Tom Moore not running for reelection to Rockville City Council

Rockville Councilmember Tom Moore has made his election decision - he won't be running again this November for the City Council. Moore made the announcement in an email to supporters Friday.

He cited the time public service has taken away from his family as the major factor in his decision, writing that "my family has paid a high price while I have campaigned and governed virtually nonstop over the past six years, and it is time for me to turn my attentions homeward."

Moore's announcement also cited his accomplishments on the council, including preserving Fireside Park Apartments as affordable housing, tougher ethics rules, limiting retention of citizen data by Rockville Police license plate readers, and his successful effort to weaken the city's school overcrowding rules over vehement, well-organized resident opposition. The latter victory has opened the entire city to new development proposals, as no schools are deemed over-capacity under the new rules.

While Moore did not divulge any future political plans, he did hint that he will be throwing his support behind some of the candidates running for council seats this fall. Moore ran an unsuccessful campaign for the District 3 seat on the Montgomery County Council in 2014, losing to Gaithersburg Mayor Sid Katz.

Moore's decision ensures there will be at least one new face on the council in the next term.

No apologies: Rockville Planning Commission responds to Councilman's query regarding Pike Plan

Rockville Planning Commission
Chair Don Hadley

Rockville Councilmember Tom Moore wrote to the city's Planning Commission to request an update on when the Mayor and Council might expect the Rockville Pike Plan back from that body. That letter was brought up at the commission's last meeting. According to commission chair Don Hadley, Moore expressed a strong interest in receiving the plan in time for the current Mayor and Council to act on it prior to Election Day in November. Should this not happen, Hadley said, Moore implied that the work of residents, staff and elected officials would be wasted.

Commissioner John Tyner noted, jokingly, that Moore "didn’t thank the members of the Planning Commission of our 4 years of work on this project." Overall, none of the commissioners expressed any concurrence with Moore's choice of timing, and several referred to it as an "artificial deadline."

To the idea that any further delay would have wasted time and effort, Commissioner David Hill responded that the commission had taken great time and effort to obtain citizen feedback on the plan, and said "I don’t think that’s a wasted effort in any manner."

Commissioner Jack Leiderman argued that it was the Council majority that overturned the city's Adequate Public Facilities Standards for school overcrowding that was actually to blame for the holdup.

"When the Mayor and Council unilaterally changed the apes standards, it sort of changed the groundwork upon which our plan had been developed," Leiderman said. "We did warn them in advance that it would be disruptive to the planning process for the Mayor and Council to move precipitously in that area. They chose to go ahead and do that."

 "I don’t make any apologies to anyone on the council 

who’s asking why is there a delay, because the council majority

 is actually the cause of the delay."

"I think this commission reserves the right to reassess the plan in light of what now needs to be discussed," Leiderman continued, "because the [Adequate Public Facilities Ordinance] and APFS are repeatedly referred to in the plan. And so I don’t make any apologies to anyone on the council who’s asking why is there a delay, because the council majority is actually the cause of the delay."

After getting feedback from commissioners, Hadley said he would compose a letter representing their thoughts on the matter. "We’re not a political body, we’re not playing politics," Hadley said, stressing that the commission is committed to updating the plan under the new APFS standards in the best interests of residents.

"The easiest way to put it," Tyner suggested, "is that when we’ve completed our deliberations, and have come up with a plan that’s in the best way for the needs of the citizens of all of Rockville, then we’ll send it forward."

Rockville councilmember accuses Sentinel newspaper of stealing artwork

Rockville's Sentinel newspaper is coming under fire from the city councilman often the target of its political cartoons. Councilmember Tom Moore says the paper is "systematically stealing artwork" for those illustrations. Moore produced multiple examples of artwork sourced from other artists' works, then apparently repurposed for cartoons published by The Sentinel, on his blog yesterday.

According to Moore's research, the cartoons have taken material from cartoonists Jeff Parker, Walt Handelsman, and Mike Shapiro, among others.

Moore acknowledges readily in his post that he is "the target of many of the Sentinel's cartoons," but says he is "truly offended by the Sentinel’s laziness and its disregard for the intellectual property of its journalism colleagues."

At face value, the evidence Moore presents is certainly credible and compelling. If there was a licensing arrangement permitting use of the artwork, similar to stock photography, obviously only the paper or cartoonist can speak to that. At least one of the cartoonists Moore quoted, Shapiro, seemed to have no awareness that his work had been used.

If the cartoons' creator, William Charles, or The Sentinel would like to respond with their side of the story, I will be glad to print their response. Email me at robert1999 [at] hotmail [dot] com.

Photo courtesy City of Rockville

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 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.

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

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 COUNCILMEMBER HOSTING MEETING ON PROPOSED APFO/APFS CHANGES

Rockville Councilmember Tom Moore is hosting a public meeting on December 17 at City Hall at 7:00 PM, regarding the proposed changes in the city's Adequate Public Facilities Ordinance and Standards that would alter how school overcrowding calculations are made. This is another chance to have your voice heard on this contentious issue that has great implications for the future of the City.

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 MONTGOMERY COUNTY 2014 ELECTION RESULTS FOR COUNTY RACES

Early election returns show County Executive Ike Leggett and all Montgomery County Council incumbents prevailed in Tuesday's election. In the open seat races, things weren't quite so predictable.

In District 3, unseemly ageism attacks on Gaithersburg Mayor Sid Katz by the Washington Post, and other allies of his primary opponents, appear to have backfired - big time. Katz is squarely in the lead for Phil Andrews' old council seat, and the few voters who turned out Tuesday clearly voted for name recognition, and steady, experienced leadership over youthful exuberance. That said, with the unofficial defeat of current city councilmember Tom Moore, Rockville lost the opportunity to have a city resident on the county council.

Katz will be unopposed in the November election, meaning he will be a de facto councilmember-elect once voting results are final.

All Democratic At-Large councilmembers appear to have won their primary race, although the vote totals of challenger Beth Daly and incumbent George Leventhal were what passed for drama Tuesday evening.

Here are the standings as of early this morning:

DISTRICT 3

Guled Kassim 458
Sid Katz 5,578
Tom Moore 4,527
Ryan Spiegel 3,074

(no Republican candidate in District 3)

AT-LARGE

Democrats

Beth Daly 36,787
Marc Elrich 53,394
Nancy Floreen 49,094
George Leventhal 42,835
Vivian Malloy 23,829
Hans Riemer 46,473

Republicans

Robert Dyer 10,283
Chris Fiotes 9,586
Adol T. Owen-Williams II 9,474
Shelly Skolnick 9,794

ROCKVILLE MAYOR AND COUNCIL BRIEFED ON UPPER ROCK PLAN CHANGES

JBG's attorney, Bob Harris, and Senior Development Analyst Devon Lauer returned to City Hall Monday night, to brief the Rockville Mayor and Council on changes the developer seeks for its 5 Choke Cherry Road project in the Upper Rock District.

There are no real points of contention with the project at this point, although Harris again indicated that JBG will return with greater detail at future meetings. Councilmember Julie Palakovich Carr asked about the bicycle plan and stormwater management for the site. Neither Harris nor Lauer were familiar enough with the bike issues at the site to comment, but said they would have that information at the next meeting. City staff said that the project, while having been approved long ago, would be built under current Rockville stormwater requirements.

Councilmember Tom Moore asked if the green space once designated as an office building could be developed as residential in the future, "[i]f the residential market picked up at some point?" Harris said he did not foresee any changes to the current proposal in the future. In a previous presentation before the Rockville Planning Commission, Harris said residential development was not sustainable, given the proximity of Crown Farm and other projects under construction.

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 PLANNING COMMISSIONER QUESTIONS LACK OF DETAIL ON BIKEWAY MASTER PLAN

Can you tell what impact
bike facilities will have
on College Parkway
from this map?

Would you buy a car sight unseen, if the salesman said he could only tell you it was a 4-door sedan? Rockville residents are being asked to comment on the draft update of the Rockville Bikeway Master Plan at a public hearing on April 9. But critical information is missing from the draft, according to Rockville Planning Commissioner Jack Leiderman.

While the document illustrates many common on-road bike facilities, and lists a recommendation for specific roads within Rockville, Leiderman noted that residents have no way to know how the proposals will affect parking, the width of existing travel lanes and other relevant details.

Andrew Gunning, the city's assistant planning director (and staff liaison to the planning commission) said planners hadn't gone into that level of detail at this stage. "I'm requesting it," Leiderman responded. "How am I going to comment" on the plan without knowing the details, he asked.

This situation is virtually identical to that of the recent Montgomery County Transit Corridor Master Plan process. With relatively few details worked out on the specific design and traffic impact of the county's proposed bus rapid transit system, the plan was rammed through by the council, with promises that the details would be known later. But if some of the potential impacts were untenable, why would a citizen allow the BRT Master Plan to pass?

The same applies to the bike plan. Should the plan be approved, it will become the document that can be referenced to justify a wide range of changes to city roads. Once adopted as a master plan, those changes - like BRT - will become "a fait accompli," as Leiderman put it Wednesday night.

