Council Minutes
Tuesday, October 17, 2006
The Mayor and City Council of
Invocation – Councilman Hendershot
Pledge of Allegiance to the flag of the United States
Call of Roll:
Present: President 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 minutes of the Regular Session of September 28 and the Work Sessions of July 11 and 25, 2006. The motion was seconded by Councilman Hedrick and unanimously adopted.
Councilman Elliott made a motion that the Minutes of an Executive Session of the Mayor and City Council held Tuesday, July 11, 2006, be approved as written and that the minutes of today’s meeting reflect that the Mayor and City Council met in Executive Session on July 11, 2006. This meeting was held on a vote of 5 to 0 to discuss contract negotiations and legal issues in accordance with Sections 10-508 (9) and (7) of the State Government of the Annotated Code of Maryland. The motion was seconded by Councilman Hendershot and unanimously adopted.
Reports:
Councilman Hendershot made a motion to adopt the routine reports submitted. The motion was seconded by Councilman Hedrick and unanimously adopted to accept the following reports:
1. Personnel Activity Report submitted by April Howser, Human Resource Officer, for the period September 24 – October 14, 2006
2. Public Works Significant Events Report submitted by
3. Fire Department Report submitted by the Fire Chief for the month of September 2006
Ordinances and Charter Amendment Resolutions:
Charter Amendment Resolution No. 134 Amending the Charter adding Section 82B authorizing the City to acquire real, personal or mixed property by purchase, gift, bequest, devise, lease, lease-purchase, installment purchase or otherwise and to finance or refinance the acquisition of real, personal or mixed property by entering into capital leases was introduced in Title Only. Councilman Elliott made a motion to accept the first reading. The motion was seconded by Councilman Hedrick and unanimously adopted.
CAR No. 134 was read in Title Only for the second reading. Councilman Hendershot made a motion to consider a portion of the Title read as the second reading and move to the third reading after comment. The motion was seconded by Councilman Hedrick.
Mr. Repp explained the CAR would create a provision in the City Charter allowing the City to enter into capital leases and said the City would be borrowing money from M&T Bank for a period of twelve (12) months having draw downs for payment to Johnson Control. At the end of fifteen years the City will own the equipment for the amount One Dollar ($1.00). This is different from other leases the City has. He said state law allows school boards to do this and counties on an individual basis, but there is no provision in the State code at this time for municipalities. He pointed that some newer charters provide the language being adopted by this CAR, but older charters did not contemplate capital leases when they were created. The floor was open for questions or comments.
Mr. Frank Nethken asked if this was the same as a lease purchase agreement. Mr. Repp stated that it is a variation, but different explaining the difference.
Mr. Taccino asked how much would be borrowed and what the interest rate is. Mr. Repp stated the amount is $3,749,000 with an interest rate of 4.097% over fifteen (15) years.
With no further questions or comments, the second reading was unanimously adopted.
CAR No. 134 was read in Title Only for the third reading and unanimously adopted. Mayor Fiedler commented that this sets up the procedure for capital leases and it would come back to Council in fifty (50) days.
Orders – Consent Agenda:
Requests were made for items numbers 1, 5, 10, 12, and 14 on the consent agenda to be handled separately.
Councilman Elliott made a motion to adopt the remaining items on the consent agenda. The motion was seconded by Councilman Hendershot and the following consent agenda items were unanimously adopted:
Order No. 24,446 Authorizing the City
Order No. 24,447 Authorizing the City
Order No. 24,448 Authorizing the Assistant Director-Engineering Division and the Environmental Specialist to execute a grant under the Community Greening Grant Program for trees and planting costs - $50,000.00
Order No. 24,450 Authorizing the City
Order No. 24,451 Authorizing the purchase of various office furniture and equipment for the Cumberland Police Department through a Department of Justice Homeland Security Initiative Project Grant – Total $62,908.00
Order No. 24,452 Authorizing the Mayor to execute an ARC/CTA Grant Agreement between the Maryland Department of Planning and the City of
Order No. 24,453 Accepting the proposal of Desman Associates for the construction phase engineering services on the Center City Parking Garage – estimated $130,800.00
Order No. 24,455 Appointing Mr. Charles Manto to the Historic Preservation Commission to complete the remaining term of Mr. Wesley Cooper who has resigned
Order No. 24,457 Accepting the proposal of Whitman, Requardt and Associates for the design and construction phase of the Wastewater Treatment Plant Enhanced Nutrient Removal Upgrade - $2,018,704.00
Councilman Rephann made a motion to adopt Item No. 1 on the consent agenda. The motion was seconded by Councilman Hendershot.
Mr. Herb Broll asked for further explanation. Mr. Repp commented that the $10,000.00 donation for the project and would be allocated from the Hotel/Motel funds received next year. With no further questions or comments the following order was unanimously adopted:
Order No. 24,445 Approving an appropriation for the Fort Cumberland/George Washington Memorial Project - $10,000.00
Councilman Hedrick made a motion to adopt Item No. 5 on the consent agenda. The motion was seconded by Councilman Elliott.
