Good evening, Rockville.

Today is January 12th, 2026, and we're beginning meeting number two-26.

Please join me as you're able for the Pledge of Allegiance.

I pledge allegiance to the flag of the United States of America and to the Republic for which it stands.

One nation under God, indivisible with liberty and justice for all.

We'll now move to agenda review.

Miss Judy Penny.

Good evening, Mayor and Council.

There are no changes to this evening's agenda.

Thank you.

We'll now have the city manager's report.

Mayor Ashton, members of City Council, ladies and gentlemen, good evening.

I have some good news to start off with.

A while ago, City Council decided to create a city employee first-time home buyers program.

That's a wonderful program thought of by the council.

Have a number of different financial incentives and education as part of that program.

And the goal really is to provide city employees with an incentive to live within the city limits, but more importantly, to have safe, stable housing as your employee for the city.

And today we had our first ever closing.

So it's official.

Really excited about that.

And even better, we have five more closings lined up over the next month and a half.

So congratulations to everybody involved, especially the city council.

Second, just so you know, and I warned you guys about this now.

We are building the budget.

So I'm spending hours and hours and hours with staff in this room, um, going through all of our programs, policies, etc., doing the best we can to formulate a recommended budget for this council to consider later on this year.

Um it's hard work, but it's exciting work because again, as we all say, if you want to know a community's values, look at its budget.

That's all I have, Mayor.

Thank you.

Thank you.

And I had a chance to engage with uh some seniors uh uh and uh they reminded us that not everyone uh can join or take the survey online, so we can mail copies of the survey.

So please feel free to call City Hall if you would like one.

We will send one your way.

Thank you.

All right, we next have board and commission appointments.

We have a few today.

The first is a human rights commission, and we also have a planning commission appointment.

Who would like to make the motion for the human rights?

Ms.

Shaw, Councilmember Shaw.

Madam Mayor, I move to approve the new appointment to the Human Rights Commission of Magna Brown to serve in an expiring three-year term until November 1st, 2028.

Excellent.

Thank you.

Do we have a second?

Councilmember Valeri Seconds.

All those in favor, please raise your hand and say aye.

Aye.

And uh, she is here today.

Please stand.

Thank you.

Thank you for your service.

All right.

We'll now move on to the planning commission.

Councilmember Valeri.

Madam Mayor, I move to approve the reappointment to the planning commission of Jamie Espinoza to serve a new five-year term until February 1st, 2031.

Do we have a second?

Councilmember Fulton seconds.

All those in favor, please raise your hand and say aye.

Aye.

Okay, thank you.

We have unanimously approved both appointments.

Thank you very much for your service.

We will now move over to community forum.

This is a time for us to hear and the ideas, needs, and concerns of our community.

All persons I'll address the mayor and council in a civil and courteous manner and be respectful to each other as well.

Each person is allowed three minutes, and we ask that you stick to the three minutes allowed.

There is a time clock in front of you.

You will hear an audible beep at the end of your three minutes.

Please state your name and if you live in the city of Rockville for the record.

The first person we have is Ibo Alouch.

Welcome.

Hi, City Council.

Hi, Mayor.

My name is Ibo.

I'm with Rangers Voting, and today I'm here to talk about inviting you all for RCV Day.

We're going to be next January 23rd from Fort to 6 in Ward of Beer across the street, right here.

Is we're going to be for a happy hour to celebrate Rancho's voting, what we did over the last year.

And I want to talk also about the RCV legislation of general assembly.

RCV will send sending a sign in a sign-on letter to the mayor and council to support the can of the county enabling the bill.

I'm so sorry, I'm nervous.

I don't know why.

That's okay.

Please take your time.

Thank you so much.

And I'm not, I'm not a resident.

I should be answered this question from the beginning.

Thank you so much.

That's all that I have.

Thank you.

We appreciate your testimony.

Welcome, Dreva Diego Kumar.

Okay, um Duruba Diego Kumar.

Um now I don't want to do the same intro in the new year about this presiding leading.

Um, so I will change it a little bit, and I'll say thank you for this open democracy forum, this opportunity.

Now my method, my disposition a little bit different, don't mind.

Uh we're in a new uh century.

Um, so a little bit different.

I want to look compared to other people.

Now, as mentioned possible candidate from Montgomery County, Maryland Government Council at large, or United States House of Rep, Congress, my talent, skills, education, all subjects experience, better for my home nation, USA in Congress.

So I'm leaning towards that.

I already have a plan to bring over 20 billion to this county, 20 billion dollars.

I can work both sides.

Um look that.

Now, my preamble pledge of allegiance to British America, USA America, rule of law, rule of law.

Um now, uh, do not pledge allegiance is already succeeded.

Montgomery County uh council for decades uh with a Tacoma Thrace CO, 65%, uh Ocho, 80%, to be usurpers of all our resources, and this idiocy abusive juvenile cut and paste Montgomery uh manufacturer, blubber dub, Charles Play Montgomery County, Maryland government council that is only for Latin America Central American illegals and undocumented, leaving so many behind.

Now it's a new year, I have a new message.

Um I want to say I want to uh charge you all the county and the city because we need to start refrain from using this uh illegal undocumented term.

I use it in context.

Um it's not a kinder, gentle gentler term.

Now, um because they've been contributing here for decades, they've established themselves.

So I want to categorize this as established uh themselves.

But the I mentioned before the mental health problem with the young when we use these terms.

My demarcation in terms of really enforcing our ill illegal undocumented border issues is as of the second presidency.

Prior to this, I would do a sophisticated analysis.

Now I want to repeat again my um a lot of time is so many things.

I've discussed you setting up a task force.

This is the reason why because I don't get enough time.

Uh, this is for safety.

Uh and also I need strategy for um against harassment, stalking, taunting.

