Mayor and City Council
City Hall Conference Room
Tuesday, April 17, 2007
6:15 P.M.
Present – Mayor Lee N. Fiedler, and Council Members Edward C. Hedrick, Jr., Harold L. Hendershot, Jr., and Terance J. Rephann.
Absent – Councilman Floyd “Pete” Elliott
Also Present – Jeffrey E. Repp, City Administrator; William Herbaugh, Fire Chief; Kevin Ogle, Deputy Police Chief; Jay Oliver, Community Development Manager; Lee Borror, Community Development Specialist; Margie Eirich, Economic Development Coordinator; Pam Cover, Executive Associate; Michael Cohen, City Solicitor; and Sharon S. Clark, City Clerk.
I. Public Meeting Agenda Review – Jeff Repp, City Administrator
The meeting agenda was reviewed as follows:
Presentation – Mr. Paul Eriksson, Natural Resource Technician, is presenting to the Mayor and Council the
Public Hearing – For the presentation of the 2007 CDBG Proposed Projects and Draft Plan.
Mr. Repp informed the Council public comment would be received for a period of thirty days after tonight’s public hearing after which the projects would come back to the Mayor and Council for adoption.
Ordinance – Providing tax credits in connection with significant improvements to or restoration and rehabilitation to and new construction of properties located in the
Mr. Repp reviewed the area established as the VAATR District and explained the credits that would be available to this area.
Upon question from Councilman Hendershot Mr. Repp explained the area for this district as opposed to the Chapel Hill National Register District (historic tax credit program), which is inside the VAAR District (former STAR district), and the credit requirement procedures of the two districts. He explained that combining the districts would be an administrative nightmare as it would be such a large district; but advised the Mayor and City Council could expand the Historic District at some time if they so desired.
Mayor Fiedler asked if the value of a project would be established at a pre-demolition value. Mr. Repp replied that it would be.
Mr. Repp advised that he and Ms. Eirich had met with the County and they will take into consideration adoption of this piggybacking on our program.
Mr. Repp then reviewed upcoming projects for the revitalization of Virginia Avenue and advised they have been working with the County to take the benefits existing downtown involving retail and extending them into the VAAR district providing an additional tool for economic development to encourage development in the District.
Mr. Repp and Mr. Rhodes reviewed projects totaling $695,500 for the area which included the
Ms. Eirich explained that as part of Economic Development, Ms. Terri Bennett will be dedicating 20 hours a week to the Virginia Avenue area setting up an office and being the City’s anchor in that area. They plan to begin to develop the area using the Main Street Maryland approach. Ms. Eirich said they also plan to develop a commercial property inventory and create marketing material to assist with the promotion of the commercial area. She reviewed incentive programs available.
Mr. Rhodes advised the City has been asked by the Maryland Municipal League to make a presentation concerning our downtown program.
The consent agenda was reviewed as follows:
1. Authorizing the execution of an application for Fiscal Year 2008 Community Mediation Performance Grand Funding - $20,000.00
2. 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
3. Accepting the proposal of Whitman, Requardt & Associates, LLP for the North Mechanic Street CSO Flow Monitoring Services - $47,759.00
Mr. Repp reviewed that the City’s Sanitary District Agreement with LaVale expired in 2005 and they were put on notice that they were on a month-to-month basis until we had our long-term control plan and CSO plan in place. With a number of other sanitary district agreements in place that will expire over the next couple years, the firm of Funk & Bolton was retained to draft a new agreement. He explained the agreement with LaVale will require a maximum not to exceed flow amount be included to comply with the CSO court decree. He said it would be a contentious issue since they want to send as much as they can to us and we will only be able to accept as much as we can without violating our requirements with CSO making this an issue with future growth of LaVale/Braddock areas.
Mr. Repp advised this was a sole source proposal with Whitman Requardt & Associated due to their previous work in preparation of the City’s Long Term Control Plan. He explained Funk & Bolton will be the attorneys drafting the agreement with Whitman Requardt will provide engineering services providing the numbers to be in the agreement.
Upon question from the Mayor, Mr. Repp advised the monitoring would take two plus months.
Councilman Hendershot questioned the amount of wastewater produced vs. the amount of wastewater treated. Mr. Repp advised this is due to our servicing other areas in addition to run off. Mr. Repp advised the plant is registered for fifteen million gallons per day and we are able to take flows up to 35 million gallons per day on periodic basis before having to bypass the plant. He added in the dry months we average 11-12 and 15 during peak flows. Plans are to be able to eliminate outflows with storage at the plant for peak flows.
Proclamations - “Community Forestry and Shade Tree” – April 2007
“Let’s Beautify
II. Proposed Memorandum of Understanding/Memorial Hospital:
Mr. Repp presented a copy of the most recent draft of the Memorandum of Understanding with the Memorial Hospital highlighting major issues including Sections 3 (Termination of Memorial Lease/Quit Claim of Fixtures), 6 (Agreement to Lease), and 7 (Restrictive Covenant) of the Agreement. He asked for questions or comments. Councilman Hendershot asked if this Agreement had the blessings of Mr. Cohen. Mr. Cohen advised it did.
Mr. James Combs asked how this affects Veterans if they want to put a clinic in the building. Mr. Paye, attorney for the Health System, said it was not their plans to prevent a veteran’s clinic or convalescent home; however, a veteran’s hospital could be a potential problem. Mr. Combs suggested that language be put in the document. Mr. Cohen advised that the agreement specifies a nursing or convalescent home is not prohibited. Mr. Combs questioned that the agreement did not specify clinics, to which Mr. Cohen agreed. There was discussion of prohibited uses of the building.
