Frederick County DRRA Amendment Moves Forward

Frederick County Executive Jan Gardner

George Wenschhof

Democratic Frederick County Executive Jan Gardner’s amendment to Developer Rights and Responsibilities Agreements (DRRAs) has moved forward with Councilmember Steve McKay (R-District 2) introducing it to the County Council on March 5, 2019.

McKay, who stressed the need to amend DRRAs in his campaign, said he was pleased to introduce the amendment that will cover several areas. First, it will change the minimum requirement to be considered to 1,500 homes. Second, it defines an enhanced public benefit to be included in agreement, which is above and beyond Adequate Public Facilities Ordinance (APFO) requirements. It will also limit the length of agreements to five years with a five-year option and put limits on what is frozen.

The Maryland General Assembly in 1995 passed enabling legislation for DRRAs to address in part, late vesting of development projects, often defined as when foundations are built, the pendulum swings on how to manage growth resulting from changes in local elected officials and to provide some assurances to both developers and local government in zoning and regulations over the length of the development.  DRRAs are intended to be a benefit for local government and developers by providing benefits for each that would not be available without the agreement.  The state legislation does not limit the length of the agreement, restrict the number of homes or define a public enhancement that is above and beyond what is required by APFO review.

During the 2010-2014 board of county commissioners led by president Blaine Young(R), 13 DRRA’s were entered into, including one with 43 units that does not expire until 2034.  These agreements cover a total of 13,097 housing units, have an average length of twenty years and are the only approved DRRAs in Frederick County.

Gardner said, “I introduced this same bill during the term of the prior County Council. While the prior council debated it, they ultimately let the bill time out and made no decisions.

“I fully support my proposed legislation, which would require any future developer agreements to include an enhanced public benefit―like a school, regional road improvement, fire station―and prohibit the freezing of fees. The agreements should provide a benefit to existing residents and taxpayers.”

Gardner added, “I believe the five-year timeframe is appropriate because the county should reserve the right as it historically has done to review a development project if it does not proceed in a certain period of time because circumstances change including school overcrowding, road capacity, fire service needs and so forth.”

Gardner felt “DRRAs should be reserved for larger developments that will take longer to build and have the capacity to provide enhanced public benefits. Smaller developments do not have the financial capacity to make major infrastructure improvements and they can build out over a much shorter period of time.”

In regard to the number of units, she said “I am open to some flexibility in the 1,500-unit number, but these agreements should only be available to large projects for the reasons stated.”

Eric Soter, president of the Land Use Council of the Frederick County Building Industry Association and former Frederick County planning director, said, “The county already has the ability to accept or reject any DRRA right from the beginning as it is not a ‘by-right’ type of tool. So they are merely tying their own hands if the right project comes along.”

He noted, “There are no 1,500-unit developments on the horizon, there is not any ground right now that is planned in the County to accommodate that many units for one project. There is only one project with more than 1,500 units that is currently active and that is Lake Linganore.”

Frederick County Councilmembers Steve McKay (R-District 2), Phil Dacey (R-at-large), Kai Hagen (D-at-large), and Jerry Donald (D-District 1) all said they were willing to discuss the 1,500 minimum unit requirement. 

Furthermore, Soter said, “Even if there ever is a future project that would meet the criteria, the five-year timeframe doesn’t typically get you through the approval process. Perhaps some mass grading may begin, and some initial infrastructure, but with the State of Maryland being a ‘late-vesting’ state, there are no assurances that zoning could be removed for all or a portion of a community at any time without such a tool.” 

The public hearing of the proposed DRRA amendment will be April 2, 2019.

Frederick County, Maryland County Executive and Council Results

George Wenschhof

Turnout was indeed high for a midterm election with a 58.44% turnout with 101,049 votes cast out of 172,907 registered voters during early voting and the 2018 general election.  Early voting favored Democratic candidates and as I suspected unaffiliated and write-in candidates would fall flat.

Frederick County incumbent county executive Jan Gardner (D) won reelection against Republican challenger Kathy Afzali with 51% of the vote.  Gardner (14,682) would win by 6,678 votes over Afzali (8,004) during early voting and she would win after general election day with early voting added in by 7,184 – Gardner (50,974) – Afzali (43,790).  So, on general election day Gardner (36,292) would beat Afzali (35,786) by 506 votes.  Earl Robbins, the unaffiliated candidate for county executive would only receive 4,639 votes total of the 99,502 votes cast for county executive during early voting and the general election.

In the county council race where voters elect two countywide (at-large) and 5 by districts, several races are still to be determined by the count of absentee and provisional ballots

In the at-large race, Democrat Kai Hagen (43,002), Phil Dacey (R) (42,781) and Danny Farrar (R) (42,531) are lock in a close contest to determine the two winners.  Absentee and provisional ballots will determine this race.  However, Hagen with a 471 vote lead over Farrar is in a good position to be one of the winners with the other decided between the two Republicans where only 250 votes separate them.

Democrat Susan Reeder Jessee (40,545) would come in a close fourth and incumbent council president Bud Otis (12,450) who changed party affiliation from Republican to unaffiliated came in last.  Four years ago Otis received the most votes in this race as a Republican candidate and Jessee came in a close third.

The district 1 county council race is another nail biter with Republican challenger Kevin Grubb(10,876) holding a 57 vote lead over incumbent Democrat Jerry Donald (10,819). Interestingly, Donald would come from behind four years ago when he beat Ellen Bartlett (R) after absentee and provisional ballots were counted.

