
Fellow Supporters,
This is serious business. For four years Mary Kay Sigaty has been working against the health and safety of your children and your families, first with the Mulch Task Force, then with CB60-2017 and CB21-2018 where she decided that Type 2 feedstock, defined as food waste, animal mortality and manure, could be trucked in for composting on farmland, all to be trucked out for commercial sale. She thought this was a good idea for Howard County, but only the case if you are one of the industrial mulch/compost facility owners playing farmer that the bills she sponsored favor. What do we think? We think Sigaty has shown poor leadership and been completely irresponsible when it comes to safeguarding the health and welfare of your families.
We
worked hard as a community to fight back against this nonsense and
protect our rights to basic health and safety in our neighborhoods from
the possibility of Howard County farmland turning into satellite
landfills (aka garbage dumps). The problem remaining, however, is that
Mary Kay Sigaty is now running for a Maryland State Senate seat where
she will take her same skewed thinking and continue to plague us with a
disregard for your health and safety. Maryland House Bill HB-171, which
is being considered right now, focuses on creating statewide rules for
composting with “yard waste, food residuals and other organic
materials.” Does anyone really want Sigaty in a position to be a part of
any decision-making that concerns the health and welfare of our
families?
Please remember, for four years Mary Kay Sigaty was dismissive of our health and safety concerns relating to industrial mulching/composting on farmland. She pretended to be a medical expert capable of analyzing and rejecting the well-documented facts laid out by renowned physicians, true medical experts, and environmental scientists concerning the many evidence-based health risks associated with industrial mulch and compost with food/animal waste. She portrayed herself as more knowledgeable than the experts of the World Health Organization (WHO) and the Centers for Disease Control and Prevention (CDC). During multiple County Council sessions she completely ignored the potentially fatal dangers of endless streams of tractor-trailers full of mulch on small rural roads that could wind up killing children waiting for their school bus, which is exactly what happened in March 2017 to two innocent children in rural Virginia. Why is she willing to risk our children’s lives so recklessly?
Primaries are TODAY. Every vote matters, so please place your vote to support candidates who support you, specifically
-- Dr. Calvin Ball for Howard County Executive
and
-- Jen Terrasa for Maryland State Delegate District 13,
both of whom continually
worked for our health and safety these past four years serving us well
on the County Council.
And vote AGAINST Mary Kay Sigaty, running for the District 12 State Senate seat, who has shown a complete lack of regard for our well-being.
Please spread the word and forward this web page to others in your family and personal/professional networks, not only throughout Howard County, but also across the State calling on them to vote against Sigaty during the upcoming primaries TODAY, June 26.
As always, thanks for your support in
doing what you can to help our cause.
With gratitude,
Fellow Supporters,
We promised to follow up with specifics related to the
Bonner/Oak Ridge zoning violations that continue to this day, so you can have fully
understand why it is not possible to count on DPZ for effective enforcement of any
zoning regulations. If they can’t effectively manage one industrial mulch
facility owner who is clearly operating in violation of what is allowed, then
how can they effectively enforce what will be allowed, all of which pose health
and safety risks to your families? In fact, without community involvement in
their process, they wouldn’t even be attempting to manage this one businessman
operating illegally.
By their own account, DPZ in unable to manage particulars
such as pile heights, size and extent of the mulch and compost piles, number
and frequency of tractor trailer/3-axle dump trucks in/out of the industrial
processing facility (yes, we consider 4 to 10 acres that allows for industrial
processing and ability to truck off for commercial sale an industrial
operation) and percentage of commercial sales. Even Kittleman’s suggested
amendments, publicized on Apr 23, that proposed commercial sale
allowance/limits had no plan to regulate the percentage of mulch/compost that would
be trucked off for commercial sale. And why? Simply because it can’t be
accurately monitored. Period. To note, the ag preserve easements do NOT allow
for any industrial or commercial activities as defined by the terms of the ag
preserve program. Those in ag preserve have accepted payment from either Howard
County or the State of Maryland for agreeing to put their farmland as farms in
perpetuity (“Farmland Forever” signs we see on these farms support that
reality).
In the case
of Bonner/Oak Ridge, citizens needed to provide definitive proof of ongoing
violations in order to force DPZ to take enforcement action. All of this just
goes to prove that DPZ can’t be trusted to do their job to enforce their own
zoning regulations even in the face of clear violations, especially without
citizen supervision. Who’s in charge here, anyway? It all goes back to the
point made many times that the burden of enforcement should NOT be placed on
communities. This is not sustainable or acceptable. Perhaps the burden should
be placed on Kittleman to force his people in DPZ to do their jobs. Hold them
accountable for a change.
The timeline below details specific events related to the unallowed activities at the Bonner/Oak Ridge facility that occurred in violation to CB20-2014 zoning regulations. Mulch processing and transfer station activities have been ongoing there for ~8 years, despite several complaints filed to DPZ by residents of Woodbine whose health and quality of life have been compromised. Related documents, several of which were submitted during testimony at the April 16 Public Hearing, are also attached.
So now you know the full story and how it takes far too many concerned citizens far too long to supervise DPZ and hold them accountable to do the right thing. The timeline and supporting attachments prove it. It should not take this level of effort to get DPZ to finally take enforcement action over clear violations that pose many health and safety risks for those residing in proximity to these industrial operations.
We hope the tabling
of CB21-2018 announced at the May 7 County Council legislative session brings
an end to this hotly contested issue on June 4 when the bill sponsors are
expected to withdraw the bill. The farmers behind this are not fighting for CB21-2018 to
sustain true farming activities, rather industrial mulch and compost facility
operators/owners are, exposing children/families to contaminated groundwater
and a litany of health risks that are absolutely and unequivocally
unacceptable. Thank you for staying vigilant on these matters in the past,
present and in the future. As always, we are truly grateful for your continued
and proactive support.
Best,
John Tegeris, PhD
President, DRPS
Kill the Bill!
CB 21-2018
We Will Remember in November!
Fellow Supporters,
Thank you all for staying the course. As you know, on May 7, the County Council decided to table CB21-2018 instead of killing the bill. June 4 is their opportunity to make this right for you, your children and your families. On that night, CB21-2018 MUST be withdrawn.
Why is this bill alive at all? To put thousands of children
and families at risk for the benefit of only 3 industrial mulch manufacturing
business owners who want to expand their industrial operations and locate them
on the farmland to harvest mulch (maybe it’s really a vegetable) and to create
satellite landfills in proximity to your homes. You must be joking. Drive
throughout the farmland in rural western Howard County and tell us how many
mulch farms you see along the way (make sure you have a full tank of gas, you
will be driving for quite a while to find any). And now Sigaty and Fox want to
make it worse by adding food waste, animal mortality/parts and manure (Type 2
feedstock) to compost and allow for trucking in of materials for limitless
mulch/compost industrial processing with food/animal waste, and trucking out using
3-axle dump trucks and tractor trailers to haul this mess off the farm purely
for commercial sale. If I hadn’t spent thousands of hours battling this on many
levels over the past 4+ years, I wouldn’t have believed it myself.
How is it possible that elected leadership could arrive at
this point in Howard County, one of the most desirable counties to live in
across the entire United States? I have answers, but none are good. What we
know is that even when CB21-2018 is withdrawn this issue will still be debated,
but this time at the state level, and with MDE involvement. We asked for this,
plus MALPF, to be on the panel for the Mulch Task Force when Resolution 74-2014
put forth by Sigaty and Fox was voted on by the County Council in June 2014,
but not surprisingly it didn’t happen.
DRPS also sent a certified letter to MDE to formally request
they take into consideration the wealth of factual scientific data to document
that these types of mulch/compost facilities cause evidence-based heavy metals
groundwater contamination, posing neurological and development risks to your
children and families. We specifically asked that during ongoing discussions
with House Bill 171 signed into action by Governor Hogan the panel take into
consideration the disturbing findings in the NY State Report that evaluated
several mulch facilities to find significantly elevated levels of manganese in
groundwater downstream to these industrial/commercial operations that were
beyond allowable, safe limits. MDE officially responded in writing to DRPS on
May 15 to acknowledge these health and environmental concerns and committed to
take the NY State findings into account as they continue to debate the issue.
Finally, a glimmer of hope in what has been a long fight given associated
health and safety concerns.
We are prepared to continue to fight for your families to ensure the State of Maryland also makes responsible decisions when it comes to industrial/commercial operations for mulch manufacturing and compost with food/animal waste/parts on the farmland. We will also hold the State of Maryland accountable, not only Howard County, to ensure they stay committed to protecting the health and safety of you and your children from the many unacceptable risks these facilities pose to your families. Again, this burden should not be placed on communities to fight for the County or State of Maryland to do the right thing, but we have learned over the past four year battle that it is a likely eventuality.
The next opportunity to kill CB21-2018 will be during the
June 4 County Council legislative session. There have been assurances by Howard
County leadership, both by the County Executive and the County Council, that
this bill will be withdrawn. June 4 will be the night for the full County
Council to finally get it right. Several are running for office, and we will be
watching to know where we focus our energies next, and very soon. For the good
of all, we sincerely hope that the current path set in motion by Kittleman at
his May 3 Town Hall meeting for sponsors Sigaty and Fox to withdraw the bill, finally
results in the death of CB21-2018 on Monday. If not, we stand poised and
prepared to spring immediately into action for the elections now in full swing.
Primaries are only a few weeks away. It won’t be pretty. Many thanks for your
continued support and for remaining vigilant and vocal to oppose CB21-2018 and
any other bills like it.
Best,
John Tegeris, PhD
President, DRPS
Testimony of Richard M. Lober on CB-21-2018
My name is Rick Lober and I have been involved in the discussions on mulch and composting for the last 4 years having served on the residents/farming work group for over 20 sessions and on a smaller working group organized by DPZ and the County Executive.
I do appreciate the time spent by Greg Fox, Mary Kay Sigaty, Allan Kittleman, and members of DPZ over the last few years in dealing with this important issue. I also am grateful for what I have learned from our hard working farming community within Howard County.
However, the end result of the many hours spent on the issue is the current CB-21 which negates almost all input by Howard County residents groups and has little to do with farming. The bill is filled with special considerations for a small group of so-called “farmers” who have been operating land clearing and mulch manufacturing facilities for years on County and State agricultural preservation lands – often with no permit, conditional use hearing, or compliance with zoning laws in existence now or at the time operations began. All of this is being presented under the guise of “helping the farming community” or keeping Howard County “Green” while the end result is a gross violation of our County and State Agricultural Preservation Programs.
These programs allow the County or State to buy the development rights of farms in our community in order to preserve the farm for agricultural uses only - in perpetuity. Two such bills passed last year in which the County purchased development rights for a total of 112 acres at a cost of $3.25 million dollars.
I fully support this program as it provides great benefit to our farming community and the residents of Howard County. However, I want to highlight certain portions of these bills that restrict development rights and express my concern over the County’s efforts to continue to water down these provisions through zoning law amendments.
Per the bills language, “ Development Rights” means the rights of the seller in the land to develop the Land for ANY purpose other than Agricultural Uses. “Development Rights” shall include, but not be limited to, the right to use the Land for INDUSTRIAL OR COMMERCIAL USES, for residential purposes, or the storage or depositing of trash, junk, rubbish or debris. These are the rights the County is buying and the farm owner is forfeiting to preserve our farmlands.
The bills also state that Agricultural Uses includes what most of us would consider farming activities (growing crops, breeding animals, and the sale of agricultural products produced on the land) along with other uses DIRECTLY RELATED TO or as an accessory use of the Land for FARMING AND AGRICULTURAL PURPOSES.
This all seems pretty clear cut – farming only, no homes AND no industrial OR COMMERCIAL uses for perpetuity; however, upon reading the Howard County Zoning Regulations, section 106 on Conditional uses allowed on ag preserve properties, the following is allowed on farms in the ag preservation program: Barber Shops, Hair Salons, Cell Towers, Animal Shelters, Commercial School Bus operations, Solar Facilities and if CB21 passes next month, commercial compost and mulching (NWWR) businesses. It is hard to imagine how these relate to an accessory use of a farm for FARMING AND AGRIULCTURAL PURPOSES.
My understanding and discussion with many of the farmers who have become part of this program is that they are proud that they themselves, their parents or even grandparents made this commitment to maintain the farm as an agricultural activity for perpetuity. However, the uses listed above are not farming activities or are any way related to an accessory agricultural use of the farm.
This continuing watering down of the zoning regulations has allowed commercial business owners to purchase these farms at a very low cost (given development rights have been forfeited), place commercial operations such as those noted above on these farms, and reap the tax benefits ($0 Property taxes) associated with the ag preserve program instead of paying what would be much higher taxes for facilities that should be placed on M1/M2 lands.
In looking at the specifics of CB-21, DPZ has given the false impression that commercial uses of ag preserve lands will not be allowed. For mulch, only a nursery may operate at one acre. For compost, the limit is set at 3 acres for any type of farm. However, while “retail sales” are limited to 5% of end product there is no stipulation on “commercial sales” or large 18 wheel trucks entering or leaving the facility. In addition, the bill defines ag preserve lands as only those that are continuing to receive payments from the County – not those that have been fully paid. This is a major loophole typical of what we have seen lawyers for special interests groups lobby to have inserted into language at the 12th hour.
In the spring of 2017, a residential group representative and I sat in meetings late in the Bill’s process with County Council members and the County Executive. At that time, assurances were made that the bill would limit “commercial sales” to 5% for both mulch and compost and restrict truck size on agricultural preservation lands. This clearly would have stopped commercial operators from using lands in agricultural preserve for industrial mulch and compost operations thus allowing only farmers to produce what they need for the farm itself. However, all of that language has been eliminated, watered down or made subject to major loopholes in the current CB-21 thus opening the door to commercial operations.
