Tag Archives: Andrew Friedson

Top Seventh State Stories, September 2020

By Adam Pagnucco.

These were the top stories on Seventh State in September ranked by page views.

1. Free-For-All
2. Why Montgomery County Ballot Questions B and D Are Truly Bad Ideas You Should Vote Against
3. Harris Blasts MCEA Over School Reopening
4. Harris Apologizes for Comments on School Reopening
5. Progressive-Backed Judge Candidate Courted, Donated to Republicans
6. Changing the Reopening Timeline: A Recipe for Confusion and Anxiety
7. Ballot Question Committee Scorecard
8. Post Editorial: Vote Against All Charter Amendments
9. Judge Candidate on Floyd Cops: “Lock Em Up”
10. Why Progressives Should Support the Friedson Amendment

Free-For-All, which called into question the county’s strategy for dealing with the police department, was the runaway leader this month. That suggests that there is considerable unease about the county’s approach to MCPD which goes far beyond the groups the county hears from regularly. School board candidate Lynne Harris’s criticism of MCEA, for which she later apologized, produced a flood of site traffic. The two posts about circuit court judge candidate Marylin Pierre were circulated by her opponents on the sitting judge slate. The rest of the posts were mostly about MoCo’s charter amendments, on which voting has already begun.

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Real Deal Ethics Bills

By Adam Pagnucco.

The ethics scandal involving MoCo’s former Chief Administrative Officer (CAO) was a trying moment for the county government but it has produced a happy outcome: the introduction of two robust ethics bills by Council Member Andrew “Real Deal” Friedson. Together, the two bills – if passed – will ensure that the events leading to the now-former CAO’s resignation will never happen again.

Quoting the introduction packet, Bill 42-20 would:

1. Require the Executive to disclose a proposed employment contract with an appointee to a non-merit position and any employment contract with an employee currently serving in a non-merit position to the Council;

2. Include the sale or promotion of certain intellectual property by a public employee as other employment;

3. Prohibit a public employee who has received compensation from an individual or organization in the previous 12 months from participating in a procurement with that individual or organization;

4. Require a public employee who participates in a procurement process with an individual or organization seeking to do business with the County that compensated the public employee for services performed more than 12 months before the participation began to disclose the prior relationship to the Procurement Director;

5. Require an elected official or non-merit employee to disclose, with some exceptions, the source of each fee greater than $1,000 received for services in a financial disclosure statement; and

6. Prohibit the Chief Administrative Officer from engaging in other employment.

Bill 43-20 would prohibit severance pay to non-merit employees. The bill’s language says:

The Executive or a Councilmember must not authorize any payment of money or paid administrative leave to a non-merit employee in the Executive Branch or in the Legislative Branch upon separation from County employment unless the payment is expressly authorized by law. The Executive or a Councilmember must not enter into an employment agreement with a non-merit employee that provides for any type of severance pay for an employee who is terminated with or without cause.

The bill allows payments of unused leave and discontinued pensions. It expressly prohibits “severance pay for an employee who admits to or is found to have violated the Ethics Law in the 12 months prior to separation from County employment.”

These bills are an absolute no-brainer. The entire county council should be all over them like white on rice.

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Smart Growth or Corporate Welfare? Part One

By Adam Pagnucco.

For many years, MoCo has focused its land use and economic development policies on transit-oriented development. Since 2006, the county has adopted eight master plans centered on Metro stations, another four centered on Purple Line stations and one more centered on Corridor Cities Transitway stations. Another plan is in the works for Downtown Silver Spring.

The capstone for the Metro-based plans is development on top of the Metro stations themselves, which requires joint development agreements with WMATA. Placing the highest density on Metro stations, along with nearby parcels, enables the county to balance growth, transportation and environmental priorities in its march towards the future. For fifteen years, that’s what we have been told.

Now we are told that this approach won’t work without taxpayer subsidies.

The problem is that most, if not all, development on top of Metro stations is not proceeding. And that is because of economics. In order to be economically viable, Metro development projects must charge rents or condo prices sufficient to not only cover construction costs, financing and investor returns but also the unique costs associated with Metro station sites. The economics are particularly difficult with high rise projects, which have higher material and construction costs than wood-frame projects. And so the county council has proposed Bill 29-20, which would eliminate property taxes on Metro station development projects for 15 years and replace them with undefined payments in lieu of taxes to be set later.

