06-12-2007 Regular Minutes

Regular Session

Council Minutes

Tuesday, June 12, 2007

 

 

 

The Mayor and City Council of Cumberland, Maryland, met in Public Session on Tuesday, June 12, 2007, in the Council Chambers of City Hall.  Acting President Elliott called the meeting to order at 7:35 P.M.   

 

Invocation – Councilman Harold Hendershot

 

Pledge of Allegiance to the flag of the United States

 

 

 

Call of Roll:

 

Present:   Acting President Elliott; Councilmen Hedrick, Hendershot, and Rephann.

 

Department Heads and/or Officials Present:  Jeffrey E. Repp, City Administrator; Charles Hinnant, Police Chief; Michael Cohen, City Solicitor; and Sharon S. Clark, City Clerk

 

 

Minutes  

            Motion was made by Councilman Hendershot, seconded by Councilman Hedrick to adopt the minutes of the Regular Session of May 29, 2007.  The minutes were unanimously adopted.

Motion was made by Councilman Hendershot, seconded by Councilman Hedrick to adopt the minutes of the Work Session of May 15, 2007.  The minutes were unanimously adopted.

Motion was made by Councilman Hedrick that the Minutes of Administrative Sessions of the Mayor and City Council held Tuesday, May 1st and 15th  of  2007 be approved as written.

            I further move that the minutes of today’s meeting reflect that the Mayor and City Council met in Administrative Session on May 1st and 15th. 

Councilman Elliott made the motion to go into Administrative Session conducted May 1. The motion was seconded by Councilman Hendershot and adopted on a vote of 4 to 0 to discuss personnel issues and pending litigation in accordance with Section 10-508 (1) and (3) of the State Government Article of the Annotated Code of Maryland.  In attendance at the meeting were Mayor Fiedler, Councilmen Elliott, Hedrick, and Hendershot.  Also present were the City Administrator, City Solicitor, City Clerk, Chief of Police, Assistant Director of Engineering and Administrative Assistant to the Mayor and Council and Administrator.

Councilman Elliott made the motion to go into Administrative Session on May 15th, seconded by Councilman Hendershot and adopted on a vote of 5 to 0 to discuss personnel issues and real property in accordance with Section 10-508 (1) and (3) of the State Government Article of the Annotated Code of Maryland.   In attendance at the meeting were Mayor Fiedler, Councilmen Elliott, Hedrick, Hendershot, and Rephann.  Also present were the City Administrator, City Solicitor, City Clerk, and Administrative Assistant to the Mayor and Council and Administrator.

The motion was seconded by Councilman Hendershot and the minutes were unanimously adopted.

 

Presentation

            A Certificate of Recognition was presented to Richard Pfefferkorn, Executive Director of the Canal Place Preservation and Development Authority, in recognition of his years of service in that position and in congratulations on his retirement.  Mr. Pfefferkorn accepted the Certificate.

 

Unfinished Business

            Motion was made by Councilman Hendershot to bring the Ordinance No 3583 to the table.  The motion was seconded by Councilman Hedrick and unanimously adopted.

            Ordinance No. 3583 –Appropriations for the General Fund for Fiscal Year 2007-08 was presented in Title Only for its second reading.  Councilman Hendershot made a motion to accept the second reading and move to the third reading after comment.  Councilman Rephann seconded the motion.  Comments or questions were asked for.

            Mr. Frank Nethken asked that no wage increases be granted for a period of one year, stating it was time to control expenses.  He asked that the tax rate not go above the Constant Yield Tax Rate.

            With no further comments, the second reading was unanimously adopted.

            Ordinance No. 3583 was presented in Title Only for its third reading and unanimously adopted.

            Ordinance No. 3584 – Appropriations for Various Special Purpose Funds for Fiscal Year 2007-08 was presented in Title Only for its second reading.  Councilman Rephann made a motion to accept the second reading and move to the third reading after comment.  Councilman Hendershot seconded the motion.  There were no comments.  The motion was unanimously adopted.

            Ordinance No. 3584 was presented in Title Only for its third reading and unanimously adopted.

