Newton launches mayoral re-election campaign in Rockville (Photos)

A standing-room-only crowd packed into the VisArts Kaplan Gallery at Rockville Town Square last night for Mayor Bridget Donnell Newton's re-election campaign kick-off event. Joining Newton were three highly-regarded past mayors who have endorsed her: Jim Coyle, Steven Van Grack, and Larry Giammo.

Rockville mayors past and
present (L-to-R):
Jim Coyle, Steven Van Grack
Bridget Donnell Newton and
Larry Giammo

Coyle said he is "confident that under Bridget's continued leadership, we can meet the city's growing needs. This is the time to elect a proven leader, and that proven leader is Bridget."

"There was a lot of political gamesmanship in this last term," Giammo said. "Through all of that, Bridget stayed focused on what mattered." It was during Giammo's time in office that the Mayor and Council passed an Adequate Public Facilities Ordinance that was far stronger than Montgomery County's. The school capacity standards under the APFO were severely weakened by a 3-2 Council vote earlier this year, an action that Newton strongly disagreed with.

Van Grack (R) listens as
Newton addresses the
crowd

In her speech last night, Newton said the APFO school standards were "gutted on June 1" in a "back room political deal that was made." The vote by outgoing Councilmember Tom Moore and current Team Rockville election slate Councilmembers Virginia Onley and Julie Palakovich Carr "eviscerated the only tool we had in our toolbox," Newton said.

With the entire city now free of any development moratorium, but classrooms still as crowded as before, Newton predicted a "Katie bar the door" wave of development ahead. "It's going to be unbelievable."

In that context, Newton argued it will be essential to ensure that Richard Montgomery Elementary School No. 5 is built to full capacity. She also called for the hiring of more city police officers, noting that the ratio of officers-to-residents is far lower than in comparably-tiny Easton, MD, which has only 16,000 residents.

Supporters listen to
Newton's speech

But Newton also decried the current political atmosphere in Rockville.

She fired back at Team Rockville's assertion that she failed to generate consensus on issues, noting that she was able to make allies on the Council despite being the only member not part of the 2013 Team Rockville slate. One of those allies, Councilmember Beryl Feinberg, was in attendance at last night's event.

Newton also disputed Team Rockville's bleak assessment of Rockville Town Center. "Rockville is doing very well," she said, noting that several restaurants and bars will be opening soon at Rockville Town Square, and that the Duball development across the street has attracted several tenants, including World of Beer and Panera Bread. A groundbreaking will be held at the Kettler development across Beall Avenue from Rockville Town Square in a few weeks, as well. The new Cambria Suites hotel "is booked solid almost every weekend," Newton reported.

Former mayors Van Grack and
Coyle chat with attendees after
the speech

On the personal side, Newton said she has "a strong distaste for the politics of today. I strongly, strongly object to the way the conversation is going in our city, in our state, and in our country." The mayor recalled a recent blog post by the campaign manager of Team Rockville that described her as "a homemaker, as though that was an insult." The post angered many of her supporters. Newton said that in 2015, people should be celebrating individuals for "the choices they make, not putting labels on them."

In addition to a wide variety of leadership and public services roles she has held, Newton said her role as a parent gave her a set of skills that comes in handy in city politics. "There is no difference between a 2-year-old having a meltdown than dealing with a councilmember having a meltdown. With one, it's age-appropriate," she added to raucous laughter from the crowd.

She urged the crowd to focus in the next 6 weeks on "who will champion what is great about this city," and said having independent voices on the council would be an advantage. To that end, she invited the independent candidates for City Council - Beryl Feinberg, Rich Gottfried, David Hill, Brigitta Mullican and Patrick Schoof - to her event.

The remaining candidates are on the Team Rockville slate: Sima Osdoby for Mayor, Onley, Palakovich Carr, Mark Pierzchala and Clark Reed.

Osdoby rumored to enter Rockville mayoral contest; new Team Rockville expected to announce tonight

Rumors have been flying since late last week that a new "Team Rockville" slate is being formed for the Mayor and Council elections November 3. Sima Osdoby has been said by several sources to be the new slate's mayoral candidate. There is no public confirmation of this yet, but The Seventh State  reported Saturday that she will indeed challenge incumbent Mayor Bridget Donnell Newton.

Speculation of a new slate picked up steam when incumbent Councilmember Virginia Onley announced that she would be making an appearance at the council campaign kickoff of former Rockville City Councilman Mark Pierzchala tonight.

Who else is rumored to be on the as-yet-unnamed slate with Osdoby, Onley and Pierzchala? Sources suggest they will be incumbent Councilmember Julie Palakovich Carr, and Rockville Environment Commission Chair Clark Reed.

Any potential slate would square off against council challengers Brigitta Mullican, Richard Gottfried, and incumbent Councilmember Beryl Feinberg.

Stay tuned.

Mayor and Council pass Rockville FY-2016 budget, add $1.2M reserves amendment

Rockville's Mayor and Council passed the budget for FY2016 last night, with no increase in property taxes, but a hike in the trash fee from $379 to $400. The general fund budget grew 4.6% to $123,418,080, but the capital budget decreased 14.1% to $63,536,662.

Councilmember Beryl Feinberg proposed an amendment to the budget, which would set aside $1.2 million from the unassigned general fund balance to pay for the Compensation and Class Study costs, which have not yet been determined.

