Montgomery News

City of Gaithersburg Mayor and City Council met February 5.

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; Present;

Michael Sesma; Council Member; Present;

Robert Wu; Council Member; Absent;

Staff present: City Manager Tomasello, Deputy City Manager Enslinger, City Attorney Board, Economic and Business Development Director Lonergan, Planning and Code Administration Director Schlichting, Long Range Planner Robinson, Planning Division Chief Schwarz and Planner I Howell, Housing and Community Development Chief Kauffmann, Senior Program Supervisor Rosati, Police Officer III Jordan and Municipal Clerk Stokes.

2. Pledge Of Allegiance

The pledge was ledge by Cub Scout Pack 464, Committee Chair Jackie Perodin.

3. Reflection

Mayor Ashman called for a moment of silence in honor of Matthew Keller, Gaithersburg Fire Code Inspector and John Small, former member of the Commission on Landlord-Tenant Affairs.

4. Approval Of Minutes

A. Regular Session held December 4, 2017

Motion was made to approve the above minutes.

Result: Approved [Unanimous]

Mover: Michael Sesma, Council Member

Seconder: Ryan Spiegel, Council Vice President

For: Ryan Spiegel, Neil Harris, Laurie-Anne Sayles, Michael Sesma

Absent: Robert Wu

B. Regular Session held December 18, 2017

Motion was made to approve the above minutes.

Result: Approved [Unanimous]

Mover: Neil Harris, Council Member

Seconder: Michael Sesma, Council Member

For: Ryan Spiegel, Neil Harris, Laurie-Anne Sayles, Michael Sesma

Absent: Robert Wu

C. Joint Work Session held January 22, 2018

Motion was made to approve the above minutes.

Result: Approved [Unanimous]

Mover: Ryan Spiegel, Council Vice President

Seconder: Neil Harris, Council Member

For: Ryan Spiegel, Neil Harris, Laurie-Anne Sayles, Michael Sesma

Absent: Robert Wu

5. Presentations

A. Proclamation of the Mayor and City Council Designating February 2018 as “African American History Month” in the City of Gaithersburg

Multicultural Affairs Committee Chair Ted Weiss and Committee Liaison Rosati joined Mayor Ashman and Council Member Sayles at the podium to celebrate African American History Month. The annual celebration began in 1926 by Dr. Carter G. Woodson who wanted to bring national attention to the important contributions of African Americans to the history of the United States. Woodson chose February because it includes the birthdays of Frederick Douglass, Langston Hughes and Abraham Lincoln.

This year, the City’s Multicultural Affairs Committee choose to celebrate African American History at the DiverseCity Showcase, a community event that will highlight the cultural contributions of a variety of ethnic groups, including African Americans. The DiverseCity Showcase event will take place at Lakeforest Mall’s Center Court on Saturday, April 14, 2018 from noon to 4:30 p.m. The event is free and open to the public. Multicultural Affairs Committee Member Washington Nsangou, accepted the proclamation.

B. Certificates of Recognition Presented to the Quince Orchard High School Varsity Football Team

Members of the Quince Orchard High School Varsity Football Team and Coaches joined Mayor Ashman at the podium for recognition. On Friday, December 1, 2017, the Quince Orchard High School Varsity Football team played against Wise High School for the Maryland 4A State Title at Navy-Marine Corps Memorial Stadium in Annapolis for the second time in a row. The Cougars had a total of 606 points for the season, the most of any team in the state finals. Unfortunately, they were unable to snag the title and ended their season 12 and 2. The City celebrated the team’s hard work and dedication.

C. Presentation from National Institutes of Standards and Technology (NIST) Regarding their Draft Master Plan

Dr. Kent Rochford, Associate Director for Laboratory Programs and Susan Cantilli, Facilities Planning Team Lead, Office of Facilities and Property Management, representatives of NIST, provided an overview of the Draft Master Plan for the Gaithersburg Campus of the National Institutes of Standards and Technology (NIST).

