City Council

CITY OF TAKOMA PARK, MARYLAND CITY COUNCIL REGULAR MEETING Wednesday, October 6, 2021 MINUTES Minutes adopted Nov. 17, 2021 CLOSED SESSION OF OCTOBER 6, 2021 The City Council convened at 6:30 PM on Zoom to vote to convene in closed session to discuss matters related to collective bargaining with AFSCME Local 3399. The meeting was closed pursuant to Annotated Code of Maryland, General Provisions Article, §3-305(b)(9). Mr. Kovar moved to go into closed session. Ms. Kostiuk seconded the motion. VOTING FOR: Stewart, Kovar, Dyballa, Kostiuk, Seamens, Smith, Searcy. Present for the closed session: Mayor Stewart, Councilmembers Kovar, Dyballa, Kostiuk, Seamens, Smith, and Searcy; Attorney Garrett Wozniak, City Manager Fox, Deputy City Manager Clarke, Human Resources Director Smith, City Clerk Carpenter. The Council was briefed on the status of the negotiations. The closed session was adjourned at 7:25 PM. CALL TO ORDER/ROLL CALL Present: Mayor Stewart, Councilmember Kovar, Councilmember Dyballa, Councilmember Kostiuk, Councilmember Seamens, Councilmember Smith, Councilmember Searcy Also Present: City Manager Fox, Deputy City Manager Clarke, City Clerk Carpenter, City Attorney Cornbrooks, HCD Director Cross The meeting was reconvened at 7:30 PM on Zoom. CHANGES TO THE AGENDA / AGENDA SCHEDULING UPDATE Mayor Stewart provided the update. FOR THE RECORD Mayor Stewart read the proclamation. Proclamation of Indigenous Peoples’ Day (attached) PUBLIC COMMENTS Page 1 of 4 Mary Jane Muchui expressed concern about the high price of houses in Takoma Park and the lack of housing for people with special needs. Kenneth Allen, representing Climate Action Coffee, encouraged people to participate. He noted the invasive vine removal organized by Chesapeake Climate Action Network and others. A. J. Campbell encouraged Takoma Park to take a greater interest in condo buildings and said that rental buildings are being sold at an alarming rate. COUNCIL COMMENTS Mr. Smith said he would like a presentation from HCD Director Cross on the issues raised by Ms. Campbell. Ms. Kostiuk noted the public space workshops being organized by the Planning Staff and recommended that residents consider keeping leaves on the ground because they provide important habitat. Ms. Searcy thanked the Housing and Community Development Department and Public Works Department for their efforts on keeping the Hillwood Manor renovation on track. Ms. Dyballa noted an upcoming Long Branch Sligo meeting and reported that she had a meeting with HCD Director Cross about property tax credits and rebates. Mr. Kovar announced the memorial for Pat Loveless on October 9 and the Indigenous Peoples’ Day event, also on October 9. He announced that Historic Takoma will be opening its reading room on a limited basis. Mr. Seamens noted that Ward 4 residents are needed to apply to serve on City committees. Ms. Stewart commented that using one side of the street for the Street Fest worked well. She noted a complaint from a woman who uses the storage facility on Holton Lane that the rent is being increased from $165 to $210. It is an example of the kind of needs that people have. CITY MANAGER COMMENTS City Manager Fox thanked several staff members for their service; announced upcoming Public Space Workshops organized by the Planning Division; noted that October is Domestic Violence Awareness Month and Breast Cancer Awareness Month; and reported that staff is continuing to get feedback on potential uses of ARPA funds. HCD Director Cross provided an update on eviction prevention and responded to questions. VOTING SESSION Page 2 of 4 1. Second Reading Ordinance Approving FY22 Budget Amendment No. 2 Ms. Searcy moved adoption of the budget amendment ordinance. Ms. Kostiuk seconded the motion. The motion carried (VOTING FOR: Stewart, Kovar, Dyballa, Kostiuk, Seamens, Smith, Searcy). Ordinance 2021-40 (attached) 2. Second Reading Ordinance Amending Takoma Park Code, Personnel Chapter, 4.04.320 Holiday Leave, to Add Juneteenth (June 19) as a Recognized Legal Holiday Mr. Smith moved adoption of the ordinance. Ms. Searcy seconded the motion. The motion carried (VOTING FOR: Stewart, Kovar, Dyballa, Kostiuk, Seamens, Smith, Searcy). Ordinance 2021-41 (attached) 3. First Reading Ordinance Approving Traffic Calming for the 7900 Block of Takoma