            Ordinance No. 3585 – Providing for rates for Refuse Collection was presented in Title Only for its second reading.  Councilman Rephann made a motion to accept the second reading and move to the third reading after comment.  Councilman Hedrick seconded the motion.  There were no comments received.  The motion was unanimously adopted.

            Ordinance No. 3585 was presented in Title Only for its third reading and unanimously adopted.

            Ordinance No. 3586 – Providing for the City Tax Levy for Fiscal Year 2007-08 was presented in Title Only for its second reading.  Councilman Rephann made a motion to accept the second reading and move to the third reading after comment.  Councilman Hedrick seconded the motion.  There were no comments.  The motion was unanimously adopted.

            Ordinance No. 3586 was presented in Title Only for its third reading and unanimously adopted.

            Ordinance No. 3587 – Appropriations for the Water Fund for Fiscal Year 2007-08 was presented in Title Only for its second reading.  Councilman Hendershot made a motion to accept the second reading and move to the third reading after comment.  Councilman Hedrick seconded the motion.  There were no comments.  The motion was unanimously adopted.

            Ordinance No. 3587 was presented in Title Only for its third reading and unanimously adopted.

            Ordinance No. 3588 – Providing for a schedule of Water Rates was presented in Title Only for its second reading.  Councilman Rephann made a motion to accept the second reading and move to the third reading after comment.  Councilman Hedrick seconded the motion.  There were no comments.  The motion was unanimously adopted.

            Ordinance No. 3588 was presented in Title Only for its third reading and unanimously adopted.

            Ordinance No. 3589 -  Appropriations for the Sewerage Fund for Fiscal Year 2007-08 was presented in Title Only for its second reading.  Councilman Hendershot made a motion to accept the second reading and move to the third reading after comment.  Councilman Hedrick seconded the motion.  There were no comments.  The motion was unanimously adopted.

            Ordinance No. 3589 was presented in Title Only for its third reading and unanimously adopted.

            Ordinance No. 3590 – Providing for the Levy of TIF District in the Shades Lane Development District was presented in Title Only for its second reading.  Councilman Hendershot made a motion to accept the second reading and move to the third reading after comment.  Councilman Hedrick seconded the motion. 

Mr. Herbert Broll requested an explanation of the Special Tax Levy.  Mr. Repp explained the special levy tax is in the Shades Lane Development district and is $3.91 per $100.00 assessed value.  The special tax will provide the revenue necessary to pay for the TIF Bond issued for that project.  There were no further questions.   The motion was unanimously adopted.

            Ordinance No. 3590 was presented in Title Only for its third reading and unanimously adopted.

            Ordinance No. 3591 – Personnel was presented in Title Only for its second reading.  Councilman Hendershot made a motion to accept the second reading and move to the third reading after comment.  Councilman Hedrick seconded the motion.

            Mr. Frank Nethken asked for explanation of the ordinance.  Mr. Repp explained it establishes a COL increase for City employees.

            Ms. Terri Socha asked for the total cost for personnel, the low and high end of the salary scale, and the cost of benefits. She asked if the City had looked at what the median income for employees and how it compared to people who reside in the City.  Mr. Repp stated the COL for employees is an average of 3%.  She also inquired about the information being made available to the public in advance via the software purchased by the City.  Mr. Repp advised Ms. Socha the software had not yet been installed; however, all ordinances were posted on the City’s web site after the first reading at the last meeting and in hard copy in his office.   He asked Ms. Socha to submit questions in writing so he could provide the answers.

Councilman Rephann commented the City entered into a contract for a compensation study comparing City employees to their counterpart in the region which resulted in the findings that some employees were below average.  Mr. Repp advised the finding was that on the average City employees were 12% below the market in comparable positions.  Councilman Rephann commented, in response to Mr. Nethken’s comment regarding holding salaries, that training employees and not retaining them results in further costs and is financially irresponsible.  There were no further comments.   The motion was unanimously adopted.

            Ordinance No. 3591 was presented in Title Only for its third reading and unanimously adopted.

 

Reports

            The following Routine Reports were submitted:

 

1.    Personnel Activity Report submitted by April Howser, Human Resources Officer, for the period  May 27 – June 9, 2007

 

2.         Police Department monthly report submitted by Chief Hinnant for the month of May

           

Councilman Hendershot made a motion to adopt the reports.  Councilman Hedrick seconded the motion and the reports were unanimously adopted.

