september 8, 2020 council meeting proceedings 8, 2020 with ... · 09/09/2020 · council meeting...

Council Meeting Minutes September 8, 2020 1

September 8, 2020

Council Meeting Proceedings

Public Hearing concerning Progress on Firehouse #2 was called to order at 7:00 p.m. on September 8, 2020 with Mayor Martin presiding. Mayor Martin read the header. Patrick Sypolt gave a presentation on the renovations. Council Members present: CP Glenn, CM Zinner, CM Martin, CM Robertson, CM Ringsaker, and CM Boyer Comments from Citizens: None. The public hearing closed at 7:08 p.m. Public Hearing on Annexation Charter Resolution 289 concerning 1748 Pulaski Highway was called to order at 7:08 p.m. on September 8, 2020 with Mayor Martin presiding. Mayor Martin read the header. Council Members present: CP Glenn, CM Zinner, CM Martin, CM Robertson, CM Ringsaker, and CM Boyer Comments from Citizens: None. The public hearing closed at 7:11 p.m. Call to Order: The regular meeting of the Mayor and City Council was called to order on September 8, 2020 at 7:11 p.m. with Mayor Martin presiding. Roll Call: Present: CP Glenn, CM Zinner, CM Martin, CM Robertson, CM Ringsaker and CM Boyer. The Pledge of Allegiance was recited and opening prayer was given by Pastor Lynne Humphries-Russ of Hopewell United Methodist Church. Approval of Minutes: CM Zinner moved to approve the Council Meeting minutes of August 17, 2020. Seconded by CM Robertson. Motion carries 6-0. Comments from Citizens on Agenda Items: None Charles Hiner, 356 Congress Avenue, Havre de Grace commented on his support of the ordinance on Deeds of Dedication at the Woods of Bayview. Julie Ruhnke, 311-D Red Head Way, Havre de Grace commented that due to Covid-19, the Lock House Candlelight Tour changed the model and the tour will be on the patios of homes and not in homes. Appointments: A motion was made by CM Zinner and seconded by CM Robertson to approve the appointment of Jim Nemeth to the Historic Preservation Commission. Motion carries 6-0. A motion was made by CM Ringsaker and seconded by CP Glenn to approve the appointment of Jim Miller to the Planning Commission. Motion carries 6-0. Oaths of Office: Jim Nemeth and Jim Miller were sworn in by Mayor Martin. Recognitions: None Proclamations: None


Presentations: Legislative Briefing – Senator Robert Cassilly, Delegate Mary Ann Lisanti, and Delegate Steve Johnson presented information on the past legislative session (PowerPoint attached). The following bills were discussed: HB217-Electic Vehicle Shuttle, HB926/HB1277 Bond Bill for Harford Memorial Hospital, HDG High School, and approved bond bill for current HDG High School Auditorium. In regards to Covid-19, the delegates have been working to get unemployment insurance to affected residents. There is a need to be realistic of the current fiscal climate when planning in the future. Delegate Johnson shared a handout of the legislative wrap up of the 2020 session (attached). Mayor Martin thanked Delegate Mary Ann Lisanti, Delegate Steve Jonson, and County Councilman Andre Johnson for standing with Havre de Grace to keep Harford Memorial Hospital open during the pandemic so Harford County residents could have two full service hospitals during the crisis. CP Glenn inquired about the study by Upper Chesapeake on the path forward for the Harford Memorial Hospital building; Delegate Johnson replied he will let the Chairperson of his committee know the City has not received the study, Delegate Lisanti replied that Upper Chesapeake and the community should be working together with a plan and the approved bond bill will assist with repurposing the building. CM Boyer inquired about technology (access to broadband) in rural areas; Delegate Lisanti replied that beyond the infrastructure, she is investigating engaging with service providers such as Comcast & Verizon to guarantee internet access to students – other jurisdictions do this and the service provider pays the bill; CM Boyer also emphasized the need for newer lines and technology since small businesses that need to push out a lot of information on an encrypted line cannot come to Havre de Grace due to the old lines and old technology; Delegate Johnson discussed the high speed fiber optic loop that was installed around the county a few years ago with the intention of getting government buildings on it and then opening it to businesses and residents, which would pay for the maintenance of the system – currently, there are only 150 buildings on it so Delegate Johnson is looking into why it isn’t being offered to businesses and residents. CM Martin suggested that in the paradigm discussion on proposed changes to public policy that they add education as to how are we going to improve educating the youth of today. CM Zinner inquired about the fiber optic and who would be the provider since we have difficulty having them come to the table; Delegate Johnson replied that he has been talking to the County and they just put out a bid and he will send the information from the County to the Council members and keep us informed. CM Robertson remarked about 5G; Delegate Lisanti encouraged the City to revisit the permitting process legislation that was established since Verizon is doing an expansion with 5G. Lafayette Trail – Joe Smith gave a summary of the history of the app, thanked Julie Ruhnke for getting the project off the ground, Kathy Keen for her support and putting together all the content, and Adam Rybczynski for his support. Joe Smith also thanked Delegate Lisanti for her support in getting the grant from Lower Susquehanna Heritage Greenway. Julie Ruhnke and Kathy Keen presented information on the mobile app for the Lafayette Trail (PowerPoint attached). Other tours are planned for the mobile app – Trees and Public Art. There are brochures at the Visitor Center on how to order a plaque for those who would like to be a sponsor. A short recess was taken from 9:00 p.m. to 9:09 p.m. Resolutions: None Ordinances:

Ordinance 1039 concerning Peddling and Soliciting: Second Reading: (CM Ringsaker) AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF HAVRE DE GRACE ADOPTED PURSUANT TO THE AUTHORITY OF ARTICLE XI-E OF THE MARYLAND CONSTITUTION, THE LOCAL GOVERNMENT ARTICLE OF THE ANNOTATED CODE OF MARYLAND, AND SECTIONS 33 AND 34 OF THE HAVRE DE GRACE CITY CHARTER, FOR THE PURPOSE OF AMENDING SECTIONS 1, 2, 3, 4, 6, 7, 8 TO MAKE CERTAIN TECHNICAL AND GRAMMATICAL CORRECTIONS AND TO ADD SECTION 127-10 FOOD TRUCK REQUIREMENTS OF THE CITY CODE CHAPTER 127 TITLED PEDDLING AND SOLICITING. A motion to introduce on second reading was made by CM Ringsaker with a second by CM Zinner. Motion carries 6-0.


