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February 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. Toni Fish, Unity in Frederick Church.

IV. The Mayor announced that bills paid January 19, 2011 through January 31, 2011 totaled $3,401,490.63. Total bills paid since July 1, 2010 were $59,205,071.79.

V. The minutes from the January 20, 2011 Mayor and Board Public Meeting, and the January 20, 2011 Closed Session Meeting were previously distributed. On a motion made by Alderwoman Krimm and seconded by Alderman O’Connor, the Board unanimously approved 5-0 the January 20, 2011 Public Meeting minutes. On a motion made by Alderwoman Krimm and seconded by Alderwoman Young, the Board unanimously approved 5-0 the January 20, 2011 Closed Session Meeting minutes.

VI. There were no Executive Sessions to announce.

VII. There were no Mayor’s comments.

VIII. During aldermanic business/comments Alderwoman Young stated that prior to tonight’s meeting she, along with some of her colleagues, had attended the Frederick County Commission for Women candlelight vigil at Winchester Hall. She added that she was inspired by the number of attendees, both men and women, and would like to think that most people were there to celebrate the struggles and achievements of women over the past 100 years. Alderwoman Young said that this event serves as a reminder of how far women have come in the past 100 years, and how far we still need to go, noting that there are some major challenges in terms of cultural barriers in the community and in the world that we have yet to overcome. Alderman O’Connor stated that it was his pleasure to attend the vigil, as well, and to that end he offered the following statement: “The decision this week by the Board of County Commissioners to eliminate county funding for the Head Start program, and return the program to federal control, is troubling. For starters, there is no doubt that some, and likely a high percentage of the 282 three and four year olds, and their families, who will be affected by the reduction in funding are City residents. How might this impact our Community Action Agency, which delivers complimentary services to an overlapping population? We at the City are facing difficult budget decisions in the months ahead. In this regard, I do understand what the Commissioners are doing. But how we make these decisions, in terms of understanding the impact first and communicating effectively with the community prior to making a decision is critical. There is no question the role of government is being redefined moment by moment as a result of economic conditions. But someone, and I will be one, must advocate for those at the lower end of the economic scale, residents who are often least able to effectively advocate for themselves.” Alderwoman Krimm stated as the Liaison to the Washington Council of Governments Transportation Planning Board that every few months the Board offers a Community Leadership Institute. She added that the next one is scheduled for March 31, and April 2, 2011, and that she would be glad to recommend individuals who would like to attend. Alderwoman Krimm continued that the Transportation Board will have a Regional Freight Forum on April 27, 2011 at the Regency Hyatt Washington on Capitol Hill, which will be an all day event. Alderwoman Krimm then stated that there have been some issues in the City recently regarding Group Homes. She added that in the near future a State official will be in Frederick to explain the licensing requirements at the State level, and she encouraged citizens to watch for the date. She continued by stating that she and Alderwoman Young have discussed moving forward with a pension ordinance that would specifically address new hires to the City and the pension plans available to them. She continued by stating that pension reform is happening in all areas of government and that the City must move forward with this. Alderwoman Krimm then moved for a Closed Session meeting to take place on Friday, February 18, 2011 at 11:30 AM to consider a matter that concerns the proposal for a business or industrial organization to locate, expand, or remain in the State. Alderman O’Connor seconded the motion. After a lengthy discussion Alderwoman Krimm amended her motion for a Closed Session on March 2, 2011 immediately following the Mayor and Board Workshop. The motion was seconded by Alderman O’Connor and approved 3-0-2, with Alderwomen Young and Aloi abstaining. Alderwoman Aloi stated that the Ad Hoc Bicycle Committee made a presentation to the Board at yesterday’s Workshop citing three proposals for projects to be implemented in the City. She added that regarding these projects she was incorrectly quoted in the newspaper and read the quote as follows: “Alderwoman Shelley Aloi endorsed the projects and said that at a total cost of about $91,000 the first two plans could be implemented with public support”. Alderwoman Aloi said that the quote was correct, except for the dollar amount which is actually $9,126. She continued by stating that she thought that with the community coming together we could easily get the first two projects off the ground, because Frederick City citizens and Frederick County citizens do come together for projects just like this. She then offered her thanks to the Ad Hoc Bicycle Committee and to all the people who volunteer in the community for their time and their hard work.

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

A.1. Release of Cash funds in the amount of $3,013 posted by Sovran Acquisition, L.P., as guarantee of completion of Grading/SEC measures to Uncle Bob’s Self Storage located at 1212 W. Patrick Street, further described in PWA dated 02/03/05.

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

B.1. Acceptance of the Governor’s Office of Crime Control and Prevention, Teen Collision Avoidance-Law Enforcement Training Scholarship (LETS) grant.

X.1. On a motion made by Alderwoman Russell and seconded by Alderwoman Aloi, the Board unanimously approved 5-0 Special Ordinance S-11-02 to amend the FY2011 budget to include revenue and associated expenditures in the amount of $8,100 received from the Governor’s Office of Crime Control and Prevention “Teen Collision Avoidance-Law Enforcement Training Scholarship (LETS)” grant. There were no public comments.

