Pledge allegiance to the flag of the United States of America to the republic for which it stands.

One nation under God, indivisible with liberty and justice for all.

All right.

So with apologies to my colleagues, I was not able to finish a draft of the home work plan, but thank you, Councilmember Shackleford, for the data that you supplied.

That was a helpful start.

But that proved to be a bigger elephant than I could eat.

So we'll we'll get there soon.

But today we'll go over the work plans for the uh data center regulatory uh framework, and if we have time, sidewalk maintenance and brownfield.

So that's our our goal for today.

Um first um on the screen is the draft of the framework plan.

And I guess if we could just go look at the phases and see if those make sense.

The priority task request presentation from the City Sustainability Department, request economic development department presentation, planning department, and then comment from a bunch of different groups.

We can supplement those groups based upon that.

Uh I don't expect this to happen at one meeting, but just as we go through.

And that's uh that's the data collection information gathering.

And second is to review and edit the regulatory framework.

We'll look at that document next.

And some of this may overlap.

And then based upon what happens next, maybe review the proposed CDI text amendment that the planning department and planning commission will be looking at.

And that kind of is where we end.

I'm not I was told and cannot remember the timing for the planning commission work, but I think it's going to be May.

I think that's where it's headed, is for a May presentation.

So do you know, Scott?

Or attorney?

We just um they just had the um comments issued back to the person of the group that was presenting that.

So I don't know how soon they're going to respond to those comments and what the track is for that.

Okay.

But but that will be going through planning commission before it comes back, right?

Certainly to the whole council.

So right.

Okay.

So at this juncture, and again, the document can be edited further, but any questions or comments or concerns about the the work plan.

Can Ms.

Phyllis, can you show the second screen for me a second?

Um, yeah, I don't have my glasses.

I can I can see some of it.

I could I I can see some of it on here in terms of the larger portion there.

Um people are better off now.

Yes.

So I guess my question is the purpose of this right here is to gather information in preparation for as it comes to the planning commission for it then to for us to make a recommendation, or I'm just trying to under or us to from a fact-gathering standpoint.

I'm just trying to understand this.

That's a great question.

So the planning department and the planning commission will be working on a series of issues as it relates to the proposed text amendment.

The scope of activities that we're about to look at for understanding is going to be much broader than that.

And the goal is that we will enable ourselves to have knowledge about data center and data center regulation in anticipation of two things.

First, the proposed text amendment coming in front of us.

We'll have a lot more knowledge there.

And second, there will be regulatory aspects of that that we will need to put, I believe, into code as an ordinance in the management of those data centers.

And so we'll have a leg up as far as gathering that information.

And of course, areas were identified from for them in terms of their planning commission made recommendations in regards to and their land use.

And they still have they are still trying to work through it.

I think for us, we probably should do the same thing.

I don't think this is enough based on, I'm not opposed to this, but based on the amount of information that we're going to need from each of these from each of these groups, to me, this is this is sort of like a task force that needs to look at all these things in detail.

It's not enough for them simply to come here and provide information in an hour or so setting, which is which is fine.

But I think all these persons need to be in the same room having this conversation, having this this discussion.

And then let's look at this from the city holistically, and then looking at the regulatory framework.

To try to put a regulatory framework on from the city, I don't know if that's going to happen in three months.

Or six months.

I think it's going to take more time than that.

I think we're looking at best practices.

I think we're looking at our own regulatory framework.

I think we are also looking at places of or um areas, how our how our land is coded, is zoned, and from environmental, from economic impacts to those who developmental interests who maybe also have a level of interest in this and also to our residents.

I think from a holistic perspective, it's gonna it's gonna take more than just this for us to and I want to use the word get it right, because I don't think you can get it right, but us to have uh good foundation and basis of all the participants, all the players who are participating in this for us to get substantial feedback in order for us to put together some type of regulatory framework.

That's just my thoughts.

Okay.

All right.

Councilmember Hempeling?

Any thoughts?

