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January 6, 2011
7:02 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. Boy Scout Troop 470 led the Pledge of Allegiance.

III. The Invocation was given by Reverend Tim May.

IV. The Mayor announced that bills paid November 30, 2010 through December 17, 2010 totaled $7,033,732.07. Total bills paid since July 1, 2010 were $52,440,899.21.

V. The minutes from the November 4, 2010 Mayor and Board Public Meeting and the December 1, 2010 Closed Session Meeting were previously distributed. On a motion made by Alderwoman Russell and seconded by Alderwoman Young, the Board unanimously approved 5-0 the November 4, 2010 Public Meeting minutes. On a motion made by Alderwoman Krimm and seconded by Alderwoman Aloi, the Board unanimously approved 5-0 the December 1, 2010 Closed Session minutes.

VI. The Mayor read the summaries from the Closed Sessions held on December 1, 2010 and December 22, 2010. Attached hereto and made a part of these minutes are summaries of those sessions, as required under Section 10-509 of the State Government Article.

VII. During Mayor’s Comments the Mayor wished a belated Happy Birthday to Alderwoman Krimm. He then spoke of the news of the day involving the delivery of suspicious packages to State office buildings. The Mayor indicated that the City is taking the appropriate steps to examine all mail being delivered to our facilities, ensuring the safety of City employees and citizens. He offered his thanks to everyone who is involved in that effort. Mayor McClement then turned the meeting over to the Chief of Police, Kim Dine, to make the following award presentations: 25 Year Service Pin to Officer Robert Brown, Jr.; Commendation Award to Officer John Hoxie; Life Saving Awards to Officer Michael Conover, Officer Gregory Morton (as of January 2011 Officer Morton is a Deputy with the Frederick County Sheriff’s Department), and Officer Patrick Spevak; Bronze Star Award to Corporal Dave Armstrong, Officer Greg Loftis and Officer Stewart Alcorn. Chief Dine thanked those who were honored for their dedication to the citizens of Frederick. The Mayor extended his thanks and appreciation to all the award recipients for their service.

VIII. During aldermanic business/comments Alderwomen Aloi extended her thanks and appreciation to the officers of the Frederick City Police Department for their dedicated service to the citizens of the City of Frederick noting that they are fine examples for all of us. She continued by thanking Boy Scout Troup 470 for attending the meeting, stating that they too are great examples to the community. Alderwoman Russell wished everyone a Happy New Year. She then offered her congratulations and thanks to the Police Department award recipients for their service. She continued by acknowledging the courageous way they put their lives on the line every day, indicating that she is very proud. Alderwoman Krimm thanked the honored employees of the Police Department, as well as their families, acknowledging that family support is extremely important. She also addressed the Boy Scouts saying that the Police officers are heroes and that they can aspire to be like them. Alderwoman Young said that she was pleased to see so many people in the audience this evening and offered a special word of thanks to those who were honored. Alderwoman Young added that the Administration has been developing a citizen satisfaction survey. She continued that the survey is in the final stages and will be posted on the City website in the near future. Alderwoman Young encouraged the citizens of Frederick to respond to the survey, adding that this is an opportunity to not only let them know how they are doing, but will help in setting priorities. Alderman O’Connor offered his thanks and appreciation to the officers who were honored and to all the officers of the Frederick City Police Department, noting that their heroism lies in not knowing what they will encounter each day.

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

A.1. Approval of release of United States Surety Bond #8684 in the amount of $39,556.55 posted by CEB, LLC, as guarantee of completion of improvements to Governor’s Choice, Lot 20R, further described in PWA dated 07/01/05.

Consent agenda item B.1. was pulled by Alderwoman Aloi and voted on separately. On a motion made by Alderwoman Russell and seconded by Alderwoman Young, the Board unanimously approved 5-0 consent agenda item B.1. The approved item is:

B.1. Acceptance of a grant and approval of a memorandum of understanding with the Maryland State Highway Administration for the Baker Park Trail.

On a motion made by Alderwoman Young and seconded by Alderman O’Connor, the Board unanimously approved 5-0 consent agenda item B.2. The approved item is:

B.2. Acceptance of a $25,000 National Foreclosure and Mitigation Counseling 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, an award of bid and issuance of a purchase order to Graybar Electric Co., Inc. for the purchase and installation of three (3) new Variable Frequency Drives in the amount of $40,050.00 (Bid # 11-03). There were no public comments.

X.2. The Board considered an Ordinance to amend the Frederick City Code by repealing and adding Section 22-16.1 regarding snow removal for the purpose of increasing the fine. On a motion made by Alderwoman O’Connor and seconded by Alderwoman Young the Board approved 3-2, with Alderwomen Russell and Aloi voting against, Ordinance G-11-01, with the following change: Section 22-16.1 (a) to read “Violation of this section is hereby declared to be a municipal infraction punishable by a fine not to exceed $500.” Public comment was received from Cliff Bridgford.

X.3. On a motion made by Alderwoman Russell and seconded by Alderwoman Young the Board unanimously approved 5-0 Ordinance G-11-02 to amend the Frederick City Code by adopting the 2009 International Property Maintenance Code and repealing the Livability Code for Residential Rental Dwellings. Public comment was received from Emery Csulak and Earl Smith.

