Regular Meeting March 8, 2005

City of Cumberland, Maryland

Regular Session

Council Minutes

Tuesday, March 8, 2005

           

                                                                                                                       

                                                                                               

            The Mayor and City Council of Cumberland, Maryland, met in Regular Session on Tuesday, March 8, 2005, in the Council Chambers of City Hall.   Mayor Fiedler called the meeting to order at 7:35 P.M.

 

 

INVOCATION – Councilman 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 were Jeffrey E. Repp, City Administrator; H. Jack Price, Jr., City Solicitor;  Jeffrey Rhodes, Director of Administrative Services; William Herbaugh, Fire Chief; Chuck Winebrenner, Code Enforcement Officer; and Sharon S. Clark City Clerk.

MINUTES:

            President Fiedler called for a motion to accept the minutes from the Regular Session and the Work Session of February 22, 2005.  Councilman Elliott made a motion to accept the minutes as written.  The motion was seconded by Councilman Hendershot and the vote unanimously carried.

            Councilman Elliott made a motion that the minutes of the Executive Session held Tuesday, February 22, 2005, be approved as written and that the minutes of today’s meeting reflect that the Mayor and City Council met in Executive Session on that date.  The meeting was held on a 4 – 0 vote to discuss personnel issues in accordance with the provisions of Section 10 508 (1) of the State Government Article of the Annotated Code of Maryland.  Councilman Hedrick seconded the motion and the vote unanimously carried to accept the minutes as written.

 

REPORTS:

Routine:

1.  Personnel Activity report submitted by April Howser, Human Resource Officer, for the period February 20 through March 5, 2005.

            2. Report of Code Enforcement submitted by Jeff Rhodes for the period February 8 through March 4, 2005

            Councilman Rephann made a motion to accept the reports, Councilman Hendershot seconded the motion, and the vote unanimously carried.

 

ORDINANCES AND CHARTER AMENDMENT RESOLUTIONS:

            Ordinance No. 3517 entitled “AN ORDINANCE TO AUTHORIZE THE EXECUTION OF AN ADDENDUM TO LEASE AGREEMENT BETWEEN THE MAYOR AND CITY COUNCIL OF CUMBERLAND AND DECATUR HEIGHTS DEVELOPMENT, LLC FOR PROPERTY COMMONLY KNOWN AS ALLEGANY TOWERS, LOCATED ON GLENN STREET, IN THE CITY OF CUMBERLAND, ALLEGANY COUNTY, MARYLAND” was introduced and read in Title Only.  Councilman Elliott 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. 3517 was read in Title Only for it’s second reading.  Councilman Elliott made a motion to accept the second reading and move to the third reading after hearing comment.  Councilman Rephann seconded the motion after which Mr. Price, City Solicitor, provided a brief explanation.  Mayor Fiedler asked for questions or comments.  There were none to be heard, and the motion unanimously carried.

            Ordinance No. 3517 was read in Title Only for it’s third reading and unanimously adopted.

 

ORDERS:

            Consent Agenda:

 

             Mayor Fiedler advised that there were four items on the consent agenda and asked if there were requests for any item to be handled separately.  There were no requests, it was moved by Councilman Rephann and seconded by Councilman Hendershot to adopt the consent agenda.    The vote unanimously carried and the consent agenda was adopted as follows:

Order No. 24,164  Authorizing the Fire Chief to execute a county-wide Paramedic Intercept Agreement

 

Order No. 24,165 Authorizing the City Administrator and City Clerk to execute an employment Agreement between the Mayor and City Council and John S. Reckley to perform the services of Laboratory Technician for the City of Cumberland

 

Order No. 24,166 Accepting the bid of Shaffer Ford for a 2005 Ford F-350 with Dump Body and Snow Plow for the Utilities Division - $33,738.00

 

Order No. 24,167 Authorizing the Mayor and City Clerk to execute a Grant Agreement between the Dept. of Business and Economic Development and the Mayor and City Council - $14,000.00

 

            Mayor Fiedler asked for a motion to adopt an order added to the agenda appointing the City Administrator to the Canal Place Preservation and Development Authority.  Councilman Hendershot made a motion to adopt the order, seconded by Councilman Elliott.  Mayor Fiedler gave a brief explanation for the appointment and asked for questions or comments.  Being none, the order was unanimously adopted as follows:

            Order No. 24,168 Appointing Jeff E. Repp, City Administrator, the City’s representative on the Canal Place Preservation & Development Authority.

 

 

Presentations and Disposition of Letters, Petitions,

Applications, Proclamations, Etc:

 

            Letters:

            1.  From Md. Dept. of Housing & Comm. Dev. notifying the City that the Chapel Hill Historic District and Decatur Street Historic District are being recommended for nomination to the National Register of Historic Places.

           

            2.  A letter of commendation for Corporal Bennett; Dispatcher, Diane Sharon; and the Cumberland Police Department in the handling of an incident that occurred February 9, 2005.

 

 

Requests To Be Heard:

 

            Mr. Gary Lambert, Commander of Post 411, VFW, addressed the Mayor and City Council requesting a waiver of permit fees for a Gulf War Memorial to be placed in front of their establishment on the corner Queen City Pavement and Union Street.  Mr. Repp said this would probably be a miscellaneous permit with a fee of $15.00.   Mr. Lambert was requested to schedule a meeting with the City Administrator for discussion of the project and waiver of the fee.  Mayor Fiedler applauded the VFW for this undertaking.          

            Mr. James Combs, Winifred Road, addressed the Mayor and City Council concerning the following:

            1. Status of the audit.    Mr. Repp replied it is under development and expected to be completed around the end of April.

            2.  Follow-up question concerning the City being fined $1,000.00 a day by Pennsylvania regarding the audit not being completed.  Mayor Fiedler and Mr. Repp both said there was no fine of that nature.  Mr. Repp said there was a $250.00 fine by the State of Pennsylvania for late filing of utility fees for the Evitts Creek Water Company.

            3.  Decatur Street Development – Is the City involved in the infrastructure for the project at this time.  Mr. Repp said they are not.

            Mr. Sponaugle, 45 E. Roberts Street, addressed the Mayor and City Council expressing concerns over the manor in which inspections are being done.  Mr. Repp asked Mr. Sponaugle to give him the specific information and he would follow up.

            With no further comments, the meeting adjourned at 7:50 p.m.

 

 

 

                                                                       Approved March 22, 2005