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  • City of Cambridge Maryland
  • City of Cambridge Maryland
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  • 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

December 23, 2002
 

The City Council met in regular session on Monday, December 23, 2002, in City 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, Watkins, Weldon, Atkinson and Travers.

Ed Kinnamon led in the Lord's Prayer.  Commissioner Atkinson led in the Pledge of Allegiance.  Commissioner Watkins made a motion to approve the minutes of the December 16, 2002 Council meeting as distributed.  Commissioner Travers seconded the motion.  The motion was passed unanimously.   

COMMITTEE REPORTS

Planning and Zoning Commission-Commissioner Watkins reported that the Commission met on December 17 to hear the case concerning Oakley Beach.  All the reports from the various agencies concerning the project were reviewed.  All the departments have signed off including the City Engineer.  Water and sewer are available to the site.  The developer has asked for conditional and final approval because all the questions have been answered.  The Commission voted 4 to 3 to make a favorable recommendation to approve the conditional and final proposal.

The Commission made final changes to the Comprehensive Rezoning and will be forwarding the final map and text to the City Council when revised.

APPOINTMENTS

Public Hearing on Proposed Disposition of City Property-Rob Collison reported that the hearing is pursuant to Section 2(b) (24) of Article 23A of the Annotated Code of Maryland.  The Commissioners gave a minimum of 20 days advanced notice of the proposed disposition of City property.  The Certification of Publication indicates that the notice of tonight's public hearing was published in the Daily Banner on December 2 and 9, 2002.

The first piece of property to be discussed is a portion of Rambler Road running from the south side of Roslyn Avenue in a southerly direction to the north side of Meteor Avenue.  Jim Michael reported that the Planning Commission would like to review this and have Council discuss it at a later date.  Commissioner Travers made a motion to refer this consideration to Planning and Zoning for their recommendation before voting on it.  Commissioner Watkins seconded the motion.  Rob Collison asked for public comment. 

Ray Crismond currently owns land adjoining the proposed extension of the street which the City is considering abandoning.  He presented drawings to show that he is in the process of developing that land.  Being able to acquire additional depth would provide him the ability to build a larger facility by accommodating the extra parking. He asked Council to consider this when they make their decision.  Mayor Rippons asked Mr. Crismond for a copy of the drawing for Council's review. 

Ben Parks, 311 Nathan Avenue, said most of the people who live in the area are opposed to the City giving up this piece of property.  They think the street needs to be extended from Roslyn to Meteor.  There is a large amount of traffic on Crusader Road with two dangerous intersections.  By opening the street up, it would alleviate the broader part of problem that they have in those two areas.  During the summer it is very difficult to get across the highway.  If the City abandons the property now, they may need to acquire property in 5 to 10 years to build an overpass to get across the highway.

At the end of the meeting, Hubert Brohawn, 605 Roslyn Avenue, said he doesn't think the street should go through there.  It would be a bottled-up mess.  There are a lot of kids and it would be a job to keep them off the street with bicycles and skateboards.   He can't see where it would help the City at all. 

Jim Michael said Planning and Zoning could discuss this item during their meeting on the first Tuesday in February.  The motion to refer the consideration of releasing the portion of Rambler Road to the contemplation and recommendation of the Planning and Zoning Commission passed unanimously.

Rob Collison said the next parcels under consideration are a portion of Green Street running from Hayward Street in a westerly direction to Cambridge Creek; a portion of Trenton Street running from Green Street in a northerly direction to a point at the property of the Dorchester County Commissioners identified on Tax Map No. 301, as Parcel No. 5094 (the park); and a portion of the former railroad bed running in a southerly direction from the south side of Maryland Avenue to Green Street.  This is all at the request by Deep Harbour LLC. 

