Mayor & City Council

MINUTES Regular Meeting of the College Park City Council Tuesday, April 24, 2018 Council Chambers 7:30 p.m. – 9:26 p.m. PRESENT: Mayor Wojahn; Councilmembers Kabir, Kennedy, Dennis, Day, Rigg, Kujawa and Mitchell. ABSENT: Councilmember Brennan ALSO PRESENT: Scott Somers, City Manager; Bill Gardiner, Assistant City Manager; Yvette Allen, Assistant City Clerk; Suellen Ferguson, City Attorney; Bob Ryan, Director of Public Services; Gary Fields, Director of Finance; Peggy Higgins, Director of Youth, Family and Senior Services; Chris Keosian, Student Liaison; Julianne Heberlein, Deputy Student Liaison. Mayor Wojahn opened the Regular Meeting at 7:30 p.m. ANNOUNCEMENTS: Councilmember Dennis announced the Coffee Club. Councilmember Mitchell announced that on this date in 1800, the Library of Commerce opened with a start-up fund of $5,000. CITY MANAGER’S REPORT: Mr. Somers reported that Arbor Day will be celebrated on Wednesday, April 25 at Paint Branch Elementary School at 1:00 p.m. Bike To Work Day will be held on Friday, May 19 from 6:30 a.m. to 9:30 a.m. City Hall is designated a pitstop. PROCLAMATIONS: Mayor Wojahn read the Proclamation in recognition of Arbor Day and Children’s Mental Health Matters. AMENDMENTS TO AND APPROVAL OF THE AGENDA: A motion was made by Councilmember Mitchell and seconded by Councilmember Day to approve the agenda. The motion carried 7-0-0 and the agenda was adopted without amendment. PUBLIC COMMENT ON CONSENT AND NON-AGENDA ITEMS: Cynthia Martinez, University of Maryland: Maryland Day will be held on Saturday, April 28, 2018 from 10:00 a.m. to 4:00 p.m. Everyone is invited to the free campus-wide open house. For additional information, visit www.MarylandDay.umd.edu. John Krouse, College Park Resident: acknowledge and thank Council for discussion on community center in North College Park during the recent Budget Worksession. David Gray, College Park Resident: Questioned how the parking garage debt is being handled in the FY2019 Budget. In previous years, the budget stated that revenue received from the parking garage would be used to pay the parking garage debt. The proposed budget reads that the City residents are paying the full debt and the revenue received from the parking garage is going into a secondary account. Would like to have further discussion as to what is happening with the monies. PRESENTATIONS: Lakeland STARS: Mayor Wojahn, Caleb Finesurrey, Sidney Leno, Alyssa Marshak, Jenna Hong, Raiha Singh, and Isaak Lindenbaum presented certificates to the Lakeland STARS. College Park City Council Meeting Minutes April 24, 2018 Page 2 PUBLIC HEARINGS: 18-CR-02, 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 Section 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 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 Ms. Ferguson stated this is the second public hearing on this Charter Resolution. This Charter Resolution clarifies matters in respect to voting by the Mayor and Council. Mayor Wojahn invited public comment: Suchitra Balachandran, College Park resident: Vote should not be taken tonight, but postponed; be open and honest about why you are changing the charter. John Krouse, College Park resident and President North College Park Community Association: The association moved and approved a resolution that the city charter should be reviewed by a small group of College Park voters before any changes are made. Suggests that it would be prudent for City Council to wait until Open Meetings Commission complaint has been resolved before voting about this amendment. Support the charter except for the part where only 4 members are needed to pass. Mary Cook, College Park resident: City claimed lawyer/client privilege in refusing to release the October 23, 2017 memo and Councilmember Kabir’s letter. City charter issue is on legislation, not litigation. Outside information should have been shared with the public. City attorney’s advice to Mayor and Council should also have been shared in public. City can’t claim lawyer/client privilege in this regard. Therefore, a complaint was made with the Maryland Open Meetings Compliance Board. Would like the vote to be postponed until the Open Meetings Compliance Board complaint is resolved. Rafael DeGenndro, College Park resident: Would like to keep unity in the City. Urged Mayor and Council to postpone the vote on this amendment until there is more discussion on this and other issues. Lourene Miovski, College Park resident: Stated that the charter amendment fact sheet is contradictory to what the Charter Resolution states. Wants to know if the charter amendment gives the Mayor more power or not. Ms. Miovski read parts of the October 23, 2017 City attorney/client privileged letter in to the record that was anonymously left on her fence. Feels that charter seems to authorize the Mayor to vote on everything brought before the council. Suggested that we ask the outside attorney if the charter amendment allows the Mayor to vote on all proposed legislation prior to adopting this amendment. Oscar Gregory, College Park resident: Recommended that the City Council not pass 18-CR-02, in the immediate and suggested that Councilmembers Day’s proposal of a “Citizens Charter Review Committee” be enacted. He also requested that the amendment be