TPSS Co-op – Community Vision for Takoma

City Council Candidate Questionnaire Responses

In preparation for the City of Takoma Park’s election on November 8th 2022, Community Vision for Takoma (CVT) sent questions to each of the 15 candidates for City Council. All but two candidates returned the questionnaires, below. (A few responses were edited to fit the limit on length.)

Topics included the climate emergency, the City budget, racial equity, the future of Takoma Junction, and affordable housing. We appreciate the time the candidates put into replying to these questionnaires.

The questionnaire responses below should help residents to make decisions on voting in the Council races. Not all candidates have websites (yet), but we encourage you to visit those websites linked to the names in the questionnaire responses, and to seek out the candidates at local events including the Takoma Park Street Festival on October 8th. You can also listen to speeches made about the candidates at the Nominating Caucus.

Also, tune in to the upcoming City Candidate Forums moderated by Eric Bond of Talk of Takoma (WOWD), streaming on Takoma Park City TV:

Oct 6, Candidates for Mayor 6pm
Oct 10, Ward 1 (6pm) and Ward 5 (7:30pm)
Oct 17, Ward 3 (6pm) and Ward 6 (7:30pm)

City ballots (separate from State/County ballots) should arrive by mail in October. Residents age 16 and up can register to vote in the City election, and do not need to be US citizens. City residents can vote:

by mail,
by drop-box,
or in person on November 8th.

WHO WE ARE: CVT is an informal network of neighbors who first came together around the use of public land at Takoma Junction, and continue to work on community issues. We do not have a formal organization. We work by consensus. At our center is a varying group of about 20 residents who meet regularly to discuss what’s happening in Takoma Park and to plan communications and advocacy. Our work includes attending City Council meetings, alerting residents to issues before the City, and encouraging participation in the City’s democratic processes.

CVT does not collect or donate funds to support candidates, and is not a Political Action Committee.

City Council Candidate Questionnaire Responses

Ward 1

Shana Fulcher (Ward 1)

Q1 What is your position on how the City should proceed to end the impasse at Takoma Junction? Do you agree that the City must promptly end the current agreement to let NDC rent the lot? Why or why not?

Pedestrian safety, bicyclist safety, and traffic safety should be improved at the Junction before moving forward with the development. The intersection causes unease to everyone who passes through it. The parking lots on either side of the Co-op are awkward. The parking lot under consideration for development can be impossible to exit in order to get back into traffic.

I’m concerned about the legal and financial obligations the City might have with ending the current agreement with NDC as well as the City’s reputation. I would not want the City to lose money to NDC as a result of terminating the agreement. I worry about how other developers would feel about entering into an agreement with the City after ending its contract with NDC. NDC should present a plan that fits the City’s parameters including more greenspace and significantly reduced development.

Q2 What is your vision for the equitable and inclusive use of the public land at Takoma Junction now, given what we have learned about the constraints of that space in terms of traffic, open space needs, safety, and support of existing and planned local businesses?

I would like to see a plan with more public use space that has protection from the elements with either a green roof or solar paneling. The Junction is at a major throughway for Takoma Park, so I want it to include architecture that is unique. I support finding a way to change the angle of the intersection at the Junction to increase visibility for pedestrians, bicyclists, and drivers. Our city should reflect that pedestrians not only have the right-of-way but also the priority. The second that someone parks their car at the lot to the right of the Co-op, they become a pedestrian. If we want them to frequent the businesses across East-West Highway, we have to ensure that they feel comfortable crossing at that intersection.

Q3 Do you agree that the City should survey residents to determine our needs for government services, and which services should be provided by the City, versus which services could be best provided by the County? Why or why not?

Yes. The services that the Takoma Park community values have likely changed since the inception of those services. We should reevaluate which services we want to spend our city taxes on. With Takoma Park incorporating in 1997, we don’t necessarily need to provide the same services we have historically provided. At the same time, the City has historically experienced difficulty negotiating with the County for reimbursement of duplicated taxes for services. At some point we have to accept that it makes more sense to get more services from the County.

Q4 Do you think that the City has responded adequately to the climate emergency, or do you think we should take stronger action on issues including stormwater, city vehicles, preservation and expansion of the tree canopy and green space, and green construction of city buildings? What changes would you propose and what targets would you set?

I do think that the City is doing a good job with some actions. I appreciate our efforts to protect the tree canopy and to create programs to plant more trees, even on private property. It is hard to address climate change locally when so many regulations are weakened nationally. I’ve seen many rain gardens going in on city property in the last few years and we should continue to address runoff. In order to support green construction of city buildings, we may need to slow down and put city goals further into the future. Developing in our city is a privilege and we should expect developers to treat it as such. We can expect developers to meet our higher expectations for environmental practices in order to build here.

Q5 What is your view of the current budget process? Do you agree that the budget process needs to become more transparent? Do you feel that the City Council should do more to curb the continuous growth of staff and spending, given that the City population is not growing? Why or why not?

The City begins the budget process in November and does not solicit public input until April. I don’t think the current process places enough value on public input. The City Clerk and Employees should be more transparent earlier in the process. Stopping the growth in staff numbers will be hinged on reevaluating services that we want to provide. My experience with the City staff is that they are working hard all the time so we would have to adjust our expectations of what our City staff’s output would be in order to reduce numbers. My family’s property taxes nearly doubled between 2018 to 2019. We had to seriously consider moving out of Takoma Park.

Q6 Do you agree that the current “racial equity considerations” process on Council agenda items is ineffectual? What would you propose to create a more participatory and inclusive process to involve residents in City governance? What new steps should the City take to address structural racism?

I’m not sure that I would agree that the process has been ineffectual because there are currently no metrics to measure success or failure. I would like to see metrics associated with our “racial equity considerations” process so that we are better able to recognize accomplishments and areas for growth. The City’s committees and task forces are meant to make recommendations to the City Council, but I would also like for them to be involved in advising the City Manager. In order to have a more inclusive process, I would like to see some committees and task forces assigned through invitation that is randomized and for us to publicize the honorarium that members receive.

Q7 Takoma Park has the greatest density of truly affordable housing in the county, and the only rent stabilization program. Would you work to do everything you can to protect this rent stabilization, prevent the displacement of low-income communities, and ensure that housing for home renters is safe and up to code? Would you advocate for creating more truly affordable housing at the Washington Adventist Hospital site, and the Washington-McLaughlin School site? Why or why not?

We should ensure that developers invest in greener measures now so that vulnerable families have protection against rising utility prices. These developments do need a variety of types of housing. We must be careful not to segregate our low income families from the rest of the community any more than they already are. We should not solely depend on new construction to make affordable housing for people. The percentage of affordable housing should be heavily weighted when reviewing developer’s proposals.

Mark Sherman (Ward 1)

The city should never have leased the lot to NDC in the first place — the entire idea was wrong. The lease should be canceled immediately, and the council should quit being intimidated. In addition, the city attorney should stop trying to gag city council members on this issue — council members are not staff — they answer to us, not the city manager

The highest and best use of that land is for a parking lot that doubles as a delivery space for the adjacent grocery store. However, that doesn’t mean it has to look bad — it should be treated as green space with parking, and the corner at the back, near the fire station, should not be given away to a private business.

No, I don’t — somehow, these surveys never amount to much, they’re just giveaways to the survey company, and every bad thing that has happened seems to have been preceded by a survey, so I place little faith in them.

The tree ordinance was weakened by the current council — I would seek to strengthen it, creating a right to shade, especially for renters. We should also be trying to get people out of their cars — I propose giving free bus passes to all residents and taking additional action on transit.

Staff should revert to the number of FTEs 20 or 30 years ago — we have become an overstaffed, over-consultanted, overengineered city — witness the library project. I am not well enough versed in the budget process to comment on that in particular. What’s really missing is a local press, to highlight what’s going on in the budget.

Those questions don’t belong together — racial equity is not the same as making city governance more inclusive. My biggest recommendation is to make the city manager an elected position — i.e., the actual mayor. The person we call mayor now is actually the council chairperson.

The rent stabilization allowance should be based on a wage index, not a price index. Just-cause legislation should be enacted by the state legislature to prevent landlords from arbitrarily terminating tenant leases. I am also concerned about the loss of rent-stabilized units under various conversion scenarios. And the buildings themselves should be protected under historic preservation rules whenever feasible.

Elizabeth Wallace (Ward 1)

I encourage the City to find a way to end the current rent agreement of the lot to NDC. I agree that public land should be for the public good and the community should decide how the property would best serve the needs of the city at large. Having familiarized myself with the history of the Takoma Junction project, it seems several breaches of trust have ruined the foundation of what we hoped would be a positive relationship, and anyone in construction knows, you can’t build on that especially if it’s to last 99 years.

Any new plan for the Junction should complement the other upcoming projects and amenities in Takoma. First focus on traffic flow, pedestrian safety, parking for existing businesses and food security. Perhaps move the Junction bldg to the Coop parking lot; design a circle to facilitate traffic; create a different parking pattern on Carroll; add city owned, refrigerated and dry storage for food security and a covered packing/picnic area; permeable parking; tiny house cafes/shops until we see what generates engagement before brick and mortar.

