City Council

160 Duke Of Gloucester City of Annapolis Street Annapolis, MD 21401 Special Minutes - Final City Council Monday, November 18, 2019 7:00 PM Mayor John T. Chambers, Jr. City Council Chambers Call to Order Mayor Buckley called the Special Meeting to order at 7:03 p.m. Invocation Given by Alderman Arnett. Pledge of Allegiance Led by Mayor Moyer. Roll Call Tonight's roll call began with Alderman Paone. Alderman Rodriguez arrived at 9:32 p.m. Present: 8 - Mayor Buckley, Alderwoman Tierney, Alderman Paone, Alderwoman Pindell Charles, Alderwoman Finlayson, Alderman Savidge, Alderman Arnett and Alderman Gay Absent: 1 - Alderman Rodriguez Closed Session Statement: Pursuant to the requirement of the Annotated Code of Maryland, General Provisions Article§ 3 -305 (b), (1) (i) (ii) and (7). This statement is included in these minutes: A closed session of the City Council was held on Wednesday, November 13, 2019 at 10:00 a.m. in the Mayor John T. Chamber, Jr., City Council Chamber, 160 Duke of Gloucester Street, 2nd Floor, Annapolis, Maryland 21401 Members who voted to meet in the Close Session: Mayor Buckley, Alderwoman Tierney arrived at 10:07 a.m., Alderman Paone arrived at 11:00 a.m., Alderwoman Pindell Charles, Alderwoman Finlayson, Alderman Rodriguez left the session at 10:53 a.m., Alderman Gay arrived at 10:44 a.m., Alderman Savidge left the session at 11:59 a.m., and Alderman Arnett. Persons Attending the Closed Session: Chief of Staff Smith, Human Resources Manager Hopkins, Acting City Attorney Berger and City Clerk Watkins-Eldridge. The members present took a roll call vote, and the session closed. The authority under which the session closed was the Annotated Code of Maryland, General Provisions Article§ 3-305(b) (1) (i) (ii) and (7), the purpose of the meeting was to discuss the Appointment of City Manager City of Annapolis Page 1 City Council Special Minutes - Final November 18, 2019 No votes taken in the closed session. Upon motion duly made, seconded and adopted, the closed session adjourned at 12:13 p.m. Approval of Agenda Alderman Savidge moved to approve the agenda as amended to add R-48-19 Eastport and Forest Drive Communities and Governmental Agencies Task Force. Seconded. CARRIED on voice vote. Ceremonial Items Special Recognition for Participation in the Smith Price Posse Presented. City Council Citations to: Annapolis High School Community Ambassadors Presented. Students with Abundant Goals Youth Entrepreneur Fair Presented. Newtowne Cleanup Street Angel Project Presented. Day of the Dead Festival Presented. Cynthia Krewson - Constantio Brumidi Ceremony Presented. Petitions, Reports and Communications A. Update from the Mayor Mayor Gavin Buckley City Council Meeting Council Chambers November 19, 2019 * 7 pm Good evening everyone. Thank you for being with us this evening. After tonight, there is only one remaining City Council meeting in 2019! That is on December 9. To start out tonight, I have some solemn and unfortunate news. A little over a week ago, Annapolis Fire Department Lieutenant Josh Snyder passed away following a hard-fought battle with cancer. Lt. Snyder had been with AFD since 2006. He was initially assigned to Taylor Avenue station as a member of the special operations team. He was reassigned to City of Annapolis Page 2 City Council Special Minutes - Final November 18, 2019 the Eastport station following his promotion to Lieutenant in 2017. He received several accolades, letters of commendation and a unit citation throughout his short career. Snyder was just 34 years old with a wife and two children. Thank you Lieutenant Snyder, for your service to the City and our residents -- may you rest in peace. I would like to now ask for a moment of silence in honor of Josh Snyder. == Thank you. Annapolis Fire Chief Doug Remaley would like me to thank Anne Arundel County Fire and the Naval District Washington and Naval Academy for filling all City fire stations so that Annapolis City Fire Department personnel could attend the funeral and services for Lt. Snyder on Friday and Saturday. We are a community and we thank you for helping our City fire, EMS and department personnel in