Re: Mayor and Council’s Response to Citizens Forum

Mayor Giammo suggested that it might be more appropriate to speak to the issue of the budget amendment when it comes up for discussion later on the agenda.

Councilmember Marcuccio praised Public Information Manager Neil Greenberger who was departing the City to take a job as the Public Information Officer for the Montgomery County Council.  Councilmember Robbins said that Jennifer Strohm, Mr. Greenberger’s assistant, was also leaving to take other employment.  Councilmember Robbins added her praise of Mr. Greenberger saying that he was a wonderful mentor, and that he made work a pleasure.

Re: Public Hearing on the Refuse and Recycling Program

The Mayor said that this is a continuation of the Public Hearing before the Mayor and Council that took place on February 20, 2007, and is for anyone who was not able to speak that evening.  The Mayor and Council opened the Public Hearing at 7:27 p.m.  The Mayor and Council heard testimony from one speaker.  The testimony of the speaker can be found in the official public hearing file in the City Clerk’s Office. 

Charles Goldstein, a citizen who had spoken before on this issue on February 20 requested an opportunity to speak again.  Mayor Giammo reiterated that the continuation of the hearing this evening was for anyone who was not able to speak that evening to come to present testimony, not to give people a second opportunity.  Councilmember Marcuccio made a motion to allow people who had spoken at the previous public hearing on refuse and recycling top speak this evening as well.  The motion was seconded by Councilmember Robbins.  In discussion on the motion, Councilmember Dorsey said he was concerned that allowing this would set a precedent.  Councilmember Robbins said that people were given multiple times to speak when she first came on the Council.  Mayor Giammo cited an email he had sent to the other members of the Mayor and Council suggesting that unless someone objected, people would not have a second opportunity to speak and that he had not heard from anyone. 

The vote on the motion was Councilmembers Robbins and Marcuccio voting, “aye,” Mayor Giammo and Councilmember Hoffmann voting, “nay,” and Councilmember Dorsey abstaining.  Therefore, the motion was defeated because of a lack of a majority.  Councilmember Hoffmann explained her vote, saying that she felt that Mr. Goldstein could have used Citizens’ Forum as an opportunity to present his views as others had done.

Re: Adoption of Ordinance to amend Ordinance No. 4-06 to appropriate funds and levy taxes (FY2007 Budget Amendment)

City Manager Scott Ullery highlighted certain recommendations that staff is making as part of the budget amendment including:

• The addition of two (2) new full-time positions, a Police Officer funded in the General Fund, and a Water Plant operator funded in the Water Fund.
• Additional authority for the City Manager to exceed the 10% change order authority on the Whiting-Turner contract for Town Center Public Improvements CIP, $700,000 under the current contract

The proposed amendment also includes a number of other adjustments, such as recognizing grants that have been received since the budget was adopted last June, authorizing the use of surplus revenue, and re-appropriating funds that normally “roll over” from one fiscal year to the next.  Some of the projects that would be included in the use of surplus funds are:

• The Town Center Shuttle, which Mr. Ullery said would need some discussion on the part of the Mayor and Council
• Cost Increase for Mattie Stepanek Park
• Additional funding to enlarge the capacity of the gym for Meadowhall Elementary School
• Phase III of Baltimore Road
• Cost Increase for the Fallsgrove Community Center

The City Manager said that $8.6 million would be transferred from the Parking Fund to the Capital Projects.  This transaction is payment from the Parking Enterprise Fund for the value of land on which the garages have been built.  The money was borrowed as part of the 2005 debt issue, and is being used to fund a portion of the Town Center public improvements.  Adjustments are also being recommended for an increase in interest earnings of $950,000 and a reduction in parking meter violation revenue of $70,000.  The funding source for the transfer will come from parking fund reserves.

Regarding the status of the Town Center shuttle, Mayor Giammo asked about the status
of potential collaboration with Montgomery County Ride-On.  Mr. Ullery responded that there was no answer as of yet, but that he had called the County’s Chief Administrative Officer, Tim Firestine about this.  The request for federal funds is due in June.