Yes, a survey would be helpful, but one that is not based on opinion alone. It’s important that those answering the questionnaire know which services the city and the county already handle, if they’ve had experience with them and their satisfaction level, the reason why they’d like the city or county to handle it, and whether or not they see using those services themselves in the next 5, 10, 15, 20 years.

Right about the time the climate resolution was passed, climactic change was already a driver for the emergence of COVID. It was the city’s first test. In all climate issued, we need transparency projects management metrics. However, everyone was affected by COVID, suppliers and their workforces were undergoing massive change. It’s time not to point fingers, can’t redo, but pledge forward march! Since many construction projects are envisioned, green building and green space are first priority.

The budget process seems to be a dreaded event by all. That must change in order that it be one that stimulates good and creative thought, not drudgery. Both the city 1 council and the residents need to see numbers on a quarterly, if not monthly basis so that patterns, trends, anomalies and other data are seen sooner rather than later. Also, it’s important to track whether or not project goals were accomplished on time and the man hours spent, including the TPPD. It’s impossible for me to say if we need to curb staff growth without those metrics.

I’d like transparency on the rubric/s used, but need to add the climate change lens as well, as CC already majorly effects all marginalized people. 2/ There are a few equity projects on the city website (bus shelters, park quality) but they are all ongoing. The reports don’t reflect how close they are to achieving their goals, if time was lost due to COVID or change of personnel etc. Again project management timelines! 3/ Perhaps use Targeted Universalism approach. 4 / Start with honoring them for their successes, naturalizations, etc. at council meetings. 5/ no room left.

Rent stabilization stays in place! I’d encourage the county to create other areas as well. TP can be a long commute to some jobs. 2/ As an Airbnb host, I have insisted on having my home inspected so safe housing is a core value. 3/ I would advocate for affordable housing but suggest also mini city hall office, police substation?, community center, and shops. 1st renters could be TP residents from homes that were sub par. Landlords who get property tax allowances must be inspected regularly or may have to forfeit the subsidy.

Ward 2

Cindy Dyballa (Ward 2)

Q1 What is your position on how the City should proceed to end the impasse at Takoma Junction? Do you agree that the City must promptly end the current agreement to let NDC rent the lot? Why or why not?

The city’s 2016 development agreement with NDC and the previous council includes the lease. The city has been in discussions about this agreement, and it’s not appropriate for a current council member to publicly address topics such as status of confidential contract negotiations. I think a mutual resolution is important; a unilateral decision could bring costly and time-consuming legal action. As a 30-plus year Coop member I believe I’ve been taking into account their needs.

The city’s original project goals still seem relevant: be a stimulus to the commercial district and its local independent businesses; improve its aesthetic appeal; and be environmentally sustainable and sensitive to context. The bigger question is how we arrive at an updated shared vision for the site’s use. I would look for options that generate city revenue (not impose large city costs) if possible, as well as support healthy local businesses and respect safety and site constraints.

This, along with past city resident surveys, is a useful tool to help us balance city services, budget and revenues. I’m open to shifting some services. There’s challenges: targeting outreach to draw in new or infrequent participants; addressing city unions since services are delivered by staff; and working with the county on service transition, code changes needed, and likely costs. Example: we now pay a lower county waste fee than others, since the city provides most residential pickup.

As sponsor of the city climate emergency and action framework, and a strong promoter of city and county climate, tree canopy, and stormwater action, of course I want the City to do more—in a way that supports our equity and other goals. Let’s build on current efforts such as our GHG targets, building energy efficiency programs, tree canopy goal and expanded planting effort, city EV policy, and green features in the library renovation, as well as expand public-private stormwater management

Our budget process has more public detail each year, because we asked for it. I still want more focus and clarity on the key information, decisions and necessary choices. City services need staff to deliver and manage them; wage increases for staff facing the same economy we do, and increases for their tools and equipment, means more spending. I’ve voted to keep a level residential tax rate, and I’m very cautious about adding staff; and we must also expand other city revenue sources.

More tools and training can help city staff and council better use this tool. I’ve worked hard to recruit and appoint a more diverse group of residents to city committees, with stipends to cover their costs. To be more inclusive and address structural issues, let’s take practical steps like our recent ones, such as more targeted and varied outreach, neighborhood workshops with translators, assistance programs for our most vulnerable, and community navigators to connect residents with services.

Half our residents are renters, so I’ve been focused on these issues, and strongly support rent stabilization; our housing strategic plan and housing fund; and affordable housing with needed zoning changes as part of the WAH and McLaughlin sites. I’ve stressed that we need stronger county rental housing inspections. I want solutions that serve more than one goal, such as bundling multifamily rehabilitation and energy efficiency improvements.

Ward 3

Mimi Diez (Ward 3)

As there are no current discussions with this, and all the information I currently have is from the https://takomaparkmd.gov/initiatives/takoma-junction-redevelopment/ website, I don’t have enough information to answer. If and when any discussions do come up about the Takoma Junction and NDC, I plan to address these topics objectively and with the best interests of Ward 3 and the city in mind.

My vision for a thriving junction is not an above ground parking lot that polarizes a city.I envision a place that is safe for people of all ages to gather, shop, & celebrate. A place where our home-grown entrepreneurs have ample space & where infrastructure can support their deliveries. There is more to Takoma Park than the Junction & we need to support safe transportation infrastructure, recruit/retain businesses & create safe & beautiful places in all Wards, not just the Junction.

A survey conducted by the city is a great idea, however communication is already a challenge point in our community. Not everyone follows city announcements, has social media, or adequate access to wifi; flyers are lost or ignored. Surveys can assist this city in many ways, however we need to ensure that all voices are heard and not just the loudest.

The city’s sustainability strategic action plan has recommendations to create a more resilient, equitable and sustainable community.I support the city’s plan to mitigate & adapt to climate related extreme weather events; in setting a realistic canopy goal; in replacing city fleet with electric at the end of its life-cycle; & I support LEED Certified buildings.All this comes with a cost, & I would dedicate my time in finding innovative ways to meet our sustainability goals.

I don’t have enough information about this question to answer. However there are opportunities for improvement with how information flows in our community and if elected, I will work on improving city service delivery and finding innovative and sustainable program funding and budget management.

I don’t have enough information about this question, but one area where the Ward 3 can address structural racism is electing a Spanish speaking Latina candidate. Just as sustainability is “baked” into how the city does business, so to should we embed equity into city projects, initiatives and governance.

Yes

Randy Gibson (Ward 3)

I am not privy to the legal case between NDC and the City, so I don’t know what the City’s options are. However, it is my belief that NDC has acted in bad faith on the principles agreed to with the City. They have also demonstrated reprehensible corporate bullying with regard to the Co-op. These actions should render NDC unacceptable and ineligible for continuance of a lease contract with the City.

I start with 4 non-negotiables. 1) Business viability of the Co-op, and other local businesses, should not be compromised. 2) Environmental services, e.g. stormwater mitigation, provided by the woods must not be compromised. 3) Adequate public gathering space must be provided, and 4) Safe traffic conditions must be maintained. Beyond these, there are several good options for some sort of enhancement or development. And the City must do a much better job to study and compare different visions in a transparent way before contracts are signed.

Yes, we should ask our residents about their priorities as regards programs and services. Our City taxes are high and some wonder if we are getting our money’s worth. Tough choices may need to be made to prioritize city services and determine if the County could do better. One example is the County’s Rainscapes program which is much more generous in terms of incentivizing conservation efforts on private property. Policing, a very large part of our budget, is an area that deserves careful review.

Climate proclamations have not been matched with visible actions. There is an urgent need for a strategic analysis of stormwater risks and resiliency planning. Educating residents about how to help mitigate climate impacts is nearly absent. Demonstration gardens to model green infrastructure best practices are needed. An assessment of parks and green spaces is needed to account for the ecosystem services. Partnering with community groups could help educate the public. Home & habitat certification could incentivize energy and environmental best practices.

The current budget process is not clear nor transparent. I understand that even the Council has difficulty interpreting it. Our growing budget is also not sustainable given the fact that population growth is not taking place. So, we must face some hard questions about what should be prioritized. Project based budgeting should be considered as a way to make the budget clearer and more transparent to residents and better account for expenditures.

The degree that racial equity considerations are meaningful is not clear to me and many other residents. To be effective the process must be forceful and sustained and may involve a change of culture for City staff. Community, business and tenant organizations may offer viable partnerships for more effective outreach. Making those partnerships a business norm is one of my goals.

Yes, I would fully support our rent stabilization programs and the need to ensure that housing is completely safe and up to code. I believe our economic and ethnic/racial diversity is a strength that is worth protecting. I seek to learn more about our housing programs and any threats facing them. I would support in concept the suggestion of converting the two sites mentioned for affordable housing but need to learn more the viability of such a proposal.

Alex Hadden (Ward 3)

After years of consultation and planning, the failure to advance community benefit with the Takoma Junction Redevelopment has left Ward 3 voters dispirited. Ending the agreement with NDC would necessitate a financial, contractual, legal and commercial analysis that ensures the City preserves its reputation as a credible stakeholder able to attract future partners to stimulate our small business community, improve our City’s charm and livability, and advance our environmental and social values.

