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:
Last issue, we added a new feature
to help readers find more information on the topics discussed in the
newsletter, and learn how to reach out to decision makers on issues to
express their thoughts. Look for the subheading "WHAT YOU CAN DO" for useful links or suggestions.
The newsletter is organized with dynamic links so you can click the topics listed here, to connect to the specific topics below:
Brick Works Update
City Fees-in lieu
County Schools/City Schools
Data Centers
City Planning Commission & Westridge Development
City ‘Brownfield’ Issues
City Ad Hoc Communication and NAC Engagement Committee
City Charter Review Committee
7th Street Fountain
Form-Based Code (FBC) Update
Downtown Hotel
Public Input via City and County Meetings
Upcoming Events
Brick Works Update
The
long-awaited City Planning Commission (PC) public hearing on the Brick
Works Master Plan was postponed when time ran short to complete the
packed agenda before an 11 PM deadline for beginning a new topic.
Although nobody in the hearing room was pleased by the delay, all
recognized that this issue requires more than a cursory review. The new
hearing date is September 11th at 6 PM at City Hall, and the Brick Works
project is the main agenda item.
WHAT YOU CAN DO
We strongly encourage residents and other interested parties to attend
the Planning Commission meeting September 11th at 6 PM at City Hall and,
if possible, provide public in-person or web-based comments. For the
latter, send your comments to Gabrielle Collard (gcollard@cityoffrederick.md.gov) and request they be sent on to the PC members.
City Fees-in lieu
On
August 2nd, a City workshop was held to discuss the multiple fee-in
lieu (FIL) options the City offers to developers. These fees are paid
when a developer chooses NOT to meet the required commitments to
schools, parkland, moderately priced dwelling unit (MPDU) construction,
and forest conservation. Alderman MacShane criticized the City’s
executive for collecting the funds but not allocating them within the
documented manner required when the ordinances were established. The
most egregious example is the MPDU fund approximating $5M with projected
new FILs raising that to $15.5M within a few years. No MPDUs have been
built with any of the collected funds since the inception of the program
to meet the affordable housing needs of the City.
In this regard, CRG and others are encouraging the City to adopt the new County requirements, which substantially raises
the FIL amount, as well as potentially providing ‘gap’ funding (funds
needed between property purchase and actual initiation of construction)
to aid and encourage current and future MPDU projects. There is some
hope for progress as the mayor just announced a new commitment to
increase MPDU construction and use collected FIL funds for some gap
funding. This is a fantastic opportunity to provide routine
affordable/workforce construction for a portion of the estimated 400
MPDUs that are needed to be built annually for our residents working 2–3
jobs, seniors, service staffs, teachers, firefighters, police officers
and first-time homeowners.
WHAT YOU CAN DO
Write to Mayor Michael O'Connor and the City Alderpersons to ask the
City to use the FIL funds collected already, and to consider adopting
similar or the same requirements that the County has adopted for FIL
payments.
County Schools/City Schools
The
County Planning Commission agreed to the FCPS request for a new Valley
Elementary School and Green Valley Elementary School. Although many new
schools are needed across the County, these two were accepted and can
now move forward. The downside is that the schools are being built for
the current number of students and not for future enrollment, which is,
in our opinion, very short-sighted.
For the City of Frederick, in desperate need for new schools, there are
none currently being constructed despite the obvious and substantial
development happening throughout the City. There are 2 elementary
schools on the County’s projected wish list but neither are funded nor
have a place to be built. In fact, as providing land for future schools
is not required of any past, present, or future development project in
the City, even if the County called the City tomorrow and offered to
build a school immediately, the answer from this administration would be
“thanks, but we do not have a site to put it in.”
This results in the expanded use of portable classrooms and increases in
class size, both to the detriment of the quality of education for our
children. There is some positive development as the City and County have
just agreed to expand communications on City school construction and
use of City FILs and Impact Fees for possible future construction.
Bottom line, however, is that the LMC needs to be revised as soon as
possible so no future housing project could be approved by the City
without the developer providing either land or critical funding towards
the construction of a school.
Data Centers
In
a stunning decision, MD’s Public Service Commission (PSC) rejected
Aligned Data Center’s choice of Emergency Power. Align is the first data
center corporation on the Quantum Loophole (QL) Eastalco center campus
and as the initial corporation building a data center, sets precedents
for future data center construction and operations at the 2100-acre
site. The Aligned Data Centers application was seeking an exemption from
the Certificate of Public Convenience and Necessity (CPCN) process to
construct 168 diesel generators for 504 MW of center backup power. As a
must-run facility, Aligned Data Centers cannot proceed without emergency
backup generation and diesel generators were the standard, high
emission solution. The decision puts other corporations on notice that
high emission, noisy diesel generators are not acceptable, at least at
this point, and are not in accord with MD’s environmental regulations
and goals.
