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The City Council met in regular session on Monday, November
5, 2001, in City Council Chambers. A
quorum being present, Mayor Cleveland L. Rippons called the meeting to order at
7:00 p.m. Those Commissioners in attendance
were Commissioners Bohlen, Watkins, Weldon, Atkinson, and Travers.
Ed Kinnamon led
in the Lord’s Prayer. Commissioner
Atkinson led in the Pledge of Allegiance.
Commissioner Watkins made a motion to approve the minutes of the October
29, 2001 Council meeting as distributed.
Commissioner Weldon seconded the motion. The motion was passed unanimously.
None
Discuss Legal and Financial Ramifications of Proposed
Annexation—As the City has received
several requests for annexation, Rob Collison outlined the legal
requirements. An annexation request can
come from a property owner or it can be initiated by the City Council. In each situation, you must have consent of
the owners of 25 percent of the assessed values of the property and you must
have 25 percent of the registered voters within the area to be annexed
in. Before the City can proceed with
the annexation resolution they must have the meets and bounds description of
the area to be included. After the
resolution is introduced, there will be four advertisements for a public
hearing. At the public hearing the City
will present a plan for expenditures as to the area in question and how it
would be funded. The big expense is the
extension of water and sewer. This
could be partially funded by the residents or by grant funding or other
sources. Following the plan will be
time for public comment and then the Council will decide whether to approve and
proceed with the annexation. After the
vote is taken, there is a period of time (45 days) in which 20 percent of
the people within the area can petition for a referendum.
Rob Collison said there have
been several cases recently on required annexations in extending any water
and/or sewer. A developer outside
Oxford wanted City water and sewer but did not want to be annexed. The City turned it down. You cannot turn one person down in that
scenario and then later approve someone.
Once you grant an exception to let someone get services without
annexation, anyone else can request services and get them as long the system
has the excess capacity. Easton does
not grant any exceptions. Rob feels
this is a sound policy.
The only other exception
that has occurred with the City was when the State of Maryland demanded that
the City take certain areas in for environmental reasons on a public safety or
health issue. If the City had not
accepted the Town of Church Creek in its system, Cambridge would have been
fined $25,000 a day. The only other
exception Rob is aware of is the State of Maryland at Horn Point. There is a provision in State law for State
facilities. If you have excess capacity
and a State facility is within reach and they will pay for it, you cannot deny
them access.
There have been other
instances when the City took over the water company that had pre-existing
contracts with certain areas (Algonquin, etc.). These contracts were upheld.
The Sanitary District is something separate. Another expense is the cost of advertising. This is usually billed to the property
owners if the property owners requested the annexation. The City would pay this cost if the
annexation was initiated by the City.
The annexed area cannot
create an island of un-annexed area in the City. The area has to be contiguous to the City but you cannot skip
over a property and take in everything around it. The whole process takes approximately four months unless there
are sufficient numbers to have a referendum.
David Pritchett reported
that George Hyde came up with two options for running sewer to the area. One option would cost $351,600 and the other
would cost $288,600. The only
difference is the location of the pump station and the linear feet of the force
main.
George Hyde showed the
Council a map of the properties requesting annexation. He projected the sewer flows for the area to
be 27,510 gal/day. There is a sewer
line on Chesapeake Drive and a force main on the other side of Route 50
which is actually owned by the Sanitary District. He determined the City would need a pump station. There is no way to gravity feed to either
point. The station would be capable of
handling about 100 gal/min. The first
option would be to provide a pump station with a force main pumping down along
Route 16 and up Chesapeake Drive to the location of the existing gravity
sewer. This would cost approximately
$351,600. The other option would be to
connect to the Sanitary District’s 8-in. force main on the north side of
Route 50. This is a lot
closer. We would still need the same
pump station but the force main would be shorter. This would cost approximately $288,600. The City would probably have to take over and maintain the
Sanitary District’s force main from the point we tie in, which goes all the way
to the treatment plant.
If the Bucktown area
experiences failing septic systems, this area could be annexed in or the
boundaries of the Sanitary District could be expanded to take them in.
Gary Newcomb reported that
presently water would be available for the Dave Wilson auto dealership and for
the Exxon Station. We presently have a
12‑in, water main on Route 16 that comes from Chesapeake Drive and
crosses to the Hyatt property. Before
the Cambridge Inn was constructed there was some consideration about possibly
connecting to the City water system. At
time the possibility of getting water to service the Cambridge Inn was running
the line up an alley, which appeared to be a 15‑ft alley to the rear of
the properties. It would consist of
approximately 12,000 ft of waterline to be installed and connecting to the
existing line on Route 16 and would cost between $48,000 and $50,000 to
service the Cambridge Inn. The other
properties could be serviced from that same line. He is not certain if there is any kind of utility right-of-way
across the property, which would be good to know for future expansion. There were a number of possibilities in the
preliminary plans for getting water to the airport. One possibility would be to connect to the 12‑in. line that
will be installed on the Hyatt property during Phase 2. Presently this line is not in.
