Mayor & City Council

TUESDAY, SEPTEMBER 26, 2017 CITY OF COLLEGE PARK COUNCIL CHAMBERS 7:30 P.M. MAYOR AND COUNCIL REGULAR MEETING AGENDA (There will be a Closed Session after the meeting.) COLLEGE PARK MISSION STATEMENT The City Of College Park Provides Open And Effective Governance And Excellent Services That Enhance The Quality Of Life In Our Community. 1. MEDITATION 2. PLEDGE OF ALLEGIANCE: Led by Councilmember Cook 3. ROLL CALL 4. ANNOUNCEMENTS 5. CITY MANAGER’S REPORT 6. ACKNOWLEDGMENTS 7. PROCLAMATIONS AND AWARDS 8. AMENDMENTS TO AND APPROVAL OF THE AGENDA 9. PUBLIC COMMENT ON CONSENT AGENDA AND NON-AGENDA ITEMS - Speakers are asked to provide their name and address for the record, and are given three minutes to address the Council. 10. PRESENTATIONS: A. Presentation of the Jack Perry Award – A. J. Pruitt B. Presentation on Daniels Park research paper -- Council Intern Moriah James 11. PUBLIC HEARINGS 12. CONSENT AGENDA - Note: Consent Agenda items are routine items of business that are collectively presented for approval through a single motion. A Councilmember may request that an item be pulled from the Consent Agenda and placed under Action Items for separate discussion and action. 001  17-G-111 Approval of a Land Use Declaration by and between the University Motion By: To: Adopt of Maryland College Park, the Terrapin Development Company, Second: LLC and the City of College Park Aye: Nay: Other: 17-G-113 Approval of the Jack Perry Award recipient 17-G-114 Authorization for the City to enter into a three-year agreement in the amount of $42,750 with the Maryland Department of Transportation, State Highway Administration, for the purchase of salt and aggregate during certain snow events 13. ACTION ITEMS 17-G-100 Approval of a letter to M-NCPPC with City funding priority Motion By: To: requests – Bill Gardiner, Assistant City Manager Second: Aye: Nay: Other: 17-O-07 Introduction of an Ordinance to lower the City’s Homestead Tax Motion By: To: Introduce Credit Rate from 2% to 0% Second: The Public Hearing will be held on Tuesday, October 10, 2017 at 7:30 p.m. in the Council Chambers 14. MAYOR AND COUNCILMEMBER REPORTS/COMMENTS 15. STUDENT LIAISON’S REPORT/COMMENTS 16. CITY MANAGER’S REPORT/COMMENTS 17. GENERAL COMMENTS FROM THE AUDIENCE 18. ADJOURN CLOSED SESSION There will be a Closed Session after the meeting to discuss the possible acquisition of real property for a public purpose, and matters directly related to said acquisition; to consult with Counsel on a legal matter; to discuss a negotiating strategy before a contract is awarded; to discuss a personnel matter, and to consider matters that relate to collective bargaining negotiations.  This agenda is subject to change. For the most current information, please contact the City Clerk at 240-487-3501.  Public Comment is taken during Regular Business meetings on the second and fourth Tuesdays of the month in one of the following ways. All speakers are requested to complete a card with their name and address for the record. o To comment about a topic not on the meeting agenda: Speakers are given three minutes to address the Council during “Public Comment on Non-Agenda Items” at the beginning of each Regular Meeting. o To comment on an agenda item during a Regular Business meeting: When an agenda item comes up for consideration by the Council, the Mayor will invite public comment prior to Council deliberation. Speakers are given three minutes to address the Council on that agenda item.  In accordance with the Americans with Disabilities Act, if you need special assistance, please contact the City Clerk’s Office at 240-487-3501 and describe the assistance that is necessary. 002 Presentation Jack Perry Award 003 July 12, 2017 Dear Jack Perry Award Review Committee, The members of the Neighborhood Quality of Life Committee nominate A. J. Pruitt for this year’s Jack Perry Award. Mr. Pruitt has been a resident of College Park, MD for more than 3 years now and he is also a student at the University of Maryland. He is eligible for this award as he is above the age of 18 and is a registered (and active) voter in the City of College Park. Mr. Pruitt was originally introduced to the city as the deputy student liaison to the city council during the 2015 - 2016 school year. During this time, he was a voice for his peers, but also an important bridge between two, often-clashing perspectives: those of student residents and non-student residents in the City of College Park. Mr. Pruitt represented multiple city issues during this time and actively sought city and university investment in the campus tailgating strategy meant to improve quality of life, most notably investments that remove routine disturbances from neighborhoods and place them in appropriate and safe spaces on campus during game days. This strategy is, and has proven to be, a win-win for all residents in College Park. After his tenure as the student liaison,, Mr. Pruitt used his position within the UMD Student Government Association to address issues of blight and improve public spaces along our Trolley Trail. He coordinated the regular meeting of students every Saturday morning to address issues of litter in our city. He engaged hundreds of student volunteers to descend upon these areas to pick up litter and also speak with peer residents about issues of litter and their requirements under the city code. As a result of his efforts to coordinate this activity, the neighborhood noticeably improved upon with less litter. The solution, in this case, is not only immediate, but sustainable. Mr. Pruitt went beyond creating the structure for these cleanups to take place, but developed a system with the Panhellenic and Greek communities to keep the energy behind this initiative going. By marrying a much needed community clean up with the mandated community service requirements in these organizations, the city is likely to see this effort continue. http://www.dbknews.com/2016/09/06/umd-greek-life-sga-pick-up-college-park-trash/ This effort has had a noticeable impact on resident awareness of community standards and city code requirements in the Old Town and Calvert Hills communities. New waste and recycling receptacles are often filled with trash that would otherwise be tossed on the ground. Residents are also more aware of city trash collection policies and responsibilities under the College Park city code. Mr. Pruitt also garnered national attention during a pivotal time in our country when universities nation-wide were faced with the growing issue of discrimination and sexual assault. When UMD administrative wheels were not moving fast enough to provide a solution, Mr. Pruitt led a vote to 004 increase fees to students in order to fund the campus’s understaffed Title IX Office. As a result of these actions and the attention these actions were given, the university administration took action to hire staff to address these issues and the creation of a safer environment for student residents. https://www.thecut.com/2016/10/univ-of-maryland-students-are-funding-sexual-assault-office.html https://www.washingtonpost.com/news/grade-point/wp/2016/10/18/after-u-md-students-propose-a-n ew-way-to-pay-for-sexual-assault-investigations-the-school-agrees-to-hire-more-staff/?utm_term=.8b45 b55ec340 Educating a community about consent and sexual assault demonstrates an awareness and proactive response to these very real issues, improving upon the values and the quality of life for residents. Finally, the recognition of model students residents serves as an example for their peers and helps to promote NQoL strategies and the “One College Park” goal. I hope the committee will strongly consider Mr. Pruitt for his contributions. Sincerely, NQoL Committee 005 