Council Minutes
Tuesday, February 6, 2007
The Mayor and City Council of Cumberland, Maryland, met in Public Session on Tuesday, February 6, 2007, in the Council Chambers of City Hall. President Fiedler called the meeting to order at 7:30 P.M.
Invocation – Councilman Harold 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: Jeffrey E. Repp, City Administrator; Kevin Hagerich, Director of Public Works; Jeffrey Rhodes, Director of Administrative Services; Charles Hinnant, Police Chief; William Herbaugh, Fire Chief; Jay Oliver, Urban Programs Manager; Lee Borrer, Community Development Specialist; Michael Cohen, City Solicitor; and Sharon S. Clark, City Clerk
Minutes –
Councilman Hendershot made a motion to adopt the minutes of the Regular Sessions of January 9 and 23, 2007; and the Work Session Minutes of November 28, December 12, 2006, and January 9, 2007. The motion was seconded by Councilman Elliott and the minutes were unanimously adopted.
Reports –
(a) Routine Reports:
The following reports were submitted:
1. Personnel Activity Report submitted by April Howser, Human Resources Officer, for the period January 7 through February 3, 2007
2. Report of Code Enforcement submitted by Jeffrey Rhodes for the period December 1, 2006, to January 31, 2007
Councilman Elliott made a motion to adopt the Routine Reports. The motion was seconded by Councilman Hedrick and the reports were unanimously adopted.
Mayor Fiedler adjourned the Regular Session at 7:31 p.m. to conduct the following Public Hearing:
(b) Public Hearing – 2007 CDBG – Past Accomplishments/Needs Assessment
Mr. Jay Oliver, Urban Programs Manager, opened the Public Hearing advising this is the first of two public hearings to be held addressing CDBG Funding with the purpose of this hearing to receive input from the public concerning project requests. He introduced Ms. Lee Borrer, Community Development Specialist. Mr. Oliver then reviewed that projects must meet the Statutory Benefit Requirement benefiting low income people, help with blight removal or alleviation, or be an urgent need such as a disaster. Packets were available explaining objectives, eligible activities, funding checklist, the consolidated plan goals, the time line, as well as CDBG program accomplishments for 2005-2006. Mr. Oliver summarized types of eligible activities. He advised the allocation last year was $1,028,000.
Ms. Borrer reviewed and explained the process and time line, with the application deadline being February 23rd. All information was included in the handout provided.
Requests were heard from the following for consideration of funding:
Mr. James Ortiz, South Cumberland Business Association
Ms. Bonnie Austin, Carver Community Center
Mr. Harry Smith/Ms. Peggy Ruppenkamp, Allegany County Bd. Of Education -Washington Middle School Foundation
Ms. Melanie Michael, Neighborhood Advisory Commission
Mr. William AuMiller, Greenway Avenue Stadium Committee
Ms. Courtney Thomas, HRDC
Mr. James Hilgeman, Allegany Health Rights
Mr. Steven Harris, Community Unity In Action
Ms. Stacey Miller, Life Management Services, Inc.
Mr. Vic Ryan, Henry Heart Post 1411 – Gulf War Memorial
Ms. Ginny Georg, Friends Aware
Mr. Carlos Reyes, Day Break Ministries
Mr. Kenneth Watkins, Soles Won Ministries
The Public Hearing adjourned at 8:12 p.m., and the Regular Session reconvened.
Ordinances and Charter Amendment Resolutions:
Ordinance No. 3573 supplementing Ordinance No. 3562 authorizing the Mayor and Council to use and apply a portion of the proceeds of the Public Improvements Bond of 2006 due to unanticipated cost savings on the Original Projects for projects identified as: Capital Improvements/Equipment – City Hall, Capital Improvements – Public Safety Building, New Fire Engine, and Road Improvement Program was introduced in Title Only. Councilman Elliott made a motion to adopt the first reading and move to the second reading. Councilman Hedrick seconded the motion, and it was unanimously accepted.
Ordinance No. 3573 was read in Title Only for its second reading. Councilman Elliott made a motion to accept the second reading and move to the third reading after comment. Councilman Hedrick seconded the motion. Mr. Repp explained the Ordinance and the first Resolution on the agenda authorizes the re-allocation of funds from the 2006 Public Improvement Bonds for additional projects. The ability to re-allocate proceeds was derived through savings obtained on several projects. Mr. Repp stated the additional projects are for additional improvements to City Hall and the Public Safety Building the purchase of a new fire engine and funds for the road improvement program.
Mayor Fiedler asked for questions or comments. Being no further comments, the second reading was unanimously accepted.
Ordinance No. 3573 was read in Title Only for its third reading and the ordinance was unanimously adopted.
Resolutions -
A Resolution supplementing a Resolution adopted to authorize the Mayor and City Council to apply a portion of the proceeds of the Public Improvement Bond of 2006 for financing or reimbursing costs of projects: Capital Improvements/Equipment – City Hall, Capital Improvements – Public Safety Building, New Fire Engine, and Road Improvement Project in addition to or substitution for certain projects provided for in the Bond Issue was introduced in Title Only. Councilman Hendershot made a motion to adopt the Resolution, seconded by Councilman Hedrick.
There were no questions or comments and the Resolution was unanimously adopted.
