Frederick City and County News of Interest VOL. 2, NO. 2 January 29 2023

1. Sustainable Growth and School Capacity
2. Critical Digital Infrastructure
3. East Street: Brickworks Town Center, Form-based Code, and other
   Properties
4. Climate Update
5. Street Safety
6. BYOB Update
7. City Charter Review
8. VPRO (Vacant Property Ordinance) Update
   
9. West Side Library Progress?
   
10. Ft. Detrick Update
    
11. Sugarloaf Update — Overlay Zoning Ordinance
    
12. NAC Revitalization
13. Single-use Plastic Bags
14. Upcoming Events

Citizens for Responsible Growth (CRG) is a grassroots coalition of Frederick residents who strongly favor development to accommodate the projected increase in the County’s and City’s population, but want to ensure it is undertaken in a way that considers the cumulative impact on our infrastructure, i.e., housing (market-driven and affordable/workforce), green space, schools, traffic, and the environment. Current practice is to consider each project as it — alone — affects its immediate surroundings. We contend that each project must be considered as an integral part of multiple land uses that work together to protect public safety, provide accommodation, minimize congestion, and guarantee easy access to a functional natural environment that surrounds our built and arable lands.
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Sustainable Growth and School Capacity

We reflect on 2004 to note that the Frederick County school capacity situation of today looks a lot like it did “way back then.” In its January 24 “Yesterday” column, the Frederick News Post quoted a response from then-County Commissioner Jan Gardner to the governor’s 2004 trimmed capital budget which would negatively impact schools. Gardner said, “It’s pretty bleak, no matter how you look at it,” and “it’s excessively bleak if we don’t moderate growth.” CRG applauds residential development to accommodate increasing population growth (ideally with a major commitment to affordable/workforce housing) while we vigorously advocate for adequate schools to meet that increase. The State Education Department just published data (Frederick News Post, June 27, 2023) indicating that the County’s student enrollment has increased 10% in the last 5 years, the fastest in the state, well over Carroll County at 2.4%. Where will we put them? Currently, 24 of 42 elementary schools are “closed for transfers” next year, meaning they are at 95% or more of the state-rated capacity. Elementary schools are at anywhere from 74–170% of capacity. Six of 18 middle schools are “closed for transfers” as are 6 of 12 high schools. These data notwithstanding, there are no plans for additional schools which, as we learned at the January 23 District 4 budget meeting, can take 10 years from planning to accepting students. As well, we are concerned that the City continues to allow developers to pay school mitigation fees or school construction mitigation fees (a lower fee) as an alternative to waiting for adequate school capacity or developer payment for a school addition or construction of a new school to address the clearly significant need. We urge readers to follow development applications and commitments to building schools and meeting the huge demand we now face—and will face as more residential developments come online. 

Critical Digital Infrastructure

The Eastalco site north of Adamstown has been purchased by Quantum MD LLC with 27 parcels over 2100 acres committed to construction of massive digital data centers. The company and several other firms have additional parcels surrounding the site and have a right-of-way for construction of data fiber conduits from Virginia to the property. Details for electricity supply, potable and cooling water delivery and treatment following Center use, as well as minimizing stormwater impacts, are under review by the County and State. Discussions with Quantum staff, County officials and staff, and residents are on-going to safeguard local communities, natural resources, and public water supplies with possible amendments to the recently passed County Critical Digital Infrastructure Bill under consideration. Stay tuned for updates on progress in responsibly protecting our County’s lands, communities, and public utilities.

East Street: Brickworks Town Center, Form-based Code, and other
Properties

On January 17, the largest development ever proposed for the City, had an initial screening at City Hall in a community-wide meeting. The new construction would include 1260 units, 130,000 sq ft commercial area, and a hotel in the 61+ acre site at East Street and South Street. The developers describe it as a ‘town center’ similar to large modern complexes in Annapolis and Columbia. Nearby residents and a commercial firm adjacent to the property agreed that development at the former Brickworks property should occur, BUT:

• any new development should include substantial affordable/workforce housing (re-emphasizedin the January 23 District 4 budget meeting) for cash-limited younger residents and members of the ALICE community.

• there does not appear to be a well-conceived traffic plan for the 1260–3000 new vehicles that would enter that area, and

• Frederick’s town center is already defined by historical architecture, small businesses,and walkability in our City-identified historic district. It is to this existing downtown that visitors are/should be drawn. Any new structures or businesses at the proposed project will have to exclude potential competitors to our existing town center.

CRG strongly advocates developing form-based code as the guidance for new construction along East Street from Monocacy Boulevard to N. Market Street. At a minimum, the City should require form-based code attributes, with or without City adoption of the code, in the Brickworks designs. Bottom line and concern: The current concept for the project is likely to dictate the future East Street vision, putting the “cart (i.e., Brickworks Town Center) before the horse (form-based code)".

Additionally, there was considerable bewilderment about how City staff could have moved forward the huge development at the entrance to the East Street Corridor (and a Gateway to historic Frederick) while, at the same time, working with a consultant and informed by multiple resident, business, and NGO-populated charrettes to define a form-based building code for the design of the corridor’s architecture and accompanying traffic network. There’s a similar anxiety for possible new construction at two other East Street properties before the form-based code is enacted, with demolitions proposed for the Roads and Rails Museum and the large home owned by the MD School for the Deaf adjacent to The Showroom-Rockwell microbrewery lot. Demolition followed by what? Wouldn’t it be better if new construction waited for adoption of the imminent form-based code for the corridor? Make sure to get involved in reviewing the soon-to-be proposed form-based code and Planning Commission meetings focusing on these properties.

Climate Update

On January 19, the City Board of Aldermen unanimously adopted a resolution supporting a City commitment to reducing greenhouse gas (GHG) emissions and building infrastructure resilience to our new climate. The resolution was a result of a City- and County-requested report listing recommendations for improving public health, ensuring long-lasting infrastructure for the climate’s extremes, and adopting strategies to lower releases of carbon dioxide, methane, nitrous oxide, and other GHGs. The City has moved forward with several initial efforts including purchasing electric vehicles, installing EV charging stations, setting up a Greenbank, and placing solar panels on carports at the new police headquarters. It’s hoped that all future major City policies will be adopted through the lens of climate change, perhaps starting with the Brickworks Town Center and form-based code!

Street Safety

Senator Karen Lewis-Young and Delegate Chris Fair have been very active in their first two weeks of the session, submitting clarifying language for use of speed monitoring systems (ideally speed cameras) in all municipalities anywhere officials elect. Excessive speed on City and County streets has become routine during the pandemic, with little enforcement of speeds in urban and suburban areas. Hence, there is a need to deploy speed cameras for ticketing the most egregious offenders. Whether our officials and officers agree to deploy and issue citations remains to be seen even with possible adoption of the legislation as there has been resistance to this approach for several years. The Street Safety Gang looks forward to continuing to work with the City to monitor and slow the speed of traffic throughout our streets and neighborhoods. Some progress has occurred. For example, street striping has been installed on some Kidwiler neighborhood streets, to be completed in the spring. The effort has been met with mixed reviews. Making the travel lanes narrower does slow the speeds of most opposing traveling cars, but it has less impact on unopposed drivers traveling down the middle of the street. We will continue to advocate for traffic calming measures and will support Senator Karen Lewis-Young's bill calling for Speed Cameras. We welcome all interest in our efforts.