Presentation Daniels Park Research Paper 006 The Vision of Edward Daniels: The History and Heritage of Daniels Park and Hollywood on the Hill By Moriah James Abstract: While the history and heritage of Maryland and cities such as College Park have been thoroughly documented, the histories of individual neighborhoods within those boundaries are not always fully explored. In north College Park lie the two neighborhoods of Daniels Park and Hollywood on the Hill. Both communities were founded by a man named Edward Daniels in the early 1900s. This research paper will aim to synthesize the oral histories of local residents with the written and recorded past in order to explore the history and heritage of these two north College Park neighborhoods. ↑ Edward Daniels Jr., founder of ↑ Order of Ratification for Edward ↑ Woman believed to be Annie Daniels Park circa 1900. and Annie Daniels in 1907. Daniels. Photo Credit: Daniels Family Photo Credit: Chronicling America Photo Credit: Daniels Family. During the summer of 2017, a heritage project was taken up under the direction of Councilman Fazlul Kabir for two north College Park neighborhoods named Daniels Park and Hollywood. Moriah James, a senior anthropology major at the University of Maryland and Council Intern, worked with Councilman Kabir and other local residents to record their stories as well as research the fascinating history of these two early 20th century communities. 007  17-G-111 Land Use Declaration for Terrapin Development Company 008  CITY OF COLLEGE PARK, MARYLAND REGULAR COUNCIL MEETING AGENDA ITEM AGENDA ITEM NUMBER_17-G-111___ Prepared By: Suellen M. Ferguson Meeting Date: September 26, 2017 City Attorney Presented By: Suellen M. Ferguson Consent Agenda: Yes City Attorney Originating Department: Planning, Community and Economic Development Action Requested: Approval of Land Use Declaration with respect to the disposition of ten properties in College Park to the Terrapin Development Company Strategic Plan Goal: Goal 3: High Quality Development and Reinvestment Background/Justification: The University of Maryland College Park (UMD) and the University of Maryland College Park Foundation have formed a new business entity called Terrapin Development Company, LLC (TDC), which is a limited liability company that will leverage contributed property to further the goals of "Greater College Park." UMD is proposing to transfer a total of +/- 29 acres to the TDC with three parcels (11 acres) for immediate transfer and 7 parcels (18 acres) subject to a ten-year exclusive option to acquire, lease or develop. The State process for the disposal of real property requires that the Board of Public Works (BPW) declare the property surplus, referral of the property to the Senate Budget and Taxation Committee and the House Appropriations Committee for a 45-day review period and final BPW approval of the disposition. The BPW must determine that the consideration for the property is adequate and the disposition is in the best interests of the State. The BPW may place conditions or covenants on the transfer. In August, 2017, the Mayor and Council approved a letter to the State Clearinghouse stating the City’s review comments and conditions with respect to these transfers. How these properties are developed will help shape the future of the City. None of the properties on the list have detailed development plans for future use. By transferring them to the TDC, the process for converting them from public to private use is facilitated even though as private properties they will be subject to the County development review process. At the August 8, 2017 meeting, the Council voted to support the request for transfer of the properties based on certain conditions, subject to reaching a written agreement with UMD and TDC that incorporates those conditions. A draft Land Use Declaration that incorporates the conditions was discussed with UMD and TDC at the work session on September 19. The final version is attached for approval. A requirement has been added that UMD and TDC will notify the City 60 days before issuing a request for proposal for development, and will provide the City with a copy of the RFP prior to issuance. Fiscal Impact: These properties will become taxable once they are transferred to the TDC. Council Options: #1. Approve the Land Use Declaration as drafted. #2. Approve the Land Use Declaration with amendments. #3. Do not approve the Land Use Declaration. Staff Recommendation: #1 009 Recommended Motion: I move that the City Council approve the Land Use Declaration between the University of Maryland College Park, the Terrapin Development Company, LLC and the City, in substantially the form attached. Attachments: 1. Land Use Declaration 2 010 UMD TDC CP Land Use Declaration Cover.Docx  LAND USE DECLARATION THIS LAND USE DECLARATION (“Agreement”) is made this _____ day of ___________, 2017 by and between the UNIVERSITY OF MARYLAND, COLLEGE PARK (“UMD”), an instrumentality of the State of Maryland and public corporation, the TERRAPIN DEVELOPMENT COMPANY, LLC (“TDC”), a Maryland limited liability company, and the CITY OF COLLEGE PARK (the “City”), a municipal corporation of the State of Maryland. WHEREAS, UMD and the University of Maryland College Park Foundation, Inc. have formed TDC and propose to transfer certain of their respective real estate assets to TDC or its wholly owned subsidiaries (the “TDC Affiliates”) in order to further their mutual goals for development within the City; and WHEREAS, UMD currently owns 9 properties within the corporate limits of the City, and 1 property proximate to the City, comprising approximately 29 acres, all as more particularly described in Exhibit A, attached hereto and incorporated by reference herein. (Said properties if owned by TDC or the TDC Affiliates are individually referred to in this Agreement as a “Property” and collectively referred to in this Agreement as the “Properties)” ; and WHEREAS, UMD proposes to immediately transfer 3 of the properties to TDC Affiliates, and also proposes to provide an exclusive option for TDC Affiliates to acquire, lease or develop the other 7 properties within 10 years from a date certain (the “Development Option”); and WHEREAS, the State of Maryland Board of Public Works (“Board of Public Works”) must approve the 3 immediate transfers and the Development Option (the “BPW Approval”); and 011  WHEREAS, UMD and TDC have requested that the City recommend such approval by the Board of Public Works; and WHEREAS, the City agrees to make this recommendation to the Board of Public Works, subject to UMD and TDC entering into and being bound by the terms and conditions of this Agreement, which Agreement may be specifically enforced by the parties. NOW, THEREFORE, in consideration of the aforesaid recommendation by the City, the parties hereby agree as follows declare and agree on behalf of themselves, their successors and assigns as provided herein, that the Properties shall be held, transferred, optioned, sold, leased, rented, developed, or conveyed subject to the following conditions and restrictions, limitations and obligations which shall run with the Properties or any parts thereof , to the extent and point in time as set forth in this Agreement, and shall inure to the benefit and be specifically enforceable by the parties, and bind their successors and assigns as provided herein, all subject to the following: 1. The recitals set forth above, as well as the foregoing “NOW, THEREFORE” clause, are incorporated herein as operative provisions of this Agreement. 