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The deal between Live Nation, Lee Development Group, and Montgomery County appears to have been finalized. From the press release itself…

County Gets Silver Spring Property Worth $3.5 Million For Free To Open Fillmore Music Hall

Montgomery County and the Lee Development Group today signed a final agreement permitting the construction of a Fillmore Music Hall on the property which formerly housed the J.C. Penney Company in downtown Silver Spring.  After completion of the Music Hall, Lee Development Group will donate the land to the County.

Under the terms of the agreement, Montgomery County receives the $3.5 million property at no cost to create a dynamic new music, entertainment, and community use venue in downtown Silver Spring, a move that will bolster economic development and the music scene for that community and the County as a whole.

The new music hall, to be run under contract by Live Nation, will preserve the historic façade of the old J.C. Penney store site on Colesville Road owned by the Lee Development Group – a site vacant for 18 years — and build a modern, new music and community use venue behind it. The State of Maryland and Montgomery County will contribute $4 million each – for a total $8 million in public investment — toward the cost of building the facility, which will be owned by the County. The Music Hall requires no ongoing public subsidy.

An economic impact analysis done by the County’s Department of Finance shows an annual cost to the State and County on projected bond issues as approximately $355,000 and annual direct and indirect income tothe State and County from sales, income, beverage, fuel, and other taxes, as well as rent, as  approximately $1,067,000. This results in a net annual profit to the public of $712,000.

When the value of Live Nation’s improvements to the County-owned building and Live Nation’s ongoing and structural maintenance work are included – as well as the value of community use and Live Nation community contributions – the net benefit to the public increases by another $951,000 to a total net public benefit annually of about $1,663,000.

Under the terms of the agreement, the Lee Development Group would also provide for free management services for the construction of the facility, a $500,000 value.

The land donation is intended to serve as the required “public use space and public amenity” that is required for County development projects. Almost always such an amenity is provided in conjunction with a development project. In this case, however, the Lee Development Group is providing the amenity up-front – long before they have a development project on the property adjoining the former J.C. Penney site.

“The County’s vision is to bring a dynamic, first-class music, entertainment, and community use venue that will offer a wide range of musical choices to Silver Spring at the former J.C. Penney site,” said County Executive Ike Leggett. “That’s why the County approached the Lee Development Group with this innovative approach, asking them to donate this key property at the gateway to Silver Spring.

“We want to bring Silver Spring revitalization across Colesville Road and Georgia Avenue. We want more customers for Silver Spring businesses and restaurants. This location will create a dynamic center of music and entertainment with the American Film Institute and the restored Silver Theater directly across the street.”

“This is one more giant step toward delivering that vision,” said Department of Economic Development director Steve Silverman. “Now more than ever, we need to take Silver Spring revitalization to the next level.”

“This complex and groundbreaking agreement is finally signed. Now we look forward to working with the County Planning Department to move this project forward,” said Bruce H. Lee, President of Lee Development Group.

More information on the project is available at www.livemusicss.com.

Just when I thought I’d be able to ressurect this image… BOOM goes the dynamite! Fantastic.

Next on the list? Booking some of the most esoteric bands money can buy. First one should be something awesome like Gogol Bordello. You know, to really get the naysayers in the neighborhood up in arms.

Next? (Thanks, M.D.)

I have to say, there are few things like writing an incindiary post and a week later being introduced to one of the people you were writing about. That’s exactly what happened to me Saturday night. I heard that Lee Development Group and Live Nation (Fillmore) had booths next to each other, so I thought I would go down and take a look.

At the booth, I ran into Mike Deigel, who has been part of the long-term, ongoing effort to bring live music to Silver Spring. He also arranged a meeting with some local bloggers and Live Nation’s Ted Mankin. Last night we started chatting, and he asked me if I had ever met Bruce Lee. I hadn’t, but I have now.