BYOB Update

Our State Delegation has been supportive of citizen-led efforts to ensure safety on our streets after dark which has been jeopardized by unregulated BYOB establishments. Currently a draft legislative proposal is being developed in Annapolis led by the efforts of Delegate Kris Fair and supported by State Senator Karen Lewis-Young. A minimum goal is to establish some sort of oversight agency along with a reset of hours of operation and staff training requirements like those existing for craft breweries and distilleries. Recall that multiple shooting incidents, one fatal, several knifings, along with 2–4 AM street parties, noise, and destruction of private property typified N. Market Street and cross streets from last summer through late fall. Only the colder winter weather has slowed the mayhem created in large part by this lack of regulation and enforcement. Currently the City has chosen not to take a position on supporting this initiative even though public safety is the prime directive of any form of government and is embedded in the City Charter and Strategic Plan. Hopefully, the positive actions taken by Frederick's representatives in the state delegation, with or without adoption of the legislation, will help inspire our local officials to elevate their efforts and fulfill their obligations on this critical safety and public

City Charter Review

 The Mayor has established an 11-member Charter Review Committee to review and potentially revise the City’s charter, last adopted in 2013. The committee will meet at City Hall the first and third Thursday of each month and public comment is encouraged. The charter details election rules and dates, responsibilities of elected officials, processes for policy adoption and implementation, oversight responsibilities of staff as well as important issues such as possible districting for the City Board of Aldermen and open primaries. The first in-depth meetings will focus on Sections II Board of Aldermen and III Mayor, critical to checks and balances in City government. Go to https://www.mdmunicipal.org/DocumentCenter/View/102/frederick?bidId=  to review the charter and https://cityoffrederickmd.gov/ CivicAlerts.aspx?AID=7123 for the goals of the committee. The charter defines City governance and operations for 10–20 years so PLEASE provide ideas over the next 6 months!

VPRO (Vacant Property Ordinance) Update

 In 2020, the City of Frederick enacted a vacant property ordinance “…to reduce blight by encouraging property owners to sell, lease or occupy vacant structures; to ensure that owners of vacant properties are known to the City and other interested parties and can be reached if necessary; to ensure that owners of vacant properties are aware of the obligations of ownership under relevant codes and regulations; and to ensure that owners meet minimum standards of maintenance of vacant properties” (https://library.municode.com/ md/frederick/codes/code_of_ordinances?nodeId=PTIITHCO_CH12.5REPRMASA_ARTIVVAPR).

With passage, vacancy periods and registration requirements were set for non-residential and mixed-use properties that became and remained vacant for extended periods of time. These rules state that after:

• 1 year of vacancy, registration of properties vacant for at least 12 months is required. The first registration deadline was December 1, 2021. These properties must be reregistered each 12 months they remain vacant. As additional properties become vacant and remain so for 12 months, they must be registered.
• 2 years of vacancy, registered properties are subject to inspection at the time of reregistration. Accordingly, during 2023, properties registered in 2021 should be inspected for compliance with maintenance standards.
• 3 years of vacancy, registered properties will be deemed “habitually” vacant for tax purposes.

We are closely following implementation of this ordinance and have been advised that
inspections would commence within 90 days. Stay tuned.

West Side Library Progress?

At the District 3 County budget listening session on January 25, County Executive Jessica Fitzwater made news when she announced the County’s full commitment to construct a library in the West End on a land parcel in the City’s Westside Regional Park. Advocates within the community have been pressing for a West End library for two+ years, experiencing various levels of pushback from the prior administration about its final location and accessibility to the adjacent community. Fitzwater praised the current City-County partnership on the project, while also reiterating that there are still many details to work through ahead.

The room at Waverly ES was packed, with 60+ residents in attendance, representing a strong cross-section of the community's racial and ethnic diversity. Most attendees were there for one budget item, to advocate for the construction of the West End library. While advocates continue to push for the new library to be constructed and open by 2025, the feeling for many in the room was that a major milestone had been reached. Now the focus will shift to how community input is gathered and meaningfully sustained during the future design, construction, and programming stages (and whether and how the $7 million the City recently budgeted for a community center project at that same location can be integrated into the library proposal). CRG enthusiastically thanks Ms. Fitzwater for her strong support!

Ft. Detrick Update

Detrick’s Restoration Advisory Board (RAB) meeting was held on January 11, 2023. Presentations included the Army Corps of Engineers (USACE) latest report of its sampling for contaminated groundwater at the Waverly development. Last year 9 wells had compounds above safe thresholds; this year 5 of the 9 wells continued to do so. All sample wells were closest to the Ft. Detrick boundary. The USACE will continue its sampling program into 2024. Arcadis, the long-term consultant involved with mitigation at Ft. Detrick, provided a useful update on all investigation projects by multiple agencies.

At the state legislature, Senator Karen Lewis-Young and delegate Kris Fair have submitted draft text that modifies language of a state bill on Residential Property-Sales Contracts- Disclosures that requires the homeowner and developer of the unit to notify the purchaser that the home is within 0.5 miles of a superfund site. This is a huge step in providing some protection, or at a minimum, awareness of possible exposure threats that the new homeowners could face in their new home, thereby allowing prospective buyers to explore health concerns from the toxins that they or their families may experience. Development surrounding Ft. Detrick remains a continuing concern so stay tuned!
 

Sugarloaf Update — Overlay Zoning Ordinance

A County Planning Commission special meeting on the Sugarloaf Overlay Ordinance was held on January 18, 2023. The purpose of the ordinance is to create zoning that provides further protection of land that is currently zoned “Agricultural” or “Resource Conservation”. The overlay would clearly define the Sugarloaf Mountain Protected Landscape as off limits to dense residential or data center development. After a brief summary describing the Sugarloaf Plan previously approved by the County Council, members of the public were divided into 5 focus groups. Each group contained one planning commissioner, one senior planning department staff member, Sugarloaf Mountain area landowners, environmentalists, a Natelli family member or associate, and a realtor. The planning staff member took notes, which will be shared with participants and presumably become part of the public record. The next workshop is scheduled for February 15, 2023, at 6:30 PM. We encourage as many people as possible to attend in person to support the preservation of the Sugarloaf Mountain area by promoting the Overlay Zoning Ordinance.
 

NAC Revitalization

In the likely last City effort to revitalize the Neighborhood Advisory Councils, the Mayor has sought volunteers to comprise a resident engagement committee to determine the future role of these resident-populated groups where neighbors can discuss important topics specific to their communities. According to former Mayor Jennifer Dougherty who originally established the bodies in 2003, the importance of NACs in civic engagement and input to staff and officials has generally declined with each administration to the present. The most egregious change occurred at the beginning of the pandemic with one of NACs’ most important roles, open discussion on all new development across the City with staff and developers, eliminated. This critical loss of dialog with a neighborhood on the community character proposed in sub-regions of the City has led to City-mandates for an ‘anything goes’ new construction policy independent of resident opinions and concepts. To counter this loss of input, CRG members proposed revisions to the Land Management Code two years ago to require staff, developer, and resident discussions of any proposed new construction in the City on submission of any development application, before staff review and feedback to the developer (pre-application review). Unfortunately, even with praise for the effort, no action on the text occurred and erosion of input has continued. In CRG’s opinion, unless the NACs are returned to their original important role in what occurs in their neighborhoods, there is no reason for the City to maintain resident groups with no role in critical City issues of infill, new construction, and public safety.