The PSC directed Aligned to the CPCN process if it wants to continue
applying to install its 168 generators. The CPCN process includes a
mandatory public hearing and would take nine to 12 months to complete,
altering Aligned's schedules substantially. The PSC decision, however,
has just been challenged by Align, with the corporation seeking a
rehearing with technical details on likely emissions as well as plans to
minimize the emissions, small as they may be, by purchasing Renewable
Energy Certificates (RECs) that ensure energy from renewable sources.
Letters supporting their plans were submitted from the governor, state
and city departments of commerce, multiple trade unions, several tech
companies and organizations, four state delegates from District 4, and a
PHX Math and Science program leader. Most of the supporting letters
focused on the revenue to be gained from data center operations,
ignoring PSC’s obligation to examine environmental impacts of a proposed
project.
Alternatives to diesel generators are gas turbine generators, which will
require a gas pipeline, a utility scale battery, fuel cells, and
biofuels for diesels. Potomac Edison may not legally supply any of these
alternatives due to MD law that a utility may transmit power, or it may
generate power, but not both. So alternative emergency generation
would have to be owned and operated by Aligned, QL, or a third party.
This is a huge development resulting in a recent Datacenter Dynamics industry news article under the title, Maryland puts a knife into data center diesels (https://www.datacenterdynamics.com/en/opinions/maryland-puts-a-knife-into-data-center-diesels/).
In another development, the County’s Data Center Work Group (DCWG) held a
public meeting at Adamstown’s Carroll Manor Elementary School on August
30. Four groups presented extended comments on technical details for
the DCWG members to consider as they decide on revisions to the current
general Critical Data Infrastructure (CDI) ordinance (https://www.frederickcountymd.gov/8544/Data-Centers-Workgroup).
After the lengthy presentations from these groups, DCWG members posed
questions to the speakers, followed later by extensive public comment,
mostly from Adamstown residents as well as members of the International
Brotherhood of Electrical workers (reminding attendees of the continuous
work their members do during construction and operations). Everyone
present supported construction of the data centers (County and state
‘done deals’) but strongly encouraged the DCWG to establish rigorous and
enforceable construction and operation requirements. Focus areas
included water use and stormwater concerns, hazardous chemicals and
cleanup, electricity demand and impacts on other users during power
failures, data center sprawl beyond the Eastalco site, and the extreme
noise likely from 500–1000 diesel generators that centers might employ
during power interruptions. Multiple requests were made to require
escrow, bonds, or other financial options for corporation protection of
neighbors, floodplain, creeks, soils, and groundwaters. In the next
meetings, DCWG members will seek outside independent experts for
additional technical details/clarification and CRG and many others are
hopeful that members will receive a detailed summary of tax breaks given
to the center corporations, revenues to be collected from corporations,
and how those revenues will be used for County activities.
WHAT YOU CAN DO
Attend or watch the Data Center Work Group meetings and offer your thoughts to the Work Group on data center development. https://www.frederickcountymd.gov/8544/Data-Centers-Workgroup
City Planning Commission & Westridge Development
On
August 14th, the City Planning Commission voted to allow the
multi-family construction at the Westridge property on the Golden Mile.
Several neighborhood residents objected to the multi-family building(s)
and lack of parkland, the latter addressed with a condition to allocate
parkland FIL funds to upgrade the neighborhood park. However,
considering the City commitment to shifting the use of the dying mall
property to housing in its 2020 Comprehensive Plan, the planned
construction will hopefully meet some of the City’s huge housing needs,
as well as revitalizing that portion of the Golden Mile.
City ‘Brownfield’ Issues
The
proposed development at the Brick Works site at East and South Street
has led to substantial resident concerns regarding new residential
construction on City sites contaminated with compounds that threaten
public health and safety. The Brick Works site is contaminated with 6
materials exceeding Maryland Department of the Environment (MDE)
residential and federal cleanup standards, warranting substantial
mitigation prior to any development. The City has washed its hands of
this issue and claims that concern for contamination and the protection
of the health and safety of its residents is not their part of their job
description, falling back on the absence of specific language in the
Land Management Code (LMC) on environmental pollutants. This is despite
language in the LMC directing the Planning Department and City to
protect public health and safety. In an on-going investigation, CRG has
identified additional ‘brownfield’ conditions in the site adjacent to
the Delaplaine and East Street, the parking lot adjacent to the City
tourist bureau, and along Carroll Creek where the Wayside Apartments
will be built.
