MAYOR AND COUNCIL
ROCKVILLE, MARYLAND

Meeting No. 22-07
July 2, 2007

The Mayor and Council of Rockville met on Monday, July 2, 2007 at 7:03 p.m. in the Mayor and Council Chambers, Rockville City Hall, 111 Maryland Avenue.

PRESENT

In attendance: City Manager Scott Ullery, City Attorney Paul T. Glasgow, and City Clerk Claire F. Funkhouser

Re: Agenda Review

There were no changes to this evening’s agenda.  

Re: City Manager’s Report

City Manager Scott Ullery reported on the following:

• The City’s Independence Day celebration on July 4
   
• The situation with the “doomsday “ budget as announced by Governor O’ Malley’s office.

Re: Proclamation declaring the week of July 2-9, 2007 as Mattie J.T. Stepanek Week in Rockville

Councilmember Robbins read the Proclamation and moved for its approval.  The motion was seconded by Councilmember Dorsey and unanimously approved by the Mayor and Council.  Councilmember Robbins presented a stuffed bear and the Proclamation to Jeni Stepanek, Mattie’s mother.  Ms. Stepanek spoke about Mattie’s “essence,” his devotion to peace, and his constantly hopeful outlook despite tremendous challenges.  She also played a tape recording of Mattie reading one of his poems.

Re: Appointments

Planning Commission

Councilmember Hoffmann made a motion to approve the appointment of Catherine Ostell as a member of the Planning Commission until July 1, 2012, and of John Tyner II as a member to fill an unexpired term until February 1, 2011.  The motion was seconded by Councilmember Dorsey

In discussion of the motion, Councilmember Marcuccio said she would abstain from voting on the appointments because she still believed that there should be a process instituted for the selection of appointees to the commissions governed by Article 66B (the Planning Commission, the Board of Appeals, and the Historic District Commission).

Re: Citizens' Forum 

Re: Mayor and Council’s Response to Citizens' Forum

Mayor Giammo thanked all of those who had participated in Citizens Forum this evening.  Councilmember Robbins echoed the expression of thanks, citing the statements made by Mr. Stigile, Ms. Mullican, and Ms. Hanessian.

Councilmember Dorsey commented on the poignancy of the recording of Mattie Stepanek’s poem.  He said he thought that the recording might be a suitable addition to the time capsule for Town Center.

Councilmember Marcuccio commented on several of the items mentioned at citizen’s Forum, including Redgate’s doing so well and the proper disposal of flags at the Flag Day ceremony.  She also mentioned two events that had taken place on June 30, the King Farm Party and the 50th Anniversary of the purchase of the civic center property.
Mayor Giammo said he wanted to commend art Stigile for the thoughtfulness of his comments throughout the refuse and recycling deliberations.  The Mayor added that he thought that Mr. Pierczala had stated the situation exactly, that no further analyses were necessary and that what was now necessary was the leadership to make a decision.

Re:      Introduction and Adoption of Ordinance to amend Chapter 23, entitled, “Traffic,” of the Rockville City Code by adding a new Section 23-8 entitled, “failure to pay penalty” so as to provide for late fees for certain motor vehicle violation citations

Ordinance No.

Upon motion by Councilmember Marcuccio, duly seconded by Councilmember Hoffmann, and unanimously passed, the Mayor and Council voted to waive the layover requirement.  Upon motion by Councilmember Hoffmann, duly seconded by Councilmember Dorsey, and unanimously passed, Ordinance No.  –07, amending Chapter 23, entitled, “Traffic,” of the Rockville City Code by adding a new Section 23-8 entitled, “failure to pay penalty” so as to provide for late fees for certain motor vehicle violation citations, was adopt

Re: Discussion and Instructions to staff regarding Ordinance to amend Chapter 10.5 of the Rockville City Code, entitled “Forest and Tree Preservation” to add a new definition for “afforestation level,” modify the definitions of “forest” and “specimen tree,” and make certain other amendments to the definitions in Chapter 10.5; to modify the criteria for forest stand delineations and forest conservation plans; to generally amend the provisions pertaining to the retention of existing forest cover and individual significant trees, including requiring, with certain exceptions, the retention of forest and trees in priority retention areas, establishing conditions under which clearing may occur within priority retention areas, and establishing the conditions for satisfying retention requirements in non-priority areas; to amend the exemptions from the afforestation requirements so as to limit the single record lot exemption to residential lots only and to exempt certain linear projects, as defined by the State Forest Conservation Technical Manual, and make certain other amendments to the afforestation requirements; to establish a preferred sequence and priorities for tree replacement requirements in addition to reforestation and afforestation requirements; to eliminate the option of satisfying tree replacement, reforestation, and afforestation requirements with off-site plantings; to modify the provisions pertaining to payment of a monetary amount in lieu of on-site tree replacement, reforestation, and afforestation; to require that the forest conservation maintenance agreement require eradication and control of exotic/invasive plants and to provide for the extension of the maintenance period under certain circumstances; to amend the provisions pertaining to inspections; to make certain other clarifying modifications and amendments; and to otherwise generally amend Chapter 10.5 of the Rockville City Code.