Avenue Mr. Kovar moved the ordinance. Ms. Kostiuk seconded the motion. The motion carried (VOTING FOR: Stewart, Kovar, Dyballa, Kostiuk, Seamens, Smith, Searcy). First Reading Ordinance 2021-42 (attached) 4. First Reading Ordinance Approving Traffic Calming for Auburn Avenue Ms. Dyballa moved the ordinance. Ms. Searcy seconded the motion. The motion carried (VOTING FOR: Stewart, Kovar, Dyballa, Kostiuk, Seamens, Smith, Searcy). First Reading Ordinance 2021-43 (attached) WORK SESSION 5. Discussion of Committee Member Selection and Appointment Process Councilmembers Kostiuk, Dyballa, and Searcy presented a plan for review of applications using a common set of guidelines. (Presentation attached.) They raised the idea of having a council liaison for each committee to be a point of contact and keep up regularly. The Council procedures subgroup can address the council liaison idea as well. Page 3 of 4 The next steps are to make appointments this month, work on minor changes to the Code with committees as needed, establish an annual review and feedback on committee charges and tasks. Mayor Stewart asked for three volunteers to review committee applications. ADJOURNMENT The Council adjourned for the evening at 8:30 PM. Page 4 of 4  City of Takoma Park, Maryland Mayoral Proclamation Indigenous Peoples' Day WHEREAS, Columbus Day is observed as a federal holiday on the second Monday in October; and WHEREAS, the day recognizes the October 12, 1492 landing of Christopher Columbus on an island in the Caribbean, marking the Europeans’ first intrusion into the Americas; and WHEREAS, this contact began centuries of colonization on lands already settled by Native peoples and exploitation of the America’s resources; and WHEREAS, Indigenous Americans experienced conquest, enslavement, displacement, and disease which decimated the population; and WHEREAS, Takoma Park now sits upon the ancestral homelands of the Nacotchtank, Tauxenent, and Piscataway peoples and indigenous people make their homes in this city today; and WHEREAS, the City Council recognized the second Monday of October as Indigenous Peoples' Day by adopting Resolution 2017-39, re-imagining Columbus Day as an opportunity to celebrate indigenous heritage and resiliency; and WHEREAS, although it is a federal holiday, Columbus Day is not a holiday for City of Takoma Park employees and City government functions and meetings continue on their usual schedule; and WHEREAS, recognizing Indigenous Peoples' Day serves as a reminder to reflect on the Native people, past and present, who have cared for this land over millennia. NOW, THEREFORE, I, KATE STEWART, MAYOR OF THE CITY OF TAKOMA PARK, MARYLAND, on behalf of the City Council, staff, and residents, hereby proclaim October 11, 2021 as Indigenous Peoples' Day in Takoma Park to acknowledge and celebrate the culture and sacrifice of the first people on this land. Proclaimed this 6th day of October, 2021. ________________________________ Kate Stewart Mayor  Introduced by: Councilmember Searcy First Reading: September 29, 2021 Second Reading: October 6, 2021 Effective Date: October 6, 2021 CITY OF TAKOMA PARK, MARYLAND ORDINANCE NO. 2021-40 FY 2022 BUDGET AMENDMENT NO. 2 WHEREAS, the Fiscal Year (FY) 2022 budget was adopted by the City Council on May 19, 2021; and WHEREAS, since this date, certain expenditures originally anticipated to occur during Fiscal Year 2021 were delayed, requiring modification to the Fiscal Year 2022 budget; and new operational needs have arisen that were not accounted for in the Fiscal Year 2022 budget including the receipt of grant funding; and WHEREAS, those budget adjustments are listed in the table below by Department with an explanation for the adjustment and the amount to be adjusted in the Fiscal Year 2022 budget for each funding source; Funding Department/Division Source Account Title Reason for Amendment Amount Stipend to all members of Council - General Government- City Commissions, appointed City boards and Legislative General Fund etc. committees $30,000 General Government Subtotal $30,000 Police-Criminal Life insurance claim and associated Investigation General Fund Fringe Benefits interest $19,933 Addition of police vehicle for Capital Equipment previously approved additional Police General Fund Expenditures officer $65,000 Police Subtotal $84,933 Special Retainage payment for Flower Public Works Revenue Fund Transportation Grant Avenue due from TAP Grant $52,017 Reimbursement for the retainage Special payment for Flower Avenue due Public Works Revenue Fund Transportation Grant from TAP Grant ($52,017) Public Works Subtotal $0 Funds required to supplement the Recreation-Youth July 6th opening versus the original Outreach General Fund Part-Time Salaries opening date of January 2022. $4,275 Funds required to supplement the Recreation-Youth July 6th opening versus the original Outreach General Fund Classes opening date of January 2022. $5,500 1  Funds required to supplement the Recreation-Youth July 6th opening versus the original Outreach General Fund Trips opening date of January 2022. $900 Funds required to supplement the Recreation-Youth July 6th opening versus the original Outreach General Fund Teen Programs opening date of January 2022. $1,500 Funding Department Source Account Title Reason for Amendment Amount Funds required to supplement the Recreation- July 6th opening versus the original Recreation Center General Fund Part-Time Salaries opening date of January 2022. $12,516 Funds required to supplement the Recreation- July 6th opening versus the original Recreation Center General Fund Transportation opening date of January 2022. $2,250 Recreation- Funds required to supplement the Community July 6th opening versus the original Programs General Fund Special Events opening date of January 2022. $5,000 Recreation- Funds required to supplement the Community July 6th opening versus the original Programs General Fund Sports opening date of January 2022. $8,450 Recreation-Before Funds required to supplement the and After School July 6th opening versus the original Program General Fund Part-Time Salaries opening date of January 2022. $2,500 Recreation-Before Funds required to supplement the and After School July 6th opening versus the original Program General Fund Transportation opening date of January 2022. $1,700 Recreation-Before Funds required to supplement the and After School July 6th opening versus the original Program General Fund Trips opening date of January 2022. $2,800 Funds required to supplement the Recreation- July 6th opening versus the original Community Center General Fund Part-Time Salaries opening date of January 2022. $5,000 Funds required to provide for additional classes and workshops for the July 6th opening versus the Recreation- original opening date of January Community Center General Fund Contracts 2022. $21,830 Recreation Subtotal $74,221 Housing & Community Appropriate funds for an obligated Development General Fund Grants -STEAM grantee-Historic Takoma $7,500 Housing & Appropriate funds to supplement Community Community STEAM Grant based on Development General Fund Grants -STEAM Council Resolution $25,000 2  Housing & Community Appropriate funds for fair return Development General Fund Contracts petition consultant $7,000 Housing & Appropriate funds to provide for Community Special outdoor seating and equipment at Development Revenue Fund Streetery MOU Laurel and New Hampshire Ave $45,410 Reimbursement from Streetery MOU Housing & to provide for outdoor seating and Community Special equipment at Laurel and New Development Revenue Fund Streetery MOU Hampshire Ave ($45,410) Funding Department Source Account Title Reason for Amendment Amount Housing & Community Special Safe Routes to Retainage amount to be received Development Revenue Fund School from Lincoln Ave $16,505 Housing & Reimbursement to cover for the Community Special Safe Routes to retainage amount to be received Development Revenue Fund School from Lincoln Ave ($16,505) Housing and Community Development Subtotal $39,500 Reduction of FY22 original budget Special due to additional reimbursement Library Revenue Fund State Grant-Library received in FY21 $116,071 Reduction of FY22 original budget Special due to additional expenditure in Library Revenue Fund State Grant-Library FY21 ($116,071) Library Subtotal $0 Grand Total $228,654 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF TAKOMA PARK, MARYLAND THAT: SECTION 1. The Fiscal Year 2022 Budget is amended as follows: General Fund-Transfers 1. Transfer $50,000 from 5800-40010, Salaries, to account 1160-40010, Salaries, to provide funds for temporary assistance in Human Resources. General Fund – Expenditures 1. Appropriate $30,000 to account 1110-70016, City Commissions, Etc., to provide funds for stipend to all members of City boards and committees. 