 

Ordinances and Charter Amendment Resolutions

            Ordinance No. 3593 - To provide for a Property Maintenance Code Habitual Offender Ordinance was introduced in Title Only.  Councilman Hendershot made a motion to adopt the first reading.  Councilman Hedrick seconded the motion and the first reading was unanimously accepted. 

Mr. Repp advised the Ordinance would be posted on the City’s web site and brought back for the second and third readings at the meeting on July 10, 2007.

            Ordinance No. 3592 – Authorizing the execution of a deed for conveying City surplus property located on Waverly Terrace to Gary and Vonnie Duckworth was introduced in Title Only.  Mr. Repp commented this ordinance is to correct a technical error in a previous ordinance to transfer this property.  Councilman Hendershot made a motion to accept the first reading and move to the second reading.  Councilman Hedrick seconded the motion and the first reading was unanimously accepted.

            Ordinance No. 3592 was presented in Title Only for its second reading.  Councilman Hendershot made a motion to accept the second reading and move to the third reading after comment.  Councilman Hedrick seconded the motion.  There were no comments.  The motion was unanimously accepted.

            Ordinance No. 3592 was presented for its third reading and unanimously adopted.

 

Resolutions

 

            A Resolution Resolving to continue the initiative to develop a new Spec Housing Program was introduced.  Councilman Hendershot made a motion to adopt the resolution.  The motion was seconded by Councilman Hedrick, and the Resolution was unanimously adopted.

 

Orders (Consent Agenda)

            Requested were received to handle consent agenda items numbers 1, 2, 5, 6, 7, and 8 individually.

            Councilman Rephann made a motion to adopt consent agenda items 3, 4, 9, 10, and 11. Councilman Hedrick seconded the motion and the following items were unanimously adopted:

Order No. 24,577 Rescinding Order No. 24,536 for the demolition of a property located at 241 Columbia Street in the City of Cumberland

 

Order No. 24,578 Authorizing the execution of a contract for the July 4, 2007, fireworks display with Schaefer Pyrotechnics, Inc. - $10,000.00

 

Order No. 24,583 Authorizing payment to non-profit groups from Hotel/Motel funds 2007-08 - $87,000

 

Order No. 24,584 Accepting the proposal of the EADS Group for the Memorial Hospital Adaptive Reuse Study - $39,800

 

Order No. 24,585 Authorizing the City Administrator to execute Change Order No. 1 to the existing contract with Nathan Contracting for removal and replacement of the east stair tower at the Center City Parking Garage, City Project No. 08-06-M - $55,270

 

            Councilman Hendershot made a motion to adopt item number 1 awarding bids for various insurances.  Councilman Hedrick seconded the motion.

            Ms. Terri Socha asked if one of the insurances was for Fleet Insurance, inquired about the marking of city-owned vehicles, and about the restructuring the take-home vehicle policy.  Mr. Repp replied the Mayor and City Council had adopted a take home policy vehicle policy approximately three months ago and offered to provide a copy of that policy addressing the issues.  With no further comments, the following order was unanimously adopted:

Order No. 24,575 Accepting the bid of Erie Insurance for various insurances for FY 2007-2008

 

Councilman Hendershot made a motion to adopt item number 2  on the consent agenda.  Councilman Hedrick seconded the motion.  There were no comments.  The following order was unanimously adopted:

Order No. 24,576 Accepting the bid of CBIZ Insurance Services, Inc. for various insurances for FY 2007-08

           

            Councilman Hendershot made a motion to adopt item number 5 establishing parking fees.  Councilman Hedrick seconded the motion.

Mr. Frank Nethken asked the amount of increase in parking permits.  Mr. Repp reviewed the current and proposed fees.  Mr. Nethken asked how the fees compared to Hagerstown.  Mr. Repp said they were less.

