Montgomery News

City of Gaithersburg Mayor and City Council met January 2.

Here is the minutes provided by the Council:

1. Call To Order

The Regular Session of the Mayor and City Council was called to order at 7:30 pm with Mayor Jud Ashman presiding.

Attendee Name; Title; Status; Arrived:

Jud Ashman; Mayor; Present;

Ryan Spiegel; Council Vice President; Present;

Neil Harris; Council Member; Present;

Laurie-Anne Sayles; Council Member; Late; 7:33 pm

Michael Sesma; Council Member; Present;

Robert Wu; Council Member; Present;

Staff present: City Manager Tomasello, Deputy City Manager Enslinger, City Attorney Board, Assistant City Attorney Johnson, Economic and Business Development Director Lonergan, Sustainability Coordinator Backe, Community Services Division Manager Herndon, Community Services Program Coordinator Srinivasachar, Police Officer Lane, and Municipal Clerk Stokes.

2. Pledge Of Allegiance

The pledge was led by Senator Cheryl Kagan.

3. Reflection

Mayor Ashman called for a moment of silence. Mentioned the passing of Merlyn Reineke, Chief Executive Officer for Montgomery Community Media.

4. Approval Of Minutes

A. Work Session held July 10, 2017

Motion was made to approve the above minutes.

Result: Passed [4 To 0]

Mover: Michael Sesma, Council Member

Seconder: Neil Harris, Council Member

For: Ryan Spiegel, Neil Harris, Michael Sesma, Robert Wu

Abstain: Laurie-Anne Sayles

B. Work Session held October 23, 2017

Motion was made to approve the above minutes.

Result: Passed [4 To 0]

Mover: Ryan Spiegel, Council Vice President

Seconder: Neil Harris, Council Member

For: Ryan Spiegel, Neil Harris, Michael Sesma, Robert Wu

Abstain: Laurie-Anne Sayles

C. Regular Session held November 20, 2017

Motion was made to approve the above minutes.

Result: Approved [Unanimous]

Mover: Michael Sesma, Council Member

Seconder: Robert Wu, Council Member

For: Spiegel, Harris, Sayles, Sesma, Wu

D. Work Session held December 11, 2017

Motion was made to approve the above minutes.

Result: Approved [Unanimous]

Mover: Neil Harris, Council Member

Seconder: Ryan Spiegel, Council Vice President

For: Spiegel, Harris, Sayles, Sesma, Wu

5. Presentations

A. Proclamation of the Mayor and City Council Designating January 15, 2018 as a “Day of Service” in the City of Gaithersburg

Mayor Ashman issued a proclamation designating January 15, 2018 as a "Day of Service" in the City of Gaithersburg. The City will join Montgomery Serves and Seneca Creek Community Church to host a morning of service projects that will benefit the most vulnerable in our community. More than 20 projects suitable for a variety of ages and skill levels will be conducted at the church on January 15. The Gaithersburg location, now in its fifth year, is one of three sites in Montgomery County that are hosting Day of Service activities. The others are in Rockville and Silver Spring. At last year’s event, the Gaithersburg Middle School Youth Mentoring Program (Guys of Gaithersburg MS) packaged toiletries and sandwiches for those experiencing homelessness. Mark Lindle, Seneca Creek Community Church Lead Pastor, and Jason Miller, Guys of Gaithersburg MS Director, accepted the proclamation.

B. Presentation of Donated Computer Drawings

This item was deferred.

6. Public Comments

Speakers from the public:

1. Richard Rothrock, Government Relations Manager for Crown Castle, expressed opposition to the small cell regulations as adopted and had concerns with specific terms that would hinder adequate service for residents and the proposed fees. Requested that the Mayor and City Council delay the vote.

2. Senator Cheryl Kagan, came before the Mayor and City Council to present the agenda for the 2018 legislative session. Reported on bills to support and sponsor included the following:

• 911 calls, concern with not having the feature to text

• Public Information Act, seeking to modify due to privacy

• Banning of Polystyrene due to pollution and health concerns

• Private School Discrimination

• Election Laws

• Maryland State Song

• Language access for government agencies

• Highway User Revenue (HUR)

• Small Cell Towers

Mentioned she is hosting a concert to raise funds for hunger, healthcare, immigration, climate change and sexual assault organizations. Noted District 17 Night in Annapolis is scheduled for Monday, January 29, 2018.

3. County Councilmember Sidney Katz joined Senator Kagan to present the City with new Maryland and Montgomery County flags.