Councilmember Robbins said she was very reluctant to move forward with this unless there was some assurance of getting some help with the operating funds from the County.  Mayor Giammo said he totally agreed.  Councilmember Hoffmann said that she hated to throw away the prospect of federal funding, but that she shared the concerns that Councilmember Robbins and the Mayor have raised.  She said that she would do what she could as a County employee to advocate for this.

The topic then turned to the positions in the Police Department for enforcement of the speed cameras.  Chief Treschuk said that it is the responsibility of the municipality to process the photographs and perform all of the back office tasks.  He said it was very important that the City maintain control of the processing.  Since there is only a fourteen-day window for completing the processing, there is a need for the personnel to perform the tasks.
There was also a question of whether or not the section of Baltimore Road mentioned in the amendment is a City or County road.  Craig Simoneau said that the state is involved in terms of mentoring the grant funds and the county is involved because Baltimore Road eventually turns into a county road.

Regarding the Thomas Farm Community Center, Councilmember Hoffmann said she presumed that the increase for the project is primarily due to construction materials and Gerry Daus of the City’s Recreation and Parks Department responded that was indeed the case.

Regarding Mattie Stepanek Park, Gavin Cohen, Director of Finance said that the grant funding had been double counted by mistake so it had to be replaced in the budget with City funds.

Councilmember Marcuccio asked about the amount attributed to Workman’s Compensation.  Mr. Cohen said that the City belongs to a pool to fund this expense, which keeps costs down.  Rich Hajewski, Director of Personnel, said that the pay was based on actual costs to the pooled fund.  Councilmember Marcuccio also asked about Mr. Gottfried’s comments during Citizens’ Forum.  Regarding the transfer from the Parking Fund to the General Fund, Mr. Cohen said that the money was not being capitalized, but that the amounts referred to the value that the City ascribe to the cost of the land to the cost of the project.

In terms of the costs for Town Center of $1.2 million, Councilmember Marcuccio asked if any more costs would occur in the next fiscal year.  Mr. Cohen said he was hoping that this would take care of it, but that there will need to be a reconciliation at the end of the project.

Councilmember Marcuccio asked about the additional costs associated with the Rockville Pike Plan.  Mr. Cohen said that the request for proposals came back in a range that required extra funding.  City Manager Ullery said that the extra money may not be expended, but until the proposals come in, it will be difficult to assess. 

Councilmember Marcuccio also asked if any costs associated with the refuse fund be included in Fiscal Year 2007.Mr. Cohen said that the costs would not be until FY 2008 and that that budget is being prepared as if there are no changes.

Councilmember Robbins wondered about the amount of the fund allocated for reserves, saying that some citizens would like to have some of that money allocated to helping with the cost of any increase to refuse collection.  Mayor Giammo said that the problem with that approach is that not everyone has their refuse collected by the City.  He added that he thought that the City Manager was going to try to propose some kind of tax relief that would affect all property owners as part of the recommendations for the FY 2008 budget.

City Attorney Paul Glasgow advised the Mayor and Council that, if it was their pleasure, they could introduce the ordinance, waive the layover, and adopt the ordinance this evening, or if they preferred, they could just introduce the ordinance this evening and act on it at their next meeting.  The Mayor and Council indicated their preference for the latter and Councilmember Hoffmann then introduced the ordinance.  Mayor Giammo thanked staff for all of their work on the ordinance.

Re: Adoption of Ordinance – Lincoln Park Neighborhood Plan to approve a new neighborhood plan for the Lincoln Park Planning Area (Planning Area 6) to replace the existing Lincoln Park Neighborhood Plan adopted in 1984

Ordinance No. 1-07

Chief of Planning Jim Wasilak opened his presentation by saying that it had been a personal and professional honor to work with the members of the Lincoln Park community on the development of both the Neighborhood Plan and the Conservation Plan.  Mr. Wasilak thanked the community leaders who had taken the time to participate of the long process leading to the proposed adoption of the two ordinances this evening.  He specifically mentioned Cindy Hall, Wilma Bell, Fran Hawkins and Anita Summerour.

