gaithersblog.net

• Kathleen Miller writes, Enrollment soars in Montgomery County adult English classes
  

  Enrollment in Montgomery County adult English classes for immigrants has jumped about 34 percent since the county spent nearly half a million dollars to reduce massive waiting lists in the past year.

• Kathleen Miller writes, Montgomery committee approves legislation to increase closing costs for those buying homes
  

  Under the bill approved 2-1 by the Management and Fiscal Policy Committee, home-buyers and sellers would see recordation taxes increase from their current level of $6.90 per $1,000 paid for a home to $8.50 per $1,000, if their homes cost $600,000 or less.

• Courtney Mabeus writes, Staph infection spreads further through Montgomery County public school system
  

  A virulent strain of staph infection spread further into Montgomery County’s Public Schools this week with officials reporting five more cases Monday, bringing the total to 19.

• C. Benjamin Ford writes, El Pollo owners indicted on federal money laundering charges
  

  A federal grand jury has indicted the owners of the El Pollo Rico Restaurant in Wheaton on charges of money laundering and harboring illegal immigrants to work in their restaurant while they accumulated nearly $8 million in cash, real estate and other property.

• Meghan Tierney writes, Trial begins for man charged in 2005 killing
  

  The trial of a Gaithersburg man charged in the 2005 shooting death of an acquaintance in Germantown began Tuesday in Montgomery County Circuit Court in Rockville

• Chris Robinson writes, ‘Night Out’ events help unite neighbors and police
  

  When former Spanish radio disc jockey Denis Tobar talks about National Night Out Against Crime, his signature baritone excitedly lists the beauty of police mingling with residents in a festive setting.

• Chris Robinson writes, Gaithersburg man found guilty in robbery, rape
  

  A Gaithersburg man was found guilty last month for raping at knifepoint a Montgomery Village woman in Olde Towne in December, according to a statement from Montgomery County State’s Attorney John J. McCarthy’s office.

  Walter Flores-Montalban, 27, was convicted of first-degree rape, first-degree sex offense and robbery with a dangerous weapon in Montgomery County Circuit Court on July 20, according to the statement released that day.

• Sebastian Montes writes, New GHS principal defends her record
  

  Incensed by the suggestion that Handy-Collins was connected to Techworld’s woes, the school system reiterated its support.

  ‘‘There’s absolutely no evidence whatsoever that she had any involvement in the allegations of fiscal mismanagement,” said school system spokesman Brian K. Edwards. ‘‘Any allegations that she was somehow involved in that are nothing but scurrilous innuendo.”

This is the second of the agenda items from tonight’s Council meeting that I found interesting enough to post about.

As stated in the memo below from Assistant City Manager Fred Felton, while the County’s Annual Growth Policy does not apply within the City, the schools and transportation impact taxes do. The County is now engaging in their biannual review of this policy, and some of the proposed changes are concerning. I think that the approach that Mr. Felton recommends here is quite reasonable, and for the most part I’ll let his memo speak for itself. I will add a note about the consequences of the conflict between the City’s Adequate Public Facilities Ordinance (APFO) and the County’s Annual Growth Policy.

According to Mr. Felton’s memo, the County is proposing that development will be allowed to proceed as long as the schools are at less than 135% of program capacity; developers would be required to pay an additional tax if the capacity is between 110% and 135%, toward the end of providing additional funds to alleviate the overcrowding. While allowing more children to be sent to such already-overcrowded schools is somewhat frightening, I believe that this tax should never have to be paid within the City of Gaithersburg, because, by the City’s APFO, proposed developments will not be approved if the schools are at 110% of capacity or more; the City also uses a more restrictive test to determine capacity.

Nevertheless, some schools attended by Gaithersburg students could well be driven to as high as 135% or more of program capacity because the school districts routinely cross the City boundary and include students from developments outside the City. I’m not sure there’s much that the City can do about this; they’ve already made a fairly strong statement of their opinion of this sort of folly via their APFO. However, as residents of the County, we can all at least directly tell the County Council what we think of this proposal.

The proposed waiver of impact taxes within Strategic Economic Development Projects could be another big help to the revitalization of Olde Towne, and the 50% credit of transportation impact taxes near MARC stations is a strong smart-growth proposal for the entire County.

The original of this memo, as well as the attachments to which the memo refers, are contained in a PDF that is part of the background materials for tonight’s meeting. Again, this was an OCR’d PDF, and I had to make a number of corrections, especially in formatting and punctuation. Please refer to the original for an authoritative copy, and let me know if you see any errors in my transcription.

