Rockville Council Agenda Includes Major Forest Preservation Updates and Transportation Achievements
There’s something for everyone at the Monday, August 5, 2024 meeting of the Rockville Mayor and Council. They will discuss amendments to the Forest and Tree Preservation Ordinance; rezoning of 5906 Halpine Road to permit construction of residential units (with a floating zone amendment); a budget amendment; authorizing the sale of $27 million in bonds to fund capital improvements; and an acknowledgement of the lack of proper notice for the May 4, 2024 meeting. On the Consent Agenda (items approved without discussion) are subaward agreements, license agreements, a public art project in Town Center, MPDU Program Agreement for the Flats at Northside, and July 8 minutes approval (which was marked as having “explicit language”; I’ll have to see what that was about). The Mayor and Council will also receive reports on Vision Zero and from the Transportation and Mobility Commission.
In March 2023, Rockville’s Traffic and Transportation Commission was renamed the Transportation and Mobility Commission (TMC) with a broader focus on all transportation modes (p. 17+). The TMC provides guidance to the Mayor and Council on multimodal transportation, emphasizing economic development, sustainability, social activity, equity, and resilience. They’ve recommended budget priorities, intersection safety improvements, and updates to transportation plans. For 2024, they will focus on zoning ordinance recommendations, intersection improvements, and public communication. The TMC is committed to building an inclusive, equitable, and accessible transportation system for all Rockville residents.
Rockville’s new Asphalt Art Project, funded by a $25,000 Bloomberg Philanthropies grant and an additional $15,000 from the city, aims to beautify Beall Avenue in the Town Center (187+). Set to start after summer roadway improvements, the project will feature artistic designs painted on the road surface between North Washington Street and Gibbs Street. The selected artists, Chalk Riot, will incorporate community survey results into their designs, highlighting local flora, fauna, and historical elements. The project not only aims to enhance aesthetic appeal but also to improve pedestrian safety and foster community pride. Completion is expected by late 2024.
A public hearing will be held regarding proposed amendments to Chapter 10.5 of the City Code, the Forest and Tree Preservation Ordinance, to align with Maryland Senate Bill 526 and enhance local forestry practices (243+). These changes aim to increase tree canopy and streamline the ordinance’s administration. Key amendments include higher reforestation rates, expanded priority retention areas, and new public notice requirements for forest conservation plans. Additional updates involve improving the replacement standards for significant trees and expanding the use of fee-in-lieu funds for street tree plantings. The amendments support Rockville’s commitment to environmental stewardship and urban canopy preservation, promoting a greener, more resilient community.
In addition to need to align with state law, there are concerns about using non-native tree species in city planting projects. The Forest and Tree Preservation Ordinance currently prioritizes native trees for reforestation and afforestation, but staff flexibility allows for the use of non-native species when urban conditions necessitate. While native trees support local biodiversity and are well-adapted to the environment, they can present challenges in urban settings, such as maintenance issues and susceptibility to pests. Non-native trees are often better suited for urban conditions. If you have thoughts, share your thoughts for this public hearing in person or by email (see below).
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 663-page agenda packet are available at https://www.rockvillemd.gov/AgendaCenter/ViewFile/Agenda/_08052024-7248.
Unlawful Meeting: Rockville Mayor and Council Fails to Notify Public
Today the Maryland Open Meetings Compliance Board determined that the Rockville Mayor and Council violated the Open Meetings Act by failing to provide reasonable advance notice of the meeting held on Friday, May 24, 2024. During this ten-minute meeting, the City Council approved two significant items—an agreement related to the development of Twinbrook Commons and the appointment of an Acting City Manager—but had posted and altered the agenda just the day prior, deliberately omitting the appointment of the Acting City Manager.
The Compliance Board emphasized that the Mayor and Council [as well as any other city commission], “may not omit an item from the agenda that the body knows, at the time the agenda is made public, that the body will discuss at the meeting. Nor should a body deliberately delay its decisions about what items it will discuss at a meeting, in order to avoid disclosing those items to the public on an agenda.”
