Re: Proclamation declaring May 1 through May 31, 2008, the Chief’s Challenge Month as Click It or Ticket Safety Belt Enforcement Month

The Proclamation was read by Councilmember Marcuccio, who moved for its adoption.  The motion was seconded by Councilmember Britton and unanimously passed by the Mayor and Council.  Sergeant Walsh and Corporal Swann of the Rockville Police Department gave out toy bears as souvenirs of the safety initiative.  Sergeant Walsh explained the importance of using safety belts and seats correctly and consistently.

Re: Presentation from the Rockville Lions Club to the City of Rockville’s Recreation Fund

Craig Cano, President of the Rockville Lions Club, which is in its 70th year of operation, presented the check to the Mayor and Council.  Ten young people will be able to attend Rockville camps as a result of the club’s gift.  Mayor Hoffmann thanked the members of the Club who were present for their generosity.

Re: Appointments

Environment Commission

Upon motion by Councilmember Marcuccio, duly seconded by Councilmember Robbins, and unanimously passed, Steve Cardon was appointed as a member of the Environment Commission until April 1, 2011.

Recreation and Park Advisory Board

Upon motion by Councilmember Marcuccio, duly seconded by Councilmember Robbins, and unanimously passed by the Mayor and Council, Wendy Braund and Adrienne Crutchfield (Youth Member) were appointed respectively as a member and the youth member of the Recreation and Park Board until April 1, 2010.

Human Services Advisory Commission

Upon motion by Councilmember Britton, duly seconded by Councilmember Robbins, and unanimously passed by the Mayor and Council, Sarah Duffy was reappointed as the Chair of the Human Services Advisory Commission until April 1, 2009.

Re: Presentation of the Final Report of the Citizens Mayoral Transition Advisory Group (TAG)

Mayor Hoffmann called Wilma Bell and Lou D’Ovidio, Co-Chairs of TAG to join the Mayor and Council at the podium.  Mr. D’Ovidio thanked all of the members of the group for their hard work.  Ms. Bell read an Executive Summary of the group’s major objectives. 

Ms. Bell said that, in the report, the TAG identified the following six key issues facing the City, along with possible solutions, timeline implementation, and ramifications to the City budget.  The following issues, presented in order of priority, are:

• Improve accessibility to parks and recreational facilities, and promote Rockville as a green city
• Improve modes of public transportation and traffic flow patterns to relieve congestion and make the city more pedestrian friendly.
• Expand affordable housing and maintain the diversity of housing types for all income levels
• Increase and accelerate the promotion of city unity, common interests, and identity.
• Improve and enhance relationships with and among city, county and state government agencies.
• Enhance communications with citizens by improving existing and utilizing innovative communication mechanisms.

Mayor Hoffmann thanked all of the members for their efforts.  The Mayor and Council recognized everyone on TAG with a Certificate of Appreciation.

Re: Citizens' Forum

Re: Response to Citizens’ Forum

Councilmember Gajewski commented on the following:

• Thanked Mr. Dahlberg for his invitation for the Mayor and Council to serve as honorary co-chairs of the Alzheimer’s Fair and Walk 
• Thanked Mr. Guckenheimer for his efforts regarding signage on vehicle and possible abuse of the right-of-way by car dealerships
• Advised Mr. Henn as to how to exert the influence of individual citizens 
• Thanked Mr. Gottfried for his comments on the budget

Councilmember Marcuccio commented on the following:

• Said that she would be happy to serve as an honorary co-chair of the Alzheimer’s Fair and Walk
• Added her thanks to Mr. Gottfried for his comments on the budget

Councilmember Britton commented on the following:

• Added his pleasure to be listed a as a co-chair of the Alzheimer’s Fair and Walk

Councilmember Robbins commented on the following:

• Added her support as a co-chair of the Alzheimer’s Fair and Walk

Re: Consent Agenda

Upon motion by Councilmember Robbins, duly seconded by Councilmember Britton, and unanimously passed, the following agenda items were approved:

A) Approval of Minutes for the following meetings:

Meeting No. 5-08 (March 3, 2008)
Meeting 6-08 (March 10, 2008)
Meeting No. 7-08 (March 13, 2008)
Meeting No. 8-08 (March 17, 2008)

