Mayor & City Council

MINUTES Regular Meeting of the College Park City Council Tuesday, September 14, 2021 7:30 p.m. – 9:34 p.m. Due to the COVID-19 Pandemic, this was a virtual meeting. PRESENT: Mayor Wojahn; Councilmembers Kabir, Kennedy, Dennis, Esters, Day, Rigg, Mitchell and Mackie. ABSENT: None. ALSO PRESENT: Bill Gardiner, Interim City Manager; Janeen S. Miller, City Clerk; Yvette Allen, Assistant City Clerk; Suellen Ferguson, City Attorney; Robert Marsili, Director of Public Works; Terry Schum, Director of Planning; Teresa Way-Pezzuti, Director of Human Resources; Bob Ryan, Director of Public Services; Gary Fields, Director of Finance; Jim Miller, Parking Enforcement Manager; David Thornton, Racial Equity Officer; and Student Liaison Megha Sevalia. Mayor Wojahn opened the virtual Regular meeting at 7:30 p.m. and remarked on the grim anniversary of 9-11 and the deadly College Park tornado. ANNOUNCEMENTS: Councilmember Kabir testified yesterday at the County Zoning Rewrite Public Hearing and discussed last night’s Community Public Safety meeting. Councilmember Dennis announced next week’s PGPD District 1 Coffee Club. Councilmember Esters commented on the tour she took of the College Park Volunteer Fire Department. Councilmember Rigg announced the District 3 Ice Cream Social. Councilmember Mitchell discussed the Maryland Redistricting Commission meeting and the Community Public Safety meeting. Ms. Sevalia announced the 10th Annual Good Neighbor Day on Saturday November 13. Mayor Wojahn discussed the SGA’s annual Safety Walk which unfortunately conflicts with tonight’s Council meeting. College Park City Council Meeting Minutes September 14, 2021 Page 2 CITY MANAGER’S REPORT: Mr. Gardiner announced that College Park Day will be cancelled this year because of COVID and staff shortages. He announced the Public Works Clean Up Days in October. Election Day is Sunday, November 7 from 9 a.m. – 6 p.m. PROCLAMATIONS AND AWARDS: Mayor Wojahn read the Proclamations for Suicide Prevention and Action Month and Hispanic Heritage Month. AMENDMENTS TO AND APPROVAL OF THE AGENDA:  Mitchell/Mackie: Add Letter to PGCPS CEO Monica Goldson re Cherokee Lane Elementary to the Consent Agenda (item 21-G-111), passed 8-0.  Rigg/Mitchell: Add a Closed Session at the end of tonight’s meeting to discuss a personnel matter, passed 8-0.  Rigg/Day: Add Grant Funding for Cool Green Bus Stops as an Action Item (21-G-112), passed 8-0.  Rigg/Dennis: Adopt the agenda as amended, passed 8-0. PUBLIC COMMENT ON CONSENT AGENDA AND NON-AGENDA ITEMS: Stephanie Stullich, resident: She is on the Board of Streetcar Suburbs Publishing that publishes the College Park Here and Now Newspaper. She appreciates the City’s strong financial support, without which the newspaper wouldn’t be able to function. The original plan was that the City’s financial support would ramp down after the first year, but because of the pandemic they have had trouble obtaining the necessary advertising. Mary King, resident: Please reconsider putting food scrap containers in College Park Woods now rather than waiting until the Clubhouse project is done. It is inconvenient to have to go down to Davis Hall. Mark Goodson, resident, Manager of College Park Here and Now Newspaper: He is grateful to the City and its leadership for supporting independent journalism; they have a website now; received an award from the Community Newspaper Association. Marnice Williams, non-resident, with the Dar-us-Salaam Community: They began a 501(c)3, Helpers To Good, a non-religious organization providing meals and backpacks to those in need in the College Park area. Paul, resident: Regarding the acquisition of Rhode Island Avenue, what can residents expect going forward, what is the advantage to residents. CONSENT AGENDA: A motion was made by Councilmember Mitchell and seconded by Councilmember Esters to adopt the Consent Agenda which consisted of: College Park City Council Meeting Minutes September 14, 2021 Page 3 21-G-103 Approval of a $2,000 sponsorship for the Monster Dash 5K Race, organized by the Holy Redeemer Home School Association, as recommended by the Mayor and Council Grants subcommittee. 21-R-17 Adoption of Resolution 21-R-17, Resolution Of The Mayor And Council Of The City Of College Park Adopting The Recommendation Of The Advisory Planning Commission Regarding Variance Application Number CPV-2021-07, 9605 51st Avenue, College Park, Maryland, Recommending Approval Of A Variance From Section 27-120.01(C) From The Prince George's County Zoning Ordinance, To Construct A Driveway. 