Do-Over Needed in Privatization Effort

George Wenschhof

As I pointed out in my column last Friday, the presentation by Oliver Porter of PPP Associates LLC, the day before at Winchester Hall, was not worth the $25,000 the Frederick County Maryland board of county commissioners spent on it.

Hiring a firm, on a sole source contract basis, with limited experience in the field, who also stands to benefit should the board retain their services on a consultant basis, is simply taxpayer money ill spent.

In my previous column on this issue, I called for the board to commission an independent study on the privatization of services from a nonpartisan "think tank" such as the University of Maryland. I am pleased my suggestion is receiving support from well respected former Frederick County Commissioner and State Delegate Rick Weldon who said in an email to me "We definitely agree". According to information I received, the Editorial tomorrow in the Frederick Gazette Newspaper will also support a new study.

The rush to privatize by the board of county commissioners also puts a spotlight on some omissions in the Maryland Constitution. Privatization of government services was not a consideration when the constitution was written and therefore a referendum is not required as it is for a change to charter government. In addition, Maryland has no recall provisions for local elected officials.

The privatization changes proposed by the board, which could affect as much as 25% of the county work force ( 500 workers), is such a drastic change to the current approach of government providing necessary services, a referendum should also be considered to allow voters to have their say in the matter. A simple majority on the board should not be the only requirement for such a drastic change.

At a minimum, sufficient time should be given for the public to digest the proposed changes and provide input. Therefore, it is important this process be slowed down from the bullet train approach taken by Board President Blaine Young, who has already scheduled four public meetings in July on this issue.

County residents will not benefit from this approach and the potential for a back and forth swing when a new board is elected in less than four years would only cause more costly expenditures and further disrupt the valuable government services provided to the community.

Instead, what is needed is time to have a legitimate study done with public review of the report. If, the study suggests privatization of various county services would be beneficial and result in cost savings, then a phased in plan should be implemented as opposed to a full scale change in the provision of government services.

Taking a year to see how well a service is provided by the private sector only makes sense before one would consider privately contracting for another service.

The actions by Blaine Young and Company, have been reckless, full of ideology and short on wisdom. Two of the commissioners; Blaine Young and Kirby Delauter have repeatedly said they do not intend to run for reelection. Leading, to no accountability to the voters for their actions while in office.

This carefree approach to governing also points out the need for the state of Maryland to institute a recall election process for local elected officials. A provision, absent from the Maryland Constitution. One, of only a handful of states, who do not have a way to replace incompetent politicians who are harmful to their community.

Frederick County does not deserve fly-by-night and thoughtless representation. Instead, Frederick County deserves a balanced board of commissioners who take a reasonable, fair and effective approach in dealing with the issues.

Frederick county voters should demand it.

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Two Bids Received For Harry Grove Stadium

George Wenschhof

As expected, two proposals were received by The City of Frederick. One from Maryland Baseball Holding LLC, owners of The Keys and Frederick Atlantic LLC.

A question many have been asking around town is why was a Request For Proposals (RFP) issued for the use of Harry Grove Stadium? The Frederick Keys are a single-a Baltimore Oriole affiliated farm team who have called the stadium home since it opened in 1990, playing their first year in Frederick at the old McCurdy Field stadium.

The short answer to why an RFP was issued is money. The city negotiated with the Keys management for some time for an extension to the lease which ends after the current baseball season.

When I talked with former City of Frederick administrator Rick Weldon recently, he said "the lease rate was the stumbling block" to reaching an agreement. The annual lease fee is presently thirty thousand.

As baseball fanatics also know, rumors The Keys were for sale have been whirling around for at least the last six months with a March 11, 2011 article in Baseball Digest saying multiple sources indicate The Keys price tag was nine million and the sale was contingent on a lease agreement with The City of Frederick.

Frederick Keys General Manager Dave Ziedelis assured me the team was not for sale and expressed confidence in their bid proposal. Over the last seven years, Ziedelis told me he has been involved in three lease negotiations with three different city administrations.

The lease agreement years were 2005, 2007 and 2009. The two year periods, an oddity, as most minor league teams sign long term ball park deals.

Ziedelis also pointed out the team has paid around $175,000 annually in amusement tax and have also invested significant capital into stadium improvements.

Interestingly, The Keys competition comes from Frederick Atlantic LLC who has a strong relationship with Opening Day Partners. Opening Day Partners has Peter Kirk as their chairman and Baltimore Oriole star Brooks Robinson as a partner. Peter Kirk is what makes it interesting, as he was the original owner of The Frederick Keys back in 1989. The team would play in the independent Atlantic League.

I met Jack Lavoie; Frederick Atlantic LLC Majority Member and Michael Kidder; an independent communications consultant and over coffee discussed their interest in bringing an Atlantic League team to Frederick.

