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APPROVED: Meeting No. 12-08 |
MAYOR AND COUNCIL
ROCKVILLE, MARYLAND
Meeting No. 08-08
March 17, 2008
The Mayor and Council of Rockville convened at 7:04 p.m. on Monday, March 17, 2008, in the Mayor and Council Chambers, Rockville City Hall, 111 Maryland Avenue, Rockville, Maryland.
PRESENT | |
Mayor Susan R. Hoffmann | |
Councilmember John B. Britton | Councilmember Piotr Gajewski |
Councilmember Phyllis R. Marcuccio | Councilmember Anne M. Robbins |
In attendance: City Manager Scott Ullery, City Attorney Paul T. Glasgow, and City Clerk Claire Funkhouser.
Re: Opening Remarks
The Mayor wished everyone a Happy St. Patrick’s Day. On a much sadder note, the Mayor also said that she had just been informed of the death of a Rockville resident and asked for a moment of silence as a sign of respect.
Re: Agenda Review
City Clerk Claire Funkhouser said that there were no changes to this evening’s agenda.
Re: City Manager’s Report
City Manager Scott Ullery reported on the following:
Re: Zoning Ordinance Update
Planner III Deane Mellander reiterated the dates for the Planning Commission worksessions mentioned by Mr. Ullery.
Re: Appointments
Board of Supervisors of Elections
Upon motion by Councilmember Robbins, duly seconded by Councilmember Britton and unanimously passed, the Mayor and Council reappointed Sidney Gottlieb to the Board of Supervisors of Elections until March 1, 2012.
Senior Citizens Commission
Upon motion by Councilmember Britton, duly seconded by Councilmember Robbins, and unanimously passed, the Mayor and Council appointed Norene Stovall to an unexpired on the Senior Citizens Commission until October 1, 2008.
Re: Citizens' Forum
CITIZEN | TOPIC |
Theo Anderson | Process for appointments for City Boards and Commissions |
| Norene Stovall | Happy St. Patrick’s Day; Thank you for appointment to Senior Citizens Commission |
Re: Consent Agenda
Upon motion by Councilmember Gajewski, duly seconded by Councilmember Robbins, and unanimously passed, the following items on the Consent Agenda were approved:
(A) Approval of Minutes for the meeting of February 11, 2008
(B) Rejection of bid from Finley Asphalt & Sealing Inc., of Manassas Park, VA as a
non-responsive bid and award of IFB #41-08, to Asphalt Pavement
Rehabilitation of Various Streets (thin lift overlay) to the two lowest responsive
and responsible bidders; Francis O. Day, Inc. of Rockville, MD and M. Luis
Construction Co., Inc of Clinton, MD in an aggregate amount not to exceed
$2,500,000
Re: Authorization to File Proposed Text Amendment Proposed Text Amendment To allow additional encroachment of covered porches, steps and stoops into the front and rear yard setback areas.
Deane Mellander described the proposed text amendment, which would allow porches to extend twelve feet into both the front and rear yard setbacks, as opposed to the current law, which only permits a covered porch to extend three feet into the setback areas and is limited in width to ten feet. The current law also allows uncovered steps, stoops, or porches to extend nine feet into the front or rear setbacks. The language contained in the proposed text amendment is based on language in the draft of the new zoning ordinance.
Councilmember Marcuccio asked if there would be a public hearing on this and City Attorney Glasgow said that there would be one. There was also discussion about the definition of covered versus uncovered porches and the fees associated with such structures.
Councilmember Gajeswki noted that this was an interim measure to allow these structures to go forward in anticipation of the new zoning ordinance. Mayor Hoffmann commented that this type of legislation speaks to how great a City Rockville is in that the language makes reference to the use of porches in encouraging neighborliness.
Upon motion by Councilmember Britton, duly seconded by Councilmember Gajewski, and unanimously passed by the Mayor and Council, authorization of the text amendment was approved.
Re: Introduction and Adoption of Ordinance to amend Chapter 23 of the Rockville City Code entitled "Traffic" by amending Section 23-22 entitled "Notice of violation; payment of penalty; failure to pay penalty; issuance of summons" and by adding a new Division 4 entitled "Town Center City owned Garage Parking" so as to establish parking regulations for the City owned Town Center Parking Garages.
Ordinance No. 3-08
City Manager Ullery said that this was primarily a housekeeping matter to bring the parking regulations for the Town Center garages in line with the parking meters. Since the City has never operated pay stations in parking garages before, there was a need to address this in the City Code. Police Captain Bob Rappaport said that the ordinance was drafted to correspond with the language already in the Code related to parking.
Mayor Hoffmann stated that the warning period would continue until March 24. There was some discussion about other aspects related to parking in the garages, such as the hangers for prepaid parking and parking for taxis.
