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PUBLIC COMMENT PERIOD If you would like to address the Mayor and City Council during the Public Comment section on Tonights Agenda, please record your.

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Presentation on theme: "PUBLIC COMMENT PERIOD If you would like to address the Mayor and City Council during the Public Comment section on Tonights Agenda, please record your."— Presentation transcript:

1 PUBLIC COMMENT PERIOD If you would like to address the Mayor and City Council during the Public Comment section on Tonights Agenda, please record your name and address on the sign-up sheet located on the speakers podium in the front of the Council room. Please note that public comments are limited to five (5) minutes per speaker.

2 City Administrators Report 1. Report from Kathy McKenney, Historic Planner, on the proposed use of Community Legacy Funding to provide assistance in the stabilization of structures at N. Centre Street and N. Centre Street. 2. Discussion on whether to enforce the reverter clause provided in the deed to Roy L. Hunt for the property at 470 Baltimore Avenue. 3. Presentation from the City Administrator on a draft sales agreement between the Evitts Creek Water Company and the Western Pennsylvania Conservancy regarding land at the City's watershed in Pennsylvania. 4. Personnel Activity Report for the period ending February 5, 2011.

3 NORTH CENTRE STREET/ NORTH CENTRE STREET Community Legacy Funding Alternative Proposal

4 Centre Street Property Stabilization City of Cumberland was recently awarded Community Legacy funding to stabilize the two structures (application was submitted August 2010) Verbal agreement from owners representative to donate the structures to the City of Cumberland during summer 2010, however offer to purchase from adjacent property owner was accepted

5 Centre Street Property Stabilization Initial proposal for the CL funds would assist in partial demolition (rear addition) and stabilization, including roof structure, as well as any other identified critical needs.

6 Centre Street Property Stabilization Since the CL application was submitted and presented to the public as a City of Cumberland project, City staff have proposed to MD DHCD possibility of working with prospective new owners to ensure public from existing conditions is addressed. City could present proposal for funding to be awarded to the prospective new owner as a forgivable loan, not a grant, in order to help protect the public interest, mandate the specific scope of work for which the funds can be utilized, and to ensure a timely completion of the project. The CL funding agreement is currently pending with MD DHCD.

7 470 Baltimore Avenue

8 Deed Covenants – 470 Baltimore Avenue

9 Format of Agreement Articles of Agreement Exhibit A Legal Description Exhibit B Easement Exhibit C Deed Restrictions Exhibit D Subdivided Tracts Exhibit E Escrow Agreement Exhibit F Indemnity Agreement Resource Management Plan

10 Articles of Agreement 6.Purchase Price. The purchase price to be paid Seller by Buyer for the Property is FOUR MILLION DOLLARS AND ZERO CENTS ($4,000,000.00). 33. Right of First Refusal. Seller shall, in the Deed or by separate recorded document, grant to Buyer the Right of First Refusal to purchase retained parcels as set forth in Exhibit D…. 34. Third Party Agreements. 1. Agreement made July 6, 1998 by and between Seller, the City of Cumberland, and the Pennsylvania Fish and Boat Commission; (terminate prior to closing) 2. Pennsylvania Game Commission Public Access Program Cooperative Agreement made June 17, 2008 by and between Seller and the Commonwealth of Pennsylvania, Pennsylvania Game Commission; (terminate prior to closing) 3. Commonwealth of Pennsylvania Cooperative Agreement for Construction of Facilities for Recreational Boats made in 2009 by and between Seller and the Commonwealth of Pennsylvania, Pennsylvania Fish and Boat Commission; and (terminate or amend 45 days after closing) 4. Lease Agreement made September 8, 2009 by and between Seller and Bedford County Conservation District. (terminate or amend 45 days after closing)

11 Exhibit A – Legal Description 3, acres 408+ acres

12 Article B - Easement Evitts Creek Water Company reserves the right to access, withdraw, and transport, and the right to exclusive use of, water from the two reservoirs on the Property, known as Lake Koon and Lake Gordon, for its use as a public water supply for the City of Cumberland, Maryland and its customers …… further reserves the right to access Lake Koon and Lake Gordon and the surrounding land transferred to WPC in order to monitor those lakes, and their conditions, and the surrounding land, and its condition, and to maintain, dredge, manage and monitor the water within and the bottoms of Lake Koon and Lake Gordon in order to restore, protect, and enhance the water supply ………..further reserves the right to develop water wells on the Property; however any such water well development shall be subject to Prior Written Approval….. Evitts Creek Water Company has retained fee simple ownership of portions of the Property containing the dams, treatment facilities, water distribution system, pump stations and other ancillary improvements. Western Pennsylvania Conservancy is hereby granted the right of ingress and egress across existing access roads on the tracts retained by Evitts Creek Water Company set forth in Exhibit D

