Tom Beyard explains comprehensive plan at council meeting

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Westminster director of planning Tom Beyard explains comprehensive plan at recent Westminster Common Council meeting

At the September 28, 2009 meeting of the Westminster mayor and Common Council, Mayor Kevin Utz conducted a public hearing on the 2009 Comprehensive Plan for Westminster. Planning director Tom Beyard explained that the comprehensive plan was the culmination of two years of work and that it was due to be adopted by October 1, 2009 in order to conform with Maryland State law.

The development of the plan, which began in earnest in October 2007, was broken into three phases, Beyard said. The first phase was a citizen survey, followed by additional public outreach, followed by the drafting phase.

Beyard advised that the municipal planned growth footprint and the planned water and sewer service area had not changed since its boundaries were agreed upon with the county government two years ago.

The plan did incorporate for the first time a water resource and municipal growth element. Both of which are new mandates from the Maryland General Assembly.

The city was “probably one of the first (municipalities in the state) to submit the water resources element… many municipalities had asked for an extension,” said Beyard.

Council president Damian Halstad remarked, “I’d just like to highlight that the state found it to be an incredibly thorough plan… very detailed…”

Later in the meeting the council voted to adopt the plan after more discussion of how proud the council and staff were to have received such good feedback from the state on how well the plan was developed and written.

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Photo caption: At the September 28, 2009 meeting of the Westminster mayor and Common Council, Mayor Kevin Utz conducted a public hearing on the 2009 Comprehensive Plan for Westminster. Planning director Tom Beyard explained that the comprehensive plan was the culmination of two years of work and that it was due to be adopted by October 1, 2009 in order to conform with Maryland State law.

From left to right: Westminster planning director Tom Beyard, Westminster public works director Jeff Glass, Westminster recreation and parks director Ron Schroers, Westminster Common Council members Dr. Robert Wack and Tony Chiavacci. (Photo by Kevin Dayhoff)

20090928 sdosm Tom Beyard explains comprehensive plan at council meeting

Westminster Planning Dir Tom Beyard, Westminster Council Mtgs, Westminster Planning Zoning, Planning, Dayhoff writing essays land planning, Westminster PW Dir Jeff Glass, People Chiavacci Tony,

Dayhoff writing essays land planning, People Chiavacci Tony, Planning, Westminster Council Mtgs, Westminster Planning Dir Tom Beyard, Westminster Planning Zoning, Westminster PW Dir Jeff Glass

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Urban sprawl is no good for all, but don't ignore the legal realities

Urban sprawl is no good for all, but don't ignore the legal realities

10/05/05 By Kevin E. Dayhoff

Recent articles and letters in local publications regarding water allocation, land use and municipal annexation are well intentioned - but clearly indicate a basic lack of understanding of the laws and past court decisions that govern these activities.

That's understandable, because since the early 1950s these areas of law in Maryland have be-come complex by bizarre, byzantine proportions.

In reality, many public officials don't understand the labyrinth of land use law, or they would be more careful about posturing in front of a public that is understandably clamoring for relief. Many pronouncements and promises are great for applause and votes, but woefully short on being legally possible.

In the end, often there is little a public official can do, retroactively, about water or property rights assigned to a property by a legal process put in place decades ago - unless they opt to spend valuable taxpayer dollars (losing) in court.

The next time anyone considers criticizing the City of Westminster about water allocation, bear in mind that you are preaching to the choir. Westminster painfully understands that it must find more water.

Also, understand that you are criticizing the wrong branch of government. For the most part, allocating Westminster's water was taken out of the hands of local officials, by the courts, almost 40 years ago.

In 1964, the city purchased the water system from a private company, which had historically provided water outside the city limits.

In 1966, the Maryland Court of Appeal (Bair v. Mayor and Council of Westminster, 221 P.2d 642 1966) declared the water system a "public utility" as opposed to a "municipal water supply" and made a ruling that forces the city to provide water to any property near any existing water line or "reasonably within its range of performance" - whether or not that property is annexed or in the city limits.

The 1966 Westminster water case is unique and is still used as national precedent. (In fact, it was used as recently as 1995 in a case before the Florida Supreme Court.) Attempting to overturn it may very well not be a wise use of taxpayer dollars.

As far as future land use, growth and development in Carroll County, planning needs to take place long before the housing development is in the public hearing stage or the subject of a costly moratorium.

A discussion needs to take place long before the business of a farm has been rendered unprofitable.

The debate needs to occur before a property owner has been awarded certain legal development rights - which can take the form of a legally enforceable contract, or in any event usually involves at least an implied contract between government and a property owner.

Sadly, the reactionary conversation - often involving unpleasant public hearings, uninformed conspiracy theories, political spinelessness and personal attacks - distorts and polarizes the collective discourse to such an extent that it renders many citizens skeptical about any discussion over growth and development.

The reality is this: You cannot take away a person's property rights or void a legal contract by plebiscite, politics or screaming mob.

That's just one of the reasons it is important that folks attend the community Grassroots Gatherings (http://www.carrollpathways.org/) that are scheduled for residents to get involved in the Carroll County Comprehensive Plan. Go, and ask questions. Many of Carroll County's public servants are the brightest land-use experts in the state.