Back in May when this began, I was surprised by the meeting’s timing and the incomplete agenda. Shortly after, it became clear that the Council had appointed Barack Matite as Acting City Manager as a last-minute addition to the agenda, prompting me to file a complaint with the Open Meetings Compliance Board, as follows:
- Lack of Adequate Public Notice: The resolution to appoint a new City Manager was introduced at the meeting’s start, without being listed on the public agenda posted on May 23, 2024. This deprived residents of the opportunity to prepare for and engage in the decision-making process.
- Unusual Meeting Time: The meeting took place on a Friday morning, deviating from the regular Monday night sessions. This irregular timing likely hindered public participation, as many residents were either unaware or unable to attend due to work or other commitments.
- Delayed Posting of Revised Agenda: The revised agenda, which included the Acting City Manager’s appointment, was posted at 10:24 AM, after the meeting had ended. This delay violated principles of transparency and open governance by preventing timely public access to crucial information.
- Introduction of New Agenda Item: Mayor Monique Ashton introduced the resolution to appoint the Deputy City Manager as Acting City Manager during the meeting without prior public notice. The original agenda listed only one item, the Twinbrook Quarter development agreement, making the sudden addition a breach of transparency standards.
Given the City’s prior violations of the Open Meetings Act, it is crucial to remind the new Council of their responsibilities to voters and to set clear expectations for government transparency. Despite the presence of experienced members, including an attorney, community activist, and a federal government executive, these issues persist (and if you read the City’s response to my complaint, it seems that Mayor Ashton isn’t helping). Considering how many times violations have happened, someone keeps giving the Mayor and Council poor advice.
Moving forward, the Mayor is required to address this issue in a public meeting and outline measures to prevent future occurrences. I strongly urge all members of Council and City Commissions to review the Open Meetings Act to become personally familiar with the requirements and establish better policies and procedures. Additionally, there have been reports of unannounced “meetings before the meeting,” which are only permissible under specific conditions. On July 1, I requested further details under the Maryland Public Information Act to ensure compliance, but no response has been provided yet by the City.
For more details, please refer to the Open Meetings Commission’s decision dated July 29 and the City’s explanation on June 27.
Mayor and Council to Discuss City Branding, Revising Ethics Code, and Allowing ADUs
At its Monday, July 29, 2024 meeting, the Rockville Mayor and Council will discuss city branding, a code of ethics, accessory dwelling units, development of 900 Rockville Pike, and regulating tobacco and vape shops. On the Consent Agenda (items approved without discussion) are public artworks for Twinbrook and College Gardens, tree conservation for the swim center, changes to the Youth Commission, and bus stop maintenance services, among others. They will also receive the 2023 annual report of the Cultural Arts Commission.
Following a comprehensive review of community feedback gathered through focus groups, the Mayor and Council will select a logo and tagline as the city’s official brand (page 90+). This recommendation comes after six focus groups of three people each, facilitated by Medium Giant, provided their preferences and perceptions of the community regarding the three final brand logos and taglines. The the newly elected Mayor and Council requested the focus groups to engage the community in the rebranding process. The selection of a definitive brand logo and tagline will mark the culmination of an extensive branding initiative that began in June 2022. The total cost of research, design, and implementation was not reported in the staff report.
The City’s Code of Ethics is being revised to reflect recent changes in Maryland’s ethics law (138). Changes under consideration include prohibiting former City officials or employees from disclosing confidential information; restricting City officials and employees from accepting gifts from entities representing counties and municipalities; modifying financial disclosure requirements; and adding an anti-retaliation provision for those reporting or participating in investigations of potential ethics violations. The Rockville Ethics Commission has reviewed the proposed amendments and upon adoption, chapter 16 of the City Code will be updated and the Financial Disclosure Forms will be revised.
