Frederick City and County News of Interest VOL. 3, NO. 11 | NOVEMBER 4, 2024

 

VOL. 3, NO. 11  |  NOVEMBER 4, 2024 Frederick City and County News of Interest Please join our monthly email list by clicking here. Learn more about CRG at the bottom of this newsletter. For quick access, click on a title here and jump to that article, below: City: Planning Commission Opening City: Community Outreach — Brickworks & Lucas Village City: Temporary Housing Possibility City: Election Districts City: Update on the Winchester Property City: More City Housing — Yes! More Traffic — Beware! City: Vacant Property Ordinance Status City: Rental Licensing Ordinance — Use of Collected Funds City: FREE organics/food waste pickup County: MPRP Transmission Line ______________ City: Planning Commission Opening There is an immediate opening for a new member (maybe a second, soon) on the City’s Planning Commission (PC). The PC reviews development applications and provides conditions and recommendations on development projects proposed within the City. In CRG’s opinion, to date the PC has been the most responsive part of the City administration to residents’ input. Members are the most thoroughly prepared of any of the City’s commissions, boards, or its elected officials, so if you want to make a lasting impact on our future, consider applying for this critically important representative group of focused volunteers! Go to https://www.cityoffrederickmd.gov/726/Commission-Vacancies and the Planning Commission tab and APPLY! City: Community Outreach — Brickworks & Lucas Village On October 21, Deputy Director for Planning Gabrielle Collard held a Community Outreach meeting with two important projects discussed: the Brickworks at East and South Streets, and Lucas Village demolition off Sagner Avenue. The main outcome of discussions for the latter was that the demolition of Lucas Village will begin with specific City guarantees on eventual housing for 88 current residents and either saving the current community center or building a new facility. CRG applauds both decisions and looks forward to helping Lucas Village residents and their neighbors urge the City to repair existing sinkholes, inspect adjacent neighborhoods for sinkholes, renovate a stormwater retention pond, and alleviate frequent flooding of neighborhood streets. For the Brickworks project, parkland and plans for 230 townhomes on Lot 5 were discussed. The developer has been responsive to adding parkland on the property on the east side of East Street; a few more acres are needed to meet the City requirements. For Lot 5 townhome construction, the developer’s representative stated that no grading of land on Lot 5 will occur until MDE has issued its decision regarding whether contaminants are sufficiently low so that no mitigation is needed, or that contaminant levels will need to be reduced prior to recontouring of surface soils. This has been a CRG concern for more than two years based on historical records of contamination on the property. City: Temporary Housing Possibility On October 16 and 23, the Mayor and Board of Aldermen heard the description of a housing initiative that would allow temporary short-term housing in City areas zoned institutional, for the protection of the City’s homeless population during cold winter months. Ann Ryan of the Frederick Housing Solutions Task Force and pastors from several churches indicated they have land for such housing, and need the City to examine possible zoning modifications to permit this use. The temporary housing initiative is part of a housing continuum that Alderwoman Nash is advocating, from homelessness to home ownership (for a description, go to III.A.1 Presentation at https://cityoffrederick.granicus.com/GeneratedAgendaViewer.php?view_id=12&event_id=5365). CRG strongly supports this ordinance and looks forward to workshops and hearings soon to provide this critically needed service to our less fortunate community members. City: Election Districts According to the City Charter amendments approved by the Board of Aldermen, five election districts will be in place for the 2025 municipal election. The City Council will be comprised of 5 district and 2 at-large representatives. To move that amendment forward, the City has hired HaystaqDNA to draft the election district maps. On October 23, representatives from the company presented their plan and timeline to the Mayor and Board. In an aggressive schedule, maps of City districts would be completed by February 1, 2025, with opportunities for input from City officials and residents before that final delivery date. The anticipated (though flexible) timeline was presented: Courtesy of Phyllis Hane, City Clerk City: Update on the Winchester Property A discussion and decision, scheduled for the October 24 Historic Preservation Commission (HPC) meeting, on whether the buildings (a house built in the mid-1800s and accompanying stable/garage/shed) on the Winchester property on East 6th Street are contributing or non-contributing, was postponed until December due to a request by the developer for a continuance. As there was no HPC quorum to vote on the continuance at the meeting, the commissioners will vote at their November meeting whether to continue this matter at the December meeting. At the present time, it appears staff are recommending a “non-contributing” designation for the stable/garage/shed and a “contributing” designation for the house itself, which now is configured as a 3-unit apartment. Given the delay, there is still time for interested residents to weigh in with comments to Commissioners via HPC staff. City: More City Housing — Yes! More Traffic — Beware! As reported in the FNP (Saturday–Sunday October 26–27) the proposed 106-unit apartment building to be located between the Carroll Creek Linear Park and E. Patrick Street received the final site plan and local forest conservation plan approval from the City’s Planning Commission (PC) on October 24. While CRG expected this decision — based on discussions and early approvals at prior City meetings — it raises yet again the specter of traffic snarls in the Patrick/East street area.   In short order, the Galleria mixed use project at the corner of East and All Saints, the downtown hotel and conference center on E. Patrick and Carroll Streets, the Brickworks development at East and South Streets, the Visitation Academy project between E. Church and E. 2nd, the 106-unit complex at 404–420 E. Patrick Street, and an unknown development to replace the Railroad Museum will be adding new residents to downtown. A very good thing!!! More residents, more vibrant downtown, more foot traffic at local businesses. On the other hand, what exactly has been/will be done to ameliorate the already difficult traffic situation which seems to grow worse and worse each month? (As an aside, this scribe spent 20 minutes driving from the corner of N. Market and N. East Street to the intersection at Patrick Street on a recent Wednesday afternoon — about 1.5 miles. There were no works projects, no accidents to impede traffic flow, just more cars and trucks than the corridor can handle now. What will happen when the above noted projects come online?)   