Workforce Housing Denied
4-1 Vote, Only Guy Votes In Favor
Sean Kingston, Acting Executive Director of the St. Mary’s County Housing Authority (HA), presented a proposal to the County Commissioners on January 28th for at least 120 workforce housing units on county-owned land off FDR Boulevard in California. Following a contentious discussion, the Commissioners voted 4-1 to deny the project, with only Commissioner President Guy in support.
The HA, in collaboration with the County Attorney’s office, had drafted a lease agreement allowing the authority to lease 18 acres—known as “Pod 3” of the First Colony development—from the county for $1 per year for 100 years. The lease was contingent on the HA securing Low-Income Housing Tax Credits (LIHTC) from the Maryland Department of Housing and Community Development. These tax credits would be sold to investors to finance the project. While ownership could be distributed among multiple investors, the HA would retain responsibility for property management. The development firm Volker was set to oversee the project’s construction.
Commissioner Hewitt questioned whether such a lease agreement was standard practice. Kingston explained that, in many cases, land is donated for HA projects, citing a recent example in Calvert County where the HA owns the land and leases it to the financing partnership.
Hewitt voiced concerns from constituents about potentially "degrading a neighborhood that’s doing very well," recalling affordable housing projects built in the 1990s that later struggled with crime and social mobility issues. "I don’t want to recreate that," he said.
From the Housing Authority’s presentation.
Other commissioners also sought clarification on the project’s intended income levels. Commissioner Ostrow cited federal requirements mandating that 20% of the units be reserved for the homeless. Kingston explained that the development would serve individuals earning between approximately $27,000 and $100,000 annually, with some units designated for housing voucher recipients. However, he distinguished this LIHTC-funded housing from traditional public housing under the U.S. Department of Housing and Urban Development (HUD), stating, "I don’t believe in public housing." He emphasized that these would be market-rate units, not reliant on HUD funding, which he noted is deeply in debt.
From the Housing Authority’s presentation.
Matthew Padron, Managing Director of Development for Volker, assured the Commissioners that the project would enforce strict tenant standards, including background checks, credit checks, and income verification. The units, designed as two- and three-bedroom apartments, would cater to families rather than single tenants.
Commissioner Colvin challenged the decision to use an out-of-state developer rather than local builders. Kingston responded that he had prior experience working with Volker on a Calvert County project that ultimately did not move forward. Kingston also serves as the Executive Director of the Calvert HA.
Since November 2023, the HA’s waiting list for housing assistance has been closed, with over 3,000 families still on the list. Concerns about the HA’s ability to manage new properties arose during the discussion. Commissioner Ostrow noted that the HA is “in an extreme state of flux… and, quite frankly, can’t run itself.” Kingston acknowledged the HA’s struggles, stating he had urged the HA’s Board of Commissioners to take greater accountability and personally led them on a tour of their existing properties. He also pointed out that the County Commissioners are responsible for appointing HA Board members.
Ultimately, Commissioners Ostrow, Hewitt, Colvin, and Alderson voted against the proposal. “It’s not the role of local government to provide land for affordable housing,” Colvin remarked before casting his vote. Hewitt argued that affordable housing projects often fail to promote homeownership and cited concerns over the requirement to allocate units for homeless individuals.
Historical Context
The proposed development site is part of a larger tract of land the county was forced to purchase in 2011 following a lawsuit with developer Marcas LLC. The legal dispute stemmed from contamination at the nearby St. Andrews Landfill, which caused environmental concerns and derailed Marcas’s plans for residential construction.
Court documents revealed that county water testing as early as 1994 detected hazardous substances, including tetrachloroethene and vinyl chloride—known carcinogens—exceeding safe limits. By 1999, the Maryland Department of the Environment (MDE) had directed the county to remediate the issue. In 2010, methane gas emissions from the landfill exceeded the lower explosive limit, further complicating the site’s viability.
From the Marcas LLC v. Commissioner’s of St. Mary’s County settlement agreement; pink areas were purchased by the county.
St. Andrews Landfill consists of four sanitary waste disposal cells and one rubble disposal cell. The county ceased using the sanitary waste cells in 1999. To manage ongoing methane emissions, nine landfill gas probes were installed in 2001 to vent or burn off escaping gas. However, sampling in 2010 showed that methane levels continued to exceed safety thresholds.
After being found guilty of trespass due to contamination spreading onto Marcas’s property, the county attempted to seize the land through eminent domain in 2012. This led to further legal battles, culminating in a 2016 settlement in which the county agreed to purchase approximately 80 acres for $7 million.
Today, portions of this land are county-owned, with some areas developed, including the St. Mary’s County Animal Shelter. The failed housing project adds another chapter to the site’s complex history, leaving the future of the land—and potential workforce housing—uncertain.
Read Settlement Agreement: https://go.boarddocs.com/md/stmarysco/Board.nsf/goto?open&id=ABSHKF48545E
Read District Court Opinion: https://casetext.com/case/marcas-v-board-of-county-commissioners-of-st-marys-co/
