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City Council Minutes

 August 30, 1999
 

August 30, 1999

The City Council met in regular sessionat 7:00 p.m. with Mayor David J. Wooten presiding.

Those Commissioners in attendance were: Commissioners Watkins, Saunders, Vickers and Swafford.

Mr. Kinnamon led in the Lord's Prayer.

Mr. Collison advised that there was a closed Executive Session held at 5:30 p.m. this evening to discuss and interview candidates with regard to consultants for the Comprehensive Zoning and to evaluate their proposals.

Commissioner Watkins moved to approve the minutes of the August 23rd Council meeting; seconded by Commissioner Saunders. Motion carried unanimously.

 
JOINT PUBLIC HEARING - CHESAPEAKE BAY CRITICAL AREA COMMISSION/CITY OF CAMBRIDGE

Mr. Collison advised that this joint public hearing is with regards to the revisions to the critical area amendment map. He then called upon Mr. Bill Giese who is the Panel Chairman for the Critical Areas Commission.

Mr. Giese came to the podium and introduced the Panel Members as Mr. Bill Corcoran (Talbot County), Mr. Samuel Q. Johnson and Mr. Joe Jackson. Critical Areas Staff Members who were also present this evening are Ms. Mary Owens, Ms. Mary Lathberry and Mr. Roby Hurley who is the Circuit Rider for the Maryland Office of Planning.

The purpose of this hearing is to hear public comment for a mapping amendment to adjust the Critical Area line and to allow growth allocation to designate 174.86 acres as Intensely Developed Area (IDA) for the Hyatt Chesapeake Resort. The meeting is being taped for the purpose of creating a public record for the Commission and this record will be kept open until the closed of business on August 31, 1999. Written comments, which would have to be pretty quickly I guess now, may be mailed directly to the Critical Area Commission at 45 Calvert Street, Second Floor, Annapolis, Maryland 21401. The full commission will vote on this mapping amendment and growth allocation at its meeting on September 1, 1999 in Crownsville.

Mr. Roby Hurley came forward to present three (3) map amendments for the City of Cambridge Critical Area Map. The first subject is essentially a line change. When the map was originally done it was based on a 1972 title wetland critical area line. It was determined that the line was inaccurate. The line currently runs through the Wal-mart property. He then made reference to the revised Critical Area Map which he had on display indicating essentially, Wal-mart is barely in now.

The second subject is growth allocation on the site of the Eastern Shore State Hospital. Growth allocation is a mechanism whereby land use categories in the critical area can be changed, if they meet certain standards, to increase density in and around municipalities for growth. Mr. Hurley indicated on the map the intense development areas that did not need growth allocation. The remaining acreage in the critical area on the site which will need growth allocation is 174.86 acres, as pointed out on the map by Mr. Hurley. .,The City has remaining growth allocation acreage of 178 acres so we will be pulling 174 acres from that bank.

Mr. Hurley then quoted the factors that must be met in qualifying for growth allocation: 1) the location must be in the intense development area or adjacent to limited development area... it meets both qualifications; 2) it must be a minimum of twenty (20) acres unless contiguous to existing intense development area (IDA) or limited development area (LDA) ... ;again, it meets both requirements; 3) no more than one-half of the growth allocation must be located in the resource conservation area (RCA) ... the City originally mapped the site as LDA so that is not a factor and 4) locate the growth allocation so as to minimize impacts to habitat protection areas ... this has been done by great length by the proposed developer in terms of both temporal and location requirements to protect great water herring, water fowl, fish and the one hundred foot brick layer buffer.

Lastly on this subject, Mr. Hurley had recommended that the approval be contingent on the transfer of ownership to Chesapeake Resorts, LLC or assigns. Secondly, the date of approval shall be the date of transfer or within one (1) year. Thirdly, the project should be substantially completed within three (3) years from date of approval. Fourthly, the demonstration shall be made to the Planning Commissioner that the design standard shall be met or exceeded.

Mr. Hurley explained the five (5) buffer exemption areas as mapped by the State and concluded his presentation asking if there were any questions.

