City of Gaithersburg City Council met April 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; Present;
Michael Sesma; Council Member; Present;
Robert Wu; Council Member; Present;
Staff present: City Manager Tomasello, City Attorney Board, Assistant City Attorney Johnson, Neighborhood Services Division Chief Roman, Economic Development Director Lonergan, Business Services Coordinator Disque, Housing and Community Development Chief Kauffmann, Senior Program Supervisor Rosati, Police Officer III Lane, and Municipal Clerk Stokes.
2. Pledge Of Allegiance
The pledge was led by Olivia Schudari.
3. Reflection
Mayor Ashman called for a moment of silence.
4. Approval Of Minutes
A. Joint Work Session held February 12, 2018
Motion was made to approve the above minutes.
Result: Approved [Unanimous]
Mover: Neil Harris, Council Member
Seconder: Robert Wu, Council Member
For: Spiegel, Harris, Sayles, Sesma, Wu
B. Regular Session held March 5, 2018
Motion was made to approve the above minutes.
Result: Approved [4 To 0]
Mover: Laurie-Anne Sayles, Council Member
Seconder: Michael Sesma, Council Member
For: Neil Harris, Laurie-Anne Sayles, Michael Sesma, Robert Wu
Abstain: Ryan Spiegel
C. Work Session held March 12, 2018
Motion was made to approve the above minutes.
Result: Approved [3 To 0]
Mover: Robert Wu, Council Member
Seconder: Neil Harris, Council Member
For: Ryan Spiegel, Neil Harris, Robert Wu
Abstain: Laurie-Anne Sayles, Michael Sesma
5. Appointments
A. Resolution of the City Council Confirming an Appointment and a Reappointment Made by the Mayor to the Animal Control Board and Police Advisory Committee
This resolution confirmed the City Council appointment and reappointment made by the Mayor to the Animal Control Board, Angela Kemerer, 12980 Brandenburg Hollow Road, Myersville, Maryland 21773, three-year term and the Police Advisory Committee, Diane Cabness, 8 Melvin Street, #4026, Gaithersburg, Maryland 20877, two-year term.
Motion was made to approve the above resolution.
Result: Passed [Unanimous]
Mover: Michael Sesma, Council Member
Seconder: Neil Harris, Council Member
For: Spiegel, Harris, Sayles, Sesma, Wu
6. Presentations
A. Proclamation of the Mayor and City Council Designating April 8 through April 15, 2018 as "Days of Remembrance" in the City of Gaithersburg
Mayor Ashman issued a proclamation designating April 8 through April 15, 2018 as "Days of Remembrance" in the City of Gaithersburg. The United States Congress established the Days of Remembrance as the nation’s annual commemoration of the Holocaust and created the United States Holocaust Memorial Museum as a permanent living memorial to the victims. This year, Holocaust Remembrance Day, also known as Yom Hashoah, is Thursday, April 12, 2018. The City of Gaithersburg joins with the United States Congress and the United States Holocaust Memorial Museum in observing the annual Days of Remembrance in our community and urged citizens to promote human dignity and confront hate whenever and wherever it occurs. The proclamation was accepted by Rabbi Jacob Blumenthal, Shaare Torah, and Howard Smiga, Gaithersburg resident and son of Holocaust survivors. Mr. Smiga shared the horrific experience of his parents and their siblings march to a death camp, separation and the liberation of a few family members.
