gaithersblog.net

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It’s really important. If you have any question about where and how to vote, the best site to visit is the Maryland State Board of Elections. On that site there are links to two ways to search for voting information. You can look up your polling place by entering your street address and Zip Code, or you can look up your own voter registration information by entering your name, Zip Code and and birth date. Using the latter form, which is actually hosted on the University of Maryland’s mdelections.org website, you can also confirm that you are in fact registered to vote, and find out whether or not you will need to present identification before you will be allowed to vote.

Information on the candidates and offices — as well as the statewide questions — on the ballot can be found here. Information on Montgomery County-specific questions can be found here. Answers to some questions can also be found on Montgomery County’s Board of Elections site, here.

Also, some information about false rumors from the MSBE’s website; don’t let anyone trick you into giving up your vote:

Rumor Control

Get the Facts!

Social Security Numbers

Rumor: State and county election officials may be calling to obtain your Social Security Number.

FACT: State and local election officials do not need and will not be asking voters for their full Social Security Numbers.

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Different Election Days for Different Political Parties

Rumor: Due to the expected high voter turnout, Democrats should vote on Tuesday, November 4th and Republicans should vote on Wednesday, November 5th OR Due to the expected high voter turnout, Republicans should vote on Tuesday, November 4th and Democrats should vote on Wednesday, November 5th.

FACT: Election day is Tuesday, November 4th. There is no election on Wednesday, November 5th.

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Foreclosure

Rumor: If my home is in foreclosure, will I be allowed to vote?

FACT: Maryland’s Constitution (Art. I, § 1) guarantees each citizen who is 18 years old and a resident of the State the right to vote. The fact that your home is in foreclosure has no bearing on your right to vote. It may, however, affect where you vote. If you have left your home and taken up a new residence, you will need to update your voter registration (by October 14, 2008) and vote in the election district and precinct for your new residence.

Supporting Documentation:

• Letter from the Attorney General to Linda Lamone regarding reports of voter challenges of persons whose homes have been foreclosed 9-24-2008.

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Campaign Merchandise

Rumor: If I wear a campaign button or t-shirt into the polling place, will I be allowed to vote?

FACT: A voter may wear campaign paraphernalia (buttons, t-shirts, or stickers) into the polling place while he or she is there to vote (the voter may not linger in the polling place after voting). However, an election judge, challenger and watcher, or other person stationed inside the polling place or within 100 feet of the polling place may not wear or display campaign materials.

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Voter Registration Card

Rumor: If the name that appears on the voters registration card does not match exactly as it appears on your driver’s license you will not be allowed to vote on November 4th.  The authorities at the polls will turn you away, flat out.

FACT: This is not correct for several reasons:

• For voter registration purposes, the voter must use his or her legal name. However, there is no requirement that it be the full legal name. For example, you are not required to use your middle name on your voter registration application.
• Most voters in Maryland are not required to show any identification such as their voter registration card or their driver’s license. (Some first time voters and voters who did not provide certain information on the voter registration application are are required to show identification).
• Voters are only required to provide their name when they check in to vote. A poll worker will confirm the voter’s identity by having the voter provide his or her month and day of birth.
• No voter in Maryland is simply turned away. Instead, all voters are given the opportunity to vote a provisional ballot.

Rumor: I need my voter registration card to vote.

FACT: You do not need your voter notification card to vote. When you check in to vote, you’ll be asked to provide your name, month and date of birth, and address.

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College Students

Rumor: If a college student registers to vote at the student’s college address the student’s parents will not be able to claim the student as a dependent for tax purposes.

FACT: Registering to vote in Maryland alone will not jeopardize a parent’s ability to claim a student as a dependent for tax purposes.

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Absentee Ballots

Rumor: Election officials automatically send out absentee ballot applications to voters who previously voted by absentee ballot.

FACT: Election officials do not automatically send out absentee ballot applications to voters who have previously voted by absentee ballot. Voters can obtain an absentee ballot application on this website or by calling the voter’s local election office.

Rumor: Election officials automatically send out absentee ballots to voters who previously voted by absentee ballot.