In justifying the bill’s purpose, consider these remarks by Council Members Hans Riemer and Andrew Friedson, the lead sponsors of the bill, and Planning Board Chairman Casey Anderson at the council’s first work session.


Riemer
I want to say that this is a smart growth proposal. This is about making development feasible where decades of inactivity has demonstrated it is not feasible. If you look at Montgomery County and our Metro stations, you will almost universally see empty space on top of the Metro stations and despite efforts by WMATA over many years to support development at those stations, to solicit development on their property, there is very little that has happened. And there is very little that has happened recently, in the last ten years or so. Very little high rise, especially, and because of a shift in the market, I think which is driven by regional economic shifts and global economic shifts that have made the cost of high rise construction prohibitive except in the most high rent communities…

I think very broadly speaking, we have sought to channel all of our development, almost all of it, through a smart growth framework. We want to get housing that is high rise. We want to discourage sprawl. But the problem is we have not – the market isn’t producing the high rise that we have zoned for, that we want. And so the end result is we’re not getting much development. We’re not getting very much housing. We’re not even getting much commercial development.

Friedson
The idea that we’re forgoing revenue and that has a direct cost, that we’re leaving money on the table, we’re not leaving money on the table – the table doesn’t exist currently. That is the issue. There is no development, there is no investment. At best, the table is going somewhere else. It’s been shipped to another region of the country. It’s been shipped to another county. The whole point here is to create the opportunity. You know, the idea that we would be serious about transit-oriented development, that we would be serious about meeting our significant housing targets to address the housing crisis that we currently face but wouldn’t be willing to do anything about it is troubling. And we need a game changer. We need something to change the economic development path that we’re on, we need something to change the housing path that we’re on, that currently does not work. And I will say our housing situation, that is our version of a wall in Montgomery County. What we do with housing is a decision that we make on whether or not we want new residents here or not. That’s the local government version of whether we put up a literal or proverbial wall to say who can and who can’t live here, who we want and who we don’t want here.

Anderson
Will the development happen anyway? And I think the market is not just speaking, it’s screaming that the answer is no. Because you don’t have to take any particular real estate developer’s word for it, you can see what’s happening in the real world. It’s not just in Montgomery County, you can look at what market rents are at every Metro station in the region and you’ll see that there’s a few, particularly in Northern Virginia and in Bethesda, where rents can justify new high-rise construction there. Everywhere else, the answer is no, and that’s not just true of Grosvenor, or for that matter Forest Glen, as you mentioned, it’s also true of White Flint.


In considering these remarks, let’s remember who is saying them. It’s not County Executive Marc Elrich, who voted against numerous transit-oriented development master plans when he was on the council. It’s Casey Anderson, who has served on the Planning Board for nine years and chaired it for six; Hans Riemer, who has served on the council for ten years and is the current chair of its planning committee; and Andrew Friedson, who has emerged as the council’s principal champion of economic development during his first term in office. These are not development critics as Elrich has been. Anderson in particular, and Riemer to a lesser extent, are two of the architects of the county’s Metro-oriented land use policy and they are saying that it has failed.

They are also saying that the only way to rescue it is through what may ultimately become the biggest application of corporate tax breaks in the county’s history.

Are they right? We’ll discuss it in Part Two.

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Why Progressives Should Support the Friedson Amendment

By Adam Pagnucco.

MoCo voters will see two charter amendments on property taxes on their ballots this fall. One of them was submitted by long-time anti-tax activist Robin Ficker, who delivered his petition signatures in February. The other was authored by Council Member Andrew Friedson and placed on the ballot by the county council. The Washington Post editorial board dislikes both, but for progressives, the choice is clear: the Friedson amendment is superior in providing adequate funding for government.

The first reason why progressives should support the Friedson amendment over the Ficker amendment is due to the nature of how they allow revenue increases. The Ficker amendment uses the methodology of the current charter limit on property taxes, which dates back to 1990. Currently, MoCo’s charter allows the volume of real property tax collections to rise at the rate of inflation with a few relatively minor exceptions. Friedson’s charter amendment would cap the weighted average tax rate on real property and allow collections to rise with assessments. So to compare their revenue generation over time, we need to compare the growth in price inflation (which is relied upon by the Ficker amendment) to the growth in assessments (which is relied upon by the Friedson amendment).