B. Proclamation of the Mayor and City Council Designating April 2018 as "Arab American Heritage Month" in the City of Gaithersburg
Mayor Ashman issued a proclamation designating April 2018 as "Arab American Heritage Month" in the City of Gaithersburg. This recognition provides an opportunity to reflect and learn about the many achievements in science, education, engineering, politics and the arts of our Arab American neighbors. The Arab world is culturally rich and diverse; encompassing 22 countries, three monotheistic world religions, divergent political loyalties, as well as differences of locality, region and kinship. Arab Americans have been part of American society since the American Revolution and have played prominent roles in government, business and industry, education, culture, the arts and public affairs. On April 14, 2018, the City of Gaithersburg’s Multicultural Affairs Committee will host a celebration of our many cultures with an event at Lakeforest Mall called DiverseCity Showcase. Arab American culture will be one of the groups celebrated showcasing some of their music, dance and fashion. Members of the Multicultural Affairs Committee joined the Mayor for the recognition. The proclamation was accepted by Dr. Ahmed Kilani, President of Clongen Laboratories.
7. Public Comments
Speakers from the public:
1. Matt McHugh, 414 Belle Grove Road, spoke on the proposed school site near Kelley Park. Requested that another location be considered due to increased traffic, pedestrian safety concerns and loss of public spaces. Mayor Ashman reported that the Board of Education did vote to approve the Superintendents recommendation and will approach staff in the future.
2. Mark Ryba, Montgomery County Agricultural Fair President, requested that the City not ban wild animals due to the education and engaging of the community. Stated that there are regulations in place to protect the integrity of such travelling wild animal exhibits. Expressed opposition to the proposed changes to Chapter 4 of the City Code.
3. Kate Dylewsky, Animal Welfare Institute, supports banning wild animals due to public safety and shared incidents of animals escaping throughout the United States.
4. Nancy Blaney, Animal Welfare Institute, expressed support to introduce an ordinance to ban wild animals and stated she is opposed to the use of wild and exotic animals in circuses and travelling exhibitions.
5. Caitlyn Gardiner, 2017 Montgomery County Agricultural Fair Princess, opposed to introducing an ordinance banning wild animals due to educational opportunities and expressed support in protecting animals and the public from any danger.
6. Ashley Hobbs, resident of Poolesville and member of 4-H, stated that she has raised sheep her entire life. Animal welfare is important to the organization. Enjoyed the experience and benefits of 4-H.
7. Carol Sutton, 10 Oaks Mews, worked at Forest Oak Middle School, stated that as a Character Counts City, asked elected officials to vote to ban wild animal acts for performance purposes in the City.
8. Nicole Paquette, Humane Society of the United States Vice President of Wildlife Protection, stated that life in traveling animal shows is nothing but misery for the animals. Suggested that any proposed ordinance should address public and animal safety threats. Stated this would not impact the 4-H organization.
9. Kimberley Intino, Montgomery Village resident and animal welfare professional for the Humane Society, not opposed to 4-H animals, but wild exotic animals that suffer in humane conditions.
10. John Moyer, Gaithersburg resident, expressed support in banning wild animal acts in Gaithersburg and stated the abused is obvious.
11. Loraine Miscavage, Gaithersburg resident, urged elected officials to introduce an ordinance to ban traveling wild animal acts in Gaithersburg due to public concern and animal safety.
12. Bernard (inaudible), Gaithersburg resident, supports education about animals but questioned if a lesson or experience with wild animals is worth it.
13. John Hadidian, Villa Ridge resident, recapitulated two points about wild animals and the requirements of their natural environment. Asked that elected officials introduce an ordinance to deny the display of such acts.
14. Richard Kimble, member of Montgomery County 4-H, learned responsibility, accountability, and many life values with the training and care of animals.
15. Lori Dove, resident of Montgomery County, stated that children have participated in 4-H and received education about various wild animals. Mentioned that some of these animals have been rescued and protected. Urged the City Council to be careful when defining wild animals.
16. Jason Wesley, Washingtonian Woods resident, stated that what is being proposed is against traveling wild animals that are used for public amusement. Expressed opposition to exotic traveling wild animals.
17. Pam Plaisted, Gaithersburg resident, mentioned that the Mayor and City Council participate in the Fair parade annually and her daughter participated in 4-H. Expressed concern with the proposed ordinance, stated that Montgomery County Agricultural Fair is invaluable. Applauded the 4-H organization on educating the public.
