Random Rockville Reports: January 28, 2024
Playing Musical Chairs and Three-Card Monte in Rockville City Hall
The Takoma Park City Council hired Robert DiSpirito as their new City Manager effective January 22, 2024. DiSpirito was City Manager of Rockville for seven years and by coincidence, his predecessor was Barbara Mathews, who was previously the City Manager of Takoma Park. They were also both hired and fired by the Rockville Mayor and Council, which both times included Mayor Bridget Newton and Councilmember Beryl Feinberg.
DiSpirito’s departure continues to be an embarrassment of poor management by the Mayor and Council. When he resigned at the conclusion of a Closed Session (aka “secret meeting”) of the Mayor and Council on August 17, he also received a $307,093 severance package (typically resignations don’t include severance). But figuring out what was going on was kept secret illegally for several months. According to Maryland’s Open Meetings Act, the Mayor and Council must provide minutes of a closed session at its next open session (3-306), which would have been September 11 but they failed to share the minutes. It wasn’t until October 23, 2023 (three regular meetings later) that the Mayor and Council approved the August 17 minutes (Agenda, page 218), keeping the public uninformed for more than two months. Furthermore, they played a trick in the meeting minutes. The Mayor and Council approved the official minutes of the September 11 meeting as if they included the Closed Session minutes of August 17 (watch the video of September 11 meeting and you’ll see the August 17 meeting was not discussed)–but it actually didn’t happen until October 23. Hmm, looks like the Mayor and Council is playing three-card monte with the public. Clearly, the Mayor and Council violated the Open Meetings Act but also acted unethically in the preparation of their official records.
More Pedestrians Struck in Rockville Than Reported
The recent death of a 70-year old pedestrian struck by two vehicles at Atlantic Avenue and Viers Mill Road prompted me to see if this a growing problem in Rockville. Data collected by Montgomery County suggests that many more pedestrians were injured or killed in Rockville in 2023 than the eight reported at the most recent Mayor and Council meeting. Not sure the cause of the discrepancy, but county data shows the greatest numbers of incidents occur in and near King Farm, downtown Rockville, and Twinbrook. Although these high incident areas all share major highways (MD Route 355 and 586), pedestrian injuries and deaths also occurred on smaller streets in these neighborhoods, which conflicts with the City’s conclusions. Both the City of Rockville and Montgomery County have adopted Vision Zero, but they don’t seem to be working from the same data. Should pedestrian safety be a higher priority for Rockville’s Transportation and Mobility Commission?
Mayor and Council to Discuss Unsafe Streets in Rockville
At its Monday, January 22, 2024 meeting, the Rockville Mayor and Council will discuss police pension. On the Consent Calendar (items approved without discussion) are contracts for equipment or services related to building construction and repair ($140K); security enhancements to the water treatment plant ($136K), equipment and support for the Data Center ($1.9M); and playground maintenance and repair ($850K), among others. The Mayor and Council will also receive reports on Bus Rapid Transit on MD 355; Environment Commission; Vision Zero; Bikeway and Pedestrian Master Plan; Procurement; and the outreach program for minority, female, disabled, and veteran-owned businesses.
The Montgomery County Department of Transportation has been considering Bus Rapid Transit (BRT) throughout the county, including Viers Mill Road (MD 586) and the Rockville Pike (MD 355) in Rockville, to provide fast and reliable public transportation using dedicated lanes on the busiest streets (Agenda page 5+). In July 2019, the County Council stated they preferred two dedicated lanes in the median (one lane in each direction in the center of the street) for MD 355, however, design has become more complicated for the area near College Parkway. Furthermore, the project will affect Rockville’s Vision Zero, Bikeway, and Rockville Pike plans. To help pay for the project, the County has requested a $1 million contribution from Rockville’s portion of the Montgomery County Transportation Impact Tax.
In July 2020, the Mayor and Council adopted the Vision Zero Action Plan (page 28+). Vision Zero is a multidisciplinary traffic safety program with the overarching goal to wholly eliminate deaths and serious injuries that result from traffic crashes. This program is designed for all roadway users: motorists, pedestrians, bicyclists, and transit users. This program departs from past roadway safety programs by explicitly rejecting any traffic death or serious injury as acceptable and recognizing that people will often make mistakes while traveling, but mistakes should not result in death or serious injury. A recent study revealed six roads in Rockville as “High Injury Network” segments, which means there have been at least four fatal or serious injuries crashes: Rockville Pike (from Veirs Mill Road to Bouic Avenue); West Montgomery Avenue (from Research Blved to Mannakee Street); Norbeck Road (from First Street to Avery Road); Frederick Road (from Ridgemont Ave to Watkins Pond Blvd); Veirs Mill Road (from Rockville Pike to Twinbrook Parkway); and North Washington Street (from Hungerford to W. Jefferson St.). Unfortunately, most of these highways are controlled by the State of Maryland (N. Washington Street is the only City-maintained roadway among those listed). Time to contact your State Senator and Delegates to light a fire under the State Highway Administration!
