Council Minutes, May 2010

SECTION 5 OF THE VILLAGE OF CHEVY CHASE

MINUTES OF THE COUNCIL MEETING

Date: May 11, 2010

Time: 7:00 PM

Place: 5906 Connecticut Avenue, Chevy Chase Village Hall

Present: Karin Flynn; Peter Gray; Frances L. Higgins; Chris Richardson; Andrew Smith; 12 Section 5 residents.

1. Agenda Item: Minutes

   Decision: Andrew moved that the April 13, 2010, Annual Meeting minutes be approved as revised; Peter seconded the motion. The motion passed unanimously.

2. Citizens Concerns and Suggestions to the Council

   A resident said that she has had a recurring problem with mice and rats and believes that it may be due to pipes which were not sealed off properly during construction. She said that if residents have had recent construction projects, they should inspect their basements for possible entry places for rodents. It was a suggested that residents tether their trash can lids and be careful about food spilling from bird feeders.

   Decision: The manager will place a notice in the newsletter to suggest to residents that they check their houses for possible entry places for rodents.

3. Donation Policy

   Andrew provided some background information about the donation policy which the Council passed in November 2009. He said that the Council passed the policy as a guideline for the Council when it receives donation requests from residents.

   A Williams Lane resident said that he does not believe that the Council should make contributions to charitable organizations from tax monies. Contributions to charitable organizations should be made by residents to organizations of their choosing. The Council should not make this choice for residents.

   An Underwood Street resident said that he is not questioning the judgment of the Council when it makes contributions to charities but he is opposed philosophically to such contributions. He believes that tax dollars should not be given to charities by the Council.

   Another Underwood Street resident said that he opposes the Council providing charitable donations because residents should be allowed to donate their own funds to their own private charities.

   Craig Pernick, a Williams Lane resident, has asked the Council to donate $5,000 to the B-CC Rescue Squad. A resident asked Craig if a donation by Section 5 could be designated solely for conducting a safety check in Section 5. Craig said that that was not possible.

   Pam Feinstein and Paul Kaplan, both Woodbine Street residents, have asked the Council to donate $5,000 to Ellen's Run to help with administrative costs. Ellen's Run is in honor of a Woodbine St. resident who died four years ago. The proceeds from this run are divided between the County's Mental Fund and the B-CC's Scholarship Fund.

   Phil Giordano, an Underwood Street resident, presented an application for a donation to Rosemary Hills Elementary, the elementary school which serves Section 5 residents. This donation would be used to purchase white boards.

   Susan Harvey, an Underwood Street resident and a member of the Chevy Chase Fire Board, sent in an application for a donation to the fire board.

   There was some discussion about the amount of money in the 2010-11 budget for donations; the budget amount is $12,500.

   Decision: Chris moved that the B-CC Rescue Squad, Rosemary Hills Elementary, and Ellen's Run, each receive $4,000 and the Chevy Chase Fire Board receive $500. There was a second to the motion and it passed unanimously. This amount totals $12,500 and is within the donation budget amount.

4. Discharge of Water from Private Propoerty onto Public Sidewalks and Streets

   A Thornapple Street resident asked the Council if the proposed ordinance preventing discharge of water from private property onto public sidewalks would preclude her from draining her swimming pool water onto the public street. Andrew said that the proposed ordinance is an effort by the Council to prevent a water discharge from private property onto a public sidewalk or street which could freeze. It was suggested that a resident would not be precluded from discharging swimming pool water into the gutter.

   The manager contacted LGIT, Section 5's insurance company, about the liability of Section 5 if a pedestrian is injured because of ice on the sidewalk. The LGIT representative said that liability is a legal matter and the Council should seek legal counsel on this matter.

   Decision: The Council instructed the manager to contact David Podolsky about the liability issue.

5. Traffic Calming Devices

   Andrew said that the Council has not received any responses to its RFP concerning traffic calming devices. The manager suggested that the Council engage Joe Cutro, a traffic engineer, to inspect Section 5's streets and provide a proposal about installing traffic calming devices on the streets.

   Decision: The Council decided to engage Joe Cutro to inspect Section 5's streets and provide a proposal about installing traffic calming devices on Section 5's streets. Andrew said that he would like to accompany Joe on this inspection tour. It was suggested that Alec be notified about this inspection and be invited to accompany Joe and Andrew.

6. Temporary Storage Containers

   Karin asked the manager to obtain copies of ordinances from abutting municipalities precluding temporary storage containers on public streets and sidewalks.

   Action: The Council decided to add these words: and storage containers to the last sentence of the Ordinance titled Sec. 8-300 Obstructions, Excavations or Dumpsters.

   "No person shall store or allow an accumulation of refuse, or excavation or construction debris, on any public street or sidewalk. Accumulation of mud or dirt must be removed from the street daily. Dumpsters and storage containers may not be placed on Section 5 streets or sidewalks."

   The manager will include a copy of this ordinance with the proposed additional words to the residents with the June agenda. The residents will have an opportunity to offer their views concerning these proposed new words at the June Council meeting.

7. Police Patrols

   When the present contract with Chevy Chase Village for police patrols in Section 5 expires June 30, 2010, it will no longer provide police patrols for Section 5.

   Decision: The Council decided to employ off duty County police officers to patrol Section 5's streets for 20 hours per month. The manager will contact John D'Albora, the owner of Security Management Solutions, LLC, about signing a contract with his company for police patrols for Section 5.

8. Treasurer's Report

   Karin said that the only unusual expenditure in this year's budget was for snow removal. The State has notified Section 5 that it will receive $92,182.73 for May and between $72,000 and $74,000 for June in State income money. This will give Section 5 approximately $413,000 in income tax money for the fiscal year 2009-10.

9. Building Inspector's Report

   Permits granted:
   3703 Thornapple St. - driveway, sidewalk, and apron.
   3802 Underwood St. - back yard fence and 2 gates

10. Manager's Report

    The Council asked the manager to instruct NZI Construction, Inc. to replace the curbs on Dalkeith St. before the end of this fiscal year. The manager explained that some of the driveway aprons in Section 5 have the type curves at the sides of the apron that cause motorists to drive onto the curb and the adjacent soil thus causing a depression at the curb. This depressions tends to fill with rain water. She asked the Council if it would authorize the replacement of 10 of these type driveway aprons in Section this fiscal year. She will make a list of these curbs which need to be replaced and report back to the Council.

    Two trash companies have presented bids to the Council for its trash contract beginning July 1, 2010.

    Decision: The Council decided to accept Montgomery County Sanitation & Recycling, Inc., its present trash hauler's proposal to serve as the trash hauler for Section 5 for the year beginning July 1, 2010. The manager will create a contract and present it to the Chairman to sign.

    The manager will contact the owner of the basketball goal which is damaged and leaning against a tree on Underwood Street and asked him to remove it.

    The manager will include an article about the decision which the Council made tonight concerning donations for the fiscal year 2010-11.

11. Adjournment

    Andrew adjourned the meeting. The next meeting will be Tuesday, June 8, 2010, at 7:30 PM at the Village Hall, 5906 Connecticut Ave. The Village Hall has handicap access. Everyone is welcome.