Planned vote on Frederick bag ordinance derailed by process questions

May 25, 2023

Shoppers exit the Weis grocery store on Old Camp Road, off West Patrick Street, on Thursday afternoon with purchases in disposable plastic bags.

Shoppers exit the Weis grocery store on Old Camp Road, off West Patrick Street, on Thursday afternoon with purchases in disposable plastic bags.

Frederick's aldermen on Thursday postponed a vote on a proposed ordinance banning plastic bag use by businesses, after discussion devolved over process questions — particularly, the involvement of city employees in developing legislation.

The proposed ordinance submitted by Alderwoman Donna Kuzemchak would prohibit retail establishments from providing customers with single-use plastic bags, and require businesses to charge at least 10 cents for paper or reusable bags.

When Kuzemchak sought to have two representatives from a local Sierra Club chapter present elements of the ordinance Thursday, Mayor Michael O'Connor interrupted.

The representatives had given a presentation on the environmental impact of plastic bags at a workshop in February.

The aldermen could choose how they wanted to proceed, O'Connor said, but the city usually doesn't have presentations from people other than the staff at public meetings.

That prompted Alderman Ben MacShane to ask why multiple city departments — such as the Office of Sustainability, the Department of Public Works, and the Office of Economic Development — had not weighed in on the ordinance's impact.

O'Connor said those departments had not been asked to provide input on the proposal.

Does the staff have a perspective on whether the ordinance should become a law? MacShane asked.

"Staff has specifically not been asked that question," O'Connor said.

Kuzemchak offered to postpone discussion of the ordinance if aldermen wanted more information, saying she believes the city's process for developing legislation is "broken."

O'Connor disputed that, saying that most legislation is developed with a general consensus that the aldermen would like to pursue something. After that, the staff submits proposals and helps develop the legislation, he said.

At times, Kuzemchak has said the ordinance is hers, and other times that it's from the Sierra Club, he said.

While she was the ordinance's sponsor, it's not her ordinance, Kuzemchak said.

That brought an objection from Alderman Kelly Russell, who said the city's process doesn't have "sponsors" for legislation.

"What does that mean?" Russell asked Kuzemchak.

Alderman Derek Shackelford said he considered the terminology of sponsoring or bringing legislation forward synonymous.

Shackelford said he was "perplexed" that no one from Sustainability, DPW, or Economic Development commented on the proposal.

He said he doesn't think there needs to be consensus if someone wants to bring an issue forward through legislation.

Ultimately, the aldermen voted 4-0 to hold off considering the ordinance until their first meeting in May. Russell abstained from the vote.

Alderwoman Katie Nash said she thinks the bag ordinance is important, but she has also been frustrated by the city's legislative process.

Either way, Thursday's discussion didn't reflect well on the board, she said.

"This is not our best time or our finest hour," Nash said.

Earlier versions of the photo captions with this story incorrectly referred to the location of the Weis grocery store.

Follow Ryan Marshall on Twitter: @RMarshallFNP

Ryan Marshall is the transportation and growth and development reporter for the News-Post. He can be reached at [email protected].

Another example of inventor / industry making billions from a product which was once embraced as revolutionary for its convenience. Now it is considered an environmental hazard seeing it liter our roads tangle in brush and trees discarded in landfills of the world which do not easily decompose and whose particles end up in our waterways and oceans contaminating our drinking water. Like many other plastic products. So humanity, why didn't you manage to predict this hazard prior to its invention? $$$$$

"Alderwoman Katie Nash said she thinks the bag ordinance is important, but she has also been frustrated by the city's legislative process." Frustrating just to read. Doesn't "process" usually mean… "not a waste of time"?

How is it that governments all over this country have managed to accomplish this, but it is too difficult for this city? I recall how slow Frederick was at banning indoor smoking as well. At the time all the bars said it would run them out of business. Funny how that hasn't happened.

The Board of Aldermen are totally dysfunctional with the exception of Kelly Russell. Donna K has been there for 20 years and doesn't understand the legislative process yet! Astounding!

"Bag Lady" DK gets a time out from Mayor.

Understatement! "This is not our best time or our finest hour," Nash said. New, proposed legislation should be shared with all City Departments to solicit comments and potential negative impacts. Those employees 'in the trenches' usually know what will and will not work.

Sad that the BOA has reached a level lower than the one during the Dougherty administration. $.10 for a plastic bag? Come on, man....

Time for Donna to retire. She's lost that "fighting for the citizens" mantra. Sad indeed.

Try reading the article again. The 10 cent charge would be for a paper bag, or a reusable bag. Plastic bags would be banned altogether.

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