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February 3, 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. Katie Penick, Faith United Church of Christ.

IV. The Mayor announced that bills paid January 1, 2011 through January 18, 2011 totaled $1,974,656.04. Total bills paid since July 1, 2010 were $55,803,581.16.

V. The minutes from the January 6, 2011 Mayor and Board Public Meeting, and the January 6, 2011 Closed Session Meeting were previously distributed. On a motion made by Alderwoman Krimm and seconded by Alderwoman Russell, the Board unanimously approved 5-0 the January 6, 2011 Public Meeting minutes. On a motion made by Alderwoman Young and seconded by Alderman O’Connor, the Board unanimously approved 5-0 the January 6, 2011 Closed Session Meeting minutes.

VI. The Mayor announced that a Closed Session had been held on January 20, 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 Maryland Annotated Code.

VII. During Mayor’s comments the Mayor wished his father a Happy 80th Birthday.

VIII. During aldermanic business/comments Alderwoman Aloi welcomed everyone in attendance at the meeting, as well as those watching. Alderwoman Krimm spoke of the news events taking place in Egypt this week and reminded everyone that we need to be thankful to God, and to our forefathers for the freedom that we have in this country. Alderwoman Young recognized Gerry Kolbfleisch, Director of Finance, for his contributions to the City. She thanked him for his leadership and guidance during these financially challenging times.

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 through A.6, Agreements between City and Developers. The approved items are:

A.1. Release of Westchester Bond #KO7135919 in the amount of $72,676.50 posted by Clover Ridge, LLC, as guarantee of completion of public improvements to Clover Ridge, Section 3, Plat 1, further described in PWA dated 07/11/05 and acceptance of Moran Drive, Station 16+99.65 to 21+90; Washburn Court, Station 10+00 to 11+67.69; and, Wheeler Lane, Station 20+66.86 to 21+19.05 into the City system.

A.2. Release of Westchester Bond #KO7135956 in the amount of $167,090.24 posted by Clover Ridge, LLC, as guarantee of completion of public improvements to Clover Ridge, Section 3, Plat 2, further described in PWA dated 10/24/05 and acceptance of Moran Drive, Station 21+90 to 27+45 and Moran Court, Station 10+00 to 14+12.53 into the City system.

A.3. Release of Cash Funds in the amount of $2,500 posted by Canterbury Station, LLC, as guarantee of completion of East Street test pitting at Canterbury Station, further described in PWA dated 12/15/10.

A.4. Release of Cash Funds in the amount of $3,630.66 posted by D’Amore Construction Company, as guarantee of completion of a water service upgrade to 228 N. Market Street, further described in PWA dated 04/12/07.

A.5. Release of Travelers Bond #104403355 in the amount of $123,281.25 posted by Utility Lines Construction Services, as guarantee of completion of underground cable replacement in the Stonegate area, further described in a Utility Agreement dated 11/10/04.

A.6. Release of PNC Bank LOC #18111331 in the amount of $25,530 posted by Expo Properties, LLC, as guarantee of completion of streetlight installation fronting 1888 N. Market Street, further described in PWA dated 04/30/09.

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

B.1. Acceptance of a $38,441.37 Housing Counseling grant from the U.S. Department of Housing and Urban Development.

B.2. Acceptance of a $27,500 Emergency Solutions Grant for the Maryland Department of Housing and Community Development.

B.3. A $13,750 grant-funded Sub-Recipient Agreement between the City and the Religious Coalition for Emergency Human Needs.

B.4. Acceptance of a fee-for-services Low-Income Use Reduction Program (LIURP) contract from Dollar Energy Services/Allegheny Power for the purpose of providing home weatherization services to income-eligible customers of Allegheny Power.

B.5. Acceptance of a $25,000 Maryland Housing Counseling Fund grant from the Maryland Department of Housing and Community Development.

X.1. On a motion made by Alderwoman Aloi and seconded by Alderwoman Krimm, the Board unanimously approved 5-0, the award of bid and issuance of a purchase order to Heyward Incorporated for the purchase of Primary Clarifier Scum equipment replacement parts for three Primary Clarifiers in the amount of $68,742 (Bid #11-06). There were no public comments.

X.2. On a motion made by Alderwoman Young and seconded by Alderman O’Connor, the Board unanimously approved 5-0, a Contract with ATS Pool Construction Inc. for Swimming Pool Whitecoat Project (Bid # 11-05). 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, a Memorandum of Understanding for the Youth Center with the Boys & Girls Club of Frederick County. There were no public comments.

X.4. The Board considered an Agreement for street lighting with Tasker’s Chance Homes Corporation. On a motion made by Alderwoman Aloi and seconded by Alderwoman Russell, the Board approved 4-0-1, with Alderwoman Young abstaining, the agreement with the following change to 1. “The initial invoice period shall be from July 1, 2010 through June 30, 2011”. Kathleen Elmore, counsel for Tasker’s Chance Homes Corporation, gave prepared remarks. There were no public comments.

