Montgomery County Council unanimously passes controversial Thrive 2050 plan

The Montgomery County Council voted unanimously to pass the controversial Thrive 2050 growth master plan this morning. A carbon copy of a plan being pushed nationwide by developers, Thrive 2050 will allow multifamily housing to be built in neighborhoods that are currently zoned for single-family homes over most of the county. The Council voted to approve the plan despite just having announced it had no confidence in, and demanding the resignations of, the five Planning Board commissioners who formulated and edited the plan.

Zillow home values for Minneapolis 2013-2022;
"Minneapolis 2040" (sound familiar?) was passed by
the Minneapolis City Council in 2018, and you can
see that prices have only surged further upward

Many residents expressed opposition to the plan, which will change the character of existing neighborhoods drastically. Among the concerns raised by residents were increased noise, loss of green space and tree canopy, insufficent street parking, school overcrowding, and gentrification that will force retired and lower-income homeowners out of their neighborhoods. The new housing allowed by Thrive 2050 will be luxury housing, not affordable housing. Rents and home values have only continued to rise in the few jurisdictions that have adopted the radical Thrive model, such as Minneapolis.

The Council was criticized for not only failing to reach out to people of color, but for ignoring their own diversity consulting firm, who had urged the Council not to rush to approve Thrive 2050 at the cost of equity for all residents. It was equally criticized in recent days for ramming the plan through before having an independent investigation of the many scandals surfacing in the planning apparatus that birthed it. On that front, the Council has so far received a free pass from local media, with The Washington Post editorial board going so far as to endorse the rushed passage of Thrive 2050. Surely, the money the Post receives from developers for real estate advertising played no role in that endorsement.

Some on the Council are term-limited. For those seeking office in the future, their vote for Thrive 2050 may come back to haunt them, once the impacts of the plan begin to be felt. A majority of residents are unaware of the plan, and have no idea what is happening. Thrive 2050 was largely rushed through during an international pandemic emergency that has tried the patience and mental health of people around the world. Virtually no one besides the Planning Board, the County Planning Department, the County Council, and their sugar daddies in the development community, was paying attention to land use and zoning issues at a time like this.

Today's vote will likely be looked back upon with regret. But it will also be remembered as the greatest victory of the Montgomery County cartel to date. The machine recognized that once they could beat the Columbia Country Club on the Purple Line, they could beat anybody, and they've certainly taken that realization to heart. They now control every elected office in the County, with the exception of County Executive. They control the local media. All opposition was utterly steamrolled by the Planning Board and County Council. That steamroller is now going to roll into neighborhoods across Montgomery County, demolishing homes, along with the suburban lifestyle our radical elected officials despise so much.

Montgomery County Council to defy Maryland law in Planning appointments, as Elrich warns Thrive 2050 is tainted by scandal

Thursday was another explosive day in the Montgomery County Planning Board scandal, as the County Council is poised to defy Maryland state law by illegally appointing 5 temporary board commissioners, without waiting the required three weeks after disclosing the list of candidates. The law is very clear, and is the only codified framework for appointing any individual to the Planning Board, resident Janis Sartucci told ABC 7 News. The list of candidates was made public on Wednesday, October 19, meaning that the appointments cannot legally be made until the next Council takes office after the November 8 election.

Sartucci said she would contact the office of Maryland Attorney General Brian Frosh if the Council were to appoint any commissioners before November 9. "We do have an attorney general's opinion that says when there's a vacancy in a public office, the law that's on the books is what controls the replacement process," Sartucci told ABC 7's Kevin Lewis. Several of the applicants for the interim positions are former Planning Board commissioners, meaning they could be under scrutiny themselves if a full investigation into planning scandals were carried out.

Meanwhile, County Executive Marc Elrich warned the Council about another rush job it is undertaking, to pass the controversial Thrive 2050 plan before the Council's term ends in the coming weeks. In a memo, Elrich said the Council cannot separate the Thrive plan from the scandals surrounding the commissioners and employees who drafted, edited and approved it. In addition to the question of who might have participated in ex parte discussions of Thrive over cocktails in Planning Board Chair Casey Anderson's government office as the plan was being drafted, Elrich noted that during the same period, "the Board broke significant rules with respect to the Open Meetings Law, the registration of lobbyists, and the use of the consent calendar. These violations impugn the Board's work product, and raise concerns that the Board, in search of a certain result, might have been willing to bend the rules on other occasions."

In fact, the Board has repeatedly engaged in such rule-breaking over the last decade. And only a handful of lobbyists - primarily development attorneys - have actually registered as lobbyists so far. Many who currently, actively lobby on behalf of the development industry before the Board and Council have yet to register as lobbyists. 

Elrich also advised the Council to halt its current course of "sweeping everything under the rug." He called on the Council to halt the Thrive approval process until an investigation of the planning scandals is completed, so that residents can have confidence the plan wasn't tainted by unethical and illegal actions by those drafting it.

The County Executive listed four major errors the Council has made in its last-minute push to ram through Thrive 2050. 

Error number one, Elrich wrote, was the Council adding three hastily-written chapters to the plan that have never been the subject of a public hearing. While ignoring his own and the public's comments on the plan this fall, Elrich added, the Council only addressed the comments of two representatives of developer-funded organizations that are lobbying for Thrive 2050. Elrich said that, at a minimum, the Council must hold a public hearing on the new last-minute chapters it added. He argued it would be best if the plan were sent back to a new Planning Board after the election.

Error number two, Elrich wrote, was to use an old map in the plan that pretends the County never added the Suburban Communities and Residential Wedge designations to its growth policy. Elrich brought this error to the Planning Board's attention in 2020, but they ignored his communication. He said there needs to be a new public hearing on how those two recognized land uses added in 1993 will be impacted by Thrive 2050. Elrich suggested the public "has a right to know what effect, if any, this change will have on their individual properties and on future growth in their neighborhood."

Of course, Thrive 2050 as currently written, will have massive, tectonic effects on both. Noise, overcrowding, lack of street parking, reduced school capacity, forced eviction of many residents through gentrification, loss of green space and tree canopy, and a complete change in neigborhood character are all built in to the Thrive plan.

