City of Cumberland , Maryland
Regular Session
Council Minutes
Tuesday, May 31, 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; Vicki Swink, Development Coordinator; and Sharon S. Clark City Clerk.
MINUTES:
President Fiedler called for a motion to accept the minutes from the Regular Session of May 17, 2005 and the Work Session of April 19, 2005. Councilman Elliott made a motion to accept the minutes as written. Councilman Hedrick seconded the motion, and the vote unanimously carried.
UNFINISHED BUSINESS:
Councilman Elliott made a motion to bring Ordinance No. 3524 to the table, seconded by Councilman Hedrick, and unanimously accepted.
ORDINANCE NO. 3524 entitled “AN ORDINANCE TO REPEAL AND REENACT, WITH AMENDMENTS, SECTION 24-86 OF THE CODE OF THE CITY OF
Mayor Fiedler asked for comments. Mr. Repp, City Administrator, commented that this ordinance, on the agenda for the third reading, establishes the water rates for Fiscal Year 2006 with the rates being those recommended by Whitman, Requardt, and Associates who performed a rate study for the City. He further explained the difference between the old rate structure and this rate structure.
Mr. James Combs,
There were no further comments. Mayor Fiedler called for the vote on the second reading of the ordinance, and it was unanimously approved.
Ordinance No. 3524 was presented in Title only for its third reading and unanimously adopted.
REPORTS:
Routine:
1. Personnel Activity report submitted by April Howser, Human Resource Officer, for the period May 15 – May 28, 2005
2. Water Filtration Production report submitted by Rodney Marvin, Superintendent, for the month of April, 2005
3. Police Department Monthly Report submitted by Chief Robert Dick for the month of April, 2005
4. Fire Department Monthly Report submitted by William Herbaugh, Fire Chief, for the month of April, 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:
Proclamations:
A Proclamation designating June 7, 2005 “National Hunger Day” was presented. Councilman Hendershot made a motion to adopt the proclamation, seconded by Councilman Hedrick, and unanimously accepted.
The proclamation was presented to Ms. Diana Loar, Executive Director of the Western Maryland Food Bank.
The Regular Session of the Mayor and City Council was adjourned at 7:02 P.M. in order to conduct the following public hearings:
Constant Yield Tax Rate:
Jeffrey Repp, City Administrator, opened the public hearing giving background on the need for the hearing and explaining the constant yield tax rate. With the tax rate being established at the same rate as Fiscal Year 2005 (.9479), but being more than the constant yield tax rate, a public hearing is required to hear public comment. Mayor Fiedler commented on the increase in the assessable base as a result of new construction, improvements, and the increasing value of homes in the area with the expectation of further construction and a higher assessable base in the next couple years. Mayor Fiedler asked for questions or comments. There were none.
At 7:04 P.M. the following public hearing was conducted:
Hotel/Motel Funding Requests:
Mayor Fiedler opened the public hearing explaining that funds expected to be received are approximately $105,000. Requests for funding were received by individuals representing the following organizations:
ACIT Tournament 3,800
Allegany Arts Council 5,000
Allegany
Books Alive 1,000
Bishop Walsh Invitational Tournament 2,000
C&O Canalfest 5,000
Cumberland Theatre 5,500
Downtown Development Commission 9,080
Economic Development Commission 11,600
Great Allegany Run 1,000
Historical Society 5,000
Miss Cumberland Pageant 2,600
New Embassy Theatre 5,000
With no further request or comments, the public meeting reconvened at 8:07 P.M.
ORDINANCES AND CHARTER AMENDMENT RESOLUTIONS:
Ordinance No. 3526 entitled “AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF CUMBERLAND, MARYLAND, ENTITLED "AN ORDINANCE TO PROVIDE FOR THE ISSUANCE OF PERMITS FOR THE PLACEMENT OF DUMPSTERS IN THE CITY OF CUMBERLAND AND THE SETTING OF CERTAIN MINIMUM STANDARDS WITH RESPECT TO THE USAGE OF DUMPSTERS IN THE CITY AND PROVIDING FOR PENALTIES FOR THE VIOLATION THEREOF” was introduced in Title only.
