Frederick Mayor and Board of Aldermen Public Meeting - May 4, 2023
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Frederick Mayor and Board of Aldermen Public Meeting - May 4, 2023
The Mayor and Board of Aldermen of Frederick, Maryland, held a public meeting on Thursday, May 4, 2023, at 7:00 PM at City Hall. The meeting included approval of minutes, reports on closed sessions, consent agenda items, a public hearing on six items, appointments to boards, and public comments. The most significant action was the introduction and passage of an ordinance banning single-use plastic carryout bags, though the original hybrid ban with a 10-cent fee failed and a revised ban without a fee was adopted.
Consent Calendar
- Approved the minutes of the April 6, 2023 public meeting (5-0).
- Heard reports of closed sessions held on April 26, 2023 (legal advice on litigation) and May 3, 2023 (personnel/compensation).
- Approved consent agenda items:
- A. Alcohol in City Parks: Approval for the Asian American Center of Frederick to sell and serve beer at its Thai New Year Festival on June 3, 2023 at Carroll Creek Linear Park (5-0).
- B. Special Ordinance: Approval of an amendment to the FY23 budget for revenues and expenditures related to the Community Development Block Grant (CDBG) program (5-0).
Public Comments & Testimony
- First round (general): None registered for general comment; one speaker deferred to the bag ban item.
- Public hearing on bag ban: Numerous residents and organization representatives spoke:
- Sarah Price (Maryland Retailers Association): Strongly supported the hybrid ban with a 10-cent fee; urged maintaining the fee to drive behavior change and level the playing field for businesses.
- Brendan Mahoney (Restaurant Association of Maryland): Opposed the bag fee for restaurants due to cross-contamination concerns with reusable bags; requested either a restaurant exemption or adoption of the no-fee version.
- Roberta Huber (Frederick resident): Supported the legislation with a fee, citing personal experience in Germany and Montgomery County.
- Annette Breling (Iamsville resident): Supported the ordinance, urged Frederick to lead by example for the county.
- Carrie Hesley (Sierra Club Catocton Group): Emphasized that 29 million plastic bags are distributed in Frederick annually; supported the hybrid bill for behavior change and environmental benefits; noted that enforcement can rely on education.
- Patrice Gallagher (Downtown Frederick Partnership): Supported the hybrid bill; pointed to successful education campaigns in Salisbury and Easton, Maryland.
- Caitlin Lapham (Frederick resident): Supported the ban, linking plastic to health issues; supported the fee as an incentive.
- Tim Gibbeon (Frederick resident): Urged passage of the hybrid bill, aligning Frederick with the city's 2030 strategic plan.
- Additional speakers supporting the hybrid bill: Vanessa (Adamstown), Barb Trader (Frederick), Davin Ferris (high school student), Jan Rubenstein (Westminster resident).
- Greg Brown (business owner in hospitality): Opposed the 10-cent fee, preferring the no-fee version; argued that a statewide approach would be fairer to small businesses.
- Karen Cannon (Mobilize Frederick): Supported the ban as a climate measure.
- Another speaker (Sierra Club member): Suggested credits for bringing own bags and education for low-income residents.
- Kara Norman (Downtown Frederick Partnership): Noted strong support for the ban among downtown businesses but not the fee; raised concerns about a January 1 implementation date clashing with holiday marketing.
- Steve Jacobsick (Frederick resident): Supported the hybrid bill, citing sufficient time for education before January.
- Second round (general): Kiki Wilson spoke urging a sense of urgency for a new library in District 3.
Discussion Items
- Aldermanic Business/Comments:
- Alderwoman Nash provided an update on legislative process reform, referencing Resolution 1709 (2017) and noting a Charter Review Commission report expected in November 2023.
- Alderman Russell recognized May 5 as Fallen Heroes Day; Alderman Shackelford mentioned the upcoming Asian American festival.
- Public Hearing Items:
- MOU for Homeless Services (Alan P. Linton Emergency Shelter): Alderwoman Nash expressed concerns about reported mistreatment of LGBTQ individuals at the shelter. Staff noted the MOU includes quarterly meetings to address such issues. Approved 5-0.
- CDBG FY23 Annual Action Plan: Discussion arose because the enabling resolution had not been made public. The resolution was read into the record. The plan allocates $442,501 in federal CDBG funds. Approved 5-0.
- Well Abandonment Contract: Contract awarded to Easterday-Wilson Well Drilling LLC for $76,586 to abandon 11 wells in Monocacy Park and River Walk Park. The project came in well under the $250,000 budget. Approved 5-0.