Single-use Plastic Bags

Now that we’re in the middle of winter, it’s more obvious just how much plastic trash is in our environment. Most of this litter remains in the ecosystem, breaking down in our soil, and washing into our waterways where it pollutes the Chesapeake Bay and ultimately, the ocean. Plastic bags are in the top 5 of these littered items.

 City of Frederick Alderwoman Donna Kuzemchak plans to introduce legislation to ban these bags. The legislation was drafted with the help of the Sierra Club. The bill, as proposed, bans single-use plastic carryout bags, and requires retailers to charge at least 10 cents for paper and other carryout bags to encourage shoppers to use reusable bags. A workshop to discuss this legislation will take place on February 8, 2023 at 3 PM at the City Hall Boardroom. Most City of Frederick Workshops are streamed online. If you’re not able to attend, you can watch and send an eComment here: https://www.cityoffrederickmd.gov/901/ Public-Meetings.

 Also, a quick way to show your support is to sign this petition. Signatures will be delivered to the Mayor and Alderpersons.

Upcoming Events

1. County Planning Commission Meeting, February 8, 2023, 6:30 PM, Winchester Hall:Public hearing for rezoning 223.54 acres of Agricultural zoned land to General Industrial for future data center construction
2. City Planning Commission Meeting, February 13, 2023, 6 PM, City Hall: Final Site Plan for Building 3, Visitation Academy

Contributors: J. Bokee, P. Gallagher, R. Huber, S. Jakubczyk, E. Law, G. Petersen, M. Rosensweig, 
K. Sellner
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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 Jacubczyk (jakubczyksteven@gmail.com) for consideration of your issue.

Frederick City and County News of Interest VOL. 2, NO. 1 | JANUARY 4, 2023

 VOL. 2, NO. 1  |  JANUARY 4, 2023

Frederick City and County News of Interest

1. City Rental Property Ordinance
2. Changes to the Land Management Code (LMC) and Carroll Creek Overlay (CCO)
3. Addressing BYOB Establishments
4. Visitation Academy Update
5. East Street Redevelopment
6. Congratulations for the Madison Development across from Banner School!
7. NAC Revitalization
8. Critical Digital Infrastructure
9. Speed Cameras
10. Single use plastic bag legislation
11. Upcoming Events for Resident Input
    

Citizens for Responsible Growth (CRG) is a grassroots coalition of Frederick residents who strongly favor development to accommodate the projected increase in the County’s and City’s population, but want to ensure it is undertaken in a way that considers the cumulative impact on our infrastructure, i.e., housing (market-driven and affordable/workforce), green space, schools, traffic, and the environment. Current practice is to consider each project as it — alone — affects its immediate surroundings. We contend that each project must be considered as an integral part of multiple land uses that work together to protect public safety, provide accommodation, minimize congestion, and guarantee easy access to a functional natural environment that surrounds our built and arable lands.
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City Rental Property Ordinance
On December 15, Alderwoman Donna Kuzemchak’s rental property maintenance ordinance was adopted by the Board of Aldermen, setting up a requirement that all landlords of rental properties must maintain adequate standards for interiors and exteriors of these properties. Registration will begin January, 2024 with 15% of all properties inspected each year to ensure safe standard living conditions in the City’s rental properties. This is an opportunity to guarantee safe and healthy living conditions in households of all residents. Please help renters by relaying this requirement to those living in your neighborhood. For details, go to https://cityoffrederick.granicus.com/MetaViewer.php?view_id=15&clip_id=5360&meta_id=135934.

Changes to the Land Management Code (LMC) and Carroll Creek Overlay (CCO)
Representatives for Wormald Companies LLC and Ausherman Properties have proposed text changes (PC22-370ZTA, Text Amendment) to the City’s LMC that would expand numbers of residential units allowed in the CCO based on the number of structured parking spaces (i.e., parking within a structure that is not visible from the street) any developer could identify. Additionally current LMC text embedded in the Adequate Public Facilities Ordinance (APFO) that requires green space and stormwater protections has also been deleted and future traffic congestion ignored. Although increasing housing, ideally affordable/workforce unit and assuring adequate parking for resulting increased density are critical, the CRG asks whether these suggested revisions, which will increase the numbers of market-based residential units and developer profits, are consistent with the intent of the CCO including height, massing, and established ‘character’ of the Carroll Creek Linear Park for this specific property and importantly, all future new construction in the CCO. We must question these precedent-setting changes and be prepared to weigh in on your visions for the future CCO. To examine the suggested text revisions, go to https://cityoffrederick.granicus.com/MetaViewer.php?view_id=12&clip_id=5362&meta_id=135969.

Addressing BYOB Establishments
Substantial progress has been made to address the issue of troublesome late-night activity in area of N. Market Street between Third and Sixth Streets much of which emanates from unrestricted BYOB (Bring Your Own Bottle) establishments. Most significantly, at (and following) recent meetings with Frederick County and state delegates, residents proposed and drafted relevant legislation (with back up documents describing the steps taken by several Maryland jurisdictions that address BYOB establishments) that would:

• Establish a regulatory agency to supervise and license these presently unregulated businesses County-wide and require them to follow specific alcohol awareness and training rules
• Designate specific hours of operation comporting with those of craft breweries or distilleries

Direct follow up with state and local elected officials who have been asked to champion this initiative is ongoing and discussions have been encouraging. As well, a strong letter of support has been provided by the Frederick Police Department. Codifying what is/is not allowed and ‘leveling the playing field’ by having everyone follow a consistent set of rules can close this gap in the system and assure better protection for residents and local businesses. CRG and we neighbors who are concerned about safety in our downtown should be prepared to provide input once legislation and potential options are brought forward.
 
Visitation Academy Update
Building 1, currently under construction is schedule for occupancy by the end of March 2023; all eleven units have been sold. Building 2, located behind the brick wall on East Second Street, has passed Level 1 review by the Historic Preservation Commission; the schedule for Level 2 review is not known at this time. The site plan for the proposed three condominium buildings on the site has also been approved by the Planning Commission; Building 3 construction is also unknown. The conversion and rehabilitation of the historic infrastructure of the former school is scheduled to be completed by late summer of 2023, Marriott opening the hotel on October 31, 2023 (https://cityoffrederick.granicus.com/MetaViewer.php?view_id=12&clip_id=5362&meta_id=135967).

