POLL: The Pumphrey Parking Lot
After nearly two hours of testimony, Rockville residents are still debating whether the funeral home should be allowed to build a parking lot in the historic district.
Monday night's Rockville City Council hearing on Robert A. Pumphrey Funeral Home’s proposal to build a parking lot in the city's historic West End included nearly two hours of testimony from 40 people.
Rockville Patch live tweeted the hearing @RockvillePatch. Click here to read our tweets from the hearing.
In January, a newly elected council moved to reverse the previous council’s 2010 decision to grant Pumphrey the right to build the parking lot.
On Friday, Councilman Tom Moore used Rockville Patch and the Rockville Chamber of Commerce’s email listserv to call on residents to testify in favor of upholding the decision allowing the lot.
Among those testifying on Monday was Rockville resident Jacques Gelin, who opposes the parking lot. The following is written testimony submitted by Gelin that closely follows his oral testimony:
Last week I announced to friends and fellow residents of Rockville that I was tired of the unremitting acrimony that dominates our civic discourse and that I was withdrawing from active participation in Rockville politics. That was before I received a statement from Councilman Moore on the letterhead of the Chamber of Commerce. I don’t know who is using whom, but my deep concern for our community prompts me to answer Mr. Moore’s statement.
The facts are undisputed. Pumphrey’s is a commercial enterprise located in a residential neighborhood. This is a nonconforming use. Maryland law forbids the expansion of a nonconforming use. The Planning Commission, the Historic District Commission and City’s planning staff all opposed the expansion of this nonconforming use. A prior Mayor and Council, by a 3-2 vote, overrode the city’s planners and City’s Historic District and Planning Commissions to allow Pumphrey’s to expand its parking lot; this body must now decide whether it has the courage to correct this error.
The matter before you is not whether Pumphrey’s is a long-established business that maintains a fine building in the West End. It is. West End residents have always valued Pumphrey’s as a good neighbor. That too is not an issue. Nor is the issue whether this Mayor and Council can or should reverse a wrongful vote, one that disregarded the positions of the City’s planning staff and Historic District and Planning Commissions. Of course it can and it should. Nor is this an anti-business or NIMBY matter.
The real issue here is whether you will protect our neighborhoods. Rockville is built on residential neighborhoods that make it a place where people want to live. Rockville’s core value as a fine place to live is under constant attack—by developers and their allies, including ambitious politicians. They have one objective: profit—fueled by unrestrained development. They don’t care about clogging our streets, further overcrowding our schools, degrading the character of our neighborhoods and the quality of life of our residents. It’s that simple. Forget the red herrings and the disingenuous arguments. We have a never-ending battle: The Rockville Pike Plan, the Twinbrook plan, the Silverwood annexation, Bealls Grant II, Victory Housing. Do the right thing: Deny this attempt to expand a nonconforming, commercial use in a residential neighborhood.
The public record will remain open for written testimony until 5 p.m. on April 6.
Should Pumphrey be allowed to build the parking lot? What would a reversal say about the Rockville City Council? Vote in our poll and add your comments below.
Jeff Hawkins
1:24 pm on Tuesday, March 27, 2012
I vote yes.....
amarynth
2:11 pm on Tuesday, March 27, 2012
What exactly was the justification for reversing the previous council's decision? Is it common for that type of thing to happen? If that's the case, why bother having a council make any decision that would affect things after their term is over?
amarynth
2:24 pm on Tuesday, March 27, 2012
Acutally, now that I think of it, Pumphrey's just has to bide it's time -- the next council can reverse the reversal!
Jeff Hawkins
2:18 pm on Tuesday, March 27, 2012
Gee....the no votes went from 2 to 14 in the space of about 10 minutes? Vote early and vote often :)
Piotr Gajewski
2:39 pm on Tuesday, March 27, 2012
Polls can be weird, but this one is especially awkward as it appears right underneath a long letter in support of one side with no rebuttal or balance of any kind.
I know there is a disclaimer that it is not “scientific” (whatever that means), but then why have a poll at all if no attempt is made to present both sides of the issue when introducing the topic? Mr. Sedam?
Sean R. Sedam
3:48 pm on Tuesday, March 27, 2012
Point taken on where the poll appears, Mr. Gajewski. As you note, it is not scientific, which explains why Ms. Blalock was able to vote twice as she mentions below.
While I'm sure folks have their reasons for voting multiple times, I'd ask that we try to observe the "one person, one vote" rule so that the poll might tell us something about where Rockville Patch readers stand on the issue.