2. Appropriate $19,933 to account 2400-40200, Fringe Benefits, to provide funds for life insurance claim and associated interest expenses. 3  3. Appropriate $4,275 to account 4200-40015, Part-Time Salaries, to provide funds for salary expenses of Youth Success staff. 4. Appropriate $5,500 to account 4200-71007, Classes, to provide funds for extra expenses due to early opening on July 6th. 5. Appropriate $900 to account 4200-71009, Trips, to provide funds for extra expenses due to early opening on July 6th. 6. Appropriate $1,500 to account 4200-71100, Teen Programs, to provide funds for extra expenses due to early opening on July 6th. 7. Appropriate $12,516 to account 4300-40015, Part-Time Salaries, to provide funds for extra expenses due to early opening on July 6th. 8. Appropriate $2,250 to account 4300-63000, Transportation, to provide funds for extra expenses due to early opening on July 6th. 9. Appropriate $5,000 to account 4400-71005, Special Events, to provide funds for extra expenses due to early opening on July 6th. 10. Appropriate $8,450 to account 4400-71006, Sports, to provide funds for extra expenses due to early opening on July 6th. 11. Appropriate $2,500 to account 4700-40015, Part-Time Salaries, to provide funds for extra expenses due to early opening on July 6th. 12. Appropriate $1,700 to account 4700-63000, Transportation, to provide funds for extra expenses due to early opening on July 6th. 13. Appropriate $2,800 to account 4700-71009, Trips, to provide funds for extra expenses due to early opening on July 6th. 14. Appropriate $5,000 to account 4800-40015, Part-Time Salaries, to provide funds for extra expenses due to early opening on July 6th. 15. Appropriate $21,830 to account 4800-61040, Contracts, to provide funds for extra expenses due to early opening on July 6th. 16. Appropriate $7,500 to account 9000-70015, Grants, to provide funds for grantee in the Historic Takoma. 17. Appropriate $25,000 to account 9000-70015, Grants, to provide funds for Community -STEAM Grants. 18. Appropriate $7,000 to account 5800-61040, Contracts, to provide funds for Fair Return Petition Consultant. 19. Appropriate $65,000 to account 9100-80000, Capital Equipment Expenditure, to provide funds for a new police vehicle for an additional police officer. Special Revenue Fund – Revenues 1. Reduce $116,071.14 to account 0010-33699, State Grant Library, to reduce the original budget due to reimbursement received in FY21. 2. Appropriate $45,410 to account 0010-33636, Streetery MOU, to provide funds for outdoor seating and equipment. 3. Appropriate $16,505 to account 0010-39210, Safe Routes to School, to provide funds for the retainage of Lincoln Avenue project. 4  4. Appropriate $52,017 to account 0010-39160, Transportation Grants, to provide funds for retainage payment of the Flower Avenue project. Special Revenue Fund – Expenditures 1. Reduce $116,071.14 to account 0010-0010-68057, State Grant Library, to reduce the original budget due to expenditures incurred in FY21. 2. Appropriate $44,249.95 to account 0010-0010-71765, Streetery MOU, to provide funds for outdoor seating and equipment. 3. Appropriate $1,160.05 to account 0010-0010-72430, Housing Emergency Assistant, to provide funds for outdoor seating and equipment. 4. Appropriate $16,505 to account 0010-0010-72110, Safe Routes to School, to provide funds for the retainage of Lincoln Avenue project. 5. Appropriate $52,017 to account 0010-0010-68026, Transportation Grants, to provide funds for retainage payment of the Flower Avenue project. SECTION 2. The City’s Capital Improvement Program for FY 2022 shall be amended to reflect the aforementioned changes in the General Fund budget. SECTION 3. This Ordinance shall become effective upon adoption. Adopted this 6th day of October, 2021 by Roll-Call vote as follows: AYE: Stewart, Kovar, Dyballa, Kostiuk, Seamens, Smith, Searcy NAY: None ABSTAIN: None ABSENT: None 5  1 Introduced by: Councilmember Searcy First Reading: September 29, 2021 2 Second Reading: October 6, 2021 3 Effective Date: October 6, 2021 4 5 6 CITY OF TAKOMA PARK, MARYLAND 7 ORDINANCE NO. 2021-41 8 9 RECOGNIZING