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Home > Government > Mayor and Council > Agendas and Minutes > 2007 > Minutes > Meeting 29-07 September 17, 2007


Mayor and Council

APPROVED: Meeting No. 33-07
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MAYOR AND COUNCIL
ROCKVILLE, MARYLAND

Meeting No. 29-07
September 17, 2007

The Mayor and Council met on Monday, September 17, 2007 at 7:06 pm in the Mayor and Council Chambers, Rockville City Hall, 111 Maryland Avenue, Rockville, Maryland.

PRESENT

Mayor Larry Giammo

Councilmember Robert E. Dorsey

Councilmember Susan R. Hoffmann

Councilmember Phyllis R. Marcuccio

Councilmember Anne M. Robbins

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

Re: Agenda Review

City Clerk Claire Funkhouser reported that there were no changes to the agenda this evening.

Re: City Manager’s Report

City Manager Scott Ullery reported on the following:

1) Lt. Robert Rappaport graduated from the FBI Academy and he has also been appointed to the rank of captain.  Lt. Rappaport is the first officer to be a FBI Academy graduate while serving with the Rockville City Police Department. (Chief Terry Treschuk is also a graduate).

2) The City achieved a “AAA” bond rating from Standards and Poors and Moody’s.  Rockville is the only city in Maryland with this credit ranking and only one out of fifty-five cities within the nation with a population of 75,000 or less to have this bond rating.  Mr. Ullery thanked Mayor Giammo, Director of Finance Gavin Cohen, and Director of Community Planning and Development Services Art Chambers for participating in the interviews with the bond agencies.  Mr. Ullery said that, in their report, the bond agency cited Rockville’s strong local economy, sound financial practices and policies, and the success of town center as the primary reasons for Rockville being able to achieve the “AAA” bond rating.

3) Rockville University’s new semester will begin on September 19.
Councilmember Hoffmann said that she is very proud of the AAA bond rating and thanked staff, especially Mr. Ullery and Mr. Cohen.  Councilmember Robbins congratulated Lt. Rappaport for his achievement.  She also mentioned the role of staff and Mayor Giammo in obtaining the “AAA” bond rating.

Re: Appointments

Environment Commission (Councilmember Marcuccio)

Upon motion by Councilmember Hoffmann, duly seconded by Councilmember Dorsey and unanimously passed, Seth Adams was appointed as a member of the Environment Commission to fill an unexpired term until April 1, 2009.
Upon motion by Councilmember Marcuccio, duly seconded by Councilmember Hoffmann and unanimously passed, Michelle Clark was also appointed as a member of the Environment Commission to fill an unexpired term until April 1, 2009.

Historic District Commission (Councilmember Hoffmann)

Upon motion by Councilmember Hoffmann, duly seconded by Councilmember Dorsey and unanimously passed, Con Hitchcock was reappointed as Chair of the Historic District Commission until September 1, 2008.

Traffic and Transportation Commission (Councilmember Marcuccio)

Upon motion by Councilmember Marcuccio, duly seconded by Councilmember Hoffmann, the following appointments to the Traffic and Transportation Commission were made. 

  • Alan Levine reappointment as a member until September 1, 2009
  • Richard Resnick reappointed as a member until September 1, 2009
  • Amy Roselle reappointed as a member until September 1, 2009

Re: Citizens’ Forum

CITIZEN

TOPIC

Faith Klareich, Chair of the Environment Commission

Recommendation of the Environment regarding the formation of the Refuse and


Recycling Commission

David Davis, Member of the Environment Commission

Recommendation of the Environment regarding the formation of the Refuse and Recycling Commission.

Moreno Carrasco, Principal, Richard Montgomery High School (RMHS)

RMHS Pedestrian Safety

Kate Savage

RMHS Pedestrian Safety

Lance Simon  

RMHS Pedestrian Safety

Rosie Greenberg

RMHS Pedestrian Safety

Mark Pierchzala

RMHS pedestrian safety; possibility of timed red light; number of candidates in this year’s election; the need for people to vote

John Britton 

RMHS pedestrian safety

Piotr Gajewski

RMHS pedestrian safety

David L’Heureux

Sister City visit; recommendation to name I-270 pedestrian bridge as the Sister City Friendship Bridge

Ted Reuther and John Moser

Program for Sister City Visit

Barry Kolb

RMHS pedestrian safety; need for cable competition

Scott Wallace, Esq., Linowes & Blocher

Agenda Item 7(I) request for public hearing; Fortune Parc clients.

