WORK SE
MAYOR AND CITY COUNCIL
CITY HALL CONFERENCE ROOM
Tuesday, January 10, 2006
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, City Solicitor; Kevin Hagerich, William Herbaugh, Fire Chief; and Sharon S. Clark, City Clerk.
I. Public Meeting Agenda Review – Mr. Jeffrey E. Repp, City Administrator
Ordinance - Repealing Ordinance No. 3537 and 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. Price reviewed that authorization was given to transfer Allegany Towers to Decatur Heights Development several months ago; however, since that time they have changed their name to ALCO Towers, LLC and have requested the property be transferred accordingly. He said this change has no affect on the reasons for the transfer of the property as previously agreed. He said we could transfer the property to Decatur Heights, and they could then transfer it to ALCO Towers.
Mayor Fiedler commented that he looked at Allegany Towers and it now has value of $175,000 and is a property for which the City is receiving taxes. He also noted their obligation to the City to spend $56,720.00 in that area has been met through improvements to the Diehl Building resulting in a value of $860,000 vs. the previous value of $150,000. He noted there have also been improvements made to a number of small properties in that area.
Mayor Fiedler further commented on the housing development on Decatur Street, with five houses on the tax rolls and another six in the process, which will result in eleven houses valued at approximately $150,000 each.
Councilman Elliott inquired about the progress on the housing project at the Cumberland Country Club, to which Mayor Fiedler commented there were eight houses under roof, which will be valued between $250,000 and $350,000 – with the City’s only costs being the water line. It was noted these houses would begin paying taxes upon completion.
Councilman Hendershot asked if, with the passage of this ordinance, the Allegany Towers property would be totally transferred and for verification that they had done everything required of them in the agreement the City has with them. Mr. Repp verified this would be the final action for transfer of the property and that all conditions of the agreement had been met.
Consent Agenda - Mr. Repp reviewed the Consent Agenda with discussion as follows:
Item No. 1 Authorizing J. Robert Dick, Chief of Police, to execute a grant agreement between the Cumberland Police Department and the Allegany County Health Department from the Maryland Highway Safety Office of the State Highway Administration for a Highway Safety DUI Overtime Grant - $3,250.00
Item No. 2 Reappointments to the Zoning Board of Appeals – 3 appointments
Item No. 3 Authorizing the Mayor and City Clerk to execute a Long-Term User Agreement between the City and Riverside BMX, LLC for use of land at Mason Sports Complex
Mr. Repp reviewed two changes in the agreement -
1. Installation of a fence to surround the BMX track – the fence will be offset by $5,000 donated by the BMX national organization. There is a cap at $16,859; and anything over that amount to be picked up by the BMX group. Mr. Repp advised there is an item on the consent agenda to approve the purchase and installation of the fence. Three proposals were received with the low proposal being recommended by staff.
2. A 3-Year Agreement
Councilman Rephann commented that BMX is contributing some 10 foot fence towards the project and has obtained a loan from NBL towards the cost of the fence. He added it is in the City’s interest to secure the area. Mayor Fiedler asked if the national group was going to co-sign. Councilman Rephann commented that they had recently reorganized with the NBL appointing their track director, who then appoints the officers. He asked if Councilman Rephann was secure with the group. Councilman Rephann stated that they are a stable organization. Upon question from Councilman Hendershot, Councilman Rephann advised their agreement requires them to have insurance coverage in the amount of $1,000,000. Mr. Price added that the City has a Certificate of Insurance since they have an interest in the property. Mr. Repp added this cost will be covered by the Bower Trust Fund which has sufficient funds to cover the cost.
Item No. 4 Authorizing the City Administrator to execute Change Order No. 1 to the current contract with Thomas Construction, LLC for the Industrial Boulevard Sidewalks Extension Project - $3,749.99
Mr. Repp commented this change order will complete this project and that it is 100% covered by the SHA grant funds.