Finally, it has been disappointing to see promises made by the winning candidates for County Council and County Exec in the 2014 election be broken by their sponsorship and initial endorsement of this Bill. I have also witnessed professionals in the areas of health, fire and the environment be ignored, humiliated and in some cases threatened with the loss of their job while trying to inform DPZ and the Council on the health and safety issues of the current bill before us. This is local politics at its worst.
Given the extensive time spent by County residents, farmers, Council Members, DPZ and the County exec, CB-21 should be tabled until loopholes are removed, agricultural preservation laws are maintained and the health and safety of our residents fully considered.
Fellow Supporters,
Two children were struck and killed by a tractor-trailer Thursday morning when they ran across a road to board a school bus near the town of Dillwyn in central Virginia, officials said.
At about 7:40 a.m.,
officers responded to a report of a fatal crash in Buckingham County
just north of Dillwyn, which is about 65 miles west of Richmond, the
Virginia State Police said in a statement.
A
tractor-trailer was traveling north on Route 15 when a Buckingham
County school bus, with its yellow flashing lights activated, approached
from the opposite direction to pick up a group of children, the
statement said. As the bus slowed, two children ran across the road
toward it. The driver of the tractor-trailer braked, but the vehicle,
loaded with 75,000 pounds of mulch and traveling downhill, hit the
children before it could stop.
The children, identified as Tori Perez, 5, and Jaiden Bartee, 6, died at the scene.
The tractor-trailer driver, a 66-year-old man from Dillwyn, has a valid commercial driver’s license, according to police, and the tractor-trailer was in compliance with commercial vehicle regulations.
No charges will be filed, police said.
Fellow Supporters,
Here is the first in a series of Notes from the President leading up to the Apr 16
County Council Public Hearing. At that hearing, we MUST have a strong
turnout with many citizens testifying in opposition to CB21-2018. It is
mind-boggling that County Executive Kittleman and Council members Sigaty
and Fox, who were all elected into office to promote responsible, safe
and high quality growth of one of the most desirable counties to live in
in the country, could push forward such reckless mulch/composting
zoning regulations.
The
proposed CB21-2018 puts Howard County in a much worse position than
CB20-2014, which is currently in effect. Simply put, CB21-2018 will
allow for any farm in Howard County, including all ag preserve farmland,
to become a satellite commercial landfill of either 3 to 5 acres, with
the ability to truck in food waste, animal mortality and manure (Type 2
feedstock) for composting, as well as to truck out product for
commercial sale (their new definition of legitimate farming). Also
allowed is 1 to 5 acres of industrial mulch processing for commercial
sale, making the situation even more dangerous for your families.
Now
picture two farms that share boundaries and industrial/commercial
interests, for example in Dayton, and we could see mulch/compost
facilities 8-20 acres in size across two farms (I refer to this as
stacking). When this happens, it will undoubtedly be labeled as
“unintended consequences” that we will then need to spend time, energy
and money to “fix.” Isn’t it time to learn from the mistakes of the past
and anticipate consequences BEFORE they become a hazard that puts
families and children throughout western Howard County at serious risk?
To all Council Members supporting this bill, and to County Executive Kittleman who supported this bill at its inception and is now trying to distance himself from it: We will remember your actions throughout the upcoming election process, from start to finish.
Below is an excellent and accurate look at the facts written by David Banwarth and submitted as testimony opposing CB21-2018. Mr. Banwarth is a fire expert professional who has opposed industrial mulch/composting facilities from operating on the farmland since this problem arose in 2014. Please read and remember why we must remain active in opposing CB21-2018. Please forward this email to all others in your personal and professional networks within Howard County to spread the word. Many thanks.
Best,
John Tegeris, PhD
President DRPS
All Councilpersons, please consider this as my formal testimony concerning CB 21-2018.
I studied the composting allowances in CB 21-2018, and the companion MDE regulations, particularly as they would apply to ALPP. They are extremely threatening to our quality of life in Dayton and any similar areas. Of course, the composting threats are in addition to the well documented and dangerous industrial mulch grinding provisions of CB 21 to which I and many health professionals and subject matter experts have previously testified.
Some particularly alarming composting aspects:
· Up to 3 acres of Type 1 or Type 2 "Small" composting facilities are permitted.
·Type 2 composting materials include rotting animal carcasses, "industrial" food processing materials, food scraps waste, manure and bedding, and any other "compostable products". They can be piled up to 9 feet high per MDE regulations.
·The amount of sales is unlimited, for a farm with no currently ongoing ALPP payments, like the Dayton Orndorff farm which adjoins existing rural subdivisions.
What is proposed by sponsoring Councilpersons Fox and Sigaty is the allowance of 3 acres of rotting animal carcasses, food waste, and trash into the middle of our residential community (and similar ones throughout Western Howard County). Toxic pathogens, aquifer and groundwater contamination, rodent infestations, stench, and constant trucking of unlimited waste is proposed in this CB. Even the MDE regulations, describe food waste as "Industrial" waste. It cannot be any clearer that this does not belong outside of M1/M2 zoned land.
I cannot imagine how any Councilpersons could possibly sponsor such reckless, irresponsible, and dangerous legislation. It is bad enough that Councilpersons Fox and Sigaty, along with Councilperson Weinstein, voted against County residents health and safety to allow industrial mulch manufacturing in the midst of our rural communities during the last legislative cycle. Now, they apparently want to take it even a step further in their ongoing war against residents health and safety.
In contrast, I appreciate Councilpersons Ball and Terrasa's thoughtful regard for citizen's safety in the past and wish other Councilpersons can do the same regarding the threats to public safety contained in CB 21-2018. I also appreciate County Executive Kittleman removing himself as requesting the legislation during this legislative cycle and propose that he veto CB 21-2018 if it reaches his desk to rectify his original request for this dangerous legislation.
Please do the following regarding CB 21-2018:
1. Eliminate Tier 2 composting provisions proposed for any proposed zoning category other than M1/M2. They do not belong outside M1/M2 due to the hazardous and noxious nature.
2. Tier 1 composting on other than M1/M2 should be limited to "from the farm - for the farm", with no trucking of materials onto or off of the site, except occasional transport to other farms for "on the farm" use there, with no commercial sales beyond that point.
3. Eliminate proposed mulch manufacturing from other than M1/M2 zones (as is current law). The many hazards associated with this industrial practice are well documented and by their very nature need to be limited to M1/M2 zones. Even a 1 acre mulch manufacturing operation is dangerous to communities health and safety, can damage the aquifer, contaminates air quality, poses severe fire risk, causes noise and odors, and reduces the quality of life in surrounding neighborhoods. It belongs only on M1/M2, as per the current law.
4. Honor the easements and covenants established on Ag Pres contracts and limit all operations there to agricultural uses and currently approved accessory uses (as per the easement requirements and the current regulations - i.e. wineries, hair salons, and other currently allowed accessory uses). Mulch manufacturing is not agriculture by MDE definition and is hazardous. No uses currently within M1/M2 should not be moved onto Ag Pres lands according to the easement contracts established with our Ag Pres payments, which run with the land recordations and apply in perpetuity. Doing otherwise would violate those pre-recorded easement restriction contracts, violate the public trust, and may well subject the County to liabilities and damages.
Rest assured all Councilpersons and County Executive Kittleman that your vote/actions will be remembered beyond this Bill into upcoming elections, both local and Statewide, going forward.
Thank you, please do the right thing to protect residents,
David Banwarth
Dayton, MD
Fellow Supporters,
It is time once again to mobilize quickly. As you know, horrible bill CB60 passed Nov 6 but was nullified due to the County Council unknowingly going beyond the statutory requirement of 125 days to vote on the bill (expired Nov 5), which set a repeat process in motion early in 2018. The Planning Board recently voted unanimously to go forward ‘as is’ with ZRA-183 filed again by bill sponsors Sigaty and Fox, which is essentially CB60 but with a few notable changes.
One key omission is that County Executive Kittleman, whose
name was on the previous ZRA/bill and presented to the County Council through
DPZ on his behalf, decided to remove his name from the current one. Interesting
timing given that elections loom large and he is now fully aware that thousands
oppose this bill and that we will all vote again soon. Could he be growing
concerned that broken campaign promises on our mulch issue will come back to
haunt him during the elections? You bet, and we intend to remind him of this
fact all the way up to the polls when we vote in November should this new mulch
bill CB21-2018 pass ‘as is’.
Allan Kittleman has turned his back on you. He has put the welfare and quality of life at risk for potentially thousands of families, and voters, across Howard County due to the well-documented health and safety risks associated with industrial mulching and composting. Simply put, the current County Executive can run (literally) but he can’t hide. We will not let him quietly slip away from owning this bill, one that puts thousands of children/families at risk. This is cowardice, with a capitol ‘K’.
We just signed on the Law Offices of Katherine Taylor with a
sizeable retainer financed through recent donations. We stand ready to take
immediate legal action should CB21-2018 pass in its current form. If this
occurs, we will file suit against Howard County and County Executive Kittleman.
In the coming days and weeks, we will be calling on our
support base raise more funds for the legal battle that likely lies ahead, in
representing each of your families in this fight. We fought back in 2014 when
the collective community effort rising up together won the good fight with
passage of current mulch bill CB20-2014. These funds will also be used for the
elections, to bring light and name recognition to those running for office that
have supported us, such as Councilmember Dr. Calvin Ball who recently announced
his candidacy for County Executive, and to cast a shadow on those that have worked
against us, such as Councilmember Jon Weinstein running again for County
Council, and Mary Kay Sigaty who will be in the race for Maryland State Senate.
We will also support their opponents, should they take an active position to
support our opposition to CB21-2018.
Over the next two weeks, we will be putting out a series of shorter Notes from the President to detail what everyone who is still engaged in our fight and willing to do their part will need to know. These Notes will detail what is inherently wrong with CB21-2018, to remind you of the real and evidence-based health and safety risks associated with industrial/commercial mulching and composting, what has transpired over the past few months, and what our strategy will be this go-round. We will spell out specifically what swift action must be taken by all between now and the Council Public Hearing planned for Mon Apr 16, where we will once again testify in opposition to CB21-2018, and the Legislative Session likely on Mon Apr 30 when the Council will vote on the fate of industrial/commercial mulching and composting throughout Howard County.
Past performance is, unfortunately in this case, a good predictor of future events. Thanks to County Executive Kittleman, CB21-2018 bill sponsors Sigaty and Fox, and an ineffective DPZ, the deck is stacked against us once again, as it has been since the start of the Mulch Task Force in July 2014 all the way through failed passage of CB60-2017, and up to where we find ourselves once again, for the moment. We will need to do everything we accomplished together in 2014 and during our successful attempts in July 2017 to delay their plan to rush the vote by us for CB60 that same month. Will these delays ultimately work to our advantage? We hope so given we are now in election season and the stakes are higher for these candidates. One thing is for sure, we will be more aggressive than ever before. We hope to count on you for your support on many levels knowing that everyone remains concerned for their children, families and their communities should CB21-2018 pass in its current form. More to follow soon. Many thanks.
Best,
John Tegeris, PhD
President, DRPS
Fellow Supporters,
Hope everyone is doing well. Time to ramp up our support base once again. Below is a call to action with an immediate 24-hour request for everyone. Thanks for reading on and stepping up to help support all of our communities and for quickly forwarding this email to those in your personal and professional networks to help spread the word. It all matters and we can only hope for success if you decide to make it a priority to get involved.
Hard to believe that our fight is now entering its fourth year, almost to the day, but here we are.
Councilmembers Sigaty and Fox have put
forth ZRA-183, and this time County Executive Kittleman declined to add his
name to the proposal. Interesting. We will not let him off that easily, though.
He will see what we think of his poor leadership on a huge issue potentially
affecting the welfare of tens of thousands of families throughout Howard
County, all the way up to the voting polls this Fall.
ZRA-183 is still full of loopholes that will allow for industrial mulching and composting across Howard County. At the Planning Board public hearing on January 11, Councilmember Sigaty acknowledged that commercial operations would be allowed under ZRA-183. Several of us testified at that meeting to oppose ZRA-183. We were pleased that the Planning Board chose to postpone their work session and vote in order to review all the points raised during the public testimony. This is definite progress over what transpired back in May 2017. That Planning Board open work session will be held this Thurs Feb 1 back in the Banneker Room within the George Howard Building, and looks to be last on the agenda.
Here is the pressing ask for your participation and action by noon on Thurs Feb 1. Please copy and paste the following statement (or write your own) and email to the Planning Board at planningboard@howardcountymd.gov by noon this Thurs Feb 1.
Our sincere thanks to the Planning Board for thoughtfully
considering our health and safety concerns, and doing the proper due diligence
in reviewing all testimony submitted. Thank you for taking the time needed
before rendering a recommendation that will potentially affect thousands of
families across Howard County, especially the rural communities in the West.
This is even more problematic given that the ZRA sponsors acknowledged that
this legislation would allow for commercial operations on ag preserve farmland,
which is not allowed per the easements.
We urge the Planning Board to realize that this legislation would allow 1 acre of industrial mulching and 3 acres of industrial composting with Type 2 feedstock (food waste, animal mortality, manure) to be trucked in, processed and trucked out for commercial sale. This will increase disease burden through groundwater contamination, including heavy metals, carcinogenic wood dust, pathogenic endospores, and unbearable stench. Legislation resulting from ZRA-183 could potentially make Howard County farmland a collection of satellite waste dumps that will translate into health risks to families and safety risks to children waiting for school buses on rural roads that would be filled with tractor-trailer and 3-axle dump trucks carrying waste into and out of these facilities all day long. ZRA-183 also contains provisions that will allow for a total of 10 acres of industrial mulch/compost and the resultant tractor-trailer and 3-axle dump trucks traveling along residential community roads along their path.
