FINAL  COUNTY COUNCIL OF FREDERICK COUNTY  MEETING MINUTES Tuesday, June 18, 2024  Council Members Mason Carter, Jerry Donald, Kavonte Duckett, M.C. Keegan-Ayer, Renee Knapp, Steve McKay, and Brad Young were present for the meeting. Also present were Catherine Keller, Assistant County Attorney; Ragen Cherney, Chief of Staff, County Council; Nancy Luna, Executive Assistant, County Council; and Abby  Boroughs, Administrative Assistant, County Council.  Council President Brad Young called the meeting to order at 5:30 p.m. Opening Statement from Council President Brad Young  Council President Brad Young provided an opening statement at the start of the meeting. Included in that statement was a welcome to the Legislative Day for Tuesday, June 18, 2024, and information on how to watch and participate in the meeting. The meeting began with a moment of silence followed by the Pledge of Allegiance. Council President Brad Young asked staff to call role and a quorum was established.  Action on the Agenda  Council Member M.C. Keegan-Ayer moved to approve the agenda for 06/18/2024 as presented. Council Member Renee Knapp seconded the motion that passed 7-0.  Absent/ Abstain/ Present  Council Members District 1- Donald District 2-N McKay District 3-H Keegan-Ayer District 4- Duckett District 5- Carter AtLarge - Knapp Presiding Officer- - Young  Aye X X X X X X X  Nay  Public Comment  Public Comment was heard from:  Tera O'Rear Ahlam Majadli Khalil Elishazly Willie Mahone Eric Musa  With no further comments, Council President Brad Young closed Public Comment.  1    FINAL  COUNTY COUNCIL OF FREDERICK COUNTY  MEETING MINUTES Tuesday, June 18, 2024  Approval of Minutes  Council Member M.C. Keegan-Ayer moved to approve the minutes from 06/04 as corrected, 06/11, and 06/11 Confidential Closed Session minutes, 2024. Council  Member Jerry Donald seconded the motion that passed 7-0.  Absent/ Abstain/ Present  Council Members District 1 - Donald District2- McKay District3 3-H Keegan-Ayer District 4- Duckett District 5- Carter AtL Large - Knapp Presiding Officer-Y Young  Aye X X X X X X X  Nay  Budget Adjustments - Kelly Weaver, Director, Budget Office  Council Member Jerry Donald moved to approve the following budget adjustments:  24-258-Accounting, Division of Finance J-24-327 - Division of Housing J-24-331 - Division of Planning & Permitting J-24-335 - Division of Planning & Permitting J-24-336 - Office of Risk Management J-24-338 - Circuit Court J-24-342 - Division of Housing J-24-343 = Division of Parks & Recreation J-24-344 - Division of Housing  J-24-324- -A Accounting & Finance, Division of Water and Sewer Utilities  Council Member Mason Carter seconded the motion that passed 7-0.  Absent/ Abstain/ Present  Council Members District 1- Donald District 2- McKay District 3 - Keegan-Ayer District 4- Duckett District 5 - Carter AtLarge - Knapp Presiding Officer- - Young  Aye X X X X X X X  Nay  2    FINAL  COUNTY COUNCIL OF FREDERICK COUNTY  MEETING MINUTES Tuesday, June 18, 2024  Confirmation of the Chief Information Oficer/interagency Information Technologies Division Director - Council President Brad Young  Council Member Steve McKay moved to confirm the County Executive' 's appointment of TyHoward to the Chief Information omcer/nteragency Information Technologies Division Director. Council Vice President Kavonté Duckett seconded the motion that  passed 7-0.  Absent/ Abstain/ Present  Council Members District 1-D Donald District 2-1 McKay District 3 - Keegan-Ayer District 4- Duckett District 5- Carter Atl Large - Knapp Presiding Officer - Young  Aye X X X X X X X  Nay  Frederick Community College Budget Ratification - Council President Brad Young  Council Member Renee Knapp moved to approve the following:  FY2025 Operating budget of$74,857,603 FY2025 Auxiliary Enterprise budgets FY2 2025 CIP budget of $3,167,875  Council Vice President Kavonté Duckett seconded the motion that passed 6-0-1, with  Council Member Mason Carter abstaining.  