NIST is a federal laboratory, part of the United States Department of Commerce, performing measurement science and research for the nation. The facility has been at the forefront of research and development for 117 years, and a neighbor in Gaithersburg for over 50 years. Mr. Rochford noted that many of the staff scientist and engineers are experts in their fields, earning five noble prizes. To ensure the future, a world class facility is necessary. The campus includes about 579 acres, 60 building and structures. The last Master Plan for the Gaithersburg Campus was completed in 2009. Since then, numerous studies have been conducted and the campus has experienced significant change. This Draft Master Plan provides a comprehensive 20 year framework for gradual change and is a response to current challenges, such as outdated infrastructure and security concerns, and projected future growth for the NIST campus. As required by the National Environmental Policy Act (NEPA), NIST has also conducted an Environmental Assessment, which found overall positive impacts of the Draft Master Plan. The NEPA process also includes engagement with stakeholders, such as the City. To summarize, the Master Plan, a supporting tool to meet the goals and priorities of NIST, would address appropriate facilities and infrastructure for advanced research, improvements to campus access and traffic flow, work security improvements, and enhanced energy efficiency and sustainability. As a result, City staff has attended multiple meetings and offered input on the Draft Master Plan. Gaithersburg Planning staff were thanked for meeting with representatives over the years to assist with the Draft Master Plan and providing input.

The Draft Master Plan and Draft Environmental Assessment documents are available to view or download at hhtps://www.nits,.gov/ofpm/nist-gaithersburg-master-plan.

6. Public Comments

Speakers from the public:

1. Barbara Sears, Linowes and Blocher Attorney representing the owner of the 700 Quince Orchard Road property, requested that the City consider development amendments to the affordable housing ordinance later on the agenda, to add two provisions; 1) width of the MPDU and 2) side-by-side townhouses. The client does understand that the public hearing record is closed.

City Attorney Board reiterated that the record did closed. Stated that if inclined to make amendments, staff did have recommendations that could be discussed during the upcoming policy discussion.

There were no other speakers from the public.

7. From Mayor And City Council

Laurie-Anne Sayles-

1. Mentioned the cancellation of District 17 Night in Annapolis.

2. Attended the opening of Herbology.

3. Attended with colleagues, the Economic Development Breakfast. Stated that the guest speaker discussed the retail market analysis and retail redevelopment of Kentlands.

4. Moderated a Ready to Run Panel, which encourages young women to run for office.

5. Attended an open house for the Bus Rapid Transit (BRT) system project at Gaithersburg High School.

6. Reported on the Latvian journalist that visited Gaithersburg.

7. Joined the Metropolitan Washington Council of Governments’ (MWCOG) Chesapeake Bay Policy Committee, a work group that tracks and reviews legislation being proposed that could impact water resources, stormwater management, wastewater treatment, and water infrastructure.

8. Thanked the Department of Public Works for treating the roadways before the recent snow and ice storm.

9. Announced the Coffee with a Cop event scheduled for Thursday morning at Target in the RIO Washingtonian Center.

Neil Harris-

1. Announced that a closed meeting was held at City Hall by the Mayor and City Council on Monday, January 22, 2018, at approximately 9:35 p.m., pursuant to a motion adopted unanimously. The meeting was proposed to be closed pursuant to the General Provisions Article of the Annotated Code of Maryland, Sections 3-305(b)(3) to consider the acquisition of real property for a public purpose and matters directly related thereto; and (7) to consult with counsel to obtain legal advice. The topic discussed was a potential school site. Present at the meeting were Mayor Ashman, Council Members Harris, Sayles, Sesma, Spiegel, and Wu. City staff present were City Manager Tomasello, City Attorney Board, Deputy City Manager Enslinger, Assistant City Attorney Johnson, Planning and Code Administration Director Schlichting, Parks, Recreation and Culture Director Potter, Planning Division Chief Schwarz and Board of Education members James Song and Pete Geiling (both left at 10:15 p.m.). Upon conclusion of the discussion, the closed meeting was adjourned at approximately 10:20 p.m.

2. Participated in the Latvian journalist interviews.

3. Spoke on the win for the Philadelphia Eagles at the Super Bowl. Stated that this was their first Super Bowl win.

4. Attended the ribbon cutting for Warhammer in Kentlands.

5. Participated in a discussion at the Transportation Committee meeting regarding the no u- turn on Route 28 near Quince Orchard High School. Mentioned that the Maryland Transportation Authority has responded with a later stating that the issue needs to be addressed.