- Stream Restoration Planning Amendment: Amendment to add 500 linear feet of Abraham Faw Run in Monocacy Village Park to the existing Carroll Creek restoration contract. Funded by a grant; expected to yield environmental and NPDES permit benefits. Approved 5-0.
- Single-Use Plastic Carryout Bag Ban Ordinance: The board considered two versions: a hybrid ban (plastic bag ban + 10-cent fee on alternatives) presented by Alderwoman Kazemchak, and an alternative version (ban without fee). After extensive debate and public comment:
- A motion to approve the hybrid ordinance (11.5.b) with removal of definition subitems C, F, and G failed 2-3 (Alderwoman Nash, Alderwoman O'Connor? Actually transcript: Alderwoman Nash and Alderwoman Kazemchak voted for? Wait:
Meeting Transcript
Good evening and welcome to the mayor and board of alderman public meeting for the fourth of May. We begin with the Pledge of Allegiance. I pledge to the fly of the United States of America. And to the Republican for the standards. One nation. Underground individual with liberty and justice for all the questions. We have minutes to approve April 6th, 2023 public meeting. Second. Motion by Alderman CasemChack, second by Alderman Shackford. All those in favor? That's five zero. Thank you very much. We have two reports of closed session. Number one, Mayor and Board of Alderman closed session summary Wednesday, April 26th, 2023 or 425 on a motion made by Alderwoman Kazemcheck. Seconded by Alderman Shackletford, the board voted five to zero to convene in closed session for the purpose of consulting with counsel to obtain legal advice and consulting with staff consultants and other individuals about pending or potential litigation. Pursuant to sections 3-305-B7 and 3-305B8, respectively, the general provisions article of the Maryland Annotated Code. The reason for closing the meeting was to discuss potential litigation and provide an opportunity for the Board of Alderman to provide guidance and obtain legal advice with respect to such litigation and directly related matters. Public disclosure of such conversations may adversely affect the city's position in litigation. President were Mayor Michael O'Connor and Alderwoman Katie Nash, Alderman Kelly Russell, Alderman Derek Shackford, Alderwoman Donna Kazemchick, and Alderman Ben McShane. Others present were Rachel Nesson, City Attorney, Phyllis Haynes, City Clerk, Scott Waxter Assistant City Attorney, and Romantico Trail Director of Housing and Human Services. Topic for discussion was legal advice litigation on a motion made by Alderwoman Ash, seconded by Alderman McShane. The board voted 5 to 0 to approve retention of outside council to pursue litigation if necessary. The meeting was adjourned at 517 p.m. respectfully submitted Phyllis Hain legislative clerk. Number two, Mayor and Board of Alderman closed session summary Wednesday, May 3rd, 2023, 2 p.m. on a motion made by Alderwoman Kazemchak, seconded by Alderman Shackleford. The board voted 3 to 0 with Alderwoman Nash and Alderman McShane not present to convene in closed session for the purpose of discussion the appointment, employment, assignment, promotion, discipline, demotion, compensation, removal, resignation, or performance evaluation of an appointee, employee, or official over whom it has jurisdiction. To allow the board to candidly discuss the qualifications of an applicant for employment and the appropriate salary for that individual while maintaining the potential employees' privacy. Present were Mayor Michael O'Connor and Alderman Kelly Russell, Alderman Derek Shackerford, and Alderwoman Donna Kazemchak. Alderwoman Nash was absent from the vote to convene but participated in the closed session in its entirety. Alderman McShane was not present. Others present were Rachel Nessen, City Attorney Phyllis Haynes City Clerk, Tracy Colman, Deputy Director of Engineering Operations, and Karen Pulsar, Director of Human Resources. The topic for discussion was compensation and personnel on a motion made by Alderwoman Kazemcheck, second by Alderman Russell. The board voted four to zero on an offer in employment at the requested salary. The meeting was adjourned at 2 24 p.m. Respectfully submitted Phyllis Hayne City Clerk. Mayor's comments. Be alert. The world needs more alerts. Aldermanic business and comments, Alderman McShane. No comments, thank you. Alderwoman Kazemchak. You just showed our age. No, I showed him. The world needs more alert. That's your comment. That's it. Alderman Shackelford. Yes, you mentioned about uh Asian American uh celebration here on the creek, and after that I will run into Marathon on Sunday after eating all that good food. No, that's not true.
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