Mayor and Council Meeting, 11/16/2009

CITY OF GAITHERSBURG
MINUTES OF A REGULAR CITY COUNCIL MEETING
NOVEMBER 16, 2009

A meeting of the Mayor and City Council was called to order at 7:30 p.m., Mayor Katz presiding.  Council Members present: Ashman, Drzyzgula, Marraffa and Spiegel.  Absent:  Sesma.  Staff present: City Manager Jones, Assistant City Manager Tomasello, Planning and Code Administration Director Ossont, Finance and Administration Director Belton, Parks, Recreation and Culture Director Potter, Community Planning Director Schwarz, Planner Marsh, Public Works Director Arnoult, Capital Projects and Facilities Director Geiling, Community Services Director Carr, Intergovernmental Affairs Sanchez, City Attorney and Municipal Clerk Stokes.

I. PLEDGE OF ALLEGIANCE

The Pledge was led by Kyle E. Pett, Ridgeview Middle School, Gaithersburg, Maryland.

In lieu of an invocation, Mayor Katz called for a moment of silence.

Motion was made by Council Member Ashman, seconded by, Council Member Spiegel, that the minutes of the Mayor and Council regular meeting held September 21, 2009, be approved.

Vote:    4-0

Resolution of the Mayor and City Council Authorizing the City Manager to Enter into a Contract to Provide Snow Removal Services for the City of Gaithersburg

This resolution authorized the City Manager to enter into a contract for the above service with C&C Custom Lawncare, P.O. Box 510, Mount Airy, Maryland 21771, in an amount not to exceed Ninety Thousand Dollars ($90,000); said funds to be expended from the Operating Budget.

Motion was made by Council Member Marraffa, seconded by, Council Member Drzyzgula, that the consent agenda (Resolution Nos. R-79-09), be approved.

Vote:    4-0

Resolution Confirming Appointments

This resolution confirmed the following appointments: Economic and Business Development Committee, Nathaniel Centeno (Lakeforest Mall), 701 Russell Avenue, Gaithersburg, Maryland 20877, three-year term and the Police Chief’s Advisory Committee, David Chung, 402 Curry Ford Lane, Gaithersburg, Maryland 20878, two-year term.

Motion was made by Council Member Drzyzgula, seconded by, Council Member Spiegel, that a RESOLUTION OF THE CITY COUNCIL CONFIRMING APPOINTMENTS BY THE MAYOR TO THE ECONOMIC AND BUSINESS DEVELOPMENT COMMITTEE AND THE POLICE CHIEF’S ADVISORY COMMITTEE (Resolution No. R-80-09), be approved.

Vote:    4-0

1. 2009 Third Quarter Employee Recognition Awards
   
   Mayor Katz joined by City Manager Jones congratulated the winners of the Employee Recognition Award for the Third Quarter of 2009, July 1, 2009 – September 30, 2009.  The following award winners were nominated by their peers and final selections were made by the Employee Recognition Committee which is comprised of employees from each City Department:
   
   Nancy Patino (Receptionist, Police), nominated for a quarterly award for her exceptional performance as a Receptionist for the City of Gaithersburg’s Police Department.
   
   Alex Wright (Maintenance Worker II, Park Maintenance/Public Works), nominated for a quarterly award for his exceptional performance maintaining the City of Gaithersburg’s Athletic Fields.
   
   
2. Proclamations Issued
   
   
   • Designating November 2009, as “National American Indian and Alaska Native Heritage Month” in the City of Gaithersburg.  Proclamation accepted by Keith Colston, Executive Director for the Maryland Commission on Indian Affairs, Nivea Cordova-Berrios and Linda Plummer, Co-Chairs of the City’s Multicultural Affairs Committee.
     
     
   • Designating November 2009, as “Municipal Government Works Month” in the City of Gaithersburg.  Proclamation accepted by City Council Members and City Manager Jones.
     
