Frederick City and County News of Interest VOL. 3, NO. 12 | DECEMBER 11, 2024

 

VOL. 3, NO. 12  |  DECEMBER 11, 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 and jump to that article, below: Editorial: Resident Advocacy Works! City: Hillcrest Library & Brickworks City: A Hood Baseball Field on the City Max Kehne Park City: Community Outreach Meeting Summary City: Hotel and Conference Center Moving Forward City: Winchester Property/E. 6th Street Update City: Districts County: Data Center Update — Is the County Stepping Up? County: MPRP Transmission Line Update City-County Joint Session Upcoming Meetings and Events ______________ 1. EDITORIAL Resident Advocacy Works! CRG has always supported grassroots advocacy throughout the City and the County through our own initiatives and those of others. We especially want to call out recent efforts to make a positive change and to encourage caring and concerned residents to keep up the good work!   The articles below on the Hillcrest Library, Brickworks and Max Kehne Park are excellent examples of where and how resident involvement has had a significant impact. In addition, support of a Community Center at Westside Regional Park, the public outcry against re-establishing a downtown “after hours” BYOB on North Market Street, and County-wide efforts to fight the intrusive and unnecessary high-voltage transmission lines, and review of the planning guidelines for Data Centers are especially admirable.   One critical factor in these united “neighbors helping neighbors” actions is that in most cases the Neighborhood Advisory Councils (NACs) are no longer “invited in” to discussions about projects and programs that affect their communities. Thus, residents’ concerns are not given the City’s consideration at a point at which they (the residents) can help shape the discussions/outcomes. For example, NAC 11, which used to meet monthly — at which time residents (and area business owners) could weigh in at an early stage on proposed development activities — now meets only 4–5 times year. The result? A lack of continuity and loss of NAC 11’s history of effective vocal advocacy by and for its residents. Hence it becomes even more critical for people to stand up and make their voices heard however possible. CRG is proud to have initiated and partnered with efforts throughout the City ensure residents’ advocacy and will continue to do so. ______________ 2. City: Hillcrest Library & Brickworks On December 5, the City Council zoned the Hillcrest property in west Frederick as institutional (https://www.fredericknewspost.com/news/economy_and_business/real_estate_and_development/city-council-rezones-park-property-for-library-site/article_d3c57483-5572-52cc-9b6c-82189c40498b.html), paving the way for the City Council to agree to a Memorandum of Understanding with the County to build the Hillcrest Library. This action was long overdue and needed. The Brickworks property has been further characterized in the November 12 City Planning Commission meeting: several modifications proposed by Greenberg-Gibbons for trees on the Brickworks property include, unfortunately, removal of 85 specimen trees to accommodate contaminant mitigation on the property and 140 new trees to be added by the developer; and 6 lots for the property with 3 outparcels (under power lines) with the latter explored for shared use paths to the MARC train station and Monocacy Blvd. Lot 4 has been described as a commercial 79,000 sq ft lot with 2 pads for restaurants and a grocery store, with a pocket park and surface parking screened from East Street. Lot 6 is proposed for vertical mixed use with 9,000 sq ft of commercial property (probably a restaurant) and 4–story multi-family buildings with 340 units. Wormald is proposing purchase of Lot 1, a 7–acre lot for 99 4–story townhomes with rear-loaded garages, and each townhome featuring varied designs and rooftop decks. Parkland in the lot will total 1.5 acres as a passive recreation area, with 3 acres total in the entire east side of the Brickworks property. A storm water pond is necessary for stormwater management. Contaminants have been identified on this lot so the eventual owner will submit an application to MDE’s Voluntary Cleanup Program for acceptance of lot mitigation through an acceptable Response Action Plan to reduce lot pollutants. Two separate conversations highlighted the possibility for an urban school on Lots 2 and 3. CRG will follow FCPS queries to the U.S. EPA on the agency’s recommendations for treatment of the lot and will rigorously pursue all avenues to assist Greenberg-Gibbons and the Frederick County Public Schools to reach an agreement to plan an urban school on-site! 3. City: A Hood Baseball Field on the City Max Kehne Park Hood College was proposing a college baseball field at Max Kehne Park to the dismay of many local residents. The college had approached the mayor’s office for an NCAA-defined baseball field for future college games, independent of the Planning Department, Parks and Recreation, and the City’s normal channels for redevelopment. Five meetings were scheduled, the second on November 12 at Hood College. Many local residents attended and the majority suggested that neither the City nor Hood had notified them of this possible change in land use AFTER discussions had been held between Hood and the mayor’s office. Hood and residents believed there are other possible locations to be examined, as noise, safety, lights, parking, and mandatory Hood use remained issues. All hope Hood secures a baseball field, but due to the substantial resident pushback, Hood has withdrawn its interest in the park. Congratulations to local residents for convincing the college of their concerns, and to Hood responsibly stepping back from its proposal! Residents can be heard, HOORAY! This case suggests the mayor’s office should abstain from bypassing normal development procedures, as well as strongly encouraging all future entreaties from individuals, groups, or organizations to ensure immediate outreach to residents for any such request. 4. City: Community Outreach Meeting Summary A Wawa gas station is proposed at Mill Pond Road and Monocacy Boulevard that would require a change in conditional use and will therefore go before the City Zoning Board of Appeals. Apartments are located behind the proposed site and single family homes in front and across Monocacy Boulevard. Residents of the area are concerned with safety since it will be open 24/7, as well as apprehensive about substantial lighting, noise, and health problems associated with gas station operations. 