City Council

160 Duke Of Gloucester City of Annapolis Street Annapolis, MD 21401 Regular Meeting Minutes - Final City Council Monday, November 9, 2020 7:00 PM Mayor John T. Chambers, Jr. City Council Chambers Virtual Meeting A virtual meeting is when people, regardless of their location, use video and audio to link up online. Virtual Meetings allow people to share information and data in real-time without being physically located together. Call to Order Mayor Buckley called the Regular Meeting to order at 7:00 pm. Invocation Given by Mayor Buckley. Pledge of Allegiance Led by Mayor Buckley. Roll Call Tonight's roll call began with Alderman Gay. Present: 9- Mayor Buckley, Alderwoman Tierney, Alderman Paone, Alderwoman Pindell Charles, Alderwoman Finlayson, Alderman Gay, Alderman Schandelmeier, Alderman Savidge and Alderman Arnett Approval of Agenda Alderman Paone moved to approve the agenda as amended to add R-60-20 Deputy City Manager for Resilience and Sustainability - Jacqueline S, Guild on first 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 Gay, Alderman Schandelmeier, Alderman Savidge and Alderman Arnett 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 1 Printed on 1/4/2021 City Council Regular Meeting Minutes - Final November 9, 2020 Aye: 9- Mayor Buckley, Alderwoman Tierney, Alderman Paone, Alderwoman Pindell Charles, Alderwoman Finlayson, Alderman Gay, Alderman Schandelmeier, Alderman Savidge and Alderman Arnett Approval of Journal of Proceedings CCM Regular Meeting Minutes 10.12.2020 A motion was made by Alderman Arnett to approve the Consent Calendar. The motion carried:unanimously Aye: 9- Mayor Buckley, Alderwoman Tierney, Alderman Paone, Alderwoman Pindell Charles, Alderwoman Finlayson, Alderman Gay, Alderman Schandelmeier, Alderman Savidge and Alderman Arnett CCM Special Meeting Minutes 10.26.2020 A motion was made by Alderman Arnett to approve the Consent Calendar. The motion carried:unanimously Aye: 9- Mayor Buckley, Alderwoman Tierney, Alderman Paone, Alderwoman Pindell Charles, Alderwoman Finlayson, Alderman Gay, Alderman Schandelmeier, Alderman Savidge and Alderman Arnett Supplemental Appropriations SA-13-21 Grant Fund - Police Dept. Revenue: State Grant Revenue ($17,205.00) Expenditure: State Grant Expense ($17,205.00) A motion was made by Alderman Arnett to approve the Consent Calendar. The motion carried:unanimously Aye: 9- Mayor Buckley, Alderwoman Tierney, Alderman Paone, Alderwoman Pindell Charles, Alderwoman Finlayson, Alderman Gay, Alderman Schandelmeier, Alderman Savidge and Alderman Arnett SA-14-21 Grant Fund - Police Dept. Maryland State Police - Vehicle Theft Prevention Office Revenue: State Grant Revenue ($1,000.00) Expenditure: State Grant Expense ($1,000.00) A motion was made by Alderman Arnett to approve the Consent Calendar. The motion carried:unanimously Aye: 9- Mayor Buckley, Alderwoman Tierney, Alderman Paone, Alderwoman Pindell Charles, Alderwoman Finlayson, Alderman Gay, Alderman Schandelmeier, Alderman Savidge and Alderman Arnett SA-15-21 Grant Fund - Annapolis Fire Department - Senator Amoss - 508 County Funds Revenue: State Grant Revenue ($20,410.00) Expenditure: State Grant Expense ($20,410.00) City of Annapolis Page 2 Printed on 1/4/2021 City Council Regular Meeting Minutes - Final November 9, 2020 A motion was made by Alderman Arnett to approve the Consent Calendar. The motion carried:unanimously Aye: 9- Mayor Buckley, Alderwoman Tierney, Alderman Paone, Alderwoman Pindell Charles, Alderwoman Finlayson, Alderman Gay, Alderman Schandelmeier, Alderman Savidge and Alderman Arnett SA-16-21 Grant Fund - Annapolis Police Department - Byrne