• 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

May 24, 2004
 

The City Council met in regular session on Monday, May 24, 2004 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 Bohlen, Weldon, Atkinson and Travers.

Ed Kinnamon led in the Lord's Prayer. Commissioner Atkinson led in the Pledge of Allegiance. Commissioner Travers made a motion to approve the minutes of the May 10, 2004 Council meeting as distributed. Commissioner Weldon seconded the motion. The motion was passed unanimously. 

COMMITTEE REPORTS

Street Lighting Committee-Commissioner Bohlen reported that Mail-Well Graphics on Woods Road requested an additional street light. Currently there is only one light in that vicinity. The committee recommends installing an additional light. Commissioner Bohlen made a motion to have the additional light installed on Woods Road near the south end of the employee parking lot. Commissioner Weldon seconded the motion. The motion passed unanimously.

PUBLIC HEARING

Constant Yield Tax Rate-Ed Kinnamon said the public hearing is being held to discuss the constant yield for the City of Cambridge for this coming year. It was advertised in the Daily Banner on May 14, 2004.

The City Commissioners of Cambridge, Maryland propose to increase real property taxes.

1. For the tax year beginning July 1, 2004, the estimated real property assessable base will increase by 4.03%, from $476,228,663 to $495,439,587.

2. If the City of Cambridge maintains the current tax rate of $0.726 per $100 of assessment, real property tax revenues will increase by 4.03% resulting in $139,471 of new real property tax revenues.

3. In order to fully offset the effect of increasing assessments, the real property tax rate should be reduced to $0.698, the constant yield tax rate.

4. The City is considering not reducing its real property tax rate enough to fully offset increasing assessments. The City proposes to adopt a real property tax rate of $0.726 per $100 of assessment. This tax rate is 4.01% higher than the constant yield tax rate and will generate $139,471 in additional property tax revenues.

Ed Kinnamon asked for public testimony. Nobody asked to speak. Commissioner Atkinson made a motion to close the public hearing. Commissioner Travers seconded the motion. The motion passed unanimously.

APPOINTMENTS

Proclamation for Childhood Lead Poisoning Prevention Week-Ed Kinnamon read the proclamation. Mayor Rippons signed it and presented it to Theresa Cornish, representing the Dorchester County Health Department. She invited everyone to attend their carnival on Saturday, May 29th at Choptank Elementary School.

Sailwinds Management Board

Request Extension of Their Lease for 10Years-Raymond Simmons gave Council a letter that the Management Board drafted to send to Governor Ehrlich requesting an extension of the lease at Sailwinds Park for an additional ten years. The current lease expires on July2009. This would allow the Management Board and the City in conjunction with other agencies to perhaps make some long-term capital improvements and get the commitment necessary. Mr. Simmons thanked the Mayor for working with them on this issue.

Mr. Simmons announced the appointment of Mr. Ed Dayton as Acting Director at Sailwinds Park. They received over forty applications and interviewed eight people. Mr. Dayton has been appointed as the Acting Director to see how well he fits into the scheme of things at Sailwinds Park. So far, they have been very pleased with what he has been able to accomplish.

Request a Variance from the Noise Ordinance for Saturday, August 7 for an Outdoor Concert (3:00 pm until 10:00 pm

Request to Close Boat Ramp Area-In conjunction with the concert, they are requesting permission to close the Franklin Street Boat Ramp from Friday, August 6th at 6:00pm through Sunday, August 8th at noon to enable them to get the infrastructure and sanitation facilities in place.

Commissioner Atkinson asked if they have contacted our State Delegate and Senator who supported this 10-year extension. Mr. Simmons said that Delegate Eckardt and Senator Colburn are both in the loop on this and are giving the Management Board their support.  Commissioner Atkinson commented on the outstanding job the Management Board has done. They have increased capital improvements of over $450,000 at no expense to local or state government. He congratulated them on the fine job they are doing. Commissioner Atkinson made a motion to extend a letter of support for the lease extension. Commissioner Travers seconded the motion. The motion passed 4:0.

Rob Collison said there is an ordinance from the City of Cambridge that basically says any unusual or unreasonable noise will not be permitted if it constitutes a nuisance. Several criteria were considered to establish this ordinance. It starts with noise that can be heard more than 50 feet away (across property lines or through walls) and then it goes into more detail. For grass cutting equipment and equipment that generally makes noise, you have to live with it but it has a prohibition between 10:00 pm and 7:00 am. It also provides exceptions for trash trucks and also allows the Council to grant variances or waivers from the strict requirements of the ordinance. Anyone who is going to have amplified music that is going to extend beyond 50 feet has to come to Council.  

Commissioner Weldon made a motion to grant Sailwinds a variance from the noise ordinance for Saturday, August 7 for an Outdoor Concert (3:00 pm until 10:00 pm). The bands will be on the existing stage. Commissioner Atkinson seconded the motion. The motion passed 4:0.