The write in ballot by Republican district 2 council member Tony Chmelik was a dud with him receiving only 749 votes out of the 22,694 total votes cast.  Republican Steve McKay (13,054) who beat Chmelik in the primary election would win easily against Democrat Lisa Jarosinski (8,891) in a heavy Republican voter registered district.

Democratic incumbent district 3 council member M. C. Keegen-Ayer(10,343) would easily win reelection against Republican challenger Joe Parsley (5,974).

In district 4, incumbent Democrat Jessica Fitzwater (11,023) easily beat Republican challenger Jimmy Trout (6,901).

Republican candidate Michael Blue (11,671) would easily win the district 5 council seat vacated by incumbent Kirby Delauter who would be beat by Kathy Afzali in the Republican primary election county executive race.  Democrat Shannon Bohrer  would receive 6425 votes.

Regardless of which party, after district 1 and the at-large races are determined following the absentee and provisional count, the animosity that existed between three Republican council members and Democratic county executive Jan Gardner will not continue.  Republican at-large council member Billy Shreve lost in the Republican primary election to Craig Giangrande in his bid for district 3 Maryland state senate.  Shreve, Delauter and Chmelik who were all antagonists against Gardner are now out of office.

Democrats will have two members on the county council with Fitzwater (district 4) and M. C. Keegen-Aeyer (district 3).  Republicans will have two members on the council with Michael Blue (district 5), Steve McKay (district 2).

The party makeup of the other three council members will be decided following the absentee and provisional count.  The odds favor Democrat Kai Hagen to win one of the two at-large seats.  Which means either Republican Dacey or Farrar will win the other at-large seat.

This means the winner of district 2 race between Grubb (R) and Donald (D) will determine which party will have a majority on the board.

If Hagen and Donald win for a Democratic majority look to see Hagen be made council president.  If Republicans win the majority and Dacey is elected at-large, he could be made council president.  That is unless, McKay, who is known to favor Gardner, votes to support Kai for president.  Who is made county council president will be interesting to watch.

Editor's Update: The first round of absentee ballots will be counted on Thursday Nov. 8 beginning at 10:00 AM by the Frederick County Board of Elections. In the District 1 race, there are presently 425 Democratic Ballots, 232 Republican Ballots and 135 "Others" Ballots to be counted. Democrat Jerry Donald is 57 votes behind Republican Kevin Grubb after the general election.

In the at-large council race where two candidates are elected, there are 3,592 ballots to be counted with the breakdown by party as follows: Democratic - 1953, Republican - 1,003 and Others - 654. After early voting and the general election the three candidates vying for the two positions are Kai Hagen (D) - 43,002, Phil Dacey (R) 42,781 and Danny Farrar (R) 42,531.

Editor's Update:  Vote counting is continuing with the Frederick County board of elections issuing a statement they will finish on Friday Nov.9 and post results in the afternoon.

Stay tuned.

Frederick County Election Buzz (Governor, County Executive, At-Large Council)

George Wenschhof

With only three days until General Election Day Nov. 6, the following includes some musings on local elections in Frederick County, Maryland.

One thing to look for as the ballots are tallied is the coattails by Maryland Governor Larry Hogan (R) and County Executive Jan Gardner (D) on positions down ballot in Frederick County.

Governor Race

Ben Jealous, the Democratic candidate for Governor is trailing significantly (double digits) in polling and has to hope for a much higher Democratic voter turnout than four years ago.  Jealous will be looking for higher Democratic turnout in Prince George’s County, Baltimore City and Montgomery County.  Their campaign goal has been one million more voters than 2014. If they get it, look to see a Jealous win.

Four years ago Republican Larry Hogan beat Democratic Lt. Governor Anthony Brown by 65,000 votes (51%-47.2%).

At the end of early voting Democrats are outvoting Republicans (423,562-155,685) and in Prince George’s County (Dem: 90,120 – Rep: 4,933), Baltimore City (Dem: 42,176 – Rep: 2,055) and Montgomery County (Dem: 81,388 – Rep: 14,518).

Democratic registered voters outnumber Republican registered voters in Maryland 2-1, yet Hogan won 4 years ago.  Again, polling indicates an easy Hogan win.  However, keep an eye on voter turnout on Election Day.  A Blue Wave could propel Jealous to victory.

As a result, in this election, many local Republicans have been running with a “Team Hogan” slogan where Frederick County voters in the 2014 general election went for Hogan (Hogan: 50,715 – Brown: 27,682)

Frederick County Executive

I interviewed all three candidates for county executive and published a question and answer with them in an article in The Urbana Town Courier.

Democratic incumbent county executive Jan Gardner has clearly demonstrated over the last four years and throughout the numerous campaign forums during this campaign, she is the most competent candidate for county executive.

Kathy Afzali, the Republican candidate for county executive has extensively used “Team Hogan” throughout her campaign hoping Hogan, who is favored to win Frederick County, will help her to victory as well.

However, the unaffiliated run by Earl Robbins, an experienced businessman who has been active in the community for years who is hoped by some political insiders to have a negative impact on Gardner in this race, could actually boomerang and help Gardner.

