Council Minutes
Tuesday, July 10, 2007
The Mayor and City Council of
Invocation – Councilman Harold Hendershot
Pledge of Allegiance to the flag of the United States
Call of Roll:
Present: President Fiedler; Councilmen Elliott, Hedrick, Hendershot, and Rephann.
Department Heads and/or Officials Present: Jeffrey E. Repp, City
UNFINISHED BUSINESS:
Ordinance No. 3593 To enact the City of Cumberland Property Maintenance Code Habitual Offender Ordinance, previously introduced and the first reading adopted at the June 12th meeting, was presented for its second reading in Title Only. Councilman Elliott made a motion to adopt the second reading and move to the third reading after comment. The motion was seconded by Councilman Hedrick.
Mr. Repp commented that the enactment of this ordinance would establish a property maintenance code for habitual offenders with the violation being a misdemeanor after three citations and could lead to incarceration and a fine. There were no additional comments or questions, and the second reading was unanimously adopted.
Ordinance No. 3593 was presented for its third reading in Title Only and unanimously adopted.
Reports - (a) Routine
The following reports were presented:
1. Personnel Activity Report submitted by April Howser, Human Resources Officer, for the period June 10 – July 7, 2007
2. Fire Department Monthly Report submitted by Chief Herbaugh for the month of May 2007
3. Police Department Monthly Report submitted by Chief Hinnant for the month of June 2007
4. Utilities Report submitted by Fred Streett, Director of Utilities for the month of May 2007
Councilman Elliott made a motion to adopt the routine reports. Councilman Hendershot seconded the motion and the reports were unanimously adopted.
The Regular Session was adjourned at 7:39 p.m. to conduct the following public hearings:
Public Hearings:
I. A Petition for Development Rights & Responsibilities Agreement - Allegany Professional Properties, LLC,
Mr. Repp opened the hearing stating that in 2000 an ordinance was adopted allowing participation in a private residential development agreement with a residential sub-division. The first step was the submission of a petition; which had been received for this development. Tonight, as advertised in the Cumberland Times News, a public hearing is being conducted after which discussion of the Council’s would discuss their desires or not for participation.
Mr. Matt Brewer and Ms. Christine Sheetz of Bennett Brewer and Associates, an engineering consulting firm, on behalf of the developer of Allegany Professional Properties to give a presentation of the project known as the Lila Estates which is expected to begin this year consisting of ten (10) single family residential lots ranging in size from 3 to 40 acres. He stated they paid particular care to satisfy the view shed protection criteria, in additional to the storm water management normally required for this type of development, they designed two facilities for storm water management that will result in a 20-30% reduction of existing condition runoff. He stated there are additional costs involved in doing that, which is a primary element in their request for city participation. He stated this would benefit the citizens and the City in general. Mr. Brewer added that the Engineering Department accepted the basis for the design and they expect final approval shortly.
The floor was open for comments and/or questions.
Mr. Herbert Broll, asked what participation they were requesting from the City. Mr. Brewer stated the request for the infrastructure contribution for this project would be approximately 1.7 million dollars with approximately $520,000 of that related to storm water management capture and quantity and quality control. The developer is requesting participation of 65%; approximately 1.1 million dollars.
Councilman Rephann asked, referencing Exhibit B, if it was an accurate interpretation that they were to expecting the entire subdivision to be built out in one (1) year and being assessed for taxes. Mr. Brewer answered they were for the purposes of this presentation. Mr. Brewer said it was also based on anticipation improvement value for each lot, which could be lower than they were expecting in a community of this type.
Mr. Herbert Broll asked if the City participated at 1.1 million dollars, how long it would take to re-pay the City. Councilman Rephann stated the paperwork assumes it is completely built out in year one (1) which is not a realistic presumption. He asked them to come back with something more realistic schedule and contribution. He continued that at the Allegany Highlands public hearing Council decided their contribution would be limited to storm water runoff improvements, and they wouldn’t want to participate in other aspects of the project. He asked they provide the incremental cost in terms of infrastructure improvements to go beyond the current storm water regulations. Mr. Brewer advised the total based on bids received for the storm drain system and the storm water management facilities and related items is approximately $520,000.
Mr. Cohen asked what the difference between building the storm water management system required by code vs. building it to the enhanced level of protection proposed. Mr. Brewer said he would provide that information.
Councilman Hendershot asked Mr. Brewer to explain in layman’s terms how they intend to manage the storm water run-off in the manner proposed. Mr. Brewer explained their plan for storm water management and said that when completed there would be a 20 – 30% reduction in the existing surface water run-off than there is today. Councilman Hendershot asked Mr. Brewer if engineering formulas verify this to be the case. Mr. Brewer said they did.
Mr. Broll asked what formula they used that didn’t seem realistic to him. Councilman Rephann stated they suggested 45% give-back of the tax revenue towards this project, but is the assumptions are altered it would be smaller and told Mr. Broll he would review it with him after the meeting. Mr. Broll asked how many years it would take to re-pay. Mayor Fiedler replied they didn’t have that information at the present time and asked Mr. Brewer to work with Mr. Repp and Mr. DiFonzo. He commented Council is very interested in any development that will make improvements and want to look at it. He requested cost figures for the improvements for the storm water management.