FACT: A voter has the option on the absentee ballot application to request an absentee ballot for a primary election, a general election, or both. A voter who indicated that he or she wanted an absentee ballot for both the 2008 Primary and General Elections will automatically receive an absentee ballot for the upcoming general election. A voter who only requested an absentee ballot for the 2008 Primary Election will not automatically receive an absentee ballot. He or she will have to submit an absentee ballot application to his or her local election office to receive an absentee ballot for the 2008 General Election.

Rumor: Absentee ballots are not counted unless they will affect the outcome of an election.

FACT: Absentee ballots (and provisional ballots) are counted regardless of whether they will affect the outcome of an election. Absentee ballots are considered and counted in an open meeting on the Thursday after an election and the 2nd Friday after an election. Provisional ballots are considered and counted in an open meeting on the 1st Monday after an election.

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Registering before each Election

Rumor: Even though you are registered to vote, you still need to register again before the election.

FACT: If you have already registered to vote, you do not need to register again in order to vote in the upcoming General Election. You can check here to make sure you are registered to vote and that your information is up-to-date.

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Provisional Voting

Rumor: I can go to any polling place in the State, vote a provisional ballot, and have my vote for President counted.

FACT: If you do not vote at the polling place where you reside, in most cases you will not be voting in your election district or ward and therefore your provisional ballot will not be counted. According to advice from the Office of the Attorney General, a voter must cast his ballot in the election district or ward in which the voter resides.

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Undercover Officers

Rumor: Undercover police will be at the polls on election day and will arrest voters who have outstanding warrants or traffic offenses.

FACT: There will not be undercover police at the polls. Outstanding arrest warrants, traffic offenses, and unpaid parking tickets do not impact a voter’s eligibility to vote.

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Straight Party Voting

Rumor: You must vote for President and then select the “straight party” voting option. If you do not do both, your vote for President will not count.

FACT: Maryland does not have straight party voting. To vote for all of the candidates affiliated with a specific political party, you must individually vote for each candidate.

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Video Election Day Experiences

Rumor:I can take part in nationwide efforts to video election day voting experiences.

FACT: Maryland regulations prohibit the use of cameras in polling places. While it is true that YouTube and PBS have initiated a project for voters to document their election day experiences, Code of Maryland Regulations 33.07.04.02 prohibits the following devices in polling places: cameras, audible electronic devices (including cell phones and pagers), and computer equipment.

This Monday’s Mayor and Council agenda contains a number of what I think are interesting items; two of these items are down at the bottom, under segment fourteen, “FROM THE ASSISTANT CITY MANAGERS, CITY ATTORNEY AND OTHER STAFF”. One of these items (I’ll mention the other in a later post) is entitled “Guidance on a Memorandum Dated July 5, 2007 Concerning a Proposed Amendment to Section 27 of the City Charter”. Ostensibly, this is the first step in introducing an amendment to the City charter to delete the provision for a City-specific voter registry, as this registry is no longer is in use — since 1977 Gaithersburg has allowed for the use the County’s registry and at this point there is no one on the City’s registry.

However, the impetus for this change is what is interesting. During the May 7, 2007 meeting of the Mayor and Council, Susan Payne and Demos Chrissos raised the question of illegal immigrants on the City’s voter registration rolls; you’ll find their appearances starting at about 41:48 into the video. Apparently the Board of Supervisors of Elections was asked whether there was any mechanism in place to prevent this. The answer was contained in a memo from Joan More of the Board, who stated that the registration application requires the applicant to sign, under penalty of perjury, a statement that, among other things, they are U.S. Citizens. The memo sort of tosses this off as thus being a non-issue, and focuses more on eliminating the provision for a City-specific registry. I’ve transcribed the memo below (this was another OCR’d PDF, so I had to make a number of corrections; the original PDF can be found here). The memo refers to “Section 3-202(a)(i) of the Elections Law of the Annotated Code of Maryland”. I’ve also pulled in section 3-202 of the State Code, it can be found after the memo. The relevant section states that the application shall:

require the signature of the applicant, subject to the penalties of perjury, by which the applicant swears or affirms that the information contained in the registration application is true and that the applicant meets all of the qualifications to become a registered voter

I did pull up a copy of the Maryland voter registration form, and it (at least the English-language version) does at least include the citizenship requirement in the text. However, it does seem that all illegal immigrants need to do in order to register to vote is to perjure themselves.