Rob Collison said there does not appear to be any prohibition in any of the State grants about closing the Franklin Street boat ramp.  The practice has been that boat ramps can be closed provided the Trenton Street and Great Marsh boat ramps are open. Chief Malik didn't have any problems with closing the boat ramp. David Pritchett asked if that is the tightest timeframe they could put into closing it. Mr. Simmons said it is correct. Commissioner Atkinson made a motion to approve the closure of the Franklin Street boat ramp from Friday, August 6th at 6:00 pm through Sunday, August 8th at noon. Commissioner Travers seconded the motion. The motion passed 4:0.

Representatives from Snappers Waterfront Café to Request Variance from the Noise Ordinance for the Deck Parties on Fridays Through Sundays (5:00 pm until 11:00 pm) from Now Until September-Susan Antonelli said they have received variances for almost 10 years now. Their deck parties have been a real success. This year they have opened up a tiki bar and have gotten a lot of good feedback.  The music they will have is basically steel drum and Jimmy Buffet. They have a lot of boat traffic. She feels it is a good thing for Cambridge. They have had people call them and ask them to turn the music up. She submitted a letter of support from Frank Stout, a resident of Gay Street. They close their bar way before most of the bars close.

Sue Rickert, Cambridge Landing, said after Snappers blatantly disregarded current ordinances, she would like to know how anyone would consider rewarding them by granting them a variance.  They are going to impact residents of the Creek for 43 percent of the summer. It is not just the outside entertainment, it is actual operation of the bar itself. The noise is penetrating from the people sitting outside on the deck. It is elevated across the water. The noise impact on the residences must be adhered to and enforced by the local police. This is a significant change from last year's activity both in number of requests, more businesses, more nights, and in scale. It impacts the quality of life for residents on the Creek and is a significant conflict with planned residential growth in the Creek neighborhood. She suggested that if Council felt they needed to allow a variance, that they not allow it for more than a few weeks so it can be constantly reviewed.

Donna Towers, Cambridge Landing, asked if there was any violation in building permits at Snappers with the tiki bar. David Pritchett said he signed a permit on May 6, 2004 for a 10-ft x 16‑ft shed. He was told there would not be electricity in it. The use is separate from the permit that he gave. There is no violation to the permit. The use falls into a whole different issue. Rob Collison said he would investigate the use in the PWCD.

Donna Towers said there aren't any times in many of the ordinances concerning disturbances and noise. There are references to the hours of 10 pm until 7 am. She asked if this is the same for noise and disturbances as well. Rob Collison said the Code does not have criteria with regard to decibels and meters. This is a reasonableness Code that says an unreasonable amount of noise, no matter what time, is not permitted. There are judgment calls to be made. He believes the intent of the ordinance was that variances should not be a waiver granted between 10:00 pm and 7:00 am.  There may be on very rare occasions midnight fireworks, etc. Generally speaking, it should be ending at 10:00 pm.  If the police respond to a call for an unreasonable situation, they will give a warning and after that they are going to issue citations. Depending upon the situation, he thinks it is a good idea to monitor this if there is such a divide on the issue to see if they are complying.

Donna Towers said the tiki bar opened about two weeks ago without a variance. They have been playing all kinds of music into late hours. Commissioner Bohlen asked if there is any criteria for having an outside bar facility. Mayor Rippons said Nick Lyons could answer this question. Commissioner Weldon said he believes Snappers in the Arts and Entertainment District. He suggested having an attachment to a liquor license that would have its own hearing process for live entertainment.  Rob Collison said you could have the same problem with speakers for a stereo. He thinks it would serve us best to stick with amplified music. Commissioner Weldon said this is one of the reasons that he has had deep concerns about the heavy concentration of residential units that are being built on the Creek. The Creek is a recreational area. Part of public access to the Creek is restaurants and entertainment. While he sympathizes with the residents, he can't help but draw the comparison of buying a house next to the airport and complaining about the planes. We have a revitalizing economy with new people coming to this community that are drawn to the waterfront. He agrees that the intensity and the level of hours that are being requested is excessive. He thinks that three nights out of the weekend, while good for business, is not very considerate of the neighbors. There has to be some level of compromise. His suggestion is to review the ordinance to see if live entertainment can be restricted through a license process. For the short term, Commissioner Weldon made a motion to approve the variance for Saturday evenings for a 30-day basis subject to review at that time. Mayor Rippons said that this is not the request and asked Commissioner Weldon to withdraw his motion.

Donna Towers said for the last 15 years many of them have been living near Snappers and they have been good neighbors. They have listened to their music on Sunday afternoons. They have had a couple of complaints and called the police department and they have been taken care of.  Representing residents of The Landing, they would like to request that Council look very carefully to make sure that there aren't any special usage violations here for Snappers. They are also requesting that it not be so noisy. The cut-off is 10:00 pm according to ordinances which have been working for many years.

Commissioner Bohlen said for the last four years, he believes the variances were granted for Sunday afternoons and Friday until 10:00 pm for either a DJ or their reggae band and they gave specific dates throughout the summer. It does seem to be a large broadening of the use. Several of the complaints that he received were not necessarily about the music. They were due to noise from the crowd at the new outside bar. He would like to suggest that Council look at what they had done in the past and see if that might be a possibility or some other slight considerations beyond that. That seemed to have worked with minimal problems or conflicts.

