1:38Call this July second meeting of the city council to order.
1:41We will start with the Pledge of Allegiance.
2:21Um at the end based on some feedback.
2:23But we still have the opportunity to do public comments after each item.
2:28So first up, we have approval of minutes.
2:31First is the approval of the June eighteenth, twenty twenty six regular public meeting minutes.
2:39Moved by Council Member Brem, second by Council Vice President Nash.
2:46Approval of the June eighteenth, twenty twenty-six closed session minutes.
2:53Moved by Council Member Brem, second by Council Vice President Nash.
2:58One two three four five six seven zero.
3:03This would be the appointment of Rupert Gardner for a term of July sixth, twenty twenty-six to May thirty-first, twenty thirty to the board of supervisors of election.
3:14Any questions or comments or anything from council members?
3:30Moved by Councilmember Bram.
3:31Second by Council Vice President Nash.
3:34One, two, three, four, five, six, seven, zero.
3:40Next up, any comments or general general comments or business brought up by Council members.
3:54First, I invite all of uh Frederick neighbors to come to Baker Park and enjoy July the fourth.
4:00And also a kudos again to the celebrate Frederick folks for putting that on with a shout out to the peanut butter and jelly tent.
4:16This is the consent agenda.
4:18All items included under the consent agenda are considered to be routine by the council.
4:22They will be approved by one motion without separate discussion of each item, unless any person present requests an item or items to be removed from the consent agenda.
5:00Move by council member Taylor, second by council member Bram.
5:09Next, uh for this one section of the uh of today's meeting, I am turning over the chair of the meeting to Councilvice President Nash, and I will be uh recusing myself.
5:21So Council Vice President.
5:24Uh Rachel, are you presenting an item?
5:31Thank you for the record, Rachel Gray, City Attorney.
5:34I'm stepping in for the Director of Economic Development who could not be here this evening.
5:39Uh you have before you a memorandum of understanding with the downtown Frederick Partnership.
5:44The executive director of the partnership, Kara Norman is here as well, and I'm sure can answer any questions you might have.
5:51Um this MOU is similar to previous ones that we have entered into with the partnership.
6:13Uh the MOU addresses financial support provided by the city to the partnership.
6:19Um it covers some details of certain special events and generally provides sort of the framework for how the city and the partnership will interact and um achieve our mutual goals.
6:36I'm happy to try to answer any questions or again, Kara probably can tell you anything you want to know.
6:46You may not notice answer.
6:47How long has this arrangement been taking place?
7:00Um it's it extends beyond my tenure, so I think it's at least 25 years.
7:07So one of the things I'm looking at get MOUs their non-binding agreements.
7:14I guess why hasn't this might not be a question for you?
7:17Richard was here, I would ask him a question.
7:18Why isn't this an answer to a contractual relationship?
7:21With the partnership I guess for a couple of reasons.
7:25Effectively, you are contracting with the partnership to implement the Main Street program on behalf of the City of Frederick.
7:32So technically, Main Street designation goes to the city with the intent of it being focused on downtown Frederick, that's the district.
7:40Um and so you are designating us as the implementing organization for completing that designation on your behalf.
7:50I think that's a piece of it.
7:51And then there's a lot of other places where we work very closely together, and I think both sides on the city and the partnership have found it beneficial to have that documented in a in an agreement that's a multi-year.
8:03And we've over time we've settled in on three years, and it seems to be an effective time frame for both entities.
8:15No further questions.
8:18You answer you answer the question from your end.
8:25Additional questions up here?
8:29Uh question for Kara.
8:31So with the administration of the downtown Frederick Arts and Entertainment District, together with the Frederick Arts Council, uh, how do you work together with the Arts Council for that?
8:42Um we we are unusual in sharing that designation, and I would say that we kind of lean into our own respective strengths.
8:50Um the Arts Council is really great at working with artists, and so they are primarily responsible for that outreach and relationship with the artist community.
8:57Um technically, from a state designation the state designation requires you to keep a registry of all the artists, so they're responsible for that part, as well as they do some outreach around the income tax modification subtraction, which is a confusing way that the state refers to the benefit that's available to um artists.