MEMORANDUM TO:	Mayor and City Council
VIA:	David B. Humpton, City Manager
FROM:	Frederick J. Felton, Assistant City Manager
DATE:	July 5 2007
SUBJECT:	Montgomery County Annual Growth Policy and Impact Tax Legislation

On May 18 2007, staff sent a memorandum to the Mayor and City Council that included the Montgomery County Planning Board’s recommendations for the 2007 Annual Growth Policy (AGP) and modifications to the impact tax legislation. While the County’s AGP does not apply within the City of Gaithersburg, the County’s impact taxes for both schools and transportation are applicable to development in the City.

Over the last month, staff has attended a series of County Council hearings and Committee work sessions on the AGP and the impact tax. During the June 19, 2007 Public Hearing, former Assistant Chief Administrative Officer Scott Reilly provided testimony on behalf of County Executive Leggett. Given that the Executive is proposing significant modifications from the Planning Board recommendation, I have attached a copy of Mr Reilly’s remarks for your review.

Schools Test

Over the last three AGP cycles (2005, 2003, and 2001), the City has commented extensively on the schools test formula. In particular, the City has expressed serious concerns about sharing of capacity between schools and allowing residential development to continue with affected schools going as high as 110% of AGP capacity

In January of 2007, the City of Gaithersburg adopted an Adequate Public Facilities Ordinance that included a schools test that was significantly more restrictive than the current County schools test. The City’s schools test was modeled closely after the City of Rockville’s schools test and closes an area to residential development if any of the receiving schools will exceed 110% of program capacity. Additionally, the City’s schools test does not permit sharing of capacity within or between clusters and only gives credit for Capital Improvements that are scheduled to be completed within a two-year timeframe

The Planning Board’s current proposal for the schools test reflects a new approach that both the County Executive and some County Council members have expressed concerns about. Rather than attempting to ensure that the current and forecasted schools can support students generated as a result of development approvals, the Planning Board approach attempts to generate significant revenues for future school construction. The Planning Board’s proposal evaluates elementary schools and middle schools on a cluster wide basis, but does not permit sharing of capacity between high schools. The Planning Board’s proposal would allow residential development to continue until a school’s capacity reached 135% of program capacity, but a substantial “special facilities payment” would be required for each anticipated student when capacity was between 110% and 135% of program capacity. These payments would range from $32,524 at the elementary level to $47,501 at the high school level. For your review I have attached an excerpt from the background material for the July 2, 2007 PHED Committee work session that discusses this issue in some detail.

Impact Taxes

As previously noted, Montgomery County impact taxes are assessed on new construction in the City of Gaithersburg. The Planning Board is recommending significant increases to both the school impact taxes and the transportation impact taxes. For example the school impact tax for a single family detached dwelling would increase from $8,464 to $22,729 per unit. The transportation impact tax for a single family detached dwelling would increase from $5,819 to $8,380. For your review, I have attached a memorandum dated May 14, 2007 from Research and Technology Chief Karl Moritz that outlines the Planning Board’s rationale.

While most County Council members appear to be supportive of some level of impact tax increase, a number of members have expressed concern that the recommendation may be excessive. An equally important issue is the timing of any impact tax increases. There has been some discussion of phasing in an increase over time to lessen the impact on projects in the pipeline.

At one point, the County allowed an exemption that would limit or waive impact taxes for Strategic Economic Development Projects. The County Executive’s staff has recommended that this exemption be reinstated in the current legislation.

For many years, the County has only charged 50% of the transportation impact tax for projects located in Metro Station Policy areas. In previous years the City has requested that this reduced rate also be applied to projects near MARC stations but the County Council has not acted favorably upon this request to date.

Staff Recommendations

Staff is recommending that the City of Gaithersburg make the following recommendations to the County Council with regard to the AGP and the impact tax legislation:

1. That the County’s schools test be modified to be more in line with the schools test adopted by the City of Gaithersburg and the City of Rockville.
2. That any impact tax increases be phased in over time to minimize hardship on development projects already in the pipeline.
3. That the exemption for Strategic Economic Development Project be reinstated, and that Olde Towne Gaithersburg be specifically designated as a Strategic Economic Development Project.
4. That development projects located in the vicinity of MARC stations (including Olde Towne and Metropolitan Grove Road) be given a 50% credit for the transportation impact tax.

I will be seeking guidance on the development of the City’s position on the AGP and impact tax legislation during the July 9, 2007 Mayor and City Council meeting. If you have any questions or wish to discuss this matter please feel free to contact me.

FJF/ms
Attachments

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.

Remember the alcohol-related trash found along a path between Gaithersburg Middle and Gaithersburg Elementary schools? Well, the City did clean it up that once, but it seems that not much has changed on the production end. These pictures were taken last Monday, April 30th.

State law, by the way, is kind of unequivocal about this sort of activity. § 26-103 says: Unless locally approved by the county board of education, a person may not drink or possess any alcoholic beverage on the premises of any public school. Since this has been going on for some time, perhaps this means that the Montgomery County Board of Education has approved this activity? Or perhaps this is just another one of those laws that Montgomery County has found to be inconvenient, or the State’s Attorney thinks may be unconstitutional?