            Ms. Terri Ringler, 13222 Chaney Avenue, S. W., Cumberland, representing employees of Social Services, presented a petition to the Mayor and Council petitioning the proposed fees expressing opposition to the proposed fees. She said they were also prepared to send a copy to the DDC, and are prepared to pull their support of the downtown activities and boycott the garage.  She expressed concern that the garage services social services and social security clientele, who are disadvantaged. Ms. Ringler stated that they have paid more than the George Street garage since 2001 and questioned enforcement of reserved parking spaces and what they would do if a permit is purchased and all spots are filled.  She expressed concern over free parking in the garages at various events and times.

            Mr. Frank Nethken asked the reason for the increase.  Mr. Repp said the increase was to pay the principal and interest payments due on the bonds for the garages.

            Mr. Tom Shrout, 1117 Bishop Walsh Road, Cumberland, inquired about the enforcement and asked if the City was going to over-sell permits.  He also asked if city employees paid for their parking.  Mr. Repp said there would be enforcement provided during peak hours and that there would be the possibility of over-selling of the $55.00 spots which they will be monitoring.  He advised that most city employees come under a bargaining agreement which provides parking.  Mr. Shrout requested the order be tabled for further investigation.   Upon question, Mr. Repp advised Mr. Gyger of the Cumberland Police Department oversees the Municipal Parking Authority.  Mr. Repp advised Mr. Shrout his five minutes time allowance had expired and offered to meet with him to discuss further concerns.

             A downtown employee who resides in Lanaconing questioned the fee increases and inquired about changing the rates for evening parking in the garages.  Mr. Repp advised they are reviewing the fees for evening hours possibly increasing them to $5.00.  She also expressed concern of enforcement of reserved spots.  Mr. Repp said an individual parking in a reserved spot not belong to them would be towed.  Councilman Hendershot asked for cooperation in this transition and stated they will be doing everything they can to make it customer friendly.  He also explained there would be new signage for the garage.  She asked if rates were being raised on other lots.  Mr. Repp responded rates would be increased for the garages and the spaces underneath the cross town bridge.

            Mr. Samuel Leer of Bedford Street asked about the over-selling of the $55.00 spaces.  Mr. Repp responded they would be monitoring that, and a decision would be made.  Mr. Leer expressed concern of reserved spots being used by other individuals.  He stated that if the fees are put into place he would support the boycott of the downtown merchants. 

            Ms. Terri Socha suggested the order to be tabled until enforcement issues and questions were clarified and discussions were had with current permit holders.  Mr. Repp clarified the new rates do not take effect until October 1st.

            Ms. Barbara Watson, Keyser, WV, downtown employee, expressed concern over the amount of increase in parking fees since the garage opened.  She questioned the garages being open for free parking on weekends.      

            There were no further comments.

            The following order was unanimously adopted:

Order No. 24,579 Rescinding Order No. 13,530 and adopting parking fees effective October 1, 2007

 

Councilman Hendershot made a motion to adopt item number 6 executing an employment agreement between the City and Pamela Rose.  Councilman Hedrick seconded the motion. 

Ms. Terri Socha asked if the employee lives in the City, if she would have access to a city vehicle, and if she would have free parking.  Mr. Repp advised he didn’t know Ms. Rose’s address, she is an hourly employee of the City and does not have access to a city vehicle unless it is for City business.  He advised that typically full time employees have access to the City lot for parking, but he would need to ask if parking was provided to this employee. 

There were no further comments.

The following order was unanimously adopted:

Order No. 24,580 Authorizing the City Administrator to execute an Employment Agreement by and between the Mayor and City Council of Cumberland and Pamela C. Rose to serve as Business Counselor and Business Resource Center Manager

 

Councilman Hendershot made a motion to adopt item number 7 accepting the proposal of Cale Parking systems for the purchase of parking meters.  Councilman Hedrick seconded the motion.

Ms. Terri Socha asked if this was cost effective, how much the City currently collects from meters and how much the city expects that to increase.  Mr. Repp responded that the City currently collects approximately $35,000 annually, and expects that to increase by approximately 30% based on other areas’ experience.  In answer to questions from Ms. Socha, Mr. Repp advised there would be no increased costs associated with monitoring the meters, and said that time can be purchased in hours up to a maximum time allowance of eight hours and that typically meters are enforced from 8:00 a.m. until 5:00 p.m.  He said the capital cost is $88,000 for acquisition; however, there would be monthly associated with them as well.  He also advised Ms. Socha that meters have not been enforced on the weekends in the past, but it had not been decided whether or not they would be in the future; however, typically the cost would not justify the enforcement after 5:00 p.m.

