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I noticed this opinion piece in this morning’s Examiner; I guess my attention will be drawn to any item that features a picture of day laborers hanging out in front of Grace UMC in Gaithersburg. Ms. Barber’s commentary is mostly an I-told-you-so gloat:

Listening recently to frustrated folks call a local radio talk show to vent about illegal aliens loitering in front of stores and cramming into $400,000 houses in their neighborhoods, I wondered if those same liberals accused pro-enforcement Americans of being “nativists,” “xenophobes” and “racists” for complaining about the same problems.

Now that illegal aliens have migrated to their neighborhoods, such liberals have become pro-enforcement all of a sudden.

I read this item with some frustration: I thought that she had a point, but that her exposition of that point was deeply flawed. Her premise would appear to require that all owners of $400,000 suburban homes are generally clueless liberals, and her point seems to be that the movement of illegals into these liberal-infested neighborhoods is knocking the scales lose from these liberals’ eyes. Well, sure, there’s probably some of that. But I wouldn’t be surprised to learn that some of those houses contained complacent conservatives — or even the occasional libertarian landscaper who had heretofore been a prime contributer to the very job market that attracts these illegals — and that these residents are just now being woken from their slumber exactly as are their liberal neighbors. No, what Ms. Barber describes is not liberal nature so much as it is human nature. No one wants to believe that a problem exists until they are directly confronted with the consequences of that problem.

Whatever, Ms. Barber is soliciting the stories of those who are living in neighborhoods with illegal aliens. She says:

I’m working on a project and need your help. I’m looking for stories about your experiences living in neighborhoods with illegal aliens and competing with illegal aliens for jobs. Most importantly, I want to know how the culture of illegal aliens (in this case, Central Americans) has affected your life for the better or for the worse. You may respond in the comment section or privately at barbersview [at] yahoo [dot] com.

If you respond, be sure to note if you happen to not be a liberal but your thinking has still been changed by the sudden presence of illegals.

Cathy Drzyzgula attended the hearing this morning in Hazma Halici & Halici Inc.’s appeal of the Historic District Commission’s rejection of the request of a permit to demolish the historic Talbott House, now being used as a place of business (The Hair Bar) by Mr. Halici. Ms. Drzyzgula sent out a report on the hearing to a neighborhood mailing list; I’ve pasted in a shorter version of that report with her permission.

I attended the hearing today on the Hair Bar case appeal. The arguments today were limited to whether the Historic District Commission as it is constituted in Gaithersburg meets the requirements of the state law which authorizes localities to have Preservation Ordinances and regulation.

The state law (Article 66b, section 8.03) says in part:

§ 8.03. Historic district commissions generally; recommendation by Maryland Historical Trust.

(a)	Historic district commissions generally.-
	(1)	A local jurisdiction may create a “historic district commission” or “historic preservation commission”.
	(2)	(i)	A historic district commission or historic preservation commission shall have at least five members.
		(iii)	Each member of a historic district commission or historic preservation commission shall possess a demonstrated special interest, specific knowledge, or professional or academic training in such fields as history, architecture, architectural history, planning, archeology, anthropology, curation, conservation, landscape architecture, historic preservation, urban design, or related disciplines.

The Gaithersburg ordinance has a longer list of qualifications:

Historic district commission, commission. The mayor and city council shall appoint a commission of six (6) members, all of whom are qualified consistent with the provisions of Article 66B, § 8.03, MD. CODE ANN., as established by the following criteria:

(a)	Persons who have previously served on a local legislative body exercising planning and zoning powers; or
(b)	Persons who have previously served on a planning commission, board of appeals or historic preservation commission or advisory body; or
(c)	Persons who have demonstrated special interest, participation, specific knowledge or professional or academic training in such fields as history, architecture, architectural history, planning, archaeology, anthropology, curation, conservation, landscape architecture, historic preservation, urban design or related disciplines; and agree to serve on this commission and a majority of whom are residents of the city.

Mr. Orens represented Mr. Halici and Halici Inc, and Ms. Borten represented the HDC. The arguments made can be summarized in no particular order as follows

Mr. Orens: The City ordinance allows members who meet paragraphs a) or b) of the City Ordinance, but do not meet the criteria of the State Ordinance, so the City Ordinance is invalid.

