WORK SE
MAYOR AND CITY COUNCIL
CITY HALL CONFERENCE ROOM
Tuesday, December 13, 2005
6:15 P.M.
Present: Mayor Lee N. Fiedler, Council Members Edward C. Hedrick, Jr., Harold L. Hendershot, Jr., and Terance J. Rephann.
Absent: Councilman Floyd “Pete” Elliott; H. Jack Price, City Solicitor
Also Present: Jeffrey E. Repp, City Administrator; Kevin Hagerich, Director of Public Works; Jeffrey Rhodes, Director of Administrative Services; Kathy McKenney, Historic Planner; Raquel Ketterman, Community Development Specialist; and Sharon S. Clark, City Clerk.
I. Virginia Avenue Redevelopment Plan – Mr. Chris Geottge, The Faux Group
Mr. Repp introduced Mr. Chris Geottge of the Faux Group who gave a presentation of the Virginia Avenue Corridor Redevelopment Plan prepared by the Faux Group. He reviewed both the short term and long term goals identified in the plan developed jointly by the Faux Group and the Steering Committee. He stressed the importance, as noted in the Plan, for the Mayor and City Council to become the primary promoters, facilitators and implementers of change and the need for the appointment of an advisory committee.
After the presentation, Mr. Geottge asked for specific questions concerning the Plan previously distributed to the Mayor and Council.
Mr. Repp stated the purpose of the presentation is to present an opportunity for the Mayor and Council to ask questions or make comments and that the Plan will be on the agenda for public comment prior to adoption of the plan. Mr. Geottge stated comments or questions from Council could also be given to him via e-mail through Kathy McKenney, Historic Planner.
Upon question from Councilman Hendershot there was some discussion concerning parking needs and requirements in the corridor.
Ms. McKenney stated the study will be posted on the City’s web site with a notice for receipt of public comment through January 9th.
Councilman Rephann noted the public participation in meetings and good response through surveys.
Mr. Geottge also pointed out the importance of consideration of traffic and pedestrian conflicts in the redevelopment as well as addressing blight problems.
Mr. Repp stated the course of action would be to keep the period of time open for public comment through January 9th, incorporate those comments with comments received at the public meeting January 10th after which public comment will be closed and a comprehensive list prepared and given to the Faux Group after which Council will proceed with the adoption of the plan.
Mr. Michael Mudge commented that the response to public surveys in excess of 35% displayed the interest of the residents in the area for redevelopment of it.
II. CDBG 2006 Process – Ms. Raquel Ketterman, Community Development Specialist
Ms. Ketterman advised they expect to receive approximately One Million Dollars ($1,000,000) in CDBG monies this year and Project solicitation will be taken during the months of January and February. She stated a change in the Community Betterment requests will be that they will be accepted as joint applications from community groups through the Neighborhood Advisory Commission this year who will assist staff to prioritize and focus where dollars should be spent.
She addressed the question of a new group (other than the five groups involved in the Neighborhood Advisory Commission) being organized or if someone else submitting a project by stating that the five established groups recognize there are other areas that need community groups and if they would submit projects they would be taken to the Commission for assistance in prioritizing them. They will then enter into the regular process for solicitation of CDBG fund applications from non-profits and the City and present those to the Commission as well for help in prioritizing those projects as dollars become available.
Mayor Fiedler commented that he feels their plan is good, but expressed concern that groups not familiar with the Neighborhood Advisory program will feel they are being treated unfairly if their project is passed through the Committee prior to being presented to the Council. He asked for assurance that new projects will be submitted to the Mayor and Council prior to them being reviewed by the Commission. Ms. Ketterman agreed.
Upon question from Councilman Hendershot, Ms. Ketterman named the five neighborhood groups as follows: Chapel Hill West Neighborhood, Rolling Mill (CRIMA), South Cumberland Business and Civic Association, Upper West Side Coalition of Active Neighbors, and the Decatur Street Group. She then explained the area identified by CRIMA as the critical area. She also noted that when the maps are looked at from the housing survey done by the Faux Group several years ago and the ones identified by them as blight along that corridor, matching areas are identified by separate groups in another setting.
