Frederick City and County News of Interest VOL. 3, NO. 2 | FEBRUARY 7, 2024

Frederick City and County News of Interest Please join our monthly email list by clicking here. Learn more about CRG at the bottom of this newsletter. Click on an article title here, to jump to that article: CRG Winter-Spring Residents Forum: Affordable Housing City Fees in-Lieu (Housing & Schools) Implications of Population Increases in the County and City Data Centers Update on a New Downtown Mixed-Use Building in the Carroll Creek Overlay (CCO) Charter Review Update County Response to Public Health Incident  Climate Summit South Frederick Corridor Upcoming Events and Meetings _____________ CRG Winter-Spring Residents Forum: Affordable Housing CRG held its initial 2024 winter-spring residents’ forum on January 23 at Gravel and Grind on E. 6th Street (THANK YOU TRACY!), with Ryan Trout providing an hour-long presentation on housing needs in Frederick County and City. Mr. Trout, a housing expert for the region, summarized policies both governments followed in the past and revisions that are under consideration currently. Past affordable housing construction has been through County actions, with the City solely collecting fees in-lieu (FIL) from developers opting not to build needed less expensive housing for possible funding construction in the future (see City discussions below). Trout described fees in-lieu, past and present, with County fees essentially doubling to ~$45,000 for each unit not built; a similar policy is under consideration by the City. He also described federal and state funding options (such as Low Income Housing Tax Credits [LIHTC] used to entice funding from banks and insurance companies), indicating substantial uncertainty in receipt of sufficient funds each year to move affordable housing projects forward, advocating for local funding to bolster likelihoods for receipt of funds from Maryland or the federal government. Substantial Q&A with ~40 residents allowed attendees to depart with greater awareness of possibilities for future construction of the 12,000–15,000 units needed across the County and City. Stay tuned for CRG-organized issue-focused meetings in the coming weeks! City Fees in-Lieu (Housing & Schools) On January 18, the City held a workshop to begin discussions of the distribution of collected fees in-lieu for Moderately Priced Dwelling Units (MPDU) and Schools. Only 3 BoA members attended but obvious differences in opinions on use of the funds were evident. For the $6.2M MPDU funds collected over the past decade from developers choosing not to build MPDUs, two members supported use of the fees for construction of housing units as the City has not constructed any affordable housing with these funds for the past 10 years. Another member thought the disbursement should be divided among multiple programs for repairs, rental assistance, home improvements, and then construction. Public comments supported the former with one comment suggesting that if City officials were definitely committed to helping those in housing but needing repairs or assistance, the City should allocate portions of the General Fund to these non-construction needs as an annual portion of each budget to show that this portion of our City’s population is valued and warrants routine commitment. In contrast, the ever-increasing need for affordable housing cannot be delayed year after year, so building to prevent falling further behind in needed housing is critical. Additional workshops will follow and CRG will seek resident support for housing construction for valued but largely ignored portions of our community. Distributions of school funds was also discussed with two members urging the commitment of funds to increasing seats for Hillcrest Elementary and joining with the County in assessing urban school construction designs. Another member argued that school construction was solely a County responsibility and therefore school mitigation funds should not support the County’s obligation for the portion of City taxes that the County receives annually. Unfortunately, with the City’s population surging to the highest rate in the state (see below) and continued City annexation of surrounding lands without requiring school construction or land donations for schools, there are insufficient County funds to address all school expansion and new builds. Funds have been collected by the City from developers who choose to neither provide land nor build schools, so use of the collected funds to enhance school capacity is both logical and warranted. CRG urges revisions to the City’s Land Management Code that annexation can only occur if there is adequate (<120%) student seating capacity in nearby schools for the next five years or otherwise a developer for the annexed land must partner with the City and County to build necessary schools or donate land for school construction. Implications of Population Increases in the County and City Recent population increases in the City and County, 2.5% and 2.4% respectively, are the highest in Maryland, indicating that we no longer must hear that we will be Montgomery County North, but we already are! MoCo’s fastest growth rate was 2.57% in the past so we now have that distinction for the state. Those increases indicate that substantial changes in infrastructure, housing, schools, and staffing for our planning departments must occur as soon as possible. We are no longer a small town nor a very rural county but an increasingly preferred locale for new residents. Development is everywhere with tremendous increases in construction permits requested and issued in the City and County, with repeated concerns voiced in the newspaper, at County and City Planning Commissions, Council, and Board of Aldermen meetings. As the new mecca for individuals and families in western Maryland, it is critically important to closely examine and revise our planning policies. Such review will ensure responsible residential construction for everyone with adequate and affordable housing, schools at or below capacity, and public services guaranteeing high quality of life for new and current residents. Your voices matter so weigh in as proposals for development and accompanying roads, traffic, schools, water and sewer, and parkland/green space are brought before our regulating bodies! Data Centers The Frederick County Planning Commission conditionally approved a site development plan in January for a 777,000-square-foot data center for Rowan Digital Infrastructure at the Quantum Loophole Frederick campus. The approval cites certain conditions, including a vibrational analysis on the project to address sound level concerns. Multiple local and state leaders and organizations wrote letters of support for this Bauxite Data Center. Further, Governor Moore’s administration strongly supports attracting the technology industry and encouraged the Planning Commission to approve Rowan’s application, thereby (in our opinion) challenging the state’s emission requirements in the recently passed Climate Solutions Now Act. In another meeting, the County’s Data Center Work Group (DCWG) on January 10, Julie Bolthouse, director of the Piedmont Environmental Council, summarized lessons learned from Loudon County’s massive data center development over the past several years. Her bottom line was that prior to any construction permits are issued here, power delivery to a center site must be guaranteed through agreements with the transmission line utility, PJM. Additionally, the sources of the power must also be identified. There is little justification for issuing permits without these two agreements in place. A final point is that costs for any new transmission lines or power companies should be identified and, if substantial to residents, these fees should be assigned to the data center corporations as a function of their normal operations. In Loudon County, residents using 1000 kw per month will receive bills approximating $243/month by 2035, an increase of 127% since May, 2020 (https://www.loudounnow.com/news/concern-grows-over-data-centers-power-lines-in-loudoun/article_29255f7a-ba1e-11ee-b337-0b0f125b94a9.html). CRG hopes that the DCWG and County Executive will heed these suggestions and incorporate appropriate language in any new Critical Data Infrastructure revisions to ensure power delivery is guaranteed at no or very minimal expense to residents and current commercial businesses. In other important news, as reported previously, the