9:17For the partnership side, we primarily work on the property side and talk to um potential property owners about the benefits that that provides.
9:25Beyond that, both the arts council and the partnership have very robust programming that we complete in our downtown, um, which is again supporting the district, and both of us do public art.
9:38So those are things that we coordinate and work with.
9:42They're separate to each entity, but they're they're done in coordination with each other, if that makes sense.
10:00So it is for but everything we do is completion of the Main Street program.
10:06We just happened many main streets call themselves, you know, downtown Frederick Main Street.
10:11We just opted to be downtown Frederick Partnership, but everything we do is implementing the Main Street program.
10:17So is that why there's nothing in the MOU about the building?
10:25How does your building is that still city owned, or was that turned over to you all?
10:30Say that one more time.
10:33The building is uh it's not uh where there's a separate lease agreement between the partnership and the city, so that's um a separate um separate from the MOU.
10:43Does that answer the question?
10:46Um, up in the top part we talk about um second page, we talk about the city gives downtown Frederick Partnership, give or take, you know, 125,000 a year, and then you go down to uh mutual obligations.
11:04So when we talk about the 50-50 split of costs, is that in addition to the 125,000 dollars a year?
11:13Um and the holiday lights, just for reference.
11:16Um previously the city staff put them all up in place.
11:19Um when we started the program, it was a great savings to the city in terms of not necessarily dollars, but staff capacity that the time it took to put the lights in the trees.
11:28And honest to be I can think I can speak on their behalf.
11:31It was not a task that they enjoyed.
11:34And by the way, it has been 25 years.
11:36It was 2001 that the partnership was first designated.
11:43Anything else up here?
11:45Any public comment on this item?
11:59That's 5-1 with an abstention.
12:03Thank you very much.
12:09Up next, uh this would be the third read of ordinance G 263 concerning the vehicles for hire.
12:19Not sure if we're presenting.
12:21I know, Councilmember Brem, you had some amendments I think you wanted to make.
12:27Do I remember that correctly?
12:29Uh Councilmember Taylor and I have chatted about several things.
12:34Uh the key change from the last read is that all of the fees have been reduced.
12:42Let me get my as proposed, the non-refundable new permit application fee has dropped from $2,500 to $50.
12:53The last time we read this, it was 100.
12:56Uh the biannual renewal fee has dropped to $25.
13:00It last time we talked about this, it was $50.
13:02Uh and just to make sure I cover them all, the permit transfer fee has dropped from $500 to $25.
13:08The permit reassignment fee was $25, remains $25.
13:12Replacement of lost or stolen permit was $25, remains $25.
13:16Driver's license renewal fee was $25, remains $25.
13:20Replacement of lost or stolen driver's license was $25, is $25.
13:24Non-refundable driver's license application fee was $10 is $10.
13:29And uh non-refundable initial issuance of taxicab license fee is $25, it was $50.
13:35And the other big change, and I want to make sure I get the language right, has to do with prohibition uh driver.
13:47The agency shall deny a taxicab driver's license to any applicant who has been convicted within the previous four years of any of the following crimes.
13:56And uh assault in the first degree or felony assault in the second degree is now listed.
14:02Uh and then the agency shall deny a taxicab driver's license to any applicant who has been convicted within the previous 24 months of any of the following crimes, and that uh now includes misdemeanor assault in the second degree.
14:15Previously, assault was listed just once uh and we've split it apart into the uh assault in the first degree or misdemeanor assault, with thanks to counselor for her help with that.
14:28I'd like to clarify one thing if I may.
14:31The fee information that you read.
14:33Um the way this is currently drafted, those specific fees are not in the ordinance at all.
14:39We added language that references the annual fee schedule that you all enact.
14:45And the idea is that we will keep those specific fees in the fee schedule ordinance and bring you at the next practicable meeting revision to the fee schedule ordinance to include those reduced fees.
15:00Yes, thank you for that upgrade.
15:02But I I just wanted council to know our thinking as it relates to fees when we get to that.