I was, unfortunately, introduced as the author of this blog, so there was no hiding anything. Even after the rancor of my earlier partisan post (before which I had been thoroughly pro-Fillmore), Bruce was nothing but gracious and informative. I told him my concerns, and he told me the view from his side of the fence. I’m frustrated as hell, as are a lot of people (including Bruce). I feel like I have a much deeper understanding of recent events and will throw out some thoughts for you to ponder:

1. About that 15 years-with-no-additional-approval thing
According to Bruce, they would still have to go through a normal development approval process for what they build. What they asked for is that the current regulations apply over the next 10 years (with an option for an additional five years). This way they could build when the market conditions were right and not have to worry about less-than-sane Mongtomery County officials (MoCoLoCo) changing things so drastically as to make development inordinately prohibitive. I’m fine with this.

2. Seth Hurwitz would never build a club here
This is one I’m not so sure of. I understand the trepedation of some, and the attitude that Seth is just in it to kill the deal and eliminate competitors, but I don’t buy it. Call me crazy or jaded or idealistic, but if there is money to be had in this market for live music (and I’d like to think there is), I can’t see I.M.P. taking the deal and walking away with an empty building for the next 30 years. It just doesn’t fly with me. And Montgomery County would find a way to screw him over anyway if he tried it.

3. The Lee Family is in it for their own self-interest
Not really. Not any more than any company that has a fiduciary duty to its stakeholders and the bottom line. As the charter president of the Greater Silver Spring Chamber of Commerce and president of Lee Development Group, I’d wager he is decidedly pro-business. At the same time, he’s fighting against a County that just increased the corporate tax rate from 7% to 8.25%. Don’t get me wrong - I’m a tax-paying, Hillary-loving-turned-Obama-supporting Democrat. Tax-and-spend is ok if done the right way. But in a time and place where economic development is vital, Montgomery County increasing the corporate tax by 1.25% seems counter-productive.

Notice a trend here?
As I mentioned earlier, there’s a lot of blame to go around. I’m about ready to give a kidney if it’ll get live music here any faster, and I’ve had a long history saying so on thig blog. But there seems to be a recurring theme in this and past posts concerning the entire ordeal: Montgomery County is crazy. The Council, its Executive, and in particular, Maryland-National Capital Park & Planning Commission. Almost the entire staff of M-NCPPC needs to be taken out back and beaten with a stick. The reason developers want safeguards is that they don’t trust the MoCo Council or M-NCPPC, and I don’t blame them.

Montgomery County has long been a laughingstock of state and nearby goverment entities. Do a search on the Web for “montgomery county maryland laughingstock” and see what you get. It’s time for local government to get their heads out of their asses and make something happen.

Bring me live music.

You all have heard me say many times that we just need to work to bring the Fillmore Music Hall to Silver Spring. And while I’m still very much in favor of this venue (or something like it), I now recognize we have a problem. It’s not the type of music. It’s not the fact that the organization vying for the old, defunct JC Penney building is a huge corporate conglomerate. And frankly, it’s not even Ike Leggett’s support of the current deal.

The problem is the Lee Family.
In particular, the two men you see in this photo from the Washington Post: cousins Bruce and Blair. These people are the problem.

I understand they’re business people and they’re looking out for their company first. And according to an interesting story in the Washington Post, they don’t trust Montgomery County. I can appreciate that, too. But counting the music hall as public open space so the Lees can wait 15 years to do whatever the hell they want with the adjacent land without county approval might be taking it too far. Add to that more articles outlining opposition for a variety of reasons from WaPo’s Steven Pearlstein and the DCist and it’s too much to ignore. And when Washington Business Journal - a decidedly pro-business publication - has an editorial lambasting both the deal and the Lees themselves, you have to start asking yourself what you believe.

I say screw them. They have enough money, and someone will find some way to pacify these jokers and their self-centered grab for code fulfillment and building rights. Find someplace else to build a music hall. The National Institute of Cleaning & Dyeing on Georgia? Something else in South Silver Spring?

What are the chances of taking these boneheads out of the equation? Blair? Bruce? Can you take the silver spoons out of your mouths long enough to say something for yourselves?

