Legislation that I have authored, co-sponsored, or moved as of August 3, 2009
Information about vote counts, motion forms and background can be found at www.hyattsville.org
In the Clerk’s Departmental Report and the Council Meeting and Agenda Sections

 

Calendar Year 2009

 

Motion# 145-08-09 I move that the Mayor and City Council authorize the City Administrator to purchase refuse carts from Toter Incorporated, using the Fairfax County Department of Purchasing & supply Management contract, in an amount not to exceed $15,000.00 for the purchase of 300 wheeled refuse carts.

Motion# 141-08-09 I move that the Mayor and Council select and approve the steel stairway component fabrication and erection proposal submitted by Professional Mechanical Services Inc. trading as Optimum Welding Services, at a cost not to exceed $13,850.00 and authorize the City Administrator to execute the proposal, upon the review for legal sufficiency by the City Attorney.

Motion# 140-08-09 I move that the Mayor and Council select and approve the stair enclosure construction proposal submitted by Lendana Construction Company, at a cost not to exceed $15,545.00, and authorize the City Administrator to execute the proposal, upon the review for legal sufficiency by the City Attorney.

Motion# 147-08-09 I move that the Mayor and Council present to Sister Joyce Volpini SND on behalf of the City of Hyattsville a proclamation of appreciation for her dedication and 33 years of service to St Jerome School and to the City of Hyattsville.

Motion# 137-07-09 I move that the Mayor and City Council, upon review and approval for legal sufficiency by the City Attorney, authorize the City Administrator to execute a contract with Slavin Management consultants, for executive recruitment services to fill the position of Public Works Director in an amount not-to-exceed $19,000.

Motion# 136-07-09 I move that the Mayor and City Council approve a contractual Agreement with Motorola and authorize an expenditure of $324,872 for the installation and configuration of 700 MHz radio dispatch consoles and related equipment at the City of Hyattsville Police Department and Prince George’s Hospital Microwave/trunking site.

Motion# 132-07-09 I move that the Mayor and City Council approve, appropriate and authorize expenditure of $70,836 from a FY 09 Recovery Act Edward Byrne Memorial Justice Assistance grant (JAG). The funding will be used to procure eight 700 MHz mobile and seven 700 MHz portable radios and associated hardware.

Motion# 133-07-09 I move that the Mayor and Council accept, appropriate and authorize the expenditure of $18,900 in grant funds awarded by the Maryland Department of the Environment (MDE) under the Statewide Computer Recycling Program. The funds will be used to administer and promote free electronics recycling events for residents of the City of Hyattsville.

Motion# 130-07-09 I move the Mayor and Council authorize the City Administrator following review by the City Attorney for legal sufficiency, to approve the purchase of one (1) Aaladin 42-535 LDV Trailer Mount Self-Contained Pressure Washer, a surface descaling and cleaning unit specifically designed for mobile urban graffiti removal operations, sold by Absolute Pressure Washers, 1702-A Midway Road, Odenton, MD 21113, in an amount not to exceed $12,000, and authorize the expenditure of $1,000 in grant funds and up to $11,000 from Street Maintenance Capital Equipment funds as budgeted.

Motion# 127-07-09 I move the Mayor and City Council authorize the City Administrator to schedule a Council/Staff Retreat to be held on Saturday, September 12, 2009, facilitated by TATC, and extend the current contract to schedule Performance Measurement training for City staff on August 3, 2009 for half of a work day; and, on the same date schedule a report to Council by TATC/Management Partners Inc., regarding the contract deliverable for Performance Measures in an amount not-to-exceed $12,000.

Motion# 122-06-09 I move that the Mayor and Council amend the FY10 Budget by restoring funding to the Public Works Sanitation Division in the appropriate categories of $60,000 the offset being against Community Development contributions, donations, grants/match line item of $60,000.

Motion# 117-06-09 I move the Mayor and City Council amend the Fiscal Year 2010 Budget Ordinance to insert the following language after the 11th paragraph following the budget chart and before the paragraph that identifies the effective date of the ordinance, setting the personnel count and Full-Time Equivalent (FTE) count:

AND BE IT FURTHER ORDAINED, that this budget shall govern the number and type of employment positions to include the number of employees and Full-Time Equivalent (FTE) count for Fiscal Year 2010 and the City of Hyattsville approves and adopts these counts as contained in Exhibit B.

Motion# 115-06-09 I move that the Mayor and City Council authorize the City Administrator to execute an employment contract with Anthony H. Rainey for the position of City Treasurer with an annual salary of $96,000 and specific negotiated terms, reviewed for legal sufficiency by the City’s legal Counsel. The contract runs for a period of 1 year; with a renewal option of one additional year upon the employee attaining an overall annual evaluation rating of effective or better.

Motion# 101-05-09 I move that the Council allow the Mayor to present Council Member Krista Atteberry on behalf of the City of Hyattsville a proclamation of appreciation for her dedication and years of service to the City of Hyattsville.

Motion# 100-05-09 I move that the Council allow the Mayor to present Council Member Mark Matulef on behalf of the City of Hyattsville a proclamation of appreciation for his dedication and years of service to the City of Hyattsville.

Motion# 99-05-09 I move that the Mayor and Council accept the certified election results from the Board of Supervisors of  Elections for the City Election held on Monday, May 4, 2009.. This certification is provided for under Section 4-11 of the Hyattsville City Charter.

Motion# 95-05-09 I move that the Mayor and Council close the Special Council Meeting of May 11, 2009 to discuss the appointment of a City Treasurer and the terms and conditions of the Treasurer’s employment.

Motion# 98-05-09 I move that the Mayor and Council schedule a Special Council Work Session for Thursday, May 21, 2009 at 7:00 for TATC Consultants to discuss Hyattsville’s Efficiency Study.

Motion# 96-05-09 I move that the Mayor and Council accept the petition from the residents of 3508 – 3512 Jefferson Street requesting a designation of residential parking for the area of 3508 – 3512 Jefferson Street.

Motion# 92-05-09 I move that the Council authorize the Mayor to send a letter supporting variance V-24-09 (508 37th Avenue) a request to validate existing conditions and construct a roof over a pre-existing front porch.

Motion# 94-05-09 I move that the Mayor and Council close the Council Meeting of My 5, 2009 to discuss potential litigation with City staff, a personnel matter regarding an employee, as well as to discuss the appointment of a City Treasurer and the terms and conditions of the Treasurer’s employment.

Motion# 90 I move that the Mayor and Council schedule a Public Hearing for Tuesday, May 26, 2009, at 7:30 p.m. to discuss the proposed FY10 Operating and Capital Budget.

Motion# 89 I move that the Mayor and Council schedule a Public Hearing for Tuesday, May 26, 2009, at 7:00 p.m. to discuss and establish the Real Property Tax Rate for FY10.

Motion# 88 I move that the Mayor and Council accept Concil Vice President Anthony Paterson’s resignation of his Council seat effective August 31, 2009. The resignation will be submitted to the City Clerk and forwarded to the Board of supervisors of Elections for the scheduling of a Special Election to fill the vacant Council seat.

Motion# 87 I move that the Mayor and Council accept the petition from the residents of the 5600 Block of 36th Avenue requesting a designation of residential parking for the 5600 Block of 36th Avenue.

Motion# 86-04-09 I move that the Mayor and Council authorize the acceptance of a portable basketball hoop donated by giant Food for use by the Department of Recreation and the Arts youth programs.

Motion# 81-04-09 I move that the Council Authorize the Mayor to communicate to M-NCPPC staff that the City of Hyattsville is in support of DSP-05084, the revised design of the freestanding sign marking the entrance to University Town Center.

Motion# 80-04-09 I move that the Mayor and Council approve a proclamation in observance of National Preservation Month (May 2009), and furthermore express our deep appreciation to the Hyattsville Preservation Association for its work preserving, celebrating, and promoting the City of Hyattsville.

Motion# 79-04-09 I move that the Mayor and City Council, as a Member of the Local Government Insurance Trust (LGIT), vote yea for all of the nominees listed in the April 13, 2009 Ballot for the LGIT Board of Trustees which will be elected for a three year term beginning July 1, 2009.