Public Service Commission rejected Aligned Data Centers’ request for its use of 168 diesel generators as the primary energy back-up power supply on the Quantum Loophole Eastalco site, due to projected emissions that would jeopardize the state’s recently adopted emissions guidance in the Climate Solutions Actions Now bill. Not satisfied with the PSC’s commitment to the new law, Governor Moore has proposed legislation excluding diesel generators from the Commission’s purview. Although details are not available, how the governor will meet the emission reductions of the new Climate law remains unclear and CRG strongly disagrees with the governor’s short-sighted decision. Legislation could be considered that requires data center generator use of low emission fuel now in development and available when the first centers have been constructed in the County, thereby ensuring collection of the $41M tax revenue estimated from our new neighbors while meeting our stated emission reductions by 2031. A final point: A recent analysis in a letter to the editor in the Frederick News Post (https://fredericknewspost-md.newsmemory.com/?publink=1d8956d16 _134d16f) of not only revenues, but costs associated with the data center workforce (construction workers, center operators, electricians) and their families — particularly education for children of these individuals — suggests a $30M shortfall above the revenue collected. Shouldn’t there be a re-examination of fiscal benefits and debits associated with our new neighbors? Multiple comments (pro and con) followed this letter in the Frederick News Post, indicating that a re-examination of fiscal benefits and debits associated with our new neighbors might be appropriate. SEE BELOW FOR INFORMATION ON THE FINAL DCWG MEETING THIS WEEK. Update on a New Downtown Mixed-Use Building in the Carroll Creek Overlay (CCO) Last April (2023), the CRG newsletter mentioned the possibility for a new mixed-use building at the corner of Carroll Creek and South Market Street (another City brownfield site) in the context of the developer’s application for a revision to the Land Management Code (LMC) for a greater density allowance in the CCO. The Planning Commission (PC) approved the LMC revision in July 2023. Now for the update. In January, 2024, the Historic Preservation Commission (HPC) held the first Level I workshop to consider the project. The developer has proposed a 3- to 5-story mixed-use building with structured parking and commercial space on the first floor and 4 floors of one- and two-bedroom apartments, some with balconies, plus a rooftop deck. The deck will be at the fourth floor level above the 3-story portion (the façade of which will be the east and north exterior of the historic red brick 3-story building). During the workshop discussion, HPC members and City Planning staff were very enthusiastic about the project overall as it will “bring new life to the area,” provide much needed rental dwellings in the downtown core, and (hopefully) reflect the style and atmosphere of historic Frederick. Of primary concern with the proposal is the mass and scale of the building which will tower over the small, 2-story historic dwellings on E. All Saints and S. Court Street (likely blocking sunlight to these dwellings). There was, in fact, general agreement among HPC members that a 4-story building would be much more compatible with the area. Other concerns noted are the minimal setback from S. Market Street and adjacent properties and disruption to the lives of residents of these properties during construction, some of the materials proposed, and relationship of the building to Carroll Creek Linear Park. Several recommendations were made to the developer for revision of the application. CRG will watch the progress and keep you posted about future HPC and PC workshops and hearings so you can weigh in when public comment is solicited. Charter Review Update City residents are anxiously waiting for forward progress on recommendations of the Charter Review Committee. Delivered to the City in late 2023, these recommendations are now in review by City staff with comments due late February. CRG trusts the delivery date will be met and anticipate a schedule of public workshops as well for this critical update on the best structure for City government as the City grows exponentially. A published schedule is critical to assure the recommendations are brought to the Board of Aldermen for a vote to enact or reject, in a timely manner. The year-long efforts of the blue ribbon, mayor-selected Charter Review Committee as well as the City’s residents deserve as much! County Response to Public Health Incident  CRG compliments the County administration for recently establishing protocols to better protect incarcerated individuals and staff at the County’s Detention Center. A March 2023 sewer back-up where sinks, toilets, and showers were compromised with black water and hazardous overflow motivated Frederick's RISE organization to request that the office of the County Executive investigate the incident, ideally to ensure future elimination of unnecessary exposure of everyone at the Center to health-threatening conditions. The County's January 9 response in a meeting with RISE representatives led to a new policy with established procedures to better respond to similar events in the future. The takeaway is that when approached the County Executive's staff formulated policies to protect ALL Frederick County residents from possible public health threats, an example of County government responsiveness to resident needs. Climate Summit The Climate Summit convened by Mobilize Frederick and Hood College on February 2 and 3 provided a comprehensive review of recent progress in addressing our new climate across the City, County, and state. At this second annual meeting, ~400 registrants had the opportunity to listen to updates on state agency efforts and state legislation under consideration to address this new crisis we now face. Presentations and panel discussions spanned environmental justice, green funding options and schools, agriculture, data centers, and electrification. Breakouts were organized around local food systems, green environmental education/outdoor learning, resources for energy efficiencies for healthier buildings, expanding nature in local communities, and sustainable career possibilities. There were also 52 exhibitors present covering construction, housing, food access, power, education, voter registration and several candidates, and natural resources. For a summary, see details at MobilizeFrederick.org. South Frederick Corridor County Planning staff presented a complete description of the South Frederick Corridor small area plan to the County Council on January 30, focusing on the advantages of form-based code for the area between Routes 85 and 355 (pdf download: https://frederickcountymd.gov/DocumentCenter/View/349853/SFCP-presentation-to-CC-2024_01_30-002.pdf). The detailed summary included Q&A with commissioners who indicated strong support for the comprehensive, intelligible plan and admiration for staff's effort. Three workshops are scheduled followed by hearings. CRG looks forward to more in-depth dialog between staff, Council members, and the public to determine a final design of this critically important residential and commercial area of our County. Upcoming Meetings and Events City Historic Preservation Commission: Thursday, 2/8/2024 at 6 pm at City Hall: Demolition of dwelling at 7518 N. Market Street for purpose of constructing Wormans Mill Court Apartments north of Rose Hill Manor Park County Data Center Work Group: Thursday, 2/8/23 at 6 pm at Winchester Hall. Final meeting of the work group. County Planning and Permitting Department Open House: Thursday, 2/8/23 from 5–7:30 pm at the Prospect Center. Room G, 585 Himes Avenue, Frederick Have you ever wanted to take a shot at planning for Frederick County’s future? Livable Frederick will be hosting a playful exercise during the Planning & Permitting Community Outreach Event. It will provide an opportunity for YOU to step into the shoes of local planners. Limited time slots are open so be sure to register! https://www.frederickcountymd.gov/FormCenter/Planning-and-Permitting-32/Livable-Frederick-Activity-Registration--330

__________________ See the CRG blog at: responsiblegrowthfrederick.com Contributors: P. Gallagher, S. Jakubczyk, E. Law, R. Robey, M. Rosensweig, K. Sellner 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.