The local Republican Party is fractured with the old guard favoring councilman Kirby Delauter who ran for county executive and was beat in the primary election by Kathy Afzali. He has been urging his Republican supporters to vote for Robbins over Afzali.

How to best manage growth continues to be the main issue in countywide Frederick County elections and ironically both Afzali and Gardner are running ads saying they have the best answer for runaway growth in the county.  Interestingly, Afzali who was a Maryland state delegate when Republican Blaine Young was president of the board of commissioners, never opposed the growth policies enacted by his board who I labeled “Blaine and Company”  resulting from their pro-growth and business friendly policies they passed while in office.

In a recent article I point out voter registration in the county shows Democrats (37.2%) and Republicans (38.7%) are essentially tied. Over the last 16 years Republican registration has dropped 7.6% and Unaffiliated gained 7%.  Democratic registration stayed at 37.2%.  So, it can be expected unaffiliated voters will vote more Democratic than Republican and with an unaffiliated county executive candidate, some will vote for Robbins.  However, unaffiliated is not a political party so do not look for them to automatically vote for Robbins.  Look, instead for unaffiliated voters to break Democratic.

Look to see the most qualified candidate Jan Gardner win the county executive race with Earl Robbins receiving less than 15% of the vote – Kudos to him for being the first African American and Unaffiliated candidate to run for countywide office in Frederick County. However, Afzali could run a close race with Gardner resulting from an effective campaign ad blitz and if Hogan wins big in Frederick County.  Afzali, with her last name starting with “A”, is also at the top of the ballot and this positioning often results in additional votes for a candidate.

At-Large Frederick County Council

In this race, voters will be picking two out of the five candidates on the ballot.  The two winners will be part of the seven member council with the other five members elected by districts. I asked these candidates, “What are the two most pressing issues facing Frederick County, and what you would do to address them?” and their answers were published in The Urbana Town Courier.

Danny Farrar and Phil Dacey are the two Republicans running and out of these two, Dacey, a former one term City of Frederick alderman, is likely to run a competitive race.  Four years ago both Republican candidates Billy Shreve and Bud Otis won these two positions.  With the change in voter registration I pointed out earlier, Republican candidates are no longer favored to win countywide races.

Incumbent council president Bud Otis is running for reelection, but this time as an Unaffiliated candidate.  As a result of his often siding with county executive Jan Gardner and the Democratic council members and the often 4-3 vote outcome on growth issues, he came under fire from fellow Republican council members Tony Chmelik, Billy Shreve and Kirby Delauter.  This would lead Otis to change his political affiliation mid-term to unaffiliated.  No unaffiliated candidate has won a countywide election in Frederick County.  However, look to see well known Otis be competitive.

If General Election voting mirrors the turnout in early voting where Democrats out voted Republicans by 3,360 votes, look to see the two Democratic candidates be at the top out of the five candidates for these two positions.  Kai Hagen, a former one-term county commissioner, is looking to reunite with Gardner who he ran successfully with 12 years ago with Republican candidate John “Lenny” Thompson and David Gray with what they coined the “Dream Team”.  The Dream Team victory aided by the Thompson slogan “If Developers win, you lose!”

Hagen, who has been out of office for eight years, received the top votes in the primary election which makes him favored in the general election.  However, Republican supporters of Billy Shreve and Kirby Delauter who both lost their primary election races will not support Hagen.  Again, look to see who has the stronger coattails in Frederick County.  If, Gardner wins easily, this will aid Hagen.  However, with Afzali also running a campaign to stop runaway growth, this will help Hagen as well.

Susan Reeder Jessee ran for at-large four years ago and barely lost, coming in a close third.  A candidate whose parents were actively involved in Frederick County politics, she is well respected across party lines and if elected would exhibit traits many voters long for today.  As a result, Susan will receive Republican, Democratic and unaffiliated votes.

Susan has run hard throughout the campaign going to events across the entire county and would be a positive addition to the Frederick County Council.

This race will likely be very close.

Republican County Executive Highlights Frederick County Races to Watch

George Wenschhof

The Republican primary to nominate their county executive candidate is likely to be very close.  The winner will face unopposed Democratic incumbent county executive Jan Gardner and Independent Earl Robbins in the General Election.

Republican voters will choose between three candidates.  

Frederick County council member Kirby Delauter makes no secret of his disdain toward Gardner. Delauter is a holdover from the previous and last board of county commissioners, led by board president Blaine Young who I labeled "Blaine and Company" in a 2013 column.  Their mantra of pro business, pro development and privatizing government services ushered in Democratic county executive Jan Gardner who defeated Blaine Young four years ago in the first election for county executive in Frederick County under charter government. 

Delauter and other candidates are still primarily battling over growth issues that have dominated Frederick County politics over the last few decades.

Delauter's primary opponents, Regina Williams and Maryland state delegate Kathy Afzali have taken a more moderate stance toward development throughout their campaigns.

Ms. Williams was a county budget officer who was in a relationship with former board president Blaine Young and was fired from her county position by Jan Gardner following her election victory.  Williams would reach a financial settlement with the county after filing a wrongful termination suit.

Regina is the daughter of Debbie Williams who is well known in the county and who founded The Patty Pallotos Fund, Inc., a nonprofit that provides aide to individuals suffering from cancer.

Maryland state district 4 delegate Kathy Afzali has the largest war chest of the three and would likely be the strongest Republican contender versus Gardner and Robbins in the General Election.  Afzali is a hard campaigner first elected after upsetting popular Republican incumbent Paul Stull in the 2010 primary election.

