THE CITY OF FREDERICK

101 NORTH COURT STREET

FREDERICK, MARYLAND 21701

UTILITY COMMITTEE

Minutes

2:00 p.m.

Tuesday, March 27, 2007, City Hall – Board Room

Aldermen Present: Alderman Koontz, Alderman Imhoff.

City Staff Present: Saundra Nickols, City Attorney; Thomas Davis, Deputy Director of Operations; Keith Brown, Water Superintendent; Gene Walzl, Project Engineer; Sarah Stamper, Engineering Secretary.

Citizens/Representatives Present: Mr.Chris Smariga, Harris Smariga Associates; Mr. Mike Watkins, Harris Smariga; Mr. Bruce Dean, McEvoy & Dean.

Item 1: Approval of the minutes from the meeting of February 27, 2007.

Alderman Koontz moved to approve the minutes as published. Alderman Imhoff seconded the motion and the minutes were approved.

Item 2: Discussion of a request by Harris Smariga & Associates to allow Frederick County Public Schools to continue utilizing two water meters at the property where both West Frederick Middle and Frederick High School are located.

Mr. Mike Watkins, Harris Smariga & Associates, represented Frederick County Public Schools. He stated that they had a site plan pending to renovate and expand West Frederick Middle School. There are two water meters located on one piece of property--one meter to serve the high school, and one meter to serve the middle school. City policy allows only one meter per property. To subdivide the property to meet the requirement would present a hardship for the owner. Thus, the request was to allow the two meters to remain on the property without subdividing the property.

Alderman Imhoff asked Mr. Brown if there were any fire safety issues with allowing the property in question to be serviced by two meters. Mr. Brown responded that there were no fire safety issues involved. He also noted that there was an irrigation meter on the property which serviced the football field.

Alderman Koontz moved for the Utility Committee to recommend approval to the Mayor and Board to allow the three water meters, two for potable water for the schools, and one for nonpotable water for the football field, that have been in existence since 1956 to remain. Alderman Imhoff seconded the motion which was unanimously approved.

Item 3: Discussion of a request by McEvoy & Dean on behalf of H.F. Payne Construction Company, Inc. to recommend to the Mayor and Board of Aldermen that four easements for Birdseye View Estates subdivision be approved.

Mr. Bruce Dean, McEvoy & Dean, and Mr. Chris Smariga, Harris Smariga & Associates, were present on behalf of H.F. Payne Construction Company. Mr. Dean stated that the Frederick County Director of Development Review has determined that for certain offsite easements in the County Rights of Way, that the easements granted to the City must contain language that future road improvements which necessitate relocation of infrastructure would be at the City’s expense.

Mr. Smariga pointed to a map and stated that there was an existing 16 inch waterline on Bowers Road which continued along the property frontage.

Mr. Brown noted that the City would probably request an easement from the County to tie the two zones together.

Mr. Smariga indicated that Ms. Betsy Smith, Frederick County, required the widening to put in a drainage swale. Bowers Road is in the County.

Alderman Imhoff questioned/stated that approving the easements would be doing County open sections which we don’t allow in the City. Alderman Koontz noted that the City couldn’t get water to Bowers Road.

Mr. Dean stated that the immediate issue was that it was 4 ft. down and there were no current plans by anyone to improve Bowers Road or Rock Creek Drive and beyond that it would be difficult due to grading.

In response to a question raised, it was noted that there are approximately 20 homes (on the old Kline Property) which are beyond the Birdseye View property which would be involved.

Mr. Brown stated that there was a project in the Water Master Plan to tie the 40 West High Zone and Whittier High Zones together. A Request for Proposal should be released within 6-8 months with a planned 2009 construction completion date.

Alderman Koontz questioned whether approving the easements would incur negative costs for the City taxpayers.

Ms. Nickols pointed out the clauses regarding the City’s expense to relocate the infrastructure. She stated that since the easements included wording other than the standard language, that the easements should go before the full Mayor and Board.

Everyone present agreed that the easement request should be heard by the Mayor and Board.

Alderman Koontz requested Ms. Nickols add the easements to the agenda of the earliest Mayor and Board workshop possible.

Mr. Dean noted that he was familiar with another situation in which the developer involved was required to incur the cost of relocating infrastructure for Christopher’s Crossing. However, Mr. Dean pointed out that the developers had an idea of the timeframe during which the improvements would be required. The Birdseye View property has an indefinite timeframe for the infrastructure relocation.

Alderman Imhoff indicated that there were no large developable lots to the west of the property and that the property in question was a piece the City needed and has planned for in the Water Master Plan. Therefore, it might be in the best interest of the City to acquire access to the infrastructure at that location. Alderman Imhoff requested Mr. Brown prepare and submit a brief summary of the situation and how it could affect the Water Master Plan, prior to the Mayor and Board workshop during which the item would be heard.

Alderman Koontz questioned why the City should incur the costs instead of the developer who would profit from the project.

Alderman Koontz moved that the Utility Committee recommend that the item be moved forward to be heard at a Mayor and Board Workshop. Alderman Imhoff seconded the motion which was unanimously approved.

There being no further business, the meeting adjourned at 2:10 p.m. on a motion by Alderman Koontz. and seconded by Alderman Imhoff.