A sidewalk project in Rockville’s Rock Creek Manor neighborhood went through a three-year approval process with the county’s Department of Transportation and was slated to break ground on May 8—only to be halted abruptly after a resident filed a lawsuit in opposition.
The lawsuit was withdrawn Thursday, but the dispute remains. Officials say after a reevaluation is completed, the project could kick back into gear as soon as this summer.
Montgomery County Department of Transportation records describe the project as an installation of 5-foot-wide, concrete sidewalks along three suburban Rockville roadways; it would be compliant with the Americans with Disabilities Act. The neighborhood is within walking distance of four elementary schools and Rockville High School, daycare centers, a shopping center and several houses of worship. Residents who support the project say the neighborhood is shared by autistic children, blind residents, deaf residents and people who use walkers and wheelchairs.
Parents say the lack of sidewalks continues to make them fearful for students’ safety when making the trek to school—a commute not eligible for a school bus route due to its proximity to nearby campuses. The county has received multiple letters of endorsement for the project, including from the principals of Earle B. Wood Middle, Rock Creek Elementary and Barnsley Elementary as well as from the Aspen Hill Civic Association.
Neighbors who oppose the project claim it would be a waste of taxpayer dollars, that the money would be better spent in neighborhoods with greater need and that the construction would needlessly destroy mature trees in a time of heightened climate change concerns.
Visitors can observe clear signs of a dispute in the neighborhood—yard signs have sprung up with the word “sidewalk” crossed out in bold red lettering. As a reporter interviewed a resident beside the road, a person driving by slowed down their vehicle to yell, “I hope you get both sides!”
The sidewalks would follow Parkvale Road, Manorvale Road and Greenspan Lane.
A project report outlines the projected impacts of construction to each residence in the area but notes that its findings are preliminary and subject to change. At a public hearing in September, officials announced the anticipated removal of 47 trees to facilitate construction, with each tree removed to be replaced with three new trees in the same area. Multiple residents testified for and against the new sidewalks at the hearing.
The total cost for the project is approximately $535,200, according to officials. That figure includes the cost of construction, inspection and administrative fees, records show.
The County Attorney’s Office sent MoCo360 a copy of the Feb. 7 complaint filed by resident Kevin Burkholder against the Department of Transportation and its director, Chris Conklin, calling for the project to be cancelled and alleging “waste and misuse of public funds.” The lawsuit argued that the plan was in opposition to both Vision Zero, the county’s effort to prevent pedestrian deaths, and Thrive Montgomery 2050, the county’s new master plan.
The motion was voluntarily dismissed on Thursday. Burkholder could not be immediately reached Saturday for comment on the lawsuit.
An online petition against the project has amassed nearly 150 signatures. “Sidewalks are a waste of time and money. Please stop the insanity!!!” one signatory commented. Opponents said concerns about speeders should be addressed with traffic calming strategies and pointed to the burden of sidewalk clearing on older residents.
A similar petition in favor of the project has gained nearly 110 signatures. “Pedestrian safety is a critical issue along this road,” a commenter wrote.
Jake Baxter, a sixth grader at Earle B. Wood Middle, said he and his friends have experienced several close calls with cars careening around blind turns in the neighborhood.
“One day I almost got hit,” he said. “People speed nonstop around here. It’s very dangerous.”
His father, John, called the project’s sudden halt “inexcusable” and said the action stands in direct conflict with Vision Zero.
Glenn Kreger is a former planning department employee and has lived in Rock Creek Manor since 1990.
“It’s a shame this community has become so divided over this,” he said. “I appreciate trees as much as the next person. But in my mind, trees can be replaced. Someone run over by a car can’t be.”
Supporters of the project site statistics showing the rate of pedestrian fatalities in Maryland—accounting for 20% of all traffic deaths statewide, according to county data. On average, 400 people are struck by vehicles in Montgomery County every year, data shows.
Kreger’s nearby neighbor, Mark Kantor, has lived in the area for over 25 years and says he’s not aware of any fatal accidents there or accidents involving pedestrians. He remains staunchly opposed to the project. He said he likes to call the proposed sidewalks “a solution in search of a problem.”
“It seems to me like a big waste of money,” he said. “If we needed them, they would have been here already. It’s going to destroy the character of our neighborhood.”
Another resident, who asked to remain anonymous to maintain her privacy, emailed MoCo360 to express her concerns about the project. She said she doesn’t believe the county used enough data to justify the project and said she thinks the money would be better spent serving lower-income neighborhoods with a track record of pedestrian accidents.
Rock Creek Manor falls within County Council member Natali Fani-González’s District 6. She said she’s been in contact with numerous residents in the area and shares their support for the project. She described the lawsuit filed against the county as “a distraction.”
“I’ve heard loud and clear from people in the neighborhood that they do want sidewalks,” Fani-González said.
She emphasized the importance of walkability for a safe community and said it’s unfortunate sidewalk projects “take forever” to get approved in Montgomery County.
Bob Gonzales serves as chief of the DOT’s sidewalk section and said his team spent several hours canvassing the neighborhood on Monday to gauge residents’ perspectives and answer questions about the project.
“The sensitive topic is trees,” he said in an interview Tuesday. “Originally, 50-some trees were going to be impacted. But from what I remember from our work yesterday, we were able to save at least the big guys.”
He said his team spoke with between 35 and 40 residents in the area, and the majority seemed open-minded about the project. A man who uses a wheelchair pulled over in his car to express his excitement, Gonzales said.
“I feel confident that overall, this is going to be accepted by the neighbors,” he said. “Just half an hour ago, I thought I was talking to one of the most vocal opponents to the project, and she was actually very cordial. I think it was just a matter of getting her questions answered so she understood that we have options and we’re flexible.”
Gonzales said his team will continue to follow up with residents and gather feedback, but he said so far he hasn’t noted any red flags that would cause foreseeable further construction delays. He said the final decision to resume the project rests with Conklin.
Conklin confirmed that the project was paused due to the lawsuit. He said the department is reevaluating the projected path of the sidewalks in order to avoid displacing trees and is also considering the use of rubber-based flexi-pave materials instead of cement to further minimize environmental impact.
“Assuming we can manage the projected impacts, this will move forward,” he said.
Regardless of the status of the suit, Conklin said the reevaluation process has already been triggered and the soonest the project could be picked back up is likely mid-summer.
Kantor told MoCo360 his neighborhood has been around since the 1960s and to his knowledge has never experienced a pedestrian accident or fatality. When asked whether his opinion on sidewalks would change if he became aware such an incident had occurred, Kantor paused.
“Maybe,” he said.
