WORK SE
MAYOR AND CITY COUNCIL
CITY HALL CONFERENCE ROOM
Tuesday, March 8, 2005
6:15 P.M.
Present: Mayor Lee N. Fiedler, Council Members Floyd Pete Elliott, Edward C. Hedrick, Jr., Harold L. Hendershot, Jr., and Terance J. Rephann.
Also Present: Jeffrey E. Repp, City Administrator; H. Jack Price, Jr., City Solicitor; Jeffrey Rhodes, Director of Administrative Services; Chuck Winebrenner, Code Enforcement Officer; William G. Herbaugh, Fire Chief; and Sharon S. Clark, City Clerk.
I. Public Meeting Agenda Review - Jeffrey E. Repp, City Administrator
Mr. Repp reviewed the public meeting agenda as follows:
Ordinances:
1. Authorizing the Mayor and City Clerk to execute an Addendum to the Lease between the Mayor and City Council and the Decatur Heights Development LLC for the property commonly known as Allegany Towers.
Mr. Repp reviewed the change in the lease per this addendum as requested by Decatur Heights Development. With the adoption of this Addendum allowance for a credit towards the purchase price ($56,720) of the property (Allegany Towers) for a period of 2 years for improvements to the structure and demolition of properties within the neighborhood will be given. There was discussion of what would be allowed to be used as credit towards the purchase price of the property and the benefits to both the City and the Group. Mr. Price verified that the purchase price of additional property would not be used as credit towards the purchase price of the building; however, demolition costs would be applicable to the credit. It was also verified that this credit would be accumulated beginning with the date of adoption of this ordinance. Staff recommendation was to adopt the ordinance.
Mayor Fiedler requested Mr. Repp to schedule a time for the Group to come in and present their project for the building and neighborhood at a future work session.
Orders (Consent Agenda):
1. Authorizing the Fire Chief to execute a county-wide Paramedic Intercept Agreement
2. Authorizing the City Administrator and City Clerk to execute an employment Agreement between the Mayor and City Council and John S. Reckley to perform the services of Laboratory Technician for the City of Cumberland
Mr. Reckley has been a contractual employee of the City for approximately 5-6 years at the WWTP performing work during the weekend and on holidays.
3. Accepting the bid of Shaffer Ford for a 2005 Ford F-350 with Dump Body and Snow Plow for the Utilities Division - $33,738.00
The purchase of this vehicle has been bid out twice with no response. This is an opportunity to acquire the vehicle, which is a budgeted item.
4. Authorizing the Mayor and City Clerk to execute a Grant Agreement between the Dept. of Business and Economic Development and the Mayor and City Council - $14,000.00
This grant is for the WWTP.
II. 2004 Code Enforcement Report – Chuck Winebrenner, Code Enforcement Officer
Mr. Winebrenner used a power point presentation to update the Council with a summary of activity for the 2004 year, reviewing the citations for property maintenance, nuisance (high grass/weeds, & rubbish), nuisance (junk vehicles), and legal action as well as the results from the citations. He pointed that although they have seen a 3% increase in property maintenance issues, the severity of the property has been reduced.
With seven (7) properties on the list for Sheriff Sale, Mayor Fiedler stressed the need to move on the Sales and requested the City Solicitor to proceed with these as early as possible. Mr. Hedrick suggested if, as a result, the City takes possession of the properties to bid out the demolition of all properties on one bid.
With 85% of property maintenance cases ending up in court, Councilman Hendershot asked Mr. Winebrenner what percentage of time he was spending in court. Mr. Winebrenner replied that currently they are spending one or two Friday afternoons a month in court. Councilman Hendershot asked if these issues could be handled thru arbitration or some other method to more quickly resolve them. Mr. Price replied that you can’t force arbitration on the individuals, and most of them who come to court are working or doing something to resolve the situation, but most often they don’t show and we get the judgment.
Mr. Repp advised that several years ago the MML tried to get municipal infraction related activities to be considered by administrative law vs. district court, but the Chief Judge of District Court of Maryland wouldn’t go along with it. He suggested they may want to propose that to the MML again next year. Mayor Fiedler said he thought they gave a municipality a trial period over the last two years for doing this and requested Mr. Repp call the League and find out if they did or if anything is happening with this.
Mr. Winebrenner showed a comparison of 2003 vs. 2004 for the various types of citations and said the 2005 Goal is to reduce complaints with 2005 Actions for accomplishing the goal being education, enforcement, and encouragement.
Councilman Hendershot recognized Mr. Winebrenner’s efforts and commended him for the reduction in problems due largely to his consistence and attitude in dealing with people.
III. “Fire & Rescue Companies”, Allegany County Code Home Rule Update – Chief William G. Herbaugh
William Herbaugh, Fire Chief, used a power point presentation to review the purpose of the original Allegany County Code Home Rule Bill and the changes recommended by the committee organized in 2000 to review the Code Home Rule which establishes the Fire and Rescue Board.