After so many years of work and community feedback, there is a wealth of understanding of the exciting potential opportunities for the site. However, it’s likely to require reimagination or resolution of the City’s commitment with NDC to advance a new era at the site. In the near-term, the City should refocus and prepare for the reality of near-sourced growth in its planning and capital investment: nearly 1,000 condo units are being built within walking distance of every Ward 3 resident.

Broad consultation should be a primary focus when the City Council considers planning and use issues of material municipal resources. A survey is one tool in soliciting feedback and engaging the community. However, a truly consultative process requires multiple strategies to equitably and holistically solicit community input. As Councilmember, I will provide multiple channels through which Ward 3 residents can communicate their concerns, starting during my campaign at http://www.alexforward3.com.

Takoma Park has been a national leader on sustainability issues for generations. However, with limited resources and budget–and a desire to minimize residents’ tax burdens–the City should leverage existing and actionable household-friendly practices, incentives and investments that support residents’ ability to make clean energy transitions, become pedestrian-first, and combat direct environmental risks. We will not be a sustainable City until there is a sidewalk on both sides of every street.

Most Ward 3 residents express concern of ‘value for money’ for their rising tax burden. Ward 3 faces unique challenges compared to other wards, due to historic underinvestment in communities along Eastern Ave and New Hampshire Ave. Important quality of life issues feel overlooked. Near-term improvements to the City’s information collection and response should be paired with long-term focus on service excellence, factoring in data- and risk-weighted resource allocation to affected areas.

I think Mayor Stewart and the City Council have made a concerted effort to improve racial equity considerations in City governance. I will wholly support the advancement of the racial equity framework on the City Council. In my community outreach, I hear underrepresented groups expressing fundamental concerns about livability: rising cost of living, underinvestment in Ward 3, City responsives, etc. Long-term, we need to increase voter participation among disaffected groups to amplify voices.

Living in Takoma Park is aspirational for many and meeting a portion of that need will have to come from new housing stock. Rent stabilization measures should remain, so long as they do not create an environment that is unconducive to attracting more housing opportunities. Every City resident deserves a safe and code compliant home. Future uses of WHU and W-MS will require a rigorous evaluative and consultative process, drawing on lessons of the Takoma Junction Redevelopment process.

Ward 4

Terry Seamens (Ward 4)

The Council and NDC are still in ongoing discussions about the project, its status and next steps. Although I would like to go into more detail, I cannot as a sitting Councilmember act unilaterally. The Council will have to decide when it is best to provide more information to the community. I believe that we (the Council) are currently acting in a manner that is in the best interests of Takoma Park taxpayers.

I want the Co-op to be a healthy, viable and thriving business. The Co-op is an important part of TP’s character. I also believe that more storefronts in TJ would be good for the community. We learned much during the current process that should benefit the new council as they continue on this issue. I hope to continue to hear from community members about their desires, thoughts and opinions regarding this project so that we end up with the property fulfilling its best potential for a better TP.

Surveys are a valuable tool in gathering opinions, but surveys can be a poor way to make community decisions. They may be unintentionally written or distributed in a biased manner or not provide sufficient background information to get informed answers. We operate in a representative democracy rather than a direct democracy. Community opinions are vital for knowing the direction residents want to take TP. Surveys, community meetings, & direct conversations are some of the tools I find helpful.

Yes, I think we have been aggressive in addressing the climate emergency. It would certainly be nice to do more, but we are constrained by costs and staff time.

Since joining the council over 20 years ago I have advocated for more transparency in the budget process and with few exceptions I’ve been pleased with the continued progress we made. I’ve been surprised there is little community push-back on budget increases. The council hears more advocacy for adding projects than cutting taxes. We get many complaints when we talk about cutting projects. Staff costs are a significant part of the budget and directly relate to what we can accomplish.

I think the current racial equity considerations we added to the agenda items are good in the sense it was a first step. Obviously, much more needs to be done. A more participatory process would be good, but would not in and of itself ensure that it is not racially or economically biased.

Rent stabilization is why TP has much of the affordable housing in MoCo, therefore it should continue until there’s a better alternative. Unfortunately, maintenance is often inadequate to keep housing in good repair. Efforts to improve inspections have not kept many properties from degrading. Residents’ economic diversity is part of our community character that must be safeguarded. Remaining open-minded I can say the WAU and W-M sites present opportunities that could include affordable housing.

Ward 5

A.J. Campbell (Ward 5)

For many years, the city has paid an obsessive level of attention to the Junction while ignoring other viable development projects. It is unclear if NDC will relinquish its lease without some considerations or even a lawsuit. I don’t think we would get another developer to take on the site. We are in a holding pattern for now.

I would like to offer the Coop a chance to expand into the grassy area to the right and move its storefront to the property line in front. I would like to see a new seating space with a cafe or kitchen for cooking classes or demonstrations. For the parking lot surface, I would prefer to leave it open and add solar panels overhead. I would like to include a stage or bandstand in the back center for community use.

The city surveys residents for each new plan and project, but do they listen? I am not sure the consultants we hire do a great job when they conduct surveys. Regardless, we don’t seem to listen to feedback when we get feedback. I think the city should invest in a real-time collection system and not keep paying the consultants.

The city has a mixed record; there have been many infrastructure improvements like EV charging stations at select locations. The new tree giveaway is wonderful. The City wanted to buy an EV trash truck, but it was considered too expensive. Most of our vehicle fleet is still gas-powered. I don’t see any long-term movement towards an all-electric fleet.

I recently held a budget zoom call with the community, and not one resident could tell me how much of our budget comes from property taxes vs. intergovernmental transfers. I could not tell you for sure because the city doesn’t seem to provide information on the net costs of each city service. The city does publish a budget breakdown but does not seem to go out of its way to educate the residents. We should change that.

I could not summarize the city’s racial equity agenda except for a vague notion of talking and examining. I get the lofty goals, but I rarely see anything that translates to direct tactical goals. We need to expand access to city and county services through a massive expansion of library services into every ward. While on the council, I will push to transform our library into a center of information and connection.

Yes, I would protect rent stabilization. My first push would be offering tenants a one, two, or three-year lease. Creating stability in housing over three years allows for long-term planning with a stable rent. My second is to limit our annual rent increases. Our current system of rental increases is tied to the CPI. We have seen with high inflation how much that can impact rent costs under stabilization. I would like to see the city limit the increases to a maximum yearly amount.

Cara Honzak (Ward 5) Submitted late, on October 15 2022

Q1 What is your position on how the City should proceed to end the impasse at Takoma Junction? Do you agree that the City must promptly end the current agreement to let NDC rent the lot? Why or why not?

As I consider the idea of severing the NDC agreement, it is a high priority for me that we give strong consideration to our City’s financial situation and potential liability, and the degree to which severing the agreement may discourage any new developers to engage with the City on the Junction. Yet, there is also a clear loss of trust in NDC and the process used by our City government and City Council on Takoma Junction development efforts. My focus will be to identify a middle pathway.

Q4 What is your vision for the equitable and inclusive use of the public land at Takoma Junction now, given what we have learned about the constraints of that space in terms of traffic, open space needs, safety, and support of existing and planned local businesses?

Although the public land belongs to the City, I think it is reasonable to view the Coop, the adjoining business, and the public land as being interdependent, and the Coop as a legacy business that is vital to sustain. Yet the public land belongs to all of Takoma’s residents, and sits at a major City junction. We must give voice to how the space can be optimized for maximum public good for the whole City, while doing our best to meet local needs in the immediate vicinity and sustain the Coop.

Yes, I think this is important. If the City cuts some services altogether or in any significant form, then the City must have a mandate from its residents and an understanding of shared values across the City. However any survey would need to be done carefully so as to maximize participation, and ensure that our collective preferences are indeed accurately measured.

I think the City has not yet responded adequately to the climate emergency. While I am pleased that we already have an ambitious 2035 target for mitigation, I believe resilience efforts should be a higher priority. I would begin with win-win goals for resilience, equity and mitigation, that are best buys, such as native tree plantings near pedestrian areas, green recreational space near high density housing, and emergency cooling and heating plans for residents.

I would like to see the budget process become more transparent. At the same time, I am keenly aware that this will require substantial resources from the City, including significant additional staff time. I feel certain that if the City Council is collaborative with staff in exploring how this can be achieved, there are modifications that can be made to help residents feel more informed yet remain cognizant of this essential consideration.

I think that having a “racial equity consideration” process on Council agenda items is not entirely without merit. It has been my experience in institutions and government agencies that are seeking to address structural racism that taking the first steps towards compulsory reflection is absolutely essential, as is collating basic data. But to achieve greater participation and inclusion, and address structural racism will require us to engage in in depth, extensive dialogue on how to proceed.

I believe strongly in rent stabilization in Takoma Park. It is vital for nourishing the greater equity that the City and surrounding areas need. As the Purple Line is finalized, it is essential to reap equity benefits. But Takoma Park needs to do better at ensuring that the County helps us keep buildings up to code and livable. I would also advocate for more mixed housing that motivates developers to modernize and provides middle income spaces that bring everyone up, including on the WAH site.