15:07Because that's there were there were three significant issues that the community brought to us.
15:13Number one was whether or not cabs had to be painted or whether we could use removable items for numbers and logos and things like that.
15:20The second was the assault issue, and the third was the extraordinarily high fees.
15:25So those are really the three primary changes that that are going into this version.
15:31So we're voting on the draft that's posted that does not have the fees.
15:36We will vote on the fees at some later point as a fee vote on fees.
15:40Just want to be sure we're good.
15:42Any other comments or questions from council members?
15:47I saw you move your mic, I thought.
15:49You were getting ready.
15:54Before we we make a motion, I want to commend uh council members uh Bram and Taylor for a lot of the work.
16:03Uh everything that all the ordinances that we do take a lot of work, but I think this one is one of the rare cases where we really worked really close with the people most directly affected, which was a very small community of uh cab drivers in a way that we could make their life um easier and um lessen the burden.
16:21So uh I want to commend the two of you for for that.
16:24Now I will uh uh looking for a motion to approve the ordinance.
16:32Motion by Councilmember Rem, second by Councilmember Taylor.
16:36One, two, three, four, five, six, seven, zero.
16:40All right, and then next is the second read of ordinance G twenty six five concerning school zones.
16:47Councilmember Hempel Rani.
16:48Do you mind if I start real quick?
16:50Just real quick, I'm gonna recuse myself off the dice for this item, I'll be back for public comment.
16:58Councilmember Hempel Ronnie?
17:01So uh for the background, um the school zones are designated roadway segments within up to a half mile radius of a school grades kindergarten through twelfth, where school related activity occurs, including travel by students to or from school on foot or by bicycle or the dropping off or picking up of students by school buses or other vehicles.
17:24In accordance with state law, section 135 of the city code, the city is authorized to use speed monitoring systems, also known as speed cameras, to enforce speed limits within school zones.
17:35The specific locations for cameras are chosen by the Chief of Police and the Director of Public Works.
17:41So essentially how this came about is we have an ordinance that lists each of the schools within the city of Frederick and designates them as a school zone.
17:52Well, the Monoxy Valley Montessori School moved to TJ Drive, and um the banner school has since closed.
18:01And uh that there's a new Yellow Springs elementary school off of Christopher's Crossing.
18:07And the classical charter school has not been listed.
18:12And so we wanted to update the ordinance to include those schools so that we may have the option for extra signage and enforcement if necessary.
18:21Uh two of these schools are in District 5, and I had parents reach out saying that their school lacked signage.
18:28So thank you to residents for bringing this to our attention.
18:35Any questions or comments?
18:38And just for public information, I didn't know this until you um explained it to me if we were to build another school tomorrow, which would be pretty awesome, but uh we would have to change the ordinance again to designate that school.
18:52And so we we initially thought that we could just say any school, you know, the the area around any school, but in accordance with the state laws, we have to designate the schools and outline the the streets surrounding it.
19:05Um we we we worked in collaboration with the Frederick Police Department to determine um make those determinations.
19:12And just to check, uh I is the banner school or another school going to reopen on Dill Avenue?
19:20According to the banner school's website and the news post that the banner school is not opening in the fall, uh and I don't know that that they have a new tenant for for there.
19:29So if another school were to move into that location, we would have to make an amendment.
19:34So but we'll just strike that.
19:38So the motion would be to adopt are you gonna propose an amendment?
19:43So get rid of that section, yes?
19:46So I do want me to move now.
19:50Let me make sure nobody else has questions.
19:51I just want to make sure.
19:53So just because you're the schools on the list doesn't mean there's going to be enforcement.
20:00It gives you the option of the police achieve.
20:04And so if there is absolutely no problem, everyone's driving at an appropriate speed in an area and there's no need for additional enforcement that it it would be done in collaboration with the schools and the police department.
20:18Any other comments or questions from council members?
20:26You can make a you can come up and make a comment.
20:41You're free to you know reach out to us individually or uh was it city council at City of Frederick MD.gov.
20:50So no questions or comments or anything else from council members.