Discussion: January 23rd, AFFORDABLE HOUSING IN FREDERICK

 JOIN THE DISCUSSION:

AFFORDABLE HOUSING IN FREDERICK
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Tuesday, January 23 — 6 to 7:30 PM
Gravel and Grind Coffee  |  15 E 6th Street  |   Frederick, MD 21701

CRG is excited to announce our first Critical Issues Forum, with special guest speaker, Ryan Trout. He'll discuss with attendees how best to address the need for Affordable Housing in the City and County and the challenges that come with it. Ryan has served on the Frederick County Affordable Housing Council and has developed innovative housing-related policies, program enhancements, and conducted extensive research to help produce safe, decent, affordable housing.

Ryan now works for a membership organization in Washington DC, representing the Affordable Housing ecosystem before government administrations at local, state and federal levels.

_________

As always, CRG's goal is to educate and inform, through open and positive dialogue on key issues that impact the quality of life in the City of Frederick and Frederick County.

We have plans to hold similar forums regularly; topics will include the need for more schools and how to make that happen, how best to address the pace and direction of development, and an update on the progress of the Charter Review Committee recommendations, to name but a few of the issues we hope to explore.

Please help us get the ball rolling by joining us next Tuesday, January 23rd — the weather will be warming up, and there is ample parking onsite. If anyone needs help with transportation or has any additional questions, please reach out to Steve Jakubczyk at jakubczyksteven@gmail.com.

__________________ Please join our monthly email list by clicking here. Contributors: P. Gallagher, S. Jakubczyk, M. Rosensweig, K. Sellner 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.

Frederick City and County News of Interest VOL. 3, NO. 1 | JANUARY 5, 2023

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.

Click on an article title here, to jump to that article:
Sugarloaf Overlay
Brickworks Update
City and Council Address Urban Schools and MPDUs
VPRO Action
Downtown Hotel
Upcoming Meetings and Events
_____________

Moving into 2024…
CRG’s priority issues for focus in 2024 are:

• revisions to the City Charter and direct engagement between the Neighborhood Advisory Councils (NACs) and the Board of Aldermen and mayor
• expanded City fiscal commitments to construction of schools and moderately priced dwelling units
• adoption and implementation of a Form-Based Code for the City’s Small Area Plan locales
• implementation of modest regulations for public safety from City businesses focused on Bring Your Own Bottle (BYOB) operations and potential cannabis legislation similar to the County’s recent proposal.

As well, we assert that revisions to the Land Management Code are desperately needed for consistency with the 2020 Comprehensive Plan, including assessment procedures for the expanding numbers of brownfield (contaminated) properties within the City’s boundaries.

In the County, the 2022 data center ordinance needs substantial revision to protect current power and water uses, adjacent property operations and value, and water and habitat quality of the natural environments that characterize our treasured natural resources. Evaluations of Small Area Plans for Sugarloaf and the 85-355 Corridor must continue with greater resident input. Development moratoria are proposed for both the City and County to encourage responsible growth that accommodates future infrastructure needs of current and anticipated residents, their work and recreational lives, and  education of the County’s youth.

As the 2024 primary and general elections and the 2025 City elections approach, the CRG newsletter will document candidate positions on these issues. Actions during the months ahead will define our City and County in the decades beyond so CRG will strive to keep everyone informed! Please weigh in!

Sugarloaf Overlay
In a very disappointing December 19 decision after 2+ years of resident input, the County Council rejected the Sugarloaf Overlay that would have preserved and protected the Sugarloaf Mountain from future development. Only Steve McKay and Jerry Donald concluded that protecting the mountain was a fundamental treasure of the County and consistent with the Livable Frederick Master Plan. The Sugarloaf Alliance has doggedly and clearly defended the importance of the overlay, even providing a petition of over 1000 signatures backing placement of the overlay on the mountain. Kai Hagen, former councilman, and the current Planning Commission strongly encouraged adoption and former County Executive Jan Gardner voiced strong disappointment in the current Council’s decision. Reasons for rejecting the overlay included

— that the vocal residents who supported the Sugarloaf Overlay were a NIMBY effort by the community (CRG: protecting the environment is self-protection?)
— a perspective that future revenues for the County must be found for continued County infrastructure (CRG: studies show that residential development never pays for itself)
— a contention that there should be no ‘exclusionary zoning’ (CRG: all Euclidean zoning is exclusionary), and
— a belief that the current resource conservation (RC) zoning has protected the mountain adequately until now (CRG: future property owner commitments to RC are questionable).

Some Council members also rejected the overlay and its amendment constraints on data center development until the Data Center Work Group (DCWG) issues its recommendations in March and the ‘experts’ on the DCWG provide specific guidance for any data center expansion in the County. Unfortunately, there are no power or water experts on the DCWG. Accordingly,  CRG hopes the DCWG members will dig deeply into all relevant literature, information, and policies specific to this burgeoning industry to guarantee protections for all County areas, including the mountain.

You can watch a video of the Council meeting on Dec. 19 by clicking here.

Brickworks Update
On December 11, the City Planning Commission (PC) voted to revise Condition 9 — which it had imposed on the developer’s Brickworks Master Plan in October — allowing issuance of building permits for the contaminated property after Maryland’s Department of the Environment (MDE) has accepted the developer’s application to the Voluntary Cleanup Program and received and accepted a Response Action Plan (RAP) from the developer for portions of the property with contaminated soils that, according to MDE, require mitigation. MDE can issue a No Further Remediation Determination (NFRD) for some sections of the property with no or low contaminant levels. If it does, building permits will allow immediate grading and building pad or parking lot construction on the property by the developer. More contaminated soils will require rigorous cleanup and no construction until soil contamination mitigation has been completed.