Following is the memo from Joan More:

MEMORANDUM TO: Mayor and City Council FROM: Joan More Board of Supervisors of Elections DATE: June 6 2007 SUBJECT: Election Registration

As you may recall, during the Monday, May 7, 2007 regular meeting of the Mayor and City Council a resident request was made as to whether there is a system in place to insure that individuals who register to vote are United States citizens. Prior to 1977, residents had to register with the City to participate in City elections. In 1977, the Mayor and City Council amended the City Charter to provide that “any person who has domicile within the City may register to vote in City elections by registering to vote in Montgomery County elections…” As late as the mid 1990’s there were still a few City residents who remained on the City’s voter registry who were not registered to vote with Montgomery County Board of Elections; however, at this point, there is no one on the City’s voter registry. Given that the City no longer has a voter registry, staff contacted Paul Valette who is the Election Operations Manager for the Montgomery County Board of Elections to determine if there is a system in place to insure individuals who are registered to vote are United States citizens. Mr. Valette informed staff that individuals registering to vote are required to sign a statement under the penalties of perjury that, among other things, they are United States citizens. This signed application is required pursuant to Section 3-202(a)(i) of the Elections Law of the Annotated Code of Maryland. No additional verification of citizenship is required or undertaken by the Board of Elections For your review, I have attached the applicable section of State law and a copy of the Maryland Voter Registration Application. During the course of discussing this issue, the Board realized that it may be appropriate for the Mayor and City Council to consider amending the City Charter to eliminate the language that permits residents to register at City Hall. As stated above, no one is currently registered with the City and the prospect of maintaining a separate list in the future does not seem to make sense. I hope this information is helpful. Assistant City Manager Felton will be seeking guidance on the concept of pursuing a Charter Amendment during the July 9 Mayor and City Council meeting jm/sp Attachments

cc: David B. Humpton, City Manager Frederick J. Felton Assistant, City Manager

And here is Section 3-202 of the Annotated Code of Maryland:

§ 3-202. Voter registration applications.

(a) Statewide voter registration application.-

(1) The statewide voter registration application shall:

(i) require the signature of the applicant, subject to the penalties of perjury, by which the applicant swears or affirms that the information contained in the registration application is true and that the applicant meets all of the qualifications to become a registered voter;

(ii) state the penalties for the submission of a false application; and

(iii) provide the applicant with the opportunity to cancel a current registration.

(2) The following information shall be made available to each applicant who is completing a statewide voter registration application:

(i) the qualifications to become a registered voter;

(ii) if an individual declines to register, this fact will remain confidential and be used only for voter registration purposes;

(iii) if an individual registers to vote, the office at which the application is submitted will remain confidential and will be used only for voter registration purposes; and

(iv) notification to the applicant that submission of the form to an individual other than an official, employee, or agent of a local board does not assure that the form will be filed or filed in a timely manner.

(3) The statewide voter registration application may not require:

(i) notarization or other formal authentication; or

(ii) any additional information, other than the information necessary to enable election officials to determine the eligibility of the applicant and to administer voter registration and other parts of the election process.

(4) (i) A statewide voter registration application shall be produced exclusively by the State Board.

(ii) No other registration form may be used for registration purposes except:

1. a voter registration application produced by a local board with the approval of the State Board;

2. as provided in subsection (b) of this section;

3. as provided in § 3-203(b) of this subtitle;

4. any other form prescribed by federal law for voter registration; or

5. a federal write-in absentee ballot if used by a voter authorized to vote a federal write-in absentee ballot under federal law.

(b) National voter registration application.- The voter registration application form prescribed pursuant to the National Voter Registration Act of 1993 shall be accepted by the appropriate election official for purposes of voter registration.