Yared Tebabu (Ward 5)

Did not submit responses.

Ward 6

Ambroise Agosse (Ward 6)

Yes, I agree that the city promptly ends the agreement to let Neighborhood Development Company (NDC ) rent the lot because: first, the city density sounds already too high to handle that NDC project. Second, the NDC project Transferable Development Rights (TDR) sounds not clear and also the environment impacts study. To rapidly end this, the city must take strong action to communicate and explain to residents the negative actions of that project on residents especially on traffic. We should have residents file petitions, multiply the protests, and if needed get expects to present to Montgomery county how this project could negatively affect residents of Takoma Park.

At this moment, I do not have a clear vision. I will prefer to support the existing for future local business or open space.

Definitely yes. The city should conduct semi-annual survey to determine residents’ needs for government services because everyone or most residents do not have access to the right information. Nowadays, information is the key of life. The city should conduct regular surveys to find out at least each household residents’ needs as they pay extra taxes. Montgomery county versus other counties, I think Montgomery county does its part and only our city Takoma Park needs to do something additional as they collect extra housing taxes.

For the city that collect extra taxes on housing, I do not think they have responded adequately to the climate emergency. Stronger action is needed. For instance, the city can offer free or reduced price permeable driveways to residents as well as to build or renew existing sidewalks with the water retention best management practices. There are so many best management practices that we can develop–protect existing trees, then plant new trees everywhere.

The current budget process needs to be more transparent. Compared to other cities’ budgets, our city budget is not transparent. To me, the city council should do more or have the office staff do more to offer extra services to residents as they collect extra housing taxes. They are so many small things that we can do to significantly impact our residents making people happy to come live in our city. We cannot continuously collect extra taxes from residents while we are not offering significant services that impact their life. The police services, library, and … are not enough to justify the extra housing taxes that we pay.

At this point and to me, information is the key. We need to have stronger action on communication. Website and newspaper letter are not enough to have people informed. We need to reinforce communication on target group. Information is the key.

Yes, I will do as our population is not growing. We need to work to make sure everyone has place to live in our city even low-income since everyone is needed for sustainable development. Only rich people can not develop the city. Everyone is needed so, rent stabilization program protection is important. We need to offer more service to residents than try to displace low-income.

Raju Charles (Ward 6)

Did not submit responses

Mike Moore (Ward 6)

I’m not opposed to modest commercial development at the Junction, possibly incorporating a residential component. However, the divisive debate surrounding the NDC project has so poisoned the well that I suspect nothing less than going back to square one has any chance of achieving a measure of consensus. As one of the mayoral candidates has persuasively argued, the city should strongly consider putting the entire situation on the back burner while we focus on a new rec center on NH Ave.

I don’t personally have a vision as to the ultimate fate of the Junction, but I have an open mind with regard to creative solutions that achieve significant consensus.

Absolutely. I’ve long felt that such a survey would be invaluable. Unless we find some way to substantially raise city revenues via creative development, sooner or later were going to be compelled to engage in a wholesale reevaluation of what we can continue to provide residents as opposed to turning to the county.

Climate change is the overarching existential threat to the future of humanity, so we–and every other governmental and business entity–should be doing everything possible reduce our carbon footprint. I’m no expert, so I won’t presume to make macro suggestions without becoming much more familiar with the city’s current measures. I will say, however, that on a small scale I plan to push for vastly improved bicycle infrastructure, with a particular focus on the NH Ave. corridor.

Yes, I definitely believe the municipal budget process needs to be far more transparent to residents. And as some residents have suggested, any new program that calls for increases in staffing and/or funding should trigger a hard look at cost-cutting—and potentially cuts in existing services—in other areas. We cannot continue to be what we consider ourselves—a paragon of economic and ethnic diversity—if we cannot sufficiently discipline ourselves to remain affordable for residents.

I don’t feel qualified at this time to comment on the specific equity considerations that are presumably baked into council initiatives. However, we certainly need to do everything feasible to ensure equity and inclusion of marginalized groups. Furthermore, as the parent of an autistic adult who has experienced the many challenges that face the neuroatypical population among us, I know we need to ensure that this extends to everyone who too often faces barriers to self-advocacy.

I fully support rent stabilization and strongly support the city’s efforts to avert displacement of low-income residents and to ensure safe and healthful living for renters. I admit I’m not yet up to speed on the particular push for affordable housing on the hospital and school sites, but I’m open to the prospect of pushing for such projects.

Jason Small (Ward 6)

If there are no contracts in breach it will require a court action to stay a legitmate process.

If there is an open RFP (Request for Proposals) process that includes the public and private interests then my Professional opinion is that this can be done. I have successfully worked on these issues.

I think community surveys are a active part of good government. The home rule statute and its adjudication make so many of them crystal clear. I think duplication of services does not occur in practice, and that makes for bad government. This should be a regular normalized process. It is not the same thing to live in a municipality as it is the county. Home rule should mean cooperation.

I think that resilience and sustainability go hand in hand, and that best practivces should be encouraged. The increasing rate of weather instability increases the need for real consistent priorization of these issues.

I think we should do everthing to adehere to the constant yield rate during a recession. If you want a a level of engagement on issue based policy then you havew to have staff. I do think the lack of real communication with town staff makes unreasonable tension on both sides. I have seen the opposite of this in Price George’s county. I would rather have an engaged staff rather than a large one.

I think that most of the activities of this town are alienating on the basis of race and economics. I apppreciate the articulated need for it. I think there is not enough room to answer why. I think there are voices that do not particpate, and there is an obliviousness to the lives of pluralistic communities.

Yes. Its classist and racist to do otherwise. I believe in the unarticulated values that non partisan public policy shows to the world. I do not think these values should be a distant memory. Best practices are discoverable about anything.

Junction Misinformation and Politics

Yesterday, County Councilmember Hans Riemer, who is running against County Executive Marc Elrich, arrived very late to the Takoma Junction process, weighing in with a public letter filled with errors, misinformation, and inappropriate lobbying. This use of Council privilege to interfere with the County’s public review process, and apparently to try to score points in a political race, endangers residents by putting our community at risk of being saddled with an unsafe development.

The letter was addressed to the County’s Planning Board Chair, Casey Anderson, and urged the Board to “move forward” with the Junction project even though the State Highway Administration (SHA) has found the plan unsafe (four times). Councilmember Riemer used language including “I urge you to press SHA…” This, in spite of Planning Board rules stating clearly (Section 3.2) that Board members “must not communicate with any Person, other than Planning Staff or another Board member, about the merits or facts of any pending Application…except during the Board meeting when the Application…is being considered.” And yet Councilmember Riemer appears to be urging the Planning Board to pressure the SHA, and to flout Board rules on improper contacts.

Correcting the Errors, Point by Point

Here, we seek to straighten out any confusion caused by the errors and misinformation in Councilmember Riemer’s letter to the Planning Board Chair:

MISINFORMATION: Councilmember Riemer expresses “concerns about delays,” implying they are the fault of reviewers (such as SHA).

FACT: The current delay was caused by NDC asking for a fifth extension with the Planning Board, since they have not been able to manage to come up with a safe enough plan for approval by the SHA. The Board granted the extension, despite their own staff recommending against it.

MISINFORMATION: Councilmember Riemer states that his “conversations with Takoma Park residents” tell him the project is “very popular.”

FACT: The City’s own request for feedback last spring yielded 96% of comments against the proposed Junction project. (380 out of 395 comments).

MISINFORMATION: Councilmember Riemer states that “residents are bewildered” (implying they are bewildered as to why the project has not been approved).

FACT: Residents are indeed bewildered, but based on the written feedback, they are bewildered about why the City has not yet pulled the plug on this project, since the SHA has repeatedly found it to be unsafe, and the City Council voted unanimously to recommend against approval of the project, for five separate reasons, only one of which is the lay-by.

MISINFORMATION: The development “will provide additional parking” for the Co-op.

FACT: The project’s design requires a waiver to build a garage providing less than the amount of parking required by zoning for the new tenants alone. With loss of the City’s parking lot, there will be a net loss of parking for the Co-op and the existing small local businesses.

MISINFORMATION: NDC “needs the Co-op to succeed” as the Junction anchor.

FACT: This spring, NDC tried to evict the Co-op from the City’s lot, backing off only after the Co-op filed for legal protection. And NDC has already tried to buy the building out from under the Co-op. So it appears they do not feel they need the Co-op.

MISINFORMATION: “The Co-op officially does not oppose the project.”

FACT: The Co-op has repeatedly stated its objections to parts of NDC’s plans that threaten the Co-op’s deliveries and customer access to the store. Following extensive negotiations, the Co-op signed the mediation agreement with the City and NDC to not oppose the project unless NDC changes the project in material way(s) that would adversely affect the Co-op’s operations.

MISINFORMATION: “The lay-by…will primarily serve the Co-op.”