David Pritchett said
historically the expense is borne by the developer or the homeowner requesting
annexation. Jim Michael said block
grant funding is typically only for low-moderate income projects like the City looked
at for the Christ Rock area. There may
be some low-interest loans for water and sewer projects. Rob said the City probably should address
the expenses with each of the property owners. There is a proposed hotel for
one of the sites. Mayor Rippons
suggested a meeting with the property owners to address the issue before we
move on. Rob Collison said it would be
about six weeks before the actual public hearing where the cost allocations and
loan and/or grant funding would be explained.
Rob will arrange the meeting.
Gage Thomas asked about
impact fees. Ed Kinnamon said this
could be an avenue to look at.
Commissioner Weldon noted the amount of undeveloped property in the
parcel. There is a lot of future
potential but nobody there to pay for it yet.
If the City could come up with a ratio of the developed parcels that
need the services immediately vs. the undeveloped parcels, the City could pay
for the parts of the undeveloped portion and then the remainder could be
divided among the property owners of the existing development. This would make it easier on the property
owners and the City could recoup it through impact fees as the other land gets
developed. An impact fee structure
would benefit the City.
Request for Re-Zoning for
Proposed Apartment Community on Woods Road—Delaware Valley Development Company has submitted a request for
rezoning from R‑1 to R‑4 to accommodate their proposed apartment
community. This would be located off
Woods Road and adjacent to the rear of the property that is situated next to
Woods Crossing. Commissioner Weldon
made a motion to refer the request to Planning and Zoning. Commissioner Watkins seconded it. The motion was passed unanimously.
Approve PO 1941—Wheatley Brothers (P&Z)—Commissioner
Atkinson made a motion to approve PO 1941.
Commissioner Travers seconded it.
The motion was passed unanimously.
Cancel Meeting for
November 12 in Honor of Veterans Day—Commissioner
Atkinson made a motion to cancel the City Council Meeting on November 12th
in honor of Veterans Day. Commissioner Travers seconded it. The motion was passed unanimously.
Ocean Highway Exxon
Request to Convey Property—Raymond
Crismond, President of Ocean Highway Exxon, Inc. requested that the City
consider conveying to them the street bed of the paper street of the extension
of Rambler Road portion behind his business which runs from Roslyn Avenue to
Meteor Avenue. Rob Collision said to do
so, the Council would have to run a notice in the newspaper that the City was
contemplating this and have deemed that the property is no longer needed for
public purpose. After a sufficient
number of publications, Council would render a decision if they wish to sell it
to the individual. David Pritchett said
he received a request from the Dairy Queen to have this occur last year. The Department of Public Works did an
evaluation at that time looking at the monetary balance of what the City would
be giving up and potential future income, etc.
They did not see anything negative to the City if they worked something
out with the property owners. David
requested additional time to look into this request.
Ken Usab and Jeff Johnson
explained that Dorchester General Hospital has the opportunity to replace the
existing deteriorated timber bulkhead along their Choptank River frontage
(approximately 600 ft of shoreline) with stone riprap. Andrews & Miller has been retained by
the hospital to design the measures.
They have been seeking funding for the project through the Maryland
Department of Natural Resources Shore Erosion Control Program. The State gives low interest or no interest
loans to local governments (city and county) to allow landowners to protect
their shorelines to prevent erosion.
They are requesting the City sponsor the project. The State has approximately $300,000 to
grant to the hospital as a loan at 0 percent interest over 25 years. In addition to the stone riprap, the
hospital is proposing to construct a timber riverwalk to provide a connection
between the Franklin Street boat ramp and the existing boardwalk at Sailwinds
Park. Several storm drains will be
replaced by the City as part of the project.
They are asking for the City to write a letter to the Maryland
Department of Natural Resources Shore Erosion Control Division to express their
support and their intent to be a sponsor of the project. A condition of this would be the development
and execution of a memorandum of understanding between the City and the
hospital to work out the terms of repayment or any securities that would be
required. The State will provide
assistance in the development of the document.
Mayor Rippons asked what the
loan entails as it regards the City’s position. Mr. Usab said the State of Maryland has a fund and
they enter into a loan agreement, which is a pass-through loan through the City
to private property owners or public entities for implementation of shoreline
protection projects. The State either
issues bonds or they have other reserve funds in the general fund that they
commit to the program. The money is
given to the City to cover the cost of engineering, construction, etc. for the
given project. The City would enter
into an agreement with the property owner that would require repayment of the
loan over a 25-year period at 0 percent or low interest. They City would process the payment. The hospital would pay the City and the City
would pay the State throughout the course of the note. The hospital would be responsible for
maintaining the project throughout the 25‑year loan life in accordance
with the terms of the agreement with Shore Erosion Control.