Councilmember Marcuccio introduced the ordinance. Councilmember Britton made a motion to waive the layover period, which was seconded by Councilmember Robbins. Councilmember Gajewski cautioned on waiving the layover. Mr. Ullery said that staff was hoping to be able to begin to fine people on March 24. With Mayor Hoffmann and Councilmembers Britton, Marcuccio, and Robbins voting, “aye,” and Councilmember Gajewski voting, “nay,” the layover period was waived.
Upon motion by Councilmember Robbins, duly seconded by Councilmember Britton, and unanimously passed, Ordinance No. 3-08 amend Chapter 23 of the Rockville City Code entitled "Traffic" by amending Section 23-22 entitled "Notice of violation; payment of penalty; failure to pay penalty; issuance of summons" and by adding a new Division 4 entitled, "Town Center City owned Garage Parking," so as to establish parking regulations for the City owned Town Center Parking Garages, was adopted.
Re: Approval of Revocable license agreements for three private driveways within the unimproved Joseph Street right-of-way.
Civil Engineer John Scabis gave some history of this item, describing the timeline and several discussions, which led up to tonight’s requested action of approval for three private driveways within the unimproved Joseph Street right-of-way. The driveways belong to Jorge and Fernanda Mouco, R.E. and Catherine Bisnett, and John P. Hancock, respectively. Mr. Scabis said that each of the property owners has signed a letter agreeing to a revocable license agreement with provisions suggested by the Mayor and Council last June related to license agreements and paving upgrades to the gravel driveways, as well as those provisions typical to other right-of-way agreements.
Councilmember Marcuccio asked how control of the City property adjacent to the properties at issue will be maintained, adding that she wanted to be sure that people are aware of the limitations on what can take place in that area. Mr. Scabis said that the signing of these agreements does not affect the usage of the City park area and that activity such as playing ball would still not be allowed there. Mr. Scabis also said that the new zoning ordinance is expected other types of issues that had come up during the discussions regarding how to handle the encroachment of the driveways, such as the height of fences.
Upon motion by Councilmember Gajewski, duly seconded by Councilmember Britton, and unanimously passed, the Mayor and Council authorized the City Manager to execute revocable license agreements for three private driveways within the unimproved Joseph Street right-of-way.
Re: Briefing on the City of Rockville National Pollutant Discharge Elimination System (NPDES) permit requirements including implications for the City's Stormwater Program
Chief of Environmental Management Mark Charles said the purpose of this evening’s briefing is to provide the Mayor and Council with an update on overview of National Pollutant Discharge Elimination Systems (NPDES) and to inform the Mayor and Council regarding NPDES permits and the implication for the City’s stormwater management program. Mr. Charles said that, in 1972, Congress amended the law to add a regulatory program identified as the National Pollutant Discharge Elimination System (NPDES) permit program. The goal of the NPDES program and the Clean Water Act is to restore, protect, and maintain the physical, chemical, and biological integrity of the nation's waters, including the restoration and recovery of the Potomac River and the Chesapeake Bay. Mr. Charles said that, while the Clean Water Act instructs the U. S. Environmental Protection Agency (EPA) to issue and enforce NPDES permits, the law also allows interested States to seek authorization to act in lieu of EPA. Maryland sought and received this authority and the Maryland Department of the Environment has been issuing these permits since 1974.
Regarding the permits for NPDES, permits may contain a variety of requirements in order for a point source discharge of pollutants to legally occur. The permit may restrict the discharge quality in order to protect the stream ecology. The permit also may contain self-monitoring and reporting requirements as well as best management practices to further control the discharge. Best management practices include spill prevention measures, secondary containment, staff training, and pollution prevention measures such as storm drain cleaning and street sweeping. Mr. Charles explained that permits are good for no more than a five-year term, but are renewable. Permits are enforceable by the EPA, the Maryland Department of the Environment and any interested citizen. An interested citizen can be anyone who lives or works in Rockville, lives or works in the downstream portion of the City’s three watersheds, or anyone who recreates in and around the three watersheds or the Middle Potomac River into which they flow. Enforcement sanctions include civil penalties of up to $27,500 per violation per day, and up to $50,000 and imprisonment for up to three years for knowing violations.
The City of Rockville holds four different NPDES general permits for ongoing discharges that the City makes into the Cabin John Creek, Rock Creek and Watts Branch watersheds. These discharges are:
Mr. Charles said that the permit for discharges from the storm drain network differs from other general permits in that it requires the City to prepare and submit a description of its stormwater program and priorities, and, in turn, incorporates that program description as enforceable conditions of the permit. In this sense, Rockville created its own permit requirements, which became enforceable commitments once they were accepted by the Maryland Department of the Environment (MDE). In the event MDE is unsatisfied with the level of commitment, it has the power to compel such actions as it deems necessary through the permit. The City’s permit will expire soon and will be working on its application for renewal. Mr. Charles also described the program areas that the City has put together as part of its compliance with the permits and the ways that the City measures its success.
