Rockville Council vote delays action on procurement report until 2016

A 3-2 vote by the Rockville City Council last night will postpone implementation of a consultant's recommendations to address the city's purchasing problems until next year. The report, which cost the city at least $58,000, found serious flaws in practices, systems and employee knowledge of purchasing practices. On the positive side, no abuse or corruption was uncovered, and the consulting firm concluded that the city has the fundamentals in place to successfully turn around the problems.

But Calyptus Consulting Group's George Harris said the city's "huge backlog" in purchasing, and low satisfaction among customers, are serious enough to require some fundamental changes. Foremost among these, is having purchasing report directly to City Manager Barbara Matthews. That recommendation was a major topic of discussion between Mayor Bridget Donnell Newton and Councilmember Beryl Feinberg - who both called for urgent action on a government function that makes up 60% of annual city expenditures - and Councilmembers Tom Moore, Julie Palakovich Carr and Virginia Onley, who wanted to delay implementation of the report's recommendations in favor of further review by Matthews and the city's Financial Advisory Board prior to acting.

Feinberg said she had already identified changes proposed by the report that, in her analysis, could provide $3.1-4.96 million in cost savings to taxpayers. 

Moore agreed it was "an incredibly detailed" report "very valuable" to city staff in improving purchasing practices. But he challenged Harris on his recommendation to move purchasing under the City Manager's purview.

"We have a 220 page report, and two pages were spent on this particular item," Moore said, noting that only one of the jurisdictions Calyptus compared Rockville with - Montgomery County - uses such an organizational chart, and its budget is billions more than Rockville or the other municipalities. "Why would we be outside the mainstream," Moore asked Harris.

Harris said the change was justified by the huge purchasing backlog and low satisfaction ratings with the city's procurement actions.

Moore asked Harris if he thought the vacant procurement positions were a "major contributor" to those two problems. Harris said they were, but noted the Procurement Manager position had been vacant for a year. "It didn't seem like the attention was being placed in Purchasing," Harris said.

"We were down a couple of people in a small department," Moore continued, asking how that reality would justify the city treating procurement differently than other jurisdictions of similar size.

"The need is where you're at right now," Harris responded, arguing that the city's current need to address purchasing problems outweighed the factors that got it to this position. "You're in a special circumstance," Harris said. "I don't think you're gonna get the attention [required] by keeping purchasing in the department it's currently in."

Harris' report also found that the city's purchasing manual does not include over 25 areas of the city's purchasing code, that there was not a single purchasing report provided to the Mayor and Council that contained all of the necessary information elected officials needed to make decisions, that purchasing staff could correctly answer tests administered by the consultant only 44-56% of the time, purchasing was functioning at only 23% efficiency, there is currently no comprehensive system to track purchasing performance, there are no standardized forms or checklists across the purchasing system, that GAX payments or sole source bidding was being used in cases where they "should never, never be a sole source", and that P-card use was far higher in Rockville than in comparable jurisdictions.

Onley said, "This is a lot to absorb in one night. We need to step back, and figure out how we're going to tackle this." She suggested the City Manager decide how to implement the plan. Palakovich Carr concurred that Matthews should weigh in on the report before proceeding.

"I'm going to disagree," Newton said. "Those are things that need to happen right now." She said that the city had, in fact, just hired a Purchasing Manager, who will start this coming Monday. This would be the perfect time to switch to the suggested new system of reporting to the City Manager, Newton suggested. "As fiscal steward of our taxpayer money," Newton said, the Council shouldn't be second-guessing the recommendations.

The mayor also challenged Moore's earlier suggestion that understaffing was to blame for the purchasing mess. "The backlog didn't just happen in the last year," she said. "This is an ongoing issue. We need to stop burying our heads."

Palakovich Carr then made a motion to direct the City Manager to review the report, come back to the Mayor and Council in 90 days with her feedback, and allow it to be reviewed by the Financial Advisory Board.

Feinberg was livid. "90 days is going to take this report and put it on the shelf. To wait 90 days to get something back is going to get nothing done," she predicted.

