Mayor & City Council

MINUTES Regular Meeting of the College Park City Council Tuesday, February 27, 2018 Council Chambers 7:30 p.m. – 10:59 p.m. PRESENT: Mayor Wojahn; Councilmembers Kabir, Kennedy, Brennan, Dennis, Day (arrived at 8:10 p.m.), Rigg, Kujawa and Mitchell. ABSENT: None. ALSO PRESENT: Scott Somers, City Manager; Bill Gardiner, Assistant City Manager; Janeen Miller, City Clerk; Suellen Ferguson, City Attorney; Bob Ryan, Director of Public Services; Peggy Higgins, Director of Youth, Family and Senior Services; Jill Clements, Director of Human Resources; Steve Halpern, City Engineer; Chris Keosian, Student Liaison; Julianne Heberlein, Deputy Student Liaison. Mayor Wojahn opened the Regular Meeting at 7:30 p.m. ANNOUNCEMENTS: Councilmember Kabir discussed the community meeting on the study of Rhode Island Avenue bike lanes, and said a new bulletin board has been installed at Duvall Field. Councilmember Brennan thanked everyone for their help at last Saturday’s Clean-Up event. Councilmember Dennis announced the Coffee Club at Jason’s Deli. Councilmember Rigg discussed the community meeting on the Campus Drive Green Streets project; there will be another meeting to address resident concerns. Dog stations have been installed along the Trolley Trail. Calvert Hills Civic Association will meet on March 7. CITY MANAGER’S REPORT: Mr. Somers announced Brunch with the Bunny, the Spring Egg Hunt, and mentioned the items in the red folder. PROCLAMATIONS: Mayor Wojahn read the Proclamation in recognition of Rare Disease Day AMENDMENTS TO AND APPROVAL OF THE AGENDA: A motion was made by Councilmember Kennedy and seconded by Councilmember Rigg to remove “Appointments to Boards and Committees” from the agenda until the “Committee on Committees” has reported back to the Council. The motion carried 4-3-0 (Kabir, Dennis and Mitchell opposed). The amended agenda was approved (Brennan/Rigg) 7-0-0. PUBLIC COMMENT ON CONSENT AND NON-AGENDA ITEMS: Mary Cook, 4705 Kiernan Road: How many votes are needed to adopt a Charter Amendment tonight? The response was that state law requires five votes which is a majority of the legislative body. College Park City Council Meeting Minutes February 27, 2018 Page 2 Dave Dorsch, 4607 Calvert Road: The City should open the passageway between Rhode Island Avenue and Campus Drive to help Old Town residents get out of the neighborhood. Jack Robson, Chief, Board of Election Supervisors: He is surprised that the bill on “no-excuse absentee voting” was not on our lobbyist’s report. It was heard in the House today and passed unanimously, but is not yet out of the Senate Committee. If it passes, the City will lose the ability to decide this matter for ourselves. He was surprised to see the fiscal impact stated as zero, because it would have an impact on City finances. PRESENTATIONS: Mayor Wojahn and Education Advisory Committee Co-Chair Charlene Mahoney presented a City Public School Education Grant Greenbelt Middle School Assistant Principal Dr. Keys. PUBLIC HEARINGS: A. Public Hearing on proposal for Permit Parking on Potomac Avenue. Bob Ryan provided an overview. The resident petition did not meet the City’s criteria so Council is considering the implementation of residential restricted permit parking for a portion of Potomac Avenue. Robert Hunter, 8311 Potomac: He would like to see permit parking extend the whole block to Berwyn Road. It is only a problem during the school year. Harry Pitt, 8200 Potomac: It would have been hard to get signatures from 60% of the entire street. He agrees with 7 days/week. [Councilmember Day arrived.] Eric Justh, 8207 Potomac: Supports. The hours are a moving target; start with less restrictions. Lori Simpson, 8207 Potomac: Supports. The problem is worse when school is in session. B. Public Hearing on proposal for Permit Parking on Tecumseh Street. Bob Ryan provided an overview. This block is across from The Enclave student housing and next to The Oasis Condominiums. Thomas Pinello, 4707 Tecumseh, #204: Opposed, doesn’t see the need. He lives in the condos and parks on the street and never has a problem finding a space. Jennifer Pinello, 4707 Tecumseh, #204: Opposed, doesn’t see the need. Has not seen residents of The Enclave parking there. There are plenty of spaces. Yufan Guan, 4709 Tecumseh, #201: No need to have permit parking; there has never been a problem. College Park City Council Meeting Minutes February 27, 2018 Page 3 Christine Dollymore, 4710 Tecumseh: People from The Enclave park up and down Tecumseh, sometimes blocking her driveway. Some people park and walk across the street to the