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City Council Minutes

November 8, 1999
 

November 8, 1999

The City Council met in regular session at 7:00 p.m. with Mayor David J. Wooten presiding. Those Commissioners in attendance were: Commissioners Vickers, Watkins, Saunders and Rice.  Mr. Kinnamon led in the Lord's Prayer.

Commissioner Watkins moved to approve the minutes of the November 1st Council meeting; seconded by Commissioner Vickers. Motion carried unanimously.

PLANNING & ZONING COMMITTEE REPORT

City - Roby Hurley / Critical Area Program Language Amendment: Commissioner Watkins advised that Mr. Roby Hurley, Critical Area Circuit Rider, has requested a change in the wording requiring two public hearings for an amendment to the Critical Area. Mr. Hurley made the recommendation to the Planning Commission that only one public hearing should be required and that the Planning Commission make a recommendation to Council and then the public hearing would be held before Council.

Commissioner Watkins moved to accept the Planning Commission's recommendation and refer this to the City attorney to make out the details; seconded by Commissioner Rice. Motion carried unanimously.

Andy Botticello / Oakley Beach Townhomes: Commissioner Watkins advised that Mr. Botticello was seeking conditional approval of the revised plan for this project. When the final vote came before the Planning Commission, the vote was tied 2 to 2. Commissioner Watkins moved to accept the report from the Planning Commission, "and that we work on it and see what we can come up with and what we might want to do." Motion was seconded by Commissioner Rice for discussion. It was explained to Commissioner Saunders by Commissioner Watkins that his motion is only to accept the report as submitted from the Planning Commission... 'my motion was not that we accept conditional approval.." Commissioner Vickers added that was his understanding also... "we're not making approval or disapproval."

Mr. Collison advised that details of some of the issues would need to be worked out in a Public Works Agreement that would eventually have to come before Council for approval..."but at this time you're not making any type of approval at all. You're receiving into your record the minutes and report of the Planning and Zoning Commission's meeting."

Commissioner Saunders mentioned "one of the sticky points is the Historic District Guidelines." Mr. Collison advised that matter is up for appeal and will be heard on November 16th before the Board of Zoning Appeals in Council Chambers at 7:00 p.m. Motion then carried unanimously.

ANDY RUSSO (A & S DEVELOPMENT) - POTENTIAL HOUSING PROJECT

Mr. Russo came to the podium and stated that he passed out a synopsis of the affordable housing development that they would like to propose. Basically, they apply for tax exempt bonds through the Maryland Department of Housing and Community Development and when they get the tax exempt bonds, they also get low interest. The project would be financed through low income housing tax credits. The rents would be based on an individual's income and he also stated that they also have a program where So of the tenant's rent (as long as they've been there for a year) will go towards the down payment of a home "because we want to encourage home ownership." The project would also be open to Section 8 housing.

Commissioner Saunders asked what the rents would be and Mr. Russo advised that the maximum (according to HUD limits that are allowed to be charged for this project) would be $573/mo. for a 2 bedroom and $645/mo. for a 3 bedroom apartment.

Mr. Russo stated that they have done similar developments in Florida and Alabama and have already spoken to a local contractor and received some preliminary pricing. The proposed location is an 11 acre parcel on Hudson Street by the intersection of Leonard bane (although the land has not been secured as yet).

In response to a question from Commissioner Rice, Mr. Russo advised that according to HUD figures, in Dorchester County, if an individual makes $20,100. or less, they would be able to qualify. Two people could earn $22,920. or less. For a three person household (consisting of a single parent and two children or mother, father and child), they can earn $25,800. or less. The lease is for one year and income would be verified before a lease is renewed. Commissioner Rice then said, "as has happened in many good projects" that were supposed to help residents of Dorchester County, they wind up helping everybody else except... He then asked if there are any restrictions whereby a certain percentage of this can be allocated to residents of Dorchester County? Mr. Russo said he would need to speak with people on the State level to see if this could be done. Commissioner Rice mentioned that he has a problem "with increasing our population by people from other counties, who at that time were doing nothing, and we didn't help our own people..."

Commissioner Vickers wanted to know if the proposed approximately 150 units would all be built at once. Mr. Russo said they would all be constructed at once but there may be less than that, depending on the market study.