21-G-104 Award of Sourcewell contract #060920-CRN to Maryland Industrial Trucks, Inc. for the purchase of a Crane Carrier chassis LET2-46, and Sourcewell contract #091219-NWY to Johnson Truck Center for the purchase of a 32- cubic yard New Way rear loader compactor body, for a new refuse/recycling truck to replace Fleet Vehicle #501, in the total amount of $297,262.55 to be funded from CIP Account #925061. 21-R-16 Adoption of Resolution 21-R-16 designating a resident agent for the City. 21-G-105 Approval of funding in the amount of $15,000 for on-campus pre-game tailgate events for IFC/PHA members on UMD home football game days. 21-G-106 Approval of additional grant funding of up to $50,000 each, for a total not to exceed $250,000, to Meals On Wheels, College Park Food Bank, Community Meals Program at College Park United Methodist Church, Route 1 Communities Care Project and Helpers to Good, Inc., to be funded from ARPA funds received by the City. A certification of non-discrimination will be required from all grant recipients. 21-G-110 Authorize the City Manager to negotiate and sign a 12-month agreement with Streetcar Suburbs Publishing for College Park Here and Now newspaper, in an amount not to exceed $5,000 per month for the College Park Post insert, subject to the City Attorney’s review. 21-G-111 Approval of a letter to PGCPS CEO Monica Goldson re the construction of Cherokee Lane Elementary School and its impact on residents. The motion passed 8-0. College Park City Council Meeting Minutes September 14, 2021 Page 4 ACTION ITEMS 21-G-107 Consideration of a resident request to park a prohibited vehicle in the 4600 block of Clemson Road. Mr. Miller reviewed the staff report and the resident’s request to park a trailer on the street. Trailers are prohibited by City Code. The application was received on July 13 and enforcement has been suspended pending this meeting. Councilmember Kennedy asked if the trailer can be parked on the driveway. Mr. Cibor said when someone parks right across the street on Beechwood from his driveway he can’t maneuver the trailer in or out of the driveway. Mr. Cibor said this is a personal trailer. He brings the trailer in to do yardwork or snow removal at his property. It will mostly be housed at a property in Bladensburg. Councilmember Rigg ask how often the trailer will be there. Mr. Cibor said it is periodic. Councilmember Esters asked what “periodic” means and how frequently he would park his vehicle on the street. Mr. Cibor said it could be three times in the next month, then not again for a year. It has just been brought to his attention that he needed to go through this process. He has had the trailer for 12-15 years and has parked it on the street. Councilmember Rigg has heard from residents who do not want to be on the record who object to the proposal, and the City has also received public comment. Councilmember Day also received phone calls from residents who objected to this. The discussion ended without a motion. 21-G-108 Approval of a Road Transfer Agreement between Prince George’s County Maryland and the City of College Park to transfer a portion of Rhode Island Avenue from Paducah Road to Greenbelt Road to the City subject to conditions set forth in the Road Transfer Agreement and subject to approval by the City Attorney. Ms. Schum reviewed the staff report. The estimated annual maintenance cost are $30,000/year, plus $1M for resurfacing approximately every 20 years, plus $50K approximately every 4 years for restriping and signage. $17,000 of Highway User Funds may be realized. Staff is recommending approval of the proposed agreement. A motion was made by Councilmember Kabir and seconded by Councilmember Kennedy that the City Council approve the Road Transfer Agreement in substantially the form attached between Prince George’s County and the City of College Park for Rhode Island Avenue between Paducah Road and Greenbelt Road (MD 430). College Park City Council Meeting Minutes September 14, 2021 Page 5 Councilmember Kabir said the City will have the opportunity to make traffic and speed limit changes that the County would not address, which he sees as a benefit to taking ownership of the road. Comments from the Audience: Mary King, resident: This decision seems to have been made a long time ago. It happened without a process, a cost-benefit analysis, or evaluation of other options. Ms. Ferguson said the