Susan Antonelli said in the past they have had the variance on Sundays from 5:00 pm until 10:00 pm through the end of September. They usually have someone like Rich Mascari who plays a lot of Jimmy Buffet. It is no different from last year. He sets up at the exact same place he has always set up. It is the same exact noise level. The tiki bar gives the crowds that come to the restaurant on Friday and Saturday nights a place to sit and have a drink while they wait for their table. They have increased their request because of the large number of people who think it is a great idea. They would just turn the radio on to have some time of Reggae music. Mayor Rippons suggested some type of mediation. The City would probably give them some small probationary period and asked that some of the neighbors meet with the restaurant owners. Susan Antonelli said she would be willing to just do the live entertainment on Sundays like they have done in the past from 5:00 pm until 10:00 pm. Rob Collison clarified that they still have a noise issue whether it is live music or tapes or CDs. If it is loud on the other nights, they will be in violation.

Donna Towers said the music isn't the same this year. They are facing the speakers another way, and the music is louder and a different type of music. She said they are being asked to negotiate with some folks who have clearly blatantly violated City ordinance for the last two weeks and she has a problem with that because that is how we dilute laws.

Commissioner Weldon said he appreciates the fact that we have restaurants like Snappers on the Creek. They not only provide a nice place for local people, but it is a nice place for tourists to go. It is an attractive facility. They have a great menu. It is what our Creek development should strive for. We also have some long-term residents who should be accommodated also. He will ask Chief Malik to review the situation and if there is anything they need to do about it, they will. To move forward, he is going to go back to his original motion. Commissioner Weldon made a motion to provide Snappers with a variance for one night on the weekend (Susan Antonelli said Sunday) until 10:00 pm for a 30‑day period. The City will revisit the issue in 30 days. If they have not had any problems, they will extend the variance through the balance of the summer on those terms.

Ralph Young, Cambridge Landing, said he has been listening to the fact that the people who have condos on the water are a nuisance, and that they are impeding different things in the Community. He would think if you added the taxes that all of the units pay against what Snappers pays, he doesn't think it is a fair fight. When the music is done right and within the time limit, nobody complains about it. In response to a question by Commissioner Atkinson, Mr. Young doesn't recall the music bothering him last year. Donna Towers said on occasion it did, but very seldom. There was a difference in the noise level and you didn't have the drunks sitting on the deck after the music had stopped.  Susan Antonelli said the music is stopped at 10:00 pm but the bar is open until 11:00 pm. Mr. Young said Portside generally has music. Sometimes they get loud but they stay within the parameters and the timeframe. As a general rule he doesn't think most people have a major complaint when people stay within the law. He doesn't like to be portrayed as an impediment to the growth to the community.

Commissioner Bohlen said in looking at the total picture, you are looking at something that wasn't a problem until this year. Rob Collison said the City received three letters in strong opposition. One was from Thomas McGinn (Academy St.), one from Bobbi Brooks (Harbor Haven), and one from Kenneth R. Thomas, Jr. (Harbor Haven).

Commissioner Weldon repeated his motion for a 30-day probationary period for Sunday nights from 5:00 pm until 10:00 pm. This will be reviewed by Council on June 21st. Commissioner Bohlen seconded the motion. Commissioner Travers said he received several complaints about the noise. He would like to strictly keep it down to one night and make sure the people at Cambridge Landing know they can call him every night if the noise gets too bad. The motion passed 4:0.

On behalf of the Hyatt Regency and a corporate client who is coming for a three-day conference with an off-premise evening at Claytons, Hugh Gallagher requested a variance from the noise ordinance for Monday, June 14 from 7:00 pm until 11:00 pm. The band will be outside playing island-type tropical music. Commissioner Travers said he doesn't think they should have anything past 10:00 pm. Commissioner Atkinson said the ordinance reads 10:00 pm and they just limited Snappers to 10:00 pm and he doesn't think they can give Mr. Gallagher special dispensation.  Mr. Gallagher said he fully understands it and respects it. Mayor Rippons said a noise variance is usually an agenda item so all neighbors can be made aware of it. A few of the neighbors are here tonight for another noise variance. Mayor Rippons asked if anyone wanted to speak. Mr. Gallagher said he plans to fully comply with every aspect of the law. Everything will be done in accordance with the edicts of the Council and the police department. He will talk to the entertainers well in advance of their arrival. Commissioner Atkinson made a motion that the request be granted not to exceed 10:00 pm on June 14th. Commissioner Travers seconded the motion. The motion passed 4:0.

