Council minutes, Oct. 2007

SECTION 5 OF THE VILLAGE OF CHEVY CHASE

MINUTES OF THE COUNCIL MEETING

Date: October 9, 2007

Time: 7:30pm

Place: 5906 Connecticut Avenue, Chevy Chase Village Hall

Present: Margy Abbott; Peter Gray; Frances L. Higgins; Ira Rosenbaum; Andrew Smith; Andrew Harney; manager Section 3; 5 Section 5 residents

1. Minutes

Andrew moved that the September 11, 2007, Council meeting minutes be approved as corrected. The motion was seconded and it passed unanimously.

2. Storm Water Management Presentation

Andy Harney, manager Section 3 Village of Chevy Chase, said that most Section 3 residents have experienced some water problems and that most residents have installed a sump pump to deal with such problems. These sump pumps are routed out to the street through a hole in the curb and drain into the gutter. During the winter this water freezes in the gutters and presents a safety hazard. As a result of these water problems Andy wrote a storm water management ordinance which is in essence Nancy Floreen’s original bill before Montgomery County watered it down and Section 3’s Council enacted this ordinance. This ordinance requires the residents who apply for a building permit to present a water management plan with the building permit application. This plan addresses the water runoff from the building site which may affect neighbors.

Andy said that Section 3 has employed a civil engineer to help residents create a water management plan when they apply for a building permit. In one situation this engineer proposed a resident construct a void which contains buried container; this container is wrapped in fabric to protect the integrity of the device so that debris and mud do not enter the container. It allows water in but not mud and debris. Andy said the engineer’s proposals are practical and not excessively expensive.

Andrew asked Andy if Section 3 would grant a building permit if the resident refused to submit a water management plan. He also asked if a resident was simply replacing an impervious surface would he/she need to notify the town. Andy said such a resident would need to contact the town if that impervious surface had previously presented water problems for the neighbors. Andy said that that sort of situation has not arisen. Margy asked if a private resident could employ the engineer to help develop a plan. Andy said that a private resident could employ the engineer.

Andy said that Chevy Chase United Methodist Church had been required by the County to place holding tanks under its new parking lot to deal with the water runoff from the new impervious surface. She said that Section 3 had purposely enacted an ordinance that is simple and not draconian so that the Council would have some latitude in dealing with water problems. The Council extended its thanks to Andy for providing information on storm water management.

3. Discussion of Revision of Rules and Regulations

Kevin Bromberg and Emily Eig, members of the Section 5 Zoning Committee, asked for clarification concerning the proposed changes of Section 5’s rules and regulations. Margy said that only chapters 1, 5, 6, 9 and 11 need to be enacted. She said that Chapter 2 Elections, Chapter 4 Public Ethics, Chapter 7 Trees, Chapter 8 Streets, Sidewalks, Traffic and Vehicles and Chapter 10 Fences have already been enacted by the Council. The Election Ordinance was enacted March 13, 2001 and an additional election ordinance was enacted March 13, 2001 which clarified the tie vote procedure. The Ethics Ordinance Chapter 4 was enacted Oct. 1984. The Tree Ordinance was enacted June 10, 2003. Chapter 8 contains five (5) ordinances; one pertains to fences, trees, hedges, walls, shrubbery which impair motorists view; it was enacted October 5, 1995, another pertains to restricted parking in a snow storm; it was enacted October 5, 1995; a third ordinance pertaining to restricted parking on Leland Ct., was enacted March 23, 1999; a fourth ordinance pertaining to restriction of dumpsters on public streets was enacted March 23, 1999; the fifth ordinance which pertains to restricted parking on Woodbine St. was enacted October 5, 1993. The Fence Ordinance was enacted October 1989; it was revised June 13, 2003 to allow residents fronting on a State highway to erect a fence past the front foundation line of the house; it was revised again November 9, 2004 to require fences to be finished on both sides; however, this revision was rescinded February 14, 2006. It was last revised on February 21, 2007, effective March 13, 2007, to increase the permit fee.

A Thornapple Street resident said that he understood that the Council sent the material to residents so that they could review it and come to the meeting and express their concerns. He also said that he understood that there were some ordinances which did not need to be enacted because they were already in effect, but that some chapters of the proposed ordinances needed to be enacted. Council members said that he was correct in his opinions.

Emily asked the Council if it was trying to enact a code for Section 5 that could then at a later date be amended. Margy said that was the Council’s intentions. There was some discussion of chapter 9 which contains the building regulations. Peter said that the copy which he received had some errors and omissions. He will meet with the manager and explain his concerns. The manager will make these corrections and email the corrected chapter 9 to the Council. Kevin had some concerns about the omission of penalties from the 1923 building regulations. These penalty sections were deleted from the building regulation sections contained in the 1923 Rules and Regulations and were not contained in the proposed Chapter 9.

Andrew asked the Council members if they had read the material in the proposed Chapters 1, 5, 6, and 11. The Council members said that they had read this material. Andrew suggested that the Council enact these chapters and consider corrected chapter 9 at the November Council meeting. Margy moved that chapters 1 General Provisions, 5 Health and Sanitation, 6 Animals, and 11 Offenses and Miscellaneous Provisions as presented in the September 27, 2007, mailing to Section 5 residents be enacted and replace any previous rules and regulations stated in the 1923 Section 5 Rules and Regulations which pertain to health and sanitation, animals, and offenses and miscellaneous provisions. Andrew seconded the motion. Andrew, Margy and Ira voted for the motion; Peter voted in opposition to the motion because he felt that there were too many unanswered questions and concerns. The motion did not pass.

Andrew suggested that copies of chapters 1, 5, 6, 9 and 11 be annotated and sent to the residents. The manager will send Emily and Kevin a hard copy of the ordinances which are in effect now.

4. Treasurer’s Report

Margy said that the town had received $60,000 in State income taxes by October 2006 but that it had received only $25,000 by October of this year. She said that expenditures this year are somewhat over budget but not excessively. There are two CD’s which will mature in October and the manager will negotiate the best rate for renewal.

5. Manager’s Report

The manager presented a landscape proposal to shore up the soil at the north west corner of Thornapple St. and Brookville Rd. with jute netting and plants. This project will cost $4,695. The Council agreed to this proposal.

The manager has not had any further communication from the owners of 6 Leland Ct. about the request to widen the driveway apron. The State has begun the process of removing the public tree in front of 7205 Connecticut Ave.; the tree was a safety hazard.

The town’s trash hauler has agreed to make an extra recyclable collection on a Thursday when there is a holiday on Monday. This extra collection will cost $500 per collection. The Council agreed to pay for this extra collection.

The Council agreed to pay $300 for a year’s subscription to the Local Government Law Weekly. John Higgins reviews this weekly journal and reports to the Council about any cases which pertain to Section 5. The Council agreed to engage a surveyor to determine if the tree which is leaning toward 3712 Underwood St. belongs to the town or the property owner. If the tree belongs to the town, the manager will apply for a permit from the State to remove the tree. If the permit is granted, the tree will be removed.

Andrew moved that the meeting adjourn; there was a second and the motion passed unanimously.

The next meeting will be Tuesday, November 13, 2007, at 7:30pm at the Village Hall, 5906 Connecticut Avenue