Commissioner Saunders stated that because the City had allowed more than was needed when Wal-mart came, we would be given back some acreage. Where is that at now? Mr. Hurley advised that as soon as I get all this done, I will promise to work on it. Commissioner Saunders explained that four acres don't leave us much future growth. Mr. Hurley added that he is not comfortable with that. There are negotiations going on right now with the County and they are receptive for additional growth unrelated to if we're able to get Wal-mart acreageback or part of it back. Mr. Hurley added, the County appears to be receptive to granting more growth allocation to the City... it's a very serious concern and I'm taking it personally.

Mr. Collison said a decision will be rendered at the next regularly scheduled Council meeting.

With no further comments either in favor or opposition, Commissioner Saunders made a motion to close the public hearing; seconded by Commissioner Watkins. Motion carried unanimously.

BID OPENINGS FOR DEMOLITION OF 700-712 RACE ST. (CONTRACT NO. 00-02)

Mr. Kinnamon advised that five (5) sealed bids were received. He proceeded to open them and announce them as follows:
 

1) R. Barnes & Sons

Cambridge, MD

$116,500.00

2) Wheatley Brothers

 

Cambridge, MD

$ 74,000.00

3) Jerol Moore

 

Cambridge, MD

$168,000.00

4) Union Dismantling & Salvage

 

Upper Marlboro, MD

$ 86,736.00

5) Bennett Construction

 

Fruitland, MD

$175,980.00

 

Commissioner Watkins moved to refer these bids to the Department of Public Works for verification and recommendation; seconded by Commissioner Vickers. Motion carried unanimously.

23RD ANNUAL DORCHESTER SHOWCASE

Ms. Terry White came to the podium to invite Mayor Wooten and the City Council to the showcase. They have more than 100 people who have already agreed to exhibit their wares. There will be entertainers working on the street at three different spots.

She formally asked Council for a noise variance from noon until 5:00 p.m. for the showcase which has been scheduled for Sunday, September 26, 1999. Commissioner Saunders moved to grant her request; seconded by Commissioner Vickers. Motion carried unanimously.

REVEREND CHARLES CEPHAS SPEAKS

Bishop Charles T. Cephas came forward "to express my full support and backing for Commissioner Saunders in her decision making and her voting and her relentless efforts to help this town be a better place for you and me and my children and all children. He is troubled over the criticism of one of our own and he felt the need to come and speak out.

At the last Council meeting, it was reported that one citizen demanded our Councilman to give an answer. You were afraid, you people, you could have did better by just saying the 'n, word ... we understand what you people mean.

He has known Commissioner Saunders for many years and has admired her success in life. Not only is Dorchester County looking on how this Council and the citizens act towards this Council, but the world is looking.

This Council has been charged with seeing to growth and infrastructure and he feels this Council has done a good job throughout the criticism. He then stated, you have weathered many storms and this little land deal storm is only one that will pass away... as the storm we see now going out into the sea.,

He wanted to make it clear to the citizens that find fault in Commissioner Saunders, ;that we will not tolerate your bashing her any longer.

A statement was made by Bishop Cephas that as a businessman, if I have a realtor and the realtor puts my property up for sale, I have a given right to sell it to whom I please and to make a reasonable profit. Let the Councilmen be at the business of making this one of the greatest cities in the land today and for the year 2000. He further stated, disrespectful, cruel, demanding and racial tones cannot be into society for the year 2000. We must now focus on jobs...focus on industry... focus on bringing more shopping centers which create jobs ... focus on our educational system being one of the best in the State and the land ... focus on our streets ... focus on our Police Department where we have now still less blacks than should be on a Police Department ... we have none in the Detective Division ... that leads to abuse.

Bishop Cephas ended by saying, Mr. Mayor, you have the power, Councilmen, you have the power, to put an end to this by simply going on about the business of God's people.

Commissioner Saunders then asked Bishop Cephas and his group to stay for the comments at the end of the meeting.

