a TOWN OF dns: a * SOMERSET 2 4510 Cumberland Avenue Chevy Chase, MD 20815 (301) 657-3211 NO Fax (301) 657-2773 1906 clererowmohomernsticon V3 JefIrey Z. Slavin Rich Chamovich Mayor Town Mage/Clel-Thesure, January 7, 2013 Council Minutes Council Members and Mayor Mayor Jeffrey Slavin Council Vice President Marnie Shaul Council Member Barbara Condos Council Member Franny Peale Council Member Cathy Pickar Council Member Barbara Zeughauser Town Staff and Consultants Larry Plummer, Town Inspector Dr. Tolbert Feather, Town Arborist Rich Charnovich, Town Manager Town Residents and Contractors Signed In Sue Rosenthal, Surrey Pouneh Razavi, Warwick Bobby Bagheri, Warwick Alison Fortier, Falstone Guido Bracciale, Deal Doug Proctor, Cumberland Patty Friedman, Grantham Diane Horn, Surrey Press A Montyomery Cou(v, Marvland Mmmicinalilv Mayor Slavin called for a moment of silence for the victims of the devastating school shooting in Newtown, Connecticut on December 14, 2012. Public Comment Period Council Member Pickar took the opportunity during the public comment period to explain where things were at to date concerning the rate case currently before the Public Service Commission. Meeting Minutes Motion Vice President Shaul, second Council Member Zeughauser to approve the December 3, 2012 Council Meeting Minutes and December 20, 2012 Special Meeting Minutes. Motion passed 5-0. Financial Report Town Manager Charnovich provided his report to the Council. It was determined that the Town would invite George Freyman ofthe State Comptroller's Office to a lunch time meeting on February 4, 2013 at the Town Hall for an informational session. Discussion took place as to when Falstone Avenue would be overlaid now that the storm water project is complete. 4710 Falstone Avenue Mayor Slavin asked Inspector Plummer to provide his report. Vice President Shaul asked where specifically the driveway would be going and what the specific parking plan would be during construction. She also stated that she was happy to see the Town now getting a copy ofthe rodent control letter. Council Member Pickar asked a question in relation to the placement oft their generator and proposed mitigation. Council Member Peale asked a question in relation how the storm water management for this project might affect the work that was. just done on Falstone Avenue. She also asked that the contractor pay close attention to kids that might be walking to school. Mayor Slavin asked Dr. Feather to provide his report to the Council. Dr. Feather stated that he would be requesting 1 canopy tree and 2 ornamental trees to be planted on the property. The applicants, Bobby Bagheri and Pouneh Razavi introduced themselves to the Council and thanked them for the opportunity to hear their application. Alison Fortier, Falstone, stated that she had concerns about the generator noise and parking oftrucks on Falstone during construction. Motion Council Member Zeughauser, second Council Member Pickar to approve the demolition permit, building permit, curb cut to remain where it is, generator must meet Town noise level requirements, tree removal, and tree reforestation plan to include 1 canopy tree and 2 ornamental trees. Motion passed 5-0. Washington Gas Project Washington Gas requested to be removed from the Agenda until a further date for this project. Status Updates on Projects at 5529 Uppingham Street, 5510 Trent Street and 5513 Uppingham Street Inspector Plummer provided his report to the Council on the status of these 3 projects. 5800 Deal Place Tree Appeal Applicant, Guido Bracciale, requested that the Town Council consider changing its decision on a previously approved canopy tree to be planted on his property. His request was to replace the canopy tree with an ornamental tree. Motion Council Member Zeughauser, second Vice President Shaul, to deny the appeal request. Motion passed 4-1 with Council Member Peale voting against. 5509 Uppingham Tree Removal on Town Parkland Mayor Slavin asked Dr. Feather to provide his report, and he recommended removal of the tree as it is rotted at the base. Motion Council Member Zeughauser, second Council Member Pickar. Motion passed 4-0-1 with Vice President Shaul abstaining. 