2. UMD and TDC agree to include the City in the development planning process for all Properties as soon as is practical, but, at a minimum, will present development plans to the City not less than 60 days prior to any project application for any applicable governmental approvals and/or review/mandatory referral, including but not limited to subdivision, re- subdivision, storm water management, detailed site plan, or building permit. In addition, UMD and TDC agree to provide the City with notice of intent to issue any request for proposal for development not less than 60 days prior to issuance, and will provide a copy of the request for proposal to the City when available. Thereafter, the City will be regularly informed and be 2 012 consulted during the zoning and development process. In the event TDC or a TDC Affiliate sells a Property to a third party, or proposes to develop a Property through a sale of land to a third party, then such initial purchaser and subsequent purchasers shall assume the obligations imposed upon UMD and TDC by this section, subject to the terms and provisions of Section 17. 3. UMD and TDC agree to notify and consult with the City 60 days prior to entering into a contract for a sale, a ground lease or other development or conveyance agreement for Parcels B and C (as identified in Exhibit A), including providing the identity of the party to any such agreement. 4. UMD and TDC agree to notify the City at least 60 days prior to a transfer to TDC or a TDC Affiliate of any of the 7 Development Option properties (as identified in Exhibit A). As part of this notification, TDC will provide a description of the proposed development plan for the property to the extent available. 5. Upon a request by the City made at any time within 10 years from the date of this Agreement, UMD and TDC agree to consent to any lawful annexation of the Metzerott Road properties (as described in Exhibit A) into the corporate area of the City. UMD and TDC, each at no out-of-pocket expense, will assist and support the City in obtaining any other consents required for such annexation, and will not by act or omission attempt to overturn, reverse, modify or challenge the annexation of these properties into the corporate municipal boundaries of the City, or support any such action. UMD and TDC, at no out-of-pocket expense, will support all annexation processes related to the Metzerott Road properties, if requested by the City. UMD and TDC will, at no out-of-pocket expense to either, perform such other acts, and will execute, acknowledge and furnish to the City such instruments, documents, materials and 3 013 information which the City may reasonably request, in order to effect the annexation contemplated in this Agreement. 6. UMD and TDC will provide the City with an annual report of development and transfer activity relating to the Properties, beginning 1 year from the effective date of this Agreement. 7. Each person accepting a deed, lease or other instrument conveying any interest in the Property shall be bound by the terms of this Agreement whether or not the same is incorporated or referred to in such deed, lease or instrument and this Agreement is hereby incorporated by reference in any deed or other conveyance of all or any portion of each person’s interest in any Property subject hereto to and until such time as this Agreement is terminated or the Property is no longer subject to this Agreement as set forth in Section 17. 8. This Agreement is contingent upon BPW Approval, and shall be effective immediately upon such approval. This Agreement shall be deemed to be null and void without further action in the event the BPW Approval is not issued by May 1, 2018. 9. The City agrees, not later than 15 days after written request by UMD or TDC, to execute and deliver to either of them a certificate (or other documentation) in recordable form certifying that UMD or TDC have complied with this Agreement and that the Agreement has terminated with respect to an identified Property. 10. The Parties 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 or the Parties, and their respective successors and assigns, as applicable, pursuant to the provisions of this Agreement. The parties agree that if any party should breach the terms of this Agreement, the non-breaching party would not have an adequate remedy at law and, 4 014 therefore, will be entitled to bring an action in equity for specific performance of the terms of this Agreement, or a declaratory judgment action to confirm that UMD, TDC and/or a successor owner or developer have complied with the Agreement and have no further obligations hereunder. 11. This Agreement may not be amended or modified except in a 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. 12. This Agreement shall be construed in accordance with the laws of the State of Maryland, excepting its conflict of law provisions. The provisions of this Agreement shall be deemed severable, so that if any provision hereof is declared invalid or violative of any federal, state or local law or regulation, all other provisions of this Agreement shall continue in full force and effect. 13. In the event that any provision of this Agreement is in direct conflict with any provision mandated by the Board of Public Works or any government agency with jurisdiction relating to the subject matter herein, and to the extent that the provision in this Agreement is by necessity precluded, then that provision shall be deemed to be null and void, provided, however, that the remainder of this Agreement shall remain in full force and effect. 14. The City retains the right throughout any zoning or development process to comment on, object to, make recommendations for certain conditions for and/or appeal issues related to the development of the Properties and any part thereof. 15. The City shall not assign its rights under this Agreement. In the event there is an assignment or attempted assignment by the City, then this Agreement shall become null and void. 5 015  16. The obligations of UMD and TDC to include, notify, inform and/or consult with the City as described in this Agreement does not vest in the City any approval or consent rights. 17. The obligations of UMD and TDC in this Agreement and their respective successors and assigns, as applicable, under the Agreement as to each Property shall be in effect until the first use and occupancy permit is issued for development on any such Property, at which time this Agreement will automatically terminate with respect to that Property without any further action by the parties or any further recording. The obligations of UMD and TDC as to each Property (a) shall not apply to any subsequent re-development of any of the Property, and (b) does not create any governing authority in the City over the Property beyond that which may exist on the date of this Agreement. 