their hour of need. == Two events happened this past Saturday. The first was an e-sports gaming event at Maryland Hall that was brought to the City by Elite Gaming Live with the help of Adetola Ajayi in my office, the Annapolis Department of Recreation and Parks, and Maryland Hall. The event is video gaming as “sport.” It is a fun way to introduce young people to technology and interest them in STEM fields including game concepts, coding and graphics. Students from Annapolis Middle and Bates Middle faced off against one another at the event. There are photos and coverage of it in the Capital Gazette. Please check it out. Thanks to all the students who came out and the organizers who hosted. == The other event was a book signing at Barnes and Noble with Andrea Chamblee. She is the widow of slain journalist John McNamara, who wrote for the Capital and the Bowie Blade. He covered sports for two-plus decades. He had started writing a book about basketball in the Washington, DC area. Andrea finished it with the help of David Elfin and a forward by Coach Gary Williams, whom we all know as the person who led the Maryland Terrapins to a NCAA Final Four in 2001 and the 2002 NCAA championship. This book is about as local as you can get. It is about regional high school basketball. If you have a sports fan in your life, this book is a great gift idea for the holidays. The book looks at the local figures who have had a significant impact on the sport. From EB Henderson, who was the first African American certified to teach public school physical education, to Earl Lloyd, the first African American to take the court in an NBA game. A single Washington DC high school produced two Basketball Hall of Famers, among the NBA’s 50 greatest players of all time. The players are Elgin Baylor and Dave Bing of Spingarn High School. No other high school can make that claim. The book is first and foremost about basketball, but in discussing the players and coaches and evolution of the game, McNamara uncovers the turmoil in the lives of people in and around the sport – the prejudice, educational inequities, politics and more. Thank you Andrea for your work on behalf of your late husband, in both bringing this book to publication, but also your work on behalf of Moms Demand Action and gun safety. == Weekend before last, Tony Strong Pratt and her husband arranged for a movie theater for about 200 children to go and see the film “Harriet” about Harriet Tubman and the Underground Railroad. Afterwards, the City sponsored an afternoon at Pip Moyer where the children could ask questions and talk about what they had learned in the movie. It is a difficult, but very good and moving film. I think the children appreciated the history lesson in that format. If you have not, take your children to see this movie. It is an important part of our history, especially because much of that story centers around Maryland. == We had an opportunity to ride the trails at Waterworks Park. DPW director David Jarrell, Alderman DaJuan Gay and a few others went over a little before lunch in the middle of the week and spent an hour on City property off Defense Highway. You can get there by riding City of Annapolis Page 3 City Council Special Minutes - Final November 18, 2019 your bicycle in or by parking along Housley Road. I want to thank the volunteers at MORE Trailwerks who cut the trails and will maintain them. It is an amazing amenity for city residents and it did not cost taxpayers a single cent. == Alderwoman Tierney wanted me to give a shout out to the anonymous donor who paid for the Little Library at the Stanton Center. These Little Libraries are small structures that can hold maybe a dozen or two dozen books. People can either take a book or leave a book, or both. The folks at our Recreation and Parks department put up the little library and it is already being used. == The remaining events are our Holiday festivities and dates: • December 1 is the Grand Illumination at Hopkins Plaza next to Market House. The celebration begins at 5:30 pm with dancing and carolers. Santa arrives at 6:30 pm. The Jaycees will serve hot chocolate, candy canes, and have