The purpose of the original bill was to set appropriations for fire and rescue companies, duties and responsibilities of the membership for the establishment of primary service areas and boundaries, new fire companies and/or rescue squads, distribution of funds, and establishing and reviewing minimum training standards for fire and rescue companies.
The purpose of the update is to provide for equal representation of the emergency service organizations on the Board, establish and review the standard operating and administrative procedures, oversee emergency response procedures, communications procedures, human resource procedures, inspection and testing procedures required by law, reporting procedures, mutual aid agreements, quality assurance, to allow the distribution of funds to be used for a wider variety of purposes, and to propose changes to provide for representation of all Fire/EMS services organizations. Chief Herbaugh explained in detail each of these changes and what they would entail.
Chief Herbaugh further explained that currently the Cumberland Fire Department is considered a non-association member and shares a seat with LaVale and Frostburg Volunteer Fire Departments. It is proposed that the Cumberland Fire Department will have one seat.
Chief Herbaugh reviewed the allocation of funding saying it is proposed for the Cumberland Fire Department to receive no less than 18% of the Allegany County Emergency Services Board’s allocation, which is the same as the 1980 Code Home Rule. He reviewed the funding under the proposed new Code Home Rule.
The budget for the Fire and Rescue Allocation for FY 2004 was reviewed with explanation of the breakdown being provided. In 2004 the City received $157,173 with an additional $31,181 from Senate Bill #508 monies. Chief explained the Senate Bill which is intended to promote effective high quality service, as well as the distribution of funds and what they may be used for.
In review of calls in and outside the City, Mr. Repp asked how many fire calls were made bringing outside assistance into the City to which Chief Herbaugh said there were 17.
Ms. Teri Socha asked what the fee is for an ambulance call. Chief Herbaugh responded that the ambulance rates are set by the federal government and are determined by what type of service is provided with the only difference between in and outside the City being the mileage involved. In discussion of benefits to City residents, Mr. Repp pointed out that the policy of not pursuing collection after three billings has been established by the Mayor and City Council. He added that it would be rare that the City would collect money that did not come from Medicare, Medicaid, or an insurance company. Councilman Hendershot asked how many calls were from people not insured. to which Chief responded that the information was not readily known. Chief Herbaugh pointed that all ambulance companies in Allegany County are billing the same way with the exception of LaVale, who doesn’t bill. Mr. Repp pointed that they are the only company who has a special tax to generate revenue and they are totally volunteer which means their costs are associated with equipment and supplies as apposed to personnel.
Chief Herbaugh noted that the City’s out of city calls have decreased.
Ms. Teri Socha asked in relationship to per capita, what the City receives. Chief Herbaugh replied that the City gets 18%. She asked if that issue would be discussed since the City is larger than 18% of the population. Chief Herbaugh answered that the purpose of the presentation is to update the Mayor and City Council. He added there is a period of time for comment until March 15th during which time the Mayor and City Council may discuss the proposal and make comment to the committee.
Councilman Rephann asked what percentage of the paper gaming money the city is receiving to which Chief Herbaugh replied that an equal amount is distributed to all. Ms. Teri Socha asked that a request be made for the distribution of funds based on a per capita basis. It was recognized that has been an issue, and that looking at the statistics as to where the money is being generated, it is very disproportionate to the City because most of the gambling money is coming from clubs in the City.
Mr. Repp pointed that the deadline for comment to the Board is March 15th after which they will take their proposal to the County where hearings will then be held.
Commissioner Hendershot asked what, if any, leverage the City has if they were to seek a per capita allotment, or if the benefits are so great that they would not want to do that. Chief Herbaugh replied he feels is important that we are a member of the Fire Board and able to give input because emergencies go across boarders and they have to work as a team. He said the Board does the best they can with what they have and he believes, while it is not perfect, this is the next step in the process. Mr. Repp also noted there are 23 companies involved and the Board is representing all of them and making recommendation to the Allegany County Commissioners who will make the ultimate decision as to what the Code Home Rule will be. He also noted several companies would like an equal allotment being allocated from these funds as they are from the gambling funds and said 18% is better than an equal allotment.
Chief Herbaugh suggested they put their feelings in writing and submit them to the Board. Commissioner Hendershot suggested making an allotment at the end of the year based on performance.
IV. Executive Session:
Mr. Repp requested an executive session to discuss contractual and personnel issues. Mr. Elliott made a motion to enter into executive session. The motion was seconded by Councilman Hendershot and unanimously accepted.
V. Adjournment:
With no further discussion, the meeting adjourned at 7:09 p.m.
Respectfully submitted,
Sharon S. Clark
City Clerk