State law requires members to have a “DEMONSTRATED SPECIAL INTEREST” in one of the areas listed in the state ordinance. A definition of special was read aloud. Being elected to the City council does not demonstrate a special interest in this area. One HDC member has special training in architecture and is clearly qualified, the others have no special training. In particular, Council Member Mike Sesma did not have any qualifying experience or training when he was appointed to the HDC. Applications are not accepted for these positions from anyone but the Mayor and Council. Serving on the City Council does not demonstrate a special interest in the appropriate areas because the City Council has many functions, and preservation plays just a small part in their activities. The state law doesn’t accept “on the job training” , since the past tense “demonstrated” means the qualification should be met at the time of appointment. According to the Maryland Historic Trust website, Gaithersburg is the only Maryland jurisdiction to have the Mayor and Council be the HDC.

Ms. Borten: Candidates for office know that they will serve on the HDC as well as the Council and they wouldn’t run if they weren’t interested in planning and other preservation related disciplines. They get experience in planning and preservation in office, by the time this case was decided, they all had demonstrated experience. All the members except Member Sesma had prior experience on the Planning Commission, Council or Board of Appeals. State law only requires 5 members on the HDC, so even if Member Sesma is not qualified the HDC still has enough qualified members. The courts have earlier ruled that the state law does not prevent Mayor and Council members from being on the HDC, in fact other cities have HDC members who are also Mayor and/or Council members. Other jurisdictions also have HDC rules that are not in accordance with the state law, for example by not requiring residency, so the other jurisdictions’ practices should not be used as the standard of judgment. The state legislature added a provision to the law to make it clear that elected officials can serve on HDC’s. The requirements in the state law are a list, to be understood so that HDC members must demonstrate “special interest OR specific knowledge, OR professional or academic training…”, not all of those things. The list of fields which serve for qualification is broad, and not intended to be a complete list. Anthropology (which is the study of tribal cultures) isn’t much more closely related to historic preservation than psychology is.

Other issues that the Judge asked about or discussed were:

Whether Mr. Sesma vote to approve the HAWP or not (he opposed it).

What the remedy should be if he found a problem with the HDC–he indicated he didn’t have authority to make anyone take specific action. He did indicate that if he ruled the HDC was an invalid body there was no precedent or rules for how to deal with the situation.

The judge has taken this matter under advisement, and will issue a ruling on a date that has not yet been specified.

I have tried to summarize the gist of what happened, but this is just my observation, and not an official record of course, so take it is as worth what you paid for it :)

Cathy D.

• Chris Robinson writes, Revitalizing projects up; relocation fund down

  With two upcoming redevelopment projects expected to displace hundreds of residents and the permit fees from another unlikely, some Gaithersburg officials are looking to bolster the city’s homeowner relocation assistance program.

• Chris Robinson writes, City’s clock tower could finally get funded

  After about a decade of planning and delays, the clock tower proposed for Olde Towne Gaithersburg could receive full funding this year.

  The $1.7 million tower and plaza project, slated for the intersection of East Diamond and Summit avenues, is viewed by some as a physical representation of the city’s commitment to revitalizing Olde Towne. It is part of the historic district’s master plan.

• The Gazette’s Montgomery Editorial this week is on the travel policy Government travel on the taxpayer’s dime

  After much deliberation, Gaithersburg’s elected leaders have come up with a policy spelling out how much the city’s officials should spend when they’re traveling on official business and whether taxpayers should continue to foot the bill when the spouses of elected leaders tag along.

• Also, I’ll highlight this letter from Marta Englehart of Gaithersburg Taxes used so businesses can have cheap labor

  Using taxpayer money to build a day laborer center is aiding and abetting illegal immigration. It only benefits the businessmen who obtain cheap labor and it brings working Americans to their knees, forcing them to work for substandard wages and denying them proper benefits.

• Chris Robinson writes, Convenience store’s alcohol license hearing rescheduled

  The county Board of License Commissioners is scheduled next week to again consider renewing the liquor license of a Gaithersburg convenience store long criticized by neighbors for its early morning alcohol sales.

