ROCKVILLE CONSTRUCTION UPDATE: THE UPTON/CAMBRIA SUITES HOTEL (PHOTOS)

Here is the latest progress at the Duball construction site in Rockville Town Center, in front of the Regal Cinemas. This two-in-one project contains The Upton luxury apartments and Cambria Suites hotel.

MORE APFS SCHOOL CAPACITY STANDARDS DEBATE AHEAD OF FEB. 9 VOTE

A Monday night discussion about proposed changes to Rockville's Adequate Public Facilities Standards, which would align the city's school capacity standards with Montgomery County's weaker ones, did not appear to change the mind of any councilmember. Councilman Tom Moore remains the strongest proponent of the changes, which would raise the school overcrowding limit to 120% of capacity from today's 110% under the city's APFS. They would also measure overcrowding by cluster averaging (like the County), rather than the city's measurement by individual school.

The current standards, Moore said, have been an "epic fail." "The evidence is in, it was an interesting experiment," he said, but they have not prevented overcrowding, in his view.

Mayor Bridget Newton disagreed. "We would be in a crisis situation as other schools [in the county] are" without the APFS, she argued. Newton remains the one certain vote to oppose the change. "I haven’t yet seen from you all what moving to 120, and cluster averaging, what that is going to solve?" she asked her colleagues. "What is the reason for making that change? What is driving that?"

Councilmember Virginia Onley said she does not favor the approach of having the city change its own standards, but did say she is concerned about lack of growth in the city. Suggesting that Rockville Town Square is underperforming, Onley said Rockville's competitors, Downtown Crown, Pike & Rose, and RIO/Washingtonian Center are a threat. Pike & Rose offers 2 hours of free parking, and the others don't charge anything for parking. Several retailers and restaurants have closed in Rockville Town Square in recent months.

"I don’t think Rockville is moving forward," Onley said. "And if we don’t do something, we’re going to be a ghost town." She added she didn't want Rockville residents to have to get in their cars and drive to other places "where people are enjoying life."

Newton disputed Onley's characterization of growth and the town center, noting that projects including the Duball towers and KSI have pushed the number of units past the totals provided for in the 2001 Master Plan. Kettler, JBG and Shelter are currently building retail, restaurant and housing projects north of Rockville Town Square, as well. "We’ve got growth happening in the town center," Newton said. "It is not stagnant, it is not dying, and it is not going to be a wasteland. [But] changing standards, we will no longer have any constraints in place to control that" growth.

One likely outcome of increased development in the city will be more portable classrooms on school sites. In an interesting twist from the widespread complaints about portable classrooms in Montgomery County, Moore and Councilmember Beryl Feinberg had praise for the humble "learning cottages." Portables are not "hell on earth," Moore said, noting that 4 of his 6 children have been in portables. Trailer classrooms are "a way to kind of even [growth] out in the short term, so that you don’t have to construct another school," Feinberg said. "I don’t think we should wholesale condemn them."

Newton was somewhat incredulous at these assertions. She said "learning cottages" was a term designed to avoid the fact that these classrooms are trailers, and that they take children "out of the learning environment," and pose serious safety and security concerns. "Do we want to put children in trailers?" she asked. "Let’s have a countywide discussion with the stakeholders they are talking about bringing forward," she said, referring to a dialogue being set up by County Councilmember Roger Berliner.  "Let’s help the county solve our problem."

The Mayor and Council will vote on the proposal this coming Monday, February 9; the meeting begins at 7:00 PM at City Hall.

ROCKVILLE RESIDENTS MISSING HOWARD, " THE WORLD'S BEST CASHIER " AT TWINBROOK SAFEWAY (VIDEO)

Shoppers at the Twinbrook Safeway are wondering why their favorite cashier was apparently let go by the store. Howard, an energetic and affable employee who brought game show enthusiasm to the checkout line, has been named "The World's Best Cashier" by one fan. You can see him in action in this video.

One shopper has written to the company asking for Howard to be rehired, and expressing concern about the decline of the store. "Many of us still shop there ONLY because the cashiers are wonderful people whom we appreciate and like, Howard and Ophelia especially," she wrote.

Given the preponderance of glitchy self-checkout machines and unmanned (and un(wo)manned) checkout lines in grocery stores these days, you'd think stores would want to hold on to popular and energetic employees.

