• City of Cambridge Maryland
  • City of Cambridge Maryland
  • City of Cambridge Maryland
  • City of Cambridge Maryland
  • City of Cambridge Maryland
  • City of Cambridge Maryland
  • City of Cambridge Maryland
  • City of Cambridge Maryland
  • City of Cambridge Maryland
  • City of Cambridge Maryland
  • City of Cambridge Maryland
  • City of Cambridge Maryland
  • City of Cambridge Maryland
  • City of Cambridge Maryland
  • City of Cambridge Maryland
  • City of Cambridge Maryland
  • City of Cambridge Maryland
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City Council Minutes

October 9, 2007

Cambridge Maryland SealMINUTES

Council Meeting

October 9, 2007

 

The City Council met in regular session on Tuesday, October 9, 2007 in Council Chambers. A quorum being present, Mayor Cleveland L. Rippons called the meeting to order at 7:00 p.m. Those Commissioners in attendance were Commissioners Knox, Sydnor, Brooks, and Travers.

Ed Kinnamon led in the Lord's Prayer. Commissioner Travers led in the Pledge of Allegiance. Commissioner Travers made a motion to approve the minutes of the September 24, 2007 Council meeting as distributed. Commissioner Knox seconded the motion. The motion was passed unanimously.

PUBLIC HEARING

Rezoning of 302 and 304 Dorchester Avenue from NC3 District to GC (General Commercial)-Rob Collison said the applicant requested that this item be tabled. The issue will be resolved by a text amendment that arose with regard to another property. The NC3 district is one that is around Dorchester General Hospital and runs toward Cedar Street. The applicant is making a request for a professional office and the proposed text will permit that in the NC3 district. It will be back to Council for a public hearing in November.

APPOINTMENTS

Octavene Saunders and Portia Johnson-Ennels to Request Resolution for Tax Credits for the Empowerment Center-Octavene Saunders said there was a miscalculation on Table 3 where it says operating. It should be $17,500 and not $7,500. Over the past 5 years they have been trying to find a way to do a wall of remembrance in the form a mural on the Empowerment Center property. They spoke to Secretary Skinner of the Maryland Department of Housing and Community Development. Their block is designated as part of Main Street. There have been a lot of historical African Americans who have passed on and they would like to have a mural that will be a tourist attraction also. They are asking for a resolution from the Mayor and Council for tax credits for them to move forward. The description of the project is an African-American Historical Mural or A Wall of Remembrance. The State already knows what the wall is about. Commissioner Sydnor made a motion to approve submitting a resolution for the tax credits for the Wall of Remembrance. Commissioner Brooks seconded the motion. The motion passed 4:0.

COMMITTEE REPORTS

Street Lighting Committee by Commissioner Brooks-On Jenkins Creek Road, between Bayberry Drive and Clifton Woods Drive, three of the four utility poles have street lights. Citizens have requested a street light be placed on the fourth pole. The Committee recommended approving this request. Commissioner Travers made a motion to approve the request. Commissioner Sydnor seconded the motion. The motion passed unanimously.

Traffic & Safety Committee by Commissioner Brooks-A resident from the 700 block of Cornish Drive requested a "no parking" sign and yellow curb markings at the entrance to the area. They also received a request from the 600 block of Douglas Street for a speed limit sign and a "slow - children at play" sign. The Committee recommended approving these requests. Commissioner Sydnor made a motion to approve these requests. Commissioner Travers seconded the motion. The motion passed 4:0.

Planning & Zoning Commission by Commissioner Knox-Commissioner Knox said the Dorchester County rezoning requests have been tabled as well as the rezoning of 503 Byrn Street for the text amendments. Commissioner Brooks asked if there was any opposition at the meeting. Rob Collison said generally the concern is that the present owners would like to have them developed. The Byrn Street property has been a medical office for years but it is a non-conforming use. If it was demolished or destroyed by fire, they could not rebuild it. They wanted to rezone it to allow medical buildings and professional offices. The concern of all the neighbors is that once you rezone it General Commercial, it could be a convenience store or a whole array of other things. The idea is to do a text amendment to allow professional offices in the NC3, particularly around the hospital. There were probably 20 to 25 people in opposition. Commissioner Knox said there are other houses in that area that also function as professional offices. If approved, the text amendment would cover all of them.