18. This Agreement may be executed in counterparts, all of which together shall be deemed to constitute one fully signed original of this Agreement. (Signatures follow on the next page.) 6 016  IN WITNESS WHEREOF, the parties have caused this Agreement to be executed and delivered on the date first above written. WITNESS/ATTEST: UNIVERSITY OF MARYLAND, COLLEGE PARK __________________________ ___________________________________ By: Carlo Colella Title: Vice President for Administration and Finance TERRAPIN DEVELOPMENT COMPANY, LLC ___________________________ ___________________________________ By: Kenneth Ulman Title: President STATE OF MARYLAND ) ) ss: COUNTY ) I HEREBY CERTIFY that before me, the subscriber, a Notary Public in and for the jurisdiction aforesaid, do hereby certify that Carlo Colella, Vice President for Administration and Finance, on behalf of the University of Maryland, College Park, personally appeared before me in said jurisdiction, who, being by me first duly sworn, acknowledged said instrument to be the act and deed thereof, and that by virtue of the authority conferred upon him as Vice President for Administration and Finance, executed and delivered the same as such for the purposes therein contained by signing in my presence. WITNESS my hand and official seal this ___ day of ________, 2017. Notary Public Name:_____________________ My Commission Expires: Notary Registration No.: 7 017 STATE OF MARYLAND ) ) ss: COUNTY ) I HEREBY CERTIFY that before me, the subscriber, a Notary Public in and for the jurisdiction aforesaid, do hereby certify that Ken Ulman, President of the Terrapin Development Company, LLC, personally appeared before me in said jurisdiction, who, being by me first duly sworn, acknowledged said instrument to be the act and deed thereof, and that by virtue of the authority conferred upon him as President, executed and delivered the same as such for the purposes therein contained by signing in my presence. WITNESS my hand and official seal this ___ day of ________, 2017. Notary Public Name:______________________ My Commission Expires: Notary Registration No.: (Signatures continue on the next page.) 8 018 WITNESS/ATTEST: CITY OF COLLEGE PARK ____________________________ ___________________________________ Janeen S. Miller, CMC, City Clerk By: Scott Somers Title: City Manager STATE OF MARYLAND ) ) ss: COUNTY OF ) I HEREBY CERTIFY that before me, the subscriber, a Notary Public in the State and County aforesaid, personally appeared Scott Somers, who acknowledged himself to be the City Manager of the City of College Park, and that he, as such City Manager, being authorized so to do, executed the foregoing Agreement for the purposes therein contained by signing, in my presence, the name of said City of College Park. WITNESS my hand and notarial seal. ____________________________________(SEAL) Notary Public My Commission Expires:________ THIS IS TO CERTIFY that the within instrument has been prepared under the supervision of the undersigned Maryland attorney-at-law duly admitted to practice before the Court of Appeals. ______________________________ Suellen M. Ferguson 9 019 This document shall be recorded in the Land Records of Prince George’s County. After recording, please return to: Suellen M. Ferguson, Esq. Council, Baradel, Kosmerl & Nolan, P.A. P.O. Box 2289 Annapolis, MD 21404-2289 10 020  EXHIBIT A UMD PROPERTIES SUBJECT TO AGREEMENT The following are the 3 UMD properties, which, upon BPW Approval, are proposed for immediate transfer to TDC or a TDC Affiliate: 4100, 4103, 4109 Metzerott Road, College Park, Maryland (Metzerott Road Properties), conveyed by that deed dated April 24, 2015 and recorded in the Land Records of Prince George’s County, Maryland (the “Land Records”) in Liber 36974, folio 071. Parcel B (immediately north of The Hotel at UMD, 7777 Baltimore Avenue, College Park, Maryland), part of the land conveyed by that deed dated March 22, 1858 and recorded in the Land Records in Liber CSM 2, folio 294. Parcel C (immediately northeast of The Hotel at UMD, 7777 Baltimore Avenue, College Park, Maryland), part of the land conveyed by that deed dated March 22, 1858 and recorded in the Land Records in Liber CSM 2, folio 294. The following are the Development Option properties: 8320-8400 Baltimore Avenue, College Park, Maryland, conveyed by that deed dated July 22, 2016 and recorded in the Land Records in Liber 38412, folio 291. 7761 Diamondback Drive, College Park, Maryland (Building 6), part of the land conveyed by that deed dated March 22, 1858 and recorded in the Land Records in Liber CSM 2, folio 294. 4425 Campus Drive, College Park, Maryland (Building 11), part of the land conveyed by that deed dated March 22, 1858 and recorded in the Land Records in Liber CSM 2, folio 294. 4608, 4610, 4624, 4642 and 4644 Norwich Road, College Park, Maryland (Old Leonardtown Properties), conveyed in the aggregate by the following four deeds: (1) that deed dated May 23, 1946 and recorded in the Land Records in Liber 829, folio 363, (2) that deed dated February 1947 and recorded in the Land Records in Liber 908, folio 207, (3) that deed dated February 1, 1949 and recorded in the Land Records in Liber 1106, folio 203, and (4) February 12, 1959 and recorded in the Land Records in Liber 2307, folio 385. 4505 Campus Drive, College Park, Maryland (Paint Branch Building), part of the conveyed by that deed dated April 21, 1951 and recorded in Land Records in Liber 1357, folio 329. Parking Lot (immediately east of Ritchie Coliseum, 7675 Baltimore Avenue, College Park, Maryland), part of the land conveyed by that deed dated March 22, 1858 and recorded in the Land Records in Liber CSM 2, folio 294. UMD Land (southern wing of Service Building, 7757 Baltimore Avenue, College Park, Maryland), part of the land conveyed by that deed dated March 22, 1858 and recorded in the Land Records in Liber CSM 2, folio 294. 11 021 17-G-113 Approval of Jack Perry Award Recipient 022  CITY OF COLLEGE PARK, MARYLAND REGULAR COUNCIL MEETING AGENDA ITEM AGENDA ITEM NUMBER 17-G-113 Prepared By: Janeen S. Miller Meeting Date: September 26, 2017 City Clerk Presented By: Councilmember Brennan Consent Agenda: Yes For the Neighborhood Quality of Life Committee Originating Department: Mayor and Council Action Requested: Approval of the Jack Perry Award Recipient Strategic Plan Goal: Goal 1: One College Park Background/Justification: In 2013, the Mayor and Council established the Jack Perry Award in recognition of Councilmember John Edward “Jack” Perry, who served on the City Council for a total of 26 years, and was active in the community in numerous capacities from the time he moved to Berwyn in 1969 until his death in 2012. The award “will recognize a College Park resident who has participated to an extraordinary degree in neighborhood, civic or municipal affairs within the City in a manner that improves public spaces, fosters community cohesion, eradicates blight, informs discussion of public issues, provides leadership, and/or furthers the best interests of the City as a whole.” Per the Resolution, a subcommittee consisting of Bob Catlin, Kevin Young and Sean Perry met in late August to review the nominations, and selected A.J. Pruitt, who was nominated by the Neighborhood Quality of Life Committee, to receive the Award. The nomination is attached. The Resolution states that “the subcommittee’s recommendation will be forwarded to the full Council for approval by majority vote.” Fiscal Impact: N/A Council Options: 1 – Approve the nomination 2 – Do not approve the nomination Staff Recommendation: #1 Recommended Motion: I move to approve A. J. Pruitt as the recipient of the 2017 Jack Perry Award. Attachments: 1. Nomination of A. J. Pruitt submitted by the Neighborhood Quality of Life Committee 023 July 12, 2017 Dear Jack Perry Award Review Committee, The members of the Neighborhood Quality of Life Committee nominate A. J. Pruitt for this year’s Jack Perry Award. Mr. Pruitt has been a resident of College Park, MD for more than 3 years now and he is also a student at the University of Maryland. He is eligible for this award as he is above the age of 18 and is a registered (and active) voter in the City of College Park. Mr. Pruitt was originally introduced to the city as the deputy student liaison to the city council during the 2015 - 2016 school year. During this time, he was a voice for his peers, but also an important bridge between two, often-clashing perspectives: those of student residents and non-student residents in the City of College Park. Mr. Pruitt represented multiple city issues during this time and actively sought city and university investment in the campus tailgating strategy meant to improve quality of life, most notably investments that remove routine disturbances from