Uh first of all, thank you for putting this together.

Uh it's a a lot of thought.

Uh do we have the task to assign a task force, or does that have to go to the whole council?

Because we had talked in whole council, I think, about doing a task force.

Is that uh coming out of this committee?

Is that a set like what does that look like practically speaking?

I would have to check with uh the President and Vice President.

Uh that could be that could be a recommendation from this committee.

You mean uh um it has to go before the full council, but that could be a recommendation from this committee to make that recommendation to the to the larger council.

The larger council could then decide to move on that or not.

Simply similar um the Government Operations Committee is something we're talking about um making changes to the land management code.

That's gonna come before the full council.

Right.

So it can come out of a committee and then come to the larger full council.

So that doesn't prevent it from starting here, the Genesis starting here and then moving that forward if that's what the committee so chooses.

And that could come out of this as we hear more information out of these.

I think this is a good starting point.

I'm just looking at this from the standpoint of any type of regulatory framework.

I don't know if we and maybe I could be wrong.

I don't know if we could just gather because I'm I'm sure certain for some of these, this is several presentations for some of some of these groups, and that's why I say it may be that they all get in a room together along with along with our uh recommendations.

I think it's also important incumbent for us now as a council, but I think it is also important for us to coordinate with the mayor's office with this because it's just not only term the legislative for the city, but it affects the whole um city as a whole.

These those are just my thoughts.

I mean, I'm just expressing it.

My uh my logic for our doing it was a couple fold.

Uh the one was if we indeed charter a commission for the land management code, that's going to be an enormous staff and resident time demand.

Um I was cognizant of that.

And the second was I wanted us to manage and gain that knowledge so that we could better inform our colleagues.

Uh there's nothing wrong with the commission, but as you know from the charter, sometimes it it shows up to people who haven't been in the room consistently and they go, what?

And so I just think that if we're managing those discussions and those questions that we'll be in a better position to share that that granular knowledge with our colleagues.

That that was my my thought.

Oh, understood.

No.

Are you imagining uh so we have city departments doing presentations, but with these um external stakeholders?

Are you imagining putting everybody or representatives from each of those groups in a room together and us having a discussion, or are you imagining uh a presentation from from each of these groups?

Because they're going to bring some really different perspectives, which I think would be exciting to have all in a room together.

Uh and again, this is subject to our discussion, but for example, on the when you see the list of items I think we should consider from a regulatory framework.

I I think it would be useful to have different groups present on that and and for longer than three minutes and just have that commentary.

So and you're you're right, Councilmember Shackleford, it is not trivial what we're about to undertake with this.

Whether it's a commission or our committee doing it.

Um yes, I I would expect different groups having different perspectives.

And our takeaway is to gain that knowledge so that then we're ready once the planning commission gives us a recommendation on the zoning, which is also something we should learn about, but we'll have all these other regulatory questions ready to ready to think about.

Now, this text amendment is specific to one to one specific, if I'm not mistaken, to one specific zoning concept in terms of where where areas particularly one area is particularly zoned.

Yes, sir.

I think that's for and that's a text amendment.

So we talk about regulatory framework, then that's going to be where it's going to be allowed not only at one specific zoning construct, but other areas as well.

So that's why I say this is a um a large um a lot of large information gathering from standpoint, I don't even know by May for us.

I mean, I think it it it it it it kickstart, it jump starts it.

Right.

Yeah, okay.

And I think I think there are probably more um groups to add.

I think there's our own city staff that needs to be participating in this as well.

Um that's why I say when you start looking at this list as three, it's seven, we're probably talking about can we start our our own planning department, our own economic development department, our own sustainability department.

We keep going home and we're talking about probably twelve presentations.

That's why I say I don't know even by May for us if that's going to be a time frame for us to even have uh I don't say even, but for us to move forward for an overall regulatory framework for this.

Do you do you think it would be um beyond the scope to ask maybe from these departments for like just an executive summary kind of uh um where they're coming from, because I am sure that sustainability and economic development are going to be using different lenses.

