Council Minutes
Tuesday, April 17, 2007
The Mayor and City Council of
Invocation – Councilman Harold Hendershot
A moment of silence was observed to pay tribute to the men and women who lost their lives in the tragedy at Virginia Tech yesterday. The invocation was delivered by Councilman Hendershot.
Pledge of Allegiance to the flag of the United States
Call of Roll:
Present: Mayor Fiedler, Councilmen Hedrick, Hendershot, and Rephann.
Absent: Councilman Elliott was absent due to illness.
Department Heads and/or Officials Present: Jeffrey E. Repp, City
Minutes –
Motion was made by Councilman Hendershot, seconded by Councilman Hedrick, and unanimously agreed to adopt the minutes of the Regular Session of April 3, 2007, and the Work Session of March 6, 2007.
Reports –
(A) Routine Reports:
Councilman Hendershot made a motion to adopt the routine reports submitted. Councilman Hedrick seconded the motion, and the following reports were unanimously adopted:
1. Personnel Activity Report submitted by April Howser, Human Resources Officer, for the period March 18 through April 14, 2007
2. Police Department Monthly Report submitted by Chief Hinnant for the month of March 2007
3. Utility Activities Report submitted for the month of March 2007
(B) Presentation – Paul Eriksson
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Mr. Paul Eriksson presented this award to the Mayor and City Council on behalf of the Tree City USA Foundation. He explained this is a nationally recognized program that honors communities who care and encourage tree care and planting as that is a valuable green infrastructure to cities that make modern cities livable.
Presentation and Disposition of Letters, Petitions, Applications, Proclamations, etc:
Proclamations-
1. Mayor Fiedler introduced the Community Forestry and Shade Tree Proclamation. Councilman Hendershot made a motion to adopt the proclamation. The motion was seconded by Councilman Hedrick and the proclamation was unanimously adopted declaring the month of April 2007 as “Community Forestry and Shade Tree” month.
Mr. Paul Yockus, Shade Tree Commission Chairman, and Mr. Paul Eriksson, Natural Resource Technician, jointly accepted the proclamation. He explained some of the Shade Tree Commission projects throughout the City thanking the City for their support. He also announced that observation of Arbor Day will be May 26th at
Mr. Yockus advised the Mayor and Council that Allegany and Garrett are the only two counties in the State where if a contractor removes a tree he doesn’t have to replace it. He asked for support for adopting an ordinance to address this issue.
2. Mayor Fiedler introduced the Let’s Beautify Cumberland! Month” proclamation.
The proclamation was presented to and accepted to Mr. Paul Yockus. Members of the Lets Beautify Cumberland Committee who were present introduced themselves. The Committee members thanked the Mayor and Council. Mr. Yockus announced that May 12th is Let’s Beautify Cumberland Day.
The Regular Session was adjourned at 7:45 P.M. to conduct the following public Hearing:
Public Hearing – 2007 CDBG Proposed Projects/Draft Plan
Mr. Jay Oliver, Community Development Manager, opened the hearing for the purpose of presenting the recommended activities to undertake over the next year. He announced that public comments concerning the recommendations would be received in writing for the next thirty days with the comment period ending May 17, 2007. Handouts were provided. Mr. Oliver reviewed the criteria for eligibility of project funding. Funding available this year is One Million Twenty-Four Thousand Eight Hundred Eight Dollars ($1,024,808) with total requests made in excess of Three Million Dollars ($3,000,000), and Community Betterment requests in the amount of Nine Hundred Thirteen Thousand Dollars ($913,000). Mr. Oliver reviewed the action plan process.
Ms. Lee Borror, Community Development Specialist, reviewed the recommended projects and the funding amounts being recommended for each noting the recommendations are a draft and will be reviewed by the Mayor and City Council. Ms. Borror again announced they would also be receiving written public comments between now and May 17, 2007.
Mr. Herbert Broll questioned funding not being recommended for the Greenway Avenue Stadium project. Mr. Oliver explained the project was not recommended for funding as they were did not present a strong enough case that the project would primarily benefit low and moderate citizens of
Mr. Herbert Broll inquired about the recommended funding for placement in North End of the security cameras. Ms. Borror advised the Police Department made recommendation for placements at the Centre Street Playground area,
Ms. Terri Socha asked how the cameras were going to interact with police action. Mr. Oliver explained the decision did take into account police manpower, as foot patrol is very expensive. He said they were looking at this as being a way to spread manpower around and that this would provide twenty-four hour a day observation. Deputy Chief Ogle elaborated on the area of
With no further comments, the Public Hearing was adjourned and the Regular Session reconvened at 8:01 P.M.
Ordinances and Charter Amendment Resolutions:
Ordinance:
Ordinance No. 3580 Providing tax credits in connection with significant improvements to or restoration and rehabilitation to and new construction of properties located in the
Ordinance No. 3580 was read in Title Only for its second reading. Councilman Hendershot made a motion to adopt the second reading after comment. Councilman Hedrick seconded the motion.