5. City: Hotel and Conference Center Moving Forward At its November 20 public hearing, the City Council took two steps to move forward the long-planned Marriott Hotel and Conference Center: Approval of a Memorandum of Agreement (MOA) for a mitigation plan to preserve the historic elements of the site; and approval of a reimbursement letter with Plamondon Hospitality Partners (PHP) to formalize the process for reimbursement of (up to) $1 million for pre-development activities. The hotel/conference center site contains several historic buildings, as has been discussed at prior City workshops and hearings over the past several years. Accordingly, the Maryland Department of Housing and Community Development (DHCD) and Maryland Historic Trust (MHT) have determined that the project will have an adverse effect on archaeological properties and have resolved the adverse effects of this undertaking through the execution of a legally binding Memorandum of Agreement (MOA) between DHCD, MHT, and the City, with the City’s selected developer, PHP, as an invited signatory. The Development Team will use this Treatment Plan to secure professional services to complete the data recovery effort and will coordinate review and approval of the final Treatment Plan (which will identify the personnel, schedule, and selected methods for implementing the work) with MHT prior to implementation. This link to Exhibit B fully describes the background and history of the Birely Tannery: https://cityoffrederick.granicus.com/MetaViewer.php?view_id=15&clip_id=6088&meta_id=172838. Council members acknowledged that the mitigation plan is suitable overall (and voted 4–0 in favor) although some concern was raised that the contribution of the original (enslaved) labor would not be recognized; and Council members subsequently requested greater on-site recognition of the Birely Tannery in site development. As for the Maryland Department of Housing and Community Development (DHCD) grant for the Strategic Demolition Fund approved in August 2024, the approved (again 4–0 in favor) letter allows the City to disburse the grant funds and specifies the way the City will reimburse requests, what specific activities can be reimbursed, etc. There is no “clawback” provision in the grant, thus the presumption is the funds are to be used for all types of pre-development activities. A question was raised regarding the time frame for vendor reimbursement as smaller companies cannot wait months to be compensated for work performed. City staff advised that a 10-day turnaround is anticipated, that the developer pays vendors for their performance, and submits an invoice to and is subsequently reimbursed by the City through the grant. Council members agreed that the hotel/conference center is a “gigantic project” and the City cannot make mistakes. They applauded the details incorporated in the agreement and the partnership with the State. 6. City: Winchester Property/E. 6th Street Update Two recent articles in the Frederick News Post, as well as Facebook postings, have helped to present the community’s case for preservation of the entire homestead and gardens of 19th century Frederick luminary, B.F. Winchester on E. 6th Street. However, as alluded to in the November CRG Newsletter, City staff’s recommendation of “noncontributing” for the stable/garage (despite compelling evidence to the contrary presented to them in a recent Community Statement) threatens to allow development to proceed. On Thursday, December 12, at the 6:00 PM hearing, the Historic Preservation Commission is scheduled to vote “contributing” or “noncontributing” regarding both the house and the stable/garage on the property. Verbal comments at the Hearing, as well as written comments in advance of it to City staff (for forwarding on to the Commission) are encouraged. Please contact Jim Wagner at your.james.wagner@gmail.com, 301-682-4836, for more information. Thanks for your continued engagement and help to save this site! 7. City: Districts First drafts of possible City Council districts were presented to the City Council on December 3. A consultant was hired by the City to draw five district boundaries within the City, for purposes of electing City Council members that each represent a district, as recommended by the Charter Review Committee and adopted by the City Council in the last month. Two maps of potential council districts raised considerable discussion by City Council members. Go to https://www.fredericknewspost.com/news/politics_and_government/elections/city-council-expects-to-vote-on-districts-in-february/article_257f484e-8872-55be-b5db-9e882923592b.html to review the session discussion and early options. The City is in the process of gathering feedback on these maps between now and the middle of January. There is a webpage on the City homepage, where information will be kept updated and where residents can respond to a survey about the maps. The webpage can be found here: https://cityoffrederickmd.gov/CivicAlerts.aspx?AID=7628. A final vote on district distributions will likely occur February 6, 2025. Top image is Map 1 / Bottom image is Map 2 Map 1 Map 2

8.County: Data Center Update — Is the County Stepping Up? The County seems to be pushing the new data center corporations to meet more stringent siting and operations requirements. The County’s Data Center Workgroup and multiple external organizations have provided comprehensive revisions to the County’s CDI ordinance to ensure protection of residents’ health and the environment surrounding the Eastalco center site. And, on Tuesday, November 19, the County Council received revised requirements for the new County corporations, to the dismay and objections of several corporations. The County’s position included minimizing noise generation from the entire site, not just the individual corporation site, and storage of only 1100 gallons of fuel for center backup generators (a consultant for the property indicated that the centers would require 60,000 gallons of diesel fuel on-site). CRG is impressed, as protection for residents must be THE priority. Aligned, one of the data center occupants for the Quantum Loophole data center campus, has submitted a permit request to the MD Department of the Environment to allow 170 diesel-powered generators for their four data center buildings at the Eastalco site. Governor Moore relaxed the requirements for decisions on use of diesel generators last year, so CRG and multiple other concerned residents and organizations anxiously await the department’s decision as the emissions from the generators counter the state’s stated greenhouse gas emission deadlines [maximums?] for 2030 and beyond. Additionally, storage of the 60,000 gallons of diesel fuel at the campus poses serious hazard risks for local groundwater contamination and streams in the area. Go to https://www.fredericknewspost.com/news/continuing_coverage/quantum_loophole/aligned-applies-to-state-environment-department-for-permit-to-build-generators/article_23c0cbf4-99cb-53e0-8601-812edea108cf.html for more details. 9. County: MPRP Transmission Line Update The Maryland Piedmont Reliability Project (MPRP), a 70-mile-long transmission line proposed to be built through Baltimore, Carroll, and Frederick Counties, was the subject of three public meetings November 12 (in Baltimore Co.), November 13 (in Carroll Co.), and November 14 (in Frederick Co.). The public presentations by the contractor, a New Jersey-based company PSEG (Public Service Enterprise Group), are required by the MD Public Service Commission (PSC) before PSEG may apply for a Certificate of Public Convenience and Necessity (CPCN). The CPCN allows the company to build the transmission line but is not automatic; the PSC may choose to accept or reject PSEG’s application to build. PSEG plans to submit an application to the PSC late this month or in early January.   