WORK SE
MAYOR AND CITY COUNCIL
CITY HALL CONFERENCE ROOM
Tuesday, August 23, 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; John Chapman, Maintenance Manager; and Margie Eirich, Acting City Clerk.
Postal Worker’s Union
Prior to addressing the Agenda, Councilman Elliott introduced Jim Bestpitch, President of the Western Maryland Central Labor Council of the AFL-CIO, who asked for the support of the Mayor and City Council on behalf of the Postal Worker’s Union. Phil Jones and Jim Longhorn also attended as representatives of the Postal Union. Mr. Bestpitch advised Council that the Postal Service made known their plans to move the mail out of Cumberland for processing at the Frederick site, and the Postal Worker’s Union would like to prevent that from happening because it would result in the loss of good paying jobs and have a detrimental effect on the community. Mr. Bestpitch requested that the Mayor and Council send a letter of support to both senators as well as the Post Master General urging them not to move the mail out of Cumberland and thereby create a reduction of staffing at the local office.
Phil Jones advised that Saturday mail is currently being processed in Frederick and the union feels this is a test for the upcoming movement of all of the outgoing mail. He further explained the current mail processing methods and the potential effect the proposed change would have on mail service.
Mayor Fiedler suggested the Mayor and Council support the Postal Worker’s Union on this issue because of its importance to the local business community. He said that he and Councilman Elliott would meet with postal representative and Mr. Bestpitch to obtain further details, and indicated a support letter would be drafted and routed for Council approval.
I. Public Meeting Agenda Review - Jeffrey E. Repp, City Administrator
Mr. Repp reviewed the public meeting agenda as follows:
A. Public Hearings:
1. Public hearing regarding the zoning of approx. 183 acres +/- of recently annexed property known as the Cumberland County Club to Urban Residential (R-U) and Conservation (C).
Mr. Repp advised that this rezoning was consistent with the County’s current zoning of that property and informed Council of the exhibits he would be entering into the public record during the hearing.
2. Public hearing regarding the re-zoning of approximately 8 acres +/- of property on James Day Drive, known as the Naval Reserve, from Residential Estate (R-E) to Urban Residential (R-U).
Mr. Repp advised that the proposed R-U zoning is consistent with the entire zoning around the site and discussed the four exhibits he would enter into the public record during the hearing. He said that as this was a proposal to rezone the area, a “Finding of Facts” was required to show there was a substantial enough change in the neighborhood to justify the zoning change. He would also submit current and projected traffic counts to show what the increased count on Marion Street would be with the development. He said the figures projected a marginal increase of one car per minute as opposed to the current figures of one car every minute and a half.
Councilman Rephann asked how this zoning designation would affect future development possibilities for the Pharmacare office building. Mr. Repp advised that the building is not consistent with the current zoning, but since it is owned by the City it is exempt and would retain its current status under the new zoning. Jeff Rhodes indicated the issue would be looked at closer when the zoning ordinance is revised. As Pharmacare does some manufacturing, a higher commercial zoning might be required to make it appropriate. The current recommendation, however, was intended to make it consistent with the entire neighborhood.
3. Public hearing to zone 30 acres +/- near the Cumberland County Club, known as the Thomas W. Mitchell property, to Residential Office (R-O).
Mr. Repp advised that this property had been brought into the city three and a half years ago. At that time there had been a recommendation from the Planning Commission to zone the property, but it did not make it to the final step of formal rezoning by the Mayor and Council. The recommended zoning at that time had been R-U, but given nature of what has been going on in the Willowbrook Road area and the announcements involving the health system, Mr. Repp said the appropriate zoning would now be R-O to make it consistent with the county zoning and provide for residential commercial use.
B. Ordinances
Mr. Repp advised that three of the ordinances on the evening’s agenda involved the zoning or re-zoning of the properties that would be discussed in the public hearings. The fourth ordinance involved the placement of address numbers on homes. He said this issue was addressed under the current Fire Code and was to be administered by the Fire Department. This ordinance will establish that it be administered by Community Development and could therefore become part of the City’s standard operating procedure.
Jack Price stated that the Fire Code is geared mostly towards commercial structures whereas this ordinance would be geared toward homes. He also stated that a week’s notice would be given before a penalty was assessed.
C. Orders (Consent Agenda)
Mr. Repp discussed several of the items on the Consent Agenda.
Item No. 4 – Authorizing the City Comptroller to abate Real Estate taxes on city-owned property located on Bishop Walsh Road / Haystack Mountain for the tax years 2004, in the amount of $1,615.22, and 2005, in the amount of $1,615.22.
Mr. Repp said this order pertained to the Haystack Water Tank that the City owns. The City had begun to receive tax bills for this property, and the State Department of Assessments has now been notified that this address is tax exempt.
Item No. 6 – Authorizing the execution of a Commercial Lease Agreement with Carver Community Center regarding 340 Frederick Street.
