gaithersblog.net

Goings on in Gaithersburg, Maryland

December 4th, 2006

The Washington Post Doesn’t Get It, Episode IV

In an editorial in today’s Washington Post regarding the challenges facing Ike Leggett, the Post whines,

He also faces an immediate challenge on the issue of decent treatment for immigrant workers from the city of Gaithersburg, which has refused to build a day-laborer center for dozens of its own residents whose work is clearly in demand locally. All eyes will be on Mr. Leggett to resolve what has become a venomous dispute between the county, which insists that Gaithersburg accommodate the workers, and the city, which remains recalcitrant. By acting firmly and soon to establish a center — preferably within Gaithersburg’s city limits — Mr. Leggett can send an early signal that he is in charge.

I guess that to the extent that the Post read my previous response — they certainly had the opportunity to, as it is (or was, at this writing) even linked off their own website — they didn’t listen. So, let’s try it again:

  • Gaithersburg was never — ever — going to set up a day laborer center. By the agreement with the County, Gaithersburg’s only responsibility was to find a location for one and to help with getting the location fixed up; the County was supposed to lease the center and hire the contractor to staff it. The City made a mistake with the first location by running through the process too fast, without any public input. Once people understood what was being done, it became clear what was wrong with the proposed site, and the City agreed to run through the process one more time, this time with public involvement. The City, at least, knows how to admit when they make a mistake, and make a good effort to correct it.
  • Although the process was long and a bit messy, the City never — ever — refused to allow a Center to operate within the City limits. City staff worked long and hard to find a place, but were rebuffed at every turn — most often by the property owners, who didn’t want this activity on their properties. But they were sometimes also rebuffed by the day laborer advocates, who didn’t like some of the sites. In the case of another proposed site, neighbors effectively demonstrated why it would be a bad location.
  • After that long, arduous effort, the City did in fact find a location for a center, securing a letter of intent to lease from the property’s owner. The City Council voted in favor of allowing that site to be used for a Center. However, the County — yes, the County — was unable to follow through with a lease for this location and thus the deal fell through.
  • Thereafter, the City was faced with more months of looking for a place that the County might be able to lease — a place that, in all probability, was never going to be found. During the months-long search, the requirement was very well publicized, and it occurs to me that if there was any property owner anywhere in the City who was interested in leasing for this purpose, they would have heard about the opportunity by now and come forward to offer such a lease. But there was nothing. Nobody really wanted to lease for this purpose.
  • The perimeter of Gaithersburg is very irregular, and there are pockets of County all around the edges of the City, and even little County enclaves within the main boundary of the City. With the County’s bizarre insistence that the center be located within the City limits, all these possible locations were excluded from consideration.

I am going to go out on a limb here and suggest that no day laborer is likely to care whether the land they stand on to solicit is governed by the City or by the County. This just isn’t going to be part of their thinking; I would think they would mostly care if (a) the employers come, and (b) they don’t have to travel too far to get there. So why should the County care, and why — this I really just can’t understand at all — why on Earth should the Post care? Walnut Hill Shopping Center, for example, is a half mile closer to the North Summit apartments where it is claimed that many day laborers live, than is the Festival shopping center where the County tried, but failed, to lease a storefront. Walnut Hill even has, last I looked, a couple of empty bays right next to an MVA express — what could be more convenient? And yet, the County will not agree to ask the owner of Walnut Hill Shopping Center if they would lease for this purpose, simply because it is not in the City limits.

The only explanation I can come up with for this behavior is that the County is playing some sort of “who’s your daddy?” game with the City, and the laborers are getting caught in the crossfire. This is bad politics and bad policy, and I certainly hope that Mr. Leggett and Mr. Firestine are smart enough to realize this.

December 4th, 2006

12/04/06 Mayor and Council Meeting Agenda (updated with outcomes)

The City has posted the agenda for this Monday’s meeting of the Mayor and Council. It is a long agenda, but I see few controversial topics. The most interesting is perhaps a presentation by Kevin Roman on the problem of “Overcrowding and Illegal Occupancy in Gaithersburg Residences” (contained in the background materials linked below). The thing I don’t get is that, despite a concern my many neighborhoods that the City doesn’t seem to be able to do anything about some of these overcrowded properties, this report seems to suggest that everything is just fine; all they need is some outreach and maybe another code inspector. Perhaps I’m missing something that will become clear during the presentation.

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City of Gaithersburg
REGULAR CITY COUNCIL MEETING

MONDAY, DECEMBER 4, 2006, 7:30 P.M.

