Frederick City and County News of Interest VOL. 2, NO. 9 | SEPTEMBER 5, 2023

Frederick City and County News of Interest

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.
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To our readers:

Last issue, we added a new feature to help readers find more information on the topics discussed in the newsletter, and learn how to reach out to decision makers on issues to express their thoughts. Look for the subheading "WHAT YOU CAN DO" for useful links or suggestions.

The newsletter is organized with dynamic links so you can click the topics listed here, to connect to the specific topics below:
Brick Works Update
City Fees-in lieu
County Schools/City Schools
Data Centers
City Planning Commission & Westridge Development
City ‘Brownfield’ Issues
City Ad Hoc Communication and NAC Engagement Committee
City Charter Review Committee
7th Street Fountain
Form-Based Code (FBC) Update
Downtown Hotel
Public Input via City and County Meetings
Upcoming Events

Brick Works Update
The long-awaited City Planning Commission (PC) public hearing on the Brick Works Master Plan was postponed when time ran short to complete the packed agenda before an 11 PM deadline for beginning a new topic. Although nobody in the hearing room was pleased by the delay, all recognized that this issue requires more than a cursory review. The new hearing date is September 11th at 6 PM at City Hall, and the Brick Works project is the main agenda item.

WHAT YOU CAN DO
We strongly encourage residents and other interested parties to attend the Planning Commission meeting September 11th at 6 PM at City Hall and, if possible, provide public in-person or web-based comments. For the latter, send your comments to Gabrielle Collard (gcollard@cityoffrederick.md.gov) and request they be sent on to the PC members.

City Fees-in lieu
On August 2nd, a City workshop was held to discuss the multiple fee-in lieu (FIL) options the City offers to developers. These fees are paid when a developer chooses NOT to meet the required commitments to schools, parkland, moderately priced dwelling unit (MPDU) construction, and forest conservation. Alderman MacShane criticized the City’s executive for collecting the funds but not allocating them within the documented manner required when the ordinances were established. The most egregious example is the MPDU fund approximating $5M with projected new FILs raising that to $15.5M within a few years. No MPDUs have been built with any of the collected funds since the inception of the program to meet the affordable housing needs of the City.

In this regard, CRG and others are encouraging the City to adopt the new County requirements, which substantially raises the FIL amount, as well as potentially providing ‘gap’ funding (funds needed between property purchase and actual initiation of construction) to aid and encourage current and future MPDU projects. There is some hope for progress as the mayor just announced a new commitment to increase MPDU construction and use collected FIL funds for some gap funding. This is a fantastic opportunity to provide routine affordable/workforce construction for a portion of the estimated 400 MPDUs that are needed to be built annually for our residents working 2–3 jobs, seniors, service staffs, teachers, firefighters, police officers and first-time homeowners.

WHAT YOU CAN DO
Write to Mayor Michael O'Connor and the City Alderpersons to ask the City to use the FIL funds collected already, and to consider adopting similar or the same requirements that the County has adopted for FIL payments.

County Schools/City Schools
The County Planning Commission agreed to the FCPS request for a new Valley Elementary School and Green Valley Elementary School. Although many new schools are needed across the County, these two were accepted and can now move forward. The downside is that the schools are being built for the current number of students and not for future enrollment, which is, in our opinion, very short-sighted. 

For the City of Frederick, in desperate need for new schools, there are none currently being constructed despite the obvious and substantial development happening throughout the City. There are 2 elementary schools on the County’s projected wish list but neither are funded nor have a place to be built. In fact, as providing land for future schools is not required of any past, present, or future development project in the City, even if the County called the City tomorrow and offered to build a school immediately, the answer from this administration would be “thanks, but we do not have a site to put it in.”

This results in the expanded use of portable classrooms and increases in class size, both to the detriment of the quality of education for our children. There is some positive development as the City and County have just agreed to expand communications on City school construction and use of City FILs and Impact Fees for possible future construction. Bottom line, however, is that the LMC needs to be revised as soon as possible so no future housing project could be approved by the City without the developer providing either land or critical funding towards the construction of a school.