7. Public Hearings

A. An Ordinance to Amend Chapter 2 “Administration,” Article II, Entitled, “Municipal- County Relations,” Section 2-6, Entitled, “Exemption from Montgomery County Legislation and Regulations Within the City”

Sustainability Coordinator Backe was joined by Lindsey Shaw, Commercial Energy Program Manager from the Montgomery County Department of Environmental Affairs. She noted that the City's Environmental Affairs Committee recommended the Mayor and City Council explore building energy benchmarking initiatives. Staff provided a presentation on benchmarking and the Mayor and City Council decided move forward with “opting in” to Montgomery County's building energy benchmarking and transparency ordinance. The public hearing ordinance proposed to amend Section 2-6 of the City Code to have the City “opt in” to Montgomery County’s energy benchmarking initiative. The ordinance was introduced by the Mayor and City Council on December 4, 2017. Public notice was placed on the City’s website on December 5 of the scheduled January 2, 2018 public hearing. It’s anticipated that the record would remain open until January 26 with final action on February 20, 2018.

This ordinance would amend the City Code to “opt in” to Montgomery County Code, Chapter 18A, Article 6, to adopt this benchmarking initiative on all covered buildings which are more than 50,000 square feet in size. The requirements exist to encourage improve energy usage in the building sector. Over 26 cities in the U.S. have enacted Benchmarking and Transparency laws to:

• Reduce energy waste

• Save money

• Support climate change efforts

• Support air quality improvement

• Improve building stock

Applicability and requirements would be for county and certain non-residential buildings 50,000 square feet and greater. Energy Star Portfolio Manager which is a free tool would be used to perform the Benchmarking. The City’s Facilities and Capital Projects Division Chief is a certified energy management and meets the data verification requirements, which is required under the law. For exemptions and waivers, the building owners would need to obtain approval from the County for each reporting year. Opting in, the City would be required to Benchmark and report on the Activity Center; require property owners of non- residential buildings, 50,000 square feet and greater, to benchmark and report energy usage (to be third party verified). An annual report would need to be prepared each year; the data isn’t disclosed on buildings until the second year. Staff presented a map showing that the law would apply to approximately 119 covered buildings including the City-owned Activity Center. Montgomery County staff has indicated that the County would work with the City to enforce reporting and benchmarking. Should the City opt in, submission deadline would be June 1, 2019. Notification to property owners would occur via the website, postcards sent to identified property owners, notice in the county newsletter and a presentation to the City’s Economic and Business Development Committee. In addition, post-adoption notification would be mailed out February 2019 with packets of information.

It was questioned whether the ordinance had been presented to the Planning Commission due to the impact of property owners, builders and economic development throughout the Gaithersburg. City Attorney Board responded that it is not required because it does not proposed amendments to Chapter 24. It was added that the proposed ordinance was recommended and supported by the Economic and Business Development Committee which is comprised of representatives from the commercial real estate sector. They unanimously were in favor of the proposed ordinance as a money saver for businesses and in some cases no cost.

Advertising was questioned and City Attorney Board mentioned that the State law allows municipalities to advertise on the City website with the exception of Chapter 24, zoning ordinance which is required to publish ads in a local newspaper. Lindsey Shaw, Commercial Energy Program Manager from the Montgomery County Department of Environmental Affairs added that the hearing was advertised in the county monthly commercial energy news that goes out to approximately 1500 subscribers. Staff was directed to place information in the Economic and Business Development newsletter.

There were no speakers from the public.

Motion was made to hold the record open until 5 p.m. on Friday, January 26, 2018, with policy discussion scheduled for Tuesday, February 20, 2018.

Result: Passed [Unanimous]

Mover: Michael Sesma, Council Member

Seconder: Robert Wu, Council Member

For: Spiegel, Harris, Sayles, Sesma, Wu

8. From Mayor And City Council

Ryan Spiegel-

1. Wished everyone a happy New Year.

2. Reminded the public that the first day of the Legislative Session is January 10.

3. Stated that the Maryland Municipal League (MML) will launch public service announcement videos on the leagues state-wide priorities during the 2018 legislative session. Encouraged the public to sign up and get involved.

4. Thanked Senator Kagan and County Councilmember Katz for their presentation of new flags. Mentioned that this is a reflection of the partnership between local, County and State governments.

Neil Harris-

1. Echoed Happy New Year to the public.

2. Attended a Montgomery County Humane Society event celebrating the County’s success in passing legislation to ban wild animals. Met with representative from the Montgomery County Agricultural Fairgrounds to discuss concerns about the recent passed legislation.

3. Mentioned that issues were raised at the State Highway Authorities Roadshow regarding noise from I-370 and ICC 200. Noted that due to technical reasons the state does not have to conduct noise studies or provide abatement.

Laurie-Anne Sayles-

1. Echoed Happy New Year to the public.

2. Enjoyed attending the Wells/Robertson Annual Holiday Dinner. Mentioned the testimonies and support available to those residents.