City Forester Wayne Noll reviewed some of the purposes of the ordinance would be to clarify and strengthen the direction of the Mayor and Council to require developing sites to meet all forestry conservation requirements on site, provide specifications for minimum tree coverage for development standards, and to add language regarding invasive and exotic plants.  Mr. Noll also outlined additional changes that have been incorporated into the ordnance as a result of testimony during the Public Hearing on May 14 and the two-week open comment period. 

These include:

• The minimum tree requirement for Town Center and Rockville Pike Corridor Zones is reduced from 15% to 10%.  Due to the density of development allowed in these zones, there is limited space for tree planting.  This percentage of tree cover is consistent with the amount of tree cover that was achieved in Town Square.
   
• Projects that do not require a sediment control permit because of the land disturbance is less that 2500 square feet, were formerly exempt from meeting forestry requirements .  Recommended language has been added whereby if the critical root zone of significant trees will be impacted by the proposed development activity, a tree protection /replacement plan will be required
   
• Recommended language for the maintenance period for required planting so as to defray confusion about any forfeiture of the developer’s bond or other security
   
• Language has been clarified regarding how the revisions will be applied to multi-phased projects such as Tower Oaks, Fallsgrove and King Farm that have an approved Preliminary Forest Conservation Plan, with new forest retention requirements not being applied to these projects because this could significantly impact how the remaining undeveloped tracts could be developed.  However, minimum tree cover and on –site significant tree replacement will apply.
   
• Language has been added to clarify the duration of the validity period for approved Preliminary Forest Conservation Plans.   These plans shall remain valid for the duration of the period of the underlying approval, unless the City Forester determines that site conditions have changed to the point where the preliminary approval is no longer accurate.

Mr. Noll said that staff would also recommend that a revision regarding penalties be clarified regarding when a stop work order can be issued and subsequently lifted. 

In questions, the Mayor and Council asked about the timing of the decision regarding the COPT development on Gude Drive.  In terms of the proposed reduction from 15% to 10% for the minimum tree coverage for Town Center and Rockville Pike, Councilmember Hoffmann she thought that 10% should be the minimum cap, with 15% still being an admirable goal.

Councilmember Dorsey wondered what would happen if it was not entirely possible to meet the minimum requirements on site.   Mr. Noll spoke about the need for written justification if this was the case.  There was discussion about the merits of “fee in lieu,” which Burt Hall, Director of Recreation and Parks said had been very beneficial in planting additional street trees throughout the City.  It was also mentioned that the additional requirements of the ordinance would really add to the overall tree canopy of the City.  Mr. Noll said that several fee revisions were being considered, including an option that would cover fee in lieu for maintenance rather than just for replanting.  The timeline for those revisions would be September.

Councilmember Dorsey commented on the other side of having more trees, which was the need to take care of them and maintain them.  Mr. Noll said that was some more funding projected for the upcoming fiscal year for helping with maintenance.  There was also discussion about how the ordinance did not affect individual residential lots that have no improvements on them.

In Discussion and Instructions, Councilmember Hoffmann said she liked the changes presented, and that had had never favored the fee in lieu being so easily available.  Councilmember Robbins echoed that, saying she felt that the ordinance demonstrated the City’s respect for trees as an important part of the environment.

Mayor Giammo asked if 15% was truly unachievable in Town Center and along Rockville Pike.  Mr. Noll said it would be hoped that 15% was possible, but that 10% as a minimum was achievable.  Mr. Hall said that there were reasons why, in an urbanized situation, it can actually be harmful for trees if that is not sufficient area for growth.  Councilmember Marcuccio asked if the City would be held to the same standard as others, and Mr. Hall said it would.