Commissioner Knox said the final site plan review for the Walgreens was approved. They purchased the entire Shoal Creek Mall. The building that houses the pawn shop and the Movie King will be raised and the Walgreens building will sit in that location. In the first of three phases, the 2 buildings will be raised and the Walgreens will be built. The service road will become a deceleration and acceleration lane with the entrance being in the general proximately of where it is now. The entrance near Pizza Palace will no longer exist. The parking lot will be completely redesigned and re-landscaped and along Roslyn Avenue as well. The backside of the Acme will be landscaped with trees, etc. The entrance that we are all familiar with that goes into the Super Fresh parking lot will be re-aligned also. There will also be a bike trail that will go from Roslyn Avenue to Cedar Street. As they go along, they will completely refurbish the remaining buildings including Subway and the Laundromat. They will have new signage. The build-out period within the public works agreement will be 7 years. They hope to have it completed well before that. They will remove a portion of the Acme building where the loading ramp is currently located. It will be open space with landscaping. They plan to break ground in the spring.

UNFINISHED BUSINESS

Previous Request for Order for Demolition of Buildings at 819 Maces Lane and 619 High Street-Commissioner Brooks said the owner of 619 High Street asked her if the house was demolished, would they be able to go before DPW and request to rebuild. Rob Collison said he assumes the site allows for reconstruction and meets the setbacks. He does not know the dimensions of the lot. Commissioner Brooks said it would be the same as the Rigby and Fairmount Avenue houses. The houses are close together. Steve Johnson said they allow reconstruction on the existing footprint. Rob Collison said they would have to check the time limitation to see if they have to commence construction within a certain time. Commissioner Sydnor said Steve Johnson had a stipulation for the 619 High Street property pertaining to October 15th. Steve Johnson said alternative to an order of demolition of both properties, he was contacted by Mr. Cornish and was told that Mr. Cornish would contact him again to set up a meeting. He did not call the second time to schedule a meeting. He would recommend putting a limitation on when he could be contacted for a meeting. Commissioner Brooks said she does know he is having a letter typed up requesting that the existing house not be demolished. Steve Johnson said the other property owner has not contacted DPW at all.

Commissioner Sydnor made a motion to approve the request for an order of demolition for both properties with the contemplation on waiting until October 15th to see if the owner of 619 High Street will contact DPW. Steve Johnson said that would allow the property owner an opportunity to appeal to the Housing Board of Review. Commissioner Sydnor asked if the other property would have that same option. Steve Johnson said they have not contacted DPW at all. Rob Collison said they had that opportunity but it expired. They were notified by a certified letter.

Octavene Saunders asked if the write-ups on these 2 houses were first or second write-ups. She asked how long these houses were in disrepair. Steve Johnson said there is a history on both houses. The history on 619 Maces Lane goes back to 1996. The history on 619 High Street goes back to 1992. Mayor Rippons said as Mr. Johnson has assumed the role of director, he has gone back and read through the contemplation of what is legislatively enacted within the confines of the City Charter. That is what he is acting on now.

Commissioner Brooks said there was a question about who receives the notices if someone else buys the home for tax purposes. She is referring to 619 High Street. It was obtained by the original owner in July of this year. Prior to that, someone else had bought it during a tax sale. Steve Johnson said it was purchased in 1999 by the current owner so the notices go back to 1999.

Octavene Saunders said when she purchased the house where she lives now, it had to have a clean record. If there was something that was written-up as a violation, they had to sign something that they recognized this and they would have the work done. Fortunately for her, it was just a sidewalk. They could not move into the house until they put several thousand dollars into hiring qualified people and then had DPW inspect and approve it. She asked if that rule still holds when people buy properties at a tax sale. Rob Collison said the citations are not abated by the sale. The citations and demolition notices follow through with the sale. There is a requirement that the seller shall notify the buyer of them; however, it does not always happen. An example would be the house across the street. It will be demolished in 2 months. The seller who recently bought it contacted the city and they have to abide by the demolition order. Commissioner Brooks asked who is considered to be the seller if it is bought in a tax sale. Rob Collison said anybody who is considering buying property at a tax sale should contact DPW and the county before they buy it. It is a buyer beware. The seller technically is the treasurer at some point. The county treasurer signs the deed. The buyer has the obligation to check on zoning and other issues. Commissioner Sydnor made a motion to approve the request for an order of demolition on these two properties with consideration given to the owner of 619 High Street to contact Mr. Johnson by October 15th. Commissioner Travers seconded the motion. Portia Johnson-Ennels asked when the date will be set for the property of 619 Maces Lane since they have not had any response from the owner. Steve Johnson said it will be within 30 days. Rob Collison said he has to do a title exam on it. If there is a mortgage on it, they have to notify the lender so it will probably be 30 to 60 days. The motion passed 3:0 with Commissioner Brooks abstaining.