CRG applauds participation by MDE’s director Barbara Brown at the hearing. Her comments were critical in drafting the PC’s final language of the revised Condition. CRG is also deeply appreciative of the thorough evaluations of all pertinent City and State requirements by the PC members whose preparations ensured appropriate text to best protect construction workers, future residents, and sales staffs for the proposed commercial and retail operations on the site, a commitment not addressed by current City staff and its legal department.

View the City Planning Commission meeting here.

City and Council Address Urban Schools and MPDUs
A City-County legislative session was convened on December 13 to explore two issues: urban school construction and moderately priced dwelling units (MPDUs). FCPS representatives presented a comprehensive description of urban schools, focusing on an urban elementary school. Their initial comments were general, outlining limitations to all school construction (funding, timelines, limits posed by current the City Land Management Code and Adequate Public Facilities Ordinance for a multi-story school on a 6 to 7 acre site should land be found or donated). State financial support is critical, ranging from 50% to 67% of needed funds with the latter larger contribution dependent on the proximity of schools in adjacent areas. Options for these schools include building classrooms above gymnasiums, cafeterias, and perhaps on roofs, reduced on-site parking and dropoff-pick up areas, available nearby on-street parking or garages, reduction in near-school shrubs to minimize hiding space for perpetrators, and safe access to local parkland. The City (3) and County (5) legislators in attendance were enthusiastic about the possibilities and will continue discussions in the future.

For MPDUs, City Alderman Shackleford and County Councilman Duckett requested joint funding for a housing study, expanding beyond the results of a 2016 study. Members requested more details on the goals and deliverables so future discussion will follow. CRG strongly supports a joint fiscal commitment to school construction and believes any potential housing study should conclude with strong recommendations for financing actual building of MPDUs.

This joint discussion organized by Alderwoman Nash is a very positive first step and a harbinger of a stronger relationship between the County and its largest City!

You can watch the joint City/Council meeting here.

VPRO Action
With the Vacant Property Ordinance completing its 3rd year, it is important to note that the City is now entering the enforcement stage. Having first required the registration of habitually vacant properties and then basic inspection in May 2024, property taxes on habitually vacant properties will be raised to accommodate for their drain on the value of adjacent properties — with taxes to be paid in full in 2025. Intended as a disincentive for recalcitrant landlords to continually hold onto such properties, the tax rate will continue to increase in subsequent years. The City still has some work to do to finalize the details which will be presented in the pending budget in May, but all signs point to this moving forward as planned. The impact of this 100% citizen-initiated ordinance passed in 2020 on areas such as the 300 block of North Market and potential ROI (Return on Investment) is enormous and long overdue. Trust that CRG is monitoring this closely!

Downtown Hotel
It appears the Downtown Hotel is a done deal and a decided issue, yet there is still a need for additional review and more public input. Although the County and the City have committed $4.5M and the State has recently chipped another $1M, the project is still substantially short of its financial goals and the State is being asked to kick in an additional $20M! At this juncture serious questions must be asked about this (over 7 years and counting) public-private partnership, such as:

• Exactly what is the City getting out of this partnership? "Tax dollars" is not a strong enough answer as the City will be responsible for the long-term maintenance of the surrounding infrastructure; plus, the length of time for the upfront investment to be amortized will be considerable.
• Is the project too large for the location on East Patrick Street? For example, does it need to be almost 300 rooms plus meeting rooms, restaurants, etc.? There is a big difference between a conference and a convention center — which one (if either) is most appropriate for the old Frederick News Post property?
• Are there better options for short- or long-term visitor accommodation available in today’s market that can truly benefit City residents who will be footing at least part of the bill?
• Does the planned deal — in which the developer will buy the property from the current owner and then turn it around the same day, and sell it to the City — need more transparency? This plan is designed to ensure funding is in place to move forward with construction.

Answers to each of these questions might provide the information needed for the City and its residents to feel confident in the project. Conversely, answers might stimulate those involved to return to the drawing board and come up with a different approach. Stay tuned!

Upcoming Meetings and Events
Ad Hoc Neighborhood Engagement and NAC Committee meeting to review staff and public comments on draft recommendations.
   January 11, 4:30 PM, City Hall

2024 Climate Summit — by Hood College & Mobilize Frederick
   February 2, 9am–5pm, Hood College
   February 3, 9am–3pm, Hood College
   More information: click here.

__________________

See the CRG blog at: responsiblegrowthfrederick.com

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

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.

Frederick City and County News of Interest VOL. 2, NO. 12 | DECEMBER 6, 2023

Frederick City and County News of Interest

This final issue of 2023 is both a summary of 2023 events and issues and a forward look to 2024. Although much was accomplished by the many community members who attended (in person and virtually) City and County meetings and expressed your concerns about, as well as support for, responsible growth in our community, the work goes on. Please continue to be informed, aware, and involved.

Happy Holidays to all.
We hope your end of year celebrations with family
and friends are full of joy, cheer, and love.
Kevin, Marge, Steve, and everyone at CRG

_______________

Please join our monthly email list by clicking here.

Contents

• Brickworks
• Future Development in City Brownfield Areas
• City Charter Review
• Ad Hoc Community Engagement and Neighborhood Advisory Council Committee
• Development Moratoria, Annexations, & Schools
• Budgets: Local and State
• Sugarloaf Overlay
• Data Centers
• City Vacant Property Registration Ordinance (VPRO)
• Gap Funding for MPDU Construction in the City
• City Form Based Code (FBC)
• Upcoming Meetings: City
• Upcoming Meetings: County

Brickworks
The City Planning Commission (PC) agreed at its November 14 hearing to consider the developer’s petition to reconsider Condition 9 of the approved conditional Master Plan for the Brickworks (BW) at South and East Streets. Unfortunately, the City legal department said the entire Master Plan must be reviewed, not just the PC requirement for site cleanup prior to issuing building permits. Stay tuned! The discussion continues on December 11 at City Hall.

Future Development in City Brownfield Areas
City staff have repeatedly stated that contaminated soils on former industrial sites are not covered in its Land Management Code (LMC) and hence the City cannot impose any mitigation of the contaminants on developers for a contaminated (brownfield) property. This is a major threat to workers and future residents of those sites. As a result, in 2024, CRG will propose text for the LMC to require that all properties are monitored to ensure public health and safety for workers and residents.

