Regular Session March 24, 2005

City of Cumberland, Maryland

Regular Session

Council Minutes

Thursday, March 24, 2005

           

                                                                                                                       

                                                                                               

            The Mayor and City Council of Cumberland, Maryland, met in Regular Session on Thursday, March 24, 2005, in the Council Chambers of City Hall.   Mayor Fiedler called the meeting to order at 9:08 A.M.

 

 

INVOCATION – Councilman Hendershot

PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES

CALL OF ROLL:

            Present: Mayor Fiedler, Councilmen Elliott, Hedrick, Hendershot, and Rephann.  Department Heads and/or Officials present were Jeffrey E. Repp, City Administrator; H. Jack Price, Jr., City Solicitor;  Jeffrey Rhodes, Director of Administrative Services; Kathy McKenney, Historic Planner; and Sharon S. Clark City Clerk.

MINUTES:

            President Fiedler called for a motion to accept the minutes from the Regular Session and the Work Session of March 8, 2005.  Councilman Elliott made a motion to accept the minutes as written.  Councilman Hedrick seconded the motion, and the vote unanimously carried.

REPORTS:

Routine:

1.  Personnel Activity report submitted by April Howser, Human Resource Officer, for the period March 5 through 19, 2005.

            2. Report of Code Enforcement submitted by Jeff Rhodes, Director of Administrative Services, for the period March 5 through 18, 2005.

            3.  Report of Water Filtration Plant Production submitted by Rodney Marvin, Superintendent, for the month of February, 2005.

            Councilman Elliott made a motion to accept the reports, Councilman Hedrick seconded the motion, and the vote unanimously carried.

 

ORDINANCES AND CHARTER AMENDMENT RESOLUTIONS:

            Ordinance No. 3518 entitled “AN ORDINANCE TO PROVIDE FOR THE INTRODUCTION OF AN ORDINANCE FOR THE CLOSING OF A RIGHT-OF-WAY LOCATED ALONG FAYETTE STREET ADJOINING 15 JOHNSON STREET, IN THE CITY OF CUMBERLAND, MARYLAND; AND FOR THE APPOINTMENT OF COMMISSIONERS TO AWARD COMPENSATION OR TO ASSESS BENEFITS TO ANY PERSON, FIRM OR CORPORATION OWNING PROPERTY ON SAID RIGHT OF WAYS, OR PORTIONS THEREOF, WHICH MAY BE CLOSED, WHO MAY BE AFFECTED THEREBY” was introduced and read in Title only.  Councilman Elliott made a motion to accept the first reading and move to the second reading.  Councilman Hendershot seconded the motion and it unanimously carried.

            Ordinance No. 3518 was read in Title only for its second reading.  Councilman Elliott made a motion to accept the second reading and move to the third reading after comment.  Councilman Hendershot seconded the motion after which Mr. Repp, City Administrator, provided a brief explanation.  Mayor Fiedler asked for questions or comments.  There were none to be heard, and the motion unanimously carried.

            Ordinance No. 3518 was read in Title only for its third reading and unanimously adopted.

RESOLUTIONS:

 

            A Resolution was introduced and read in Title only supporting the Maryland Department of Housing and Community Development Neighborhood Businessworks Program Funding to Tri-County Council of Western Maryland for rehabilitation of 37-45 Baltimore Street.  Councilman Hendershot made a motion to adopt the Resolution.  Councilman Elliott seconded the motion after which Mr. Repp, City Administrator, provided a brief explanation.  Mayor Fiedler asked for comments.  Being none, he called for the vote and the Resolution was unanimously adopted.

 

ORDERS:

            Consent Agenda:

 

             Mayor Fiedler advised that there were nine (9) items on the consent agenda and asked if there were requests for any item to be handled separately.  Mr. James Combs requested to hold items numbers five (5) and six (6).  Councilman Rephann made a motion to adopt consent agenda items numbers 1, 2, 3, 4, 7, 8, and 9.  The motion was seconded by Councilman Hendershot and unanimously carried for adoption of consent agenda items as follows:

         Order No. 24,169 Appointing Gregory H. Getty to the Historic Preservation and Development Commission

 

         Order No. 24,170 Authorizing the Mayor and City Clerk to execute an Agreement between the Mayor and City Council of Cumberland and Riverside BMX LLC – “BMX Facility Long-term User Agreement.

