WORK SE
MAYOR AND CITY COUNCIL
CITY HALL CONFERENCE ROOM
Tuesday, May 17, 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; Kevin Hagerich, Director of Public Works; William 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: Five (5) Ordinances. Discussion as follows:
Ordinance No. 3521 To provide for the closing of a portion of 8’grass plot right-of-way along Fayette Street between 15 Johnson Street and the sidewalk and the appointment of Commissioners to appraise the amount of damages of benefits to adjoining property owners
Ordinance No. 3522 To authorize the acquisition of 230 Glenn Street for the purpose of blight removal
The appraisal has been received for this property and this begins the process for acquiring the property through eminent domain.
Ordinance No. 3523 Authorizing the Mayor to execute a deed transferring City surplus property located on James Day Drive to Cornerstone Enterprises, LLC
A reverter clause has been added to the deed stating that after three years if sixteen building permits have not been issued, the property will revert back to the City if the Mayor and Council want to exercise the reverter clause.
Upon question from the Mayor, Mr. Price advised rather than doing a separate agreement he put language in the agreement that if the project is not done in accordance with the proposal, the property reverts back to the City. He added he made reference to the April 12th letter they sent saying in-kind rather than in-cash.
There were no further questions.
This ordinance to be presented for the 1st and 2nd Readings Only (3rd Reading 05/31/05):
Ordinance No. 3524 Providing a Schedule for Water Rates
This rate schedule is based on the rate study recently performed with the new rates effective July 1st.
Ordinance No. 3525 Amending the Cumberland City Code by adding a chapter entitled “Cable Television”
Councilman Elliott asked if a committee would be appointed for this process. Mr. Repp responded that there would be.
Mr. Repp advised this ordinance establishes the framework that will be utilized when negotiations begin for renewal of the franchise with Atlantic Broadband, including what franchise fees are and including language for anything and everything that can be considered a franchise fee can be included in the number. Mr. Price added that there are also provisions about service standards, etc.
Mr. Repp added that it also included language to address Councilman Rephann’s concerns over the lack of flexibility the City has with getting public access channels and things they can provide for the City insuring that they will have an understanding of what the City will be looking for when negotiations begin. This document was recommended to the City by the attorneys the City retained and uses standard language that has been used in other jurisdictions. Mr. Repp stated that with the adoption of the Ordinance, Atlantic Broadband will be provided a copy and the process will begin.
Resolutions:
1. Granting a property tax credit to the Western Maryland Scenic RR for the tax year 2004-05 in accordance with Section 9-301 of the tax-property article of the annotated Code of Maryland – $12,521.57
This is the standard resolution that has been adopted by the Mayor and City Council each year since the creation of the railroad providing a tax credit for the Scenic RR
Orders (Consent Agenda):
Fourteen (14) orders on the consent agenda. Orders were discussed as follows:
Item No. 1 Authorizing the Mayor to execute an Encroachment Agreement between the Mayor and City Council and Matthew Allaway for encroachment into McDonald Terrace for a stone retention wall
Item No. 2 Accepting the bid of Joe Metzner, Barb’s Confection for operation of the concession at the Constitution Park Pool and Cavanaugh Field
Item No. 3 Accepting the bid of Riverside BMX, LLC for the operation of the concession at the Mason Recreation Area
Item No. 4 Adopting a Final Pay Policy for all regular full-time City employees
Mayor Fiedler asked what brought the final pay policy about. Mr. Repp stated that some people would give notice and others wouldn’t, putting the department in a bad situation. This policy will require a two week notice to be given if the employee is going to get their final pay and benefits from the City. Exceptions can be made based on circumstances with the approval of the City Administrator.
Item No. 5 Authorizing the execution of an Agreement between the Mayor and City Council and Allegany Professional Properties, LLC for City participation in improvements to a parcel at the corner of Centre Street and Dexter Place in the City
Item No. 6 Accepting the bid of Thomas Construction, LLC, for construction of an Alternate Coagulant Containment Structure - $15,138.75
Item No. 7 Declaring computer equipment to be surplus equipment
Councilman Hendershot if there was a recent large upgrade resulting in this surplus equipment. Mr. Repp answered that the City bought approximately 22 computers over the last year which resulted in having surplus equipment. This allows the City to dispose of that equipment.
