Council Minutes Tuesday, March 6, 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 Administrator; Michael Cohen, City Solicitor; and Margie Eirich, Minutes – Motion was made by Councilman Elliott, seconded by Councilman Hedrick, and unanimously accepted to adopt the following minutes of the Mayor and City Council: Regular Session – February 6, 2007 Work Sessions – January 6 and February 6, 2007 Special motion was made by Councilman Elliott, seconded by Councilman Hedrick and unanimously accepted to adopt minutes of Administrative Functions as follows: That the Minutes of Administrative Sessions of the Mayor and City Council held Dec. 28, 2006, Jan. 9 at 6:05 p.m., Jan. 9, at 7:09 p.m., and January 23, 2007, 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 as follows: Dec. 28, 2006 at 9:00 a.m. on a vote of 5–0 for discussion of Personnel and Real Estate matters in accordance Sections 10-508 (1) and (3) of the State Government of the Annotated Code of January 9, 2007 at 6:05 p.m. on a vote of 5-0 to consult with legal in accordance with Section 10-508 (7) of the State Government of the Annotated Code of January 9, 2007 at 7:09 p.m. on a vote of 5-0 for discussion of real estate matters in accordance with Section 10-508 (3) of the State Government of the Annotated Code of January 23, 2007 at 6:45 p.m. on a vote of 4-0 for discussion of personnel and real estate matters in accordance with Sections 10-508 (1) and (3) of the State Government of the Annotated Code of Maryland. Present were the Mayor, all Councilmen with the exception of Councilman Hendershot who was absent, the City Reports – Councilman Hendershot made a motion to adopt 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 periods February 4 - February 17, and Feb. 18 – March 3, 2007 2. Police Department Monthly Report submitted by Chief Hinnant for the month of January 2007 3. Fire Department Reports submitted by Chief Herbaugh for the month of January 2007 4. Report of Utilities Activities submitted by Fred Streett, Assistant Director of Utilities, for the month of January 2007 5. Report of Permitting & Code Enforcement submitted by 6. Parks & Recreation Department Annual Report for 2006 7. Cumberland Police Department 2006 Annual Report for 2006 Ordinances and Charter Amendment Resolutions – Ordinances : Ordinance No. 3574 Authorizing the Mayor and City Clerk to execute a Confirmatory Deed to affect the conveyance of surplus property located at 5 S. Putnam Street in the City of Ordinance No. 3574 was presented in Title Only for its second reading. Motion was made by Councilman Elliott to accept the second reading and move to the third reading after comment. The motion was seconded by Councilman Hedrick and unanimously adopted. Mr. Repp provided a brief explanation stating this was to provide for the transfer of city-owned surplus property to Mr. D’Atri whose bid was previously accepted for the purchase of the property clarifying the description of the property being transferred. There were no further comments. Ordinance No. 3574 was presented in Title Only for its third reading and unanimously adopted. Ordinance No. 3575 Authorizing the Mayor and City Council to issue and sell General Obligation Bonds not to exceed $7,300,000 designated “Mayor and City Council of Cumberland Public Improvement Refunding Bonds” refunding PIB of 1997 and PIB of 1998 was presented in Title Only. Councilman Elliott made a motion to accept the first reading and move to the second reading. Councilman Hendershot seconded the motion and it was unanimously accepted. Ordinance No. 3575 was presented in Title Only for its second reading. Councilman Hendershot made a motion to accept a portion of the Title read as the second reading and move to the third reading after comment. The motion was seconded by Councilman Elliott. Mr. Repp explained the 1997 and 1998 bond issues had provisions in them to recall them after a period of ten years if the interest rates available at the time of the call are financially incentive to the City to do so. With that being the case at this time, the City’s financial consultant determined that by refunding these bonds, keeping the term the same, the city could anticipate a savings between $190,000 and $220,000. Mr. Broll asked how much was outstanding on the bonds, and Mr. Repp stated that just short of seven million dollars ($7,000,000) was outstanding with one of the issues being for the parking garage and the other for water