6. Announced that the MOCO Show has visuals on their website of the new movie theater in Kentlands.

7. Extended congratulations to three Montgomery County residents who are members of the Philadelphia Eagles.

8. Reported that the stock market did not fare well. Stated that the interest rates will go up, stocks will go down, and 401Ks will be impacted.

Ryan Spiegel-

1. Advocated for the Maryland Municipal League’s (MML) #1 priority which is the full restoration of Highway User Revenue funds (HURs). Stated that without these funds, roads and pending infrastructure projects of local municipalities around the state with be negatively impacted. A MML Public Service Announcement was shared. Urged citizens to contact their Maryland State Legislators using the hashtag #FixLocalRoads to promote the importance of this issue. Hearings have been scheduled with the first being February 14 in Annapolis, Maryland. Asked residents to show up.

Michael Sesma-

1. Echoed the importance of providing your voice to legislators.

2. Participated in the Latvian journalist interviews.

3. Thanked the Quince Orchard High School Cougars Football Team and congratulated them on an awesome season.

4. Mentioned the passing of John Small, who was a resident of Gaithersburg for 53 years, volunteered and assisted with residents being displaced, and advocated and served the residents of Gaithersburg. Extended condolences to the family.

Mayor Jud Ashman-

1. Attended the Maryland Mayors Association Winter Conference in Annapolis, which provided an opportunity to exchange information about current legislation including HURs. Mentioned that there were a lot of discussions surrounding the City’s regulations on small cell facilities. Requested that staff share the recently adopted regulations.

2. Mentioned the non-profit Friends of Wells/Robertson House and their upcoming Spring Fling event to raise funds for the transitional house.

3. Announced that the Mayor and City Council will conduct a joint work session with the Board of Supervisors of Elections on Monday, January 12, 2018, 7:30 p.m., at City Hall for the 2017 Elections Debrief.

4. Announced that the next regular session of the Mayor and City Council is scheduled for Tuesday, February 20, 2018, 7:30 p.m., at City Hall.

8. Closed Executive Session

A. Closed Executive Session Announcement

Motion was made to conduct a closed executive session immediately following tonight's regular session pursuant to the General Provisions Article of the Annotated Code of Maryland, 3-305(b)(4) to consider a matter that concerns the proposal for a business or industrial organization to locate, expand, or remain in the State; and (7) to consult with counsel to obtain legal advice. The topic to discuss was a redevelopment proposal.

Result: Passed [Unanimous]

Mover: Ryan Spiegel, Council Vice President

Seconder: Neil Harris, Council Member

For: Ryan Spiegel, Neil Harris, Laurie-Anne Sayles, Michael Sesma

Absent: Robert Wu

9. From City Manager

Tony Tomasello-

1. Announced that the FY19 projections will need to be adjusted due to a decrease in revenue. Stated that staff will keep the Mayor and City Council updated.

10. Economic Development Update

Thomas Lonergan-

1. Reported that JLL Mid-Atlantic Capital Markets has been exclusively retained to market the sale of 700 North Frederick Avenue, the Lockheed Martin Leidos site. The company is moving their headquarters to Reston Town Center in Virginia.

2. Reported that disappointing drug test results, Novavax has negotiated a multi-million dollar termination for its leased space at 1201 Clopper Road. Announced that the space has been backfilled in full with Lentigen Corporation. Mentioned that Lentigen was one of the first Toolbox grant recipients in 2011 and that staff is happy to see them growing.

Council Vice President Spiegel questioned the news of Cisco acquiring BroadSoft. Staff stated that there is currently no impact, but will monitor and provide updates.