Councilmember Marcuccio asked if the same permitting process was involved with sewers. Mr. Charles said it covered what goes into the WSSC sewer system. Councilmember Marcuccio commented that she found the measure of run-off a bit vague and wondered if there were measurements or standards. Mr. Charles responded that the City filed a report annually on twenty-three permit commitment areas, but that sewer run-off was not one of them. Councilmember Marcuccio also asked about the cost of a permit and Mr. Charles replied that so far there was no cost, per se, just the cost associated with filing for the permit.
Mayor Hoffmann asked if the EPA standards associated with the Clean Water Act have changed. Mr. Charles responded that was difficult to answer because past recommendations are not enforceable and standards are somewhat dynamic, with eight or ten standards going up or down every year. Mayor Hoffmann said that it seems that MDE looks to the City to see whether or not we are underachieving and wondered if EPA also examines the data. Mr. Charles said that EPA looked at summary data, but expects the state to take the lead. Mayor Hoffmann alluded to the civic conscience on these issues, saying that the Environment Commission, as the community’s representatives, would certainly be involved with this.
Re: Discussion & Instruction regarding 1) 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” and making other related changes to Chapter 19; and 2) Proposed changes to the Sediment Control and Stormwater Management Regulations.
City Manager Ullery said that he was recommending deferring the implementation of any fee related to the Stormwater Management Program until the FY 2010 budget, beginning in July 2009. He introduced Lise Soukup, Civil Engineer, to give the presentation regarding the changes proposed for the Stormwater Management and Utility Program. Ms. Soukup reviewed the timeline, leading to this evening’s discussion, and the public outreach since the December 17 introduction of the ordinance. She also described new and enhanced regulatory compliance including NPEDS and the 2000 Chesapeake Bay Agreement, and the City’s aging SWM infrastructure, which have compelled the City to move forward. Ms. Soukup described the purposes of the Stormwater Utility Program, including the following:
In terms of financing, Ms. Soukup said that the functions relating to SWM have historically been split between the General Fund and the SWM Fund. It is proposed that everything will be consolidated into the SWM Fund. Also, additional staff will be added over the next several years to accomplish the existing and new tasks associated with the program.
Ms. Soukup described the alternative funding mechanisms that had been considered in order to fund the program. The two most practical choices were an increase in the property tax based on property values or the creation of a SWM Utility Fee based on the amount of impervious surface. Of the two, the choice of the utility fee became apparent because of its fairness to homeowners given the large amount of impervious surface in Rockville due to businesses, schools, and other governmental operations.
The law that was introduced in December 2007 applies to all properties, consolidates all SWM, storm drainage and water quality protection programs under the SWM Fund. The law as introduced also describes how the SWM Utility Fee will be assessed based on site imperviousness and number of Equivalent Residential Units (ERUs). Revisions in the introduced SWM law specify that the SWM Utility Fee will be charged through the annual real estate tax bill sent out by Montgomery County. It also modifies the collection measures and penalties of delinquent fees, defines community associations to include condominium and homeowners associations, and modifies the fee adjustment process to refer to procedures in the regulations.
Ms. Soukup also reviewed the regulations from December 2007 and outlined the changes made to those, including modifying the fee adjustment request process to thirty days, with an additional thirty-day extension possible. The fees were also adjusted to modify the billing for common space owned by condominiums and allowed a fee credit for structural SWM facilities that provide ground water recharge.
Ms. Soukup said that the Environment Commission submitted some comments relative to the phrasing of SWM purpose, descriptions, and terminology. It also recommended triggers/ controls for SWM and sediment control permits to be tightened in addition to changing requirements to count Low Impact Development (LID) SWM. Other comments pertained to billing and the creation of a separate fund away from the General Fund.
Ms. Soukup said that staff is recommending that the Mayor and Council direct staff to make revisions and proceed to adoption of the introduced ordinance and approval by resolution of draft regulations, implement the first year of the SWM Utility program as described in the proposed FY2009 Operating Budget, and defer setting a SWM fee rate until 2009, utilizing a portion of the SWM Fund balance for the first year of the program.
Based on the staffing chart for the program, Councilmember Britton wondered where the responsibilities for outreach, education, etc., as well as SWM inspection and maintenance would fall. Ms. Soukup explained that that was still under discussion, but that those activities would probably continue to be shared within the division.
Councilmember Britton also inquired as to the question of private SWM facilities in terms of whether or not MDE would have to get involved with the oversight. Mr. Charles said, hopefully not, since the City is charged with that oversight. Councilmember Britton also asked about the ramifications of illegal dumping, Mr. Charles said that it is unclear as to the extent of the impact of this, but outfalls would begin to be mapped this spring.
