City of Cumberland, Maryland

Regular Session

Council Minutes

Tuesday, August 9, 2005

            The Mayor and City Council of Cumberland, Maryland, met in Regular Session on Tuesday, August 9, 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 July 12, 2005 and the Work Sessions of June 14 and July 12 2005.  Councilman Hendershot made a motion to accept the minutes as written, seconded by Councilman Elliott and unanimously carried.

REPORTS:

Routine:

1.  Personnel Activity report submitted by April Howser, Human Resource Officer, for the period July 10 – August 6, 2005

            2.      Fire Department Report submitted by Chief William Herbaugh for the month of June, 2005

            3.      Report of Code Enforcement submitted by Jeffrey Rhodes, Director of Administrative Services, for the period May 12 – July 29, 2005

            Councilman Elliott made a motion to accept the reports, seconded by Councilman Hedrick, and the motion unanimously carried.

ORDINANCES AND CHARTER AMENDMENT RESOLUTIONS:

ORDINANCE NO. 3538 entitled “AN ORDINANCE REGULATING CAMPING IN THE CITY OF CUMBERLAND AND SETTING FORTH THE PENALTIES FOR THE VIOLATION THEREOF” was introduced in Title only.

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

            Ordinance No. 3538 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 Mayor Fiedler commented and asked for questions or comments. 

            Ms. Sheri Dow and Mr. Terry Stahl, of Cumberland, jointly spoke regarding several aspects of the ordinance, asking for an exemption provision for a religious celebration, reconsideration of wording addressing setting up a hammock, and clarification of what is considered a front yard.  Mayor Fiedler said those issues would be reviewed and if changes were warranted to address their concerns, the ordinance could be amended.

            Ms. Kathy Coughenour spoke in opposition of the ordinance making reference to various amendments of the Constitution.

            With no further comments, the second reading was unanimously accepted.

            Ordinance No. 3538 was presented in Title only for its third reading and unanimously adopted. 

ORDERS:

            Consent Agenda:

             President Fiedler advised there were Twelve (12) items on the consent agenda and asked if there were requests for 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 Hendershot and unanimously carried for adoption of consent agenda items as follows:

            Order No. 24,229  Granting vacation days to Officer Jeffrey Fairley of the Cumberland Police Department for use prior to July 1, 2006, in recognition of his service in active duty

            Order No. 24,230 Appointments to various Boards and Commissions

            Order No. 24,231  Authorizing the Mayor to execute an Encroachment Agreement between the City and Gap Self Storage into the public right-of-way of King Street for the purpose of providing green space

Order No. 24,232  Accepting the proposal of Carl Belt for milling and paving a section of street at the intersection of Mechanic and Valley Streets - $15,000.00

Order No. 24, 233  Authorizing the Mayor and City Administrator to execute an “Operation Agreement” by and between CONXX and AllCoNet2, a Maryland partnership of Allegany County and the City of Cumberland

Order No. 24,234  Accepting the quote of Hydro-Dyne Engineering, Inc., for the sole source purchase approval for repair of the Bar Screen at the Wastewater Treatment Plant - $94,000.00

Order No. 24,235  Authorizing the Mayor to execute a Funding Approval/Agreement between the City of Cumberland and the U. S. Dept. of Housing & Urban Development for CDBG Program for Fiscal Year 2005-06 - $1,150,279.00

Order No. 24,236  Accepting the proposal of ARK Systems, Inc. for Voice Over Internet Protocol Telephone Systems, City Project No. 8-05-M - $182,794.00

Order No. 24,237  Authorizing the City Comptroller to abate Real Estate Taxes for City-owned property on Bishop Walsh Rd./Haystack Mountain – 2004-05 $1,599.10; 2005-06 $1,599.10

Order No. 24,238  Authorizing the City Comptroller to abate Real Estate Taxes for City-owned property located at 1 Navy Way – 2005-06 $7,004.98

Order No. 24,239  Authorizing the City Comptroller to abate Real Estate Taxes for property known as the Baltimore Street Apartments in accordance with an agreement for payment in lieu of taxes – 2005-06 $34,068.47

Order No. 24,240  Approving appropriation transfers for Fiscal Year 2003-04

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

            The following letters were presented and acknowledged:

1.            Allegany County Dept. of Community Services – Advising the City of Program Open Space grants for FY 2005 and advising of the application process for projects.  City projects - $93,602.80

2.            Willie Booker, III, Engineer – Structural Design, CSX Transportation – advising of plans for repairs of the Fayette Street Bridge

3.            Mr. David Kauffman – Letter of Resignation from the Downtown Development Commission

4.            City Clerk – Advising the time has passed for a petition of referendum for the CAR repealing and reenacting, with amendments, sections of the Charter regarding the closing of public right-of-ways – CAR effective August 2, 2005

5.            Jim Ortiz – Inviting the Mayor and Council to participate at the Grant Stand for the 56^th Halloween Parade and to thank them for the funding contribution

Requests To Be Heard:

            Mr. Francis Zirk, of Cumberland, commented regarding the blowing of train horns at the Beall Street crossing as well as the condition of the crossing.  Mr. Repp advised they are working with CSX to notify all engineers that the City is a quiet zone.  In reference to the condition of the crossing, Mr. Repp advised CSX has agreed to mill down and smooth out the crossing prior to the beginning of the school year and totally replace the crossing next year.

            Mr. James Combs, Winifred Road, Cumberland, made comments regarding the completion of the audit and asking when it will be available.  Mr. Repp advised that traditionally the audit is available upon acceptance by Mayor and City Council order, unless staff is otherwise directed.  Mr. Combs questioned the completion date of this year’s audit, to which Mr. Repp replied the goal is completion by the end of December.

            Mr. Combs ask about payment of the bonds for the TIF district in the event real estate taxes were not enough to cover the cost.  Mr. Repp replied that a special tax would be levied on the district to make up the difference. 

            Mr. Combs asked if the City would be spending monies in the Decatur Street development area prior to the first eleven units being constructed. Mr. Repp said advertisement will be done for work around the area; however, until Mayor and Council approve a formal contract for that work, at which time eleven units should be constructed or under construction, no monies will be spent.     

  With no further comments, the meeting adjourned at 7:59 P.M.

Approved September 20, 2005

Lee N. Fiedler, Mayor

Sharon S. Clark, City Clerk