Update on RFP for City Audit-Commissioner Sydnor said because some of the information that was distributed through their RFP was ambiguous to some of those making the bids, he would prefer to table this item until the next Council meeting.

NEW BUSINESS

Request from County Council of Dorchester County to Consider Rearranging the Side Street Parking Along the Circuit Court House-Commissioner Knox made a motion to refer this item to the Traffic and Safety Committee. Commissioner Sydnor seconded the motion. Rob Collison said in the past year or two, a large segment of the corner along Gay and Spring Streets became yellow stripped. You could probably pick up another 2 or 3 parking spaces there. The motion passed 4:0.

Request for Speed Limit Sign and "Slow - Children at Play" Sign in the 600 Block of Douglas Street-This item was already taken care of.

Rental Registration Update-Steve Johnson provided Council will a written report. Mayor Rippons read the report to the audience. The report stated that the City Code requires that property owners register occupied rental dwelling unit properties by July 1st of each year. Pursuant to Maryland's Reduction of Lead Risk in Housing Act, owners of rental dwelling units constructed before 1950 are required to register the units with the Maryland Department of the Environment, certify the units meet lead hazard risk reduction standards and provide tenants of the units with educational materials before the unit is rented and upon each subsequent turnover. Compliance with the act is required in order to register rental properties in the city. Failure to register a dwelling unit rental property incurs a fine of $100 per day, and failure to pay the rental registration fee also carries a fine of $100 per day because both are violations of the Code.

As of July 1, 2007, owners had registered 2,554 occupied rental dwellings units in the city and 79 occupied rental dwelling units were not registered. Citations were sent to the owners of the 79 units. As of October 4, 2007, an additional 14 occupied rental dwelling units have been registered. Of the now 65 unregistered units, the owners of 41 have not made contact with DPW. The owners of 11 units have contacted DPW to indicate that inability to document compliance with the act is the reason they have not yet registered their units and to indicate that they are in the process of bringing their units into compliance. The owner of 13 units requested mitigation of the fines but did not indicate intention to comply. For the benefit of the City of Cambridge rental market, he recommended that for this year only, the Council establish that the maximum find for not registering a property by July 1, 2007, is $1,000 per unregistered rental dwelling unit.

Beverly Era spoke on behalf of her mother, Mildred Spedden. Her mother owns rental properties and charges between $200 and $300 a month for the rentals. Most of them are elderly and retired people. They are on a very fixed income. Some are family members. They have not ignored the issue. They found out there was a form that the Department of the Environment had on the State level where the person could refuse or deny that they had to go through this process. They started selling some of their units because it is not profitable to be a landlord. They had such an influx of complaints from their people because they had nowhere to go. They were made aware that the DOE had this from but then the controversy arose. They never refused to pay a bill. In the meantime they have a letter from the Attorney General's office of Maryland stating that they recognize such a form exists and as long as the person knowingly and willingly waives their right to have the property brought into compliance, it is acceptable. She trusts that the Attorney General is telling her what is right. If it is not right, then she thinks the city needs to have their own tenant refusal procedure.

Rob Collison said his understanding is that you either get the certification from the Attorney General's office or MDE or a waiver from the Attorney General's office. Mrs. Spedden would complete the form, get the tenants to sign it, send it back to the Attorney General's office, and they will issue a waiver. She would then take the waiver to MUC. Ms. Spedden said they never gave her a waiver. Rob Collison said that is what MUC is going to need. They either need a certificate of compliance or the waiver from the Attorney General's office. Rob Collison said he will review the letters.

Commissioner Sydnor asked what implication that would have on the other houses. Rob Collison said he is not familiar with it, but is probably certifying that someone is not a risk. An example of a risk would be young children.

James Chaney said he went down that road with MDE. They are almost impossible to get anything from. He has sent numerous certified letters requesting stuff from them and never received it back. He thinks the city needs to take a look at that because there are landlords trying to do it.

Portia Johnson-Ennels said she sees that Secretary Baker signed the letter. When they first started with the lead program, their information came from their office of what was allowed and what was not allowed. There was a 10-year period of time that it gave landlords to bring their properties into compliance. With that knowledge, the city entered into a lead program and she knows that all landlords that are registered with MUC were sent information so they could take part in this program. A lot of the landlords did not take part in it. She said the information presented in the letter is contrary to what was given to them in 2006. It is up to the attorney to see what is going on.