Councilman Rephann made a motion to approve the first reading and move to the second reading. The motion was seconded by Councilman Hendershot and unanimously approved.
Ordinance No. 3526 was introduced in Title only for its second reading. Councilman Elliott made a motion to approve the second reading and move to the third reading after comment. The motion was seconded by Councilman Hendershot after which Mr. Repp, City Administrator, provided a brief explanation. Mayor Fiedler asked for questions or comments.
Ms. Teri Socha of
Mr. Jeffrey Hutter of
The motion to approve the second reading and move to the third reading was unanimously accepted.
Ordinance No. 3526 was read in Title only for its third reading and unanimously adopted.
Ordinance No. 3527 entitled “AN ORDINANCE TO REPEAL AND REENACT, WITH AMENDMENTS, SECTION 24-151 (b) OF THE CODE OF THE CITY OF
Ordinance No. 3527 was read in Title only for its second reading. Councilman Elliott made a motion to approve the second reading and move to the third reading after comment. Councilman Hendershot seconded the motion after which Mr. Repp provided a brief explanation of the new rates being adopted by the ordinance. Mayor Fiedler asked for questions. Being none, Mayor Fiedler called for the vote and the motion was unanimously approved.
Ordinance No. 3527 was read in Title only for its third reading and unanimously adopted.
Ordinance No. 3531 entitled “AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF
Councilman Elliott made a motion to approve the first reading. Councilman Hedrick seconded the motion. The first reading was approved on a vote of four to one with Councilman Rephann voting in opposition.
The Ordinance was tabled for two weeks.
Ordinance No. 3532 entitled “AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF CUMBERLAND TO PROVIDE APPROPRIATIONS FOR VARIOUS SPECIAL PURPOSE FUNDS FOR THE FISCAL YEAR BEGINNING JULY 1, 2005, AND ENDING JUNE 30, 2006” was introduced in Title only. Mr. Repp made note of a correction in the ordinance. Councilman Rephann asked for explanation of what was included in the ordinance. Mr. Repp provided the requested information.
Councilman Elliott made a motion to approve the first reading and move to the second reading. Councilman Hendershot seconded the motion. The first reading was approved on a vote of four to one with Councilman Rephann voting in opposition.
The Ordinance was tabled for two weeks.
Ordinance No. 3528 entitled “AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF CUMBERLAND TO PROVIDE FOR AN APPROPRIATION FOR THE WATER FUND FOR THE FISCAL YEAR BEGINNING JULY 1, 2005, AND ENDING JUNE 30, 2006” was introduced in Title only.
Councilman Elliott made a motion to approve the first reading and move to the second reading after comment. Councilman Hendershot seconded the motion, and the first reading was unanimously approved.
Ordinance No. 3528 was read in Title only for its second reading. Councilman Hendershot made a motion to approve the second reading and move to the third reading after comment. Councilman Elliott seconded the motion. Mr. Repp provided a brief explanation of the ordinance. Mayor Fiedler asked for questions or comments. There were none.
Councilman Elliott made a motion to table the ordinance for two weeks, seconded by Councilman Hendershot, and unanimously approved.
Ordinance No. 3529 entiteld “AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF CUMBERLAND TO PROVIDE FOR AN APPROPRIATION FOR THE SEWERAGE FUND FOR THE FISCAL YEAR BEGINNING JULY 1, 2005, AND ENDING JUNE 30, 2006” was introduced in Title only.
Councilman Hendershot made a motion to approve the first reading and move to the second reading. Councilman Elliott seconded the motion, and it was unanimously approved.
Ordinance No. 3529 was read in Title only for its second reading. Councilman Hendershot made a motion to approve the second reading and move to the third reading after comment. Councilman Hedrick seconded the motion, and it was unanimously approved.
Mr. Repp provided explanation of the ordinance. Mayor Fiedler asked for questions or comments. There were none.
Councilman Elliott made a motion to table the ordinance for two weeks. Councilman Hendershot seconded the motion and it was unanimously approved.
Ordinance No. 3533 entitled “AN ORDINANCE OF THE MAYOR AND CITY COUNICL OF
Councilman Elliott made a motion to approve the first reading and move to the second reading. Councilman Hedrick seconded the motion. The first reading passed on a vote of four to one with Councilman Rephann voting in opposition.