Several activities are in place to oppose the transmission lines: Legislation for the 2025 legislative session Senator Karen Lewis Young is developing legislation to initiate a Datacenter Study. Participants would principally be drawn from state agencies. An unbiased economic evaluation of the costs and benefits of data centers is needed. Several Frederick-based power engineers are advising Senator Young on possible legislation to require utilities that operate in MD to produce Integrated Resource Plans (IRPs — long-term plans examining utilities’ energy demand and supply and identifying risks that could prevent them from best serving their ratepayers with low-cost and reliable energy, as is done in other states, such as VA). Also, other Maryland legislators plan to introduce legislation in the 2025 session addressing both transmission lines and data centers. Interveners A number of organizations and individuals will be filing to act as “interveners” during the PSC hearings on the MPRP transmission lines after PSEG submits their application. To learn more about becoming an intervener, go to https://us06web.zoom.us/webinar/register/WN_GFmBcTKTRdu5GcMyr2cftw#/registration. Volunteers A variety of actions are being taken by several organizations that have formed the “Tri-County Coalition,” made up of residents from the three affected counties. If you’re interested in lending a hand, please write to smartergrowthfc@gmail.com. Sending comments to the PSC The PSC will decide whether the MPRP will be built. Any resident may write to the PSC to oppose the transmission line. You may submit your comments to this email address, which is dedicated to comments on the MPRP: piedmontcomments.psc@maryland.gov.   For more information on the MPRP, visit www.StopMRPR.com.   How data centers and transmission lines are directly related: In 2023, PJM (the regional transmission organization for the area) determined that MD had sufficient power into 2030. However, after studying the effect of data centers — primarily in VA — PJM signaled that there were now going to be massive power deficiencies requiring $5Billion investment.  PJM says its call for more power is for reliability, but the system has been reliable prior to data centers, and could continue to be so without them. PJM recently redrew the MPRP design to bypass the only substation in MD (Doubs).  Therefore, power will travel directly from PA to VA, providing no power to MD. No one in MD, including Governor Moore, wants the MPRP.  In fact, Moore said the line is of no benefit to Marylanders (see https://www.foxbaltimore.com/news/local/state-lawmakers-encouraged-by-governor-moore-in-transmission-line-fight). The two data centers on the QL site both wrote to the PSC that they did not need any power from the MPRP. Therefore, it is clear that the power is intended for VA data centers. PSEG's threats — that without the MPRP line, there will be blackouts and brownouts — is not true. If the line is denied by the PSC, PJM may bring power from Ohio and WV for the VA data centers. MPRP would improve PSEG's bottom line as the company owns 50% of Peach Bottom Nuclear which will supply the line. PSEG is guaranteed full repayment for building the line plus a guaranteed profit per right of investment. PSEG will charge for power transmitted on this line for the 40 years it will operate.   Specific to the third bullet above, in a very recent development (https://foxbaltimore.com/news/local/possible-maryland-power-project-reroute-would-benefit-virginia-data-centers-a-proposed-change-to-the-maryland-piedmont-reliability-project-may-connect-the-power-line-development), PJM has removed the MPRP proposed connection to the Doubs Substation near the Eastalco site, thereby indicating that the MPRP transmission line is solely for powering northern Virginia data centers with NO BENEFIT for Maryland data centers nor residents. So why would any MD official not oppose this line’s construction and costs to Maryand residents?   10. City-County Joint Session A joint meeting of the Frederick City and County Councils was held on November 20 at City Hall. Ostensibly convened for highlighting common concerns and possible approaches to addressing mutual problems like housing and schools, the primary topics were only minimally discussed, perhaps in 2–3 sentences. CRG strongly encourages both City and County representatives to prepare detailed summaries of each government’s approach to common problems to bring to each quarterly meeting and through those details perhaps identify procedures to move each government forward on ways to jointly alleviate the identified problem(s). Working together should generate action by the other government, certainly a new approach for the next decade. 11. Upcoming Meetings and Events   County Planning Commission, December 11, Winchester Hall, 9:30 AM: Rowan’s Bauxite Data Center site plan decisions   City Historic Preservation Commission, December 12, City Hall, 6 PM: Odd Fellows property Level I and demolition at 127 E. 6th Street.   Stop MPRP documentary, Unyielding Ground, December 14, 1–4 PM, Black Locust Hops Farm Brewery, 21305 Heathcote Road, Freeland, MD.   County Budget Town Halls District 2 — Monday, January 13, 7pm, Twin Ridge Elementary School cafeteria, Mount Airy District 4 — Wednesday, January 22, 7pm, Oakdale Middle School cafeteria, New Market District 5 — Saturday, January 25, 1pm, Walkersville Middle School cafeteria, Walkersville District 3 — Monday, January 27, 7pm, Waverley Elementary School cafeteria, Frederick District 1 — Thursday, January 30, 7pm, Middletown Library community room (will be streamed live) _________________ See the CRG blog at: responsiblegrowthfrederick.com Contributors: P. Gallagher, S. Jakubczyk, E. Law, M. Rosensweig, K. Sellner, J. Wagner CRG is a grassroots coalition of Frederick residents who prioritize responsible growth, expanding infrastructure, and a functional natural environment. We advocate for development that accommodates projected population increases while fostering a strong and diverse community fabric and increasing economic opportunities. Our comprehensive approach emphasizes public safety, traffic mitigation, increasing school capacity, and housing for all members of our community. Many Frederick residents want to know — but cannot find — information about how to participate in discussions of important local issues. The City and County generally hold meetings from 3–10 p.m., making it impossible for most of us to attend meetings or weigh in on issues of interest. Our mission with this monthly newsletter is to highlight City and County activities so you can learn more and, with your limited time, weigh in on areas of growth and development, City and County policies, and other local activities. Occasionally, opinions or longer stories will be offered by knowledgeable experts/readers. We welcome suggestions for articles focused on specific topics. Contact Kevin Sellner (kgsellner@gmail.com), Marge Rosensweig (marjorierosensweig@gmail.com), or Steve Jakubczyk (jakubczyksteven@gmail.com) for consideration of your issue.

