The County Council decided Tuesday to rehear the Monrovia Town Center case again from the start, after deciding that there were some issues with the record that they couldn’t sort out.

But two of the five council members, Kirby Delauter and Billy Shreve, are now concerned about statements that were made Tuesday just before the vote.

A judge had told the council to look at the record — specifically, what effect a particular letter had on the record. He told the council to hold further proceedings and take testimony on the matter. So the council asked former commissioners to submit affidavits about whether the letter influenced the board’s vote.

At the meeting Tuesday, a council member and a senior assistant county attorney also insinuated that the council had asked two former commissioners, Blaine Young and Paul Smith, to come before the council to testify. Shreve had asked the attorney, Michael Chomel, whether the council could ask Young, the former commissioners president, and Smith to come before the council.

“I think we already did,” Council Vice President M.C. Keegan-Ayer responded. “That was the hearing we had in June.”

To which Chomel added, “The answer is yes. And I think they were invited to come.”

They weren’t formally invited to testify, though. Asked Wednesday to provide any correspondence to the commissioners, Ragen Cherney, the council’s chief of staff, responded by referencing letters the council sent to commissioners asking for their affidavits. The letter mentions an upcoming public hearing on the topic but doesn’t specifically ask the commissioners to come.

Reached by phone Wednesday, Smith said he can’t remember if he was asked to testify in person. He declined to comment further on the topic.

Young sent an email Wednesday to the council members and media making it clear that he wasn’t invited.

“I would have been more than willing to come and testify and be cross-examined by the council or public if requested and needed,” he wrote.

Reached by phone later Wednesday, Young said it upsets him that it was stated in the record that he was invited, before the vote on such an important matter.

“That’s a boldfaced lie,” he said.

Historic Preservation Commission violates Open Meetings Act

When the Frederick County Council was trying to decide earlier this year whether to designate Trout Run as a historic property, they looked to see what the Historic Preservation Commission was recommending.

But if you wanted to know more about why the commission reached its positive recommendation, part of the record was missing. The minutes and recording of a Dec. 3 meeting were not available when the council was discussing the topic.

The fact that the commission failed to produce minutes or a recording of the meeting was a violation of the state’s Open Meetings Act, a state compliance board decided in an Aug. 20 opinion.

“The act requires the public body to provide minutes in the form of either ‘live and archived video or audio streaming’ or else written minutes, which must be prepared as ‘soon as practicable after the meeting,’” the opinion states.

Kimberly Mellon, who was an advocate against the historic designation, filed the open meetings complaint. A county attorney responded and said that the county’s video recording system was unavailable for the meeting, so county staff instead turned to the audio system for a recording, according to the board’s opinion.

“It appears that staff learned about five months later that nothing had been recorded,” the opinion states.

The county attorney says the county will now check audio recordings promptly to ensure that the system worked and the commission will now adopt minutes at each successive meeting, according to the opinion.

Democratic breakfast

Council Vice President M.C. Keegan-Ayer will be the special guest at the South Frederick County Democrats breakfast next week.

The breakfast will take place at 8 a.m. Tuesday at IHOP, 5277 Buckeystown Pike in Frederick.

For details, contact rolan.clark@comcast.com or Ed Burrell at 301-810-5775.

Follow Jen Fifield on Twitter: @JenAFifield.

(36) comments

DickD

The way this whole motion was messed up by the BOCC, I see no way to do this rationally, other than starting over. I don't know why Paul Smith wrote the letter, but he did. And as the judge stated, it "tainted" the BOCC's motion. I don't even consider it relevant as to how each member of the BOCC was affected by the letter, it was done at the spur of the moment, at the last minute with no chance of rebuttal. Paul knew this, Blaine knew this. Billy and Kirby were just pawns to Blaine. Once the process is tainted you cannot and should not accept any part of the ruling, made by the BOCC.

