CITY OF ABERDEEN CITY COUNCIL MEETING AGENDA 60 North Parke Street Aberdeen, MD February 26, 2018, 7:00 PM

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1 CITY OF ABERDEEN CITY COUNCIL MEETING AGENDA 60 North Parke Street Aberdeen, MD February 26, 2018, 7:00 PM A. CALL TO ORDER B. ROLL CALL C. OPENING PRAYER - Pastor Sarah Elliott, Weslayan Chapel United Methodist Church D. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA - Councilman Melvin T. Taylor E. APPROVAL OF CONSENT AGENDA - None F. APPROVAL OF MINUTES - None G. STATEMENT OF CLOSED MEETING - None H. PRESENTATIONS H.1. Proclamation in Recognition of Aberdeen Midas, 204 S. Philadelphia Blvd., Dimitri Makres, Owner Midas.pdf H.2. Update from Len Parrish, Harford County, Director of Community and Economic Development H.3. Economic and Community Updates Introduction: Randy Robertson Presenters: Phyllis Grover and Tom Fidler, Jr. H.4. "Our Home Your Opportunity" Video 1

2 H.5. Aberdeen Fire Department Update Fire Department City Chart Funding.pptx I. PUBLIC HEARINGS I.1. Ordinance No. 18-O-04, Environmental Control Code Ordinance No 18-O-04, Environmental Control Code.pdf Public Hearing Notice for Ordinance No. 18-O-04.pdf I.2. Ordinance No. 18-O-07, Amendment of FY 2018 Budget (3) Ordinance No. 18-O-07, Amendment of FY 2018 Budget (3).pdf Public Hearing Notice for Ordinance No. 18-O-07.pdf J. PUBLIC COMMENT - Maximum of 5 minutes per person unless authorized by the Council K. LEGISLATIVE SESSION K.1. Ordinance No. 18-O-03, Fee Schedule Revision Suggested Action: For adoption. Ordinance No. 18-O-03, Fee Schedule Revision.pdf K.2. Ordinance No. 18-O-05, Contract of Sale for 34 North Philadelphia Boulevard Surplus Property Suggested Action: For introduction. Need sponsor(s). L. UNFINISHED BUSINESS - None M. NEW BUSINESS - None N. UPDATES FROM CITY MANAGER AND STAFF N.1. City Manager Briefing Aberdeen Post Office.pdf O. PUBLIC COMMENT - Maximum of 5 minutes per person unless authorized by the Council. P. BUSINESS OF MAYOR AND COUNCIL Q. ANNOUNCEMENTS Q.1. - Council Meeting, Monday, March 12, 7 PM, Council Chambers - Community Blood Drive, Thurs., March 22, 9 AM-2:30 PM, Council Chambers - Council Work Session, Monday, March 26, 5:30 PM, 2nd Flr. Adm. Conference Room - Planning Commission Meeting, Wednesday, March 14, 7 PM, Council Chambers 2

3 R. CLOSED MEETING R.1. Statutory Authority to Close Session, MD Code Annotated, General Provisions Article, 3-305(b): (4) to consider a matter that concerns the proposal for a business or industrial organization to locate, expand, or remain in the State. Topic: Potential land acquisition. Location: second floor administrative conference room Written Statement for Closing a Meeting.pdf S. ADJOURNMENT Under Md. Code Ann., General Provisions Article 3-305(b), all or any portion of public meetings are subject to closure. 3

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5 $7,000, $6,400, $6,000, FUNDING LEVELS vs. ESTIMATED VALUE OF SERVICE PROVIDED (ref. FY2017 External Fiscal Audit) $5,000, $4,000, $3,000, $2,000, $1,035, % $676, % $280, % $44, % $35, % $1,000, $0.00 Value of Donanted Service (Est.) Total Funding Received County Allotment City Allotment State 508 Grant Donations 5

6 Equipment Replacement Fund 22% Kitchen and Banquet Hall 1% Building Maintenance 6% Convention/ Meetings/Training 2% Equipment Repairs and Maint 13% Utilities 5% Fire Supplies and Eq 10% Gas and Diese 2% Supplies 20% ligation $811,025 Professional Fees 1% Interest 2% Insurance 16% 6

7 Planned Vehicle Replacements (FY19 thru FY25) Medic Unit 291 $275,000 Engine 212 $550,000 Engine 213 $550,000 Rescue 251 $800,000 Medic Unit 292 $275,000 Total Cost Estimate $2,450,000 * Vehicle replacements are based on usage, maintenance and repair issues, personne safety enhancements, operational requirements, and compliance standard recommendations* 7

8 st Calculations (Local Lender estimated 3% interest rate. LOAN AMOUNT TERM IN YEARS MONTHLY PAYMENT YEARLY PAYMENT $3,000, $20, $249, $16, $200, $14, $171, $4,000, $27, $332, $22, $267, $19, $228, $5,000, $34, $415, $27, $334, $23, $285, $6,000, $41, $498, $33, $400, $28, $343,

9 COUNCIL OF THE CITY OF ABERDEEN Ordinance No. 18-O-04 Date Introduced: February 12, 2018 Sponsored By: Councilwoman Sandra J. Landbeck and Councilman Melvin T. Taylor Amendments Adopted: Public Hearing: February 26, 2018 Date Adopted: Date Effective: AN ORDINANCE concerning ENVIRONMENTAL CONTROL CODE FOR the purpose of making certain revisions to the City of Aberdeen Environmental Control Code to provide regulations prohibiting certain illicit discharges into the City s storm water system; providing for enforcement and penalties for violations, including liens on properties to cover the costs of abatement by the City; and generally relating to regulating discharges into the City s storm water system. BY repealing and reenacting, with amendments Chapter 250. ENVIRONMENTAL CONTROL CODE Article I, General Provisions Sections and Code of the City of Aberdeen (2010 Edition as amended) BY adding Chapter 250. ENVIRONMENTAL CONTROL CODE Article XII, Illicit Discharge Sections through Code of the City of Aberdeen (2010 Edition as amended) EXPLANATION: CAPITALS INDICATE MATTER ADDED TO EXISTING LAW ((Double Parenthesis)) indicate matter deleted from existing law. Underlining indicates amendments to bill. Strike-Out indicates matter stricken from bill by amendment or deleted from the law by amendment. * * * indicates existing unmodified text omitted from Ordinance SECTION 1. BE IT ENACTED BY THE COUNCIL OF THE CITY OF ABERDEEN, that Section of the Code of the City of Aberdeen (2010 Edition as