Commissioner Saunders said she was concerned over the fact that Mr. Russo is not definitive enough about what type of housing is being proposed... Section 8 or affordable housing. Mr. Russo advised what they are hoping is that people who are towards the top of public housing as far as income goes "would want to step up to affordable housing." He added that "we don't want to have people paying more than 30% of their income towards housing." (Utilities are included regardless of income.)

Mayor Wooten stated, "as a community we need to put an increased amount of emphasis on home ownership." Mr. Russo advised that the proposed development is all rentals, but a program they have run with success at their other developments is the home ownership incentive whereby 5% of the rent that is paid is put towards a down payment in the form of -a gift when the tenant decides to go out and buy a home.

Commissioner Saunders asked Mr. Russo (A & S Development, Inc.) and Mr. Rick Englert (Project Teamwork, Inc.) to supply her with background information on their track record as well as information on the companies and organizations they represent. Commissioner Watkins stated that "we would all want to see it so we can make a judgment."

Mayor Wooten asked if there were any other questions and Commissioner Saunders stated, "no, but I want to tell you that your presentation is too sketchy for me. You need to give me something that I can see in writing, something that I can put a handle on."

Mr. Russo thanked Council for allowing him the time to give his presentation and advised he should have the requested information to Council by the end of this week or the beginning of next week.

REPORT FROM MILLENNIUM COMMISSION

Mr. Armond Hayward came forward stating a few of the Commission members were present this evening to get some direction from Council, "where to go from here."

The Commission has looked at having the Millennium celebration at Great Marsh, Sailwinds and closing the downtown off. The decision was made last week that they would like to close the downtown and possibly coordinate it with the Dorchester Showcase. Before he goes to their Board, he wanted Council's feelings on this suggestion. The Commission has decided on September 30th for the Millennium and they were thinking of closing from the Post Office all the way down to Cemetery Avenue, if possible. They are planning to have bands, classic cars, Rescue Fire Company and also plan to approach ARC to see if the different restaurants and cafes would be open that day. They additionally hope to do something with the "Nathan of Dorchester" and the "Cambridge Lady". Shirley McWilliams indicated they would not infringe on the Dorchester Showcase in any way.

Mayor Wooten thanked Armond Hayward and the committee for all they have done and "it's going to be a tremendous occasion."

Commissioner Vickers feels it is great that they came up with September for a date because everybody will be doing their celebration from New Year's Eve on, "so by that time maybe we'll be ready for another celebration."

VETERANS DAY CELEBRATION

Mr. William Jackson came to the podium on behalf of Corporal Herman Hughes Post #87 of the American Legion and stated that he can't think of a group that deserves to be honored "more than our veterans." He was present tonight to invite the Mayor, Council, the general public and the media to the first annual Veterans Day celebration with a buffet and refreshments. it will be held on Veterans Day, Thursday, November 11th at 6:00 p.m. at the Elks Lodge at 618 Pine Street.

They have sent out flyers to all the American Legions, the V.F.W.'s and veterans' facilities and organizations on the Eastern Shore.

Mr. Jackson then asked for permission to having parking on both sides of Pine Street during their affair. Commissioner Saunders made a motion to direct the Chief to allow parking on that block of Pine Street on November 11th from 6:00 p.m. to 10:00 p.m. Motion was seconded by Commissioner Watkins and it carried unanimously.

DISCUSS GUIDELINES FOR SIGNAGE ON RACE & POPLAR STREETS

Mr. Tony Thomas, President of ARC, came forward and mentioned a week ago Thursday they had a meeting on Main Street Maryland program and thanked Ed Kinnamon and Kathy Foster for attending. The most important thing that came out of the meeting was signage. He indicated that some immediate attention to this issue is needed in the downtown area "because it's getting busier all the time."

ARC is recommending that a fact finding committee be formed which would include a representative from the Department of Public Works, Chamber of Commerce, ARC, West End Citizens

Association, business owners and the Historic Preservation Commission.

Commissioner Saunders made a motion that, under the auspices and direction of the Mayor and Council, that Mr. Tony Thomas work with Council suggesting people to be appointing on this fact finding committee that would take 60 days to gather the information. Motion was seconded by Commissioner Vickers and it carried unanimously.