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Frederick City and County News of Interest VOL. 3, NO. 11 | NOVEMBER 4, 2024

 

VOL. 3, NO. 11  |  NOVEMBER 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 and jump to that article, below: City: Planning Commission Opening City: Community Outreach — Brickworks & Lucas Village City: Temporary Housing Possibility City: Election Districts City: Update on the Winchester Property City: More City Housing — Yes! More Traffic — Beware! City: Vacant Property Ordinance Status City: Rental Licensing Ordinance — Use of Collected Funds City: FREE organics/food waste pickup County: MPRP Transmission Line ______________ City: Planning Commission Opening There is an immediate opening for a new member (maybe a second, soon) on the City’s Planning Commission (PC). The PC reviews development applications and provides conditions and recommendations on development projects proposed within the City. In CRG’s opinion, to date the PC has been the most responsive part of the City administration to residents’ input. Members are the most thoroughly prepared of any of the City’s commissions, boards, or its elected officials, so if you want to make a lasting impact on our future, consider applying for this critically important representative group of focused volunteers! Go to https://www.cityoffrederickmd.gov/726/Commission-Vacancies and the Planning Commission tab and APPLY! City: Community Outreach — Brickworks & Lucas Village On October 21, Deputy Director for Planning Gabrielle Collard held a Community Outreach meeting with two important projects discussed: the Brickworks at East and South Streets, and Lucas Village demolition off Sagner Avenue. The main outcome of discussions for the latter was that the demolition of Lucas Village will begin with specific City guarantees on eventual housing for 88 current residents and either saving the current community center or building a new facility. CRG applauds both decisions and looks forward to helping Lucas Village residents and their neighbors urge the City to repair existing sinkholes, inspect adjacent neighborhoods for sinkholes, renovate a stormwater retention pond, and alleviate frequent flooding of neighborhood streets. For the Brickworks project, parkland and plans for 230 townhomes on Lot 5 were discussed. The developer has been responsive to adding parkland on the property on the east side of East Street; a few more acres are needed to meet the City requirements. For Lot 5 townhome construction, the developer’s representative stated that no grading of land on Lot 5 will occur until MDE has issued its decision regarding whether contaminants are sufficiently low so that no mitigation is needed, or that contaminant levels will need to be reduced prior to recontouring of surface soils. This has been a CRG concern for more than two years based on historical records of contamination on the property. City: Temporary Housing Possibility On October 16 and 23, the Mayor and Board of Aldermen heard the description of a housing initiative that would allow temporary short-term housing in City areas zoned institutional, for the protection of the City’s homeless population during cold winter months. Ann Ryan of the Frederick Housing Solutions Task Force and pastors from several churches indicated they have land for such housing, and need the City to examine possible zoning modifications to permit this use. The temporary housing initiative is part of a housing continuum that Alderwoman Nash is advocating, from homelessness to home ownership (for a description, go to III.A.1 Presentation at https://cityoffrederick.granicus.com/GeneratedAgendaViewer.php?view_id=12&event_id=5365). CRG strongly supports this ordinance and looks forward to workshops and hearings soon to provide this critically needed service to our less fortunate community members. City: Election Districts According to the City Charter amendments approved by the Board of Aldermen, five election districts will be in place for the 2025 municipal election. The City Council will be comprised of 5 district and 2 at-large representatives. To move that amendment forward, the City has hired HaystaqDNA to draft the election district maps. On October 23, representatives from the company presented their plan and timeline to the Mayor and Board. In an aggressive schedule, maps of City districts would be completed by February 1, 2025, with opportunities for input from City officials and residents before that final delivery date. The anticipated (though flexible) timeline was presented: Courtesy of Phyllis Hane, City Clerk City: Update on the Winchester Property A discussion and decision, scheduled for the October 24 Historic Preservation Commission (HPC) meeting, on whether the buildings (a house built in the mid-1800s and accompanying stable/garage/shed) on the Winchester property on East 6th Street are contributing or non-contributing, was postponed until December due to a request by the developer for a continuance. As there was no HPC quorum to vote on the continuance at the meeting, the commissioners will vote at their November meeting whether to continue this matter at the December meeting. At the present time, it appears staff are recommending a “non-contributing” designation for the stable/garage/shed and a “contributing” designation for the house itself, which now is configured as a 3-unit apartment. Given the delay, there is still time for interested residents to weigh in with comments to Commissioners via HPC staff. City: More City Housing — Yes! More Traffic — Beware! As reported in the FNP (Saturday–Sunday October 26–27) the proposed 106-unit apartment building to be located between the Carroll Creek Linear Park and E. Patrick Street received the final site plan and local forest conservation plan approval from the City’s Planning Commission (PC) on October 24. While CRG expected this decision — based on discussions and early approvals at prior City meetings — it raises yet again the specter of traffic snarls in the Patrick/East street area.   In short order, the Galleria mixed use project at the corner of East and All Saints, the downtown hotel and conference center on E. Patrick and Carroll Streets, the Brickworks development at East and South Streets, the Visitation Academy project between E. Church and E. 2nd, the 106-unit complex at 404–420 E. Patrick Street, and an unknown development to replace the Railroad Museum will be adding new residents to downtown. A very good thing!!! More residents, more vibrant downtown, more foot traffic at local businesses. On the other hand, what exactly has been/will be done to ameliorate the already difficult traffic situation which seems to grow worse and worse each month? (As an aside, this scribe spent 20 minutes driving from the corner of N. Market and N. East Street to the intersection at Patrick Street on a recent Wednesday afternoon — about 1.5 miles. There were no works projects, no accidents to impede traffic flow, just more cars and trucks than the corridor can handle now. What will happen when the above noted projects come online?)   