City of Cumberland , Maryland
Regular Session
Council Minutes
Tuesday, December 13, 2005
The Mayor and City Council of
INVOCATION – Councilman Hendershot
PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES
CALL OF ROLL:
Present: President Fiedler; Councilmen Hedrick, Rephann and Hendershot
Absent: Councilman Elliott
Department Heads and/or Officials present: Jeffrey E. Repp, City Administrator; Jeff Rhodes, Director of Administrative Services; Kevin Hagerich, Director of Public Works; Raquel Ketterman, Community Development Specialist; Kathy McKenney, Historic Planner; and Sharon S. Clark, City Clerk.
MINUTES:
A motion was made by Councilman Rephann, seconded by Councilman Hedrick, and unanimously adopted to accept the minutes of the Regular Session of November 15, 2005.
Executive Session - Councilman Hedrick made a motion to approve the Executive Session minutes of the meeting held Tuesday, October 20, 2005, and that the minutes of this meeting reflect that the Mayor and City Council met in Executive Session on October 20th. The Session was held on a vote of 5 to 0, to discuss Personnel issues in accordance with Section 10-508 (1) of the State Government Article of the Annotated Code of Maryland. The motion was seconded by Councilman Hendershot and unanimously carried.
REPORTS:
Routine:
1. Personnel Activity Report submitted by April Howser, Human Resources Officer, for the period November 13 – December 12, 2005
Reports (Cont’d.):
2. Permitting and Code Enforcement Report submitted by the Director of Administrative Services for the period November 10 – December 7, 2005
3. Fire Department Monthly Report submitted by Chief Herbaugh for the month of October
4. Public Works Significant Events Monthly Report submitted by Kevin Hagerich, Director of Public Works for the month of October
Councilman Hedrick made a motion to accept the reports. Councilman Hendershot seconded the motion, and the vote unanimously carried.
ORDINANCES:
Ordinance No. 3544 entitled “AN ORDINANCE TO AUTHORIZE THE EXECUTION OF A LEASE AGREEMENT WITH THE STATE OF MARYLAND DEPARTMENT OF LABOR, LICENSING & REGULATIONS FOR THE PURPOSE OF LEASING THIRTY (30) PARKING SPACES LOCATED AT 10 SOUTH GEORGE STREET” was introduced and read in Title only. Mr. Repp noted for the public record that this lease agreement will be for a one-year term. Councilman Hendershot made a motion to accept the first reading and move to the second reading. Councilman Hedrick seconded the motion and it unanimously carried.
Ordinance No. 3544 was read in Title only for its second reading. Councilman Hendershot made a motion to adopt the second reading and move to the third reading after comment. Council Hedrick seconded the motion after which Mayor Fiedler gave a brief explanation of the Ordinance. There were no additional comments or questions, and the motion unanimously carried.
Ordinance No. 3544 was read in Title only for its third reading and unanimously adopted.
Ordinance No. 3545 entitled “AN ORDINANCE REQUIRING REMOVAL OF ABANDONED PERSONAL PROPERTY FROM SIDEWALKS AND FRONT YARDS” was introduced and read in Title only. Councilman Hendershot made a motion to accept the first reading and move to the second reading. Councilman Hedrick seconded the motion and it unanimously carried.
Ordinance No. 3545 was read in Title only for its second reading. Councilman Hendershot made a motion to adopt the second reading and move to the third reading after comment. Council Hedrick seconded the motion after which Mr. Repp gave a brief explanation of the Ordinance. There were no comments or questions and the motion unanimously carried.
Ordinance No. 3545 was read in Title only for its third reading and unanimously adopted.
Ordinance No. 3546 entitled “AN ORDINANCE TO PROVIDE FOR THE CLOSING OF A PORTION OF NELLIE STREET, A PUBLIC RIGHT-OF-WAY ALLEY ADJACENT TO THE PROPERTY AT 1607 BEDFORD STREET AND 1601 BEDFORD STREET IN THE CITY OF CUMBERLAND, MARYLAND” was introduced and read in Title only. Councilman Rephann made a motion to accept the first reading and move to the second reading. Councilman Hedrick seconded the motion and it unanimously carried.
