Mr. Williams noted he had attended a celebration of the 80th anniversary of the Lions Club. He commented on the Lions’ work and said he had offered them the opportunity to make a presentation at a future Council meeting.
Mr. Williams reported that he had received a letter from the State Highway Administration indicating that work would begin on the resurfacing of New Hampshire Avenue between Rt. 410 and Holton Lane. The project was scheduled to be completed in the summer of 2010.
Mr. Snipper said he had a concern about the impact on the speed cameras. He asked the City Manager to follow up.
Mr. Seamens requested that the City Manager arrange for a briefing on police staffing at the next City Council meeting.
Ms. Clay requested that the Long Branch traffic calming be placed on the Council’s agenda in January, if possible. She noted that the neighborhood went through the process and it closed almost a year ago, but had not moved forward. She asked that the City planning department draw up the documents with the points of consensus that came out of the last traffic calming process: a raised crosswalk at Flower Avenue by the hiker biker trail, a raised intersection at Jackson and Flower, and a raised intersection at Jackson and Central. She said the community had discussed the possibility of a raised crosswalk at Davis and Central and she would like the community to decide on that as an option. Ms. Clay said that she thought there had been some consensus from the Flower Avenue folks about putting a stop sign at Cherry and Flower. She noted that although some of the Flower Avenue stuff remains uncompleted, she believed that there was a working group still moving forward with that. In order to do one of the testing components that the Flower Avenue folks were interested in, the State would need to turn off the left turn lane light from Carroll Avenue. She asked that the Public Works Director arrange for that.
Ms. Clay commented about a Long Branch Sligo tree case that went forward involving a complaint against someone in the neighborhood. The case went to court and neighbor raised some Fourth Amendment issues that could have implications for the Tree Ordinance. Ms. Clay requested that the City put something out that could be shared publicly regarding the facts of the case and what the City’s process would be moving forward.
Ms. Clay noted challenges on Woodland Avenue regarding planting in the right of way. She requested that the issue be placed on a Council agenda to provide some direction around the issue of opting out and other concerns.
Ms. Clay also commented on the issue of economic development and businesses that have closed. She said that there had been listserv questions about resources directed toward various business areas. She expressed concern about the City spending resources to provide information when there are other priorities to be addressed by staff.
Finally, Ms. Clay noted discussions arising related to actions of past City Councils. She suggested that it was important to move on and focus on solutions that meet today’s needs, rather than looking back.
Mr. Wright commented that he went to the opening of the Montgomery College Arts Center. He encouraged residents to take advantage of the facility.
Mr. Wright expressed concern about the high profile crimes that have occurred in the community.
Mr. Wright commented that there were some safety improvements at the Chicago/Philadelphia intersection with the installation of pedestrian paddles there. He suggested investigating pedestrian operated flashing lights.
Mr. Wright seconded Ms. Clay’s comments about economic development. He commented that people who feel passionate about issues should get involved and volunteer with OTBA, the Crossroads, or City committees. He assured residents that there are things going on with economic development, but they are not necessarily public during negotiations.
Mr. Schultz commented that it is the case that tenant negotiations in the business districts are ongoing and not always within the purview of the Council and are often not even known by the City staff.
Mr. Schultz noted a letter from Erwin Mack, Executive Director of the CDA, concerning the bus shelter platform in the 7600 block of New Hampshire Avenue. Mr. Mack had requested that the City work to make the platform safer.
Mr. Schultz reported that the Hillwood Manor Community Association recently had a well attended meeting and elected new officers.
Mr. Snipper encouraged residents to keep an eye out for opportunities to participate and provide input on bus stops and locations related to the new transit center and Purple Line.
Diana Kohn, Jefferson Avenue, commented on B.F. Gilbert Day (designated by the City Council as November 24 of each year). Ms. Kohn noted that B.F. Gilbert took title to the land that became Takoma Park on that day in 1883. She reported on what occurred during 1884. She invited the Council to attend Historic Takoma’s annual holiday party.
Gerry, Takoma Park, thanked the Council for its support of immigrants by adopting the resolution regarding immigration reform.
Emily Riddle, Maple Avenue, spoke representing a group of volunteers from the Task Force on Environmental Action. She asked the Council for direction on applying for an energy efficiency grant.
Mr. Williams suggested that Council confer by e-mail regarding the grant to see if any Council action would be needed on November 30.
Ms. Matthews ceded her time to Chief Ricucci to report on recent crimes.
Chief Ricucci requested community support in locating the perpetrator of the sexual assault in Sligo Creek Park. He reported on a carjacking that had occurred, and two assaults that had occurred in the community. Chief Ricucci reported on extra details that the Police Department had been running. The Chief also reported on recent arrests. He noted the support of the community by reporting crimes and suspicious activity.
Chief Ricucci reported that the increased patrols and resident action had resulted in a reduction of thefts from autos and burglaries. Chief Ricucci noted that the Department had prepared stickers for residents with the phone numbers to call for police, fire, and other emergencies. He encouraged residents to be safety conscious and indicated that he was willing to attend community meetings on request.