4807 Dorset Avenue Tree Removals Mayor Slavin asked Dr. Feather to provide his report. Pepco is removing 8 of the trees and the property owner has requested to remove the other 2 trees. Motion Vice President Shaul, second Council Member Zeughauser to approve the tree removals and to require a reforestation plan that includes 1 canopy tree and 7 ornamental trees on the property Motion passed 5-0. Stewardship Plan Somerset Parkland Council Member Zeughauser introduced this idea and asked Patty Friedman, Chair of the PNRC to explain the process for this. Patty stated that it would be a plan that could be used by the Town that covers all of Somerset owned parkland. The document would be used by the Town to help protect the parkland in the future. Sue Rosenthal, Surrey, asked what the definition of Town Parkland was. Alison Fortier, Falstone, asked if maybe the possibility could exist to ban bamboo. Motion Council Member Zeughauser, second Council Member Pickar to hire Brian Knox, an independent consultant, to develop such a plan at a cost not to exceed $2000.00 as per the recommendation oft the PNRC. Motion passed 5-0. Zoning Text Amendment Regarding Accessory Apartments Vice President Shaul explained the latest with this zoning text amendment and what the Council had done previously. It was determined that the Council requested the Mayor to send a general letter to the Montgomery County Council stating that while Somerset understands the need for affordable housing, we are concerned about the reduction oft the ability of neighboring citizens to have input in the decision making process. Additional concerns include parking, enrollment in school and the increase in municipal services that would need to be provided. Motion Vice President Shaul, second Council Member Pickar to send the letter. Motion passed 5-0. Town Hall Discussion Balodemas Architects Vice President Shaul stated that she circulated an email with a list ofthings that Balodemas Architects could provide the Town with for improvements to the Town Hall. It was determined that it would be added to include recommendations for storage and selection of furniture. The point person selected for the project would be Council Member Peale, and Council Member Zeughauser would be the alternate. Motion Vice President Shaul, second Council Member Pickar to enter into a contract with Balodemas Architects at a cost not to exceed $5000.00 for the purpose of completing a site survey and selection of materials to be used to complete improvements at the Town Hall. Motion passed 5-0. ADA Equipment at the Pool Town Manager Charnovich requested that discussion and action on this be deferred to February, and the Council/Mayor were in agreement. Recycling Bins Town Manager Charnovich recommended that the Council approve the lowest bidder, Toter, for the purchase of 100, 64-gallon blue recycling bins. Motion Council Member Pickar, second Council Member Condos. Motion passed 3-2, with Vice President Shaul and Council Member Zeughauser voting against. HEAL Cities Program Mayor Slavin explained the program to the Council and also asked Diane Horn, Surrey, to explain any further details. Mayor Slavin and Diane Horn have been doing the initial work on the Program. Motion Council Member Pickar, second Council Member Zeughauser to adopt a Resolution approving the Town of Somerset's participation in the HEAL Cities Program. Motion passed 5-0. Pool Committee Chair Motion Council Member Pickar, second Vice President Shaul to re-nominate Debbie Heller as Chair ofthe Pool Committee for 2013. Motion passed 5-0. Changing September 2013 Meeting Date Motion Council Member Zeughauser, second Council Member Pickar to set the September, 2013 Council Meeting date for September 3, 2013 due to the Labor Day Holiday. Motion passed 5-0. Mayors Against Illegal Guns Mayor Slavin explained to the Council his involvement in this National Coalition. North Park Apartments Work Town Manager Charnovich explained to the Mayor and Council about the notification provided to the Town by North Park Apartments. Mr. Charnovich stated that safety measures would be put in place such as signage at either end ofthe path as well as some type of tarp that would prevent debris from hitting any pedestrian. Mayors Report Mayor Slavin stated that his report was in the back of the room if anyone wanted to view it. He stated that he would be attending the MML Legislation session on January 23 in Annapolis. Meeting Adjourned at 10:04 pm