CM Ringsaker made a motion to adopt Ordinance 1039 on second reading with a second by CM Robertson. CM Ringsaker stated his amendments: Line 131 - after the word license, add “other than a health department license,” - this closes a possible loophole in the language. CM Ringsaker made a motion to accept the amendment with a second by CM Martin. After a question on clarification of the language, CM Ringsaker amended his motion to change the language to: “all persons engaged in a business or occupation for which they are required to obtain a state or county license, other than health department licenses” with a second by CM Martin. Motion carries 6-0. Line 172- after oil, add “, wastewater and trash” CM Ringsaker made a motion to accept the amendment with a second by CM Robertson. Motion carries 6-0. Line 166 - change “signature” to “signage” and Line 90 & 91 for consistency, change Planning Director to Director of Planning. CM Ringsaker made a motion to accept the friendly amendments; no objections. CM Ringsaker made a motion to suspend the rules to make amended Ordinance No. 1039 effective upon signature of the Mayor with a second by CM Zinner. After discussion to clarify the effective date for this ordinance, the motion was withdrawn. CM Boyer made a motion to amend Section 127-10, Section B to add Section 3, “If a licensee causes damage to City property, such licensee shall reimburse the City for the damages caused. Further, no future license shall be issued to the licensee until the reimbursed cots are fully paid.” Second by CM Ringsaker. Motion carries 6-0. Roll call vote on second reading and adoption as amended. Motion carries 6-0 on second reading. Ordinance 1040 concerning Adequate Public Facilities: Second Reading: (CM Ringsaker) 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, BY ESTABLISHING ADEQUATE PUBLIC FACILITIES STANDARDS FOR SCHOOLS, ROADS AND WATER AND SEWER INFRASTRUCTURE. A motion to introduce on second reading was made by CM Ringsaker with a second by CM Martin. Motion carries 6-0. CM Ringsaker made a motion to adopt Ordinance 1040 on second reading with a second by CM Martin. CM Ringsaker made a motion to approve the following friendly amendments: Line 110 – replace “shall” with “will” Line 382 – replace “Subsection C” with “this section” Line 519 – insert a space between paragraphs c and d Line 598-600 – indent the paragraph consistent with format of document. No objections. Roll call vote on second reading and adoption as amended. Motion carries 6-0 on second reading. Ordinance concerning Deeds of Dedication for Roadways at the Woods of Bayview: First Reading (CP Glenn) AN ORDINANCE BY THE MAYOR AND CITY COUNCIL OF THE CITY OF HAVRE DE GRACE, MARYLAND ADOPTED PURSUANT TO THE AUTHORITY OF ARTICLE XI-E OF THE MARYLAND CONSTITUTION, THE LOCAL GOVERNMENT ARTICLE OF THE ANNOTATED CODE OF MARYLAND, CITY CHARTER SECTIONS 33, 34, 65, 66 AND 73 CONCERNING THE CITY’S ACQUISITION OF ROADS AND DEEDS OF DEDICATION FOR HEMLER COURT, HARBOR COURT, HALL COURT AND SPINNAKER WAY. A motion to introduce on first reading was made by CP Glenn with a second by CM Robertson. Motion carries 6-0. It will be Ordinance 1041. CP Glenn made a motion to approve Ordinance 1041 on first reading with a second by CM Robertson. Roll call vote on first reading and adoption. Motion carries 6-0 on first reading. The Public Hearing was set for September 21, 2020.


Old Business: None New Business:

Proposed Budget Amendment 2021-01 – CM Robertson moved to introduce the first budget amendment with a second by CM Ringsaker. This amendment will allow the City to use bond proceeds and grant funds in the upcoming budget year. Motion carries 6-0. The amounts were read into the record (attached). Special Event: Lock House Museum Candlelight Tour 2020 on December 12, 2020 at various locations. Director of Administration, Patrick Sypolt presented information on the special event. CM Zinner moved to approve with a second by CM Robertson. Motion carries 6-0. Directors Report: Patrick Sypolt, Director of Administration: Mr. Sypolt reported on Covid-19; City residents are doing a good job of keeping the numbers suppressed, but we don’t want to let our guard down. Mr. Sypolt suggested residents limit their trips to City Hall by paying their bills online and teleconferencing when possible. Stay tuned to the website to stay connected – we are working on trying to pull some events together before the end of the year. Shane Grimm, Director of Planning: Mr. Grimm thanked the Council members for passing the Adequate Public Facilities ordinance. The Planning Commission will be meeting on September 14 at 6:30 p.m. to review Parcels P and F for Bulle Rock; the meeting is open to the public and will also be live streamed; Parcel P is 75 new single family residential lots and Parcel F is on the golf course side for 102 single family residential lots. In regards to the Critical Area Program and the mapping, the DNR Critical Area Commission is resuming their state mapping updates and have information online; the Commission will send individual letters to affected property owners. Erika Quesenbery Sturgill, Director of Economic Development: Ms. Quesenbery Sturgill was on vacation and will give her report at the next meeting. George DeHority, Director of Finance: Mr. DeHority thanked the Council members for the approval of the budget amendment. Mr. DeHority presented the current financial condition of General Fund 1, Water/Sewer Fund 9 and Marina Fund 8. Tim Whittie, Director of Public Works: Mr. Whittie presented an update on all City projects, such as moving ahead with the capital projects, issuing a notice to proceed to replace tanks at the marina, cleaning out storm drains to help with flooding, and dredging out Lily Run. The living shoreline project is moving along. Chief Teresa Walter, Havre de Grace Police Department: Chief Walter cautioned for everyone to watch their speed; a lot of citations have been written, especially along Route 155 going up the hill and coming down the hill. It is important that we remember September 11 and keep in mind all the victims on that day. Business from Mayor Martin: Mayor Martin commented that he never missed a Council Meeting as Mayor until August 17 due to Covid-19. The Mayor thanked CP Glenn for doing a superb job filling in and thanked everyone in the community for their overwhelming support and well wishes. Havre de Grace had 52 cases as of July 1, 86 cases as of July 31, 137 cases as of August 31, and 144 cases as of September 8. Mayor Martin gave his experience; the virus seems to find your body’s weakness and amplifies that weakness. The Mayor wants people to remember that this is floating around and you don’t want to get it so continue to wear your mask, wash your hands, and keep social distancing to stay safe and protect those around you. The City of Havre de Grace handed out give-a-ways (masks, bags, stickers, coasters) at the Farmers Market to remind people to wear your mask, wash your hands and social distance; he hopes to do one more give-a-way by the end of September. This year is the 19th anniversary of September 11 – please take a moment to reflect upon that day.


