Wednesday, May 25, 2016

Process that favors developers over citizens, such as in Rockville bus depot schemes, targeted by residents

Residents organized by Save Westbard gathered at the Washington Waldorf School in Bethesda last night to discuss next steps in what is becoming a Montgomery County-wide citizen uprising against a planning process dominated by development interests. With the recent passage of the Westbard sector plan, attempts by the County to place several bus depots in residential neighborhoods in Rockville, controversial developments planned in Lyttonsville and downtown Bethesda/Chevy Chase, and the Planning Board approval of an urban-style low-income apartment complex in rural Damascus, disparate citizen groups are linking together to change the process, and boot out the County Council that voted unanimously to approve the Westbard plan and Carver bus depot.

One indication of the frustration with County elected officials was activist and attorney Robin Ficker collecting a bounty of new signatures for his term-limits initiative. Ficker believes he will come in with more than the 10,000 signatures required for term limits to be placed on the ballot for voter approval or rejection. If approved by voters, Councilmembers Roger Berliner, Marc Elrich, Nancy Floreen and George Leventhal would be forced to step down in 2018, and could not run again for those seats for four years.

Two new websites are being launched in the effort at Westbard and countywide.

MCCPR.org is planned to be the hub of activism for a county-scale citizen operation to reform the planning process, and reduce the influence of development interests in County planning and politics. Currently, the Council receives more than 80% of its campaign contributions from developers and development attorneys, with the exception of Elrich, who accepts no funds from development interests.

Evidence emerged that the Council has actually been cynically crunching the voter numbers, and had concluded that the number of voters at Westbard alone could not boot them from office. That Machiavellian calculation emboldened them to unanimously pass the Westbard plan despite overwhelming community opposition and anger. The same calculations could be underway for the Westmore Avenue bus depot site, where the County Council and Board of Education are not stepping in to stop it. With large, mobilized citizen groups now linking up, all bets are off for their reelection in 2018.

More specific to Westbard (but potentially duplicable in other areas facing sector plan rewrites), is a second site, PlanWestbard.org. Jack Lopez, a resident and professional urban planner, will head up the site. It will not only dive in-depth into the Westbard plans expected to be unveiled next week, but also present alternative concepts going forward.

Lopez says he will try to bring new tech innovations other jurisdictions and the private sector are using in planning to the analysis. Many of the methods currently used by the County to study traffic, for example, are vague, inaccurate, and incomplete.

Longtime County activist Stan Wiggins presented an analysis of the option to incorporate, which a majority of residents voted to explore back in April. It was hoped that an incorporated southwest Bethesda, or Lyttonsville, for example, would give local residents authority over land-use decisions like Rockville and Gaithersburg currently enjoy. Wiggins found that a new municipality's land-use authority would be retained by the County, unless a provision in the law was overridden by the state legislature. Given that many state-level office holders also receive hefty checks from the same developers, that is unlikely to happen.

This is just the beginning, as the large turnout at last night's meeting suggests.


JBG, GSA celebrate completion of new HHS complex at Twinbrook

Pictured from left are
Rod Lawrence, JBG Partner; Kristi Smith, JBG Senior Vice President;
Montgomery County Executive Ike Leggett; Greg Trimmer, JBG Principal;
Dr. Mary Wakefield, Acting Deputy Secretary of the
U.S. Department of Health and Human Services;
Julia Hudson, GSA Regional Administrator for National Capital Region;
Dr. Howard Haft, Deputy Secretary
Maryland Department of Health and Mental Hygiene;
and
Tiffany Waddell, Director of Federal Relations
for Maryland Governor Larry Hogan
Developer The JBG Companies and the U.S. General Services Administration held a ribbon-cutting yesterday to celebrate the completion of the new U.S. Department of Health and Human Services complex at 5600 Fishers Lane in Rockville. Previously known as the Parklawn Building, the 1970s building has been transformed into a collaborative workspace with natural light, and is expected to receive LEED Platinum certifcation. The makeover cost $300,000,000.

Centered around an impressive, 14-story glass atrium, the complex's open floor plans and skybridges facilitate ease of movement and cooperation among employees. Gensler was the architecture firm on the project, with James G. Davis Construction serving as the general contractor.

With 6000 employees and now four HHS agencies under one roof, the GSA still has 350,000 square feet available for expansion on the site. The expansion of federal jobs, along with the County's booming biotech sector, have been among the few bright points in an otherwise-moribund Montgomery County economy over the last decade. Since the residential building boom in the Twinbrook area of Rockville continues, being able to locate thousands of decent-to-high wage federal jobs there is a rare shot in the arm for the County's promise of smart growth.

In many other parts of the City and County, employment centers are being now converted to residential housing, putting more commuters on the road to job centers outside the City. Here, there's a chance for employees to walk to work, or take Metro.