With each receiving significant support, look to see the winner receive less than 50% of the vote.  It would not surprise me if Afzali emerges as the winner in this contest.

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The Democratic primary to select two at-large (countywide) county council candidates will also be one to watch. This race illustrates the division among moderate and progressive Frederick County Democrats.

Former one term county commissioner Kai Hagen is trying to make a comeback after he and the Democratic candidates he ran with were soundly defeated by Republican Blaine Young and Company in the 2010 election.

A lightening rod for voters who support and oppose him, this time Kai is making no secret of his wish to be elected along with fellow Democrat Mark Long.  Long ran for county council in the 5th district and lost to Republican Kirby Delauter in the previous election.  Sadly, Long and his positions on issues is drowned out by the Hagen rhetoric.

Galen Clagett is also trying to make a comeback after retiring as a state delegate following a primary election loss for mayor to Karen Young in The City of Frederick 2013 primary election.  Clagett served as county commissioner for 8 years, 4 as board president and 12 years as a Maryland state delegate. 

There is no love lost between Clagett and Hagen with Hagen highlighting Clagett's support for Delauter and his endorsement of Republican Randy McClement following his primary mayoral loss to Karen Young in the 2013 city election.

Susan Reeder Jessee who, in her first entry into politics, barely missed being elected in the 2014 General Election. She came in a close third and there are indications she will receive strong support again. She may emerge as the leader in this primary election.

Kavonte Duckett wants to be the first African American elected to the county council and is a refreshing voice.  He has exhibited a strong work ethic and sincere desire to represent the voters of Frederick County.

Who will win the second slot along with Susan Reeder Jessee is hard to call.  Clagett and Hagen both enjoy strong support across the county. However, voters may decide they want to move forward and away from the past by choosing a new voice in either Duckett or Long.

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In the Republican at-large primary, Philip Dacey, a former City of Frederick alderman, is the front runner.  Who will come in second and capture the other at-large seat will likely be a close contest between Justin Kiska who is running again after losing in 2014 and Jason Miller. Danny Farrar is the other Republican candidate in this contest.

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The Republican primary race in county council district 2 between incumbent Tony Chmelik and challenger Steve McKay is another to watch closely.  Their positions on growth once again being the focus.  McKay is a supporter of Democratic county executive Jan Gardner so it will be interesting should McKay win the Republican primary to see if Gardner will support him over Democratic candidate Lisa Jarosinki who is running unopposed in the Democratic primary.

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Look to see Republican Kevin Grubb win the county council district 1 race against Dylan Diggs.  The winner will face incumbent and unopposed Democrat Jerry Donald in the General Election.

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Your vote matters - If you have not already cast your ballot during Early Voting, make sure you go to the polls on Tuesday June 26, 2018.

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Familiar Names Highlight County Executive and Council Race

George Wenschhof

Frederick County Council president Bud Otis was the only familiar name left off as the filing deadline for candidates closed at 9:00 PM Tuesday.  After receiving angst from Republicans for consistently supporting Democratic county executive Jan Gardner during his first term, Mr. Otis changed his political affiliation from Republican to Undeclared.  Undeclared candidates have until July 2nd to file a Declaration of Intent and must turn in the required signatures to be certified by the local board of elections by August 6th.  He would also be spared the primary election held on June 26th this year.

There have been some unconfirmed rumors, should he obtain the required signatures, he may file for county executive.  Interesting to note, no Undeclared candidate has ever won a countywide position in a Frederick County election.

Should Otis file to run in the at-large county council race, where voters choose two council members, he will join a crowded field filled with well known candidates.

Democratic voters will have 5 candidates to choose from and Republicans will have four.

Former county commissioner president and state delegate Galen Clagett is the most familiar name among Democrats.  In a press release Susan Reeder Jessee said “My deep desire to serve the citizens of Frederick County never left since my candidacy in 2014”.   Her parents Bruce and Odette held office in Frederick County for a combined 28 years.

Kai Hagen suffered a humiliating loss to Blaine Young and company eight years ago after serving one term as county commissioner.  He and Jan Gardner ran with Republicans John “Lenny” Thompson and David Gray 12 years ago as the Dream Team”.  They won with an anti-growth message highlighted with Thompson’s “If Developers Win, You Lose” slogan.

After losing in the 5^th district race four years ago to Republican Kirby Delauter, Mark Long is trying again, this time in the countywide at-large race.

The one newcomer is Kavonte Duckett, who I met a few years ago at a Frederick County Young Democrats Meeting. I was impressed with him and am not surprised to see him running for office.

Republicans won both at-large positions four years ago with Bud Otis and Billy Shreve.  This year, Philip Dacey a former City of Frederick alderman, is perhaps the best known Republican in the at-large race. However, also known are Justin Kiska, who is running again after losing in 2014 and Jason Miller, a columnist with www.TheTentacle.com.  They are joined by Danny Farrar.

District 1 incumbent Democrat Jerry Donald will not face a primary.  Four years ago, he won by a handful of votes and helped give county executive Gardner a majority on the board.

The Republican primary will be Kevin Grubb facing Dylan Diggs.  Grubb is a former City of Frederick police officer and previously ran for county sheriff.