ROCKVILLE BANS SELF STORAGE FACILITIES WITHIN 250' OF SCHOOLS

"WORK THIS DAMN

THING OUT"

Rockville's Mayor and Council voted 3-2 to ban self storage facilities located within 250' of schools last night, an action that will stop Siena Corporation's already-approved facility at First and Taft Streets in East Rockville. 

Nearby residents, and parents of children at the adjacent Maryvale Elementary School, have expressed concerns about pedestrian safety, crime, fires and even homeland security concerns, as cited by federal officials. Materials used in the 1993 World Trade Center and 1995 Oklahoma City bombings were kept in self storage units prior to those attacks.

Councilmember Tom Moore and Siena attorney Bob Dalrymple were having none of it. Moore has repeatedly asked Council colleagues to specify the perceived dangers, relative to other potential uses of the industrial site. He sought to delay the vote 30-60 days, to allow Siena to enter negotiations with residents to attempt a compromise.

Dalrymple was eager to do so. He implored the Mayor and Council to bring the citizens to the negotiating table, tell them to act like adults, and "work this damn thing out."

Suddenly, all of the previous public testimony and petition signatures were seemingly

back on the table again.

But only Councilmember Julie Palakovich Carr was willing to support Moore's work group proposal. The substitute motion failed 3-2. "This is where you lose me," Councilmember Virginia Onley said to Moore. She said the city is always free to participate in negotiations between an applicant and residents, but that it is not the city's place to create the group, or force residents to negotiate. Mayor Bridget Donnell Newton said, "it is not up to the city" to compel residents to enter negotiations. 

Dalrymple's performance proved ineffective. He reversed himself while pleading his case, initially asserting that Siena had never threatened to sue the city if it passed the ban. "It wasn't just you," Newton countered, but a second Siena attorney, as well. Siena's threats were reported by several media outlets, including the Gazette:

Asked after the discussion if Siena will pursue legal action if the measure is approved, Robert Dalrymple, an attorney representing the company, answered in one word: “Absolutely.”

"We're not going to roll over," Dalrymple answered, reversing his earlier claim.

At times, the vote took on the trappings of a public hearing. Residents testified that Siena has been "kicked out" of at least two communities where they had sought to build facilities, and that they had not been forthcoming about fire and crime incidents at their properties. "If you had done your homework, you would know this as well," one said to Moore. East Rockville resident Kashi Way said Dalrymple's sudden interest in negotiations was "a stalling tactic," noting that Siena could have arranged such negotiations weeks or months ago. "They had our addresses, they know where we live," Way said.

Dalrymple argued that there were really only 3 residents opposing the facility. "It's not just 3 people," Newton countered, noting the large number of petition signatures gathered, and turnout at public hearings in opposition to the proposal.

The ZTA passed 3-2, with Newton, Onley and Councilmember Beryl Feinberg voting for, and Moore and Palakovich Carr opposed.

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:

INDEPENDENT TRANSIT AUTHORITY PUBLIC HEARING DRAWS ANGRY CITIZENS

Using transit, 

"you lose an enormous amount of 

your productive hours waiting"

Tell me about it.

The disrespect of the citizens of Montgomery County in the Independent Transit Authority scandal continued Friday night, as the Montgomery County Delegation to the Maryland state legislature held a public hearing on bill MC 24-15 at the County Council Building in Rockville. After all the deception and dirty tricks of the previous 6 days, the shenanigans extended to the hearing itself.

Despite promises that the hearing would present a balance between those for, and opposed to, the bill that would create an unelected transit authority with unlimited taxing and eminent domain power, the deck was stacked in favor of the bill. Citizens already forced to race home from work to Rockville for a 6:00 PM start time arrived to find County politicians and developer-backed advocates for the bill ensconced at the top of the speakers list. That was just the beginning.

Not only did citizens and Ride On employees have to sit through a whopping 15 supporters of the bill before even getting a chance to speak, but those speakers and their allies in the delegation dragged out their testimony to around 90 long minutes. 90 minutes of mostly hot air. At one point, the delegation's chair, Shane Robinson (D-District 39) even spent time giving shout-outs to former delegates. Why they were even there makes no sense, but how about a "shout-out" to your constituents - the people who pay your salaries?

Earlier, Robinson tucked away the First Amendment, admonishing the crowd to forgo applause, "booing, and hissing." God forbid we'd have to hear any expression of the anger of the public after the outrageous deception that brought forth this ITA proposal.

