Frederick City and County News of Interest VOL. 3, NO. 3 | MARCH 4, 2024

VOL. 3, NO. 3  |  MARCH 4, 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.

For quick access, click on a title here, to jump to that article, below:
Primary Season is Upon Us!
City Charter Review
Urban School Update
South Frederick Corridor Small Area Plan
Data Centers: Uncertainties Ahead
West Side Library
South Jefferson Street Accidents
Upcoming Meetings and Events

Candidate for US Senator, Angela Alsobrooks, speaks at CRG's open meeting, at Café 611.

Primary Season is Upon Us! CRG held an open meeting at Café 611 (THANKS TO R. JONES FOR THE FACILITY!) on Tuesday, February 20 for Q&A with Prince George’s County Executive, Angela Alsobrooks, a candidate for US Senate from Maryland. Alsobrooks provided detail of her background to the 60+ attendees and then addressed several general local-to-national issues that a US Senator might address. A lively exchange occurred with many residents posing follow-up queries to Ms. Alsobrooks. CRG seeks to hold similar events with the other major Senate candidates in the coming weeks, so stay tuned and join in! City Charter Review On Wednesday, February 21, the Mayor and Board of Aldermen (BoA) held a workshop on the Charter Review recommendations submitted to the City last December (https://cityoffrederick.granicus.com/player/clip/5845?view_id=45&redirect=true). There was contentious discussion among Board of Aldermen (BoA) members, the mayor, and staff on a schedule and steps to move the recommendations forward for possible adoption in a new, revised Charter. A subsequent workshop was held on February 28, focusing on recommendations #1, 2, and 5 (view the meeting at https://cityoffrederick.granicus.com/player/clip/5855?view_id=47&redirect=true). These recommendations cover:  (#1) City Structure Change with a separate executive (Mayor) and legislative branch (City Council);   (#2) Legislative Body Name: The City’s legislative body shall be known as the City Council; and (#3) President of City Council: The President of the City Council shall be determined by vote of the members of the City Council and the position shall be held for the length of the term.  There was general agreement that these recommendations as well as those to be discussed in upcoming legislative workshops be presented by staff in charter language form for presentation and vote (yea or nay for each recommendation) at to-be-scheduled workshops.  We believe the final outcome is that City staff will draft Charter language for each of the 19 recommendations and the BoA members will vote yes or no on adoption. Several members urged moving quickly so that several election-related recommendations, if adopted by the BoA in workshops and hearings with public comment, can be included in the 2025 election. See the complete list of Charter Review Recommendations at the end of this newsletter grouped according to the schedule set for Aldermanic/staff discussion and public input. Urban School Update CRG has developed a factsheet outlining possibilities for building schools in the City. Proposed developments in the City will dramatically increase the need for seats for our children. Thus it is imperative to develop new designs and revise and revise zoning to allow construction of schools on small sites. Fortunately, County Council and Board of Aldermen members continue to meet to discuss options on ensuring adequate capacities for our students in the coming years. CRG applauds this effort and encourages the City to use fees it collects from developers opting to not build schools to be used to partner with the County to construct schools that fit within City borders. You can download the Urban Schools factsheet by clicking here. South Frederick Corridor Small Area Plan Workshops for the small area plan (SAP) for the South Frederick Corridor (the area between Routes 85 and 355) have begun with the first held on Tuesday, February 20. The design of the area will be governed by form-based code, described in at least 3 previous County Planning Department presentations before the Planning Commission and County Council. CRG applauds the Planning staff for its thorough vetting of the SAP and anticipates that implementation of the plan will revitalize the area that focuses on public transportation-centered development amid large open parkland. To learn more and download the Plan: https://frederickcountymd.gov/8141/South-Frederick-Corridors-Plan Data Centers: Uncertainties Ahead Data centers are coming to southwestern Frederick County with multiple concerns remaining. Following months of deliberations and substantial input from residents and numerous organizations, the County’s Data Center Work Group has submitted its recommendations to the County Executive for review. The governor has proposed exempting centers and large industry complexes from oversight by the Public Service Commission, a major blow to checks and balances on data center operations. Fortunately, several local legislators have offered reasonable amendments to the governor’s proposal as well as sponsoring several bills focusing on renewable power, emissions, and revenues from future center corporations. Some recommendations may limit the public’s financial burden that will accompany data center new transmission lines, power generating facilities, water consumption and treatment, and local air quality associated with elevated greenhouse gas emissions. A major concern is whether projected revenues from the data centers will be adequate for needed County infrastructure and education or likely consumed to address future problems arising from data center activities. CRG remains deeply concerned that 1) projected revenues (~$41M/yr) are inadequate for in-County needs associated with the fastest growing population in the state and 2) costs for expanded electricity and water demand will be unreasonably passed on to County residents. An in-depth cost-benefit analysis should be undertaken to best address these concerns. Click here to download the Frederick County Data Center Workgroup's recommendations, released on March 1. West Side Library Plans for a library on the west side of town are slowly moving forward. The County will soon announce the results of a feasibility study for the proposed Hillcrest site indicating the site is both positive and suitable. One last hurdle to overcome is for the BoA to officially approve the City’s donation of the land to the County. It is important to note that there is still work to be done on the eventual design along with critical infrastructure improvements, one of