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The City
Council met in regular session on July 2, 2001, 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 June
18, 2001 Council meeting as distributed.
Commissioner Travers seconded the motion. The motion was passed unanimously.
Dave Wooten of Mallard
Bay Care Center to Request Use of Great Marsh Park on Saturday, August 18th
from 10:00 a.m. to 5:00 p.m.—Mallard
Bay is requesting permission to hold a picnic for their employees and their
families. Commissioner Watkins made a
motion to grant this request.
Commissioner Bohlen seconded it.
The motion was passed unanimously.
David Thompson to Request
Use of Cornish Park on July 7th and 8th for a Basketball
Tournament—The Tournament will begin
at 7:00 a.m. Commissioner
Atkinson made a motion to approve the request.
Commissioner Travers seconded it.
The motion was passed unanimously.
Duane Parker to Discuss Potential Development of the
Property Know As “Cambridge Creek Property”—Mr.
Parker was not present.
Representative from ARC
to Request Permission to Discharge Firearms During 4th of July Boat
Parade—ARC is requesting to
discharge two Civil War cannons to salute the Nathan of Dorchester. One will be at Sailwinds Park; the other
will be at Long Wharf. Commissioner
Atkinson made a motion to grant the request.
Commissioner Weldon seconded it.
The motion was passed unanimously.
Commissioner Weldon said
that in addition to what Gage Thomas suggested, Mr. Steve DelSordo suggested
money for planning to bring a comprehensive view of the downtown corridor and
how it can work with the creek corridor.
Commissioner Weldon envisions a circular route that includes downtown
Race Street, Poplar Street, High Street, across the creek bridge, down Trenton
Street and along the waterfront and taking Cedar Street as an entry corridor
into the City from Route 50 to complete the loop.
Portia Johnson Ennels (700
Cornish Drive) asked the Council about the application review process. She would like to know how much of the
information from the former CDBG grant is going to be used for the Community
Legacy grant. Jim Michael responded
that Community Legacy is broad-based and doesn’t negate what has been submitted
in the past. At this point, he is not
sure which projects will be prioritized to be submitted for this round. Ms. Johnson Ennels wanted to know if the
information gathered for the Main Street application would be used for this
grant and if the entire City is a priority area. Mayor Rippons responded that every municipality in the State of
Maryland meets the priority funding criteria. Every consideration in the City
of Cambridge can be considered in the application. The City will accommodate any group that wishes to have a meeting
on this application and the City will accept their input. Mayor Rippons is looking at an Economic
Development/Tourism Specialist to address some of the issues about downtown but
to tie into the entire package with box industries. The City is looking to make Sailwinds a facility that has more
accessibility to the entire community.
Additional monies may be requested for additional improvements to Governor’s
Hall.
Commissioner Weldon would
like to build a stall market for Cambridge.
This would be a business incubator and an economic development
opportunity to redevelop property that is presently an eyesore on the east side
of the Creek. It could be done very
economically and would be a tremendous attraction.
Commissioner Bohlen said if
the Pine Street Committee wants to submit a proposal related to the Empowerment
Center, this would be something to look at under the education category.
In answer to a question from
Portia Johnson Ennels, Mayor Rippons explained that the City does not
technically have to supply funding for the projects. However, if there is local funding, it would show DHCD that the
community supports the project.
Jim Michael received a
proposal from the Harriet Tubman Organization.
It does not have a dollar amount; it details certain areas with regard
to their property on Race Street including renovation, equipment, an elevator,
personnel, and development of tourist sites.
Mayor Rippons asked for numerical figures and supporting documentation
from any group suggesting proposals.
At a later time in the
meeting, Commissioner Atkinson discussed his concern about the age of the water
and sewer pipes underground. He would
like to tie the Community Legacy Program into what the City is putting in
financially for these systems. Some
pipes are over 100 years old with holes in them. Approximately 18 percent of the water we pump cannot be
billed because it runs out these holes.
Request from
The Family Tabernacle of Faith (900 Pine Street) to Hold Church Bazaar on July 7th and 8th
and Close Robbins St. Between Pine & Central Between 10:00 am and 5:00 pm
on July 7th only. Amplified
music from 10:00 am to 8:00 pm on both days—Commissioner Watkins made a
motion to grant the request and to grant the associated variance from the noise
ordinance. Commissioner Weldon seconded
it. The motion was passed unanimously.