The Council's third major error, Elrich wrote, is repeatedly misleading the public by claiming that passing the Thrive 2050 plan will not make zoning changes to their neighborhood. But the text of Thrive 2050 itself clearly states that such zoning changes may be required in order to implement the plan, and this admission was only added this month. He accused the Planning Board and Council of "withholding the information that a massive rezoning to urbanize most of the County could only take place after Thrive was enacted." The public has a right to know this, as well, Elrich said.

Error number 4, Elrich wrote, was removing quotes from the consultant hired by the Council that chastised the Council for not allowing enough time for substantive outreach to the BIPOC community, and for conducting what little outreach there was during the summer vacation season when it was harder to contact people. Elrich wrote that there must be further outreach to residents of color before Thrive 2050 is passed.

The Elrich memo makes the larger argument that the Council cannot simply state it has lost confidence in the Board and appoint a new one; it must disclose to the public the specifics of why it lost confidence, and conduct a full investigation of the many charges, claims and allegations that were made by whistleblowers inside the Planning Department. A complete dismissal of the Board has not cleared the way for passage of Thrive as the Council seems to think, Elrich concluded, but has "cast a shadow over the entirety of the Planning Board's actions."

Elrich's memo is well-written and on-point in every respect. There is no time factor or urgent need to pass Thrive 2050 this month. It is not even a unique or innovative plan. It's a carbon copy of the same "missing middle" plan that developers are attempting to ram through nationwide, including in Arlington County, using the same sham arguments. 

Thrive 2050 is nothing more than a wild, developer profit grab through a policy that would allow high-density, luxury multifamily growth on every acre of land in Montgomery County outside of the agricultural reserve - and that's on the menu next. We've learned since 2002 that all residential growth generates more cost in services than it generates in tax revenue for the County. Imagine what an even-more-unhinged growth policy like Thrive will do to a County budget already in a structural deficit, and carrying a debt so large that, if it were a department, it would be the third-largest department in the County government.

Assault in Montgomery County Council building parking garage in Rockville

Rockville City police responded to a report of a 2nd-degree assault in the parking garage at the Montgomery County Council Building at 100 Maryland Avenue Tuesday morning, October 18, 2022. The assault was reported at 10:40 AM Tuesday.

Montgomery County community leaders ask U.S. Department of Justice to place M-NCPPC under receivership

The struggle between Montgomery County residents who are demanding an investigation of scandals within the County Planning Board and Planning Department, and a County Council who want to sweep those scandals under the rug and quickly install five new cronies on the Board, took another turn today with a protest at the Montgomery County Council Building in Rockville. Multiple community and organizational leaders have signed a letter to the U.S. Department of Justice asking federal law enforcement to place the Maryland-National Capital Park and Planning Commission (the umbrella entity that houses the board and Planning Department) under receivership. They've asked that it remain under receivership until a full, independent investigation of the scandals is completed, and that County Executive Marc Elrich and the County Council be included as targets of the investigation.

"What is essential in this moment is not deliberate speed, but deliberation—with vigorous public input and oversight to ensure that any actor involved in the racism, sexism, corruption, and illegal activities is removed from Montgomery County office and is held responsible to the fullest extent of the law," the letter states. "In conclusion, Parks and Planning is broken. Expecting the County Council and Office of the Executive to solve a problem they had a hand in creating is not an effective solution. M-NCPPC needs fundamental change to address the systemic racism that has been baked into the commission since its inception. Those who are clamoring to fill Planning Board vacancies  must not be allowed to do so within the framework of a demonstratively racist, hostile, and opaque system—that they themselves have supported, condoned, and maintained."

The letter is signed by the Montgomery County Poor People’s Campaign, the USDA Coalition of Minority Employees, the Parents’ Coalition of Montgomery County, the United Front for Justice, the Reverend Segun Adebayo of Macedonia Baptist Church in Bethesda, Empower DC, the Montgomery County Green Party, the Anti-Racist Bethesda Coalition, the Bethesda African Cemetery Coalition, Bethesda resident Mr. James McGee, and Nancy Wallace, the gubernatorial candidate for the Green Party in Maryland. It has also been sent to members of the U.S. Congress, and the County Council.

Montgomery County Council tries to avoid investigation of Planning scandals - will they be allowed to succeed?

Montgomery County is in the midst of one of its most-embarrassing, and potentially most-earth-shaking, political scandals ever. But you wouldn't know it listening to the County Council. The Council has heard a barrage of rumors, accusations, explicit allegations - and even some admissions - of improper or illegal activity within the County Planning Board and Planning Department over the last several weeks. After initially taking no significant action, when the matter reached the verge of going nuclear, imploding the County political machine, and threatening the passage of the controversial Thrive 2050 plan, the Council stepped in and demanded the resignations of all five planning commissioners. According to the Council, that's the end of the story.

"Not so fast," some are saying. In fact, that's an exact quote from just one critical voice opposing the Council's intention to sweep planning corruption under the rug, the Bethesda African Cemetery Coalition. Their press release calls for something we needed years ago: an independent investigation of the current and past Planning Boards, and of the Planning Department itself. It cites a number of ways planning in Montgomery County has impacted African-American residents over decades, including its chief policy concern, the ongoing desecration of Moses African Cemetery by real estate interests since the 1960s, and the Planning Department's documented attempts to cover it up during the Westbard sector plan process.

BACC's response is an interesting place to start discussing the planning scandal, because so many of the controversies at the department have been racial in nature. Farm Road. The white Planning Board chair repeatedly calling in as many as eight police officers on protesters from a black church at multiple meetings, even after the phenomenon of whites calling the police on blacks had become a national discussion. 

What little we know about the latest controversies only adds to the impetus for further investigation. Who were all the individuals drinking with Chair Casey Anderson in his office bar? Were unreported ex parte communications a part of these happy hours? How much input on Thrive 2050 was offered over cocktails?