Data Centers
In a stunning decision, MD’s Public Service Commission (PSC) rejected Aligned Data Center’s choice of Emergency Power. Align is the first data center corporation on the Quantum Loophole (QL) Eastalco center campus and as the initial corporation building a data center, sets precedents for future data center construction and operations at the 2100-acre site. The Aligned Data Centers application was seeking an exemption from the Certificate of Public Convenience and Necessity (CPCN) process to construct 168 diesel generators for 504 MW of center backup power. As a must-run facility, Aligned Data Centers cannot proceed without emergency backup generation and diesel generators were the standard, high emission solution. The decision puts other corporations on notice that high emission, noisy diesel generators are not acceptable, at least at this point, and are not in accord with MD’s environmental regulations and goals. 

The PSC directed Aligned to the CPCN process if it wants to continue applying to install its 168 generators. The CPCN process includes a mandatory public hearing and would take nine to 12 months to complete, altering Aligned's schedules substantially. The PSC decision, however, has just been challenged by Align, with the corporation seeking a rehearing with technical details on likely emissions as well as plans to minimize the emissions, small as they may be, by purchasing Renewable Energy Certificates (RECs) that ensure energy from renewable sources. Letters supporting their plans were submitted from the governor, state and city departments of commerce, multiple trade unions, several tech companies and organizations, four state delegates from District 4, and a PHX Math and Science program leader. Most of the supporting letters focused on the revenue to be gained from data center operations, ignoring PSC’s obligation to examine environmental impacts of a proposed project.

Alternatives to diesel generators are gas turbine generators, which will require a gas pipeline, a utility scale battery, fuel cells, and biofuels for diesels. Potomac Edison may not legally supply any of these alternatives due to MD law that a utility may transmit power, or it may generate power, but not both.  So alternative emergency generation would have to be owned and operated by Aligned, QL, or a third party. This is a huge development resulting in a recent Datacenter Dynamics industry news article under the title, Maryland puts a knife into data center diesels (https://www.datacenterdynamics.com/en/opinions/maryland-puts-a-knife-into-data-center-diesels/).

In another development, the County’s Data Center Work Group (DCWG) held a public meeting at Adamstown’s Carroll Manor Elementary School on August 30. Four groups presented extended comments on technical details for the DCWG members to consider as they decide on revisions to the current general Critical Data Infrastructure (CDI) ordinance (https://www.frederickcountymd.gov/8544/Data-Centers-Workgroup). After the lengthy presentations from these groups, DCWG members posed questions to the speakers, followed later by extensive public comment, mostly from Adamstown residents as well as members of the International Brotherhood of Electrical workers (reminding attendees of the continuous work their members do during construction and operations). Everyone present supported construction of the data centers (County and state ‘done deals’) but strongly encouraged the DCWG to establish rigorous and enforceable construction and operation requirements. Focus areas included water use and stormwater concerns, hazardous chemicals and cleanup, electricity demand and impacts on other users during power failures, data center sprawl beyond the Eastalco site, and the extreme noise likely from 500–1000 diesel generators that centers might employ during power interruptions. Multiple requests were made to require escrow, bonds, or other financial options for corporation protection of neighbors, floodplain, creeks, soils, and groundwaters. In the next meetings, DCWG members will seek outside independent experts for additional technical details/clarification and CRG and many others are hopeful that members will receive a detailed summary of tax breaks given to the center corporations, revenues to be collected from corporations, and how those revenues will be used for County activities.

WHAT YOU CAN DO
Attend or watch the Data Center Work Group meetings and offer your thoughts to the Work Group on data center development. https://www.frederickcountymd.gov/8544/Data-Centers-Workgroup

City Planning Commission & Westridge Development
On August 14th, the City Planning Commission voted to allow the multi-family construction at the Westridge property on the Golden Mile. Several neighborhood residents objected to the multi-family building(s) and lack of parkland, the latter addressed with a condition to allocate parkland FIL funds to upgrade the neighborhood park. However, considering the City commitment to shifting the use of the dying mall property to housing in its 2020 Comprehensive Plan, the planned construction will hopefully meet some of the City’s huge housing needs, as well as revitalizing that portion of the Golden Mile.