B) Award of IFB 60-08, Provide and Install Play Equipment at Rockmead Park and College Gardens Park, including Park Amenities at Hillcrest Park, Play Equipment Rubber Safety Surface and Park Amenities at Silver Rock Park

C) Rejection of RFP #45-08, Municipal Swim Center HVAC Design/Build Services

Re: Public Hearing on Proposed Text Amendment TXT2008-00220 to allow additional encroachment of covered porches, steps and stoops into the front and rear yard setback areas

The Mayor and Council convened in Public Hearing regarding TXT2008-00220 to allow additional encroachment of covered porches, steps and stoops into the front and rear yard setback areas at 8:15 p.m.  The Mayor read a statement regarding the public hearing, saying that this is the second Public Hearing on the FY 2009 Budget; the first hearing was held on Monday, March 31.

The Mayor and Council heard testimony from Chief of Planning Jim Wasilak.  No other individuals came forward to testify on this matter.  The testimony of Mr. Wasilak can be found in the official public hearing file of the Mayor and Council in the City Clerk’s Office.  There being no other persons wishing to speak, the Mayor closed the public hearing at 8:19 p.m.  The Mayor stated that the public record would stay open until April 18 at 5:00 p.m.

Re: Adoption of Ordinance to amend Chapter 19 of the Rockville City Code, entitled “Stormwater Management and Sediment Control” so as to provide for a system of charges to support the City’s stormwater management, storm drainage, and related water quality programs by adding a new Article VI, entitled “Stormwater Management Utility,” providing for, among other things, the establishment of an annual Stormwater Management Utility Fee based on impervious surface measurement of real property, classification of real property for purposes of determining the applicable Stormwater Management Utility Fee, a more detailed description of the Stormwater Management Fund and its sources of revenue and permitted expenditures, authorization for Regulations implementing the provisions of Article VI to provide, among other things, for credits against the Stormwater Management Utility Fee and adjustments to the Fee, and providing for the collection of the Stormwater Management Utility Fee; and to further amend Chapter 19 by amending certain existing definitions and adding certain new definitions, and by otherwise generally revising and amending the provisions of Chapter 19 of the Rockville City Code.

Ordinance No. 5-08

Engineer Lise Soukup said that the ordinance was back with changes made by the Mayor and Council for final adoption.  Councilmember Marcuccio stated that she wished to renew her concern regarding the fees associated with the ordinance, although she knew that the adoption of the ordinance was not a budgetary action.

Director of Public Works Craig Simoneau said that matters relating to stormwater management and sediment control would now form a separate enterprise fund, rather than the costs appearing in the General Fund. 

Councilmember Marcuccio said that usually when there is consolidation, it results in economies of scale, but that this initiative would expand things.  Ms. Soukup replied that was because the City would be doing much more than it had in the past.

Councilmember Britton asked about credits for Low Impact Design (LID).  Ms. Soukup said that this is an area that would require further clarification.  Councilmember Britton asked if the City had encountered any resistance from other entities, both public and private, about the fees that would be imposed, and City Manager Ullery replied that indeed it had and that he expected much of the next year would be spent discussing these matters with concerned parties.

In terms of actions to be taken, City Attorney Paul Glasgow said that the ordinance would need to be amended and then adopted as amended.

Upon motion by Councilmember Britton, duly seconded by Councilmember Gajewski and passed with Mayor Hoffmann, and Councilmembers Britton, Gajewski and Robbins voting, “aye,’ And Councilmember Marcuccio voting, “nay,” Ordinance No. 5-08, amending Chapter 19 of the Rockville City Code, entitled, “Stormwater Management and Sediment Control,” so as to provide for a system of charges to support the City’s stormwater management, storm drainage, and related water quality programs by adding a new Article VI, entitled “Stormwater Management Utility,” providing for, among other things, the establishment of an annual Stormwater Management Utility Fee based on impervious surface measurement of real property, classification of real property for purposes of determining the applicable Stormwater Management Utility Fee, a more detailed description of the Stormwater Management Fund and its sources of revenue and permitted expenditures, authorization for Regulations implementing the provisions of Article VI to provide, among other things, for credits against the Stormwater Management Utility Fee and adjustments to the Fee, and providing for the collection of the Stormwater Management Utility Fee; and to further amend Chapter 19 by amending certain existing definitions and adding certain new definitions, and by otherwise generally revising and amending the provisions of Chapter 19 of the Rockville City Code was adopted.

