Frederick City and County News of Interest VOL. 4, NO. 5 | May 19, 2025

VOL. 4, NO. 5  |  May 19, 2025 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: All Politics is Local (sort of) City: Historic Preservation Commission — 127 E. 6th Street, Frederick City/County: Affordable Housing County: Investing in Workers and Workplaces Workshop County: Critical Data Infrastructure (CDI) Legislation County: A New Player in the County — Amazon County: MPRP Update County: Recently Adopted State Laws Relevant to Frederick, Passed by the Legislature & Signed by the Governor County/City: Climate Planning Upcoming Meetings & Events ______________ City: All Politics is Local (sort of) While we all struggle with whether/how the many changes at the federal level will impact us, it is important to note that what happens locally will go a long way in determining the quality of our day-to-day lives. In that regard and since the last recap in our April newsletter there have been a few additions to the list of candidates, including some with * after their names, who have indicated that they are running but are not reflected on the City’s website candidate list: Mayor: Ron Beattie (D) has entered the race and will challenge incumbent Michael O’Connor (D) for the democratic nomination, assuring a stimulating discussion of the issues and concerns facing the City and its future. There is, currently, no Republican or Independent candidate. City Council: At Large: Three candidates, Libby Taylor (D), Katie Nash (D)* and Kelly Russell (D), both incumbent council members, are candidates for the at-large seats. No Republican or Independent candidates have entered the race. District 1: There is no candidate registered. District 2: Cesar Diaz (D) has entered the race. There are no Republican or Independent candidates. District 3: Two Democratic candidates have registered, Peter Brehm and David Schmidt. Derek Shackleford (D)* is an incumbent councilmember and expected candidate. There are no Republican or Independent candidates to date. District 4: Joe Adkins (R) has filed to represent this district. Two other individuals have expressed interest in running for the Democratic nomination but have not yet registered. District 5: Sara Hempel Irani (D) is registered for this district. There are no Republican or Independent candidates. This link displays all candidates who have officially registered as of May 19 (www.cityoffrederickmd.gov/1786/2025-Mayoral-and-City-Council-Candidates). Hopefully, it will be updated frequently to apprise residents of additional candidates. This link connects to the district maps (www.cityoffrederickmd.gov/1805/District-Maps), just in case you’re thinking of running or know someone who would be a great candidate! Click on each map; it will show up on your computer expanded sufficiently for you to see the exact boundaries of, and streets within, the district. Important dates: Last day to register as a candidate: July 1st Primary Election: Early Voting August 22 and 23; Primary Day September 9 General Election: Early Voting October 24 and 25; Election Day November 4 City: Historic Preservation Commission — 127 E. 6th Street, Frederick In a disappointing decision on April 24, the Historic Preservation Commission (HPC) voted to allow demolition of the Winchester House and its barn/stable largely due to concerns over public safety of tenants in the primary structure. CRG strongly applauds the 9-month effort by Jim Wagner and his neighbors in delving into all aspects of the history of the property and providing fact-based justifications for saving and then rehabilitating the structures. As contributing structures, CRG is concerned for the precedent now in place for future HPC decisions in which acknowledged history is overruled by new development opportunities in our historic City. Efforts now will have to concentrate on reviewing the proposed infill development’s compliance with Historic District Guidelines. City/County: Affordable Housing Ongoing consideration of ways to expand affordable housing options in Frederick City/County were featured at several discussions/events during April. These events included the City Council Housing, Health, and Education (HHE) committee's focus on the status of the City’s MPDU and ADU ordinances, and a home-buying assistance workshop sponsored by Housing Frederick (in partnership with the Frederick County Association of Realtors). Additionally, a luncheon on April 29th under the Enterprise Community Partners' Faith Based Development Initiative was held at the Trinity United Methodist Church. Pastor Joseph Williams from Washington, DC encouraged a collaborative religious institution effort to provide affordable housing in some portion of the 196 County religious properties where underused church, synagogue, or mosque properties can be renovated to provide the desperately needed housing for