Council Minutes
Tuesday, January 9, 2007
The Mayor and City Council of
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: Jeffrey E. Repp, City
Absent: Michael Cohen, City Solicitor
Minutes –
Councilman Elliott made a motion to adopt the Minutes of the Work Session of November 14, 2006, and the Regular Session of December 12, 2006. The motion was seconded by Councilman Hedrick and the minutes were unanimously adopted.
Councilman Elliott made a motion to adopt the minutes of the Administrative Sessions of the Mayor and City Council held Tuesday, October 17, November 14, and December 12, 2006, be approved as written.
I further move that the minutes of today’s meeting reflect that the Mayor and City Council met in Administrative Sessions on October 17, November 14, and December 12, 2006.
The meeting of October 17th was held on a vote of 5 to 0 for discussion of real estate matters in accordance with Section 10-508 (8) of the State Government of the Annotated Code of Maryland. The meeting of November 14th was held on a vote of 4 to 0, with Mayor Fiedler being absent, for discussion of real estate matters in accordance with Section 10-508 (8) of the State Government of the Annotated Code of Maryland, and the meeting of December 12th was held on a vote of 5 to 0 for discussion of personnel matters and to consult with legal in accordance with Sections 10-508 (1) and (7) of the State Government of the Annotated Code of Maryland.
Present in the meetings of October 17th and December 12th were Mayor Fiedler, Councilmen Hendershot, Elliott, Hedrick and Rephann. All Councilmen were present at the November 14th meeting; however, Mayor Fiedler was absent. Also present at all meetings were Jeffrey E. Repp, City
The motion was seconded by Councilman Hedrick and the minutes were unanimously adopted.
Reports – (A) Routine –
Councilman Elliott made a motion to adopt the routine department reports. Councilman Hedrick seconded the motion and the following reports were unanimously adopted:
1. Personnel Activity Report submitted by the Human Resources Officer for the period December 10, 2006, through January 6, 2007
2. Report of Public Work Significant Events submitted by the Director of Public Works for the month of November, 2006
3. Monthly Report of the Cumberland Police Department submitted by Chief Hinnant for the months of November and December, 2006
4. Monthly Report of the
Ordinances and Charter Amendment Resolutions -
Charter Amendment Resolution No. 135 providing for the Exemption of the Deputy Chief of Police from the classified service of the City was presented in Title Only. Councilman Elliott made a motion to adopt the first reading and move to the second reading. Councilman Hendershot seconded the motion and it the first reading was unanimously accepted.
Charter Amendment Resolution No. 135 was presented for its second reading in Title Only. Councilman Elliott made a motion to adopt the second reading and move to the third reading after comment. Councilman Hedrick seconded the motion and the second reading was unanimously adopted.
Mr. Repp, City
Charter Amendment Resolution No. 135 was presented for its third reading and unanimously adopted.
Resolutions:
A Resolution was presented Authorizing the City’s participation in the Maryland Employees Retirement and Pension System exempting employee contributions from federal tax was introduced in Title Only. Councilman Rephann made a motion to adopt the Resolution. The motion was seconded by Councilman Hendershot.
Mr. Repp, City
There were no further comments and the Resolution was unanimously adopted.
Orders (Consent Agenda):
Requests were received to handle consent agenda items numbers 2, 9, and 12 separately.