18. Sarah Dove, Montgomery County resident and member of 4-H, recognized animal abuse but questioned banning animals that have been rescued. Expressed support for the animal education.
19. Chris Holbein, Gaithersburg resident, reiterated that this measure will not impact 4-H. Stated that the proposed ordinance will protect the cruelty of travelling wild animal acts. Expressed opposition to exotic animal acts.
20. Jay Udovich, Montgomery County resident, stated he went to the Fair throughout his childhood and now his children enjoy visiting the animal exhibits. Opposed to the cruelty to animals which is not being done at the Montgomery County Agricultural Fair. Asked that the ordinance pin point said animals. Stated the Fair and education of animals are valuable.
21. Patrick O’Hanlon, Montgomery County resident and Junior Board of Directors member, stated that virtual education of animals is great but the personal touch of animals for children and the blind is valuable. The Fair provides opportunities for education of animals. Urged the City to work with the Fair Board on the ban of such animals.
22. Kathryn George, Montgomery County resident, questioned the proposed ordinance to ban specific animals and the meat sold in area supermarkets. Expressed opposition to proposing an ordinance and requested that the law not be so exclusive.
23. Lonnie Luther, Damascus resident and farmer with wild life on his farm, expressed concern with the Montgomery County Bill, the Humane Society and the impact on farmers.
24. Marty Svrcek, Montgomery County Fair Board, expressed concern with a proposed ordinance banning specific wild animals and the impact on the Montgomery County Agricultural Fair. Made the point that there are sufficient laws in place to protect animals and the safety of citizens. Stated there is education and revenue in showing events annually.
25. Barb Riba, educator in Montgomery County, stated children love to read and be educated about animals. Stated the personal touch is invaluable, offering an authentic education.
26. Rachel Hyman, Kentlands resident, asked that the proposed ordinance be specific on the types of animals. Stated the 4-H animals are not a part of what is being proposed, but the exotic animals should be banned.
27. Dana (inaudible), Germantown resident, asked that the City be specific about what is being considered. Stated it is important to protect animal welfare, but asked that the Fair not impact domestic animals. Urged the City to work with the Fair Board.
28. Larry Raskin, Woodbine resident, stated he has volunteered for years at the Fair and is involved with 4-H and the Park Service. Cautioned the City on what is being considered to ban.
There were no other speakers from the public.
Mayor Ashman expressed gratitude for the many speakers and their involvement in the public process.
8. From Mayor And City Council
Michael Sesma-
1. Announced that as part of a regional exercise, the City of Gaithersburg will be testing its Wireless Emergency Alert (WEA) system on Thursday, April 5 between 10 and 11 a.m. Cell phones and mobile devices located in our jurisdiction will receive a test message accompanied by a loud noise that reads: “This is a test of the Montgomery County Wireless Emergency Alerts System. No action required.” Gaithersburg is one of 20 jurisdictions in the region participating in this exercise. About 5 million people will be involved. Because we are all testing simultaneously, you may receive messages from multiple jurisdictions as WEA uses carrier towers to distribute the messages. Additional information about the test may be found on the City’s website, with a link to a post-test survey if you’d like to provide feedback.
2. Wished everyone happy holidays.
3. Attended the Employee Appreciated Luncheon and congratulated Gilma Climaco, who received the Employee of the Year award, and Phone System Implantation Team, who received Team of the Year award.
4. Reported that representatives from Gondar, Ethiopia visited Gaithersburg to discuss and share challenges.
Robert Wu-
1. No report.
Ryan Spiegel-
1. Wished everyone happy holidays.
2. Mentioned the proclamations issued earlier in the evening and the diversity of Gaithersburg. Thanked the recipients for sharing their stories.
3. Announced that the Montgomery County Council hearing on regulations for Small Cell Facilities is scheduled for April 3, 2018, 7:30 p.m., at the County Council Office Building in Rockville.