East Street Redevelopment
Following receipt of a Vision Plan on East Street redevelopment derived from meetings with City residents and other interested parties in the last few months, a first draft of a form-based code (FBC), the determinant compliance document for development of the East Street corridor (over and above the City’s Land Management Code, (LMC) ) overlay district, will be delivered to the City by mid-January with staff review and return to the contractors by the end of the month. Shortly thereafter a final draft will be sent to the City for distribution to stakeholders for review and comment. Unfortunately, this will be the sole opportunity for an uninformed public to review the proposed code, the most important compliance document for the next few decades. Because of its importance, the review process should allow for vigorous stakeholder participation, similar to public engagement when the Frederick Town Historic District Design Guidelines was revised in 2017. This process should begin with a clear statement by the City for:

• Objectives of the developed code
• Specific benefits expected as a result of code implementation
• Protections possible as a result of implementation

In the past 6–7 years, inconsistent compliance with the current LMC has resulted in very uneven Planning Commission and Historic Preservation approvals for architecture in Frederick’s historic downtown. Hence, it is critical that the new code better control quality of new build and major renovations along this key corridor into and out of the City, including ideas, concepts, and architecture from residents, businesses, and non-governmental organizations on these future corridor designs. For example, the Vision Plan depicts beautiful streetscapes and the stakeholders need to ensure that the FBC provides the tools to guarantee that development meets the vision. In sum, as a landmark code, a review process must be adopted that will allow for sufficient public participation and dialog with appropriate review/appeals processes that allow for both corrections and protections. 

Other East Street news: Funds have been identified for design and construction for Phase 2 — Rail and Trails Program (Eighth Street to N. Market), covering only the trails component. Further, there is no current budget in the Capital Improvement Plan to address East Street Road reconfiguration, critical to traffic flow/congestion, outlined in the Vision Plan.

All City residents should follow the City’s traffic and FBC concepts closely in the coming months and prepare comments about the impact on East Street as well as all side streets feeding this major thoroughfare.

Congratulations for the Madison Development across from Banner School!
A rezoning request has been submitted to the City for the Madison development on the property across N. Market Street from Banner School and the Canterbury Station apartment complex (https://cityoffrederick.granicus.com/MetaViewer.php?view_id=12&event_id=3503&meta_id=136063). The developer will provide 8 of the development’s 60 units as affordable/workforce housing to ease some of the City’s glaring shortage of needed housing for our lower-moderate income residents. CRG compliments the developer (M. Font, New Harbor Development LLC) and City staff for this commitment!

NAC Revitalization
As many acknowledge, the NAC system (and its intent) has been difficult to maintain over the past 3 years, most critically obvious during the pandemic. Beginning about 1 year ago, City officials and staff proposed to revitalize the NACs with a comprehensive restructuring. The effort has largely been unsuccessful. Poorly constructed surveys and data analyses and lack of widespread announcement of the recent “What If” meeting where residents could weigh in on future engagement possibilities (including in NACs) guaranteed minimal resident input in the process. Resident frustration was evident at the recent December 14 Mayor and Board of Aldermen workshop. Resident comments both at the meeting and via e-comment emphasized the lack of resident participation at the above-mentioned earlier attempts, inattention to the original and revised NAC charter and the Land Management Code (LMC), roles and responsibilities, and—from their perspective—a lack of appreciation for the many and important resident contributions in the past few years (e.g., the Vacancy Ordinance, Maxwell Avenue pedestrian walkway, 2020 Comprehensive Plan text, and Climate Change report).
 
Following public comment, the Mayor and Board agreed to start over, benchmarking where the City is and where it wants to go regarding the NACs. Specific steps defined at the meeting are to:

• Create an ad hoc committee with community members, staff, and Alderman Shackelford
• Update NAC boundaries in terms of population growth and equity impact areas
• Publish a schedule about the next months of work on the NAC system

To address the committee option, the City just announced formation of a community engagement committee (https://www.cityoffrederickmd.gov/civicalerts.aspx?AID=7184), seeking volunteers by January 20. It will focus on the necessary changes we residents seek in an active, revitalized Neighborhood Advisory Council program. This might be the start of the partnership we have been seeking with the City so nominate yourself or convince interested neighbors to do so!
 
Critical Digital Infrastructure
The County has been identified as a possible location for the construction and operation of large data centers, similar to those found in Loudon County, VA to the south. In anticipation of this new, large development demand, the County adopted a Critical Digital Infrastructure ordinance (22-05, https://frederickcountymd.gov/DocumentCenter/View/337255/Bill-22-05) that places some limits on land use for these centers.

In a first application of the new legislation, Quantum Maryland LLC (QL) has submitted a plan for digital center construction across 27 parcels of the Eastalco site near Adamstown, with the parcels to be sold for construction of digital data centers. QL has identified use of 1.5 and 5 mgd (million gallons per day) of potable and non-potable water, respectively, for the site, construction of a sewage pumping station, and with Potomac Edison, construction of an electrical substation. The County has identified adequate water capacities for the applicant. The QL application also identifies temporary and permanent damage to local floodplains and streams, to be explored by CRG representatives in an informational hearing with the MD Water and Science Administration in the new year.

Other developers have purchased adjacent parcels for digital center construction and a center on Sugarloaf remains a possibility. Of concern is the impact of multiple huge data centers on stormwater and local creeks and habitats, future electricity and water demands for centers vs. other non-center needs, and substantial social changes for the largely rural character and population of the area. It is critical to re-examine the County’s CDI requirements for this dramatic land use change for the future as forward-thinking is critical to establishing what is and is not acceptable for this portion of the County. Revisions later after digital center companies have come in will be difficult to adopt as the ‘horses would have left the barn’ and change later will be challenged by prospective new center applicants as competitively unfair to what early center builders were allowed.

Speed Cameras
Outgoing State Delegate, now incoming Senator, Karen Lewis Young has accepted clarifying language to State law 21-809 to allow speed cameras (speed monitoring systems) in any site determined by County or incorporated municipalities (12 in the County). The language more clearly identifies the ability of any County or municipality that maintains a police force to place speed monitoring systems not only within ½ mile of a school but anywhere officials choose. Senator Young is forwarding the language to colleagues in both the House and Senate for consideration in the coming session. Hopefully this will encourage City and County officials to better enforce established speed limits across the area, consistently ignored over the pandemic and through current times.

Single use plastic bag legislation
The City will soon consider legislation banning single use plastic bags at various retail establishments in the City. Our region, state, nation, and world are being rapidly overwhelmed with plastic waste of all types; very little of it (about 10%) is recycled and most of it ends up in our waterways and food, and thus ultimately inside the bodies of all animals, including humans. A number of municipalities in our region have passed similar bills, and we can use information from these programs to inform how we arrange our program.

The City will hold a workshop on this legislation on Wednesday February 8 at 3 PM at City Hall. Please write to the mayor and alderpersons if you support the idea, and please consider attending the February 8 workshop if you’re available.

Upcoming Events for Resident Input
Chapel Alley New Construction: A proposal to build townhouses on Chapel Alley between E. Fourth and Fifth Streets has been resubmitted. We will distribute details as more details are posted.

City Legislative Priorities Delegation Meeting:  January 5, 2023, City Hall, 8 AM.

