Historic preservationists left a County Council committee meeting Monday somewhat less worried about the future of the Montgomery's historic farms, homes, statues and their settings.
They had been concerned that a bill proposed by Councilman Michael J. Knapp (D-Dist. 2) of Germantown would weaken the county's ability to preserve its heritage
"I'm more confident that we're going in the right direction now," Julia O'Malley, president of the Kensington Historical Society and former chairwoman of the county's Historic Preservation Commission, said after the council's Planning, Housing and Economic Development Committee meeting.
The vast majority of speakers told the Montgomery County Council at a March hearing on the bill that the changes proposed to the county's historic preservation law are a bad idea.
Everyone from the National Trust for Historic Preservation to local activists took issue with two provisions of the proposed amendment. One would eliminate high artistic value as a criterion for historic designation and the other would set a higher standard for designation if the property owner was against historic designation.
But Knapp said it was important to discuss the issues.
"I see that as part of the legislative process to start a conversation," he said during the committee meeting Monday.
The final legislation does not have to resemble the draft bill, but the law needs to be clarified, he said.
All three members of the committee made clear they would make changes to the bill.
"I don't support eliminating the artistic elements or elevating the property owner," Councilwoman Nancy M. Floreen (D-At large) of Garrett Park said.
Knapp had suggesting removing high artistic value because the criteria seemed too subjective. Council staffer Jeff Zyontz suggested the lawmakers consider requiring a property that has high artistic value also meet a second of the nine criteria for designation.
"Leaving aside the vagueness of high artistic value,' very often archeological sites are only important because of the information they provide," said David Rotenstein, chairman of the Historic Preservation Commission. "Given that, I would back away from deleting the designation."
The question of creating a higher standard for designation if the owner objects raised legal questions, Zyontz said. The County Council and Planning Board make decisions all the time that property owners oppose, he said.
The Historic Preservation Commission has the expertise to decide if something is historic, Zyontz said, but the council should weigh the interests of the property owner and the public in making a designation.
"If something's historic, it's historic," Councilman Marc Elrich (D-At large) of Takoma Park said.
Knapp drafted the amendment in response to testimony he heard from property owners who did not wish to be included in the Master Plan of Historic Preservation for the Damascus-Goshen area. Many said they had been left in limbo because their properties sat on the county's Locational Atlas and Index of Historic Sites waiting for a determination on whether they were historic.
The atlas was created 30 years ago before the county established the Historic Preservation Commission, Planning Board Chairman Royce Hanson said. At the time the county identified 1,000 sites of potentially historic value. The Historic Preservation Commission is working through the list but still has 160 left to review.
"It's going to take several more years," Scott Whipple, Historic Preservation Commission supervisor, said.
Council members figured at the pace they are going, the review will take six more years.
"I think it's dreadful it's been 30 years and we still haven't resolved the atlas items," Floreen said. "Is it because we haven't funded the Historic Preservation Commission?"
The commission is understaffed, Whipple said. Elrich suggested hiring one or two people to give a faster review to the properties on the list.
"You have to weigh the interests of the property owner and you ability to protect [historic properties] in a timely manner," Zyontz said.
Council members discussed requiring the commission to report annually and have a conversation with council to set its work program.
"I think the council has recognized there are a lot of preservationists in the county focusing on this issue and they're really listening," O'Malley said as she left the room.
The committee will continue to discuss the bill in the coming months. No timetable was set.