  The new hearing was arranged because an April 12 hearing, in which the board voted 3-2 to deny license renewal for Abraham Habtemariam, primary owner of the 7-Eleven at 211 N. Frederick Ave., was not advertised in a local newspaper.

  The new hearing is scheduled for 1:30 p.m. June 7 in the first floor auditorium room of the County Office Building, 100 Maryland Ave. in Rockville.

  Also in this item, Speed cameras on the way:

  Streets identified for the cameras include Bells Mill Road, Dufief Mill Road, Glen Mill Road, Quince Orchard Road, Stone Ridge View Road and Travilah Road.

• Sebastian Montes writes, More than a name, a legacy lives on

  One hundred marigolds, petunias and vincas now adorn the main entrance of Rachel Carson Elementary School, a quiet reminder of the life and work of the school’s namesake, 100 years since her birth.

• Chris Robinson writes, Library redesign needed to serve a changing population

  Montgomery County’s fiscal 2008 budget includes $13 million for the library’s redesign and renovation, which is expected to include an addition and electrical, plumbing and structural repairs, said Eric Carzon, business manager for Montgomery County Public Libraries.

  The allotment, which includes construction costs, is a $5.3 million increase from its fiscal 2007 funding. The county Department of Public Works and Transportation determines the increase based on projected cost estimates, said Barbara Norland, the library system’s public services administrator.

• Chris Robinson writes, Outreach is King for city police chief

  King, 48, of Damascus was tapped by city officials in April to replace retiring police Chief Mary Ann Viverette, who retired after 27 years with Gaithersburg police.

  King said he aims to maintain Viverette’s values of service, integrity and respect while operating the department.

• Chris Robinson writes, No one hurt as Gaithersburg store is robbed at gunpoint

  A gas station in the 400 block of N. Frederick Ave. in Gaithersburg was robbed at gunpoint late Friday, Gaithersburg police said Tuesday.

  Police describe the suspect as a black male, 6 feet to 6 feet 2 inches tall, 200 pounds, wearing a white short sleeve shirt over a dark long sleeve shirt, black pants and black shoes.

• Chris Robinson writes, Rockville man charged after stabbing near Lakeforest mall

  An 18-year-old Rockville man was stabbed in the abdomen after his request for a cigarette escalated into a verbal dispute with a teenager behind Lakeforest mall Sunday night, Gaithersburg police said Tuesday.

  Antonio Joseph Wilson, 17, of Gaithersburg, was arrested and charged as an adult with first-degree assault, second-degree assault and reckless endangerment, said police spokesman Sgt. Rudy Wagner.

Update 2: Chris Robinson writes that the Police have released the name of the defendant in this case:

Lynnard James Slaughter, 23, of the unit block of Grandchester Place, was arrested at 5 p.m. and charged with first-degree assault, illegally carrying a handgun and the use of a handgun in the commission of a felony, according to a statement from Montgomery County police released Wednesday

Update: I see now that the County Police have posted a press release on this incident. It promises more information “tomorrow” — which would be yesterday as I post this update on the 31st — but that appears not to have been posted yet. Anyway, here’s the text of their press release:

5/29/2007

Assault Arrest in Gaithersburg
Assault Arrest in Gaithersburg

Officers from the Montgomery County Police 6th District and Gaithersburg Police Department are investigating a first-degree assault that occurred today in Gaithersburg.

At approximately 11:37 a.m., a citizen called 911 to report what the caller believed was an attempted armed carjacking in the 500 block of Odendhal Avenue near Goshen Road.

Responding officers learned that the adult male suspect was known to the 18-year-old male victim and was armed and verbally threatening him, not trying to steal a car. The victim had seen a firearm, but It could not be immediately determined whether it was a BB gun or another type of firearm. After the assault, the suspect fled on foot. A Maryland State Police helicopter responded to assist efforts to locate the suspect. Through the course of the investigation, the suspect was identified. He was taken into custody at his home at approximately 5:00 this evening.