Justice Grant (Department of Justice) Revenue: Federal Grant Revenue ($13,569.00); State Grant Revenue ($3,527.00) Expenditure: Federal Grant Expense ($13,569.00); State Grant Expense ($3,527.00) A motion was made by Alderman Arnett to approve the Consent Calendar. The motion carried:unanimously Aye: 9- Mayor Buckley, Alderwoman Tierney, Alderman Paone, Alderwoman Pindell Charles, Alderwoman Finlayson, Alderman Gay, Alderman Schandelmeier, Alderman Savidge and Alderman Arnett SA-17-21 Grant Fund - Office of Emergency Management - U.S. Department of Homeland Security Revenue: Federal Operating Grant Revenue - SHSG ($15,132.00) Expenditure: Federal Operating Grant Expense - SHSG ($15,132.00) A motion was made by Alderman Arnett to approve the Consent Calendar. The motion carried:unanimously Aye: 9- Mayor Buckley, Alderwoman Tierney, Alderman Paone, Alderwoman Pindell Charles, Alderwoman Finlayson, Alderman Gay, Alderman Schandelmeier, Alderman Savidge and Alderman Arnett SA-18-21 Grant Fund - Office of Emergency Management - U.S. Department of Homeland Security Revenue: Federal Operating Grant - SHSG ($40,000.00) Expenditure: Federal Operating Grant Expense - SHSG ($40,000.00) A motion was made by Alderman Arnett to approve the Consent Calendar. The motion carried:unanimously Aye: 9- Mayor Buckley, Alderwoman Tierney, Alderman Paone, Alderwoman Pindell Charles, Alderwoman Finlayson, Alderman Gay, Alderman Schandelmeier, Alderman Savidge and Alderman Arnett SA-19-21 Grant Fund - Office of Emergency Management - U.S. Department of Homeland Security Revenue: Federal Operating Grant Revenue - Urban Area Security Initiative Program ($874.00) Expenditure: Federal Operating Grant Expense - Urban Area Security Initiative Program ($874.00) A motion was made by Alderman Arnett to approve the Consent Calendar. The motion carried:unanimously City of Annapolis Page 3 Printed on 1/4/2021 City Council Regular Meeting Minutes - Final November 9, 2020 Aye: 9- Mayor Buckley, Alderwoman Tierney, Alderman Paone, Alderwoman Pindell Charles, Alderwoman Finlayson, Alderman Gay, Alderman Schandelmeier, Alderman Savidge and Alderman Arnett SA-21-21 Grant Fund - Office of Emergency Management - U.S. Department of Homeland Security Revenue: Federal Operating Grant Revenue - 2019 Flood Mitigation Assistance ($23,438.00) Expenditure: Federal Operating Grant Expense - 2019 Flood Mitigation Assistance ($23,438.00) A motion was made by Alderman Arnett to approve the Consent Calendar. The motion carried:unanimously Aye: 9- Mayor Buckley, Alderwoman Tierney, Alderman Paone, Alderwoman Pindell Charles, Alderwoman Finlayson, Alderman Gay, Alderman Schandelmeier, Alderman Savidge and Alderman Arnett Legislative Actions First Readers O-44-20 Employee Organizations - For the purpose of removing the deadline for employee organizations to petition the City for recognition as an exclusive bargaining agent for eligible government personnel. Sponsors: Schandelmeier and Savidge Aye: 9- Mayor Buckley, Alderwoman Tierney, Alderman Paone, Alderwoman Pindell Charles, Alderwoman Finlayson, Alderman Gay, Alderman Schandelmeier, Alderman Savidge and Alderman Arnett Alderman Arnett referred O-44-20 to the Rules & City Government Committee. O-47-20 Local Zoning Map Amendment - For the purpose of rezoning parcel 1340, Grid 0008, Tax Map 052A, known as 21 Maryland Avenue, Annapolis, Maryland, to be zoned in its entirety as C1, “Conservation Residence” Zoning District. Sponsors: Buckley Aye: 9- Mayor Buckley, Alderwoman Tierney, Alderman Paone, Alderwoman Pindell Charles, Alderwoman Finlayson, Alderman Gay, Alderman Schandelmeier, Alderman Savidge and