Summary Notes - Neighborhoods Committee - April 2008

Summary Notes
Silver Spring Citizens Advisory Board
Neighborhoods Committee
April 21, 2008 7:00 pm – Silver Spring Regional Services Center

Attending: Alan Bowser and Anita Morrison, co-chairs; Charlotte Coffield, Lyttonsville Civic Association; Chris Richardson, Park Hills Civic Association; Cynthia Lundy, Department of Housing and Community Affairs; Debbie Linn, Silver Spring Citizens Advisory Board; Elmoria Stewart, Lyttonsville Civic Association; Lt. Eric Burnett, MCPD; Eric Friedman, Director, Montgomery County Office of Consumer Protection; Gary Stith, Director, Silver Spring Regional Services Center; George French, Silver Spring Historical Society; Jeff Zitelman, Montgomery County Office of Consumer Protection; Kevin Martell, Department of Housing and Community Affairs; Luther Hinsley, Avery Park Apartments Tenants Association; Martha Waddy, New Hampshire Estates Civic Association; Mel Tull, Silver Spring Regional Services Center; Myriam Torrico, Montgomery County Department of Housing and Community Services; Robert Boone, President, Anacostia Watershed Society; and Wayne Goldstein, President, Montgomery County Civic Federation.

Report on April Silver Spring Citizens Advisory Board Meeting and March Neighborhoods Committee Meeting. Alan Bowser reviewed the Neighborhoods Committee’s March agenda and recalled it had approved a

• a letter to the Chair of the Planning Board regarding the situation in North Four Corners Local Park.
• a letter of support for the CSAFE Program.
• a letter to the Director, Department of Housing and Community Affairs, in support of the pedestrian bridge – including concepts for art work.
• a Resolution encouraging community support of the Long Branch Earth Day Creek Clean Up activity.
• a letter of support for the work of the Long Branch Advisory Committee and its recommendations to the Montgomery County Executive and County Council

He reported that, at its April meeting, the full Citizens Advisory Board was briefed on new Purple Line ridership numbers and alignment issues by MTA Project Manager, Mike Madden, and Park & Planning transportation staff coordinator, Tom Autrey. The Board also voted in support of the County Executive’s recommendation to rename the Citizens Advisory Board, the Regional Advisory Board. The Board approved all the letters and Resolutions recommended by the Neighborhoods Committee at its March meeting.

Pictures from the Long Branch Earth Day “Clean the Creek” program are at
http://www.flickr.com/photos/alanbowser/sets/72157604746542696/detail/

April Public Safety Update. Lt. Eric Burnett, 3rd District, MCPD, briefed the Committee on recent public safety developments in Silver Spring. He said that MCPD was giving new attention to drug and prostitution activity in the 13th Street area. He discussed ways to communicate with the MCPD and to obtain information about incidents in the Silver Spring District. Visit the website www.crimereports.com or check out the MCPD website www.montgomerycountymd.gov/police

The Committee asked questions about significant criminal activity in the Northwest Oakview Weed & Seed area, particularly in the Avery Park Apartment Complex. A Committee member asked for more information about the time frame for the reported statistics. A Committee member asked if there would be foot patrols in the area. Lt. Burnett said that there would be bike patrols, as the weather became warmer. Alan Bowser asked if MCPD could route its incoming and outgoing police cars through East Silver Spring neighborhoods so as to raise the police profile in those areas.

Report on the Weed & Seed Program. Martha Waddy, a member of the Weed and Seed Steering Committee, presented a report on recent developments related to the Northwest Park Oakview Weed & Seed program. Her summary of Weed & Seed area developments is attached to these minutes.

Report on the Anacostia Watershed. Robert Boone, President of the Anacostia Watershed Society, briefed the Committee on Montgomery County’s impact on the health of the Anacostia River.

The Anacostia Watershed Society (AWS) is a non-profit environmental organization dedicated to restoring and protecting the Anacostia River, (designated as one of the nation’s most polluted), for the health and enjoyment of everyone in its watershed, while in the process, bringing people from all walks of life together to achieve this mission. Incorporated in 1989, AWS was founded with a vision of this “forgotten river” attaining the status of swimmable and fishable. Through volunteer restoration activities, residents of the Anacostia watershed have been provided with an opportunity to get involved; they have invested their time in a cause, actively working for a positive change. AWS also provides advocacy and coalition building skills to emerging as well as established grass roots organizations within the Anacostia River communities. By assisting local groups, partnerships are formed and efforts to protect the local environment as well as focus decision makers are strengthened.

