SECTION 5 OF THE VILLAGE OF CHEVY CHASE

MINUTES OF THE COUNCIL MEETING


Date: February 8, 2005

Time: 7:30pm

Place: 5906 Connecticut Avenue, Chevy Chase Village Hall

Present: Frances L. Higgins; Farooq Hussain; Nancy Pines; Ira Rosenbaum; Stuart Rudikoff; Andrew Smith; three Section 5 residents


  1. Minutes

Stuart moved that the January 11, 2005, Council meeting minutes be approved as revised by email; Ira seconded the motion and it passed unanimously.


  1. Greetings

Stuart welcomed everyone.

Old Business

A resident expressed his concern that all government actions should be made public. The last Council minutes that have been posted on the town’s web site are the May minutes. This resident would like to have all the minutes posted on the web site as soon as they are approved by the Council. He also would like to have the town’s web site address listed on the agenda flyer.

New Business

3. Fence Issues

A resident on Thornapple Street has erected a fence without a permit which exceeds the height restrictions and has the unfinished side facing the abutting neighbor. He and his wife have applied for a permit for this fence. The resident asked if the portion of the fence which was erected before they owned the property would need to be brought into code. Stuart said that preexisting fences do not need to be brought into code. There was some discussion about the revised fence regulation which states that fences must be finished on both sides. Another resident said he read in the December minutes that a Section 5 resident has asked for a variance for her proposed fence and he would like this resident’s name. Stuart said that he could not give her name for privacy reasons. The resident asked Stuart if he (Stuart) would contact this resident and ask if she would give permission for him to contact her. Stuart said that he would do this.

Stuart moved that a variance be granted for the 6 inch excessive height of the fence on Thornapple Street which has been erected without a permit; there was a second and the motion passed unanimously. Stuart told the resident to reapply for a fence permit and include with the application a description of the steps which he will take to make the fence finished on both sides.

Stuart provided a record of the revenues and expenditures for the month of January. He noted that the January income tax payment was significantly larger than last year’s January payment. He suggested that if the remaining payments followed this course, the Section would likely incur a considerable surplus this year.

Stuart said that Section 5 has issued a permit to the builder of the new house at 3701 Underwood St. to build a fence and retaining wall on the property line on the west side of the property. An abutting neighbor did not want the fence and wall built on the property line and challenged the Montgomery County permit which was issued for the fence and wall to be built on the property line because he believed that the County had made an error on its permit. When someone in the County’s permitting office checked the builder’s paper work, it discovered that it had made an error; therefore, the County issued another permit which states that the builder must build the fence and wall on the 3701 Underwood Street property and not the property line. The abutting neighbor has asked the Section to reissue the permit for the wall and fence to be built on the 3701 Underwood street property. The builder, Block Builders, faxed a letter to the Council stating that he has no objections to the permit being reissued. The Council asked the manager to reissue a permit for the retaining wall and fence at 3701 Underwood Street.


  1. Treasurer’s Report

Nancy did not have any new financial information

  1. Proposed Noise Ordinance

A Section 5 resident attended the January Council meeting and asked the Council to consider passing a noise ordinance which would be more restrictive than the County’s regarding construction hours as well the noise levels. There was some discussion. Ira suggested that the Council review noise ordinances from the abutting towns. Stuart asked the manager to obtain copies of the Village and Martin Additions’ noise ordinances and provide the Council members with copies. After reviewing these ordinances the Council will compose a survey asking residents for their opinions concerning a more restrictive noise ordinance.

  1. Building Inspector’s Report

Permits granted: 3701 Underwood Street – side retaining wall and fence

3704 Thornapple Street – 2 story addition in rear

  1. Manger’s Report

A resident on Woodbine Street has asked the manager to place a public trash can on the public strip on the northwest corner of Woodbine Street and Brookville Road. There was some discussion. The Council decided not to take any action on this request at this time. Oliver Entertainment has offered a 15% discount for the ponies and games for July 4th; the manager will make a deposit now to secure this discount. The town has been awarded the Plant Community Award. The State of Maryland has set up a web site which will allow Section 5 to bid for the best interest rate for certificates of deposit from Maryland banks. This will allow the town to invest its money at a better interest rate than is advertised currently by banks. The Council gave the manager permission to go on line and bid for the best interest rate. Nancy will not run for reelection this April. Ira has not decided whether he will run or not. Andrew declared that he will stand for reelection.

Stuart moved that the meeting adjourn.

The next meeting will be March 8, 2005, at Chevy Chase Village Hall, 5906 Connecticut Avenue, at 7:30pm.