Newton was also taken aback by Palakovich Carr's motion. "I am stunned by that motion, Councilmember." She said the report regards 60% of city expenditures. "Why would we wait another 90 days" to start saving money, Newton asked. "I'm flabbergasted." Turning around a talking point of her election opponents, the Team Rockville slate, she said, "It doesn't seem like people are ready to make the 'hard decision'. I'm really...I will not vote for that."

"90 days," Onley wondered aloud, "is that a long time?" "It is a lengthy report," Matthews said, whose remarks on the challenge of taking on supervision over purchasing gave cover to the political arguments for waiting to act on the report. Likening an immediate change to "flipping the switch," Matthews said she would "need to get up to speed." She implied that to have "an entirely new division reporting to me on Monday" would be difficult.

"I'm not comfortable with that," Feinberg said. "There's no way I'm going to agree to that." She said Matthews had sufficient experience and knowledge regarding purchasing to handle the new organizational chart.

"90 days is next year," Newton said. "I can read the tea leaves," regarding opponents' strategy in delaying the report's implementation. If the city were any other organization, and it had received a report like this, Newton argued, "heads would be rolling."

Palakovich Carr offered that if the length of the delay was the issue, "someone should offer an amendment to the motion." Feinberg offered one lowering the time to 30 days. Onley seconded it for the purposes of discussion, but concluded, "In light of [Matthews'] response, I can't vote for 30 days."

Matthews weighed in further, suggesting more "adequate staff resources" might be needed to handle the new responsibility. "30 days is too short," she said. "Would you agree, Councilmember Feinberg, that supervising someone takes time?"

Feinberg's amendment failed. 

Newton called a vote on Palakovich Carr's motion, which passed 3-2, with Newton and Feinberg dissenting. The report, and Matthews' analysis of its recommendations, will now await the next Mayor and Council who will be elected on November 3.

"Making sausage isn't pretty," Newton said. "We've seen some of the ugliness of that here tonight."

Photo courtesy City of Rockville

AT&T takes over Rockville RadioShack space (Photos)

The venerable RadioShack is gone across from Congressional Plaza in Rockville. After a vacancy of a few months, their space has been leased by AT&T. For those seeking a RadioShack, there is one still operating at Westfield Montgomery Mall.

Feinberg fires back at video attack at WECA debate in Rockville (Photos)

Updated 10/18/15: Three corrections were made to this article - the city gives $26,000 per year to Choice Hotels, not $2600, as mayoral candidate Sima Osdoby had incorrectly stated during the debate; a quote regarding Chestnut Lodge was incorrectly attributed to Council candidate Julie Palakovich Carr; and more detailed context has been added regarding the extent of the City of Rockville's contributions to Choice Hotels. I apologize for the errors.

A YouTube video posted by the mysterious entity named "No Funds Expended", mocking the similarities between Rockville City Council incumbent Beryl Feinberg's video candidate statements in this and the 2013 election, produced the closest thing to fireworks in the debate season so far last night. Titled, "Watch as Beryl Feinberg Phones it in", the video has been seized upon by supporters of the Team Rockville candidate slate to suggest Feinberg is not putting much effort into her reelection campaign.

While there is no public indication of who exactly produced the video, Feinberg returned fire at an unnamed "Rockville blogger" at the conclusion of last night's West End Citzen's Association Mayor and Council debate. She said the video "proxy for insolence" by detractors implied "that I am lazy and ill-prepared." Being consistent on the issues and keeping campaign promises is "something to celebrate, not denigrate," she said. Responding to the criticism that she was wearing the same outfit in both videos, Feinberg took something of a Carly Fiorina tack. "As a woman, I am thankful that I can fit into the same outfit. My husband appreciates my frugality," she said as the packed room roared with laughter and applause.

After the debate, Feinberg told me that the video sampled only 2 minutes out of her nearly 4 minute candidate statements.

