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July 7, 2011
7:00 p.m.
City Hall


I. Mayor McClement presided. Present were Alderwomen Karen Young, Shelley Aloi, Carol Krimm, and Kelly Russell and Alderman Michael O’Connor. Also present were City Attorney Saundra Nickols and Marsha Bowers Legislative Clerk.

II. Mayor McClement led the Pledge of Allegiance.

III. The Invocation was given by Pastor D.L. Edwards of the Progressive Church, along with the performance of a vocal selection by him and his family.

IV. The Mayor announced that bills paid June 1, 2011 through June 17, 2011 totaled $10,578,299.36. Total bills paid since July 1, 2010 were $94,074,902.32.

V. The minutes from the June 2, 2011 Mayor and Board public meeting were previously distributed. On a motion made by Alderwoman Krimm and seconded by Alderman O’Connor the Board approved 5-0 the June 2, 2011 public meeting minutes.

VI. The Mayor announced that a Closed Session had been held on June 16, 2011 and read into the record a summary of that session, which is attached hereto and made a part of these minutes, as required under Section 10-509 of the State Government Article of the Annotated Code of Maryland.

VII. There were no Mayor’s comments.

VIII. During aldermanic business/comments Alderwoman Krimm requested that the Board revisit the proposal of moving the citizen comment portion of the meeting to the beginning of the agenda. Alderwoman Aloi shared her thoughts on the Fraternal Order of Police Contract. Alderwoman Young commented on the recent press event held by U.S. Senator Barbara Mikulski that she attended regarding three grants that were awarded to the Way Station, specifically to provide help to veterans.

IX. On a motion made by Alderwoman Russell and seconded by Alderwoman Young the Board unanimously approved 5-0 consent agenda items A.1 - A.4, Agreements between City and Developers. The approved items are:

A.1. Release of Developers Surety Bond #688090S in the amount of $22,630.43 posted by Hood College as guarantee of completion of improvements to Ferndale & Rosemont, further described in PWA dated 06/10/09. Coverage for completion of this work is now included in new PWA/Surety dated 05/24/11 for Hood College, Phase 2 improvements.

A.2. Release of United States Surety Bond #23930 in the amount of $86,779 posted by ACE, LLC, as guarantee of afforestation improvements to Ballenger Creek Center, Phase 2, further described in a Forest Conservation Agreement dated 10/07/09.

A.3. Release of Bond Safeguard Insurance Bond #5038162 in the amount of $8,391.26 posted by Clover Ridge, LLC, as guarantee of completion of SEC measures to the Clover Ridge Community Pool/Bath House, further described in PWA dated 08/24/10.

A.4. Release of BB&T LOC #95505-3 in the amount of $86,628.98 posted by Central MD International Trucks, as guarantee of completion of improvements to Riverside Corporate Park, Lots 104 & 105, further described in PWA dated 04/18/08.

On a motion made by Alderman O’Connor and seconded by Alderwoman Russell the Board unanimously approved 5-0 consent agenda items B.1, B.3, B.4., and B.5 a and b, Acceptance of Grants. The approved items are:

B.1. Acceptance of Projects for Assistance in Transition from Homelessness (PATH) Grant from the Mental Health Management Agency of Frederick County.

B.3. A Grant for $75,000 from the Maryland Department of General Services, DGS Item G057, Chapter 396 of the Acts of 2011 to the Weinberg Center for the Arts.

B.4. A Grant for $75,000 from the Maryland Department of General Services, DGS Item G125, Chapter 396 of the Acts of 2011 to the Weinberg Center for the Arts.

B.5. Collaborative Supervision and Focused Enforcement Initiative-Violence Prevention Initiative Grant from the Governor’s Office of Crime Control and Prevention in the amount of $139,301: a. acceptance of grant; b. Inter-local agreement with Frederick County.

The Mayor stated that Mike Spurrier, Director of the Frederick Community Action Agency, requested that consent agenda item B.2. be pulled because the State of Maryland requested that the Grant be renewed, not amended as was previously requested. On a motion made by Alderwoman Young and seconded by Alderwoman Aloi the Board approved 4-0-1, with Alderwoman Krimm abstaining, the approval of consent agenda item B.2. The approved item is:

B.2. Renewal of the Maryland Housing Counseling Fund Grant Agreement.

On a motion made by Alderwoman Russell and seconded by Alderwoman Young the Board unanimously approved 5-0 consent agenda item C.1. Committee/Commission Recommendations. The approved item is:

C.1. A recommendation by the Recreation & Parks Commission to waive rental fees for 1 By Youth at Harry Grove Stadium on October 7 & 8, 2011.

Consent agenda item C.2. was pulled by Alderwoman Aloi and voted on separately. On a motion made by Alderman O’Connor and seconded by Alderwoman Aloi the Board unanimously approved 5-0 consent agenda item C.2. Public comment was received. The approved item is:

C.2. A recommendation by the Recreation & Parks Commission to waive 50% of the rental fees for Frederick Memorial Hospital for the Max Kehne Park parking lot for FY12.

X.1. On a motion made by Alderwoman Aloi and seconded by Alderwoman Russell the Board unanimously approved 5-0 for the Public Art Commission to solicit proposals for a public art project to be located on the East Street Circle. There were no public comments.