Since at least 2019, Accessory Dwelling Units (ADUs) have been discussed as a means to diversify and increase affordable housing options in Rockville (p 161-222). The proposed ordinance, which has been reviewed by the Planning Commission and received lots of public comments, would allow detached ADUs as a conditional use in all residential zones, with regulations on the size, appearance, and parking requirements. It also addresses property ownership, occupancy, and compliance for existing non-compliant units. The Mayor and Council’s approval is needed to move forward with an ordinance, which is slated for presentation on August 5.
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 511-page agenda packet are available at https://www.rockvillemd.gov/AgendaCenter/ViewFile/Agenda/_07292024-7242.
In 1776, Independence Wasn’t Obvious
Today, as we celebrate our independence from Great Britain and look forward to the 250th anniversary in 2026, it’s important to reflect on the complex journey to liberty and freedom. While we grill hot dogs and slice watermelon, we might nostalgically view the decision for independence as an obvious one. However, it was a highly contentious process. If you think achieving national consensus is challenging today, consider 1776, when delegates from the colonies gathered in Philadelphia to debate independence. For instance, in December 1775, Maryland unanimously and vigorously voted against separation from Great Britain, declaring they were:
desirous to remove from the mind of the King, an opinion which we feel to be highly injurious to the people of this province and in order to manifest to his Majesty, to the Parliament, the people of Great Britain, and to the whole world, the rectitude and purity of our intentions in the present opposition to the measures of the British Ministry and Parliament, do declare, That the people of this province, strongly attached to the English constitution, and truly sensible of the blessing they have derived from it, warmly impressed with sentiments of affection for and loyalty to the House of Hanover, connected with the British nation by the ties of blood and interest and being thoroughly convinced, that to be free subjects of the King of Great Britain, with all its consequences is to be the freest members of any civil society in the known world, never did, nor do entertain, any views or desires of independency. That as they consider their union with the mother country, upon terms that may insure to them a permanent freedom, as their highest felicity, so would they view the fatal necessity of separating from her, as a misfortune next to the greatest that can befall them.
Maryland considered independence a “misfortune next to the greatest”? Why did they change their minds six months later?
Rent Stabilization, ADUs, and Vape Shop Regulations on July 8 Council Agenda
At its Monday, July 8, 2024 meeting, the Rockville Mayor and Council will receive public comments on the development of Champion Billiards at 900 Rockville Pike (adjacent to Twinbrook) and a process to amend neighborhood conservation districts (affects Lincoln Park). On the Consent Agenda (items approved without discussion) are $250,000 security system repair contract. The Mayor and Council will also consider changing the law on rent stabilization, detached accessory dwelling units, and regulating vape and tobacco shops. The Mayor and Council are now also holding meetings on Thursday mornings; those will rarely be discussed on this blog due to time constraints.
Champion Billiards Planned Development: The City Council will discuss a proposed amendment to the Champion Billiards Planned Development (PD), which aims to allow the development of 4,400 square feet of retail space with ancillary surface parking at 900 Rockville Pike (at Edmonston). This amendment replaces the previously approved plan for a furniture retail store. This particular site has a storied history and has been notoriously difficult to develop (see pages 12-228!). Formerly a gas station, this small parcel of land at the end of a long strip mall has faced numerous challenges due to its size, city easements, stormwater retention requirements, public art obligations, and the necessity to accommodate a sidewalk, bike path, and Bus Rapid Transit. Its location between the Pike (a state highway) and the railroad tracks (Metro) adds further complexity. Additionally, development efforts have been hampered by the adjacent property owner’s resistance to public access through his property, a matter that escalated to the Maryland Court of Special Appeals. Efforts to develop this site have been ongoing since 2006, and it’s remarkable that there is still interest despite the numerous obstacles.
