Rockville’s $307,093 Question: What Led to City Manager DiSpirito’s Resignation?
The cause of former City Manager Rob DiSpirito’s resignation in August remains a mystery except that we now know that it cost the City of Rockville $307,093.21, including $229,630.98 representing nine months’ salary and benefits and $77,462.23 for unused vacation time. It’s an extraordinary expense for the City of Rockville which so far remains unmentioned by the Mayor and Council and would be equal to:
- Ten years of the Senior Nutrition Program ($30,070 per year according to the upcoming agreement to be approved by Mayor and Council at Monday’s meeting).
- Salaries for three to four police officers ($70,036.00 – $105,429.00 annually according to the latest job posting).
- All computer and communication equipment expenses for the City ($259,880 in the FY 2024 budget)
- Janitorial services for all City facilities for a year (almost! annual expenses are $364,840 in the FY 2024 budget)
- Annual property tax for 175 houses (if $600,000 is the average cost of a house in Rockville and tax rate is $0.292 per $100 of assessed value on real property = $1,752.00 per house)
Why would someone who has gone through a Performance Improvement Program and then resign be entitled to a severance package? According to his 2016 contract, “the City shall have no obligation to pay the one-time lump sum cash payment and shall have the right to immediately terminated this Agreement without payment of any further compensation to the City Manager” if he commits “any act which involves moral turpitude.” Obviously, no moral turpitude occurred or he wouldn’t have received a severance payment.
So under what circumstances could the City Manager receive a severance package? His 2016 contract states that the “City may terminate the City Manager at any time for any reason including, but not limited to, a conflict in management style or philosophy” and if the “City Manager is still willing and able to perform the duties under this agreement, then, in that event, the City agrees to pay the City Manager a one-time lump sum cash payment equal to nine (9) months’ aggregate salary.” Hmm. So there’s a reason for his resignation, or should we say termination, but no one has provided an adequate explanation.
Rob DiSpirito has refused to explain why he resigned, but that’s because his 2023 Settlement Agreement requires that he “shall keep the terms of this settlement completely confidential, and that confidentiality is an essential element of the settlement itself” nor can he “directly or indirectly, engage in communication or conduct that disparages the City, its elected officials, officers, employees or agents or make any negative statements about the employment practices of the City.”
The Mayor and Council is not required to keep this confidential, but unfortunately, they’ve insisted on secrecy. Indeed, obtaining copies of the City Manager’s 2016 Employment Agreement and 2023 Settlement Agreement required invoking the Maryland Public Information Act. What is the Mayor and Council hiding that’s worth $307,093? If there’s a “conflict in management style,” let’s discuss it and stop guessing. Mayor and Council, where are you leading the City? Right now you’re being sneaky and opaque—exactly the opposite of good governance. Mayoral candidates Ashton and Pierzchala, will you be able to bring better governance and transparency? What will you do better and differently than Mayor Newton? Or is just more of the same?
October 30, 2023: Response from Mark Pierzchala, Rockville City Councilmember and candidate for Rockville Mayor:
In your October 29 post about Mr. DiSpirito’s departure, I remind you that in May, it was I who wanted to end the drama at that time. The Performance Improvement Plan (PIP) was unwarranted for such a senior manager.
The date of the closed August 17 meeting, concerning Mr. DiSpirito’s status, was chosen because that was after the 3-month ending of the PIP. Note that the August 17 meeting was held during the Mayor and Council summer recess.
I was the one who took the August 17 closed-session minutes. These were typed up immediately after that meeting and sent confidentially to my colleagues before 8 pm on August 17. The length of time it took to officially approve them, over 2 months later, is not appropriate. Indeed, Mayor Newton pulled them off the October 9 consent agenda.
The August 17, 2023 closed-session minutes were approved at the October 23, 2023 meeting, as were the September 11 minutes. Since the August 17 minutes were from a closed session, they are to be included in the September 11 minutes when these are put on the City’s website (the September 11 meeting was the next public meeting of the Mayor and Council). In the August 17 minutes, you will see the motions and results that led to Mr. DiSpirito’s departure. These minutes should soon be posted.