Councilman Hendershot asked if there was any discussion of the Baltimore Avenue corridor. Ms. Ketterman said she hadn’t heard a lot concerning that area. He then asked how much they anticipated going into the Betterment Program this year, to which Ms. Ketterman responded that in previous years it has been approximately $100,000 and that she didn’t see that changing much, especially with the Virginia Avenue plans.
III. Public Meeting Agenda Review - Jeffrey E. Repp, City Administrator
Mr. Repp reviewed the public meeting agenda as follows:
Ordinances:
1. Execution of a Lease Agreement with the State of Maryland Dept. of Labor, Licensing & Regulations for thirty (30) parking spaces in the George Street Garage
Mr. Repp requested that this ordinance be pulled from the agenda and/or modified to reflect a one-year lease for parking rates rather than the requested two-year lease since the City is looking at changing parking rates next summer. It was agreed to amend the ordinance to reflect one-year rates at $40.00 per space rather than making a two year commitment.
Ordinances (Cont’d.) -
2. Requiring removal of abandoned property from sidewalks and front yards
Mr. Repp briefly reviewed discussion from the previous meeting concerning this ordinance.
3. Closing of the southerly half of an alley connecting Nellie Street with Bedford Street in Election District No. 23
Routine alley closing.
4. Authorizing the Mayor and City Clerk to execute a deed conveying City-owned property known as Allegany Towers located on Glenn Street in the City to ALCO Towers, LLC - $56,720.00
Mr. Repp requested that this ordinance be pulled from the agenda to give time for questions to be answered by the City Solicitor asked by Mayor Fiedler. It was agreed.
Resolutions -
1. Certifying business entities located in the city limits for designation in the Gateway Enterprise Zone for the granting of Gateway Enterprise Zone credits.
Mr. Repp noted two companies have been removed from this list and two new ones have applied and been approved to receive the credit. He showed a map of the Enterprise Zone and noted that the City is unique in that it is one of the few joint City/County Enterprise Zone Boards who meet and review applications making recommendations to both the Mayor and Council and County Commissioners of a list of qualified corporations under this program.
Orders (Consent Agenda) – Twenty (20) items discussed as follows:
Item No. 1 Rescind Order No. 24,219 adopted July 12, 2004, and accept the proposal of The EADS Group to include additional work on the ARC Rolling Mill Access Project, Phase 4A in the amount of $129,573.60 – Total Project $188,027.66
Item No. 2 Rescind Order No. 24,160 adopted November 29, 2005, and adopting a Fee Schedule for the Bulk Item Program to be effective January 1, 2006
Item No. 3 Repealing the Regulations for Government of City Council as adopted by Order No. 21,597 January 5, 1993, and adopting Regulations for Government of City Council as attached to include a section for Voting
Mr. Repp explained that with questions being raised recently about how votes are recorded, he was recommending the Rules and Regulations of Council for conducting meetings be amended to add a section to address the issue. He reviewed the new section. It was agreed to adopt the amended Rules, but to change the wording to specifically state that anyone can abstain from the vote for any reason.
Item No. 4 Authorizing the Mayor and City Clerk to execute a Fourth Lease Amendment between the City and AT&T Corp. for lease of space in the Public Safety Building.
