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Mayor & City Council

Regular Meeting

College Park, MD · March 20, 2018

AgendaMinutes

Minutes

WORKSESSION MINUTES College Park City Council Tuesday, March 20, 2018 Council Chambers 7:30 – 10:14 p.m. PRESENT: Mayor Wojahn; Councilmembers Kabir, Brennan, Dennis, Day, Rigg, Kujawa and Mitchell. ABSENT: Councilmember Kennedy. 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; Ryna Quiñones, Communications Coordinator; Julianne Heberlein, Deputy Student Liaison. CITY MANAGER’S REPORT: Mr. Somers reported on the upcoming temporary loss of 250 spaces at the College Park Metro garage; Bike to Work Day on May 18; the opening of Vigilante Coffee; the Brunch with the Bunny and Spring Egg Hunt events; and Good Neighbor Day. AMENDMENT TO/APPROVAL OF THE AGENDA: The agenda was approved without amendment (Dennis/Day) 7-0-0. DISCUSSION ITEMS: 1 Discussion of City Banners: Ms. Quiñones reviewed the staff report and discussed the preliminary plans for City banners. Certain poles will have to be replaced to support the weight of the banners. There is some funding in the current budget to replace some poles as needed, but no funding in FY ’19 for widespread replacement/purchase. Council raised the following: include the images on our website with more information on what the banner depicts; include banners on the Trolley Trail at City entrances; concern that some of the text will not be visible; add Metzerott as you enter the City; clarify which poles are existing, which need to be replaced, and which still need to be installed; notify each community as their banners are being installed. 2 Discussion of College Park Day: Ms. Quiñones and Mr. Gardiner reviewed operational changes: there will be a new event coordinator this year, who will report to Ms. Quiñones. Interest in promoting the City’s goals of Live CP, Eat CP, Shop CP; adding shuttle service, especially for senior residents to attend; charging a small fee for vendors who are making a profit; concentrating family events in one zone; providing way-finding from the Trolley Trail. Ask the “Committee on Committees” to review the need for a planning committee. OK to cut back on sponsors so as not to dilute that this is a City event, but don’t cut back on advertising. A concern was expressed by some vendors last year that they didn’t get any foot traffic – reconsider the layout. 3 Discussion of revisions to Council Rules and Procedures, including a discussion of how to differentiate Council communication: Mr. Somers said this is a follow up to the February 20 Worksession and that new revisions are in yellow highlight. Discussion– • Audience comments and public hearings are not the time for a back-and-forth with the audience; it is a time for Council to hear comment College Park City Council March 20, 2018 Worksession Minutes Page 2 • Whether a Councilmember has to give a reason for an abstention – requiring a reason was based on a straw poll of Council • Decision to ask only whether the member of the public is a resident of the City, rather than requiring their address, due to privacy concerns. The comment material in the back of the room will be changed to reflect this. • These are Council’s rules and Council may always suspend the rules by majority vote • Use of City seal in Councilmember communications: The City can’t copyright the City Seal or Flag, and by extension can’t prevent someone from using the City Seal – it is a First Amendment issue. However, adding the City Seal to Councilmember communication might give the impression that the communication is from the City. Elected officials should use an attribution statement clarifying that the communication is their own, and reference the official City information where possible. Councilmember Dennis to agenda. 4 Review of state/county legislation: • Small cell regulation bill is likely to die • State received a 30-day extension on Opportunity Zones • The HUR bill passed the Senate; not complete restoration of funds, but close • Request for status of HB 672 5 Requests For/Status of Future Agenda items: Discussion of removing items from the Master List in anticipation of the adoption next week of the Council Rules and Procedures. Councilmembers are asked to send a justification for their items by Friday or they will be cut. 6 Mayor and Councilmember Comments: Several closings/cancellations were announced due to impending inclement weather. The US 1 sidewalk between Albion Road and Riverdale Park Station is now open. Selection of the Student Liaison Subcommittee: Mayor Wojahn, Councilmember Day and Councilmember Kujawa; application deadline is April 15. Temporary hold on reappointments to Boards and Committees until the Committee on Committees has reported back to Council. 7 City Manager's Comments: Public Works snow preparations. ADJOURN: A motion was made by Councilmember Rigg and seconded by Councilmember Brennan to adjourn the Worksession. With a vote of 7-0-0, Mayor Wojahn adjourned the Worksession at 10:14 p.m. ____________________________________________ Janeen S. Miller, CMC Date City Clerk Approved

Agenda

TUESDAY, MARCH 20, 2018 CITY OF COLLEGE PARK COUNCIL CHAMBERS 7:30 P.M. WORKSESSION AGENDA COLLEGE PARK MISSION STATEMENT The City Of College Park Provides Open And Effective Governance And Excellent Services That Enhance The Quality Of Life In Our Community. Time Item Staff/Council 7:30 CALL TO ORDER CITY MANAGER’S REPORT AMENDMENTS TO AND APPROVAL OF THE AGENDA Discussion Items Discussion of City banners (20) Ryna Quiñones, 7:35 1 Communication Coordinator Discussion of College Park Day: operational changes, mission Ryna Quiñones 7:55 2 and purpose (30) and Bill Gardiner Discussion of revisions to Council Rules and Procedures, including a discussion of how to differentiate Council Scott Somers, City 8:25 3 communication (60) Manager Placeholder: Review of state/county legislation (Possible Special 9:25 4 Mayor and Council Session to act on time-sensitive legislation) 9:30 5 Requests For/Status of Future Agenda items Mayor and Council 9:35 6 Mayor and Councilmember Comments Mayor and Council Scott Somers, 9:40 7 City Manager's Comments City Manager This agenda is subject to change. Item times are estimates only. For the most current information, please contact the City Clerk. In accordance with the Americans with Disabilities Act, if you need special assistance, please contact the City Clerk’s Office and describe the assistance that is necessary. City Clerk’s Office: 240-487-3501 001 1 1 Discussion of City Banners 002 CITY OF COLLEGE PARK, MARYLAND WORKSESSION AGENDA ITEM Prepared By: Ryna Quiñones, Meeting Date: March 20, 2018 Communications Coordinator Presented By: Ryna Quiñones, Proposed Consent Agenda: No Communications Coordinator Originating Department: Administration / Communications Issue Before Council: Discussion of City banners Strategic Plan Goal: One College Park Background/Justification: For the FY2018 Budget, the City added funds to create and install City banners on light and potentially utility poles in certain City locations. Strategically located in business districts, entrances and City facilities, the banners would welcome visitors to the City and showcase the City’s many amenities and attractions. For instance, banners would feature Lake Artemesia, the College Park Aviation Museum and Airport, farmers markets, mBike, the JTCC and College Park Tennis Club and much more. The banners can also shine a light on the City’s history and further illustrate the City’s mark on the region. The banners will aid in the City’s beautification and place-making. Potential draft banner designs are included; please note that these are illustrative and not finalized. The City has explored where and how the banners should be installed in business districts, shopping areas, City facilities and around City entrances. The banners would be installed in phases because of the limitations of current City light poles in our business districts. Currently, most of the City’s pedestrian light poles are unable to withstand any added weight. In order to install banners in the selected areas, light poles in strategic locations would have to be replaced with those that can hold heavier weight loads. Installation of banners along entrances would be on utility poles and may require permission or an MOU with Pepco. Some Questions Council May wish to consider for City banners: 1. Is the Council supportive of this approach and themes of City banners? Are there other themes or images that should be highlighted? 2. Does the Council wish to create a CIP to replace select pedestrian light poles with those that could hold City banners? Fiscal Impact: Banners were budgeted for about $11,000 in the FY18 budget. Council Options: This item is for discussion purposes only. Staff Recommendation: N/A Recommended Motion: N/A Attachments: Draft banner designs Map of potential locations 003 FOUR FARMERS MARKETS IN THE CITY CITY OF COLLEGE PARK EST. 1945 004 COLLEGE PARK AIRPORT & AVIATION MUSEUM CITY OF COLLEGE PARK EST. 1945 005 LAKELAND COMMUNITY HERITAGE PROJECT CITY OF COLLEGE PARK EST. 1945 006 LAKE ARTEMESIA CITY OF COLLEGE PARK EST. 1945 007 HISTORIC CALVERT HILLS CITY OF COLLEGE PARK EST. 1945 008 JUNIOR TENNIS CHAMPIONS CENTER CITY OF COLLEGE PARK EST. 1945 009 MBIKE SHARE CITY OF COLLEGE PARK EST. 1945 010 BRANCHVILLE VOLUNTEER FIRE & RESCUE, 1950S CITY OF COLLEGE PARK EST. 1945 011 ~ Holiday Inn ~ washington-College... T OUSE Sunnyside Cas: ullodging J. \v'th an ... v 9 W.:fiTE OAK MANOR Seven Springs Apartments • ••• •••• • ~ CD • • •••• D 9 Greenbel q College Park Honda • p int Branch Golf Course •• Beltway Plaza Mall q XFINITY Center Q @) Berwyn Heights College Pari< ~ Marriott Hotel&... Traditional lodging,_ . Co ll ege Pa r "ty • Umvers1 PARK • of Maryland <8-~~- Unlversitj ~~Or University ~. Hills Duck ~ G Pond Park • •... , • •• • "' OLD TOWN HILLS . ~ 1:'1 Colle \.Park Y Aviatio~useum •• M Square Q Good Luck Rd GOOd Lu. Unive rsity The Mall at t.