Absent/ Abstain/ Present  Council Members District 1- Donald District 2- McKay District 3- - Keegan-Ayer District 4- Duckett District 5- Carter AtL Large - Knapp Presiding Officer-) Young  Aye X X X X X X  Nay  X  Final Council Action on Potential Charter Amendments for the Ballot - Council  President Brad Young  Amendment 1 - Council Vice President Kavonté Duckett  3    FINAL  COUNTY COUNCIL OF FREDERICK COUNTY  MEETING MINUTES Tuesday, June 18, 2024  Council Vice President Kavonté Duckett chose not to introduce charter amendment 1.  AMENDMENT 1 to Frederick County Charter  Introduced By: Introduction Date:  Council Vice President Duckett (District4)  May 21,2024  Adopted/Rejected/Withdrawn:  Proposed Charter Amendment-Flection of Council Officers Article 2. County Council, Section 210. Officers  At the first scheduled meeting oft the Council in December following an election and-biennially thereafter, the Council shall elect from among its members al President and Vice President oft the Council TO SERVE FOR THE DURATION OF THE TERM. The President, ori in the absence ofthe President, the Vice President, shall preside over meetings of the Council. The Council may provide for the selection of other officers as the Council may deem desirable for the exercise ofits powers. OFFICERS MAY BE REMOVED BY THE AFFIRMATIVE VOTE  OFI NOLESS THAN FIVE MEMBERS OF THE COUNCIL.  Amendment 2 - Council Member Steve McKay  Council Member Steve McKay moved to approve charter amendment 2.  AMENDMENT 2 to Frederick County Charter  Introduced By: Introduction Date:  Council Member Steve McKay (District 2)  May 21, 2024  Adopted/Rejected/Withdrawn: Adopted Proposed Charter Amendment-Budget and Finance  Article 5. Budget and Finance, Section 510. Supplemental Appropriations  On the recommendation of the Executive, the Council may make supplemental appropriations from any contingency appropriations in the Budget; from revenues received from anticipated sources but in excess of budget estimates; or from revenues received from sources not  4    FINAL  COUNTY COUNCIL OF FREDERICK COUNTY  MEETING MINUTES Tuesday, June 18, 2024  anticipated in the Budget. THE COUNCIL SHALL HOLD A PUBLIC: HEARING ON ANY SUPPLEMENTAL APPROPRIATION TO THE GENERAL FUND IN EXCESS OF Council Vice President Kavonté Duckett. seconded the motion that passed 7-0.  $1,000,000.  Absent/ Abstain/ Present  Council Members District 1- Donald District 2-1 McKay District 3 - Keegan-Ayer District 4- Duckett District 5- Carter AtLarge - Knapp Presiding Officer - Young  Aye X X X X X X X  Nay  Amendment 3 - Council Member Mason Carter  Council Member Mason Carter moved to approve charter amendment 3.  AMENDMENT 3 to Frederick County Charter  Introduced By: Introduction Date:  Council Member Mason Carter (District t5)  May 21,2024  AdptdRgtaVIdrw. Adopted  Proposed CharterAmendment-Appointment and Removal of Department Heads and  Others  412. Appointment and Removal of Department Heads and Others  (a) The Executive shall appoint an individual to head each principal operating department, agency or office under the control of the Executive, subject to confirmation of the Council. Individuals appointed under this subsection shall serve at the pleasure oft the Executive. (B) EXCEPT AS PROVIDED ELSEWHERE IN THIS CHARTER OR PRESCRIBED BYLAW, AFTER A PUBLIC HEARING ON THE MATTER, THE COUNCIL MAY REMOVE THE APPOINTED HEAD OF A. DEPARTMENT, AGENCY, OR OFFICE UPON THE AFFIRMATIVE VOTE OF FIVE COUNCIL MEMBERS. b)(C) Except as provided in subsection (c) (D) oft this section or prescribed by law, the provisions of this Charter or by ordinance, the Executive shall appoint all members of boards and commissions. All members shall be subject