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10 June 2013 | Approved: 8 July 2013

Mayor Cole called the regular meeting of the Town Council to order at 7:35 p.m. In attendance were Audrey Maskery, Joli McCathran, Carolyn Rapkievian, Bill Robertson, and David Young. Also present were Treasurer Mary Challstrom, Planning Commission Chairman Charlie Challstrom, Maintenance Supervisor Steve Werts, former resident Jean Myers, property owner Dennis Kane and Pastor Judy Young.

Approval of Agenda

Bill Robertson moved, David Young seconded that the agenda be approved. Mayor Cole added: approval of Ordinance 2013-03; Comcast Franchise, approval of Resolution 2013-04; Budget Transfers and introduction of Ordinance 2013-05; Modifying Side Set Back Requirements for Main Buildings in a Residential Zone. Vote: 5-0, as amended.

Approval of Ordinance No. 2013-03; Comcast Franchise Agreement

Bill Robertson moved, David Young seconded that Ordinance 2013-03; Granting a Cable Communications Franchise to Comcast Cable of Maryland, Inc. be approved as amended. Vote: 5-0.

Public Appearances

Pastor Judy Young announced the WGUMC Yard Sale on June 29th and she passed out flyers with details. She also stated that donations are welcome and explained the drop-off procedure.

Approval of Minutes

David Young moved, Audrey Maskery seconded that the Town Council minutes for May 20, 2013 be approved. Vote: 5-0.

Treasurer’s Report

  • Bill Robertson moved, Audrey Maskery seconded that the Treasurer’s Report for May 2013 be accepted. Vote: 5-0.
  • Treasurers Report 2013-05 pdf

Budget Transfer Resolution No. 2013-04

Carolyn Rapkievian moved to introduce and approve Resolution No. 2013-04. Bill Robertson seconded the motion. Vote: 5-0.

Introduction Ordinance No. 2013-05

Mayor Cole asked Charlie Challstrom to explain the proposed ordinance change. Chairman Challstrom stated that this proposal came as a result of a recent building permit application for an addition at 404 Grove Avenue which was presented to the HPC on May 21, 2013. The proposed ordinance will change the sum of two (2) sides set back requirement in the Schedule of Standards from 25 feet to 20 feet. He asked the Council to set a date for the public hearing. He then presented a document outlining the Zoning Text Amendment process. He pointed out that once the Planning Commission has sent such a zoning text amendment to the Council it is legally required to proceed with the introduction and public hearing.
Joli McCathran moved, David Young seconded that Ordinance 2013-05 be introduced.
Steve Werts stated that he was uncomfortable with the speed at which this was moving through. He thought that it was a good idea but that with a little more time and research it could be something even better. His preference is to do something that benefits more than just one non-compliant home. He thought that non-compliance should be part of the discussion and he would like the proposed ordinance to go back to the Planning Commission and the Historic Preservation Commission for further review. Mayor Cole stated that using a setback standard based on lot size seemed more logical and fairer to all residents. Chairman Challstrom stated that lot size was far more difficult and that the proposed change was endorsed by the HPC, especially with regard to the proposed addition at 404 Grove Avenue. Kathy Lehman asked about the cost for advertising in the Gazette (approx. $600.00 x 2). She went on to say that if further research was going to be done the net of which would be another ZTA advertisement, it would be foolish to rush this through. Chairman Challstrom said that this was better for now and the easiest thing to do. Discussion continued including dormers, maximum enclosed space, footprint enlargement, flexibility, design, arbitrary decisions and their origins, non-compliance, how to correct the non-compliant homes, boundary surveys, equal enforcement, the need for further research and the process. Vote: 5-0.

Proposal for Appointment of New Members to PC, HPC, and BZA

Mayor Cole brought forth the appointments of Steve Werts for 5-year term on the Planning Commission, Wendy Harris for a 3-year term on the Historic Preservation Commission and Marc Hansen and Christine Dibble for 3-year terms on the Board of Zoning Appeals.
Carolyn Rapkievian moved, Audrey Maskery seconded that the Mayor’s appointments be approved. Vote: 5-0.

Annual Report from the Planning Commission

This report was presented at the Annual Town Meeting. Charlie Challstrom with send it to the State to fulfill our annual requirement. The Mayor and Town Council accepted the Annual Report from the Planning Commission.

Woodward Park One Time Use Permit Form – Discussion

Mayor Cole explained that the current Resolution and associated documents were designed for multiple/recurring uses (for ex: adult soccer games) and did not adequately address a one-time use (for ex: a family picnic). Joli McCathran stated that Peter Nagrod is considering volunteering for the Woodward Park Field Coordinator position. She reminded everyone that there is currently no one fulfilling those duties. The Mayor asked for Council input. A discussion ensued.

Joli McCathran moved to allow Orville Haye, from Haye Signature Cuts at the Commercial Corner, to use Woodward Park for a customer appreciation day on June 29, 2013. This is a one-time use with a 4 hour time limit, a 25 car maximum, NO Moon Bounce and a responsible adult in the park at all times. Bill Robertson seconded the motion. Vote: 5-0.

The Mayor and Council will further discuss the use of two (2) permits; a one-time use permit and an on-going recurring use permit and changes to Resolution 2012-02. The Town Clerk was asked to work on multi-use and one-time use permit examples for review at a later date.

Clay Court Committee – Discuss Charge from Mayor and Town Council

Mayor Cole distributed a DRAFT document titled, "Charge from the Mayor and Town Council to the Clay Court Committee". Joli McCathran stated that she would be vacationing at Mountain Lake Park
in Western Maryland and has scheduled a meeting with authorities to discuss the maintenance of their clay/dirt courts. She will report her findings at the next meeting.
Carolyn Rapkievian moved, Audrey Maskery seconded that the draft document stating the charge to the Clay Court Committee be accepted as presented. Vote: 5-0.

Council Reports

  • Mayor Cole reminded the Council to submit their reports to her and to copy the Town Office by July 3, 2013.
  • Bill Robertson moved, David Young seconded that the May Council Reports be approved for posting on the Town website. Joli McCathran brought up the subject of a joint meeting with the TC, PC and HPC and suggested a February time. The general concept seems reasonable but perhaps it should be called a work session with budget discussions in mind. Vote: 5-0.
  • Town Council Reports – June 2013 pdf

Mayor’s Announcements

  • Deer Park Bridge Update – Mayor Cole reported that the meetings with Montgomery County representatives (DOT & Permitting Services) and MARC (Mark Horvath; Director for Transit Services) have been productive. A joint meeting with the TC, PC and HPC is in the works and the next meeting with CSX will be scheduled for late June or early July.
  • Town Crest Development: Mayor Cole reported that the Hearing Examiner denied Local Map Amendment 910. Links to the documents have been provided in e-mails. Linowes and Blocker will likely ask for oral arguments to be heard…stay tuned.

New Business

  • The Clerk asked the Mayor to write up something for the July Bulletin that explains our Grove Alert System.
  • Carolyn Rapkievian stated her appreciation of the note written on the Town Yahoo Group concerning the recent raccoon situation and she praised Veterinarian Patrice Klein for her comments as well. Carolyn would like to take this type of thing on as a part of her Safety duties. She will write something for inclusion in a future Bulletin after she researches the subject further.

The meeting was adjourned at 9:35 p.m.

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