Mayor and City Council

City Council Workshop and Special Legislative Meeting Hybrid Wednesday, July 3, 2024, 7:00 pm Workshop Items for Discussion 1. Call to Order 2. Public Comments 3 min each 3. Council Announcements 15 min 4. Ordinance 24-12: 5 min An Ordinance of the Mayor and Council of the City of New Carrollton Authorizing a Renewal of the Comcast of Maryland, LLC Franchise Agreement. (Second Reading). 5. Discussion: MHD ZEV Grant Program Commitment of Funds 10 min for Fiscal Year 2024 6. Resolution 25-01 5 min For authorizing the City of New Carrollton Economic Development Department to submit an application to the Prince George's County Planning Department for Planning Assistance to Municipalities and Communities Program (PAMC). 7. Public Comments and Questions 3 min each 8. Motion to Adjourn Special Legislative Meeting 1. Call to Order OLD BUSINESS 2. Ordinance 24-12: ______ Motion: I move that the City Council of the City of New Carrollton approve Ordinance 24-12, an Ordinance of the Mayor and Council of the City of  New Carrollton Authorizing a renewing of the Comcast of Maryland, LLC Franchise Agreement. (______________). NEW BUSINESS NONE 1. Resolution 25-01 _______ Motion: I move that the City Council of the City of New Carrollton approve Resolution 25-01 authorizing the New Carrollton Economic Development Department to apply for the Prince George's County Planning Department Planning Assistance to Municipalities and Communities Program (PAMC) grant. (______________). 2. MHD ZEV Grant Program Commitment of Funds ________ for Fiscal Year 2024 Motion: I move that the City Council of the City of New Carrollton accept the grant offered from the Maryland Energy Administration’s MHD ZEV Grant Program, not to exceed $150,000. This grant will assist The City of New Carrollton in purchasing a medium-duty/heavy-duty zero-emission Electric Transit Bus. (______________). 3. Motion to Adjourn ____________________________________________________________________________ PLEASE NOTE: This meeting of the City of New Carrollton Council will be a hybrid meeting. This means that you can attend in person, by using the Zoom link below or by telephone (301) 715-8592. Closed captioning will be available on Zoom for all viewers. https://us06web.zoom.us/j/86228369506 Meeting ID: 862 2836 9506 If you would like to submit comments in writing please email City Clerk Ashli Pressey, at apressey@newcarrolltonmd.gov by 3:00 pm the day of the meeting. Comments are also welcome after any meeting.  Ordinance 24-12 Granting a Renewal of the Cable Franchise to Comcast of Maryland, LLC And Authorizing a Franchise Agreement Effective: July 3, 2024 ORDINANCE OF THE MAYOR AND COUNCIL OF THE CITY OF NEW CARROLLTON GRANTING A RENEWAL OF THE CABLE FRANCHISE TO COMCAST OF MARYLAND, LLC AND AUTHORIZING A FRANCHISE AGREEMENT WHEREAS, pursuant to §5-201 et seq. of the Local Government Article, Annotated Code of Maryland, the City of New Carrollton (hereinafter, the “City”) has the power to pass such ordinances as it deems necessary to protect the health, safety and welfare of the citizens of the municipality; and WHEREAS, the Mayor and Council have the power under §5-204(d) of the Local Government Article, Annotated Code of Maryland to grant non-exclusive cable franchises; and WHEREAS, the Mayor and Council have adopted a cable ordinance to govern cable franchises that are located within the City; and WHEREAS, the City entered into a cable franchise agreement with Comcast of Maryland, LLC which ended in 2015, but has been extended during the negotiation of the renewal of the franchise agreement; and WHEREAS, the Mayor and Council authorized the negotiation of the renewal of the franchise agreement with Comcast of Maryland, LLC and said proposed agreement has been prepared and presented to the Mayor and Council; and CAPS : Indicate matter added to existing law. [Brackets : Indicate matter deleted from law. Asterisks * * * : Indicate matter remaining unchanged in existing law but not set forth in Ordinance [Brackets] :indicate matter deleted in amendment  WHEREAS, the Mayor and Council have determined that it is in the public interest to renew the cable franchise with Comcast of Maryland, LLC, within the corporate limits of the City, on condition that Comcast of Maryland, LLC, enter into a franchise agreement in substantially the form as attached to this Ordinance. Section 1. NOW THEREFORE, BE IT ORDAINED AND ENACTED, by the Mayor and Council of the City of New Carrollton the renewal of the non-exclusive right to construct and operate a cable television system along the public rights of way in the City of New Carrollton is hereby granted to Comcast of Maryland, LLC, subject to the provisions of Chapter 45 of the City Code and a franchise agreement between the City and Comcast Cable, LLC in a form substantially similar to that attached to this Ordinance. The City Mayor is authorized to endorse the franchise agreement on behalf of the City. Section 2. BE IT FURTHER