Re: Adoption of Resolution to approve amendments to the Sediment Control and Stormwater Management Regulations prepared by the Department of Public Works pursuant to Chapter 19 of the Rockville City Code

Resolution No. 5-08

Upon motion by Councilmember Britton, duly seconded by Councilmember Gajewski, and passed with Mayor Hoffmann and Councilmembers Britton, Gajewski, and Robbins voting, “aye,’ and Councilmember Marcuccio voting, “nay,” Resolution No. 5–08, approving amendments to the Sediment Control and Stormwater Management Regulations prepared by the Department of Public Works, pursuant to Chapter 19 of the Rockville City Code, was approved.

Re: Salary and Benefits Presentation

City Manager Scott Ullery said that this agenda item generally follows the theme of this year’s budget, which is sustainability.  The last survey on staff compensation was done in 2001.  Mr. Ullery added that he had been involved with similar surveys over the years and that he thought what is being presented to the Mayor and Council this evening was an excellent product.  The results indicate that for the jobs that were part of the survey, the City is competitive at the lower range, but not at the upper ranges.  The staff recommendations are consistent with the agreements that have been forged with the two City unions.

Carlos Vargas, Director of Finance, said that the survey in 2001 only took into account salaries, while this one took a more comprehensive look at benefits as well as financial compensation.  Mr. Vargas said that the survey had been conducted with Public Financial Management Group, Incorporated, (PFM) and that a representative for that organization, Mike Nadol, was present to discuss the survey with the Mayor and Council.  Mr. Nadol explained why certain positions had been analyzed.  Mr. Nadol said that the decision to survey a significant number of positions was an additional attempt to broaden the survey data to ensure its validity.

Citing the data in the survey, Mr. Nadol said that the City of Rockville’s Cost of Living (COLA) increases have struggled to keep pace and, when compared with salaries nationally, the salaries hold their own.   However, when compared to other government employees on a regional basis, the City begins to lag behind, most significantly at the higher end of the pay scale.

Mr. Nadol acknowledged that, financially, the forecast nationally was volatile, but that looking at regional data, the COLAs projected for employees were higher than what the City of Rockville had been projecting, with the data from Montgomery County trending even higher.

Mr. Vargas reiterated that, at the benefits level, the City generally compares very well with other governments.  Using a bar graph, Mr. Vargas showed the variation form the median at both the lower end and upper end of the salary scale.  Based on the need to bring City salaries more in line with other jurisdictions, the recommendation would be to institute a 3.25% COLA in FY 2009, FY 2010, and FY 2011.  Additionally, it is recommended that two additional steps of 3.5% be added to the salary range for administrative employees at the top step of the current scale.  A couple of positions that will still be somewhat out of an acceptable range will be dealt with separately.

Mr. Vargas said that staff is also recommending a analysis for the vesting periods for both the defined benefit and defined contribution retirement plans to see how much it would cost to lower the thresholds for vesting.

Councilmember Marcuccio spoke of still being somewhat unclear about who would be covered by this, if approved.  She said she wanted to know specifically about senior positions.  Councilmember Gajewski also asked for clarification about who would be covered by the changes.  Mr. Ullery replied that it would be employees on the administrative or “A” scale.  This would not include department heads who are on a different scale.

Councilmember Robbins spoke of the stability of government positions, with generous benefits, especially in trying economic times.  While realizing the higher rates for Montgomery County and Montgomery Public Schools cited in the report, she said those entities are facing deficits.  Citing numerous calls on this subject, she said she felt Rockville was very competitive as indicated by the number of people applying for jobs here when they are available.

Councilmember Britton said he would like to suggest that this is marketed somewhat differently based on some misperceptions that “maximum” on the scale was equated with top management positions.  He said that, although he felt that, in many cases, it seemed to be an appropriate measure, the recommendations need to be clarified.

Councilmember Gajewski said he would like to know more about the car allowances, etc. that were afforded certain individuals.

Mayor Hoffmann said she thought that the City staff was great.  She noted that Montgomery County’s employees benefits are better and, that, even with the increments proposed, the salaries were still lower.  Mayor Hoffmann said that she felt that without some adjustment, the City would not be as competitive as it would like to be.