Mr. Repp said Darryl Powell has been retained by the city as a part-time Fair Housing Officer and is currently using space in the HRDC building. It was found that there is a need for additional office space, however, and this lease provides for the rental of space at the Carver Center through the City’s CDBG program.
Mayor Fiedler stated that this issue arose from a meeting with HUD three years ago when they recommended the City fill this position, and eventually funded a portion of. At the time, they indicated their concern with individuals having to come to City Hall. Jeff Rhodes concurred that the separation of the office from City government was a good move.
Item No. 7 – Authorizing the execution of a 36-month Fair Market Buyout Lease with IBM for IBM AS Model 520 and associated hardware and software - $2,735.00/month
Mr. Repp explained the City’s three year IBM lease on the existing AS 400 will expire in September and presented figures on the projected maintenance costs for the current equipment. He said the City would save $44, 860.00 in the first three years by leasing the new equipment rather than maintaining the old equipment. He stated that with a Fair Market Lease, the City would not own the equipment at the end of the lease, but the company would provide a cost for disposal or buy-back.
Item No. 8 – Authorizing an amendment of the Table of Organization regarding the Department of Public Works.
Mr. Repp explained that this Order would authorize a change in the Table of Organization to create a Utilities Division, a Maintenance Division and an Engineering Division, each to be overseen by assistant directors. The Utilities Division would be overseen by Fred Street, the current Director of Utilities; John DiFonzo would continue to oversee the Engineering Division; and a new assistant director would be appointed to oversee the Maintenance Division. Mr. Repp outlined the current as well as near term operations that that the new division would assume. He said there would be a net zero change as far as personnel as it would involve an internal shift of man power, and as the position was currently filled with an acting position, he would make a full-time appointment some time in the near future.
Linda Golden questioned the salary range and Mr. Repp indicated that there would probably be an increase in the current salary to whomever assumes the position and was expected to fall somewhere in the Grade 15 – 17 level. Ms. Golden questioned the salary ranges of current directors in relation to this position and Mr. Repp clarified the issue.
Councilman Rephann asked what the savings to the organization would be and Mr. Repp said the savings would be seen through the realization of a more efficient operation, not necessary through personnel costs. He said he expected to see real dollar savings in the City’s operating costs on an annual basis being reduced through the efficient operations of maintenance.
Councilman Hendershot raised the issue of major corridor maintenance, and Kevin Hagerich, Director of Public Works, said that the City has not really had a plan to address areas such as Braddock Road and Greene Street and felt that needed to be built into the public plan each year.
Item No. 9 – Authorizing the execution of an employment agreement with Nate Emory for the position of Acting City Engineer.
Councilman Rephann asked why the term of the contract did not end until July 2006, and Mr. Repp said that since there was no definitive time as to when John DiFonzo would be back from medical leave, he wanted to ensure that that contract did not have to be drawn up again any time soon. It was also noted that the contract for Mr. Emory was on a per hour basis.
Item No. 10 – Authorizing acceptance of the 2004 Financial and Single Audit Report.
Mr. Repp noted that the Audit Report had been posted on the City’s webpage for access by the public.
Item No. 11 – Granting Historic District Tax Credit to Neeli and Stan Lambert for property located at 522 Washington Street.
Mr. Repp explained that this Order authorized a tax credit in the amount of $33,085 to be used over the next 5 years, and an assessment freeze at its pre-development value for 10 years, based on the value of the improvements to the building. The estimated total eligible project cost was $330,000, but the owners have put over $500,000 into the renovation of the building.
D. Letters:
Mr. Repp reviewed several letters that were to be presented:
1. Resolution from Zoning Commission recommending zoning changes – covered in previous exhibits.
2. Petition for Development & Responsibilities Agreement from the Young Family LLC, West, II
Mr. Repp explained that this pertained to the project currently being done by George Young. He said upon Council’s receipt of the petition, there would be a public hearing scheduled for September 20, 2005. After the public hearing, the Council would then be in a position to negotiate an agreement with the Young family, if they choose to do so. If an agreement were to be reached, the issue would then be brought before the planning commission for their concurrence that it is consistent with the Comprehensive Plan, then proceeds to formal action by the Mayor and Council.
Councilman Rephann was advised that construction had begun on the lots and the first house was approximately 30% complete. Councilman Rephann asked if that was the case, why the City would need to participate at all. Mr. Repp advised that would be the question put before Council for their consideration, and that there was no restriction as to when during the process an application could be submitted.
Linda Golden asked if the petition would be published and Mr. Repp advised that although it was subject to public information, the ordinance required that a fair summary of the petition be included in the advertisement in the newspaper.
3. Notification from the State that the Rolling Mill Historic District will be considered for nomination to the National Register of Historic Places.
Mr. Repp said the letter advised of a public hearing scheduled for September 20 at 10:00 a.m. in Annapolis for the application that the City has submitted for consideration. Kathy McKenney would attend on behalf of the City. He said the designated area incorporated primarily the Maryland Avenue area, the Rolling Mill area, some of the side streets above Maryland Avenue, and covered commercial areas as well as residential within that district. He said it was important to note that the intent of this action was not to create a local historic district, but rather a state and national one. He said in this way an applicant could seek funding from the state and federal government for renovation of their project, if it has been deemed eligible by the local Historic Commission.