APPROVAL OF MINUTES

Minutes of a Regular Meeting of the Mayor and City

Council Held November 20, 2006
Background Material (pdf format)
Approved 3-0-2 (Abstained: Edens and Sesma)

ELECTION OF CITY COUNCIL VICE PRESIDENT

Voted to elect Stanley J. Alster as VP of the City Council

CONSENT ITEM

Resolution of the Mayor and City Council Authorizing the City Manager to Negotiate and Execute a New Three (3) Year Contract With Thomson-West for the City Attorney’s On-Line Legal Research Services and Updates to State Code and McQuillin’s Volumes ($30,000)
Background Material (pdf format)
Approved 5-0

APPOINTMENTS

  1. Resolution Establishing a City of Gaithersburg Ad Hoc Election Participation Advisory Committee to Provide Recommendations to the Board of Supervisors of Elections on Methods to Improve Voter Turnout in City Elections and Confirming Appointments Made by the Mayor Thereto
    Background Material (pdf format)
    Approved 5-0

  2. Resolution of the City Council Confirming Appointments and Reappointments by the Mayor to the Animal Control Board, Arts and Monuments Funding, Inc. Committee, Cultural Arts Advisory Committee, and Economic Development Committee
    Background Material (pdf format)
    Approved 5-0

  3. Resolution of the City Council Confirming an Appointment by the Mayor of Geri Lanier (Alternate) to the Planning Commission
    Background Material (pdf format)
    Approved 5-0

  4. Resolution of the City Council Confirming an Appointment by the Mayor of David Friend (Alternate) to the Board of Appeals
    Background Material (pdf format)
    Approved 5-0

OATH OF OFFICE TO ALTERNATE PLANNING COMMISSION MEMBER (if confirmed)

  • Geri Lanier (not present – will receive oath on December 18, 2006)

OATH OF OFFICE TO ALTERNATE BOARD OF APPEALS MEMBER (if confirmed)

  • David Friend

PUBLIC HEARING

An Ordinance to Amend Chapter 2 of the City Code, Entitled “Administration”, Article II, Entitled “Municipal-County Relations”, Section 2-6 Thereof, Entitled “Exemption From Montgomery County Legislation and Regulations Within the City” so as to Include the Provisions of Section 24-211A Entitled “Fitness Centers-Defibrillators” of Chapter 24 of the Montgomery County Code Entitled “Health And Sanitation”, as Being Applicable and Enforceable Within the City

Background Material (pdf format)
Approved 5-0 (Vote to close record on Wednesday, December 13, 2006, 5 p.m. - Final action anticipated on Monday, December 18, 2006)


HISTORIC DISTRICT COMMISSION

1. Call to Order

2. Election of Officers (Chairman and Vice-Chairman)
Sidney A. Katz elected as Chairman (Approved)
Stanley J. Alster elected as Vice-Chairman (Approved)

3. Executive Session Motion

Historic District Commission of the City of Gaithersburg conduct a closed executive session tonight, Monday, December 4, 2006, immediately following the scheduled regular meeting of the Mayor and City Council, pursuant to Section 10-508(a)(7), State Government Article of the Annotated Code of Maryland, to consult with counsel to obtain legal advice. The topic to be discussed is the standard of review and evidentiary consideration required under Maryland law as related to decisions of administrative agencies.

4. Approval of Minutes

  • Minutes of a Historic District Commission Meeting Held October 9, 2006
    Background Material (pdf format)

    Approved 6-0

  • Minutes of a Historic District Commission Meeting Held November 6, 2006
    Background Material (pdf format)
    Approved 6-0

  • Minutes of a Historic District Commission Meeting Held November 20, 2006
    Background Material (pdf format)
    Approved 4-0-2 (Abstained: Edens and Sesma)


ORDINANCES, RESOLUTIONS, AND REGULATIONS

  1. Resolution of the Mayor and City Council Authorizing the City Manager to Negotiate and Execute a Funding Agreement With Bozzuto Homes, Inc. to Provide Financial Assistance to Purchasers of Homes at the Summit Crossing housing Development in Olde Towne Gaithersburg ($337,500)
    Background Material (pdf format)
    Approved 5-0

  2. Resolution of the Mayor and City Council Authorizing the City Manager to Negotiate and Execute a Contract for Architectural and Engineering Services for the New Olde Towne Youth Center ($210,535)
    Background Material (pdf format)
    Approved 5-0

  3. Resolution of the Mayor and City Council Authorizing the City Manager to Negotiate and Execute a Contract With Rifkin, Livingston, Levitan & Silver, LLC for Legal Services Associated With the City’s 2007 State Legislative Agenda ($25,000)
    Background Material (pdf format)
    Approved 5-0

  4. Introduction of an Ordinance to Amend Chapter 5 of the City Code Entitled "Buildings," to Create a New Article VI Entitled "Additional Fire Safety Requirements for Certain Multi-Family Residential Structures” to Create a New Section 5-11 Entitled “Automated Sprinkler Systems” to Require the Retrofit of Certain Multi-Family Residential Structures With Automated Sprinkler Systems (Public Hearing Scheduled for 12/18/06)

    Background Material (pdf format)
    Approved 5-0 (introduce ordinance and conduct public hearing on December 18, 2006)

POLICY DISCUSSION AND STAFF GUIDANCE

T-378, An Ordinance to Amend Chapter 24 of the City Code, Article III, § 24-160G.5, Entitled, “Waiver of Development Standards,” so as to Amend the Waiver Standards so that the City Council May, by Resolution, Waive the Building and Structure Height Requirements in the Corridor Development Zone (CD Zone) as Follows: for a Residential District to Allow a Height Not to Exceed Four (4) Stories or Forty-Eight (48) Feet (Ready for Final Action)

Background Material (pdf format)
Approved 5-0