Montgomery News

City of Gaithersburg City Council met June 18.

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, Deputy City Manager Enslinger, City Attorney Board, Assistant City Attorney Johnson, Planning and Code Administration Director Schlichting, Public Works Director Johnson, Economic and Business Development Director Lonergan, Community Services Division Manager Herndon, Police Officer III Lane, and Municipal Clerk Stokes.

2. Pledge Of Allegiance

The pledge was led by Charlene Matson, City resident.

3. Reflection

Mayor Ashman called for a moment of silence in remembrance of former mayor of the City of Rockville Phyllis Marcuccio, passed away on June 5, 2018. Among her many accomplishments, Phyllis served two terms on the Rockville City Council (2005-2009) and two terms as the mayor of Rockville (2009-2013).

4. Approval Of Minutes

A. Regular Session held May 21, 2018

Motion was made to approve the above minutes with minor amendments.

Result: Approved As Amended [Unanimous]

Mover: Neil Harris, Council Member

Seconder: Ryan Spiegel, Council Vice President

For: Spiegel, Harris, Sayles, Sesma, Wu

5. Appointments

A. Resolution of the City Council Confirming Reappointments Made by the Mayor to the Planning Commission

This resolution confirmed the following reappointments: Planning Commission, Danielle Winborne, 137 Apple Blossom Way, Gaithersburg, Maryland 20878 and Matthew Hopkins, 106 Fairgrove Terrace, Gaithersburg, Maryland 20877, five-year terms (expiring June 2023).

Motion was made to approve the above resolution.

Result: Passed [Unanimous]

Mover: Ryan Spiegel, Council Vice President

Seconder: Neil Harris, Council Member

For: Spiegel, Harris, Sayles, Sesma, Wu

6. Public Comments

1. Beth Junium, Saybrooke resident, requested that the City consider the layout outlined in her handout for the proposed Montgomery County Public School at Kelley Park.

2. Monica Hozada, East Deer Park resident, questioned the progress in revitalizing Olde Towne Gaithersburg. The Mayor and City Council responded with a united front on the work that has been done and funds spent. She also questioned the extension of sidewalks throughout Olde Towne.

3. Jennifer Jackson, East Deer Park resident, mentioned the dark awnings and loitering in OIde Towne Gaithersburg. Asked what is being done about enforcement. Stated that Montgomery County just passed an ordinance on home sharing including Airbnbs. Questioned whether the City would be passing anything to regulate that industry. Staff stated that discussions had been held in the past as the City had no jurisdiction until recently.

There were no other speakers from the public.

7. From Mayor And City Council

Michael Sesma-

1. Attended with his colleagues, the Maryland Municipal League (MML) Summer Conference in Ocean City, Maryland. Noted the election of Council Vice President Spiegel to serve as MML President-Elect (one-year term) and offered congratulations. Mentioned attending several sessions including topics on the upcoming census, building multicultural organizations, and body worn camera records retention.

2. Attended the iFly grand opening and encouraged residents to visit the business.

3. Mentioned the upcoming City employee retirements.

4. Attended with colleagues the Kentlands Under the Lights event.

5. Announced the upcoming concert on the Kentlands Mansion lawn scheduled for June 23.

6. Wished everyone a happy summer.

Ryan Spiegel-

1. Thanked Council Member Sesma for his comments above and his colleagues for their help and involvement with MML, which assisted him in being elected to serve as President-Elect. Special thanks to Mayor Ashman for his assistance in campaigning for the position.

2. Attended the iFly grand opening.

3. Attended the Gaithersburg-Germantown Chamber of Commerce Networking Picnic.

4. Congratulated the Washington Capitals on their Stanley Cup Championship win.

5. Wished everyone a happy belated Father’s Day.

6. Apologized for being unable to attend the upcoming Council in the Communities meeting in his neighborhood scheduled for June 27.

Robert Wu-

1. Announced the Council in the Communities meeting scheduled for June 27, 7 p.m., at Lakelands Park Middle School. The meeting is being held for Area 5 residents in and around Darnestown Road, Fields Road, Great Seneca Highway, and Muddy Branch Road.

Neil Harris-

1. Attended the Leadership Montgomery Graduation Ceremony.

2. Urged citizens to vote and reminded the public of early voting available at various sites throughout the County for the Primary Elections.