\ Park G o g le • Potential Banner Locations at City Entrances Future Potential Banner Locations • Potential Banner Locations 012 2 Discussion of College Park Day 013 CITY OF COLLEGE PARK, MARYLAND WORKSESSION AGENDA ITEM Prepared By: Ryna Quiñones, Meeting Date: March 20, 2018 Communications Coordinator Bill Gardiner, Assistant City Manager Presented By: Ryna Quiñones, Proposed Consent Agenda: No Communications Coordinator Bill Gardiner, Assistant City Manager Originating Department: Administration / Communications Issue Before Council: Review the City’s vision, focus, budget, and branding of College Park Day Strategic Plan Goal: One College Park Background/Justification: Mayor and Council discussed College Park Day during the July 5, 2017 Worksession, with a request to revisit the discussion after the 2017 event. College Park Day is the City’s showcase event. It began in 2009 to highlight residents, businesses and community groups in the City of College Park and “to celebrate everything that the City has to offer.” Part of the inspiration came from the Taste of College Park, an event held in the mid-2000s. When College Park Day first launched, attendance was only a couple hundred people, but now about 5,000 people attend. In 2016, College Park Day relocated to the College Park Aviation Museum and Airport. The Metro garage and the County-owned parking lot near the Metro have been used for attendee parking. Last year’s event featured two stages of live music, a kid’s area with inflatables and a climbing wall, fitness activities, health classes, and visiting mascots. There were more than 160 exhibitors, including civic associations, government organizations, local schools/PTAs, public safety organizations, University of Maryland groups, community organizations, restaurants, and food/beverage vendors. Exhibitors and vendors have not paid a fee to attend or sell. The total expenditures for 2017 were $53,431.38, broken down as follows: • Advertising/Design/Printing/Shirts – $8,663.75 • Banners/Signage - $1,894 • Rental Equipment - $6,140.50 • Stages (including performers) - $15,597.12 • Misc. items - $285.98 • Event planner - $16,350 • City staff payroll (time charged to event) - $4,500 Fourteen businesses sponsored the event, with sponsorships ranging from $5,000 for the Presenting Sponsor, to in-kind sponsorships. Most sponsorships were in the $500 to $1,000 range, and a total of $19,750 was raised. Many surrounding communities hold similar events, with and without outside sponsorships. The previous contractor will no longer be coordinating the event and the City has begun addressing the vacancy. College Park Day 2018 is set for 11 am to 4 pm on Saturday, OCTOBER 6, 2018 at the College Park Aviation Museum. Some Questions Council May wish to consider for the 2018 or future College Park Day events: 014 1. What is the Council’s vision for the event? 2. Does the Council wish to mainly target current City residents or visitors from throughout the region to attend the event? 3. What activities and marketing will best carry out the vision and attract the target audience? 4. Last year, the event generated almost $20,000 in sponsorship, however we spent approximately $10,000 on advertising and signage featuring sponsors and hours of staff time to find and retain sponsorship. We intend to reduce the paid benefits for sponsors and the amount of staff time dedicated to sponsorship in order to increase awareness and branding that this is a City event. Does Council agree with that direction? 5. Parking for the 2018 event and beyond may become a bit of an issue due to a reduction in available and free parking near the event site. What would Council think of the City providing a shuttle bus for attendees? 6. Staff recommends developing policies to prioritize and regulate vendors and exhibitors that attend the event. Does Council agree with that direction? Fiscal Impact: College Park Day is tentatively budgeted for $56,350 in the FY19 budget. Council Options: This item is for discussion purposes only. Staff Recommendation: N/A Recommended Motion: N/A Attachments: N/A 2 015 3 Discussion of Council Rules & Procedures 016 CITY OF COLLEGE PARK, MARYLAND WORKSESSION AGENDA ITEM Prepared By: Scott Somers, City Manager Meeting Date: March 20, 2018 Presented By: Scott Somers, City Manager Originating Department: Administration Issue Before Council: Review and discuss the red-lined draft Council Rules. Provide direction to staff on how to proceed. Strategic Plan Goal: Goal 5: Effective Leadership Background/Justification: Council last discussed Council Rules at their Worksession on February 20, 2018 and directed staff to make the necessary changes. Attached is a red-lined draft. The highlighted items are specific changes based on the direction received. Fiscal Impact: None Council Options: 1. Review the attached red-lined draft Council Rules and then provide direction to staff on how to proceed. 2. Direct staff otherwise. Staff Recommendation: Option #1 Attachments: Red-lined draft Council Rules 017 Revised Revised Draft 3/620/18 4/19/2016 RULES AND PROCEDURES FOR THE MAYOR AND CITY COUNCIL OF COLLEGE PARK I. ADOPTION, REVIEW AND AMENDMENT A. Adoption. These rules are adopted pursuant to the authority provided in Art. VI, § C6-1 of the City Charter. B. Biennial Review. These rules and procedures shall be reviewed at least biennially by the Mayor and City Council. Public notice and an opportunity for public comment shall be provided prior to making changes to these rules. Changes in procedure may be made by majority vote of the Mayor and City Council at the Regular Meeting after the change in rules or procedures is proposed. C. Rescission and Suspension of Rules. A motion to rescind or amend the rules and procedures previously adopted or a motion to suspend these rules and procedures may be brought pursuant to the appropriate section of Robert's Rules of Order. II. GOVERNANCE PROCESS/COUNCIL-MANAGER DELEGATION Policy 1. Governance Process. The Mayor and Council, on behalf of the residents and visitors of College Park, govern with respect to achieving the City's Mission - The City of College Park provides open and effective governance and excellent services that enhance the quality of life in our community. Policy 2. City’s Interests Come First. Councilmembers will represent the needs and interests of all people in the City, not only the residents in their district. Policy 3. Governing Style. The Mayor and Council will govern with an emphasis on: (a) outward vision rather than internal processes, (b) encouragement of diversity in viewpoints, (c) strategic leadership more than administrative detail, (d) clear distinction of Mayor, Council, and City Manager roles, (e) collective rather than individual decisions, (f) future rather than past or present, and (g) strive to be proactiveity rather than reactivitye. 018 Policy 4. Mayor and Councilmembers’ Code of Conduct (Chapter 38 of the City Code). The Mayor and Council commits itself and its members to ethical, businesslike, and lawful conduct, including proper use of authority and appropriate decorum. Policy 5. Council-Management Delegation. The Council’s connection to the operation of the organization will be through a City Manager as provided in the City Charter. The Mayor and Council will direct residents to appropriate departments when resident inquiries arise that concern the delivery of City services. Policy 6. Accountability of the City Manager. The City Manager is accountable to the Mayor and City Council and is the Mayor and Council’s link to the operational achievement and conduct of City staff. III. LEGISLATIVE ACTIONS The City Council affirmatively acts by voting at City Council a meetings. Four types of legislative actions taken at City Council meetings are General Motions, Resolutions, Ordinances, and Charter Amendments. A. General Motions. General motions are used for approval of a Council position or a letter, to give direction to staff, to approve contracts, or to set policy. They do not update the City Code or Charter. B. Resolutions. Resolutions are used to set forth legal decisions and official positions of the City Council, to set policy, to establish commissions, and to implement programs. Resolutions do not update the City Code or Charter and do not have specific public hearing requirements. Resolutions may be introduced and voted on at the same meeting, and are usually effective immediately upon adoption. C. Ordinances. 1. Purpose and Requirements. The City Council updates the City Code, and adopts other measures as required by State law, by Ordinance, which is enacted pursuant to the provisions of Article VIII of the City Charter. An Ordinance requires an introduction and a public hearing 2 019 prior to adoption, and may not be adopted at the meeting at which it is introduced, unless designated as an emergency ordinance. 2. Public Hearing; Notice. As required by Art. VIII, § C8-2, a public hearing shall be held on proposed ordinances following the advertisement of the ordinance or a fair summary thereof on City controlled media such as the City website, cable channel, bulletin board and City email listserv. Emergency ordinances shall be considered pursuant to § C8-2B of the College Park Charter. 3. Majority vote. The affirmative vote of a simple majority of the members of the City Council present and voting shall be required for the enactment of ordinances, except as otherwise required by law. 4. Adoption. The Council shall not adopt an ordinance or ordinance amendment at the same meeting at which the ordinance is introduced unless it is declared an emergency ordinance. Ordinances shall become effective upon expiration of twenty (20) days following Council approval unless the Council declares otherwise. D. Charter Amendment Resolutions Charter Amendment Resolutions are used only to amend the City Charter. Charter amendments may be enacted by charter resolution pursuant to the provisions of §4-301 et seq., of the Local Government Article, Annotated Code of Maryland, and the City Charter. Prior to adoption, a public hearing shall be held on charter resolutions initiated by the Council following advertisement of the resolution or a fair summary thereof on the City website, cable channel, bulletin board and City email listserv and publication in a local newspaper of general circulation. The Council shall not adopt a charter resolution at the same meeting at which it is introduced. The pre-adoption notice and publication requirements of this subsection, as well as the requirement that the charter resolution not be adopted at the meeting at which it is introduced, are self-imposed and may be overridden by the Council by a majority vote. IVII. MEETINGS A meeting occurs when a quorum of the Mayor and City Council convenes to consider or transact public business. (Section C6-2 of the City Charter) 3 020 A. Meeting Schedule. An annual meeting schedule shall be approved by the Mayor and City Council at its first Regular Meeting in December of each year. Public notice of any changes to the meeting schedule shall be provided as soon as possible. In an election year, the schedule shall be approved by the new Council. Any time requirements related to amendments to agendas and submission of meeting materials will be adjusted accordingly when the meeting is held on a day other than Tuesday. B. Regular Meetings. The Mayor and Council shall normally meet in Regular Meetings on the second and fourth Tuesday of each month if necessary, but, in no event, less frequently than required by Art. VI, § C6-1 of the Charter. The Mayor and Council may meet on other days when, in its judgment, an alternative day is either necessary or desirable. Regular meetings are the voting sessions when the Mayor and Council are seated at the dais and take official action. C. Worksessions. The Mayor and Council will normally meet in Worksession meetings on the first and third Tuesday of each month. The Mayor and Council may meet on other days when, in their judgment, an alternative day is either necessary or desirable. Additional Worksessions may be scheduled by the Mayor and City Council as required. During Worksessions, the Mayor, Council, and staff hear presentations, discuss the merits of proposed legislation, discuss details of proposed programs, and give direction to staff. When necessary, the Mayor and Council may enter into Special Session. Special Sessions allow the Mayor and Council to take action on items when time doesn't allow for action to occur at the next Regular meeting. D. Special Meetings. The Mayor and City Council may meet in Special Meetings upon written request of either the Mayor or two members of the City Council. Notice of Special Meetings shall be given to each Councilmember at least twenty-four (24) hours in advance of such Special Meeting and shall contain the purpose, date, time and place of such meeting. The matter or matters to be considered at a Special Meeting of the Mayor and City Council shall be stated in the call to the meeting. No other matters shall be considered unless all members of the Mayor and Council are present. 