        

         Order No. 24,171 Authorizing the Mayor to execute an Amendment to Business Associate Agreement between the Mayor and City Council of Cumberland and Carter Professional Services, Inc., to perform billing and claims service for the Cumberland Fire Department Ambulance Service

 

         Order No. 24,172 Accepting the bid of The Faux Group, Inc. for the Virginia Avenue Corridor Redevelopment Plan Project - $39,900.00

 

         Order No. 24,175 2004-05 Real Estate Tax abatement for the property known as Baltimore Avenue Apartments - $33,927.23

 

         Order No. 24,176 Real Estate Tax Abatements and Water/Sewer Abatements for properties acquired by the City of Cumberland at the 2003 Tax Sale – taxes $900.95; water/sewer charges $6,250.41

 

         Order No. 24,177 Personal Property Tax Abatements for trailers previously located at Bauer Trailer Court in the City - $1,870.26

 

         Mayor Fiedler asked for a motion to adopt consent agenda item number five (5) accepting the bid of L/B Water Service for pipe and fittings for the Cumberland Country Club Water Line Project.  Councilman Elliott made a motion to adopt the order, seconded by Councilman Hendershot. 

         Mayor Fiedler asked for comments or questions.  Mr. James Combs, Winifred Road, Cumberland, asked if the cost reflected by the Order was for only materials; which Mr. Repp confirmed.  Mr. Combs asked about possible sub-contracting for crossing the bridge.  Mr. Repp replied that if it would be going across the bridge the City would do that; however, they would be going under the stream which would be more appropriate to avoid freezing activity, etc.  Upon question, Mr. Repp clarified that the installation of materials for the project, other than sub-contracting for going under the stream, will be done by City employees.

         With no further comments to be heard, Mayor Fiedler called for the vote and the following order was unanimously adopted:

         Order No. 24,173 Accepting the bid of L/B Water Service for pipe and fitting for the Cumberland Country Club Water Line Project - $101,485.52

 

         Mayor Fiedler asked for a motion to adopt consent agenda item number six (6) abating City Real Estate taxes on City-owned property located at 1 Navy Way.  Councilman Elliott made a motion to adopt the order, seconded by Councilman Hendershot. 

         Mayor Fiedler asked for comments or questions.  Mr. James Combs, Winifred Road, asked the reason for the abatement of taxes on this property since the City leases the property.  Mr. Price answered that technically the lease amount includes the taxes, but the bill comes to the City as the owner of the property and is abated.  He further explained funds from the lease as well as taxes are deposited into the general fund.

         With no further comments to be heard, Mayor Fiedler called for the vote, and the following order was unanimously adopted:

         Order No. 24,174 2004-05 Real Estate Tax abatement for the property known at 1 Navy Way - $6,932.62

 

 

Presentations and Disposition of Letters, Petitions,

Applications, Proclamations, Etc:

 

            Letters:

1.            The Allegany County Dept. of Community Services advising of a workshop to be conducted for participation in Program Open Space funding and advising the deadline for applying for FY 2006 funding is May 13, 2005.

 

2.            Kevin Bell, Cumberland Partners, LP, presenting funds donated in the name of “The Cascades Project” collected through project workers for the Cumberland Community Betterment Program.  Mr. Repp commented the amount received was approximately $350.00

 

 

Requests To Be Heard:

 

            Mr. Michael Mudge, 101 Oak Street, Cumberland, thanked the Mayor and Council for adopting the order awarding the bid to the Faux Group for the Virginia Avenue Corridor Design and Redevelopment Plan Project.  He elaborated on the need for the work and involvement of and partnership between the Chapel Hill West Neighborhood Association, the Virginia Avenue Betterment Committee and the City.

Mr. James Combs, Winifred Road, Cumberland, asked the status of the audit.  Mr. Repp responded that all work papers will be to the auditor by the end of the month, and the audit will be completed by June 30th which is the State approved deadline.

            With no further comments, the meeting adjourned at 9:30 a.m.

 

                                                  Approved April 5, 2005