Request for a Noise Variance for a DJ at Creek Side Seafood for Each Friday Night Through Labor Day (7:00 pm until 10:00 pm)-Ben Krewson said they try to operate a very respectful business.  They are asking for a noise variance on Friday nights. What he is planning is an acoustical singer sitting on a chair playing a guitar with one little speaker. It won't be after 10:00 pm.  Commissioner Weldon made a motion to grant the variance from the noise ordinance for Fridays from 7:00 pm until 10:00 pm for a 30-day period. Commissioner Bohlen seconded the motion. Rob Collison asked that the speakers be arranged so they are not facing the condos. Mr. Krewson asked that if anyone had a problem to call him first, not the police. Commissioner Weldon asked about the storage trailers on Mr. Krewson's property. Mr. Krewson said it is a mobile steamer which was approved by the Health Department. Commissioner Weldon said it is a temporary trailer as far as he is concerned regardless of what the use of it is. David Pritchett said it is technically in violation of the trailer ordinance. The use does not come into play. Commissioner Weldon said the City also has an ordinance regarding outdoor storage. He knows Mr. Krewson has crates and other things outside. He knows they are on a limited structure but everyone has to be on an even field. He has received several complaints from the neighbors about crab baskets stacking up. Mr. Krewson said they stay on a constant rotation. When he gets 100 crates, he has an outfit out of Carolina pick them up. They won't pick up smaller quantities. The Health Department doesn't have a problem with this. If he doesn't get 100, he has to pay $3 more on every bushel of crabs for the crates. He has to have baskets to give back to his crabbers. He cleans them out before he puts them outside. The dumpster gets dumped three times a week. He also buys very expensive dumpster deodorizer and fly bait. He will have the trailer out of there tomorrow evening. David Pritchett said he will talk to Mr. Krewson to discuss some issues that he may have. The motion for the noise variance passed 4:0.   

Representative from Cornerstone Assembly to Hold Bake Sale in the Long Wharf Parking Lot on July 4th (4 pm until 10 pm)-Commissioner Travers made a motion to grant the request. Commissioner Weldon seconded the motion. The motion passed 4:0.

William M. Giese to Discuss Problems Associated with Impacts to Adjacent Landowners of the Proposed Egypt Road Development-William Giese reported that he is speaking on behalf of what they call "The Forgotten Few". He is referring to the landowners adjacent to the Egypt Road project. He introduced Helen Malkus who owns the farm to the west of the project and members of the Edgar family who own the farm to the east on the Little Blackwater. These properties will be impacted by this development in many ways. Some concerns were addressed in earlier meetings. An important impact is the loss of the hunting privileges and revenues to the adjacent landowners. He gave Council copies of the DNR regulations relating to restrictions on hunting adjacent to occupied dwellings and a chart showing distances that shot from shotgun shells will shoot.  It adds up to a total of 140 acres or 50 percent of the Malkus property. This restriction will not only affect the hunting, but reduce the income and restrict their ability to control the deer herd and also the geese. On the Jackson and Rue properties, any hunting on the river has been eliminated.  Restrictions on this property are more confusing because of the proposed golf course. Unless there is an occupied dwelling, there may not be any restrictions on this property which means you can have hunters on one side of the river firing into the golf course.

Mr. Giese said he began trying to address this issue a month ago. He contacted Rob Collison and requested a meeting with the adjacent landowners. He felt he was stonewalled for several weeks. He would like the issues to be addressed during the planning process. The developer has expressed an interest in working with them. They landowners have been frustrated by the fact that although they have attended all the meetings regarding this project, nobody has approached them (developer, City, County) and asked what concerns they had or how they would suggest resolving those concerns. They don't want to have to resort to litigation, but they have to look at how their property rights are being eroded away.

Rob Collison said he received a call from Mr. Giese regarding two issues. One was farm equipment being permitted along Egypt Road and the other was hunting rights. He made sure there was a provision in the annexation agreement that continued allowing farm equipment on Egypt Road.  He explained to Mr. Giese that the State Code required a 150-ft setback. After the annexation was finalized, law enforcement would meet once they had jurisdiction to decide how they would enforce it as they have in other areas in town. There is an issue of pre-emption. The City cannot undue the State Code.  Mr. Giese said they will live with that provision. They also realize, however, that it can be minimized by working together with the developer and the City to try to resolve the issue and minimize the impacts. Commissioner Weldon said what Mr. Giese was saying was that if the developer puts the residential units at the minimum set-back that the City requires, the adjacent property owners are going to eat, not only the minimum State range, but in good conscience beyond that. He is asking if the design of the complex can accommodate for some of that distance.

