General Membership Meeting

KMCA meeting 1/8/08, 7:00 pm

(1) Committee Report:

Treasurer Marilyn Lawlor reported a bank balance of about $1576.

(2) Water Main Replacement

Jeff Ziegenfuss, with the Wilson T. Ballard Company, which contracts with the Washington Suburban Sanitary Commission (WSSC), discussed the water main replacement project and answered residents’ questions. WSSC will begin a water main replacement project in Kemp Mill Estates in April or May. The project will be completed in the Fall. One mile of water mains and 94 house service connections will be replaced. The project is needed because there are problems with leaky water mains, some of which are 50 years old. The work will be done during business hours. There may be brief water shutdowns, but residents will be notified in advance. The roads will remain passable, and access to all homes will be maintained. No access will be required on private property or driveways and traffic will be controlled to minimize disruptions. Signage will be placed at time of construction. The water will remain safe to drink, although there may be some discoloration.

(3) Contruction of sidewalk on Hermleigh

President Gabriel Kengni explained that a request had been made by the previous KMCA president to the County to install a sidewalk on Hermleigh Road between Auth Lane and Kemp Mill Road following a request by a Kemp Mill resident. Thereafter many residents from Hermleigh expressed concern about the installation of a sidewalk. The current KMCA Board decided to put the issue on the agenda of the KMCA meeting for discussion, and invited a representative from Montgomery County’s sidewalk program to explain the process by which the County places sidewalks in existing neighborhoods.

Richard Earp, Program Manager for the Annual Sidewalk Program within the Montgomery County Dept. of Public Works and Transportation, then gave his presentation. The Annual Sidewalk Program focuses on the installation of sidewalks in preexisting neighborhoods. It constructs 8-10 miles of sidewalks per year, and has an annual budget of $41.3 million. The program receives many requests, and his job is to establish that there is a public need for a sidewalk in a particular location. He does this by looking at what pedestrian destinations are nearby. Priority is given to places where children walk to school, as well as to other places where people are walking, such as near shopping centers. He also considers whether there is support from a local community association; if the association supports a sidewalk, then it becomes a priority. The process for consideration begins with a request for investigation. The program must determine whether a sidewalk is constructable, and what the impact on adjacent property owners will be. The program sends letters to adjacent property owners informing them of the potential for a sidewalk.
Once it is determined that a sidewalk is constructable, the Department holds a formal hearing. Anyone may present testimony to the hearing examiner, who makes a recommendation to the County Executive. If construction is authorized, letters are sent out to homeowners advising them and notifying them of a construction date.
The investigation of a possible sidewalk on Hermleigh has led to a lot of concern expressed to the program by Hermleigh residents adjacent to the requested sidewalk.
The program determined that there are 17 feet of public right of way available on Hermleigh. Substantial tree removal would be required. In his opinion, without the support of the KMCA construction of the sidewalk would not rate as a priority for a public hearing.

Following his presentation, Mr. Earp took questions from the audience. He made the following points in response to questions:
(1) whether to construct the sidewalk is a community decision, based on what is best for the community, and those not living on Hermleigh also get to express their views.
(2) No special assessment will be required.
(3) There would be substantial impacts to trees. (4) The prior letter from the KMCA president to the Depart ment can be rescinded.
(5) The county provides replacement trees for homeowners, although not the same size as those removed, and tries to work with homeowners to relocate shrubs.

Following Q&A, a motion was made to rescind the prior KMCA letter to county in support of the sidewalks. The motion was seconded. It was recommended that a straw poll be taken to see if the majority of voting members supported rescission. It was noted that the former president was acting within his power when he sent the initial letter supporting the sidewalk. In response it was stated that the prior KMCA board was not consulted, as required by KMCA bylaws. A motion was made to close debate, and passed by a 2/3rd majority. The motion to rescind the prior letter passed by a show of hands. Rescission means that the County will no longer pursue the project.

A motion was made and seconded to discuss the issue for 15 minutes without calling for a vote on the issue. The motion passed. Many members offered comments, which are summarized as follows: It was noted that separating people from traffic will improve safety. The person who made the initial request noted that she had done so after witnessing a near-fatality of a pedestrian. It was noted that those who want a sidewalk can take routes other than Hermleigh to get to their destination. Some non-Hermleigh residents stated that if the sidewalk was there they would use it. The view was expressed that the sidewalk should be installed because the community should protect children. The counter view was expressed that parents should teach their children to walk safely. The concern was expressed that people would continue to walk in the street even if a sidewalk was installed. Some expressed the concern that the character of Hermleigh would be harmed by a sidewalk, and that adding two blocks of sidewalk will not provide much additional safety. Some argued that alternatives to protect pedestrians should be considered.

A motion was made that KMCA should not support a request to the County to construct a sidewalk on Hermleigh Road between Kemp Mill Road and Auth Lane. The motion was seconded. Following a motion to close the question, which carried, the original motion carried by a vote of 33-11.

A Hermleigh resident volunteered to form committee to discuss traffic problems on Hermleigh and come up with solution that is reasonable.

(4) New Business

A concern was raised about the lack of a stop sign on Hyde Street, about speeding on Kenbrook Drive, and about illegal parking on Bybee Street. KMCA Director Michael Auslin noted that there is both a public safety and a transportation committee and that county representatives would be invited to discuss these issues at a future meeting. The Executive Committee can take action if citizens want. People should email KMCA with concerns.
A key function of the KMCA is to send letters to County officials noting concerns. These letters should be sent after full and open discussion with KMCA members. The KMCA is a key intermediary between homeowners and county.

After a motion to adjourn duly made and seconded, the meeting adjourned at 9:25pm.