City ‘Brownfield’ Issues
The proposed development at the Brick Works site at East and South Street has led to substantial resident concerns regarding new residential construction on City sites contaminated with compounds that threaten public health and safety. The Brick Works site is contaminated with 6 materials exceeding Maryland Department of the Environment (MDE) residential and federal cleanup standards, warranting substantial mitigation prior to any development. The City has washed its hands of this issue and claims that concern for contamination and the protection of the health and safety of its residents is not their part of their job description, falling back on the absence of specific language in the Land Management Code (LMC) on environmental pollutants. This is despite language in the LMC directing the Planning Department and City to protect public health and safety. In an on-going investigation, CRG has identified additional ‘brownfield’ conditions in the site adjacent to the Delaplaine and East Street, the parking lot adjacent to the City tourist bureau, and along Carroll Creek where the Wayside Apartments will be built. 

CRG suggests City Land Management Code revision
To minimize future threats to residents and on-site workers from toxic soils and waters, CRG has provided City Alderpersons a revision to the LMC (Sec. 722) that would require an initial survey of historical land uses on a site, and if:  

1) manufacturing, industry, or waste disposal were located therein, the developer would be required to monitor the site for toxic contaminants in the soils and surface and groundwaters; and
2) if concentrations of various materials exceeded MDE or federal standards, the developer would have to mitigate the site to either remove or reduce contaminant concentrations to levels that cannot induce illness or cause long-term health issues for future users of the lands or buildings.

EPA grant monies unused?
Another concern is the absence of any progress on a $300,000 grant received in October 2021 from EPA to identify, assess, and develop mitigation strategies for City ‘brownfields’. Had the City initiated the grant on receipt of federal funds, perhaps the soil contaminant issue at Brick Works and the other City sites would have been avoided.

City Ad Hoc Communication and NAC Engagement Committee
The Committee has completed its 5–month deliberations and is drafting a final resolution for the Board of Aldermen (BoA) and Mayor for review and adoption. Major components include: maintaining the current 10–12 NACs; establishing a NAC Liaison Group from the NACs for, at a minimum, direct 2-way communication with the BoA and Mayor on resident/neighborhood issues each quarter; including NAC representatives in City development considerations (the City’s Development Review Conference) prior to any permits being issued; and requiring presentations from a developer and City staff to an affected NAC for proposed development within that NAC prior to any City permits are awarded.

WHAT YOU CAN DO
A presentation from the Committee is scheduled for September 6th at 1 PM at City Hall and residents interested in greater roles in City governance and growth are encouraged to attend, as well as volunteer to serve as NAC coordinators.

City Charter Review Committee
The Committee is developing its final recommendations for consideration by the Board of Aldermen (BoA) and Mayor in late September. Substantial suggested revisions to City government are expected for structure (distinct and empowered legislative branch with operation and legal staff), districts, voter and candidate eligibility, election timing, and election processes in primaries and the general election.

WHAT YOU CAN DO
The recommendations could dramatically change our charter form of government, so resident input is critical as the Committee’s recommendations are discussed in workshops and hearings this fall.

7th Street Fountain
CRG congratulates the Downtown Frederick Partnership (DFP) and African American History, Heritage, and Culture Society (AARCH) for their decisions on renovations to the park surrounding the fountain at 7th and Market Street (https://cityoffrederick.granicus.com/MetaViewer.php?view_id=12&clip_id=5663&meta_id=147261). A metal sculpture is to be included in the redesign (pp. 17–21, 24, 25), memorializing the African American community members, history, and culture in the Laboring Sons Park on E. 5^th Street. This is a wonderful addition to the gateway to the historic district of the City. Thank you!

Form-Based Code (FBC) Update
According to several reports regarding the implementation of the well-researched and vetted FBC, a decision may have been made to not move the initiative forward. If so, that would negate the investment of substantial City funds to the consultant group, resident participation in the charrettes in the past year, along with the time dedicated by City staff. CRG asks for an official announcement from the City regarding FBC and its future, and not a gradual decrease in actions until the initiative disappears from the planning landscape.

WHAT YOU CAN DO
Ask City leadership to announce what its plans are for implementation of Form-Based Code.

Downtown Hotel
The overdue Downtown Hotel and Conference Center has hit another snag as the developer chosen by the City has requested $23.5M from the City to make project financials work. CRG wonders whether the hotel was accurately conceptualized from the beginning and questions whether additional City tax revenues should be utilized for a private enterprise. Interestingly, one version of the Brick Works Master Plan includes a hotel in one of its 4 land bays which might indicate it as a better location for a first-class hotel and conference center. Regardless, CRG suggests that the City rethink the downtown hotel effort, perhaps with new plans, new proposals, and new bids from new developers who are properly funded to construct a hotel in another location. 