Sandy McAllister, representing Deep Harbour, introduced Scott Wallace and Ken Usab from the development team.  Mr. McAllister said Exhibit B of the original MOU dealt with the Trenton Street right-of-way, Fletcher Avenue, and Howard Street.  The Master Development Plan that was approved last month was significantly expanded.  It includes a significant parking area, commercial, retail, hotel, restaurant, farmers market, and a re-located Green Street.  Tonight they are before Council for a "housekeeping" matter.  They would like to expand the earlier dedication of the former Green Street and the little bit of Trenton Street down to the end of the property and the area where the new parking lot is.  It wasn't possible to come before Council to clarify how far they needed to go until the Master Development Plan was finalized and approved.  The relocated Green Street will be at the expense of the developer.  The dedicated areas will be privately maintained at no cost to the City.  This expansion was not originally needed but because of the new properties now under contract relative to the hotel and restaurant and farmers market, the area needs to be developed for parking. 

Commissioner Weldon asked about the additional acreage, at least on the railroad property.  Mr. McAllister did not have this number.  Commissioner Weldon said this is a fairly considerable parcel of land and what he considers to be a fairly considerably valuable area.  He feels the City may want to consider what kind of compensation they might want to have as far as an appraisal done on that parcel.  He said the City has granted the developer a lot and he is really glad they have because this is a really exciting development.  The City has received grant money to work on a plan for the market place which is preliminarily scheduled for that area being City-owned property.  He feels the City should have a handle on the value of the property by an independent appraiser.

Mr. McAllister said the developer appreciates the balance that has to be struck.  The only reason the area wasn't included originally was because of the calculation of parking requirements.  Now, through negotiations between the developer and Mr. Powell, in order to finish the creation of the farmers market area (at the expense of the developer), the additional area is needed for additional parking.  The area is not income-generating; it is additional parking for the City.   It's going to make it a nicer project. 

Rob Collison asked if anyone present would like to speak in favor of or in opposition to the proposed disposition of the property.  Gage Thomas asked if this would be incorporated into the original MOU.  Rob Collison said he would envision that they would have a more comprehensive MOU because things have changed.  They would incorporate what was in the original as well as the new.   Mr. McAllister said the time lines will be incorporated in the updated MOU.  Rob Collison clarified that if the City conveyed the certain assets to the developer, the timelines would indicate when the developer must begin construction and see it through.  Gage Thomas said even if the City abandons the property at no cost, it is really an investment by the City of $100,000; which is the price they paid for the railroad bed.  Rob Collison said it is a part of the section that was acquired from the State in 1984.  The City and County paid $100,000 for the railroad bed that runs from Maryland Avenue up to Cedar Street.  It was titled to the City from the Maryland Department of Transportation.  The City's portion was $50,000.  

Rob Collison said in light of the comments, the Council may wish to defer the decision to a later date to come up with information for Commissioner Weldon and to finalize the MOU.  Commissioner Weldon made a motion to close the public hearing.  Commissioner Bohlen seconded the motion.  The motion was passed unanimously.

Mr. McAllister said they estimate well in excess of $100,000 for the additional parking investment alone to be funded by the developer relative to the area in question.  The reason the City bought the property was to protect it and ensure that it was developed in a way that makes sense to the City.   The project is conservatively estimated in excess of $80 million and hundreds of job and millions of dollars have already been invested.  The City's cooperation at this time is appreciated but is part of the Master Development Plan that was discussed months ago.  They feel a need to move forward.   They would appreciate a vote tonight on cleaning up Exhibit B with the absolute understanding that he is under pressure to meet with Rob Collison and complete the MOU to the satisfaction of the City. 

Commissioner Atkinson said he feels it is a little late to "throw this in the ball game" after Council approved the plan already.  Commissioner Atkinson made a motion to approve the abandonment of the pieces of property.   Commissioner Travers seconded the motion.  Commissioner Weldon said he would like to see a draft of the MOU so he can really understand the details of what is taking place.  He understands that they are in a hurry and it is a great project but thinks it would be putting the cart before the horse to approve the abandonment without knowing what is happening next.   Rob Collison said he would be inclined to concur with the recommendation from that standpoint.  Obviously there are other details that have to be put into the MOU.  The abandonment of Green Street is condition upon them constructing a new Green Street.  Mr. McAllister said there are so many issues relative to the MOU that they believe the City is going to want to spend time on it.   He can envision some other issues unrelated to tonight requiring some time and energy before the MOU is completed to the satisfaction of the Council.    Without a revised MOU to the satisfaction of both parties, none of this is going to matter.   If they don't agree to a satisfactory conclusion as to when the developer has to do what he promises to do, all of the approvals will lapse.  Mayor Rippons repeated the motion to approve the disposition of the three outlined elements of City property.  The motion approved 3 to 2 with Commissioner Atkinson, Travers and Watkins for the motion and Commissioner Bohlen and Weldon opposed.