4 021 E. Emergency Meetings. Emergency Meetings may be called with the consent of two-thirds of the Mayor and City Councilmembers available for matters constituting a severe and imminent danger to the health, safety or welfare of the public. Notice of such meetings shall be given as is feasible under the circumstances. F. Closed Sessions. The Mayor and City Council may close a meeting to the public by a vote in open session under the circumstances, conditions and for reasons set forth in Art. VI, § 6-3 of the Charter. Notice of Closed Sessions shall be given as required by law. G. Information Meetings. The Mayor and City Council may hold Information Meetings to present information to, and obtain feedback from, residents of the City. The Mayor and City Council will determine the rules governing presentations made at such meetings. H. Limitation on Number of Meetings. No more than four meetings may be held in any given month, unless approved by a majority of the Council present and voting. Except in the event of an emergency as determined in subsection E, in no event may council approve more than two additional meetings in any given month. I. Place of Meeting. All meetings of the Mayor and City Council, unless otherwise determined, shall be held at the College Park City Hall, Council Chambers, located at 4500 Knox Road, College Park, Maryland. In addition to the customary forms of notice, the notice of change in meeting place shall be prominently posted on the door of the regularly scheduled meeting place. J. Meeting Time. 5 022 Meetings of the Mayor and City Council shall begin at 7:30 p.m. unless a different starting time is established by the Mayor and City Council and reasonable notice thereof is provided to residents of the City. K. Public Notice of Meeting. Proper notice of all meetings of the Mayor and City Council shall be provided to the public by the City Clerk. L. Quorum. 1. Quorum requirements. A quorum shall constitute five consist of five (5) Councilmembers of the City Council and the presiding officer. To . The Mayor shall serve as the presiding officer. A Councilmember acting as the presiding officer in the absence of the Mayor may be counted as part of the Council quorum and may vote as a Councilmember. To conduct official business, a quorum must be present at all times. To be "present" is defined as being within the Council Chambers or the place in which the meeting is being held as that area may be defined from time to time by the Mayor and City Council. Worksessions do not require a quorum of the Council because the Council does not take official action during Worksessions. 2. Loss of quorum. Once a Regular meeting has been properly convened with the presence of a quorum and the number of persons necessary to constitute a quorum is no longer present, the presiding officer or a Councilmember should bring this fact to the attention of the Mayor and City Council and the Mayor and City Council shall then be automatically, temporarily recessed until a quorum is reestablished. Upon reestablishment of the quorum, the Mayor and City Council shall resume consideration of the matter before it at the time of the recess. If, in the opinion of the presiding officer, a quorum cannot be obtained within a reasonable period of time, the presiding officer shall declare the meeting adjourned until the next scheduled meeting. At that next meeting, after taking up the usual preliminary matters, the Mayor and City Council shall resume its consideration of the matter that was before it when it previously adjourned. This shall not prevent any Councilmember from moving to table, defer, postpone, or make any other appropriate motion with respect to any pending matter. 6 023 M. Agendas. 1. Content. The agenda shall outline the established order of business. 2. Preparation. A proposed agenda is prepared from the a master list of Council-approved items and generated from requests by the Mayor, Councilmembers and staff and as items arise that are timely and necessary for the conduct of City business. A discussion of the proposed agenda for the following regular meeting will take place at the preceding Tuesday Worksession. After the Tuesday Worksession the Mayor, Councilmembers and staff may add to the proposed agenda as necessary for the efficient conduct of City business, with notice to the Mayor, Council and the City Clerk, before the agenda is finalized for publication. The proposed agenda for all meetings of the Mayor and Council will be finalized for publication by the City Manager and City Clerk in consultation with the Mayor on the Friday before the meeting. Proposed agendas shall be created that can be reasonably accomplished within three hours. 3. Master List. Staff shall maintain the a master list of items and may add to it and the proposed agenda as necessary for the efficient conduct of City business. The Mayor or Councilmembers may request that items be added to the master list at meetings, and at other times, with notice to the Mayor, Council and staff. Items should only be added to the Master list or to an agenda once the following are considered: 1) Does it fit with the conform to the City Mission? and Strategic Plan (The City of College Park provides open and effective governance and excellent services that enhance the quality of life in our community.) 2) Is it urgentAre there time considerations? 3) Does it affect a significant majority of residentsall of the people? 4) Is it a special interest? 54) Is there another way to handle before devoting it worth Mayor and Council discussion time /? Staff time? 65) Is there another way to handle itIs it strategic/big picture in nature? Before the Mayor and Council may add an item to a Master list of future agenda items, a majority of Councilmembers must agree to an item being added. This can be done at a worksession or a regular meeting during the agenda approval process. 4. Proposed amendments to the published agenda. The Council is the final authority regarding consideration of items on the agenda is the Council. The Council may add, delete, or amend 7 024 agenda items as it deems necessary on the night of the meeting through its regular agenda approval process, per Section M.7. Proposed amendments to add to or delete items from the published agenda by the Mayor or a Councilmember must be sent to the Mayor, Council and staff by close of business on the Monday before the meeting to receive consideration at the meeting on Tuesday. Any such proposed amendment shall be made available to the general public on the City’s website by Tuesday morning. Proposed amendments to the published agenda may be made by staff as necessary for the efficient conduct of City business. Any proposed amendments to the agenda submitted after the publication of the agenda may be considered by consent of a simple majority of members of the Mayor and City Council present at the meeting. 5. Notice of Agenda. Agendas for Regular Meetings and Worksessions shall be published on the Friday prior to the meeting. 6. Consent Agenda. Items of routine business that generally require no discussion by Council may be placed on the Consent Agenda of a Regular Meeting. Any member of the Council may remove an item from the Consent Agenda and place it under Action Items. 7. Adoption of Agenda. All meeting agendas and amendments shall be approved by the City Council at the beginning of the meeting. Items on the agenda can be reordered by the Mayor and City Council during the scheduled meeting. N. Distribution of Meeting Materials. 1. Distribution. Meeting materials will be prepared by the City Clerk and published with the agenda and made available to the Mayor and Council and the general public (except for materials which are legally privileged or confidential) no later than close of business on the Friday immediately preceding the meeting at which such matters are to be considered. The Mayor, Council and staff shall use emails and telephone calls whenever possible to reduce the need for explanation and discussion. Materials shall be delivered to the Mayor and Council pursuant to arrangements established with each official. Any meeting materials for items on the published agenda not included in the Friday distribution shall be emailed to Mayor and Council as soon as available. 8 025 2. Meeting materials for additions proposed by the Mayor and Councilmembers. Any meeting materials for a proposed addition by the Mayor or a Councilmember to the published agenda that are not included in the distribution of meeting materials on Friday must be provided to Mayor and Council by close of business on Monday by email to receive consideration at the meeting on Tuesday. Any such meeting materials shall be posted on the City’s website by Tuesday morning unless the material distributed is legally privileged or confidential. 3. Meeting materials for additions proposed City staff. Any meeting materials for a proposed addition by staff to the published agenda that are not delivered to Mayor and Council with the Friday distribution of information will be emailed to Council as soon as available. 4. Meeting Folder: Any items submitted after the Friday distribution will be included in a separate folder for Mayor and Council at the time of the meeting, outside of the main Council packet. O. Conduct of Regular Meetings. 1. Presiding Officer. The Mayor shall preside at all meetings of the Mayor and City Council. The Mayor Pro Tem shall preside at all meetings in the absence of the Mayor. In the absence of both the Mayor and the Mayor Pro Tem, the Mayor, or the Mayor Pro Tem, if the Mayor is not available to do so, shall designate a member of the City Council to preside in their absence. 