Re: Agenda Review

City Clerk Claire Funkhouser said that an authorization to file a text amendment for an historic district overlay had been added to the agenda.

Re: City Manager’s Report

City Manager Scott Ullery reported on the following:

• A second meeting of stakeholders regarding Rockville Pike will take place on March 18 at the Legacy Hotel, the former Ramada Inn
• Planning Commission worksessions on the draft of the Zoning Ordinance will begin this week
• Rockville has been designated as a “Preserve America” community
• The Rockville-Montgomery Swim Team has recently many recent accolades, including winning thirteen out of sixteen metro championships, having thirty-eight swimmers qualify for the Junior Olympics.  Swim Center Supervisor Mark Eldridge and some of the coaches were invited to attend an international meeting about youth swimming

City Manager Ullery asked Director of Public Works Craig Simoneau to update the Mayor and Council on his department’s progress in resolving issues with Pepco, specifically outages and with lighting in the area of Wootton Parkway and Fleet Street.  Mr. Simoneau said that it is hoped that Pepco’s goals of replacing 90% of burned out lamps within five days and 100% within thirty days, coupled with a general replacement of mercury lamps over time will improve some of the problems.  Also, Pepco is hoping that an upgrade in their GIS system will help to more closely identify lamps within City limits that are out of service.

Re: Zoning Ordinance Update

Chief of Planning Jim Wasilak reiterated that the first worksession of the Planning Commission on the draft Zoning Ordinance would be held on Wednesday, March 5.  The Planning Commission’s record will close on March 28, 2008.

Councilmember Britton commented on some misunderstanding of issues related to Floor Area Ratio (FAR), which had been mentioned in emails to the Mayor and Council.  He wondered if a response to clear up some of the confusion had been sent.  Mr. Wasilak replied that a response had been sent to the writer of the original email, but not to other writers who had shared the same confusion.  Mr. Wasilak said the full explanation could be sent to those individuals as well.

Re: Presentation of Girl Scout Cookies to the Mayor and Council from Representatives of Girl Scout Service Unit #2

The following representatives from Girl Scout Service Unit #2 presented the Mayor and Council with Girl Scout Cookies to sample.  The girls were: Ava Murphy and Elizabeth Blake from Daisy Troop #6762; Rachel Habuda from Brownie Troop #6764; Kalem Ham from Junior Troop#6436; and Carolyn Christian from Teen Troop #1065.  Jim Bates was present to represent the adults that work with Girl Scout Service Unit #2.

The Mayor and Council thanked the girls for coming, saying it was one of the highlights of the year.

Re: Citizens' Forum

Re: Approval of Minutes

Upon motion by Councilmember Robbins, duly seconded by Councilmember Britton, and unanimously passed, the minutes from the following meetings were approved:

Meeting No. 1-08, January 7, 2008
Meeting No. 2-08, January 28
Meeting No. 3-08, February 4

Re: Authorization to file zoning map amendment to add an overlay historic district zone at 99 Maryland Avenue (site of the former Rockville Library)

Jeff Winstel, Historic Planner III, described the building, which was built in 1971.  It was designed in what is referred to as the “International” style by Stanley Arthur.  Mr. Winstel said that the library evidences the defining characteristics of the style, including the horizontal emphasis, the continuing band of windows with little or no relief from the wall plane, cantilevered sections, the use of thin pilotis, and the emphasis of volume over mass and weight.  Mr. Winstel mentioned that Mr. Arthur was a prominent and successful local architect who worked on many civic scale projects in the area, including the Maryvale Elementary School, the Rockville Civic Center Theatre, and the Rockville Unitarian Church.

Mr. Winstel added that the site of the library, which was first permanent library in Rockville, was a prominent downtown corner.  He noted that, although the building is significantly younger than the fifty years usually considered as the threshold for designation, in making its recommendation to the Mayor and Council that the map amendment be filed, the Historic District Commission considered other factors associated with the cultural and historic heritage of Rockville and represents a locally important example of International Style architecture.  In terms of importance to the community, the Commission also noted that the library's size and prominent location in the community represents the small county seat town's transition to a major suburban community in the Washington DC metropolitan area. 