10 Ordinance No. 18-O-04 Environmental Control Code Page 2 of 16 amended), Chapter 250. ENVIRONMENTAL CONTROL CODE, Article I, General Provisions, and Section of said Code, Article XI, Enforcement, are repealed and reenacted, with amendments, to read as follows: Definitions. Chapter 250. ENVIRONMENTAL CONTROL CODE Article I, General Provisions As used in this chapter, the following words and phrases shall have the meanings indicated: BEST MANAGEMENT PRACTICES (BMPS) SCHEDULES OF ACTIVITIES, PROHIBITIONS OF PRACTICES, GENERAL GOOD HOUSEKEEPING PRACTICES, POLLUTION PREVENTION AND EDUCATIONAL PRACTICES REGARDING THE DISCHARGE OF POLLUTANTS DIRECTLY OR INDIRECTLY TO STORM WATER, RECEIVING WATERS OR STORM WATER CONVEYANCE SYSTEMS. BMPS ALSO INCLUDE TREATMENT PRACTICES, OPERATING PROCEDURES AND PRACTICES OF CONTROL SITE RUNOFF, SPILLAGE OR LEAKS, SLUDGE OR WATER DISPOSAL OR DRAINAGE FROM RAW MATERIALS STORAGE. BEST MANAGEMENT PRACTICES MENU A PLAN REQUIRED BY THE NPDES PERMIT THAT DESCRIBES HOW THE QUALITY OF STORM WATER DISCHARGED FROM THE MS4 WILL BE CONTROLLED BY INCORPORATING ACTIVITIES AND MEASUREABLE GOALS SUCH AS: (1) PUBLIC EDUCATION AND OUTREACH (WEBSITE, WORKSHOPS, TRAININGS). (2) PUBLIC INVOLVEMENT AND PARTICIPATION. (3) ILLICIT DISCHARGE DETECTION AND ELIMINATION. (4) CONSTRUCTION SITE STORMWATER RUNOFF CONTROL. (5) POST CONSTRUCTION STORMWATER MANAGEMENT. (6) POLLUTION PREVENTION AND GOOD HOUSEKEEPING. CLEAN WATER ACT THE FEDERAL WATER POLLUTION CONTROL ACT (33 U.S ET SEQ.) AND ANY SUBSEQUENT AMENDMENTS THERETO. COMMERCIAL REFUSE The refuse and other waste materials from wholesale and retail stores, restaurants, florists, beauty shops, barbershops, variety stores, motels, hotels and other commercial enterprises. 10

11 Ordinance No. 18-O-04 Environmental Control Code Page 3 of 16 1 CODE OFFICIAL 2 THE DIRECTOR OF THE DEPARTMENT OF PUBLIC WORKS OR THE 3 DIRECTOR S DESIGNEE RESPONSIBLE FOR ENFORCING THIS ARTICLE. 4 5 CONSTRUCTION ACTIVITY 6 ACTIVITIES SUBJECT TO NPDES CONSTRUCTION PERMITS. CURRENTLY THESE 7 INCLUDE CONSTRUCTION PROJECTS RESULTING IN LAND DISTURBANCE OF 8 ONE (1) ACRE OR MORE. SUCH ACTIVITIES INCLUDE BUT ARE NOT LIMITED TO 9 CLEARING AND GRUBBING, GRADING, EXCAVATING AND DEMOLITION DISPOSAL FACILITY 12 A facility for the intermediate or final disposition of solid waste * * * GARBAGE 17 The animal and vegetable wastes resulting from the handling, preparation, cooking and 18 consumption of foods, exclusive of recognized industries, and human and animal feces GRADING UNIT 21 THE MAXIMUM CONTIGUOUS AREA ALLOWED TO BE GRADED AT A GIVEN 22 TIME HAZARDOUS AND SPECIAL WASTE 25 Hazardous solid and liquid wastes, such as but not limited to highly flammable materials, 26 explosives, pathological waste, poisons, infectious waste from hospitals and doctors' offices 27 and radioactive materials HAZARDOUS MATERIALS 30 ANY MATERIAL, INCLUDING ANY SUBSTANCE, WASTE OR COMBINATION 31 THEREOF, WHICH BECAUSE OF ITS QUANTITY, CONCENTRATION OR 32 PHYSICAL, CHEMICAL OR INFECTIOUS CHARACTERISTICS MAY CAUSE, OR 33 SIGNIFICANTLY CONTRIBUTE TO, A SUBSTANTIAL PRESENT OR POTENTIAL 34 HAZARD TO HUMAN HEALTH, SAFETY, PROPERTY OR THE ENVIRONMENT 35 WHEN IMPROPERLY TREATED, STORED, TRANSPORTED, DISPOSED OF OR 36 OTHERWISE MANAGED ILLEGAL DISCHARGE 39 ANY DIRECT OR INDIRECT NON-STORM WATER DISCHARGE TO THE STORM 40 DRAIN SYSTEM, EXCEPT AS EXEMPTED BY THIS ORDINANCE ILLICIT CONNECTION 43 AN ILLICIT CONNECTION IS EITHER OF THE FOLLOWING: (1) ANY DRAIN OR CONVEYANCE, WHETHER ON THE SURFACE OR 46 SUBSURFACE, WHICH ALLOWS ANY ILLEGAL DISCHARGE TO ENTER 11

12 Ordinance No. 18-O-04 Environmental Control Code Page 4 of 16 1 THE STORM DRAIN SYSTEM INCLUDING BUT NOT LIMITED TO ANY 2 CONVEYANCES WHICH ALLOW ANY NON-STORM WATER DISCHARGE 3 INCLUDING SEWAGE, PROCESS WASTEWATER AND WASH WATER TO 4 ENTER THE STORM DRAIN SYSTEM AND ANY CONNECTIONS TO THE 5 STORM DRAIN SYSTEM FROM INDOOR DRAINS AND SINKS, 6 REGARDLESS OF WHETHER SAID DRAIN OR CONNECTION HAD BEEN 7 PREVIOUSLY ALLOWED, PERMITTED OR APPROVED BY AN 8 AUTHORIZED ENFORCEMENT AGENCY; OR, 9 10 (2) ANY DRAIN OR CONVEYANCE CONNECTED FROM A COMMERCIAL OR 11 INDUSTRIAL LAND USE TO THE STORM DRAIN SYSTEM WHICH HAS NOT 12 BEEN DOCUMENTED IN PLANS, MAPS OR EQUIVALENT RECORDS AND 13 APPROVED BY AN AUTHORIZED ENFORCEMENT AGENCY INCINERATOR 16 Any equipment, device or contrivance used for the destruction of garbage, rubbish or other 17 wastes by burning INDUSTRIAL ACTIVITY 20 ACTIVITIES SUBJECT TO NPDES INDUSTRIAL PERMITS AS DEFINED IN 40 CFR, 21 SECTION (B)(14) INDUSTRIAL REFUSE 24 The refuse and other waste materials from factories, processing plants and other 25 manufacturing enterprises, including putrescible garbage from food-processing plants and 26 slaughterhouses, condemned foods, waste wood materials and all other refuse from 27 manufacturing and industrial processes * * * LIQUID WASTES 32 All liquid wastes generated through the use of domestic or municipal facilities, including any 33 industrial or commercial liquids that may not be classified hazardous or listed within special 34 waste categories MS-4 37 MUNICIPAL SEPARATE STORM SEWER SYSTEM OPERATED BY THE CITY OF 38 ABERDEEN NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES) STORM 41 WATER DISCHARGE PERMIT 42 A PERMIT ISSUED BY EPA (OR BY THE STATE OF MARYLAND) THAT 43 AUTHORIZES THE DISCHARGE OF POLLUTANTS TO WATERS OF THE UNITED 44 STATES, WHETHER THE PERMIT IS APPLICABLE ON AN INDIVIDUAL, GROUP 45 OR GENERAL AREA-WIDE BASIS

