Category Archives: Montgomery County

Marc Elrich Responds to Adam Pagnucco

Today, I am pleased to present a guest blog by Councilmember Marc Elrich (D-At Large), a candidate for county executive, that responds to a piece posted by Adam yesterday:

First of all, I’ve made my views pretty clear on “socialism.”  You would be hard-put to classify me, but I’ve been pretty clear that I think in terms of blending aspects of both major isms – which is pretty much what most European societies, which are largely democratic socialist, believe and what modern American society reflects, at least up to the present, with minimum wages, 40 hour weeks, social security, Medicare, child worker laws and health insurance.  My interest is in finding solutions that make sense – I’m not an idealogue. I have spent 12 years on the Montgomery County Council and I have yet to introduce a SINGLE piece of socialist legislation (whatever that is). I don’t think about my job that way.

 Most of what I’ve proposed over the years has been passed with 8-1 or 9-0 votes, so this fear of “socialism” is frankly nuts – I don’t have a socialist agenda that I’m trying bring here.  Now if socialism means expecting developers to adequately contribute to schools and transportation, I’ll point out that that’s not socialism, it’s simply not wanting to allow developers who substantially benefit from public decisions on zoning, to externalize the costs of providing infrastructure on to the public.  I do not believe in zero growth – I believe in responsible growth – and when I work with communities I’m pretty straight-forward about stating that change will come and my goal is to make sure that the people who live here participate in shaping that change. When there’s no viable plan for schools, or transportation, or other promised amenities in a Master or Sector Plan then, yes, I will and do vote against it.  Again, hardly socialism.

Second I never equated transit-oriented development with “ethnic cleansing”, I voted for the Purple Line which I wouldn’t have done if I thought that. I never said that TOD equates with “ethnic cleansing” and my BRT approach supports TOD.  I made a specific accusation about a specific planning board recommendation about a specific part of the plan that would have displaced thousands of people who would have had little to no chance of remaining in the area, let alone in the County.  The only nexus to the PL was that the plan was being done in response to it and, in this case, the Planning Board way over-reached. In a public session review of the plan, I said, “Couldn’t we for once just let the people who live here stay here after we fix a place up?” and no one responded or changed anything.  It was only when I dramatized it by calling it “ethnic cleansing”, in an onsite meeting with staff of the Council and PB, did anything get fixed: less than a week later the proposal was withdrawn; it was withdrawn on July 22, 2013 because of the possible implications of the zoning that had been proposed and its impacts on our affordable housing goals. The recommendation to remove was a 3-0 vote on committee, and it happened in a blink of the eye. Never seen so much land rezoned so fast. So in that particular instance, existing affordable housing was preserved because of my comments and involvement.   More broadly though, the PL will cause gentrification and almost everyone involved, except for a few who are uncomfortable with confronting anything that might taint their rosy scenario, knows it. The whole point of the Purple Line Compact was to create a multi-party agreement between the State and the Counties to have in place programs that would prevent, or at least minimize, the displacement of small businesses and existing residents. Everyone knew this was coming, and my saying it isn’t some stark new revelation.  But we all know that there is no compact because none of the parties would commit do anything to ameliorate what they know is coming down the road. So they changed the word “compact” to “agreement” which is toothless, devoid of funding or requirements to act; it is basically an agreement to worry about what might happen and to hope that someone comes up with a bright idea or two that, preferably, don’t have any costs attached.

Lastly, while I do favor a limited rent stabilization – one that would allow for larger rent increases for repairs or operating costs when they exceed the CPI, and it would not apply to new construction or buildings with existing MPDU’s or otherwise rent limited units – I never had the votes on the council to even discuss it and would expect the same from the next council. I would welcome an honest conversation about it, without any labels attached. I’ve always proposed that the County evaluate different strategies with an eye to what would result in the largest stock of affordable housing 20 or 30 years down the road.  And I’d be interested to hear how others would solve the problem of disappearing affordable housing: the recently approved Bethesda master plan would result in fewer affordable units than we have today. And we simply can’t build enough moderately priced dwelling units (MPDUs) to keep up. And we’re not building housing for the thousands who are too poor for MPDUs and spend 50-60% of their income on housing. By contrast, Takoma Park has had decades of rent stabilization, which has provided numerous families with stable housing. It’s not a perfect system but it has been an important tool to preserve affordable units as the area has grown in popularity and housing prices there have skyrocketed.  And Takoma Park has increased in desirability and popularity and is proud of its diversity of population.