David Pritchett reported
that there have been several security issues at the Yacht Basin. Nine boats were broken into 2 weeks
ago. Four individuals have been
identified and charged in this incident.
The area with repeat incidences is the main wall on the outside. This is in close proximity to the area where
everyone fishes. The Department of
Public Works has obtained chain-line fence for free and they would like to put
it up on the outside wall. This would
be locked; however, the boat owners would have the combination to the
lock. Commissioner Atkinson made a
motion to allow this request.
Commissioner Travers seconded it.
Commissioner Weldon would like to see the gate locked only during the
night. The motion was passed
unanimously.
The Council received a
letter from a downtown business saying that the Historic Preservation
Commission is holding up another project.
The project in question is Mr. Thomas’ outdoor bar at Canvasback. Commissioner Weldon reported that the
project was stopped because Mr. Thomas never filed for a building permit and
Historic Preservation could not review it without a building permit application
being submitted. Jim Michael reported
that since then, Mr. Thomas has submitted a building permit application and
there is a special HPC meeting on July 3rd to review it.
Commissioner Atkinson made a
motion to meet in executive session immediately following the meeting for a
legal issue. Commissioner Travers
seconded it. The motion was passed
unanimously.
Rob Collison reported that
it was advertised in the newspaper that tonight was the first of two public
comments sessions for the costs assessments for improvements to Mill, Vue de
Leau, and William Streets. The addresses
of the property, the linear footage that would be affected and whether it was
curb cost (50% City – 50% Homeowner) or sidewalk cost which is totally the
property owner’s expense were listed in the paper. After the public comments, if the Council deems that such action
is still warranted, they would impose the assessments on those properties.
Jack Rosemere (609 William
Street) owns one of the properties proposed to be assessed for curbing. He asked about the criteria used to
designate certain sections of curbing or sidewalks to be replaced. He can’t tell the difference between some
sections that have been sited and those that have not. David Pritchett reported that he and George
Hyde did the assessment. Some areas were worse than others. They did their best to identify sections
that were damaged—not due to construction, which is being handled in a
different way. Mr. Rosemere said the
section of curb that they are talking about along the side of his property was
right next to where they trenched for the gas lines. There are new cracks along the curbing that wasn’t there
before. They could not have dug along
his curb and not damaged it. He has
pictures showing the backhoe that trenched for the gas lines with its leveling
leg down on the concrete about every 4 or 5 feet along when it was
trenching. The sidewalks are old but
the leveling leg has compressed the sidewalks and what was previously hairline
cracks are now big cracks. The
sidewalks did not deteriorate like this until the digging started. He feels it is unfair of the City to expect
a homeowner to bear the brunt of damage that was done during construction. Mayor Rippons asked David Pritchett to
contact the gas company and discuss this with them. He met with Mr. Rosemere and as far as the areas that were
assessed; there is some lineal footage that will be adjusted because they are
construction related.
Mr. Rosemere would like to
know what ordinance set forth that the property owners are responsible for the
50% of the curbing. Rob Collison said
it is in the City Charter. Nel Rosemere
said on February 22, 1999 the Council accepted the Section 303.3b stating it is
the duty and obligation of the City to maintain the property of the City, which
includes repair and maintenance of the curbs, gutters, and City streets. This was to clarify the Code. Rob Collison stated that this was in regard
to land abutting the sidewalks and the maintenance of the sidewalks. The Charter would pre-empt the
ordinances. Section 3-29 states that
the Commissioners by ordinance shall provide for the maintaining, paving, and
curbing. Subsection B states that up to
one half of the cost may be assessed to the abutting property owners.
Commissioner Weldon
questioned whether the ordinance Ms. Rosemere was referring to contained
language limiting the ordinance to the Maryland Avenue corridor where the
particular circumstance was in 1999.
Rob Collision said it does not.
Commissioner Weldon feels the ordinance supersedes the section of the
Charter because the Charter says, “may assess”, not shall. Rob Collison will review this further. Because of the age of the area (100 yrs.)
Commissioner Weldon discussed the fact if some areas are replaced this year,
others will have to be replaced next year.
