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March 17, 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 Rev. Ken Dunnington, Calvary Methodist Church.

IV. The Mayor announced that bills paid February 16, 2011 through March 4, 2011 totaled $7,970,051.48. Total bills paid since July 1, 2010 were $69,305,317.91.

V. The minutes from the February 17, 2011 Mayor and Board Public Meeting and the October 28, 2009 Special Public Meeting were previously distributed. A motion was made by Alderwoman Aloi to approve the February 17th minutes and seconded by Alderwoman Krimm. After discussion regarding a change to the minutes submitted prior to the meeting, the Board unanimously approved 5-0 the February 17, 2011 Public Meeting minutes as presented. The Mayor stated that it was recently discovered that the October 28, 2009 Special Public Meeting minutes from the 59th Administration were never approved. The Mayor requested a vote on the October 28th minutes, noting that the Board was asked to watch the video to confirm the content. Alderwoman Russell stated that she did watch the video and moved for approval of the October 28th minutes since they are action minutes and appear to be an accurate reflection of what occurred in the meeting. Motion was seconded by Alderman O’Connor and the October 28, 2009 Special Public Meeting minutes were unanimously approved 5-0.

VI. The Mayor announced that two Closed Sessions had been held on March 2, 2011 and read into the record a summary of those sessions, which are attached hereto and made a part of these minutes, as required under Section 10-509 of the State Government Article.

VII. During Mayor’s comments Mayor McClement wished everyone a Happy St. Patrick’s Day. He continued by saying goodbye to local radio personality Dan Stevens thanking him for his many years of service to the Frederick community. The Mayor wished him well as he begins his new adventures as a father and a farmer.

VIII. During aldermanic business/comments the Aldermen wished everyone a Happy St. Patrick’s Day. Alderwoman Krimm offered her congratulations to the Frederick High School girls basketball team on winning the 3A State Championship. Alderwoman Russell stated that April is Child Abuse Prevention Month and asked everyone to be watching for upcoming events in support of the Child Advocacy Center. She continued by reminding all to be aware of the safety of bicyclists on the roads now that the weather is getting warmer. She added that Bike to Work Day is May 20, 2011. Alderwoman Young stated she is a member of the recently formed Containment Laboratory Community Advisory Committee. She added that this Committee will help facilitate communication between Ft. Detrick and the community. Alderwoman Young continued by offering her thanks to the following individuals for the effort and support they provided with the live broadcast coverage and internet access of the Committee to the public: Mayor McClement, Steve Kroon, Lance DuVall, Tyler Moore, Matt Bowman, Mohammed Ismail and Susan Harding.

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.8 Agreements between City and Developers. The approved items are:

A.1. Approval of a recommendation by the Parks & Recreation Commission to allow the Frederick Festival of the Arts to serve alcohol at their 18th Annual Festival of the Arts event at Carroll Creek Urban Park on June 4 & 5, 2011.

A.2. Approval of a recommendation by the Parks & Recreation Commission to waive park rental fees for the 18th Annual Frederick Festival of the Arts at Carroll Creek Park on June 4 & 5, 2011. The Frederick Arts Council will pay staff/equipment reimbursement fees for extra duties required for the Festival.

A.3. Approval of a recommendation by the Parks & Recreation Commission to allow HandsOn Frederick County to serve alcohol at their Earth Day event on April 16, 2011 at Carroll Creek Urban Park.

A.4. Approval of a recommendation by the Parks & Recreation Commission to allow the Downtown Frederick Partnership to serve alcohol at their 8th Annual Alive @ Five events at Carroll Creek Urban park on May 12, 19, 26, June 9, 16, 23, July 14, 21, 28, August 11, 18, 25 and September 8, 2011.

A.5. Approval of a recommendation by the Parks & Recreation Commission to partially waive fees for the Downtown Frederick Partnership 8th Annual Alive @ Five events at Carroll Creek Urban Park on May 12, 19, 26, June 9, 16, 23, July 14, 21, 28, August 11, 18 25 and September 8, 2011. Of the 13 events, fees will be waived for 5 events. Fees for the other 8 events will be paid in full.

A.6. Approval of a recommendation by the Parks & Recreation Commission to allow the Downtown Frederick Partnership to serve alcohol at their First Saturday Gallery Walk, “Dog Days of Summer” event to be held on August 6, 2011 at Carroll Creek Urban Park.

A.7. Approval of a recommendation by the Parks & Recreation Commission to waive fees for the Downtown Frederick Partnership First Saturday Gallery Walk, “Dogs Days of Summer” event at Carroll Creek Urban Park on August 6, 2011.