Motion# 72-04-09 I move the Mayor and Council direct the City Administrator to take the following actions:

1. Procure for use in council chambers and for official business 12 laptop computers conforming to specifications of either the Dell Latitude “productivity package” or D630, with 14.1” screen, 2 GB of RAM minimum, 100 GB hard drive minimum, wireless on motherboard, DVD=/- RW drive, usb mouse, and normal City PC platform configuration of software and licenses;
2. Provide a secure site for Council Members to access Council Packet materials, budget documents, and for web connectivity to the City’s web page for  access to the City Code, Charter, and other legal documents;
3. Contract for sufficient electrical outlets in the Council chamber to accommodate laptop use;
4. Provide a policy and procedures for loan and return of City equipment (CPU with required software and licenses, monitor, printer, cables) to City Council Members upon certification that the equipment will be used solely for official business;
5. Provide a policy and procedures for City Council Members to purchase computer equipment through the City (similar to the employee purchase program);
6. Provide a policy and procedures for City Council Members to requisition or, if not a standard supply for the City, submit for reimbursement for printer paper and printer ink cartridges upon certification that the supplies were for official use;
7. Notify and include the opportunity for Council Members to participate in available staff training on general purpose software, network and e-mail training, and annual computer security training.

Motion# 59-03-09 I move the Mayor and City Council, upon review and approval for legal sufficiency by the City Attorney, authorize the City Administrator to execute a contract with AVRIO group, appropriate and expend an amount not to exceed $410,000 to design and install a turnkey Closed Circuit TV. Camera and Monitoring system and a turnkey Emergency Call box System. Additional costs, not exceed $75,000 for providing electricity to camera, call box and relay sites shall be bid by AVRIO Group or the City, so long as the successful bid for providing electricity is the be bid for such in the current market and verified as such by counsel and staff. Upon such approval by counsel and staff, the AVRIO Group contract may be amended to include such costs not to exceed the $75,00 limit.

Motion# 77-04-09 I move that the Mayor and Council declare May 17, 2009 though y 23, 209 as Public Works eek in the City of Hyattsville.  Further move that the Mayor and Council pass a proclamation in support of this national recognition.

Motion# 76-04-09 I move that the Mayor and Council declare May 10, 2009 through May 16, 2009 as Police Week and May 15, 2009 as Peace Officers’ Memorial day in the City of Hyattsville. Further move that the Mayor and Council pass a proclamation in support of this national recognition.

Motion# 75-04-09 I move that the Mayor and Council declare May 3, 2009 through May 9, 2009 as Municipal Clerks Week in the City of Hyattsville. I further move that the Mayor and Council pass a proclamation in support of this national recognition.

Motion# 66-03-09 I move that the Mayor and Council adopt the budget development calendar for Fiscal Year 2010.

Motion# 69-04-09 I move that the Mayor and Council accept the list of candidates certified by the Board of Supervisors of Elections for the upcoming Biennial City Election to be held on Monday M ay 4, 2009.

Motion# 68-04-09 I  move that the Mayor and Council declare April 24, 2009 as National Arbor Day in the City of Hyattsville. I further move that the Mayor and Council pass a proclamation in support of this national recognition.

Motion# 67-04-09 I move that the Mayor and Council declare April 19, 2009 through April 25, 2009 as National Volunteer Week in the City of Hyattsville. I further move that the Mayor and Council pass a proclamation in support of this national recognition.

___

Motion# 57-03-09 I move that the Mayor and Council close the Council Meeting of March 16, 2009 to discuss annual evaluations of the City Administrator and other legal personnel matters.

Motion# 63-03-09 I move the Mayor and Council schedule a Special Council meeting on Monday, March 23, 2009, and if required, a follow up Special Council meeting on Monday, March 30, 2009, for the purpose of reviewing the City’s Functions and Objectives, and to discuss, establish and adopt budget policies and guidelines, and to also establish a calendar related to budget activities.

Motion# 58-03-09 I move the Mayor and Council declare the equipment listed below as surplus to the needs of the Department of Public Works and that they be disposed of by auction for sale, used in trade or scrapped, as provided for in the City Code and Charter.

Motion# 62-03-09 I move the Mayor and City Council authorize the City Administrator to take the following personnel action: The Director of Public Works resulting from the completion of a 4 year renewable employment contract with the City, and the annual employee evaluation process, will receive a 1% increase in salary, effective May 11, 2009; a new employment contract will be executed with a start daye of May 11, 2009 and an ending date of June 30, 2010.

Motion 53-03-09 I move that the Mayor and Council close the Council Meeting of March 9, 2009, to discuss personnel matters involving the annual evaluations and contracts terms Director of Public Works and City Administrator.

Motion # 56-03-09 I move that the Mayor and Council authorize the City Administrator, upon review and approval for legal sufficiency by Counsel, to execute a
contract with Municipal Group, LLC, located in Upper Marlboro, Maryland, in an amount not-to-exceed $150 per hour or $6000.00 per month, to provide financial advisory consulting services as it relates to development of the City’s FY2010 budget.

Motion 52-03-09 I move that the Mayor and Council close the Council Meeting of March 3, 2009 to discuss personnel matters involving the annual
evaluations and contracts terms Director of Public Works and City Administrator and a personnel matter to be disclosed.

Motion# 51-02-09 I move that the Mayor and Council authorize a 12 month delay, until April 1, 2010, in enforcement of the §68-5 IMPERVIOUS SURFACES ON RESIDENTIAL PROPERTIES. Additionally, Code Enforcement staff shall notify property owners if their properties do not meet the requirements of 68-5; communicate the new compliance date and the requirements of the code; and if possible, provide assistance in determining the amount of impervious surface that must be removed and options for creating pervious surfaces.

Motion# 50-03-09 I move that the Mayor and Council appoint the following Hyattsville residents to the Hyattsville Board of Supervisors of Election
contingent upon Hyattsville Charter Amendment 2009-01, becoming effective on March 31, 2009:
Mr. Alan Mattlage (5600 42nd Avenue), term to expire January 1, 2011, and;
Ms. Greta Mosher (4002 Crittenden Street), term to expire January 1, 2013.
The term of office for the Board of Election Supervisors shall begin on the second Monday in January in the year in which they are appointed and shall run for four (4) years. Members of the Board of Election Supervisors shall be qualified voters of the City and shall not hold or be candidates for an elective office during their term of office in accordance with Article IV, Section C4-2 of the Hyattsville City Charter.

Motion # 49-02-09 I move that the Mayor and Council authorize the City Administrator to take the following personnel actions: The Chief of Police
resulting from completion of the first year of the employment contract with the City, and the completion of the annual employee evaluation process, will receive a bonus of $1,000 and a 1% increase in salary, effective October 31, 2008; the contract will automatically renew through October 31, 2009; The City Clerk resulting from completion of the first year of the employment contract with the City, and the completion of the annual employee evaluation process, will receive a bonus of $2,000 and 2.5% increase in salary, effective October 31, 2008; the contract will automatically renew through October 31, 2009 (note: the City Clerk was recognized by his peers and awarded the Maryland Municipal League City Clerk of the Year Award in 2008).

Motion # 40-02-09 I move that the Mayor and Council adopt Hyattsville Ordinance 2009-05, an ordinance that will amend Article 1 Chapter 105 regarding
Public Way and Sidewalk Area Maintenance and whereby the City Council requires the owner or occupant of any property to keep the adjoining sidewalk free of weeds, debris and obstructions and the areas immediately abutting such sidewalks mowed and free of obstructions (Second Reading).

Motion # 42-02-09 I move that the Mayor and Council authorize the City Administrator to sign a Cost Reimbursement Agreement with the United States
Secret Service / Metro Area Fraud Task Force which agreement has been approved as to legal sufficiency by Counsel; furthermore, that the Mayor and Council accept, appropriate and authorize the expenditure of $10,000.00 in funding, being offered by the United States Secret Service Metro Area Fraud Task Force, for acquisition of equipment and reimbursement of overtime used while investigating Hyattsville City and/or USSS task force cases.

Motion # 31-02-09 I move that the Mayor and Council close the Special Council Meeting of February 9, 2009, to discuss personnel matters involving the annual
evaluations and contract terms for the Director of Public Works, Assistant City Administrator and the City Administrator.