     
3. Reading of the Winning Essays from the City’s National CHARACTER COUNTS! Week Adult Heroes in Our Community Writing Contest
   
   Partnered with the Gaithersburg Rotary Club, the City of Gaithersburg recognized the winning essays of the Adult Heroes in Our Community writing contest which was part of the National CHARACTER COUNTS! (CC!) Week activities.  This year’s winners from Gaithersburg Elementary School, Thurgood Marshall Elementary School, and Washington Grove Elementary School and are as follows:
   
   
1. Sharon Hui – Hero, 4th Grade Teacher, Ms. Knight
2. Kevin Merrell – Hero, Father
3. Carrie Pett – Hero, Ballet Teacher Solange Meetze
4. Gisselle Romero – Hero, Mother
5. Heaven Jane Sabijon – Hero, Mother

1. Dr. Christine Handy-Collins, Principal at Gaithersburg High School, reported that on October 22, 2009, City leaders served as mentors for the day and allowed Gaithersburg High School students to shadow them.  The leaders were recognized and thanked for the opportunity.  City Manager Jones and others received the GEM Award for going the extra mile.
   
   
2. JoAnn Schimke, 734 Tiffany Court, President of West Riding HOA, recognized and expressed thanks to the Public Works leaf collectors, Police Officer Lane, and Council Member Marraffa for their outstanding service.

Council Member Ashman

1. Announced the magical 14th Annual 2009 Gaithersburg Winter Lights festival, 3.5 mile drive through beautiful Seneca Creek State Park, December 4 – January 2.  Proceeds benefit local charities.
   
   
2. Urged citizens to subscribe to Alert Gaithersburg, the City’s emergency notification system.
   
   
3. Commended staff for the Veteran’s Day ceremony and thanked those that participated.
   
   
4. He and Council Member Spiegel joined Mayor Katz who testified before the Board of Education in support of the Gaithersburg school clusters.
   
   
5. Encouraged the community to come out and support the Quince Orchard High School Football Cougars.  The team won last Friday and will move on to face Linganore High School in the regional championship.
   
   
6. Mentioned the City’s 15th Annual Holiday Giving Program to assist needy families during the holidays.  Information on the program and to make a donation, visit the City’s website at www.gaithersburgmd.gov.

Council Member Spiegel

1. Echoed congrats to the employee recognition award recipients.  Recognized staff in honor of Municipal Government Week for providing the various services to the residents.
   
   
2. Missed the celebration for American Indian and Alaska Native Heritage Month due to work obligations, but offered congratulations.
   
   
3. Echoed thanks to staff for the Veteran’s Day ceremony and stated the testimony from Mayor Katz before the Board of Education was successful for the City of Gaithersburg.
   
   
4. Wished a Happy Thanksgiving to the community.
   
   
5. Congratulated the above winners of the essay contest and recognized the heroes and educators.
   
   
6. Announced the Jingle Jubilee event on Saturday, December 5th at the City Hall Concert Pavilion.  On December 12th, the Gaithersburg Community Chorus will present their annual holiday concert at Watkins Mill High School.

Council Member Marraffa

1. Stated he missed several events due to his attendance at the National League of Cities Conference in San Antonio, Texas.  Reported that the Council plan to do more testifying in 2010 on various issues that affects cities.  Attended an Economic Development group seminar on smart growth and reported that guidelines are being developed for cities across the country.  In addition, attended a seminar for cities to do a self assessment test on themselves.
   
   
2. Suggested a post election critique to improve the election process.  City Attorney Board reported that a work session is scheduled for December.  Feedback from the BOSE is expected.
   
   
3. Thanked Mrs. Schimke for her kind words offered earlier in the meeting.

Council Member Drzyzgula

1. Announced vacancies on various Boards, Commissions and Committees.  Suggested that the announcement reflect that those interesting in serving can also email the City.
   