So while the urban legends are amusing, they’re not who am and they don’t reflect what I do.

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John Delaney Endorses Gabe Albornoz

John Delaney has now taken a break from the House and traipsing around Iowa to endorse two people for at-large county council seats. Besides Bill Conway, he has also endorsed Gabe Albornoz, a candidate with local roots who has been Director of the County Recreation Department for over a decade:

I am proud to endorse Gabe Albornoz for Montgomery County Council At-Large,” Cong. Delaney said. “Through his leadership as the Director of the Department of Recreation for the past decade—he has created programs to engage seniors in activities, increase health fitness for residents, and to help close the opportunity gap among our children and youth. Gabe’s commitment to our community proves that he is the type of leader that Montgomery County needs on the County Council.

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Riemer Exacerbates Economic Growth Concerns

Andrew Metcalf over at Bethesda Beat reported on Council Chair Hans Riemer’s response to a question on the successes of the two-year old county economic development nonprofit:

“OK, so what are the successes of the Economic Development Corp.?” Riemer said. “Um, I might need a little staff here. My economic development team is not here.”

After a brief pause, he continued, “They are a new organization, they are growing. They have helped us build consensus around economic development. They have helped engage the business community in a positive way. I think they have improved the dialogue.”

Riemer’s inability to come up with an answer only continues the building narrative that the county government is not doing enough to promote economic growth or address fiscal concerns. His flub also undercut his claim that the Sage report cherry-picked its data and the claims are politically motivated:

“In comes this attempt to overturn the apple cart and get everyone shooting at us again,” Riemer said.

Consider the cart not just overturned but run over by a truck.

Is Riemer in Danger? Probably Not

Despite hiccups likes these that can accompany that spotlight on the Council Chair and a wealth of candidates,  Riemer looks to be on a solid path to a third term. He’s the only at-large member seeking reelection. After two terms, he has high recognition, which should be enormously helpful in a large county with so many candidates trying to get the electorate’s attention.

It also helps that most people, supporters or not, would agree that Hans is a nice guy. He has a deserved reputation for being willing to listen to a variety of viewpoints and responding respectfully. Naturally, decisions he has made leave some unhappy, but at least they feel heard.

In short, while his time as council chair has had its rough spots, it’s hard to see how Hans loses. No one is really pointing at Hans in way that could focus any anti-incumbency mood. There is little incentive to attack rivals in a multi-candidate race. Many Democrats are also far more angry at Republicans.

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Van Hollen Endorses Katz

Sen. Chris Van Hollen has long been considered the most popular politician in Montgomery County, so this is a good get for the Katz campaign. Councilmember Sidney Katz endorsed Chris Van Hollen for Senate in 2016.

The following is the Katz campaign’s press release:

GAITHERSBURG, MD – Sidney Katz, running for re-election to Montgomery County Council District 3, announced he has received the endorsement of Senator Chris Van Hollen.

“I’m proud to endorse Councilmember Sidney Katz’s re-election campaign,” said Senator Van Hollen. “From his time serving the City of Gaithersburg, Sidney understands how local government works and he’s been an effective advocate for his constituents. Sidney has also been a leader on important issues like criminal justice reform – spearheading Montgomery County’s new Mental Health Courts, and ensuring our seniors can age in place. Sidney has also been a leader in the fight to get big money out of politics and to put the public interest first.”

“I’m honored to receive Senator Van Hollen’s endorsement,” said Katz. “He’s been a progressive champion for our state as a state legislator, congressman, and now senator. He’s been a strong advocate for Maryland on issues ranging from education funding to the environment to campaign finance reform. I’m proud to have his endorsement.”

Katz has also been endorsed by the Montgomery County Public Schools Retirees Association, IAFF Local 1664 Montgomery County Career Fire Fighters, Fraternal Order of Police Lodge 35, the Coalition of Asian Pacific American Democrats of Maryland (CAPAD-MD), Metropolitan Political Action Committee – MD, the Brickyard Coalition, and over 25 local officials, including County Executive Ike Leggett and former District 3 Councilmember Phil Andrews.

Katz was first elected to the Montgomery County Council in 2014; he is serving his first term. Previously, Katz served as Mayor of Gaithersburg for 16 years and on the Gaithersburg City Council for 20 years. His civic career started in 1976 when he was selected to be a member of the Gaithersburg Planning Commission.