District 2 incumbent Republican Tony Chmelik will face competition in the primary.  I have interviewed Steven McKay numerous times and he is best known as president of Residents Against Landsdale Expansion (RALE). Cedric Cole is the third Republican in the race.

The lone Democratic candidate in district 2 is Lisa Jarosinski and she will face the winner of the Republican primary.

In District 3, a heavily Democratic voter registered district, incumbent Democrat M.C. Keegan-Ayer does not have any opposition and as a result will be elected on November 6 in the general election.

District 4 is another heavily Democratic voter registered district and will not have a primary.  Incumbent Democrat Jessica Fitzwater will face Republican Jimmy Trout in the November 6 general election.

District 5 is an open seat after incumbent Republican Kirby Delauter filed for county executive.  This heavily Republican voter registered district will have a Republican primary with Michael Blue facing William Valentine. 

The lone Democratic candidate is Shannon Boyrer.

The county executive race will see a heavily contested Republican primary.  Kirby Delauter, who is presently a council member from district 5, has made no secret of his distaste of Gardner and her policies.

However, before he will have the opportunity to face Gardner, he will have to beat two formidable Republican candidates in the June 26 primary.  Both Regina Williams and Kathy Afzali are well-known to Frederick County voters.

Afzali served as state delegate in district 4 after proving her strong campaign skills by upsetting sitting and popular Republican Paul Stull.

Williams served as budget officer for Frederick County government and settled a lawsuit with the county after being fired by Gardner.  Williams was dating Blaine Young who ran against Gardner for county executive, at the time of her firing.  Her mother Debbie is well connected in Frederick County.  She established and has run the Patty Pallatos Fund for years.  Originally started in memory of a close friend who died of cancer, this fund has helped countless families in Frederick County.

Look to see the Republican vote be split in the primary, resulting in a very close contest.  Although Delauter has had the bully pulpit to express his disdain for Gardner, it would not be surprising to see one of the women win the primary.

The Republican winner will face incumbent Democrat Jan Gardner who will not have a Democratic challenger in the primary.  Gardner has received mixed reviews as the first Frederick County executive, following the passage of charter government.

The decades long battle on how best to manage growth continues with many of the candidates for county executive and council.

If he submits the required signatures and even though he received the most votes of any council member in 2014, don’t look to see county council president Bud Otis be the first undeclared candidate elected in Frederick County.

In addition to the Republican county executive primary, one of the fiercest primary battles will be among Democrats in the at-large race.  It is too early to handicap this race.  However, Susan Reeder Jessee, a relentless campaigner who prides herself with getting along with all political factions, has an excellent chance of moving onto the general election.

It is no secret Clagett and Hagen are not on the same page when it comes to politics or how they view county executive Gardner and her policies. So it will be interesting to watch the dynamics here. Also, watch to see if Mark Long, a good man who probably should have run again in district 5, aligns himself with Hagen or tries to be his own man in the primary campaign.  As the newcomer in the contest, it will be fun to keep an eye on Duckett.

Look to see Dacey, who has proven his fundraising prowess, be the odds on favorite in the Republican at-large primary with Miller and Kiska battling for the second slot.

Another close primary will be in district 2 among Republican incumbent Tony Chmelik and challenger Steve McKay.  McKay has been aligned with Gardner on growth issues. As RALE president, he has shown he understands campaigning and working hard on issues he cares about.

In the Republican district 1 primary, look to see Kevin Grubb prevail over Dylan Diggs and face Democrat Jerry Donald in the general election.

It will also be interesting to see if the primary date of June 26 impacts voter turnout.   

Stay tuned. 

Gardner: “I am in it to win it”

George Wenschhof

Jan Gardner

On a sunny, but chilly Saturday afternoon, about 150 enthusiastic supporters were on hand to hear from Jan Gardner(D) she was running for county executive of Frederick County, Maryland.

She told the crowd “My vision is for exceptional schools, a safe community, a vibrant economy, and a place where we all feel a sense of belonging and community.   I want to keep Frederick County a special place and a place where we care about each other, recognize that we are all in it together, and that our community matters.”

Among the supporters present at the announcement by the former three term county commissioner, who served her last term as president, were three members of that board; John “Lennie” Thompson(R), Kai Hagen(D) and David Gray(R).

Gardner wasted no time pointing out the need for change from the current board of county commissioners saying “On a personal level, I invested 12 years of my life to Frederick County and simply cannot believe how much damage has been done over the past three years.   I want to repair the damage and put the county back on the right path toward prosperity.”

Next year Frederick County voters will be electing, for the first time, a county executive and a seven member council.

Gardner acknowledged charter government will bring a new era of governance and said “I bring proven leadership to guide the transition and navigate the details while being inclusive, collaborative, and accountable.”

Gardner often took swipes at the present board of county commissioners, whose president; Blaine Young(R), is rumored to be seriously considering a run for county executive, after bowing out of a run for Governor.

“In the 12 years I was in office, we never had an open meetings act violation.   Now it is a common occurrence. Restoring ethics and trust in government is job 1.”

Gardner said “I will propose the creation of a truly independent ethics commission and stronger ethics laws that clearly state that county elected officials cannot profit from their position, or do business with the county, and I want to re-instate penalties so there are consequences for ethics violations.”

She applauded the citizens who have attended public meetings to speak out against the proposed Monrovia Town Center and criticized how they were treated. Gardner said “I felt an urge to come into to Winchester Hall to defend their right to participate in the process.   Citizens need to be treated with dignity and respect. I will welcome public involvement.   We are in it together.”