Motion # 37-02-09 I move that the Mayor and Council authorize the City Administrator to negotiate with the consulting firm TATC Consulting, the scope of
services and [an extension] to the current consultant services contract with the City of Hyattsville, or develop a new contract, to provide assistance in the following areas:
Position Control/Headcount Budget Development
Develop Format for Budget Development, Presentation and Memorialization
Program/Line Item Budget Linkage and Development
Develop Format for Budget Development Requiring Linkage of Line Item Detail to Program Area(s)
Capital Budget Development
Develop Format for Capital Budget Development requiring linkage to line Item detail to Program Area(s)
Prepare Recommended Capital Program budget/ Line Item Budget Approach and Associated Processes/Documents for City Use
Performance Measurement Budget Development
Identify appropriate performance Measures for Program Areas
Develop Guidelines on Performance Data Development and Reporting
Develop Draft Performance Report Formats for Continuing Use and Budget Support
Develop Linkage Between Resource Allocation and Performance Reporting
Prepare Recommended Performance Approach and Associated Processes/Document for City Use
The contract for services shall not exceed $20,000.00. The City Administrator in conjunction with the City’s legal counsel will develop and execute the service contract as [a modification] to the existing contract or a new contract for this scope of work. The contract will stipulate timeframes for completion of services to meet the demands of the City’s budget calendar.

Motion # 18-01-09 I move that the Mayor and Council introduce Hyattsville Ordinance 2009-05, an ordinance that will amend Article 1 Chapter 105 regarding Public Way and Sidewalk Area Maintenance and whereby the City Council requires the owner or occupant of any property to keep the adjoining sidewalk free of weeds, debris and obstructions and the areas immediately abutting such sidewalks mowed and free of obstructions.

Motion # 30-02-09 I move that the Mayor and Council adopt Hyattsville Ordinance 2009-04, an ordinance whereby the City Council allows broader access of
qualified voters to absentee voting, clarifying the procedure for handling and counting absentee ballots, setting Tuesday as City Election Day and allowing an advance voting day (Second Reading).

Motion # 38-02-09 I move that the Mayor and Council approve the mayor to prepare and send a letter to the Prince George’s County Fire Department supporting the Hyattsville Volunteer Fire Department request to continue having coverage by professional firefighters.

Motion # 34-02-09 I move that the Mayor and Council schedule a Special Council Meeting for Monday, February 23, 2009, from 7:30 p.m. to 9:30 p.m., to discuss the FY09 Goals and Outputs update and the FY10 Budget.

Motion # 33-02-09 I move that the Mayor and Council approve the Recommendation by the Board of Election Supervisors to select ELECTEC, Inc., to be used as the City of Hyattsville election machine vendor for the Biennial Election to be held on Monday, May 4, 2009, and, pursuant to review by the City Attorney for legal sufficiency, to allow the City Administrator to execute the contract.

Motion# 20-02-09 I move that the Mayor and Council close the Council Meeting of February 2, 2009, to discuss personnel matters involving filling vacant department director positions and contract terms for the positions of Treasurer and Director of Recreation and the Arts and the annual evaluations and contract terms for the Assistant City Administrator and the City Administrator.

Motion# 23-02-09 I move the Mayor and City Council draft a letter to the Prince George’s County Board of Zoning Appeals opposing variance V-118-08, a request to validate existing conditions at 4002 Hamilton Street, as the request does not meet the criteria established by the Council and would be detrimental to the community. Additionally, I move that the City of Hyattsville formally request the County to complete any required deconstruction at no cost to the homeowner. Although the homeowner has not followed the approved plans exactly and has failed to request or receive final inspections, the County’s failure to identify the need for a variance hearing for net lot coverage and side yard setbacks in 2002 has led, in part, to the current situation.

Motion# 22-02-09 I move that the Council authorize the Mayor to send a letter to the Public Service Commission (PSC) in support of the proposed agreement recommended by the Office of the People’s Counsel for the PSC and Verizon.

Motion# 21-02-09 I move that the Mayor and Council introduce Hyattsville Ordinance 2009-03, an Ordinance whereby the City Council officially adopts its seal and the current logos and sets the penalty for unauthorized use of its seal and logos (Second Reading).

Motion# 17-01-09 I move that the Mayor and Council introduce Hyattsville Ordinance 2009-03, an Ordinance whereby the City Council officially adopts its seal and the current logos and sets the penalty for unauthorized use of its seal and logos (First Reading).

Motion # NNA I move to close the Special Council Meeting of January 12, 2009 to discuss a personnel matter involving the authorization of the City Administrator to negotiate terms for the contract for the position of Director of Recreation and the Arts.

Motion# 10-01-09 I move that the Mayor and Council adopt, as emergency legislation, Hyattsville Ordinance 2009-02, which provides for the registration of voters and the appointment of Election Officers and other election matters for the Biennial Election of the City of Hyattsville on May 4, 2009.

Motion# 15-01-09 I move that the Mayor and Council request that Prince George’s County Board of Zoning Appeals delay action on V-118-08 (4002 Hamilton Street) until the first meeting after February 2, 2009 in order for the City to obtain additional information and to act on a motion at the City Council’s February 2, 2009 meeting.

Motion# 13-01-09 I move that the Mayor and Council convene a Public Meeting on Tuesday, February 17, 2009 concerning revisions in the City Code Chapter 114 Traffic and Parking. The purpose of this meeting will be to allow the public to address their comments and concerns to the Council and Mayor regarding the changes to Chapter 114 Traffic and Parking.

Motion# 08-01-09 I move that the Mayor and Council reappoint the following Hyattsville resident to the Hyattsville Board of Supervisors of Elections; Ms. Ana Pineda (4206 Kennedy Street, term to expire March 1, 2013). The term of office for the Board of Election Supervisors shall begin on the first Monday in March in the year in which they are appointed and shall run for four (4) years. Members of the Board of Election Supervisors shall be qualified voters of the City and shall not hold or be candidates for an elective office during their term of office in accordance with Article IV, Section C4-2 of the Hyattsville City Charter.

Motion# 06-01-09 I move that the Mayor and Council adopt Hyattsville Ordinance 2009-01, an Ordinance whereby the City Council repeals Section A125-19 (Cable Television Commission) and Section A125-20 (Basic Service Ras and Charges) of  Hyattsville City Code which deletes all references of the Cable Television Commission (Second Reading).

Motion# 05-01-09 I move that the Council close the Council Meeting of January 5, 2009, to discuss a personnel matter involving the authorization of the City Administrator to negotiate terms of the contract of the City Treasurer position.

Motion# 04-01-09 I move that the Mayor and Council adopt the circulated 2009 City Council Meeting Schedule (subject to revision and change); approving a change to the City Personnel Manual Section III Employee Benefits, 2. Holidays, deleting Columbus Day and adding Veteran’s Day (retaining the same number of City observed paid employee holidays); and selecting January 21, 2009 as the second City Council Meeting for the month of January.

 

Calendar Year 2008

Motion# 217-12-08 I move that the Mayor and Council declare the equipment listed as surplus to the needs of the City and that they be disposed of by auction for sale, used in trade or scrapped, as provided for in the City Code and Charter. Additionally, this motion provides authority for the City Administrator to accept, on behalf of the City of Hyattsville, a donation of fitness equipment from Bally Fitness for use by all City employees.

Motion# 213-12-08 I move that the Mayor and City Council authorize the City Administrator, in consultation with the City Attorney and the Public Works Director, to enter into a Memorandum of Understanding (MOU) with the State Highway Administration (SHA) for the purpose of accepting state reimbursement funding earmarked for the construction of sidewalks in the 4700 to 5300 Blocks of 38th Ave (MD 208) in the amount of $121,340.00 and to approve the expenditure of this amount too NZI Construction, Inc., the State Highway Administration Certified contractor, for the completion of the above referenced that the Mayor and Council, authorize the Mayor to send a letter in support of the Class B Beer and wine license application for  Rhode Island Reds, located at 4700 Rhode Island Avenue construction, or act in any manner related thereto. Additionally, the Mayor and Council authorizes the appropriation of the sum of $121,240.00 as new revenue and matching expenditure for the 38th Avenue sidewalk project as a supplemental budget appropriation to the Department of Public Work’s F 09 budget.

Motion#207-11-08 I move that the Mayor and Council, upon review and approval for legal sufficiency by the City Attorney, authorize the City Administrator to execute a contract with TATC Consulting in an amount not-to-exceed $50,000.00 to conduct a Management and Efficiency Study.

Motion#209-11-08 I move that the Mayor and Council approve the fence variance application submitted by Victoria Boucher & Herb Hille the owners of 4101 Gallatin Street in Ward 2.

Motion#206-11-08 I move that the Council authorize the Mayor to send correspondence to Prince George's County Council opposing the Transfer of Development Rights (TDR) bill (CR-80-2008) unless it is amended to exclude the Developed Tier from the requirement to purchase development rights.

Motion# 203-11-68 I move that the Council schedule a Special Council Work Session for Thursday, November 13, 2008, to discuss the possible acquisition of the BB&T property 3505 Hamilton Street.