   
2. Represented the City at the Maryland Municipal League’s Fall meeting at Rock Gap Resort in October.  Attended sessions on ethics and employment issues and finished the requirements for the Academy for Excellence in Local Government.  Also attended a presentation on municipal finances and the limited means for raising revenue.  The effective presentation will be repeated at the Montgomery County dinner and suggested videotaping.
   
   
3. Attended sessions discussed at the National League of Cities Conference were on public sector pensions, local food initiatives, and bringing investors to overlooked markets.
   
   
4. Reported that the Environmental Affairs Committee is reviewing the Water Resources Element of the City’s Master Plan.  The state requires that the City update its Plan every six years.  Announced that a public hearing will be held on December 7 to receive public comment.
   
   
5. Shared a personal story and related to the economic situation and encouraged citizens to participate over the next two years and offer their view points and ideas with the City.

Mayor Katz

1. He and Assistant City Manager Tomasello attend the grand opening of NexGen Cyber Innovation and Technology Center, a new facility of Lockheed Martin that will address the worldwide cyber security challenges.
   
   
2. Requested the following:
   
   

   Motion was made by Council Member Marraffa, seconded by Council Member Spiegel, that the Mayor and City Council of Gaithersburg conduct a closed Executive Session immediately following its regularly scheduled meeting on Monday, November 16, 2009, pursuant to the State Government Article of the Annotated Code of Maryland, Section 10-508(a)(1)(i) to discuss the appointment, employment, assignment, promotion, discipline, demotion, compensation, removal, resignation, or performance evaluation of appointees, employees, or officials over whom it has jurisdiction.

   Vote:  4-0

3. Announced the following:
   
   
   • Monday, November 23, 2009, work session to discuss an Economic Development Initiative, Proposal for Bio-Technology Acceleration Partnership.  Session to be held off-site at 21 Firstfield Road, Gaithersburg, Maryland.
     
     
   • City facilities closed Thursday, November 26 and Friday, November 27, 2009 due to the Thanksgiving holiday.
     
     
   • no work session, Monday, November 30, 2009.
     
     
   • next regular meeting Monday, December 7, 2009.
     
     
   • work session schedule for Monday, January 25, 2010, to discuss parking requirements

IX. ORDINANCES, RESOLUTIONS, AND REGULATIONS

1. Resolution for the Extension of a Joint Procurement Contract for Electricity with PEPCO Energy Services
   
   This resolution authorized the City Manager to execute a contract for the supply of electricity with the Pepco Energy Services on a Nunc pro Tunc basis; said funds to be expended from the Operating Budget.  A future discussion was suggested regarding the process of the Council approving something already in place.
   
   

   Motion was made by Council Member Drzyzgula, seconded by, Council Member Marraffa, that a RESOLUTION OF THE MAYOR AND CITY COUNCIL AUTHORIZING THE CITY MANAGER, ON A NUNC PRO TUNC BASIS, TO PARTICIPATE WITH MONTGOMERY COUNTY FOR THE EXTENSION OF A JOINT PROCUREMENT CONTRACT FOR ELECTRICITY WITH PEPCO ENERGY SERVICES (Resolution No. R-81-09), be approved.
   
   Vote:          4-0

2. Resolution for the Gaithersburg Activity Center Entrance Improvements Project
   
   This resolution authorized the City Manager to enter into a contract for construction services for the Gaithersburg Activity Center Entrance Improvements Project  with Santosh, Inc. 5111 Berwyn Road, Suite # 208 College Park, Maryland 20740, in the estimated amount of Ninety-Two Thousand Two Hundred Sixteen Dollars ($92,216), plus an additional Eighteen Thousand Four Hundred Forty-Three Dollars ($18,443) contingency for a total of One Hundred Ten Thousand Six Hundred Fifty-Nine Dollars ($110,659); said funds to be expended from the Capital Improvements Budget.
   
