Re: Agenda Review
 
City Clerk Claire Funkhouser said that there were no changes to the agenda. 

Re: City Manager’s Report
 
City Manager Scott Ullery reported on the meeting on the Town Center Action Team (TCAT) that was held the previous Saturday, January 27th.  Senator Jennie Forehand and Delegates Luis Simmons and Jim Gilchrist were in attendance.   The purpose of the meeting was to discuss the impact of the proposed District Court on the Town Center neighborhood.  While there was support for the concept of a new District Court, opposition was expressed regarding the proposed site of using the old Rockville Library property for the Court.  Delegate Simmons wanted to know the chronology of the City’s involvement with the District Court, both in its site and design. 

Mr. Ullery said that in light of the most recent communications with Steve Cassard at the State level, it might be wise for the Mayor and Council to take a stand as to their view on the placement of the District Court at the old library site.  Councilmember Hoffmann said that she felt it was worthwhile to be on the record stating that she continues to hear from people at the State about the need to be on the record and to move it forward.  She said that it is just as important for the City to be on record regarding its sentiments on the issue and agreed that those sentiments should be put in a letter.  At this point, Councilmember Hoffmann moved that the City put their sentiments as an official position in a letter, which was seconded by Councilmember Robbins.  Councilmember Dorsey asked what the major points of objection by the City would be.  Mayor Giammo responded that the major points were that the building’s nonconformity to the Master Plan, the lack of parking, pedestrian safety issues, and that a better site, both in terms of planning purposes and the neighborhood and civic concerns, would be north of Route 28.   Councilmember Marccucio said that she had not been part of any past discussion and only recently became aware of the issues surrounding the District Court.  Mayor Giammo reiterated that the City’s objection was not concerning the need for a new District Court, but rather to the site that had been proposed. 

At this point, the Mayor called for the vote to support a letter to the state regarding the inappropriateness of the proposed site for the new District Court, which was unanimous.

Re: Appointments

Compensation Commission

Upon motion of Councilmember Robbins, duly seconded by Councilmember Dorsey, and unanimously passed, Virginia Onley was appointed as Chair of the Compensation Commission until December 31, 2007.
Human Services Advisory Commission

Upon motion of Councilmember Robbins, duly seconded by Councilmember Marcuccio and unanimously passed, Stacey Norris was appointed as a member to the Human Services Advisory Commission to fill an unexpired term until October 1, 2007.

Landlord–Tenant Commission

Upon motion of Councilmember Dorsey, duly seconded by Councilmember Hoffmann and unanimously passed, Edward Gonzague was appointed as Chair of the Landlord-Tenant Commission until January 1, 2008.

Rockville Scholarship Foundation

Upon motion of Councilmember Robbins, duly seconded by Councilmember Marcuccio and unanimously passed, Bernard Lubran was appointed as a member Rockville Scholarship Foundation until January 1, 2010.

Re: Award of Bid No. 7474000045-AA for Photospeed Services to ACS State and Local Solutions, Inc. of Washington, D.C. for the implementation, use, and servicing of photo speed enforcement technology and services as requested by the City of Rockville

Mr. Ullery said that staff seeks consent to negotiate for the award of the rider bid, Montgomery County Contract No. 7474000045 with ACS State and Local Solutions for photo speed solutions in an amount not to exceed $16.25 per paid citation for each fixed site and $16.25 per paid citation or $2,999.00 per month per deployed mobile unit whichever is greater from award through a two-year period with an option to renew for a maximum of three one-year terms.

Mayor Giammo said that the City has been waiting five years for this to happen and he is very pleased to see it come on to the agenda.  City Manager Scott Ullery said that the action of the Mayor and Council would actually be in anticipation of the approval by the state and that what is being requested is the consent to negotiate.  

Police Lt. Jim Main then gave a presentation on this item.  He said that legislation and municipalities within the County to begin enforcing speed limits by photospeed technology.  The legislation took effect in February 2006.  The law provides that all fines must be paid to Montgomery County.  Since February 2006, City staff have worked with Montgomery County in their search and selection process for a vendor.  The County and ACS intend to enter into their contract for photo speed services in January, 2007.  The pricing features negotiated by the County with ACS are lower than any bid submitted in the proposals received and provides a “turnkey” operation with the vendor providing all equipment and support services while still allowing the system to be operated by Police Department personnel.

Lt. Main said that the City could have written and posted its own RFP, but it would not have benefited from the lower pricing offered to a much larger system.  Also, the processing of payments of citations and distribution of revenue will be simplified using the same vendor and back office solution as the County. 