Alderman Arnett Alderman Arnett referred O-47-20 to the Planning Commission. Alderman Arnett referred O-47-20 to the Rules & City Government Committee. Second Readers O-41-20 Alcoholic Beverages - For the purpose of updating citations to the Maryland State Code in Chapter 7.12 of the Code of the City of Annapolis. City of Annapolis Page 4 Printed on 1/4/2021 City Council Regular Meeting Minutes - Final November 9, 2020 Sponsors: Paone Aye: 9- Mayor Buckley, Alderwoman Tierney, Alderman Paone, Alderwoman Pindell Charles, Alderwoman Finlayson, Alderman Gay, Alderman Schandelmeier, Alderman Savidge and Alderman Arnett O-42-20 Emergency Medical Services - For the purpose of modifying the provisions of the Annapolis Emergency Medical Services program. Sponsors: Buckley and Pindell Charles Aye: 9- Mayor Buckley, Alderwoman Tierney, Alderman Paone, Alderwoman Pindell Charles, Alderwoman Finlayson, Alderman Gay, Alderman Schandelmeier, Alderman Savidge and Alderman Arnett R-56-20 Emergency Medical Services - Fees - For the purpose of clarifying certain fees charged for Emergency Medical Services. Sponsors: Buckley and Pindell Charles Aye: 9- Mayor Buckley, Alderwoman Tierney, Alderman Paone, Alderwoman Pindell Charles, Alderwoman Finlayson, Alderman Gay, Alderman Schandelmeier, Alderman Savidge and Alderman Arnett R-58-20 Local Journalism - For the purpose of supporting local journalism, including fair economic investment in newsroom staffing and resources. Sponsors: Tierney, Savidge, Schandelmeier, Buckley, Gay and Pindell Charles Aye: 9- Mayor Buckley, Alderwoman Tierney, Alderman Paone, Alderwoman Pindell Charles, Alderwoman Finlayson, Alderman Gay, Alderman Schandelmeier, Alderman Savidge and Alderman Arnett End of Consent Calendar Legislative Action Second Readers O-38-19 Housing and Community Development Committee - For the purpose of renaming the Housing and Community Development Committee; clarifying certain powers and functions; and making stylistic changes. Sponsors: Rodriguez and Gay Alderman Schandelmeier moved to reconsider O-38-19 Housing and Community Development Committee Renaming on second reader. Seconded. A roll call vote was taken. The motion CARRIED by the following vote: Aye: 8- Mayor Buckley, Alderwoman Tierney, Alderman Paone, Alderwoman Pindell Charles, Alderwoman Finlayson, Alderman Schandelmeier, Alderman Savidge and Alderman Arnett Nay: 1- Alderman Gay City of Annapolis Page 5 Printed on 1/4/2021 City Council Regular Meeting Minutes - Final November 9, 2020 Alderman Schandelmeier moved to adopt O-38-19 on second reader. Seconded. Planning and Zoning Director Nash was present and answered questions from the council. Alderman Savidge moved to amend O-38-19 as follows: Amendment # 5, Savidge 5/12/20 On page 1, in lines 43 and 44 strike “who are the three members of” and insert “three of whom are selected by”. On page 2, in line 1 after “Council.” strike down through “office.” in line 3. On page 2, in line 3 strike “resident” On page 2, in line 7 after “B.” strike down through “MEETING.” in line 12 and insert “THE COMMISSION SHALL ELECT A CHAIR AND VICE CHAIR AT ITS FIRST MEETING. THE CHAIR AND VICE CHAIR SHALL SERVE FOR A TERM OF ONE YEAR. IF THE CHAIR IS UNABLE TO ATTEND A MEETING, THE VICE CHAIR SHALL SERVE AS ACTING CHAIR FOR THAT MEETING.” On page 2, in line 20 after “business” insert “a period” and strike down through line 21. Seconded. CARRIED on voice vote. Alderwoman Tierney moved to adopt O-38-19 Housing and Community Development Renaming, Signed October 26, 2020, Adopted October 12, 2020 as amended on second reader. Seconded. CARRIED on voice vote. Alderman Arnett