Jim Chaney to Discuss Purchasing and Developing Property on Wright Street-Mayor Rippons announced that Mr. Chaney requested that this item be removed from the agenda at this time.  He will appear at a later date.

Pat Taylor to Give Report on Animal Control Task Force Meeting- Mayor Rippons announced that Ms. Taylor requested that this item be removed from the agenda at this time.  She will give the report at a later date.

UNFINISHED BUSINESS

Tom Keating's Request Regarding Fines Attached to a Foreclosure Sale Property-Ed Kinnamon reported that the records in City Hall indicate there are two liens and two judgments dating back to September 1995.  The first was initially for $150 for weeds.  The second was for failure to make exterior repairs in August of 1999 for $1,000.   The remaining two were for failure to permit entry in October 2001 and February 2002.  The first was for $100 and the second was $1,000.  The total principal of those judgment liens is $2,235.  Since then there has been interest bringing the total up to $2,801.43 as of the end of December.  Rob Collison said legally these items are municipal citations as authorized by the City Code.  The Code states that these are collected the same as taxes.  He believes Mr. Keating purchased the property at foreclosure sale so being the same as taxes, they would be collectable in order to process the deed.  The only thing that makes them somewhat unique is that the two for failure to permit entry would apply specifically to the prior property owner and not really the property itself.  Neither Ed Kinnamon nor Rob Collison could recall any similar cases in the past.  Commissioner Bohlen said in reference to the two for failure to permit entry totaling $1,995 plus interest, the City currently has $30 invested for filing costs for the liens.  In all fairness to the City and Mr. Keating, he thinks they should split the difference. 

Mr. Keating said this takes him by surprise because he thought the fines were $2,550 and now he sees they are $2,801.43.  He asked about the actual out-of-pocket costs by the City.   Mayor Rippons said Mr. Pritchett believes the grass was cut one time.  His understanding is that if there was a refusal to allow entry, an employee of the City was there so you would have time parameters, etc.  An actual out-of-pocket cost expense would be hard to ascertain at this time.  David Pritchett said Ed Kinnamon uncovered more detailed information than was presented last week.  He spoke to Commissioner Atkinson and they came up with actual cost in the property of approximately 20 man-hours and based that on $10 per man working.  So they came up with about $400 of actual costs done on the property including cleaning up, paperwork, certified mailing, etc.  Ed Kinnamon said the day-to-day operations of getting liens have costs involved but that is part of the job. 

Mr. Keating said he is under a difficult situation now because he is paying interest on the unpaid balance until he settles.  He suggested that he make an offer tonight and Council vote on it.  Rob Collison said he wouldn't waive anything that was to the property itself.  At least two of the liens are to individuals who failed to permit entry.  Two were for Code violations against the property itself. Mayor Rippons said if they relieve the Code violations against the property, they are setting precedence.  Mr. Keating said in the interest of speed in helping to get this over, if $1,100 would satisfy to Mr. Collison and to the Council, he would like very much to take possession and get to work on it and will pay the $1,100.    Rob Collison said it should be $1,150 for the citations against the property itself.  Commissioner Weldon made a motion to accept $1,150 from Mr. Keating to satisfy the lien.  Commissioner Travers seconded the motion.  The motion was passed unanimously.  Mr. Keating said he would give Mr. Kinnamon a check tonight so he can process it on Thursday. 

Second Reading and Vote on Amendment to Inoperable Vehicle Ordinance-Rob Collison said the first reading was on December 9, 2002.    It amends Section 4-39a of the City Code.  By the amendment it would prohibit the storage of any inoperable vehicles outside.  It would delete the words "or otherwise shielded or screened from view" and also the sentence "No more than two inoperable vehicles may be shielded or screened from view outside of a fully enclosed building or structure."   It shall be unlawful for any person to keep, except within a fully enclosed building or structure on any property within the City of Cambridge any inoperable motor vehicle, trailer or semi-trailer.  Mayor Rippons said at a meeting this week with officials from other Cities, their contemplation was rather than have the City set up a separate and unique ordinance which may be adverse, they might consider using the International Property Maintenance Code.  This would give the City much more legal precedence.  Mayor Rippons requested that Council defer this until Jim Michael has time to look at this Code section since it has been used by many other cities.  Council agreed to defer the vote.