Mr. Wasilak said that the main goals of the Plan are to:

• Maintain and enhance Lincoln Park as a stable and secure residential neighborhood
• Provide housing opportunities for residents with a range of incomes and promote home ownership opportunities for residents who are or will be owner-occupants, while protecting the residential character of the neighborhood from nonresidential encroachment and nonconforming land uses
• Establish circulation patterns and opportunities, including vehicular, bicycle, pedestrian and public transit, which protect the residential nature of the Lincoln Park neighborhood
• Achieve a healthy, vibrant, and sustainable environment in the neighborhood that protects, preserves, and restores natural resources, while reducing or eliminating negative environmental impacts for current and future populations
• Protect the physical and cultural heritage of the Lincoln Park Neighborhood utilizing historic preservation principles and tools

Mr. Wasilak highlighted changes made to the draft of the Plan based on input from the neighborhood and direction form the Mayor and Council, related to the removal of removal for references to a potential road crossing of the WMATA/CSX tracks in the vicinity of Westmore Road.  Councilmember Marcuccio also suggested some minor changes to the wording of the ordinance related to the issue of traffic from Town Center.

Councilmember Dorsey asked when the completed version without any edits would be available.  Mr. Wasilak replied that it would be published as soon as the Graphics Division can produce it.  Mr. Dorsey also thanked Mr. Wasilak for his hard work on both of the Plans.  Mayor Giammo also thanked him and offered thanks as well to the community for their input.

In addition to the changes discussed tonight at the previous meeting on January 29, 2007, City Attorney Glasgow said another change to the ordinance would be to the date of the addendum and errata sheet to from January 17, 2007 to February 26, 2007.

Upon motion by Councilmember Marcuccio, duly seconded by Councilmember Dorsey, and unanimously passed, the wording to the ordinance was amended as discussed.  Upon motion by Councilmember Hoffmann, duly seconded by Councilmember Marcuccio, the date on the errata and addendum sheet was changed from January 17, 2007 to February 26, 2007.

Upon motion by Councilmember Marcuccio, duly seconded by Councilmember Robbins, and unanimously passed, Ordinance No. 1-07, adopting the Lincoln Park Neighborhood Plan to approve a new neighborhood plan for the Lincoln Park Planning Area (Planning Area 6) to replace the existing Lincoln Park Neighborhood Plan adopted in 1984 was approved.

Re: Adoption of Ordinance – Lincoln Park Conservation Plan to approve a Conservation Plan that protects the character of the Lincoln Park neighborhood

Ordinance No. 2-07

Regarding the Conservation Plan, Mr. Wasilak said he would like to mention the contributions of Judy Christensen, a former Historic Planner for the City, who had been instrumental in suggesting the application of a conservation district for Lincoln Park.  If approved, this would be the first time this mechanism had been used in Rockville.  Councilmember Dorsey agreed, stating that this had been an unprecedented idea adding that he was sorry that members of the community were not present this evening to participate in this historic event.

Upon motion by motion by Councilmember Hoffmann, duly seconded by Councilmember Dorsey, and unanimously passed, Ordinance No. 2-07 to approve the Lincoln Park Conservation Plan, a Conservation Plan that protects the character of the Lincoln Park Neighborhood, was adopted.

Re: Review and Comment on schematic building design location for a five story, 118,969 square foot office building and  parking garage on a 3, 256 acre site located at Shady Grove Road and Blackwell Road in the Fallsgrove development (Comprehensive Planned Development Detailed Application CPD2006-0004AB and  Review and Comment on schematic building design location for a six story, 133,052 square foot hotel with surface parking on a 3.76 acre site on Shady Grove Road and Blackwell Road in the Fallsgrove development (Comprehensive Planned Development Detailed Application CPD2006-0004AA)

Jeremy Hurlbutt, Planner from the Department of Community Planning and Development Services, gave some background on both of the buildings.  He said that the resolution of approval of the Fallsgrove Comprehensive Planned Concept Plan, approved on February 22, 2000, provided for the review by the Mayor and Council of elevations and locations of nonresidential and public buildings within Fallsgrove, with further public hearings.  The comments of the Mayor and Council shall be provided to the Planning Commission during their review of the detailed application of the project. 