Business from Council: Council Member Robertson: The Economic Development Advisory Board meeting is scheduled for September 16 at 4 p.m.; it will be live streamed. September 12 is National American Legion 100 Miles for Military Families; there will be a 10-mile kayak trip from North East Park to American Legion pavilion; visit the American Legion Facebook page for more details. As it relates to Covid-19, his grandfather, whom was a pastor, would tell him God doesn’t give us a spirit of fear, but gives us a spirit of discernment – CM Robertson believes the school system is being discerning in their decision-making and requested we exercise patience and empathy for the teachers and to have empathy and compassion for others during Covid-19. Council Member Martin: Thanked Mayor Martin for sharing his experience with Covid-19. Congratulated and thanked Jim Nemeth and Jim Miller for their appointments. Council Member Ringsaker: Commented on his experience with online learning for the first time with his children. Thanked everyone for passing Ordinance 1039 and 1040. Commended the Planning Department for doing yeoman’s work updating a lot of the code to hold developers accountable so outside interests don’t take advantage of Havre de Grace. Council Member Boyer: Thanked the delegation for coming and sharing information. Reported on the tour of the City she joined with the Economic Development Director and a group from Snow Hill, Maryland and encouraged other Council members to take advantage of tours as it helps to put in perspective the incredible improvements our City has made over the years; Snow Hill has invited us to come down for a tour- they have an oyster roast every year and Goat Island that helps keep the vegetation down. The Havre de Grace Twinning and Cultural Exchange Commission will sponsor a virtual visit from October 4-10 with Mumbles; this is a work in progress. The Green Team Victory Project has donated over 960 pounds of food to local food pantries – they are on track of exceeding their goal to provide more than 1,000 pounds of food. The composting is doing exceptionally well with an average of 800 pounds of waste per week being diverted from waste stream; the program is being used as a model by an Annapolis community. The Green Team will be at the Farmers Market on September 12 & 19 to promote and educate the public about the program; as a reminder, we are getting into pumpkin season and pumpkins are compostable. On behalf of everyone who worked so hard on the Warrior Proud effort, we are thrilled to see the new middle/high school open. Council Member Zinner: Thanked the delegation for attending. Thanked Jim Nemeth and Jim Miller for volunteering. The Maryland Historic Trust is offering $300,000 in grant money so the Havre de Grace Historic Foundation has submitted a grant application with the hope to get $50-$60,000 in kind and donations along with $40,000 in grant funds to catalogue additional homes; we should find out in November if the grant was awarded and would start full steam in March. The next Historic Preservation Commission meeting is September 15 at 7 p.m. using Zoom and live streamed on YouTube. For the Census responses, Maryland is 18th in the country at 90.6%, Harford County is 3rd in the state at 77.1%, Havre de Grace is in the top 25% at 74.7% (this tops the 2010 responses at 71%) and we still have until the end of September; attended a webinar with the Census Bureau and Maryland members of Congress to discuss how to get to 100% response rate in Maryland. In regards to voting, Maryland is going to canvas their mail-in ballots beginning October 1; Maryland allows you to check the status of your mail-in ballot so you know if your vote was counted. Business from Council President Glenn: Warrior Proud moments: (1) Harford County Commission for Women celebrated the next generation of women leaders by recently recognizing young women in grades 7-12 who are dedicated to compassionate community service and superior academic achievement with Harford County Women of Tomorrow awards; three very special young women from our community were recognized for this very prestigious honor – Lannon Fritts, Renee Hartmann and Morgan Teefy – congratulations on this well-deserved honor – they truly reinforce the Havre de Grace motto, “Enter to Learn, Leave to Serve”. (2) There are those heroes who work behind the scenes with little or no recognition– the Havre de Grace Patch reported on one such hero - Anthony Alvarez who is a dedicated employee in the paint department at Home Depot. He has worked long hours during this pandemic to ensure homeowners


had access to critical maintenance resources. More importantly, he has worked extra hours, giving up his personal time with friends and family so that high-risk co-workers who were not able to continue working during Covid-19 due to underlying health issues. He wanted to ensure they were safe and he did this all working only for minimum wage. Without a doubt, Anthony truly cares about others. On behalf of Mayor Martin and this City Council, Anthony Alvarez, I want to personally thank you for all you do. (3) Last, but certainly not least, I want to pay tribute to two of my heroes. My mom and dad. Mom just recently celebrated her birthday in August and tonight my dad is celebrating his birthday, he is 87 years young, but today he is also celebrating a very important anniversary - today marks that he has officially been an active volunteer firefighter for 69 years. You heard it right, at the age of 87 years young, he still answers the call when the alarm goes off. However, I don’t think he gets out of bed anymore when the alarm goes off at 3 a.m. for a dumpster fire and who could blame him. They always stressed honesty, integrity, trust, and selfless service. Honesty – they always instilled in us to tell the truth. Integrity – always be consistent and uncompromising adherence to strong moral and ethical principles. Trust – trust your heart to do the right things for all the right reasons. And last but not least, Selfless Service - give of yourself without expecting anything in return. My dad serving as an active volunteer firefighter for 69 years truly speaks for itself. Bottom line, they taught my brother and I the true meaning of respect and anything we have been able to accomplish in our lifetime is due in large part to the foundation they laid for us. Thanks for all you do and as a long time Little League Coach, by having you as parents, I hit a grand slam. I love you both, thank you for all you do. Comments from Citizens: None CM Robertson made a motion to adjourn at 10:52 p.m. with a second by CM Martin. Motion carries 6-0. Video recording of the City Council Meeting may be viewed online through Harford Cable Network or City of Havre de Grace YouTube channel. Respectfully submitted, Tamara Brinkman

Ordinance No. 1041

1 Ordinance No. 1041 Ishak – Revision #2 9/3/2020

CITY COUNCIL 1

OF 2

HAVRE DE GRACE, MARYLAND 3 4

ORDINANCE NO. 1041 5 6

7 Introduced by Council President Glenn 8 9

AN ORDINANCE BY THE MAYOR AND CITY COUNCIL OF THE 10 CITY OF HAVRE DE GRACE, MARYLAND ADOPTED PURSUANT 11 TO THE AUTHORITY OF ARTICLE XI-E OF THE MARYLAND 12 CONSTITUTION, THE LOCAL GOVERNMENT ARTICLE OF THE 13 ANNOTATED CODE OF MARYLAND, CITY CHARTER SECTIONS 14 33, 34, 65, 66 AND 73 CONCERNING THE CITY’S ACQUISITION OF 15 ROADS BY DEEDS OF DEDICATION FOR HEMLER COURT, 16 HARBOR COURT, HALL COURT AND SPINNAKER WAY. 17

18 On: 9/8/2020 19 at: 7:00 p.m. 20

Ordinance introduced, read first time, ordered posted and public hearing scheduled. 21 22 23

PUBLIC HEARING 24 A Public Hearing is scheduled for September 21, 2020 at 7:00 p.m. . 25 26

EXPLANATION

Underlining indicates matter added to existing law. [Bold Brackets] indicate matter deleted from existing law. Amendments proposed prior to final adoption will be noted on a separate page with line references or by handwritten changes on the draft legislation.

