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.

SECOND PUBLIC HEARING ON ROCKVILLE APFS SCHOOL STANDARDS MONDAY, JAN. 26

The Mayor and Council will hold a second public hearing on the proposed changes to Rockville's Adequate Public Facilities Standards regarding school capacity, which have been proposed by Councilmember Tom Moore, on Monday, January 26. These changes would adopt Montgomery County's weaker school standard of permitting 120% overcrowding, and allow school capacity to be measured by cluster, rather than by individual schools, as the city does today.

Residents can sign up to speak by calling the City Clerk at 240-314-8280 by 4:00 PM on January 26. The meeting will be held at 7:00 PM at City Hall, and the public hearing is only one item on the evening's agenda. You can also sign up in person, but you will have to wait until the speakers who signed up in advance are finished.

One public hearing has already been held, and the Mayor and Council are scheduled to act on the proposals in February.

82 STEAK OUT CLOSES AT ROCKVILLE TOWN SQUARE (PHOTOS)

Another closure at struggling Rockville Town Square. 82 Steak Out, a well-reviewed and reasonably-priced steakhouse, has closed. Friday was its last night of operation. The restaurant, which opened slightly less than a year ago, had just received a rave review from the notoriously Montgomery County-averse Washington Post in November. A disappointing finish, but the reception bodes well for any future ventures by the owners. These pictures showing a darkened restaurant were taken at the height of the dinner hours Saturday night.

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

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

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

A reception will follow in the theatre's lobby.

MONTGOMERY COUNTY WHIPPED BY NORTHERN VA AGAIN

More evidence of Montgomery County's moribund economic development climate comes from commercial real estate firm CRBE's DC Tech Pulse: Metro Office Leasing Activity Snapshot report from December 2014. The study found that Northern Virginia's tech-related leases accounted for a full 70% of the region's total tech leasing activity in 2014. The DC suburbs in Maryland had a paltry 19%, in comparison.

While the study does reflect the success Montgomery County has had in the biotech sector, it shows several of the weaknesses we need to address in future economic development efforts. According to the report, Northern Virginia's tech leasing dominance was driven by high-tech and aerospace firms. Biotech is an important but small niche by comparison, and we can't compete on that alone.

In fact, the top 2014 lease in Northern Virginia, according to the report, was Northrop Grumman, who chose Virginia over Montgomery County in a humiliating defeat for politicians on this side of the river in 2010. Northrop occupies a full 309,757 SF at its Fairfax County space. The two next-largest tech tenants in Northern Virginia? Yep, both aerospace/defense firms - Argon ST and Boeing.

Now check out Montgomery County - the report cites 0% leasing by aerospace and defense firms in 2014. Zero! The county's largest tech lease in 2014? JDSU, a technology services firm in Germantown, with 45,726 SF, paltry in comparison to Northrop's.

The report also cites the proximity of Northern Virginia's "strong concentration of highly educated young knowledge workers" to that area's tech, defense and aerospace firms, a workforce Montgomery County has struggled to attract. Recent efforts to boost MoCo's nightlife have fizzled, leaving downtown Bethesda with less nightlife than it had just a few years ago. The County Council's efforts to make Uber and Lyft fares more expensive, ban e-cigarettes where traditional cigarettes are banned, and approval of the closure of Dave and Buster's are unlikely to increase the county's appeal to millennials.

How can Montgomery County revive its floundering economy? Better economic development incentives, a more business-friendly climate, a greater appeal to young professionals, and investments in highway infrastructure. The county had $4 million to spend, and put it toward securing a Costco store in Wheaton. By contrast, Arlington County paid the same amount to bring the Corporate Executive Board to a new Rosslyn office tower. CEB brought a couple thousand jobs, plus plans to add 800 new ones that average $100,000 in salary. Not exactly Costco wages, and only Montgomery County would try to use a Costco store as an economic development trophy.

What brings millennials to Northern Virginia and DC? Two big factors - high-wage jobs and (in only relative terms) affordable housing. Not luxury apartments. While nightlife is important, there's a reason new graduates across America move to Washington, DC rather than Las Vegas. Montgomery County hasn't added a single major corporate headquarters in over a decade, meaning it hasn't added any significant number of non-government high-wage jobs in more than 10 years. It also is demolishing affordable apartments in desirable areas like Bethesda, including The Hampden and several buildings on Battery Lane. Talk of redeveloping the Bradley Boulevard corridor suggests lower-cost housing currently rented by millennials there could vanish, as well.

Finally, there's no getting around (pun intended) Montgomery County's traffic gridlock, and lack of Dulles Airport access. Northern Virginia's job centers like Tysons Corner have far superior access to interstate highways and airports. The big international firms also demand direct access to Dulles Airport, and Montgomery County has failed to plan for or build the new Potomac River bridge that could provide such access. As such, firms continue to choose Northern Virginia. In fact, one perk in Virginia's incentive package for Northrop was a discount lease for its corporate jet at a Dulles Airport hangar. Not a Bus Rapid Transit pass.

Oops.

BACKYARD CHICKENS WOULD BE ALLOWED UNDER PROPOSED ORDINANCE

A new ordinance regarding pets and livestock was introduced at Monday night's Rockville Mayor and Council meeting, by Councilmember Julie Palakovich-Carr. Palakovich-Carr said she has held a public meeting, and meetings with the Animal Matters Board, the Environment Commission, and other relevant bodies in the city to discuss and refine the legislation. She said these revisions would equal or exceed the standards currently enforced by Montgomery County.

One provision would prohibit the possession of most wild animals considered "dangerous or exotic," including bears and wolves. Owners of rabbits, birds, fish and other non-dangerous exotic pets would no longer have to register with the city. If residents' exotic animals pose a threat to the public, they would be required to notify the police if those pets escape.

The ordinance would allow the city to designate off-leash play areas for dogs on city property. It would also establish a trap-neuter-return program for feral cats, with the goal of reducing their number over time, Palakovich-Carr said.

Goats could be utilize to remove or control vegetation, and up to 5 hens could be held in backyard coops and outdoor enclosures at single-family homes. A setback from homes and property lines would be determined at a future date. The coops and enclosures would be mandatory.

A public hearing will be held on February 9, 2015 on the proposed ordinance.

ROCKVILLE MAYOR, COUNCIL BRIEFED ON SWIM CENTER OPTIONS

The Rockville Department of Recreation and Parks presented an audit and options for repairs and improvements to the Rockville Swim Center at last night's Mayor and Council meeting. Smolen-Emr-Ilkovitch Architects (SEI) was hired by the City last year to conduct the audit. The 1968 facility remains a popular one for city residents and swim teams.

SEI's audit found the center generally in good condition, but identified code violations in the locker room and tot pool, and structural concerns in the outdoor filter room. Filtration systems in general could use an upgrade, and aging and deterioration need to be addressed where necessary.

The Mayor and Council have already approved a replacement of the South Pool Deck, and renovation of the HVAC system. That November 2014 decision is funding a new pool deck, repairs to the structural pool walls, and air quality improvements to the South Pool Natatorium.

In addition to making budget decisions about immediate, short and long-term renovations and repairs, several potential additions to the site were discussed.

Councilmember Virginia Onley said she would like Rockville's Swim Center to be upgraded to be competitive with Montgomery County's Kennedy Shriver Aquatic Center, which she said is drawing some Rockville residents away. Councilman Tom Moore recommended holded a town hall meeting to get public input on what residents would like to see added. Mayor Bridget Newton agreed, and said that, if a town hall meeting can't be held, there should at least be a public comment period added to a future Mayor and Council meeting for resident feedback.