January

SECTION 5 OF THE VILLAGE OF CHEVY CHASE

COUNCIL MEETING MINUTES

Date: January 10, 2023

Place: Village Hall, 5906 Connecticut Avenue

Time: 7:30 PM

Present: Pat Xeller, Josh Galper, Maryann Luongo, Ashley Kavanaugh, Captain Jason Cokinos, Town Attorney Ron Bolt, and one resident. (Greg Chernack joined by phone.)

Chairman Greg Chernack called the meeting to order and welcomed those in attendance.

Chairman Chernack moved that the minutes from the December meeting be approved; there was a second, and the motion passed.

There were no resident questions.

Section 5 Attorney, Ron Bolt, joined the meeting to discuss an ordinance and right-of-way agreement (listed in the next agenda item) that would update the small cell ordinance we adopted in 2019. The 2019 ordinance was in response to an FCC Order compelling jurisdictions to have “published” design standards in place before enforcement. The Council noted at that time that the ordinance would need to be revisited once national litigation was resolved and once we knew what regulations, if any, would be adopted by the State and County. Mr. Bolt presented an overview of the draft ordinance to the Council and residents present. The Town Manager noted that full copies of both the ordinance and right-of-way agreement are listed on the Section 5 website at www.chevychasesection5.org and were included on the agenda mailed to all Section residents. Following a brief discussion, Chair Chernack formally introduced Ordinance No. 1-23-1, a non-emergency ordinance to regulate small wireless telecommunications facilities in the rights-of-way that will be voted on at the February meeting.

See notes under previous agenda item.

Section 5 Attorney, Ron Bolt, gave a presentation on a possible resolution concerning rules and regulations related to public information act requests, and the processing of records requests under the Maryland Public Information Act. The new resolution is in response to recent changes in Maryland State law. Section 5’s current rules do not include provisions recently added to the model rules by the Attorney General regarding the new MPIA Ombudsman and the disclosure of electronic records. The Town Manager noted that both the resolution and list of rules and regulations are posted on the Section 5 website at www.chevychasesection5.org and were included on the agenda mailed to all Section residents. Following a brief discussion, Council Chair Chernack moved that Resolution No. 1-23-2 be approved; there was a second, and the resolution passed by unanimous vote.

The Town Manager presented an overview of the Section’s current financial status, and entertained questions from the Council.

-The Manager has received a request to remove a Town tree (a tree located within the public right-of-way) from a resident on Underwood Street. The Council asked for the Manager to gather additional information from the Town arborist before a decision is made.

-The Manager provided an update to the tree removal dispute on Thornapple Street. No final resolution has been determined yet.

-The Manager said that at this time there is no new information regarding the Leland Street traffic survey.

-The Manager along with other area municipal managers is a attending a meeting with Montgomery County Department of Transportation this week. The purpose of this meeting is to discuss the District of Columbia’s decision to remove the reversible lanes on Connecticut Avenue in D.C. and add a bike lane.

-The Manager provided a brief update on the Corso Chevy Chase (4-H) Redevelopment.

-Finally, the Council discussed the possibility of the Section purchasing a parcel of land on Windsor Place to be used as a green space. The Manager will reach out to the owner’s realtor to find out more.

Chairman Chernack adjourned the meeting. The next meeting will be held February 15, 2023, at 7:30 PM at the Village Hall, 5906 Connecticut Avenue. The Village Hall has handicapped access. Everyone is welcome.