FACT: Any development with retail and restaurants this size is legally (and logically) required to have a loading zone for their own deliveries, and waste pick-up. Since no tenants have been made public, we have no idea what deliveries the new tenants will require.

MISINFORMATION: Implying the developer would consider any option other than a lay-by, Councilmember Riemer writes “…if there is an alternative approach that is better than a lay-by, great…”

FACT: NDC has steadfastly refused to cede any rentable square feet to make a safe loading zone at the rear of the development, where it belongs according to zoning. They have insisted on a lay-by, despite being told by SHA, and County reviewers, after four separate submissions, that each lay-by iteration was unsafe.

MISINFORMATION: Implying that the City wants this project. Referring to “a fair and equitable treatment for the property owner (the City)” and calling this project “the City’s exciting vision.”

FACT: The City Council voted unanimously to recommend the Planning Board reject this development proposal, for five separate reasons (not just the lay-by). Councilmember Riemer neglects to make any mention of this fact.

MISINFORMATION: Councilmember Riemer calls the City lot “a moribund parking lot.”

FACT: The parking lot is in full use, and often full, supporting the small local independent Junction businesses relying on it, including some that have just opened, or will open shortly. The developer has no plans to provide any particular number of parking spaces to these businesses.

MISINFORMATION: This project is “infill development.”

FACT: Infill development is defined as the reuse of “unused or blighted land.” The City lot is in full use, providing an essential function. The “walkshed” for development near a Metro stop is recognized as a half-mile. The Junction is too far from the Takoma Metro to qualify as walking distance. A Metro planner came to City hall during public comments, expressly to explain that the Junction is too far to qualify as Metro-accessible.

MISINFORMATION: Takoma residents want more shops, and offices.

FACT: Because the rents will be significantly higher than current rents at the Junction, any shops will drive gentrification if they succeed. However, retail is a sector that has been circling the drain since the pandemic. And, there are empty offices all over the region, due to the ongoing pandemic. This project is obsolete.

MISINFORMATION: The project will bring “a lot of new wage-earner jobs.”

FACT: By trying to pressure the SHA into approving a dysfunctional and dangerous lay-by as the loading zone, we risk driving out the Co-op, possibly the largest retail employer in the City. The Co-op is beloved for employing a diverse unionized staff with excellent benefits, working to feed the community. Workers in retail stores typically make minimum wage, with no benefits. So this would be a terrible trade-off, in terms of local jobs.

ASSERTION: There has been political interference in the planning process.

FACT: Yes, Councilmember Riemer’s letter is an attempt to use his Council position for political interference in the planning process now that the project is pending at the Planning Board. And he appears to be attempting to distort the decision on the safety of the Junction development to gain political ground in the race for County Executive. The County Council, and Planning Board, should not let this behavior stand.

Planning Board Grants 5th Extension for Junction Project to Gain Approval

Planning Board Grants 5th Extension for Takoma Junction Project to Gain Approval

On September 15 2021, the Montgomery County Planning Board agreed to give Neighborhood Development Company (NDC) a fifth extension to obtain approval for their proposed Takoma Junction project. NDC now has until January 20 2022, (approximately 90 additional days), to attempt to get approval from the State Highway Administration (SHA) before returning to the Planning Board. To date, the SHA has found both the layby and the exit drive unsafe (in four separate rulings), despite multiple design attempts by NDC.

In approving this fifth extension request, individual Planning Board members appeared to be unfamiliar with the details of the project. Notwithstanding the Planning staff’s recommendations that both the extension and project be denied, and the City’s recommendation that its own project be disapproved, Board Chair Casey Anderson nevertheless opined (watch starting at 3:15:00 on the video) that this would be a great project for the City if only SHA would approve the layby.

Community Vision for Takoma (CVT) is taking this opportunity to straighten out some of the confusion, evident at the Board hearing, surrounding the current proposal.

These are the facts:

The layby is not the only problem cited by the City.

The City Council voted on June 23 2021 for a resolution to recommend the Planning Board vote to disapprove the project. In doing so, the City Council cited not only the lack of approval from the SHA, but four other longtime issues NDC has been unwilling or unable to solve: lack of meaningful public space, a problematic rear facade, lack of parking for surrounding businesses, and inadequate stormwater treatment.

The Planning Board may not concern itself with these issues, but the City does, according to their own resolutions and development agreement, and their vote in June. But the City needs to stand firm on these issues, explain them to the Planning Board, and pull out of the project if the Planning Board approves it.

The layby is not the only problem cited by the SHA. They have repeatedly cited the inadequate sight lines for drivers coming from the garage exit ramp driveway (the egress) as a continuing safety problem.

NDC has pushed back by comparing their proposed exit to the current exit from the City lot. In a June 16 2021 letter from NDC to the SHA, NDC asserts, “We note that the same sight line issue exists today from the Intersection…and the entry point to the City’s parking lot on Carroll Avenue.”

However, this is a false comparison.

The proposed development would reduce the sight line by moving the driveway from the current location 40 to 50 feet to the west, closer to the fire station and blind corner. Additionally, the current lot is completely above ground, allowing exiting drivers to have a longer period to observe traffic coming from the west. The proposal, with vehicles exiting from an underground parking garage, limits that observation time. The proposal would also have drivers exiting from a darkened garage at the end of the workday and looking west into the setting sun. This visual adjustment time increases danger to bicycles and pedestrians as well as motorized vehicles in this heavily used area.

There are additional issues regarding the sight line. The September 7 2021 letter from SHA to NDC notes that there are other obstacles to the sight line (fencing, tree, parked cars), so the issue is not just one of absolute distance.

No one should have been surprised by SHA’s repeated rejection of layby designs in 2021. Since the beginning, many concerns have been expressed about the layby.

In 2015 when NDC was chosen by the City Council, Councilmember Seth Grimes wrote that the absence of a layby in NDC’s initial design was one of the reasons he voted to choose NDC for the project. He said a layby would be a “step in the wrong direction,” and that the “Co-op has said this approach would be unworkable.” (NDC switched to a layby design only after winning the project).
In the spring of 2019, County Department of Transportation (MCDOT) reviewers noted that the layby “should be removed” because of safety concerns.
In the spring of 2019, the Chair of the County’s Historic Preservation Commission (HPC) agreed with a resident who called the layby “an abomination.”
In the fall of 2019, the HPC staff noted that Commissioners were “unanimous in their concerns’ about the layby,” but were told to back off, which they did.
In the spring of 2020, MCDOT again noted multiple reasons why the layby location could not be approved.
So in 2021, the SHA’s four consecutive rejections of layby designs should not have been surprising.

Just because other developments have pickup or loading in front of the building doesn’t mean the Junction layby would be safe.

In public comments at the Board hearing, and as the Board considered the extension, there was discussion of how some other county locations handle loading or pickups, and a suggestion that these should be considered precedents for the approval of the Junction layby. However, none of these other developments have the same specific constraints and conditions of the proposed Junction layby:

Marriott Headquarters (Bethesda) has a circle loop, not a layby.
Avocet Tower (Bethesda) has a smaller pickup and drop-off layby for cars, but would not accommodate large trucks.
Ace Hardware (Takoma Park) has loading by trucks on the street, but was never analyzed by State or County reviewers because it is an informal arrangement.

Comparison Table

Key Differences in the Four Projects

Project Variables	Marriott Headquarters	Avocet Tower	Ace Hardware	Takoma Junction
Lay-by?	No	*Yes*	No	*Yes*
Pull-in, pull-out without right-angle turns?	No	*Yes*	*Yes*	*Yes*
Used for deliveries?	No	No	*Yes*	*Yes*
Trucks only (no drop-off/pick-up)?	No	No	*Yes*	*Yes*
Used for trash hauling?	No	No	No	*Yes*
Large trucks involved?	No	No	*Yes*	*Yes*
Deliveries/trash emphasize food-service?	No	No	No	*Yes*
Use shared by multiple properties?	No	No	No	*Yes*
Unconsolidated deliveries and hauling?	N/A	N/A	No	*Yes*
Delivery path conflicts with ADA route?	N/A	N/A	*Yes*	*Yes*
2-way adjacent traffic?	No	No	*Yes*	*Yes*
Adjacent stop line, crosswalk, and signal?	No	No	No	*Yes*
Adjacent bus stop?	No	No	No	*Yes*
Adjacent driveway?	No	No	No	*Yes*
Adjacent garage entrance/exit?	No	No	No	*Yes*
Requires crossing dedicated bike lanes?	No	No	No	*Yes*
Located down-block from a fire station?	No	No	No	*Yes*
Area needed for emergency access?	Unclear	Unclear	No	*Yes*
Routes traffic onto residential streets?	No	No	No	*Yes*
Routes traffic through unsignalized intersections?	No	No	No	*Yes*
Along block-long merge and crossing of two State Highway routes?	No	No	No	*Yes*
Visibility issues for approaching traffic?	No	No	*Yes*	*Yes*
Adjacent to walking route to school?	No	No	No	*Yes*
Approved by SHA & Planning Board?	YES	YES	Not reviewed	NO

The community does not want to work with a company that tried to kick the Co-op off the lot.

