Mayor & City Council

MINUTES Regular Meeting of the College Park City Council Tuesday, September 11, 2018 Council Chambers 7:30 p.m. – 8:37 p.m. PRESENT: Mayor Wojahn; Councilmembers Kabir, Kennedy, Dennis, Day, Rigg, Kujawa and Mitchell. ABSENT: Councilmember Brennan. ALSO PRESENT: Scott Somers, City Manager; Janeen Miller, City Clerk; Suellen Ferguson, City Attorney; Bob Ryan, Director of Public Services; Robert Marsili, Director of Public Works; Alex Tobin, Student Liaison. Mayor Wojahn opened the Regular Meeting at 7:30 p.m. ANNOUNCEMENTS: Councilmember Dennis announced tomorrow’s Coffee Club at Jason’s Deli; reviewed the weather-impacted schedule of the Lakeland Community Heritage Project weekend events; said the Lakeland Civic Association meets next month; and the Berwyn District Civic Association meets on Thursday, September 20. Councilmember Kabir announced the North College Park Community Association meeting on Thursday. Councilmember Rigg said there is a community meeting on September 26 from 7-9 p.m. in the Council Chambers for a presentation on the Calvert Road Child Care Proposal, sponsored by the Calvert Hills and Old Town Civic Associations. All are welcome. CITY MANAGER’S REPORT: Mr. Somers gave an update on the steps the City is taking to prepare for Hurricane Florence, which should be mostly a rain event. College Park Day is Saturday, October 6. PROCLAMATION: Mayor Wojahn read the proclamation for “Car Free Days.” AMENDMENTS TO AND APPROVAL OF THE AGENDA: 1. Move 18-G-117 to Consent (Day/Rigg 7-0) 2. Add an agenda item: 18-G-121 - Interim appointment of Deputy Student Liaison (Day/Rigg 7-0) 3. Add an agenda item: 18-G-120 – Letter to FCC about small cell infrastructure, and place it on Consent (Mitchell/Kennedy 7-0) 4. Adopt the agenda as amended (Day/Dennis 7-0) COMMENTS FROM THE AUDIENCE: Dave Dorsch, resident: Extend the railing on US 1 all the way up the block as police have requested. Open Rhode Island Avenue to Campus Drive. The Bozzuto project is all about profit; if they can’t build a profitable development without the City’s tax credit maybe they aren’t the right developer. College Park City Council Meeting Minutes September 11, 2018 Page 2 David Gray, resident: He thinks extending Council terms to four years is a terrible idea. Mary King, resident: The way the two ordinances were presented – with deleted language crossed out and new language written in – is confusing. A fair summary should be provided. PUBLIC HEARING: A. 18-O-08: An Ordinance Of The Mayor And Council Of The City Of College Park Amending Chapter 38, “Code Of Ethics”, By Repealing And Reenacting Article I, “General Provisions”, § 38-4, “Definitions”; Article III, “Prohibited Acts”, §38-11, “Conflicts Of Interest”; And Article IV, “Required Disclosures”, § 38-15 “Required Disclosure By City Elected Officials And Candidates To Be City Elected Officials” And § 38-19 “Authority Of The City Clerk To Receive Documents”; To Exempt Exchange- Traded Funds From The Definition Of Interest, Enact Additional Restrictions On Lobbyist Activity, Prevent Former Elected Officials From Representing Or Assisting A Third Party For Compensation In A Legislative Action Matter For One Calendar Year After Leaving Office, Better Define What Constitutes Use Of Prestige Of Office, Require An Individual Whose Spouse Is A Lobbyist Regulated By The City To Disclose The Entity That Has Engaged The Spouse For Lobbying Purposes And Prohibit Public Access To Home Addresses For Officials And Employees. David Gray, resident: He referred to his written comments. Which state law presides? The language in 38-11 C(5) is complicated and it should be clear enough for people to understand. Regarding the lobbying - can we be better/harsher than the state law? Mary King, resident: This ordinance is hard to read. Regarding the lobbying: Two years is more appropriate than one year. Ms. Ferguson said that municipal ethics ordinances must be substantially the same as the state’s, so we hew closely to the state’s wording. A minimum requirement such as one year is just a minimum, and the City Council could adopt something stricter. This version has been pre- approved by the state ethics commission. There being no further public comment, Mayor Wojahn declared the public hearings as having been held. B. 18-O-09: An Ordinance Of The Mayor And Council Of The City Of College Park, Amending Chapter 34, “Elections”, Article I, “General Provisions” §34-3, “Definitions”, Article II, “Conduct Of Elections”, §34-5, “Polling Places; Hours Of Voting”, §34-6, “Absentee Balloting”, And §34-9, “Electioneering; Prohibited Practices”, Article III “Fair Election Practices”, §34-15, “Campaign Finance Reports”, And Article IV, “Violations And Penalties; Public Records; Severability”, §34-18, “Violations And Penalties” And Chapter 110 “Fees And Penalties”, §110-2, “Penalties” To Provide For Early Voting, Require That Individuals