Critics Question Fillmore Plans

Local sentiment is not unanimous. An organization that represents the presidents of 11 civic associations in the neighborhoods surrounding downtown Silver Spring reached consensus last week that the county should continue its course with Live Nation.

Barbara Ditzler, president of the Woodside Park Civic Association, compared the county's relationship with that of a betrothed couple: "We shouldn't have Silver Spring dating other people now that he is engaged."

Under the tentative agreement signed in September, the county and state would each invest $4 million to build a 32,000-square-foot venue at Colesville Road and Georgia Avenue. The developers would donate the land, worth about $3.5 million, to the county as part of their plans for a $110 million multiuse real estate project.

Bruce Lee, president of Lee Development Group, said he is committed to Leggett and his deal with Live Nation. "We're moving fast and furious," he said.

Ted Mankin, a Live Nation executive, deferred to the county on questions about the process. "We are really focused on completing our deal and moving forward," he said.

Live Nation intends to create a venue for up to 2,000 people, for which it would pay monthly rent of at least $7,500 -- the same amount the Birchmere would have paid for a 750-person venue. The asking price for retail space in downtown Silver Spring generally ranges from $35 to $50 per square foot. Live Nation would pay just under $3, a reduced rate that the county says is a necessary incentive. The letter of intent also gives the company the option to buy the property after 16 years for $8 million.

The numbers don't add up to council member Marc Elrich (D-At Large). "Why would we sell it for less than the current value, let alone the future value?" he asked.

At a time when the county is facing a budget shortfall of about $400 million and legislators are poised to make $550 million in spending cuts statewide, Leggett should have used a formal bidding process, Elrich and some community members say.

Hurwitz is trying to make that case. He has hired former Planning Board Chairman Gus Bauman to provide political advice, enlisted a local law firm, consulted with an Annapolis lobbyist and is meeting one-on-one with council members and residents.

When then-County Executive Douglas M. Duncan (D) was negotiating with the Alexandria-based Birchmere, Hurwitz said he took a pass because of that venue's special cabaret-style setting. But when he learned that the county had changed gears to create a larger nightclub, "it was time to speak up," Hurwitz said. His initial letter arrived six days after the county had signed with Live Nation.

Firestine dismissed Hurwitz's proposal as a "cut and paste job" that cherry-picked details from an existing offer. "If you did business this way, anyone could come in at the eleventh hour, " he said.

It seems unlikely, though, that the county would have been inclined to get serious with Hurwitz. When the Birchmere talks broke down, Leggett's spokesman Patrick Lacefield said, "the feedback we were getting from people was, 'Whatever you do, we don't want the 9:30 Club.' "