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Council minutes, Mar. 2010

Minutes of the Council Meeting held Mar. 9, 2010

Date: March 9, 2010

Time: 7:00 PM

Place: 5906 Connecticut Avenue, Chevy Chase Village Hall

Present: Karin Flynn; Alec French; Peter Gray; Frances L. Higgins; Chris Richardson; Chris Jakubiak; Todd Ray; Tim Spearman; 12 Section 5 residents

  1. Agenda Item: Presentation by Chris Jakubiak, Town Planner

    Peter introduced Chris Jakubiak and the two architects, Todd Ray and Tim Spearman, who gave the presentation. Chris explained that he and the two architects helped with the rebuilding of LaPlata, Maryland, after it was damaged by the water and winds from a hurricane in the 1990's. He also said that he was involved in Martins' Additions' efforts to write zoning ordinances. It was an effort on the part of Martins' Additions residents to address the effects of very large building projects that were changing the character of the town.

    Chris presented some slides of building projects which the residents of Martins' Additions believed had changed the town's character. The Council appointed a task force made up residents, real estate agents, builders and Chris, the town planner to address issues related to zoning. Zoning ordinances were written and ultimately enacted. Todd also showed some slides that depicted the aspects of houses which the Martins' Additions zoning ordinances addressed.

    Peter thanked Chris, Todd and Tim for their presentations.

  2. Discussion of Traffic Calming Devices

    A representative from a traffic group has sent the Council an email in which he expressed some caution about responding to Section 5's RFP concerning traffic calming devices. He said that he is not certain that he could recommended traffic calming devices that would guarantee a reduction in traffic volume and/or traffic speed in Section 5.

    Decision: Alec said that he would contact this person and discuss the traffic calming devices which could be effective in Section 5.

  3. Discussion of Ordinance Preventing Storage Devices Being Placed on Public Streets and Length of Time Devices May Remain on Private Property

    There was some discussion about ordinances restricting the placement of storage devices on public right-of-ways which are presently in effect in the neighboring municipalities.

    Decision: The manager will get copies of ordinances regarding storage device placement in the neighboring municipalities and provide the Council members with copies.

  4. Discussion of Proposed Ordinance to Reduce the Speed Limit on Section 5's Streets

    There was some discussion about the speed limits presently in effect in the neighboring municipalities. There is a 20 mph speed limit in the Town of Chevy Chase, the Village of Chevy Chase, Section 3 and Martins' Additions.

    Decision: The Council asked the manager to send a copy of the proposed speed limit ordinance to the residents with the annual meeting mailing with an explanation for the Council's plans to enact this ordinance.

  5. Discussion Proposed Ordinance Preventing Discharge of Water from Private Property onto Public Sidewalks and Streets

    It was mentioned that there are several blocks of sidewalks in Section 5 which have depressions that fill with water during rain and snow storms. Often during freezing temperatures this water freezes and presents a safety hazard. It was suggested that Section 5 replace these blocks of sidewalk to prevent this water collection. It was also suggested that Section 5 assume the cost of remedying the situations where residents discharge water onto the public sidewalk from private property.

    Decision: Alec agreed to contact David Podolsky about the liability to Section 5 when ice accumulates on the public sidewalks from a discharge of water from a private property.

  6. Discussion of a Proposed Ordinance Limiting the Amount of Non-Vegetative Surfaces in Front Yards

    Andrew had agreed to do an analysis of the ordinances concerning the restriction of non-vegetative surfaces in front yards in the neighboring municipalities; however, he was absent. He will give his report at the next meeting.

  7. Treasurer's Report

    Karin said that there have been no unusually high expenses thus far this fiscal year except for the snow removal costs. Last year Section 5 received approximately $600,000 in State income taxes and thus far this year the town has received approximately $247,000 in State income taxes.

    Chris and Andrew will get together and determine the amount of the manager's salary increase for the fiscal year 2009-10 and report at the next meeting.

  8. Discussion of Section 5's Budget FY 2010-11

    Karin presented copies of the proposed budget for FY 2010-11, actuals for 2009-10 to date, and actuals for the three most recent years. She presented these figures to the Council members so they could make comparisons in deciding on the proposed budget figures for the new year. A copy of these figures is attached to the minutes.