The addition was opposed by Councilmembers Tom Moore and Julie Palakovich Carr. Moore said "there's no one of us who cares more about the employees than the other," but argued that setting a specific amount would raise expectations, and box the city in at a later date.

"I respectfully disagree," Feinberg said. She described the amendment as being "a transparency issue for our residents," to give them advance notice of a possible expense not covered in the budget being passed last night. City Budget and Finance Director Stacey Webster said the city would not be tied to a specific figure even if one was included in the budget. Feinberg said the reserves would be simply a "placeholder," not a fixed expense.

Palakovich Carr was concerned that the Mayor and Council "may be sending the wrong message," in only setting aside funds for those employees who are compensated from the general fund.

Mayor Bridget Donnell Newton said it was "incumbent upon us as stewards of this city...that we show a good faith effort" regarding employees and the budget.

The reserves amendment passed 3-2, with Moore and Palakovich Carr opposed. Ultimately, the Mayor and Council unanimously passed the FY2016 budget. The trash fee vote was unanimous, as well.

Photo courtesy City of Rockville

Frostbitten chickens, flaming coops amid concerns as Rockville backyard chickens measure is debated

The refinement of legislation that would allow backyard chickens in Rockville led the Mayor and Council through a discussion lasting over two hours Monday night. Many practical details that had not been previously considered came up, including the potential for chickens to get frostbite if future winters resemble the past one. Councilmember Julie Palakovich-Carr, who has led the effort to update the city's code regarding animals and pets, said that a properly-sized coop will utilize the body heat of chickens to protect them from winter temperatures.

Councilmember Beryl Feinberg expressed concern that heating systems could lead to fires. She cited events in other jurisdictions, where such coop fires had caused as much as $500,000 damage to homes they were in the backyards of. Feinberg felt there should be a special exception process to give neighbors a say in whether such chicken operations could be allowed next door to them. Councilmember Tom Moore strongly objected to that potential amendment, saying a resident's decision to have chickens would be no different than his ability to construct a by-right garage on his property.

Mayor Bridget Donnell Newton eventually had to postpone the debate to a future meeting, citing the late hour. Newton said the questions of neighbor notification or special exceptions, among others, were significant enough to merit further discussion. The meeting adjourned at 11:55 PM.

One interesting issue that emerged during the debate was the potential for individual HOAs to ban chickens, if enough residents opposed them, even if the provision passes.

ROCKVILLE MAYOR FLOATS AMBITIOUS IDEA TO BURY ROCKVILLE PIKE AT TOWN CENTER IN STATE OF THE CITY SPEECH

Mayor Bridget Donnell Newton delivered her State of the City Address last Thursday evening at the F. Scott Fitzgerald Theater, with the theme, Rockville: The City That Energizes. Her address touched on what's going right in Rockville, but also floated two ambitious proposals to improve the city in the future.

"The state of the city is strong," Newton proclaimed, and emphasized citizen involvement, city businesses, sound financial management, and charitable volunteerism as sources of that strength.

She said the Rockville Volunteer Fire Department will add a Pierce Arrow Pumper in a few months, and that the new Cambria Suites hotel will open in town center this spring. The latter is expected to boost tourist spending at town center businesses.

"We have a robust business community, which, in turn, supports the Rockville community," Newton said, underlining the county seat's diversity as a "multiethnic, multicultural, and multigenerational" city.

Referring to the city's strong finances, Newton noted that in FY2014, Rockville "finished with reserves in excess of 22% of next year's revenues." "We haven't raised our property tax in 7 years," she said.

She thanked the city's more than 1000 volunteers "who never seem to sleep," serving on Boards and Commissions, and at facilities and programs like the Rockville Senior Center. She reported the city's holiday drive raised $70,000 in cash, food and gift cards. In addition, Mansfield Kaseman Health Clinic served 2,096 patients last year.

Newton described Rockville's many neighborhood and civic associations as "the backbone" of the city.

In regards to economic development and jobs, the Mayor said that Rockville enjoys the "lowest unemployment rate in Maryland, just 4.4%." Referring to large scale redevelopment expected along MD Route 355 in the coming decades, she said "move over Potomac, here comes the Rockville Pike Plan."

Newton's speech also contained a pair of major proposals.

The first and most ambitious, which had its genesis in the 1990s Imagine Rockville discussions, is to bury Rockville Pike where it passes the town center and Rockville Metro station. This would create public and green park space at the existing surface level, with the highway running beneath it. She said that would provide a safer passage for residents of East Rockville to the town center, and create green space that would again give Hometown Holidays room to be something bigger than the street festival it has shrunk to.

"Think of it as our own Dupont Circle," she said. Citing Klyde Warren Park in Dallas, Boston's Big Dig, and Portland's Harbor Drive as examples, she said her proposal could provide a similar boost to economic development, health and the environment, and quality of life in the city.

If such a plan could be advanced, it would give Newton a legacy project similar to that of past mayors like Doug Duncan (Rockville Mall demolition and redevelopment) and Larry Giammo (Rockville Town Square). She acknowledged it would be an expensive proposition.

The second big idea floated in Newton's address was transforming the "blighted" Montgomery County Public Schools property on Stonestreet Avenue into a mixed-income, owner-occupied townhome development. Newton envisions turning a space known for "tractor trailers...sitting there filled with old desks and old books" into "brownstones fronting Stonestreet, with garages and yards behind," providing needed affordable housing, while improving the environment for existing residents. She suggested the redevelopment could be facilitated and financed by a public-private partnership.