There is no reason for Mayor and Council to hide actions and votes from a closed session. Some of the information presented therein should be kept confidential, but the resulting decisions should be made public in a timely manner. That is what I will achieve as Mayor.
Rockville Mayor and Council Set to Approve Tower Oaks Development in Final Meeting for Newton and Feinberg
At its Monday, October 30, 2023 meeting, the Rockville Mayor and Council will approve the Tower Oaks townhouse development, possibly adopt the pedestrian master plan, and discuss the City’s personnel manual and County’s development impact tax. On the Consent Calendar (items approved without discussion) are right-of-way agreements for Joseph Street, reclassifying a private road to a public street with waivers for the Tower Oaks townhouse development, contracts to perform stormwater cleanouts, asphalt-concrete improvements to city parks, for the Linkages-to-Learning program and Senior Nutrition Program, among others. The Mayor and Council will also receive reports on the police department deployment plan (which includes the most recent crime report for Rockville, see figure 1). Strangely, the recent issues with the election are not on the agenda (but I suspect they will be mentioned in Community Forum).
This will be the last Mayor and Council meeting attended by Mayor Bridget Newton and Councilmember Beryl Feinberg because they are not seeking re-election; a reception in their honor will be held at 5:00 pm.
The Mayor and Council are conducting hybrid meetings. If you wish to submit comments in writing for Community Forum or Public Hearings, please email the comments to MayorAndCouncil@RockvilleMD.gov by no later than 10:00 a.m. on the date of the meeting.
More details in the 320-page agenda packet are available at https://www.rockvillemd.gov/AgendaCenter/ViewFile/Agenda/_10302023-7043.
A Week of Surprises on Rockville’s Campaign Trail
It’s been a very strange week on Rockville’s campaign trail, starting on Monday at the Mayor and Council meeting and ending with a conversation in the parking lot after the Candidate Forum on Thursday night.
The Mayor and Council meetings often start with a half hour of proclamations highlighting a particular person, anniversary, or community issue, each read out by a council member without any drama. The October 2, 2023 meeting followed this tradition with the 45th Anniversary Art in Public Places Program, Arts and Humanities Month, Breast Cancer Awareness Month, Domestic Violence Awareness Month, Indigenous Peoples’ Day, and Walktober but things went strangely awry. In the agenda, David Myles was assigned to Domestic Violence Awareness Month, an ironic choice give his recent arrest for an assault on his wife. That must have caught someone else’s attention in City Hall because Myles was reassigned to Breast Cancer Awareness Month at the last minute. Council Member Myles, who participated in the meeting remotely, didn’t agree with the change and voiced his concerns during his presentation, and then proceeded to discuss domestic violence instead of reading the proclamation on breast cancer awareness. Mayor Newton attempted to interrupt him but they merely wound up talking over each other, making an uncomfortable mess, leaving it to the Mayor to read the proclamation on Breast Cancer Awareness Month. You can watch this unfold online at “Proclamation Declaring October 2023, at Breast Cancer Awareness Month (CM Myles).”
The Candidate Forum on Thursday, October 5 hosted by Community Reach of Montgomery County with Rainbow Place Shelter at the F. Scott Fitzgerald Theatre demonstrated the extraordinary challenge that voters will have when faced with a dozen council candidates. Although we’re mid-season, most candidates haven’t managed to distinguish themselves and are relying far too much on platitudes and vague statements about leadership, neighborhoods, vacancies, residents, funding, taxes, transparency, experience, city services, safety, housing, green space, diversity, partnerships, and sustainability, so they all seem to offer the same ideas and solutions. Here are some potential distinctions among them, but can you identify who they are (and more importantly, does it matter?):
- “I’m the only candidate that lives in Town Center.”
- “I led the effort to tie funding for our needs-based organizations to the cost of inflation.”
- “There’s a need for more live music in Town Center and throughout the city of Rockville.”
- “While on the Charter Review Commission…[I] routinely brought up the issues of justice and equity.”
- “I am disappointed in the vacancies in Town Center.”