Regarding Low Impact Design (LID) issues, Councilmember Britton asked about the use of regulations. Ms. Soukup said that, while the state’s approach is to use a “stick,” the City’s is to use a “carrot.” This will be an area that will need to be monitored and reported on at a later date.
In terms of the ERUs, Councilmember Britton asked about the allocation system, saying he wondered about the benefits of applying the median across the board. He explained that he needed to feel more comfortable with the tiered approach. Ms. Soukup replied that the consultants working with the City said that most communities have gone with one rate because of several factors including: the issue of management and the need to look at each lot, which would be a monumental task; the abundance of trees in Rockville, which would make aerial assessment difficult; and the basic uniformity of lot sizes in the City, which means that the rate would effectively not change, although the work to calculate that would increase tremendously.
Councilmember Marcuccio commented that consolidation usually reduces costs, but this proposal seems to be increasing costs. Ms. Soukup responded that the program would not only be expanded but also enhanced. The requirements continue to complicate things, plus the need to make up for areas where there is no SWM in place adds to the costs. Ms. Soukup said that, hopefully, the program will help to address some of these longstanding issues. Also, new development is not without challenges, giving an example some of the issues encountered with the development at King Farm.
Ms. Straus cited projects such as College Gardens Park, which involved extensive stream restoration as well as an effective pal the community found attractive. She also mentioned the state regulatory requirements.
Councilmember Marcuccion said she was concerned about the bond funding, fees and debt service related to the program. She wondered, if the Mayor and Council accepted the document, were they committing to a fee in FY2010?
Mr. Cohen replied that, if the City is to borrow money, it needs to put a fee in place so that the money can be paid back. Councilmember Marcuccio said she had no sense of how the money was to be spent, year-by-year. Mr. Cohen said that plans would be part of the projects listed in the Capital Improvements Project (CIP) as part of the FY 2009 budget. Mr. Ullery said it might be helpful to identify those specifically.
Councilmember Gajewski said he, too, understood the concerns about economic pressures and was thrilled that Rockville had the resources to begin the work, while delaying the fee. He asked when the taxpayers would first see the bills and was told it would appear on the June 30, 2009 bill issued by Montgomery County.
Mayor Hoffmann asked when the report on Low Impact Development (LID) could be expected and Ms. Soukup said the estimate was fall of 2008. Mayor Hoffmann, referring to the overall program, said she thought it was a good example of looking ahead. She added that she felt it was necessary and was pleased to see the work going forward.
Councilmember Britton said that SWM was not regulated for a long time and that the initial work was easy, but the last 10% is challenging. He said he appreciated the report and the items identified under the law and peer review. He agreed that the program needed to go forward.
Councilmember Marcuccio returned to the issue of cash flow. She said she would rather defer borrowing and said she could not support the program if debt is tied to the project. Mayor Hoffmann reiterated that the fee would not start until FY 2010. Mr. Ullery said that the decision to borrow or not to borrow would ultimately determine the type of program that the City would institute. Mr. Ullery said, as it is, the City is recommending a “middle of the road” approach.
Councilmember Marcuccio asked if the program could be deferred until next year. Mr. Ullery said that would depend on what problems might be found as well as the issue of compliance. Mr. Charles said that there might be some flexibility because the City is describing its own program. However, Ms. Soukup said that the bottom line is that the fund is not self-sustaining, even without any new programs. Councilmember Marcuccio explained that she was not arguing with the premise, just with the method of funding.
Mr. Ullery said that staff would like the Mayor and Council to proceed towards adoption. Upon motion by Councilmember Britton, duly seconded by Councilmember Gajewski, and passed, with Mayor Hoffmann, Councilmembers Britton, Gajewski, and Robbins voting, “aye,” and Councilmember Marcuccio voting, “nay,” staff was directed to bring 1) the 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” and making other related changes to Chapter 19; and 2) proposed changes to the Sediment Control and Stormwater Management Regulations back for adoption.
Re: Future Agendas
Mr. Ullery said that next Monday, March 24, would be the presentation of the FY 2009 budget.
Re: FYI/Correspondence
Councilmember Gajewski said that he had attended the party at Glenview for Eileen McGuckian as she retired from Peerless Rockville. He commended Ms. McGuckian for her many years of service to the Rockville community, which was echoed by Mayor Hoffmann.
Mayor Hoffmann said she had also attended the Rockville Volunteer Fire Department’s awards dinner last weekend. She said it was great to be in the presence of those who keep our City safe. The Mayor also mentioned that, earlier this evening, the Montgomery County Pipe Band had played at Austin Grill in honor of St. Patrick’s Day.
Re: Adjournment
There being no further business, the Mayor and Council adjourned at 10:46 p.m.