A group of parents from Frederick County Maryland were looking to establish an all-girls charter school were denied on appeal yesterday by the Maryland State Board of Education.
The school was planned to serve 360 girls from the 7th to the 12th grade with a curriculum that focused on math, science and critical need langauges like Arabic, Russian and Chinese. Although no reason has yet to be posted by the State Board of Education, the denial of the EACH Charter school's appeal means that the group of parents must now decide whether to appeal the decisions in the courts.
Last November, the Frederick County School Board denied the request, noting that the proposal had curricular weaknesses among others. There was concern among Board members about the legality of a publicly funded single sex school.
I must admit that initially, I was not just skeptical, but opposed to the EACH school's plan. But after some educational points by Angela Philips herself, I came around to the proposal.
Without an opinion by the State Board of Education to read, it is difficult to know their reasons. But the blow to educational choices for parents in Frederick County is real. There is one charter school in Frederick, the Monocacy Valley Montessori School which serves elementary age students. The only options for parents of middle and high school students are the public schools or private, usually parochial schools.
While the public middle and high schools are of sound quality, the quality of education is not the issue for me and I suppose Ms. Philips and her compatriots. Rather it is the lack of choice available to parents of normal means. It is traditional public schools or nothing for most people in Frederick and that kind of lack of choice I believe hurts education in the long run.
Over all there are 30 charter schools in all of Maryland and 22 of them are located in Baltimore City. Prince George's County Maryland has four schools, and Anne Arundel County, Frederick County, Harford County and St. Mary's County each have one. So unless you have money or you live in Baltimore City, parents have no choices for their children.
What is troubling I suppose is that the only people who are risking anything in a charter school are the parents and students of the school. If the school fails in its mission, the county and/or state can revoke the charter and shut the school down. If parents are willing to take the risk, why not permit it to go forward?
Showing posts with label Frederick County. Show all posts
Showing posts with label Frederick County. Show all posts
Friday, May 02, 2008
Friday, February 22, 2008
Frederick County Teachers Want More Pay--But Are Well Paid Now
On Wednesday, the Frederick County School Board heard testimony about the FY 2009 budget. Among those testifying were Frederick County Teachers Association President Gary Brennan and Vice President Carol Dagan, both arguing for "competitive salaries" for county teachers.
Now don't get me wrong, Brennan and Dagan have every right, even the duty, to plead their case for more money for teachers. But let's take a look at some facts. The Frederick News Post conveniently links to a table of Frederick County Public School Salaries. With the FCTA arguing that teacher salaries are not "competitive" you have to wonder, what is FCPS doing paying our teachers poverty wages? Well, lets take a look at the teacher' salaries at three county schools, Ballenger Creek Elementary, Urbana High School and West Frederick Middle School.
Ballenger Creek Elementary has 42 teachers, including music, art, special ed, intervention and PE Teachers. The average pay for these 42 teachers is $59,489.74. The median salary is $61,061.50, which means that 21 teachers make more than that amount and 21 less that $61,000. The top salary is $82,555, three teachers make that salary. The smallest salary is $31,925, two teachers earn that much. The total teacher payroll (salaries only) is $2.49 million out of a total school payroll of $3.17 million, or 78.5% of payroll on teachers. The average length of service for the teachers at this school is 11.3 years. The median is 9.5 years. There were four new hires in 2007 and 9 teachers (21%) with three or fewer years of experience.
West Frederick Middle School has 68 teachers. The average pay for these teachers is $60,989.23 and the median salary is $60,586.50. So there are not a lot of highly paid teachers or lesser paid teaches skewing the salary range, the salaries are pretty well distributed. The top salary is $90,971, with three teachers making that salary, and the lowest salary is $21,550 by a targeted intervention teacher who is apparently working part-time given a six year length of service with FCPS. The total teacher payroll for West Frederick (salaries only) is $4.14 million out of a total payroll budget of $5.42 million. The teachers at West Frederick have an average length of service of 11 years and a median service of 10 years. Only one teacher is a new hire in 2007 and 11 teachers (16%) have three or fewer years of experience.
Urbana High School has 96 teachers. The average pay for these teachers is $57,247 and the median pay is $53,886. The top salary is $90,971 and the lowest salary is $30,687. The average and median salaries are a bit lower at this high school compared to the elementary and middle school sampls because the average and median length of service in FCPS is significantly lower. The average length of service is 8.7 years and the median is 8 years. There are 20 teachers (20.8%) with three or fewer years of experience. The total teacher payroll is just shy of $5.5 million out of a total school payroll of $7.1 million.
Take note that these are cash compensation salaries and do not account for the substantial benefits package that teachers receive, including generous pension and health care benefits.
So, teachers at the three schools noted above had a average individual income of between $57,250 and $60,500. The median income, again for these individuals, was between $53,886 and $61,061. Economic data for Frederick County indicates that the median household income in November 2007 was is $60,507 and the median family income is $67,879. Using the lowest median teacher income for the three schools, teachers are making 89.2% of the median household income and 79.3% of the median family income--all by themselves with a generous benefit package. In Frederick County, males had a median income of $42,378 versus $30,564 for females. In our teacher pool for these three schools, female teachers (146) are making a median income of $55,558 on a median experience level of eight years. Male teachers (60) make a median salary of $59,023 on a median experience level of nine years. Thus female teachers in Frederick County are making a 81.7% larger income than the general female population in Frederick County. Male teachers are make 39.2% more money than the general population of males in Frederick County. In all of Frederick County there are 413 teachers employed by the FCPS making better than $80,000 a year.
This analysis is done on just three schools in Frederick County. A larger county wide assessment is worth a look to examine all the teachers, full or part time, in the county, but I suspect the numbers would not be all that different.
For all the bluster about teachers not being paid a competitive salary looks to be pure bunk, particularly when compared to the incomes of the rest of the county. So if teachers are being well compensatd with 413 invididually making some 30% more than the median household income, why then is the School Board even considering more than a cost of living increase in salaries?
The union can ask for more money, but it seems to me that teacher salaries in Frederick County are not only more than sufficient for our area, they are more than competitive with the every other industry in the county.
Now don't get me wrong, Brennan and Dagan have every right, even the duty, to plead their case for more money for teachers. But let's take a look at some facts. The Frederick News Post conveniently links to a table of Frederick County Public School Salaries. With the FCTA arguing that teacher salaries are not "competitive" you have to wonder, what is FCPS doing paying our teachers poverty wages? Well, lets take a look at the teacher' salaries at three county schools, Ballenger Creek Elementary, Urbana High School and West Frederick Middle School.
Ballenger Creek Elementary has 42 teachers, including music, art, special ed, intervention and PE Teachers. The average pay for these 42 teachers is $59,489.74. The median salary is $61,061.50, which means that 21 teachers make more than that amount and 21 less that $61,000. The top salary is $82,555, three teachers make that salary. The smallest salary is $31,925, two teachers earn that much. The total teacher payroll (salaries only) is $2.49 million out of a total school payroll of $3.17 million, or 78.5% of payroll on teachers. The average length of service for the teachers at this school is 11.3 years. The median is 9.5 years. There were four new hires in 2007 and 9 teachers (21%) with three or fewer years of experience.
West Frederick Middle School has 68 teachers. The average pay for these teachers is $60,989.23 and the median salary is $60,586.50. So there are not a lot of highly paid teachers or lesser paid teaches skewing the salary range, the salaries are pretty well distributed. The top salary is $90,971, with three teachers making that salary, and the lowest salary is $21,550 by a targeted intervention teacher who is apparently working part-time given a six year length of service with FCPS. The total teacher payroll for West Frederick (salaries only) is $4.14 million out of a total payroll budget of $5.42 million. The teachers at West Frederick have an average length of service of 11 years and a median service of 10 years. Only one teacher is a new hire in 2007 and 11 teachers (16%) have three or fewer years of experience.
Urbana High School has 96 teachers. The average pay for these teachers is $57,247 and the median pay is $53,886. The top salary is $90,971 and the lowest salary is $30,687. The average and median salaries are a bit lower at this high school compared to the elementary and middle school sampls because the average and median length of service in FCPS is significantly lower. The average length of service is 8.7 years and the median is 8 years. There are 20 teachers (20.8%) with three or fewer years of experience. The total teacher payroll is just shy of $5.5 million out of a total school payroll of $7.1 million.
Take note that these are cash compensation salaries and do not account for the substantial benefits package that teachers receive, including generous pension and health care benefits.