Item No. 5 Authorizing the City Administrator to execute Change Order No. 2, the Final Change Order, with IA Construction for the Rolling Mill Access Impv. Project, Phase 1, reducing the final cost of the Project – (Reduction of $26,010.89)
Item No. 6 Rescind Order No. 23,676 adopted May 21, 2002, modifying the contract with SPECS, Inc. to include additional work on the Engineering Design Phase of the Rolling Mill Access Road Project ($4,157.83) – Total Project $98,887.83
Item No. 7 Approving an amendment to the Employee Handbook adding a section addressing Poll Workers for Elections and adoption of the Employee Handbook
Item No. 8 Appointments to the Administrative Appeals Board (5 Members) and Historic Preservation Commission (2 Appointments)
Mr. Repp reviewed the appointments being made via this order. He noted the Administrative Appeals Board will meet and elect a chair, and that terms for this Board were determined through a draw.
Item No. 9 Accepting the proposal of Hazen and Sawyer for a Water Model Update and Ridgedale Reservoir Evaluation Project - $49,936.00
Mr. Repp noted staff is recommending Hazen and Sawyer for this project. He said this is the first time the City has dealt with this firm, but they have been dealing with Allegany and Garret counties and have submitted a very competitive and the most comprehensive proposal. He also noted that the water model will be such that it will handle the anticipated rule in two years from the EPA regarding modeling and quality.
Item No. 10 Authorizing the City Administrator to execute a Programmatic Agreement between the City and The Md. St. Historic Preservation Office and The Advisory Council on Historic Preservation for review of CDBG Projects
Item No. 11 Adopting a Schedule of Fees for the Fire Department Ambulance service effective January 1, 2006
Mr. Repp stated that medical inflation updates had been received by the company handling the City’s third party billing and this order reflects their recommended increase in fees. Upon question from Councilman Hendershot, Mr. Repp explained the mileage charge. He also noted the rates reflect the amount the City may charge based on Medicare/Medicaid.
Item No. 12 Authorizing the City Administrator to execute and submit an application to the Appalachian Regional Commission for FY 2006 Funding for the Rolling Mill Access Improvements Project, Phase 3 - $820,679.00
Mr. Repp reviewed that this order authorizes the submittal of the grant request to ARC, which the City will receive upon application. He noted this would probably be the last monies the City will receive from ARC for this project. He reviewed the three funding sources prioritized for this project totaling $1.6 Million Dollars. He did advise that there is no guarantee of the $125,075 portion expected for a one-time bond allocation from the General Assembly which should be kept in mind. He then reviewed the three phases of this project.
Ms. Ketterman reviewed the scope of work for streets for this project and the various stages of the project and the areas they cover.
Councilman Rephann asked what the plans were to finish Maryland Avenue. Mr. Repp noted there were no plans at this point. It was noted sidewalk work was being done on Maryland Avenue.
Ms. Ketterman advised that since we were the only one with a project ready to go this year, we were given the entire allocation for three counties, but as a result the City’s projects will be ranked very low over the next couple years.
Mr. Repp stated that if they proceed as planned with the adoption of a form of revenue source for road improvements, it would provide a source of revenue not currently available for projects such as Maryland Avenue dependent on the ranking of the project by the Pavement Management Study.
Item No. 13 Authorizing the Mayor to execute a Memorandum of Understanding for ARC Projects for the Rolling Mill Access Improvements Project, Phase 3
Item No. 14 Approval of the recommendation from the Community Development Department for the Rolling Mill Code Compliance Residential Forgivable Loans/Commercial Deferred Loan Program - $54,851.00
Ms. Ketterman explained this program and noted they have $125,000 for this program with applications to date being approved in a total amount of $54,851.00. She identified the approved residential projects and scope of work for each noting these were maximum loans of $10,000.00 each and were five year forgivable loans. No commercial applications were received. Three residential loans ($10,000.00) are still available and two commercial loans ($15,000.00 each). Upon question from Mayor Fiedler, Ms. Ketterman explained that the loans decrease by 20% each year and should the homeowner sell, refinance, etc. would have to be repaid; however, if the homeowner remained in the home for a period of five years the loan is forgiven.