3. Attended the One Main Street Initiative meeting, a group seeking to coordinate the various businesses in the Kentlands to revitalize the area.

4. Reminded everyone to stay hydrated in the heat.

Laurie-Anne Sayles-

1. Thanked the speakers for their involvement.

2. Attended a Ramadan gathering with several County Council Candidates in Kentlands. Stated that the County Executive lead the community Iftar event at the County Council building.

3. Attended the District 17 Candidate Forum. Echoed the importance of voting and urged citizens to make their vote count.

4. Attended the Leadership Montgomery Graduation Ceremony.

5. Mentioned that the Montgomery County Housing Alliance held a County Executive Forum.

6. Attended the North Potomac Community Senior Center Coffee and Conversation meeting.

7. Announced that June is World Oceans Month and Men’s Health Month.

8. Attended her first MML Conference and is looking forward to completing the courses for the Academy of Excellence program.

9. Wished everyone a happy belated Father’s Day.

Mayor Ashman-

1. Expressed kudos to those involved with the Kentlands Under the Lights event.

2. Attended with Council Member Sayles, a farewell dinner honoring former Gaithersburg High School Principal Dr. Christine Handy.

3. Attended with Council Member Sesma, the Flag Day Ceremony.

4. Congratulated everyone involved with recent events.

5. Announced that the Mayor and City Council will not conduct a work session on Monday, June 25.

6. Announced that the next regular session of the Mayor and City Council is scheduled for Monday, July 2, 7:30 p.m. at City Hall.

8. Closed Executive Session

A. Closed Executive Session Announcement

Mayor Ashman requested the following motion:

Motion was made for the Mayor and City Council of the City of Gaithersburg to conduct a closed executive session on Monday, June 18, 2018, immediately following the scheduled session pursuant to the General Provisions Article of the Annotated Code of Maryland, Section 3-305(b)(1)(i) the appointment, employment, assignment, promotion, discipline, demotion, compensation, removal, resignation or performance evaluation of appointees, employees, or officials over whom it has jurisdiction. The topic to discuss is a personnel matter to conduct the City Manager’s annual performance evaluation.

Result: Passed [Unanimous]

Mover: Neil Harris, Council Member

Seconder: Michael Sesma, Council Member

For: Spiegel, Harris, Sayles, Sesma, Wu

9. From City Manager

Tony Tomasello

1. Attended a preliminary meeting with Asbury Atlantic, parent company of Asbury Methodist Village, who are interested in refinancing some of their bonds issued through the City. Stated that more information will be forthcoming.

10. Economic Development Update

Thomas Lonergan

1. Attended the annual Biotechnology Conference in Boston, Massachusetts. Stated that the City co-sponsored a booth with Rockville within Maryland’s pavilion. Commended the State of Maryland for their presence at the conference, which was the largest of the represented 48 states.

2. BioMed Realty Trust recently sold some of their Gaithersburg assets to Alexandria Real Estate, which was a $40 million acquisition.

11. Ordinances / Resolutions / Regulations

A. Resolution of the Mayor and City Council Authorizing the City Manager to Enter into a Contract for Street Light Maintenance and Repair

The resolution authorized the City Manager to enter into a contract for Street Light Maintenance and Repair with Lighting Maintenance Inc., 832 Oregon Avenue, Suite A, Linthicum, Maryland 21090, in an amount not to exceed Three Hundred Forty Thousand Five Hundred Dollars ($340,500); said funds to be expended from both the Operating Budget and the Capital Improvements Budget as follows: One Hundred Fifty-Three Thousand Dollars ($153,000) from the Operating Budget and One Hundred Eighty-Seven Thousand Five Hundred Dollars ($187,500) from the Capital Improvements Budget.

Motion was made to approve the above resolution.

Result: Passed [Unanimous]

Mover: Laurie-Anne Sayles, Council Member

Seconder: Michael Sesma, Council Member

For: Spiegel, Harris, Sayles, Sesma, Wu

B. Resolution of the Mayor and City Council Authorizing the City Manager to Enter into Contracts for the RFP 2018-002 Engineering Services for Capital Improvement Infrastructure Projects (CIIP)

Council Vice President Spiegel recused himself from any discussion and voting due to a conflict.

