Regular Session

Council Minutes

Tuesday, August 7, 2007

The Mayor and City Council of Cumberland, Maryland, met in Public Session on Tuesday, August 7, 2007, in the Council Chambers of City Hall.  President Fiedler called the meeting to order at 6:15 P.M.   

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 Administrator; Jeffrey Rhodes, Director of Administrative Services; Charles Hinnant, Police Chief; William Herbaugh, Fire Chief; Michael Cohen, City Solicitor; Margie Eirich, Economic Development Coordinator;  and Sharon S. Clark, City Clerk

MINUTES:

Councilman Elliott made a motion to adopt the submitted minutes.  Councilman Hendershot seconded the motion and the following minutes were unanimously adopted:

1.      Regular Session – July 10, 2007

2.      Work Session – June 12, 2007

REPORTS:

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

            (a) Routine             

1.    Personnel Activity Report submitted by April Howser, Human Resources Officer, for the period July 22 – August 1, 2007

2.   Fire Department monthly report submitted by Chief Herbaugh for the month of June, 2007

3.   Permitting and Code Enforcement submitted by Jeffrey Rhodes, Director of Administrative Services, for the period May 24 – August 3, 2007

            (B) Presentations

            I.       William Booth Tower Project – Hampstead Development Group, Inc.

            Mr. Repp opened this presentation stating this is a low income tax program application the Group will be submitting to the Department of Housing and Community Development.  He added that there would be a Resolution and a PILOT agreement on the agenda at the next meeting for consideration of Mayor and Council if they are desirous of proceeding with this project. 

A power point presentation was made by Mr. Greg Gossard, representing The Hampstead Companies of San Diego, providing background information about the company and stating they specialize in buying existing affordable housing and redeveloping them utilizing tax credits and bonds.  He asked for consideration of restructuring the PILOT agreement and keeping it on the property.  He explained the State of Maryland requires the local government to provide a contribution and a letter of support in order to be eligible for the tax credits.  He reviewed plans for the approximate five million dollar construction costs for rehabilitation of the Booth Tower building currently owned by the Salvation Army.

Upon question from Councilman Rephann, Mr. Gossard said the Salvation Army will invest in property in Cumberland for transitional housing for low income families with the proceeds from the sale of the building.

Upon question from Councilman Hendershot, Mr. Gossard confirmed 10% of the units will be for the disabled. He also explained that current tenants will be temporarily relocated within the building while their unit is being worked on.

In answer to questions from Mr. Broll, Mr. Gossard explained that rent for the occupants would not change and that tenants pay 30% of their income with the government paying the difference.  Mr. Broll asked what contribution they were requesting from the City, to which he was told they are requesting the PILOT as the City’s contribution.

II.     Cumberland Video Presentation – Marjorie Eirich, Economic Development Coordinator

Mr. Repp advised the program to be reviewed was initiated through the Maryland Municipal League who targeted several municipalities within the state under a contract they have with the third party for this program.

Ms. Margie Eirich explained they worked with CGI Communications, a video production company, to produce a community video for use as a marketing tool.  They were referred to the City through the MML.  This was a free service for the City in exchange for an endorsement of their services.  They approached businesses in the community for sponsorship to help pay for their services provided to the City.

      Ms. Eirich explained the process and gave a preview of the Welcome and the Arts and Entertainment sections of the video.  Mr. Repp advised this is on the City’s web site and that it is designed to enable the City to send it to anyone interested in this area.

Unfinished Business:        

            Ordinance – 2^nd and 3^rd Readings

            Ordinance No. 3595 To rezone Parcel 7042, commonly known as Klot’s Mill on Gay Street – current zoning I-G (Industrial-General) to R-U (Urban Residential) to accommodate new residential construction in the area was presented in Title Only for its second reading.

            Councilman Elliott made a motion to adopt the second reading and go to the third after public comment.  Councilman Hendershot seconded the motion.

            Mayor Fiedler reviewed that when this ordinance was previously discussed there was some concern expressed over this rezoning by Klavuhn Moving.  He said he has met with them on several occasions and they have come to agreement over their concerns and the City is working with them to resolve them.  He said they no longer have concerns over this and that long-term they are probably looking to relocate somewhere else in the City.  He added that the Economic Development office will be working with them.  Mayor Fiedler asked for questions.  There were no questions or comments, and the second reading was unanimously approved.

            Ordinance No. 3595 was read in Title Only for its third reading and unanimously adopted.     

Ordinances & Charter Amendment Resolutions:

            Ordinance – (1^st Reading Only)

An Ordinance was introduced in Title Only to repeal and reenact with amendments to Section 24-152 of the Code of the City of Cumberland providing for billing and collection of sewage and bay restoration fees.  Mayor Fiedler advised this ordinance would be introduced tonight, posted on the web site for public review and brought back at the next meeting for public comment and consideration.

Councilman Elliott made a motion to adopt the first reading.  Councilman Hedrick seconded the motion and the first reading was unanimously adopted. 

RESOLUTONS:

A Resolution of support endorsing a project at 917 Gay Street in the City of Cumberland  known as Klot’s Mill Lofts Project was introduced in Title Only. 

Councilman Elliott made a motion to adopt the resolution.  Councilman Rephann seconded the motion. 

Mr. Repp explained this is for the Klot’s Mill Loft project and the City’s contribution would be a PILOT for fifteen years in the amount of $200.00 per unit per year.  He explained this is the minimum amount of contribution for them to get the maximum points for the project.  Mayor Fiedler asked for questions or comments.  There were none and the resolution was unanimously adopted.

A Resolution of support endorsing a project at 100 Reynolds Street in the City of Cumberland known as the East Side School Apartments was introduced in Title Only. 