Shuttle. It is worse when they have parties. John Dollymore, 4710 Tecumseh: He supports 24/7 permit parking. He is shocked at how different his experience is from the condo residents. Dan Blasberg, 8800 Rhode Island: It is hard to navigate Tecumseh in the evenings because of parking on both sides of the street. He believes Branchille VFD is concerned about this as well. C. Public Hearing on Petition Request for Traffic Calming in the 5100-5200 blocks of Mineola Road. Mr. Halpern reviewed the results of the traffic study. The traffic and speed warrants were not met. Nothing would preclude the installation of a speed hump. There was no one to testify at this public hearing. D. Public Hearing on 18-CR-01, Proposed Charter Amendments. Ms. Ferguson gave an overview: This most recent version of the Charter Amendment returns the Charter to what was understood to be the governance of the City for decades. [Tonight’s version is different from an earlier version that was reviewed last week, per Council direction at last week’s Worksession.] It removes the invalid provision in §C6-2 requiring a supermajority vote for charter amendments. It defines the term legislative body, which is used in state code, but which our charter did not define. There are two instances in state law that tell us how an enactment must be made: 1) Charter Amendments require “a majority of the legislative body;” 2) Transferring funds from one major appropriation to another requires “two-thirds of the legislative body.” Other than those circumstances that are dictated by state law, this Council determines who may vote and in what circumstances. The Charter currently uses the words “elected officials” instead of “legislative body” so this change defines “legislative body” where the state determines a favorable vote. This retains the provision that the Mayor votes only to break a tie, and on the hiring/firing of the City Manager. This proposed amendment does not give the Mayor any additional voting rights; the existing voting rights are just stated in a different way. It defines the legislative body as the Mayor and Council, with the Mayor having limited voting rights. State law says that a Charter Amendment must be adopted by “a majority of the individuals elected to the legislative body.” Councilmember Kabir asked if there was a conflict with state law and said some residents don’t want to see the Mayor voting on Charter Amendments. Ms. Ferguson said the majority of the City’s legislative body is five. It doesn’t say how you reach that five. If there is a tie, the Mayor can vote to break the tie, bringing the number of affirmative votes to five. Mayor Wojahn added there is nothing in the independent attorney’s College Park City Council Meeting Minutes February 27, 2018 Page 4 opinion or in the proposed Charter Amendment that says if the Mayor becomes a member of the legislative body, he gets to vote in all cases. Councilmember Rigg asked about the term “Mayor and Council” in our charter. Ms. Ferguson said the current charter refers to “Mayor and Council” repeatedly and described this as a hybrid charter where the Mayor has traditionally voted to break ties. The question about “legislative body” refers only to state-level requirements. Ms. Ferguson re-stated that the Mayor is a member of the legislative body with limited voting rights and can only vote on a Charter Amendment if there is a tie. Councilmember Rigg clarified that if there was a 4-4 vote on a Charter Amendment, the Mayor could vote to break that tie. If there were 4 votes in favor and 3 opposed, the Mayor would not get to vote, and the Charter Amendment would not pass. He sees this as a structural flaw in the Charter Amendment before us tonight, which he is in favor of fixing, because four could vote in favor, but the legislation would not pass. The Mayor invited public comment: Suchitra Balachandran, 9320 St. Andrews: This is confusing and it does look like you are making a change when you introduce the term “legislative body.” It should be made more clear that in the case of a Charter Amendment the Mayor only casts a tie vote. Maria Mackie, 9242 St. Andrews: This is very unclear, so if the intent was to clarify, it does not. A lay person should be able to understand it. Mary King, 3413 Duke: Doesn’t think that the Mayor should be able to vote on an assessment. The only Charter change that is necessary is to delete the supermajority requirement. Dan Blasberg, 8800 Rhode Island: He thinks that the state does not limit the City to just a majority on Charter Amendments. Someone should send a letter to the Office of the