"We truly have reason to celebrate today," said County Executive Ike Leggett at the ribbon-cutting. "I, for one, couldn't be more pleased." JBG Principal Greg Trimmer called the revamped complex a "world-class facility," and praised the collaborative effort among all of the agencies and contractors who made it happen.

The new complex is next to another JBG-developed workplace, the National Institute for Allergies and Infectious Diseases. JBG has arguably been the major player in the transformation of Twinbrook, with several commercial and residential projects now completed there.

Tuesday, May 24, 2016

Former Rockville mayor Giammo elected president of WECA

Outgoing West End Citizens Association President Noreen Bryan last night announced that former Rockville Mayor Larry Giammo has been elected the organization's new president. Giammo served as mayor from 2001 to 2007. He has been actively engaged in City issues since leaving office, however. In recent months, Giammo has been a vocal opponent of the proposed bus depot at the Carver Educational Services Center, and of the plan to build townhomes on the former site of Chestnut Lodge.

Retiring Rockville police chief recognized by Mayor and Council

Terry Treschuk, who has spent the last 27 years as Chief of Police in Rockville, was recognized by the Mayor and Council last night for his service to the City. "I begged him not to go," said Mayor Bridget Donnell Newton, who called the occasion "bittersweet."

An emotional Treschuk accepted a Rockville flag and the key to the city. "I'm just speechless, which isn't like me," Treschuk said at the podium. "I'm still in the city, and I'll be coming to Community Forum," he said to laughter.

Image courtesy City of Rockville via Twitter

BOE puts Carver bus depot plans "on hold," Westmore still on; Rockville Mayor and Council discuss options

Rockville's Mayor and Council discussed highly-controversial school bus depot proposals for two residential neighborhoods in Rockville last night, as the Montgomery County Board of Education announced it was putting plans for one of the sites "on hold" (although only the Montgomery County Council has the power to actually prevent the County from abandoning its current Shady Grove depot).

BOE President Michael Durso responded yesterday to a memo from the County Council that asked the board to cease all efforts toward building a Montgomery County Public Schools bus depot at the historic Carver Educational Services Center at MD 355 and Mannakee Street. Durso said he and the board understand the message that a permanent solution is preferable to a stopgap site.

Durso promised in the letter that, "We will put all planning activities on hold until a feasible solution, including a permanent plan for the relocation of the [existing] Shady Grove Transportation Depot, is identified."

While that is encouraging news for the residents near Carver, plans for a second bus depot at 1000 Westmore Avenue appear to be on a fast track. A petition against using the Westmore property, which is directly adjacent to homes in Lincoln Park, is now online. And residents of Aspen Hill remain concerned that the County will again turn to the Blair Ewing Center on Avery Road, out of desperation for a large depot site.

Residents opposed to the Westmore depot turned out at last night's meeting to speak during the Community Forum. The most discussed concerns included traffic, pollution, safety of children walking to a nearby park, more noise on an already-noisy street, and the explosive potential of mixing vehicles carrying large amounts of diesel fuel with an existing Washington Gas natural gas field.

Lincoln Park has made many neighborhood improvements over the last decade, and one resident said the bus depot would "defeat the purpose of what we did." It would create "an unsafe environment for kids," said Angela C. Younger, President of the Legacy at Lincoln Park Citizens Association. The neighborhood has a rich history as one of the most notable African-American communities in Montgomery County, meaning that the County is attempting to drop a bus depot into two African-American historic sites in the City.

"I never thought I would be up here" to speak at a Community Forum, began Lam Hoang, who lives near the proposed Westmore depot. "This would be a very dangerous place, if there were to be an increase in traffic along" Westmore, Hoang predicted. 400 buses idling at the depot and accelerating through the community "will be quite a bit of smog every day for us to breathe," Hoang said.

Hoang's neighbor, Kentaro Yamamoto, shared his concern about emissions, noting that he already has asthma. Yamamoto also expressed trepidation about the depot's effect on home values in the neighborhood, and increasing noise levels. "It is quite noisy on that road" as it is, Yamamoto said.

A new Lincoln Park resident said the depot would be "a nightmare," given the massive buses traveling narrow streets past small homes close to the road. "It's going to be really terrible," she said.

It seems like just as residents are getting organized, the County is attempting to work that much faster to ram the Westmore site through. The Montgomery County Planning Board is now scheduled to take up the Westmore depot site at its June 16 meeting. Importantly, the public will be able to testify at that meeting. 