The chart below compares the growth in the county’s assessed value of real property to the growth in the Washington-Baltimore Consumer Price Index (CPI) from 2003 through 2017.

This period contained three distinct economic phases. The 2003-2010 period saw robust economic growth throughout the Washington region, causing assessment growth (115%) to far outpace price inflation (26%). Then came the Great Recession years of 2010 to 2013, during which assessments fell (5% over three years) while prices rose modestly (7%). In the slow recovery through 2017, assessments went up by 12% while prices rose by 4%. For the entire period, assessments increased by 129% while price inflation was 41%, suggesting that Friedson’s approach would have yielded MUCH more property tax revenue growth than Ficker’s. (The exact difference would have depended on other factors such as the application of tax credits, especially the homestead tax credit.)

That said, in four of these sixteen years – the period of the Great Recession – Ficker’s approach would have raised more than Friedson’s because real estate values tend to decline during prolonged economic downturns. That leads us to the second major difference between the Friedson and Ficker amendments. Friedson’s amendment allows a unanimous council vote to break the charter limit on property taxes, which continues current practice. Ficker’s amendment eliminates the ability of the council to break the limit, thereby instituting a hard cap on property tax collections. (There is an important exception to this in state law which will be the subject of a future post.) If property tax collections collapse during a recession, Friedson would allow the council to intervene in case of an emergency while Ficker would not. That’s another big reason why progressives should support the Friedson amendment.

Some progressives were disappointed because they wanted the council to adopt County Executive Marc Elrich’s proposed charter amendment, which would have made property tax hikes easier. Good luck getting MoCo voters whose wallets are getting slammed by COVID-19 to support anything opening the door to tax hikes. The Friedson and Ficker amendments both limit property tax increases, but since the Friedson amendment raises more money over time, it deserves the support of the left.

Update: An earlier version of this post was based on changes in the national CPI. This version is based on the Washington-Baltimore CPI. The two measures change at similar rates so the conclusions here are unaffected.

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Friedson Asks for Answers on Private School Shutdown

By Adam Pagnucco.

District 1 County Council Member Andrew Friedson has sent the letter below to county health officer Travis Gayles asking a series of questions about the county’s shutdown of private schools for in-person instruction, which happened on Friday. Friedson’s district includes Bethesda, Cabin John, Chevy Chase, Garrett Park, Glen Echo, North Bethesda, Poolesville, Potomac and part of Kensington.

*****

August 3, 2020

Travis A. Gayles, M.D., Ph.D.
Health Officer, Montgomery County
401 Hungerford Drive, 5th Floor
Rockville, MD 20850

Dr. Gayles,

As I am sure you are aware, the health order you issued late Friday, July 31 prohibiting independent schools from reopening for in-person instruction has been met with a great deal of anger, frustration, and confusion among our residents. This order caught many independent school leaders and families by surprise, including many who have spent the last several months preparing to open based on CDC and state guidelines. Understandably, it has generated countless questions conveyed to me and my office over the weekend.

While I recognize that not everyone will agree with all of the difficult decisions you must make as our County’s Public Health Officer during this pandemic, our residents do deserve clear, logical, and consistent rationales for those decisions, along with timely and transparent answers to their questions. In that spirit, I am requesting that you answer the following questions for our residents in a thorough, fact-based, and timely manner, consistent with previous reopening decisions made to date:

1. What specific health metrics and epidemiological data were used to make the determination that independent schools cannot safely open until at least October 1? Are there specific, objective public health metrics that must be met before in-person instruction can take place?

2. Why are neighboring jurisdictions with similar transmission rates allowing independent schools to open? Are they basing their decisions on different data? Do they assess the risk differently?

3. Have you consulted with neighboring jurisdictions to determine why they’ve reached a different conclusion than our health department?

4. Have you consulted with the State Health Department to discuss this decision and the factors upon which it is based?

5. Are there specific, unique features of a school setting that carry significant additional risk of transmission compared to other businesses such as child care providers, restaurants, barbers, retailers and offices that are able to operate on a limited basis with health directives such as social distancing, use of facial masks and other PPE, and cleaning protocols?