Karen Lewis Young, Ken Kerr, Chris Fair — District 3 Listening Session: January 7, 2023, 2–3:30, Hillcrest Community Center, 1150 Orchard Terrace.

Planning Commission: January 17, 2023, 2 PM, construction of 1260 residential units including a hotel at the Brickworks at South and East Streets.


Contributors:  S. Jakubczyk, R. Robey, M. Rosensweig, K. Sellner, P. Gallagher

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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 Jacubczyk (jakubczyksteven@gmail.com) for consideration of your issue.

Frederick City and County News of Interest VOL. 1, NO. 7 | DECEMBER 1, 2022

 VOL. 1, NO. 7  |  DECEMBER 1, 2022

Frederick City and County News of Interest

1. Election Results & Challenges
2. NACs and Resident–City Dialog:
3. N. Market Street — BYOB establishments:
4. West End County Library Branch:
5. City Charter Review:
6. City Surveys:
7. East Street Corridor Redevelopment through Form-based Code: 
8. Tracking City Development:
9. Emerging Issues - CDI and Future Digital Centers
   
10. Upcoming Meetings of Import - City and County Delegation Meetings
11. Additional Information: Quantifying City Development

Citizens for Responsible Growth (CRG) is a grassroots coalition of Frederick residents who strongly favor development to accommodate the projected increase in the County’s and City’s population, but want to ensure it is undertaken in a way that considers the cumulative impact on our infrastructure, i.e., housing (market-driven and affordable/workforce), green space, schools, traffic, and the environment. Current practice is to consider each project as it — alone — affects its immediate surroundings. We contend that each project must be considered as an integral part of multiple land uses that work together to protect public safety, provide accommodation, minimize congestion, and guarantee easy access to a functional natural environment that surrounds our built and arable lands.
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Election Results & Challenges
Congratulations to the newly elected officials! Many officials have stated positions and opinions on growth, development, and housing and these issues will remain high priorities for County and City policy formulation. CRG will continue to provide input and we hope that some of you will join us.

NACs and Resident–City Dialog: The CRG submitted revisions to the City’s Land Management Code (LMC) and 2020 Comprehensive Plan in late 2021 and early 2022. We will re-initiate a concerted effort to codify these two portions of the City’s governance, basically mandating resident input to new construction prior to any formal City staff acceptance of a proposed project.

Updates
N. Market Street — BYOB establishments: The myriad of late-night issues on North Market Street during the spring and summer revealed a flaw in the system of alcohol/liquor licensing and accountability. Basically, establishments in Frederick County that have (and often advertise) a BYOB policy are not regulated by the Frederick County Liquor Board (FCLB). If they are not a restaurant that serves alcohol (as any Class B — i.e., on-site alcohol consumption — establishment), no other agency has any jurisdiction as to how they manage their business. This absence of institutional control and responsibility, combined with a lack of accountability to the public and the surrounding neighborhoods, directly contributes to creating an unsafe environment for all involved, both patrons and local residents.

Concerned citizens are pursuing several options designed to close this loophole, including:  

• Requiring BYOB establishments to be licensed with oversight provided by the County Liquor Board. This would allow for the same core rules that restaurants, craft breweries, and distilleries must follow regarding responsible beverage service (RBS) training and in-house policies and procedures to avoid underage service and over-consumption and assure better accountability, with adequate response should problems arise.
• Reviewing best practices of MD Counties in the development of specific BYOB guidelines, recognizing their business model is atypical of other regulated businesses. One example is the Bottle Club law in Hagerstown that limits hours of operation and requires that only beer and wine be consumed, and only when food is being prepared and served. 
• Mandating that BYOB establishments follow the same hours of operation as craft breweries and distilleries which are required by state law to close at 10:00 pm.

Currently Frederick citizens are working with the Frederick County state legislative delegation to address this issue. Our newly elected state delegates and state senator can bring a solution forward when the Maryland General Assembly convenes in January 2023. In addition, our local City and County officials can support the request from, and direction of, their residents at the upcoming December 15 meeting with the State delegation. All parties must recognize the seriousness of the need to address this issue and ensure that City and County residents (as well as visitors to the area) are sufficiently protected. BYOB establishments must acknowledge their social contract as local businesses to assure the safety and best interests of our neighborhoods and streets!

West End County Library Branch:  Residents continued to advocate for Frederick County to construct a new library branch in the City of Frederick's West End at a public forum organized by outgoing County Executive Jan Gardner on November 16, 2022. The evening forum, held at Hillcrest Elementary School, was well attended, with approximately 40 residents present. County Executive Gardner held the forum to solicit public feedback about where and when a West End library branch should be constructed based on three options that she presented.   

While several perspectives were shared, the majority of those who testified supported a library branch that would be constructed within the land set aside by the City of Frederick for the West End Regional Park, with the strong preference for a 2025 opening date.

Given the impending change in governments on December 5, all decisions with respect to where and when the West End Library is constructed will now reside with the incoming Jessica Fitzwater administration. County agencies are currently in the process of assembling their budgets for the incoming county executive to review, approve, and present in the beginning of 2023. County Executive-elect Fitzwater has publicly committed to holding several public budget listening sessions throughout the County. Residents are encouraged to continue to advocate for a West End Library Branch to be constructed and opened in the 2025 timeline.

City Charter Review: The mayor is about to announce selection of 7 to 9 individuals to review the City Charter over the next 6 months. The Charter was last revised in 2007 and not adopted until 2013 so a re-examination of what works or could be improved for governance of the state’s second largest city is long overdue. A report with recommendations will be submitted to the Board of Aldermen and mayor for review and consideration in mid-2023. The Committee’s meetings will be open to the public to learn of the members’ deliberations. If you have concerns on our election processes, operating procedures, and roles of our Board of Aldermen and mayor, be prepared to provide input to the members of the City Charter Review Committee in the coming months.

City Surveys: Under the auspices of the City’s “What If” initiative, the City has posted a survey that provides residents an opportunity to provide specifics on increasing communication between City officials, staff, and residents. As 2-way communication is a primary tenet of the CRG, should you wish to provide comment on ways to increase dialog, go to the following link and submit your opinion (https://forms.office.com/Pages/ResponsePage.aspx?id=Vfh5w-4NCUufiQzuOqf3YUi6GC7LcY9Nun9ZbvUZMbNUQjZSMk9WNFZZWlNXWDJFQVFPNlZVRzFMNi4u) or to https://www.cityoffrederickmd.gov/civicalerts.aspx?aid=7132 to respond to other “What If” initiative surveys.

East Street Corridor Redevelopment through Form-based Code: The City of Frederick is refining the 2017 Small Area Plan for East Street. As discussed in earlier newsletters, the refinement includes both a re-envisioning of traffic patterns on East Street as well as the development of a form-based code that will set the framework for new and infill development along the corridor. The Form-Based Code Charrette report is available at https://www.cityoffrederickmd.gov/DocumentCenter/View/20937/Charrette-Report.

On December 14, the City will hold a listening session to receive resident feedback on the report. Thereafter, the contractor will finalize a draft of the code that will codify the guidelines for future development along each block of the East Street corridor. Resident participation and feedback is critical during this process as the form-based code overlay will take precedence over the existing Land Management Code for regulating future development. It is important to note that nothing in the form-based code will require existing businesses along the corridor to make any modifications.

