Mayor & City Council
Regular MeetingCollege Park, MD · June 9, 2015
Minutes
MINUTES
Regular Meeting of the College Park City Council
Tuesday, June 9, 2015
Council Chambers
7:30 p.m. – 8:01 p.m.
PRESENT: Mayor Fellows; Councilmembers Kabir, Brennan, Dennis, Hew and
Mitchell.
ABSENT: Councilmembers Wojahn, Stullich and Day.
ALSO PRESENT: Joe Nagro, City Manager; Janeen Miller, City Clerk; Bill Gardiner,
Assistant City Manager; Suellen Ferguson, City Attorney; Terry Schum,
Director of Planning; Bob Ryan, Director of Public Services; Cole
Holocker, Student Liaison.
Mayor Fellows opened the Regular Meeting at 7:30 p.m. Councilmember Dennis led the Pledge
of Allegiance.
Minutes: A motion was made by Councilmember Dennis and seconded by Councilmember
Mitchell to adopt the minutes of the May 19, 2015 Special Session and the Regular Meeting of
May 26, 2015. The motion passed 5 – 0 – 0.
Announcements:
Councilmember Kabir thanked everyone who participated in last Saturday’s Sunnyside
Community Clean-up. The North College Park Civic Association will meet this Thursday at
Davis Hall.
Councilmember Brennan said the Berwyn District Civic Association would meet next Thursday,
June 18, at Fealy Hall. On June 19 there will be a free afternoon performance of Chamber
Music for senior residents at The Clarice; this is a partnership between the University of
Maryland and the College Park Youth, Family and Senior Services Department.
Councilmember Dennis said that the Lakeland Civic Association would meet this Thursday at
7:30 p.m. at the College Park Community Center.
Mayor Fellows announced that Mrs. Thelma Lomax was sworn in as a Commissioner of the
College Park Housing Authority earlier tonight.
Amendments to the Agenda: None.
City Manager’s Report: Mr. Nagro reviewed the Council’s summer meeting schedule. At the
next meeting on July 7, there will be a Public Hearing at 7:00 p.m. on the draft 2015-2020
Strategic Plan.
He reviewed the latest conference call with WMATA on the progress of replacing the pedestrian
overpass at the end of Berwyn Road. The structure will be steel and concrete, not precast. The
schedule is not yet known; the engineering and drawings still need to be approved by Metro.
The work will involve 2 or 3 shutdowns of the Metro Green Line. There are still discussions
College Park City Council Meeting Minutes
June 9, 2015
Page 2
with CSX about replacing the overpass on the other side over the CSX tracks, but that would
involve additional shut downs. The next conference call is June 19.
Mr. Nagro reviewed the changes to the refuse/recycling schedule that are effective next week.
Student Liaison’s Report: Mr. Holocker said Summer Session #1 is underway, and
congratulated the Terps Baseball Team on their post-season run.
Comments From The Audience on Non-Agenda Items:
Dave Milligan, 4902 Iroquois Street: Mr. Milligan noted that he knows the person appearing
on tonight’s episode of “Hell’s Kitchen” who are friends of their family.
Anne Martens, University of Maryland: She attended the International Town Gown
Association conference last week and announced that Councilmember Denise Mitchell has been
appointed to the Board of this international association for the next three years.
CONSENT AGENDA
A motion was made by Councilmember Dennis and seconded by Councilmember Mitchell
to adopt the consent agenda, which consisted of the following items:
15-G-67 Award of FY 2015 Fire Department Grants as follows: 1) College Park
Volunteer Fire Department, Inc., apply toward purchase of CPVFD-owned
and controlled ladder truck - $15,000; 2) Branchville Volunteer Fire
Company & Rescue Squad, Inc., apply to debt service on 2010 Pierce
Pumper E-111 - $15,000; 3) Berwyn Heights Volunteer Fire Department &
Rescue Squad, Inc., Use to supplement a deposit on a new Rescue Squad
vehicle and related equipment - $15,000. The total of the three awards is
$45,000 which is funded in C.I.P. project 012006, account 25-40.
15-G-68 Award of FY 2015 Community Services Grants as follows: 1) The National
Museum of Language, Inc., for Language camp and events - $2,500;
2) Lakeland Community Heritage Project, for Lakeland Heritage weekend -
$2,500; 3) American Legion Auxiliary, College Park Unit 217 for
Scholarships for Miss College Park pageant participants - $2,500;
4) Pregnancy Aid Centers, Inc. for Food Pantry Program - $2,500; 5) College
Park Woods Swim Club for Senior Summer Day Camp - $2,500; 6) Embry
Center for Family Life for Lakeland All-Stars Basketball Program - $2,500;
7) College Park Center for Faith & Community for College Park Community
Library - $2,000; 8) B-Roll Media & Arts Inc. for Photography, audio
engineering classes for students - $1,500. The total of the grant awards is
$18,500, which is funded in the FY 2015 Operating Budget in account
1010.25-20.
15-G-69 Motion to voice no objection to the transfer of a Class B (BH), Beer, Wine
and Liquor License for the use of Sri Sai Baba, LLC t/a RASOI Restaurant,
8601 Baltimore Avenue, College Park, subject to the applicant entering into a
Property Use Agreement with the City of College Park in substantially the
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June 9, 2015
Page 3
form as attached, authorization for the City Manager to sign the PUA, and
for the City to send a letter to the BOLC stating the City’s position.
The motion passed 5 – 0 – 0.
ACTION ITEMS:
15-G-70 Approval of a letter in response to the letter dated May 18, 2015 from the
State Highway Administration regarding City funding of US Route 1 utility
undergrounding
Mayor Fellows directed Council’s attention to a revised draft letter in the red folders that reflects
recent developments based on discussions with SHA.
A motion was made by Councilmember Brennan and seconded by Councilmember Dennis
to send the revised letter to the State Highway Administration regarding undergrounding
of utilities on US Route 1.
Councilmember Brennan read the revised draft.
There were no comments from the audience.
Councilmember Mitchell said the SHA deadline was June 8 and she is concerned about financial
consequences. Are we going to state our concerns about the money we have spent so far?
Mayor Fellows said we were given more time, until the end of this week. He believes this letter
will be received in a positive fashion so there should be no consequences.
Councilmember Kabir said this revision is different from the draft they discussed last week and
he is disappointed not to have seen it earlier. This letter talks about a May 28 meeting but we
didn’t hear about it at the last Worksession.
Mayor Fellows said that at the May 28 meeting Sen. Rosapepe said he would pursue discussions
to identify potential funding sources, but we did not know the results of those discussions until
late last week, which is what informed the revisions to the letter. Simultaneously, staff began a
parcel-by-parcel review of the project. SHA will attend the August 5 Worksession to present the
newest design. This letter is requesting more time, and Council will have an opportunity to
weigh-in in July.
Councilmember Kabir asked staff if the SHA has stopped working on the design. Ms. Schum
said yes, they have gone as far as they can go for now, without engaging the utility companies.
Councilmember Kabir is concerned about the amount of money that has been spent so far. There
is no point in spending more if it’s not going to happen.
The motion passed 5 – 0 – 0.
COUNCIL COMMENTS: None.
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June 9, 2015
Page 4
COMMENTS FROM THE AUDIENCE: None.
ADJOURN: A motion was made by Councilmember Dennis and seconded by Councilmember
Mitchell to adjourn the regular meeting. Mayor Fellows announced that Council would
reconvene in a Worksession to meet with the Chair of the Citizens Corps Council. With a vote
of 5 – 0 – 0, Mayor Fellows adjourned the regular meeting at 8:01 p.m.
____________________________________________
Janeen S. Miller, CMC Date
City Clerk Approved
Pursuant To §3-103 of the General Provisions Article of the Maryland Annotated Code, the
Mayor and City Council met in Administrative Function session from 7:00 p.m. – 9:49 p.m. on
Wednesday, June 3, 2015 in the Council Chambers of City Hall. Present at this meeting were:
Mayor Fellows, Councilmembers Mitchell, Day, Dennis, Kabir, Wojahn, Brennan and Hew.
Also in attendance was Jim Mercer, the Executive Search Consultant who is conducting the City
Manager search.
Agenda
TUESDAY, JUNE 9, 2015
CITY OF COLLEGE PARK
COUNCIL CHAMBERS
7:30 P.M.