Please recommend that current CB20 remain active, or eliminate any ability to truck off product for industrial/commercial/retail sale, as well as eliminate allowing any Type 2 materials, such as food waste and animal by-products from slaughterhouses, into the farmland throughout Howard County. Thank you for your time and attention.
There will be several updates in the coming weeks to recap what has transpired over the past few months since the vote on Nov 6, and to unveil new strategies leading up to the next legislative vote soon as we become more aggressive in our efforts to win this go round. What we did together was amazing (thank you) but clearly not enough given we lost the vote 2-3 for CB60. If we are going to have any chance, either in the short-term (Planning Board/Feb 1), mid-term (County Council vote; likely March) or long-term (County Council and County Executive elections) to achieve our outcome to kill this bill once and for all, we need everyone to be prepared to do their part once again. Stay tuned. Many Thanks.
Best,
John Tegeris, PhD
President, DRPS
Please come and bring your neighbors too!
From: John Groopman
Sent: Friday, November 3, 2017 10:19 AM
To: councilmail@howardcountymd.gov; AKittleman@howardcountymd.gov
Cc: Victor Velculescu
Subject: Health risks regarding industrial composting and mulching related to CB60
I am writing with respect to the issue of health risks regarding industrial composting and mulching related to CB60. In background, I have been a Professor of Environmental Health in Schools of Public Health for over 35 years and for 19 years I chaired the Department of Environmental Health Sciences at the Johns Hopkins School of Public Health. My research and practice activities focus on environmental exposures that confer health risks to communities. I have been the co-director of the Maryland Cigarette Restitution funded program at the Johns Hopkins School of Medicine since 1999 and my laboratory is currently funded by the National Cancer Institute to address interventions for populations at risk from air pollution. Finally, I teach the required environmental health course for our annual 250 MPH students, many of whom live and work in Howard County.
I believe that great precaution is needed to consider the siting of the proposed use of the compost and other materials to be applied to lands that impact the breathing zones of residents. There is significant work in our School by faculty and students focused on airborne dispersal of chemical, physical and biological agents that can emerge from high-volume deposition of compost, soil, and waste. Very troublingly work has documented the creation of antibiotic resistant organisms in large animal feeding facilities such as those found on the Eastern Shore of Maryland. As you are aware antibiotics are extensively used in these large chicken and hog facilities and studies from our department have demonstrated the production of antibiotic resistant organisms that are then found in the mulch and composting materials in these animal facilities. These organisms are readily aerosolized and workers in these facilities become exposed to these antibiotic resistant organisms. This is something that we see in community based MRSA infections and it is a very major issue for people living near these large facilities. Since this material is often used to enhance soils for growing various plants the dispersion of these bedding materials is actually fairly widespread even in non-agriculturally intensive areas. Obviously, the dispersion of anything in the air crosses property lines in the same way that the international transmission of air pollutants cross country barriers all over the planet.
Further, it is obvious that the recent and ongoing fires in California illustrate the long-term and long-distance reach of particulate matter that's generated through the aerosolization of particulate matter that can deposit in the deep lung. In addition, most people spend 90 to 95% of their time indoors and when these pollutant materials get embedded in shoes that are then tracked into homes or become entrapped in environments where there is limited air exchange then you can have a constant source of exposure since most people do not use HEPA filter equipped vacuums for cleaning. Ironically in our experience if if these types of materials were found in the air in an elementary school in Howard County parents would be up in arms and demand immediate remediation.
Finally, we are all desirous of being as healthy as possible and we should not unnecessarily compromise health by having avoidable environmental contamination.
Sincerely,
John D. Groopman
Edyth H. Schoenrich Professor of Preventive Medicine
Department of Environmental Health and Engineering
Johns Hopkins Bloomberg School of Public Health
Associate Director for Population Sciences
Sidney Kimmel Comprehensive Cancer Center
Johns Hopkins School of Medicine
Well, here's a new twist. Apparently there is a way to process food waste in a closed environment after all. County Executive Kittleman and Council Members Sigaty and Fox: maybe we're not as crazy as you like to make us out to be. With the possibility of a solution such as bio-digestion recycling facilities, why put forth a bill as poor as CB60 that will allow open landfills to pop up all over Howard County, and put rural communities at risk for heath and safety concerns? Here's even another possible sustainable solution: responsibly grow county run landfills such as Alpha Ridge.
Will the Howard County Council allow the MOST qualified expert to testify/present his health concerns and evidence before they vote? No expert produced by the county is as qualified as Dr Velculescu is.
Please read the letter below that our lead medical expert, a renowned oncologist at The Johns Hopkins Medical Center, Dr. Velculescu, MD, PhD, sent to the Count Council on October 16th to defend key elements of his testimony regarding medical risks associated with industrial mulching and composting with food waste, animal mortality and manure (Type 2 feedstock). This letter was sent given that he was unable to attend the October 16th County Council Work Session due to a long standing commitment to speak that day at a medical conference in New York City.
It is important to note that he was asked to testify before the County Council on October 11, a date he was available to do so. The session was moved to accommodate Dr. Sigaty's experts, who were available on October 16. He did make himself available, however, for the October 23rd Work Session, but certain members of the County Council chose not to invite him to testify then. We have made a request to meet with members of the County Council next week and are hopeful they will grant these meetings in advance of the November 6th legislative vote for CB60.
The experts that did, indeed, testify on October 16 to refute Dr. Velculescu's prior testimony are environmental scientists and not medical professionals. While they do possess experience in their respective area of expertise, they are not qualified to comment on the medical/health risks that industrial mulching and composting with food waste, animal mortality and manure pose to families that reside in communities nearby to these facilities. As with these two environmental experts, I also possess a doctoral degree in a related field with over 25 years of related experience (dual doctorate in Pharmacology and Toxicology, owned/operated a pharmaceutical and environmental testing laboratory, now serve as a technical expert for medical countermeasure advanced development within the Office of the Secretary at the Department of Health and Human Services). However, I am also not qualified to speak to the medical risks without a medical degree.
We continue to work diligently on your behalf to bring light to the health and safety risks that CB60 will create, a bill that County Executive Kittleman supports and apparently still contends "will not allow for industrial mulching or composting" despite what the proposed zoning language reflects in CB60, unless major amendments are added.
From the October 16th work session, we find the following excerpt between Dr. Ball and DPZ Deputy Director Gowan representative of why we continue to push hard for amendments that protect the health and welfare of our families given the uncertainty these medical risks pose to families that live nearby to the types of facilities CB60 will allow for.
Dr. Ball: "You said you talked with folks in the environmental community and soil conservation district, did you talk to any medical professionals, did you have any of those folks as part of the team?"
Ms. Gowan: "No, and I meant environmental staff with the county, not the community, environmental staff with the county and soil conservation district staff."
Here is Dr. Velculescu's letter:
Dear Members of the County Council and Executive Kittleman,
I am writing let you know that I would be glad to be available for any questions to health issues related to CB60. I have let Jessica Feldmark know that I would be available on October 11, 2017, the first date offered for a Council Work Session. I will also be available at the next meeting October 23, 2017, and would be glad to make myself available on other occasions. Unfortunately, I am not available on today, Monday October 16 due to my participation at a medical meeting in New York that was scheduled many months ago.
I have seen the video testimony from the Work Session of October 2, 2017 where several erroneous points were raised by Council Member Sigaty, suggesting that the references in my presentation are from occupational risks and therefore are not relevant. This is an incorrect conclusion by Ms. Sigaty. There are indeed many health risks posed by industrial mulch and composting facilities where the bioaerosol pollution of residential outdoor air can indeed be very similar to that of occupational environments. To clarify this issue, please see items below. I am also attaching to this email my presentation from 2014 as well as several recent publications that highlight the health dangers of industrial mulch and composting operations.
1. Wood dust is a carcinogen. This is well-established as has been indicated by many national and international organizations, including the American Cancer Society, WHO, CDC, and the Department of Health and Human Services. Importantly, wood dust is a carcinogen regardless of whether it arises from wood cutting occupations or from composting activities, as indicated in the 14th Report on Carcinogens from the US Department of Health and Human Services. Please see attached document for further information.
2. Mulching and composting have health risks due to infectious agents. My presentation from 2014 (attached) included many such examples. See slides 3, 4, 5 and 23. Please also see attached example medical references from Butler and colleagues and Siddiqui and colleagues.
3. Composting can lead to toxic and carcinogenic substances. Please see slides 21 and 22.
4. Dust from mulch and composting can lead to inflammatory effects. Please see slide 24.
5. Animal mortality and waste in composting can contaminate groundwater. Please see slide 25.
6. Composting facilities have health effects on nearby communities. Please see slides 26, 27, and 28 for examples in California, Maryland and Europe of negative outcomes from such facilities on nearby residents. Please also see attached medical reference from Herr et al.
7. Infectious agents from mulch and composting facilities can pose health risks at significant distances. See slides 31 and 32. These studies detected infectious agents at up to 1000 – 2400 feet away from site.
8. Individuals living near composting sites have exposures similar to those in high risk occupations. Please see attached article by Herr et al., describing a study performed in Germany of residents near a large-scale composting site. The authors indicate “Bioaerosol pollution of residential outdoor air can occur in concentrations found in occupational environments.” They also indicate “Concentrations of culturable airborne microorganisms, including molds, measured in the residential air during the study at 150 to 320 m from the composting site were 100–1000 times higher than those concentrations generally reported as natural background concentrations.”
Looking forward further discussing any of these points with any of you.
Please include this email and attached documents as part of the testimony for CB60 2017.
Best regards,
Victor
Victor E. Velculescu, M.D., Ph.D.
Professor of Oncology and Pathology
Co-Director of Cancer Biology
Sidney Kimmel Comprehensive Cancer Center
Johns Hopkins University School of Medicine
1550 Orleans St., Rm 544, Baltimore, MD 21287
Phone 410.955.7033 FAX 410.502.5742
Our Fight to Prevent
Industrial Mulching (NWWR) and
Industrial Compost (Tier 2 materials that
include food waste/animal mortality/manure)
on farmland in Howard County
VOTE: Oct 2nd - Howard County Council will decide
Fellow supporters,
It has been over 1,000 days since
we began the fight to oppose industrial mulching and now industrial composting
with Tier 2 materials that include trucking in of food waste and animal
mortality (animal parts; think slaughterhouses). For me personally, it has
meant many of those days working late into the night, really what has amounted
to a second full-time job, working hard on the fight to protect us, our
children, families and neighbors, from the health and safety effects that would
result if we allowed industrial mulching and industrial composting into Howard
County. NOW is the time we need everyone to step up and be present and
accounted for, more than ever, on Oct 2, if you align with us on the
seriousness of what lies ahead tomorrow.
On Mon Oct 2, the County Council will do something highly unusual. At the scheduled Legislative Session, following the Introduction of New Legislation, the Council has scheduled a “Recess for Work Session on Council Bill 74-2017, Council Resolution 124-2017, and Council Bill 60-2017,” immediately followed by a vote on CB60. All this instead of adding continued discussion of CB60 to the next scheduled County Work Session. Why the rush, you might ask?
During the Sept 25 Work Session,
Councilmembers Terrasa and Ball were asking hard questions related to our
health and safety concerns. Those questions were answered ambiguously,
flippantly, or not at all. It seems that Councilmembers Sigaty and Fox may have
noticed that our health and safety concerns were being taken seriously, and in
an effort to not lose more ground on their position, they have pushed for an
immediate vote on their bill.
FIRST... We need a strong call to action!
We need everyone to email CouncilMail@howardcountymd.gov to ask again that adequate amendments (copy from below) be added to CB60 and to urge the Council to delay the vote in order to give this matter the time necessary to carefully address our issues of concern. These amendments include the following:
SECOND... We need a strong turnout
TOMORROW NIGHT,
Monday, October 2nd
in the Banneker Room
of the George Howard Building
3430 Court House Drive, Ellicott City, MD
starting at 7pm
Please spread the word. We have been talking to the media outlets (Channel 11 has been in contact with us and had a media van at the Sept 25 open work session) and will continue to do so for the update and concerns about what will unfold on Oct 2.
I do not envy the position Council Chair Weinstein finds himself in, but being elected to a position of leadership has earned him the right to be held accountable to a higher standard. Scheduling and taking the appropriate time to work through amendments to CB60 is the right thing to do for everyone in Howard County. Attempting to correct or mitigate unintended consequences from a bill that is rushed to a vote will take far more work than simply crafting the bill thoughtfully from the start.
It is the responsibility of all Council members elected to uphold the trust and faith placed in them by the people they represent, and to give adequate time and consideration to ensure that quality of life, health and safety is protected for everyone. The potential impact of CB60 is so extreme that it deserves the benefit of full consideration, without being rushed to a vote.
Council Chair Weinstein finds himself squarely in the middle on a very divided issue, with Councilmembers Sigaty and Fox on one side and Councilmembers Terrasa and Ball on the other. He will play a critical role in a vote that decides whether or not CB60 passes with amendments adequate to protect us from the safety and health risks of industrial mulching and composting.
We have been battling this fight for over three and a half
years. We thought we won it with passage of CB60 in 2014. Not even close. The
process that started with the Mulch Task Force in July 2014 was designed to end
up right where we are, back at the beginning.
We are not crazy, we are angry. We are angry because there continues to be poor leadership on this issue, starting at the top with County Executive Kittleman and extending not only to Councilmembers Fox and Sigaty, but also to DPZ Director Lazdins and Deputy Director Gowan. Take a drive around the County and tell us how many mulch or compost operations are ongoing to support legitimate farming operations. We can’t find any. Here are just some of the facts from the County Council Open Work Session on Sept 25 alone as to why at least the authors of CB60, Councilmembers Sigaty and Fox, deciding on the fate of CB60 are not doing right by you, your children, or your families:
The list could go on and on, but these are the real
lowlights from the events that have unfolded in just the last week. This all
continues to be shocking and unfortunate, but we keep pressing on.
