ROCKVILLE PLANNING COMMISSION FINDS NO COMPELLING NEED TO CHANGE APFS SCHOOL STANDARDS

The Rockville Planning Commission voted unanimously last night to oppose proposed changes in the city's Adequate Public Facilities Ordinance regarding school capacity standards. Some on the city council are in favor of replacing the current school standards with those used by Montgomery County. The changes would include averaging school populations over a cluster, rather than measuring overcrowding at each individual school, as the current Rockville standard does.

Commission Chair Don Hadley reiterated his previous remarks that the recent legal opinion handed down by Maryland Attorney General Doug Gansler suggests the Mayor and Council lack the authority to change the APFS school standards. Hadley said they and the commission "need to find out what the rules of the road are," before changing the standards. Commissioner John Tyner said the recommendations of the city's APFO Committee a couple of years back - to implement no changes to the Rockville school standards - were forwarded by the Planning Commission to the Mayor and Council. "My opinion has not changed on that," he added.

There was a sense among some commissioners that something fishy is going on, and that the proposed changes are being pushed behind the scenes for an unstated purpose. "I'm fearful something non-transparent is going on that should be made transparent," Commissioner David Hill said. Commissioner Jack Leiderman said the demand for changes is certainly not coming from the city's residents. "Whenever there has been a proposal to weaken the APFO, this room has been filled to capacity" with citizens opposing the change, Leiderman noted. He said the January 5 date for the APFO public hearing - during holiday vacations - appeared to have been "frankly, chosen to minimize" public input.

Hill said he welcomed a "vibrant public debate" on school standards, but agreed that January 5 was not particularly conducive to having one. He reiterated Tyner's point that the commission had already spoken to the school matter by forwarding the committee report to the Mayor and Council. "I am not ready to change" school standards, Hill said. He said other jurisdictions in the state have used Rockville's 2005 APFO standards as a model, and therefore, the authority issue is very appropriate for Gansler to address at this juncture. Commissioner Anne Goodman concurred that the city should get a legal opinion from Gansler before acting on the APFS. "We have a legal uncertainty," Hadley said. "It leaves us in a very tenuous position."

Leiderman suggested the commission go on the public record regarding the controversial January 5 public hearing, and send a formal letter to the Mayor and Council. Hill said he agreed "it's the Planning Commission's place to make a recommendation."

Hill prepared language for a commission resolution that would reiterate the body's support of the 2012 APFO committee recommendations. He said they should emphasize to the Mayor and Council that those recommendations were "the product of a citizen committee that spent many hours" studying the complex issues related to adequate public facilities. Leiderman argued the commission should add one element missing from the committee recommendations, namely, to affirm that 110% of capacity is the maximum allowable in a particular school. He also said that passing the proposed changes would not be a mere alteration of regulations, but a de facto repeal of the APFO - an act that would require a text amendment. Leiderman warned that the county has even considered raising its weaker standard to a higher level of acceptable overcrowding - which would leave Rockville's schools well over the 120% county standard.

Ultimately, the commissioners came to a unanimous recommendation that the Mayor and Council should not change school standards at this time. 

Meanwhile, former mayor Larry Giammo posted a second article on his blog regarding the APFO controversy. Giammo was mayor when the city passed the original ordinance, which several commissioners argued last night is clearly working to prevent further school overcrowding. This latest post is devoted to debunking the stated rationales for loosening school standards in Rockville.

IN FINAL HOURS OF ROCKVILLE ELECTION, APFO REMAINS HOTTEST ISSUE

Fallout from a recent dust-up over Rockville's Adequate Public Facilities Ordinance (APFO) continues in the final hours of the 2013 Mayor and Council election.

An attempt to weaken the ordinance, which requires sufficient city infrastructure - schools and classroom space, fire and rescue resources, etc. - before development can proceed, drew a crowd of outraged residents to a contentious Public Hearing 35 days before the election. Now the disagreement over the future of the APFO standards has become the central issue in the city election.

As candidates visit homes and meet with voters across Rockville, two members of a committee that considered changes to the APFO in 2011 are urging voters to support the candidates they say will keep the current, higher APFO standards in place.

Tom Gibney, who served on the city's APFO Review Committee, says the award of an APFO waiver to the Silverwood development was a dangerous mistake, and strongly criticizes mayoral candidate Mark Pierzchala for his deciding vote on that matter, in a letter to the Gazette.

Gibney cites his committee's own review of the Silverwood case in his letter. The data that predicts 75-95% of residents will drive south on Route 355 in the morning suggests a dangerous situation for drivers and pedestrians in that area.

He says all of the Silverwood vehicles will have to use the sole means of egress from the apartment complex - a driveway onto 355. The problem, Gibney writes, is that - in order to reach the southbound lanes of 355, drivers will have to first dash across 3 of the highway's northbound lanes. Then, they will have to make a U-turn via a brief signal at Ridgemont Avenue. Gibney warns that this could result in "accidents and fatalities."

If Silverwood is an example of the "smart growth" Pierzchala and the Team Rockville slate are promising, Gibney concludes, "he does not deserve to be Mayor."

Gibney says he is supporting Bridget Newton for mayor, because she opposed the waiver for Silverwood as a councilmember.

A second member of the APFO Review Committee, Sean Hart, is also speaking out. In an email circulating on community listservs, and obtained by Rockville Nights, Hart expresses concern that some Rockville candidates "want to remove key components of the APFO," to permit far more development and growth in the city than is currently allowed. "Rockville is severely over capacity for schools, and as we all know, driving around town can be very slow," notes Hart.

Hart writes that his own analysis of the data while serving on the APFO committee suggests that working closely with the state and county to ensure needed infrastructure gets funded and built would be a better approach than weakening the APFO.

To foster that approach, he urges his fellow citizens to only vote for the 3 candidates who have been outspoken in their support of maintaining the current APFO standards: Newton for mayor, and Don Hadley and Claire Marcuccio Whitaker for city council.

"It is my belief that voting for [those] 3 (and only [those] 3) candidates for Mayor and Council will help us continue to take an appropriate approach to growth in the city," Hart concludes. Voting for only 3 candidates on the ballot, rather than the maximum possible 5 (1 mayoral+4 council seats), is allowed when voting in Rockville.

There are now less than 24 hours before city residents begin voting.