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Mayor & City Council

Regular Meeting

College Park, MD · June 9, 2015

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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 College Park City Council Meeting Minutes 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. College Park City Council Meeting Minutes 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 College Park City Council Meeting Minutes 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 College Park City Council Meeting Minutes 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 College Park City Council Meeting Minutes 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. College Park City Council Meeting Minutes 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 College Park City Council Meeting Minutes May 26, 2015 Page 4 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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