MAYOR AND COUNCIL MEETING
AGENDA
(There will be a Worksession following the Regular Meeting)
MEDITATION
PLEDGE OF ALLEGIANCE:
ROLL CALL
MINUTES: May 19, 2015 Special Session; May 26, 2015 Regular Meeting
ANNOUNCEMENTS
ACKNOWLEDGMENT OF DIGNITARIES
ACKNOWLEDGMENT OF NEWLY APPOINTED BOARD AND COMMITTEE MEMBERS
AWARDS
PROCLAMATIONS
AMENDMENTS TO THE AGENDA
CITY MANAGER’S REPORT: Joe Nagro
STUDENT LIAISON’S REPORT: Cole Holocker
COMMENTS FROM THE AUDIENCE ON NON-AGENDA ITEMS
PRESENTATIONS
CONSENT AGENDA
15-G-67 Award of FY 2015 Fire Department Grants as follows: 1) College Motion By:
Park Volunteer Fire Department, Inc., apply toward purchase of To: Approve
CPVFD-owned and controlled ladder truck - $15,000; 2) Branchville Second:
Aye: ____
Volunteer Fire Company & Rescue Squad, Inc., apply to debt service Nay: ____
on 2010 Pierce Pumper E-111 - $15,000; 3) Berwyn Heights Other: _____
Volunteer Fire Department & Rescue Squad, Inc., Use to supplement
a deposit on a new Rescue Squad vehicle and related equipment -
$15,000. The total of the three awards is $45,000 which is funded in
C.I.P. project 012006, account 25-40.
15-G-68 Award of FY 2015 Community Services Grants as follows:
1) The National Museum of Language, Inc., for Language camp and
events - $2,500; 2) Lakeland Community Heritage Project, for
Lakeland Heritage weekend - $2,500; 3) American Legion Auxiliary,
College Park Unit 217 for Scholarships for Miss College Park pageant
participants - $2,500; 4) Pregnancy Aid Centers, Inc. for Food Pantry
Program - $2,500; 5) College Park Woods Swim Club for Senior
Summer Day Camp - $2,500; 6) Embry Center for Family Life for
Lakeland All-Stars Basketball Program - $2,500; 7) College Park
Center for Faith & Community for College Park Community Library -
$2,000; 8) B-Roll Media & Arts Inc. for Photography, audio
engineering classes for students - $1,500. The total of the grant
awards is $18,500, which is funded in the FY 2015 Operating Budget
in account 1010.25-20.
15-G-69 Motion to voice no objection to the transfer of a Class B (BH), Beer,
Wine and Liquor License for the use of Sri Sai Baba, LLC t/a RASOI
Restaurant, 8601 Baltimore Avenue, College Park, subject to the
applicant entering into a Property Use Agreement with the City of
College Park in substantially the form as attached, authorization for
the City Manager to sign the PUA, and for the City to send a letter to
the BOLC stating the City’s position.
ACTION ITEMS
15-G-70 Approval of a letter in response to the letter dated May 18, 2015 Motion By:
from the State Highway Administration regarding City funding of To: Approve
US Route 1 utility undergrounding Second:
Aye: ____ Nay: ____
Other: _____
COUNCIL COMMENTS
COMMENTS FROM THE AUDIENCE
ADJOURN
WORKSESSION
1. Board and Committee Discussion with Citizens Corps Council on their charge and
mission
INFORMATION/STATUS REPORTS (For Council Review)
None.
This agenda is subject to change. For the most current information, please contact the City Clerk. In accordance
with the Americans with Disabilities Act, if you need special assistance, please contact the City Clerk’s Office
and describe the assistance that is necessary.
City Clerk’s Office: 240-487-3501
MINUTES
MINUTES
Special Session of the College Park City Council
Tuesday, May 19, 2015
Council Chambers
9:45 p.m. – 10:00 p.m.
PRESENT: Mayor Fellows; Councilmembers Kabir, Wojahn, Brennan, Dennis,
Stullich, Day, Hew and Mitchell.
ABSENT: None.
ALSO PRESENT: Joe Nagro, City Manager; Janeen Miller, City Clerk; Bill Gardiner,
Assistant City Manager; Suellen Ferguson, City Attorney; Bob Ryan,
Director of Public Services; Terry Schum, Director of Planning; Cole
Holocker, Student Liaison.
During a regularly scheduled Worksession of the College Park City Council, a motion was made
by Councilmember Wojahn and seconded by Councilmember Kabir to enter into a Special
Session. The possibility of the Special Session was listed on the Worksession agenda. The
motion passed 8 – 0 – 0 and the Council entered Special Session at 9:45 p.m.
ACTION ITEMS
15-G-56 Request for use of Duvall Field Restrooms for a nearby private event
This is coming back from last week’s meeting. Mr. Ryan reported that there will be no cost to
the City for opening/closing or cleaning the restrooms. Ms. Lazur reported that her homeowner
insurance company has agreed to extend her coverage to include the restroom and the park and
she provided a copy of the Certificate of Insurance. Ms. Lazur is willing to sign a Hold
Harmless agreement provided by the City Attorney.
A motion was made by Councilmember Wojahn and seconded by Councilmember Kabir to
grant the request for use of the Duvall Field restrooms for a nearby private event.
There were no comments from the audience.
The motion passed 8 – 0 – 0.
15-G-60 Approval of a Letter to the Washington Suburban Sanitary Commission
expressing concerns about the performance of one of their contractors
A motion was made by Councilmember Stullich and seconded by Councilmember Day that
the Council authorize the Mayor to sign a letter expressing the City’s significant concerns
regarding public safety and the integrity of certain City streets due to the inferior work
performed on WSSC contract BR5514A13 by Horton and Barber.
Councilmember Stullich said this work started in the spring of 2014. The City has been waiting
for a long time for the WSSC contractor to correct their substandard work. It is a public safety
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May 19, 2015
Page 2
concern. We understand that the contractor is in bankruptcy and WSSC is having a hard time
getting out of the contract.
Ms. Ferguson said the WSSC hearing is scheduled for June 18, where they will ask the
bankruptcy judge to allow for the ouster of this contractor. She believes it will be helpful to
WSSC to have this letter from the City. City Engineer Steve Halpern has been subpoenaed to
testify.
There were no comments from the audience.
The motion passed 8 – 0 – 0.
15-G-59 Approval of a Letter to the Maryland Department of Business and Economic
Development expressing the City’s support of the University of Maryland’s
application to be a Qualified Institution under the Maryland Regional
Institution Strategic Enterprise (RISE) Zone program.
A motion was made by Councilmember Wojahn and seconded by Councilmember Day
that the Council authorize the Mayor to sign the attached letter expressing the City’s
support of the University of Maryland’s application to be a Qualified Institution for
purposes of the Maryland Regional Institution Strategic Enterprise (RISE) Zone program.
Councilmember Wojahn said the RISE Zone program was created in 2014 to maximize
institutional assets and encourage investment and job creation near universities and other
institutions that have a strong history and commitment to economic development and
revitalization in their communities. Qualified Institutions and local governments develop a
strategy to use the institutional assets and financial incentives to attract businesses and create
jobs within the zone. The designation of a RISE Zone first requires that an institution submit an
application to become a Qualified Institution. The application should show the institution’s
intent to make significant financial investments and use its resources and expertise to spur
economic development and community revitalization. Once an institution is designated a
Qualified Institution, it may submit an application with the local governments to have a RISE
Zone designated.
There were no comments from the audience.
Councilmember Kabir said a resident had a question about the tax implications.
Mr. Gardiner said the approval of a RISE Zone is a two-step process. First, the University
applies to be “deemed eligible”, which is what is before Council tonight. If the institution is
deemed to be eligible by the state, they would submit an application. If that application includes
tax credits from the City or the County, then the City or the County have to be part of that
application and approve the application. By state law, the minimum tax credit a commercial
property could receive is 50% on the increased value the first year and at least 10% of the
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May 19, 2015
Page 3
increased value for each of the following four years. That application will come back to Council
for support. The tax credit could be extended if approved by Council.
Student Liaison Holocker talked about the local benefits of the Innovation District project
including jobs, redevelopment and traffic improvements. This is an exciting opportunity to get
involved in a state program.
Councilmember Wojahn asked when the application itself would be provided. Mr. Gardiner said
the applications cannot be submitted prior to July 1; this first step is simply a request to be
deemed eligible. Councilmember Wojahn wanted to see the details of their “intent to make a
significant financial investment.” Mr. Gardiner said we can request that.
