October 17, :00 p.m. City Hall

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1 October 17, :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 Legislative Clerk Phyllis Hane. II. The Mayor led the Pledge of Allegiance. III. There was no invocation. IV. Mayor McClement announced that bills paid September 21, 2013 through October 2, 2013 totaled $970,530.08; bills paid since July 1, 2013 totaled $24,900, V. There were no minutes for approval. VI. Mayor McClement announced that a Closed Session had been held on October 15, 2013 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 of the State Government Article of the Annotated Code of Maryland.. VII. The Mayor announced that the previous Saturday Michael Spurrier, Director of the Frederick Community Action Agency, was involved in a serious car accident when his vehicle was struck by a drunk driver. The Mayor thanked all the staff at Community Action for stepping up while Mike is recovering and encouraged everyone to keep Mike in their thoughts and prayers. VIII. During Aldermanic comments Alderwoman Aloi joined the Mayor in wishing Mike Spurrier a speedy recovery. Alderwoman Krimm also sent good wishes to Mike, noting he was a hardworking employee who has been with the City for 25 years. She also announced that on October 26, 2013 there would be an opportunity to dispose of unused prescriptions at Harry Grove Stadium, noting there is a permanent drop-off location at the Maryland State Police Barrack on Airport Drive. Alderwoman Krimm also shared the number to call to report underage drinking parties. Alderman O Connor expressed well wishes for Mike Spurrier. Alderwoman Russell also sent well wishes to Mike. She went on to state she and Alderman O Connor had interviewed a young man working on becoming an Eagle Scout from Boy Scout Troop 792 and shared how impressed they had been. Alderwoman Russell noted that October 23 would mark the fifth anniversary of the death of Officer Mark Bremer, a Frederick Police officer killed in the line of duty. She shared a poem that was read at Officer Bremer s memorial service. Alderwoman Young, who participated via Skype, reiterated the sentiments of the other Board members regarding Mike Spurrier s injuries. She also noted that she was representing the City at the Maryland Municipal League (MML) conference on Solomon s Island and stated she was glad to be able to utilize technology to both attend the conference and participate in the Mayor and Board of Aldermen meeting.

2 IX. Consent Agenda Item A.2 was pulled for discussion. On a motion made by Alderwoman Russell and seconded by Alderman O Connor the Board unanimously approved 5-0 Consent Agenda Item A.1, Grants. The approved item is: 1. Approval of Community Services Block Grant Agreement in the amount of $255, On a motion made by Alderwoman Aloi and seconded by Alderwoman Krimm the Board unanimously approved 5-0 Consent Agenda Item A.2, Grants. The approved item is: 2. Approval of a State of Maryland Capital Projects Grant Agreement with Friends of Carroll Creek Urban Park, Inc. in the amount of $20, for Color on the Creek improvements. On a motion made by Alderwoman Russell and seconded by Alderman O Connor the Board unanimously approved 5-0 Consent Agenda Items B.1, B.2, B.3 and B.4, Agreements With Builders. The approved items are: 1. Approval to release Woodsboro Bank LOC in the amount of $1,773, posted by YoungHye, LLC to guarantee completion of SEC/SWMgmt and other public improvements to Birdseye View Estates, further described in PWA dated 10/14/09. This PWA/Surety has been replaced by YoungHye, LLC in entirety, per PWA dated October 8, 2013 in the amount of $1,773, Approval to release Cardinal Bank LOC in the amount of $500, posted by YoungHye, LLC to guarantee completion of SEC and other public improvements to Birdseye View Estates, further described in PWA dated 10/14/09. This PWA/Surety has been replaced by YoungHye, LLC, in entirety, per PWA dated October 8, 2013 in the amount of $500, Approval to release Cardinal Bank LOC in the amount of $339, posted by YoungHye, LLC to guarantee completion of the Booster Pumping Station to Birdseye View Estates, further described in PWA dated 10/12/09. This PWA/Surety has been replaced by YoungHye, LLC, in entirety, per PWA dated October 8, 2013 in the amount of $339, Approval to release Woodsboro Bank LOC in the amount of $39, posted by H. F. Payne Construction Company, Inc. to guarantee Acres of afforestation plantings to Birdseye View Estates, further described in FCA dated 03/13/09. This FCA/Surety has been replaced by YoungHye, LLC, in entirety, per FCA dated October 8, 2013 in the amount of $39, X.1 On a motion made by Alderwoman Aloi and seconded by Alderwoman Krimm the Board unanimously approved 5-0 the Annexation Plan for the Bartgis/Lasick-Rallas Annexation, acres, more or less, being generally known as the Bartgis/Lasick-Rallas Property,