Confusing matters, many talked out of two sides of their mouth: “we’re doing well on diversity but need to do more” or “we are a safe community but must hire more police” or “we need more live music and parks but we have to reduce expenses.” Part of it is due to the pressure to avoid alienating potential voters, but it’s also due to the nature of Candidate Forums: demanding simple answers to complex questions. At the Forum, a couple candidates had 90 seconds to answer:
- What are the problems you currently see facing Town Center and how do you intend to address them?
- Nonprofit organizations cover many services for city residents that Rockville helps to fund through grants. Is there too much funding going to nonprofits or not enough? Is the city funding the most important services? Does the city get the best bang for its buck through the nonprofits that provide those services or would you recommend increasing city staff to provide such services?
Complex, compound questions can be tricky for both seasoned politicians and newcomers. Experienced politicians will sidestep parts of the question, while new candidates may struggle to provide clear answers due to lack of knowledge or experience, resorting to vague statements to avoid embarrassment. Neither helps voters make informed decisions. For clearer answers, forums should pose simple, open-ended questions. Providing questions in advance could also lead to better responses. While spontaneous answers can reveal a candidate’s values and superficial knowledge (gotcha!), they don’t necessarily reflect their critical thinking on specific topics like Town Center, Red Gate Park, or the city budget.
But even if questions are provided in advance, some candidates will be unprepared. The October 5 Candidate Forum addressed the referenda questions on the November ballot, which have been discussed by Mayor and Council for the last year (see Board of Supervisors of Elections Recommends Lowering Voting Age to 16 and Mayor and Council to Choose Earmarks and Decide Upcoming Election Changes), so every candidate should be prepared with an answer. The issues of lowering the voting age to 16, permitting noncitizens to vote, setting term limits, and creating representative districts are quite familiar to Council Members David Myles and Monique Ashton, yet were strangely unwilling to state their conclusions. In his closing remarks, Myles stated that “voting is private matter” and provided an “outline of his philosophy” so that voters might guess at his answers (perhaps he prefers that the City Council vote in secret?). Mayoral candidate Monique Ashton held up an illegible handwritten sign that elicited groans from the audience, who eventually was asked to read it out: “I will listen, convene, and do what I think is best for Rockville.” It’s a non-answer that anyone running for office can spout, but certainly not appropriate for a current council member running for mayor. Voters “hire” the Mayor and Council to lead the city; we need to know what you think and where you’re taking us.
Finally, the strangest event of the week occurred after the October 5 Forum in the parking lot. I ran into a candidate for the Rockville council who pointed out an error in my post about their voting record. They told me they had voted in the 2019 election and thought I had used an incorrect 2019 voter list provided by the City of Rockville. They also mentioned that they had notified the City Clerk about this mistake. So, on October 6, I contacted the City Clerk’s office to request an updated voter list, as the one they gave me in September 2023 seemed to be incorrect. They responded quickly, but instead of giving me a corrected list, they directed me to the State of Maryland. This was very strange. The City Clerk’s Office didn’t show any concern about the potential error in the 2019 voter list—it could suggest there are errors in the voter list for the upcoming election. Hmm. There are several ways to get at this without the City’s cooperation. It’s slow and costly, but I’ll keep at it. Hopefully, I’ll have answers before the election.
Mayor and Council to Approve 82-Townhouse Development Despite Environmental and School Capacity Concerns
At its Monday, October 2, 2023 meeting, the Rockville Mayor and Council will discuss permission to build 82 townhouses at 2200 Tower Oaks Boulevard and reduce parking by 18% at 2000 Tower Oaks Boulevard. On the Consent Calendar (items approved without discussion) are increasing funding for stormwater management from $95,000 to $422,000 and appointing David Sklar to the Board of Supervisors of Elections. The Mayor and Council will also receive reports on the Seven Locks Road Diversion Center (aka “county jail”), Financial Advisory Board, and Pedestrian Master Plan.
