Celebrating an important victory in Mt. Airy

This afternoon, I attended a picnic in Mt. Airy where a few dozen local residents gathered to celebrate their landslide victory in the town's election last Monday.

The folks at the picnic were part of a larger group of citizens who had come together over the last few months in opposition to the annexation of the Zeltman farm, the ill-advised annexation agreement that came with it, and the poorly managed public process that led to it in the first place.

In spite of many serious concerns, which evolved into substantial and outspoken opposition from a growing number of town residents, the Mt. Airy Town Council voted 4-1 in February to approve the annexation and agreement. There were so many things wrong with the entire process and the final agreement that I won't ennumerate them here, but if you're interested in more of the details, there are a few articles below and links to a number of others published over the last few months.

In the end, the citizens of Mt. Airy rejected the annexation by an overwhelming margin, with 1,413 votes against it and only 560 supporting the town council's decision.

There was more to celebrate, however, as by similar margins, the town elected a new mayor and two new town council members who had run as a slate opposed to the annexation and in favor of a more open, citizen and community-centered government, responsible planning and basic smart growth principles, protecting natural resources, preserving the character of their small town and supporting appropriate economic development.

There are a lot of good storylines to follow in this election, and the months of lively public discussion and debate leading up to it, but I'd like to focus on comparing the town's experience with what has been happening in Frederick County and our upcoming election.

As noted, before the election was even an issue, the town found itself in the the throes of a major land use controversy. In Mt. Airy, that was the Zeltman annexation and agreement, of course. At the county level, we've had a few equally heated public conflicts of our own. Most recently, the two issues that have generated the most sustained public attention and intense citizen opposition have been the Land Stewards/Linganore text amendment to the county's Adequate Public Facilities Ordinance and the hotly-contested New Market Region Plan update process.

Before anything else, it's worth noting that both the Mt. Airy Town Council and the Frederick County Board of County Commissioners have been heavily criticized for the nature of their public decision-making process. In Mt. Airy, such criticism was aimed at secret meetings between elected officials and the developer, at the absence of constructive public participation in the development of the annexation agreement, at the failure to adequately include or address the concerns and feedback of town citizens, and the failure to fully consider alternatives, and more.

In Frederick County, a three-person majority of the county commissioners has been frequently criticized for largely ignoring both the Frederick County Comprehensive Plan and the great majority of the citizens who have communicated their concerns through months of public testimony, emails to the commissioners, open letters and petitions, letters to the editor and more. The commissioners have resisted efforts to gather and examine good information about long term costs and other impacts. They have utterly failed to consider alternatives to developer-driven priorities. During the same period, they have rejected efforts to improve the county's ethics ordinance or pass meaningful lobbying reforms, while making some decisions (such as the particular expansions of the region's growth boundaries, among others) that can't be justified, and can only be explained by reviewing campaign contributions, past and present.

Given all that was wrong about the process in Mt. Airy and the county, it is not surprising - in fact, it was inevitable - that the result, in each case, would be an ill-conceived, economically-unsound, immensely unpopular plan that was contrary to the public interest.

In Mt. Airy, the town council acted as if the public outcry was from a noisy "no-growth" minority that did not represent the broader public sentiment. In Frederick County, some commmissioners have said as much themselves about the active and loosely organized opposition to the APFO text amendment and the draft of the New Market Region Plan.

In Mt. Airy, the town council voted to approve the annexation and the annexation agreement negotiated by two of its members (Chris DeColli and Peter Helt). In Frederick County, a majority of the county commissioners have unflinchingly supported the worst elements of the draft plan, and appear poised to pass it, after one final hearing and another worksession or two.

At this point, we hit one of the most significant differences between what has happened in Mt. Airy and how things will - or can - proceed in the county. The citizens of Mt. Airy had the ability to petition for a referendum on the annexation. If 20 percent of the registered voters in town signed the petition (about a 1,000 signatures - more than the number of people who voted in the previous town election) within a few weeks time, the citizens of Mt. Airy would have a chance to vote for or against the annexation and agreement, as they had been passed by the town council. (Unfortunately, the citizens of the New Market Region do not have the opportunity to reject the current draft of the New Market Region Plan through a referendum.)

On their own, an informal group of Mt. Airy residents knocked on doors, talked with their neighbors, and gathered almost twice as many signatures as required (and could have exceeded that). During the short campaign that followed, they wrote, printed and distributed information about the issue, wrote letters to the editor, put signs up in their yards, and knocked on doors again.