Art Stigile

Petition to reinstate the refuse pilot program

Carl Henn

RMHS pedestrian issues; environmental benefits of improving pedestrian safety

Brigitta Mullican

RMHS pedestrian safety; senior needs assessment; Sister City celebration; candidate debates beginning on September 25th; Verizon competition

Richard Gottfried

Candidacy for council; fourth quarter financial report; senior needs assessment

Eric Guckenheimer

Refuse and recycling program; RMHS pedestrian safety

Drew Powell

City budget; pavers in Town Square; RMHS pedestrian safety

Re: Mayor and Council’s Response to Citizens' Forum
 
Mayor Giammo thanked everyone for coming to citizens’ forum.  Councilmember Hoffmann commended the Sister City Commission for its part in the recent Wine Festival in Town Center.  In response to Mr. Kolb, Councilmember Hoffmann said that the Mayor and Council asked Verizon to restore the right of way after they have finished their work, but Verizon refuses to guarantee to do so.  Mayor Giammo said that he is still waiting for Verizon to answer some of his own concerns, including Verizon not being willing to record where the lines are after they are installed.  Mayor Giammo added that Verizon has not had a good track record within the community.  Also, there is an issue regarding the possible delay of delivery, which may not take place for the City in its entirety until five years after any agreement is signed.  Another issue is that Verizon may start within the richer communities within Rockville prolonging delivery to certain areas of the City. 

In response to all of the speakers about pedestrian safety at Richard Montgomery, Councilmember Robbins did not have any children at that school, but she taught there.  She spoke to Mr. Simon regarding the death of a Wootton High School student several years ago and said that Wootton High School is very much a model.  In California, where she lived a long time ago, cars stopped for pedestrians.  She added that if the City can find millions of dollars for an art center, they should be able to find money for this.  Councilmember Robbins thanked Mr. Moser, Mr. Reuther and Mr. L’Hereaux for their comments, saying that she is very excited about the Sister City visit.  Referencing the needs assessment for senior services, Councilmember Robbins cited a series of Washington Post articles that she read recently concerning the needs of the elderly. 

Councilmember Marcuccio echoed the sentiments about pedestrian safety at Richard Montgomery High School of which she is alumna and hopes that everything possible is done to keep students safe.  She said she hoped hopes that they would consider streets in every direction.  Besides pedestrian safety, she has concerns about traffic too.  Regarding Mr. Gajewski’s comments regarding geographic dispersion requirement for the Refuse and Recycling Commission, Councilmember Hoffmann said that she would consider the suggestion that there just be a reference to geographic dispersion rather than specific guidelines for that dispersion.  Councilmember Marcuccio concluded by saying that she always appreciates Mr. Gottfried’s suggestions that she finds to be very helpful. 

Councilmember Dorsey thanked the adults who had urged the students to come this evening.  He reminded all students and parents to not give up even if it seems that things are not going their way for a time.  He suggested getting MCPS involved with the issue.  He said Rockville was developed during a time when the emphasis was on the automatic.  Citing the large number of candidates in Citizens Forum, Councilmember Dorsey suggested calling it “Candidate Forum.”  He pointed out the word “friendship” in the naming of the bridge and likes the idea. 

Regarding the placement of any traffic lights to serve the are surrounding Richard Montgomery High School, Mayor Giammo said he is intrigued by the question and suggestion for the placement of one at the crosswalk at E. Jefferson Street and Fleet Street.  He said that being on a curve, that would be the most dangerous location.  Mayor Giammo said that he often drives through the area when school gets out and is amazed how the students do not follow any directives regarding pedestrian laws.   Regarding Mr. Wallace’s comments about Item 7 (I) on the Consent Agenda, Mayor Giammo wanted everyone to know that Mr. Wallace is representing a developer who has filed suit against the City. 
In conclusion, Councilmember Robbins commented that, while lengthy, this Citizens’ Forum certainly had a bit of everything in it. 

Re: Consent Agenda

Councilmember Marccucio asked for a little more information on Item F and whether it is proper to have an introduction of ordinance on the consent agenda.  Mr. Glasgow responded if it is considered non controversial it is certainly ok and if not controversial it is the norm for introductions to be placed on the consent agenda.  