to confirmation by the Council. Individuals  5    FINAL  COUNTY COUNCIL OF FREDERICK COUNTY  MEETING MINUTES Tuesday, June 18, 2024  appointed under this subsection shall serve at the pleasure oft the Executive, unless otherwise (e) (D) The membership oft boards and commissions that are established exclusively to advise the Council shall be appointed and removed by the Council, at the Council's discretion, unless such matters are prescribed by law, the provisions of this Charter or by ordinance. (E) If the Council fails to take action within thirty days upon an appointment made by the Executive pursuant to this section, the appointment shall become effective. Council Member Steve McKay seconded the motion that passed 5-2, with Council Members Jerry Donald and M.C. Keegan-Ayer opposed.  provided by law, the provisions oft this Charter or by ordinance.  Absent/ Abstain/ Present  Council Members District 1-D Donald District 2 -I McKay District 3 - Keegan-Ayer District 4- Duckett District 5- Carter AtL Large - Knapp Presiding Officer - Young  Aye X X X X X  Nay X X  Amendment 4 - Council Vice President Kavonté Duckett  Council Vice President Kavonté Duckett moved to approve charter amendment 4.  AMENDMENT 4 to Frederick County Charter  Introduced By: Introduction Date:  Council President Brad Young on behalfof County Executive Jessica Fitzwater  May 21,2024  Adopted/Rejected/Withdrawn: Rejected  Proposed CharterAmendment- - County Council Salary  207. Salary  Fori the performance of public duties under this Charter, each council member shall receive a Salary of $22,500 per annum. IN ADDITION TO SALARY, THE COUNCIL MEMBERS MAY BE ENTITLED TO RECEIVE ALLOWANCES, AND FRINGE BENEFITSA AS THOSE TERMS. ARE DEFINED IN THIS CHARTER.. A council member may not accrue  6    FINAL  COUNTY COUNCIL OF FREDERICK COUNTY  MEETING MINUTES Tuesday, June 18, 2024  annual leave or be entitled to any payment in lieu thereof. The Salary AND ANY ALLOWANCES AND FRINGE BENEFITS. ALLOCATED IN' THE BUDGET shall be in full compensation for all services performed, but may not preclude reasonable and necessary expenses as may be provided in the Budget. The Council shall establish by ordinance a Compensation Review Commission every four years to review the Council's salary AND FRINGE BENEFITS in accordance with the provisions of Article 25A Subsection 5(AA) ofthe Annotated Code ofl Maryland. The Council may accept, reduce, or reject the Commission's Council Member Renee Knapp seconded the motion that failed 3-4, with Council Members Mason Carter, Jerry Donald, M.C Keegan-Ayer, and Steve McKay opposed.  recommendation, but it may not increase any recommended item.  Absent/ Abstain/ Present  Council Members District 1 - Donald District2 2-1 McKay District3 3-H Keegan-Ayer District 4- Duckett District 5- Carter AtL Large - Knapp Presiding Officer - Young  Aye  Nay X X X X  X X X  Amendment 5 = Council Vice President Kavonté Duckett  Council Vice President Kavonté Duckett moved to approve charter amendment 5.  AMENDMENT: 51 to Frederick County Charter  Introduced By: Introduction Date: Adopted/Rejected/Withdrawn:  Council Vice President Kavonté Duckett  May 21, 2024 Rejected  Proposed Charter Amendment - Forfeiture of Office 208. Forfeiture ofOffice OR REMOVAL: FROM OFFICE a) Ac council member shall immediately forfeit office upon:  (1) the council member ceasing to be a citizen of the United States, a council member was elected or appointed to represent;  registered voter oft the County, or a resident oft the Council District to which the  7    FINAL  COUNTY COUNCIL OF FREDERICK COUNTY  MEETING MINUTES Tuesday, June 18, 2024  (2) the council member being convicted of or pleading guilty to a felony ora (3) the council member being granted probation before judgment for a felony (4)a acceptance by a court ofaj plea ofnolo contendere for a felony or a crime  crime involving moral turpitude;  ora crime involving moral turpitude; or involving moral turpitude.  