Mayor Williams reordered the agenda.
A. Resolution 2009-71 Reaffirming Takoma Park’s Support of Its Newcomers and Urging Enactment of Federal Comprehensive Immigration Reform (attached)
C. Single Reading Ordinance 2009-59 Approving an Indefinite Quantities Contract for Street Restoration and Concrete Work (attached)
Motion to adopt the consent agenda. Moved by Councilmember Snipper, seconded by Councilmember Wright. (VOTING FOR: Mayor Williams, Councilmember Clay, Councilmember Schultz, Councilmember Seamens, Councilmember Snipper, and Councilmember Wright; ABSENT: Councilmember Robinson)
Ms. Brooks introduced the auditors. The auditors explained the scope of what they cover during the process. They indicated that the City had received an unqualified opinion on its financial statements.
Councilmembers had a number of questions and comments.
Mr. Williams asked about budget variances. Ms. Brooks noted that the largest variances were in salary savings, insurance, workers compensation, training, community grants, equipment reserve, and capital projects.
Mr. Wright commented on the variance. He noted that there was approximately $3 million in variance. He acknowledged that not all of it would go to fund balance, but he said he would like look more closely at reducing the cushion in the budget.
Mr. Snipper noted that long term liabilities were 20% of net assets. He asked if that percentage was high or low. Ms. Brooks responded that it was low.
Mr. Snipper commented that he, too, was concerned with the variance in expenditures.
In response to a question by Mr. Snipper, Ms. Brooks noted the WSSC payment was anticipated to be received in FY 2009 but was instead received in 2010.
Mr. Snipper indicated that he would be interested in seeing information on the number of contractors used and whether the trend to use contractors to perform work was rising or falling.
Mr. Seamens commented on the disposal of seized and recovered property by the Police Department. He asked the auditors to provide an update.
The auditors responded that they had made an inquiry to the Police Department. They indicated that that there was a process and procedure for handling disposal of property.
Mr. Seamens asked for clarification on this issue. Ms. Matthews said she could ask the Police Chief to prepare information.
Ms. Braithwaite and the architectural team (Tom Bunting and Amy Small) were present for the discussion. Ms. Braithwaite noted she was providing an updated cost estimate tied to the specific scope of the work, the LEED checklist, and the site plan and elevation drawings.
Mr. Bunting stated that the plan presented included the sanitation building, the administration building, the maintenance building, and regrading of the Ritchie Avenue entrance. He presented the add alternates for the project.
Ms. Braithwaite noted one of the innovations to be included was the collection of roof water to serve as gray water in bathrooms and for watering projects. An above-ground cistern was an alternate, but would add to the cost. A below-ground cistern was found to be less expensive.
In response to a question, Ms. Braithwaite said that a contingency had been included in the project cost.
Ms. Small indicated that the project would likely be eligible for a LEED Silver rating. She listed the green features.
Mr. Schultz asked about the value of being LEED certified.
Mr. Bunting commented that the Council has indicated its preference to go for LEED certification on the project.
Ms. Braithwaite noted that she saw the LEED requirement of commissioning as being very valuable. The commissioning requires that the buildings and HVAC equipment be shown to perform to as efficiently as expected.
Ms. Clay commented that there were two choices, to either have a functional public works facility or not have a public works department. She said the City should go forward with the renovation and do as many of the elements of the project to take advantage of the time when labor is the cheapest and prices are most competitive.
Mr. Wright concurred. He said it was the Council’s responsibility to be sure that it was looking at the right components to make a good decision.
Mr. Schultz agreed. He said he thought that the operational cost savings annually were important to calculate. Mr. Schultz asked Ms. Braithwaite about her comfort level with the underground fuel tanks.
Ms. Braithwaite said she was certain that the tanks were not leaking because they have been tested. She said they would need to be replaced in the near future.
Mr. Snipper commented that he believed the City should move forward with the project. He said he thought the regrading of the Ritchie Avenue driveway was important. Mr. Snipper said it would send the wrong message to the Public Works staff to have renovated the auditorium but not the Public Works facility.
Ms. Matthews said she would be asked to close on the bonds in January. Any additional issues regarding the facility and what components should be renovated should be looked at as soon as possible.
Erwin Mack, Executive Director of the Takoma/Langley Crossroads Development Authority, thanked Ms. Victoria for her service on the City Council and supported the resolution.
Motion to adopt Resolution 2009-70 Recognizing Former City Councilmember Donna Victoria for Her Service on the City Council. Moved by Councilmember Schultz, seconded by Councilmember Snipper. (VOTING FOR: Mayor Williams, Councilmember Clay, Councilmember Schultz, Councilmember Seamens, Councilmember Snipper, and Councilmember Wright; ABSENT: Councilmember Robinson)
Resolution 2009-70 (attached)
Linda Walker and representatives of Montgomery Housing Partnership were present for the discussion. MHP had come to the City Council to request an amended PILOT agreement in order to obtain financing for the project. Ms. Walker explained that based on the worksession discussion with the City Council, MHP had reviewed their financials and proposed a revised amendment that consisted of a 75% tax abatement for four years, and a 50% abatement for the next 12 years.