Um speaking of economic development, uh when when um we had spoken with Richard Griffin a few weeks ago, um we talked about doing a field trip as it were to see some of these places that are already constructed, and that may be part of our um time with economic development.

If if that I don't know if that's um it's not quite the same as having a meeting here, but it's you know, this sort of fact-finding.

I don't I'm looking over here.

Are you talking about doing like a field trip somewhere?

To see how other municipalities have um manage data centers and to actually see one in real life and um talk with with some people there.

What are you gonna say?

I don't think it complies with it.

I mean, we would have to, I mean, you can you can take a field trip somewhere.

I mean, we would still have to comply with the open meetings act rules and regs.

You'd have to not conver not talk about it while you're you know in a car when no one else can hear you, but you know, someone who's gonna else can join you, certainly have to take minutes and things, as long as you comply with the Open Meetings Act.

I mean, we have had other commissions in the city do field trips somewhere if that's what you would like.

I mean, I don't think there's anything wrong with that.

I don't know that anybody contemplated finding a data center somewhere and having you guys go down to it, but we can be explored, I suppose.

Great.

Well, just you know, we are not the first city to you know be presented with um building a data center.

And so I think it's useful to see what um what other cities, what other communities, our county uh looking to uh I guess some forerunners and see what they've done well and uh maybe what they wish they would have done, or um where perhaps they've encountered some issues that we could build in, because I imagine you know we're looking at a particular site, but uh as long as I've been here, you know, Frederick has continued to grow.

And so I imagine you know, if that's gonna be it as a part of the land management code, we need to make sure that we're looking to the future.

And uh, you know, because this isn't just regulating one site.

What like Councilmember Shackelford pointed out?

Uh just to add on to that real quick.

Oh, I turned no, I turned it on.

Lights on.

Okay.

Am I on?

All right.

So um in terms of field trips, I mean, this could also get back to if an individual from this commission wanted to be assigned and just it wouldn't have to be an open meeting.

It'd just be like, all right, we're sending Sarah out to do some investigating and bring her her stuff back.

Um we can also invite I think you're getting to a good point where there's a rich around where we are, there's a rich local vein and lots of other municipalities we could possibly invite or have them send a letter discussing their past experience.

Um we can do some some research and uh compile uh a memo regarding other municipalities' experiences of similar size.

There's a lot of avenues that we can get to get that that data.

And the field trip portion does have to all of us on the we looked at some sites for Department of Recreation.

Uh I mean we looked at some plans for our recreation facilities, particularly Westside Regional Park and those plans.

I did um attend some field trips with Department of Department of Recreation in regards to those plan field trips.

So nothing in terms of us individually and then gathering that information and sharing that information as well.

All right.

Any other good questions or comments or concerns about the the work plan?

Duly noted, it's a lot.

Oh no, and uh and no, I uh uh I appreciate the the work and and and this the jump start on this.

Uh it is a lot.

Now I don't think and it should be.

Um so I don't I don't think it's something that's gonna be um an easy lift to sort of speak.

I think it's gonna be something that's gonna be um something that's gonna take a lot of work and a lot of a lot of thought into how we or if or whatever that is um to this to this issue.

Um I think and I think that's for for all parties, so there's clarity um for everyone's sake.

Yeah.

Thank you.

So I would like to come away with some action items.

So is our first action item to um invite the city sustainability department to come and present?

Yes, yes.

Okay, that's the next step.

Yep.

Okay.

And with thanks to Claire Jackson, we're working on our our uh our schedule.

But yes, sustainability is is first up, and then these other broad areas, uh, economic development and others will follow based upon their schedule availability.

So the the other assignment, though, and uh Ms.

Haynes, if we could pull up the regulatory framework document itself, the other homework assignment is as we go through this next document, if there's something missing that we should talk about, you either tell me or email me.

And this applies to folks who are watching online or are with us today.

Um these are all intended to be questions that I think we need to ask and discuss.