X.2. On a motion made by Alderwoman Young and seconded by Alderwoman Aloi, the Board unanimously approved 5-0 the transfer of budgeted funds from code 51-01 (disposal services) to code 74-01 (machinery and equipment, vehicles) and issuance of a purchase order to The Frederick Motor Company for the purchase of one 2011 Ford Transit van for the total amount of $17,808.00. There were no public comments.

X.3. On a motion made by Alderwoman Young and seconded by Alderwoman Aloi, the Board unanimously approved 5-0 Ordinance G-11-07 to amend Section 5-8 of the Frederick City Code for the Purpose of Adopting Appendix F of the International Residential Code, entitled "Radon Control Methods”. There were no public comments.

X.4. On a motion made by Alderwoman Russell and seconded by Alderman O’Connor, the Board unanimously approved 5-0 a second amendment to the commercial lease with the Cresap Rifle Club. Inc., dated December 20, 2001. Lt. Shawn Martyak was present on behalf of Cresap Rifle Club. There were no public comments.

X.5. On a motion made by Alderwoman Aloi and seconded by Alderwoman Krimm, the Board approved 3-0-2, with Alderman O’Connor and Alderwoman Russell abstaining, a second amendment to contract of sale with Willard Agri-Service of Frederick, Inc. dated December 10, 2009 for the sale of Lot 1, Sagner Park. Alderwoman Aloi conditioned her motion on settlement being expedited as quickly as possible. Public comment was made by Billy Willard on behalf of Willard Agri-Service, Inc.


X.6. The Board considered the approval of an Agreement for Parking with the Board of Education of Frederick County. Alderman O’Connor moved to table this item. The motion was seconded by Alderwoman Russell and passed unanimously 5-0. Ray Barnes was present on behalf of the Board of Education of Frederick County. There were no public comments.

XII. During Aldermanic business/comments Alderwoman Aloi reminded everyone that “Frederick Goes Baroque”, of which she will be participating, will take place on February 24, 2011 at the Weinberg Center for the Arts. Alderwoman Young stated that the Board is facing a huge challenge with the task of balancing the FY2012 budget with a $9.9 million deficit. She continued by stating that for the first time in the City’s history the constant yield is above the tax rate and in order to meet the gap they would essentially have to raise taxes. Alderwoman Young said they are hoping that is not the solution, but to avoid that solution will present a major, major challenge. She said that it is only appropriate that we share early and frequently the challenges ahead of us so that our citizens and our staff are very much aware. Alderwoman Young then read the closing portion of a Letter to the Editor that appeared in the Frederick News Post as follows: “These fiscal straits we find ourselves in will require political leadership, candor and public sacrifice because the worst is ahead of us. I’m concerned that this is a challenge Americans will refuse to stand up to. I hope I’m wrong.”


XIII. During Mayor’s comments Mayor McClement stated that this Board has a great challenge before them as they undertake the task of balancing the FY2012 budget. He continued that he and Katie Barkdoll, Director of Budget and Purchasing, are meeting with Department Directors to identify areas that absolutely need to remain in the budget and are doing their best to find a way to keep those in balance with the shortfall of revenue. Mayor McClement said he is concerned about the cuts being made to the Federal budget that are directly affecting the City, specifically in the area of the Federal Aviation Administration. He said that the City had forward funded $14 million worth of land acquisition during a time when money was flowing. He continued that now there is talk of that area of the Federal Aviation Administration budget being stricken, which will leave a $14 million deficit for our citizens. Mayor McClement said that everyone is in hard times, and therefore, we are being hit with things that are out of our control: a $53 million unfunded State mandate to upgrade our Wastewater Treatment Plant along with an additional $9 million in repairs that need to be made; a possible $14 million in lack of funding from the U.S. government; and, $3 million being withheld by the State in highway user funds. Mayor McClement said he is providing this information to give our citizens and staff an idea of what challenges lie ahead. He said that the Board must make logical, practical decisions for the short and long term, and added that the decisions they make for FY2012 will affect 2013, 2014 and 2015, as well. Mayor McClement then asked for patience and understanding from the citizens and stated that services, such as snow removal and street maintenance, will not likely be fulfilled in the same manner as they have been in the past. The Mayor concluded by saying that this is a good City that is in good shape, and that the Board will do their best to keep moving forward.

XIV. There were no committee reports.

XV. There were no director reports.

XVI. General citizen comment was received from Peter Tkac who asked the Board to remove fluoride from the City water supply. He stated that this would provide a cost savings as well as eliminate fluoride as a public health risk. Public comment was also received from Rick Young who offered an apology to the Board for comments he made at a previous meeting regarding his opposition to the recent ordinance regarding the parking in residential districts. He continued by expressing his concerns regarding the City pension plan, stating that the Board needs to do a serious evaluation of this plan. Mr. Young also stated that there is a Cable company that has a monopoly in The City of Frederick, and he would like the Board to take a look into it. Alderwoman Young thanked Mr. Young for his apology.

There being no further official business, the meeting was adjourned at 9:06 p.m.

Submitted in action format,

Marsha A. Bowers
Legislative Clerk