Mayor and City Council
City Hall Conference Room
Tuesday, December 12, 2006
6:15 P.M.
Present – Mayor Lee N. Fiedler, and Council Members Floyd “Pete” Elliott, Edward C. Hedrick, Jr., Harold L. Hendershot, Jr., and Terance J. Rephann.
Also Present – Jeffrey E. Repp, City
I. Public Meeting Agenda Review –
Mr. Repp stated the need for modifications to the Camping Ordinance would not be necessary and would be pulled from the work session agenda for discussion. He said Mr. Cohen, City Solicitor, would advise the Council of the reasons.
Ordinances -
1. Implementing and enforcing the Maryland Building Performance Standards with State modifications and local amendments. Mr. Repp advised this would be put into the City Code.
2. Authorizing the acquisition of a parcel of land located at Willowbrook Road for the purpose of acquiring property needed for a public purpose as authorized by Article 23A, Section 2(b) (24) of the Annotated Code of Maryland.
Mr. Repp reviewed the need for this ordinance and explained this would start the process for the City Solicitor to be able to acquire this property through Eminent Domain if there was a need in order for the Willowbrook Market Place project to go forward if the KFII and Libby cannot work together to move forward with the project.
Mr. Cohen explained the developments to date necessitating in this action. Mayor Fiedler advised he and Mr. Repp had met with Libby, owners of the Winchester Group who purchased the Snyder property, and took the position that their hope is that the private developers would be able to work together and reach an accord and resolve the issue; but in the event they are not able to do so this will empower Mr. Cohen to proceed with acquiring the site with the goal of the Mayor and Council being to see that the retail development becomes a reality regardless of who the eventual developer or ownership group may be.
Upon question from Mr. Herbert Broll, Mayor Fiedler explained that one group owns one parcel and another group owns another parcel.
Mr. Repp reviewed the following resolutions on the agenda and asked for questions of Council. There were no questions.
Resolutions –
1. Authorizing the submission of an application for grant funds from the Department of Business and Economic Development of the State of
2. Approving the purchase and lease of equipment for use in a performance energy contract between the City and Johnson Controls, Inc.
3. Authorizing and empowering the City
Consent Agenda -
Mr. Repp reviewed the following four (4) consent agenda items:
1. Accepting the bid of Criswell Chevrolet for the purchase of vehicles as part of the State of Maryland bid - 2006 4x4 SUV for Utilities, $21,000; 2006 pick-up truck with snow plow for Wastewater Collections, $23,000; Two (2) 2006 ¾ ton pick-up truck for Water Distribution, $24,000 each; Two (2) 2006 1 ton 4x4 Dump Truck with snow plow for Public Works Maintenance Division, $60,000 each – Total $212,000.00
2. Accepting the bid of Maryland Industrial Trucks for the purchase of one (1) current model Cimline Crack Sealer as part of the City of
3. Authorizing the City
Mr. Repp advised this lease financing agreement is for equipment that was budgeted in the 2007 budget. He further stated that SunTrust was the low bid and reviewed bids received. Staff’s recommendation is for adoption of the order.
4. Accepting the proposal of Power Systems Analysis for a City facilities Electrical Arc Flash Hazard Analysis - $75,944.00
Mr. Repp explained the Arc Flash Hazard Analysis project stating it was part of the Public Improvement Bond of 2006 and was a multi-fund item including the general, water, and sewer funds. Mr. Repp asked for questions regarding the order. There were none.
Letters -
Mr. Repp reviewed the following letter from the City Clerk concerning the effective date of CAR No. 134:
1. A letter from the City Clerk advising that with no petitions for referendum having been received for Charter Amendment Resolution No. 134 authorizing the City to acquire real, personal or mixed property by purchase, gift, bequest, devise, lease, lease-purchase, installment purchase or other, the CAR became effective December 6, 2006.
II. Police Department Management Reorganization – Chief Charles Hinnant, Cumberland Police Department
Chief Hinnant reviewed in detail the current structure of the police department explaining that some jobs have become part time partially as a result of the City’s MIS Department assuming the responsibilities of the police department computer operations as well as the consolidation of dispatchers with Allegany County and the housing of criminal summons resulting in administrative duties being gone with personnel still in place. He explained in detail his proposal for streamlining the department including the creation of five lieutenant positions explaining how they would function, the reduction of a Captain position, creation of a Deputy Chief position, and the freeing up of two people to be put on patrol duty.
Upon question from Councilman Elliott, Mr. Repp stated they would be meeting to discuss the traffic function being moved to the Engineering Department. Chief Hinnant explained his thoughts were that the Police Department’s function was to enforce with other aspects being a function of the Engineering Department.
Mr. Repp provided further detail regarding the Deputy Chief position stating that position was recommended to be removed from the classified service and made a contract position, noting this position would be filled with an older officer who would be looking at retirement in the next five years and the emphasis would be to be more accountable to the Police Chief and the goals of the City.
