Tuesday, July 19, 2016

Mayor & Council nix dramatic changes for Southlawn industrial area in Rockville

Rockville will likely take a more conservative approach to improving the co-existence of the Southlawn industrial area and the residential neighborhoods that adjoin it than a consultant study recommended. The study provided a range of options from modest to dramatic for review by the Mayor and Council. Last night, there was unanimous agreement on most issues that it is too early to take a radical approach.

Transportation is one of the biggest concerns of residents in East Rockville, especially cut-through traffic. Several residents testified during the Community Forum earlier at last night's meeting that they were displeased with City staff's recommendations to not take more drastic action to curtail such traffic. They noted that neighborhood plans from years ago were already recommending such changes prior to the Southlawn Industrial Area Study.

The Mayor and Council, while seeking further study of the citywide implications of more dramatic options like closing sections of streets, generally felt that more modest measures could have an impact. These could include stricter enforcement of truck traffic restrictions, and more speed cameras on N. Horners Lane.

Regarding potential road network changes, Councilmember Julie Palakovich-Carr said she was "not quite ready to take this one off the table." She asked for further study, including whether adding more direct road connections rather than closing sections of roads might help reduce cut-through traffic. Councilmember Mark Pierzchala did not favor road closures at this time, saying it could actually hurt access for residents by making the neighborhood "one big giant cul-de-sac." He suggested a better approach would be to "make it a real pain to traverse that area," by adding more stop signs and increasing funds in the next budget for traffic enforcement in that area.

Of 10 transportation recommendations, the Mayor and Council ultimately gave the green light to Recommendations 1 through 6. They asked for further study of #7, the potential realignment of Southlawn Lane to straighten the bend north of Lofstrand Lane. Recommendations 7 and 8 were eliminated, and they asked staff to come back with more potential options for #10, long-term changes to the street grid.

The other major decision was whether or not to rezone the public housing development David Scull Courts. Clark Larson, project manager for the City on the Southlawn study, said staff concluded the development's current industrial zoning is not an issue. As public housing, David Scull Courts retains a public use rather than being a private residential development. To rezone it as residential would essentially be a semantic change, rather than a practical one.

"I don't see the need to change the zoning," Pierzchala said. Mayor Bridget Donnell Newton, Palakovich Carr, Onley, and Councilmember Beryl Feinberg concurred with Pierzchala on leaving David Scull Courts as industrial. They did not favor reducing setbacks between industrial and residential uses where an opaque wall separated the two uses, nor did they want to change zoning for properties in the industrial area at this time.

The formal process of addressing concerns in the Southlawn area began 13 months ago, when the City began a long-asked-for review of community issues there.

Monday, July 18, 2016

MoCo Council crackdown on airbnb reinforces County's anti-business, "fight-the-future" reputation

Anti-business Montgomery County
Councilmember Hans Riemer
When Montgomery County Councilmember Hans Riemer declares he has found a new sector of the economy to fix, businesspeople are justified in heading for the hills. After chasing 96% of food trucks out of the County (or out of business altogether), running 9 bars and a 24-hour restaurant out of business in Bethesda with his "nighttime economy" initiative, and spearheading a "get government of the liquor business" drive - that ended with Riemer endorsing the County government monopoly on liquor, where to next for Hans Riemer?

Well, after Riemer and his Council colleagues finished raising your Uber fares in Montgomery County, they're now fighting another modern upstart in the cutting-edge "sharing economy" sweeping the nation: airbnb.

County residents found a wonderful business opportunity in offering their properties for short-term rental on airbnb. They dared to have some success and make money, without help or involvement from Montgomery County Government. And that's sure to run you afoul of the Montgomery County political cartel.

As with Uber, Lyft and other ride-sharing services, the Council has their Communist China-style doublespeak ready to deploy. They are actually "legalizing airbnb," if you read their taxpayer-funded propaganda regarding the bill and zoning text amendment. Most people struggling to pay the bills and get the kids to school on time will hear that, shrug, and keep going.

Here's what they're really doing:

First, folks in the County have found a relatively simple and easy source of revenue through airbnb. So the MoCo cartel has to figure out A) how to eliminate this business opportunity, or at least make it difficult and complicated enough that "the masses" (a.k.a. the little guy) will be discouraged from engaging in it; and B) how does the MoCo cartel get a cut of the money?

The answer is very similar to their agenda with Uber. Apply a new tax. Make Uber more expensive to use. Make doing business here more costly for Uber, thereby driving up Uber fares and driving down another new economic opportunity, driving for Uber. Less drivers adds to the pressure for higher fares, and Uber becomes less appealing to use for those with less money. And "the little guy (or gal)" who thinks of a way to disrupt Uber with his or her own ride-sharing innovation now can't get into the market, because the entry cost is higher than it was when Uber and Lyft got in. Mission accomplished, and they sold it as "legalizing Uber."