The CRG is pleased to learn that the City is actively looking for funding for the execution of a vital transportation study. This study will determine whether the re-envisioned transportation plan will accommodate the anticipated level of service required from development along the corridor and importantly, regional growth.

The City has also announced that there are resources to address the design and construction for Phase II of the Rails and Trails program. This phase goes from Eighth Street all the way to Route 26, including a new linear park in front of the Monocacy Village Shopping Center. The City hopes to release a Request for Proposal before the end of this calendar year with the goal of construction to be completed by FY26.

Tracking City Development: CRG members have been watching new construction throughout the City and wondering where/when/how to best address what appears to be unchecked development with little attention paid to the presence, absence, or plans for adequate supportive infrastructure. In Spring 2022, one of our members began to follow the Frederick County Residential Pipeline Report, in part a response to questions asked about the seeming unconstrained development in the past few years.

Based on the Pipeline Report, there are 10,410 approved City dwelling units represented in 27 approved developments. The 2021 Frederick County census results indicate 106,417 units occupied by 279,835 people — or an average of 2.6 persons/unit. In the City, with 10,410 residential units approved for the next few years (2,746 of those already developed/sold), at 2.6 persons/unit, 27,066 new residents could find City housing. With a 2021 census population of 79,855 City residents, housing just built or to be built within the next few years (assuming 3+ years for permitting and construction, i.e., by 2026) can accommodate 106,921 individuals, exceeding the Metropolitan Washington Council of Governments’ projected 2045 City population of 93,100. (For more info about these data, please see Additional Information section at the end of this newsletter.)

These data imply that we will have built all the needed housing for our 2045 population by 2026 — certainly sooner than 2030. So why is there the huge commitment for new residential construction, far in excess of needed housing for the current or future population? And with obvious constraints to the needed infrastructure in roads, sewer and water line placements and pumping stations, and schools, couldn’t we build slower, focusing on construction practices with all of the necessary infrastructure, resiliency to the new climate, and affordable/workforce housing that is currently estimated at 15,000–20,000 units (County projection, R. Trout, pers. commun., July 19, 2022)? Bottom line: New residential construction far exceeds the needs of projected City populations, so why not commit to establishing new construction policies, incentives, and credits to build responsibly what is actually needed in the coming years?

Emerging Issues
CDI and Future Digital Centers: The County has passed the Critical Digital Infrastructure ordinance that provides some construction requirements for large digital centers expected in the coming decades. The first center location is the former Eastalco site with Quantum Maryland LLC submitting an application to the County for construction and infrastructure for the 27 parcels that comprise the site. The application includes sewer and water supply and discharge infrastructure, stormwater mitigation, locations of an on-site power station, and extensive berm and forestation placement.

Of concern are the magnitudes of water usage and sewage capacities, as well as implications for these services should digital centers be considered for all 27 parcels. As well, Quantum Maryland LLC owns land surrounding the Eastalco site, 2 to 3 times the size of the Eastalco location. With the huge data fibre conduits planned from Virginia to the site (perhaps the largest on the East Coast), the fibre transmission corridors, the additional land owned by Quantum Maryland LLC, as well as 2 other nearby properties already in place for other digital centers, raise serious concerns on digital center construction second only to Loudoun County, construction at what sacrifice of agricultural land and non-center public services? CRG and 5 other local organizations have requested an informational hearing with the MD Water and Science Administration on one aspect of the current application — damage to Tuscarora Creek (<200 linear ft) and its floodplain (>507,000 sq ft).

Upcoming Meetings of Import
City and County Delegation Meetings: City officials are holding a budget meeting on December 7 at 7 PM. Aldermen will present their priorities for possible City and state funding consideration and public comment can occur. If there are identified within-City limits funds needed for specific City actions, residents are encouraged to immediately contact their aldermen and provide input and funding amounts to be considered. Thereafter, as in previous years, Frederick County state representatives will hold meetings with City and County officials on December 15 to identify priorities our representatives should pursue in the legislature to improve conditions locally. Besides the liquor regulations noted above, other topics of interest to the CRG include expanding use of speed cameras beyond the current state regulation for deployment only within 0.5 mi of a school, installation of speed bumps, increasing state funds to complement low income housing tax credits (LIHTCs) provided by the federal government to spur affordable housing construction, and allowing local jurisdictions the power to install solar panels on schools at their discretion. If you identify other issues that must be changed at the state level, please notify your County Council representatives, County Executive, City Board of Aldermen, or mayor of the topic as soon as possible.
 
Contributors:  J. Bokee, R. Huber, S. Jakubczyk, R. Robey, M. Rosensweig, K. Sellner

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Additional Information: Quantifying City Development
CRG members have been watching new construction throughout the City and wondering where/when/how to best address what appears to be development with little attention paid to the presence, absence, or plans for adequate supportive infrastructure. In Spring 2022, one of our members began to follow the Frederick County Residential Pipeline Report, which is designed to show what is in the pipeline (i.e., approved residential units to be developed that will impact the City/County infrastructure in the future.) 

Understanding this important number is essential to assure that development is limited to available infrastructure support which includes adequate roads, sufficient schools, libraries, parks, and sufficient services such as police, ambulances, and utilities — water, sewer, electric, gas, trash removal, etc.

Permitted homes should be a component of the pipeline calculation because these are homes that are approved to be built but not necessarily being built at this time. Thus, they do not have any current impact on the City/County infrastructure. Permitted homes have up to 2 years to be built and that period can be extended. 

A breakout of the Developed/Permitted projects separates developed/sold homes from the permitted homes, the easiest way to isolate the permitted homes. To do this, streets within the City developments on the Residential Development Pipeline Report were identified and then looked up in the Maryland State Real Estate Database (SDAT) to identify the developed/sold homes.  

Calculations were limited to City developments due to the enormity of the undertaking which involved driving through each of the 27 approved development projects to identify the streets in each community and then to compare that with the SDAT. From there, the homes sold to individuals were counted for each street and then totaled for each development. Finally, the sold homes calculation was subtracted from those Developed/Permitted to obtain the number of permitted homes — in total and by development.

Currently, there are 10,410 approved city dwelling units representing 27 approved developments. Just to give an idea of the time this process requires, the December 31, 2016 Division of Planning Annual Report contained 22 developments that are listed in the October 2022 Frederick County Residential Pipeline Report. 

The October 2022 Pipeline Report shows 34,329 Approved Dwelling Units County-wide. The City total is 30% — or 10,410 — of the County total. Of those (City) units, which will impact City/County infrastructure, there are:

• 2,746 units have been developed/sold and are impacting the current City/County infrastructure.
• 7,664 dwelling units are in process with
  • 1,271 permitted
  • 6,393 unpermitted

One final piece of the puzzle is the 14+ plus development projects currently in various stages of the approval process. These projects include another 1,401 proposed dwelling units. This inexact number of projects includes residential projects reflected in the City development map and other projects that are not currently on the map because they are between approval processes. Since the City normally approves most projects, it is likely that these projects will end up in the Pipeline Report.