Three Montgomery County public schools: Forest Oak Middle School, Gaithersburg Middle School, and Gaithersburg Elementary School activated a Code Blue heightened security status during the initial stages of the police search for the potentially armed suspect. The Code Blue status was removed between 1:00 and 1:30 p.m. Police kept a presence in the area of Forest Oak Middle school for students walking home when school was dismissed.

***Further details on the suspect will be released tomorrow after the suspect has been charged and processed.***

###

LEHB:lehb

# # #

Contact: Lucille Baur 240-773-5030 or Mel Hadley240-773-5030

Chris Robinson writes:

Three Gaithersburg schools were on alert Tuesday while police searched for a man they believed was armed with a handgun.

Forest Oak Middle, Gaithersburg Middle and Gaithersburg Elementary schools were placed on Code Blue at 12:10 p.m., following a series of reports about a man armed with a handgun in the area, said Sgt. Rudy Wagner, a spokesman for Gaithersburg Police. The suspect had not located as of Tuesday afternoon.

A witness told police at about 11:40 a.m. that he saw what appeared to be a carjacking, but police later learned the incident involved a man with a silver handgun who was threatening another man, Wagner said.

The men then fled in separate directions — the armed man toward Girard Street and the other toward North Summit, Wagner said. The victim later told police he believed it might be a B.B. gun, Wagner said.

Some of you may already have noticed, but if you look at the button bar up at the top, you’ll find a link to a new feature, the Gaithersblog Calendar. It uses the free Google Calendar to store the events. I’ve worked over the past several days to include a number of events of possible interest to my readers. Feel free to let me know about additional events that could be added.

From the County’s Website:

In the summary, they list one rape, two robberies, one aggravated assault, one commercial and five residential burglaries, twenty-four thefts from vehicles, six stolen vehicles and three sex offenses.

• An attempted sexual assault occurred in the parking lot of Shady Grove Radiology, 9850 Key West Avenue, on Wednesday 5/16, at 1700 hours. The victim was leaving work and the suspect followed her out of the building. He grabbed her arm and said “Come on, baby”. The victim ran to her vehicle and the suspect attempted to prevent her from closing the door. He pointed to his erect penis (underneath his pants) and told her to look at it. The victim threatened to run him over and he fled on foot.

  Suspect:W/M, 5’8”-5’9”/180-185 lbs., goatee, medium-length black hair, possibly Middle-Eastern, grey sweatshirt and pants

• A strong-armed robbery occurred on Water Street on Sunday 5/20 at 1820 hours. The victim was at the bus stop when the first suspect asked her for the time. He then grabbed her around her neck and took her purse. The first suspect joined the other suspect and they fled into the woods. The victim’s purse (minus the cash) was found nearby on James Street.

  Suspect: B/M, 20-26 yrs. old, white T-shirt, blue shorts

  Suspect: B/M, 20-22 yrs. old, blue shirt

  Water and James Streets are between Muddy Branch & South Frederick, south of W. Diamond Ave.

• An armed robbery by known suspects occurred at the rear of Pepito Restaurant, 107 E. Diamond Avenue, on Monday 5/21 at 2130 hours. The victim told the suspects he had a $50 bill and offered to buy them dinner. They went to the rear of the building where the suspects displayed a knife and beat the victim. He passed out and then went to the Gaithersburg City police station to report the incident. The suspects were found later the next morning at Popeye’s and were arrested.

  Defendant: Daniel Medina, AKA Daniel Pantoja, H/M, 47 yrs. old, 5’10”/198 lbs., balding, mustache, multiple tattoos, multiple tattoos, homeless, has priors for robbery, theft, CDS and kidnapping

  Defendant: Juan Galinda-Rodriguez, H/M, 23 yrs. old, 5’7”/175 lbs., homeless, has priors for deportable alien, assault, disorderly and trespassing

• Officers responded to the area of the Montgomery Village Golf Course on Thursday 5/17 at 1515 hours for the sound of shots fired. A citizen saw multiple suspects run behind the homes on Ridgeline Drive, with one suspect possibly carrying a gun. The suspects were stopped nearby, but the citizen did not identify them in a show-up. Some of the suspects ran into an address on Ridgeline Drive and consent was given to search the house but no gun was found. A black IPod and an ID belonging to a ‘Gila Herbert’ was found. Officers served a search warrant the next day and recovered at least two guns.