This resolution authorized the City Manager to enter into contracts with the following firms below to replace Whitman, Requardt & Associates, LLP, for a one (1) year initial contract term: 1) EBA Engineering Inc., 6100 Chevy Chase Drive, Suite 200, Laurel, Maryland 20707 (Category B Structures Design and Inspection); 2) A. Morton Thomas and Associates Inc., 800 King Farm Boulevard, 4th Floor, Rockville, Maryland 20850 (Category D-3 Road Code, Standard Details, Specifications and Guidelines Development); and 3) Rummel, Klepper & Kahl, LLP, 700 East Pratt Street, 5th Floor, Baltimore, Maryland 21202 (Category D-5 Site Engineering Service). The contracts will be subject to two (2) consecutive one (1) year renewals based upon approval by the parties to the contract and by the Mayor and City Council of Gaithersburg.

Motion was made to approve the above resolution.

Result: Passed [4 To 0]

Mover: Robert Wu, Council Member

Seconder: Michael Sesma, Council Member

For: Neil Harris, Laurie-Anne Sayles, Michael Sesma, Robert Wu

Recused: Ryan Spiegel

C. Resolution of the Mayor and City Council Authorizing the City Manager to Enter into Contracts with Nonprofit Agencies for the City of Gaithersburg Nonprofit Community Service Grants

This resolution authorized the City Manager to execute nonprofit grant contracts in accordance with the recommendation of the Community Advisory Committee for the Scope of Services portion of the Contract, said funds to be expended from the Operating Budget effective July 1, 2018. The Community Advisory Committee recommends a total FY19 funding allocation of $744,000; the following grant recommendations, totaling $542,759, are at a threshold that requires a Resolution by the Mayor and City Council:

• Housing Preservation and Transportation Assistance - $189,900 – Housing Initiative Partnership, 6525 Belcrest Road, Suite 555, Hyattsville, MD 20782

• Health and Mental Health Assistance - Adults - $124,950 - Mobile Medical Care Inc., 9309 Old Georgetown Road, Bethesda, MD 20814

• Mental Health Assistance for Youth - $122,670 - Family Services Inc. 610 E. Diamond Ave., Suite 100, Gaithersburg, MD 20877

• Vocational Coaching - $105,239 - Interfaith Works, 114 West Montgomery Avenue, Rockville, MD 20850

Motion was made to approve the above resolution.

Result: Passed [Unanimous]

Mover: Ryan Spiegel, Council Vice President

Seconder: Robert Wu, Council Member

For: Spiegel, Harris, Sayles, Sesma, Wu

D. Resolution of the Mayor and City Council to Authorizing the City Manager to Execute a Fourth Amendment to Annexation Agreement (X-159) for Washingtonian North Associates, LLC

City Attorney Board was joined by Housing & Community Development Chief Kauffmann to present the above for consideration of amendments to the annexation. Ms. Board stated that it has been a yearlong effort and staff from various departments has been involved with getting the annexation to this point. The City annexed approximately 237 acres of land into its corporate boundaries in 1991 (X-159) and entered into an Annexation Agreement with a number of property owners, including Washingtonian Investors Limited Partnership, Bechtel Investments Inc., Marriott and others, for development of the annexed lands. The property has been developed with Washingtonian Rio and, more recently, Lifetime Fitness and Camden Living Apartments.

Owners of the remaining undeveloped portion of the annexed property, which includes approximately 8.5 acres, are seeking to amend the Annexation Agreement to convert the use of the property from office use into a senior housing project. The senior housing project is proposed for a maximum of 330 units to include a mix of independent living, assisted living, memory care and skilled nursing units to be developed in one phase. The maximum height of these facilities is proposed to be 80 feet.

On June 5, 2017, the City Council authorized the City Manager to negotiate an amendment to the Annexation Agreement with Washingtonian North (R-36-17) and the potential developer of the property, and staff has negotiated the Fourth Amendment to Annexation Agreement. As several of the provisions of the amendment have been modified since negotiations, a memorandum dated June 5, 2018 from the City Attorney was provided to the Mayor and City Council summarizing the modifications. On November 20, 2017, the City Council adopted Ordinance No. O-12-17, Sec. 24-1, updating the definition of housing for the elderly to include independent living, assisted living, memory care and skilled nursing units and Sec. 24- 160D.3, deleted housing for the elderly as a special exception. Subsequently, on February 5, 2018, the City Council adopted Ordinance No. O-1-18 which among other provisions, amended Sec. 24-251 of the Affordable Housing Article of Chapter 24 of the City Code to include housing for the elderly, as those types of units must comply with the affordable housing requirements.

