APPOINTMENTS
AP-6-15 The Appointment of Herbert M. Sachs to the Civil Service Board
AP-7-15 The Appointment of Kevin A. Chase to the Ethics Commission
AP-8-15 The Reappointment of Edith Knight to the Human Relations Commission
AP-9-15 The Reappointment of Diane Graham to the Human Relations Commission
AP-10-15 The Reappointment of Martha Scott to the Human Relation Commission
AP-11-15 The Reappointment of Idamae Sims to the Human Relation Commission
PUBLIC HEARINGS
This is your opportunity to state your opinion on how we should vote or amend pending legislation. I generally do not comment on matters up for public hearing; I'd rather learn your thoughts.
R-8-15 Position Classifications and Pay Plan - For the purpose of approving the FY 2016 position classification and pay plan effective July 1, 2015.
Sponsors: Pantelides
R-10-15 FY 2016 Fees Schedule Effective July 1, 2015 - For the purpose of specifying fees that will be charged for the use of City services for FY 2016.
Sponsors: Pantelides
R-11-15 Capital Improvement Program Fiscal Years 2016 - 2021 - For the purpose of adopting a capital improvement program for Fiscal Years 2016-2021 (July 1,2015 - June 30, 2021).
Sponsors: Pantelides
R-12-15 FY 2016 Fines Schedule Effective July 1, 2015 - For the purpose of specifying fines that will be charged for FY 2016.
Sponsors: Pantelides
O-14-15 Annual Operating Budget: Fiscal Year 2016 - For the purposes of adopting an operating budget for the City of Annapolis for Fiscal Year 2016; appropriating funds for expenditures for Fiscal Year 2016; defraying all expenses and liabilities of the City of Annapolis and levying same for the purposes specified; specifying certain duties of the Director of Finance; and specifying a rate of interest to be charged upon overdue property taxes.
Sponsors: Pantelides
O-15-15 Capital Budget Fiscal Year 2016 - For the purpose of adopting a capital budget for Fiscal Year 2016; and appropriating funds for expenditures for the Fiscal Year 2016 capital budget.
Sponsors: Pantelides
O-19-15 Maryland Association of Counties Pooled OPEB Trust Fund - For the purpose of authorizing the adoption and establishment of a non-pension post-employment benefits trust.
Sponsors: Pantelides
LEGISLATIVE ACTION
SECOND READERS
O-30-14 A Modification To Parking Requirements And Adding As A Permitted Use In The B1 District The Use: Commercial, Trade, Vocational, Music, Dance, Or Art Schools - For the purpose of implementing the West Annapolis Sector Study.
Sponsors: Paone
Comment: During the West Annapolis Sector Study, that community expressed a desire for less restrictive parking regulations in the B1 District (which includes parts of West Annapolis and Eastport only). This legislation cuts in half the number of on-site parking spots required in that district with consideration of the amount of off-street parking available. In addition, the community expressed a desire to allow Pilates and yoga studies as a permitted use in the B1 District. This legislation accomplishes that goal, although the sponsor of the legislation, Alderman Paone proposes an amendment to strike that result. The Planning Commission recommended approval of this legislation, although not of the underlying sector study. The Transportation Board recommended approval as well.
Throughout the legislative process of this Ordinance, I have not heard any objections to the legislation nor found any negative result for Ward 5 members. Pending further information from Alderman Paone on his amendment and consideration of opposing views, I intend to support this legislation and possibly the amended version.
O-35-14 Planning Commission Member Qualifications - For the purpose of amending the membership qualifications of the Planning Commission so that at least one member has a working knowledge in the fields of forest conservation and environmental matters.
Sponsors: Littmann
Comment: I sponsored this legislation with the goal of ensuring that the entity held accountable for reviewing and approving proposals that effect our environment had at least one member that had a background in the environmental sciences. The Planning Commission (PC) rejected the suggestion that this requirement is necessary because the PC is made up of a representation of our community and is advised as necessary by subject matter experts. Therefore, the requirement of one member of the PC to have this expertise would be inconsistent with the general intent of the PC.
After consideration of the PC's reasoning, I'm convinced it is correct and intend to withdraw this legislation prior to a vote.
O-36-14 Building Board of Appeals Member Qualifications - For the purpose of amending the membership qualifications of the Building Board of Appeals so that at least one member has a working knowledge in the fields of forest conservation and environmental matters.
Sponsors: Littmann
Comment: The Building Board of Appeals (BBOA) hears appeals of the decisions of the Director of the Department of Neighborhood and Environmental Programs (DNEP). When the BBOA was created, the qualifications of the board were established by the applicable building code (BOCA). The BOCA code required the BBOA to include members with backgrounds in the architectural and engineering disciplines. Even after the applicable code changed to eliminate this specificity, in practice, the BBOA has operated with members with expertise in architecture, engineering, and building construction. This legislation codifies that best practice.