which is the review of traffic and pedestrian crossings to ensure street safety. South Jefferson Street Accidents In response to a series of serious accidents along the South Jefferson Street corridor, the City held a public meeting on February 27 to review both short- and potential long-term solutions for the neighboring community. Work will begin almost immediately on adding signage and a stop sign along with physical in-road barriers to slow traffic. There was substantial debate over the best long-term solutions as many residents had the opportunity to offer input by speaking to the numerous incidents they have experienced (with one homeowner reporting that his house has been hit by vehicles 5 times in the last 6 years!). Street calming and overall street safety for the residents are critical concerns throughout the City and need to be constantly monitored and addressed. The public meeting was a positive step forward; as always, follow-through is key! Upcoming Meetings and Events March 5: County Council meeting, Winchester Hall, 5:30 PM. Knowledge Farms Mixed Use Development rezoning, Urbana and South Frederick Corridor workshop March 13–May 22: Charter Review Schedule Bi-Weekly, 1:00 pm, City Hall, Channel 99 (NOTE: The schedule below is finalized through March 13. Based on discussion at the February 28 workshop, the schedule for discussing recommendations beyond that point may change to regroup items. CRG will send email blasts if/when such changes occur.) March 13 Recommendation 3:  Size of City Council — The City Council shall have seven elected members, some of whom shall be elected from election districts and others at large.   Recommendation 4: City Council Districting — With appropriate study and input from election and demographics experts, the Mayor and Board shall embark on developing a new process for election of City Council members such that four of the members of the Council shall be elected from election districts to be created and three members of the Council shall be elected at large (City wide).    March 27 Recommendation 6: Qualifications of Office — The Mayor and members of the City Council shall satisfy the qualifications for the office they hold for the entire time they are in office. It is recommended that candidates for Mayor be at least 21 years of age and be residents and registered voters in the City. Candidates for City Council shall be at least 18 years of age and also be residents and registered voters in the City. A mayoral candidate, before seeking office, shall have been a resident of the City for 2 years and a candidate for the City Council shall have resided in the City for 1 year.   Recommendation 7: Term Limits — The Charter shall be amended to provide that persons serving as Mayor shall be limited to two four-year terms (whether consecutive or not) and those serving as members of the City Council shall be limited to three four-year terms.   April 10 Recommendation 8: Timing of Elections — The timing of City elections shall not be changed to coincide with the presidential or gubernatorial elections but shall remain an off-cycle City-focused separate election. To ensure maximum voter turnout, the City shall send mail-in ballots to every eligible City voter for all primary and general elections.    Recommendation 9: Ranked Choice Voting — The City shall give serious consideration to implementing Ranked Choice Voting (RCV) in future City elections. The City’s Board of Supervisors of Elections shall be consulted and shall assist leadership of the City to determine the best approach for implementing RCV. The City also shall advocate to State election officials and to the Maryland Legislature that tools and/or legislation be created to permit implementation of RCV.    Recommendation 10: Primaries — The City shall adopt a semi-open primary system. In this way, registered voters not affiliated with any political party shall be entitled to vote in City primary elections without having to declare an affiliation with any particular party. Recommendation 11: Voting Rights — The City shall extend voting rights to non-citizen City residents. This will require the City to develop a separate voting roll of such persons. April 24 Recommendation 12: Legislative Process — The Charter shall contain an established process (with timelines) for the introduction, consideration, public outreach and passage of proposed legislation, the veto thereof, and the overriding of any veto. Recommendation 13: Compensation for Elected Officials — The Charter shall provide for the appointment of a Compensation Commission on an established schedule (at least every 4 years) that would have the responsibility to evaluate and set the compensation paid to the Mayor and to the members of the City Council. Implementation of any change recommended by the Commission would not take effect until after the next election. May 8 Recommendation 14: Mayoral Appointees — The Mayor shall appoint, with the advice and consent of the City Council, a Chief Administrative Officer who shall assist the Mayor in running the day-to-day operations of the City. Recommendation 15:  Mayoral Authority of City Employees — The Mayor also shall appoint executives to the highest-level position responsible for each of the following functions: Legal, Police, Public Works, Budget and Administration, Economic Development, and Housing and Human Services, but with the advice and consent of the City Council.   Recommendation 16: City Council Authority of City Employees — City Council members shall not be involved in the day-to-day operations of running the City and, except as noted in the prior recommendation and as to employees hired specifically to serve the Council, shall not have responsibility for appointment, hiring or review of City employees.   May 22 Recommendation 17: Charter Review Schedule — The Charter shall contain a provision that requires a review of the Charter not less frequently than every eight years. Recommendation 18:  Ethics Provision — The Charter should be amended to recite that the City has an Ethics Ordinance and that the provisions thereof shall apply not only to all the employees of the City but to elected officials as well. Recommendation 19: Charter Language Revisions — Consideration that certain Charter Sections should be eliminated, moved to the City Code, and other language changes.

__________________ 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. 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
_______________

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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