OPENPUBLICA · PUBLIC MEETING RECORD
Record of Proceedings

Frederick Mayor and Board of Aldermen Public Meeting - July 6, 2023

City CouncilThursday, July 6, 2023
BodyFrederick, Maryland
SessionCity Council
DateThursday, July 6, 2023
StatusFILED
Video Record

STREAMING COPY IN PREPARATION — RECORDING AVAILABLE FROM THE ORIGINAL SOURCE

Transcript — Verbatim
4:02

Good evening and welcome to the mayor and board of Alderman meeting for the sixth of July.

4:08

We begin with a Pledge of Allegiance.

4:13

I pledge allegiance to the flag of the United States of America and to the republic for which it stands.

4:19

One nation under God.

4:36

We don't have any presentations that were presenting to other people, but I did want to make note of a couple of presentations that the city has been a part of over the last couple of weeks, starting with the recognition of uh our colleague, Alderwoman Donica Zemchak, for her twenty-one years of service in elective office.

5:00

She was recognized at the recently concluded summer conference of the Maryland Municipal League with the Hall of Fame designation for her service to local government.

5:07

So we congratulate you on your service to the city and your service to the residents of the state of Maryland.

5:19

About two weeks ago, or maybe it was last Thursday, it was last Thursday.

5:26

Time flies.

5:42

And while I think all of us up here get to take a little credit for this acknowledgement, the work really goes to Jenny Willoughby and the work that she does in our sustainability department to keep track of everything that we're doing in the area of sustainability in the City of Frederick to be a part of the application process.

6:05

We are on the green registry.

6:07

The opportunity was there to enter the work that we've done to get this leadership award.

6:12

And I'm proud of the work that Jenny and our Department of Public Works and all of our departments across the City of Frederick do every day to help us to achieve recognition like this that is statewide.

6:24

So we very much appreciate the work that she is doing every day on behalf of our community.

6:29

So members of the board, give yourself a round of applause for supporting the efforts along with our community.

6:37

One of the specific programs that the city was recognized for was the uh implementation of the composting pilot program.

6:44

So that's an effort that everyone up here has supported that we're looking to continue to expand.

6:49

Um in the cabinet over there, I didn't bring the plaque down.

6:52

Uh the City of Frederick was recognized at the recent summer conference with uh Banner City Award at Maryland Municipal League.

7:00

That is uh a recognition that uh goes to about 35 to 40 municipalities in the state that acknowledges our uh execution and involvement with the league, which is our statewide advocacy organization for municipal governments across the state of Maryland.

7:17

So that's work in education with elected officials, advocacy at the General Assembly, training to help elected officials across the state do their job better.

7:25

Um, and I'm proud of the work that really the elected officials and our staff do to help us get that banner city recognition as well.

7:32

And last but not least, just this past Monday in a very uh quick ceremony at uh the courthouse, uh Alderman Kelly Russell was sworn in uh by the clerk for a three-year term on the state's commission on correctional standards.

7:52

This is uh a gubernatorial appointment, and we're uh proud any time someone in the city of Frederick is doing something that earns recognition for us, and I think it bodes well for us as an elected body and as a city that we have leaders in various places across our community that are being acknowledged.

8:16

And this is uh an appointment from the Moore Miller administration as well.

8:20

So uh she started a three-year term as of July 1st on the Correctional Standards Commission, uh, a position that's uh allocated to municipal government, and uh we're proud that uh the city of Frederick was selected to hold that seat.

8:34

You can tell us a little bit more about what the commission size and makeup is if you know at this point since it's brand new, but we have this beautiful governor's citation.

8:44

So I'm gonna just stand up and present this to you.

8:58

Come this direction.

9:04

Thank you, Mary.

9:09

So every day, good things happening in the city of Frederick.

9:12

Uh minutes to approve June 1st, 2023.

9:16

So move.

9:17

So move.

9:20

Second.

9:20

Motion by Alderman Shackleberg, second by Alman Russell.

9:22

All those in favor.

9:24

That is 4-0 with one abstention.

9:26

Alderwoman Kazemchuk.

9:28

Report of closed meetings.

9:30

Um good news.

9:33

This is the last time you're gonna have to hear me read one of these.