Item No. 5 Accepting the proposal of Upright Fence Company for a chain link fence at the Mason Sports Complex, BMX track - $16,523.00
Item No. 6 Amending the Table of Organization for the Department of Administrative Services, Information Services Department
Mr. Repp included additional information in the packets to explain the recommendation of staff for this amendment to the table of organization for the MIS division of the Department of Administrative Services. He explained this position is currently filled by a contractual employee, with recommendation for him to fill this position. He asked for questions. Mayor Fiedler commented that as a result of this position being added, a Captain position in the police department will not be filled. Upon question from Councilman Rephann, Mr. Repp explained the duties and responsibilities this employee will have as well as the ongoing importance of MIS.
Councilman Rephann asked if there was a point person for the GIS system. Mr. Repp said there is not at this time. He also commented that the SCADA system will probably come on line prior to GIS and will require someone to monitor and deal with software glitches, etc. He stated the GIS system will probably come two years after that – and at this pointed it has not been determined whether MIS or someone else will oversee that element.
Item No. 7 Accept the proposal of Whitman Requardt and Associates for Engineering Services for the Evitts Creek CSO Upgrades - $376,967.00
Mr. Repp explained proposals for this project were received and reviewed by himself, Fred Streett, Nancy Hausrath, and John DiFonzo, and it was determined that the two lower proposals received did not have an understanding the scope of work necessary for the project. Recommendation is to accept the proposal of Whitman Requardt which was the most responsive lowest proposal received.
Mr. Repp reviewed funding for this project. He pointed out that over the first five years of the flush tax, funds can be spend up to $5,000,000 a year for CSO related projects, but that it is not known if that will be reauthorized after the five years. He said with this project being ready to go, the City is on the drawing board for next year for a second appropriation. Mr. Repp explained the project with the aid of a power point presentation.
Item No. 8 To Adopt the Virginia Avenue Corridor Redevelopment Plan prepared by The Faux Group, Inc.
This item was added to the agenda, as the Plan is due to ARC by January 16th. There were two responses to the request for comments.
II. Irrigation Water Tap Policy – Mr. Jeffrey E. Repp, City Administrator
Mr. Repp explained the proposed policy, as well as provided Council with written explanation of the reason for the proposal and the issues involved. He explained there are several separate taps throughout the City used exclusively for watering lawns, etc. where the water does not enter the sewer system, but there is no written policy to handle this situation. With requests being received periodically, staff is recommending establishing a policy where a separate tap would be installed and establishing the criteria where this would be acceptable. Sewer would not be charged on that tap. Mr. Repp said requests would be handled on a case-by-case basis after investigation by City staff. There was discussion of the fee for installation of the separate meter and Mr. Repp said it is being recommended this be handled the same as a tap for a house, paying the same fee ($1,560.00).
It was confirmed that you could not have a well in the City; however, that there is an individual currently who has enough land that the Health Department is considering giving him a permit for a well if the City doesn’t have a problem. This is for a nursery business and will be used to water the plants.
Mr. Rhodes inquired if this would only be in the case of a separate tap. Mr. Repp clarified this saying you could either have a separate tap or there is a way described in the policy where it can be done avoiding the cost; but the City would review to verify the line is separate.
III. Fire Department Centennial Funding Request – Mr. William G. Herbaugh, Fire Chief
Chief Herbaugh requested the Mayor and City Council to donate $6,000.00 to the Centennial Fund for the Fire Department. It was agreed to make the donation.
Chief Herbaugh thanked the Council and gave a brief review of the kick-off for the celebration.
IV. Property Donation – Fletcher Drive – Mr. Jeffrey E. Repp, City Administrator
Mr. Goss is offering the donation of property at the end of Fletcher Drive (at the end of Greene Street and I68). Current value of the property is approximately $1,000 assessed value, and the Upper West Side Group in interested in taking over the property. Mr. Repp said if Council didn’t have a problem with this he would precede in getting the paperwork ready. No objections were expressed.
V. Executive Session -
Mr. Repp requested an Executive Session for the purpose of discussing Real Estate, Personnel, and Legal issues. Councilman Hendershot made a motion to have an Executive Session. The motion was seconded by Councilman Elliott and unanimously agreed.
Mr. Repp requested Mr. Rhodes and Mr. Hagerich to stay for the executive session.
VI. Adjournment:
With no further discussion, the meeting adjourned at 6:45 p.m.
Respectfully submitted,
Sharon S. Clark
City Clerk