Mr. Combs asked if these costs were associated with the recent bond sale and what the total amount paid was. Mr. Repp said they were and that total was approximately Twenty-Six Thousand Dollars ($26,000) and provided a breakdown of payments. With no further questions, the following order was unanimously adopted:
Order No. 24,449 Authorizing payment to Davenport & Company LLC as Financial Advisor for the sale of the Tax-Exempt General Obligation Bond Issue 2006 - $18,042.07
Councilman Hedrick made a motion to adopt Item No. 10 on the consent agenda. The motion was seconded by Councilman Elliott.
Mr. Frank Nethken asked what building this was for. Mr. Repp stated it is for the construction of the new
Mr. Taccino asked where on
Order No. 24,454 Authorizing the Mayor to execute an Application for Federal Assistance with the U. S. Department of Housing and Urban Development for a Section 108 loan for the
Councilman Elliott made a motion to adopt Item No. 12 on the consent agenda. The motion was seconded by Councilman Hedrick.
Mr. Combs asked if the project was a prevailing wage job. Mr. Repp said he assumed it was as the contractor is a prevailing wage employer, but said there were no requirements because only local monies were involved. Mr. Repp stated he would check on wages and added that Engineering staff had evaluated the bid and met with the contractor and was insured that the scope of the work in the bid document would be met.
Ms. Terri Socha asked what the discrepancy was between the high and low bid. Mr. Repp said the difference was approximately $900,000. Ms. Socha asked if that would be the profit a contractor would normally expect to make. Mr. Repp said it was not in a position to answer that question; that all bidders had the same scope and the City’s job is to advertise the bids, evaluate, and make recommendation to the Mayor and Council for the best bid. He added that Nathan Contracting is currently working on the flood control project. He verified that Engineering Staff had met with the contractor, checked their background and references. Ms. Socha asked who would be on the hook if it doesn’t turn out well. Mr. Repp responded that was a hypothetical question and didn’t feel he had to answer. Mayor Fiedler stated they have asked questions concerning the difference in the bids, had it checked out, and they have met with Nathan Contracting. He said they are accepting the bid as it has met the specification and it is the low bid. Ms. Socha asked if everyone agrees this bid was looked at sufficiently and the project will have a positive outcome. Mr. Repp stated that question was asked and answered. With no further questions, the following order was unanimously adopted:
Order No. 24,456 Accepting the bid of Nathan Contracting for the Center City Parking Garage Restoration Project - $1,276,934.00
Councilman Rephann made a motion to adopt Item No. 14 on the consent agenda. Councilman Hedrick seconded the motion.
Mr. Frank Nethken asked the terms of the agreement. Mr. Repp advised it is a one year lease with two one-year options for renewal and verified it is the facility currently occupied. Mr. Nethken asked if that means they would be moving within the next three years to which Mr. Repp responded that it didn’t necessary mean that, but it has been customary to enter three year leases with them. With no further comments, the following order was unanimously adopted:
Order No. 24,458 Authorizing the Mayor and City Clerk to execute a lease agreement between the City and The Allegany County Human Resources Development Commission, Inc. for property located at
Presentation and Disposition of Letters, Petitions, Applications, Proclamations, Etc:
Letters:
1. From the U.S. Dept. of Housing and Urban Development – Review Letter for Program Year 2004
2. From the Maryland Municipal League notifying of Legislative Action Requests selected for recommendation as MML priority issues:
a. State Aid for Police Protection – Increased Aid
b. Streetlights – Municipal and
Petition:
1. Petition to the Mayor and City Council from Braddock Heights Development, Inc. to enter into a Development Rights and Responsibilities Agreement for the development of Allegany Highland Estates Development
Proclamations:
1. Mayor Fiedler presented a Proclamation for Fire Prevention Week – October 8 through 14, 2006. The proclamation was accepted by Chief Herbaugh, Cumberland Fire Chief.
Councilman Hendershot made the motion to adopt the Proclamation, seconded by Councilman Elliott. The proclamation was unanimously adopted.
2. Mayor Fiedler presented a Proclamation for White Cane Safety Day – October 15, 2006.
Councilman Hendershot made a motion to adopt the Proclamation, seconded by Councilman Hedrick. The proclamation was unanimously adopted. Ms. Faulkner was not present to accept the proclamation; however, it was noted it would be forwarded to her.
Requests To Be Heard:
Mr. James Combs,
1. Why links on the agenda cannot be activated. Mr. Repp responded that, while the e-mailed agenda appears to have documents attached, they do not. He also stated that the City is working towards and looking at a several packages to make them available for both the Mayor and City Council and the public.
2. Marketplace Project – will there be a public street through the shopping center? Mr. Repp stated the street will be added to the City’s inventory. Mr. Combs asked if the County plows the Country Club Mall? Mr. Repp said that was a different type of street and said this would be a major thoroughfare through the development.
