FORMER ROCKVILLE COUNCILMAN CALLS PROPOSED SCHOOL STANDARDS CHANGES "DEATH BLOW" TO CITY'S APFO

Two-term former Rockville City Councilman John Hall testified before the Mayor and Council Monday evening that adopting Montgomery County's weaker policy on school overcrowding would be a "death blow" to the city's Adequate Public Facilities Ordinance. Currently, Rockville measures overcrowding at each individual school, and once a school is termed overcrowded, development in that school district is halted.

The proposal by some councilmembers to adopt the county standard, by contrast, would allow an averaging of schools by cluster. Hall pointed to data that suggested averaging would provide a much looser school capacity standard than the current city rules.

Under Montgomery County's APFO, "the most lax and least effective apfo in the entire region," Hall added, individual schools can exceed the supposed 120% overcapacity cap without triggering a development moratorium. At this time in the county, Hall said, 8 public schools exceed 150% of capacity, and 1 is at 180%. "That’s absurd, it’s almost criminal," Hall argued, but it's allowed by cluster averaging methods.

Adopting such a plan, while representing it as a 120% cap on overcrowding, "misleads our parents and residents," he added. Hall urged the council to not act hastily under pressure from developers, and to rely on guidance from the city's Planning Commission.

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.

CHRISTMAS DECORATION DONATIONS NEEDED AT FISHER HOUSE IN BETHESDA

The Fisher House Foundation operates a network of homes nationwide where military spouses and families can stay free of charge, while family members are being treated at medical facilities. Walter Reed National Military Medical Center in Bethesda has 5 Fisher House homes.

Two of the smallest homes still need to be decorated for the holidays, and that's where you can help.

Donations of Christmas decorations are greatly needed to accomplish this task, and bring the holiday spirit to families staying there this month. Help families far from home who are enduring an often-stressful situation in Bethesda have some semblance of a normal Christmas, by giving extra decorations you have, or purchasing some to donate.

Items that would be most helpful include tree ornaments/tinsel/holly berries (they already have the trees to put them on), small wreaths so they can put one on every door (8) in each house, reindeer, stockings for the fireplaces, and Santa hats and scarves.

If you have items to contribute, please email Megan Jones A.S.A.P. They are hoping to have all of the supplies by December 15. 

Share this article on Twitter and Facebook if you can, to help spread the word. For more information about the Fisher House Foundation, visit their website.

APFO DISCUSSION, SELF-STORAGE ZTA, KING FARM ON ROCKVILLE PLANNING COMMISSION AGENDA

Two current hot-button issues will come up during the next Rockville Planning Commission meeting on Wednesday, December 10, at 7:00 PM. Commissioners and staff members Jim Wasilak and Deane Mellender will discuss the Adequate Public Facilities Standards changes proposed by the Mayor and Council. The commission will also take public testimony on a Zoning Text Amendment (ZTA) that would prohibit the construction of self-storage facilities on land within 250 feet of a public school.

This comes during a major controversy over an EZ-Storage facility that is proposed to be built near Maryvale Elementary School in Rockville.

Two townhome projects that would add a total of 129 housing units to King Farm will also be reviewed. Those project sites are located at 900 and 901 King Farm Boulevard.

The meeting will be held in the Mayor and Council chambers at City Hall, and also broadcast live on Channel 11.

CELEBRATE THE REPEAL OF PROHIBITION AT BAR LOUIE ROCKVILLE DECEMBER 5

No, we're not talking about free parking at Rockville Town Square. This Friday is the 81st anniversary of the end of Prohibition in the United States. Bar Louie in Rockville Town Square will be celebrating the occasion on Friday with 3 special cocktails, period jazz, and a costume contest for those who arrive in 1933-era style.