13 Ordinance No. 18-O-04 Environmental Control Code Page 5 of 16 1 NON-STORM WATER DISCHARGE 2 ANY DISCHARGE TO THE STORM DRAIN SYSTEM THAT IS NOT COMPOSED 3 ENTIRELY OF STORM WATER. 4 5 NUISANCE 6 Any condition which is detrimental to public health, safety and welfare, the property of 7 others or the use and enjoyment of property. 8 9 ODORS 10 Those properties of an emission which stimulate the sense of smell OFFAL 13 The waste animal matter from butcher shops and slaughterhouses or packinghouses OIL 16 ANY KIND OF OIL IN ANY FORM, INCLUDING BUT NOT LIMITED TO 17 PETROLEUM, FUEL OIL, CRUDE OIL, SYNTHETIC OIL, MOTOR OIL, BIO-FUEL, 18 COOKING OIL, GREASE, SLUDGE, OIL REFUSE, AND OIL MIXED WITH WASTE OPEN DUMP 21 Any land, publicly or privately owned, other than an approved sanitary landfill, in which 22 there is a deposit or an accumulation, either temporary or permanent, of any kind of organic 23 or inorganic refuse OPEN FIRE 26 A fire where any material is burned in the open or in a receptacle other than a furnace 27 incinerator or other equipment designed and approved for the destruction of specific 28 materials OWNER 31 The title holder of property. The term shall include a tenant, occupant or any person, firm or 32 corporation in charge of or in control of property PERSON 35 ANY INDIVIDUAL, ASSOCIATION, ORGANIZATION, PARTNERSHIP, FIRM, 36 CORPORATION OR OTHER ENTITY RECOGNIZED BY LAW AND ACTING AS 37 EITHER THE OWNER OR AS THE OWNER S AGENT PESTICIDE 40 A SUBSTANCE OR MIXTURE OF SUBSTANCES INTENDED TO PREVENT, 41 DESTROY, REPEL, OR MIGRATE ANY PEST, OR SUBSTANCES INTENDED FOR 42 USE AS A PLANT REGULATOR, DEFOLIANT, OR DESICCANT POLLUTANT 45 ANYTHING WHICH CAUSES OR CONTRIBUTES TO POLLUTION. POLLUTANTS 46 MAY INCLUDE, BUT ARE NOT LIMITED TO PAINTS, VARNISHES AND 13

14 Ordinance No. 18-O-04 Environmental Control Code Page 6 of 16 SOLVENTS; OIL AND OTHER AUTOMOTIVE FLUIDS; NON-HAZARDOUS LIQUID AND SOLID WASTES AND YARD WASTES (INCLUDING GRASS CLIPPINGS); REFUSE, RUBBISH, GARBAGE, LITTER OR OTHER DISCARDED OR ABANDONED OBJECTS, ORDINANCES AND ACCUMULATIONS, SO THAT SAME MAY CAUSE OR CONTRIBUTE TO POLLUTION; FLOATABLES; PESTICIDES, HERBICIDES AND FERTILIZERS; HAZARDOUS SUBSTANCES AND WASTES; SEWAGE, FECAL COLIFORM AND PATHOGENS; DISSOLVED AND PARTICULATE METALS; ANIMAL AND PET WASTE; WASTES AND RESIDUES THAT RESULT FROM CONSTRUCTING A BUILDING OR STRUCTURE; AND, NOXIOUS OR OFFENSIVE MATTER OF ANY KIND. PREMISES ANY BUILDING, LOT, PARCEL OF LAND, OR PORTION OF LAND WHETHER IMPROVED OR UNIMPROVED INCLUDING ADJACENT SIDEWALKS AND PARKING STRIPS. REFUSE COLLECTION The removal and conveyance of refuse from temporary storage points to disposal sites by municipalities, contractors and others. * * * SOLID WASTE MANAGEMENT PLAN The comprehensive plan for Aberdeen in effect and as amended from time to time which meets the requirements of the Code of Maryland Regulations (COMAR), Title 26, Subtitle 4. STORM DRAINAGE SYSTEM PUBLICLY-OWNED FACILITIES BY WHICH STORM WATER IS COLLECTED AND/OR CONVEYED, INCLUDING BUT NOT LIMITED TO ANY ROADS WITH DRAINAGE SYSTEMS, MUNICIPAL STREETS, GUTTERS, CURBS, INLETS, PIPED STORM DRAINS, PUMPING FACILITIES, RETENTION AND DETENTION BASINS, NATURAL AND HUMAN-MADE OR ALTERED DRAINAGE CHANNELS, RESERVOIRS AND OTHER DRAINAGE STRUCTURES. STORMWATER ANY SURFACE FLOW, RUNOFF AND DRAINAGE CONSISTING ENTIRELY OF WATER FROM ANY FORM OF NATURAL PRECIPITATION AND RESULTING FROM SUCH PRECIPITATION. STORMWATER POLLUTION PREVENTION PLAN (SWPPP) A DOCUMENT WHICH DESCRIBES THE BMPS AND ACTIVITIES TO BE IMPLEMENTED BY A PERSON OR BUSINESS TO IDENTIFY SOURCES OF POLLUTION OR CONTAMINATION AT A SITE AND THE ACTIONS TO ELIMINATE OR REDUCE POLLUTANT DISCHARGES TO STORM WATER, STORM WATER CONVEYANCE SYSTEMS AND/OR RECEIVING WATERS TO THE MAXIMUM 14

15 Ordinance No. 18-O-04 Environmental Control Code Page 7 of 16 EXTENT PRACTICABLE IN COMPLYING WITH A GENERAL PERMIT FOR DISCHARGES OF STORMWATER ASSOCIATED WITH INDUSTRIAL ACTIVITY. TRASH All waste materials, other than garbage and offal from stores, institutions, markets and other establishments, further classified as combustible and noncombustible. WASTE WATER ANY WATER OR OTHER LIQUID, OTHER THAN UNCONTAMINATED STORM WATER, DISCHARGED FROM A FACILITY Violations and penalties. Article XI, Enforcement A violation of this chapter, EXCEPT FOR A VIOLATION OF ARTICLE XII, ILLICIT DISCHARGE, is deemed to be a municipal infraction. Each twenty-four-hour period in which a violation exists shall constitute a separate offense. Any person violating any provision of this chapter shall be subject to the following civil penalties: * * * SECTION 2. BE IT FURTHER ENACTED BY THE COUNCIL OF THE CITY OF ABERDEEN that Sections through Section are hereby added to the Code of the City of Aberdeen (2010 Edition as amended), Chapter 250. ENVIRONMENTAL CONTROL CODE, to be under the new Article XII, Illicit Discharge, to follow immediately after Section of Article XI and to read as follows: Chapter 250. ENVIRONMENTAL CONTROL CODE PROHIBITED DISCHARGES. ARTICLE XII, ILLICIT DISCHARGE A. NO PERSON SHALL RELEASE OR ALLOW TO BE RELEASED ANY OF THE FOLLOWING SUBSTANCES INTO THE MS4: (1) ANY NEW OR USED PETROLEUM PRODUCT. (2) ANY INDUSTRIAL WASTE. (3) ANY HAZARDOUS SUBSTANCE OR HAZARDOUS WASTE, INCLUDING HOUSEHOLD HAZARDOUS WASTE. (4) ANY DOMESTIC SEWAGE OR SEPTIC TANK WASTE, GREASE TRAP OR GREASE INTERCEPTOR WASTE, HOLDING TANK WASTE, OR GRIT TRAP WASTE. (5) ANY GARBAGE, RUBBISH OR OTHER WASTE. 15