The City established a Downtown Frederick Mobility Zone and fee structure in 2022, with the stated use of the funds “…from the mobility fee district account at its discretion to fund transportation capital projects, within or adjacent to the Downtown.” The FNP article mentioned that the developer of the 106-unit apartment building will be “subject to the Downtown Frederick Mobility Fee…approximately $2,813.” The amount cited is interesting, to say the least, as the resolution establishing the mobility fee indicates an initial assessment (which rises each fiscal year) for residential properties of $311.07 per unit which in 2022 would have totaled more than $32K for a 106-unit apartment building.   So, some questions. Has the fund been established? If so, how much has been collected? How much, if any, has been used? Why an approximate $2,813 (per the FNP article) payment for this property rather than an amount based on the resolution requirement for residential properties of a per unit fee multiplied by the number of units? What are the plans for improving the traffic — pedestrian, bicycle, motor vehicle — along the East Street corridor and the east side of town? Which reminds us: Whatever has happened with Form Based Code for the corridor? City: Vacant Property Ordinance Status Based on all the public interest and progress by the City recently to address the high-profile blighted Asiana property on North Market Street there has been a renewed call to update the status of the Vacancy Property Ordinance (VPO) passed in December 2020 and its impact on additional habitually vacant properties.   The VPO mandates an increase in property taxes in year 3 for previously registered and inspected vacant properties (years 1 and 2). This past May, notices of a separate blighted property tax increase for the 2025 fiscal year (July 1–June 30) were sent to 7 individual property owners for a total of 13 properties. Frequent Downtown visitors will be quite familiar with the location of most of these as they exist primarily on the 300 block of North Market Street and have been vacant in some cases for decades. With a goal of incentivizing the owners to either renovate or sell, it is important to note the VPO additionally provides the City with both the tool of continual tax increases or the nuclear option of receivership after year 4 as they took with Asiana on North Market Street (https://cityoffrederick.granicus.com/player/clip/5955?view_id=15&redirect=true). CRG encourages all City residents to stay involved by participating in the City's preferred method of handling resident concerns through "complaint driven enforcement“ and reporting properties felt to be vacant for at least one year and in violation of the VPO through the City website: https://frederickmd.portal.opengov.com/categories/1076/record-types/6559 The path to finally resolving these ongoing vacancy issues is clear and CRG commends the City for taking the first step with Asiana. We hope the predicted success of the pending legal challenge will encourage the City to continue their efforts and finish the job.   City: Rental Licensing Ordinance — Use of Collected Funds In August 2022, the City passed an ordinance to collect money for rental licenses. The more than $527,000 collected in the past fiscal year will be used for Housing and Human Services operating and administrative costs, with the remaining money divided among three funds: the Tenant Protection Fund, the Rental Assistance Fund, and the Affordable Housing Conservation Fund. The Tenant Protection Fund request of $50,000 is to “…protect renters from being evicted from their units due to unsafe conditions created by their landlord or the building’s owner” (FNP, October 31). The Rental Assistance Fund will “…provide short-term assistance to renters who experience temporary financial hardship” (FNP, ibid.) and those eligible would earn 50% or less of the average mean income, hold a Section 8 voucher, or be 65 or older, or have a disabled household member. The Affordable Housing Conservation Fund will “…provide one-time payments for projects to established homeowners” (FNP, ibid.), i.e., one-time repairs that the owner cannot afford. CRG applauds this City commitment and trusts that the funds will at least partially alleviate the long-standing need for residential assistance. Go to https://www.fredericknewspost.com/news/economy_and_business/real_estate_and_development/aldermen-consider-best-ways-to-use-rental-licensing-money/article_a9a7c5bb-47e1-5678-beaa-f6253587a217.html for additional details.   City: FREE organics/food waste pickup Residents, remember to sign up for the FREE organics pickup the City is offering! Learn more here: https://www.cityoffrederickmd.gov/1591/Free-Curbside-Composting Composting is an important part of any sustainable city. It reduces the amount of trash entering the municipal landfill, creates nutrient-rich soil without chemical fertilizers, and helps reduce a city’s carbon footprint. County: MPRP Transmission Line To the disappointment of many County residents, small businesses, and local-to-Federal officials, PSEG has published a route for a proposed transmission line from northern Baltimore County, through Carroll, into southwestern Frederick County. PSEG has sent over 800 letters to property owners whose land may be within the transmission line route for possible purchase, or seizure through eminent domain. Lack of credible justification for the line, loss of private and public properties, and rate payer assumption of transmission line construction costs ($425 million) has induced rage and disbelief that a project primarily built for data centers in northern Virginia currently, and perhaps those likely in southwest Frederick County over the next decade, could move forward with clear, widespread, vocal opposition. Multiple bills for the state’s legislative session beginning in January are under consideration to re-examine the transmission line, as well as power demand and costs associated with future data centers. CRG wonders: Where is the Federal Energy Regulatory Commission's intervention to re-examine this decision, in which the sole beneficiaries are large corporations that sponsor data centers at the expense of local residents? For landowners near the proposed MPRP line: A coalition of organizations, including Envision Frederick County, Sugarloaf Alliance, and the Smarter Growth Alliance, are working to distribute information to landowners next to and near the MPRP line. In Frederick County, please reach out using the email address, smartergrowthfc@gmail.com to learn more about this effort, or to volunteer to help distribute flyers to landowners. Upcoming MPRP information sessions About these meetings: "PSEG invites you to public information sessions to learn more about MPRP and the process moving forward. There will be a brief overview of the project followed by a moderated question and answer session." Wednesday, November 13, 2024 Carroll County PSEG Information Session Carroll County Ag Center, 706 Agricultural Center Dr., Westminster, MD 6:00 PM–8:30 PM Tuesday, November 12, 2024 Baltimore County PSEG Information Session Embassy Suites by Hilton, 213 International Circle, Hunt Valley, MD 6:00 PM–8:30 PM Thursday, November 14, 2024 Frederick County PSEG Information Session Brunswick Volunteer Fire Company, 1500 Volunteer Drive, Brunswick, MD 6:00 PM–8:30 PM