There were no further comments, and the following order was unanimously adopted:

 

Order No. 24,581 Accepting the proposal of Cale Parking Systems USA, Inc. as a sole source for the purchase, installation, and software licensing for parking meters – Est. $88,500

 

            Councilman Hendershot made a motion to adopt item number 8 to enter into a Pole Attachment License Agreement with Potomac Edison.  Councilmen Hedrick seconded the motion.

            Mr. Terri Socha asked the cost associated with the agreement.  Mr. Repp advised the cost was $32.00 per year per location with the annual cost of $4,000 for rent and electricity.  He stated there is no additional fee to be paid to CONXX, and explained the cost is to install devices on poles throughout the city and that there would be no additional costs associated with reading meters.  He added there is the potential of the elimination of two meter reader positions when fully operational.  She asked is the savings was worth it compared to neighborhood security with meter readers being present in the public.   Mr. Repp stated the cost benefit analysis show the reason for doing this for saving monies and didn’t take into account police functions of meter readers.

            Councilman Rephann commented this would bring the community into the 21st Century and that the system is supporting surveillance cameras around town.

            There were no further comments, and the following order was unanimously adopted:

 

Order No. 24,582 Authorizing the Mayor to execute a Wireless Broadband Pole Attachment License Agreement between the Mayor and Council of Cumberland and Potomac Edison Company dba Allegheny Power for a term of five years

 

 

Letters, Petitions, Applications, Proclamations, ETC. 

            The following Petitions and Letters were Acknowledged and entered into public record:

   

            Petition:

1.      Petition for Development Rights and Responsibilities Agreement – Allegany Professional Properties – Lila Estates - Haystack Mountain

2.      From the residents of properties in the Haystack Mountain notifying the Mayor and City Council that in the event of damages or injury due to run-off from continued development on Haystack Mountain claims and legal action will be taken.

 

            Letters:

1.      From the residents of properties located in the Willowbrook Market Place area requesting the Mayor and Council to intercede on their behalf to bring about a speedy resolution of the impasse of the development of the Willowbrook Market place.

           

 

 

Requests To Be Heard:

            Christopher Wills, Greene Street, asked who he would call if he has a permit and there are vehicles with no permits in spots.  Mr. Repp advised him to call JoAnn Harper of the Municipal Parking Authority in the Cumberland Police Department.   

            Mr. Wills asked when the Baltimore Street underpass would be open.  Mr. Repp advised security cameras are being installed after which it would be re-opened.

            Ronald Burkey, 309 S. Cedar Street, Cumberland, commented regarding the increased assessment of his house and requested the Council hold the line on property taxes.  Mr. Repp advised Mr. Burkey he should discuss his assessment questions with the State Department of Assessments.

            Frank Nethken, Cumberland, commented that 90% of the people at the Senior Center want the Center to remain at its current location.  He also commented that the salaries of the Mayor and Council are the same as they were in 1982.

            Herbert Broll, 225 Pennsylvania Avenue, Cumberland, stated he agreed with holding the line on spending and personnel and asked who has done the urban planning for the City to date.  Councilman Rephann advised is has been done piece meal by consultants and city staff.  Mr. Repp said the need for the position of Urban Planner is doe to the State mandates requiring more and more to comply with State laws and provide orderly planning for the City for annexations and future growth. 

Mr. Broll asked why the Comptroller doesn’t attend the Mayor and Council meetings.  Councilman Hendershot responded that he could, but he would have a long commute.  Mr. Repp advised Mr. Broll he could schedule an appointment with the Comptroller or submit any questions he may have in writing and he will receive a response.  Regarding finances of the City, Councilman Hendershot pointed out that the City has a balanced budget.  Mr. Repp advised Mr. Broll his five minute time allowance had expired.

There were no further requests to speak.

 

Adjournment

            The meeting adjourned at 8:50 p.m.