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Mixing It Up in District 1

District 1 Community Forum

Last night, the nine candidates for the open District 1 Council seat debated at the 4-H Center in Chevy Chase. It was a lively and substantive debate that gave the audience of over 220 a real sense of issue differences as well as a more personal sense of the candidates. Moderator Charles Duffy pressed candidates to expose issue differences to good effect.

From my vantage point, former longtime Kensington Mayor Pete Fosselman gained the most from the debate. Less known outside his bailiwick, Pete has a strongly pro-development reputation through his involvement in the Kensington sector plan. The debate revealed both real knowledge and a much more nuanced approach that was not anti-development but would buffer existing neighborhoods and place development near transit. He pointed out that the Council upzoned Westbard even though it’s not near Metro. (It would be a logical stop if the Purple Line were extended west to serve Bethesda from both directions.) Pete had a style that showed conviction but also came across as thoughtful.

Former Planning Board Member Meredith Wellington has a real well of grassroots community support. Active in the community in opposing over development that tramples on existing neighborhoods and does not provide infrastructure to support it, she touted that she is not taking developer contributions. Like Marc Elrich, she has a real ability to talk fluently about the planning process that nonetheless remains comprehensible to voters—no mean feat. Meredith’s argument against lowering standards as a solution to failing infrastructure tests—one my students would love—was devastating. Her calm, thoughtful approach strongly appealed to an audience that wants a say in the future of their community. Pumping up the strength of her delivery would further expand her appeal.

While Pete and Meredith had good nights, Del. Ana Sol Gutiérrez—normally an excellent debater—foundered. Even as Ana advertised her Chevy Chase residency for the first time in my recollection, she showed no sympathy with many community concerns. For example, she argued against new parks in Bethesda and essentially said that the Ag Reserve is Bethesda’s open space. Ana had worst moment of the debate as her effort to shift blame from state legislators to the County for insufficient school construction funds rebounded. She argued that the delegation was not organized and the County “wasn’t there” to make the case that Montgomery cannot afford to do it alone. Reggie Oldak called her “disingenuous,” as Ana left voters wondering why this Appropriations Committee member hadn’t addressed these problems after 16 years in the legislature.

Though a first-time candidate, Andrew Friedson sounded the most like a politician. On the positive side, he spoke commandingly and with confidence. Perhaps unsurprisingly for a former employee of Peter Franchot, he made the most articulate economic argument for why the County liquor monopoly needs to go. However, Andrew’s claim that he is “proud” of all of his donations in response to probing on his heavy developer support sounded unconvincing, evasive and overly smooth. While he repeatedly mentioned his business and labor “coalition,” Andrew noticeably did not highlight neighborhood or community support. At times, he seemed more comfortable with generalities than policy specifics.

Reggie Oldak highlighted her work for Planned Parenthood and the National Women’s Law Center as well as her experience as a tax attorney for the IRS. The latter might not be popular but it leaves her better prepared than most to read budgets and engage on these issues—welcome when many members of the current Council seem unaware of the tax rates their constituents pay or how the tax system operates. She had the most eloquent closing statement and said she wants to see: “less inequality among our residents throughout the county. Local governments need to invest in our priorities and protect our values. We cannot continue on this road of the haves and have nots.”

First-time candidate Dalbin Osorio made a strong impression. Talking about how he moved here for the schools—he and his wife are expecting their first child–he came across as someone who understands the community’s ambitions well and would advocate fiercely for it. Like Andrew, Pete, and Meredith, he’d get the county out of the liquor business. While not seen as a leading candidate, I hope he stays involved regardless of how the election turns out as he struck me as exactly the sort of up and coming candidate we need.

Bill Cook was the most stridently anti-development. His major contribution to the debate was challenging the Stockholm Syndrome that the community has no power and must do whatever developers propose. He attacked the role of money in politics and said it’s no coincidence that both the President and the Governor are developers and that incumbent District 1 Councilmember Roger Berliner has raised hundreds of thousands from developers.

Jim McGee argued that “the system” is currently not working for a lot of people in the county, a theme that resonated among voters in the district who feel that the Council simultaneously manages to ignore both struggling families and trample on communities. Like Ana and Bill, he opposed privatization of the DLC. He emphasized climate change and wants to see more green space in Bethesda, as do many other candidates.