13 Article C – Deed Restrictions The fundamental purposes of this Deed Restriction is to reserve for Evitts Creek Water Company, a Pennsylvania domestic corporation, and the Mayor and City Council of Cumberland, a Maryland municipal corporation (hereinafter referred to as Mayor and City Council of Maryland) the exclusive right to enjoy and to use the water on the Property, which shall include but not be limited to the right to produce water for sale as potable water to its or their customers; to prevent the introduction of any pollution onto the Property that may adversely affect the quality of said drinking water supply; and to protect permanently the natural and undeveloped condition of the Property in order to maintain healthy watershed function and forest ecosystem quality except as explicitly set forth herein.

14 1.02Resource Management Plan WPC and ECWC recognize the conservation values of the Property in its current condition and…WPC will regularly update a Resource Management Plan to guide said improvements and uses. The initial Resource Management Plan shall have been developed as set forth in the Articles of Agreement between WPC and ECWC. WPC will sustainably harvest the timber on portions of the Property periodically in accordance with the Resource Management Plan. The Resource Management Plan and any updates shall be prepared by WPC, or its assigns, with Prior Written Approval by ECWC…

15 2.02 Permitted Improvements The following improvements are permitted on the Property: (a)Signs that identify the property owner and the nature of permitted uses; (b)Improvements reasonably necessary to conduct permitted activities on the Property, including forestry roads, trails, fences, bridges, culverts, gates, picnic areas, picnic pavilions, restroom facilities and ADA accessible trails, ramps, docks, and fishing piers; and (c)Improvements to be used for meeting facilities or for environmental education and research purposes, but only upon Prior Written Approval of ECWC.

16 3.01 Prohibited Activities, Uses, and Disturbance of Resources 1. Use of motor boats, including gas or other petroleum powered motor boats… 2. Use of motorized vehicles except in the driveways and parking areas, in the case of emergency, in connection with permitted activities, for construction and maintenance of permitted improvements…. 3. Any and all industrial or commercial uses or activities except as permitted specifically below for the purpose of providing a water supply… 4. Removal, filling, or other disturbances or erosion of the soil surface, above or below the water table, or any changes in topography, surface or subsurface water systems, wetlands or wetland habitat… 5. Excavating soil, gravel, sand, or rock except as necessary in conjunction with permitted activities and provided that Prior Written Consent is obtained from ECWC…No exploration or extraction of coal, oil, gas, or other minerals or subsurface resources shall be allowed….. 6. Dumping, discharge, injection, burning, or burial of waste, whether or not known to be environmentally hazardous and whether or not generated on the Property, including but not limited to refuse and vehicle parts… 7. Transport, use, storage, or application of any and all substances which constitute a hazard to public health or the environment…. 8. All other uses except those explicitly set forth in Section 3.02 herein.

17 3.02Permitted Activities, Uses, and Disturbance of Resources 1. WPC will sustainably harvest timber on portions of the property periodically and the Resource Management Plan as described in 1.02 will guide that work.... No more than ten percent (10%) of the total forested acres shall be subject to active timber harvest operations in any given year without Prior Written Consent of ECWC. 2. The maintenance and use of or discontinuance of existing unpaved roads and parking areas and the construction, relocation, replacement and repair of new unpaved roads and parking areas for permitted forestry or recreation uses in conformance with Best Management Practices. 3. The Property may be used for educational programs and ecological research, monitoring, restoration, and management activities… 4. Passive recreational and educational activities such as hiking, camping, canoeing, boating (subject to Section 3.01(a)), snowshoeing, bicycling, cross-country skiing, hunting, trapping, fishing, bird watching, nature study, and other like recreational and educational activities…