Independently Making Expenditures Register And File A Report After Spending $100 Or More In An Election Cycle For Campaign Material That Is A Public Communication, Prohibit The City From Requiring An Individual To Provide A Reason That The Individual Will Be Unable To Vote In Person On Election College Park City Council Meeting Minutes September 11, 2018 Page 3 Day In Order To Vote By Absentee Ballot And Require Additional Information In The Absentee Ballot Application, Clarify The No Electioneering Area As Encompassing The Adjacent Parking Lots And 100 Feet From The Entrance To The Polling Place, And Require An Electioneering Area To Be Established Within The 100 Feet, Add Several Sections To §34-9, “Electioneering; Prohibited Practices”, Including By Reference §§16- 203, 16-205 And 16-804 Of The State Election Article To Prohibit Disobeying The Lawful Command Of An Election Official, Interfering With Election Officials And Tampering With Electronic Voting System. Ms. Ferguson said this ordinance includes various issues that came up during the last election, raised by the Supervisors of Elections, and Council concerns. The state election law allows municipalities a lot of leeway in how municipal elections are run, so very few state election provisions automatically apply, except for some, like absentee voting. David Gray, resident: He referred to his written comments. He is concerned about individual free speech without undue regulatory burden. It should be written for a normal person to understand. There is a lack of definition of key terms, like public communication and election cycle. A $100 limit is insane and infringes on constitutionally protected free speech. Mary King, resident: She is opposed to the individual reporting requirement. It is a violation of our constitutional rights of freedom of speech. There being no further public comment, Mayor Wojahn declared the public hearing as having been held. CONSENT AGENDA: A motion was made by Councilmember Rigg and seconded by Councilmember Dennis to adopt the Consent Agenda, which consisted of: 18-G-113 Award of contracts for the purchase of one 2020 Freightliner 114 SD with McNeilus Body Model 3212 XC 32-yard Rear Loader for $267,446, and one Chevrolet Bolt EV electric vehicle sedan for $37,530, and authorize the City Manager to sign the appropriate purchase orders. The total expense of $304,976 is funded in CIP Account Number 925061 Vehicle Replacement Program 18-G-114 Approval of a letter to the Maryland Public Service Commission supporting the proposed Statewide Electric Vehicle (EV) Portfolio to incentivize EV infrastructure investment 18-G-115 Letter of support for relocation of USDA Economic Research Service-National Institute of Food and Agriculture (ERS-NIFA) to the Discovery District 18-G-116 Approval of Minutes from the August 8, 2018 Worksession and the August 14, 2018 Regular Meeting College Park City Council Meeting Minutes September 11, 2018 Page 4 18-G-117 Approval of parameters for new residential permit parking zone 6A for Howard Lane 18-G-120 Approval of a letter to FCC about small cell infrastructure The motion passed 7-0-0. ACTION ITEMS: 18-O-08 Adoption Of Ordinance 18-O-08, Ordinance Of The Mayor And Council Of The City Of College Park Amending Chapter 38, “Code Of Ethics”, By Repealing And Reenacting Article I, “General Provisions”, § 38-4, “Definitions”; Article III, “Prohibited Acts”, §38-11, “Conflicts Of Interest”; And Article IV, “Required Disclosures”, § 38-15 “Required Disclosure By City Elected Officials And Candidates To Be City Elected Officials” And § 38-19 “Authority Of The City Clerk To Receive Documents”; To Exempt Exchange- Traded Funds From The Definition Of Interest, Enact Additional Restrictions On Lobbyist Activity, Prevent Former Elected Officials From Representing Or Assisting A Third Party For Compensation In A Legislative Action Matter For One Calendar Year After Leaving Office, Better Define What Constitutes Use Of Prestige Of Office, Require An Individual Whose Spouse Is A Lobbyist Regulated By The City To Disclose The Entity That Has Engaged The Spouse For Lobbying Purposes And Prohibit Public Access To Home Addresses For Officials And Employees A motion was made by Councilmember Rigg and seconded by Councilmember Kennedy to adopt ordinance 18-O-08. Councilmember Rigg proposed an amendment to §38-11E(2) to reflect the current code language instead of the amended language. The amendment was seconded by Councilmember Mitchell. Mr. Rigg said the speakers noted that this portion of the ordinance shortens the time in which a former councilmember could not lobby the Council. Ms. Ferguson reviewed the language and said the term would generally be another two years. Mr. Rigg prefers a larger amount of time between when a Councilmember leaves and when they can lobby. Ms. Ferguson believes the state would allow a longer period of time. There were no comments from