Mayor Hoffmann stated that the action requested tonight was just the authorization to file the map amendment.  Both Councilmember Marcuccio and Councilmember Britton mentioned letters from the state stating that there was no historic significance in the building.  Councilmember Marcuccio also mentioned a letter from the County Council stating the same opinion.

Upon motion by Councilmember Britton, duly seconded by Councilmember Marcuccio, and unanimously passed, the Mayor and Council authorized the filing of a zoning map amendment to add an overlay historic district zone at 99 Maryland Avenue (site of the former Rockville Library).

Re: Adoption of Ordinance to repeal ordinance 20-07 by amending chapter 20 of the Rockville City Code, entitled "Solid Waste" so as to delete Article IV entitled "Refuse and Recycling Commission"

Ordinance No. 2-08

Upon motion by Councilmember Britton, duly seconded by Councilmember Gajewski, and passed, with Mayor Hoffmann and Councilmembers Britton and Gajewski voting, “aye,” and Councilmembers Marcuccio and Robbins voting, “nay, Ordinance No. 2-08 was adopted, repealing Ordinance 20-07 by amending Chapter 20 of the Rockville City Code, entitled, "Solid Waste," so as to delete Article IV entitled, "Refuse and Recycling Commission."

Re: Status Report by Metropolitan Center for the Visual Arts at Rockville (VisArts at Rockville)

Director of Recreation and Parks Burt Hall introduced Debra Moser, the Executive Director of VisArts, to present the Mayor and Council with an update on the first eight months of operation at their new facility in Town Square.  Some of the members of the Board of Directors of VisArts, including its President, were also in attendance.

Ms. Moser said that, from its opening on September 30th, which drew over 900 visitors, VisArts has been experiencing a great deal of success.  She cited the overwhelming response to the Zapp Comics exhibit in the fall, the inclusion of over 100 new classes in its programming, the addition of 300 new members, and the reception of several new grants as evidence of that success.  Other accomplishments include a Gala that raised approximately $90,000 and the opening of the Monte Zucker Center for Photography.  Ms. Moser said that facility rentals are running ahead of expectations.  A new endeavor called, “Art after Hours,” will take place on the first Friday of every month.  Upcoming events include an event called, “Martinis and Matisse,” and the opening of their retail space at the end of March.  Ms. Moser closed her presentation with an invitation for the Mayor and Council to visit the facility in the near future.

In response, Councilmember Marcuccio asked about whether or not the proceeds from the rentals were to be split between the City and VisArts and Mr. Hall explained that would occur only in the case of permanent rentals, not event rentals.  Councilmember Marcuccio mentioned this and other favorable conditions contained in the agreement between the City and the organization, but the Mayor said that responsibility for that agreement rested with the City, not with Ms. Moser.  Councilmember Gajewski mentioned that he had visited the facility earlier today and said he thought it was wonderful.

Re: Discussion regarding the Draft of the Mayor and Council Community Vision, Vision Priorities for 2008-2010, and Operating Guidelines

City Manager Ullery said that this evening he was presenting a draft of the Mayor and Council Vision Priorities for 2008-2010 and Operating Guidelines, which had been developed at the Mayor and Council’s retreat in January.  Mr. Ullery asked if the Mayor and Council had found anything misstated or missing.

Mayor Hoffmann said she knew that the vision was stated in aspirational terms, but she wondered about some of the statements, such as one under “Green City,” which states that the recycling rate will be among the highest in the nation rather than stating a specific percentage that would be a goal.

Councilmember Marcuccio said she was a bit confused about the document and wondered if this had been a “cut and paste” from an earlier version.  Mr. Ullery responded that this was not the case, although some of the language was similar.  Councilmember Marcuccio said that she had looked at the previous Mayor and Council document developed two years ago called, “Vision 2020,” and that, although she did not object to anything contained in this document, she did not find that this one held together in quite the same way as the previous version.  Councilmember Marcuccio also mentioned the operating guidelines, which she also found confusing.  Mr. Ullery reiterated that this was a draft that would need to be refined by the Mayor and Council.

