Peter C. Fosselman, the mayor of Kensington, has championed a years-long effort to revitalize the town, writing open letters of support for the proposal and touting its benefits to residents.
But even as he has urged the transformation of the town’s quaint commercial center, Fosselman has invested in three properties that would probably increase in value once redevelopment begins, according to interviews and an examination of town, county and state records.
Kensington mayor’s real estate purchases
The mayor and his domestic partner, Duane Rollins, acquired a 46 percent stake in two Armory Avenue properties purchased together for $1.2 million in November 2009 and a 34 percent stake in a Howard Avenue property purchased for $550,000 in September 2010, according to property records. The records indicate that they teamed up with a local business leader to invest in the properties through two joint ventures.
Fosselman, who became Maryland’s deputy secretary of state in April, said his support for the redevelopment predates the purchase of the properties and is rooted in his belief that the town cannot afford to fall behind.
“I asked people, ‘What do you want?’ Again and again and again, they said, ‘We want something to do in town,’ ” he said in a recent interview.
Fosselman said he believes that the properties he invested in, like others in area, could increase in value if the redevelopment plan is approved.
The plan focuses on dozens of mixed-use properties along Connecticut Avenue and University Boulevard, as well as around the local MARC station.
On Monday, a Montgomery County Council committee will review the proposal, and the full council is expected to vote on the redevelopment shortly after.
Ethics complaints have been filed in connection with his real estate transactions, Fosselman said, but he called the complaints “frivolous and politically motivated.”
The town’s conflict-of-interest laws prohibit local officials from participating as a representative of the town in matters in which they have “direct financial interest.”
Fosselman said his transactions did not violate the conflict-of-interest provision because he sought, received and complied with a town ethics committee’s advisory opinion that he made public in November 2010.
“It’s not a conflict of interest, and it’s perfectly legal, and I’m not hiding anything,” he said. “Many people know that we purchased the properties. Again, it’s a small town. Most people knew it.”
No violation found
The mayor requested the opinion in a letter dated Oct. 2, 2010. He asked whether it was “still appropriate” for him to participate in the redevelopment discussion because of the 2009 Armory Avenue purchase. The committee did not find a violation and recommended that he not make statements about the redevelopment unless the comments had been approved by the Town Council.
“We appreciate the desire by you . . . to act in conformance with the Ethics Code,” the head of the ethics committee, David Beaudet, wrote in the opinion.
Fosselman did not disclose the Howard Avenue purchase in his letter to the committee, even though the transaction had taken place. Fosselman said including the Howard Avenue transaction would not have affected the opinion. “Property is property whether I own one or 20,” he said. “The opinion is going to be the same.”
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