Work Session January 11, 2005

WORK SESSION MINUTES

MAYOR AND CITY COUNCIL

CITY HALL CONFERENCE ROOM

January 11, 2005

6:15 P.M.

 

Present:  Mayor Lee N. Fiedler, Council Members Edward C. Hedrick, Jr., Harold L. Hendershot, Jr., and Terance J. Rephann.  Mr. Elliott was absent.

 

Also Present:  Jeffrey E. Repp, City Administrator; H. Jack Price, Jr., City Solicitor; Kevin Hagerich, Director of Public Works; Jeffrey Rhodes, Director of Administrative Services; Raquel Ketterman, Community Development Specialist; Nancy Hausrath, Environmental Technician; and Sharon S. Clark, City Clerk. 

 

 

I.          Public Meeting Agenda Review:

            Mr. Repp reviewed the following public meeting agenda items:

           

            Public Hearing-LLEBG:

            Robert Dick, Police Chief, reviewed information related to the Local Law Enforcement Block Grant (LLEBG) for the public hearing, giving background of how the funds have been utilized back to FY 1999. He also explained the process required for receiving these grant funds as well the process for deciding what the funds would be used for.  He stated that funds this year are in the amount of $11,590.00 plus a 10% City match and the suggested use of the funds at this time is for building security and video surveillance.  After the public hearing the public input will be taken back to the Committee and a final decision will be reached as to how the funds will be utilized.

 

            Resolution:

            Mr. Repp reviewed the Resolution on the agenda to authorize submittal of an application to receive grant funds in the amount of $14,000 for the purpose of performing a feasibility study to determine the cost of upgrading the city wastewater treatment facility for economic development purposes.  These grant funds are from DBED, with a City match of $6,000.  This will be done as an addendum with the Whitman Requardt ENR project currently underway.

                       

            Ordinances:

            1.  Ordinance to authorize the execution of a deed to transfer City Surplus property known as Mapleside Park and Playground to J. Phillip Crippen.  Mr. Repp reviewed the events and procedures followed up to this point of authorizing the execution of the deed to transfer the surplus property.  He added there is a clause which reverts the property back to the City if there is no action taken within one year.  

 

            2.  Ordinance to Repeal and Reenact, with amendments, sections of Chapter 21 of the City Code entitled “Personnel”.  Mr. Repp explained the changes as a result of this Ordinance and their relationship to Consent Agenda Item No. 8 to amend the Table of Organization for the Utilities Division.  He said there is no net increase of personnel, but rather updating titles and job descriptions.  Mr. Hendershot asked for further explanation of Flex-Worker II job title.   Mr. Repp explained this position will have more job duties and that the present Operator Helper and Pump Station Operator positions are old job descriptions which involved technology which has changed substantially.  This updates those job descriptions, changing the titles to Flex-Worker II to reflect a more accurate picture of what the employees do.  He added that the Flex-Worker II position will go away upon the retirement or leaving City employment of these two employees.  Mr. Hagerich provided additional information supporting this change.

 

            Orders - Consent Agenda:   

 

            Mr. Repp asked for questions concerning items nos. 2, 6, 7, and 8 on the consent agenda after which he reviewed the remaining items individually and asked for questions on those items.

 

Item No. 1 to authorize the execution of an Agreement of Sale for the purchase of property located at 9 Virginia Avenue in the City of Cumberland from David E. Pendergast - $13,500.00

Raquel Ketterman explained the purchase of this property is for a Community Betterment Homestead Project for the purpose of increasing home-owner occupied units in the City. 

Mr. Rephann asked about the request for funding.  Ms. Ketterman explained the request was for $38,000 per project (2 projects) from Community Legacy with the idea of rehabbing the properties, selling them to qualifying home-owners thru the program, and then using that funding for additional projects over the next 15 years.  Funds are to be returned them over a period of time – past projects indicate Legacy likes to have certain funds returned after fifteen years. 

Mr. Hendershot asked how this property was selected.   Ms. Ketterman explained this property was one of the first properties looked at by the Chapel Hill West Group when they started the Betterment Program and were looking for vacant properties that have the potential to be sold as rental properties in the future.  The property was headed for foreclosure.  She explained funding for the project.  Mr. Hendershot asked who the contractor would be and what the involvement of the neighborhood group would be.  Ms. Ketterman explained it would be a collaborative effort with a number of local services providers, but noted the details have not been worked out.  She will be contacting other jurisdictions who have done these projects for their input.  It was noted this one (1) project will be done through prior allocations regardless of funding approval for this year.   

Mr. Price explained that in the title search there were several liens found, but that a number of them have been paid down and are in the process of being released.

Mr. Hendershot expressed concern of over-improvement to the point where the property cannot be sold for what it is worth.  Mayor Fiedler and Mr. Rephann stated that could happen and may happen initially until the neighborhood begins to rehabilitate.

 

Item No. 2 to authorize Robert Dick, Chief of Police, to execute a Grant Agreement between the Cumberland Police Department and the Allegany County Health Department for overtime enforcement, concentrating on DUI law enforcement - $5,000.00

 

Item No. 3 to accept the bid of Criswell Chevrolet, Inc. for the purchase of two (2) 2005 Chevy Trailblazers as part of the State bid.  Vehicles are for use in the Water Distribution Department – Total, $42,320.00

Mr. Repp noted there is $60,000.00 budgeted in the FY 2005 for these purchases.  One of the vehicles being replaced will be declared surplus and sold, the other will be for summer employment usage.

           

            Item No. 4 to declare City-owned property located at 107-113 Blaul Avenue surplus property and transfer the property to the Living Stone Church of the Brethren.