motion should have said the agreement is approved in substantially the form attached; she anticipates some non-substantive changes will be made. Mayor Wojahn clarified that the Council sent a letter to the County making this request. Councilmember Kennedy asked if the Hollywood Streetscape and Rhode Island Avenue Protected Bike Lane project could move forward without this acquisition. Ms. Schum believes those projects would not move forward as currently designed. Councilmember Kennedy believes the Hollywood Streetscape Project will bring revitalization to that commercial area. Councilmember Rigg thinks that taking this local control will allow us to serve our residents better, particularly with snow removal. Councilmember Esters supports this action and said residents will see the benefit. Councilmember Kabir said this project will benefit the entire City. Councilmember Mackie said we don’t take the cost lightly but that the benefit of having this road managed by our City staff is worth it. Mayor Wojahn said this is part of an exciting transformation of north College Park; this is a key part and will allow us to have local control of a critical thoroughfare. The motion passed 8-0. 21-G-109 Approval of contract for City Hall building management for One College Park Condominium Ms. Ferguson said this is a contract for property management and engineering for the new City Hall UMD building, except the retail space. The UMD issued an RFP for management of this building along with other UMD buildings, and we thought we would benefit from economies of scale. A motion was made by Councilmember Day and seconded by Councilmember Rigg that the Property Management contract for City Hall be awarded to Lincoln Property Company and be approved subject to the final review and approval of the City Attorney. College Park City Council Meeting Minutes September 14, 2021 Page 6 There were no comments from the audience or the Council. The motion passed 8-0. 21-R-18 Adoption of Resolution 21-R-18 amending Resolution 21-R-20 regarding the Juneteenth holiday by providing Juneteenth as a paid holiday to City employees Ms. Way-Pezzuti reviewed the staff report. Mr. Thornton said the City made a public stance last year when they passed Resolution 20-R-16 condemning systemic racism. The support of Juneteenth as a City holiday demonstrates the resolve of the Council. A motion was made by Councilmember Esters and seconded by Councilmember Mitchell that the City Council adopt Resolution 21-R-18 amending Resolution 21-R-20 regarding the Juneteenth holiday by providing Juneteenth as a paid holiday to City employees. Councilmember Esters said this action speaks to the importance of the holiday and the stance that the City took, and provides employees the chance to celebrate this important day in our country’s history. There were no comments from the audience or the Council. The motion passed 8-0. 21-O-11 Introduction of an Ordinance to Amend the City Code regarding speed camera hours and location of operation. Ms. Ferguson said the state recently adopted changes to the Transportation Article that allow municipalities in Prince George’s County to locate speed cameras on roads in residential districts with a maximum posted speed limit of 35 miles per hour. Ordinance 21-O-11 would include this option in the City Code. A motion was made by Councilmember Kennedy and seconded by Councilmember Kabir to introduce Ordinance 21-O-11 and to set the Public Hearing for September 28, 2021 at 7:30 p.m. 21-G-112 Approval of grant funding for Cool Green Bus Stops Mr. Gardiner said a professor at the University and his students have formed a company to market bus stops that offer protection from the sun, capture rainwater and divert it to the nearby plants. The professor is asking cities up and down US 1 for support for their application for funding through the Exelon foundation and is asking municipalities for $2,400 over three years College Park City Council Meeting Minutes September 14, 2021 Page 7 for each bus shelter installed in the community. We have funds available to pay for this kind of initiative. Councilmember Kabir asked about the cost comparison. Mr. Gardiner said our other bus shelters are usually $12K-$15K total. Councilmember Kabir thinks we need additional bus shelters in the City. Mayor Wojahn asked if we are only signing a letter of support or committing funds. Mr. Gardiner said the communities that partner to support the grant will be asked to contribute