the audience. Councilmember Kennedy is in support of the amendment but suggested that referring to a specific number of years is better than using the word “term.” Ms. Ferguson noted the Ethics Commission was trying to clarify a time certain. The amendment failed 0-7. College Park City Council Meeting Minutes September 11, 2018 Page 5 An amendment to §38-11E(2) was proposed by Councilmember Rigg and seconded by Councilmember Kennedy that the language read “2 calendar years after the official leaves office.” There were no comments from the audience or the Council. This amendment passed 7-0. Councilmember Rigg noted that this specific paragraph does not include the word Mayor and asked if it should be included. Ms. Ferguson said it would be appropriate for the language to read “A former Mayor or member of the City Council.” An amendment to §38-11E(2) was proposed by Councilmember Rigg and seconded by Councilmember Kennedy that the language read “A former Mayor or member of the City Council.” There were no comments from the audience or the Council. This amendment passed 7-0. An amendment was proposed by Councilmember Kennedy and seconded by Councilmember Kujawa to allow staff to review the ordinance for the appropriate use of the word “Mayor” to indicate the Mayor is part of the legislative body. This amendment passed 7-0. The main motion, to adopt Ordinance 18-O-08, as amended, passed 7-0. 18-O-09 Adoption Of Ordinance 18-O-09, An Ordinance Of The Mayor And Council Of The City Of College Park, Amending Chapter 34, “Elections”, Article I, “General Provisions” §34-3, “Definitions”, Article II, “Conduct Of Elections”, §34-5, “Polling Places; Hours Of Voting”, §34-6, “Absentee Balloting”, And §34-9, “Electioneering; Prohibited Practices”, Article III “Fair Election Practices”, §34-15, “Campaign Finance Reports”, And Article IV, “Violations And Penalties; Public Records; Severability”, §34-18, “Violations And Penalties” And Chapter 110 “Fees And Penalties”, §110-2, “Penalties” To Provide For Early Voting, Require That Individuals Independently Making Expenditures Register And File A Report After Spending $100 Or More In An Election Cycle For Campaign Material That Is A Public Communication, Prohibit The City 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 And Require Additional Information In The Absentee Ballot Application, Clarify The No Electioneering Area As Encompassing The Adjacent Parking Lots And 100 Feet From The Entrance To The Polling Place, And Require An Electioneering Area To Be Established Within The 100 Feet, Add Several Sections To §34-9, “Electioneering; College Park City Council Meeting Minutes September 11, 2018 Page 6 Prohibited Practices”, Including By Reference §§16-203, 16-205 And 16-804 Of The State Election Article To Prohibit Disobeying The Lawful Command Of An Election Official, Interfering With Election Officials And Tampering With Electronic Voting System A motion was made by Councilmember Rigg and seconded by Councilmember Mitchell to adopt Ordinance 18-O-09, amending Chapter 34, Elections, and Chapter 110 Fees and Penalties. Councilmember Rigg acknowledged that in §34-15, the $100 threshold is low, but he doesn’t believe it is an infringement on free speech. Any administrative burden has to be balanced with transparency. He is open to discussion about whether a different amount is more appropriate. Councilmember Mitchell asked if we need to add clarifying language so a lay person can read it. Ms. Ferguson said the law does not require a treasurer or special bank account. This is aimed at providing transparency when private parties put together a ballot or other campaign material to say who to vote for, so it is clear who is contributing to the effort. The City has a smaller electorate so state law provisions of 5,000 pieces do not apply; the dollar amount was seen as a clearer threshold. Ms. Ferguson said the Supervisors of Elections would create a form for this purpose. The motion passed 7-0. 18-G-119 Approval of modifications to the 2018 Mayor and Council meeting schedule Mayor Wojahn said there have been some emails about moving next week’s Worksession from Tuesday to Monday so as not to conflict with Yom Kippur. Ms. Miller reviewed the three proposals in the staff report: 1) moving next week’s Worksession to Monday night, 2) cancelling both the meetings of November 20 and November 27, or 3) just cancelling the meeting on November 20 and having the meeting on November 27. Councilmember Mitchell asked about agenda items on next week’s Worksession. Ms. Miller reviewed the agenda. Councilmember Kennedy said she is not sure she could make the meeting next week if it was moved to Monday; she was not aware this was under consideration. Ms. Miller said we would want to have as many Councilmembers as possible for the City Hall visioning exercise next week. A motion was made by Councilmember Rigg and seconded by Councilmember Dennis to cancel both the November 20 and 27 meetings, and to move the meeting on September 18 to September 17 due to Yom Kippur. Councilmember Rigg said he would like being able to spend more time with his family during the holidays, and that we shouldn’t expect members of our extended Council to attend a meeting during the high holy days. College Park City Council Meeting Minutes September 11, 2018 Page 7 There were no comments from the audience. Mayor Wojahn said if there are some pressing issues that need to be addressed, we can reassess the need for another meeting at the end of the year. There were no comments from Council. The motion carried 6-0-1 (Mitchell abstained). 