Mr. Thomas requested any information the City could provide with reference to City ordinance signs "or anything we can start to work with." Commissioner Saunders suggested that he contact Mr. Kinnamon "and give ups the names of the people that you are recommending to be on your committee from the community." She also felt that a member of the Police Department should be on the committee. Once the Council votes on the members of the committee Mr. Thomas could move on from there.

DECISION ON SPECIAL USE PERMIT FOR ON-PREMISES SALE OF BEER AND WINE AT 315 SUNBURST HIGHWAY

Mr. Collison advised that the decision had been deferred to allow the applicant, Mr. Bramble, to address the letter that had been received after the public hearing with regards to the church located within 500 feet of his restaurant. Since Mr. Bramble did not come forward to rebut this, a decision will be rendered at the next regularly scheduled Council meeting on November 22nd.

DISCUSSION ON WATER RATES FOR THE HYATT GOLF COURSE

Mr. Sandy McAllister came to the podium representing the Chesapeake Resort, L.L.C. related to the Hyatt project. He stated that in Executive Session on Monday, October 18, 1999 there was discussion on the various issues related to the providing of water to the Hyatt site. Mr. McAllister reiterated information as previously stated at the Council meeting of Monday, November 1, 1999.

Gary Newcomb, Director of M.U.C., came forward and stated that from the M.U.C.'s standpoint ("as you know, the M.U.C. is nothing more than the governing body of the water company owned by the City of Cambridge"), they have basically followed the codes that are established by the City Council. The code states that a developer is responsible for the utilities that are requested by the development. He then stated, "it is our opinion, that in order for the system to work properly it does need to be looped from Woods Road back around and connect to the water line that is on Route 16 at the side entrance of Wal-Mart. The development, as shown, is calling for a 12" main loop line and that is the size pipe that we feel is required for a development so we do feel as though by following the City code, that they should be responsible for that cost. However, as Mr. McAllister has stated, this line will be available for future expansion east of the City limits and also there is a possibility that we could get some easements from the Hyatt project down near Tates Bank Road."

Mr. Newcomb went on to give some history on the Route 16 line by stating, "when Wal-Mart was constructed, they required an additional 8" line for their sprinkler systems. They paid the cost to extend the 8" line from Chesapeake and 16 to their side entrance. The M.U.C.'s mater plan for the development of the water system called for a 12" pipe. Now at that time, the M.U.C. did pay the difference between what Wal-Mart needed for their development and what we considered the City needed for the long term expansion of our system." In response to a question from Commissioner Saunders, Mr. Newcomb advised that Wal-Mart paid the larger amount.

The other real issue as indicated by Mr. Newcomb is, "is the sewer charge going to be waived on water that is for irrigational purposes only?" He went on to say that there are some small, private irrigation systems in the City and they are presently being charged a sewer charge. They are seasonal systems that are turned on in April and turned off in September. At the existing rates, the cost of water for 4 to 6 million gallons a month for irrigation to the golf course would be about $32,000/per year and if a sewer charge was applied at the present 210*, the sewer charge amount would be roughly $65, 500.

Mr. Newcomb stated that when the M.U.C. got involved in this it was basically in response to the idea of the well on site for irrigation purposes. M.U.C. feels the City's system is more than adequate to supply the needs of Hyatt development and that a well on that particular location would have very limited benefit to the City. They were under the assumption that if a sewer charge was waived on the irrigation, that a water surcharge should be considered to be added. Using the figure of $32,000 for water, "if we got a 50% surcharge on the water (or roughly $16,000 a year), we feel as though that could be put aside into a capital improvement fund which in turn we could utilize for a well when we need it, at the location that we would need it, but this was based on the assumption that the City Council was going to waive the sewer charge." Commissioner Saunders asked if sewer charges were waived for any other businesses and Mr. Newcomb responded "no" and added that this is the first golf course in the City limits.

Commissioner Saunders indicated that she has heard from several businesses and what bothers her is that there are about 5 businesses that "don't exactly use the irrigation process" and the City is not looking at giving them any break "with the same type of situation." She feels that if the sewer charge is waived for the Hyatt, "we need to do it for those 5 existing businesses also."