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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 Jacubczyk (jakubczyksteven@gmail.com) for consideration of your issue.

Frederick City and County News of Interest VOL. 1, NO. 6 | NOVEMBER 1, 2022

 VOL. 1, NO. 6  |  NOVEMBER 1, 2022

Frederick City and County News of Interest

1. East Street Corridor Redevelopment through Form-based Code
2. City and County Commitments to Minimizing Future Climate Threats
3. Affordable/Workforce/Moderately Priced Dwelling Units
4. County APFO on Traffic
5. Sugarloaf Mountain Plan
6. What has been accomplished
7. Street Safety
8. Update on N. Market Street
9. Upcoming Meetings of Import
• N. Market Fountain and Park:
• West Side Library:
• County Liquor Board Meeting: 
• City and County Delegation Meetings:
10.  VOTE, VOTE, VOTE!
    

Citizens for Responsible Growth (CRG) is a grassroots coalition of Frederick residents who strongly favor development to accommodate the projected increase in the County’s and City’s population, but want to ensure it is undertaken in a way that considers the cumulative impact on our infrastructure, i.e., housing (market-driven and affordable/workforce), green space, schools, traffic, and the environment. Current practice is to consider each project as it — alone — affects its immediate surroundings. We contend that each project must be considered as an integral part of multiple land uses that work together to protect public safety, provide accommodation, minimize congestion, and guarantee easy access to a functional natural environment that surrounds our built and arable lands.
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East Street Corridor Redevelopment through Form-based Code
Consultants recently provided 2 summaries to the City (Planning Commission, Board of Aldermen and Mayor Workshop) regarding progress toward completing a report on resident and business input on the future design possibilities for the East Street Corridor derived from late September open meetings (charrettes). Input highlighted walkability as the primary concern, but other topics raised included street and sidewalk widths, lanes, parking, and crosswalks, with an emphasis on a tree-lined corridor.

Consultants identified 4 patterns for focus: a General Flex pattern (flexibility in building design); a Storefront design (retail in 1st floor with residential or office space in upper floors); Urban Residential (entire buildings as residential); and Tech-Work Areas (one-story buildings under non-movable transmission power lines). The charrette input revealed minimal interest in bike traffic on East Street.

The overall conclusion from the CRG observers was that the City must commit to traffic patterns throughout the corridor, i.e., number of lanes, widths, etc. in specific sections of East Street, BEFORE any adoption of building designs in the corridor’s form-based code. Without deciding on which sections of East Street are 1-, 2-, 3-, or 4-lane, with and without bike lanes, builders will not know what can be constructed at the curb’s edge and hence, no form-based code for any portion of the corridor is possible. Be prepared to weigh in by e-mailing Arash Ghahramani (aghahramani@cityoffrederickmd.gov) once the report is distributed.

City and County Commitments to Minimizing Future Climate Threats
In 2020, the City and County requested and, after 15 months, received a comprehensive list of recommendations each should implement to reduce local greenhouse gas emissions and increase resiliency in public and private properties and infrastructure (see https://www.mobilizefrederick.org/ for the ~240 pp. report). Besides some encouraging possibilities with the Frederick County Public School (FCPS) system, little has been implemented in either jurisdiction, although several excellent opportunities in both the City and County could embed climate-related options as plans are finalized.

In the City, a new Police Headquarters is in the design stage now. If the City administration would consider solar panel installation for building energy needs, public funds for installation would be recovered within 8–9 yrs, AND the City could sell energy back to the grid for enhancing City revenue in the future. Similarly, the new rental registry and inspection program (XI.8 in https://cityoffrederick.granicus.com/player/clip/5216?view_id=12&meta_id=129880&redirect=true&h=9abfd7b1ef67ec8d19e1244816da7193) could require maintenance of windows, doors, HVACs, furnaces, etc. to ensure safe indoor air quality, the primary cause of public health issues according to Dr. Barbara Brookmyer, Director of the Frederick County Health Department.

In the County, recent adoption of revised Moderately Priced Dwelling Unit ordinances (https://frederickcountymd.gov/DocumentCenter/View/340284/Bill-No-22-27---Requirements-to-Build-Moderately-Priced-Dwelling-Units-MPDUs-and-Changes-to-Sale-or-Rentals, Bills 22:27-29) could require similar guarantees for indoor air quality standards, thereby protecting renters and owners from poor indoor air quality and associated medical costs due to climate-induced flooding, mold, ozone, etc. Above all, responsible growth protects all residents from the new climate extremes we now experience. Thus, requesting that City and County officials and staff implement needed renovation and construction requirements should be on your schedule for future involvement.

Affordable/Workforce/Moderately Priced Dwelling Units
As noted above, the County Council has passed three revisions to the County Code to increase actual building of moderately priced dwelling units (MPDUs, (https://frederickcountymd.gov/DocumentCenter/View/340284/Bill-No-22-27---Requirements-to-Build-Moderately-Priced-Dwelling-Units-MPDUs-and-Changes-to-Sale-or-Rentals, Bills 22:27-29). There are 2 means to increase construction: 1) nearly doubling the fee-in-lieu cost for each unit not built, thereby enticing construction rather than simply paying a fee and 2) receiving additional bonus housing construction permits for each MPDU built above the 12.5% required in the code. Thank you Jessica Fitzwater and the Council members who supported this commitment!

County APFO on Traffic
The McKay-Hagen bill (22-17, https://frederickcountymd.gov/DocumentCenter/View/340048/Bill-No-22-17---APFO) that expands requirements for developers to address traffic congestion through road construction, merge lanes, and intersections has passed, thereby reducing the increasingly difficult traffic woes that the rapidly growing County is experiencing. It also provides a 5% Escrow account for future roads that would likely follow any development as new developments serve to foster additional building beyond the development currently under construction. This is a progressive step in trying to address increases in vehicular traffic and is most welcome by the CRG!

Sugarloaf Mountain Plan
In the ongoing County Council discussions of preserving Sugarloaf Mountain through adoption of a small area plan, on Tuesday, October 25, the County Council discussed and rejected Council Member Kai Hagen’s compromise amendment to address the major landowner’s (Stronghold) threat to close Sugarloaf mountain to the public, while still protecting the most endangered land adjacent to I-270, including the Natelli Cutoff intended for a large Amazon data center. The amendment failed 3–4 with members Hagen, McKay, and Donald voting in favor, and members Keegan-Ayer, Fitzwater, Blue, and Dacey voting against. County Executive Gardner spoke against the amendment prior to the vote.

Council Member Fitzwater proposed an amendment eliminating the Overlay language (zoning specifics) from the Sugarloaf Plan. This amendment passed 4–3 with members Fitzwater, Keegan-Ayers, Blue, and Dacey supporting the proposal and members Hagen, McKay, and Donald opposing. The Plan, without the Overlay language, shifts to an aspirational measure, or as Council Member Steve McKay said, “just a pretty book.” Council member Fitzwater then moved to adopt the Sugarloaf Plan without the Overlay language. The motion passed with all members in favor, as those believing the Plan, even absent the Overlay, at least indicates a commitment to preservation and conservation in the treasured area, a good starting place for the new County Executive and Council members that will be elected on November 8. 