6. Rather than a wholesale prohibition of in-class instruction, did you and your team consider whether independent and religiously affiliated schools should be provided a set of health and safety guidelines for reopening like other sectors in our community? Are there no health directives and safety measures that can be employed in order for schools to open as many businesses have been able to? If not, why?

7. Were independent schools directly involved in the decision-making process to determine how they had planned to follow the CDC and state guidelines and whether there were additional measures that could be employed to further mitigate transmission risk? Were schools afforded an opportunity to provide individualized reopening plans for your consideration?

8. I understand that some day-care centers will operate “kindergarten support” classes. Children who would otherwise be in public school kindergarten will go to these classes at a day-care center, and the day-care center will assist the children with the online kindergarten instruction, and also provide aftercare. If that can be done safely, is it possible for a private school to safely operate a kindergarten class, provided it has the same density of children and adults and uses the same safety standards as a day-care center operating a “kindergarten support” class?

Because these decisions are not easy and the available information regarding this disease is rapidly evolving, it is even more critical that public health directives be made as clearly, consistently, and transparently as possible. If we ask the community to follow the rules, we must ensure that they have faith in the process that determined the rules, as well as the policies themselves. Thank you in advance for your prompt response to these questions.

Sincerely,
Andrew Friedson
Councilmember, District 1

CC: Marc Elrich, County Executive
Dr. Earl Stoddard, Director, Office of Emergency Management and Homeland Security
Sidney Katz, President, County Council
Gabe Albornoz, Chair, Health and Human Services Committee, County Council

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Ficker vs Friedson vs Elrich on Property Taxes

By Adam Pagnucco.

In an open meeting tomorrow, the county council will consider placing two charter amendments limiting property taxes on the ballot along with an amendment by Robin Ficker, which has already qualified. Let’s compare the three proposals – Ficker’s, one by Council Member Andrew Friedson and his colleagues on the council’s Government Operations Committee and one by County Executive Marc Elrich – to current law.

What would be limited?

Current charter limit: An annual growth limit is applied to the total dollar volume of real property tax collections.

Ficker: Same as current charter limit.

Friedson: A limit would be applied to the weighted average tax rate on real property.

Elrich: A limit would be applied to the real property tax rate but there is a lack of clarity on which rate. It could apply to the general property tax rate, which all county residents pay. Or it could apply to the weighted average tax rate, which includes both the general tax and many other smaller property taxes that are specific to function and/or geography. This issue needs to be decided one way or the other if this proposal appears on the ballot.

How would the limit be applied?

Current charter limit: The annual growth in the total dollar volume of real property tax collections is limited to the growth rate in the Washington-Baltimore consumer price index in the previous year. A few categories of property are exempted from this limit (notably new construction during the fiscal year).

Ficker: Same as current charter limit.

Friedson: The weighted tax rate on real property would not be allowed to increase without a unanimous vote of current council members.

Elrich: The property tax rate (whichever option is picked) would not be allowed to increase without a vote of two-thirds (six) of the council members.

Is there a waiver?

Current charter limit: Yes. The limit may be exceeded if all current council members vote to do so.

Ficker: No. The limit on property taxes is absolute (subject to state law).

Friedson: Yes. The limit may be exceeded if all current council members vote to do so (as in current law).

Elrich: Yes. The limit may be exceeded if two-thirds (six) of the council members vote to do so.

Are there disproportionate impacts on different taxpayers?

Current charter limit: No.

Ficker: No.

Friedson: No.

Elrich: Yes. The taxable value of owner-occupied residential property would be allowed to increase at a maximum rate of 3% per year. Other types of property would not be subject to this limit.

Who wins and loses under each option?

That depends on who you are and what your interest in taxes is.

People who depend on county services (other than schools) lose the most under the Ficker amendment, which ties the growth in property tax receipts to the rate of inflation. Inflation is low and might even be negative this year. If the Ficker amendment passes, it will raise the possibility that property tax collections will screech to a halt with limited ways to deal with that.