Citing the contentious public hearings recently held on the proposal to loosen school overcrowding standards in the city's Adequate Public Facilities Ordinance, Newton said, "People want a vibrant city. They don't want to further overburden their schools." She argued that the city needs to find new solutions to overcrowding that don't involve weakening the APFS. Among possible answers, she pointed to acquisition of the surplus of vacant office space in the county, requiring developers to pay more for school construction costs, boundary changes and demanding more property tax money back from the state. Ultimately, she predicted, it will likely require a combination of all of those avenues.

Countering arguments that the APFO has stifled new school construction in the city, Newton thanked the school system for the forthcoming new Richard Montgomery Elementary School No. 5, and renovations at Julius West Middle School.

"Together, we can do great things," she said.

You can watch the entire speech here:

ROCKVILLE MAYOR AND COUNCIL TO HOLD DISCUSSION ON APFS SCHOOL STANDARDS CHANGES FEB. 2

Monday night's Mayor and Council meeting extended into Tuesday morning, as Rockville leaders again took feedback from the public on proposed changes to the city's Adequate Public Facilities Ordinance standards. The proposed changes, spearheaded by Councilmember Tom Moore, would bring the standards in line with those of Montgomery County's, including allowed schools to reach 120% of capacity, and measuring overcrowding and capacity by school cluster, rather than by individual school. Many residents, and current and former Rockville elected officials, have argued the change will weaken the APFO, allow more development, and overwhelm classrooms, roads and other infrastructure. One city planning commissioner has even suggested the changes would be unconstitutional, as cluster averaging would not treat each child equally.

Montgomery County Council Deputy Administrator Glenn Orlin made a surprise appearance at the end of the public hearing, offering to answer questions. Orlin said the city's APFS "has no impact at all on where the money goes," when the County allocates funding for school construction. Newton, former Mayor Larry Giammo, and Planning Commissioner Jack Leiderman, among others, have vigorously disputed that assertion, pointing to two school projects about to commence in the city.

A vote on the changes is expected on February 9, but Mayor Bridget Newton said she was concerned that the council had not yet had a public discussion on the issue. "I think it's incredible that we haven't had a discussion about this," Newton said after citizen testimony was completed. Moore said the matter had been a topic of public discussion for years, public hearings had been held, and that the vote should go ahead. Newton suggested delaying the vote, so that County and Montgomery County Public School officials could be brought in for a discussion of ways the school overcrowding issue could be addressed. Future meeting agendas made it difficult to set up such a delay, and it was eventually concluded that the APFS discussion will take place at the February 2 meeting next Monday. It was unclear if that would permit all of the hoped-for officials to participate on such short notice.

Newton has said it would be more productive for the city to partake in a school standards discussion being planned by County Councilmember Roger Berliner. Orlin disputed that such an event was going to take place. "I've heard it from the horse's mouth," Newton asserted, citing conversations with Berliner, and discussion she had with Gaithersburg Mayor Jud Ashman and County Councilmember Sid Katz earlier Monday, which confirmed the conference was in the works.

As the meeting stretched past midnight, city staffers greeted the council with, "Good morning." Some midnight oil will have to be kept for next week's meeting, which now will have a sure-to-be-contentious APFS discussion added to its already-packed agenda.

ROCKVILLE APFS DISCUSSION AT PLANNING COMMISSION FINDS INCREASING SKEPTICISM OF PROPOSAL

The more Rockville's Planning Commissioners analyze and discuss the proposed changes to school capacity standards in the city's Adequate Public Facilities Ordinance, the less convinced they are of the wisdom in adopting them. Several commissioners have expressed doubt that the proposal to adopt Montgomery County's weaker 120% overcrowding cap - and assess capacity by cluster rather than by individual school - is necessary, viable, or even Constitutional.

"I would actually contend that it’s a violation of your Constitutional rights to equal protection when it comes to public schools," to measure capacity by cluster, Commissioner David Hill argued. Hill found it ironic that many MCPS policies are "based on that specific premise." Adopting the proposed changes would be "incredible. Criminal? Yeah, I suppose, if you violate someone’s Constitutional rights," Hill concluded. The matter is "a question of principle," he said.

Commissioner Jack Leiderman noted that the current language exempting senior housing from traffic standards would allow an automobile-dependent mega-retirement community the size of Leisure World to be built in the City of Rockville, and still be exempt from the standards - an oversight Leiderman described as "mind-numbingly stupid." "I think you have a good logical point about that, it makes sense," Hill concurred.

Leiderman went on to demolish the case that proponents of the changes have made on several points.

"It basically eliminates everything that the city had put into place to more accurately count school demand," he said, removing "the protection that it gave city residents." Alluding to the obvious developer support for the proposal, Leiderman suggested passage of the legislation would be "basically a complete deregulation of the development industry in the city."

Language that would allow extension of queue dates for individual developments was too weak to account for the fact that a developer could always claim that lack of school construction funds from the state of Maryland were an issue. Leiderman predicted developers could exploit that "ad infinitum. The way this is constructed, you’ve got all this language in here that looks like we’re doing something, when in fact we’re not doing squat to protect the schools, or the citizens, if this unfortunate piece of legislation were to pass," Leiderman said. "Eloquently put," Commissioner John Tyner seconded.