X.2. The Board considered a Special Ordinance to amend the budget for FY 2012 to include revenue and associated expenditures in the amount of $100,000 received from the Maryland Department of Housing and Community Development Community Legacy Grant #92401. On a motion made by Alderwoman Aloi and seconded by Alderwoman Krimm the Board unanimously approved 5-0 Special Ordinance S-11-10 with the following changes: fourth WHEREAS clause, third line, donation expenditures of $68,900 and capital expenditures of $31,100; and Section I, last line, donation expenditures of $68,900 and capital expenditures of $31,100. There were no public comments.

X.3. On a motion made by Alderwoman Russell and seconded by Alderman O’Connor the Board unanimously approved 5-0 the issuance of a purchase order in the amount of $60,534 to HADCO for street lighting along Patrick Street in conjunction with the Community Legacy Grant. There were no public comments.

X.4. On a motion made by Alderwoman Krimm and seconded by Alderwoman Aloi the Board unanimously approved 5-0 Special Ordinance S-11-11 to amend the budget for FY 2012 to include revenue and associated expenditures in the amount of $150,000 from the US Department of the Interior, NPS Preserve America Grant #24-07-AP-3064. There were no public comments.

X.5. On a motion made by Alderwoman Krimm and seconded by Alderman O’Connor the Board unanimously approved 5-0 Resolution 11-16 in support of a $30,000 Technical Assistance Grant application to the Maryland Department of Housing and Community Development for an update to the Downtown Hotel and Conference Center Feasibility Study by the Maryland Stadium Authority. There were no public comments.

X.6. On a motion made by Alderwoman Young and seconded by Alderwoman Aloi the Board unanimously approved 5-0 an agreement with the Maryland Department of Natural Resources for Forest Management Services. There were no public comments.

X.7. On a motion made by Alderwoman Russell and seconded by Alderman O’Connor the Board unanimously approved 4-1, with Alderwoman Aloi against, an award of a bid and issuance of a purchase order to Delta Chemical Corp. for the purchase of water supply treatment chemicals in the amount of $222,198.00 (Bid # FY12-B). There were no public comments.

X.8. On a motion made by Alderwoman Aloi and seconded by Alderwoman Young the Board unanimously approved 5-0 an award of a bid and issuance of a purchase order to Shannon Chemical for the purchase of zinc orthophosphate in the amount of $41,665.50 (Bid # FY12-C). There were no public comments.

X.9. On a motion made by Alderwoman Russell and seconded by Alderwoman Aloi the Board unanimously approved 5-0 a Radio Service Agreement with Motorola Solutions, Inc. at a cost of $16,253.52 for the Police Department and $30,143.40 for the Department of Public Works, for a total of $46,396.92, for service July 1, 2011 to June 30, 2012. There were no public comments.

X.10. On a motion made by Alderwoman Russell and seconded by Alderwoman Krimm the Board unanimously approved 5-0 a Rights-Of-Way Use Agreement with nTelos and FiberNet, LLC for installation of fiber-optic system. There were no public comments.

X.11. The Board considered an Ordinance concerning the extension of development approvals. On a motion made by Alderwoman Aloi and seconded by Alderwoman Young the Board unanimously approved 5-0 Ordinance G-11-15 with the following changes: Section I(a)(2)(G) commercial building permit; (b) add date, July 7, 2011; Section II add date, July 7, 2011; and Section IV add date, July 7, 2011. Public comment was received.

X.12. On a motion made by Alderwoman Young and seconded by Alderman O’Connor the Board unanimously approved 5-0 Special Ordinance S-11-12 to amend the FY12 budget to account for the proceeds from an insurance claim. There were no public comments.

XI. On a motion made by Alderwoman Russell and seconded by Alderwoman Krimm the Board unanimously approved 5-0 the appointment of Heather Price Smith to the Zoning Board of Appeals to fill the unexpired term of Dario Cavazos with a term of July 7, 2011 to June 3, 2012.

XII. During Aldermanic business/comments Alderwoman Young suggested that the Board consider utilizing the Committee Reports and Director Reports portions of the public meeting agenda constructively to communicate and inform the public. Alderwoman Krimm stated that the Frederick County Chamber of Commerce Major Employers Group met earlier in the day and presented a Needs Assessment Report that shows a need for a higher education center in the Frederick area. Alderwoman Aloi expressed her appreciation for the abundance of public participation in the process and giving of themselves for the good of the community. Alderwoman Russell offered her support and appreciation to Frederick City Police Officer Keith Donovan, who was recently injured in a traffic accident while on duty.

XIII. During Mayor’s comments Mayor McClement extended his best wishes to Colonel Judith Robinson, outgoing Commander U.S. Army Garrison, Fort Detrick, and offered his appreciation for her steadfast support of the City. He then shared his excitement on the impending birth of his first grandchild.

XIV. There were no committee reports.

XV. There were no director reports.

XVI. General public comments were received.

There being no further official business, the meeting was adjourned at 10:36 p.m.

Submitted in action format,

Marsha A. Bowers
Legislative Clerk