Rent Stabilization: A staff report provides preliminary information on rent stabilization to discuss whether a new policy should be developed (pp 272-328). Incomes have not kept pace with rising rents, and low housing supply exacerbates the problem. The median rent in Rockville is $2,101 per month, requiring an income of $84,040 to afford it, marking a 34% increase since 2010. This rent level is similar to nearby areas like North Bethesda, Silver Spring, and Wheaton. In contrast, Takoma Park has lower rents due to its rent stabilization policy and limited new housing construction. Over 55% of Rockville renters are housing cost-burdened, with over 20% severely burdened, paying more than 50% of their income on housing. Hispanic, mixed-race, and Black households are disproportionately affected.
Detached Accessory Dwelling Units: The proposed change to the Zoning Code would allow detached ADUs in all residential-detached zones (R-400, R-200, R-150, R-90, and R-60)(pp 329-390). These ADUs would be located on the same lot as a single-unit detached dwelling. The amendment includes regulations for setbacks, and footprint and height limitations, with accessory buildings limited to a 750 square foot footprint and a maximum height of 20 feet, typically allowing for a second story. The term “accessory dwelling unit” has been updated to “detached accessory dwelling unit” for clarity and consistency with county, aligning with the previously adopted term “attached accessory dwelling unit.” These changes support the city’s Comprehensive Plan and aim to expand housing availability and affordability within the community.
Regulations for Vape and Tobacco Shops: The Mayor and Council are set to discuss the proposed zoning text amendment to regulate smoke shops, including vape and tobacco stores (pp 390-468). Staff recommends a zone-based regulation approach rather than extensive buffer requirements. Under this proposal, smoke shops would be prohibited in zones that permit retail use near or within residential neighborhoods. Specifically, smoke shops would not be allowed in the Mixed Use Commercial (MXC), Mixed Use Transition (MXT), and Mixed Use Neighborhood Center zones, as well as equivalent zones within Planned Developments (PDs). Permitted zones for smoke shops would include Mixed Use Business (MXB), Mixed Use Commercial Transition (MXCT), Mixed Use Corridor District (MXCD), Mixed Use Employment (MXE), Mixed Use Transit District (MXTD), and the Light Industrial (IL) Zone. This zone-based regulation aims to provide clear and consistent guidelines for the location of smoke shops, avoiding the complications of buffer requirements that could make existing smoke shops nonconforming due to nearby sensitive uses, such as childcare centers. The draft amendment does not include an amortization period for existing businesses to come into compliance with the new regulations.
Coming up on July 29: Rezoning 5906 Halpine Road, murals for Twinbrook and College Gardens, ordinances on vape and tobacco shops, floating zones, and conservation districts.
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 500-page agenda packet are available at https://www.rockvillemd.gov/AgendaCenter/ViewFile/Agenda/_07082024-7230.
Mayor and Council Adding Thursday Morning Meetings?
At its Thursday, June 27, 2024 meeting at 10:00 am, the Rockville Mayor and Council will only review an Consent Agenda (items approved without discussion), which is primarily focused on approving various contracts and agreements related to insurance, community services, and public works, totaling about $1.5 million.
Looks like the Mayor and Council is adding virtual Thursday morning meetings to dispense with simple items but it’s unclear why they’ve been removed from the Monday evening meetings. Consent Agenda items routinely require less than ten minutes of time total, so it’s not about saving time at the regular meetings. Hmm.
More details in the 152-page agenda packet are available at https://www.rockvillemd.gov/AgendaCenter/ViewFile/Agenda/_06272024-7221.
A Call for Transparency to the Mayor and Council
Ensuring Open Governance in Rockville
As residents of Rockville, we take pride in our city’s vibrant community, exceptional services, and the transparent governance that supports our daily lives. However, a recent incident has raised concerns about the adherence to the Maryland Open Meetings Act, a vital law that ensures our local government operates openly and honestly. On Friday, May 24, 2024 at 10:00 am, the Rockville Mayor and Council appointed Barack Matite as Acting City Manager without providing adequate public notice, highlighting a significant breach of the principles of transparency and open governance.
What Happened?
