gaithersblog.net

From the City’s website. There are a few quite interesting items on this agenda. In particular, note that, with regard to the anti-solicitation ordinance, the State’s Attorney for the County has decided that he doesn’t like the City’s new ordinance:

Recently, John McCarthy, State’s Attorney for Montgomery County, informed the City that he had asked a team of lawyers in his office to review the City’s anti-solicitation ordinance (Sec. 15-9). It was the consensus of that team of lawyers that the ordinance as written would not withstand constitutional challenge. Based on that consensus, Mr. McCarthy has stated that his office will not prosecute citations written under the ordinance. However, Mr. McCarthy indicated that he would be open to reconsidering his position against prosecuting the ordinance if the Attorney General’s office issued a favorable opinion on the ordinance.

I advised Mr. McCarthy by e-mail on April 11, 2007, that this evening I would be briefing the Council on his position, and seeking guidance from the Council on whether to move forward with requesting an Attorney General’s opinion.

It makes no sense for the City police department to even attempt to enforce the ordinance until the State’s Attorney’s Office is willing to prosecute these cases.

I will say that I’m not certain why it “makes no sense” to enforce the ordinance absent the cooperation of the State’s Attorney Office — the State’s Attorney drops charges for all manner of crimes, on a daily basis; why should this one be any different?

Anyway, I expect that the City will be consulting with Mr. Gansler’s office — the only other option would appear to be to just say the heck with it.

The other interesting I noticed was the Historic Preservation Element of the Master Plan. It would appear that there are several parties — including MNCPPC — who do not much care for what the City has written with regard to historic preservation. In particular you might take a look at the documents containing exhibits 2-25 (net of 17) and 17. Some of the criticisms seem a bit overstated, but there are some very good points in there, for example that the City really ought to be designating publicly-owned historic properties such as Summit Hall Farm.

Agenda - Mayor and City Council Meeting, 4/16/2007
Posted 4/12/2007

City of Gaithersburg
AGENDA FOR A REGULAR CITY COUNCIL MEETING

MONDAY, APRIL 16, 2007, 7:30 P.M.

I. CALL TO ORDER

II. PLEDGE OF ALLEGIANCE

III. INVOCATION

Thewodros Asfaw, Shady Grove Adventist Hospital

IV. APPROVAL OF MINUTES

Minutes of a Regular Meeting of the Mayor and City Council Held April 9, 2007

Background Material (pdf format)

V. PRESENTATIONS

1. Introduction of Newly Hired Planning Director, Lauren Pruss
2. 3rd Quarter Employee Recognition Awards
3. Proclamation of the Mayor and City Council Designating April, 2007, as “Arab American Heritage Month” in the City of Gaithersburg and Cultural Presentation
4. Proclamation of the Mayor and City Council Designating April 15 – 21, 2007, as “National Volunteer Week” in the City of Gaithersburg
5. Proclamation of the Mayor and City Council Designating April 16 – 21 as “Gaithersburg Green Week” and April 17, 2006, as “Arbor Day” in the City of Gaithersburg
   
6. City Manager to Provide an Update on the Crabbs Branch Day Workers Center
   

7. Review of Guidelines for Implementing Speed Humps/Raised Crosswalks
   
8. Bus Shelter Installation Update
   
9. Guidance on Seeking Opinion From the Maryland Attorney General Regarding the Anti-Solicitation Ordinance

   Background Material (pdf format)

VI. PUBLIC APPEARANCES
(public is invited to speak on any subject that is not a public hearing topic on tonight’s agenda – each speaker three minutes)

VII. FROM THE MAYOR AND CITY COUNCIL/ANNOUNCEMENTS

• Upcoming City Events

VIII. FROM THE CITY MANAGER

IX. JOINT PUBLIC HEARING

MP-1-07 – Historic Preservation Element, an Amendment to the 2003 Master Plan
I. Background Material - Cover Sheet (pdf format)

II. Background Material - Index of Memoranda (pdf format)
III. Background Material - Exhibit 1 (pdf format)
VI. Background Material - Exhibits 2-17 and 18-25 (pdf format)
V. Background Material - Exhibit 17 (4.5M - pdf format)

VI. Background Material - Exhibit 26 (pdf format)

X. RECESS MAYOR AND COUNCIL MEETING

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HISTORIC DISTRICT COMMISSION

1. Call to Order

2. Approval of Minutes

Minutes of a Historic District Commission Meeting Held January 16, 2007
Background Material (pdf format)

