WORK SE
MAYOR AND CITY COUNCIL
CITY HALL CONFERENCE ROOM
Tuesday, September 20, 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; Vickie Swink, Economic Development Coordinator; 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:
Public Hearing: - George Young Petition for Development & Responsibilities Agreement
Mr. Repp said he would enter into public records in Regular Session the notice of advertisement of the hearing as well as a copy of the petition received at the previous meeting. This hearing presents an opportunity for Mr. Wilkinson, representative for the Young Family, to summarize the petition for the Mayor and Council and for the Mayor and Council to ask questions as well as to receive public comment.
Upon question by the Mayor, Mr. Repp said there would probably be a draft agreement ready for discussion at the October 4th meeting based on feedback from the public hearing.
Actions that will need to be taken: Review by the Planning Commission to assure it is consistent with the City’s comprehensive plan and certification of that to the Mayor and City Council, and Adoption of an Agreement.
Councilman Hendershot asked if all preliminary work had passed through the Planning and Zoning Commission. Mr. Repp said at this point it had; the subdivision plat had been approved, and all engineering work for storm water management had been done.
Ordinances and Charter Amendment Resolutions:
1. Ordinance - Lease Agreement – lot on N. Mechanic Street
For the lease of a lot for parking in the Flood Control area on N. Mechanic Street, previously leased by Caron East - $150.00 annually, a month-to-month lease which can be reviewed at any time in the future if desired
2. Charter Amendment Resolution – To abolish the Board of Election Supervisors, Civil Service Commission, and Ethics Commission and the creation of an Administrative Appeals Board – a five (5) member board per direction of Council
Orders (Consent Agenda) - Eleven (11) orders discussed as follows:
Item No. 1 Accepting the proposal of SPECS for professional engineering services for the study of the combined sewer system located near Cedar Street - $19,400.00
Councilman Hendershot asked if other quotes were sought for this work. Mr. Repp said there was not as this is a relatively small amount and it is the desires to get this done as soon as possible in the case of needed repairs prior to the winter season.
Item No. 2 Accepting the bid of FESCO Emergency Sales for the purchase of a 2006 International Ambulance as part of the Town of Ocean City’s bid - $149,870.00
Item No. 3 Accepting the proposal of The EADS Group for the West Side Drainage Study - $40,131.58
Councilman Rephann asked if there were other bids solicited for this project. Mr. Repp said there was. Councilman Hendershot asked Mr. Repp to revisit the purpose of this study. Mr. Repp stated that following the decision of Circuit Court regarding to the law suits involving Greene and Fayette Streets, direction of Council was to have the work done in 2000 verified – both the proposed engineering work as well as if the work was in accordance to the engineering documents given to the contractor. Councilman Hendershot asked about the bid of Whitman Requardt, to which Mr. Repp explained they were not responsive to the RFP issued; but were more looking at the storm event to determine if it was overwhelming, which didn’t make any difference to the court.
Item No. 4 Accepting the bid of UNIVAR USA for all advertised chemicals except Zinc Orthophosphate and Hydrofluosilicic Acid, accepting the bid of Sal Chemical for Zinc Orthophosphate and Hydrofluosilicic Acid, and all chemicals specified by the County to UNIVAR USA in accordance with their proposals for the Fiscal Year 2006
Item No. 5 Accepting the bid of Turf Equipment and Supply Company, Inc., for the purchase of a Toro Groundmaster 580D as part of the State of Maryland bid for the Parks and Recreation Department - $61,000.00
Mr. Repp explained that orders 2,5,6,& 10 pertain to vehicles planned to be lease purchased in FY2006 budget year in addition to the telephone system. Financing proposals were solicited for $652,000. He said the Maryland State bid is being used for the police vehicles and parks mower, Ocean City bid for the ambulance and District of Columbia bid for the Street Sweeper. In response to a question from Councilman Hendershot regarding the Toro ground master mower, Mr. Repp explained it is a significant mower and would result in lowering the number of personnel now needed to operate smaller mowers. He questioned the street sweeper to which Mr. Hagerich responded that it is the right size for our City streets explaining they were given a demo on the sweeper as well as contacted at least thirteen places now using this equipment for the purpose of validating performance and availability of repair parts and maintenance. He said it would perform as well as the current sweeper and cut the operation down from a two-man operation to a one-man operation due to better technology.
Councilman Rephann asked if all equipment was budgeted, to which Mr. Repp said it was with exception of the telephone system which was previously discussed.
Councilman Hendershot questioned unmarked vehicles costing more that marked ones. Mr. Repp explained unmarked vehicles, which are used for out of town travel, specified cruise control and added that when stripes, lights, etc. are added to the marked vehicles it increases the cost of those.
Chief Herbaugh explained the ambulance box being purchased is compatible with what they have and that personnel have been trained in the electronics. He added that as their fleet is replaced with these ambulances they will be able to be remounted on another chassis, reducing futures costs. Mr. Repp added they try to lease/purchase one each five years, so as one lease/purchase expires another one is purchased with the intent being to have four ambulances with the newest being the primary, etc. He stated that with the purchase of the next ambulance all four will be heavy duty ambulances.
Item No. 6 Accepting the bid of THC Enterprises for the purchase of a 2006 TYMCO 435 Alley Sweeper for Street Maintenance as part of the District of Columbia bid - $111,000.00
Item No. 7 Re-appoint Mr. Bruce Irons to the Housing Authority Commission for a Five (5) year term which will expire October 17, 2010
Item No. 8 To grant a Historic District Tax Credit to Allen and Joyce Macy for property located at 22-24-26 Greene Street - $2,173.32
Item No. 9 Accepting the bid of Thomas Construction, LLC for the Industrial Boulevard Sidewalk Extension Project – Est. $35,017.50
Mr. Repp reviewed the bid tabs for the Industrial Boulevard project advising this project is 100% grant funding. The funds were taken back by the State from jurisdictions who weren’t spending them and given to the City. Upon question from Councilman Hendershot, Mr. Repp verified that $38,000.00 allocated and if there were monies left after this work was completed, the State would probably allow additional expenditures up to the $38,000.00. He emphasized this money must be spent on a State maintained road which is the reason for the selection of Industrial Boulevard.
Ms. Teri Socha shared with the Council that in New York State they had sidewalks with six-foot high iron fences at the edge with a walking path on the other side of the fence. She asked, with discussions of making Cumberland more walkable, if it wouldn’t be nice to make a safe place to bike and/or walk as the sidewalks are built. Councilman Hendershot questioned if the State Highway would permit the funds to be spent in that manner. Mr. Repp stated he would check into the matter. He reminded them that doing that would reduce the amount of sidewalks they could do.
Item No. 10 Accepting the bids of Criswell Chevrolet and Miller Brothers Automotive for six police vehicles as part of the State Bid for the Maryland State Police – Total cost $123,430.00
Item No. 11 Accepting the bid of Signature Homes, LLC, for the Bellevue Street Area Improvements Project - $250,958.64
Mr. Repp stated that when the first eleven (11) units of the Decatur Street Development were done the City’s obligation was to launch an improvement project on the surrounding roads of the development as well as building a new road across the development connecting Footer Place, Bellevue Street, and the two streets going off Decatur Street. He advised that as of this date the developer has sold four of the five constructed units, building permits will be issued in the near future for the next set with four of the six being sold or deposits been paid. Plans are that as soon as construction begins on these to start on the five to be on the new Bellevue Street Ext’d. As a result, a packet was put together and is ready to be accepted for the improvements. The funding source for the project is monies from three years of CDBG funds totaling $272,306. With the award of this bid in the amount of $250,958.64 the project will be within the budget and is recommended by staff to award.
Councilman Hendershot asked why the quote from Signature Homes decreased. Mr. Repp responded that this is a line item project rather than a lump sum, and when our spreadsheet was done the total amount was found to be different. The contractor has been advised of their mathematical error, and is in agreement with the lesser number as a result of that error.
Upon question from Mr. Combs, Mr. Repp reviewed the bid amounts received for the project.
Councilman Hedrick asked when construction would begin to which Mr. Repp said they would be issued a notice to proceed after required documents are submitted as well as a pre-construction meeting with Community Development Staff.
Councilman Rephann asked for review of the area for the project. Mr. Repp reviewed the area.
Councilman Hendershot asked for the parameters to be reviewed. Mr. Repp stated it was agreed that when the first eleven (11) units were constructed or under construction on Decatur Street, the City would commit to the road project as the next units would be constructed on roads that don’t currently exist. Mayor Fiedler reminded that when they signed off, the contractor was to build the first five units, the second six units, and assuming he could build and sell them, it was agreed to do the street improvements; however, if it couldn’t be done the property would be returned to the City.
Councilman Hendershot asked about the analysis of taxes generated vs. the cost of improvements over a period of time. Mr. Repp stated he would have to do a review to see if that analysis was made; however, he believes that thirty-three units will generate a significant amount of money over a ten-year period of time with the question being how quick thirty-three units will be completed. Mr. Repp said this was also a major jump start to a neighborhood that was in need of it. Mr. Rephann also commented about improved access. Mr. Hedrick agreed. Mr. Repp added that out of the eleven units, eight are sold or reserved and one or two are being used as model homes.
Councilman Elliott asked how many townhouses have been constructed at the Cumberland County Club. Mr. Repp responded that as of thirty days ago, nine town houses are being built, of which he believes six have been sold or spoken for and they are discussing construction of the next waive of houses.
Councilman Hendershot noted the Personnel Activity report reflected the hiring of a Street Superintendent and several promotions, and asked if they are proceeding with the personnel work trying to re-shape the organizational chart. Mr. Repp explained the Street Superintendent is a replacement due to the retirement of Mr. Watkins and Mr. Chapman, former Assistant Street Superintendent, had been promoted to Assistant Director of Maintenance. He also noted there are several vacancies in the department and that staff will also be discussing the need for the Assistance Street Superintendent position.
II. Pavement Management System and Comprehensive Road Improvement Program:
Mr. Repp lead the Council through an analysis of what staff has done based on comments from Council leading to a recommendation for a Pavement Management System, an engineering report prepared and delivered to the City for a comprehensive road improvement program. He also reviewed funding mechanisms for the program and calendar of events for the process.
Mr. Repp gave a brief history of road improvement programs in the City including special assessment for improvements, 50% participation of improvements, and CDBG funding used for street projects. He explained that as the CDBG program began to decline funds were augmented with other monies to make street improvement projects. He noted that in 1977 a Pavement Management System was prepared by an engineering firm, but for a number of reasons was never used. He noted that a decision needs to be made for moving forward referencing discussions of needed improvements, costs, and a program where the public will know when and how improvements will be made.
Councilman Hendershot asked how White Avenue was constructed. Mr. Repp responded that it was probably pre-zoning code and a combination of lack of zoning as well as an aggressive policy for the developer to follow. There was discussion of problems the developer experienced as well as with other developments in the past.
Mr. Repp gave a presentation explaining what a pavement management system is and what it does when implemented. He acknowledged this presentation was found on the Internet by the Acting Director of Engineering. The presentation was comprised of information concerning the importance of a Pavement Management System, typical management practices that exist in everyday life, how a Pavement Management System works, and condition report capabilities for geographical areas of the City.
Councilman Hendershot asked if there was a scientific way to determine the condition data of a roadway. Mr. Repp responded that there are engineering firms who do that and that the data would show the current condition of the road, which roads should be repaired first, what techniques should be used for the best results, and projected long-term consequences of delayed or deferred repairs.
Mr. Repp stated the document should give them the ability to determine how to get more streets into routine maintenance, avoiding reconstruction costs and that the information could be incorporated into our GIS Mapping program so it can be queried on a computer basis.
Mr. Repp stated the estimated cost involved for the development of the program would be between $99,000 and $112,000, with a time frame of 3-4 months.
Various methods of funding for a program were presented including a property tax rate increase (noting approximately 38% of the assessable base of Cumberland is tax exempt), creation of special taxing districts, special/front foot assessments, and the creation of a street utility fee and fund.
Councilman Rephann asked if a special assessment would be a deductible item for income taxes. Mr. Repp and Mr. Price said they did not feel it would be, and Mr. Price explained the individual would be invoiced for the special assessment which would be recorded in Circuit Court as a lien on the property.