__________________ See the CRG blog at: responsiblegrowthfrederick.com Contributors: P. Gallagher, S. Jakubczyk, M. Rosensweig, K. Sellner, J. Wagner CRG is a grassroots coalition of Frederick residents who prioritize responsible growth, expanding infrastructure, and a functional natural environment. We advocate for development that accommodates projected population increases while fostering a strong and diverse community fabric and increasing economic opportunities. Our comprehensive approach emphasizes public safety, traffic mitigation, increasing school capacity, and housing for all members of our community. Many Frederick residents want to know — but cannot find — information about how to participate in discussions of important local issues. The City and County generally hold meetings from 3–10 p.m., making it impossible for most of us to attend meetings or weigh in on issues of interest. Our mission with this monthly newsletter is to highlight City and County activities so you can learn more and, with your limited time, weigh in on areas of growth and development, City and County policies, and other local activities. Occasionally, opinions or longer stories will be offered by knowledgeable experts/readers. We welcome suggestions for articles focused on specific topics. Contact Kevin Sellner (kgsellner@gmail.com), Marge Rosensweig (marjorierosensweig@gmail.com), or Steve Jakubczyk (jakubczyksteven@gmail.com) for consideration of your issue. We're on Instagram... follow us! Check out our Facebook page!

Frederick City and County News of Interest VOL. 3, NO. 10 | OCTOBER 7, 2024

 

VOL. 3, NO. 10  |  OCTOBER 7, 2024 Frederick City and County News of Interest Please join our monthly email list by clicking here. Learn more about CRG at the bottom of this newsletter. For quick access, click on a title here and jump to that article, below: City: NAC Ad Hoc Committee Recommendations City: Brickworks Update City: Charter Review Update City: Odd Fellows Hall Update City: Worman’s Mill Court Apartments City: Winchester Property Demolition: 127 E. 6th Street County: Temporary Building Moratorium County: Revisions to its Moderately Priced Dwelling Unit (MPDU) Requirements County: IWW Meetings: Rezoning for Industry & Commercial Businesses County: Transmission Lines Upcoming Meetings and Events ______________ City: NAC Ad Hoc Committee Recommendations An adhoc committee of volunteers, appointed by Mayor O’Connor last year, submitted their report in September 2023 containing recommendations to guide the Board of Aldermen as it arrives at consensus for changes to the Neighborhood Advisory Council (NAC) Resolution, last amended in 2012.  The Mayor and Board of Aldermen (M&B) considered these recommendations at their September 5, 2024 workshop. Charged with proposing changes to revitalize the NACs and allow the board to develop consensus, ad hoc committee members addressed what they considered to be key issues for consideration. (A side note: It was determined at the beginning of the Sept. 5 workshop that the Mayor and Board had not received the red-lined Committee Report, and thus were not as prepared to be responsive to recommendations as had been anticipated.) Nonetheless, presenters moved forward, noting that their recommendations are based on extensive research into the organization, policies, and practices of 60 NAC-like municipal entities around the country and through discussions with numerous City residents. Foremost among the issues is the sense — among residents — that communication between City administrators/staff/elected officials and the community at large is neither robust nor a dialogue, but rather a one-way information highway — from the City to the residents. To change that, the committee recommended an increase in two-way interaction via establishment of a Liaison Board (one representative from each NAC) that would meet quarterly with elected officials and City staff to share issues and concerns that cut across NACs. This recommendation generated more than an hour-long discussion culminating in an informal consensus among Alderpersons that the liaison board inserts an additional layer of “bureaucracy” between the grass-roots NACs and elected officials. Moreover, Alderpersons noted the provision for NAC–City meetings in the previous Resolution and asserted those could/should be reinstated as these meetings (perhaps once or twice/year) were, and would be, an effective means of two-way dialogue. Other recommendations briefly discussed included the stage at which a developer–NAC meeting should be held (i.e., prior to or after preliminary approval for a development project); special meetings; number of NACs; encouragement of/support for social gatherings at the local NAC level; review frequency for the NAC Resolution; clarity regarding responsibilities of NAC members and City officials in terms of encouraging broader NAC engagement, etc. Agreement was reached that the City Attorney would draft an Ordinance (to replace a NAC Resolution) based on the discussion and sense of the Board as expressed at the workshop which would be circulated among Alderpersons for red-lining and further discussion. No date was set for this process.  