City Council Meeting Minutes November 18, 2019 Havre de GraceCity Council Meeting Minutes November 18, 2019 November 18, 2019 Public Hearing Proceedings Public Hearings on Annexation Resolution No. 285 and Ordinance No. 1024, amending the City Code Chapter 73 Firearms, was called to order by Mayor Martin at 7pm. Council Members present: CP Glenn, CM Robertson, CM Ringsaker, CM Boyer, CM Martin and CM Zinner. Public Hearing Annexation Resolution No. 285 A RESOLUTION BY THE MAYOR AND CITY COUNCIL OF HAVRE DE GRACE, MARYLAND, ADOPTED PURSUANT TO THE AUTHORITY OF THE MARYLAND CONSTITUTION, ARTICLE XI – E AND THE PROVISIONS OF THE ANNOTATED CODE OF MARYLAND, LOCAL GOVERNMENT ARTICLE SUBTITLE 3: AMENDMENT OR REPEAL OF CHARTER, AND SUBTITLE 4: ANNEXATION AUTHORIZING THE LEGISLATIVE BODY OF A MUNICIPALITY TO ANNEX PROPERTY EXTENDING THE BOUNDARIES OF THE MUNICIPALITY UPON A PETITION FOR ANNEXATION, AND AMENDING THE CITY CHARTER, SPECIFICALLY APPENDIX A OF THE HAVRE DE GRACE CHARTER BY ADDING “SUBSECTION A.33 THE FIRST 2019 ADDITION TO THE CITY BOUNDARIES,” ALONG WITH THE LEGAL DESCRIPTION OF THE ACRES OF LAND WHICH WILL ENLARGE THE BOUNDARIES OF THE CITY OF HAVRE DE GRACE TO INCLUDE THE LAND OF 1921 PULASKI HIGHWAY CONSISTING OF A TOTAL OF 8.83 ACRES MORE OR LESS. Comments from citizens: Joe Kochenderfer – Tydings Road David Layfield – Salisbury MD Public Hearing on Annexation Resolution No. 285 Closed at 7:08pm Ordinance No. 1024 AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF HAVRE DE GRACE PURSUANT TO THE AUTHORITY PROVIDED BY THE MARYLAND CONSTITUTION ARTICLE XI-E, THE LOCAL GOVERNMENT ARTICLE OF THE ANNOTATED CODE OF MARYLAND, AND CITY CHARTER SECTIONS 33 AND 34 AMENDING THE CITY CODE CHAPTER 73: FIREARMS. Comments from citizens: Peter Ianniello – 2000 Level RD Public Hearing on Ordinance 1024 Closed at 7:11pm November 18, 2019 Council Meeting Proceedings The regular meeting of the Mayor and City Council was called to order on November 18, 2019 at 7:12 pm with Mayor Martin presiding. Council Members present: CP Glenn, CM Robertson, CM Ringsaker, CM Boyer, CM Martin and CM Zinner. The Pledge of Allegiance was recited, and opening prayer was given by Evangelist Gene Proud CP Glenn offered several ‘friendly amendments” (i.e.: removal of Tideway Dermatology from Presentations due to a scheduling conflict with Tideway personnel; and Council Members proffering Board Appointments. Council accepted CP Glenn’s ’friendly amendments’; CM Ringsaker moved to approve the Council Meeting minutes of November 4, 2019. Motion carries 6-0. Comments from citizens on agenda items: David Layfield – Salisbury, MD Appointments: Board of Appeals – CP Glenn moved to re-appointed Bill Putland. Seconded by CM Martin. Motion carries 6-0. Economic Advisory Board –CM Robertson moved to re-appoint Julie Ruhnke. Seconded by CP Glenn. Motion carries 6-0. Tourism Advisory Board – CM Martin moved to appoint five new members: Kathy Keen, Mary Leavens, Jim Nemeth, Cathy Vincenti and Robert Glassman. Seconded by CM Zinner. Motion carries 6-0. Oaths of Office: Mayor Martin conferred the Oath of Office to Kathy Keen. Mary Leavens, Jim Nemeth, Cathy Vincenti and Robert Glassman. Ordinances: A motion to introduce on second reading by CM Ringsaker, Ordinance No. 1025 Concerning Infill Development, second was made by CM Boyer. Motion to adopt by CM Ringsaker and second by CM Boyer. Motion carries 6-0 A motion to introduce on first reading an Ordinance concerning Commercial Corridor Mixed Use was made by CM Ringsaker with a second from CM Martin. The Ordinance was assigned No. 1026. A motion to adopt Ordinance 1026 on first reading was made by CM Ringsaker seconded by CM Robertson. Motion carries 6-0. A Public Hearing was announced by CP Glenn and will be held December 2, 2019 at 7pm. New Business: A motion was made by CM Robertson to approve Budget Amendment 2020-04 and seconded by CM Martin. Motion carries 6-0. Directors