So, teachers at the three schools noted above had a average individual income of between $57,250 and $60,500. The median income, again for these individuals, was between $53,886 and $61,061. Economic data for Frederick County indicates that the median household income in November 2007 was is $60,507 and the median family income is $67,879. Using the lowest median teacher income for the three schools, teachers are making 89.2% of the median household income and 79.3% of the median family income--all by themselves with a generous benefit package. In Frederick County, males had a median income of $42,378 versus $30,564 for females. In our teacher pool for these three schools, female teachers (146) are making a median income of $55,558 on a median experience level of eight years. Male teachers (60) make a median salary of $59,023 on a median experience level of nine years. Thus female teachers in Frederick County are making a 81.7% larger income than the general female population in Frederick County. Male teachers are make 39.2% more money than the general population of males in Frederick County. In all of Frederick County there are 413 teachers employed by the FCPS making better than $80,000 a year.
This analysis is done on just three schools in Frederick County. A larger county wide assessment is worth a look to examine all the teachers, full or part time, in the county, but I suspect the numbers would not be all that different.
For all the bluster about teachers not being paid a competitive salary looks to be pure bunk, particularly when compared to the incomes of the rest of the county. So if teachers are being well compensatd with 413 invididually making some 30% more than the median household income, why then is the School Board even considering more than a cost of living increase in salaries?
The union can ask for more money, but it seems to me that teacher salaries in Frederick County are not only more than sufficient for our area, they are more than competitive with the every other industry in the county.
Friday, January 11, 2008
Walkersville Muslim Center Hearing Day Three--The Forgotten Interest Edition
The confrontation in Walkersville over the potential Ahmadiyya Muslim Community retreat cneter continued for the third night in a row in the small town. Town residents spent nearly two hours questioning the experts and leadership of the AMC. Reports indicate that the exchage got somewhat heated when AMC President Dr. Ahsan Zafar was being questioned, with the townsfold questioning both the motive and intent of the AMC to have its center be part of the community. The Frederick News Post highlighted this exchange:
From a purely procedural point of view, the AMC is on the defensive here. They have asked for an exception to the zoning of the Nicodemus farm. By definition, an exception is something that must be proven rather than something that should be expected. At least one Board Member has hinted at an oppostion to granting the exception although no Board Member has publicly announced any position on the matter. In fact, as a sidebar to the Frederick News Post article indicates, the members of the Board of Zoning Appeals has changed significantly due to the pending issue.
I am not unsympathetic to the concerns of the townsfolk. I can see that the impact of the AMC annual convention/retreat/event would be significant on the travel lives of the town, where access to the town is somewhat limited. But there is another interested party here whose rights have barely even been considered--that of David Moxley, the farm's current owner.
However, if this had been the only time the townsfolk had opposed something contemplated by Mr. Moxley I would far more forgiving. But for 10 years, Mr. Moxley has attempted to sell the farm in a manner that he sees fit and for the past ten years he has been stymied. He has wanted to sell his land to developers for a subdivision, twice, and been denied by a town who fears the traffic or impact on their lives. The result is that Mr. Moxley cannot exercise his rights to sell his land in a manner that suits him. The collective denial of an individual property right irritates me. I ask the townsfolk to consider the impact of their actions on one of their own and not just their own concerns about what a three day festival would do to their commuting.
Comments to my previous posts on this hearing have noted that my suggestion for an alternative access to the proposed center might be ridiculous. I will admit that my solution is not without problems, namely construction and property problems, but my suggestion is intended for people to stop and think about the animosity they are creating, rather than looking for a solution that might benefit everyone. Right now the game is completely zero-sum, for someone to win, the other side has to lose. Is there not a compromise position? But as Commenter Dawn noted,
While the town owes no obligation to the AMC to find an alternative, at this point they do owe Mr. Moxley something. He is own of their own, a Walkersville resident. Either let him sell this farm to the AMC and deal with a three-five day headache, adapt and overcome, or let him sell his land to a developer. You have played with Mr. Moxley's property rights for far too long.
Crossposted at Red Maryland.
Referring to advertisements and news stories, resident Paul Huff asked Zafar a series of questions.The hearing is scheduled to conclude this evening.
One related to an advertisement in an August edition of The Frederick News-Post that stated: "We would like to be a part of the community."
Huff asked if that was still true and Zafar answered yes.
Huff then questioned why Ahmadiyya's spokesperson, Syed Ahmad, was quoted in a Jan. 3 article in a local newspaper as saying: "Theoretically speaking, if 100 percent of the population is against (the proposal), they cannot take that into account," he said. '(The appeals board has) to go by the law."
Huff wanted to know how Ahmadiyya could want to be part of the community and yet not care that a large majority of the town does not want the board to approve the center.
Zafar claimed there was no conflict in those two statements and Ahmad was free to speak his mind.
"He is responding to pressure being put on him," Zafar said.
Zafar began raising his voice and gesturing with his hands when asked about an ad in The Frederick News-Post in August stating the community was not planning to build a convention center.
Huff asked if Jalsa Salana was a convention. Zafar said it could be considered one depending on the definition of the word "convention." Huff then asked whether conventions are in convention centers.
"You sir are trying to put words in my mouth," Zafar said, "and I am not accepting them."
From a purely procedural point of view, the AMC is on the defensive here. They have asked for an exception to the zoning of the Nicodemus farm. By definition, an exception is something that must be proven rather than something that should be expected. At least one Board Member has hinted at an oppostion to granting the exception although no Board Member has publicly announced any position on the matter. In fact, as a sidebar to the Frederick News Post article indicates, the members of the Board of Zoning Appeals has changed significantly due to the pending issue.
I am not unsympathetic to the concerns of the townsfolk. I can see that the impact of the AMC annual convention/retreat/event would be significant on the travel lives of the town, where access to the town is somewhat limited. But there is another interested party here whose rights have barely even been considered--that of David Moxley, the farm's current owner.
However, if this had been the only time the townsfolk had opposed something contemplated by Mr. Moxley I would far more forgiving. But for 10 years, Mr. Moxley has attempted to sell the farm in a manner that he sees fit and for the past ten years he has been stymied. He has wanted to sell his land to developers for a subdivision, twice, and been denied by a town who fears the traffic or impact on their lives. The result is that Mr. Moxley cannot exercise his rights to sell his land in a manner that suits him. The collective denial of an individual property right irritates me. I ask the townsfolk to consider the impact of their actions on one of their own and not just their own concerns about what a three day festival would do to their commuting.
Comments to my previous posts on this hearing have noted that my suggestion for an alternative access to the proposed center might be ridiculous. I will admit that my solution is not without problems, namely construction and property problems, but my suggestion is intended for people to stop and think about the animosity they are creating, rather than looking for a solution that might benefit everyone. Right now the game is completely zero-sum, for someone to win, the other side has to lose. Is there not a compromise position? But as Commenter Dawn noted,
This center needs to find a location right off of 15 or 70, not miles from it that clogs up our major route or cuts through farmland or neighborhoods.Let's assume the AMC found land immediately adjacent to I-70 or Route 15, I doubt the townsfolk will be any more accomodating in their current state.
While the town owes no obligation to the AMC to find an alternative, at this point they do owe Mr. Moxley something. He is own of their own, a Walkersville resident. Either let him sell this farm to the AMC and deal with a three-five day headache, adapt and overcome, or let him sell his land to a developer. You have played with Mr. Moxley's property rights for far too long.
Crossposted at Red Maryland.
Thursday, January 10, 2008
Fredercik Commissioners Propose Home Building Moratorium
Lost in all the hubub of the Muslim center in Walkkersville, was this little gem:
In the past moratoriums on building were often related to either water restrictions (of which there are none now) or infrastructure concerns, i.e. the sewer or water system had to be brought up to speed before the construction could continue. Those moratoria were generally short-lived, between three and six months. But a two year ban on over 50 percent of the county land (incorporated towns are exempt, but their geographic reach is also limited)is unprecedented and unnecessary.
The rationale offered at Tuesday's press conference by Frederick County Commission Jan Gardner is that
Here is what teh commissioners are failing to see. First, if you restrict the home building in Frederick County, but allow commerical building, you will bring jobs to the county, but not residents. Those workers filling the new jobs will live somewhere else, i.e. West Virginia or Pennsylvania. They won't live in Montgomery county for the most part because Frederick salaries can't keep up with the cost of living in the People's Republic of Montgomery County. What does that mean--oh yeah--more traffic on the main roads, more parking problems, etc.
Second, the ban on construction will artificially inflate housing prices, but drive home sellers to live elsewhere. Sure, if I want to sell my house, this is a good move for me, but if I want to buy a house in Frederick County, it is not good news for me. For those people moving out of the county, they will do well when the housing prices bounce up, but when the moratorium is lifted and the housing construction resumes, the prices, already artifically high, will drop. That can be good news or bad news depending upon your situation.
