• 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

June 16, 2014
The City Council met in a special regular session on Monday, June 16, 2014 in Council Chambers. A quorum being present, Mayor Victoria Jackson-Stanley called the meeting to order at 6:00 p.m. Those Commissioners in attendance were Commissioners Vickers, Sydnor, Cooke, Thomas, and Hanson. Mayor Victoria Jackson-Stanley asked for a moment of silence. Commissioner Hanson led in the Pledge of Allegiance. A motion by Commissioner Thomas to adopt the agenda as presented was seconded and passed unanimously. A motion by Commissioner Thomas to approve the minutes of the June 2, 2014 Council meeting was seconded and passed unanimously.

Appointments

Melinda Wood, Cambridge Multi Sport, to request permission to conduct Cambridge's 3rd annual Firecracker Kids' Triathlon on Friday, July 4, 2014 (approx. 8 a.m.) beginning and ending at the YMCA and a variance from the noise ordinance (7:30 a.m. to 11:30 a.m.)-A motion by Commissioner Vickers to approve the requests was seconded and approved unanimously.

Representative from Choptank District Activities Committee, to request permission to use Court Lane on Sunday, October 5th for their annual Cubmobile Race; use of 6 City trash cans and 20 traffic cones for the event; and a variance from the noise ordinance (11:00 a.m. until 5:00 p.m.)-A motion by Commissioner Sydnor to approve the requests was seconded and approved unanimously.

Bob Phillips, Rescue Fire Company, to request a variance from the noise ordinance (1:00 p.m. until 6:00 p.m.); trash removal; patrols by the Police Department; and permission to use the City-owned parking lot adjacent to the Sailwinds Park parking lot to park the buses (close parking lot as of Friday, August 8th beginning at 4:00 p.m.) for the Seafood Feastival on Saturday, August 9th- A motion by Commissioner Sydnor to approve the requests was seconded and approved unanimously.

Fred Pomeroy, Dorchester Citizens for Planned Growth, to request support and funding for storm water educational station-Mr. Pomeroy asked Council to join DCPG, Dorchester County, and some other groups in sponsoring a demonstration watershed improvement project. They are focusing on the Visitors Center at Sailwinds. The small building will have a green roof which is designed so the run-off from the other part of the roof goes into a rain garden with native plants. It has a cleansing effect on waters. Dorchester County has appropriated $5,000 in start-up funds. A motion by Commissioner Cooke to find the $5,000 in the FY2014 budget and encumber it into FY2015 was seconded failed 2:3 with Commissioners Vickers Thomas, and Hanson opposed. A motion by Commissioner Thomas to support this initiative in the amount of $5,000 with the funding source to be determined was seconded and approved unanimously.

Unfinished Business

None

New Business

Introduction and first reading of ordinance to adopt and approve the budget for FY2015 which appropriates the necessary funds for the operation of the government and administration of the City (Ordinance 1037)-Rob Collison read the ordinance. Public comment, a second reading, and a vote will be held during the meeting on June 23, 2014.

Introduction and first reading of ordinance to expand the suspension of City impact fees to cover all impact fee collection, not just impact fees on new construction (Ordinance 1038)- Rob Collison read the ordinance. Public comment, a second reading, and a vote will be held during the meeting on June 23, 2014.

Approve Purchase Orders:

PO 2014-105 - General Dynamics OTS Simunition Operations - CPD employee training - $1,190.00-A motion by Commissioner Sydnor to approve Purchase Order 2014-105 was seconded and approved unanimously.

PO 2014-106 - David A. Bramble, Inc. - cold patch for pot holes - $2,500.00-A motion by Commissioner Hanson to approve Purchase Order 2014-106 was seconded and approved unanimously.

PO 2014-108 - John W. Tieder, Inc. - second phase of LED conversions at Public Safety Building - $9,600.00-A motion by Commissioner Thomas to approve Purchase Order 2014-108 was seconded and approved unanimously.

PO 2014-109 - Atlantic Machinery, Inc. - maintenance kit and sweeper brooms for street sweeper - $1,554.71-A motion by Commissioner Hanson to approve Purchase Order 2014-109 was seconded and approved unanimously.

PO 2014-110 - Retallack & Sons, Inc. - emergency repairs to storm drain on Cedar Street - $50,000.00-A motion by Commissioner Sydnor to approve Purchase Order 2014-110 was seconded and approved unanimously.

PO 2014-111 - MailFinance, Inc. - Postage Meter (DPW) - $1,000.00-A motion by Commissioner Thomas to approve Purchase Order 2014-111 was seconded and approved unanimously.

PO 2014-112 - BFPE International - Fire extinguishers and fire suppression inspection at Marina (DPW) - $2,000.00-A motion by Commissioner Sydnor to approve Purchase Order 2014-112 was seconded and approved unanimously.

Skeet Shooting at the Hyatt-Abby Messick, representing the Hyatt and River Marsh Golf Club to request permission for skeet shooting on Hole #17 on the golf course on Monday, June 23rd (12 noon until 5:00 p.m.)-A motion by Commissioner Sydnor to approve the discharge of firearms on June 23rd at the River Marsh Golf Club subject to public notification was seconded and approved unanimously.