That said, for this exercise, I think the comments are more helpful than the poll, which was provided more as a conversation starter than anything else. The testimony by Mr. Gelin also was provided in that spirit, along with the link to the talking points offered by Councilman Moore (who takes a different side than Mr. Gelin) and the link to our live tweeting of the hearing, which captures the many different perspectives offered Monday. (The tweets are not brilliant prose by any means, but, taken together, they provide a transcript that is recommended reading for anyone who missed the hearing.)
Or, if you prefer long form, Rockville 11 posts video of council meetings here: http://rockvillemd.granicus.com/ViewPublisher.php?view_id=2
Video of last night's hearing is now available for your viewing pleasure.
Temperance Blalock
2:50 pm on Tuesday, March 27, 2012
I was able to vote twice.
Doug in Rockville
8:39 pm on Tuesday, March 27, 2012
Thoughts on Monday nights hearing? Well, I would recommend every Rockville voter WATCH it online, and listen to the whole thing. They'll learn a lot.
Second, by my count, the speakers in the public hearing were 26-14 against the reversal of the text amendment (in other words, they support Pumphrey's in being able to modestly expand their parking lot).
Doug in Rockville
8:41 pm on Tuesday, March 27, 2012
And among the 14 were 3 representatives of the same household, not that their speaking up doesn't count or matter....and I suppose the same could be said of a few on the other side, but worth noting.
Doug in Rockville
8:40 pm on Tuesday, March 27, 2012
I'm sure there are a lot of people out there who think how Pumphrey's is being treated is a sad mistake, and that the actions being taken by the Mayor and two other council members in reversal the previous council's decision are being done solely because they didn't like it before--there was no error in process, no new information, nothing improper about the way it was passed before. That is something the Maryland courts, contrary to what the City and proponents of the reversal are saying, will probably not take kindly to---anyone can read any of the major cases on nonconforming legal uses, and see that the courts purpose in ruling on these cases is ONLY to determine if improper or erroneous process was used. The passage of the zoning ordinance amendment that would have allowed Pumphrey's to modestly expand their parking lot was completely legal, proper, and common step.
As a taxpayer, it really bugs me that the Mayor and Councilmembers Newton and Hall appear poised to put the city taxpayers at significant risk of more legal expenses, this shortly after they increased the budget item funding legal defense expenses by $1M!
Doug in Rockville
8:43 pm on Tuesday, March 27, 2012
Excuse me, they increased by $1/2 Million (500,000). Sometimes I type and hit reply before I read it.
Peter Mork
8:41 pm on Tuesday, March 27, 2012
I voted yes. Then I voted no. Now I'm thinking maybe none of the above makes more sense. (Just practicing my Rockville flip-flop dance moves.)
Temperance Blalock
10:03 pm on Tuesday, March 27, 2012
No, Peter. The way that a Rockville dance works is that as soon as the music starts a small group rushes to the dance floor, block off anyone from dancing, yell about how they're being oppressed, and demand that the dance floor be granted a Historical designation.
amarynth
7:36 am on Wednesday, March 28, 2012
Thanks, Doug in Rockville, for explaining that "there was no error in process, no new information, nothing improper about the way it was passed before." I had been wondering if there was any justification for revisiting the vote, and it seems that there was not. To me, that's the most important part of this entire matter.
Brigitta Mullican
9:46 am on Wednesday, March 28, 2012
My fellow Rockville residents you are great in sharing your comments, especially since most folks don't take time to get involved in City issues. Many individuals don't have time or believe their opinion matters, which some of us commenting on this blog may know. I for one do.
Doug's statements are very reasonable and I mostly agree with him. However, all the testimonies (or the non-scientific poll) don't matter much, because the decision will be made by the Mayor and Council. The Mayor and Council need to make the right decision considering all the legal ramifications. Some of us will be very disappointed no matter what decision the Council makes. Overall the citizens should have a voice in this process. I believe the nearest neighbors and the applicant should have stronger consideration. The Rockville City Council needs to rethink the issues and make the correct decision not just to please one side or the other, but consider the best for the whole city. A solutions can be reached.
Personally I would like to see the Rockville citizens speak more about how the tax dollars are allocated and spent. Those are tough decisions facing the City as a whole.
Debbie Dwyer
1:59 pm on Wednesday, March 28, 2012
Why would anyone vote twice? What are you trying to prove or say by that?
Jack
2:24 pm on Wednesday, March 28, 2012
Jacques Gelin: Are those supporting Bealls Grant II and Victory Housing fueled by an obsession for profit?
Theresa Defino
2:26 pm on Wednesday, March 28, 2012
Obviously, that's the poll that can be manipulated and should not be used as a mandate for anything.