What bothers me most about this moratorium is slow response. The most recent comprehensive plan for the county's development was adopted in 1998. Since that time, the county has become one of the fastest growing counties in the state. Fine, but that explosion in growth started in 2000, why did the Commissioners wait 8 more years to start addressing the matter? Why did they not start in say 2002 or 2003 and come up with a better plan then without the need for a moratorium? The fact of the matter is that their delay is our pain.
Some housing construction in unincorporated areas would be stopped for up to two years while the County Commissioners revise the comprehensive plan, the panel said Tuesday.Now the moratorium is not a complete ban on construction and yes, the county does have some growth related issues, i.e. roads, traffic, crowded school, etc. But generally, this is not a smart step.
The moratorium, approved 4-0, would not stop all new housing construction. It would allow commercial and industrial construction to continued.
Developers would be permitted to build in subdivisions under construction. Some 3,000 houses would be able to be built under the moratorium.
Roads and schools have become crowded, the commissioners said, and land use policies are not protecting the county's quality of life.
In the past moratoriums on building were often related to either water restrictions (of which there are none now) or infrastructure concerns, i.e. the sewer or water system had to be brought up to speed before the construction could continue. Those moratoria were generally short-lived, between three and six months. But a two year ban on over 50 percent of the county land (incorporated towns are exempt, but their geographic reach is also limited)is unprecedented and unnecessary.
The rationale offered at Tuesday's press conference by Frederick County Commission Jan Gardner is that
the halt to home building is necessary to allow them time to update a 1998 document outlining the future of housing growth in the county. The board said they also need time to make changes to the county's growth-control policy. The county's adequate public facilities ordinance (APFO) requires developers to ensure that roads, water, sewer and schools are adequate to meet the needs of new residents before building.I will admit that changes to the growth ordinance (itself probably unnecessarily complex) might be needed, but a two year ban is too long. The County Planning Board will meet next month and the County Commission will meet on the issue shortly thereafter.
Commissioners want to add stipulations to that ordinance to include adequate fire and rescue services.
Here is what teh commissioners are failing to see. First, if you restrict the home building in Frederick County, but allow commerical building, you will bring jobs to the county, but not residents. Those workers filling the new jobs will live somewhere else, i.e. West Virginia or Pennsylvania. They won't live in Montgomery county for the most part because Frederick salaries can't keep up with the cost of living in the People's Republic of Montgomery County. What does that mean--oh yeah--more traffic on the main roads, more parking problems, etc.
Second, the ban on construction will artificially inflate housing prices, but drive home sellers to live elsewhere. Sure, if I want to sell my house, this is a good move for me, but if I want to buy a house in Frederick County, it is not good news for me. For those people moving out of the county, they will do well when the housing prices bounce up, but when the moratorium is lifted and the housing construction resumes, the prices, already artifically high, will drop. That can be good news or bad news depending upon your situation.
What bothers me most about this moratorium is slow response. The most recent comprehensive plan for the county's development was adopted in 1998. Since that time, the county has become one of the fastest growing counties in the state. Fine, but that explosion in growth started in 2000, why did the Commissioners wait 8 more years to start addressing the matter? Why did they not start in say 2002 or 2003 and come up with a better plan then without the need for a moratorium? The fact of the matter is that their delay is our pain.
Walkersville Muslim Center Hearing--Day 2
Last night's continuation of the hearings by the Walkersville Board of Zoning Appeals concerning the construction of a retreat center by the Ahmadiyya Muslim Community on the old Nicodemus farm property, hear testimony from groups opposing the center and focused heavily on traffic, roads and sewer systems. There are already hints among the Board members of where they may come down on the final decision.
Board Member Vaughn Zimmerman questioned the ability of a single left turn lane on the road (MD Route 194) leading in to Walkdersville would accomodate the increased traffic during the large annual event expected:
On interesting item that came up as well is the tax impact. Currently as a privately held farm, the owner David Moxley pays a property tax on the farm. But if the AMC were to take the property, the fear is that the town will lose that tax revenue because of a provision in the tax code exempting religiously held properties from paying taxes. Honestly, I think this is a spurious argument at best. What ever is lost in tax revenue from the lost property tax will be made up by the revenue related to the facility, particularly the annual convention. If this is the quality of argument that is being made, the opponents may have a tougher slog than anyone thought.
Still, there are real problems with the center and one is created by a conflict between Frederick County and the town of Walkersville--the sewer system. One expert testified that the county will not permit the AMC to hook up to the public sewer systen, but the town code requires all properties use the public sewer system. I am not sure what the deal is with the county (the town's rule seems imminently more sensible), and right now the AMC is considering a private septic system. Of course, with 10,000 people using the facility at the same time during a brief period, the private septic system could get overwhelmed.
The hearing will continue tonight and tomorrow night as well.
Crossposted at Red Maryland
Board Member Vaughn Zimmerman questioned the ability of a single left turn lane on the road (MD Route 194) leading in to Walkdersville would accomodate the increased traffic during the large annual event expected:
Board member Vaughn Zimmerman asked about a left turn lane into the property and how 5,000 to 10,000 people attending Jalsa Salana could safely get to the festival.Having traveled route 194 regularly since the mid-1990's I can tell you that the interesection of Route 194 and Route 26 (where the Nicodemus farms sits) is not a particularly well-planned intersection and its proximity to the Monocacy River and the Ceresville Mansion (a historic landmark) makes altering the site and intersection complicated. But as I pointed out yesterday, a solution where the traffic for the center comes off of U.S. Route 15 rather than route 194 might make more sense. Yes, the river has to be traversed, which will require a new bridge, but I think the town could reasonably insist on the AMC footing a large portion of that bill in exchange for the zoning exemption.
[AMC Expert Michael] Workosky suggested area law enforcement stand on the highway to direct traffic and signs be positioned near the site alerting drivers of the festival.
"How the heck does that work with people going 65 mph?" asked board chairman Dan Thomas.
After many in the crowd laughed, Thomas added, "I'm not trying to be funny. It's a horrible situation on Md. 194."
snip
"One more vehicle than what is already out there is going to make it unsafe," Zimmerman said.
On interesting item that came up as well is the tax impact. Currently as a privately held farm, the owner David Moxley pays a property tax on the farm. But if the AMC were to take the property, the fear is that the town will lose that tax revenue because of a provision in the tax code exempting religiously held properties from paying taxes. Honestly, I think this is a spurious argument at best. What ever is lost in tax revenue from the lost property tax will be made up by the revenue related to the facility, particularly the annual convention. If this is the quality of argument that is being made, the opponents may have a tougher slog than anyone thought.
Still, there are real problems with the center and one is created by a conflict between Frederick County and the town of Walkersville--the sewer system. One expert testified that the county will not permit the AMC to hook up to the public sewer systen, but the town code requires all properties use the public sewer system. I am not sure what the deal is with the county (the town's rule seems imminently more sensible), and right now the AMC is considering a private septic system. Of course, with 10,000 people using the facility at the same time during a brief period, the private septic system could get overwhelmed.
The hearing will continue tonight and tomorrow night as well.
Crossposted at Red Maryland
Wednesday, January 09, 2008
Hearing on Muslim Center Opens In Frederick County
Yesterday, the Board of Zoning Appeals for Walkersville opened their hearing into the requested exception for the Ahmadiyya Muslim Community to build a retreat center on the Nicodemus farm currently owned by David Moxley, who has been trying to sell the land for the better part of a decade.
The town of Walkersville, with a population of about 5,000, has become divided on the matter of the center. Some of the support for the AMC to build the center is focused on keeping the land, now zoned from agricultural, from being used for a housing developement--Moxley's first plan for the land.
The Board of Zoning appeals attempted to deal with the rules of procedure for the hearing last month, setting aside specific time limits for each side to make its presentation. Lawyers then argued for the right to cross-examine experts. But Board Chairman Dan Thomas probably rues the decision to allow cross-examination as the lawyers argued back and forth over who had the right to cross-examine and who did not.
The hearing will continue tonight and probably tomorrow night as well. The Board has not announced when it will release a decision on the zoning exception, but no matter what the decision is, an appeal is all but guaranteed to the Board of County Commissioners and probably the courts. The battle is not over.
The troubling thing is that all three sides of this debate, the AMC, the townspeople who oppose the center and the landowner are now fully invested in the dispute and a settlement seems unlikely. There will be no winners here.
The fundamental problem, as I see it, is a lack of imagination on both sides of the dispute. The homeowners who object say that they object on the grounds that the development will cause a problem with traffic when 5,000 to 10,000 AMC members come to a three day retreat annually. Given the short period of time involved, it seems the height of foolishness to object to an annual conference that will mean hundreds of thousands, if not millions of dollars in revenue for local businesses over the course of perhaps a week.