the area. The effort has been extremely successful in multiple communities and CRG hopes that similar success will follow here in the County. Moderately Priced Dwelling Units (MPDUs) Extensive discussion at the April 17th meeting of the HHE committee revealed a lack of clarity among staff and council members about the purpose of the MPDU program. This followed presentation of data documenting a relatively small expenditure (approximately $350,000) of City Housing funds during FY25, with none allocated to construction of MPDUs ($4 million was spent on MPDU development in FY24) and the expectation of a similar amount in FY26. Council members noted that the purpose of the City Housing Fund (“fed” by developers’ Fees-in-Lieu [FIL] that provides 12.5% of the housing stock in the planned community) is to be used for the “development, preservation, and operation of affordable housing within the City.” Given that no FY25 MPDU funds were used for this purpose, council members opined that there appears to be no formal plan or outreach/solicitation process for this purpose. While there are low- and moderate-income developments in early stages, they are not mixed income communities, which the 12.5% MPDU construction assures. A review of the 74 projects (with 5,100+ units) in the development pipeline dashboard (i.e., a list of approved or planned [mostly residential] projects that have not yet received permits) shows very few developers plan to include MPDUs in their communities (https://cof.maps.arcgis.com/apps/dashboards/584b77d84aac4d8b8fd37b738a9e0f1d). We note that several proposed/planned developments are not subject to this ordinance due to size (i.e., fewer than 25 units), pre-2007 exemption, or other factors, and the MPDU-required status of several others is not provided in the pipeline documents. However, of the projects that do indicate an intention to utilize the FIL option, more than 650 MPDUs could — theoretically — be constructed. Accessible Dwelling Units When passed, the Accessory Dwelling Unit (ADU) Ordinance was intended to provide flexible and affordable living spaces for City residents. Since its passage, City Planning staff have found — and are brainstorming ways to address — several barriers to ADU development (particularly detached units). Staff also seek ways to promote the ADU concept. Among the key barriers are parking, limitations on square footage, and owner occupancy of one of the units on the property. Parking: Currently, the Ordinance requires that “If the parking serving the primary residence on the lot is less than or equal to the minimum required parking per Table 607-1 of this LMC, one additional parking space must be provided.” (Section 802 (c)(1)B) Council members and staff discussed several options to this provision, namely eliminating the parking requirement entirely and/or eliminating the requirement in transportation option areas, e.g., in proximity to a bus stop. Questions were asked about “proximity” and whether it is a specific distance or actual accessibility (e.g., continuous sidewalks, pedestrian crossings, etc.). The discussants expressed a preference for multiple, or a combination of, options.   Square footage: The ordinance specifies 800 sq. ft. as the maximum for a newly built (or existing/expanded building separate from the primary residence). The problem is where an existing building is already at the maximum square footage. Staff advised that the purpose of the limitation is to assure that the ADU remains subordinate (and proportional) to the existing principal residential structure. Options to address this problem include eliminating the limitation for an existing structure but retaining it for a new structure or increasing the size limitation. When asked why the 800 sq. ft. size was determined originally, staff explained that it was based on the County's school impact fee for structures over that size. Staff recommends that square footage use proportionality in size and that a greater than/less than calculation might be the standard. Owner Occupancy: The Ordinance requires that the homeowner reside in either the principal or accessory dwelling. Given the passage of the City’s rental license ordinance, it might be possible to eliminate this requirement as the City now has oversight control of rental properties. Council members asked that staff return with recommended options to address the barriers discussed. Home Buying Assistance On April 10, Housing Frederick (in partnership with the Frederick County Association of Realtors) held a home buying assistance workshop. The session was geared to new, moderate income home buyers in the City and County. Presenters included representatives from Frederick County, Frederick City, United Way, Habitat for Humanity, the State Employees Credit Union, and a private lender. The speakers informed prospective buyers about ways to buy