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03-02-2011 (FNP) Speakers: Ordinance repeal will crowd Frederick County schools

The Frederick County Commissioners voted 4-1 Tuesday to repeal the ordinance that has applied the county adequate public facilities schools test to certain properties in municipalities since November 2009.

The ordinance was not applied in practice before several municipalities challenged its legality in December 2009. Petitions for judicial review of the ordinance were filed by the municipalities of Frederick, Thurmont, Brunswick, Emmitsburg and Myersville, the burgess and commissioners of Middletown, Woodsboro, Summers Farm LLP and Crum Commercial Farm Development LLC.

The county’s stated purpose for adopting the ordinance was to ensure that schools would be built before development could overburden them in areas the City of Frederick annexed — the Summers and Crum farms among them. Municipal leaders balked at the suggestion that they do not plan for school needs when approving development, presented arguments that the county had overcrowded schools in unincorporated areas before 2009, and that the county may have no legal right to impose the ordinance.

On Tuesday, many municipal leaders and builders told commissioners that the previous Board of County Commissioners had soured the relationship between the county and municipalities, and the ordinance worsened the situation. Mayors, burgesses, builders and land-development lawyers assured commissioners that they would work cooperatively with the county to plan for school capacity and would withdraw the legal action if the county would rescind the ordinance.

That order of events is wrong, said Commissioner David Gray. He advocated ideas from speakers who urged commissioners not to repeal the ordinance until something was written to replace it, a memorandum of understanding or an agreement to set certain standards that limit development according to school capacity.

Opponents of the repeal said Gray is the only one who is thinking of the effect that overcrowded schools would have on children. Commissioners President Blaine Young and Commissioner Paul Smith said they have children in public school, and they are taking into account the effect the repeal will have.

Lawyer Rand Weinberg said the commissioners should repeal the ordinance because it did not foster cooperation but represented an attempt to negotiate with a hammer over the heads of municipalities.

“The least productive way to negotiate a good solution … is with a threat,” he said.

Frederick Mayor Randy McClement, whose municipality was at the heart of the original matter before he took office, said he would work closely with the county on a solution. He said he was not speaking for the city aldermen, but believed they would be willing to work with the county to set an adequate public facilities ordinance for the city that would meet county approval.

The ordinance repeal went into effect Tuesday.

Originally published March 02, 2011

By Patti S. Borda

Speakers:

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02-20-2011 FNP letter to the editor: Meddling with our APFO risky business

This letter is a comment on the recent vote to consider the repeal of Ordinance 09-28-532 by the Frederick County Commissioners. This vote took place on Tuesday, Feb. 8, and it passed 4-1.

There is something deeply troubling about a Board of County Commissioners that would allow residential and commercial real estate developers to simply “promise” to provide adequate funding for school sites, roads and other public facilities in their plans.

Real estate developers usually consider such infrastructure last — they are, after all, in the business of generating profits for themselves and their shareholders. Building a pool or widening a road or providing sidewalks or a school site is an expense rather than an investment for the development.

In addition, what evidence is there that municipalities would ensure adequate services are provided for new residential or commercial developments with the same rigor that Frederick County has shown? Frederick County has invested a great deal of time and money in planning for future growth — in five-, 10-, 15- and 20-year increments. Have incorporated municipalities done similar planning?

Lastly, how is abrogating the authority already vested in the Frederick County Commissioners to local municipalities in the best interest of Frederick County? It is not. A centrally controlled, countywide growth plan was the best course of action for past commissioners. Clearly this board is different.

Although this story was buried on page A-5 of the paper, it is just the beginning of a major effort by the majority of the commissioners (many with deep roots in real estate development) to deregulate the growth of Frederick County and uncouple that growth from the Frederick County Growth Plan.

Fair warning.

Paul Landon

writes from Frederick.

Originally published February 20, 201

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01-19-2011 Public hearing on GMC: large church impacts upon public health, safety and the environment

In 2008 Global Mission Church, with current perish in Silver Spring, announced its plan to expand to Frederick County , clear forest and farmland, to build a 140,000 ft 2 complex at the base of Sugarloaf Mountain.  This megachurch would be built on well and septic;  local residents and professionals alike have expressed concern that this development would greatly impact the area’s wetlands, the Little Bennett Creek and the Piedmont Sole Source Aquifer.  

In October 2009 the Frederick County Planning Commission voted to deny the Global Mission (GMC) Site Plan because, according to the Health Department’s regulation GMC’s plan would exceed the septic capacity of 4,999 gallon per day.  GMC had time to bring their plan into compliance but did not do so.

In March 2010 the Frederick County Board of Appeals (BOA) voted 4-1 to send the GMC site plan decision  back to the Planning Commission for further proceedings and to give the GMC additional opportunity to discuss their site plan with county staff.

In July 2010 Judge Dwyer, Frederick County Circuit Court, GMC July 2010 Dwyer decision.

On January 19, 2011 2pm Frederick County attorney, Wendy Kearney, will present the county’s appeal to the BOA March decision and support the Planning Commission’s 2009 decision in the  Frederick County Circuit Court .    Please try to attend;  if you can’t make it check our website afterwards for a report.

Thanks to all Frederick and Montgomery County residents, specifically the Montgomery Countryside Alliance (http://mocoalliance.org/2010/11/global-mission-church-update/) for  participation and excellent testimony at the many public meetings on this issue. Please continue to speak out on behalf of clean air, water, public health and safety, open space and the flora and fauna that depend upon it.