Um, so I've requested this many times, and I'm requesting again.

Thank you.

Thank you very much.

That exhausts the list of those who have signed up in advance.

Would anyone else like to speak?

Okay.

I want to uh call my colleagues' attention to the fact that they are our written comments that were submitted to mayor and council.

We have a list in our reference guide, and I know that some have come through uh after that.

We'll now move on to a consent agenda.

We have a few items to review.

One is award a contract in the form of a purchase order on the 72-hour LLC, which is the National Auto Fleet Group of Waytonsville, California for the purchase of one freight liner in the amount of about 300K consistent with the terms and cooperative purchase source while contract.

We have the FY2025 annual comprehensive financial report, which also includes an independent order report and the FY25 popular annual financial report.

Item C is the approval of a memorandum of understanding between the City of Rockville and the Montgomery County Board of Elections for them to use our drop box located at City Hall.

Uh, those are the three agenda items.

Would anyone like to pull any?

Okay.

And then uh before we move forward, um, I just wanted to give the city manager a time to share a quick update uh because we do have the popular annual financial report.

We talked about this in the leadership planning team meeting this morning.

It is something that gives a status update on the city's finances, and uh it's something that the staff has done a wonderful job.

I encourage you to take a look at it online as well, Mr.

Mihailik.

Thank you, Mayor.

I'll be I'll be brief.

Um, just so people know what's on the agenda tonight.

It's really the annual comprehensive financial report, also known as the ACFER, and also the PAFER, which is the popular annual financial report.

City has a financial policy that on an annualized basis, again, every single year, we hire an independent auditing firm to go through our financial statements to make sure they're in good order.

And those are the two documents that are before the council this evening.

The good news is our financial position is very strong, and we do follow all policies specifically.

There are no significant financial issues of concern, and there were no identified material weaknesses.

All government funds ended the year with positive fund balances and all government funds were within the mayor and council's adopted policy guidelines.

All the enterprise funds, except the parking fund had positive net positions as of June 30th, 2025.

The parking fund, as you know, is carrying some debt service for the original construction of the parking structural.

It'll remain that way until that debt service is retired.

All the enterprise funds had a positive cash flow.

If anybody's interested in looking at those reports in detail, they are uploaded online at Rockville MD.gov financial reports.

Happy to answer any questions, Mayor.

Thank you.

Thank you, everyone.

Does anyone have any questions and thank you for that report?

Okay.

I would also note that uh one other important thing that we get is uh we did not raise taxes, we haven't raised them in a while.

And then and also in the report, you note uh that we have uh adequate amount of or exceed the the amount for the reserve funds.

Those are both correct, Mayor.

Thank you.

Okay, thank you.

All right, any questions?

Great.

Uh just want to see if we have a motion to approve all of the consent agenda items.

Councilmember Jackson.

Thank you, Mayor.

Uh, I move to approve consent agenda items A, B, and C.

Thank you.

Do we have a second?

Councilmember Shaw, seconds.

All those in favor, please raise your hand and say aye.

Aye.

And I'll end with a huge thank you to our finance team as well as our procurement team uh for all the consent agenda items and for keeping our city on track budgetarily.

We have an action item for today, uh 11A, adoption, potential adoption of an ordinance to amend chapter 10.5 of the Rockville City Code entitled Forest and Tree Preservation to bring the chapter into conformance with the current state law and make various modifications to improve the administration of the chapter.

Uh while uh setting up, I just want to introduce Anthony Mazza as well as Sean Ryan, and we also have panelists Craig Zimeno, John Foreman, Nick Dumay, Steve Mater, Paula Perez, and Erica Eekins.

Welcome.

Uh thank you, Madam Mayor.

I'm excited to be back uh with the body this evening to present this for you.

All right, so uh good evening, Madam Mayor and members of the council.

I'm Sean Ryan with CPDS.

I'm uh pleased to be with you this evening, as I said, uh, to present to you the proposed amendments to Chapter 10.5 of the Forest and Tree Preservation Ordinance, also known as the FTPO, uh, for your consideration.

All right, so just a brief outline uh for the body.

Uh during the presentation, I will discuss staff's suggested motion uh for your consideration.

I'll provide some brief background on this effort, a timeline of key milestones in 2025, the latest amendments to the FTPO, as well as in proposed next steps.

Uh so first off, uh staff's suggested motion is that the mayor and council move to adopt the ordinance at attachment one of the staff report to amend Chapter 10.5 of the Rockville City Code entitled to Forest and Tree Preservation Ordinance.

All right, so just some brief uh background.

I know it's been a little bit of time since I've been before uh the body with this item.

Um so just like to give you a quick refresher um on the background regarding these amendments.

The original impetus for making amendments to the FTPO began when the state of Maryland passed Senate Bill 526, the Forest Preservation and Retention Act in 2023.

Updating the FTPO to reflect the new requirements in Senate Bill 526 presented a unique opportunity to make additional updates at the recommendation of the public, mayor and council and staff.

Staff originally introduced amendments to the FTPO to Mayor and Council in May 2024.

This was followed by a public hearing on August 2024.

And in September 2024, staff heard uh discussion and instructions from the mayor and council, which primarily focused on a series of additional recommendations uh recommended amendments to the FTPO from the mayor and council, which will be discussed shortly.

All right, so I'd like to provide a timeline of all the events that took place in 2025.

As I said, with the last public hearing taking place on September 30th, 2024, I would like to take you through this timeline of events that occurred behind the scenes during the last year.

Following the September meeting with the Mayor and Council, staff was tasked with submitting the proposed amendments to the state, the State of Maryland Department, sorry, State Maryland Department of Natural Resources, excuse me, also referred to as MDNR for review.

To support jurisdictions across the state in meeting compliance, MDNR requested that jurisdictions not submit their amended ordinances until after MDNR had released their updated forestry technical manual as well as their draft model ordinance.