City Brickworks Update On September 16 the Brickworks project was discussed at the City Planning Commission, including sub-division, parkland, and forest conservation plan. Additionally, public comment sought updates on a possible urban school on the site as well as status of the site cleanup under MDE’s Voluntary Cleanup Program. The developer is in discussion with the FCPS on options for a school on the property, and a cleanup plan has not been finalized for the known contaminants common to the property. Stay tuned as the eventual development will be THE gateway to the City, providing a first impression of our historic urban area. City Charter Review Update It appears the many hours/weeks/months of effort expended by the Charter Review committee have paid off. At its September 21 Mayor & Board public meeting, all but one recommendation of the committee was approved, with some minor text changes inserted in several recommendations. Among the more controversial issues were term limits, non-affiliated voters eligible to vote in primaries, and non-citizen voting in municipal elections. Ultimately, two of these three were approved and one was removed from consideration: Term limits — Alderpersons voted to approve limits of 3 consecutive terms for council members and two for mayor, with possibility of a future candidacy after a term had elapsed since the individual’s prior term. Three alderpersons voted in favor of term limits, with two opposed. Non-citizen voting — Several residents spoke in favor of this recommendation with two in opposition and a third strongly urging the legislators to put “guard rails” around this provision to assure non-citizen voting did not get out of hand. The final vote was 4–1 in favor. Non-party affiliated voters — A legal opinion by the City Attorney indicated that there is no “legal way forward” for such a provision. Based on that opinion, the Board voted 5-0 to not consider this recommendation. The next step will be drafting ordinances to transfer from the City Charter to the City Code, where necessary, approved recommendations. City: Odd Fellows Hall Update Having previously received Level 1 approval for several multi-family buildings, townhouses, and various amenities, the developer of Odd Fellows Hall returned to the Historic Preservation Commission (HPC) to request a modification of that approval. The purpose of the modification is to allow increased density via an additional multi-family building along the northern property boundary. During the lengthy discussion at the September 19 HPC workshop, staff expressed concern about the requested modification, primarily regarding the massive size of the multi-family buildings and loss of green space. Earlier (approved) plans featured three multi-family buildings lining the northern perimeter, with green space fronting the buildings. The proposed revision features four buildings — though appearing as two due to the hyphenated structure (i.e., connecting two buildings with an inset section narrower and slightly lower than the two buildings) — with no green area between surface parking and building fronts. Commissioners suggested a return to the three (smaller) multi-family building approach and the developer will reconfigure the plans. Stay tuned! City: Worman’s Mill Court Apartments Mayor and Board approval of rezoning and the master plan for the proposed affordable Worman’s Mill Court Apartments (off N. Market St. and opposite the Clemson Corner Shopping Center) was granted. Additionally, the on-site afforestation/reforestation requirement was dropped in exchange for a >$1.1M contribution for an extended rails with trails connection across Rte. 26. Upon approval of the zoning change, the Board briefly discussed and then approved (3–1) the Master Plan for the project. CRG is in a dilemma: We definitely support more affordable housing but segregating lower income residents in a property with limited traffic access and reduced tree canopy and habitat provide less than ideal quality of life attributes for future residents of the property. City: Winchester Property Demolition: 127 E. 6th Street There has been a delay in the HPC discussion of the proposed demolition of the historic Winchester site, 127 E. 6th Street. The Demolition Application (Case HPC24-702) is now scheduled for the October 24 HPC meeting. Written comments and other help to support preservation of this treasured site are still needed. Please contact Jim Wagner (240-586-1215, your.james.wagner@gmail.com) for more information — any and all help in the preservation effort is appreciated. County: Temporary Building Moratorium On October 1, the County Council voted 5–1 to reject a proposed temporary 2-year building moratorium that had been proposed by Councilman McKay. The moratorium would have been automatically implemented if projected student numbers for a new residential subdivision plat exceeded 120% of state projected school capacity 5 years after plat receipt, or if issued residential building permits would result in 175% or more of state projected school capacities over 5 years following proposed construction. An example of the dire overcrowded conditions is the Oakdale Elementary School. The current state rated capacity for the school is 707 students; there are currently over 1200 students in the school. It has no additional land for more portable classrooms. Preparations are now underway to use land for a proposed library across the street from the school to be used as a playground next year so that more portables can be placed on school grounds. The legislation was opposed by developers, builders, and people working in the building and related industries. People supporting the legislation were teachers and parents that might be impacted by the legislation.  Some of the reasons Council members opposed the legislation include: The legislation would not meet its intended purpose of slowing growth in a greatly over-capacity school area; municipalities would not be covered; the legislation might delay or jeopardize the middle school land and infrastructure improvements to be provided by the Gordon Mill developer; growth of the County commercial tax base would be delayed; it would send the wrong message to businesses considering coming into the County; constituents in the building trades would experience financial difficulty; overcrowding issues that have always been an issue in the County schools would remain; expensive lawsuits by permitted developers would likely arise; and increased housing does not necessarily lead to overcrowded schools. Let’s hope that the County Executive’s 4% property tax increase specifically designated for school construction provides the needed 25 County schools as soon as possible. County: Revisions to its Moderately Priced Dwelling Unit (MPDU) Requirements On October 1, the County Council convened a first reading of legislation to revise the current County guidelines that require construction of affordable housing in large new developments (12.5% is required), or payment of fee-in-lieu funds to avoid construction of such housing. (https://www.frederickcountymd.gov/DocumentCenter/View/353103/REVISED-MDPU-Proposed-Bill). Stay tuned for additional Council discussions that will ideally lead to actual construction of MPDUs. County: IWW Meetings — Rezoning for Industry and Commercial Businesses The County has recently convened 3 public meetings to discuss the outcomes of multiple County Executive-appointed Investing in