Uh and I don't necessarily think that we're going to have a decision.

But again, once the planning, once we have our zoning document in hand, our land management code text amendment in hand, then we'll be ready to to put the rubber to the road and say, okay, this is what we think the the ordinance ought to be as it relates to these different things.

So they go from quite broad to not.

So uh let's just go ahead and start at the top.

So procedurally, uh and I won't read them all, but just to kind of sketch through them, whether there should be nondisclosure agreements with city officials and data centers, uh, whether there should be a pause on data center permissions until the State of Maryland cost benefit analysis is done.

Annexations, the applicable the applicability of any regulatory framework to any proposed annexation, and you can see the zoning things that I'm sure the planning commission is going to focus on and spend a lot of time on.

I I would like to learn about that as well, again, because when that comes to us, I don't want to rely just upon the planning commission report.

I would like to have greater knowledge.

Because I think this is going to be one of those situations where we only get one chance to do it right.

And I just want to make sure that I am armed for the knowledge that I need.

Yep, thank you, Phil.

Uh Ms.

Haynes.

There's lots of water topics that we need to talk about.

And again, I can see that uh and I'm going to forget his name and I'm embarrassed because he is so smart, the guy that runs the sewage treatment plant.

Jason Michael?

Jason, thank you.

But uh I think his knowledge would be invaluable.

And or anybody else who to whom he reports, I'm sure they could get that data.

Well, Zach could definitely have to be in Tracy have to be part of this conversation as well.

Yep.

Yep.

Um and then under water consumption, I think there's we can keep on going.

There's power consumption.

And again, some of these are really detailed questions, some are macro.

And this isn't necessarily the sequence we should take them in, but it's just to make sure we get we get it on there.

I would like to also see like how some of these questions have applied to current industry in in Frederick.

We have some unique, you know, with the biotech industry.

I mean, those are kind of unique industries for a municipality, and I think it would be interesting to see how some of these things might or may not apply to AstraZeneca, for example, um, and how we've worked out some of those issues.

Great point.

Like how much water does AstraZeneca use on some basis?

And what's you know, what kind of pollutants they might produce?

Uh I know that e-waste has has been a question.

Uh and all of these industries are using computers.

Right.

Okay.

And we can keep on heading down.

Uh networks.

Again, the data centers need to be connected to networks.

So what kind of access do they have and what's needed to get them connected?

A whole bunch of things on sighting.

Again, there's going to be some overlap here, I anticipate with the planning commission, but I want to again gain that knowledge.

Air quality.

Uh construction.

This is courtesy of what I've been reading about as it relates to the county experience.

Uh the facilities, compliance themselves, stormwater, noise.

And this is uh again, Councilmember Hempel Rani, I think your comment about a field trip would be useful to actually go stand near some real life data centers and here.

So vibration, if any, and cooling.

Sustainability.

And keeping on down landscaping.

Jobs, get an understanding of that economic development aspect.

Should there be escrow accounts?

And if there are, then how might that look?

Taxes.

I've had several people tell me, well, data centers can be a real economic uh gain to the municipality in our case.

And if that's the case, then let's talk about what that looks like.

And same with community benefits.

So this is where tech tech waste crept in here, and then uh also a question I read somewhere about what happens if the data center goes dark and what about the removal of it?

And again, just because the question is here does not mean we necessarily have to have a regulation, but at least we're gonna ask that question and make sure we are intentional in talking about it.

So that's a lot.

Did anything other than your good point, Councilmember, about making see how some of this applies to other industries already in place.

Anything else pop out as a No, this is pretty exhaustive, and I mean it's very thorough list.

So I don't I mean, I haven't had a chance to go through all of it.

Sure.

Sure.

But the same and at the same time, I think it you like you said there's some overlap, and I think this is a this is definitely enough, I think, of course, as as we go through this, of course.

I'm sure other questions and information will come up.

But I think this is a great starting point for us.

Uh I was laughing to myself.