Incredibly, The Washington Post - The Washington Post!! - could not confirm this week where just-resigned Board commissioner Partap Verma is currently employed. That is a critical point, as this must be disclosed by every commissioner when they apply, and in ongoing filings. This does not mean Verma is up to something nefarious, but that there is a breakdown of ethical and accountability protocols at the department. If current employment could be hidden by commissioners, they could be working for a developer with business before the Board, and the public would have no idea.

That matter was raised by the Post after Verma was allegedly accused of violating the Hatch Act, and doing so to assist active nominees for County political offices on the November ballot. This is another area to be fully investigated.

County Executive Marc Elrich released a statement Wednesday correctly saying that "[t]his cannot be the end of the conversation on the dysfunction and structural issues at Planning." He cited some of the past transgressions of the Board, including violations of the Open Meetings Act. A vote on Thrive 2050's passage should be delayed until racial, equity and community feedback matters have been fully addressed, Elrich added. He endorsed the Council's own equity consultant's argument that “compressed timeframes are the enemy of equity.”

While the Council will likely appoint new commissioners from the same political stew - if allowed to by the press and others in positions of power - Elrich called for a sea change in how the board is composed. "It is clear that new people and new voices are needed on the Planning Board," Elrich wrote. "Park and Planning has been run by a group of insiders for far too long. There needs to be a respectful balance of the views of developers and those of the community. I hope that the new Planning Board appointees reflect the demographics of this community and are committed to our residents, community input, and an efficient and transparent process."

Elrich's Republican opponent in November's election, Reardon Sullivan, released a statement citing Planning Board misbehavior, and the lack of accountability. "Our unchecked County government officials have been unaccountable for far too long," Sullivan said. "The shameful history of the Planning Board includes public infighting, questionable behavior, and multiple violations of the Open Meetings Act. Furthermore, their expedited actions to push through Thrive 2050, without proper review and input from the community, is characteristic of this body that was nominated and approved by the leadership in Montgomery County."

"Is there something you don’t want us to know?" tweeted EPIC of MoCo, an organization of residents who oppose Thrive 2050. "If you’ve lost confidence in the Board, we deserve to know why and why you have confidence with [Thrive 2050], created by a flawed process in a hostile environment?" 

Perhaps the most informative response to the scandal, for those seeking to determine whether the Council should be allowed to consider the planning debacle closed, is an article by local political commentator and blogger Adam Pagnucco, on his new Montgomery Perspective blog. It's a perspective residents should familiarize themselves with quickly. 

A former County Council staff member, Pagnucco is as close to an official voice as you can get for the most powerful faction of the Democratic Party in Montgomery County. If you want to capture the zeitgeist of the day within the County political machine, you turn to Pagnucco. If you're a fan of Marc Elrich, and part of the most-progressive wing of the Democratic party, you do not. 

What makes Pagnucco's piece so valuable is not his blow-by-blow recounting of the Planning Board fiasco. It's the list of grievances and fears within the Montgomery County political cartel that he candidly reveals. It's a list that only compounds the need for a full investigation.

The undercurrents within Pagnucco's report are gushing and undeserved praise for a County Council that waited to act until the situation became the latest regional embarrassment for the County, and a hint of relief that the resignations will negate the need for further investigation of the Planning Board and Department, and allow for quick Council approval of Thrive 2050 later this month.

From this insider viewpoint, we can conclude that, for the Council and their campaign contributors, nothing can stand in the way of approval of Thrive 2050. And that the Council feels their eviction of the Planning Board commissioners ends this chapter, without any investigation of past transgressions by the Board and Planning Department, much less the many accusations reported or hinted at during the last few weeks.

The reality is, the public knows very little about Thrive 2050, a plan that would allow existing single-family home neighborhoods to be bulldozed, for the construction of duplexes, triplexes and small apartment buildings. It would destroy the neighborhood character homeowners paid good money for, reduce green space and increase pollution and runoff amidst an environmental crisis, jam streets with more cars than there is space to park, and multiply school overcrowding by as much as 4 times. But it will greatly profit the developers who fund the campaigns of the County Council.

Yet the Council is now in the untenable position of having to approve a Thrive 2050 plan that was developed by five people they just declared they have no confidence in. If you have no confidence in the authors of a plan, how can you have confidence in the plan they wrote or edited every single word of?

Most intriguing of all, is Pagnucco's discussion of another fear within the Council and real estate development community that I've never heard discussed before. Namely, that Elrich was supposedly plotting to seize control over the Planning Board's functions, folding them into his office's portfolio. I have never heard Elrich express this desire publicly, but I actually hope he was planning (pun intended) to do this, and acts to do it soon.

As Pagnucco explains, Montgomery and Prince George's County are outliers in delegating this planning authority to ostensibly-independent authorities like the Maryland National Capital Park and Planning Commission. Both counties just happen to have a long history of planning scandals, and ultra-cozy ties between real estate developers and elected officials. Much like our County government liquor monopoly, we should not be surprised that an unusual, self-serving, and corrupt method of governance is delivering such poor results for the taxpayer and public good.

Elrich should step up, and step in, now. Pagnucco writes that the Council's fear is exactly that, and that Elrich would use the current scandal to justify such intervention. Well, Elrich would indeed be justified, and has the moral high ground. Whatever criticism there is of his policies, he is one of the most honest politicians in the County.

Regardless of whether Elrich acts in that direction, this can't be the end of the scandal. Certainly, The Washington Post and local television stations need to keep the heat on the Council, to explain why they think the resignations are the end to a decades-long and very sordid story. But an FBI investigation is long overdue, as well.

One has to wonder what friends in high places in federal law enforcement the County's political cartel has, that we've avoided an FBI investigation all these years. The Bureau usually steps in after just one scandal breaks, believing correctly that such matters may be the mere tip of the corruption iceberg in a local government. But through a non-profit's inability to account for $900,000 in taxpayer money, the embezzlement of more than $6 million from the County government by at least one employee, Farm Road, the Department of Liquor Control scandals, and the cover-ups in the Westbard sector plan process, Burt Macklin and his colleagues have yet to show up on the doorsteps of County facilities. If only we had such friends in the Pentagon, maybe we wouldn't have been so royally steamrolled by BRAC in Bethesda.

