Cultural Arts Commission

Upon motion by Councilmember Robbins, duly seconded by Councilmember Britton, and unanimously passed, John Moser was reappointed as chair until February 1, 2009.

Human Rights Commission

Upon motion by Councilmember Britton, duly seconded by Councilmember Robbins, and unanimously passed, Maritza Rivera Cohen was appointed as a member until February 1, 2012.

Human Services Advisory Board

Upon motion by Councilmember Britton, duly seconded by Councilmember Robbins, and unanimously passed, Sarah Duffy was reappointed as a member until February 1, 2012.

Landlord Tenant Affairs

Upon motion by Councilmember Robbins, duly seconded by Councilmember Marcuccio, and unanimously passed, Amelda Wilson was reappointed as a member until February 1, 2011.

Personnel Appeals Board

Upon motion by Councilmember Marcuccio, duly seconded by Councilmember Robbins, and unanimously passed, Irving Shapiro was reappointed as chair until February 1, 2009.

Planning Commission

Both Councilmember Marcuccio and Councilmember Robbins spoke of their concerns with how the process for filing the vacancy on the Planning Commission had been handled.  Their concerns centered around not including an advertisement in the Rockville Reports and also not interviewing candidates for Planning Commission, a practice which had been in place several years ago.  There was some discussion about the opportunity afforded the members of the Council to speak with Ms. Pakulniewicz- Chidiac upon receiving notification of the Mayor’s intent to appoint her to the Commission.

Upon motion by Councilmember Britton, duly seconded by Councilmember Gajewski, and passed, with Mayor Hoffmann, Councilmembers Britton and Gajewski voting, “aye,” and Councilmembers Marcuccio and Robbins voting, “nay,” Tracy Pakulniewicz-Chidiac was appointed as a member of the Planning Commission to fill an unexpired term until February 1, 2011.

Recreation and Park Advisory Board

Upon motion by Councilmember Marcuccio, duly seconded by Councilmember Robbins, and unanimously passed, Katherine Savage was reappointed as a member until February 1, 2010 and as chair until February 1, 2009, Larry Eason was reappointed as a member until February 1, 2010, and Robert Taylor was reappointed as a member until February 1, 2010.

Rockville Sister City Corporation

Upon motion by Councilmember Britton, duly seconded by Councilmember Robbins, and unanimously passed, Rotraut Bockstahler was reappointed as a member until February 1, 2011 and Norman Hampton was reappointed as a member until February 1, 2011.

Senior Citizens Commission

Upon motion by Councilmember Robbins, duly seconded by Councilmember Marcuccio, and unanimously passed, Ciriaco Gonzales was reappointed as chair until February 1, 2009.

Re:  Citizens' Forum

Re:  Public Hearing on proposed 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;” proposed changes to the Sediment Control and Stormwater Management Regulations; and proposed SWM Utility Fee Rates.

The Mayor and Council convened in Public Hearing on the following at 7:52 p.m.:

• Proposed 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;”
• Proposed changes to the Sediment Control and Stormwater Management Regulations; and 
• Proposed SM Utility Fee Rates

The Mayor and Council heard testimony from Lise Soukup, Civil Engineer, Department of Public Works, and nine other speakers.  The testimony of the speakers can be found in the official public record of the Mayor and Council in the City Clerk’s Office.  There being no other individuals wishing to speak, the Mayor closed the Public Hearing at 9:30 p.m.  The Mayor said the record would stay open until Monday, February 25 at 5:00 p.m.

It was suggested that the Mayor and Council might find it helpful to have a presentation regarding the National Pollutant Discharge Elimination System (NPDES) and staff promised to schedule such a presentation sometime in the near future.

Re:  Approval of Award
To Schaefer Construction Management, Inc.
In the amount of: $1,436,984.00
Of: Gaithersburg, Maryland
For: Construction of the Rockville Swim Center Meeting / Fitness Room Addition, with certain amenities 

Director of Recreation and Park Burt Hall said that this project would provide for the construction of a 6,000 square foot, one-story addition to the Swim Center that will include a 1,500 square foot multi-purpose room capable of accommodating meetings of up to 100 people, and a 2,500 square foot fitness center capable of accommodating 25 people at one time.  Also included in the project are new bathroom facilities, additional storage and a reconfigured lobby and reception area.