moved to adopt O-38-19 on third reader. Seconded. A roll call vote was taken. The motion CARRIED by the following vote: Aye: 8- Mayor Buckley, Alderwoman Tierney, Alderman Paone, Alderwoman Pindell Charles, Alderwoman Finlayson, Alderman Schandelmeier, Alderman Savidge and Alderman Arnett Nay: 1- Alderman Gay O-38-20 Building Code Updates - For the purpose of adopting certain building codes in accordance with the Code of Maryland; updating building code standards; correcting technical errors; specifying enforcement procedures; specifying appeal procedures; and generally related to the Annapolis Building Code. Sponsors: Buckley and Tierney Alderman Arnett moved to adopt O-38-20 on second reader. Seconded. Planning and Zoning Director Nash was present and answered questions from the council. City of Annapolis Page 6 Printed on 1/4/2021 City Council Regular Meeting Minutes - Final November 9, 2020 Alderman Arnett moved to amend O-38-20 as follows: Amendments #1 and #2 - Buckley Amendment 1: On page 1 after line 36, insert “17.28.030 17.28.040” and on page 25, after line 39 insert “CHAPTER 17.28 PLUMBING CODE 17.28.030 – MODIFICATION OF EXISTING FIRE SPRINKLER SYSTEMS EXISTING FIRE SPRINKLER SYSTEMS PRESENTING A LOW HAZARD ONLY, AS DEFINED BY THE AMERICAN WATER WORKS ASSOCIATION M14 DOCUMENT, AND HAVING A MODERN UNDERWRITERS’ LABORATORIES (UL)-LISTED ALARM CHECK VALVE THAT CONTAINS NO LEAD; WHEN THE EXISTING SPRINKLER SYSTEM IS EXPANDED OR MODIFIED, REQUIRING A HYDRAULIC ANALYSIS, A UNCLASSIFIED DOUBLE CHECK VALVE ASSEMBLY SHALL BE INSTALLED. EXISTING FIRE SPRINKLER SYSTEMS THAT PRESENT A LOW HAZARD AND THAT HAVE AN ALARM CHECK VALVE CONTAINING LEAD, WHEN THE SYSTEM IS EXPANDED OR MODIFIED, A UL-CLASSIFIED DOUBLE CHECK VALVE ASSEMBLY SHALL BE INSTALLED. 17.28.040 - Conflicting provisions. In the event of any inconsistencies between the provisions of the International Plumbing Code, 2015 2018 Edition and the City Code, the more stringent shall govern.” Amendment 2: On page 1, after line 42 insert “17.40.440” and on page 27, after line 42 insert “17.40.440 - Smoke alarms. A. Smoke Alarms and Smoke Detectors. For the purposes of this section, the term "smoke alarm" shall be construed to mean smoke alarms, smoke detectors, and alternative detection devices and systems approved by the Department of Planning and Zoning and the Fire Department. B. Required. It is the responsibility of the owner of each rental dwelling unit to install smoke alarms in accordance with this section in each rental dwelling unit intended to be used, or originally built or designed to be used for residential purposes, not to include any dwelling unit within any structure which has been converted entirely to a nonresidential use. The smoke alarms shall be capable of sensing visible or invisible particles of combustion and providing a suitable audible alarm of the combustion. Where fuel fired appliances are used one smoke detector is required to be a combination smoke and carbon monoxide City of Annapolis Page 7 Printed on 1/4/2021 City Council Regular Meeting Minutes - Final November 9, 2020 detector. The smoke alarms shall be installed by July 1, 1980, in the manner provided in this section, unless any other provision of State or Federal law requires installation before that date. For the purposes of this section, "multifamily dwelling" means a building containing three or more dwelling units. Exception: Existing approved smoke alarm installations in residential structures with fewer than three dwelling units where: 1) The smoke alarm installation is existing and approved; and 2) The smoke alarms have been maintained in operating condition. C. Location. 