One version of the pending Forest Conservation Act (FCA) has appeals from the FCA going to the BBOA. However, whether or not FCA appeals ultimately go to the BBOA or Planning Commission, the BBOA will continue to hear appeals from the DNEP Director's decisions on other matters, appeals to variances under the FCA, and other matters pertaining to the environmental sciences. Therefore, adding a member with environmental science expertise would assist the BBOA in making thoughtful and balanced decisions from various perspectives.
Further, the BBOA itself supports this legislation as amended by my amendment. For all of these reasons, I support this amended legislation and will vote in favor of it.
O-3-15 Risk Management - For the purpose of providing that the City Council
may establish written rules and regulations as necessary in the interest of risk management.
Sponsors: Finlayson, Paone and Pindell Charles
Comment: This legislation proposes to allow the City Council to approve with the force of law certain risk management rules. Such rules would be designed to reduce risk to the public and to protect the City against liability for injuries or damages. The Rules Committee amendment specifies that the Risk Management Committee, which already exists, would have responsibility for proposing these rules to the Council. Pending consideration of opposing views, I intend to support the amended version of this legislation.
O-4-15 Building Permits - For the purpose of removing the Five Hundred Dollar construction project value requirement for the issuance of certain permits.
Sponsors: Pantelides
Comment: This legislation amends City Code to remove the requirement that commercial construction with value of $500 or more be required to obtain a permit. DNEP recommends that this requirement be removed and permits be required only if they are otherwise required by the Annapolis City Code. This is part of an ongoing effort by DNEP to simplify the City's permit process.
This change will allow some businesses who currently require building permits,to open with just a Use & Occupancy/Life Safety inspection. Provided that no structural, electrical, plumbing or mechanical work is done, many retail and office businesses should be able to open within a couple days of filling out an application.
Pending consideration of opposing views, I intend to support this legislation as amended by the Economic Matters Committee.
O-5-15 Floodplain Management in the City of Annapolis - For the purpose of amending certain sections of Chapter 17.11 of the Annapolis City Code to comply with updates to new Flood Insurance Rate Maps delineated by the Federal Emergency Management Agency; and all other matters generally relating to floodplain management in the City of Annapolis.
Sponsors: Pantelides
Comment: The Maryland Department of the Environment notified DNEP that the flood plain sections of the Annapolis City Code need to be updated to comport with new Flood Insurance Rate Maps (FIRMs), which went into effect on February 18, 2015. The City Code includes language incorporating the most recent revision of the FIRMs by reference but MDE is requiring that Council specifically adopt these map updates. The changes in the FIRMs include the addition of a high hazard (wave action) zone in Eastport and some minor flood line adjustments, which have resulted in adding or excluding a few properties by a margin of 1-2 feet. Adoption of the new maps and provisions is required for the City to continue to participate in the National Flood Insurance program.
I intend to vote in favor of this legislation as amended by Economic Matters Committee.
O-7-15 City Grants to Non-Profit Organizations - For the purpose of revising City priorities for making operating and/or capital grants to non-profit organizations under the Community Grant Program; and revising the qualifying criteria and reporting process for recipients of operating and/or capital Community Grant Program grants.
Sponsors: Littmann, Arnett, Finlayson and Pindell Charles
Comment: This legislation provides clarity to the City's priorities for making grants. The changes are largely technical and grammatical, rather than substantive. In addition, the legislation establishes a committee of City Staff to review applications for Community Grants. I intend to vote in favor of this legislation as amended by Alderwoman Pindell-Charles and the Finance Committee.
O-10-15 AAMC Lease Agreement for Stanton Center - For the purpose of approving the lease for certain City-owned space in the Stanton Center to Anne Arundel Medical Center; and matters generally relating to said lease.
O-11-15 Annapolis Youth Services Bureau Lease Agreement for Stanton Center - For the purpose of approving the lease for certain City-owned space in the Stanton Center to Annapolis Youth Services Bureau; and matters generally relating to said lease.
O-12-15 We Care Lease Agreement for Stanton Center- For the purpose of approving the lease for certain City-owned space in the Stanton Center to We Care and Friends, Inc.; and matters generally relating to said lease.
Sponsors: Pantelides
Comment: These Ordinances memorialize the ongoing relationships between the City and non-profits that operate in the Stanton Center. The leases identify tenant rights and who is responsible for utilities, insurance, repairs, and janitorial service. Each non-profit will lease space within the Center for $1 per year. I intend to vote in favor of each of these Ordinances.