Workers and Workplaces (IWW) Advisory Group meetings, which were convened to identify possible County areas for development/redevelopment of industrial and biotech businesses to increase County revenues. Rezoning to support such development includes four municipalities (City of Frederick, Brunswick, Thurmont, and New Market) and three general areas (Jefferson Tech Park-Mt. Zion Road, Urbana Corridors, and the area surrounding the Eastalco site). However, considerable public backlash has resulted, beginning with the fact that residents represented only 4 of the 14 members of the County Executive’s IWW Advisory Group, with principal concerns focusing on loss of prized agricultural and forested lands to accommodate the proposed new industries, as well as considerations of future sources of water and power infrastructure for any new large businesses (e.g., would there be a need for a second transmission line in addition to the current MPRP [Maryland Piedmont Reliability Project] line now proposed for data centers in N. Virginia and eventually the Eastalco site near Adamstown?). From the perspective of many residents, before consideration of the IWW Plan, the first step should be completion of the County’s Green Infrastructure Plan (a high priority in the 2019 Livable Frederick Master Plan) which would identify County areas to be protected for agriculture, contiguous forest corridors, areas critical for water percolation and groundwater supplies to County streams and creeks, and carbon sequestration to reduce County emissions of greenhouse gases (GHGs). GHGs lead to excessive summer temperatures, major storms and lengthy extreme droughts, and threats to public health due to poor air quality. The Green Infrastructure Plan guidance would then be followed by industrial area planning, and not the other way around. Additionally, within the IWW initial mapping, there appears to be an expansion of MD Route 80 into a corridor that would connect with Route 15 by crossing land in agriculture preservation, a first in the state. CRG strongly encourages much more complete presentation of reasons for selection of these development areas, and inclusion of property owners and neighbors in all future deliberations of sites for rezoning. This should be accompanied by completion of the Green Infrastructure Plan that would then inform where rezoning might or might not occur.   County: Transmission Lines Where to begin? The proposed Maryland Piedmont Reliability Project (MPRP) to construct new power lines from Baltimore County through Carroll to southwest Frederick County — leading to loss of private properties, businesses and employment, agriculture preservation lands, and ‘green’ treasured areas — is still in play. This is in spite of Senator Cardin’s strong opposition to the current approach (requested by CRG in a letter to the senator approximately 1 month ago) as well as reluctance of County officials to endorse the project. The Office of the People’s Counsel is challenging the project, as well, as a unnecessary/unjustified construction project whose costs would largely be assigned to ratepayers. Further, a formal complaint of unfair cost transfers to residents has been lodged by Earthjustice, Sierra Club, Natural Resources Defense Council, Public Citizen, Sustainable FERC Project, and the Union of Concerned Scientists to the Federal Energy Regulatory Commission (https://mail.google.com/mail/u/0/?tab=rm&ogbl#inbox/FMfcgzQXJQVpMcBhgsLVWVQgQhhnHzDw). As noted in the IWW section above, should the new County-identified areas for industrial and commercial development be established, construction of another transmission line may be necessary, jeopardizing other properties throughout the area. CRG and many other groups and individuals strongly encourage a restart of the entire process, including better decisions about where power is truly needed; how it might be delivered if a need exists; whether industrial users pay vs. deferring costs to residents; and projections of power demand in the next decades. Upcoming Meetings & Events October 8, 5:30 pm, Winchester Hall, Frederick MD, County Council Workshop: Discussion of data center regulation and “Floating Zones for Data centers”, the latter a mechanism to permit land rezoned from agriculture to industrial to allow data centers.   October 9, 9 am and 1 pm respectively, City Hall: Legislative priorities meeting and work session with Frederick County delegation. October 9, 6 pm, Oakdale High School Auditorium: County Executive Fitzwater will convene a community meeting on the proposed Maryland Piedmont Reliability Project. The Public Service Enterprise Group (PSEG), which is managing the project, will have representatives at the meeting to present information and answer questions. FCG TV will record the meeting, which will be available in the video archive at www.FrederickCountyMD.gov/FCGtv.  October 16, 6 pm, Carroll Manor Elementary School Cafeteria, 5624 Adamstown Road, Adamstown, MD: A public information meeting to discuss the application and permit review process for MDE Air and Radiation Administration permit for proposed IAD04 data center facility including the installation of 168 emergency diesel generators and 4 more high powered emergency generators. The IAD04 data center facility will be located at the Quantum Loophole campus at 5601 Manor Woods Road, Frederick, MD.

__________________ See the CRG blog at: responsiblegrowthfrederick.com Contributors: P. Gallagher, R. Huber, M. Rosensweig, K. Sellner, J. Wagner CRG is a grassroots coalition of Frederick residents who prioritize responsible growth, expanding infrastructure, and a functional natural environment. We advocate for development that accommodates projected population increases while fostering a strong and diverse community fabric and increasing economic opportunities. Our comprehensive approach emphasizes public safety, traffic mitigation, increasing school capacity, and housing for all members of our community. Many Frederick residents want to know — but cannot find — information about how to participate in discussions of important local issues. The City and County generally hold meetings from 3–10 p.m., making it impossible for most of us to attend meetings or weigh in on issues of interest. Our mission with this monthly newsletter is to highlight City and County activities so you can learn more and, with your limited time, weigh in on areas of growth and development, City and County policies, and other local activities. Occasionally, opinions or longer stories will be offered by knowledgeable experts/readers. We welcome suggestions for articles focused on specific topics. Contact Kevin Sellner (kgsellner@gmail.com), Marge Rosensweig (marjorierosensweig@gmail.com), or Steve Jakubczyk (jakubczyksteven@gmail.com) for consideration of your issue.

