Marc Tartaro

Mayor
CITY COUNCIL
WARD 1
Candace B. Hollingsworth
Eric Wingard
WARD 2
David Hiles, Vice President
Shani N. Warner
WARD 3
Matthew D. McKnight, President
Timothy P. Hunt
WARD 4
Paula J. Perry
Carlos Lizanne
WARD 5
Ruth Ann Frazier
Nicole Hinds Molar
POLICE DEPARTMENT
Non-Emergency
301/985-5060
Emergency
301/985-5050
PUBLIC WORKS
301/985-5032
CODE ENFORCEMENT
301/985-5014
October 4, 2011
Open Meetings Compliance Board
Office of the Attorney General
200 Saint Paul Place
Baltimore, Maryland 21202
Dear Open Meetings Compliance Board,
Gregory E. Rose
City Administrator
Pursuant to 10-508 D-3 please find attached from the City of Hyattsville, Maryland a
Closed Session Summary from August 22, 2011, and the suppOliing documentation where
two City Council Members voted against closing the meeting to go into Closed Session. I
have attached the following:
Hyattsville Closed Session Summary from August 22,2011
Hyattsville Official Minutes from August 22, 2011
Hyattsville Official Minutes from September 6, 2011
If you have any questions with the material that has been provided please contact my
office at (301) 985-5009.
Sincerely,
RECREATION & THE ARTS
301/985-5020
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Douglass'-AJ. Barber, CMC
City Clerk
City of Hyattsville
CITY OF HYATTSVILLE
4310 Gallatin Street, Hyattsville, MD 20781 I TeI301/985-5000 I Fax 301/985-5007 I www.hyattsville.org
FORIV! OF STATEMENT FOR CLOSI}.;rG A JvIEETING
Location: 4E)\O \QJ\l,n sheet Date: 1}&} \ 1 _
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Motion By:J2toc\ dJ Seconded By: -r-er!xlLx. QcSi?AJ
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Vote to Close Session:
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STATUTORY AUTHORITY TO CLOSE SESSION
State Government Article 10-508(a):
(1) To discuss:
The appointment: employment, assignment: promotion: discipline.
demotion, compensation, removal, resignation, or perfonnance evaluation
of appointees: employees, or officials over \vhom it has jurisdiction: or
[ ] (ii) Any other personnel matter that affects one or more specific individuals.
TOPICS TO BE DISCUSSED:
REASON FOR CLosIl',J(}:
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3
COUNCIL MEETING OF THE CITY COUNCIL
HYATTSVILLE, MARYLAND
September 6, 20 11
Mayor Marc Tartare called the meeting of the Council to order at 8:04 p.m. at the Municipal
Building, 4310 Gallatin Street, Hyattsville, Maryland.
Present were Mayor Marc Tartaro, Council President Matthew McKnight, Council Vice
President David I-Iiles, Council Members Ruth Ann Frazier, Paula Perry (arrived at 8: 1 a p.m.),
Carlos Lizanne, Nicole Hinds, Timothy Hunt, Candace HollingswOlih and Shani Warner.
Council Member Eric Wingard was absent.
Also present were City Administrator Rose, Chief of Police Holland, City Treasurer Stookey,
Community Development Manager Chandler, Communications Manager! Acting Recreation
and the Art Director Sandel, Administrative Assistant McTague, and City Clerk Barber.
APPROVAL OF THE AGENDA:
Council President McKnight moved that the Mayor and Council approve the agenda of
September 6, 2011, as amended. Council Member Hunt requested that Motion# 171-01-11
(Community Development Employment Contract) be moved from the consent agenda to the
action agenda. The motion passed unanimously.
APPROVAL OF THE MINUTES:
Council President McKnight moved that the Mayor and Council approve the Special
Council Meeting Minutes of April 25, 2011; the Public Hearing Minutes of May 2, 2011;
the Council Meeting Minutes of May 2, 2011 and the Council Work Session/Special
Council Meeting Minutes of May 9, 2011. The motion passed unanimously.