Item No. 8 Authorizing Chief Robert J. Dick, to execute a Local Management Board Grant between the City Police Department and the Local Management Board of Allegany County, Inc. for P.L.A.Y. Program
Councilman Rephann asked for explanation of this grant to which Mr. Repp responded that this is a pass through grant for two officers who are involved with youth in the school districts, and is at no cost to the City. Salaries and expenses are paid by the grant.
Item No. 9 Authorizing the Mayor to execute and submit an Application for CDBG Entitlement Funds for FY 2005-2006 - $1,150,279.00
Item No. 10 Accepting the proposal of Hagemeyer (Tri-State Electric) for the purchase of a motor control system - $15,450.00
Item No. 11 Authorizing the City Administrator to execute an Inter-Governmental Agreement between the City and Md. St. Dept. of Human Resources for providing Computer Training to customers at Carver community Center FY 2005-06 - $24,000.00
Item No. 12 Authorizing Chief Robert J. Dick, to execute a Grant Agreement between the Cumberland Police Department and the Allegany County Health Department for overtime for police officers - $3,000
Item No. 13 Authorizing the Mayor to execute a Community Legacy Program Agreement for funding the Community Legacy project entitled “Rehabilitation/Code Compliance Program – Rolling Mill District - $125,000.00
Councilman Elliott asked for further explanation to which Mr. Repp responded that this was for the one part of last year’s Community Legacy program that was approved for which we have now received our contracts.
Councilman Rephann asked if this was for grants for home improvements in this designated area. Mr. Repp confirmed.
Item No. 14 Accepting the proposal of Process/Kana, Inc. for a Coagulant Storage Tank at the Water Filtration Plant - $13,692.00
Letters:
1. From Jerry L. Frantz, Director of Finance Allegany County – Tax Differential worksheets for FY 2006. Rates: Real Property 0.0698, and Personal Property 0.1745
Mr. Repp reviewed the differential rates received via this letter from the County and said that he had done an analysis of the City’s estimated real and personal property base for the upcoming year and the net affect of the differential would be an approximate reduction of $31,000 in what the taxpayers would normally benefit from the differential.
Councilman Elliott asked if the formula resulting from the courts last year was used, and Mr. Repp confirmed that it was and that he would review the numbers. He further explained that it goes back to what is paid for the services considered to be duplicate, rather than what the City pays and if they pay less in a particular year the differential goes down.
II. Closing of Public Right-of-Ways – Sharon Clark, City Clerk
Mr. Repp turned the presentation over to the City Clerk for explanation of findings from other municipalities in the State of Maryland of their procedure for closing of public right-of-ways as well as a recommendation for a more efficient and economical process. The recommended process was modeled after the City of Salisbury’s as they are of a comparable size to the City of Cumberland, with modifications made to fit the City’s needs and desires. She explained the step-by-step differences in the current policy vs. the recommended policy.
With the recommendation of no longer assigning Commissioners, Mr. Price explained their participation in the process and noted that he has never seen them come back with anything rather than approval to close. Ms. Clark also noted that there was only one other municipality who assigned commissioners and that staff and/or Mayor and City Council determine whether or not the closing is in the best of the residents.
Ms. Clark then reviewed the necessary Charter changes if this was implemented as well as the enhancements to the process.
Councilman Elliott asked if eliminating the newspaper advertisements would be a problem, to which Mr. Price responded it would not because the public would have access to the information. Mr. Price explained the process for deeding the property to the adjoining property owners and how it is split once the right-of-way was closed. Ms. Clark advised most municipalities who responded to the survey did not do newspaper publications, but rather used the web site, bulletin boards, and the Council agenda for advertisement. Mr. Repp added that the ordinances would go through the regular public meeting agendas that are in the paper as a public agenda item, and may be read more as a part of that rather than a legal advertisement.
It was agreed to implement the recommended changes and for Mr. Price to draft the necessary Charter changes. Mr. Repp also advised he would work with the Engineering staff to recommend an appropriate fee.
III. Fiscal Year 2006 Budget:
Mr. Repp reviewed the proposed FY 2006 recommended budget by fund using a power point presentation. He reviewed general fund revenues, including recommended revenue enhancements to balance the budget for the first time since he has been the City Administrator for Cumberland. Recommended enhancements were to increase the personal property tax rate, and to increase the rental registration fee from $15 to $25 per unit which has not been adjusted since the creation of the fee. He noted that the highway use revenue has been mostly restored.
