City of Cumberland, Maryland

Regular Session

Council Minutes

Tuesday, June 14, 2005

            The Mayor and City Council of Cumberland, Maryland, met in Regular Session on Tuesday, June 14, 2005, in the Council Chambers of City Hall.   Mayor Fiedler called the meeting to order at 7:33 P.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; Kevin Hagerich, Director of Public Works; and Sharon S. Clark City Clerk.

MINUTES:

            President Fiedler called for a motion to accept the minutes from the Regular Session of May 31, 2005 and the Work Session of May 17, 2005.  Councilman Hendershot made a motion to accept the minutes as written.  Councilman Elliott seconded the motion, and the vote unanimously carried.

            President Fiedler called for a motion to accept the Executive Session Minutes of May 17, 2005.  Councilman Elliott made a motion that the minutes of the Executive Session held Tuesday, May 17, 2005, be approved as written and that the minutes of today reflect that the Mayor and City Council did meet in Executive Session on May 17, 2005, on a vote of five (5) to zero (0) to discuss legal matters in accordance with Section 10 508 (7) of the State Government Annotated Code of Maryland.  Councilman Hendershot seconded the motion, and the vote unanimously carried.

UNFINISHED BUSINESS:

            ORDINANCE NO.  3531 entitled “AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF CUMBERLAND, PROVIDING FOR THE ANNUAL APPROPRIATION FOR THE FISCAL YEAR BEGINNING JULY 1, 2005, AND ENDING JUNE 30, 2006,   was brought to the floor 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. 

President Fiedler asked for comments.  Mr. Repp, City Administrator, gave a brief explanation of the ordinance.

Mr. James Combs, Winifred Road, Cumberland, asked if the ordinance included a chart showing the various departments.  Mr. Repp said it specifies the dollar amounts for each area such as public works, etc. There were no further comments.  President Fiedler called for the vote on the second reading of the ordinance, and it was approved on a vote of four (4) to one (1) with Councilman Rephann voting in the negative.

Ordinance No. 3531 was presented in Title only for its third reading and adopted on a vote of four (4) to one (1) with Councilman Rephann voting in the negative.

ORDINANCE NO.  3532 entitled “AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF CUMBERLAND, TO PROVIDE FOR APPROPRIATIONS FOR VARIOUS SPECIAL PURPOSE FUNDS THE FISCAL YEAR BEGINNING JULY 1, 2005, AND ENDING JUNE 30, 2006,   was brought to the floor 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. 

President Fiedler asked for comments.  Mr. Repp, City Administrator, gave a brief explanation of the ordinance.

There were no further comments.  President Fiedler called for the vote on the second reading of the ordinance, and it was approved on a vote of four (4) to one (1) with Councilman Rephann voting in the negative.

Ordinance No. 3532 was presented in Title only for its third reading and adopted on a vote of four (4) to one (1) with Councilman Rephann voting in the negative.

ORDINANCE NO.  3533 entitled “AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF CUMBERLAND, PROVIDING FOR THE CITY TAX LEVY FOR THE FISCAL YEAR BEGINNING JULY 1, 2005, AND ENDING JUNE 30, 2006,   was brought to the floor 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. 

President Fiedler asked for comments.  Mr. Repp, City Administrator, gave a brief explanation of the ordinance.

Mr. James Combs of Cumberland ask what the reduction in revenue would have been if the tax rate had been reduced to the constant yield rate.  Mr. Repp commented that with the adoption of the ordinance $175,000 additional revenue would be generated than in the previous year.

Ms. Terri Socha, Bedford Street, Cumberland expressed concern in raising taxes, trash, and water and sewer rates.  She asked for an analysis of an article she read concerning the Council of Hagerstown where they had a study performed regarding a water and sewer impact fee when someone builds.  She ask why the City is asking existing tax payers to pay more and not asking people new to the community who are building to contribute to the cost.  President Fiedler commented that most impact fees are because an area is out of services and will have to expand in order to provide the necessary services for new construction.  He added that the City of Cumberland is in the opposite position, as we have the capacity/ability to provide 30% more water and sewer service.  Mr. Repp further explained that an impact fee, with few exceptions, is strictly utility based and is to be used for an expansion of the system in accordance with State law.

 There were no further comments.  President Fiedler called for the vote on the second reading of the ordinance, and it was unanimously approved.

