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May 19, 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 Minister Ivy Coleman, The Message Ministry International, Inc.

Mayor McClement welcomed members of Boy Scout Troops 371, 886, and 792 to the meeting.

On behalf of the Mayor, Alderwoman Russell presented a proclamation for Vasculitis Awareness Month to Heather Price Smith. Mayor McClement presented a proclamation for National Police Week/Peace Officers Memorial Day to Police Chief Dine, and a proclamation for the Frederick County Convoy of Hope to Pastor Matt Thompson and others. The Mayor along with Peggy Dufour, President of Celebrate Frederick, presented certificates of appreciation to Celebrate Frederick volunteers, Diana Halleman and Barbara Maghan, as well as, Jessica Smith who was not in attendance.

IV. The Mayor announced that bills paid April 19, 2011 through May 3, 2011 totaled $2,416,208.05. Total bills paid since July 1, 2010 were $79,683,906.89.

V. The minutes from the April 21, 2011 Mayor and Board public meeting were previously distributed. On a motion made by Alderwoman Krimm and seconded by Alderwoman Aloi the Board approved 5-0 the April 21, 2011 public meeting minutes.

VI. There were no Executive Sessions to announce.

VII. During Mayor’s comments Mayor McClement stated that he had attended the kick off of Healthy Frederick Week sponsored by the American Diabetes Association and added that he plans to join with them in support of the importance of good health for City employees, businesses, and residents. The Mayor reported on the status of a grant application from the Maryland Department of Transportation for funding for the second phase of the Carroll Creek Urban Park. Mayor McClement stated that in an effort to address the 2012 budget concerns regarding the funding of police officer positions, the City has submitted a grant application to the U.S. Department of Justice, Office of Community Oriented Policing Services, FY2011 Cops Hiring program. He continued that he has amended the budget to add seven entry level police officers with a caveat that if this grant is not awarded to the City he will not fill the seven positions.

VIII. During aldermanic business/comments the Aldermen individually welcomed and offered thanks to those who were in attendance at the meeting. Alderwoman Aloi stated that people of faith and other organizations are coming together to meet the needs of those less fortunate with “48 hours to meet the need” on June 16 and 17 and encouraged everyone to participate. Alderwoman Russell reminded everyone that May 20th is Bike to Work Day and recognized the sponsors of this event. Alderwoman Krimm congratulated her grandson who was receiving an award that evening for a history paper that he wrote. Alderwoman Young, in conjunction with Memorial Day, paid tribute to her friend, Albert Cohen, for his dedicated service to our country during World War II.

IX. On a motion made by Alderwoman Russell and seconded by Alderman O’Connor the Board unanimously approved 5-0 consent agenda items A.1 and A.2, Agreements between City and Developers. The approved items are:

A.1. Release of Insurance Company of PA Bond #267732 in the amount of $78,336 posted by MCI WorldCom Network Services, Inc., as guarantee of installation of fiber optic improvements from US 15 along Opossumtown Pike, Amber Drive, Hayward Road, further described in Utility Agreement dated 11/02/04.

A.2. Release of Westchester Bond #K06956464 in the amount of $50,000 posted by MCI Network Services, Inc., as guarantee of installation of fiber optic improvements along Opossumtown Pike thru to Stadium Drive, further described in Utility Agreement dated 09/25/05.

On a motion made by Alderman O’Connor and seconded by Alderwoman Young the Board unanimously approved Consent Items B.1 and B.3 Committee/ Commission Recommendations. The approved items are:

B.1. Recommendation by the Recreation and Parks Commission to allow the Frederick Adult Coed Kickball Association to serve alcohol at their annual fundraiser event on Carroll Creek Urban Park Amphitheater on June 11, 2011.

B.3. Recommendation by the Recreation and Parks Commission to allow the extension of hours for the Maryland Shakespeare Festival for their production of “As You Like It” at the Baker Park Bandshell on July 29 & 30, 2011.

Consent agenda item B.2. was pulled by Alderwoman Krimm and voted on separately. On a motion made by Alderwoman Krimm and seconded by Alderman O’Connor the Board approved 3-2 with Alderwoman Young and Alderwoman Aloi voting against, to waive the $200 park rental fee for the Maryland Shakespeare Festival production of “As You Like It” at the Baker Park Bandshell on July 29 & 30, 2011, going against the recommendation of the Recreation and Parks Commission. John Bellamo spoke on behalf of the Maryland Shakespeare Festival.