9:36

We did a little research and we found out that it's not necessary that we read these into the record every time we do one of these things.

9:42

That if we just attach them, include them with the minutes, that's sufficient.

9:46

So we'll acknowledge on the agenda when there is a report of a closed session that is part of that agenda, so that people can read that summer if they want to, but um, you'll be pleased to know that you won't have to hear me read these in the future.

10:00

Mayor and Board of Alderman closed session summary Thursday, June 15th, 2023 at 6 p.m.

10:04

On a motion made by Alderman Shackelford, seconded by Alderman McShane.

10:07

The board voted three to zero with Alderwoman Nash and Kazemchak not present to convene in closed session for the purpose of discussing the appointment, employment, assignment, promotion, discipline, demotion, compensation, removal resignation, or performance evaluation of appointee employer official over whom it has jurisdiction.

10:23

Present were Mayor Michael O'Connor and Alderman Kelly Russell, Alderman, Derek Shackleford and Alderman Ben McShane, others present with Rachel Nesson, City Attorney, Phyllis Hain City Clerk, Tracy Coleman, Deputy Director for Engineering and Operations, Jason Michael, Assistant Deputy Director of Operations Treatment Plants, and Karen Paulson, Director of Human Resources.

10:39

The topic for discussion was compensation of personnel.

10:41

The reason for closing the meeting was to allow the board to candidly discuss the compensation package for potential employee while maintaining the potential employees' privacy.

10:48

Motion made by Alderman McShane, seconded by Alderman Russell.

10:51

The board approved 3 0 the requested compensation package.

10:54

The meeting was adjourned at 6 22 p.m.

10:56

respectfully submitted Phyllis Hain City Clerk.

10:58

So I hope that just because I'm not going to read those out loud in the future that people won't take the time to go find them on our agendas and read them.

11:06

Phyllis does a great job preparing those.

11:07

Thank you for that.

11:09

Mayor's comments.

11:21

Fireworks and picnics and those sorts of things.

Discussion Breakdown — Share of Meeting
Transportation and Traffic████████████████████████24%
Transportation Safety████████████████████20%
Public Comment█████████████████17%
Procedural███████████████15%
Public Safety████████8%
Public Engagement█████5%
Sustainability Initiatives███3%
Personnel Matters███3%
Public Works███3%
Summary of Proceedings

Frederick Mayor and Board of Aldermen Public Meeting - July 6, 2023

The Mayor and Board of Aldermen of Frederick, Maryland held a public meeting on July 6, 2023, at 7:00 PM. The meeting included approvals of consent items, public hearings on sewer connections, a position schedule amendment, and a commercial vehicle ordinance, as well as appointments and public comments. Key votes were unanimous.

Consent Calendar

  • Approval of Minutes (June 1, 2023): Approved 4-0 with one abstention (Alderwoman Zemchak).
  • Report of Closed Meetings (June 15, 2023): Acknowledged; future reports will be attached to agendas rather than read aloud.
  • Release of Sureties: Approved 5-0 to release a $224,221.21 surety from Liberty Mutual Insurance Company posted by Dan Ryan Builders Mid-Atlantic, LLC for the Spring Bank project.
  • Special Ordinance: Approved 5-0 to amend the FY2024 budget for the Frederick Police Department to include revenue and expenditures from the Town of New Market speed camera program.

Public Comments & Testimony

First Public Comment Period (General)

  • Gail Bradley (24 West 12th Street) spoke against a proposed traffic oval at the intersection of Moter Avenue and 13th Street, stating that neighbors overwhelmingly oppose it. She argued the oval would increase traffic speeds in a residential area with speed bumps and endanger senior citizens and student drivers. She requested funding be redirected.