Photos Courtesy Clark W. Day Photo-Graphics

• Sebastian Montes writes, City seeks clarity on law banning curbside hires

  As day laborers continue to gather in parking lots along Route 355 despite last week’s opening of an employment center in Derwood, Gaithersburg leaders are asking the Maryland Attorney General whether the city’s anti-solicitation ordinance will stand up in court.

• Chris Robinson writes, Gaithersburg bank robbed a second time

  This is the second time in two months the bank, located at 22 N. Summit Ave., has reported a robbery.

  The man arrived at about 1:02 p.m. and passed a note to a bank teller that implied he had a weapon and demanded cash, said county police spokesman Officer Kyle Cochran.

• Chris Robinson writes, Father arrested after he alludes to school shooting

  Larry D. Moore Sr., 40, was arrested April 18 at his home in the 400 block of Carousel Court in Gaithersburg on charges of threatening phone calls and disruption of a school day, police said.

  He is being held at Montgomery County Detention Center in Rockville in lieu of $50,000 bond, as of Tuesday morning.

• Chris Robinson writes, Gaithersburg picks King to lead police

  Viverette said she has known King since they were both rookies, and is confident he can lead Gaithersburg police to the next level.

  ‘‘I’m excited it’s somebody that knows our department and certainly has a lot of connections on the county, which are sometimes necessary for us to get things done,” she said. ‘‘I’m happy for John and I’m happy for the department.”

  In related news, Montgomery County Chief Manger has announced that he has recommended 3rd District Commander Capt. Betsy Davis to replace Assistant Chief King.

Chris Robinson writes in the Gazette:

The parent of a Gaithersburg Elementary School student was arrested Wednesday after allegedly making a threatening phone call to the school referencing the shootings this week at Virginia Tech, Montgomery County Police said.

Moore allegedly called the school and asked that his son, a student, be kept inside the building during afternoon recess due to the child being ill, police said.

When a faculty member told Moore a note from the child’s doctor would be required, Moore became agitated and said the school shooting that occurred earlier this week at Virginia Tech in Blacksburg, Va. could happen at Gaithersburg Elementary, police said.

WTOP and The Examiner also have stories.

Note: If you see any of this activity going on, please call the Police non-emergency number at (301) 279-8000.

On Wednesday, I posted about more violent crime in Olde Towne. In that post, I mentioned the problems with men hanging out and drinking along a path near the school. The path I was talking about is at the top center of this image:

Following are a number of pictures taken along that path and the opposite side of the field, near Diamond Ave, taken by a Gaithersblog reader. The First few were taken in early October of 2006, at the rear of an abandoned property on Diamond Ave., near the footpath which runs along the south side of that field:

When Gaithersburg officials were notified about the problem, a crew came out within a couple of days to clean it up. Later that month, the reader noticed even more trash accumulation — consisting almost exclusively of alcohol containers — along the path at the north side of the field:

Again the City was notified. This time it was a bit more complicated because this trash was on MCPS property. My understanding is that even though it was School’s responsibility to clean it up, in the end the City wound up doing the bulk of the work, even installing some trash cans along the walk. The same Gaithersblog reader returned late last week, and found that, while much of what was there had in fact been cleaned up, as far as the activities going on in that area, things don’t seem to have changed much:

There’s broken glass (and limes) strewn all over the place. The glass appears to be mostly from Corona bottles that have been deliberately smashed on the ground.

The trash cans were about half full. Keep in mind, this is MCPS property and there are severe penalties for having alcohol on school grounds. During the reader’s visit last week, he ran into some Gaithersburg city employees who were taking a look to see what needed to be done; they said that they’d be back on Friday to clean things up yet again. The reader unfortunately got there too late to snap pictures of the crew working, but did manage to get a shot of them leaving after finishing the job:

I think that this gives a pretty good idea of what is going in that area. There seems to be routine partying along that path, and occasionally some homeless people sleeping in the woods near the schools. While MCPS is doing next to nothing to deal with the problem, the City is at least making an effort to keep the area from deteriorating into a complete dump. It is unclear why nothing appears to have been done about the routine consumption of alcohol on school property.

Again, if you see any of this activity going on, please call the Police non-emergency number at (301) 279-8000.

• Chris Robinson writes, Historic Hair Bar building will stand, city rules
  

  The ruling is the latest in a protracted struggle to determine the city’s first case where an owner has sought permission to remove a historical home.

  Halici, who has attempted to raze the place for over a decade, said he plans to appeal the ruling in court. His lawyer, Stephen Orens, was unavailable for comment.

  Upkeep on the property is expensive, and to sell the property the house must go, according to Halici, who applied for and received historic designation for the building soon after he bought the property in 1989.