This project originated in part due to a request from the West End Civic Association to provide meeting space in a City facility that would be accessible for neighborhood uses.  This concept has also received the support of the Woodley Gardens East Civic Association as well.  Consistent with City policy, nearby neighborhood associations will have use of the meeting room free of charge for their monthly meetings.  

The Swim Center currently has very minimal meeting space and no classroom space.  Many Swim Center programs and functions will benefit from the new multi-purpose room, as they require meeting and/or classroom space.  Revenues from these programs will support the operational costs of the new facility. 

Councilmember Gajewski commented on the proximity of the fitness center to the new Gold’s Gym in Rockville in terms of possibly competing with the private sector.

Upon motion by Councilmember Robbins, duly seconded by Councilmember Britton, and unanimously passed, the Mayor and Council approved the award to Schaefer Construction Management, Inc. of Gaithersburg, Maryland in the amount of: $1,436,984.00 for Construction of the Rockville Swim Center Meeting / Fitness Room Addition, with certain amenities.

Re:   Discussion regarding the status of a Mayor and Council appointment to Heritage Park Board of Directors

Acting Director of Community Planning and Development Services Ed Duffy said that, while the City had representation on the Board of Heritage Park for many years, it has become no longer necessary.  He explained that the City had no fiduciary responsibility to the organization and that, while there were other cooperatives in the City, Rockville did not have a similar position on any of those boards.  Mr. Duffy said it would much more sense for Heritage Park to be able to fill the position with an individual of their choosing. 

Mr. Duffy said that, if the Mayor and Council would agree to this, there would still be a level of communication between Heritage Park and the City via the Neighborhood Resources Team.

Councilmember Marcuccio noted that the by-laws of the organization reference the City throughout and wondered if they would be required to change them.  Mr. Duffy said they could, but not doing so would not hamper the board to function.

Upon motion by Councilmember Marcuccio, duly seconded by Councilmember Gajewski, and unanimously passed, the Mayor and Council instructed staff to notify the Heritage Park Board of Directors that the Mayor and Council choose to no longer to appoint a representative to the Cooperative Board of Directors.

Re:  Adoption of a resolution to modify the moratorium, established by Resolution 17-06, and extended by Resolution No. 10-07, on the filing of certain development related applications until the completion of a comprehensive review and analysis of the City’s zoning and development regulations and the adoption of the revised zoning ordinance and comprehensive zoning map amendment, to exempt from the moratorium, and allow the filing of, certain applications for setback variances for one-family detached residential lots

Resolution No. 2-08

City Manager Ullery said that, at the time of the passage of the moratorium, it was mentioned that there might need to be some minor adjustments to it to permit some applications for residences to go forward that would not be able to otherwise.  He introduced Chief of Planning Jim Wasilak who explained further that this would be the second modification of this nature to the moratorium. 

Councilmember Marcuccio asked why this could not be handled through the variance process and Mr. Wasilak replied because variances are not allowed under the moratorium.  He said that this action, if enacted, would be very limited in scope.  Mr. Wasilak added that, originally, it had been thought that the moratorium would be in effect only until December, but that it now had been extended until June 30. 

Assistant City Attorney Sondra Harans Block said she wanted to bring to the Mayor and Council that there is some concern about things coming for approval through during the development of the Zoning Ordinance that might be in conflict with what is proposed in the new law.

Councilmember Gajewski made a motion to approve the resolution, which was seconded by Councilmember Britton, subject to some amendments.  Councilmember Britton suggested some changes to the proposed resolution increasing the proposed applicable setbacks from 10% to 20% and the floor area ratio (FAR) from .35 to .50 or 3,000 square feet of gross floor area, whichever is greater.  There was discussion about the efficacy of keeping any changes as restrictive as possible for the reasons mentioned previously regarding being able to be consistent with the anticipate changes in the new zoning ordinance.  Councilmember Gajewski said that he accepted the amendments because he felt that it was better than having to extend the moratorium further.  He cautioned that he felt that adhering to the projected timeline for approval was important and that he would not be inclined to vote for another modification of the moratorium prior to adoption of the new Zoning Ordinance.

