City of Cumberland, Maryland

Regular Session

Council Minutes

Tuesday, April 5, 2005

            The Mayor and City Council of Cumberland, Maryland, met in Regular Session on Tuesday, April 5, 2005, in the Council Chambers of City Hall.   Mayor Fiedler called the meeting to order at 7:35 p.m.

INVOCATION – Councilman Hendershot

PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES

CALL OF ROLL:

            Present: Mayor Fiedler, Councilmen 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/Administrative Services; Kevin Hagerich, Director/Public Works; William Herbaugh, Fire Chief; Vickie Swink, Economic Development Specialist; and Sharon S. Clark, City Clerk.

            Absent:  Councilman Elliott

MINUTES:

            President Fiedler called for a motion to accept the minutes from the Regular Session of March 24, 2005.  Councilman Rephann 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 20 through April 2, 2005.

            2. Report of Code Enforcement submitted by Jeff Rhodes, Director of Administrative Services, for the period March 19 to March 31, 2005.

            3.  Report of Cumberland Police Department submitted by Chief Robert Dick for the months of January and February, 2005.

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

Presentations and Disposition of Letters, Petitions,

Applications, Proclamations, Etc:

            A proclamation dedicating May, 2005 as “Let’s Beautify Cumberland Month” was presented and read.  Councilman Hendershot made a motion to adopt the proclamation, Councilman Hedrick seconded, and the motion passed unanimously.   Mayor Fiedler commented on the progress of the LBC! Committee and thanked them for their efforts.  Councilman Hendershot recognized Paul Yockus, co-chairman of the LBC! Committee for his efforts over the past ten years on behalf of Cumberland.  Mr. Yockus commented on the efforts of the group and thanked Mr. Ed Mullaney for his efforts as well as the Mayor and Council for their support

♦Regular session adjourned at 7:45 p.m. to conduct a public hearing on the following:

Annexation of property into the corporate boundaries of the City of Cumberland – 368.4 acres east of Cumberland lying contiguous to the corporate limits of the City of Cumberland near Country Club Road and Christie Road.

Jeff Repp, City Administrator, entered eight items into the public record:

1.         Council Order #21,469 and annexation agreement dated July 25, 1989

2.         Council Order #23,593 and annexation agreement dated October 22, 2001 and supplemental pre-annexation agreement dated June 4, 2004

3.         Introductory Annexation Resolution (2004)

4.         Elklick Development, LLC letter dated February 21, 2005

5.         “Outline for Extension of Services and Public Facilities Letter” to County Commissioners, MD State Office of Planning and Tri-County Council, dated March 2, 2005

6.         Map of area to be annexed, dated February 3, 2005

7.         Notice of Public Hearing (02/25, 03/04, 03/11; 03/18)

8.         Registered Voters Consent to Annexation

The Mayor opened the hearing to comments:

Joyce Streett, Country Club Road, read a prepared statement raising several questions regarding tax exemptions for the property, ambulance service, fire issues, street maintenance issues, and the involvement of the FOP Lodge, which is located in the area to be annexed.  She further requested that the Mayor and Council take a closer look at why they are annexing and the annexation process being used.

Carl Mallow, Baltimore Pike area, questioned the tax assessment of the Cumberland Country Club annexation and Mr. Repp advised that the City had no control over the tax assessment – that would be handled through the state.  He said the City had every expectation that the Turano property would be developed, thereby increasing the City tax base.  In response to questioning, Mr. Repp advised that state law provides that within an annexation section the City may enter into development agreements with properties being enticed or brought into the city.  Mr. Repp advised that the County operates the Bedford Road Sanitary District and would therefore be responsible for the current bond issue in that area.

 The regular session reconvened at 8:00 p.m.

