City Council

160 Duke Of Gloucester City of Annapolis Street Annapolis, MD 21401 Regular Meeting Minutes - Final City Council Monday, September 12, 2022 7:00 PM Mayor John T. Chambers, Jr. City Council Chambers Regular Meeting Call to Order Alderwoman Finlayson called the Regular Meeting to order at 7:02 pm. Invocation Given by Alderwoman Finlayson. Pledge of Allegiance Led by Alderwoman Finlayson. Roll Call Tonight's roll call began with Alderwoman Tierney. Present: 7- Alderwoman Tierney, Alderwoman O'Neill, Alderwoman Pindell Charles, Alderwoman Finlayson, Alderman Schandelmeier, Alderman Gay and Alderman Arnett Absent: 2- Mayor Buckley and Alderman Savidge Approval of Agenda Alderwoman Tierney moved to approve the Regular Meeting Agenda. Seconded. A roll call vote was taken. The motion CARRIED by the following vote: Aye: 7- Alderwoman Tierney, Alderwoman O'Neill, Alderwoman Pindell Charles, Alderwoman Finlayson, Alderman Schandelmeier, Alderman Gay and Alderman Arnett Absent: 2- Mayor Buckley and Alderman Savidge Ceremonial Items ID-191-22 Citation for Journalist & Author Anil Sural Alderwoman Finlayson presented the citation. Petitions, Reports and Communications A. Update from the Mayor City of Annapolis Page 1 Printed on 10/11/2022 City Council Regular Meeting Minutes - Final September 12, 2022 Alderwoman Finlayson presented the City Council Remarks provided by Mayor Buckley. Alderwoman Finlayson (on behalf of Acting Mayor Rob Savidge) City Council Remarks 12 September 2022 City Council Chambers Good evening, I want to start by wishing Mayor Buckley and his wife Julie a very happy 25th wedding anniversary! Congratulations. == This weekend, at City Dock and locations around Annapolis including Maryland Hall, Ram’s Head and MC3, it’s the Annapolis Singer Songwriter Festival. Kicking off Friday and including some of the top acts in the music industry, but also songwriting workshops and free performances. Please check the website for details and to find whatever tickets are available. The address is annapolissongwritersfestival.com This is the companion to the highly successful Key West singer-songwriter festival, now in its 27th year! == On the following weekend we will celebrate the Kunta Kinte Festival, also at City Dock. Last week Mayor Buckley, with other dignitaries welcomed the new Harriet Tubman statue out front of the Banneker Douglass Museum. This artwork was created by Dr. Joyce Scott and has spent time at locations around Maryland. Annapolis is her home for the next year. At that event, the City of Annapolis proclaimed September as Underground Railroad Month. September is also ‘Recovery Month” a national event to increase public awareness surrounding mental health and addiction recovery. In recognition of Recovery Month, City Hall will be lit purple at night throughout September. == I want to remind folks that the fall boat shows are coming up October 6-9 for the powerboat show and Oct. 13-17 is the sailboat show. If you’re coming downtown, the best bet for parking is to reserve at one of the city garages and take the free shuttle. Visit annapolisparking.com to learn more. == The City is sponsoring the second annual Youth Poetry Contest. Again this year it will result in a published book of poetry available at the Michael E Busch public library. We are hoping to get young people to participate. Please visit the city website and use the keywords ‘Poetry Contest’ to find more information. == Hispanic Heritage Month starts Sep. 15 and goes until Oct. 15. Check out the flags of Latino/Hispanic nations on Main Street and visit the City's online calendar for events and activities happening all around the City. October will conclude with our very popular Day of the Dead at Maryland Hall with food, music, performances