The Planning Commission, Bicycle Advisory Committee, and Pedestrian Advocacy Committee reviewed and approved the proposed 82-townhouse development, but strangely, the Mayor and Council excluded the Environment Commission and Education Commission. This project will replace about 10,000 sf of forest and with 7,600 sf of “new” forest; is adjacent to a stream; and subject to an existing Forest Conservation Plan (pages 47-8)—aren’t these environmental issues? For those who are concerned about school capacity in the Richard Montgomery Cluster Area, the proposed townhouse development will generate 18 students at the elementary school grade level; 10 students at the middle school level; and 14 students at the high school level (page 44). That means capacity is expected to rise to 99% for Bayard Rustin Elementary School, to 95% for Julius West Middle School, and to 123% for Richard Mongomery High School. By fall 2027, however, “capacity at Richard Montgomery is slated to be adequate due to an approved CIP project that will reassign students among Gaithersburg HS, Richard Montgomery HS, Quince Orchard HS, Thomas S. Wootton HS, and Crown HS.” What’s the purpose of the Education Committee if they aren’t aware of one of the most contentious school issues?
On pages 135-166, the Financial Advisory Board, chaired by Bob Wright, presented its FY2023 Annual report and found no discrepancies in Rockville’s financial reports; had no recommendations on the financial policies (although noted that no policies on donations was needed); found that the investment portfolio declined in value due to rising interest rates; stated that the city staff had done an outstanding job in preparing the annual budget; made three recommendations regarding the Capital Improvements Program; made complex findings and recommendations regarding the 2015 Purchasing Study; reported that the City has spent nearly $6 million on the King Farm Farmstead (and noted that the Mayor and Council do not agree on future uses); and that City is making good progress on including performance measures in the budget.
On pages 167-189, the Pedestrian Master Plan seems to be running ahead of itself and should take a step back. It offers five goals and ten recommendations, but nothing sufficiently specific nor any priorities to help the Mayor and Council know what to do next and why. Strangely, the Traffic and Transportation Department is hoping to propose an ordinance to City Council on October 23 even though the nearly 300 public comments collected since May haven’t been summarized (it doesn’t even close until October 13!). Perhaps they’re trying to get in done in “Walktober” month but it looks like they need to do a lot more research and analysis. For examples, here are pedestrian master plans from Portland and Seattle. Let’s hope the Mayor and Council provides clarity on expectations for a master plan.
October is National Arts and Humanities Month and the Rockville’s Cultural Arts Commission recommends that you celebrate by reading book, putting your child’s art on the fridge, and singing in the car, among others. Alas the expectations are pretty low, so here are five better suggestions from the non-human ChatGPT:
- Visit a Local Museum or Art Gallery: Explore the rich cultural heritage and artistic talent in your community by visiting local museums and art galleries.
- Attend a Workshop or Lecture: Many institutions offer workshops, lectures, or webinars during National Arts and Humanities Month. These can provide a deeper understanding of various art forms and humanities topics.
- Participate in a Community Art Project: Engage with your local community by participating in a collaborative art project or humanities event. This could be a mural painting, a community theater production, or a local history project.
- Read a Book: Celebrate the humanities by reading a book on a topic you’re interested in, such as history, philosophy, or literature. Consider joining a book club to discuss and share insights.
- Support Local Artists and Scholars: Purchase artwork from local artists or attend performances and presentations by local scholars. Your support can help sustain the arts and humanities in your community.
The Mayor and Council are conducting hybrid meetings. If you wish to submit comments in writing for Community Forum or Public Hearings, please email the comments to MayorAndCouncil@RockvilleMD.gov by no later than 10:00 a.m. on the date of the meeting.
More details in the 197-page agenda packet are available at https://www.rockvillemd.gov/AgendaCenter/ViewFile/Agenda/_10022023-7016.
Councilmember Pierzchala Announces Independent Run for Mayor
In response to Councilmember Myles’ arrest, Councilmember and candidate for Mayor Mark Pierzchala issued the following statement:
While we are still learning about the events that led to the arrest of Councilmember David Myles, I want to publicly state that I condemn domestic violence and all other forms of abuse. The harms of domestic violence go beyond the physical. No one should live in fear of those they love.