            Mr. Repp reviewed a proposal received from Living Stone Church for their plans to demolish this building once it is transferred to them as well as well as the funding they have available for this project.  Mr. Hedrick was advised by this neighborhood group that this was their number one priority.  Mr. Rhodes and Chief Dick both commented as to problems concerning this property. 

                    

                     Item No. 5 to authorize the Mayor to execute a Memorandum of Agreement between the City of Cumberland and Rebecca Reynolds for encroachment in the public right-of-way for the purpose of erecting a 3’ high vinyl coated chain link fence at 521 East Fourth Street.

 

Item No. 6 to authorize the Acting City Comptroller to make payment to Sutphen Corporation as a sole source for repairs to the Cumberland Fire Department 1992 Sutphen Aerial Tower Truck - $17,509.00

Item No. 7 to authorize the Mayor and City Clerk to execute a Twelve Month Employment Agreement by and between the Mayor and City Council of Cumberland and Adam C. Walworth for services as a Computer Technician

 

Item No. 8 to amend the Table of Organization for the Utilities Division.

This item was reviewed earlier in the work session.

 

            Item No. 9 to declare City-owned property known as 314-316 Independence in the City of Cumberland surplus and accept the proposal of Brandlen Construction for demolition of said property - $7,500.00.

            Mr. Repp advised this property was acquired by the City via tax sale in 2004.  Bids were sought for the demolition of it with Brandlen being the low bidder.  He also said they would be working with adjoining properties in similar condition.  Mr. Hedrick inquired about various properties in different stages of demolition and expressed a need to have a time frame for completion specified when projects are awarded.  There was discussion of this problem, and Mr. Repp said he and Mr. Rhodes were looking at a program to try to help solve this problem.  Mr. Hendershot asked if the City crews could do this demolition.  Mr. Repp said crews they would use to do this would be water department employees and they will be involved with the installation of a water line to the Country Club.  He added this would be difficult to do without establishing a separate crew.

            Mayor Fiedler asked Mr. Repp to come back to them with a plan.

 

Item No. 10 to accept the proposal of Whitman Requardt and Associates for additional engineering services for the Fort Hill Water Storage Tank Project, City Project No. 3-04-W  in the estimated amount of $34,950.00.

Mr. Repp said this order had been changed in the Council packet as a result of his recommendation for approval of the first two items only in the amount of $34,950.00 rather than all items on the proposal until he can review the other items for more cost effective measures.  Mr. Repp continued to review the request in its entirety.

 

Item No. 11 to accept the bid of Beckwith Machinery Company for One (1) Wheel Loader for the Wastewater Treatment Plant  - $101,712.00

            There was a $96,000.00 budgeted for replacement of the Pay Loader at the WWTP.  This was advertised with only one bid being received.  The 1992 Pay Loader being replaced will be transferred to the Street Department.  The Street Department’s 1974 Pay Loader will be declared surplus and sold.

 

            Mr. Repp asked for additional questions concerning the public meeting agenda.  There were none.

 

 

II.                Flush Fee Presentation – Nancy Hausrath:

            Mr. Repp advised the first utilities bill to include the Flush Fee will be mailed January 22nd.  He then turned the presentation over to Nancy Hausrath who briefed Council as to where the City is with the flush fee and how it will be implemented.  She explained a change that had been made dealing with the reimbursement of administrative costs.  Initially the City was to submit a bill for up to 3% of the amount collected for administrative costs; however, that changed in that the City has to keep track of their expenses and submit an invoice to the State Comptroller’s Office for reimbursement when and if there are funds available for reimbursement. 

            Ms. Hausrath advised the City is in the ENR planning phase and currently have a contract with Whitman Requardt for $139,059.00.  She said they are estimating total costs to come in around Twenty Million Dollars ($20,000,000) and when the planning phase is complete they will have a better cost estimate for Design and Construction Phases.  She distributed FAQ brochures provided by MDE to those who wanted them.

            Mayor Fiedler asked if the flush fee is charged to government-owned housing.  Ms. Hausrath responded that fees are not applied if it falls under Article 44A; which would be city and county buildings, facilities such as Benjamin Banneker Apts., etc.

            Mayor Fiedler asked how AES would be billed.  Ms. Hausrath said the State would decide their fee; however, under no circumstances could they be billed more than Ten Thousand Dollars ($10,000.00).  Mayor Fiedler requested that in placing information on the bills we give full explanation rather than using initials.  Mr. Repp advised there is specific language that has to be used.  He also confirmed that payment for the flush fee is applied first when receiving payment for a utility bill.  Ms. Hausrath advised our late fee can be assessed to the flush fee for non-payment of the bill.

 

 

 

 

III.             Upper Story Revitalization Awards – Raquel Ketterman:

Raquel Ketterman gave a presentation advising of changes in the program for this year (year 3 of the program) as well as funding specifics and staff recommendations for projects and criteria used for the recommendations.  The total award the City received for this program is One Hundred Eighty Thousand Dollars ($180,000); however, the State of Maryland recaptures 2.5% of this ward for administrative fees, leaving One Hundred Seventy-Five Thousand Five Hundred Dollars ($175,500) for awarding to projects half of which is considered deferred loans rather than grants.  Recommendations for award of funding and individual projects were reviewed.

Ms. Ketterman advised Kathy McKenney has detailed information available for review if anyone has questions or wishes to look at it.  Mr. Repp said an order would be on the consent agenda for the next meeting approving the projects.        

Mr. Hendershot inquired about the weighing of the scores and possible changes to the structure of that process.

 

IV.       Executive Session:

            Mr. Repp requested an executive session for the purpose of discussing contractual matters.  Mr. Hendershot made a motion to conduct an executive session.  Mr. Hedrick seconded the motion, and it was unanimously approved.  Chief Dick was asked to remain for the executive session.

             

V.        Adjournment:

            With no further discussion, the meeting adjourned at 7:10 p.m.