Mr. Collison said there are several choices that the Council could make and he referred to his October 18th memo.

1) Do you want to waive the sewer fee? If Council wishes to do that, then, what would take its place? A suggestion was made for a 50% capital improvement fee.

2) What type of accounts do you wish to have this applied to? At one point there was discussion about "irrigation accounts" for public use only. Another would be "irrigation accounts" for anybody, whether it's private citizens, businesses, whatever.

3) Anyone who not using sewer services.

Mr. Collison stated that if the latter is decided, it should probably need to be stated, "provided M.U.C. can confirm that they are not using sewer services." He then asked Gary Newcomb if it's possible, once water is going into a facility, to determine if they are using sewer services. Mr. Newcomb said it would be extremely difficult to monitor unless it was a completely separate service for that purpose. As an example he stated, Christ Church has one service that is used strictly for irrigation. A meter is put in during April or May and it is normally taken out in September or the first of October. Another use would be through a separate meter which stays in year round and he feels this service would be pretty easy to monitor.

Commissioner Saunders feels that the City attorney could draw up two separate documents addressing the Hyatt issue in one and the other five businesses in the other and then they could be voted on separately.

Mr. McAllister requested Council to act on the Hyatt request and in future weeks "when people apply for the same or similar accommodation debated in the context of those applications", they be addressed as they come up.

Mayor Wooten asked if any additional information is needed in regards to the request of the Hyatt on this issue... "have we gotten enough information that we can make an intelligent decision this evening?" He then suggested that a vote on this issue be made tonight and deal with the other issues next week or the week after "as these people have had a chance to make their proposals." Commissioner Watkins stated that "we need to make sure that the others are taken care of-,,

Reverend Nathaniel pierce stood up and said, "as one of the five businesses mentioned, I'd like to suggest that the issue from my perspective is easily defined. One .is that it is a separate meter and secondly, that we can prove that none of the water ever ends up in the sewer system. Irk our case, it's for irrigating the graveyard... in his case, it's for irrigating a golf course. But I can assure you that none of the people in our graveyard have toilets. "

Commissioner Rice made a motion that the City adopt a procedure and policy whereby the sewer fee be given up providing the applicant will install a separate meter, submit to occasional checks proving that none of that water that is purchased on that meter goes into the sewer system and that each and everyone will pay the 50~ surcharge on that water effective whenever it's effective. He added a caveat that the 50a be reviewed at least every 5 years because it may turn out to be way too much or way too little. Motion was seconded by Commissioner Saunders who asked Commissioner Rice to modify his motion to make this effective January 1, 2000. Commissioner Rice said he didn't have a problem with that. Motion carried unanimously.

Commissioner Saunders then made a motion to follow Mr. Gary Newcomb's proposal that the higher cost of the pipe installation extension is the Hyatt's responsibility with them paying 2/3rds and M.U.C. paying 1/3rd and that the City can also receive the easements to cross the property so we can extend out to the airport based on the easements being granted "before we sign this agreement." Motion was seconded by Commissioner Vickers and it carried unanimously.

Mr. McAllister said he has no authority to make this commitment on behalf of his clients. Commissioner Saunders and Watkins stated "we made that offer." Commissioner Rice advised Mr. McAllister that one issue was resolved and "the other one, you're going to have to go back and find out whether they will accept our offer."

Mr. McAllister said that on behalf of his clients, he wanted to thank the Council for their assistance. "The shock is that it's just a proposal I have never discussed with my clients... it takes me a while to collect my wits."

MAYOR TO SIGN RESOLUTION AUTHORIZING SUBMITTAL OF APPLICATION FOR COMMUNITY DEVELOPMENT BLOCK GRANT FOR SIDEWALK STUDY

Commissioner Rice moved to authorize the Mayor to sign the Resolution; seconded by Commissioner Saunders. Motion carried unanimously. .

REQUEST BY CAMBRIDGE PROPERTY MANAGEMENT FOR ADDITIONAL LIGHTING ON SKINNERS COURT AND CARLTON COURT

Commissioner Watkins moved to refer this matter to the Street Lighting Committee; seconded by Commissioner Saunders. Motion carried unanimously.