Mr. Repp explained this ordinance was the result of the adoption of the strategic plan in 2006 leading to the revitalization of the Virginia Avenue Corridor part of which was to expand the tax credit program used in the downtown and other areas to the Virginia Avenue area providing the ability for residential and commercial tax credits under the approved criteria.
There were no other comments to be heard, and the second reading was unanimously accepted.
Ordinance No. 3580 was read in Title Only for its third reading and unanimously adopted.
Councilman Hendershot asked Mr. Repp to review efforts being for revitalization of
Orders (Consent Agenda):
With no requests being made to address any items individually, Councilman Rephann made a motion to adopt the consent agenda. Councilman Hedrick seconded the motion and the following items were unanimously adopted:
Order No. 24,545 Authorizing the execution of an application for Fiscal Year 2008 Community Mediation Performance Grant funding - $20,000.00
Order No. 24,546 Authorizing the execution of an Employment Agreement between the Mayor and City Council and Terri L. Bennett for the services of Economic Development Specialist – April 1, 2007 – March 30, 2008
Order No. 24,547 Accepting the proposal of Whitman, Requardt & Associates, LLP for the North Mechanic Street CSO Flow Monitoring Services - $47,795.00
Requests to Be Heard:
Mr. Herbert Broll, Pennsylvania Avenue, Cumberland, inquired if in the past the City paid the County an amount towards economic development and if this was still the practice. Mr. Rephann explained the County pays 20% towards the City’s Economic Development Coordinator and she spends a portion of her time at the County. He advised the position adopted in Order No. 24,546 relies substantially on grant funding. Mayor Fiedler advised this is a renewal of this employee’s contract.
Mr. Herbert Broll requested consideration for assistance from the City for funding of the Greenway Avenue Stadium project.
Mr. Herbert Broll inquired about special assessment being used as a method of funding street improvements. Mr. Repp explained that at the last work session there was a presentation given for a proposed plan on how to pay for the street improvement program based on the Pavement Management Study performed by Stantec earlier in the year. He explained for Mr. Broll what a special assessment is. Mayor Fiedler further explained various funding methods were being considered and that Mr. Repp was asked to look at several different methods of funding and make a presentation to Council for recommended funding of the project. He elaborated that various funding methods discussed were for using bond funds, budgeted funds, increased tax rate, special assessments, and CDBG funds.
Mr. James Combs, Winifred Road, Cumberland, questioned a report that the audit was delivered one (1) day ahead of schedule. Mr. Repp advised all audits were due last year on January 31st as specified by the Department of Legislative Services. Mr. Repp further stated the City had requested an extension, but did not need to because all audit due dates were moved to January 31st.
Mr. Combs asked the definition of financing proceeds. Mr. Repp explained if lease purchase funding is used to purchase equipment during the fiscal year it is considered financing proceeds and is a revenue coming in and expenditure going out and you fund for the debt service in that fiscal year. Upon question from Mr. Combs, he further explained GASBE requires that if you borrow monies for buying equipment in a fiscal year you show that amount as an expense going out in that fiscal year and you have to budget for the debt service on that amount of equipment purchased.
Mr. Combs questioned the two recent bond sales asking what the funds were to be used for. Mr. Repp explained the Four and One-Half Million Dollar ($4,500,000) bond issue was for a series of specified approved capital improvement projects including the George Street Parking Garage. He added the Seven Million Three Hundred Thousand ($7,300,000) bond issue was for the refunding of the 1997 and 1998 bond issues issued by the Mayor and City Council for a savings of approximately Two Hundred Thirty Thousand Dollars ($230,000). Mr. Combs asked if left over monies, if any, would be transferred to the General Fund to make sure they’re in the black. Mr. Repp responded that they would not.
Ms. Terri Socha, Bedford Street, Cumberland, inquired about the Eighty-Eight Thousand Dollars ($88,000) in advertising due the City from donation of the land for the Cornerstone Housing Project. Councilman Rephann explained that amount of advertising is due the City at the conclusion of the project, and if not provided the City would be compensated. Mayor Fiedler advised the advertising is of their project in which they are to talk about the City. He further stated they quit advertising due to refinancing of the project, but are now starting back with their sales contract.
Ms. Socha suggested the City take a pro-active approach to leadership in terms of encouraging businesses and agencies in the community to put together available position for hiring kids during the summer months.
Mr. Repp advised Ms. Socha her five minute time period was up.
Ms. Deloris Brooks, First Street, Cumberland, thanked the Mayor and Council for supporting the Chapel Hill Neighborhood group.
Adjournment –
With no further requests to be heard, the meeting adjourned at 8:23 P.M.