18 3.02Permitted Activities, Uses, and Disturbance of Resources(cont.) 5. Trimming, maintaining or replacing trees, shrubs or other plantings in accordance with established… Best Management Practices, removing diseased or insect damaged trees or vegetation, controlling or eliminating Invasive Species, or removing hazards to private property or public or private health or safety. 6. There are several historic cemeteries on the Property that are no longer used for burial sites. WPC or its designees are permitted to maintain these cemeteries for public access. 7. Any activities related to improving the ecological function of wetlands, floodplains, and streambanks are permitted to occur. 8. WPC and its designees may use motorized vehicles on the Property…for purposes related to the permitted uses identified herein. 9. Public access may be closed from time to time for public safety and for resource conservation reasons. 10. Extraction of natural gas or oil by directional drilling methods from adjacent lands, and injection or release of water and other substances to facilitate such extraction…. or any surface disturbance on the Property related to such activity and so long as Prior Written Consent is obtained from ECWC. 11. Construction of Improvements as described in and subject to Section Hunting shall be permitted in accordance with the laws of the Commonwealth of Pennsylvania.

19 4.01Rights and Duties of ECWC and the Mayor and City Council of Cumberland. This Deed Restriction gives ECWC and the Mayor and City Council of Cumberland the right to perform the following tasks in addition to any rights set forth herein: (a)Enforcement To enforce the terms of this Deed Restriction in accordance with the provisions of Article V including the right to enter the Property to investigate a suspected, alleged or threatened violation, in addition to other remedies. (b)Inspection To enter and inspect the Property for compliance with the requirements of this Deed Restriction upon reasonable notice, in a reasonable manner and at reasonable times.

20 6.02Transfers. WPC shall obtain Prior Written Consent from ECWC before transferring the Property or any interest in the Property. WPC may transfer the Property or any interest in the Property to any of its wholly owned subsidiary corporations or limited liability companies or the Pennsylvania Department of Conservation and Natural Resources or its successors without Prior Written Consent from ECWC provided that the deed is transferred subject to the easements and deed restrictions contained herein and of record.

21 6.03Transfer of Out-Parcels WPC may transfer out-parcels… subject to conservation easements in form similar to these deed restrictions, provided that: (i) ECWC shall have the Prior Written Approval of the Grantee(s); (ii) ECWC shall have Prior Written Approval of the terms of the conservation easement; and (iii) ECWC and the Mayor and City Council of Cumberland will be named beneficiaries to the conservation easement. Subject to the Prior Written Approval of ECWC, WPC may subdivide the Out Parcels into three parcels. Said conservation easements may contain provisions for limited residential use to include not more than a total of three single-family residential dwelling units… including on-lot septic systems, access drives, utility improvements, and two out-buildings per dwelling unit….

22 6.07Assignment and Transfer Neither WPC nor ECWC may assign or otherwise transfer any of their respective rights or duties under this Deed Restriction voluntarily or involuntarily… Any purported assignment or transfer in violation of this Section is void ab initio. (a)By ECWC ECWC shall obtain Prior Written Consent from WPC before assigning any of its rights and duties under this Deed Restriction to another party. (b)By WPC Except as provided in paragraphs 6.02 and 6.03 this Deed Restriction is a servitude running with the land binding upon the undersigned WPC and, upon recordation in the Public Records, all subsequent owners of the Property or any portion of the Property. WPC may assign its interest in the Property provided that all subsequent owners are bound by the terms of this Deed Restriction whether or not subsequent owners had actual notice of this Deed Restriction and whether or not the deed of transfer specifically referred to the transfer being under and subject to this Deed Restriction and that WPC obtains Prior Written Consent from ECWC, except for the Out Parcels which shall be transferred according to 6.03.

23 Exhibit D – Subdivided Tracts acres acres

24 Directors Report Fire Fire Department monthly report for December, 2010

25 Approval of Minutes Routine Approval of the Work Session Minutes of January 25, 2011 Administrative / Executive Approval of the Administrative Session Minutes of November 9, 2010 and December 7, 2010

26 UNFINISHED BUSINESS

27 Ordinances – 2 nd & 3rd Readings To provide for the closure of a portion of Schriver's Alley, located in the area of Virginia Avenue, and conveying a portion of the area being closed to Stanton R. Sheetz.