PRESENTATIONS:
Coleen Aistis, Volunteer Coordinator introduced two summer interns from South Korea, Ms.
Yebin Jeong and Ms Aim Junghyun, who are working with the Office of Community
Development and the Office of the Clerk.
Mr. Bill Tierney, Chair of the Human Resources Manager Search Committee provided an
update on the Committee's actions to date including the review of previous Human Resource
Position Descriptions and their recommendations for changes to the proposed Human
Resources position description.
09-06-11 2011- 116
Ms. Karen Falk, of the ETC Institute, presented the City's Resident Satisfaction Survey Report
to the Mayor and Council. Ms. Falk discussed the purpose of the survey, methodology and the
findings. Ms. Falk summarized the survey findings and provided clarifications to the Mayor
and Council on the survey results. Ms. Falk closed by responding to question given by the
Mayor and Council.
PUBLIC COMMENT:
Ms. Lisa Walker, a Ward 2 Resident and Aging in Place Committee member, addressed the
Mayor and Council; she thanked the Council for the approval of the senior volunteer
coordinator position and for staff's work on the position description. Ms. Walker highlighted
the October 1 sl Picnic and Potluck at Magruder Park for seniors and their families. Copies of
the flyer were given to the pUblic.
Mr. Joseph Love, a Ward 3 resident, addressed the Mayor and Council about his freedom of
Information Act request. Mr. Love provided background information about himself and his
request.
Mr. Stuart Eisenberg, a Ward 2 Resident, addressed the Mayor and Council regarding the
Route 1 Market Study information that was provided in their weekly council packets.
CONSENT ITEMS:
Council President McKnight moved the following items as consent: (1) to schedule a
Special Council Meeting for Monday, September 26, 2011 to discuss official city business
(Motion# 163-09-11); (2) to select and approve the following general contracting firms to
participate in the City of Hyattsville's Commercial Facade Improvement Program and
authorize the City Administrator to execute a contract for services with the selected
firms, upon review and approval for legal sufficiency by the City Attorney:
Lewis Contracting
55 Gwynns Mill Court, Owings Mills, Maryland 21117;
Garcete Construction
4321 Baltimore Avenue, Suite 101, Bladensburg, Maryland 20710;
Kinch Construction
PO Box 288, Lothian, Maryland 20711. (Motion# 164-09-11); (3) to approve the
appointment of the following individuals to serve as members of the City of Hyattsville
Commercial Facade Improvement Program Review Panel:
Jim Chandler, Community Development Manager, Chair
Joseph Brewer, Code Enforcement Inspector II
Mark Ferguson, Licensed Architect
Mark J. Mazz, Licensed Architect
The Panel will meet on an as needed basis and will be responsible for the review of
submitted Commercial Facade Improvement applications, including proposed conceptual
design elements, and recommended specific grant award amounts to eligible applicants.
The appointments to the Panel will expire on June 30,2012 (Motion# 165-09-11); (4) to
approve the Mayor's appointment of Council Member Candace B. Hollingsworth to
09-06-11 2011- 117
serve as Council Liaison to the Hyattsville Planning Committee. As liaison, Council
Member Hollingsworth will be responsible to abide by Chapter IV, Article II of the
Hyattsville Charter and Code and specific Council Liaison duties stated in the Committee
Manual. Council Member Hollingsworth's appointment to the Committee will expire on
June 30, 2012 to coincide with the current Planning Committee Members term (Motion#
166-09-11); (5) to authorize a revision to the existing purchase order with Playground
Specialists for new equipment at Burlington Park. (Motion# 167-09-11); (6) to approve the
acceptance, appropriation, and expenditure of $14,774 for the FYll Edward Byrne
Memorial Justice Assistance Grant (JAG) Grant for the Digital Fingerprinting
Technology Project (Motion# 168-09-11); (7) to approve the Position of Coordinator of
Senior Services Class Specification (Motion# 172-09-11). The motion passed unanimously.