As many are trying to prevent some sort of Scott Farcas Affair from erupting between Live Nation and IMP (9:30 Club), we now have a new group of idiots saying that, and I quote:

“…we are disappointed in County Executive Ike Leggett in NOT closing the deal with the owners of The Birchmere and instead, behind closed doors, signing a letter of intent with Live Nation before making it publicly known that he was considering proposals from other promotion companies.”

This is from a Web site that says they are “NOT ANTI ‘LIVE NATION’ AS A COMPANY” (with a big [sic] on the ALL CAPS stupidity), yet their domain name distinctly indicates otherwise. I will not do them the honor of repeating their domain name here, but as of this writing the only supporter listed on their site is IFI Music, and there are not yet any “Supporters [sic] Comments” in that eponymous section.

I did a WHO IS search to see who owns the domain name, and whoever it is made the domain registration private. So I assume they don’t want the public to know who’s behind it. All I can think of is the comment from the Silver Spring Penguin on the Silver Spring, Singular blog that says:

However, one middle-aged woman tore into council member Phil Andrews immediately after the gig [at the AFI], saying that the Birchmere would have been better suited to the neighborhood.

“What were you thinking?!?” she yelled at Andrews.

I know what he was thinking. He was thinking that the music venue should have a broader appeal to the community - particularly to those younger people who are coming into the city in droves with more disposable income than her. How you like them apples?

I’m going to guess that this site is run by some outdated hippy who plays guitar in a local folk band, and their specialty is somewhere between the Mamas and the Papas and The Carpenters. They’re too old to understand that you should pay for a proper Web site if you want any credibility (the site is a free, templated site from GoDaddy.com - meaning there are ads all over it and, aesthetically, it sucks), and they still haven’t learned that if Mama Cass had given Karen Carpenter that ham sandwich, they might both be alive today to play at The Birchmere (which will be built shortly in College Park). I expect someone to post this URL soon, and even if it’s as a comment on this site, that’s fine. I just can’t bring myself to do it.

Harsh, you say? Perhaps. But true. The Birchmere is gone. Those of you who know me know I just want live music here. When The Birchmere was coming, I thought it was grand. When Live Nation came into the mix, I thought it was even better. When Seth Hurwitz stuck his nose into the mix, I got angry because I assumed it would prolong the process of getting a good live music venue here. Now these people send out their site to the community bitching and moaning about how Ike hosed The Birchmere? 2006 called, and they want their development deal back. Get over it.

The last several shows I’ve been to included Neko Case, Martha Wainwright, The Reverend Horton Heat, and Rob Zombie/Ozzie Osbourne. My tastes run the gamut, so it’s not about genre (except new country). Just shut the hell up and build me a live music venue.

On a different and much happier note…
Thank God the Patriots didn’t win. I’m not Giants fan, but I’d have much rather seen Eli get the MVP trophy than that other guy. More power to ‘em all. And thanks to K & N for a kick ass party, even though I didn’t win any squares.

In light of my recent Rock Band experience and a nagging urge to see Blue Oyster Cult on a reunion tour at a (yet to be named?) Silver Spring Music Venue, I give you a more lighthearted thought for the day…

As many of you have probably heard, and as reported in the Washington Post, our County Executive inked a deal Friday with Live Nation to secure The Fillmore at the old JC Penney building on Colesville Road. Thank heavens. I hope all the bitching and moaning and gnashing of teeth will stop.

But you and I both know that’s not going to happen. People on the lilstserv are already saying “it’s not a done deal yet” or “I’m already scared to walk to Whole Foods on a Saturday night.” Oh, please. You think we’re going to get a music venue and the neighborhood’s going to go to shit? If that’s going to be your perception, then I can’t help you. No one can. You can continue to fear change or roll with it - it’s your call.

I, for one, am totally psyched. And if Seth Hurwitz is listening: Yes, this means I won’t be spending as much money to go to your little 9:30 Club. Sure, I’ll go see the Rev. (among others) when he comes, but I hope this puts the kibosh on IMP’s comlaints, too.

