The Havre de Grace mayor and city council will hold a public hearing Monday night on a proposed resolution which would transfer ownership and maintenance responsiblities of the streets and storm drains of the Paddocks community at Bulle Rock from private ownership by the community homeowners association to public ownership and responsiblity of the city.
Resolution No 2011-03 would, among other things, take the burden of trash collection, snow removal and road and storm drain maintenance off the shoulders of the Paddocks residents and HOA and add it to the list of other such public amenities for which the city is responsible.
The conversion was initiated by the homeowners within the Paddocks, whose HOA membership voted to change their documents and modify them to reflect that the internal road and storm drain system within the Paddocks would be public facilities. By converting the internal road system in the Paddocks from private roads to public roads, the city of Havre de Grace is automatically required to provide snow and trash removal in the Paddocks. The city is absolved, however, from maintenance of the stormwater management ponds and the landscaped areas along Bulle Rock Parkway.
A full history of the Paddocks community and how it arrived at the present situation can be found in the text of the resolution:
1. WHEREAS, the Developer of the land and the community known as the Paddocks along Bulle Rock Parkway in the City of Havre de Grace, namely MTBR Ventures LLC, formerly known as Abel Ventures, LLC, constructed Bulle Rock Parkway upon land owned by various parties as is more particularly described in the parkway conveyance deed, said deed being found in the Land Records of Harford County at Liber No. 5959 folio 006 (the “BR Parkway Deed”); and
2. WHEREAS, the Developer obtained an easement from the Green family in order to construct Bulle Rock Parkway, said easement dated August 28, 2002 and recorded in the Land Records of Harford County at Liber 4122 folio 506, as amended; and
3. WHEREAS, the easement agreement provided for access to construct Bulle Rock Parkway, but also provided the Developer a landscape easement to grade and maintain trees, bushes and shrubbery, if it chose to do so; and
4. WHEREAS, the easement agreement provided that the Developer had the right to assign the landscape easement to the City; and
5. WHEREAS, Bulle Rock Parkway was conveyed to the City pursuant to the BR Parkway Deed; and
6. WHEREAS, the Developer proceeded with the construction of the Paddocks with a private internal road and storm drain system; and
7. WHEREAS, the homeowners within the Paddocks were required to pay for their own trash collection, snow removal and road and storm drain maintenance as their neighborhood was served by a private internal road system; and
8. WHEREAS, the Developer sought to assign the landscape easement to the City; and
9. WHEREAS, the City does not desire to take on the landscaping burden along Bulle Rock Parkway; and
10. WHEREAS, the homeowners within the Paddocks have, by a sufficient number of the Homeowners Association (“HOA”) membership voted to change their HOA documents and modify them to reflect that the internal road and storm drain system (but excluding the storm water ponds [the “Ponds”]) within the Paddocks shall be public facilities; and
11. WHEREAS, by converting the internal road system in the Paddocks from private roads to public roads, the City shall automatically be required to provide snow and trash removal in the Paddocks; and
12. WHEREAS, the required documentation to convert the internal road and storm drain system from a private to public facility consists of the Developer signing a deed transferring the roads and storm drains to the City, modification of the Site Plan approved by the Planning Commission, and amendments to the Amended and Restated Declaration of Covenants, Conditions, Easements and Restrictions (the “Declaration”) filed in the Land Records for Harford County in Liber 8712 at folio 377 to reflect that in the Paddocks, roads and storm drains will be public and not private; and
13. WHEREAS, the Developer has not completed the final base paving of the internal road system, and the transfer of the roadways and storm drains to the City can only take place after the internal roadways have been fully constructed, inspected by the City’s engineer, and bonded by way of a maintenance bond described below; and
14. WHEREAS, the HOA fees in the Paddocks shall be dramatically reduced after the transfer of the internal roads and storm drains to the City, as the HOA will no longer have the obligation to provide snow or trash removal or the stockpiling of funds for maintenance or repair; and
15. WHEREAS, the homeowners within the Paddocks community fully understood and were aware at the time they voted to allow the roads in the Paddocks to be public and to use the City’s trash hauler, that Harford County’s tipping fee, which is an assessment for use of the County’s landfill, would be added to their quarterly water bills from the City, as the Paddocks’ private trash hauler had placed that fee on their trash collection bills; and
16. WHEREAS, the homeowners within the Paddocks community fully understood and were aware at the time they voted to allow their internal road system to be public, that their HOA would remain responsible for the landscaping requirements along the Paddocks portion of Bulle Rock Parkway without any assistance or contribution from the City therefor; and
17. WHEREAS, the Mayor and City Council have determined that since the roadway system within the Paddocks is new road construction and shall be built to public road standards, that the transfer of the internal road system (exclusive of the land within the circles of Bet Twice Circle and Monarchos Drive [the “islands”]), and storm drains (including pipes), and the provision of public snow removal, trash collection, and maintenance and the confirmation that the City shall not have the burden of maintaining the landscaping along Bulle Rock Parkway, is in the best interest of the citizens of the City;
NOW THEREFORE, the Mayor and City Council of Havre de Grace determine, decide, and resolve the following:
1. The City Administration is authorized to execute a deed accepting the conveyance of the internal roads and storm drain facilities in the Paddocks, exclusive of the islands and the Ponds, to the City in fee simple on or about July 1, 2011 on the terms and conditions set forth in this Resolution.