The ordinance was tabled for two weeks.
Ordinance No. 3530 entitled “AN ORDINANCE TO REPEAL AND REENACT, WITH AMENDMENTS, SECTION 21-8.1 (a) OF CHAPTER 21 OF THE CODE OF THE CITY OF CUMBERLAND (1991 EIDITON) PROVIDING FOR THE SETTING AND COLLECTION OF RATES FOR REFUSE COLLECTION WITHIN THE CITY OF CUMBERLAND” was introduced in Title only.
Councilman Elliott made a motion to approve the first reading and move to the second reading. Councilman Hedrick seconded the motion, and it was unanimously approved.
Ordinance No. 3530 was read in Title only for its second reading. Councilman Elliott made a motion to approve the second reading and move to the third reading after comment. Councilman Hedrick seconded the motion. Mr. Repp provided explanation of the ordinance. Councilman Hendershot asked of the hauler has the ability in his contract with the City to raise his fees. Mr. Repp stated he has the ability to request an increase during the two one-year renewal options of the contract. The request must be approved by the Mayor and City Council. Mayor Fiedler asked for questions or comments.
Ms. Teri Socha asked if the ordinances were being read for only the first and second readings to allow time for public review and comment. Mayor Fiedler said that was correct. She asked if taxpayers would know about the differential prior to adoption of the ordinance. Mr. Repp commented the letter received from the county advising of the tax differential was addressed in the previous meeting. She then asked about the rates for collection which were provided.
Councilman Hendershot made a motion to table the ordinance for two weeks. Councilman Elliott seconded the motion, and it was unanimously approved.
Ordinance No. 3534 entitled “AN ORDINANCE TO REPEAL AND REENACT, WITH AMENDMENTS, SECTION 5-208 (b) OF THE CODE OF THE CITY OF CUMBERLAND (1991 EDITION) PROVIDING FOR THE SETTING OF A REGISTRATION FEE FOR RENTAL UNTS IN THE CITY OF CUMBERLAND” was introduced in Title only.
Councilman Elliott made a motion to approve the first reading and move to the second reading. Councilman Hendershot seconded the motion, and the first reading was approved on a vote of four to one with Councilman Hedrick voting in opposition.
The ordinance was tabled for two weeks.
ORDERS:
Consent Agenda:
Mayor Fiedler advised that there were Seven (7) items on the consent agenda. He asked if there were requests for any items to be handled separately.
Ms. Teri Socha,
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. 24203 Authorizing Jeffrey E. Repp, City Administrator, to execute a Grant from the Tony Hawk Foundation to assist in the construction of a non-profit
Order No. 24,204 Rescind Order No. 24,166 and accept the proposal of Criswell Chevrolet for One (1) 2006 model dump truck - $39,035.76
Order No. 24,205 Authorizing Jeffrey E. Repp, City Administrator, to execute documents for CareFirst Blue Cross Blue Shield for rates effective July 1, 2005
Order No. 24,206 Making appointments to the Downtown Development Commission
Order No. 24,207 Establishing Dumpster Permit Fees
Order No. 24,208 Authorizing Jeffrey E. Repp, City Administrator, to execute a Grant Agreement between the Dept. of Housing and Urban Development and the City of
Order No. 24,209 Accepting the proposal of ARK Systems, Inc. for a Card Access Security System for the
Requests To Be Heard:
Mr. Jeff Hutter, President of the Landlord Association, addressed the Council requesting a modification to the rental program going to a complaint driven system. Mr. Repp advised the Council discussed in work session reviewing the housing code over the next six to twelve months at which time this issue would be addressed. Mr. Hutter also commented on the Outreach Program relating to the grant agreement to be executed with the Department of Housing & Urban Development and his efforts with Darrel Lee Powell on this project.
Ms. Terri Socha,
Ms. Socha questioned a fund transfer made from the water fund to the general fund. Mayor Fiedler said this is a normal accounting practice and explained the reasoning.
Mayor Fiedler commented that the fixed income person is likely to see a reduction in their water bill due to elimination of the block billing.
With no further comments, the meeting adjourned at 8:45 P.M.
Approved June 14, 2005