 Ordinance No. 3533 was presented in Title only for its third reading and adopted on a vote of four (4) to one (1) with Councilman Rephann voting in the negative.

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 UNITS IN THE CITY OF CUMBERLAND”   was brought to the floor 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. 

President Fiedler asked for comments.  Mr. Repp, City Administrator, gave a brief explanation of the ordinance.

Mr. Harvey May, Brown Avenue, Cumberland, asked if Councilman Hedrick should not have abstained from voting on the first reading of this ordinance at the previous meeting since he is a landlord.  It was agreed.

There were no further comments.  President Fiedler called for the vote on the second reading of the ordinance, and it was approved on a vote of four (4) to one (1) with Councilman Hedrick abstaining from the vote.

 Ordinance No. 3534 was presented in Title only for its third reading and adopted on a vote of four (4) to one (1) with Councilman Hedrick abstaining from the vote.

President Fiedler reviewed that the following Ordinances had been introduced and presented for the first and second readings at the meeting of May 31, 2005, and would be brought to the table this evening with comments being accepted, a vote on the second reading, and presented for the third readings and voted on.

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 presented.  Councilman Elliott made a motion to accept the second reading and move to the third reading, seconded by Councilman Hedrick, and unanimously approved.

Mr. Repp gave a brief explanation of the ordinance after which President Fiedler asked for questions or comments.  Mr. James Combs, Winifred Road, Cumberland, asked what the average increase in water rates would be to customers.  Mr. Repp explained the effects of the increases, and stated there could either be a reduction or increase depending on the amount of water used, with the average consumption being between 3,000 – 7,000 cubic feet.  With no further comments, President Fiedler called for the vote, and the second reading was unanimously accepted.

Ordinance No. 3528 was presented for its third reading and unanimously adopted.

ORDINANCE NO. 3529 entitled “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 presented.  Councilman Hendershot made a motion to accept the second reading and move to the third reading.  Councilman Hedrick seconded the motion.

Ms. Terri Socha, Bedford Street, Cumberland, questioned the affect the new development would have on sewerage overflows.  Mr. Repp commented that no amount of development in the City would exasperate the problem of sewerage overflows and explained the reasons as well as current and future CSO plans.  Councilman Hendershot and President Fiedler also made comments.  With no further comments the second reading was unanimously accepted.

Ordinance No. 3529 was presented for its third reading and unanimously adopted.

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 EDITION) PROVIDING FOR THE SETTING AND COLLECTION OF RATES FOR REFUSE COLLECTION WITHIN THE CITY OF CUMBERLAND” was presented.  Councilman Hendershot made a motion to accept the second reading and move to the third reading.  The motion was seconded by Councilman Hedrick.

Mr. Repp provided a brief explanation.  Mr. Harvey May, Brown Avenue, Cumberland, spoke in opposition of the rate increase and suggested a pay as you throw program.  Ms. Terri Socha, Bedford Street, Cumberland, questioned the advertisement in the newspaper concerning dumpsters.  The City Clerk advised there were several errors in the advertisement, but the Times-News was to make the corrections.  Mr. James Combs, Winifred Road, Cumberland, asked for confirmation that with this action the garbage collection fee would be entirely out of the tax rate.  Mr. Repp confirmed that it was.  With no further comments, the second reading was unanimously accepted.

Ordinance No. 3530 was presented for its third reading and unanimously adopted.   REPORTS:

Routine:

1.  Personnel Activity report submitted by April Howser, Human Resource Officer, for the period May 29 – June 11, 2005

            2. Water Filtration Production report submitted by Rodney Marvin, Superintendent, for the month of May, 2005

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

            Constant Yield Tax Rate:

            President Fiedler explained there was an error in the Constant Yield Advertisement in the Times-News, which was corrected.  He explained there was a Public Hearing at the meeting of May 31^st and asked, in light of the re-advertisement, if there were any questions or comments.  There were none. 

ORDINANCES AND CHARTER AMENDMENT RESOLUTIONS:

ORDINANCE NO. 3535 entitled “AN ORDINANCE TO REPEAL AND REENACT, WITH AMENDMENTS, SECTION 24-86 OF THE CODE OF THE CITY OF CUMBERLAND (1991 EDITION), PROVIDING FOR A SCHEDULE OF WATER RATES” was introduced in Title only.

            Councilman Elliott made a motion to approve the first reading and move to the second reading.  The motion was seconded by Councilman Hedrick and unanimously approved.