1) On the ceiling or wall outside of each separate sleeping area in the immediate vicinity of bedrooms. 2) In each room used for sleeping purposes. 3) In each story within a dwelling unit, including basements and cellars but not including crawl spaces and uninhabitable attics. In dwellings or dwelling units with split levels and without an intervening door between the adjacent levels, a smoke alarm installed on the upper level shall suffice for the adjacent lower level provided that the lower level is less than one full story below the upper level. D. Equipment. All devices, combinations of devices and equipment required in this section shall be approved by the Fire Department, and are to be installed in conformance with the provisions of Title 17 of the Code of the City of Annapolis and the manufacturer's Requirements for Installation. E. Power Source. Smoke alarms shall primarily operate on an AC electric power supply. Each smoke alarm shall be wired into the circuit serving the area in which it is located. No smoke alarm, shall be connected directly (permanently wired) to the electrical system of the structure unless an electrical permit first has been obtained. THE SMOKE ALARM POWER SOURCE SHALL COMPLY WITH NATIONAL FIRE PROTECTION ASSOCIATION STANDARDS: NFPA 72 AS WELL AS THE INTERNATIONAL BUILDING CODE, THE INTERNATIONAL RESIDENTIAL CODE, AND THE INTERNATIONAL EXISTING BUILDING CODE AS APPLICABLE. F. Maintenance. It is the responsibility of the property owner or agent to inspect annually and maintain any smoke alarm, in accordance with the manufacturer's warranty and suggested maintenance. In addition, the property owner shall provide any tenant access to a copy of the maintenance schedule, operating manual, and any other instructional or City of Annapolis Page 8 Printed on 1/4/2021 City Council Regular Meeting Minutes - Final November 9, 2020 precautionary literature which the manufacturer may supply with the unit. G. Connection to Fire Alarm System. In new multifamily dwellings provided with a fire alarm system, all required alarms shall be connected to the fire alarm system. H. Certification at Change in Occupancy. At every change of occupancy or tenancy of every rental dwelling unit occasioned by or incidental to a sale, lease, sublease, or change in tenancy, it is the duty of the grantor to certify to the tenant, at the time of conveyance and before occupancy, that all smoke alarms as required by this section (or other applicable laws) are installed and in proper working condition. H. I. NFPA Standards Supplemented. This section is intended to be used with and supplemented by the applicable provisions of the following National Fire Protection Association standards: NFPA 72, National Fire Alarm and Signaling Code, and NFPA 70, National Electrical Code; however, if there is any conflict between this section and the NFPA standards or any rules and regulations adopted pursuant to them, the provisions of this section shall prevail.” Seconded. CARRIED on voice vote. Alderman Arnett moved to adopt O-38-20 as amended on second reader. Seconded. CARRIED on voice vote. Alderman Arnett moved to adopt O-38-20 on third 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 Gay, Alderman Schandelmeier, Alderman Savidge and Alderman Arnett R-44-20 Building Code Updates - Fees - For the purpose of updating certain code section references under Title 17 in the Fiscal Year 2021 Fees Schedule. Sponsors: Buckley Alderman Arnett moved to adopt R-44-20 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 Gay, Alderman Schandelmeier, Alderman Savidge and Alderman Arnett R-45-20 