Piotr Gajewski
2:43 pm on Wednesday, March 28, 2012
Debbie,
Judging by the spike in voting today, I think the answer to your question, “why would anyone vote twice” is: because (s)he couldn’t figure out how to vote three times! ;-)
Doug in Rockville
4:47 pm on Wednesday, March 28, 2012
That poll is totally ridiculous now....there is no it is representative of the residents of Rockville....someone's obviously "stuffed the ballot box" so to speak. Somebody probably keeps changing their IP address and resubmitting No votes. Hey, way to be productive!!! Still can't change the fact that, as evidenced by the public hearing testimony, the Yes vote represents more of Rockville....I would laugh so hard if the IP's could be traced to one person.....
Doug in Rockville
4:52 pm on Wednesday, March 28, 2012
that should be "there is no way it is representative"
Doug in Rockville
4:53 pm on Wednesday, March 28, 2012
This morning when I checked it, it was like 59 or 60 yes, and 54 no....so someone panicked! LOL....
Piotr Gajewski
5:49 pm on Wednesday, March 28, 2012
Doug,
That’s actually a pretty brilliant suggestion.
If the Patch could analyze this vote and find out and disclose the identity of anyone who stuffed this poll; that would provide a tremendous service to our Rockville community.
How about it Patch? You guys would be community heroes overnight! It would rain attention on the Patch. I guarantee you would double readership.
You have the technology. You know you want to!
Doug Tallman
11:44 am on Friday, March 30, 2012
We've had instances of ballot stuffing across Patch, and 465 doesn't even come close to our worst cases. I wouldn't assume these numbers are definitely phony.
As for getting the IP addresses, it may be possible, but it's above my pay grade. It's definitely not easily accessible to Patch editors. I also wonder if a computer user has an expectation of privacy that IP addresses remain private. Any lawyers want to weigh in?
Doug in Rockville
4:47 pm on Tuesday, April 10, 2012
The notion that this poll wasn't hijacked by someone who went to town on NO votes is ludicrous.....since when has Rockville Patch, first of all, ever had that many votes on a Rockville-specific poll? Second, when the result is so obviously diametrically opposed to the prevailing wisdom evident in town, and in neighborhoods all over the city, it becomes even more obvious. This is not a scientific poll, clearly, and the vocal minority that also is against everything in town, is also against Pumphrey's in this poll, but I can tell you it does not represent Rockville residents and/or voters. People in my neighborhood who don't really follow politics very closely have commented to me about it and sent me Facebook messages about it....this poll has been hijacked, Mr Tallman,
Chris
1:50 pm on Friday, April 6, 2012
An internet user that thinks their IP address should be private would be like saying that an automobile driver should expect their license plate to only be viewable by law enforcement.
That just is not how it works.
Piotr Gajewski
2:01 pm on Friday, April 6, 2012
Hey Doug,
I have a law degree and am unaware of any protected expectation of privacy when participating in a poll such as this.
Oh please, please run it up the flag poll and expose the ballot stuffers!
Your readership will jump (and so will the integrity of your polls in the future!).
And BTW: those of us very close to an issue can identify a stuffing pretty quickly.
Doug Tallman
2:34 pm on Friday, April 6, 2012
I'll concede that you folks might be right about the expectation of privacy on IP addresses.
But Piotr, we'll have to disagree about the expectation of privacy on this poll. When I see a survey like this that specifically doesn't ask for my name before I respond, I assume I can expect my vote to be secret, or at least revealed in only remarkable circumstances. I assure you we'd have a hard time convincing a judge or jury that 485 votes constituted ballot stuffing. It may be obvious to you, but even with my meager cranial tools, I will be able to cast doubt on your assertion.
Piotr Gajewski
3:04 pm on Friday, April 6, 2012
Hey Doug,
I think that you are missing the point. Of course people can have an "expectation of privacy" when they vote. (It’s a free country: you can expect to win the lottery too!) The question is whether their expectation is legally protected. (Just because I expect that no one is watching when I purchase that big cake from the store does not mean that it is illegal for someone who observed this to report it to my weight-watcher’s coach.) And as a lawyer, I can tell you that I am unaware of any legal protection that applies here. So, it would simply be up to the Patch to decide if it wants to disclose anything and everything it can with respect to its poll(s) (no judge or jury involved here).
Now, if Patch were to find that in a given poll, a large number of votes were cast by the same individual (or a few individuals), and it disclosed their identity, I guarantee you that the Patch community as a whole (with the notable exception of the individuals in question) would be delighted and amused!
And Patch would definitely be hailed as standing up for the community that it serves.
Doug Tallman
3:14 pm on Friday, April 6, 2012
Hey Piotr --
"(no judge or jury involved here)"
Sorry, you're not going to convince me on that. There's no way you believe we can divulge the name of the Montgomery County resident who allegedly stuffed the ballot box on a Patch poll without ending up in court.
And I'll say it again, I've seen ballot box stuffing on our polls. This doesn't even come close.