Mayor Hoffmann said that perhaps this could be the topic of discussion at another retreat if that were a more appropriate venue.  Councilmember Gajewski suggested receiving the document on a Word format so that the Mayor and Council could mark up their changes and submit them to Mr. Ullery, who could polish the document further based on the changes.  Councilmember Britton said he wished to discuss something related to this under New Business.

Re: Future Agendas 

Mr. Ullery said that the main topic for the meeting on March 10 would be the City’s water rates.  He also announced that Susan Swift, the new Director of Community Planning and Development Services, would be starting work on April 7.

Re: Old/New Business

Constituent (Town Hall) Meetings by Individual Members of the Mayor and Council

Councilmember Gajewski said that he was thrilled at how many constituents had come to a Town Hall meeting he had hosted on February 21 and he was hoping to do a similar meeting in the late spring, but had been distressed at the lack of ability to publicize the meeting due to the lack of procedures regarding public notification when using City resources.  He made a motion to direct staff to include announcements of constituent meetings held by the Mayor and Council in the calendar listings for Rockville Reports and TRC 11, which was seconded by Councilmember Britton. 

Councilmember Robbins said she felt it was laudatory for members of the Mayor and Council to meet with constituents, but that this may be going too far.  She wondered how the ability to conduct such meetings using City locations and resources would play out in the election cycle where incumbents already have a distinct advantage.  She said she feared that this kind of interaction could lead to extreme confusion, considering the City’s form of government.  Councilmember Robbins said she had never found it a problem to meet with constituents, adding that, while she did not question Councilmember Gajewski’s sincerity, reiterating that she was concerned about the effects of such activity.

Councilmember Marcuccio said she had no problem with the idea of the Town Hall style meeting, but would like it to be equal among the members of the Mayor and Council.  She said that she felt such meetings would require some kind of structure and that she shared Councilmember Robbins’ concerns about the election cycle.  She also wondered how often such meetings should occur.

Mayor Hoffmann said that she heard good things from people who attended the meeting and that she thought it was appropriate to have such a meeting although she, too, shared concerns about appearances, especially during the months prior to an election.  The Mayor said she, therefore, favored some restrictions, suggesting nine months prior to an election. 

Councilmember Gajewski reiterated his motion, emphasizing that he never intended it to be just he who could convene such a meeting and that he encouraged others to do the same.  He said he doubted that the meetings would be held too often since it was unlikely that people would come.  In terms of the timing close to an election, he felt that if someone were to abuse the format, it would only serve to make that person look bad to the voters.  In terms of the venue, he said that City Hall is traditionally where the Mayor and Council conduct business, so that seemed to make sense for a venue.

Councilmember Britton said there was still an issue with the timing vis a vis the election.  Mayor Hoffmann said she could not make the motion, but suggested that there be some consideration of a tome before the election when this would not be allowed.  Councilmember Marcuccio mentioned the period of time of nine months before the election (early February), which had been brought up earlier and wondered if Councilmembers Britton and Gajewski, as the seconder and maker of the motion, respectively, would accept such an amendment, which they did.

A vote on the motion, as amended, was taken and with Mayor Hoffmann, Councilmembers Britton, Gajewski, and Marcuccio voting, “aye,” and Councilmember Robbins voting, “nay,” the Mayor and Council directed staff to include announcements of constituent meetings held by the Mayor and Council in the calendar listings of Rockville Reports and TRC 11, ending nine months prior to the municipal election.

Mr. Ullery said that staff would write up a very simple statement of procedures to follow relative to this. 

