03-20-2007 - Regular Session

03-20-2007 - Regular Session

Regular Session

Council Minutes

Tuesday, March 20, 2007

The Mayor and City Council of Cumberland, Maryland, met in Public Session on Tuesday, March 20, 2007, in the Council Chambers of City Hall. Acting President Elliott called the meeting to order at 7:31 P.M.

Invocation – Councilman Harold Hendershot

Pledge of Allegiance to the flag of the United States

Call of Roll:

Present: Acting Mayor Elliott, Councilmen Hedrick, Hendershot, and Rephann.

Absent: Mayor Fiedler

Department Heads and/or Officials Present: Jeffrey E. Repp, City Administrator; Jeffrey Rhodes, Director of Administrative Services; Charles Hinnant, Police Chief; William Herbaugh, Fire Chief; Michael Cohen, City Solicitor; and Sharon S. Clark, City Clerk

Reports –

(a) Routine Reports:

Councilman Hendershot made a motion to adopt the routine reports submitted. The motion was seconded by Councilman Hedrick and unanimously accepted to adopt the following reports:

1. Personnel Activity Report for the period March 4 – 17, 2007

2. Cumberland Police Department monthly report for the month of February 2007

3. Cumberland Fire Department monthly report for the month of February 2007

4. Public Works Report for the month of February 2007

(B) Presentation:

Centennial Initiative - Mr. Robert Hartman, Deputy Superintendent C&O Canal Park

Mr. Hartman stated that President Bush challenged the new Secretary of Interior, Dirk Kempthorne, to come up with a plan to improve the national parks prior to their centennial in 2016. The President has committed $200,000,000 to the National Park Service budget above their normal operating budget of which half will be used for increasing staff and operating programs with the other half to be used for seed money to match with partners throughout the park service. Mr. Hartman stated the C & O Canal has scheduled visits to both City and County governments, and will also have a listening session for the purpose of receiving ideas from the public. He added there will also be a listening session March 27th at Arlington Cemetery to receive suggestions from the public.

Mr. Hartman distributed a pamphlet explaining how you can participate and naming signature projects within the C&O Canal Park. He reviewed criteria to be considered when suggesting projects which are also noted in the pamphlet and stressed suggestions not be limited to the C&O Canal, but rather include all National Parks. Mr. Harman noted the re-watering of the canal is one of their signature projects.

The Regular Session was adjourned at 7:37 P.M. to conduct to following public hearing: “Expansion of the Arts and Entertainment District”

Ms. Kathy McKenney distributed documents summarizing the proposal to expand the Arts and Entertainment District and a map explaining the geographical area which she reviewed. She stated they would like to receive comments this evening from the public regarding the proposal.

Ms. McKenney gave a brief presentation from the inception of the City becoming the State of Maryland’s first Arts and Entertainment District in 2002 as well as their accomplishments from that date forward, their vision and goals. She reviewed the area and benefits of expanding it.

In closing, Ms. McKenney stated the application is due April 1, 2007, and they would be notified within sixty (60) days of approval or not. She noted if approval is not given, they will re-apply October 1^st. Ms. McKenney also advised the designation is good for a period of ten (10) years.

Mr. Andy Vick, Director of the Allegany Arts Counsel, spoke in favor of and expressed benefits of the expansion. He thanked the City for their support for the initial designation. He asked, if the designation is approved, the Council to consider the possibility of finding additional funds to advertise in national publications, etc. to help draw artists to our community.

The floor was open for public comments. There were no further comments received.

The Regular Session reconvened at 7:44 P.M.

Ordinances –

Ordinance No. 3576 Authorizing the execution of a deed for Surplus City property located at 336 Baltimore Avenue to Marvin B. Lutz and Deborah L. Lutz - $3,600.00 was presented in Title Only. Motion was made by Councilman Rephann to accept the first reading. The motion was seconded by Councilman Hedrick and unanimously accepted.

Ordinance No. 3576 was presented in Title Only for its second reading. Councilman Hendershot made a motion to accept the second reading and move to the third reading after comment. The motion was seconded by Councilman Hedrick.

There were no comments and the motion was unanimously accepted.

Ordinance No. 3576 was presented in Title Only for its third reading and unanimously adopted.

Ordinance No. 3577 Authorizing the execution of a deed for Surplus City property located at 315 Baltimore Avenue and an adjacent lot to Falcon Development of Allegany County - $1,100.00 was presented in Title Only. Councilman Rephann made a motion to accept the first reading. Councilman Hedrick seconded the motion and it was unanimously accepted.

Ordinance No. 3577 was presented for its second reading. Councilman Rephann made a motion to accept the second reading and move to the third reading after comment. The motion was seconded by Councilman Hedrick.

There were no comments and the second reading was unanimously accepted.

Ordinance No. 3577 was presented for its third reading and unanimously adopted.

Resolutions –

A Resolution Endorsing an application for the creation of an expanded Arts & Entertainment District was presented in Title Only. Councilman Rephann made a motion to adopt the Resolution. The motion was seconded by Councilman Hedrick.

There were no comments and the Resolution was unanimously adopted.

A Resolution for the merger of the 401(a) Match Plan into the Deferred Compensation Plan and to restate the City of Cumberland Deferred Compensation Plan was presented in Title Only. Councilman Rephann made a motion to adopt the resolution. The motion was seconded by Councilman Hendershot.

There were no comments and the Resolution was unanimously adopted.

Orders (Consent Agenda) -

With no requests received to discuss any items on the consent agenda separately, motion was made by Councilman Hedrick and seconded by Councilman Hendershot to adopt the Consent Agenda. The following orders were unanimously adopted:

Order No. 24,522 Accepting disbursement of Program Open Space and Land and Water Conservation Funds for the Cumberland C. Eugene Mason Sports Complex Development #7, $49,500.00; and for the Cumberland Constitution Park Development #2, $207,906.00

Order No. 24,523 Accepting the bid of Yardman Services for stump removal - $8,840.00

Order No. 24, 524 Authorizing the Mayor and City Clerk to execute a Payment In Lieu of Taxes Agreement between the Mayor and City Council and PIRHL, LLC for the Gateway Town Homes Project

Order No. 24, 525 Accepting the proposal of SAIC Global Imagery Solutions for the acquisition of satellite imagery - $7,963.00

Order No. 24,526 Authorizing the Mayor and City Council to execute a Collective Bargaining Agreement between the Mayor and City Council and Local 553 for the period July 1, 2006, through June 30, 2009

Order No. 24,527 Accepting the proposal of MCCi Municipal Code Corporation for MuniAgenda Software - $35,295.00

Order No. 24,528 Approving a Historic District Tax Credit for Mullaney Brothers LLC, owners of property located at 121-127 N. Centre Street - $8,168.82 (4 year tax freeze)

Order No. 24,529 Approved a Historic District Tax Credit for John W. and Paula E. Rae, owners of property located at 131 Race Street - $614.50 (1 year tax freeze)

Order No. 24,530 Accepting the proposal of Nate Emory for engineering services for the Springdale Street Parklet Project - $3,500.00

Order No. 24,531 Accepting the proposal of Nate Emory for engineering services for the Constitution Duck Pond Renovation Project - $6,500.00

Requests to Be Heard –

There were no requests.

Adjournment –

The meeting adjourned at 7:48 P.M.

Approved April 3, 2007