Now admittedly, as the traffic is now routed, there will be some pressure on two local roads that are likely to be incapable of handling the influx of traffic as there is really only one approach to the farm. But U.S. Route 15 is a short distance away and there is no reason to believe that some sort of access road from that highway can't be built by the AMC. It may take some additional funding and land purchases but it seems possible.
I think the center is a reasonable idea and can be a boon to the local economy for a short period of time each year. Will the traffic be a problem, yes, but it is such a short period that I don't think it is reasonable to object on those grounds. Objecting on religious grounds is silly and smacks too much of fear and bigotry.
So the hearings will continue today and there is no telling what the outcome will be.
Crossposted at Red Maryland.
The group brought its request to buy the land and obtain an exception to the zoning code before the town's Board of Zoning Appeals on Tuesday night. It was the first of four meetings scheduled for consecutive days this week.The hearing is a matter of probably unprecendented attention for the three member Board of Zoning Appeals. Forty-five minutes before the hearing was scheduled to begin, parking around the Walkersville Town Hall was full and spilling out onto side streets. The hearing was standing room only.
The board is expected to make a decision on whether to grant the exception, which would allow Ahmadiyya to use agricultural land for other purposes, after the hearing concludes.
Ahmadiyya would like to use buildings already on the land and build others. The land would be host to two prayer rooms, two gymnasiums, two offices, a bathroom and a kitchen.
"I think it will be hardly noticeable (by residents)," Zafar said. "It will be identical (to what it is now.)"
Ahmadiyya also plans on hosting its annual three-day Jalsa Salana event, which would bring between 5,000 and 10,000 people from across the country to the town of more than 5,000.
Ahmadiyya was given two hours for its presentation, which was led by attorney Justin Hayes. Zafar, along with experts in transportation, land use and civil engineering, testified during the allotted time.
The town of Walkersville, with a population of about 5,000, has become divided on the matter of the center. Some of the support for the AMC to build the center is focused on keeping the land, now zoned from agricultural, from being used for a housing developement--Moxley's first plan for the land.
The Board of Zoning appeals attempted to deal with the rules of procedure for the hearing last month, setting aside specific time limits for each side to make its presentation. Lawyers then argued for the right to cross-examine experts. But Board Chairman Dan Thomas probably rues the decision to allow cross-examination as the lawyers argued back and forth over who had the right to cross-examine and who did not.
The hearing will continue tonight and probably tomorrow night as well. The Board has not announced when it will release a decision on the zoning exception, but no matter what the decision is, an appeal is all but guaranteed to the Board of County Commissioners and probably the courts. The battle is not over.
The troubling thing is that all three sides of this debate, the AMC, the townspeople who oppose the center and the landowner are now fully invested in the dispute and a settlement seems unlikely. There will be no winners here.
The fundamental problem, as I see it, is a lack of imagination on both sides of the dispute. The homeowners who object say that they object on the grounds that the development will cause a problem with traffic when 5,000 to 10,000 AMC members come to a three day retreat annually. Given the short period of time involved, it seems the height of foolishness to object to an annual conference that will mean hundreds of thousands, if not millions of dollars in revenue for local businesses over the course of perhaps a week.
Now admittedly, as the traffic is now routed, there will be some pressure on two local roads that are likely to be incapable of handling the influx of traffic as there is really only one approach to the farm. But U.S. Route 15 is a short distance away and there is no reason to believe that some sort of access road from that highway can't be built by the AMC. It may take some additional funding and land purchases but it seems possible.
I think the center is a reasonable idea and can be a boon to the local economy for a short period of time each year. Will the traffic be a problem, yes, but it is such a short period that I don't think it is reasonable to object on those grounds. Objecting on religious grounds is silly and smacks too much of fear and bigotry.
So the hearings will continue today and there is no telling what the outcome will be.
Crossposted at Red Maryland.
Friday, January 04, 2008
Islamic Community Wants to Build A Retreat Center In Frederick County
One of the biggest goings on in Frederick County is that Walkersville, MD Board of Zoning Appeals will be holding a multi-day hearing to consider an exception to the zoning of a local farm to be used as a retreat center for Ahmadiyya Muslim Community.
The strength of the opposition surprised many people, including the farm's current owner, the AMC leadership and perhaps even the citizens in Walkersville themselves. The owner of the farm has spent a decade trying to sell his land usually for the purpose of building residential areas:
While the local residents have been cautioned by their lawyer not to mention religion and stick solely to the zoning regulations and objections based on those regulation, the fact is that the religious overtones are running this battle. Had the Southern Baptist Convention or the Episcopalian Church or any other Christian denomination had posited building a retreat, I believe that the opposition would not be so fierce.
Obstensibly, the resident groups objections are based upon traffic and quality of life concerns, but their spokesman doesn't really talk about those matters, but rather speaks with more than a tinge of disdain for the AMC:
Assuming the AMC can address the Zoning Board of Appeals regulatory issues this project should go forward. Berryman has not even been subtle in part of his objection:
I am not absolving AMC of any wrongdoing here either. They have been rather bullish on the matter and I think it is fair to say that they would admit to. But at the same time, it is not an unreasonable deal and most of the land in question would remain undisturbed.
In a time when tensions between Muslim Americans and the rest of the country are so high, when do we need to antagonize people over this issue. The problem is that both sides are so invested in this matter that it is impossible for the matter to end here. A court is going to have to make a decision at some point and then absolutely no one is going to be happy.
The Zoning Board of Appeals will start their hearings on Tuesday, the procedures are here. The meeting is open to the public and public comment will be permitted pursuant to the rules. The capacity of the meeting room is another question and I would not be surprised to see it moved somewhere else, like the high school cafeteria or auditorium just down the road.
The strength of the opposition surprised many people, including the farm's current owner, the AMC leadership and perhaps even the citizens in Walkersville themselves. The owner of the farm has spent a decade trying to sell his land usually for the purpose of building residential areas:
Town commissioners, on Dec. 11, 1996, voted against Moxley’s request to rezone the land from agriculture to residential, citing the character of the area surrounding the farm. Officials were also concerned about resulting traffic, school crowding, water and sewer issues.The AMC's offer came through and now the fight is on. The AMC is not ready to give up and the local Walkersville residential groups are gearing up for a fight as well.
A three-year legal battle between the developer and the town ensued, in which Moxley claimed commissioners acted capriciously and unfairly in denying his request to rezone. Moxley and his partners dropped the lawsuit against the town on Feb. 24, 1999, and canceled a rezoning hearing scheduled for the following day in Frederick County Circuit Court.
In 2003 Moxley presented a concept to build 430 single-family homes and 170 townhouses during the public input period of the town’s comprehensive plan update. That concept also failed.
Moxley sued the town in the late 1990s, he said, in order to avoid losing millions. Moxley said both of his parents were ill at the time, and that his family feared losing millions again through the application of the estate tax. "I didn’t want to do that, but we were stuck between a rock and a hard place.”
While the local residents have been cautioned by their lawyer not to mention religion and stick solely to the zoning regulations and objections based on those regulation, the fact is that the religious overtones are running this battle. Had the Southern Baptist Convention or the Episcopalian Church or any other Christian denomination had posited building a retreat, I believe that the opposition would not be so fierce.
Obstensibly, the resident groups objections are based upon traffic and quality of life concerns, but their spokesman doesn't really talk about those matters, but rather speaks with more than a tinge of disdain for the AMC:
"They want the highest piece of ground in the middle of Walkersville to do that with,” [Spokesman Steven] Berryman said, gesturing to a picture of Muslim men, standing around tents, on his computer screen. "That would seriously impact the normal day to day lives and operations of the citizens of Walkersville.”The immediate problem is the Berryman is being far too short sighted. The AMC has indicated that they currently plan an annual three day retreat. Berryman and the residents state that
The problem with the proposed retreat center is its size, Berryman said. He believes that the Muslims would clog Md. Route 194 with hundreds of buses, max out local hotels and spend two months shipping in goods for the annual summer retreat.
The problem with the proposed retreat center is its size, Berryman said. He believes that the Muslims would clog Md. Route 194 with hundreds of buses, max out local hotels and spend two months shipping in goods for the annual summer retreat.so economic growth is bad, despite the fact that the area around Walkersville is already growing rapidly. It would seem to me that the money this annual retreat would bring in is a good thing for the community. It is not traffic congestion that is the problem, or even that hotels will be booked for three or four days (why precisely is that a bad thing?). The issue is that Walkersville residents or at least some of them don't want "those dirty Muslims" around. It is a sad commentary on our times and a sad commentary about the close-mindedness of some of the residents of a town my wife was raised in.
The Walkersville Volunteer Fire Company No. 11 fundraiser carnival, which attracts thousands of visitors annually, is not a comparable problem because visitors to the carnival do not spend the night, Berryman said.