16 Ordinance No. 18-O-04 Environmental Control Code Page 8 of (6) ANY NEW OR USED PAINTS, INCLUDING LATEX-BASED PAINTS, OIL-BASED PAINTS, STAINS, VARNISH, AND PRIMERS, AS WELL AS CLEANING SOLVENTS AND OTHER ASSOCIATED PRODUCTS. (7) ANY YARD WASTE THAT HAS BEEN MOVED OR GATHERED BY A PERSON. (8) ANY WASTEWATER THAT CONTAINS SOAP, DETERGENT, DEGREASER, SOLVENT, OR SURFACTANT-BASED CLEANER FROM A COMMERCIAL MOTOR VEHICLE WASH FACILITY; FROM ANY VEHICLE WASHING, CLEANING, OR MAINTENANCE AT ANY NEW OR USED MOTOR VEHICLE DEALERSHIP, RENTAL AGENCY, BODY SHOP, REPAIR SHOP, OR MAINTENANCE FACILITY; OR FROM ANY WASHING, CLEANING OR MAINTENANCE OF ANY BUSINESS OR COMMERCIAL OR PUBLIC SERVICE VEHICLE, INCLUDING A TRUCK, BUS OR HEAVY EQUIPMENT. (9) ANY WASTEWATER FROM A COMMERCIAL MOBILE POWER WASHER OR FROM THE WASHING OR OTHER CLEANING OF A BUILDING EXTERIOR THAT CONTAINS SOAP, DETERGENT, DEGREASER, SOLVENT, OR ANY SURFACTANT BASED CLEANER. (10) ANY WASTEWATER FROM COMMERCIAL FLOOR, RUG, OR CARPET CLEANING. (11) ANY WASTEWATER FROM THE WASH DOWN OR OTHER CLEANING OF PAVEMENT THAT CONTAINS ANY SOAP, DETERGENT SOLVENT, DEGREASER, EMULSIFIER, DISPERSANT, OR OTHER CLEANING SUBSTANCE; OR ANY WASTEWATER FROM THE WASH DOWN OR OTHER CLEANING OF ANY PAVEMENT WHERE ANY SPILL, LEAK, OR OTHER RELEASE OF OIL, MOTOR FUEL, OR OTHER PETROLEUM HAZARDOUS SUBSTANCE HAS OCCURRED, UNLESS ALL SUCH MATERIALS HAVE BEEN PREVIOUSLY REMOVED. (12) ANY EFFLUENT FROM A COOLING TOWER, CONDENSER, COMPRESSOR, EMISSIONS SCRUBBER, EMISSION FILTER, OR THE BLOWDOWN FROM A BOILER. (13) ANY READY-MIXED CONCRETE, MORTAR, CERAMIC, OR ASPHALT BASE MATERIAL OR DISCHARGE RESULTING FROM THE CLEANING OF VEHICLES OR EQUIPMENT CONTAINING OR USED IN TRANSPORTING OR APPLYING SUCH MATERIAL. (14) ANY RUNOFF, WASH DOWN WATER OR WASTE FROM ANY ANIMAL PEN, KENNEL, FOWL OR LIVESTOCK CONTAINMENT AREA OR ANY PET WASTES GENERALLY. (15) ANY FILTER BACKWASH FROM A SWIMMING POOL OR FOUNTAIN, EXCEPT THAT NOTHING IN THE ARTICLE SHALL BE CONSTRUED AS TO REQUIRE THE ALTERATION OF THE FILTER DISCHARGE PLUMBING OF AN EXISTING SWIMMING POOL, FOUNTAIN OR SPA IF SUCH PLUMBING WAS COMPLIANT WITH APPLICABLE STATE, FEDERAL, AND LOCAL REGULATIONS AT THE TIME OF CONSTRUCTION. (16) ANY SWIMMING POOL, FOUNTAIN OR SPA WATER OR OTHER WATER CONTAINING A HARMFUL LEVEL OF CHLORINE (>0.1 PARTS PER MILLION). 16

17 Ordinance No. 18-O-04 Environmental Control Code Page 9 of 16 1 (17) ANY DISCHARGE FROM WATER LINE DISINFECTION BY SUPER 2 CHLORINATION IF IT CONTAINS A HARMFUL LEVEL OF CHLORINE (>0.1 3 PPM) AT THE POINT OF ENTRY INTO THE MS4 OR SURFACE WATERS. 4 (18) ANY CONTAMINATED RUNOFF FROM A VEHICLE WRECKING OR STORAGE 5 YARD. 6 (19) ANY SUBSTANCE OR MATERIAL THAT WILL DAMAGE, BLOCK, OR CLOG 7 THE MS4. 8 (20) ANY RELEASE FROM A PETROLEUM STORAGE TANK (PST), OR ANY 9 LEACHATE OR RUNOFF FROM SOIL CONTAMINATED BY LEAKING PST; OR 10 ANY DISCHARGE OF PUMPED, CONFINED, OR TREATED WASTEWATER 11 FROM THE REMEDIATION OF ANY SUCH PST RELEASE, UNLESS THE 12 DISCHARGE HAS RECEIVED AN NPDES PERMIT FROM THE STATE. 13 (21) ANY OTHER DISCHARGE THAT CAUSE OR CONTRIBUTES TO CAUSING THE 14 CITY TO VIOLATE A STATE WATER QUALITY STANDARD, THE CITY S 15 NPDES STORMWATER PERMIT, OR ANY STATE-ISSUED DISCHARGE 16 PERMIT FOR DISCHARGES FROM ITS MS B. NO PERSON SHALL RELEASE OR CAUSE TO BE RELEASED INTO THE MS4 ANY 19 HARMFUL QUANTITY OF SEDIMENT, SILT, EARTH, SOIL, OR OTHER MATERIAL 20 ASSOCIATED WITH CLEARING, GRADING, EXCAVATION OR OTHER 21 CONSTRUCTION ACTIVITIES IN EXCESS OF WHAT COULD BE RETAINED ON 22 SITE OR CAPTURED BY EMPLOYING SEDIMENT AND EROSION CONTROL 23 MEASURES, EXCEPT AS ALLOWED FOR IN CONFORMANCE WITH SECTION C. NO PERSON SHALL USE PESTICIDES, HERBICIDES AND FERTILIZERS EXCEPT 27 IN ACCORDANCE WITH MANUFACTURER RECOMMENDATIONS. PESTICIDES, 28 HERBICIDES AND FERTILIZERS SHALL BE STORED TRANSPORTED AND 29 DISPOSED OF IN A MANNER TO PREVENT RELEASE TO THE MS D. NO PERSON SHALL TAMPER WITH, DESTROY, VANDALIZE, OR RENDER 32 INOPERABLE ANY BMPS THAT HAVE BEEN INSTALLED FOR THE PURPOSE OF 33 ELIMINATING OR MINIMIZING POLLUTANT DISCHARGES, NOR SHALL ANY 34 PERSON FAIL TO INSTALL OR FAIL TO PROPERLY MAINTAIN ANY BMPS THAT 35 HAVE BEEN REQUIRED BY CITY OR BY OTHER LOCAL, STATE, OR FEDERAL 36 JURISDICTIONS EXEMPTIONS UNLESS IDENTIFIED AS A SIGNIFICANT SOURCE OF POLLUTANTS TO WATERS OF 41 THE STATE, THE FOLLOWING NON-STORM WATER DISCHARGES ARE EXAMPLES 42 OF ACTIVITIES ALLOWED TO ENTER THE MS4: (1) WATER LINE FLUSHING PERFORMED BY A GOVERNMENT AGENCY. 45 (2) DIVERTED STREAM FLOWS. 46 (3) RISING GROUNDWATER. 17

