REGULAR SESSION:
The Mayor and City Council of Cumberland, Maryland met in Regular Session on Tuesday, January 11, 2005,at 7:45 P. M. in the Council Chambers of City Hall.
Mr. Hendershot gave the invocation. The Pledge of Allegiance to the Flag followed this.
The following answered to the call of the roll:
Mayor Fiedler, Councilmen Hedrick, Hendershot, and Rephann. Councilman Elliott was absent.
Department Heads and/or Officials present were Jeffrey E. Repp, City Administrator; H. Jack Price, Jr., City Solicitor; Kevin Hagerich, Director of Public Works; Jeffrey Rhodes, Director of Administrative Services; Robert Dick, Chief of Police; William Herbaugh, Fire Chief; Raquel Ketterman, Community Development Specialist; and Sharon S. Clark, City Clerk.
MINUTES
President Fiedler called for a motion to accept the minutes from the Regular Session of December 14, 2004, and the Work Sessions of October 5, and December 14, 2004. Mr. Rephann made a motion to accept the minutes as written. Mr. Hendershot seconded the motion, and the minutes were unanimously approved.
President Fiedler called for a motion to accept the minutes of the Executive Sessions held Tuesday, October 5 and December 14, 2004. Mr. Hedrick made a motion that the minutes of the Executive Session held Tuesday, October 5, 2004, be approved as written and that the minutes of today’s meeting reflect that the Mayor and City Council met in Executive Session on that date. The meeting was held on a 5 – 0 vote to discuss a real estate matter in accordance with the provisions of Section 10 508 (a) (2) of the State Government Article of the Annotated Code of Maryland and to accept the minutes of the Executive Session held Tuesday, December 14, 2004, as written and that today’s meeting reflect that the Mayor and City Council met in Executive Session on that date. The meeting was held on a vote of 5 to 0 to consult with legal in accordance with the provisions of Section 10 508 (a) (7) of the State Government Article of the Annotated Code of Maryland.
Mr. Hendershot seconded the motion and the minutes were unanimously adopted.
ROUTINE REPORTS
Mayor Fiedler asked for a motion to accept reports submitted. Mr. Hendershot made a motion to accept the reports. Mr. Hedrick seconded the motion, and the following reports were unanimously adopted:
Item No. 1: Personnel Activity report submitted by April Howser, Human Resource Officer, for the period December 12, 2004 through January 8, 2005.
Item No. 2: Permitting & Code Enforcement Report submitted by Jeffrey Rhodes, Director of Administrative Services, for the period December 9, 2004 through January 6, 2005.
Item No. 3: Water Production Report submitted by Rodney Marvin, Superintendent Water Filtration, for the month of November, 2004.
Item No. 4: 2004 Annual Water Production Report submitted by Rodney Marvin, Superintendent Water Filtration Plant.
The regular session was adjourned at 7:47 P. M. in order to conduct a public hearing.
PUBLIC HEARING – LOCAL LAW ENFORCEMENT BLOCK GRANT
Mr. Repp announced the reason for the Public Hearing was to receive public comment on how the City can best use funds received by the Federal Government for the LLEBG Program. Comments received are given to the Cumberland Police Department to present to the committee for review and decision. He explained the type of purchases that may be made with the funds.
Chief Robert Dick commented this is a popular grant among law enforcement agencies because it allows a great deal of latitude between the community and law enforcement to decide how to use the funds. He said recommendations will be presented to the Committee and a final decision made.
Mayor Fiedler asked for public comment. There were no comments.
The Regular Session reconvened at 7:50 P.M.
ORDINANCES AND CHARTER AMENDMENT RESOLUTIONS
Ordinance No. 3514 entitled, “AN ORDINANCE TO AUTHORIZE THE EXECUTION OF A DEED FOR THE PURPOSE OF CONVEYING TO CRIPPEN REALTY, LLC CERTAIN SURPLUS PROERTY LOCATED IN THE CITY OF CUMBERLAND, ALLEGANY COUNTY, MARYLAND”, was presented in Title only for its first reading. Mr. Rephann made a motion to accept the first reading and move to the second reading. Mr. Hedrick seconded the motion, and it was unanimously approved.
Ordinance No. 3514 was presented in Title only for its second reading. Mr. Rephann made a motion to accept the second reading and move to the third reading after comment. Mr. Hedrick seconded the motion. Mayor Fiedler commented this is the property known as the Mapleside Playground and reviewed the process of requesting bids and the project submitted for the area. He called for questions or comments. There were none, and the motion to accept the second reading was unanimously approved.
Ordinance No. 3514 was presented in Title only for its third reading and was unanimously adopted.
Ordinance No. 3515 entitled, “AN ORDINANCE TO REPEAL AND REENACT, WITH AMENDMENTS, SECTION 8 (a), 8(b), 9(a), 9(b), 9(c), 9(d), 9(e), 9(f), 9(g), 9(h), 9(i), 9(j), 9(k), 9(1), 10, 11, 12, 13, 14(a) and 14(b) OF CHAPTER 21 OF THE CODE OF THE CITY OF CUMBERLAND (1991 EDITION), ENTITLED ‘PERSONNEL’ ”, was presented in Title only for its first reading. Mr. Hendershot made a motion to accept the first reading and move to the second reading. Mr. Hedrick seconded the motion, and it was unanimously approved.