plant improvements. There were no further comments, and the second reading was unanimously accepted. Ordinance No. 3575 was presented in Title Only for its third reading and unanimously adopted. Resolution - The following Resolution was discussed in work session and it was unanimously agreed to re-schedule the presentation of the Resolution for a Special Session to be held Tuesday, March 13, 2007, at 6:00 P.M. since there was no presentation given to the public with ample time for review: A Resolution endorsing the project of Housing Development & Neighborhood Preservation to develop approximately 54 units at 100 Reynolds Street in Cumberland, known as Eastside School. Orders (Consent Agenda) - With no requests received to discuss any items on the consent agenda separately, motion was made by Councilman Elliott and seconded by Councilman Rephann to adopt the Consent Agenda. The following orders were unanimously adopted: Order No. 24513 Accepting the proposal of Funk & Bolton, Attorneys At Law, to act as Bond Counsel for the City of Order No. 24514 Accepting the proposal of The EADS Group for the performance of the Memorial Hospital Adaptive Reuse Study – Phase 1 – Not to Exceed $39,075 Order No. 24515 Declaring properties at 315 and Order No. 24516 Authorizing the Mayor and City Clerk to execute a Memorandum of Understanding between the Board of County Commissioners of Order No. 24517 Accepting the proposal of Cleveland Brothers for the sole source purchase of One (1) Caterpiller Model 430E Backhoe Loader for the Water Distribution Department of the City of Order No. 24518 Authorizing the Chief of Police to execute a Grant by and between the Cumberland Police Department and the Maryland Governor’s Office of Crime Control & Prevention entitled “Maryland Victims of Crime Fund” - $15,000.00 Order No. 24519 Authorizing the execution of an employment agreement between the City of Cumberland and Chase Green to fill the position of Computer Technician effective March, 2007 through March 2008 Order No. 24520 Authorizing William Herbaugh, Fire Chief, to execute a Grant Agreement by and between the Cumberland Fire Department and the Maryland Institute for Emergency Medical Services System - $3,650.00 Order No. 24521 Authorizing the Mayor and City Clerk to execute an Employment Agreement by and between the Mayor and Council of Cumberland and Kevin M. Ogle to provide the services of Deputy Chief of the Cumberland City Police Department. Reports & Letters of Commissions, etc., & Employees: Letters: 1. From the City Clerk notifying the Mayor and City Council that, with no petition for referendum being received, Charter Amendment Resolution No. 135, including the position of Deputy Chief of Police to those employees of the City no longer being a position in the classified system, became effective February 27, 2007. Presentation and Disposition of Letters, Petitions, Applications, Proclamantions, etc: Letters: 1. From John Rosenow, President, The National Arbor Day Foundation, expressing congratulations to Requests To Be Heard: Mr. Herbert Broll, 1. Where the $219,000 fund balance was listed in the audit and if it was in the General Fund? Mr. Repp replied the $219,000 was the General Fund Balance at the end of the year. He further explained it is a combined fund. 2. Mr. Broll questioned a statement in the newspaper state the audit was submitted one day ahead of schedule. Mr. Repp replied that, while the City had requested an extension for submitting the audit it was not necessary as the State of 3. Mr. Broll asked, with looking at the revenue and expenditures figures in the audit, how the City ended with a positive fund balance. Mr. Repp asked Mr. Broll, with only two minutes left for his presentation, to he put his questions in writing and that he would provide written explanation, after which they could discuss his concerns. 4. Mr. Broll asked when the priority list of street would be available to which Mr. Repp advised it is scheduled for the meeting of March 20th. With further questions concerning the audit being asked by Mr. Broll, Mr. Repp advised him there were thirty seconds left for his presentation after which Mayor Fiedler requested Mr. Broll to put his questions in writing and he would be provided with a written response. Adjournment – The meeting adjourned at 8:30 p.m. Approved April 3, 2007 ______________________________ Mayor Lee N. Fiedler Attest: ____________________________ Sharon S. Clark, City Clerk