The technical manual was released in early 2025, and the draft model ordinance was released May 23rd, 2025.

After reviewing MDNR's manual and draft ordinance, staff submitted the FTPO amendments to MDNR for review on June 20th, 2025.

Staff then received comments from MDNR on the proposed amendments on September 29th, 2025.

The comments were generally minor in nature, and they can all be found in the staff report in their entirety.

Staff resubmitted the amended FTPO addressing MDNR's comments one month later on October 20th, 2025.

And four days later in late October, MDNR confirmed that the proposed ordinance adequately adequately addressed their comments and complied with state law.

All right, so now I'd like to go over the changes that were made at the direction of the mayor and council at the last meeting in September.

And this this slide, it does showcase all of those changes.

However, the first change I will note is the single substantial comment that was provided by MDNR to staff regarding an off-site planting requirement.

And the additional the additional six amendments are recommendations that were made from mayor and council to staff during the September meeting, as I said.

So first off, off-site planting under state law, off-site planting is a permitted option for mitigating forest removal, and it was not included in the original FTPO amendments.

So staff have added off-site planting to the mitigation options.

So providing an example of off-site planting and how it could be utilized, I think might be helpful here.

So hypothetically, a developer could come in who may wish to remove a certain amount of forest for a proposed development.

The developer may not have adequate space on the subject property for reforestation.

With the off-site planting provision, the developer could secure the rights to reforest an off-site property that's within city limits.

Now that property would still be subject to a forest conservation plan and all of the protections associated with it, such as a forest conservation easement and a warranty and maintenance agreement.

All right, so next up, uh the mayor and council was interested in instituting a native species requirement.

And that that was also echoed by public comments that we'd received on the FTPO as well.

So that being said, um, I will state that going back and reviewing uh the mayor and council's previous discussions on it, the mayor and council had explored uh numerous percentages, generally ranging from 70 to 80 percent for the native species requirement.

Based on that feedback, we're very pleased uh to announce that we have revised the draft to include that at least 80 percent of trees planted to meet forest conservation requirements must be native species.

Now, further uh dwelling a little bit further into that, in order to do that, um, incorporating a native species requirement necessitates a definition of native species.

Um collaborating with the city forester and the city horticulturalist in recreation and parks department, staff proposed a native uh tree list that would be bound to the mid-Atlantic region, which is a standard uh standardized in the field of forestry, and that list will be drawn from scientific sources such as uh Maryland Department of Natural Resources, Maryland Department of Agriculture, and iNaturalist.

All right.

Uh so moving on next here, uh, encouraging biodiversity.

Uh the mayor and council did note at the previous meeting in September in the context of the proposed native tree species requirement that biodiversity is an important consideration that adds value to the city landscape.

Um while it wasn't specifically required by the mayor and council uh to include a biodiversity requirement, staff appreciated the value of those comments and to that end incorporated language requiring plantings to be met using a diversity of tree species to the extent possible.

This will ensure that plantings provide for biodiversity to promote resilience and ecological integrity.

All right, and forestry official.

Uh so mayor and council recommended that we replace the term code administrator with a term that reflects the expertise required of those who administer the FTPO.

Staff determined that forestry official is an appropriate designation and has uh defined further defined the term in the FTPO to mandate a qualified professional.

Under the Forest Conservation Act, a qualified professional is an individual who's permitted to prepare forest and delineations and forest conservation plans.

Certification as a qualified professional requires prescribed educational and work experience in addition to an MD and R approved forest conservation course.

All right, so next up we have the public notice extension.

The mayor and council recommended that we extend the required number of days for staff to post a public notice prior to the removal of a priority retention uh forest or portion thereof.

Staff did extend the public notice requirement from the original 20 days, which is mandated in state law, to 30 days as requested by the mayor and council.

I will also note that we did receive some public um some feedback earlier today via via email that was requesting that the notice also include the posting of uh signage on the subject property as well as online notification.

Currently, the FTPO requires mailed notice to adjacent and adjoining uh property owners.

However, however, I would like to say that I do believe that it would be possible to also require signage as well as online posting further along in the forest conservation manual, which is to come after, of course.

All right, and lastly, we have the cemetery, the consideration of a cemetery exemption.

The mayor and council asked us to investigate whether an FTPO exemption for cemeteries is feasible.

Staff evaluated uh in conjunction with MDNR and the city attorney's office.

It was determined that under state law an exemption for cemeteries does not exist.

However, staff notes that the new amendment uh for off-site planting does provide an option for cemeteries that may have limited space to remove forest cover and still comply with the FTPO.

So we think that would be a viable option.

All right.

Uh so now I'd like to go uh briefly go over the next steps.

Uh staff's next steps following the possible approval of the proposed ordinance.

Uh so first off, the amended FTPO would go into effect immediately upon possible adoption.

Uh second, we would publicize the amendments to the FTPO through the city website, uh, Rockville reports, uh, as well as an email blast to all recent applicants and known industry professionals and whatever other practical means uh we can we can find for advertising.

Uh finally, uh staff would begin updating the forest conservation manual to reflect changes made to the FTPO immediately upon adoption.

The forest conservation manual is a supplemental technical manual that serves to administer the requirements of the FTPO.

Um, under the current amendments, changes to the forest conservation manual uh would be made with administrative approval.

All right, and then just circling back, uh staff's suggested motion uh for the mayor and council would be to adopt the ordinance at attachment one of the staff report to amend chapter 10.5 of the Rockville City Code entitled Forest and Tree Preservation Ordinance.

And uh with that being said, that concludes my presentation and uh very happy to take any questions.

Thank you very much for the excellent presentation.

