City of Cumberland , Maryland
Regular Session
Council Minutes
Tuesday, November 4, 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; Jeff Rhodes, Director of Administrative Services; Kevin Hagerich, Director of Public Works; and Margie Eirich, Acting City Clerk.
MINUTES:
A motion was made by Councilman Hendershot, seconded by Councilman Rephann, and unanimously adopted to accept the minutes of the Regular Sessions of September 20, October 4, and October 20, 2005, as well as the Work Sessions of September 20 and October 4, 2005.
Executive Session - Councilman Elliott made a motion to motion to approve the Executive Session minutes of the meetings conducted August 23, 2005 and September 20, 2005, and that the minutes of this meeting reflect that the Mayor and City Council met in Executive Session August 23 and September 20, 2005, held on votes of 5 to 0, to discuss real estate matters in accordance with Section 10-508 (3) of the State Government Article of the Annotated Code of Maryland. The motion was seconded by Councilman Hendershot and unanimously adopted.
REPORTS:
Routine:
1. Personnel Activity report submitted by April Howser, Human Resource Officer, for the period October 1-15 and October 16-29, 2005.
2. Police Department Report submitted by Chief Robert Dick for the month of August 2005.
3. Permitting and Code Enforcement Report submitted by the Director of Administrative Services for the period October 1-14 and October 15-28, 2005.
4. Fire Department Report submitted by Chief William Herbaugh for the month of September 2005.
5. Public Works Significant Events Report submitted by Kevin Hagerich, Director of Public Works, for the month of September 2005.
Councilman Elliott made a motion to accept the reports. Councilman Hendershot seconded the motion, and the vote unanimously carried.
RESOLUTIONS:
A Resolution was introduced and read in Title only, granting a tax abatement to the Cumberland Cultural Foundation for the property located at
Mayor Fiedler asked for comments. Being none, he called for the vote and the Resolution was unanimously adopted.
ORDERS:
Order No. 24,268-1 - Adopting an Organizational Structure for the Public Works Department – Utilities Division.
Councilman Elliott made a motion to adopt Order No. 1, Councilman Hendershot seconded the motion. Mr. Repp explained that this change in the Table of Organization provided for the creation of the position of Journeyman Electrician within the Department of Utilities. The position had been filled on a contractual basis since October of last year and this change would make it a permanent position to serve as an assistant to the Maintenance Supervisor. This crew has been performing work in-house that previously had to be contracted out. Mr. Repp felt this cost savings provided more than enough justification to fund position.
Councilman Rephann questioned when the Maintenance Supervisor had been hired, and Mr. Repp advised that the City had hired him 4 years ago. There had been no electrician on board at that time. Councilman Rephann further questioned the reasoning behind placing the position in the Department of Utilities rather than the Department of Maintenance. Mr. Repp replied that although there will be a variety of issues to deal with, the majority of the work will be in utilities. Councilman Rephann asked what the net cost savings would be. Mr. Repp replied that it was difficult to project a cost savings for next year because much of the savings would be in utilizing this person during unanticipated projects that would normally require outside labor, and there was no way to identify ahead of time what those projects might be. He could only compare the proposed salary for the position against the cost of paying an outside person for the same services. He felt clearly, however, that there would be a net savings. Councilman Rephann noted that he felt there would be better justification for the position if there were a history of expenditures.
With no further comments, the motion passed five in favor with none opposed.
Order 24,269 – Authorizing the City Comptroller to make payment to Davenport & Company for services provided as
Councilman Hedrick made a motion to adopt Order No. 2, Councilman Elliott seconded the motion. Mr. Repp advised this order authorizes payment to
With no further comments, the motion passed five in favor with none opposed.
