Mayor & City Council

MINUTES Regular Meeting of the College Park City Council Tuesday, April 27, 2021 7:30 p.m. – 9:18 p.m. Due to the COVID-19 Pandemic, this was a virtual meeting. PRESENT: Mayor Wojahn; Councilmembers Kabir, Kennedy, Dennis, Esters, Day (arrived at 7:40 p.m.), Rigg, Mackie and Mitchell. ABSENT: None. ALSO PRESENT: Bill Gardiner, Interim City Manager; Janeen S. Miller, City Clerk; Yvette Allen, Assistant City Clerk; Suellen Ferguson, City Attorney; Gary Fields, Director of Finance; Bob Ryan, Director of Public Services; Jim Miller, Parking Enforcement Manager; Teresa Way-Pezzuti, Director of Human Resources; Julia Nikhinson, Deputy Student Liaison. ANNOUNCEMENTS: Councilmember Kabir thanked Public Works for hosting the DPW clean-up day last Saturday. Councilmember Dennis announced the Prince George’s County Police District 1 Coffee Club tomorrow morning. Councilmember Esters said there is a virtual community forum Saturday for District 2 residents. Councilmember Mitchell gave a reminder about the international cookbook. CITY MANAGER’S REPORT: Mr. Gardiner announced Arbor Day on Friday April 30 at James Adams Park and the tree giveaway at the College Park Airport on Saturday. PROCLAMATION: Mayor Wojahn read the Arbor Day proclamation. AMENDMENTS TO AND APPROVAL OF THE AGENDA:  Councilmember Mitchell discussed a notice she saw regarding implementation of 5G in the Cherry Hill area and asked that the Mayor and Council receive legal advice from the City Attorney about the proposal. A motion was made by Councilmember Rigg and seconded by Councilmember Kennedy to add “Consult with Counsel to receive legal advice” to the Closed Session that was previously scheduled after tonight’s meeting. The motion passed 8-0.  ADD 21-G-64: A motion was made by Councilmember Kabir and seconded by Councilmember Mitchell to add “Consideration of a letter of support for the GYMS Act - HR 890” to the Consent Agenda. The motion passed 8-0. College Park City Council Meeting Minutes April 27, 2021 Page 2  A motion was made by Councilmember Mitchell and seconded by Councilmember Rigg to approve the agenda as amended. The motion passed 8-0. PUBLIC COMMENT ON CONSENT AGENDA AND NON-AGENDA ITEMS: Peter King, resident: Spoke about the article in College Park Here and Now about the positive outcome on the Cherokee Lane school situation and said it was thanks to advocacy of the District 4 Councilmembers. PUBLIC HEARING A. Public Hearing on the establishment of Permit Restricted Parking on Pontiac Street between Osage Street and 49th Avenue, and on Osage Street. Mr. Ryan reviewed the staff report and reminded residents there is no longer a fee for residential permits and said that vehicle registration can be done on-line. Mr. Miller added that we will still provide physical visitor passes. Mr. Ryan said that if this zone is approved, Council will be asked to set the number of permits per residential address. He said there is a limited amount of street parking, and that the default number of permits is five. Councilmember Dennis asked if annual vehicle registration is required. At this time, yes, it is required. Public Comment: Alex Lins, resident: Lives on Pontiac; there are only 4 houses on his street. Not in favor of permit parking. Concerned about speed from Pontiac to 49th Avenue, and the parked cars help slow down the cars. He doesn’t need on-street parking and this would be an unwanted imposition. Kelly Jordan, resident: One of the four houses on Pontiac. They are also opposed. Having the cars parked there helps slow traffic. She has ample off-street parking and these extra spaces help residents on streets that are more crowded. Jeffrey Wack, resident: One of the four houses on Pontiac. Does not experience a problem and does not want Permit Parking. Enjoys the flexibility of open parking. Brian O’Hanlon, resident: Lives on Osage street. The street is heavily parked perhaps due to rental homes. Speed is a problem. There is a lot of non-residential parking. He would support permit parking on his street. Zach Rice, resident: Lives on 49th Avenue across from Berwyn Park. Opposed to permit parking because he fears that cars would end up down in front of his house and put more stress on his street and make it hard for those people who are coming to use Berwyn Park. There being no further public comment, Mayor Wojahn closed this public hearing. College Park City Council Meeting Minutes April 27, 2021 Page 3 B. Public Hearing and possible action on 21-O-05, An Ordinance Of The Mayor And Council Of The City Of College Park, Amending Chapter 179, “Tree And Landscape Maintenance”, By Repealing