APPOINT CITY COMMISSIONER TO ENTERPRISE ZONE CORE RESPONSE GROUP

Commissioner Saunders said it seems that nobody wants to take this job so what I'm going to do as Council President is just volunteer.,, Commissioner Watkins made a motion to appoint the President of the Council to the Enterprise Zone Core Response Group; seconded by Commissioner Vickers. Motion carried 3 to 0 with Commissioner Saunders abstaining.

AWARD BID FOR PICK-UP TRUCK (CONTRACT NO. 00-02)

Mr. Pritchett said his department has done a review of the bids received and they recommend the award go to the low bidder,

Preston Ford, in the amount of $18,095. Commissioner Swafford made a motion to accept this bid; seconded by Commissioner Watkins. Motion carried unanimously.

DISCUSS DEFERRED ITEMS RELATIVE TO EMPLOYEES MEETING WITH COUNCIL PRESIDENT IN JULY

Commissioner Saunders said that Council has already agreed on a Christmas Club payroll deduction for the employees. She then asked Mr. Wheeler when the employees would have the right to have the option on the Christmas Club. He advised that he is meeting with the bank on Monday to finalize everything and enrollment should probably be started within the next couple of weeks.

Honor employees at five, ten, fifteen, twenty and twenty-five year intervals during the Appreciation Night activities: Commissioner Saunders made a motion to approve this; seconded by Commissioner Watkins. Motion carried unanimously.

Maintain accumulated sick leave on payroll stubs: Mr. Kinnamon advised that this is something that can be done however we have not done it due to the fact people were seeing how much sick time they had left (at least one department tried that) and it showed an abuse of sick time so therefore it was not continued to be put on. Mayor Wooten thinks we're shortchanging our employees ... if somebody sees they have 20 days and they're going to quit, they're going to take 20 days ... I have a different opinion on that myself. Commissioner Saunders made a motion to implement this policy 30 days from the vote, if it passes. Motion was seconded by Commissioner Watkins who said if it is abused, Council will take another look at it. The vote was 3 to 0 with Commissioner Vickers abstaining.

Make Good Friday a paid holiday as opposed to a floater: Commissioner Saunders stated that when this was presented by the employees, she asked what holiday do they want as a floater. They didn't want to do that. They just want another holiday... but I really will not recommend that additional holiday on the taxpayer. She then made a motion that this be deferred; seconded by Commissioner Watkins. Motion carried unanimously.

Moral Booster: Commissioner Saunders stated that the employees wanted a bus trip once a year paid by the City of Cambridge. She then made a motion to defer this; seconded by Commissioner Swafford. Motion carried unanimously.

Mayor and Commissioners should contribute money towards each Departments' Christmas party: Commissioner Saunders made a motion to deny this request; seconded Commissioner Vickers. Motion carried unanimously.

Have an employee committee meet with Council when Council is considering making decisions on personnel matters: Commissioner Saunders made a motion to deny this because the City attorney has advised Council that personnel matters are to be held behind closed doors and we already have a personnel committee. Motion was seconded by Commissioner Watkins and it carried unanimously.

Have the annual leave; increased back to 45 days: Commissioner Saunders made a motion to deny having the annual leave carry-over increased back to 45 days and that it be kept at 30 days. We reduced it for economic reasons as well as for reasons of personnel and also departmental needs. Motion was seconded by Commissioner Watkins and it carried unanimously.

Return to practice of vacation checks being issued in advance. Mr. Kinnamon advised that this is the only governmental agency that issues vacation checks for future time periods ... if you take a 2 week vacation, you get 2 checks before you leave to go away... no other government agency does
it. When this was previously done, it caused an extra burden on his payroll staff. Commissioner Saunders stated that "if it's a little bit of extra work, so be it, but I'm in favor of people getting their vacation checks because they already earned the time. Mayor Wooten said he was in favor of it. Commissioner Saunders made a motion to institute this policy beginning October 1st of this year; seconded by Commissioner Swafford. Motion carried unanimously.

Commissioner Saunders feels these meetings with the employees and department heads are worthwhile and we'll be doing them four times while I am Council President.