Terry Socha asked if the properties would be eligible for city tax credit. Mr. Repp advised that they could make application and receive city tax credits if it was an eligible property. This was not, however, a city historic district, but rather a federal and state district. Each application would be assessed on a case by case basis.
Councilman Hendershot inquired as to whether the Chapel Hill group was going through the process and was advised that they could ask to be considered, but as they were not in the district, they would not be automatically considered.
II. Draft Charter Amendment – Administrative Appeals Board
Mr. Repp advised that staff is proposing an Administrative Appeals Board be created to assume the functions of the Civil Service Commission, the Ethics Commission and the Board of Election Supervisors. With regard to the Civil Service Commission, Mr. Repp explained that between the collective bargaining agreements and the adoption of the City Administrator form of government, many of the functions of the Civil Service Commission have been absorbed by other entities. Likewise, when the City merged with the County on elections, almost all of the functions of the Board of Election Supervisors were absorbed by the County because state law governs the county process. Mr. Repp noted that the Ethics Commission was essentially a review board and had possibly met only once since he had come to the city.
Mr. Repp said it had become difficult to find individuals willing to serve on these board as they do not meet regularly, if at all, and the creation of the new board would reduce the number of appointments the Council would have to make. The draft amendment stipulated that the new Board would consist of three members who would serve without compensation for a three year period of time. The three commissions would cease to operate and their duties would be absorbed by the Administrative Appeals Board.
Councilman Elliott suggested the membership be raised to five to provide more coverage and diversity. After some discussion it was agreed to go with a five-member board, and Mr. Repp said the draft amendment would be modified to reflect that change.
Mr. Repp said the charter amendment process would take 45 days to complete and that a letter had been sent to all the current members of these boards to advise them of the City’s intent and request them to submit a letter of interest if they would like to continue to serve. He also said the City would advertise as well for new applicants, and residency would be the only requirement of the members. Councilman Elliott concurred that as the present boards did not have particular requirements, it should not be required of the new board.
III. Evaluation of CSO’s in Evitts Creek Drainage Basin
- Whitman Requardt & Associates Report
Mr. Repp stated this report represented a study of the Evitts Creek basin and recommended improvements to be initiated over the next 20 years. He gave a history of the CSO long-term control plan and an overview of how the City has coordinated work with the Park Service and the Army Corp of Engineers during the progression of the CSO project.
Mr. Repp said the SCADA system has allowed the City to put monitoring devices at all of the still-functioning outflows to monitor storm events and determine exactly what the overflows are. The collection of this data will allow the City to gather the historical data needed to determine what size the containment tanks should be, which should assist in securing approval by MDE and EPA for the long term control plan.
Mr. Repp gave a project summary and showed a map of the project area which indicated current flows. He said it has been determined that the pumps are not able to push enough water towards the plant because of the increase in flows coming through. The proposal therefore is to upgrade the size of the pipes as well as the pump station.
Councilman Hendershot asked if the plan would take Donahoe Ballfield and Mr. Repp advised that it would not, that the underground storage tank would probably be near the police firing range.
Mr. Repp said Phase I is expected to total $4.5 million and he detailed where funding for the project would come from. He said this project has not yet been approved by Council, but it has been known that the evaluation of this basin would have to be included in the long-term control plan. With this information, the City is in a position to move forward to take advantage of the two grants that have been identified and complete the first phase of this two phase project. He outlined the projected project schedule, saying that tentative Phase I construction could begin in June, 2006.
Councilman Rephann asked if the plan had been included in the Capital Improvement Plan, and Mr. Repp stated that it had been included as it was not a new problem to staff. Mr. Repp felt the City needed to be realistic, acknowledge the problem, and take advantage of federal and state funding when it presented itself, otherwise the users of the sewer system would be the ultimate recipients of the costs.
Mayor Fiedler said this issue involved overflows in a five-state area and entailed more work than there was money for, therefore those who got in within the first five years would be better off as far as receiving funding.
Mr. Repp said his recommendation would be to proceed towards the engineering phase of this work to get the project moving. It was noted that the hospital system would be moving into the area handled by the Evitts Creek basin, and that any future growth on east side of Cumberland would flow into this basin.
Mr. Repp recommended that the Governor be made aware that the City is currently working on a CSO project and is moving forward with it, with the suggestion that any commitment from the State in advance, for the next fiscal year, would help in the City’s planning phase. He also suggested that the Western MD Delegation be brought up to speed on the CSO issue.
V. Executive Session:
Mr. Repp requested an Executive Session to discuss real estate matters. Councilman Elliott made a motion to go into executive session. The motion was seconded by Councilman Hedrick and unanimously agreed to.
VI. Adjournment:
With no further discussion, the meeting adjourned at 7:23 P.M.
Respectfully submitted,
Marjorie Eirich
Acting City Clerk