On May 24, 2024, the Rockville Mayor and Council held a meeting that was not only unusual in its timing but also in its proceedings. Typically, the City Council meets on Monday nights, a schedule that allows residents to plan their attendance and participation. However, this meeting took place on a Friday morning, an unexpected and inconvenient time for many. The agenda initially posted on May 23, 2024, listed only one item: the Moderately Priced Dwelling Unit Rental Program Agreement for phase one of the Twinbrook Quarter development.
At the start of the meeting, Mayor Monique Ashton announced an additional agenda item—a resolution to appoint the Deputy City Manager, Barack Matite, as Acting City Manager, effective immediately. This resolution was introduced without prior notice to the public, preventing residents from being informed and prepared to discuss or contest the appointment. To further complicate matters, the revised agenda that included this crucial item was posted at 10:24 am, after the meeting had already begun.
Why It Matters
The Maryland Open Meetings Act exists to ensure that government decisions are made transparently and with public involvement. When decisions are made without adequate notice or opportunity for public input, it undermines trust in our local government and its commitment to representing our interests. The appointment of a new Acting City Manager is a significant decision that impacts the leadership and direction of our city. Residents have a right to be informed and involved in such important matters.
The Violations
Several key violations of the Open Meetings Act occurred during the May 24th meeting:
- Lack of Adequate Public Notice: The resolution to appoint the Acting City Manager was not listed on the agenda posted the day before the meeting, depriving residents of the opportunity to prepare and participate.
- Unusual Meeting Time: The meeting was held on a Friday morning, diverging from the regular Monday night schedule, which likely limited public attendance and participation.
- Delayed Posting of Revised Agenda: The revised agenda was posted after the meeting had started, further preventing residents from being aware of the new agenda item in a timely manner.
Moving Forward
Transparency and accountability are the cornerstones of good governance. To maintain public trust, it is essential that the City of Rockville adheres to the principles outlined in the Maryland Open Meetings Act. As residents, we must hold our local government accountable and demand adherence to these principles to ensure that our voices are heard and our interests are represented.
I urge all Rockville residents to stay informed and involved in our local government. Attend meetings, ask questions, and demand transparency. By doing so, we can help ensure that Rockville remains a city we are proud to call home, governed by the principles of openness and integrity.
Together, let’s advocate for a government that values our participation and upholds the trust we place in it. Transparency is not just a legal requirement—it’s a promise to the community that must be honored.
Barack Matite Appointed Acting City Manager—Again!
This morning the Rockville City Council appointed Barack Matite as Acting City Manager effective May 24, 2024 in a unanimous decision with no discussion. The resolution to appoint a new City Manager was introduced at the beginning of the meeting and was not listed on yesterday’s public agenda:
Mayor Monique Ashton: Good morning Rockville, today is Friday, May 24th and we are going to move into meeting number 13-24. We have an agenda item focused on the Moderately Priced Dwelling Unit Rental Program Agreement for phase one of Twinbrook Quarter development. We would like to add another agenda item focused on a resolution for the Acting City Manager.…[vote on MPDU Agreement with no discussion]
Mayor Monique Ashton: Alright, so we have our second agenda item focused on the resolution to appoint the Deputy City Manager to service Acting City Manager. Do we have a motion?
Councilmember (unidentified): I move to adopt a resolution appointing Deputy City Manager Barack Matite to serve as the Acting City Manager effective today, May 24th, 2024 until such time as the Mayor and Council shall appoint a permanent City Manager.
Mayor Monique Ashton: Thank you, the motion has been made and seconded, all those in favor please raise your hand and say aye. I want to thank our new Acting City Manager Barack Matite for stepping into this role to support the City. We really appreciate it. Thank you all staff and I want to also send a few thanks to Craig Simoneau who has done an outstanding job in terms of supporting the operations in the City. We appreciate the leadership of the staff and supporting and making sure Rockville is the best place to live, work and play. Thank you very much.
Evidently this change in administration was in the works because the staff report and resolution are the missing pages 3-4 mentioned earlier and the staff report states that, “This is the second time this item has come before the Mayor and Council.” Watch the meeting for yourself (it takes less than four minutes!).