In terms of the actions requested tonight, Councilmember Robbins said that she had checked with City Attorney Glasgow who had said that the recommendations could be handles separately and he had said that they could.

Councilmember Marcuccio said she wanted to make sure that the employees involved are not the City’s top executives.  Mr. Ullery replied that the actions would affect those employees on the administrative scale and Mr. Vargas added that the steps were not across the board, only at the end of the scale.  Councilmember Marcuccio reiterated that she wanted to see the details of the compensation for executive staff, including car allowances, etc.  City Manager Ullery said he thought that he had sent that information previously, but that he would be happy to send it to the Mayor and Council.

Mayor Hoffmann noted that this information was public information.

Councilmember Robbins commented that last year, the Mayor and Council at that time had rejected the recommendations of the Compensation Commission and had not voted to give the Mayor and Council elected in November any increase, even COLAs.

At this point, Councilmember Britton made a motion to approve a 3.25% COLA for FY 2009, FY2010, and FY2011, which was unanimously approved by the Mayor and Council.

Upon motion by Councilmember Britton, duly seconded by Councilmember Gajewski, and unanimously passed the Mayor and Council voted to add a market adjustment of a 3.25% step to the end of the administrative pay scale in FY 2009 and  FY 2010.

Upon motion by Councilmember Robbins, duly seconded by Councilmember Britton, and unanimously passed, the Mayor and Council voted unanimously to direct staff to conduct an actuarial study regarding the vesting requirements for both the defined benefit and the defined contribution retirement plans of the City.

Re: Approval of policy on communicating individual town hall type meetings for the Mayor and Council

Deputy City Manager Catherine Tuck Parrish reviewed the aspects of the policy.  She said that individual members of the Mayor and Council have expressed a desire to hold individual town hall-type public meetings.  It has been requested that City media outlets, such as Rockville Reports, Rockville Channel 11, and the City's Web site, be used to advertise these public meetings to residents and business owners.  At their meeting on March 3, the Mayor and Council voted to direct staff to develop a policy for adoption by the Mayor and Council that would address such requests.
Ms. Tuck Parrish said that the policy, as drafted, outlines when City media would be used (including prohibiting the use of City media within nine months of a Mayor and Council election), the type of media, and the procedures requesting notices.  Requests should be made with the City Clerk's Office and the Communication Officer will coordinate the communication per the policy based on information provided by the City Clerk.

A motion to approve the policy was made by Councilmember Gajewski, which was seconded by Councilmember Britton.  In discussion of the motion, Councilmember Britton asked that the motion be amended to include a provision that the required written notice to the City Clerk be extended to the Mayor and Council.  Councilmember Gajewski accepted the amendment to the motion, which was then approved unanimously.

Re: Review and Adoption of Rules of Procedure for Mayor and Council meetings

City Attorney Paul Glasgow said that the draft of the rules of procedure focused on the types of actions that, based on his experience, were those that the Mayor and Council were most likely to encounter.  The City Attorney also said that the draft incorporated any provisions that are currently in the City Code such as the provision for a super majority to wave the layover period for the adoption of an ordinance.  However, there are still some outstanding issues that require some additional direction from the Mayor and Council, specifically the following:

• What constitutes a majority for purposes of carrying a particular proposition?
• Should super majority votes apply to certain types of motions beyond what is already required?

Mr. Glasgow said that another area would be the order of discussion.  He said it had been his experience that it was better to frame the discussion and get some of the parameters for an action clarified rather than making a motion that then had to be clarified or amended.  Mayor Hoffmann said that she knew that, under Robert’s Rules, the motion usually came first.  Mr. Glasgow reiterated that he attempted to write the rules based on what seemed to be most necessary and most practical.

Councilmember Britton brought up a couple of agenda items that would not be covered by the rules as written because they do not have reports, etc.  These would include items such as Citizens’ Forum, proclamations, etc. 

There was discussion about how something gets on the agenda.  Usually items are either generated by processes set out in the Code, such as how a text amendment is filed, has a public hearing, etc.  Some items come onto the agenda because of direction of the Mayor and Council.  Other items, which may be initiated by the departments are dealt with collaboratively by the City Manager and the City Clerk, with input from the City Attorney, if necessary. 