   

   Motion was made by Council Member Marraffa, seconded by, Council Member Ashman, that a RESOLUTION OF THE MAYOR AND CITY COUNCIL AUTHORIZING THE CITY MANAGER TO ENTER INTO A CONTRACT FOR CONSTRUCTION SERVICES FOR THE GAITHERSBURG ACTIVITY CENTER ENTRANCE IMPROVEMENTS PROJECT (Resolution No. R-82-09), be approved.
   
   Vote:  4-0

3. Resolution for the Gaithersburg Hillside Pavilion Project
   
   This resolution authorized the City Manager to enter into a contract for construction services for the Gaithersburg Hillside Pavilion Project with Fort Myer Corporation, 2237 33rd Street, NE, Washington, D.C.  in the estimated amount of One Hundred Forty Eight Thousand One Hundred Eighteen Dollars ($148,118), plus an additional Fifteen Thousand Dollars ($15,000) contingency for unanticipated expenses; said funds to be expended from the Capital Improvements Budget.
   
   

   Motion was made by Council Member Ashman, seconded by, Council Member Drzyzgula, that a RESOLUTION OF THE MAYOR AND CITY COUNCIL AUTHORIZING THE CITY MANAGER TO ENTER INTO A CONTRACT FOR CONSTRUCTION SERVICES FOR THE GAITHERSBURG HILLSIDE PAVILION PROJECT (Resolution No. R- 83-09), be approved.
   
   Vote: 4-0

4. Resolution for the Public Work Facility Water Penetration Repair Project, Phase II
   
   This resolution authorized the City Manager to extend the contract for construction services for the Public Works Water Penetration Repair Project with Standard Restoration & Waterproofing Company, Inc, 4749-A Clifton Road, Temple Hills, Maryland 20748, in the estimated amount of One Hundred Fifty Thousand Three Hundred Dollars ($151,300), with a Thirty Thousand Two Hundred Sixty Dollars ($30,260), construction contingency for a total of One Hundred Eighty-One Thousand Two Hundred Dollars ($181,560); said funds to be expended from the Capital Improvements Budget.
   
   

   Motion was made by Council Member Marraffa, seconded by, Council Member Spiegel, that a RESOLUTION OF THE MAYOR AND CITY COUNCIL AUTHORIZING THE CITY MANAGER TO EXTEND THE CONTRACT FOR THE PUBLIC WORK FACILITY WATER PENETRATION REPAIR PROJECT, PHASE II (Resolution No. R-84-09), be approved.
   
   Vote:  4-0

5. Introduction of an Ordinance to Repeal and Reenact With Amendments to Chapter 17, Section 17-9 of the City Code, Entitled “Filing An Appeal”
   
   The recent amendments to the City’s Personnel Ordinance, Chapter 17, of the City Code included department heads and assistant city managers hired or appointed prior to June 30, 2009 among the employees who had the right to appeal suspensions, demotions or terminations to the Personnel Board.  Generally these types of positions are classified as unclassified employees that are not granted appeal rights.  A review of Charter and Code provisions from Annapolis, Frederick, Hagerstown and Rockville shows that none of these jurisdictions gives department heads or assistant city managers (or equivalent positions) the right to appeal disciplinary actions to a personnel board.  The rationale for not granting appeal rights to employees in types of high-ranking positions is that retainer of individuals in these positions after disciplinary action is taken by the city manager or chief executive officer has the impact of severely undermining that individual’s authority.  Also, as these positions are non-classified, there is not an expectation that individuals in these positions would have traditional merit employee appeal rights.  Staff is seeking to schedule a public hearing and final action, if applicable on December 7, 2009.
   
   

   Motion was made by Council Member Ashman, seconded by, Council Member Drzyzgula, that AN ORDINANCE TO REPEAL AND REENACT WITH AMENDMENTS TO CHAPTER 17, SECTION 17-9 OF THE CITY CODE, ENTITLED “FILING AN APPEAL”, be introduced.
   