Speakers for the proposed legislation were given extra time, and more extra time beyond that to fully flesh out ideas, cover all the bases, and complete actual thoughts. The taxpayers who paid for the hearing and the microphones? Two minutes, a full 60-seconds less than the 3-minute standard for public hearings at every other level of government. "I am John Smith, and I oppose the bill because...." [beep beep] "Wrap it up!"

The chair of the County Rapid Transit Task Force, Mark Winston, who was previously found to be in a position to benefit financially from the approval of a Bus Rapid Transit system and the development that would follow, had the laugher statement of the evening: "There is nothing sinister being proposed in this bill." Winston said the formation of the transit authority would "increase the sense of urgency" regarding construction of new transit projects in the county. But all of the urgency is really coming from the developers who will benefit from passage of MC 24-15.

Delegate Ben Kramer (D-District 19), one of the few outspoken critics of the bill (and one of the few who wisely voted Nay on the late filing of it in Annapolis) on the panel, asked Winston "are we perhaps putting the cart before the horse?" Kramer compared the idea of granting an unlimited funding mechanism before the details of the authority and the projects are even known to a kid demanding college tuition from his parents. That kid has no specific plans about college, Kramer said, but is simply "lookin' for you to pay for it," an allusion that drew raucous laughter from the packed hearing room.

Another Nay-vote, Delegate Eric Luedtke (District 14) was similarly skeptical of the bill, and the process that brought it to a sudden public surfacing last Friday. He mused aloud whether or not it might be sensible to simply have a public process and discussion on this at the county level through 2015, and then put forward a better bill in the 2016 session 12 months from now.

Luedtke's on-point questions also brought out a very significant aspect of the proposed authority I had never even considered. Because the ITA would not be backed by the "full faith and credit" of Montgomery County, it would therefore have to pay markedly higher interest rates - at taxpayer expense.

A common-sense idea from Delegate Aruna Miller (D-District 15) - who did vote for the bill, by the way - was to have the transit authority issue be put to a voter referendum in 2016.

But voters were still waiting to have their say last night. And waiting. And waiting.

Amy Ginsburg, Executive Director of Friends of White Flint, enthusiastically endorsed the bill, saying her group "looks very favorably" upon it. She claimed "the community rallied around" it, but strangely, none of those feverish fans ever showed up at the hearing last night to provide evidence of her statement.

Finally, a few detractors got a turn at the mic. One of them, Town of Chevy Chase Councilmember John Bickerman, scored several blows on the authority, and his testimony was referred to and seconded by many speakers through the long hours that would follow. He noted that the actual language in the bill "doesn't sound at all like what" its proponents testified at the hearing. The bill is actually a "backdoor property tax, an effort to circumvent the cap on property tax," he argued. One of Bickerman's comments which got a favorable response from the crowd, was his astonishment that "you have a public hearing on Friday night at 6:00."

Paula Bienenfeld, representing the Montgomery County Civic Federation, asked the delegation which of them traveled to the meeting by transit. No one raised their hand. The Montgomery County Council has famously had the same response when previously asked. Yet both bodies are asking the public to "get out of their cars." Winston, the Rapid Transit Task Force Chair once said "it has been a while" since he rode the bus. Hypocrisy at its best in all 3 cases.

Finally, someone pointed out the elephant in the room - the dirty tricks speakers list.

Twinbrook Civic Association representative Christina Ginsburg criticized the way the delegation "stacked this hearing" with supporters in the early, favorable slots (several reporters left early, and did not hear [and therefore will not quote] the later speakers). The crowd cheered, and one voice in the crowd bellowed toward Del. Robinson, "You said it would be pros and cons!!" That promise, of course, turned out to be hogwash.

Attacking the decidedly-unusual process by which this bill has been brought forth, Ginsburg said, "I'm appalled that you're lending your names and reputations to this kind of chicanery." She added that none of the jurisdictions cited as models in the county report allow what's in this bill.

"Kill this bill," county resident James Williamson said. He was skeptical of claims that the county should be trusted on this legislation. "Just look at the great work we did with the Silver Spring Transit Center," he noted sarcastically. County resident Tanzi Strafford concurred, citing the county's "history of incompetent transportation management." Williamson seconded Miller's suggestion of putting the matter to the public via referendum.

Joan Fidler of the Montgomery County Taxpayers League called the bill "a solution in search of a problem," and then went on to slice and dice it - and its proponents' arguments - to the delight of the crowd.

Jean Cavanaugh was one of several civic leaders to note that the short notice of the bill and public hearing did not permit enough time to engage membership on the proposal. Her Seven Oaks Evanswood Citizens Association's Executive Board is opposing the bill.

