gaithersblog.net

Update: The video of this meeting is now online. Also, if you haven’t already you may want to read Cathy Drzyzgula’s comment, which summarizes last night’s meeting.

Finally, note that there will be one more budget work session tomorrow night, to discuss the capital budget.

I was not able to attend or watch tonight’s work session, but I’m hearing that it did not go perfectly smoothly — that there were multiple disagreements among the Council members concerning priorities and how they were reflected in the budget line items. One topic that I understand to have been particularly contentious was the new emergency management coordinator position, for which the City receives federal funding. The draft FY08 budget places this position in City Hall — reporting directly to Mr. Humpton — but several people believe that this position should be located in the Police Department.

I will attempt to find time tomorrow to watch the video once it is available on the City’s website, but in the mean time, if any readers did watch or attend the meeting, I encourage you to add your thoughts in the comments to this post. Thanks.

• Janel Davis writes: Third pedestrian dies on county streets

  This week’s incidents are part of the 92 pedestrian-vehicle collisions — incidents reported by police whether or not a pedestrian is hurt — that occurred in the first 93 days of this year. One bicyclist has also been killed. This year’s numbers do not include incidents in Takoma Park, which reports its incidents separately.

  An extensive report on pedestrian collisions in 2006 has just been posted on the County’s website.

• Margie Hyslop writes: Local legislation spends closing days in limbo

  Much legislation that would let counties, cities and towns make changes is languishing in the final week of the General Assembly’s session, which ends at midnight Monday.

• Melissa J. Brachfeld writes: First phase of extending Crabbs Branch Way OK’d

  The county Planning Board on Thursday approved the first phase of a preliminary plan that would eventually extend Crabbs Branch Way north across Shady Grove Road, where it ends now, to Amity Drive.

• City Notes, by Chris Robinson:
  • The mayor and City Council last week advanced on the road to a new bike path

    They unanimously approved a $26,000 study by Toole Design Group, of College Park, to conduct an inventory of current bikeways, create a graphic information system database and identify future two-wheel needs.

  • Honoring Gaithersburg’s all-stars
    

    A number of Gaithersburg officials were recognized during the Jan. 16 mayor and City Council meeting for their contributions to the city. The awards were based on performance in the second business quarter, from Sept. 1 to Nov. 30, 2006.

  • Annual retreat costs
    

    The city budgeted $6,000 to send the mayor, five council members, the city manager and two assistants as well as the city public information officer to the city’s annual retreat, hosted at the Annapolis Loews Hotel earlier this month.

    Early estimates show they spent about $2,400 on an overnight stay in the hotel, dinner and a meeting room and food for the daylong session, Assistant City Manager Tony Tomasello said.

    The annual retreat was open to the public, with the stipulation they not ask questions or comment during the eight-hour session.

    Two Gaithersburg residents and two reporters attended the meeting.

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• C. Benjamin Ford writes, Delays in fire station construction questioned:
  

  County Council members are questioning delays in building six fire stations that were planned as far back as 2000.

  Fire department and Department of Public Works and Transportation representatives told Knapp at a Public Safety Committee meeting on Jan. 18 that several factors — from a land owner unwilling to sell his land at the county’s asking price to asbestos found at one station that needs to be demolished to make room for the new station — have delayed the projects.

  The county should be able to complete these projects much faster, said Councilman Philip M. Andrews (D-Dist. 3) of Gaithersburg.

  Knapp agreed. ‘‘These are the easy ones,” he said.

  The article identifies the six stations: West Germantown, Takoma Park, Clarksburg, East Germantown, Burtonsville and Travilah and the reasons they are delayed; some are being constructed and some are being renovated. None are in Gaithersburg, but many serve (or will serve) parts of Gaithersburg, or take some load off the Gaithersburg stations.

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• Chris Robinson writes, Cell tower proposed on conservation property:
  

  A conservation group welcomes the proposed construction of a cell phone tower on its Gaithersburg land as a way to support their projects through leasing income.

  Communications giants Nextel Communications and T-Mobile have proposed erecting a100-foot monopole on the forested property owned by the Izaak Walton League of American at 707 Conservation Lane.

  ‘‘In the end it’s a good thing for conservation and helps us with our programs,” league spokesman Jason McGarvey said.