Staff noted that with a vote to amend the Annexation Agreement, the proposed Sketch Plan would also be approved. The applicant has revised the Plan so that the project will be constructed in one phase versus two, implementing percentage ranges on the specified uses, and adding skilled nursing (0-10%) to the proposed independent living (50-70%), assisted living (20-30%) and memory care uses (5-15%). In addition, the proposed use of property would change the unit caps. Fifteen percent of each type of unit will be set aside for affordable housing as MPDUs. The development of the formula to make the skilled nursing units affordable has been deferred to the Schematic Development Plan (SDP) process. Staff has requested a condition be included, that the formula would need to be negotiated and agreed to prior to the approval of the SDP, as well as the affordable housing plan as a condition and approved at the SDP stage.

In addition, through the negotiation process, the applicant has agreed to make a contribution of $50,000 to the City’s Benjamin Gaither Center, and for a period of five (5) years provide staff to teach a memory care class at the Center, pay the membership fee for its residents, provide transportation to and from the Center, and promote the Centers activities to its residents.

The City Council questioned the skilled nursing use and expressed concern with the proposed use, MPDU Pricing Model and the tier options and income ranges. Several members were in agreement that office buildings for said location are more desirable and asked that office space in the area be preserved. Council Member Sesma stated the housing for the elderly is not right for said location and not feasible, expressed opposition to the change in use.

Scott Wallace, Linowes and Blocher, introduced Doug Cooper, SHA Capital Investments, stated the above is a unique project and addressed the tiers and annual income questions. The applicant thanked staff for doing a fantastic job with negotiations.

Motion was made to approve the above resolution.

Result: Passed [4 To 1]

Mover: Neil Harris, Council Member

Seconder: Ryan Spiegel, Council Vice President

For: Ryan Spiegel, Neil Harris, Laurie-Anne Sayles, Robert Wu

Against: Michael Sesma

E. Introduction of Resolutions Amending Sections 27, 29 and 29A of the City Charter, Entitled, “Qualifications of Voters; Registration,” “Filing for Elected Office,” and “Write-In Candidates,” Respectively

City Attorney Board consolidated the next three agenda items E, F, and G. Each agenda item would require a separate motion should the City Council choose to introduce. As a follow-up to the 2017 City Elections and in preparation for the 2019 Election, the Board of Supervisors of Elections (BOSE) held a Joint Work Session with the Mayor and City Council on February 12, 2018 to discuss updates to the City Charter and Code to improve the Election process. During said session, amendments were presented to amend the City Charter, Code, and adopt Regulations.

The BOSE met on April 25, 2018 to further review and discuss proposing election related amendments to the City Charter and Code. The goal of the amendments was reviewed which consist of:

1. extending the election cycle (allows for more campaign activities and information to the public, including debates and extends the period for availability of absentee ballots)

2. add recount provisions

3. implement same-day voter registration

4. clarify existing provisions of the Code (deletes “slates” and adds regulations of “joint campaign activities” and the cleanup of Code provisions)

5. clarify enforcement of rules (changes “Guidelines” to Regulations)

On May 21, 2018, staff returned to the Mayor and City Council and sought further guidance on slates/joint campaign activities.

City Attorney Board reviewed the proposed three amendments to the Charter that have been recommended by the BOSE as follows:

• Sec. 27. Qualification of voters; registration - proposed revisions would allow for same day voter registration during early voting and on election day.

• Sec. 29. Filing for elected office – amendments would require an original petition from candidates and extend the election cycle from 45 days to 75 days.