Now isn't the time to sweep dirt under the rug. It's time to start turning rocks over. All of them.

Every member of the Montgomery County Planning Board has resigned

Montgomery County has no planning authority at this hour. A scandal that began with Montgomery County Planning Board Chair Casey Anderson has ended today with every commissioner, including Anderson, resigning. The County Council announced the resignations of Anderson, Partap Verma, Carol Rubin, Gerald Cichy, and Tina Patterson in a press release this afternoon.

Despite a series of scandals over the last decade, ranging from Farm Road to the Westbard sector plan, it was a full cocktail bar in Anderson's government office that ended up taking out the board. The County Council initially gave a light slap-on-the-wrist "reprimand" to Anderson and Commissioners Partap Verma and Carol Rubin, for their roles in BarGate. Planning Director Gwen Wright was then fired by the Board, after defending Anderson in press interviews. 

New rumors and leaks about additional bad behavior by commissioners, and an embarrassing article in The Washington Post this week, led the Council to belatedly reconsider its bizarrely-weak initial response. It then announced the resignations today. 

Anderson and the Board should have been removed years ago, over the issues I mentioned above, and for consistently operating under the thumb of developers. All commissioners serve at the pleasure of the Council. But the Council only acted today, after the County had been humiliated for several weeks by the clownish behavior of the commissioners. Only after the situation had become completely untenable, did the Council take action.

 “The Council has lost confidence in the Montgomery County Planning Board and accepted these resignations to reset operations," Council President Gabe Albornoz (D - At-Large) said in a statement. "We are acting with deliberate speed to appoint new commissioners to move Montgomery County forward. We thank the commissioners for their service to our County.”

The Council plans to appoint temporary commissioners by October 25. Montgomery County residents who are interested in filling these temporary acting positions should apply to the Council by October 18 at 5:00 PM. One can only hope that some of those impacted by the scandal will be inspired to share with law enforcement what they know of the inner workings of planning and zoning in Montgomery County.

Montgomery County Council "reprimands" Planning Board Chair Casey Anderson, 2 commissioners in alcohol controversy

The Montgomery County Council met in closed session yesterday, to discuss recent revelations in a Maryland-National Capital Park And Planning Commission's Office of the Inspector General report that Montgomery County Planning Board Chair Casey Anderson had kept a full bar in his government office. A whistleblower told the OIG that Anderson had pressured others to drink in his office after working hours, a charge Anderson strongly denied. The OIG investigation determined that some commissioners on the Planning Board had also consumed alcohol on the premises. This morning, the Council announced it would be taking a light touch in addressing the alleged behavior, which occurred in a department that has terminated rank-and-file employees in the past for alcohol policy offenses.

A Council press release states that it has chosen to reprimand Anderson, and Planning Board commissioners Carol Rubin and Partap Verma. The Council statement vaguely refers to the OIG report, but does not explicitly mention alcohol, or what the officials are being specifically penalized for. Anderson has previously issued an apology for his actions, stating that he has disposed of the alcohol in his office, and that he only drank after business hours.

This morning's press release states that "the Council has issued reprimands that will result in Chair Anderson losing four weeks of his salary and Vice Chair Verma and Commissioner Rubin each losing one day of their respective salaries. The three commissioners also must attend Employee Assistance Program counseling which is consistent with the Commission’s protocol.”

The press release goes on to say that the “Council is extremely disappointed in the violations of Maryland-National Capital Park and Planning Commission (M-NCPPC) policy by Planning Board Chair Casey Anderson, as detailed in an advisory memorandum from M-NCPPC’s inspector general. The memorandum also found violations of Commission policy by Vice Chair Partap Verma and Planning Board Commissioner Carol Rubin."

Anderson is one of the most powerful public figures in the county, and serves at the pleasure of the Council. Extraordinary legislative steps were taken to allow Anderson to serve an unprecedented third term as chair, at a record salary for the position. Planning Board commissioners also are appointed by, and serve at the pleasure of, the County Council. 

The Council has stated that it will not say anything publicly about the case because it is a personnel matter. That assertion is patently false, because the individuals involved are political appointees holding public offices, not career employees. 

Miller's Ale House has closed in Rockville

Miller's Ale House has closed at 1471 Rockville Pike. The restaurant and bar operated there for a decade.  Miller's had a 4.1 out of 5 rating on Google and Facebook, a 3.5 on TripAdvisor and 3 stars on Yelp, so they weren't exactly run out of town. Its closure really is the end of an era, in a way.

When Miller's Ale House opened in 2012, it looked like a new age of nightlife might be upon us in Rockville. Bar Louie and American Tap Room had also just opened at Rockville Town Square. And there were old standbys like Gordon Biersch and Hooters. Look around in 2022, and every single one of those businesses is gone.

This may simply be Rockville's chapter in the larger book of Montgomery County nightlife being slammed shut over the last decade. The county had a good number of bars and nightclubs around 2010, and certainly was positioned to improve with the right policies at the county level. Just the opposite ended up happening.

It started with a major hike in the County energy tax, one that saw businesses like Target and Magruder's having to dim their lighting, posting apologetic signs explaining it was due to the energy tax. A series of other anti-business votes were taken by the Council in the ensuing years, over the objections of business owners.

Melvin Thompson of the Restaurant Association of Maryland warned councilmembers in 2016 that Montgomery County's restaurant sector had gone flat since 2012. In contrast, Thompson noted, Fairfax County's restaurant sector had grown by 6% in the previous year alone. Frederick County's had jumped 5.4% over the same period. The Council ignored Thompson, and passed more taxes (including a whopping 9% property tax increase), more regulations, and a $15 minimum wage. 

At the same time, the Council also lashed out at food trucks. Part of the bubbling up of a potentially vibrant new era of nightlife was the new phenomenon of food trucks, which would park in legal parking spots in busy areas at lunchtime in Bethesda, Rockville and Silver Spring. Some would also park in nightlife areas later, to serve patrons emerging after bars closed for the night. 