This follows an early September blog posting by the campaign manager of the Team Rockville slate that characterized incumbent Mayor Bridget Donnell Newton as simply a "homemaker", which some of her supporters termed "sexist" for A) subtly implying there was something wrong with that career choice, and B) excluding her professional accomplishments in public service with local and regional organizations, and as an elected official.

The debate began with the mayoral candidates, Newton and challenger Sima Osdoby.

Mayoral candidate
Sima Osdoby during
opening statements

Incumbent Mayor
Bridget Donnell Newton

Osdoby gave some personal insight into how she became involved in community service in Rockville. Having a child who suffered from serious birth defects "made me recalibrate and change the direction I was going." She began volunteering with local organizations like Peerless Rockville and Children's Hospital. From her career working with organizations here and abroad that have dealt with very divisive situations, she said, "I have a long career getting people to agree on stuff."

Newton said that for neighborhoods like the West End, "the Master Plan and the zoning ordinance are the only guides for redevelopment. I understand the value of growth, and how it must be managed." The city's Adequate Public Facilities Standards, now weakened by a Council vote Newton opposed, was "the finger in the dike" to prevent development from outstripping infrastructure, she said.

WECA President
Noreen Bryant starts
the event

Moderator Sonya Green
prepares to ask the first question
of council candidates

Rockville Town Center remained a glass half-full/half-empty issue last night. Newton noted it got off to a rough start when it opened "right when our economy went into a tailspin." With eight restaurants opening in town center, and the Cambria Hotel and Suites "doing very, very well," she said there is reason for optimism. Newton acknowledged "there have been some stumbles along the way. Parking has been one of them." She has proposed having free parking on Friday nights and weekends, suggesting "the city needs to partner with the property owners" to resolve the parking issues many feel are a drag on the success of town center.

Osdoby agreed town center is "a great place," but argued for diversifying the mix of businesses there. The town center should be a place "not just to go out and eat, but to really be able to go and buy some stuff," she said. She recommended the northern phase have enough residential density to "support businesses." Osdoby also backed subsidies to attract companies. She said Rockville will put out $26,000 a year for six years to Choice Hotels, and is receiving $175,000 in annual revenue from Choice in return. "I wish my retirement fund was doing that good," Osdoby joked.

However, detractors of the Choice Hotels deal have noted the cost to city taxpayers far exceeds $26,000 a year. The total of that 6 year contribution of $156,000 cited does not include the other city expenditures in the deal. Those include $1,155,000 in parking incentives, a $2,405,078 New Jobs Tax Credit, and a $180,000 City of Rockville Permit Fee Waiver.

Add in the $980,000 grant for the just-opened Cambria Hotel and Suites, and the total taxpayer expenditure is $4,876,078. Assuming the $175,000 annual revenue figure over ten years proves accurate, the city would end up with a shortfall of more than $2 million. And some have noted that, under the deal, Choice could move out of its headquarters in only 5 years.

As a councilmember, Newton was not in favor of taxpayer subsidies for Choice, arguing at a recent debate that the hotel giant didn't need that much public money to be successful in Rockville. Osdoby has criticized her for that position in this month's debates. In response, Newton stressed she never opposed Choice moving to Rockville. Newton was referred to as the biggest supporter of Choice Hotels in Rockville by a company official at the Cambria grand opening.

Concluding the discussion of town center, Newton said she took advantage of a recent literary conference to try and attract a bookstore to town center.

On the question of whether or not megachurches and other large institutions should be allowed to open in established older neighborhoods like the West End, Osdoby said, "This is not the right place for it." Newton noted neighborhoods like East Rockville have had to deal with projects like the "White Whale". "We shouldn't have to sue our city to be able to protect the community we live in," she said.

Regarding the APFS change, Newton said "I was one of those who voted to maintain our APFS." Now that that tool is gone, she advocating continuing to increase efforts to convince the county and state to provide more school construction money. She said she would like Rockville to have the power to borrow money to build schools that Baltimore currently enjoys, and proposed the city "put a tool in place that does even more for us and our children than the APFS" did. Newton said she disagrees with those who believe the city must "open our barn doors" to unbridled development to get a new school built.

