Meeting minutes of Town Council Meeting on July 3, 2007                      

As reviewed, approved, and accepted by the Town Council on August 7, 2007 

 

The regular meeting of the Mayor and Town Council was called to order by Mayor Oland at 7:30p.m.  The Mayor, Council Members Frank Bennett, Charles Bradsher, David Preusch   and Tom Wilkinson were present. The Clerk and the Treasurer were present. There were 4 citizens present. 

Mayor Oland administered the Oaths of Office to Council Members Frank Bennett and David Preusch.  Mayor Oland administered the Oath of Office to Christine Wilkinson as Treasurer; and to Cathryn Buit as Clerk.

The minutes of the regular Town Council Meeting on June 5, 2007 were approved as submitted.  The minutes of the joint Work Session of the Mayor and Council and the Historic District Commission on May 2, 2007 were approved as submitted.  The minutes of the joint Work Session on June 26, 2007 were approved as submitted.

Treasurer’s Report:  None for the month ending June 30, 2007

Discussion/Action Items:

Mayor Oland introduced James Guenterberg (owner of the property located at 21516 Laytonsville Road) and Mike Fraley.  Mr. Fraley is interested in purchasing this property.  Mayor Oland commended Mr. Guenterberg for his many years as an exemplary business property owner.  Mayor Oland reminded the meeting that current in the Commercial Historic zone, a Special Exception use requires residency according to the Comprehensive Plan.  Mayor Oland suggested that a special exception for “commercial establishments devoted to sales, service, trade and/or merchandising” be approved as a permitted use in the CH zone.  Mayor Oland reviewed the guidelines for a Text Amendment.  A Special Meeting and Hearing was suggested for August 14, 2007.

Motion to Lift Motion:  At the June 5, 2007 regular Town Council meeting, Council Member Frank Bennett made the motion to make the Historic District commission advisory in nature.  The motion was tabled.  Council Member Tom Wilkinson made the motion to lift this motion from the table.  There was no second.  Hearing no second, the motion died. 

 

Identify Contributing and Non-Contributing Resources:  Mayor Oland stated that Sheree Wenger, Chair of the Historic District Commission, is in the process of identifying these resources.  Mrs. Wenger stated that she would like to explore adding to the current list identified by Mr. Pammel in the Town’s Comprehensive Plan.

Rescind Approval of Historic District Commission Guidelines:  Mayor Oland commented that this discussion may occur at a later date.

Amend Zoning Ordinance to Include Identification of Categories in the Historic District: Mayor Oland discussed the amendment of Section 127 of the Zoning Ordinance to comply with Paragraph 8.06 (a) 2 of Article 66B that Historic District Guidelines include “Identification of categories of changes that are so minimal in nature that they do not affect historic, archeological or architectural significance and require no review by an historic district commission.

 

Amend Zoning Ordinance to include requirement of Town Council Approval for Historic District Commission Guidelines:  Mayor Oland reminded the meeting that the Historic District Commission had submitted the Historic District Guidelines as a courtesy to the Mayor and Council for review. 

 

Mayor Oland reviewed a memorandum from Stanley D. Abrams, Esq., Town Counsel that responded to questions the Town had posed.  Discussed:

 

1.      All property within a historic district, whether contributing or non-contributing are subject to the Town Historic Preservation Ordinance and its procedures.  Under both Article 66B and Paragraph 106 (b) of the Town Ordinance, the HDC can be lenient in terms of its decisions on plans for structure of little historical or design significance such as non-contributing structures.  The State law is silent with respect to federally designated historic property or how they should be treated.  Mr. Abrams thinks that the Town could write in an exception from review for those historic resources but questioned whether or not the Town wanted to do this.

 

2.      Only one Agency, the HDC, may make decisions involving historic area work permits.  There is no provision in State law for a Committee whether separate from or a part of the HDC to approve permits for non-contributing resources in a Historic District.  Also,  Mr. Abrams reminded the Town that a historic area work permit is not a building permit.