  The tower and related equipment would be located in a 1,050-square-foot area surrounded by an 8-foot fence.

  Public meeting

  Gaithersburg’s Board of Appeals is slated to consider the application to construct a 100-foot cell phone monopole on Izaak Walton League of America property at 707 Conservation Lane in Gaithersburg. The meeting is set for 7:30 p.m. Feb. 8 at City Hall, 31 South Summit Ave.

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• Sebastian Montes writes, YMCA to close Montgomery Village pool:
  

  Forty-five years after it was built in Montgomery Village, the Upper Montgomery YMCA will soon see its last Aqua Aerobics class and medley relay race.

  Built in the early 1960s by the Kettler Brothers — who conceived and built Montgomery Village — the 25-yard, six-lane pool has been under YMCA ownership since 1979. There are YMCA pools in Bethesda and Silver Spring, and the 1,650 memberships at the Village YMCA — which include singles and families — will be valid at those downcounty pools through Memorial Day. Memberships cost up to $53 for a single adult, and $79 for a family. The rates will remain until the pool closes, but after that, the YMCA is unsure.

  ‘‘We’re still trying to decide how we’re going to handle it,” said YMCA spokeswoman Carol Gregory.

  [The closing] left Kirby Weldon, swimming coach at Georgetown Prep High School and 40-year member of the Bethesda YMCA, at a loss to understand the move.

  ‘‘Until I see it, I can’t believe it’s happening. … I’m shocked that they’re even contemplating this,” he said. ‘‘You don’t see YMCA’s closing their pools; they have been very effective in running them. That community up there is really going to be left holding the bag. Simply put, it strikes me as odd.”

  Swimming pools throughout Montgomery Village have seen marked decline in use over the last several years, which many in the Village attribute to the shifting demographics of long-time families having grown up and moved out, while the high number of immigrant families moving in aren’t concerned with swimming.

There were several stories of interest in this week’s Gazette. A number of them addressed the County’s day laborer plans; I’ll put those in a separate post following this one.

• Chris Robinson writes, Annapolis retreat puts city’s needs in focus:
  

  Public safety, Olde Towne revitalization and thoughts on a new senior center were topics of extensive discussion at Gaithersburg city leaders’ annual retreat in Annapolis on Saturday.

  Public safety

  Council members also discussed public safety in Olde Towne, after a spike in violent crimes the past few months in and around that area drew concerns in recent public meetings.

  City leaders said a police beat system would let officers focus on specific parts of the city.

  However, the city currently employs 50 officers and Police Chief Mary Ann Viverette has said they would need 10 more officers before beginning that system due to the draw it would have on police resources, Humpton said.

  The city will hire three to five more officers this year, he said.

  Katz encouraged the city to examine whether police can increase an emphasis on Olde Towne in lieu of the beat system.

  Viverette has been briefed about the request and the city is examining the possibilities, Humpton said Tuesday afternoon.

  Two Gaithersburg residents and two reporters attended the meeting.

• Chris Robinson writes, Revised affordable housing regulations win approval:
  

  Gaithersburg mayor and City Council unanimously approved the revised regulations for the affordable housing ordinance during a meeting last week.

  In a nod to the proposed Broadstone Apartment redevelopment project, which could displace about 350 families that currently live there, the approved ordinance allows eligible tenants displaced by redevelopment to have first pick of the affordable homes once they are available.

  A change also was made in the per-unit fee required of residential developers in Olde Towne from $2,500 to $1, although the mayor and City Council would annually review the amount.

• Chris Robinson writes, Gaithersburg men robbed, beaten with chain:
  

  Two Gaithersburg men were beaten and robbed by eight men at the Festival at Muddy Branch shopping center parking lot Saturday night, police said.

  One of the suspects beat the men with a chain, but no other weapons were involved, Wagner said.

  The 36-year-old victim was taken to a hospital where he was treated for non-life threatening injuries, Wagner said. His status is unknown as of Monday evening.

  Anybody with information about the crime should call Gaithersburg police at 301-258-6400.

  This would be the same incident I posted about a couple of days ago.

• Sebastian Montes writes, Loans to day laborers could be in future
  

  Montgomery County began funding day-laborer centers as a solution for immigrant workers more than 10 years ago, and County Executive Isiah Leggett (D) believes it is time to expand the thinking. He wants to move away from relying solely on the centers to address the employment needs of a growing number of day laborers.