children’s activities. If you would like to bring an unwrapped gift, for there will be a drop-off – or for nonperishable food items for the Angel Tree program to help families in need. • December 5 is the City’s open house here at City Hall. Stop by before midnight madness for cookies and a meet and greet with City staff, council and me. • The other two nights for midnight madness are Dec 12 and 19. Please shop local. As a reminder, our three hours of free-metered parking begins on Black Friday and runs through New Years. You will need to download the park mobile app and use the code PARKDTA. You can also park in the garages with residents park free or Park, Shop and Dine. Check out Annapolisparking.com for details on all the parking options. There has never been freer parking downtown for the holidays. • The annual lights parade is coming on December 14 from six to 8 pm. That is always a fun and is sponsored by the Eastport Yacht club. • Make your plans now for New Years! We will have the family party at Bates Athletic Complex from three to five and then the party at City Dock that will include live music and fireworks from eight to midnight. • Before I close out remarks tonight, I would like to wish all of you on the council and our residents and visitors in the City a very happy and safe Thanksgiving. I know people see us arguing about policy up here, but we come to this work because we want what is best for our constituents and our community. That desire comes from a place of love. Love is what makes us want to do better for our families and our children. Love is also, what makes for wonderful holiday celebrations with family and friends. I wish you all a very warm, loving, and happy Thanksgiving! B. Reports by Committee Standing Committee Dates: 11/20/19 Environmental Matters Committee 3:00 PM - 4:30 PM 12/2/19 Public Safety Committee 6:00 PM - 7:30 PM 12/4/19 Finance Committee 10:30 AM - 12:30 PM C. Comments by the General Public Speakers: Robert Eades, 32 Pleasant Street, Annapolis, Maryland 21401. Anna Barber, 107 River Creek Drive, Annapolis, Maryland 21401. City of Annapolis Page 4 City Council Special Minutes - Final November 18, 2019 Carolyn Mitchell, 33 Pinkney Street, Annapolis, Maryland 21401. Carol Yarrow,126 Prince George Street, Annapolis, Maryland 21401. Bernie Schultz, 825 Bay Ridge Avenue, Annapolis, Maryland 21403. Megan Moore, 86 Charles Street, Annapolis, Maryland 21401. Chris Cole, 55 East Street, Annapolis, Maryland 21401. William Small, 702 Severn Avenue, Annapolis, Maryland 21403. Mary Bannon, 182 Prince George Street, Annapolis, Maryland 21403. Marty Etzell, 26 Randall Street, Annapolis, Maryland 21401 Susan Margolis, 113 Conduit Street, Annapolis, Maryland 21401. Carter Minor, 45 Calvert Street, Annapolis, Maryland 21403. Jon Starr, 14 Southgate Avenue, Annapolis, Maryland 21403. John Ingle, 104 Charles Street, Annapolis, Maryland 21401. Marlis McDevit, 202 Prince George Street, Annapolis, Maryland 21401. Ryan Webb, 54 Cornhill Street, Annapolis, Maryland 21401. Bill Dyott, 221 King George Street, Annapolis, Maryland 21401. Mary Ann Treger, 3 Revell Street, Annapolis, Maryland 21401. Gene Merkin, , (No#) Shipwright Street, Annapolis, Maryland 21403. Jackie Sveetek, 26 South Street, Annapolis, Maryland 21403. Nancy Lewis, 125 Conduit Street, Annapolis, Maryland 21401. Larry Clausen, 160 Prince George Street, Annapolis, Maryland 21401. Deb Franissee, 160 & 185 Green Street, Annapolis, Maryland 21401. Quentin Comings, 5 Enclave Court, Annapolis, Maryland 21403. Monique Lighthart, 1040 Boucher Avenue, Annapolis, Maryland 21403. Herald Mangold, 55 East Street, Annapolis, Maryland 21401. Patricia McNally, 163 Prince George Street, Annapolis, Maryland 21401. Tom Rekis, 163 Prince George Street, Annapolis, Maryland 21401. Karen Theimer Brown, 2 Ridge Road, Annapolis, Maryland 21401 representing the Historic Preservation Commission. Mark Tanney, 1394 Broad Neck Court, Annapolis, Maryland 21409. Peter Miller, 22 Green Street, Annapolis, Maryland 21401. John Butler, 407 Third Street, Annapolis, Maryland 21403. Chris Buchheister, 5 Wagner Street, Annapolis, Maryland 21401. Mayor Buckley