Assuming the AMC can address the Zoning Board of Appeals regulatory issues this project should go forward. Berryman has not even been subtle in part of his objection:
Berryman suggests the retreat center "could provide cover for others, perhaps unrelated but with evil will, to operate in an undetectable fashion around our schools.”Berryman's objection is based on bigotry and fear, and both are unfounded. For a country founded on religious tolerance, Walkersville certainly seem devoid of tolerance. As I said before, had this been any other religious sect or denomination, the objections would not be as high profile as they are and a likely resolution would have been found.
I am not absolving AMC of any wrongdoing here either. They have been rather bullish on the matter and I think it is fair to say that they would admit to. But at the same time, it is not an unreasonable deal and most of the land in question would remain undisturbed.
In a time when tensions between Muslim Americans and the rest of the country are so high, when do we need to antagonize people over this issue. The problem is that both sides are so invested in this matter that it is impossible for the matter to end here. A court is going to have to make a decision at some point and then absolutely no one is going to be happy.
The Zoning Board of Appeals will start their hearings on Tuesday, the procedures are here. The meeting is open to the public and public comment will be permitted pursuant to the rules. The capacity of the meeting room is another question and I would not be surprised to see it moved somewhere else, like the high school cafeteria or auditorium just down the road.
Wednesday, January 02, 2008
Frederick Commissioner Chuck Jenkins Still Working on Immigration Issues
After having his proposal to withhold county services for illegal immigrants nixed by the full County Commissioner, Commissioner Chuck Jenkins (R) has not stopped his effort to curb the effects of illegal immigration. Jenkins latest effort is one that would seem to be clearly within the power of the state and county to enact--revocation of a business' license to operate if they hire illegal workers. Now in Maryland, business licenses are issued by the state, but building permits are issued by the counties and Jenkins is working on a proposal that would prohibit the county from issuing a license to any contractor who hires illegal immigrant labor.
This is of course true, there are federal laws on the books, but enforcement is pitiful to non-existant. Adding to the mix is the fact that Immigration and Customs Enforcement don't want local authorities to enforce their laws. So Jenkins is doing what he can, using the local permitting process to serve a greater good.
Now of course, there are economic implications. Building permits usuall mean home building as well and when the labor pool shrinks because you take illegals out of the mix, the cost of labor goes up and the price of homes goes up. That is economics 101. But Frederick County's labor shortage will be offset a little by the influx of legal immigrant and native workers coming to the higher paying jobs. That means more higher wages and higher standard of living for everyone, and of course, more legitimate tax revenue. Illegal immigration puts a downward pressure on labor costs. Of course contractors will use the lowest possible priced labor and I don't blame them for doing so. But if we are to curb the flow of illegal immigrants into this state and this county, we have to start by ending the incentives for employers to hire illegals thus providing jobs.
Commissioner Jenkins appears to be the only Frederick County leader is who really interested in making immigration and immigration policy a local issue as well as a national issue. He can see the linkage between increased illegal immigration and the impact on the economic and social fabric of the community. He also appears to be the only Commissioner really interested in the rule of law.
Contact Commissioner Jenkins and offer your support, particularly if you live in Frederick County.
Jenkins is now formulating, in consultation with the county attorney, a plan to audit local businesses that receive building permits from the county.Not unexpectedly, there are some businesses who think that the Jenkins proposal is unnecessary since there are federal laws on the books that supposedly prevent the hiring of illegal immigrant workers.
If those businesses are found to employ illegal workers, they could be fined and the workers fired.
Jenkins said he will be working on the proposal through January, and hopefully submit something to the board by early February.
Part of his intention to pass a similar proposal, Jenkins said, was to pressure the people hiring illegal immigrants.
While some Frederick business owners agree with this type of proposal in theory, they want to see more details about how it would be enforced and funded.
Mark Adams, owner of Adams Construction and Welding, said there ought to be stiffer penalties for businesses that hire illegal workers.
If companies are trying to get cheap labor, shut them down, Adams said.
This is of course true, there are federal laws on the books, but enforcement is pitiful to non-existant. Adding to the mix is the fact that Immigration and Customs Enforcement don't want local authorities to enforce their laws. So Jenkins is doing what he can, using the local permitting process to serve a greater good.
Now of course, there are economic implications. Building permits usuall mean home building as well and when the labor pool shrinks because you take illegals out of the mix, the cost of labor goes up and the price of homes goes up. That is economics 101. But Frederick County's labor shortage will be offset a little by the influx of legal immigrant and native workers coming to the higher paying jobs. That means more higher wages and higher standard of living for everyone, and of course, more legitimate tax revenue. Illegal immigration puts a downward pressure on labor costs. Of course contractors will use the lowest possible priced labor and I don't blame them for doing so. But if we are to curb the flow of illegal immigrants into this state and this county, we have to start by ending the incentives for employers to hire illegals thus providing jobs.
Commissioner Jenkins appears to be the only Frederick County leader is who really interested in making immigration and immigration policy a local issue as well as a national issue. He can see the linkage between increased illegal immigration and the impact on the economic and social fabric of the community. He also appears to be the only Commissioner really interested in the rule of law.
Contact Commissioner Jenkins and offer your support, particularly if you live in Frederick County.
Friday, December 14, 2007
Reliving the Past and Not Moving Beyond It
Local Frederick County attorney E. Kevin Lollar is proposing a plaque to be added to the bust of Roger Taney currently outside the Frederick City Hall. Lollar noted:
Anyone who sees Taney's bust and wants to know more will quickly learn of Taney's opinion in Dred Scot and its influence on the events leading up to the Civil War. Do we have to continually air our dirty laundry?
Lollar claims that he wants to live for the future, and I am not suggesting that we bury or forget the past, but I am unsure how holding on to a Supreme Court decision that is over 160 years old, the product of another time in history, and a demonstrably wrong decision helps us move forward. If we are looking for a way to move forward, why don't we simply admit Taney a racist, that it was bad and start to find a way in this country to make sure that race is not an issue. Throwing the past in the the path to a colorblind society is not the way to make a color-blind society.
Crossposted at Red Maryland
said he doesn’t dwell on the past, he focuses on the future.There can be no doubt that Taney was a racist and the the Dred Scot decision was a nadir in American legal and constitutional history, but do we have to keep reliving the past?
It is with that mindset that the local attorney and development director for the Frederick Housing Authority is working to ensure a bust of Roger Brooke Taney at City Hall will educate rather than omit the former jurist’s role in a landmark Supreme Court decision.
‘‘Our history is our history,” he said. ‘‘We can’t change it, but maybe we can look at it and learn from it.”
Five months ago, the Frederick County chapter of the National Association for the Advancement of Colored People (NAACP) sought the removal of the 76-year-old bust from the hub of Frederick’s government. The group’s reason was Taney’s controversial opinion in the 1857 case of Dred Scott v. Sanford. Taney, a former Frederick resident, authored the majority opinion for the Supreme Court, stating that blacks, even those freed from slavery, were not citizens and had no rights.
In his decision, Taney referred to blacks as ‘‘beings of inferior order and altogether unfit to associate with the white race ...”
Memorializing a man whose words preached prejudice did not sit well with members of the NAACP or Lollar, who is black.
Anyone who sees Taney's bust and wants to know more will quickly learn of Taney's opinion in Dred Scot and its influence on the events leading up to the Civil War. Do we have to continually air our dirty laundry?
Lollar claims that he wants to live for the future, and I am not suggesting that we bury or forget the past, but I am unsure how holding on to a Supreme Court decision that is over 160 years old, the product of another time in history, and a demonstrably wrong decision helps us move forward. If we are looking for a way to move forward, why don't we simply admit Taney a racist, that it was bad and start to find a way in this country to make sure that race is not an issue. Throwing the past in the the path to a colorblind society is not the way to make a color-blind society.
Crossposted at Red Maryland
Frederick Charter Government On Hold
Paul Gordon had comments in the Frederick Gazette about the (hopefully temporary) demise of the charter govnerment movement in Frederick County. While I can understand why the local League of Women voters pulled out since there does not seem to be much interest amoung the County Commissioners themselves to follow through on the effort, the hibernation of the movement is a concern.
In some fairly significant matters, Frederick County and Western Maryland are not much like the rest of the state. Frederick is more rural (although that is changing rapidly), is more conservative (also changing) and tends to be more self-reliant. It has always seemed anachronistic for Frederick to have to go, hat in hand, every year to the General Assembly to do anything of substance. Some members of the Frederick County General Assembly Delegation, specifically Del. Galen Clagett (D) also feel that way. But what is strange is that we in Frederick have not realized the benefits of a charter government. The first, and most important, is that a charter government is here, right in front of us, not a hundred miles away in Annapolis. Second, a charter government is more robust, capable of responding to immediate needs without having to wait for the General Assembly to gather to address immediate needs. Yes, the Commissioners can do some emergency type legislative activities, but it is limited and shouldn't be.