NEW BUSINESS

Conditional/Final Approval for Oakley Beach Project-Jim Michael referred to two staff reports done in preliminary and conditional/final format.  This is not a subdivision of land, but a multi-family condominium project.  The site plan includes all requirements for the plot plan under Section 17-9 Conditional Approval.  Submittal includes all information required for supporting data under Section 17-9 where applicable.  The proposed application meets Section 28-18g, Multi-Family Requirements, for area and building coverage.  Proposed application meets Section 20-18 for height regulations.   Proposed application meets Section 20-20 for parking regulations.  Comments were received from the Department of Health, Board of Education, Rescue Fire Company, Cambridge Emergency Medical Services, County Soil Conservation District, Conectiv, Chesapeake Utilities, Municipal Utilities, and also there is a public works agreement. 

On a subsequent report regarding the final stage, there was a revised site plan that reflected the revisions by the agencies.  They were reviewed and complied with.  They responded to Bill Watkins' comments relating to emergency services and fire access which resulted in four less parking spaces.  The other revisions modified the grading to bring the required fill to less than 600 cubic yards as required by Cambridge Flood Plain Ordinance and the modification to the sewer main extension to avoid conflicts with the City storm drain improvement plan for Oakley Street.  Minor sidewalk and landscape adjustments have been made to accommodate the above changes.  Bill Watkins received revised plans and stated that all his requests have been met.  They had comments from George Hyde from DPW and also reference to a traffic study and the follow up letter addressing the project's impact on existing traffic in the vicinity. 

Christopher Drummond, an attorney on behalf of the property owner, introduced Rick Beavers from Oakley Beach, LLC, Greg Torchio, the architect, and Bill Stagg of Lane Engineering who is the landscape architect and the site design professional.   Mr. Drummond said they are pleased that the Historic Preservation Commission approved the project as proposed.  The Planning Commission approved the project last week.  They have made it a point when designing the project that it requires no variances and no need to interpret the zoning ordinance favorably to the property owner.  It is completely adherent to the zoning ordinance and subdivision regulations.   He said Council may hear some people say that there have been some procedural difficulties inasmuch as they have somehow followed the subdivision regulation of the City Code.  This is a site plan, not a subdivision.  It is one piece of property; however, the subdivision regulations treat the site plan procedurally as if it were a subdivision.  The property is essentially at the corner of Hambrooks Avenue and Oakley Street.  The property is Lot 7. Through an administrative subdivision for lot line adjustment that goes along with the proposed condominium project, it will slightly increase Lot 7 by taking some land from Lot 6 which will take it up to almost 7300 square feet.  Zoning Code permits lot coverage of 18 percent.  They are just under the 18 percent lot coverage.  The density theoretically could by 72 units.  They are proposing 24 units or one third of the theoretical maximum.   There was a conscious effort to maintain the streetscape along Hambrooks Avenue as it appears today with some additional single family homes.  Some substantial shade trees will not be affected in the least.  He is asking that they consider conditional and final approval this evening so they can move forward. 

Bill Stagg presented one of the plans from the final plan set showing landscaping and fence detailing and lighting detailing.  They are proposed 24 condominium units in four pods.  There will be six units in each building-two per floor with a thee-story building for each of the four pods.  There is a small community pool for the community and also for the single family lots that surround the project.  There is also a proposal for a community pier but they have not applied for permits yet.  A few adjustments were made to the plan to better accommodate fire trucks.  They have 44 parking spaces which they think is more than adequate for the project.  The units are approximately a 54-ft by 54-ft square footprint.  They meet all the setbacks including the extra setbacks for height that is required under the ordinance and the extra setback from Oakley Street which increases the setback by about 30 feet in that particular area. 

