MAYOR AND CITY COUNCIL CITY HALL CONFERENCE ROOM Tuesday, March 24, 2005 8:15 A.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; Raquel Ketterman, Comm. Dev. Specialist; Jay Oliver, Comm. Dev. Manager; 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: Ordinance: Providing for the Introduction of an Ordinance for the closing of a right-of-way located along Fayette Street adjoining 15 Johnson Street in the City of Cumberland. Mr. Price gave a brief overview explaining the area is a grass plot between the sidewalk and the house at 15 Johnson St. Resolution: Supporting the Md. Dept. of Housing & Comm. Dev. Neighborhood Businessworks Program Funding to Tri-County Council of Western Maryland for funding assistance in the stabilization and rehabilitation of 37-45 Baltimore Street. A requirement of this loan application, in order for the owners to be able to access the loan program thru the State, is for the Mayor and City Council to endorse the project by resolution. Orders: Mr. Repp reviewed orders numbers 4 and 5, and asked for questions concerning any of the others. Orders were discussed as follows: 1. Appointing Gregory H. Getty to the Historic Preservation and Development Commission. 2. Authorizing the Mayor and City Clerk to execute an Agreement between the Mayor and City Council of Cumberland and Riverside BMX LLC – “BMX Facility Long-term User Agreement. No real changes in this agreement. The prior group went out of existence and this group is assuming this lease. 3. Authorizing the Mayor to execute an Amendment to Business Associate Agreement between the Mayor and City Council of Cumberland and Carter Professional Services, Inc., to perform billing and claims service for the Cumberland Fire Department Ambulance Service. 4. Accepting the bid of The Faux Group, Inc. for the Virginia Avenue Corridor Redevelopment Plan Project - $39,900.00 Mr. Repp explained the funding sources for this project. Councilman Hendershot asked if the extra funding available for the project referenced by Ms. McKenney could be used to expand the project to include the entire Virginia Avenue corridor. Mr. Repp replied that he would have to discuss the available funding with Kathy McKenney to see if there were excess funds. Mr. Rhodes responded that the logic is to create a project that is manageable and can be handled from a fund raising aspect as well as the administrative level. He said if the plan was done for the entire corridor now there is a good chance that by the time funding was available it would be outdated. He added they could, in the future when funding is available, look at that area of the avenue and suggested that could be Phase 2 of the project. Councilman Hendershot expressed the opinion that it needs to be included in the revitalization. Mr. Mudge, representing the Chapel Hill West Neighborhood Association, pointed out that is a good selling point to the residents of that neighborhood for the importance of organizing a neighborhood association. He added the Chapel Hill West Neighborhood Association asked for a $10,000 grant to get this started for upper Virginia Avenue, which is part of their neighborhood group. It was agreed the areas are very different. Mayor Fiedler reminded there was presentation given for an industrial park in the lower part, which was a very large project and there was concern expressed by the residents. He added that the area is starting to gradually change to be more industrial and that he feels they have to look at that area separately. Councilman Rephann expressed that in looking at the neighborhood in the lower area it is relatively stable and the quality of the infrastructure is very good as well as home ownership; whereas, the area they are looking at is in need of serious infrastructure and home ownership. 5. Accepting the bid of L/B Water Service for pipe and fitting for the Cumberland Country Club Water Line Project - $101,485.52 Mr. Repp explained this bid does not include the stream crossing of the creek, as this part of the project will be bid out since they will be going under the stream. Bids were very competitive. 6. 2004-05 Real Estate Tax abatement for the property known at 1 Navy Way - $6,932.62 7. 2004-05 Real Estate Tax abatement for the property known as Baltimore Avenue Apartments - $33,927.23 This abatement of taxes is for the old YMCA Building. When they upgraded 6-7 years ago, they entered into a PILOT with the Mayor and Council. To access the tax credit program through the State they had to form an LLC at which time they became the Baltimore Avenue Apartment. 8. Real Estate Tax Abatements and Water/Sewer Abatements for properties acquired by the City of Cumberland at the 2003 Tax Sale – taxes $900.95; water/sewer charges $6,250.41 Councilman Hendershot asked if there was a way to pursue collection of the water/sewer charges. Mr. Repp said he would deem them uncollectible. Mr. Price added this individual had been in bankruptcy prior to the City acquiring the property. 9. Personal Property Tax Abatements for trailers previously located at Bauer Trailer Court in the City - $1,870.26 Councilman Hendershot asked if these taxes were collectable. Mr. Repp answered that these taxes are personal property vs. real property which is very difficult, especially in this case where the amounts are so small and the trailers are no longer there. II. 2005-2006 CDBG Program – Staff Recommendations Raquel Ketterman/Jay Oliver Raquel Ketterman said staff was working to development a 5-year plan for the City, for the years 2005 – 2009 and stated the period for comment is open until April 4, 2005. She reviewed requests received this year and funding recommendations. Each member of Council was given a copy of the funding recommendations. She reviewed the 2005 Community Betterment recommendations and the 2005-2006 CDBG funding recommendations, showing how the projects were ranked and the reasoning. In discussion of the recommendation for funds for security cameras, Mr. Repp stated that all the groups asked for foot patrol and that was considered with the recommendation of security cameras would which would provide 24/7 surveillance of areas and that cameras could be moved as activity changes in neighborhoods. Mr. Oliver advised they did not asked for new money for blight, as they have approximately $80,000 left from prior years which will be used. Ms. Ketterman also