I also wanted to particularly point out uh the summary of what you heard from Mayor and Council and what was implemented versus what you had trouble with given uh the compliance needs with the state.

So I think that was very well articulated and appreciated.

Um I just want to open up the floor and see if my colleagues have any questions.

I am going down the line.

Uh okay.

Dr.

Miles, did you want to say something?

Thank you, Madam Mayor.

Just echoing your comments to staff for all the great work and thanks for incorporating the feedback, particularly regarding regarding it a little more have to the title of the person who will be overseeing some of the changes.

Thank you.

Thank you, Councilmember Fulton.

Thank you for this.

Also, great presentation.

One question, and I'm not sure if it's more for the lawyers or you that to the extent possible forest conversation conservation requirements should be met using a diversity of tree species.

Like when is it not possible?

Like I'm just trying to get get a sense of like what that phrase does for us.

Biodiversity.

Yeah.

Yeah, I appreciate that question.

Um so I think that the extent possible is um it it really varies in the sense that um, you know, to what degree.

Um I've we did some research into other municipalities and um if and when biodiversity is required and how exactly you implement that.

And that's where some of the challenges come in is how exactly do you implement it?

Some other locations will have um certain requirements prescribing certain number of species.

Um, but we thought that this language would provide um flexibility.

Um and frankly, in the forest conservation plans that I've seen, there hasn't been um there has not been an issue achieving biodiversity.

Um that's something that developers and staff are always on the same page about.

Um they developers want to have biodiversity in the community as well because it of course it helps them achieve their end goals as well.

So um I will say that I don't really think that um it is not possible to achieve biodiversity, and I'm very confident that we'll be able to continue doing that, um, even with the language structured as it is.

Thank you.

I appreciate that.

And to be clear, I wasn't suggesting that I want absolutes or specific.

I like the language, I just you answered my question.

Thank you.

Thank you, Councilmember Valeri.

Thank you.

Hello.

Um, one of my favorite topics.

Sorry, that was not one of my questions.

Um I have a couple of questions, then I will pass it along to my colleague.

Um, and yes, thank you for all of the amazing work on this.

I know it's been a long process.

Um, can you share as I was looking at um as I was going through the redlined version and looking and comparing it um to the documents that it referenced.

Can you share?

Because I couldn't find it in the where in the forest comparison uh conservation manual is the definition of native trees as is referenced in the draft ordinance.

So the the forest conservation manual is not in the um in the packet, just to be clear, the forest conservation manual has not yet been um has not yet been updated to reflect what's in chapter 10.5 of the city code.

Yep, no, I am I'm I'm well aware.

I pulled it from the forestry web page on folks haven't checked out the new newly redesigned website is awesome.

Um, but in the draft ordinance, um, under the definitions, it refers to if you give me one second.

Um even with all my posts is still um under definitions, native tree means a tree native to the mid-Atlantic region as identified in the forest comp conservation manual.

So then I looked at the forest conservation manual and I didn't see it there, and I um I was just thinking maybe I missed it.

If is there a definition of native trees as currently written in the current forest conference conservation manual?

Um, no, and I appreciate the question because we have not yet updated the manual to reflect these changes in 10.5.

So the intent here, and what will happen is that the manual will manual will be updated to include that.

Okay, and that that's extremely helpful because I was sitting there flipping back and forth, and I thought I missed something, but absolutely.

Yeah, I appreciate that.

Thank you.

Um did the environment commission review the draft ordinance at any point in this process.

The uh yes, we did do a presentation for the environment commission.

Um the details of that are in the staff report.

Um, however, um, as I recall, I'm trying to remember exactly how the the presentation covered all of the proposed changes and everything, and we did receive comments and feedback from the environment commission, which we then took as we were further drafting the ordinance.

Um I I don't believe they specifically had a redlined version.

I think it was more of a presentation style.

Yeah, no, which makes sense.

Um and maybe I I missed it as an attachment, but I didn't see it attached to this agenda item.

Um, and maybe it was attached to the previous agenda item where we had this discussion, but I'm always I'm always a big fan of hearing from the commissions that are um sincere advisory and that are closest to this issue.

Um, and then my uh final question of this round, Madam Mayor.

Um in thinking through uh the off-site planting requirements and other things when it's just not feasible due to um you know the amount of area.

Is there is there's some way that we could take that back?

Um we have 80% in uh native plants in this, which is phenomenal.

I'm I'm a big fan.

Um not surprising to you, I'm sure.

Um, do you believe that we could consider um possible incentives if someone chooses to go above the 80% threshold to utilizing 100% native trees?

I think that in terms of uh incentives, if there were going to be incentives, it would have to come with concessions to the tree requirements.

And to be clear, they could only be concessions to the city specific requirements.

We can't be, we can't be less strict in any way than the state.

So they would have to be in the form of concessions to the city specific requirements, um, which you know, staff was you know, we're trying to get the maximum amount of forest cover back on these sites possible.

That's really our goal.

And and that's largely what we've heard from the community and the mayor and council as well.

So it wasn't something that we um it wasn't something that we really explored just because we didn't want to make those concessions to the tree canopy.

Sure, and and I completely appreciate that.

I guess I was looking at more of a positive rather than a negative pulling away.

So, in some way, um, you incentivize by saying, hey, if you go even further, then these are some awesome things that here are the prizes you can get.

No, um, okay, those are all my questions this round.

Thank you, Madam Mayor.

Thank you very much.

I will just note that I support uh an incentive it if it helps to do something like uh maybe there's a lower fee if you do 100% native or something.

I I we have done incentive programs before, and if we're trying to get uh more native, I I support it.

So just wanted to comment on that.

If it's okay, council, let us roll this out and talk to the users, and if over time they come up with a great idea on incentive, we'll bring it back to council if that's okay.

Excellent.

Thank you.