She has also scheduled department head meetings and all department heads are to be to the meetings ... unless you're dead or in the hospital. These meetings are very beneficial and she is also planning to set up sensitivity training (cross cultural training) meetings because we are public servants ... and we could all use a little sensitivity training in dealing with people, regardless of who they are.The more we involve people in the decision making process and take their ideas, the better that the City will benefit from the service of the employee.

APPROVE CITY'S FINANCIAL STATEMENT FOR JULY, 1999 (ASOP #10)

Commissioner Swafford made a motion to approve the Financial Statement for the first month of 1999; seconded by Commissioner Watkins. Motion carried unanimously.

REQUEST TO GO TO BID FOR AIR-CONDITIONING FOR COUNCIL CHAMBERS

Mr. Pritchett stated that he has met with four (4) different contractors with help from Commissioner Vickers. Originally it didn't seem feasible for central air-conditioning because the building has up to 6 inch metal reinforced concrete floor, double brick wall and the type of ceiling. With the last evaluation, it is optimistic that it could be done close to the amount that was budgeted.

Commissioner Vickers made a motion to go to bid; seconded by Commissioner Vickers. Motion carried unanimously.

REQUEST TO GO TO BID FOR ADDITION TO D.P.W.

Mr. Pritchett advised this is for an addition that was discussed and approved. It is a budgeted item and is needed due to an increase in staff. The addition would essentially be the same type of structure as the Housing Office but on the left back side of the building.

Commissioner Swafford made a motion to allow the request; seconded by Commissioner Watkins. Motion carried unanimously.

ADOPT CITY'S NEW HEALTH PLAN

Commissioner Saunders advised there was a public work session with City employees last Wednesday evening. Another public session was held last Saturday morning. There are two plans that have been submitted and basically on both plans, we've had all the explanation that I think we can have', so she made a motion that the City begins on October 1, 1999 with the new company and accept both plans that were submitted in total. Motion was seconded by Commissioner Swafford who stated that the employees have the option to chose one plan or the other. For the record, Mr. Wheeler stated that the plan is with McWilliams Financial Group (Farnell & Smith, Inc., Claims Administrator). Motion then carried unanimously.

APPROVE BUDGETED EXPENDITURES OVER $250

Commissioner Swafford made a motion to approve budgeted expenditures over $250 that are listed in Council's packet; seconded by Commissioner Watkins.

Commissioner Swafford added that in an effort to save some money, the Police Department is trying to rehab some of the patrol cars. Motion carried unanimously.

COMMENTS FROM DIRECTOR OF PUBLIC WORKS

Mr. Pritchett asked permission to purchase the Vac-Con sewer cleaner truck which has been budgeted. The City had the opportunity to purchase it by the piggyback method which allows the purchase without the time required for the bidding process.

Commissioner Saunders moved to allow the request; seconded by Commissioner Vickers. Motion carried unanimously.

Mr. Pritchett advised that the roof at Council Chambers will be fixed the second week in September.

MR. MONROE SMITH REGARDING DEMOLITION PROBLEM

Mr. Monroe Smith came forward and stated he is here tonight because he has a problem with someone and he would like to know if it is with the City of Cambridge or the person/ company hired to do demolitions for the City. We are paying taxes on a house that is in our name at 929 Pine Street. A contractor was hired to demolish a house that was next door to his property. As owners, he and his wife were not notified that the demolition was being started or the date or the time. The person living in his house could have been hurt very badly or even killed because of the neglect in our neighborhood.

There was some damage done to his property at 929 Pine Street while the crew was demolishing 931 Pine Street. Someone called him, supposedly to be from the insurance company, about the glass all over the inside of the house. He showed them the damage that was done on the outside of the house. They communicated with the tenant of the house and not he and his wife as owners. He has not heard from them since. His tenant received a letter stating that the insurance company was not going to take care of any damages done to the outside of the house. His question is what is the City of Cambridge going to do about my damage.

Commissioner Saunders advised that Mr. Wheeler handles the risk management and liability claims for the City. She asked that he set up an appointment with Mr. Smith and go out to take pictures of the damage. If the City has any legal obligation financially, Commissioner Saunders stated, we live up to ours.