Groups favoring tax increases gain the most from the Elrich amendment because it lowers the threshold of breaking the tax limit from all current council members to two-thirds (six) of the council members.

Homeowners might benefit from the Elrich amendment, which limits annual tax bill growth on their principal residences to 3%. However, council staff pointed out that the average annual growth in residential assessments exceeded 3% only twice in the nine-year period of FY11-19.

Owners of commercial property and renters of both residential and commercial property will be disadvantaged under the Elrich amendment because they won’t get the 3% growth limit that homeowners will. Over time, the tax burden will shift away from homeowners and onto commercial entities and renters – including residential renters. This is exacerbated by the fact that the Elrich amendment makes property tax increases easier as stated above.

For stakeholders in MCPS’s operating budget, the entire discussion is irrelevant. That’s because a change to state law in 2012 allowed counties to ignore charter limits for the purpose of dedicating funding to approved budgets of local school boards. Since state law trumps county charters, no charter amendment can stop the council from passing a dedicated tax for MCPS. The Elrich administration included such a dedicated tax in its recommended FY21 budget but the council opposed it.

Ficker’s amendment looks to be headed to the ballot because it received enough petition signatures to qualify. We shall see what, if anything, the council decides to put on the ballot along with it.

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Council Urges Hogan, Franchot to Extend Alcohol Carryout and Delivery

By Adam Pagnucco.

In a letter spearheaded by Council Member Andrew Friedson, the entire county council is urging Governor Larry Hogan and Comptroller Peter Franchot to extend the ability of restaurants to sell alcohol by carryout and delivery after the current state of emergency is lifted. Many restaurants are hanging on for dear life and news that the state’s unemployment rate has tripled only underscores how tough it will be to sustain consumer spending. We reprint the council’s letter below.

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MoCo’s Most Influential, Part Four

By Adam Pagnucco.

Part One of this series laid out the rules and methodology for how we determined MoCo’s most influential people. These lists were developed by adding together the nominations of 85 people who are themselves extremely knowledgeable and influential. Now to the Final Four – the most influential elected officials in MoCo!

4. Council Member Andrew Friedson (D-1) – 32 votes

Source: He knows what local government is good for and what it’s not good for, and even if he frustrates you, you can’t help but admire how competent he is.

Source: Has carved out his own brand on a Council crowded with talent.

Source: More than any other member, Andrew has changed the terms of engagement on so many issues in front of the County Council. He’s taken to it like a sponge. His ability to keep the “main thing” the “main thing” is matched only by his incredible work ethic.

Source: He’s getting tons of respect as very sharp, with integrity, and isn’t scared to speak honestly and openly about what he sees going on.

Source: Andrew sticks out as the shiny new thing on the council for his willingness to show some moderation. This leadership is sorely lacking on a council dominated by the far left. If he can actually move the council toward the middle, he will have earned his title as “the real deal.”

Source: It is difficult to find anyone on this side of town who doesn’t love him. Truly wonderful.

Source: Burst on the scene, no signs of stopping; high marks for constituent service; fresh blood but smart enough to keep on seasoned staff from Berliner.

Source: Has shown incredible political savvy. Has done tremendous work in just his first year – economic impact analysis, vote against tax legislation, COVID19 response.

Source: Dynamic, smart, driven and witty, Andrew has made his mark as the voice of the business community. He is tireless as evidenced by his “home alone” video. He is always the last one to leave the Council building at night (unless he’s at an event).

AP: You would expect business types to vote for Andrew but he had broad strength among my entire source pool, even among those who sometimes disagree with him. Andrew GETS politics in a way that few other local politicians do. He can work the inside, he can work the outside, he can compromise and he can pull others along. He will have bumps in the road like everyone does, but remember this now and for the future: Andrew Friedson is the Real Deal.

3. Delegate Marc Korman (D-16) – 34 votes

Source: What a brilliant guy, and a serious transportation guru.

Source: The smartest person in the room, a future Appropriations chair, and has an underrated ability to cultivate allies.

Source: Brilliant. He absolutely knows how to get stuff done. He’s widely respected as a go to guy for numbers.

Source: Marc has carved out a niche as the dominant expert on mass transit and has earned the respect of his colleagues. Smart, hard-working, effective, and hyper responsive to constituents. One wonders how he has time to do it all. With the spectacles to complement his innate nerdiness, he could go a very long way with a little more charisma and charm.