2. Parliamentary Authority. Robert's Rules of Order, Newly Revised, as amended, shall govern all questions of procedure not otherwise provided for in these rules or by State or Federal Law. 3. Procedure. a. Recognition. Councilmembers shall be recognized by the Mayor or presiding officer before speaking. Other persons at a meeting of the Mayor and City Council may speak only when called upon or authorized. b. Comments on Agenda Items. A Councilmember who introduces an agenda item for action by the Mayor and Council may provide comments relating thereto after the item has received a second. Comments by the Councilmember who introduces an agenda item shall be limited to five minutes. The time required to actually state the motion shall not be included in the five minutes. Following introduction and seconding of an agenda item, each member of the Council may provide two comments on the item. Each cComments shall be limited to three minutes and 9 026 should focus on the motion under consideration. Amendments shall be treated as a new item for purposes of Council comments. When considering items where many questions are anticipated, a “round” approach shall be used in which each Councilmember, the Mayor, and appropriate staff shall be limited to one question per “round”. Council meetings are for decision making, action and votes. The presiding officer shall cut off overly lengthy remarks with support by the Council. No surprises shall be sprung on tThe Mayor and, Councilmembers shall aspire to avoid surprises and unexpected questions at meetings in order to allow staff appropriate time to prepare for such questions to be answered accurately. , or staff. Nothing shall be brought up unexpectedly at a meeting. Items should added per the provisions of Section M.3. c. Council CommentsReports. During the time established for Council comments Reports at the end of any formal Council meeting agenda, the Mayor and Councilmembers may offer provide reports or updates on committee meetings, trainings or seminars they have attended. Reports should be comments provided they are limited to five three minutes. Council comments shall be limited to no more than three items. 4. Motions in Writing. All motions pertaining to Ordinances, Council policies or other substantive proposals shall, where possible, be made in writing. 5. Reconsideration. A motion to reconsider a vote on any action may be made no later than the next Regular Meeting following the meeting at which the action to be reconsidered was taken. A motion to reconsider may be made only by a Councilmember who voted on the prevailing side of the action to be reconsidered or by a member absent when the vote was taken, although any member of the Council, and the Mayor when voting as allowed by law, may support the motion to reconsider. A motion to reconsider may be approved by a simple majority of those Council members present and voting. The same number of votes shall be required to approve the action upon reconsideration as was required to pass or adopt the original action. 6. Voting by Councilmembers, Mayor. When a question is put forth by the presiding officer, every member of the City Council present, and the Mayor, when authorized by law to vote, shall vote for or against the question before the Council unless the Councilmember or Mayor provides an explanation for abstaining. Every Councilmember, or the Mayor, when authorized by law to vote, may refrain for just legal cause and will announce the legal reason or justification for abstaining from voting.either "Yes" or "No," or shall abstain from voting. Each member of the Council may make a brief statement explaining the reasons for the member's vote or abstention. 10 027 The Mayor, when authorized by law to vote, shall vote either “Yes” or “No,” or shall abstain from voting and may make a brief statement explaining the reasons for the vote or abstention. Upon request of any Councilmember or decision by the Mayor, a roll call vote will be taken. 7. Public Participation. Members of the public may speak at public meetings of the Mayor and City Council according to procedures established by the Mayor and City Council. a. Sign-up Procedure. Cards will be placed in the back of the room for people to sign if they wish to speak. When they come to the podium, they will give the cards to the City Clerk. This will assure that the Minutes record the proper spelling of the name and a correct address. When the person addresses Any person addressing the Mayor and Council that person should state their name and address OR the municipality in which they reside, for the record. Those addressing the Mayor and Council should do so in a courteous and considerate manner. b. Oral Comment. 1. Non-agenda and Consent Agenda Items. Comments are limited to three minutes per person and will be taken at the beginning of the Council meeting 2. Action Items. Comments are limited to three minutes for individuals and five minutes for speakers representing a group or organization. The Mayor and Council may, by simple majority vote of those present, alter or waive the time requirements. 3. General Comments. After the portion of the meeting devoted to general Council comments at the end of the meeting, a person may speak for up to five three minutes. c. Written Comment. Comment may be submitted in writing at or prior to the meeting. In order to be received by the Council as part of the record, the comment must include the specific agenda item to which it relates and the full name and address of the person submitting the comment. Comments that are submitted to the City Clerk prior to the close of business (5:00 p.m.) on the day of the meeting will be provided to the Mayor and City Council at the start of the meeting. 8. End of Meeting. It is the goal of the Mayor and Council to complete all Regular Council Meetings by 10:0030 p.m. If the meeting has not adjourned by 10:30 p.m., then a motion, a second, and majority approval must be made to continue the meeting another 30 minutes at which time, the meeting must adjourn. P. Conduct of Worksessions. 11 028 1. No person or group shall be interrupted by the Mayor or any Councilmember during a presentation at a Worksession. Questions may be asked at the end of the presentation. 21. Neither the Mayor nor any member of Council may speak for more than five minutes without interruption upon any single agenda item. The presiding officer shall deny the floor to any member of the Council after that person has spoken for five minutes or more, either at the presiding officer’s own instance or upon a point of order. 23. A request for a show of hands not to discuss an agenda item any further shall always be in order. 43. Presentations from developers in advance of requests for City support shall be generally limited to forty minutes. 54. It is the goal of the Mayor and Council to complete all Worksessions by 10:30 00 p.m. In the absence of a straw vote of a simple majority of Council to continue the proceedings, all Worksessions must cease by midnight, and the Council is therefore considered adjourned. 65. Because a quorum is not required, individual Councilmembers or the Mayor may leave the meeting without affecting the continuation of the Worksession. Q. Disorderly Conduct. 1. The presiding officer shall preserve decorum, and will determine points of order, subject to the right of any Councilmember to appeal to the Council, call to order any person who disrupts the orderly conduct of business at meetings including speaking without being recognized, exceeding designated time limits, failure to be germane to the issue being presented or use of vulgarities. The presiding officer will enforce order, prevent attacks on personalities or the impugning of members’ motives, and keep those in debate to the question under discussion. 2. Any person making disruptive or threatening remarks or actions during a meeting may be barred by the presiding officer from further attendance at that meeting, unless permission is granted by a majority vote of the Councilmembers present. R. Record of Meetings. 12 029 1. Responsibility for meeting record. The City Clerk or the City Clerk's designee shall be responsible for minutes of each Regular Meeting and Worksession of the Mayor and City Council and for maintaining the official record, which shall include all Council actions. Minutes shall include: a. all motions made, the name of the motion maker and second, the method and outcome of the votes taken, names of guests and their affiliation; and b. copies of resolutions, new or revised ordinances or other actions approved by the Mayor and City Council. 2. Public access to meeting records. Minutes and records of meetings of the Mayor and City Council shall be made available to the public by the Clerk in accordance with the Public Information Act and the State Open Meetings Laws. S. Conduct of Councilmembers. 1. If the Mayor or any member of the Council indulges in any language or conduct unbecoming to the office, the member shall be called to order by the presiding officer and, in such case, the offending member shall lose the floor and shall not proceed without 'the approval of the majority of the members present. The Mayor and Council may, by majority vote of all members of the Mayor and Council, excluding the offending member, expel the Mayor or any member of the Council from a meeting for disorderly conduct or violation of Council rules. 2. Councilmembers will preserve order and decorum during Council meetings and will not by conversation or other action delay or interrupt the proceedings or refuse to obey the orders of the presiding officer and Council Rules. Councilmembers will wWhen addressing staff or the Mayor and fellow Councilmembers, Councilmembers shall confine themselves to questions or issues that are under discussion; and will treat each other and staff with respect. 2. Conflict of Interest. The Mayor or any Councilmember shall not participate in any matter pending before the Council in which the Mayor or Councilmember has a conflict of interest, as defined in the City's Code of Ethics, or has taken a formal position as a party in a legal matter which is contrary to the legal position of the City of College Park in such matter. 