Council Minutes
Tuesday, May 29, 2007
The Mayor and City Council of
Invocation – Councilman Harold Hendershot
Pledge of Allegiance to the flag of the United States
Call of Roll:
Present: Mayor Fiedler, Councilmen Hedrick, Hendershot, Rephann and Elliott.
Department Heads and/or Officials Present: Jeffrey E. Repp, City
Minutes –
Councilman Elliott made a motion to adopt the minutes of the Regular Session of May 15, 2007, and Work Sessions of April 17 and May 1, 2007. Councilman Hedrick seconded the motion and the minutes were unanimously adopted.
Councilman Elliott made a motion that the Minutes of an Administrative Session of the Mayor and City Council held Tuesday, April 17, 2007, be approved as written and that the minutes of today’s meeting reflect that the Mayor and City Council met in Administrative Session on April 17, 2007. Councilman Hendershot made the motion to go into Administrative Session, seconded by Councilman Hedrick and adopted on a vote of 4 to 0 to real estate matters and to consult with legal counsel in accordance with Sections 10-508 (3) and (7) of the State Government of the Annotated Code of Maryland.
Present in the meeting were Mayor Fiedler, Councilmen Hendershot, Hedrick and Rephann. Also present were Jeffrey E. Repp, City
Unfinished Business:
Ordinance No. 3582 To repeal and reenact, with amendments of the code prohibiting camping generally and setting forth penalties for violations was introduced at the Regular Session of May 15th where the first reading was unanimously adopted.
Ordinance No. 3582 was read in Title Only for its second reading. Councilman Elliott made a motion to adopt the second reading and move to the third reading after comment. Councilman Hedrick seconded the motion. Mr. Michael Cohen reviewed the amendments being made. Mayor Fielder asked for questions or comments. There were none and the second reading was unanimously adopted.
Ordinance No. 3582 was read in Title Only for its third reading and unanimously adopted.
Reports:
(A) Routine Reports
Councilman Elliott made a motion to adopt the routine reports submitted. Councilman Hendershot seconded the motion and the following reports were unanimously adopted:
1. Personnel Activity Report submitted by April Howser, Human Resources Officer, for the period May 13 – May 27, 2007
2. Fire Department Monthly Report submitted by Chief Herbaugh for the month of April 2007
3. Police Department Monthly Report submitted by Chief Hinnant for the month of April 2007
4. Report of Permitting & Code Enforcement submitted by Jeffrey Rhodes, Director of Administrative Services for the period May 10 – 23, 2007
The Regular Session was adjourned at 7:35 to conduct the following Public Hearing:
(B) Public Hearing – Constant Yield Tax Rate
Mr. Repp opened the public hearing entering into the record the following documents:
1. Certification of the CYT Rate from the State Department of Assessments and Taxation
2. Legal advertisement of the public hearing
He explained how the State arrives at the constant yield tax rate and that, if adopted, it would generate the same amount of revenue as the previous year. The intention of the Mayor and City Council is to adopt a tax rate of .9479, the same as the past four fiscal years. Mr. Repp stated the additional revenue generated by adopting this tax rate would be used for increasing costs of health insurance as well as other increased costs.
Mayor Fiedler asked for public comment.
Mr. Frank Nethken of
With no further comments, the public hearing adjourned at 7:40 P.M. and the regular session reconvened.
Ordinances and Charter Amendment Resolutions:
Mayor Fiedler explained the ordinances on the agenda would be introduced at this meeting, posted on the City’s web site, and brought back on June 12th with comment being received after the second reading at that meeting.
Ordinance No. 3583 - Appropriations for the General Fund for Fiscal Year 2007-2008, was introduced in Title Only. Councilman Elliott made a motion to adopt the first reading. The motion was seconded by Councilman Hedrick and the first reading was unanimously adopted.
Ordinance No. 3584 - Appropriations for Various Special Purpose Funds for Fiscal Year 2007-2008 was introduced in Title Only. Councilman Elliott made a motion to adopt the first reading. The motion was seconded by Councilman Hedrick and the first reading was unanimously adopted.