There was also discussion about an addition to the building code about if work is going to do potential harm to someone else’s tree, which Mr. Dorsey said he endorsed because of the concerns about tree maintenance that he had articulated earlier in the evening.

Upon motion by Councilmember Hoffmann, duly seconded by Councilmember Dorsey, the Mayor and Council voted unanimously voted to direct staff to proceed to bring the ordinance back for adoption.

Upon motion by Councilmember Hoffmann, duly seconded by Councilmember Dorsey, and unanimously passed, the Mayor and Council directed staff to return with some possible changes in the City’s building code to address concerns about potential harm to trees on neighboring properties

Re: Discussion and Instructions to staff regarding Water Quality Ordinance to enact a new Chapter 23.5 of the Rockville City Code entitled, “Water Quality Protection,” to protect the quality of surface waters and groundwater within the City by prohibiting or otherwise regulating the discharge of certain pollutants into such waters, by regulating certain land use practices so as to prevent such discharge, by providing for inspections of property and water quality monitoring, by providing for corrective action and enforcement remedies for violations of the provisions of the chapter; and to otherwise satisfy the requirements of the NPES permit issued to the City by the State of Maryland.

Chief of Environmental Services Mark Charles reviewed the provisions in the ordinance including revisions that had been made as result of testimony presented at the May 14 Public Hearing and during the public comment period, including suggestions from the Environment Commission.  Councilmember Marcuccio commented that she thought that the changes had been very helpful, for example, those related to the appeals process.  Assistant City Attorney Sondra Block said that it was felt that the appellate process should be handled in-house similar to that used in the Animal Matters Ordinance.

Commenting on a picture of some damage caused by the putting some paint in the storm drain, Councilmember Robbins said that a “picture is worth a thousand words.”  Mr. Charles said that the situation just happened to be timely for this presentation, but was certainly illustrative of the types of damage that can be caused by negligence.

The Mayor and Council thanked staff for their work on this matter.  Upon motion by Councilmember Dorsey, duly seconded by Councilmember Hoffmann, and unanimously passed, the Mayor and Council instructed staff to bring the ordinance back with the changes described this evening for adoption.

Re: Refuse and Recycling Program

Director of Public Works Craig Simoneau reviewed the projected rates for the refuse and recycling program as directed by the Mayor and council at an earlier meeting last spring.  Mr. Simoneau said that the FY2010, FY2011, and FY2012 rates are estimates, which reflect all of the “straw votes” taken by the Mayor and Council at that time.  Implementation of the changes would occur over several years, with full implementation scheduled for FY2012.

Councilmember Hoffmann said that, at the time of the straw vote, she had abstained from voting on the issue of how often to have refuse pick-up because she wanted to see some information about the once per week option.  Mr. Simoneau said that the estimated rates for FY 2012 would be:

• Semi-automated, twice per week  $40.70
• Current, manual system  $38.60
• Semi-automated, once per week $32.75

Councilmember Hoffmann asked if Mr. Simoneau could explain why, at once per week, the costs stabilize somewhat.  Mr. Simoneau said that once per week service required running fewer vehicles and only replacing vehicles, not purchasing new ones.  Also the costs for fuel would be less and personnel costs would decrease with fewer workers needed after FY10.  Councilmember Hoffmann asked for clarification about the loss of jobs, but Mr. Simoneau said that, given attrition rates, no one would lose their job.  Councilmember Hoffmann also asked if once per week were utilized, when the system would achieve the thirty-day reserve desired for cash flow purposes and Mr. Simoneau responded that would occur in FY2012.

Councilmember Robbins expressed a concern about the number of people needed to man a truck with the semi-automated system.  She said she did not want only one person to be on a truck.  Mr. Simoneau said that generally there would be two people per truck.  The exception would be the knuckleboom truck.

Councilmember Marcuccio expressed her concern that the cost savings were not as significant as she thought they might be in the once per week scenario.  She also said that a factor in her preference of twice per week was that only a small part of the City had experienced the pilot of once per week service.

Mayor Giammo said that the numbers only serve to crystallize his support of one per week pick-up.  Councilmember Hoffmann paraphrased Carl Henn ’s comments during Citizens Forum that once per week was better and cheaper.  She made a motion to support all of the results of the straw vote with the exception of twice per week, with the option of twice per week if there was also an option for once per week if a decision could not be made.

Councilmember Dorsey said he would second the motion.  Councilmember Marcuccio said she could not support it because not ever person in the City had voiced their opinion.  Also, she felt there were a number of areas in the City where it could not work.