We may not be able to do much about past land use contracts and court decisions, but the future is up to us. For the sake of that future, a majority of Carroll County residents long for a sober, clearly-worded, intelligent and nonpolitical explanation of farm profitability and the legal issues involving development and growth.

If we don't have that discussion now, our environmental future and the future of our green Carroll County way of life will be history.

Kevin Dayhoff may reached at kevindayhoff AT gmail.com or visit him at www.westminstermarylandonline.net

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20051005 WE Urban sprawl is no good for all weked

Agriculture’s new social contract

Agriculture’s new social contract

September 29, 2005 by Kevin Dayhoff

More than ever, agriculture in Carroll County understands that, like it or not, it now has a new "social contract" with the greater community to operate.

Agriculture understands that simply feeding us, at prices below the cost of production, is not enough and that in today’s world; farmers are obligated with paying for and providing non-farming Carroll Countians with a great view and open space.

Well, I have a surprise for you. There is no such thing as a free lunch or a free view. This is a two way street and non-farmers also have a social contract obligation to become better informed about state mandated water and sewer master plan allocations, land use, zoning laws and the comprehensive planning process.

Economics, population pressure and market forces from outside of Carroll County are going to continue to drive up the value of farm land and ultimately we are all going to have to dig into our pockets and put more money into agricultural land preservation or pay for roads and schools and infrastructure. Read: Roads, schools and other infrastructure costs a great deal more then investing in agricultural land preservation.

For more information on these dynamics, please see two excellent columns written in the Carroll County Times by columnist Tom Harbold on August 30, 2005 and September 27, 2005.

The time to discuss future land use, growth and development in Carroll County needs to take place long before the housing development is in the public hearing stage or the subject of a moratorium. The discussion needs to take place long before the business of a farm has been rendered unprofitable or a property owner has been awarded certain legal development rights.

It is important that folks attend the community meetings, entitled Grassroots Gatherings (http://www.carrollpathways.org/), which are scheduled for residents to get involved in the Carroll County Comprehensive Plan. Go and ask questions. Many of Carroll County’s public servants are the brightest land use experts in the state.

Folks need to comprehend that a contract is an agreement between two parties in which both parties have obligations. Unless we want many of these great views to become great houses, we are all going to have to contribute.

The end users of agricultural products are now so far removed from the actual production of food that the public is no longer familiar with the day-to-day struggles of food production.

Non-farmers seem unwilling to give farmers any logical leeway in understanding a farmer's stewardship for the environment; the impact on profitability of increased regulations and bureaucratic expense or how a farm is to remain profitable in the face of increased urbanization.

Many agree that Carroll County is no place for urban sprawl development in the middle of farmland, far from any municipal infrastructure. Not only for the obvious reasons, but because most of the folks who move into these developments are horrible neighbors for farmers and contribute to the domino affect of the farm next to it becoming unprofitable and ultimately sold, for you guessed it, more houses.

We can start by increasing the funding for agriculture land preservation and increasing the funding of the Maryland Cooperative Extension Service, both of which are the immediate life preservers for the business of agriculture in the state.

If we can fully fund the $1.3 billion Thornton school aid plan, we can fully fund the Maryland Cooperative Extension Service and agricultural land preservation. If Maryland can use its bond rating for a low interest loan program for first time homebuyers, we can bond out a low interest-borrowing program for first time farm buyers.

Most Carroll Countians certainly understand that “more” houses means more schools, roads and infrastructure, and increased demand for government services and before too long, someone wants into our pockets to raise our taxes to pay for it all.

Market forces and population pressure from outside of Carroll County are going to continue to drive up the value of the land and ultimately we are all going to have to dig into our pockets and put more money into agricultural land preservation or spend a greater amount for roads and schools and infrastructure.

Meanwhile, the more farms that are put out of business, the more we increase development pressure by way of putting that many more acres of land on the market for growing houses instead of food.

In the next 20 years, Maryland's population will increase by another million. Not all one million new folks have to live in Carroll County, but if we make the land available, they will come.

Here’s where the conversation slips into “The Twilight Zone.” Friends take me aside and tell me; “Kevin, people gotta live somewhere.” My response is that they all don’t need to live in Carroll County. Development needs to take place in municipalities because that is where the infrastructure is but the new houses don’t pay for the increased infrastructure needed and the increased demand for services.

I believe that incentives, such as fast-tracking need to be in place to encourage commercial and employment tax base development in the municipalities so as to provide revenue stream. But when one approaches Mr. or Mrs. Nimby and say how about an employment campus so that you don’t have to travel so far on inadequate roads for a meaningful job, the answer is I want it to be a farm. Well, the tract of land in question, farming is not profitable and can’t pay the bills so that it can remain a farm. Most likely because you hassled the farmer or killed a bunch of her cows by throwing your trash into her hayfield.

You go to the developer and say, how about developing an employment campus, with high end architectural and design standards and lots of trees and landscaping. The developer says I can’t because it is not zoned for that and I can’t get the zoning changed because the neighborhood became an angry mob when that idea was suggested.

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(Originally from: 20050909 Outtakes Civility Listening session Gathering Places - C:\Media20040630WE\20051005 WE ListSessionP2 Urban Sprawl Hurts us All)

20050929 Agricultures new social contract

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