2. The City Administration shall, for the budget year beginning July 1, 2011 and thereafter budget for snow and trash removal from the Paddocks Community and for future road and storm drain facilities maintenance and repair, so long as the deed for the roads and storm drain facilities has been timely executed by all parties.
3. The City Administration shall receive from the Paddocks HOA a statement confirming that the HOA fees for the next HOA fiscal year, starting January 1, 2012, have been reduced by not less than fifty percent (50%) from current rates of $100.00 per month.
4. The Developer shall complete construction and final overlay of the streets within the Paddocks (“Work”), and the Work shall be inspected and approved by the City’s engineer at the Developer’s expense, prior to the execution of the deed by the City Administration.
5. The Developer shall provide a maintenance bond for the Work and for the Ponds for a period of two years following completion and acceptances of the Work in an amount equal to twenty-five percent (25%) of Six Hundred Fifty Thousand Dollars ($650,000.00), i.e., One Hundred Sixty-Two Thousand Five Hundred Dollars ($162,500.00), such amount having been approved by the Director of DPW.
6. The Developer and the Paddocks HOA shall execute an agreement acknowledging that the City has no landscaping obligations pursuant to the Deed of Easement dated August 28, 2002, as found in the Land Records of Harford County at Liber 4122 folio 506, as amended.
7. The Paddocks HOA shall provide written notice to its HOA members regarding the appearance of the tipping fee on their water bills, said notice to be prepared by the City and approved by the Developer and the Paddocks HOA.
8. The Developer shall modify the Site Plan to reflect that the streets and storm drains in the Paddocks are public and not private and modify the Declaration to reflect that the streets and storm drains are public and not private, and that snow and trash removal and maintenance and repair thereof shall be completed by the City.
9. The Developer, the Paddocks HOA and the City shall cooperate with one another so as to cause each of their obligations hereunder to be performed as promptly as reasonably possible. Notwithstanding this Agreement if any party is delayed, hindered, or prevented, by reason of matters beyond its reasonable control (including weather conditions), from performing its obligations hereunder, then performance of such act shall be excused for the period of the delay and the other time periods set forth above shall be extended for a period equal to the period of such delay.
Also on the agenda Monday night, the city council will recognize Students of the Month Jarod French of Meadowvale Elementary School and Natalie Gorham of Havre de Grace Middle School and EMS Persons of the Month Marc Butt and Christopher Parker.
The city council will also reappoint Carole Andrews to the Tree Commission and present proclamations in honor of Havre de Grace Elks Lodge 1564 Youth Week and Emergency Medical Services Week. Monday’s meeting is also expected to include a Tree Commission presentations by Patrick Sypolt and the annual Historic Preservation Awards by Ron Browning.
The meeting begins at 7 p.m. in City Hall.
The full agenda is listed below:
COUNCIL MEETING AGENDA
May 2, 2011
Public Hearings: 7:00 pm
—Resolution No 2011-03; A Resolution of the Mayor and City Council of the City of Havre de Grace Authorizing the Administration to take the necessary actions and complete the necessary requirements to proceed with the conversion of the private streets and storm drains in the Paddocks Community to public facilities and accept their transfer to the City of Havre de Grace.
—Constant Yield Public Hearing
—Proposed Ordinance No 928 which concerns the tax rate for the fiscal year July 1, 2011 to June 30, 2012 on each one hundred dollars ($100.00) of assessable real property, personal property, and providing an additional special tax levied within the critical area special taxing district and setting the service charge for the semi-annual property tax payment option.