Source: He’s just way smarter, more substantive, organized and hard-working than just about anyone else in elected office.

Source: Brilliant tactical legislator good at using all that to get things done. Well positioned in the House to get it done.

Source: Universally respected, Metro/transit geek (that’s a compliment), returns emails with superhuman lightning speed, knows Annapolis inside and out.

AP: Marc reminds me a lot of Anne Kaiser in terms of his work ethic, substance and steady Eddie temperament. He is also incredibly responsive and never neglects his constituents. Marc is one of the very best elected officials in the state and MoCo is lucky to have him.

2. County Executive Marc Elrich – 36 votes

Source: Half the Council may be ready to run against him but he writes the budget and sets the priorities.

Source: Love him or hate him, he’s been throwing fireballs from the left for decades. He took several tries to get on the council and y’all just couldn’t shake him off, now he’s your county executive. Deal with it!

Source: Rocky first year, has lost credibility with progressives on the housing issue, and administration seems to lack priority issues or obvious agenda.

Source: [On Elrich and Chief Administrative Officer Andrew Kleine] Consider the decisions they make, don’t make, and back-pedal on—this pair is the biggest influencer on county government whether they know it or not.

Source: I don’t agree with him at all, but his policies are shaping the county – for better or worse.

Source: His lack of vision and leadership is what influences events and issues in the county.

AP: The county executive, whoever he or she is, must be on this list. But Elrich is very different from his predecessors. For 30 years, he defined his political career primarily on what he opposed. That’s a great formula for being a contrarian council member but not much of a governing strategy for being a county executive. Elrich did not have a great start and now he is dealing with a budget crisis. If he can work productively with the council to fix it, he will regain some ground. If not, the council will make him irrelevant.

1. Congressman Jamie Raskin (D-8) – 38 votes

Source: Even though he is becoming more of a centrist neoliberal, you cannot argue his influence and ascent to national politics and how he’s beloved by all factions of MoCo Democrats.

Source: Right expertise at the right time.

Source: An unabashed liberal with unsurpassed talent to excite his far-left base. Wicked smart, respected, and likeable even among non-liberals. These abilities explain his quick ascension in Congress. Probably too liberal to run statewide, but I wouldn’t rule him out.

Source: Jamie Raskin has a lot of influence because he has total credibility with local progressives.

AP: I never thought I would see a MoCo member of Congress attain more popularity than the legendary Chris Van Hollen. I don’t know if Jamie is there quite yet, but he might be tied – and that’s incredible. Jamie was always a brainy and appealing progressive, but the contrast with a deranged, misogynistic and white supremacist president has amplified his impact. And in MoCo, it has made him a bona fide hero.

We are not done. Coming next – the most influential non-elected people in MoCo!

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Is This Moving Into the 21st Century?

By Adam Pagnucco.

Montgomery County Executive Marc Elrich has announced that he is “focused on building a 21st century economy that will help the County maintain its leadership position in the State, while being more competitive in the Washington D.C. metropolitan region.”  And how will that be done?

By marketing the county’s 1930s-era soviet liquor monopoly, of course!

The county’s Alcohol Beverage Services (ABS), formerly known as the Department of Liquor Control, has a monopoly on wholesale distribution of alcohol from which only small, local craft breweries and distilleries are exempt.  Through its county liquor stores, ABS also has a monopoly on off-premises retail sales of spirits.  This structure has been in place since the end of prohibition.

The original purpose of the liquor monopoly was to “control certain obnoxious practices” and “keep the county an attractive place to live.”  Now, however, the purpose of the monopoly is to make money.  During the current fiscal year, ABS is projected to contribute $28 million to the general fund and an additional $9 million to pay off county debt service.  Despite its overall profitability, ABS is under heavy pressure to make even more money for four primary reasons.

First, the county projected a $100 million revenue shortfall back in December.  It’s unknown whether that number will change when the executive’s recommended budget is released next month, but if there is a shortfall of close to that amount, that’s a problem.

Second, the county has been raiding its retiree health care fund to balance its budget in recent years.  A statement by Wall Street credit agency Moody’s warned the county to stop doing that.  If the county takes heed, how will it replace that money?