11. Policy Discussions

A. An Ordinance to Amend Chapter 24 (City Zoning Ordinance), Article XVI, Entitled, “Affordable Housing Requirements,” Section 24-250, Entitled, “Definitions,” Section 24-251, Entitled, “Applicability,” Section 24-252(A), Entitled, “Requirement to Build and Sell Affordable Housing in For Sale Developments,” Section 24-253, Entitled, “Requirement to Build and Lease Affordable Housing in Rental Developments,” and Section 24-254, Entitled, “Materials, Appearance, and Distribution of Affordable Housing Units”

Community Development Chief Kauffmann presented the above for policy discussion and final action. She stated that the purpose of the subject text amendments is to modify certain sections of the City’s Affordable Housing Ordinance in Chapter 24 of the City Code:

• reduce the formula income calculation for MPDU for-sale units from 70 to 65 percent of AMI so as to make them more affordable to the target population;

• provide a new definition for high-rise rental units and include a separate calculation for those units to offset anticipated greater costs of construction;

• ensure that properties providing a range of housing types for the elderly and persons with disabilities comply with the law;

• extend the control period in new rental housing from 30 years to life of the property as rental housing and to require that properties that convert to housing also comply; and

• strengthen the language related to the type and distribution of affordable units in a new development by stipulating that MPDU and WFHUs be available in proportion to the overall unit size and type of market-rate units, that they be evenly dispersed and without approval by the City Manager, and not be side-by-side.

A joint public hearing was held on November 20, 2017 and no testimony was received. One change was made to the draft text amendment in response to concerns raised during the public hearing regarding dispersal of units. Staff conferred with the City Attorney and proposed to replace the word “generally” with “evenly” dispersed to provide more clarity on the City’s intent.

The Planning Commission recommended approval of CTAM-7748-2017 during their January 5, 2018 meeting. The Mayor and Council’s record closed at 5 p.m. on January 12, 2018. No comments had been received into the record. Staff noted that a letter dated January 29, 2018, was received from Barbara Sears, representing Rockside-700 LLC and Rockside-14 LLC, requesting that the ordinance be further amended to grandfather residential development for which an application for sketch plan, schematic development plan, preliminary plan, or site plan have been filed or approved from the requirements to provide proportionate sizes for MPDUs, WFHUs and market-rate units and to obtain City Manager’s approval for side-by-side MPDUs and WFHUs.

City Attorney Board mentioned that the waiver provision gives the City Manager discretion to waive the side-by-side townhomes. Council members questioned the existing code language and asked for clarification of definitions and applicability. Staff stated the need for affordable housing is not going to go away and it is recommended to maintain affordability and proportionality. The issue with proportionality was further discussed. There was concern expressed with the indefinite control period. Council Members suggested a change from indefinite to 99 years for the control period.

Staff was commended for implementing the Mayor and City Council's intent since 2006.

Motion was made to approve the updated draft ordinance presented by staff with an amendment to Section 24-254: add “unless otherwise approved by the City Manager” to the end of the first sentence; and a comma be added after development in the second sentence.

Result: Passed [Unanimous]

Mover: Ryan Spiegel, Council Vice President

Seconder: Neil Harris, Council Member

For: Ryan Spiegel, Neil Harris, Laurie-Anne Sayles, Michael Sesma

Absent: Robert Wu

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

City Attorney Board-

1. Mentioned the City’s motion to intervene on the PEPCO Rate Case was granted. Stated that the Public Service Commission is intending to hold two public hearings to provide residents with the opportunity to testify on the issues without having to attend the formal hearings. Staff will provide the dates of these public hearings once they are scheduled. The Commission has also requested that PEPCO respond to the recent federal tax cuts and how that will impact its need for a rate increase.

2. Reported that the Town of Ocean City, Maryland filed lawsuit against Worcester County on the tax duplication issue. Stated that staff will continue to follow this case.

Deputy City Manager Enslinger-

1. Reported that WSSC will begin a water line replacement project in the Observatory Heights neighborhood starting in the spring of 2018 and should be complete in the spring of 2019. Notification will be given to residents, but may not be sufficient.

2. Reported that the State Highway Administration released the bid for the NIST pathway. Bids are due back on February 22. Mentioned that the City has entered into an MOU with the State that the City will maintain the path once construction is complete.

13. Correspondence

A. Outside

14. Departmental Monthly Reports

A. December 2017 Departmental Monthly Reports

15. Adjournment

There being no further business, the session was adjourned at 9:43 pm

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