Mayor Hoffmann said that, ultimately, the most important thing was to have a careful and deliberate discussion during the development of the Zoning Ordinance, even if it required some actions such as this.

At this point, the vote was taken and Resolution 2-08, adopting a resolution to modify the moratorium, established by Resolution 17-06, and extended by Resolution No. 10-07, on the filing of certain development related applications until the completion of a comprehensive review and analysis of the City’s zoning and development regulations and the adoption of the revised zoning ordinance and comprehensive zoning map amendment, to exempt from the moratorium, and allow the filing of, certain applications for setback variances for one-family detached residential lots, was approved, as amended.

Re:  Introduction of an Ordinance to repeal Ordinance No. 20-07 by amending Chapter 20 of the City Code, entitled, “Solid Waste,” so as to delete Article IV, entitled, “Refuse and Recycling Commission”

Assistant City Attorney Sondra Harans Block explained the process to approve the ordinance tonight, if so desired by the Mayor and Council, including the waiver of the layover period and the advertising of the item on the agenda.  Waiving the layover period would require approval from at least four members of the Mayor and Council.  Councilmember Britton introduced the ordinance.  Councilmember Britton made a motion to waive the layover period, which was seconded by Councilmember Gajewski.

In discussion of the motion, Councilmember Gajewski spoke of his disappointment that this item was appearing on the Mayor and Council’s agenda at all since the Mayor and Council had voted to abolish the Commission at their meeting on December 17.  He said he was dismayed that the Mayor and Council still had to deal with an issue that involved trash, which he thought was an issue that the Mayor and Council had put behind them.  Assistant City Attorney Sondra Harans Block said that the City Attorney’s Office’s understanding was, based on the direction of the Mayor and Council on December 17, an ordinance should be prepared to abolish the Commission.  She explained that since the Commission had been created by ordinance, it would also need to be abolished by ordinance.  Councilmember Gajewski called the question and the vote was taken and, with Mayor Hoffmann, and Councilmembers Britton and Gajewski voting, “aye,” and Councilmembers Marcuccio and Robbins voting, “nay,” the motion failed. Mayor Hoffmann said that the approval of the ordinance would occur at the next meeting.

Re:  Approval of a charter for the Refuse and Recycling Task Force

City Manager Ullery said that, as directed at the December 17 meeting of the Mayor and Council at which the abolition of the aforementioned Commission had also been discussed, he had drafted a proposal for a Refuse and Recycling Task Force for the Mayor and Council’s discussion and approval this evening.  There was some discussion about the parameters of the proposed task force, including the timeline for its existence, how the members would be selected, and its reporting responsibilities.  Councilmember Marcuccio said she hoped that, if the Mayor and Council were not part of the selection process, since the proposal was for the City Manager to name the members, that the City Manager would take into account the qualities that the Mayor and Council had discussed for the membership.

Councilmember Britton made a motion to approve the formation of the Task Force, but the motion died due to lack of a second.  Councilmember Robbins said that she thought that the Mayor and Council would want to be involved with this somehow.  Councilmember Britton summarized the actions, of the last two agenda items, which would leave no formal group in place to work specifically on the refuse and recycling program during the roll-out of the new system.  Mayor Hoffmann said there was no reason why the City Manager could not call together a group to assist him if he found it helpful.

Re:   Future Agendas

City Manager Scott Ullery said that there would be no meeting on February 19.

Re:  Old/New Business

Councilmember Britton said that he would like to propose the filing of a Text Amendment to the City’s Zoning Ordinance, which would allow the encroachment of up to twelve-feet into one’s front yard to allow the building of front porches.  He said that he had attended both public hearings on the new Zoning Ordinance.  He said that this is the time of year when things like this are being contemplated by property owners and, while the new zoning ordinance might allow for this, it also involved many complex issues that could slow plans considerably.

Assistant City Attorney Sondra Block cautioned that approving a Text Amendment takes longer than adopting an ordinance because it requires additional notification, a public hearing, etc.  Councilmember Gajewski wondered if the staff analysis required for this would detract from the work on the new zoning ordinance.

Re:  Adjournment 

There being no further business, the meeting adjourned at 10:20 p.m.