The great irony of the attempt by some on the Montgomery County Council to
permanently kill the long-dormant Office of the People's Counsel, is that the position is needed even more today than when the Council defunded it in 2010. Developers seized majority control on the Council in 2002 through their well-funded "End Gridlock slate" of candidates, and by 2010, controlled 8 out of the 9 seats. Yet there was still at least a cosmetic veneer of an idea that growth and land use issues were up for some debate. For initiatives or major master plans that were a heavy lift, County planners had to gin up elaborate presentations and supporting ideas like "smart growth," and "transit-oriented development," and even falsely state that rail transit lines, new highways and "vibrant town centers" would be part of "smart growth" communities like Clarksburg and Watkins Mill.
Once the Office of the People's Counsel - held by an attorney who could provide zoning and land-use advice to the public, and represent residents' interests at administrative hearings - was defunded, the public role in land-use decisions was rapidly phased out. An incredible series of events began to unfold. The Columbia Country Club - which had successfully held off construction of the Purple Line for decades - was defeated in that struggle by the county political cartel in 2013. That same year, the Planning Board stifled a potential Maryland Attorney General Investigation of the criminal Farm Road scandal, by appointing an investigator who had donated thousands of dollars to the Attorney General.
In 2014, the County Council approved a new zoning code that essentially rezoned everything except single-family home residential neighborhoods as mixed-use. 2016 witnessed unanimous Council passage of the controversial Westbard sector plan, despite overwhelming resident opposition. From 2017 to the present, the Council, Planning Board, and Housing Opportunities Commission would continue to stymie and suppress all efforts to conduct archaeological studies on the Moses African Cemetery in Bethesda. And last fall, the Council passed the controversial Thrive 2050 over countywide resident opposition, a plan that will end single-family home zoning across most of Montgomery County.
Had there been an Office of the People's Counsel over these thirteen years, it's likely that none of these events would have transpired in the way they did, if at all. The People's Counsel would surely have tangled with County officials on the complex zoning matters at stake. Instead, we've seen a Planning Board and Council that completely ignore public input from individual residents and civic associations, and steamroll ahead with whatever developers want to do.
If anything, the Council needs to scrap Bill 18-23, and get about the business of restoring funding for the Office of the People's Counsel. You won't be surprised to know that the author of Bill 18-23, Councilmember Andrew Friedson, isn't just the recipient of developer campaign donations - - developers even host fundraisers for him.
What's needed is not just the return of the People's Counsel, but a beefed-up version of the office, with expanded authority. Sector plan updates should once again require a committee to be formed with representatives of all stakeholders, including residents, not the sham charrette process that replaced it.
It's also time that a new layer of protection that District of Columbia residents enjoy is added to Montgomery County: Publicly-elected, non-partisan Advisory Neighborhood Commissions. As stated on the D.C. Board of Elections website, "Advisory Neighborhood Commissioners advise the District government on matters of public policy including decisions regarding planning, streets, recreation, social services programs, health, safety, and sanitation in their respective neighborhood commission areas. Advisory Neighborhood Commissioners are elected to two year terms every election year."
In an era where development interests are supercharged, it's time that residents also get a power boost from a People's Counsel, sector plan committees, and the establishment of ANCs.
The Council will hold a public hearing on Bill 18-23 tomorrow, April 18, 2023 at 1:30 PM. If the Council presses ahead with a vote on the bill before it adjourns for the summer, voters will want to watch closely. There haven't been enough votes on land use issues by this new Council to determine how many of the 11 seats are now controlled by developers. Any member who votes to kill the Office of the People's Counsel will have made crystal clear who controls their seat.
