City of Cumberland , Maryland
Regular Session
Council Minutes
Tuesday, May 17, 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 Elliott, Hedrick, Hendershot, and Rephann. Department Heads and/or Officials present were Jeffrey E. Repp, City Administrator; H. Jack Price, Jr., City Solicitor; Kevin Hagerich, Director of Public Works; William Herbaugh, Fire Chief; and Sharon S. Clark City Clerk.
MINUTES:
President Fiedler called for a motion to accept the minutes from the Regular Sessions of April 5, and 19, Special Session of April 8, and the Work Session of April 5, 2005. Councilman Hedrick made a motion to accept the minutes as written. Councilman Hendershot seconded the motion, and the vote unanimously carried.
Councilman Elliott made a motion that the minutes of the Executive Session held Tuesday, April 5, 2005, 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 vote of 4 to 0 to discuss economic development matters in accordance with the provision of Section 10 508 (4) 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 17 – May 14, 2005.
2. Report of Code Enforcement submitted by Jeff Rhodes, Director of Administrative Services, for the period April 19 – May 11, 2005.
3. Police Department Monthly Report submitted by Chief Robert Dick for the month of March, 2005.
Councilman Hendershot made a motion to accept the reports. Councilman Hedrick seconded the motion, and the vote unanimously carried.
Presentation – Preservation Award
Ms. Kathy McKenney, Historic Planner introduced Mr. Doug Macy, Vice-Chairman of the Historic Preservation Commission, who gave a brief overview of Historic Preservation Month and presented the Commercial Historic Preservation Award to the recipient, Town Center Development Group, LLC., owners of 86 Baltimore Street. He also gave a brief explanation of the scope of the project which houses Mark’s Daily Grind on the first and second floors and Chaney Architects on the 3rd floor.
Mr. Michael Mudge, along with members of the Chapel Hill West Neighborhood Association, presented the Mayor and City Council with a check in the amount of Five Thousand Dollars ($5,000.00) as their contribution from residents and through fund raisers for the Virginia Avenue Design and Redevelopment Plan. Several members of the Association expressed their appreciation for the Council’s support in this undertaking.
ORDINANCES AND CHARTER AMENDMENT RESOLUTIONS:
Ordinance No. 3521 entitled “AN ORDINANCE TO PROVIDE 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 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. 3521 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 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. 3521 was read in Title only for its third reading and unanimously adopted.
Ordinance No. 3522 entitled “AN ORDINANCE AUTHORIZING THE ACQUISITION OF 230 GLENN STREET, CUMBERLAND, ALLEGANY COUNTY, MARYLAND, FOR THE PURPOSE OF BLIGHT REMOVAL AS AUTHORIZED BY THE PROVISIONS OF ARTICLE 23A, SECTION 2 (37) OF THE ANNOTATED CODE OF MARYLAND AND EMPOWERING THE CITY SOLICITOR, IF NECESSARY, TO INITIATE PROCEEDINGS IN THE CIRCUIT COURT FOR ALLEGANY COUNTY, MARYLAND TO ACQUIRE TITLE TO SAID PROPERTY IN ACCORDANCE WITH THE EMINENT DOMAIN LAWS OF THE STATE OF MARYLAND” was introduced and read in Title only. Councilman Elliott 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. 3522 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 Hedrick 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. 3522 was read in Title only for its third reading and unanimously adopted.
Ordinance No. 3523 entitled “AN ORDINANCE TO AUTHORIZE THE EXECUTION OF A DEED FOR THE PURPOSE OF CONVEYING TO CORNERSTONE ENTERPRISES, LLC CERTAIN SURPLUS PROPERTY LOCATED IN THE CITY OF 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. 3523 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 Mr. Repp, City Administrator, provided a brief explanation for the conveyance of the property. Mayor Fiedler asked for questions or comments. There were none to be heard, and the motion unanimously carried.
Ordinance No. 3523 was read in Title only for its third reading and unanimously adopted.
Ordinance No. 3524 entitled “AN ORDINANCE TO REPEAL AND REENACT, WITH AMENDMENTS, SECTION 24-86 OF THE CODE OF THE CITY OF
Ordinance No. 3524 was read in Title only for its second reading. Councilman Hendershot made a motion to accept the second reading and move to the third reading after comment. Councilman Hedrick seconded the motion. Mr. Repp provided a brief explanation of the process leading up to the introduction of the ordinance establishing the water rates which will be effective July 1, 2005.
Councilman Elliott made a motion to table the Ordinance for two weeks. Councilman Hendershot seconded the motion and it was unanimously accepted.