declared comments from the general public closed. Alderman Rodriguez arrived at 9:32 p.m. Consent Calendar Approval of the Consent Calendar A motion was made by Alderman Arnett to approve the Consent Calendar. The motion carried:unanimously City of Annapolis Page 5 City Council Special Minutes - Final November 18, 2019 Aye: 8 - Mayor Buckley, Alderwoman Tierney, Alderman Paone, Alderwoman Pindell Charles, Alderwoman Finlayson, Alderman Savidge, Alderman Arnett and Alderman Gay Absent: 1 - Alderman Rodriguez Approval of Journal of Proceedings CCM101419 Regular Meeting Minutes A motion was made by Alderman Arnett to approve the Consent Calendar. The motion carried:unanimously Aye: 8 - Mayor Buckley, Alderwoman Tierney, Alderman Paone, Alderwoman Pindell Charles, Alderwoman Finlayson, Alderman Savidge, Alderman Arnett and Alderman Gay Absent: 1 - Alderman Rodriguez CCM102819 Special Meeting Minutes A motion was made by Alderman Arnett to approve the Consent Calendar. The motion carried:unanimously Aye: 8 - Mayor Buckley, Alderwoman Tierney, Alderman Paone, Alderwoman Pindell Charles, Alderwoman Finlayson, Alderman Savidge, Alderman Arnett and Alderman Gay Absent: 1 - Alderman Rodriguez CCM111319 Special Meeting Minutes A motion was made by Alderman Arnett to approve the Consent Calendar. The motion carried:unanimously Aye: 8 - Mayor Buckley, Alderwoman Tierney, Alderman Paone, Alderwoman Pindell Charles, Alderwoman Finlayson, Alderman Savidge, Alderman Arnett and Alderman Gay Absent: 1 - Alderman Rodriguez Supplemental Appropriations SA-14-20 APD Revenue: State Operating Grant Revenue - State Aid for Police Protection (SAPP) ($237,898.00) Expenditure: State Aid for Police Protection (SAPP) - Salaries ($237,898.00) A motion was made by Alderman Arnett to approve the Consent Calendar. The motion carried:unanimously Aye: 8 - Mayor Buckley, Alderwoman Tierney, Alderman Paone, Alderwoman Pindell Charles, Alderwoman Finlayson, Alderman Savidge, Alderman Arnett and Alderman Gay Absent: 1 - Alderman Rodriguez SA-15-20 APD Revenue: Federal Operating Grant Revenue - Byrne Justice ($2,205.00) Expenditure: Salaries and Benefits ($517.00); Supplies ($1,688.00) City of Annapolis Page 6 City Council Special Minutes - Final November 18, 2019 A motion was made by Alderman Arnett to approve the Consent Calendar. The motion carried:unanimously Aye: 8 - Mayor Buckley, Alderwoman Tierney, Alderman Paone, Alderwoman Pindell Charles, Alderwoman Finlayson, Alderman Savidge, Alderman Arnett and Alderman Gay Absent: 1 - Alderman Rodriguez SA-16-20 OEMD Revenue: State Operating Grant Revenue - FY18 SHSP ($5,700.00) Expenditure: Contract Services - FY18 SHSP ($5,700.00) A motion was made by Alderman Arnett to approve the Consent Calendar. The motion carried:unanimously Aye: 8 - Mayor Buckley, Alderwoman Tierney, Alderman Paone, Alderwoman Pindell Charles, Alderwoman Finlayson, Alderman Savidge, Alderman Arnett and Alderman Gay Absent: 1 - Alderman Rodriguez SA-17-20 OEMD Revenue: State Operating Revenue - FY19 SHSP ($106,228.00) Expenditure: Capital Outlay ($106,228.00) A motion was made by Alderman Arnett to approve the Consent Calendar. The motion carried:unanimously Aye: 8 - Mayor Buckley, Alderwoman Tierney, Alderman Paone, Alderwoman Pindell Charles, Alderwoman Finlayson, Alderman Savidge, Alderman Arnett and Alderman Gay Absent: 1 - Alderman Rodriguez End of Consent Calendar Business and Miscellaneous ID-659-19 2020 City Council Meeting Dates Alderman Savidge moved to approve the 2020 City Council Meeting Dates. Seconded. CARRIED on voice vote. Public Hearings O-28-19 Tattoo Parlor- For the purpose of including the use Tattoo Parlor to the Tables of Permitted Uses for certain zoning districts. Sponsors: Tierney No one from the general public spoke in favor of or in opposition to the ordinance. Mayor Buckley declared the public hearing on O-28-19 closed. O-34-19 Planning and Zoning - Appeal Procedures - For the purpose of clarifying the City of Annapolis Page 7 City Council Special Minutes - Final November 18, 2019 procedures governing an appeal of a decision of the Planning and Zoning Director; making stylistic changes; and