And I know that's a separate issue because we're gonna go through fees and all of the kind of things, but I just wanted to be on the record for that.

Um, in terms of the forest conservation plan, I do recognize that there's two documents and we're approving one that references the other, but the other one's not updated yet.

Um, would you be giving us a summary of those changes?

Because you're also wanting to uh take the authority from mayor and council to the city manager, and because it is a technical document, which I understand, but um, I would just want to make sure that we're getting a summary of those changes as as and we can actually include that that the mayor and council would get a summary of change in the code, as we've done for other items like this.

Sure.

Um so I think we could provide a summary of changes, absolutely.

Excellent.

Okay.

There's some um, I was looking at the one from 2009, and the reason why I raised it is because um sometimes they're made there's a public process to this, right?

And we got some really good feedback from the community, and um it helped make this better.

So I was just thinking opportunities to be able to see what's going on, so that maybe we're hearing from the environment commission or someone that will help make something better, not that we are gonna dig into the technical, but um, I I I really like that we have made this better through the public process.

Um then um the other question I have is the warranty and maintenance agreement.

Um do we have an active way that we manage warranty and maintenance agreements to check on that people are fulfilling that requirement.

Uh yes, absolutely.

We have a full-time forestry inspector um who uh is out in the field all day, every day, uh five days a week, and specifically with warranty and maintenance agreements, um, we do require um uh two inspections per year.

Um and if the sites are in compliance, then they move on to the next expect uh next inspection.

Um however, if they're not in compliance, then they do have to make corrections to return to compliance with their approved forest conservation plan.

And then a reinspection occurs.

And that the warranty and maintenance period is in effect for the full five-year duration.

Um so that would be at an absolute minimum, uh, 10 inspections over those five years if nothing was wrong, hypothetically.

And then after the five-year warranty and maintenance period is concluded, the site is still bound to remain in compliance with the forest conservation plan in perpetuity under the terms of the forest conservation easement that runs with the land.

Okay, thank you.

And uh the next comment relates to the native species and biodiversity.

I just I really think this is one of the areas that this has been strengthened quite remarkably, and I'm very proud of Rockville for putting this forward given that we're a tree city.

Um a resident asked me and I wanted to confirm does native species also include native cultivars as written in this document.

Yes, the intent is that it will.

Okay.

I wasn't sure if do we have to spell that out or is it implied?

I don't believe we have to spell that out.

I think that the way that we've written the language is that we will be able to further articulate articulate that in the manual.

Okay.

And then on the common of biodiversity, uh, this is something that the mayor and council did raise at the last session.

Um, and some of us have heard in particular neighborhoods when a board gets through on it has been mostly a street trees, that it kind of really wipes out, you know, a whole bunch of trees because there's not enough biodiversity.

And I know this we're focused on this part, but I did want to raise for the record.

Um, we if we're telling the public when you develop new things that you're gonna have biodiversity and native species uh at 80%.

I just wanted to see that we as a city would be also following those rules when it comes to planting in our parks and on street trees as well, and just want to go on record that I've I'd want to see that come back to the mayor and council.

Okay, thank you.

Uh Councilmember Jackson.

Uh thank you, uh Mayor.

First, let me just say uh this is uh excellent work, and I really appreciate the way that you took our uh comment and amendments and uh kind of incorporated them into uh the final uh document, uh especially the comment uh of um uh the residents.

I think that you went above and beyond what is required, and I think that Rockfell really has uh something to be proud of uh uh there.

I just want to ask one little question, um, and maybe it's just my confusion.

Um section 10.5 dash uh 13 D3E.

Um it talks about adherence to the items of the forest conservation um manual may be in conflict with state law, and it says, and maybe this question is uh for the city attorney's office as well.

Then it says um, you know, uh legal counsel uh should be shot sought regarding this requirement.

And then the next part just kind of kind of confuses me.

Um we did the analysis, and maybe it wasn't in um compliance with state law, but we're gonna deal with it later.

I'm I just uh I'm just trying to get my head around what was meant by the uh paragraph.

Yeah, absolutely.

I can um provide some background on that.

So I believe what you're referring to is that MDNR provided a comment on uh code section 10.5-13.d.3.e.

Um, and they were concerned that requiring adherence to items in the forest conservation manual could potentially be in conflict with state law to the extent that the forest conservation manual could prescribe something outside of the context of what chapter 10.5 has done.

And that could potentially be in conflict with state law.

However, that's um after discussing that with the city attorney's office, um, we did we determine you know that the forest conservation manual has never been anything other than a supplemental document that basically articulates exactly how to um uh go about uh facilitating chapter 10.5.

It does not in any way create any policy outside of what is strictly prescribed in chapter 10.5.

So after discussion with city's attorney's office, we understand and we appreciate the comment from MDNR, but we're also incredibly confident that that is impossible that the forest conservation manual would do anything that would be in conflict with state law.

Councilman Shaw.

I want to echo my colleagues and thank you for working on this and um listening to the community as well as the um the elected body on this.

Um I did have a few questions around the equity impact statement.

And while it's it's it's good to recognize the um the societal benefits with tree coverage.

Um the statement itself is not clear on the actual impact.

Um the tree coverage throughout the city, um, although is good, there are some neighborhoods that don't have the same type of tree coverage as other neighborhoods.

So I think within the equity statement, calling out some of those neighborhoods that would have a disproportionate benefit.

Uh, would this would be really helpful in understanding the overall equity impact?

Um, especially knowing that the tree coverage leads to things like better better health.

Um the lack of tree coverage can contribute to respiratory issues.

And so I think it's really important to just have a little bit more detail with um the equity statement just so we can understand and measure um the good work that we're doing.

So thank you.

Thank you, Councilman Van Greg.

Um of course, echoing my colleagues, uh fantastic job.

Um, and I know that you have been doing an excellent job of working with the environmental commission.