Sandy McAllister, representing the Egypt Road LLC, said it is either a deliberate misrepresentation or just an oversight by Mr. Giese not to mention that on numerous occasions he has not only met with the developer, he has been invited to meet with the developer. Very recently, the developer asked Mr. Giese to contact him and talk. They have a meeting set up for tomorrow night at 7:00 pm.  Mr. McAllister said he personally drove to the Edgar farm and asked them about any issue in the world and felt like he had gotten a little input which he took seriously until about two weeks later when Mrs. Giese accused him in public of trying to intimidate the Edgars by going to their house to ask if there was anything they could do or if there were problems. He feels the Edgars responded honestly and made a lot of valid points and he promised them that the developer would look into them.  At the public hearing, he was flat out accused by Mrs. Giese of having inappropriately contacting the Edgars.  He told Mr. Giese they would love to meet with him. Because it will be a PWRD, they now have to go through a design and planning stage that includes public hearings at the Planning Commission level and public hearings at the City Council level. There is no way in the world to discuss appropriate setbacks for this or any other issue.  They have had conversations with the Jackson and Rue property owners. They are not here tonight and he has been led to believe they don't have any problems with the hunting issues. They comprise a significant portion of the properties contiguous to the Blackwater River. There is a home in the middle of the Edgar parcel. It will be part of this project. It is not as if there are no current considerations. There are also houses adjacent to the Malkus farm to the north as well.  They have made repeated overtures and will make them again if they were ever accepted in the proper spirit of discussion and safety concerns.

Linda Wilson asked what part of the area is not slated for development. Sandy McAllister said it is about 20 percent. She feels that Mr. Giese is trying to say that if the he needs to stay off of his property 300 or more feet, the developer has a responsibility to share that burden.

Helen Malkus would like written assurance that there will be bonds and protection of her property from trespassers from the development so she will not be impacted.  Mayor Rippons said this could be discussed at the meeting tomorrow night. After that, the City will try to help with any issues.

Mr. Giese said he came to Council tonight because he felt the City should be a partner in this. Until it is put on paper, any agreement they have with the developer is a promise. Having the City involved through he planning process and in working out any resolution of their problems legitimizes the issue. He felt he was getting nowhere with the City. Mayor Rippons said the City will be involved.

Barbara Edgar said Sandy McAllister showed up on her doorstep for 3½ hours one day.  She told him they had so many concerns that he probably didn't have time to listen to all of them. They discussed that hunting is a very important part of their farm income. He said he would look into it and she still has not heard from him. She has sent letters and not received any response. She feels the adjoining land owners should be considered. Sandy McAllister said the reason he didn't get back to Ms. Edgar was because Ms. Giese took exception to her visiting the Edgars.

Mayor Rippons said the City will ingratiate themselves through every step. Not only to the residents of the City, but to the residents outside the City. He believes the things they have done to this point, not only on Egypt Road, but on all other considerations of annexations, that they have talked to all residents. They will continue to be in the position to work either as an intermediary or a facilitator to get these issues worked out.

Linda Wilson asked if the City has asked the developer for any seed money for low income housing like a developer represented by Sandy McAllister is doing in Easton. Mayor Rippons said the developer has brought to the table their consideration. It is a very rudiment time in this development. Commissioner Weldon said he believes either Easton and/or Talbot County has a requirement for low income housing to be included as a part of any major development.  Sandy McAllister that was the first instance where a commercial development was requested to contribute in a financial way for housing issues, which have been a focus in Easton because of the perception in Talbot County that there is insufficient affordable housing. Their research has indicated that because of large parts of east and west Cambridge, they haven't reached the point yet where there isn't entry-level workforce housing options available in Cambridge. It doesn't mean there isn't significant need for property upgrade and property maintenance and for money to be put into existing communities in Cambridge. We do have that need. The Egypt Road project is slated to pay 100 percent impact fees. It will also make a $2 million cash contribution to the public safety center. Those capital needs were perceived, thus far, to be the most pressing ones for this community. They would like to look at a 10-year build-out at Egypt Road as creating sufficient jobs that affordable housing works from the position of job creation.

Rob Collison said the annexation resolution was approved condition on the annexation agreement. That has been pretty much finalized. The other condition was drafting of a PWRD ordinance. It will create a PWRD ordinance showing the zoning of the entire 1000 acres. After that, it goes to the master development plan which will show the public open space, the reserve area, and buffers. That is where you will have public input at the Planning and Zoning Commission's hearing.

Carol Pritchett To Request Permission to be Allowed to Hook Into Sanitary District No. 3-Ms. Pritchett is buying the property located at 2013 Church Creek Road. Rob Collison said the City is limited from a legal basis from allowing anyone and everyone to come into the City's sewer system.  The State forced the City to take in the Town of Church Creek because of environmental problems. The City created a new sanitary district. There were some properties that were initially within that new district that were removed for unknown reasons. The policy of the City is to require annexation to receive City services unless there is a mandate from the State to accept an out-of-City property. There are currently ongoing discussions to expand the Church Creek district to Woolford and Madison. It appears that the State will be requiring the City to take them and certain other properties in. If the need is coming from the State, they City will require something from them stating that the property cannot comply with a septic system and the City has to take them in on an environmental basis. Ms. Pritchett said she was told that in years to come she would have to connect to the Sanitary District. She doesn't want to put in a septic system and then be told to connect to the Sanitary District.  David Pritchett said he is not aware that the City will be forcing people to connect. There has been a lot of discussion on what to do with that area. George Hyde said the City wouldn't force anyone outside the City limits to connect.  If the State did, that would be another story. Rob Collison said the City is unaware of any future mandate that would require them to take in anyone else outside of the existing Sanitary District. Ms. Pritchett will contact the Department of Public Works for further information on this issue.

