WORK SE
MAYOR AND CITY COUNCIL
CITY HALL CONFERENCE ROOM
Tuesday, October 4, 2005
6:15 P.M.
Present: Mayor Lee N. Fiedler, Council Members Floyd “Pete” Elliott, Edward C. Hedrick, Jr., Harold L. Hendershot, Jr., and Terance J. Rephann.
Also Present: Jeffrey E. Repp, City Administrator; H. Jack Price, Jr., City Solicitor; Vickie Swink, Economic Development Coordinator; Jeffrey Rhodes, Director of Administrative Services; William Herbaugh, Fire Chief; and Sharon S. Clark, City Clerk.
I. Public Meeting Agenda Review - Jeffrey E. Repp, City Administrator
Mr. Repp reviewed the public meeting agenda as follows:
Resolution:
Mr. Repp asked Chief William Herbaugh to review the information relating to and purpose of adopting the Resolution for the National Incident Management System. Chief Herbaugh presented an overview of the NIMS which is to provide a consistent nationwide template to enable Federal, State, and Local governments and private-sector and non-governmental organizations to work together effectively and efficiently to prepare for, prevent, respond to, and recover from domestic incidents, regardless of cause, size, or complexity, including acts of catastrophic terrorism as required by President Bush’s Homeland Security Presidential Directive 5, directing the Secretary of Homeland Security to develop and administer a National Incident Management System.
Chief Herbaugh stated the State of Maryland recently adopted NIMS and Allegany County adopted it at their last meeting. He explained the command system and management of NIMS, the purpose being for everyone to have common terminology, standards, procedures, and objectives. He explained in order to qualify for Federal assistance with grants for emergency preparedness, you must adopt NIMS. Training is also required and can be provided to department heads, personnel, and elected officials through the local Fire Department. Anyone who responds to an emergency needs to be trained. He explained who the Incident Commander would be under various emergencies and how that would be determined.
Chief Herbaugh elaborated on a drill to be performed the following week with the Board of Education to include the schools, Cumberland Fire Department, City Police Department, Sheriff’s Department, and State Police who will meet in a centralized location and have a unified command actually making decisions for handling emergencies.
Upon question by Mayor Fiedler, Chief Herbaugh advised the NIMS Resolution is required to be adopted by October, 2005, after which training would take place. He added that most of the fire department personnel had completed the training. Councilman Rephann asked if the City is required to have a written emergency plan. Chief stated the emergency plan is part of the Allegany County Plan, and they have been in the planning process with them. Councilman Rephann asked who the single point of contact at the City would be. Mr. Repp advised it would depend on the type of incident – if a fire related incident, it would be the Fire Chief, etc. Chief Herbaugh advised health emergencies would go to the County Health office.
Orders (Consent Agenda) - Three (3) items discussed as follows:
Item No. 1 Authorizing the Mayor to execute an Encroachment Agreement between the City of Cumberland and David McCagh for encroachment into the right-of-way on Bedford Street for creating handicap access into the building.
Item No. 2 Authorizing the Cumberland Fire Chief to execute a grant agreement between the Cumberland Fire Department and the Maryland Institute for Emergency Medical Services Systems - $11,040.00
Chief Herbaugh explained the grant funds are for updating their monitor defibrillators
Item No. 3 Authorizing the City Administrator to execute documents between the City of Cumberland and SunTrust Leasing Corporation for financing of vehicles and equipment – 5 Yr. Term, 3.59%, Total $651,501.00
Mr. Repp reviewed the awarding of the financing to SunTrust Leasing Corporation for vehicles and equipment previously awarded and the amount is less than the amount budgeted.
II. Zoning Code – Prohibited Painted Signs – Councilman Rephann
Mr. Repp advised painted signs on exterior walls of buildings is prohibited in Section 14.05 of the City’s Zoning Code. He brought to Council’s attention that recently a sign had been painted on a building on N. Mechanic Street. Mr. Repp turned the discussion over to Councilman Rephann.
Councilman Rephann addressed the Mayor and City Council explaining the owner of the building had recently put a lot of money in the building improving the area. A part of the improvement was painting a sign on the side of the building, which is prohibited. He expressed concern over that section of the zoning ordinance stating as many other communities don’t prohibit it and pointed out that painted walls in the historic district is not uncommon, and made note of several buildings with painted signs that were grandfathered in – some being maintained, some not. He agreed there is a maintenance issue, as with any other sign, and asked for review of the ordinance concerning this matter, as well as the entire zoning ordinance.
Mr. Don Fischer, Fischer Signs, who was contracted to do the sign on the N. Mechanic building, explained the reason for painting the sign on the building vs. other methods of signage. He referenced a Section 14.08 (3) of the ordinance which he believed would allow painting of signs on buildings under certain circumstances. He stated he feels this method is conducive to the area and the historic theme in Cumberland.
Upon question from Councilman Hendershot there was discussion of why painting of signs on buildings was prohibited and issues of maintenance, design, and update of signs was discussed.
Mr. Repp stated the problem in this situation is that a sign permit was not applied for; therefore, the issue was not addressed prior to the work being performed. He also advised the Council that the Code Enforcement Officer had informed them prior to the sign being painted on the building that it is prohibited in Cumberland by the Code after which the sign was painted.
Mayor Fiedler said he would like to request the Zoning Board to review the issue. Mr. Repp advised that the Mayor and City Council’s next step, if they choose, would be to adopt a council order addressing a letter to the Planning Commission requesting they review this section and make a recommendation to the Council. Councilman Rephann asked about the review of the zoning ordinance in its entirety discussed several years ago. He stated he wanted to review it in its entirety to look at similar issues and/or problems and to have public forums for the public to voice their opinion. He referenced several problems he is aware of in the code.
After further discussion of the issue at hand, it was the consensus of the Mayor and Council to ask the Zoning Board to review signage and make a recommendation. It was further agreed that the sign on the N. Mechanic building should not have been painted on the building after being advised it was prohibited and the fine of up to $500.00 for each day of violation, for two (2) violations, in accordance with the code, would stand pending a recommendation of the Zoning Board and acceptance of the recommendation by the Mayor and City Council. It was further agreed if the Zoning Board does not recommend a change in the Code that would bring this sign in compliance, the building owner would be given a period of time to remove the sign without penalty.
III. Executive Session:
Mr. Repp requested an Executive Session to discuss personnel and economic development matters. Ms. Vicki Swink, Economic Development Coordinator, and Mr. Rhodes, Director of Administrative Services were requested to stay for the session. Councilman Elliott made a motion to go into executive session, seconded by Councilman Hendershot, and unanimously approved.
IV. Adjournment:
With no further discussion, the meeting adjourned at 6:55 P.M.
Respectfully submitted,
Sharon S. Clark
City Clerk