CRG suggests City Land Management Code revision
To minimize future threats to residents and on-site workers from toxic
soils and waters, CRG has provided City Alderpersons a revision to the
LMC (Sec. 722) that would require an initial survey of historical land
uses on a site, and if:
1) manufacturing, industry, or waste disposal were located therein, the
developer would be required to monitor the site for toxic contaminants
in the soils and surface and groundwaters; and
2) if concentrations of various materials exceeded MDE or federal
standards, the developer would have to mitigate the site to either
remove or reduce contaminant concentrations to levels that cannot induce
illness or cause long-term health issues for future users of the lands
or buildings.
EPA grant monies unused?
Another concern is the absence of any progress on a $300,000 grant
received in October 2021 from EPA to identify, assess, and develop
mitigation strategies for City ‘brownfields’. Had the City initiated the
grant on receipt of federal funds, perhaps the soil contaminant issue
at Brick Works and the other City sites would have been avoided.
City Ad Hoc Communication and NAC Engagement Committee
The
Committee has completed its 5–month deliberations and is drafting a
final resolution for the Board of Aldermen (BoA) and Mayor for review
and adoption. Major components include: maintaining the current 10–12
NACs; establishing a NAC Liaison Group from the NACs for, at a minimum,
direct 2-way communication with the BoA and Mayor on
resident/neighborhood issues each quarter; including NAC representatives
in City development considerations (the City’s Development Review
Conference) prior to any permits being issued; and requiring
presentations from a developer and City staff to an affected NAC for
proposed development within that NAC prior to any City permits are
awarded.
WHAT YOU CAN DO
A presentation from the Committee is scheduled for September 6th at 1 PM
at City Hall and residents interested in greater roles in City
governance and growth are encouraged to attend, as well as volunteer to
serve as NAC coordinators.
City Charter Review Committee
The
Committee is developing its final recommendations for consideration by
the Board of Aldermen (BoA) and Mayor in late September. Substantial
suggested revisions to City government are expected for structure
(distinct and empowered legislative branch with operation and legal
staff), districts, voter and candidate eligibility, election timing, and
election processes in primaries and the general election.
WHAT YOU CAN DO
The recommendations could dramatically change our charter form of
government, so resident input is critical as the Committee’s
recommendations are discussed in workshops and hearings this fall.
7th Street Fountain
CRG
congratulates the Downtown Frederick Partnership (DFP) and African
American History, Heritage, and Culture Society (AARCH) for their
decisions on renovations to the park surrounding the fountain at 7th and
Market Street (https://cityoffrederick.granicus.com/MetaViewer.php?view_id=12&clip_id=5663&meta_id=147261).
A metal sculpture is to be included in the redesign (pp. 17–21, 24,
25), memorializing the African American community members, history, and
culture in the Laboring Sons Park on E. 5th Street. This is a wonderful addition to the gateway to the historic district of the City. Thank you!
Form-Based Code (FBC) Update
According
to several reports regarding the implementation of the well-researched
and vetted FBC, a decision may have been made to not move the initiative
forward. If so, that would negate the investment of substantial City
funds to the consultant group, resident participation in the charrettes
in the past year, along with the time dedicated by City staff. CRG asks
for an official announcement from the City regarding FBC and its future,
and not a gradual decrease in actions until the initiative disappears
from the planning landscape.
WHAT YOU CAN DO
Ask City leadership to announce what its plans are for implementation of Form-Based Code.
Downtown Hotel
The
overdue Downtown Hotel and Conference Center has hit another snag as
the developer chosen by the City has requested $23.5M from the City to
make project financials work. CRG wonders whether the hotel was
accurately conceptualized from the beginning and questions whether
additional City tax revenues should be utilized for a private
enterprise. Interestingly, one version of the Brick Works Master Plan
includes a hotel in one of its 4 land bays which might indicate it as a
better location for a first-class hotel and conference center.
Regardless, CRG suggests that the City rethink the downtown hotel
effort, perhaps with new plans, new proposals, and new bids from new
developers who are properly funded to construct a hotel in another
location.