  ‘‘I’m not interested in having sites all over the county,” Leggett (D) said in an interview last week. ‘‘I do not want that to become our standard operating procedure, that every community gets one.”

  Moving workers from short-term hires to permanent jobs is the long-term solution, Leggett said. His idea is to tap into the county’s economic development money to make loans to entrepreneurial day laborers so they can create their own micro-enterprises.

  Under the last administration, the county recognized the immigrant advocacy group Casa of Maryland as the only agency with the know-how to run the county’s day-laborer centers.

  Besides providing a formal structure to the hiring process, Casa offers English and Spanish classes, legal aid, financial advice, vocational training and citizenship classes at its centers and helps immigrants tap into a range of outside government social services.

  Casa received more than $1.28 million in noncompetitive county grants last year — $1.5 million of its $3.3 million income came from government sources, according to its 2005-2006 annual report.

  Critics of the county’s current policy point to a growing distaste for day-laborer centers, which serve an undetermined number of illegal immigrants.

  That dynamic played out bitterly last year in Gaithersburg as landlords, business owners and neighbors to more than 30 potential center sites objected loudly enough to convince city leaders that they would never find an appropriate site. After six months of trying, the city called an end its search in November.

• Melissa J. Brachfeld, Liza Gutierrez and Sebastian Montes write, Shady Grove neighbors angered by laborer plan
  

  With county officials looking to open a day-laborer center in the vicinity of the Shady Grove Metro station, some nearby residents are vehemently against plan while others are relatively indifferent.

  County Executive Isiah Leggett’s point man on the issue, Chuck Short, said the county is confident that the impact on neighborhoods will be minimal because the site is embedded within an industrial area.

  However, some Rockville and Derwood residents are not convinced.

  In a letter e-mailed to The Gazette, Brad Botwin, co-president of the Greater Shady Grove Civic Alliance, wrote, ‘‘Had Montgomery officials bothered to conduct any research at all, they would quickly have discovered that this property is part of the county-approved Shady Grove Sector Plan.”

  Brad Botwin also has a letter in the Gazette, which is similar to one he sent to me a few days ago.

• Chris Robinson writes, Another armed robbery occurs in Olde Towne
  

  Gaithersburg police are investigating an armed robbery that happened last week in the 200 block of East Diamond Avenue.

  This is the fourth armed robbery in the Olde Towne area in the past month.

  On Jan. 3, a 53-year-old woman was exiting the vehicle outside her home in the 400 block of North Summit Avenue when two men, one armed with a black pistol, demanded the woman’s handbag.

  I reported these incidents last Wednesday.

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.

The City has published it’s Legislative Priorities for the 2007 session of the Maryland General Assembly. These are the things that, given their druthers, the City would have the legislature pass in the upcoming session. Key issues in here are:

• Yet more money for the Lakelands aquatic center
• More funding for the City police
• Funding for major transportation projects, specifically the CCT and the Watkins Mill Interchange
• Taxing authority issues: Exemption from the Metropolitan District Tax, authority to levy additional Hotel/Motel and Development Excise taxes
• Authority for a municipalities to be opt-out electrical aggregators. On the Takoma Park website, I found a PDF document from 2005 discussing this issue in detail. A couple of quotes from this document will go a long way toward explaining what they want to do:
  

  What is electricity deregulation?
  Generally, electricity deregulation refers to a state deciding that customers should be allowed to choose an electricity supplier by letting competition enter a market where only a regulated utility monopoly existed before. It is felt that the market forces of supply, demand, and competition will help to keep electricity costs low, and stimulate innovative new products and services that didn’t exist under regulation. Maryland began this process in 1999.

  So if there is supposed to be a choice of suppliers, why can’t we find any besides our existing utility?
  What has been found in every state where restructuring has been tried, including Maryland, is that competition only appears for large industrial customers. This is because electricity suppliers who try to recruit individual homeowners and small businesses quickly learn that the marketing expense is much too high per customer to make it worth their while, and they abandon the effort.