They also recruited and supported like-minded candidates to run for Mayor (Frank Johnson) and the two Town Council seats (Gary Nelson and John Woodhull).

In the weeks leading up to election day, CBI Development Group, LLC (the would-be developer of the Zeltman property) pulled out all the stops available to them. CBI Development Group purchased numerous, slick full page ads in the Gazette and Carroll County Times, for instance. They also produced and mailed professional-quality pieces to town voters. They printed signs. All this and more that their money could buy. (The ads and mailings were notable for their misleading content. For example, they made no mention of the fact that the annexation agreement included giving an 80 acre, partially-wooded, stream valley park with nature trails to the developer.)

In a variety of ways, it was a classic local battle between the best campaign that money could buy and a completely homegrown, grassroots, volunteer "staffed" campaign that relied almost entirely on face-to-face conversations, reinforced with hand-painted signs.

I've been told that the developer didn't expect a petition for referendum. If they had, I have to think they would have been more careful about the agreement they negotiated with two part-time council members who were in over their head.

I expect they started to worry a bit when so many signatures were quickly gathered to place the referendum on the ballot. But, even then, they were probably confident that their well-financed PR campaign would carry the day.

Certainly, they were shocked when there was such a strong turnout, the annexation was resoundingly rejected, and Johnson, Nelson and Woodhull were elected by huge margins.

While it would be a mistake to make too many assumptions about what the Mt. Airy election portends for the county election, it's hard to miss some of the similarities. And it's good news and a good sign, in any case.

While I'm pleased that the Frederick News Post lauds the "power of rank-and-file residents of a community to reclaim their inherent right to decide important, controversial matters for themselves on a one-person, one-vote basis" (in the third piece below), I can't help but note that the county residents will not have the same opportunity - the same "inherent right" - to "decide for themselves" whether or not to support the New Market Region Plan.

There won't be a referendum on the county ballot this fall.

Voters will be going to the polls to vote for in many statewide races, not just the local races. Mike Cady, John Lovell, Charles Jenkins and Billy Shreve (at least) will have plenty of money to spend, a good portion of which will come straight from developers and land use attorneys. A few other organizations, including political action committees and the new "Alliance for Frederick County," will invest their money and lend their efforts to the campaigns (directly and indirectly). Their opponents will be attacked as "no-growth" and "anti-business" extremists. Most of their campaign materials and rhetoric will be very basic, relying on a few predictable catch phrases and time-worn myths about growth. And they'll spend more than anyone else on billboards and newspaper ads and radio spots and print mailings and whatever else money can buy.

Each election cycle, development interests have "invested" more time and effort and money in county elections. In 2003, they invested approximately half a million dollars in Loudoun County elections, just across the river, and that investment paid off.

But, if Mt. Airy showed us anything, it's that it's getting harder to fool people, no matter how much you're willing to spin the facts or how much money you're willing to spend; and that a well-organized and motivated grassroots campaign can win - and will win - if it represents the interests of Frederick County voters, and our communities.

From the GAZETTE:

Voters resoundingly reject Zeltman annexation
http://www.gazette.net/stories/050406/mounnew181957_31947.shtml

Thursday, May 4, 2006

by Carolynne Fitzpatrick
Staff Writer

Mount Airy voters in Monday’s election said they did not want the town to annex 163 acres of property known as the Zeltman farm.

In a landslide, 1,413 voters cast ballots against the annexation, while 560 voted in favor of it. The annexation would have brought a 24-acre regional park and two-campus school site under the town’s control, as well as space for 275 homes, in exchange for 79 acres of town-owned land.

The Zeltman annexation has been in the town’s master plan for growth for 10 years.

After the Town Council approved the Zeltman annexation 4-1, residents unhappy with the decision petitioned to have the decision placed on the ballot.

Patty Williamson led the drive, which collected more than 1,800 valid signatures from registered voters. Phone calls to Williamson were not returned by The Gazette’s press time.

Rita Misra, an opponent of the Zeltman petition, said Tuesday she was thrilled with the response. “It’s an overwhelming feeling. I’m incredibly proud of the community.“

Misra said she believed Mount Airy was still a great place to live. “I believe the vast majority did their best to block out the chatter,“ of those in favor of the annexation, Misra said, adding that residents “exercised their right to vote“ and want to be responsible for how the community grows.