The most recent and relevant gauge of community support for this project is not the City election almost a year ago (when all incumbents were re-elected, whether or not they supported the development).

In April, NDC sent a cease and desist order to try to kick the Co-op off the lot, threatening its ability to function as a business. This aggressive action towards the Co-op caused some residents who had supported the development (or were neutral) to oppose it. We know this because of comments on the feedback page set up by the City last spring. Approximately 380 out of 395 comments opposed going forward with NDC and the project, or 96% of responses. Clearly, the City heard this feedback—which is the most recent and direct gauge of community opposition to the plan—before voting to recommend that the Planning Board disapprove the project. The relationship between the City and NDC is unclear at this point, and their weekly meetings on the Junction have stopped.

Protest at the Junction

A lot has happened at the Junction this week. And now, the City must decide between the developer, and the Co-op.

On Thursday night April 15th, a lawyer for the Takoma Junction developer (NDC) sent a “cease and desist” letter to the Co-op, telling them to halt all Co-op deliveries on the City lot immediately. They gave the Co-op 30 days to vacate the lot completely. This would potentially shut down the Co-op. And it would put the parking for all the Junction businesses in peril.

The next day, Friday, residents began arriving at the Junction to make sure the Co-op could receive deliveries. On Saturday and Sunday, those who love the C0-op, support local businesses, and are through with this developer, held protests at the Junction. Some 150 protesters occupied all three Junction sidewalks (both sides of Carroll and BY Morrison Park in the middle). Cars honked support as they drove through.

Even some who had previously supported the development expressed shock at this bullying of the Co-op, a community-owned institution that fed many of us through the pandemic. A flood of comments supporting the Co-op and calling for the end to the deal with NDC came in through the City’s Junction feedback comment form (Please post your comment!). It has become clear that you can no longer say you support the Co-op, and also support this development. Small local businesses and non-profits that had remained quiet, began speaking out. The photos here are a record of some of the signs. The overall message was #DropNDCNow and #SupportLocalBusinesses

The protest was covered by NBC Channel 4 News at six o’clock on Saturday night. Eric Bond was there recording interviews for his WOWD Takoma Radio news show, Talk of Takoma. His audio montage of “person on the street” voices, with the sounds of the protest in the background, was broadcast on Sunday.

On Monday morning, the struggle at the Junction was featured on Joni Eisenberg’s WPFW show, To Heal DC. Eisenberg, an activist who has lived in Takoma Park since 1979, called it a “Shocking situation in Takoma Park.” She connected this struggle to the activism of Sammie Abbott. “This is not just about Takoma Park. It’s not just about a health-food store. It’s about gentrification, and how it’s impacting the entire country,” Eisenberg stated. “We’re going to need to mobilize, together, to fight this developer, and to make sure the City of Takoma Park stands up for what is right for all of us.”

Listen here, starting at 2:30:

Developer Versus Co-op, To Heal DC, WPFW, April 19 2021

At this point, lawyers (presumably for the developer, City, and Co-op) are negotiating, and we have no idea what is happening. The Mayor and Councilmembers stopped giving substantive answers to resident questions, citing the legal proceedings. A series of three closed City Council meetings, with no public comments, began Monday night. All we know is that “fixing” the situation has to mean more than just letting the Co-op back on the lot. We must part ways with this developer.

Background on What Just Happened (for dates and links, keep scrolling down):

County reviewers find the layby unsafe.
City staff post some suspiciously unsubstantiated claims about the current Co-op delivery system on the lot being unsafe (and other new and bizarre claims about the development plans).
Co-op and residents challenge the City Manager to provide evidence.
No evidence forthcoming of danger on the lot, used for deliveries for decades.
State Highway Administration (SHA) says NDC’s proposed layby delivery system on Carroll Ave is not safe, cannot be approved.
This is not surprising. Residents and Councilmembers had concerns about the layby going back to 2015, and County and State reviewers expressed concern about it at several previous points in the review.
Without the layby, the developer cannot build something this big, or make as much money.
Then, NDC breaks their agreement with the City and Co-op by sending the Co-op the cease-and-desist letter.

For all the recent correspondence and relevant documents in one place, here is a timeline with links:

2/2/21 County Department of Transportation (MCDOT) letter cites safety concerns with the layby

3/10/21 City posts “Fact Sheet” (later removed) on City web site alleging current unsafe delivery conditions on the lot

3/17/21 Co-op response to City Manager about City “Fact Sheet”

3/17/21 City Manager response to Co-op

3/31/21 Co-op response to City Manager asking City to correct the “Fact Sheet” and post Co-op’s responses

4/13/21 State Highway Administration determines layby is unsafe

4/15/21 NDC notice to Co-op to immediately cease deliveries and sublease termination in 30 days

4/16/21 Co-op response to NDC re their actions

4/16/21 Co-op letter to City Manager re NDC’s actions

4/16/21 Oddly, no Councilmembers are on the weekly NDC/City/Council call, and the call notes make no mention of NDC terminating sublease with Co-op.

4/16/21 Co-op e-newsletter to Co-Op members and community re NDC notice to cease deliveries and sublease termination

4/21/21 Co-op update to members states they now have until April 26th to end deliveries, and they have received no evidence about unsafe conditions on lot

What Takoma Junction Means to One Family

How does one family love the Co-op? And why are they weighing in on the proposed Junction development? Our City has repeatedly refused to hold a work session on racial equity at the Junction. We recently posted a letter signed by over 100 people urging the County to undertake a racial equity review of the Junction plan. But here, one voice, one story in all its rich detail, makes the point. With her permission, we are posting the letter Gimbiya Lim wrote to the County planning department this week.

The (seemingly endless) review process should come to an end one way or another this year, in 2020. So please weigh in now, this month, while the County staff is still reviewing the plan, with your own letter to Mr elza.hisel-mccoy@montgomeryplanning.org, and to City officials, to ask for a better Junction plan.

Straddling Two Lots at Takoma Junction

The Takoma Junction developer (NDC) chosen by the City plans to buy the auto repair business adjacent to the City lot. In the current site plan, the developer shows a footprint straddling the two lots, with the entrance to the garage on the lot owned by the developer. Here, lawyer and Takoma Park resident Jessica Landman writes to City officials to ask about the risks to a development that sits partly on City land, and partly on land owned by the developer.

Mon, Jun 11, 2018

Dear Mayor Stewart and Takoma Park City Council Members,

I am writing today to renew, more urgently, a request made to you during the public comment period at the City Council meeting on May 2^nd.

In May I noted that the proposed Takoma Junction development plan anticipates construction of a building that straddles two parcels of land. It would bind the city to a 99-year lease, even though the city does not own or control one parcel that is vital to accessing the entire structure.

At the time I asked the City to investigate and inform the community whether this highly unusual arrangement poses a fiscal risk. As a lawyer and taxpayer, these questions concerned me greatly.

So far, there has been no response. The City’s silence left me wondering whether action was being taken or not.

Before the City adopts a Resolution committing to this project, it is vital that you determine whether there is a significant legal obstacle that could cause the City to have legal problems or incur unforeseen costs that the community would have to shoulder.

While I am not a real estate lawyer, I did undertake a preliminary review of the relevant rules in Montgomery County. From what I can discern, a building permit for a structure that straddles two parcels owned by two different parties will not be issued.

I urge the City to have its lawyers follow up, to determine whether they agree with the following analysis:

1. Under Montgomery County’s building code, a building permit may only be issued for a building located on ‘a lot or parcel shown on a plat recorded in the County Land Records or on a parcel exempt from recording requirements under Section 50-3.3’. [1]

2. The County’s subdivision rules define a ‘lot’ as a ‘discrete area of land that is described by a plat recorded in the land records for which the Department of Permitting Services may issue a building permit.’ [2] The County Zoning Code uses nearly identical language to define a lot: ‘A lot is a contiguous area of land that is described by a plat recoded in the land records for which a building permit can be issued.’

Obviously, the two adjacent parcels at the Junction, while contiguous, are not on one ‘lot’ that is recorded in the land records. (Nor are they on a parcel exempted under the specific terms of the code.)

3. At the Junction site there are two lots, which will not even be owned by the same entity. As such, the site does not meet the definition of a lot for which a building permit can be issued. The County’s rule is very clear; with the exception of a few exemptions irrelevant in this instance,

‘Construction of a new principal building may only occur on a lot or parcel shown on a plat recorded in the County Land Records.’[3]

My question for the City and the City’s lawyers is: Have you investigated how these constraints affect the Junction project?

If so, please share what you have learned.

If not, please undertake the appropriate due diligence to find out whether the project as currently contemplated would be unable to obtain a building permit.

Frankly, apart from the possibility that no permit would be issued for the proposed straddling two-lot project, the irregularity of the proposed arrangement strikes me, as a taxpayer, as risky. Could NDC – or a successor owner – who controls a portion of the parcel use that control to extract further, future fees or concessions from the City? What would happen in the event NDC defaults? Once can imagine many unhappy scenarios. Those may be the very reasons why the County rules forbid a construction permit for a structure that is not on a single ‘lot’. And even if a construction permit can somehow be obtained, the irregularity also suggests that investors will find the project risky, either steering clear or charging higher lending rates, which would in turn trigger higher rents.

