Frederick City Council Public Meeting Summary - December 21, 2023

The Mayor and Board of Aldermen held a public meeting on December 21, 2023, at 7:00 PM. The meeting included the approval of minutes from October 19, 2023, a presentation to retiring Deputy Director Joe Adkins, and a series of public hearings. Key actions included approving two large annexations (Toms and Mercer properties), adopting revised Board rules of procedure, accepting parkland dedications, and approving several contracts and agreements. All votes were 4-0 unless otherwise noted, with Alderman McShane absent.

Consent Calendar

• Acceptance of Parkland: Approved the acceptance of 7.61 acres of parkland at Sycamore Ridge, Phase 1, and 72.5857 acres of parkland at Worman’s Mill.

Public Comments & Testimony

• John Vanderberg (Frederick City resident, Charter Review Committee member): Expressed appreciation for Alderwoman Nash’s work on the education commission and disagreed with the Mayor’s characterization that separating legislative and executive branches creates an adversarial process. Urged continued charter review to create a transparent legislative process.
• Unnamed city resident: Thanked the board for maintaining the $1.25 per square foot regional road improvement fee for the Mercer annexation, stating they felt the same way about not asking city residents to pay for county improvements.

Discussion Items

1. Approval of IFB 23-665, Methanol Purchase (Item XI-1)

• Project Description: Zachary Schlei, Superintendent of Wastewater Treatment, presented the purchase of methanol from Univar Solutions USA Inc. for the wastewater treatment plant. Methanol is used for denitrification to meet effluent limits. The price was $1.60 per gallon (4 cents below the Methanex index). Annual usage is approximately 55,000 gallons, with a budget of $175,000.
• Discussion: Alderman McSemchek questioned why the budget remains the same despite a low per-gallon cost. Staff noted the cost difference is insufficient to warrant a budget increase. Alderwoman Russell highlighted the science career opportunities in wastewater treatment.
• Outcome: Approved 4-0.

2. Memorandum of Understanding with Mental Health Association – Child Care Incentive Program (Item XI-2)

• Project Description: The city allocates $10,000 annually to the Mental Health Association’s Child Care Choices program. The MOU continues this partnership, providing incentives for child care providers to advance through the state’s Excel program, improving quality ratings.
• Discussion: Alderman Shackelford requested more information on how many providers are served. Staff agreed to provide details during budget discussions.
• Outcome: Approved 4-0.

3. Revised Board of Aldermen Rules of Procedure (Item XI-3)

• Proposal: City Attorney Rachel Nesson presented a resolution adopting revised rules. Key changes include allowing remote participation, a censure process for code of civility violations, streamlined discussion/voting details in an attachment, and a new ordinance adoption process with introduction, second reading, and third reading.
• Discussion: Lengthy debate focused on several sections:
  • Section 11.4 (Public Presentations): Alderwoman Nash opposed allowing representatives of organizations to present at public hearings, calling it an unfair advantage for lobbyists. She stated it felt like “lobbyists would be able to come to the floor.” Alderwoman Russell and Alderman Shackelford supported it, noting that developers already present and that the board can invite groups. Alderman McSemchek said he could support it if a board member sponsors the legislation.
  • Section 12.8 (Introduction of Ordinances): Alderwoman Nash argued the charter does not give the mayor authority to introduce legislation, citing Article 2, Section 1. She proposed removing “or the mayor” but later agreed to defer the issue to charter review. The city attorney offered a nuanced interpretation.
  • Section 12.10 (Second Reading Amendments): Alderwoman Nash objected to language allowing the board to “make amendments to the ordinance” at second reading, as it could allow passing something without proper public notice. She said “anything passed, make amendments to the ordinance is just a no for me.” Alderwoman Russell concurred.
  • Section 12.11 (Third Reading): Concerns were raised that a third reading effectively becomes a consent agenda if no substantial changes can be made. The board ultimately voted to strike language after “previously discussed” in both sections.
• Amendments and Vote: Alderman McSemchek moved to approve with changes: strike “make amendments to the ordinance” after 12.10 and strike everything after “previously discussed” in 12.11. Seconded by Alderman Shackelford. The motion passed 3-0 (Alderman Russell abstained, Alderwoman Nash opposed, but the motion carried with three in favor).
• Outcome: Approved as amended 3-0 (with one abstention).

4. Amendment to Contract of Sale – Fisher Building (Item XI-4)

• Project Description: Mark DeCampo, Director of Strategic Planning, explained that the city acquired the Fisher Building in the 1990s and awarded it to Fitzgerald Heavy Timber Construction in 2008 for rehabilitation. Two requirements remain unmet: Maryland Historical Trust tax credits (no longer available) and water/sewer connection (requires clear title for construction loan). The amendment strikes the tax credit requirement and allows the sale with water/sewer connection bonded, with Fitzgerald having one year to complete the connection or the city will do it.
• Outcome: Approved 4-0.