Motion# 202-11-08 I move that the Mayor and Council authorize the City Administrator to pursue application and support of Resolution 2008-12 for Community Legacy funds through the State of Maryland Department of Housing and Community Development for the purpose of updating the City of Hyattsville's Community Legacy Revitalization Plan as per the requirements of the Community Legacy program. The application for funding will be a joint application between the City of Hyattsville and the Hyattsville Community Development Corporation (CDC). Resolution 2008-12 is an update to resolution 2008-10, passed by the City Council on October 20, 2008.

Motion#198-11-08 I move that the Council authorize the Mayor to send correspondence to M-NCPPC in support of the redesign of Melrose Park, to include the construction of an approximately 4,750 sq. ft. skate park, a half-basketball court, new landscaping and additional parking and pedestrian improvements as illustrated in the attached plan (Motion # 198-11-08).
Amendment -I move to amend the motion by requesting the Mayor include in the correspondence the sense of the community meeting which was to remove the basketball court at that location. –Tartaro/Dudrow (UN); Amendment –Tierney/Matulef

 

Motion#201-11-08 I move that the Mayor and Council authorize the City Administrator to proceed with creating a new position of Accountant in the Office of the Treasurer, as defined in the accompanying position description and placement on the City's classification table at the grade of 113, with the recommended starting annual salary not to exceed 57,452. The classification for the Senior Account Clerk position remains included in the City's classification table. The Office of the City Treasurer will retain the same number of Full Time Employees and part-time
employees as allocated and funding through the FY 09 budget appropriation.

Motion#196-11-08 I move that the Mayor and Council authorize a public hearing on November 17, 2008, starting at 7:30 p.m. to determine whether the 5800 block of33rd Place shall continue as a designated Residential Parking Permit area.

 

Motion#195-11-08 I move that the Mayor and Council accept, appropriate, and authorize expenditure of funds received in a grant from Target Inc.

Motion#194-11-08 I move that the Mayor and Council accept, appropriate and authorize the Police Department to expend $654,710.00, as stipulated in the grant awarded by the U.S. Department of Justice for Community Oriented Policing Services.

 

Motion# 193-11-08 I move that the Mayor and Council authorize the Mayor to sign on behalf of the City a proclamation of appreciation in observance of Veterans Day (Tuesday, November 11, 2008).

Motion#168-09-08 Adoption of Special Committees, Commissions and Task Forces Policies (2008) I move that the Mayor and Council adopt the Committee policies produced August 1, 2008 with revisions made September 19,2008.

Motion# 181-10-08 I moved to remove Motion # 181-10-08 from the table. The motion passed unanimously. Council Member Perry moved that the Mayor and Council direct the City Administrator, in consultation with the Public Works Director, the City Treasurer and the City Attorney, to enter into a contract with NZI Construction, Inc, 11601 Spruce Ave, Beltsville, MD 20705 for the construction of all curb, gutter, sidewalks, street milling, paving and all other rehabilitation work required, as described in the list of streets contained in the Construction Year 2008 Street Infrastructure Rehabilitation Plan, in accordance with the terms, prices and conditions as set forth in the Prince George's County Government Concrete Replacement and Hot Mix Asphalt Utility Cuts Resurfacing Contract No. 818-H @, in an amount not to exceed $2,300,000, or act in any manner related thereto.

Motion#188-10-08 I move that the Mayor and Council authorize the City Administrator to pursue application, support, and adoption of Hyattsville Resolution 2008-10 and Hyattsville Resolution 2008-11 for Community Legacy funds through the State of Maryland Department of Housing and Community Development for the purpose of updating the City of Hyattsville's Community Legacy Revitalization Plan as per the requirements of the Community Legacy program, and obtaining the necessary supporting coordination activity. The application for funding will be a joint application between the City of Hyattsville and the Hyattsville Community Development Corporation (CDC).

Motion#187-10-08  I move that the Mayor and Council send a letter to the Prince George's County Board of Zoning Appeals which supports the validation of existing conditions on the property known as 5502 4rd Place, and poses "No Objection" to variance V­108-08, providing that the Applicant reduces the length of their existing driveway by 23 feet (253sq ft) to off-set the anticipated increase in lot coverage resulting from the proposed construction

Motion# 183-10-08 I move that the Mayor and Council authorize the Mayor to send correspondence to M-NCPPC in general support of Detailed Site Plan (DSP) -07078 -Adaptive re-use of8,000 sq. ft. existing structure and four story 6,000 sq. feet of new construction. The correspondence should also address SP-070013, a request for the construction of a sidewalk on City ROW and a recommendation, from the applicant, to create one-way vehicular traffic on Church Place, between Farragut Street and Gallatin Street. Correspondence should include the examination of alternative solutions in order to resolve the existing vehicular and pedestrian safety concerns which presently exist on Church Place. The correspondence will also include notification to M-NCPPC that the cost for sidewalk improvements requested by the applicant, including installation and maintenance, must be paid by the applicant, in this case the individual owning the adjacent property, if it varies from the City's concrete sidewalk specifications. Amendment -I move to amend the motion to state that the City supports the detailed site plan (DSP­07078) excluding any indication of support for a sidewalk as drawn and to ask M­NCCPC to withhold any action on SP070013 (Motion # 183-10-08). PattersonlHinds; Amendment -Atteberry/Tierney

Motion# 174-09-08 I move that the Mayor and Council approve the revised position description for the Director of Recreation and the Arts, the new position description for the position of Park Maintenance Worker and authorize the City Administrator to hire a temporary Park Maintenance Worker for the remainder of the current [Fiscal] Year.

Motion#177-10-08 I move that the Mayor and Council declare November 2008 as Municipal Government Works Month in the City of Hyattsville and to further move that the Mayor and Council pass a proclamation in support of this recognition

Motion#178-10-08 I move that the Mayor and Council send a letter posing "No Objection" to the Prince George's County Board of Zoning Appeals for Variance V-I 04-08 (5908 34th Avenue), a request to validate existing conditions on a non-conforming lot in order to obtain a building permit to enclose a pre-existing covered side porch.

Motion#176-10-08 I move that the Mayor and Council adopt Hyattsville Resolution 2008-08, a resolution approving the City's participation in MML Geocache Trail project.

Motion#172-09-08 I move that the Mayor and Council direct City staff to enforce the recently adopted changes to Chapter 90 Peddling and Soliciting as follows: (1) Enforcement shall begin October 15,2008 in all areas of the City with the exception of the area along the southbound 5600 block of Ager Road; (2) Vendors who are currently vending along the southbound 5600 block of Ager Road may continue to do so in this area only until April 1,2009, at which time the new ordinance will be enforced city-wide. The vending may not interfere with traffic or create unsafe conditions, and additional vendors will not be permitted to begin vending in this area.
Amendment -I move to amend the motion by changing the date of implementation so that vendors who are currently vending along the southbound 5600 block of Ager Road may continue to do so in this area only until October 14, 2009, at which time the new ordinance will be enforced city-wide. Lizanne/Matulef (Amendment)

Motion#169-09-08 I move that the Mayor and Council close the Council Meeting of September 15, 2008, to discuss employment contracts of department heads (Motion # 169-09­08). A roll call vote was taken on the motion.

Motion#151-09-08 I move that the Mayor and Council send a request to M-NCPPC to support vacating the portion of Madison Street as described in the May 28, 2008, DeMatha Catholic High School Petition to Vacate Madison Street and for the vacated property to revert to DeMatha Catholic High School, Inc., as they own the adjoining property on both sides of the street

Motion#165-09-08 I move that the Mayor and Council adopt Hyattsville Ordinance 2008-08, an ordinance whereby the City Council reenacts Chapter 90 of the Hyattsville Code, Peddling and Soliciting, to update and clarify the language, setting limits on times and places for street vendors, and to increase the fines for violations (Second Reading)

Motion#164-09-08 I move that the Mayor and Council schedule a Public Meeting for Monday, October 6, 2008, at 7:30 p.m. prior to the Council Meeting to allow residents to ask questions regarding City of Hyattsville Ordinance 2008-07, an ordinance whereby the City Council extends the State Homeowner's Property Tax Credit for low and fixed income homeowners.

Motion# 166-09-08 I move that the Mayor and Council authorize a supplemental appropriation and expenditure of $9,000 to acquire a replacement van for the Hard Entry and Tactics Team. The supplemental funding will be transferred from the existing Federal Confiscated Funds account that has a current balance of approximately $64,000. Expenditure of Federal Confiscated Funds is strictly limited to certain law enforcement uses.

