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You are here: Home / Governance / Minutes / 2013 / October


Date: October 8, 2013

Place: Village Hall, 5906 Connecticut Ave.

Time: 7:30 PM

Present: Peter Gray, Tim Hanlon, Frances L. Higgins, Nancy Pines, Chris Richardson, Greg White, Daniel Schriver, surveyor T. Morton Engineering, Inc., 9 Section 5 residents

  1. Agenda Item: Minutes

    Greg moved that the September 10, 2013, Council minutes be approved as presented; Chris seconded the motion. The motion passed unanimously.

  2. Agenda Item: Citizen Concerns

    A Williams Lane resident said that many trucks use Williams Lane to go from Connecticut Ave. to Brookville Rd. and from Brookville Rd. to Connecticut Ave. One day she stopped a truck driver and asked why he would use Williams Ln. as a means to get from Brookville Rd. to Connecticut Ave. when the street is so narrow. The driver said that his GPS device listed Williams Ln. as the shortest route to go from Brookville Rd. to Connecticut Ave. She suggested that the Council pass an ordinance precluding through trucks on Williams Ln. It was suggested that the same ordinance include the other main Section 5 streets. It was stated that if all the streets are off limits to cut through trucks, the ordinance may lose its effectiveness. There was some discussion about a remedy.

    The manager will draft an ordinance to preclude large trucks from using Williams Ln. as a means of through travel between Brookville Rd. and Connecticut Ave.

  3. Agenda Item: Discussion of and a Vote on the Proposed Amendment of the Driveway Ordinance

    A resident said that the Council should consider a long term solution to the present driveway ordinance. Peter said that the Council may consider drafting a new driveway ordinance; however, he said that the Council needs to address the present situation with the driveway at 3610 Thornapple St.

    The manager presented the cost per unit to install different pervious materials to driveways. There was some discussion concerning the definitions of the terms resurfacing, repairing and repaving. Chris said that he was not certain of the definitions for these three terms.

    Greg seconded an amendment offered by Peter and moved that the words: "More than 50% of" be inserted in the Sec. 9-200(a)3 of Section 5's Code of Ordinances. The new sentence will read: "Constructing or replacing (but not re-surfacing or repairing) more than 50% of an existing driveway, or apron or curb cut." This amendment would be similar to the existing ordinance for the replacement or repair of fences. The new words are highlighted and underlined. One example of the affect of this proposed amendment: Approximately 30% of an asphalt driveway is in disrepair and needs to be replaced. No permit is required, and the replacement material may be of asphalt. There was a second to the motion; Nancy, Greg, Tim, and Peter voted for the amendment. Chris voted against enacting the amendment. The amendment was adopted.

    Peter introduced the topic concerning a new resident on Williams Lane who has repaved her asphalt driveway without a permit. Greg advised that the new resident was not aware of the existing ordinance when completing the work. The manager recently wrote a letter to the resident stating the she that she should have applied to Section 5 for a permit for this construction. The letter included a copy of the building regulations regarding construction of driveways. There was some discussion about the resolution of this matter. There was also some discussion regarding the apparent overall lack of clarity in the definitions of the terms "resurfacing" and "replacing" in the existing ordinance which could leave residents (especially new residents) uncertain on whether a permit is necessary. Peter suggested that the resident attend the Nov. Council meeting and explain the situation. Greg said that he would call her and give her the message.

    The manager suggested that the Council review the definitions of the terms used in the building regulations regarding driveway construction at the Nov. Council meeting. The Council agreed and the manager will place such an item on the Nov. agenda.

  4. Agenda Item: Discussion of a Survey of Section 5's Boundaries.

    Daniel Schriver, a surveyor with A. Morton Thomas engineering firm, provided maps of Section 5's land area which included the streets in Section 5; however, he did not include public improvements. The cost for the entire project would be $47,000. Someone asked if he would consider performing this survey in steps rather than completing the entire survey at the same time. He said that his company could conduct this survey in discrete steps. He did not have the cost for each step. He said that once the entire project was complete, other surveyors could use his data in the future.

  5. Agenda Item: Treasurer's Report

    Tim presented copies of the 2014 budget which included expenditures and expenses. There were no items that exceeded the budget. The first large State income tax payment is due in November.

  6. Agenda Item: Building Inspector's Report

    3806 Leland St. - one story rear addition
    3607 Thornapple St. - replacement of asphalt driveway with cobblestones

  7. Agenda Item: Hazard Mitigation Plan 2013

    Montgomery County has created a Hazard Mitigation Plan that relates to municipalities. Michael Goldfarb, the County Acting Planning Manager, has sent Section 5 a memo stating that "local governments must have an approved and adopted hazard mitigation plan in order to maintain eligibility for pre- and post-disaster mitigation grant funding." This is important for Section 5 because we have been successful in obtaining Federal reimbursement for disaster expenses (hurricanes and snow) in the past.

    Mr. Goldfarb said that Section 5 need not develop its own plan because it may simply adopt the County Plan as its own. This will meet the FEMA requirements and insure our eligibility for relief in the event of a qualifying disaster. The County Plan including the Appendices is over 400 pages long. The manager recommends that the Section 5 Council adopt the Montgomery County Hazard Mitigation Plan 2013 as the plan for Section 5.

    Nancy moved that the County Hazard Mitigation Plan be adopted as Section 5's Hazard Mitigation Plan; Tim seconded the motion and it passed unanimously. The manager will send a copy of the resolution adopting the County's Plan as Section 5's to Mr. Michael Goldfarb.

  8. Agenda Item: Manager's Report

    The manager will check the driveway aprons on east Thornapple St. to determine if they are in need of repair. Also, she will contact WSSC about sharing the cost of resurfacing the section of east Thornapple St. that lies in Section 5.

    The manager has contacted the Village and set up a meeting room for each of Section 5's Council meetings. She has changed the date for the Annual Meeting to be held on the first Tuesday of May rather than the first Tuesday in April.

    A resident asked the manager to install an additional sign at the intersection of Underwood St. and Brookville Rd. on the south west corner. The manager has engaged a sign company to install the sign.

    The manager will send a copy of the Charter changes to the Gazette Newspaper Saturday Business Edition as prescribed by State law.

    The manager wrote a letter to Police Commander Falcinelli asking him to post the police patrols at the major intersections in Section 5 to monitor motorists stopping at the stop signs and those motorists exceeding the speed limit.

    The State has passed a law requiring municipalities to have one of their Council members or staff enroll in the Open Meetings Course on line. The manager took the online course and has received her certificate.

    The manger checked with the other Chevy Chase munies about their policies regarding contributions to charitable organizations. The B-CC Rescue Squad has approached the Town of Chevy Chase about donating money to purchase a new piece of equipment and may some time in the future ask Section 5 about a contribution.

    A State law requires Section 5's Council to review its policy concerning the investment of its reserve funds. The manager will remind the Council to review its policy every two years.

  9. Agenda Item: Adjournment

    Peter adjourned the meeting. The next meeting will be Tuesday, November 12, 2013, at 7:30 PM at the Village Hall, 5906 Connecticut Ave. The Village Hall has handicapped access. Everyone is welcome.