Because the dearth of issues driving voter interest there seems to be a persistant assertion by most of the candidates of a need for "civility". Rather than focus on such pointless posturing, I have canvassed the candidates with questions of my own design. I gave them one week to respond before I posted. I include the first of my 3 questions, this one regarding Rain Barrels, and the responses I received in this diary.
My Questions to all the candidates
Question 1: Potable municipal water is becoming more expensive to provide to the citizens of Rockville due to several factors. Much of the potable water is used for lawn and garden maintenance when untreated water would suffice. Rainfall running off our roofs can be used for such watering if it can be collected and stored. Unfortunately, my Home Owners Association has a rule prohibiting the installation of rain barrels. As a city council member how would you ensure that rain barrels cannot be barred by HOA rules? Conversely, if you oppose rain barrels, please explain why.
A Little Background...
The City of Rockville has recently embarked on a 20-year water delivery system rehabilitation plan that has necessitated a water usage rate hikes in the coming years. Additionally, the City of Rockville has instituted a rainscapes programto reduce stormwater run-off, and associated pollutants, into local streams. They even have a Rain Barrel Rebate program. I was excited. Having recently converted my town home front plot into a "conservation garden" with low water demand local perrenials, I could go one step further in reducing my water demand, run-off and effort in one fell swoop. Now that Rockville has newly minted "Green" Building Codes (warning pdf) the time is right...but I was wrong. Apparently, my Home Owners Association rules can prevent me from adopting efficient green solutions. While I agree with the need for community standards, especially in town home communities, sometimes the aesthetic standards go too far, as in this case.
So I wanted to see which candidates are responsive to a citizens queries and where they stand on this issue. I hope to gain insight into their style via their answers to these non-conventional questions.
Mayoral Candidates
Susan Hoffman (incumbent Mayor, 1 term)
No response thusfar
Phyllis Marcuccio (incumbent City Councilmember, 2 terms)
No response thusfar
City Council Candidates
John Britton (incumbent councilmember, 1 term)
(received 10/30/09) Our water fee system is tiered so that greater users of water pay an overall higher cost. The sewer fees are tied to water usage, even though water used for lawns, gardens, etc., do not utilize the sewer system. In this past term on the council, I unsuccessfully attempted to set up a tiered system for sewer rates as well – a further disincentive to excessive water use – but the proposal was not accepted by my council colleagues. As you may know, the city encourages the use of rain water collection barrels to enable residents to recycle rain water for lawn and garden use and conserve on the use of potable water. I am not familiar with all the HOAs that may restrict the use of rain barrels but I believe such restrictions contradict the stated public policy of the mayor and council for environmental sustainability. I assume such restriction is based primarily on aesthetic reasons, a rationale that should be easily overcome. If this is the case, I think the reasoning is misplaced as rain barrels do not have to be an eyesore. If other reasons, they would have to be reviewed and addressed. I would ask the city attorney to research the city’s ability to override an HOA restriction by city ordinance and then advocate for the passage of such ordinance.
Supplement sent 23 Dec 09 - Restrictions on use of rain barrels to collect rain water – again not a city prohibition; to the contrary, we encourage the use of rain barrels. HOAs may prohibit them and the city’s allowance for and encouragement of rain barrels seems not to trump the HOA’s authority. With respect to this point, in the case where an HOA restriction conflicts with a strong public policy or public safety rationale, the restriction will not stand. An easy example – an HOA cannot place restrictive covenants on the transfer of property based on race, religion, etc. Clotheslines and rain barrels may not have risen yet to this level, but of course it has not yet been tested legally. On this evening’s M&C agenda, there is a public hearing for our buy-in to the County’s mediation process for common ownership communities – relevant to your issues if the process could be used to challenge such HOA restrictions.
Piotr Gajewski (incumbent councilmember, 1 term)
No response thusfar
Carl Henn
Rain barrels not only save water for later use for watering plants, they also help reduce storm water run off, hence improving the quality of local streams and the Chesapeake Bay . As global warming changes weather patterns, we may face longer and deeper droughts and bigger storm events. In both circumstances, rain barrels can help.
I don’t believe that Home Owners Associations should have the ability to ban rain barrels. I would support action to restrict the authority of HOAs to ban rain barrels.
Trapper Martin
Bottom line is I would really have to refer to the attorney to see what action we could force the HOA's to do. I would support a letter of support if we couldn't legally take action.
I fully support rain barrels and would encourage any HOA to allow them. Unfortunately I think that any action the City would take might be open to appeal to the County or State. If the City’s legal counsel thought we could do this as a municipality without concerns of overrule by appeal then I would support this measure.
Tom Moore
Reflexively, I think that water barrels sound like a good idea. I understand that you live in a town home community, and can easily imagine why there might be rules against that sort of thing in tight spaces. I would want to hear both sides on this one. I would caution that not being willing to bar HOAs from barring rain barrels is not the same thing as being against them.
Bridget Newton
I support and applaud the residential use of rain barrels and will encourage the city to adopt this practice at our many facilities throughout Rockville. However, HOAs are private organizations and as long as they are operating within the laws of the City, there is little the Council can do. I will work with homeowners in their attempts to find a balance between the desire to conserve our resources and the practicality that not everyone has the same visual standards. It might be as simple as placing rain barrels in discrete backyard locations or finding space within the development for a Communal Barrel.
Virginia Onley
No response thusfar
Waleed Ovase
No response thusfar
Mark Pierzchala
We have 4 rain barrels at our house so I am very much in favor of their use. (We also have a rain garden.) However, I don't agree that the City should override HOA restrictions in this area. I think their use for the purpose of watering a lawn is overrated; though they have worked fairly well for watering limited garden plots. I could write a long essay on the management of rain water in these barrels; it is very difficult. But bottom line, for 3 of our 4 barrels, I now keep the hose down on the ground for them, with the valve barely open. This way the 3 rain barrels operate as mini storm water management ponds, retaining water when it rains, but then slowly releasing over the next 24 hours. When I was president of the College Gardens Civic Association, I helped lead an effort to install over 100 rain barrels in our community.
Max Van Balgooy
No response thusfar