City Charter Review
The mayor-appointed Charter Review Committee has unanimously accepted a report listing 19 recommendations to modify the current City Charter. The recommendations will be presented to the mayor and Board of Aldermen this month with a request to move several major governance recommendations forward quickly to ensure they are in place by the 2025 primaries and City election.

Ad Hoc Community Engagement and Neighborhood Advisory Council Committee
This mayor-appointed committee completed its report several months ago and will convene this month to receive and respond to City staff and public comment on its recommendations. One or more workshops and hearings will be held in early 2024 for discussion and consideration of the proposed recommendations to increase resident-City partnership in City governance. The outcome of the City’s response to the recommendations will determine whether residents have an active role in engaging City officials in determining activities within their individual neighborhoods or not. Stay tuned and speak up for enhanced communication and cooperation by residents rather than the current declining role of the Neighborhood Advisory Councils (NACs) in Frederick. Information and documents here: cityoffrederickmd.gov/1638/Ad-Hoc-Neighborhood-Engagement-NAC-Commi.

Development Moratoria, Annexations, & Schools
Both the County (Councilman Steve McKay) and City (Alderwoman Katie Nash) have proposed short-term development moratoria to foster more responsible growth in our area. McKay’s proposal would set an automatic 2 year development moratorium if school capacity in a development exceeds 120% of state-computed school capacities for the development area. The moratorium can only be rescinded if school construction issues can be resolved. Nash’s targeted proposal focuses on development moratoria for designated Small Area Plan sections (currently 8) of the City that would require rezoning for the proposed development.

The City continues to annex portions of County land surrounding the current City boundary with annexation often leading to substantial City fiscal commitments to maintain infrastructure built into these developing areas and, if residential areas, collection of a suite of fees including school impact and mitigation fees. CRG encourages City officials and staff to undertake long-term assessments of these new areas for future City-required funding as well as school capacity limits like those proposed by Councilman McKay for County areas.

Budgets: Local and State
Both the City and County are preparing budgets for FY2025 and it is important to identify infrastructure, social needs, and education demands that must be addressed as both the City and County continue to grow at the fastest rates in the state. The City suggests it will focus on funding community projects (perhaps community centers on the West side) to best help underserved portions of our community but specifics are needed.

In CRG’s opinion, the expanding school construction and education demands across the County should be the budgetary focus of the County Executive and County Council. At the state level, continued focus on regulations for bring your own bottle (BYOB) businesses, currently unregulated in an ‘anything goes’ operations model, and deployment of speed cameras beyond school zones to reduce post-pandemic municipality speeding on all streets, remain needed state commitments.

Sugarloaf Overlay
Decisions on development and protection of the natural environment of Sugarloaf Mountain remain elusive, passing back-and-forth between the County Planning Commission and Council with each reluctant to make a final recommendation. CRG seeks some stated commitment from the County Executive to move this forward in a final decision within the next few months.

What You Can Do
The County Council will hold a hearing on Tuesday, December 12, beginning at 5:30pm, to hear public comment on the Sugarloaf Rural Heritage Overlay Zoning District amendment to the Sugarloaf Plan. Our friends at the Sugarloaf Alliance believe this may be the “do or die” moment in the community’s effort to support preservation in this part of the County. The Alliance has identified 3 steps to assist in convincing the Council:

1. Attend the County Council meeting Tuesday, December 12, beginning at 5:30pm.
2. Sign a petition to keep data centers out of the Sugarloaf Plan area. (Click here to sign the petition and leave comments.)
3. Donate to the Alliance for its legal fees to retrieve County documents on potential data center development on the property. Share your comments with County Council by email; click here for information on sending in comments and contacting the Council members by email. Please share this information with neighbors!

Data Centers
Decisions on development/construction of data centers on the 2100-acre Eastalco site are in limbo. Maryland’s Department of the Environment (MDE) has found that the owner, Quantum Loophole (QL), has engaged in substantial environmental violations, with no resolution yet on what QL must do to remedy these problems, as well as address potential contaminants in approximately 1600 acres of the site.

The state’s Public Service Commission (PSC) has also weighed in, despite considerable political and economic pressure, to limit the use of 168 diesel-powered generators by Aligned Data Centers, the first corporation seeking to build 4 data centers at the property. The PSC decision was based on compliance with the state’s just-passed Climate Solutions Now Act that provides greenhouse gas emission limits across the state. This decision poses substantial obstacles for other data center corporations for the Eastalco site as diesel generators are the normal emergency power sources during temporary power reductions to data centers.

The County’s Digital Center Workgroup remains in deliberations into March, delayed by the County Executive as the governor seeks to sway the state legislature to modify its requirements that allow data center development and operation. CRG supports data center construction and operation, but only if a number of issues are resolved, including responsible guaranteed supplies of power to centers AND residents and businesses; cooling water recycling and enhanced stormwater controls; low noise generation; guarantees for local residents for property protection and quality of life; and long-term safeguards of local creeks, forests, and wildlife. This can be done, but political commitment is required. What partnered policies are ahead in the County and City to ensure realization of promised tax revenue without compromising the assurances needed remain unresolved.

City Vacant Property Registration Ordinance (VPRO)
December 2023 marks the end of the 3rd (and most critical) year of the 4-year City regulation to reduce/eliminate the stock of long term vacant properties in the City.

In year one, owners of vacant properties were advised that by the end of the year (December 2021), their properties were to be registered and at the end of year two (December 2022), properties vacant for 2 years (since December 2020) would be inspected in year 3 (January–December 2023). These time frames apply to any properties vacant for a year.

At the end of year 3 (December 2023), taxes are to be applied. Per the municipal code Section 12.5-58, “A vacant property that remains vacant for a period of at least three (3) years will be deemed a habitually vacant property for tax purposes as specified in Chapter 8, Article V of this Code.” The regulation implies, therefore, that properties vacant as of December 2020 are now subject to increased property taxes. CRG posits that if the City is enforcing the ordinance properly, property owners should have already been notified of this tax increase and where appropriate, increased escrow or actual collection of the tax in mortgage-free properties should have begun. CRG has contacted City staff on several occasions and will continue to do so in order to ensure that the City is implementing this critical step. Look for updates in our January Newsletter.