neighborhoods and place them in appropriate and safe spaces on campus during game days. This strategy is, and has proven to be, a win-win for all residents in College Park. After his tenure as the student liaison,, Mr. Pruitt used his position within the UMD Student Government Association to address issues of blight and improve public spaces along our Trolley Trail. He coordinated the regular meeting of students every Saturday morning to address issues of litter in our city. He engaged hundreds of student volunteers to descend upon these areas to pick up litter and also speak with peer residents about issues of litter and their requirements under the city code. As a result of his efforts to coordinate this activity, the neighborhood noticeably improved upon with less litter. The solution, in this case, is not only immediate, but sustainable. Mr. Pruitt went beyond creating the structure for these cleanups to take place, but developed a system with the Panhellenic and Greek communities to keep the energy behind this initiative going. By marrying a much needed community clean up with the mandated community service requirements in these organizations, the city is likely to see this effort continue. http://www.dbknews.com/2016/09/06/umd-greek-life-sga-pick-up-college-park-trash/ This effort has had a noticeable impact on resident awareness of community standards and city code requirements in the Old Town and Calvert Hills communities. New waste and recycling receptacles are often filled with trash that would otherwise be tossed on the ground. Residents are also more aware of city trash collection policies and responsibilities under the College Park city code. Mr. Pruitt also garnered national attention during a pivotal time in our country when universities nation-wide were faced with the growing issue of discrimination and sexual assault. When UMD administrative wheels were not moving fast enough to provide a solution, Mr. Pruitt led a vote to 024 increase fees to students in order to fund the campus’s understaffed Title IX Office. As a result of these actions and the attention these actions were given, the university administration took action to hire staff to address these issues and the creation of a safer environment for student residents. https://www.thecut.com/2016/10/univ-of-maryland-students-are-funding-sexual-assault-office.html https://www.washingtonpost.com/news/grade-point/wp/2016/10/18/after-u-md-students-propose-a-n ew-way-to-pay-for-sexual-assault-investigations-the-school-agrees-to-hire-more-staff/?utm_term=.8b45 b55ec340 Educating a community about consent and sexual assault demonstrates an awareness and proactive response to these very real issues, improving upon the values and the quality of life for residents. Finally, the recognition of model students residents serves as an example for their peers and helps to promote NQoL strategies and the “One College Park” goal. I hope the committee will strongly consider Mr. Pruitt for his contributions. Sincerely, NQoL Committee 025 17-G-114 Salt and Aggregate Agreement 026  CITY OF COLLEGE PARK, MARYLAND REGULAR COUNCIL MEETING AGENDA ITEM AGENDA ITEM 17-G-114 Prepared By: Robert T. Stumpff Meeting Date: 09/26/2017 Director of Public Works Presented By: Scott Somers Consent Agenda: Yes City Manager Originating Department: Public Works Action Requested: Authorize the City Manager to sign an agreement with SHA for purchase of road salt. Strategic Plan Goal: Goal 6: Excellent Services Background/Justification: The City has had a contract for years with the State Highway Administration (SHA) to allow the City to purchase road salt as a backup agreement during snow events. In the past this contract has been a one-year contract. This year SHA decided to make this a three-year contract to reduce yearly paperwork. Our three-year contract is for a total of $42,750.00. Therefore, for the first time, this contract will need Council approval. Fiscal Impact: This contract will allow us over the next three years to purchase up to $42,750.00 of road salt as a backup if our main vendor cannot supply our needs. Council Options: #1: Authorize the City Manager to sign this agreement. #2: Elect not to authorize this agreement to be signed. Staff Recommendation: Option # 1. Recommended Motion: I move to authorize the City Manager to sign the Salt and Aggregate Utilization Agreement between the City of College Park and the Maryland Department of Transportation State Highway Administration. Attachments: 1 – Salt and Aggregate Utilization Agreement 027  Larry Hogan M MARYLAND DEPARTMENT ' 11_ Governor Boyd K. Rutherford Lt. Governor OF TRANSPORTATION Pete K. Rahn Secretary STATE HIGHWAY Gregory Slater ADMINISTRATION Administrator RECE,VED September 14, 2017 SE P 1 8 2017 Robert T. Stumpff Public Works Director of Public Works College Park, MO City of College Park Maryland 921 7 5 pt A venue College Park Maryland 20740-1947 Dear Mr. Stumpff: Enclosed for signatures of the City of College Park are duplicate original Agreements ("Agreement") between the City of College Park ("CITY") and Maryland Department of Transportation State Highway Administration ("MOOT SHA") for the distribution of salt and/or aggregate for winter storm events. Generally, the enclosed Agreement provides for the CITY to be able to continue obtaining salt, aggregate, or both from MDOT SHA for a period of three (3) years. MDOT SHA would invoice the CITY once the winter is over, usually in May of every year, for all material costs, including MDOT SHA overhead. The previously drafted Agreements have been reviewed by both parties and all comments have been incorporated or resolved to each party' s satisfaction. Please sign and date the two (2) original Agreements where indicated and return both originals to Oluwaseun Yerokun, Assistant Agreements Coordinator, Office of Procurement & Contract Management, Maryland Department of Transportation State Highway Administration, 707 North Calvert Street, Mailstop C-405, Baltimore MD 21202. Once received, the duplicate originals will be circulated for MDOT SHA signatures and one (I) original will be returned to you for the CITY' s use and record. Thank you in advance for your assistance in bringing the Agreement to a successful execution. If you have any questions or if I can be of assistance, please contact me by phone at 410 545- 5660 or by email at oyerokun@sha.state.md.us . ----~l+tfwaseun erokun Assistant Agreements Coordinator Attachment: Two (2) Agreements 707 North Calvert St., Ba ltimore, MD 21202 410.545.0400 1 1.800.206.0770 Marylan d Relay TIY 800.735.2258 1 028 roads.maryland.gov  SHA Control No. P01658 M-1 SALT AND AGGREGATE UTILIZATION AGREEMENT by and between Maryland Department of Transportation State Highway Administration and City of College Park This AGREEMENT ("Agreement") made as of the 1st day of September 201 7, executed in duplicate, by and between the Maryland Department of Transportation State Highway Administration ("MDOT SHA") and the City of College Park, located in Prince George's County, Maryland, a political subdivision of the State of Maryland and a body politic and corporate ("CITY"). WHEREAS, during certain winter snow emergency operations ("Snow Event") the CITY may have a need to obtain additional salt ("Salt") and/or stone dust abrasives or aggregate ("Aggregate"), to effectively complete its winter snow operations; and WHEREAS, the CITY has requested, and MDOT SHA has agreed, to allow the CITY to obtain Salt and/or Aggregate from MDOT SHA stockpiles during a Snow Event in accordance with the terms and conditions contained herein; and WHEREAS, the CITY shall reimburse MDOT SHA for the cost of Salt and/or Aggregate plus other related expenses; and WHEREAS, MDOT SHA and the CITY agree that this Agreement will benefit both parties to this Agreement and will promote the safety, health and general welfare of the citizens of the State. NOW, THEREFORE, in consideration of the premises and of the mutual promises between the MDOT SHA and the CITY, as set forth herein, the adequacy of which is hereby acknowledged, the parties hereby agree to the following: I. TERM & BUDGET The Term of this Agreement is for a period of three (3) years beginning the first (1 51) day of September 2017 and ending on the thirty first (31 51) day of August 2020, both dates inclusive, unless sooner terminated as set forth herein. For budgeting and planning purposes only, during the Term of this Agreement the total cost for: i) Salt to be distributed to the City shall not exceed Forty Two Thousand Seven Hundred Fifty Dollars ($42,750), and ii) Aggregate shall not exceed Zero Dollars ($0.00). This is an estimate only and the CITY shall be responsible for actual costs incurred at the time of acquisition. 