  What exactly is municipal aggregation?
  Aggregation in general refers to many customers joining together to form a buying group. Municipal aggregation refers specifically to the situation where a municipality organizes the pooling of its citizens to become the buying group. The municipality (or a group of them) then seeks out offers on behalf of its constituents to get a better price, terms and services than would be available to an individual.

  What is the “opt-out” part?
  If a municipality has to go out and recruit citizens to join the buying group (i.e. getting them to “opt-in” to the program), then just like when a business tries to do it, it is prohibitively expensive in time and money. Where aggregation can be successful is when it is allowed to be done another way using the so-called “opt-out” approach. This allows the city to publicly declare its intention to become an aggregating entity for its citizens through hearings and mailings, and all citizens are then included in the buying group unless they respond to the mailings or otherwise tell the municipality they wish to “opt-out” of the program.

  There’s a lot more detail in that document, but I think that this gives a pretty good idea of what’s going on. The document explains that forming such a buying group, where people would belong unless they explicitly bother to request exclusion, is not currently legal in Maryland; the proposed legislation is the thing that would make it legal to do this. It also asserts that the electrical utilities — PEPCO in particular — are opposed to this because it would force them to be more competitive.

Anyway, what follows is the complete text of the City’s 2007 legislative agenda, as posted on their website:

City of Gaithersburg State Legislative Priorities for 2007
Posted 12/27/2006

FUNDING

Regional Aquatic/Recreation Center - Bond Bill Needed for Construction

• Additional funding is needed to move forward with this project on Route 28 and Edison Park Drive that will serve both City and County residents.
• The project is now in design phase.
• Gaithersburg has committed $9.5 million.
• Montgomery County has committed $6 million.
• Crown Farm project developers have committed $5 million.
• $1 million bond bill is requested in the 2007 legislative session so we can move to the construction phase.

Police - State Aid Requested to Improve Public Safety

• Maryland provides $1,800 in state aid for each sworn municipal police officer. This figure has not increased since 1999.
• Additional state assistance is necessary for Gaithersburg to expand its force, which currently stands at 49 sworn officers.
• The Maryland Municipal League has made increasing this aid a key component of its legislative agenda.

TRANSPORTATION

Watkins Mill Road Interchange - Engineering Funds Need to be Increased

• The Watkins Mill Road Interchange at I-270 is critical.
• It will aid economic development and reduce congestion at one of the busiest intersections in Montgomery County
• The City and County are working with developers on the Watkins Mill Road extension.
• Gaithersburg recently approved a Road Participation Agreement that would provide for build-out in two years.
• Gaithersburg has secured 65% of the Interchange right-of-way at no cost to the state. Efforts are underway to secure the rest.
• The Interchange is in the engineering phase, but there are not adequate engineering funds earmarked for this project in FY 2008.
• The proposed Consolidated Transportation Plan only calls for $800,000 and the Department of Transportation notes that an additional $7.8 million is needed for engineering.

Corridor Cities Transitway - Make a Top Funding Priority

• Congestion on I-270 has reached intolerable levels.
• The Corridor Cities Transitway (CCT), which is supported by municipalities along the route, provides an effective light rail alternative to commuters.
• The entire right-of-way throughout the City of Gaithersburg is available for construction, and the land for the transit stations has been set aside.
• This project needs to be the next major transportation initiative in Maryland.

LEGISLATION

Metropolitan District Tax - Exempt Gaithersburg and Rockville

• Gaithersburg requests a Bi-County bill establishing that properties annexed into the City of Gaithersburg or City of Rockville since 1965 not be subject to the Metropolitan District Tax.
• This tax is used to support parks operated by the Maryland National Capital Park and Planning Commission.
• It has never been assessed on properties located within Gaithersburg or Rockville, but a recent County Attorney’s opinion has determined that properties annexed in either City should be subject to the tax.
• Both Gaithersburg and Rockville have their own extensive parks systems and recreational programs that are funded by the respective City’s property tax revenues.

Hotel/Motel Tax- Allow Municipalities to Assess

• The City of Gaithersburg currently has 14 hotels operating within City limits.
• They require additional public services such as police protection.
• Gaithersburg requests that enabling legislation be approved allowing municipalities to assess a 3% hotel/motel tax.
  