   Vote:   4-0

MAYOR KATZ RECESSED THE MAYOR AND COUNCIL MEETING AT 8:40 P.M.
FOR A HISTORIC DISTRICT COMMISSION MEETING.  THE MAYOR AND
COUNCIL MEETING RECONVENED AT 8:44 P.M.

X. PUBLIC HEARING

Authorize the Issuance and Sale of Economic Development Revenue Bonds of the City of Gaithersburg for Asbury Atlantic, Inc., (formally known as Asbury Methodist Village Inc. and Asbury-Solomons, Inc.)

On October 26, 2009, Asbury Atlantic, Inc (formally known as Asbury Methodist Village, Inc. and Asbury-Solomons, Inc.) (“Asbury”) formally requested that the City of Gaithersburg, in accordance with the Maryland Economic Development Revenue Bond Act, Maryland Annotated Code (1957), Article 41, Sections 14-101 through 14-109, issue and sell bonds as its limited obligations and not upon its full faith and credit or pledge of its taxing power, and to loan the proceeds of the sale of such bonds to Asbury.  The transaction would involve conduit debt only.  The City of Gaithersburg incurs no liability as a result of transaction, and Asbury fully indemnifies the City for the life of the bonds.

The City previously issued bonds for Asbury Methodist Village, Inc. in 1990, 1993, 1997, 2004 and 2006 to finance its continuing care retirement facility in the City.   The present bond issue is sought in order to refinance series 2006B and 2006C bonds and to fund the construction of forty-three (43) low density residential units to be located on the City of Gaithersburg campus.  The above hearing was advertised in the Gaithersburg Gazette on October 28, 2009.  Mayor Katz added that the City could issue the bonds at no expense the citizens of Gaithersburg.

Speakers from the public:

• William Root, resident of Asbury, expressed opposition to the proposed bonds stating certain requirements of the Department of Aging and IRS have not been met.
• Cheryl O’Donnell Guth, McGuire Woods, LLP, Bond Counsel to the City of Gaithersburg, addressed Mr. Root’s concerns.  She stated that all requirements are followed and satisfied.  She added that all the new bonds will be tax exempt and will follow IRS requirements for approval.
  
  
• Peggy Kaplan, Chief Legal Officer for Asbury, spoke on the requirements by the Department of Aging, stated that the Dept. has found Asbury in compliance and approved moving forwarding with the financing.  She added that the interest on the five year bonds is at six percent.
• Michael Connell, Chief Financial Officer for Asbury, stated the Series A Bonds will be a short term construction loan to build the courtyard homes at Asbury to be paid back within five years at a six percent rate.  The other bonds, depending on market conditions, are estimated to be at the 5.75 to 6 percent range.
  
  
• Matt McCullop, Diamond Residents’ Council at Asbury, actively involved with various Asbury Village functions and in favor of the proposed bonds.  Stated that Asbury Management is doing a good job for its residents and trust that they will handle all financial affairs. 

There were no other speakers.

Motion was made by Council Member Marraffa, seconded by Council Member Drzyzgula, that the Mayor and City Council close the record on the above.

          Vote:   4-0

XI. POLICY DISCUSSION AND STAFF GUIDANCE

1. Resolution of the Mayor and City Council Authorizing the Issuance and Sale of Economic Development Revenue Bonds of the City of Gaithersburg for Asbury Atlantic, Inc., (formally known as Asbury Methodist Village, Inc. and Asbury-Solomons, Inc.)
   
   

   Motion was made by Council Member Marraffa, seconded by, Council Member Ashman, that a RESOLUTION OF THE MAYOR AND CITY COUNCIL AUTHORIZING THE ISSUANCE AND SALE OF ECONOMIC DEVELOPMENT REVENUE BONDS OF THE CITY OF GAITHERSBURG FOR ASBURY ATLANTIC, INC., (FORMALLY KNOWN AS ASBURY METHODIST VILLAGE, INC. AND ASBURY-SOLOMONS, INC.) (Resolution No. R-85-09), be approved.
   