But there are even more challenges to stopping the Westmore plan - it is coming to the Board under the Mandatory Referral Process, meaning it will be much harder to stop than a private development project. And MoCo Planning Department planner Khalid Afzul told the Mayor and Council that the Board will only be considering the issue of the County acquiring the land, and not the plans for the bus depot itself. City Councilmember Mark Pierzchala said it is imperative that a member of the Mayor & Council testify at that June 16 meeting, where Afzul said the Westmore item is currently scheduled for 8:30 PM (which I have to say is the latest time I've ever heard for a Planning Board agenda item).

On the Carver site issue, a representative of the Woodley Gardens West Civic Association reported that Greg Ossont of the County Department of General Services has demanded a king's ransom of $2332 to answer residents' request for documents related to the bus depot and Shady Grove redevelopment plan that requires new sites to be found. "This is pretty outrageous," he said. As Councilmember Beryl Feinberg is employed as Deputy Director of the County DGS, he asked her to recuse herself from any bus depot-related votes. Feinberg has "an obvious conflict of interest," he argued, as her employer could face financial penalty if new depot sites can't be found.

Feinberg objected to the suggestion, saying she has carefully thread the needle in determining when and when not to recuse herself, consulting with the City Attorney. She said she has "nothing to do with Capital Improvements" in the department, and has had no conversations on the topic with County Executive Ike Leggett. Feinberg said she will not recuse herself from bus depot-related votes.

Manor Lake Civic Association board member Kevin Gormley spoke in opposition to turning Blair Ewing Center into a depot, saying it would conflict with the MCPS planning process for Ewing, add more heavy vehicles in addition to a surge in truck traffic already expected from a new rock crushing operation nearby, and that residents' arguments are fact-based. Manor Lake is across Norbeck Road from Aspen Hill.

Aspen Hill residents, who already were forced to fight Round 1 with the County in the "Smart Growth Initiative" bus depot debacle, also turned out at the Rockville meeting last night. One resident accused the County (in perhaps the understatement of the year) of "putting development before residents."

There is concern in Aspen Hill that pressure from Rockville residents will encourage the County to reopen that old proposal to turn the Blair Ewing Center on Avery Road into the new depot. That move would potentially require the large alternative education program there to be relocated to the smaller English Manor school site in the residential area of Aspen Hill.

But the Aspen Hill speakers were also there to support their Rockville neighbors, noting that all of this sounds very familiar to them.

"We became the victims of bad planning," recalled Jamison Adcock, President of the Aspen Hill Civic Association. He said the County Council's Declaration of No Further Need for the current Shady Grove depot should not be made until an appropriate permanent site can be found for a new depot. What's happening at the moment, Adcock said, is "a spectacular failure of County planning, and it needs to stop."

Rockville's elected officials are trying to stop it, but are getting little information from the County and MCPS, and aren't even sure if they will be given any role in negotiating the solution.

Councilmember Julie Palakovich Carr asked staff if the City could make the public information requests that the County is currently rebuffing citizens on. Acting City Manager Craig Simoneau said it could, but that it is not common practice for Rockville. Pierzchala noted that the Carver Coalition has "done a huge, huge search of County websites and documents" to try to obtain any information it can, in light of stonewalling by the County and MCPS. Neither the County nor MCPS accepted invitations from the City to speak at last night's meeting (two officials from the County Planning Department, which is part of the National Capital Park and Planning Commission, did).

Mayor Bridget Newton warned against having the City pay the costs of the information requests. "The City shouldn't be in the position of funding these requests," she said, despite supporting the effort to obtain the information. Newton said she would like to support the requests in non-monetary ways.

Simoneau noted that the City might still need to pay for its own, more narrow information request. Newton said she would support that expenditure, as long as the information obtained is also shared with residents. Simoneau said that "absolutely" would be the case.

The Mayor and Council then discussed a letter they are planning to send to the Planning Board regarding the Westmore proposal, which would also be carbon copied to County Executive Ike Leggett and the County Council. Newton had drafted the letter, the text of which was supported by the City Council in nearly its entirety.

Feinberg suggested removing the language that asked the County to not consider Westmore, Carver, "and any other property in or adjacent to the City." She said there could well be sites not in residential areas within the City that eventually might be deemed appropriate. Pierzchala said he didn't necessarily object to the change, but worried that it "invites people to come close to Rockville."

Palakovich Carr asked if any further examination of the former Gude landfill site has been undertaken. Simoneau said staff is currently gathering information on it.

Newton brought up another alternative site that has been floated, the fire training site at Route 28 and Shady Grove Road. She said she knows the County has long-term plans to redevelop the land, but that it could function as a short-term solution. Pierzchala said he agreed that site should be considered. Councilmember Virginia Onley said she has been looking for potential sites as she travels across the city. One that caught her attention was a parking lot at MD 355 and Shady Grove Road, she said, suggesting staff look at that site as well.