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Frederick City and County News of Interest VOL. 3, NO. 9 | SEPTEMBER 11, 2024

 

VOL. 3, NO. 9  |  SEPTEMBER 11, 2024 Frederick City and County News of Interest Please join our monthly email list by clicking here. Learn more about CRG at the bottom of this newsletter. For quick access, click on a title here and jump to that article, below: City: Winchester Property Preservation Coalition City Charter Review City Planning Commission City: Galleria Project City: Wormans Mill Court Apartments Project City Workshop: Ad Hoc Neighborhood Engagement & NAC Committee City: North Market Street Liquor License Concern City: Composting Program County: Development Moratorium Ordinance County: Data Center Update: Bauxite Project for Rowan Data Centers County: Data Centers — MD Tech Council’s Data Center Summit Cross-County Transmission Line Project (MPRP) County: Investing in Workers and Workplaces Plan Upcoming Meetings & Events ______________ City: Winchester Property Preservation Coalition’s effort to save an historic City apartment house and grounds — Help save the site! A preliminary plan for a 0.6 acre property at 127 E. 6th Street, Frederick, calls for the demolition of a historic house and barn and the building of eight high-end townhomes. The house currently serves as 3 affordable apartment units. Civil War Major Benjamin Franklin (B.F.) Winchester and his family acquired this long-time agricultural property in the 1860s, their homestead until B.F.’s passing in 1895. B.F. Winchester and his brother Hiram were leaders in Frederick, starting with the founding of the Frederick Female Seminary by Hiram in the 1840s and B.F.'s service there as a mathematics teacher. The school would later be renamed “Winchester Hall,” and become the seat of Frederick County government. B.F. Winchester was an educator, a quartermaster in the Union Army, a Frederick Alderman and Council member, and a market gardener, but he is most noted for his brick manufacturing business. Many noteworthy Frederick institutions, including the old City Hall at 124 N. Market Street (now Brewer's Alley), Montevue Home, and Maryland School for the Deaf were at least partly constructed with his bricks. The applications to demolish Winchester’s former property's house and barn and to replace them with the townhomes have been submitted to the Historic Preservation Commission (HPC) for review. The applications and City staff report are available online Friday, September 6 via this link. Readers are encouraged to submit written comments to staff Christina Martinkosky and/or Tanzi Crayton for consideration by HPC members. This may be the sole opportunity for public comment on the demolition. Additionally, readers are encouraged to attend both the property Site Visit announced here, scheduled for Thursday, September 12 at 4:45 PM, as well as the Demolition Workshop at the 6 PM HPC meeting. Please touch base with Jim Wagner (your.james.wagner@gmail.com or 240-586-1215) with questions. Demolition and development here are misguided, removing affordable housing and destroying a historically contributing resource. Given B.F. Winchester's many contributions to his City and country, and the long history of the house, the site is worthy of the HPC's "unusual importance" label. You can help in saving the site! City Charter Review On August 28, the Board of Aldermen continued review of the December 2023 recommendations to the City Charter proposed by the mayor-appointed Charter Review Committee. After considerable discussion, a final list of staff-paraphrased recommendations will be voted on in a September 19 meeting of the Mayor and Board of Aldermen. Many of the recommendations could be included in the 2025 City election for voter approval. Accordingly, it is VERY IMPORTANT that residents provide input as the final wording will decide the future of City government and rules that impact ALL residents. Once posted, CRG will distribute a list of the proposed changes for review and comment. City Planning Commission On August 12, the Planning Commission (PC) agreed on final site plans for the B&O townhomes project and the downtown hotel and conference center. The latter included modified ingress/egress into and out of the center to try to minimize large truck traffic. The issue of congestion arising from the center on S. Carroll Street as well as E. Patrick, East, and E. All Saints Streets was not raised, to the surprise of many residents. CRG had encouraged a more thorough review and potential conditions for future traffic surrounding the center property as well as less modern designs for both projects, but the HPC and the PC accepted proposed designs for the two developments. City: Galleria Project The HPC agreed that massing, height, size, and design of the multi-story, multi-building Galleria project proposed for 107 E. All Saints Street bordering Carroll Creek has met Level I requirements for the project to move forward. The design incorporates buildings ranging in height from that of the 3-story Delaplaine to 7 stories backing on the City Garage on All Saints Street. The Carroll Creek-facing first story will be retail. Although CRG urged a less modern design, the HPC members praised the developers’ efforts and a Level II review (façade, materials, fenestration) will be scheduled soon. This large complex will also dramatically impact the traffic congestion addressed in the item above. City: Wormans Mill Court Apartments Project On September 5, the Mayor and Board of Aldermen (BoA) discussed rezoning of the Wormans Mill Court Apartments property off Rtes. 15 and 26 opposite Clemson Corner. This development is a complex of 315 units built as ‘affordable’ — the developer's lawyer asserted that $142,000 is 60% of AMI for a family of 4 and that this family could thus qualify for an 'affordable' unit in this complex. It is unclear whether all, or 12.5%, of the units (39) will be built for individuals or families earning less than 60% AMI, as moderately priced dwelling units (MPDUs). The BoA agreed to the rezoning request that would enable residential construction with several conditions, including afforestation, to which the applicant stated that requirement might result in a loss of 50% of the units and make the project financially impractical. Although CRG strongly supports construction of affordable housing, it does agree with the BoA applied conditions. The applicant has 90 days to decide whether to accept or reject the City’s limitations. City Workshop: Ad Hoc Neighborhood Engagement & NAC Committee After nearly 15 months, the mayor and Board of Aldermen (BoA) convened a September 4 workshop, the first since completion