The Council banned such mobile food operations, limiting food trucks to private property. Trucks - the majority of which were based in Washington, D.C. - retreated over the Maryland border into the District. Office workers in Friendship Heights had a clear view of trucks still working the lunch hour just over the line in D.C. Montgomery County's food truck scene was gone, with the exception of those who were invited to cater private events, or to park on private property like gas stations.

Over the last decade, at least 21 nightspots closed in downtown Bethesda alone. Incredibly, all of those closures followed the Council's 2012 "Nighttime Economy Initiative." Hyped to the max by some local media outlets at the time, the initiative - along with the rest of the misguided Council actions of the last decade - ended up tanking the nighttime economy countywide. The demise of Miller's is only the latest example of that collapse.

Montgomery County Executive, Civic Federation call on County Council to disapprove Thrive 2050 plan

Montgomery County Executive Marc Elrich (D) and the Montgomery County Civic Federation have both asked the County Council to disapprove the controversial Thrive 2050 growth plan. Elrich wrote in a memo to councilmembers that a new consultant report underscored his previous concern that there was insufficient outreach to residents of color, and of lower-income levels. He also noted that a survey touted by Thrive 2050 proponents used deceptive questions that referred to end goals of the plan, without disclosing the new zoning changes that would be implemented to achieve them.

Elrich advised the Council to put its political interests in passing Thrive 2050 before the November election aside, in favor of more outreach, and incorporation of more than 65 changes recommended by the consultant to prevent gentrification and displacement of residents of color and lower incomes. These proposed changes include Community Benefit Agreements, rent-to-own programs, and constructing more parks in areas that fit those demographics. Elrich said disapproving the current plan would also allow time for further public hearings.

A major complaint of Thrive 2050 detractors from the beginning has been the impression that the plan was rammed through by the County Planning Board while the general public was distracted by the pandemic. The most controversial aspect is that the plan would allow construction of multifamily housing in existing single-family home neighborhoods. This would drastically change the character of those neighborhoods, while the resulting attached housing units would be too expensive to help address the perceived lack of affordable housing in the county. 

Thousands of new housing units have come online countywide since 2014, but that surge in inventory has had no downward effect on prices. As volume increases, home prices and rents have only gone upward, creating skepticism that Thrive 2050's massive construction scheme will make housing affordable. In fact, based on the data of the last decade, it would likely only jack up prices further. If new townhomes sell for over $1 million in an industrial area of 20816, how much would a new larger duplex unit sell for in the same desirable zip code? Not less.

The resolution passed by the Civic Federation addressed many of the same concerns Elrich raised, as well as environmental sustainability and the need for broad community support for master plans. Thrive 2050 supporters have dismissed that idea, arguing that despite their six-and-seven figure investments in a SFH-neighborhood environment, County home buyers should have no say or leverage in the zoning or development of any property besides their own. 

New chapters should be added on each of the topics that the consulting team determined were shortchanged in the current draft, the Federation advised, including environmental, racial equity and social justice issues. A new public hearing should be held on each of those new chapters, its resolution added. The Federation also opposes universal upzoning and by-right zoning changes implemented through the controversial Zoning Text Amendment process, and notes that the consultant report suggests that a legitimate process to address the areas of concern it identified would take at least one year.

Other concerns that have been expressed throughout the Thrive 2050 process have included school overcrowding, loss of green space and tree canopy, inadequate parking spaces for the higher neighborhood densities proposed, and whether the existing infrastructure such as water and sewer can handle such a population increase in existing neighborhoods. 

The Council currently has planned to vote on the Thrive 2050 plan by October 25.

Montgomery County slow to react to Bethesda church attacks

Montgomery County government initially kept quiet about the first two arson and vandalism attacks at Bethesda churches early Saturday, and County leaders have been slow to react to the third yesterday morning. County officials made no public announcement of several fires being set at North Bethesda United Methodist Church, and of the cemetery being vandalized at the Wildwood Baptist Church next door Saturday until late the next morning, about 10 hours after a third attack at St. Jane Frances de Chantal Catholic Church. Arson and property damage at St. Jane's was significant enough that Sunday Masses had to be relocated to a gymnasium.

Coverage of the church attacks by local media has not yet delved into why the public was not informed Saturday of the first attacks. No report I've seen so far challenges County leaders as to why they did not make the initial two attacks public until more than 24 hours later. Had they been announced, perhaps other houses of worship and the public could have been on heightened alert; there's no evidence Montgomery County itself stepped up protection of nearby churches, as the arson Sunday morning would seem to confirm.

County elected officials' reaction to the weekend church attacks has been slow, underwhelming or non-existent. County Councilmember Andrew Friedson (D), who represents the area where all three houses of worship were vandalized, did not weigh in on the matter until very late Sunday evening on Twitter. Councilmembers Will Jawando (D -At-Large) and Gabe Albornoz (D - At-Large) tweeted at about the same time late Sunday. So far, no County elected official has outlined any actions they are taking in response.

Montgomery County Executive Marc Elrich (D) had still not issued a formal press release on the County website as of this writing, and had not commented on Twitter or Facebook. Maryland Senator Chris Van Hollen (D) has been silent on the attacks, despite a media event this past March at which he said, "It is a sad sign of the times that we have to be protecting places of worship, but it is a reality of the times.” His colleague, Ben Cardin (D), hasn't spoken out, either. Congressman Jamie Raskin (D), who represents Bethesda, hasn't issued a press release or social media statement as of this hour.

No press release yet from
Montgomery County police

Attacks of this nature are hate crimes and acts of domestic terrorism. But as of this morning, there is no press release from Montgomery County police on these high-profile crimes.

No visible police patrols or presence were
seen at Our Lady of Lourdes Catholic Church
in downtown Bethesda on the "night of rage"
two weeks ago, nor last night following this
weekend's attacks at other Bethesda churches

The tepid response by Montgomery County to these events is not new this summer. In the evening and early morning following the controversial Supreme Court decision two weeks ago, there was no visible sign of stepped-up patrols at any Catholic churches I went by in the County. That was despite a warning of a "night of rage" by the U.S. Department of Homeland Security to parishes nationwide, which said domestic terror incidents could be expected at Catholic churches. That night - and last night, following the disturbing events of the weekend - there was no visible sign of law enforcement outside of Our Lady of Lourdes Catholic Church in downtown Bethesda.