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 455-page agenda packet are available at https://www.rockvillemd.gov/AgendaCenter/ViewFile/Agenda/_01222024-7097.
Meanwhile, in the State of Maryland
The 90-day legislative session has begun! Taxes and cost shifts are on the table for the General Assembly session as Gov. Wes Moore (D) and lawmakers look to solve both a structural budget shortfall and massive cuts to transportation projects. In November, legislative budget analysts told the joint Spending Affordability Committee that the state faces a structural gap of $322 million in the coming legislative session. Projections show the gap continuing to grow in fiscal 2026 and 2027 to $376 million and $436 million respectively. More at MarylandMatters.org.
State Delegate Joe Vogel (District 17) is among the seven state lawmakers who are currently running for Congress in either the 3rd or 6th districts, with the primaries fast approaching on May 14.
The FBI arrested Carlos Ayala of Salisbury, a State Board of Elections member, for participating in the January 6 insurrection. He resigned from the Board of Elections on January 11. Ayala was appointed to the state Board of Elections last year by Gov. Wes Moore (D) following a recommendation by the Maryland Republican Party. Looks like they need to do a deeper background check before appointing people to public office.
Mayor and Council to Tackle Controversial Rockshire Development
At its Monday, December 18, 2023 meeting, the Rockville Mayor and Council will recognize Mark Pierzchala’s sixteen years of service on the Council and discuss a resolution addressing anti-Arabism, antisemitism, and Islamophobia in Rockville. On the Consent Calendar (items approved without discussion) are vehicle leasing contracts valued at $4.5 million (about 12% of the City’s vehicles are electrified) and approval of the minutes of October 23 and October 30. The Mayor and Council will also receive reports on the revised development plans for Rockshire Village.
EYA Development has requested a revision to the Project Plan for Rockshire Village Center to construct a total of 60 dwelling units, including 31 single unit detached dwellings and 29 townhouses (fifteen
percent of the units or nine townhouses, are proposed to be moderately priced); up to 5,200 square feet of commercial and office use (application initially proposed up to 5,500 square feet); and a neighborhood park at 2401 Wootton Parkway (a vacant 1970s shopping center at Wootton and Hurley, near Wootton High School in the Rockshire and Fallsmead neighborhoods). EYA is also seeking a parking waiver in case the commercial/office building is leased entirely for full-service restaurant use as well as a road code waiver for a private alley. The City has received 56 emails and multiple phone calls from the public requesting information, expressing opposition and support for the project. Full report starting on page 73 of the agenda packet.
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 271-page agenda packet are available at https://www.rockvillemd.gov/AgendaCenter/ViewFile/Agenda/_12182023-7074.
The draft agenda for January 8, 2024 will discuss justice, equity, diversity, and inclusion (JEDI); update the new Council on City branding; and begin a process for revising Neighborhood Conservation Districts.
First Public Hearing on FY2025 Budget Scheduled for Newly Elected Rockville Council
At its Monday, November 20, 2023 meeting, the Rockville Mayor and Council will receive the certification of the 2023 election and hold its first public hearing on the FY2025 budget. This is the first meeting of the new Mayor and expanded six-member Council.
After resolving all challenges, the Board of Supervisors of Elections certifies the results of the election to the City Clerk/Director of Council Operations, who records the results in the minutes of the Mayor and Council. In January, the Board of Supervisors of Elections will hold two Post-Election Forums and prepare a report on the 2023 Vote by Mail Election to the Mayor and Council.
This election was marred by two major instances of Rockville residents not receiving ballots. Most recently, voters in the Bainbridge community did not receive ballots, which was not discovered until Election Day when voters requested provisional ballots on Election Day at City Hall.
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 153-page agenda packet are available at https://www.rockvillemd.gov/AgendaCenter/ViewFile/Agenda/_11202023-7061.
More Troubles With City of Rockville Executives?
Although the November 30 Mayor and Council meeting was to be the last for the current Mayor and Council, a closed session meeting was hastily scheduled for 9:00 am today to “discuss the appointment, employment, assignment, promotion, discipline, demotion, compensation, removal, resignation, or performance evaluation of an employee over whom the Mayor and Council has jurisdiction.” That concerns only three employees: City Manager, City Attorney, or City Clerk. This must be incredibly serious because it couldn’t wait until the first meeting of the newly elected Mayor and Council on November 20. The Mayor and Council might receive a summary at the end of the meeting, but it may be through a news release later in the day. Mayor Newton has played her cards very close to the vest with closed sessions, even flaunting Maryland’s Open Meetings Act to keep information secret, so we may have to wait to learn what is happening. Let’s hope the new Mayor and Council will be more transparent and open about their decision-making.
Is Candidate Richard Gottfried a DINO or RINO?
