Montgomery County has "open data" - until you ask for it

Montgomery County Councilmember Hans Riemer has used the concept of open data ostensibly to promote transparency in government - but more often has used it to promote himself in the local media. Rockville residents seeking answers about why their quiet residential neighborhoods have been selected to receive Montgomery County Public School bus depots are now finding government isn't quite as open as Mr. Riemer boasted.

In December 2014, Riemer touted the County's "new policy of sharing valuable data openly with the public. The new law is a foundation for a new digital strategy for Montgomery County, which I have helped formulate with County Executive Ike Leggett and his superb team."

Was government information open to the public in May 2016? Only if you have $4892 burning a hole in your pocket.

Land-use attorney Michele Rosenfeld made Maryland Public Information Act requests of MCPS and the Montgomery County Department of General Services for all public records relating to the designation of the Carver Educational Services Center parking lot as a bus depot.

On May 23, the DGS informed Rosenfeld that her request would cost $2332 to process. The same day, MCPS told her their charge would be $2560. Even the Mayor and Council of Rockville have been stonewalled by the County and MCPS in seeking information about the bus depot fiasco. In fact, representatives from both declined to show up at a Mayor and Council meeting where the topic was discussed.

How many County government officials does it take to screw in a lightbulb - or, in this case, comply with an MPIA request? At least 8, with at least four apiece from DGS and MCPS, according to the letters.

The result?

County officials either have to grant a public interest waiver - entirely justified under the circumstances, or someone has to come up with $4892 to find out what secret process led to the Montgomery County Council voting in February to fund design and construction of a school bus depot at Carver. Of course, the Council now claims with a straight face that they did not read the resolution before voting for it (the only other alternative being that they did read it, and are lying to their consituents - neither answer is a good one, folks).

On his campaign website, Hans Riemer says, "Montgomery County’s government is YOUR government. You live here. You pay our taxes. You pay the salaries of each and every public employee, including me. You have a right to know what your government is doing. And I have made protecting that right a central part of my work."

In reality? Not so much. Should you have to pay again, to buy the "right to know what your government is doing?"

Flippin' Pizza "temporarily" closed in Silver Spring (Photos)

Flippin' Pizza at 8517 Colesville Road in downtown Silver Spring is "temporarily closed," according to a sign posted at the pizzeria. Customers are being directed to the chain's Georgetown Square shopping center location in Bethesda. No reason for the closure is given, nor is there a reopening date posted.

Taste of Wheaton canceled for 2016

The Taste of Wheaton has been canceled for this Sunday, June 5, 2016, due to expected severe thunderstorms that day. According to Montgomery County, it will not be rescheduled and is simply canceled for this year.

“The decision to cancel Wheaton's signature event was not taken lightly,” Mid-County Regional Service Center Director Luisa Montero-Diaz said in a statement. “While disappointing to all of us, we had to consider the safety of our vendors, performers and attendees.”

High winds, hail and strong lightning are forecast for Sunday's storms.

Should developers get tax cuts as County faces "perfect storm" of development, school overcrowding?

The first public discussion of two proposed massive tax cuts for developers took place before the Montgomery County Planning Board last night, but we won't have a sense of where this scheme is heading until we hear what the commissioners themselves have to say about it. That discussion will take place at a worksession next Thursday, June 9.

But to hear from parents and PTA officials at last night's public hearing, the school facility needs are great. And according to County Executive Ike Leggett, the County Council's disastrous FY-2017 tax-and-spend-and-tax-again budget means there will be no extra money next year.

The thought of cutting even a dime of taxes for developers - as taxes were just hiked to record levels on residents last week - should not even be under consideration by any credible public servant. We should be talking about an equal tax hike for developers, not a tax cut.

"The idea that growth and density are the solution to all problems" is the problem, suggested resident Max Bronstein. A representative of the Bethesda-Chevy Chase cluster called the massive pending redevelopment in downtown Bethesda, Chevy Chase Lake, Westbard and Lyttonsville "the perfect storm," which will have great impacts on individual schools. He and Bronstein both noted that those single-school impacts often can be hidden from attention by the County's policy of measuring capacity by cluster averaging, rather than by each school's capacity.

Edward Johnson, a public school parent who lives in Bethesda, said the proposed reductions in what developers will pay related to school capacity "stands out as a loss to the County. We already don't have adequate funding" as it is. If anything, Johnson suggested, fees paid by developers should be going up, not down. "The developers are building the houses," said a representative of the Springbrook cluster, and should be contributing toward the cost of the students they are generating.

"We are many, many years behind constructing elementary school capacity" in the County, said Melissa McKenna, the Chair of the Capital Improvement Program committee of the Montgomery County Council of PTAs. "Please keep in mind that 2500 students are enough to fill three-and-a-half elementary schools," she said.

One mechanism being used to deliver the massive tax cuts to developers is to only count student generation from developments built in the last 10 years, rather including homes built before then. McKenna asked the board to "reconsider using all-year rates" instead, which the planning staff's own report shows would generate as much as 60% more revenue for school construction - and even that isn't enough, as that's the tax level we're at right now for developers. As it stands, McKenna observed, developer school payments "strike me as under-received."