18 Ordinance No. 18-O-04 Environmental Control Code Page 10 of 16 1 (4) UNCONTAMINATED GROUNDWATER INFILTRATION TO SEPARATE STORM 2 SEWER. 3 (5) UNCONTAMINATED PUMPED GROUNDWATER. 4 (6) DISCHARGES FROM POTABLE WATER SOURCES. 5 (7) FOUNDATION DRAINS. 6 (8) AIR CONDITIONING CONDENSATE. 7 (9) IRRIGATION WATER. 8 (10) SPRINGS. 9 (11) WATER FROM CRAWL SPACE PUMPS. 10 (12) FOOTING DRAINS. 11 (13) INDIVIDUAL RESIDENTIAL VEHICLE WASHING. 12 (14) FLOWS FROM RIPARIAN HABITATS AND WETLANDS. 13 (15) DECHLORINATED SWIMMING POOL DISCHARGES (< 1 PPM). 14 (16) DISCHARGES OR FLOWS FROM FIREFIGHTING ACTIVITIES. 15 (17) OTHER ALLOWABLE DISCHARGES TO CONSIDER: STREET WASH WATERS; 16 AND, DYE TESTING FOR THE PURPOSE OF INVESTIGATING ILLICIT 17 CONNECTIONS OR DISCHARGES OTHER ACTIVITIES MAY APPLY IF SUBSTANTIATED BY PERMITTEES WITHIN THE 20 BEST MANAGEMENT PRACTICES MENU PROHIBITIONS A. A PERSON MAY NOT DISCHARGE OR CAUSE TO BE DISCHARGED THROUGH AN 25 ILLICIT CONNECTION TO THE MS4 ANY DOMESTIC SEWAGE, NON-CONTACT 26 COOLING WATER, PROCESS WASTEWATER, OR OTHER INDUSTRIAL WASTE 27 (OTHER THAN STORMWATER) B. A PERSON MAY NOT CONSTRUCT, USE, MAINTAIN OR CONTINUE THE 30 EXISTENCE OF ILLICIT CONNECTIONS TO THE MS4, INCLUDING, WITHOUT 31 LIMITATION, ILLICIT CONNECTIONS MADE IN THE PAST, REGARDLESS OF 32 WHETHER THE CONNECTION WAS PERMISSIBLE UNDER LAW OR PRACTICES 33 APPLICABLE OR PREVAILING AT THE TIME OF CONNECTION C. A PERSON MAY NOT CONNECT A LINE CONVEYING SEWAGE TO THE MS4 OR 36 ALLOW SUCH A CONNECTION TO CONTINUE D. AN OWNER OR PERSON RESPONSIBLE FOR A PROPERTY OR PREMISES, WHICH 39 IS, OR MAY BE, THE SOURCE OF AN ILLICIT DISCHARGE, SHALL IMPLEMENT, 40 AT THE OWNER'S OR PERSON'S EXPENSE, THE BMPS NECESSARY TO PREVENT 41 THE FURTHER DISCHARGE OF POLLUTANTS TO THE MS4. AN OWNER OR 42 PERSON RESPONSIBLE FOR A PROPERTY OR PREMISES SHALL NOT BE IN 43 VIOLATION OF THIS SECTION IF THE OWNER OR PERSON COMPLIES, TO THE 44 EXTENT PRACTICABLE, WITH ALL TERMS AND CONDITIONS OF A VALID 45 NPDES PERMIT AUTHORIZING THE DISCHARGE OF STORM WATER 46 ASSOCIATED WITH INDUSTRIAL ACTIVITY. 18

19 Ordinance No. 18-O-04 Environmental Control Code Page 11 of RIGHT OF ENTRY. WHEN THE CODE OFFICIAL HAS REASONABLE CAUSE TO BELIEVE THAT A VIOLATION OF THIS ARTICLE EXISTS OR WHEN ENTRY IS REQUIRED FOR PERIODIC INSPECTIONS AND MONITORING TO DETERMINE COMPLIANCE WITH THIS ARTICLE, THE CODE OFFICIAL MAY ENTER THE STRUCTURE OR PREMISES AT REASONABLE TIMES TO INSPECT. PRIOR TO INSPECTION, THE CODE OFFICIAL MUST MAKE REASONABLE EFFORTS TO LOCATE THE OWNER OR OTHER PERSON HAVING CHARGE OR CONTROL OF THE STRUCTURE OR PREMISES TO REQUEST ENTRY. IF ENTRY IS REFUSED OR NOT OBTAINED, THE CODE OFFICIAL IS AUTHORIZED TO PURSUE RECOURSE AS PROVIDED BY LAW NOTICE OF VIOLATION. A. ISSUANCE. THE CODE OFFICIAL MAY ISSUE A NOTICE OF VIOLATION ( NOV ) IF THERE ARE REASONABLE GROUNDS TO BELIEVE THAT THE PERSON TO WHOM THE NOV IS DIRECTED HAS VIOLATED: (1) THIS ARTICLE. (2) ANY RULE OR REGULATION ADOPTED PURSUANT TO THIS ARTICLE. (3) ANY ORDER OR PERMIT ISSUED PURSUANT TO THIS ARTICLE. B. CONTENTS. A NOV ISSUED UNDER THIS SECTION SHALL: (1) SPECIFY THE PROVISION(S) THAT ALLEGEDLY HAS BEEN VIOLATED. (2) STATE THE FACTS IN SUPPORT OF THE ALLEGED VIOLATION. C. ISSUANCE OF NOTICE OR ORDER. AFTER OR CONCURRENTLY WITH SERVICE OF A NOV UNDER THIS ARTICLE, THE CODE OFFICIAL MAY ISSUE AN ORDER THAT REQUIRES THE PERSON TO WHOM THE ORDER IS DIRECTED TO TAKE CORRECTIVE ACTION WITHIN THE TIME SET FORTH IN THE ORDER. D. EFFECTIVE DATE OF ORDER. ANY ORDER ISSUED UNDER THIS SECTION IS EFFECTIVE IMMEDIATELY ACCORDING TO ITS TERMS UPON SERVICE. ANY PERSON WHO IS ISSUED AN ORDER SHALL BE REQUIRED TO TAKE ANY DIRECTED ACTION WITHIN THE TIME SPECIFIED IN THE ORDER REGARDLESS OF ANY HEARING RIGHTS PROVIDED BY THIS SECTION. E. MANNER OF SERVICE. ANY NOV OR ORDER OF THE CODE OFFICIAL PURSUANT TO THIS SECTION MAY BE SERVED: (1) PERSONALLY; (2) BY POSTING ON OR AT THE ENTRANCEWAY TO THE PROPERTY AT WHICH THE VIOLATION HAS OCCURRED; OR 19