Order 24,270 - Authorizing the City Administrator to execute a Cost Share Agreement between the Maryland Department of the Environment and the City in State grant funds for construction of the Ridgedale Reservoir Replacement Tank Project - $350,000
Councilman Elliott made a motion to adopt Order No. 3, Councilman Hendershot seconded the motion. Mr. Repp advised that the Ridgedale Reservoir was well past its useful life and this funding has been set aside by the State to assist in the water improvement project at the reservoir. A study would soon to be undertaken to update the City’s water model and determine the storage and pressure needs at the Ridgedale location.
With no further comments, the motion passed five in favor with none opposed.
Order 24,271 - Authorizing the City Administrator to execute a Grant Agreement between the Maryland Department of Planning and the City for the
Councilman Hendershot made a motion to adopt Order No. 4, Councilman Hedrick seconded the motion. Mr. Repp advised these funds are targeted to hire part-time employees to collect GIS data on the water system by locating fire hydrants, valves, etc. throughout the city, though he didn’t feel this would complete the collection.
Councilman Rephann asked if the sign inventory had been completed that corresponded with the last law enforcement grant, and Mr. Repp advised that it had not been.
With no further comments, the motion passed five in favor with none opposed.
Order 24,272 - Authorizing the Mayor to execute an Encroachment Agreement between Mr. Brent McDonald and the City for encroachment into the public right-of-way of
Councilman Hedrick made a motion to adopt Order No. 5, Councilman Hendershot seconded the motion. Mr. Repp advised that this order was standard procedure for installation of a handicap ramp. Mayor Fiedler noted the agreement stipulated that if there were a problem with the ramp, it would have to be taken out.
With no further comments, the motion passed five in favor with none opposed.
Order 24,273 - Authorizing the Mayor to execute documents in accordance with the Project Cooperation Agreement and the Cooperative Management Agreement conveying the
Councilman Hedrick made a motion to adopt Order No. 6, Councilman Hendershot seconded the motion. In accordance with a previous agreement with the National Park Service (NPS) regarding Phase One of the re-watering project, the Army Corp of Engineers performed the work, had the work inspected, and is now turning that work over to the City. The City in turn has an operations agreement with NPS stipulating that they are responsible for the maintenance and operation of the pumps, etc., as they are the agency who will actually operate and maintain the material. Re-watering of the canal is scheduled for the first of December.
With no further comments, the motion passed five in favor with none opposed.
Order No. 24,274 - Authorizing an extension until January 11, 2007, to Sharie Dow for renovation of a property located at
Councilman Hendershot made a motion to adopt Order No. 7, Councilman Hedrick seconded the motion. This order extends the time period for the completion of repairs to this property purchased from the City in July of 2004 as a result of a tax sale, for the amount of $2,600. The extension request is for another year, which Community Development is recommending be awarded.
With no further comments, the motion passed five in favor with none opposed.
Order No. 24,275 - Authorizing the City Administrator to enter into an agreement with Nextel Partners for cellular phone service.
Councilman Hendershot made a motion to adopt Order No. 8, Councilman Hedrick seconded the motion. Mr. Repp said this order would extend the City’s current cell phone contract for two years, based on a sole source award. The two year option provides a number of phones free for equipment replacement purposes.
Councilman Hendershot questioned why the service had not been bid out. Mr. Repp said the sole source award was based on Nextel’s ability to provide the “Direct Connect” feature, which other services could not. Emergency events create high cell phone traffic and the Direct Connect allows personnel to communicate with each other on a separate line.
Councilman Rephann asked what future plans were for the City’s stationary phones and Mr. Repp talked about plans to utilize the Voice Over IP System and current experiments in upgrading the police vehicles with “soft phones.” Councilman Rephann asked if there would be a similar cost savings. Mr. Repp said hoped so but couldn’t predict when we would be able to provide our own regional cell phone service.
With no further comments, the motion passed five in favor with none opposed.