Commissioner Swafford added that he was glad Mr. Smith brought this up tonight because whether it is our policy or not, I think it should be policy that anytime there is a demolition that either party on either side should be notified just for those statements that you made tonight ... and if we don't have it in our rules and regulations, I'd like to get it in there quick, fast and in a hurry. Mr. Smith said this is the reason why he came before Council.

Commissioner Saunders made a. motion to have the City attorney write enabling legislation that the Housing Department will have to notify, not only by mail, but send someone out in person the day before the demolition; seconded by Commissioner Swafford. Motion carried 3 to 0 with Commissioner Watkins abstaining as he is Mr. Smith's brother-in-law.

COMMENTS FROM CLERK-

Mr. Kinnamon presented a building permit application from Chesapeake Resorts, LLC, 2800 Ocean Gateway (Orem Hall). It is a permit for foundation only with a permit fee of $10,665.90 on a cost basis of $2,100,000.00. Commissioner Watkins moved to approve the permit; seconded by Commissioner Swafford. Motion carried unanimously.

COMMENTS FROM FOURTH WARD

Commissioner Swafford asked Mr. Kinnamon to put the Traffic and Safety matter on East Appleby on the agenda so he can report back to the gentleman.

COMMENTS FROM THIRD WARD

Commissioner Saunders referenced a letter from the Dorchester Chamber of Commerce recommending two Chamber members to serve on the Core Response Group for the Cambridge Enterprise Zone. She then made a motion to have Ms. Kathy Roberts (Loyal Way Travel, Inc.) and Mr. William C. Craig (William C. Craig & Co.) put on the Enterprise Zone Core Response Group. Motion was seconded by Commissioner Watkins and it carried unanimously.

She then advised that the County Commissioners sent her a letter, as Council President, regarding informal correspondence they had received from Ms. Deborah Camper regarding 403 High Street. In this correspondence Ms. Camper stated that the City had received a complaint regarding the peeling paint on that building trim. The Commissioners had intended to sell this property, however, with no appropriate bids being received, the Commissioners were not able to proceed with intended sale. Commissioner Saunders said it was her understanding that the biggest bid was $1,000.

The letter further stated that the County is making every effort to comply with the requirement to repaint the building's trim, however, at this late date it will be nearly impossible to complete by August 26th as referenced in Ms. Camper's letter. Since the plans to sell the building have changed so dramatically, the County requested an extension of the compliance date.

Commissioner Saunders feels that if they can't get it done within the next seven working days, then you fine them like you do everybody else ... that's my motion. Motion was seconded by Commissioner Watkins. Commissioner Swafford stated that they had the same opportunity as anybody else to file an appeal. Motion then carried unanimously.

Commissioner Saunders requested that a letter be sent to Ms. Baynard at the County Commissioner's Office by tomorrow by hand with a copy to Ms. Camper.

Recognition was then given to Mr. John Root Hopkins for doing the portrait for Council Chambers. Mr. Kinnamon stated that it is on long term loan.

On another note, Commissioner Saunders stated that when Reverend Cephas started speaking earlier this evening, I didn't ask them to come the same way I did not ask the people that packed the Dorchester County Commissioner Chambers this year when I was disrespected ... If God is holding me in His hands, I can fight my own battle. She thanked Reverend Cephas for coming because I felt so alone. Not only do people of other areas in this community fight against me, but my own people talk about me ... stab me in the back, but when they need something, they're in my face. She mentioned to Commissioner Swafford, you watch, that Daily smudger the Daily Banner, will make sure that Octavene's name is in their speak out with this and I had nothing to do with it, no more than everybody else. I made a vote and I stand by my vote for more improvement in Cambridge.,,

She further stated that "you can count on one thing ... I'm running for office again for City Council next year. I wasn't going to run because I did not feel like I had enough support but I'm a hard worker, I'm a good Black woman and I'm a fighter. And so those of you who think you're going to kick me down and get me down, come on.