Councilmember Mitchell clarified that tonight’s approval is just for the letter of support that the
University be deemed a qualified institution for purposes of the state RISE Zone. Mr. Gardiner
agreed and said step 2 – to actually create the RISE Zone – will come back to Council.
Mr. Holocker said this isn’t a blanket approval for the University to go develop land without
approval of the City.
The motion passed 6 – 0 –2 (Mitchell and Kabir abstained).
ADJOURN: A motion was made by Councilmember Dennis and seconded by Councilmember
Brennan to adjourn the Special Session. With a vote of 8 – 0 – 0, Mayor Fellows adjourned the
Special Session at 10:00 p.m.
____________________________________________
Janeen S. Miller, CMC Date
City Clerk Approved
MINUTES
Regular Meeting of the College Park City Council
Tuesday, May 26, 2015
Council Chambers
7:30 p.m. – 9:33 p.m.
PRESENT: Mayor Fellows; Councilmembers Kabir, Wojahn, Brennan, Dennis,
Stullich (arrived at 7:37 p.m.), Day, Hew and Mitchell.
ABSENT: None.
ALSO PRESENT: Joe Nagro, City Manager; Janeen Miller, City Clerk; Bill Gardiner,
Assistant City Manager; Suellen Ferguson, City Attorney; Steve Groh,
Director of Finance; Terry Schum, Director of Planning; Bob Ryan,
Director of Public Services; Peggy Higgins, Director of Youth, Family and
Senor Services; Cole Holocker, Student Liaison.
Mayor Fellows opened the Regular Meeting at 7:30 p.m. Councilmember Dennis led the Pledge
of Allegiance.
Minutes: A motion was made by Councilmember Dennis and seconded by Councilmember
Brennan to adopt the minutes of the Public Hearing on May 12, 2015 on the FY 2016 Budget
and the Regular Meeting of May 12, 2015. The motion passed 7 – 0 – 0.
Announcements:
Councilmember Mitchell discussed today’s Special Olympics Torch Relay segment sponsored
by the City of College Park.
Councilmember Wojahn announced the next “Live Smart, Eat Local” event will be held at
Hanami Japanese Restaurant on June 22 with guest speaker, Dr. Kevin Maxwell.
Councilmember Kabir said that there will be a community clean-up in the Sunnyside
neighborhood on Saturday, June 6. Meet at 8:30 a.m. at the skate park.
Councilmember Day congratulated the graduating class of Parkdale High School which included
his son.
Mayor Fellows congratulated the University of Maryland Women’s lacrosse team on winning the
championship, and the Men’s lacrosse team, who are the runners-up.
Proclamations: Mayor Fellows read the proclamation in recognition of Hollywood Elementary
School Principal Barbara Caskey upon her retirement.
[Councilmember Stullich arrived.]
Amendments to the Agenda: Item 15-G-61 was moved to the Consent Agenda.
City Manager’s Report: Mr. Nagro announced the M-NCPPC Trails Master Plan Open House
which will occur on June 10 from 6 – 8 p.m. He reminded everyone that free Saturday parking
in the downtown parking garage begins this weekend. The Aging-In-Place survey will run in the
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May 26, 2015
Page 2
June 11 Municipal Scene. He discussed the June 3 Administrative Session with Mr. Mercer,
who is conducting the City Manager search.
Student Liaison’s Report: Mr. Holocker reported on end-of-semester matters and
congratulated the Women’s and Men’s lacrosse teams on their seasons.
Presentations:
Mayor Fellows recognized the Outstanding Essayists in the Maryland Municipal League “If I
Were Mayor, I Would…” Essay Contest: D’Airra Wyatt of Berwyn Christian School – MML
Semi-Finalist; Abe Cutler of Holy Redeemer – MML Semi-Finalist; Zahra Shamrez – Al Huda
School Winner; Haneef Ali Rodriguez – Al Huda School Winner; Yolanda Sukhu – Berwyn
Christian School Winner; Trent Badrak – Holy Redeemer School Winner; Yakeen Alzarough –
Paint Branch Elementary School Winner; Ashley Thompson – Hollywood Elementary School
Winner. Each fourth grade student read their outstanding essay, received a certificate, and took
pictures with the Mayor.
Mayor Fellows presented the “Key to the City” to Barbara Caskey, who is retiring as principal of
Hollywood Elementary School, and spoke about her many achievements. Several students and
Hollywood staff also made remarks. Mrs. Caskey thanked the City and commented on her
career.
CONSENT AGENDA
A motion was made by Councilmember Mitchell and seconded by Councilmember Wojahn
to adopt the consent agenda, which consisted of the following item:
15-G-61 Motion to voice no objection to the application for a new Class B, (BLX)
Beer, Wine and Liquor License for the use of Nando’s of College Park, LLC
t/a Nando’s Peri Peri, 7400 Baltimore Avenue, College Park, subject to the
applicant entering into a Property Use Agreement with the City in
substantially the form as attached, authorization for the City Manager to
sign the PUA, and for staff to testify at the BOLC hearing.
The motion passed 8 – 0 – 0.
[Council took a five minute recess.]
ACTION ITEMS:
15-O-03 Adoption of Ordinance 15-O-03, an Ordinance of the Mayor and Council of
the City of College Park, Maryland to Adopt the Fiscal Year 2016 Operating
and Capital Budget of the City of College Park, Maryland
A motion was made by Councilmember Mitchell and seconded by Councilmember
Brennan to adopt Ordinance 15-O-03, An Ordinance Of The Mayor And Council Of The
City Of College Park, Maryland To Adopt The Fiscal Year 2016 Operating And Capital
Budget Of The City Of College Park, Maryland.
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May 26, 2015
Page 3
Councilmember Mitchell said the budget Ordinance was introduced on April 28th and a public
hearing was held on May 12th. The Ordinance reflects the combination of the FY 2016 City
Manager’s requested budget and budget changes made by Mayor and Council during budget
Worksessions. Total General Fund revenues of $16,317,988 include operating revenues of
$16,060,596 and an interfund transfer from the Parking Debt Service Fund of $257,392. Total
General Fund expenditures are $16,317,988. In the Parking Debt Service Fund, total revenues
are $250,000 and total expenditures are $257,392. There will be no change in property tax rates,
fines or fees. The tax rates for real and personal property tax will be set at 33.5 and 83.8 cents
per $100 of assessed valuation, respectively. The total 5-year Capital Improvement Program is
$48,679,358. By adoption of this Ordinance, the FY 2016 Pavement Management Plan and Pay
Plan are hereby adopted. Also, by adoption of this Ordinance, the City includes its employees in
the Reformed Contributory Pension Plan of the Maryland State Retirement and Pension System
(MSRP) and authorizes payment of retirement benefits into the said pension system, on the
terms and conditions set forth in State law. The budget ordinance will be effective July 1, 2015.
Councilmember Wojahn said he received a request for funds for the Citizens Corps Council
CERT program. He asked staff to work with Mr. Kobrias to see what can be accommodated
with existing funds. Mr. Groh said there are funds budgeted in Public Safety.
Councilmember Kabir discussed the low balance of the City’s undesignated reserve fund – it
will be about 17% which is lower than the 25% mandated in the Charter – and cautioned against
unnecessary spending. Mr. Groh responded that there is one large item – the purchase of prior
service for the Maryland State Retirement – which we will repay to ourselves at a rate of
$250,000 per year. In addition, FY 2015 budget surplus will be returned to the reserve fund on
June 30 at the end of the fiscal year. So the City can come out of that hole very quickly.
The motion passed 8 – 0 – 0.