Item No. 15 Accepting the proposal of Taylor Sports and Recreation for Playground Equipment at Mason Recreation and Jaycee Field - $111,743.00
Mr. Repp advised the City received four bids for this project and explained a dollar value was provided and companies were asked to provide the City their best proposal for the best use of the funds for the stated purposes. Staff’s recommendation is for Taylor Sports and Recreation to be awarded the project. Funding for the project was clarified and explained by Mr. Rhodes. The projects for the Jaycee and Mason areas were reviewed and discussed. Councilman Hendershot congratulated Councilman Rephann and the Community Development Staff on their efforts with the playgrounds and the safe/upgraded condition of them.
Item No. 16 Amending the Table of Organization for the Public Works Department – Maintenance Division
Mr. Repp reviewed the changes resulting from this amendment of the Table of Organization for the Maintenance Division of the Public Works Department (Assistant Street Superintendent’s position removed, Street Coordinator position added) giving reasoning for the changes and the responsibilities of the positions, including the Street Superintendent who will be spending a great deal of time on the Pavement Management System.
Councilman Rephann questioned this change creating one net position. Mr. Repp explained the organization chart did not change; however, the names changed. He further said a new body would not be hired to fill the coordinator position, rather it would a promotion within the existing Public Works Department and that position would not be filled. Councilman Rephann stated it would be good to see the whole chart showing the elimination of that position. Mr. Repp said they would see that when a person is hired and their position is eliminated. Mr. Repp again stated there would not be a net gain of employees in Public Works as a result of the changes.
Ms. Linda Golden questioned if there would be a net gain in salaries. Mr. Repp said there could potentially be a net gain or loss, depending who fills the position. Upon further question, Mayor Fiedler stated there could be an insignificant increase or decrease (several thousand dollars either way), but that the position would be filled with the best person for that job. Councilman Rephann added that they are trying to implement a technically more sophisticated system than has been in the past. Mr. Hagerich, Public Works Director, stated that the first person was not picked when he hired the last three managers, and the second or third person did not draw the same salary because they did not have the same experience. He further explained that until the person is picked to fill the position, they are working within a salary range. Ms. Golden said she is interested in knowing, as a taxpayer, how much this will cost the citizens vs. prior to these changes.
Item No. 17 Authorizing the Mayor to execute a Memorandum of Agreement for encroachment into the public right-of-way on S. Centre Street for constructing a canopy and bollards
Item No. 18 Authorizing the City Administrator to execute a CLG Educational Set-Aside Subgrant Program Application for educational activity - $750.00
Item No. 19 Authorizing the Mayor to execute an Agreement between the Mayor and City Council and the Housing Authority of the City of Cumberland for an Environmental Review Process related to HUD Assistance awarded to the Cumberland Housing Authority
Item No. 20 Authorizing the Mayor and City Clerk to execute an Agreement of Sale between the Mayor and City Council and Robert J. Love and Julie L. Krespan for property known as 508 Washington Street
Ms. Kathy McKenney reviewed the City obtained this property in June 2005 through eminent domain and advertised for Requests for Proposals; however, since no proposals were received within the time frame the period of time for receipt was extended until the end of October. Two proposals were received – 1 incomplete, and 1 in-depth proposal. She added that meetings were conducted with Mr. and Mrs. Robert Love and explained some aspects of their proposal. She further stated they plan to have the exterior rehabilitation completed by August of 2007 and interior rehabilitation completed by July 2009, and that there is a reversion clause in the agreement if deadlines are not met.
Upon question from Mr. Hedrick, Mr. Repp stated that tonight they would be authorizing the Agreement of Sale and that in the future they would be transferring the deed.
IV. Executive Session –
Mr. Repp requested to have an executive session. Due to time constraints, President Fiedler requested Mr. Repp schedule an Executive Session for a morning meeting in the near future. Mr. Repp agreed to schedule an Executive Session prior to the holidays.
V. Adjournment:
With no further discussion, the meeting adjourned at 7:26 P.M.
Respectfully submitted,
Sharon S. Clark
City Clerk