Amy Presley
President
Clarksburg Town Center Advisory Committee
PO Box 934
Clarksburg, MD 20871

March 20, 2007

Council President Marilyn Praisner and
County Councilmembers
Montgomery County Council
100 Maryland Avenue
Rockville, MD 20850

Dear Council President and Councilmembers:

With this letter, the Clarksburg Town Center Advisory Committee, Inc. (CTCAC) is transmitting a copy of its report entitled, “Clarksburg Development Districts – The Illegitimate Transfer of Private Financial Obligations to the Public.” 

As you are aware, last year County Executive Doug Duncan initiated a Development District Advisory Committee to review and report on Development Districts in Clarksburg.  CTCAC has long been interested in the subject of Development Districts and decided that it was necessary to conduct its own review and analysis in order to present to the Council and Executive its assessment and conclusions regarding the current state of Development Districts in Clarksburg. 

The enclosed report represents a significant body of research and analysis by CTCAC, including in excess of 275 hours of legal review by the law firm of Knopf & Brown,   The report comprehensively assesses relevant events from 1991, prior to enactment of Development District enabling legislation, through the present day.  

As detailed in the report, the overall conclusion reached by CTCAC is that, if the Council proceeds to pass a second resolution for Clarksburg Skylark or Clarksburg Village districts, or passes the third resolution for issuance of bonds for Clarksburg Town Center development district, the Council will be taking illegal actions.  Specifically, these actions would be

• inconsistent with the Planning Board’s subdivision approvals under Chapters 50 & 59 of the County Code
• in conflict with the Board’s exclusive jurisdiction over subdivisions under the Regional District Act, and
• inconsistent with both the State and County Development District enabling legislation (Mont. County Code Chs. 20A & 14)

County Council
Page Two
March 20, 2007

The report concludes that moving forward with Clarksburg Development Districts would unlawfully transfer from developers to the public more than $60 Million in private infrastructure improvement obligations.  To remedy this situation, the following action must be taken without delay:

• Dissolution of current resolutions for Clarksburg Development Districts;
• Thorough, independent investigation and fact-finding to verify and publicly report on the failure of Development District implementation;
• Commitment by the County to ensuring enforcement of existing infrastructure improvement obligations as previously approved by the Planning Board; and
• Full review and amendment to, if not repeal of, Chapter 14.

                                   
I hope that this letter, along with our more detailed report will assist you in validating and acting on the concerns raised by CTCAC.    

Sincerely,

Amy Presley
President, CTCAC

cc:  Michael Faden,
       Senior Legislative Attorney