and dancing. B. Reports by Committee City of Annapolis Page 2 Printed on 10/11/2022 City Council Regular Meeting Minutes - Final September 12, 2022 Standing Committee Dates: Transportation Committee Wednesday, September 14, 2022 at 4:00 p.m. Special Rules and City Government Committee Friday, September 16, 2022 at 1:00 p.m. C. Comments by the General Public Speakers: Mike Green, 324 Dewey Drive, Annapolis, Maryland 21401. Alderwoman Finlayson declared comments from the general public closed. Approval of the Consent Calendar A motion was made by Alderman Arnett to approve the Consent Calendar. The motion carried:unanimously Aye: 7- Alderwoman Tierney, Alderwoman O'Neill, Alderwoman Pindell Charles, Alderwoman Finlayson, Alderman Schandelmeier, Alderman Gay and Alderman Arnett Absent: 2- Mayor Buckley and Alderman Savidge Consent Calendar Approval of Journal of Proceedings CCM Regular Meeting Minutes 7.11.2022 A motion was made by Alderman Arnett to approve the Consent Calendar. The motion carried:unanimously Aye: 7- Alderwoman Tierney, Alderwoman O'Neill, Alderwoman Pindell Charles, Alderwoman Finlayson, Alderman Schandelmeier, Alderman Gay and Alderman Arnett Absent: 2- Mayor Buckley and Alderman Savidge CCM Special Meeting Minutes 7.25.2022 A motion was made by Alderman Arnett to approve the Consent Calendar. The motion carried:unanimously Aye: 7- Alderwoman Tierney, Alderwoman O'Neill, Alderwoman Pindell Charles, Alderwoman Finlayson, Alderman Schandelmeier, Alderman Gay and Alderman Arnett Absent: 2- Mayor Buckley and Alderman Savidge Annual Council Schedule ID-186-22 Proposed 2023 City Council Meeting Schedule City of Annapolis Page 3 Printed on 10/11/2022 City Council Regular Meeting Minutes - Final September 12, 2022 Aye: 7- Alderwoman Tierney, Alderwoman O'Neill, Alderwoman Pindell Charles, Alderwoman Finlayson, Alderman Schandelmeier, Alderman Gay and Alderman Arnett Absent: 2- Mayor Buckley and Alderman Savidge Supplemental Appropriations under $50,000 SA-5-23 General Fund - Mayor’s Office - Charitable Contribution from Rodney Barnes Revenue: Miscellaneous Revenue ($7,500.00) Expenditure: Supplies and Other ($7,500.00) A motion was made by Alderman Arnett to approve the Consent Calendar. The motion carried:unanimously Aye: 7- Alderwoman Tierney, Alderwoman O'Neill, Alderwoman Pindell Charles, Alderwoman Finlayson, Alderman Schandelmeier, Alderman Gay and Alderman Arnett Absent: 2- Mayor Buckley and Alderman Savidge End of Consent Calendar Business and Miscellaneous Supplemental Appropriations over $50,000 SA-6-23 Transportation - Maryland Department of Transportation Revenue: State Grant Revenue ($68,000.00) Expenditure: State Grant Expense ($68,000.00) Acting Transportation Director Duah was present and answered questions from the council. Alderwoman O'Neill moved to approve SA-6-23. Seconded. CARRIED on voice vote. SA-7-23 Fleet Replacement/General Fund - Capital Reserve Revenue: Capital Reserve Fund Balance (General Fund) ($800,000.00) Transfer from General Fund (Fleet Replacement Fund) ($800,000.00) Expenditure: Transfer to Fleet Replacement Fund (General Fund) ($800,000.00) Fleet Capital Outlay (Fleet Replacement Fund) ($800,000.00) Alderwoman O'Neill moved to approve SA-7-23. Seconded. CARRIED on voice vote. SA-8-23 APD - Grant - Governor’s Office of Crime Prevention, Youth, and Victim Services Revenue: State Grant Revenue ($262,858.00) Expenditure: State Grant Expense ($262,858.00) City of Annapolis Page 4 Printed on 10/11/2022 City Council Regular Meeting Minutes - Final September 12, 2022 City Manager Mallinoff and Finance Director Mallinoff were present and answered questions from the council. Alderman Arnett moved to approve SA-8-23. Seconded. CARRIED on voice vote. Public Hearing Ordinance O-27-22 Public