Thank you for responding promptly to this letter; it is vital that you resolve these questions before you make a determination whether to approve the proposed project. It would be negligent for our City officials to fail to address these concerns.

Sincerely,

Jessica Landman

Ward 1

Another Resident Weighs In

In which resident David Paris provides a historical perspective on the Takoma Junction development, and some parallels with other local development projects:

Neighbors —

It is in the interest of all city residents, including even those who only shop elsewhere, for the city’s Takoma Junction lot to be sold or groundleased to the Takoma Park Silver Spring food Co-op at a market rate price in order to avoid further undermining the cooperative’s competitive position, shrinking the city’s commercial tax base, and tying up funds that are needed for important civic purposes. The development should serve the interests of the Co-op and existing residents rather than those of an unreliable outside developer trying to get away with the same sort of bait and switch tactics practiced by developers and by the Washington Adventist Hospital (WAH).

Amazingly, our Co-op has prospered despite the competitive advantages of nearby Shoppers Food Warehouse and Whole Foods locations, which both benefit from significantly larger stores coupled with seas of free parking spaces. Last year’s announcement that Amazon would be purchasing Whole Foods, accelerating existing uncertainty regarding the future of the food industry, just adds to the long list of reasons why our city government should be working with our food Co-op rather than further undercutting its competitive position.

NDC has exhibited short-sighted insensitivity to the core grocery services that have made Takoma Junction an important community destination. Supposedly, NDC was chosen, despite its low bid, because it promised to build a loading dock. Instead, NDC quickly abandoned the loading dock, substituting a large and unsightly driveway in front of the store, despite a series of safety concerns expressed by the Takoma Park Fire Department. Moreover, promised plans to maintain access for grocery consumers during construction have not materialized, and promised community space is to be shoehorned into the front loading area.

The abandonment of the loading dock that the Co-op requires to survive, which was promised in all of its original plans, was rationalized in a 2016 NDC letter by a blithe reference to the existence of frontal loading at a single unidentified Trader Joe’s store. This turned out to be Trader Joe’s in Adams Morgan, which is located 6 miles from Takoma, located in a renovated building that, unlike the proposed new building, could not be retrofitted with a loading dock.

All of the Co-op’s nearby grocery competitors have substantial loading docks and parking lots, including Shoppers Food Warehouse (1 mile), Whole Foods (2 miles), and Safeway (2 miles). Moreover, all other Trader Joe’s DC locations have loading docks, including the West End facility, which nonetheless appears to have some problems with trucks blocking the sidewalk. A liquor license application for the Capital Hill Trader Joe’s includes a signed agreement with DC Advisory Neighborhood Commission 6B, promising to “receive deliveries at the loading dock provided by the landlord of the subject premises for use by retail tenants.”

It is a tribute to its economic strength that the Co-op has been prospering despite the burdensome redevelopment process imposed by the city government. In 2014, the current wasteful Takoma Junction development process was initiated by the city in response to the Co-op’s forthright expression of interest in purchasing the city lot. In 2012, the Co-op’s working budget called for paying as much as $1 million dollars for the lot, which is ten times more than the value that NDC placed on the lot during the selection process. The land was purchased by the city in 1995 for $500,000 and appraised for $1.475 million, several years ago. In 2014, the Co-op planned for modest/buffered development, a wider choice of moderately priced merchandise, indoor/outdoor public facilities, and, of course, a loading dock.

If the lot had been sold or groundleased to the Co-op during 2014, the community already would be enjoying the benefits of an expanded facility. Instead of engaging the Co-op, the city instituted a seemingly rigged Request for Development (RFD) bidding process that irresponsibly ended up selecting NDC, which valued the property at $100,000, one tenth of the amount introduced by the Co-op and considerably less than the $500-600,000 valuations used by the other developers. Over its first five years, the NDC lease calls for the city to receive far less rent from NDC than the Co-op has been paying to park cars on a small portion of the city lot. Further, the rent breaks continue throughout the 99-year life of the lease.

The short-sighted willingness of NDC to abandon the critical loading dock, which is tantamount to killing the goose that laid the golden egg, is reminiscent of the eagerness of WMATA and EYA to compromise future Takoma Station bus spaces and to consume parkland to accommodate townhouses with two-car garages under the guise of transit oriented development. In contrast, the community proposed a small apartment buildingon the station parking lot. In 2008, lenders would have been interested in financing the apartment, in light of rental unit demand resulting from a the freeze on residential construction. In 2010, NDC partnered to develop a DC school site with EYA, which has maintained a stranglehold over Takoma Station development for well over a decade.

Misleading and irresponsible comments about the Co-op from Takoma Park officials and the prejudicial planning process seem to have been calculated to rationalize shackling the Co-op with a developer, subverting local control of the grocery’s expansion. For example, during the October 6, 2014, council work session, City Manager Brian Kenner and a council member irresponsibly speculated that the Co-op might not remain at Takoma Junction and that it might fail within two years of expansion, due to the uncertainties facing groceries.

The discriminatory RFP process downgraded the Co-op submission because it lacked development experience and outright failed to credit the Co-op for the expertise of its advisors, including Edward S. West, a successful real estate attorney, who has negotiated leases involving a long list of businesses including, McDonalds, Food Lion, Giant Food of PA, J. Crew, Ann Taylor, Patagonia, Thrift Drug, Au Bon Pain, Safeway, and Pepco. Other Co-op advisors included an architect and a nationally recognized development team that has been associated with 200 successful food coop expansions, according to Co-op testimony.

There is nothing sacrosanct about RFPs, as exemplified by the misrepresentations, deflated expectations, and scandal surrounding the RFP process for the White Oak LifeSci mega-development. In fact, the project was renamed “Viva” after few initial bio-enterprises, other than WAH, were attracted. In 2016, the county dropped longstanding plans to participate in hundreds of millions of dollars in anticipated profits as a partner in the mega development because county employees somehow failed to identify restrictive covenants. The public documents should have been turned up by even the most perfunctory of title searches, let alone a protracted RFP process. In 2017, County officials appropriately chose Valentines Day to approve the sweetheart sale of the $42 million property to the developer for ostensibly $10 million.

Our city government further revealed its true colors when it appropriated $80,000 to pay the pro-developer law firm of Bregman, Berbert, Schwartz & Gilday (BBS&G) to negotiate the groundlease, which is overly generous to NDC by providing ongoing rental breaks. Similarly, in 2016, Montgomery County hired BBS&G to provide legal advice regarding the White Oak development debacle. The retention of the firm was controversial. Critics argued convincingly that retaining the BBS&G was tantamount to hiring the fox to guard the hen house, since White Oak Master Plan was the “signature project” of Francoise Carrier, one of its attorneys, during her term as chair of the Montgomery Planning Board (MPB).

In 2013, BBS&G authored a highly controversial report, supposedly exonerating the MPB from charges of racism regarding the closure of the only roadway providing access to the historic Sandy Spring, Maryland residential community. Both the county and city legal teams include Carrier, who turned heads when she quickly joined BBS&G after presiding over adoption of the problematic White Oak master plan, in July 2014. The previous December, Carrier issued a press release proclaiming that the $120,000 Bregman report was “through and conclusive.” One month later, she announced that she would not be seeking a second term as planning board chair.

The BBS&G report “fails to address,” allegations by the county inspector general that state Attorney General Douglas F. Gansler “quashed an investigation of the Farm Road matter,”after receiving campaign contributions from members of the Bregman firm. “The community got exactly what it predicted from Mr. Bregman – half truths and distortions,” complained Judy Penny, a relative of an elderly resident. The landlocking of the Farm Road community, established by African Americans following the Civil War, was the subject of a Maryland Black Legislative Caucus Hearing and a series of WUSA exposes. The access road is just as critical to the beleaguered Farm Road residents as the Co-op loading dock is to the success of the grocery store.

The outcome of the current Takoma Junction process will establish the basis for future community and developer expectations regarding a flood of upcoming development projects involving New Hampshire Avenue, the Takoma Station, the soon-to-be-vacated hospital campus, and the sites of two former schools. The linkage between Junction development and other projects, which has been recognized by city staff and officials, is exactly why the city needs to get Junction development right. The failure of the city government to defend actively the threat to local emergency services created by the county’s recruitment of WAH to anchor the White Oak Science Park has already established Takoma Park as a soft target.

It is obvious that Takoma Junction development process has diverted city resources from more important matters, including keeping emergency services local and securing a sustainable WAH medical campus. With the hospital move a year away, next year’s county budget contains no funds for additional ambulances, and no study has been commissioned of the impact of moving the WAH ER. Moreover, amazingly there has been no effort to regulate hospital-run urgent care centers, like the facility WAH plans to leave behind, although such regulation is being pursued in many other states. Meanwhile, our officials are touting the addition of a Takoma paramedic, which was extremely low-hanging fruit, since our station is the last unit in the county to be assigned a paramedic.