Second Public Comment Period (During Commercial Vehicle Ordinance)

  • Gail Bradley thanked staff for addressing the commercial vehicle issue and requested that warning signs be placed before truck turn-offs, as large trucks cannot reverse onto major roads.
  • David Calwell (13th Street resident since 1999) reported counting 2,500 cars and 25 heavy trucks (12,000–26,000 lbs) on 13th Street in a 12-hour period. He noted foundation damage to his home from vibrations and safety concerns for nearby schools.
  • Craig Caven (13th Street) reiterated the problem and suggested traffic-calming devices like those on Fairview Avenue.
  • Maria Cummerfeld (formerly spoke earlier) opposed the traffic oval and supported eliminating truck traffic, possibly through cameras.
  • Mike Bradley (24 West 12th Street) supported the ordinance, saying truckers will learn once warning tickets are issued. He linked the issue to the proposed oval and requested a phased approach.
  • Andrew Baer (near Thomas Johnson High School) expressed concern that the 26,000-pound threshold excludes smaller commercial trucks (e.g., delivery vehicles) and suggested class 4 or 5 as a starting point. He emphasized the need for a long-term traffic vision for the northern side of the city.
  • Maggie Leppard (110 West 13th Street) presented photos of 20 trucks captured on June 28, 2023, including semi-trucks and box trucks, noting noise, shaking, and the speed at which they travel over speed bumps. She urged enforcement.
  • Mike Banitzki (108 West 13th Street, a newer resident) described constant noise from speed bumps and a recent incident where a large truck tore branches off a tree in front of his house.

Discussion Items

1. Sewer Connection Agreements for 7821 and 7825 Rocky Springs Road Eva Mortenson, Supervisor of Utility Engineering, presented two agreements for sewer connections due to failing septic systems. The properties are near the Whittier subdivision. County residents will bear all construction costs and pay double the normal quarterly fee per City Code Chapter 20. Staff recommended approval. Alderman Russell noted that the agreements omitted the residents’ names; the mayor confirmed the contracts are between the city and the current residents. The board approved both agreements 5-0 after motions to include the residents’ names.

2. FY2024 Position Schedule Amendment – Department of Housing and Human Services Director Romantic Catallo proposed combining the Manager of Child and Adult Nutrition and the Supervisor of Food and Nutrition into one position, upgraded from grade 5 to grade 6 (a 10% increase for the filled position) to increase efficiency. The ordinance was approved 5-0 without public comment.

3. Commercial Vehicle Ordinance Amendment (Section 13-14) Captain Kirk Henneberry (Frederick Police Department) explained that the existing ordinance was unenforceable because it referenced ambiguous weight and capacity limits. The amendment adopts the state definition of a commercial vehicle (over 26,000 lbs, requiring a Class B license) and allows officers to use Maryland uniform traffic citations. New signage will replace outdated signs, and enforcement will focus on neighborhoods between commerce hubs and highways, using a 30-day warning period followed by selective enforcement. Questions from aldermen:

  • Alderman Shackelford asked about sign inventory and officer training; Tracy Coleman confirmed an ongoing sign inventory and that obsolete signs will be removed with communication to residents.
  • Alderwoman Nash raised concerns about diverting traffic to other neighborhoods; Captain Henneberry said truck route signs would help.
  • Alderwoman Zemchak asked about the number of affected blocks; Captain Henneberry estimated 10–300, starting with high-complaint areas like 13th Street.
  • Alderman Russell noted the need to coordinate with traffic engineering and the online reporting portal.
  • The mayor clarified that the public comment period for the Moter Avenue corridor traffic oval remains open and that the proposal is not final.

Key Outcomes

  • Sewer agreements (2 votes): Approved 5-0 each, with residents’ names to be added.
  • Position schedule amendment: Approved 5-0.
  • Commercial vehicle ordinance: Approved 5-0, with a warning period and selective enforcement to follow.
  • Appointment – Joseph Peterson: Approved 5-0 for a three-year term on the Public Art Commission (July 7, 2023 – July 6, 2026).
  • Mayor’s comments: Recognized Alderwoman Zemchak for 21 years of service (Maryland Municipal League Hall of Fame), the city’s sustainability leadership award (including a composting pilot), the Banner City Award, and Alderman Russell’s appointment to the state Correctional Standards Commission.

Aldermanic Comments

  • Alderwoman Zemchak: Thanked residents for their advocacy, noting her own experience living near Moter Avenue.
  • Alderwoman Nash: Reminded that school will resume soon and committed to walking pedestrian routes with Zemchak to identify pain points.

Final Public Comments

  • Gail Bradley requested a follow-up neighborhood meeting with the engineering department to review comments on the traffic oval proposal.

The meeting adjourned.