Now, it's airbnb's turn. A public meeting will be held tonight to seek feedback on the airbnb crackdown. You can RSVP online.

Riemer, et al, have pointed out with glee that they are so inept (the County government was found to run on Windows 2000 four years after Riemer took office), that they passed a zoning code in 2014 that made airbnb "illegal."

Montgomery County is not enforcing the supposed rules that "banned" airbnb. In fact, a search on the airbnb website for rentals available for this coming weekend in Bethesda and Chevy Chase alone shows 26 listings. Those include a bargain $38 airbed available on Westbard Avenue. There are 30 listings in Silver Spring, including a "cheerful, serene" room near Forest Glen for $39.

Those prices are for check-in Friday through check-out Sunday. For the traveler who can't afford an overpriced hotel room, that's a huge deal. That also ticks off the County political cartel.

So, if successful, the Council will double-tax airbnb "landlords" by forcing them to pay both income tax and a hotel tax, a law already passed by the Council last year. Now they'll add a new "tax," which they're calling a license, and which must be renewed annually.

In addition, airbnb entrepreneurs would only be able to rent their primary residence. The bill also contains a stipulation that "County officials" (and the language leaves open that it could be any County official, if designated by one of three officials named in the bill) have the right to enter your property at any time for any inspection "they may deem necessary." Finally, the bill demands that the property owner maintain a guest register like a hotel, with personal information on each airbnb guest, that the County can review at any time.

With the hotel tax and register, once again the Council is treating one type of business as another. They successfully forced ride-sharing services under the same rules as taxicabs, a completely different business model. Here, they're attempting to reclassify airbnb rentals as hotel rooms, or bed-and-breakfasts.

And once again, the cutting edge of business and technology is going to be blunted by our "Fight the Future" County Council. Across the country, entrepreneurs, venture capitalists, and other businesspeople seeking to launch start-ups are paying attention to the follies of our elected officials.

They're finding Montgomery County to be an expensive and complicated place to do business. That hurts businesspeople, and it hurts consumers. We get less choices. Prices go up. Opportunities and jobs continue to go elsewhere.

What are we missing out on under the "leadership" of Riemer and our current Council?

Global revenue from the "sharing economy" is forecast to reach $335 billion by 2025, according to PricewaterhouseCoopers. Even the famously-liberal City of Takoma Park isn't cracking down on airbnb.

Message? If you want to start a disruptive tech company, don't start it in Montgomery County. With an already-moribund private sector economy, and billions in wealth fleeing to neighboring jurisdictions, that's a message we literally cannot afford to send.

East Grill Karaoke, Class 520 Thai ice cream rolls coming to Rockville Town Center (Photos)

Two new dining options are coming to Rockville's Town Center. East Grill Karaoke is moving into the Courthouse Center shopping center at 12 N. Washington Street. And a new ice cream shop called Class 520 is taking over the former My Vapez space at 5 Dawson Avenue. The store will offer handcrafted Thai ice cream rolls.
Future home of
Class 520
Is this the first place to offer Thai ice cream rolls in Rockville, or just the first one I've heard of? These are also known as stir-fried ice cream, a way of making ice cream that originated in Thailand.

Here is a video showing how the rolls are made.

Friday, July 15, 2016

Montgomery County Council to hold session on 911 system failure July 28

The Montgomery County Council's Public Safety Committee will hold a "special worksession" to receive preliminary findings on this week's catastrophic 911 system failure. Two residents seeking fire and rescue assistance died during the outage. Media accounts suggest those fatalities were a result of the inability to reach 911 operators.

ABC7 reporter Kevin Lewis asked the daughter-in-law of Ting Ting Co if she thought her husband's mother would still be here today if the County's 911 system had been operational Sunday night. "I think so, I think so," replied June Cheung of Brookville, who was a caretaker for Co.

The session will be held at 9:00 AM on Thursday, July 28, in the 3rd floor conference room of the County Council Building, located at 100 Maryland Avenue in Rockville. Hopefully the discussion will explore failure of the Alert Montgomery system during the outage, as well. Text alerts were not sent out to subscribers until 16 minutes after the outage had ended early Monday morning. I am still the only reporter to raise the Alert Montgomery failure issue.

Of course, the tables should be turned at some point to ask the Council why they failed to ensure the 911 system had adequate back-up, especially knowing that there was only one level of backup! Did you know these clowns gave themselves a 28% raise, and that you - the taxpayer - will be paying each councilmember $136,258 each next year?

We're definitely not getting our money's worth.