13 030 IV. MISCELLANEOUS A. Representation or positionCommunication by Mayor or individual Councilmembers. When the Mayor or a Councilmember provides information to residents, the elected official shall identify that the communication is from the individual elected official and is not City sanctioned or approved. Further, if an elected official gives a statement in their elected capacity on an issue affecting the City, the Mayor or Councilmember shall first identify the adopted position of Mayor and Council with respect to that subject, if any. Thereafter, the Mayor or Councilmember may provide a statement of personal opinion or comment (including a minority or opposing viewpoint), provided the Councilmember expressly acknowledges that such statements do not represent the position of the City. B. Use of Staff Resources. Mayor and Councilmember requests that will require City resources or detract staff from their regular duties of fulfilling the mission, vision, and strategic plan of the City and priorities of the Council should be brought to the Council for Council discussion and consideration per Section M.3. A rRequests for information concerning City service or functions should be made through the City Manager or to the appropriate Department Head with a courtesy copy to the City Manager. Responses will include the question and the answer and include the Mayor and Council to ensure all elected officials receive the same information. use of staff time, other than standard requests for information from department heads, by the Mayor or a Councilmember must be made through the City Manager unless already approved by the Mayor and Council. C. Public Notice. Any public notice required in these rules shall be given in the following manner unless otherwise stated herein: by posting on the City website, the City cable channels, City Hall Bulletin Board and City email listserv. 14 031 4 Review Of State/County Legislation 032 11785 Beltsville Drive, 10th Floor Calverton, Maryland 20705 (301) 572-7900 Fax (301) 572-6655 www.omng.com Memorandum TO: Bill Gardiner, Assistant City Manager City of College Park FROM: Leonard L. Lucchi, Esquire Eddie L. Pounds, Esquire City Lobbyists DATE: March 16, 2018 RE: Weekly Report ______________________________________________________________________________ We are fast approaching bill crossover date, which is Monday, March 19, 2018. Here is a list of pertinent issues: 1. HB 42 - Vehicle Laws - Use of Handheld Telephone While Driving – Penalty – This bill would establish a maximum fine of $500 for a violation of certain prohibitions against using a handheld telephone while driving a motor vehicle. The bill was heard in the House Environment and Transportation Committee on January 25, 2018, where it received a favorable report and is now on Second Reader. The bill has now passed Third Reader (77-59). Will be heard by the Senate Judicial Proceedings Committee on March 20, 2018. 2. HB 78 (SB 222) – Foreclosed Property Registry - Updated Information - Notice to Local Governments – This bill clarifies notification procedures that must be taken by the Department of Labor, Licensing and Regulation for certain counties and municipalities concerning information entered into the Foreclosed Property Registry. The House bill was heard on Tuesday, January 23, 2018, in the House Environment and Transportation Committee, where it received a favorable report and passed Third Reader (135-0). The Senate bill was heard on Wednesday, January 31, 2018, in the Senate Judicial Proceedings Committee where it received a favorable report and passed Third Reader (44-0). We believe the bill has a strong likelihood of passage as it is supported by the Maryland Municipal League. 3. HB 99 – Small Business Relief Tax Credit – This is the Governor’s response to the General Assembly’s decision to override his veto of the Maryland Healthy Working Families Act (also known as the “Paid Sick Leave” legislation). The bill is supposedly designed to provide tax 1 033 credits to employers who need help absorbing the impact of the sick leave law. The bill was heard by the House Committee on Ways and Means on February 21, 2018. 4. HB 140 – Public Safety – Emergency Medical Services – Bicycle Response Unit – This bill authorizes a municipality to establish (by local ordinance) an emergency medical response unit that operates by bicycle. Local revenues would not be impacted as the State Emergency Medical Services (EMS) Board would handle the bill’s fiscal requirements. The bill was heard by the House Judiciary Committee on January 23, 2018 and received an unfavorable report. 5. HB 165 – Property Tax Credit – Widow or Widower of Veteran – This bill would alter the eligibility for a credit against the county or municipality property tax for certain veterans, widows or widowers of certain veterans. The property tax cannot exceed 20% of the county or municipality’s property tax imposed on the property and is only for a 5-year period. The bill was heard on February 6, 2018, in the House Ways and Means Committee. The bill is not expected to gain much traction. 6. HB 182 (PG 404-18) –Prince George’s County-Vacant and Abandoned Property-Foreclosure - This bill would authorize Prince George's County or a municipality in Prince George's County, with regard to certain vacant and abandoned residential property in Prince George's County, to file an action to compel any mortgagees to complete a mortgage foreclosure proceeding or have the mortgage discharged under certain circumstances. The bill is assigned to the House Environment and Transportation Committee. The bill is unlikely to pass. 7. HB 206 – Prince George’s County – Alcoholic Beverages – Class BLX License – Movie Theaters – This bill authorizes the issuance of a Class BLX license to a movie theater under certain circumstances, including renovations or remodeling exceeding $2,000,000 and if the theater is geographically situated within certain areas, including the Capital Beltway. The bill is assigned to the Law Enforcement Committee of the Prince George’s House Delegation. The bill was heard in the House Economic Matters Committee on February 19, 2018. The bill is unlikely to pass. 8. HB 208 (PG 407-18) – Prince George’s County – Property Tax – Homeowners Property Tax Credit Supplement – This bill would require the Prince George’s County Council to grant a certain property tax credit to supplement the State homeowner’s property tax credit. The bill was heard by the House Committee on Ways and Means on February 6, 2018. The bill is unlikely to pass. 9. HB 209 (PG 401-18) – Prince George's County - Asset Transfer for Magnetic Levitation Transportation System - Municipal Agreements– This bill would require Prince George’s 2 034 County to enter into negotiations with a municipality in connection with the development of a magnetic levitation transportation system (Maglev). The bill is assigned to the Environment and Transportation Committee. The bill is unlikely to pass. 10. HB 217 (PG 420-18) – Prince George’s County-Authority to Impose Fees For Use of Disposable Bags – This bill would authorize Prince George's County to impose, by law, a fee on certain retail establishments for use of disposable bags as part of a retail sale of products; limiting the amount of the fee to no more than 5 cents for each disposable bag used; and defining "disposable bag" as a plastic bag provided by a store to a customer at the point of sale. The bill is assigned to the House Environment and Transportation Committee. The bill is unlikely to pass. 11. HB 231(PG 405-18) – Prince George’s County – Property Tax Credit for Security Camera Systems – This bill authorizes Prince George’s County to grant, by law, a property tax credit for residential or commercial property equipped with an exterior security camera system for the purpose of crime prevention. The bill takes effect June 1, 2018, and applies to taxable years beginning after June 30, 2018. The bill was heard on January 30, 2018, by the House Ways and Means Committee. The bill passed out of the Prince George’s House Delegation also voted the bill out favorable last Friday. The bill received a favorable report by the House Ways and Means Committee, and is now on Second Reader. 12. HB 232 (PG 402-18) - Prince George's County - Asset Transfer for Maglev - Hearing and Approval Requirements – This bill would require the Prince George’s County Council to hold a public hearing before the transfer of an asset of the county as part of the development of a magnetic levitation transportation system (Maglev) in the county; requiring notice of the public hearing to be delivered by first-class mail to all homeowners and businesses located within 500 feet of the asset at least 15 days before the public hearing; requiring certain approval by certain county and municipal entities of a transfer of a certain asset of the county. The bill is assigned to the House Environment and Transportation Committee. The bill is unlikely to pass. 13. HB 235 (PG 414-18) – Prince George’s County – School Facilities Surcharge – Affordable Housing Requirement – The Affordable Housing Act of 2018 - This bill would establish that certain exemptions from and reductions of the school facilities surcharge on certain residential construction in Prince George's County do not apply unless at least 20% of the construction is designated as affordable housing for residents whose income does not exceed 80% of the Area Median Income for Prince George's County established by the U.S. Department of Housing and Urban Development. The bill is assigned to the House Environment and Transportation Committee, where it was heard on March 14, 2018. 14. HB 239 (PG 412-18) – Prince George’s County – Sales of Residential Property – Community Amenities – Advertising – This bill requires any advertising for the sale of residential real property in a community development in Prince George's County that will include a certain 3 035 community amenity to include a disclosure statement identifying the community amenity and specifying when the community amenity will be completed; and applying the Act prospectively. The bill is assigned to the House Economic Matters Committee. We will observe the hearing once the date has been determined and provide an assessment of likelihood for passage. The bill is assigned to the County Affairs Committee of the Prince George’s House Delegation, where it received a favorable with amendment report. The bill received a favorable report with technical amendments on February 14, 2018, in the House Economic Matters Committee. The bill passed Third Reader (136-0) and is now on First Reader in the Senate Judicial Proceedings Committee, where it will be heard on March 20, 2018. 15. HB 241 (PG 513-18) – Prince George’s County – Telecommunications Transmission Facility on Public School Grounds – Public Hearing and Notification – This bill would require a telecommunications company that is proposing to install a telecommunications transmission facility on public school grounds to first hold a public hearing at the public school located on the grounds where the installation will occur, before the Chief Executive Officer of PGCPS executes a notice to proceed with installation. The bill was heard by the House Ways and Means Committee on February 8, 2018. 