BstD59

You keep defending Kirby and Billy as mere pawns in Young's games, but I'm not so sure I agree with you, Dick. Based upon what I see and hear from these two my guess is they were well aware of what was going on then just as they are now. The only difference is they aren't as nefarious as Young and Smith, not because they don't want to be, they just aren't as cunning or calculating as the other two.

neilyoungfan25

This is getting real ugly[censored]

MAVRICKinc7

AND, so it should be. What did you think government corruption looks and sounds like. AND, just to reflect for a moment, this is exactly what Young, Smith, Delauter, Shreve and Chmelik have INTENTIONALLY perpetuated for YEARS, then and now, serving in public office.

The players identified have always known and been OPERATIVES on how this game was played out years ago and currently being played out to this day.

Not even DickD can bring himself to fill in all the blanks or even admit he's as much a pawn and puppet of his own imagination and self worth. Simply said he can't bring himself to accept or even get close to the truth and has always played with the edges of the LIE, usually by OMMISSION, which he, on occassion, has shown this audience his TRUE COLORS and CORE VALUES that are as exclusionary as you care to imagine.

We can play around with this all we want to. But ,our WORD is no longer our bond. Those convictions have long been eroded away for decades, where now we are alllowed to lie with a straight face. Haven't we been conducting our own business through the lenses of the LIE and those most comfortable in telling the LIE.

I know a lot of good liars, from one end of the human spectrum to the other. Our history is full of liars, and for what ever reason and ulterior motive, usually buy the LIE proxy vote and our next door neighbor's opinion instead of our own.

We asked for AFFIDAVITS and called it testimony, when there is no recorded testimony under oath, that is subject to cross examination and the sanctions afforded the conditions and consequences of perjury.

Our BOCC and Charter government members are just FOLKS with deep roots to the community and FAMILY CORE VALUES, that have been found out, and not the laws of the land.

We're just a spot on a map that reads hypocracy, discrimination, separatist values, corruption and exclusionary white people's Christian justice. Sort of like living on an island while maintaining only the image and not the reality of self sufficiency.

We have advocates like Kimberly Mellon who would form a judgement against the Church of Scientoloy and designating Trout Run a historical site while reling on a County PRESERVATION RECORDS that's suddenly are not avaialable for public inspection or interpretation. SO, and AGAIN, the public is only being led around by the nose by half truths (aka LIES) and the same kind of emotional and personal FEELINGS that keep most at arms length, as with most standards associated with corruption and its devisive manipulation of the County and City's citizen population.

magnumrn2

Barbara Dean, if we do away with the historic preservation commission, downtown Frederick will no longer be a tourist attraction and stores will close. We will become Hagerstown. Do not kill the goose that lays the golden egg! If you don't want to adhere to the rules that makes our city such a treasure, feel free to move. Plenty of people would love to live in the historic district and will buy your house in a minute! Jean

Glen Shiel

[thumbup][thumbup][thumbup]

barbaradean8

really? i think people visit Frederick for the fine dinning and stores.and for the mountains and the lovely countryside.not a phony historic district

BstD59

Phony? There is absolutely nothing phony about the historic houses or the historic district, that plain just doesn't make any sense.

Of course tourists come to see the historical charm our city has to offer, and they come to dine and shop as well. The ambiance the city enjoys is because of the historic commission and their watchful eye over the valuable homes and shops. If you don't like having a historical home then I suggest you don't buy one. If you already live in one then you are more the fool if you bought knowing there would be restrictions.

Dwasserba

And I wish we could discuss Frederick without dis'ing Hagerstown.
The HPC was and is needed, and downtown's homes are a visual asset. So are stores, restaurants, mountains and countryside. The bristly natives keep it edgy.

CITYCABCOMPANY

Can't wait to take the stand in court for Roy. [wink]

BstD59

I don't live anywhere near this area but it affects me just the same as it does everyone who lives in Frederick County. I'm very appreciative of the efforts put forth by Steve, Matt, and many others. Their hard work and dedication on behalf of the citizens of Frederick proves that the good people certainly outnumber those who would do us harm.

I believe in karma, and karma will have its revenge on Young, Delauter, Shreve, Smith. And I'll add Chmelik to this list as he has proven to be no better than the other four.

tonyc51

[sleeping]

barbaradean8

in other news,it time we abolish the historical preservation commitee.its time they mind their own business and not tell people what to do or not do with their homes.busy bodies at best

MAVRICKinc7

But isn't that what the leaders of most Homeowners Associations are all about? Isn't this the same kind of governance that resembles and revisits the days of feifdoms, oligarchy governance, plantation life and dictatorships? And all this time we thought we lived in America and not downtown Berlin Germany.

