Frederick Mayor and Board of Aldermen Public Meeting – June 15, 2023
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Frederick Mayor and Board of Aldermen Public Meeting – June 15, 2023
The Mayor and Board of Aldermen of Frederick, Maryland, convened a public meeting on Thursday, June 15, 2023, at 7:00 P.M. at City Hall. The board approved the consent agenda, seven public hearing items, and two appointments to the Weinberg Center for the Arts Board of Directors. Notable actions included a 3–1 vote to amend the rental licensing ordinance and unanimous approval of infrastructure contracts and redevelopment-related code changes. No members of the public offered comments during the designated public comment periods.
Consent Calendar
- Grants: Approved a USDA NRCS Urban Agriculture and Innovation Production Grant for the Frederick Residential Compost Pilot Expansion Project.
- Release of Sureties: Approved release of a $65,436.15 surety from Frederick County Bank posted by Zahler Construction & Development, LLC for the Millie's Delight Entire Site project, and a $19,103.51 surety from Great American Insurance Company posted by Land Bay B, LLC for Kellerton City Park, Phase 1, Parcels A & B.
- Alcohol on City Property: Approved consumption of alcohol on the city lot adjacent to the MARC train station for the Lambda Car Club event on June 24, 2023.
All consent items were approved by a 4–0 vote.
Public Comments & Testimony
No members of the public came forward during either of the two public comment opportunities (before the consent agenda and after the public hearing). No public testimony was offered on any of the public hearing items.
Discussion Items
This section covers the seven public hearing items.
1. Ballenger Creek Interconnect Pump Station Contract
The board approved a contract with Bright Masonry Inc. for $2,547,573.00 for construction services associated with the Ballenger Creek Interconnect Pump Station (IFB 23-10 / CIP# 360023). Ron Wingfield, DPW Projects Manager, explained the pump station will enable reliable water transfer through the county's interconnect per the Potomac River Water Supply Agreement. The motion passed 4–0.
2. Opossumtown Pike Streetlight Replacement
The board approved a contract with RIFE International LLC for the purchase and installation of 161 lighting fixtures on 30-foot light poles on Opossumtown Pike. Sustainability Manager Jenny Willoughby noted the project is funded by a previously approved MEA grant of $166,250 and will replace high-pressure sodium lights with LEDs. Approved 4–0.
3. Water Loss Reduction (North East Street)
The board approved an agreement with Mid-Atlantic Utilities, Inc. in a not-to-exceed amount of $3,797,495 and a purchase order of $3,999,495 for water loss reduction (RFP 23-K / CIP 360009). Ben Arneson, Superintendent of Water Services, said the project will upgrade the 12-inch water line on East Street to 16-inch. In response to a question from Alderman Russell about street excavation, Arneson stated the new line will be run beside the rails and trails rather than under East Street, and the existing pipe will be abandoned in place. Approved 4–0.
4. Parking Deck Wayfinding
The board approved a contract with Roe Marketing Group dba Berry and Homer for $123,368 for parking deck wayfinding (IFB 23-8). Mark Diacampo of the Office of the Mayor and Karen Norman of Downtown Frederick Partnership presented the project, which continues wayfinding wrap murals in the Court Street and East All Saints Street garages. Funding comes from the parking fund across FY22 and FY23 budgets. Approved 4–0.
5. Rental Licensing Ordinance Amendment
The board approved an ordinance to amend Chapter 12.5 of the City Code concerning rental licensing. Mark Diacampo, with Rachel Nesson and Zach Kirshner, presented the amendments developed by an ad hoc working group convened October 18, 2022, following adoption of the original ordinance on August 4, 2022. Alderman Russell voiced opposition, citing an anecdote about a landlord raising rent by $1,000 per month ($12,000 per year) out of fear of inspections. He praised the working group's effort but said his concerns remained. The motion passed 3–1, with Aldermen McShane, Nash, and Shackelford in favor and Alderman Russell opposed.
6. Rezoning of 430 Pine Avenue
The board approved an ordinance to remove the Institutional (IST) floating zone at 430 Pine Avenue, reverting the property to Light Industrial (M1) base zoning. Gabrielle Collar presented staff findings; applicant's attorney Bruce Dean and property owners Charles and Kim Kreitz of Kreitz Auto spoke in support. The property was previously owned by Frederick County and sold to the Kreitzes for auto repair, detailing, and storage. The board found the institutional use discontinued, the proposed use consistent with M1, and the reversion in harmony with the comprehensive plan. Approved 4–0.