3. Said he feels more City issues could and should be discussed in public forum.
4. Asked if a new Comptroller had been hired. Mr. Repp stated there had been and explained this was not a contractual position as are Police Chief, Fire Chief, Director of Administrative Services, etc., but rather is a classified position in the City and does not require Mayor and Council action. He provided background information concerning Mr. Urban, the
Mr. Frank Nethken,
1. Stated that if the
2. Asked when the announcement would be made concerning the hiring of the Police Chief? Mayor Fiedler responded that interviews would be completed by the end of the month and announcement should be made early November.
3. Asked if the announcement would be made prior to the election? Mayor Fiedler responded that he didn’t know, but it should not be a political issue. Mr. Nethken expressed his support for Chief Ogle.
4. Asked what the Mayor and Council’s position is on new hospital as to why it is necessary and the advantages of a new hospital? Mayor Fiedler responded that he is on the Memorial Board and has seen several presentations. He said he believes it is a good program and will take the City ahead. He added the Board has voted on it and approved it. Mr. Nethken stated the most people are satisfied with it as it is now.
5. Mr. Nethken asked about possible traffic problems. Mayor Fiedler said that had been studied by the
Mr. Taccino,
1. Stated he had not yet discussed the insurance issue with Mr. Cohen. He provided a written document to Mr. Cohen.
2. Read a portion of Section 1 of the Disciplinary Policy and asked who wrote it. Mr. Repp said it came from staff through him for adoption by the Mayor and Council. He again read a portion of the policy. Mr. Repp asked if Mr. Taccino had a question on the policy. He asked who wrote Section 1. Mr. Repp explained there was a committee consisting of staff from the public works, police, and fire departments who drafted the policy and submitted it to him. He verified the guidelines had been adopted by the Mayor and Council.
Mr. Cohen addressed Mr. Taccino acknowledging he has reviewed the fleet insurance policy and it is his opinion that it, generally speaking, does cover employees who have city-owned vehicles, who are listed on the City’s insurance policy while they are not on duty. He said he will be following up with a letter to the insurance company to confirm that. He acknowledged there are exceptions to every general rule where there could be exceptional circumstances where the coverage would not apply, but generally it does.
Mr. Taccino asked about another section of the policy to which Mr. Cohen told him was not applicable to the circumstance he questioned as, to the best of his knowledge, there was no destruction or confiscation with the vehicle involved. Mr. Taccino had a number of additional questions. Mayor Fiedler told Mr. Taccino Mr. Cohen would provide him with a written response to his letter. Mr. Taccino continued questioning Mr. Cohen concerning various aspects of the policy. Mayor Fiedler asked Mr. Taccino to finish and he and Mr. Repp both told Mr. Taccino he would receive a written response to his questions. Mr. Taccino expressed disagreement with both Mr. Repp and Mr. Cohen and asked, concerning the issue, if they were aware that Mr. Hagerich’s rights are being violated, his rights are being violated, and the tax payer’s rights are being violated. He continued and Mayor Fiedler asked him to sit down saying he was getting into personal issues. Mr. Taccino said it was not personal and Mayor Fiedler again asked him to please sit down. Mr. Taccino continued and Mayor Fiedler asked the police officer to escort Mr. Taccino out of the meeting. Mr. Taccino was escorted out of the meeting.
Mr. Herb Broll,
Mr. Broll addressed the Mayor and Council contending that the appointment of a Police Chief was made a political issue by dragging it out, and referenced what he considered to be political statements made by the Mayor concerning jobs through the Willowbrook Marketplace and jobs through a business venture previously announced by Councilman Hedrick.
Mr. Broll asked about recent borrowing by the Mayor and Council and why they keep borrowing money. Mayor Fiedler explained the program with Johnson Controls for which a portion of the monies were being borrowed advising that it is a fifteen year program that will result in a savings for the City through replacement of current equipment and energy savings.
Mr. Broll referenced a request to Mr. Cohen to review the charter concerning the debt limit. Mr. Repp advised that provision in the Charter was removed in 1996, at which time the limit was 10% of the City’s assessable base; therefore, if it were in effect today they could borrow up to sixty-seven million dollars. He emphasized you don’t borrow based on how much you can borrow, but rather on your ability to repay. Mr. Repp also noted that the program with Johnson Controls would be a net savings to the City of 2.3 million dollars over the next fifteen years.
Mr. Broll questioned the Mayor regarding a telephone conversation after a morning meeting concerning the Police Chief position and his request to be put on the committee for the selection. Mayor Fiedler acknowledged a telephone conversation with Mr. Broll concerning that issue where he recollected that Mr. Broll tried to bribe him to put him on the committee in exchange for smoothing things over. Mr. Broll denied making a bribe to the Mayor and asked the Mayor to retract the statement. Mayor Fiedler did not retract the statement. There was continued disagreement.
Mr. Rephann made a motion to adjourn the meeting. Mr. Hendershot seconded the motion and it was unanimous.
Adjournment:
With no further discussion, the meeting adjourned at 8:21 P.M.
Approved November 14, 2006
Floyd Pete Elliott
Acting Mayor
Attest:
Sharon S. Clark
City Clerk