of the mayor-appointed commission report, to discuss proposed changes to the current resolution outlining the structure and roles of City Neighborhood Advisory Councils (NACs, https://www.cityoffrederickmd.gov/DocumentCenter/View/21811/NAC-Resolution---081923). NACs were established in 2002 as a City-defined mechanism to increase resident input to City officials and staff. Following substantial pushback on the commission’s recommendations on 1) the most useful and fruitful method for two-way dialog between the NACs and the BoA and mayor and 2) a request that, where a building application has been received for construction in a NAC, that particular NAC be notified on receipt of the application to encourage neighborhood-developer dialog prior to any application approvals. The BoA indicated it would ‘red line’ the proposed recommendations on portions of the recommendations to keep or reject. It appears the ‘status quo’ for the NACs, with small tweaks, may remain in place — disappointing, considering minimal feedback our elected officials provided to these councils in the past several years. City: North Market Street Liquor License Concern An application for a “One Day Promoter Event” was submitted and reviewed by the Frederick County Liquor Board (FCLB) on September 9. The applicant sought a Class C special Promoter’s License to use Carmen's Market to sell alcoholic beverages on three weekend occasions in late October/early November. The applicant’s submission was withdrawn when the Board members found multiple incomplete sections of the request. The applicant can re-apply if he can provide specifics required in the regulations.   This case is a major concern. The property has been listed on the City’s Vacant Property Registration for the past 18 months. At the September 9 FCLB meeting, residents and business owners in surrounding homes and storefronts presented multiple objections based on the property’s previous history of unauthorized 2–3 AM drinking parties in or behind the store, disruptions and violence on N. Market Street associated with the previous business, and the number of patrons to be served. Stay tuned for updates! City: Composting Program On September 18, Jenny Willoughby, City Sustainability Manager, will present data and recommendations to the Mayor and Board of Aldermen regarding the City's ongoing Composting Pilot program, in which residents who receive trash pick-up within the City can also have a bucket of organic/food waste picked up on "trash day." This service is currently free for City residents. More information about the program is available here: https://www.cityoffrederickmd.gov/1591/Residential-Compost-Pilot City leaders are considering funding for the composting program in the 2025 budget, and residents' input could make a big difference. Use the September 18 meeting e-comment feature, or send a comment by email. Let your elected leaders know: What do you enjoy about the composting program?  What improvements would you like to see?  How should the city expand or enhance the program?  County: Development Moratorium Ordinance On August 21, the proposed ordinance for a temporary residential building moratorium based on school capacity was discussed at the County Planning Commission. In a 3–3 vote, the Commission members did not support the proposed moratorium that would temporarily stop residential construction in areas where school capacity exceeded either 120% and 175% capacity, respectively.  As a quasi-judicial meeting, no recommendation was submitted to the County Council for its workshop that followed on August 27. The County Council deliberated for some time with no clear indication of Council member acceptance or rejection of the proposal. Stay tuned as this is a major decision for future residential construction in County areas with severely overcrowded schools! Link to view the Council meeting discussion of the Development Moratorium bill: https://frederick.granicus.com/MediaPlayer.php?view_id=10&clip_id=9942 Go to 1:10 on the slider at the bottom. County: Data Center Update: Bauxite Project for Rowan Data Centers On August 14, the Planning Commission accepted the application for construction of the Doubs sub-station and power lines for the Rowan data center on the Quantum Loophole property near Adamstown. As the first project for the QL campus, this is the first step in ensuring power supply to the many data centers likely for the 2100-acre Eastalco site. Interestingly, the Bauxite-Rowan application indicated that there was existing adequate power already delivered to the proposed sub-station with no additional power needed from the proposed PSEG transmission line currently under review (see below). This first step in development is only the beginning. CRG hopes that the County Executive will quickly submit a revised Critical Data Infrastructure (CDI) Ordinance that was informed by her assembled Data Center Work Group’s recommendations over 2 months ago, as well as input from numerous organizations and individuals. Without a revision to the current CDI Ordinance, all future applications for data centers will be ‘grandfathered’ to the weak requirements of the current regulations, jeopardizing net revenue collections, power and water allocations, stormwater damage to adjacent properties, wells, and creeks, soil contamination from hazardous spills, greenhouse gas limits, and noise impacts on nearby residents. County: Data Centers — MD Tech Council’s Data Center Summit The MD Tech Council hosted the first Data Center Summit at Frederick Community College on August 29, with approximately 340 attendees. The Summit included a keynote address, 5 panels, and a lunch fireside chat over the day-long event. The Summit provided background, current, and future information on data centers proposed for the Eastalco site near Adamstown, including efforts to ameliorate visual and noise issues, power options, expected exponentially growing technologies of the future, and employment in the area. CRG will soon post a summary of the conference, derived from comments of presenters, with possible implications and concerns our members have from comments made by the Summit's invited speakers. Dozens of protesters gathered outside the Summit to make the connection between data centers and the tremendous increases in the need for power and water they bring to communities in which they're built. Some were asking for a pause on data center development in Frederick County until strong ordinances are in place to regulate the industry.   