City of Cumberland , Maryland
Regular Session
Council Minutes
Tuesday, April 19, 2005
The Mayor and City Council of
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 of Administrative Services; Kevin Hagerich, Director of Public Works; William Herbaugh, Fire Chief; Raquel Ketterman, Community Development Specialist; Jay Oliver, Community Development Manager; and Sharon S. Clark City Clerk.
Absent: Councilman Elliott
MINUTES:
President Fiedler called for a motion to accept the minutes from the Regular Session and the Work Session of March 24, 2005. Councilman Hedrick made a motion to accept the minutes as written. Councilman Hendershot seconded the motion, and the vote unanimously carried.
Councilman Hedrick made a motion that the minutes of the Executive Sessions held February 28, March 8, and March 24 2005, be approved as written and that the minutes of today’s meeting reflect that the Mayor and City Council met in Executive Sessions on those dates. These meetings were held to discuss pending litigation, personnel, and contractual issues in accordance with the provisions of Section 10 508 (8) (1) and (14) of the State Government Article of the Annotated Code of Maryland. Councilman Hendershot seconded the motion and the vote unanimously carried to accept the minutes as written.
REPORTS:
Routine:
1. Personnel Activity report submitted by April Howser, Human Resource Officer, for the period April 3 - 16, 2005.
2. Report of Code Enforcement submitted by Jeff Rhodes, Director of Administrative Services, for the period April 5 – 14, 2005.
3. Report of Water Filtration Plant Production submitted by Rodney Marvin, Superintendent, for the month of March, 2005.
Councilman Hedrick made a motion to accept the reports. Councilman Hendershot seconded the motion, and the vote unanimously carried.
The Regular Session was adjourned at 7:30 p.m. to conduct the following public hearing:
PUBLIC HEARING – 2005 CDBG Application/Annual Action Plan Time Line – Ms. Raquel Ketterman
Ms. Ketterman addressed the audience and Mayor and City Council briefly explaining the 2005-2009 Consolidated Plan. Handouts were available showing the funding and project recommendations.
Ms. Ketterman introduced Celeste Perilla, a FSU Intern, to explain the process followed in developing the Consolidated Plan after which Ms. Ketterman reviewed Staff funding recommendations. Requests totaled $2,319,244, with available funding being $1,150,279.
Ms. Ketterman invited written comments stating the comment period began April 4 and is through May 4, 2005, with the application to be submitted to HUD May 13th and final approved expected by July 1, 2005.
The floor was open to comments and the following addressed the Mayor and City Council making comment, thanking them for their past support, and requesting future support:
Bill Tompkins - Allegany Health Right (Dental Assistance Program)
Courtney Thomas - HRDC
Steve Harris – Comm. Unity in Action and Woman2Woman Organizations
Ms. Terri Socha of
With no further comments, the Regular Session reconvened at 7:52. P.M.
ORDINANCES AND CHARTER AMENDMENT RESOLUTIONS:
Ordinance No. 3520 entitled "AN ORDINANCE MANDATING GIVING OF PUBLIC NOTICE BY STORE OWNERS OF PROHIBITION OF REMOVING SHOPPING CARTS FROM STORE PROPERTY” 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. 3520 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 President Fiedler provided a brief explanation. Mayor Fiedler asked for questions or comments. There were none to be heard, and the motion unanimously carried.
Ordinance No. 3520 was read in Title only for its third reading and unanimously adopted.
A Charter Amendment Resolution was presented in Title Only to enlarge the corporate boundaries of the City of
The Charter Amendment Resolution was present for its second reading in Title Only. Councilman Rephann made a motion to accept the second reading and move to the third reading. The motion was seconded by Councilman Hedrick and unanimously carried. President Fiedler asked for questions or comments. There were none.
The Charter Amendment Resolution was present for its third reading and unanimously adopted.
ORDERS:
Consent Agenda:
Mayor Fiedler advised that there were eight (8) items on the consent agenda, as item number two had been tabled. He asked if there were requests for any items to be handled separately. Ms. Teri Socha requested items numbers 4, 6, 7, 8, and 9 be handled separately. Councilman Rephann made a motion to adopt consent agenda items numbers 1, 3, and 5. The motion was seconded by Councilman Hedrick and unanimously carried for adoption of consent agenda items as follows:
Order No. 24181 Accepting the bid of Billy Bender for one (1) current year model 4 x 4 crew chassis cab for use of the Public Works Department - $40,054.85
Order No. 24182 Authorizing the Mayor to execute a Private Road Grade Crossing Agreement between the City of
Order No. 24,184 Accepting the bid of Beckwith Machinery for the purchase of one (1) Backhoe for use of the sewer division of the City - $69,982.00 including 5-yr. warranty
President Fiedler asked for a motion to adopt consent agenda item number four (4). Councilman Rephann made a motion to adopt item number four on the consent agenda. Councilman Hedrick seconded the motion and President Fiedler asked for comments. Ms. Socha asked for further explanation which was provided by President Fiedler. With no further comments, the consent agenda item was unanimously adopted as follows:
Order No. 24,183 Authorizing the Mayor to sign a letter of support for the consolidation of the Memorial Hospital of Cumberland and the
President Fiedler asked for a motion to adopt consent agenda item number six (6). Councilman Rephann made a motion to adopt item number six on the consent agenda. Councilman Hendershot seconded the motion. President Fiedler provided a detailed explanation of the order and asked for questions or comments. Being none, the consent agenda item was unanimously adopted as follows:
Order No. 24,185 Rescind Orders Nos. 24,116 and 24,145 and accept the proposal of Brabson Salvage & Sons Demolition for the demolition of city surplus properties located at
President Fiedler asked for a motion to adopt consent agenda item number seven (7). Councilman Rephann made a motion to adopt item number seven (7) on the consent agenda. Councilman Hedrick seconded the motion. President Fiedler provided a detailed explanation of the order as well as the proposed development after which he asked for questions or comments.