27 WHEREAS, Woods of Bayview HOA, has ownership of all roadways, storm water facilities 28 and common areas within the Woods of Bayview subdivision, recorded on various plats recorded 29 among the Land Records of Harford County, including Plat; and 30 31 WHEREAS, the HOA membership approved, by a majority vote of the homeowners, to transfer 32 and record the roads and ways, namely, Hemler Court, Harbor Court, Hall Court and Spinnaker 33

Ordinance No. 1041


Way to the City of Havre de Grace, at such time as the HOA improves those road systems to 34 standards as set forth by the Engineering Firm GEO-TECH and to the satisfaction of the Havre 35 de Grace Director of DPW; and 36 37 WHEREAS, on October 1, 2018, the City Council approved Resolution 2018-18 (Exhibit 1) 38 which involved a Memorandum of Understanding outlining the terms and conditions under 39 which roadbeds will be transferred to the City; and 40 41 WHEREAS, the Owners have completed all requirements described under the MOU terms and 42 conditions, including an onsite inspection of the road bed, as well as a HOA fee reduction 43 schedule for the next three years as attested to in a signed document by the HOA Board of 44 Directors. (Exhibit 2); and 45 46 WHEREAS, the City Attorney and Director of the Department of Public Works determined that 47 the dedicated portions of Hemler Court, Harbor Court, Hall Court and Spinnaker Way include 48 ONLY the road surfaces, and not the curb, gutter-pan or sidewalks, and the City by this 49 Ordinance accepts the dedication of these roads as more fully described in the attached Deed and 50 surveyed plats prepared by Morris & Ritchie Associates, Inc. (Exhibit 3); 51 52 NOW THEREFORE, it is this _____ day of September 2020 determined, decided and resolved 53 by a majority of the City Council members that the dedicated portions of the road beds of 54 Hemler Court, Harbor Court, Hall Court and Spinnaker Way including ONLY the roads, and not 55 the curb, gutter-pan or sidewalks, shall be accepted, used and maintained as a public street and 56 that the deeds of dedication transferring fee simple ownership to the City are appropriate and are 57 hereby ratified, approved and confirmed. 58 59 ADOPTED by the City Council of Havre de Grace, Maryland this __ day of _____, 2020. 60 61 SIGNED by the Mayor and attested by the Director of Administration this ____ day of 62 ________, 2020. 63 64 ATTEST: THE MAYOR AND CITY COUNCIL 65

OF HAVRE DE GRACE, MARYLAND 66 67

__________________________________ _________________________________ 68 Patrick D. Sypolt William T. Martin 69 Director of Administration Mayor 70 71 Introduced/First Reading: 9/8/2020 72 Public Hearing: 9/21/2020 73 Second Reading/Adopted: [mm/dd/yyyy] 74 Effective Date: [mm/dd/yyyy] 75

Legislative History 76 Refer to Resolution 2018-18 77 78

Ordinance No. 1041


Exhibit 1 79

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Exhibit A (of Resolution 2018-18)

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Exhibit 2 84

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Exhibit 3 89

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City Council Agenda 9/21/2020 1

COUNCIL MEETING AGENDA September 21, 2020

7:00 p.m.

Public Hearing for Ordinance 1041 concerning Deeds of Dedication for Roadways at the Woods of Bayview AN ORDINANCE BY THE MAYOR AND CITY COUNCIL OF THE CITY OF HAVRE DE GRACE, MARYLAND ADOPTED PURSUANT TO THE AUTHORITY OF ARTICLE XI-E OF THE MARYLAND CONSTITUTION, THE LOCAL GOVERNMENT ARTICLE OF THE ANNOTATED CODE OF MARYLAND, CITY CHARTER SECTIONS 33, 34, 65, 66 AND 73 CONCERNING THE CITY’S ACQUISITION OF ROADS BY DEEDS OF DEDICATION FOR HEMLER COURT, HARBOR COURT, HALL COURT AND SPINNAKER WAY. 1. Call to Order

2. Roll Call

3. Pledge of Allegiance

4. Opening Prayer: Evangelist Gene Proud, Proud Evangelistic Association

5. Approval of the Minutes:

A. City Council Minutes – September 8, 2020

6. Comments from Citizens on Agenda Items

7. Appointments: A. Board of Appeals (CP Glenn)

i. Samuel J. Cubberley – Reappointment

8. Recognition: None

9. Proclamation: Code Enforcement Compliance Month

10. Presentation: A. Living Shoreline – Stephanie Noye

11. Resolution:

A. Annexation Charter Resolution 289 concerning 1748 Pulaski Highway: Second Reading (CM Ringsaker) 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 BY RESOLUTION TO AMEND THE CITY CHARTER, SPECIFICALLY APPENDIX A OF THE HAVRE DE GRACE CHARTER BY ADDING “SUBSECTION A.35 THE SECOND 2020 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 1748 PULASKI HIGHWAY CONSISTING OF TWO PARCELS FOR A TOTAL OF 1.57 ACRES MORE OR LESS.

City Council Agenda 9/21/2020 2

12. Ordinances:

A. Ordinance concerning Deed of Dedication for Bulle Rock Parkway: First Reading (CP Glenn) AN ORDINANCE BY THE MAYOR AND CITY COUNCIL OF THE CITY OF HAVRE DE GRACE, MARYLAND ADOPTED PURSUANT TO THE AUTHORITY OF ARTICLE XI-E OF THE MARYLAND CONSTITUTION, THE LOCAL GOVERNMENT ARTICLE OF THE ANNOTATED CODE OF MARYLAND, CITY CHARTER SECTIONS 33, 34, 65, 66 AND 73 CONCERNING A DEED OF DEDICATION FOR 2.17 ACRES (MORE OR LESS) OFF OF BULLE ROCK PARKWAY, IN THE AREA OF THE BULLE ROCK WATER TOWER.

B. Ordinance concerning Amendment to Chapter 205: Zoning to Add Personal Care Boarding Home: First Reading (CM Ringsaker) AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF HAVRE DE GRACE ADOPTED PURSUANT TO THE AUTHORITY OF ARTICLE XI-E OF THE MARYLAND CONSTITUTION, THE LOCAL GOVERNMENT ARTICLE OF THE ANNOTATED CODE OF MARYLAND, AND SECTIONS 33 AND 34 OF THE HAVRE DE GRACE CITY CHARTER, FOR THE PURPOSE OF AMENDING CITY CODE CHAPTER 205: ZONING TO ADD “PERSONAL CARE BOARDING HOME” AS A CONDITIONAL USE IN THE R1 AND R2 DISTRICTS.