Ed Maloney said he has several properties in town and all of them but one have been complied with. He is working on that one now. He became very ill 1½ years ago and had to have heart surgery. Therefore he could not do the work as quickly as he would have liked to. He had the inspector there today and things look terrific. He will probably get the results back from the wipe tests in 8 to 10 days. Then all his properties will be in compliance. Every landlord has a story. If Council could see fit to extend the time The fines are devastating. Mayor Rippons said this has been going on for more than 10 years now. A lot of agencies at the State, City, and Federal level have been very lenient by giving 10 years. We are now going into the 12th year. Mr. Maloney's son said his father was aware of the regulations and all of his other properties were in compliance on time. This particular property would have been in compliance by 2006. It took him time to get over his open-heart surgery. They just need extra time for the results of the test to come in. Then they will have the proper certificates.

Rob Collison said he will contact the Attorney General's office. It appears from the letter that if the tenant denies the landlord access, then the landlord cannot be held responsible.

Commissioner Sydnor said these issues should be addressed by the Housing Board of Review. Rob Collison said in the past, if the owner contacted DPW or MUC and showed that they were making efforts, they would be given a grace period to complete the work. Steve Johnson said MDE does not want the city to register properties that are not in compliance. The citations are for failure to register the properties. There could be many reasons that the property is not allowed to be registered. This happens to be one of the reasons. The issue is not that they are not complying with the lead abatement law, the issue is that they have not registered their property as of the date required by the City Code.

Octavene Saunders said when she was on the City Council the first 4 years, she does not know how any landlord can say they did not know way back then about the lead abatement problem. The City Council had the Department of Housing and Community Development, the Maryland Department of the Environment, and several other agencies come to Cambridge on different Saturday mornings to speak to the landlords.

Beverly Era said they received a stack of citations. They were not ignoring it. They contacted everybody they could. Rob Collison said MUC has given leniency to people who may own 10 properties and are in the process of bringing them into compliance. Steve Johnson said that was only last year. There was a problem with MDE last year because the city employees gave leniency when they should not have. Rob Collison said they do not give leniency with the registration. The State law says the city cannot register someone who is not in compliance. MUC was not referring them to District Court for the court to impose the fines. They refer them to DPW to issue citations and then it goes onto court. Mayor Rippons said Mrs. Era is continuing to get citations. She is requesting Council do something until Rob Collison gets further information. Rob Collison said he doesn't think it matters what he brings back in the status of the cases. She has not received an exemption so she cannot register the properties.

Portia Johnson-Ennels said the citations may be coming from MDE. Steve Johnson said MDE also issues citations. Portia Johnson-Ennels said MDE is issuing more citations than the city is issuing. Mayor Rippons asked Ms. Era to forward her letter about what she thinks is germane for the city to consider.

Moratorium on Enforcement of Ordinance 954 - Residential Sprinklers and Issuance of Affected Building Permits-The Fire Chief provided Council with a letter and it is supported by Mr. Johnson. Commissioner Knox made a motion to allow a moratorium until the next meeting. Commissioner Travers seconded the motion. The motion passed 4:0.

Request by Hyatt for Permission to Display Fireworks on Monday, October 15th Beginning at 7:30 pm-Mayor Rippons said the Hyatt submitted a letter saying that recently the resort had a scheduled fireworks display for a group of guests. Due to a program delay, the fireworks did not go off until 10:30 pm. They offered their sincere apology for the disturbance this may have caused to the community. They take full responsibility for the delay. Neither the Mayor nor the City Council were at fault. In the future, all of the resort's fireworks displays will be held in the early evening and will start on time without exception. Cambridge Police have full authority to shut-down the fireworks if they start later than their approved time. Commissioner Knox made a motion to allow the Hyatt to display fireworks on Monday, October 15th between the hours of 7:30 pm and 8:00 pm only. The Cambridge Police department will enforce these hours. Commissioner Travers seconded the motion. The motion passed 4:0.

PO 1032 - Criswell Chevrolet Fleet Sales - $24,455 - DPW - 2007 - Chevrolet Silverado and PO 1033 - Criswell Chevrolet Fleet Sales - $10,990 - DPW - 2008 Chevrolet Colorado--Commissioner Brooks asked if these were replacement vehicles or if they were in addition to what we have. Steve Johnson said the first vehicle is a utility bed vehicle. The second vehicle is to be used for the public safety building. They were both included in the budget. Commissioner Brooks made a motion to approve the purchase orders. Commissioner Travers seconded the motion. The motion passed 4:0.