7. Mixed Use Districts (MU-1 and MU-2) Modifications
The board approved an ordinance amending Article 4, Section 417 and Article 10, Section 1002 of the Land Management Code to allow the Planning Commission or Mayor and Board to grant modifications to certain design standards during redevelopment, subject to three criteria: consistency with the purpose of Section 417, implementation of the comprehensive plan, and provision of compensating design features. The ordinance also refines the definition of "redevelopment." The change was prompted by the pending Westridge Square project; applicant representatives including Bruce Dean explained that without this amendment, redevelopment of a portion of the site would create non-conformities, and Dean noted that current rules could force demolition of a building damaged beyond 50% of its value, conflicting with lease obligations and hampering financing. Aldermen expressed strong support for the flexibility as a tool to encourage redevelopment consistent with the 2020 comprehensive plan. The Planning Commission recommended approval. Approved 4–0.
Appointments
- Paul Fulcher was appointed to the Board of Directors of Weinberg Center for the Arts, Inc., completing a term expiring June 30, 2023 and a subsequent term July 1, 2023 to June 30, 2026.
- Ryan Dodd was appointed to complete a term expiring June 30, 2024 and a subsequent term July 1, 2024 to June 30, 2027.
Both appointments were approved 4–0.
Key Outcomes
- Minutes of the May 18, 2023 public meeting were approved 3–0 (with two aldermen initially absent).
- All consent agenda items were approved 4–0.
- All seven public hearing items were approved; the rental licensing ordinance amendment passed 3–1.
- Two appointments to the Weinberg Center Board of Directors were approved 4–0.
- City offices will be closed Monday, June 19, in observance of Juneteenth.
Meeting Transcript
Good evening and welcome to the mayor and board of alderman public meeting for the 15th of June. We begin with the Pledge of Allegiance. I pledge allegiance to the flag of the United States of America. And to the republic for which it stands. One nation under God. Invisible with liberty and justice for we have minutes to approve May 18th, 2023 public meeting. So moved. Second. Motion by Alderman Shackerford, second by Alderman Russell. All those in favor. That is 3-0. Alderman McShane. We expect to be joining us shortly dealing with uh some quick family issues. And Alderwoman Kazemchak has notified us that she will not be present for this evening's meeting due to uh quarantine. Mayor's comments. Uh this weekend uh city offices will be closed on Monday in observance of the Juneteenth holiday. Juneteenth for those who are not aware is the acknowledgement of the day that the emancipation proclamation actually reached the final enslaved residents of Galveston, Texas. And uh that proclamation then applied to all. It is uh often considered uh by many to be uh the black independence day uh as opposed to the July 4th celebration that uh was not really eligible for everyone who lived in America at that time. So uh we take time on uh June 19th, which is Monday, Juneteenth, to uh acknowledge uh our history and uh encourage uh residents to take advantage of uh a variety of activities that are occurring around uh the area over the weekend in acknowledgement of that celebration. Alderman Russell Thank you. Just remind everybody that tomorrow Friday is Food Truck Friday. There'll be food trucks at Baker Park. Join me. Alderwoman Ash. As many of us know, uh Frederick is a fantastic baseball town, and no one is a bigger fan of baseball than our mayor, and so I just wanted to say let's go O's tonight. So we had a big win today. I'm trying, Mayor. I'm really trying. They want they they won today, Alderman Shackelford. How about that? Do you have a different team that you support? Alderman Shackelfords. Let's talk about this in August. Um this is a baseball town. I've got my thoughts all twisted up because I don't want to say something brilliantly about just as much as they count in August. Um, one is uh Mayor, I'm so glad that you mentioned that uh Monday is uh Juneteenth, and the city has recognized that as a holiday. I think that's um so important, particularly from a historical standpoint, and for all of us to recognize and realize and and take the opportunity to reflect and also to learn about history and why this day is is so important to our nation's history as well. Um second, I just want to um wish all fathers a happy father's day on Sunday. Thank you. Thank you. Alderman McShane. Thank you. We have two opportunities for public comment. It is a chance for anyone to address the mayor and board about any item, whether it is on this evening's agenda or not. We ask speakers to give their name and a general address for the record, or mind you the proceedings are being telecast and recorded. Speak clearly into the microphone, which if it works the way it's supposed to, you don't have to do anything. You just walk up, you start talking. Comments are limited to five minutes per individual. You may also use the e-comp and feature on the city's website attached to our agendas for each of our meetings.
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