JUNETEENTH AS AN ANNUAL DAY OF REMEMBRANCE 10 AND A PAID CITY HOLIDAY 11 12 13 WHEREAS, Black people have experienced oppression and suppression since they were stolen 14 from their homes and brought to the United States of America over 400 years ago; 15 and 16 17 WHEREAS the first enslaved Africans were brought as captives to what is now the 18 Commonwealth of Virginia in 1619; and 19 20 WHEREAS, Black people were bought and sold as slave labor for 250 years and suffered 21 unspeakable acts of violence; and 22 23 WHEREAS Black people have endured violent slavery, Jim Crow era laws and lynching, the 24 Civil Rights era, modern day lynching, institutional and systemic racism, and anti- 25 Blackness within their communities and workplaces; and 26 27 WHEREAS for a Black person in this country, navigating life does not come with the same 28 privileges experienced by white people. Everyday tasks may result in a racist 29 interaction; and 30 31 WHEREAS in the workplace, Black staff may experience racism, yet these occurrences can be 32 difficult to substantiate, and Black employees are often forced to seek alternate 33 employment, accept the labels “aggressive” or a “troublemaker”, and endure the 34 racism silently; and 35 36 WHEREAS the Black community has experienced displacement due to gentrification, redlining, 37 gaslighting, career suppression, police brutality, racial profiling, discrimination, 38 and the psychological trauma of these experiences; and 39 40 WHEREAS to demonstrate the Black community is an integral part of our nation and the City 41 of Takoma Park, it is the responsibility of City government to engage in genuine 42 gestures of appreciation of the Black community; and 43 44 WHEREAS it is the charge of elected officials to ensure the physical and emotional safety and 45 the equitable treatment of Black people in the City of Takoma Park as a workforce 46 and community; and Page 1 of 3  1 WHEREAS Black people are faced with the moral and economic conflict of supporting 2 government institutions that have perpetuated systemic racism, at a time the nation 3 is still grieving and outraged over the repeated murders of Black people; and 4 5 WHEREAS June 19th marks a significant opportunity to renew our collective commitment 6 towards healing and dismantling anti-Black racism within the workplace and 7 community. June 19th is Juneteenth, the oldest nationally celebrated 8 commemoration of the ending of slavery in the United States of America; and 9 10 WHEREAS, President Abraham Lincoln first issued the Emancipation Proclamation effective 11 January 1, 1863, freeing the enslaved people in the South and such order was 12 ignored by southern slave owners; and 13 14 WHEREAS, on June 19, 1865, Union soldiers arrived in Galveston, Texas to enforce the 15 president’s order, freeing the enslaved two and a half years after it was first decreed. 16 This day has since come to be known as Juneteenth; and 17 18 WHEREAS, the City Council of Takoma Park, Maryland recognizes the history of racism in our 19 country and how it has led to many current-day disparities in education, job 20 attainment, housing, and healthcare, as well as disproportionate incarceration rates 21 for Black people; and 22 23 WHEREAS, forty-six percent of Takoma Park residents are non-white, and national disparities 24 by race in education, job attainment, income, housing, and healthcare are also 25 reflected in Takoma Park census data; and 26 27 WHEREAS, on June 18, 2021, President Joseph R. Biden proclaimed June 19th as Juneteenth 28 Day of Observance, to celebrate the emancipation of Black Americans and commit 29 to eradicating systematic racism that still undermines our ideals and collective 30 prosperity; and 31 32 WHEREAS, as an initial step the City of Takoma Park formally recognizes and apologizes for 33 the atrocities Black people have suffered in this nation and is committed to restoring 34 trust, deconstructing institutional and systemic racism, and working towards a more 35 just future for the Black community in Takoma Park and the nation; and 36 37 WHEREAS, City staff are encouraged to spend time self-educating on anti-Black racism and the 38 negative impacts of white supremacy with fifty eight percent of City staff 39 identifying as people of color; and 40 41 WHEREAS, City staff and residents are encouraged to support Black-owned businesses and 42 community organizations on Juneteenth. The intention of the day will be to grieve, 43 listen, learn, engage, and heal; and 44 45 WHEREAS, essential employees who work on Juneteenth will receive a deferred holiday; and Page 2 of 3  1 WHEREAS, the City Council encourages the community to participate in anti-Black racism 2 trainings, in collaboration with Black community members, leaders, and voices on 3 workplace culture, public safety, mental health, housing, income inequality, 4 economic development, and prosperity. 