Town Council Meeting Minutes December 1999

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13 December 1999 | Approved: 10 January 2000

Mayor John Compton called the meeting to order at 7:45 p.m. In attendance were Councilors Paris Pacchione, Nick Suzich, Dodie Tippens, Carol Uhlendorf and Allen Winter. Town residents present: Charlie Challstrom, Amy Gussack, John McClelland, and Kermit Moyer. Washington Grove Hills residents present: John Tomlin and Mike Voigt. Also present were Kevin McLaren of U.S. Lawns, Atlantis Associates attorney Harry Stone, and Bob Ellis and Jack Kontgias, representing contract purchasers of the WSSC parcel.

Approval of Minutes

Carol Uhlendorf moved, Nick Suzich seconded, that the Town Council minutes of November 8, 1999 be approved. Vote: 5-0.

Treasurer’s Report

Dodie Tippens moved, Carol Uhlendorf seconded, that the Treasurer be authorized to transfer funds, if necessary, to pay bills in December. Vote: 5-0.

Pursuant to Section 10-508(a)8, State Government Article, Annotated Code of Maryland, in the McCathran Hall Council Room at 7:52 p.m., the Town Council voted to meet in closed session to consult with staff about pending litigation. The closed session ended at 7:59 p.m. The regular meeting was reopened at 8:00 p.m.

Mayor’s Announcements

Mayor Compton announced the following:

• Commended Doris Gordon, Alice Negin, Recreation Committee members, and all those responsible for holiday festivities and decorating
• Congratulated Tagg Hutchinson on reaching the rank of Eagle Scout and thanked Jim Fletcher for making a sign to designate the Town Nature Trail, Tagg’s Eagle Scout project
• Granted a permit to McConnell family to reside in their motor home while their house is being completed
• Business license for the Prime Choice Caterers will not be renewed for the calendar year beginning January 1, 2000. Town Attorney Bill Roberts has once again advised the catering business to cease operations no later than the close of this calendar year
• Requested police enforcement of "no through trucks over ¾-ton" on Washington Grove Lane. Discussed sending notices to violators with maps showing alternate routes

Washington Grove Hills Annexation

A Town Council work session was scheduled for Monday, January 3, at 7:30 p.m. in the McCathran Hall Council Room.

WSSC Property on Ridge Road: Rezoning Request

The Planning Commission has recommended that the WSSC parcel be rezoned from RR-3 (20,000 sq. ft. minimum lot size) to RR-1 (11,250 sq. ft. minimum lot size) permitting construction of five houses rather than three. The contract purchasers have presented a development plan showing five homes with four different elevations, all with porches, and at least 15% of the property dedicated to public use for forest conservation. The Commission had requested these features as conditions for rezoning. Town Attorney Bill Roberts reported that conditions couldn’t be imposed on a rezoning. Roberts suggested that the Town propose a text amendment creating an optional development plan in the RR-3 zone that would be subject to conditions not imposed on standard development in RR-3. At the Mayor’s direction, Mr. Roberts will draft a text amendment for Planning Commission review. The Planning Commission will compile materials for a local map amendment for their January meeting.

Public Appearances

Kevin McLaren of U.S. Lawns, the Town’s leaf contractor, gave several reasons for their delayed pickup this year including an early and complete leaf drop and only one CDL driver. Mr. McLaren said that the company plans to purchase smaller, more efficient equipment for next year. Last year, 40 large loads were removed from Town.

John McClelland, Town resident, Planning Commission member and commercial corner tenant, requested that the Council consider a trade-off. Would they allow Prime Choice Caterers to continue to operate in exchange for the property owner giving Washington Grove Center a facelift? Allen Winter said that the Planning Commission had determined that the catering business was not an appropriate use at the commercial corner. He also said that the property owner had long promised an improved façade and no significant changes have been made. Paris Pacchione noted that Town officials had worked hard to eliminate all food uses at the corner and to move toward professional office uses. Nick Suzich expressed concern about vacancy in the retail space and the impact it might have on neighborhood safety. He also expressed concern about the expense of potential litigation. Mayor Compton said that the Town Attorney has reported that the expense of litigation would be minimal and unless the Council would like to reconsider, the Mayor saw no reason to broker an exchange at this time.

New Uses Proposed for Retail Space at Town’s Commercial Corner

Allen Winter summarized the Planning Commission response to Atlantis Associates, which has been reviewed by the Town Attorney. Each use proposed by Atlantis was placed in one of four categories:

• P Currently permitted or "likely acceptable"
• SE Currently permitted by special exception or "likely permitted with certain conditions"
• TA Not permitted and requires further study to determine if the Commission will propose a text amendment, and
• D Not permitted and the Commission would not support permitting this use.
• The response to Atlantis stated that this is the opinion of the Planning Commission and not a legally enforceable document with regard to specific uses. The Council endorsed sending this response to Atlantis. Allen Winter said that the Commission would consider a text amendment at their January meeting that would add some services to the list of possible uses at the commercial corner.

Other Business

Mayor Compton reported that a tank at the home of Gary and Doris Gordon had leaked approximately 60-80 gallons of fuel oil into a culvert near Maple Avenue. State environmental officials and a private contractor were called immediately to take remedial action.

Paris Pacchione reported that Vicki Erhart has volunteered to monitor street lights and report those that are not working to the Clerk who will fax the information directly to Pepco.

The meeting was adjourned at 11:24 p.m.