The Cecil Land Use Alliance Newsletter

The Cecil Land Use Alliance Newsletter

Volume One, October 2007 Number One
The CLUE

Calendar of Events

Cecil Land Use Alliance business meeting (open to all) Wednesday, October 10, 7 p.m. at the North East library.

A Broader View of Public Facilities

We hear a fair amount about an “Adequate Public Facilities Ordinance” (APFO) for Cecil County. It’s a law that would regulate growth in an area according to the local capacity of designated parts of the county infrastructure: roads, schools, emergency services, public water and sewer, etc. The idea is that we shouldn’t be adding to the population in areas where, for example, schools are already overcrowded or the roads can’t handle the additional vehicles. An APFO must, however, provide a funding mechanism – usually some sort of “impact fee” on new development – that allows the county to expand the needed facilities within a reasonable time. About half the counties in Maryland already have an APFO. Last year, the county’s Council of Governments, which includes the mayors of all eight incorporated towns and two of the county commissioners, drafted an APFO for Cecil County. There is a lot of information on this on the CLUA web site; look under “Land Use Documents”.

This year, unfortunately, the APFO has gotten bogged down in a discussion of what should be included as a “public facility”. I’m not going to get into that dispute here, but I simply want to point out that there are resources that are usually not considered public utilities for APFO purposes that actually should be factored into plans for residential development. For example, the recently adopted “BRAC Action Plan”, that CLUA has endorsed (http://www.ccgov.org/news/BRACactionplan.cfm), takes quite a broad view of the resources required by development. In addition to roads, schools, police, and water service, the plan also discusses things like public transit, social services, workforce training, information technology, and medical access.

Let me expand on that last one. Did you know that there are two areas in Cecil County – in Conowingo and Perryville – that are already designated “Medically Underserved Areas” by the Federal government? One doctor in Rising Sun has stopped taking new patients. The county Health Department intends to request that Cecil County as a whole be designated a “Health Professional Shortage Area”, which will provide some resources to help recruit and keep doctors here. All this will undoubtedly come as a surprise to people who will be moving into all the developments on the books in the western part of the county – they are probably not expecting that they will have to travel to Bel Air or Newark for even primary medical care. (My thanks to Stephanie Garrity, Deputy Health Officer, Cecil County Health Department, for this information. I have a more complete report by Stephanie for anyone who is interested.)

My general point is that we need to think “outside of the box” and ask a lot of questions of our leaders – questions that are beyond the usual arguments about zoning density and bridge repair – as the county attempts to plan for growth. Otherwise we will likely all be victims of the law of unintended consequences.

George Kaplan, President

CLUA Priorities for study and statements of position by end of year:

APFO / impact fees
Definition of growth areas / TDR receiving areas
Water & sewer in the growth corridor
Enforcement of existing ords & regs for development / Comprehensive Plan
No shared facilities in agricultural areas
Commuter rail
Annexations

Commissioner Demmler on the Comprehensive Plan:

The following was within a message that Commissioner Rebecca Demmler sent to the mayors and the planning commission members to keep them informed on the process of selection of the committee members for the Comprehensive Plan Review: ”I thought it may be of interest to citizens following this process. There has been a RFP put out for a consultant who will oversee the review. The following is copied from a section of that Request for Proposal which describes what is expected of the consultant we seek and gives other background.

”The successful consultant will work with the staff of this office (meaning P&Z) as well as a citizen oversight committee appointed by the Board of County Commissioners to develop the next Comprehensive Land Use Plan for Cecil County. It is anticipated that the successful consultant will initially need to meet with the oversight committee on a monthly basis with potential for more frequent meeting if it is deemed necessary by the Committee. It is also anticipated that this process will last for a minimum of two years. The successful consultant must prepare a draft Plan that includes the requirements of Section 1.01 and section 3.05 of Article 66B of the Annotated Code of Maryland. Particular attention needs to be paid to the recent requirements contained in HB 2 and HB 1141 regarding the priority Preservation Areas Element, Water Resources Element, and the Work Force Housing Element. An examination of the nutrient caps pertaining to point to non-point discharges into the Chesapeake Bay as a result of the 2000 Chesapeake Bay agreement should also be accomplished as the caps could have an effect on where the majority of the future growth of the County is directed.

In addition to the above referenced work, the successful consultant will also prepare a sub-area plan concentrating on the Mineral Extraction District situation between the Towns of Port Deposit, Perryville, Charlestown and North East. The sub-area plan will need to recommend the most appropriate future land uses, identify infrastructure (water, sewer, gas, etc.) and transportation needs contemplated to adequately serve growth in this area once the minerals have been extracted or they are no longer economically recoverable.

The respondents need to include examples demonstrating effectiveness on projects of similar nature as part of their responses.”

Timelines:
RFP Issuance 4 September 2007
Responses Due 1 October 2007, 4:30 p.m.
Respondent Interviews: 2 October – 16 October 2007
County Review: 2 October – 16 October 2007
Commissioners Award: 6 November 2007
Notice to Proceed: 7 November 2007

Comprehensive Plan Citizens Oversight Committee Members

In response to CLUA concerns, regarding the make-up of the Comprehensive Plan Citizens Oversight Committee, (see recent letter at http://cecillanduse.org/clua/To_BOCC_re_committee.pdf) CLUA is pleased to see that the committee has widened to be more inclusive of the concerns of our community.