Proclamation for Relay for Life Days-Ed Kinnamon read the proclamation. Mayor Rippons signed it and presented it to Gail Skinner.

Gail Skinner, Relay for Life, to Request Noise Variance for Friday, June 11 and Saturday, June 12 at Cambridge South Dorchester High School-Commissioner Travers made a motion to grant the request. Commissioner Bohlen seconded the motion. The motion passed 4:0.

Gail Skinner thanked the Council for their support. Last year Dorchester County raised over $150,000 which is quite impressive for this area. The relay is an overnight event because the founder felt that cancer doesn't end at 11:00 pm when we go to bed. There are a lot of people in our community who have benefited from research and a lot of programs available for cancer patients. It is a way to honor cancer survivors and also to recognize those who have lost the battle to cancer.  Mayor Rippons thanked Mrs. Skinner for her very concerted effort.

UNFINISHED BUSINESS

Council to Discuss RFP for Edgewood Avenue Development-Ed Kinnamon said this item dates back to February when the Council authorized advertisements to be placed in the paper regarding expressions of interest for Schoolhouse Lane, Chesapeake Court, and Edgewood Avenue. There have been no expressions of interest for the Edgewood Avenue properties.

Discussion and Consideration on Tax Abatement for "Main Street" Exterior Improvements-Rob Collison said in doing the research for real property tax credits, there are certain sections in the State statute where the State grants to the City the rights to do that. The only ones he can find are for the Arts and Entertainment District, Historic Properties, and Economic Development. He cannot find any that would apply to Main Street. He has contacted the representative in the Comptroller's office and will make a report when he hears from the Comptroller. Commissioner Bohlen suggested contacting the Maryland Main Street Program representative and/or the National Main Street Program.

Appoint PWCD Review Committee-Seven members of the community have submitted resumes and expressions of interest to serve on this committee. These citizens are Joe Brooks, Bill Craig, Frank Newton, Rod Benjamin, Marshall Rickert, Tom Keating, and Kevin Luten.  Commissioner Bohlen made a motion to approve the seven citizens to serve on the PWCD Review Committee. Commissioner Weldon seconded the motion. The motion passed unanimously. Mayor Rippons suggested that Anne Roane from Planning and Zoning attend the meetings.

NEW BUSINESS

Citizen's Request for a "No Parking Zone" on the Southeast Side of Hambrooks Boulevard Between Belvedere Avenue and Oakley Street-Commissioner Bohlen made a motion to refer this item to the Traffic and Safety Committee. Commissioner Travers seconded the motion. The motion passed 4:0.

Request from Cambridge Police Department for Variance from the Noise Ordinance for Their Community Block Party on Saturday, June 19, 2004 from 12 Noon Until 4:00 pm in the Parking Lot of the Board of Education-Commissioner Travers made a motion to approve the request. Commissioner Bohlen seconded the motion. The motion passed unanimously.

Request from Cambridge Police Department to Accept Grant from the United States Department of Justice Cops Universal Hiring Program-Mayor Rippons said this grant will pay what amounts to 50 percent of the salary for two new officers for a period of three years. Commissioner Weldon made a motion to approve the request. Commissioner Travers seconded the motion. The motion passed 4:0.

Request to Proceed with Demolition of 818 Robbins Street, 880 Park Lane, 703 Wright Street, 408-410 Camper Street-David Pritchett said the demolition orders were not appealed. There may be money available to demolish these houses rather than using the General Fund or their budgeted amount.  Commissioner Atkinson made a motion to grant the request. Commissioner Travers seconded the motion. The motion was approved 4:0.

Approve Budget Amendment of Department of Public Works-Commissioner Travers made a motion to approve the budget amendment. Commissioner Bohlen seconded the motion. The motion passed 4:0.

Approve PO 3209 Audio Intelligence Devices for CPD for Pager Equipment

($4,941 using Drug Forfeiture Funds)-Commissioner Bohlen made a motion to approve Purchase Order 3209. Commissioner Weldon seconded the motion. The motion passed 4:0.

Approve PO 3210 Computer Information Systems for CPD for License Renewal/ Maintenance ($9,000)-Commissioner Travers made a motion to approve Purchase Order 3210. Commissioner Bohlen seconded the motion. The motion passed 4:0.

Approve Financial Statement for April 2004-Commissioner Travers made a motion to approve the Financial Statement for April 2004. Commissioner Bohlen seconded the motion. The motion passed 4:0.

ADDITIONAL ITEMS

Rob Collision said the City has received in final form the formal lease agreement for the Trenton Street pier. The developer will be required to pay the $25,000 DNR grant funds if the City is required to repay them.  Even though the lease term begins January 1, 2005, throughout 2005 they will make those slips available to the public.

Rob Collison said the City has received in final form the annexation agreement for the Egypt Road project. The impact fee issue was amended to July 1, 2009 so the fees are fixed for a 5-year period at the current rate of $4500. It does maintain the right to pre-pay all impact fees. Paragraph No. 7 will have to comply with State statute. This is the issue about keeping it as an agriculturally assessed parcel until it is built and/or use and occupancy permits are issued. They will be coming back with the second half of the conditional annexation resolution and that will be the formal PWRD district.