Upon motion by Councilmember Hoffmann, duly seconded by Councilmember Dorsey and unanimously passed, Consent Agenda items A through F were approved as follows:

A) Approval of contract extension of Rider Bid No. 4185.1 (Montgomery County Public Schools) for the purchase of deregulated natural gas for City facilities

B) Award of Contract T Pessoa Construction Company, Inc.Of: Fairmont Heights, Maryland In the amount of: $216,435.00 For: Construction of the Beall Avenue Sidewalk, Phase I

C) Approval to increase Purchase Order #CNV28301 T Apex Companies
Of: Rockville, Maryland In the Amount of: Not to exceed $10,740.00 (for a final design cost of $110,162.00) For: Additional engineering services to design for Maryvale Park stormwater management and park improvements

D) Award of Rider Contract through Prince George’s County Government Contract No. PO 60785D6025 For: Construction of a new signal at the intersection of Richard Montgomery Drive and other miscellaneous traffic signal devices during FY 2008

E) Award of Bid No. 29-08T Grandturk Equipment Co., Inc. for rear loading refuse trucks

F) Introduction of Ordinance to amend Chapter 21 of the Rockville City Code entitled, Streets and Public Improvements,” Sections 21-27, 21-41, and 21-42 to clarify, restate and reaffirm that the provisions in these sections only apply to roads and properties that lie within the corporate limits of the City and that no person or entity shall have any right or entitlement to connect any County road or private road located outside the corporate limits of the City to a City road or complete an intersection to any City road

Re: Review of the 2007 Senior Citizen Needs Assessment Survey

Lorraine Schack, Senior Social Services Manager, introduced Tom Miller of the National Research Center, the consultant the City hired to conduct the needs assessment.  Ms. Schack said that this is the third needs assessment that the City has done regarding the needs of seniors.  She said the survey is one of multiple sources designed to receive feedback, but this is the only one that was designed to receive feedback throughout the City, not just for users of the Senior Center. 

Ms. Schack added that the City’s Senior Citizens Commission played an active role in the development and analysis of the needs assessment and introduced several members of the Commission present.  In general, the results were positive and did not reveal any major surprises. 

Mr. Miller thanked Ms. Schack, commenting that his work with her continued his experience working with very capable staff in Rockville.  Mr. Miller said that he has worked with other communities that belong to ICMA and has found that most municipalities are really not planning for the tremendous influx of seniors just around the corner due to the aging of the baby boomers.  Mr. Miller said this has been referred to as the “Senior Sunami.”  He said that Rockville is certainly on the front edge by working on trying to prepare for the needs of seniors now, and in the future. 

Mr. Miller reviewed the methods that were used for the survey, which was a mail survey.  There was a 43% response rate, which was very high.  Multi-lingual options were used to participate in the survey instrument, whose results were weighted.  Mr. Miller also reviewed the demographics of the respondents.  He said that the respondents to this survey were a more homogenous group than the respondents to the citizens’ survey, which had taken place last winter. 

The older adults rated the City of Rockville higher as a place to retire than those surveyed in the general survey.  Seniors in general said the reasons for continuing to live in Rockville included location, friends and family, safety and comfort in their neighborhoods.  In terms of likelihood of retiring in Rockville, most said they would, except those who obviously have already retired.  In terms of what seniors are willing to pay for, the highest services were home maintenance, snow removal, yard care and house cleaning.  The things they are least likely to pay for are mental health services and assistance with health insurance forms.  The oldest adults were willing to pay for personal care and transportation. 

In terms of people who actually use the Senior Center, many seniors do not use it and Mr. Miller said that this is not abnormal for communities.  Of those who do use it, most use the fitness programs, classes and special events.  Least used are the lunches and the lengthier trips.  In terms of where seniors get their information, most obtain it through either the Gazette or Rockville Reports.  Mr. Miller said that this is an area that is likely to change with the computer literacy of younger seniors and other adults becoming more computer literate. 

The single most important issue to seniors, as surveyed, seemed to be affordable housing, followed by property taxes, health care and acceptable transportation.  In terms of affordable housing, concerns cut across all groups and the main concern deals with the availability of a variety of housing types, including housing that is physically accessible.  In terms of transportation, the greatest needs seemed to be for medical trips and recreational trips for women who are over the age of 85.  Most people are not using public transportation and most of the seniors are still driving.  For comparative purposes, Mr. Miller commented that 92% of adults are driving and of those people that are seniors, 90% of them are driving.  In terms of health care, the affordability of good health care is a very real concern of seniors.  The recommendation is to try to find other new ways to provide affordable and accessible housing, to provide more transportation alternatives that are more acceptable to people, and ways to promote affordable health care and independent living with an emphasis on aging in place. 