Councilman Rephann made a motion to adopt the remaining items on the consent. The motion was seconded by Councilman Hendershot and the following items were unanimously adopted:
Order No. 24,485 Accepting the proposal of Two Way Radio for the purchase of radios for use of the Police Department - $29,925.00 Homeland Security Grant Funds
Order No. 24,487 Adopting an amended Table of Organization for the City of Cumberland Police Department to include the position of Deputy Chief of Police
Order No. 24,488 Accepting the proposal of Triad Engineering, Inc. for testing concrete for the Center City Parking Garage Restoration Project - $5,068.00
Order No. 24,489 Authorizing the City
Order No. 24,490 Authorizing Chief Charles Hinnant, Police Chief, to execute a Grant Agreement between the Cumberland Police Department and the Allegany County Health Department for overtime costs related to DUI law enforcement - $3,500.00
Order No. 24,491 Authorizing Chief Charles Hinnant, Police Chief, to execute a Comprehensive Anti-Gang Activity Strategy Grant between the Cumberland Police Department and the U. S. Department of Justice - $122,475.00
Order No. 24,492 Re-appointments to the Historic Preservation Commission – Charles Manto and Kirsten Hansen and Re-appointment to the Zoning Board of Appeals – Russell Livengood (3 Year Terms)
Order No. 24,494 Rescinding Order No. 24,418 adopted September 5, 2006, for WWTP/WFP Analytical Services with Mountain Research, Inc. and awarding the contract to Fairway Laboratory Services, Inc. for a term of one year effective January 15, 2007.
Order No. 24,495 Adopting an Irrigation Water Tap Policy
Councilman Elliott made a motion to adopt item number two (2) on the consent agenda. Councilman Hendershot seconded the motion.
Mr. Herbert Broll asked who owned the property at
Order No. 24,486 Awarding Community Legacy funding to Larcorp, LLC,
Councilman Hedrick made a motion to adopt item number nine (9) on the consent agenda. Councilman Hendershot seconded the motion.
Mr. Herbert Broll asked if it was common practice to let someone out of a lease. Mr. Repp responded that the City is not letting anyone out of their lease. The property is being advertised for sale and either the current lessee could buy it or someone else could buy it or assume the lease. Upon question, Mayor Fiedler confirmed that it is not common practice to let people out of their leases. The following order was unanimously adopted:
Order No. 24,493 Authorizing the Mayor to execute a Listing Agreement between the City of Cumberland and Coldwell Banker Workmeister, Realtors, for the exclusive right to sell City-owned property located known as Lot #2, James Day Drive in the City of
Councilman Elliott made a motion to adopt item number twelve (12) on the consent agenda. Councilman Hedrick seconded the motion.
Mr. Herbert Broll expressed that he didn’t understand the need for the change in the rules of Council and if the rules were for the Mayor and Council or the public. Mayor Fiedler responded that the rules are for everyone. He added the rules were very old and not very specific. He added there was concern about the Mayor having sole authority to remove someone from the meeting and the rules would now state that he can be overridden by Council. Mr. Broll asked how the public could throw the Mayor and Council out of a meeting if they get out of hand, and expressed that they had. Mayor Fiedler stated he disagreed with Mr. Broll and refused to respond to the question. The following order was unanimously adopted:
Order No. 24,496 Adopting amended Rules and Regulation for Government – amending rules 17 and 18
Requests to Be Heard -
Mr. Herbert Broll, Pennsylvania Avenue, Cumberland, MD, asked when the report on the condition of the streets would be released. Mr. Repp stated there should be a presentation at a work session within 60-90 days. Councilman Rephann added the preliminary report had been submitted to and is being reviewed by the Engineering Department. Mr. Repp stated he felt the public would also want to know how the work would be funded.
Mr. Broll asked, with the new rule limiting the time to speak in the public comment section of the meeting, if the five minutes applied to both the speaking and answer. Mayor Fiedler and Mr. Repp both stated it was a total of five minutes.
Mr. Broll asked the status of the audit. Mr. Repp said a draft report of the audit had been delivered on Monday and it should be on the agenda for the next meeting. Councilman Elliott said they had until the end of January. Mr. Broll stated that, according to the State, two extensions had been granted. Mr. Repp advised there had been one request and one extension granted for the FY 2006 audit. Mr. Broll asked why the City had to request extensions to which Councilman Rephann responded there was a system-wide problem due to GASB regulations.
There were no further requests to be heard.
Adjournment -
With no further business to conduct, the meeting adjourned at 7:47 P.M.
Approved February 9, 2007