Since its inception in 1989, AWS has mobilized over 30,000 volunteers who have planted over 11,300 trees and stenciled 1,008 storm-drains within the watershed as well as removed 458 tons of debris and over 7,500 tires from the watershed. Furthermore, AWS has educated 14,535 people with its slide presentation which explains the river’s history and the current threats it faces, as well as the different lifestyle choices and changes citizens can undertake to improve the condition of the watershed. In addition to these education and restoration events, AWS has introduced 8,200 people, of which 4,500 were children, to the river through paddling clinics, canoe adventures and pontoon boat tours along the “Kingfisher Canoe Trail,” a scenic five-mile stretch of the Anacostia River. All AWS programs teach citizens that they are integral participants in the restoration and preservation of this urban river. AWS receives 48% of its funding from foundation grants, 20% from federal grants, 23% from cash contributions and 9% from miscellaneous contributions. The key to the Anacostia Watershed Society’s success is its large and growing network of citizen volunteers.

Many people associate the Anacostia River with the District of Columbia, but two thirds of the river and its streams is in Maryland. The Anacostia River begins in Montgomery and Prince George’s Counties, and flows over the border into DC at the point where New York Ave. crosses its waters. The Anacostia River has suffered from a long history of pollution and neglect. What is not clearly understood by many people are the causes of this condition. The pollution plaguing the Anacostia begins on the land, in our backyards and on the streets. In an urban area like the Washington metropolitan region, these impacts are magnified. In order for the restoration of the river to happen, the entire watershed area of the river must be addressed, and Maryland and DC must work together to achieve this vision.
The Anacostia River watershed is 176 square miles in area. It covers eastern Montgomery County, northern Prince George’s County, and from roughly Georgia Avenue eastward in the District. It is highly urbanized, supporting about 1,000,000 residents. Underground springs and seeps begin at the upper reaches of the river’s watershed in Maryland near Rt. 198, and flow downhill to form the streams which feed the main river. As they travel further downhill, they increase in size, and join together at various confluence points. The Northeast Branch and Northwest Branch are the two largest tributary streams of the river, and they join together in Bladensburg, MD, near to the Peace Cross intersection of Bladensburg Road, Annapolis Road and Baltimore Avenue. This confluence point is the beginning of the main stem of the Anacostia, and the river continues to flow southward into the District, until it meets the Potomac River at Hains Point. From there, its waters mix with the Potomac, and eventually flow into the Chesapeake Bay.
When the land in a watershed is more than 10 percent impervious (paved over), the water quality of its river will be impaired. The Anacostia River watershed is over 50 percent impervious in many areas. Parking lots, streets, and rooftops all contribute to the pollution in the river by preventing rainwater from soaking into the soil. Instead, this water is sent into storm sewer drainpipes in the streets which empty into the Anacostia. All of the trash and litter from the streets and parking lots is carried through these pipes, directly into the river. After a rainstorm, the Anacostia River looks like a landfill on a conveyor belt as all of the street litter is carried downstream from the pipe outlets.
Fertilizers, pesticides, motor oils, gasoline and tailpipe emissions from our cars, settling particles from airborne pollution sources, household cleaners; all of these toxic materials eventually end up in the river. Rainwater washes these residues off of the streets, parking lots, rooftops and lawns around the watershed, and deposits them in the river. These substances cause many pollution problems for the plants and animals living in the water, as well as for the people living near the water and those who come into contact with it. After a big rainstorm of a half inch of water or more, the older sanitary sewers in the city become overwhelmed with rainwater, and they overflow directly into the river, untreated. This is very unhealthy, since this raw sewage carries harmful bacteria and other pathogens.

For pictures and more information about the Anacostia Watershed Society, visit http://www.anacostiaws.org/index.html

Foreclosures and Abandoned Property in Silver Spring and Montgomery County. Myriam Torrico, Department of Housing and Community Affairs, briefed the Committee on issues regarding foreclosures and abandoned property in Silver Spring and Montgomery County. Eric Friedman, Director, Office of Consumer Protection, discussed the magnitude of foreclosures in Montgomery County and their relationship to the subprime mortgage problems. Kevin Martell discussed how neighbors should report on abandoned properties in their neighborhoods.