(c) Change of name, address, or party affiliation using voter registration applications.- The application described in this section may be used by a registered voter to change the voter’s name, address, or party affiliation.

[An. Code 1957, art. 33, § 3-202; 2002, ch. 291, §§ 2, 4; 2004, ch. 19; 2006, ch. 354.]

From the City’s website:

Agenda - Mayor and City Council Meeting, 6/18/2007

Posted 6/14/2007

City of Gaithersburg
AGENDA FOR A REGULAR CITY COUNCIL MEETING

MONDAY, JUNE 18, 2007, 7:30 P.M.

I. CALL TO ORDER

II. PLEDGE OF ALLEGIANCE

Jameka Watts, 4th Grade Student, Gaithersburg Elementary School

III. INVOCATION

IV. APPROVAL OF MINUTES

Minutes of a Special Budget Public Hearing Meeting of the Mayor and City Council Held May 14, 2007

TBA - Background Material (pdf format)

Minutes of a Regular Meeting of the Mayor and City Council Held May 21, 2007

TBA - Background Material (pdf format)

V. CONSENT ITEMS

(resolutions for approval by the City Council that do not need discussion)

1. Resolution of the Mayor and City Council Authorizing the City Manager to Enter into a Contract for Stormwater Management Facility Maintenance and Repair ($29,025)

   Background Material (pdf format)

2. Resolution of the Mayor and City Council Authorizing the City Manager to Enter into an Agreement with Home Care Partners, Inc. Using Unexpended Community Development Block Grant Funds ($5,000)

   Background Material (pdf format)

VI. APPOINTMENTS

Resolution of the City Council Confirming Appointments and Reappointments by the Mayor to the Education Committee, Gaithersburg Senior Council, Multicultural Affairs Committee, and Olde Towne Advisory Committee

Background Material (pdf format)

VII. OATH OF OFFICE TO CHIEF OF POLICE JOHN A. KING

• Introduction of New Chief of Police

VIII. PRESENTATIONS

1. Presentation of the City’s Local Winner of the Maryland Municipal League’s “If I Were Mayor, I Would….” Essay Contest (Jameka Watts)
2. Proclamation from the Mayor and City Council Designating June 2007, as "Homeownership Month" in the City of Gaithersburg
3. Presentation by Local Governments Insurance Trusts (LGIT), Awarding a Grant in Support of an Aquatic Risk Seminar
4. Presentation from the City’s Compensation Committee

   Background Material (pdf format)

IX. 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)

X. FROM THE MAYOR AND CITY COUNCIL/ANNOUNCEMENTS

• Board/Commission/Committee Vacancy Update
• Upcoming City Events

XI. FROM THE CITY MANAGER

XII. PUBLIC HEARING

JOINT - SDP-07-001, Application Requests Approval of an Amendment to Schematic Development Plan, SDP-05-003, Known as Casey East (Parcels 360, 563 and N455) in Gaithersburg, Maryland. The Approved Plan is a Mix of Uses, Including 382 Residential Units, Office, Restaurant, Retail, Service Station, and Public Uses on Approximately 40.10 Acres of Land. The Current Application (SDP-07-001) Requests Approval to Redistribute the Number and Type of Dwelling Units Among the Three Residential Buildings, Reduce the Height of Building C From Seven to Five Stories, Reduce the Mixed Use Retail by 1,700 Square Feet, Increase the Senior Center From 10,000 to 29,500 Square Feet, and Amend the Phasing Plan. The Subject Property is Located Northwest of the Intersection of Maryland Route 355 (North Frederick Avenue) and Watkins Mills Road, Gaithersburg, Maryland

Background Material (pdf format - 4.9M)

XIII. 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 May 21, 2007

TBA - Background Material (pdf format)

3. Certificate of Approval

HAWP-108 Ollie Mumpower, Engineer Services Director for the City of Gaithersburg, Request to Install Entry Markers on Brookes and Walker Avenues

Background Material (pdf format 4.7M)

4. Adjournment

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XIV. RECONVENE MAYOR AND COUNCIL MEETING