We will hope
miracles happen on Oct 2, but if they do not, we will start to focus our
attention on the elections to put new, better leaders in office and for whatever
else lies ahead to keep fighting for our health, safety and quality of life.
Thank you again for all of the support, outstanding testimony and for the upcoming great turnout on Oct 2 for all who strongly oppose CB60.
Best,
John Tegeris, PhD
President, DRPS
September 7, 2017
Fellow Supporters,
We are fast approaching the continuation of our testimony to
strongly oppose CB60 as it currently stands. As of right now, CB60 allows for
both industrial mulching and industrial composting, with food waste, animal
mortality, and manure, on all RR and RC farmland throughout the County. What
would be allowed under CB60, which also applies to State of MD ag preserve
farmland, is 5 acres of mulch processing plus 5 acres of compost processing,
for 10 total acres with no tie to farming. It also allows product to be trucked
off for commercial sale or sold onsite for retail sale. How anyone can argue
that this is anything but limitless industrial processing is beyond our
comprehension. Feel free to email County Executive Kittleman to see if he can
explain this to us since CB60 is his bill.
In the meantime, the public hearing continues on Monday September 11, at 6pm in the Banneker Room, with a possible further extension to Sept 18 should it be necessary in order to hear all citizens signed up to testify. The vote will not be easy for us and as such we need our strongest turnout ever that evening. Mary Kay Sigaty and Greg Fox, co-authors of CB60 presented on behalf of County Executive Kittleman, will place 2 of 5 important votes against us for the bill they crafted, which will allow for industrial mulching and industrial composting on RR and RC land in Howard County.
Let’s take a trip down memory lane to when then-candidate
Kittleman was running for the County Executive seat back in 2014. We gave him a
platform to spread his message against industrial mulching on ag preserve
farmland, which we believe helped him secure the win over a tightly contested
race against Courtney Watson who failed to take as strong a position opposing
industrial mulching. In the article referenced below, then State Senator
Kittleman condemns DPZ, which under his
leadership is now incapable of taking enforcement action against even the
clearest violators of CB20 without pressure from the community.
The full article appearing in the Baltimore Sun/Howard County Times on Aug 13, 2014 can be accessed directly through the following weblink: http://www.baltimoresun.com/news/maryland/howard/lisbon-fulton/ph-ho-cf-political-notebook-0814-20140812-story.html
Please read the following excerpt and shake your head given the irony of it all and where we find ourselves again now after working hard to succeed with passage of CB20:
Republican county executive candidate Allan Kittleman had strong words for Howard County's Department of Planning and Zoning Monday night at a town hall in Glenwood.
In what would become a theme throughout the night, Kittleman, a state senator from West Friendship, first broached the topic while answering a question about mulching on preserved farmland in the county, a practice he says he opposes when it's done on a large scale.
"I don't think industrial mulching is a proper use on a preserved farm," he told the audience of about two dozen people gathered at the Glenwood Library, but, "I think this is a bigger issue than just that. ... Here, we have a problem with the Department of Planning and Zoning. Here, we have a situation where the leadership of the county has allowed the Department of Planning and Zoning to be controlled by a few people."
I would hope that County Executive Kittleman recognizes that ALL farmland needs to be protected from industrial mulching and composting, not simply the farmland that is in ag preserve. CB60 needs to be amended to prohibit NWWR and any food waste/animal mortality in compost on ALL farmland in Howard County. The farmland doesn’t know the difference. Industrial mulching/composting poses the same health risks to all, and the same safety risks to children waiting for school buses whether the land is in ag preserve or not. Let’s not forget the two young children struck and killed by a tractor-trailer full of mulch while trying to board their school bus just five months ago.
Please make every effort to attend the public
hearing on Sept 11, again in the Banneker Room of the George Howard Building.
It will be a long night of testimony, but it is a certainty we don’t win
without you to get major amendments included in CB60 to protect the health and
welfare of your children and your families. Please spread the word to send more
emails to Council Mail and to County Executive Kittleman. Also, please consider
signing up to testify in opposition to CB60. Let’s show in force with a
thousand voices standing together to oppose CB60. We finish strong, together.
With much appreciation for your continued support as we work hard to protect our families,
Best,
John Tegeris, PhD
President, DRPS
August 17, 2017
Hello Fellow Supporters,
First of all, thanks to an amazing support base for stepping up to support the cause to oppose CB60 on July 17!
One of our goals was to ensure we showed up in numbers to force the vote intended for July 26 (to sneak this by us) to get tabled, and together the strong turnout did just that. In just three short weeks we were able to get over 100 emails sent to County Council Mail stating opposition to CB60, 50 to sign up to testify against the bill and once again pack the Banneker Room on July 17. Again, no way we win this one without a huge turnout from each of you for what continues forward in Sept, and the results from 2014 and on July 17 prove just that. But we can’t stop here.
The Public Hearing for CB60 will continue on Mon Sept 11 at 6:30pm back in the Banneker Room. We need more emails to hit the Council mailbox, more people to sign up to testify against CB60 and even more to show up for a night that will undoubtedly influence what amendments find their way into CB60. We had an amazing group of kids show up on June 29 for our first community meeting to highlight the major concerns and loopholes associated with CB60. If we could get some of those same young future leaders to sign up to testify on Sept 11, it would make for a very strong statement to our County Council.
Before the recap of events that unfolded at the County Council Public Hearing on July 17 where CB60 testimony began, let’s first clearly state what amendments we absolutely need to be a part of what is incorporated into this bill before it goes to a legislative vote so we protect the health and welfare of our families. To note, it is important going forward that all of your emails to County Council and your testimony include these amendments (repetition is the mother of invention):
For clarity to all, as we oppose the current zoning language in CB 60 given the many obvious loopholes it creates, our Amendment 1 by default absolutely prohibits the following on all RR and RC parcels:
Bottom line, what these amendments translate into for NWWR
facilities is the reality that these operations belong on M1/M2 industrial
zoned parcels and need to be covered to responsibly prevent mulch dust and endospores
from airborne contamination to put nearby residential communities at risk for
medical concerns.
Let’s recap the events that unfolded at the July 17 Public Hearing. To start
off the testimony for CB60, DPZ went after our Recipe for Disaster in an attempt to discredit what we have stated
are serious loopholes in CB60 that will allow for industrial mulching and
industrial composting. Their argument was weak and only addressed a portion of
our concerns over the zoning allowances in CB60. DPZ stated that on Howard
County ag preserve farmland the mulching operation needed to be “accessory” to
the primary farming operation. What this means is that the mulching operation
needs to be subordinate to (less than) the primary activity on the farm. This
translates into the ability to do 2 acres of mulching and 3 acres of composting
(with food waste, animal carcasses and manure) for a total of five acres with
essentially no restrictions and can be completely unrelated to the primary
farming activity. There are ~60 Howard County ag preserve parcels of 100 acres
or more.
Essentially what this means for Howard County ag farmland is that wood waste can be trucked in, processed industrially, and trucked out for commercial sale using tractor-trailer trucks in/out of the facility, with no restrictions on truck size or on amounts (i.e., endless/limitless scale in/out). Per our Recipe for Disaster, if 13.3 acres of trees are planted on a Howard County ag preserve parcel then 2 acres of mulching (15% of the total area of trees) can occur with no tie-in to any other activity on the farm, so long as it “accessory” to the main activity on the farm (Note: there appears to be no working definition for ‘tree farming’, so what constitutes “up to 15% of the area actively farmed in trees” is vague and uncertain). We define this as industrial mulching since limitless trucking in of wood waste for industrial processing then trucked out for commercial sale is allowed with no association to any other activity on the farm. This is one of several concerning loopholes that exist with CB60.
If one does the math, then all 60+ Howard County ag preserve parcel owners could have their primary farming activity occur on ~80+ acres, plant trees on 13+ acres and do 2 acres of industrial mulching plus 3 acres of industrial composting for 5 acres in total without restrictions. This does not account for the State of MD ag parcels throughout Howard County that are not even mentioned in CB60.
DPZ also questioned our comment that up to 40K tons could be
processed annually when they state the correct amount is 24K tons. How can DPZ
be confident to defend this number when they admit they cannot enforce pile
height (i.e., the higher the mulch pile the more is processed and produced annually)?
Even more concerning is the fact that it will be difficult to determine what is
mulch and what is compost since both essentially come from the same process,
therefore very difficult to enforce even if DPZ was capable and willing. This
could translate into not just 2 acres of industrial mulch on Howard County ag
parcels, but 5 acres instead. That is another way that the industrial mulch
operator through CB60 can easily get to 40K tons processed annually on just “2
acres” on Howard County ag preserve farmland.
Bottom line, how will DPZ enforce what is accessory when it clearly has proven to be ineffective in enforcing CB20 against the clearest of violators (at one point the Bonner/Oak Ridge complaint was dismissed for lack of evidence to support a violation when residents had presented overwhelming evidence through photos to the contrary; it is not acceptable to place the burden of enforcement on the citizens of this county most affected by the violation)?
What DPZ conveniently failed to reference, which is the biggest loophole in CB60 and the greatest element of our Recipe for Disaster, is that CB60 allows for 5 acres of mulching plus 5 acres of composting (with food waste) on all RR and RC in Howard County, with absolutely no restrictions other than the need to go through a Conditional Use hearing, which will undoubtedly be approved if it adheres to what is allowed per zoning regulations in CB60 anyway. It is also important to note that RC also includes this 10 acres total allowance on State of MD ag preserve farmland that was somehow overlooked from being addressed in CB60. Expanding on the continuing concerns over lack of DPZ enforcement action noted above, it is even more frightening that on all RR and RC other than Howard County ag parcels there could be 10 total acres of mulching since hard to distinguish one processed wood pile from the other, rather than 5 acres each for mulching and composting. We ask our County Executive, DPZ and the Councilmembers that crafted this bill to explain to the many residential communities at risk for numerous well-documented health and safety concerns what part of this does not constitute industrial mulching and industrial composting.
If one does the math, then all numerous owners that have 100+ acres of RC farmland alone (150+ have at least 20 acres on RC) could have their primary farming activity occur on 100+ acres and do 5 acres of industrial mulching plus 5 acres of industrial composting (10% of the total acreage) without restrictions. This does not account for the State of MD ag parcels throughout Howard County that are not even mentioned in CB60, which could represent another 30+ parcels.
With this new and major concern for RR and RC throughout Howard County, our fight to prevent industrial operators from playing farmer in disguise only to exploit the ag preserve program to conduct industrial mulching for personal gain has now expanded to concerns over farmers that will now potentially conduct our definition of industrial mulching and/or composting as an additional means to generate revenue on the farm other than the existing farming activities.
Councilmember Fox pressed hard during my testimony on July 17 to ask how our DRPS submitted ZRA 160, which represented the views of the Concerned Citizens on the Mulch Task Force (dismissed out of hand by the Planning Board on May 25 in favor of ZRA 180 which is now CB60), differed from CB60. He stated that if we really had concerns over medical risks why we would allow even 1 acre of mulching when CB60 is essentially similar in allowing 2 acres of mulching. Here is why Councilmember Fox is off the mark and indirectly is downplaying any of the well-documented data-driven medical risks in allowing even 2 acres of mulching:
We are making progress and our strategy is working. We would
prefer to stick with CB20 and reject CB60 out of hand, but to what extent we
get the right amendments incorporated into CB60 before the legislative vote is
up to us. Great testimony, continuing to voice your opposition to CB60 given
the many loopholes that put not just the rural communities but now also many
residential communities throughout Howard County at risk, and a great turnout
to pack the Banneker Room again on Sept 11 (this time with 1,000 adults and
children) are key as to what level we succeed. Thanks to everyone for making
the time to show in mass as one voice together on Sept 11 for a night hugely important
to our success. With much appreciation,
Best,
John Tegeris, PhD
President, DRPS
CB60 – A Recipe for Disaster
County Executive Kittleman, Council Member Fox and Council Member Sigaty as well as DPZ think CB60 will not allow for industrial mulching and/or industrial composting in RR, RC and Howard County ag preserve farmland. Think again.
The “recipe for disaster” outlined here shows what is possible under the irresponsible zoning language in the proposed CB60.
Howard County Ag Preserve Farmland (ALPP)
Step 1: Operator purchases or leases farmland.
Step 2: Operator sets up a 3-acre “composting facility” for commercial shipment under a county permit (Section 128). CB60 contains no restriction on use of compost.
Step 3: Operator hires local farmer to plant 13.3 acres of trees so that he can apply for a Conditional Use (CU) to operate a “natural wood waste recycling facility” (NWWR) on 2 acres, fulfilling the condition in CB60 that the NWWR facility shall not exceed 15% of the area actively farmed in trees.
Step 4: Once CU is approved, operator sets up a 5 acre facility for industrial mulching/NWWR and industrial composting combined. According to CB60, the NWWR facility is “accessory to the farm,” and therefore allows the operator to ship the mulch he produces without also shipping out any trees, shrubs, or plants grown on the farm. He can use 18-wheel tractor-trailers to continuously truck wood waste product onto the farm for processing, and continuously ship his mulch and/or compost product off the farm for commercial sale. His 5-acre facility will use at least 20 tractor-trailers each day to ship 40,000 tons of product each year, conservatively.
This allows the operators primary revenue generating activity to be industrial NWWR/compost on a limitless scale and not farm product, but that is OK according to CB60.
Rural Residential (RR), Rural
Conservation (RC) and State of MD Ag Preserve Farmland (MALPF) as part of RC
Same as above, but instead of a 5-acre facility, the
operator sets up a 10-acre NWWR/compost facility combined (5-acres of each
through the CU process).