COMMENTS FROM SECOND WARD

Commissioner Watkins wanted to thank Reverend Cephas for his fine presentation and also for fine delegation.

COMMENTS FROM CITY ATTORNEY

Mr. Collison said that last week it was discussed about clarifying the rental registration ordinance. What the proposed amendments would do is just to refine the actual definition of non- occupied dwelling, specifically exempting the owners of bed and breakfasts (because they already pay a licensing fee in another section of the Code). It would also exempt any person who resides on a property in which he or she owns a vested interest, including a life interest or remainder interest.

Commissioner Saunders made a motion to approve the ordinance as the attorney has written and explained; seconded by Commissioner Watkins. Commissioner Swafford asked if it is wise to do this with the litigation that we're in. Mr. Collison stated that nothing in the amended ordinance conflicts with the present ordinance. Motion carried unanimously.

Next, Mr. Collison asked for approval of the Resolution and Findings of Fact for the special use permit for day care at the home of Kevan Sullivan at 117 Washington Street. This was approved last week ... this will just be the signing of the actual Resolution and Findings of Fact. Commissioner Saunders made a motion to allow the Mayor to sign the documents; seconded by Commissioner Watkins. Motion carried unanimously.

Likewise, Mr. Collison also needed the same approval for Clarence Johnson's special use permit for a produce stand at 513 Court Lane. This was also approved last week. Commissioner Watkins made a motion to authorize the Mayor to sign the Resolution and Findings of Fact; seconded by Commissioner Vickers. Motion carried unanimously.

Mr. Collison then introduced formal annexation Resolution #99- for the property of Ms. Mabel Molock (Theresa Stafford). This would just be formally introduced tonight then he can proceed with the public hearing and notification. Commissioner Saunders made a motion that the Resolution be formally introduced and we proceed immediately with public hearings; seconded by Commissioner Watkins. Motion carried unanimously.

An announcement was then made by Mr. Collison advising that there will be a special use permit public hearing on Monday, September 20th regarding the alcohol license for the restaurant at 315 Sunburst Highway. It will be in the newspaper later this week.

COMMENTS FROM THE AUDIENCE

Ms. Portia Johnson came forward as a Board Commissioner of the Housing Authority of Cambridge. She attended the meeting last week on the health insurance. Although she is not an employee, she asked if she could get a copy of the final plan so it can be discussed at their Board meeting. Commissioner Saunders stated that Mr. Wheeler is her contact and he'll make sure that not only Ms. Johnson gets a ropy, but it will. also be discussed with the Housing Authority's representative.

Ms. Johnson stated that she was a little disappointed that the Commissioners did not want to appoint anyone to the Enterprise Zone committee, but I'm glad that they're standing with it because we fought very hard in getting the Enterprise Zone. I was one of the original writers of it so I'm very glad that Commissioner Saunders will be sitting on it.

MORE COMMENTS FROM THE AUDIENCE

Mr. C. L. Rippons of 101 Killarney Road stepped up to the podium and asked Commissioner Watkins, when I came into the first meetinq, did you find my language objectionable when I directed a question to the entire body and I said 'you people were elected'?" Commissioner Watkins stated, "at the moment I didn't necessarily detect it but I had thought it over and I thought it might have been worded better."

He then directed a question to Commissioner Vickers. The first evening when I came in here to address the Council, it was brought ... that I was using the words 'you people'. I have my notes here and I addressed the Council as 'you people were elected, but before I could continue on, I was interrupted by one of the Council people and my question to you is, as City, Commissioner, did you take exception to this? Commissioner Vickers responded, I didn't take exception to what you said. You gave the air of being somewhat aggressive.,,

Mr. Rippons then asked for a reply to the same question from Commissioner Swafford and he relied, no comments.

Mr. Rippons then when on to say, "what I want to do, and I want to know what the formal consideration is, I want to address a formal complaint and I want to have it looked into either by the Ethics Commission... I don't believe, I don't know what the State is doing ... but I don't believe that we should sit back and be reactive ... I think we should be proactive and have our own investigation and I would like to know what is, from a legal standpoint, whatever is the correct consideration for me to place into the record consideration from a citizen of Cambridge to have the issues that I brought forward before, looked at and evaluated and a formal ... Mr. Collison.

