THE CITY OF FREDERICK

101 NORTH COURT STREET

FREDERICK, MARYLAND 21701

UTILITY COMMITTEE

Minutes

Wednesday, October 13^th, 2004 , City Hall - room 214

Item 1: Approval of the minutes from the meeting of September 8^th, 2004.

Alderman Ramsburg moved for approval and Alderman Bill Hall seconded.

Item 2: Consideration of a request by Mr. Andrew Dayton to review charges to water bill for property at 800 E. 16^th street.

Mr. Dayton did not attend this meeting and Alderman Ramsburg stated that due to the information that was sent to Mr. Dayton and following the rule of water leaking into the system and not into the ground felt the request should be denied. Alderman Bill Hall also stated that once it goes through the meter it is considered usage.

Motion: Alderman Ramsburg moved to deny the request of Mr. Dayton. Seconded by Alderman Lenhart. Vote 3-0 in favor.

Item 3: Continued discussion from the meeting of September 8^th, 2004 regarding the Stormwater Management area located behind Blue Ridge Court.

Mr. Paul Lee spoke and stated that research has been done by staff and stated that a fence would be required in this area by today’s standards. Mr. Lee explained how the original plans show three configurations for the pond. 1)Just the pond itself, 2) showed one pond with a dual purpose of a pond and a recreational area and 3) showed just a recreational area. Mr. Lee stated that regulations did not preclude the dual purpose back then. The Orchard Hill apartments had a larger impervious area and provided a larger pond whereas Mountaingate is designed to receive a smaller area but also to include the Orchard Hill area. Discussion continued regarding the standards that are required now and how they are different from when the development was built. Mr. Lee stated that the plat from 1974 approved by the planning commission shows one of the existing storm drain easements clearly indicated that this area would be maintained by the HOA. Mr. Dennie explained that the outflow from Hill Street Park, Hillcrest Elementary and the condos built south of Orchard Way feeds into a drain that feeds into the apartment stormwater pond and Mountaingate receives the overflow from that. Mr. Dennie stated that the outflow from the apartments is larger then the outflow from the pond at Mountaingate. Alderman Lenhart asked Mr. Lee why no stormwater management pond was built at Hill Street park. Mr. Fred Eisenhart stated that it could be that the land was originally a townhouse development and it was built to accommodate that development. Alderman Ramsburg stated that several properties built 30 or more years ago did not have adequate ordinances to accommodate stormwater issues and that HOA’s did not realize the depth of the problems that are occurring now. Mr. Dennie stated to the committee that they were looking into ways of getting equipment into the area to remove the silt that is at the bottom of the pond. Alderman Ramsburg asked if their was some way to help with the removal of the silt so that a fence could be built in that area. Ms. Saundra Nickols stated that it was not good policy to loan city equipment to private entities. Questions were asked and discussion continued regarding the city’s responsibility should the Homeowners Association dissolve. Alderman Lenhart stated that at the field trip he remembered staff saying that if other measures were taken, the silt would not have to be removed and that the city would be responsible for any area in the easement. Ms. Hasset agreed but said that she would like to have this information in writing. Mr. Randy Connatser stated that the sediment has taken up volume from the design capacity of the pond and that may be an issue. Mr. Connatser also stated that the added volume that has been taken could cause some problems. Mr. Connatser stated that it is still unclear whether this area is a city easement. Mr. Nickols stated that if this is an easement given to the city it should be on record. Alderman Ramsburg stated that she thought the city needed more information from the HOA if the city was going to help. Ms. Hasset stated that she knows about the fence, but does not have any information other than that. Discussion indicated that the city does not have any obligation and can only inform what the options are to correct but that there is a liability on the part of the Homeowners to maintain the pond functioning due to what could occur downstream. Mr. Dennie would like to city to indicate exactly where the fence that is required by them to be located. Alderman Ramsburg stated that the city is currently working on land management and stormwater management ordinances. Staff stated where the recommendation for the location of the fence would be. Alderman Ramsburg stated if they were willing to give cost estimates for the removal of the silt, the city might revisit this issue. Mr. Dennie stated that if part of the area is cleaned out, it might be possible to get a bobcat style piece of equipment in to clean up the silt. Staff recommendations were given regarding access to the pond.

Motion: Alderman Ramsburg moved to have legal staff check on the easements in this area and whose easements they are and to send a letter to Clagett Enterprises and to copy the Utility Commission on this information. Seconded by Alderman Lenhart. Vote 3-0 in favor.

Minutes submitted by Eileen Farrar