Gap Funding for MPDU Construction in the City
Currently the City is playing catch up in determining how to spend the money that has been accumulating over recent years from developers who chose not to build affordable units in their projects by paying fees in lieu (FIL) instead. One highly recommended option is for the City to provide some funds to developers who are building affordable housing to close the financial gap that now exists between permitting and the time for actual construction, caused by the current economic environment. This "gap financing" approach would maximize the City's investment by providing the most units for the funds spent. Shovel ready projects such as Madison on North Market and The Junction (511 and 524 W. Patrick Street) are two prime examples of projects that fit this profile. CRG encourages the City, with some urgency, to step up and help move both projects forward!

City Form Based Code (FBC)
The much discussed and thoroughly vetted FBC is still pending final review and approval. The longer it takes for this critical update to the Land Management Code to be codified, the more development projects will be able to proceed under the current rules with little benefit to the long-term design plans for the City. Greater urgency on the part of all involved is needed to assure this effort comes to fruition to avoid disconnects between current development plans (e.g. the Brickworks, Maryland Deaf Community Center, and other projects) and the City’s vision as expressed in multiple Small Area Plans written over many years. 

Upcoming Meetings: City City Mayor and Board Public Meeting: Funds for MPDUs at Overlook East, Westridge redevelopment, Code of Ethics.    December 7, 2023 — 7:00 PM. City Annex. Planning Commission: Brickworks    December 11, 2023 - 6:00 PM Fiscal Year 2025 Budget Priorities Meeting    December 12, 2023 — 7:00 PM City Budget Workshop    December 12, 2023 — 7:00 PM Mayor & Board of Aldermen Business Meeting/Workshop    December 13, 2023 — 3:00 PM City-County Joint Meeting    December 13, 2023 — 7:00 PM Historic Preservation Commission    December 14, 2023 — 6:00 PM Legislative Priorities Meeting with Frederick County Delegation    December 18, 2023 — 9:00 AM    Agenda and Staff Reports Citywide Planning Department Community Outreach Meeting    December 18, 2023 — 6:00 PM Zoning Board of Appeals    December 19, 2023 — 7:00 PM Mayor & Board of Aldermen Workshop    January 3, 2024 — 3:00 PM   Upcoming Meetings: County County Council Meeting: Calumet Development and County commitments to water, sewer, and road infrastructure.    December 7, 2023, 5:30 PM. Winchester Hall. County Council: Overlay District Hearing    December 12, 2023 — 5:30 PM. Winchester Hall. Data Centers Workgroup Meeting    December 12, 2023 — 6:00 PM. Winchester Hall. __________________ See the CRG blog at: responsiblegrowthfrederick.com Contributors: P. Gallagher, S. Jakubczyk, M. Rosensweig, K. Sellner CRG is a grassroots coalition of Frederick residents who prioritize responsible growth, expanding infrastructure, and a functional natural environment. We advocate for development that accommodates projected population increases while fostering a strong and diverse community fabric and increasing economic opportunities. Our comprehensive approach emphasizes public safety, traffic mitigation, increasing school capacity, and housing for all members of our community. Many Frederick residents want to know — but cannot find — information about how to participate in discussions of important local issues. The City and County generally hold meetings from 3–10 p.m., making it impossible for most of us to attend meetings or weigh in on issues of interest. Our mission with this monthly newsletter is to highlight City and County activities so you can learn more and, with your limited time, weigh in on areas of growth and development, City and County policies, and other local activities. Occasionally, opinions or longer stories will be offered by knowledgeable experts/readers. We welcome suggestions for articles focused on specific topics. Contact Kevin Sellner (kgsellner@gmail.com), Marge Rosensweig (marjorierosensweig@gmail.com), or Steve Jakubczyk (jakubczyksteven@gmail.com) for consideration of your issue.

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Frederick City and County News of Interest VOL. 2, NO. 11 | NOVEMBER 8, 2023

 Frederick City and County News of Interest

CRG is a grassroots coalition of Frederick residents who prioritize responsible growth, expanding infrastructure, and a functional natural environment. We advocate for development that accommodates projected population increases while fostering a strong and diverse community fabric and increasing economic opportunities. Our comprehensive approach emphasizes public safety, traffic mitigation, increasing school capacity, and housing for all members of our community.
_______________

To our readers:

To find more information on the topics discussed in the newsletter, and to learn how to reach out to decision makers on issues to express your thoughts, look for the subheading "WHAT YOU CAN DO" for useful links or suggestions throughout this newsletter.

The newsletter is organized with dynamic links so you can click the topics listed here, to connect to the specific topics below:
City Rental Property Registration
Data Centers
Brick Works
West Side Regional Park
City Charter Review
City Affordable Housing
County Development Moratorium: School Capacity
County and City Climate Plan
Upcoming Meetings and Events
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City Rental Property Registration
As a result of two recently enacted City ordinances (G-23-09, G-22-12), all (rented/leased) Single Family, Townhome, Condo, and Duplex units in the City must be registered in order to meet minimum maintenance standards (frederickmd.gov/rentals). This provides excellent protection for individuals and families in rental units as minimum maintenance standards that protect public health and property conditions are ensured through this program. CRG applauds this progressive solution to all residents living in rental properties, with praise for City Board member Donna Kuzemchak in her efforts to create and adopt this requirement.

Data Centers
Two recent data center developments have occurred within the last month. The most remarkable is the withdrawal of the Aligned Data Centers' application for construction and operation of its data center campus at the Quantum Loophole (QL) Eastalco site near Adamstown. Earlier this summer and based on greenhouse gas emissions, MD’s Public Service Commission (PSC) had rejected Aligned’s request to receive an exemption for operating 168 diesel generators as its backup power for the 4 data centers it would construct over the next few years. Aligned’s request for a rehearing was denied, resulting in the corporation’s withdrawal of its planned data centers. The PSC’s commitment to enforcing the recently adopted state Climate Action Now legislation and reduction of GHGs by 2040 warrants resident support as an initial state commitment to an actual climate mitigation strategy, ideally showing the state’s resolve in reducing local climate conditions that now threaten public health and local infrastructure resilience. Considering the intense and comprehensive political pressure the PSC faced to reverse its position, their resolve is remarkable and indicative of its members’ integrity. There is no doubt that alternative backup power options can be used in the future so the loss of one corporation’s development is only short-term.