20 Ordinance No. 18-O-04 Environmental Control Code Page 12 of 16 1 (3) BY CERTIFIED MAIL, RETURN RECEIPT REQUESTED, BEARING A 2 POSTMARK FROM THE UNITED STATES POSTAL SERVICE, TO THE LAST 3 KNOWN ADDRESS OF THE PERSON IN WHOSE NAME THE PROPERTY ON 4 WHICH THE VIOLATION OCCURRED IS ASSESSED FOR TAXATION. 5 6 F. CERTIFICATION OF SERVICE. IF SERVICE IS MADE BY CERTIFIED MAIL, 7 RETURN RECEIPT REQUESTED, BEARING A POSTMARK FROM THE UNITED 8 STATES POSTAL SERVICE, THE PERSON WHO MAILS THE DOCUMENT SHALL 9 RETAIN VERIFIED PROOF OF MAILING. WHERE SERVICE HAS BEEN MADE IN 10 ANOTHER AUTHORIZED MANNER, THE PERSON WHO MADE THE SERVICE 11 SHALL PREPARE AND INCLUDE IN THE CODE OFFICIAL S FILE AN AFFIDAVIT 12 OF SERVICE G. HEARINGS. WITHIN TEN (10) DAYS AFTER BEING SERVED WITH A NOV OR AN 15 ORDER, THE PERSON SERVED MAY REQUEST A HEARING BEFORE THE CODE 16 OFFICIAL BY SERVING A WRITTEN REQUEST ON THE CODE OFFICIAL. 17 SERVICE SHALL BE MADE PERSONALLY OR BY CERTIFIED MAIL, RETURN 18 RECEIPT REQUESTED, BEARING A POSTMARK FROM THE U.S. POSTAL 19 SERVICE H. SUBPOENAS; WITNESSES (1) IN CONNECTION WITH ANY HEARING UNDER THIS SECTION, THE CODE 24 OFFICIAL MAY: 25 (A) SUBPOENA ANY PERSON OR EVIDENCE. 26 (B) ORDER A WITNESS TO GIVE EVIDENCE. 27 (2) A SUBPOENAED WITNESS WHO IS NOT AN EMPLOYEE OF THE CITY OF 28 ABERDEEN SHALL BE PAID THE SAME FEES AND MILEAGE 29 REIMBURSEMENT AS IF THE HEARING WERE PART OF A CIVIL ACTION IN 30 THE CIRCUIT COURT OF MARYLAND I. FINAL CORRECTIVE ORDER (1) UNLESS THE PERSON SERVED WITH AN ORDER MAKES A TIMELY REQUEST 35 FOR A HEARING PURSUANT TO SUBSECTION G. OF THIS SECTION, THE NOV 36 OR ORDER BECOMES FINAL ON THE ELEVENTH DAY AFTER SERVICE. 37 (2) IF A PERSON WHO HAS BEEN ISSUED A NOV OR AN ORDER UNDER THIS 38 SECTION MAKES A TIMELY REQUEST FOR A HEARING, THE NOV OR ORDER 39 BECOMES A FINAL CORRECTIVE ORDER IF THE CODE OFFICIAL AFFIRMS 40 THE ORDER FOLLOWING THE HEARING J. OTHER ACTIONS NOT DEPENDENT ON ISSUANCE OF NOV OR ORDER. A 43 PERSON WHO VIOLATES THIS ARTICLE IS NOT ENTITLED TO THE ISSUANCE 44 OF A NOV OR AN ORDER. THE CITY OR THE CODE OFFICIAL MAY TAKE 45 WHATEVER ACTION IT DEEMS APPROPRIATE AND WHICH IS PERMITTED BY 46 THIS ARTICLE OR THE LAW TO SEEK REDRESS FROM ANY PERSON WHO 20

21 Ordinance No. 18-O-04 Environmental Control Code Page 13 of 16 VIOLATES THIS ARTICLE OR TO REMEDY A VIOLATION OR THREATENED VIOLATION OF THIS ARTICLE CIVIL PENALTY. IN ADDITION TO BEING SUBJECT TO AN INJUNCTIVE ACTION UNDER OF THIS ARTICLE, ANY PERSON WHO VIOLATES ANY PROVISION OF THIS ARTICLE, OR ANY PROVISION OF ANY NOV OR ORDER ISSUED UNDER THIS ARTICLE, IS LIABLE TO PAY A CIVIL PENALTY NOT EXCEEDING ONE THOUSAND DOLLARS ($1000.) PER DAY PER VIOLATION TO BE COLLECTED IN A CIVIL ACTION. EACH DAY A VIOLATION OCCURS IS A SEPARATE VIOLATION INJUNCTIVE RELIEF. A. IN GENERAL. THE CITY MAY BRING AN ACTION FOR AN INJUNCTION AGAINST ANY PERSON WHO VIOLATES ANY PROVISION OF THIS ARTICLE, OR ANY PROVISION OF ANY NOV OR ORDER ISSUED UNDER THIS ARTICLE. B. FINDINGS. IN ANY ACTION FOR AN INJUNCTION UNDER THIS SECTION, ANY FINDING OF THE CODE OFFICIAL AFTER A HEARING IS PRIMA FACIE EVIDENCE OF EACH FACT SO DETERMINED. C. GROUNDS. ON A SHOWING THAT ANY PERSON IS VIOLATING OR IS ABOUT TO VIOLATE THIS ARTICLE OR ANY NOV OR ORDER ISSUED BY THE CODE OFFICIAL, THE COURT SHALL GRANT AN INJUNCTION WITHOUT REQUIRING A SHOWING OF A LACK OF AN ADEQUATE REMEDY AT LAW. D. EMERGENCY. IF AN EMERGENCY ARISES DUE TO ACTUAL OR IMMINENT DANGER TO THE PUBLIC HEALTH, SAFETY OR WELFARE, OR ACTUAL OR IMMINENT DANGER TO THE ENVIRONMENT, THE CITY MAY SUE IMMEDIATELY FOR AN INJUNCTION TO STOP ANY POLLUTION OR OTHER ACTIVITY THAT IS CAUSING THE DANGER CRIMINAL PENALTIES. A. A PERSON WHO VIOLATES ANY PROVISION OR FAILS TO PERFORM ANY DUTY IMPOSED BY THIS ARTICLE OR WHO VIOLATES ANY PROVISION OF FAILS TO PERFORM ANY DUTY IMPOSED BY ANY NOV OR ORDER ISSUED UNDER THIS ARTICLE IS GUILTY OF A MISDEMEANOR AND, ON CONVICTION, IS SUBJECT TO A FINE NOT TO EXCEED ONE THOUSAND DOLLARS ($1000.) PER DAY PER VIOLATION OR IMPRISONMENT NOT TO EXCEED SIX (6) MONTHS, OR BOTH. EACH DAY A VIOLATION OCCURS IS A SEPARATE VIOLATION. B. IN ADDITION TO ANY CRIMINAL PENALTIES IMPOSED ON A PERSON CONVICTED UNDER THIS ARTICLE, THE PERSON MAY BE ENJOINED FROM CONTINUING THE VIOLATION AND SUBJECT TO CIVIL PENALTIES. 21