"I'm not just going to rubber stamp a list of streets," Leiderman said.

Also at Wednesday night's meeting, Planning Commission Chair Don Hadley discussed his upcoming  appearance before the Mayor and Council at their April 7 meeting. Hadley invited his fellow commissioners to attend, but said he has not yet been informed of the format of the discussion. Commissioner John Tyner somewhat jokingly suggested Hadley review the comments of Councilmember Tom Moore on the topic prior to the evening. Moore was critical of the commission's pace last week.

Leiderman advised Hadley to emphasize the importance of taking time to get the plan right: "Measure twice, saw once," he said.

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.

ROCKSHIRE RESIDENTS CONCERNED ABOUT FUTURE OF KARMA ACADEMY PROPERTY

Quite a few residents of the Rockshire neighborhood of Rockville turned out at Monday night's Mayor and Council Meeting.

They voiced concerns during the Citizens Forum segment of the meeting about the fate of the former Karma Academy property on Watts Branch Parkway.

The property is owned by Montgomery County, and the county has not yet specified what it intends to do with it.  Rockshire residents who spoke at the meeting urged the city to obtain the property, and merge it with the adjacent Wooton's Mill Park, owned by the city.

Councilmember Mark Pierzchala said that, realistically, the county will not simply hand over the expensive real estate for little or no money.  Mayor Phyllis Marcuccio suggested it could be a good site for the Rockville Science Center she has long advocated for.

Residents have good reason to be concerned. The county could sell the property to a developer for a massive, dense townhome development. Or it could choose to keep it, building a school, soccer fields, or a shelter/clinic facility, as residents of Twinbrook Forest had to deal with until recently. The county council once tried to build a homeless shelter on property it obtained in an expensive Bethesda neighborhood of single-family homes, until outraged residents raised a ruckus.

Likewise, the county should not underestimate the Rockshire Association, which sued Rockville's Mayor and Council and Planning Commission over a development dispute during the 1970s.

Councilmember Tom Moore lauded the large turnout. He said the Karma Academy was "already on our radar," but that the appearance of so many residents would surely move the issue up on the council's list of priorities.

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?

"TEAM ROCKVILLE" TAKES FIELD EARLY IN 2013 CITY ELECTION, PIERZCHALA RUNNING FOR MAYOR

Slates are back in Rockville city politics. Whether voters still obey them, will be just one intriguing outcome of the November 5 Mayor and Council elections.

The first slate - "Team Rockville" - has already gone public: Councilmember Mark Pierzchala is running for mayor, and Councilmember Tom Moore, Virginia Onley, Julie Palakovich Carr and Beryl L. Feinberg are in the race for the four council seats.

Two questions have been answered: Will there be slates? And will Pierzchala run for mayor?

But others remain, before one can get a true sense of the dynamics of this race.

Will John Hall run for mayor? Will Mayor Phyllis Marcuccio run for reelection? And will the council vote on the Rockville Pike plan before, or after the election?

Former councilmember Anne Robbins is also expected to run, and would be a formidable challenge to the lesser-known candidates on the "Team Rockville" slate. Robbins is skeptical of smart growth, having noted that advocates have been talking about "getting people out of their cars" since the 60s, with little results.  She brought an independent streak to the council, referring to herself as "the Lone Ranger" during a contentious council meeting over a decade ago.

Pierzchala won election primarily on his strong work on behalf of the College Gardens neighborhood as a citizen, and diligent attendance and engagement at city meetings. Once on the council, he has pivoted to take an aggressive pro-development stance, and has helped organize two summits on Rockville's future.

Tom Moore is a first-term councilmember who often sides with Pierzchala on issues. He recently made news beyond the city limits when he questioned the use and storage of data collected by license plate readers onboard Rockville police cruisers.

Virginia Onley is the only other member of the slate who has name recognition at this early stage, having run for council previously. If I recall correctly, Onley is one of the relatively few candidates smart enough to use the Citizens Forum during the election season, as a free platform to reach voters. It's surprising more candidates don't utilize that forum. Larry Giammo made hugely-effective use of it during his successful campaign for mayor.

Now, of course, the other question is, who else will throw their hat into the ring?

Drew Powell and Dion Trahan are two former candidates still actively engaged in city politics and government, but there are certainly others who could make a run, as well. Stay tuned.

If there's a Rockville citizen you think would be a great mayor or councilmember, feel free to put his or her name in the comments section below (there is an option to post anonymously, if you wish).