O-13-15 Lease of Public Parking Lots to FRESHFARM Markets, Inc. - For the purpose of authorizing a Lease of municipal property located at Parcel 1246, Parcel 1248, and Parcel 1256 as indicated on Attachment A of the lease from May 3, 2015 through November 22, 2015 (with the exception of October 11, 2015 and October 18, 2015 for the Fall Boat Shows) to FRESHFARM Markets, Inc.
Sponsors: Budge and Pantelides
Comment: This legislation renews the lease between the City and FreshFarm Markets. By all accounts I've heard, this has been a mutually beneficial relationship enjoyed by City residents. I intend to vote in favor of the Ordinance.
R-9-15 City Debt and Financial Administration Policies - For the purpose of formally amending and approving the debt and financial administration policies for the City of Annapolis.
Sponsors: Pantelides
Comment: This legislation proposes to increase the City's debt service cost ceiling from 10% to 12% of General Fund expenditures, and to also raise the target ratio from 8% to 10%. A smaller ratio indicates a lesser burden on the City's operating budget.
I am against this change as it allows the City to borrow a bigger portion of its revenues. To my chagrin, the Council has continued to borrow money without a plan for repayment through either or a mixture of expense reductions or revenue increases. This legislation would allow even more borrowing. I will continue to oppose plans and budgets that contemplate more borrowing without a strategic plan to bring down long-term borrowing and to immediately pay for the resulting annual debt service payments. Alderman Arnett proposes an amendment to this legislation that would restore the borrowing ceiling and target. I support his amendment.
This legislation also proposes to reduce the Debt Payout Ratio from 65% to 55%, even though a higher ratio preserves the City's capacity to borrow for future capital needs, and provides a mechanism for the City to fail to maintain an Unassigned General Fund balance less than its floor of 10% and target of 15%. I oppose these changes.
On a positive note, this legislation establishes a Capital Reserve Fund that - once funded - would be used to pay for capital infrastructure investment and maintenance. Although the details on how this fund would operate are unclear, I applaud and support this portion of the legislation. If actually funded and annually replenished, this fund would theoretically decrease the need to use borrowed funds for routine and predictable maintenance and investment activities, such as repaying City roads. This action is indicative of the beginning a needed strategic plan. Among the key components still missing is the plan for how to pay for the already increasing debt service payments, including those from the new bonds approved by the Council at the last session or the new bonds proposed in the Administration's Capital Budget for FY16.
As currently drafted, I oppose this legislation for the reasons stated above. If Alderman Arnett's proposed amendment to restore the debt ceiling and target is adopted, I may be inclined compromise on the other points and support the underlying legislation with hopes of establishing the Capital Reserve Fund.
FIRST READERS
Comment: First Reader is a bill's formal introduction to the Council for consideration. Generally, I will vote in favor of a bill on First Reader, even if I disagree with it, so that the bill may be heard and discussed by the Council and the public.
O-20-15 Fair Housing in the City of Annapolis - For the purpose of adding gender identity to the protected classes set forth in Chapter 11.32 of the Code of the City of Annapolis.
Sponsors: Arnett
O-21-15 Nonstandard Vehicles Definition - For the purpose of amending the definition of Nonstandard Vehicles to include all such vehicles including pedicabs and for-hire Segways.
Sponsors: Budge
R-13-15 Analysis of Impediments to Fair Housing - For the purpose of adopting an Analysis of Impediments to Fair Housing.
Sponsors: Kirby, Budge and Littmann
R-14-15 Five-Year Consolidated Housing and Community Development Strategic Plan - For the purpose of adopting a Five-Year Consolidated Housing and Community Development Strategic Plan for the period beginning July 1, 2016, through June 30, 2020.
Sponsors: Kirby, Budge and Littmann
BUSINESS AND MISCELLANEOUS
GT-15-15 Transfer From Salaries to Contract Services - DNEP
Comment: The provided agenda does not provide information for this transfer.
O-18-15 Police and Fire Retirement Plan Cost of Living Adjustments - For the purpose of providing that effective July 1, 2013, and each July 1st thereafter, each Retired Member or survivor of any such Retired Member of the New Plan or New Plan Revised, entitled to receive a retirement benefit as of June 30th of any year, shall receive a fixed annual two-percent (2%) increase above the amount the Retired Member or survivor had received on June 30th of the same year.
Sponsors: Arnett and Finlayson
Comment: The provided agenda does not explain why this Ordinance is on the Agenda for Business and Miscellaneous, as opposed to First Reader.
ADJOURNMENT
