Category Archives: Chevy Chase

Dishonorable Chevy Chase Election

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Outside of the Town Hall

Democracy in Action?

Two incumbents, Pat Burda and John Bickerman, were on the ballot for the two open seats. No other candidates filed. Bickerman was reelected but Burda got defeated by a write-in candidate, Fred Cecere.

So far, this just looks like democracy in action. And indeed, surprise winner Fred Cecere promoted that view in his one public message on the town’s unofficial listserve since his election:

A week ago, I had no intention of being a candidate for Chevy Chase Town Council. When I was approached by a neighbor and asked if I would accept a write-in vote, I felt honored, but skeptical. I was overwhelmed and humbled by the many people who voted for me Tuesday.

Stealth Candidate

Except that this email does not reveal the depth of secrecy around his stealth candidacy. His supporters actively worked to keep the large majority of people from knowing that he was running as a write-in candidate. An odd approach for someone who has claimed since the election to value “transparency”–one that was labelled a “coup” and a “conspiracy” by various residents.

The level of secrecy behind Fred Cecere’s stealth campaign was only revealed when a town resident exposed publicly an email from Ed Albert:

Vote John Bickerman
Write in “Fred Cecere”

DO NOT vote for anyone else.

We have worked very hard to keep this among the right group. Pls only give those names to those you feel 100% certain are like minded. If you check with me first. I will let you know if they are already covered.

Please vote today for John Bickerman and write-in Fred Cecere. Together, we can TAKE BACK OUR TOWN!. Between 5-8 is ideal for the element of surprise, but anytime is better than no vote.

Ed Albert was one of the prime organizers behind the effort. People like Albert and others who think like him apparently believe that only “the right” people should vote. Rather than run an open campaign based on the issues, they chose to run a secret, stealth campaign. Turnout is very low in municipal contests, especially uncontested ones. The organizers of this stealth candidacy took advantage to get their man elected. As you can imagine, this trickery hasn’t gone down well with all residents.

Participation of John Bickerman and Al Lang?

Two councilmembers seemingly have close links to this rather un-neighborly campaign.

John Bickerman is a professional mediator who heads the two-person Bickerman Dispute Resolution firm and teaches dispute resolution at Cornell. His website says that he strives to provide “ethical dispute resolution.”

Nevertheless, Bickerman apparently was aware of the stealth write-in candidate and defended it at length publicly (see also this Washington Post article) even though his election statement touted his commitment to “transparent and open governance.” Despite this public commitment, Bickerman has refused to answer questions about his involvement except to write:

I am truly saddened by the turmoil and divisiveness that this election has brought to my Town. For the last 25 years, I have devoted my life to resolving conflict and helping parties avoid litigation. Since becoming a member of the Council, I have sought to find ways to find compromise and reduce conflict on the Council.

Except that his actions were anything but transparent–even after the election was over. It’s nice that he wants to “heal some of the open wounds” but it seems insincere not to mention unethical when he helped create them in the first place and did not answer public questions about his participation. More cynical than healing.

Councilmember Al Lang, not up for election, also appears to have been in on the game. Though he also refused to answer public questions on the town listserv about his participation, he handed in Fred Cecere’s financial disclosure form to the Chair of the Town Ethics Commission at the end of Election Day. Lang is tipped to become the Town’s mayor. He is also the CEO of Coteva, Inc.

Justification?

The major reasons given for the secret plot of a stealth candidate that I have read include (1) disagreement with Town government policy and that people who did (2) felt “disenfranchised.”

Disenfranchisement means denied the right to vote. No one in Chevy Chase has been disenfranchised. Even if one goes beyond to include the idea of representation, Fred Cecere’s supporters already had two representatives on the Council.

If they wanted to gain a third person on the Council, the democratic approach would be to nominate Fred Cecere–signatures from just five voters required. If Cecere’s supporters waited beyond the (very late) filing deadline, the same people who now vocally defend these tactics on the Town’s unofficial listserv could have argued for his write-in candidacy publicly.

The real reason for the secret campaign, of course, was that its supporters likely feared that they couldn’t win an open contest if the “wrong” people were given a say. Al Lang nearly lost last year and held his seat by 10 votes against a young, new candidate. As Bickerman originally won election by a similar margin, he might well have lost an open election.