            Councilman Hendershot made a motion to adopt the resolution.  The motion was seconded by Councilman Hedrick.

            Mr. Repp explained this Resolution is for the Eastside School project and that given the uniqueness of this project for the re-use of the Eastside School, the Mayor and Council previously committed $200,000 in public infrastructure improvements to the area if this project receives the tax credits in addition to a PILOT for fifteen years at 60% reduction in assessment value of the property.

            Mayor Fiedler welcomed Mr. Al Borvice, developer of the project.  He asked for comments or questions.  Mayor Fiedler added funding was previously applied for last March.  There were twenty applications, with eight being approved and this one being ninth on the list.  They have been working with the State to improve their position and will be resubmitting their application this fall.

            Mr. Broll asked where the City was getting the $200,000 for infrastructure improvement.  Mr. Repp said the funding would be a combination of funds to yet be determined, but would be CDBG funds, water and sewer improvements funding and possibly Community Legacy.  Mr. Broll asked about general funds to which Mr. Repp said could be possible but he did not feel it would be necessary.

            With no further comments or questions, the resolution was unanimously adopted.  

Orders (Consent Agenda):

            Mr. Repp asked Chief Hinnant to review item number 7 on the consent agenda authorizing the Mayor and Chief of Police to execute a MOU with the Allegany County Board of Education for a School Resource Officer Program.

            Chief Hinnant introduced Corporal Jim Hott who has been a school resource officer for the past five years and Patrolman Chris Fraley who was recently appointed as a school resource officer.  He gave an overview of this program which is to begin with the 2007-08 school year with the MOU being for a period of five years.  He reviewed the goals of the program and explained that this was a partnership to place officers in the schools and that $55,000.00 per year would be reimbursed to the City by the Board for salaries, health insurance, retirement, and workers compensation costs.

            Mr. Repp advised the City is in the process of hiring two additional officers, one to replace Officer Fraley and one that was budgeted in the 2008 budget.

            Mayor and Council members thanked the Chief and officers and spoke of the importance of this program.   

            Councilman Rephann said he would abstain from the vote as he does contractual work for the Board of Education.

            Mr. Repp reviewed the changes necessitating item number 6 on the consent agenda authorizing the City Administrator to execute Change Order No. 2 for Nathan Contracting for additional work on the Center City Parking Garage Restoration Project - $74,140, advising there had been one previous change order on this project.  With these changes it brings the contract to a total of $1,406,347.  Mr. Repp said he felt we had been very successful in keeping the cost of the change orders down.  He added that one more item in the project would be for the elevator replacement in the approximate amount of $300,000.00, and noted the project is still within the expected cost.  He advised that they are looking at an October 1^st completion date for the project. 

            Councilman Rephann requested that item number 1 be handled separately, as he would be abstaining from the vote due to a conflict.

            With no further questions, Councilman Elliott made a motion to adopt items 2 through 6.  Councilman Hedrick seconded the motion and the following items were unanimously adopted:

Order No. 24,607 Authorizing the Mayor and City Clerk to execute a PILOT between the Mayor and City Council of Cumberland and Klot’s Mill Lofts for the Klot’s Mill Lofts Project

Order No. 24,608 Authorizing the Mayor and City Clerk to execute a PILOT between the Mayor and City Council of Cumberland and East Side School, LLC for the East Side School Project

Order No. 24,609 Accepting the bid of N & L Trucking & Excavating for the demolition of property located at 117 Independence Street in Cumberland - $3,390

Order No. 24,610 Accepting the bid of Dilapidated Demolition for the demolition of property located at 511 Valley Street in Cumberland - $1,800.00

Order No. 24,611 Authorizing the City Administrator to execute Change Order No. 2 for Nathan Contracting for additional work on the Center City Parking Garage Restoration Project - $74,140

            Councilman Elliott made a motion to adopt items numbers 1 and 7.  Councilman Hendershot seconded the motion and the items were adopted as follows on a vote of 4 to 1 with Councilman Rephann abstaining from the vote:

Order No. 24,606 Authorizing the Mayor and City Clerk to execute a FY2007 Certified Local Government Sub-grant Contract between the City and the State of Maryland for Historical Preservation education in coordination with Allegany College  - $10,000.00

Order No. 24,612 Authorizing the Mayor and Chief of Police to execute a MOU with the Allegany County Board of Education for a School Resource Officer Program

Letters :

1.      Letter from Maryland Department of Business & Economic Development notifying the City the Arts & Entertainment application for expansion has been approved.  The approved expanded areas include:

          Canal Place Preservation District

          Decatur Heights National Register of Historic Places District

          Greene Street National Register of Historic Places District.

Requests To Be Heard:

            Mr. Herbert Broll, Cumberland, asked Councilman Rephann about statements made on the radio regarding Mr. Combs.  Councilman Rephann replied that he did not make personal shots at anyone, but did endorse ten candidates for the council seat as there are people in that pool that represent the things he cherishes and he would like them given full consideration.  He added he also said he believes there is a need to promote youth in government if the City is going to thrive.  Councilman Rephann said, in retrospect, he agreed with Mr. Broll that diversity is important at all levels of government.

            Mr. Jonas Merrill, Cumberland, expressed concerns with the area to be developed in the Sperry Terrace/Fairmont Avenue area regarding a sound barer, drainage issues from I68, road conditions and size, needed sidewalk replacements, and requesting a tree program.  Mayor Fiedler explained this is in the preliminary stage and he would ask that these concerns be addressed.  He also said he would suggest Mr. Merrill be invited to attend the discussions.

            Councilman Rephann suggested that, if the project proceeds, infrastructure issues will be important and they should look at future grants writing.

ADJOURNMENT:

            The meeting adjourned at 7:00 p.m.

                                                                        Approved September 4, 2007