Greg Torchio presented a two-dimensional drawing of the elevations of the building.  The buildings are design in a neo-Colonial style with traditional materials.  They will be protected by an automatic fire suppression system.  They will have elevators.  Each unit will have two bedrooms.  The units on the second and third floors will have a third bedroom/study area. 

Ed Williams, 101 Oakley Street, referenced a letter from WECA's lawyer which lists some problems that they believe exist with the process that has gone through up to date.  The last piece is the very approval of the Planning and Zoning Commission last week to combine the conditional and final approvals in one session which they believe is not correct.  In fact, Planning and Zoning's own lawyer advised them not to do it but they did it anyway.  He said the City Code is designed to protect the City to ensure there is property development that takes place in a neighborhood in the City.  There has been a lot of discussion about whether this is a subdivision but there is no question that it is a multi-family development.  He read from Section 17-21 which was not mentioned by Mr. Drummond.  It says the site plan shall ensure maximum compatibility with the surrounding land uses and structures.  The open space will create a green belt around the development providing maximum buffer from more intense uses or traffic and to ease the transition to residential areas of density.  It also discusses building heights.  Mr. Williams said the three-pod building is approximately 4 times in bulk (cubic feet) the size of the Oakley Terrace Apartments which is the largest structure in the surrounding area.  It is about eight times as big as most of the houses in the neighborhood.   The density of the project is approximately twice the density of the other three blocks.  He said it is a nice looking building but it does not belong in the Historic District of single family homes.  It is obtrusive, bulky, and creates lots of traffic problems.    He feels if the City had followed the proper procedures exactly to review the project, it never would have gotten this far. 

Marge Hull, 1301 Hambrooks Blvd., asked if the pods would be separated.  He said three are connected but are staggered.  One stands alone.  Ms. Hull said it is definitely a beautiful piece of property.  It is out of the ordinary for that area to have so much bulk and mass in one particular place.   At the last Planning and Zoning Commission meeting, the Commission actually went against their own legal advice.  She would like the Council to review the letter that their lawyer sent to Rob Collison.   She said her understanding is that in many cases the Comprehensive Plan holds over City law. 

Tony Thomas, 109 West End Avenue, thinks this is an absolutely gorgeous project.    He thinks it is decent housing and thinks Cambridge should go on and get something.    He thinks it is the best change that we can have here. 

Mr. Williams said it is interesting to note that the Comprehensive Zoning regulations in draft form would not have permitted this project to take place in that neighborhood because it is inappropriate. 

Rob Collison said the letter from WECA's attorney should have been sent to the Council.  He thinks Council should give the developer an opportunity to address any of the questions.

Mr. Drummond said with respect  to Mr. Willliams' concern about the "disaster" in the neighborhood, it is Mr. Beavers' expectation to be marketing the condos at or around $300,000 and up.  He already has a list of people who have expressed very serious interest in it once it gets built.  It will not be an economic disaster for Mr. Beavers' or for the City once 24 condo units go on the tax roles. 

Ben Parks said he is on the Planning and Zoning Commission.  At the Council's request, they had a special meeting to address the issues of the people who live in the West End area.  They have listened to them three or four times.  They have been given fair time to address all their concerns.  The letter from their attorney was read into the minutes of the meeting.   He feels it is time to get on with the project.  It's a very good project and that is why they approved it.

Andy Madeira, 6 Oakley Street, agreed it has been going on for a long time.  Every time they met with Planning and Zoning, this is the kind of feeling they have.  They don't want to hear what the opposition says.  The project is pretty but is doesn't belong here.  Oakley Street is an extremely narrow street with a traffic problem.  It is going to be unbearable.  He feels it is one of the key issues.  If the street was real wide, he would be all for it.  It would look fine but the street can't handle it.  That is his biggest concern. 

David Pritchett said the Traffic and Safety Committee throughout the past seven years has look at this extensively including discussions with the fire department.   Each time, they came up that there was absolutely no impact.  Twenty to thirty cars just will not cause a traffic jam.

Marge Hull said they have been given amply opportunity to give their position.  However, she would like them to know that in answer to a question to the Planning and Zoning Board meeting, they were told point blank that they could say what they wanted but it made no difference. They would not change their mind.  It seems to her what they see is deep pockets coming into this community.   The Board told them they were wasting their time talking to them.