Mr. Lavoie said his group became interested as the rumors spread The Keys were for sale and media reports indicated The Keys lease extension with the City of Frederick had not been finalized.

When I asked him if Frederick Atlantic LLC planned to move one of the existing eight teams from the two divisions within the independent Atlantic League, he said no. Instead, Lavoie said "the team for The City of Frederick would be an expansion team".

Lavoie told me after hearing the rumors surrounding the Keys, he reached out and met with Mayor Randy McClement, the city aldermen and city administrator Rick Weldon to discuss his interest. He followed up those meetings with discussions with many community leaders.

Back in February and early March of this year, I was in the process of meeting with city officials for I wanted to "catch up" after I had mostly ignored them during the 2010 mid term elections.

A surprise to me was the topic which came up in every conversation was The Harry Grove stadium lease.

It was during my meeting with Mayor Randy McClement one morning in February at his Deli, the mayor informed me, that due to the failure to finalize a deal with The Keys, he was going forward with a request for proposals for the use of the stadium.

Perhaps, the move to a RFP was a result of the botched sole source lease proposal for use of first floor space in a city owned parking deck for a restaurant. The sweetheart deal, once publicized, has yet to come to fruition. Another example of why I have been calling for the city to establish policies and procedures in regard to the sale/lease of city owned properties.

The areas I heard the most discussion from elected officials during my meetings with them pertained to the lease amount, the use of the stadium during "off days" for other uses (concerts, Babe Ruth teams, etc.), and improvements to the facility.

A concern I have expressed previously is the price of the concessions at the stadium, which are close to the price one pays at Camden Yards; the home of the Baltimore Orioles. While the price of admission has been low to see The Keys play, feeding the kids a hot dog and bag of peanuts has become a stretch for families attending a game.

The other prevalently voiced concern by the aldermen centered on whether there would be a significant difference between a minor league team affiliated with a major league team and a independent league team. However, all of the elected officials I spoke with indicated they wanted what was best for The City of Frederick.

A look at attendance records of the two leagues does not indicate a significant difference. Mr. Lavoie, who lives in nearby northern Virginia, said "he would like to see Harry Grove Stadium become the Living Room for The City of Frederick".

He has spoken with local American Legion and Babe Ruth representatives and would welcome their use of the stadium along with other venues such as concerts, when the team is away. Lavoie has even entertained the thought of providing a prominent display of the local Alvin G. Quinn Sports Hall of Fame memorabilia (currently located at the Talley Rec Center) at the stadium.

Whether The Keys are for sale or not should not be the sole question for city officials when they decide on the stadium lease, as minor league teams are often sold. The Keys themselves have been sold several times since 1989, the most recent sale coming after Comcast realized they were not in the baseball business. However, the likelihood the bidder will remain in the City of Frederick is important.

The decision should be based on the financial stability of the bidder, the viability of the bidder to field a team, the financial benefit to the city, and whether issues, such as "off day" usage and improvements to the stadium have been addressed.

City aldermen were provided the opportunity for input in the preparation of the RFP and Addendum, and when I reviewed them, it appears their areas of concern were included.

Now, the bids have been received, they will be reviewed by a committee which will make a recommendation to the Mayor and Board of Aldermen, who will have the final approval. Mayor McClement indicated to me the review process will take at least three to four weeks.

One option in the RFP, reserved by the review committee, is to also ask for oral presentations from the bidders. An option, which would be prudent for the review committee to exercise.

It was a good move by the Mayor to issue an RFP for the use of the stadium, as the city should benefit as a result. What professionals in sports and in business want is a level playing field on which to compete - the issuance of an RFP should provide this.

May the best team for The City of Frederick win the bid.

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Frederick County Political Buzz

George Wenschhof

Maryland General Assembly Sworn In - new state senator Ron Young (District 3) told me the day before "tomorrow I get sworn in and the next day I'll get sworn at" - a line that caught my attention and one I felt worthy of passing along.

I've known Ron for many years, and for those who know him, he is never at a loss for one-liners. A trait shared by the only other Democrat to win election in Frederick county; state delegate Galen Clagett (District 3-a).

I asked Ron how he is going to vote on allowing wine to be shipped to Maryland residents and he said he would support it. The bill has been opposed by the Maryland liquor lobby in the past.

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The budget will once again be the focus of the Maryland legislature this year and I look to see a serious effort made to raise taxes in spite of the fragile economic recovery. A gas or liquor tax is an alternative.

The bungled roll out of slots has contributed to the financial shortfall. The continued push to force slots on the state owned Rocky Gap Resort, if successful, will be another failed effort and another example of the state pouring good money into a bad venture.

Changing the current laws surrounding slots will be attempted. However, due to the manner in which they were approved (constitutional amendment), the process will require a super majority.