 

3.      An emergency clause for public safety issues to exempt such actions from hearings and other procedures should be by Ordinance and should contain criteria for defining a public safety issue and a determination of who makes the decisions as to the determination of public safety.

 

A discussion of what constitutes an emergency/public safety was held.  Sheree Wenger suggested the creation of a review sheet (checklist).

 

 

Mayor Oland requested that Sheree Wenger prepare a list that would identify categories of changes that are so minimal in nature that they do not affect the historic, archeological or architectural significance and require no review by a Historic Distinct Commission.

Lt. Governor Request for Database:  It was agreed by consensus that any request for home address, home telephone numbers, etc. of the Mayor and Council be referred to the Town Hall and the Town Hall’s information would be utilized.

Town Hall Pavilion:  Mayor Oland reported that the pad has been installed.  The pavilion structure should be completed the week of July 9, 2007.

Work Session:  The Mayor and Council have cancelled the Work Session scheduled for July 17, 2007.

 

Action Items:

Identify Contributing and Non-Contributing Resources for the Town:  Council Member Frank Bennett made the motion to identify the following properties as contributing resources: Ayton-White House (7011); Joseph Higgins (21606 Laytonsville Rd); Layton House (7000 Brink); Rolling Ridge ( 21728 Rolling Ridge Lane); Temperance Hall (6920 Sundown Rd); Weeks House (21601 Laytonsville Rd); Griffith-Weeks House (21415 Laytonsville Rd).  Council Member David Preusch seconded.  A discussion was held to keep the Historic District Commission apprised of any federally-approved historic designations.

Vote:                Council Member Tom Wilkinson abstained

                        Council Member Frank Bennett             yes

                        Council Member Charles Bradsher                      yes

                        Council Member David Preusch                        yes

                        Mayor Charles  Oland                                     yes

 

Motion approved by majority.

 

Amend Zoning Ordinance to Include Identification of Categories in the Historic District:  Council Member David Preusch made the motion to amend the Zoning Ordinance to require that the Historic District Commission (Guidelines or Ordinance)  include “Identification of categories of changes that are so minimal in nature that they do not affect historic, archeological or architectural significance and require no review by an historic district commission”. Council Member Tom Wilkinson seconded.  Unanimously approved.

 

Amend Zoning Ordinance to include Requirement of Town Council Approval for Historic District Commission Guidelines:  Council Member David Preusch made the motion to require Town Council approval for Historic Commission Guidelines.  Council Member Tom Wilkinson seconded.  Unanimously approved. 

 

Amend Zoning Ordinance to allow Commercial Establishments devoted to sales, service, trade and/or merchandising as a Permitted Use in the CH Zone:  Mayor Oland made the motion to amend the Zoning Ordinance to allow Commercial Establishments devoted to sales, service, trade and/or merchandising as a Permitted Use in the Commercial Historic Zone.  Council Member Frank Bennett seconded.  Unanimously approved.

 

Vacancy in the Historic District Commission:  Mayor Oland made the motion to appoint Danny Prats as a member of the Historic District Commission for a three year term.  Council Member Frank Bennett seconded.  Unanimously approved.

 

Mayor Oland made the motion that Barbara DeWitt be appointed as an alternate to the Historic District Commission for a three year term.  Council Member Frank Bennett seconded.   Unanimously approved.

 

Identify Contributing and Non-Contributing Resources:  Council Member Frank Bennett made the motion that the Historic District Commission has 120 days to create Guidelines.  Council Member David Preusch seconded.  Unanimously approved.

 

Council:

Council Member Tom Wilkinson noted that the sinkhole still remains at Route 108 and Brink.  Mayor Oland has called the State Highway Administration.

Citizens:

 

Respectfully submitted,

 

 

Cathryn D. Buit

Clerk

July 3, 2007    

 

Notice:  the Town of Laytonsville is an approved agency for mcps student service learning credit hours.  If you are interested, please contact cathy (301) 869-0042.