Report: Patrick Sypolt- Director of Administration: Mr. Sypolt provided dates of upcoming events in Havre de Grace which are available on the tourism website at www.explorehavredegrace.com. City Hall will be closed in observance of Thanksgiving November 28th and 29th. City Hall will reopen December 2nd at 8:00am. Mr. Shane Grimm: Deputy Director of Planning– Mr. Grimm thanked the Council for passing Ordinance 1025infill parking ordinance. He also thanked the Council for introducing Ordinance 1026, the Commercial Corridor Mixed Use ordinance which will improve and incentivize development along the US Route 40 corridor. Mr. Grimm also stated that the Old Gracetown Inn would be demolished in the very near future. Mrs. Erika Quesenbery Sturgill: Director of Economic Development– The Havre de Grace Office of Economic Development has also been chosen as an American express Small Business Saturday Neighborhood Champion for the fourth year in a row. So as you are sharing your holiday plans and shopping on social media we ask you to #ShopSmall and # smallbizsaturday Mr. George DeHority: Director of Finance– Thanked the Council for passing Budget Amendment 2020-04 which more than doubled the value of the amount of amendment for DPW paving, providing a huge value to our tax-payers. Gave the current financial condition of General Fund 1, Water/Sewer Fund 9 and Marina Fund 8. Mr. Tim Whittie: Director of the Department of Public Works –DPW will hold an Open House December 14th from 10am to 4pm at the Waste Water Treatment Plant and the Water Treatment Plant. Mr. Whittie also announced that paving projects for this capital year are completed. Captain Jonathan Krass – Havre de Grace Police Department: – Telephone scams are on the rise at this time. We need to please be alert and careful. Holiday foot patrols will begin very soon. Business from Mayor Martin- Thanked CM Robertson, Johnny Boker and the American Legion for the wonderful Veterans Day Parade. The Mayor was pleased to see the children present for the parade, and the e proud display of Patriotism from both participants and the public. The Great Havre de Grace Oyster Feast was a great success again this year. The Mayor was proud to announce that more than $4000.00 was raised for the non-profits here within the City. Tydings Park is getting an ‘in-ground’ sprinkler system that will help to maintain the grass during the dry spells during summer. Christmas lights are going up and we will have the lights on by Thanksgiving. Mayor Martin encouraged people to read the Gettysburg Address as it was given by President Abraham Lincoln, to be inspired again and to remember to be grateful we live in a free country. Mayor Martin wishes everyone an awesome Happy Thanksgiving. Business from Council: Council Member Ringsaker: Wage and Benefit Meeting will be this Wednesday immediately following the public input session at 7:30 PM. CM Ringsaker is unhappy with the wait time he had to endure recently at the local hospital. Eight hours in the ER is unacceptable. Upper Chesapeake’s plan to fail is the big cause of the failure of our hospital. We are going to fight for our citizens. Council Member Robertson: Participated in National Day of Reading at Meadowvale. This event was sponsored by the Ben Carson Foundation which was a very special time. The Youth Commission meets Nov. 19th at City Hall at 7pm. The Veterans Day Parade was a show of support for our veterans. We want you to know there is support for you and we recognize you. Council Member Zinner: Read a letter that she sent to the editor of the Aegis and Cecil Whig. She encouraged the Citizens of Aberdeen, Havre de Grace and Perryville to write to Delegate Mary Ann Lisanti in an effort to keep our hospital. Council Member Martin: Expressed his unrest with the comments made at Harford Night by Senator Jennings. CM Martin referred to Finance Director George DeHority to explain our Choices for Water