ACTION ITEMS:
Council President McKnight moved that the Mayor and City Council amend the FY12
Appropriations and authorize the City Administrator to take the following personnel
action: Execute a new contract with James Chandler, Director of Community and
Economic Development, with: (A.) an annual base salary of seventy-four thousand
dollars ($74,000.00) for the first year of this Contract and an increase of the base salary
by 1.5% on August 22,2012; (B.) On or about November 22,2011, employee shall receive
a retention bonus of two thousand five hundred dollars ($2,500.00). Employee shall also
receive, provided he has an "effective" performance evaluation, a bonus of two thousand
five hundred dollars ($2,500.00) on or about January 22, 2012. If Employee, for reasons
of his own, chooses to leave the employment of the City within one (1) year of the date he
received either bonus, Employee shall pay back such bonus that was received within one
(1) year of the date of termination of employment, to the City within thirty (30) days of
the termination of employment (Motion# 171-09-11). The Mayor and Council discussed the
issue at length. Council Member Hunt noted that a position description has not been developed
and presented to the Mayor and Council. Council Member Hunt moved to table the motion
until a position description is available for review. The Mayor and Council discussed the
issue. Council Member Perry Called the Question. The motion to call the question passed
unanimously. The motion to table the motion failed with Council Members Hinds and Hunt
voting for. The Mayor and Council then voted on the motion as presented. A roll call vote
was taken on the motion. The motion passed with Council Member Hinds voting against.
Council President McKnight moved that the Mayor and Council authorize the purchase
of four (4) police vehicles ($19,986 each for a total of $79,944) from Criswell Automotive
utilizing the state contract with a lease (subject to City Attorney approval) from Real
Lease, Inc. that also includes the FATS and the e-citations equipment and amending the
FY12 Appropriations (Motion# 169-09-11). Mayor Tartaro reviewed with Council the
background information provided for the motion. The motion passed unanimously.
Council President McKnight moved that the Mayor and Council authorize the City
Administrator to execute a contract with Darcars Ford to replace the engine and provide
body repair services for DPW vehicle SWV0880 at a cost not to exceed $18,102.25, upon
09-06-11 2011- 118
review for legal sufficiency by the City Attorney (170-09-11), Mayor Tartaro noted that the
Council has seen this motion previously as a discussion item. The motion passed unanimously.
Council Prcsidcnt McKnight moved that the Mayor and Council close the Council
Meeting of Tuesday, September 6, 2011, to discuss a personnel matter (Motion#162-09-
11). A roll call vote was taken. The motion passed unanimously.
The meeting went to closed session at 10:05 p.m. and did not return to open session.
Respectfully submitted,

Barber, City Clerk
09-06-11 2011- 119
Pursuant to the requirement of Annotated Code of Mmyland State Government Article Section
10-509(c) (2), this statement is included in these minutes:
A closed session oUhe Council oUhe City of Hyattsville was held at 10: lOp. m., Mondav,
August 22, 2011, in the City of Hyattsville Municipal Building, Third Floor Council Chambers.
Present were Mayor Marc Tartaro, Council Vice President David Hiles, Council Members
Ruth Ann Frazier, Paula Perry, Carlos Lizmme (arrived at 8:07 p.m.), Nicole I-Iinds, Timothy
Hunt, Candace Hollingsworth and Shani Warner. Council President Matthew McKnight and
Council Member Eric Wingard were absent.
Also present was City Administrator Rose
On a motion made as jdlmjls by Council Vice President Hiles: Council Vice President Hiles
moved that the Mayor and Council close the Council Meeting of Monday, August 22,
2011, to discuss a personnel matter (Motion#161-08-11). A roll call vote was taken. The
motion passed with Council Member Hunt and Hollingsworth voting against and Council
Member Lizanne abstaining. The authority under which the session was closed was Annotated
Code of Maryland State Government Article Section 10-508(a)(1)(i) - The appointment,
employment, assignment, promotion, discipline, demotion, compensation, removal, resignation,
or pelformance evaluation of appointees, employees, or officials over whom it has jurisdiction.