16. HB 400 – Agriculture – Mosquito Control – Notification to Municipalities – This bill would require the State, county, or a bi-county agency to give the municipality at least 24 hours advanced notice before spraying a mosquito control pesticide in the municipality. The bill was heard in the House Committee on Environment and Transportation on February 7, 2018, which voted the bill favorable with amendments. The bill passed Third Reader (133-0). The bill is on First Reader with the Senate Committee on Education, Health and Environmental Affairs, with a bill hearing scheduled for March 20, 2018. The bill has a strong likelihood of passage as it is supported by the Maryland Municipal League. 17. HB 410 (PG/MC 108-18) – Maryland – Washington Regional District – Prince George’s County – Municipal Authority – This bill was first introduced during the 2017 legislative session, where it passed the House Committee on Environment and Transportation, but despite tremendous progress and momentum, it failed to receive a vote on the floor of the Senate and died before the Senate concluded its business on Sine Die. As you may recall, this bill essentially authorizes a reasonable addition to existing statutory authority as it relates to the ability of a municipality to regulate fences, by allowing municipalities to prescribe the height of fences. The bill is assigned to the Bi-County Affairs Committee of the Prince George’s House Delegation, which passed the bill with technical amendments on Thursday, February 1, 2018. The bill has passed out of the Prince George’s County and Montgomery County House Delegations, with the technical amendments. The bill will next be considered by the Montgomery County Senate Delegation and was heard by the House Environment & Transportation Committee on March 13, 2018. The bill received a favorable with amendments report. 4 036 18. HB 412 (SB 207) – Health Insurance – Medical Stop-Loss Insurance – Repeal of Sunset – Bill would repeal the termination date of certain provisions of law relating to medical stop-loss insurance. The House bill was heard in the House Committee on Health & Government Operations on February 7, 2018, where it received a favorable report and has passed Third Reader (137-0). The Senate bill was heard in the Senate Committee on Finance on February 7, 2018, where it received a favorable report and passed Third Reader (45-0). We believe the bill has a strong likelihood of passage as it is supported by the Maryland Municipal League. 19. HB 432 (SB 545) – Public Safety – Maryland Violence Intervention and Prevention Program Fund – Establishment – This bill establishes the Maryland Violence Intervention and Prevention Program Fund and the Maryland Violence Intervention and Prevention Advisory Council within the Governor’s Office of Crime Control and Prevention. The purpose of the fund is to (1) provide funds to local governments for the distribution of grants to implement evidence-based health programs or evidence-informed health programs and (2) evaluate the efficacy of the programs funded as a result of the bill. The Governor must annually appropriate at least $5 million to the fund. The bill takes effect July 1, 2018. The House bill is assigned to the House Appropriations Committee and was heard on February 6, 2018, where it received a favorable with amendments report. The House bill passed Third Reader (130-5). The Senate bill is assigned to the Senate Budget & Taxation Committee and was heard on February 27, 2017. The bill is supported with amendment by the Maryland Municipal League. 20. HB 492 – Vehicle Laws – Use of Handheld Telephone While Driving – Penalty – This bill increases the maximum fine to $500 for unlawfully using a handheld telephone while driving. The bill repeals the existing, tiered maximum fines for a violation of $75 for a first offense, $125 for a second offense, and $175 for a third or subsequent offense. This bill was heard by the House Committee on Environment and Transportation on February 15, 2018. The bill has received an unfavorable report. 21. HB 526 – Income Tax – Angel Investor Tax Credit Program – This bill would allow certain investors to be eligible for a tax credit against State income tax for investing in a qualified innovation business. A qualified innovation business does not include a qualified Maryland biotechnology company or a qualified Maryland cybersecurity company. The bill was heard by the House Committee on Ways and Means on February 14, 2018. 22. HB 535 (SB 407) – Transportation – Complete Streets Program – Establishment – This bill establishes the Complete Streets Program as a competitive grant program within the Maryland Department of Transportation (MDOT). The Governor must annually appropriate a minimum of $1 million from the Transportation Trust Fund (TTF) for the program. Local governments that develop complete streets policies and are certified by MDOT may apply for grants from the program to finance the design and planning of eligible projects. The bill takes effect July 1, 2018. The House bill is assigned to the Environment and Transportation Committee, which heard the bill on February 22, 2018. The House bill received a favorable with amendments report. The Senate bill is assigned to the Finance Committee and was heard on March 14, 2018. The Senate bill has passed Second Reader with amendments. The legislation has a strong likelihood of passage, as it is supported by the Maryland Municipal League. 5 037 23. HB 615 – Municipalities – Charter Amendments Procedures – This bill would require a public hearing be held before the adoption of a resolution initiated by the municipality’s legislative body that proposes an amendment to the municipal charter, with at least 21 days’ advance notice of the public hearing. The bill would also require a proposed charter amendment that changes a municipality’s form of government to be submitted to referendum and approved by the voters at the next regular municipal general election before it can go into effect. The bill was heard on February 13, 2018 by the House Environment and Transportation Committee, where it received a favorable with amendments report. The bill has passed Third Reader (137-0) and is now on First Reader with the Senate Committee on Education, Health and Environmental Affairs, with a bill hearing scheduled for March 22, 2018. The bill has a strong likelihood of passage, as it is supported by the Maryland Municipal League, with amendments. 24. HB 637 - Counties-Asset Transfer for High-Speed Transportation System – Hearing and Approval Requirements – This bill establishes additional requirements for a county before it may transfer an asset of the county as part of the development of the Maglev transportation system or a high-speed tunnel system that passes through the county. The bill, which is sponsored by Delegate Valentino-Smith, was heard on February 15, 2018, and received strong support from the Cities of Bowie, Greenbelt and Bladensburg. The bill is supported by the Maryland Municipal League, with amendments, however, it appears unlikely to pass. 25. HB 638 – Counties and Municipalities – Asset Transfer for High Speed Transportation Systems – Agreements – This bill requires a county, before it transfers a county asset located in a municipality as part of the development of the Maglev transportation system or a high-speed tunnel system, to negotiate a written agreement with the municipality. The bill, which is sponsored by Delegate Valentino-Smith, was heard on February 15, 2018, and received strong support from the Cities of Bowie, Greenbelt and Bladensburg. The bill is supported by the Maryland Municipal League, with amendments, however, it appears unlikely to pass. 26. HB 672 – Vehicle Laws – Intersections – Prohibited Acts – This bill would prohibit cars from entering intersections against certain traffic signals if the vehicle is unable to safely and completely proceed through the intersection. The bill was heard by the House Committee on Environment and Transportation on February 22, 2018. The bill has passed Second Reader with amendments. 27. HB 677 (SB 477) – Public Information Act – Required Denials – Physical Addresses, E-Mail Addresses, and Telephone Numbers – This emergency bill requires a custodian to deny, under the Maryland Public Information Act (PIA), any request for inspection of a distribution list and a request to be added to a distribution list, if that list identifies a physical or email address or a telephone number of an individual that is used by a governmental entity or an elected official for the sole purpose of (1) periodically sending news about the official activities of the governmental entity or elected official or (2) sending informational notices or emergency alerts. The House bill was heard on February 21, 2018, by the Health & Government Operations Committee and passed Second Reader with amendments. The House bill passed Third Reader (132-4) and is now on Second Reader in the Senate Education, Health and Environmental Affairs Committee. The Senate bill was heard on February 14, 2018, by the 6 038 Education, Health and Environmental Affairs Committee and passed Third Reader (47-0). The Senate bill is now on First Reader with the House Health and Government Operations Committee. The bill has a strong likelihood of passage and is supported by the Maryland Municipal League. 28. HB 686 (SB 742) – Income Tax – Wynne Case – Local Government Repayments to the Local Reserve Account - This bill delays by two years the time period in which local jurisdictions must reimburse the local income tax reserve account pursuant to specified refunds resulting from the final decision under Maryland State Comptroller of the Treasury v. Brian Wynne, et ux., 431 Md. 147 (2013) (Wynne case). The House bill was heard by the Ways & Means Committee on February 21, 2018, where it received a favorable with amendments report and passed Third Reader (137-0). The House bill is scheduled to be heard by the Senate Budget and Taxation Committee on March 20, 2018. The Senate bill was heard by the Budget & Taxation Committee on February 21, 2018, where it received a favorable report and passed Third Reader (44-1). The Senate bill is scheduled to be heard by the House Ways and Means Committee on March 21, 2018. The bill has a strong likelihood of passage, as it is supported by the Maryland Municipal League. 29. HB 695 – Open Meetings Act – Closed Meetings – Cybersecurity – This bill authorizes a public body to meet in closed session to discuss cybersecurity, under the Open Meetings Act, if the public body determines that public discussion would constitute a risk to specified security assessments, deployments, or network security information. The bill was heard by the House Health & Government Operations Committee on February 21, 2018, where it has passed Second Reader with amendments. The bill has passed Third Reader (137-0) and will be heard by the Senate Committee on Education, Health and Environmental Affairs on March 22, 2018. The bill has a strong likelihood of passage as it is supported by the Maryland Municipal League. 