Approve Financial Statement for August 2007-Commissioner Sydnor made a motion to approve the financial statement. Commissioner Travers seconded the motion. The motion passed 4:0.

ADDITIONAL ITEMS

Rob Collison said the city received a request from Habitat for Humanity to consider 2 properties that they would like to obtain. He asked if Council would like him to proceed with the advertising so they can proceed at a later meeting. Commissioner Knox said they just received the information so he would like to discuss it at the next meeting.

Commissioner Knox said he has been in contact with Tom Keating regarding the police substation on the corner of Travers and West End and through conversations with him as well as Chief Malik and Steve Johnson, the city is going into their second and final year on the lease of the police substation. When it was leased to the city, the situation arose that there was not a handicap ramp available. In the best interest of the city, Chief Malik decided to close the substation until they found means to get the ramp installed. It is a much-needed substation. Through a conversation with Mr. Keating, he has agreed to supply the labor to build the ramp if the city could find the funds to purchase the material. The sum of $1500 will take care of the construction of the ramp. The ramp will be made in such a way that it can be disassembled relatively easy. If the lease is not renewed, the city and Mr. Keating could possibly donate the ramp to one of the local organizations such as the Lion's Club. The club could take the ramp to someone's home while it is in need. When that home no longer needs it, it can be taken somewhere else. He asked Council to agree to the $1500 so they can get the project started. Mr. Keating indicated that it would take a week with 2 men doing the job. The substation could then be reopened. Chief Malik said he would like to see the substation reopened. It is a valuable asset to that area. Statistics show that it helped reduce crime and the perception of fear of crime has been reduced. Steve Johnson said he has Greg LeBlanc working on a design for the ramp. Rob Collison said the city is about to end the 2-year lease term. He asked if they would extend the lease for 2 years or more in exchange of this. Commissioner Knox said they did not discuss that part. If they can get it for a year, that is better than what they have now. Rob Collison said if they are investing $1500, he hopes they get at least 2 more years, if not more. Commissioner Brooks asked if they looked into a portable ramp. Commissioner Knox said the ramp will be built in sections so it can be disassembled. The Lions Club has done this in the past. Commissioner Knox made a motion to grant the $1500. He will contact Mr. Keating to see if he would entertain the extension of the lease. He would not want to have that binding on whether or not they receive the $1500. We need the substation in the area. Commissioner Brooks said they sell portable ramps that work just as well as a ramp that is being constructed and the price might not be as much. Mayor Rippons suggested that the motion be not to exceed $1500 and let Mr. Johnson look at portable ramps. Commissioner Knox agreed with the amended motion. Commissioner Travers seconded the motion. Steve Johnson asked where the funds will come from. Commissioner Knox said he was hoping the Clerk/Treasurer would find the funds. DPW and CPD do not have it in their budgets. He asked that they take it out of the general fund if it is possible. He amended his motion to make it if it is within the ability to find the $1500. Commissioner Brooks asked if they could defer the vote. It only takes a phone call to bring in pictures of portable ramps and prices and also so Commissioner Knox can contact Mr. Keating to see if the lease will be renewed for 2 years if they construct the ramp. Portia Johnson-Ennels asked if they are overlooking the HPC. Steve Johnson said HPC already approved it. Commissioner Knox said they approved a fixed ramp. Octavene Saunders said the city had the same problem years ago with people being unable to get into municipal buildings until they constructed ramps. Somewhere in some ADA law, they said you have to make the services assessable to the people. Sometimes people went outdoors or they went to the people's vehicles. They served the people. She is wondering if it still says that if you are not handicap assessable at the time, you must make the service of your business accessible to the people. She doesn't understand why the substation was closed. Commissioner Knox said the complaint came from a citizen. Mayor Rippons said what Mrs. Saunders is saying is that you have to make the building assessable. If someone comes up in a wheelchair, if the police department representative walks outside to take care of the person's needs, you are complying with the law. She was asking if this could be looked at from a legal standpoint. Rob Collison said there are a lot of unanswered questions and asked that it be deferred for one more meeting. Commissioner Knox agreed. He will talk to Mr. Keating to see if he will be willing to extend the lease.