Attorney General for an opinion. Have a citizens committee rewrite the Charter. Mary Cook, 4705 Kiernan Road: The crux of the problem is the term “legislative body.” She does not believe the Mayor is part of the legislative body and she prefers a different term. Define whatever terms are used. Just remove the supermajority requirement now. Have a citizens committee review then put it to referendum. Oscar Gregory, 9723 Limestone Place: This would position the Mayor to exert undue influence on legislation and give him unparalleled authority to create law and run meetings. This is a back door attempt to give him additional voting rights. Seth Gomaljak, 9705 Wichita: He agrees with everything Mary Cook said. It is important to have referendums when we change stuff. College Park City Council Meeting Minutes February 27, 2018 Page 5 Ms. Ferguson reminded everyone of a previous Attorney General opinion stating that a supermajority requirement on Charter Amendments is not allowed. In addition the City received the same opinion last year. There being no further public comment, the public hearing was declared closed. CONSENT AGENDA: A motion was made by Councilmember Brennan and seconded by Councilmember Kabir to adopt the Consent Agenda, which consisted of the following: 18-G-30 Minutes of the February 6, 2018 Worksession and the February 13, 2018 Regular Meeting 18-G-29 Vehicle Replacement of Animal Control Van The motion passed 7-0-0 (Councilmember Day away from the dais). ACTION ITEMS: 18-G-33 Council Action Regarding Petition Request for Traffic Calming in the 5100- 5200 blocks of Mineola Road A motion was made by Councilmember Kennedy and seconded by Councilmember Kabir to approve the installation of speed humps in the 5100-5200 blocks of Mineola Road and authorize the City Engineer to site and install them at his discretion. There were no comments from the Council. The motion passed 8 – 0 – 0. 18-G-31 Council Action regarding proposal for Permit Parking on Potomac Avenue A motion was made by Councilmember Brennan and seconded by Councilmember Dennis, having determined that it is in the best interest of the City, to establish a residential restricted permit parking zone from 8200 to and including 8309 Potomac Avenue from Monday through Friday, 7 a.m. to 7 p.m., and Saturday and Sunday, 12 a.m. to 6 a.m., effective once the signs are installed. Councilmember Brennan added that this is not an exact science and it can be modified to something more strict if needed in the future. He hopes to develop a more comprehensive neighborhood plan with the community in the future. The motion passed 8 – 0 – 0. College Park City Council Meeting Minutes February 27, 2018 Page 6 18-G-32 Council Action regarding proposal for Permit Parking on Tecumseh Street A motion was made by Councilmember Brennan and seconded by Councilmember Dennis, since such action is reasonably necessary to enhance and maintain the quality of life and peace and good order by reducing noise, traffic hazards and congestion, litter and trash, caused by the entry of outside traffic into this zone, to implement a residential permit parking zone in the 4700 block of Tecumseh, from Monday through Friday, 7 a.m. to 7 p.m., and Saturday and Sunday, 12 a.m. to 6 a.m., effective once the signs are installed. There were no comments from the Council. The motion passed 8-0-0. 18-CR-01 Council Action on 18-CR-01, A Charter Resolution Of The Mayor And Council Of The City Of College Park, To Repeal And Re-Enact City Of College Park Charter Sections, Thereby Amending § C2–1 Corporate Limits, § C3-1 Elected City Officers, § C3-3 Oath Of Office, §C3-4 Compensation, § C3-6 Vacancies, § C3-7 Assumption Of Duties, § C4-4 Other Election Officials, § C6-1 General Provisions, § C6-2 Quorum, § C7-9 Refuse Collection And Disposal Service, § C8-2 Passage, § C9-2, Bonds, § C9-3 City Manager, § C10-3 City Council Action On Budget, § C10-4, Form Of Budget Appropriation And Revenue Ordinance, § C10-5, Amendments To Budget After Adoption, § C10-8 Submission Of Capital Improvement Program; Contents, § C11-4, Special Assessments, § C11-5 Special Taxing Districts, § C13-3 Establishment Of Agency, And § C13-4 Initiation Of Project, To Repeal A Super Majority Requirement For Amendment Of The Charter, To Clarify That The Mayor And Council Are The Legislative Body Of The City And That The Legislative Powers Of The City Are Exercised By The Mayor And Council, To Clarify Quorum And Voting Requirements, To Clarify The Voting Rights Of The Mayor, And To Make Conforming Changes. A motion was made by Councilmember Day and seconded by