Norms and Laws

There are many actions in this world that are legal but aren’t right. This unethical stealth campaign is a perfect example. It wasn’t respectful of their neighbors and fellow voters. In a normal democratic election, people know who the candidates are and make a choice–even if that choice is not to vote.

If anyone has a right to feel disenfranchised it’s the people who were treated badly by not being deemed the “right” sort. Cecere supporters chide people appalled by their tactics for not voting but kept their actions very secret in order to gull people who think differently from them into not voting.

Nevertheless, their actions in doing so may have been legal. Even though Maryland law requires write-ins to file for election for good reason, Chevy Chase does not. But it wasn’t ethical. It is yet another symptom of the decline of civility in our politics. If you feel disrespected by the current people in power, campaign openly for change.

The Real Legal Issue

The central legal issue was not the organization of the secret campaign but the failure to turn in financial disclosure forms by the required deadline. While some argued that the statute was vague or clearly did not apply to write-in candidates, others pointed out that all candidates were required to turn them in. Moreover, courts are loathe to overturn elections and rarely do it.

The one point where the plot itself becomes evidence is that the secrecy could well be deemed an effort to evade the State’s ethics laws (i.e. the financial disclosure requirement). Moreover, the secrecy would help overcome the usual burden in election law cases that one should have filed an action in court before the election if at all possible.

In the end, the Town Election Commission refused to certify the election until the question was examined by the Town Ethics Commission. The Ethics Commission broke down 2-1 in favor of seating Fred Cecere. From the account available on twitter, all three commissioners did their best to grapple seriously with the legal questions and gave valid reasons for their vote even if they disagreed as to the final outcome.

Legitimacy and Democracy

The winners may have gained a seat on the Council but they lost the legitimacy that comes with winning an open campaign. As Fred Cecere did not campaign on any issue positions, he can hardly claim a mandate from the Town for his agenda.

As a political science professor and former mayor of the Town, I know politics often isn’t fair. There is also a fair amount of rough and tumble, even if one might expect better in a small town that is really a neighborhood where people often know candidates and see their councilmembers regularly. But this also isn’t how I teach my students about how democratic elections should be–or a model for our kids more generally.

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Chevy Chase Grapples with Power Problems

Following a series of major outages and repeated poor service, the Town of Chevy Chase, particularly then-Mayor Pat Burda, worked closely with Pepco to improve the reliability of electricity in the Town. I was still on the Town Council at that point and the Council adopted my suggestion to establish a Power Reliability Task Force to examine alternatives.

The residents on the Task Force did a bang up job of assessing various potential alternatives and coming up with a plan of action for the Town in their official report. I stepped down before the Task Force began its work; Councilmember Vicky Taplin worked with the Task Force’s seven members who produced this unusually clear yet informative assessment. The Town was lucky to have citizen volunteers with such amazing expertise.

As reported by mymcmedia, burying the power lines is an unaffordable $60 million–minimum. Even if the Town buried the lines, it would still have to keep up the poles to carry other utilities or also pay them to bury their lines, resulting in additional substantial costs. As disruption often occurs due to breaks outside the Town, it’s also not clear how much benefit the Town would gain.

Nevertheless, despite tree trimming and other good improvements by Pepco such as installing tree wire, the main feeder line that serves 73% of the Town’s residents remains among the 3% worst in the State. Ironically, as the report explains, this is a case where bad news is good news:

During the September meeting with Pepco, the Task Force learned there was a high probability that at least circuit 14867 would be on the 2014 worst performing list, and the Task Force heard in early January that this is the case. The result of such bad news is good news indeed: Pepco will now undertake a systematic upgrade of this line in 2015. Work will be planned in the first quarter of the year, and should be executed in the second and third quarters. The Task Force therefore expects that the nearly three quarters of town residents on this line should see further improvements in reliability in 2016, following the completion of this up grade program.

The good news is that power reliability across Pepco’s broader service area has improved, though work still needs to be done to get to an acceptable level of reliability. My belief is that strong demands by residents played a key role in getting Pepco to address belatedly the serious decline in service reliability. Citizen watchdogs like Powerup Moco help make sure it doesn’t happen again.