• Most counties and the City of Baltimore currently charge a hotel/motel tax, but other municipalities do not have the authority to assess a tax of this nature

Municipal Opt-Out Electrical Aggregation- Approve

• Deregulation has not produced meaningful competition in Maryland, and our residents’ electric utility rates continue to increase.
• Like municipalities across this State, the City of Gaithersburg would like to seek competitive bids from electric providers on behalf of our residents.
• We are requesting that the General Assembly approve municipal opt-out electrical aggregation this year.

Development Excise Taxes- Enact Enabling Legislation

• The City of Gaithersburg is supportive of Rockville’s request for enabling legislation that would permit municipalities to charge development excise taxes to assist in providing the infrastructure necessary to support new development

Note that the City has posted the video of last night’s meeting.

The meeting was about as low-key as it appeared from the agenda. Everything that was up for a vote was approved, with only some abstentions on the approval of some of the minutes. Items of note:

• Stanley Alster was elected Council Vice President
• Public appearances brought several people who spoke about day laborers and illegal immigrants. There were some responses and reaction to the previous meeting’s public appearances, especially as regards to the anti-solicitation ordinance and David Rocha’s performance. One speaker encouraged the City to make English the official language in the City, while another speaker reiterated her opposition to Mr. Halici’s appication to tear down the Talbott House.
• In the From the Mayor and Council segment, Mr. Schlichting raised the topic of sponsoring a Charrette to consider design issues related to the Kentlands commerical district, preferably by Spring of next year. This brought a fair amount of discussion, which was not universally supportive of the idea. The Mayor and most of the Council generally agreed that the Corridor Cities Transitway alignment (which Mr. Schlichting mentioned as one of the issues facing Kentlands) was important to the City, but there was some disagreement as to how much of a window was left for influencing the final alignment, and how the arrival of a new administration in Annapolis will affect the process. Other concerns included the funding of the Charrette process, whether the planning process should even be a Charrette, and the level of interest in this activity from the business and property owners in Kentlands.
• The City Manager, clearly in response to the the sign incident at the previous Council meeting, circulated to the Mayor and the Council members a statement of a new policy that he planned to post at the entrance to the City Council chambers. This new policy would state that, during Council meetings, participants would not be allowed to hold signs in such a way as to disrupt the proceedings or block the view of the audience or cameras. The Mayor and Council agreed with the plan, and Mr. Humpton noted that the Mayor had agreed to enforce the policy in future meetings. Unofficially, I expect that this will become known as “the Rocha rule”.
• Mr. Roman gave his presentation on the overcrowding and illegal occupation problem in the City. In the discussion that followed, Mr. Roman was asked several questions about enforcement. Apparently the City inspectors can only enter a private home to inspect if the owner consents. However, if there is probable cause — and formal and detailed complaints from the public, which are allowed to be filed anonymously, are important factors in demonstrating probable cause — the inspectors are able to obtain administrative search warrants, allowing them to enter and inspect a home without the owners consent. In addition to fines that may be levied against a property owner, which can be one-time fines or even fines that are levied for every day the property is out of compliance, the City does have the ability to condemn a property, making it illegal to occupy until the problems are corrected. Several among the Council expressed concern that perhaps the fines — often in the hundreds of dollars — are not high enough to act as an effective deterrent. In Mr. Roman’s presentation, one suggestion was that fines for repeat offenders be raised; and the sympathies of the Council were clearly in this direction, if not also to raise the fines for first-time offenders.
• In the discussion of the proposed financial assistance for the Bozzuto project, the principal concern was that the assistance would only be made available to purchasers who would be living in the property — that it was exclusively directed at encouraging owner-occupied housing.
• Regarding the defibrillator ordinance, the only substantiative question that I recall was whether this ordinance would also apply to swimming facilities; it was unclear that it did, and Mr. Felton promised to look into this. As it was a public hearing, one member of the public rose to speak in favor of the ordinance, and also to recommend that the City consider placing these units in police cruisers.
• The HDC convened largely to elect officers — in a remarkable coincidence, Commissioner Katz was elected Chair, and Commissioner Alster the vice chair — to approve three sets of minutes, and to state that they would be holding a closed executive session after the Council meeting.

Following is the Outcomes posted by the City:
Read the rest of this entry »

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)

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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)

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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

Update: The City has published an Outcomes document for this meeting, as well as the Video, two parts: Part 1, Part 2.

The agenda for Monday N