Gardner also said she supported those who are advocating saving the Montevue Home and Citizens. “For almost 200 years, we have taken care of people in need in our community at Montevue. To sell these facilities at a significant financial loss with no plan in place on how to take care of people is fiscally irresponsible and morally vacant.”

Addressing Waste-to-Energy, which she originally supported while serving as president of the board, Gardner said the project now appears to be dead. She pointed out that with Carroll County withdrawing from the project and no new partner identified, a smaller facility built for Frederick County only, was not financially viable.

Instead, she said Frederick County should expand residential and commercial recycling, develop composting programs, expand resource recovery systems, and negotiate long-term contracts to continue to ship the majority of the waste remaining after diversion, composting, and recycling to out of state landfills.

She concluded her speech by saying “There is clearly a lot to be done. It will be a challenge. It will also be exciting. I believe our best days ahead. I want you to know that I am in it to win it!”

At this early date, no other candidate for county executive has officially announced.

I had previously reported Democrat Gordon Cooley, who was former legal counsel for F&M Bankcorp and regional president for PNC Bank was considering entering the race.  In an email received from him yesterday, Cooley told me “after lots of consideration, I have determined not to pursue this position.”

Earl Robbins, a Democrat who was a long term Alcoa Eastalco executive, with government relations experience in Annapolis, is another name circulating in regard to the county executive race.

The 2014 primary will be held June 24 and the general election will be November 4.

Stay tuned.

 

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Hagen Accused of Ethics Law Violation

George Wenschhof

In a development that could hardly be called a surprise, an ethics complaint has been filed against former Frederick County Commissioner Kai Hagen.

Walter Mills of Frederick in a letter to the Frederick County Government Ethics Commission alleges Hagen has violated Section 1-7.1-4 (G) of the Frederick County, Maryland ethics ordinance which prohibits a former county employee or official from dealing with the county as a compensated representative of another during the first year after leaving office.

Mr. Mills has a long history of opposing local government intervention when it comes to land management and zoning issues, previously heading up an organization entitled Defenders of Citizens Rights.

In a telephone interview, Mr. Mills said Defenders of Citizens Rights operated from 2001 through 2006 and opposed efforts by Frederick County Commissioners, led by Republican John "Lenny" Thompson, to down zone properties adjacent to Route 15 North.

In colorful language, Mr. Mills expressed his disdain for former Commissioners Thompson, Jan Gardner, and Kai Hagen along with current Commissioner David Gray.

Mills is also angry at the down zoning which was done by the last board of county commissioners (BoCC), on which Kai Hagen served as a member. The current BoCC, led by President Blaine Young is presently reviewing the down zoning which took place, allowing landowners to petition to restore property rights.

It is testimony by Kai Hagen, Executive Director of Envision Frederick County, at BoCC meetings and Planning and Zoning Board meetings on this and other issues, which has Mills believing Hagen has violated the Frederick County Ethics Law. Envision Frederick County is a nonprofit 501 (c) (3) organization.

This charge is hardly a surprise as current BoCC president Blaine Young publicly stated weeks ago; he believed Hagen was in violation of the Ethics Law after Hagen questioned Young serving as honorary chair with a 501 (c) (4) non-profit entitled We The People of Maryland. Walter Mills was the initial resident agent and is one of four directors of We The People of Maryland.

In several conversations I had with Young, he asserted he had reviewed with the county attorney his involvement with We The People of Maryland and he was not breaking any law.

After following the exchange unfold between Hagen and Young, I asked Frederick County Attorney Linda Thall, what part of the Ethics Law pertained to this issue and she emailed me in part, the following:

The Ethics Ordinance’s restriction on employment is found in Section 1-7.1-4(G). This restricts the ability of County officials and employees from acting as compensated representatives of another in dealing with the County on specific matters in which they participated substantially as a County official or employee. The restriction applies for one year following the termination of their employment.

The County’s Lobbying Ordinance is contained in Chapter 1-7.2 of the County Code. (Both the Ethics and Lobbying Ordinances can be found on the County’s website by clicking on the links to government, then boards and commissions and then ethics commission. Certain types of non-profit entities are addressed in Section 1-7.2-2(B). Prohibited conduct is described in Section 1-7.2-9. The prohibited conduct restrictions apply to both for-profit entities and non-profit entities.

She also included a link to the county ethics ordinance.

A violation is subject to punishment of a fine up to $1,000.00 and/or imprisonment of up to six months.

I also met with the Aaron Valentino, chair of the board of directors of Envision Frederick County to discuss several issues, including the ethics accusation by Board President Blaine Young in regard to Kai Hagen.

Valentino, a well intentioned and thoughtful man, did not seem to believe there were any problems with Hagen's actions to date, but indicated he would certainly look into it.

In subsequent email exchanges, I also brought up the county ethics ordinance and asked how much compensation Hagen had received from Envision Frederick County. A question Valentino deferred to the full Board of Directors for an answer. I have yet to receive an answer from him.

Valentino brought up the notion of Hagen registering as a Lobbyist and I mentioned I wondered if that would violate the 501 (c) (3) non-profit status filed by Envision Frederick County.