Frank Harris, a representative of the manufacturer of the speed cameras, described how the speed cameras work.  Mayor Giammo asked if the expectation would be if the cameras would be activated within the next forty-five days and was told that would be the case.  Councilmember Marcuccio wondered if notification on this matter would go out to citizens and how other means of publicity on this matter would be made available.  Mayor Giammo asked for a briefing on the process at an upcoming Mayor and Council meeting.  The Mayor also said that this effort took a long time in Annapolis and he thanked staff, especially the Police Department, for their patience and perseverance with this issue.

Upon motion by Councilmember Hoffmann, duly seconded by Councilmember Dorsey and unanimously passed, the Mayor and Council authorized the City Manager to enter into negotiations regarding the Award of Bid No. 7474000045-AA for Photospeed Services to ACS State and Local Solutions, Inc. of Washington, D.C. for the implementation, use, and servicing of photo speed enforcement technology and services as requested by the City of Rockville.

Re: Introduction of ordinance to adopt the Lincoln Park Neighborhood Plan as an amendment to the adopted Master Plan Consideration of a new neighborhood plan for the Lincoln Park Planning Area (Planning Area 6) to replace the existing Neighborhood Plan adopted in 1984

Jim Wasilak, Chief of Planning mentioned that the action tonight would be the introductions of both the Lincoln Park Neighborhood and the Lincoln Park Conservation Plans.  This action is subsequent to the public hearing and discussion and instructions to staff.  Mr. Wasilak said the briefing materials included a combined addendum and errata sheet from the Planning Commission, and the remarks of the Mayor and Council from previous meetings.  Most of the issues related to concerns raised by the Local Emergency Planning Council’s  (LEPC) regarding safety on part of the site, lower density on the WINX property, and open space for both WINX property and Lincoln High School site.  Mr. Wasilak said that the Lincoln Park Citizens Association and sent in comments recently and that staff were recommending the following as a result:

• Staff concurs that recommended text regarding pipestem lots should be deleted, as they are no longer permissible in the City
• Staff recommends that a minimum of 10 % of the land area of both the WONX property and the MSPS property be dedicated as public parkland.  This would be in addition to any common green space that would be required for buffering and screening on the property.
• Any references to a crossover at Westmore Road should be deleted

Councilmember Dorsey expressed his concern that no members of the Lincoln Park community were present this evening.  Following his remarks, the Mayor and Council went through a chapter-by-chapter review of the Neighborhood Plan to elicit any comments that Mayor and Council might have. 

Chapter One – No additions

Chapter Two – Take out “while this Neighborhood Plan is in effect” per the suggestion of the Lincoln Park Citizens’ Association.  Regarding the WINX property, Mayor Giammo suggested that the density for a PRU would be 60 – 61 units rather than the 72+ units that had been proposed for the WINX property.   He said that this property should be a buffer area with sufficient parkland, etc., and asked if his comments were enough to make it clear.  Mr. Wasilak said the Mayor’s point is well taken and that the language should be strengthened in this regard.

In terms of issues related to the MCPS properties, Mayor Giammo said that the overarching question is how the use of this property coordinates with the Stonestreet Avenue Plan.  Mr. Wasilak said that it gives an opportunity to discuss the overall land use policy of the entire tract.   He cited some wording on page 12 of the Plan.

Councilmember Marcuccio said that it seems like the language in the beginning seems a bit out of sync, and a bit vague in light of things changing with the zoning ordinance.  Mayor Giammo said that it is better to see what the community wants here, saying that the text sounds a little too antiseptic and needs a tone that is more inspirational.   Councilmember Marcuccio said that she agreed, adding that this seemed to be done well in the Conservation Plan, but needs to be strengthened in the Neighborhood Plan. 

Mayor Giammo said that the percentage of parkland dedication needs to be clarified.  There was more general discussion related to parkland, the number of units, and the cohesion of building height.  Regarding the issue of differences between the Stonestreet and Lincoln Park Plans in terms of a crossover at Westmore Avenue. Councilmember Hoffmann said that the community wants any reference removed.  If taken out, the Plans would be silent on this issue.  The recommendation would stand in the Stonestreet Plan.  There was also some general discussion about cut-through traffic access.  Returning to the Westmore crossover, Mayor Giammo said that he would be amendable to removing any reference to the connection.  Councilmember Hoffmann reiterated that she thought that it should be taken out.  Councilmember Dorsey agreed and there was unanimous agreement to remove any reference to a connection between Westmore Avenue and Route 355 as the neighborhood had suggested. 

Chapter 3 – No Changes

Chapter 4 – There was agreement with the Lincoln Park assessments.

Chapter 5 – There was a question regarding the “noise” wording.  Councilmember Marcuccio suggested the changing of the wording to include all the options regarding public projects.  

At this point, Councilmember Dorsey introduced the Neighborhood Plan.