Councilmember Rigg to adopt Charter Resolution 18-CR-01 as introduced on February 13. An amendment was proposed by Councilmember Kujawa and seconded by Councilmember Dennis to amend the motion by making changes only to § C6-2 of the Charter, to read as follows: “§ C6-2 Quorum and voting requirements. A quorum shall be constituted of five members of the City Council and the presiding officer. An affirmative vote of five elected officials shall be required to amend the charter or alter an assessment. An affirmative vote of six elected officials shall be required to transfer funds between major budget items. Unless otherwise required by law, all other actions of the City Council require a majority vote of the elected officials present at the meeting. A Council member acting as the presiding officer in the absence of the Mayor may also be counted as part of the Council quorum and may vote as a Council member. The Mayor and Council shall make provision by ordinance or rule for quorum requirements during an emergency.” No other portions of the Charter would be amended at this time. College Park City Council Meeting Minutes February 27, 2018 Page 7 Councilmember Kujawa said this addresses the current legal issue of supermajority vs. simple majority, but removes the reference to legislative body at this time. Comments from the audience on the amendment: Suchitra Balachandran, 9320 St. Andrews: Supports the amendment. Mary Cook, 4705 Kiernan Road: Supports the amendment. Oscar Gregory, 9723 Limestone Place: Disappointed that C6-2 is still being changed. Remove the clause that says “Unless otherwise required herein.” Dan Blasberg, 8800 Rhode Island: He is aware of the prior OAG’s opinion, but there has been a change in Section 304. Table this until we get an updated opinion. Mary King, 3413 Duke: This is happening very fast. She hopes the change is from a supermajority to a simple majority. Councilmember Rigg said he will not support the amendment because it has not had enough legal review, strips out other provisions in C6-2, and comes at the last minute. Councilmember Kujawa said the attorney did review the language. Ms. Ferguson said she responded to the Councilmember’s request to do the minimal amount required in this one section but has not looked at everything else. Councilmember Kabir supports the amendment. We are going slow. This makes our charter compliant with the state law for now and we can address the other matters later. We need to get the residents involved. Councilmember Kennedy said this is a legal matter and does not think a residents committee is the way to go. She asked why we are taking this slow. Councilmember Mitchell said this is a conservative approach. We need to be clear on the difference between legislative body and elected body. This will make us compliant with state law. Councilmember Dennis said a straw poll was taken to present the charter amendment in the form that it is tonight. He seconded the amendment because there still seem to be questions about the definition of legislative body. Councilmember Day said we should be taking small steps, not big ones. We may end up right back where we are now, but by taking small steps we will end up clarifying things. Councilmember Brennan is willing to slow things down but only if there is new information to be discovered. Otherwise it is a waste of time and resources. After all the time we have spent deliberating, what is it that we still need to clarify? College Park City Council Meeting Minutes February 27, 2018 Page 8 Councilmember Rigg said at the last minute we are being asked to adopt an amendment that is different than the legal advice we have received. He appreciates that there is resident confusion, but he doesn’t think this amendment is the way forward. Councilmember Kennedy is not sure what the questions are and is not clear of the way forward. Councilmember Day said we can get other people to review this but he does not want it to last indefinitely. He doesn’t want to run into this without looking at every option for input. It is an important issue – let’s take our time to do it right. Councilmember Brennan said this late amendment is not in the spirit of transparency and asked how much money had been spent on outside Counsel. He asked about the proposed next steps and the timeline. Councilmember Kabir said this is not really anything new – it just changes one section and we have looked at this before. When you make important changes you should go slow. Residents are not comfortable with the term legislative body and about the Mayor’s role in it. He thinks we should get