Use of the MCPS 5-year test and cluster averaging will be "an elaborate shell game” to cover-up the overcrowding of city schools, Leiderman said. It's the "distorting effect of cluster averaging and the 5-year test" that allows MCPS to currently run schools at 180% capacity, even when it claims a 120% cap exists. Faced with development moratoriums, Leiderman said, MCPS will cite "paper schools" where there will be capacity in 5 years. But it’s a "fictitious school" that never actually gets built, while the proposed development does. Under that scenario, "you’re not even adopting a 120 - you’re not even adopting a 180," Leiderman argued.

Citing City Councilmember Tom Moore's recent grilling of his colleagues who oppose the changes, Leiderman found a double standard on the use of data. "The leading proponent of this legislation was sort of torturing his colleagues recently about their positions not being data-driven, and I had to just laugh out loud. Because this is not only not data-driven, but it’s ignoring the data that we have, which says that the schools that operate under this are in horrible condition," Leiderman recalled. Echoing the argument of Mayor Bridget Newton, Leiderman made the case that the current APFS standards have succeeded in not only protecting Rockville students from overcrowding worse than today's, but have actually resulted in new schools getting built. "We in fact have [new schools] coming online…ahead of a lot of the other areas in the county, despite" the APFO. He said that fact suggests "the impetus behind [changing the APFS] is extraordinarily specious, and unsupported by the data. I wish that the people who are behind this would actually tell us the real reason why they want this to happen."

Tyner implored the city to consider the impact on core facilities at schools, not just classrooms. "Beall no longer has playgrounds anywhere, neither does Twinbrook," Tyner noted. Core facilities are "the things that really determine if kids get a good education or not," Tyner said. "We’re only talking about classrooms."

One other interesting point not often brought up is that tying city standards to the County would leave Rockville bound to any future changes MCPS would make to its current standards, for better or for worse. Senior Assistant City Attorney Marcy Waxman confirmed that would be the case, after Commissioner Charles Littlefield questioned why the language couldn't be simpler in noting that link.

The Mayor and Council are currently scheduled to act on the proposal in early February, and residents can speak on the matter at a public hearing this coming Monday.

MAYOR TO DELIVER ROCKVILLE'S STATE OF THE CITY ADDRESS ON JANUARY 29

Mayor Bridget Newton will deliver Rockville's 2015 State of the City address on Thursday, January 29, at 7:00 PM, at the F. Scott Fitzgerald Theatre. The theatre is located in Rockville Civic Center Park, at 603 Edmonston Drive. The speech is free and open to the public.

Newton's theme will be "Rockville: The City that Energizes."

A reception will follow in the theatre's lobby.

ROCKVILLE SELF STORAGE ZONING TEXT AMENDMENT HEADS TOWARD FINAL VOTE

School sign indicates Maryvale ES
is nearby proposed self storage site
at First and Taft Streets in Rockville

A zoning text amendment that could scuttle a planned self storage facility near Maryvale Elementary School in Rockville will be presented by staff to the Mayor and Council at their January 12 meeting, following a vote instructing staff to do so Monday evening. The ZTA would prohibit self storage facilities to be place within 250 feet of schools, which would disqualify the facility currently proposed by Siena Corporation on Taft Street.

Siena's attorney, Robert Dalrymple, has previously threatened legal action against the city, should his client's project be stopped. The ZTA appears almost certain to pass, as Mayor Bridget Newton, and Councilmembers Beryl Feinberg and Virginia Onley have spoken in support of it. Feinberg and Onley both stressed Monday evening that, in their view, the ZTA is not targeted toward the Siena project. But passage of the ZTA is the only thing standing in the way of Siena's plans, particularly after the Rockville Planning Commission ruled that there was no legitimate reason to deny the company's proposal last month.

Councilmember Julie Palakovich Carr put great weight on the commission's ruling, quoting from each commissioner's remarks during the discussion. Councilmember Tom Moore concurred, saying that while he often disagrees with the commission, he thought the decision was significant. Both warned Monday evening of the potential legal and fiscal consequences passing the ZTA could hold for the city. Moore attempted to grill Feinberg for more detail on what specific data should give the city pause about the potential dangers a self storage facility would pose toward schools and residents. He read from a list of other possible uses for the Taft Street property, including fuel filling station, temporary carnival and adult-oriented establishment, arguing that several on the list posed greater dangers to children and pedestrians than self storage. The meeting grew contentious as Moore pressed Feinberg for specifics. Feinberg later returned the favor, demanding data to back up one of Moore's points, saying, "I'm gonna do to you what you do to me."

As the debate began to circle further into the night, Newton chided Moore, saying, "people don't know when to stop repeating themselves."

Moore offered an amendment to grandfather the Siena project, but it was defeated 3-2, with Newton, Feinberg and Onley opposed. Feinberg suggested making the buffer 500 feet, but withdrew her amendment after staff could not demonstrate advantages in the city requiring the added distance. A third amendment by Moore would have required the city to set aside $3 million dollars in FY2016 for legal fees, which he believed would face the city should the ZTA pass. That measure, too, failed, only drawing support from Palakovich Carr.

Newton said the matter was a public safety issue, which should take priority over fears of legal action. Feinberg concurred, saying, "I'm not going to be intimidated or succumb to fearmongering."

Ultimately, the Mayor and Council voted 3-2 to instruct city staff to draft a final ZTA, and present it at the January 12 Mayor and Council meeting. Moore, who said he is "deeply concerned" about the zoning action, and Palakovich Carr, who lives in East Rockville, were both opposed to the motion.
Photo: Google Maps

BLACKMAIL! ARE MCPS AND DEVELOPERS HOLDING ROCKVILLE HOSTAGE OVER APFO?