30. HB 714 – Vehicle Laws – HOV Lanes – Plug-In Electric Drive and Hybrid Vehicles – This bill extends the termination date to September 30, 2018, for “qualified” hybrid and plug-in electric cars to use certain HOV lanes regardless of the number of passengers. The bill was heard by the House Committee on Environment and Transportation on February 22, 2018. The bill passed Third Reader (133-5). 31. HB 750 – Economic Development Income Tax Credits – Multiple Claims – Prohibition – This bill would prohibit individuals from claiming multiple income tax credits for certain economic development projects. The bill was heard by the House Committee on Ways and Means on February 21, 2018. 32. HB 807 (SB 516) – Transportation – Highway User Revenues – Distribution – This bill alters the distribution of funds in the Gasoline and Motor Vehicle Revenue Account (GMVRA) of the Transportation Trust Fund (TTF) over two years beginning in fiscal 2020 to provide 86.8% to the Maryland Department of Transportation (MDOT) and 13.2% to local jurisdictions distributed as follows: Baltimore City (8.9%) and municipalities (2.8%). The county distribution (1.5%) is not altered by the bill. The bill takes effect July 1, 2018. The House bill 7 039 was heard on February 22, 2018, by the Environment & Transportation Committee and has passed Second Reader with amendments. The Senate bill was heard on March 7, 2018, by the Senate Budget & Taxation Committee. Last week, we reported that the House bill appeared to be advancing after signs pointing to the bill marking a negotiated “deal” including legislative leaders from both chambers, clearing its path to passage this session. There is now an agreement in the Senate as well. This is a compromise amongst the Maryland Municipal League, the Maryland Association of Counties and Leadership. The legislation does not fully restore what municipalities once received, however it is still better than what municipalities are currently receiving. The funding is said to be guaranteed for five (5) years, which should provide for more predictability in budgeting. 33. HB 829 (SB 730) – Local Government – Municipal Elections – No-Excuse Absentee Voting - This bill prohibits a municipality from requiring an individual to provide a reason that the individual will be unable to vote in person on Election Day in order to vote by absentee ballot. The bill takes effect June 1, 2018. The bill is assigned to the House Ways and Means Committee, where it was heard February 16, 2018, and received a favorable report. The House bill passed Third Reader (135-0). The House bill is now on First Reader with the Senate Committee on Education, Health and Environmental Affairs. The Senate bill is assigned to the Senate Education, Health and Environmental Affairs Committee, where it was heard on March 1, 2018. The Senate bill passed Third Reader (38-7) and is on First Reader in the House Ways and Means Committee. This bill has a strong likelihood of passage as it is supported by the Maryland Municipal League. 34. HB 1361 – Transportation – Motor Fuel Tax and Highway User Revenue – Increased Local Share – This bill alters certain motor fuel tax revenue to a certain account that is shared with local governments. The bill will be heard by the House Environment & Transportation Committee on today, March 9, 2018. The bill is supported with amendment by the Maryland Municipal League. Bill received an unfavorable report. 35. HB 1405 (SB 605) – Transportation – Highway User Revenues – Phased Restoration of County Share – This bill increases the portion of highway user revenues that is distributed to county governments and repeals other obsolete language. The House bill will be heard on today, March 9, 2018, by the Environment & Transportation Committee. The House bill received an unfavorable report. The Senate bill was heard on February 27, 2018, by the Budget & Taxation Committee. The bill is supported with amendment by the Maryland Municipal League. 36. HB 1406 (SB 872) – Vehicle Laws – Special Event Zones – This emergency bill authorizes the State Highway Administration (SHA), on its own initiative or at the request of a local authority, to designate an area on a State highway as a “special event zone.” Likewise, a local authority may designate an area on a highway under its jurisdiction as a “special event zone.” In either case, SHA or the local authority may reduce speed limits in the affected location after a determination that the change is necessary for public safety. The bill establishes a new prohibition on speeding within such zones and specifies that several existing violations are subject to higher penalties in those locations while pedestrians are present. The lower speed limit for a special event zone takes effect when posted. The House bill was heard by the Environment 8 040 & Transportation Committee on March 2, 2018. The Senate bill was heard by the Judicial Proceedings Committee on February 27, 2018. The Senate bill received a favorable with amendments report. This legislation has a strong likelihood of passage as it is supported by the Maryland Municipal League. 37. HB 1420 – Environment – Stormwater Management - Nontidal Floodwater - This bill authorizes a county or municipality to use money in its local watershed protection and restoration fund for projects to manage extreme volumes of nontidal floodwater in areas where historical nontidal flooding problems exist. The bill takes effect June 1, 2018. The bill was heard by the House Environment & Transportation Committee on February 28, 2018. The bill has received a favorable with amendments report. This legislation has a strong likelihood of passage as it is supported by the Maryland Municipal League. 38. HB 1540 – Health Care Facilities – Closing or Partial Closing – Public Notice - This bill expands specified notice requirements related to the closing or partial closing of a health care facility. All costs incurred by the Maryland Health Care Commission (MHCC) in providing notice of the proposed closing or partial closing must be paid by the person proposing to close or partially close a health care facility. MHCC is authorized to require the person proposing the closure or partial closure of a health care facility to publish and send the required notices. The bill was heard by the House Health & Government Operations Committee on March 2, 2018. This legislation has a strong likelihood of passage as it is supported by the Maryland Municipal League. 39. HB 1604 (SB 1081) – Business Regulation – Limited Residential Lodging – This bill alters certain definitions to ensure that an innkeeper of certain limited residential lodging has the same rights and responsibilities as that of an innkeeper of a lodging establishment. The House bill is being heard on today, March 9, 2018, by the Economic Matters Committee. The Senate bill is being heard on March 20, 2018, by the Finance Committee. This legislation has a strong likelihood of passage as it is supported by the Maryland Municipal League. 40. HB 1742 – Railroad Companies – MAGLEV Projects – County Approval – This bill prohibits a railroad company from constructing, building, or locating any railroad facility for a railroad powered by a magnetic levitation propulsion system in any county without the consent of the county governing body. The legislation is supported with amendment by the Maryland Municipal League. The bill was heard by the House Environment and Transportation Committee on March 15, 2018. 41. HB 1767 (SB 1188) – Wireless Facilities – Permitting and Sitting – This bill concerns telecommunication preemption and specifies requirements for local governments as it relates to the permitting and sitting of wireless facilities and associated poles. The House bill is currently in the House Rules and Executive Nominations Committee. The Senate bill has been referred to the Senate Finance Committee. The Senate bill will be heard on March 20, 2018. 9 041 42. SB 154 – Transportation – Highway User Revenues – Phased Restoration – This bill is designed to increase the portion of highway user revenues that is distributed to local governments and otherwise alters the allocation of the local share of highway user revenues amount Baltimore City, counties and municipalities. The bill was heard by the Senate Budget & Taxation Committee on January 31, 2018. The Maryland Municipal League has offered support but with amendments. This bill’s lead sponsor is Senator Roger Manno (D). 43. SB 177 – Electric Vehicle Recharging Equipment Rebate Program and Electric Vehicle Excise Tax Credit – Fiscal Year 2017 Applicants – This bill establishes a qualified plug-in electric vehicle excise tax credit and Electric Vehicle Recharging Equipment Rebate Program for a person who qualified for the programs during fiscal year 2017 but did not receive an incentive due to the limitation on the total amount of incentives that could be awarded in the fiscal year. A person must meet applicable fiscal year 2017 eligibility requirements and the incentives are equal to the amounts that were in effect during that fiscal year. The bill takes effect July 1, 2018 and terminates June 30, 2019. The bill was heard by the Senate Budget and Taxation Committee on January 30, 2018. The bill is unlikely to pass. 44. SB 179 – Property Tax Credits – Real Property Used for Robotics Programs – This bill allows a municipality to grant, by law, a property tax credit against the municipal corporation property tax imposed on real property that is exclusively used for public school robotics programs or nonprofit robotics programs. The bill was heard by the Senate Committee on Budget and Taxation on January 30, 2018, where it received a favorable with amendments report and passed Third Reader (46-0). The bill is now in the House Ways and Means Committee on First Reader, where it is scheduled to be heard on March 20, 2018. 45. HB 221 – Local Government – School Construction – Permits – Bill requires each county or municipality to expedite the process for the application and issuance of a permit related to or required for the construction of a public or private school facility. The bill takes effect July 1, 2018. The bill was heard by the House Appropriations Committee on February 6, 2018 and passed Third Reader (134-0). The bill is on First Reader with the Senate Budget and Taxation Committee, where it is scheduled to be heard on March 20, 2018. 46. SB 223 – Transportation – Highway User Revenues – Allocation - This bill is designed to increase the portion of highway user revenues that is distributed to local governments and otherwise alters the allocation of the local share of highway user revenues amount Baltimore City, counties and municipalities. The bill was heard by the Senate Budget & Taxation Committee on January 31, 2018. The Maryland Municipal League has offered support but with amendments. This bill’s lead sponsor is Senator Steve Waugh (R). 