We Make It News

WATCH our new video about what’s at stake as Charles County’s Board of Commissioners get ready for a public hearing on the Planning Commission’s Port Tobacco Environmental Restoration and Recovery Area (ERRA).

La Plata — Please attend a Jan. 31 BOC public hearing at 6 p.m. regarding the Port Tobacco ERRA — and ask the commissioners to reject this flawed zoning amendment.

Your interest and voice can help save the Port Tobacco River, its nearly 28,000-acre watershed and our rural community. 

Environmental Restoration and Recovery Area? This misnamed zone (an amendment to the 2006 comprehensive plan) will not fix our river. Instead, it could allow for up to nine times the density of what is currently legal in the county’s rural and agricultural zones.

To be clear, we want the issue of failing septic systems — and other environmental problems — to be addressed and corrected, but we do not believe this is the right way to affect change and solve this problem. We ask that county leaders explore a range of alternatives, funding and approaches to remedy the issue of bacteria leaching into the Port Tobacco River and not use this public-health problem as a reason to: 1. Prop up a questionable process and outcome; 2. Benefit a sole developer; and 3. Usher in unfettered growth in our watershed and forever change Port Tobacco’s unique and historic value. 

WATCH our new video and learn why the Port Tobacco ERRA needs to be defeated and what the truth really is, what experts and planning officials think, and how the public’s will has so far been ignored. 

If we don’t stop the ERRA, the historic, rural and natural characteristics of Port Tobacco may be ruined forever! Before it’s too late, WE MUST remind our county government that sprawl development in Port Tobacco will lead to: increases in runoff and pollution, more sedimentation from construction and development; and the potential destruction of our river, birds, fish, streams, forests, farmland, and open spaces. 

THIS IS OUR WATERSHED MOMENT … SAVE OUR RIVER

ASK THE COMMISSIONERS TO VOTE NO ON THE PORT TOBACCO ERRA ZONE!

For more information, contact us at: news@wemakeitnews.com

Please attend the 6 p.m., Jan. 31, Board of Commissioners public hearing in the county government auditorium and let the commissioners know you want them to REJECT the Port Tobacco Environmental Restoration and Recovery Area amendment — a possible gateway to allowing massive density increases in the Port Tobacco watershed and up-to-a-1,500-unit community near our impaired river!

By now, some of you have also heard that the Charles County government is looking into a concern raised by Debra Zimmerman Murphey (my wife and a Port Tobacco resident) about an alleged “Open Meetings Act’” violation. It pertains to a Charles County Planning Commission subcommittee meeting during which four planning commission members — usually considered a quorum — were assembled on Jan. 4, 2011. So far, accessible public records do not show that proper notification, or “public notice” that is in sync with state and local rules, was provided.

That meeting resulted in a vote that sent this ERRA amendment to the full planning commission for consideration, and it was later passed by the PC. (The ERRA used to be referred to as the Port Tobacco Environmental Recovery Zone or “ERZ.”)

This new zone could potentially affect the entire Port Tobacco watershed and the county’s rural and agricultural zones, allowing for major density increases of up to nine times, in exchange for an approved environmental improvement. *Please note that PC member Steve Bunker, who was on the subcommittee, voted in opposition, asking that it be considered through the 2012 comprehensive-plan update process. 

Ms. Murphey and I attended that Jan. 4, 2011, PC subcommittee meeting after hearing about it through “the grapevine.” No one tried to throw us out and we were allowed to ask some questions — but let’s be clear about this: Two people, and a few others who attended and provided input at the subcommittee level, do not make up “the public.” People also need to know that open meetings rules guarantee notice and access, not necessarily participation. Still, the idea in a democracy is that the public can follow the deliberation and discussions tied to important government decisions.

But it wasn’t until Ms. Murphey started to dig into the details, in preparation for the recent BOC meeting, that she realized there may not have been public notice and she wanted to alert county government to this. Initially, the idea of a subcommittee of three seemed the reason, because public notice is not required in this instance (when there isn’t a quorum).

Still, this kind of “technicality” is important to parse: How does the average citizen gauge — and easily follow — what is happening, if “notice” and access to “public business” and decision-making is guaranteed in certain circumstances, but not in others? While legalities, rules and process may not always guarantee this kind of open decision-making, we hope that this allegation, under examination, will further widen the sphere of county government trust and integrity concerning what happens in public.

Ms. Murphey says: “When delving into this issue, it struck me: Is it typical or common practice for these subcommittees of three to be set up and then additional PC members regularly attend — because wouldn’t there be a presumption that a quorum could therefore happen in these cases? Seems like a safe bet to let the public have access to important decision-making, and use the most open approach and notice as a reliable standard.” 