DISCUSS CONCERNS ADDRESSED AT OCTOBER 6TH EMPLOYEE WORK SESSION

Commissioner Saunders said she has been asked to bring these discussions to the Mayor and Council to be considered for the next regularly scheduled agenda for some type of action, if any is called for.

One employee wanted the City to consider employees receiving medical bills at their residence. This is a problem because they are not getting paid in a timely manner. Mr. Wheeler and Mrs. Adams have informed them that this is now being taken care of with the new medical insurance company.

A request was also received to develop a committee with a representative from each department to develop ideas for community events, community awareness and educate needs for the community to promote the City. Commissioner Saunders said Council had previously approved her to coordinate with the department heads a city-wide day building on what Commissioner Rice had started for "Cambridge Day" and this has already been started and is being worked on.

Another discussion was for service awards and Commissioner Saunders advised that Council had already approved to do employee service awards for employees with 5, 10, 15, 20, 25 and 30 years of service with the City. A committee was formed today at the department head meeting to get a packet together with names, years of service along with some types of awards such as dinner certificates, savings bonds, phone cards, etc. It was suggested not to give service pins. The committee will be submitting information at the January department head meeting.

She then stated, "we've cleared up the back door and the use of the lunchroom at City Hall, so that's taken care of."

The ladies at City Hall had a question about the bathroom renovations for the ADA and Mr. Pritchett advised that they would have a restroom that they could use because right now they share one.

They asked to have the time clock moved to the hallway and Mr. Pritchett's office has taken care of that.

The last thing is something that Council needs to address or not address. It was discussed again today in the department head meeting about a proposed 4-day work week excluding holidays. it was suggested working a 4-day work week that would still equal 37.5 hours. They felt productivity would go up because there would be working time with no interruptions, i.e. phone, customers, etc. Some suggestions given were:

--only open office 4 days a week but employees work 5 days leaving one day with no interruptions

--open office later than normal. Example, instead of opening at 8:00 a.m., staff report at 8:00 a.m. but office not open until 9:00 a.m. or 10:00 a.m. to the general public while staff gets caught up on their work

--close office 1/2 day on Wednesday but staff works until 4:30 p.m. allowing work time with no interruptions

--hire a receptionist

The only issue that Commissioner Saunders was requesting Council to make a decision on is the fluctuation of the work week. This request was from Mr. Kinnamon's office for times of the year when they weren't very busy.

APPROVE BUDGETED EXPENDITURES OVER $250

Commissioner Saunders advised that before Commissioner Swafford went out of town on Friday, he had Mr. Wheeler and herself go through the expenditure requests. Commissioner Swafford told her to explain that he saw no problems and he recommended that a motion be made to approve the expenditures over $250. as they were presented. Motion was seconded by Commissioner Watkins and it carried unanimously.

COMMITTEE APPOINTMENT

Mayor Wooten stated that Council had previously given authorization for Donald Sydnor to be on the Board of Housing Review. His term is up and the Mayor asked if Council could reappoint Mr. Sydnor to that position. Commissioner Rice moved to grant the Mayor's request and added "if you can get people of that caliber to volunteer throughout the City, we would be a whole lot better off." Motion was seconded by Commissioner Watkins and it carried unanimously.

COMMENTS FROM FIRST WARD

Commissioner Vickers threw out some suggestions to think about "and then I'll bring it up again at the next regular agenda."

Regarding the South Dorchester sewer service, he said he has given it a lot of thought and "we're just starting to break the threshold of this thing." In the few years that he has served on Council there have been five or six people who have come before Council to seek permission to hook into the City's sewer system. Commissioner Vickers said he knows there are problems in the area but it's just a matter of finding the solution for fixing it and "once we got this thing started, we suddenly had 300 people that wanted to hook up on to it." The question that now comes to his mind is "what about Taylors island... what about Hoopers Island... what about Wingate... what about Crapo...what about Toddville. Maybe we should, not us, but maybe these people should be looking at the whole picture as a whole in making one massive presentation as to what is needed down there."