  Suspect: Juvenile, B/M, 16 yrs. old, 6’2”/184 lbs.

  Suspect: Juvenile, B/M, 14 yrs. old, of N. Stone Avenue, (1D)

  Suspect: Juvenile, B/M, 16 yrs. old, 5’9”/160 lbs., of Walker House Road

  Defendant: Nashawn Grant, B/M, 18 yrs. old, corn rowed hair, has priors for CDS and was wanted on an unrelated warrant, of 20418 Meadow Pond Place

  Suspect: Juvenile, B/M, 16 yrs. old, of Club House Road

  Suspect: Juvenile, B/M, 16 yrs. old, of Brassie Place

• A ’98 Ford Contour was stolen at the Exxon gas station, 16425 S. Frederick Avenue, on Saturday, 5/19 at 1850 hours. The victim went inside the store, leaving the vehicle running unattended. The suspect fled in the vehicle and was last seen on Walnut Hill Road; the suspect had stolen a bottle of water from the store just prior to this event.

  Suspect: B/M, 25 yrs. old, 6’/180 lbs., long braided hair, red jersey, jeans, black & white shoes

• A residential burglary occurred in the 700 block of West Side Drive on Monday 5/21 at 0046 hours. The suspect entered the residence and when he saw the victim inside, the suspect fled on foot.

  Suspect: H/M, white T-shirt, blue shorts, NFD

• The pickpocket and purse-snatch do not appear to be related.

  • 5/16 WED 1114 hrs. 9715 Medical Center Drive, Medical Plaza BLDG 1: The suspect helped the elderly male victim’s wife into his vehicle and the victim later discovered his wallet missing. Suspect: B/M, NFD
  • 5/22 TUE 1535 hrs. Muddy Branch Road & School Drive: The victim was at the bus stop when the suspect snatched her purse and fled on School Drive towards the townhomes

    Suspect: B/M, dark complexion, black hat, white T-shirt, blue jeans

• A possible transient criminal crime occurred on Russell Avenue on Thursday 5/17 at 1600 hours. The 87-year-old female victim answered the door and the suspect said she was looking for a piece of paper to leave a note for the victim’s neighbor. The suspect was allowed entry and walked around the house. The victim is disabled and was unable to keep up with her, and the suspect walked into the bedroom and emerged a few minutes later. The victim later discovered $250 and several pieces of jewelry missing.

  Suspect: H/F, mid-30’s, 5’6”/110 lbs., long black ponytail, white blouse & pants

• A residential burglary occurred at 12200 block of Bradbury Drive on Tuesday 5/15 between 0700 and 1000 hours. The suspect previously did work for the victim at his house and had given the victim back his house key, but the victim believes the suspect made a copy of the key. The victim’s child was home and heard the suspect enter and open drawers in the bedroom. Checks taken have been forged. The victim believes the suspect is currently living out of his vehicle. Investigation is continuing.

  Bradbury Drive is south of Great Seneca Highway, just east of Seneca Creek State Park.

• The P2 beat was hit hard with thefts from vehicles from Thursday 5/17 to Friday 5/19, with 12 vehicles entered and lloose items inside taken. Nine of the victims had unlocked doors, the rest were ‘unknown entry’. The map to the [below] shows the theft locations. See the printout for specific addresses and added details.

• A theft from a vehicle occurred in the parking lot of the Shell gas station on Quince Orchard Road. The victim was getting gas and had stepped away from the vehicle. He saw the suspect and three other subjects walking away from his vehicle and he noticed his wallet was missing from the vehicle. He yelled at them and they fled on foot. The suspect claimed the other suspects took the property and gave it to him to hold. He was arrested the same night as the other thefts in the beat but it is unknown if he was involved in them or not.