Al Carr enters District 4 County Council contest as map changes shake up district Council races

Maryland House Delegate Al Carr (D - District 18) withdrew from his reelection race last evening, and filed to run for the Montgomery County Council District 4 seat. That move just before last night's filing deadline, and last-minute map changes, shook up district contests across the county, as well as the District 18 House race Carr exited.

The County Democratic Central Committee can appoint a Democrat to fill the empty ballot spot left by Carr in the District 18 race. But other seismic shifts on the election game board Friday will affect the 2022 Election through the July primary and beyond.

Carr brings name recognition and a lengthy resume in public service to the District 4 race. Prior to last night, Takoma Park Mayor Kate Stewart was the only high-profile elected official in the Democratic primary for that reshaped district, which now stretches from south Rockville to Stewart's home base. Carr served on the Kensington Town Council prior to his three terms in the House of Delegates. Amy Ginsburg, who is known for her leadership of the Friends of White Flint; Troy Murtha; and John F. Zittrauer are also running in the District 4 Democratic contest.

Stewart got off to a strong start in her first mayoral term, and political observers have expected her to be a formidable candidate for higher offices as a result. She couldn't entirely avoid controversy as leader of the most politically-active area of Montgomery County, the Takoma Junction uproar and her defense of a city screening of a documentary that many considered anti-Semitic chief among them. But executive experience is always a strong selling point in elections, and Stewart has spent seven years running a high-profile municipality, with all of the responsbilities that entails.

Carr has the advantage of having been engaged on neighborhood and pocketbook issues over a larger geographic area in recent years. His efforts to assist Maryland residents facing exorbitant EZ-Pass late fees, while cracking down on out-of-state toll scofflaws, made national news last year. Carr also introduced a bill to increase transparency at the increasingly-controversial Housing Opportunities Commission of Montgomery County.

The lone Republican in the District 4 race, Cheryl Riley, only finds herself there now due to the new district map boundaries. Riley's sorting into District 4 now leaves District 1 without a Republican challenger to incumbent Andrew Friedson. If the County GOP Central Committee doesn't nominate a Republican, Friedson will be unopposed in the November election. An appointee will also be needed for the fourth spot in the Republican primary race for County Council At-Large.

There are Republicans in all the other Council district races, though. Dan Cuda is running in District 2, George Hernandez in District 3, Riley in District 4, Kate Woody in District 5, Viet Doan in District 6, and Harold Maldonado in District 7. If Doan were victorious in November, he would be the first Asian-American to be elected to the County Council.

District 4 now joins District 6 as the contests-to-watch for politics addicts. Just as the District 4 race includes two prominent elected officials, District 6 Democratic candidates include former County Planning Board commissioner Natali Fani-Gonzalez and former Maryland Delegate Maricé Morales. Both former public officials also have resumes beyond public service. Fani-Gonzalez worked for CASA de Maryland and SEIU Local 32BJ, and now is an executive with the Matea Group. Morales is an attorney with a law practice in Rockville, and also serves on the boards of Montgomery College and Emerge Maryland.

Another high-profile member of the community running as a Democrat in District 6 is Omar Lazo, owner of the popular Los Chorros restaurant in Wheaton. Lazo is also on the Board of Trustees of Montgomery College, as well as serving on the Board of the Wheaton & Kensington Chamber of Commerce, the Wheaton Urban District Advisory Committee, the Greater Washington Hispanic Chamber of Commerce, the Latino Democratic Club, and on the Board of the Fund for Montgomery. 

Kemp Mill resident Brit Siman-Tov was driven to enter the District 6 race this month by the Council's pandemic business closures and mask policies, and the councilmembers' brief flirtation with the idea of a vaccine mandate. Former WTEM 980 radio producer and personality and current podcaster Steve Solomon is also in the District 6 contest. Republican Doan and Democrats Christa Tichy, Mark Trullinger and Vicki Vergagni round out the candidates in District 6.

The new District 6 includes Aspen Hill, Forest Glen, Glenmont, Kemp Mill, Kensington Heights, parts of Rockville, and Wheaton.

Tom Hucker withdraws from Montgomery County Executive race to run for County Council At-Large

The Montgomery County Executive race saw a dramatic turn of events as the candidate filing deadline passed Friday night. According to the Maryland State Board of Elections, County Councilmember Tom Hucker (D - District 5) has withdrawn from the County Executive race, and has filed to run for County Council At-Large instead. Hucker was eligible to run for one more term in District 5, under the County term limits law.

Hucker's exit probably benefits incumbent executive Marc Elrich the most, as Hucker was - in relative terms - the closest aligned with Elrich on a Council that has an often-contentious relationship with the executive office. County Councilmember Hans Riemer may get a boost as well, from progressives who oppose Elrich and wanted someone new. Hucker's entry into the executive race never made much sense anyway, as he had a safe seat for one more term, and Elrich and Riemer were already blocking both of his ideological lanes in the Democratic primary.

Photo via Montgomery County Council

Montgomery County police union trolls elected officials on social media for defunding police amid crime wave

Montgomery County's Fraternal Order of Police Lodge 35 criticized County elected officials on social media Thursday for "defunding MoCo police" amid a crime wave. The posts on Facebook and Twitter called out County Executive Marc Elrich and the County Council for eliminating 27 police officer positions in the budget. They also cited violent crimes in the county that made area headlines in the last few days.

"3 carjackings in 2 days (2 @ gunpoint, 1 w/ serious injuries) when is @MontCoExec and @MoCoCouncilMD going to get their priorities straight and stop defunding MoCo police?" the posts asked. Officers have reported that morale on the force and officer recruiting efforts are both trending downward.

"Just because of the, so much of the anti-police sentiment, not being treated well," County Officer Petr Speight told CBS' Ted Koppel in a report aired Sunday. "Those kind of things are just discouraging people from wanting to stick around. Things have just changed, the way people view us, and the way they view our role in society and our jobs."