COMMENTS FROM THIRD WARD

With regards to some expired terms on the Human Relations Committee from her Ward, Commissioner Saunders stated that since David Floyd works out of town and doesn't get in town as much as he would like, she has not asked him to be reappointed. She had previously appointed, at the request of William Jackson, a Ms. Rhonda Cornish, "so I only need to reappoint Joseph Saunders for another year and that would fill my three spots."

Ward 1 has two that need to be added, Ward 2 has two. There was then a second by Commissioner Watkins to Commissioner Saunders nomination and the motion carried unanimously.

Commissioner Saunders then stated the Mr. Odie wheeler had given Council a Hazard Evaluation Survey and she then asked Mr. Kinnamon if any action was required on this. Mr. Kinnamon said that the survey was basically information as to what was found. Commissioner Saunders then indicated to Mr. Kinnamon "these small things that were found will be taken care of by Mr. Wheeler and you'll do the paperwork."

In response to a request from Commissioner Saunders for Mr. Wheeler to research if the Cambridge Housing Authority had to participate within the City of Cambridge's health insurance plan and utilize their personnel policies, Commissioner Saunders read Mr. Wheeler's November 4th memo aloud. According to his research through HUD, they indicated there are no regulations, requirements, etc. that stipulate that the Cambridge Housing Authority has to be part of the City's health insurance plan, utilize the City's personnel policies, etc. The only required obligation that the City has to the Housing Authority is that the Mayor must appoint the Board of Directors, in accordance with State law.

Commissioner Saunders said based on this information "and based on the problems that we had trying to get them hooked up with the new insurance and based on that we don't know how we're liable with us sharing personnel policies, from my understanding, they don't use it anyway... I'd like to make a motion at this time that the Housing Authority go on their own health insurance plan and that we withdraw the use of our personnel policy procedures because we have no authority out there at all." Motion was seconded by Commissioner Rice for discussion purposes.

Mr. Collison asked how long they have been taking advantage of the City's insurance plan and the response was unsure. He then stated that "provided that there are no written commitments from the City to them for a period of time, I think you could withdraw it provided that you give them sufficient time to obtain their own." Commissioner Saunders added to her motion "provided there are no written commitments." She then stated that, according to Mr. Wheeler, Mr. McWilliams has already acknowledged the fact that she was going to make this motion and has been researching possible coverage for them.

Commissioner Watkins asked whether or not they get a cheaper rate by utilizing the City's health insurance policy. Commissioner Saunders indicated that "Mr. Wheeler said it doesn't have any affect at all." Commissioner Saunders then said that employees do not pay it anyway. She added, "my understanding is that the budget that they have out there pays 1003 for the employees." Motion then carried 3 to 1 with Commissioner Rice opposing.

On another note, Commissioner Saunders announced a meeting that has been scheduled for Friday, November 12th from 10:30 a.m. to 12:30 p.m. with representatives from City committees and citizen groups to brainstorm on a possible "Community Betterment Program" to find ways to make Cambridge a better place to live. Plans will be submitted to the Mayor and Council, and if enough interest is expressed and workable solutions are presented, these plans would be submitted to the Maryland Department of Housing and Community Development to seek a planning grant.

She stated that Salisbury had a similar program in 1991 and they worked in the community to target certain things to do that their Mayor and Council approved.

COMMENTS FROM THE MAYOR

Mayor Wooten made an announcement that the seminar that was scheduled for November 18th is going to be postponed. A tremendous amount of work has gone into setting this up but some of the key speakers have had scheduling conflicts. He is hoping to reschedule it for the Spring of 2000 and asked Dave Ryan from the Daily Banner "to give me some publicity on this... it is sort of late in the game but I felt there is no sense in doing this and not being able to do it right ...the City Hall staff will be sending faxes to everyone (cities and counties) that we have invited in order to alert them as soon as possible." The Mayor then added that "we are going to have it... we're going to have it in its totality but it will have to be put together sometime probably in the Spring in order to accommodate some of these schedules."

COMMENTS FROM THE FIFTH WARD

Commissioner Rice said, "I saw history made tonight. That's enough for me."

COMMENTS FROM CLERK-TREASURER

Mr. Kinnamon presented a building permit application for Rolston Enterprises, LLC at 321 High Street. The permit fee is $1,745.00 for the Nathan House Restaurant and the cost of improvements is $150,000.00. Being that the improvements are over $100,000.00, a motion is needed from Council.