Lone Republican Richard Banach is a political science major who admitted candidly and with humility that he didn’t know much about many of the issues. While he still has a lot to learn, he struck me as a shoot of hope from the Republican Party. If Robin Ficker is the past, thoughtful candidates like Banach will hopefully be the future of Montgomery County Republicans.

Thanks to the Town of Chevy Chase for organizing the Forum. I know Pat Burda among others put a lot of work into putting it together. Kudos also to the many interested voters who turned out to learn more about the candidates.

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Live Tweeting Tonight’s District 1 Debate

Tonight, I plan to live tweet tonight’s tonight’s debate between the nine (!) candidates for the Montgomery County Council District 1 seat.  The debate s being held at 7pm at the 4H Center on Connecticut Ave. in Chevy Chase. You can follow along @theseventhstate.

There are nine (!) candidates for the seat:

Richard Banach (R)
Bill Cook (D)
Pete Fosselman (D)
Andrew Friedson (D)
Ana Sol Guttierez (D)
Jim McGee (D)
Reggie Oldak (D)
Dalbin Osorio (D)
Meredith Wellington (D)

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Hucker Gets a Challenger

It looked for a bit that Tom Hucker (D-5), who only narrowly prevailed over Evan Glass in the open primary four years ago, was going to have an easy ride in his reelection bid. Not so. Kevin Harris has jumped into the race.

Harris and Hucker look likely to clash over development and the Route 29 BRT proposal. My impression is that normal primary divisions are a bit scrambled, as Harris is against the Route 29 BRT and wants to rein in developer influence.

Hucker’s decision to stay out of the public financing system while taking sizable contributions from development interests has already attracted attention in Bethesda Beat. Harris has chosen to stay in the public financing system.

If campaign finance resonates as an issue anywhere, you’d think it might be in this very progressive district. As the incumbent who has been in politics for years, Hucker starts out as a natural favorite but no longer has a cakewalk to a second Council term.

Kevin Harris Announcement by David Lublin on Scribd

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M-83 Supporters Get a Win

By Adam Pagnucco.

Back on November 3, David Lublin wrote that the County Council had placed the planned Upcounty highway M-83 “in the freezer.”  We agree with that take with one addition: if and when M-83 comes out of that freezer, it will be ready to serve.  That’s because instead of killing the road, the resolution passed by the County Council has preserved it for a future county government to build.

To understand what has happened, one has to consider the goals and challenges of road supporters and opponents.  The supporters want to fund its construction.  That’s tough because the road will cost roughly half a billion dollars and the county is reducing its annual issues of general obligation bonds to trim future debt service.  Opponents want to remove the road from the county’s master plans.  They believed they had a chance to do that since six Council Members said they opposed M-83 during the 2014 elections.  But that has not happened.

The council’s resolution, passed on Halloween, did not implement the agendas of either side.  Its action language is worth reading word for word.

The County Council for Montgomery County, Maryland approves the following resolution:

  1. The Council supports expanded capacity on I-270, the Corridor Cities Transitway, Bus Rapid Transit on or near MD 355, and improvements on MD 355. These improvements will provide significant, immediate relief for Upcounty residents. These improvements align with our economic development strategies, providing the broadest and most diverse benefits, and minimize impervious surface, stormwater runoff, carbon emissions, and other environmental impacts.

  2. The Council directs the Montgomery County Planning Board not to assume additional road capacity from the northern extension of Midcounty Highway when calculating the land use – transportation balance in future master plans, including but not limited to the upcoming Gaithersburg East Master Plan and the Germantown Plan for Town Sector Zone. This step ensures that any new development allowed under these plans does not rely on the northern extension of Midcounty Highway, while retaining the right-of-way for this extension in these plans.

Road supporters did not like the omission of M-83 from the list of projects supported by the council.  They should have no argument with the idea of not including M-83’s capacity in calculating infrastructure needs for future development.  That could help prevent the road from filling up immediately after it’s built (if it’s built).  But the last sentence referring to “retaining the right-of-way for this extension” is a big win for supporters of M-83.

Why does this matter?  A casual perusal of land ownership maps from the State Department of Assessments and Taxation shows massive county land holdings in the vicinity of M-83’s preferred alternative.  Identifying every one of the dozens of parcels owned by the county and county-affiliated entities there would be a time-consuming research project.

A sample of county-owned land for M-83 near Watkins Mill Road and Great Seneca Creek.