The City established a Downtown Frederick Mobility Zone and fee structure in 2022, with the stated use of the funds “…from the mobility fee district account at its discretion to fund transportation capital projects, within or adjacent to the Downtown.” The FNP article mentioned that the developer of the 106-unit apartment building will be “subject to the Downtown Frederick Mobility Fee…approximately $2,813.” The amount cited is interesting, to say the least, as the resolution establishing the mobility fee indicates an initial assessment (which rises each fiscal year) for residential properties of $311.07 per unit which in 2022 would have totaled more than $32K for a 106-unit apartment building.   So, some questions. Has the fund been established? If so, how much has been collected? How much, if any, has been used? Why an approximate $2,813 (per the FNP article) payment for this property rather than an amount based on the resolution requirement for residential properties of a per unit fee multiplied by the number of units? What are the plans for improving the traffic — pedestrian, bicycle, motor vehicle — along the East Street corridor and the east side of town? Which reminds us: Whatever has happened with Form Based Code for the corridor? City: Vacant Property Ordinance Status Based on all the public interest and progress by the City recently to address the high-profile blighted Asiana property on North Market Street there has been a renewed call to update the status of the Vacancy Property Ordinance (VPO) passed in December 2020 and its impact on additional habitually vacant properties.   The VPO mandates an increase in property taxes in year 3 for previously registered and inspected vacant properties (years 1 and 2). This past May, notices of a separate blighted property tax increase for the 2025 fiscal year (July 1–June 30) were sent to 7 individual property owners for a total of 13 properties. Frequent Downtown visitors will be quite familiar with the location of most of these as they exist primarily on the 300 block of North Market Street and have been vacant in some cases for decades. With a goal of incentivizing the owners to either renovate or sell, it is important to note the VPO additionally provides the City with both the tool of continual tax increases or the nuclear option of receivership after year 4 as they took with Asiana on North Market Street (https://cityoffrederick.granicus.com/player/clip/5955?view_id=15&redirect=true). CRG encourages all City residents to stay involved by participating in the City's preferred method of handling resident concerns through "complaint driven enforcement“ and reporting properties felt to be vacant for at least one year and in violation of the VPO through the City website: https://frederickmd.portal.opengov.com/categories/1076/record-types/6559 The path to finally resolving these ongoing vacancy issues is clear and CRG commends the City for taking the first step with Asiana. We hope the predicted success of the pending legal challenge will encourage the City to continue their efforts and finish the job.   City: Rental Licensing Ordinance — Use of Collected Funds In August 2022, the City passed an ordinance to collect money for rental licenses. The more than $527,000 collected in the past fiscal year will be used for Housing and Human Services operating and administrative costs, with the remaining money divided among three funds: the Tenant Protection Fund, the Rental Assistance Fund, and the Affordable Housing Conservation Fund. The Tenant Protection Fund request of $50,000 is to “…protect renters from being evicted from their units due to unsafe conditions created by their landlord or the building’s owner” (FNP, October 31). The Rental Assistance Fund will “…provide short-term assistance to renters who experience temporary financial hardship” (FNP, ibid.) and those eligible would earn 50% or less of the average mean income, hold a Section 8 voucher, or be 65 or older, or have a disabled household member. The Affordable Housing Conservation Fund will “…provide one-time payments for projects to established homeowners” (FNP, ibid.), i.e., one-time repairs that the owner cannot afford. CRG applauds this City commitment and trusts that the funds will at least partially alleviate the long-standing need for residential assistance. Go to https://www.fredericknewspost.com/news/economy_and_business/real_estate_and_development/aldermen-consider-best-ways-to-use-rental-licensing-money/article_a9a7c5bb-47e1-5678-beaa-f6253587a217.html for additional details.   City: FREE organics/food waste pickup Residents, remember to sign up for the FREE organics pickup the City is offering! Learn more here: https://www.cityoffrederickmd.gov/1591/Free-Curbside-Composting Composting is an important part of any sustainable city. It reduces the amount of trash entering the municipal landfill, creates nutrient-rich soil without chemical fertilizers, and helps reduce a city’s carbon footprint. County: MPRP Transmission Line To the disappointment of many County residents, small businesses, and local-to-Federal officials, PSEG has published a route for a proposed transmission line from northern Baltimore County, through Carroll, into southwestern Frederick County. PSEG has sent over 800 letters to property owners whose land may be within the transmission line route for possible purchase, or seizure through eminent domain. Lack of credible justification for the line, loss of private and public properties, and rate payer assumption of transmission line construction costs ($425 million) has induced rage and disbelief that a project primarily built for data centers in northern Virginia currently, and perhaps those likely in southwest Frederick County over the next decade, could move forward with clear, widespread, vocal opposition. Multiple bills for the state’s legislative session beginning in January are under consideration to re-examine the transmission line, as well as power demand and costs associated with future data centers. CRG wonders: Where is the Federal Energy Regulatory Commission's intervention to re-examine this decision, in which the sole beneficiaries are large corporations that sponsor data centers at the expense of local residents? For landowners near the proposed MPRP line: A coalition of organizations, including Envision Frederick County, Sugarloaf Alliance, and the Smarter Growth Alliance, are working to distribute information to landowners next to and near the MPRP line. In Frederick County, please reach out using the email address, smartergrowthfc@gmail.com to learn more about this effort, or to volunteer to help distribute flyers to landowners. Upcoming MPRP information sessions About these meetings: "PSEG invites you to public information sessions to learn more about MPRP and the process moving forward. There will be a brief overview of the project followed by a moderated question and answer session." Wednesday, November 13, 2024 Carroll County PSEG Information Session Carroll County Ag Center, 706 Agricultural Center Dr., Westminster, MD 6:00 PM–8:30 PM Tuesday, November 12, 2024 Baltimore County PSEG Information Session Embassy Suites by Hilton, 213 International Circle, Hunt Valley, MD 6:00 PM–8:30 PM Thursday, November 14, 2024 Frederick County PSEG Information Session Brunswick Volunteer Fire Company, 1500 Volunteer Drive, Brunswick, MD 6:00 PM–8:30 PM