XV. 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. Resolution of the Mayor and City Council Authorizing the City Manager to Enter into a Contract for the Kentlands Mansion Roof Replacement and Brick Tuckpointing Project ($384,100)

   Background Material (pdf format)

2. Resolution of the Mayor and City Council Authorizing the City Manager to Enter into a Contract for Construction of Storm Water Management Water Quality Structures at the Public Works Facility ($410,000)

   Background Material (pdf format)

3. Resolution of the Mayor and City Council Approving a Waiver of the Environmental Standards for Development Regulation to Permit, at a Maximum, 1.12 Acres of Disturbance Within the Stream Valley Buffer at the Crown Property

   Background Material (pdf format - 3.8M)

4. Resolution of the Mayor and City Council Authorizing the City Manager to Negotiate and Execute a Contract for the Design, Fabrication and Installation of a Mural in Olde Towne, an Art in Public Places Project ($35,000)

   Background Material (pdf format)

5. Resolution of the Mayor and City Council Authorizing the City Manager to Negotiate and Execute a Memorandum of Understanding for the Installation and Maintenance of a City Owned Mural on the Building at 227 East Diamond Avenue, Gaithersburg, Maryland

   Background Material (pdf format)

6. Resolution of the Mayor and City Council Authorizing the City Manager to Negotiate and Execute an Easement for the Installation and Maintenance of a City Owned Mural on the Building at 227 East Diamond Avenue, Gaithersburg, Maryland

   Background Material (pdf format)

7. An Emergency Ordinance to Amend Section 15-9, Subsection (f) of the City Code, Entitled “Solicitation in Roadways,” so as to Amend the Effective Date of Ordinance O-4-07 Adopting Section 15-9(f), and Providing for Future Changes to the Effective Date by Resolution (Ready for Final Action)

   Background Material (pdf format)

8. 8. An Ordinance to Adopt the City Budget for the Fiscal Year July 1, 2007, Through June 30, 2008, and Levying an Ad Valorem Tax on all Assessable Property Within the City of Gaithersburg, Maryland (Ready for Final Action)

   Background Material Part I (pdf format)

   Background Material Part II

9. Establishing a Constant Yield Tax Rate for the City of Gaithersburg for the Fiscal Year July 1, 2007 Through June 30, 2008 (Ready for Final Action)

   Background Material (pdf format)

10. Resolution Codifying and Updating a Schedule of Fees, Charges, Fines and Expenses as Provided for in the Ordinances of the City of Gaithersburg

    Background Material (pdf format)

11. Resolution of the Mayor and City Council Authorizing the Use of the Diebold AccuVote Optical Scan System and the AutoMark System as Voting Equipment for the November 6, 2007 City Election and any Run Off Election that may be Required by the City Charter

    Background Material (pdf format)

XVI. POLICY DISCUSSION AND STAFF GUIDANCE

(discussion by the Mayor and Council about previous public hearing topics and other policy matters)

1. 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 (Ready for Final Action)

   Background Material (pdf format)

2. Resolution of the Mayor and City Council of Gaithersburg Granting Approval of Schematic Development Plan SDP-04-001, Quince Orchard Park, Parcel A, The Vistas, Winter Walk Drive and Quince Orchard Road, Gaithersburg, Maryland (A Draft Resolution of Approval is Available if the Mayor and City Council Would Like to Take Final Action.)

   Background Material Part I (pdf format - 3.7M)

   Background Material Part II (pdf format - 5.3M)

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

Staff Recommendation to Close the Record on Z-304 as of 5 p.m. on Thursday, June 28, 2007 (Application to Rezone 14.157 Acres of Land, the Broadstone Apartments, Located at the Intersection of MD 355 and West Deer Park Road)

Staff Recommendation to Close the Record on SDP-06-004 as of 5 p.m. on Thursday, June 28, 2007 (Applicant Requests the Redevelopment of 14.157 Acres of Land, , the Broadstone Apartments, Located at the Intersection of MD 355 and West Deer Park Road)

Background Material Part I (pdf format)