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My Retirement

Dear Friends and Neighbors:

I wanted to let you know that I plan to step down from the Town Council this May at the end of my term. I feel very fortunate and honored to have received the trust of the people in the Town of Chevy Chase and to have had the opportunity to serve on the Council the past six years, including two as mayor.

I’m looking forward to remaining involved in the community. Thanks to Housing Unlimited, a wonderful organization that provides housing for people with psychiatric disabilities here in Montgomery County, for the privilege of letting me serve on their Board.

Though I didn’t file for reelection, I am very pleased to have been nominated for my professional association’s governing Council. I look forward to having more opportunity to focus on my research and to indulge my love of travel.

I’ve learned and gained so much from the experience–my respect for those of you who are running has increased all the more. I appreciate all of the friendship and support so many people in the Town have given me. The best part about serving on the Council is all of the great people that I have gotten to know.

Many thanks and all the best,
David

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Bethesda Just Wants to Have Fun

County Executive Ike Leggett’s Nighttime Economy Task Force has made a number of recommendations to attract a more active nightlife to Montgomery. Sorry I meant to say MoCo. We’re all hipsters now here at 7S.

Aaron Kraut of BethesdaNow.com summarized the key proposed changes:

The Task Force will recommend the county extend the hours of operation for venues with alcohol licenses an hour, to 3 a.m. on Fridays, Saturdays and the Sundays before Monday federal holidays and 2 a.m. on weeknights.

That would match D.C. and Prince George’s County and prevent what Pohoryles said restaurant owners call “the mad dash,” the period when Montgomery County bar goers get in their cars and drive to D.C. for another hour of alcohol service. The rule would keep the half-hour “grace period,” in which last call would actually be half-an-hour before closing time.

Also part of the bar-friendly recommendations are changes to the county’s noise ordinance in specific urban areas.

The Task Force will recommend increasing the allowable noise levels for “qualifying arts and entertainment activities in these areas,” to 85 decibels, allowing those levels to midnight and ensuring nearby residents are informed of the law prior to moving in.

So basically more booze + noise = fun. Heck, I suspect any random group of college students could have told you that. The only problem is that downtown Bethesda’s prime demographic is not college students or recent college grads but empty nesters.

Neighborhoods near to downtown Bethesda are a combination of families and empty nesters. In six years on the Town Council of the Town of Chevy Chase, located directly east of downtown Bethesda, I have never heard anyone lament that the bars in Bethesda close too early and that they have to dash elsewhere to keep drinking.

The Task Force’s chair wants to reassure that the changes are meant to benefit everyone:

Heather Dlhopolsky, a Bethesda attorney and chair of the Task Force, made it clear the Task Force wasn’t just about catering to the 20-34 year-old crowd, citing the significant number of empty nesters moving to downtown Bethesda.

Nevertheless, the recommendations have provoked a backlash precisely from that group. Jon Weintraub provided this summary of the thoughts expressed at a meeting of over 40 condo owners from many different buildings in downtown Bethesda:

There is universal opposition to the County Executive’s Nighttime Bethesda proposal, if it means extending bar hours and changing the revenue ratio. It should not move forward! What can be done to ensure that the noise ordinance is not altered for downtown Bethesda?

Instead Weintraub wants to know:

What is the planner standard for public green space, library, and recreational facilities per 1000 units of development in the downtown?

What can the county and the planning board do to improve the quality of metro service to Bethesda given density decisions are tied to the presence of the metro?

The meeting was organized by Jon Weintraub with Jane Fairweather, a very successful local realtor who knows the Bethesda market extremely well and hardly one to object to changes if she thought they would make her market more and not less valuable.

No doubt some will deride their objections as those of anti-business older people who expect unreasonable levels of quiet and have confused the area with an assisted living facility. But my impression is that their objection is not to a vibrant nightlife but want it to fit in with the area’s existing strengths.

Bethesda is filled with restaurants and also has a large number of bars for that matter. However, the empty nesters who can afford to buy all those condos–and provide a lot of custom to these businesses–prefer it quiet before 2am.

The key to keeping Bethesda so successful is make changes that reinforce what is already attractive not just to families and empty nesters but also to many twenty and thirtysomethings. Middle of the night noise, drinking and nightclubs probably aren’t it.