noted there are sufficient funds from last year for Shade Tree projects. In discussing funding for sidewalk improvements, Ms. Ketterman sated they realize there is a need for accessibility of sidewalks throughout the City and plans to develop a program taking an assessment of sidewalks throughout the city, looking at accessibility and working with disabled service providers. In discussion of City Roads projects where $100,000 is budgeted Mr. Repp said that is augmented with another $71,000 in the current CDBG budget. He pointed out that the Mayor and City Council have committed to making some improvements in the Decatur Street area, assuming the project is successful, to existing roads in that area and this would be the funding source. He also pointed out that $12,000 for the Health Care Expansion for Tri-State Health is only a small part of the funding for their project and that they have funding from other sources. Councilman Hedrick said he recommended funding for a thermal imaging camera and that the fire the previous evening was a perfect example of the need for another camera. Mr. Repp added that he assumes there will also be a request in the Fire Department budget for this item. Ms. Ketterman reviewed administration/planning costs, economic development projects, and public services projects. Councilman Hendershot asked for clarification of the differences between the HRDC Homeless Services Program and the Capacity Building Project for the homeless regarding recommendations. Mr. Oliver said the Homeless Services Program is funding towards the homeless shelter. He added that HRDC normally requests three projects but requested four this year with the highest priority being the jobs project. He said they and Ms. Ketterman felt the Capacity Building is an important project. CDBG Funding Available $1,150,279 Total Requests Received $2,000,000+ The next step is to complete the Action Plan and incorporate the recommended projects, if approved. Comment period is open until April 4th, there will be a Public Hearing April 19th, and information will be submitted to HUD on approximately May 14th. The floor was open for questions. Councilman Elliott asked about the funding recommendation for the Virginia Avenue Project. Mr. Repp responded that funding will be for implementation for parts of the study. Councilman Rephann asked what the percentage allowed for infrastructure is. Mr. Oliver responded that the initial percentage was 33%, but it is down some. The guideline staff has set is about 30%; however, there is no cap placed on them. Mr. Repp added they will look at the end of five years and decide how the funds were spent over the five year period. Councilman Rephann stated that street needs are massive and asked how they could make a decision on this allocation given that this is a pretty vulnerable source of funding with what is going on with the federal government. He suggested bumping it up to make sure funding is available for future street projects. Mr. Repp explained the City is running out of surveyed streets (streets that have been surveyed and determined to be low and moderate income eligible) and that if surveys are not completed, returned, or individuals don’t respond there is no way to certify the street and be able to budget money for it. He added they are looking at a street program for low and moderate residents on an individual basis as opposed to a street basis so if there are a number of low and moderate income people on the street (if the City is doing that street), those individuals will be able to make application for funding assistance through the CDBG program to cover their share of the assessment to be paid by the property owner, giving the city the best bang for the buck for the low and moderate income funds being spent on those eligible for them. There is about $60,000 still available from two years ago that will be spent this summer on low and moderate streets after which they will be finished with the streets under the old program. Councilman Rephann asked about funding for Phase 4 of the Maryland Avenue project. Mr. Repp said money couldn’t be set aside now as that is probably two years away. Mr. Oliver stated they have a reserve of $70,000 in 2004 for city roads combined with the in-house paving they want to finish. Councilman Rephann commented he did not think the HRDC Jobs Initiative participates in the Workforce Summit in the county and that he would not recommend funding them unless they participated. When asked if this was a duplicate service, Mr. Oliver said that issue was raised and they indicated they wanted to work with employers developing what their work force needs are going to be, which no one else does. Mr. Rephann expressed that he felt this is already available. Mr. Oliver agreed to look into it. III. Trash Dumpster Permit Program – Councilman Hendershot At the request of Councilman Hendershot, the issue of tax paying entities that have dumpsters being charged a trash fee on their utility bill was discussed. Mr. Repp included in the packet for the Council the draft ordinance and information pertaining to this issue discussed in May of 2002 recommending the ordinance be adopted establishing a requirement that trash haulers with dumpsters in the city obtain a permit for each dumpster and exempting business with dumpsters from the curbside collection fee. Mr. Repp explained the purpose of the dumpster permit was to assist administratively in monitoring who and when dumpsters were being used vs. the city curbside pickup. He also suggested that they not differentiate as to whether or not the entity is a tax paying entity or not. It was agreed there was a need to address a violation in the ordinance in the case of an entity having a dumpster and setting trash curbside. After discussion, it was agreed to review the draft ordinance and place an ordinance on the agenda for adoption at the next public meeting to be effective July 1, 2005. IV. Abandoned Shopping Carts – Councilman Rephann In the interest of time, this subject discussion was postponed. V. Executive Session: Mayor Fiedler requested a brief executive session to discuss a personnel issue. Mr. Elliott made a motion to enter into executive session. The motion was seconded by Councilman Hendershot and unanimously accepted. VI. Adjournment: With no further discussion, the meeting adjourned at 9:00 a.m.WORK