As a mayoral candidate, I am running independently, and not in conjunction with CM Myles or others at this time. I look forward to making sure that our City has the leadership it needs in the next term.
Mark Pierzchala
Rockville Town Center Dominates Community Discussions in January-March 2023
Based on an analysis of the minutes of the Rockville City Council by ChatGPT, the top five most discussed topics in the community forums from January to March 2023 seem to be:
- Town Center Parking and Plan: This topic was mentioned multiple times—what’s the future hold for downtown after the recent seismic shifts in the economy and work?
- Streetlights and Roadway Pothole Repairs: These two topics are grouped together as they both pertain to infrastructure and public works issues.
- Charter Review Commission Recommendations: The possibility of ranked-choice voting, lowering the age to vote, and establishing council districts were discussed in two different forums.
- Diversity, Equity, and Inclusion: These topics were mentioned in different contexts, reflecting the community’s interest in social issues. The Supreme Court eliminated the use of affirmative action in college admissions—how should that affect decisions by the City of Rockville?
- Rent Stabilization and Accessory Dwelling Units: Housing is an ongoing issue in Montgomery County—what is Rockville’s role and responsibility?
We’ll be watching for these topics in the upcoming council election.
Please note that this is an interpretive summary and the actual prominence of topics may vary depending on the number of comments and the depth of discussion for each topic.
Candidate Forums: The Heart of the Rockville City Council Race
The race for Rockville City Council is gaining momentum, with candidate forums being among the most intriguing events. These forums provide an opportunity for each candidate to answer questions on various issues. While sometimes referred to as “debates,” they rarely involve direct exchanges between candidates or in-depth discussions. However, they do provide a platform for comparing candidates and understanding their stances. Their responses may be rough and awkward at times, yet this rawness often provides more insight into their true beliefs and intentions, unlike the polished and often vague statements we typically hear from elected officials in Congress.
The City of Rockville has selected the candidate forums that will be broadcast on Rockville 11 and YouTube, but everyone is welcome to attend in person:
Tuesday, September 26 from 2-3:30 pm at the Thomas Farm Community Center, hosted by the Greater Rockville Chamber of Commerce.
Thursday, October 5 from 7-8:30 pm at F. Scott Fitzgerald Theatre, hosted by Community Reach of Montgomery County with Rainbow Place Shelter.
Thursday, October 12 from noon to 1:30 pm at the Rockville Senior Center, hosted by the League of Women Voters of Montgomery County.
The hosting organization determines the format and questions, and obviously, each has a different interest so the topics will vary among the forums.
Other community organizations and neighborhood associations will host their own forums. Usually everyone is welcome and some will be broadcast, so look for announcements on a candidate’s or organization’s web sites or social media pages.
There are currently two candidates for mayor and nine candidates for council. If you are interested in serving, there is still time to get on the ballot. Petitions need to be signed by as least 100 registered voters who live in Rockville and submitted by this Friday, September 8. More details at Running for Office on the City web site.
Starting today until Election Day, I will close comments on this blog. Unfortunately, elections can bring out the worst in people and the blog comments become a place for slinging mud and venom. Question every fact and assertion from candidates, expect the stealing of yard signs, and know that impersonators will lurk on social media. Yes, in Rockville. Sigh.
Unexpected Resignation: Rockville City Manager Rob DiSpirito Departs Post
Rockville City Manager Rob DiSpirito resigned yesterday on Thursday, August 17, effective at 5:00 pm. The Mayor and Council accepted his resignation and appointed Deputy City Manager Barack Matite as acting city manager, effective immediately. DiSpirito had served as Rockville’s city manager since January 2017. DiSpirito was interim senior manager of the Sarasota County (Florida) Planning and Development Department when appointed in December 2016 and previously served as the city manager of Dunedin, Florida for nine years and city manager of Oberlin, Ohio for 11 years. Barack Matite was previously City Manager of Eudora, Kansas (population 6,449) and holds a master’s in public administration from the University of Kansas.