X.4. On a motion made by Alderwoman Russell and seconded by Alderwoman Aloi the Board unanimously approved 5-0 Resolution 11-01 to adopt local amendments to the 2009 International Property Maintenance Code. Public comment was received from Tamar Osterman, Cliff Bridgford and Emery Csulak.

X.5. On a motion made by Alderman O’Connor and seconded by Alderwoman Young the Board unanimously approved 5-0 Ordinance G-11-03 to amend the Frederick City Code by repealing outdated provisions regarding eating and drinking establishments, and health and sanitation by transferring Section 12-11.1, Massage to Section 15-47. 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 Resolution 11-02 for the purpose of amending the City’s 2010 Comprehensive Plan by amending Chapter 8: Heritage Resource Element. There were no public comments.

X.7. The Board considered a Resolution for the purpose of amending the 2009 Frederick Town Historic District Design Guidelines. On a motion made by Alderwoman Russell and seconded by Alderman O’Connor the Board unanimously approved 5-0 Resolution 11-03 with the removal of the following: “WHEREAS, on April 1, 2010, the Mayor and Board of Aldermen amended the Guidelines pertaining to the review of art and to correct numbering errors in Chapter 10 by Resolution 10-10; and”, and the change to Chapter 4.C.(5) to read as follows: “The painting or coating of masonry structures that are not currently painted or coated will not be approved, except in those cases where it will help stabilize deteriorating brick.” There were no public comments.

X.8. On a motion made by Alderwoman Krimm and seconded by Alderwoman Aloi the Board unanimously approved 5-0 an easement and maintenance agreement with Riverside Research Park Owners’ Association, Inc. for encroachment of signage into the public right-of-way along Progress Drive in Riverside Corporate Park. There were no public comments.

X.9. On a motion made by Alderwoman Young and seconded by Alderwoman Russell the Board unanimously approved 5-0 a grant agreement with the Maryland Department of Environment for Biological and Enhanced Nutrient Removal upgrades to the Wastewater Treatment Plant. There were no public comments.

X.10. On a motion made by Alderwoman Aloi and seconded by Alderwoman Russell the Board unanimously approved 5-0 Ordinance G-11-04 to amend The Code of the City of Frederick, Appendix A, Land Management Code, by amending Section 404, Table 404-1, “The Use Matrix” for the purpose of permitting churches by right in the DB zoning district. Public comment was received from Chrissie Hassett and Pastor Darren Gerald.

X.11. On a motion made by Alderman O’Connor and seconded by Alderwoman Krimm the Board unanimously approved 5-0 the award of bid and issuance of a purchase order to Swift Systems Inc. for the purchase of Storage Area Network Equipment, removal of existing equipment and installation of the new equipment for the total amount of $90,455.00 in accordance with The City of Frederick’s Bid # 11-04. There were no public comments.

XI. On a motion made by Alderwoman Young and seconded by Alderwoman Russell the Board unanimously approved 5-0 the reappointment of Ronald Chesnik to the Electrical Board with a 3 year term, January 6, 2011 to January 5, 2011.

The Board considered the reappointment of John D. Yee and Janice Dorsey to the Housing Authority. A motion was made by Alderwoman Russell and seconded by Alderman O’Connor. After discussion the Board decided to table this item and the motion was withdrawn.

XII. During Aldermanic business/comments Alderwoman Russell stated that she had recently attended a fundraiser for the Frederick Bicycle Coalition. She offered her thanks to Phil Bowers and Brewer’s Alley for hosting the fundraiser and for contributing a percentage of the day’s proceeds to the Coalition. She added that the Bicycle Coalition purchased and installed, with the help of the Department of Pubic Works, a bike rack in front of Brewer’s Alley. She thanked the Coalition for the bicycle advocacy they provide for the City of Frederick. Alderwoman Russell continued by stating that she had attended the Summit on the Future of Maryland’s Past, along with 130 attendees from across the State, to discuss the future of Historic Preservation in the State of Maryland. Alderwoman Russell encouraged anyone who is eligible to donate blood to do so. Alderwoman Young asked for everyone to participate in the Reader’s Digest “We Hear You America” sweepstakes, challenging them to vote 10 times a day and to find 10 other people to vote 10 times a day. This sweepstakes provides the opportunity for municipalities, as well as individuals, to win prize money. Alderman O’Connor supported Alderwoman Young’s request to vote in the Reader’s Digest sweepstakes. Alderwoman Krimm stated that the Maryland General Assembly Session will begin on January 12th and run for 90 days. She encouraged everyone to communicate with their Delegates on issues that are important to them. Alderwoman Aloi stated that on January 13, 2010 at 7:00 PM Governor Thomas Johnson High School will host the Frederick County Public Schools Annual Martin Luther King, Jr. Celebration. She added that the Frederick County 5th Annual MLK Day of Service will be held on January 17, 2011, 9:00 AM – 2:00 AM, at the Cultural Arts Center, 15 West Patrick St., and encouraged everyone to attend these events.

XIII. During Mayor’s Comments Mayor McClement commented on the passage of a year since taking office. He stated that he feels they have done a good job and are committed to doing as well and better in the next three years. Mayor McClement thanked the Aldermen for their support and participation. He then stated that the budget process for this year has begun and indicated that there was an average of 22–26% decrease in property assessments, which puts an additional burden on the budget.

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 9:40 p.m.

Submitted in action format,

Marsha A. Bowers
Legislative Clerk