Third, the county council clearly has no appetite for tax increases at the moment.

Fourth, Council Member Hans Riemer recently revealed that the county liquor stores as a group are actually losing money, not making it.  That prompted an explosive reaction from ABS Director Bob Dorfman amid questions about whether the stores should continue operations.

An excerpt from an email by the county executive calling for a 21st Century economy and simultaneously promoting the liquor monopoly.

ABS has now proposed a solution for increasing the stores’ profitability: it wants to rebrand them.  In a council session on February 20, the council reviewed a letter from the county attorney asking for permission to hire outside counsel specializing in trademarks to secure a new name.  The county’s chief administrative officer told the council that the specific name being considered is “Cork and Barrel,” which a simple Google search confirms is widely used around the country (including in Maryland).  The initial outlay to the trademark attorney is expected to be less than $6,000.  But if ABS does go through with a name change, there will be many additional expenses for logo design and changes to facilities and equipment.  Last summer, when water and sewer utility WSSC proposed a name change, the projected expenses totaled $850,000.  Council Member Evan Glass raised the experience of WSSC and said, “If a government monopoly or a quasi-government monopoly needs a marketing and outreach strategy then there is a problem.”

Three council members – Riemer, Glass and Andrew Friedson – voted against the appointment of counsel.  Friedson and Glass have gone on record in opposition to the liquor monopoly.  Riemer thinks it is time for the county to close its retail liquor stores.  The rest of the council voted in favor of hiring outside counsel.

The county council has almost no power to control the liquor monopoly under state law.  But the General Assembly does and its vision for the monopoly is very different from the Elrich administration’s.  In 2017, the General Assembly passed a state law enabling the monopoly to contract with private stores to allow them to sell spirits.  (Right now, only county liquor stores may sell hard alcohol – a crucial advantage for the county.)  But ABS has ignored the law’s intent and has so far refused to allow private retail sales of spirits.  Its rationale is understandable: without its retail spirits monopoly, its stores might never be profitable.  No dissenting votes were cast in Annapolis against the law that the monopoly now flouts.  Will MoCo’s state legislators hold it accountable?

As for the name change and marketing expenses, consider this.  State law requires private beer and wine stores to purchase products from the county liquor monopoly’s wholesale operation.  Their payments will now be used to rebrand and market the county liquor stores that are in direct competition with them.  In essence, they will be required to pay for the county’s attempt to raid their market share and take away their business.

How is this a legitimate function of government?

How can Montgomery County do this and claim that it is business friendly??

MoCo faces a choice.  It can move into the 21st Century and allow competition.  Or it can have a 1930s-era soviet liquor monopoly.

It can’t do both.

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MoCo Political Awards 2019

By Adam Pagnucco.

The year 2019 is in the books and it’s time for some political awards, both good and bad.  Buckle up!

Best Freshman Elected Official (County): District 1 Council Member Andrew “Real Deal” Friedson

Let’s go to the lab and create the perfect politician.  We shall start with brains and policy experience.  The person has to be a life-long district resident who roams it constantly, addressing issues large and small.  The person has to hire good staff.  The person has to have the guts to vote no when everyone else votes yes.  Fiscal expertise counts too.  Add it all up and we just created Andrew “Real Deal” Friedson, the new star of the county council.  As a freshman, Friedson is still at the beginning of his elected career.  But his ability is off the charts and the Real Deal has just begun living up to his nickname.

Best Freshman Elected Official (State): District 18 Delegate Jared Solomon

True story: when candidate Jared Solomon was running for a seat in the statehouse, he was one of the very few politicians ever who mailed me a hand-written thank-you letter after our introductory interview.  Since then, he has become an energetic and conscientious Delegate who jumped feet-first into his district’s two biggest issues: the Beltway project and school construction.  Solomon is both one of the smartest people in the room and one of the nicest.  That’s hard to pull off for anyone not named Jamie Raskin.

Reporter of the Year: Caitlynn Peetz, Bethesda Beat

You might think that news on public schools is boring.  If so, you have never read Caitlynn Peetz’s riveting stories on the rapes at Damascus High School and parental clashes over MCPS’s boundary study.  Peetz loves her vocation and it shows.  She digs deeper and works harder than just about anyone else in local media.  She also happens to be a kind, generous and funny person.  How does someone like that wind up in the press?