Gordon was right when he said that it is the people we elect that is more important than the form of government we have. This is, of course, true, but when the bulk of the legislative activity we ask of the General Assembly can be held hostage by Delegates over which Frederick County Residents have no control, it is pretty difficult to see how that is to our continued advantage. Yes, a great deal of "scratch my back and I'll scratch yours" goes on in the General Assembly when it comes to county legislative requests, but that doesn't mean it is a good thing.
Gordon used Washington County's charter effort as an example, noting that a vast proportion of the legislation passed by a County Council (on the ballot in February for approval by the county voters to have a strong county council form of charter government) would still have to be approved by the General Assembly.
Maryland's laws regarding the power of Counties to act independently has always sort of amused me. Individual cities within a county, say Frederick City or Brunswick or Thurmont, have a city council and mayors capable of a fair amount of independent action, but the county government is not.
Frederick needs to revive the charter government movement and either adopt a strong executive format or a strong council format. But for goodness sakes, let's move out of the 19th Century.
Cross-posted at Red Maryland
In some fairly significant matters, Frederick County and Western Maryland are not much like the rest of the state. Frederick is more rural (although that is changing rapidly), is more conservative (also changing) and tends to be more self-reliant. It has always seemed anachronistic for Frederick to have to go, hat in hand, every year to the General Assembly to do anything of substance. Some members of the Frederick County General Assembly Delegation, specifically Del. Galen Clagett (D) also feel that way. But what is strange is that we in Frederick have not realized the benefits of a charter government. The first, and most important, is that a charter government is here, right in front of us, not a hundred miles away in Annapolis. Second, a charter government is more robust, capable of responding to immediate needs without having to wait for the General Assembly to gather to address immediate needs. Yes, the Commissioners can do some emergency type legislative activities, but it is limited and shouldn't be.
Gordon was right when he said that it is the people we elect that is more important than the form of government we have. This is, of course, true, but when the bulk of the legislative activity we ask of the General Assembly can be held hostage by Delegates over which Frederick County Residents have no control, it is pretty difficult to see how that is to our continued advantage. Yes, a great deal of "scratch my back and I'll scratch yours" goes on in the General Assembly when it comes to county legislative requests, but that doesn't mean it is a good thing.
Gordon used Washington County's charter effort as an example, noting that a vast proportion of the legislation passed by a County Council (on the ballot in February for approval by the county voters to have a strong county council form of charter government) would still have to be approved by the General Assembly.
Washington County's analysis showed that in the 2001-2005 period, 130 county bills were proposed by the delegation with 58 becoming law. Of those 58, if there had been home rule, only 12 bills, 9.2 percent of the original 130, would have escaped a vote by the General Assembly. That’s hardly significant.Well, let's not be too hasty. What were those 12 bills? What was their subject matter? Were those the top 12 issues of concern to voters? Did they make the top 20? Just because only a few bills would not have needed General Assembly approval does not mean that they were insignificant.
Maryland's laws regarding the power of Counties to act independently has always sort of amused me. Individual cities within a county, say Frederick City or Brunswick or Thurmont, have a city council and mayors capable of a fair amount of independent action, but the county government is not.
Frederick needs to revive the charter government movement and either adopt a strong executive format or a strong council format. But for goodness sakes, let's move out of the 19th Century.
Cross-posted at Red Maryland
Tuesday, December 11, 2007
My Worry About Chain Stores In Downtown Frederick
I admit, sometimes I am too much of a fence sitter when it comes to political matters and I realy shouldn't be. Sitting with a fence pole between my legs gets no one anywhere and almost always comes back to bite me.
A few weeks ago, I posted on the growing debate over chain and franchise stores coming to Frederick. In that post I wrote:
I used to go to Old Town Alexandria regularly. My current physical location makes that impossible, but both Old Town and Georgetown went the same direction--commercialization. Their level of success is driven largely one's opinion of success. If success is measured by property values, sales, revenues, etc., then those two historic districts are wildly popular. If success is defined as keeping the quaint, colloquial nature of a place, then Old Town and Georgetown are miserable failures. The failure, according to Balko, should lie, at least in part on the regulatory agencies responsible for business, zoning and historical regulations.
In looking back on my previously stated position, I realize that I had the right sentiment earlier:
Another reason has to be considered when thinking of the Old Town Alexandria and Georgetown experiences--the desires of the consumers that come to the city. To a certain extent, Georgetown and Old Town took off when a certain mix of predictable and known stores became fixtures in the economic community. Consumers generally don't tolerate great swings in quality and price for goods. Chain stores and franchises offer comfort in brand and quality. The speciality stores and boutiques offer the other end of the spectrum, that is "adventure" and the delight of something new and previously undiscovered. A market driven mix of stores, both chain and locally owned, will probably do more to enhance the economics of Frederick than any ham-handed attempt to "regulate" the mix. The chain stores that come to Frederick will eventually compete with long-established and solid businesses. The turnover in stores will continue, with perhaps a little less volatility.
In the end, I have finally gotten off the fence. Frederick should keep in place its regulations regarding the physical appearance of storefronts in the historic district but beyond that, should not alter the business licensing and operation regulations.
If a chain store comes to town and nobody patronizes the store, the market has spoken and the chain will leave. By the same token, if a locally owned boutique opens and no one patronizes the store, the same thing happens. So in reality, what is the difference between a chain store that succeeds or fails and a locally owned boutique doing the same thing? Nothing, businesses come and go. They live and die in the manner in which they serve their customers and the community.
A few weeks ago, I posted on the growing debate over chain and franchise stores coming to Frederick. In that post I wrote:
For me then, the solution appears to be a split. Allow these larger stores and franchises to come to town, but limit the number of business permits issued and require strict adherence to zoning and historical regulations.I so writing, I have ignored a basic tenant of economics that I should have remembered. Regulation has a cost and that cost should be considered when instituting any regulation. By cost, I don't mean "price" as in how much it costs to implement a regulation, but rather cost, that is what the impact of the regulation will have on the current state, what will be lost. Fortunately, Radley Balko reminded as to what is more likely to happen. The experiences of Old Town Alexandria, Virginia, a merely hour and a half drive away, should be instructive as Balko points out.
Old Town Alexandria is an historic, charming stretch of city just outside of Washington D.C. that features lots of shops, restaurants, parks, cobblestone streets, and a waterfront teeming with American history. George Washington was a regular in Old Town, as was a young Robert E. Lee.The Frederick City Council, the County Commissioners and the Historical Commission should take note of the consequences of their regulatory activities. As Balko noted, the businesses that suffer under tight regulatory regimes are not the big businesses, chains or franchises, but the small independent business owner. It is one thing to have regulations regarding the physical storefront in order to keep the physical appearance, it is a far different matter to have regulations so onerous and rediculous as to prevent the very type of businesses you want to save from actually operating in downtown Frederick.
The Alexandria Times article explained how Old Town Alexandria's onerous permit process and regulatory system have put a strain on small businesses, especially the small, independent outfits that give Old Town all of its charm. I'm fairly anti-regulation, but even I don't have too much of a problem with city ordinances that attempt to preserve unique neighborhoods with a distinct vibe or identity, particularly when the aim is to keep the quaint, historical atmosphere of a place like Old Town. These sorts of regulations are about as localized as you can get, in this case covering just a couple dozen or so city blocks.
But as the article in the Alexandria Times illustrates, even on this parochial of a level, zoning officials and regulators still tend to overdo it with the regulating, then lapse into bureaucratic coma when local businesses have to navigate their way through the mess of red tape.
I used to go to Old Town Alexandria regularly. My current physical location makes that impossible, but both Old Town and Georgetown went the same direction--commercialization. Their level of success is driven largely one's opinion of success. If success is measured by property values, sales, revenues, etc., then those two historic districts are wildly popular. If success is defined as keeping the quaint, colloquial nature of a place, then Old Town and Georgetown are miserable failures. The failure, according to Balko, should lie, at least in part on the regulatory agencies responsible for business, zoning and historical regulations.
In looking back on my previously stated position, I realize that I had the right sentiment earlier:
The free market guy in me says let the big stores come. If the city and its residents really don't want them here, then they will not patronize those stores and the stores will eventually leave. The market will sort them out without the need of the City to get invovled.The truth of the matter is that many of the locations where these national stores would go are limited in size and configuration. On reason why chain stores do things cheaper on a larger scale is that they rely upon repeated models of store set up and layout. If a space has to be customized, that is another cost that cuts into their profit margin and affects the calculus invovled in moving to a particular location.