029 II. SALT & AGGREGATE COSTS A. The cost of Salt, at the time of execution of this Agreement is Sixty Nine Dollars and Fifty Three Cents($ 69.53) per ton, which includes the price of the Salt, a Delivery Charge and an Overhead Charge. B. The cost of Aggregate, at the time of execution of this Agreement is Zero Dollars and Zero Cents ($0.00) per ton, which includes the price of the Aggregate, a Delivery Charge and an Overhead Charge. C. The Salt and/or Aggregate prices listed herein are subject to awarded contracts by MOOT SHA and shall be adjusted accordingly. D. The Delivery Charge includes the cost of fuel and mileage to transport the Salt and/or Aggregate to an MOOT SHA Salt dome. The Overhead Charge is determined by the federally approved Overhead Rate that may be adjusted on October 1st of each year. The current Overhead Rate is eight and two tenths percent (8.2%). E. The cost of the Salt and/or Aggregate may be adjusted weekly to account for Delivery Charge variances. III. ESTABLISHMENT of the SALT and/or AGGREGATE COSTS MOOT SHA has established a charge number for the CITY which will be used to document Salt and/or Aggregate withdrawals from MOOT SHA' s inventory system. The current charge number for the CITY is BY268M84. IV. PROCEDURES A. Salt and Aggregate Scheduling 1. MOOT SHA Shop Locations: For purposes of this Agreement, the MDOT SHA shops to be used for Salt and/or Aggregate for the CITY, as determined by MOOT SHA, are : Laurel Shop 2. Prior to a Snow Event: The CITY will contact Pranoy Choudhury, MOOT SHA' s Resident Maintenance Engineer (RME), or designee, of the Laurel Shop at 240 888-2181 to arrange for the CITY ' s trucks to be loaded with the Salt and/or Aggregate at the designated location the day before a local forecasted snow if time permits; otherwise MOOT SHA and the CITY will determine which MOOT SHA salt storage site is appropriate to use to load the Salt and/or Aggregate onto the trucks and MOOT SHA will provide an operator to facilitate the loading of the Salt and/or Aggregate. 3. During the Snow Event: The CITY will contact the appropriate MDOT SHA Shop nearest to that truck and request to be loaded at an approximate 2 030  preferred time of arrival. MOOT SHA will then arrange for an operator to meet the CITY truck at that location as close to the preferred time as possible without negatively affecting MOOT SHA operations. In addition, if a CITY truck is in the vicinity of a specific dome during a Snow Event and an MOOT SHA operator is present, the CITY truck may then be topped off, if desired. In situations where the MOOT SHA Snow Event operations are already active when the CITY operations begin, the CITY can notify MOOT SHA as far in advance as possible and MOOT SHA will make every effort to provide an operator at all the locations requested in order to begin loading CITY trucks with Salt and/or Aggregate. 4. Post Snow Event: The CITY can contact the appropriate MOOT SHA shop to request re-loading after a Snow Event, and MOOT SHA will schedule the re-loading at both parties' convenience. 5. The CITY shall not return any unused Salt and/or Aggregate to any MOOT SHA shop. B. Load Records 1. The CITY shall ensure all vehicles picking up Salt and/or Aggregate on their behalf are identified by a sticker or placard indicating the CITY' s name. 2. Only an MOOT SHA authorized loader operator shall load the CITY trucks. 3. MOOT SHA shall create a written loading record that must be signed by the CITY driver. A copy shall be given to the CITY driver to account for every load of Salt and/or Aggregate that the CITY receives from MOOT SHA. Each load record shall contain the following information: a. truck number or license tag number, b. the number of scoops/ buckets loaded, c. the number of tons loaded based on the scoops I bucket size value multiplied by the number of scoops /buckets. d. the ratio of Salt and Aggregate (e.g. 70/30, 50/50, etc.) for mixed loads. V. PAYMENT A. MOOT SHA shall provide a detailed invoice to the CITY by May 31 51 of each year for all actual costs incurred by MOOT SHA to provide Salt and/or Aggregate to the CITY. The invoice shall be accompanied by normal documentation from MOOT SHA to evidence actual costs incurred. 1. In the event the CITY receives a mixture of Salt and Aggregate, then such mixture will be noted on each load ticket along with the ratio of Salt to 3 031  Aggregate; the quantity on such tickets will be multiplied by the mixture ratio and recorded independently as Salt and Aggregate. B. Upon request by the CITY, MOOT SHA may provide information to include the number of buckets and estimated tonnage provided to the CITY for each date of withdrawal. C. The estimated cost of the Salt and/or Aggregate is based on the average amount of Salt and/or Aggregate used during the previous five (5) years at the prevailing rate at the time of execution of this Agreement and will be subject to future adjustments during the Term according to costs for Salt and/or Aggregate for delivery and overhead in effect at that time. D. REIMBURSEMENT 1. Reimbursement to MOOT SHA for the SALT during the Term, including MOOT SHA overhead, is estimated to be Fourty Two Thousand Seven Hundred Fifty Dollars ($42,750), and is based on estimated quantities from the previous year, however, actual costs and tonnage may vary and the CITY shall reimburse MOOT SHA for all actual tonnage (which includes the delivery charge) and overhead costs. 2. Reimbursement to MOOT SHA for the Aggregate during the Term, including MOOT SHA overhead, is estimated to be Zero Dollars ($0.00) and is based on estimated quantities from the previous year, however, actual costs and tonnage may vary and the CITY shall reimburse MDOT SHA for all actual tonnage which includes delivery charge and overhead costs. E. In the event of extremely heavy Salt and/or Aggregate usage, MDOT SHA reserves the right to submit progress billings to the CITY in lieu one annual InVOICe. F. The CITY shall reimburse MOOT SHA for all costs incurred by MOOT SHA for all supplied Salt and/or Aggregate provided during the winter pursuant to this Agreement within thirty (30) days of receipt of each invoice. G. In the event MDOT SHA does not receive payment of invoices within thirty (30) days of the CITY's receipt of each invoice, MOOT SHA will notify the CITY of the overdue payment and provide the CITY the opportunity to pay such overdue amounts. If payment of the overdue amount is not received within thirty (30) days following notification, MOOT SHA will then notify the CITY in writing, and the parties hereby agree that MOOT SHA may make a deduction from the CITY's share of Highway User Revenue equal to the overdue invoice amount(s) or MOOT SHA may refer the overdue amount to the Central Collection Unit, at 300 West Preston Street, Room 500, Baltimore MD 21201-2365 for collection of overdue amount. 