4. Mentioned his advocacy on the Maryland Municipal League. He reported that the Highway User Revenue bill will be restored to 80 - 85% of full restoration.
5. Thanked the public for their input on the possible proposed animal ordinance.
Neil Harris-
1. Recognized the efforts of Council Member Spiegel on the Maryland Municipal League.
2. Provided a shout out to his wife on 12 years of marriage.
3. Mentioned several meetings held recently with development agencies to discuss Lakeforest Mall.
Laurie-Anne Sayles-
1. Announced that the Mayor and City Council plan to conduct a Council in the Communities meeting on Wednesday, April 4, 2018, 7 p.m. at Gaithersburg High School, 101 Education Boulevard, Gaithersburg, Maryland. The meeting is being held for the following: Apartments: Amber Commons, Chelsea Park, Diamond Acres, Diamond House, Rosedale, Summit Hall; Condominiums: Brighton East I, II, III, Cedar Village, Fireside, Lilac Gardens; Neighborhoods: Brighton East, Browns Addition, Deer Park Place, DeSellum Ave, Foxwood, Gateway Commons, Observatory Heights, Rosemont, Summit Hall Reserve, Water Street. Please contact Neighborhood Services Division Chief Kevin Roman at 240-805-1042 for more information.
2. Participated in the discussion with the delegation from Gondar, Ethiopia.
3. Announced that the Gaithersburg High School (GHS) Education Foundation will host a family breakfast and 5K on April 21. For more information, visit the GHS website.
4. Attended the Emory Grove United Methodist Church’s annual Good Friday Fish Fry.
5. Attend the recent Senior Advisory Committee meeting and mentioned the Active Aging Expo scheduled for May 7, 9-2 p.m., at Bohrer Park at Summit Hall Farm.
6. Attended the Leadership for Montgomery’s Racial Equity Retreat.
7. Announced that Gaithersburg is celebrating its 140th birthday. Celebrations will be held on Thursday, April 5 at six City facilities.
Jud Ashman-
1. Announced that the Mayor and City Council will participate in an off-site work session on Monday, April 9, 2018, 6:30 p.m. at Manna Food Center, 9311 Gaither Road, Gaithersburg, Maryland, to receive a presentation by the Gaithersburg Coalition of Providers and Contracted Grantees.
2. Announced that the Gaithersburg Book Festival is scheduled for Saturday, May 19, 10 – 6 p.m. on the grounds of City Hall.
9. From City Manager
Tony Tomasello-
1. Mentioned the proposed school site at Kelley Park by Montgomery County Public Schools. Reported that the Board of Education has endorsed the site but the City has not taken an official position. Staff will meet with representatives and will report back with progress made and seek guidance on determining the City’s position.
10. Economic Development Update
Thomas Lonergan-
1. Announced that the Corridor Collaborative will be hosting a happy hour for life sciences companies in Frederick and Montgomery Counties on April 17, 5 - 7 p.m., at Montgomery College’s Bioscience Education Center in Germantown, Maryland. The event will provide an opportunity to strengthen relationships within the region and to connect with others who may be attending the 2018 BIO International Convention. Extended an invitation to Mayor and City Council.
2. Reported that Governor Hogan, Senators Ben Cardin and Chris Van Hollen, and business leaders from across the State will attend the 2018 Maryland Technology Transfer Summit on April 20, 8 a.m. – 2:30 p.m., on the NIST campus. The event is designed to put policy makers, industry leaders, innovators, and technology managers from leading universities and research institutes together with biotech and pharmaceutical licensing and business development executives, venture capitalists, and serial entrepreneurs for interactive sessions.
For more information on either event, contact Economic Development Director Lonergan.