The Zoning Overlay has thus been remanded (returned) back to the Planning Commission. The new County officials will be free to revise the Plan and Zoning Overlay in any manner, including ignoring any plan, but free to approve any development proposals. Council member Jessica Fitzwater said if she is elected County Executive, she will push for a Zoning Overlay that considers preservation and property rights.

What has been accomplished
The passed version of the Sugarloaf Plan maintains the I-270 boundary.

The Sugarloaf Alliance has organized to advocate for preservation and is continuing its objections to any Sugarloaf Plan that does not focus on preservation and conservation of this area. The failure to pass the Overlay means that the work of citizens to preserve the area must continue. Currently, the Alliance is seeking, through Maryland Public Information Act (MPIA) requests, details of developer meetings with state officials as well as details of local County meeting communications on the boundary cut-outs in the 2021 version of the Plan and the closed meetings with Amazon Web Services. Little has been received and the Alliance is now in court to secure these materials (the Alliance has retained MPIA and land-use attorneys). Any information is important for deliberations by the new County Executive and Council members.

Beyond Sugarloaf, it is useful to recognize that the Sugarloaf Plan is the first of ten small area plans identified in Livable Frederick. The same issues will arise with potential removal of any “teeth” to guarantee that preservation/conservation are at the forefront of negotiations on new growth areas.

For more information, please go to the Sugarloaf Alliance website sugarloaf-alliance.org.

Street Safety
The Engineering Department presented residents in NAC 6/9 with a plan to paint street lane markings in an attempt to calm traffic. They are going to be starting this project soon. The Street Safety Gang (SSG) acknowledges this as a good start and is grateful that we are able to continue the conversation. If you'd like more information, email Gayle Petersen at streetsafetygangfrederickmd@gmail.com

Related to street safety, the Traffic Engineering staff explained to NAC 11 members the types of traffic calming currently used and planned for the City as well as benefits of/challenges to each option. CRG is seeking to obtain a copy of the Traffic Engineering presentation.

Update on N. Market Street
Last Saturday night/early Sunday morning (October 22–23), another violent attack occurred on North Market with a triple stabbing on the 100 block. For those who dismissed the summer shootings and related incidents as a problem for those “farther North,” this is a rude awakening that no place Downtown is immune from violence. Hence, it is important to examine the factors contributing to angry, or inebriated, and/or out of control individuals who feel they can cause whatever problems they wish because nobody cares or will do anything to stop them.

The most obvious and prevalent issue is the level of alcohol abuse in the licensed alcohol venues and BYOB establishments along Market and feeder streets. As most incidents happen between 2:00 and 5:00 AM, public and private security needs to be re-examined, re-established, and prioritized, including reconsideration of hours of operation. Additionally, owners need to be held responsible for over serving their patrons and must practice responsible in-house service practices. Although the Frederick Police Department officers have been working overtime, these public servants must respond to multiple, often distant, late-night locations to deal with one altercation after another.

A less obvious but important factor is the message the City sends by not taking control of the environment on the street, fostering acceptance of "blocks that don’t matter." Poorly maintained sidewalks from the corner of N. Market and Third Street north with tree stumps remaining in the middle of the walkway for more than a month and multiple vacant properties suggest that no one cares and nobody is watching. Together with the decades’ long issues with the Carmack-Jay parking lot as an after-hours congregation area for bar patrons, drug dealers, and prostitution, it is clear why people perceive that Downtown ends at the corner of Third Street and Market. Finally, allowing cars and trucks to treat our street as a raceway, speeding light to light with little regard for pedestrian safety, often at excessive noise levels, only further adds to the message of ‘anything goes’ in these N. Market Street blocks. Until these issues are addressed and this part of our “Main Street” is treated with the same attention given to what is considered the “core” of downtown, nothing will change, and both lives and opportunities will continue to be lost.

Each of these are correctable problems if the City has the political will. The more the residents of the impacted neighborhoods continue to voice their concerns, the better chance we have to create a safer City for all. Effective action begins with your continued input into City meetings about N. Market, ranging from the just-awarded Streetscape Study funds to your participation in the 7th Street – N. Market Art Design Public Meeting at 7 PM on November 9th at the Bernard Brown Community Center, 629 N. Market Street. If we work to change the environment on N. Market Street, we can reduce the perception of the neighborhood as an ignored, depreciated portion of downtown with late night meeting/party locales that sometimes result in inebriated and violent patrons causing havoc in our streets.

Upcoming Meetings of Import

N. Market Fountain and Park: The Downtown Frederick Partnership is hosting a public art design meeting on November 9, 2022 at the Bernard Brown Community Center, 629 N. Market Street, at 7 PM. The Partnership is seeking public input on the small park’s sculpture that will be part of the fountain and gardens planned for the site, often viewed as the northern end of the tourist downtown area.

West Side Library: A public meeting will be held at 6 PM, November 16 at the Hillcrest Elementary School to discuss multiple options for a new public library on the west side of Frederick. County and City officials have a suite of options, so voice your opinion!

County Liquor Board Meeting: The Board of Licensed Commissioners (Liquor Board) for Frederick County will be hosting the 7th Annual Public Alcohol Forum, on Monday, November 14, 2022, at approximately 9:00 AM (after the public hearing). The forum will be held at Winchester Hall located at 12 E. Church Street in Frederick. The forum is designed to take input and solicit ideas for the 2023 Legislative Session, as changes to local laws must be done through the state legislature. If you cannot attend the forum, we encourage you to share your ideas by sending an email to LiquorBoard@FrederickCountyMD.gov. As noted above and in previous newsletters, regulating BYOB establishments with the same requirements of other restaurants and liquor establishments should be a high priority.
 
City and County Delegation Meetings: As in previous years, Frederick County state representatives will hold meetings with City and County officials in December to identify priorities our representatives should pursue in the legislature to improve conditions locally. Besides the liquor regulations noted above (e.g., focusing on hours of operation for BYOB establishments), other topics of interest to the CRG include expanding use of speed cameras beyond the current state regulation for deployment only within 0.5 mi of a school, installation of speed bumps, increasing state funds to complement low income housing tax credits (LIHTCs) provided by the federal government to spur affordable housing construction, and allowing local jurisdictions the power to install solar panels on schools at their discretion. If you identify other issues that must be changed at the state level, please notify your County Council or City Board of Aldermen or mayor of the topic.
 
VOTE, VOTE, VOTE!
The election is here (November 8) so make sure to vote through mail-in ballots or walk-in! This is a critical election for governor and our state legislature but very importantly, County Executive and members of the County Council and Board of Education. The first two will determine growth and development in the County, including suburban developments, digital centers, Livable Frederick-identified growth areas (most immediate is Sugarloaf Mountain), salaries and fringe benefits for staff and service members, health and safety policies, and amounts and allocations of collected taxes. Board of Election members will determine what is taught in our public schools. DO NOT ABDICATE THIS RESPONSIBILITY — VOTE!

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

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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 Jacubczyk (jakubczyksteven@gmail.com) for consideration of your issue.