The purpose of the meeting was to discuss personnel issues. The meeting ended at
approximately 10:45 p.m.
COUNCIL MEETING OF THE CITY COUNCIL
HYATTSVILLE, MARYLAND
August 22, 2011
Mayor Marc Tartaro called the meeting of the Council to order at 8:02 p.m. at the Municipal
Building, 4310 Gallatin Street, Hyattsville, Maryland.
Present were Mayor Marc Tartaro, Council Vice President David Hiles, Council Members
Ruth Ann Frazier, Paula Perry, Carlos Lizanne (arrived at 8:07 p.m.), Nicole Hinds, Timothy
Hunt, Candace Hollingsworth and Shani Warner. Council President Matthew McKnight and
Council Member Eric Wingard were absent.
Also present were City Administrator Rose, Director of Public Works Ryan, City Treasurer
Stookey, Maintenance Operations Supervisor Schmidl and Administrative Assistant Julia
McTague.
APPROVAL OF THE AGENDA:
Council Member Perry moved that the Mayor and Council approve the agenda of August
22,2011, moving Motion# 158-08-11 (Authorization to Execute a Contract with Elaine
Murphy to Provide Legal Research Services) from the Consent Agenda to the Action
Agenda. Council Member Hunt moved to amend the agenda to.remove Motion# 161-08-
11 (Motion to close the meeting) a closed session dealing with personnel matters until our
IT staff has fonvarded the documented correspondence between the Mayor and staff
members. The Mayor and Council discussed the issue at length. Council Member Perry
called the Question. A roll call vote was taken on calling the question. The motion passed
with Council Vice President Hiles, Council Members Perry, Hinds, Hunt, Warner and Mayor
Tartaro voting for and Council Members Frazier and Hollingsworth voting against. Council
Member Lizanne abstained from the vote. The Mayor and Council then voted on the proposed
amendment given by Council Member Hunt. A roll call vote was taken on the Council
Member Hunt's proposed amendment. The amendment failed with Council Vice President
Hiles, Council Members Perry and Warner and Mayor Tartaro voting against and Council
Members Frazier, Hinds, Hunt and Hollingsworth voting for. Council Member Lizanne
abstained from the vote. The Mayor and Council voted on the original motion that included
the amendment given by Council member Perry. A roll call vote was taken. The motion to
approve the Agenda as amended passed unanimously.
PUBLIC COMMENT:
Mr. Marshall, a Ward 3 resident, asked questions about items on the August 22,2011, agenda.
Mr. Marshall complimented the City on the arrows on the 4300 block of Gallatin Street. He
08-22-11 2011- 112
stated that he did not support how the Council has handled themselves at this evening's
meeting.
CONSENT ITEMS:
Council Vice President Hiles moved the following items as consent: (1) to approve the
acceptance of three License Plate Recognition Systems (LPRs) and one stand-alone server
into the City's property inventory and amend the FYll appropriations (Motion# 159-08-
11); (2) to approve a bonus for Julia McTague, City Clerk Administrative Aide II, in the
amount of $6,000 for compensation for assuming the responsibility of oversight of Public
Works construction projects (Motion# 156-08-11); (3) to amend the Magruder Park Field
Improvement Contract between the City of Hyattsville and Charles P. Johnson &
Associates, Inc. (CPJ) for additional surveying services of the playground area adjacent
to the Recreation Center in an amount not to exc::cd $1,296 for a total contract amount of
$41,993, upon review and approval for legal sufficiency by City AttorneyColaresi
(Motion# 157-08-11); (4) to approve the Mayor's appointment of Mr. William F. Tierney,
II, (Ward 2 resident) to chair a search committee for the position of Human Resources
Manager. The term limit for the appointment will begin immediately, and will expire
with the hiring of the Human Resources Manager (Motion# 160-08-11). The motion
passed unanimously.