Clearly the County Council and planning staff are aiming to shift the cost burden of school construction from developers to residents, as the new FY-2017 budget proves. A massive tax hike for you, while giving a massive tax cut for developers, is simply immoral. If we are in as bad of a shape with infrastructure as we are told, what sane person would proposed reducing the burden of developers? What is the argument? To encourage more development with even less revenue to cover costs? Nuts.

A separate issue in the Subdivision Staging Plan that contains the developer tax cut proposals is whether or not to extend the tax exemptions for developers currently allowed via an Enterprise Zone in downtown Silver Spring.

One resident noted that it has cost the Silver Spring community severely in lost adequate facilities revenue, citing the "unintended consequences of the enterprise zone." Twenty years of exemption from school payments and taxes has had "consequences for our schools."

But representatives of downtown Silver Spring projects already in the works say it would be unfair to change the rules now. Attorney Bob Dalrymple, representing Washington Property Company, said his client's profit margin is already "razor-thin" on its Ripley public-private partnership project that includes a new Progress Place facility. "The real issue is the economic viability [of the project] and general fairness here," Dalrymple testified. He suggested the Board grandfather the WPC project to retain the enterprise zone tax terms.

Attorney Pat Harris, not testifying for a particular client, agreed that grandfathering would be a solution. Getting rid of the enterprise zone in the middle of the development process "creates an incredible burden" for existing projects.

Tim's Sports World closing in Glenmont

Tim's Sports World, a sporting goods store specializing in tennis gear, is closing at 12355 Georgia Avenue in the Glenmont Shopping Center. I believe the same owner has a pro shop at the Aspen Hill Club, so you may still be able to buy equipment there. There is a closing sale underway at the Glenmont store, and the space is available for lease.

After approving historic tax hike, County Council now wants new Metro tax

"It's not just, 'no,'

it's 'hell no.'"

Will the massively-inconvenient Metro "safety project" scheduled to begin this weekend actually produce results? That is hardly clear. What is clear, is that the inconvenience is in part designed for a goal beyond safety - softening up you, the taxpayer, for a major tax increase.

We've already dealt with one "urgent" Metro crusade to fix long-delayed mechanical and safety issues throughout the system, leaving many weekend riders standing for hours in stations or taking shuttle buses instead. The results of that were zero, squat, zilch, as the current safety crisis proves.

But the big talk we've been hearing about the need for extreme measures like shutting down whole lines for months just happens to be coming from some of the biggest proponents of new taxes to fund Metro, including D.C. Councilman Jack Evans and Montgomery County Councilmember Roger Berliner.

Funding increased Metro capacity - expanding to 8-car trains, in particular, and increasing capacity on the Red Line north of Grosvenor - was something many transportation advocates have supported. The idea of simply pouring a whole lot of additional money into the bastion of incompetency known as WMATA, however, is a completely different prospect. It is very similar, coincidentally, to the Montgomery County Council's irresponsible decision to massively raise taxes on residents, and bust the bank by going $90 million over the required funding level for Montgomery County Public Schools - without a dramatically-different strategy to tackle the achievement gap than the failed one being utilized now by MCPS. Money down a toilet, in other words.

It's no surprise, then, that some of the loudest voices calling for a massive new tax for Metro are on the Council.

“We hope to have a plan ready to present by the end of September,” Councilmember Roger Berliner told The Washington Post. “Between now and then, we’re going to work with our jurisdictions to see if we can come up with unanimity with respect to a mechanism — a sales tax, a gas tax." 

Are you kidding me?

WMATA has shown zero results, and zero evidence to prove it is changing its ways. The agency is probably in need of a federal takeover, but even the feds don't want to touch this mess.

You'll also note that, once again, no proposal under consideration involves taxing developers, just the residents.

While many local leaders and media types are almost giddy about the pain you are going to feel using public transit starting this weekend, I have a more sobering prediction.

This really, really bad PR campaign designed to make you believe we really need to pour more money into the coffers of an entity ranking somewhere between Barwood Cab and the County liquor monopoly in terms of public popularity, is actually going to deal already-declining Metro a mortal blow. A grand strategy to get more cash is actually going to end up costing WMATA cash.

Because, starting this weekend, folks are going to be getting into their cars, not out of them. They're going to be buying cheap used cars. To a lesser extent, they're going to be biking or using Zipcar or Uber (don't tell the County Council). 

And many, many months from now, they're going to consider the calls for new taxes for a Metro slush fund. And they're going to consider the latest fare increases being proposed for the same service that ain't worth it at half the price.

And you know what they're going to say?

Their reaction will be exactly what Del. David Albo of Fairfax County's was: 

“It’s not just no, it’s ‘hell no,’ ” 

Shoe City latest addition to Ellsworth Place in Silver Spring

Folks shopping for shoes are likely to have no problem finding them in the future at the revamped Ellsworth Place mall in downtown Silver Spring. Shoe City, a regional footwear retailer that started in Baltimore in 1949, is in the process of leasing a 4872 SF space on Level 2.

Much like future tenant Rue 21, Shoe City also has a location at Wheaton Plaza.

Shoe City will add to the list of large tenants offering shoes at Ellsworth Place, including Payless, Foot Locker and Ross.