5. Acceptance of Parkland – Bloomfields Age-Restricted Community (Item XI-5)

• Project Description: Pam Rupert (Planning) presented the acceptance of 8.58 acres of parkland, including 5.74 acres of forest conservation easements, as part of Bloomfields Sections 2 and 3. The developer is providing 45 acres of public dedications (15 acres for a school, 30 acres for parkland). The 8.58 acres are within the 30-acre parkland and are in a stream buffer priority planting area for afforestation.
• Discussion: Alderman McSemchek raised concerns about “double dipping” – using parkland for both forest conservation and park dedication. He asked why the city should accept parkland that is also serving as afforestation. Staff and the applicant (Craig Walsleben, Rogers Consulting) explained that the annexation agreement and master plan always intended this area to be passive parkland with trees. The applicant noted they are providing 124 acres of open space versus 34 required. Alderman McSemchek remained unconvinced, stating the active parkland acreage is reduced.
• Outcome: Motion to approve by Alderman Russell, seconded by Alderman Shackelford. Passed 3-2 (Alderman McSemchek and Alderwoman Nash opposed).

6. Fee in Lieu of Parkland Dedication – Madison on North Market (Item XI-6)

• Project Description: Approval of a resolution setting the fee in lieu of parkland dedication for the mixed-use development at 1724 N. Market Street. The appraisal by McPherson Associates was used.
• Outcome: Approved 4-0.

7. Annexation of Toms Property (136.6 acres, Gas House Pike) (Item XI-7)

• Three parts: Annexation Agreement, Annexation Plan, Annexation Resolution. All approved 4-0.
• Discussion (Agreement): Key issues included:
  • Regional Road Improvement Fee: Staff recommended $1.25 per square foot with no cap on CPI escalation starting at annexation. The applicant proposed a 7.5% cap and escalation starting at building permit. Compromise: escalation commences at time of annexation with a 7.5% cap. Approved.
  • Forest Conservation: Language requiring on-site afforestation unless commercially unfeasible (due to airport restrictions) was clarified. Staff and board accepted the language with Alderwoman Nash’s suggestion to add “with the consent of the city, not unreasonably withheld.”
  • Express Approval: Added “County” to Frederick in the sentence regarding express approval.
• Annexation Plan and Resolution: Approved with minor corrections (removing superfluous paragraphs 8 and 9).

8. Annexation of Mercer Property (106.6 acres, Linganore Road) (Item XI-8)

• Three parts: Annexation Agreement, Annexation Plan, Annexation Resolution. All approved 4-0.
• Discussion (Agreement): The main dispute was whether to reduce the city’s regional road fee from $1.25 to $1.05 per square foot to offset a $158,000 request from Frederick County for improvements to the Meadow Road/I-70 interchange. The applicant argued the county’s request was unfair because the development will only have emergency access to Linganore Road, not full connection. Staff recommended keeping $1.25 and treating the county request separately. Alderman McSemchek and Alderwoman Nash agreed, stating the city should not pay for county improvements. Compromise: The agreement includes a new paragraph C (page 3) requiring the applicant to pay the city an amount not to exceed 20 cents per square foot (i.e., up to $158,000) to be forwarded to the county. The city’s fee remains $1.25. Escalation and cap same as Toms (start at annexation, 7.5% cap).
• Annexation Plan and Resolution: Approved with similar corrections.

Key Outcomes

• Votes Adopted:
  • Consent agenda parkland acceptance (4-0)
  • Methanol purchase (4-0)
  • MOU with Mental Health Association (4-0)
  • Revised Rules of Procedure (3-0, with one abstention)
  • Fisher Building contract amendment (4-0)
  • Bloomfields parkland acceptance (3-2)
  • Madison on North Market fee in lieu (4-0)
  • Toms Property Annexation Agreement, Plan, and Resolution (all 4-0)
  • Mercer Property Annexation Agreement, Plan, and Resolution (all 4-0)
• Directives:
  • Staff to provide more data on child care incentive program usage during budget.
  • City Attorney to finalize language for forest conservation and regional road fee provisions in annexation agreements as discussed.
• Next Steps:
  • Toms and Mercer annexations require express approval from Frederick County following city approval.
  • Charter Review Committee will continue discussions on separation of legislative and executive powers.
  • A workshop on quasi-judicial processes is planned for March 2024.