A problem I pointed out at the time, when state legislators punted on making a decision and put it to the voters to decide. I have always maintained politicians are elected to make decisions and not put difficult issues out to referendum.

At some point, a serious examination is needed for the Maryland Department of Business and Economic Development (DBED). The noble reason for it's existence to boost economic development in distressed areas in the state has mostly failed and is costing taxpayers considerable money. Rocky Gap Resort needs to be sold to stop the continued yearly state financial losses.

Look to see Gay Marriage receive considerable support, but for civil unions to receive passage by the General Assembly.

Immigration laws, similar to the one in Arizona will be put forth for consideration, but do not look to see passage.

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City of Frederick - Rick, "like a rolling stone" Weldon continues to let no moss grow as he moves again from his position as executive assistant to the mayor of the City of Frederick to a similar position with the mayor of Brunswick.

Today is his last day and I wish him well as he heads home. Rumors are rampant as to who his replacement will be - the latest I heard was former alderman and mayor candidate Joe Baldi. Baldi, like Weldon is well liked, and with his city experience, would be able to hit the ground running.

While I'm on the city, does it seem like public works is struggling to keep up with snow removal? Last year's back to back blizzards were a good excuse for the poor snow removal. But, the recent minor snow/ice storm left many side streets covered with ice two days later. I'm probably being too picky here as their job is always difficult and I do appreciate their work. But, snow removal is one thing voters take stock of when they go to the polls.

So, how is Mayor Randy McClement Doing? A nice man, he has avoided any of the contentious mayor/alderman interactions voters have witnessed in the past. For the first year on the job he has escaped close scrutiny, partly due to the state/county elections. From this point on, expect more focus on his administration. To date, it has been void of vision or goals and has taken on the appearance of a caretaker administration. The city deserves better.

The recent announcement that Hope VI "affordable townhomes" will be offered starting at $335,000.00 caught my attention - affordable? - Hardly. They will be built on 6th street in downtown Frederick, one block away from a privately owned parcel where townhomes, offered in the same price range, have not sold for the last three years.

The "change in the neighborhood" from the former public housing units has been, on the most part, a positive. However, none of the former residents can afford a $335,000 home.

In addition, the failure to focus on the redevelopment of the west end continues to be a problem. Building a eyesore fence along the once "golden mile" is not the answer. The construction of several pedestrian bridge cross ways makes more sense and would be more aesthetically pleasing.

Efforts to involve the community in soliciting ideas to redevelop the west end is noble. But, how about asking professionals? Surely, national municipal organizations have examples of where similar sized cities, facing the same challenges have successfully redeveloped troubled areas.

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Frederick County - recently defeated county commissioner Kai Hagen announced he has started up a non-profit organization "Envision Frederick". The listed members of the Board of Directors make up a who's who list of those who opposed the majority of the current board of commissioners.

While I opposed his reelection, I wish him well in this new endeavor. Having a dialogue on the future of Frederick County is always a good idea. The tricky part, in addition to raising the needed capital, will be keeping the politics out of the non-profit organization's efforts.

"East Frederick Rising", another well intentioned organization, has struggled with funding since their formation several years ago.

After an initial feeding frenzy by the press in regard to Commissioner Paul Smith's desire to amend a section of the ethics law and their focus on Commissioner Kirby Delauter's potential ethics issues in regard to his business, the new board of commissioners have settled in.

Smith failed to fully explain his intention and got clobbered as a result and when he did try to explain, the damage had been done. Delauter choose to simply not communicate with the press, a strategy that does not work well today. Business owners who enter politics in small communities are always faced with potential ethics problems. It often dissuades well qualified candidates from entering the fray. However, the ethics laws are there for good reason and a candidate for office should be aware of them.

One who is not shy with the press, Commissioner President Blaine Young, shared with me he understands the press wants information and he tries hard to accommodate them and be accessible.

Budget issues will continue to be a major concern as roughly a 3% reduction is needed in the general fund. Privatization of services is one area the new board wants to examine. However, look to see this be easier said than done.

As promised in the campaign of four of the new commissioners, a review will be available to property owners who had their land downzoned during the last board of commissioner's term - a reasonable approach to a difficult issue. Do not look to see major zoning changes coming as a result. More likely, a handful of property owners will now have a remedy.

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MD Delegate Replacement Process for District 3-B has it's Shortcomings

George Wenschhof

Local Republican Central Committees were unable to reach agreement on the replacement for the vacant state delegate position from district 3-B. Instead, they have sent two names to Maryland Governor Martin O'Malley and left the decision to him.

Who would have ever thought that questionable procedures to be followed to replace vacant state elected Delegate positions would ever touch the southern tip of Frederick county, Maryland.