15-R-04 Adoption of 15-R-04, A Resolution Regarding Tax-Exempt Parking Garage
Refunding Bond Of 2015
A motion was made by Councilmember Mitchell and seconded by Councilmember Kabir to
adopt Resolution 15-R-04, A Resolution Of The Mayor And Council Of City Of College
Park Providing For The Issuance And Sale By City Of College Park (The “City”), Upon Its
Full Faith And Credit, Of A General Obligation Installment Bond In The Aggregate
Principal Amount Of Seven Million Seventy-Five Thousand Dollars ($7,075,000.00), The
Proceeds Of The Sale Thereof To Be Used And Applied For The Public Purpose Of
Providing The Funds Needed To Prepay The Outstanding Principal Amount Of The City’s
Tax-Exempt Parking Garage Bond Of 2011 And, Together With The Use Of Other Non-
Borrowed Funds, To Thereby Effect A Current Refunding Of Such 2011 Bond, As More
Particularly Described Herein; Prescribing The Terms Of The Refunding Bond, The Form
And Tenor Of The Refunding Bond, And The Terms And Conditions For The Issuance
And Sale Of The Refunding Bond At A Private Sale, Without Soliciting Bids, To STI
Institutional & Government, Inc., And Authorizing Certain Officials Of The City To Make
Certain Final Determinations In Connection With Issuance Of The Refunding Bond;
Providing For The Disbursement And Application Of The Proceeds Of The Refunding
Bond; Providing For The Levy And Collection Of Ad Valorem Taxes Sufficient For, And
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May 26, 2015
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Pledging The Full Faith And Credit And Unlimited Taxing Power Of The City To, The
Prompt Payment Of Principal And Interest On The Refunding Bond; Providing That The
Principal Of And Interest On The Refunding Bond Also May Be Paid From Any Other
Sources Of Revenue Lawfully Available To The City For Such Purpose; Making Or
Providing For Certain Representations And Covenants Relating To The Tax-Exempt
Status Of The Refunding Bond; Providing For Certain Actions To Be Taken And
Determinations Made In Connection With A Reissuance Of The Refunding Bond As
Described Herein; Providing That The Provisions Of This Resolution Shall Be Liberally
Construed In Order To Effectuate The Transactions Contemplated Hereby; And Generally
Relating To The Issuance, Sale, Delivery And Payment Of And For The Refunding Bond.
Councilmember Mitchell said this resolution authorizes the refunding of the Tax-Exempt
Parking Garage Bond of 2011 with the Tax-Exempt Parking Garage Refunding Bond of 2015 in
order to lower the bond interest rate by approximately 26% over the remaining 16-year life of the
bond. The new bond of $7,075,000 is in the same principal amount as the current balance of the
old bond. The City’s financial advisor and bond counsel have participated in negotiations with
SunTrust Bank in order to secure this refinancing on favorable financial terms for the City. Debt
service savings over the life of the bond total $676,438. By adoption of this resolution, the
Mayor, City Manager, City Clerk, Director of Finance and Deputy Director of Finance are
authorized to execute the Refunding Bond and related documents on behalf of the City in
connection with the closing of this bond, scheduled for June 16, 2015.
There were no comments from the audience or from the Council.
The motion passed 8 – 0 – 0.
15-R-05 Adoption of 15-R-05, A Resolution Regarding Post-Issuance Tax Compliance
Procedures For Non-Conduit Tax-Exempt Obligations
A motion was made by Councilmember Mitchell and seconded by Councilmember Hew to
adopt Resolution 15-R-05, A Resolution Of The Mayor And Council Of The City Of
College Park Approving The Substantially Final Form Of, And Authorizing And Directing
Certain Officials To Finalize And Execute, On Behalf Of The City Of College Park,
Written Post-Issuance Tax Compliance Procedures For Non-Conduit Tax-Exempt
Obligations That Are Designed To Ensure Compliance With Applicable Post-Closing
Provisions Of The Internal Revenue Code Of 1986, As Amended, And Related U.S.
Treasury Regulations; And Determining Various Matters In Connection Therewith.
Councilmember Mitchell said in the previous action, the Council approved a resolution
authorizing the refunding of the Tax-Exempt Parking Garage Bond of 2011. The Internal
Revenue Service strongly recommends that issuers of tax-exempt obligations adopt written
procedures designed to address post-issuance compliance with provisions of the Internal
Revenue Code and the related U.S. Treasury Regulations. The City’s bond counsel drafted these
procedures which apply to the Tax-Exempt Parking Garage Refunding Bond of 2015 and all
current and future tax-exempt obligations of the City and comply with the IRS guidelines. By
adoption of this resolution, the City Manager and Director of Finance are authorized to execute
the Post-Issuance Tax Compliance Procedures on behalf of the City.
College Park City Council Meeting Minutes
May 26, 2015
Page 5
There were no comments from the audience or from the Council.
The motion passed 8 – 0 – 0.
15-G-63 Letter to WMATA regarding installation of Metro test track and sound
barrier wall in north College Park
A motion was made by Councilmember Wojahn and seconded by Councilmember Kabir to
send a letter to the Washington Metropolitan Area Transit Authority (WMATA)
expressing two requests relating to the construction of the test track between the Greenbelt
and College Park metro stations.
Councilmember Wojahn said that WMATA representatives presented information about
construction of the test track at a recent North College Park Citizens Association meeting and
residents expressed concern about the placement of the sound barrier being rebuilt between the
Metro and CSX tracks – that it might reflect sound from the CSX and MARC trains into the
neighborhood. They want Metro to work with CSX to place the sound wall between the CSX
tracks and the neighborhood. They also want Metro to refrain from using the test track during
hours when Metro is not in operation.
Comments from the audience:
James Thompson, 9511 49th Place: He wanted to know what Council was requesting to be
relocated – the tracks or the sound barrier? Mr. Wojahn clarified it is the sound wall.
Councilmember Kabir thinks we should send another letter to CSX asking for their cooperation
in this project. We should also thank Metro for their consideration in the operation of the test
track.
Councilmember Dennis thinks we are mixing WMATA issues with CSX issues. He is in favor
of addressing the noise and test track issues with WMATA but thinks the issue of relocating the
sound barrier should be addressed with both WMATA and CSX.
Councilmember Day agrees with Councilmember Dennis and said we should separate the two
issues and address CSX separately.
Roll Call Vote:
Yes: Kabir, Wojahn, Brennan, Stullich, Hew, Mitchell
No: Dennis
Abstain: Day
The motion passed 6 – 1 – 1.
15-G-64 Letter to Prince George’s County Council with comments on proposed tax
increase in FY 16 budget
College Park City Council Meeting Minutes
May 26, 2015
Page 6
A motion was made by Councilmember Mitchell and seconded by Councilmember Wojahn
to send a letter to the Prince George’s County Council regarding the County Executive’s
proposed 15% tax increase.
There were no comments from the audience.
Councilmember Brennan said that the Berwyn District Civic Association talked about this and
voted that Council request “the issue” be taken to referendum, but it is not clear to him what that
particular issue is: whether the 15% increase or any increase go to referendum.
Councilmember Kabir would prefer stronger language because 15% is a large increase, but he
understands his colleagues’ concerns. Residents can contact their County Council Members
individually.
Councilmember Mitchell reminded residents that if they want to contact their County Council
Members they should do so before May 28 which is when the budget will be voted on.
The motion passed 8 – 0 – 0.
15-G-65 Appointments to Boards and Committees
A motion was made by Councilmember Brennan and seconded by Councilmember
Wojahn to appoint Nick Brennan to the Animal Welfare Committee, Susan Keller to the
Committee for a Better Environment and to reappoint Thelma Lomax to the College Park
Housing Authority. The motion passed 8 – 0 – 0.
15-G-62 Discussion of a response to the letter dated May 18, 2015 from State Highway
Administration regarding City funding of US Route 1 utility undergrounding
Mayor Fellows said this item will be discussed at next week’s meeting to allow staff to have time
to reach out to SHA for clarification about the letter.
COUNCIL COMMENTS:
Councilmember Mitchell said she was principal for the day at Cherokee Elementary.
Councilmember Brennan said the Route 1 Pedestrian Safety Group is meeting on Friday, May 29
at City Hall.
Councilmember Wojahn asked for a future Worksession discussion on the “Safer People and
Safer Streets” challenge by Secretary of Transportation Anthony Fox.
Councilmember Kabir asked about the process for the upcoming City Manager search. Mayor
Fellows said that would be discussed during the meeting with Mr. Mercer on June 3.
COMMENTS FROM THE AUDIENCE:
James Thompson, 9511 49th Place: Mr. Thompson is a Boy Scout with Troop 740 and is
working on his Communications Merit Badge so he attended tonight’s meeting.
College Park City Council Meeting Minutes
May 26, 2015
Page 7
Mary Thompson, 9511 49th Place: Asked if the new development on Route 1 (Monument
Village) is student housing? Mr. Hew said it is market rate apartments.
ADJOURN: A motion was made by Councilmember Wojahn and seconded by Councilmember
Brennan to adjourn the regular meeting. With a vote of 8 – 0 – 0, Mayor Fellows adjourned the
meeting at 9:33 p.m.
____________________________________________
Janeen S. Miller, CMC Date
City Clerk Approved
15-G-67
MEMORANDUM
TO: Mayor & Council
THROUGH: Joseph L. Nagro, City Manager
~
FROM: Stephen Groh, Director of Finance .