and Sewer Debt option funding mechanism. CM Martin asked if the Council wished to move forward with a bond bill. We will need to make a resolution for a referendum to take place in January. Council Member Boyer: Tree Commission meets Nov 21st at 7pm. Street and Safety Committee meets Nov 25th at 6pm at City Hall. CM Boyer supported the Water – Sewer bond bill and encouraged citizens to contact she or City Hall should they have any questions. CM Boyer spoke about Upper Chesapeake and the quality of health care and to go online to Leapfroggroup.com to view the grades of our local health care facilities. Prior to Council President Glenn’s comments, Mayor Martin asked to clarify CM Martin’s comments regarding the water sewer capital funding plan. The Mayor asked to provide a motion from the City Council to allow the Administration to prepare a resolution for referendum for the December 2, 2019 Council Meeting) the Resolution will provide a ballot question and in the date and time of a Special Election in January 2020. Motion made by CP Glenn and seconded by CM Martin. Motion carries 6-0. Council President Glenn: Suggested capitalizing on the bond market now while it is favorable moving forward with a Special Election will be of great value. Wreaths Across America will take place December 14, 2019. CP Glenn made a motion and read into the record the reason for the closed session (under section 3-305(b) subsection 7 & 8 -to consult with staff and seek Counsel advice on a legal matter); the motion was seconded by CM Martin. Motion carries 6-0 Adjournment: A motion was made by CM Ringsaker to adjourn at 9:00 pm. Motion carries 6-0 Video recording of the City Council Meeting may be viewed online through Harford Cable Network. Council went into Closed Session at 9:11 PM and Adjourned Closed Session at 9:24 PM. Summary minutes are attached. Open Session Resumed at 9:25 PM After the full council consulted with the City attorney in closed session, CP David Glenn made a motion to approve a limited waiver of attorney client privilege as it relates to the testimony of Paul Ishak, former City attorney, with the waiver limited to the correspondence concerning the property at 211 Congress LLC and Mr. Ishak’s knowledge of the facts surrounding the correspondence. Motion was seconded by CM Ringsaker Motion approved: 6-0. Motion to adjourn made by CM Martin and seconded by CM Boyer at 9:30; Motion approved 6-0. PUBLIC VERSION – SUMMARY (attach to public meeting minutes) MINUTES OF HAVRE DE GRACE CITY COUNCIL MEETING CLOSED SESSION Monday, November 18, 2019 City Hall 711 Pennington Avenue Havre de Grace, MD 21078 Time of Closed Session: 9:11 PM Place: City Hall, Mayor’s office. Purpose: To consult with staff and the City Attorney about pending litigation and whether to waive attorney client privilege with respect to testimony of former City Attorney Judge Paul W. Ishak. Persons Attending: Council President Glenn; CM Robertson; CM Boyer; CM Martin; CM Ringsaker; CM Zinner; Chief of Staff Gamatoria; Director of Administration Sypolt; City Attorney Ishak; Mayor Martin. Motion to go into close session made by CP Glenn, second by CM Ringsaker. Vote in favor: 6-0 Authority under Section 3-305 for the closed session: General Provision Article 3-305(b)(7) to consult with counsel to obtain legal advice; and 3-305(b)(8) to consult with staff about pending litigation (Pensell, et al. v. City of Havre de Grace) concerning whether to consent to a waiver of attorney client privilege. Topics actually discussed: The council members considered whether to waive the attorney client privilege relating to the likely testimony of former City Attorney Paul W. Ishak in connection with the lawsuit against the City for the use of Hutchins Park brought by the Pensell’s and Brandon’s (211 Congress Ave. LLC). Action taken: None. Motion to Adjourn and return to open session. Passed: Vote 6-0. Closed Session adjourned at 9:24 PM.