Osdoby again called the APFS a failed experiment. She said there needs to be a "reprioritization of how schools get built, where and when" in the County. But, she argued, "I don't think the city should be getting into the business of what our County does so well already."

The County "isn't doing it well," Newton countered. "If they were, we wouldn't have the situations we have. It's not working the way we're doing it. The APFS was the only tool we had. Now [after the weakening of it], over a thousand units are coming online."

Asked what the right building heights and density should be along Rockville Pike, Osdoby said, "When you have an asset - Metro - you want to have high density there. Somewhat taller buildings near the Metro stations, and somewhat less tall" as you move away from them. She said 12 stories might be the right height near Metro, but noted that total height would depend upon how tall each of those stories was.

Newton agreed that there should be taller buildings at Metro stations, but said she wants the city to foster "good development," rather than accept development for its own sake. She suggested the proposed width of the Pike be slimmed down, so that developers would have more of their land to build on, reducing their need to build higher if land was taken for access roads.

Moderator Sonya Green asked about the city's apparent movement away from family-oriented development to more transient, multifamily rental housing. Newton said single-family homes and townhomes are "where the people who are most invested in the city are." Osdoby said the city needs to "stay desirable," by adapting "to the changing needs and wants of the people who want to live here. It's taking longer to get to work. People don't want to do that anymore" in an area ranked as having the nation's worst traffic congestion. Newton lamented that many of the units being built are too small for families, and said the city needs to promote transit, such as the Circulator/trolley she has proposed.

Regarding the city's budget, Osdoby said, "I don't have the familiarity with the budget that any of the incumbents have at this point." But, she added, she has "overseen budgets. I've worked with very large budgets, so I know what to look for," such as identifying duplication and wasteful spending.

Newton said the costs of services are becoming "unsustainable" for many in the city who are on fixed or low incomes. She again referred to the Cost Allocation Program she opposed, recalling that "CAP buried the golf course. They went from being in the green, to sinking it." Newton said a study of purchasing and procurement on the agenda Monday night will end up showing "a lot of areas in which we can improve," and made the point that the study found the city is currently only at a 23% efficiency level. The financial advisory board she led the effort to create is "humming" today, after 5 years of effort, she said.

Council candidates (L-R)
Julie Palakovich Carr, David Hill
Clark Reed, Brigitta Mullican
and Beryl Feinberg

Virginia Onley, Richard Gottfried,
Patrick Schoof, Mark Pierzchala

The council debate considered many of the same issues. Green asked if the candidates agree with the city's Master Plan vision statement from 2002, which states: “Rockville will continue to be a city that emphasizes the characteristics of a small town community, offers an excellent quality of life, provides a responsive government serving its citizens, and has a distinct positive identity tied to its history.”

Brigitta Mullican said she would like to explore how Gaithersburg is offering the same kinds of services and quality of life as Rockville, but with a much smaller budget. Clark Reed asked if, with a population of 65,000, could Rockville really be called a "small town".

Noting that he had more land use experience than the other candidates, as a longtime member of the city's Planning Commission, David Hill said he actually was in a position to "change those words, and we decided not to." Nevertheless, Hill said, Rockville is "not a small town anymore." But he wants to ensure the city doesn't chase the level of density that is springing up north and south of it. Instead, it should distinguish itself as not part of that fad. "We want people to drive up Rockville Pike, enter Rockville, and go, 'Aaaahhh," Hill said.

Julie Palakovich Carr agreed that "we're not a small town anymore. Rockville is a bustling small city. We should be embracing that. We are a city now, and we need to be planning for it."

Feinberg suggested the city offer "more nighttime activities. A lot of things shut down at 8:00 or 9:00," she said. There should be more community centers west of I-270, as well, she argued.

Candidate attitudes toward the West End itself were interesting last night. The community is known as one of the most engaged in the city, and has often been influential in shaping the outcomes on controversial issues.