Commissioner Sydnor said the City Commissioners met with the County Commissioners today concerning maintaining the pumping station at Jacktown. There was an amount involved of $5,000 (maximum) but it could be less than $3,000. Completing the tech park will generate technology jobs. They were at a point of finalizing this and they were at $5,000 in order to do it. At one point they suggested that the county, the city, and the sanitary district share in equal costs. It then came before them that it should be the city and the county to pay this particular cost to maintain that pumping station. He thinks the county voted on that. There were 3 City Commissioners there who were in agreement with it. Commissioner Sydnor made a motion to partner with the county 50/50 as far as maintaining that pumping station. Commissioner Knox seconded the motion. Mayor Rippons included that the O&M that is currently allocated be used as a base. Commissioner Knox said they will enter into an MOU for a 10-year period with an option of 5. The motion passed 4:0.

Commissioner Sydnor said Oden Wheeler provided Council with a letter pertaining to the laptop computers for Council. The quote is broken down per unit and a list of the accessories needed and their costs. He asked Council to review the memo as far as the price for the individual computers and also for the accessories that have been provided. Dale Price from DPW reviewed the information. He asked Mr. Kinnamon to provide a list from the department heads of any unfilled positions from July 1st up until the present time. That will be utilized as a source of funding upon Council's approval of this item.

Commissioner Brooks thanked Chief Malik and his force. She has had several phone calls in appreciation of what CPD is doing to help the residents with problems they are having in the Greenwood Avenue and Cornish Drive areas.

Commissioner Travers thanked everyone for their best wishes after he fell a few weeks ago.

Yvonne Penn, the Pastor of St. Luke United Methodist Church, said over the summer they applied to the city for funds to help with their summer program, as did several other local churches. She thanked the President for making faith-based initiatives one of his foremost areas to help low-income communities in other areas. She thinks his statement was that where city funds cannot reach or the state could not reach, they could delegate funds for faith-based initiative programs so that those persons could be reached and those areas could be helped. They thanked Council for the monies that they gave to them this summer to help with their program. Their summer program started on June 18th and it continued through July 30th from 1:00 pm to 7:00 pm. The program consisted of computer classes, music classes, leadership development, puzzles for the young kids, library study, and several other programs. They had over 70 students attend the program. They had 10 volunteers, professionals, supervisors of education, teachers, nurses and other professionals in the area that stopped in to give them a hand. They did not have to pay anyone for their services. The money the city gave them helped to pay for meals and to keep the program running so they can buy computer equipment. She thanked the city for the funds that were provided. The children of Cambridge in the African-American community and also in the European community and the Hispanic community that attended their program really appreciate what the city did for them. She read a letter during the summer that said the city really should not give money to churches and she had to laugh to herself because obviously the person who wrote the letter had no idea about faith-based initiatives. One of the greatest things they did at the end of the summer was make an agreement with Wal-Mart and purchased book bags, equipment and school supplies for each child. It was a relief for the parents and an awesome day in their church. Their program does not stop in the summer. If the city has some monies that they are not using, they are still continuing. They will take the city's money and put it to good use. She invited the city to help them if they can. If not, they hope that next summer the city will not forget the churches and the faith-based initiative in the community and repeat what they did last summer.

Octavene Saunders said a lot of times she rides behind Craig's Drug Store. She asked Commissioner Cephas to have the holes filled in. Someone else told her that nothing could be done to make the business people repair the right-of-way. She never knew that someone did not have to repair something that is a hazard and a danger. Rob Collison said they are obligated to repair a public sidewalk. He does not think it is a city-owned or city-maintained right-of-way. It may be private. Octavene Saunders said the city made Chicken Man do it when she was thrown out of her cart when she hit a hole in their lot 2 years ago. Mr. Wheeler looked at it, took pictures, and Chicken Man got an order. It is private property. It has been fixed ever since. She cannot believe that someone can allow a danger like that. Steve Johnson said he will look at it and talk with Rob Collison.

Portia Johnson-Ennels asked about the action being taken on the transitional shelter on Gay Street. The building is deplorable and not fit for people to live in. There are 5 men living in it now. Steve Johnson said he will look into it. Commissioner Brooks said it is being operated by Delmarva Community Services. Portia Johnson-Ennels said they will need a special exception if they go somewhere else. Commissioner Brooks said there is a State grant sent every year for the Gay Street location for the program to operate.

With no further business, Mayor Rippons adjourned this portion of the meeting at 8:20 p.m. I hereby certify that the foregoing is a true and accurate account of the Council meeting Tuesday, October 9, 2007, insofar as I personally am aware.

                                                                                                                                   

                                                                                    Edwin C. Kinnamon

                                                                                    Clerk & Treasurer