—Proposed Ordinance No 929 which concerns An Ordinance to authorize and empower the Mayor and City Council of Havre de Grace (the “City”) to borrow, upon its full faith and credit, and to issue and sell its bonds or other form of indebtedness therefore, in the aggregate principal amount not to exceed Two Million One Hundred Thousand Dollars ($2,100,000), to be designated as “Mayor and City Council of Havre de Grace Refunding Bonds, Series 2011” (the “Refunding Bonds”), the proceeds thereof to be used for the purpose of refunding: (a) such amounts of the City’s Sewerage Facilities Bond of 1987, in the original principal amount of $1,300,000 and (b) such amounts of the City’s Infrastructure Bonds, 2000 Series A, in the original principal amount of $1,500,000 (collectively, the “1987 and 2000A Refunded Bonds”)
—Proposed Ordinance No 930 which concerns An Ordinance to authorize and empower the Mayor and City Council of Havre de Grace (the “City”) to borrow, upon its full faith and credit, and to issue and sell its bonds or other form of indebtedness therefore, in the aggregate principal amount not to exceed Five Hundred Fifty Thousand Dollars ($550,000), to be designated as “Mayor and City Council of Havre de Grace Refunding Bonds, Series 2011” (the “Refunding Bonds”), the proceeds thereof to be used for the purpose of refunding: (a) such amounts of the City’s Infrastructure Bonds, Series 1992A, in the original principal amount of $886,400 (the “1992A Refunded Bonds”);
1. Call to Order
2. Roll Call
3. Pledge of Allegiance
4. Opening Prayer by: Chaplain Frank Roth;
5. Approval of the Minutes: April 18 2011
6. Recognitions /Presentations/Proclamations:
Student of the Month Recognitions: (Presented by Mayor Dougherty)
1. Meadowvale Elementary School- Jarod French
2. Havre de Grace Middle School- Natalie Gorham
EMS Person of the Month: (Presented by Mayor Dougherty and Councilmember Miller)
1. EMT Marc Butt
2. EMT Christopher Parker
B. Proclamations (Presented by Mayor Dougherty)
1. Havre de Grace Elks Lodge 1564- Youth Week
2. EMS Week
1. Tree Commission- Mr. Patrick Sypolt
2. Historic Preservation Annual Awards- Mr. Ron Browning
1. Ms. Carole Andrews- Tree Commission Reappointment (Councilmember Shank)
8. Oath of Office: None
9. Comments from Citizens on Agenda Items:
Proposed Resolution 2011-03; An Ordinance concerning the conversion of private streets to public streets (Council President Martin)
A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF HAVRE DE GRACE AUTHORIZING THE ADMINISTRATION TO TAKE THE NECESSARY ACTIONS AND COMPLETE THE NECESSARY REQUIREMENTS TO PROCEED WITH THE CONVERSION OF THE PRIVATE STREETS AND STORM DRAINS IN THE PADDOCKS COMMUNITY TO PUBLIC FACILITIES AND ACCEPT THEIR TRANSFER TO THE CITY OF HAVRE DE GRACE.
Proposed Ordinance No. 927 as amended; An Ordinance concerning the schedule for payment of Capitol Cost Recovery charges: (Councilmember Correri)
AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF HAVRE DE GRACE, MARYLAND PURSUANT TO CITY CHARTER SECTION 34, CITY CODE CHAPTER 196, AND ARTICLE 23A OF THE ANNOTATED CODE OF MARYLAND MODIFYING THE SCHEDULE FOR THE PAYMENT OF CAPITAL COST RECOVERY CHARGES.
12. Unfinished Business/Old Business: None
13. New Business: None
14. Director’s Report:
A. Ms. Carol Mathis – Director of Administration
B. Mr. Jay Bautz- Deputy Director of Planning
C. Mr. George DeHority- Director of Finance
D. Mr. Larry Parks- Director of Department of Public Works
E. Chief Teresa Walter- Police Department
15. Business from Mayor Dougherty:
16. Business from Council:
A. Councilmember Shank:
B. Councilmember Correri
C. Councilmember Miller:
D. Councilmember Cullum:
E. Councilmember Craig:
17. Business from Council President Martin:
18. Comments from Citizens: