City of Cumberland , Maryland
Regular Session
Council Minutes
Tuesday, September 20, 2005
The Mayor and City Council of
A moment of silence was observed in memory of Steven R. Bowman, Public Works Technician, who passed away September 16, 2005.
INVOCATION – Councilman Hendershot
PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES
CALL OF ROLL:
Present: Mayor Fiedler, Councilmen Elliott, Hedrick, Hendershot, and Rephann. Department Heads and/or Officials present were 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.
MINUTES:
Motion was made by Councilman Hendershot, seconded by Councilman Elliott, and unanimously adopted to accept the minutes of the Regular Sessions of August 9 and 23, 2005, and the Work Session of August 9, 2005.
Councilman Elliott made a motion to approve the executive session minutes of the meeting conducted Tuesday, August 9, 2005, and that the minutes of this meeting reflect that the Mayor and City Council met in Executive Session August 9th on a vote of 5 to 0 to discuss real estate matters in accordance with Section 10-508 (3) of the State Government Article of the Annotated Code of Maryland. The motion was seconded by Councilman Hendershot and unanimously adopted.
REPORTS:
Motion was made by Councilman Elliott, seconded by Councilman Hedrick, and unanimously adopted to accept the following routine reports:
Routine:
1. Personnel Activity report submitted by April Howser, Human Resource Officer, for the period August 21 – September 17, 2005
2. Report of Code Enforcement submitted by Jeffrey Rhodes, Director of Administrative Services, for the period August 19 – September 15, 2005
3. Police Department Monthly Reports submitted by Chief Robert Dick for the months of June and July, 2005
4. Fire Department Monthly Report submitted by Chief William Herbaugh for the month of July, 2005
PROCLAMATION:
A proclamation was read by President Fiedler to Proclaim October 1, 2005, “Kid’s Day of Play” in the City of
PUBLIC HEARING
The Regular Session of the Mayor and City Council was adjourned at 7:41 P.M. in order to conduct the following public hearing:
Petition for Development & Responsibilities Agreement – Mr. George Young,
Mr. Jeffrey Repp, City Administrator, introduced into public record the following exhibits: a. Legal Advertisement of the Public Hearing;
b. The Petition submitted by the Young Family, LLC
Mr. Repp explained the Mayor and City Council adopted an ordinance in 1999/2000 authorizing the creation for the ability of the Mayor and City Council to enter into Development Rights and Responsibilities Agreements, allowing the City to participate in development on private land with the intent of assisting in increasing the housing stock in the City. The Petition of the Young Family was accepted in the public meeting of September 6th, the first step in the process for potential agreement with the developer for City participation in the project. He explained the hearing presents an opportunity for Mr. Steve Wilkinson, representative for the Young Family, to summarize the petition and also an opportunity for questions or comments from both the Mayor and City Council and the public concerning the petition. The next step in the process will be the development of a draft agreement negotiated between the Mayor and Council and the developer for none, some, or all of the conditions of the petition.
Mr. Steve Wilkinson, representative for the Young family summarized the petition received by the Mayor and City Council during the September 9th meeting. He stated the petition requests that the City participate either directly or in-kind by providing improvements in the amount of approximately 50% of the total revenue anticipated to be generated by the development in a ten (10) year period.
Mr. Repp asked for questions of the Mayor and City Council at which time Mr. Wilkinson reviewed the subdivision plat of the property with the Mayor and Council and explained the project. The estimated cost of the improvements is $175,000 of which the City is requested to participate 50% (approximately $86,500.00). Upon request from Ms. Socha, President Fiedler explained Mr. Wilkinson was showing them the plot of the land showing the five lots and where it ties into the City sewer and water today. Mr. Wilkinson explained the request is for the City to participate for half of the costs not to exceed the amount anticipated for the City to receive through taxes from the improvements to the property over a ten-year period regardless of the total cost of the improvements – not half of the total cost of the improvements. Councilman Hendershot asked for clarification of what would happen if the anticipated tax was not generated, to which Mr. Wilkinson responded that if for any reason the taxes generated do not equal the amount anticipated any shortfall would be paid by the developer up to the level of the City’s participation.
Councilman Hendershot asked Mr. Young, being aware of the problems in this area caused by storm water runoff and realizing the project has been approved by the Planning & Zoning Commission, to explain how the project would not adversely affect the neighbors below. Mr. Repp, City Administrator, explained at this time the storm water management plans for construction of the road shown ending in the cul-de-sac has been approved. The approval given by the Planning Commission and Board of Zoning of Appeals requires that as each lot is developed a management plan be submitted for storm water management. Mr. Wilkinson explained further that a part of obtaining a building permit is for the plans to be approved by the engineering department, soil conservation, and everyone involved in storm water management. Councilman Hendershot stated that it is the law that when there is development, the developer has to take care of the runoff and assure there will not be any adverse affect on other properties, and asked for clarification that they have done that. Mr. Wilkinson stated that everything in the documentation requires everything to be submitted to the City for its approval before anything happens. Mr. Young stated that they have been extremely concerned with that issue throughout the project and have spent a great deal of time and money to address the concern of how the runoff will come off each home, and the engineers designed it to slow down the flow of water. Mr. Repp commented that staff had been in the area earlier in the year when there were significant rainfalls to make sure the area had not been impacted by the construction beyond what had been there before to their level of knowledge.
Ms. Teri Socha asked for clarification that storm water management has been done on the lot they currently have building permits for. President Fiedler confirmed that was correct and also on the turn-around road. He further verified that each lot would be done individually.
In answer to a question from Councilman Rephann, Mr. Wilkinson advised the Young Family, LLC owns the four remaining lots; the fifth lot being recently sold. He also confirmed a construction permit had been issued where Mr. Young is constructing his home.
Mr. James Combs inquired about the advertisement in the newspaper for improvements to Calvert Terrace and asked how it relates to this project. Mr. Repp explained engineering documents have been prepared and bids are being solicited for improvements to Calvert Terrace; however, a decision has not been made to award the bid but it is anticipated the City participation in the project will involve Calvert Terrace since it is a public road leading to the project. He confirmed it would be part of the 50% of the taxes generated over ten years.
Ms. Teri Socha asked for confirmation that the money paid for Calvert Terrace was part of the 50% amount and if the tax revenue over ten years is for the five lots. It was agreed. She also asked how soon they anticipate all five lots to be developed. Mr. Repp stated that if the Mayor and Council agree to accept the petition for 50% of the tax revenue, after ten years if the full amount is not received the developer would be responsible to make up the difference with the incentive being for the lots to be quickly developed to begin generating the increased tax value to make sure that doesn’t happen. She questioned it being a ten year interest free loan, and Mr. Repp said they didn’t know at this point if interest would be charged as the agreement had not been negotiated. Ms. Socha then asked if the $86,000 would keep the developer from developing the lots. Mr. Repp said at this point that is irrelevant to the Mayor and Council since they have not decided if they are going to participate or not and said this time is to receive comment on the petition received by the Mayor and City Council, not on a proposed agreement that has not been discussed. Upon question by Ms. Socha, Mr. Repp stated comment on the agreement would be received when it comes back to the Mayor and City Council for action. President Fiedler added that an agreement would not be signed prior to action of the Council.
With no further comments, the public hearing adjourned at 8:00 p.m. and the Regular Session reconvened.
Ordinances and Charter Amendments Resolutions:
Ordinance No. 3543 entitled “AN ORDINANCE TO AUTHORIZE THE EXECUTION OF A LEASE AGREEMENT BETWEEN THE MAYOR AND CITY COUNCIL OF CUMBERLAND AND HAROLD I. TALKINGTON III, FOR PROPERTY LOCATED BETWEEN 730 NORTH MECHANIC STREET AND A CERTAIN PARCEL OF PROPERTY UPON WHICH ZIMMERLA MACHINE WORKS IS LOCATED, IN THE CITY OF CUMBERLAND, ALLEGANY COUNTY, MARYLAND” was introduced in Title only. Councilman Elliott made a motion to accept the first reading and move to the second reading, seconded by Councilman Hedrick and unanimously accepted.
Ordinance No. 3543 was read in Title only for its second reading. Councilman Elliott made a motion to accept the second reading and move to the third reading after comment, seconded by Councilman Hedrick.
Mr. Repp, City Administrator, gave a brief explanation of the agreement and location of the lot. President Fiedler asked for comments.
Mr. James Combs asked for verification that the property is being leased. Mr. Repp confirmed.
Ms. Teri Socha asked the amount of rent being charged, to which Mr. Repp responded that it was One Hundred Fifty-Dollars ($150.00) annually. Mr. Price added the property had been leased by the previous property owner for some time and will now be with the new owner.
With no further comments, the second reading was unanimously accepted.
Ordinance No. 3543 was read for its third reading and unanimously adopted.
Charter Amendment Resolution No. 133 for the creation of an Administrative Appeal Board defining the membership, structure and duties of such Administrative Appeal Board and providing for the abolition of the Board of Election Supervisors, Civil Service Commission and Ethics Commission was introduced in Title only. Councilman Elliott made a motion to accept the first reading and move to the second reading, seconded by Councilman Hedrick, and unanimously accepted.
CAR No. 133 was read in Title only for its second reading. Councilman Elliott made a motion to accept the second reading and move to the third reading after comment, seconded by Councilman Hendershot.
Mr. Repp gave a brief explanation of the CAR after which President Fiedler asked for questions or comments. Being none, the motion to accept the second reading was unanimously accepted.
CAR No. 133 was read in Title only for its third reading and unanimously adopted.
ORDERS:
Consent Agenda:
Mayor Fiedler advised that there were eleven (11) items on the consent agenda. He asked if there were requests for any items to be handled separately. There were requests to handle items numbers 8 and 11 separately.
Councilman Rephann made a motion to adopt items numbers 1 through 7 and 9 and 10. Councilman Hendershot seconded the motion, and the following items were unanimously adopted:
Order No. 24,252 Accepting the proposal of SPECS for professional engineering services for the study of the combined sewer system located near
Order No. 24,253 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
Order No. 24,254 Accepting the proposal of The EADS Group for the West Side Drainage Study - $40,131.58
Order No. 24,255 Accepting the bid of UNIVAR
Order No. 24,256 Accepting the bid of Turf Equipment and Supply Company, Inc., for the purchase of a Toro Groundmaster 580D as part of the State of
Order No. 24,257 Accepting the bid of THC Enterprises for the purchase of a 2006 TYMCO 435 Alley Sweeper for Street Maintenance as part of the
Order No. 24,258 Re-appoint Mr. Bruce Irons to the Housing Authority Commission for a Five (5) year term which will expire October 17, 2010
Order No. 24,260 Accepting the bid of Thomas Construction, LLC for the Industrial Boulevard Sidewalk Extension Project – Est. $35,017.50
Order No. 24,261 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
President Fiedler called for a motion to adopt Item No. 8 on the Consent Agenda. Councilman Rephann made a motion to adopt the order, seconded by Councilman Hendershot. President Fiedler asked for questions or comments concerning the following consent agenda item:
Order No. 24,259 To grant a Historic District Tax Credit to Allen and Joyce Macy for property located at
Mr. Combs asked if the 38% of non-taxable property referenced in the work session included these types of tax credits. Mr. Repp said it did not; they were properties exempt from taxes. He asked for confirmation that when this amount of credit was used up over five years it would be gone. It was confirmed.
Councilman Rephann commented on the improvements being made on
President Fiedler called for a motion to adopt Item No. 11 on the Consent Agenda. Councilman Hendershot made a motion to adopt the order, seconded by Councilman Elliott. President Fiedler asked for questions or comments concerning the following consent agenda item:
Order No. 24,262 Accepting the bid of Signature Homes, LLC, for the Bellevue Street Area Improvements Project - $250,958.64
Ms. Teri Socha questioned if the trigger to build the street was for eleven (11) houses to be sold. Mr. Repp stated it was that eleven (11) houses were to be constructed, not sold. He added that five have been constructed with four of those being sold, and that four of the next six have been either sold or reserved and are in the process of obtaining building permits. Upon further question from Ms. Socha concerned the eleven houses being constructed, Mr. Repp stated with the issuing of the six building permits, eleven houses will be under construction. She expressed concern that since this project started, there have been conflicting articles in the newspaper concerning the number of units sold and also questioned the importance, or not, of eleven houses being constructed prior to the street improvements being made. Mr. Repp explained that eleven should be constructed on
Mr. James Combs asked if the plat for the entire thirty-three (33) houses been completed and filed. He was told it was. He asked when taxes will be collected on the five (5) completed units. Mr. Repp stated they will go on the tax roll as soon as the State Assessment Office puts them on. Mr. Price advised they would go on the tax rolls as they are completed; however, taxes are billed July 1st and tax rolls were prepared prior to that so they would be billed later. Mr. Combs made reference to newspaper articles about the project and related contradictory comments regarding the number of units being under contract. Mr. Repp stated that was an issue between Mr. Combs and the press. Mr. Combs stated it concerns the citizens if they do these street improvements and the houses do not get sold.
Mr. Combs said originally President Fiedler said there was an agreement that if the houses didn’t get built the property would rescind back to the City, and stated there is not a rescission and never was because the land was used for collateral to build the houses.
Mr. Combs asked if the improvements included the alley behind the houses. Mr. Repp said it did not, and explained it was
Ms. Socha asked if the roads would be constructed in accordance with the City’s standards for streets. She was told they would and that it would be a City street.
Councilman Rephann talked favorable about the project, the proper utilization of the land, and that it provides some new connectivity between
Mr. Combs stated that at the last meeting he asked specifically if anything was going on with the improvements to
With no further comments, President Fiedler called for the vote and Order No. 24,262 was unanimously adopted.
Letters, Petitions, Applications, Proclamations, Etc.
Mayor Fiedler acknowledged the following letter:
1. From Marilyn McKenzie, Project Aware Field Coordinator, Volunteer Center of Allegany County, expressing thanks for approval granted to hold the 3rd Annual Wills Creek Duck Derby in Wills Creek on July 10, 2005, and advising of the success of the Derby.
Requests To Be Heard:
Ms. Janis Stevens,
Mr. James Combs, Winifred Road, Cumberland – made reference to the pavement management system discussed in the work session saying it is a great idea; however, he requested that when funding for the project is discussed that the public be well informed and given the opportunity to express their views.
With no further comments, the meeting adjourned at 8:33 P.M.
Approved November 4, 2005
Lee N. Fiedler, Mayor
Sharon S. Clark, City Clerk