Patrick Schoof said, "The West End is what sold me on Rockville." Mark Pierzchala said that College Gardens, where he was president of the civic association, and Twinbrook were the only neighborhoods fully engaged on the zoning rewrite several years ago. "I could have used some help from other neighborhoods," he added pointedly. Hill admitted that his position on the APFS doesn't line up with the majority of West End residents', and conceded the political power of the neighborhood in the city. "I will not pander to you. It may very well cost me the election." Onley, the deciding vote on the APFS change, acknowledged that "some of you strongly disagree with me" on that issue. "You are a very well organized and politically-savvy organization."

On the question of whether the city should move away from a family-oriented community in terms of housing, Reed said, "I do think that we ought to have an emphasis on single-family homes." Echoing Newton's earlier statement, Reed added, "That's where people are most likely to be invested in the city."

"The biggest problem with families is the cost of living in Rockville," Hill said. Affordable housing by nature means multifamily housing, he said.

Palakovich Carr made the point that "our rental housing stock maintains diversity" in Rockville. She cited the fact that 81% of African-Americans in Rockville are renters, and nearly 50% of Latinos are, as well. Millennials, she said, are "looking for different things. A more urban lifestyle. they don't mind living in 800 square foot apartments."

Feinberg proposed a First Time Homeowner tax credit, to encourage those young residents to set down more permanent roots in the city.

"I embrace apartments," Mullican stated, because from a practical standpoint, there is no more space in the city to build single-family communities. She also said the demand is strong for rental apartments, which "fill up right away" as soon as developers deliver them.

Candidates were asked if the city should pay to acquire parkland, particularly along Rockville Pike as it redevelops.

Schoof said the city needs to make clear what exactly it wants regarding parks. Right now, he said, "developers are proposing ideas for us," because we haven't articulated what we want. "We need to do that," Schoof argued.

Gottfried drew chuckles when he said he hoped "developers don't think that having a picture of a tree on the side of a building counts as green space, as they do at Pike & Rose," a new development south of Rockville.

"We need to demand" green space and parks, Virginia Onley said. "That should be a requirement, that they give us gathering space for families and parks."

Pierzchala advised the city try to work with the hundreds of landowners along the Pike to consolidate pieces of land for larger parks. "You don't want these postage stamp-size parks" that will otherwise result, he said.

Asked if they support the new plan for townhomes on the footprint of the former Chestnut Lodge, Gottfried replied, "No, I do not. It doesn't fit the character of the neighborhood." In knocking on over 5000 doors, he said, he has heard many ideas from voters on potentially better uses of the site, such as recreation facilities or a park.

"Unfortunately, you know, you can't force someone to change their property," Onley observed. However, she said, "I don't support the townhouses," and would rather see the old condominium plan be brought back.

"People do have property rights," Schoof said. But the Chestnut Lodge site "has historic value. I've been to the site. I've walked it." He noted that he signed the WECA petition to oppose the townhome plan.

There were differences of opinion on how heavily citizen opinions expressed through public hearings, and other feedback, should be considered by councilmembers. Gottfried and Schoof made the strongest statements about honoring the wishes of their constituents. "If 90 residents come up, and four civic associations," Gottfried said, harking back to the contentious APFS public hearings, "I'm listening to you."

Schoof said the city needs "officials who have not already had their minds made up" when they take office.

Mayor and Council candidates debate at Rockville Senior Center (Photos)

The Rockville Senior Citizen Commission hosted a candidate forum Wednesday at the Rockville Senior Center. All candidates for Mayor and Council participated in the forum, which was well-attended.

Incumbents listed their accomplishments on behalf of seniors, and all candidates discussed what they would do to address the concerns of a demographic that now makes up a quarter of all residents in the city.

Mayor Bridget Donnell Newton
delivers her opening statement

Current mayor Bridget Donnell Newton said the city needs to help seniors "not just to age in place, but to live in place." She said she had advocated for funding for the Senior Center's fitness center, bus route and hiring of new staff. Challenger Sima Osdoby assured voters senior services would be a priority, because "I'm one myself, and I want to stay here. That's one of the reasons I'm running."