Public meeting for Chestnut Lodge plan revision set for July 26 in Rockville

Applicant JNP Chestnut Lodge will host a public meeting regarding its revised project plan amendment for 500 W. Montgomery Avenue on Tuesday, July 26, 2016 at 6:30 PM in the Mayor and Council Chambers at City Hall (111 Maryland Avenue).

This is in regard to the controversial townhome project planned for the former site of the Chestnut Lodge psychiatric facility's main lodge building. The revision sought is to reduce the number of units from 7 to 6, and slightly reduce the overall footprint of the structure.

If you can't make this particular meeting (and that's a real possibility given it is being held in the last prime vacation time of the summer), you can see the full tentative schedule for the review of this revised plan amendment in my previous post.

Thursday, July 14, 2016

Okay, so this is what is going on at Congressional Plaza (Photos)

The mystery digging and construction work at Congressional Plaza makes a bit more sense, now that the shopping center has posted a rendering of what the result is supposed to be when the project is finished. Also, the work is not purely cosmetic. A new restaurant tenant, Modern Market, is joining the lineup.

Modern Market will open its first D.C. area location at Bethesda Row, another Federal Realty property, in mid-August. This Rockville location will open later this year. The chain emphasizes healthy eating, and serves those on a variety of specialty diets, including vegan, paleo, low carb/high carb, celiac, South Beach, and low-GCI.

Their ingredients are farm-sourced, and will offer coffee, bread and beer from Washington, D.C. Modern Market serves breakfast, lunch and dinner.


Wednesday, July 13, 2016

MoCo employees, labor officials denounce County Council's Koch Brothers-inspired bill

Montgomery County public employees and their union leaders packed the County Council hearing room last night, to testify against an anti-labor bill that finds some on the Council in an unholy alliance with the far-right Koch Brothers. The bill, introduced by Council President Nancy Floreen, would gut collective bargaining rights of County employees, and replace neutral arbitrators who have expertise in labor negotiations with retired judges.

Many expressed shock that a bill with language inspired by the Koch Brothers' American Legislative Exchange Council (ALEC) would even be entertained by the County Council. The move by the Council has gotten the attention of labor officials at the highest level in the country; Tefere Gebre, Executive Vice-President of the national AFL-CIO, testified in person. He carried with him a letter from AFL-CIO President Richard Trumka. Gebre said it was unusual for Trumka to weigh in on a local issue like this, but that the Council's bill is "so egregious," the statement was necessary.

"I shouldn't be here tonight," Gebre said. "There is no need for me to be at the Montgomery County Council" to oppose anti-labor legislation, he said. A Silver Spring resident himself, Gebre noted that even the title of Floreen's bill is worded like ALEC's model Public Employee Bargaining Transparency Act. The text of the bill itself is a "cut-and-paste" job from the Koch Brothers organization, he said.

"The entire labor movement is keeping an eye on what you are doing," Gebre warned. "It breaks my heart that this Council is entertaining this."

Such a high-level emissary having to chide the Council was almost overshadowed by typical antics from Councilmember George Leventhal. At the hearing's outset, Leventhal requested the floor before anyone could testify. Knowing the auditorium and television audience was at its peak, Leventhal proceeded to hijack the hearing, to unleash an attack on public employee unions for a recent robocall. His monologue, read off of a prepared script, went on for nearly ten minutes.

When Gino Renne, President of the main County employee union UFCW Local 1994 MCGEO, was called up to testify later, he asked if he could have additional time to rebut Leventhal's attack. Floreen denied the request, saying Renne could use his allotted three minutes however he wished, but could not have a separate rebuttal. "So he can make gratuitous statement with no response?" Renne asked.

Renne made a point that was heard not only from many speakers, but from those in the crowd, as well - that most County employees are also taxpaying residents. "70% of our membership resides in Montgomery County," Renne said. "Let's stop demonizing them for not doing their fair share."

County resident Richard Kirschner, a longtime labor law practitioner, charged the bill was "extracted from ALEC," and would be "Draconian in its consequences." The idea of conducting collective bargaining in public, one aim of the bill, is "absolutely, completely absurd," Kirschner said. He said Floreen had failed to provide "a single piece of empirical evidence" to justify her bill.

Judges, Kirschner added, do not have the expertise in labor agreements that the current neutral arbitrators possess. To some judges with no labor background, he said, "factory is a compound word, preceded by 'Cheesecake,'" which drew laughter from the crowd. Justin Vest of Progressive Maryland said having retired judges rather than neutral arbitrators would "call that neutrality into question."