Motion#163-09-08 I move that the Mayor and Council declare the month of October 2008 as Code Compliance Month in the City of Hyattsville. I further move that the Mayor and Council pass a proclamation in support of this national recognition.

Motion#162-09-08 I move that the Mayor and Council to authorize the Mayor to sign on behalf of the City a proclamation in recognition of Hispanic Heritage Month (September 15, 2008, until October 15,2008) (Bilingual Proclamation).

Motion#155-09-08 I move that the Mayor and Council close the Special Council Meeting of September 8, 2008, to discuss an employment contract with a department director.

Motion#112-07-08 I move that the Mayor and City Council approve a change to the Lieutenant pay table such that the grade to grade difference between the Sergeant grade and the lieutenant grade at each step is 15 percent effective January 1, 2008. Furthermore, in conformance with the determination by the city's personnel consultant and the city Attorney that the Lieutenant positions can be exempt according to the FLSA, the City Administrator and Chief of Police are directed to amend the position description to state the position is exempt, and treat the positions a exempt unless the position tasks change and a new review is required.

Motion# 160-09-08 I move that the Mayor and Council authorize the City Administrator to make the following changes to the City's Personnel Manual:

Amend paragraph six (6) in Part (F) of Section VII-Compensation practices that establishes the level of the standard salary increase that employees will receive if they are promoted, from the current language which reads:

"When an employee is promoted to another grade, the new appointment will be made at the comparable salary in the new grade rounded to the next step but in no case less than 1.03 of current salary."

TO:

"When employees are promoted from one grade/rank (old) to another grade/rank (new), they will be placed on the new grade/rank at the lowest step in that grade/rank that yields a salary increase closest to half of the simple grade to grade difference between their old grade/rank and their new grade/rank". The retroactive to January 1,2008, anyone promoted since January 1,2008, is subject to being placed on different step than they are currently on, based on where they would be had the policy been in effect at the time of their promotion, but in no case will their salary be reduced from it's current level (Motion# 160­09-08).

Amendment -I move that the Mayor and Council add the following language to the motion starting with "at their new grade/rank, but in no case less than 1.03 of current salary".

Motion# 144-09-08 Hyattsville Ordinance 2008-07 (re-enacted) I move that the Mayor and Council reconsider Motion # 144-09-08 (Hyattsville Ordinance 2008-07) to void the enactment and to re-enact the same Motion#144-­09-08 (Hyattsville Ordinance 2008-07) to pass as emergency legislation to become effective immediately.

Motion#116-07-08 I move that the Mayor and Council introduce Hyattsville Ordinance 2008-08, an ordinance whereby the City Council reenacts Chapter 90 of the Hyattsville Code, Peddling and Soliciting, to update and clarify the language, setting limits on times and places for street vendors, and to increase the fines for violations (First Reading)

Motion#159-09-08 I move that the Mayor and Council schedule a Special Council Meeting for Monday, September 22, 2008 at 8:00 p.m.

Motion#156-09-08 I move that the Mayor and Council approve the expenditure and purchase of a Model Year 2009 25-cubic yard Self-Contained Tow-Behind leaf vacuum Machine not to exceed $ 28,000.

Motion#158-09-08 I move that the Mayor and Council approve the expenditure and purchase of a Model year 2009 Brush Chipper Machine not to exceed $ 28,500.00

Motion#150-09-08 I move that the Mayor and Council re-appropriate grant funds of CDBG PY 29 awarded and accepted in prior fiscal years, which were unexpended as of June 30, 2008, but still available for expenditure in FY09, and authorize the expenditures of the funds in accordance with the terms of the grant awards.

Motion#149-09-08 I move that the Mayor and Council accept, appropriate, and authorize the expenditure of a $ 17,030 grant award to the City's Police Department by the Governor's Office of Crime Control and Prevention for the acquisition of (5) mobile data terminals (MDT's).

Motion#153-09-08 I move that the Mayor and Council declare the equipment listed below as surplus to the needs of the Department of Public Works and that they be disposed of by auction for sale, used in trade or scrapped, as provided for in the City Code and Charter. One (1) 1990 Chevrolet 2500 % Ton 4x4 Diesel Standard Cab Pickup Truck VIN 1GCGK24J1LE256114 City Designation FM32 One (1) 1991 Chevrolet 3500 1 Ton 4x4 Diesel Crew Cab Pickup Truck VIN 1GCGHV33JOMF306001 City Designation SW61 One (1) 1991 Chevrolet 3500 1 Ton 4x4 Diesel Crew Cab Pickup Truck VIN 1GCHV33JOMF305933 City Designation ST89
One (1) 1993 Chevrolet 2500 ~ Ton 4x4 Diesel Standard Cab Pickup Truck VIN lCGFK.24C7PE238087 City Designation SW36 One (1) 1997 Exmark Laser Lawn Mower Model LZ22KC603 SN 131194 City Designation ST70.

Motion#148-09-08 I move that the Mayor and Council appropriate the expenditure of $ 250, 000 award to the City by Community Legacy funds through the State of Maryland Department of Housing and Community Development for revitalization activities at the building located at 4318 Gallatin Street, Hyattsville, in accordance with the terms of the grant

Motion#145-09-08 I move that the Mayor and Council appropriate the expenditure of a $ 1,500.00 donation by Prince George's County Council-District 2 Delegation. The purpose of the donation is the result of a special appropriations grant for the city's use with the National Night Out Event (Tuesday, August 5, 2008).

Motion#154-09-08 I move that the Mayor and Council accept and authorize the expenditure of a $ 1,500.00 donation by the Target Corporation. The purpose of the donation is for the purchase of materials needed for the Rosa L. Parks Elementary School Kids Guide to Birding.

Motion#1l1-07-08 I move that the Mayor and City Council approve the City's Fiscal Year 2009 Goals and Outputs document with the provided resource allocations.

Motion#138-08-o8 Imoved that the Mayor and City Council authorize the City Administrator to execute a lease with the United States Postal Service (USPS), upon review and approval for legal sufficiency by the City Attorney, for the USPS parking lot located at 4325 Gallatin Street, for a three year lease beginning June 1, 2008, and ending May 31, 2011, for a total of three years at an annual amount of $9,000.00, with a total cost of $27,000.00.

Motion# 143-08-08 I move that the Council authorize the Mayor to send a letter to the Maryland State Highway Administration conveying the City's support for the plan improvements at the intersection at East-West Highway and Queens Chapel Road and to request the Town of University Park convey the same message.

Motion#130-07-08 - I move that the Mayor and Council authorize the City Administrator to hire Department of Public Works Laborer II and temporarily a Laborer I due to the re­-
organization of the Department of Public Works Parks Maintenance Division.

Motion#129-07-08 I move that the Mayor and Council authorize the City Administrator to provide notice to the Director of Recreation and the Arts that the City will not renew the contract that is scheduled to terminate on October 31, 2008.
127-07-08 SUBSTITUTE I move that the Mayor and Council authorize the Mayor and City Administrator to negotiate the authorization for City participation in the County’s CDBG Program.

July 28, 2008 Consent Item:
126-07-08 I move that the Council authorize the Mayor to send correspondence to M-NCPPC in support of Rose and Randy Fletcher’s grant application to the Historic Property Grant Program in order to partially fund necessary restoration to Hitching Post Hill.
End of July 28, 2008 Consent Items.

124-07-08 I move that the Mayor and Council schedule a Public Hearing on the absenteeism of Council Member Douglas Dudrow on August 4, 2008, at 7:30 p.m. prior to the Council Meeting. [Rescheduled to September 8, 2008].

120-07-08B I move that the Mayor and Council fund the website project from previously appropriated funds within the administrative budget line. [While this motion passes the website authorization, Council will have to appropriate funds later in FY09 or endanger the Finance system replacement funded in this line item].

120-07-08 I move that the Mayor and Council, upon review and approval for legal sufficiency by the City Attorney, authorize the City Administrator to execute a contract with Civic Plus to redesign and host the City’s website: Hyattsville.org., in an amount not-to-exceed $50,000.00 and approve $43,000 supplemental budget appropriation of the City’s Unreserved Fund Balance to cover the costs of the contract. [Failed. Only 8 members present. Councilman Lizanne voting no with 8 votes needed for a supplemental appropriation].

July 27, 2008 Consent Items:
114-07-08 I move the Mayor and Council accept the petition of support for sidewalks to be added at major pedestrian access points and paths along the 41st Avenue between Queensbury Road and East-West Highway, Quintana Street approaching Queens Chapel Road, and 41st Place approaching East-West Highway received by the City on July 18, 2008.