Ms. Teri Socha expressed concerns for taxpayers who have never received tax breaks and continue to pay taxes and will never see the benefits of these projects.
President Fiedler explained there is no tax break involved with this development and with the additional tax dollars generated the entire community will benefit. He further explained the City’s total involvement is the transfer of the piece of land and that this development is the most efficient use of the property.
Councilman Rephann referenced a program in
Councilman Hendershot added there is cost to losing citizens year after year in that taxes continue to increase, and these units will mean more people paying taxes. He added there was a thorough presentation during the work session.
With no further comments, the consent agenda item was unanimously adopted as follows:
Order No. 24,186 Declaring a parcel of real estate located on James Day Drive to be surplus and accepting the proposal of Cornerstone Enterprises, LLC for development of a 62 unit town house development
President Fiedler asked for a motion to adopt consent agenda item number eight (8). Councilman Rephann made a motion to adopt item number eight (8) on the consent agenda. Councilman Hedrick seconded the motion. Mr. Repp provided a detailed explanation of the order after which the consent agenda item was unanimously adopted as follows:
Order No. 24,187 Authorizing the City Administrator to execute a Service Agreement for a biosolids land application contract between the City of
President Fiedler asked for a motion to adopt consent agenda item number nine (9). Councilman Rephann made a motion to adopt item number nine on the consent agenda. Councilman Hedrick seconded the motion. Mr. Repp provided a detailed explanation of the order. With no comments or questions the consent agenda item was unanimously adopted as follows:
Order No. 24,188 Authorizing the Mayor to execute an Assignment to acknowledge and accept the Assignment relieving the Board and Library of further obligations as partners in AllCoNet2
Presentations and Disposition of Letters, Petitions,
Applications, Proclamations, Etc:
Proclamations:
President Fiedler introduced a Proclamation declaring “Municipal Clerks Week – May 1 through May 7, 2005”. Councilman Hedrick made a motion to adopt the proclamation, seconded by Councilman Hendershot. The proclamation was unanimously adopted.
Letters:
Mr. Repp explained a letter received from Sgt. Chuck Ternent of the Cumberland Police Department concerning a JAG Program, which replaces the LLEBG Grant program. The new program does not require a public hearing; however, notice is provided to both the Mayor and City Council and the public who may submit comments to the Cumberland Police Department for the use of the funds. The City’s share of the funds is $13,740 and it is proposed to purchase eleven (11) vests for the emergency response team. The County will receive $4,955 in funding from this program.
Requests To Be Heard:
Mr. James Combs,
Mr. Combs stated, in his opinion, the City doesn’t need impact fees, but neither do they need reverse impact fees where the residents pay for services for up to 10 years for those being granted abatements.
Upon question from Mr. Combs, Mr. Price clarified a previous statement made saying that the City can only tax what the state allows and by the same token can grant abatements or exemptions based on what the state allows. Mr. Combs said he wanted to clarify the City requested the State to allow the exemptions.
Mr. Combs asked for a better understanding of how the capitalization of costs works. Mr. Repp invited Mr. Combs to meet with the Comptroller for a more detailed explanation. He did say the costs associated with the Country Club Project are accounted for. Mr. Combs asked if the costs for City employees would be used as part of the calculation to determine if the taxes generated off the property cover the cost. Mr. Repp said they would not.
Mr. Bill Taccino,
Mr. Taccino asked for explanation of the procedure for bidding on surplus properties. Mr. Repp reviewed the processes and alternatives available to the Mayor and City Council for disposing of surplus property. Mr. Taccino expressed concern of the sale of properties being handled differently. Mr. Price, City Solicitor, explained the options available to the Mayor and City Council for disposing of surplus property. President Fiedler further explained the process in particular for the old Sacred Heart Hospital Property noting that it had been advertised. Mr. Taccino said he had looked at the file and found no advertisement. He stated he would look at the file again and it was noted that it would be available to him. Councilman Hendershot repeated that there are different methods available to them in the Charter for the disposal of surplus property and that decisions are made in what they believe is in the best interest of the City.
Ms. Teri Socha addressed the Mayor and Council requesting that when work sessions are over crowed they be moved to the
Ms. Teri Socha asked that the readings of ordinances, etc. take place over two meetings giving the public time for comment and for questions to be answered rather than all three readings of documents being done at one meeting, unless they are of a timely manner where that is not possible. She complimented the Community Development staff in posting information on the web site providing a fairly extensive period of time for comments.
A friend of Mr. Taccino’s addressed the Mayor and Council about the seriousness of the smoke problem he is experiencing and the need for it to be dealt with. She asked for someone to do something.
Mr. Combs again addressed the Mayor and Council asking for public notices and agendas to be posted on the web site. He was made aware that they are presently being posted and where they can be found.
With no further comments, the meeting adjourned at 8:38 p.m.
Approved May 17, 2005
Lee N. Fiedler, Mayor
Attest:
Sharon S. Clark
City Clerk