4 032 VI. GENERAL A. MDOT SHA does not supply Brine, a pretreatment salt-based mixture. B. MDOT SHA and the CITY agree to cooperate with each other to accomplish the terms and conditions ofthis Agreement. C. The provisions contained in this Agreement shall be binding upon the parties until the earlier to occur of; (i) three (3) years from the date first written above, (ii) thirty (30) days after written notice has been given by either party to the other that they elect to no longer be bound by the terms and conditions of this Agreement, or (iii) August 31, 2020. However, termination of this Agreement and any Amendments is contingent on all outstanding invoices being paid by the CITY to MOOTSHA. D. Subject to and without waiving common law and other governmental immunities and the provisions §5-301et seq., Local Government Tort Claims Act, Courts and Judicial Proceedings Article, Annotated Code of Maryland, the CITY shall indemnify, hold harmless and defend, at MOOT SHA's option, the State of Maryland, MDOT SHA and the Maryland Department of Transportation, from and against any and all liabilities, obligations, damages, penalties, claims, costs, charges and expenses, incurred in connection with the loss of life, personal injury and/or property damage arising from or in connection with the activities performed pursuant to this Agreement by the CITY or its contractors, agents or assigns. E. MDOT SHA shall reserve the right to limit or deny Salt and/or Aggregate to the CITY in order to avoid jeopardizing MOOT SHA' s snow remediation operations. F. This Agreement shall inure to and be binding upon the parties hereto, their agents, successors and assigns. G. This Agreement and the rights and liabilities of the parties hereto shall be determined in accordance with Maryland law and in Maryland courts. H. The recitals (WHEREAS clauses) at the beginning of this Agreement are incorporated as substantive provisions ofthis Agreement. I. All notices and/or invoices, if to the CITY, shall be addressed to: Scott Somers City Manager City of College Park, Maryland 4500 Knox Road College Park, Maryland 20740-1947 Phone:240-487-3501 Fax: 301-474-0825 E-mail: ssomers@collegeparkmd.gov 5 033 And to: Robert T. Stumpff Director of Public Works City of College Park, Maryland 9217 5P1 Avenue College Park, Maryland 207 40-194 7 Phone:240-487-3590 Fax: 301-4 7 4-0285 Email: rstumpff@collegeparkrnd.gov And ifto MDOT SHA: Pranoy Choudhury Resident Maintenance Engineer MDOT State Highway Administration 508 Caroline Street Denton, MD 21629 Phone:301-513-7325 Fax: 301-513-7490 E-mail: pchoudhury@sha. state. md. us With copies to: Brian Young District Engineer, D-3 MDOT State Highway Administration 9300 Kenilworth A venue, Greenbelt, MD 20770 Phone: 301-513-7311 Fax: 301-513-7415 Email: BYoung@sha.state.md.us And, MDOT SHA Agreements Team Office of Procurement and Contract Management MDOT State Highway Administration 707 N. Calvert Street Mailstop C-405 Baltimore, MD 21202 Phone: (410) 545-5547 E-mail: SHAAgreementsTeam@sha.state.md. us (Signature Pages Follows) 6 034 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their respective duly authorized officers on the day and year first above written. MARYLAND DEPARTMENT OF TRANSPORTATION STATE HIGHWAY ADMINISTRATION By: _ _ _ _ _ _ _ _ _ _ _ _ (SEAL) WITNESS Gregory Slater Date Administrator APPROVED AS TO FORM AND RECOMMENDED FOR APPROVAL: LEGAL SUFFICIENCY: Assistant Attorney General Tim Smith, PE Deputy Administrator/Chief Engineer for Operations Jason A. Ridgway, PE Acting Deputy Administrator/Chief Engineer Planning, Engineering, Real Estate, and Environment William J. Bertrand Director Office of Finance 7 035 17-G-100 Comments for M-NCPPC Budget 036  CITY OF COLLEGE PARK, MARYLAND REGULAR COUNCIL MEETING AGENDA ITEM AGENDA ITEM NUMBER 17-G-100 Prepared By: Bill Gardiner Meeting Date: September 26, 2017 Assistant City Manager Presented By: Bill Gardiner Consent Agenda: No Assistant City Manager Originating Department: Administration Action Requested: Authorize the Mayor to send correspondence on behalf of the City to M-NCPPC regarding the FY19 budget Strategic Plan Goal: Goal 4: Quality Infrastructure Background/Justification: The Prince George's County Planning Board of The Maryland-National Capital Park and Planning Commission (M-NCPPC) is soliciting comments prior to the development of the Commission's FY19 budget for planning, parks, and recreation in Prince George's County. The M-NCPPC budget is funded in part by a property tax ($0.294 per $100 of assessed value) on property in the City. Written comments are accepted until close of business, October 3, 2017. Additional information is available at http://www.pgplanningboard.org/CivicAlerts.aspx?AID=80. Staff recommends that Council authorize correspondence from the City that supports the following projects and services. Support for current projects and policies: 1. College Park Woods Connector Trail (one project—the two projects in the 2018 M-NCPPC budget will be combined). This project is fully funded ($1.75 million) but the completion date will be pushed back to May 2019. 2. Support for the Commission’s investment in the College Park Airport, including the Operations Facility and the planned hangar renovations. 3. Renovations / equipment replacement for Calvert Park (scheduled for completion in June 2021). 4. Support for the new M-NCPPC policy to allow bicyclists (in transit and with headlight) on trails between 5 am and midnight, and the planned trail lighting policy that will establish criteria for whether or not lighting is needed on certain trail segments. The City looks forward to working with the Commission and reviewing trail segments in College Park. Support for new projects: 1. Request for funding for a northern College Park multi-purpose recreation facility (stand-alone or school addition). 2. Request for a new bike / pedestrian bridge and trail connection from the Paint Branch Park on the east side of the Northeast Branch to the trail system on the west side of the river. This bridge will improve access to the trail system and amenities in the Paint Branch Park by all users and nearby residents. 3. Planning and design funding for improvements to Hollywood Park, that could include the conversion of the small softball field for soccer and cricket, and the possible addition of a running track. 037 Fiscal Impact: None Council Options: #1: Authorize the Mayor to sign the attached letter to M-NCPPC outlining the projects and policies noted above that the City supports. #2: Amend the draft letter to M-NCPPC and authorize the Mayor to sign it. #3: Do not send a letter at this time. Staff Recommendation: #1 Recommended Motion: I move that the City Council authorize the Mayor to send the attached correspondence to M-NCPPC on behalf of the City outlining projects the City would like to be funded in the FY19 M-NCPPC budget and expressing appreciation for M-NCPPC investment in the City. Attachments: 1 - Draft letter 2 038  September 27, 2017 Elizabeth M. Hewlett, Chair Prince George’s County Planning Board M-NCPPC 14741 Governor Oden Bowie Drive Upper Marlboro, Maryland 20772 RE: Proposed FY19 M-NCPPC Budget Dear Chair Hewlett: Thank you for the opportunity to provide input for the upcoming M-NCPPC budget. We greatly appreciate recent M-NCPPC investments in our area, such as the new Airport Operations Building and the Paint Branch Playground, and we look forward to continued collaboration. We are pleased to see funding in the Capital Budget for the renovation of Calvert Park and the hangar renovation at the College Park Airport. Trail