13. Old Business: None

14. New Business: None

15. Directors Report:

A. Mr. Patrick Sypolt – Director of Administration B. Mr. Shane Grimm – Director of Planning C. Mrs. Erika Quesenbery Sturgill – Director of Economic Development D. Mr. George DeHority – Director of Finance E. Mr. Tim Whittie – Director of Public Works F. Chief Teresa Walter – Chief of Police

16. Business from Mayor Martin

17. Business from Council:

A. Council Member Martin B. Council Member Ringsaker C. Council Member Boyer D. Council Member Zinner E. Council Member Robertson F. Business from Council President Glenn

18. Comments from Citizens

19. Adjournment

Annexation Resolution No. 289

1 Annexation Resolution No. 289 Ishak – Revision 2 8/4/2020

CITY COUNCIL 1

OF 2


ANNEXATION RESOLUTION NO. 289 5 6 Introduced by Council Member Ringsaker 7 8

A RESOLUTION BY THE MAYOR AND CITY COUNCIL OF 9 HAVRE DE GRACE, MARYLAND, ADOPTED PURSUANT TO THE 10 AUTHORITY OF THE MARYLAND CONSTITUTION, ARTICLE 11 XI–E AND THE PROVISIONS OF THE ANNOTATED CODE OF 12 MARYLAND, LOCAL GOVERNMENT ARTICLE SUBTITLE 3: 13 AMENDMENT OR REPEAL OF CHARTER, AND SUBTITLE 4: 14 ANNEXATION AUTHORIZING THE LEGISLATIVE BODY OF A 15 MUNICIPALITY TO ANNEX PROPERTY EXTENDING THE 16 BOUNDARIES OF THE MUNICIPALITY BY RESOLUTION TO 17 AMEND THE CITY CHARTER, SPECIFICALLY APPENDIX A OF 18 THE HAVRE DE GRACE CHARTER BY ADDING “SUBSECTION 19 A.35 THE SECOND 2020 ADDITION TO THE CITY BOUNDARIES,” 20 ALONG WITH THE LEGAL DESCRIPTION OF THE ACRES OF 21 LAND WHICH WILL ENLARGE THE BOUNDARIES OF THE CITY 22 OF HAVRE DE GRACE TO INCLUDE THE LAND OF 1748 PULASKI 23 HIGHWAY CONSISTING OF TWO PARCELS FOR A TOTAL OF 24 1.57 ACRES MORE OR LESS 25

26 WHEREAS, the land subject to this annexation resolution is eligible for annexation since 27 the land is contiguous and adjoining the existing corporate boundaries of the City, and the 28 annexation will not create an unincorporated area bounded on all sides by: (i) property presently 29 within the corporate limits of the City; (ii) real property proposed to be within the corporate limits 30 of the City as a result of the proposed annexation; or (iii) any combination of such properties; and 31

WHEREAS, the owners of not less than twenty-five percent (25%) of the assessed value 32 of the real property to be annexed consent to the annexation, and there are no resident voters on 33 the land being annexed and therefore the annexation meets the requirements of Section 4-404 of 34 the Local Government Article of the Annotated Code of Maryland; and 35

WHEREAS, The Mayor and City Council of Havre de Grace, Maryland have previously 36 adopted an Annexation Plan for the Property subject to this Annexation Resolution pursuant to 37 City of Havre de Grace Resolution No. 2020-17; and 38

WHEREAS, The Mayor and City Council of Havre de Grace, Maryland have determined 39 that the annexation of the 1.57 acres of land more or less consisting of two parcels, located at 1748 40



Pulaski Highway as more specifically defined herein (“Property”) is in the best interest of the 41 health and welfare of the citizens of Havre de Grace. 42

NOW THEREFORE BE IT RESOLVED, ORDAINED, AND ENACTED BY THE 43 MAYOR AND CITY COUNCIL OF HAVRE DE GRACE, MARYLAND AS FOLLOWS: 44

SECTION 1. The Appendix to the Charter of the Mayor and City Council of Havre de 45 Grace, Maryland is hereby amended to add a new Subsection A.35 The Second 2020 Addition to 46 the City Boundaries to read as set forth in the legal description attached hereto as Exhibit A and 47 incorporated by reference herein. (“Property”). 48

SECTION 2. The Mayor and City Council of Havre de Grace, Maryland and the requisite 49 owners of the properties hereby annexed agree that the conditions and circumstances applicable to 50 the change in the boundaries of the City of Havre de Grace caused by this annexation and to the 51 property within the area hereby annexed are as provided in the applicable Charter provisions, laws 52 and ordinances of the State of Maryland and the City of Havre de Grace, except as follows: 53

(a) The Property is currently given a County zoning destination of Commercial 54 Industrial (CI) on the official zoning maps of Harford County. The zoning designation in the City 55 that the Mayor and City Council shall assign to the Property is Commercial (C) as defined in the 56 Havre de Grace Zoning Ordinance. 57

(b) City water and sewer service shall be provided to the Property hereby annexed at 58 generally applicable rates and pursuant to conditions generally applicable to other City-owned 59 properties within the corporate boundaries of the City of Havre de Grace at such time the Mayor 60 and City Council of Havre de Grace approve development of the Property. The cost to construct 61 any facilities necessary to provide water and sewer service to the Property shall be paid according 62 to the laws, rules, regulations and policies, specifications, standards and approvals (including state 63 and county, if any), existing or required at the time of construction, including any applicable 64 recoupment agreements authorized under the Annexation Resolution, and in accordance with the 65 Annexation Plan adopted under Resolution 2020-17 attached hereto and marked Exhibit B. 66

(c) The Mayor and City Council of Havre de Grace, Maryland acknowledge that a 67 legal description of the Property has been prepared by a professional engineer and reviewed by the 68 City. 69

(d) The terms and conditions of this Resolution are consistent with the Annexation 70 Policy of the Mayor and City Council of Havre de Grace, Maryland established by City Code 71 Section 20 (“Annexation Policy”), a copy of which is attached hereto as Exhibit C. 72

SECTION 3. AND BE IT FURTHER RESOLVED that, promptly after the introduction 73 and first reading of this Resolution by the Mayor and City Council of Havre de Grace, Maryland, 74 the Director of Administration shall create a public notice, briefly and accurately describing the 75 proposed change and the conditions and circumstances applicable. The aforesaid notice shall be 76 published two (2) times at not less than weekly intervals in a newspaper or newspapers of general 77 circulation in the City of Havre de Grace and the area to be annexed, as the area to be annexed is 78 less than 25 acres. The aforesaid public notice shall state a time, not less than fifteen (15) days 79



after the second (2nd) publication thereof and not less than 30 days after the Annexation Plan 80 Resolution 2020-17 is approved, provided to the regional and national planning agencies, and the 81 place within the City of Havre de Grace at which a public hearing shall be held to consider public 82 comment to consider this Resolution. The public hearing may be continued or rescheduled in 83 accordance with the requirements set forth in Local Government Article of the Annotated Code of 84 Maryland. Immediately upon the first publication of the specified public notice, a copy of the 85 public notice and other relevant documents shall be provided to the Harford County Council, the 86 Harford County Executive, the Director of the Harford County Department of Planning and 87 Zoning, the Planning Commission of the City of Havre de Grace, and to any other regional or state 88 planning agency having jurisdiction over the property, including the Executive Director of the 89 Baltimore Metropolitan Council. 90