22 Ordinance No. 18-O-04 Environmental Control Code Page 14 of ABATEMENT. 2 3 A. GENERALLY. SUBJECT TO THE REMAINING PROVISIONS OF THIS SECTION, IF 4 ANY PERSON FAILS, WITHIN THE TIME LIMIT SPECIFIED IN AN NOV OR ORDER, 5 TO ABATE ANY CONDITION THAT IS PROHIBITED UNDER THIS ARTICLE OR 6 ANY NOV OR ORDER ISSUED UNDER THIS ARTICLE, THE CITY MAY TAKE 7 WHATEVER ABATEMENT ACTION MAY BE NECESSARY TO ABATE THE 8 CONDITION BY USE OF CITY EMPLOYEES AND EQUIPMENT OR BY CONTRACT 9 WITH PRIVATE CONTRACTORS. THE COST AND EXPENSE OF ABATING THE 10 VIOLATION SHALL BE CERTIFIED BY THE CODE OFFICIAL TO THE CITY 11 TOGETHER WITH THE NAME OF THE OWNER OF THE PROPERTY ON WHICH 12 THE VIOLATION OCCURRED AS DETERMINED FROM THE PROPERTY TAX 13 ASSESSMENT RECORDS. THESE CHARGES SHALL CONSTITUTE A LIEN UPON 14 THE REAL PROPERTY AND SHALL BE COLLECTIBLE IN THE SAME MANNER AS 15 CITY REAL PROPERTY TAXES, WITH THE SAME PRIORITY, INTEREST AND 16 PENALTIES. INITIATION OF ABATEMENT ACTION SHALL NOT PRECLUDE THE 17 INITIATION OF ANY OTHER ACTION OR LEGAL PROCEEDINGS AUTHORIZED 18 OR PERMITTED UNDER THIS ARTICLE, THE LAWS OF THE STATE OF 19 MARYLAND AND THE COMMON LAW B. NOTICE OF ABATEMENT ACTION. AT LEAST FIFTEEN (15) DAYS BEFORE 22 COMMENCING TO ABATE A VIOLATION, THE CODE OFFICIAL SHALL ISSUE A 23 NOTICE OF ABATEMENT TO THE OWNER OF THE PROPERTY ON WHICH THE 24 ABATEMENT WILL BE UNDERTAKEN. THE NOTICE SHALL DESCRIBE THE 25 ABATEMENT TO BE UNDERTAKEN, SHALL PROVIDE AN ESTIMATE OF THE 26 COST OF ABATEMENT, AND SHALL SPECIFY THAT THE COST FOR THE 27 ABATEMENT SHALL CONSTITUTE A LIEN ON THE REAL PROPERTY OF THE 28 OWNER C. SERVICE. THE NOTICE OF ABATEMENT ISSUED BY THE CODE OFFICIAL SHALL 31 BE SERVED BY PERSONAL SERVICE OR BY CERTIFIED MAIL, RETURN RECEIPT 32 REQUESTED, BEARING A POSTMARK FROM THE UNITED STATES POSTAL 33 SERVICE TO THE LAST KNOWN ADDRESS OF THE PERSON IN WHOSE NAME 34 THE PROPERTY IS ASSESSED FOR TAXATION. IF THE NOTICE IS NOT 35 DELIVERED BY PERSONAL SERVICE OR BY THE POSTAL SERVICE, THE NOTICE 36 SHALL BE POSTED ON THE ENTRANCEWAY TO THE PROPERTY AT WHICH THE 37 VIOLATION HAS OCCURRED D. RIGHT OF PROPERTY OWNER TO HEARING. ANY PROPERTY OWNER WHO IS 40 SUBJECT TO HAVING A CONDITION ON THE OWNER S PROPERTY ABATED BY 41 THE CITY AND A LIEN PLACED ON THE OWNER S PROPERTY AS A RESULT OF 42 THE ABATEMENT SHALL HAVE A RIGHT TO A HEARING BEFORE THE CODE 43 OFFICIAL IF THE PROPERTY OWNER SERVES A WRITTEN REQUEST FOR A 44 HEARING ON THE CODE OFFICIAL WITHIN TEN (10) DAYS AFTER BEING 45 SERVED WITH THE NOTICE OF ABATEMENT ACTION OR THE POSTING OF THE 46 NOTICE OF ABATEMENT ACTION ON THE PROPERTY. 22

23 Ordinance No. 18-O-04 Environmental Control Code Page 15 of E. SUBPOENAS; WITNESSES. THE DIRECTOR MAY SUBPOENA OR PROCURE WITNESSES AND EVIDENCE IN ACCORDANCE WITH SECTION H. OF THIS ARTICLE. F. FINALITY OF ABATEMENT ACTION AND LIEN. (1) AFTER SERVICE OF THE NOTICE OF ABATEMENT, UNLESS THE PERSON SERVED WITH A NOTICE OF ABATEMENT MAKES A TIMELY REQUEST FOR A HEARING PURSUANT TO SUBSECTION D. OF THIS SECTION, THE CODE OFFICIAL MAY IMPLEMENT THE ABATEMENT SPECIFIED IN THE NOTICE AND THE LIEN FOR COSTS OF ABATEMENT SHALL BECOME FINAL ON THE PROPERTY UPON COMPLETION OF THE WORK. (2) IF A PERSON MAKES A TIMELY REQUEST FOR A HEARING, ANY ABATEMENT MAY PROCEED AS AUTHORIZED BY THE CODE OFFICIAL FOLLOWING THE HEARING AND THE LIEN FOR THE COST OF ABATEMENT SHALL BECOME FINAL AFTER COMPLETION OF ALL ABATEMENT WORK AUTHORIZED BY THE CODE OFFICIAL. SECTION 3. BE IT FURTHER ENACTED BY THE COUNCIL OF THE CITY OF ABERDEEN, that this Ordinance shall become effective at the expiration of twenty (20) calendar days following adoption. 23

24 Ordinance No. 18-O-04 Environmental Control Code Page 16 of 16 COUNCIL OF THE CITY OF ABERDEEN Patrick L. McGrady, Mayor Steven E. Goodin, Councilman Sandra J. Landbeck, Councilwoman Timothy W. Lindecamp, Councilman Melvin T. Taylor, Councilman ATTEST: SEAL: Monica A. Correll, City Clerk Date 24

25 February 20, 2018 THE AEGIS: Please publish the following legal notice in the FEBRUARY 23, 2018 issue and bill the City of Aberdeen, 60 N. Parke Street, Aberdeen, MD, THE CITY OF ABERDEEN NOTICE OF PUBLIC HEARING ORDINANCE NO. 18-O-04 ENVIRONMENTAL CONTROL CODE The Mayor and City Council will hold a public hearing at Aberdeen City Hall, in the Council Chambers, 60 North Parke Street, Aberdeen, MD, 21001, on Monday, February 26, 2018 at 7:00 p.m. to present and receive input on Ordinance No. 18-O-04, Environmental Control Code. The Ordinance would make certain revisions to the City of Aberdeen Environmental Control Code to provide regulations prohibiting certain illicit discharges into the City s storm water system; providing for enforcement and penalties for violations, including liens on properties to cover the costs of abatement by the City; and generally relating to regulating discharges into the City s storm water system. Copies of the ordinance will be available at City Hall and on the City website, Residents are encouraged to provide written or verbal comments. Special accommodation by request with advance notice. Monica A. Correll, MMC City Clerk 25

26 COUNCIL OF THE CITY OF ABERDEEN Ordinance No. 18-O-07 Date Introduced: February 12,2018 Sponsored By: Councilwoman Sandra J. Landbeck and Councilman Melvin T. Taylor Amendments Adopted: Public Hearing: February 26, 2018 Date Adopted: Date Effective: AN ORDINANCE concerning AMENDMENT OF FY 2018 BUDGET (3) FOR the purpose of amending the adopted budget for the City of Aberdeen for the fiscal year beginning July 1, 2017, and ending June 30, 2018, to appropriate for certain purposes certain funds from the City s unrestricted fund balances, and add additional revenue to the General and Capital Projects Funds and generally related to amendment of the City s FY 2018 budget. * * * * * * * * * * * * * * * * SECTION 1. BE IT ENACTED BY THE MAYOR AND COUNCIL OF THE CITY OF ABERDEEN that the City of Aberdeen Budget Fiscal Year adopted by Ordinance No. 17-O-11 is amended as follows: 1. Increase the Police Dept. No. 110, appropriation for Seized Money from $30,000 to $45, Increase the Parks and Recreation, Dept. No. 180, appropriation for Parks Maintenance from $85,000 to $114, Increase the Transfers, Dept. No. 800, appropriation for Transfer to Capital Projects Fund from $2,793,958 to $2,843, Increase the appropriation for Public Works Administration Storm Drains expenditures in the Capital Projects Fund from $0 to $29, Increase the appropriation for BRAC Zone Improvement Projects expenditures in the Capital Projects Fund from $0 to $29,