Uh, particularly with the standpoint of just from the standpoint of and being a legislator uh about taxes and property taxes and opportunity for revenue, and I am old enough to remember um the lottery.

When uh it was gonna be a big part of education.

Claire, you're probably too young for this.

A big part of education is going to pay for schools and everything else, and now gambling is a part of our natural uh natural environment, and we're still trying to find way to pay for schools and education.

All right.

Anything else at this point, again, the documents are flexible, so they anything can be changed.

Anything else on the data center work plan or regulatory framework?

All right.

Um we could take a look at the sidewalk work plan.

Uh you know what?

The topics that we have got are so different.

Yes, that would make sense.

So if somebody has public comment on the two documents we just looked at.

Thank you for that suggestion.

Kevin Salneres Street.

Uh I know it's just a start.

But on four A number nine.

Just make sure you put maximum water demand per day as well as average.

And that's in critical as you will find out from the data center work group for the county during drought, uh, that's when the maxim and heat, that's when the maximum water demand by everyone is there.

And so that the county is actually implemented maximum water demand as their criterion for setting up how much water they are going to allocate to the county data centers.

So maximum water demand is an average is are needed there.

Thank you.

Great, thank you.

Are there any other public comments?

Yes, sir.

On.

Perfect.

Uh hello, Joe Whitebird with Tramel Crow Company, the applicant for the critical digital infrastructure zoning text amendment.

It was introduced before this council at their meeting on January 15th.

Also the owner of approximately 230 acres within Frederick Commerce Center, industrial park located off of Gas House Pike.

Uh at that meeting I spoke a lot about why having a limited amount of data center within the city is beneficial.

Uh and I spoke about why Frederick Commerce Center is the right location in the city for data center.

So I don't want to restate all those points now, but rather focus on why we're here, which is the legislative framework.

Our goal with the text amendment uh that we submitted was is to make Frederick Commerce Center an attractive location for global technology companies.

And while at the same time limiting the land on which data center can be constructed within the city to a very small area.

Uh as currently proposed, it is less than half a percent of the city's land area.

We also sought to make sure that the City Council retains control over decisions about whether or not to allow data center beyond the currently proposed limits.

The regulatory framework and framework plan that is being discussed today outline a number of topics and considerations that cities seeking to develop performance standards for and gather information for.

Some of these are already addressed in the land management code or uh reside with in power with the City Council.

Others can be further developed and refined based on best practices from other municipalities, and a lot of research that's been done uh locally, including next door in the county.

Uh Tremel Crow is excited to work collaborative collaboratively with everyone to continue to develop and refine these performance standards.

Thank you.

Thank you.

Any other comments.

Okay.

We're ready for sidewalks.

And and so the background of this is that I don't know if all of us, but some of us in our campaign came across a lot of residents who were deeply concerned, a lot of businesses who are deeply concerned about the cost of maintaining sidewalks.

And so this effort is to study the details pertaining to that.

And if you'll look at priority tasks on the second page with me, it would be first hear from the Department of Public Works about a pending sidewalk study.

In other words, what why did they even ask for that to be created?

And then here, once it's ready, I'm not sure what the timing is, but it it's within a month or so they're going to have that.

But get those results and then uh talk about with public works uh their thoughts on the outcome of that sidewalk study and include in that a discussion on the finances with that, because it's not trivial from a financial standpoint to for the city to take that on.

Um once we have that, and we have talked again to stakeholders and they are listed here, but potential stakeholders, and there could well be others for their thoughts on this, uh then we figure out from a cost benefit standpoint, is this something we should consider and then move forward accordingly?

I I wanted to make sure that we introduced this now before the budget, so that the mayor and the city were aware that this was a discussion that we were having.

And I also understand that the timing may be that we say, yes, we're going to replace sidewalks, but we can't afford it in this year's budget.

It may be starting next year.

So all of that is is up for discussion.

So any questions or comments about or suggested changes or edits to I am wondering if we think about um the sidewalk situation in like I want to think equitably.