Ordinance No. 3585 - Providing for rates for Refuse Collection within the City of
Ordinance No. 3586 - Providing for the City Tax Levy for Fiscal Year 2007-2008 was introduced in Title Only. Councilman Elliott made a motion to adopt the first reading. The motion was seconded by Councilman Hedrick and the first reading was unanimously adopted.
Ordinance No. 3587 - Appropriations for the Water Fund for Fiscal Year 2007-2008 was introduced in Title Only. Councilman Elliott made a motion to adopt the first reading. The motion was seconded by Councilman Hedrick and the first reading was unanimously adopted.
Ordinance No. 3588 - Providing for a schedule of Water Rates was introduced in Title Only. Councilman Elliott made a motion to adopt the first reading. The motion was seconded by Councilman Hedrick and the first reading was unanimously adopted.
Ordinance No. 3589 - Appropriations for the Sewerage Fund for Fiscal Year 2007-2008 was introduced in Title Only. Councilman Elliott made a motion to adopt the first reading. The motion was seconded by Councilman Hedrick and the first reading was unanimously adopted.
Ordinance No. 3590 - Providing for the Levy of TIF District in the Shades Lane Development District was introduced in Title Only. Councilman Elliott made a motion to adopt the first reading. The motion was seconded by Councilman Hedrick and the first reading was unanimously adopted.
Ordinance No. 3591 - Personnel was introduced in Title Only. Councilman Elliott made a motion to adopt the first reading. The motion was seconded by Councilman Hedrick and the first reading was unanimously adopted.
Orders – Consent Agenda:
Requests were made by Councilman Rephann and Councilman Hendershot to handle items numbers 1 and 4 separately. Councilman Hedrick made a motion to adopt the remaining items on the consent agenda. Councilman Hendershot seconded the motion and the following items were unanimously adopted:
Order No. 24,565 Authorizing the execution of an Employment Agreement by and between the Mayor and City Council and Nelson Dennis to provide Inspector services for the Improvements for Rolling Mills Access Roads Phase 2, City Project 10-02-m(1) – Not to exceed $57,600.
Order No. 24,566 Re-appointments to the Downtown Development Commission – 4 appointments
Order No. 24,568 To declare City surplus property located at
Order No. 24,569 Accepting the bid of Howell Trucking for the transportation and disposal of Grit, Scum, and Screenings from the WWTP - $3,700 monthly (36 months)
Order No. 24,570 Granting a Special Taxing District Residential Tax Exemption to Ernest Gusella and Tomiyo Saski owners of property located at
Order No. 24,571 Authorizing the City
Order No. 24,572 Accepting the bid of Carl Belt, Inc., contingent on MDE approval, for the Evitts Creek CSO Upgrades – Phase 1 Pumping Station Improvements Project - $2,294,050.00
Order No. 24,573 Authorizing the City
Order No. 24,574 Accepting the proposal of Turnbull, Hoover & Kahl, P.A. to retain their services as the City’s auditing firm for a term of three years
Councilman Rephann made a motion to amend item number 1, the agreement with the Reds Pee Wee Football Team, changing the expiration date of the agreement to December 31, 2007. The motion was seconded by Councilman Elliott and unanimously accepted.
Motion was made by Councilman Rephann to adopt the order as amended. Councilman Elliott seconded the motion, and the following order was unanimously adopted:
Order No. 24,564 Authorizing the execution of a License Agreement by and between the Mayor and City Council of Cumberland and the Cumberland Reds Pee Wee Football Team for the operation of the Concession at Bower Field
Councilman Rephann made a motion to adopt item number 4, authorizing the execution of the CDBG Grant application. Councilman Hedrick seconded the motion, and the following was adopted on a vote of 4 – 1 with Councilman Hendershot abstaining from the vote as he is affiliated with two of the recipients of grant awards:
Order No. 24,567 Authorizing the Mayor to execute and submit an Application for CDBG Grant Entitlement Funds for FY 2007-08
Letters, Petitions, Applications, Proclamations, Etc:
The following letter was acknowledged and entered into public record:
1. From Jerry Frantz, Director of Finance,
Personal Property $0.1848
Requests To Be Heard:
There were no requests
Adjournment
With no further business to conduct, the meeting adjourned at 7:49 P.M.
Approved June 12, 2007
______________________________
Mayor, Lee N. Fiedler
Attest:
___________________________
Sharon S. Clark, City Clerk