generally related to appeal procedures. Sponsors: Arnett Speaker: Jim Conlon, 413 Chesapeake Avenue, Annapolis, Maryland 21403. No one else from the general public spoke in favor of or in opposition to the ordinance. Mayor Buckley accepted into the record a Memorandum to the Annapolis City Council from the Planning Commission dated November 14, 2019, and Memoranda from Acting Director Nash, to the Planning Commission dated October 28, 2019. Mayor Buckley declared the public hearing on O-34-19 closed. O-35-19 Waterfront Maritime Conservation District - Uses - For the purpose of allowing the uses Seafood Industrial and Food Service Marts in the Waterfront Maritime Conservation District. Sponsors: Tierney and Arnett Speaker: Leo Wilson, 109 Chesapeake Avenue, Annapolis, Maryland 21403. No one else from the general public spoke in favor of or in opposition to the ordinance. Mayor Buckley accepted into the record a Memorandum to the Annapolis City Council from the Planning Commission dated November 14, 2019, and Memoranda from Acting Director Nash, to the Planning Commission dated October 28, 2019 Mayor Buckley declared the public hearing on O-35-19 closed. O-37-19 City Council Meetings - Order and Decorum - For the purpose of modifying the City Council Rules of Procedure to prohibit certain items in Council Chambers without prior approval; identifying certain unacceptable behavior in Council Chambers that would warrant removal of an individual; and generally related to maintaining order and decorum at City Council meetings. Sponsors: Paone Alderman Rodriguez moved to consider continuing the public hearing beyond 10:30 p.m. City of Annapolis Page 8 City Council Special Minutes - Final November 18, 2019 Seconded. CARRIED on voice vote. No one from the general public spoke in favor of or in opposition to the ordinance. Mayor Buckley declared the public hearing on O-37-19 closed. Legislative Actions First Readers R-47-19 Slavery - 1619 - The Beginning of America’s Unforgettable Sin - For the purpose of recognizing the beginning of an excruciatingly horrendous period in the history of America and in the history of the City of Annapolis that began exactly 400 years ago in 1619; recognizing the unbelievable pain that continues; and pledging to chart a path moving forward. Sponsors: Pindell Charles, Tierney, Buckley, Rodriguez, Gay, Savidge, Finlayson and Arnett Alderwoman Pindell Charles moved to adopt on first reader. Seconded. CARRIED on voice vote. Alderman Paone moved to suspend the rules to allow passage of resolution at the meeting of its introduction. Seconded. CARRIED on voice vote. Alderwoman Pindell Charles moved to adopt R-47-19 on second reader. Seconded. A roll call vote was taken. The motion CARRIED by the following vote: Aye: 9 - Mayor Buckley, Alderwoman Tierney, Alderman Paone, Alderwoman Pindell Charles, Alderwoman Finlayson, Alderman Rodriguez, Alderman Savidge, Alderman Arnett and Alderman Gay Alderman Paone requested to have his name added as a co-sponsor of R-47-19. Second Readers O-19-19 Adequate Public Facilities - Auto transportation facilities - For the purpose of clarifying the circumstances that would require a traffic impact analysis for a proposed project; clarifying the standards to be used to determine adequacy; and generally relating to the adequacy of auto transportation facilities. Sponsors: Arnett, Savidge and Gay Alderman Arnett moved to postpone O-19-19 until March 9, 2020. Seconded. CARRIED on voice vote. O-20-19 Dwellings above the ground floor of nonresidential uses in the B1, Convenience Shopping District, and B2, Community Shopping District - For the purpose of creating standards for dwellings permitted above nonresidential uses in certain commercial districts; and matters generally relating to regulation of such dwellings. Sponsors: Arnett City of Annapolis Page 9 City Council Special Minutes - Final November 18, 2019 Postpone 2nd Meeting in January 2020. Arnett .S .Carried. Alderman Arnett moved to postpone O-20-19 until January 27, 2020. Seconded. CARRIED on voice vote. O-26-19 Rental Unit and Short-Term Residential Rental Licenses - For the purpose of mitigating