Is there a difference? If so, tell me about all the COVENANTS that run with the land you own or rent and tell me you didn't give your rights away before even moving in. Sort of like signing a Republican oath to be nothing more than a cookie cutter mentality of conservative values and reducing our existence to the same LIES we told ourselves before signing on the dotted line and never turning the page to the SMALL PRINT, covenants, conditions, consequences and circumstrances that might visit you later, but only AFTER the fact? How many decades have we lived under this notion of "sameness" and assigning all original thought to someone else who gets to drop by and tell you where to put your trash can after pick-up or what color your front door should be.

What is it about herded cattle don't we understand?

stevemckay

First, all this whining about not being invited. Are they serious? What are they, insecure 13 year olds? Whatever happened to taking personal responsibility? They were written to, they were asked to submit an affidavit, and they were told about the hearing ... as if they needed to be told. If he had something to say, he should have showed up and said it. I didn't get a personal engraved invitation to the hearing. I had something to say, and I showed up and said it.

Second, who cares what he has to say at this point? He had his opportunity to speak up and try to save his corrupt zoning approval and he took a pass. Now the Council has undid his approval and will start over again. Frankly, at this point and on this issue, Blaine is irrelevant.

MAVRICKinc7

NOT irrelevant, but a major part of a LIE he governed by and ALMOST got away with it for 5 years and still walking around, thumbing his nose and that of his loyal operatives at any current effort by Jan Gardner's Charter administration to bring Frederick County out of the dark.

If Blaine Young can't wait to testify for the Developer in open Court, why not subpoena Blaine as a co-conspirator, along with Paul Smith, Delauter, Shreve and Chmelik. Why is there this need for them to bluster, pontifications, their barbs and misinformation while manking every attempt to distract us from finding out the truth of the MTC matter.

I can only suggest you take a closer look at the bigger picture and focus in on ALL its separate parts and start connecting the dots, rather than the many games they will continue to play with your emotions, instead of a strategy that will win the WAR and not just many battles you will be caused to win on occassion.

If Blaine Young wants to represent the builder in Court, why shoud Blaine or any of his CONTRIBUTORS be immune from a third party interpleader and named as a co-plaintiff or defendant? Should this occur, you get to depose everyone associated with this blatant corruption that has only so far been religated to polite conversation and in more ways, that have yet to be counted or included by the likes of the County's Attorney and his senior working staff's participation in bending and distorting (by legal eze and stealth strategies) with the use of Robert's Rules of Order, which so far, mean nothing to Young, Smith, Delauter, Shreve, Chmelik or their loyal government operatives.

Any questions you may have should be answered by viewing the last recorded Council meeting of September 1, 2015.

matts853

I'm so sick of this guy:

On the Bob Miller show yesterday Bwaine had the audacity to complain that the council decision was "predetermined". That's rich coming from him. He also threw Smith under the bus by saying none of this would have happened if only Paul made a phone call to report his ex parte communication with FACT. He also claimed a prior board (even before Jan's) approved the project.

Blaine, you are a man child. You continue to lie and you never accept responsibility for your actions. It's always someone else's fault, or your just a victim of circumstances. Dude, just man up for once in your life.

One more thing Bwaine - you are too much of a coward to have ever testified. Stop lying.

The adults are in charge Bwaine. You are irrelevant.

Matt Seubert

stevemckay

[thumbup]

armillary

[thumbup]

BlueDawn666

[thumbup]

matts853

Just think, these 2 clowns once had tremendous power in the county. Now they are reduced to covering their hind parts. An all too deserved fall from grace.

FrederickFan

Developers paid Young alot of money to violate a wide variety of planning rules and sell out the taxpayers. They have to be bitterly angry he failed to deliver on this one.

bmclearen

Who else did the builders pay? Anyone we know and read about all of the time?