Ordinance No. 3525 entitled “AN ORDINANCE TO AMEND THE CUMBERLAND CITY CODE BY ADDING THEREIN A NEW CHAPTER 26 ENTITLED ‘CABLE TELEVISION’ FOR THE PURPOSE OF SETTING FORTH MINIMUM REGULATIONS, TERMS AND CONDITIONS UNDER WHICH CABLE TELEVISION OPERATORS MAY USE AND OCCUPY THE PUBLIC RIGHTS-OF-WAY OF THE CITY OF CUMBERLAND, MARYLAND; ESTABLISHING A FRAMEWORK UNDER WHICH CABLE TELEVISION SYSTEMS SHALL BE CONSTRUCTED, OPERATED, MAINTAINED AND REGULATED WHEN UTILIZING THE PUBLIC RIGHTS-OF-WAY; AUTHORIZING THE GRANTING OF ONE OR MORE NON-EXCLUSIVE FRANCHISES FOR CABLE SERVICES WITHIN THE CITY OF CUMBERLAND; ESTABLISHING MINIMUM OPERATIONAL AND CUSTOMER SERVICES STANDARDS FOR CABLE TELEVISION SYSTEM OPERATORS; PROVIDING PROCEDURES FOR CABLE TELEVISION FRANCHISE APPLICATION, MODIFICATION AND RENEWAL; ESTABLISHING A CABLE TELEVISION SYSTEM FRANCHISE FEE AND APPLICATION FEE; AND GENERALLY RELATING TO THE CONSTRUCTION, REGULATION, OPERATION AND MAINTENANCE OF CABLE TELEVISION SYSTEMS IN THE CITY OF CUMBERLAND” 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. 3525 was read in Title only for its second reading. Councilman Elliott made a motion to suspend the reading, accept the portion read as the second reading, and move to the third reading after comment. Councilman Hedrick 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. 3525 was read in Title only for its third reading and unanimously adopted.
RESOLUTIONS:
A Resolution was introduced in Title only granting a property tax credit to the Western Maryland Scenic Railroad for the Tax Year 2004-05 in accordance with Section 9-301 of the tax-property article of the annotated Code of Maryland. Councilman Elliott made a motion to adopt the resolution, seconded by Councilman Rephann. Mr. Repp, City Administrator provided a brief explanation. Mayor Fiedler asked for questions or comments. Being none, the Resolution was unanimously adopted.
ORDERS:
Consent Agenda:
Mayor Fiedler advised that there were Fourteen (14) items on the consent agenda. He asked if there were requests for any items to be handled separately. There were no requests.
Councilman Elliott made a motion to adopt the consent agenda. The motion was seconded by Councilman Rephann and unanimously carried for adoption of the consent agenda as follows:
Order No. 24,189 Authorizing the Mayor to execute an Encroachment Agreement between the Mayor and City Council and Matthew Allaway for encroachment into McDonald Terrace for a stone retention wall
Order No. 24,190 Accepting the bid of Joe Metzner, Barb’s Confection for operation of the concession at the Constitution Park Pool and Cavanaugh Field
Order No. 24,191 Accepting the bid of Riverside BMX, LLC for the operation of the concession at the Mason Recreation Area
Order No. 24,192 Adopting a Final Pay Policy for all regular full-time City employees
Order No. 24,193 Authorizing the execution of an Agreement between the Mayor and City Council and Allegany Professional Properties, LLC for City participation in improvements to a parcel at the corner of
Order No. 24,194 Accepting the bid of Thomas Construction, LLC, for construction of an Alternate Coagulant Containment Structure - $15,138.75
Order No. 24,195 Declaring computer equipment to be surplus equipment
Order No. 24,196 Authorizing Chief Robert J. Dick, to execute a Local Management Board Grant between the City Police Department and the Local Management Board of Allegany County, Inc. for P.L.A.Y. Program
Order No. 24,197 Authorizing the Mayor to execute and submit an Application for CDBG Entitlement Funds for FY 2005-2006 - $1,150,279.00
Order No. 24,198 Accepting the proposal of Hagemeyer (Tri-State Electric) for the purchase of a motor control system - $15,450.00
Order No. 24,199 Authorizing the City Administrator to execute an Inter-Governmental Agreement between the City and
Order No. 24,200 Authorizing Chief Robert J. Dick, to execute a Grant Agreement between the Cumberland Police Department and the Allegany County Health Department for overtime for police officers - $3,000
Order No. 24,201 Authorizing the Mayor to execute a Community Legacy Program Agreement for funding the Community Legacy project entitled “Rehabilitation/Code Compliance Program – Rolling Mill District - $125,000.00
Order No. 24,202 Accepting the proposal of Process/Kana, Inc. for a Coagulant Storage Tank at the Water Filtration Plant - $13,692.00
Presentations and Disposition of Letters, Petitions,
Applications, Proclamations, Etc:
Proclamations:
A Proclamation was introduced declaring “Emergency Medical Services Week” May 15 through 21, 2005. Councilman Hendershot made a motion to adopt the proclamation, seconded by Councilman Hedrick. The proclamation was unanimously adopted and presented to Chief William Herbaugh, Fire Chief.
A Proclamation was introduced declaring “Public Works Week” May 15 through May 21, 2005. Councilman Elliott made a motion to adopt the proclamation, seconded by Councilman Hedrick. The proclamation was unanimously adopted and presented to Kevin Hagerich, Public Works Director.
Letters:
The following letter was presented:
1. From Jerry L. Frantz, Director of Finance Allegany County – Tax Differential worksheets for FY 2006. Rates: Real Property 0.0698
Personal Property 0.1745
Requests To Be Heard:
Mr. Michael Mudge commended Councilman Hendershot for his prayer in opening the meeting.
Ms. Melanie Michael, representing CRIMA, thanked the Mayor and City Council for the Community Legacy grant. She also made the Council aware of the success of their neighborhood organization’s recent planting project.
With no further comments, the meeting adjourned at 8:12 p.m.
Approved May 31, 2005