Meeting Transcript

Good evening and welcome to the mayor and board of Alderman meeting for the sixth of July. We begin with a 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. We don't have any presentations that were presenting to other people, but I did want to make note of a couple of presentations that the city has been a part of over the last couple of weeks, starting with the recognition of uh our colleague, Alderwoman Donica Zemchak, for her twenty-one years of service in elective office. She was recognized at the recently concluded summer conference of the Maryland Municipal League with the Hall of Fame designation for her service to local government. So we congratulate you on your service to the city and your service to the residents of the state of Maryland. About two weeks ago, or maybe it was last Thursday, it was last Thursday. Time flies. And while I think all of us up here get to take a little credit for this acknowledgement, the work really goes to Jenny Willoughby and the work that she does in our sustainability department to keep track of everything that we're doing in the area of sustainability in the City of Frederick to be a part of the application process. We are on the green registry. The opportunity was there to enter the work that we've done to get this leadership award. And I'm proud of the work that Jenny and our Department of Public Works and all of our departments across the City of Frederick do every day to help us to achieve recognition like this that is statewide. So we very much appreciate the work that she is doing every day on behalf of our community. So members of the board, give yourself a round of applause for supporting the efforts along with our community. One of the specific programs that the city was recognized for was the uh implementation of the composting pilot program. So that's an effort that everyone up here has supported that we're looking to continue to expand. Um in the cabinet over there, I didn't bring the plaque down. Uh the City of Frederick was recognized at the recent summer conference with uh Banner City Award at Maryland Municipal League. That is uh a recognition that uh goes to about 35 to 40 municipalities in the state that acknowledges our uh execution and involvement with the league, which is our statewide advocacy organization for municipal governments across the state of Maryland. So that's work in education with elected officials, advocacy at the General Assembly, training to help elected officials across the state do their job better. Um, and I'm proud of the work that really the elected officials and our staff do to help us get that banner city recognition as well. And last but not least, just this past Monday in a very uh quick ceremony at uh the courthouse, uh Alderman Kelly Russell was sworn in uh by the clerk for a three-year term on the state's commission on correctional standards. This is uh a gubernatorial appointment, and we're uh proud any time someone in the city of Frederick is doing something that earns recognition for us, and I think it bodes well for us as an elected body and as a city that we have leaders in various places across our community that are being acknowledged. And this is uh an appointment from the Moore Miller administration as well. So uh she started a three-year term as of July 1st on the Correctional Standards Commission, uh, a position that's uh allocated to municipal government, and uh we're proud that uh the city of Frederick was selected to hold that seat. You can tell us a little bit more about what the commission size and makeup is if you know at this point since it's brand new, but we have this beautiful governor's citation. So I'm gonna just stand up and present this to you. Come this direction. Thank you, Mary. So every day, good things happening in the city of Frederick. Uh minutes to approve June 1st, 2023. So move. So move. Second. Motion by Alderman Shackleberg, second by Alman Russell. All those in favor. That is 4-0 with one abstention. Alderwoman Kazemchuk. Report of closed meetings. Um good news. This is the last time you're gonna have to hear me read one of these. We did a little research and we found out that it's not necessary that we read these into the record every time we do one of these things. That if we just attach them, include them with the minutes, that's sufficient. So we'll acknowledge on the agenda when there is a report of a closed session that is part of that agenda, so that people can read that summer if they want to, but um, you'll be pleased to know that you won't have to hear me read these in the future. Mayor and Board of Alderman closed session summary Thursday, June 15th, 2023 at 6 p.m. On a motion made by Alderman Shackelford, seconded by Alderman McShane. The board voted three to zero with Alderwoman Nash and Kazemchak not present to convene in closed session for the purpose of discussing the appointment, employment, assignment, promotion, discipline, demotion, compensation, removal resignation, or performance evaluation of appointee employer official over whom it has jurisdiction. Present were Mayor Michael O'Connor and Alderman Kelly Russell, Alderman, Derek Shackleford and Alderman Ben McShane, others present with Rachel Nesson, City Attorney, Phyllis Hain City Clerk, Tracy Coleman, Deputy Director for Engineering and Operations, Jason Michael, Assistant Deputy Director of Operations Treatment Plants, and Karen Paulson, Director of Human Resources. The topic for discussion was compensation of personnel.

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