Instead, we asked the county Department of Transportation’s project manager for M-83 how much of the right-of-way for the road’s preferred alternative was currently owned by the county and state.  We received this response.

Dear Mr. Pagnucco:

Thank you for your interest in the Midcounty Corridor Study (M-83) project.  Per our preliminary assessment, approximately 60% ROW for M-83 has been dedicated or reserved and another 24% is in parklands owned by the County’s Parks.

Should you have any questions, please contact me.

Best regards,

Gwo-Ruey (Greg) Hwang, P.E.

Capital Projects Manager

That’s right, folks – the county and Park and Planning together control 84% of the right-of-way for M-83 right now.

Why does this matter?  Let’s remember the history of the Intercounty Connector.  The highway had been in master plans for decades.  As of 1997, the county and state owned more than half the right-of-way for the ICC.  The following year, Governor Parris Glendening announced he was killing the project and later told the state government to sell part of its right-of-way.  But the state did not sell off all its right-of-way and in fact purchased some of it after Glendening’s announcement.  Continued state ownership of the ICC’s right-of-way made it much easier for Glendening’s successor, Governor Bob Ehrlich, to reverse his decision and begin construction.

So it may be with M-83.  The county’s holdings of right-of-way for the project may be even greater as a percentage of its acreage than the state’s holdings of the ICC were a decade before its construction.  The resolution by the council explicitly calls for “retaining the right-of-way” in the master plans, suggesting that the county’s holdings will not be sold.  And the road has not been removed from any master plans, a key goal of opponents.

M-83 supporters should have hope.  M-83 opponents should beware.  Both sides have a lot of work to do in next year’s elections.

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Implications of the Minimum Wage Outcome

Bethesda Beat has the story:

The County Council on Tuesday voted unanimously to a compromise that will phase in the $15-per-hour wage over four years based on businesses’ size.

Under the compromise:

  • large businesses with more than 50 employees will be required to pay the minimum wage in 2021
  • businesses with 11 to 50 employees will have to pay the wage in 2023
  • small businesses with fewer than 11 employees will need to pay the wage in 2024.

The council also approved a measure to tie the wage to the inflation rate in 2022 to prevent the need to vote to increase the wage in the future.

Indexing’s Long-Term Impact

This last bit may be the most important. Indexing to inflation assures that Montgomery’s minimum will continue to rise. As a result, the gap between the minimum wage in Montgomery and elsewhere will continue to grow.

If demand for labor keeps the going rate below Montgomery’s minimum, especially as indexing drives it up, it will make the county less competitive in businesses that don’t need to be located here, though have less impact on many services that are hard to move. However, even these businesses, like restaurants, can choose where to open and we would likely see the result.

The impact on the County budget over the short term is unclear. Over the long term, it may force the County to ratchet up wages and cut other services more in lean budget times, since the County will no longer be able to limit COLAs for workers at the bottom and will have to fight wage compression.

Any future economic and budgetary pressures will be made more acute, as the popularity of indexing wages makes it politically perilous to remove. These potentially negative impacts, however, will occur enough in the future that the current crop of officials will not have to address any consequences of their actions.

Political Impact

The short-term politics are more interesting. It gives Marc Elrich a major victory to tout and undermines critiques of him as ineffective in marshaling his colleagues behind him. At the same time, the unanimous adoption of a compromise takes a lot of the juice out of the political issue as it was adopted unanimously.

Candidates can’t differentiate themselves when there is no difference on an issue. Incumbent Sidney Katz’s opponent, Ben Shnider,  regards this as a victory since he pressured Katz on the issue. But the Council’s action makes it very hard to campaign against Katz on this basis – a win for Katz.

The decline of the issue’s salience also benefits outsider candidates worried about the financial impact, as they are on the less popular side of the question. It may give an opening to County Executive Candidates Bill Frick and Rose Krasnow with the business community, which won’t like the outcome.

Roger Berliner will be grateful this issue is off the agenda and will tell business leaders that he did the best he did to mitigate its impact. Ultimately, however, he still voted for a policy they think is harmful, while Frick was willing to say publicly that minimum wage policy should be left to the state.

Frick will argue to business that his actions show that he is willing to take on tougher causes and they should get behind him. Krasnow is not yet formally in the race, which limits any lumps she can take but also prevents her from earning points on this issue. As the Maryland Lottery has spent much money to explain, “you have to play to win.”

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