Mini-retreat

In furtherance of better communication among the Mayor and Council, Councilmember Britton proposed setting aside a time for a series of mini-retreats to take place periodically.  He said the retreats should be informal, and should be untelevised with no facilitator and decision-making involved.  He suggested that only the City Manager and Deputy City Manager be involved in terms of staff.  Councilmember Britton said he felt it was important to keep the conversation going.  This could occur on a schedule that the Mayor and Council establish.  Mayor Hoffmann said, although the meetings would be informal, it should not preclude an agenda.

Councilmember Gajewski said that he felt that the Mayor and Council had tried to do this by stating that they wanted untelevised worksessions, which did not work, but Councilmember Britton responded that the Mayor and Council should not abandon the whole idea of wanting some opportunity to discuss things less formally than at a televised meeting, even if they got burned by proposing non-televised worksessions.

Upon motion by Councilmember Britton, duly seconded by Councilmember Marcuccio, and passed, with Mayor Hoffmann and Councilmembers Britton, Marcuccio, and Robbins voting, “aye,” and Councilmember Gajewski voting, “nay,” the Mayor and Council voted to move to instruct staff to set up a schedule for a series of periodic meetings, perhaps quarterly, that will be held off-site, will not be televised, and serve as an opportunity to discuss relationships among the Mayor and Council, communication, vision and other topics of interest.

Mayor and Council’s Position on District Court

Councilmember Britton made a statement about his position on the District Courthouse, saying that, as a new member of the Council, he had come to this discussion late, but had been educating himself on the pertinent facts and community issues related to this issue.  He reviewed the timeline on issues related to the courthouse, which had led to this point, including a worksession on May 5, 2005, with representatives from the state. 

While acknowledging the need for a new courthouse, Councilmember Britton cited the concerns of the community related to safety because of the proximity of the courthouse to a church and school, no allowance for parking, and the presence of poor pedestrian circulation.  He said it seemed to him that the primary arguments of state and county officials for building the courthouse on the library site were based on the proximity of the other judiciaries and the funds already spent on design.  However, Councilmember Britton said that he did not feel that the location was supported by the types of analyses that one would expect given the commitment of public funds.  These would have included a thorough analysis of the safety, parking and pedestrian issues.  It would also have included an analysis about whether or not the courthouse as proposed, which while, considerably larger than the current district courthouse, may still not be adequate to address the court’s needs.  Councilmember Britton also mentioned the lack of consideration given to environmental impacts, which he thought might be a prerequisite for state funding of any building.  He said that he was asking staff to investigate this since it may give the public an opportunity for input.

Councilmember Britton said that he was also concerned because of statements regarding what would be included within the courthouse itself, citing the office of the Public Defender and those related to parole, which had been mentioned as not being located in this building, but were now being proposed for inclusion.

In conclusion, Councilmember Britton said that he did not find the arguments of judicial efficacy and monies expended compelling enough to warrant locating the new courthouse on the former library site.  He said he understood that the state was not required to follow the city’s zoning rules; however, in light of the importance of promoting the public welfare a lack of consideration of the community’s concerns on the part of the state was irresponsible.  Councilmember Britton said he advocated a public forum at which all of the concerns could be heard. 

Councilmember Britton then read a written motion, which if approved by the Mayor and Council, would be submitted to the state as follows:
“While the Mayor and Council are committed to the construction of a District Courthouse in the City of Rockville, the Mayor and Council, and the City of Rockville oppose the location of the District Courthouse in its currently proposed configuration at the southwest corner of East Jefferson Street and Maryland Avenue and desire to have it relocated.  In furtherance of this position, the Mayor and Council authorize its representative to testify on behalf of the Mayor and Council before the State Legislative Committee to express it opposition to the current courthouse proposal.”

In response to Councilmember Britton’s statement, Mayor Hoffmann said that she remembered the meeting of the Mayor and Council with the state in May, 2005, regarding the architectural plans for the courthouse, but noted that it occurred during the previous gubernatorial administration.  She said that the present governor, Governor O’Malley. had been a better friend than the City’s own delegation from District 17, specifically Senator Jennie Forehand, on this issue.  She said that, clearly, the corner of Maryland Avenue and Route 28 was the wrong location for the library and that there was no plausible explanation for the continued objection to the City’s wishes to have the courthouse moved to another location.  Mayor Hoffmann said it was clear that Rockville needs another courthouse, just not at that location and would want something mentioning this alternative in any statement.