Services - Water Service - Billing - Waiving Late Penalties -- For the purpose of allowing the Finance Director to waive certain late utility penalties, and generally regarding City of Annapolis utility fees. Sponsors: Alderwoman Finlayson, Alderman Arnett, Alderman Gay, Alderwoman O'Neill, Alderwoman Pindell Charles, Alderman Schandelmeier, Alderwoman Tierney, Alderman Savidge and Mayor Buckley Alderwoman Finlayson declare the public hearing on O-27-22 closed. Alderwoman O'Neill - Cosponsor Added. Alderman Gay - Cosponsor Added. Alderwoman Pindell Charles - Cosponsor Added. Alderman Schandelmeier - Cosponsor Added. Alderman Arnett - Cosponsor Added. Legislative Actions First Readers Charter Amendment CA-2-22 Board of Supervisors of Election - For the purpose of expanding the Board of Supervisors of Elections from three members to five members. Sponsors: Alderman Savidge and Alderman Arnett Alderman Arnett moved to adopt CA-2-22 on first reader. Seconded. CARRIED on voice vote. Alderwoman Finlayson referred CA-2-22 to the Rules & City Government Committee. Alderwoman Finlayson referred CA-2-22 to the Board of Supervisors of Elections. Ordinances O-25-22 Revenue and Finance - Purchasing and Procurement - Prevailing Wage and Local Hiring - For the purpose of establishing prevailing wage and local City of Annapolis Page 5 Printed on 10/11/2022 City Council Regular Meeting Minutes - Final September 12, 2022 hiring provisions applicable to specific types of capital improvement contracts; defining certain terms; adding the types of capital improvement contracts to which general wage provisions apply; allowing wage deductions in particular instances; requiring capital improvement contracts to include specific terms; adding worksite notice requirements; requiring maintenance of certain records relating to prevailing wage requirements; allowing audits and investigations of complaints of violations of overall wage requirements; adding local hiring requirements; adding reporting requirements for prevailing wage and local hiring data; establishing penalties for violations of prevailing wage and local hiring provisions; providing for the applicability of this ordinance; providing for a delayed effective date; generally relating to purchasing. Sponsors: Alderman Schandelmeier Alderman Schandelmeier moved to adopt O-25-22 on first reader. Seconded. CARRIED on voice vote. Alderwoman Finlayson Referred O-25-22 to the Finance Committee. Alderwoman Finlayson referred O-25-22 to the Rules & City Government Committee. O-38-22 Vehicles and Traffic - Stopping, Standing and Parking - Parking Spaces Reserved - For the purpose of reserving temporary assigned handicapped parking spaces in residential areas for City of Annapolis residents; and generally dealing with handicapped parking. Sponsors: Alderwoman Tierney Alderwoman O'Neill moved to adopt O-38-22 on first reader. Seconded. CARRIED on voice vote. Alderwoman Finlayson referred O-38-22 to the Public Safety Committee. Resolutions R-47-22 Tolson Street Park - For the purpose of designating certain City of Annapolis-owned property as a Mini-Park; naming the Mini-Park at the northeast end of Tolson Street the “Tolson Street Park”; and generally relating to park amenities. Sponsors: Alderwoman O'Neill Alderman Schandelmeier moved to adopt R-47-22 on first reader. Seconded. CARRIED on voice vote. R-48-22 Tucker Street Park - For the purpose of designating certain City of Annapolis-owned property as a Mini-Park; naming the Mini-Park at the northeast end of Tucker Street the “Tucker Street Park”; and generally relating to park amenities. Sponsors: Alderwoman O'Neill City of Annapolis Page 6 Printed on 10/11/2022 City Council Regular Meeting Minutes - Final September 12, 2022 Alderwoman Tierney moved to adopt