Tigerzord

Oh I am sure there are many many others in the county that were to benefit from BY BoCC development reign.

stevemckay

Btw - the term is "bald-faced lie." Blaine should know this given his habit of saying them

FrederickFan

True. For example, the "bald faced" lie Young has been spreading recently including last evening on the radio: "... MTC has been zoned residential since the sixties..." This is a lie.

The truth: The property was always been zoned agricultural until a small portion, roughly enough for 100 homes, was zoned light residential (low density) in the mid 1990s. More land was zoned residential in the mid 2000s, then it was all zoned back to agricultural a few years after that.

It was the Young Board, in late 2014, that first gave the entire property the high density residential zoning completely inappropriate for that area.

DickD

Yes, it is hard to argue with experience from the expert!

stevemckay

I think they are a little late in suddenly wanting to testify. But that's ok, they can have their three minutes at the public hearing - just like everyone else

DickD

Thank you Steve! Yes, give them their 3 minutes, we know what they will say, it will not change much, it might get them into deeper trouble.

MAVRICKinc7

Unless and until any one of the participants in this scam are put under oath, subject to the consequences perjury, their is no 3 minute scripted speech that will make them any more credible or accountable than they have been for the last 5 years. These guys are pathological and some of the best liars Frederick Copunty has to offer. Without the right to cross examine them, while under oath, there is no good reason to pursue and sorting out who the best liar is. It's not about listening to one way conversations as we have been exposed to for so many months, based on false witness and false trust these guys continue to perpetuate with the likes of rebuttable and emotional conclusions they are serving up under the likes of "are you calling me a liar?"

After Tuesday's scheduled Council meeting we can conclude they are liars by ADMISSION and OMMISSION. Councilmen Donald, Fitzwater and Keegan-Ayer did an excellent job in standing their ground, even though provocked and baited by Delauter, Shreve and Chmelik on numerous occassions to tell our audience what they really thought, even though Councilwoman Fitzwater did get close to open anger for the way she was being treated and attacked by the 3 stooges. We call that RESTRAINT and I thought Keegan-Ayer, Fitzwater, Donald AND Bud Otis, especially, for allowing the Three Stooges go on and on and repeating themselves over and over again until there was nothing more to say but the taking the vote.

Have a distinct impression this will not be the last time this strategy plays out to the open public or from behind closed doors.

MCEDDE21

This article presents no evidence to show that either Smith or Young "will" appear for questioning before the Council.

M.C. Keegan-Ayer and Michael Chomel expressed their recollections. There were no "boldfaced" lies, as Young frames it.

Judge Nicklas' remand order raised seven issues. The Council's decision is not simply an investigation regarding the FACT Letter but to establish a "clean record" with an entirely new review and approval process.

Smith didn't submit an affidavit, as requested by the CC. Young's affidavit merely stated that the FACT Letter did not affect his VOTE. But, as noted, the issues are many and deeper than the letter's impact on any BoCC member's vote.

Blaine and the gang realized that the costs and hazards associated with Route 75 represented the Achilles' Heel of the County's approval of MTC. That's why Paul Smith and Michael Smariga created the FACT Letter and why Blaine entered it into the record without allowing public comment or questioning by Michelle Rosenfeld or others.

The letter was not intended to taint or affect the VOTE by the BoCC. It was intended to taint the RECORD, in such a way as to buttress the Blaine Board's position, with regard to the impending RALE lawsuit. Judge Nicklas clearly saw through the scheme.

MCEDDE21

FNP: Thanks for editing/clarifying the original headline, posted last night, which suggested that the two ex-comms actually intended to appear before the CC for questioning!

DickD

Good analysis![thumbup]

Tigerzord

Notice how Shreve, Delauter & Chmelik are still scrambling to do anything, say anything to not have this go back to the planning commission because they know they are going to be found out about all the bad decisions and deceptions through this whole process. I wonder how far Weinberg will distance himself from this?

phydeaux994

The Fatuous Four strike again!!!!

DickD

I am sure Blaine knows a lie, when he hears one. But does it really make any difference? I know of no compelling reason that the Council would be required to hear testimony from Blaine. The vote was taken, it is a matter of record.

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