While anti-police sentiment has markedly increased after the death of George Floyd, declining police morale has actually been trending in Montgomery County for more than a decade, based on what officers have told me over that time period. The County Council tried to slash disability benefits for officers in 2009, approving a modified version of that plan in 2011. Councilmembers, and the Washington Post editorial board, falsely characterized officers seeking disability benefits as schemers and scam artists without evidence to back up those claims. Both have publicly criticized County police on a regular basis for a variety of grievances since that opening move.

Rockville gun dealer, others sue Montgomery County over new ghost gun law

Montgomery County is being sued in County Circuit Court over its recently-passed ghost gun law. Bill 4-21, passed by the Montgomery County Council on April 6, restricts the possession, use, sale, and transfer of ghost guns, undetectable guns, and certain other firearms within 100 yards of places of public assembly; restricts the possession, use, sale, and transfer of ghost guns, undetectable guns, and certain other firearms with respect to minors; and requires the Montgomery County Police Department to submit an annual report to the County Executive and the County Council regarding the availability and use of ghost guns and undetectable guns in the county. The new law is scheduled to go into effect July 16. But a new lawsuit says the law violates Article XI–E, § 3 of the Maryland Constitution, as well as other statutes on the books.

Maryland Shall Issue, Inc., a leading 2nd Amendment rights organization in the state, gun retailers, and several Montgomery County residents are plaintiffs in the suit. They seek to overturn the law, and to be compensated for damages and legal fees. 

The new law's provision on software designs for ghost guns violates the 1st Amendment of the U.S. Constitution, the suit alleges. A recent 9th U.S. Circuit Court of Appeals decision, said the 1st Amendment protects such computer code. New restrictions on possession and business transactions, as well as the overall "vague language" of the law, violate the Maryland Takings Clause (Article III § 40) and the Due Process Clause (Article 24)  of the Maryland Declaration of Rights 

Engage Armament, a gun retailer in Rockville, is one of the plaintiffs in the case. Its owner says the new County law prevents some transactions the store has been able to complete under existing federal and state laws, such as the sale of legal firearm components for assembly, and of computer code for such assembly. The store also falls within 100 yards of a place of public assembly as defined by the County Council, and has until now been able to legally make a firearm sale in the presence of a minor who is accompanied by a parent.

The lawsuit being filed also alleges the new ghost gun law violates the Maryland Express Powers Act, noting that Montgomery County cannot pass laws in conflict with existing state law. Montgomery County is attempting to redefine public gathering places as any ordinary private property that has current or future potential as a public gathering space, the suit alleges. Maryland law regarding the transfer of firearms preempts new restrictions being passed by local governments, it further notes. The suit is Maryland Shall Issue, Inc., et al vs. Montgomery County, Maryland.

Montgomery County Council approves FY-2022 budget with property tax increase

Property taxes will increase for almost all Montgomery County residents in the fiscal year starting July 1, 2021, under the $6 billion FY-2022 budget approved by the County Council yesterday. The tax hike comes at a time when many residents and businesses have been struggling during the pandemic's economic downturn. 

Also hitting residents' wallets in the budget: parking fee increases in Bethesda and Wheaton, and the expansion of parking enforcement hours in Silver Spring and Wheaton, which will begin in January 2022. All nine councilmembers voted unanimously to approve the budget and tax increase.

Montgomery County Council proposes property tax increase

The Montgomery County Council has proposed a property tax increase for the fiscal year beginning this July, according to an required announcement published in local newspapers. If approved as is, property taxes would rise 4.7% in FY-2022. 

The Council has raised property taxes every year except FY-2015, when the average homeowner received a meager $12 savings, in an election year budget. FY-2017 had the highest tax increase on record; while officially 9%, due to ever-increasing assessments, it was effectively a 10 to 11% tax increase for many Montgomery County homeowners.

A property tax increase amidst the pandemic is raising eyebrows among taxpayers aware of the proposal, and in the business community. The County economy has been moribund for over a decade, according to federal government statistics, with Montgomery at rock bottom in the region by every relevant economic development measure from job creation to business growth.

Montgomery County ban on movie concessions keeping theaters dark

Montgomery County lifted its order shuttering movie theaters several weeks ago, allowing audiences at limited capacities, but almost all cineplexes remain dark across the county. What's going on? The major sticking point is that the County Council forbid the sales of food and drink at all movie theaters, requiring patrons to remain masked throughout the screening with no refreshments. Theaters make the majority of their profits from these lobby concessions sales, not from the movie tickets themselves.

The announcement that ArcLight Cinemas is closing permanently at Westfield Montgomery Mall in Bethesda brought fresh attention to the state of cinema countywide yesterday. Marquees and screens are still dark, with the notable exception of AMC's theaters at Rio Lakefront and Wheaton Plaza. Major chain theaters like Regal Cinemas, iPic and Landmark are not joining them. 

A spokesperson for Cinépolis USA, which opened a theater in the Kentlands area of Gaithersburg only a month before the pandemic hit America, confirmed Tuesday that the County order remains the barrier to reopening. When the ban on food and drink sales is lifted, the Kentlands theater will reopen immediately, the spokesperson said.

It's a dark time, indeed, for movies in Montgomery County. Bethesda is in the worst situation of all. Thanks to the County Council's decision nearly a decade ago to approve demolition of the Regal Cinemas Bethesda 10 without requiring a replacement cineplex, the closures of Regal, ArcLight and AMC Mazza Gallerie give Bethesda the rare distinction of being a large American town without a mainstream cineplex (Landmark Bethesda Row - which also remains closed - does not screen mainstream blockbusters). Some say the age of a night at the movies is over, but Godzilla vs. Kong box office numbers showed interest in movie theaters remains strong nationally, and worldwide.