Ways to Stop Foreclosures. Home owners who are facing foreclosure often dread dealing with the facts that got them to that place. If they think back to when they first bought that home, losing the home was probably the furthest thing from their mind. Few home owners actually plan to go into foreclosure.

Reasons For Pending Foreclosure. Apart from those who knowingly participate in mortgage fraud -- with the intention of never making a single payment -- most homeowners face sudden extenuating circumstances that force them to stop making timely mortgage payments. Here are a few of those reasons: job loss / unexpected unemployment; sudden illness or medical emergency; death in the family; divorce / loss of second income; excessive debt obligations; job demotion or promotion denials; inability to pay an adjustable interest rate that increases; and unexpected major home maintenance expense.

Ways to Avoid Foreclosure. The best way to avoid foreclosure is to prevent the filing of a Notice of Default. Lenders do not want to foreclose but will file a Notice of Default to protect their interests, if necessary. If you know you are unlikely to meet your mortgage obligation, the first thing you should do is call your lender.

Don't put it off, be embarrassed or ignore letters from your lender because those responses will make the situation worse, not better. Depending on your particular situation and hardship circumstances, here are some options your lender might propose to you:

• Time to make up your payments. Lenders might agree to wait before taking legal action against you and let you work out a repayment plan that is affordable for you. This is called forbearance.
• Forgiving a payment. If you can agree on a way that you will be current after missing a payment or two (without the means to pay it back), the lender might give you a break and waive your obligation. This is called debt forgiveness, and it rarely happens.
• Spread out the missed payments over a longer term. For example, if your payment is, say, $1,200 a month, the lender might let you add $100 a month to each payment for a year until you are caught up. This is called a repayment plan.
• Changing the terms of your loan. If your mortgage is an adjustable loan, the lender might freeze the interest rate before it increases or change the interest rate to a more manageable rate for you. A lender might also extend the amortization period. This is called a note modification.
• Add the back payments to your loan balance. If you have sufficient equity and meet the lender's lending guidelines, the lender might increase your loan balance to include the back payments and re-amortize the loan. This is called a refinance.
• Make a separate loan to you. Certain government loans contain provisions that let borrowers who meet specific criteria apply for another loan, which will pay back the missed payments. This is called a partial claim.

Ways to Stop Foreclosure. When the lender files a Notice of Default, your options are limited. That is why it is better for you to call your lender before falling behind on your payments, because lenders are often reluctant to work out repayment schedules after foreclosure proceedings have been commenced. You will be given a certain time period to bring the payments current, pay the costs of filing the foreclosure and stop the foreclosure. This is called reinstatement of your loan. If you cannot make up the missed payments and the lender will not work with you, here are a few other options to stop foreclosure:

• Sell Your Home. Interview real estate agents to get an opinion of market value and average days on the market (DOM) to sell your home. You might be tempted to hire a discount broker, but many sellers feel they need the exposure and marketing that full-service brokers offer. Compare both to determine which best meets your needs and time frame.
• Consider a Short Sale. If your home is worth less than the amount you owe, you might be a candidate for a short sale. A short sale affects credit but it's not as bad as a foreclosure. You or your agent will need to negotiate with your lender to find out if the lender will cooperate on a short sale. This is called a pre-foreclosure redeemed.
• Sign a Deed-in-Lieu of Foreclosure This is called deeding the home back to the lender. The homeowner gives the lender a properly prepared and notarized deed, and the lender forgives the mortgage, effectively canceling the foreclosure action. Lenders tell me that deeds-in-lieu of foreclosure affect credit the same as a foreclosure.

The lender might also work an arrangement where a home owner can remain in the home until finding a place to move into. Owners in default should negotiate the right to retain occupancy, arguing that if the lender followed through on the foreclosure, an owner would still enjoy the right of possession during that procedure.

Source: http://homebuying.about.com/od/4closureshortsales/qt/011708_stopfore.htm?p=1

The Code Enforcement Process: What to do about code violations (including those related to nuisance and abandoned properties in Montgomery County.