While it seems that the fight over Rockville's Adequate Public Facilities Ordinance keeps coming back like Freddy Krueger, a new talking point emerged at Monday night's public hearing before the Mayor and Council. Some proponents of lowering the city's school capacity standard, from 110% to the 120% overcrowding limit allowed by Montgomery County, appeared to be using the change as blackmail for school construction funds.

Open Rockville to developers who fund the campaigns of all Montgomery County Councilmembers except Marc Elrich, they argued, and those development firms and Montgomery County Public Schools will release funds they apparently won't put towards Rockville classrooms otherwise. While this is most definitely not the legal mechanism for school funding in the state of Maryland, developers and their allies at the County level made clear they are fed up with the City of Rockville retaining control over its development and quality of life.

Former Rockville Planning Commissioner Steven Johnson put into words what many observers may have been thinking after hearing previous speakers, when he used the phrase, "held hostage," in making his case to lower school standards. What was originally designed as a tool to guide development, Johnson said, is now "a blunt instrument to kill" residential development in Rockville.

"You need to change your APFO ordinance," former Rockville Mayor Rose Krasnow warned her successor and city councilmembers, or Rockville will be "left in the dust" by Downtown Crown and other urban town centers popping up around the county. Krasnow, now employed by the Montgomery County Planning Department, suggested allowing Rockville schools to get more overcrowded would somehow result in extra MCPS construction money flowing to city schools. Most significantly, Krasnow described Rockville's current relationship with the County as "antagonistic," and that County officials feel that the City is "not willing to work with them."

Aakash Thakkar, Senior Vice President with infill development firm EYA, put the message in somewhat more diplomatic terms. By allowing more residential development, including a Tower Oaks project sought by EYA itself, the city could thereby "show goodwill" to County officials who want more tax revenue. This would lead to a more "cooperative relationship" between the city and county. He said developers would also contribute money for schools, although no such legal requirement exists to enforce such a promise, beyond the basic school fees charged now for development in Montgomery County. Thakkar also argued that "new people" are needed to support the retail businesses in Rockville.

Not so fast, Rockville resident Jack Gelin rebutted in later testimony. The idea that the city should accept more-crowded schools and more development simply so that county officials will "not be angry with us" was not a good argument for changing the APFO standards. As for Thakkar's promise of more tax revenue for schools being generated by new development, Gelin referred to the "old discredited theory that somewhere there's a free lunch. This has never happened, and will not happen."

In fact, Montgomery County has been on a building binge for years, with the exception of during the recent recession, and is locked in a structural deficit as far out as can be forecast. All of that tax revenue has failed to keep up with the costs of new infrastructure and services the new developments required. Even jurisdictions who have created more jobs than Montgomery County, like Fairfax and the District, are facing budget crunches. Where is all of the magic tax revenue? Nowhere to be found.

The idea that allowing more development and more school overcrowding would magically solve Rockville's challenges was among a number of false promises made by advocates of watering down the APFO, former Mayor Larry Giammo said. "Stop promulgating myths," he exhorted councilmembers who favor the changes, whose proposals he said were causing "unnecessary and harmful divisiveness" in the community. Rather than change the APFO, Giammo proposed, a better approach would be to update the city's master plan, and engage the county's Board of Education and and County Council to develop new strategies to address overcrowding.

Mayor Bridget Newton said the latter option is in the works, citing a discussion she had with Councilmember Roger Berliner (D-District 1) earlier regarding a work group he is assembling to look at the county's APFO standards. That group will be seeking input from municipalities, and would be a more productive approach to the problem than arbitrarily changing the city's own standards, she suggested. Newton also disputed claims that Rockville had been passed over for school construction money because of its higher APFO standards, pointing out that at least two significant school projects are currently moving forward in the city.

She and resident Joe Jordan also raised questions about how, and under whose authority, the city's staff produced a redline document on APFO changes. Newton asked staff to produce answers to those questions before a vote is taken on the measure. Jordan said he found it "really disturbing" that the process was being rushed without public discussion by the council, leaving residents unclear about each councilmember's position on the changes. Newton criticized city staff for leaving last night's public hearing off of a television announcement for the meeting, and for publishing a front page piece on Rockville Reports that implied she and all councilmembers were advocating changes to the APFO. She argued the city should wait for the outcome of Berliner's effort, and request an opinion from the state Attorney General on the question of whether she and the council have the legal authority to change the APFO, before voting on the proposed changes. The Mayor has the authority to request such an opinion, Newton said, noting that Councilmember Tom Moore had planned to do the same thing last year.

Some would have to question the wisdom of the new talking point deployed last night by proponents of change. "I've got money, but I won't give it to you until you turn over control of your city to us," sounds like a bad mob movie more than a coherent development policy.

ROCKVILLE MAYOR AND COUNCIL APPROVE CHANGES TO DUBALL TOWN CENTER PROJECT

Rockville's Mayor and Council approved changes to the Duball project for 198 E. Montgomery Avenue last night. The developer had sought an increase in residential units for the proposed second tower in Town Center, but also asked for a 25% parking reduction.

The seemingly incongruous requests did not sit well with some. Councilmember Virginia Onley, a resident of nearby Americana Center, said parking was a mess already. Some frustrated parkers try to use Americana Center spaces as it is, she noted. Ultimately, Onley, Mayor Bridget Newton and Councilmember Beryl Feinberg voted 3-2 to reduce the parking waiver to 15%.