Will Not Fade Away Award: Brandy Brooks

Most of the county council candidates who did not win in 2018 have faded from the public eye, at least for now.  Not Brandy Brooks.  She maintained her profile with a strong, though unsuccessful, run for planning board and has retained a loyal following among many county progressives.  Last year, I predicted that Brooks would have a great chance to win if she ever runs again and I am now more confident of that than ever.

Most Meaningless New Law of the Year: Liquor Monopoly Name Change

As of July, the county’s Department of Liquor Control was renamed Alcohol Beverage Services.  Does anyone care?  Aside from whatever companies were paid to change the name on the signs and business cards, the answer is a big fat NO.

Whiplash Award #1

In November, the council voted in favor of a bill mandating 30-hour work weeks for some janitors that its own staff predicted would “likely” kill building services jobs.  Two weeks later, the council passed a resolution calling for a renewed commitment to economic development.

Whiplash Award #2

Also in November, the council unanimously passed a new law mandating consideration of racial equity in all county activities.  A week later, the council voted to give $500,000 in tax money to a subsidiary of Rupert Murdoch’s Fox Corporation.

Labor Union of the Year: MCGEO

How do you get a 6% raise?  You jump up and down and demand a 9% raise, and then when you get 6%, you grudgingly accept it and resolve to come back for the rest later.  2019 will go down as yet another year when MCGEO proved its immense value to its members.

Activists of the Year: YIMBYs

In most years, Council Member Hans Riemer’s bill to liberalize restrictions on accessory dwelling units would have encountered rough sledding and maybe outright defeat.  Not in 2019, as MoCo’s YIMBYs – the acronym stands for “yes in my backyard” – sprang into action and helped get the bill passed.  YIMBYs, unlike NIMBYs, believe MoCo needs more housing and they have emerged as one of the county’s more effective, albeit loosely organized, issue groups.  Additionally, the YIMBY MoCo Facebook page has become one of the most interesting venues for policy and political discussions in the county.  If the YIMBYs get more numerous and better organized, they could have a real impact on the next county election.

Do Not Mess with Me Award: Bob Dorfman

When Council Member Hans Riemer released information showing that county liquor stores were losing money, Alcohol Beverage Services Director Bob Dorfman blew him to smithereens.  Read this quote from WUSA Channel 9 but hide the children first!

“We have an ill-informed councilmember who has got a politically motivated campaign that’s taking something purely out of context because he as a councilmember should have been smart enough to know that a plan had already been put in place almost a year ago that addresses each of the components of the loss,” Alcohol Beverage Services Director Robert Dorfman said.

Dorfman said the county has already cut the stores’ losses by $2-million a year, and hopes they’ll turn a $5-million dollar profit within a few years.

He said Riemer was needlessly panicking employees who work at the stores. “Mr. Riemer, by putting out all this stuff to the press, is causing those employees, hard-working, good, county employees, that he supposedly represents, obviously he’s not doing it very well, obviously he doesn’t care much, those employees are getting calls from customers and family members asking them whether they’re going to have jobs,” Dorfman said.

This is not the first time Dorfman has slammed a liquor monopoly critic.  He once went after Seventh State founder David Lublin too.  All of this has me feeling jealous.  I’m one of the fiercest opponents of the liquor monopoly around and I have written countless columns denouncing it.  What do I have to do to get you to spank me, Bob?

Retirement of the Year: Glenn Orlin

Former county council deputy staff director Glenn Orlin is one of the great heroes of county government who is unknown by much of the general public.  In a decades-long career in both the state and county governments, Glenn has become one of the foremost experts on capital budgets and transportation in all of Maryland.  The council relied on his incredible institutional knowledge, his expertise and his good judgment as much as any other single staff member.  What makes Glenn truly great is not just his competence and experience, but his patience, generosity and ability to teach others.  His legacy includes a huge portfolio of transportation projects, including his beloved Purple Line, as well as generations of folks who have learned from him – including me.  Glenn is still doing contract work for the council, but whoever eventually succeeds him will have very big shoes to fill.

That’s all until next year!

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