Mayor & City Council

MINUTES College Park City Council Regular Meeting Tuesday, November 15, 2022 7:30 p.m. – 10:06 p.m. This was a hybrid meeting: Online via Zoom; In-person in the Council Chambers of City Hall. PRESENT: Mayor Wojahn; Councilmembers Kabir, Kennedy, Esters, Whitney, Rigg, Mackie and Mitchell. Councilmembers Adams and Mitchell joined by Zoom. ABSENT: None ALSO PRESENT: Kenneth Young, City Manager; Bill Gardiner, Assistant City Manager; Janeen S. Miller, City Clerk; Suellen Ferguson, City Attorney; Terry Schum, Director of Planning; Robert Marsili, Director of Public Works; Bob Ryan, Director of Public Services; Gio Gordeziani, IT Manager; Michael Williams, Economic Development Manager; Valerie Graham, Student Liaison; and Deputy Student Liaison, Adrian Andriessens. Mayor Wojahn opened the meeting at 7:30 p.m. ANNOUNCEMENTS: Councilmember Kabir announced the last day of the Hollywood Farmers Market and said the College Park Food Bank continues to collect frozen turkeys for Thanksgiving. Councilmember Kennedy talked about the accomplishments on Good Neighbor Day Councilmember Esters announced the BDCA meeting. Councilmember Whitney thanked the volunteers who staffed the event she organized at Good Neighbor Day. Councilmember Rigg thanked those that attended the Good Neighbor Day installation of the memorial plaque for Rose Greene Colby on the Trolley Trail. Councilmember Mackie thanked the volunteers who staffed the event she organized at Good Neighbor Day; the City website lists a lot of upcoming activities for residents; the first day of curbside food scrap pick up was today. Councilmember Mitchell thanked the volunteers who staffed the event she organized at Good Neighbor Day. Deputy Student Liaison Andriessens also thanked the student volunteers who worked at Good Neighbor Day. College Park City Council Minutes November 15, 2022 Page 2 Mayor Wojahn echoed the gratitude to all for Good Neighbor Day. CITY MANAGER’S REPORT: 25th Anniversary celebration of the CPCUP last night; Thanksgiving closings. AMENDMENTS TO/APPROVAL OF THE AGENDA:  A motion was made by Councilmember Kabir and seconded by Councilmember Kennedy to move the public hearings before the presentations on the agenda. The motion passed 8-0.  A motion was made by Councilmember Rigg and seconded by Councilmember Kabir to add Item #22-G-165, Class C Appointments to the College Park City University Partnership, to the Consent Agenda. The motion passed 8-0.  A motion was made by Councilmember Rigg and seconded by Councilmember Mackie to adopt the agenda as amended. The motion passed 8-0. PUBLIC COMMENT ON CONSENT AND NON-AGENDA ITEMS: Mary King, resident: Safety for cars parked on Metzerott Road: suggests painted white lines and orange cones or flex bollards to steer traffic away from the parking area. PUBLIC HEARINGS: Ordinances 22-O-09 (October Map 1) and 22-O-10 (Map 3A), Redistricting Plans: Mr. Gardiner reviewed the process from its beginning in February to October 25, when two different plans were introduced. Tonight’s public hearing is on Ordinances 22-O-09 (October Map 1) and 22-O-10 (Map 3A). 2023 population data was used for both. Ms. Ferguson noted that revised narrative descriptions for each map are included in the red folders. These are clarifications to the narrative descriptions, not substantive changes. Comments from the audience: Mary King, resident: Supports Plan 3A. Tanya Lervik, resident: Supports October 1 Plan. There being no further public comment, the Public Hearing was declared closed. PRESENTATION: Presentation from Michelle Whittaker, State-wide coordinator for RCVMaryland, about Ranked Choice Voting. More information at these websites: FairVote, RepresentWomen, and the Ranked Choice Voting Research Center. PROCLAMATIONS AND AWARDS: Mayor Wojahn presented a Proclamation and gift box to outgoing County Council Member Dannielle M. Glaros thanking her for her service to the City of College Park PRESENTATION: Presentation by Todd Larsen and Alexa Bely from the Committee For A Better Environment on a proposal to ban plastic bags, known as the Better Bag Bill. The proposal will be scheduled for discussion on a future Worksession. College Park City Council Minutes November 15, 2022 Page 3 CONSENT AGENDA: A motion was made by Councilmember Mackie and seconded by Councilmember Esters to adopt the Consent Agenda, which consisted of these items: 22-G-162 Authorization for the City Manager to sign a contract with Trinity Wiring and Security Solutions in the amount of $152,381.46 for the design, build and installation of a new video security system in the City Garage, including maintenance and support. The contract shall be reviewed by the City Attorney. 22-G-161 Approval of minutes from the November 1, 2022 Worksession. ADD Approval of Class C Appointments to the College Park City University 22-G-165 Partnership. The motion passed 8-0. REDISTRICTING: Prior to the introduction of either Redistricting Ordinance, the Council discussed the plans. Each Councilmember indicated their preference. 22-O-09 Ordinance 22-O-09, an ordinance of the Mayor and Council of the City of College Park, To Adopt A Redistricting Plan, “October Plan 1,” For Council Member Elections As Required By § C2-2 Of The College Park Charter. A motion was made by Councilmember Whitney and seconded by Councilmember Esters to adopt ordinance 22-O-09, October Plan 1, for Councilmember Elections. The motion passed 8-0. 