And so I appreciate that.

Um, but with regard to their feedback, I know that you answered this beautifully during the meeting uh um last week, but I just want to clarify to the extent anybody in the public might have a similar question.

I know that we've got and Councilmember Valerie talked about the 80% native tree requirement.

Can you describe the reason for not doing 100 or not doing a lower to 50?

Sure, absolutely.

Um, and we did research uh with what other jurisdictions are doing, um, and we wanted to be aspirational with our goals, so I think we set our sites, you know, at a good mark at 80%.

But ultimately, um, you know, having having it set at 80% does provide us with some flexibility.

Um, the truth of the matter is that Rockville is an urban jungle, um, and we have a lot of locations that um have very harsh conditions for trees, um, trees that may not have been uh specifically um, you know, that didn't that didn't uh weren't specifically created, so to speak, um, to thrive in those conditions necessarily.

Um, so that extra that 20% um does give us the flexibility um to utilize non-native tree species, but absolutely not invasive.

I want to make that very clear.

No invasive uh trees are planted, um, but non-native trees in some in some situations could be planted in very harsh environments.

Um, for example, street trees in some scenarios, you know, we we don't always get um the widest tree lawns that we'd like to see.

We don't always have the soil space.

Um so in those conditions, sometimes the tree that's going to be best suited might not be a tree that would be considered native to Maryland, but once again, absolutely not invasive.

And um, I know this was discussed in the environment commission, but um I presume that to the extent that either through other research or in the city's own evaluation, should a native but deemed non-invasive species be deemed having concern in Rockville, we can take one of those species that we've deemed native and non-invasive and put it into an invasive species category to the extent we see a problem in Rockville, right?

Yes, the the language in the code does give us the flexibility if we identify trees that have specific issues, even if they're not considered to be invasive, um, that we can include those within the list that would be kept in association with the forest conservation manual as trees that wouldn't be planted.

Um, an example could be a tree that um you know might have um issues with certain pests or things of that, like uh you know, emerald ash borer and ash trees, things like that.

Um we have other trees that we have we know have issues with um uh you know limb breakages or things like that.

They may have poor structure, so we do absolutely have that ability, and we'll make sure to utilize that.

So it's for all these reasons that I really want to again express my congratulations on a great job.

Um, not only incorporating our feedback, such as with biodiversity, native, non-native, invasive, non-invasive species.

Um, it's really an all-encompassing job that you all did and should be commended.

So thank you.

Thank you very much, Councilmember Valeri.

See, I'm adhering already to try in this out.

Um, so I have three more questions, um, but I'll be quick on this.

Um, it's referred to in specifically in the memo attached to the agenda item on the pros and cons of uh native versus non-native.

Um next up, I I know that you you mentioned um updating the forest conservation manual.

After that, were we slated to then update the street tree master plan?

We're not at this time.

I mean, they're separate discussions, separate parts of the code, but we can certainly do that.

I I would I would love to see the pros and cons of updating that.

Um, I think that that would be beneficial if we're doing the work here.

It kind of makes sense to me.

Sorry, I'll stick to questions, not commentary.

Um, so in determining, I I want to say that I completely agree with you and the feedback on signage during the notice period.

I think that is just fantastic.

I think it's it's gonna be really helpful.

Um for uh off site plantings, which give me a little bit of heartburn in general, um, because um it's not always the highest quality.

Um, could there be instead of fee and loo a consideration for uh things such as green roofs?

Um, in particular was coming to mind is the pollinator garden that is on top of uh the Milton at Twinburg Quarter.

That's a great question, Councilmember Valeri.

Uh I believe that uh green roofs uh specifically, if they're able to meet the requirements under Chapter 10.5, um, such as long-term preservation, forest conservation easement, things of that nature, um, they're not prohibited from from receiving credit for trees planted on them.

What I will say about green roofs is oftentimes they're also doubling a stormwater management features, which means they very well could have easements associated with stormwater management.

And in those scenarios, they wouldn't also be able to encumber it with a forest conservation easement because those same two things are opposed.

Um but to the extent that that situation would not be occurring, um, there's nothing that I'm aware of in chapter 10.5 that would prohibit crediting trees on green roofs.

Okay, thank you.

Thank you.

I had a question about uh smaller home areas.

We've seen with some, well, some of the established neighborhoods, the older neighborhoods have bigger lots, and there are three trees, for example.

Uh, and I think it was a previous discussion that Dr.

Miles has shared that some of the smaller communities they're putting trees up right against a home and then the roots go into the foundation.

I was just curious, how are you considering with the three lot requirement, three tree requirement for a smaller, or is it based on, you know, have you thought about going based on square footage of lots without also incentivizing developers to just create a bunch of small lots?

I just I was curious about that what that balance of uh getting more trees, but also considering that several of the lot sizes are much smaller now.

Yeah, absolutely.

I appreciate that question.

So we would be looking to um develop the same framework that exists in um the subdivision regulations as it relates to lot trees.

Um we do require in the subdivision regulations uh one lot tree per 2,000 square square feet of lot or fraction thereof.

Um and as 10.5 is currently written, we're going to be basically further articulating those requirements for those single uh detached residential lots in the forest conservation manual.

Um and that would be completed via a tree safe plan.

Um, and I believe that we would be looking to institute those same um thresholds because we do have, like you said, we have circumstances where we have lots that are too small to accommodate three large shade trees, and it can become a nuisance or a hazard uh to the property or to adjacent properties.

So I we would be looking to um basically implement that same requirement.

And that can be one of the things that we certainly provide an update uh to the body on uh with the the list of forest conservation manual updates that we previously discussed.

That's very helpful.

And when uh tree removal is done, we don't count invasive trees, right?

We actually want people to remove invasive trees.