Ordinance No. 3515 was presented in Title only for its second reading. Mr. Hendershot made a motion to accept the second reading and move to the third reading after comment. Mr. Hedrick seconded the motion. Mr. Repp summarized the changes being made as a result of this ordinance and explained there were no positions being eliminated. Mayor Fiedler called for questions or comments. There were none, and the motion to accept the second reading was unanimously approved.
Ordinance No. 3515 was presented in Title only for its third reading and was unanimously adopted.
RESOLUTIONS
A Resolution was introduced in Title only authorizing submittal of an application to receive grant funds in the amount of $14,000 for the purpose of performing a feasibility study to determine the cost of upgrading the City’s Wastewater Treatment Facility for economic development purposes. Mr. Rephann made a motion to adopt the resolution. Mr. Hendershot seconded the motion. Mayor Fiedler gave a brief explanation and called for comments. Being none, the resolution was unanimously adopted.
ORDERS
Mayor Fiedler advised that there were eleven (11) items on the consent agenda. He asked for requests for handling any of the items separately. There were no requests.
Mr. Rephann made a motion to adopt the consent agenda. Mr. Hendershot seconded the motion and the following Orders were unanimously adopted:
Order No. 24,137 To authorize the execution of an Agreement of Sale for the purchase of property located at
Order No. 24,138 To authorize Robert Dick, Chief of Police, to execute a Grant Agreement between the Cumberland Police Department and the Allegany County Health Department for overtime enforcement, concentrating on DUI law enforcement - $5,000.00
Order No. 24,139 To accept the bid of Criswell Chevrolet, Inc. for the purchase of two (2) 2005 Chevy Trailblazers as part of the State bid. Vehicles are for use in the Water Distribution Department – Total, $42,320.00
Order No. 24,140 To declare City-owned property located at
Order No. 24,141 To authorize the Mayor to execute a Memorandum of Agreement between the City of
Order No. 24,142 To authorize the Acting City Comptroller to make payment to Sutphen Corporation as a sole source for repairs to the Cumberland Fire Department 1992 Sutphen Aerial Tower Truck - $17,509.00
Order No. 24,143 To authorize the Mayor and City Clerk to execute a Twelve Month Employment Agreement by and between the Mayor and City Council of Cumberland and Adam C. Walworth for services as a Computer Technician
Order No. 24,144 To amend the Table of Organization for the Utilities Division
Order No. 24,145 To declare City-owned property known as 314-316
Order No. 24,146 To accept the proposal of Whitman Requardt and Associates for additional engineering services for the Fort Hill Water Storage Tank Project, City Project No. 3-04-W in the estimated amount of $34,950.00
Order No. 24,147 To accept the bid of Beckwith Machinery Company for One (1) Wheel Loader for the Wastewater Treatment Plant - $101,712.00
LETTERS AND REPORTS OF COMMISSIONS, ETC., AND EMPLOYEES
The following letter was acknowledged and accepted:
1. From the U. S. Dept. of Housing & Urban Development advising of FY 2005 allocations of CDBG funds - $1,150,729.00
REQUESTS TO BE HEARD
Mayor Fiedler asked if there were requests to be heard.
1. Mr. Jack Drury, Eastern Avenue, asked if there was going to be a spring cleanup this year. Mr. Repp commented there would be a program unveiled next month where there will be a system for having bulk items picked up the second week of each month with an established rate schedule with the charge being added to the utility bill.
Mr. Drury asked if there could be a rotating schedule for the leaf collection in the fall. Mr. Repp agreed to ask the Department of Public Works to develop a rotating schedule.
2. Ms. Renee Mawhinney, North End, addressed the Mayor and City Council asking where children are allowed to skateboard and asking about the status of the planning for a skateboard park.
Mayor Fiedler said skateboarding is permitted on any sidewalk with the exception of downtown. Chief Robert Dick added that it is not permitted when they become loud and are building ramps, etc. blocking the sidewalks and disturbing the peace.
Mr. Rephann commented about the building of a skateboard park saying they are awaiting word from the State regarding an application for funding and looking at other funding options. Ms. Mawhinney asked what her family could do to help this progress forward. Mr. Rephann suggested organizing a group like they did for the BMX track to put together a program to include volunteering and funding of a park.
3. Mr. Tuccino, Pine Avenue, addressed the Mayor and Council asking for confirmation of the bid procedure for surplus property. Mayor Fiedler reviewed the process.
Mr. Tuccino asked if there was anything anyone could do to help him with the smoke problem where he lives. There was discussion of actions and meetings to date concerning this matter. Mayor Fiedler said this falls under the Health Department who is under the State, but agreed to call Delegate LeRoy Myers, Mr. Tuccino’s representative, and the State Health Officer to see if he can get some action.
Mayor Fiedler recognized students in attendance from
There were no further comments, and the meeting was adjourned.
COUNCIL ADJOURNED AT 8:30 P. M.
APPROVED JANUARY 31, 2005