Here’s the audio from the Jan. 4, 2011 subcommittee meeting:

Please attend the 6 p.m., Jan. 31, Board of Commissioners public hearing in the county government auditorium and let the commissioners know you want them to REJECT the Port Tobacco Environmental Restoration and Recovery Area amendment — a possible gateway to allowing massive density increases in the Port Tobacco watershed and up-to-a-1,500-unit community near our impaired river!

LISTEN to the Board of Commissioners recent briefing on 1/10/12 (11 minutes) — at this meeting, the BOC discussed the alleged “Open Meetings Act” violation and decided to hold a public hearing to learn more about the ERRA/ERZ

When and what:

On Tuesday, Jan. 10, at 12:30 pm, the Charles County Board of Commissioners will hold a briefing/vote on a so-called Environmental Recovery Zone for Port Tobacco.

The ERZ, which has been marketed as an “environmental” fix for the polluted Port Tobacco River, has received stiff opposition from citizens and environmentalists as well as from the Maryland Department of Planning. If approved, the new zone could allow a developer to build up to 1,500 homes on 1,000 acres of land near the river in exchange for hooking up 150 homes in the “Riviera” neighborhood to a wastewater treatment plant.

More details about the Jan. 10 meeting:

Open Session (Commissioners’ Meeting Room – County Office building – La Plata, MD)

Subject: 

[12:30 p.m.] Briefing/Vote: Amendment to the 2006 Comprehensive Plan - Port Tobacco Watershed Environmental Restoration & Recovery Area (Mr. Peter Aluotto, Director/Mr. Steve Ball, Planning Director, Planning & Growth Management)

READ the county’s “Policy Framework” for the ERZ

LISTEN to the Planning Commission’s discussion and vote for the ERZ (11/21/11)

WATCH Michael Paone, of the Maryland Department of Planning, who gives a thumbs down on the Planning Commission’s Environmental Recovery Zone

WATCH a video excerpt from our interview with Maryland Attorney General Douglas Gansler

WATCH a video excerpt from our interview with Jennifer Bevan-Dangel, 1,000 Friends of Maryland

LISTEN to a soundbite from the June 6, 2011 PC meeting where PC Chairman Courtney Edmonds explains why he is against the ERZ

LISTEN to a soundbite from the June 6, 2011 PC meeting where Courtney Edmonds and Joe Richard argue about whether the ERZ was inspired by a specific developer’s project

LISTEN to a soundbite from the June 6, 2011 PC meeting where Stephen Bunker explains why he is against the ERZ

LISTEN to a soundbite from the April 10, 2011 PC meeting where Courtney Edmonds says he is concerned about creating an ERZ outside of the 2012 Comprehensive Plan process

LISTEN to a soundbite from the January 4, 2011 PC subcommittee meeting where WeMakeItNews.com editor Maury Tobin asks whether the ERZ approach for cleaning up a polluted waterway has been tried anywhere else in the state of Maryland

To: Director of Planning and Growth Management Peter Aluotto
& Director of Planning Steve Ball

From: Port Tobacco Resident Debra Zimmerman Murphey

Dear Gentlemen: Happy Holidays!

I am writing with some observations and questions regarding various issues concerning Charles County’s ongoing planning initiatives. For the record, I have a Bachelor of Arts degree in Speech Communication from George Mason University, a Master’s degree in Public Affairs and Journalism from American University, and have spent more than 25 years in the journalism, public relations and communications fields. Thus, when I share my perspectives, you can be sure they are based on credible research and well-vetted facts.

1. It appears that long before the 2012 comprehensive plan merged scenario was unveiled to the Board of Commissioners and the Planning Commission, certain members’ political will and stakeholder interests were already evident. We realize that certain constituents’ opinions hold significant sway.

I underscore this because I think it is imperative to note that the perception that smart growth is “anti-business” persists, and I believe it is incumbent on those of you leading this updated comprehensive-plan process to educate and inform the public and decision-makers (including myself) when false notions and misconceptions persist.

I think it is critical to understand certain realities (broached below) before we, as a county, use any decision-maker’s myopic analysis to embark on a flawed course for the future.

Read the full letter

Charles County recently released its merged comprehensive plan scenario for 2012 and many agree it’s an improvement over the county’s 2006 plan.

But at yesterday’s joint meeting between the Planning Commission and Board of Commissioners, the words “Smart Growth” weren’t mentioned and some say this could be a signal that many of the policies that promote sprawl development will likely continue in the county.

WATCH Ken Hastings, of the Mason Springs Conservancy

LISTEN to our 7-minute exclusive interview with Michael Paone, Senior Planner at the Maryland Department of Planning

LISTEN to Lou Grasso, member of the Planning Commission, arguing for more sprawl development in the county

LISTEN to the full meeting between the Planning Commission and Board of Commissioners (12/12/11)

LISTEN to our 5-minute interview with Commissioner Ken Robinson

SEE the merged scenario for Charles County’s 2012 Comprehensive Plan update (released 12/8/11)