Mayoral candidate Sima Osdoby
makes opening remarks

Asked what the issue of primary interest to residents over 60 is, Osdoby said it was "making sure we retain the outstanding city services the city is known for, without raising taxes to do it." Newton answered, "affordability." She said she was the biggest opponent of the Cost Allocation Program, that overburdens those on fixed incomes with higher fees on trash collection, and water and sewer services. "Some of our increases are unsustainable," Newton said, arguing those services should be funded from the general fund.

The moderator asked both mayoral candidates what they would do to encourage seniors to stay in Rockville. Newton said she would expand opportunities at the Senior Center, such as adding a coffee shop. She said senior education, cultural, and fitness programs should be expanded. Osdoby said the city needs to remember not all seniors are alike. Some are very active and remain employed, she said. To that end, she said the city needs a variety of housing types to serve a variety of seniors.

What part can the Senior Center play in reaching an increasingly diverse city population, candidates were asked. Osdoby replied that newcomers from some countries may be wary of authority figures from the government, or police. The city needs to make sure those residents "know they are being helped." Newton said the Senior Center Study is critical in reaching seniors. It would include interviews with over 40 stakeholders who serve seniors with non-profits and other organizations, and focus groups. The study would identify areas of overlap in services, and also the gaps, she said.

Osdoby promised to adapt the city to "the new needs for seniors, for kids, and for the millennials," by "thoughtfully re-energizing [Rockville] Pike." Newton said she would advocate for a Circulator bus or trolley, and policies that give seniors "the choice to stay where friends are, where the streets are safe," and where there is easy access to public transportation.

L-R: Beryl Feinberg, Virginia Onley,
David Hill, Brigitta Mullican, and
Patrick Schoof

In a second forum, City Council candidates Beryl Feinberg, Richard Gottfried, Julie Palakovich Carr, Clark Reed, Patrick Schoof, David Hill, Virginia Onley and Mark Pierzchala discussed many of the same issues.

L-R: Richard Gottfried, Mark Pierzchala,
Julie Palakovich Carr, Clark Reed,
Beryl Feinberg, Virginia Onley

Gottfried vowed to help seniors age in place, promising he would vote to limit tax assessments on houses of those 65 and older to 1 or 2%. Knocking on hundreds of doors recently, Gottfried recalled, the "number one complaint from seniors is that [they] cannot afford to live in Rockville anymore."

Pierzchala touted his accomplishments for seniors during his prior service on the Council. "I was the one who got things done," he said. "I funded your fitness center." He also said he helped secure conduit bonds for improvements that helped seniors at the National Lutheran Home. In 2013, he said, he supported expansion of the homeowners tax credit.

Palakovich Carr said a water conservation program she spearheaded is saving fixed-income residents $100 or more a year in savings on water bills. She proposed charging residents for the amount of trash they generate to encourage a reduction in trash versus recycling.

Reed said he would "prepare the city for a future that is quite different from the present."

Feinberg said she "led the charge for the Senior Center Study," and advocated for the generator at the Senior Center.

One reason Onley voted to weaken the city's Adequate Public Facilites Standards on school overcrowding, she said, was to encourage development of affordable housing so "seniors like you and me can afford to live in Rockville. We should be able to stay here throughout our golden years." Onley said she was the first non-senior to ever serve on the Rockville Senior Citizen Commission. With her professional background at IBM, she said, she was an effective advocate for adding a computer lab to the senior center even as many predicted "seniors and computers would never fly."

Hill cited his vast experience on the Rockville Planning Commission, where he has been hands-on in approving and shaping multiple developments that served seniors and the disabled, including the Victory Housing project.

Mullican said her parents had to move out of Rockville due to the cost of living there, saying that personal experience would motivate her policies to help other seniors age in place. "I know what it's like to have income that has not increased," while fees and taxes have, she said.

Schoof said he has worked on programs as a consultant that helped seniors here and abroad. He said Rockville needs to address a senior population that has increased 24.7%, and will double by 2060.