121-07-08 I move that the Mayor and Council accept the petition from the residents of 41st Avenue in opposition to the installation of sidewalks on their block received by the City on July 14, 2008.

115-07-08 I move the Mayor and Council authorize City staff to proceed with the application for Maryland Department of Natural Resources Community Park and Playground Grant funds. The funds, if awarded, will be applied to the cost of the purchase of material and installation of a mobility surface at Heurich Park, Hyattsville.
End of July 27, 2008 Consent Items.

July 14, 2008 Consent Items:
101-07-08 I move that the Mayor and Council approve the following items as consent: (1) to accept, appropriate, and authorize the expenditure of a $1,000.00 grant from Prince George’s County Arts Council. The purpose of the grant is for the Hyattsville Artist’s Market. The funds will be used for promotion and publicity for the market.

99-07-08 I move the Mayor and Council declare the following property for “surplus’ so that the property may be offered for public auction and/or otherwise be properly disposed: 1997 Ford Crown Vic 4 Door Sedan (Vin…333), 2000 Ford Crown Vic 4 Door Sedan (Vin…579), 2000 Ford Crown Vic 4 Door Sedan (Vin…578), 1996 Ford Crown Vic 4 Door Sedan (Vin…513), 1996 Ford Crown Vic 4 Door Sedan (Vin…503), 2000 Ford Crown Vic 4 Door Sedan (Vin…577), 2000 Ford Crown Vic 4 Door Sedan (Vin…218), 1990 Acura Legend 2 Door Sedan (Vin…335), 1989 Nissan Maxima 4 Door Sedan (Vin…697) (99-07-08)

100-07-08 I move the Mayor and Council approve a proclamation proclaiming Tuesday, August 5, 2008 as National Night Out in the City of Hyattsville.

102-07-08 I move the Mayor and Council re-appropriate grant funds awarded and accepted in prior fiscal years, which were unexpended as of June 30, 2008, but are still available for expenditure in FY09.

109-07-08 I move the Mayor and Council authorize the City Administrator t enter into a 36 month lease agreement with copier workshop for four copy machines at an annual cost of $16,020 plus maintenance costs. The contract to be reviewed by the City Attorney.

107-07-08 I move the Mayor send a letter to the Board of Zoning Appeals posing “No Objection” to variance V-66-08, a request for permission to validate existing conditions and obtain a building permit for a new driveway in the front yard of the premises known as Lot 12, Block 1, Willis Subdivision, re-subdivision of Northwest Hyattsville Subdivision, being 4008 Nicholson Street, Hyattsville, Prince George’s County, Maryland.

108-07-08 I move the Mayor send a letter to the Board of Zoning Appeals posing “No Objection” to variance V-71-08, a request for permission to construct a driveway in the front yard of the premises known as Lot 24, Block 29, Hyattsville Hills Subdivision, being 5716 39th Avenue, Hyattsville, Prince George’s County, Maryland.

105-07-08 I move the Council approve the Mayor’s appointment of the following residents to the Code Enforcement Committee: Mr. Tom Lopresti, 5221 42nd Place – Ward 2 and Ms. Nina Faye, 4004 Queensbury Road – Ward 3. The appointments will be effective July 15, 2008 and will terminate January 31, 2010.

103-07-08 I move the Mayor and Council schedule a Closed Session for Monday, July 21, 2008 at the close of the Council Meeting of July 21, 2008, to discuss a personnel matter.
End of July 14, 2008 Consent Items.

92-06-08 Salary Table Improvements based on 2008 Study I move that the Mayor and Council approve a four percent increase to the sworn pay table, a one percent increase to the civilian pay table, and a 3.44 percent COLA, as recommended in the 2008 salary study by Clear Management. These increases will be effective July 1, 2008. Furthermore, I move that the Council review the current promotion policy, the step increases, and the grade difference between sergeant and lieutenant and determine by September 30, 2008 whether or not to make any changes. If changes are adopted, the changes would be retroactive to January 1, 2008.

91-06-08 AMENDMENT [Revised language provided by Mayor Gardiner] I move that the Mayor and Council convey concerns regarding the level of staff resources in the Finance Office and authorize the creation of an additional full time position in the Finance Office. The City Council shall identify by August 5th and, through Council action, convey to the City Administrator any additional reporting information desired from the Finance Office. The City Administrator and City Treasurer shall report back to the Council at the first meeting in September 2008, recommendations for all the allocations of this additional resource (title, position description, responsibilities, supervision, etc.) and/or the reallocation of existing staff resources and responsibilities. The City Council will review the recommendation and may accept them or establish an Assistant City treasurer position. The impact to the FY09 Budget is $50,000. Furthermore, the Council affirms the significant value and contribution by the City Treasurer and the Account Clerk, and the intent of this motion is only to provide additional resources to the office.

91-06-08 AMENDMENT I move to amend the motion by moving the Mayor and City Council establish the position of Assistant City Treasurer to be effective January 2, 2009. The position to be a contract hire of the Mayor and City Council to assist in the planning, organization, coordination, direction and review, design of the City financial systems. The incumbent will assist the treasurer in his/her responsibilities for the accounting, controlling, audit, collection and disbursement of all funds of the City, budget development, risk management, reporting requirements and related work as required by the Mayor and Council, Treasurer, and/or City Administrator. The Assistant Treasurer will work under the direction of the Treasurer and City Administrator. The position description is to be submitted to Council for approval by September 15, 2008 and advertisements to be released by September 30, 2008. – Council President Atteberry moved to amend the amendment that expressed the sense of the Council that this agenda item form outlines a very clear and strong position of several members of this body in terms of a direction to go in but that other feedback needs to [be] absorbed and the staff needs to have time to get back to us with their recommendation on the feedback per this evening. (June 2, 2008).

91-06-08 AMENDMENT to add one patrol position for 10 months and to include a patrol vehicle failed.

91-06-08 AMENDMENT added one records clerk position to the Police Department.

60-04-08 Personnel Manual Update I move that the Mayor and Council request this issue (Promotion Process) be referred to the Hyattsville Personnel Committee for review and comment.

59-04-08 Code Enforcement Committee and Marketing Task Force Appointments I move that the Mayor and Council approve the Mayor’s appointment of the following residents to the respective task force/committee. The appointments will be effective April 15, 2008 and will terminate January 31, 2010: Code Enforcement Committee: Elizabeth Payer (Ward 3); and Marketing Task Force (new appointments and re-appointments): Celia Brickerd, (Ward 2 re-appointment); Jessica Wilson, (Ward 3 new appointment); Chris McManes (Ward 2 re-appointment); Alex Miller, (Ward 3 re-appointment); Aiyshen Padilla, (Ward 2 re-appointment); Pat Yinkey, (Ward 2 re-appointment); Miguel Corrigan, (Ward 1 re-appointment); Greg Tindale, (Ward 2 re-appointment); Sharon Edwards, (Ward 1 re-appointment) Rachael Magnuson, (Ward 2 re-appointment).

50-03-08 FY09 Budget Schedule I move that the Mayor and Council adopt the budget schedule for the FY09 budget.

39-03-08 Hyattsville Ordinance 2008-04 (Chapter 65.1 Health and Sanitation Committee) I move that the Mayor and Council adopt Hyattsville Ordinance 2008-04, an Ordinance whereby the City Council deletes all references to the Health and Sanitation Committee and substitutes the Code Enforcement Office for the appropriate duties.

38-03-08 Hyattsville Ordinance 2008-03 (Chapter 4 – Special Committees and City Departments) I move that the Mayor and Council adopt Hyattsville Ordinance 2008-03, an Ordinance whereby the City Council defines the information necessary for the Council to consider the creation of a committee, commission, or task force and further define the obligations regarding the operations of each committee, commission, or task force.

37-03-08 Hyattsville Ordinance 2008-02 (Chapter 14 – Volunteer Fire Department) I move that the Mayor and Council adopt Hyattsville Ordinance 2008-02, an Ordinance whereby the City Council deletes any reference to a City Volunteer Fire Department (Chapter 14 – Volunteer Fire Department).

36-03-08 Hyattsville Charter Amendment Resolution 2008-07 (C2-6.1. Compensation Review Committee) I move that the Mayor and Council adopt Hyattsville Charter Amendment Resolution 2008-07, A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF HYATTSVILLE, MARYLAND, adopted pursuant to the authority of Article XI-E of the Constitution of Maryland and Section 13 of Article 23A of the Annotated Code of Maryland (1957 Edition, as amended), to amend the Charter of the said City, said Charter being a part of the public local laws of Maryland (1963 Edition, as amended), which Article contains in whole or in part the Charter of the City  of Hyattsville, Maryland, whereby the Mayor and City Council make technical changes to the language regarding the Compensation Review Committee to clarity that the Committee makes its recommendations as to all compensation offered the Mayor and Council, rather than only salary.