Mr. Schultz asked what would happen if the organization sold or transferred the property during the life of the agreement.
Ms. Daines responded that in that case the City would resume collecting the full tax amount, however, collections would not be retroactive.
Motion to accept First Reading Ordinance 2009-54A Modifying the PILOT Agreement for 8508 and 8510 Flower Avenue. Moved by Councilmember Snipper, seconded by Councilmember Seamens. (VOTING FOR: Mayor Williams, Councilmember Clay, Councilmember Schultz, Councilmember Seamens, Councilmember Snipper, and Councilmember Wright; ABSENT: Councilmember Robinson)
First Reading Ordinance 2009-54A (attached)
Motion to accept First Reading Ordinance 2009-55 Authorizing Appointment of Specialized Counsel for Labor and Employment Law Matters. Moved by Councilmember Clay, seconded by Councilmember Wright. (VOTING FOR: Mayor Williams, Councilmember Clay, Councilmember Schultz, Councilmember Seamens, Councilmember Snipper, and Councilmember Wright; ABSENT: Councilmember Robinson)
First Reading Ordinance 2009-55 (attached)
Mr. Wright noted that this was not the final vote. He said he would vote for this financing vehicle at this time but did not yet support the project because there was additional information that should be looked at.
Ms. Matthews stated that it was not necessary to make a decision at this time in terms of the amount of debt. She suggested leaving the flexibility of the amount in the ordinance as long as possible.
Motion to accept First Reading Ordinance 2009-57 Authorizing the Sale and Issuance of State Infrastructure Bonds for Renovation of the Public Works Facility. Moved by Councilmember Clay, seconded by Councilmember Seamens. (VOTING FOR: Mayor Williams, Councilmember Clay, Councilmember Schultz, Councilmember Seamens, Councilmember Snipper, and Councilmember Wright; ABSENT: Councilmember Robinson)
First Reading Ordinance 2009-57 (attached)
Motion to accept First Reading Ordinance 2009-56 Amending Takoma Park Code, Chapter 2, to Remove the Public Safety Citizens Advisory Committee as a Statutory Committee. Moved by Councilmember Seamens, seconded by Councilmember Clay. (VOTING FOR: Mayor Williams, Councilmember Clay, Councilmember Schultz, Councilmember Seamens, Councilmember Snipper, and Councilmember Wright; ABSENT: Councilmember Robinson)
First Reading Ordinance 2009-56 (attached)
Ms. Clay said she definitely agreed that the City needed to support tenants. However, she commented on her impression that the capacity builders had organized tenants to lobby the City Council at one meeting regarding the budget for the capacity building program.
Ms. Daines responded that the only lobbying done under the contract was to organize tenants to lobby for legislation at other levels that had been endorsed by the City Council. When tenants came out to support continued funding for the capacity building program, they came because the capacity builders were working with them on ongoing project that the tenants did not want to be discontinued.
Ms. Clay asked the City Manager if the City does organize people to lobby other government entities.
Ms. Matthews noted a recent example where the City provided transportation for seniors to lobby the County Council regarding Ride On Bus service.
Ms. Clay said she wanted to be certain that the City was never paying to have organizers organizing people to lobby the City Council.
Mr. Seamens indicated that he was happy with the work of the capacity builders in the past. He said that Impact Silver Spring was doing more of this type of work now and perhaps the City should consider not paying for the capacity builders since they were not needed as much as in the past.
Ms. Walker said that Impact Silver Spring was initially interested in the contract with the City. They had indicated that they lacked expertise in the development aspect to assist tenants early on in the process so that they can better understand whether or not they want to purchase their building. Consequently, Impact Silver Spring had decided not to bid on the contract.
Mr. Snipper commented on the value of the work of the capacity builders. He said the two organizers had a good working relationship and were excellent organizers who come with a ton of background, information and contacts. He noted that they had reduced their rate by $10 an hour and were thinking of bringing in others to support them.
Mr. Wright said he would abstain because his wife works for CASA (who also bid on the contract).
Mr. Schultz asked if this work was not contracted out, would the staff have to do it.
Ms. Daines responded that if the work was not contracted, the Department would need to restructure, add staff, or drop the capacity building component.
Motion to adopt Single Reading Ordinance Authorizing Execution of Contract for Services Related to the Capacity Building Initiative. Moved by Councilmember Snipper, seconded by Mayor Williams. (VOTING FOR: Mayor Williams, Councilmember Schultz, and Councilmember Snipper; AGAINST: Councilmember Seamens)
Motion to adopt Single Reading Ordnance 2009-58 Authorizing Execution of Contract for Provision of Emergency Services. Moved by Councilmember Snipper, seconded by Councilmember Wright. (VOTING FOR: Mayor Williams, Councilmember Clay, Councilmember Schultz, Councilmember Snipper, and Councilmember Wright; ABSENT: Councilmember Robinson)
Single Reading Ordinance 2009-59 (attached)