Montgomery County residents overwhelmingly favor funding Office of the People's Counsel

Peggy Dennis and Ruben Meana Paneda
testify before the Montgomery County Council

Ten of the eleven residents who testified before the Montgomery County Council yesterday urged councilmembers to restore funding for the Office of the People's Counsel in the FY-2024 operating budget. All ten also spoke in strong opposition to the bill that was the subject of the public hearing, a legislative move to permanently eliminate the office, which the Council has failed to fund since 2010. Bill 18-23, introduced by Councilmember Andrew Friedson (D - District 1), would kill the position of People's Counsel, an attorney who could advise residents and civic associations on land-use and zoning issues, and represent their interests in administrative hearings. Friedson's bill would replace the People's Counsel with a toothless resident advisor, who would not have to be a licensed attorney, and who would not be allowed to participate in administrative hearings, would be unable to call or cross-examine witnesses, and would be forbidden to introduce evidence or point out violations of zoning law in those hearings.

Resident Sue Present said Friedson's developer-friendly bill "keeps the fat cats fat, and throws neighbors and neighborhoods under the bus." Friedson has received extensive campaign contributions from development interests, and developers have hosted fundraisers for him. 

The only resident to testify in favor of Friedson's bill to eliminate the People's Counsel was Jane Lyons-Raeder of Silver Spring, who has previously been employed as a lobbyist by the developer-funded Coalition for Smarter Growth. Lyons-Raeder said the quiet part out loud, expressing concern that a restored People's Counsel "could quickly turn into a free lawyer for people who oppose development in their neighborhood." She argued that Friedson's proposed advisor position would be preferable, as it would not "allow for free legal representation" for residents.

But the small way in which the Office of the People's Counsel takes a tiny step toward leveling the playing field with development interests who can afford high-priced lawyers is precisely what the 90% of residents who testified in favor of restoring the position yesterday see as its central appeal. Resident Max Bronstein pointed out that in a land-use dispute he was engaged in from 2007 to 2012, the developer had two lawyers, and a team of five land-use specialists. Montgomery County government has over 100 attorneys who represent it, he added. "Should not the 1 million people of the county have 1 lawyer representing them?" Bronstein asked the Council.

Bronstein said the Office of the People's Counsel was "a great aid" in his case up until 2010, when the Council defunded the office. He pointed to the Office of Legislative Oversight report on the OPC, which recorded that the People's Counsel participated in an average of 44 land use cases per year, and provided information on zoning and land use to residents an average of 347 times per year before being defunded.

Nowhere in the OLO report was it recommended the Office of the People's Counsel be closed, Bronstein noted. He said the People's Counsel will be particularly needed in the coming years, as the Council attempts to implement the controversial Thrive 2050 plan, which will allow attached housing and small apartment buildings to be constructed in existing single-family home neighborhoods.

Rick Meyer of the MoCo Coalition for Control of Cell Towers concurred that expert advice is needed for zoning text amendments, and not just for residents, but for the Council itself. A Council ZTA to allow 5G antennas to be placed in locations that were off-limits to such equipment at the time was later found to be in violation of the County's own laws. If even the five-year head of a Council committee couldn't understand the zoning laws, Meyer suggested, it indicates the need for just such a knowledgeable land-use attorney as the People's Counsel. In fact, one of the People's Counsel's duties and powers is the ability to point out when a developer or the County itself is in violation of the law during adminstrative proceedings.

Elizabeth Joyce of the 
Montgomery County Civic Federation

Elizabeth Joyce and Alan Bowser of the Montgomery County Civic Federation both recalled that several of the sitting councilmembers had promised their organization that they would restore funding for the Office of the People's Counsel during candidate interviews the federation held last June. Joyce said money is not the issue, because the funds Montgomery County Executive Marc Elrich has earmarked for the office in his proposed FY-2024 budget amount to only .0004% of the total budget.

Given the recent scandals that ended with the resignation of the entire Planning Board, Bowser questioned why Friedson would suggest eliminating a tool of equity and transparency like the Office of the People's Counsel. "Why in this moment of broad distrust, why would any of you want to exacerbate this situation" by proposing to eliminate the OPC? Bowser asked. Comparing Friedson's OPC-killing bill to a similar one that failed to pass seven years ago, Bowser concluded, "This was a bad bill in 2016; it's a terrible bill in 2023."

Resident Susan Labin pointed out that Friedson had ironically recently complained that a state bill that would have increased the County Executive's authority over planning and zoning was "a power grab," while Friedson is now attempting to grab power away from residents by killing the Office of the People's Counsel. "It seems like at every turn the real power grab is by the special interests," Labin said.

Nicole Williams

"I'm speaking from painful experience," Potomac resident Peggy Dennis said at the beginning of her testimony against Friedson's bill, and in favor the Office of the People's Counsel. She spoke of the many hours residents in her community spent fighting a gigantic assisted-living development that was in violation of the area's sector plan and County law, which was proposed by "a well-heeled developer." Had the OPC been in operation at that time, Dennis argued, "all of that time would have been saved...That person could have introduced evidence in a hearing, called witnesses, pointed out" illegal violations. 