The Task Force has a lot of suggestions to streamline the process of establishing a business that would probably be helpful to that end. Ironically, the one change that would please restauranteurs and bar owners the most is the one that they shied away from adopting:

Montgomery County operates as a control alcohol jurisdiction, with all alcohol purchases coming from a central DLC [Department of Liquor Control] warehouse. That has led to complaints from restaurant owners about the availability of special orders, such as craft beer, and the time it takes to fill an order.

Evan Glass, a Silver Spring activist and prospective County Council candidate, said the group should talk about how necessary the DLC is.

It’s a contentious issue, in large part because the DLC contributes $25-$30 million a year to the county’s General Fund. It also recently opened a new warehouse in Gaithersburg.

Glass suggested the DLC should at least keep a portion of that contribution to hire more employees who could help it be more responsive.

Most agreed that recommending wholesale changes, or the dissolution of the DLC, was too big a task for the Task Force. The final recommendation, when it comes out in the Task Force’s final report next week, will call for a study of the DLC’s effectiveness from the Council’s Office of Legislative Oversight.

The irony here is that the Task Force attacked directly requirements that restaurants sell as much food as liquor. Yet, they’ve stayed away from a major barrier to locating restaurants here because alcohol is more expensive in MoCo and unique beers and wines are harder to obtain. The City Paper, practically the definition of urban hip, wrote about the issue back in 2007.

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The Mini Munis of Chevy Chase

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Chevy Chase, Maryland Zip Code

Even people who live in Chevy Chase get confused about all of the mini municipalities in the area. I’ve had people think I represent them, though they don’t live in my town. Here is a short guide for the perplexed.

The Chevy Chase, Maryland zip code includes all of the area in the above map. Many portions of the zip code are not part of any incorporated municipality. Much like Bethesda, these areas are a postal address and unincorporated parts of Montgomery County. Some of the western parts of Chevy Chase bleed into Bethesda and the northern parts into Kensington. When I moved back to Maryland and went to get a driver’s license, MVA refused to accept a document with “Bethesda” as the city because my other proofs of residence said “Chevy Chase.”

The Town of Chevy Chase

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The Town of Chevy Chase started out as Section 4 but became the Town after it annexed Section 8 in 1976. The Town is the more or less the area between Wisconsin and Connecticut Aves. and between East-West Hwy. and Bradley La. with the commercial area on Wisconsin excluded. The largest incorporated municipality bearing the name of Chevy Chase, it has slightly more than 1000 homes and 2,800 residents and is mostly within walking distance of Bethesda. Many of the homes, particularly those located closest to Bethesda, have been redeveloped, leading the Town to adopt its building code around six years ago. (I have served on the Town Council since 2008, including two years as the Town’s mayor.)

Chevy Chase Elementary School, the Jane E. Lawton Community Center,  and the National 4-H Conference Center are also located in the Town. The Town Council operated out of the 4-H prior to the construction of the Town Hall. The Town’s annual Fourth of July picnic is its most popular event.

Town services include back door twice-a-week garbage collection as well as recycling. Over 20 percent of Town residents participate in the Town’s recently established organic recycling program operated by Compost Crew. This week, the most popular town service is that we shovel the sidewalks when more than three inches of snow falls in addition to clearing the streets.

Chevy Chase Village

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Chevy Chase Village is larger in area but smaller in population than the Town with just under 2000 people because its homes are mostly on bigger lots. The wealthiest municipality in Maryland, the Village has its own police department located in the Town Hall. It also has a post office located in the Village Hall. The southwestern portion of the Village is very close to Friendship Heights.

Straddling Connecticut Ave., the Village is perhaps best known these days for its speed cameras. The Village loves the cameras because they slow down traffic and generate revenue. Others are perhaps less keen. I once heard traffic along this stretch of Connecticut described as “the funeral procession.” I like to tease Village Board of Managers Chair Pat Baptiste that I try not to walk too quickly in the Village to avoid getting (another) ticket. Pat is extremely experienced in Village and County politics, having served as Chair in the past as well as on the County Planning Board.