R-48-22 on first reader. Seconded. CARRIED on voice vote. R-52-22 A Task Force to Study the City Municipal Election Laws and Make Recommendations, If Needed, to Improve the City Code, Structure, and Procedures for City Municipal Elections - For the purpose of establishing a Task Force to study the City municipal election laws and make recommendations, if needed, to improve the City Code, structure, and procedures for elections in the City of Annapolis. Sponsors: Mayor Buckley and Alderwoman Finlayson Alderman Gay moved to adopt R-52-22 on first reader. Seconded. CARRIED on voice vote. Alderman Arnett - Cosponsor Added. R-54-22 Non-maritime Use Fee on Waterfront Property per City Zoning Code - For the purpose of establishing a fee for non-maritime use of waterfront property in the City of Annapolis per § 21.46.010 (E); and generally related to maritime zoning in the City. Sponsors: Alderman Savidge Alderman Arnett moved to adopt R-54-22 on first reader. Seconded. CARRIED on voice vote. Alderman Arnett - Cosponsor Added. Alderman Arnett requested a Fiscal Impact Note on R-54-22. Chief of Comprehensive Planning Leshinsky was present and answered questions from the council. Alderwoman Finlayson referred R-54-22 to the Finance Committee. R-55-22 Proposed Greenbury Point Conservation Area Golf Course - For the purpose of expressing the Annapolis City Council’s opposition to the development of Greenbury Point Conservation Area into a golf course. Sponsors: Alderman Savidge and Alderwoman Tierney Alderwoman O'Neill moved to adopt R-55-22 on first reader. Seconded. CARRIED on voice vote. Second Readers Ordinances O-42-22 Business License, Taxes and Regulations - Street Café - For the purpose of clarifying the definition of street cafés City of Annapolis Page 7 Printed on 10/11/2022 City Council Regular Meeting Minutes - Final September 12, 2022 Sponsors: Mayor Buckley Alderman Arnett moved to adopt O-42-22 on second reader. Seconded. Alderwoman Tierney moved to amend O-42-22 as follows: Amendment #1 AMENDMENT 1 On page 1 strike lines 1-46 and on page 2 strike lines 1-2, and replace with: "..Title Business License, Taxes and Regulations - Sidewalk Cafés – For the purpose of clarifying the definition of sidewalk cafés; adding lease requirement for sidewalk cafés on adjoining public streets. ..Body CITY COUNCIL OF THE City of Annapolis Ordinance 42-22 Introduced by: Mayor Buckley Co-sponsored by: Referred to Economic Matters Committee AN ORDINANCE concerning BUSINESS LICENSES, TAXES AND REGULATIONS - Sidewalk Cafés FOR the purpose of clarifying the definition of sidewalk cafés; adding lease requirement for sidewalk cafés on adjoining public streets. BY repealing and reenacting with amendments the following portions of the Code of the City of Annapolis, 2022 Edition 7.42.010 SECTION I: BE IT ESTABLISHED AND ORDAINED BY THE ANNAPOLIS CITY COUNCIL that the Code of the City of Annapolis shall be amended to read as follows: Title 7 – BUSINESS LICENSES, TAXES AND REGULATIONS Chapter 7.42 – SIDEWALK CAFÉS 7.42.010 - Sidewalk café—Defined—Permit required D. For purposes of this chapter, "sidewalk café" means any area situated on a public sidewalk, and, as authorized by a lease with the City, any adjoining public street, where food, refreshments, and/or beverages are sold by a restaurant, delicatessen, ice cream shop or coffee shop (hereinafter "operating establishment") for public consumption at tables or counters located on the sidewalk fronting the operating establishment. Sidewalk cafés shall operate only as authorized pursuant to this chapter. either: 1. situated on a public sidewalk, or, 2. situated on a portion of an adjoining public street that is authorized by a lease with the City; and where food, refreshments, and/or beverages are sold