35-03-08 Hyattsville Charter Amendment Resolution 2008-06 (C5-Article V – Finance) I move that the Mayor and Council adopt Hyattsville Charter Amendment Resolution 2008-06, A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF HYATTSVILLE, MARYLAND, adopted pursuant to the authority of Article XI-E of the Constitution of Maryland and Section 13 of Article 23A of the Annotated Code of Maryland (1957 Edition, as amended), to amend the Charter of the said City, said Charter being a part of the public local laws of Maryland (1963 Edition, as amended), which Article contains in whole or in part the Charter of the City  of Hyattsville, Maryland, whereby the Mayor and City Council delete any reference in the Charter to a Finance Committee.

43-03-08 Acceptance and approval of update to the City of Hyattsville’s Personnel Manual I move that the Mayor and Council authorize the City Administrator to make the following change to the City’s Personnel Manual: Amend the definition of “Probationary Period” which currently reads “…the probationary period is the first twelve months of active duty…” To “…the probationary period shall be a minimum of twelve months (12) of active duty employment…”

40-03-08 Administrative Aide II Position I move that the Mayor and Council authorize that the regular full-time Administrative Aide I (Grade 107) position approved in Motion # 09-01-08 be upgraded to an Administrative Aide II (Grade 109) position so that it is in conformance with the City’s job classification system.

32-02-08 Hyattsville Ordinance 2008-04 (Chapter 65.1 Health and Sanitation Committee) I move that the Mayor and Council introduce Hyattsville Ordinance 2008-04, an Ordinance whereby the City Council deletes all references to the Health and Sanitation Committee and substitutes the Code Enforcement Office for the appropriate duties. (Chapter 65.1 Heath and Sanitation Committee)

31-02-08 Hyattsville Ordinance 2008-03 (Chapter 4 -Special Committees and City Departments) I move that the Mayor and Council introduce Hyattsville Ordinance 2008-03, an Ordinance whereby the City Council defines the information necessary for the Council to consider the creation of a committee, commission, or task force and further define the obligations regarding the operations of each committee, commission, or task force. (Chapter 4 -Special Committees and City Departments)

30-02-08 Hyattsville Ordinance 2008-02 (Chapter 14-Volunteer Fire Department) I move that the Mayor and Council introduce Hyattsville Ordinance 2008-02, an Ordinance whereby the City Council deletes any reference to a City Volunteer Fire Department. (Chapter 14 -Volunteer Fire Department)

29-02-08 Hyattsville Charter Amendment Resolution 2008-07
(C2-6.1. Compensation Review Committee)
I move that the Mayor and Council introduce Hyattsville Charter Amendment Resolution
2008-07, A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF
HYATTSVILLE, MARYLAND, adopted pursuant to the authority of Article XI - E of the
Constitution of Maryland and Section 13 of Article 23A of the Annotated Code of Maryland (1957 Edition, as amended), to amend the Charter of the said City, said Charter being a part of the public local laws of Maryland (1963 Edition, as amended), which Article contains in whole or in part the Charter of the City of Hyattsville, Maryland, whereby the Mayor and City Council make technical changes to the language regarding the Compensation Review Committee to clarify that the Committee makes its recommendations as to all compensation offered the Mayor and Council, rather than only salary. (C2-6.1. Compensation Review Committee)

28-02-08 Hyattsville Charter Amendment Resolution 2008-06 (C5-Article V-Finance) I move that the Mayor and Council introduce Hyattsville Charter Amendment Resolution 2008-06, A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF HYATTSVILLE, MARYLAND, adopted pursuant to the authority of Article XI-E of the Constitution of Maryland and Section 13 of Article 23A of the Annotated Code of Maryland
(1957 Edition, as amended), to amend the Charter of the said City, said Charter being a part of the public local laws of Maryland (1963 Edition, as amended), which Article contains in whole or in part the Charter of the City of Hyattsville, Maryland, whereby the Mayor and City Council delete any reference in the Charter to a Finance Committee. (C5-Article Finance)

24-02-08 (Hyattsville Resolution 2008-05) Establishment of 457 Deferred Comp Plan for FOP
members (BlueLine plan) and approval of amendments to the City's existing ICMA-RC 401 & 457 plans to extend B1ueLine pricing to these plans I move that the Mayor and Council: 1) adopt the attached resolution (Hyattsville Resolution 2008-05) to establish a 457 Deferred Compensation Plan, known as the ICMA-Retirement Corporation (ICMA-RC) Blue Line 457 Deferred Compensation Plan for the City's employees that are members of the Fraternal Order of Police; 2) adopt the attached amendment to Administrative Services Agreement for the City's existing ICMA-RC 401 & 457 Plans which extends the pricing being offered on the new ICMA BlueLine Plan, to these existing Plans; and 3) authorize the City Administrator to sign the agreements on the City’s behalf.

14-02-08 (Hyattsville Resolution 2008-~ Resolution of Support for Arrow Bicycles Neighborhood Business Works Application
I move that the Mayor and Council adopt Hyattsville Resolution 2008-_, a resolution of support for Arrow Bicycles application to the Neighborhood Business Works loan application.

09-01-08 Administration Aide I Position I move that the Mayor and Council 1) authorize the creation of new, regular full-time Administrative Aide position to serve the Assistant City Administrator and City Clerk and 2) authorize the City Administrator to advertise and fill the new position.

03-01 -08 Establishment of new 457 Deferred Compensation for all Police Department Employees (Hyattsville Resolution 2008-0J) I move that the Mayor and Council adopt the attached resolution (Hyattsville Resolution 2008-01) to establish a 457 Deferred Compensation Plan, known as the ICMA-Retirement Corporation (ICMA-RC) Blue Line 457 Deferred Compensation Plan, which is designed specifically for employees of the City's Police Department, and to approve the signing of the ICMA Retirement Corporation Blue Line 457 Deferred Compensation Plan and Trust (Exhibit A); Declaration of Trust of the Vantage Trust Company (Exhibit B); Administrative Services agreement with Local Lodge #119 (Exhibit C); and authorize the City Administrator to sign the Administrative Service Agreement and any other forms necessary to establish and continue in the Plan.

Calendar Year 2007

229-12-07 Proclamation for Ms. Linda Parker I move that the Mayor and Council authorize the Mayor to sign on behalf of the City a proclamation of appreciation to Ms. Linda Parker on her upcoming retirement from the US postal service after 23 years of service.

223-12-07 Declaring December 24, 2007 City Holiday I move that the Mayor and Council declare December 24, 2007 a City Holiday

221-12-07 Proclamation of Appreciation for Dr. Daniel J. McMahon, DeMatha's Principal I move that the Mayor and Council proclaim the City's congratulations to Dr. Daniel J. McMahon, Principal of DeMatha Catholic High School, for his selection by the Washington Post as the recipient of the 2007 Distinguished Educational Leadership Award for Private Schools. Furthermore, the Council requests that staff contact Dr. McMahon to arrange a time during a Council meeting that we may publicly present a City proclamation to him.

209-12-07 Assistant City Administrator Position I move that the Mayor and Council authorize the City Administrator to negotiate an offer of employment (enter into contract negotiations) for the Assistant City Administrator Position.

207-11-07 Chapter 95 Recycling Remitted to Environmental Committee I move that the Mayor and Council remit to the Environmental Committee Chapter 95 -Recycling for revision.

107-05-07 Establishment of Real Property Tax Rate Task Force I move that the Mayor and City Council establish a Tax Task Force, whose mission is to look at the City's projected revenues and expenditures for the upcoming five years (FY09-FY13) and determine if the City's taxes can potentially be reduced. The task force shall look at taxes across the board but focus on tax relief for residents, particularly those having fixed or limited incomes. The Task Force will consist of the Mayor, 2 Council Members, one of which will be liaison to the Council, the City Administrator, the City Treasurer and 4-5 residents to be appointed by the Mayor and confirmed by the City Council. The Task Force will meet no less than monthly and is subject to the Open Meetings requirements and will solicit public comment during its meetings. The Task Force will prepare and present an interim and final report to the Mayor and City Council. The final report shall include recommendations on potential tax adjustments and be presented to the Mayor and Council for their consideration prior to the presentation of the Mayor's Proposed Budget for FY09. The Task Force will sunset June 30, 2008. Council Member Matulef proposed an amendment that would have the interim report presented to the Council by the first meeting of November and the final report by the first meeting in January. Mayor Gardiner asked that the timetable be made when the Committee is created and the appointments have been made for the committee.