• Sec. 29A. Write-in candidates – revision would correct site to Sec. 15 of the City Charter

The following BOSE recommended amendments to the City Code were reviewed and questions were answered:

• Sec. 6C-1 – amending definitions of independent expenditure and political committee

• Sec. 6C-1.1 – making section gender neutral

• Sec. 6C-2 – amending notification of certification of candidate requirements

• Sec. 6C-3.05 – amending notification of certification of candidate requirements

• Sec. 6C-3.1 – amending poll watcher ID and adding enforcement of campaign regulations

• Sec. 6C-3.2 – adding campaign regulations

• Sec. 6C-3.8 – adding campaign regulations and correcting section reference

• Sec. 6C-5 – amending campaign finance report due dates

• Sec. 6C-6 – deleting reference to slates

• Sec. 6C-7 – amending campaign finance report due dates

• Sec. 6C-8 – deleting reference to slates

• Sec. 6C-9 – amending campaign finance report due dates

• Sec. 6C-10 – modifying penalty for failure to file campaign finance report

• Sec. 6C-13 – adding person

• Sec. 6C- 16 – adding clarifying language

• Sec. 6C-18.1 – updating reference to the Maryland Annotated Code and City Code

• Sec. 6C-21 – extending the period for absentee ballots from 30 days to 60 days

• Sec. 6C-22 – clarifying the due date for absentee ballots

• Sec. 6C-23 – making section gender neutral

• Sec. 6C-24 – clarifying documentation of receipt of absentee ballot applications

• Sec. 6C-25 – providing that first absentee ballot, if more than 1 is received, will be counted

• Sec. 6C-27 – making section gender neutral

• Sec. 6C-28 – providing that poll watchers must be at least 18 and a registered voter

• Sec. 6C-29 – amending requirements for poll watcher identification

• Sec. 6C-30 – clarifying poll watcher language and correcting Code reference

• Sec. 6C-30.1 – updating provisions for voter assistance

• Sec. 6C-30.2 – adding new provisions for a recount of ballots

• Sec. 6C-31 – making gender neutral, correcting Code reference and qualified voter language

As part of that process, the BOSE has also recommended changing the Campaign Guidelines to Regulations approved by the Mayor and City Council. The proposed Regulations largely follow the prior Campaign Guidelines, but update sections on campaign materials and debates and add new provisions for joint campaign activities.

If introduced, staff recommended scheduling public hearings for July 16, 2018 for the above three consolidated agenda items.

Motion was made to introduce the above charter amendments as recommended by staff to Sections 27, 29 and 29A with one change to amend Section 33 of the Charter; change the amount of time to certify election results from 48 hours to 7 days.

Result: Passed [Unanimous]

Mover: Ryan Spiegel, Council Vice President

Seconder: Neil Harris, Council Member

For: Spiegel, Harris, Sayles, Sesma, Wu

F. Introduction of an Ordinance to Amend Chapter 6C of the City Code, Entitled “Elections”

Motion was made to introduce the above ordinance amending Chapter 6C, as recommended by staff.

Result: Failed

Mover: Ryan Spiegel, Council Vice President

Seconder: Robert Wu, Council Member

For: Ryan Spiegel, Robert Wu

No Vote: Neil Harris, Laurie-Anne Sayles, Michael Sesma

Motion was made to amend the above motion, adding that absentee ballots be postmarked on election day, and be received no later than five (5) days after the polls close.

Result: Passed [3 To 2]

Mover: Michael Sesma, Council Member

Seconder: Robert Wu, Council Member

For: Laurie-Anne Sayles, Michael Sesma, Robert Wu

Against: Ryan Spiegel, Neil Harris

Motion was made to introduce the ordinance as amended.

Result: Passed [4 To 1]

Mover: Ryan Spiegel, Council Vice President

Seconder: Robert Wu, Council Member

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

Against: Laurie-Anne Sayles

G. Introduction of a Resolution Adopting Amendments to Regulations for City of Gaithersburg Elections as Provided by Chapter 2 of the City Code Entitled “Administration”

Motion was made to introduce the resolution to adopt amendments to the regulations as provided by Chapter 2 of the City Code.

Result: Passed [Unanimous]

Mover: Michael Sesma, Council Member

Seconder: Neil Harris, Council Member

For: Spiegel, Harris, Sayles, Sesma, Wu

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

City Attorney Board

1. Recognized Assistant City Attorney Frank Johnson for his participation during the Maryland Municipal League Summer Conference. He facilitated classes on the Open Meetings Act and records retention; both received positive feedback.

13. Correspondence

A. Staff

B. Outside

14. Departmental Monthly Reports

A. April 2018

15. Adjournment

There being no further business, the session was adjourned at 10:03 pm

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