Councilmember Julie Palakovich Carr then offered an amendment to eliminate the valet parking requirement for Duball, arguing that the increased parking space requirement negated the need for that service. Councilmember Tom Moore seconded the amendment, which ultimately passed.

Moore said he disagreed with the parking increase, but still believes the project will be a boon for the city's town center. The Rockville Planning Commission had previously recommended against permitting the unit increase and parking decrease. Duball's first tower is nearing completion next to the municipal parking lot where the proposed tower will be built, in front of the Regal Rockville theater.

ROCKVILLE PLANNING CHAIR TO MAYOR & COUNCIL: YOU DON'T HAVE LEGAL POWER TO CHANGE APFS

Rockville Planning Commission Chair Don Hadley dropped a bombshell in the heated debate over the future of the city's Adequate Public Facilities Ordinance/Standards last night. During his annual presentation on city planning and development, Hadley touched on the APFO issue. Just as some councilmembers are prepared to loosen school overcrowding restrictions on development, Hadley cited a recent legal opinion by Maryland Attorney General Doug Gansler that suggests they lack the authority to do so.

The opinion resulted from a 2011 request by the Mount Airy Town Council to settle the question of whether the council could amend or change a comprehensive plan or plan element formulated by the town's planning commission. The council and its attorney believed it could. "Respectfully, we disagree," Gansler wrote back in his November 18, 2014 opinion.

Based upon Sections 3-202 and 3-205 of the Maryland Code’s Land Use Article, the 2012 Code Revision notes, and his review of legislative history, Gansler concluded the council lacked the legal authority to change a planning commission plan or plan element without receiving a new recommendation from the planning commission. Gansler's opinion argued that the council could only approve or disapprove of a plan, not alter it.

The opinion does not apply to counties or Baltimore City, but does apply to municipalities like Rockville.

Accordingly, Hadley suggested at last night's Mayor and Council meeting, the APFS changes proposed by some councilmembers are in conflict with both the current Rockville Master Plan, and also state land-use laws.

Councilmember Tom Moore, an advocate for changing the APFS school standards, vigorously disagreed. "You made a pretty bold claim," Moore charged, saying that Rockville City Attorney Debra Yerg Daniel had concluded the opinion did not apply to the APFS change "because it's not a Master Plan item." 

But Daniel's legal opinion has not been made public, and - under Mayor and Council privilege - must remain secret unless the Mayor and Council waive their right to confidentiality. Hadley asked if the city attorney's decision would remain "under a rock" where the public cannot review it.

Mayor Bridget Newton and a majority of the council said they were willing to waive their legal right to confidentiality, although Moore raised the question of whether there were any negative implications for the city in doing so. The APFS issue "is on a fast train, and four of us have asked you" to make the decision public, Newton said to Daniel.

Daniel agreed to make her opinion public, but it is not known how soon it will be released as of this writing.

An extra dash of intrigue has now been added to the debate, which had tensions high all evening. Near the meeting's end, Newton and Moore clashed on a labor relations item being added to a future agenda. Moore opposed the item, interjecting repeatedly. "Councilmember Moore, you are out of order," Newton said firmly, as Moore continued to protest.

Hadley said that, as chair of the commission, "I'm a dummy if I sit here and watch" the APFS matter be resolved by the council, if it has no legal authority to do so. He pointed to the city's master plan language and state land use rules, both of which explicitly emphasize that school capacity must be provided to support new development. The Mayor and Council should ask Gansler for an opinion on their authority to tamper with the APFS before doing so, Hadley suggested.

"I wouldn't mess with the APFS until the Attorney General rules," Hadley advised. "The city doesn't want me to do this, but we've got to do it."

ROCKVILLE CITIZENS, FORMER MAYOR SOUND ALARM ON ATTEMPT TO WEAKEN CITY'S APFO

Rockville City Councilmember Tom Moore's push to change the city's Adequate Public Facilities Ordinance/Standards is generating controversy among residents, and the former mayor who ushered in the ordinance in 2005. Moore has referred to the status quo rules regarding schools as "failed," and tweeted last month that "Our schools & City deserve standards that work." 

Former Mayor Larry Giammo, widely credited for guiding the construction of the city's town center, is urging residents to turn out in force at the January 5 Mayor and Council Public Hearing on the APFO, and oppose the changes. The changes under consideration include adopting a weaker school capacity test similar to Montgomery County's, which would allow more overcrowding (120%) than exists today. They would also use an average across school clusters that could mask specific schools' severe overcrowding issues, and change the school capacity test period from 2 to 5 years. 

Moore proposes charging developers a fee for their projects when school overcrowding reaches 105-120% of capacity, and says the current mechanism to request funds when overcrowding hits 110% hasn't generated the construction money necessary.

Giammo rebuts Moore's assertion that the APFO has failed Rockville on adequate school construction, arguing that the APFO was never intended as a solution to begin with; only to prevent overcrowding from getting even worse. "Why propose to loosen controls which are keeping the problem from getting worse, if you actually care about the problem?" wrote Giammo on his blog ten days ago.

Residents are organizing around a petition to keep the current standards in place, and are also urging concerned citizens to attend the January 5 hearing, or email their testimony if they cannot attend to speak in person. East Rockville resident Peter Wizler, who recently helped lead citizen efforts to prevent a self-storage facility from being constructed near Maryvale Elementary School, wrote on his blog that "I am sure we can all agree that school over crowding compromises the education of our kids." Loosening standards would lead to a rapid increase in development and overcrowding, many residents fear. Such development has been restrained by the current APFO standards.