SECTION 4. AND BE IT FURTHER RESOLVED that, this Annexation Resolution 91 shall become effective forty-five (45) days after its enactment by the Mayor and City Council of 92 Havre de Grace, Maryland, provided this Resolution is read and passed by an affirmative vote of 93 a majority of the Council members present at a second reading of the Resolution at a regular City 94 Council meeting after the conclusion of the public hearing and any continuation thereof as 95 prescribed by the Local Government Article Section 4-407 of the Annotated Code of Maryland (as 96 amended) and also provided that a proper petition for referendum calling for an election related to 97 the annexation is not filed as permitted by law. 98

SECTION 5. AND BE IT FURTHER RESOLVED that, if any section, subsection, 99 paragraph, sentence, clause, phrase or word of this Resolution or its application to any person or 100 circumstances is held invalid by any court of competent jurisdiction, the remaining sections, 101 subsections, paragraphs, sentences, clauses, phrases, and words of this Resolution, or the 102 application of the provision to other persons or circumstances then in effect, shall continue in full 103 force and effect. 104

SECTION 6. AND BE IT FURTHER RESOLVED, by the Mayor and City Council of 105 Havre de Grace, Maryland, that the Director of Planning shall promptly register the original and 106 the new corporate boundaries of the City of Havre de Grace with the Clerk of the Circuit Court of 107 Harford County and the Department of Legislative Reference for the State of Maryland when this 108 Resolution takes effect. 109

SECTION 7. AND BE IT FURTHER RESOLVED, by the City Council of Havre de 110 Grace, Maryland that the Mayor is authorized to enter into an Annexation Agreement with the 111 recommendation of the Director of Planning, the Director of the Department of Public Works, and 112 the City Attorney to implement the purposes of this Annexation Resolution. 113

SECTION 8. AND BE IT FURTHER RESOLVED, that the Mayor is authorized to enter 114 into a Public Works Agreement with the recommendation of the Director of the Department of 115 Public Works and the City Attorney, to implement the purposes of this Annexation Resolution. 116

117

[Signatures to follow on next page.] 118



Adopted by the City Council and attested the Director of Administration this ___ day of 119 _________, 2020. 120 121 122 ATTEST: THE MAYOR AND CITY COUNCIL 123


__________________________________ _________________________________ 126 Patrick D. Sypolt William T. Martin 127 Director of Administration Mayor 128 129 130 Introduced: 08/03/2020 131 Public Hearing: 9/8/2020 132 Adopted: [__/__/2020] 133 Effective Date: [__/__/2020] (45 days from adoption) 134

Attachments: 135

Exhibit A – Property Description 136 Exhibit B – Resolution 2020-17 - Annexation Plan 137 Exhibit C – City Code Section 20 – Annexation Policy 138

139



Exhibit A 140



141



142



Exhibit B 143

CITY COUNCIL 144

OF 145


RESOLUTION NO. 2020-17 148 149 Introduced by 150 151

A RESOLUTION BY THE CITY COUNCIL OF HAVRE DE GRACE, 152 MARYLAND, ADOPTED PURSUANT TO THE AUTHORITY OF THE 153 MARYLAND CONSTITUTION ARTICLE XI-E AND THE PROVISIONS 154 OF THE ANNOTATED CODE OF MARYLAND, LOCAL GOVERNMENT 155 ARTICLE SECTION 4-405, AND CITY CHARTER SECTION 34 156 ADOPTING AN ANNEXATION PLAN FOR THE LANDS OF 1748 157 PULASKI HIGHWAY CONSISTING OF TWO PARCELS FOR A TOTAL 158 OF 1.57 ACRES MORE OR LESS 159

WHEREAS, the Mayor and City Council of Havre de Grace seek to annex certain property 160 known as 1748 Pulaski Highway/Route 40 and adopt this Annexation Plan in furtherance of a 161 proposed Charter Resolution for Annexation; and 162

WHEREAS, the property consists of two parcels owned by Havre de Grace Mini Storage 163 LLC, which parcels are contiguous and are located on the east side of Pulaski Highway south of 164 the Stack and Store mini storage facility, situate and lying in the Sixth Election District of Harford 165 County, Maryland as set forth more fully below (collectively, the annexed areas are referred here 166 as the “Property”); and. 167

WHEREAS, the Property is reflected on the attached plat marked Exhibit A and said 168 properties sit on the east side of Pulaski Highway, Route 40, adjacent to the Stack and Store mini 169 storage parcel and west of the Amtrak right of way, which is within the municipal limits of the 170 City of Havre de Grace (“City”); and 171

WHEREAS, the annexation is consistent with the City’s Comprehensive Plan, and 172 specifically the Municipal Growth Element and expansion along Route 40; 173

NOW THEREFORE, the Mayor and City Council adopt the following Annexation Plan 174 for the Property: 175

1. THE ANNEXATION PLAN FOR THE LANDS OF 1748 PULASKI HIGHWAY 176 CONSISTIN OF TWO PARCELS LOCATED EAST OF PULASKI HIGHWAY, IN 177 THE SIXTH ELECTION DISTRICT WITH TAX ID NUMBERS 06-006078 (1.25 178 ACRES), 06-045057 (0.32 ACRES), CONSISTING OF A TOTAL OF 1.57 ACRES 179 MORE OR LESS.180

1 The revision was to correct a typographical error in the original document which was not caught until after approval by Council and signature by the Mayor. There is no substantive change to the Resolution. 9 Annexation Resolution No. 289

Ishak – Revision 2 8/4/2020

2. Introduction. The Property proposed to be annexed in this Plan are situated along 181 Pulaski Highway (Route 40) at the eastern side of south of the Stack and Store mini 182 storage facility. For identification purposes, the Property being annexed consists of two 183 separate parcels known as 1748 Pulaski Highway, with the total acreage being 1.57 184 acres, more or less. The entire area to be annexed is reflected on Exhibit A, acquired 185 by the owners by virtue of and more particularly described in, the following: 186