This is a huge issue for County residents in the next several years, so STAY INFORMED. FNP article: https://www.fredericknewspost.com/news/continuing_coverage/quantum_loophole/maryland-data-center-summit-draws-hundreds-aims-to-educate-different-stakeholders/article_21b87de6-07cc-5030-a42b-644f5b2f6231.html Cross-County Transmission Line Project (MPRP) Residents and several elected officials have voiced concerns over the proposed transmission line project from Baltimore County, through Carroll, and ending at the Doubs sub-station in SW Frederick County. Six public meetings have been held with the contractor, the Public Service Enterprise Group (PSEG), to urge, at a minimum, use of existing rights of way (ROW) and question why any additional transmission line construction is needed when the company admits the power will serve data centers in N. Virginia. The threats of property loss through eminent domain seizures, property damage to existing farms and businesses, employment losses for those businesses, and potential negative consequences in businesses relying on agritourism or landscaping underlie resident concerns. CRG and the Fellowship of Scientists and Engineers have reached out to federal officials to urge their possible intervention with the Federal Energy Regulatory Commission to encourage using the existing ROW as well as use of existing power line towers, underground burial, microgrids, or proposed routes from other states as viable and preferred alternatives to the new routes in the PSEG proposal. The Carroll County Council has objected to the plan and on September 4, the Frederick County Council and County Executive drafted similar objections to be sent to MD’s Public Service Commission encouraging re-examination of routes and estimated power needs. County Executive Fitzwater will hold a public forum to discuss the MPRP on October 9. Details below. Additional concerns about costs to residents and local businesses (https://www.fredericknewspost.com/news/continuing_coverage/quantum_loophole/potomac-edison-granted-waiver-to-connect-doubs-substation-with-rowan-data-center/article_d578a843-2a4a-5461-9ddb-cb03fefceaea.html). Preliminary estimates from construction of the proposed transmission lines and delivery to and use of electricity in N. Virginia data centers suggest huge monthly increases in fees to every Frederick County Potomac Edison customer, an unfair outcome as residents and current businesses should not have to assume >90% of the $424M costs to provide power to data centers. Similarly, of the $33M estimated for delivering power to the Rowan data center from the switching station at the Eastalco site, Rowan is only picking up $2.17M. Who pays the rest? The FirstEnergy representative stated, “the $27.3 million for construction of the switching station will be considered ‘network costs’ because they provide ‘network benefits’ the company will seek to recover through transmission rates”, i.e., current residents and businesses. NO! CRG believes that cost allocation should be assessed based on a “those that use more, pay more” calculation.   County: Investing in Workers and Workplaces Plan The Investing in Workers and Workplaces Plan is a joint initiative of the Livable Frederick Planning and Design Office and the Frederick County Division of Economic Opportunity.    According to the County website, the plan seeks to "increase land designated for targeted economic opportunity uses through the review of select growth areas and current land use designations." There is concern among County residents that conservation and preservation area designations will be overturned in favor of commercial or residential development, including opening more land for data center developments.   Livable Frederick and Economic Opportunity staff will host initial outreach meetings for this plan in the coming weeks. It's important to attend at least one meeting to learn what is being planned, and to voice your opinions.   Meetings will be held at the County’s Prospect Center as listed below. The County has indicated that all meetings will contain the same information.   If you have questions about the plan or upcoming meetings, please contact Denis Superczynski, Livable Frederick Planning Manager by calling 301-600-1142 or emailing DSuperczynski@FrederickCountyMD.gov. More info on the County website: https://www.frederickcountymd.gov/8726/Investing-in-Workers-and-Workplaces   Upcoming Meetings & Events City HPC Meeting, Thursday, September 12, City Hall, 6 PM: First discussion of in-fill development at 127 E. 6th St., home of historically important B.F. Winchester and the Winchester family and businesses. City Workshop, Wednesday, September 18, City Hall, 3 PM: Presentation of findings on the City Composting Pilot program. City Meeting, Thursday, September 19, City Hall, 6 PM: Decisions on final Charter Review recommendations County Executive's Community Meeting on MPRP, Wednesday, October 9, 6 PM, Oakdale High School auditorium: Representatives of PSEG will attend the meeting to present information and answer questions from the public. County: Investing in Workers and Workplaces Plan Meetings, Prospect Center, 585 Himes Avenue in Frederick. Three sessions:    Thursday, September 19, 6–8 PM    Wednesday, September 25, 2–4 PM    Wednesday, October 2, 6–8 PM

__________________ See the CRG blog at: responsiblegrowthfrederick.com Contributors: P. Gallagher, S. Jakubczyk, R. Robey, M. Rosensweig, K. Sellner, J. Wagner CRG is a grassroots coalition of Frederick residents who prioritize responsible growth, expanding infrastructure, and a functional natural environment. We advocate for development that accommodates projected population increases while fostering a strong and diverse community fabric and increasing economic opportunities. Our comprehensive approach emphasizes public safety, traffic mitigation, increasing school capacity, and housing for all members of our community. Many Frederick residents want to know — but cannot find — information about how to participate in discussions of important local issues. The City and County generally hold meetings from 3–10 p.m., making it impossible for most of us to attend meetings or weigh in on issues of interest. Our mission with this monthly newsletter is to highlight City and County activities so you can learn more and, with your limited time, weigh in on areas of growth and development, City and County policies, and other local activities. Occasionally, opinions or longer stories will be offered by knowledgeable experts/readers. We welcome suggestions for articles focused on specific topics. Contact Kevin Sellner (kgsellner@gmail.com), Marge Rosensweig (marjorierosensweig@gmail.com), or Steve Jakubczyk (jakubczyksteven@gmail.com) for consideration of your issue. We're on Instagram... follow us!

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