The TPSS Co-op has been a reliable member of our community since 1995, when it renovated and moved into the vacant Turner Building, creating a thriving ongoing community enterprise that is now threatened by governmental intermeddling and developer misrepresentations. The Co-op steadfastly went ahead with the move, despite the failure of the Maryland Assembly to appropriate $1 million in economic development funds for the Junction. The funds were to have been available “if the city could demonstrate there also was significant new private money ready to be invested” in addition to the city’s planned expenditure of “$515,000 next month to acquire a vacant 1.4-acre lot in Takoma Junction.”

Over the years, the Co-op has paid its own way. It may even have been overcharged by the city for use of the city lot for parking, judging from the reduced rental rate that the city is considering charging NDC. A recent state capital improvements grant, which must be matched, is the first occasion of the Co-op receiving or requesting substantial government economic assistance. Over recent years, the Co-op has been forced to spend hundreds of thousands for legal and architectural fees participating in the wasteful and unproductive process imposed by the city. Instead, the funds could have been applied to paying a fair price for the city lot, allowing the city to focus on more important matters.

The Co-op deserves the freedom to develop its own property independently, with the city government’s cooperation and supervision, rather than its domination. The city should sell the Takoma Junction lot to the Co-op for a significant portion of its appraised value. Although history has shown that the Co-op, unlike WAH, keeps its word, it is reasonable to expect the Co-op to sign an undertaking detailing how it will carry out its longstanding promises regarding density, community facilities, and a broader selection of products selling at lower prices.

Thank you for your attention.

Sincerely,

Dave Paris, Larch

A List of Unresolved Issues with the Proposed Takoma Junction Site Plan

A group led by Roger Schlegel has now crowd-sourced a list of some 70 issues that remain unresolved with the developer’s current site plan for the proposed Takoma Junction development. You can read the entire list here.

The list is broken into sections on:

Overall Presentation
Aesthetics
Historic Character and Scale
Accommodations of the TPSS Co-op
Sustainability
Outdoor Public Space
Promoting Alternative Modes of Transportation
Enhanced Streetscape
Parking
Retail and Commercial Destination with Options for Local Community
Traffic Impacts
Emergency Vehicle Responsiveness
and Racial Equity.

Go have a look!

A Letter From Takoma Junction Businesses

This letter from a large majority of Junction businesses has been delivered to the City:

May 7, 2018

To: Mayor Kate Stewart, Council Members: Peter Kovar, Cindy Dyballa, Kacy Kostiuk, Terry Seamens, Jarrett Smith, and Talisha Searcy

From: Business Owners of Takoma Junction

Re: Proposed plan in the Junction

We stand in solidarity with The Takoma Park-Silver Spring Co-op grocery store, a vital resource and an anchor business located in Takoma Junction currently being threatened by the proposed development plan by NDC. The Co-op management and members have brought up a number of safety and operational concerns to the Council. We urge the Council not to take these concerns lightly. In addition, many of these issues may also affect our businesses located on Carroll Avenue.

We want to see the following issues addressed:

Our Carroll Avenue strip has seen a particularly promising upswing in new, stable small businesses which may be threatened by increased traffic, difficulty parking, and the potentially higher rents in the Junction that may result from the large retail areas across the street putting additional strain on our businesses.

The parking issue is especially concerning because it is likely that with increased volume of shoppers, some will look for free parking on the residential streets instead of using the metered parking garage. Parking on nearby streets by shoppers will likely require that Permit Parking be instituted; not something that all residents wish for but will need in order to maintain sufficient parking for themselves. Those who currently come to the Carroll Avenue shops might be deterred from patronizing our businesses due to increased traffic congestion and lack of free parking.

If this project were to be completed, the large retail spaces are likely to be expensive to rent. As a result we are less likely to attract the small businesses that now characterize much of Old Takoma and Takoma Junction, namely, unique, individually-owned and operated shops and services. Higher rents in those spaces, if not designated for local businesses, may become occupied by chain stores and national businesses instead of locally-owned enterprises. We have a long-standing tradition in this City of encouraging locally-owned and operated small businesses that lend our community charm, character, and uniqueness in a large Metropolitan area filled with big chain stores.

Keeping in mind the scale of what is already here should be a priority, and this NDC project is out-of-scale with the surroundings. It has been noted that the renderings are misleading and that the proposed building it actually much taller than shown.

Finally, we are very concerned about the effect such an over-sized construction project including excavation for underground parking may have on our Historic buildings, nearly 100 years old now. Heavy trucks creating a lot of vibration are hard on our antique buildings.

Please do not turn a deaf ear on the business owners in Takoma Junction that already provide (and have for many years) tax revenue for the City.

Please do not minimize the importance of a well-conceived plan for deliveries and trash removal at the proposed site. Once it is built it will difficult, if not impossible, to correct the situation of large trucks sitting in front of the building—possibly double-parked—lined up and emitting fumes. This would be both unsightly and smelly for anyone sitting out and forget dining al fresco!

Lastly, this is such an oversized complex at a time when shopping is increasingly done online, and malls and strip shopping centers are often left with vacant spaces or are closing all together. Once this two-story building is up, what will happen if it is mostly vacant? This plan is on the wrong side of what we stand for in Takoma Park, on the wrong side of a population needing and longing for more community and relaxing green areas, and on the wrong side of quieting a busy intersection.

Thank you for your time and consideration.

Takoma Junction Business proprietors:

Rick and Bernita Leonard
Heritage Building and Renovation, Inc.
Suds Laundromat
7334 Carroll Avenue

Eric Sepler
Kinetic Artistry
7216 Carroll Avenue

Katherine Rurka
Spring Mill Bread Company
7300 Carroll Avenue

Mark Schneider
Urban HiFi, LLC
t/a Linear Tube Audio
7316 Carroll Avenue

Paul Aytch
Mary Newsome Yancy
Salon 2000
7310 Carroll Avenue
With independent operators:
Andrea Wilson
Irene Jackson
Sandra Fisher

Jo Anne Carey, D.V.M.
Takoma Park Animal Clinic
7330 Carroll Avenue

Mark Howard
Takoma Framers
7312 Carroll Avenue

Haresh Laheri
Takoma Postal & Business Center
7304 Carroll Avenue

Kendra Blackett Dibigna
Bikram Yoga Takoma Park
7324 Carroll Avenue

Steve Cho
Carriage House Cleaners
7308 Carroll Avenue

Bruce and Inan Philips
Healey Surgeons
7211 Carroll Avenue

Nazirahk Amen, ND, L.Ac.
Wisdom Path Healing Center
Purple Mountain Organics
7120 Carroll Avenue

D. Doley
RS Automotive, Inc.
7224 Carroll Avenue

Rachel Hardwick, President
Board of Representatives
Takoma Park-Silver Spring Co-op
201 Ethan Allen

Does the NDC Combined Site Plan Meet the City of Takoma Park’s Takoma Junction Development Goals?

EXECUTIVE SUMMARY

The City of Takoma Park has invested many years of hard work and sustained community dialogue to craft its strategy and goals for developing Takoma Junction, through the rigorous analysis of the Takoma Junction Task Force and multiple City Council resolutions.

Yet the Combined Site Plan presented by the City’s chosen developer, NDC, diverges significantly from the Takoma Junction Task Force’s recommendations, the City’s RFP, the Development Agreement, and the City Council’s October 25, 2017 resolution on the development.

Key findings of an intensive comparison study of these documents by Takoma Park resident and Takoma Junction Task Force member Roger Schlegel include:

The building’s 40-foot height and 50,000 square foot size do not “blend harmoniously with adjacent residential neighborhoods” [1] or show “sensitivity to the historical character and scale of the area.”[2]
The Combined Site Plan fails to provide “reasonable accommodation”[3] to the Co-op for business continuity during construction,³ and for loading of deliveries, trash and recycling pickup, and customer parking.³
The Combined Site Plan’s less than 1,200 square feet of usable public space will not “serve as a cultural meeting-point for old and young in a diverse community”¹ nor does it constitute “A large amount of vibrant, comfortable, and easily accessible street-level public space that functions as a community gathering spot.”³
The Combined Site Plan’s relocation of the bus stop serving the south side of Carroll Avenue, its elimination of the bikeshare station, and the absence of a bike lane fail to “preserve and include alternatives to automotive transportation.”^{3 [4]}
The widely estimated rental rate of $45/sq. ft. makes it highly unlikely that commercial space within the building will be leased “predominantly to local and regional operators.”⁴
The garage driveway entrance and exit (just 60 feet from the Philadelphia Ave. stop line and fire house) and the truck lay-by’s ability to accommodate only one 18-wheel tractor-trailer make it impossible for the Combined Site Plan to “function adequately as a link within the local road and transit networks.”¹ Moreover, Fire Chief Tom Musgrove testified that the truck lay-by, if occupied, could stack up a second truck and even a bus in the right lane, making it impossible for emergency vehicles to move quickly around traffic in the left lane.
Given the small public space, high rental rates and possible loss of the City’s sole centrally-located source of healthy food, the City Council must engage in detailed deliberations to ensure that “issues of racial equity [are] addressed proactively & deliberately in the course of decision-making.”[5]