Montgomery County Council bucks state advice to lift covid restrictions on business

While most of Maryland reopened for business without restrictions yesterday, the Montgomery County Council resisted Gov. Larry Hogan's call to end restrictions on business. The Council met as the Board of Health Friday, after debating its authority to rebuff Hogan's statewide lifting of limits on retail and restaurants all week. Councilmembers ultimately chose not to lift capacity limits on indoor dining and shopping, which will remain at 25% capacity (although some large retailers have been able to get a waiver for the 25% cap for months), and only rise to 50% on March 26. The updated guidelines unanimously approved by the Council include the following:

As of yesterday at 5:00 PM:

• removing local restrictions on capacity at child care facilities, which follow state requirements
• increasing outdoor gatherings to a maximum of 50 people
• increasing indoor gatherings to a maximum of 25 people
• eliminating the limit of one person per 200 square feet
• eliminating alcohol limits on food-service facilities; alcohol can be sold after 10 pm
• eliminating the restriction on buffet service for food-service facilities
• increasing the capacity for religious facilities to 50%

The following changes will go into effect on March 26:

• increasing the maximum capacity to 50% for indoor dining, retail shops, fitness centers and other businesses
• permitting arts and entertainment facilities to open at 25% capacity, provided they do not sell or permit food for consumption in the facility

The guidelines for entertainment venues as written do not immediately appear to apply to movie theaters, which serve food. Only "theaters" that don't serve concessions may reopen at 25% as of March 26. Given that concessions are key to profits for cineplexes, it seems unlikely they would forgo sales of food just to reopen.

County Executive Marc Elrich cited the low percentage of Montgomery County residents who have received a coronavirus vaccination as a primary reason to not lift covid restrictions to the degree the state did Friday. "County leaders will continue focusing on what works, listening to our public health experts and acting based on the needs of our community because public health is the key to a sustained and robust recovery for all," Elrich said in a statement yesterday after the Council vote.

Gyuzo Japanese BBQ closes at Rockville Town Square until Montgomery County indoor dining ban ends

The Montgomery County Council unanimously approved an executive order banning indoor dining yesterday. Interestingly, the Council did not put out a press release to trumpet their vote, a vote that angered many in the hospitality sector. In response, Gyuzo Japanese BBQ at Rockville Town Square was forced to immediately close for the duration of the ban, and to lay off employees ten days before Christmas. 

Due to the restaurant's concept of cooking food at your table, the impact is most severe at Gyuzo. Other restaurant tenants at RTS are soldiering on with tents and heaters, like Finnegan's Wake. Gyuzo is not alone in closing as a result of the indoor dining ban; Tastee Diner, a Bethesda institution for decades, also announced it was closing until the ban is lifted. That could potentially be spring at the earliest.

Montgomery County Council passes massive developer tax cut, now wants to cut pay for cops, firefighters

The Montgomery County Council voted 7-2 yesterday to approve a massive property tax cut for developers, estimated to cost taxpayers from $400 million to upwards of a billion dollars over the next 15 years.After overturning County Executive Marc Elrich's veto of the developer tax cut, the Council is now seeking to cut hazard pay for police officers, firefighters, Ride On bus drivers and other frontline essential employees who are at high-risk of contracting Covid-19 daily during the coronavirus pandemic.

Yesterday's vote continues two disturbing trends by the Montgomery County Council: a continued shift of the tax burden from developers (who contribute to all nine councilmembers' campaigns) to workers and homeowners, and the ongoing practice by the Council of breaking labor agreements. 

While property taxes on homeowners have risen each year except 2014 (in which the average homeowner got a $12 tax cut - gee, thanks!), large developers have enjoyed tax cut after tax cut on property and impact taxes over the last decade. It started with a $72 million developer tax cut in 2010. Remember how your energy taxes were hiked, and an ambulance fee levied, around the same time to make up for that developer giveaway? Yep.

Combined with the County's failure to attract high-wage jobs or a single major corporate headquarters in over 20 years, outsize spending by Council, and the flight of the rich due to record-high tax burdens, the developer pay-days have blown an atomic bomb-size hole in the County budget. The result is a structural budget deficit as far out as the forecasts go.

So we've known by the last decade that massive residential development results in a deficit, as the costs this new housing creates for services like schools, infrastructure and social spending far outstrips the revenue it generates. 

We also know there's little demand for luxury apartments, as a large percentage of the new units delivered since 2010 are filled with airbnb hotel guests, college students and corporate contract residents, none of whom pay full-freight rent. In fact, the Council admitted there's no demand for high-rise housing atop Metro stations when introducing the new tax cut - and they're going to bust the budget and hike your taxes to build something nobody wants, just so they and their developer sugar daddies can still make a profit on it.

And we've learned that the affordable housing "crisis" isn't actually a crisis, because the Housing Opportunities Commission was able to move hundreds of people out of The Ambassador apartments into vacant units elsewhere and demolish the building, while the owners of affordable Halpine View said they have no takers for their vacant units in Rockville. Whoops! 

The shift in revenue burden has also moved from the large, international development firms that contribute to the Councilmembers' campaigns to the mom-and-pop developers who live in the community and build or expand single-family homes. Not only did the Council hit them with new regulations and tax hikes like the recordation tax, but they've recently sought to levy an all-new "teardown tax" on these small building firms. When you know that the Council's long-term goal is to change zoning to allow urban development in existing single-family-home neighborhoods, you can understand why they're trying to clear the construction field for the big guys.

But the Council isn't done spreading the unfairness around!

Now it wants to take hazard pay away from first responders and frontline employees that is in already-negotiated labor agreements. While the Council hides at home on Zoom meetings, these police officers and firefighters are responding to calls and speaking with often-unmasked citizens on a daily basis. Ride On drivers are helping similarly-essential personnel get to work, and low-income residents get to medical appointments, while exposing themselves to the virus on every shift. 

The same Council didn't even give our police officers a sufficient supply of PPE and hand sanitizer. How interesting that the same councilmembers - Hans Riemer (D - At-Large) and Andrew Friedson (D - District 1) spearheading the $1 billion tax cut for developers yesterday are also leading the charge to cut hazard pay for cops and firefighters. 

Now, even as the councilmembers' own $140,000 paychecks increase year after year, they want to again renege on labor agreements. County employees are counting on these agreements when planning the financial future of their families. The Council wants to take food off their tables during a pandemic, and turn it into cash for their campaign donors - and into future campaign checks for themselves.

It's outrageous.