20:57So I would like to make a motion to adopt this ordinance with the following amendment that in Section N, the banner school be removed from the ordinance.
21:09So we have a motion to adopt the ordinance with the amendment that Paragraph N in section 1315 is removed.
21:20So moved by Councilmember Hemple Rani, second by Councilmember Shackelford.
21:28No, one, two, three, oh, five, six.
21:31And uh one abstention uh to adopt with that amendment.
21:38That's the last item on the agenda.
21:41Um this is now a time for any council members to make any closing comments or remarks, and then we'll have public comments.
21:52No comments from council members.
21:55Any public comments?
22:00No, do we have the sign-in sheet for the comments?
22:19Uh so I'll call your um your name, and if you didn't sign up, there'll be a timeout um after that.
22:25So uh this is an opportunity for members of the public to address the council regarding items that may or may not appear on the agenda.
22:31Please note speakers should first give their name and address.
22:34You are reminded that these proceedings are broadcast on live TV, and you should speak clearly and directly into the microphone.
22:41All comments are limited to a total of three minutes per individual.
22:44If you wish to ask a question and want a response, that will become part of the three-minute limit at this time.
22:50So first on the list is Kathy Anderson.
22:59Good evening, counsel.
23:02My name is Kathy Anderson, Frederick resident for almost 18 years.
23:07Live on Fairview Avenue.
23:09Tonight I'm submitting a document titled One Commission to Authorities.
23:14It maps every function of the ethics complaint process from intake through a formal hearing order.
23:21Every function, intake, investigation, advising, notice, records, sits with the same office, the legal department.
23:30All of it is subject to the direction of the mayor.
23:34At the March 1st, 2023 workshop, the city attorney described the process as having very little detail in either the state law or obviously in our ordinance about how any of those processes are to work.
23:51That is the architecture.
23:53Here's what it produces.
23:55When I submitted a public records request for the meeting records of the proceeding that dismissed my complaints, it was confirmed in writing.
24:03No records, no records existed.
24:06No agendas, no minutes, no votes, no investigative records.
24:11The office that controls every function of this process cannot produce a record of its own proceedings.
24:18Yesterday the city filed a written response to a separate complaint I brought before a state board.
24:24In that response, the city argues that how ethics ethics complaints get reviewed is exempt from outside oversight, not limited exempt.
24:36If the city is right about that, no state board, no court, and no outside agency has the power to require a different process here.
24:46That leaves one body, and that is you.
24:50The Board of Alderman passed Chapter 21.
24:53This city council has the authority to fix it.
25:00The responsibility, the responsibility for what happens if it doesn't get fixed, and the accountability to the people for fairness and consistency belong to this council.
25:10I am asking this city council to commission an independent review of the ethics complaint process, independent, meaning no reporting relationship to the mayor and no prior role in any complaint.
25:23Require that any recommendation come back to this body for a full public vote.
25:29A reform process run by the same office that controls the current one is not reform.
25:35Thank you very much.
25:52Before you before you start, I know I saw that you had emailed um our constituent outreach.
25:58She's on leave, so that's why she didn't reply.
26:01I was on the emails, I just didn't see them, but I'm glad you were able to show up and make her comments.
26:06Yeah, I was just running late.
26:08You made it excuse me.
26:11And I am also old, so hopefully I can see my phone.
26:16I didn't bring my readers.
26:28Um, my name is Marion Brown, and I'm once here again to speak to you on behalf of of uh the residents at Carroll Park Manor.
26:40On June 18th, I stood before you and petitioned um uh presented my petition asking for help with the rat infestation that plagues our neighborhood for nearly the last two years.
26:55Since then, I attended our HOE meeting on June 29th, where I learned that our community trash collection was reduced from twice a week to once a week due to a city um decision.
27:11Um it's now my understanding that this was because the city expanded its boundaries, approved um additional development, and I must provide services to more neighborhoods under the same budget.
27:26It if this is the if this information is uh accurate, I find it deeply concerning.
27:33Um I have been a homeowner in Carroll Park for over 20 years, and this was never an issue.
27:42Um putting trash outside without trash cans was never an issue.