The Greater Four Corners Alliance is also in opposition to the ITA bill, and its representative Kevin Harris referred to the "undemocratic process" it has been rushed through.

Eileen Finnegan said Hillandale residents question the need for such a transit authority, and its Executive Board is likewise opposed.

Allen Myers, representing the Maplewood Citizens Association in Bethesda, said that a similar ITA proposal was only approved in the state of Florida after two voter referendums.

The Cherrywood Homeowners Association was also opposed. Their representative, Paul Jarosinski, said resident opposition was "almost unanimous." Jarosinski called the county's BRT plan "a forced redevelopment plan, rather than a transit plan."

Cherrywood's neighbors, the Greater Olney Civic Association, is equally opposed, particularly in light of the ITA's "unspecified borrowing and eminent domain powers." GOCA is also concerned that ITA debt would ultimately become the responsibility of the County, and its taxpayers.

Union leader Gino Renne expressed several reservations about the bill, including the open question of what would happen to current labor contracts under the ITA, and the fear of privatization. The room and hallway were packed with union members wearing yellow shirts. Some carried signs protesting the bill.

Even supporters of the bill thought it could use some significant changes.

Jay Corbalis, development associate at Federal Realty, argued "we need to offer more than sitting in traffic" as transportation options for young professionals. But he added that the development firm doesn't "support a blank check" such as the bill's language currently implies. Corbalis also said Federal Realty wants checks on the ITA's powers, and a cap on the amount taxes can rise.

Author, transit advocate and Bethesda resident Ben Ross (Action Committee for Transit) said he is concerned that the ITA proposed is not restricted to transit. Ross was particularly concerned that ITA funds could end up going to garage construction. He argued parking districts should not be placed under ITA control, and said the "bill as currently drafted won't provide that."

A spillover crowd, angry constituents, and the first sunlight to hit the ITA proposal since it was drawn up behind closed doors almost certainly will result in some changes to this bill. It could even be delayed a year for more public feedback, if politicians don't want to end up like their ousted counterparts in Arlington County. 

But don't expect the ITA to disappear, with so much developer profit at stake.

ROCKVILLE PLANNING COMMISSION SENDS MEMO ON APFS SCHOOL STANDARDS TO MAYOR AND COUNCIL

Ahead of a February 2 discussion and February 9 vote by Rockville's Mayor and Council on the proposed changes to school capacity standards in the city's Adequate Public Facilities Ordinance, the Rockville Planning Commission approved a memo expressing its opinion on the matter. The opinion is advisory to the Mayor and Council, separate from the actual legislation that will be voted upon on February 9. The memo was approved at Wednesday night's meeting.

In discussing the memo's final draft, prepared by Commissioners Charles Littlefield and Anne Goodman, some changes were suggested. Goodman and Commissioner Jack Leiderman agreed that a line proposing the city fully adopt the Montgomery County APFS, if the school standards were changed, should be eliminated. Leiderman said it would be preferable for the Mayor and Council to make changes in that event, rather than require automatic adoption of the County policy in whole.

Chair Don Hadley informed his colleagues that a pending Maryland court case could require delay of the city requesting an "authoritative interpretation" from the state's Attorney General's office on whether the Mayor and Council indeed have the authority to change the APFS. He said an Anne Arundel County case pending before the State Court of Appeals will determine if a jurisdiction can "have laws passed by the legislative body that are inconsistent with the Master Plan."

The case will involve the legal standing of a citizens association to challenge something inconsistent with a Master Plan. And how "inconsistent" is defined, Hadley said.

Hadley advised that requesting an opinion from Attorney General Brian Frosh be put on hold until the court rules in the Anne Arundel case, or else "we'd be asking the AG to get ahead of the court." He suggested the Attorney General could then issue an opinion. Hadley noted that the Attorney General's brief in the case reflects his office's Fall 2014 opinion that has raised the question of whether or not the Mayor and Council have the power to change school standards.

Commissioner John Tyner questioned if Commissioner David Hill's previous concern that the school changes might be unconstitutional should be written in authoritative language, or by stating the commission believes there is a chance it might be. Tyner suggested "may well be unconstitutional" for the language. The commission's "resident expert", Commissioner Dion Trahan, said that the argument wouldn't "hold water," in his professional opinion. Trahan holds a graduate degree in Constitutional law. No clear final language was stated aloud on that point.

Hill moved that the document be adopted and transmitted to the Mayor and Council by today. The memo was unanimously approved by the commission.