5 6 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF TAKOMA 7 PARK, MARYLAND: 8 9 SECTION 1. Title 4, Personnel, Chapter 4.04.320 Holiday Leave, of the Takoma Park Code, is 10 amended to include the following: 11 12 4.04.320 Holiday leave. 13 14 A. The following days shall be recognized as legal holidays for which compensation will be 15 made: 16 17 1. New Year’s Day; 18 2. Martin Luther King, Jr.’s Birthday (January 15, 1986, and every year thereafter). 19 3. Washington’s Birthday (third Monday in February); 20 4. Memorial Day (last Monday in May); 21 5. Juneteenth (June 19) 22 5. 6. Independence Day (July 4); 23 6. 7. Labor Day (first Monday in September); 24 7. 8. Veterans Day (November 11); 25 8. 9. Thanksgiving Day (fourth Thursday in November); 26 9. 10. Friday after Thanksgiving Day (November 24, 1989, and the fourth Friday in November 27 every year thereafter); 28 10. 11. Christmas Eve [1/2 day]; 29 11. 12. Christmas Day. 30 31 32 SECTION 2. This ordinance shall become effective upon adoption. 33 34 Adopted by the Council of the City of Takoma Park, Maryland, by roll-call vote on this 6th day of 35 October, 2021, as follows: 36 37 AYES: Stewart, Kovar, Dyballa, Kostiuk, Seamens, Smith, Searcy 38 NAYS: None 39 ABSENT: None 40 ABSTAIN: None 41 42 Explanatory Note 43 Additions to the existing language of the Takoma Park Code are shown by underlining. 44 Deletions to the existing language of the Takoma Park Code are shown by strikeout. 45 Page 3 of 3 Introduced by: First Reading: Second Reading: Effective Date: CITY OF TAKOMA PARK, MARYLAND ORDINANCE NO. 2021- AUTHORIZING THE INSTALLATION OF TRAFFIC CALMING ON 7900 BLOCK OF TAKOMA AVENUE WHEREAS, in accordance with Takoma Park Code, Section 13.28.010, the Director of Public Works is authorized to place, erect, and maintain upon the public highways of the City such traffic calming devices as the Council may direct at locations designated by the Council or as determined by the City Manager or their designee; and WHEREAS, residents of the 7900 block of Takoma Avenue initiated a traffic calming request for installation of traffic calming on the block in a process that included a petition, community meeting, and a public hearing; and WHEREAS, the City Council has considered the request. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF TAKOMA PARK, MARYLAND THAT: Section 1. Installation of a speed hump and appropriate signage on the 7900 block of Takoma Avenue is authorized. Section 2: This ordinance shall become effective immediately. Adopted this _____ day of ______, 2021 by roll-call vote as follows: AYE: NAY: ABSTAIN: ABSENT: Introduced by: First Reading: Second Reading: Effective Date: CITY OF TAKOMA PARK, MARYLAND ORDINANCE NO. 2021- AUTHORIZING THE INSTALLATION OF TRAFFIC CALMING ON AUBURN AVENUE WHEREAS, in accordance with Takoma Park Code, Section 13.28.010, the Director of Public Works is authorized to place, erect, and maintain upon the public highways of the City such traffic calming devices as the Council may direct at locations designated by the Council or as determined by the City Manager or their designee; and WHEREAS, residents of Auburn Avenue initiated a traffic calming request for installation of traffic calming on the block in a process that included a petition, community meeting, and a public hearing; and WHEREAS, the City Council has considered the request. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF TAKOMA PARK, MARYLAND THAT: Section 1. Installation of two speed humps and appropriate signage on the 700 block of Auburn Avenue is authorized. Section 2: This ordinance shall become effective immediately. Adopted this _____ day of ______, 2021 by roll-call vote as follows: AYE: NAY: ABSTAIN: ABSENT: