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:

• Recruitment for the new Asian-American Task Force is underway
• There will be a stream clean-up on Saturday, April 5
• The new headquarters for the American Speech Language Hearing Association will be submitted for consideration for certification from the U.S. Building Council
• Ms. Funkhouser announced that there will be a roundtable discussion on the City’s elections process on Wednesday, April 2

Re: Zoning Ordinance Update

Chief of Planning Jim Wasilak said that the public record was now closed.  Staff is now putting together a chart of the issues mentioned at the Planning Commission’s public hearings and in written submissions for the record.  Worksessions are scheduled for April 2, 9, and 12.

Re: Citizens' Forum

Re: Response to Citizens’ Forum

Councilmember Gajewski commented on the following:

• Extended a thank you to Mark Pierczhala for comments on NPDES
• Said it would be good to have ability to show complex motions on the TV screen
• Expressed a concern about the lack of rules of procedure for the Mayor and Council
• Stated that he had no objection to the use of powerpoint by speakers at Citizens’ Forum
• Expressed thanks to Ms. Woodward and to the staff for putting together the WECA meeting.
• Agreed with Joe Jordan about the inadequacy of the search engine on the website
• Thanked Mr. Gonzales

Councilmember Marcuccio commented on the following:

• Agreed with Councilmember Gajewski about the search engine on the website, but said she understands that staff is working on it
• Commented that any powerpoint during Citizens’ Forum would need to be brief and to the point
• Said that she thinks that Mr. Gonzales’ comments about solar power has been mentioned before
• Wondered if emergency vehicle access is part of why the traffic patterns mentioned have not been used

Mayor Hoffmann commented on the following:

• Asked Mike Cannon, Director of Information Technology, to give an update on the website
• Said that she thinks the residential use of solar panels is one of the issues to be addressed in the Sustainable Rockville Strategy
• Asked Emad Elshafei, Chief of Traffic and Transportation, to check out Mr. Gonzales’ idea about traffic patterns on West Montgomery Avenue

Re: Public Hearing -Fiscal Year 2009 Proposed Operating Budget, Capital Improvements Program, and Constant Yield Tax Rate

The Mayor and Council convened in Public Hearing on the Fiscal Year 2009 Proposed Operating Budget, Capital Improvements Program, and Constant Yield Tax Rate at 7:32 p.m.  The Mayor read a statement regarding the public hearing, saying that this is the first Public Hearing on the FY 2009 Budget; a second hearing will be held on Monday, April 14.

The Mayor and Council heard testimony from Budget Officer Stacy Tate and two other speakers.  The testimony of the speakers 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, at 7:52 p.m., the Mayor said that the hearing would be continued at 7:00 p.m. on the aforementioned date.  The Mayor urged citizens to come to testify or to submit written testimony via mail or email.  The FY 2009 budget is scheduled to be adopted on Monday, May 19.

Re: Public Hearing for Historic District overlay zone for the former Rockville Regional Library, 99 Maryland Avenue

The Mayor and Council convened in Public Hearing at 7:55 p.m. regarding Historic District overlay zone for the former Rockville Regional Library, 99 Maryland Avenue.  The Mayor and Council heard testimony from Jeff Winstel, Historic Planner, and eleven other speakers.  There being no other individuals wishing to speak, the Mayor closed the Public Hearing at 8:35 p.m.

City Attorney Paul Glasgow provided the Mayor and Council with some options as to how to proceed should they wish to close the record this evening and instruct staff.  Councilmember Gajewski expressed his concern about proceeding without any clear rules of procedure and made a motion for the Mayor and Council to adopt Robert’s Rules.  The Mayor said that she would prefer to deal with this under Old/New Business, but Councilmember Gajewski said that he was basing his timing on the City Clerk’s statement that a motion can be made at any time.  The motion was seconded by Councilmember Marcuccio.

In discussion, Councilmember Gajewski said that he felt that it would be beneficial to adopt Robert’s Rules, at least until the Mayor and Council could agree on something.  He said that rules of procedure were important because, without them, he was not sure how to proceed and that actions of the Mayor and Council could be questioned.  Councilmember Gajewski recounted the history of his motion from last week to have a meeting on April 7.  He thought it had passed based on his understanding that Robert’s Rules would apply, but the Mayor had stated that the motion had failed.
Councilmember Marcuccio said that nine times out of ten, Robert’s Rules would be expected as the rules of procedure.  She it now had been brought to the Mayor and Council’s attention that this was not the case. 

A vote on the motion to adopt Robert’s Rules until the Mayor and Council took further action to adopt rules of procedure was taken.  With Councilmembers Gajewski and Marcuccio voting, “aye,” and Mayor Hoffmann and Councilmembers Britton, and Robbins voting, nay,” the motion failed

At this point, discussion returned to the item, which was the subject of the Public Hearing, that is, the Historic District overlay zone for the former Rockville Regional Library, 99 Maryland Avenue.  A complete record of the Mayor and Council’s comments can be found in the official public hearing file in the City Clerk’s Office. 

Upon motion by Councilmember Britton, duly seconded by Councilmember Robbins, and passed by the Mayor and Council, with Mayor Hoffmann and Councilmembers Britton, Marcuccio, and Robbins voting, “aye,” and Councilmember Gajewski voting, “nay,” the Mayor and Council voted to close the public record and instructed staff to return with an ordinance for adoption on April 14.

Re: Approval of a letter to the Maryland Department of Housing and Community Development supporting a request by Montgomery Housing Partnership for Low Income Tax Credits to assist in the financing for the development of Beall's Grant II 

City Manager Ullery asked if the Mayor and Council had any questions or needed any further discussion of this item.  Councilmember Marcuccio said that Ed Duffy, Acting Director of Community Planning and Development Services, had answered all of her questions.

Upon motion by Councilmember Robbins, duly seconded by Councilmember Marcuccio, and unanimously passed, the Mayor and Council approved a letter to the Maryland Department of Housing and Community Development supporting a request by Montgomery Housing Partnership for Low Income Tax Credits to assist in the financing for the development of Beall's Grant II 

Re: Future Agendas 

Ms. Funkhouser and Mr. Ullery said that they had nothing to add to the list that the Mayor and Council before them this evening.  Mr. Ullery noted the second public hearing on the budget would take place on April 14 along with a discussion of the water rates.  

Mayor Hoffmann mentioned the rededication of the Eternal Flame in front of City Hall also scheduled for April 14 prior to the meeting.

Re: Old/New Business

Councilmember Gajewski said that he was concerned about operating with no formal rules of procedure.  He said he would again make a motion for the Mayor and Council to convene a meeting on this on April 7, which was seconded by Councilmember Marcuccio.  

Councilmember Britton said he would like to instruct staff to come back with some standard operating procedures, although he said he questioned the urgency since the type of procedures used by the Mayor and Council are a common occurrence under common law.  He also said he thought formally adopting Robert’s Rules without due consideration was unwise due to the complicated nature of the rules.  Councilmember Britton said he was inclined to stay with the practices currently in place with some modifications, adding that he found Robert’s Rules to be too restrictive.

Councilmember Gajewski said he would like to speak to the contents of the motion- having a meeting to discuss this on April 7, adding that there are many models available from sources such as the League of Women Voters.  He said that he realized that civilization won’t fall without rules of procedure, but he would like to be in compliance with the City Charter.

Mayor Hoffmann asked City Attorney Paul Glasgow if the Mayor and Council were out of compliance and Mr. Glasgow replied that he did not think that they were.  The rules would be what works best for the Mayor and Council in order for them to deliberate and take action.   Mayor Hoffmann made the observation that nothing specific in terms of rules had been instituted since she had been elected to the Council in 2001.  Mr. Glasgow said it was his recollection that nothing had been instituted since he had been at the City, which was in excess of twenty-five years.  Mayor Hoffmann said she did not want anyone to think that the Mayor and Council were “spinning out of control.”  She said she understood that Councilmember Gajewski was questioning the vote on having a meeting on April 7, but that the practice had been that for something to pass, it would require a majority of those in attendance, not only those voting, as is she had subsequently learned was proscribed by Robert’s Rules.  Councilmember Gajewski said that he doubted that there would have been many instances in which this would indeed have been the practice to use as an example, because that would imply lots of abstentions.

Regarding the issue of the abstentions, which had been the cause for concern with the voting procedures, Mr. Glasgow said an abstention is considered a “no vote.”

Councilmember Britton said that he wanted to go back to his motion, stating he was calling the question.  Councilmember Marcuccio said that once something is challenged, it is necessary to resolve it and that she was much lass comfortable continuing under the informal procedures than before.  She also said she did not see any problem with meeting on April 7.

At this point a vote on Councilmember Gajewski’s motion to convene on April 7 was taken.  With Councilmembers Gajewski and Marcuccio voting, aye,” and Mayor Hoffmann and Councilmembers Britton and Robbins voting, “nay,” the motion to have a meeting on April 7 failed.

Councilmember Marcuccio reiterated her belief that, since this had come to the Mayor and Council’s attention, there needed to be some resolution of the issue.  There was discussion about the timeframe for the City Attorney to return with some suggestions for rules of procedure for the Mayor and Council.  Since April 14 is the second Public Hearing on the FY 2008 Budget, Mr. Glasgow suggested that he return on April 21 with some recommendations.  Mayor Hoffmann asked if anything on the agenda for April 14 that would require a vote and Mr. Glasgow said only the historic designation of the library was scheduled to come forward based on the instructions of the Mayor and Council earlier this evening.  Mayor Hoffmann expressed her hope that members of the Mayor and Council would chose to vote on that item, so a similar situation as the one that took place previously would not take place.

Re: Adjournment  

There being no further business, the Mayor and Council adjourned at 9:25 p.m.