More News

Frederick County commissioners will appeal in Circuit Court a decision by the county's Planning Commission that has delayed the process of permitting and designing the incinerator.

County Attorney John Mathias will file the appeal Friday in Frederick County Circuit Court, but he also told commissioners Tuesday that he hopes the Planning Commission will reconsider its decision over the next 60 days to avoid a legal showdown.

"Hopefully, we end up doing nothing with the court appeal, he said. "It's simply a matter of filing a piece of paper and saying ‘we appeal their decision.' We have 60 days before anything needs to be done in the lawsuit. We have some time to try and work it out."

Mathias presented commissioners on Tuesday with several options, including legal action that they can take to try to overrule the Planning Commission's decision.

On Oct. 14, the Frederick County Planning Commission undertook a routine review of proposed changes to the county's Solid Waste Management Plan.

But in a surprise move, commission members ruled that the proposed changes — including the county's new recycling efforts and incinerator construction plans — were not consistent with the Solid Waste Management Plan or the county's comprehensive plan.

The comprehensive plan, which commissioners are updating, serves as a blueprint for growth, and provides information on development, land use, transportation patterns and water resources.

The Planning Commission ruled that the view of the incinerator's smokestack and the incinerator's proximity to the Monocacy National Battlefield are not consistent with the comprehensive plan, which calls for the preservation of historic sites, such as the battlefield, and the protection of the Monocacy River.

The incinerator — or what some people call a "waste-to-energy facility" because it burns trash to produce electricity — will be built at the McKinney Industrial Center off Md. Route 85, south of the City of Frederick near the county's wastewater treatment plant.

Since the incinerator is also inconsistent with the Solid Waste Management Plan, which outlines how the county will dispose of its trash, the Maryland Department of the Environment will not approve permits to build it.

Knowing the deadline to file an appeal is Friday, one month from when the Planning Commission issued its ruling, Commissioner John "Lennie" Thompson Jr. (R), in a last-minute move added the issue to the agenda on Nov. 5.

Commissioners David P. Gray (R), Kai J. Hagen (D) and Thompson were the only members at the meeting to vote on the issue.

Gary and Thompson voted in favor of filing an appeal. Hagen, the lone commissioner against the incinerator, voted in opposition.

Commissioners had to revisit the vote on Tuesday at the request of Commissioners President Jan H. Gardner (D), who was absent from the Nov. 5 meeting along with Commissioner Charles A. Jenkins (R).

Jenkins was absent because of medical reasons, and Gardner was at meeting of the Maryland Association of Counties in Annapolis.

Gardner said in an interview after the Nov. 5 meeting that she thought any move to take legal action should be a decision by the entire board.

On Tuesday, with all five members present, the commissioners voted 4-1 to file an appeal. Hagen again was the lone vote against legal action.

Hagen also serves as the commissioner liaison to the Planning Commission. In his capacity as liaison, Hagen voted with the Planning Commission that ruled the solid waste changes were not consistent with the comprehensive plan.

This move upset Thompson, who questioned Hagen on his objectivity.

Hagen refused to get into the discussion.

Meanwhile, commissioners will also ask the Planning Commission to take another vote on the issue, this time with a full board in attendance. The vote on Oct. 14 was 3-2, with two of the members abstaining.

The board will also ask the Maryland Department of the Environment to intervene on the commissioner's behalf.

E-mail Sherry Greenfield at sgreenfield@gazette.net.