3 located north of the intersection of Walter Martz Road and Christopher s Crossing; continued from October 3, No public comments were received. X.2 On a motion made by Alderwoman Russell and seconded by Alderwoman Krimm the Board unanimously approved 5-0 Resolution for the annexation of the Bargis/Lasick- Rallas Property, acres, more or less, located north of the intersection of Walter Martz Road and Christopher s Crossing with the following change: Paragraph 21 shall read The development shall contain product types permitted in the R-8 district including only single family homes, townhouses, one over two townhouses, two over one townhouses, two over twos, duplexes and triplexes. David Severn spoke on behalf of Hogan Companies, contract purchaser of the properties. Victor White spoke on behalf of Christophers Crossing, LLC. No public comments were received. X.3 On a motion made by Alderwoman Young and seconded by Alderman O Connor the Board unanimously approved 5-0 an agreement with Riverside Health, Inc., a Medical Assistance Managed Care Organization, for the purpose of providing medical care and treatment to Medical Assistance patients. There were no public comments. X.4 On a motion made by Alderwoman Russell and seconded by Alderwoman Aloi the Board unanimously approved 5-0 a Contract with Lawn Perfect Landscaping, LLC for Stream Restoration Program (Bid #14-4). There were no public comments. X.5 On a motion made by Alderwoman Krimm and seconded by Alderwoman Russell the Board unanimously approved 5-0 Ordinance G to amend the Code of The City of Frederick, Appendix A, Land Management Code, Section 864, Sign Regulations for the purpose of exempting signage located at the Harry Grove Stadium from the requirements of this section. There were no public comments. X.6 On a motion made by Alderman O Connor and seconded by Alderwoman Russell the Board unanimously approved 5-0 a contract to purchase 14.5 acres of land located on the east side of Five Forks Road, East of Gambrill Park Road, and North of Stoner Road in the Tuscarora District of Frederick County, Maryland. There were no public comments. X.7 On a motion made by Alderwoman Russell and seconded by Alderman O Connor the Board unanimously approved 5-0 Ordinance G to amend the Frederick City Code by adding Section 7-5, establishing Rules and Procedures for the Recount of Ballots. There were no public comments. XI. On a motion made by Alderman O Connor and seconded by Alderwoman Russell the Board unanimously approved 5-0 the reappointment of the following Neighborhood Advisory Council Coordinators for a two year term of October 18, 2013 to October 17, 2015: NAC 1:Linda Stone, Joan Willoughby NAC 3: Larry Aronow, Beth Conny, Connie Pryor, James McGaughran NAC 4: David Kaye NAC 5: Sharon Glaser, Diana Halleman, Gerald Harris, Belinda Morten, Shauna Tunder, Catherine DiGennaro

4 NAC 6: Rachel Kavanagh NAC 7: Gail Bradley, Don Dean NAC 8: Lance English, Maureen English, Steve Stoyke NAC 10: Teresa Brown, Denise Peterson, Kathy Stewart NAC 11: Truby LaGarde, Ricardo Baiuran On a motion made by Alderwoman Russell and seconded by Alderwoman Young the Board unanimously approved 5-0 the appointment of the following Neighborhood Advisory Council Coordinators for a two year term of October 18, 2013 to October 17, 2015: NAC 6: Erica Panjehshahi NAC 9: Peter Brehm NAC: 10 Jeannie Kelly NAC 11: Darcy Richards XII. During Aldermanic business/comments and new business, Alderwoman Young noted Skyping in to the meeting had been an interesting experience, encouraging the City government to embrace technology as it presents opportunities to make processes more efficient. Alderwoman Russell stated she was glad the experiment with technology had been successful. She went on to remind everyone that on Tuesday at 6:00 p.m. the Neighborhood Advisory Councils would be holding a candidate forum and that the Frederick News Post would be hosting a similar forum on Wednesday evening at Frederick Community College. Finally, she encouraged everyone to vote on November 5. Alderman O Connor applauded Alderwoman Young s ability to participate via technology, noting there was important work going on at the MML conference where officials are working on the Legislative Agenda. Alderwoman Krimm noted she and Alderwoman Russell would be leaving Frederick at 6:00 a.m. to join the MML Conference where she plans to address the issue of double taxation. Alderwoman Aloi thanked Alderwoman Young for being at the conference representing The City of Frederick. She reminded everyone of the election on November 5 and encouraged everyone to vote, stressing that everyone s vote is important. XIII. The Mayor stated that he had received a message from Mike Spurrier s wife thanking everyone at the City for their support. The Mayor went on to remind everyone that the Halloween at Baker Park event would be taking place on October 23, 24 and 25 and that he would be participating. XIV. There were no Committee reports. XV. There were no Director s reports. XVI. General public comments were received. There being no further official business, the meeting was adjourned at 8:31 p.m. Submitted in action format, Phyllis Hane

5 Legislative Clerk

6 MAYOR AND BOARD OF ALDERMEN Closed Session Summary Tuesday, October :00 p.m. Office of the Mayor, City Hall On a motion made by Alderman O Connor and seconded by Alderwoman Krimm the Board voted 4-0 to convene in Closed Session in the Mayor s Office at City Hall for the purpose of discussing the appointment, employment, assignment, promotion, discipline, demotion, compensation, removal, resignation, or performance evaluation of appointees, employees, or officials over whom it has jurisdiction pursuant to Section (a)(1)(i) of the State Government Article, Maryland Annotated Code; and To consult with counsel to obtain legal advice on a legal matter pursuant to Section (a)(7) of the State Government Article, Maryland Annotated Code; and To consult with staff, consultants, or other individuals about pending or potential litigation pursuant to Section (a)(8) of the State Government Article, Maryland Annotated Code. Present were Mayor Randy McClement, Alderwomen Krimm, Aloi and Russell and Alderman O Connor. Alderwoman Young joined the meeting at 2:15 p.m. Others present were City Attorney Saundra Nickols, Legislative Clerk Phyllis Hane, and Chief of Police Thomas Ledwell. Captain Richard Hetherington was there for Item 1 only. Item 1: Promotion of Personnel On a motion made by Alderwoman Russell and seconded by Alderwoman Krimm the Board unanimously approved 4-0 the promotion of Sergeant Joseph M. Evans to the rank of Lieutenant. Item 2: Discussion of Potential Litigation On a motion made by Alderwoman Aloi and seconded by Alderwoman Young the Board unanimously approved 5-0 the authorization of use of outside counsel. The meeting was adjourned at 2:27 p.m. Respectfully submitted, Phyllis Hane Legislative Clerk