27 Ordinance No. 18-O-07 Amendment of FY 2018 Budget (3) Page 2 of Increase the appropriation for General Government Capital Projects expenditures in the Capital Projects Fund from $0 to $809, Decrease the appropriation for Public Works Administration Capital Purchases expenditures in the Capital Projects Fund from $1,133,000 to $1,128, Increase the appropriation for Public Works Administration Streets and Sidewalks Repairs expenditures in the Capital Projects Fund from $1,000,000 to $1,004, Increase General Fund State Grants Revenue No from $75,000 to $104, Increase General Fund Police Seized Assets Revenue No from $30,000 to $45, Increase General Fund Appropriation of Fund Balance Revenue No from $1,098,000 to $1,148, Increase Capital Projects Fund BRAC Zone Improvement Grant Revenue No from $0 to $29, Increase Capital Projects Fund County Grants Revenue No from $0 to $59, Increase Capital Projects Fund State Grants Revenue No from $0 to $700, Increase Capital Projects Fund Transfer from General Fund Revenue No from $2,793,958 to $2,843, Increase Capital Projects Fund Appropriation of Fund Balance Revenue No from $50,000 to $79, Increase Total General Fund appropriation from $17,526,870 to $17,622, Increase the Total Revenues General Fund from $17,526,870 to $17,622, Increase Total Capital Projects Fund appropriation from $3,021,116 to $3,889, Increase the Total Revenues Capital Projects Fund from $3,021,116 to $3,889,550. SECTION 2: AND BE IT FURTHER ENACTED BY THE MAYOR AND COUNCIL OF THE CITY OF ABERDEEN that the sums and amounts reflected in Section 1 of this Ordinance are hereby appropriated for the fiscal year beginning July 1, 2017, and ending June 30, SECTION 3: AND BE IT FURTHER ENACTED BY THE MAYOR AND COUNCIL OF THE CITY OF ABERDEEN that this Ordinance shall become effective at the expiration of twenty (20) calendars days following adoption. 27

28 Ordinance No. 18-O-07 Amendment of FY 2018 Budget (3) Page 3 of 3 COUNCIL OF THE CITY OF ABERDEEN Patrick L. McGrady, Mayor Steven E. Goodin, Councilman Sandra J. Landbeck, Councilwoman Timothy W. Lindecamp, Councilman Melvin T. Taylor, Councilman ATTEST: SEAL: Monica A. Correll, City Clerk Date 28

29 February 20, 2018 THE AEGIS: Please publish the following legal notice in the FEBRUARY 23, 2018 issue and bill the City of Aberdeen, 60 N. Parke Street, Aberdeen, MD, THE CITY OF ABERDEEN NOTICE OF PUBLIC HEARING ORDINANCE NO. 18-O-07 AMENDMENT OF FY 2018 BUDGET (3) The Mayor and City Council will hold a public hearing at Aberdeen City Hall, in the Council Chambers, 60 North Parke Street, Aberdeen, MD, 21001, on Monday, February 26, 2018 at 7:00 p.m. to present and receive input on Ordinance No. 18-O-07, Amendment of FY 2018 Budget (3). The Ordinance would amend the adopted budget for the City of Aberdeen for the fiscal year beginning July 1, 2017, and ending June 30, 2018, to appropriate for certain purposes certain funds from the City s unrestricted fund balances, and add additional revenue to the General and Capital Projects Funds and generally related to amendment of the City s FY 2018 budget. Copies of the ordinance will be available at City Hall and on the City website, Residents are encouraged to provide written or verbal comments. Special accommodation by request with advance notice. Monica A. Correll, MMC City Clerk 29

30 COUNCIL OF THE CITY OF ABERDEEN Ordinance No. 18-O-03 Date Introduced: January 11, 2018 Sponsored by: Councilwoman Sandra J. Landbeck and Councilman Steven E. Goodin Amendments Adopted: Public Hearing: February 12, 2018 Date Adopted: Date Effective: AN ORDINANCE concerning FEE SCHEDULE REVISION FOR the purpose of modifying the City s Schedule of Rates and Charges to provide for a development review and inspection fee escrow. BY adding Chapter A550. Fees Section A550-1.J. Code of the City of Aberdeen (2010 Edition as amended) EXPLANATION: CAPITALS INDICATE MATTER ADDED TO EXISTING LAW ((Double Parenthesis)) indicate matter deleted from existing law. Underlining indicates amendments to bill. Strike-Out indicates matter stricken from bill by amendment or deleted from the law by amendment. * * * indicates existing unmodified text omitted from Ordinance SECTION 1. BE IT ENACTED BY THE COUNCIL OF THE CITY OF ABERDEEN, that new Section A550-1.J is added to the Code of the City of Aberdeen (2010 Edition as amended), Chapter A550. Fees, to follow immediately after Section A550-1.I., to read as follows: 30

31 Ordinance No. 18-O-03 Fee Schedule Revision Page 2 of Chapter A550. FEES A Schedule of rates and charges. The following fees, rates and charges shall apply in the City: * * * J. DEVELOPMENT REVIEW FEE ESCROW (1) THE DIRECTOR OF PUBLIC WORKS MAY REQUIRE A DEVELOPER OR OTHER APPLICANT TO DEPOSIT INTO ESCROW WITH THE CITY AN AMOUNT EQUAL TO THE ESTIMATED CUMULATIVE FEES ESTABLISHED UNDER OTHER PROVISIONS OF THIS CODE FOR THE DEPARTMENT S CONCEPT, PRELIMINARY AND FINAL REVIEWS OF ENGINEERING PLANS FOR STORM WATER MANAGEMENT, EROSION AND SEDIMENT CONTROL, ROADS AND DRAINAGE, AND WATER AND SANITARY SEWER FOR A DEVELOPMENT PROJECT, AND FOR INSPECTIONS OF INSTALLATIONS MADE UNDER THOSE PLANS. (2) THE CITY MAY DEDUCT FROM THE ESCROWED AMOUNTS THE COSTS OF REVIEW AND INSPECTIONS UNDER PARAGRAPH 1. (3) THE DIRECTOR MAY REQUIRE A DEVELOPER OR APPLICANT TO REPLENISH AN ESCROW IF THE COSTS OF REVIEWS AND INSPECTIONS REDUCES THE AMOUNT OF THE ESCROWED FUNDS TO AN AMOUNT LESS THAN 25% OF THE FUNDS DEPOSITED INTO THE ESCROW. (4) AFTER ALL REVIEWS AND INSPECTIONS HAVE BEEN COMPLETED AND PAID FROM ESCROWED FUNDS, THE CITY SHALL RETURN TO THE DEVELOPER OR APPLICANT ALL EXCESS ESCROWED FUNDS. (5) A DEVELOPER OR APPLICANT SHALL PAY ALL REVIEW AND INSPECTION FEES THAT ARE IN EXCESS OF AVAILABLE ESCROWED FUNDS. SECTION 2. BE IT FURTHER ENACTED BY THE COUNCIL OF THE CITY OF ABERDEEN, that this Ordinance shall become effective at the expiration of twenty (20) calendar days following adoption. 31

32 Ordinance No. 18-O-03 Fee Schedule Revision Page 3 of 3 COUNCIL OF THE CITY OF ABERDEEN Patrick L. McGrady, Mayor Steven E. Goodin, Councilman Sandra J. Landbeck, Councilwoman Timothy W. Lindecamp, Councilman Melvin T. Taylor, Councilman ATTEST: SEAL: Monica A. Correll, City Clerk Date 32

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