Council Minutes, Sep. 2011

SECTION 5 OF THE VILLAGE OF CHEVY CHASE

COUNCIL MEETING MINUTES

Date: September 13, 2011

Time: 7:30 PM

Place: 5906 Connecticut Ave. Chevy Chase Village Hall

Present: Peter Gray, Tim Hanlon; Frances L. Higgins; Nancy Pines; Chris Richardson; Greg White; 5 Section 5 residents

1. Agenda Item: Minutes

   Nancy moved that the June 14, 2011, Council minutes be approved as amended; there was a second and the motion passed unanimously.

2. Agenda Item: Discussion of Responses to Leland Street Traffic Questionnaire

   Peter provided some background information regarding the traffic questionnaire which was sent to the Leland St. residents. Bill Moore said that nine of the ten residents on Leland St. responded to the questionnaire that they would like to have a speed hump installed on Leland St. One woman said that she prefers another type of traffic calming device. It was suggested that a temporary type speed hump be installed on Leland St. at the site which Joe Cutro, a traffic engineer, designated. There was some discussion.

   Action:
   Chris moved that a temporary speed hump rated for 20 mph be installed on Leland St. at the site which the traffic engineer designated and that the cost of the hump, the signage, appropriate painting and any other materials needed should not exceed $5,000. Nancy seconded the motion. Greg, Peter, Nancy and Chris voted for the motion; Tim voted against the motion. The motion passed. It was suggested that the Council send a letter to Section 5 residents notifying them that a speed hump will be installed on Leland St.. The manager will write this letter to the residents.

3. Agenda Item: Discussion of Charitable Contribution Alternatives

   In June Greg had sent to the Council four options concerning charitable giving which Council could consider if it decided to revise its charitable giving policy. These four options were discussed. There was some question about the Council's legal authority to give money accrued by Section 5 to charitable organizations. There was some discussion about the process of allocating contributions. Some residents have expressed their disapproval of the Council giving to charitable organizations, preferring to contribute themselves.

   Greg suggested that the vote on the resolution be delayed until the historical recipients of the awards could be in attendance to discuss the issue. This request was not adopted because these recipients had already expressed their views at a prior meeting of the Council.

   Action:
   Peter introduced the following resolution:
   Whereas:

   1. Requests for contributions and/or grants from Section 5 tend to exceed the annual amount budgeted;
   2. The number of organizations requesting donations or grants continues to grow each year;
   3. The amount of money requested by each charity tends to exceed its expected contribution;
   4. Section 5 contributes more money per household to charitable organizations than neighboring communities;
   5. Recipients of donations from Section 5 already solicit directly from our residents, or have the ability to directly solicit them for contributions;
   6. There is no objective way to allocate contributions among requesting organizations, since decisions to grant funds are subjective in nature;
   7. Section 5's current policy does not establish adequate criteria for denying requests for contributions;
   8. Section 5 does not have the capacity to audit the use of funds donated or granted; and
   9. Residents of Section 5 do not get the benefit of a personal tax deduction when the Council makes contributions on their behalf;
   Therefore, be it resolved that:
   1. The Section 5 Council no longer make regular annual charitable donations and grants on behalf of its residents;
   2. That the contributions policy approved by the Council on November 10, 2009, be rescinded.
   Nancy seconded the motion. There was some discussion. Peter, Nancy and Tim voted for the resolution; Greg and Chris voted against the motion. The motion passed.
4. Agenda Item: Report - Pepco's Tree Pruning Project

   The manager said that Pepco has sent Section 5 a copy of a letter which Pepco has sent to the Maryland Public Service Commission stating that it would like to complete its tree pruning project in Section 5 now. In response to this letter the manager wrote a letter to Pepco and sent a copy to the Public Service Commission. In this letter she said that Section 5 would like to have Pepco conduct its pruning of Section5 trees every two years instead of every four. If Pepco performs a four year tree pruning, it will remove too many of the trees' limbs and this removal will hasten the deaths of the trees. Also, the manager said that she has already granted permission for Pepco to remove the trees both private and public which Pepco has designated as threats to the electric wires. Pepco has not as yet removed these designated trees. Also, Pepco has not responded to this letter.

5. Agenda Item: Treasurer's Report

   Tim said that the expenses thus far in FY 2011-12 have exceeded the revenues; however, Section 5 does not traditionally receive a substantial State income tax payment until November. There is sufficient money in the checking account to cover the expenses until the November payment.

6. Agenda Item: Building Inspector's Report

   Permits granted:
   3718 Williams Ln. - 2 story rear addition, garage, deck and fence
   2 Alden Ln. - rear deck
   3816 Williams Ln. - fence rear yard
   3807 Underwood St. - fence rear yard

7. Agenda Item: Manager's Report

   A resident on Thornapple St. has applied to the County for permission to have an accessory apartment in his residence.

   Action:
   The Council asked the manager to contact an attorney about the effect which the presence of accessory apartments may have on the character of Section 5 and report back to the Council.

   Some residents have contacted the manager about purchasing the large blue recycle bins for paper which the County uses. She contacted someone at the trash company and he said that it would cost $337.50 per month and $4,050.00 per year to collect the material from these large bins. The Council will consider the possibility of the additional expense of using these large bins.

   The manager asked the Council if it would like to oppose the closing of the US Post Office at 5906 Connecticut Ave. It was suggested that Section 5 join the other municipalities and citizens' associations who are opposing this closing.

   The manager said that she purchased thank you gifts for the Lynches for using their house for the July 4th celebration and the Kellys for using their electrical outlets and water for the water slide for July 4th.

   A resident on Glendale Rd. has asked the Council to pay for extra liriope plants to be installed in the public strip in front of his house. The Council decided not to pay for any additional plants for the public strips for this resident or any other resident. Also, in the past the Council has paid to have someone weed the area around the liriope plants in the public strips; the Council has decided not to pay for this service in the future.

   The manager suggested that someone from the County's Park and Planning staff come to the October Council meeting and give an update concerning the Chevy Chase Land Company's plans for development at Chevy Chase Lake. The Council asked the manager to invite a staff person.

   In 1994 Section 5 was granted an exemption from the State's requirement that it have an ethics law. In the last State legislative session the legislature passed a new ethics law and this new law requires that municipalities in the State have an ethics law that is as strict as the State's law and the municipalities must have this new law in effect by October 1, 2011. The manager wrote a letter to Bob Hahn, the Chairman of the State's Ethics Commission, and asked if Section 5 could be granted an exemption from this new law. In this letter she listed the characteristics of Section 5 on which the 1994 exemption was granted and said these same characteristics exist today. The new General Counsel, Jennifer K. Allgair, has written Section 5 to say that the Commission has received the request for an exemption. The manager will stay in contact with the Commission until an exemption is granted or she is told that Section 5 must have a new ethics law.

   The manager will contact someone at Pepco and ask for an update concerning equipment replacements in Section 5 and report to the Council.

   Several residents have basketball goals in the public strip in front of their houses. The Council has received a letter from legal counsel stating that this encourages children to play in the street when they use the basketball goal. This could present some liability for Section 5. The Council asked the manager to write a letter to each of the residents who have basketball goals in the public strip in front of their houses reminding them that streets were constructed and are maintained for vehicular transportation and were not designed to provide a safe place for children to play.

   Peter adjourned the meeting. The next Council meeting will be Tuesday, October 11, 2011, at 7:30 PM, at the Village Hall, 5906 Connecticut Ave. Everyone is welcome. There is handicapped access to the Village Hall.