That's correct, and uh we do not count invasive trees.

Um we can further articulate that in the manual as well, just to clarify that point.

I think that will be helpful because that has come up before.

Uh, and so uh just to make clarity for future staff members of what's what's intended.

Um I just wanted to make a comment.

I I do appreciate your comments on the green roofs um as well.

There was one other issue that came up previously, which is new developments where um someone has a whole slot of land and then part of the land is uh dedicated for public streets.

Uh it's my understanding that you're going to reduce the square footage so that there are and some getting credit for the trees that are planted on those public streets, or how are you handling that?

Because that has come up with one property in King Farm actually, where they were like, why can't I get credit for the trees that we're putting in the public street that we are donating or giving to the city as part of the public street creation?

Have we sufficiently handled that complaint?

Yes, you are allowed to receive credit for trees on a forest conservation plan that are planted uh in a public right of way or a street that is going to be dedicated as public right of way, so long as it meets um some minimum um spacing requirements for the tree.

Um and you are allowed to receive credit, I believe for up to 25% of your overall forest conservation requirements for street trees.

Okay.

And then in terms of the equity comments regarding tree coverage, uh, is it my understanding that there is some less tree planting requirement with affordable units as as well as like with less parking requirements, and that's another division, but um it's it's that balance of trying to make housing the math work for housing to make it more affordable, but also we want to have clean air and tree canopy all over the city.

There's not um to my knowledge, there's not a specific uh reduction in 10.5 for affordable housing projects.

What there is is you know, under Senate Bill 526, the state um identified priority funding areas, which the city of Rockville is in a priority funding area in its entirety.

Um so essentially the um uh the reforestation requirements are are slightly reduced in a priority funding area um outside of a priority funding area.

It's a one-to-one requirement um inside of a priority funding area, such as the city, it's uh for every one acre removed, then you have to plant back half an acre of forest.

So I think that is the intent with that uh provision, that allowance is to is to meet exactly what you were you were mentioning.

Um and I will also note just for the body that the city um in the city in our ordinance, we have um a higher reforestation requirement um for properties that are clearing below the forest conservation threshold.

Um and that's actually uh set at three to one.

But for clearing above the forest conservation threshold, um it is 0.5 to one as identified in the state law for priority funding areas.

Okay, I just thought that we might something to monitor, right?

That we don't and and maybe it's like if the city's planting more in those areas uh to try to make sure that even in priority funding areas that we're getting tree canopy for all of our residents.

Thank you.

Okay.

Any other comments or questions?

Comments.

Councilman Valeri.

I was waiting for the appropriate comment time period.

Um, um you can tell, and I know Mr.

Ryan knows I love this topic a whole lot.

Um, and it's part of the reason that uh my family and I moved to where we did um was because we do love trees and we do love that part of of Rockville Tree City USA is definitely not just the slogan or a couple of signs, is pretty foundational to what draws a lot of people to to live here.

Um and I've definitely seen firsthand um Mr.

Ryan probably remembers this.

What happens when the county maybe doesn't follow all the steps in their own forest and tree uh preservation ordinance, then you see a development over a champion tree.

Um, and then gotta roll it all back, and that would be the crab apple tree on our den.

So it's really important.

Um, and you know, a lot of uh future headaches can be uh resolved with a a well-formed tight ordinance.

I think that's where I'm I am very challenged on merely I everything is very very tight in this in this draft, except for when we get to the definition of native plants and native trees, rather, um, because it's it's interesting on the page where you define native trees, um, meaning a tree native to the mid-Atlantic region, technically accurate, not specific enough, it should be my context.

Um then the next page we actually defer to um the US uh environmental protection agency, the EPA.

Well, it's the EPA that created the ecoregions that would give us the specificity so that you know a lot of people think New Jersey is the Mid Atlantic great and all, but there's also you know, on the shore New Jersey, there's on the shore Maryland.

We're not, those are not native and will not thrive as well as Northern Piedmont will here.

So I really um I'm kind of surprised by that lack of uh specificity, and I would really want, I would urge us to do that.

And if it needs to be defined in the newly revised forest conservation manual, I'm I'm totally cool with that.

Um, but I think merely saying the mid-Atlantic is extremely ambiguous, nebulous as someone who grew up in Maryland, and I say I'm from the mid-Atlantic, they don't know what state I'm from, you know.

So I think we can get a little bit more specific there.

Um I will try to go through these uh quickly.

Um there is another section, actually.

Section 10.5 dash 23 B8.

Um use native plant materials.

Again, if we're gonna have a definition of native plants, we'll need to put a uh uh cross-reference there to however we're gonna define it.

That's why I think we do need to be really thoughtful about it too.

I mean, there is definitely state law we have to follow, but I think that what you hear from from what you're hearing from me, you heard from the community is that we can always do better than the bare minimum.

Um, and I think that the 80% is is a great way to go.

Um I I will say that I I do, and I'm always happy to have an offline conversation on some of this.

Um there are um some points in the memo that was attached, definitely don't agree with.

Um, and I'm always happy to talk about urban tree canopy because actually in in New York City, 80% of the tree stands are actually native to New York City.

Um so I think it's possible, and I think um I would love to delve a little deeper into perhaps the reticence to um uh invest more in that because I think in the long term um we will not have the problems.

No, you mentioned pests, I know you mentioned loss of limbs, where if that can happen to any tree, it's not specific to native trees, but um, and I'll pick on council member Jackson a little bit with this one.

I think a great example of the difference in um what native trees can do in a very practical way was when um the spotted lantern fly joined us in this in this area.

And for anybody who was wandering around outside while they were all those spotted lantern flies were doing their thing.

Um I was up in King Farm um getting coffee and spotted lantern flies everywhere, just crawling everywhere.

I can tell you I saw two spotted lantern flies in Twinborough, and we have a lot more native trees.