DATE: May 26, 2015 .
SUBJECT: FY2015 Fire Department Capital Equipment Grants
(Proposed Consent)
The FY2015 adopted budget provides $45,000 in funding (in C.I.P. project 012006, account 25-
40) for capital equipment grants of $15,000 each to the 3 fire companies providing first response
to residents of the City for the purchase and/or financing of capital equipment needs.
Applications were sent to College Park, Branchville and Berwyn Heights Volunteer Fire
Departments, and each department submitted complete applications by the deadline.
Submitted applications are summarized as follows :
College Park Volunteer Fire Department, Inc.
Apply toward purchase of CPVFD-
owned and controlled ladder truck.
PGFD-owned Truck 12 and its
PGFD crew are often sent to other
areas of the County on details,
leaving CPVFD without this
equipment or staffing $ 15,000
Branchville Volunteer Fire Company & Apply to debt service on 2010
Rescue Squad, Inc. Pierce Pumper E-111 15,000
Berwyn Heights Volunteer Fire Department Use to supplement a deposit on a
& Rescue Squad, Inc. new Rescue Squad vehicle and
related equipment, estimated to cost
$900,000 - 1,000,000 15,000
We recommend that Mayor & Council review the submitted applications and make grant awards.
15-G-68
MEMORANDUM
TO: Mayor & Council
THROUGH: Joseph L. Nagro, City Manager
Stephen Groh, Director of Finance
FROM: Councilmembers Fazlul Kabir, Denise Mitchell, Robert Day, Monroe Dennis
(City Council Grants Subcommittee)
DATE: May 28, 2015
SUBJECT: FY2015 Community Services Grants
(Proposed Consent)
The FY2015 adopted operating budget (in account 1010-2520) provides $20,000 in funding for
community services grants, limited to $2,500 per organization. Organizations receiving direct or
beneficial grants from the City, volunteer fire companies receiving fire department capital
equipment grants, or public schools receiving education grants were not eligible to apply. Grant
applications were e-mailed to previous recipient organizations on April 21 and were advertised
on the City’s website (with links to the application form and criteria) and in the Municipal Scene.
The City received 8 grant applications by the May 21 deadline, requesting a total of $19,500.
Councilmembers Kabir, Mitchell, Day and Dennis volunteered to serve on the subcommittee to
review submitted grant applications and make a recommendation to Mayor & Council for grant
award. On May 26, the subcommittee met to review the submitted applications and formulate its
recommendation for grant award. Applications were rated based on the grant criteria. Steve
Groh provided tabulating assistance to the subcommittee but did not participate in the voting.
One grant to a new applicant was reduced from the requested amount. A complete copy of the
FY2015 grant applications and FY2014 final grant reports is available at
http://www.collegeparkmd.gov\document_center\Econ_Dev\Grant_Programs\FY2015_Commun
ity_Services_Grants_May_2015.pdf
Listed below is a schedule of the applications received, showing grant request and recommended
grant award.
CITY OF COLLEGE PARK
FY2015 Community Services Grants
Subcommittee
FY2015 Recommendation
Organization Program Grant for Grant Award
Request ($20,000 budget)
The National Museum of Language, Inc.Language camp and events 2,500 2,500
Lakeland Community Heritage Project Lakeland Heritage weekend 2,500 2,500
American Legion Auxiliary, College Scholarships for Miss College Park
Park Unit 217 pageant participants 2,500 2,500
Pregnancy Aid Centers, Inc. Food pantry program 2,500 2,500
College Park Woods Swim Club Senior summer day camp 2,500 2,500
Embry Center for Family Life Lakeland All-Stars basketball
program 2,500 2,500
College Park Center for Faith & College Park community library
Community 2,000 2,000
B-Roll Media & Arts Inc. Photography, audio engineering
classes for students 2,500 1,500
TOTALS $ 19,500 $ 18,500
15-G-69
MEMORANDUM
TO: Mayor and City Council
THROUGH: Joseph Nagro, City Manager
FROM: Robert W. Ryan, Public Services Director
DATE: May 29, 2015
SUBJECT: Application for transfer of a Class B (BLX), Beer, Wine and Liquor License
for the use of Shri Sai Baba,LLC , t/a RASOI Restaurant, 8601 Baltimore
Avenue, College Park, 20740.
ISSUE
An application has been made to the Board of License Commissioners (BOLC) by
Etienne R. Flaubert, Member-Authorized Person, for the transfer of a Class B (BH),
Beer, Wine, and Liquor Licenses for the use of Sri Sai Baba, LLC, t/a RASOI
Restaurant 8601 Baltimore Avenue, College Park, 20740, from RRP, t/a Asian Fusion
and Varsity Lounge, Prashant Patel, President, Himanshu Shah, Secretary/Treasurer,
Anio Vaidya, Assistant Secretary.
SUMMARY
The applicant has applied for the transfer of a B (BH) Beer, Wine and Liquor license.
The City Attorney and Director of Public Services received information from the
applicant’s attorney. A Property Use Agreement (PUA) was drafted based on this
information, which is attached.
An alcohol-to-food ratio of 30/70% has been proposed to the applicant.
Based upon the proposed business plan, entertainment is anticipated. The licensee
intends to use the Special Entertainment Permit used by the current occupant for a
Caribbean Night on Fridays. The PUA requires that the licensee present their security
plan to the City.
Customer identification was discussed. The applicant will require an ID for each person
purchasing or consuming alcoholic beverages. The applicant does not intend to use a
scanner system and will be prepared to present to Mayor and Council on this issue.
This applicant will also be using the liquor license for a banquet space. Staff is still
discussing this aspect with them.
The applicant will attend the Council work session on June 2, 2015 to discuss the draft
PUA. The applicant is reviewing the draft PUA.
RECOMMENDATION
Staff recommends Council consideration of the PUA. After discussion of the PUA and
any desired changes with the applicant, the Council should decide to oppose or not
oppose approval of the license by the BOLC and the PUA. If accepted, the City
Manager should be authorized to sign the PUA, and Staff should be authorized to testify
to the Council's position at the BOLC hearing on June 23, 2015.
Attachments: (1) Draft PUA
(2) Menu
(3) Floor Plan
(4) BOLC agenda
(5) BOLC glossary
PROPERTY USE AGREEMENT
THIS PROPERTY USE AGREEMENT (the "Agreement") is made as
of the day of , 2015, by and between SHRI SAI
BABA, LLC, T/A RASOI RESTAURANT, and ETIENNE R. FALUBERT, Member
and Authorized Person, (collectively "Licensee"); and the CITY OF COLLEGE
PARK, a Maryland municipal corporation (the "City").
WITNESSETH
WHEREAS, JAYKISHAN H0SPITALITY GROUP LLC is the owner
of the real property located at 8601 Baltimore Avenue, College Park, Maryland
20740 (the "Property"); and
WHEREAS, Licensee is a tenant at the Property; and
WHEREAS, the Property is located within the corporate limits of the
City of College Park, Maryland; and
WHEREAS, Licensee has applied to the Board of Liquor License
Commissioners of Prince George's County, for the transfer of a Class B(BH), Beer,
Wine and Liquor License (“License”) for use at the Property from RRP, t/a Asian
Fusion and Varsity Lounge; and
WHEREAS, the Licensee has requested the support of the City for
the transfer of the License for use at the Property; and
WHEREAS, in consideration of the covenants contained in this
Agreement, the City will voice no objection to the Licensee's application and
hearing for issuance of the License to the Property, subject to the terms, conditions
and restrictions contained herein.
NOW THEREFORE, in consideration of the foregoing, the mutual promises
contained herein, and other good and valuable consideration, the receipt and
sufficiency of which are hereby acknowledged, the parties hereto agree as follows:
1. Repair and Maintenance of the Property. Licensee shall, from
and after the date hereof, continue to keep the Property under its control in good
order and repair, and free of debris and graffiti.