In RR, RC (includes State of MD ag preserve farmland) there
are:
NO restrictions on amount of wood waste material trucked onto the farm
NO restrictions on the amount of mulch/compost trucked off the farm
NO limit on size of trucks
NO tie in for mulching/composting processing to any other activities on the
farm/parcel
NO restrictions on commercial sale
NO way DPZ can enforce what will be allowed per CB60 (they can’t even enforce
clear violators of CB20)
ALLOWS for retail sales on site
ALLOWS for Tier I and Tier II composting, which means on Howard County ag, RR and RC composting of grass, leaves, food waste, manure and in some case animal carcasses is allowed (3-5 acres near you).
In essence, an industrial processing facility with limitless trucking in/out at scale.
If this is County Executive Kittleman’s idea of good
leadership, then we need new leadership. Councilmembers Sigaty and Fox, as well
as DPZ’s Director Lazdins and Deputy Director Amy Gowan, also have their
fingerprints on crafting CB60, so there is plenty of blame to go around for
everyone in charge of your family’s health and safety in Howard County.
CB60 is blatantly irresponsible and reckless in terms of the risks it now puts on residents throughout all of Howard County. If you weren’t angry before this “recipe for disaster,” then hopefully you are now. The following steps will ensure we have a massive response with one unified voice to express our collective opposition to CB60:
1. Email councilmail@howardcountymd.gov to express your anger with CB60 and issue a call for major amendments. We have a letter ready for you on our DRPS website at www.preservedayton.com to copy and paste as your email.
2. Sign up to testify on July 17 at www.howardcountymd.gov through the weblink located across the top bar of the homepage that will take you to the ‘County Council’ page. From there you can navigate your way to registering and signing up to testify at the July 17 County Council session where we can voice our opposition to CB60 one-by-one (Banneker Room in the George Howard Building).
3. Encourage everyone you know within Howard County to show up in person on July 17 at 7pm so our County Council can see firsthand just how off the mark CB60 is.
Bottom line, CB60 does not get the job done to protect residents in the rural communities and beyond. Keep industrial mulching/composting facilities located in M1/M2 commercial zones, and make sure if they exist in those areas they are run properly to also keep nearby residents safe from any health risks (i.e., protection from mulch dust). Please stand with us as one unified voice of thousands to express your unwillingness to accept CB60 as is. Many thanks.
Call to ACTION from the President,
July 1, 2017
Dayton Rural Preservation Society,
Hello Preservers!
We request that EVERYONE send an email to the County Council over the next week to express your concern over CB-60 and call for amendments to protect the rural communities it will put at risk as it currently stands
Send an email to County Executive Kittleman at akittleman@howardcountymd.gov to voice your disappointment in CB60, which is unacceptable without major amendments. Send an email also to the five county council members:
Email councilmembers -- gfox@howardcountymd.gov, jweinstein@howardcountymd.gov, cbball@howardcountymd.gov, jterrasa@howardcountymd.gov, mksigaty@howardcountymd.gov
Urge your neighbors, friends, family and community to take action now to send emails to both the County Council and County Executive. Please include reference in emails to key amendments needed, noted below:
-- Compost/Mulch on RR/RC/All Ag
-- Limit shipment to that required for the farming product produced, i.e. shipment with trees, shrubs, plants
-- Limit truck size to small trucks (include definition) that must contain product from the farm
-- Restrict Industrial Shipment to M1/M2
-- Add restrictions on M1/M2 (covered facilities)
-- Add State Ag to County Ag – same rules
-- Ban these uses on cluster subdivision parcels
-- Stricter enforcement, larger fines that escalate as violations continue, and more aggressive enforcement for violation
-- Further define “Emergency NWWR”
NEXT STEP: If you are willing, we need you to sign up on July 5 to testify Mon July 17 at the first County Council meeting that will take place then (Banneker Room, George Howard Building). You can sign up to testify at http://cc.howardcountymd.gov by clicking on ‘Testify’ along the top bar. You will have up to 3 minutes (you do not need to use the entire time) at the County Council meeting on July 17 to tell the council why you think CB-60 is a bad idea for Howard County.
We are urging everyone to make plans to overflow the Banneker Room as a strong show of support for our opposition to CB-60 without major amendments. We need 1,000 people to be present on July 17. From that meeting to introduce the legislation and for those who signed up July 5 to testify, the County Council will hold another session to vote on the legislation two weeks later. That Council meeting (also in the Banneker Room) will take place on Mon July 31.
It is imperative we have an amazing, even astounding, turnout of 1,000 people also on July 31 to ensure the full County Council feels the weight of our strong opposition as they vote on this important zoning legislation.
County Executive Kittleman made a strong campaign promise back in 2014 when we gave him a platform to voice his position on the issue of industrial mulching. He publicly stated:
"In response to your inquiry regarding industrial mulching on agricultural farm land, I can unequivocally state that I am opposed. There have been three major public hearings on this issues: one at Dayton Oaks Elementary School, one in Sykesville and another at the Ten Oaks Ballroom with an estimated attendance of over five hundred, where I stated that I firmly opposed industrial mulching. As County Executive, I will actively continue my opposition.”
From the content of CB-60 that was presented by County Executive Kittleman, we are very disappointed that he has not even kept half of his campaign promise, at best. This new industrial mulch/composting legislation does NOT include any restrictions on State of MD (MALPF) ag preserve farmland. Essentially half of Howard County is State of MD ag, with the other half Howard County ag (ALPP). The county council, with Calvin Ball as Chair, introduced Amendment 5 to CB-20 which prohibits industrial mulching on MD ag farmland. We argued then, and again now, that not addressing both MD and Howard County ag farmland is tantamount to fencing only half of your yard and expecting that to prevent things from wandering in.
Beyond this huge oversight, which is intentional negligence in our opinion, there are loopholes in the current CB-60 that will allow industrial mulching and industrial composting to occur. We will talk more on June 29 and in the coming weeks about what amendments are absolutely needed to keep order to this industrial mulching issue. As it stands, industrial operators playing farmer in disguise will be able to purchase ag preserve on the cheap, only to move their industrial processes onto the farmland and into your communities, to present risks to families that we simply will NOT accept.
To quickly recap, please plan on taking action on these dates:
July 5, online. Sign up to testify at http://cc.howardcountymd.gov
by clicking on ‘Testify’ along the top bar. You will have up to 3 minutes at
the County Council meeting on July 17 to tell the council why you think CB-60
is a bad idea for Howard County.
July 17, 7pm. Attend County Council meeting at George Howard
Building, Banneker Room, to show opposition for CB-60. We need 1,000+ people
here.
July 31, 7pm. Attend County Council meeting at George Howard
Building, Banneker Room, as County Council votes on CB-60. We need 1,000+
people here.
Best,
John Tegeris, PhD
President, DRPS
Letter from the President - June 25, 2017
Supporters,
Hello to all from within all four corners of Howard County that constitute our large support base. We thank each and every one of you for stepping up back in 2014 to stand by our side in numbers at several community and Howard County Council meetings as a show of our opposition to industrial mulching on ag preserve farmland in the County. Unfortunately, it is time to rally the troops, and quickly, for the next round of the fight that lies ahead for July. The small core team that has been representing your interests on this industrial mulching issue continuously since passage of favorable CB-20 has intentionally kept our supporters on the sideline to keep you ready to mobilize and spring into action if/when needed. That time is NOW. Definitely. We were happy with CB-20 then and are NOT happy now. Please read on.
For three long years we have been trying to hold down the fort for all we accomplished together with passage of CB-20 in June, 2014, through many Mulch Task Force and several meetings with County Executive Kittleman, the County Council, and the Director of Department of Planning and Zoning (DPZ), Val Lazdins. We now find ourselves in a position to once again fight our way through another ZRA on industrial mulch/composting, this time in the form of ZRA 180, officially introduced as CB60-2017 on June 22 by DPZ on behalf of County Executive Kittleman. CB-60 as it currently reads presents many opportunities for industrial mulching to occur that will put rural families at risk for many safety and health concerns, and is therefore unacceptable to the rural communities throughout Howard County.
As a community, each and every one of us needs to make the necessary time to do our part for the cause. First up for a strong showing is the community meeting to be held this Thurs June 29 at Dayton Oaks Elementary School from 7-9pm in the cafeteria to provide an important update and call to action (press will be in attendance). We will walk through all that has transpired since 2014 and lay out what lies ahead over the next five weeks. At that meeting we will request that EVERYONE send an email to the County Council over the next week to express your concern over CB-60 and call for amendments to protect the rural communities it will put at risk as it currently stands (that Council email address is councilmail@howardcountymd.gov). You can also access the Council email address directly through the http://cc.howardcountymd.gov website and navigating to the active link to ‘Email all Council Members’ through the ‘Contact Us’ tab across the top bar.
Next step will be, for everyone willing, to sign up on July 5 to testify Mon July 17 at the first County Council meeting that will take place then (Banneker Room, George Howard Building). You can sign up to testify at http://cc.howardcountymd.gov by clicking on ‘Testify’ along the top bar. You will have up to 3 minutes (you do not need to use the entire time) at the County Council meeting on July 17 to tell the council why you think CB-60 is a bad idea for Howard County.
We are requesting and urging everyone to make plans to overflow the Banneker Room as a strong show of support for our opposition to CB-60 without major amendments. We need 1,000 people to be present on July 17. From that meeting to introduce the legislation and for those who signed up July 5 to testify, the County Council will hold another session to vote on the legislation two weeks later. That Council meeting (also in the Banneker Room) will take place on Mon July 31. It is imperative we have an amazing, even astounding, turnout of 1,000 people also on July 31 to ensure the full County Council feels the weight of our strong opposition as they vote on this important zoning legislation.
County Executive Kittleman made a strong campaign promise
back in 2014 when we gave him a platform to voice his position on the issue of
industrial mulching. He publicly stated:
"In response to your inquiry regarding industrial mulching on
agricultural farm land, I can unequivocally state that I am opposed. There
have been three major public hearings on this issues: one at Dayton Oaks
Elementary School, one in Sykesville and another at the Ten Oaks
Ballroom with an estimated attendance of over five hundred, where I stated that
I firmly opposed industrial mulching. As County Executive, I will
actively continue my opposition.”
From the content of CB-60 that was presented by County Executive Kittleman, we are very disappointed that he has not even kept half of his campaign promise, at best. This new industrial mulch/composting legislation does NOT include any restrictions on State of MD (MALPF) ag preserve farmland. Essentially half of Howard County is State of MD ag, with the other half Howard County ag (ALPP). The county council, with Calvin Ball as Chair, introduced Amendment 5 to CB-20 which prohibits industrial mulching on MD ag farmland. We argued then, and again now, that not addressing both MD and Howard County ag farmland is tantamount to fencing only half of your yard and expecting that to prevent things from wandering in.
Beyond this huge oversight, which is intentional negligence in our opinion, there are loopholes in CB-60 as it currently exists that will allow industrial mulching and industrial composting to occur. We will talk more on June 29 and in the coming weeks about what amendments are absolutely needed to keep calm and order to this industrial mulching issue. As it stands now, industrial operators playing farmer in disguise will be able to purchase ag preserve on the cheap, only to move their industrial processes onto the farmland and into your communities, to present risks to families that we simply will NOT accept.
To quickly recap, please plan on taking action on these dates:
June 29, 7-9pm. Attend community meeting at Dayton Oaks
Elementary School.
July 5, online. Sign up to
testify at http://cc.howardcountymd.gov by clicking on ‘Testify’ along the top bar. You will have up
to 3 minutes at the County Council meeting on July 17 to tell the council why
you think CB-60 is a bad idea for Howard County.
July 17, 7pm. Attend County
Council meeting at George Howard Building, Banneker Room, to show opposition
for CB-60. We need 1,000+ people here.
July 31, 7pm. Attend County
Council meeting at George Howard Building, Banneker Room, as County Council
votes on CB-60. We need 1,000+ people here.
We will need to be more unified and more widespread in our opposition than ever before to achieve success again. Please spread the word to your family, friends and colleagues that live anywhere in Howard County, and not just the rural West, since this is truly a countywide issue. With appreciation for the sacrifices each of you will make over the next five weeks,
Best,
John Tegeris, PhD
President, DRPS
Dedicated Supporters,
Hope our DRPS support base is doing well and ready to mobilize again. That time is coming soon with two meetings where we absolutely need a strong showing from our supporters (detailed separately below). We have intentionally delayed an update to our followers while the Mulch Task Force (MTF) navigated its way through nine months of proceedings, now concluded after 24 weekly meetings that lasted 3 hours each, in order to arrive at a good stopping point to share with you where things stand from a high level. We will provide the important specifics/granularity when we hold our first community wide meeting for 2015, likely within the next two months.
Before providing the summary, let’s highlight the first all-important meeting that requires a strong DRPS presence, which follows here:
The time to again mobilize as a united DRPS is now upon us. One meeting already scheduled is the HCCA annual meeting that will take place on May 13 starting at 6:30pm and showcase County Executive Allan Kittleman in attendance to answer any questions of concern for our communities, both rural and residential. This includes our farmers, who we fully support and appreciate. We would be grateful if you could visit the HCCA website now through the weblink below to register for the event, as well as to mark it off on your calendars to ensure you will attend. HCCA will be providing free pizza for those in attendance, so Stu Kohn, President of HCCA, would like for those planning/able to attend to register online so he knows the headcount to place the right order.
Here you go:
to register online (thank you!). There will be a sign-up sheet at the May 13 HCCA meeting for those who want to ask County Executive Kittleman any questions.