Mr. Collison advised Mayor Wooten that the Code requires that any complaint received by the City Ethics Commission must be investigated and addressed. If Mr. Rippons would like to formally file a complaint on any matter, the Ethics Commission is required to investigate and respond to these matters.,,

Mayor Wooten stated, I said the first night Mr. Rippons came down, in seven years in this chair, I have never, not one time, told somebody they couldn't ask a question and give them the answer the best of our ability... never done one time. He's asked plenty of questions, you've been asked to provide answers. Has that been done? Have you given him what he's asked for?

Mr. Collison said a memorandum was in Council's books about two weeks ago and that (inaudible ... several people speaking at once). Mayor Wooten then said, if he submitted the questions and if he answered them, what's the problem. Mr. Rippons then stated, I yield the floor to Mr. Collison. Mayor Wooten said, I'm not yielding the floor, I asked you a question. If you wrote your questions down, you gave them to the attorney and he responded, what's the problem? Mr. Rippons responded, the problem is, as far as I'm concerned, they do not go to what I conceive to be the letter of intent within the frame work of City Code and at that time I asked you to consider area 214-5, 5a, 5d, 6c and the Ethics portion which is found in Article 13-2 particularly with case in point, but not limited to Subsection C. Mayor Wooten then said, back to what I said a minute ago, has he answered your questions? Mr. Rippons stated, put it this way, he's answered the questions but then he says some things I cannot answer. They must be answered by the City Council such as ... Mayor Wooten then interrupted, so all of his questions have not been answered. That's what I'm not clear on.

Commissioner Saunders stated, "if you read the memo, let's put it where it's at, Mr. Collison answered almost three pages of questions for this man. The only thing he said he could not answer was what I did at a meeting that he was not at. It is directed at me ... (Mr. Rippons interjected, no it's not.) excuse me, not the Mayor and Council. The only thing in those three pages that Mr. Collison said I cannot answer intelligently is Commissioner Saunders' comments or yours to her because I was not at the meeting. Mr. Collison is that not correct? There was nothing else in there you said you could not answer. Mr. Collison responded, that was some of the issues, yes.

Commissioner Saunders went on to say, the other issue was the Ethics part and the Ethics Code says if someone is doing business with the City and we accept gifts from those people that are doing business with the City, Mr. Collison, we must file a report. Well obviously, as poor as I am, I've not accepted any gifts so I had no report to file. I cannot speak for the other gentlemen. I also must say this, I don't care if Jesus Christ stood in the middle of this floor and answered everything that Mr. Rippons asked, he would be back the next day with something else. This man, in a weeks time, had probably been in City Hall about five times. He wanted the personnel policy procedure. Mr. Wheeler made himself available with that. Because he couldn't find anything to pick on us with in there, he didn't want a copy of it. He had a long list of how many questions to you Mr. Kinnamon? Mr. Kinnamon relied, three or four. Commissioner Saunders said, and you give him answers to those questions in writing. He had at least two to three pages to the City attorney. You gave him answers to those questions in writing. He has called our Fire Chief. I don 't know if you called him back or not. He has, I guess like me, read Commissioner Swafford's disclosure in the free paper. I don't care what anyone asks us sir, my estimation of you are you are a glory seeker, you got a lot of times on your hands and what you really need to do, if you don't like the way the City of Cambridge is running, is run for office because I don't ' . care how much people answer you or how much they give you, every meeting, including tonight before the meeting, your chastising the City attorney. This man is a lawyer. we would not hire him because he was a big dummy and don't know what he's doing. And if you don't chastise him before the meeting, you chastise him after the meeting. I'm going to repeat this to you and I'm going to get up and ask the Mayor to excuse me from this table cause I got to maintain my cool. You are a person that I believe that I don't care what anyone does, your getting (inaudible) and you're getting an ego trip on what little publicity you get. You come in here and you say 'I don't want to go to the press' and before the press can move , your sucking up to them. So I want to tell you this, you will never make me answer you if I feel the right not to answer you, not to create a problem. You will not, and I repeat, get in my face anymore like you did laying across this table that week. Mr. Mayor, I'm going to ask you, may I please be excused from the meeting' to go in the back. Mayor Wooten responded, certainly.