Re: Introduction of ordinance to adopt the Lincoln Park Neighborhood Conservation District Plan

The discussion then turned to the companion plan related to the creation of a historic conservation district.  The Mayor and Council instructed staff to make sure that language is clear that people can add two single family homes and that there is information about boundaries and standards for new construction.  It was stressed that the Lincoln Park Citizens' Association only desires the area to be what exists currently; not to add anything to the conservation area, including MCPS or the WINX property.  

Councilmember Dorsey said that part of the concern is that a conservation district is a groundbreaking concept in Rockville and that the City will not know its impact in terms of benefits or drawbacks until after it has been experienced.  There was additional discussion regarding obtaining additional input from the Lincoln Park Citizens’ Association.  Specifically, Mayor Giammo wanted to know what standards the neighborhood would want to be precluded if a vacant lot or a property that was adjacent to the community were to develop.

At this point, Councilmember Hoffmann introduced the Conservation Plan.

Re: Review of the revised Refuse and Recycling Program recommendations

City Manager Scott Ullery said that he wanted to present the revisions to the Mayor and Council in advance of the February 20th public hearing, but wanted to make clear that he was not asking for any decision this evening, given the complexity of this subject.  Mr. Ullery said staff had summarized the options in detail in December and he said that there had been wide dissemination of the recommendations, such as Rockville Reports, website summaries, etc.  Mr. Ullery said that, since the meeting in December, he had reviewed the recommendations and decided to present the revision presented this evening.  In the new recommendation, which Mr. Ullery illustrated using a one-page chart, staff is suggesting the following:

• Replacing the current manual system with the semi-automated system (and fully automated where technically feasible) utilizing wheeled – carts in four sizes
• Elimination of backdoor/backyard pick-up
• Replacement of “multiple stream” recycling with “single stream” recycling 
• Retention of the seasonal leaf collection
• Retention of weekly yard waste collection, with automation explored in the future

Regarding other system components, staff is presenting options to the Mayor and Council for their review and eventual decision.  The system components included:

• Frequency of refuse collection of city-wide twice per week or twice per week with a once per week option
• Handling of refuse overflow via additional carts, tags or within the cart
• Collection of bulk and metal appliances (white goods) either quarterly, monthly or by appointment
• Collection of hazardous waste either as it is currently or by requiring residents to bring items to the point of sale for disposal
• Setting of rates as a flat rate per household, a variable rate depending on refuse cart size and collection frequency
• Holiday collection as it stands currently or an alternative that provides for a shift in collection days

In response to Mr. Ullery’s presentation, Mayor Giammo thanked Craig Simoneau, Director of Public Works, Gavin Cohen, Director of Finance, Mr. Ullery, and other staff that were involved.  He asked if there were any questions regarding Mr. Ullery’s report on revised recommendations. 

Councilmember Marcuccio asked about the size and number of carts for recycling.  Mr. Simoneau replied that the City would be happy to provide any sized carts and any amount of carts because the City wants to encourage recycling.  Councilmember Marcuccio when it says “automated,” does this mean “semi-automated?”  Mr. Simoneau said that this implies semi automated, except for King Farm where it will be automated.  Councilmember Marcuccio asked if this type of variable system would require additional bookkeeping.  Mr., Simoneau said that it would, and that staff is ready to provide this. 

Councilmember Hoffmann referred to the white goods pickup, wondering if it is utilized very much.  She then said that tonight’s presentation was very well done.  Mayor Giammo commented that it seemed that the delta between once per week and twice per week was about $834,000 per year.  He asked how many households the City actually picked up from in the City.   Mr. Simoneau responded that the number of households was 13,896. 

Referring to the recent appointment of Ann Elsen to a Montgomery County committee looking at electrical aggregation, Mayor Giammo said that the EPA may be able to provide a lot of analysis on different types of refuse systems and he would follow up with Ms. Elsen in this regard. 

Using Town Center and King Farm as an example, Councilmember Robbins said on issues like this, staff talks about savings on paper.  She expressed her concern that every time there is a supposed savings, she never knows where it actually occurs.

Re: Future Agendas

Councilmember Marcuccio asked when the MOU for REDI would be available and City Manager Ullery said that it would be coming to the Mayor and Council sometime in February.

Re: New Business

Mayor Giammo reported that he had a one on one meeting with the new County Executive, Ike Leggett.  He found the meeting to be extremely productive and was heartened by the spirit of cooperation that the County Executive was showing toward the City.

Councilmember Anne Robbins congratulated City Clerk Claire Funkhouser on the recent engagement of her daughter, Lauren.    

Re: Adjournment

There being no further business, the Mayor and Council adjourned at 9:30 pm.