MoCo Council again tries to sabotage Montrose Parkway East

This week's so-called "compromise" on the Montrose Parkway East project is actually another attempt by the Montgomery County Council to either sabotage, or altogether cancel, the long-delayed highway. Amidst the political pablum of County Executive Ike Leggett's press release, clearly written under duress, was a sentence that did not receive sufficient analysis.

Leggett, who correctly did not want to delay construction of the road at all initially, stated that the one-year delay of the highway would be used to make design changes related to bicycles and pedestrians. He did not specify what those were, or who would approve those changes, and under what public oversight.

What we do know is that developers have wanted to kill the road outright, because it only benefits residents and commuters. It does not help developers, because it is a relief valve, rather than a road that lets developers build more "stuff." Developers want the money from the Montrose Parkway East to go to projects across the County that will allow them to build more stuff, the taxpayers who forked over the highway money be damned.

What we also know, is that several developer tools on the Planning Board have long dreamed of canceling the elevated portion of the parkway over Parklawn, in order to allow developers to build up to the edges of what would be an ordinary urban street. I was able to stop this attempt singlehandedly in 2013, when my testimony changed the votes of several commissioners, who were poised to cancel the grade-separated design for Parklawn at the behest of now-chair Casey Anderson. They also want other sabotage design changes that would similarly increase traffic congestion and lengthen travel time for commuters using the parkway. Such changes would ensure drivers in Rockville, Aspen Hill and other points east of a much-longer trip to and from I-270. Day after day after day.

CLICK HERE to take the first step in
shortening your commute

"Design changes" are right out of the Council playbook, and were previously used by Councilmember Roger Berliner to yet again delay the M-83 Highway. M-83 on the master plan alignment was ready to start construction on an up-or-down vote by the Council, after being recommended by both upcounty residents and MCDOT. Berliner, at the behest of developers, threw the project into an unrequired new approval process that included yet another public hearing. M-83, like MPE, is an old road needed decades ago, and won't by itself allow any development that couldn't go forward today.

It's critical we elect a Council that will cancel any sabotage design changes to the Montrose Parkway East, and will begin construction on that project and M-83 immediately.

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.

FACT-CHECKING MONTGOMERY COUNTY INFRASTRUCTURE FORUM

As Paul Harvey used to say, "And now...the rest of the story."

This past Saturday's infrastructure summit at Bethesda-Chevy Chase High School was long in hours but short on accurate information. The Parents' Coalition of Montgomery County described it as a "farce." Much of the program was made up of County officials delivering the same talking points we've already heard in other forums, and too little from actual parents and residents. More facts were being tweeted by the PCMC and citizens during the meeting than being generated by the speakers themselves.

No public speaking by the public,
please!

One would think that the beg-a-thon underway currently for school construction money would be enough to dissuade Planning Board Chair Casey Anderson from claiming that development is covering the cost of the new school construction it requires. While everyone is rolling around on the floor laughing in response to that assertion, let me point out:

DC, Fairfax and Arlington have all had real estate development booms - and they all had budget shortfalls this year. Montgomery County has been growing like mad before and after the recession - and is in a structural deficit as far out as the projections go.

Guess what? It's a fact that residential development does not generate the revenue needed to cover the schools and services those new populations require. Your ever-increasing Montgomery County taxes and fees are the best evidence of that.

Developers covering school construction
costs? Not quite... "Need state aid," tweeted
MCPS Board of Education member
Jill Ortman-Fouse. Yep, actual BOE member
said it, not me

The use of cluster averaging allows County officials to give the false impression that overcrowding is currently under 120% of capacity.

FACT: I'm aware of eight Montgomery County public schools which currently exceed 150% of capacity. One is at, or exceeds, 180% of capacity. At some point, it's like having two schools within one building.

FACT: As regards future development in the Walt Whitman cluster - those schools are over capacity now. Wood Acres Elementary is getting an addition, and that will put it at full capacity when completed (it was over-capacity prior to the beginning of construction). Kids are taking gym class in hallways at Pyle Middle School.

FACT: The generation of students from multifamily housing in the Whitman cluster, and in the Westbard Sector in particular, is significantly higher than elsewhere in the county. Bruce Crispell, long-range planner for MCPS, acknowledged this fact at the Westbard Sector Plan charrette.

How about those talking points about "urban" schools? Put aside the point that Westbard and other areas being targeted for massive overdevelopment are definitively suburban and residential in character for a moment. Put aside the point that neither potential elementary school site floated by planners for the Westbard sector is large enough to hold a school. Put aside the point that the acreage of Westland Middle School and the current Little Falls Library site together is not large enough to support the population, employees and facilities for two "collocated" schools (one wonders how many people who are talking about "collocating" a school at the Westland site are aware of the actual size of the property, and that any expansion into Equity One's site is blocked by the driveway for Kenwood Place - and the proposed Equity One grocery store building that would be on that part of the Westwood Shopping Center site).

Put that all aside, and ask yourself if you want your kids in a tiny school, with inadequate playground space, athletic fields and other facilities. As Rockville Planning Commissioner John Tyner pointed out recently, schools involve more than just jamming kids into sardine can classrooms and "urban" (a.k.a. cramped) school buildings. The facilities that high-quality schools require are "the things that really determine if kids get a good education or not," Tyner said. I won't even get into the idea being floated of these schools being placed in industrial areas! What's better than a portable classroom? A portable classroom next to an EPA brownfield, I guess.

"Full disclosure": The architect speaking at the meeting was with Perkins Eastman. The same Perkins Eastman retained by developer Equity One for its Westbard redevelopment plan. The same Perkins Eastman that thereby will profit from approval of the Westbard Sector Plan as currently formulated. An approval that will be decided by Chairman Anderson, and Councilmembers Roger Berliner and George Leventhal, and other officials present at Saturday's forum. Is this a forum, or corporate lobbying?

By the way, there's a lot more to infrastructure than schools. Roads, sewers, police and fire are just some of the major expenses development generates. Yes, proponents of BRT did use this forum to push for that $5 billion bus system boondoggle - which will have zero impact on traffic congestion.

FACT: BRT would reduce capacity on the County's most-traveled commuter routes by a full 33%.

FACT: The current draft of the Westbard Sector Plan includes not a single project or proposal to increase automobile capacity on River Road or Massachusetts Avenue. And how could you do much anyway, given that the River Road right-of-way is constricted by homes east of Little Falls Parkway. Would the War-on-Cars-Capital of the World, Washington, DC, widen River Road within its borders past Western Avenue? Fuhgeddaboudit!

Contrary to what you may be hearing from this meeting and the media - we are not "going to be okay" on our present course regarding development and infrastructure.

"And now you know...the rest of the story."

Just the facts, ma'am.