Commissioner Bohlen reminded everyone that the City primary election is June 8. Everyone should exercise their right to vote.

Commissioner Atkinson said the big news on the TV has been the World War II Memorial. We also have a beautiful World War II Memorial in Long Wharf Park. American Legion Post 91 has spent over $11,000 on lights, etc. He asked everyone to stop by and take a look at it during Memorial Day Weekend. The American Legion just recently purchased and installed two new benches. He requested that Council authorize Mr. Kinnamon to purchase a wreath to go at that memorial in addition to the one at the Long Wharf. Commissioner Atkinson made a motion to have a wreath placed at the World War II Memorial. Commissioner Travers seconded the motion. The motion passed 4:0.

Commissioner Atkinson asked about the work on Bayly Road. George Hyde said the contractor is on liquidated damages. Every day they don't go out there, they owe the City $500. They keep telling him that as soon as they finish another job, they will be out there to pave.

Commissioner Atkinson asked about Brannock Tire. David Pritchett said he received a plan from them as to what they are going to do. It is more extensive than what was originally mandated. They have asked for 60 days to complete their work. About 30 days are left. The owner of the property died during the winter and he feels this played a legitimate role in delaying what happened there.

Commissioner Travers said he is delighted to see so many people from the Fifth Ward appear in Council Chamber tonight. In the past four years, he doubts if we have had three people attend a meeting. He thanked them for attending.

Ed Kinnamon received a letter from Debbie Ellis who wishes to build a building on Bucktown Road within the City limits. The property needs to be subdivided. She applied for building permit but there is no septic system on the property. She cannot put a septic system on the property because it is in the City limits. She is requesting authorization to temporarily tie into the Sanitary District until the City can do whatever it is going to do. David Pritchett said the work out there should be completed in about a year. Technically there is nothing to prohibit connection to the Sanitary District. It would be a decision between Council and Sanitary District 4. Ms. Ellis said she would like to start building the house in September.  David Pritchett will speak to the Sanitary District and then contact Ms. Ellis.

Ed Kinnamon said the Main Street Committee requested a noise variance for an event on June 12. In November Council granted Main Street a blanket noise variance for their Second Saturdays. They have also requested to have Poplar Street and the 400 block of Race Street closed. Commissioner Travers made a motion to grant the request. Commissioner Bohlen seconded the motion. The motion passed 4:0.

Ed Kinnamon received a request from Grady Wilson, 10 Buena Vista, to block off the 600 Moores Avenue on Saturday, June 19th from noon until 4:00 pm for a block party. Commissioner Atkinson made a motion to grant the request. Commissioner Travers seconded the motion. The motion passed 4:0.

Ed Kinnamon reported that Richard and Joy Loeffler are building a home on Sandy Acres Road and requesting permission to hook into municipal utilities. Mayor Rippons asked if they are aware of the impact fees.  Ed Kinnamon said he will inform them of the fees. Commissioner Weldon made a motion to approve the request contingent upon payment of the $1500 impact fee. Commissioner Bohlen seconded the motion. The motion passed 4:0.

Chief Malik reminded everyone that the EagleMan Triathlon will be held on June 13. The event has grown enormously over the last few years. They have nearly 1400 participants and it does cause some traffic and safety concerns throughout the City.

Mayor Rippons announced that the City is getting ready to go to bid on the public safety building. He is requesting to have latitude in the bid documents to include a provision that would allow any bidder consider a triple net lease consideration to the City. They pointed out that there may be cost savings in excess of one half million dollars and it would still fall back to the parameters of Council to accept or reject it.  Commissioner Atkinson made a motion to allow Rob Collision to include consideration of triple net lease on the property. Commissioner Travers seconded the motion. Mayor Rippons explained that instead of the City going out and using public bond debt, there is a consideration that a contractor would come forward utilizing his own money to purchase and build the building. The City would pay all considerations of maintenance, taxes, etc. There are parameters so at the end of ten or twenty years as a buyout of the remaining mortgage, and then after twenty five years, basically for one dollar the City would own it. The motion passed 4:0.

Mayor Rippons said GKD, a new firm on Chesapeake Drive, purchased a permit before we had the impact fee but the foundation was not done. Our impact fee is predicated on the size of the line that goes into the building. They want to use 1½ inch diameter water line. From an engineering standpoint, it does not facilitate that line to service water considerations for production, it is just that our water line from the City is in the back of the building. To get enough pressure to service the restroom which is the only consideration on the property, they need a 1½ inch line. After discussion with Rob Collison on the legal aspect, David Pritchett as it relates to the impact portion for the sewer connection, and Gary Newcomb as it related to water, their consideration is that they would pay an impact fee of three times the regular EDU. Since the water is not used in the manufacturing process, they would also agree to monitor the program by MUC to ensure compliance. They have indicated that their usage would be equivalent to 2 EDUs. They are asking that they be able to pay an impact fee of three times a basic EDU which comes out to $12,900. Commissioner Weldon asked if the building had a fire suppression system with a water-based sprinkler. In the event of an emergency, the line is also designed to maintain pressure in the fire suppression system.  He would regard a reduction in fee to this building to be inconsistent with the policy where a subdivided building with more than one commercial user is being billed two minimum flows. David Pritchett asked that this be deferred to the next meeting so he can talk to the City Engineer to further clarify this situation.