tabled until responses are received from the Attorney General’s office and the Open Meetings Act Compliance Board. College Park City Council Meeting Minutes April 24, 2018 Page 3 Jordan Schanker, College Park resident: The Charter does not state that the Mayor is a member of the Council. Majority vote of Council is required per the Charter. Mayor is limited to voting only when there is a tie vote of the Council. Carol Macknis, College Park resident: Mayor only able to vote to break a tie with respect to resolutions. Abstaining vote cannot be counted in majority voting. Referred to Bower opinion for City of Havre de Grace. Robert O’Brien, College Park resident: the Court stated that the Mayor is not a member of the legislative body nor a member of Council. Maria Mackie, College Park resident: Encourage to postpone vote since it is causing a lot of division and stress in the City. Form a committee of citizens to work with the Council on changing the charter. Mary King, College Park resident: Hopes that this Charter change keeps the city where it was with the voting powers of the Mayor and Council. Hopes that the way legislative body is defined in the charter is not allowing to give the Mayor additional voting powers. The charter has some good provisions to encourage Council to work together for the good of the City. David Gray, College Park resident: the charter amendment should not pass without a majority of the Council. The language is sloppily written and would like to see consistency in the verbiage and clear wording. Barry Waser, resident of Potomac, Maryland. The charter states that the Mayor presides over council, not a voting member except in a tie. Municipalities are not free to make their own rules. There being no further public comment, Mayor Wojahn closed the Public Hearing at 8:41 p.m. CONSENT AGENDA: A motion was made by Councilmember Kabir and seconded by Councilmember Dennis to adopt the Consent Agenda, which consisted of the following: 18-G-66 Approval of Minutes of the April 3, 2018 Special Session and the April 3, 2018 Worksession. The motion carried 7-0-0. ACTION ITEMS: 18-CR-02 Adoption of Charter Amendment 18-CR-02, 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 Section 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 Clarify That The Mayor And Council Are The Legislative Body Of The College Park City Council Meeting Minutes April 24, 2018 Page 4 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 Rigg and seconded by Councilmember Dennis to adopt Charter Resolution 18-CR-02. Councilmember Rigg stated that this Charter Resolution amendment has been discussed at several Worksessions and Closed Sessions which were consistent with State Law. These changes conform our Charter to our current and long held practices of allowing the Mayor to vote to break a tie. This charter amendment is a technical and conforming amendment. Councilmember Kennedy stated that she has taken this Charter Resolution very seriously and has spent much time speaking with the City Manager and the City Attorney to get clarity on this amendment. She has also spent many hours discussing this issue with her constituents and done her due diligence. This amendment does not give the Mayor additional powers. She will be supporting this amendment. Councilmember Kabir stated that this Charter amendment is adding the term “legislative body.” The debate is whether the Mayor should be part of the legislative body or not. Councilmember Kabir is frustrated that the public is not allowed to see the attorney/client memo and we are doing a disservice to the community. Will vote against the Charter Amendment. Councilmember Mitchell is troubled by moving forward with voting on this Charter amendment. There is no need to rush this amendment through and the residents should have a right to vote on this amendment. Will not vote in favor of this Charter Amendment. Roll call vote: Councilmember Mitchell: No Councilmember Kujawa: Yes Councilmember Rigg: Yes Councilmember Day: Yes Councilmember Dennis: Yes Councilmember Kennedy: Yes Councilmember Kabir: No The motion carried 5-2-0. 18-G-61 Approval of the PY ‘43 Community Development Block Grant (CDBG) Agreement for Old Town Sidewalks City Manager Somers explained that in October 2016, the City applied to the Prince George’s Department of Housing and Community Development for CDBG funding for new sidewalk construction in Old Town College Park to fill a missing link in the neighborhood sidewalk network. The request was for 405 feet of sidewalk along the south side of Knox Road between Rhode Island Avenue and Dartmouth Avenue and 140 feet of sidewalk along the west side of Dartmouth Avenue between Calvert Road and Knox Road including the area around the Old Parish House. Prince George’s County approved the grant application and has provided the CDBG Agreement for the Mayor’s signature. The effective dates of the agreement are July 1, 2017 – December 31, 2018. After College Park City Council Meeting Minutes April 24, 2018 Page 5 meeting with the Old Town Civic Association and exploring options to have the sidewalk and crosswalk material compatible with the historic location, The Civic Association voted unanimously to support the CDBG Agreement. A motion was made by Councilmember Rigg and seconded by Councilmember Day to approve the Mayor to sign the PY ‘43 Community Development Block Grant (CDBG) Agreement for Old Town Sidewalks and to have staff to continue to work with the residents to implement the project. Steve Beavers, Planning Department, stated that City staff is working with the community to make this a successful project in order to solve the pedestrian gap in the sidewalk network. This project should be completed by the end of the calendar year. No comments from audience. The motion carried 7-0-0. 