Building Code Updates - Fines - For the purpose of updating certain code section references under Title 17 in the Fiscal Year 2021 Fines Schedule. Sponsors: Buckley Alderman Arnett moved to adopt R-45-20 on second reader. Seconded. A roll call vote was taken. The motion CARRIED by the following vote: City of Annapolis Page 9 Printed on 1/4/2021 City Council Regular Meeting Minutes - Final November 9, 2020 Aye: 9- Mayor Buckley, Alderwoman Tierney, Alderman Paone, Alderwoman Pindell Charles, Alderwoman Finlayson, Alderman Gay, Alderman Schandelmeier, Alderman Savidge and Alderman Arnett Approval of Agenda Legislative Action First Readers R-60-20 Deputy City Manager for Resilience and Sustainability - Jacqueline S. Guild - For the purpose of expressly confirming the appointment of Jacqueline S. Guild as Deputy City Manager for Resilience and Sustainability; and consenting to compensate the Deputy City Manager for Resilience and Sustainability. Sponsors: Buckley City Manager Jarrell was present and answered questions from the council. Alderman Arnett moved to adopt R-60-20 on first reader. Seconded. CARRIED on voice vote. Alderman Paone moved to suspend the rules to allow the passage of the resolution at the meeting of its introduction. Seconded. CARRIED on voice vote. Alderman Schandelmeier moved to adopt R-60-20 on second reader. Seconded. A roll call vote was taken. The motion CARRIED by the following vote: Aye: 8- Mayor Buckley, Alderwoman Tierney, Alderman Paone, Alderwoman Pindell Charles, Alderwoman Finlayson, Alderman Schandelmeier, Alderman Savidge and Alderman Arnett Abstain: 1- Alderman Gay Pursuant to Article IX, Sec.1, Mayor Buckley administered the Oath of Office to Jacqueline S. Guild - Deputy City Manager for Resilience and Sustainability. Items Removed from the Consent Calendar Supplemental Appropriations SA-20-21 Grant Fund - Police Department - Maryland Governor’s Office of Crime Control and Prevention Revenue: State Grant Revenue - Exploring Predictive Policing ($100,000.00) Expenditure: State Grant Expense - Exploring Predictive Policing ($100,000.00) City Manager Jarrell, LT. Miguez and Ms. Patti Norris representing the Police Department were present and answered questions from the council. Alderman Gay moved to postpone SA-20-21 until the Virtual Special Meeting of the City Council on December 21, 2020. Seconded. CARRIED on voice vote. City of Annapolis Page 10 Printed on 1/4/2021 City Council Regular Meeting Minutes - Final November 9, 2020 Alderman Schandelmeier moved to refer SA-20-21 to the Public Safety Committee. Seconded. CARRIED on voice vote. Legislative Action First Reader O-46-20 Public Health and Safety - For the purpose of removing obsolete provisions; authorizing the Department of Public Works to establish regulations governing garbage and refuse; reassigning certain enforcement powers to the Deputy City Manager for Resilience and Sustainability; creating definitions; clarifying procedures and penalties concerning commercial solid waste collection and contract approval; and generally relating to public health and safety. Sponsors: Tierney, Schandelmeier and Pindell Charles Alderman Arnett moved to adopt O-46-20 on first reader. Seconded. CARRIED on voice vote. Alderman Arnett referred O-46-20 to the Housing and Human Welfare Committee. Alderman Arnett referred O-46-20 to the Rules & City Government Committee. Alderman Arnett referred O-46-20 to the Environmental Matters Committee. Adjournment Upon a motion duly made and seconded the Regular Meeting was adjourned at 9:14 p.m. ReginaC.Watkins-Eldridge, MMC City Clerk City of Annapolis Page 11 Printed on 1/4/2021