__________________ See the CRG blog at: responsiblegrowthfrederick.com Contributors: P. Gallagher, S. Jakubczyk, M. Rosensweig, K. Sellner, J. Wagner CRG is a grassroots coalition of Frederick residents who prioritize responsible growth, expanding infrastructure, and a functional natural environment. We advocate for development that accommodates projected population increases while fostering a strong and diverse community fabric and increasing economic opportunities. Our comprehensive approach emphasizes public safety, traffic mitigation, increasing school capacity, and housing for all members of our community. Many Frederick residents want to know — but cannot find — information about how to participate in discussions of important local issues. The City and County generally hold meetings from 3–10 p.m., making it impossible for most of us to attend meetings or weigh in on issues of interest. Our mission with this monthly newsletter is to highlight City and County activities so you can learn more and, with your limited time, weigh in on areas of growth and development, City and County policies, and other local activities. Occasionally, opinions or longer stories will be offered by knowledgeable experts/readers. We welcome suggestions for articles focused on specific topics. Contact Kevin Sellner (kgsellner@gmail.com), Marge Rosensweig (marjorierosensweig@gmail.com), or Steve Jakubczyk (jakubczyksteven@gmail.com) for consideration of your issue. We're on Instagram... follow us! Check out our Facebook page!

Frederick City and County News of Interest VOL. 3, NO. 10 | OCTOBER 7, 2024

 

VOL. 3, NO. 10  |  OCTOBER 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. For quick access, click on a title here and jump to that article, below: City: NAC Ad Hoc Committee Recommendations City: Brickworks Update City: Charter Review Update City: Odd Fellows Hall Update City: Worman’s Mill Court Apartments City: Winchester Property Demolition: 127 E. 6th Street County: Temporary Building Moratorium County: Revisions to its Moderately Priced Dwelling Unit (MPDU) Requirements County: IWW Meetings: Rezoning for Industry & Commercial Businesses County: Transmission Lines Upcoming Meetings and Events ______________ City: NAC Ad Hoc Committee Recommendations An adhoc committee of volunteers, appointed by Mayor O’Connor last year, submitted their report in September 2023 containing recommendations to guide the Board of Aldermen as it arrives at consensus for changes to the Neighborhood Advisory Council (NAC) Resolution, last amended in 2012.  The Mayor and Board of Aldermen (M&B) considered these recommendations at their September 5, 2024 workshop. Charged with proposing changes to revitalize the NACs and allow the board to develop consensus, ad hoc committee members addressed what they considered to be key issues for consideration. (A side note: It was determined at the beginning of the Sept. 5 workshop that the Mayor and Board had not received the red-lined Committee Report, and thus were not as prepared to be responsive to recommendations as had been anticipated.) Nonetheless, presenters moved forward, noting that their recommendations are based on extensive research into the organization, policies, and practices of 60 NAC-like municipal entities around the country and through discussions with numerous City residents. Foremost among the issues is the sense — among residents — that communication between City administrators/staff/elected officials and the community at large is neither robust nor a dialogue, but rather a one-way information highway — from the City to the residents. To change that, the committee recommended an increase in two-way interaction via establishment of a Liaison Board (one representative from each NAC) that would meet quarterly with elected officials and City staff to share issues and concerns that cut across NACs. This recommendation generated more than an hour-long discussion culminating in an informal consensus among Alderpersons that the liaison board inserts an additional layer of “bureaucracy” between the grass-roots NACs and elected officials. Moreover, Alderpersons noted the provision for NAC–City meetings in the previous Resolution and asserted those could/should be reinstated as these meetings (perhaps once or twice/year) were, and would be, an effective means of two-way dialogue. Other recommendations briefly discussed included the stage at which a developer–NAC meeting should be held (i.e., prior to or after preliminary approval for a development project); special meetings; number of NACs; encouragement of/support for social gatherings at the local NAC level; review frequency for the NAC Resolution; clarity regarding responsibilities of NAC members and City officials in terms of encouraging broader NAC engagement, etc. Agreement was reached that the City Attorney would draft an Ordinance (to replace a NAC Resolution) based on the discussion and sense of the Board as expressed at the workshop which would be circulated among Alderpersons for red-lining and further discussion. No date was set for this process.  