Uh I know that a lot of the sidewalks and discussion are downtown because of the combination of bricks and pavement and street trees and the amount of traffic and old buildings and that sort of thing.

And I am wondering if uh thinking about an overlay or um you know targeted zones.

Um if we are paying for sidewalks throughout for you know 90,000 people, like what does that do to the city budget overall?

Um so that that is a big concern.

And yet when I hear residents talk about the cost that they are incurring to replace sidewalks, um, you know, it it feels unjust.

Uh so I think coming up with an equitable solution that that is feasible, I I think will be our our main challenge.

Even from the standpoint of, and we of course we've heard we have heard residents express their um concerns regards to sidewalk, but even from the standpoint of just a policy in regards to if we do talk about financially what the cost share may be, that may be another um looking at another angle to look at this in terms of what a cost share would be if the city would holistically pay for it by himself, but also uh maybe a different cost share standard in regards to that, but also in terms of what that cost share entails, particularly in regards to, and of course, we have heard residents um share their concerns, particularly if it's city initiated where the city has done something and then that property that sidewalk was damaged before that reason.

I think we could talk about cost share from that or for the cost share or just the city replacing that and what that looks like.

I know we have some conversations previously before about sidewalks and equity with emphasis areas to your question about equity um equity.

So um and I think I don't think there is gonna be any, and the mayor previously is already um in the previous budget two million dollars towards, particularly for those our seniors.

I don't think there is gonna be any um I don't think it's gonna be a matter of whether money is going to be funded.

I think it's gonna matter how much and what that allocation is.

I don't think it's gonna be a standpoint of there's gonna be no money allowed it.

I think we have all expressed, and I think is um pretty known that residents have expressed this as a major concern for them.

So I don't I don't believe there is going to be a concern about financially from the standpoint of how much money is contributed, but how much money is going to be contributed?

I think it's maybe the sticking point along with the policy, call share policy in regards to replacement, what that cost share would be if there is a cost share, whether the city takes on that entirely, whether the residents cost share of that with the city.

Is that city initiating in terms of sidewalk damage, or is it just from a from a standpoint of wear and tear?

I think those are all conversations that we can we can have from a policy standpoint.

Councilmember Heppel Rennie, uh to your point, uh I think that let's pretend it it comes to pass that the city will take this on.

I would hope that we would get a plan from DPW, and that that plan would include work in all five districts and not just downtown.

And so yes, I have heard, as I'm sure you both have, specifics about downtown sidewalks being inaccessible to people with baby carriages and wheelchairs and scooters.

But I am suspect that's also true in District 5 and in other districts that Councilmember Shackelford, you you represent?

All of them.

Right.

Yeah, yeah, I think I think I think there are some areas which are more repair than others, and and in every district.

I think there's there are some districts, of course, have newly developed newly developed, of course, um construction sites, so they may not be in needed repair.

Um but I'm sure uh in every district there is um due to the history and uh uh of that, I'm sure uh for certain that every district needs some some sort of sidewalk repair maintenance placement slash.

I am also thinking about uh we have sidewalks in front of commercial spaces, or you know, if it's mixed use, who who then you know is responsible for that sidewalk?

Is it the the you know, if there's condos, you know, the I guess the condo and um or and again I don't want to keep going back to downtown, but that's where the sort of glaring the the repairs really need to happen in a not just a house-by-house way, because it attracts so many people uh and it's inaccessible.

And much of District 5 is new, um, but all new things eventually break down, you know, and and we need to make sure that uh whatever we decide to do that it's sustainable financially into the future.

Uh so I I don't know if if commercial spaces have a different share.

Do they share the same 50-50 with the city?

Is that pretty much across the board?

I don't know.

We need to yeah, we need to talk about for DPW about the genesis of those policies and the rationale and reasoning for them.

Of course, us as legislators, we we have the we have the the authority with well within our preview to, of course, change those policies.

I was just also um I had my train of thought on a minute.