It’s unclear what prompted the resignation, but we can assume it’s related to the Mayor and Council Closed Session meeting yesterday, which was to conclude the Performance Improvement Plan that the Mayor and Council instituted 90 days ago. Unfortunately, once again the Mayor and Council is unable to follow Maryland Open Meetings Act and failed to post the adjournment of the meeting, which was held exclusively on WebEx. In Maryland, “After a public body has met in a session closed under § 3-305, it must include a summary of the session in the minutes of its next public meeting. Public bodies may instead include the summary in the minutes of the public meeting held that day—that way, the public will see the summary sooner—but should follow a consistent practice or include a cross-reference in the later set of minutes so that the public knows where to look” (Chapter 6, OMA). I strongly recommend the latter approach to provide greater transparency to government, but so far, the Mayor and Council has been reluctant to go down this path. What are they trying to hide? Perhaps this an issue for the upcoming election.
The City Manager is the “executive officer and head of the administrative branch of the City” and one of three employees that report directly to the Mayor and Council (Chapter 2, Rockville City Code). City Manager Rob DiSpirito served six years. The previous City Manager, Barbara B. Matthews, served almost four years, when she was fired by the Mayor and Council in a contentious 3-2 vote (Mayor Bridget Newton and Councilmembers Beryl Feinberg and Virginia Onley voted to terminate her employment; Councilmembers Mark Pierzchala and Julie Palakovich Carr voted against). City Manager Scott Ullery retired in December 2011 after seven years following conflicts with Mayor Phyllis Marcuccio over the management of the City. Notice a pattern? Ironically, most of the current city council members have NO experience supervising employees at a management or executive level, yet make crucial decisions about hiring, supervising, and terminating these types of employees. Are management skills an increasingly important qualification for Mayor and Council?
Follow-up: On August 19, 2023, Barry Jackson, candidate for Rockville City Council, insisted that current Mayor and Council should not begin the search for the new City Manager but instead that the “newly elected Mayor and City Council hire a City Manager through a transparent and thorough process.”
Can You Buy Your Way onto City Council?
Election campaigns, even small local ones like Rockville City Council, require time and money. With the absence of a local newspaper to reach voters, candidates have to either spend most of their time walking door to door or most of their funds to print and mail campaign literature. In 2019—the last election for Mayor and Council—candidates for Council spent from $424 to $48,776 on their campaigns. Does money matter in local elections? Absolutely, under the right conditions.
As can be seen in the chart above, the candidates who spent the most money (Ashton, Feinberg, Myles, and Pierzchala) were elected to City Council—with one notable exception (Gottfried). The difference? Gottfried had less than a handful of individual contributors to his campaign; his campaign was mostly self-funded. The successful candidates had lots of money and contributors, and those who tended to spend less per vote had more Rockville residents as supporters. I suspect local supporters are more influential on the election than contributors who live out of town.
Looking more closely, successful candidates in 2019 needed at least 5,000 votes and spent between $3 to $10 per vote. In other words, to win a City Council election in Rockville required $15,000 to $50,000—mostly raised from local residents. If a candidate can’t raise those funds locally, they will need to put in a lot of their own money. At the other end of the spectrum, small campaigns who spent $500 to $5,000 didn’t have the capacity to gain sufficient support to cross the 5,000-vote threshold. If there are candidates you’d love to see on City Council, give them your financial support. A contribution of $25, $50, or $100 can make a big difference, especially in September.
The middle-sized campaign of $2 to $5 per voter ($10,000 to $20,000) seem to rely not only on the number of local contributors but also a thoughtfully-crafted campaign. To get out the vote, candidates have lots of ways to spend money (mail, literature, photography, videos, buttons, yard signs, t-shirts, social media, advertising) and time (parades, events, walking door to door, planning meetings, Community Forums, phone calls) but some are more effective than others. Campaigns of this size can’t shoot from the hip; they have to plan and manage carefully. Cotte Griffiths, Hedrick, Lee, Mullican, and Pitman fell into this nebulous and fraught category, so this year’s candidates may want to talk with a couple of them for advice. Perhaps the enlargement of the Council by two seats will allow more middle-sized campaigns to succeed. BTW, Kuan Lee’s expenses are low in the chart but he had over $10,000 in outstanding unpaid bills at the end of 2019, so his expenses are actually closer to $13,000.