PARCEL 1: 1748 Pulaski Highway, Tax Map 52, Parcel 1871, Account ID No. 06-187 006078, and described in a Deed dated November 16, 2018 and recorded among 188 the Land Records of Harford County, Maryland, in Liber 13073, folio 00241, from 189 Bayside Homes Ltd. to Havre de Grace Mini Storage LLC, consisting of 1.25 acres 190 more or less. 191

PARCEL 2: Designated as Lot 0.32 acres, Tax Map 52, Parcel 203, Account ID 192 No. 06-045057, and described in a Deed dated November 16, 2018 and recorded 193 among the Land Records of Harford County in Liber 13073, folio 241, from 194 Bayside Homes Ltd. to Havre de Grace Mini Storage LLC, consisting of 0.032 195 acres more or less. 196

3. Current Conditions. Currently there are no homes located on the Property and no 197 resident voters. The Property is not currently serviced with City water or sewer. 198 199

4. Current Zoning. The Property is currently zoned CI/Commercial Industrial district on 200 the official zoning maps of Harford County. 201 202

5. Future Proposed Use. Major change is proposed for as the developer has indicated an 203 interest in constructing an addition to the Stack and Store mini storage located on the 204 adjacent parcel. The specific proposed use may change and is not finalized. 205 206

6. Proposed Zoning. Proposed zoning for the Property will be C/Commercial. 207 Amendment to the City’s zoning code will not be required for the proposed use. The 208 proposed zoning is also consistent with the Comprehensive Plan for the City of Havre 209 de Grace. 210 211

7. Public Facilities. There is currently no requirement that the land subject to this 212 Annexation Plan be set aside for a school site, water or sewer treatment facilities, 213 libraries, recreation, or fire, EMS or police departments, except for a construction of a 214 water line from the City’s water line to the subject property at the property owner’s 215 expense that will serve the proposed development project. The current annexation shall 216 be reviewed for anticipated infrastructure needs. As for water and sewer capacity, the 217 City estimates that it currently has the water and sewer capacity for the property. 218 However, infrastructure improvements for water pressure and volume of delivery may 219 be required. Until the site plan is approved, water and sewer capacity remain 220 uncommitted and not guaranteed. Sewer lines must be extended to the property, and 221


any recorded recoupments will need to be collected. If there are any required 222 infrastructure improvements, including but not limited to water and sewer capacity or 223 distribution, they shall all be paid for by the owner/developers of the property along 224 with required bonding for performance and maintenance. The owners/developers of the 225 Property shall be charged the standard capital cost recovery charges, user benefit fees 226 and all other fees and charges associated with connection to the City’s water and sewer 227 systems. Water and Sewer service rates shall be charged at the generally applicable 228 rates and pursuant to the conditions generally applied by the City. The Property may 229 be subject to recoupment agreements for water and sewer as may be authorized by the 230 Annexation Resolution, Annexation Agreement, or Public Works Agreement, or 231 separate agreements for capital cost recoupment that are recorded among the Land 232 Record for Harford County. 233 234

8. Trash Removal. The Property will be serviced by a private trash removal provider. 235 236

9. Fire Protection. Fire protection shall continue to be provided to the Property by the 237 Susquehanna Hose Company, Inc. pursuant to conditions applicable to the other 238 properties within the corporate boundaries of the City. 239 240

10. Schools – Library – Recreation. The scope of the development on the Property is 241 limited in size and will not include a residential component. As such, no recreation 242 element is required, and no additional school or library expansions will be needed as a 243 result of the proposed development. 244 245

11. Real Property Taxes. The Property shall be taxed by the City at generally applicable 246 rates. If the land is potentially subject to an abatement request due to an enterprise zone 247 designation and/or extensive recoupment fees, and if a request for an abatement is 248 made, the City acknowledges that it would consider such a request in accordance with 249 applicable law so long as the terms of this Annexation Plan have otherwise been 250 complied with by the owners and developers. 251 252

12. EMS. EMS protection shall be provided to the Property by the Havre de Grace 253 Ambulance Corps, Inc. pursuant to the conditions applicable to other properties within 254 the corporate boundaries of the City of Havre de Grace. 255 256

13. Police. Police protection shall be provided to the Property by the Havre de Grace Police 257 Department pursuant to the conditions to other properties within the corporate 258 boundaries of the City of Havre de Grace. 259 260

14. Timing of Municipal Services. Municipal services shall be provided at the time of 261 construction/development of the Property and prior to the issuance of any new use and 262 occupancy permit. 263 264


15. Annexation Agreement. The City and the owners/developers of the Property agree to 265 enter into an Annexation Agreement and/or Public Works Agreements detailing the 266 terms of this Annexation Plan and any other appropriate conditions, if required by the 267 City. The provisions of this Annexation Plan are to be considered minimum 268 requirements and additional requirements or more stringent requirements may be added 269 and addressed in an Annexation Agreement and/or Public Works Agreements. 270

271 NOW THEREFORE, it is this 3rd day of August, 2020 determined, decided and resolved by the 272 Mayor and City Council to adopt the Annexation Plan 273 274 275 ATTESTED by the Director of Administration and signed by the Mayor of the City of Havre de 276 Grace, Maryland this ____ day of , 2020. 277 278 279 ATTEST: THE MAYOR AND CITY COUNCIL 280


__________________________________ _________________________________ 283 Patrick D. Sypolt William T. Martin 284 Director of Administration Mayor 285 286 287 Introduced: 08/03/2020 288 Passed/Adopted: 08/03/2020 289 290 Effective Date: 08/03/2020 291

292


Exhibit A (of Resolution 2020-17)293


294


295


Exhibit C 296


297


298


299


300


301


302

Ordinance No.

1 Ordinance No. Ishak – 09/14/2020

CITY COUNCIL 1

OF 2


ORDINANCE NO. 5 6

7 Introduced by Council President Glenn 8

9 AN ORDINANCE BY THE MAYOR AND CITY COUNCIL OF THE 10 CITY OF HAVRE DE GRACE, MARYLAND ADOPTED PURSUANT 11 TO THE AUTHORITY OF ARTICLE XI-E OF THE MARYLAND 12 CONSTITUTION, THE LOCAL GOVERNMENT ARTICLE OF THE 13 ANNOTATED CODE OF MARYLAND, CITY CHARTER SECTIONS 14 33, 34, 65, 66 AND 73 CONCERNING A DEED OF DEDICATION FOR 15 2.17 ACRES (MORE OR LESS) OFF OF BULLE ROCK PARKWAY, IN 16 THE AREA OF THE BULLE ROCK WATER TOWER. 17 18

On: 9/21/2020 19 at: 7:00 p.m. 20


PUBLIC HEARING 24 A Public Hearing is scheduled for [date] at [time] . 25 26 27

EXPLANATION Underlining indicates matter added to existing law. [Bold Brackets] indicate matter deleted from existing law. Amendments proposed prior to final adoption will be noted on a separate page with line references or by handwritten changes on the draft legislation.