residents involved. A motion was made by Councilmember Mitchell to cut off debate and call the question. The motion failed for lack of a second. Discussion continued. Councilmember Mitchell restated her motion to cut off debate and call the question. The City Attorney said the motion requires a second and requires a 2/3 vote. Councilmember Kujawa seconded. Roll Call Vote on the motion to cut off debate and call the question: Yes: Kabir, Dennis, Day, Kujawa, Mitchell No: Kennedy, Rigg, Brennan The motion to end debate failed 5-3 because it did not meet the 2/3 requirement. Discussion continued about the way forward. Mr. Somers said we can schedule this item on next week’s Worksession for further discussion. Vote on the amendment: Yes: Kabir, Brennan, Dennis, Day, Kujawa, Mitchell No: Kennedy, Rigg Amendment passed 6-2-0. Vote on the main motion as amended: Yes: Kabir, Kennedy, Brennan, Dennis, Day, Kujawa, Mitchell College Park City Council Meeting Minutes February 27, 2018 Page 9 No: Rigg The main motion as amended passed 7-1-0. 18-O-02 Introduction of an ordinance changing the frequency of certain residential inspections Mr. Somers provided an overview: The purpose is to redirect some City resources to other code enforcement issues while at the same time preserving the health and safety of the community by allowing the inspections of certain large multi-family units every-other-year, while single family rentals continue to occur every year. The public areas of those multi-family units will continue to be inspected annually. A motion was made by Councilmember Day and seconded by Councilmember Kabir to introduce Ordinance 18-O-02, an ordinance changing the frequency of certain residential rental inspections to allow for a reduction in the frequency of inspections of certain areas of certain residential occupancies that meet certain health and safety criteria, from annual to biennial. Mayor Wojahn announced that the Public Hearing will be held on March 13, 2018 at 7:30 p.m. 18-G-34 Approval of a letter in support of SB 966 RISE Zones – Expansion and Income Tax Credit Mr. Gardiner gave an overview: This bill will provide state income tax incentives for eligible business that locate and increase the revenue in RISE Zones across the state, including the RISE Zone in College Park. The original incentives that were approved were local real property taxes. This legislation has the state stepping up to provide state incentives. We believe that the impact on the City will be fairly minor. A motion was made by Councilmember Day and seconded by Councilmember Dennis to approve a letter stating the City’s support for SB 966 and authorize the Mayor and/or staff to state the City’s position during hearings. There were no comments from the audience. The motion passed 8 – 0 – 0. 18-G-35 Approval of letters in support of HB 1646 and SB 1036 Criminal Procedure – Firearms – Transfer Mayor Wojahn said this closes a loophole so that people who are convicted of domestic violence must give up any guns that they have. College Park City Council Meeting Minutes February 27, 2018 Page 10 A motion was made by Councilmember Kennedy and seconded by Councilmember Mitchell to approve letters to the General Assembly in support of HB 1646 and SB 1036. Kathy Flamm, 8507 Potomac: Thank you for supporting this critical legislation Dan Blasberg, 8800 Rhode Island Avenue: This actually doesn’t close a loophole – people convicted of domestic violence are prohibited at federal and state level from purchasing and owning a firearm. Judicial Watch in Montgomery County found that judges who sentenced people for domestic violence did not advise them that they were required to give up their firearms. This bill requires officials to notify convicted individuals they have to give up their firearms and provides avenues for them to do that. He is conflicted about the bill because someone in violation could be charged under federal law. He does support the letter. The motion passed 8 – 0 – 0. MAYOR AND COUNCIL REPORTS AND COMMENTS: Councilmember Brennan commented on the passing of Mrs. Helen Barnes, a long-time College Park resident who played a large role in the Aging in Place Task Force. Mayor Wojahn added that her service will be March 17 at St. Andrews Episcopal Church. ADJOURN: A motion was made by Councilmember Brennan and seconded by Councilmember Dennis to adjourn the Regular Meeting. There will not be a closed session tonight. The motion passed 8-0-0 and Mayor Wojahn adjourned the meeting 10:59 p.m. ____________________________________________ Janeen S. Miller, CMC Date City Clerk Approved