Mr. Herbert Broll asked if the deed had been changed, with the property presently being owned by the citizens for the sole use of a full service public hospital. Mr. Paye advised the deed is in the name of the Mayor and City Council of Cumberland with no restrictive language to his knowledge. He added the language referred to by Mr. Broll was in the lease agreement between the City and the hospital corporation. He further explained it ceased to be a City hospital in 1982 and was leased under a long-term lease to what was Memorial Hospital Corporation, now the Western Maryland Health System. The purpose of this agreement is to terminate the lease thirty (30) days after the new hospital opens.
Upon further question from Mr. Broll, Councilman Hendershot explained they are voiding the old lease because they are supporting the new hospital which they believe will better serve the citizens. Mr. Broll asked why the hospital is dictating to the City future uses of the building. Councilman Hendershot replied they are not dictating the agreement, but rather they are entering into it together. Mr. Broll asked why they are allowing the restrictions. Mr. Robert Paye explained this is two sided and they are working together to benefit the City of
Mr. Broll asked if this would improve emergency room services. Mr. Paye responded that the City is very fortunate to have two 24/7 emergency units in the area and one very good one at the new facility in the future. He said this is helping them to have a facility with a 24/7 emergency center, a trauma center, a cancer treatment center, cardiac center in our area; which is rare for a community of our size. He added the new project is our best chance at having that in the future. Mr. Dowdell, Health System Chief Operations Officer, said they would have the efficiency of having all the medical services and resources in one facility, where now with services on two campuses some physicians don’t participate on both campuses. Therefore, they do anticipate that it will be more efficient, and are asking for an orderly transition and not to use existing facilities providing services that will undermine the financial viability of the new state of the art complex.
Mr. Combs asked for consideration of language being put in the Agreement concerning use of the facility for veterans. Mr. Cohen asked Mr. Paye to discuss that with his people to provide language in the agreement addressing that issue. It was agreed.
Mr. Repp advised they would like to have the Agreement in place prior to the solicitation for re-use study for the hospital so the consultants will have it.
III. 2007-2008 CDBG Program -
With handouts being provided showing the recommended 2007-2008 CDBG projects, Mr. Repp asked if the Mayor and Council had any questions. He advised at this point these were staff recommendations and, with a majority of Council in agreement, changes could be made to the recommendations.
Councilman Rephann said he had questions regarding specific allocations. He questioned the $150,000 allocation for public roads projects expressing that his hopes were for at least $200,000 with their priority for the next year being street improvements. Mr. Repp advised the reason for the decline is that a lot of streets that were eligible have been completed, noting the requirement for 51% of the residents needing to be of low to moderate income. He also noted that there were funds in the amount of $670,000 set aside with a portion of it dedicated for in-house paving. He explained the $140,000 allocation is intended to pay for the portion of the assessment to low and moderate income individuals for improvements in the 2007 calendar year. Mr. Rephann questioned funding eligibility through CDBG for
Councilman Hendershot commented that the budgets, proposals, and bond funds are all linked together and there is a need for more meetings to see how everything falls in place. Mr. Repp said it is possible to do a contingency budget specifying projects, but holding them until they see where the street project ends up.
Mayor Fiedler commented that historically they have paved whole streets with the funds and are not going to be able to continue that, as there are not enough monies.
Mr. Repp advised tonight is the public hearing, with no voting. He added there would be a handout provided with a description of all projects with time for written comment prior to coming back to Council for a vote. He briefly reviewed the allocation categories noting there was 1.2 million dollars in funding requests with 1.024 million available for allocation and 4.3 million in matching funds being used by organizations, with the largest being 3.4 million for the HRDC facility.
Mr. Oliver reviewed as follows:
a. The infrastructure concerning city roads hasn’t been defined as to how it will be done at this time
b. The facility relocation is an obligation for seven years
c. The accessibility sidewalk project is primarily for
d. The YMCA project was questioned and is up to the Council to decide
e. The
f. The Shade Tree program is higher than normal, but is a match for a grant received
g. The Community Betterment Landscape/Cleanup was a community betterment request received.
He noted the only project questioned was the YMCA. There was discussion concerning this project and its importance. Ms. Borror noted the indoor playground is part of the programming used for healthy activities and would be available for neighborhood use. Mr. Broll questioned whether or not you would have to be a member of the YMCA to participate and Councilman Rephann advised they would have to join the program which is based on income level.
Mr. Oliver commented they were trying to support having a half time person on
IV. City of
Mr. Repp briefly reviewed the policy and testing criteria, including the consequences of the results of the testing, for: pre-employment, post-accident, random, reasonable suspicion, return to duty, and follow-up testing; some of which is already being done.
Mr. Repp advised that all bargaining units have been provided a copy of the policy for comments by the end of the month. He also asked council members to bring their comments to him prior to that time and, after review of the comments he would bring a final draft to council for review prior to adoption.
Councilman Hendershot questioned the new policy not including wording for an Employee Assistance Program (EAP). Mr. Repp said that was probably an oversight and that language would be included in the final draft.
V. Administrative Session -
Mr. Repp requested an Administrative Session to discuss real estate matters and to consult with legal counsel. Councilman Hendershot made a motion to go into Administrative Session. The motion was seconded by Councilman Hedrick and unanimously accepted.
VI. Adjournment –
With no further business to be discussed, and the meeting adjourned at 7:13 p.m. Mr. Repp requested the attendance of Mr. Oliver and Mr. Rhodes in the session.
Respectfully submitted,
Sharon S. Clark
City Clerk