Mr. Brewer stated the impact is more far reaching considering monies the City spends in flood repairs and storm drain improvement projects downstream in the future which would be limited to some degree by a project such as this.
Councilman Rephann asked what portion of the drawing is in the view shed protection area. Mr. Brewer replied that all of it is. He also verified that is has gone before the Planning and Zoning Commission and they have given preliminary approval. Councilman Rephann asked if it was a private gated community. Mr. Brewer replied it would be a public City street.
Mr. Broll asked who would put in the street. Mr. Repp responded that as of today it would be the developer’s responsibility.
With no further questions/comments the public hearing adjourned at 7:57 p.m.
The following Public Hearing was opened at 7:57 p.m.:
II. United States Department of Justice Grant Funds for the Cumberland Police Department - $14,300 – (Police Chief Charles Hinnant)
Mr. Repp opened the hearing stated this program has changed over a period of time reducing the amount of funding. He stated the purpose of the public hearing is to hear comment from the public regarding spending of the funding. He added there the is a committee that needs to sign off on recommended expenditures of the funds after which it is submitted to the Federal government
Police Chief, Charles Hinnant, said they have determined the best use of the funding would be for the purchase of new service weapons to replace the current ones that have been in service for ten (10) years and have recently had malfunctioned. He said the old weapons would then be used in a controlled situation on the range rather than on the streets. Recommendation was for the purchase of fifty (50) weapons and holsters.
Upon question from Councilman Hendershot, Chief Hinnant explained the new weapons would be the same as the existing weapons except that they have a rail for attaching lights for night firing.
With no further questions/comments the public hearing adjourned at 8:00 p.m. and the Regular Session reconvened.
Orders (Consent Agenda):
A request was received to handle Item Number 3 on the consent agenda separately.
Councilman Rephann made a motion to adopt items 1, 2, and 4 through 12. The motion was seconded by Councilman Hendershot and the following items were unanimously adopted:
Order No. 24,586 Accepting bids for surplus vehicles and equipment
Order No. 24,587 Accepting the proposal of The C.I. Thornburg Co., Inc. for two (2) double 24” line-stops for (the “Park”) Fort Hill Reservoir and Davidson Street - $95,296.00
Order No. 24,589 Authorizing Police Chief, Charles Hinnant to execute a School Bus Safety Enforcement Program award between the Maryland State Police and the
Order No. 24,590 Authorizing the Mayor and City Clerk to execute a Memorandum of Understanding between the Allegany County Human Resources Development Commission and the Mayor and City Council regarding the conveyance and rehabilitation of
Order No. 24,591 Accepting the proposal of CBIZ Insurance to provide loss control assistance - $30,000.00 for one year effective July 1, 2007.
Order No. 24,592 Accepting the proposal of The PMA Insurance Group to provide Workman’s Compensation Insurance - $1,361,867.00 Policy period July 1, 2007 through July 1, 2008.
Order No. 24,593 Authorizing the City
Order No. 24,594 Rescinding Order No. 23,905 adopted by the Mayor and City Council August 12, 2003, adopting an “Opt-Out” Program for Health Insurance and adopting an updated policy for the “Opt-Out” Program
Order No. 24,595 Authorizing the Mayor and City Clerk to execute a Memorandum of Understanding between the City and the Board of County Commissioners of
Order No. 24,596 Authorizing the Mayor to execute of a Senior Citizens Activities Center Capital Improvement Grant Application on behalf of HRCD - $600,000.00
Order No. 24,597 Appointments to Boards/Commissions – Neighborhood Advisory Commission,
Councilman Rephann made a motion to adopt item number three approving a Historic District Tax Incentive on the consent agenda. Councilman Hendershot seconded the motion.
Mr. Herbert Broll asked for explanation. Mr. Repp explained this incentive was being approved for the recently renovated property on
There were no further questions or comments and the following order was unanimously adopted:
Order No. 24,588 Approving Historic District Tax Incentives for 33 North Centre Street; Owners Ernest Gusella & Tomiyo Sasaki – Tax credit ($22,251.77) Five (5) years; Nine (9) years Assessment Freeze
Letters, Petitions, Applications, Proclamations, Etc:
The following letter was acknowledged and entered into public record:
1. From Governor O’Malley – notification of an approved grant increase of Supplemental Assistance Program funds in the amount of $500,000 for the Evitts Creek Combined Sewer Overflow Project
Requests to be Heard:
Mr. Herbert Broll,
Mayor Fiedler replied they will be accepting letters of interest closing off the receipt of them late this month. He said they will then review the letters and appoint the person they feel is best for the position.
Adjournment:
With no further business to be conducted, the meeting adjourned at 8:06 P.M.
Approved, August 7, 2007