Council Minutes
Tuesday, May 15, 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 Elliott, Hedrick, Hendershot, and Rephann.
Department Heads and/or Officials Present: Jeffrey E. Repp, City
Minutes :
Councilman Elliott made a motion to adopt the Regular Session minutes of May 1, 2007, and the Work Session minutes of March 20 and April 3, 2007. The motion was seconded by Councilman Hendershot 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, March 20, 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 March 20, 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 discuss pending litigation in accordance with Sections 10-508 (8) of the State Government of the Annotated Code of Maryland.
Present in the meeting were Acting Mayor Elliott, Councilmen Hendershot, Hedrick and Rephann. Also present were Jeffrey E. Repp, City
Councilman Hendershot seconded the motion and the minutes were unanimously adopted.
Reports –
Councilman Hendershot made a motion to adopt the Routine Reports submitted. The motion was seconded by Councilman Hedrick, and the following reports were unanimously adopted:
1. Personnel Activity Report submitted by April Howser, Human Resources Officer, for the period April 29 through May 12, 2007
2. Fire Department Monthly report submitted by Chief Herbaugh, Cumberland Fire Chief for the month of March
3. Engineering Division Monthly Report submitted by John DiFonzo, City Engineer, for the month of April
4. Report of Permitting and Code Enforcement submitted by Jeffrey Rhodes, Director of Administrative Services, for the period April 26 through May 9, 2007
Presentation and Disposition of Letters, Petitions, Applications, Proclamations, etc:
A Proclamation declaring May 13-19, 2007 “National Salvation Army Week” was introduced by Mayor Fiedler. Councilman Hendershot made a motion to adopt a Proclamation. The motion was seconded by Councilman Hedrick and the proclamation was unanimously adopted.
Mr. Robert and Ms. Mary Hart, soldiers of the Salvation Army, accepted the proclamation expressing their appreciation for the support of the Mayor and City Council.
A Proclamation declaring May 20 – 26, 2007 “Emergency Medical Services Week” was introduced by Mayor Fiedler. Councilman Rephann made a motion to adopt a Proclamation. The motion was seconded by Councilman Hedrick and the proclamation was unanimously adopted. Deputy Fire Chief, Robert Long, accepted the proclamation thanking the Mayor and Council for their support.
Ordinances and Charter Amendment Resolutions:
Mayor Fiedler announced there was one Ordinance which would be introduced this evening and it would be available on the web site. The ordinance will be brought back to the Council for the second and third readings in two weeks.
Ordinance No. 3582 To repeal and reenact, with amendments, Section 15-71 of the Code prohibiting camping generally and Sections 15-74 and 15-75 setting forth penalties for violations was introduced in Title Only.
Councilman Elliott made a motion to accept the first reading and table the ordinance for two weeks. The motion was seconded by Councilman Hedrick and unanimously accepted.
Resolutions:
A Resolution Supporting Maryland Department of Housing and Community Development, Neighborhood Business Works Program Financing to the Tri-County Council of Western Maryland to provide assistance for the relocation of the Allegany Arts Council to
Councilman Rephann made a motion to adopt the resolution. Councilman Hendershot seconded the motion. Mr. Repp explained this resolution is endorsing an application that will allow the Arts Council the ability to access funding through the State of
There were no questions or comments, and the resolution was unanimously adopted.
Orders (Consent Agenda):
There were no requests received to handle any items separately. Councilman Rephann made a motion to adopt the consent agenda. Councilman Elliott seconded the motion and the following were unanimously adopted:
Order No. 24,553 Authorizing the Mayor to execute a Subordination of Deed of Trust Agreement by and between the Mayor and City Council of Cumberland and Kimberly Zembower
Order No. 24,554 Accepting the proposal of Belt Paving, Inc., to mill and pave a portion of
Order No. 24,555 Authorizing Mayor Fiedler to execute a BMX Facility Long-Term User Agreement
Order No. 24,556 Adopting an Extended Leave Donor Program for all regular City employees
Order No. 24,557 To declare vehicles and equipment surplus and authorize the City Clerk to advertise for sale
Order No. 24,558 Authorizing the Mayor and City Clerk to execute a lease agreement by and between the Mayor and City Council and U. S. Cellular for rent of real property at the Ridgedale Water Tank – base rent $900.00
Order No. 24,559 Authorizing payment to Davenport & Company as Financial Advisor for the 2007 General Obligation Refunding Bonds
Order No. 24,560 Authorizing Charles Hinnant, Chief of Police, to execute an Agreement between the Cumberland Police Department and the Allegany County Health Department for the Highway Safety Project, to be used overtime enforcement concentrating on DUI law enforcement - $3,000
Order No. 24,561 Authorizing the execution a Fifth Lease Amendment Agreement for the Sixth Extended Term between the Mayor and City Council and AT&T Corporation for lease of premises in the
Order No. 24,562 Authorizing the Mayor to execute a License Agreement by and between the Mayor and City Council and Rita Winfield, Winfield Snow Cones, for the operation of the Concessions at Mason Sports Complex and Cavanaugh Field
Order No. 24,563 Authorizing the Mayor to execute a License Agreement by and between the Mayor and City Council and Allen Shirk, T/A The Snack Hut, for operation of the concession at
Reports and Letters of Commissions, etc., and Employees:
The following letters were acknowledged and entered into public record:
1. From James W. Price, Director, Program Open Space, advising the Constitution Park Project has been included in FY 2008 Maryland Executive Budget - $125,159
2. From Governor O’Malley notifying the City that the Waterway Improvement Fund Grant Project has been approved for FY 2008 Budget with funds available July 1, 2007 - $50,000
Requests to Be Heard:
Mr. Frank Nethken, Cumberland, suggested to the Council that trucks should park at both ends of the downtown mall and use dollies for deliveries rather than driving on the mall.
Mr. Nethken voiced the opinion that the
Mr. Nethken questioned a citizen residing on
Mr. Herbert Broll, Cumberland, in reference to the amendments to the camping ordinance, questioned the city not having a specific camping area. Mayor Fiedler advised that presently they address each request individually. Councilman Hendershot announced a group of approximately five hundred (500) bicyclists will be coming through
Referencing blighted properties, Mr. Broll asked Mr. Cohen how he would find time to prosecute blighted properties. Mr. Cohen responded he wouldn’t have taken this job if he didn’t have the ability to handle all the responsibilities, and if there would come a time when he didn’t have enough time to handle everything, he would increase the size of his staff. Mr. Broll asked if the City would have to pay him additional monies for going to court. Mr. Cohen advised Mr. Broll the city pays him based on time. Mr. Broll asked if he was correct that it could cost the City more money to prosecute. Mr. Repp responded that would be the case unless the City was able to recuperate the cost through the issues in court, with court costs sometimes being included in the judgment.
Mr. James Combs, Cumberland, referencing a letter provided to him by the City concerning the due date of the audit, stated the letter has nothing to do with the normal required date for submission of the audit, but is for submission of the Uniform Financial Report. Mayor Fiedler told Mr. Combs he would look at the letter after the meeting.
Mr. Frank Nethken, Cumberland, commented the downtown mall is dead, and years ago
Ms. Suzanne Wright, Westside Playground Committee, commented on the progress of the playground project thanking the Mayor and Council for their support and to Councilman Rephann for steering them in the right direction for applying for funding for the project. She invited the Mayor and Council and citizens to attend the dedication on June 14th.
Mayor Fiedler congratulated the Committee for their commitment and hard work on this project.
Adjournment:
With no further business, the meeting adjourned at 7:52 P.M.
Approved May 29, 2007