President Obama paid a visit to George Will’s home in the Village before his inauguration in 2008 but it appears that the friendship didn’t blossom based on his columns. As the Village not only votes heavily Democratic, like most of Chevy Chase, but supported him strongly in the 2008 Maryland presidential primary, President Obama nonetheless probably feels welcome.

Section 3 of the Village of Chevy Chase

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Incorporated in 1982, the Section 3 of the Village of Chevy Chase Section 3 is home to 760 people who live on 280 lots north of Bradley La. and between Connecticut Ave. and Brookeville Rd. Andy Harney is not just a neighbor but the longtime Town Manager. Smart, direct, and tough, she’s great at standing up for her town’s interests, as anyone who has ever seen her in action knows.

Village of Chevy Chase Section 5

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Located just north of slightly larger Section 3, the Village of Chevy Chase Section 5 is the more southern of the two “sections” and home to 650 people. It has 223 homes and one restaurant, La Ferme. Like its southern neighbor, it incorporated in 1982.

Martin’s Additions

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The Village of Martin’s Additions incorporated a little later than the two sections, its western neighbors, in 1985 and has 933 residents according to the 2010 Census. Like the two sections, its narrow streets make it tricky to navigate but also are why it’s so cute.

Friendship Heights

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A triangle located between Willard and Wisconsin Ave., the Village of Friendship Heights is really a special tax district rather than a municipality. The 2010 Census reported that 4,700 people live in Friendship Heights. Unlike the municipalities described here, Friendship Heights is characterized by apartment and office buildings rather than single-family homes. The Shuttle Bus service to the Metro and the Giant is very popular.

Somerset

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Halfway between Friendship Heights and Bethesda between Wisconsin Ave. and Little Falls Pkwy., the Town of Somerset has 1,200 residents. Mayor Jeffrey Slavin, who been mayor since 2008 and served on the Council previously, governs from the most attractive town hall in Chevy Chase. The Town Hall is located next to the popular Town Pool, which Somerset worked hard to renovate.

Village of Drummond

How small is Drummond? It’s too small for the Census Bureau to reveal its population. Another special tax district, Drummond is just two-thirds of one street with 43 homes. Nevertheless, the tax district is older than many of the municipalities, having been established in 1916. You’ll see Drummond just north of Somerset if you’re walking down Wisconsin Ave.

North Chevy Chase

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Home to 519 people living in around 200 homes, North Chevy Chase is just south of the Beltway in the northeast quadrant of the intersection of Jones Bridge Rd. and Connecticut Ave.

Chevy Chase View

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Perhaps a tad more conservative than most of liberal Chevy Chase, Chevy Chase View is just south of Kensington and is part of the greater Kensington metro area. Although the area has a long history, Chevy Chase View incorporated only in 1993. It has 920 residents.

Kensington and Garrett Park

The most excellent Towns of Kensington and Garrett Park are also  considered by many to be part of Chevy Chase, though outside the zip code and with their own postal addresses. Unlike the other towns, Kensington has a commercial district. Mayor Pete Fosselman has served since 2006 and overseen the adoption of a new plan for the town. Del. Al Carr was on the Kensington Town Council before being entering the legislature. County Councilmember Nancy Floreen served as Garrett Park’s mayor before moving on to Rockville.

I’m just too tired to write more but go check out Antique Row in Kensington and Black’s Market in Garrett Park.

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Chevy Chase Town Council Meeting

In addition to writing this blog, I am one of the five members of the Town of Chevy Chase’s Town Council and the current Town Treasurer. The following is an unofficial summary of our meeting last Wednesday.

Executive Session

The Town Council met in closed session from 5:30-7pm to discuss (1) potential litigation as it relates to the Purple Line, (2) an Open Meetings Act complaint, and (3) a Maryland Public Information Act (MPIA) request.

Purple Line

Mayor Pat Burda made remarks on the Town’s actions regarding the Purple Line. Here is part of her statement:

I was quoted in the Washington Post as saying “the Town is not lobbying Congress.” The statement, which I attempted to clarify before it reached the printed Sunday Post, referred specifically to an inquiry about lobbying the Chairman of the House Transportation and Infrastructure Committee.  I also said that it would be foolish to try to lobby Congress to defund the project given Senator Mikulski’s position as Chairwoman of the Senate Appropriations Committee.

