WORK SE
MAYOR AND CITY COUNCIL
CITY HALL CONFERENCE ROOM
Tuesday, July 12, 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; Jeffrey Rhodes, Director of Administrative Services, Jay Oliver, Community Development 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:
Ordinances and Charter Amendment Resolutions:
1. Ordinance No. 3537 authorizing the Mayor to execute a deed between the Mayor and City Council and Decatur Heights Development, LLC for the transfer of property located at 217 Glenn Street to Decatur Heights Dev.
Mr. Price, City Solicitor, reviewed the highlights of the lease agreement the City has with Decatur Heights Development and requirements for the transfer of the property in accordance with the lease. He advised the requirements for the transfer had been met and supporting documentation given to him. Ms. Linda Golden, City resident, requested to review the supporting documents, to which Mr. Price agreed and asked that she file an information request form.
Orders (Consent Agenda) - Ten (10) orders discussed as follows:
Order No. 24219 Accepting the proposal of the EADS Group for Phase 3 Engineering Services for the Rolling Mill Access Roads Design Proposal Phase 3, Project No. 10-02-M(1) - $58,454.06
Order No. 24220 Rescinding M&CC Order No. 24,089 and accepting the proposal of Consolidated Electric for installation of an Emergency Generator at the Public Safety Building - $17,481.50
Order No. 24221 Authorizing the City Administrator to execute Change Order No. 2 for the Welton Drive Construction Project, City Project No. 4-04-M, for additional work on the project - $37,009.25
Mr. Repp corrected the agenda noting the dollar amount on the order is correct; however, the agenda states an incorrect amount. The net amount of the change order is $21,610.91. Mr. Repp also advised this project has been completed and is the first project of its nature in Allegany County - A TIF project with participation of the County Commissioners where the City will invoice the County for their share of the increased tax value of the property in August of this year. Total contract – Approx. $480,000.00. He also advised this District has created a possible 4 - 6 additional commercial lots.
Order No. 24222 Accepting the proposal of Howell Trucking, Inc. to renew their contract for the second one-year extension ending March 31, 2006, for Disposal of Grit, Scum, and Screenings, City Project No. 4-01-UTIL - $3,400.00 monthly
Order No. 24223 Authorizing the City Comptroller to make payment to Funk & Bolton for professional services as bond counsel for the issuance, sale, and delivery of Special Obligation Bond (TIF District – Shades Lane Project, Series 2005) – Estimated $25,225.75
Councilman Rephann asked if this was a template for TIF districts enabling the City to use this information for developing other TIF districts in house. Mr. Repp replied that this is for legal services provided, which is a specialized service requiring outside counsel.
Order No. 24224 Authorizing the City Administrator to execute a Main Street Improvement Program Grant Agreement for the Mural Project – Pub at Kelley’s Station - $8,000.00
Order No. 24225 Grant a Historic District Tax Credit to Town Center Development Group, LLC, for property located at 86 Baltimore Street reviewed and approved by the Historic Preservation Commission
Mr. Repp explained this tax credit, advising the total project was approximately $222,000.00 with a tax credit being granted in the amount of $12,536.00 (10% of eligible costs) to be used within five years and a tax freeze at predevelopment value for a period of ten years.
Order No. 24226 Authorizing the City Administrator to execute a Lease Agreement between the Mayor and City Council and the Town Center Development Group, LLC, for property located at 113 Baltimore Street, Cumberland, Maryland
Order No. 24227 Accepting the bid of Carl Belt, Inc., for the Fort Hill Tank Replacement, Pump Station Upgrades and 12” Water Main (City Project No. 3-04-W) – Estimated $1,576,606.00
Mr. Repp reviewed project costs, and advised some funds are being used for this project that were designated for a project in North End which has been rescheduled. Upon question from the Mayor concerning the North End project, Mr. Repp advised the engineering work will possibly be done this year and, pending expenses, the whole project could be undertaken; which will be considered in the spring. Hopes are that the water main portion will be completed prior to the opening of schools.
Order No. 24228 Authorizing the City Administrator to execute documents between the City and SunTrust Leasing Corporation for a Tax-Exempt Lease Financing Agreement for vehicles and equipment - $69.087.13 Annually – 5 Years
Mr. Repp reviewed the vehicles and equipment being purchased as part of this lease/purchase agreement.
Letters:
Mr. Repp reviewed the following letters to be presented:
1. From Chief Robert Dick and Richard DeVore advising that police dispatching and communication services officially transferred to the Allegany County Dept. of Emergency Services effective July 1, 2005 at 12:01 a.m.
- From Michael Allen Mudge, Chapel Hill West Neighborhood Association, Inc., requesting the Springdale Street Playground be turned into a green space, the lot be kept as a low-maintenance public park until a redevelopment is adopted, and that if a new location for a playground is obtained that the lot be sold as surplus property.
It was agreed this request would be reviewed after completion of the Virginia Avenue Redevelopment Plan.