Mr. Repp stated he believed the creation of a street utility fee and fund would be the fairest source of funding. He explained the utility fee is based on traffic generated (based on trips being generated by the particular use, house – hospital -, etc.). Councilman Hendershot asked if people living on a main artery would pay a larger amount. Mr. Repp explained if it’s a single family house on a main drag it would be what the formula generates for a single family house of a certain size. He further explained this method would include non-profit and public institutions.
Mr. Repp advised this may require General Assembly Action and that the Attorney General’s Office is reviewing Maryland law and whether or not the City has the ability to levy a street utility fee. He explained that in Maryland you are able to levy fees without General Assembly approval, but you’re not able to levy tax – with the question being if this is a tax or a fee. He stated that an opinion is expected to be issued in the near future.
Ms. Socha asked if the County would be billed for schools, etc. if this method of funding was used. Mr. Price answered that whoever the title owner of the property is would be billed. She said she anticipates pressure for giving the non-profits a break. Mr. Repp responded that if this would be the decision for funding, he did not believe they would get a break; however, at this time these methods of funding are being presented to the Mayor and City and Council for their consideration of the fairest way to pay for a Pavement Management System and a Capital Improvement Program for streets. Councilman Hendershot pointed out that non-profits use police/fire services in the City and need to help contribute to the community.
Councilman Rephann commented that another method of funding would be to cut staffing and services in non-critical areas and that he could think of a few things that could be cut without a drastic affect on the City residents. Mr. Repp stated the question would be if they would generate enough revenue to fund the program noting the two biggest items in the general fund are Police and Fire. Councilman Rephann commented that in looking at an annual cost for this program of $1,000,000 they could be looking at a combination of funding methods.
Mr. Repp stated that staff would need, when the time comes, a decision for a funding method rather than funding on a year-to-year basis.
Councilman Rephann asked if there was a system upkeep cost. Mr. Repp stated there would be a cost associated with constant update and maintenance, but that costs would be built into the cost of the entire GIS system and not just roads, with one person being retained to do all updating. Councilman Rephann asked if the County was looking at a similar program. Mr. Repp said he was not aware of any plans they have.
Mr. Repp reviewed the process from developing an RFP solicitation to first year planning for a PMS plan and said determining how to pay for this would be part of next year’s budget discussion.
Ms. Teri Socha asked if they were paying for an information system, being software and the ability to input data and output it in a variety of ways, or would they be responsible for being accountable if they say a street is structurally sound underneath and it isn’t. Mr. Repp said that would be the City’s problem. Mayor Fiedler said they would be giving the City their opinion, but there is no guarantee. Mr. Repp elaborated that the work product to be delivered to the City would be a written report of the street conditions, why, needed repairs, and a data form of the report which could be implemented into our GIS system when it is up and running (1-2 Yrs.).
Mayor Fiedler stated that when the City began receiving CDBG money it also had a fund with money in it. That fund quickly disappeared, and after several years the city was in a situation where all they could do were CDBG projects. Restrictions became tighter limiting streets that could be done with that funding, which limited the number of streets that could be done. He said he feels they will see so many streets in need of improvements the cost will be several million dollars and once they have the numbers they can determine a method to pay for the program in its entirety or what they need to do. He added he feels that they have to get the information on the streets.
Councilman Rephann asked if an option would be to stop doing sidewalk projects with CDBG monies making those funds available for street projects. Mr. Repp said it was, but a set of standards needed to be set and followed which could mean some streets would get sidewalks because they are major thoroughfares and ones that don’t need them wouldn’t.
Mr. Repp asked if it was the consensus of Council to proceed in this direction. It was agreed to proceed.
Councilman Hendershot suggested asking the County if they would want to participate in this project. Mr. Repp agreed to make the inquiry.
III. Executive Session:
Mr. Repp requested an Executive Session to discuss economic development matters. Ms. Vicki Swink, Economic Development Coordinator, was requested to stay for the session. Councilman Elliott made a motion to go into executive session, seconded by Councilman Hendershot, and unanimously agreed.
IV. Adjournment:
With no further discussion, the meeting adjourned at 7:23 p.m.
Respectfully submitted,
Sharon S. Clark
City Clerk