Rob Collison asked Jim Michael about other technical issues other than the compatibility issue and the traffic issue.  Jim Michael said all technical issues have been resolved.  A lot of other jurisdictions only have a two step process-preliminary and final.  In Cambridge, the final is really the "I"s dotted and "t"s crossed.  Essentially the conditional phase is the most critical phase in which everything goes out to the agencies and they respond back.  Those responses have been accommodated by the developer. 

Commissioner Atkinson agrees with Mr. Thomas that it is a great project.  This will give us, when completed, taxes of $62,868 a year at the current tax rate.  That is much more than the property is paying now. 

Commissioner Weldon said the man who wanted to develop the property previously had ridiculous plans for a building that was way too big.  At that time, he was on the board of the West End.  One of the comments that came out at that time was "if only they made it three stories and cut the density back from 48 or 52".  Mr. Beavers has presented a project that is within all of the current guidelines and he recognizes that there is a zoning change coming.  They are working within the existing law.  There are also economical benefits. On Water Street there is an existing development that has 24 units in it, and he has yet to have to stop for a car to pull out of it.  He understands their concerns.  Procedurally, he will defer to   Rob Collison.  If Rob tells Council that it would be inappropriate to ask for conditional and final approval in one motion, he will defer to it.  He is ready to make a motion to at least accept the conditional approval recommendation from the Planning and Zoning Board tonight because it is a good project that will have tremendous benefits to the citizens and their property values.  It will raise the value of the community as a whole. We are going to loose a nice piece of open waterfront.  It was for sale for years.  If somebody wanted it open, they should have bought it.

Commissioner Bohlen said both Commissioner Atkinson and Commissioner Weldon brought up very good points.  He has kept close tabs on this project through the Historic Preservation Commission and the Planning and Zoning Commission.  The developer did not require a variance, did not require an abatement of taxes, and did not require anything as far as consideration from the City.  With some very minor changes, it passed all muster of all things that are required.   He doesn't think it is too dense.  A great deal has been done to minimize the impact to the neighborhood.  The old hotel was a three-story building and might still have been standing if it had not caught fire. 

Rob Collison said there was an issue raised at the special meeting of the Planning and Zoning Commission with regard to the printing of the agenda.  He believes that the agenda said it was conditional approval.  At that time, everything was addressed.  He believes the presentation was comprehensive to include everything conditional and final.  He asked Jim Michael if there could be any other information discussed at a final approval hearing.  Jim Michael said basically all the information that was presented at the last meeting, which was identified as conditional/final on the agenda, was presented that would meet all the conditional and final requirements.  He believes the narrow vote margin was simply because of the procedure on that portion of the agenda.  Everything else met the requirements of conditional and final. 

Christopher Drummond said at the meeting a member of the Planning Commission asked if they could get this over with by doing both tonight.  As he recalls, the agenda referred only to conditional approval and Mr. Gunby suggested that the more conservative approach might be to simply grant conditional approval and wait for final for the next meeting given what the agenda said.  Mr. Drummond asked the Planning Commission to consider both at the last meeting inasmuch as the opposition who got up and spoke said that they had said everything that they had to say and had nothing new to propose.   There was not a due process issue.  The case law is pretty clear on that.  The folks had an opportunity to be heard and said they said all they could say.  He spoke to Rob Collison today and they understand there is a minimal risk that if Council proceeds with final tonight, that perhaps the issue could be revisited in another form.   Ben Parks said he was the gentlemen who asked for conditional and final approval.  Mayor Rippons asked Rob Collison for any legal insight.  Rob Collison responded that it is the discretion of the Council.  Commissioner Weldon made a motion to accept the recommendation of the Planning and Zoning Commission for conditional and final approval for Oakley Beach.  Commissioner Atkinson seconded the motion.  Rob Collison said because they are at final approval, rather than to just accept the recommendation, they should also grant conditional and final approval.  Commissioner Weldon said his motion is restated as the attorney suggested to grant conditional and final approval for the Oakley Beach project.  The motion passed unanimously.  