X.5. On a motion made by Alderwoman Aloi and seconded by Alderwoman Young, the Board approved 5-0, Ordinance G-11-06 to amend the Frederick City Code, Section 13-28, "Improper Parking” to address parking within parking lots at Frederick Community College. Public comment was received from Gil House.

X.6. On a motion made by Alderwoman Russell and seconded by Alderwoman Aloi, the Board approved 5-0, Resolution 11-6 authorizing Frederick Community College (FCC) security staff to issue parking citations on the FCC campus located at 7932 Opossumtown Pike, Frederick, Maryland. There were no public comments.

X.7. A second amendment to the commercial lease with the Cresap Rifle Club, Inc., dated December 20, 2001 was pulled prior to the meeting.

XI. On a motion made by Alderman O’Connor and seconded by Alderwoman Krimm the Board unanimously approved 5-0 the reappointment of Mark Lawrence to the Parks and Recreation Commission with a three year term, February 8, 2011 to February 7, 2014. On a motion made by Alderwoman Krimm and seconded by Alderwoman Russell the Board unanimously approved 5-0 the appointment of Randall Knight to the Parks and Recreation Commission with a three year term, February 3, 2011 to February 2, 2014. On motion made by Alderwoman Young and seconded by Alderman O’Connor the Board unanimously approved 5-0 the appointment of Elisabeth Fetting to the Planning Commission, with a term of February 3, 2011 to February 2, 2016. On a motion made by Alderwoman Russell and seconded by Alderwoman Krimm the Board unanimously approved 5-0 the reappointment of John D. Yee (Jody) to the Housing Authority, with a term of February 3, 2011 to February 2, 2016. On a motion made by Alderwoman Russell and seconded by Alderman O’Connor the Board unanimously approved 5-0 the reappointment of Janice Dorsey to the Housing Authority, with a term of February 3, 2011 to February 2, 2016. On a motion made by Alderwoman Young and seconded by Alderwoman Aloi the Board unanimously approved 5-0 the reappointment of Diana Halleman to the Personnel Board, with a term of February 3, 2011 to February 2, 2017.

XII. During Aldermanic business/comments Alderwoman Russell stated that on February 5, 2011 the City is offering “Frederick 101”, a one day program designed to educate residents on City services and departments. Alderwoman Young reminded everyone that there are five days remaining to vote for Frederick in the Reader’s Digest “We Hear You America” Sweepstakes. She then stated that the Citizen Satisfaction Survey is posted on the City’s website, as well as paper copies available at the receptionist desk at City Hall. Alderwoman Young strongly encouraged citizen input and stated that the results will be taken seriously and used in the decision making process. Alderwoman Krimm stated that she had attended Governor Martin O’Malley’s “State of the State” address, and that the Governor said that while we are still in an economic downturn the outlook for the State is good. She continued by saying that she was pleased that Frederick was mentioned twice during the Governor’s speech, once regarding the life science industry in Frederick County and the role it will play in leading Maryland out of this recession, and also Ft. Detrick and the jobs it provides to the Frederick area. Alderwoman Krimm then stated that February 8, 2011 is “City of Frederick Day in Annapolis”. She said that the Mayor and Aldermen will be in Annapolis that day talking to the State Delegates and Senators about the City. Alderwoman Aloi added that when she is in Annapolis she receives very positive comments about Frederick. She said that this is a great place to live and work. Alderwoman Aloi continued by stating that there is a County/Municipalities meeting scheduled for February 10, 2011 at 5:30 PM. She said that this is a wonderful beginning to a new relationship and she thanked everyone who is involved.

XIII. During Mayor’s comments the Mayor commended Mike Winpigler, Street Maintenance Superintendent, and his staff for the great job they did during the recent snowstorm. He continued by saying that he had accompanied Code Enforcement staff for several hours during the snow event and observed first hand their interaction with snow removal contractors, who when notified of the recently adopted snow removal ordinance, readily complied. Mayor McClement continued by stating that he is very honored and privileged to have been appointed by the Governor to sit on the Governor’s Commission on Small Business, and that he appreciates the recommendation from Delegate Galen Clagett. He added that he is very excited about this and feels he will bring a unique perspective, as he has the ability to represent both small business and government. Mayor McClement stated that the group is very energetic and he looks forward to the Commission’s help in making it easier for small businesses to come to Maryland and stay in Maryland.

XIV. There were no committee reports.

XV. There were no director reports.

XVI. General citizen comment was received from Gil House. He stated that snow should be removed from the curb cuts to provide easier sidewalk access for those with disabilities. He continued by saying that February 5, 2011 is “First Saturday” in downtown Frederick with “Fire and Ice” as the theme. He added that he will be on the Everedy Square sponsored trolley providing local history and encouraged everyone to join him. Peter Tkac spoke regarding the removal of fluoride from the City water supply, stating that this would not only provide a cost savings to the City, but that fluoride is a toxin and a public health risk.

There being no further official business, the meeting was adjourned at 8:22 p.m.

Submitted in action format,

Marsha A. Bowers
Legislative Clerk