Drinking water exceeds lead limits at 63 Montgomery Co. schools

From WTOP, reporter Megan Cloherty. Full story here.

WASHINGTON — Summer break is now in full swing for students in Montgomery County, but county drinking water testing reports show kids who attended more than 60 schools in the system could have been exposed to dangers levels of lead.

In updating the results of its ongoing Drinking Water Testing Program, Montgomery County schools say drinking outlets at 150 schools in its system have been tested for lead. Many have already been fixed.

While the county says on its website only 97 of the 9,748 outlets tested are accessible to students, a closer look at the individual school reports finds that a majority of the offending outlets are in elementary schools’ classrooms.

The Environmental Protection Agency sets a threshold of 20 parts per billion for the lead in drinking water before the fixture needs to be replaced. Nearby school systems like D.C. won’t let lead exceed 5 parts per billion.In Prince George’s County Schools, it’s 10 parts per billion, or ppb.

Of the 94 Montgomery County elementary schools tested, 46 have at least one drinking outlet that tested above the EPA threshold. Four others come within 1 part of the 20 ppb threshold. See the county’s testing reports by school here.

Some faucets and bubblers, or drinking fountains, tested at a few schools far exceeded 20 ppb, according to county data:

• A classroom bubbler at Lucy V. Barnsley Elementary School in Silver Spring, Maryland, tested 356ppb.
• A faucet in an ESOL classroom in Farmland Elementary School in Rockville, Maryland, tested at 564 ppb.
• A faucet in computer lab inside Fields Road Elementary School in Gaithersburg, Maryland, tested at 259 ppb.
• A bubbler in Gaithersburg Elementary tested at 253 ppb.
• A faucet tested at 310 ppb in a Maryvale Elementary School classroom in Rockville, Maryland.
• A classroom faucet at South Lake Elementary School in Gaithersburg, Maryland, tested at 431 ppb.
• At Eastern Middle School in Silver Spring, Maryland, a classroom faucet tested 115 ppb.
• In Kensington, Maryland, a kitchen faucet at Einstein High School tested at 700 ppb.
• At Wooton High School in Rockville, Maryland, a faucet inside a computer lab room tested at 112 ppb.

4th Circuit rejects bid to turn Rockville zoning spat into constitutional claim #MaryvaleElementarySchool

Saying a zoning dispute does not create a constitutional crisis, a federal appeals court ruled Friday the Rockville City Council did not violate a self-storage company’s due-process and equal-protection rights by enacting an ordinance barring the construction of a facility near an elementary school.

In its published 3-0 decision, the 4th U.S. Circuit Court of Appeals rejected Siena Corp.’s constitutional challenge as “yet another attempt to circumvent the state’s legitimate interest in zoning law and land use policy.”

The ordinance, spurred by local opposition to the planned facility, prohibits self-storage buildings from being constructed within 250 feet of a public school lot. Siena argued the ordinance was unconstitutional because it was targeted specifically at the company, which was the only one planning to build such a commercial storage facility in Rockville.

But the 4th Circuit said Siena had ample opportunity to protect its interests as the ordinance was reviewed and debated before city agencies amid safety concerns about having one of the company’s ezStorage facilities near Maryvale Elementary School...

http://thedailyrecord.com/2017/10/13/4th-circuit-rockville-zoning-ezstorage/

Maryvale ES + City of Rockville + Storage Facility: [City] Council members who voted in favor of the [Zoning] Text Amendment primarily cited an interest in protecting public safety, specifically as it related to children.

SIENA CORPORATION, ET AL. v. MAYOR AND CITY COUNCIL OF ROCKVILLE, MARYLAND

This case comes to this Court as an appeal by Siena Corporation (“Siena”), a Maryland corporation, and Rockville North Land, LLLP, a Maryland limited liability limited partnership, appellants, regarding the adoption of Zoning Text Amendment TXT2015-00239 (“Text Amendment”) by the Mayor and Council of Rockville (“the City”), appellee. On February 26, 2015, Siena filed a complaint (“Complaint”) in the Circuit Court for Montgomery County alleging that the purpose of adopting Zoning Text Amendment TXT2015-00239 was to prevent the construction of a proposed self-storage facility. On the same day, Siena filed a petition for judicial review (“Petition”).
During the Petition proceeding on May 5, 2015, the City filed the “Administrative Agency Record.” Siena responded by filing a notice of failure to file complete record and a motion to compel filing of the record, production of the record, and to compel discovery. Also on May 5, 2015, the City filed a motion to dismiss Siena’s Petition. On May 12, 2015, Siena filed a motion to consolidate the Complaint and the Petition. On August 19, 2015, the City’s motion to dismiss was granted because the circuit court found that the Text Amendment was a legislative action rather than a quasi-judicial decision, and therefore, not properly before the court. The motion to consolidate was subsequently denied as moot. Siena appealed on September 17, 2015...