Yet, it should not have been a surprise as this decade began with counties in the state of Florida counting "hanging chads" as the country struggled with determining the 2000 presidential election outcome.

The 2008 Democratic primary, aided by 24/7 News and Internet reporting, further provided a civics lesson when the convoluted process used by the Democratic Party to determine their nominee went on display.

Voters learned a state could hold a Caucus or the traditional voting procedure in their primary, each state could have a two step and sometimes three step process for awarding state delegates to the candidate, states were stripped of delegates due to holding their primary too early, and on top of all of those differences between states, candidates had to win over superdelegates who were not answerable to the voters.

All the nuances in procedure played important roles as the close and hard fought contest between Hillary Clinton and Barack Obama played out. Fortunately, the Democratic presidential primary process is currently under review by the Democratic National Committee.

In Maryland, when a state delegate position becomes vacant, the process to fill the position is for the local central committee representing the political party held by the individual when they were elected to office, is charged with determining a replacement which is then confirmed by the Governor.

This is important, as Delegate Rick Weldon who resigned to take a position with the City of Frederick, was elected as a Republican and switched to "Unaffiliated" a year prior to leaving office. Some have questioned why the replacement should be a Republican.

Another part of the selection process for the replacement came into play as the state delegate from district 3-B represents voters in both Frederick and Washington counties. Which leads to the central committees in both counties having an equal say in the nomination process for the replacement per the state constitution.

Some have questioned the fairness of this as the voters in Washington county make up about 6% of the district. The argument, which is valid, is the Washington County Republican Central Committee should only have 6% of the vote in determining the next delegate.

Nonetheless, that is the process, with each central committee being able to submit a name to the Governor if the two committees do not agree on one individual. Which is exactly what happened when the Frederick County Republican Central Committee selected Michael Hough and the Washington County Republican Central Committee selecting Frederick county Commissioner Charles Jenkins.

Additional questions that have been asked pertain to if a member of the central committee who is under consideration for the vacant position can also vote. This was allegedly the case with Mr. Hough who as a member of the Frederick county Republican Central Committee, voted for himself.

Further aggravating to some Republicans was the vote by the central committees were secret with one strong rumor indicating Mr. Hough won by one vote (his own) in Frederick County. Also angering some Republicans were the interviews held by the central committees were held in private and not open to the public.

Now that both names have been submitted to the Governor, it is left to him to make the decision. Not necessarily a good position to put your Governor in, especially if he is a Democrat and you are a Republican.

It is already clear, that if the losing candidate is Michael Hough, he will use the appointment choice by Democratic Governor Martin O'Malley of Charles Jenkins against him. He will say he is running against the liberal Democratic Governor's choice for the district.

The 2008 presidential election and subsequent White House appointments by President Obama also pointed out differences in the filling of vacant U.S. Senate and House of Representatives positions by state. Some could be appointed and then subject to a special election, some were held vacant until a special election was held, and some could be appointed immediately.

Former Illinois Governor Rod Blagojevich hastened his already destined departure from office by talking about how the vacant Obama Senate seat was "fu..ing golden" in apparent reference to how valuable the position was to him as it was he was who would name the replacement.

Over in Delaware, Vice President Joe Biden's Senate seat was replaced by a placeholder (a long time family friend) who would hold the office until the next election when Beau Biden (yes, Joe's son) was back from serving in Afghanistan and would run for the position.

The late Ted Kennedy, prior to his death, appealed to have the Massachusetts law requiring a special election changed to be a Governor appointment as he knew this one vote in the senate would be crucial to the passage of health care reform. His appeal was successful in the state and that one vote did make a difference in the senate passing health care reform.

I wrote back in a column dated December 18, 2009 what the possibilities may be in replacing Rick Weldon, who has just made public his resignation. I was correct in predicting Michael Hough and Charles Jenkins as the main competitors for the position and pointed out the Republican central committees had the possibility of naming a placeholder until the general election on November 2. It made sense for if they chose Jenkins, they would have to go through another contentious process of naming his replacement and by not choosing Hough, they would avoid splitting their party.

As a Democrat, I am disheartened by Republicans being able to give a leg up in the Elections this Fall to one candidate, let alone two if Frederick County commissioner Charles Jenkins is selected. It is also questionable, if Jenkins, who has not filed to run for delegate or raised any significant funds, would run if he did not receive the interim appointment. However, I am no supporter of Mr. Hough.

I look forward to the Democrats fielding a competitive candidate(s) for Delegate in District 3-B, a district that is winnable for Democrats. There are about 31,000 registered voters in the district with the approximate breakdown being: Republicans-13,000, Democrats-12,000 and Unaffiliated/Others-6,000. A strong moderate Democrat would do well in this district.

Let's now hope the discussion moves to what the candidates propose to do for the voters in district 3-B.

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