And Re-Enacting §179-2, “Purpose; Applicability”, To Revise And Clarify The Purpose Of The Tree And Landscape Board And Chapter 11, “Authorities”, §11-1, “Findings” To Update A Code Reference, And To Delete Chapter 15, “Boards, Commissions And Committees”, Article V, “Animal Control Board” As An Outdated Reference. Ms. Miller described this as a simple ordinance that updates the mission of the Tree and Landscape Board, corrects a footnote, and deletes an outdated reference to the old Animal Control Board. Mary King, resident: Wants a clarification to the purpose of this ordinance. Opposes this change, particularly coordinating with state agencies. That is the job of the elected officials and staff. There being no further public comment, Mayor Wojahn closed this public hearing. PRESENTATIONS: A. Quarterly Financial Presentation: Gary Fields, Director of Finance, reviewed the PowerPoint presentation. We are in better financial shape that we thought we would be one year ago. Council requested more detail on “Other Revenue” and asked what our percentage is on A&A tax. Ms. Ferguson provided some background on the A&A tax. B. Presentation from City Lobbyists Len Lucchi and Stephanie Anderson, O’Malley, Miles, Nylen & Gilmore, P.A., on the 2021 Legislative Session Mr. Lucchi and Ms. Anderson reviewed the PowerPoint presentation. Council questions and discussion:  What will the $2M bond funds for the Housing Authority/Attick Towers be used for? Language was broad and gives a lot of discretion; improvements to the existing building; funds are going directly to the Housing Authority.  Is the funding for the Calvert Hills Drainage Improvement Project going to the state or the county? Mr. Lucchi understands it is going to the state but they may allocate it to the County. Are there any stipulations or requirements on that funding? Mr. Lucchi said there are no prohibitions on supplanting vs. supplementing.  Questions about police reform, LEOBR, and public access to police body-worn camera data: LEOBR has been repealed and substituted with a disciplinary process with more civilian participation. The police reform and body work camera issues are still evolving.  Is any match needed for the Capital Budget for College Park? No.  Is there a time limit on using those funds? Yes. College Park City Council Meeting Minutes April 27, 2021 Page 4 CONSENT AGENDA: A motion was made by Councilmember Dennis and seconded by Councilmember Rigg to adopt the Consent Agenda which consisted of the following: 21-G-61 Approval of minutes from the March 16, 2021 Special Session. 21-G-64 Letter of support for GYMS Act H.R. 890 Gym Mitigation and Survival Act ADDED of 2021 or the GYMS Act of 2021. The motion passed 8-0. ACTION ITEMS 21-G-62 Consideration of the establishment of Permit Restricted Parking on Pontiac Street, between Osage Street and 49th Avenue and on Osage Street. Councilmember Esters said there appears to be reluctance from residents on Pontiac Street to the proposal, and by putting permit parking on Osage, it might move the cars to the area near the park. She suspects we might hear more about the need for permit parking on surrounding streets in the future. A motion was made by Councilmember Esters and seconded by Councilmember Dennis to establish permit parking on Osage Street with permit restrictions to be set for enforcement Monday through Friday from 7 a.m. to 7 p.m., and Saturdays and Sundays from 12 midnight to 6 a.m., with a 2-hour allowance for non-permit holders, with five permits per residence. Councilmember Mitchell asked Parking to provide more background information about the problem on Pontiac Street. Councilmember Rigg lives in a neighborhood with Permit Parking and said there is nothing to be afraid of. It doesn’t change the way you live your life on a daily basis. He thinks it is best to bite off bigger chunks for permit parking rather than a street-by-street approach. Councilmember Dennis supports the motion and said we have discussed a larger city-wide permit parking solution in the past. The motion passed 8-0. 21-O-05 Adoption of Ordinance 21-O-05, An Ordinance Of The Mayor And Council Of The City Of College Park, Amending Chapter 179, “Tree And Landscape Maintenance”, By Repealing And Re-Enacting §179-2, “Purpose; Applicability”, To Revise And Clarify The Purpose Of The Tree And Landscape Board And Chapter 11, “Authorities”, §11-1, “Findings” To College Park City Council Meeting Minutes April 27, 2021 Page 5 Update A Code Reference, And To Delete Chapter 15, “Boards, Commissions And Committees”, Article V, “Animal Control Board” As An Outdated Reference. A motion was made by Councilmember Kennedy and seconded by Councilmember Rigg to adopt Ordinance 21-O-05. Councilmembers Kennedy and Mackie thanked the TLB for the service they provide to the Mayor and Council. The motion passed 8-0. 