To fully set the record straight, the Town is speaking to Members of Congress to raise the same concerns we raised with the Maryland Transportation Administration about the proposed Purple Line project.  It is our hope that through this effort of educating decision makers about the currently proposed Purple Line, that the Federal Transit Authority (FTA) will carefully consider all of the facts before them.

The Council was not ready to take action at this meeting, but plans on holding a special meeting next week at which it may take action. This meeting will be announced in advance and open to the public. All members of the Council thanked the Mayor for the incredible amount of time she has spent and hard work she has done on this issue.

Undergrounding Utilities—PEPCO Preliminary Cost Estimate

The Town received a letter from PEPCO dated February 6 which gave their preliminary estimate to bury the power lines in the town as:

 $50 million, not including undergrounding telecommunication lines, any upgrade work required by the customer, or installation of new street lights. Costs incurred by each customer would range from $5000 to $15,000 for meter box upgrades, burying services wires and internal electrical upgrades, if needed.

PEPCO has promised to provide a more detailed cost per mile estimate to the Town within two weeks that:

will consider actual Town street mileage of 9.94 miles (versus 10 miles) as well as physical conditions in the field, including Town street width, as it impacts excavation around other utilities and traffic control, and the number and location of existing public and private trees and landscaping.

PEPCO will also provide a price quote on the cost to the Town for PEPCO:

to perform a one line schematic and conduit schematic and conduit schematic in order to further refine the ‘costs per mile’ estimate.

The letter also reaffirmed that PEPCO will not help to pay for undergrounding the Town’s power lines:

As PEPCO officials indicated at the Town’s public meeting on December 5, 2013, the Town would be responsible for all costs associated with undergrounding electrical lines in the Town.

New Power Reliability Task Force

As we continue to explore the cost and benefits of undergrounding power lines, the Town needs to consider other options designed to address the very real concerns and frustrations of Town residents with the reliability of power service in the Town.

During the course of meetings on this topic, a number of residents with real knowledge and expertise on this topic offered innovative or alternative ideas. For example, some suggested that we should explore getting PEPCO to improve the robustness of the network by making it possible to shift electricity from one feeder to another when the power goes out. Another has suggested that the Town create a town-wide micro grid using large-scale fuel cells.

As a result, I proposed that the Mayor appoint a Task Force of residents to explore alternative reliability strategies. The Task Force could work with PEPCO and also make a proposal to the Town Council for outside expertise that would enable them to conduct their work more effectively. I was pleased that the Town Council approved the proposal unanimously.

I encourage anyone interested in participating in the Task Force to email the Mayor at townoffice@townofchevychase.org along with information about the expertise that you would bring to the Task Force.

Town Election Procedures

The Town Council voted 4-1 (with Councilmember Bickerman voting against) to adopt the Staff Proposal for the conduct of runoff Town elections in the event of tie. The runoff elections would occur in a similar manner to regular elections. Residents would be notified of the runoff via postcard and other Town communication methods. Over a 20-day period, residents could go vote in the Town Office or request a ballot via email which would be delivered to their home.

The Town Council decided 4-1 (with Councilmember Strom voting against) to not notify residents in the Forecast which incumbents will file to seek reelection.

Despite the division on the votes, most members of the Council did not feel especially strongly about either issue and were happy to reach a reasonable conclusion on both matters.

Meadow Lane Preliminary Landscaping Plan

The Council reviewed the preliminary plan for the public right-of-way along the former Li property on Meadow Lane. The Council agreed 4-0 (with Councilmember Bickerman abstaining) to move forward with the proposal. Councilmember Al Lang expressed that he felt it important to proceed with taking care of this matter and enhancing the pedestrian walkway and the right of way, as a plan along these lines was part of the promise by the Town to residents when the property was subdivided. The Council also expressed to the neighboring resident who attended the meeting that we would be happy to work with her on the nature of the plantings adjoining her property. The proposal is not designed or intended to facilitate public use of the private properties adjacent to the public right-of-way. If anything, the plan should have the opposite effect.

Early Adjournment

After quickly approving the minutes and the financial report, the Council adjourned at 8:30 as snow had already begun to fall.

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