28 Charter Amendment Resolution – 2 nd & 3 rd Readings To enlarge the corporate boundaries of the City by annexing land located on the southwest side of the intersection of Naves Cross Roads and Bedford Road containing +/ acres, owned by Kira and Fallon, Inc.

29 Overview: Former Farleys Foodland site on Bedford Road Owner requested annexation on March 30, 2010 Annexation Plan filed on November 15, 2010 Property contiguous with City along Bedford Road Property is entirely located within Allegany County PFA Property is zoned B-2 (Major Commercial) by County City proposes to rezone to B-C (Business-Commercial) Property is currently served by City Water and County Sewer A large City Water Main is located on the property New owner will convert the store to a Sheetz

30 NEW BUSINESS

31 Ordinances – 1 st Reading Only Authorizing a Zoning Map Amendment to rezone property at 346 and 348 Baltimore Avenue from R- U (Urban Residential) to RR (Rehabilitation and Redevelopment) at the request of Gary Frost, owner of 346 Baltimore Ave.

32 Resolutions Resolution granting a property tax credit for the tax years 2009 and 2010 to the Carver Community Center. (b) County or municipal corporation property tax - Optional.- The governing body of Allegany County or of a municipal corporation in Allegany County may grant, by law, a property tax credit under this section against the county or municipal corporation property tax imposed on: (1) property that is owned by the Upper Potomac Jaycees, Incorporated; (2) property that is owned by the Allegany Beagle Club, Incorporated; (3) property that is: (i) leased by Frostburg Community Hospital, Inc.; and (ii) used for hospital purposes; (4) property that is owned by the Western Maryland Scenic Railroad; (5) property that is owned by the Frostburg Lions Club; (6) property that is owned by the Cumberland/Allegany County Industrial Foundation, Inc.; (7) property that is owned by the La Vale Lions Club Foundation, Inc.; (8) property that is owned by the Carver Community Center, Inc.; (9) property that is owned by the Cumberland Cultural Foundation and is known as the Gilchrist Museum; (10) property that is owned by the Allegany County Agricultural Expo, Inc.; and (11) property that is owned by the Allegany County Building Trades Education Foundation, Inc.

33 Consent Agenda 1. Order authorizing the execution of Change Order No. 6 to the existing contract with Carl Belt, Inc., for the WWTP Enhanced Nutrient Removal (ENR) Upgrade ( WWTP) in the increased amount of $75,385.00; bringing the total contract amount to $33,252, Order authorizing the execution of Change Order No. 1 to the existing contract with SPECS, Inc. for Engineering Services for Washington Street Improvements / Allegany to Fayette Street, in the increased lump sum amount of $ 60,011.00; bringing the total contract price to $ 99, Order declaring City-owned property located at 657 Greene Street to be surplus property. 4. Order authorizing a Historic District Tax Credit for the property at 119 Baltimore Street, owned by James and Carolyn Hilgeman (Tax No ), in the amount of $3, to be used within 5 years, and a three-year property tax assessment freeze commencing with the 2007 tax year. 5. Order declaring two 2004 Ford Crown Victoria vehicles to be surplus property. (VIN 2FAFP71W44X and VIN 2FAFP71W84X134544)

34 Consent Agenda (cont.) 6. Order accepting the proposal of M and T Bank to fund an equipment lease for the purchase of 1 ambulance and 3 police vehicles in an amount not to exceed $329,550 for a period of 5 years at a fixed rate of 2.74%. 7. Order authorizing the purchase of three marked and fully equipped 2011 Ford Crown Victoria police vehicles from Apple Ford, Columbia, MD, through the State of Maryland bid process at a total cost of $114, Order authorizing the execution of a Quitclaim Deed conveying a portion of Braggs Alley to Louis P. Windemuth, Sr.; said alley being formerly closed by Ordinance 2806, passed April 11, Order rescinding Order No. 24,726 passed March 18, 2008 and authorizing the execution of a revised PILOT agreement with Klot's Mill Lofts to amend the commencement date to January 1, 2012.

35 Order # 1 – ENR CO # 6

36 PUBLIC COMMENT PERIOD If you would like to address the Mayor and City Council during the Public Comment section on Tonights Agenda, please record your name and address on the sign-up sheet located on the speakers podium in the front of the Council room. Please note that public comments are limited to five (5) minutes per speaker.


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