Now, if you don’t mind, I’d like to take this opportunity to say just how wonderful our great County Executive is. Ike Leggett is about the best administrator a county could hope for. He’s tackling the tough problems with the budget, bringing great entertainment venues to the area, and putting the smackdown on the (formerly) Duncan Library because Douggie tried to steal our money.

Thank you, Mr. County Executive. And please remember this post when you’re deciding what to do with those 6 tickets you get to every show at The Fillmore.

Sincerely,
Your Friends at Thayer Avenue

There’s some excellent analysis today from the Washington Post’s Business Columnist Steven Pearlstein on the whole Live Nation vs. Seth Hurwitz fracas. To sum up:

• Seth raised his hand too late and now he’s whining about it
• His offer appears so attractive it’s difficult to ignore
• Seth apparently uses his power to stifle regional compeition, and then says he doesn’t mind competition (while, at the same time, saying that competition is overrated)
• Ike Leggett might have an out by giving Hurwitz 120 days to negotiate a land deal with the Lees (who own the property) and using some of the savings (should a deal be struck) to compensate Live Nation for its time and trouble.

And to all you people whining on the listservs about subsidizing Live Nation’s efforts (you know who you are), shut your collective traps and take note of this paragraph:

By the way, it’s not correct to say, as most critics do, that Leggett is proposing to hand $8 million in state and county funds to Live Nation. In exchange for its investment, the county will own a building and parcel of land valued today at $11.5 million (A provision allowing Live Nation to buy it later for $8 million will be dropped.) And it is a fair guess that the extra meals and sales tax revenue generated by the facility will more than cover the $400,000 a year in interest payments on the bonds used to finance it.

I’ll reiterate what I said the last time I posted something about this: Bring me live music. At this point, I think Seth Hurwitz is being a baby because he wasn’t invited to the big kids’ table when dinner started. And he can stop with the whole “I’m from Montgomery Country and local and would be better…” charade. This is strictly business, and anyone who tells you different is just trying to stifle competition.

Quit the bickering and get the Live Nation deal moving. Please.

I’m reminded of a line from The Hunt for Red October, where the KGB agent aboard the eponymous sub was reading from Capt. Ramius’ Bible:

And the seventh angel poured forth his bowl, and a loud voice cried out from heaven: “It is done.”

So the 9:30 club gets the big Heisman from the County Council. That’s fine. Ike Leggett sent a letter to several people, the contents of which were posted on the listserv. Here’s an excerpt:

For obvious reasons, it would be inappropriate for the County to enter into an agreement with one operator only to subsequently decide to engage in simultaneous negotiations with a second proposed operator that has the benefit of seeing and undercutting the signed terms of its competitor’s agreement. This would be unacceptable. Had the County originally signed a Letter of Intent with the 9:30 Club, or any other operator, and a third party inserted itself into the negotiations at the last minute by cherry-picking an existing proposal, my attitude would be the same.

And this is something I can totally be on board with. So Live Nation is coming in? Great. Building a Fillmore? Excellent. Now get the details done and give me some live music. How long will that take? Are we still looking at 2010? Hurry it up, already!

On a different note…
It looks like the rumors of a Matchbox or some other restaurant at the old Fire Station #1 were bogus. VERY excited about Hook & Ladder coming to the neighborhood, and as Silver Spring Scene reports, we’re looking at June 1 plus 45 days. Just what that means, I’m not sure, but the sooner the better.

Anything I can do to speed up the process, gentlemen? I have several growlers at the ready, itching to be filled with that hoppy, yeasty goodness.

I’ll reiterate what I said when the Birchmere deal went south: I want live music here. Birchmere, Live Nation, IMP - whatever. Now a lot more brouhaha has been raised with Seth Hurwitz’s recent letters to Ike Leggett.