ACTION ITEM:
Council Member Perry moved that the Mayor and Council authorize the City
Administrator to execute a contract with Elaine Murphy to provide legal research
services in an amount not to exceed $5,000, upon review and approval for legal
sufficiency by the City Attorney (Motion# 158-08-11). Mayor Tartaro provided the
background information on this item. Council Member Perry stated that the Council had
discussed and agreed that Ms. Murphy would not be performing this work at her home but
instead it would take place in the Mayor's Office at 4310 Gallatin Street. The contract needs to
be corrected to state that Ms. Murphy will be performing her legal research at the Municipal
Building. The Mayor and Council discussed and stated that Paragraph #6 of the contract terms
be amended to read "The City will provide an office and computer onsite for access to all City
documents" and strike the rest of the paragraph, upon review and approval of the City
Attorney. With the approval of the motion the Council accepted the amendment to the motion.
The motion passed unanimously.
DISCUSSION ITEMS:
Authorization to Execute a Contract with Darcars Fordfor Engine Replacement and Body
Repair Services for DPW Vehicle SWV0880 at a cost not to exceed $18, 102.25
City Administrator Rose and Maintenance Operations Supervisor Schmidl provided
background on this issue and answered questions of clarification given by the Mayor and
Council.
08-22-11 2011-113
Ca/ritz Project Update -lvlarket Study Scope Interim Final
Mayor Tartaro provided background on this project. Hyattsville CDC President Eisenberg
addressed the Mayor and Council and stated that the most recent version of the Market Study
has been provided to Council. The Market Study Scope has been sent to the Mayor and
Council of the City ofCoUege Park, the Town of University Park and the Town of Riverdale
Park Mayor's and Councils. Mr. Eisenberg responded to questions of clarification. A motion
will come to Council soon to approve the funding for this study.
University Town Center Update
Mayor Tartaro provided background information on the foreclosure sale. More information
will be provided in the next month or as available.
Council Member Lizanne requested information about the cancellation of the 2011
International Festival. The Mayor and Council discussed this issue at length. The Mayor and
Council will need to discuss and provide direction to staff for the 2012 International Festival
Council Vice President Hiles moved that the Mayor and Council close the Council
Meeting of Monday, August 22,2011, to discuss a personnel matter (Motion#161-08-11).
A roll call vote was taken. The motion passed with Council Member Hunt and Hollingsworth
voting against and Council Member Lizanne abstaining.
The meeting went to closed session at 9:52 p.m. and did not return to open session.
Respectfully submitted,
08-22-11 2011- 114
Pursuant to the requirement of Annotated Code of }.;Jmyland State Government Article Section
10-509(c) (2), this statement is included in these minutes:
A closed session ofthe Council o(the City of Hyattsville was held at 10:01 p.m., Mondav,
August 8, 2011, in the City of Hyattsville ]yJunicipal Building, Third Floor Council Chambers.
Present were Mayor Marc Tartaro, Council President Matthew McKnight, Vice President
David I-liles, Council Members Ruth Ann Frazier, Paula Perry, Carlos Lizanne, Nicole Hinds,
Timothy Hunt, Candace Hollingsworth, Shani Warner, Eric Wingard.
Also present were City Administrator Rose, and City Attorney Colaresi.
On a motion made as follows by Council President McKnight: Council President McKnight
moved that the Mayor.and Council close the Special Council Meeting of Monday, August
8, 2011, to discuss personnel matters and to receive legal advice regarding contract
negotiations and potential annexation from the City Attorney (Motion# 155-08-11). A roll
call vote taken on the motion. The motion passed unanimously. The authority under which
the session was closed was Annotated Code of Maryland State Government Article Section 10-
508(a)(7) - To consult with Counsel to obtain legal advice on a legal matter and the
Annotated Code of Maryland State Government Article Section 10-508(a)(l)(i) - The
appointment, employment, assignment, promotion, discipline, demotion, compensation,
removal, resignation, or peliormance evaluation of appointees, employees, or officials over
whom it has jurisdiction. The purpose of the meeting was to discuss pending litigation issues
and personnel issues with the City Attorney. The meeting ended at approximately 10:45 p.m.