Commissioner Saunders moved to approve the application; seconded by Commissioner Watkins. Motion carried unanimously.

COMMENTS FROM DIRECTOR OF PUBLIC WORKS

Mr. Pritchett advised that his department had just about completed their preparation for snow removal for the year. Equipment has been installed, salt is stocked, etc.

He then stated that he found out about 4:20 p.m. today "that we have got to repair our alarm system." The cost is in the vicinity of $950. and Commissioner Saunders stated that since this is an emergency and he has the money in his budget, she made a motion that Mr. Pritchett be allowed to go ahead without going through the formal process and write everything up later. Motion was seconded by Commissioner Vickers and it carried unanimously.

Mr. Pritchett thanked the Police Department because "every time we've had a problem, we've called out to tell them that it maybe would not be activated or working properly, and they have gone out, very regularly in fact, have kept me up many of the nights to let me know they are there regularly and I appreciate that."

COMMENTS FROM THE AUDIENCE

Ms. Kathy Dean asked who takes care of trash on Race Street because the pedestrian mall "looks like the trash truck exploded in there."

Commissioner Saunders said she would take it up with the Department of Public Works, "but I can tell you this... it is awfully hard with the limited staff they have trying to pick up all around town and keep up with people that vandalize and kick out garbage." Mr. Pritchett said he will definitely take care of it.

MORE COMMENTS...

Mr. Andy Botticello, Oakley Beach Townhomes, came to the podium to speak about revisions made to preliminary plans and to answer any questions the Council may have.

He stated that the last time he came before Council, there were a couple of specific points that were raised. The preliminary plan was approved, subject to a potential traffic issue at the front of the project and also with regard to the height of the building. They have now eliminate the entrance on Hambrooks Boulevard which was the subject of potential traffic issues "so we don't have a sight distance problem anymore."

The second issue (height of the buildings) has now been changed to four story buildings. Two buildings are four story, one is three story and the two by the water are two story buildings. He is now requesting that Council allow them to proceed forward so they can present a final plan for approval.

Mr. Collison stated that there may be some confusion on the process with regard to these types of developments. The Council tonight just received into the record the minutes of the Planning and Zoning Commission. Technically, the City Council doesn't grant conditional approval ...that's done at the Planning and Zoning stage which was earlier this week or last week. Mr. Botticello would need go back to DPW to finalize everything with a Public Works Agreement and any other issues that the Planning Commission may have raised. Once that is completed, it will come back to Council for their formal adoption.

Mr. Gage Thomas came forward and stated that Mr. Botticello had previously appeared before Council for a conditional approval and there were some issue to be resolved. Mr. Thomas understood Mr. Collison to say that the City Council is not involved in conditional approval at all. Mr. Collison stated that the City Code does not require that the Council grant conditional approvals. The Council approves the preliminary concept... the developer then works with the Planning and Zoning Commission and the Department of Public Works... they present the conditional plans for conditional approval to the Planning and Zoning Commission and then following that meeting, they then finalize everything with the Department of Public Works and any other agencies regarding certain issues that are raised and they come up with a final development plan, Public Works Agreement and all the final documents. They are then presented to the Planning and Zoning Commission and they're voted on. If they're approved they are then presented to the Council. If they are not approved, they go back to Planning and Zoning and the developer again.

Commissioner Saunders asked the City attorney, "if he meets everything as far as zoning and all this stuff, why are we going through all of this?" Mr. Collison advised there are two processes here. One is, if it was just a single parcel and he wanted to just construct a house or an apartment building and it met all the zoning requirements, he would not even be here. But because it's several parcels to be combined into one, under the Code it needs to go through the sub-division process and that process has preliminary, conditional and final approvals. In addition to that, the Historic Commission is contending that he still needs to come before them and they still need to review it from a historical standpoint and that's the point that is in contention.

With no further business, the meeting adjourned at 9:20 p.m.

I hereby certify that the foregoing is a true and accurate account of the Council meeting of Monday, November 8, 1999 insofar as I personally am aware.

Edwin C. Kinnamon, Clerk-Treasurer