ORDAINED AND ENACTED by the Mayor and Council of the City of New Carrollton that if any section, subsection, provision, sentence, clause, phrase or word of this Ordinance is for any reason held to be illegal or otherwise invalid by any court of competent jurisdiction, such invalidity shall be severable, and shall not affect or impair any remaining section, subsection, provision, sentence, clause, phrase or word included within this Ordinance, it being the intent of the City that the remainder of the Ordinance shall be and shall remain in full force and effect, valid and enforceable. INTRODUCED by the Mayor and Council of the City of New Carrollton at a regular meeting on the 20th day of June 2024. CAPS : Indicate matter added to existing law. [Brackets : Indicate matter deleted from law. Asterisks * * * : Indicate matter remaining unchanged in existing law but not set forth in Ordinance [Brackets] :indicate matter deleted in amendment  ADOPTED by the Mayor and Council of the City of New Carrollton at a regular meeting on the 3rd day of July 2024. EFFECTIVE the 24th day of July, 2024. ATTEST: CITY OF NEW CARROLLTON By: _____________________ By: ________________________________ Ashli Pressey, City Clerk Briana Urbina, Chairman, City Council Approved for legal sufficiency: Approved: ______________________ By: ___________________ Date:_______ Jason Deloach, City Attorney Katrina R. Dodro, Mayor CAPS : Indicate matter added to existing law. [Brackets : Indicate matter deleted from law. Asterisks * * * : Indicate matter remaining unchanged in existing law but not set forth in Ordinance [Brackets] :indicate matter deleted in amendment Commitment of Funds for FY2024 MHD ZEV Program 2024-06-528S1 Wes Moore, Governor Aruna Miller, Lt. Governor Paul G. Pinsky, Director June 18, 2024 Applicant Name: City of New Carrollton Applicant Mailing Address for Grant Reimbursement: 6016 Princess Garden Parkway, New Carrollton MD 20784 Re: MHD ZEV Grant Program Commitment of Funds for Fiscal Year 2024 (FY24) Grant 2024-06-528S1 Dear Andre Triplett: The Maryland Energy Administration (“MEA”), an agency of the State of Maryland, is pleased to conditionally offer City of New Carrollton (“Applicant”), by this letter (“Commitment Letter”) a commitment (“Commitment”) under its MHD ZEV Grant Program (“Program”), in an amount not to exceed one hundred and fifty thousand dollars ($150,000.00) (“Grant”), for a medium-duty and heavy-duty zero-emission vehicle project including: The City of New Carrollton will purchase one (1) Electric Transit Bus. This Commitment is conditional. MEA may rescind this Commitment if the timeline outlined in Section 1 of the Commitment Letter is not or cannot be met. In addition, MEA may rescind this Commitment if the Applicant is unable to agree to or comply with all provisions of the Program set forth in the Maryland Energy Administration Grant Agreement General Provisions (Attachment A), and the Fiscal Year 2024 Medium-Duty and Heavy-Duty Zero-Emission Vehicle Grant Program (Attachment B). The Applicant may request a rescission at any time while the Commitment is in effect before the Grant Agreement is fully executed. Prior to execution of the Grant Agreement, grant funds are subject to change in amount and availability. Additionally, for situations where the scope of work is not part of the Funding Opportunity Announcement, the Applicant and MEA must develop a scope of work, which will be part of the Grant Agreement. Any work performed prior to execution of the Grant Agreement is at the risk of the Applicant and is likely to be ineligible for reimbursement under the Program. The following constitute terms and conditions of this Commitment: 1. Timeline of Commitment (a) This Commitment shall not become effective unless this Commitment Letter is duly executed by the Applicant and returned to MEA by June 18th, 2024. The 1 Commitment of Funds for FY2024 MHD ZEV Program 2024-06-528S1 MEA Section Chief may approve an extension to this date in writing, but in no case shall the amended date be later than June 21, 2024. (b) Execution of the Grant Agreement shall occur no later than November 1, 2024 unless extended by MEA. (c) If Execution of the Grant Agreement does not occur within the time set forth herein or if thisCommitment terminates, this Commitment shall be deemed null and void and shall have no further force and effect. 2. Assignment. This Commitment is not assignable or transferable. The Applicant’s signature on this Commitment Letter constitutes an acknowledgement that the Applicant Name and Applicant address on this Commitment Letter matches the name and federal tax identification number on the IRS W-9 form that the Applicant provided, or will provide, to MEA. In addition, the Applicant understands that any change to the Applicant Name, the federal tax identification number, or Applicant Mailing Address for Grant Disbursement may invalidate this Commitment. 