47. SB 228 – Cybersecurity Investment Incentive Tax Credit – Eligibility, Appropriation, and Sunset Extension - This bill extends through fiscal year 2023 the termination date of the 10 042 cybersecurity investment incentive tax credit. The bill also (1) requires the Governor to appropriate at least $5 million to the program in each fiscal year; (2) alters the program by specifying that the investor who makes the qualifying investment in a Maryland cybersecurity company claims the tax credit instead of the cybersecurity company; and (3) establishes that a cybersecurity company includes an entity that becomes duly organized and existing under the laws of any jurisdiction for the purpose of conducting business for profit within four months of receiving a qualified investment and provides for recapture of the credit if the entity does not satisfy this requirement. The bill takes effect June 1, 2018 and applies to tax credit certificates issued after June 30, 2018. The bill was heard by the Senate Budget and Taxation Committee on January 31, 2018. The bill received a favorable with amendments report. 48. SB 305 (HB 363) – More Jobs for Marylanders Act 2.0 – This Administration bill is an extension of what was one of Governor Hogan’s top legislative priorities of 2017, the More Jobs for Marylanders Act 2017, which was designed to incentivize and encourage manufacturers to create jobs in areas of Maryland that need jobs the most. This bill is designed to spur further job creation by expanding its reach to other business sectors. The Senate bill was heard by the Senate Budget and Taxation Committee on February 21, 2018. The House bill was heard by the House Committee on Ways and Means on February 28, 2018. 49. SB 310 (HB 364) - CyberMaryland Act of 2018 – This Administration bill is designed encourage Maryland small businesses to improve their cybersecurity by providing for a tax credit of up to $50,000 for the cost of cybersecurity technology purchased from Maryland cybersecurity firms. The Senate bill was heard by the Senate Committee on Budget and Taxation on February 21, 2018. The House bill was heard by the House Committee on Ways and Means on February 21, 2018. 50. SB 966 – RISE Zones – Expansion and Income Tax Credit – The RISE Zone program was passed into law in 2014 by the state legislature to attract and retain businesses in certain areas of growth by giving state tax credits to boost economic development. This bill repeals the limitation on the number of RISE Zones that may be approved in a county or municipal corporation and specifies that all applications that qualify for a tax credit certificate will be approved by the Secretary of Commerce and the Maryland Technology Development Corporation on a first-come, first-served basis. Additionally, the bill clarifies that a tax credit certificate cannot exceed 50% of the increase in the business entity’s gross revenue over the preceding taxable year and cannot be issued for more than $100,000. The bill was heard by the Senate Budget and Taxation Committee on March 14, 2018. The bill received a favorable with amendments report. The amendments are as follows: - Limits yearly cap to $3m (from $10m) - Limits per company credit to $50k (from $100k) - Includes the TIF amendment - Allows up to 6 RISE zones per jurisdiction, not unlimited 11 043 51. PG 501-18 – Prince George’s County – Elementary School – Limit on Class Size – This local bill would require the Prince George’s County Board of Education to limit the number of students assigned to a classroom teacher of students in Grade Kindergarten through Grade 3 in the county public schools. The bill passed favorable out the Education Subcommittee with an amendment to provide that the Board of Education will establish this policy on or before the 2020-2021 school year. The House Delegation also voted the bill out favorable as amended. F:\Clients\C\City of College Park\Weekly Report #9_2018.doc 12 044 5 Future Agendas 045 TO: Mayor, City Council, City Manager and Department Directors FROM: Janeen S. Miller, City Clerk DATE: March 14, 2018 RE: Future Agendas The following items are tentatively placed on future agendas. This list has been prepared by the City Manager and me, and represents the current schedule for items that will appear on future agendas. TUESDAY, MARCH 27, 2018 REGULAR MEETING Proclamation for Women’s History Month Metropolitan Washington Council of Governments Presentation, Chuck Bean, Executive Director Annual presentation from Aaron Marcavitch, Executive Director of Maryland Milestones/ATHA Public Hearing and possible Council action on petition request for traffic calming on Albion Road between US 1 and Rhode Island Avenue – Steve Halpern, City Engineer Proposed Consent: Approval of an amendment to the contract with Hitachi Vantara Corporation to provide necessary modifications to the City’s Wireless Security Camera System in Old Town, subject to review by the City Attorney – Bob Ryan, Director of Public Services Proposed Consent: CPV-2017-12, 4714 Howard Lane Proposed Consent: CPV-2018-01, 9036 48th Place Review and approval of contracts for insured employee benefits for FY ’19 (15) – Jill Clements, Director of Human Resources 01-10-18: Contract approval of CRM and land management software – Bill Gardiner, Assistant City Manager TUESDAY, APRIL 3, 2018 WORKSESSION 08-01-17: Discussion of bulk trash pick-ups – Brenda Alexander and Robert Marsili, Assistant Directors of Public Works (30) 046 3/16/2018 S:\CityClerk\2018\2018 FUTURE AGENDAS\031418FA.doc 09-11-17: Establishment of a Good Neighbor Award – request of Councilmember Brennan – Bill Gardiner, Assistant City Manager (20) Discussion of Charter Amendments (60) Placeholder: Review of state/county legislation (Possible Special Session to act on time-sensitive legislation) TUESDAY, APRIL 10, 2018 REGULAR MEETING Award of contract for construction of Hollywood Gateway Park – Terry Schum, Director of Planning 01-31-18: Auditor selection for FY ‘19 – FY ’21 - Gary Fields, Director of Finance TUESDAY, APRIL 17, 2018 WORKSESSION Public Safety Study next steps – Scott Somers, City Manager TUESDAY, APRIL 24, 2018 REGULAR MEETING Lakeland STARS Presentation Introduction of FY ‘19 Budget Ordinance TUESDAY, MAY 1, 2018 WORKSESSION 02-20-17: Follow-up discussion of a Vegetation Control Ordinance - Bob Ryan and Brenda Alexander TUESDAY, MAY 8, 2018 REGULAR MEETING Proclamation for Kids To Parks Day TUESDAY, MAY 15, 2018 WORKSESSION TUESDAY, MAY 22, 2018 REGULAR MEETING ANNUAL ITEMS 07-05-16: Annual presentation from SHA on projects in the City (schedule in fall prior to CTP discussion) 09-06-16: Discussion of Homestead Tax Credit Rate (schedule early January – must certify by March 25 to change rate) Proclamation for Indigenous Peoples’ Day (first regular meeting every October) 047 3/16/2018 S:\CityClerk\2018\2018 FUTURE AGENDAS\031418FA.doc Comments on the M-NCPPC budget (schedule every September) Proclamation for Small Business Saturday (first regular meeting every November) MASTER LIST 03-08-12: Trolley Trail negotiations – Suellen Ferguson, City Attorney 01-07-14: Model Public Participation Ordinance and community engagement – Mayor Wojahn 04-25-16: Business and development incentives for North College Park – request of Councilmember Kabir 06-07-16: Report from staff about how we are addressing issues of language barriers with our residents – request of Councilmember Kabir 10-18-16: Discussion of restricted parking for snow removal and street sweeping Review and clarification of the City’s guidelines for procurement of goods and services (Chapter 69) – Scott Somers, City Manager 03-21-17: Discussion of a surveillance camera grant program for cameras on private residential property – request of Councilmember Kabir 04-25-17: Discussion of yard sale signs -request of Councilmember Kabir Introduction of Ordinance 17-O-02 regulating the installation and deployment of communications infrastructure in City rights-of-way - Suellen Ferguson, City Attorney 05-16-17: General Discussion of City Grants, including reports from grantees COMBINED WITH: 11-01-16: Review of Community Services Grant program – Gary Fields, Director of Finance 05-16-17: Discussion of CPCUP – Councilmember Kujawa 05-16-17: Business Recognition Program – request of Councilmember Kabir 05-09-17: Discussion of support for County Small Donor Funded Election bill - Council Member Lehman (15) 09-12-17: Support for legislation regarding the Deferred Action for Childhood Arrivals (DACA) program – Mayor Wojahn 09-19-17: Report on usage-based trash pricing – CBE Workgroup (30) 09-19-17: Guidelines, criteria and framework for referrals to Nuisance Abatement Board – request of Councilmember Kabir 01-26-18: Discussion of a City position on the proposed Baltimore-Washington MAGLEV project (scheduled after draft EIS is released) – Mayor Wojahn 048 3/16/2018 S:\CityClerk\2018\2018 FUTURE AGENDAS\031418FA.doc 12-05-17: Drainage in College Park Discussion of a Sidewalk Plan (during budget Worksession) 12-22-17: Discussion of an ordinance and fines to address illegal dumping – Scott Somers, City Manager 12-06-17: Discussion of an ordinance to prohibit people from sleeping overnight in vehicles on City streets – request of Councilmember Day 01-02-18: Discussion of how to help renters deal with problems with their landlords – request of Councilmember Rigg 01-16-18: Review and discussion of Park reservation policy – Scott Somers, City Manager 06-07-17: Discussion of City-wide Parking Study – Bob Ryan, Director of Public Services (30) 02-06-18: Follow-up discussion on issues raised at the 2017 Election Debrief 02-06-18: Award of contract for a consultant to prepare a conceptual plan for Duvall Field – Terry Schum, Director of Planning and Brenda Alexander, Assistant Public Works Director 02-06-18: Discussion of an ordinance regulating small cell infrastructure and an agreement in the form of either a license agreement or a franchise fee – Suellen Ferguson, City Attorney 02-14-18: Amendment to the agreement with LIDL regarding the plaza (15) - Terry Schum, Director of Planning 12-19-17: Business Recycling (from FY ’17 budget W/S AND CBE email to M&C dated 12-18-17) 02-20-18: Review of Parliamentary Procedure – request of Councilmember Rigg Approval of a License Agreement with WMATA for a Community Garden in Calvert Hills subject to the approval of the City Attorney – Suellen Ferguson, City Attorney 03-13-18: Asking developers to hire locally – Scott Somers, City Manager Follow-up discussion of City fees (30) - Gary Fields, Director of Finance FY 2019 Budget Dates: 1. FY 19 Budget Worksessions: Saturday, April 14 and Saturday, April 21, 8:00 a.m. 2. FY 19 Budget Public Hearing (and Constant Yield, if needed) on Tuesday, May 8 3. FY 19 Budget Adoption on Tuesday, May 22 049 3/16/2018 S:\CityClerk\2018\2018 FUTURE AGENDAS\031418FA.doc

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