- From Thomas Hicks, State Highway Administration, advising they do not object to continuation of Quiet Zone and approval of pre-rule quiet zone in Cumberland.
Status of FY’04 Audit:
Mr. Repp advised he and the Mayor had met with the Mr. Turnbull, of Turnbull Hoover and Kahl, on June 22nd, at which time they requested the City file for a second extension through August 15th. The extension has been requested to the Department of Legislative Service; however, there has been no response to date. Mr. Repp provided a summary of personnel changes in the Finance Department over the last five years, leading to the back log of work resulting in the request for extension.
Mayor Fiedler said he met with the auditors because he wanted a preliminary report from them regarding any concerns they may have. He was told there were no major findings.
Upon question, it was verified there is no penalty for late filing.
Mr. Rhodes, Director of Administration, advised there has been some discussion of the State moving the submission date for municipal and county audits back because of SAS and GASB regulations.
II. Potential CDBG Funding Allocation Changes:
Mr. Jay Oliver, Community Development Manager, reviewed that the CDBG program was being looked for possible transfer to the Department of Commerce and explained the effects this would have on the City in reduction of funding and the changes in the funding allocation under the Department of Commerce. He said he did not feel this was going to happen this year. He advised money has been appropriated and becomes effective October 1st, which he does not feel will be effected; however, he recommended discussion of this matter for future years.
Mr. Oliver then reviewed the program status as of July 2005.
Councilman Hendershot asked if the restriction of funds with eminent domain affects the current project on Glenn Street, to which Mr. Repp and Mr. Price said it did not and noted the Glenn Street property is a blighted structure and funds have been set aside in the budget for the project.
III. Proposed Camping Ordinance:
Mr. Repp noted a draft of this ordinance was given to Council for their review and comments. Mr. Price summarized the ordinance noting the purpose is to regulate camping in the City in light of the increased use of the bike trails, etc. in the near future. Mr. Price said he modeled the draft using the books subscribed to by the City on municipal ordinances making modifications to fit the City’s needs. Mayor Fiedler noted that the trail is expected to be finished to Cumberland by July 9th of next year.
There was discussion of zoning for camping areas, a camp ground, and possibly a privately operated hostel for overnight stays for people coming to the City. Mayor Fiedler also noted a procedure needs to be established for applying and obtaining a permit.
Councilman Hendershot asked for clarification of a section of the proposed ordinance addressing parking inside a licensed and registered motored vehicle in the parking lot on the side of a religious institution. Mr. Price clarified this was to address people sleeping in vehicles throughout the City, while allowing a provision for religious institution providing assistance to individuals and assistance programs.
Mayor Fiedler noted the draft would be posted on the City’s web site, copies would be available, and the ordinance would be placed on the agenda at the next regular meeting. It was requested that all comments concerning the ordinance be forwarded to Mr. Price.
IV. SB674 – Abatement of Nuisances for CDS Offenses:
Mr. Repp stated that in light of SB674 (distributed) the request for the City Solicitor to draft an ordinance to deal with repeated calls to properties regarding drug related activity may not be necessary.
Mr. Price reviewed SB674 and how it impacts the City’s efforts in dealing with problem properties. He stated the bill provides relatively broad powers to seek injunctive relief and he doesn’t feel the City is in a position to adopt anything beyond the bill since, by the adoption of the bill, the state preempted the field. Various situations were reviewed and there was discussion of how these situations could be handled in light of the bill.
Councilman Rephann suggested, in using this bill, they make it a standard procedure for the Police Chief to notify landlords, both local and out of town, that something has occurred on their property and what the state law says regarding the problem. There was discussion of how this could be done. Mr. Repp suggested waiting on the court decision of conviction or not before putting the owner on notice of the activity. Councilman Hendershot suggested they could put the property owner on notice prior to a conviction of the fact that the police have been called to their property a number of times over a certain period of time, similar to what the Chapel Hill West Neighborhood Association does.
Court Decision 508 Washington Street:
Mr. Price advised the result of the hearing regarding the acquisition of this property via eminent domain was that the property is now the property of the City and has been recorded in the land records. The appraised value of the property was determined to be $18,000.
Mr. Price sent a letter several days ago to all defendants including the County, as a taxing entity, and the internal revenue service, who has a large lien against the property, advising that his intent is to first pay the real property taxes owed the County and City, with the balance of the $18,000 to be paid towards the IRS lien. If there is no challenge of his determination within a week, that is how the monies will be disbursed.
Mr. Repp advised Ms. McKenney has developed a Request for Proposal for advertisement and to be sent to interested parties providing the blue print of how to submit plans for the property as well as the City’s requirements of the successful bidder. Advertisement may be done next with approximately 60 days for response after which recommendation will be presented to the M&CC by the Historic Preservation Commission of the best proposal.
V. Adjournment:
With no further discussion, the meeting adjourned at 7:15 P.M.
Respectfully submitted,
Sharon S. Clark
City Clerk