An inspection is triggered by a complaint, referral, required inspection, or as part of an overall DHCA strategy in particular neighborhoods (target neighborhoods). If violations are observed, a violation notice is prepared and the owner has a stated period of time to correct the violations. After the stated time period has elapsed, the property will be reinspected. If the owner has made the required repairs, the case is closed. Inspectors can grant for good cause an extension of time to correct violations. If the owner is not responsive, the Inspector takes legal action by issuing civil citations to the owner. These citations carry fines of $100-$500 depending on the severity of the violation. In addition to the fine, the Inspector requests an Order from the Court requiring that the violations be corrected (an Abatement Order). If the owner fails to correct the problem within the timeframe set by the Judge, this Order allows the Department to enter the property, make the repairs and charge the owner. If the owner fails to pay for the repairs, the Department places a lien against the property and initiates legal actions to collect this lien.

Any dwelling, dwelling unit, or non-residential structure may be condemned as unfit for human habitation or unsafe for human occupancy if it:
• lacks electricity, water supply, sanitation facilities, adequate light, ventilation, or a heating system;
• is, entirely or in part, so damaged, decayed, dilapidated, unsanitary, unsafe, or vermin-infested that it creates a serious hazard to the health or safety of the occupants or the public.
• one which, because of its general condition, is entirely or in part, unsanitary or otherwise dangerous to the health or safety of the occupants or public;
• contains unsafe equipment, including any boiler, heating equipment, elevator, moving stairway, electrical wiring or device, flammable liquid containers or other equipment, on the premises or in the structure that presents a hazard to the life, health, property or safety of the occupants or the public;
• is vacant and unoccupied for the purpose for which it was built; has remained substantially in that condition for at least one year; and has been cited for five (5) or more violations of Chapter 26, none of which has resulted in a “not guilty” finding by a court; or
• is a public nuisance.

If any of these conditions are found, the Code Enforcement Staff notifies the owner of the condemned property and posts a Condemnation sign on the property. This sign must not be removed until the Code Enforcement Staff authorizes its removal.

The owner of the property must notify any occupants that they must vacate the property. The owner then must secure all windows and doors that are accessible from the ground or by the reasonably foreseeable use of a ladder, and must keep all doors and windows secure from unauthorized entry.

Repair or Removal of Condemned Structures.

When a property is condemned, the owner must repair or remove the condemned structure within the time period allowed by the Inspector. If the owner does not comply with the Inspector’s order, the structure will be demolished after giving the owner a 30-day written notice. The cost of the demolition will be charged to the property owner. If the owner fails to reimburse the County for the demolition cost, the County will collect it as taxes on real property. Any such charge is a lien on the property.

How to file a complaint.

Complaints may be called in to the Code Enforcement Section’s Intake Desk at 240-777-3785, or faxed to 240-777-3701.

When calling, you will be asked to provide the address of the property in question and a brief description of the alleged violation, i.e., junk car parked in the yard, porch deteriorated, etc. If you are a tenant please provide the apartment complex name, and, if known, the name of the owner and/or property manager or agent.

DHCA asks for your name and phone number so that an Inspector can keep you apprised as to the status of the case, contact you for additional information, or if you are a tenant, to schedule an inspection of your rental unit. If you request anonymity, your name will not be released.

The case will be assigned to an Inspector and an initial inspection will be conducted. If any violations are observed, a notice of violation is sent to the owner. In most cases, violations must be corrected within 30 days.

A reinspection will be conducted for all complaints. If any violations remain uncorrected, a second and final notice of violation is sent to the owner. This notice states that if the violations are not corrected, (typically within 15 days) civil citations will be issued.

DCHC will make every effort to work with property owners and occupants to correct violations of the Code, but when violations remain uncorrected after repeated warnings, civil citations will be issued.

When a civil citation is issued, the matter goes to District Court. A trial is held and if the owner is found guilty, the County will seek an Abatement Order from the Court allowing the County to abate the violation and charge the owner for the cost. In addition, if the owner fails to comply with the abatement order, he/she can be charged with contempt.