Councilman Rephann expressed opposition to the increased personal property tax.
Mr. Repp reviewed the general fund expenditures with no full time employees proposed based on the currently financial situation of the City, explaining increases in expenses for fixed costs, and referencing a detailed spreadsheet provided to Council for their review showing requests and his recommendations for funding.
He also reviewed the recommendation for a bond issue and uses of the funds as follows: Retaining a consultant to evaluate the City Hall and Public Safety Buildings to see what needs to be done to the buildings to bring them up to code, make the needed improvements, look at the security of the buildings, and possibly enhance the council chambers with audio/visual equipment. Also two pump stations, and potentially three pump stations, are in need of significant work and needed concrete work on the flood control system.
Mr. Repp added that the bond issue would not be a part of this budget since if it is issued this year the payments would not be due until next year. He added that he would be providing the Mayor at his request information for reviewing the debt limit.
In discussion Workman’s Compensation, Mr. Repp said with rising costs and a projected premium cost of $1,000,000 staff is looking at an actuary study to determine if IWIF rates are appropriate and looking at the possibility of being self-funded. Mr. Hagerich briefed the Mayor and Council about a trip he made to Montgomery County to discuss their self-funded program.
Mr. Repp said staff is also looking at adopting a city-wide workman’s compensation policy to include annual physicals for all police/fire personnel, mandatory alcohol/drug testing for all accidents involving city vehicles, and education for employees.
Councilman Hendershot suggested evaluating the needs for safety equipment in public works, public safety, etc. to decrease the City’s risk. Mr. Repp said staff’s recommendation is to employ a “Risk Manager” to do risk assessments. Mr. Hagerich said the first steps taken this year were to implement mandatory safety meeting and follow-up with employees.
Mr. Repp reviewed the water fund recommended budget which includes the new water rates, reviewing some of the larger projects to be completed in the next budget year.
The sewer fund recommended budget was reviewed, which includes the new sewer rates, reviewing some of the larger projects to be completed in the next budget year.
Mr. Repp recommended an 8% increase in the trash fund with both the tipping fees and tonnage both having increased. In discussion of dumpster permits, Mr. Repp said Mr. Hagerich is evaluating a list of dumpsters and a recommendation for a permit fee and statement of lost revenue that may be experience through changing the program, at which time the Mayor and Council can decide if and how the want to implement a new procedure. Councilman Rephann asked how much of the tipping fee cost is an increase in volume and how much is the per volume increase. Mr. Repp said he would provide Mr. Rephann with how much is tonnage and how much is the fifty cent energy fee tacked on last year. Mr. Repp reminded the council that the General Fund still pays $256,000 towards the contract for trash with Howell Trucking.
As part of the recommended bond issue, Mr. Repp said that two MPA items that need looked into is an increase to pay for the George Street Garage renovations and the parking kiosek project. Part of the bond issue may also be for the Baltimore/Mechanic Intersection and possible funds for a street improvement program. There was discussion of $200,000 for blight removal. Councilman Hedrick suggested, with increasing costs to the City, looking at a fee for demolitions done by the City.
Mr. Repp stated he is anticipating introducing the budget ordinances at the meeting of May 31st, with adoption on June 14th. He reminded Council that there would be two public hearings at the next meeting – constant yield tax rate and hotel/motel funding requests. He added that he would be getting them the needed information for a decision to be made on the dumpster fee. Councilman Hendershot suggest it might be time to pull the remaining portion of the trash fee from the general fund and have it all in the trash fund to reflect the full cost for the pick up.
Bulk Pick-up Program:
Councilman Hedrick asked for an update on this new program. Mr. Hagerich said the first month there was approximately 4 ½ tons picked up.
A member of the audience asked about tags for garbage bags. There was some discussion of this subject.
IV. Executive Session:
Mr. Repp requested an executive session for the discussion of legal matters. Mr. Elliott made a motion to go into executive session. Mr. Hedrick seconded the motion, and the motion passed unanimously.
V. Adjournment:
With no further discussion, the meeting adjourned at 7:25 P.M.
Respectfully submitted,
Sharon S. Clark
City Clerk