A Resolution granting the Western Maryland Scenic Railroad a property Tax Credit for the tax year 2006-07 in accordance with Section 9-301 of the Tax-Property Article in the amount of $10,692.38 was introduced in Title Only. Councilman Hendershot made a motion to adopt the Resolution, seconded by Councilman Rephann. Mr. Repp explained the Resolution provides authorization to grant a credit for the Western Maryland Scenic Railroad as provided by state law.
Orders (Consent Agenda):
Mayor Fiedler asked for requests to handle items on the consent agenda separately. Requests were made for Items Numbers 4, 7, and 9 to be handled separately.
Councilman Rephann 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. 24,502 Accepting the Fiscal Year 2006 Financial Report and Fiscal Year 2006 Single Audit Report
Order No. 24,503 Approving the recommended projects for Rolling Mill Code Compliance Residential Forgivable/Commercial Deferred Loans for the residential property at 757 Maryland Avenue and the Commercial property at 218 Williams Street through Community Legacy Funding – Maryland Avenue, $5,400; Williams Street, $15,000
Order No. 24,504 Authorizing the Mayor and City Clerk to execute a Road Transfer Agreement by and between the State Highway Administration of the Department of Transportation and the Mayor and City Council of Cumberland for a section of roadway known as Thomas Street - .15 Miles
Order No. 24,506 Authorizing the abatement of Personal Property taxes deemed uncollectible by the City Solicitor - $294.75
Order No. 24,507 Approving a Historic District Tax Credit for property at 37-45 Baltimore Street owned by Midson, LLC - $71,396.00 (5 Years)
Order No. 24,509 Declaring City-owned 1995 Chevrolet 4x4 Dump, to be surplus and authorizing disposal of said vehicle
Order No. 24,511 Authorizing the City Comptroller to abate City taxes on two City-owned properties located on Bishop Walsh Road/Haystack Mt. - $1,642.39 and $1,660.09
Order No. 24,512 Authorizing the Mayor and City Clerk to execute an Agreement between the Mayor and City Council and Nate Emory to provide services as “Engineer” for improvement projects to Constitution Park in an amount not to exceed $10,000.00 to be completed no later than October 31, 2007.
Councilman Hendershot made a motion to adopt Item Number 4 on the Consent Agenda, seconded by Councilman Hedrick.
Mr. Herbert Broll asked if this was a new policy. Mr. Repp explained this is the policy that has been discussed at several work sessions. He said there had been no changes since the presentation at work session. Mr. Repp added that the Police Department has their own policy concerning take-home vehicles and this would be applicable to all other departments and provides a mechanism to determine who gets a city take-home vehicle, how it will be marked, and what markings will be on the vehicle. Mr. Broll asked if there would be vehicles that would not be marked. Mr. Repp replied that all vehicles would be marked with the exception of some police vehicles.
With no further questions, the following item was unanimously adopted:
Order No. 24,505 Adopting a City Take Home Vehicle Policy applicable to all City employees with the exception of those covered by the Cumberland Police Department Take Home Vehicle Policy
Councilman Hendershot made a motion to adopt Item Number 7 on the consent agenda, seconded by Councilman Hedrick.
Mr. Herbert Broll asked who made up the partnership of Midson, LLC. Mr. Repp replied that this is Windsor Hall and Mr. Dave Kauffman is a partner, but he did now know the other partners. Mayor Fiedler added that Ed Mullaney is also a partner. Mr. Repp advised the property is an L-shaped property at S. Mechanic and Baltimore Streets with this property being located at S. Mechanic Street and the tax credit being $700.00. The other Historic District Tax Credit on the agenda is for the Baltimore Street property having a different value.
With no further questions, the following item was unanimously adopted:
Order No. 24,508 Approving a Historic District Tax Credit for property at 10 S. Mechanic Street owned by Midson, LLC - $700.00 (5 Years)
Councilman Hendershot made a motion to adopt Item Number 9 on the consent agenda, seconded by Councilman Hedrick.
Mr. Herbert Broll asked of the City normally abates taxes for city-owned properties. Mr. Repp explained this property is city-owned, but occupied by a private entity therefore a tax bill is generated for it.
With no further questions, the following item was unanimously adopted:
Order No. 24,510 Authorizing the City Comptroller to abate City taxes on City-owned property located at 1 Navy Way - $10,137.47
Presentation and Disposition of Letters, Petitions, Applications, Proclamantions, etc:
Letters:
1. From Atlantic Broadband, LLC advising the City of the establishment of maximum permitted rates for basic service, equipment and installation charges for customers in the City.
Requests To Be Heard:
Mr. Herbert Broll, Pennsylvania Avenue, Cumberland, presented an article to the Mayor and Council that had been published in the Cumberland Times News involving a man’s rights being violated when he was arrested for swearing in a public meeting; asking them to take note of the article.
Mr. Broll, referencing a job advertisement in the newspaper, expressed concern over crime in the South Cumberland area and asked that policemen be hired before hiring for other positions. Mayor Fiedler advised the advertised position was not a new position, but replacement of current personnel. Mr. Broll asked for the hiring to be put on hold with a need for more police officers.
Mr. Broll suggested using the CDBG monies this year for needed street repairs rather than awarding funds to the various organizations as requested during the public hearing.
Ms. Melanie Michaels stated that citizens of the City need to become involved through citizen groups such as Let’s Beautify Cumberland, crime watch meetings, neighborhood associations, etc. as a way of assisting in addressing some of the problems.
Adjournment:
With no further business, the meeting adjourned at 8:32 p.m.
Approved March 6, 2007
Attest:
___________________________
Sharon S. Clark, City Clerk