Council minutes, Apr. 2010

SECTION 5 OF THE VILLAGE OF CHEVY CHASE

MINUTES OF THE COUNCIL MEETING

Date: April 13, 2010

Time: 7:30 PM

Place: 5906 Connecticut Avenue, Chevy Chase Village Hall

Present: Karin Flynn; Peter Gray; Frances L. Higgins; Chris Richardson; Andrew Smith; 10 Section 5 residents

1. Agenda Item: Minutes

   Andrew moved that the minutes be approved as amended by Council members; Peter seconded the motion. The motion passed unanimously.

2. State of Section 5

   Streets
   Andrew said that Section 5 is responsible for maintaining its streets and sidewalks because it is a municipality in the State of Maryland. This year the Council voted to resurface Thornapple, Dalkeith and Underwood Streets, Williams and Alden Lanes and Thornapple Place. A portion of the money for this project was given by the State as a highway user fee. Snow removal this winter exceeded the budgeted amount by approximately $45,000. FEMA has agreed to reimburse Section 5 for 75% of the snow removal cost for a 48 hour period for both the December and February storms.

   Traffic Control
   Some residents are concerned that driving speeds and vehicle volume threaten the safety of our children. Acting on these concerns, the Council has written a RFP and solicited responses from engineering companies. To date the Council has not received any responses.

   Donations
   The Council has developed criteria and procedures for requesting and awarding Section 5 donations to charities and other non-profit institutions. These requests must be made before the May Council meeting in the preceding fiscal year.

   Safety/Crime
   The Council began two years ago to employ extra police patrols using the Village police for 20 hours per month. The Village has notified the Council that it will no longer provide these patrols after June 30, 2010. The Council is currently arranging for patrols to be made by off-duty County police.

   Zoning
   Passage of the Madalino legislation in 2006 gave some municipalities, including Section 5, authority to develop zoning regulations with the condition that the regulations may not be less restrictive than those of the County. After conducting a survey of Section 5 residents asking them their opinions about Section 5 enacting more restrictive zoning ordinances, the Council decided not to enact more restrictive zoning ordinances. The survey respondents did see a need for a restriction on non-vegetative surfaces in front yards.

   State Requirements
   The State required Section 5 to develop a harassment policy. John Higgins wrote one based on one written for another town. It was adopted by the Council and apparently found adequate by the State.

   The State also required a Section 5 debt policy. Procedures for borrowing money are written into our Charter, and these also were found acceptable.

   Andrew said that John Leonard and William Sinclair both of Williams Ln., and Senator Mac Mathias, of Leland St. died this year. Also, former residents Kitsy Chalmers and Gordon Ritchie died this year. A Woodbine St. resident said that Robert Dunn and Norman Nisenoff both of Woodbine St. died this year. These residents and former residents will be sorely missed.

3. Agenda Item: Residents Vote on Tax Rate

   Andrew explained that Section 5's tax rate for the 2009-10 fiscal year was zero.

   Decision: A resident made a motion that the tax rate for Section 5 remain at $0.00 per $100 of assessed property value for FYI 2010-11. There was a second and the motion passed unanimously.

4. Treasurer's Report

   Karin said that the expenditures for 2009-10 were all within budget except for snow removal; even though that budget item was considerably more than budgeted, it was well worth the expenditure. Revenue from both the highway user fee and CD interest is less than the last fiscal year. Karin said the money in the reserve fund is about $1,800,000. There was some discussion about setting aside a certain amount of money for capital improvements. This will be discussed at another meeting.

5. Citizens Concerns and Suggestions

   There was some discussion about the number of hours of police patrols in Section 5 being too few. Since the cost per hour for police patrols with the County police will be greater than the cost for the Village police, it was suggested that the police budget item be increased.

   Decision: Peter moved that the budget item for police be increased from $12,000 to $16,000; there was a second. The motion passed unanimously.