In a second center development, the Rowan Corporation has indicated its interest in constructing a data center campus on a 151-acre site within the QL Eastalco property. It held an open house in Adamstown on October 24 where Rowan staff met with the public to offer its preliminary plans for its center development. It would build the facility and then lease or sell the campus to companies interested in data center operations in the County. Its water demand for cooling center computing equipment is low, at 0.4 million gallons per day in a recirculation system with underground water storage, a plus for concerns on use of County-generated water supplies for the QL data centers. CRG is interested in more complete details on power demand and backup power supplies.

The County’s Data Center Working Group’s (WG) progress remains uncertain as the most recently scheduled WG meeting was cancelled. These delays are unfortunate as revisions to the County’s Critical Data Infrastructure ordinance are needed quickly before additional data center corporations submit applications for construction and operation.

WHAT YOU CAN DO
You can find details about the Frederick Data Center Workgroup here (frederickcountymd.gov/8544/Data-Centers-Workgroup). Scroll to the bottom of the web page to send comments to the Workgroup.

Brickworks
As many/most City residents are aware, on October 17 the Planning Commission (PC) approved the Greenberg Gibbons’ (GG) Master Plan proposal — with conditions. Although many community residents were not pleased with the approval, the conditions address some of the most concerning aspects of the proposal. Public comments (both in-person and via e-comment) addressed by the PC conditions and modifications included:

Environment — From the beginning of public discussions of the Brickworks plan, residents have stated their concerns about the environmental contaminants at the site, an issue unaddressed by the developer until raised by residents. GG asserts its commitment to work with the Maryland Department of the Environment (MDE) to fully remediate the site. To assure this occurs, the PC attached a condition (Condition #9) that MDE certify remediation of any section before construction on that section occurs. We note the process of remediation itself poses environmental hazards to workers and surrounding residences and expect these remediation efforts will be carefully monitored (see discussion below beginning “The October 26 FNP…” for GG’s response to Condition #9).

Parkland — Commenters and PC members indicated the inappropriate location (on the west side of East Street) for what would be, essentially, the only real green space for more than 1,200 residential units. This space is difficult to reach across a high-trafficked 4-lane East Street with no parking to accommodate users of the park. In response, the PC’s condition is that there be a dedicated park of at least 3 acres within the main body of the project where all residences are located.

Building Setbacks — The Land Management Code (LMC) requires a maximum 20-foot setback from the streets and building access on the street side of public street-oriented buildings as opposed to the proposal’s request for modifications to allow greater setbacks, four-sided architecture comprised of artwork, landscaping, and 4-foot walls along Monocacy and East street (but not window or doors required by the LMC), etc. The developer asserted that these modifications were necessary to attract a premier organic grocery store to the site. The PC denied this modification request.

Thus, not only did the developer ask for substantial changes to the LMC to modify its requirements to fit the needs of a retail vendor, the plan is contrary to the long-awaited Form Based Code (FBC) for the East Street Corridor (https://www.cityoffrederickmd.gov/1584/Form-Based-Code). Ironically, draft 2 of the FBC was published for public review and comment on the day of the PC hearing. Pages 15 and 92 of this draft display renderings of FBC street grid and building usage. Sentiment among many City residents is that the FBC on which countless City staff, consultant, and resident hours have been spent should guide all future plans for the Brickworks.

GG Petition for Reconsideration
The October 26th FNP featured an article (“Brickworks developer reviewing impact of Planning Commission decision on project”) that stated some of the requested modifications “were integral to our proposed site design” and they will provide “an update…moving forward.” A few days after the FNP article, GG submitted a petition to the PC requesting a reconsideration of the environmental review condition. This petition asserts that Condition #9 is incorrect and “based on mistake, inadvertence... or other cause.” The petitioners further assert that MDE “routinely” approves capping (i.e., “with a foundation, slab, sidewalks, parking, etc.”) for a Voluntary Clean Up Program (VCP). We wonder if this “routine” and “customary” practice in any way ensures that workers at the project or current and future residents are properly protected, especially when a building permit — and subsequent construction — occurs prior to remediation. We wonder as well if “routine” and “customary” addresses the aftermath — i.e., what happens if capping is found not to contain the toxins in the soil? Is someone responsible for remediation at that point? If so who: the developer, the City, MDE, or the residents who are left exposed to the contaminants?

Related, but not limited to the proposed Master Plan, Alderwoman Katie Nash announced an initiative that would pause approvals of final site plans or preliminary subdivision plat reviews where the City is conducting comprehensive rezoning. This tightly focused moratorium would primarily apply to those parts of the City that currently have Small Area Plans as goals. This proposed ordinance would prevent another Brickworks where a developer has submitted a project plan “just under the wire” before rezoning can be finalized.

Westside Regional Park
At their October 19, 2023 public hearing, the Board of Aldermen (BOA) approved a resolution for a Westside Regional Park action plan. The park currently contains Sophie and Madigan's playground and the National Park Service Historic Preservation Training Center (a leased facility). The plan and its costs will be developed by the Ausherman Family Foundation rather than the City itself, although City representatives will be kept ‘in the loop’ during the process. The study will employ a holistic approach, in collaboration with the nearby community which has expressed several concerns. Two prominent issues are community members’ surprise at the placement of the library without any consultation and the realization that the original hope that the planned Community Center would be integrated with the library will not happen. The promised Community Center remains an underfunded budget item with no actual progress made to move this forward. Hopefully with the additional involvement of the Ausherman Family Foundation, the final result will incorporate feedback from the community for its needs and desires for the park. CRG looks forward to a presentation, to the BOA and the community, of the final priorities for the facilities and amenities, together with the formulation of an action plan that includes budgets and timelines for plan implementation.
 
City Charter Review
The Charter Review committee completed its review of their recommendations on November 2 to be followed by a November 30 meeting to finalize their report. The intervening 3 weeks will allow for additional public comment and CRG strongly recommends public input on the document once posted on the City website.

Meeting bi-weekly for over 6 months, the Committee members discussed, developed, and compiled 19 recommendations for consideration by the Mayor and BOA for updating the current Charter which guides City governance. Chief among the Committee's recommendations are:

• term limits for our elected officials: Two 4-year terms for the Mayor and three 4-year terms for the BOA (recommended to be called 'City Council').
• resident voting: Allowing voting by every City resident in local elections. Admittedly a contentious issue, it is notable that this proposal was thoroughly vetted by the Committee with emphasis on both documented and non-documented residents. Key factors included multiple municipalities in Maryland allowing the same opportunities for participation in the voting process along with the extraordinary length of time (6–20 years) it now takes to become a citizen. 
• districting: Future election of Alderpersons should be done by district vs. the current policy where all Board (Council) members are at-large officials. Details will need to be finalized in the coming months but dividing the City into 5 districts with each represented by an Alderperson (Council member) along with 2 Alderpersons (Council member) elected to at-large positions seems the most likely option.