Later, I contacted local attorney David Severn of the law firm Severn, O'Conner and Kresslein, P.A. and he sent me the following from the IRS Code in regard to lobbying efforts conducted by 501 (c) (3) non-profit corporations:

In a 501 ( c ) (3) charitable purpose no substantial part of the activities of the organization can be promoting propaganda, or otherwise attempting to influence legislation or participating in a political campaign. A 501 ( c ) (3) should not take part in a partisan political campaign for or against any candidate running for public office. Violation risks loss of tax-exempt status.

A “substantial part” of the organization’s activities cannot be to influence legislation including contacting or urging the public or members of a legislative body to support or oppose legislation , directly advocating for the adoption or rejection of legislation or having the enactment of certain legislation as a goal.

A 501 ( c ) (3) can undertake some lobbying on legislation so long as it does not exceed 5% of all its expenditures.

Whether or not, Mr. Hagen as Executive Director of Envision Frederick County, has violated either the Frederick County Maryland Ethics Ordinance or the IRS code, remains to be seen.

A ruling on either will not take place unless a complaint is filed. With the complaint being filed by Walter Mills, the Frederick County Ethics Commission will decide if the ethics complaint has merit and if so, render a decision after deliberation.

There certainly does not appear to be any intent by former commissioner Kai Hagen or the Board of Directors of Envision Frederick County to violate a law. Instead, both Hagen and Valentino exhibit a genuine interest in the future of Frederick County and have strong positions on issues of importance to them.

Unfortunately, this latest dust up on the legality of actions by both Hagen and Young is a continuation of the long standing "growth" versus "no-growth" debate expressed by two very vocal, passionate and well organized factions which exist in Frederick County.

I trust Envision Frederick County will review their current corporate status and allowable activities permitted under county and federal law and if necessary, make the changes needed for compliance.

Of more importance, is the need to elect reasonable, fair, and effective county elected officials in the future.

Frederick County residents deserve better than this long standing Hatfield-McCoy like feud over growth policy.

More balance is needed from county elected leaders as the back and forth pendulum swing over the last twenty plus years has been harmful to the community.

Decisions which are long lasting are desperately needed for present and future residents. The business sector and future job creation is also dependent on more stability.

Bringing people together and building consensus on an issue as important as growth is not an easy task, but one that must be undertaken.

Stay Tuned...

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Hagen Wrong Choice for "Envision Frederick County"

George Wenschhof

I could not help but feel skeptical as I watched the roll-out of "Envision Frederick County". The early January 2011 announcement followed the thumping "no-growth" county commissioner candidates, led by Commissioner Kai Hagen, received at the polls in November 2010.

The announced purpose of "Envision Frederick County" found on their facebook page states the following:

Envision Frederick County was founded on the principle that informed public discourse and active engagement of individuals and groups in our civic life is essential to our well-being and prosperity. We are dedicated to enhancing the social, economic and environmental vitality of our community. To that end, we employ a broad range of strategies, tools and programs to promote effective and accountable government, sustainable environmental and economic policy, and quality planning for long term growth and development.

The listed nine member Board of Directors are Judith Elizabeth Bauer, Steve Chafitz, Patrice Ann Gallagher, John Edwin Hinde, Ellen Kreis, James R. Racheff, Fred Ugast, Aaron Anthony Valentino and Robert White.

A noble purpose, with an impressive nonpartisan board of directors.

Yet, it appeared, at first blush, the creation of this nonprofit, would serve two immediate purposes; both aimed at benefiting Kai Hagen. One was the naming of Hagen as Executive director and the other was the announcement that funds would be raised to pay him an annual salary of Fifty Thousand.

As the newly named executive director, Hagen would be able to keep his name in the media, as he plotted strategy on how to return to elected office, receiving a paycheck as he did so.

A return to "Friends of Frederick", where Hagen got his start in local politics, was not possible as their executive director position was already filled by Janice Wiles. Wiles, was another of the "no-growth" candidates who lost in the 2010 election.

I hoped my initial thoughts would be wrong as the stated intent of the newly formed organization was one which is needed in Frederick County.

Unfortunately, my fears were correct, as Hagen has used his position to constantly objected to actions by the new all Republican Board of Commissioners, led by "pro-growth" advocate and Rush Limbaugh wannabee talk show host; Blaine Young.

In a January 1, 2011 article in The Gazette written by Katherine Heerbrandt, she wrote; "One thing they will not do, said Hagen, is raise money for political candidates, act as a pool for potential candidates, or make endorsements in elections".

Yet, in a recent column appearing in The Gazette, written by Sherry Greenfield on June 2, 2011, Hagen speaks about the hours he spent collecting signatures for a petition to force a special election for the members of the "Charter Writing Board" appointed by the Board of County Commissioners.

Making one question whether "Envision Frederick County" should have been registered as a political action committee as opposed to a non profit.

Objections to the actions taken to date by the newly sworn in commissioners are desperately needed, but Kai Hagen is not the one to voice them at the moment.

In a recent conversation with a group of local Democratic Party activists, one woman, who has been involved in politics for many years, said "Hagen was like waving a red flag to Republicans" – I agree.

Leading me to to opine Hagen is the wrong choice for "Envision Frederick County".

The intent of the organization is a noble one and one the community should support as Frederick County residents deserve a reasonable voice when examining the past, dealing with the present and planning for the future.

I trust the "Envision Frederick County" board of directors understand their newly formed organization is more important than one person. Reconsideration is needed in who will be their executive director tasked with implementing their goals.