            Ordinance No. 3535 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 Hedrick after which Mr. Repp provided a brief explanation.  President Fiedler asked for questions or comments.  Being none, the motion to approve the second reading and move to the third reading was unanimously accepted. 

            Ordinance No. 3535 was read in Title only for its third reading and unanimously adopted.

            ORDINANCE NO. 3536 entitled “AN ORDINANCE TO REPEAL AND REENACT, WITH AMENDMENTS, SECTION 8(a), 8(b), 9(a), 9(b), 9(c), 9(d), 9(e), 9(f), 9(g), 9(h), 9(i), 9(j), 9(k), 9(1), 10, 11, 12, 13, 14(a) and 14(b) OF CHAPTER 21 OF THE CODE OF THE CITY OF CUMBERLAND (1991 EDITION) ENTITLED ‘PERSONNEL’ ” was introduced in Title only.  Councilman Hendershot 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. 3536 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 after which Mr. Repp provided a brief explanation.  President Fiedler asked for questions or comments.  Being none, the motion was unanimously approved. 

Ordinance No. 3536 was read in Title only for its third reading and unanimously adopted.  

In clarification of circulating rumors, Councilman Elliott stated there is no position in the personnel ordinance for an Assistant City Administrator.  Mr. Repp stated there are currently one City Administrator position and Four (4) director positions in the ordinance.

Charter Amendment Resolution:

CHARTER AMENDMENT RESOLUTION NO. 132 entitled “A RESOLUTION TO AMEND THE CHARTER OF THE CITY OF CUMBERLAND (1991 EDITION, AS SUPPLEMENTED AND AMENDED) BEING ARTICLE 1A OF THE CODE OF PUBLIC LOCAL LAWS OF MARYLAND, BY REPEALING AND REENACTING, WITH AMENDMENTS, SECTIONS 127 AND 128, FOR THE PURPOSE OF REVISING THE PROCEDURES AS PERTAINING TO CLOSING OF STREETS AND ALLEYS IN THE CITY OF CUMBERLAND, ALLEGANY COUNTY, MARYLAND BY THE MAYOR AND CITY COUNCIL OF CUMBERLAND” was introduced in Title only.

            Councilman Elliott made a motion to approve the first reading.  Councilman Hendershot seconded the motion and the first reading was unanimously approved.

            CAR No. 132 was presented in Title only for its second reading.  Councilman Elliott made a motion to approve the second reading after comment.  Councilman Hendershot seconded the motion.  Mr. Repp provided explanation and changes in the procedures as a result of the passage of the CAR after which President Fiedler asked for questions of comments.  Being none, the motion to approve the second reading was unanimously accepted.

            CAR No. 132 was presented for its third reading and unanimously adopted.

ORDERS:

            Consent Agenda:

             President Fiedler advised that there were Nine (9) items on the consent agenda and asked if there were requests for items to be handled separately. 

            Ms. Terri Socha, Cumberland, requested items numbers 2, 5, 8, and 9 be handled separately.

              Councilman Elliott made a motion to adopt consent agenda item numbers 1, 3, 4, 6, and 7.  The motion was seconded by Councilman Rephann and unanimously carried for adoption of consent agenda items as follows:

Order No. 24,210 Awarding a demolition contract for 336 Baltimore Avenue to Brabson Demolition - $5,550

Order No. 24,212 Authorizing the City Comptroller to make payment to Belt Paving, Inc. for emergency work performed on waterline repairs on Industrial Boulevard - $13,306.93

Order No. 24,213 Accepting the bid of Kiddy’s Contracting, LLC for the Evitts Creek Stream Crossing for the Cumberland Country Club - $20,630

Order No. 24,215 Accepting bids for Property and Casualty Insurances and Related Services

Order No. 24,216 Accepting the quote of Ambrose Enterprises, Inc., to install an addition to the existing Grace enclosure to cover the bulk storage tank - $13,396.19

President Fiedler called for a motion to adopt consent agenda item number two.  Councilman Hendershot made a motion to adopt the consent agenda item.  Councilman Elliott seconded the motion after which President Fiedler asked for questions or comments.

Ms. Terri Socha, Bedford Street, Cumberland, asked what the fee for rental registration would be as a result of this order and was told the fee would increase from $15.00 to $25.00.