Such time investment is beyond the means and availability of most residents, Nicole Williams said. "We shouldn't have to" spend time trying to interpret zoning and land-use laws while developers have the advantage of expensive attorneys. After 13 years of failing to fund the People's Counsel, Williams said, it's "time to stop giving residents the runaround."

The reality, as Bronstein noted during his testimony, is that there are hardly any land-use attorneys who will represent residents, even when wealthier neighborhoods have the money to pay them. This is absolutely true. For years, Norman Knopf would take such resident and civic association cases. After he retired, his partner David Brown continued in that role. But Brown refused to represent the Westbard residents who sued Montgomery County over illegal actions during the approval of the Westbard sector plan. Michele Rosenfeld took the residents' case. With her victory on Kensington residents' behalf in the Costco gas station case, and partial victory in downsizing the density of the Westbard Square development, Rosenfeld is now the preeminent land-use attorney representing residents and civic associations in court and in administrative proceedings. 

But that can only help if you can afford to hire an attorney. With the large number of newer residents in the County either being low-to-moderate in income, and many not speaking English as their first language - as Present noted in her testimony, a public resource and representative like the Office of the People's Counsel becomes more vital every day. And with the Planning Board and County Council increasingly ruling against majority sentiment and ignoring resident and civic association testimony, it can be argued that - if anything - the role and power of the People's Counsel should be expanded and made more muscular.

Rockville elementary school students sickened by methamphetamine "candy"

Rockville City and Montgomery County police detectives were called to College Gardens Elementary School at 1700 Yale Place in Rockville yesterday, after three students fell ill after sampling what they said they thought was candy. Inital toxicology reports on the 7-year-old children suggest the blue "candy" may have instead been methamphetamine-related drugs, such as Adderall or Molly. All three students have been discharged from the hospital. It appears the students were wise enough to spit out the items before swallowing them, minimizing their ingestion of whatever the controlled substance was.

"I am relieved that the students will ultimately be fine, but in many ways, what happened today is frightening,” Montgomery County Police Chief Marcus Jones said in a statement.  “I hope that it serves as a powerful motivator for parents to keep having the difficult conversations with their children about the dangers of taking or eating unknown substances." Detectives are continuing to investigate the source of the controlled substance the students said they found.

Smash-and-grab burglary at Town Square Jewelers in Rockville

One or more burglars used a sledgehammer to smash the front windows at Town Square Jewelers at 100-E Gibbs Street in Rockville early yesterday morning, April 16, 2023, MoCo PG News reported on Twitter. Glass displays inside the store were also smashed. The total value of all of the merchandise stolen has not yet been announced by Rockville City police, who responded to the burglar alarms at the scene at Rockville Town Square. Police did recover the sledgehammer, which was found nearby. The suspect(s) remain at large.

Why Montgomery County needs an Office of the People's Counsel more than ever

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.

Rockville police searching for suspicious man who invited child to his home for candy

Rockville City police are seeking the public's help in identifying and locating a "suspicious man" who approached a juvenile this morning, and invited him back to his home to eat candy. Police say that the man, who was in a wheelchair, approached the boy around 9:45 AM this morning, April 16, 2023, in the 400 block of Congressional Lane. The suspect is described by police as a white male in his fifties, wearing all-black clothing, a yellow bandana and a face mask, in a wheelchair.  

Police say the child walked away from the man, and reported to his parents what had just transpired.  The RCPD Criminal Investigations Unit is asking the public to provide any information as to the identity of the subject, or any similar incidents of this nature they are aware of, by calling 240-314-8938 or e-mailing detectives@rockvillemd.gov.

Colony Grill coming soon to Cabin John Village Center in Potomac (Photos)

The lineup of restaurants being assembled at the Cabin John Village Center in Potomac is simply amazing. Here comes another one - the first Maryland location of the Colony Grill. It doesn't sound like a pizzeria, but that's exactly what is. Colony Grill has been serving its famous "hot oil bar pie" pizza since 1935 in Stamford, Connecticut. 

There are 12 toppings you can put on this very-thin crust pizza that intentionally carries less cheese and sauce than the typical American pizza - but one with just the pepper-infused hot oil sauce is what the owners recommend. They also have a full-service bar with TVs. You can see they are also going to have a nice, elevated outdoor dining area for summer breezes.

The permanent sign is up outside the pizzeria. Inside, construction is well advanced. How good is the pizza at Colony Grill? Davey Pageviews gave it an 8.4 out of 10, high praise from a very tough pizza critic. Everybody knows the rules!

Le Bonday boutique to open at Congressional Plaza in Rockville

Le Bonday, a luxury retail and resale boutique, is taking over the recently-vacated Loyal Companion space at 1643-A Rockville Pike, in the Congressional Plaza shopping center. The owner currently operates the Bonday store down the pike at Federal Plaza. Le Bonday promises "luxury shopping without the luxury price tag," with labels including Chanel, Gucci, Prada, Versace, and Louis Vuitton. The boutique is scheduled to open on May 10, 2023.