Mayor Rippons said the Personnel Review Committee has been meeting relating to health insurance which is a self-funded program. This year they are looking at going to the reserves, right now just currently under $90,000. Because of this they are look at some cost containment. Mayor Rippons will give the Commissioners a copy of the suggestions for the next meeting. It comes from the recommendation of the insurance broker, Chet McWilliams.  They met with the retirees today.

Mayor Rippons reported that the presented a proclamation to Mary Woolford at her 100th birthday party which was held yesterday.  

Rescue Fire voted unanimously to reduce the number of oscillations of the fire siren as of this date. This decision is in large part due to the growing public concern and will hopefully promote longer service life of the sirens.

Patrick Hornberger, Chairman of the Choptank River Lighthouse Committee, said they have run across a number of barriers put up by a number of people. Some of the objections are: (1) They do not want the lighthouse to take up space on the parking lot of Long Wharf. (2) There has been talk of loss of parking spaces. (3) Traditional activities (fishing, crabbing) might be prevented. and (4) The continually get suggestions as to where the lighthouse should go.  Suggestions of Sailwinds and Great Marsh are appreciated but he thinks they are missing a point. The Committee is trying to do something good for the City and get the City a $250,000 lighthouse. It is not up for a referendum. It is not up for suggestions as to where it goes.  The only reason why this lighthouse should be built is to add the economic vitality and link to Race and Poplar Streets and the only place they can do that is Long Wharf. The other point that continually comes up is that it should be offshore so they revisited the issue.  Most of the reasons they said they didn't want it offshore are still valid until they had the meeting at the Hyatt with the State of Maryland. At that meeting, they presented the possibility midway through that meeting of a bump-out as opposed to putting it right on the parking lot at Long Wharf. Both Secretary Hoskins of DHCD and Rodney Little of the Maryland Historic Trust stated they felt it was an excellent solution from Rodney Little to the City's desire to improve the marina by using the lighthouse and an excellent solution to the rejection from the Historic Preservation Commission. What Rodney meant at that time was, if we move it off of Long Wharf, we are essentially moving it out of the Historic District of Cambridge. Rodney Little confirmed that anything in the water beyond the current historic border would not be under the authority of the HPC. He further suggested that an amendment to the current marina approval plan from the Corps of Engineers would readily be accepted if the City requested such a change immediately. Privately he was told was some people at the State that they would help grease the skids to get that permit and to achieve that bump-out. With this kind of support from the State and the Committee's willingness, they are saying they will put it offshore with State help and the cooperation of the City. They will build it on a platform to be midway from the edge of the Creek to the beginning of the new marina docks. There would be five to seven concrete piers. The lighthouse can easily be gated off.  Mayor Rippons said because this item was not on the agenda, there may be some people in the community who want to respond before the City reacts. Mr. Hornberger said all they are asking for is the approval of the Council for this concept to go ahead. They have done anything they can for the last nine months. They have appealed the decision of the HPC. The courts are telling him it would three to six months. They are asking the City to give them a chance to start to talk to the City engineers and public works.  Commissioner Weldon said he has been watching this whole thing transpire. The location is very problematic because this summer there will be times when we have two cruise boats docked there. They are too low to dock at Sailwinds. They have used Long Wharf for a number of years now. This is one of the reasons why he supports the notion of putting it on the corner on the parking lot because it is not in anybody's way. By putting it in the water they are adding considerably to the cost. He can't support it at that location without a public hearing.  Mr. Hornberger said if they are to continue with this, they need to have this approval fast and they will find the money and talk to the people to get the money. Commissioner Weldon asked for a proposal that is a little more definitive before they ask for Council's approval. Commissioner Bohlen said there are more ways to look at something. He liked it on the corner of Long Wharf for a lot of reasons. This opens up some new thought processes. Commissioner Bohlen said there are more ways to look at something. He liked it on the corner of Long Wharf for a lot of reasons. This opens up some new thought processes and some of the concerns that Commissioner Weldon brought up. He asked that it be put on the Agenda for the next Council meeting. Mr. Hornberger said the committee is at the point that they are not sure if they want to go any further. This was supposed to be a very reasonable gift but the citizens do not seem to feel that way. Mayor Rippons said the City will schedule a public hearing for the next meeting.

With no further business, Mayor Rippons adjourned this portion of the meeting at 9:40 p.m. I hereby certify that the foregoing is a true and accurate account of the Council meeting Monday, May 24, 2004, insofar as I personally am aware.

Edwin C. Kinnamon, Clerk & Treasurer