That's my anecdote for the moment.

But when you invest in that, then you are investing in breaking down the little uh tunnel we were giving uh the spotted lantern flies.

I think that um in general, this is this is really solid.

Um, and I'm a I am appreciative of the level of of work in this.

Um my last swear to god, my last comment.

Um in section 10.5-4 D isn't dog.

I think that this is was the distillation of in my head.

I don't think that the language after this list must not include any native tree from that point to the end of that sentence is superfluous, if I could say it's a little prejudicial in terms of making value judgments on native trees that can very easily and more easily be made on non-native trees.

So I just want to be sure that um we are.

I read the pros and cons.

Um definitely a difference of opinion for me.

Um, but you know, I am I am the Lorax on the dais.

So I am always happy to to speak for the trees.

But um, Mr.

Ryan, I have always appreciated um the work that you do in terms of the trees and and you and I have definitely geeked out a lot around this topic.

So um thank you, and I hope that my feedback is taken in a in a positive and constructive way, because I think our goals are at the end the same.

Thank you.

I just want to thank you again for this fantastic report.

And I just one question.

We had a lot of folks from the cemetery come last time and you gave some really good reasons as what the state said about that.

Just want to clarify.

We saw we circled back with that organization.

Is that correct?

Just to let them know where things landed.

Yes, that's correct.

Okay, excellent.

Thank you.

Thank you.

Okay.

So we have uh asked our questions and provided thorough comments.

Uh we also I heard everyone say thank you for a well done report.

Thank you for working with the state to get their feedback.

Thank you for working with our commissions, our community, and us.

Uh I think this is a very solid draft.

I know that the work is not done, that you still have the manual to do next, so good luck on that.

Um, as we move forward, uh, you will be amenable to adding the disamendment to say that we'll get a summary to Mayor and Council, correct?

You wanted amended in the code tonight, or just want us to make sure we should note that it's written in the final code that a summary, just so future mayor and councils and staff know that you've done that before when you remove authority, you just say we'll send an update to Marin Council.

Understood.

Thank you.

Okay.

And then um our uh city attorney has uh shared with us that we did introduce this in the past, um, so we don't technically have to introduce, but there have been a substantive changes, so I think it would be good idea uh if you if you recommend Mr.

City Attorney for us to reintroduce this new version.

Well well, you can either re reintroduce or you could simply amend the originally introduced ordinance.

So the way the code works is once an ordinance has been introduced, there's a layover for at least a week unless the body votes to waive the layover.

And once it comes back to the body under the charter, the body will either discuss the introduced ordinance, amend the introduced ordinance, or take final action on an introduced ordinance.

In this case, since the ordinance that was introduced a year and a half ago has changed, the body could simply note that the final action is the ordinance that's attached, including the amendments that's been made, or you can simply just reintroduce, wave, and adopt what's before you.

Thank you.

What do you what is your your recommendation with between those two options?

I I think you could just simply acknowledge that you're adopting an ordinance that's been amended since the originally original ordinance was introduced.

Okay, great.

So when we say we move to adopt, we're gonna move to adopt the amended ordinance that was introduced at attachment one with the amendment to include an update to Marin Council.

Okay, all right.

Who wants to make the motion?

Councilmember.

I'm gonna call on somebody.

Councilmember Van Grack, thank you.

Madam Mayor, I move to adopt the ordinance at attachment one of the staff report to amend chapter 10.5 of the Rockville City Code entitled Forest and Tree Preservation Ordinance.

With the amended one that we introduced with the amendments with amendments.

Okay, with amendments.

Okay.

Is that understood?

Fair enough.

Okay, so the amendments include the summary to memory council and the amended version body of amendments that you have introduced to us today.

Clear?

All right.

Do we have a second?

Councilmember Jackson, seconds.

All those in favor, please raise your hand and say aye.

Excellent.

Do we have any nays?

Nay.

Okay, we have one nay by councilman Valeri.

And the ayes have it.

Thank you very much.

Okay, we now have the mock agenda.

We reviewed that this morning.

Does anyone have any changes or comments that you want to raise now?

Okay.

We'll new now move to old new business.

Uh Mr.

City Manager, I have one thing.

We talked about the street trees and trying to get more biodiversity.

What do you think is the best way for us to follow up on that?

It's we've seen some comments from Reforest Rockville in our community.

We've said it a couple of times in a dais.

What do you think is the best way for us to get that incorporated?

Um I'd recommend you just ask us for an uh staff report and update on where we are with that.

Um I can ask staff's opinion whether we think that needs to be updated and provide that to you, and then you could all decide whether or not to take this up as an action item or not, if that's okay.

Thank you.

I think that will be helpful.

Uh Councilmember Valeri.

That would be helpful.

I know that this is not the first time that the issue has been raised from the dais.

Um, given that there will be pretty substantial definitions included in the updated FCM.

I believe that in order to keep these things um uh complementary, we're gonna have to revisit because the last time I think it was revisited was early 2000s, if I'm not mistaken.

Um, might be along the same times as the last FCM.

Thank you.

Any other comments?

Anyone does it are you guys okay with just doing this via a staff report?

Thumbs up.

Okay, all right, thank you.

All right, anything else under old new business?

We are ahead of schedule.

I will just say thank you to everyone.

Um last thing is that I know Mr.

Mahilek is watching very closely the changes and opportunities for us to weigh in on MCPS and what's going on at Turnbrook and Wooten and the operating budget.

So we look forward to being able to represent Rockville in that in that regard.

Thank you.

All right, do we have a motion to adjourn?

Councilmember Valeri.

Do we have a second?

Councilmember Jackson seconds, all those in favor, please raise your hand and say aye.

Aye.

It is unanimous.

Thank you very much.

Good evening, Rockville.