With the exception of the Westmore issue - and it's very notable that the County Council and BOE are not taking the steps to protect Lincoln Park that they have claimed they're taking on the Carver site - much of the debate will likely be shaped by whatever the County Council decides to do when it discusses the whole Shady Grove depot debacle on June 21.

Monday, May 23, 2016

Montgomery County planning massive tax-cut for developers as they raise taxes on you

This Thursday, Montgomery County will raise your taxes to the highest level ever. And next week, they will discuss the biggest developer tax cut ever. 

Awk-ward.

On Thursday, the Montgomery County Council is expected to unanimously approve an FY-2017 budget that raises your taxes to a record, all-time high. It will include a property tax hike so massive, it required a unanimous vote by the Council last week to exceed the County's charter limit on property taxes. And it will hike the recordation tax you will pay when selling your home, or even just refinancing your mortgage. Notably, the budget shifts the cost of school construction from developers to taxpayers.

But the Council isn't done helping developers, who account for over 80% of councilmembers' campaign contributions, yet.

The Montgomery County Planning Department is now proposing a massive tax cut for developers.

That is not a misprint.

Just as the County has rejiggered its traffic congestion measurements to reduce taxes for developers, now the County political cartel is proposing to do the same for school capacity and construction costs.

Three key school funding equations would be changed under the planning staff's recommendations, and would result in developer tax cuts up to 59.4%!

Here's how the scam will work:
New math will make it
appear fewer students
are being generated
by new development
First, much like the "new math" planners now legally use to make failing intersections and overburdened roads appear to pass traffic tests, planners are proposing to change the equation for student generation rates. The "new math" will base the forecast only on housing built in the last ten years, which will - surprise! - slash the student generation rate significantly (anybody remember a little thing called "The Great Recession"?). Just a quick glance at the "before and after" colored bars in the graph above shows you just how drastic the change will be (green represents the number of students forecast under the proposed new math).
Massive developer tax cut
number one
The new, lower student generation rate will be combined with a biennial recalculation of school construction costs, to - surprise again! - massively slash school facility payments for developers. For example, the elementary school payment for a mid-rise apartment unit is currently $2,838. Under the new tax cut, that ES payment would drop to $1,495. How about a high-rise payment for the high school level in Bethesda, Silver Spring or Rockville? It will absolutely plunge from $804 to $394.

Sounds like a sweet deal, right? "But, wait - there's more!"
Massive developer tax cut
number two
Impact taxes developers pay will also be lowered under the new biennial formula. As the planning staff acknowledge in their report, under the new formula, "all School Impact Taxes will decrease." The mid-rise apartment building school impact tax per unit would drop from $12,765 to an astoundingly cheap $4,659.

In an additional proposed change, the current .9 multiplier in the school impact tax would be removed. This would preserve the type of massive tax cuts proposed for all but single-family homes. Which would also further discourage developers from building single-family homes, which cannot be built in the same density as townhomes and apartment buildings, and therefore generate fewer students on a lot of the same size than multi-family housing.

Think back to recent development fights in places like Westbard, downtown Bethesda, Rock Spring, White Oak and Lyttonsville, as well as the Adequate Public Facilities battle royale in the City of Rockville. At the outset of many of those discussions, the County Council and Planning Board Chair Casey Anderson told us they were going to "start a conversation" about how they could allow the massive development their developer supporters wanted, and somehow provide the infrastructure that would be required to support it.

Would you have imagined at that time that the plan was actually a ruse to open up the formulas and instead give those same developers a massive tax cut?

Well, if you read my blog back then, you might have known something was up.

It's unlikely anyone has any doubts about how arrogant and patronizing the County Council and Planning Board are at this point. You can be sure there's much "mansplaining" ahead from both, as they try to educate us to understand schemes and treachery - er, sorry, "Subdivision Staging Policy" - so complex it is simply beyond the small mind of you, the citizen.

Are you ready for term limits yet?

The Planning Board is expected to hold a public hearing on the proposals, and the rest of the SSP, on June 2, 2016.

So, to summarize, this Thursday, Montgomery County will raise your taxes to the highest level ever. And next week, they will discuss the biggest developer tax cut ever. You can't make this stuff up, folks! This is what happens when you have a political cartel where government policy is for sale to the highest bidder. And more than 80% of the money is coming from developers.

Res ipsa loquitur.

First look: World of Beer in Rockville (Photos)

Here's a sneak peek inside World of Beer in Rockville Town Center. The restaurant a beer list numbering 500 brews is scheduled to open on May 30 at 11:00 AM. 

World of Beer is located at 196 E. Montgomery Avenue, on the ground floor of the Upton apartments (which has a public parking garage; the entrance is steps away around the corner from World of Beer on Helen Heneghan Way).