Another reason has to be considered when thinking of the Old Town Alexandria and Georgetown experiences--the desires of the consumers that come to the city. To a certain extent, Georgetown and Old Town took off when a certain mix of predictable and known stores became fixtures in the economic community. Consumers generally don't tolerate great swings in quality and price for goods. Chain stores and franchises offer comfort in brand and quality. The speciality stores and boutiques offer the other end of the spectrum, that is "adventure" and the delight of something new and previously undiscovered. A market driven mix of stores, both chain and locally owned, will probably do more to enhance the economics of Frederick than any ham-handed attempt to "regulate" the mix. The chain stores that come to Frederick will eventually compete with long-established and solid businesses. The turnover in stores will continue, with perhaps a little less volatility.
In the end, I have finally gotten off the fence. Frederick should keep in place its regulations regarding the physical appearance of storefronts in the historic district but beyond that, should not alter the business licensing and operation regulations.
If a chain store comes to town and nobody patronizes the store, the market has spoken and the chain will leave. By the same token, if a locally owned boutique opens and no one patronizes the store, the same thing happens. So in reality, what is the difference between a chain store that succeeds or fails and a locally owned boutique doing the same thing? Nothing, businesses come and go. They live and die in the manner in which they serve their customers and the community.
Wednesday, October 10, 2007
Charles Jenkins Did Not Violate His Oath of Office
Of all the charges thrown about regarding the Frederick County immigration proposal by Commissioner Charles Jenkins, the most irresposible is the charge that Jenkins somehow violated his oath of office. Local NAACP chapter president Guy Djoken is one culprit.
If proposing a law that would change existing law is a violation of one's oath to uphold the Constitution and laws of the United States, then every time a Congressmen went to the well of the House to drop a bill in the hopper, she would be violating her oath. The same holds true with any other legislator or elected official.
Jenkins did not violate his oath of office by proposing a change in the law or by proposing that a 25 year old court precedent be challenged. Had laws challenging court precedents never been passed, we would not have the nation we have. We could possibly still have slavery as a legal institution and we certainly would have segregation. Laws that are proposed and debated that seek to change existing law is how our nation grows and develops. We cannot have changes to the law without proposing changes, and proposing changes to the law is at the very heart of a legislators and County Commissioners duty.
Jan Gardner and Guy Djoken, you owe Charles Jenkins and apology and until you give him one, you can bet that neither of you will receive any support from me for anything, no matter how right you might be.
While Charles Jenkins may not be in the same position, I can afford to be vindictive.
Crossposted
"Without any actual data sustaining his view, (Jenkins) is embarking on a campaign at odds with the current laws and his oath of office," said Guy Djoken, branch president for the Frederick County branch of the NAACP.County Commission President Jan Gardner is another:
Gardner has said all along she opposes Jenkins' proposal, primarily because the federal government should craft immigration policy, but also because she does not believe school children should be targeted.To accuse Commissioner Jenkins of violating his oath of office is ludicrous on its face and Jenkins would be well within his rights to demand an apology from Gardner at least.
She has accused Jenkins of wanting to willingly break the law and violating his oath of office to the constitution.
If proposing a law that would change existing law is a violation of one's oath to uphold the Constitution and laws of the United States, then every time a Congressmen went to the well of the House to drop a bill in the hopper, she would be violating her oath. The same holds true with any other legislator or elected official.
Jenkins did not violate his oath of office by proposing a change in the law or by proposing that a 25 year old court precedent be challenged. Had laws challenging court precedents never been passed, we would not have the nation we have. We could possibly still have slavery as a legal institution and we certainly would have segregation. Laws that are proposed and debated that seek to change existing law is how our nation grows and develops. We cannot have changes to the law without proposing changes, and proposing changes to the law is at the very heart of a legislators and County Commissioners duty.
Jan Gardner and Guy Djoken, you owe Charles Jenkins and apology and until you give him one, you can bet that neither of you will receive any support from me for anything, no matter how right you might be.
While Charles Jenkins may not be in the same position, I can afford to be vindictive.
Crossposted
Frederick County's Immigration Proposal Fails
An effort by Frederick County Commissioner Charles Jenkins to limit some social services spending on illegal immigrants failed by a 3-2 vote last night. In its place was a ridiculous call from Commission President Jan Gardner and Commissioner David Gray to ask the General Assembly to pass a resolution that
No concrete action other than watching TV is called for. Like the Delegates are going to have time to do that! Gardner and Gray are simply living in a dream land quite apart from you and I. Said Gardner:
Commissioner Gray also floored me with his belief that a mid-size county in a mid-to smallish state is going to have an impact on the Federal Government's policy. As I said, a dream land:
Jenkins is right, though a resolution to call for a resolution is a pointless exercise and really a waste of the Commission's time as well as that of the Frederick County General Assembly delegation.
I hope Jenkins takes on this issue next year. I suggest he modify his proposal to take out his weakest link--education services. Education is a tender subject and his proposal was of questionable legality. In 1982, the Supreme Court ruled that a state could not deny public education benefits to illegal immigrants. While the Court has changed and the immigration picture as well, denying an education is a tricky solution.
If Jenkins were to carve out education services and beef up his argument about spending, he may have a better chance next year.
Cross Posted at RedMaryland.
called for the state and federal governments to solve a "dysfunctional national immigration system and policy," and to stop asking local governments to foot the bill for the impact of illegal immigrants.What???
It proposed no county action, instead urging specific measures for state and federal leaders to take and requesting they read e-mails sent to the commissioners and view a DVD recording of last week's public hearing on the proposal.
No concrete action other than watching TV is called for. Like the Delegates are going to have time to do that! Gardner and Gray are simply living in a dream land quite apart from you and I. Said Gardner:
The resolution tried to acknowledge the issues and direct positive community dialogue that isn't divisive.While I admit that Jenkins' proposal resulted in a divisive debate, it became divisive by the interest groups involved in the matter. The proposal itself is about allocating scarce resources, should it go to those who are citizens and those in this country legally or should it go to those who disregard our laws with apparent impunity? Granted, some aspects of Jenkins' proposal were of questionable constitutionality, it doesn't mean it is unworthy of a real debate in Annapolis.
Commissioner Gray also floored me with his belief that a mid-size county in a mid-to smallish state is going to have an impact on the Federal Government's policy. As I said, a dream land:
Gray said he hoped it could spur the federal government to make some changes and give people hope a solution can be found.It is never to going to spur the federal government to do anything since the touchy-feely resolution is never going to pass Annapolis, let alone make any dent in federal immigration policy. Is it sad that we are at each other's throats policitcally, yes, it is. But we as a county have been put in this position by a failure of the federal and state governments. It is time that we be the ones to step up to the plate and help ourselves, because surely no one else is going to do it.
"It's putting people at each other's throats unnecessarily and I think that's sad," Gray said.
Jenkins is right, though a resolution to call for a resolution is a pointless exercise and really a waste of the Commission's time as well as that of the Frederick County General Assembly delegation.
I hope Jenkins takes on this issue next year. I suggest he modify his proposal to take out his weakest link--education services. Education is a tender subject and his proposal was of questionable legality. In 1982, the Supreme Court ruled that a state could not deny public education benefits to illegal immigrants. While the Court has changed and the immigration picture as well, denying an education is a tricky solution.
If Jenkins were to carve out education services and beef up his argument about spending, he may have a better chance next year.
Cross Posted at RedMaryland.
Friday, October 05, 2007
Frederick County's Jenkins Standing Firm on Immigration Plan
Frederick County Commissioner Charles Jenkins refuses to back down from his plan on immigration and county services desipte emotional testimony from Hispanic residents and groups as well as the ire of his colleagues.
The sad part is Commissioner Jenkins and Sheriff Chuck Jenkins (no relation) appear to be the lone voices in County government who have a plan to combat illegal immigration.
At a time when the state government is facing a massive budget deficit and the county government is not exactly rolling in cash either, it would stand to reason that if the county is spending money on providing services to illegal immigrants, there should be a way to combat those expenses.
The problem, of course, is that a policy like the one Jenkins proposes is not "humane." However, there are two specific benefits, beyond the cost savings that would come from his proposal. First, we would finally get a really good idea of how many illegal aliens are in our county as well as how much in services they consume. Second, obviously, is the message that Frederick County is not a sanctuary. If you come to this county as an illegal alien, you are not welcome.
Now Jenkins' plan, which includes cutting off education services, may face some serious legal issues, particularly a Supreme Court ruling that does not allow local school boards to deny public education to the children of illegal immigrants. I would like to see Jenkins' plan as a whole passed and then let the legal process take over on those items that may have some legal complications. However, Jenkins and Board President Jan Gardner are particularly starting to battle on the issue of education.