Public Input via City and County Meetings
The leaders of both the City of Frederick and Frederick County assert a commitment to listening to (and hearing from) residents so they can help in guiding development and addressing issues of concern to all. We at CRG agree wholeheartedly that resident input is important and, to the extent possible, we encourage friends and neighbors to be involved in all the opportunities for public comment. At the same time, we are concerned that current scheduling practices and agenda setting are not conducive to garnering the input the City and County say they want and need; and we question whether the “opportunities” for public comment (at least in some instances) are more a “let’s check this box” exercise than an earnest effort to engage residents and gain critical insights that can/should be factored into planning and development considerations.

A few recent examples highlight our concerns:
Conflicting schedules: It is in the best interest of everyone if City and County staff (all or most of whom likely know the “hot” issues in a neighborhood) can plan meetings that do not conflict. 

• On August 14th, the City Planning Commission (PC) held a hearing on the Master Plan/rezoning of Westridge shopping center to accommodate both multi-family buildings and townhouses. 
• At the same time, the County held a meeting regarding placement of a library that west side residents have long wanted. Residents were faced with a dilemma that need not have occurred. 

Agenda-setting: Many public meetings take place in the evening (often starting at the dinner hour and continuing for several hours). We are aware that codes and regulations define the schedule of board and commission (as well as ad hoc) meetings, yet CRG questions whether constructing overly full agendas serves anyone—City staff, commissioners, residents, or applicants. Each agenda item requires (or should require) concentrated attention and ample opportunity for discussion. When agendas are too long, attention can suffer with less optimal results. For example:

• On August 14th, the PC agenda was 10 items long, several requiring extensive (and anticipated) discussion—especially the Westridge rezoning (noted above) and the Master Plan approval for the Brick Works. After 3½ hours had elapsed, a decision was made by the PC chairperson to move the Brick Works discussion to a subsequent hearing, disappointing all attendees (including the developers). CRG appreciates the decision to delay the hearing until September 11th and we are assured that there will be ample time to share all perspectives. On the other hand, we find it disappointing that this over-long agenda was even planned, given the nature of the issues under discussion. 
• On August 21st, the Planning Department held its monthly “Citywide Planning Department Community Outreach meeting.” On the agenda? Nineteen items! https://cityoffrederick.granicus.com/player/clip/5655?view_id=12&meta_id=146994&redirect=true&h=ef41884734f5977a1a2df1cb0430d324. While we understand that summer schedules might have contributed to an increase in agenda items for this meeting, CRG is dismayed that this is characterized as a “Presentation” in the agenda (rather than a discussion with the developers, who are not required to attend these meetings) and by the limited time allocated to each item. We are especially concerned that these City-wide meetings are being held in place of the former NAC/developer meetings which were shelved during the Covid pandemic and were to be reinstated once in-person public meetings were available — a preference of residents and, in fact, the BoA.

Upcoming Events
City Ad Hoc Communication and NAC Engagement Workshop, September 6, 1 PM, City Hall.
City Charter Review Committee meeting, September 7, 1 PM, City Hall.
City Planning Committee Brick Works Hearing, September 11, 6 PM, City Hall.
County Senior Services Advisory Board listening sessions to pass issues on to the County Executive:

• September 12, 6:30 PM, Mt. Pleasant Ruritan Club, 8101 Crum Road, Walkersville
• September 15, 1:30 PM, Emmitsburg Senior Center, 300 S. Seton Avenue, Emmitsburg
• September 22, 1:30 PM, Frederick Sr. Center, 1440 Taney Avenue, Frederick
• September 27, 1:30 PM, Urbana Sr. Center, 9020 Amelung Street, Urbana
• September 28, online (register at virtualseniorcenter@frederickcountymd.gov)

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See the CRG blog at: responsiblegrowthfrederick.com

Contributors: P. Gallagher, S. Jakubczyk, E. Law, G. Petersen, R. Robey, M. Rosensweig, K. Sellner, S. Sellner

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.