The diverging opinions on the APFO/APFS have been a constant source of debate in City politics in recent years, and in the past election. Equally on the front burner has been the push to get more funding for school expansion and construction across Rockville. Mayor Bridget Newton and Councilmember Julie Palakovich Carr recently testified before the Montgomery County Board of Education about the need for funds, and more accurate planning for future student populations.

The January 5 public hearing will be at 7:00 PM in the Mayor and Council chambers at Rockville City Hall. A vote on the APFO changes is currently scheduled for January 26, 2015.

ROCKVILLE PLANNING COMMISSION CHAIR TO COUNCIL: EXPECT PIKE PLAN IN JUNE

The rewrite of the master plan for Rockville Pike could be sent to the Mayor and Council in June, Rockville Planning Commission Chair Don Hadley said Monday night. Hadley had been summoned before the council at the behest of members concerned that the Pike Plan process was taking too long. He submitted a written summary of the issues at hand, and highlighted some of the primary challenges in his remarks to the Mayor and Council.

Hadley noted that the consultants hired by the city to develop a Pike Plan concept had 4 years to complete their work. Translating those conceptual goals into a real-world plan is far more complicated, he said. "Structurally, the Pike Plan actually had two parts," Hadley argued: a policy part, and a practical side. That required the commission to convert policy goals into "technically proficient and enforceable law," Hadley said, "not arbitrary, [but] well supportable" city code.

"Hot topics," such as building height, naturally take time to work out among the "democratization of ideas" on the 7-member commission, Hadley said. The deliberative process among commissioners - who don't necessarily agree on all matters - has "been healthy for us," he said. Technical issues not addressed in the consultants' plan have forced the commission to take extra time, as well. Hadley pointed out that the consultants' plan did not include the massive bus rapid transit line in the center of the Pike, now being pushed on the city by the Montgomery County Council. How to balance the demands for safe bike routes, local bus service, and street parking for merchants, has been a major challenge, Hadley reported. And the current demand for surface parking and big box stores on the Pike doesn't line up with the new urbanist goals of the consultants, he explained. It has fallen to the commission to resolve these inconsistencies, Hadley said.

Most significantly, Hadley said, the consultants' plan ultimately did not reflect Rockville's values. He referred to a panel hosted by former commission chair Jerry Callistein at a city summit, which sought to determine the city's values. "Neighborhood-oriented, family-friendly small-town people," was the panel's final definition of the city's character, Hadley recalled; "that’s been our guiding influence.”

Hadley said that the incompatible nature of the policy goals and today's reality (walkable, mixed use development vs. the existing, popular commercial area along the Pike) would probably demand a reassessment of the plan's specifics and performance every two years. He also sought to assure elected officials that the delays were not political in nature. There "really aren't any politics" on the commission, Hadley said. "I wouldn’t want [the Pike Plan] to come to you with any sense that it has a particular axe to grind," he concluded.

Mayor Bridget Newton and the council briefly responded to Hadley's presentation and letter Monday night. “I thought your letter was very instructive,” Newton said. "We’re delighted to hear that it’s coming in June," said Councilmember Tom Moore, who had expressed concern over the delays.

Planning commissioners Anne Goodman, Jack Leiderman and John Tyner were present at the meeting.

ROCKVILLE TO BACK CURRENT ETHICS STANDARDS IN ANNAPOLIS

Rockville's city council last night voted to send a letter to District 17 legislators in the Maryland General Assembly, notifying them that the city supports the current ethics standards demanded of all elected officials in the state. Legislation that would alter the ethics reporting requirements is on the table in Annapolis.

Councilmember Tom Moore, who has been a strong advocate of the tightened reporting standards adopted a few years ago, warned his colleagues to oppose any efforts to weaken the existing requirements. Mayor Bridget Newton said she believes some of the information demanded is beyond what is necessary or appropriate. Moore said every piece of property owned by a public official, regardless of how it was obtained or its geographic location, should be known to the public.

A majority of the council agreed with Moore's support for the current law, voting 3-2 to send a letter backing today's standards to Annapolis. Voting in favor were councilmembers Moore, Julie Palakovich Carr and Beryl Feinberg. Opposed were Newton and Councilmember Virginia Onley.

Some municipalities have opposed the recent standards, citing privacy concerns and a reduction in those willing to run for office and make such extensive disclosures. Others, such as Moore, have said having the full story on what a politician owns is essential knowledge for voters, in order to reveal any and all conflicts of interest.

WOMEN TAKE OVER IN ROCKVILLE - ROCKVILLE ELECTION 2013

Complete 2013 Rockville Election results: Click here

During the recent federal government shutdown, some argued that electing more women to Congress would end its legislative gridlock. But can electing more women to the Rockville city council have the same effect on a body recently criticized for bickering between factions? The city is about to find out.

No public list of past councilmembers is available online, as best I can tell. But the next Mayor and Council certainly contains the highest number of women members (4) in my recollection, if not in the history of Rockville. Voters yesterday chose a woman (Bridget Newton) as mayor for the third consecutive time since Mayor Larry Giammo left office. And the top votegetter in the council race was a woman, as well (Julie Palakovich Carr).

Tom Moore will be the sole male elected official in Rockville for this term of office.