I talked with Audrey Schaefer of IMP this morning, and they’re still very much looking to get in and talk with the Council. Why not? Nothing has been signed. As a matter of fact, there is one statement in bold on the letter of intent with Live Nation:

This letter of intent is for discussion purposes only and does not contain all of the material business or legal terms of the proposed transaction and is merely intended only as a basis for preparation of a lease between Live Nation and the County and subsequent to negotiation by the parties. It should be understood that the parties mutually intend that neither shall have any binding contractual obligation or liability to the other regarding this matter…

Blah blah blah. Ultimately, she says this means that there is no legal basis for the County *not* to entertain other offers. Also according to Ms Shaefer, Live Nation’s rent would be equivalent to $2.82 per square foot for the facility. IMP offered to double that (from $7,500/mo to $15,000/mo). The going rate for space in DTSS is somewhere between $20 and $50 per sq. ft. Then remove the $2 million subsidy that IMP declined. Sounds like it’s an offer that at least worth entertaining.

To be fair, Ms Shaefer said that their one mistake was not approaching the County sooner. The justification is that MoCo had been in (on-again, off-again) negotiations with The Birchmere for so long, IMP assumed that was the sort of venue the County wanted (sit-down-and-eat-while-you-listen-to-show-type thing). Out of respect for the Birchmere, they wanted to give them the opportunity to work things out. I’m fine with that. Now The Birchmere is going to the Flaming Sofa Capital of the World, and we have an empty warehouse.

The people at IMP also seem to understand the area a little better - seeing as how they all live around here (many in MoCo itself). Regarding the venue, Ms Shaefer adds: “We think of it as the people’s place. It’s the people’s money and we want what they want. Montgomery County has a very active citizenry, and we know there will be input from the community.”

Having said all this, I’m not advocating a blind transition to contract negotiations with IMP. But they can at least be heard and seriously considered, right? What’s the harm in that? If you feel that way, please contact the Montgomery County Council and/or County Executive Leggett himself.

On a related note: You know how our Founding Fathers created the Electoral College because they thought the general public was too stupid to be trusted with electing their leaders directly by popular vote? (We can discuss the implications of that in 2000 and 2004 another time.) When the idea of the community submitting names for the Silver Spring Music Hall came up, the recommednation of a multi-judge panel for review and final say came along with it. Thank heavens.

And while I like some of the music at Austin Grill, that’s not what I’m talking about. I’m going to 9:30 next week for the Rev. Horton Heat (which I do EVERY year), and I like the idea of another “9:30″ club within walking distance, but I think Mr. Hurwitz should have thrown his hat into the ring a long time ago. A few thoughts and concerns about the whole mishegas:

Live Nation Acts
In part of his diatribe, Hurwitz/IMP claims that acts that come to The Fillmore will mirror national programming/tours. Really? I thought there would be a variety of acts coming in. And what about the availability Live Nation promised for community events? Seems to me that IMP’s Merriweather Post Pavilion mirrors that exact same M.O.

“Nation” is Closed
He puts this up there like Live Nation can’t keep a club open. I enjoyed my times at Nation (Thursday Leather Night anyone?), but I got two words for you: baseball stadium.

Community Input on Scheduling Acts
This sounds like a great idea, but as Silver Spring, Singular wrote, that would actually be a nightmare. And it’s the only meeting I would attend regularly if only to thwack down all the people who would try to recreate The Birchmere by proxy.

Food
Now on this, Hurwitz has me. I would like a kitchen in there. Otherwise I’m gonna have to go by The Quarry House and grab some tots before every show.

Most Important: THE NAME
Silver Spring Music Hall? BO-RING. Can’t we think of something better? I’d love to hear your thoughts, but in the meantime, here are some of mine:

1. 86 - It is, after all, the 8600 block of Colesville
2. Nation - Homage to the destructed, and a big finger to The Fillmore parent
3. Club Sligo - And no, Singular, I don’t mean you
4. SHIT - Seth Hurwitz Independent Theater
5. Thayer Hall - For obvious reasons, my favorite

Just a few starters, as my brain is fried. Will update a final list in a new post once everyone has had their say. If Seth wants to do this, he better do it right.

UPDATE: I spoke with Audrey Shaefer from IMP this morning and am very much of the mindset that this needs to be opened up for further discussion. More to come on this subject later in the day…