3. Merger. No statements, agreements, or representations, oral or written, which may have been made to the Applicant or to any employee or agent of the Applicant, either by MEA or by an employee or agent acting on behalf of MEA, with respect to the Commitment, shall be of any force or effect, except to the extent stated in this Commitment Letter. This Commitment may not be changed except by written agreement signed by MEA. 4. Governing Law. (a) This Commitment Letter shall be governed by and construed under the laws of the State of Maryland. (b) If any term, covenant, or condition of this Commitment shall be held to be invalid, illegal, or unenforceable in any respect, this Commitment shall be construed without such provision to the fullest extent possible and shall remain in full force and effect. 5. Survival of Commitment. The obligations agreed to by the Applicant in executing this Commitment Letter shall survive the execution of the Grant Agreement. In the event of any conflict between thisCommitment Letter and the Grant Agreement, the Grant Agreement shall prevail. 6. Historical Review. State law requires that all projects undergo a review to analyze whether proposed work will adversely affect properties of historical significance. If adverse effects are indicated, alternatives must be considered or else Federal and State funding will be unavailable. The Maryland Historical Trust conducts this review. If applicable to the Project being funded by this Grant, the Applicant is strongly urged to refrain from any construction, renovation, or similar work until notified by MEA that the proposal has cleared the historical review process. Failure of the proposal to clear the historical review process may prohibit MEA from funding the Grant. 2  Commitment of Funds for FY2024 MHD ZEV Program 2024-06-528S1 NOTE: THIS IS A BINDING LEGAL DOCUMENT. IF YOU HAVE QUESTIONS CONCERNING ANY OF THE PROVISIONS OF THIS DOCUMENT, YOU SHOULD CONSULT WITH YOUR LEGAL COUNSEL BEFORE SIGNING AND RETURNING THIS DOCUMENT. MARYLAND ENERGY ADMINISTRATION _____________________________________ James Cobb, Jr Director of Finance and Administration Approved as to form and legal sufficiency this day of , 2024. _____________________________________ Assistant Attorney General ACCEPTED: ____________________________________ Name: Andre Triplett Position: Director of Public Works City of New Carrollton ACCEPTED: ____________________________________ Name: Position: Attachments: 1. Attachment A: General Terms and Conditions for FY2024 2. Attachment B: Grant Funding Opportunity Announcement 3  Resolution 25-01 City of New Carrollton Economic Development Department Application to the Prince George's County Planning Department (PAMC). Effective: July 3, 2024 A RESOLUTION OF THE CITY COUNCIL OF NEW CARROLLTON ECONOMIC DEVELOPMENT DEPARTMENT APPLICATION TO THE PRINCE GEORGE'S COUNTY PLANNING DEPARTMENT FOR PLANNING ASSISTANCE TO MUNICIPALITIES AND COMMUNITIES PROGRAM (PAMC). FOR Authorizing the City of New Carrollton Economic Development Department to submit an application to the Prince George's County Planning Department for Planning Assistance to Municipalities and Communities Program (PAMC). WHEREAS, the City's Economic Development Department is responsible for pursuing one of the adopted New Carrollton Strategic Outcomes of Increasing Economic Development; and WHEREAS, one of the components of this strategic outcome is to promote the economic development of the city by attracting new businesses to the area while supporting existing city businesses; and WHEREAS, the city wishes to formally define the standards acceptable by the city for incoming businesses and the potential improvements to existing businesses; and WHEREAS, the Economic Development Department wants to submit an application to the Prince George's County Planning Department, Planning Assistance to Municipalities and Communities Program (PAMC), for the creation of a New Carrollton Business portfolio for potential business investors, and WHEREAS, PAMC provides technical assistance to municipalities and communities in Prince George's County that need assistance with any initiative that assist with redevelopment, revitalization and community or area plan implementations. NOW, THEREFORE, BE IT HEREBY RESOLVED, that the City of New Carrollton Council hereby supports and approves the submission of an application to the PAMC program for the development of a city business portfolio and authorizes the City Administrator to approve the final submission subject to any non-substantive revisions to the application by the City Attorney and City Administrator which may be deemed appropriate. BE IT FURTHER RESOLVED, THAT THE APPLICATION IS ATTACHED HERETO AS A PART OF THIS RESOLUTION. ADOPTED AND ENACTED BY THE CITY COUNCIL OF NEW CARROLLTON THIS 3RD DAY OF JULY 2024. EFFECTIVE: JULY 3, 2024 ATTEST: ___________________________ __________________________ Ashli Pressey Briana Urbina, Chair City Clerk APPROVED: ___________________________ Katrina R. Dodro Mayor DATE:_____________________