Now to the background and high level summary for the MTF proceedings:
Attached here for your review is what is entitled the Concerned Citizens Report we crafted along with our experts and key DRPS core team members to present our recommendations resulting from the MTF meetings that began in July and ended with recent submission of these two reports to the County Council. To note, we pushed to ensure our experts were given the opportunity to present their findings at the appropriate time during the course of the MTF proceedings. Our report addresses the need to find ways to ensure farming is sustainable, but is completely opposed to industrial mulching/composting on ag preserve farmland.
A majority of the time spent by the MTF addressed the need for composting, following a matrix developed to guide us through our many meetings. This introduced another level of health concerns with the proposed industrial scale for composting (up to 10 acres; far in excess of what is needed to sustain any farmer for true farming operations in the County). Notably, animal mortality and food waste in composting was introduced, and with setbacks in proximity to residents, presenting significant opportunity for high bacterial and pathogen levels that could contaminate groundwater and result in disease/infections to undermine the health of families living nearby to these industrial operations. This, now in addition to our existing health and safety concerns for industrial mulching/NWWR operations, validates that where we ended up at the end of the MTF proceedings is potentially far worse than when we started.
To summarize, five individuals serving on the task force panel signed on in support of our Concerned Citizens Report for the entities/organizations we respectively represent. We became accustomed to being the minority on most MTF voting (typically 15-5 against us), however, we were diligent to deliver the same and very consistent evidence-based opposition message, regardless of the final vote count. While we were the minority on the panel itself, we clearly represent the majority when viewing this from the perspective of both the rural and residential community of voters we collectively represent throughout Howard County that opposes industrial mulching/NWWR on any ag preserve farmland. This type of operation is not agricultural nor a farming activity, but clearly an industrial process that is proposed for the benefit of only a few who are not farmers but industrial business operators interested in exploiting the ag preserve program for personal gain.
Those MTF panel members that supported the Concerned Citizens Report follow:
Rick Lober, representing the County Executive’s Office
John Tegeris, PhD, representing Dayton Rural Preservation Society (DRPS)
Stu Kohn, representing the Howard County Community Association (HCCA)
Ted Mariani, representing the Concerned Citizens for Western Howard County (CCWHC)
Brent Loveless, representing Howard County District 3
We encourage you to take time to read this final report (LINK BELOW), to be appended to the majority report that was also submitted to the Council (we are told both reports will be available through the Howard County website soon; up first is review by our County Council). What we hope is clear from the content is that we remained vigilant to stand by our position throughout the long, arduous proceedings to strongly oppose industrial mulching/NWWR and industrial composting on both Howard County and State of MD ag preserve farmland. This, based on well-documented health, safety and environmental concerns for our rural/residential communities, consistent with what we accomplished on June 2 with passage of CB-20 to prohibit same.
The second event that requires a strong DRPS turnout will be when the reports are formally presented to the County Council, as part of the process to come full circle since that time when the MTF was initially established for this purpose to inform them of our collective findings. Once we see this on the agenda for what will likely be a Mon evening legislative session, we will alert our followers. We are told that budget issues predominate the agenda and the reports could be before the County Council from the May to the June timeframe. Please stay tuned for this very important update when we learn more for the DRPS call to action.
It is important to DRPS leadership to maintain your trust, to believe that when we call on our supporters, you and your family will step up to attend these meetings given we feel a show in force is necessary to clearly message that we remain motivated and committed to the cause.
We greatly appreciate whatever sacrifices you and your family make to continue actively supporting this common cause for our communities, to protect what we accomplished together to date, as well as your continued support as ‘One Voice’ for what lies ahead. More to follow. With much appreciation,
Best,
John Tegeris, PhD
President, DRPS
VICTORY: Woodbine's illegally operating industrial mulch facility was shut down Tuesday by the Howard County Hearing Examiner!
Council Bill 20-2014 was enforced! We are giving thanks this Thanksgiving morning!
November 27, 2014
DRPS Supporters,
Congratulations go out to all of our rural communities in Howard County for the recent victory on Nov 25th. We had a strong turnout of about 80 supporters in attendance at the George Howard Building to be a respectful yet forceful presence at the case brought before the Hearing Examiner between Howard County/DPZ and Oak Ridge Farm in Woodbine. We are grateful that so many could take the time on a work-day and during this holiday week to attend this hearing on behalf of the communities we are working hard to represent.
The outstanding result of the hearing is that CB-20 was enforced upholding CB-20 which prohibits industrial mulch manufacturing on all ag preserve farmland in Howard County. This is precedent-setting and a tremendous outcome resulting from almost one year of the community working together with our Howard County government!
Oak Ridge Farm and the County entered into a Consent Order and placed it on the record before the Hearing Examiner. In it Oak Ridge Farm has admitted to the violation in the civil citation pertaining to mulch manufacturing and has agreed to pay a $1,000 fine for the violation. Oak Ridge Farm has also agreed to cease all mulch manufacturing operations, including importing, grinding, or exporting feedstock, until such time as the zoning regulations are changed, if they are changed.
We, of course, continue to work diligently on the Mulch Task Force against difficult odds to keep CB-20 and the current zoning regulations in place while trying to strike the right balance to advocate for the needs of true farming operations. The issues are complex, but we remain vigilant to put forth our evidence-based recommendations through what is likely to be a minority report. This serves as a reminder that the fight continues, and the likelihood exists that the community will once again need to show numbers in support of keeping the legislative intent of CB-20 no matter what the Mulch Task Force majority report recommends.
Special thanks to our County Executive, County Council, Hearing Examiner, DPZ and the County Solicitor's Office for the collective work to arrive at this favorable point for the rural communities to protect our health and safety. We are grateful for their efforts and also for the support of so many throughout Howard County that stand by our side. Our work continues starting again next week at the Dec 2nd task force meeting.
Until our next update, wishing everyone a Happy Thanksgiving and a good start to the holiday season. With much appreciation,
Best,
John Tegeris, PhD
President, DRPS
November 20, 2014 - It's time to shutdown the illegally operating Woodbine industrial mulch facility!
Hello to our DRPS Supporters,
It was a real pleasure to see so many from our support based at Dayton Oaks throughout election day. The heartfelt thanks conveyed for our efforts to protect our rural communities from the health and safety risks of industrial mulch manufacturing is greatly appreciated. As sincerely stated to everyone then, what we accomplished with passage of CB-20 to prohibit industrial mulch/composting facilities from operating on ag preserve farmland throughout Howard County could NOT have been achieved without each of you taking ownership to play a big part in attending all of the important meetings and legislative sessions with the County Council.
We want to take this opportunity to congratulate Allan Kittleman for winning the election to serve as Howard County’s new County Executive. We have complete trust and faith that, together with our County Council, he will make our great county even stronger while keeping our communities safe. We also want to extend congratulations to Council Chair Dr. Calvin Ball, Council Members Greg Fox, Mary Kay Sigaty, Jen Terrasa and newly elected Jon Weinstein for their respective wins to serve on our next County Council. We look forward to working together on not only our issue but on other matters of importance to managing sensible growth for Howard County. We also want to extend our sincere gratitude to Ken Ulman and Courtney Watson for the all-important, active role each played in CB20 to not only keep industrial mulch manufacturing business owners from operating on ag preserve farmland, but for active enforcement action through DPZ to move forward to shutdown illegally operating mulch manufacturing facilities also on ag preserve farmland.
In fact, that movement forward to shut down illegally operating mulch manufacturing continues next Tues, Nov 25th, AND WE NEED YOUR SUPPORT. On Tuesday, Nov 25, the County will present its case before the Hearing Examiner for enforcement action against Oak Ridge Farm, LLC industrial mulch manufacturing operation located in Howard County. This facility currently exists on State of MD ag preserve farmland in Woodbine, Howard County, and is owned by Erich Bonner and John Hughes. A large turnout from the community will send a strong signal that we remain organized and committed to keeping facilities that pose unacceptable health, safety and environmental risks permanently off of ALL ag preserve farmland. The hearing will begin at 9:30am in the Banneker Room of the George Howard Building in Ellicott City. I know it’s a work-day…and I also know that this hearing represents a precedent-setting event for our rural communities. We won’t be providing testimony, but we have to make sure our voice is heard loud and clear with our presence.
Please understand that this case being heard is not just about Woodbine – this is about MD ag preserve farmland, which also surrounds us here in Dayton and throughout Western Howard County. We need to let everyone know that just because you relocate your industrial mulch manufacturing operation onto farmland, that doesn’t suddenly make it farming. Thank you for making time to be at the George Howard Building with us at 9:30am on the 25th.
And just to give you a little background on what we’re up against, and what we have to continually stand guard against, here is a brief timeline of events relating to Oak Ridge Farm and Recycled Green Industries, with both companies sharing the same owners:
Again, please join us on Nov 25 so that your presence can be seen with a large turnout to support the actions DPZ and Ken Ulman have taken together with our County Council for bringing Oak Ridge Farm’s violations before the Hearing Examiner for shutdown enforcement for the current industrial mulch manufacturing operation.
The next Note from the President will highlight the ongoing battle of the Mulch Task Force, as those committed to protecting your collective interests are holding a hard line, but are in the minority to impose limits that keep industrial mulch manufacturing/composting off the rural farmland for other than smaller scale needs of true farming operations. Just to keep you engaged and concerned, the task force majority recently proposed to allow composting that contains animal mortality/waste located only 50 feet from the nearest dwelling, and up to 5 acres in size with only an administrative permit (not a Conditional Use permit) required. This is all new ground in terms of regulations, and while we do support these activities for farming operations and sustainability, it is yet another area of concern regarding health and safety issues. Discussions have been both long and extremely complex with residents’ groups in the vast minority. Stay tuned and committed, DRPS supporters.
See you Nov 25. Many thanks.
Best,
John Tegeris, PhD
President, DRPS
10.26.14
DRPS Following,
Hope our support base is doing well. Exciting times lie just around the corner with the upcoming elections on Nov 4. Many have responded since the last Note from the President on Oct 4 to inquire as to which candidates support our unified position to oppose industrial mulch manufacturing (NWWR) operations on ag preserve farmland.
This provides the timely opportunity to share responses on our very important election issue from the two candidates vying for County Executive in Howard County. Both Senator Allan Kittleman and Council Member Courtney Watson responded to a question posed by a supporter of DRPS who asked for both candidates to weigh in on where they stood on pledging continued support to keep industrial mulch manufacturing permanently off ag preserve farmland. Above are screenshots of the question and the exact responses supplied by Senator Kittleman and Council Member Watson.
Two other rolling updates for issues central to our opposition movement that continue to evolve:
1) Since the last Note, several developments have taken place regarding DPZ shutdown enforcement action of the Oak Ridge industrial )mulch manufacturing facility that continues to operate illegally in Woodbine/Howard County on MD ag preserve farmland. The two week period given to Oak Ridge to cease current industrial mulching operations elapsed on Sept 30 with no voluntary shutdown (DPZ letter dated Sept 15). As most are aware, the CB20 Bill now in effect does not allow industrial mulch manufacturing/NWWR facilities to operate on MD or Howard County ag preserve farmland. County Executive Ken Ulman took the necessary and appropriate action to instruct DPZ to request that the case against Oak Ridge Farm be brought before the Hearing Examiner for enforcement shutdown. Given the Hearing Examiner reports to the County Council, the Council made the request and the hearing will occur on Nov 25 at 9:30am back in the Banneker Room in the George Howard Building/Ellicott City. The hearing is between DPZ and Oak Ridge Farm but is open for others interested in observing what unfolds to attend in person. We are expecting another large turnout given that this issue is important to our ongoing opposition movement. More details to follow after the elections.
2) We continue to make little progress with what are now weekly Mulch Task Force meetings. We remain outnumbered but very vocal to protect what we accomplished together with the June 2 vote that resulted in passage of CB20 unanimously by our County Council. Anything under discussion that attempts to revisit permitting industrial NWWR facilities to operate on any ag preserve farmland in Howard County is unacceptable. It is not open for negotiation. Period. What we do hope to accomplish in the last three task force meetings leading up to our report to the County Council due Nov 15 is recommendations that give the farming community appropriate language that allows mulch/composting but only on a smaller scale and only that supports true farming operations on the farm/by the farm/for the farm. We also believe, assuming Howard County has an interest for expanding NWWR within the county (we don’t believe this is necessary or justified), that a recommendation is set forth that calls for leadership to take up this initiative with plans to address this within industrial M1/M2 zoned land set aside for this very purpose.
Finally, we remain committed to serving the interests of all of our supporters that continue to strongly oppose NWWR facilities on any ag preserve farmland in our rural communities. Please make sure to cast your vote on election day! More to follow soon. Thanks for your continued support, as always.
Best,
John Tegeris, PhD
President, DRPS
10.4.14
DRPS Supporters,
My sincere apologies that it has been so long since our last letter keeping you posted on the situation regarding our strong and united opposition to industrial mulch manufacturing on ag preserve farmland throughout Howard County. It has been a summer of mixed results, both good and concerning for our movement.
Let’s start with the highlights. The Council Bill 20 (CB20) approved on June 2, 2014 with the unanimous vote by our County Council, and signed into action by County Executive Ulman, went into effect on August 4, 2014. Again, this would not have been possible without the community’s support and contributions, and our County Council’s bold decision to take corrective action. This now translates into no industrial mulch operations being allowed to operate on either Howard County or State of MD ag preserve farmland.