21-O-07 Introduction of the FY ’22 Budget Ordinance 21-O-7, an Ordinance of the Mayor and Council of the City of College Park, Maryland to adopt the Fiscal Year 2022 General Fund, Capital Projects Fund and Debt Service Fund budgets for the City of College Park. Mr. Fields explained the attachments to the proposed ordinance which explains the changes between the proposed budget to that which is being introduced tonight. Councilmember Kabir asked about the revisions to proposed revenues. A motion was made by Councilmember Dennis and seconded by Councilmember Rigg to introduce 21-O-07, an Ordinance of the Mayor and Council of the City of College Park, Maryland to adopt the Fiscal Year 2022 General Fund, Capital Projects Fund and Debt Service Fund budgets for the City of College Park. The Public Hearing will be held on Tuesday, May 11, at 7:30 p.m. 21-G-63 Approval of City comments on Pepco’s street lighting proposal. Mr. Gardiner reviewed the staff report. Mayor Wojahn suggested we ask MML if we can support this in the next legislative session. A motion was made by Councilmember Rigg and seconded by Councilmember Mitchell to authorize the Mayor to sign a letter to the Maryland Public Service Commission that expresses the City’s concerns with Pepco’s application for a multi-year tariff plan. There are no comments from the audience or the Council. The motion passed 8-0. College Park City Council Meeting Minutes April 27, 2021 Page 6 General Comments from the Audience: Mary King, resident: Wants her question answered about the revisions to the purpose of the Tree and Landscape Board. ADJOURN: A motion was made by Councilmember Dennis and seconded by Councilmember Esters to adjourn the regular meeting and enter into a closed session. Mayor Wojahn read the closing statement: Pursuant to the statutory authority of the Maryland Annotated Code, General Provisions Article § 3-305(b), the Mayor and Council of the City of College Park are providing notice that they will meet in a closed session after the meeting on April 27, 2021 to discuss the appointment of individuals over whom this public body has jurisdiction. Specifically, the Mayor and Council will discuss the appointment of the next City Manager. The Mayor and Council will also consult with the City Attorney on a legal matter. The Council will not return to public session after the closed session ends. The motion passed 8-0 and the meeting adjourned at 9:18 p.m. ______________________________________ Janeen S. Miller Date City Clerk Approved CLOSED SESSION April 27, 2021 On Tuesday, April 27, 2021, at 9:18 p.m., at the conclusion of the Regular Meeting, a motion was made by Councilmember Dennis and seconded by Councilmember Esters to adjourn the regular meeting and enter into a closed session. Mayor Wojahn read the closing statement: Pursuant to the statutory authority of the Maryland Annotated Code, General Provisions Article § 3-305(b), the Mayor and Council of the City of College Park are providing notice that they will meet in a closed session after the meeting on April 27, 2021 to discuss the appointment of individuals over whom this public body has jurisdiction. Specifically, the Mayor and Council will discuss the appointment of the next City Manager. The Mayor and Council will also consult with the City Attorney on a legal matter. The Council will not return to public session after the closed session ends. The motion passed 8-0. At 9:23 p.m. the Mayor and Council reconvened in a Closed Session. Due to the COVID-19 Pandemic, the meeting was held virtually. Mayor Wojahn was the Open Meetings trainee. College Park City Council Meeting Minutes April 27, 2021 Page 7 Mayor Wojahn and Councilmembers Kabir, Kennedy, Dennis, Esters, Day, Rigg, Mitchell and Mackie were in attendance. Interim City Manager Bill Gardiner; City Clerk Janeen Miller; City Attorney Suellen Ferguson; and Human Resources Director Teresa Way-Pezzuti attended a portion of the meeting. The City Attorney provided legal advice to the Mayor and Council about a motion that was filed in response to an MPIA request, and on the implementation of 5G on County rights-of-way. The Mayor and Council discussed the appointment of the next City Manager. No action was taken. At 10:52 p.m., a motion was made by Councilmember Mackie and seconded by Councilmember Kennedy to adjourn the Closed Session. The motion passed 8-0 and the meeting was adjourned.