3. Mentioned the fire at Potomac Oaks Apartments. Applauded the first responders and Community Services staff.

4. Mentioned the upcoming Board of Supervisors of Elections (BOSE) meeting.

5. Plans to participate in the Day of Service event at Seneca Creek Community Church.Mentioned the voter registration table that will be available to the public during the event.

Michael Sesma-

1. Echoed Happy New Year to the public.

2. Mentioned the upcoming Day of Service event and encouraged residents to participate.

3. Noted that the fire mentioned above was not small, many families were displaced and homes were destroyed. Applauded the first responders.

Robert Wu-

1. Echoed Happy New Year to the public.

2. Mentioned the upcoming Day of Service event and encouraged residents to participate.

3. Plans to participate in the Legislative Opening Day and District 17 Night in Annapolis.

Jud Ashman-

1. Mentioned the fire at Potomac Oaks.

2. Mentioned that the Mayor and City Council will conduct an off-site work session with the Gaithersburg’s Coalition of Providers and Contracted Grantees on Monday, January 8, 6:30 p.m., at Manna Food Center, 9311 Gaither Road.

9. From City Manager

Tony Tomasello-

1. Reported on the Montgomery County Public Schools Site Location Committee and the potential new school in the Gaithersburg cluster.

2. Reported that the deployment of body worn cameras has been completed.

3. Mentioned that all flags have been replaced throughout the City.

10. Economic Development Update

Thomas Lonergan-

1. Provided an update on current vacancy rates of commercial and lab space compared to last year. Percentages were given for the County and area municipalities.

2. Mentioned that Tommy Joe’s restaurant in Kentlands has closed. Saul Development is seeking a new tenant for said space.

Council Vice President Spiegel questioned the assessments for portions of the City and inquired about the City budget and revenues. City Manager Tomasello mentioned staff is expecting data from the State. Council Member Sesma commented on Tommy Joe’s restaurant site.

11. Staff Guidance

A. Request for a Motion to Approve the Franchise Agreement and Master License Agreement Templates to Facilitate Negotiations of Future Agreements With the Telecommunication Industry

City Attorney Board introduced outside counsel Jerry Ludder joining her to present the prepared templates for the Franchise Agreement and Master License Agreement. This is part of the City’s comprehensive response to requests to use the public right-of-way for installations, which was triggered by companies seeking to install telecommunications and wireless facilities and associated equipment. At the recommendation of outside counsel, the prior draft Agreement has been segregated into two Agreements and updated since its initial presentation at the August 21, 2017 Mayor and Council Meeting to ensure consistency with the proposed Right-of-Way Regulations and amendments to Chapters 19, 20 and 24 of the City Code, previously approved by the Council. The regulations and amendments will be effective January 7, 2018. Additional revisions to the Agreement were made to reflect comments received from the public and industry, as well as discussion from the Mayor and Council at their December 4, 2017 meeting, and to ensure best practices. Individual Franchise Agreements and Master License Agreements with companies would require subsequent approval by the Mayor and City Council.

Staff noted that the following comments from the public and small cell industry and issues were addressed:

• input from carriers such as definitions,

• new and existing poles and towers,

• franchise agreement provisions,

• fees, and

• bonding requirements

Commented that the template allows the City to manage, negotiate and be consistent with each carrier.

Council Member Harris mentioned the correspondence received from Eldridge regarding adequate notice and exceptions. City Attorney Board spoke on the provisions for notices within 500 feet and mentioned that safe harbor language was included for exceptions. Council Members questioned the availability of private property and protections.

Staff is willing to meet with Crown Castle and others to address particular issues.

Motion was made to approve the above agreement templates.

Result: Passed [Unanimous]

Mover: Michael Sesma, Council Member

Seconder: Ryan Spiegel, Council Vice President

For: Spiegel, Harris, Sayles, Sesma, Wu

12. From City Attorney / Deputy City Manager / Other Staff

City Attorney Board

1. Mentioned that the upcoming BOSE meeting has been rescheduled to January 17 due to a lack of quorum.

2. Mentioned that PEPCO has filed another rate increase case with the Public Service Commission. They are seeking a $41.4 million rate increase which would result in an average of $5/ per month additional increase for the average household. Reported that staff plans to participate in the proceedings and will try to address the LED street lighting issue. Council Members questioned how often a rate increase can be requested and if the request is being made with the intention of improving service. City Attorney Board responded that as soon as a case is settled a new one may be filed and that no statement of improved service has been made by PEPCO.

13. Correspondence

A. Outside

14. Departmental Monthly Reports

A. November 2017

15. Adjournment

There being no further business, the session was adjourned at 9:10 pm

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