Here are the contact emails and phone numbers for the Members of the County Commission. Please call them and email them to urge them to include Commissioner Jenkins Plan in the legislative package.
Jan H. Garner, President, email: jgardner@fredco-md.net phone: (301) 600-3190
David P. Gray, Vice President, email: dgray@fredco-md.net phone: (301) 600-1101
Kai Hagen, email: khagen@fredco-md.net phone: (301) 600-1303
John L. "Lennie" Thompson, email: lthompson@fredco-md.net phone: (301) 600-1303
Be sure to send a note of thanks to Commissioner Jenkins at chjenkins@fredco-md.net
Crossposted at Red Maryland
Jenkins (R) said Wednesday he plans to move forward with his proposal requiring all agencies, nonprofits and schools that receive county funding to verify that the people they help are in the country legally.Jenkins is right and there were not nearly enough people in support of the plan at the Tuesday hearing. Those of us who were there were essentially shut out of the process and more than a few were intimidated by the sheer mass of those opposed to Jenkins plan.
Jenkins would withhold funding from any agency or nonprofit that continues to serve illegal immigrants.
‘‘I haven’t changed my mind,” Jenkins said. ‘‘There was some compelling testimony. I’m not without a heart. But there is another side of the coin not heard last night from the people that want to protect our taxpayers. I think that’s lost.”
The commissioners on Tuesday are scheduled to discuss the 19 bills proposed for the package of legislation they will present to the Frederick Delegation to the General Assembly in November.
Due to Frederick’s form of government, certain legislation can only be approved by the General Assembly, even if it would apply to the county.
That includes Jenkins’ immigration plan. He said he wants the illegal immigration bill included because he believes the federal government has failed to protect the U.S. border. He argues that local governments across the country are enacting similar bills because of failure on the federal level.
Jenkins said he has received a lot of e-mail from residents on the issue. Though he did not know the precise number, he said it was ‘‘10-to-1,” meaning that for every e-mail opposed to his proposal, he received 10 in favor.
He said he hoped his supporters would have come out Tuesday night to speak, but believed that pressure from immigration proponents kept them away. ‘‘I think it’s difficult for folks,” he said.
The Frederick chapter of the NAACP, church leaders, immigration groups and local Hispanics packed Frederick City Hall Tuesday night telling Jenkins and his board colleagues that they do not want the immigration proposal included in the legislative package.
The sad part is Commissioner Jenkins and Sheriff Chuck Jenkins (no relation) appear to be the lone voices in County government who have a plan to combat illegal immigration.
At a time when the state government is facing a massive budget deficit and the county government is not exactly rolling in cash either, it would stand to reason that if the county is spending money on providing services to illegal immigrants, there should be a way to combat those expenses.
The problem, of course, is that a policy like the one Jenkins proposes is not "humane." However, there are two specific benefits, beyond the cost savings that would come from his proposal. First, we would finally get a really good idea of how many illegal aliens are in our county as well as how much in services they consume. Second, obviously, is the message that Frederick County is not a sanctuary. If you come to this county as an illegal alien, you are not welcome.
Now Jenkins' plan, which includes cutting off education services, may face some serious legal issues, particularly a Supreme Court ruling that does not allow local school boards to deny public education to the children of illegal immigrants. I would like to see Jenkins' plan as a whole passed and then let the legal process take over on those items that may have some legal complications. However, Jenkins and Board President Jan Gardner are particularly starting to battle on the issue of education.
Here are the contact emails and phone numbers for the Members of the County Commission. Please call them and email them to urge them to include Commissioner Jenkins Plan in the legislative package.
Jan H. Garner, President, email: jgardner@fredco-md.net phone: (301) 600-3190
David P. Gray, Vice President, email: dgray@fredco-md.net phone: (301) 600-1101
Kai Hagen, email: khagen@fredco-md.net phone: (301) 600-1303
John L. "Lennie" Thompson, email: lthompson@fredco-md.net phone: (301) 600-1303
Be sure to send a note of thanks to Commissioner Jenkins at chjenkins@fredco-md.net
Crossposted at Red Maryland
Monday, September 17, 2007
Frederick Fair Day--Keep It or Dispose of All Days Off of School
Over the weekend, the 145th Great Frederick Fair kicked off for 8 days of celebration that is Frederick County. I am not a native of Frederick County, but my wife is and I have come to call Frederick my home. There is much to love about Frederick and there are three big public events that I believe help define Frederick, MD. First is 4th of July celebrations in Baker Park, which to me is the definition of a mid-sized city 4th Celebration. When friends or family are in town, we don't go down the road to Washington, DC, we go to Frederick's Baker Park. The next is In the Streets, a weekend in October where the downtown area of Frederick is closed to most car traffic and people walk around and enjoy the downtown of Frederick. Finally, there is the Great Frederick Fair. Having grown up in the Jacksonville, Florida area, we had similar events, but there is something different about the Great Frederick Fair.
Of course, anything great these days can't come without some controversy. Now it seems that a group of parents object to the tradition of Fair Day, the day of the week where all Frederick County public school students get the day off from school, obstensibly to attend the fair. Some parents object to the disruption of Fair day, claiming:
While lower Frederick county is not what most people would consider rural, the vast majority of the county is rural and 4-H and Future Farmers of America are still very large constituencies in the county. If Fair Day has lost its educational value (if it really ever had one), then why don't the schools assign some work to be completed as a result of the fair. Then the complaint of having no educational value is trumped.
In a time when some of the same people who decry Fair Day also bemoan the loss of American agriculture, its seems the height of hypocrisy to complain about a day when kids can go to the Fair. If disrpution to the school calendar is the issue, there is a solution. Have no holidays except for Federal or State government holidays--this includes no closure for Rosh Hashana or any other religious holiday of any kind. Have a winter break that extends from Christmas to New Year's Day, and a one week Spring Break. That is all. Of course, such a schedule disrupts parental desires for days off for religious reasons and impacts the union work rules for teachers and other staff--causing an expensive renegotiation.
Until and unless parents are will to support such a schedule, then Fair Day should remain intact--there are some traditions that in the end are harmless at worst. Fair Day used to puzzle me as well, but why do we have to trash every tradition just because some parents object to having to find day care for their kids.
Of course, anything great these days can't come without some controversy. Now it seems that a group of parents object to the tradition of Fair Day, the day of the week where all Frederick County public school students get the day off from school, obstensibly to attend the fair. Some parents object to the disruption of Fair day, claiming:
‘‘I’ve had children in this school system for 15 years and I could never see the point of Fair Day,” said Holcomb, parent of three Frederick County Public Schools students and one Urbana High School graduate. ‘‘I would rather my children be in school. I would understand if all Frederick County students went to the fair on Friday, but they don’t.”I see the objection to Fair Day as yet another disruption in the school calendar and yes, September does not have a single full week of instruction, but do you know what the other days are? Here are the days off as published by the Frederick County Public Schools for the first six weeks of school:
The decades-old Fair Day tradition is a topic that can divide Frederick County residents like no other.
Some, like Holcomb, say Fair Day no longer serves its original purpose. They see it as another disruption to the school schedule. September does not include a single uninterrupted week of classes.
Fair Day supporters say it teaches children about the agricultural tradition of Frederick County.
Becky Brashear, executive assistant at The Great Frederick Fair, said there is no way for fair officials to estimate the number of students who visit the fair on Fair Day every year. She expects thousands of students to show up this year.
- August 27--First Day of School
- September 3--Labor Day
- September 13--Schools Closed (although not mentioned this is Rosh Hashana)
- September 21--Fair Day
- September 28--Midterm ends--schools out two hours early for a Teacher Work Session.
While lower Frederick county is not what most people would consider rural, the vast majority of the county is rural and 4-H and Future Farmers of America are still very large constituencies in the county. If Fair Day has lost its educational value (if it really ever had one), then why don't the schools assign some work to be completed as a result of the fair. Then the complaint of having no educational value is trumped.
In a time when some of the same people who decry Fair Day also bemoan the loss of American agriculture, its seems the height of hypocrisy to complain about a day when kids can go to the Fair. If disrpution to the school calendar is the issue, there is a solution. Have no holidays except for Federal or State government holidays--this includes no closure for Rosh Hashana or any other religious holiday of any kind. Have a winter break that extends from Christmas to New Year's Day, and a one week Spring Break. That is all. Of course, such a schedule disrupts parental desires for days off for religious reasons and impacts the union work rules for teachers and other staff--causing an expensive renegotiation.
Until and unless parents are will to support such a schedule, then Fair Day should remain intact--there are some traditions that in the end are harmless at worst. Fair Day used to puzzle me as well, but why do we have to trash every tradition just because some parents object to having to find day care for their kids.
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