City Brickworks Update On September 16 the Brickworks project was discussed at the City Planning Commission, including sub-division, parkland, and forest conservation plan. Additionally, public comment sought updates on a possible urban school on the site as well as status of the site cleanup under MDE’s Voluntary Cleanup Program. The developer is in discussion with the FCPS on options for a school on the property, and a cleanup plan has not been finalized for the known contaminants common to the property. Stay tuned as the eventual development will be THE gateway to the City, providing a first impression of our historic urban area. City Charter Review Update It appears the many hours/weeks/months of effort expended by the Charter Review committee have paid off. At its September 21 Mayor & Board public meeting, all but one recommendation of the committee was approved, with some minor text changes inserted in several recommendations. Among the more controversial issues were term limits, non-affiliated voters eligible to vote in primaries, and non-citizen voting in municipal elections. Ultimately, two of these three were approved and one was removed from consideration: Term limits — Alderpersons voted to approve limits of 3 consecutive terms for council members and two for mayor, with possibility of a future candidacy after a term had elapsed since the individual’s prior term. Three alderpersons voted in favor of term limits, with two opposed. Non-citizen voting — Several residents spoke in favor of this recommendation with two in opposition and a third strongly urging the legislators to put “guard rails” around this provision to assure non-citizen voting did not get out of hand. The final vote was 4–1 in favor. Non-party affiliated voters — A legal opinion by the City Attorney indicated that there is no “legal way forward” for such a provision. Based on that opinion, the Board voted 5-0 to not consider this recommendation. The next step will be drafting ordinances to transfer from the City Charter to the City Code, where necessary, approved recommendations. City: Odd Fellows Hall Update Having previously received Level 1 approval for several multi-family buildings, townhouses, and various amenities, the developer of Odd Fellows Hall returned to the Historic Preservation Commission (HPC) to request a modification of that approval. The purpose of the modification is to allow increased density via an additional multi-family building along the northern property boundary. During the lengthy discussion at the September 19 HPC workshop, staff expressed concern about the requested modification, primarily regarding the massive size of the multi-family buildings and loss of green space. Earlier (approved) plans featured three multi-family buildings lining the northern perimeter, with green space fronting the buildings. The proposed revision features four buildings — though appearing as two due to the hyphenated structure (i.e., connecting two buildings with an inset section narrower and slightly lower than the two buildings) — with no green area between surface parking and building fronts. Commissioners suggested a return to the three (smaller) multi-family building approach and the developer will reconfigure the plans. Stay tuned! City: Worman’s Mill Court Apartments Mayor and Board approval of rezoning and the master plan for the proposed affordable Worman’s Mill Court Apartments (off N. Market St. and opposite the Clemson Corner Shopping Center) was granted. Additionally, the on-site afforestation/reforestation requirement was dropped in exchange for a >$1.1M contribution for an extended rails with trails connection across Rte. 26. Upon approval of the zoning change, the Board briefly discussed and then approved (3–1) the Master Plan for the project. CRG is in a dilemma: We definitely support more affordable housing but segregating lower income residents in a property with limited traffic access and reduced tree canopy and habitat provide less than ideal quality of life attributes for future residents of the property. City: Winchester Property Demolition: 127 E. 6th Street There has been a delay in the HPC discussion of the proposed demolition of the historic Winchester site, 127 E. 6th Street. The Demolition Application (Case HPC24-702) is now scheduled for the October 24 HPC meeting. Written comments and other help to support preservation of this treasured site are still needed. Please contact Jim Wagner (240-586-1215, your.james.wagner@gmail.com) for more information — any and all help in the preservation effort is appreciated. County: Temporary Building Moratorium On October 1, the County Council voted 5–1 to reject a proposed temporary 2-year building moratorium that had been proposed by Councilman McKay. The moratorium would have been automatically implemented if projected student numbers for a new residential subdivision plat exceeded 120% of state projected school capacity 5 years after plat receipt, or if issued residential building permits would result in 175% or more of state projected school capacities over 5 years following proposed construction. An example of the dire overcrowded conditions is the Oakdale Elementary School. The current state rated capacity for the school is 707 students; there are currently over 1200 students in the school. It has no additional land for more portable classrooms. Preparations are now underway to use land for a proposed library across the street from the school to be used as a playground next year so that more portables can be placed on school grounds. The legislation was opposed by developers, builders, and people working in the building and related industries. People supporting the legislation were teachers and parents that might be impacted by the legislation.  Some of the reasons Council members opposed the legislation include: The legislation would not meet its intended purpose of slowing growth in a greatly over-capacity school area; municipalities would not be covered; the legislation might delay or jeopardize the middle school land and infrastructure improvements to be provided by the Gordon Mill developer; growth of the County commercial tax base would be delayed; it would send the wrong message to businesses considering coming into the County; constituents in the building trades would experience financial difficulty; overcrowding issues that have always been an issue in the County schools would remain; expensive lawsuits by permitted developers would likely arise; and increased housing does not necessarily lead to overcrowded schools. Let’s hope that the County Executive’s 4% property tax increase specifically designated for school construction provides the needed 25 County schools as soon as possible. County: Revisions to its Moderately Priced Dwelling Unit (MPDU) Requirements On October 1, the County Council convened a first reading of legislation to revise the current County guidelines that require construction of affordable housing in large new developments (12.5% is required), or payment of fee-in-lieu funds to avoid construction of such housing. (https://www.frederickcountymd.gov/DocumentCenter/View/353103/REVISED-MDPU-Proposed-Bill). Stay tuned for additional Council discussions that will ideally lead to actual construction of MPDUs. County: IWW Meetings — Rezoning for Industry and Commercial Businesses The County has recently convened 3 public meetings to discuss the outcomes of multiple County Executive-appointed Investing in Workers and Workplaces (IWW) Advisory Group meetings, which were convened to identify