  In 2003, the city granted a permit to demolish the house, but it expired before work was performed. Now the commission is unwilling to grant approval again.

  Alster noted prior to last week’s vote that the qualifications of ‘‘economic hardship” are too low, and have allowed Halici to take advantage of the city.

  ‘‘This has opened my eyes that we need to be clearer on the criteria and information that we require,” Alster said Thursday.

  Though it’s unclear when a worksession or public discussion will be to review standards for economic hardship, the process already is underway, said Planning and Code Director Greg Ossont.

• Chris Robinson writes, Gaithersburg approves growth restrictions
  

  The requirements will take effect Jan. 24, prompting a moratorium on residential areas around Rachel Carson Elementary School, Assistant City Manager Fred Felton said.

  Residential development also could be stopped around Summit Hall and Thurgood Marshall elementary schools, city managers have said. That might impact the GE Technology property in west Gaithersburg, the city’s largest undeveloped parcel.

  Two versions of the APFO were considered last week. One gave capacity credit for school projects within Montgomery County Public Schools’ six year facilities master plan, while the other only credits school projects budgeted within a two-year timeframe.

  Residents have widely praised the APFO, with the exception being mixed opinions on the length of school projects. Many written public comments supported the two-year limitation.

  The more restrictive version was approved, with council members Geri Eden, Michael A. Sesma and Stanley J. Alster in favor of the ordinance. Councilmen Henry F. Marraffa Jr. and John B. Schlichting voted against it.

• Chris Robison writes, Summit Crossing residents to get financial help
  

  Gaithersburg is set to provide up to $337,500 in assistance for homeowners of the upcoming Summit Crossing development in Olde Towne.

  The economic incentive program, unanimously approved by city leaders last month, is part of an ongoing effort to revitalize Olde Towne, said Assistant City Manager Tony Tomasello.

  ‘‘Clearly the Council has prioritized affordable housing and homeownership, but they also have parallel goals they want to meet to revitalize Olde Towne,” he said.

• Chris Robison (whose wrists were getting a workout this week) writes There’s no business for snow business
  

  The phenomenon, caused by an abnormal warming of waters in the Eastern Pacific Ocean, generally brings milder winters to the East Coast and also results in a muted hurricane season, Hoekzema said.

  It cycles every five to 11 years, with the last strong El Niño in the winter of 1997 and 1998, he said.

  ‘‘It’s hard to pin a record on recent global warming talk and things like that,” Hoekzema said. ‘‘We often see our highest temperatures in years where there was no mention of global warming. … We could set a record low this year, it’s not totally out of the question, and then still have an above-normal winter. That’s just kind of the way weather works.”

  For Gaithersburg, a city that prides itself on arboreal aesthetics, the extended warmer winter certainly is a consideration, said Wally DeBord, public works operations director.

  However, after consulting with an agricultural expert at the University of Maryland, DeBord said the only real impact will be a less colorful spring.

• Arrest made in Olde Towne rape, robbery, by Chris Robinson.

  This is, of course, the subject of my previous post.

  Flores-Montalban, of the unit block of North Summit Drive, was charged with one count of first-degree rape, first-degree sexual assault and robbery. He is currently being held without bond at the Montgomery County Detention Center.

  Gaithersburg Police spokesman Cpl. Rudy Wagner said this sort of crime is generally uncommon, especially in Olde Towne.

  ‘‘When you’re going to your car, always have your keys ready. Be aware of your surroundings,” Wagner said. ‘‘Park in well-lit areas and walk with confidence. Go as quickly as you can from wherever you are leaving to your car.”

• U-Haul stops renting truck used to shelter laborers, by Sebastian Montes.

  The “Internet Blog” the Gazette refers to but declines to identify is MoCo Progressive.

  For one week earlier this month, day laborers in Gaithersburg used a U-Haul moving truck rented by area churches as shelter from winter weather as they waited for work.

  Now it is gone.

  A neighbor of the parking lot at 17 North Frederick Ave. where laborers gather took a photograph of the truck in use that ended up on an Internet blog site, and complaints reached U-Haul’s corporate office.

  The company has decided to stop renting the truck, citing safety and scheduling issues, a company official said.

• 9⁄11 argument ends in probation for teacher, by Sebastian Montes.

  I’d mentioned this incident following the initial reports, here’s a follow-up:

  Judge Stephen P. Johnson entered a ruling of probation before judgment and suspended a $1,000 fine for resisting arrest and ordered McVey to complete 50 hours of community service.

  The charges carried a maximum of 47 months in jail and $8,500 in fines.

  McVey is no longer on for Montgomery County Public Schools’ list of substitute teachers, according to spokeswoman Kate Harrison.

  McVey’s lawyer Robin Ficker said she was previously a full-time English teacher in the county school system. McVey could not be reached for comment, but Ficker said the case resolved as he expected.