He doesn’t have a problem sharing the expense. Basically there are 2 blocks affected. Why not replace all of it now with the expense being shared
equally for the homeowner’s percentage of the work. It will enhance the value of the homes. The sidewalks will still be the responsibility of the
homeowners. This will set the precedent
for the rest of the community as we go through the next 5 phases of the
project. The gas company is
responsible for the areas they destroyed.
Rob Collison said if this
will be the course to be followed, DPW will then have to look at the costs and
run the advertising again. David
Pritchett said this would delay the project and the paving of the entire area
approximately 4 months. When the
project was started, there was no replacement of curbing and gutter. The funds were not available. It was not part of the engineering
study.
Kathy Ridgley (122 Mill St.)
feels that poor planning on someone’s part should not become an emergency on
the homeowners’ part. Not everyone gets
the Daily Banner. She feels they should
have been notified in a different way such as by mail. Everyone in the neighborhood wants it to
look nice. She feels like it should all
be taken care of now. At the May 21st
meeting it was stated that there wasn’t enough time to go to bid on the
work. She doesn’t do business that
way. She wants the best job for the
best price so they don’t have to carry the load for someone’s poor planning. David Pritchett said this was not in the
scope at all. Council asked DPW to look
into the possibility of doing the curb and sidewalk while the other work was
being done. They were looking at
repaving what had been damaged by construction that was much more than they had
expected. Where they thought they could
trench, they ended up tearing up a whole street. Council agreed to simultaneously pave William Street and Vue de
Leau at the same time they are doing Mill and Water Streets. As far as the bid process and doing an
addendum to that, the City is into the project for 50% also. That is why they are very comfortable to do
an addendum to the contract with Davis Concrete because they know it is as good
a price as they are going to get. They
have about 5 different contractors they use for curbing and gutter and a
standard fee they set as the average.
Davis Concrete’s price quote was less than the average. It was well within the ballpark and on the
lower-end scale of what it would cost in comparison to other contractor’s
prices.
Commissioner Weldon
mentioned earlier discussions on other cities’ policies of paying for the curb
and gutter pan outright. This is a lot
less cumbersome than deciding what section belongs to the homeowner. Rob Collison said it is a policy decision as
to whether they wish to continue the policy as to the percentage
divisions. The Council can consider
that if it were something at the City’s request, the City construction, etc.
what costs would be borne as opposed to the ASOP.
Ms. Ridgley had a discussion
with Commissioner Weldon about totally replacing all the sidewalks. They were under the impression that this was
a City project and they would not be affected as homeowners at all. Now they are being notified that they have
to replace their curb. The homeowners
did not have notice of the fees until Friday when she personally took the
newspaper to them.
Portia Johnson Ennels feels
if the City has a project and the curb and gutter are damaged, it is the City’s
responsibility to repair them. After a
few years, the City has it down to “the sidewalks belong to the homeowner, the
curb and gutter are the City’s, or either the company who is doing the work and
did the damage”.
David Pritchett said this
was a sewer project; that’s all it was.
The only obligation was to re-pave the surface where they had to dig up the
street. Because of the costs, the last
thing on anyone’s mind was revitalization of four more streets. The Contractor will fix for free what they
tore up. If the City is going to fix
areas that do not look good, they picked out the worst spots. Commissioner Weldon suggested that maybe
they can get some Community Legacy money for revitalization. Mayor Rippons said that Community Legacy
money must benefit the entire community.
David Pritchett said they
could let the contractor fix what was damaged. If the City comes up with money (grants) and wants to
comprehensively replace the curb and sidewalks, it can be done with very
minimal increased cost due to the paving damage. Delaying the paving would be a nightmare. The flooding cannot be stopped until we
finish what we have started.
Jack Helegson (7 Willis St.)
said the City has done a great job.
There is 100+ years worth of damage.
It may be dusty but we are not polluting the Choptank River any more.
With no further business,
Mayor Rippons adjourned this portion of the meeting at 8:50 p.m.
I
hereby certify that the foregoing is a true and accurate account of the Council
meeting Monday, July 2, 2001, insofar as I personally am aware.
Edwin
C. Kinnamon
Clerk
& Treasurer
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