Public Input via City and County Meetings
The
leaders of both the City of Frederick and Frederick County assert a
commitment to listening to (and hearing from) residents so they can help
in guiding development and addressing issues of concern to all. We at
CRG agree wholeheartedly that resident input is important and, to the
extent possible, we encourage friends and neighbors to be involved in
all the opportunities for public comment. At the same time, we are
concerned that current scheduling practices and agenda setting are not
conducive to garnering the input the City and County say they want and
need; and we question whether the “opportunities” for public comment (at
least in some instances) are more a “let’s check this box” exercise
than an earnest effort to engage residents and gain critical insights
that can/should be factored into planning and development
considerations.
A few recent examples highlight our concerns:
Conflicting schedules: It is in the best
interest of everyone if City and County staff (all or most of whom
likely know the “hot” issues in a neighborhood) can plan meetings that
do not conflict.
- On
August 14th, the City Planning Commission (PC) held a hearing on the
Master Plan/rezoning of Westridge shopping center to accommodate both
multi-family buildings and townhouses.
- At
the same time, the County held a meeting regarding placement of a
library that west side residents have long wanted. Residents were faced
with a dilemma that need not have occurred.
Agenda-setting: Many
public meetings take place in the evening (often starting at the dinner
hour and continuing for several hours). We are aware that codes and
regulations define the schedule of board and commission (as well as ad hoc)
meetings, yet CRG questions whether constructing overly full agendas
serves anyone—City staff, commissioners, residents, or applicants. Each
agenda item requires (or should require) concentrated attention and
ample opportunity for discussion. When agendas are too long, attention
can suffer with less optimal results. For example:
- On
August 14th, the PC agenda was 10 items long, several requiring
extensive (and anticipated) discussion—especially the Westridge rezoning
(noted above) and the Master Plan approval for the Brick Works. After
3½ hours had elapsed, a decision was made by the PC chairperson to move
the Brick Works discussion to a subsequent hearing, disappointing all
attendees (including the developers). CRG appreciates the decision to
delay the hearing until September 11th and we are assured that there
will be ample time to share all perspectives. On the other hand, we find
it disappointing that this over-long agenda was even planned, given the
nature of the issues under discussion.
- On
August 21st, the Planning Department held its monthly “Citywide
Planning Department Community Outreach meeting.” On the agenda? Nineteen
items! https://cityoffrederick.granicus.com/player/clip/5655?view_id=12&meta_id=146994&redirect=true&h=ef41884734f5977a1a2df1cb0430d324.
While we understand that summer schedules might have contributed to an
increase in agenda items for this meeting, CRG is dismayed that this is
characterized as a “Presentation” in the agenda (rather than a
discussion with the developers, who are not required to attend these
meetings) and by the limited time allocated to each item. We are
especially concerned that these City-wide meetings are being held in
place of the former NAC/developer meetings which were shelved during the
Covid pandemic and were to be reinstated once in-person public meetings
were available — a preference of residents and, in fact, the BoA.
Upcoming Events
City Ad Hoc Communication and NAC Engagement Workshop, September 6, 1 PM, City Hall.
City Charter Review Committee meeting, September 7, 1 PM, City Hall.
City Planning Committee Brick Works Hearing, September 11, 6 PM, City Hall.
County Senior Services Advisory Board listening sessions to pass issues on to the County Executive:
- September 12, 6:30 PM, Mt. Pleasant Ruritan Club, 8101 Crum Road, Walkersville
- September 15, 1:30 PM, Emmitsburg Senior Center, 300 S. Seton Avenue, Emmitsburg
- September 22, 1:30 PM, Frederick Sr. Center, 1440 Taney Avenue, Frederick
- September 27, 1:30 PM, Urbana Sr. Center, 9020 Amelung Street, Urbana
- September 28, online (register at virtualseniorcenter@frederickcountymd.gov)
__________________
See the CRG blog at: responsiblegrowthfrederick.com
Contributors: P. Gallagher, S. Jakubczyk, E. Law, G. Petersen, R. Robey, M. Rosensweig, K. Sellner, S. Sellner
Many
Frederick residents want to know — but cannot find — information about
how to participate in discussions of important local issues. The City
and County generally hold meetings from 3–10 p.m., making it impossible
for most of us to attend meetings or weigh in on issues of interest. Our
mission with this monthly newsletter is to highlight City and County
activities so you can learn more and, with your limited time, weigh in
on areas of growth and development, City and County policies, and other
local activities. Occasionally, opinions or longer stories will be
offered by knowledgeable experts/readers. We welcome suggestions for
articles focused on specific topics. Contact Kevin Sellner (kgsellner@gmail.com), Marge Rosensweig (marjorierosensweig@gmail.com), or Steve Jakubczyk (jakubczyksteven@gmail.com) for consideration of your issue.