...For the reasons stated below, we affirm the judgment of the circuit court...

http://thedailyrecord.com/2016/09/29/siena-corporation-et-al-v-mayor-and-city-council-of-rockville-maryland/

Federal Judge Dismisses Self-storage Complaint Against Rockville Mayor and Council Zoning Rule

Greenbelt – A federal judge Thursday dismissed a closely-watched challenge by a self-storage company to a Rockville city zoning rule that prevented it from building near Maryvale Elementary School on First Street...

http://www.rockvilleview.com/federal-judge-dismisses-self-storage-complaint-against-rockville-mayor-and-council-zoning-rule/

Residents cite conflict of interest in storage facility battle

ROCKVILLE – The ongoing storage facility saga in East Rockville continued this week, now with an accusation of conflict of interest.

The mayor and City Council discussed a proposed zoning text amendment (ZTA) that would prevent self-storage within 250 feet of a school, including an approved ezStorage site near Maryvale Elementary School for which Siena Corporation already bought the land. Community activist Drew Powell also asked Councilmember Tom Moore to recuse himself because of a past campaign contribution from the lawyer representing Siena.

According to campaign finance statements, Robert Dalrymple contributed $100 to Moore’s bid for County Council. Powell called for Moore’s recusal based on a proposed recusal policy the mayor and council placed on the agenda – but did not adopt – at the Nov. 10 meeting.

Although the Rockville City Code dictates when an official cannot participate because of a “gift” that might cause conflict of interest, the definition of “gift” exempts political contributions.

Moore said the current law is intentionally worded so someone cannot strategically contribute to force them to recuse themselves...

 http://www.thesentinel.com/mont/index.php?option=com_k2&view=item&id=1440%3Aresidents-cite-conflict-of-interest-in-storage-facility-battle&Itemid=766

"Mayor and Council are acting in good faith, are acting with the protection of students in mind"

Once again Siena Corporation attended the [City of Rockville] Mayor and Council meeting last night and threatened to pursue all legal means at their disposal in order to turn a profit for their investors.
At issue now is a proposed Zoning Text Amendment(ZTA) that would prohibit self-storage as a use in several zoning classifications in the city if it is within 250ft of a public School.

 http://keepourschoolsandneighborhoodssafe.wordpress.com/2014/12/16/siena-corporation-threatens-to-sue-the-city-again/

"I didn’t quite appreciate the people walking their kids to school"

ROCKVILLE – The Planning Commission re-approved a self-storage facility application in East Rockville with a 4-2 vote on Nov. 12, against the wishes of residents and the parents of students at a local elementary school...
 ...Commission Chair Don Hadley and Commissioner Charles Littlefield were the two dissenting votes and also voted against the project in September. Commissioner Dion Trahan, the third nay vote in September, was not present at the Nov. 12 meeting...

...Multiple residents of David Scull Courts talked about walking to and from bus stops or walking their children to school.

Sade’le, a mother who preferred only to give her first name, said she is worried about traffic and crime that could happen around the facility.

“There are fifth graders, fourth graders walking little kids because parents have to work to provide. We’re not as rich as the public storage unit people that have many locations and are gaining money for it,” she said. “We have one crossing guard that manages people coming from many directions.”

Littlefield said the testimony from David Scull Courts residents elevated his concerns about parents taking their children to Maryvale, which sits about two blocks from the storage site. Although he said overall traffic numbers would increase no matter what the site became, Littlefield voiced concern about people without experience driving trucks and vans dropping belongings at the storage unit.