11. Ordinances / Resolutions / Regulations
A. Resolution of the Mayor and City Council Authorizing the City Manager to Submit an Application to the Maryland Department of Commerce Relating to Designation of Areas Within and Surrounding the Olde Towne Central Business District as a State of Maryland Enterprise Zone
This resolution authorized the City Manager to submit an application to the Maryland Department of Commerce relating to designation of areas within and surrounding the Olde Towne Central Business District as a State of Maryland Enterprise Zone. The Maryland Enterprise Zone Program, a local economic development program established by the Maryland General Assembly, provides State and local tax and fee incentives to eligible businesses within the designated zone. Incentives include real property tax credits, income tax credits, enhanced job creation tax credits, and certain development related fee waivers.
The City’s existing zone, the Olde Towne Enterprise Zone was established in 2008 and expires on June 14, 2018. Staff noted that the City is applying to re-designate the Enterprise Zone for another 10 year period with amended boundaries to include the Lakeforest Mall and the Burlington Coat Factory sites. A public hearing was held on Monday, March 19, 2018 and the Mayor and City Council’s record closed at 5 p.m. on Wednesday, March 28, 2018.
Motion was made to approve the above resolution.
Result: Passed [Unanimous]
Mover: Neil Harris, Council Member
Seconder: Michael Sesma, Council Member
For: Spiegel, Harris, Sayles, Sesma, Wu
12. Staff Guidance
A. Moderately Priced Dwelling Unit (MPDU) Waivers in the Olde Towne Enterprise Zone
Economic Development Director Lonergan, Business Services Coordinator Disque and Community & Housing Division Chief Kauffmann presented the above item for staff guidance on MPDU waivers in the Olde Towne Enterprise Zone and reconsider revisions of the $1 per unit fee named in Regulation Reg-01-09 that has been in place for the last ten years. Per Section 24-255 of the City Code and Regulation Reg-01-09 and Resolution No. R-68-10, residential developments within the original Olde Towne Enterprise Zone are not required to set-aside 15% of a project’s living units as Moderately Priced Dwelling Units (MPDUs). Rather, developers were required to pay a $1 per unit fee for each dwelling unit into the City’s Affordable Housing Fund. Both Archstone Apartments (389 market rate units) and the Fishman site, 315 East Diamond Avenue (109 market rate units are currently proposed). That fee is currently set at $1 per unit, an amount that is subject to annual review by the Mayor and City Council. The exemption was intended to stimulate development of new residential units within the core of Gaithersburg’s Olde Towne, and does not include areas later added to the original Enterprise Zone, as determined in 2008. Staff added that there was a general consensus of the Mayor and City Council, as well as staff, that the $1/unit fee is too low. Economic Development staff has been modeling different ways of raising said fee, without discouraging future residential development.
It was proposed that developers be charged a payment in lieu on eligible projects (only those instances when the MPDU requirement is waived). The fee would be equivalent to 5.25% of the relevant County impact fees (Schools and Transportation; based upon housing type). The fee would also apply to the total number of units in the project. Staff presented the benefits of the proposed fee formula. Developers would receive the County's waiver of impact fees and greater revenue, since all units would be market rate. The City would benefit from a simple formula, tied to the County's impact fees and increase the City's Housing Initiative Fund (HIF). Staff recommended that the MPDU exemption be limited to properties within the boundaries of the original Enterprise Zone designated in 2008. It was noted that any residential development in said areas would be required to abide by the City's affordable housing requirements.
It was stated that the City supports replenishing aging development with market rate units. Staff was commended for the analysis, the initiative and the housing opportunities it would create in Olde Towne.
B. Proposed Ordinance to Amend Chapter 4 of the City Code, Entitled, “Animals and Fowl,” Article I, Entitled, “In General,” Section 4-1, Entitled, “Definitions,” and Article IV, Entitled, “Prohibited Animals,” Section 4-101, Entitled, “Prohibited Conduct”
Neighborhood Services Division Chief Roman presented the above agenda item for staff guidance on whether the City should regulate wild animals by amending Chapter 4 of the City Code, Entitled “Animals and Fowl” as being applicable and enforceable within the City limits. Mr. Roman stated that the proposed amendments would prohibit a person or business from financially benefiting from the use of certain wild animals in an exhibit, display or a performance in which the animals are required to perform tricks, give rides or act an as an accompaniment for the entertainment or amusement of another. The purpose and intent of the amendments would be to protect wild animals from unnatural behaviors, unnecessary stress, and conditions that are often insufficient for the required health and well-being of the animal.