Jeffrey Buddle, President of the Montgomery County Career Firefighters Association IAFF Local 1664, said the bill would do "meaningful harm to County employees," and that "all of the trump cards would be dealt to the County" in future bargaining. IAFF 1664 has only arbitrated twice, Michael Rund of the Professional Firefighters of Maryland pointed out. In his experience, none of the jurisdictions he has participated in negotiations in has the three-person arbitration panel proposed under this bill. And taxpayers would now have to pay for three people to do the job currently performed by one, he said.

Two firefighters provided emotional testimony against the bill. Brock Cline, currently working out of Station 26 on Democracy Boulevard in Bethesda, mentioned his two small children were in the audience. Cline said he and his wife "work alternating shifts to take care of them." He said they live in a modest house, and he drives a model year 2000 car. "It is all we can do to keep living in Montgomery County," Cline said. The crowd rose to give Cline a standing ovation.

Robert Ford, a career firefighter since 1992, said that given the dangerous work firefighters do and the impacts on their health, he is very concerned that the bill would "hamper...health and safety negotiations."

William Mitchell, speaking on behalf of MCGEO, disputed the frequent criticism that County employees are receiving pay packages that are overly generous. He said that County Ride On bus drivers will actually earn $200,000 less than their Metrobus counterparts over their careers, even though they drive the same roads. Also challenging the assertion that County employees are living large was Darrell Carrington, representing
ASCME Council 67. Most expenditures by public employees are for food and medicine, Carrington said, "not even thinking about vacations or fancy things like that."

A 30-year County employee, Dianne Betsy, has worked in the Department of Libraries since 1990. She called the Council bill "a slap in the face to all County employees." Noting that many County workers had to give up pay increases they were entitled to in FY-2017, she said "the Council decided we didn't deserve the raise. Rather than reward our hard work and loyalty, we are again being attacked" by the Council.

Her colleague Patricia Buck took time off from her library job to testify, and said it was the first time she had ever spoken before the Council on a matter. Referring to terms used in the County code regarding labor relations, Buck suggested the bill "does not feel at all 'harmonious' or 'cooperative.'"

"I don't think Ms. Floreen understands the process of collective bargaining," County employee Leon Walters said. He asked why the Council would be "helping the likes of [Wisconsin Governor] Scott Walker, rather than helping our County employees."

Al Vincent, Jr., representing UFCW Region 2, called the bill a "horrible attack on the rights of UFCW workers." He ripped the Council for allying with the Koch Brothers and their ALEC organization. "Will you follow, and ride on the backs of ALEC?" Vincent asked them.

The fact that the Council has to defend its adoption of ALEC model legislation "is in itself damning," said Stuart Applebaum, representing both the UFCW and the Democratic National Committee. "We can't understand why our elected leaders would associate with ALEC and their ideas," said Carlos Jimenez of the Metropolitan Washington Council of the AFL-CIO.

Maryland State Fraternal Order of Police President Vince Canales confessed he was in disbelief that the Council would consider the bill. "I'm puzzled and amazed," he said. "We're in Montgomery County - this is Montgomery County," he repeated incredulously.

"I'm surprised that this legislation is in Montgomery County," said an equally perplexed Mark Federici, President of UFCW Local 400. "This legislation is unjust, and is beneath the citizens of Montgomery County and this County Council." For the all-Democratic Council to walk away from that party's core value of supporting labor, Montgomery County Association of Administrators and Principals President James Koutsos said, they are demonstrating "a desire to distance yourselves from the very people who have supported you."

Kevin Heenan, an employee with the County Department of Corrections and Rehabilitation, said the Council's actions are "not necessarily shady, but must be seen as suspect." He encouraged people to consider the term limits question that's likely to be on the ballot this November. Jimenez also predicted political storm clouds on the horizon for the Council, arguing there is no room for a councilmember who would support ALEC.

A former five-term VP with MCGEO (and a founding member), resident Larry Dickter said that "hateful us vs. them" rhetoric "may be worthy of the Trumps of the world, but should be beneath" the Council. Personalizing the debate, Dickter asked councilmembers who support the bill to "find the unarmed security officer who came here tonight to protect, and God forbid, even take a bullet for you...And tell him you need to cripple his union to keep him from getting ahead."

It seems unlikely that this bill will find the support to pass, but it is another clear indicator of the rise of a new kind of Wall Street Democrat both locally and nationally. First Councilmember Hans Riemer got elected with financial backing from Mitt Romney's Bain Capital and Danaher Corporation, two pioneers in outsourcing American jobs to China (among many other Wall Street firms and lobbyists who filled the Riemer campaign fund).

Now several councilmembers, incredibly, are teaming up with the Koch Brothers on this initiative. The bill and discussion last night from the dais also reminds one that Floreen and Leventhal are currrently jockeying for the endorsement of the anti-labor Washington Post editorial board, in the 2018 County Executive race.