 RESOLUTIONS:

            A Resolution was introduced and read in Title only, granting consent to the Allegany County Commissioners to submit an application for the expanded area designation of an enterprise zone within and adjacent to the corporate limits of the City of Cumberland.  Councilman Rephann made a motion to adopt the Resolution.  Councilman Hendershot seconded the motion after which Mr. Repp provided a brief explanation of the County’s intent to expand the geographic area of the enterprise zone along I68 into the area discussed during the public hearing.  Mayor Fiedler asked for comments.  As there were none, he called for the vote and the Resolution was unanimously adopted.

ORDINANCES AND CHARTER AMENDMENT RESOLUTIONS:

            Ordinance No. 3519 entitled “An Ordinance to provide for the leasing of a certain parcel of real property known as 558-560, 606, 620-622 North Mechanic Street, Cumberland, Allegany County, Maryland,” was introduced and read in Title only.  Councilman Rephann made a motion to accept the first reading and move to the second reading.  Councilman Hedrick seconded the motion and it unanimously carried.

            Ordinance No. 3519 was read in Title only for its second reading.  Councilman Rephann made a motion to accept the second reading and move to the third reading after comment.  Councilman Hedrick seconded the motion after which Mayor Fiedler explained that the City owned the right of way to this property and the ordinance was addressing the lease arrangement between the City and Craig Knippenberg.  Mayor Fiedler asked for questions or comments.  There were none, and the motion unanimously carried.

            Ordinance No. 3519 was read in Title only for its third reading and was unanimously adopted.

ORDERS:

    Consent Agenda:

             Mayor Fiedler advised that there were two (2) items on the consent agenda.  As there were no requests for items to be handed separately, Councilman Rephann made a motion to adopt consent agenda items numbers 1 and 2.  The motion was seconded by Councilman Hendershot and unanimously carried for the adoption of items as follows:

               Order No. 24,178 -  Accepting the proposal of Synagro for removal and transportation of biosolids from the Cumberland Wastewater Treatment Plant to Mountainview Landfill in an amount not to exceed $15,000.

               Order No. 24,170 -  Authorizing the Mayor to execute an Encroachment Agreement between the City of Cumberland and Uriel E. and Beatriz Valendia, 1022 Bishop Walsh Road.

Presentations and Disposition of Letters, Petitions,

Applications, Proclamations, Etc:

            A proclamation designating April, 2005 as “Municipal Government Month” was presented and read.  Councilman Hendershot made a motion to accept the proclamation, Councilman Hedrick seconded and the motion passed unanimously. 

Requests To Be Heard:

            Mr. James Combs, Winifred Road, in reference to the tax exemptions for the Cumberland Country Club annexation, said he agreed with the Mayor and Council on the need to expand, but not at the detriment of the average citizens of the city.  Mayor Fiedler commented that the tax incentives would pay off down the road for the city and should have been implemented 20 years ago. 

Mr. Combs questioned why the retention pond for the Shades Lane development had not been completed.  There was discussion on the City’s accounting of cost allocations for development projects and Mr. Repp advised Mr. Combs that there would be documentation of the allocations.  Councilman Rephann commented that it was clear that the incentives the city was offering were encouraging development.  Mr. Price clarified that the City was not creating tax policy, but only following through on what was legislated by the state.

 Bernie Miltenberger, 294 Eastern St, Frostburg, MD – As the new president of the Pure Water Committee of Western Maryland, Mr. Miltenberger said he intended to take an educational approach to understanding the issues surrounding fluoride, rather than adopting a polar-opposing view point.  As such, Mr. Miltenberger has urged individuals with PhD’s and medical licenses to come to town and discuss fluoridation.  He introduced Dr. Paul Connett from New York, who teaches chemistry at St. Lawrence University and specializes in environmental chemistry and toxicology.  Dr. Connett shared some findings on fluoridation in the hope that the City would be ready for new developments when they arise.

            With no further comments, the meeting adjourned at 8:28 P.M.

Approved May 17, 2005

Mayor Lee Fiedler

Attest:

Sharon S. Clark

City Clerk