   Vote:  4-0

2. Staff Guidance, City’s State Legislative Priorities for the 2010 Legislative Session
   
   Intergovernmental Affairs Coordinator Sanchez stated that the City adopts a legislative agenda each year for staff to pursue.  Based on guidance and input from the Mayor and City Council, staff recommended the following priorities for the 2010 Legislative Session:
   
   
1. Protecting municipal revenue sources;
2. Police overtime (traffic citations);
3. Website advertising rather than newspaper;
4. Renewal of Heritage Tax Credit; and
5. Diminution Credits

Transportation priorities, staff is recommending that the City continue to advocate for the Watkins Mill Road Interchange and the Corridor Cities Transitway.

3. Consolidated Discussion

• Z-307(A) - An Ordinance of the Mayor and Council of the City of Gaithersburg Granting Approval to Amend Sketch Plan Z-307, Previously Approved as Part of Application Z-307 for Reclassification to the MXD (Mixed Use Development) Zone, Containing 6.58 Acres of Land, Known as Parcels 1 and 2, The Summit, Plat 13724, Located at 559 Girard Street, in Accordance With § 24-196, Map Amendments, § 24-160d.11, Procedures for Amendment, and § 24-198(c) of the City Code
  
  
• SDP-09-003 - Resolution of the Mayor and City Council of Gaithersburg Granting Approval of Schematic Development Plan SDP-09-002, Known as Residences at Hidden Creek, for Approximately 6.58 Acres of Property Zoned Mixed Use Development (MXD)
  
  

  Motion was made by Council Member Marraffa, seconded by, Council Member Ashman, that Z-307(A), the above Ordinance (Ordinance No. O-17-09), be adopted.
  
  Vote: 4-0
  
  Motion was made by Council Member Marraffa, seconded by, Council Member Spiegel, that SDP-09-003, RESOLUTION OF THE MAYOR AND CITY COUNCIL OF GAITHERSBURG GRANTING APPROVAL OF SCHEMATIC DEVELOPMENT PLAN SDP-09-002, KNOWN AS RESIDENCES AT HIDDEN CREEK, FOR APPROXIMATELY 6.58 ACRES OF PROPERTY ZONED MIXED USE DEVELOPMENT (MXD) (Resolution No. R-86-09), be approved.
  
  Vote:  4-0

4. T-393 - Ordinance to Amend Chapter 24 of the City Code (City Zoning Ordinance), Article VI, Entitled, “Administration and Enforcement of Chapter,” § 24-178, Entitled, “Use and Occupancy Permits for New, Altered, or Nonconforming Uses,” to Create New Subsections §24-178(g) Entitled “Temporary Uses;” §24-178(g)(1) Through §24-178(g)(6) so as to Allow Temporary Uses
   
   Planning and Code Administration Director Ossont stated a joint public hearing was held October 19, 2009.  On November 4, 2009, the Planning Commission was presented with a revised draft ordinance of T-393 that reflected discussion points raised during the hearing.  Several modifications referenced the Master Plan, “adjacent and abutting land,” and project development commencement which were deleted to simplify the temporary use approval procedures.  In addition, language from standards #5 and #6 were combined to create a new standard for time limitations.  At the November 4, 2009 Planning Commission meeting, no recommendation of approval or denial was made, but urged the Council to consider the following:
   
   

1. A strict time limit and maximum period on the temporary use should be used in order to avoid a “defacto” approval of a land use. The Council should consider adding language prohibiting construction from taking place that may be associated with the temporary use approval. The Commission noted that temporary uses in other jurisdictions are typically limited to 30-60 days rather than several months and years.
   
   
2. The allowance of any use in the City is a land use driven decision. It is appropriate for the Planning Commission to provide a recommendation to the Mayor and City Council in a similar manner as recommendations for zoning map amendments and text amendments.
   