“I don’t know that it would be a heavy flow of people, but it would exist and to me that just adds to the potential that, God forbid, a little child could get in an accident just because of the situation,” he said. “When we first considered this, I didn’t quite appreciate the people walking their kids to school from the direction of David Scull.”

http://www.thesentinel.com/mont/index.php?option=com_k2&view=item&id=1307%3Aplanning-commission-re-approves-ezstorage-application-for-development-despite-resident-concerns&Itemid=766

Last night the Planning Commission voted to approve again the EZ Storage Application less than 250 feet from Maryvale Elementary School.

...60% of residents of David Scull Courts sent written testimony of their opposition to the facility for reasons including: detrimental to the public welfare, not in compliance with the Master Plan, adversely affect their health and safety.   These comments, including over 350 people who have signed online petitions stating their opposition to the proposal constitute the largest public outcry against any single proposal in the history of the Rockville Planning Commission...

 http://keepourschoolsandneighborhoodssafe.wordpress.com/

“Zoning is not by plebiscite,” Dalrymple told the commission.- Maryvale ES gets Storage Facilty Next Door

Gazette:  Despite objections, Rockville commission OKs storage facility

...Critics also argued that it would create a risk to the students at Maryvale, through increased traffic from customers or potential criminal activity by people storing items at the facility...

Maryvale ES Parents Petition to Stop Construction of Storage Facility

I oppose the construction of a 4-level, 800-900-unit self-storage facility in the neighborhood adjacent to Maryvale Elementary School, less than 250 feet from school grounds, and within the legally designated school zone. The City of Rockville Planning Commission, Mayor, Council, and Planning Department must keep the promise of the East Rockville Neighborhood Plan and support our effort to "retain our existing sense of identity as a quiet, secure, residential neighborhood" and "reduce the impacts of industrial properties on the East Rockville community." Please do not approve the EZ Storage Facility.
Click here to read and sign the Petition.

Plans for Maryvale ES and Carl Sandburg School

Superintendent Starr has released a memorandum on the topic of "co-locating" Carl Sandburg School, currently a stand-alone special education school, with Maryvale Elementary School in Rockville. Curiously, the memorandum isn't signed.

The memorandum also cites the "Roundtable Advisory Committee" but doesn't list the members of the committee, or when they met. It does quite nicely outline concerns raised by the committee, and illustrate several possible building configurations.

Is the issue of "co-location" of Maryvale ES and Carl Sandburg School a foregone conclusion, or will the Board of Education carefully weigh the pros and cons of eliminating a valuable placement along the continuum of special education placements and services? Over the last ten years, the population served by Carl Sandburg School has changed, and the atmosphere and programming at Sandburg evolved to meet those needs. As the population of children with autism continues to grow, will MCPS regret losing a stand-alone special education facility for those children who need that setting?

Lastly: what does MCPS plan for the empty Sandburg facility if the children are moved? I suspect that MCPS has plans for that space that they haven't disclosed.

MaryvaleSandburg_SuperintendentsRecommendationForCollocation10142011

Loiederman, Sligo & Maryvale Petition for programs

A. Mario Loiederman Middle School Petition:

We, the students of A. Mario Loiederman School for the Creative and Performing Arts, and our parents, support our school. Our program is unique and unmatched anywhere else in the County, and continues to produce creative and innovative students. We ask your support for Loiederman, and the Middle School Magnet Consortium of Loiederman, Parkland and Argyle.

Full petition at link:
Loiederman Petition - The Petition Site

Sligo Elementary and Maryvale Elementary Schools' Petition:

We, the undersigned, call on the Montgomery County Council to fully fund Superintendent Weast's Recommended FY2011 Operating Budget for Montgomery County Public Schools so as to preserve funding for French immersion programs at Maryvale and Sligo Creek Elementary Schools as well as immersion programs at other county schools, and articulation into middle school immersion and high school language programs. Specifically, we request that:
1) Busing for magnet programs continue. If buses are cut, the programs will not be open to all students in the county, only those with parents who can arrange transportation.
2) Funding for on-site program coordinators be maintained at current levels. Language immersion program coordinators do more than their job title reflects. Among other things they currently provide stop-gap support to students in need and enable teachers to teach effectively in an environment of limited instructional materials and language resources.
Thank you for maintaining the language immersion programs provided by Montgomery County Public Schools by fully funding the FY2011 MCPS Operating Budget request

Full petition at link:
Support immersion programs in Montgomery County - The Petition Site