    The following is a copy of the proposed budget for FY 2010-11:

    INCOME
    Building permit deposit 0
    Holiday Fund 0
    Building Permit Fee 2,000
    Highway User 2,000
    State Income State 360,000
    Interest Income 36,000
    Miscellaneous Income 0
    TV Cable Fee 4,500
    TOTAL 404,500
    EXPENDITURES
    Gratuities 7,500
    Police 12,000
    Personnel & Admin. Expenses 60,000
    Community Activities
    Donations 12,500
    Block Party 8,500
    July 4th 2,250
    Total Community Activities 23,250
    Cable TV 3,000
    Dues, Mtg's & Membership 5,000
    Insurance 2,500
    Miscellaneous Expense 3,000
    Office Printing 16,200
    Professional Fees 15,000
    Snow Removal 12,000
    Leaf Collection and Disposal 12,000
    Lighting 11,000
    Streets 10,000
    Trash & Recycle 70,000
    Trees 60,000
    TOTAL 325,450

    Decision: Chris moved that the proposed budget be accepted with the adjustments which the Council members made; there was a second and the motion passed unanimously.

    A resident suggested that the number of hours of extra police presence be increased from 20 hours per month. The manager told the Council that the Village of Chevy Chase will no longer provide police patrols on a contractual basis. The Village will, however, continue with the current level of patrols until June 1, 2010. The Council asked the manager to contact the County police and get information about contracting with the County police department for police patrols in Section 5 and to report at the next meeting.

    Decision: The Council decided to continue with the 20 hrs. per month for the police patrols. The Council made this decision because the charge per hour for police patrols with the County is $35 per hr. whereas the charge per hour for police patrols with the Village is $50 per hr. This reduction in cost per hour will allow the Council to receive more hours per month from the County.

    Karin mentioned the deadline for residents to make requests of Section 5 for donations to private, non-profit organizations. She said that traditionally the town has received requests from both Ellen's Run and B-CC Rescue Squad.

    The manager will send a special notice with the May agenda alerting residents that the deadline for requests for donations is the date for the May meeting. The manager will have Mark Peyton sign his bills as evidence that the figures on the bill are the ones which he submitted.

  9. Building Inspector's Report

    No permits were issued.

  10. Manager's Report

    The manager attended a meeting with the Governor's staff concerning FEMA's plans to reimburse Maryland governments for their snow removal costs for both the December and February snow storms. FEMA will give these governments 75% of the costs for a 48 hour period. The 48 hour period must be continuous. The manager has already submitted the costs for the December storm.

    At the direction of the Council the manager contacted LGIT, Section 5's insurance company, about Section 5's liability for injuries caused by ice on the public sidewalks. The LGIT representative said that it would honor claims which might be levied against Section 5 for injuries caused by the ice; however, the person said that the degree to which Section 5 is liable is a legal question rather than an insurance question.

    An Underwood St. resident was granted a permit to remove a damaged tree which was in danger of falling. The tree removal permit stipulates that the person requesting the permit must replace the tree with a new tree; however, the new tree does not need to be planted in the same place as the removed tree. The Underwood St. resident has presented a written request to the Council asking for a waiver so that he will not need to plant a replacement tree. There was some discussion about granting a waiver. The Council asked Chris to go by the property and look at the lot and the number of trees on the lot presently and report back to the Council.

    The manager has made a list of the locations of each of the fire hydrants and storm drains in Section 5. She did this so that in future snow storms the Council may place a marker at the hydrants and thus know the locations. The addresses of the storm drain locations will provide the Council with the knowledge of their locations.

    Section 5's new computer was given a free upgrade with its purchase. This new upgrade is not compatible with Section 5's version of Quick Books; therefore, the manager purchased an upgrade for its Quick Books.

    There was some discussion about the manager preparing Mark Peyton's bills.

    Decision: The Council instructed the manager that Mark Peyton must sign his bills before he may receive the payment.

    The next meeting will be the Annual Meeting/Election Tuesday, April 13, 2010, at 7:30 PM at the Village Hall, 5906 Connecticut Ave. Everyone is welcome.

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