With no further questions or comments the following consent agenda item was adopted on a vote of four to zero with Councilmen Hedrick abstaining from the vote:

Order No. 24,211 Providing for a fee for rental registration

            President Fiedler called for a motion to adopt consent agenda item number five.  Councilman Hendershot made a motion to adopt the consent agenda item.  Councilman Elliott seconded the motion after which President Fiedler asked for questions or comments.

            Mr. Terri Socha, Bedford Street, Cumberland, asked if there had been discussions with Cornerstone Enterprises, LLC, as to whether or not the $88,000 for advertising the Cumberland area could be tied into the requests for funding from the hotel/motel funds.  President Fiedler explained that hotel/motel funding was a separate item from the James Day Drive project and agreement. 

            With no further comments, the following consent agenda item was unanimously adopted:

Order No. 24,214 Authorizing appropriations to various groups from  Hotel/Motel funds for Fiscal Year 2006

            President Fiedler called for a motion to adopt consent agenda item number eight.  Councilman Hendershot made a motion to adopt the consent agenda item, seconded by Councilman Elliott.

            Ms. Terri Socha, Bedford Street, Cumberland, ask what the encroachment was for and Mr. Repp responded that it was for a retaining wall to be built that would encroach into the public right-of-way.

            With no further questions, the following consent agenda item was unanimously adopted:

Order No. 24,217 Authorize encroachment agreement regarding Louisiana Avenue

President Fiedler called for a motion to adopt consent agenda item number nine.  Councilman Hendershot made a motion to adopt the consent agenda item, seconded by Councilman Hedrick.

Ms. Terri Socha, Bedford Street, Cumberland, asked for further explanation, which was provided by Mr. Repp.

With no further comments, the following consent agenda item was unanimously adopted:

Order No. 24,218 Authorize execution of Historic Preservation Commission Recommendation

Letters & Reports of Commissions, etc., and emloyees:

            The following letters were presented and acknowledged:

1.      From the City Clerk advising that the time has past for receiving of a petition calling for a referendum on the Annexation Resolution for the areas lying contiguous to the corporate limits of the City near the Country Club Road and Christie Road consisting of 368.46 aces and, with no petition being received, the Annexation became effective June 3, 2005.

2.      Commissioner’s report for the closing of the right-of-way at 15 N. Johnson Street.

Letters, Petitions, Applications, Proclamations, etc:

            The following letter was presented and acknowledged:

1.      From Md. Department of Environment providing notification of approval of an appropriation in the amount of $350,000 for the Ridgedale Reservoir Replacement project.

Requests To Be Heard:

            Ms. Terri Socha, Bedford Street, Cumberland, asked if the City anticipates receiving additional grant funding for the remaining funding needed for the Ridgedale Reservoir Replacement Project.  Mr. Repp answered that the City will be seeking additional funding for the proposed project, and if the project is approved in the future there will need to be other funding sources or a water and sewer bond issue.  He added at this point it is too early to say other than the City has $350,000 from the State to apply to whatever is decided to do. Ms. Socha suggested looking at an impact fee to start defraying the cost.  Mr. Repp responded that it is not an expansion of the system; therefore, funds from an impact fee could not be used for the project.

            Ms. Terri Socha inquired as to the status of the use of the $88,000 in advertising to be done by Cornerstone Enterprises for the James Day Drive project.  Mr. Repp explained the Mayor and City Council authorized the transfer of the property and at the end of three years they have to provide documentation of at least $88,000 of joint advertising between the City and their development. He added the Economic Development Specialist for the City will be working with the developer to insure there is joint advertising being done. Councilman Hendershot commented that he felt the events funded with hotel/motel funding would not be part of the advertising as they are event specific.

            Mr. James Combs, Winifred Road, Cumberland, asked for further explanation of the possible need of a Planner for economic development.  Mr. Repp explained that upon the adoption of the Economic Development Plan by the Mayor and City Council, they adopt a position of Planner.  That position would have to be amended into the ordinance to be able to create and fill that position.  He added it would be a new position in the Planning & Zoning office.  

            Mr. Combs commented that everyone needs to be aware of the citizens on fixed incomes within the City when considering increases in cost of services.

            Mr. Combs asked about the status of the audit.  Mr. Repp commented he is anticipating having the audit complete by June 30^th.

  With no further comments, the meeting adjourned at 8:25 P.M.

                                                                            Approved July 12, 2005