Uh go ahead, Councilmember Horron, it could come back to me.

Oh, okay.

Uh I and maybe attorney, you you know I thought everybody paid 100 percent, unless it was a tree box, in which case it was 50 percent commercial and residential.

I don't know that there is a difference between commercial and residential, if that's your question.

I think that they are treated the same at this point.

Okay.

But I I mean I would have to I say that with about 90 percent, you know, certainty, but I we I can go back and check on that for us next time.

That's fine.

Okay.

And then there is a difference if it's a tree.

It's not a tree box, but if a tree roots you know cause that issue, then there is a difference in the costs.

Okay.

And I think along with that policy is also if we're talking about we can have this conversation, if so also cost share of whether it's a um city recommended it contractor or the uh homeowner, resident, commercial business owner, um, allow within their to have their own contractor, and then how the city does approve prove that if that is the way we also want to go or conversation around that.

Are there any uh other programs that that could help, especially um like our senior residents or disabled residents uh sort of make up that cost or rather than it coming from the city, are there state programs or other such things?

Yeah, we we we could ask uh state dollars to help.

I I consider sidewalks part of the transportation plan, so maybe there are.

But just to build upon the good points you both have made, uh if the city takes on that responsibility, then a lot of problems go away as far as who pays for what and why are we doing it?

And the feedback I have had from staff has been that it would also be more efficient because then they could let a contract for a whole bunch of sidewalks as opposed to just in front of your house or my house or your or your house.

And so let me let me add.

I think they already do that.

They wait until they have so many and then the contractor comes out and does several different areas all at once.

Uh so I don't believe they are coming out just to do one piecemeal section of sidewalk.

There's there's a build-up of of a certain number of jobs, and then the contractor will come out and do all of them sort of in a larger.

We've been talking to different people, but that's okay.

So this may be uh a lawyer question, but does this if if we change to a city responsible repair, does it change our liability insurance responsibilities if somebody were to fall or injure themselves, or is that contained within the homeowner's insurance?

It is a really good question.

And there is a lot of litigation out there about who is responsible for which portions of the sidewalk when somebody falls on something and does the city know about it?

Does the homeowner know about it?

I don't want to speculate on on who is responsible for each one of these issues, but there is quite a bit of litigation about that.

So if I would presume that if the entire city was responsible, or if the city was responsible for every sidewalk in the entire city, you are going to have a lot more exposure.

Um and a lot of these are no one sees them, right?

No one understands when there is a sidewalk problem until somebody trips over one.

And so that does create a lot more, I think a higher liability for the city if we're ultimately responsible for all of this uh sidewalk change.

But we should probably wait until we get that sidewalk study from TPW before you make any sort of decisions or any really even going too far down the road on that, because I think that's coming out, as you said, fairly soon.

And Counselor, would it be worthwhile to prep a presentation by you on liability if the city does take on?

I know it's not trivial.

I mean, I don't know what I mean, I think that you will probably there will be consequences for that, right?

There will be probably higher um insurance costs.

And I don't know what the answer to that would be, whether our risk and safety department would have to, you know, have a higher reserve.

I d there's a lot of implications behind that that I don't even probably can't think of all the different ramifications that are are involved in that.

We can we can certainly talk about it, but I probably, yeah, the idea would be wait and see what the um sidewalk study does.

Because we are going to change the sidewalk, the whole sidewalk ordinance.

The goal was to change that, I mean, before you guys were looking at it, to wait till we get the sidewalk study and then make some decisions in that regard and then present it to the to the council to see what your thoughts were on that.

So I'm we're not putting the cart before the horse, but maybe we're running alongside of it at this point, because I know that um Tracy Coleman has some some thoughts on how she wants to handle this, and I'm sure she will be happy to come and share that with you at some point.

She's on our invite list, so great.

All right.

Any other good questions or comments about sidewalks.

All right.

And last is Brownfields.

And the background here is that this was an item of work under Councilmember Nash for the last council.

And because this is a public works activity, she asked that we take this on.