In early 2017, the Humane Society of the United States (HSUS) began lobbying Montgomery County Council to adopt legislation prohibiting the exhibition of wild animals for profit. In May 2017, HSUS requested the City enact similar legislation to address the prohibited animal acts within the incorporated City limits. On December 12, 2017, the County Council for Montgomery County, Maryland approved Bill No. 23-17 which amends language to Chapter 5, Entitled “Animal Control - Regulations”, Sections 5-101, 5-102, 5-201, 5-202, and 5-204 to address the prohibition of the exhibition of wild animals in a traveling animal acts, authorize the Animal Control Division to enforce the prohibition, and update the provisions concerning animal cruelty. This Bill provides definitions, outlines prohibited acts, exemptions and enforcement of the Bill within the County. This Bill went into effect on March 19, 2018, but is not applicable in the City of Gaithersburg.
Mr. Roman stated that the City's proposed amendments would define performance animals. The definition includes, but is not limited to elephants, lions, bears, kangaroos, wolves, monkeys, seals, alligators, etc. Animals that would not be impacted by the proposed ordinance due to exemptions would include: domestic cats, dogs, cattle, swine, sheep, goats, lamas, alpacas, horses, ponies, donkeys and mules. Additionally, the ordinance would define the terms exhibit and display.
The Mayor and City Council expressed concerns, had several questions, and made statements. It was questioned whether the City’s proposed amendments was warranted related to wild and exotic animals given the action taken by the Federal, State, County lawmakers. The City forming an ad hoc committee was proposed to determine whether an ordinance is needed and to provide recommended language for such ordinance. It was stated that compromise on both sides is needed, if the City were to move forward with introducing a proposed ordinance. Several Council Members agreed that the training and transporting of some animals at the Fair is not humane, noting that there has been no reports of the Fair mistreating animals. Many Council Members were not comfortable with allowing certain wild animals in the City and asked that the proposed ordinance apply to specific animals transported to the area.
There were questions about what the City was trying to address with said proposed ordinance. Support was expressed for educating the public with rescued animals. It was stated the decision to move forward with a formal process and introduce an ordinance should be based on sound values and facts. Acknowledged was given that times have changed regarding traveling wild animal acts. Stated the proposed ordinance should not impact domestic animal activities at the Montgomery County Agricultural Fairgrounds. Staff was directed to draft the proposed ordinance with modified language ensuring that it is well defined and does not include domesticated animals. Several Council Members were not in favor of forming an ad hoc committee, but going through a public hearing process, if the City were to move forward. City Attorney Board suggested the in lieu of an ad hoc committee, staff will draft a narrower ordinance and reach out to stakeholders on both sides to discuss and provide input on the introduction of said proposed ordinance.
Written and oral testimony related to the proposed ordinance and the potential loss of revenue was mentioned. City Manager Tomasello added that there seems to be two aspects, the inhumane treatment of animals and the economic impact on the fairgrounds. He questioned the amount determined by fair representatives. Several agreed that it is the responsibility of the fairgrounds, not staff, to provide an economic case and make such argument.
The public was thanked for their involvement and for providing input on this matter. Staff was asked to include comments and written testimony in the public record, if a proposed ordinance was introduced. No official vote was taken to introduce an ordinance at this time.
13. From City Attorney / Deputy City Manager / Other Staff
No report from staff.
14. Correspondence
A. Staff
B. Outside
15. Adjournment
There being no further business, the session was adjourned at 10:28 pm
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