It is important to stress that the Committee is only making recommendations they feel will move the City forward and provide a more inclusive and updated form of government. The critical next step is for a public review and the eventual approval by the Mayor and BOA.

CRG thanks each member of the Committee for her/his diligence and hard work and sincerely hopes that the City equally respects their efforts by thoroughly and carefully considering the recommendations and put each to a public vote.

WHAT YOU CAN DO
The Charter Review Committee's final report and recommendations will be available November 30 and we urge you to read it and make comments on the City website. You can follow that process here: www.cityoffrederickmd.gov/1626/Ad-Hoc-Charter-Review-Committee.

City Affordable Housing
At its November 2 Public Meeting, the Mayor and Board considered two items intended to expand the availability of affordable housing in the City: the Overlook East Affordable Housing Project and MPDU Legislation.

In September 2014, the City adopted a PILOT (Payment in Lieu of Taxes) resolution to support low- and moderate-income housing. This, now effective, resolution enables owners of certain housing projects to reduce City and County real estate taxes during the term of the agreement. The unanimous vote at the November 2 BOA meeting confirms that Overlook East, an 85-unit new housing development adjacent to a rehabilitated City-designated historic building with 6 units, will be credited (beginning March 2024) by the City $34,035 and $44,200 by the County to real property taxes due for the property during the term of the agreement. According to the developer, the buildings are Energy-star certified, and offer many amenities to residents including in-unit washers/dryers, HE HVAC units, a tot lot, and more. PILOT appears to be a substantial win for affordable housing!

Frederick City Ordinance 13-02, passed in 2013, was intended to provide “developers of projects subject to a requirement to construct Moderately Priced Dwelling Units (MPDUs) with the option to pay a certain fee in lieu (FIL) of such construction; and providing for the termination of this ordinance.” Since that time, the Ordinance has been amended several times to strengthen language, etc., most recently at the above-noted November 2 meeting. The revised version takes effect immediately, meaning that any development project application submitted hereafter must comply with its terms; projects currently in the pipeline are subject to existing MPDU provisions until November 2. Among the revisions are:

• Changes in the “control period” from 30 years to 40 years. This means that these residences remain in affordable housing stock for a longer period of time than heretofore.
• Establishment of a median income for City residents and identifies eligible MPDU participants as those whose income is between 30% and 80% of that median.
• Changes the FIL amount from $16,000 per required MPDU to an amount based on the square footage of new homes sold in the City.
• Uses FCAMI (Frederick County Adjusted Median Income) to guide rental rates:

The new ordinance should result in substantial increases in constructed affordable housing plus much higher revenues collected as FIL that can be used for other affordable housing construction or ‘gap’ funding to cover costs that a developer encounters between permitting and construction of other affordable housing. CRG applauds the change, THANK YOU BOA! County Development Moratorium: School Capacity In addition to the City development moratorium discussed earlier in this newsletter, County Councilman Steve McKay held an open discussion on October 28 at the Urbana Library and outlined his pending moratorium for residential development. The moratorium is specifically designed to address school capacity in the County, i.e., if a school capacity in an area exceeds 120% of the state estimated school’s capacity, a moratorium on residential construction will automatically be invoked for up to 2 years to allow for allocation of school construction funding through the County’s Capital Improvement Plan (budget). There are exemptions for construction of <60 unit developments, senior-restricted developments, and those building affordable or moderately priced dwelling units (MPDUs). The moratorium policy is not applicable to municipalities, an unfortunate omission due to mandated independence of municipalities from County governance. This is a huge inconsistency as Frederick City has a policy to allow development independent of providing schools for new residences, passing that requirement to the County with no obligation for notification, land donation, nor school construction funding. Passing on children’s education to the County without any obligation for school building based on a City decision on residential development within its borders is inappropriate. To ensure access to adequate quality education, CRG will, with your help, work to convince City officials to eliminate this provision and instead, partner with the County by requiring land and funds for school construction in new residential areas of the City. County and City Climate Plan The County and City have provided $300,000 and $200,000, respectively, to the Metropolitan Council of Governments for updating modeled estimates of greenhouse gas (GHG) emissions and development of an implementation plan for reducing emissions and building local resilience, with a particular focus on the underserved community. It is anticipated that Mobilize Frederick, the non-profit formed following submission of its two-volume set of recommendations addressing the area’s new climate, will partner with the County and City departments in this effort. CRG applauds this next step in providing responsible actions to minimize climate impacts, ideally with inclusion of the detailed steps, equity focus, and funding identified in the Mobilize Frederick report from two years ago, found on the home page at MobilizeFrederick.org.   Upcoming Meetings and Events County Planning Commission, Nov. 8, Winchester Hall, 9:30 AM. Discussion of new mixed use development considerations as well as expansion of the Linganore Priority Funding Area. Electrify Everything Event, Nov. 9, C. Burr Artz Library Community Room, 6:30 to 8:30 PM. Learn how you can protect your family's health, save money on your home energy bills, AND fight climate change at the same time City Planning Commission, Nov. 13, City Hall, 6 PM. Anticipated Brickworks petition for revising/deleting PC requirement for timing of soil contaminant cleanup vs. construction. __________________ See the CRG blog at: responsiblegrowthfrederick.com Contributors: P. Gallagher, R. Huber, S. Jakubczyk, M. Rosensweig, K. Sellner Many Frederick residents want to know — but cannot find — information about how to participate in discussions of important local issues. The City and County generally hold meetings from 3–10 p.m., making it impossible for most of us to attend meetings or weigh in on issues of interest. Our mission with this monthly newsletter is to highlight City and County activities so you can learn more and, with your limited time, weigh in on areas of growth and development, City and County policies, and other local activities. Occasionally, opinions or longer stories will be offered by knowledgeable experts/readers. We welcome suggestions for articles focused on specific topics. Contact Kevin Sellner (kgsellner@gmail.com), Marge Rosensweig (marjorierosensweig@gmail.com), or Steve Jakubczyk (jakubczyksteven@gmail.com) for consideration of your issue.

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