28

Ordinance No.


WHEREAS, Bulle Rock Investments, LLC. is the Owner ("Owner") of approximately 2.17 29 acres of unimproved land recorded among the Land Records of Harford County, identified as 30 Plat 122061 ("Plat"), Map 0044, (“Map”), Parcel, 0296 (“Parcel”), as depicted in Exhibit A of 31 the Resolution; and 32 33

WHEREAS, the Mayor and City Council of Havre de Grace have expressed an interest in 34 obtaining the parcel for open space for public use; and 35

36 WHEREAS, the Owner has determined the parcel has no value to the current ownership, 37

and is offering the land to the Citizens of Havre de Grace, as is and for “Zero” consideration, 38 other than legal fees for the proper transfer and recordation; and 39

40 NOW THEREFORE, it is this ____ day of _______, 2020 determined, decided and 41

ordained by a majority of the City Council members that the City prepare the deed of dedication 42 transferring fee simple ownership of the property to the City of Havre de Grace, and be it further 43 determined, decided and ordained that upon approval by the City Attorney for legal sufficiency, 44 and in consultation with the Director of the Department of Public Works, the Mayor is 45 authorized to execute such deed of dedication and take any other action to complete the 46 conveyance of the property. 47 48 49 ADOPTED by the City Council of Havre de Grace, Maryland this __ day of _____, 2020. 50 51 SIGNED by the Mayor and attested by the Director of Administration this ____ day of 52 ________, 2020. 53 54 ATTEST: THE MAYOR AND CITY COUNCIL 55


__________________________________ _________________________________ 58 Patrick D. Sypolt William T. Martin 59 Director of Administration Mayor 60 61 Introduced/First Reading: 09/21/2020 62 Public Hearing: [mm/dd/2020] 63 Second Reading/Adopted: [mm/dd/2020] 64 Effective Date: [mm/dd/2020] 65

Legislative History 66 Ordinance No. , As Amended, enacted [Date] 67

Ordinance No.


Exhibit A 68

Ordinance No.

2 Ordinance No. S. Grimm – 9/14/2020

CITY COUNCIL 1

OF 2


ORDINANCE NO. 5 6

7 Introduced by Council Member Ringsaker 8 9 10

AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF 11 HAVRE DE GRACE ADOPTED PURSUANT TO THE AUTHORITY OF 12 ARTICLE XI-E OF THE MARYLAND CONSTITUTION, THE LOCAL 13

GOVERNMENT ARTICLE OF THE ANNOTATED CODE OF MARYLAND, 14 AND SECTIONS 33 AND 34 OF THE HAVRE DE GRACE CITY CHARTER, 15 FOR THE PURPOSE OF AMENDING CITY CODE CHAPTER 205: ZONING 16

TO ADD “PERSONAL CARE BOARDING HOME” AS A CONDITIONAL USE 17 IN THE R1 AND R2 DISTRICTS. 18

19 20

On: August 21, 2020 21 at: 7:00pm 22


PUBLIC HEARING 26 A Public Hearing is scheduled for . 27 28 29 30 31

EXPLANATION Underlining indicates matter added to existing law. [Bold Brackets] indicate matter deleted from existing law. Amendments proposed prior to final adoption will be noted on a separate page with line references or by handwritten changes on the draft legislation.

32 33

Ordinance No.


The following definition shall be added to Section 205-13 under Definitions between “PAYDAY 34 ADVANCE SHOP” and “PERSONAL SERVICE SHOP”: 35 36 PERSONAL CARE BOARDING HOME - A premises which provides personal care to adults, 37 for consideration, and provides these services to a maximum of five (5) adults not related to the 38 provider or owner. Personal care includes providing daily assistance by ownership or management 39 that are trained and licensed professionals to individuals who are unable to care for themselves; 40 such as the elderly or disabled persons. Personal care boarding homes provide housing, meals and 41 one or more personal services for a period exceeding 24 hours. 42 43 The following underlined language shall be added to Section 205-18 under Conditional uses: 44 45 J. Personal-care boarding homes. This use may be granted by the Board of Appeals in the R1 46

district, provided that: 47 48

(a) The proposed use shall be located in a single-family detached dwelling. 49 50 (b) The maximum number of boarders shall be 5. 51 52 (c) Where an application is for construction of a new dwelling, the building shall be similar 53

in appearance to other single-family dwellings in the neighborhood. 54 55 (d) The dwelling shall have a minimum of 100 square feet of space per boarder. 56 57 (e) One offstreet parking space shall be provided for each staff member employed in the home. 58 59 (f) All applicable State and County laws and regulations are satisfied. 60

61 The following underlined language shall be added to Section 205-21 under Conditional uses: 62 63 N. Personal-care boarding homes. This use may be granted by the Board of Appeals in the R2 64

district, provided that: 65 66

(a) The proposed use shall be located in a single-family detached dwelling. 67 68 (b) The maximum number of boarders shall be 5. 69 70 (c) Where an application is for construction of a new dwelling, the building shall be similar 71

in appearance to other single-family dwellings in the neighborhood. 72 73 (d) The dwelling shall have a minimum of 100 square feet of space per boarder. 74 75 (e) One offstreet parking space shall be provided for each staff member employed in the home. 76 77 (f) All applicable State and County laws and regulations are satisfied. 78 79

Ordinance No.


In accordance with the provisions of the Maryland Ann. Code, Land Use Article, §4-203 and the 80 City Charter requirements, this ordinance shall become effective no earlier than ten days after the 81 close of the public hearing on the Zoning Code amendments set forth herein. 82 83 NOW THEREFORE, it is determined, decided, and ordained by the City Council that the 84 amendments to the City’s Zoning Code Sections 205-13, 205-18, and 205-21 set forth above are 85 hereby approved. 86 87 ADOPTED by the City Council of Havre de Grace, Maryland this __ day of _____, 2020. 88 89 SIGNED by the Mayor and Attested by the Director of Administration this ____ day of 90 ________, 2020. 91 92 93 ATTEST: THE MAYOR AND CITY COUNCIL 94 OF HAVRE DE GRACE, MARYLAND 95 96 97 Patrick D. Sypolt William T. Martin 98 Director of Administration Mayor 99 100 101 Introduced/First Reading: 09/21/2020 102 Public Hearing: [mm/dd/yyyy] 103 Second Reading/Adopted: [mm/dd/yyyy] 104 105 Effective Date: [mm/dd/yyyy] 106 107 108 109 Legislative History 110 Ordinance No. , As Amended, enacted [Date] 111 Ordinance No. , As Amended, enacted [Date] 112 113

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