BRIDGET NEWTON RUNNING FOR MAYOR; MARCUCCIO DECISION COULD BOOST TEAM ROCKVILLE SLATE

Two-term Rockville Councilmember Bridget Newton officially launched her bid to be the city's next mayor last night. Her opponent will be another multiterm councilmember, Mark Pierzchala.

Newton has pledged to take no money from developers, and has been a skeptic of urban-style development outside of the city's Town Center.

Pierzchala, and the rest of his Team Rockville slate, favor denser, transit-oriented development.

Both mayoral candidates have long records of public service.

Current mayor Phyllis Marcuccio declined to run for another term, and has endorsed Newton.

Marcuccio's decision, and the current lack of opponents for Team Rockville, could lead to success on Election Day for the slate.

There are now three wide-open council seats. Incumbent Tom Moore will lead slatemates Julie Palakovich Carr, Beryl Feinberg and Virginia Onley into the contest.

While Newton has as much of a chance to win as Pierzchala, the Team Rockville council candidates could sweep the election, if it were held today.

Rumored candidate Anne Robbins, a veteran councilmember, has not filed yet. The filing deadline is little over a month away.

The vacuum that would have existed for a slow-growth candidate has now become a black hole.

While Newton vs. Pierzchala will be a marquee race, offering voters a clear choice for the city's future direction, the mayor holds little power in Rockville.

Should no city activists nor Robbins step forward to file, this election would be a blowout for Team Rockville in terms of council seats, and political power.

ROCKVILLE COUNCILMEMBER WANTS REPORT ON REDGATE GOLF COURSE

Rockville Councilmember Bridget Newton asked city staff to put Redgate Golf Course on an upcoming agenda at last night's Mayor & Council meeting.

Newton said Billy Casper Golf, the course's manager, had promised to deliver an annual report to the council. BCG has had control of the course for about a year and a half, Newton noted, and she asked why there has been no report. Expect this to come up at some point before the August recess.

All has been quiet on the Redgate front for some time, but it remains one of the biggest "hot button" issues in Rockville. Is the course a worthwhile investment as a unique amenity open to all? Or is it just money down the 18th hole, and should be sold for development purposes? There are citizens on each side of that argument, making for contentious debates at public meetings. Given that BCG's takeover of the course has been considered a last resort measure, there will obviously be great interest in a status report.

Few words portend nasty debate in Rockville more than "Redgate," which ranks right up there with "once-a-week trash," and "Saul Ewing report" in civil discourse.

In other Redgate news, the course has launched a new program where players can buy a membership that gives them access to 7 other area golf courses, in addition to Redgate.

SHOULD THE ROCKVILLE MAYOR AND COUNCIL TWEET DURING MEETINGS?

To tweet, or not to tweet. That is the question, according to Rockville City Councilmember Bridget Newton at last week's meeting.

Newton's colleague, Councilmember Tom Moore, recently encouraged citizens to make public meetings broadcast on Channel 11 interactive, by tweeting throughout using the hashtag #rkvcouncil.  Ostensibly, councilmembers could also interact during the meeting on Twitter, as well.

Newton says there should be a discussion, and a policy, regarding councilmembers tweeting during a council meeting. However, the discussion has not yet been added to a future meeting agenda.

Initially when I heard about this, I thought it was a great idea. Few citizens watch the meetings (the most recent survey revealed most residents get their information on city issues from the old-school Rockville Reports newsletter, mailed to every home). Even fewer vote. So anything that engages the public in the political process has to be a positive.

But Newton makes a valid point. Unless a time is set aside on the agenda for "tweets," at what point in a public meeting should an elected official "tune out" the People's Business at hand?

Whatever policy ends up being adopted, the biggest value would be to continue to encourage the citizens to tweet during the meeting.

What's your opinion? Do you think the council needs a "Twitter policy," and should councilmembers tweet in real time during meetings?

ROCKVILLE COUNCIL REVOLTS AGAINST MAYOR'S COMMISSION PICKS

The Rockville City Council had issues with two vacancy appointment decisions proposed by Mayor Phyllis Marcuccio at last night's Mayor and Council meeting.

Three councilmembers, John Hall, Tom Moore and Mark Pierzchala, declined to support one of Marcuccio's nominations for the city Board of Supervisors of Elections, activist Drew Powell.

Powell has been a longtime opponent of developer influence in city and county elections, and was an outspoken critic of individual candidates' campaign finance activities in the 2011 city election.

Was this political payback, or simply a desire to explore other candidates, as some councilmembers suggested?

It has been established practice for mayoral nominations for appointments to be honored.  The fact that Marcuccio raised objection to that protocol as a councilmember in previous years was raised.  Marcuccio did so, but then-Mayor Susan Hoffman still prevailed in having sole power of nomination.

Thus the rejection of Powell was unusual.

Councilmember Bridget Donnell Newton joined Hall, Moore and Pierzchala later in the meeting in endorsing the reappointment of Kate Ostell to the city Planning Commission. Ostell is a longtime commissioner whose term actually expired last summer.

Marcuccio suggested it was time to add fresh blood to the commission. The four councilmembers disagreed.

This appointment is highly significant, as whoever is appointed will cast a powerful vote on the Rockville Pike Plan, on which billions of dollars in developer profits hinge.  Marcuccio has been critical of the plan, and her appointment could complicate approval of what appears to remain a developer-friendly document. Others feel Ostell's experience and involvement in the lengthy Pike Plan process add value to the commission's final deliberations, which will follow a public hearing on it.