City of Frederick Mayor & Board of Aldermen Workshop - September 18, 2024

The Mayor and Board of Aldermen met on September 18, 2024, at 3:00 PM in City Hall for a workshop focusing on two sustainability initiatives: the Residential Compost Pilot Program and proposed amendments to City Code Chapter 32 regarding low impact landscaping. The meeting included approval of prior minutes, staff presentations, board discussion, and public comments.

Consent Calendar

• Approval of Minutes (September 4, 2024): Approved 4-0 (Alderman Nash absent). Motion by Alderman Shaker, second by Alderwoman Kazemchek.

Public Comments & Testimony

Residential Compost Pilot Program:

• Patrice Gallagher (East Fifth Street resident): Praised the program, noting it aligns with prior county-level recommendations for composting and education. She expressed hope the city’s leadership would influence the county’s new solid waste director.
• Kathy Kinsey (Chair, Government Affairs and Policy Committee, Mobilize Frederick): Submitted written comments expressing strong support for continuing the program. She suggested exploring commingling (compostable bags in regular trash, then sorted) and advocated for the city to support Maryland General Assembly legislation (HB 1318) that would impose a $2/ton waste disposal surcharge to fund local composting programs.

Low Impact Landscaping Code Amendments:

• Kathy Kinsey (Mobilize Frederick): Submitted written comments in support of the ordinance, noting that individual actions like native landscaping can address climate change and provide ecological benefits.
• Brandon Carberry (West South Street resident, native plant nursery owner): Supported the 85% native plant requirement, cited national trends (one in four Americans purchasing native plants), and suggested providing pre-planned garden examples from University of Maryland resources during the six-month implementation period.

Discussion Items

1. Residential Compost Pilot Program Update and Options Sustainability Manager Jen Willoughby presented data on the program’s first year of citywide operation:

• Participation: Over 1,400 households (4.7% of eligible households); average 47 pounds composted per household per month. Total: 397 tons (nearly 1 million pounds) diverted. A community drop-off site opened in the last month received over 1,000 pounds with zero contamination.
• Costs: Program costs $19/household/month. Current total cost ~$332,000/year. If participation reaches an estimated maximum of 30% (without a mandate), cost would be ~$2.1 million/year, offset by $190,000 in reduced tipping fees (net ~$1.9 million). Current tipping fee at county transfer station: $73.46/ton.
• Funding: Grant-funded (USDA) through June 30, 2025; grant covers $200,000 with $100,000 city match. Marketing outreach (22 media mentions, 8 million+ impressions, 17 events) has been effective.
• Barriers: Pay-as-you-throw is not feasible with current automated trucks. Restaurant/commercial composting was previously studied and found problematic due to training turnover and wastewater treatment plant compatibility.
• Board discussion: Aldermen asked about cost recovery, yard waste diversion data, and potential for requiring participation. Staff noted that mandatory programs elsewhere (e.g., Berkeley, CA) often lead to high contamination rates. The board leaned toward continuing the program as a free service funded through the city budget, with further cost analysis expected during budget season.

2. Low Impact Landscaping Code Amendments Jen Willoughby presented a draft ordinance adding definitions and standards to Chapter 32 (weed ordinance):

• Key requirements: Low impact landscapes (including pollinator gardens, rain gardens, xeriscapes, meadows) must contain at least 85% native species, no noxious weeds, and may include turf grass and walkways. Meadows limited to one acre or larger with annual invasive species evaluation.
• Purpose: Provides a framework for residents to install low impact landscapes without HOA or city weed ordinance violations. State law (HB 322, 2021/2022) already prohibits HOAs from banning such landscapes; this ordinance extends protections citywide.
• Implementation timeline: Staff requested at least six months before the ordinance becomes effective to develop outreach materials, websites, and educational resources. Board discussed options: passing the ordinance now with a six-month effective date (allowing planning over winter for spring planting) versus waiting. Staff noted that without an effective date, current weed ordinance enforcement would continue until the new code is active. The board expressed support for moving forward with a six-month effective date.

Key Outcomes

• Compost Pilot Program: The board gave general guidance to continue the program and asked staff to bring back cost-recovery options during the FY2026 budget process. No formal vote was taken.
• Low Impact Landscaping Ordinance: The board directed staff to proceed with the ordinance, with the understanding that it will be passed with a six-month effective date to allow for public education and outreach. The final ordinance language and effective date will be brought back for a vote at a future meeting.
• Elected Officials’ Comments: Alderman Nash expressed interest in converting city green spaces to native landscaping. Alderman Russell reminded residents of Car Free Day on Monday, September 23, 2024. Alderman McShane celebrated his birthday (age 43). The mayor announced a Hispanic Heritage Month briefing at 5:30 PM that evening.