their first home, including possibilities to obtain zero interest loans for closing costs and money for a down payment. Some of these funds might not have to be repaid if specified criteria are met. Additionally, there were some lenders who would accept housing authority vouchers in the buyer's income calculation. A note: For those of us who remember the 2008 housing bubble, when many families lost their homes due to the unrestrained lending programs that encouraged folks to obligate themselves to mortgages far beyond their ability to pay, CRG hopes Housing Frederick and its partners keep this cautionary tale in mind! County: Investing in Workers and Workplaces Workshop On April 16, the County Planning Department discussed with the Planning Commission a comprehensive outline of a plan to be produced from 2024–2025 meetings of the Investing in Workers and Workplaces Advisory Group (IW2). The plan’s focus is to identify possibilities to increase economic growth in the County with content largely driven by the Advisory Group’s business and developer members, ideally yielding specific geographic areas to be rezoned for businesses, industry, and innovative new technologies such as the life sciences (see www.frederickcountymd.gov/ArchiveCenter/ViewFile/Item/15773). A primary goal for developing new commercial land uses is to reduce tax burdens on residential properties. Planning Commission members were generally supportive of the effort, but several comments from the public argued that the Livable Frederick Master Plan actually provides the visions and goals of the IW2 and that any report should serve to implement specific initiatives of the Master Plan. County: Critical Data Infrastructure (CDI) Legislation In a surprise agreement, the County Executive and County Council reached a compromise on data center siting in the County, largely limiting centers to the 2200 acre Eastalco site currently under development and another approximately 1800 acres in nearby areas (see www.frederickcountymd.gov/CivicAlerts.aspx?AID=5555). CRG congratulates our officials on this compromise, alleviating extreme resident frustration over possible data center sprawl, as in northern Virginia. At the Council meeting that followed, however, deep divisions were evident, as protections for residents and the natural environment were sought by Councilmen McKay and Donald vs. the apparent ‘trust the industry’ approach of members Knapp, Young, Carter, Keegan-Ayer, and Duckett. The most notable rejected McKay amendments included taking noise and vibration assessments before data center buildout, followed by measurements with all equipment in place but prior to occupancy, with 6-month checks thereafter (the Knapp/Young bill includes only tests every 2 years);  measurements during emergency power outages when all backup generators would be operating (this would be deafening noise levels from perhaps >1000 diesel generators when the entire acreage is built out); and data center development adjacent to residential areas. A major concern is the need to require noise abatement for the low, continuous hum from routine operations of mechanical and electrical equipment in the centers, ignored by the Council majority but a vexing problem in northern Virginia for residents adjacent to data centers. Water use, a major need for data center cooling, and recommended for inclusion in the Knapp/Young Ordinance by the County Planning Commission on April 16, was not addressed, nor was requiring an escrow account by the data center corporations that would reimburse neighbors for loss of well water quality or volumes (or damages from data center stormwater runoff/flooding). CRG remains deeply concerned that with the lengthy time required for Council decisions to protect water availability for all users, or focus on enacting sustainability requirements for our new data center neighbors, new applicants may be accepted with inadequate regulations in place for these protections, thereby grandfathering in only limited protections for our current and future residents and other businesses. Whatever regulations are in place once a data center’s site plan is accepted, the County cannot apply new regulations that would negate what was in place at the time of site plan acceptance. The Council will vote on the proposed CDI Ordinance on Tuesday, May 20. Link to the Ordinance as amended: https://frederickcountymd.gov/DocumentCenter/View/356185/052025---AMENDED-Bill-No-25-05---Siting-Requirements-to-Apply-to-Critical-Digital-Infrastructure-Facilities County: A New Player in the County — Amazon As part of the Rowan data center campus at the 2100 acre Eastalco site near Adamstown, Amazon Web Services has submitted an application to the MD Department of the Environment (MDE) for a permit for 99 diesel generators for its new center’s backup power (https://www.fredericknewspost.com/news/environment/climate/amazon-seeks-permit-to-construct-99-diesel-generators-for-data-center-in-frederick-county/). MDE is evaluating the applications for emissions from the proposed diesel units. In a community meeting held at the Carroll Manor Elementary School on April 24, a Rowan and an MDE spokesperson provided background of the application. Enlightening but disappointing is the fact that each data center is reviewed independently for meeting emission limits rather than a review of cumulative emissions from all centers in the Eastalco site; the latter approach would certainly fail existing limits. Maybe CRG will push for this aggregated emissions impact review in next year’s state legislature! County: MPRP Update More than 100 Maryland landowners are being taken to federal court by energy giant PSEG. Their goal? To force access onto private land in Carroll, Frederick, and Washington Counties for a massive transmission line project (the Maryland Piedmont Reliability Project, or MPRP) — not to benefit Marylanders, but to power data centers in our neighboring state, Virginia. PSEG is seeking access to properties to survey and conduct environmental impact studies required to obtain permission to build from the MD Public Service Commission. Residents and local governments alike have opposed the transmission line project, yet families were given just 7 business days to respond to this legal assault. In response, the Tri-County Coalition — a network of local organizations and small businesses — has rallied to fight back. They have secured attorney Susan Euteneuer of PK Law, a Maryland-based legal expert with a strong track record in corporate and environmental law and the current President of the Maryland Farm Bureau. Euteneuer understands what’s at stake for our farmers, our families, and our futures — and she’s ready to lead the charge. The PSEG effort may be the first in many legal maneuvers. Individuals who wish to do so can contribute to the legal fund at https://gofund.me/a0ad5176. 100% of donations will go toward legal fees to defend Frederick County land and rights in federal court. Any remaining funds will support continued efforts to Stop the Maryland Piedmont Reliability Project. County: Recently Adopted State Laws Relevant to Frederick, Passed by the Legislature & Signed by the Governor There was a flurry of power- and data center-related bills in the General Assembly this year. The Maryland Office of People’s Council (OPC) identified and monitored 134 bills, including cross-filed bills. To find coverage of these bills go to https://opc.maryland.gov/Publications/Legislation. Data Center Study Bill – SB116/HB270 — Senator Karen Lewis Young- and Delegate Crosby-sponsored bill to study environmental, energy, and economic impacts of data centers as they may apply to Maryland. The committee will be headed by the Department of Legal Services and will include members from MDE, MEA, and the University of Maryland School of Business. Additional agencies will be asked to provide input as needed. The final report is due to the General Assembly and the Governor by Sept. 1, 2026. Next Generation Energy Act — SB 937/HB1035 — Legislative Leadership Bill — The bill includes a fast-track process to build gas generation plants next to data centers (co-location) but also requires utilities to set unique rates for large energy users (100 megawatts or greater). In addition, the bill requires a large load customer to cover the just and reasonable costs associated with any electric transmission distribution system buildout and protects ratepayers by making data centers commit to long-term agreements. County/City: Climate Planning The City and County have launched an effort called the Climate & Energy Action Plan (CEAP). The CEAP will map out where our community is at risk, document what we are doing that contributes to the problems, and identify actions we can take to tackle these issues. It will provide a guide for how we can work together to reduce greenhouse gas emissions (GHG) and prepare for the impacts a changing climate may have on our people, natural resources, businesses, and infrastructure. The CEAP is a data-driven project built in partnership with stakeholders, based on scientific research, and responsive to feedback from our residents.  Learn more at this link: https://www.frederickcountymd.gov/8888/Climate-Energy-Action-Plan-for-the-Commu Upcoming Meetings & Events County Council, May 20, Winchester Hall, 5:30 PM – vote by the Council on the County’s revised CDI Ordinance County/City Community Meetings re: Climate & Energy Action Plan — see meetings calendar for meetings around the county here: https://www.frederickcountymd.gov/calendar.aspx?CID=91

__________________ See the CRG blog at: responsiblegrowthfrederick.com Contributors: P. Gallagher, S. Jakubczyk, E. Law, 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!