Ordinance No. 3546 was read in Title only for its second reading. Councilman Rephann made a motion to adopt the second reading and move to the third reading. Council Hedrick seconded the motion after which Mr. Repp gave a brief explanation of the Ordinance. There were no comments or questions and the motion unanimously carried.
Ordinance No. 3546 was read in Title only for its third reading and unanimously adopted.
RESOLUTIONS :
A Resolution was introduced certifying business entities located in the city limits for designation in the Gateway Enterprise Zone for the granting of Gateway Enterprise Zone credits.
Councilman Hendershot made a motion to adopt the Resolution, seconded by Councilman Hedrick. President Fiedler gave a brief explanation after which he asked for comments or questions. Being none, the Resolution was unanimously adopted.
ORDERS:
With twenty (20) items on the Consent Agenda, President Fiedler asked for requests for discussion of any orders individually. He commented that item number three (3) on the consent agenda would be handled separately for the purpose of making an amendment. Ms. Terri Socha requested for orders numbers 4, 7, 11, 14, 15 and 17 to be handled individually. Councilman Rephann made a motion to adopt the remaining items on the consent agenda. The motion was seconded by Councilman Hendershot and unanimously accepted. The Consent Agenda was adopted as follows:
Order No. 24,285 Rescind Order No. 24,219 adopted July 12, 2004, and accept the proposal of The EADS Group to include additional work on the ARC Rolling Mill Access Project, Phase 4A in the amount of $129,573.60 – Total Project $188,027.66
Order No. 24,286 Rescind Order No. 24,160 adopted November 29, 2005, and adopting a Fee Schedule for the Bulk Item Program to be effective January 1, 2006
Order No. 24,289 Authorizing the City Administrator to execute Change Order No. 2, the Final Change Order, with IA Construction for the Rolling Mill Access Impv. Project, Phase 1, reducing the final cost of the Project – (Reduction of $26,010.89)
Order No. 24,290 Rescind Order No. 23,676 adopted May 21, 2002, modifying the contract with SPECS, Inc. to include additional work on the Engineering Design Phase of the Rolling Mill Access Road Project ($4,157.83) – Total Project $98,887.83
Order No. 24,292 Appointments to the Administrative Appeals Board (5 Members) and Historic Preservation Commission (2 Appointments)
Order No. 24,293 Accepting the proposal of Hazen and Sawyer for a Water Model Update and Ridgedale Reservoir Evaluation Project - $49,936.00
Order No. 24,294 Authorizing the City Administrator to execute a Programmatic Agreement between the City and The Md. St. Historic Preservation Office and The Advisory Council on Historic Preservation for review of CDBG Projects
Order No. 24,296 Authorizing the City Administrator to execute and submit an application to the Appalachian Regional Commission for FY 2006 Funding for the Rolling Mill Access Improvements Project, Phase 3 - $820,679.00
Order No. 24,297 Authorizing the Mayor to execute a Memorandum of Understanding for ARC Projects for the Rolling Mill Access Improvements Project, Phase 3
Order No. 24,300 Amending the Table of Organization for the Public Works Department – Maintenance Division
Order No. 24,302 Authorizing the City Administrator to execute a CLG Educational Set-Aside Subgrant Program Application for educational activity - $750.00
Order No. 24,303 Authorizing the Mayor to execute an Agreement between the Mayor and City Council and the Housing Authority of the City of
Order No. 24,304 Authorizing the Mayor and City Clerk to execute an Agreement of Sale between the Mayor and City Council and Robert J. Love and Julie L. Krespan for property known as
President Fiedler asked for a motion to adopt item number three (3). Councilman Hendershot made a motion to adopt item number three. Councilman Hedrick seconded the motion.
Councilman Rephann made a motion to amend the order to reflect that Council may abstain for whatever reason. Councilman Hendershot seconded the motion, and the amendment was unanimously adopted.