On the question of whether seniors should get a discount on city taxes and fees, Onley answered, "Well, being a senior, I definitely want a discount," to chuckles from the crowd. But realistically, she said, the city should at least try to minimize or avoid increasing those taxes and fees.

Feinberg said, "age is not the issue." Means-testing is the more sensible way of determining who should get a discount.

Gottfried said he wants to increase the amount Parks and Recreation spends on senior programs. He noted that spending for seniors is currently only 8% of that budget, while seniors make up a much larger portion of the population than that. He also proposed giving out more taxi subsidy tickets, and creating a list of volunteer drivers to help seniors run errands and reach medical appointments.

Pierzchala noted that only a fraction of Rockville's seniors are members of the Senior Center. He suggested having satellite programs that would be closer to more seniors across the city.

Reed and Palakovich Carr said seniors could more easily renovate and retrofit their homes for aging in place if the city permitting process was streamlined. They both said their own home improvements made them realize the current permitting system is "onerous." Putting the system online would also help, they said.

Rockville Planning Commission approves Avalon Bay project, mulls new tools to control school overcrowding

A development project delayed repeatedly over the last decade had yet another scare last night before the Rockville Planning Commission. But Avalon Bay's Twinbrook Station apartment site plan ultimately gained approval, before the end of another epic Planning Commission meeting - a meeting that began last night at 7:00 PM, and ended early this morning.

Avalon Bay has proposed building a 55' high, 238-unit apartment building at 12720 Twinbrook Parkway. There will be 24 studios, 115 1-bedrooms, and 99 2-bedroom units, and a 351-space parking garage. Thirty units will be set aside as affordable housing. Amenities promised include a swimming pool, fitness center and club room. Despite the Twinbrook Parkway address, the main driveway access will be off of Ardennes Avenue.

The project site is less than a quarter mile from the Twinbrook Metro station. Ranging from only 3-4 stories despite that transit-oriented location, the project had to also balance its proximity to the single-family home neighborhood directly adjacent to it. Commissioners - including Jack Leiderman, who cast the only dissenting vote against the plan - praised the applicant for its restraint on height and density.

View of rooftop deck at
future Avalon Bay Twinbrook
apartments, including
outdoor grill station

Concerns mostly centered on its impact on schools, including Twinbrook Elementary; traffic circulation; and public safety.

The school question caused the commission to briefly jump ahead to a discussion of what school capacity data it should consider related to projects, which had originally been confined to a later agenda item. Leiderman argued strongly that - despite this year's decision by the City Council to allow more overcrowding, by weakening Rockville's Adequate Public Facilities Standards on school capacity - the Planning Commission retains significant oversight authority and responsibility to ensure adequate classroom space.

“I do have one concern here that has to do with schools," Leiderman said of the Avalon Bay project. "Twinbrook Elementary is struggling with being over-capacity. The APFS standard, per se, when we go to the finding that we would make…the standard number three about the adequate public facilities standard…that does not preempt a municipal planning commission from taking into account what’s going on at a local school near the site."

While Avalon Bay's projected student impact "may not trigger an automatic moratorium, I would contend that the planning commission still” has authority to consider the capacity of schools in that cluster, Leiderman suggested. He recalled that Councilmembers Tom Moore and Virginia Onley, in voting for the APFS change, "made the point that nothing in the APFS change restricts the planning commission from evaluating [school capacity] on a case-by-case basis. I take that to heart [in considering] the general welfare finding. I’m not equipped with enough data to make a finding."

“We suggested that that’s not appropriate,” planning staff liaison Andrew Gunning said of why staff was not furnishing all of the numbers Leiderman and others have requested. Because the city has adopted a new standard, it should stick to that in measuring impacts of developments, Gunning argued. “To look at two different sets of measurements…would be really confusing and introduces a lot of, just, confusion,” Gunning said.

Leiderman replied that detailed data is necessary for the commission to holistically consider whether or not there are adequate public facilities to permit approval of a particular application. As it stands, “I don’t have the information I would need as a commissioner to do due diligence to make a finding,” Leiderman said.