The following items were pulled from the consent agenda by Alderwoman Krimm and discussed separately.

On a motion made by Alderwoman Krimm and seconded by Alderwoman Russell the Board unanimously approved 5-0 consent agenda items C.1 – C.3, Forest Conservation Easements. The approved items are:

C.1. Request for approval of forest conservation easements established using fee-in-lieu of forest conservation funds on 27.57 acres of land allocated throughout 20 City parks.

C.2. Request for approval of forest conservation easements established using fee-in-lieu of forest conservation funds on approximately 55 acres of the Clustered Spires Golf Course.

C.3. Request for approval of forest conservation easements established using fee-in-lieu of forest conservation funds on 0.46 acres of City property that is the site of the Department of Public Works and 2.75 acres of City property occupied by the Waste Water Treatment Plant.

X.1. On a motion made by Alderwoman Krimm and seconded by Alderwoman Young, the Board unanimously approved 5-0 Special Ordinance S-11-07 establishing the tax rate for the assessable property in the City of Frederick, Maryland for the Fiscal Year July 1, 2011 to June 30, 2012. There were no public comments.

X.2. The approval of a Special Ordinance to adopt the Budget for FY 2012 was pulled prior to the meeting and was moved to the June 2, 2011 public meeting agenda.

X.3. The Board considered a Resolution for the purpose of supporting the Frederick Arts Council’s temporary public art exhibit. On a motion made by Alderwoman Young and seconded by Alderwoman Aloi the Board unanimously approved 5-0 Resolution 11-12 with the change of the year of the effective date to be 2011. There were no public comments.

X.4. On a motion made by Alderman O’Connor and seconded by Alderwoman Aloi the Board unanimously approved 5-0 an amendment to an Agreement with Celebrate Frederick, Inc. dated March 24, 2010. There were no public comments.

X.5. On a motion made by Alderwoman Aloi and seconded by Alderman O’Connor the Board unanimously approved 5-0 Ordinance G-11-12 to repeal Section 25-30 of the Frederick City Code, Fishing in Culler Lake. There were no public comments.

X.6. On a motion made by Alderwoman Young and seconded by Alderwoman Russell the Board unanimously approved 5-0 a Fourth Amendment to Contract and issuance of a purchase order to Synagro Central LLC for the disposal of sludge for the unit price of $78.96 a wet ton (Bid #FY09A). Public comment was received from John Daniels.

X.7. On a motion made by Alderwoman Young and seconded by Alderman O’Connor the Board unanimously approved 5-0 an award of bid and issuance of a purchase order to Fluid Solutions, Inc. for the purchase of two vertical lineshaft pumps in the amount of $48,432.00 (Bid # 11-08). There were no public comments.

X.8. On a motion made by Alderwoman Russell and seconded by Alderwoman Krimm the Board unanimously approved 5-0 an award of bid and issuance of a purchase order to Capital Tristate Electric for the purchase of one Motor Control Center in the amount of $118,200.00 (Bid # 11-09). There were no public comments.

X.9. On a motion made by Alderwoman Russell and seconded by Alderman O’Connor the Board unanimously approved 5-0 an Ordinance to amend the Industrial Pretreatment Ordinance (Appendix L of the Frederick City Code). Alderwoman Russell moved to rescind the vote to make corrections to the Ordinance. Motion was seconded by Alderwoman Aloi and passed 5-0. On a motion made by Alderman O’Connor and seconded by Alderwoman Russell the Board unanimously approved 5-0 Ordinance G-11-13 to amend the Industrial Pretreatment Ordinance (Appendix L of the Frederick City Code) with the following changes to Section 4.3: second line, “prior to May 19, 2011”, third line “before October 1, 2011”, and fifth line “after January 1, 2012”. There were no public comments.

X.10. On a motion made by Alderwoman Young and seconded by Alderwoman Aloi the Board unanimously approved 5-0 Resolution 11-13 to establish Industrial Pretreatment Fees and Fines. There were no public comments.

XI. There were no appointments.

XII. There were no Aldermanic business/comments.

XIII. There were no Mayor’s comments.

XIV. There were no committee reports.

XV. There were no director reports.

XVI. There were no general citizen comments.

There being no further official business, the meeting was adjourned at 9:56 p.m.

Submitted in action format,

Marsha A. Bowers
Legislative Clerk