Mayor Wooten then stated, I want to repeat what I said a minute ago, and it gets sort of redundant week after week after week, in seven year years, nobody, not one person, can say the Mayor told me I wasn't going to answer the question. Nobody has ever said that. I told you the same thing. I want you to have every question you have answered. You stood there and told me they were all answered so what are we supposed to do? I am not going to dance through a hoop every time I come in here Monday night. Mr. Rippons said, nobody is asking you to. The Mayor then said, that's exactly what you're asking Mr. Rippons. Mr. Rippons stated, 'Inc) it's not. The Mayor went on to say, exactly what you're asking us to do, and I'm not doing it.,,,

Mr. Rippons then directed Mr. Collison... Mayor Wooten interjected, are we clear? Is there anything I can get for you... ? The response from Mr. Rippons was, ;no sir, you have gone out of your way. I have no argument with you.

Again Mr. Rippons addressed Mr. Collison, I would like to direct the remark that Councilwoman Saunders made ... have I subsequently chastised you time and time again?; His response was, no sir. Mr. Rippons then said, I have nothing but consideration for Mr. Collison in his legal (couldn't understand word used) but I do have a question. For instance, when the first night I was here I asked who did the appraisal, who did the environmental impact study, because I would like to see it. No, now Mr. Collison did come back to me and said my advisement was to have an appraisal done and to have the environmental impact statement, similar to the one that was done on Goodwill Avenue property when it was being evaluated, completed. Now, Ms. Saunders has just said how much (by the way Ms. Saunders, while you were gone Mr. Collison did say that I had never chastised him so I take exception to that) ...she said there that the Council believes they have a very good attorney or something to that words, my question is when we pay Mr. Collison an excess of a fifty thousand dollar a year retainer and then he advises the Council that sits here to have an appraisal done, to have an environmental impact statement done, and they were never done. Now, what does that tell me? ...we'll pick and choose what we'd like, what we'd like to have said... and Mr. Collison can't answer the facts of why a City Council who is paying him for his legal considerations, and I don't know what your legal background is for all of the Council but I would suggest that if we are paying fifty thousand dollars to Mr. Collison, then I would say when he gives us a legal opinion, we had better stay very, very close to that and not go off and say we don't need an appraisal, we don't need an environmental impact study... but thank you, we'll tell you when we will need something. That's a question for the Council ...and like I said, Mr. Collison couldn't answer that question. He gave his opinion and the opinion was completely ignored."

Mr. Collison addressed Mayor Wooten and said, "with regard to any concerns Mr. Rippons may have, the Ethics Code reads it's not discretion. If he does have some concerns that he would like the Ethics Commission to address, it's an obligation of the Ethics Commission to respond to those questions."

Mayor Wooten said, "I want to repeat, for the fifth or sixth time tonight, I haven't changed in seven years and I'm not going to. Every citizen who has a question, needs to be given a full and a complete and a total answer. That applies to Mr. Rippons. Anybody else who steps to that podium deserves that as a common courtesy. My question is, and I'm still not clear after twenty minutes of hassling back and forth, what it is that we haven't provided for you."

Mr. Rippons responded, "the question that I asked sir when I came here was what is the legal procedure to ask for a formal investigation on this issue. It was not a question."

Mr. Collison stated again, "we would need a specific request in writing as to what the complaint is ...we are obligated to respond ...we would need that from any citizen to respond and you can address that to Mr. Kinnamon's attention at 307 Gay Street." Mr. Rippons said, "thank you."

With no further comments, meeting adjourned at 8:30 p.m.

 I hereby certify that the foregoing is a true and accurate account of the Council meeting of Monday, August 30, 1999 insofar as I personally am aware.

Edwin C. Kinnamon Clerk-Treasurer