“I hope the momentum continues.“

Those who supported the annexation, such as the Mount Airy Coalition for Smart Growth, called the annexation failing “unfortunate.“

“[The coalition] will continue to advocate for smart growth, to spread the truth about growth, to bring schools and parks within our town limits, and to get the facts to as many residents as possible,“ wrote Donnamarie Needle, vice president of the coalition, in an e-mail to The Gazette Tuesday.

“It is unfortunate for our children and our town that the Zeltman annexation did not pass, and also unfortunate that the annexation's connection to water was and still is completely misunderstood.“

Jean Zeltman said she and her husband have several options for their property, but she declined to elaborate. “We’re sad for the town,“ she said.

Phone calls to Rob Scranton, president of CBI Development Group, which would have developed the property, were not returned by The Gazette’s press time Wednesday.

According to information posted on the town’s Web site and confirmed by town staff, 1,988 out of 4,906 registered voters cast ballots in Monday’s election. Included in the 1,988 total are 52 absentee ballots, and an unknown number of supplemental voter forms — those who registered to vote only in the town’s election.

From the FREDERICK NEWS POST:

Voters choose johnson for mayor, Woodhull, Nelson for council

Wednesday, May 3, 2006

by Katie E. Leslie
Staff Writer

MOUNT AIRY ----At 4:15 a.m. Tuesday, results of the town election were final. Frank Johnson is Mount Airy's new mayor, and Gary Nelson and John Woodhull were named to the town council.

Mr. Johnson, Mr. Nelson and Mr. Woodhull garnered a sweeping victory in the election which drew out the largest number of voters in recent town history. A total of 1,988 residents cast ballots.

The controversial 164-acre Zeltman annexation was voted down, with 1,413 votes against the proposal and 560 in favor.

"I'm very heartened by the fact citizens are largely united in these concerns and there is a shared vision," Mr. Johnson said. "Now we can move forward and make sure citizens are involved as we go into the future."

Mr. Johnson received 1,232 votes, while opponents Keith Gehle and Richard Swanson received 518 and 221, respectively.

Mr. Nelson received 1,240 votes, and Mr. Woodhull was the top vote-getter with 1,325.

"I had hoped to win of course, but I was surprised by the number of votes," Mr. Woodhull said. "I thought it would have been closer."

Calls to Mr. Nelson were not returned.

Their election brings incumbent Chris DeColli's service as council secretary to an end. He received 596 votes, while Jay Neuman had 584.

Though he was not re-elected, Mr. DeColli said he will continue to attend town council and various commission meetings and be involved in the downtown revitalization project.

"My goal, due to the seriousness of the issues before us and the long-term impacts to the citizens and to the town I'm going to be fully engaged in all aspects of town government," he said.

Monday's election overturned the town council's Feb. 6 decision to annex 164 acres. Named after residents Raymond and Jean Zeltman who own the land, the annexation would have given CBI Development Group, LLC the right to build as many as 275 homes in the deal.

The main focus of opposition against the annexation agreement, which was negotiated by Mr. DeColli and Councilman Peter Helt, was a land swap in which the town would give 79 acres of undeveloped land in exchange for a 24-acre park and sports complex, as well as a 55-acre future school site.

The annexation was put to referendum after a petition drive by a group of residents, including Mr. Nelson and Mr. Woodhull.

Calls to Rob Scranton, president of CBI Development, were not immediately returned.

Mr. Woodhull said he believes his and Mr. Nelson's opposition to the Zeltman annexation was key in their election. Though he was not in favor of annexing the land, he is not anti-growth as many believe, he said.

"I'm definitely not opposed to growth, but it has to be managed," he said. "There's no reason to rush it."

Defeated mayoral candidate Keith Gehle expressed his congratulations to the winners, but said he was surprised by the results.

"I guess I was a little surprised, but it shows the folks came out and they're looking to slow things down," he said.

Though he lost, he said running for political office had an up side.

"It was a great experience getting out and talking to people and walking the town --I have no regrets," he said.

He plans to continue his work on the planning and zoning commission, he said -- "if they'll have me."

Mayoral candidate Richard Swanson said he didn't know what to expect in election results.

"I really didn't know exactly where everyone stood. What was surprising to me was the margin of victory for the three candidates. I thought it would be a tighter race," he said.

Though he expected the Zeltman annexation to fail, he was surprised it was voted down roughly 3-1, he said.