105-05-07 Diversified Technologies, Inc. (wiring contract) I move that the Mayor and Council authorize the City Treasurer to pay Diversified Technologies Inc. (DTI) the full amount invoiced ($15,316.36) for upgrades they made to the City’s IT network wiring.
NMN Proposed FY08 Budget I move that the Mayor and Council direct the City Treasurer to amend the proposed “draft” FY08 Budget to reflect the motion (Motion 83-04-07) mode last week regarding special pay and shift differential in the amount not to exceed $115,000 to be taken from the previously allocated funds in the HR Personnel budget for salary enhancements and for performance base pay incentives.

97-05-07 Pavement Management Program Sidewalk Installation Policy I move that the Mayor and Council establish the following policies and procedures regarding installation or reconstruction of sidewalks during the Pavement Management Program:
1. The policy of the City of Hyattsville is that continuous pedestrian sidewalks are important public infrastructure and that sidewalks should ordinarily be installed and maintained on one side of every block of every City-maintained street (two sides where existing), with exception as provided below.
2. Except as specifically authorized by the Mayor and Council, all new construction and reconstruction of public sidewalks shall be paid for by general revenues and not by special assessment of adjacent property owners.
3. Prior to installation of new sidewalk on any street(s), at least 30 days' written notice shall be given to all adjacent property titleholders on both sides of the street and a public meeting scheduled to provide opportunity for public to provide comment regarding installation of sidewalk in the subject location(s).
4. The Mayor and Council may decide by majority vote, based on good reasons including but not limited to the following criteria, to forego installation of sidewalk in a particular location:
a. A majority of the title-holders of properties on the block(s) attest by their signatures on a petition to be received by the City Clerk by the time of the public meeting that they are opposed to the installation of
sidewalk on their block. This criterion must be accompanied by at least one of the following:

1. There is insufficient existing public right of way or easement available for installation of sidewalk and it is infeasible to either voluntarily acquire the necessary easement or to incorporate part of the existing roadway for the sidewalk;
2. The block(s) are not on a through street (this criterion must be accompanied by criterion (a);
3. Construction of a sidewalk would present inordinate engineering challenges or costs;
4. Construction of a sidewalk would entail the loss of significant tree canopy.

5. The City shall make every reasonable effort to find creative solutions to problems cited in #4 before deciding to forego installation of sidewalk.
6. The City shall endeavor to remove or minimize obstacles within new or existing sidewalks to the extent possible without incurring significant additional costs.
7. The City standard for sidewalk width is four feet and all sidewalks below that width shall ordinarily be reconstructed, where feasible according to criteria described above, to conform to the City standard, with the City Council considering the following exceptions:

1. Streets in which Council has previously approved a different width;
2. The routes identified by the City Council, after receiving input from all concerned parties, including the report of the Hyattsville Bike & Pedestrian Safety Committee and the members of the public at a public meeting, which shall be deemed advantageous to have 6 foot width sidewalks except on blocks in which Council shall modify the standard based upon the criteria described in #4;
3. Blocks identified by the Council as having special need or special opportunity for wider sidewalks (e.g., blocks with commercial or other high-traffic frontage or where property owners bear all or part of the cost of installation).
4.  

8. New and reconstructed sidewalks shall be fully compliant with ADA regulations. .
9. The City staff shall apply these policies retroactively to blocks with no sidewalk on either side of the street in areas where roads were recently repaved as part of the City's current Pavement Management Program, including the exceptions noted in #4 and with the additional exception that sidewalks might not be installed on blocks were such installation would entail significant undoing or redoing of work previously performed as part of the Pavement Management Program. The intent is to complete any retroactive installation of sidewalks before the current-re-paving program is completed.
10. Property owners may petition the Council for installation of sidewalks that exceed those provided for by application of the Pavement Management Program sidewalk-policy guidelines; however, Council may require that property owners on the block(s) proposed, if such work is approved, be
Assessed for the cost of the work as provided for under Article VIII of the City Charter. Partial assessment of each property on a block may be required to provide sidewalks were there are unusual costs or difficult engineering requirements. In those instances the City will agree to pay for its share of the costs: work limited to routine sidewalk construction, but not for other required improvements.
I move to amend the motion to add to Item# 4B to state the following: If the curb to-curb footprint is to change by incorporating part of the existing roadway for the sidewalk addition or with expansion then Council's considerations will also take into account the impact on surrounding street traffic patterns. -Currie/Atteberry and Atteberry/Tierney (amendment)

93-05-07 Budget Review and Amendment Process I move that the Mayor and Council adopt the following budget review process, and the requirements and procedures for amendments to the proposed FY08 Budget:

1. Budget Review Process

The Council will review, amend, and provide preliminary approval of the budgets and budget narratives in the following order: Code Enforcement, Recreation, Legislative & Administrative Services, Public Works, and Police.

1. Budget Amendment Process
2. The proposed amendment should be written and identify the department categories affected, the specific amount involved, and clearly indicate the source of any increase in funding (general fund, within a department, or from another department), and the impact of the proposed change on the FY08 Council adopted budget guidelines.
3. Once an amendment is seconded, each member will have an opportunity to speak in favor or against the amendment and if necessary continue discussion by common consent before a vote is taken.
4. Staff will have the opportunity to provide feedback on the proposed amendment prior to a Council vote.
5. At the June 4th meeting, the budget that is introduced for adoption (the Mayor’s Budget with the amendments passed by Council) shall not be subject to amendment.

38-02-07 MML Legislative Priorities Letter of Support I move that the Mayor and Council approve the Mayor sending correspondence supporting proposed legislation, which has been identified by Maryland Municipal League as legislative priorities for 2007. These bills include: HB 676 (&SB34) – Authorizes opt-out municipal electrical aggregation HB 611 (&SB 130) – Provides a higher level of funding from the State Aid for Police Protection from the state to municipalities HB 875 (&SB 423) – Allows local governments to purchase their street lights from utility companies.

33-02-07 Open and Fair Elections – Hyattsville Charter Amendment Resolution 2007-03 (Article IV – Legislation, Nominations and Elections) I move that the Mayor and Council adopt Hyattsville Charter Amendment Resolution 2007-03, A resolution of the Mayor and City Council of the City of Hyattsville, Maryland, adopt pursuant to the authority of Article XI-E of the Constitution of Maryland and Section 13 of Article 23A of the Annotated Code of Maryland (1957 Edition, as amended), to amend the Charter of said City, said Charter being a part of the public laws of Maryland (1963 Edition, as amended), which Article contains in part the Charter of the City of Hyattsville, Maryland, whereby the Mayor and City Council include among the duties of the Board of Supervisors of Elections to make reasonable accommodations for voters with disability.

09-01-07 V-316-06 (4313 Gallatin Street) I move that the Mayor and Council support V-316-06 (4313 Gallatin Street) with “No Objection”, as the request does comply with the City’s policy for “non-conforming lots” and to authorize the Mayor to send a letter of support on behalf of the City to Ms. Anne Carter at the Prince George’s County Board of Zoning Appeals.

05-01-07 Jackson Subdivision I move that the Mayor and Council oppose the application to subdivide residential property located at 5806 – 5810 40th Avenue and that the Mayor would send correspondence taking the City’s position to M-NCPPC prior to their scheduled hearing on January 25, 2007.

13-01-07 Authorized an increase of sworn police officers from 35 to 38 to facilitate the hiring of additional officers prior to the opening of the theater, restaurants, and pub at the University Town Center and the assumption of police services in the University Hills area.

26-02-07 makes absentee ballots available for all eligible voters upon a statement that they will be absent or unavailable to vote on Election Day; specifies the time for emergency absentee ballots; and, requires all campaign materials to have an authority line.

27-02-07 includes among the duties of the Board of Supervisors of Elections to make reasonable accommodations for voters with disability.

29-02-07 makes available on the City’s website a standardized downloadable version of an absentee ballot request form and makes it available as a handout at the city offices.

35-02-07 approves the City’s IT Strategic Plan, creates an Advisory Committee, and named me as Council Liaison.

45-03-07 revises outdated and incorrect information in the City Charter and Code making Technical and conforming changes affecting City Special Departments, Committees, Commissions, and Task Forces. It also standardizes requirements for the establishment of Committees.