   There was some discussion about Section 5 purchasing the rear lot of the 7203 Brookville Rd. property. It was stated that the owner has received an offer for the property and a decision will be made concerning this offer within the next two or three weeks.

   A resident asked if the Council would contact Pepco and ask the utility to trim the limbs that are hanging over the electric wires on the west side of the No Gain property along Brookville Rd. The manager will contact Pepco.

   The owners of the property at 3703 Underwood St. have received a permit to remove a tree on their property and one of the requirements of that tree removal permit is to replace the removed tree. They have now asked the Council to waive the tree replacement requirement. Chris went by the property and inspected the backyard. He said that they do not have sufficient room in their back yard to plant a new tree. The Council agreed to waive this requirement; the manager will notify the owners of the Council's decision.

6. Agenda Item: Speed Limit

   Andrew said that the speed limit for Section 5's streets is the same as the County's because Section 5 has never enacted its own speed limit. He said that a copy of the proposed speed limit for Section 5's streets was sent to the residents for their review. There was some discussion about the proposed speed limit. Andrew moved that the proposed speed limit: "No motor vehicle shall be operated upon any public highway, street, roadway, or alley of Section 5 of the Village of Chevy Chase at a speed exceeding 20 miles per hour." be enacted as presented. Karin seconded the motion and it passed unanimously. The manager will have the new speed limit signs posted in the appropriate places in Section 5.

7. Agenda Item: Tree City Award

   Andrew read the proclamation from the Tree City Foundation that declared Section 5 as a Tree City. Section 5 is required to spend a certain amount of money on the planting and maintenance of trees during the year to be qualified for this award.

8. Agenda Item: Building Inspector's Report

   Permits granted:
   8 Leland Ct. - enclose back porch
   7303 Connecticut Ave. - replace fence section, rear yard
   3810 Leland St. - replace fence, rear yard
   3807 Thornapple St. - replace fence, side yard

9. Agenda Item: Manager's Report

   The resident at 3817 Woodbine St. has asked the Council for permission to widen his driveway apron. The Council asked Alan Beal to inspect the area and report back to the Council. Alan gave his approval. The manager will contact the resident and tell him that the Council has given its permission to widen his driveway.

   The resident at 7310 Brookville Rd. has written a letter to the Council stating that the snow removal crew damaged her hedges along Williams Ln. on the north side of her property by pushing snow against the hedges. She asked that the Council pay to have her hedges trimmed and some new ones planted to replace the severely damaged ones. Some Council members and the manager went by and inspected the hedges and said that the hedges appear to be recovering from the damage. The Council decided not to pay for the damaged hedges. The manager will contact the owner about the Council's decision.

   Lindsay and Associates, Section 5's current accountant, has sent Section 5 a letter of intent to conduct the public audit for fiscal year 2009-10. The Council decided to engage Lindsay and Associates to conduct the audit for fiscal year 2009-10.

   The Council decided to offer free shade trees to Section 5 residents this fall as part of its ongoing Urban Reforestation Program. The manager will send a flyer to residents notifying them of this offer this fall.

   The resident at 7403 Connecticut Ave. has a crepe myrtle plant that he would like to transplant in the public strip in front of his house. There was some discussion. There were two Council members who would allow the resident to plant the crepe myrtle and two Council members who oppose the planting. The Council decided to wait until Alec returns to break the tie.

   An Underwood St. resident wrote a letter to the Council asking that the broken basketball goal on Underwood St. be removed. The manager will inspect the goal and report back to the Council. This resident also said that the Council does not have a master plan concerning the type of plantings which are installed in the public strips. The manager said that the Council does have a plan and she will contact the resident and explain this plan.

10. Agenda Item: Election Results

    Peter Gray and Chris Richardson were reelected to serve on the Council.

The next Council meeting will be Tuesday, May 11, 2010, at 7:30 pm, at the Village Hall, 5906 Connecticut Ave. Everyone is welcome.