At the end of Mr. Miller’s presentation, Ms. Shack that staff will go through an initial analysis of the results of the survey to look at some of the general topics involving Rockville as a viable place for people to retire and live into their old age.  This will go back to the themes of affordable housing, in-home alternatives for care, programs at the Senior Center that are meaningful to people as they age, and more accessible bus and car travel.  There will be information in the November issue of Rockville Reports about the survey.  In terms of implementing any recommendations of the survey that would require additional financial resources on the part of the city, Ms. Schack said that staff analysis would explore some of those costs and potential impact to the city’s budget.  

Councilmember Hoffmann asked if there would be a way to answer some of the “whys” of the questionnaire.  She wondered if it is a result of limited income as to why people were not accessing some of the services and wondered if the City could act as a broker so that people could find some of the services they need. 

Councilmember Hoffmann said it would be important to get out more information about both the Town Center shuttle and the Senior bus service.

Councilmember Dorsey said he would have liked to have had more information from seniors living in the more institutional services in Rockville.

Councilmember Robbins said she had worked hard with developers in the City to make sure that senior housing was a component of their projects.  She also mentioned that she knew many people in Rockville, primarily women, who were living just on their spouse’s Social Security, who were very stretched to pay property taxes.  She said she was pleased that the Governor had included some reductions for seniors in his tax proposals.

Councilmember Marcuccio asked for some clarification about what constituted affordable housing and Mr. Miller said that would generally be considered housing that did not exceed 25% to 30% of gross income.  Councilmember Marcuccio also wondered why there was so little participation in the Senior Center by the elderly throughout the City.  She said she would like to have more specifics about the demographics of the City in general as related to this issue.

There was discussion about the issue of the City being so strict on compliance with home repairs versus people being willing or able to pay for those services.

Mayor Giammo asked when the Mayor and Council could expect to hear some more about the ramifications of the result of the survey.  Director of Recreation and Parks said that staff would continue with their analysis and return as soon as they can.  As part of this, they will be looking at other data, including the recent Senior Needs Task Force findings.  Mr. Hall said that there was already some work being done on “Aging in Place”,” including a conference scheduled for October and November.

Re: Adoption of Ordinance to amend Chapter 20 of the Rockville City Code, entitled, “Solid Waste,” so as to establish a Refuse and Recycling Commission and to establish the membership requirements and duties and responsibilities therefore

Ordinance No. 20-07

City Manager Ullery pointed out the correspondence for the Environment Commission that had been submitted.  Mayor Giammo noted that Faith Klareich and David Davis of the Commission had also testified to this issue this evening during Citizens Forum.

Councilmember Marcuccio said she had taken into consideration concerns about the specifications in the proposed ordinance about the geographic requirements and made a motion to strike Section 21.61.B2 and to insert “geographic location” as one of the qualifications in Section 21.61.B3.  Councilmember Dorsey seconded the motion and it was approved, with Councilmembers Dorsey, Marcuccio, and Robbins voting, aye,” and Mayor Giammo and Councilmember Hoffmann abstaining.

Councilmember Hoffmann said she thought that Ms. Klareich and Mr. Davis had made a cogent argument that the Environment Commission could handle this responsibility.  Another viable option would be a task force that could work for a while, but have an end date.  It could also include members of other groups such as the Planning Commission, Environment Commission, etc., to ensure their input. 

Councilmember Marcuccio said she thought the Environment Commission already had a lot to do such as work on the City’s Environmental Strategy and that it was not appropriate to ask them to do more.  She said that this was an issue that was not going away and that an on-going group was appropriate.

Councilmember Robbins said that she thought more of a “human element” was needed on this issue and that she felt that a group of citizens who could be focused on just this issue could be very instrumental in helping people through out the City to feel involved.

Councilmember Dorsey said he was eager to move on this and that he felt the true benefit could be the input on recycling.

Mayor Giammo said that he still believed that this is not a complicated issue and that the formation of the Commission would add bureaucracy that the City did not need. Mayor Giammo said that he agrees with Ms. Klareich and Mr. Davis and does not understand why the Environment Commission would not look at this.  There are a limited number of initiatives for which there is no group commissioned, including, street trees, etc.  The Mayor said he predicts that there will be difficulty with who gets appointed to the Commission and fears that the creation of such a group furthers keeping the issue in perpetuity. 