The chart also shows that campaigns ramp up in September and at full-speed in October. November is very quiet by comparison because the election is held early in the month. I suspect that Labor Day will begin the campaign season in Rockville and it will include the usual craziness of mud-slinging and dirty tricks (yes, it unfortunately happens in Rockville).
The data for the chart is derived from each candidate’s campaign finance report, which are submitted monthly during the height of the campaign season. Rockville developed its own campaign report forms and they desperately need to be revised because most candidates are unable to complete them properly and have to submit amendments regularly—some of them months later. Plus, key information can obscured because the forms allow candidates to reimburse themselves for expenses—the public can’t see where the cash is flowing, which is the primary purpose of campaign finance reports. The Board of Supervisors of Elections needs to revise the form and establish a standard of performance that no more than 25% of reports in any periods are amended.
Clouded Judgment? Mayor and Council to Discuss Vape Shop Regulations
At its Monday, July 31, 2023 meeting, the Rockville Mayor and Council will discuss a park impact fee for new residential developments, taxes for FY2024, amending the responsibilities of the Cultural Arts Commission, and extending the moratorium on vape shops. On the Consent Calendar (items approved without discussion) are contracts for improvements to the King Farm Farmstead. This regular meeting will be preceded by a Closed Session to discuss the retention of a business (in an unusual move, the public may join the audio conference by phone).
In March 2023, the Mayor and Council adopted a nine-month moratorium on vape shops (businesses that dedicate more than 25% of its floor area to the sale, display, or use of electronic cigarettes; business with less than 25% of floor space dedicated to e-cigarettes are not affected). This moratorium expires on December 27, 2023, so the City is considering whether to adopt new regulations for vape shops or extend the moratorium. There seem to be ten vape and/or tobacco shops located in the city limits, primarily along Hungerford Drive and Rockville Pike (MD 355) along with numerous convenience stores (such as 7-Eleven), grocery stores and other retailers that sell cigarettes and electronic smoking products. Interestingly, the federal government adopted legislation in December 20, 2019 that increased the minimum age of the sale of tobacco products from 18 to 21 years old (somehow at 18 you have enough intelligence to vote, get married, or join the army but not enough smarts to buy a cigarette).
It’s unclear why the moratorium was implemented or what the Council is attempting to control, but if it’s to keep children from smoking, this may be the wrong solution. The staff report reveals that, “most underage vape/e-cigarette users do not purchase vapes from vape shops…Numerous studies show that the majority of underage users purchase or borrow vape pens from friends, purchase them online, or purchase them from convenience stores or grocery stores where age verification may be more lax.” Are e-cigarettes worse for your health than cigarettes, thus require additional regulation? Are national laws so insufficient that Rockville needs its own unique response? Somehow, this reminds me of Footloose. More details starting on page 141.
The Mayor and Council is considering revised responsibilities for the Cultural Arts Commission with troubling consequences for citizen involvement. This change is happening at the behest of the Cultural Arts Commission to promote “inclusivity and cultural richness” but they may not have noticed that the revised responsibilities also disempowers them. As proposed, the Commission will no longer review the budget for the Civic Center (where performing and visual arts are primarily presented in Rockville) nor review the design of all new City-owned cultural facilities. Instead, their primary responsibilities are to advise and make recommendations to the Mayor and Council, not encourage, assist, foster, or work. How often will the Mayor and Council ask for their advice or recommendations? The Commission is becoming more passive, less active. More details starting on page 135.
The Mayor and Council are conducting hybrid meetings. If you wish to submit comments in writing for Community Forum or Public Hearings, please email the comments to MayorAndCouncil@RockvilleMD.gov by no later than 10:00 a.m. on the date of the meeting. More details in the 214-page agenda packet are available at https://www.rockvillemd.gov/AgendaCenter/ViewFile/Agenda/_07312023-6977.
Next meeting on August 7 with a presentation by Delegate Joe Vogel and an update on the Rockville Villages Program.
Max for Rockville 