A.8. Approval of a recommendation by the Parks & Recreation Commission to waive fees for the Downtown Frederick Partnership, “The Great Frederick Float” event at Carroll Creek Urban Park on July 3, 2011.

X.1. On a motion made by Alderwoman Young and seconded by Alderwoman Aloi, the Board unanimously approved 5-0 Resolution 11-06 to continue the partnership with Child Care Choices for the 22nd Annual Children’s Festival in Baker Park. There were no public comments.

X.2. On a motion made by Alderwoman Russell and seconded by Alderwoman Aloi the Board unanimously approved 5-0 the purchase of digital two-way radios for the Police Department in the amount of $50,350 from Motorola Solutions Incorporated. There were no public comments.

X.3. The Board considered a Retiree Health and Welfare Benefit Plan for the City’s Other Post-Employment Benefits (OPEB). Alderwoman Russell moved to send this item back to workshop. Motion was seconded by Alderwoman Krimm and passed 3-1-1 with Alderwoman Young voting against and Alderwoman Aloi abstaining. There were no public comments.

X.4. The Board considered a Retiree Trust for the City’s Other Post-Employment Benefits (OPEB). Alderwoman Russell moved to send this item back to workshop. Motion was seconded by Alderwoman Krimm and passed 3-0-2 with Alderwomen Young and Aloi abstaining. There were no public comments.

X.5. On a motion made by Alderman O’Connor and seconded by Alderwoman Young the Board approved 4-1 with Alderwoman Aloi voting against the issuance of a purchase order to McGladrey & Pullen, LLP in the amount not to exceed $57,000 for auditing services for FY 2011 in accordance with RFP 08-CC Professional Auditing Services. There were no public comments.

X.6. On a motion made by Alderwoman Aloi and seconded by Alderwoman Krimm the Board unanimously approved 5-0 Ordinance G-11-08 to reallocate certain bond principal proceeds from the 2009 Bond Issue. There were no public comments.

X.7. On a motion made by Alderwoman Krimm and seconded by Alderwoman Aloi the Board unanimously approved 5-0 an Investment Agreement with the Maryland Clean Energy Center and a Reinvestment Agreement with Nexus Energy Homes. There were no public comments.

X.8. On a motion made by Alderwoman Young and seconded by Alderwoman Aloi the Board unanimously approved a Resolution concerning the 25-Year Pension Plan to restrict participation in the Plan to full time employees and eliminate the one year waiting period for eligibility to participate in the Plan. Alderwoman Russell moved to rescind the vote. Motion was seconded by Alderman O’Connor and passed 5-0. On a motion made by Alderwoman Russell and seconded by Alderwoman Young the Board unanimously approved 5-0 Resolution 11-07 concerning the 25-Year Pension Plan to restrict participation in the Plan to full time employees and eliminate the one year waiting period for eligibility to participate in the Plan with the following change to Section 6, (1) strike “for thirty-five or more hours per week” and the word “who”. There were no public comments.

X.9. On a motion made by Alderwoman Aloi and seconded by Alderwoman Russell the Board unanimously approved 5-0 Resolution 11-08 concerning the 30-Year Pension Plan to restrict participation in the Plan to full time employees, eliminate the one year waiting period for eligibility to participate in the Plan, and allow employees a one time opportunity to waive participation in the Plan with the following change to Section 6, (1) strike “for thirty-five or more hours per week” and the word “who”. There were no public comments.

XI. On a motion made Alderman O’Connor and seconded by Alderwoman Krimm the Board unanimously approved 4-0-1 with Alderwoman Young abstaining the appointment of Alderwoman Karen Young to the Frederick Community Action Agency Board of Directors. The Board considered the appointment of Commissioner Paul Smith to the Frederick Community Action Agency Board of Directors. Alderman O’Connor requested that no action be taken pending a written letter of interest from Mr. Smith.

XII. During Aldermanic business/comments Alderwoman Russell reminded everyone of “Walk MS” an annual fundraiser to benefit Multiple Sclerosis scheduled for April 2, 2011.

XIII. During Mayor’s comments Mayor McClement stated the he had attended the ribbon cutting ceremony for the new Salvation Army facility located on East Street. He continued that this event brought forth the idea of recycling bulk trash items, such as gently used furniture and electronic equipment, that are picked up by the City.

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 9:15 p.m.

Submitted in action format,

Marsha A. Bowers
Legislative Clerk