22-O-10 Ordinance 22-O-10, an ordinance of the Mayor and Council of the City of College Park, To Adopt A Redistricting Plan, “Map 3A,” For Council Member Elections As Required By § C2-2 Of The College Park Charter. Ms. Ferguson explained that since Council has chosen October Plan 1 by adoption of Ordinance 22-O-09, a motion to postpone this item indefinitely virtually kills the item. A motion was made by Councilmember Esters and seconded by Councilmember Whitney to postpone Ordinance 22-O-10 indefinitely. The motion passed 8-0. 22-G-125 Approval of a contract amendment in the amount of $138,537 with NZI Construction Corporation for sidewalk construction on the north side of Cherokee Street between Rhode Island Avenue and 48th Place. Ms. Schum reviewed the staff report. The plans were completed a year ago with resident input. This project is funded entirely by CDBG funds. We had to wait for contract paperwork from our grant funder and Prince George’s County. The contractor is ready to start the project and has 90 days to complete it. College Park City Council Minutes November 15, 2022 Page 4 A motion was made by Councilmember Kabir and seconded by Councilmember Esters to approve a contract amendment to NZI Construction Corporation, in substantially the form attached, for Cherokee Street sidewalk construction in the amount of $138,537. The motion passed 8-0. 22-G-163 Amendment to contract with Wallace Montgomery in the amount of $34,850 for the Hollywood Streetscape project Ms. Schum said this is an amendment to a contract previously awarded to Wallace Montgomery for construction management of the Hollywood Streetscape project. The project has had several delays and has taken longer than expected. The increase involves additional permit-related work and construction management services for the goat path/connection to the Hollywood Shopping Center and additional electrical permitting. The contract with Olney Masonry for the construction will also need to be amended and will come back in December. A motion was made by Councilmember Kabir and seconded by Councilmember Kennedy to approve a Contract Amendment (Change Order) in the amount of $34,850 to Wallace Montgomery for additional construction phase support services for the Hollywood Streetscape Project and authorize the City Manager to transfer additional funding, if necessary, from CIP reserve accounts. The motion passed 8-0. 22-O-06 Introduction of an Ordinance, 22-O-06, to approve the Comcast Cable Franchise Agreement – Suellen Ferguson, City Attorney Ms. Ferguson said we have been negotiating this agreement since 2012. The negotiating team (the County, several municipalities, and Cable Counsel) are proud of this accomplishment. The overall outcome is good but there are a couple of downsides. One is that Comcast is not willing to support the I-Net fiber (referred to as the C-Net in this agreement) for more than the original 10 years, so something else has to be done. We retain the 5% Franchise Fee and 3% PEG fee. There will be a required payment to Comcast for maintenance of the I-Net, but it will be spread across the Franchise stakeholders. The negotiating team is supporting this agreement. A motion was made by Councilmember Whitney and seconded by Councilmember Mackie to introduce 22-O-06. The Public Hearing will be held on December 13, 2022. ADJOURN: A motion to adjourn into a Closed Session was made by Councilmember Esters and seconded by Councilmember Mackie. Mayor Wojahn read the closing statement: 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 College Park City Council Minutes November 15, 2022 Page 5 that they will meet in a Closed Session after the meeting on Tuesday, November 15 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 Mayor and Council will conduct the City Manager’s evaluation and will discuss the timeline and process for City Attorney’s evaluation. They will not return to public session. The motion carried 8-0 and the Regular Meeting was adjourned at 10:06 p.m. _______________________________________________ Janeen S. Miller City Clerk CLOSED SESSION November 15, 2022 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 met in a Closed Session after the meeting on Tuesday, November 15 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. At 10:06 p.m. on November 15, 2022, a motion was made by Councilmember Esters and seconded by Councilmember Mackie to adjourn into a Closed Session. Mayor Wojahn read the Closing Statement. The motion passed 8-0. Mayor Wojahn and Councilmembers Kabir, Kennedy, Esters, Whitney, Adams, Rigg, Mackie and Mitchell were present, with Councilmembers Adams and Mitchell attending via Zoom. City Manager Kenneth Young and City Attorney Suellen Ferguson attended portions of the meeting. Mayor Wojahn was the open meetings trainee. The Mayor and Council discussed the City Manager’s evaluation, and discussed the timeline and process for the City Attorney’s evaluation. No action was taken. At 11:40 p.m., a motion was made by Councilmember Rigg and seconded by Councilmember Esters, to adjourn the Closed Session. The motion passed 8-0.