2. Restrictions. Except with the express written consent of the
City, which consent may be withheld in the City's sole and absolute discretion,
during the period that Licensee is using or has any interest in the Property, and is
using the License, the use of the Property shall be restricted to the operation of
Rasoi Restaurant (“Restaurant”) or another substantially similar casual dining
restaurant, which receives not more than thirty percent (30%) of its average daily
receipts over any three consecutive monthly periods from the sale of alcoholic
beverages, and which complies strictly with the restrictions and requirements of
the State of Maryland/Prince George's County Class B License. The calculation of
the percentage of alcoholic beverages sold shall include the full cost of any such
beverage, and not just the alcohol contained in the beverage. Licensee will provide
the City, by January 25 of each year, with summaries of each month's receipts for
the sales of alcoholic beverages and food for the preceding calendar year, and, at
any time, such information in such form as the City may reasonably require to
permit the verification of sales required in this paragraph 2 of this Agreement. Such
information need not be prepared by an accountant or auditor, but must be
accompanied by a general affidavit signed by the Licensees affirming the accuracy
2
of the information provided. Licensees may be required by the City to provide
information to permit verification of the sales ratios required in this paragraph,
including daily register receipts and the identity of, and invoices from, its alcohol
and food suppliers. Any such information provided by Licensee that is claimed to
be confidential shall be so marked by Licensee and the City will treat such record
as confidential as allowed by law.
3. Use of Property. Except as otherwise set forth herein, those
uses of the Property permitted by the applicable zoning for the Property shall be
permitted uses for the purposes of this Agreement. In addition, the Property shall
be subject to all of the restrictions imposed by the applicable zoning of the
Property.
4. Noises and Nuisances. Licensee shall not permit any
nuisance to be maintained, allowed or permitted on any part of the Property, and
no use of the Property shall be made or permitted which may be noxious or
detrimental to health or which may become an annoyance or nuisance to persons
or businesses on surrounding property.
5. Operations. Licensee shall maintain and operate the
Restaurant in a manner that all seats are available for dining, no area is
designated solely for the consumption of alcoholic beverages, and no sales of
alcoholic beverages for off-sale consumption shall be allowed, except for partially
consumed bottles of wine purchased at the Restaurant and allowed off premises
pursuant to Maryland law. Alcoholic beverages will not be sold or served prior to
11:00 a.m. or after 10:30 p.m., Monday through Thursday, Saturday and Sunday,
3
or prior to 11:00 a.m. or after 2:00 a.m. on Friday and for private events/ banquets
when required. Food from a regular menu must be served at all times that the
premises are open for business. At all times, at least 80% of the items listed on the
regular menu shall be available for customers to order. The proposed menu
provided by Licensee is attached as Exhibit A. Licensee shall ensure music levels
that allow patron conversation in a normal tone of voice, and prohibit disruptive or
rowdy behavior that disturbs the peaceful enjoyment of the facility by Licensee's
patrons and other persons visiting the facility.
Cover and door charges will be charged for entry to the Property during live music
or DJ performances. The payment of a cover or door charge shall not reduce the
normal price charged by Licensee for alcoholic beverages. Alcoholic beverages
shall be served only to diners sitting at tables, bars or counters inside the
restaurant and banquet facilities, and patrons standing waiting for a table. The
parties recognize that, during private parties, not all patrons may be seated, but
that food will be served. The minimum price for alcoholic beverages, including 16
oz. beers, shall be $2.00. Licensee may not sell beer in pitchers. Licensee will
maintain all dining areas, including tables and chairs, inside the facility. Licensee
shall ensure that the interior of the restaurant, including service areas, remain
clean and graffiti free. The interior and exterior of the Property shall be rodent free.
Licensee shall not allow grease, dirt, trash or graffiti to accumulate on any portion
of the exterior of the Property that Licensee controls. Licensee agrees to fully
comply with all applicable laws, including without limitation Subtitle 12, "Health", of
the Prince George's County Code, and the Code of the City of College Park.
4
Licensee shall not engage in window advertising of the sale of beer, wine, or liquor
nor off-premises leafleting of cars or on public right of way promoting the sale of
beer, wine or liquor. All off-premises advertising of specials, happy hours or
reduced prices for beer, wine or liquor shall be limited to promotions coupling the
sale or service of food with the sale of alcoholic beverages. Licensee shall use an
identification scanner system, designed to recognize false identification prior to
making alcoholic beverage sales. The scanner shall be used for all persons who
appear to be under the age of thirty five (35) years. Licensee will not accept State
of Maryland vertical type licenses as proof of age.
Licensee shall not rent the facilities to individuals or businesses
involved in promoting or making a business or profit from producing musical, band
or disc jockey events. Licensee shall not provide tables, such as a beer pong table,
whose purpose is for use in drinking games. Licensee shall not sponsor or support
drinking games within the Property.
6. Enforcement. The City shall have the right to enforce, by any
proceeding at law or in equity, including injunction, all restrictions, terms,
conditions, covenants and agreements imposed upon the Property and/or
Licensee pursuant to the provisions of this Agreement. The parties agree that if
Licensee should breach the terms of the Agreement, the City would not have an
adequate remedy at law and would be entitled to bring an action in equity for
specific performance of the terms of this Agreement. In the event of a violation of
paragraph 2 of this Agreement, Licensee shall have sixty (60) days from the date
of notification of the violation to adjust his operations and achieve compliance, as
5
measured during the sixty (60) day period, with the requirements of paragraph 2 of
this Agreement. In the event the City is required to enforce this Agreement and
Licensee is determined to have violated any provision of this Agreement, Licensee
will reimburse the City for all costs of the proceeding including reasonable
attorney’s fees. Should Licensee prevail in any action brought by the City to
enforce a provision of this Agreement, the City shall reimburse Licensee for all
costs of the proceeding including reasonable attorney’s fees.
7. Waiver. Neither any failure nor any delay on the part of the
City in exercising any right, power or remedy hereunder or under applicable law
shall operate as a waiver thereof nor shall a single or partial exercise thereof
preclude any other or further exercise thereof or the exercise of any other right,
power or remedy.
8. Assignment of License. In consideration for the City voicing
no objection to Licensee's application for the new License, Licensee agrees that it
shall not sell, transfer, or otherwise assign its rights under the License to any entity
or individual for use or operation within the City without the express prior written
consent of the City, which consent will not be unreasonably withheld.
9. Assignment. This Agreement shall be binding upon, and shall
inure to the benefit of, the respective affiliates, transferees, successors and
assigns of the parties hereto.
10. Scope and Duration of Restrictions. The restrictions,
conditions and covenants imposed by this Agreement shall be valid only so long
6
as Licensee maintains a License at the Restaurant, or some other substantially
similar casual dining restaurant.
11. Security. Pursuant to Article 2B, §6-201(r)(19) of the Annotated
Code of Maryland, Licensee is required to obtain a License for special
entertainment or to obtain an exemption. Prior to seeking or operating under a
License for special entertainment or an exemption, Licensee agrees that it shall
first present to the City its plans for entertainment as well as for any required
security. For any activities authorized by such a license or exemption, the
Licensee shall have and maintain a Security Plan to prevent the Property and any
such activities from posing a threat to the peace and safety of the surrounding
area. The Security Plan shall, at minimum, comply with the requirements of the
Board of License Commissioners. Any required Security Plan for the Licensee is
subject to review and revision annually or upon request by Prince George’s County
Police, the University of Maryland Police or the City of College Park.
a. Licensee shall diligently enforce ID policies through trained and certified
managers and employees. Licensee agrees to take all necessary measures to
ensure that under age persons do not obtain alcoholic beverages.
b. All personnel involved in the sale of alcohol and all managers shall be
trained in a State approved alcohol awareness program before serving alcohol.
c. All serving, bar, security and management employees will be 18 years or
older.
12. Notices. All notices given hereunder shall be in writing and
shall be deemed to have been given when hand delivered against receipt of three
7
(3) days after deposit with the United States Postal Service, as registered or
certified mail, return receipt requested, postage prepaid, addressed:
(i) If to Licensee:
Rasoi Restaurant
8601 Baltimore Avenue
College Park, Maryland 20740
with a copy to:
Robert J. Kim, Esq.
McNamee Hosea
6411 Ivy Lane, Suite 200
Greenbelt, MD 21401
(ii) If to the City:
Joseph L. Nagro
City Manager
City of College Park
4500 Knox Road
College Park, Maryland 20740
with copy to:
Suellen M. Ferguson, Esquire
Council, Baradel, Kosmerl & Nolan P.A.
125 West Street, 4th Floor
P.O. Box 2289
Annapolis, MD 21404
13. Amendments. This Agreement may not be amended or
modified except in writing executed by all parties hereto, and no waiver of any
provision or consent hereunder shall be effective unless executed in writing by the
waiving or consenting party.
14. Severability. The provisions of this Agreement shall be
deemed severable, so that if any provision hereof is declared invalid, all other
provisions of this Agreement shall continue in full force and effect.
8
15. Governing Law. This Agreement shall be construed in
accordance with and governed by the laws of the State of Maryland.