3. Certificates of Approval

• HAWP-100A, Applicant: Kathryn Schumacher, 105 Russell Avenue, Request for Tree Removal

  Background Material (pdf format)

• HAWP-107, Applicant: Holly Kerodin, 105 Meem Avenue, Request for Fence Installation
  Background Material (pdf format)

4. Adjournment

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XI. RECONVENE MAYOR AND COUNCIL MEETING

XII. ORDINANCES, RESOLUTIONS, AND REGULATIONS
(ordinances, resolutions, and regulations to be introduced or adopted following appropriate procedures required by the City Code, or resolutions that may require discussion by the Mayor and Council prior to approval)

1. Introduction of an Ordinance to Repeal and Reenact Chapter 11 of the City Code (Fire Safety) to Adopt With Amendments the Montgomery County Fire Safety Code and Various Related National Codes and Standards (public hearing 5/7/07)
   Background Material (pdf format)

2. Resolution of the Mayor and City Council Adopting a Sustainable Building Policy for City Buildings
   Background Material (pdf format)

XIII. FROM THE ASSISTANT CITY MANAGERS, CITY ATTORNEY AND OTHER STAFF

XIV. ADJOURNMENT

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THE NEXT REGULAR MEETING OF THE MAYOR AND CITY COUNCIL
WILL BE HELD MONDAY, MAY 7, 2007, 7:30 P.M.
COUNCIL CHAMBERS, 31 SOUTH SUMMIT AVENUE

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UPCOMING COUNCIL MEETING AND WORK SESSION ITEMS
This list is not all-inclusive, and does not reflect priorities or scheduling

But is intended to provide a glance at future items to come before the City Council.

May 7 Meeting:
Presentations:
- Proclamation “Historic Preservation Month”
- Historic Preservation Awards
- 2007 W. Edward Bohrer, Jr. Memorial CC! Scholarships

Public Hearing: 
- Ordinance to Repeal and Reenact Chapter 11 of the City Code (Fire Safety)
to Adopt With Amendments the Montgomery County Fire Safety Code
and Various Related National Codes and Standards

Policy Discussion:
- FY08 Community Development Block Grant Funds
- Ordinance to Amend Chapter 6C of the City Code Entitled “Elections”
Article III Entitled “Absentee Voting” Section 6C-14 Thereof Entitled “Who May Vote”
so as to “Permit Qualified Voters to Choose to Vote by Absentee Ballot Without the Requirement
That the Voter be Absent From the City on the Day of the Election

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WORK SESSION ANNOUNCEMENT
Notice to the general public is hereby given that the
Mayor and City Council of the City of Gaithersburg will conduct the
following consecutive work sessions on:

Monday, April 23, 2007 to discuss:

Mayor and Council Travel Policy
Update on the Proposed East Diamond Avenue Redevelopment Project (Archstone)

Monday, April 30, 2007 to discuss:
The Gaithersburg Aquatic/Recreation Center Concept Plan

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BUDGET MEETING ANNOUNCEMENT

Notice to the general public is hereby given that the Mayor and
City Council of the City of Gaithersburg will conduct the
following budget meetings in the Council Chambers,
Gaithersburg City Hall beginning at 7:30 pm:

• Monday, May 14, 2007, Budget Public Hearing
• Tuesday, May 15, 2007, Budget Work Session
• Thursday, May 17, 2007, Budget Work Session (if necessary)
• Thursday, May 24, 2007, Budget Work Session (if necessary)

Transcribed from the PDF on the City’s website:

Crime Analysis Report
4th Quarter 2006

There has been a 0.9% decrease in crime within the City of Gaithersburg for the fourth quarter of 2006, as compared to the Uniform Crime Reporting (UCR) statistics for the fourth quarter of 2005:

Part I Crime decreased by 2.4%	(from 1065 to 1065)
Part II Crime had no change	(from 631 to 616)

Overall, Total Crime (Part I and Part II totals) decreased by 0.9%

Murder:	Not calculable (from 0 to 2)
Rape:	50.0% decrease (from 8 to 4)
Robbery:	14.3% decrease (from 35 to 30)
Aggravated Assault:	8.7% increase (from 23 to 25)
Burglary:	14.7% decrease (from 68 to 58)
Larceny:	0.7% decrease (from 455 to 452)
Auto Theft:	7.1% increase (from 42 to 45)

An analysis of Part I Offense data shows that there was an increase this quarter (as compared to the same quarter in 2005) in aggravated assaults and auto theft. There was a significant decrease in rapes (50.0%).