by a restaurant, delicatessen, ice cream shop, or coffee shop (hereinafter "operating City of Annapolis Page 8 Printed on 10/11/2022 City Council Regular Meeting Minutes - Final September 12, 2022 establishment") for public consumption at tables or counters located on the sidewalk fronting the operating establishment. Sidewalk cafés shall operate only as authorized pursuant to this chapter." . Seconded. CARRIED on voice vote. Alderman Schandelmeier moved to adopt O-42-22 as amended on second reader. Seconded. CARRIED on voice vote. Alderman Arnett moved to adopt O-42-22 on third reader. Seconded. A roll call vote was taken. The motion CARRIED by the following vote: Aye: 7- Alderwoman Tierney, Alderwoman O'Neill, Alderwoman Pindell Charles, Alderwoman Finlayson, Alderman Schandelmeier, Alderman Gay and Alderman Arnett Absent: 2- Mayor Buckley and Alderman Savidge O-43-22 Issuance of General Obligation Bonds and Bond Anticipation Notes - For the purpose of authorizing and empowering the City of Annapolis (the “City”) to issue and sell, upon its full faith and credit, (i) one or more series of its general obligation bonds in the aggregate principal amount not to exceed $32,643,771 (the “Bonds”), pursuant to Sections 19-301 through 19-309, inclusive, of the Local Government Article of the Annotated Code of Maryland, as amended, and Article VII, Section 11 of the Charter of the City of Annapolis, as amended (the “Charter”), (ii) one or more series of its general obligation bond anticipation notes in anticipation of the issuance of the Bonds in the maximum aggregate principal amount equal to the maximum aggregate principal amount of the Bonds (the “Notes”), pursuant to Sections 19-211 through 19-221, inclusive, of the Local Government Article of the Annotated Code of Maryland, as amended and the Charter and (iii) one or more series of its general obligation bonds to refund specified bonds previously issued by the City in the aggregate principal amount not to exceed 120% of the principal amount of bonds to be refunded (the “Refunding Bonds”), pursuant to Section 19-207 and Sections 19-301 through 19-309, inclusive, of the Local Government Article of the Annotated Code of Maryland, as amended, and the Charter; providing that the Bonds, Notes and Refunding Bonds shall be issued and sold for the public purpose of financing and refinancing certain capital projects of the City as provided in this Ordinance; prescribing the form and tenor of the Bonds, Notes and Refunding Bonds; providing for the method of sale of the Bonds, Notes and Refunding Bonds and other matters relating to the issuance and sale thereof; providing for the disbursement of the proceeds of the Bonds, Notes and Refunding Bonds; covenanting to levy and collect all taxes necessary to provide for the payment of the principal of and interest on the Bonds, Notes and Refunding Bonds; and generally providing for and determining various matters relating to the issuance, sale and delivery of the Bonds, Notes and Refunding Bonds. Sponsors: Alderman Schandelmeier Alderwoman Tierney moved to adopt O-43-22 on second reader. Seconded. CARRIED on voice vote. City of Annapolis Page 9 Printed on 10/11/2022 City Council Regular Meeting Minutes - Final September 12, 2022 Alderman Arnett moved to adopt O-43-22 on third reader. Seconded. A roll call vote was taken. The motion CARRIED by the following vote: Aye: 7- Alderwoman Tierney, Alderwoman O'Neill, Alderwoman Pindell Charles, Alderwoman Finlayson, Alderman Schandelmeier, Alderman Gay and Alderman Arnett Absent: 2- Mayor Buckley and Alderman Savidge Adjournment Upon motion duly made, seconded and adopted, the Special Meeting was adjourned at 8:10 pm. Regina C. Watkins-Eldridge, MMC City Clerk City of Annapolis Page 10 Printed on 10/11/2022