Based on the legislative intent and zoning language of amendments incorporated into the approved CB20 Bill, DRPS and affected neighbors pursued necessary DPZ enforcement action after August 4 to ensure the Woodbine/Oak Ridge industrial mulch manufacturing facility, located on MD ag preserve, ceased operations. The County Executive’s office issued a letter in mid-September instructing DPZ to finally take shutdown enforcement action against the Woodbine/Oak Ridge operation. Per discussion with the County Executive’s office, the basis for the shutdown enforcement action is that “the conditional use process is no longer a viable path forward for industrial mulch manufacturing facilities operating on any ag preserve farmland in Howard County.” The letter gave the Woodbine/Oak Ridge facility a two-week period in which to stop its operations. As of October 1, the Woodbine/Oak Ridge industrial mulch facility appears to have ceased operations. DRPS has requested a copy of the DPZ enforcement letter and is awaiting a response from County officials. If not in hand soon, a formal PIA request will be made to DPZ to obtain the shutdown enforcement letter per our understanding that the case is now closed given that the two week period has elapsed.
Tempering our enthusiasm over that apparent victory, however, we have recently learned that last week, in direct conflict with the DPZ shutdown enforcement letter, MDE granted a Natural Wood Waste Recycling (NWWR) permit to Woodbine/Oak Ridge. Because current Howard County zoning regulations do not allow its operation on MD ag preserve, this facility cannot operate with its MDE permit and we believe there were deficiencies in the permitting process that can be and will be challenged.
In the coming days, through our attorney, we will formally contest MDE’s decision to issue the NWWR permit. As part of the task force, DRPS is working to recommend that a system be put in place to ensure that MDE and Howard County are better aligned on the issues/rules in order to eliminate the inconsistencies clearly in play for the Woodbine/Oak Ridge industrial mulch facility.
As part of the passage of CB 20, a task force was formed to study composting and mulching and recommend measures that would help ensure our local farmers’ needs were being met. DRPS was encouraged by this development and hoped it would be an opportunity to sit down with our local farming community and better understand the issues they face with regard to these zoning laws.
The task force is comprised of 19 panel members, collectively representing the interests of farmers, residents, business owners and other entities within the county. DRPS has a seat on the panel along with Rick Lober, who was specially appointed to the task force by the County Executive’s office. The task force has met on a bi-weekly basis July through August, and as of September, we are meeting every week. The stated purpose of the task force is to put forth recommendations to the County Council to tweak the language of CB20 in order to ensure that true farming operations remain supported. Honestly, we have made little progress. Meetings have been contentious from the start. Several DRPS members and supporters, including local farmers and myself, have attended and debated the opposition at the meetings. Those of us committed to protecting the progress we have made with CB20 are, however, seemingly outnumbered on the task force.
Despite our repeated efforts to craft recommendations to push up to our County Council that support farmer mulching/composting to ensure the sustainability of true farming operations, we have made little progress. Those that oppose us on the task force appear to be working for a complete reversal of what was accomplished with the June 2 vote in order to allow unlimited NWWR on ag preserve farmland. DRPS has been vocal at every meeting, committed to continuing opposition of industrial mulch manufacturing on ag preserve farmland throughout Howard County.
We have fought to ensure our evidence-based position is articulated to the task force. As such, we have pushed for and been given the opportunity to bring in experts to speak to concerns over (1) groundwater contamination, (2) mulch fires, (3) traffic concerns for safety and road integrity (tractor trailer/3-axle dump trucks) and (4) health/medical consequences (slated for Oct 7).
It is abundantly clear that if Howard County wants to allow NWWR facilities within our county, it must create such opportunities intentionally and strategically in M1 industrial zoned areas within the county. If Howard County continues to promote conversion of industrial zoned tracks of land for residential growth, the solution is NOT to locate NWWR facilities on rural farmland but, rather, to process wood waste outside Howard County if it cannot support such growth within the confines of M1 zoned property currently located in our county.
We are hopeful that our persistence, and the facts we have presented, will allow us to make progress during this final month before the task force report is due to the Council on Nov 15. We will also ensure that both a majority report (likely not in our favor) and a minority report (to represent the viewpoint of the communities we represent) are pushed up to the County Council so that both sets of recommendations are under consideration when the Council reviews the respective reports.
We will keep our support base closely apprised of our progress going forward. We urge our followers to choose wisely during the elections, and to vote for those candidates who have clearly supported our efforts to oppose industrial mulch manufacturing on ag preserve farmland throughout every corner of Howard County. We also call on our supporters to be prepared for more challenges that may lie ahead.
While unfortunate that the June 2 vote did not signal an official end to the fight, we remain vigilant and committed to maintaining the protection afforded our rural communities with the passage of CB20, and we hope that the community will again be ready and willing to stand up to oppose efforts to expand industrial operations into our communities. We will not stop working to protect what we have accomplished together over this 6+ month journey. Thank you for trusting us to be good stewards, continuing to protect your interests. More to follow.
Best,
John Tegeris, PhD
President, Dayton Rural Preservation Society
Fellow Supporters,
Heartfelt thanks to each of you for playing the most important role in our recent success with the 4-0 vote to eliminate industrial mulch manufacturing on both Howard County/ALPP and State of MD/MALPF ag preserve farmland throughout our county. This is a huge win for Howard County, especially in our rural communities, to ensure health and safety for all of our residents.
To our support base and our county leadership, heartfelt gratitude from your team at DRPS for all that we have accomplished together in only four months. The result is simply amazing and credit goes to each and every one of you.
Specifically, we owe a big thank you to our five County Council members, our County Executive, and their amazing staff persons, for tirelessly working their way through a complex issue and for their leadership to arrive at a meaningful solution that protects us all.
The high road chosen by every one of you reaffirms our belief that, done the right way working together, we can trust the process and our Council to do what is best for our communities. We simply could not have accomplished what we did without each of you making time to attend all of the important community meetings, County Council hearings and most recently the Council Legislative Session. Thank you for believing in our approach, "One Thousand People as One Voice," to build our case with total professionalism and passion.
Now on to the official good news. We learned late yesterday from Ginnie Gick in Ken Ulman's office, that our County Executive just signed Council Bill CB-20 into law, which will go into effect 60 days from signing. This bill prevents industrial mulching from being placed on farms that are part of the Howard County or State of Maryland Agricultural Preservation Program. We believe this represents the bigger win for our rural communities given that the business incentives most attractive to mulch manufacturing/composting facility owners of low cost farmland (no development rights) and low property taxes that exist primarily in ag preserve are no longer in play. As such, the barriers to entry for these industrial business owners to locate/relocate their industrial mulch/composting operations onto farmland in our county are much higher.
That said, consistent with the zoning regulations that existed prior to Comprehensive Zoning (July 2013), the current bill still allows mulching and composting operations of unlimited size on farms not in ag preserve but, rather, in Rural Residential (RR) and Rural Conservation (RC) zones. To note, however, one of the amendments to the bill just signed into action is the requirement that facilities in RR and RC first obtain a permit from the Maryland Department of the Environment (MDE) before they can take next steps in the process for approval. This would next include a Conditional Use Hearing that is also required to establish mulching or composting operations on RR and RC, which must go before the Hearing Examiner to obtain pre-approval to proceed. Finally, the bill appropriately allows for these type of industrial processes in areas zoned commercial or industrial, in M1 where they belong, and made provisions to allow farmers their rights to true farming processes, something we at DRPS strongly advocate for and will continue to support going forward.
Also on June 2, a resolution was put forth to form a 19 person task force composed of several groups, including DRPS, farmers, county experts and businessmen, to further discuss zoning laws needed to both protect residents and allow farmers the right to processes needed for carrying out normal farming operations. The task force will also make recommendations on where industrial mulch/composting facilities should be placed.
A seat on this task force will allow DRPS to represent our rural communities in the discussions and allow for full transparency to report back to our supporters, in real time, what is under consideration. DRPS believes this task force will be a positive step in creating win:win relationships among residents and farmers.
One effort still in process is the commitment by our County Council to shut down any illegal mulch manufacturing/NWWR facilities that have been cited and are currently still in operation. It is our understanding that our Council is working with our County Executive's office this week to encourage DPZ to take the necessary action right now in order to further protect residents that have been adversely impacted by such operations. We appreciate this follow through on the part of concerned leadership within Howard County, as it is important unfinished business for DRPS and its supporters that must continue until enforcement action is taken to protect the people affected.
Finally, we are pleased to inform our followers that DRPS will continue as a formal organization, going forward through the task force process and beyond. We will continue to work with you, our collective communities together as "One Voice," to better understand both the needs of residents near working farms and the needs of our farmers/neighbors, while pushing hard to keep industrial uses off of farms placed in Agricultural Preserve or very near residences. The zoning laws for Howard County are extremely complex. Rest assured that DRPS will continue to monitor the overall situation within our county to keep our rural communities informed of any changes.
We will press ahead to represent you and your families to the best of our ability and in a highly professional manner, consistent with the spirit of DRPS and how we have operated since our inception. Much appreciation to all for your relentless support and many contributions, both with respect to time, donations, exchanging of ideas and, most of all, your belief that together we could beat overwhelming odds to achieve great results for the welfare of our communities.
Best,
John
President, DRPS
--------------------------------------------------
CB 20 Doesn't Undermine Farmers' Rights:
6/14/2014
Fellow Supporters,
Now that things have slowed down enough for us to catch our collective breath, there are a couple of thoughts to clarify.
DRPS has noticed a number of signs have been placed throughout the community that suggest County Executive Ken Ulman has “turned his back on the farmers”. Some might assume that the signs relate to our “no industrial mulch manufacturing/composting on ag preserve” cause. That is not our understanding.
What County Executive Ulman has supported, both in issuing his statement on April 28, and in his recent signing of Council Bill 20-2014 ("CB-20"), in no way undermines the rights of farmers. What he supported was keeping industrial processes, like the one we oppose, off of our rural farmland. CB-20 protects ag preserve farmland as it was protected before last year’s Comprehensive Zoning changes.
In a nutshell, CB-20 ensures that farmland remains preserved, that farmers’ rights remain intact and that farming and residential communities remain free of health and safety risks from industrial facilities.
At no time has this push to prevent the unintended consequences of Comprehensive Zoning been aimed at denying farmers the right to their livelihood. All along, the goal has been to prevent the mulch manufacturing/composting industry from changing our Howard County farmland setting into an industrial setting. This issue is not political in nature, and did not require anyone to choose political sides in order to resolve it.
Part of the legacy of County Executive Ulman's 8-year leadership is a county that continues to see strong growth while remaining one-third farmland, including 21,000 acres in ag preserve.
We applaud our County Executive and County Council, as well as our amazing supporters who have handled themselves with total professionalism. We look forward to being a part of the task force to ensure the continuing success and sustainability of our farming and residential communities.
With much appreciation,
Best,
John Tegeris
President, Dayton Rural Preservation Society
5.28.14
Fellow Supporters,
Heartfelt thanks to everyone from all reaches of our County that made it out for the May 19 County Council Hearing where we had the opportunity to present our case to oppose industrial mulch manufacturing/composting on rural farmland in Howard County. Your solidarity and show of support as “One Voice” was both remarkable and inspirational. We took great pride in standing by your side to present the facts and our position to an attentive County Council. We also greatly appreciate the professional manner that everyone has shown during this entire process.
We can’t fully convey just how privileged DRPS is to represent all of you in our efforts to keep industrial Natural Woodwaste Recycling (NWWR) off rural farmland throughout Howard County given the many unacceptable and well documented health, safety and environmental risks that now put us in harms way. This situation has materialized thanks to “unintended consequences” resulting from Comprehensive Zoning where all too convenient and seemingly innocuous changes to the definition of farming were slipped in at the 11th hour. That said, we will continue to push forward for amendments to result in the necessary change.
My apologies for taking a few days longer than anticipated to send out this update. It has been a very busy week engaged in smaller meetings and several one-on-one follow up calls with Council Members. We are proactively managing the path forward to get to our outcome, building on the momentum we created together on May 19. There have been a few twists and turns since the latter part of last week that have now settled out to allow us to convey the following information to you:
Sincere thanks for trusting both DRPS and the County Council
to ultimately put forth needed amendments to the current zoning regulations to
keep industrial NWWR off rural farmland in Howard County. Please stay closely
tuned to updates later this week to inform you of whether June 2 is truly the
date the Council will vote on our issue. We will follow up with more fliers
urging our supporters to fill the Banneker Room once again to witness our
Council make historic change, change that you made happen. Bring your pins,
bring your full family and bring your positive energy! Make plans to celebrate
a huge win for our community! Together with our County Council, we will make
this right to protect all of our rural communities in Howard County who will
once again show up as “One Voice” to
call for the needed change. We will leave no stone unturned to make this
happen. Thanks to all!
Best,
John
President, Dayton Rural Preservation Society
5.16.2014
Fellow Supporters,
It is truly amazing to see the level of continued support that has shown just how united we are to oppose industrial mulch manufacturing/composting on our rural farmlands. We are thankful for each and every one of you. Well over 500 people showed for our Apr 28 community meeting. We are grateful that so many supporters made time to attend. It is clear to anyone following this issue that we are united and gaining momentum. Your voice, our voice, is being heard. Your presence alone is testament to that fact.
And here’s how we know: A statement issued on Apr 28 by County Executive Ken Ulman supporting the current bill introduced by Greg Fox and co-sponsored by Councilmembers Watson and Sigaty, AND promising to take it a step further and make amendments that apply the one acre cap in RC as well as in ag preserve. We are on the right track and making progress, together. However, as Councilman Greg Fox stated, we need to keep pushing until the end because anything can change!
WATCH video of Ginnie Gick reading statement from Ken Ulman, Howard County Executive: http://youtu.be/o0h3fkJzs7M
We will send a clear message once again on May 19 at the County Council Hearing as we all stand together to support our case that industrial mulch manufacturing/composting be kept off our farmland, anywhere in rural Howard County. With all of us there together, our Council Members will hear loud and clear that this is what YOU want. We will pack the room and spill out into the lobby area where the hearing will be televised. Rest assured we will hear all of you no matter where you stand in the George Howard Building. Know that we need you. We will be “One Thousand People as One Voice.”