President Fiedler asked for questions. Being none, the order was unanimously adopted as follows:
Order No. 24,287 Repealing the Regulations for Government of City Council as adopted by Order No. 21,597 January 5, 1993, and adopting Regulations for Government of City Council as attached to include a section for Voting
President Fiedler asked for a motion to adopt item number four (4) on the consent agenda. Councilman Hendershot made a motion to adopt the order. Ms. Terri Socha requested to be provided information relating to items numbers four (4) and seven (7) giving details regarding the annual lease renewal for 600 square feet in the Public Safety Building ($11,981.97 annually) and a section added to the Employee Handbook for the granting of employees applying and chosen to work the polls during elections to do so without use of vacation or compensatory time similar to Allegany County’s policy.
With no further questions or comments, Councilman Hendershot made a motion to adopt items numbers four (4) and seven (7) on the consent. Councilman Hedrick seconded the motion and the following orders were unanimously adopted:
Order No. 24,288 Authorizing the Mayor and City Clerk to execute a Fourth Lease Amendment between the City and AT&T Corp. for lease of space in the
Order No. 24,291 Approving an amendment to the Employee Handbook adding a section addressing Poll Workers for Elections and adoption of the Employee Handbook
President Fiedler asked for a motion to adopt item number eleven (11) on the consent agenda. Councilman Hedrick made a motion to adopt the order. Councilman Hendershot seconded the motion. Ms. Linda Golden,
With no further comments or questions, item number eleven (11) on the consent agenda item was unanimously adopted as follows:
Order No. 24,295 Adopting a Schedule of Fees for the Fire Department Ambulance service effective January 1, 2006
President Fiedler asked for a motion to adopt item number fourteen (14) on the consent agenda. Councilman Hendershot made a motion to adopt the order. Councilman Hedrick seconded the motion. Ms. Raquel Ketterman confirmed for Ms. Linda Golden that a deed of trust is recorded for the deferred loans, and in the case where a person with a deferred loan were to pass away the loan would be paid at the time the property was sold, transferred, or changed.
With no further comments or questions, item number fourteen (14) was unanimously adopted as follows:
Order No. 24,298 Approval of the recommendation from the Community Development Department for the Rolling Mill Code Compliance Residential Forgivable Loans/Commercial Deferred Loan Program - $54,851.00
President Fiedler asked for a motion to adopt item number fifteen (15) on the consent agenda. Councilman Hedrick made a motion to adopt the order. Councilman Hendershot seconded the motion. Mr. Repp verified for Ms. Golden that this proposal was put out to bid, this was the low bid, and the company is out of
With no further comments or questions, item number fifteen (15) was unanimously adopted:
Order No. 24,299 Accepting the proposal of Taylor Sports and Recreation for Playground Equipment at Mason Recreation and Jaycee Field - $111,743.00
President Fiedler asked for a motion to adopt item number seventeen (17) on the consent agenda. Councilman Hedrick made a motion to adopt the order. Councilman Hendershot seconded the motion.
In answer to question from Ms. Golden, Mr. Repp stated this encroachment is for the
Upon question by Ms. Golden Mr. Repp said item number eighteen (18) adopted as part of the consent agenda was a small grant the City is receiving for an education program for the Historical Preservation Commission.
With no further comments or questions, item number seventeen (17) on the consent agenda was unanimously adopted as follows:
Order No. 24,301 Authorizing the Mayor to execute a Memorandum of Agreement for encroachment into the public right-of-way on
Reports & Letters of Commissions, etc., and Employees:
Letters:
1. From the Department of Legislative Services approving an extension for filing the audit report and Uniform Financial Report for fiscal year 2005 until December 31, 2005
Requests To Be Heard:
Ms. Terri Socha asked for an explanation as to why the audit is being completed late. Mr. Repp responded that with the granted extension to the end of the year, the audit is not late. He added that GASB 34 requirements have required all governments to do additional auditing that had not previously been required.
With no further requests to be heard, the meeting adjourned at 7:53 p.m.
Approved January 10, 2006
Lee N. Fiedler, Mayor
Sharon S. Clark, City Clerk