Historic Preservation Update. The Silver Spring Historical Society, Montgomery Preservation Inc., Montgomery County Historical Preservation Commission Staff, and the Silver Spring Regional Services Center are partners in creating the Silver Spring Heritage Trail along the Original Main Streets of Georgia Avenue and Colesville Road. The Heritage Trail/Walking Tour is a legal requirement, a legally required amenity, for the 1998 demolition of the 1927 Silver Spring National Guard Armory which stood on Wayne Avenue between Ga. Ave. and Fenton St. Of multi-colored brick, it was Gothic Revival in style, and designed by the State Architect Robert Harris.

Adjournment. The meeting was adjourned at 9:00 pm.

Next Meeting. The next meeting of the Neighborhoods Committee will be held on Monday, May 19, 2008.


The Northwest Park Oakview Weed and Seed (NPOWS)
Activities Update to the Silver Spring Citizen’s Advisory Board
Neighborhood Committee
April 21, 2008
Submitted by: Martha Waddy, W&S Steering Committee Member

A. WEEDING ACTIVITES
I. Law Enforcement
1. There have been a total of 109 incidents of crime reported in the Weed & Seed Area through March 31, 2008 which is summarized as follows:

2 Theft 20 Vehicle Thefts 20 Assaults 1 Quality of Life/Liquor
12 Burglaries 18 Vehicle Burglaries 15 Quality of Life/Disorderly 12 Traffic
4 Robberies 1 Sex Offense – Rape 2 Quality of Life/Narcotics 2 Other – Alarm

2. The Avery Park Apartment Community continues to lead all communities with reported crime. The Northwest Park Apartment Community is a close second. Both apartment communities make-up over 50% of reported crime in the Weed & Seed area.

3. Assault, Vehicle Theft and Vehicle Burglaries are the top three reported crimes in the area.

4. The Auto-Theft Division of MCPD has initiated bait car and other policing strategies in the Weed & Seed area in an attempt to capture car thieves.

II. Community Policing
1. This evening, April 21, 2008, Margaret Palmer a resident of the Avery Park Apartment Community will be holding a Neighborhood Watch kick-off event at her apartment. Last Friday, April 18, 2008, outreach activities were conducted at Avery Park in support of tonight’s event.

2. Luther Hinsely, Avery Park Tenants, has requested Weed & Seed to setup a meeting with agencies that can have an impact on security at Avery Park.

B. SEEDING ACTIVIES
III. Prevention/Intervention/Treatment
1. The Weed & Seed Truancy Prevention Task Force continues to hold monthly task force meetings to address issues of truancy and other risky behaviors with White Oak Middle School students.
2. The Weed & Seed Truancy Prevention Initiative held its first workshop with parents on April 15, 2008.
3. The Weed & Seed Program has partnered with Impact Silver Spring and St. Camillus Church to conduct outreach activities at the Northwest Park and Hampshire West Apartment Complex to implement Impact’s Renters Exchange Workshops. The dates for these workshops are 4/29, 5/6, 5/13, and 5/20 in the evening.
4. The Weed & Seed Program will be holding a workshop for residents at the Chateau Apartment Complex presenting the Montgomery County Micro-Enterprise Program. The date is currently scheduled for 5/19/08 in the evening at the Chateau.
5. The Weed & Seed Safe Haven run by the YMCA continues to offer Case Management Services to residents and supports elementary school aged children with after school programs Monday through Friday and supports for middle school boys through the Man to Man Program. A community meeting was held with local residents on April 11, 2008.

IV. Neighborhood Restoration
1. Nuisance Abatement Task Force continues to receive complaints from Oakview Residents. An emerging issue with residents. Vacant homes for sale and Foreclosures.
2. The Nuisance Abatement Task Force held its bi-monthly meeting. A major topic on the agenda was the Foreclosure Crisis in the neighborhood. There are currently 4 houses in pre-foreclosure, 12 houses listed to be auctioned and 1 house owned by the bank.
3. Weed & Seed has been actively promoting resident participation in Earth Day activities scheduled for April 26, 2008.
4. The Turning County Turning Point Public Art Project has been tentatively set to be unveiled on June 17, 2008.

V. Other
1. Bonita Bell is the new Community Manager at the Hampshire West Apartment Complex.
2. Lt. Robert McCullagh has been selected by the Department of Justice to participate in a Training Conference in Ohio in May.