Councilmember Marcuccio said that she was disturbed by former Mayor Krasnow’s statement that a deal had existed.  She wondered if a formal deal had been made.  Councilmember Marcuccio also said that she felt that the issue of there never having been an impact study was right on target.  She also wondered if Councilmember Britton’s suggested motion would need to be two motions.

Councilmember Robbins commended Mayor Hoffmann and Councilmember Marcuccio for their comments and thanked Councilmember Britton for his work on pulling together the information and the statement.

Councilmember Gajewski said this was a difficult issue for him.  He said that, generally speaking, he did not feel that one elected body with specific roles should dictate to another elected body with specific roles and would usually abstain or defer a decision to that body.  However, in this case, there were so many impacts to the City that he felt compelled to act.  Councilmember Gajewski noted that former Mayor Giammo had campaigned on this issue years ago, but that in the elections of 2002 and 2006 when the District 17 delegation was up for election, this was not an issue.  He also noted that there probably was not an appreciable paper trail for any deal alluded to by former Mayor Krasnow.  Councilmember Gajewski also said that the City was not without some responsibility in all of this, citing the request of the Planning Commission to review the plans, which went unanswered.

In terms of the arguments against the courthouse being near a school, Councilmember Gajewski said that he, himself, would be more concerned with having a library close by, given some of the people that hang out there, rather than a courthouse where there is massive police protection.  Councilmember Gajewski said there was no question that there was a parking issue and that pedestrian safety would be an issue, given the size and design of the building.  He also said he appreciated the concern of the legal community about proximity.  However, it was also the case that the State has not engaged the community in any kind of dialogue about the proposed building, acting “arrogant’ in the process.  Councilmember Gajewski said you know this is a concern when the governor of the state, which is erecting the building, characterizes the project as “urban malfeasance.”

Mayor Hoffmann spoke of the tenacity of those in support of moving forward with the courthouse.  Councilmember Britton said that, even if there had been some agreement in the past, the City should still have reason to expect that there would be some kind of community process.

Upon motion by Councilmember Britton, duly seconded by Councilmember Robbins, and unanimously passed, the Mayor and Council approved the following statement:

“While the Mayor and Council are committed to the construction of a District Courthouse in the City of Rockville, the Mayor and Council, and the City of Rockville oppose the location of the District Courthouse in its currently proposed configuration at the southwest corner of East Jefferson Street and Maryland Avenue and desire to have it relocated.  In furtherance of this position, the Mayor and Council authorize its representative to testify on behalf of the Mayor and Council before the State Legislative Committee to express it opposition to the current courthouse proposal.”

Creation of an Asian-American Task Force

Mayor Hoffmann said she would like to entertain a motion to create an Asian-American Task Force to be appointed during May, which is Asian-American Pacific Heritage Month.  The Mayor said that her intention of creating the task force had been the subject of an email to the Council.  In the email, the Mayor had described the purpose of the task force as a way to explore methods to reach out to our largest Rockville minority, searching for mutual interests and other approaches to increase Asian participation in the City.  Councilmember Robbins made the motion to create such a task force, which was seconded by Councilmember Britton.

In discussion, Councilmember Marcuccio said she had not responded to the email because she felt that it singled out one part of the community.  She wondered what exactly would be accomplished by the formation of such a group, saying she preferred to act more collectively, than selectively.

At this point, the vote was taken and, with Mayor Hoffmann, and Councilmembers Britton, Gajewski, and Hoffmann, voting, “aye,” and Councilmember Marcuccio voting, “nay,” the Mayor and Council approved the formation of an Asian-American Task Force to be appointed in May.

 Re: Adjournment  

There being no further business, the meeting adjourned at 10:05 p.m.