An analysis of the data between the 3rd and 4th quarter of 2006 shows an overall decrease in crime of 13.4%. Part I Offenses decreased by 8.3% (from 672 to 616), and Part II Offenses decreased by 16.1% (from 1270 to 1065).

Part II Crimes are defined as minor assaults, arson, forgery-counterfeiting, bad checks, embezzlement, stolen property, vandalism, weapons offenses, prostitution, sex offenses, controlled dangerous substance (CDS) violations, gambling, family offenses, juvenile offenses, liquor law violations, disorderly conduct, suicide, and non-traffic offenses.

Cumulative Year to Date

There has been a 4.8% increase in crime within the City of Gaithersburg for January-December of 2006, as compared to the Uniform Crime Reporting (UCR) statistics for January-December of 2005:

Part I Crime increased by 3.6%	(from 2439 to 2527)
Part II Crime increased by 5.5%	(from 4393 to 4635)

Overall, Total Crime (Part I and Part II totals) increased by 4.8%

Murder:	Not calculable (from 0 to 2)
Rape:	18.8% decrease (from 16 to 13)
Robbery:	1.0% decrease (from 102 to 101)
Aggravated Assault:	5.9% decrease (from 101 to 95)
Burglary:	10.6% decrease (from 311 to 278)
Larceny:	4.4% increase (from 1753 to 1830)
Auto Theft:	33.3% increase (from 156 to 208)

From the City’s website:

Saturday, April 14, 2007
Armed Robbery
On 04/14/07 at about 1130 p.m. police responded to the unit block of Maplewood Ct. for a home invasion robbery. After an investigation, it was [learned] that a suspect forced her way into an apartment implying that she had a gun. Once inside she [robbed] the victims of their money. Believing that the suspect my not be armed the victim held her until police units could arrive. The suspect was arrested and charged with two counts of armed robbery and one count of possession of [drug] paraphernalia

Suspect: White Female , 5′07″, 130 lbs,

Burglary
On 04/14/07, at approximately 6:15 p.m., police responded to the unit block of Grantchester Place for the report of a burglary that had occurred earlier. It was reported that sometime between 04/08/07 and 04/14/07, unknown person(s) entered the residence and removed property.

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Friday, April 13, 2007
Significant Events
On 04/13/07, at approximately 5:46 p.m., police responded to the unit block of Benji Court for the report of a shooting. A witness stated that he saw the suspect point and discharge a handgun at another subject who apparently fled unharmed. No victim has been located and investigation is continuing.
Suspect: Black male, approximately 5′08″ tall, 180 pounds. Left the scene in a red colored Lincoln or Cadillac, possibly displaying a temporary tag.

Strong Arm Robbery
On 4/13/07 at 8:30 P.M. in the unit block of School Drive there was a strong arm robbery of a citizen. The victim was approached by a known suspect and another unknown suspect at which time they forcibly removed his wallet from him.
Suspect # 1: Known suspect

Suspect #2: A white male 18-20 years of age, 6′-1″, 180-200 pounds. He had short blond and a heavy build.

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Thursday, April 12, 2007
Armed Robbery
On 04-12-07 at 9:08 p.m. there was an armed robbery of a business in the 100 block of N. Frederick Ave. One suspect entered the business, produced a handgun and obtained cash. Then he fled the area on foot.
Suspect: Black Male, 6′0″, 140-150, 20 yoa, wearing an over size black hooded sweat shirt, faded blue jeans and a baseball cap.

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Wednesday, April 11, 2007
Strong Arm Robbery
On 04/11/07, at 6:36 p.m., units responded to the GameStop, 882 Muddy Branch Road, for a report of a strong arm robbery. The suspect assaulted the cashier, grabbed property, and fled on foot.
Suspect: Black male, 20 - 25 yrs old, 6′00″ - 6′02″, 200 - 225 lbs, wearing jeans and a vest.

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Tuesday, April 10, 2007
Attempted Burglary
On 04/10/07, at 5:27 a.m., police responded to the 500 block of S Frederick Avenue for the report of a burglary. The resident stated that when he woke up the sliding back door was ajar and the front door was unlocked. Nothing was taken. The resident stated that they had found the same thing on 04/08/07 when they returned from work at approximately 8:00 p.m.

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Sunday, April 08, 2007
Aggravated Assault
On 04/08/07, at 10:05 p.m., police responded to Shady Grove Hospital for a stabbing that occurred earlier. Upon arrival, police learned that the victim was involved in a fight, and was cut on his upper lip and left hand with a box cutter in the 400 block of West Deer Park Road. The incident is still under investigation.