Order No. 24,276 - Accepting the proposal of IA Construction Corporation for work to be performed on the
Councilman Elliott made a motion to adopt Order No. 9, Councilman Hendershot seconded the motion. Mr. Repp said this order authorizes IA Construction to mill and overlay the
Councilman Hendershot noted the repaving work that had been recently done on
With no further comments, the motion passed five in favor with none opposed.
Harvey May asked if was possible to remove a portion of the sidewalk area at that intersection to allow people to make an easier left turn from Henderson Boulevard onto Baltimore Avenue and alleviate congestion in that area. Mr. Repp said he would take a look at that suggestion, but there was limited public right-of-way available at that intersection. He said he considered this work an extensive patch rather than an improvement to the intersection because there were outstanding issues due to be addressed within the next 5-10 years that would call for a re-engineering of that area.
Order No. 24,277 - Accepting the proposal of Desman Associates for Profession Services for
Councilman Hendershot made a motion to adopt Order No. 10, Councilman Hedrick seconded the motion. Mr. Repp advised proposals had been sent out to undertake the work necessary to rehabilitate the George Street Parking Garage. This proposal was the best of the two returned. A Declaration of Official Intent is on the agenda for acceptance which ensures that from this date forward, costs associated with this project will be reimbursable through the bond issue to be done in the spring to pay for the actual construction. Project expenses will be charged to MPA and may constitute a rate increase next year.
With no further comments, the motion passed five in favor with none opposed.
Order No. 24,278 - Accepting the proposal of Desman Associates for the Preliminary Design Phase Site Feasibility Study for Liberty Street Parking Facility - Tasks 1 through 6 - $22,000
Councilman Hendershot made a motion to adopt Order No. 11, Councilman Hedrick seconded the motion. Mr. Repp said the City currently owns the surface lot located on
With no further comments, the motion passed five in favor with none opposed.
Order No. 24,279 - Authorizing the City Administrator to execute Change Order No. 5 with ARK Systems, Inc. for the Water & Wastewater Systems Supervisory Control and Data Acquisition Project – no monetary change.
Councilman Elliott made a motion to adopt Order No. 12, Councilman Hedrick seconded the motion. Mr. Repp advised this was a “no cost” change order to correct a previous change in the schedule of values involved in the SCADA contract.
With no further comments, the motion passed five in favor with none opposed.
Order No. 24,280 - Accepting the bid of Norris Ford for four (4) 2006 Ford Crown
Councilman Elliott made a motion to adopt Order No. 13, Councilman Hedrick seconded the motion. Mr. Repp advised that Council previously approved an award to Miller Brothers Automotive for the purchase of police vehicles, however when the order was placed, the City was informed that there were no 2005 models left and it would be necessary to wait for the new state bids. The proposed purchase is therefore through Norris Ford, as the new state vendor, for the same number of cars.
With no further comments, the motions passed five in favor with none opposed.
Letters, Petitions, Applications, Proclamations, Etc.
Proclamation:
A proclamation designating the month of October, 2005 as “Children’s Month” was presented. Councilman Elliott made a motion to accept the proclamation. Councilman Hedrick seconded and the motion passed unanimously.
Letters:
1. Declaration of Official Intent to ensure the eligibility of expenditures made with respect to the Project for engineering and reconstruction of the 440-space George Street Garage and installation of 30 or more parking kiosks in the downtown/Washington Street areas of
2. Notice from the State Highway Administration that a new sign structure and foundation is being constructed for Westbound I-68 traffic at the Downtown Exit (Exit 43C)
3. Letter from Atlantic Broadband advising that “Operation Mail Call” – free high-speed Internet service - will be provided all customer households with an immediate family member stationed in
4. Letter from the Downtown Development Commission to Mr. & Mrs. McDonald of Carpendale, West Virginia notifying them DDC has accepted their offer for a donation of a Blue Spruce tree for use as the official 2005 City of Cumberland Town Centre Christmas Tree
Requests To Be Heard:
There were no requests, and the meeting adjourned at 8:29 a.m.
Approved November 15, 2005