RSVP to May 19th Council Hearing: https://www.facebook.com/events/468712076595488/
To note, DRPS and our supporters will not be the only ones in attendance. The industrial business interests and others that oppose our efforts will also be there in full force. Please make every effort to attend with your family and to arrive early, before the 6:30pm start.
Let’s run through what has essentially transpired in the two weeks since our strong turnout at the Apr 28 community meeting, in continuing our effort to represent communities from all four corners of Howard County:
We remain determined and committed to bring about amendments to the current zoning regs that preserve the well-being of our rural communities, both its people and the environment in which we live. Here is where we continue to stand. We are fully supportive of legitimate farming operations and believe the zoning regs, both old and new, allow a farmer to mulch/compost on the farm if product either originates from, or is to be used on, the farm itself. What we continue to strongly oppose is endless trucking in of natural woodwaste for industrial processing to truck back out for commercial sale. This cannot happen. This is clearly not farming. It is industry, pure and simple. These types of industrial facilities pose unacceptable and evidence-based health, safety and environmental risks that the families in our communities we represent are NOT willing to allow.
Please join us on May 19 to show your support for our cause as we present your case before our County Council. To finish strong, please also circle your calendars to return to the George Howard Building on June 2 to witness what we believe will be historic change as our County Council votes on our issue and what is best for the families of rural Howard County and the environment in which we live.
Together as “One Thousand People as One Voice” we will make this happen. Thank you all for your support!
Best,
John
President, Dayton Rural Preservation Society
5.1.2014
Fellow Supporters,
Heartfelt gratitude from your DRPS team to all of our passionate supporters for making time to attend what was a very special and productive community meeting on Mon night. Without "One Thousand People as One Voice," we could not have arrived at this point in only two short months. We are building momentum, and there is still more to accomplish together.
Our sincere gratitude to County Executive, Ken Ulman, for his focused attention and swift response to the issue of preventing industrial mulching on rural farmland. We were very pleased with Ken’s decision to endorse the bill limiting industrial mulching to one acre on ag preserve farmland, and to also apply the same limitation to RC farmland. We appreciate the leadership he has demonstrated to tackle this issue head on.
Please check out the article by Amanda Yeager per the weblink below published this week in the Baltimore Sun, entitled “Ulman weighs in on mulching issue,” to get a good recap of what transpired at our community meeting:
http://www.baltimoresun.com/news/maryland/howard/lisbon-fulton/ph-ulman-mulching,0,2833570 .story
Our sincere thanks also to Councilmember Greg Fox for the bill he introduced, and to Councilmembers Watson and Sigaty for co-sponsoring his bill, all of whom were in attendance Mon night. With all of us working together, DRPS is confident that needed changes will be made to the zoning regulations in order to protect our rural communities. That said, in light of the potential health, safety and environmental consequences that can result from a mulching operation even one acre in size, we will continue to push to disallow any type of industrial mulching on anything but areas zoned industrial. DRPS is working to affect changes to the current zoning regulations that will prevent this. We hope the County will work with Industry to find the appropriate areas versus putting these facilities within 500 feet of our homes.
To be clear, DRPS supports a farmer's right to tend to his own land, including to mulch what exists on the farmland in order to increase the cropland footprint. We see nothing in any of the proposed bills that would prevent a farmer from mulching his own property, or a homeowner from creating composting areas for personal use.
We look forward to taking next steps when the County Council holds its public hearing on May 19 at the George Howard Building (3430 Court House Road, Banneker Room, Ellicott City), which we just learned will begin at 6:30pm instead of the 7pm start time previously noted. At this hearing, DRPS will present evidence-based testimony to support its opposition to allowing industrial mulch manufacturing/composting facilities onto our rural farmland. On behalf of the rural communities we represent throughout Howard County, we strongly oppose this and do not recognize it as a true farming activity.
And here is the call to action: Attend the Public Hearing with our County Council on May 19 beginning at 6:30pm. All of our combined efforts to date have led us to this hearing. You matter. Your presence at this hearing makes a difference, so please make plans to show up early. We will be handing out "No InDUSTry" pins for everyone to wear. Let the County Council see the power of a community standing together committed to one cause. Bring children (with signs; 'Keep Us Safe!,' 'Protect Our Kids!,' No Big Trucks!'), bring grandparents and bring your neighbors and friends.
Be prepared for one standing ovation after another as we stand proudly together as one community. This will be a memorable and special evening if we join as one to pack the courtroom, to be a part of something bigger than any one individual. Many thanks for your commitment to the cause and special thanks to the donors who have contributed so generously. See you May 19th!
Best,
John
“A Thousand People, One Voice”
Your Weekly Update from the President
04-18-14
Hello again to everyone in the Dayton Rural Preservation
Society network! The big event for this past week was the Planning Board
meeting held this past Thursday at the Ellicott City Courthouse. A HUGE thank
you to the 300+ people who showed up that night. There were kids, signs,
banners and continual standing ovations as supporters made their arguments. In
fact, there were so many of us that the hearing had to be moved to a larger
courtroom.
An excellent start to these next few weeks of meetings that we are
again asking EVERYONE AND THEIR NEIGHBOR
to attend (more on that below). At the hearing, we were able to present our case to the
board, asking that industrial mulching not be allowed on Ag Preserve farmland.
After much debate amongst the members of the Planning Board, which we were all
able to listen to, they unfortunately came back with a recommendation for less
than 10% with additional measures to be added to address traffic, fire safety,
water quality and health risks. (This is a recommendation only, the final
decision on the zoning laws will be made by the County Council).
While this was not the outright victory we were working hard to achieve, it was obvious that the arguments put forth by all who presented, as well as the message delivered by the presence of hundreds of Preserve Dayton supporters, did cause the Planning Board to give our zoning petition more serious consideration than they might otherwise have done. It is clear that Greg Fox is also working to achieve much lower limits than now specified in the current zoning regs, and we will to continue to work closely with him in the near future. This article by Amanda Yeager of the Baltimore Sun is a good summary of the evening - Planning Board Makes Tweaks to Mulching Regulations.
We are making progress and are gaining momentum. Our
collective voice is being heard. The next step is to again BE LOUD WITH OUR PRESENCE!
We need 500+ people at the Community Meeting on Monday April 28, 7-9pm in the Ten Oaks Ballroom, 5000 Signal Lane, Clarksville (next to the Clarksville Fire Dept at the Route 32 and 108 junction). Like it or not, this issue is a political one. All of our local politicians during this election year absolutely need to witness the overwhelming opposition for allowing industrial mulch/composting facilities onto our Ag Preserve farmland. Greg Fox and Allan Kittleman will both be at this meeting and plan to address the audience. We will give a detailed update of our work and our progress, outlining next steps, and answering questions.
And…we need 1,000+ at the County
Council Hearing on Monday May 19, 7-9pm in the George Howard Building, 3430
Court House Road, Ellicott City. This is when the DPZ will present
its zoning recommendations to the County Council in preparation for the June 2nd
vote by our council on the zoning amendment petitions. We will again present the facts
of our case and the hazards that come with industry operating on Ag Preserve
land, AND our message will be made immensely stronger with 1,000+ supporters standing behind it.
WHAT IS OUR GOAL? If the County Council decides to vote in favor of amendments to the current zoning regulations to impose significant restrictions for mulch/composting on Ag Preserve farmland, we will succeed in keeping big industrial mulch/composting facilities from operating on rural Ag Preserve farmland anywhere in Howard County. That is what we’re working for in order to protect you and your family. That is our ultimate and long-term win.
Finally, we need to all show up for the County Council Vote on Monday June 2, 7-9pm in the George Howard Building, 3430 Court House Road, Ellicott City. Here the County Council will register its vote on amendments to the current zoning regulations.
Best,
John Tegeris, PhD
President
Dayton Rural Preservation Society
“1,000 People as One Voice”…Keep Spreading the Word!
Thanks to All.
04-13-14
Welcome to the first weekly edition of our “Letter from the President”; a long one to set the stage. A big hello to our many valued supporters! Thank you for following us with interest. The Dayton Rural Preservation Society (DRPS) has been working diligently since our last community meeting to prevent industrial mulch/composting operations from entering Ag preserve farmland in Howard County.
To be clear, we respect our farmers and support their true farming operations. What we are fighting to prevent is NOT farming but an industrial process that poses serious health and safety risks to our collective community. To accomplish this, we must convince our County Council to “Roll Back the Regs” to prior terms before the late night, 11th hour changes were made during the 2013 Comprehensive Zoning Amendment process that has led us to this unfortunate situation.
This obviously affects us all and we
absolutely need each and every person in the community to play a role. Do NOT
underestimate the importance of YOU as part of our unified opposition movement.
What those that threaten us are counting on is that you either don’t care, are
too busy or are too overwhelmed to know what to do next. Together, we can march
through each step of our plan to keep industry out of our community.
Summary of Upcoming Events: Everyone Please Wear a Black Shirt to Demonstrate our
Solidarity
There are 3 events in the coming weeks: April 17, April 28 and May 19. These
events (April 17, April 28 and May 19) require an enormous turnout to show our
five Howard County Council members and other local politicians that, whether
intentionally or not, they got it wrong. It is our best shot at winning. We are
relying on every one of you to reserve the dates of April 17, April 28 and May
19 and to do everything in your power to attend: you, everyone in your family
and all of your neighbors. Spread the word!
(www.PreserveDayton.com has the most updated event information)
April 17 (Public Hearing – Planning Board - 3430
Courthouse Drive in Ellicott City from 7 to 10:30PM)
DRPS will present its case on our zoning regulation amendment (ZRA 148) to the
Planning Board within the Department of Planning and Zoning (DPZ) (different
group than the County Council) in an attempt to convince the board to consider
our zoning petition language even though Marsha McLaughlin (Director of DPZ) has influenced the
board to accept what she indicated to us on April 3rd would be a 10% limit on
industrial mulch/composting facilities on Ag preserve farmland. This translates
into a Bob Orndorff/JBRK, LLC/RLO Contractors win since 10% of the 150 acre
farm in Ag preserve he just purchased essentially gives him the 16 acre
industrial facility he seeks through the conditional use hearing process.
The same applies in Woodbine with Bonner, who is seeking conditional use for a similar industrial facility of roughly 8 acres on a farm of ~100 acres in total. See an ominous trend starting to form all over the county? Thankfully, Sykesville was spared… at least for the moment. There are unseen forces working against us, and likely Bob Orndorff/JBRK,LLC/RLO Contractors, Sang Oh (Orndorff’s attorney), Marsha McLaughlin and possibly Ken Ulman are behind it all. We need to “Roll Back the Regs” and the time to do so is upon us.
NOTE: We want to manage expectations for those planning also to attend the Apr 17th DPZ hearing as a show of support for our DRPS movement and opposition to the current zoning regs. While we welcome and appreciate your support there, the hearing will be held in a small room (~50 max capacity) and our number may be up later in the evening, or possibly even pushed to the agenda for the next hearing on May 1st. As such, you may feel a bit removed from the events there but it will still be good for Marsha and her Planning Board to feel our presence, as we ramp up our efforts to oppose the current zoning regs.
April 28 (Community Meeting – Ten Oaks Ballroom, 5000 Signal
Bell Lane in Clarksville, (Rt 108/32) from 7 to 9PM)
We need everyone at our next community-wide meeting. At this meeting, we will
update you on the progress we have made since we last met on February 20th, the
obstacles we have faced, the challenges that lie ahead, and our planned next
steps. Councilman Greg Fox and Senator Allan Kittleman will be in attendance
and both plan to address the audience. We need Dayton, Ellicott City, Sykesville,
Woodbine and Clarksville as well as any other cities/townships and their
supporters to urge the residents of their respective communities to commit to
attending. We had nearly 300 people at the February 20th meeting and 150 people
at the Sykesville meeting. We need twice
the crowd at this meeting to send a strong signal that we are gaining momentum
across Howard County. This is a must!
May 19 (County Council Meeting - 3430 Courthouse Drive in
Ellicott City from 7-10PM)
This is the date DRPS was given for the County Council meeting to hear zoning
amendment petitions. The DPZ will present its recommendation and we will present
our recommendations to the 5 member County Council Board. The Council will be
voting likely in early June on the
fate of the zoning amendment petitions we, together with Greg Fox (ZRA 149),
submitted. Another important date to mark on your calendars but please
understand that the dates could change.
This might possibly be May 12th. Continue to check our web site often!
Why is it important that EVERYONE attend the County Council
meeting scheduled for now on May 19?
It is imperative that our elected officials understand that this issue is
important to the voters. We are calling for the zoning regs to be essentially restored to
what existed prior to the most recent zoning changes. The County Council
members have to see that our voice and our vote counts, and that we expect them
to be stewards of the people who elected them into office. They have to see all
of you to be reminded just how important it is to this community that the zoning
regulations that protected our agricultural land be restored. Otherwise, as
currently written, industrial businesses can use Ag preserve farmland to
conduct business more cost effectively with lower taxes to pay!
The DPZ will be proposing a 10% allowance for industrial processes. This means that throughout Howard County there is the potential for hundreds of acres to be devoted to industrial use. Our County Council members need to see that this is NOT in line with preserving the agricultural land. The way to get through to them is in sheer numbers. We need to show up on May 19th en masse - a minimum of 1,000 people dressed in black shirts and wearing the “No Industrial Mulch” buttons we will be handing out.
The outcome we now face is unacceptable. We are working extremely hard and at a furious pace, sacrificing time away from our own families to ensure we can protect yours. Only by being “A Thousand People with One Voice” can we even begin to push for these needed changes. Let your voice be heard. We are making steady progress but you are the key to our success. Sincere thanks to all of you.
Best,
John Tegeris, PhD
President
Dayton Rural Preservation Society
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