b) REMOVALOF, A COUNCIL MEMBER FROM OFFICE. A COUNCILMEMBER MAY BE REMOVED FROM OFFICE BY AN AFFIRMATIVE VOTE OFAT LEAST FIVE MEMBERS OF THE COUNCILAFTER A PUBLIC HEARING AND UPON Al FINDING THATTHE COUNCIL MIEMBER HAS FAILED TO PERFORM THE DUTIES OF OFFICE FOR. A CONTINUOUS PERIOD OF SIX MONTHS OR IS UNABLE BYI REASON OF PHYSICAL OR MENTAL DISABILITYTO PERFORM THE DUTIES OF OFFICE. THE. DECISION OF THE COUNCIL, MAY BE. APPEALED BYTHE COUNCIL MEMBER WITHIN TEN: DAYS TO' THE CIRCUIT COURT FOR FREDERICK COUNTYI BY PETITION. UPON THE FILING OF A PETITION, THE COURT MAYS STAYTHE REMOVAL PENDING ITS DECISION. THE COURT SHALL MAKE INDEPENDENT DETERMINATIONS OF FACT, AND ITS DECISION MAY BE APPEALED TO1 THE COURT OF APPEALS OFI MARYLAND.  Council Member Renee Knapp seconded the motion that failed 3-4, with Council Members Mason Carter, Jerry Donald, M.C Keegan-Ayer, and Steve McKay opposed.  Absent/ Abstain/ Present  Council Members District 1- Donald District 2-N McKay District 3-H Keegan-Ayer District 4- Duckett District 5- Carter At Large - Knapp Presiding Officer-Young  Aye  Nay X X X X  X X X  Third Reading Calendar:  a) Bill 24-07 - Amend the Frederick County Code, Chapter 1-19 (Zoning Ordinance) to Update the Definitions of Bodywork and Add New Approval Criteria - Council  8    FINAL  COUNTY COUNCIL OF FREDERICK COUNTY  MEETING MINUTES Tuesday, June 18, 2024  Members Renee Knapp and M.C. Keegan-Ayer on behalf of County Executive  Fitzwater  Council Member. Renee Knapp moved to approve Bill 24-07 Amend the Frederick County Code, Chapter 1-19 (Zoning Ordinance) to Update the Definitions of Bodywork and Add New Approval Criteria. Council Member M.C. Keegan-Ayer. seconded the  motion that passed 7-0.  Absent! Abstain/ Present  Council Members District 1-D Donald District 2- McKay District 3-H Keegan-Ayer District 4- Duckett District 5- Carter Atl Large - Knapp Presiding Officer-) Young  Aye X X X X X X X  Nay  b) Bill 24-08 - Establishing a Community Reinvestment and Repair Fund - Council President Brad Young on behalf of County Executive Fitzwater Council Vice President Kavonté Duckett moved to approve Bill 24-08 Establishing a Community Reinvestment and Repair Fund. Council Member Mason Carter. seconded  the motion that passed 7-0.  Absent/ Abstain/ Present  Council Members District 1- Donald District 2 - McKay District 3- - Keegan-Ayer District 4- Duckett District 5 - Carter AtLarge - Knapp Presiding Officer - Young  Aye X X X X X X X  Nay  Public Comment  Public Comment was heard from: Sulvey Mortinson Malec Camell Annette Breiling Nabal Grady O'Rear  9    FINAL  COUNTY COUNCIL OF FREDERICK COUNTY  MEETING MINUTES Tuesday, June 18, 2024  With no further comments, Council President Brad Young closed Public Comment.  Second Reading Calendar:  a) Bill 24-09 - Backyard Chicken Regulations - Council Member Mason Carter  Public Comment was heard from:  None.  With no further comments, Council President Brad Young closed Public Comment. b) Bill 24-10 - Solar Design Criteria in the Ag Zone - Council Member M.C.  Keegan-Ayer Public Comment was heard from: Polly Matzinger Kevin Selner  With no further comments, Council President Brad Young closed Public Comment.  Public Comment Continued Public Comment was heard from: Andy Ballotia Polly Matzinger  With no further comments, Council President Brad Young closed Public Comment.  Council Member Comments  Council Member comments were provided.  Upcoming Meetings  Tuesday, June 25, 2024 - Workshop Tuesday, July 2, 2024 - Legislative Day  Adjourn  The meeting adjourned at 7:28 p.m.  10    FINAL  COUNTY COUNCIL OF FREDERICK COUNTY  MEETING MINUTES Tuesday, June 18, 2024  Brad W.  y  Yours, Preisident County Council  11