At this point, a motion was taken with Councilmembers Dorsey, Marcuccio and Robbins voting “aye,” and Mayor Giammo and Councilmember Hoffmann voting “nay,” a new Refuse and Recycling Commission was created by Ordinance No. 20-07.

Re: Naming of the Pedestrian/Bicycle Bridge across I-270 at MD 28 as the Rockville Sister City Friendship Bridge

Councilmember Marcuccio asked if this would be part of the upcoming celebration with Rockville’s Sister City, Pinneberg, Germany.  Ms. Thompson responded that, unfortunately, the bridge would not be ready to be dedicated in time for the Sister City visit but that when the dedication does occur, people from Rockville’s Sister City Task Force would be part of the celebration.  Mayor Giammo asked if any other suggestions for the bridge name had been entertained and Ms. Thompson responded that there had not been any other ideas.  Mayor Giammo said he wondered if this issue could have been thought of a bit more broadly since Rockville is a crossroads of the world with its intersection of many cultures. 

Upon motion by Councilmember Marcuccio, duly seconded by Councilmember Robbins and unanimously passed, the Pedestrian/Bicycle Bridge across I-270 at MD 28 was officially named the Sister City Friendship Bridge

Re: Review and Comment on schematic design and building location for an eight story, 262,717 square foot building and parking structure located at the intersection of King Farm Boulevard and Piccard Drive in the Irvington Centre section of the King Farm development (Reference Comprehensive Planned Development Detailed Application CPD2007-002AM)

Planner Rebecca Torma said that this might be the last building that the Mayor and Council would be required to review.  She showed the Mayor and Council a map illustrating the orientation of the office building.  The developer’s attorney, Barbara Sears, said that this is the fourth corner of the office building and is situated near the new Sheraton Hotel. 

Councilmember Hoffmann asked why this building is a little taller and Ms. Sears responded that it is because it is nearer to I-270 and the buildings are planned to be higher there.  Councilmember Hoffmann inquired about the leasing and Ms. Sears said that they are looking at a very large potential tenant, which might need offices in two buildings.  Councilmember Dorsey asked how “green” the building was in terms of environmental elements.  Mr. Mike Patton, the architect, said that some recycled materials have been used and environmentally efficient systems, but there were no plans to pursue LEED certification.

Mayor Giammo said that it is interesting to see the office area come to fruition, adding that he felt that each office building individually together the area appears a bit boring and he hopes that experience will prove helpful in the future in terms of development.

Re: Fourth Quarter FY2007 Budget Financial Report

Budget Officer Stacey Tate reviewed the variances in the report, but there is also a need to have more reserve revenue in FY2008 to account for the higher budget amount to keep the amount in reserve to the percentage in compliance with the City’s financial policies.  The fourth quarter budget report, which is the last one for the year, cites an additional $1.3 million higher in income tax revenue and $1.8 less spent for positions due to attrition and open positions.  There was an increase in the expenses of the refuse fund due to the use of temporary workers, and there were lower revenues in the stormwater management fund. 

For the first time, speed camera fund is now reflected in the budget with revenues for May and June.  332 tickets were issued in May and 1,718 were issued.  The disparity is because the speed cameras were only up and running for part of the month of May. 

Councilmember Marcuccio said she had noticed that the interest income in the water fund and sewer fund were lower and Mr. Cohen said that the interest rates are more volatile than some others due to capital balances.  Councilmember Marcuccio said that she is also pleased to see Redgate doing better.  Mr. Hall said that it was a good year for golf due to the weather, but bad in terms of drought and keeping the greens in good shape.  Councilmember Marcuccio asked when the extension of the driving range would be completed and Mr. Hall responded that it would occur this fall.  Councilmember Marcuccio asked when we would see some of the CIP and other items and Mr. Ullery said that would be occurring as a budget amendment this fall.  Councilmember Hoffmann asked about the vacancies and the frozen positions and Mr. Ullery said that issue would return with a budget amendment.  Mayor Giammo thanked staff and said that the reports are much improved and certainly clearer to understand.

Re: Future Agendas

Mr. Ullery said that staff plans to bring the rewrite of the Zoning Ordinance to the Mayor and Council on October 8.  He said that the RORZOR group has finished their work, there is no substantive recommendation, just filing and to be followed up by an extensive public process and then the zoning ordinance will go to the Planning Commission for its review prior to Mayor and Council action sometime next year.

Re:  Adjournment

There being no further business, the Mayor and Council adjourned at 10:30 pm. 


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