Approve Resolution of Intent to Borrow Up to $1.5 Million for Phases 2 and 3 of the Combined Sewer Separation Project-Ed Kinnamon said this is a procedure when the City is about to borrow funds for any type of capital improvements.  This is a continuation of the various phases of the combined sewer separation.  Phase 1 was completed and included in the large borrowing the City had 1½ years ago.  This request is for a resolution of intent to borrow what they believe to be at least the cost at this time not to exceed $1.5 million for Phases 2 and 3 of the combined sewer separation project.  Rob Collison said this is in regard to the Maryland Water Quality Financing Administration which would allow the City to borrow enough to be reimbursed for any upfront expenses.  It shows the City's intent to borrow up to $1.5 million.  Commissioner Atkinson made a motion to approve the Resolution of Intent.  Commissioner Weldon seconded the motion.  The motion was passed unanimously.

Discuss Change to ASOP 11 (Use of Municipally-Owned Vehicles)-The original policy went into effect in 1995.  It is now being revised.  Commissioner Travers made a motion to approve the revised SOP.  Commissioner Bohlen seconded the motion.  The motion was passed unanimously.

ADDITIONAL ITEMS

David Pritchett said DPW is trying to procure another pick-up truck.  He has been pricing trucks and found one at Preston GMC which is a 2003 and exactly what they are looking for.  The sticker price is just over $19,000 with a $3,000 cash rebate.  The price of $16,000 is $1,000 less than they paid for the last used one.  He has approximately $10,000 in his budget to purchase the truck.  With the City's procurement policy, they are bound to the bidding procedure.  In 2 weeks they will have to pay $4,000 more for the same vehicle and they are in desperate need of it.  If something could be worked out, he would like to take $6,000 out of contingency.  Rob Collison said they would have to abide by the ASOP because it is a capital expenditure.  David Pritchett said his request is for the $6,000 if they find a mechanism to purchase the truck such as piggy-backing off a State contract.  Commissioner Atkinson asked if there is legally a way to get a one-time variance by next week.  Mayor Rippons said the request is for Council to allocate $6,000 from the contingency fund if all other aspects of the bidding procedure are met. Commissioner Weldon made a motion to allocate the $6,000.  Commissioner Watkins seconded the motion.  The motion was passed unanimously.

Commissioner Travers wished everyone a Merry Christmas and a Happy New Year.  Commissioner Atkinson agreed. 

Commissioner Weldon made an informal presentation of a plaque on behalf of the Cambridge Dorchester County Parade Committee to George Ames for his service as grand marshal this year.   The Council congratulated Mr. Ames.

Commissioner Weldon said under the MOU that they have with the Sailwinds Management Board, they are to receive quarterly reports on finances and he doesn't believe they have received any for the second and third quarters of the year.  Mayor Rippons said Mr. Kinnamon has received them.  Commissioner Weldon said part of the arrangement is for Council to receive them.  There was some discussion in September or October about an audit being forthcoming, and he would like to know when they can expect it.  He wished everyone a Merry Christmas.

Commissioner Watkins said the senior citizen's luncheon that was held at Sailwinds Park on Friday was an outstanding affair.  There were 600 seniors enjoying themselves.  He thanked everyone who had anything to do with it. He wished everyone a Merry Christmas and a happy and prosperous New Year.

Commissioner Bohlen wished everyone a happy and safe holiday and a prosperous New Year.  Commissioner Bohlen made a motion to cancel the City Council meeting on December 30, 2002.  Commissioner Weldon seconded the motion.  The motion was passed unanimously.

Mayor Rippons said the Yacht Club will donate storage area for the Christmas lights. 

Mayor Rippons asked Council for permission to allow both in-house and at the same time go out-of-house to advertise for a staff position for a City Planner.  Commissioner Atkinson made a motion to grant this request.  Commissioner Travers seconded the motion.  The motion was passed unanimously. 

Mayor Rippons said there are a couple of issues that Council will need a work session for in January.  He asked Council to forward times and dates to his office and then he will set up the work session.

With no further business, Mayor Rippons adjourned this portion of the meeting at 8:35 p.m.  I hereby certify that the foregoing is a true and accurate account of the Council meeting Monday, December 23, 2002, insofar as I personally am aware.

Edwin C. Kinnamon, Clerk & Treasurer