It has been said the board of directors were handpicked by Hagen – This may be true, but they strike me as a group of independent thinkers who are capable of seeing that Hagen is not a good fit for this new local nonprofit.

Hagen should not wait for the board to act but should resign, to take time to reflect and renew before reentering the local political scene.

I voted for Kai Hagen in the 2006 election which he won. Over the next four years, his actions lost my support when he ran for reelection in 2010.

Kai showed he never learned the difference between activism and governing. Activism brings attention to an issue whereas governing is where consensus must be reached and decisions are made.

Hagen never learned the importance of obtaining two additional votes on the five member board of county commissioners and failed miserably when he was on the right side of the issue opposing the construction of a costly incinerator to handle Frederick county waste disposal.

He never articulated a reasonable alternative and consequently was unable to obtain a single additional vote from the board members.

Hagen has tremendous talent and a good mind. He would be well advised to take a break from local politics and take time to reflect.

For too long, Frederick County residents have been subjected to extremes in political viewpoints. Presently, they are faced with draconian far right wing actions taken by four members of the Board of County Commissioners.

The answer is not a tit-for-tat response from political activists from the far left. Rather, what is needed is fair reasonable, effective and balanced representation which will work hard to unite as opposed to dividing the community.

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Charter Board Appointments Challenged

George Wenschhof

As expected, a petition drive has begun to force a special election for the members of the Frederick County Charter Writing Board.

This board is charged with developing the document which, if passed by the voters in the 2012 general election, would provide the governing policies for Frederick County government.

The eight challengers for the nine member board have sixty days from March 10 (the day the nine appointments were made) to obtain two thousand verified signatures from registered voters of Frederick County.

If successful, the board of elections must hold an election within ninety days following the expiration of the sixty days from the date of appointment of the charter writing board.

Now the petition effort has begun, County Attorney John Mathias may wish to postpone meetings by the appointed charter writing board until the sixty day period has expired. If a special election follows, Mathias may deem it appropriate to delay meetings by the charter writing board until after the election.

As I wrote previously, dissatisfaction of the process used by the county commissioners was evident immediately following the announcement by county commissioner president Blaine Young.

While, I believe the board of commissioners made an effort to conduct a open and even televised process for selecting the members, it was also a certainty a challenge to the appointment process would take place.

The county commissioners could have simply appointed the members. An interview is not a requirement. However, it was the televised interviews which caught the attention of many who viewed them.

The lack of consistency of the questions asked to the candidates and some of the silly questions asked were evident to those who watched the interviews.

At the same time, some candidates, such as Robert Kresslein and Ken Coffee (both were selected), performed very well.

Both Janice Wiles (Friends of Frederick County) and former county commissioner Kai Hagen (Envision Frederick County) have said to me they are not behind this effort. However, expect both to be branded with conspiring to run the challenging slate of candidates to serve on the charter writing board.

At first blush, some will say the eight challengers appear they could be labeled as "anti-growth". If true, this effort could quickly deteriorate into more of the same "growth" versus "no-growth" county commissioner battles of the last twenty years.

But. it is also likely they are indeed motivated over their dissatisfaction in regard to the process used by the county commissioners to select the members of the charter writing board.

A quick look at some of the challengers reveals Aaron Valentino is chair of the board of directors of Envision Frederick County and Ellis Burruss lost in the county commissioner race last year while appearing on the "managed growth" slate.

Donna Kuzemchak and Russell Winch served as elected officials, with the City of Frederick and Town of Walkersville. John McClurkin served on the Frederick County Planning Commission. Paul Gilligan has been a long term advocate for the rural legacy program and ran unsuccessfully three times for delegate in district 3-b.

Rolan Clark has been a long time Democrat who has volunteered in the local Democratic Party rapid response efforts in the past and has been vocal in regard to his positions on local issues, including the recent waste-to-energy debate.

Three of the challengers had applied for consideration by the county commissioners to serve on the charter writing board and were not selected for an interview.

Arguments from some against a special election will certainly include the estimated cost of $150,000 from the board of elections to hold the election.

Yet, others will argue the special election will serve to further educate the voters on how charter government will impact them.

I have been a long term advocate for charter government and my support of the change has nothing to do with a "growth" or "no-growth" perspective. Rather, my support stems from my belief that a charter form of government with an elected executive and county council would better serve the voters than the current board of commissioner form of government.

However, I also strongly believe the voters should be engaged in the charter writing process. The balance of power between the executive and county council, and whether the council should be elected by district or at large are but a few of the many sections of the charter that deserve full public input as the charter is being drafted by the board.

The expense of 150 thousand out of the 448 million Frederick County general fund is a small figure when one considers the impact changing the form of government will have on the lives of Frederick County residents.

Rather than fight the effort to hold a special election for the members of the charter writing board, it would be prudent to understand some are concerned with the current make up of the board.

Educating the voters on what charter government means to the charter writing board candidates would hopefully be part of the petition drive and subsequent campaign.

The change to charter government in Frederick county has failed numerous times in the past. Most often, due to confusion and personalities, rather than on merit.

If two thousand verified signatures are obtained, a special election will be held and the voters will decide who sits on the charter writing board - democracy in action - which is a good thing.

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Editor's Note - I was among 52 original applicants who applied to serve on the nine member charter writing board

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