possible County areas for development/redevelopment of industrial and biotech businesses to increase County revenues. Rezoning to support such development includes four municipalities (City of Frederick, Brunswick, Thurmont, and New Market) and three general areas (Jefferson Tech Park-Mt. Zion Road, Urbana Corridors, and the area surrounding the Eastalco site). However, considerable public backlash has resulted, beginning with the fact that residents represented only 4 of the 14 members of the County Executive’s IWW Advisory Group, with principal concerns focusing on loss of prized agricultural and forested lands to accommodate the proposed new industries, as well as considerations of future sources of water and power infrastructure for any new large businesses (e.g., would there be a need for a second transmission line in addition to the current MPRP [Maryland Piedmont Reliability Project] line now proposed for data centers in N. Virginia and eventually the Eastalco site near Adamstown?). From the perspective of many residents, before consideration of the IWW Plan, the first step should be completion of the County’s Green Infrastructure Plan (a high priority in the 2019 Livable Frederick Master Plan) which would identify County areas to be protected for agriculture, contiguous forest corridors, areas critical for water percolation and groundwater supplies to County streams and creeks, and carbon sequestration to reduce County emissions of greenhouse gases (GHGs). GHGs lead to excessive summer temperatures, major storms and lengthy extreme droughts, and threats to public health due to poor air quality. The Green Infrastructure Plan guidance would then be followed by industrial area planning, and not the other way around. Additionally, within the IWW initial mapping, there appears to be an expansion of MD Route 80 into a corridor that would connect with Route 15 by crossing land in agriculture preservation, a first in the state. CRG strongly encourages much more complete presentation of reasons for selection of these development areas, and inclusion of property owners and neighbors in all future deliberations of sites for rezoning. This should be accompanied by completion of the Green Infrastructure Plan that would then inform where rezoning might or might not occur.   County: Transmission Lines Where to begin? The proposed Maryland Piedmont Reliability Project (MPRP) to construct new power lines from Baltimore County through Carroll to southwest Frederick County — leading to loss of private properties, businesses and employment, agriculture preservation lands, and ‘green’ treasured areas — is still in play. This is in spite of Senator Cardin’s strong opposition to the current approach (requested by CRG in a letter to the senator approximately 1 month ago) as well as reluctance of County officials to endorse the project. The Office of the People’s Counsel is challenging the project, as well, as a unnecessary/unjustified construction project whose costs would largely be assigned to ratepayers. Further, a formal complaint of unfair cost transfers to residents has been lodged by Earthjustice, Sierra Club, Natural Resources Defense Council, Public Citizen, Sustainable FERC Project, and the Union of Concerned Scientists to the Federal Energy Regulatory Commission (https://mail.google.com/mail/u/0/?tab=rm&ogbl#inbox/FMfcgzQXJQVpMcBhgsLVWVQgQhhnHzDw). As noted in the IWW section above, should the new County-identified areas for industrial and commercial development be established, construction of another transmission line may be necessary, jeopardizing other properties throughout the area. CRG and many other groups and individuals strongly encourage a restart of the entire process, including better decisions about where power is truly needed; how it might be delivered if a need exists; whether industrial users pay vs. deferring costs to residents; and projections of power demand in the next decades. Upcoming Meetings & Events October 8, 5:30 pm, Winchester Hall, Frederick MD, County Council Workshop: Discussion of data center regulation and “Floating Zones for Data centers”, the latter a mechanism to permit land rezoned from agriculture to industrial to allow data centers.   October 9, 9 am and 1 pm respectively, City Hall: Legislative priorities meeting and work session with Frederick County delegation. October 9, 6 pm, Oakdale High School Auditorium: County Executive Fitzwater will convene a community meeting on the proposed Maryland Piedmont Reliability Project. The Public Service Enterprise Group (PSEG), which is managing the project, will have representatives at the meeting to present information and answer questions. FCG TV will record the meeting, which will be available in the video archive at www.FrederickCountyMD.gov/FCGtv.  October 16, 6 pm, Carroll Manor Elementary School Cafeteria, 5624 Adamstown Road, Adamstown, MD: A public information meeting to discuss the application and permit review process for MDE Air and Radiation Administration permit for proposed IAD04 data center facility including the installation of 168 emergency diesel generators and 4 more high powered emergency generators. The IAD04 data center facility will be located at the Quantum Loophole campus at 5601 Manor Woods Road, Frederick, MD.

__________________ See the CRG blog at: responsiblegrowthfrederick.com Contributors: P. Gallagher, R. Huber, M. Rosensweig, K. Sellner, J. Wagner CRG is a grassroots coalition of Frederick residents who prioritize responsible growth, expanding infrastructure, and a functional natural environment. We advocate for development that accommodates projected population increases while fostering a strong and diverse community fabric and increasing economic opportunities. Our comprehensive approach emphasizes public safety, traffic mitigation, increasing school capacity, and housing for all members of our community. Many Frederick residents want to know — but cannot find — information about how to participate in discussions of important local issues. The City and County generally hold meetings from 3–10 p.m., making it impossible for most of us to attend meetings or weigh in on issues of interest. Our mission with this monthly newsletter is to highlight City and County activities so you can learn more and, with your limited time, weigh in on areas of growth and development, City and County policies, and other local activities. Occasionally, opinions or longer stories will be offered by knowledgeable experts/readers. We welcome suggestions for articles focused on specific topics. Contact Kevin Sellner (kgsellner@gmail.com), Marge Rosensweig (marjorierosensweig@gmail.com), or Steve Jakubczyk (jakubczyksteven@gmail.com) for consideration of your issue.

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