The applicant has filed detailed applications for two buildings, a five story, 118,969 square foot office building and parking garage on a 3, 256 acre site located at Shady Grove Road and Blackwell Road and a six story, 133,052 square foot hotel with surface parking on a 3.76-acre site on Shady Grove Road and Blackwell Road. 

Mr. Hurlbutt said that the inclusion of a hotel instead of an office in the Fallsgrove Development was as a result of an amendment to the CPD in 2005.  The hotel complex will have two buildings, one a 112-room Hilton Garden Inn and the other, an 87-room Homewood Suites.

Councilmember Marcuccio asked for an orientation of where the project was situated within the Fallsgrove development and Mr. Hurlbutt indicated the location on the map relative to other parts of the Fallsgrove development.  Mayor Giammo asked how Mr. Hurlbutt would characterize the interaction between the developer and the neighborhood.  Mr. Hurlbutt said the developer had been very cooperative and forthcoming.  He added that the main concern that resident have seems to involve on-street parking concerns.

Erica Leatham, attorney for the applicant, extended her thanks to staff for the work on this project.  She said that the 2005 amendment had had a number of conditions, including the provision for inclusion of nearby residents in the process.  She thanked the members of the Fallsgrove community who had consistently worked with the developer to work out their concerns

A representative of Lerner Enterprises described the hotel as dual brand concept.  He introduced Trini Rodriguez, the landscape designer to discuss some of the landscaping features that had been incorporated into the plans.  She said that the massing of the buildings was designed to put the largest massing away fro m the residential areas. The hotel buildings will operate separately but some amenities such as the pool and the exercise room can be accessed by both buildings.

The developers also described the façade of the hotel buildings.  The materials of a brick façade with a stone base are an upgrade form Hilton’s usual materials for these types of hotels.  They also described a vegetative trellis on top of the garage.  The developers would like to start construction in 2008 with completion in 2009.

In comments, Councilmember Hoffmann said she was very disappointed in the architectural design of the hotel, although she commended the developers for certain features such as the vegetative and other screening and the orientation of the building and signage away from the residential are.

Councilmember Marcuccio asked about sidewalk access and Councilmember Dorsey wondered about other access issues such as emergency vehicles.  Mayor Giammo expressed a concern about the possible use of some reflective glass for the office building.  He also wondered about safety issues in the parking lot.  Regarding the hotel, Mayor Giammo asked if the rendering was representative of what the hotel looked like form all sides and was told that it was

In terms of recommendations to the Planning Commission, the Mayor and Council agreed that the architecture on the hotel was nothing special and somewhat austere, adding that they would like to see something more inviting and less institutional looking.  Regarding the design of the office, the Mayor and Council commented favorably on the materials to be used, the trellis, and the “sail” feature that distinguished the façade.

Concern was expressed about the viability of the retail in the office building, given a loading dock that would be approximately 250 feet away from an entrance.  Also, the issue of safety was reiterated as is related to pedestrian access and some hidden aspects of the design, which might prove to be an attractive nuisance late at night so close to a residential area.

The Mayor and Council also suggested that any elevations to the Planning Commission show renderings form all sides and include some illustration of the signage that would be part of the complex.

Re: Future Agendas

There was discussion regarding an appropriate date for the closing of the record on refuse and recycling.  It was decided that “Discussion and Instructions” to staff would take place on March 12 and that the record would close at 5:00 p.m. that same day.

Re: New Business

Councilmember Hoffmann said that she had been at the new Starbuck’s in Town Center last Saturday night and how happy she had been to see so many young people gathered there. 

Mayor Giammo commented on the visits to businesses being coordinated by Rockville Economic Develeopment, Inc. (REDI).  He urged his colleagues on the Mayor and Council to participate in this worthwhile endeavor.

Re: Adjournment 

There being no further business, the meeting adjourned at 10:13 p.m.