Background Material Part II

XVIII. ADJOURNMENT

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ANNOUNCEMENT

Notice to the general public is hereby given that the Mayor and City Council of the City of Gaithersburg:

• will conduct a joint work session with the Planning Commission on Thursday, June 21, 2007, to introduce the HOK Planning Group and Receive an Overview of the Kentlands Boulevard Commercial District Community Outreach Activities Charrette Schedule and to discuss the Concept Plan for the New Youth Center in Olde Towne
• will not conduct a work session on Monday, June 25, 2007
• will not conduct a regular meeting on Monday, July 2, 2007, but will conduct a regular meeting on Monday, July 9, 2007
• will conduct a work session on Monday, July 16, 2007 and a regular meeting on Monday, July 23, 2007

• Margie Hyslop writes: Local bills await governor’s signature

  Among the bills passed by the General Assembly and needing Gov. Martin O’Malley’s signature to become law are measures that would:

  *Prohibit Montgomery County from levying a special property tax on residents of Gaithersburg, Rockville and Washington Grove for maintenance and use of county parks, recreation facilities and programs.

  Montgomery and Prince George’s County Councils and the Maryland-National Capital Park and Planning Commission, which runs the two counties’ parks and programs, would be required to issue a report to the state legislature that analyzes user fees for parks and related services in the counties and municipalities. The municipalities, which operate their own parks and programs, argued that their residents should not be taxed twice.

• Chris Robinson writes: Still time to comment on absentee ballot availability

  The revision would allow absentee ballots for city elections without providing a reason. The Ad Hoc Election Participation Advisory Committee and Board of Supervisors of Elections suggested the revision during a public work session in March.

• Sebastian Montes writes: Goshen homes nearing historic status

  ‘‘When we came through a couple years ago, this place was in ruins,” said Joanne Atay, vice-chairwoman of the Goshen Historical Preservation Society, which has been pushing the county for years to grant the Black and White Inn historical status.

  They marvel at its greatly restored state. But the immediate thrill is overshadowed by the deep relief from their years of work finally bearing fruit: the Black and White Inn, along with three other homes in Goshen, could at last win the protections of historical designation as early as this summer.

  Those four Goshen homes would be the first African-American homes to be individually added to the historical atlas created in 1976.

From the City’s website:

Agenda - Mayor and City Council Meeting, 4/9/2007

Posted 4/5/2007

City of Gaithersburg
AGENDA FOR A REGULAR CITY COUNCIL MEETING

MONDAY, APRIL 9, 2007, 7:30 P.M.

I. CALL TO ORDER

II. PLEDGE OF ALLEGIANCE

III. INVOCATION

Reverend Charles Updike, First Baptist Church of Gaithersburg

IV. APPROVAL OF MINUTES

Minutes of a Regular Meeting of the Mayor and City Council Held March 19, 2007

Background Material (pdf format)

V. CONSENT ITEMS
(resolutions for approval by the City Council that do not need discussion)

Resolution of the Mayor and City Council Authorizing the City Manager to Enter Into a Contract for the Purchase and Installation of Emergency Equipment for Police Vehicles ($32,764)
Background Material (pdf format)

Resolution of the Mayor and City Council Authorizing the City Manager to enter into a Contract for Repair of Culverts under Victory Farm Drive ($57,800)
Background Material (pdf format)

VI. APPOINTMENT

Resolution of the City Council Confirming Appointments and Reappointments by the Mayor to the Art In Public Places Committee, Bicycle Pedestrian Advisory Committee, Community Advisory Board, Gaithersburg Senior Council, and Technology & Innovations Committee

Background Material (pdf format)

Resolution Establishing a City of Gaithersburg Ad Hoc Mayor and City Council Compensation Review Committee and Confirming Appointments Made by the Mayor of the City of Gaithersburg Thereto
Background Material (pdf format)

VII. PRESENTATIONS

1. Proclamation of the Mayor and City Council Designating April 3 through June 3, 2007, as “The 2007 Maryland Chiefs’ Challenge Campaign” in the City of Gaithersburg
2. Proclamation of the Mayor and City Council Designating April as “Municipal Government Works Month” in the City of Gaithersburg