Councilmember Hoffmann asked for clarification about how an option for once per week would work and Mr. Simoneau said that people would be exempted.

Mayor Giammo said there was no way to ever hear from everyone and that staff had considered how to work out issues in various areas of the City.

Councilmember Robbins expressed her feelings that there had been a rush to judgment about the merits of once per week service versus twice per week service.  She said she thought there would be an uproar from the citizenry if the Mayor and Council decide to go with once per week and that the process leading to a decision was not the way to “do government.” 

Councilmember Dorsey said that the City might get to once per week eventually, but that the timing was not right.  He spoke of his desire to see a “Blue Ribbon Commission.”  Councilmember Hoffmann said that the Mayor and Council had been elected to make just these kind of decisions and with drew her motion.

Councilmember Marcuccio said that she felt some important things had been learned in the process, but reiterated that she felt that what was mission was a clear mandate from the citizens that this is what they wanted.  She added that the crux of the matter was that once per week should be considerable less expensive, which it did not seem to be.  Councilmember Marcuccio said she did not object to the intent of Councilmember Hoffmann’s motion, with the eventual phase –in to once per week.  However, that would necessitate a charter change, which could not occur quickly.

Councilmember Hoffmann speaking to Mr. Stigile’s point during Citizens’ Forum that the people who wanted twice per week should have organized, said that the reason they did not is that based on the instructions of the Mayo and Council in March, they thought twice per week was a fait accompli.  She said she was not prepared to vote tonight.

Mayor Giammo said he did not feel that if a decision is made tonight that the Mayor and Council would have rushed to judgment.  The Mayor said that if additional expenditures were made to buy extra trucks, carts, etc. for the twice per week, semi-automated, and then the change was made to go with once per week later, all of those expenditures would have gone for naught.

Councilmember Hoffmann said she realized that emotions run high on this issue, but she was hoping her motion would have been seen as a compromise even if it would require a charter amendment.

There was further discussion about the merits of twice per week pick-up versus once per week.  There was also discussion about when the pilot should end.  Councilmember Hoffmann made a motion to begin the public process for a charter amendment, which was seconded by Councilmember Dorsey.  The motion failed on a vote of three to two, with Mayor Giammo and Councilmember Hoffmann voting, “aye,” and Councilmembers Dorsey, Marcuccio, and Robbins, voting, “nay.”

Upon motion by Councilmember Marcuccio, duly seconded by Councilmember Dorsey, and unanimously passed, a motion was made to direct staff to implement the recommendations from the “strawman” votes last March, including twice per week pick-up.

In discussion on the motion, Mayor Giammo said that he felt that once per week was better because twice per week would be at a considerably higher cost to the consumers.  Councilmember Marcuccio said that it could be understood that this could still be explored further.  Councilmember Robbins said that she did not like the scare tactics that she thought were being employed and that, like all of the City’s services, refuse and recycling would continue to be examined and discussed.

Councilmember Dorsey said that he wanted to commend the Art Stigiles of the world, even if he disagreed with the outcome, because he helped to bring the issue to light.  Councilmember Dorsey said that this was one of the toughest decisions that he had made as a member of the City Council.

Mayor Giammo said he thought the Mayor and Council owed the people of Rockville the truth about the numbers and that he found it unrealistic to believe that the City would move from twice per week to once per week once this opportunity had passed.  Mayor Giammo asked Mr. Simoneau when the pilot would end if a decision were rendered this evening.  Mr. Simoneau said a notice could go out with the notice to end the pilot within thirty days, probably by the end of August.

The vote was taken on the motion, with Councilmembers Dorsey, Marcuccio, and Robbins voting, “aye,” and Mayor Giammo and Councilmember Hoffmann voting, “nay,” the Mayor and Council reaffirmed all of the directions give to staff regarding the refuse and recycling program, including twice per week pick-up.

Mayor Giammo expressed his thanks to all of the staff involved for all of their work on this project.

Re:     Boards and Commissions Update

Mayor Giammo asked Councilmember Marcuccio about some changes to the process for appointments to the City Boards and Commissions governed by 66 B.  He asked Councilmember Marcuccio what she wanted from the Mayor and Council at this time.  Councilmember Marcuccio relied that she was asking for input at this point.  Mayor Giammo said to let him know when she was ready to formally discuss this.

Re:      Adjournment

There being no other business, the meeting adjourned at 10:53 p.m.