18-O-03 Introduction of FY ’19 Budget Ordinance, An Ordinance of the Mayor and Council of the City of College Park, Maryland to Adopt the Fiscal Year 2019 General Fund, Capital Projects Fund And Debt Service Fund Budgets of the City of College Park, Maryland. Gary Fields, Finance Director, Mr. Fields stated that there are a few authorized additions from the proposed budget: the net effect increases of less than ¼ of 1% to general fund budget. The increase relates to the City University Partnership grant, increase funding for Meals on Wheels, and an increase in funding for first responders fire department equipment grant. Other significant additions include an increase of $45,000 for three bus shelters which was offset by a small reduction in pavement management plan. There is a net increase of $54,672 in budget brining the ordinance for general fund to $20.632 million. No change to debt service fund budget. Budget ordinance available on-line tomorrow at City Hall. A motion was made by Councilmember Dennis and seconded by Councilmember Kennedy to introduce 18-O-03, An Ordinance of the Mayor and Council of the City of College Park, Maryland to Adopt the Fiscal Year 2019 General Fund, Capital Projects Fund And Debt Service Fund Budgets of the City of College Park, Maryland. Mayor Wojahn stated the Public Hearing will be held on 7:30 p.m. on Tuesday, May 8, 2018. 18-G-67 Appointments to Boards and Committees A motion was made by Councilmember Rigg and seconded by Councilmember Kujawa to appoint Rachel Gregory to the Ethics Commission, reappoint Gail Kushner, Robert Thurston and Frank Rose to the Ethics Commission and recommend the reappointment of Maxine Gross to the College Park City-University Partnership. The motion passed 7-0-0. MAYOR AND COUNCIL REPORTS AND COMMENTS: Councilmember Mitchell encouraged all residents who received the regional travel survey to please complete it. Asked for clarification that the City is still Green Team Certified. College Park City Council Meeting Minutes April 24, 2018 Page 6 Councilmember Rigg stated that he is pleased we adopted the charter amendment this evening. However, the charter amendment doesn’t take care of the flaw which still exist. A slight modification to the charter would make our governance much more functional in the future and will create an opportunity for a majority vote on a closely held charter to be adopted. Councilmember Kennedy stated that the College Park 5K will be held on Saturday, May 5. Register online at College Park Community Foundation. Councilmember Kabir stated its has been our tradition to send a letter to the Park and Planning Commission during the budget season requesting projects. Thanked the residents and Councilmember Lehman who are at testifying on behalf of the City requesting funding for the North College Park Community Center to be placed in the Park and Planning Budget. Chris Keosian, Student Liaison stated that the Student Liaison Committee recommended Alex Tobin to the SGA. The SGA will vote on the recommendation tomorrow. The SGA and City soccer game will be played at Duvall Field this Sunday at 3:00 p.m. Jonathan Allen was elected the next SGA president. Chis will invite Jonathan to the next Council meeting. CITY MANAGER’S COMMENTS: None GENERAL COMMENTS FROM THE AUDIENCE: Nelson Lee, UMD Student: Here tonight to view the meeting and found the meeting interesting. ADJOURN: A motion was made by Councilmember Rigg and seconded by Councilmember Day to adjourn the meeting at 9:26 p.m. Motion passed 7-0-0. ____________________________________________ Yvette Allen Date Assistant City Clerk Approved Pursuant to §C6-3 of the College Park City Charter, at 9:32 p.m. on Tuesday, April 17, 2018, a motion was made by Councilmember Kennedy and seconded by Councilmember Brennan to enter into a Closed Session to consult with Counsel on a legal matter. The motion passed 6 – 2 – 0 (Councilmembers Kabir and Mitchell opposed) and Council entered into the Closed Session at 9:38 p.m. Present: Mayor Wojahn (Open Meetings Trainee); Councilmembers Kabir, Kennedy, Brennan, Dennis, Day, Rigg, Kujawa and Mitchell. Absent: None. Also Present: Scott Somers, City Manager; Bill Gardiner, Assistant City Manager; Suellen Ferguson, City Attorney; Janeen Miller, City Clerk. College Park City Council Meeting Minutes April 24, 2018 Page 7 Topic Discussed: The City Council received legal advice on whether to waive attorney-client privilege on a certain document; and received advice from the City attorney on the legal requirements for a response to a complaint. Action Taken: None. Adjourn: A motion was made by Councilmember Kabir and seconded by Councilmember Dennis to adjourn the closed session, and with a vote of 8 – 0 – 0, Mayor Wojahn adjourned the closed session at 10:10 p.m.