VIII. 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)

IX. FROM THE MAYOR AND CITY COUNCIL/ANNOUNCEMENTS

• Board/Commission/Committee Vacancy Update
• Upcoming City Events

X. FROM THE CITY MANAGER

1. Commission on Accreditation for Law Enforcement Agencies, Inc. (CALEA) visit to Gaithersburg April 14 to April 18, 2007
   Background Material (pdf format)

2. Meeting with Secretary of Transportation Porcari
   
   Background Material (pdf format)

3. Proposed Memorial in Honor of Those Who Lost Their Lives During Our Nations Wars/Conflicts
   
   Background Material (pdf format)

XI. PUBLIC HEARING

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

Background Material (pdf format)

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. Resolution of the Mayor and City Council Authorizing the City Manager to Enter into a Contract for a Street Reconstruction Project ($762,000)
   Background Material (pdf format)

2. Resolution of the Mayor and City Council Awarding a Matching Grant to Kentlands Condominiums II ($758)
   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, APRIL 16, 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.

April 16 Meeting:
Presentations 
- 3rd Qtr. Employee/Team Recognition Awards
- Proclamation “Arab American Heritage Month”
- Proclamation “National Crime Victim’s Rights Week”

Public Hearing 

- JOINT - Historic Preservation Element

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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

From the City’s Website:

Notice - Public Hearing: Absentee Voting , 4/9/2007
Posted 3/27/2007

CITY OF GAITHERSBURG
31 South Summit Avenue
Gaithersburg, Maryland 20877

Telephone: 301-258-6330

NOTICE OF A PUBLIC HEARING

The Mayor and City Council of the City of Gaithersburg will hold a public hearing on:

MONDAY, April 9, 2007, 7:30 P.M.

or as soon thereafter as it can be heard in the Council Chambers at City Hall, 31 South Summit Avenue , Gaithersburg , Maryland on the following:

AN 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

Proposed Ordinance

Further information may be obtained from the City Manager’s Office, 31 South Summit Avenue between the hours of 8 a.m. and 5 p.m. , Monday through Friday.

David B. Humpton
City Manager

From the City’s Website:

City of Gaithersburg
WORK SESSION
Mayor and City Council

Monday, March 12, 2007
7:30 P.M.

• Receive an update from the Board of Supervisors of Elections in preparation for the upcoming City Election to include voting equipment and discuss the report from the Ad Hoc Election Participation Advisory Committee
  Background Material (pdf format)

• Receive Briefing on City Snow Operations with Special Regard to Pedestrian Safety
  
  Background Material (pdf format)

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.

p>

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

Avi Rubin, John’s Hopkins professor, expert on computer security and critic of electronic voiting, has written up a report on his day as an election judge in Maryland.

[…]
I was impressed with the performance of the e-poll books that failed so miserably in our primary. In our precinct, they worked flawlessly. I observed them very carefully. One test I did was when a couple split up and the husband checked in on my e-poll book, while his wife checked in on the one at another table. The instant that the wife was checked in, she appeared as having voted on my e-poll book. I repeated this test several times. We ran three e-poll books, and I watched them in many different situations throughout the day, and I did not find a single problem. In fact, as a poll worker, I can say that they were quite handy, especially when people came in who were in the wrong precinct, and we were able to tell them where to go because we had the whole state’s database on each e-poll book. I still feel that I would prefer a paper card check in system because of fear of how stuck we would be if the power went out, or if the machines failed in an unexpected way.
[…]

Readers may or may not be familiar with the Richard Thompson’s comic strip, Richard’s Poor Almanac, which has run weekly in the Washington Post for the past several years. Today, Mr. Thompson takes on electronic voting.

Mr. Thompson is one of my all-time favorite cartoonists, and I’d encourage readers to buy a copy of his book. Sadly, his other weekly masterpiece, the strip “cul-de-sac”, which runs in the Washington Post Magazine, does not appear to be available online, although it is discussed a bit in this online chat.