Councilman Hendershot asked if Chief Hinnant envisions this position would move into the Chief position. Chief Hinnant responded that if he does his job well that person should be a qualified candidate for the position and further stating that with the creation of this position the City would never be without a Chief of Police. Councilman Hendershot asked for clarification that this employee would not automatically be made Chief, but should be a qualified candidate for the position. It was agreed. Mr. Repp further advised this position would be salary and exempt from FLSA. Mr. Herbert Broll asked the salary for the position. Mr. Repp responded that it has not been determined as of this date. Upon question from Ms. Linda Golden, he said the Captain’s salary prior to being Acting Chief was between forty and forty-five thousand dollars.
Mr. Repp advised the next step in the process was adoption of a revised table of organization and for Council to review a contract. With no further questions, it was agreed to bring this back to the Council in January.
III. Proposed Modification to Camping Ordinance – Michael S. Cohen, City Solicitor
Mr. Cohen distributed copies of existing language in the City Code, Section 15-75 and Section 1-7, addressing the penalty for violation of the camping ordinance. He stated the concern of the camping ordinance not have teeth for enforcement is no longer a concern as these sections addressing the issue. His recommendation was that there was no need for a modification of the ordinance to sanction penalty.
Mr. Herbert Broll asked the Mayor why the City doesn’t designate a City-owned lot as a place where people can sleep outside. Mayor Fielder advised the camping ordinance addresses that issue.
IV. Council Rules and Regulations – Modification to Rules #17 and 18
Changes to the proposed amendments of the Rules and Regulations, after consideration of public comments and concerns, were reviewed noting that the time limit for speaking was increased from three minutes to five minutes with no authority given for granting of extended time. It was noted that this language applied to both rules 17 and 18. The other change made was to remove a portion in amendment to rule 18 regarding politics or political grandstanding. Mr. Repp stated that if everyone was comfortable with these changes to the amendment, presentation for action of Council would be on the agenda at the January meeting.
Mr. Broll asked why Council feels the need to amend the current rules. Mayor Fielder stated that the current rules do not explain conduct applicable for removal from the meeting and there is a need for definition applying to this action.
V. Modification to
Mr. Rhodes, Director of Administrative Services, introduced members of participants who were present that were involved in this project. He and Mr. Cox, Housing/Bldg./Zoning Office, presented a first draft to modifications to the Cumberland Housing Code asking for guidance in proceeding. Proposed changes were reviewed in detail regarding switching the program from registration to licensing of rental dwelling units; the ability to revoke, suspend, or deny license based on certain conditions; registration of agents; required or volunteer training for laws; removal of some exemptions; and shifting to a self-inspection process. Input was requested with comments to be received by Community Development by January 30, 2007.
Mr. Cohen suggested, regarding a boarding house provision, to include an exemption for children placed in a home as a result of foster care, for a local individual to be designated to address issues, and for all corporation LLC’s to be required to have a resident agent who can accept serving of papers. Councilman Hedrick suggested the requirement for have renewal training when a license is renewed and providing pamphlets of the code. Mr. Cohen asked if there were provisions for agents to get training. Mr. Rhodes said there was which is what may force absentee landlords to have bona fide agents.
Mr. Cox reviewed in detail definition changes.
Mr. Rhodes requested that Section 308 be looked at closely and it was noted that Chapter 3 is where most of changes have been made.
Mr. Cohen asked if there was a provision that a license could not be transferred. Mr. Rhodes said there was not, but they would look at that.
Councilman Rephann asked if there was a need for language concerning tenant rights. Mr. Cohen said there was not as
Ms. Linda Golden asked if there was a due process for people denied. Mr. Rhodes advised the draft includes a right for appeal.
Chapter IV was reviewed regarding changes to include the ability to disconnect service for non-payment if a tenant pays the water bill, fire alarm systems, electrical outlets, and the exclusion of outdoor furnaces (existing outdoor furnaces to be grandfathered).
Chapter V addressed safety and sanitary measures and cleaned up language, and changes to be phased in regarding materials for dwelling entry doors.
Chapter VI adds language concerning animal confinement areas.
Chapter X addressed language concerning special provisions for boarding houses concerning ratio of persons vs. number of water closets and lavatory basins.
An overview of the main changes to the Code was given. Upon question from Councilman Hendershot, Mr. Cox reviewed the calculation procedure regarding the allowance for number of occupants in a dwelling. Regarding trash billing, Mr. Rhodes stated that the charge for trash is made if there is water service to the property unless a dumpster permit has been issued.
VI. Administrative Session:
Mr. Repp requested an Administrative Session to discuss personnel issues and consult with legal. Councilman Hendershot made a motion to go into Administrative Session. The motion was seconded by Councilman Hedrick, and unanimously adopted.
VII. Adjournment:
The Work Session adjourned as 7:13 p.m.
Respectfully submitted,
Sharon S. Clark
City Clerk