They made the same
presentation before the County Commissioners last month. If the property owner does not meet their
commitment to pay the loan back, a lien is filed against the property and the
City would be paid first. It is a very
secure program. Mr. Usab said it is his
understanding that though the full 25 or 30 years that the program has
been in place, there has been less than 2 percent of problem loans and
most were brought back to current over a period of time. It is a very successful program.
Rob Collison said that on
the private properties that he has seen in doing title transfers, they usually
file the lien of the Shore Erosion in the Land Records like a mortgage. The real estate at the hospital property
will secure it. Mr. Usab said that
work on whatever is necessary to make Council comfortable with the memorandum
of understanding.
Commissioner Atkinson made a
motion to support the project.
Commissioner Travers seconded it.
Mayor Rippons said right now the support is in the form of a letter
initially saying the City will support it and make provision pending an MOU
that will be amenable to both parties.
The motion was passed unanimously.
Jim Michael announced that
there will be a joint Planning Commission / City Council Meeting on
November 6th at 7:30 pm in City Council Chambers to discuss the
Comprehensive Rezoning.
David Pritchett reported
that the Department of Public Works has begun the painting and striping in
conjunction with a grant that they received.
They have painted 2.6 miles last week. Intersection marking will begin this week.
Referencing a letter from
the Chamber of Commerce designating their appointment to the City’s Economic
Development Committee, Mayor Rippons suggested waiting until the entire
Committee is named.
Ed Kinnamon referenced a
letter from Bill Watkins regarding medical equipment (medical control radios,
automatic external defibrillators and cardiac monitors). He is asking for direction because it is an
additional expenditure for his department.
Normally, the equipment had been funded by a grant, but this year the
State has cut back funding and they are requiring a 50 percent match. Mayor Rippons asked Council to review the
letter and contact Bill Watkins with any questions. A funding source will be discussed next week.
Ed Kinnamon reported that
Planning and Zoning noted that an Ordinance was not codified regarding reducing
the seating capacity for bona fide restaurants from 100 to 50. The Council approved the ordinance on May
22, 2000. The ordinance was never
signed by the mayor even thought it was approved. Rob Collision has prepared an ordinance for adoption tonight to
be signed by Mayor Rippons.
Commissioner Weldon made a motion to authorize Mayor Rippons to sign the
ordinance. Commissioner Travers
seconded it. The motion was passed
unanimously.
Commissioner Atkinson
received the financial statement audit report for Municipal Utilities
Commission for the period ending June 30, 2001. According to the report their management has been excellent and
the Commission has done a great job.
Commissioner Atkinson made a motion to send them a letter of
appreciation for the fine job the Commission and employees have done. Commissioner Weldon seconded the
motion. The motion was passed
unanimously.
Commissioner Weldon
commented on the amount of news about the relationship between the City’s fire
company and the County. To answer all
the questions everyone has, he feels the City should draft a letter asking the
County Commissioners to clarify their position on cutting the funding for
Lloyds Fire Hall after Rescue Fire Company has assumed the operation. There were also a couple of other issues
relating to both our emergency services and fire protection and the
relationship between the City and County.
He would like to see these issues get resolved without hard
feeling. The people who live in the
area serviced by the Lloyds Fire Company deserve to have that protection. The City and Rescue Fire Company would not
be out of line to ask for the County Commissioners’ reasoning behind their
approach to this situation. Mayor
Rippons suggested a work session.
Commissioner Weldon said a work session with the fire company would be
appropriate. Ed Kinnamon will arrange a
date with the fire company.
Mayor Rippons referenced a
letter from Bill Watkins discussing the BLS Memorandum of Understanding (MOU)
and the ALS MOU. Mr. Watkins is
requesting that until all the companies sign the BLS MOU, that the City should
not sign the ALS MOU. Mayor Rippons
said the task force made a recommendation of an EMS Director. Mr. Watkins outlined in his letter that he
feels it is in the best interest of the City, that the director be in place
before they move forward with the ALS.
Rob Collison has reviewed the BLS document with Bill Watkins. Commissioner Weldon made a motion to support
the letter. Commissioner Watkins
seconded it. The motion was passed
unanimously.
Commissioner Atkinson made a
motion to convene in Executive Session to continue a discussion on a real
estate matter. Commissioner Weldon
seconded it. The motion was passed
unanimously.
With no further business,
Mayor Rippons adjourned this portion of the meeting at 8:05 p.m.
I
hereby certify that the foregoing is a true and accurate account of the Council
meeting Monday, October 29, 2001, insofar as I personally am aware.
Edwin
C. Kinnamon
Clerk
& Treasurer
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