Download letter as pdf file here.

A film directed by Josh Fox, winner of Special Jury Prize-Best US Documentary Feature-Sundance 2010, nominated for an Academy Award for Best Documentary. “The largest domestic natural gas drilling boom in history has swept across the United States. The HALLIBURTON-developed drilling technology of “fracking” or “hydro-fracking” has unlocked a “Saudi Arabia of natural gas just beneath us. But, is hydro-fracking safe?”

Post film discussion led by sponsors  Citizens for the Preservation of Middletown Valley and the Sierra Club.

where:  CHRIST REFORMED CHURCH,12 S. Church Street, Middletown MD

By Patti S. Borda 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.

I’ve lived in this county most of my life. I’ve seen a lot of change around here since the ’70s, but some things don’t change. Many of those speaking out against the comprehensive plan appear to have a financial interest to protect. My guess is that there will also be a lot of money flowing into the upcoming County Commissioner election to support a pro development slate of candidates. The rest of us also have a financial interest. Our taxes go to support infrastructure and growth.

Growth needs to be more that just a business opportunity for a select few. Our community needs to grow, but how we grow will impact the quality of life in Frederick County for generations. The new comprehensive plan is a good road map. Developers and their lawyers seem not to like the new comprehensive plan. I recall a campaign slogan from Commissioner John L. Thompson Jr., “When developers win, you lose.” That slogan is a little over the top for my liking, but maybe it deserves consideration in the current “conversation.”

RICHARD MARANTO

Middletown

Originally published June 01, 2010

http://www.fredericknewspost.com/sections/opinion/display_lte.htm?StoryID=105616

http://www.yesmagazine.org/new-economy/local-economies-close-the-distance-between-us

Mandatory Adoption

Every municipality in Maryland is required to adopt a “municipal growth element” as part of its comprehensive plan.  The initial deadline for meeting this requirement was October 1, 2009.  For good cause shown, the Maryland Department of Planning may grant up to two six month extensions of this deadline — to either April 1, 2010 or October 1, 2010.

The Maryland Legislature has provided for the suspension of zoning authority in any municipality that fails to adopt a municipal growth element within the prescribed time limits.  By establishing this extraordinary penalty, the Legislature has underscored its commitment to sound planning at the municipal level.

Download the Municipal Growth Element Fact Sheet here.

Purpose

In developing its growth element, a municipality must, among other things, evaluate and disclose the potential impacts of its planned growth on county-wide services and facilities (e.g. roads; schools; water and sewer; parks; fire and emergency services etc.).  This information, in turn, will enable the county to project the likely costs of accommodating proposed municipal growth plans.

Mandatory Consultation

A municipal corporation is required to consult with the county in developing a municipal growth element.  In the course of this consultation, the county may provide the municipality with information related to the cost to the county of accommodating proposed municipal growth.

Mandatory Period of Review and Comment

A municipal corporation is also required to provide a copy of its proposed municipal growth element to the county and, for a period of 30 days thereafter, to accept comments from the county.  In its comments on the municipal growth element, the county may request additional information on the impacts of planned growth on county-wide services and facilities.  The county may also request that the municipality decrease the size of its planned growth area where (i) county-wide services and facilities are not sufficient to accommodate municipal growth plans; and (ii) the county will not in the foreseeable future have the resources to expand its infrastructure to accommodate this planned municipal growth.

Mandatory Meeting of County and Municipal Officials

Within 30 days following the close of the comment period, the county and the municipal corporation “shall meet and confer regarding the municipal growth element.”

This meeting provides the county and municipality an opportunity to resolve differences of opinion regarding (i) the likely costs to the county of municipal growth, as proposed; and (ii) the appropriate size of the planned growth area.  According to the Maryland Department of Planning, “HB 1141 mandates that jurisdictions meet and confer on this subject before the municipal growth element can be adopted.”

Mediation by the Maryland Department of Planning

Following this meeting, “on the request of either party”, the county and the municipality shall employ the mediation and conflict resolution office of the Maryland Department of Planning to resolve any remaining differences of opinion.  The Maryland Department of Planning has stated that:

Good planning dictates that the municipality and county agree on those land areas that will someday become part of the municipality.

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