   
3. The opportunity for public involvement in consideration of a temporary use is essential and should be required.
   

Additionally, the Planning Commission inquired as to whether there would be inherent conflicts between the approval of temporary uses and the requirements of Article 66B of the Maryland Annotated Code.  City Attorney Board responded that reviewing ordinances from other jurisdictions, some have specific time limits.  Staff recommended specific time limits for the approval of any temporary use.  It was suggested that temporary uses have a review and recommendation by the Planning Commission with final approval by the Mayor and City Council.  Staff was directed to ensure notification to public and signage on the property.  Concerns were expressed regarding termination of temporary uses.  Mr. Ossont stated that language had been revised to state that the length shall not exceed one year.  An additional year would be reviewed on a case-by-case basis and require another resolution for approval.  It was mentioned that building of structures on temporary uses would require a site plan review.  It was noted that the proposed ordinance does allow conditions and requirements on the resolution approval to eliminate the concerns raised. 

Motion was made by Council Member Drzyzgula, seconded by, Council Member Ashman, that T-393, AN ORDINANCE TO AMEND CHAPTER 24 OF THE CITY CODE (CITY ZONING ORDINANCE), ARTICLE VI, ENTITLED, “ADMINISTRATION AND ENFORCEMENT OF CHAPTER,” § 24-178, ENTITLED, “USE AND OCCUPANCY PERMITS FOR NEW, ALTERED, OR NONCONFORMING USES,” TO CREATE NEW SUBSECTIONS §24-178(G) ENTITLED “TEMPORARY USES;” §24-178(G)(1) THROUGH §24-178(G)(6) SO AS TO ALLOW TEMPORARY USES (Ordinance No. O-16-09), be adopted.

Vote:  4-0

XII. FROM THE ASSISTANT CITY MANAGER, CITY ATTORNEY AND OTHER STAFF

Assistant City Manager Tomasello

• Introduced Josh Bokee, Director of Government Affairs for Comcast.

Mr. Bokee gave a brief PowerPoint presentation on the Comcast Digital Transition over the next few months and years.  He stated that there will changes to their service with a roll out of additional high definition channels, increase in data/internet speeds, and a variety of service enhancements.  Customers with basic service can expect no impact.  Other customers at a higher tier will see some changes and require digital equipment.  Mention that an education campaign began in July 2009 to switch customers from analog to digital programming.  Gaithersburg customers can have boxes mailed or pick up digital conversion boxes the Comcast office on Perry Parkway/MD Route 355 in Gaithersburg or Gude Drive in Rockville.

• Commented on the opening of NexGen Cyber Innovation and Technology Center to deal with cyber security issues.  From an economic development perspective, he stated that things are going on in the City of Gaithersburg.  Staff discussed becoming more visible in the field.

City Attorney Board

• Reported that the owners of Crown Farm are in bankruptcy.  Stated that there is currently a proposal to purchase the property through the bankruptcy court.  A hearing is scheduled for December 8, 2009.  She noted that as part of the bankruptcy, the City filed a proof of claim to protect the City’s interest according to the annexation agreement.  The contract purchaser of the property is requesting that the City consent to the assignment of the annexation agreement and all of its terms and conditions to the new owners so they will be bound to exactly what the current owners are bound to.  Once the contract for purchase goes through, it is suggested that the City withdraw the claim in the bankruptcy court so that the new owner would be bound to all the terms and conditions of the annexation agreement.  City Attorney Board stated that it is in the City’s best interest to have the project move forward.  It was noted that the school site is a part of the annexation agreement and would be done.
  
  

  Motion was made by Council Member Marraffa, seconded by, Council Member Drzyzgula, authorizing City Manager Jones to sign a letter with the terms described above.
  
  Vote: 4-0

XIII. ADJOURNMENT

There being no further business to come before this session of the City Council, the meeting was duly adjourned at 9:50 p.m.