connectivity and enhancements are very important for our residents, and the College Park Woods Connector Trail is a great example of your commitment to working together with many stakeholders to ensure the project will be completed. We support the new M-NCPPC policy allowing bicyclists (in transit with headlights) on trails between 5 am and midnight. We look forward to the new trail lighting policies and working with the Commission to review potential lit trail segments in College Park. We would like the Commission to fund a new bike / pedestrian bridge and trail connection from the Paint Branch Park on the east side of the Northeast Branch to the trail system on the west side of the river. This small connection will greatly enhance access to the new playground and other park facilities. The Council has two requests that will improve amenities in north College Park. In 2015 the Commission included initial funding for a multipurpose facility (stand-alone or elementary school addition) in north College Park. Unfortunately, this project was deleted from the FY16 CIP due to budget cuts. We respectfully request that funding be included in the FY19 budget. And finally, we again request funding for the re-design and renovation of Hollywood Park to reconfigure and re-program some playing fields to improve use of the park. We are pleased that the previously proposed stormwater pond is not being considered. Thank you for your work in support of these projects. Sincerely, Patrick L. Wojahn Mayor Copies: County Council Member Mary Lehman, District 1 County Council Member Dannielle Glaros, District 3 039 17-O-07 Introduction of An Ordinance to Lower the City’s Homestead Tax Credit Rate 040  CITY OF COLLEGE PARK, MARYLAND REGULAR COUNCIL MEETING AGENDA ITEM AGENDA ITEM NUMBER 17-O-07 Prepared By: Gary Fields Meeting Date: September 26, 2017 Director of Finance Presented By: Gary Fields Consent Agenda: No Director of Finance Originating Department: Mayor and Council Action Requested: Introduction of Ordinance 17-O-07 to lower the City’s Homestead Tax Credit Rate Strategic Plan Goal: Goal 6: Excellent Services Background/Justification: At the September 19, 2017 Worksession, the Council discussed the City’s Homestead Tax Credit Rate and reducing the cap from the current rate of 2% to 0%, effectively providing additional property tax relief for homeowners. The consensus of the Council was to reduce the rate to 0% and prepare an ordinance for introduction. Section 9-105 (e) (4) of the Tax-Property Article of the Maryland Annotated Code establishes the deadline of March 25th for municipal corporations to set or alter their Homestead Credit, as well as notify SDAT of any change, for the taxable year beginning the following July 1st. Fiscal Impact: The additional cost (revenue reduction) resulting from lowering the City’s Homestead Tax Credit Rate from 2% to 0% is estimated at approximately $34,000. This would be reflected as a reduction to real property taxes in the FY 2019 Adopted Operating Budget. Council Options: #1: Introduce Ordinance 17-O-07, reducing the City’s Homestead Tax Credit Rate from 2% to 0%, and set the Public Hearing #2: Take no action, which would leave the Homestead Tax Credit Rate at 2% Staff Recommendation: #1 Recommended Motion: I move to introduce Ordinance 17-O-07, which will lower the City’s Homestead Tax Credit Rate from 2% to 0% effective July 1, 2018. The Public Hearing will be held on October 10 at 7:30 p.m. in the Council Chambers. Attachments: 1. Ordinance 17-O-07 041  17-O-07 ORDINANCE OF THE MAYOR AND COUNCIL OF THE CITY OF COLLEGE PARK, MARYLAND, AMENDING CHAPTER 175 “TAXATION”, ARTICLE II “HOMESTEAD PROPERTY TAX CREDIT”, BY REPEALING AND REENACTING §175-3 “RATE”, TO CHANGE THE HOMESTEAD PROPERTY TAX CREDIT RATE FROM 102% TO 100%. WHEREAS, Section 9-105(e) of the Tax-Property Article of the Annotated Code of Maryland, provides that on or before March 25th of any year, the governing body of a municipal corporation may set or alter a homestead credit percentage for the taxable year beginning the following July 1 and any subsequent tax years; and WHEREAS, Section 9-105 of the Tax-Property Article, Annotated Code of Maryland, allows the City to establish a homestead property tax credit percentage for the City property tax for each taxable year under certain circumstances; and WHEREAS, State law further provides that if the City does not set a rate, by law, as required, that the percentage shall be the percentage as previously set by the City of College Park; and WHEREAS, the Homestead Property Tax Rate in the City is currently 102%; and WHEREAS, the Mayor and City Council have determined that the homestead property tax credit beginning July 1, 2018 and subsequent tax years shall be 100%; and WHEREAS, pursuant to Section 9-105(e) of the Tax-Property Article of the Annotated Code of Maryland, municipal corporations must notify the State Department of Assessments and Taxation of any action taken on or before March 25 preceding the taxable year for which action is taken. ____________________________________ CAPS : Indicate matter added to existing law. [Brackets] : Indicate matter deleted from law. Asterisks * * * : Indicate matter remaining unchanged in existing law but not set forth in Ordinance 042  17-O-07 Section 1. NOW THEREFORE, BE IT ORDAINED AND ENACTED, by the Mayor and Council of the City of College Park, Maryland that Chapter 175 “Taxation”, Article II “Homestead Property Tax Credit” §175-3, “Rate” be and is hereby repealed and reenacted with amendments as follows: §175-3 Rate. The homestead property tax credit for city tax purposes is set at [102] 100%. Section 2. BE IT FURTHER ORDAINED AND ENACTED by the Mayor and Council of the City of College Park that, upon formal introduction of this proposed Ordinance, which shall be by way of a motion duly seconded and without any further vote, the City Clerk shall distribute a copy to each Council member and shall maintain a reasonable number of copies in the office of the City Clerk and shall post at City Hall, to the official City Website, to the City- maintained e-mail LISTSERV, and on the city cable channel, and publish in any City newsletter, the proposed ordinance or a fair summary thereof together with a notice setting out the time and place for a public hearing thereon and for its consideration by the Council. The public hearing, hereby set for __7:30__ P.M. on the __10th__ day of ___October___, 2017, shall follow the publication by at least seven (7) days, may be held separately or in connection with a regular or special Council meeting and may be adjourned from time to time. All persons interested shall have an opportunity to be heard. After the hearing, the Council may adopt the proposed ordinance with or without amendments or reject it. This Ordinance shall become effective on ________________________, 2017 provided that, as soon as practicable after adoption, the City Clerk shall post a fair summary thereof at City Hall, to the official City Website, to the City-maintained e-mail LISTSERV, and on the city cable channel, and publish in any City newsletter. 2 043  17-O-07 INTRODUCED by the Mayor and Council of the City of College Park, Maryland at a regular meeting on the __26th__ day of ___September___, 2017. ADOPTED by the Mayor and Council of the City of College Park, Maryland at a regular meeting on the ________ day of ___________________ 2017. EFFECTIVE the _______ day of ________________________, 2017. ATTEST: CITY OF COLLEGE PARK By: _____________________________ By: __________________________________ Janeen S. Miller, CMC, City Clerk Patrick L. Wojahn, Mayor APPROVED AS TO FORM AND LEGAL SUFFICIENCY: ______________________________ Suellen M. Ferguson, City Attorney 3 044