Commissioner John Tyner disagreed. “We are bound by what current law is. That is what staff has based their recommendations on,” Tyner said.

But the "legislative intent behind [the current law] was that the commission still uses its judgement," Leiderman said. “If site plans were simply based on numbers, we wouldn’t need commissioners. [Considering school capacity] is still in our purview.”

Avalon Bay's attorney, Barbara Sears, objected to the late discussion of new school-capacity criteria. "I believe in the rule of law," Sears said regarding the new APFS revision. "I know you’re disspointed it was adopted, but the city has adopted" a lower standard.

Commission chair Don Hadley agreed with Sears in principle, suggesting that Avalon Bay - as the first applicant to come before the commission under the new standards - shouldn't be penalized for that random fact. He concurred with the idea of the commission discussing new tools it could utilize to fulfill the responsibilities Leiderman suggested were within its authority over schools. But, Hadley said, "this is not the project" to have that discussion around.

With school concerns off the table, there were not any issues that threatened to derail the project.

Regarding traffic, some commissioners were concerned that the Ardennes access would have a negative impact on streets like Halpine Road. Katie Mencarini of the Rockville Department of Public Works said that traffic studies showed the Avalon Bay development would actually generate less vehicle trips than the previous office use.

Leiderman, in discussing the lack of rear driveway access for firetrucks, segued into a discussion of a catastrophic fire at another Avalon Bay development in New Jersey. That fire left 1020 residents homeless, and is the subject of ongoing litigation and investigation by authorities, Leiderman noted.

Avalon Bay's Martin Howle acknowledged the January blaze at its Avalon at Edgewater apartments was "clearly a tragedy." New Jersey fire officials blamed that five-alarm inferno partly on the building's "lightweight wood construction," according to NJ.com.

But, Howle asserted, "the building actually performed the way it was supposed to," allowing occupants to escape. He said Avalon Bay has hired safety officers since the fire, and promised their Twinbrook project would have an "upgraded fire suppression system," beyond what current regulations require of developers. "We take these issues very seriously," Howle assured commissioners.

Commissioner David Hill questioned if there would be sufficient parking, were the 2-bedroom unit tenants to have more than 1 car. Sears said the parking-to-units ratio at Twinbrook would be 1.5, higher than the 1.2 average among other Avalon Bay properties. Hill also expressed concern over the lack of employment in the all-residential project. Sears replied that the primary motivation for the 100% residential proposal was that "the community didn't want to see retail in there." She noted that there are many jobs available within short walking distance of the site, most notably at the Department of Health and Human Services site.

Tyner moved to approve the site plan. His motion was seconded by Commissioner Anne Goodman. Commissioners approved the project by a 6-1 vote, with Leiderman dissenting.

The commission held a short discussion of the APFS staff report, but decided to postpone an in-depth conversation due to the early morning hour. Leiderman mentioned that courts have ruled schools are a local concern, meaning that the city could write laws regarding them, even if it doesn’t directly control them. He also suggested there needs to be an adequate public facilities element in the citywide Master Plan the commission is currently working on.

Renderings courtesy Avalon Bay and
SK+I Architecture
All rights reserved

Report to Rockville Planning Commission shows effect of APFS school capacity change on student generation

The Rockville Planning Commission will take public testimony on the city's Bikeways Master Plan at its meeting tonight at City Hall at 7:00 PM. Also on the agenda are the much-discussed Avalon Bay townhome proposal for Twinbrook Parkway, and the future Richard Montgomery Elementary School No. 5.

One other notable agenda item: a report from city staff showing an estimate of 127 students being added to the Richard Montgomery school cluster, by projects proposed since the City Council voted to weaken the Adequate Public Facilities Standards for school capacity. Prior to that change, only 64 students were expected to come from projects already in the development pipeline, according to the memo.

The total will now be 191 students.

Rockville Town Square ice rink under construction (Photos)

Word has it a chill is going to descend upon the area late this week. Appropriately, workers are now assembling the ice rink on the plaza at Rockville Town Square.