This is the updated and most recent (26 September 07) list. It will very likely be the final list. Names of the 40 contemplated members of the above referenced committee have been submitted for the Boards review. They are as follows:

Planning Commission – B. Patrick Doordan
Economic Development Commission – Robert Hodge
Soil Conservation Service – Daniel Polite
Board of Realtors – Paula Gilley
Sheriff’s Department – Jeff Clewer
Chamber of Commerce – Brian Bolender
Bainbridge Development Corporation – Dr. Robert Gell
Development Community – Mike Pugh
Board of Parks & Recreation – Linda Snyder
MD Park Service – Shawn Day
Agricultural Advisory Board – Vic Priapi
Tourism – John Poole
Land Trust – Sandra Edwards
Forestry – John Bennett
Council of Governments – John Bunnell
Farm Bureau – Dan Derr
Fireman’s Association – Donna Deckard
Environmental Health – Chuck Smyser
Stewart Associates, Inc. – Gary Stewart, Jr.
ARCA – Ed Cairns
CHARGE – Kennard Wiggins
FORS – Diana Broomell
CCLUA – Owen Thorne
Fisheries – Harold Cheney
Board of Education – Henry Shaffer
Concerned Citizen – Will Whiteman
Concerned Citizen – Donna Tapley
Concerned Citizen – Eileen Butler
Concerned Citizen – Vernon Duckett
Concerned Citizen – Vaughan Ellerton

Commissioner Tome’s Appointments – Walter Buck, Jr., Philip Schaub
Commissioner Demmler’s Appointments – Phyllis Kilby, Rupert Rossetti
Commissioner Guns’ Appointments – Sarah Colenda, John Denver
Commissioner Manlove’s Appointments – Patricia Folk, Carl Walbeck
Commissioner Lockhart’s Appointments – Dan Whitehurst, Anne Jackson

The Rural Problem of Light Pollution

It is now estimated that less than ten percent of Americans have an opportunity to gaze upon the Milky Way. Growing up in the country near Newark Delaware some 50 years ago, the Milky Way was a relatively common sight. My few neighbors then had maybe a porch light on, if company was expected. The Milky Way is now invisible virtually all the time in Newark, in Elkton, and in Perryville etc. The glow of the stars is now easily outshone by the glare of Baltimore, Wilmington and Philadelphia in our hazy skies. The splendor of the night sky has all but been extinguished, unless one travels to the desert, the mountains, or the artic.

Still, one can look for the more common stars and planets, view the moon, and perhaps see a meteor or a comet, if it is bright enough. The annual late summer meteor showers known as the Perseids can still be seen in rural Cecil County. That is, unless your neighbors have sodium vapor high intensity spotlights that create a local glare where you might choose to look. Or unless the streetlights in your neighborhood are unshielded, and spread their light in all directions, or unless you happen to live near an automobile dealer or fast food outlet.

I’d like to suggest that light pollution is as bad for us as polluted water, smoggy skies, or neighborhood litter. Spending money to burn carbon, to light places that require no lighting is a bad idea in general, but even worse when our local governments and municipalities do it with taxpayer money. Aside from the fact that it despoils the rural charm that some of us seek, it is wasteful and unhealthful. Medical studies link our circadian rhythm to light. A disruption of the body clock can have unhealthy results. We humans have evolved to see reasonably well in dimly lit conditions. Try going for a “moon walk” on a country lane and you will be charmed by how well you can see without the aid of a flashlight, once you have acclimated your eyes. The use of spotlights and streetlights destroys our natural night vision. The extreme contrast of bright lights, makes us unable to perceive the landscape in the deep shadows. It has the same effect on animals, insects, and migrating birds who suffer habitat loss to light pollution. High intensity lighting actually can abet crime by creating the dark shadows that the lighting was intended to illuminate. The darker the night, perversely, the less light that is needed to light areas for human use.

It is perhaps small beer compared to the many issues we face today, but I think a little attention to this issue by our elected officials and planners would be a positive step ways towards improving our quality of life, saving money, and saving energy. It would cost next to nothing to write ordinances that would govern new and future public lighting, and begin to reverse a very unsettling trend. People have a perfect right to light their homes and their businesses, but like smoke, or run-off, if their light impinges unwanted on a neighbor, then it becomes a public policy issue, that begs for regulation. Fortunately, there are many shielded and energy efficient designs on the market that can easily meet this need. I recommend to our readers a very thorough essay on this topic at: http://www.newyorker.com/reporting/2007/08/20/070820fa_fact_owen or you may want to look at the International Dark Sky Association website at: http://www.darksky.org. Lighting ordinances to protect dark skies are not
a wild idea; cities like Tuscon and San Diego in the southwest have passed
such ordinances, and the web site provides some sample language.

Ken Wiggins, CLUA Vice President












Our newly elected Board of Directors and Officers


CLUA Officers:

President: George Kaplan
Vice President: Ken Wiggins
Secretary: Rupert Rossetti
Treasurer: Wendy Moon

CLUA Board of Directors

Diana Broomell
Ed Cairns
Vernon Duckett
Paul Hughes
George Kaplan
Wendy Moon
Jim Mullin
Ted Patterson
Rupert Rossetti
Ken Wiggins
Terms of office:

Ending at end of 2007: Ed Cairns, Paul Hughes, Jim Mullin, Ted, Rupert Rossetti

Ending at end of 2008: Diana Broomell, Vernon Duckett, George Kaplan, Wendy Moon, Ken Wiggins

Committee Chairs:

Research: Vernon Duckett & Ed Cairns (co-chairs)
Policy: Jim Mullin
Outreach: Ken Wiggins
Political: Ken Wiggins
Finance: Paul Hughes





The Cecil Land Use Alliance newsletter is published periodically under the auspices of the Board of Directors. It is provided to all members, directors and available to the public at large. Suggestions and articles are welcome. They should be submitted to the Editor by e-mail to Milheritage@aol.com, or by mail to P.O. Box 215, Colora MD 21917. We encourage our readers to visit our website at http://cecillanduse.org

Presidnet George Kaplan
Vice President and Editor, Kennard R. Wiggins Jr.