27:46It never called for any rodents or anything like that.
27:51Um, the residents of Carroll Park Manor should not lose essential services because the city chose to grow without ensuring the infrastructure funding existed to support that growth.
28:04Families who have lived in Frederick for more than 50 years should not bear the consequences of planning decisions they had no control over.
28:13Two weeks ago, because of the holiday, uh, we had to wait for trash pickup.
28:19People dropped the trash out on Wednesday, and we had to wait until Monday.
28:24The whole community was just full of trash everywhere.
28:29Monday, trash was picked up, and uh Tuesday they did not clean up, Wednesday they did not clean up.
28:37On Thursday, I was every day in the morning.
28:40Now it's my little thing that I do.
28:42I go out and walk around the neighborhood.
28:45There was a lady, she's an original owner of her house.
28:50So she's owned for 52 years, out there picking up trash.
28:57She's lived here for 50 years.
29:01On Sunday is my birthday, I'm 53.
29:04She's at least my mother's age, picking up trash.
29:07That's not her responsibility.
29:09And I told her, don't do it.
29:11Because if you do it, the city, DPW has their people out there with notices to the HOA, and they have fines or whatever, however, the city is dealing with the HOA.
29:23I said, if you pick up, no wonder your side of the trash.
29:26Um, she came to my to my court on the other side of my court is very, very clean.
29:36And I wondered why it was so clean, because this little lady has been walking around picking up trash.
29:41Please bear with me.
29:43Uh I really did want to stress that.
29:45That wasn't part of my plan, but I'm really passionate about this.
29:49It's my first house.
29:50I joined the military after being homeless.
29:55I joined the military, so I could bring stability to my family, my children.
30:00I joined the military and that was my first house because I was stationed at Fort Dietrich.
30:03So a lot of love for this place.
30:07And I just want to know that the next person who takes over gets to have that first house be that special.
30:15I don't want to just sell it to anyone.
30:17I want to sell it to somebody who can make something out of it.
30:20And myself, my integrity will not allow me to just slowball it and sell it and get out because of these rats.
30:26I found out two months ago, as you know, about this.
30:29And I make it my duty to come here, even if I'm the only one here, and even after I leave, I will continue to come back until until this is done.
30:40Um but I'm almost done.
30:41So this problem did not happen overnight as a development has replaced um wood wooded areas, wildlife has been displaced, natural um predators have been disappearing, and rodent populations have increased in surrounding neighborhoods.
30:57At the same time, trash services has been reduced, creating uh conditions that make the problem even worse.
31:04Three years ago, the Carleton neighborhood experienced a similar infestation.
31:08I went in and knocked door to door for four hours with my son and talked to every resident there to find out what the city actually did to resolve this problem.
31:17City officials publicly promised to work alongside the Department of Public Works, Code Enforcement and City Council to address the issue.
31:25I recently spoke with several Carleton residents and they told me that after warning letters were issued, little else happened today.
31:32They still have rats all over, and I got to meet them.
31:36I do not want to be a good thing.
31:37I am gonna need you to start wrapping it up, please.
31:41I do not want Carroll Park Manor to become another example of promise without lasting action.
31:45Over the past two months, I have worked with code enforcement and spoken with city staff attending meetings and filed its complaints encouraging neighborhoods.
31:55I'm basically here to just ask that because the city took away our trash and I thought it was an HOA problem that you implement a budget to return the two-day trash pickups.
32:07It is essential to get rid of these rats and to pay for a commercial uh pest control.
32:13And I don't think that it should be the problem of the residents of who have lived there for over 50 years.
32:19Thank you so much for your patience.
32:26That was our last person on our list.
32:28Any other public comments.
32:38Councilmember Shacker?
32:42Vice President Nash.
32:44Just to explain my vote very quickly regarding the downtown Frederick Partnership.
32:47I didn't want to belabor the point, but until City Economic Development begins to recognize the Route 40 corridor as the economic powerhouse that it is, I will not be supporting anything else from them until they do that.
33:00Councilmember Brown.
33:05If there are no other comments, meetings adjourned.