With his first run for public office behind him, Mr. Swanson said he can now return to his position as chairman of the Ethics Commission.

In a prepared statement to The Frederick News-Post, defeated council candidate Jay Neuman said the election has been "galvanizing" for him. News of an ethics investigation against Mr. Neuman became public during his campaign.

"I have seen some of the worst of a few residents of our town, but I've also seen the very best side of our town," he said.

Mr. Johnson, Mr. Nelson and Mr. Woodhull will be sworn in on May 15.

Editorial from the FREDERICK NEWS POST:

Mount Airy speaks

Friday, May 5, 2006

Last Monday, the people of Mount Airy spoke -- and not through their elected representatives. They took matters into their owns hands via a voter referendum, and what they accomplished was a textbook example of true grass-roots democracy at work.

For months prior to the election, Mount Airy had been wracked by the controversial "Zeltman annexation" that had been proposed by a developer. Despite the fact that a sizable and vocal sector of the town's residents was firmly against the annexation and the hundreds of houses planned for it, the town council voted 4-1 to approve it.

During the past few months, The News-Post received many letters and op-ed pieces from residents on both sides of the issue. We published a a number of them in order to facilitate the dialogue over this annexation.

That town council vote prompted some of the annexation's opponents to hit the streets of Mount Airy in search of enough signatures to bring the issue to a vote as part of town elections on May 1.

When all the ballots had been tallied, residents had voted by an almost 3-1 margin against the Zeltman annexation -- in stark contrast to the 4-1 town council vote approving it.

We believe this controversy involved an honest disagreement about what was best for Mount Airy. The proposed developer of the property offered what many felt was a lot in return. Those who opposed the annexation said the town was giving more than it was getting.

That debate appears to share some things in common with the controversial vote by the Frederick County Commissioners to allow a developer to build 3,000-plus homes at Lake Linganore. Like the Zeltman proposal, the Linganore deal involved what many felt was a generous offer from the developer, Virginia-based Land Stewards.

Many others feel strongly that the deal was a poor one for the county, since it involved a special APFO exception granted to the developer. That exception, they say, could result in overcrowded schools. Worse yet, they say the huge sum of school construction money at the heart of the deal isn't secure.

Some will no doubt see the outcome of the Mount Airy referendum as evidence that elected officials may be voting contrary to the majority's wishes when it comes to growth. They may also hold it up as proof that residents can control their own destiny if they have the political will to do so.

For us, the Mount Airy referendum was important not so much for its specific outcome, but because it reinforces our faith in the system we live under -- in the power of rank-and-file residents of a community to reclaim their inherent right to decide important, controversial matters for themselves on a one-person, one-vote basis.

For those who would like to read more, here are a few links to other related articles from the GAZETTE and the BALTIMORE SUN:

Residents send pair of outspoken newcomers to council
http://www.gazette.net/stories/050406/mounnew182004_31949.shtml
May 4, 2006

Growth issue leads discussion at Mount Airy candidate forum
The seven running for office met to discuss the major issues the town will face in the next four years
http://www.gazette.net/stories/042006/mounnew183740_31941.shtml
April 20, 2006

Annexation divides town
Views on farm could decide the May 1 election in Mount Airy
http://www.baltimoresun.com/news/local/carroll/bal-ca.mountairy09apr09,0,7898046.story
April 9, 2006

Mount Airy might tap Potomac for water
Extending Frederick Co. pipeline seen as least costly option for growing town
http://www.baltimoresun.com/news/local/carroll/bal-md.ca.water10mar10,0,5965191.story
March 10, 2006

Annexation may have been OK’d, but voters have yet to vote
http://www.gazette.net/stories/020906/carrcol150328_31911.shtml
W. Todd Eudy column
February 9, 2006

Mount Airy OKs annexing 152-acre farm
http://www.baltimoresun.com/news/local/carroll/bal-md.ca.annex08feb08,1,1563930.story
February 8, 2006

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WHY I'M VOTING FOR KAI!

Carolyn Franklin
Frederick, MD

I love Frederick! I have high hopes for Frederick County's future with the expectation that Kai Hagen will become one of its commissioners. I respect Kai's experience and trust Kai's ability to thoroughly weigh the appropriateness of how decisions might affect all of us. Frederick County deserves someone who will evaluate pending items carefully, objectively, and with energy and knowledge to explore options. I believe that Kai will do everything...

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