Once again, the 2023 campaign for Rockville’s Mayor and Council took another strange turn, this time from council candidate Richard Gottfried. Late last week, a letter arrived from him in our mailbox addressed to “Dear Twinbrook Voters,” urging residents to “vote strategically for your neighborhood candidates [Richard Gottfried and Marissa Valeri]” and that he is the “clear choice for Twinbrook.”
What he doesn’t tell us is that he sent a similar letter addressed to “Dear Republican Voter” which instead emphasized the ballot referenda questions on allowing non-citizens and 16-17 year old residents to vote. He states that he is a “conservative candidate who firmly believes that the answers to these two referenda questions should be NO” and that the “other candidates in this election are democrats with very progressive viewpoints.” He especially requests the votes of “republican voters that are registered, but may not take the time to vote in the City of Rockville’s non-partisan election.”
It’s fine that candidates tailor their messages for their audiences, even along party lines in a non-partisan election (although it is really stretching the bounds of traditional campaigning in Rockville). But if you care about a candidate’s values and how they will conduct themselves in office, these letters will be eye-openers. Democrats will be incensed that he’s campaigning in this manner. But Republicans will be as well, because in the 2019 election, Richard Gottfried was registered as a Democrat. I’m not sure if this makes him a DINO (Democrat in Name Only) or a RINO (Republican INcognitO).
Money Talks: Pierzchala, Jackson, Van Grack, and Fulton Lead in Rockville Election Funding
Who’s on top in the Rockville Mayor and Council race? If you based it on money, it would be Mark Pierzchala for Mayor and Barry Jackson, Adam Van Grack, and Kate Fulton for City Council (I suspect Izola Shaw is among them, however, she did not submit a financial report by the deadline). The status of the remaining candidates remain ambiguous, and even the initial insights from the financial reports for these four top-seated candidates warrant further examination.
Among the Council candidates, Barry Jackson, Adam Van Grack, and Kate Fulton have each raised more than $20,000 to date, allowing them to run a well-rounded effective campaign. In the 2019 campaign, successful candidates raised about $15,000. To take the lead among Fulton and Van Grack, Jackson loaned himself $20,000. The remaining candidates have raised less than $10,000 to date, putting them on roughly equal footing (again, Harold Hodges did not submit reports so we can assume he is not an active candidate). Among the latest campaign finance reports were several surprises:
- Richard Gottfried attracted only two donors, including Art Stigile, the treasurer of Mark Pierzchala’s campaign.
- Danniel Belay posted an extraordinary growth in contributions from $0 by October 3 to $5,850 by the end of the month, but only one $50 donation came from a Rockville resident. The rest came from outside of the city, state, or United States.
- Ricky Mui raised just over $2,000 but spent more than $2,500 for catering and Chinese lion dancers at a fundraiser, so he actually fell behind. There’s also an unusual comment that his campaign owes Brigitta Mullican, a Rockville resident, $1,286 for 1200 printed mailers.
The Mayoral race contains the biggest surprises as both candidates have raised more than $65,000, overshadowing the council candidates: $67,303 for Monique Ashton and an extraordinary $146,677 for Mark Pierzchala. To achieve those record-setting numbers required loaning themselves record-setting amounts in this month: $35,143 for Monique Ashton and $90,000 for Mark Pierzchala. Combined with their loans for the previous periods (both are incumbents carrying loans from the 2019 campaign), Ashton has debts of $51,678 and Pierzchala has a whopping debt of $126,500. Many residents assume that the Mayor and Council are volunteers, but they are considered “part time” positions and given an “annual stipend” of $37,560 for the Mayor and $30,483 for council members. If Pierzchala wins, it will take more than three years of his four-year term to pay back this loan. Is it worth it? Evidently, it is for him.
Compared to the 2019 campaign, the amounts raised for 2023 have reached new heights. Most of it is spent on printing and mailing campaign literatures to homes of Rockville residents, which seems to be the most effective way to connecting with voters. If the City changes from city-wide to campaign districts, it will make the cost to run for office much less expensive and open it up to more residents.
Who is Monique Ashton, candidate for Mayor?
In another strange twist in the 2023 campaign for Rockville Mayor and Council, current councilmember and mayoral candidate lacks an official biography on the City’s website. The page is genuinely blank—this is not due to a computer error. The reason for its absence remains unclear.
If you are interested in her qualifications, she provides this biography on her website MoniqueAshton.com:
I have been a Rockville resident for 19 years, living in both East and West Rockville. I was born in New York to a hispanic mother and a west indian father, I grew up in Jamaica queens, attended NYU to study public health and came to DC in 2001 to pursue a masters in public health at GWU. While there I met my husband George Ashton, and in time we moved to Rockville to begin our lives together and start a family. I am an executive champion for our kids and schools , community leader, protector of smart growth, and a strong mother of 3 (2 kids & 1 dog). I am committed to preserving and improving Rockville.
Update November 6, 2023: The City of Rockville website now provides Monique Ashton’s official bio.
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.
