Skip to content. | Skip to navigation

Personal tools

You are here: Home / Governance / Minutes / 2018 / April


Date: April 10, 2018

Place: Village Hall, 5906 Connecticut Avenue

Time: 7:30 PM

Present: Chris Richardson, Scott Livingston, Nancy Pines, Pat Xeller, Ashley Kavanaugh, Joe Toomey, and one Section 5 resident

Agenda Item: Greetings and Introductions

Chairman Chris Richardson called the meeting to order and welcomed those in attendance.

Agenda Item: Review and Approval of March Council Meeting Minutes

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

Agenda Item: Resident Comments

A resident inquired about the streets affected by Washington Gas work. He asked whether Section 5 intended to repair and repave the streets in the near term. The Town Manager indicated that this would be part of the budget discussion, and that Joe Toomey, the Section 5 Building Permit Administrator, has prepared a report on proposed street work. The Council Chair asked Mr. Toomey to present his report. There was a discussion of the estimated costs for repaving certain streets, and timing considerations including future projects expected by WSSC.

Agenda Item: Discussion of Draft FY 2019 Budget

The Town Manager presented a draft FY 2019 budget to the Council and the resident present. After a detailed discussion of all the line items, income and expenditures, the draft was approved pending the changes discussed. The budget materials will be sent to residents for their review in advance of the Annual Meeting on May 1.

Agenda Item: Discussion of Possible Small Cell Tower Regulation

The Town Manager indicated many local municipalities are considering enacting ordinances to regulate the possibility of small cell towers being installed in public rights-of-way. Local governments, including Montgomery County, are grappling with how to enable telecom companies to install small 5G wireless antennas in neighborhoods while still maintaining control over local aesthetics.  Maryland is considering legislation that would preempt most local zoning laws for small cell poles up to 50 feet tall.  A State bill was introduced this spring, but the bill did not move forward before the legislative session ended. The proposed bill was opposed by the Maryland Municipal League (MML), as it would significantly limit local authority, including zoning, concerning small cell installations in public rights-of-way.  MML has recommended reasonable local ordinances be adopted, in part to perhaps convince the State that State legislation is not necessary.  The Council discussed the various options and it was decided to ask municipal attorney, Ron Bolt, to draft an ordinance regarding small cell regulation. The ordinance introduction will be included as an agenda item for the May 1 meeting.

Agenda Item: Vote on Records Retention Schedule

As previously discussed, the Section is required by the State of Maryland to file a records retention schedule. The Town Manager in consultation with Ron Bolt prepared a schedule for submittal to the State. The Town Manager presented the details of the schedule and asked the Council for their approval. Chairman Richardson moved that the schedule be approved as recommended; there was a second, and the motion passed.

Agenda Item: Manager’s Report

-One tree removal permit was issued for the month of March.

-One application for a construction dumpster was granted.

-We have one candidate for the open Council seat due to Chris Richardson’s decision not to run. Since we have two seats open and two candidates, there will not be an election at the annual meeting in May. Scott Livingston will be re-elected, and Maryann Luongo of Underwood Street will fill the other seat. Maryann is an attorney with Alston and Bird’s State & Local Tax Group. She focuses her practice on state and local tax planning and controversy, and addresses clients’ multistate tax issues, including state income tax apportionment, tax base, business/nonbusiness income determinations, telecommunications and sales/use tax nexus, sourcing and taxability issues.

-At the March meeting the Council discussed the variance that was granted for the property at 3708 Thornapple in June 2016. As part of the conditions of the variance, the decision was recorded on the property’s land record. At the applicants’ request it was noted that the decision shall be rescinded by the Village if Section 5 Code Section 9-110(d) is hereafter amended to allow the use of rain gardens in place of or in addition to permeable materials. Since the Section 5 Code was amended in December 2017, the Council asked the Town Manager to work with Ron Bolt to draw up the necessary paperwork. The Town Manager presented the revocation release, and the Council moved to allow for the removal of the decision from the applicants’ land records; there was a second, and the motion passed.

- The Town Manager asked the Council to officially approve a one-time transfer of $30,000 from the Section’s general checking account to the Section’s Capital Reserves Fund for FY 2018. The Council unanimously approved this transfer. The transfer was noted in the Section’s FY 2018 budget.


Chairman Richardson adjourned the meeting. The next meeting will be held May 1, 2018, at 7:30 PM at the Village Hall, 5906 Connecticut Avenue. The Village Hall has handicapped access. Everyone is welcome.