There was a broad discussion related to how something would be approved, which was one of the outstanding issues described by the City Attorney.  There was discussion about the merits of having a majority of those present as well as the merits of requiring the majority of the group.  Councilmember Gajewski suggested that an easy way to solve this would be if an affirmative vote of three were needed for anything to pass.  Councilmember Marcuccio said she thought that would be a good idea.

There was additional discussion about how something could get on the agenda or be taken off of the agenda as well as the issue of needing a super majority of four members for any other kind of motion other than those already addressed in the City Code.  Councilmember Britton mentioned suspending rules as one example.  Mr. Glasgow said another common one would be to limit debate.  However, the Mayor and Council decided that the majority of three already discussed would be adequate for this and other motions covered in the rules.  As stated previously, anything not described in the rules would fall under Robert’s Rules.

There was discussion about another part of the proposed rules related to Public Hearings as to the ability of someone to speak more than once at a hearing.  Mr. Glasgow said that past practice by some Mayor and Councils had been to allow someone to speak again after all other speakers had been heard.  It was agreed that one time to speak was sufficient since a person had the option of submitting testimony for the record if more needed to be said.

Upon motion by Councilmember Gajewski, duly seconded by Councilmember Marcuccio, and unanimously passed, the Mayor and Council adopted “Rockville’s Rules of Procedure,” as outlined by the City Attorney with the following changes:

• That items such as Citizens’ Forum, proclamations, presentation, etc. would not require a report, questions, etc. as compared to other business items listed on the published agenda
• That a majority of the Mayor and Council needed for anything to carry would be three members
• That people testifying at a Public Hearing may only speak for their allotted time of either three minutes (for an individual) or five minutes (for someone representing a group).  They may submit additional comments in writing.

Re: Future Agendas 

City Clerk Claire Funkhouser said that the contract for the new Granicus system had been signed and would be installed in June.  Dates for implementation will appear on the Mayor and Council’s list of future meetings.

Re: Old/New Business

Councilmember Gajewski made a motion that the City of Rockville make no specific name references of Mayor and Councilmembers in Rockville’s proclamations and other honorary certificates, except under the body of such texts, where all of the names and signatures of Mayor and Council members, beginning with the Mayor, should appear.  The motion was seconded by Councilmember Robbins.

In discussion of the motion, Councilmember Britton asked Councilmember Gajewski why he was making this proposal.  Councilmember Gajewski said he wanted to be inclusive and that not having one name singled out was in keeping with the intent of the council as a corporate body within the Council-Manager form of government.  Councilmember Gajewski said he had encountered much confusion about the role of the Mayor as it related to the Council, which he felt something like this perpetuated.

Councilmember Britton said he had not encountered this confusion. He added that the Charter listed certain distinctions as to the role of the Mayor.  Councilmember Gajewski said that the distinctions are that the Mayor chairs the meetings and makes appointments, but it is the Council at-large has been given the legislative powers.  Councilmember Gajewski said that there has been confusion in the past, citing the alleged actions of a former mayor in making a deal on the site of the old library.  He also said he would support a broadening of the powers of the office of Mayor. 

Councilmember Britton said that he feared that something like this would begin to chip away from the Mayor as being the honorary presence of the Mayor and Council and the one that sets the tone for the entire group.

Councilmember Marcuccio said that she felt the way that the proclamations read now was a bit awkward and, if it bothered Councilmember Gajewski that much, perhaps the wording should allude to the Mayor and Council of Rockville.

Councilmember Robbins agreed that the language was a bit awkward and that it was nice to be included.  However, in terms of the office of Mayor, she looked at that office as being “first among equals,” with the expectation that the Mayor would be singled out to some extent.

Councilmember Britton said that it was easy enough to just drop the “I” in the proclamation before saying the Mayor’s name when reading the document.  Councilmember Gajewski reiterated his concerns about the pitfalls of the Mayor acting individually.

At this point a vote was taken and with Councilmembers Gajewski, Marcuccio, and Robbins voting, “aye,” and Mayor Hoffmann and Councilmember Britton voting, nay,” the motion to make no specific name references of Mayor and Councilmembers in Rockville’s proclamations and other honorary certificates, except under the body of such texts, where all of the names and signatures of Mayor and Council members, beginning with the Mayor, should appear was approved.

Re: Adjournment 

There being no further business, the Mayor and Council adjourned at 10:45 p.m.