18-O-01 Introduction of Ordinance 18-O-01, an Ordinance to amend the City’s Revitalization Tax Credit program Mr. Somers provided an overview: the City currently has a Revitalization Tax Credit program in place that is a for five years, that starts at 75% and decreases 15% annually. At the Worksession on August 8, Council directed staff to prepare an ordinance that would allow the flexibility of having a different type of tax credit, up to 60%, and up to a 15-year term, for eligible projects that satisfy certain criteria. This is just an enabling ordinance. A motion was made by Councilmember Dennis and seconded by Councilmember Rigg to introduce Ordinance 18-O-01 to amend the City’s Revitalization Tax Credit Program to allow qualifying development projects to receive a tax credit of up to 60% for up to a 15- year term for projects that satisfy all existing criteria and eligibility requirements and also have a County PILOT Agreement and to schedule the Public Hearing for September 25. Mayor Wojahn said the Public Hearing will be held on September 25 at 7:30 p.m. 18-G-121 Appointment of interim Deputy Student Liaison A motion was made by Councilmember Day and seconded by Councilmember Kabir to appoint a Deputy Student Liaison on an interim basis until we are able to further define the role. The Deputy Liaison will be Serena Saunders. Councilmember Day said it is best that we have her in place and able to work with us until we further define the position. A Worksession on that topic is scheduled for September 25. Ms. Saunders introduced herself and said she is a Junior at the University of Maryland with a major in Public Policy and a minor in History. She looks forward to getting involved in local government. The motion passed 7-0. COUNCIL COMMENTS: Councilmember Kabir announced a workshop on rooftop solar at City Hall tomorrow. College Park City Council Meeting Minutes September 11, 2018 Page 8 Mr. Tobin reminded everyone that the safety walk is October 1 starting at 7:00 p.m. at the SGA office. He thanked Council for moving next week’s meeting due to Yom Kippur. He thanked Council for adopting 18-O-09 re: absentee ballots. He thanked Council for appointing Ms. Saunders as Deputy Student Liaison. ADJOURN: A motion was made by Councilmember Kujawa and seconded by Councilmember Day to adjourn the Regular Meeting and enter into a Closed Session pursuant to § 3-305 of the General Provisions Article, Annotated Code of Maryland, to discuss the appointment, employment, assignment, promotion, discipline, demotion, compensation, removal, resignation, or performance evaluation of appointees, employees, or officials over whom this public body has jurisdiction; any other personnel matter that affects one or more specific individuals. The City Council will discuss the City Manager’s Performance Evaluation. With a vote of 7-0, Mayor Wojahn adjourned the Regular Meeting at 8:37 p.m. ___________________________________________ Janeen S. Miller, CMC Date City Clerk Approved Pursuant to § 3-305 of the General Provisions Article, Annotated Code of Maryland, a motion was made by Councilmember Kujawa and seconded by Councilmember Day to enter into a Closed Session to discuss the appointment, employment, assignment, promotion, discipline, demotion, compensation, removal, resignation, or performance evaluation of appointees, employees, or officials over whom this public body has jurisdiction; any other personnel matter that affects one or more specific individuals. Specifically, the City Council will discuss the City Manager’s Performance Evaluation. The motion passed 7 – 0 – 0, and after a brief recess, the Council entered into Closed Session. Present: Mayor Wojahn (Open Meetings Trainee); Councilmembers Kabir, Kennedy, Dennis, Day, Rigg, Kujawa and Mitchell. Absent: Councilmember Brennan. Also Present: Scott Somers, City Manager. Topic Discussed: The Mayor and City Council discussed the City Manager’s Performance Evaluation. Action Taken: None. College Park City Council Meeting Minutes September 11, 2018 Page 9 Adjourn: A motion was made by Councilmember Kujawa and seconded by Councilmember Day to adjourn the closed session, and with a vote of 7 – 0 – 0, Mayor Wojahn adjourned the closed session at 9:13 p.m.