  Defendant: Boima Sanimanie, B/M, 19 yrs. old, 5’9”/112 lbs., has priors for armed robbery, agg. assault, burglary & CDS, of 18229 Lost Knife Circle

• A peeping tom occurred in the 400 block of 427 Christopher Avenue on Tuesday 5/15 at 0040 hours. The adult female victim was in the bedroom with the window and blinds partially open. She heard a noise and saw the shape of a human head move outside of the window. The victim’s dog had barked just prior to this, which the victim said was highly unusual.

• Gang-related graffiti was painted on the walls of Montgomery Village Middle School, 19300 Watkins Mill Road, sometime between 1900 hours on Wednesday, 5/16 and 0700 hours Thursday, 5/17. The graffiti was from “MS13” and “Bloods”.

• Officers responded to Zio’s Italian Restaurant, 9083 Gaither Road on Saturday, 5/19 at 0445 hours for an alarm. They found the bottom of a rear glass door broken with a piece of concrete. The cash register was searched but had been previously emptied. Nothing was taken.

• There were two Acuras taken between Tuesday 5/15 and Wednesday 5/16.

  • 5/15 TUE 1320-1420 hrs 7400 block of Brenish Drive ’02 Acura RSX
  • 5/15-5/16 TUE-WED 2300-0800 hrs. 8500 Fountain Valley Drive ’95 Acura Integra

  Brenish Drive is north of the Airpark off MD124. Fountain Valley Drive is between Warfield and Snouffers School roads, east of Goshen Road

From the City’s Crime Summary Page:

Sunday, May 27, 2007
Aggravated Assault
On 05/27/2007 at approximately 10:30 pm, GPD and MCP officers responded to the 9000 block of Lost Knife Road for a stabbing that just occurred. Upon arrival, officers located a male victim suffering from a stab wound to the upper abdomen area. The suspect was located and apprehended without incident a short distance away. The victim was transported to he hospital with non-life threatening injuries. The juvenile suspect was charged as an adult with first degree assault, second degree assault, and reckless endangerment.

---

Saturday, May 26, 2007
Armed Robbery
On 05/26/07, at 1136 p.m., police responded to the 400 block of N.Fred. Ave. for an armed robbery. The employee stated that the suspect entered the business, displayed a silver handgun, and took approximately $300.00 from the register. The suspect then left on foot and was seen heading north on N. Fred. Ave.

The suspect is described as a black male, 6′0-6′2, 200 lbs., wearing a striped baseball cap, white shortsleeve shirt over a dark longsleeve shirt, black pants, and black shoes.

Mocoprogressive has some more information on the stabbing.

From the City’s website:

Tuesday, May 22, 2007
Armed Robbery
On 05/22/07, at about 12:05 a.m., a victim walked into the Gaithersburg Police station to report an armed robbery. The victim stated that he was robbed by two known acquaintances in 100 block of E. Diamond Ave. Shortly thereafter, officers interviewed two individuals in the 400 block of N. Frederick Ave matching the description of the two robbery suspects. Later the victim identified the two individuals as the suspects that had robbed him earlier. They were then placed under arrested and charged.

---

Monday, May 21, 2007
Burglary
On 05/21/07, at about 12:46 a.m., in the 700 block of Westside Drive a suspect entered a private residence through a closed unlocked door. Once inside, the suspect was confronted by the owner so the suspect turned and ran out of the house.

Suspect: Hispanic male, tall, wearing a white t-shirt and short pants.

---

Sunday, May 20, 2007
Aggravated Assault
On 05/20/07, at 5:11 p.m., a male and female became involved in a domestic dispute in the unit block of West Deer Park Road. The suspect was arrested at the scene.

Attempted Burglary
On 05/20/07, at 5:30 p.m., the police responded to the 500 block of S Frederick Avenue for the report of a burglary. The resident returned home to find the back sliding door open. There were no signs of forced entry and nothing was taken.

Strong Arm Robbery
On 05/20/07, at 6:20 p.m., the victims were in the unit block of Water Street when they were approached by Suspect #1. Suspect #1 assaulted one of the victims, took her purse and then fled the scene on foot were he met up with Suspect #2. The victim’s purse was later recovered and returned.

Suspect #1 - Black male,20-22 yrs old, wearing a white t-shirt and blue shorts.
Suspect #2 - Black male, 20-22 yrs old, wearing a blue shirt.