City of Cumberland, Maryland

Regular Session

Council Minutes

Tuesday, July 12, 2005

            The Mayor and City Council of Cumberland, Maryland, met in Regular Session on Tuesday, July 12, 2005, in the Council Chambers of City Hall.   Mayor Fiedler called the meeting to order at 7:30 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; Jeff Rhodes, Director of Administrative Services; and Sharon S. Clark City Clerk.

MINUTES:

            President Fiedler called for a motion to accept the minutes from the Regular Session of June 14, 2005 and the Work Session of May 31, 2005.  Councilman Rephann made a motion to accept the minutes as written.  Councilman Hendershot seconded the motion, and the vote unanimously carried.

REPORTS:

Routine:

1.  Personnel Activity report submitted by April Howser, Human Resource Officer, for the period June 12 – July 9, 2005

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

            3.      Fire Department Report submitted by Chief William Herbaugh for the month of May, 2005

            4.      Police Department Report submitted by Chief Robert Dick for the month of May, 2005

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

ORDINANCES AND CHARTER AMENDMENT RESOLUTIONS:

ORDINANCE NO. 3537 entitled “AN ORDINANCE TO AUTHORIZE THE EXECUTION OF A DEED CONVEYING TO DECATUR HEIGHTS DEVELOPMENBT, LLC, A CERTAIN PARCEL OF PROPERTY COMMONLY KNOWN AS ALLEGANY TOWERS AND LOCATED ON GLENN STREET IN THE CITY OF CUMBERLAND,  ALLEGANY COUNTY, MARYLAND” 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. 3537 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 provided a brief explanation and history of the property relating to the transfer of it.  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. 3537 was presented in Title only for its third reading and unanimously adopted.

ORDERS:

            Consent Agenda:

             President Fiedler advised that there were Ten (10) items on the consent agenda and asked if there were requests for items to be handled separately. 

            Mr. James Combs, Winifred Road, Cumberland, requested items numbers 3, 5, 7, and 8 be handled separately.

            Councilman Elliott made a motion to adopt consent agenda item numbers 1, 2, 4, 6, 9, and 10.  The motion was seconded by Councilman Hendershot and unanimously carried for adoption of consent agenda items as follows:

            Order No. 24219 Accepting the proposal of the EADS Group for Phase 3 Engineering Services for the Rolling Mill Access Roads Design Proposal Phase 3, Project No. 10-02-M(1) - $58,454.06

Order No. 24220 Rescind M&CC Order No. 24,089 and accepting the proposal of Consolidated Electric for installation of an Emergency Generator at the Public Safety Building - $17,481.50

            Order No. 24222 Accepting the proposal of Howell Trucking, Inc. to renew their contract for the second one-year extension ending March 31, 2006, for Disposal of Grit, Scum, and Screenings, City Project No. 4-01-UTIL -  Increased amount of $3,400.00 monthly

Order No. 24224 Authorizing the City Administrator to execute a Main Street Improvement Program Grant Agreement for the Mural Project – Pub at Kelley’s Station - $8,000.00

            Order No. 24227 Accepting the bid of Carl Belt, Inc., for the Fort Hill Tank Replacement, Pump Station Upgrades and 12” Water Main (City Project No. 3-04-W) – Estimated $1,576,606.00

            Order No. 24228 Authorizing the City Administrator to execute documents between the City and SunTrust Leasing Corporation for a Tax-Exempt Lease Financing Agreement for vehicles and equipment - $69.087.13 Annually – 5 Years

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

Upon question from Mr. Combs about the TIF District Bond Financing for this project, Mr. Repp advised that if revenue collected is in excess of what is necessary to retire the bond issue (approximately $40,000 annually), the excess funds will be proportionately distributed between the City and County based on the percentage of taxes paid for use in their general operations.  He also noted that the bond issue is for a period of twenty (20) years.  He added that it is anticipated that the taxes generated will be in excess of the amount necessary to cover the debt.

With no further questions or comments, the consent agenda item was unanimously approved as follows:

Order No. 24221 Authorizing the City Administrator to execute Change Order No. 2 for the Welton Drive Construction Project, City Project No. 4-04-M, for additional work on the project - $37,009.25

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

Mr. Combs commented that his question was answered as part of the answers to his questions concerning item number 3.

With no further questions or comments, the consent agenda item was unanimously adopted as follows:

Order No. 24223 Authorizing the City Comptroller to make payment to Funk & Bolton for professional services as bond counsel for the issuance, sale, and delivery of Special Obligation Bond (TIF District – Shades Lane Project, Series 2005) – Estimated $25,225.75

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

            Mr. Combs asked for clarification and explanation of the amount of the tax credit being provided and for what period of time.  Mr. Repp provided the information as well as information about the City and County programs and confirmed that City is not reimbursed by the State for the amount of credits granted.

            With no further comments or questions, the consent agenda item was adopted as follows:

            Order No. 24225 Grant a Historic District Tax Credit to Town Center Development Group, LLC, for property located at 86 Baltimore Street reviewed and approved by the Historic Preservation Commission

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

Upon question from Mr. Combs, Mr. Repp explained this is an annual lease and there have been no changes made to the lease.  Lease amount is $14,400 annually and ARC and other funding sources are used to pay the rent.

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

Order No. 24226 Authorizing the City Administrator to execute a Lease Agreement between the Mayor and City Council and the Town Center Development Group, LLC, for property located at 113 Baltimore Street, Cumberland, Maryland

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

            The following letter was presented and acknowledged:

            1.  From Chief Robert Dick and Richard DeVore advising that police dispatching and communication services officially transferred to the Allegany County Dept. of Emergency Services effective July 1, 2005 at 12:01 a.m.

Presentation and Disposition of Letters, Petitions, Applications, Proclamations, etc:

            Letters:

1.            From Michael Allen Mudge, Chapel Hill West Neighborhood Association, Inc., requesting the Springdale Street Playground be turned into a green space, the lot be kept as a low-maintenance public park until a redevelopment is adopted, and that if a new location for a playground is obtained that the lot be sold as surplus property.

                     Mayor Fiedler commented they would be holding this request until the Virginia Avenue plan is completed.

2.            From Thomas Hicks, State Highway Administration, advising they do not object to continuation of Quiet Zone and approval of pre-rule quiet zone in Cumberland.

Requests To Be Heard:

            Mr. James Combs, Winifred Road, Cumberland, commented that he feels it is the responsibility of the Mayor and Council to see the City audit is performed and available to citizens in a timely manner.

            Mr. Richard McGann, Cumberland resident, commented and expressed concern that there are not enough fields for baseball.  Councilman Hendershot commented that he disputes the statement there are not enough fields, but rather feels it is an emotional issue and scheduling problem.  Councilman Rephann advised the Recreation Board has been addressing this issue and are working with the Board of Education towards a joint agreement for facilities as well as some renovation projects.  Recreation facilities and plans were discussed in some detail.  Mr. McGann asked that the presented information be related to the public.  

  With no further comments, the meeting adjourned at 7:50 P.M.

Approved August 9, 2005

Lee N. Fiedler, Mayor

Sharon S. Clark, City Clerk