Public Hearing

Rezoning of 2 parcels at 802 Woods Road, identified as Parcels 5692, Lot 1 (1.07 acres) and Lot 2 (0.87 acres) of Tax Map 305, Grid 0017, W/S Woods Road, Cambridge, MD. Current zoning is I 1, Light Industrial. Proposed zoning is HC, Highway Commercial (This property was formerly Spicer's Restaurant).

Rob Collison and Anne Roane reported that the Planning and Zoning Commission recommended supporting the change from I-1 to HC per the Annotated Code of Maryland due to a mapping mistake in 2003, subject to the following conditions: (1) That the owners of the property formally agree and acknowledge the following: (a) that they are the co-applicants for this re-zoning request; and (b) consistent with the current enforcement practices of the City, all signs associated with any permitted use of the property under the applicable zoning district classification, shall fully conform to the zoning ordinance without exception. (2) that the owners, as co-applicants, sign the application and also enter into an agreement wherein they agree to abide by the conditions set forth above. Said agreement shall be attached to and made a part of the application for the re-zoning request, and incorporated therein by reference. Restaurants are not permitted in I-1.

Michael Dodd, attorney representing the owners (Stella and Iordanis Kulukurgiotis), said they have been business owners in the community for 25 years. They also own Pizza Palace. On March 26, 2013, the Board of Zoning Appeals ruled against his clients as it pertains to the current sign and said they had to take it down. They did not send Findings of Fact and Appellate Rights to his clients for eight months. The City had an obligation (within 60 days) to file a record with the court so they could proceed with their memorandum of argument in the case. As of today, they have not filed that record. His clients have been denied their rights to appeal the Board of Appeals decision. It tells a story that somebody in the community has a target on this sign. It is his and his clients' opinion that by any means possible, the sign will come down. That is not proper. Tonight they are asking to rezone the property and try to separate the sign issue from the mistake issue. The owners have a tenant with a lease that is fully executed. The tenants have restored the inside and outside of the building, yet they still cannot open because of the mistake. He has a problem with the Planning Commission's recommendation that the rezoning be conditioned on certain conditions. The issue of the sign has been appealed. The appeal has not moved forward because the City has not done anything to move it forward. He and his clients believe it is in effort to delay the process until the City passes the new zoning which will then make the new sign non-conforming. Rob Collison said it is his understanding that Mr. Dodd has been working with Dan Brandewie to come up with an agreed statement of facts. Mr. Dodd said they have had talks since the status conference two weeks ago. At that time they were double the time for filing the record. Businesses lose money because they cannot open and clients go elsewhere. Rob Collison asked if there had been a prior request made for a restaurant to open (since 2008). Mr. Dodd said there had not been any prior requests and that ran parallel to the economy. Commissioner Hanson said the sign is a separate issue; the zoning is a separate issue. Mr. Dodd said the Planning and Zoning Commission's motion to rezoning the property conditionally has been invalid and illegal in the state since 1959 when the Court of Appeals said ‘conditional zoning is invalid on its face; conditional rezoning flies in the face of uniform application of use regulations' (Baylis vs. City of Baltimore 219 Md. 164). In other words, putting conditions on a rezoning is illegal. Rob Collison said if you read the conditions, the intent may have been there for removal of the sign. One thing they were concerned about was that there is nothing showing the owners as the applicants or the lessees. Anne Roane said the lessee came in and filed the application that was signed by the owners of the property. Rob Collison said by approving the zoning, the Council will not be granting any type of variance from the applicable regulations on the approved zoning. If Council approves the HC zoning, they would have to comply with all terms and regulations in the HC. If that sign is higher than the HC district permits, that is an issue that would have to be dealt with. By approving the rezoning, the Council is not granting them a variance in the height of the sign if it does not comply with the height requirement of the HC. Mayor Stanley said that is already being dealt with in circuit court. Rob Collison said circuit court will discuss the removal (not the height). Planning and Zoning was taking issue with the sign not having been removed within a period of time after the business closed.

A motion by Commissioner Hanson to accept the staff report to change the zoning from I-1 to HC due to a mapping mistake in 2003 was seconded approved unanimously. Rob Collison will have the formal findings of fact resolution for Council next week.

Public Comments

None

Mayor's and Commissioners' Comments

Uniform Development Code-Commissioner Cooke announced that the Planning and Zoning Commission would like to hold a work session with Council to review the Uniform Development Code. The meeting will be held on Monday, July 21st at 6:00 pm. The work session will be open to the public.

A motion by Commissioner Sydnor to adjourn the meeting was seconded and approved unanimously.

With no further business, Mayor Victoria Jackson-Stanley adjourned the meeting at 8:01 p.m. I hereby certify that the foregoing is a true and accurate account of the special regular session Council meeting Monday, June 16, 2014, insofar as I personally am aware.



Edwin C. Kinnamon
Clerk & Treasurer