Barack Matite was appointed Acting City Manager in August 2023, when Rob DiSpirito resigned under murky circumstances. A few months later, Matite also resigned under murky circumstances and as one of their last acts, the outgoing Mayor and Council appointed Craig Simoneau as Acting City Manager on November 15, 2024. Depending on how you count, that’s four city managers in the last year?!? Despite the larger city council, it doesn’t look like leadership has improved.
As of 4:30 pm, no official announcement on the city website.
Spotlight: La Speranza Restaurant, A New Italian Gem in Twinbrook
La Speranza Restaurant, a new Italian eatery in Rockville is already making waves. Nestled off the beaten path at 806 Baltimore Road on the edge of Twinbrook, this charming spot is part of a strip mall better known for Jonathan’s and 7-11. Despite its unassuming location, La Speranza boasts a bright and inviting interior with a dozen tables, a small bar, and a view into the kitchen showcasing its wood-fired oven.
The highlight of La Speranza is undoubtedly its homemade pastas with tomato sauce, complemented by Neapolitan-style pizzas. This culinary excellence is thanks to chef and owner Neptali Mendoza, who brings a wealth of experience from his time as the sous chef at Baronnessa in Rockville, kitchen manager at RedRocks Pizzeria in Alexandria, and his training with Peter Pastan at Obelisk in DC at the start of his career.
As a frequent diner over the past month, I’ve had the pleasure of sampling their diverse pasta menu. While the cream sauces are a bit too heavy for my taste, every other dish from the chicken alla marsala to the lasagna to the eggplant alla parmigiana have been terrific. The wine selection, especially the Montepulciano, is a cut above most Italian restaurants in town. A boscaiola pizza to-go has become a regular treat for me. Additionally, La Speranza offers a variety of chicken, veal, and seafood entrees, panini, soups, salads, daily lunch specials, and even an American-style brunch on weekends. Pizzas $12-19, lunch specials $13, dinner entrees $17-27.
If you’re on the hunt for an exceptional Italian restaurant and want to support a local business, La Speranza is the perfect choice.
Rockville Reviews Twinbrook Quarter MPDU Rental Program Agreement—Today
Today at 10:00 am, the Mayor and Council reviewed a Moderately Priced Dwelling Unit (MPDU) Rental Program Agreement for Phase 1 of the Twinbrook Quarter development as a simple Consent item as a virtual-only meeting. These agreements are one of Rockville’s major ways to provide affordable housing within the city (the other is Rockville Housing Enterprises).
But why the rush? Today’s morning meeting was conducted outside of the regular Mayor and Council bi-monthly evening schedule and posted with less than 24 hours’ notice. Maryland’s Open Meetings Act requires “reasonable advance notice” of its meetings and that agendas are available in advance except in cases of emergency, but what’s “reasonable” or “in advance” is not defined. Two days? Two hours? Perhaps that’s something that the Mayor and Council should define for itself in the spirit of transparency.
Twinbrook Quarter is Saul Centers’ transit-oriented, mixed-use 18-acre development located along Rockville Pike and adjacent to the Twinbrook Metrorail Station. The project will include a mix of uses, with a focus on residential development and retail, complemented by two trophy office buildings to create a complete live/work/play environment. Phase I is underway with 450 residential units, a Wegman’s grocery store, shops and office spaces, and an extension of Chapman Avenue and is planned for completion this fall. Nearly 150,000 people live within three miles of this supersized development.
Twinbrook Quarters joins Saul Centers’ portfolio of huge ambitious projects such as Park Van Ness and Waycroft, but it holds many more modest commercial properties, such as a CVS and PartyCity at 1500-1582 Rockville Pike and two bank sites fronting Montrose Crossing Shopping Center at 12095 Rockville Pike.
The 50-page agenda (missing pages 3-4) is available at https://www.rockvillemd.gov/AgendaCenter/ViewFile/Agenda/_05242024-7206