16. Counterparts. This Agreement may be executed in any
number of counterparts each of which shall constitute an original and all of which
together shall constitute one agreement.
17. Headlines. The headings or titles herein are for convenience
of reference only and shall not affect the meaning or interpretation of the contents
of this Agreement.
9
IN WITNESS WHEREOF, the parties hereto have set their hands and seals on the
day and year first above written.
WITNESS/ATTEST SHRI SAI BABA, LLC
_____________________________
Signature
Name:________________________
Title: _________________________
______________________________
Etienne R. Falubert, Member,
Authorized Person
WITNESS/ATTEST CITY OF COLLEGE PARK
By:
Janeen S. Miller, CMC, City Clerk Joseph L. Nagro, City Manager
APPROVED AS TO FORM AND LEGAL SUFFICIENCY:
By:
Suellen M. Ferguson, City Attorney
10
15-G-70
DRAFT June 9, 2015
Douglas H. Simmons
Acting Administrator
State Highway Administrator
707 North Calvert Street
Baltimore, Maryland 21202
Re: Reconstruction of US 1
Dear Mr. Simmons:
In a letter dated May 18, 2015 to Mayor Fellows, SHA explained that a
letter of commitment from the City of College Park to fund the
undergrounding of utilities was needed by June 8, 2015 in order to maintain
the current project schedule. This request was made at the same time
meetings were being held between SHA, Senator Rosapepe and Mayor
Fellows in order to more fully understand the design elements of the project
as well as issues surrounding construction funding and timing. In fact, the
city is still engaged with SHA on these matters and looks forward to a
presentation to the City Council on August 5, 2015.
The city is surprised and disappointed that we have been given this
deadline without having the underground design completed and the
opportunity to explore funding through the Transportation Investment
Generating Economic Recovery (TIGER) discretionary grant program. When
the city executed the Memorandum of Understanding (MOU) with SHA last
August, it was our expectation that aerial and underground plans would be
designed concurrently and would be able to be compared side by side. Work
on these plans by KCI Technologies did not begin until December 2014 and
the only meeting to discuss these plans (30%) with the city was held on
March 31, 2015 at city staff’s request. The city is in receipt of documentation
showing that 33% of the work associated with the project was completed at
the end of February even though invoices received and paid by the city
through April total only $51,273 or 17% of the estimated cost of these
services.
It is distressing to learn now that a decision on funding
undergrounding utilities must be made before the design process is
completed and in order to engage utility companies in the design process.
This was certainly not the city’s understanding when the MOU was signed
and there is nothing in the MOU language that would indicate this to be the
case. Under the circumstances, however, the city must ask that SHA
Letter to: Douglas H. Simmons
June 9, 2015
Page 2
terminate the undergrounding design and incur no further financial obligations under the
MOU.
It has always been the city’s goal to obtain the best possible outcome for this
project, and we sincerely believe that placing the utilities underground would help to
make the reconstruction of Route 1 an exceptional complete streets project that all
stakeholders could be proud of. We will continue to work with your staff to ensure that
this is a model project, even without undergrounding, that addresses the multi-modal
needs of the community and enhances the sense of place along the corridor.
Sincerely,
Andrew M. Fellows
Mayor
Worksession:
Citizens Corps
Council
MEMORANDUM
TO: Mayor and City Council
FROM: Janeen S. Miller, City Clerk
THROUGH: Joe Nagro, City Manager
DATE: June 9, 2015
RE: 2015 Comprehensive Review of Council Advisory Boards:
Step 1 – Information Gathering
ISSUE
The Mayor and City Council are conducting a comprehensive review of the City’s advisory
boards. Step 1, the “Information Gathering” phase, continues on June 9 with:
Citizens Corps Council – David Milligan, Chair
Staff offers the following comments to Council on Step 1 of this comprehensive review:
Council should review the original charge which established the Board (attached) and consider
the following questions to guide the discussion:
1. Do you feel the original charge to this Board is still relevant and appropriate?
a. Does the charge as written accurately reflect the Board’s current operations? If
not, where is it different?
b. Should it be amended? If so, how?
2. Would you suggest any changes to the number of members/district designation of the
Board (not specific individuals)
3. What can the Mayor and Council do to help improve the effectiveness of the Board?
Council is encouraged to remember that Step 1 is the information-gathering phase of this five-
part process and not to get into details about operational issues at this time.
Attachments
1 – Comprehensive Review of Advisory Boards: Outline
2 – Resolution 05-R-15 – Resolution establishing the Citizens Corps Council
3 – Resolution 11-R-06 – Resolution establishing the Neighborhood Watch Steering Committee
2015 Comprehensive Review of Advisory Boards
Outline
Step 1: Information Gathering – The Big Picture
Council will take a fresh look at all of their advisory Boards to review the charge to each Board.
Council should consider whether any Boards should be restructured, combined or eliminated;
consider which are inactive; and determine if there is a subject area where creation of an
advisory board would be beneficial to Council. Council wanted to invite the Chairs of the
Boards in for these discussions, which will be conducted in four or five parts. Once the Council
has met with all of the Board Chairs, there will be an opportunity for Council to discuss any
changes they wish to make.
March 10 – APC
March 17 – CBE, TLB, Farmers Market, Sustainable Maryland Certified Green Team
April 14 – Board of Elections, Ethics Commission, Cable Television Commission,
Airport Authority
April 28 – Education Advisory Committee
May 12 – Animal Welfare Committee and Recreation Board
June 2 – Veterans Memorial Improvement Committee
June 9 – Citizens Corps Council
Step 2: Discussion of Board Relationships and Interactions with Council and Staff – Operational
Issues
This will be a Council/Staff discussion on operational matters such as the relationship between
Council and Boards, and the relationship between Boards and the Staff Liaison; communication
between Council and Boards; Council direction on Board Workplans; budgeting funds for
boards; development of a policy regulating the use of funds that are donated to City Boards; the
legal authority of Boards as appointees of Council and the duty of Boards to abide by City
policies and state/county law.
Step 3: Council Discussion with Boards
Council will meet with their advisory Boards to review the outcomes of Step 1 and Step 2. This
is the time to convey any proposed changes to the Board’s charge and/or composition and solicit
feedback; to review the general rules and responsibilities that apply to Boards; to discuss
Council-Board interactions; to clarify the role of the Staff Liaison; to convey policies including
those relating to the expenditure of funds; and to address issues raised by the Boards.
Step 4: Recommended Changes – Opportunity for Public Comment
A summary of any proposed changes to specific Boards will be provided for public comment.
Step 5: Implementation
Finalize any changes that are going to be made, and determine the implementation plan.
05-R-15
A RESOLUTION OF THE MAYOR AND COUNCIL OF THE CITY
OF COLLEGE PARK, MARYLAND, TO REPEAL AND REENACT
RESOLUTION 97-R-15, TO ESTABLISH A CITIZEN CORPS AND
CITIZEN CORPS COUNCIL IN THE CITY OF COLLEGE PARK
TO HARNESS - THE POWER OF EVERY INDIVIDUAL
THROUGH EDUCATION, TRAINING, AND VOLUNTEER
SERVICE TO MAKE COLLEGE PARK SAFER, STRONGER,
AND BETTER PREPARED TO RESPOND TO THE THREATS OF
TERRORISM, CRIME, PUBLIC HEALTH ISSUES, AND
DISASTERS OF ALL KINDS.
WHEREAS, Community Emergency Response Team (CERT) training has been
provided to City residents; and
I WHEREAS, efforts are underway to revitalize Neighborhood Watch (CPNW)
I programs; and
I WHEREAS, affiliate programs/organizations such as Neighborhood Watch and
the Community Emergency Response Team have been added to the national Citizen
Corps umbrella organizational structure; and
II
WHEREAS, Citizens Corps has been integrated into FEMA' s/DHS ' s overall
national preparedness, outreach, response and recovery, fire prevention, and mitigation
strategies, including the first responder initiative; and
WHEREAS, the Mayor and Council of the City of College Park wish to form a
College Park Citizen Corps Council to promote affiliated programs.
NOW, THEREFORE BE IT RESOLVED THAT Resolution 97-R-15 is
repealed and reenacted in its entirety to establish the College Park Citizens Corps Council
(CPCCC), a new committee, to be formed under the following procedures :
Goals For the Citizen Corps Council
The Citizen Corps mission will be accomplished through a local Citizen Corps Council,
which will work closely with established programs such as College Park Neighborhood
Watch (CPNW) and Public Services staff to tailor activities to the community and build
I
I
I on community strengths to develop and implement a local strategy to have every City
~~ resident participate through
~~ • Personal Responsibility: Developing personal and household preparedness plans
, 1 and disaster supplies kits, observing home health and safety practices,
implementing disaster mitigation measures, and participating in crime prevention
and reporting. -
I • Training: Taking classes in emergency preparedness, response capabilities, first
,I aid, CPR, fire suppression, and search and rescue procedures.
!I • Volunteer Service: Engaging individuals in volunteer activities that support first
l responders, disaster relief groups, and community safety organization. Everyone
I can do something to support local law enforcement officers, firefighters,
emergency medical technicians, community public health services, and the four
stages of emergency management: prevention, mitigation, response and recovery
I efforts.
The CPCCC will also promote and strengthen the Citizen Corps programs at the
neighborhood level, such as CERT teams and Neighborhood Watch groups; provide
opportunities for special skills and interests; develop targeted outreach for special
needs groups; organize special projects and community events; encourage
cooperation and collaboration among community leaders; and capture smart practices
and report accomplishments.
Duties and Responsibilities
1. To hold meetings at least quarterly.
2. To provide reports at least annually to the Mayor and Council on the status of
Citizen Corps programs in the City of College Park.
3. To promote formation ofNeighborhood Watch groups in all City
neighborhoods.
4. To promote formation ofCERT teams in all City neighborhoods.
5. To promote formation of other Citizen Corps programs such as Fire Corps,
Volunteers In Police Service, etc. , on a city-wide basis.
Composition of the College Park Citizen Corps Council
Membership shall be composed as follows :
1. A Citizen Corps Coordinator for each neighborhood shall be nominated and
appointed by the Mayor and Council and serve as a potential member of the
CPCCC for the term of their respective office in the neighborhood group.
2. Mayor and Council shall nominate and appoint 5 to 7 residents to serve as
community coordinators and to serve on the CPCCC. At least one member of
the CPCCC shall be the CPNW coordinator, and at least one member shall
represent each of the other Citizen Corps programs such as CERT, etc. The
CPCCC shall work closely with Public Services staff to plan, promote, and
coordinate Citizen Corps activities.
3. The president or his/her designee of each civic/citizen associatiOn which
represents a neighborhood shall be able to recommend potential members of
the CPCCC.
4. The Director of Public Services shall serve as an ex officio member of the
CPCCC .
5. The City of College Park Public Services Director and assigned Public
Services staff shall serve as the City liaison to the CPCCC.
Terms
Each member of the CPCCC shall serve for a term of3 years, and may be reappointed for
an unlimited number of terms. There shall be at least one representative of each of the
Citizen Corps programs, including CPNW, CERT, etc.
Removal
When an appointed member misses three consecutive regular meetings, the Chairperson
or the person conducting said meeting shall immediately notify the Mayor and Council,
who will contact said member regarding the reason for missing said meetings, and if a
justifiable excuse is not obtained, the Mayor and Council shall declare a vacancy and a
new member will be appointed to fill the unexpired term.
Appointment of Chair and Co-Chair
The Mayor, with the approval of the City Council, shall appoint the Chair and Co-Chair
ofthe CPCCC from among the members of the committee.
Meetings
Meetings shall be held on a quarterly basis. The Chair shall have the authority to call a
meeting to address an emergency with the concurrence of 50% of the current membership
of the CPCCC.
College Park Neighborhood Watch
The CPNW shall continue to function as a Citizen Corps program, under the general
terms formerly established, and as modified periodically to reflect organizational
structure changes in Police and City agencies and Department of Homeland Security
directives for Neighborhood Watch programs.
I:
I'
READ AND PASSED this 24th day ofMay, 2005 .
BY ORDER: I hereby certify that Resolution No. 05-R-15 is true and correct and
duly adopted by the City Council of College Park, Maryland .
ATTEST :
~J~I/nd
arolirre s. Lightfa
City Clerk
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY
By tJJ1#.vc.--
Robert H. Levan
City Attorney
Proposed
College Park Citizen Corps
. .
Citizens of College Park
Mayor and Council
City Manager
Department of Public Services
College Park Citizen Corps Council
(5-7 Residents Appointed by
Mayor and Council)
I I I J
CPNW CERT VIPS FC
11-R-06
A RESOLUTION OF THE MAYOR AND COUNCIL OF
THE CITY OF COLLEGE PARK, MARYLAND TO
ESTABLISH A NEIGHBORHOOD WATCH COMMITTEE
IN THE CITY OF COLLEGE PARK TO ADVISE THE CITY
COUNCIL, AND TO ENHANCE NEIGHBORHOOD
WATCH PROGRAMS CITY WIDE.
WHEREAS, the Mayor and Council adopted Resolution 97-R-15 m 1997 to
establish a Neighborhood Watch Committee, and
WHEREAS, the Mayor has from time to time appointed a City-wide
Neighborhood Watch Coordinator, and
WHEREAS, the City Council wishes to enhance College Park Neighborhood
Watch programs, and
WHEREAS, in October 2010, the City Council Neighborhood Watch Subcommittee
was formed; and
WHEREAS, the Subcommittee was charged to review City-wide Neighborhood Watch
programs; and
WHEREAS, the Subcommittee has recommended a three person College Park
Neighborhood Watch Steering Committee to advise the Council and to
review, enhance and further develop College Park Neighborhood Watch;
and
WHEREAS, the Neighborhood Watch Steering Committee is charged to conduct
meetings and act as necessary to share information and procedures to
prevent crime as appropriate in the City in coordination with police; and
WHEREAS, this Steering Committee is also charged to develop Neighborhood Watch
Programs in all sections of the City of College Park; and
WHEREAS, the Mayor and City Council wishes to form a permanent College Park
Neighborhood Watch Steering Committee.
NOW, THERERFORE BE IT RESOLVED THAT the City Council Neighborhood
Watch Subcommittee, the Neighborhood Watch Committee, and the City-
wide College Park Neighborhood Watch Coordinator position be
dissolved and a new College Park Neighborhood Watch Steering
Committee be formed under the following procedures:
COMPOSITION OF THE COLLEGE PARK NEIGHBORHOOD WATCH
STEERING COMMITTEE
1. The Mayor and City Council shall appoint a three-member Neighborhood
Watch Steering Committee from among the residents of the City.
2. Appointments shall be for a two year term.
3. Coordinators of individual Neighborhood Watch programs in the City of
College Park shall be ex-officio members of the Steering Committee.
4. The Prince George ' s County Police Department COPS officer(s) assigned
to the City of College Park shall serve as ex -officio member( s) of the
Steering Committee.
5. The City of College Park Public Services Director shall serve as the City
liaison to the Steering Committee.
PURPOSE
The CPNW Steering Committee shall:
1. Provide a network to exchange information about crime occurring in our
neighborhoods.
2. Disseminate pertinent, police reviewed, crime-related information (i.e.,
actual incidents, police lookouts, crime trends) City-wide.
3. Work closely with Prince George's County Police Department
Community Oriented Policing (COPS) officers and College Park Public
Services Director to identify and resolve neighborhood problems.
4. Promote and support the Neighborhood Watch concept, strengthen
existing Neighborhood Watch groups, and help begin new groups in areas
where they do not exist.
5. Provide crime prevention and police services information to the
community.
DUTIES AND RESPONSIBILITIES
1. To hold quarterly meetings.
2. To provide yearly reports to the Mayor and Council on the status of crime
prevention efforts in the City of College Park.
3. To develop programs and activities to deter crime and vandalism in the
City.
4. To promote the formation of Neighborhood Watch groups in any
neighborhood lacking a formal Neighborhood Watch.
5. A member of the College Park Neighborhood Watch Steering Committee
shall be a member of the College Park Citizens Corps Council
representing Neighborhood Watch.
APPOINTMENT OF CHAIR
Annually, the members of the Steering Committee shall appoint a Chairperson to serve as
Chair of the Steering Committee for a one-year term.
MEETINGS
Meetings shall be held on a quarterly basis. The Chairman shall have the authority to call
a meeting to address an emergency.
Resolved this / () f6__ day of --4f--"--;,__,.._,·,_/_____ , 2011.
Andrew M. Fellows, Mayor
City of College Park
ATTEST:
~s.~,.;t__
Janeen S. Miller
City Clerk
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY
B . vl-"k.
Suellen M. Ferguson
City Attorney
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