And so that's why we have it.

Um a draft of the change to the land management code has been developed.

We have got that the project got that far along that a draft was developed.

Um but we have a legal question that we have to clarify with the State.

So the goal is just in summary terms, if somebody wants to develop a piece of land that is currently empty inside the City of Frederick, they would be asked to provide documentation that either it did not need to be mitigated or that it was mitigated one way or the other.

The goal being that anybody who builds on it subsequent to that doesn't have a love canal experience 20 or 30 years later.

So it's it's self-preservation on the part of the city and the people who are going to live on that property.

Again, I I encourage you to read the document, the text, but it that's just a a summary of it.

Um again, the key is that we need to make sure, and I believe uh Council Gray is gonna is looking into this, but talk to the Attorney General to get an opinion on that.

You mean Ms.

Gray?

Ms.

Gray.

Okay, yeah.

Um I believe well, I know she has to do the city has to form its own sort of opinion on the thing.

Right.

Write up something, and then send it to the AG's office for uh clarification.

So I don't know where that is in the pipeline of things that that are being worked on, but that's the the general gist of getting an A.

G opinion.

Right.

So I my understanding is that it's gonna take some time to get that done, and I understand that given the welter of other legal issues that the city is is dealing with.

Yeah, we would certainly speak to speak to Ms.

Gray and figure that out where that is on her schedule of things that she has got to do.

So I I share that with the council and the public so that you know that we've got the text on its way to being close, and we can certainly talk about that in anticipation of the Attorney General's opinion, but we can't do anything more than that until we have the Attorney General's opinion about whether we can move forward with that.

Probably a good idea.

May I ask a little bit, and and perhaps you don't know because um you said that Councilmember Nash or Vice President Nash had uh initiated this, but the history of where this is coming from is as I have some uh residents who contacted me during the election for um concern about area B outside of Fort Dietrich and some potential contamination.

Did this come out of resident concern or where where did this originate?

And why don't we just acknowledge that it's a brown field when it's being developed and remediate it then as opposed to say I can't see, I don't I don't know.

And and then bad things happen.

Because whoever bought buys the property or lives on the property, especially 10, 20 years later, they're not gonna know.

And so it's a byproduct to your question.

It's a byproduct of the more development projects you have, the more this concern is raised.

So it's it's not uh I will say it's not it's not unusual in terms of other municipalities as well, we have to look at this issue.

Because the more you developed, of course, the more land you start to take up.

So it's just a byproduct in terms of um ensuring that this this this is taken care of, and particularly whose responsibility it should be.

And I believe brickworks specifically because there are selected areas in brickworks that need remediation.

I believe it is being remediated, but there was no focus that says you must remediate.

That just happened because of public interest.

So it's largely resident kind of originated.

Is it resident originated?

Excellent.

To the best the best that I'm aware of it, council member, you were concerned for all of us somehow.

So anything else on the Brownfield text amendment.

All right.

Anything else for the good of the whole comments.

Donna Kazamchak, City of Frederick.

Um actually that's one of the things.

Um when I am sitting at home watching you all on television, I can hear most of what you say when I am sitting in this audience, I can hear very little.

Um so a a couple of you are really good about leaning in close, making sure you're speaking so that people can hear you.

I absolutely appreciate that.

But if you're wondering if people sitting here know what you're saying, maybe half and half.

And I've been moving around to different spots.

So just trying to see if it's better in different spots.

It is, but not by much.

Thank you for asking about the liability sidewalks.

Uh that absolutely is something that I'm very concerned with.

That could raise people's taxes.

Um, and it's something that we were have discussed in the past.

So um thank you.

Thank you for your conversations on everything you are touching like many of things that I haven't even thought of.

So again, um I wanted to say thanks, but um I would just really love to be able to hear y'all.

Thanks.

All right.

And any closing counsel comments?

Council member?

Council member?

No, I have nothing.

All right.

We're adjourned.

Thank you.

So if you want to go to the