significant dislocation of neighborly residential blocks; supporting the City’s experience, visitor and tourist-based local economy by leveraging the sharing economy; ensuring applicable tax collection and remittances; encouraging fair competition; updating and amending the regulation of residential rental properties generally; creating operating license requirements governing the short-term rental of residential dwellings and dwelling units above nonresidential uses; defining certain terms; allowing a delayed effective date for current licensees; and matters generally relating thereto. Sponsors: Arnett and Finlayson Alderman Arnett moved to adopt O-26-19 on second reader. Seconded. Alderman Arnett moved to amend O-26-19 as follows: Amendment #29. Seconded. Alderwoman Finlayson moved to call the question to end the debate on Amendment #29 to O-26-19. Seconded. DEFEATED on voice vote. Alderman Arnett moved to amend O-26-19 as follows: Amendment # 29. Seconded. A roll call vote was taken. The motion CARRIED by the following vote: Aye: 5 - Mayor Buckley, Alderman Paone, Alderwoman Finlayson, Alderman Rodriguez and Alderman Arnett Nay: 3 - Alderwoman Pindell Charles, Alderman Savidge and Alderman Gay Out of Room: 1 - Alderwoman Tierney Alderman Arnett moved to adopt as amended O-26-19 on second reader. Seconded. CARRIED on voice vote. Alderman Arnett moved pursuant to City Code Section 2.16.180 to hold O-26-19 adopted as amended on second reader until Monday, December 9, 2019, to allow for a second public hearing. Seconded. CARRIED on voice vote. R-30-19 Rental Unit and Short Term Residential Rental Licenses - Fees - For the purpose of updating the fees schedule concerning rental unit and short term residential rental licenses. Sponsors: Arnett and Finlayson Alderman Arnett moved to postpone second reader action on R-30-19 until Monday, December 9, 2019. Seconded. CARRIED on voice vote. R-31-19 Rental Unit and Short Term Residential Rental Licenses - Fines - For the purpose of updating the fines schedule concerning rental unit and short term residential rental licenses. City of Annapolis Page 10 City Council Special Minutes - Final November 18, 2019 Sponsors: Arnett and Finlayson Alderman Arnett moved to postpone second reader action on R-31-19 until Monday, December 9, 2019. Seconded. CARRIED on voice vote. R-46-19 Compensation of Acting Department Director Nash - For the purpose of expressly consenting to compensate an acting director when a directorship remains vacant for six-months; and setting an effective date. Sponsors: Buckley Alderman Arnett moved to adopt R-46-19 on second reader. Seconded. Alderwoman Finlayson moved to amend R-46-19 as follows: Amendment #1 Buckley. Seconded. CARRIED on voice vote. Alderman Arnett moved to adopt R-46-19 as amended on second reader. Seconded. A roll call vote was taken. The motion CARRIED by the following vote: Aye: 9 - Mayor Buckley, Alderwoman Tierney, Alderman Paone, Alderwoman Pindell Charles, Alderwoman Finlayson, Alderman Rodriguez, Alderman Savidge, Alderman Arnett and Alderman Gay R-48-19 Eastport and Forest Drive Communities and Governmental Agencies Task Force - For the purpose of adding an “at large” position to the membership of the temporary advisory Eastport and Forest Drive Communities and Governmental Agencies Task Force. Sponsors: Pindell Charles Mayor Buckley postpone R-48-19 indefinitely. SA-13-20 DPW - Capital Projects Capital Reserve Fund Revenue: Capital Reserve Fund Transfer ($753,000.00) Watershed Restoration Fund Transfer ($198,000.00) Expenditure: Truxtun Park Pool ($951,000.00); General Fund Revenue: Capital Reserve Fund ($753,000.00) Expenditure: Capital Reserve Fund Transfer ($753,000.00) Watershed Restoration Fund Revenue: Watershed Restoration Fund ($198,000.00) Expenditure: Watershed Restoration Fund Transfer ($198,000.00) Public Works Director Jarrell was present and answered questions from council. Alderman Arnett moved to approve SA-13-19. Seconded. CARRIED on voice vote. Adjournment Upon motion duly made, seconded and adopted, the meeting was adjourned at 12:17 a.m. Regina C. Watkins-Eldridge, MMC City Clerk City of Annapolis Page 11