funds in the future, but we don’t know the amount yet. Councilmember Day said this is not a rainproof shelter. In the winter the plants can drop their leaves so you won’t be protected from the sun. He asked who will maintain the shelters. Mr. Gardiner thinks the City would maintain them. He added we can do this on a trial basis. A motion was made by Councilmember Rigg and seconded by Councilmember Kabir that staff engage with the company to discuss/pursue installment of cool green bus stops, pending discretion by the City Manager for funding at the level indicated. Councilmember Rigg said this is an opportunity to support a local private initiative. The motion passed 8-0. Adjourn: A motion was made by Councilmember Kennedy and seconded by Councilmember Kabir to adjourn into a Closed Session. Mayor Wojahn read the Closing Statement: Pursuant to the Maryland Annotated Code General Provisions Article § 3- 305(b), the Mayor and Council are providing notice that they will meet in a virtual Closed Session after the virtual Regular Council meeting on Tuesday, September 14 to discuss a Personnel Matter. The Mayor and Council will not return to open session after the Closed Session ends. The motion passed 8-0 and the Regular Meeting ended at 9:34 p.m. _____________________________________ Janeen S. Miller Date City Clerk Approved CLOSED SESSION September 14, 2021 On Tuesday, September 14, 2021, at the conclusion of the Regular Meeting, a motion was made by Councilmember Kennedy and seconded by Councilmember Kabir to adjourn the Regular Meeting and enter into a Closed Session. Mayor Wojahn read the Closing Statement: College Park City Council Meeting Minutes September 14, 2021 Page 8 Pursuant to the statutory authority of the Maryland Annotated Code, General Provisions Art. § 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 Regular Meeting on September 14, 2021 to discuss a personnel matter. The Mayor and Council will not return to public session after the closed session ends. The motion passed 8-0 and the Regular Meeting ended at 9:34 p.m. At 9:42 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. Mayor Wojahn and Councilmembers Kabir, Kennedy, Dennis, Esters, Day, Rigg, Mitchell and Mackie were joined by City Attorney Suellen Ferguson, Interim City Manager Bill Gardiner, and Director of Human Resources Teresa Way-Pezzuti. The Mayor and Council discussed the appointment of the City Manager. No action was taken. At 10:32 p.m., a motion to adjourn the Closed Session was made by Councilmember Day and seconded by Councilmember Rigg. The motion passed 8-0. CLOSED SESSION September 8, 2021 On Tuesday, September 8, 2021, at the conclusion of the Worksession, a motion was made by Councilmember Esters and seconded by Councilmember Mackie to adjourn the Worksession 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 to discuss: 1) 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; 2) To consider the acquisition of real property for a public purpose and matters directly related thereto; and 3) To consult with Counsel to obtain legal advice; and to consult with staff, consultants, or other individuals about pending or potential litigation. Specifically, the Mayor and Council will discuss a contract dispute, property acquisition, and the City Attorney’s evaluation. The Mayor and Council will not return to public session after the closed session ends. The motion passed 8-0, and the meeting was adjourned at 10:34 p.m. College Park City Council Meeting Minutes September 14, 2021 Page 9 At 10:40 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. Mayor Wojahn and Councilmembers Kabir, Kennedy, Dennis, Esters, Day, Rigg, Mitchell and Mackie were joined by City Attorney Suellen Ferguson. Interim City Manager Bill Gardiner, City Clerk Janeen Miller, Planning Director Terry Schum, Public Works Director Robert Marsili, and Public Works Assistant Director Frank Pacifico attended portions of the meeting.  The Mayor and Council discussed the possible acquisition of two City properties that would be used for a public purpose and discussed negotiation strategies for each.  The Mayor and Council received information from City staff about a contract dispute and received legal advice from the City Attorney about potential litigation.  The Mayor and Council conducted the City Attorney’s evaluation. No action was taken. The Closed session was adjourned at 12:09 a.m., on a motion by Councilmember Rigg, second by Councilmember Mackie, passed 8-0.