Mayor & City Council

City of College Park Virtual Meeting Instructions This will be a Zoom virtual meeting. The link is: https://zoom.us/j/92398574069?pwd=MlU3dFB3OG9TZnBQT242R1lsK3RNQT09 Zoom Webinar ID: 923 9857 4069 Zoom Webinar Password: CPjoinMCM A few minutes before the meeting begins 1. To join the meeting by computer or mobile device: • Click on the Zoom link above • If this is the first time you have joined a Zoom meeting and you do not get the prompt to “Open Zoom Meetings”, you will need to click the download & run Zoom link on the page you were taken to. Clicking the link will allow you to install the Zoom app on your device. • If you get the prompt to “Open Zoom Meetings”, click it to join the webinar. 2. To join the meeting by telephone: • Dial 301-715-8592 • Enter Meeting ID: 923 9857 4069, then press # • There is no Participant ID. Just press # • Enter Meeting Password: 419048, then press # As an Attendee Joining a College Park Zoom webinar as an attendee will allow you to watch and listen to the webinar. Attendees can also use the Raise Hand button when the meeting is open for public comment. If the Host unmutes an attendee, that attendee will be able to speak to the webinar until they are muted again. As an attendee, you will not have access to any other functions. On the next screen, enter your email address and name, then click the “Join Webinar” button. 1 001 Uncheck the box next to “Remember my name for future meetings” if you do not want to automatically join subsequent Zoom meetings using the same information. If the webinar is in the pre-meeting “Practice” mode and has not started to broadcast, you will get the following screen. Once the webinar starts broadcasting, you will be taken into the webinar (see the next screenshot below.) Note the “Raise Hand” Control in the lower part of the Zoom window. If the controls are not showing, hover your mouse pointer over the Zoom window and the controls will immediately appear. 2 002 When the webinar is opened for public comment, you can click the “Raise Hand” control so that the Host will know that you would like to speak. When it’s your turn to speak, you will be called upon to speak and you will get the following prompt: Click the Unmute button to speak to the webinar and all the participants will be able to hear you. While you are granted the option to speak, notice the microphone control that will appear at the lower-left corner of your Zoom window. Clicking that control will allow you to unmute and mute yourself. After the Host has stopped the option to speak, the microphone control will disappear and you will not be able to speak to the webinar. 3 003 Guidelines and Best Practices for participation 1. Please keep yourself on “mute” to eliminate background noise. 2. A high-speed, wired internet connection will provide the best results. 3. We recommend that you close other applications on your device to preserve bandwidth. 4. If you will be speaking, we suggest using a headset with microphone for best results. 5. For public comment portions of the meeting, please unmute yourself when prompted by the Mayor, and remember to re-mute yourself when you are finished. Please eliminate as much background noise as possible when you are speaking. 6. Please state your name and whether you are a College Park resident when you begin your testimony. Speakers are given 3 minutes. 4 004  TUESDAY, JANUARY 12, 2021 CITY OF COLLEGE PARK *VIRTUAL MEETING* Meeting Link Will Be Posted On City Website Calendar 7:30 P.M. MAYOR AND COUNCIL REGULAR MEETING AGENDA 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 Mackie 3. ROLL CALL 4. ANNOUNCEMENTS/COMMENTS - MAYOR, COUNCIL, STUDENT LIAISON 5. CITY MANAGER’S REPORT 6. ACKNOWLEDGMENTS 7. PROCLAMATIONS AND AWARDS: In Honor of Dr. Martin Luther King, Jr. 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. PUBLIC HEARINGS 11. PRESENTATIONS 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. 21-G-01 Approval of minutes from the December 22, 2020 Regular Motion By: To: Meeting Second: Aye: 21-G-02 Approval of Council appointments to the Community Services Nay: Other: Grants review committee 005  21-G-03 Approval of Council appointments to the Committee on Committees 21-G-04 Approval of support for the “Climate Solutions Now” Petition 13. ACTION ITEMS 21-O-01 Introduction of Ordinance 21-O-01, amending Chapter 141, Motion By: To: Nuisances for Clarification of Prior Notice Requirement for Second: Nuisance Violations – Suellen Ferguson, City Attorney (The virtual Public Hearing will be held on January 26, 2021 at 7:30 p.m.) 21-G-05 Approval of Quarterly Appointments to Advisory Boards Motion By: To: Second: Aye: Nay: Other: 14. GENERAL COMMENTS FROM THE AUDIENCE 15. ADJOURN 16. INFORMATION REPORT: Actions taken to mitigate the discharge of sump pump water runoff – Steve Halpern, City Engineer ➢ 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. 006  PROCLAMATIONS AND AWARDS: In Honor of Dr. Martin Luther King, Jr.  CITY OF COLLEGE PARK, MARYLAND ANNUAL TRIBUTE TO DR. MARTIN LUTHER KING, JR. “Standing Together” WHEREAS, Dr. Martin Luther King, Jr., supported nonviolent action to promote equal rights and economic justice worldwide; and WHEREAS, Dr. King’s many notable speeches, sermons, and writings are among the most revered orations and writings in recent American history; and WHEREAS, the City acknowledges the Civil Rights Movement in the United States of the 1950s and 1960s which argued the injustices of undermining America's claim as a society of peace and justice; and WHEREAS, Dr. King and many other civil rights leaders chose to organize their arguments around the contrasting ideas that the United States was a leader in promoting democracy and rights, while denying those rights to many living in America; and WHEREAS, Dr. King delivered his oration during the St. Louis Freedom Rally on March 22, 1964 in which he called for people to be less concerned with economic, political, and social positions and transform into a “beautiful symphony of brotherhood” to end racism in this Country; and WHEREAS, members of the greater College Park community strive to achieve the many visions of Dr. King, who said that “we must learn to live together as brothers, or we will all perish together as fools.” WHEREAS, This year’s theme is “Standing Together” for though the Annual College Park Tribute to Dr. Martin Luther King, Jr. will not be held in person for the first time in 30 years due to the COVID-19 pandemic and its resulting gathering restrictions, the City will still honor and commemorate Dr. King’s legacy and his fight for social justice. NOW, THEREFORE, BE IT RESOLVED THAT ON Monday, January 18, 2021 the Mayor and Council of the City of College Park join in recognizing the social and spiritual accomplishments of Dr. Martin Luther King, Jr. in the 30th Annual College Park Tribute that will carry forward the spirit and feeling of hopefulness and strengthen the promise of new beginnings. PROCLAIMED this 12th day of January 2021. __________________________________ Patrick L. Wojahn, Mayor City of College Park, Maryland  21-G-01 Approval of Minutes 007  MINUTES Regular Meeting of the College Park City Council Tuesday, December 22, 2020 7:30 p.m. – 8:07 p.m. Due to the COVID-19 Pandemic, this was a virtual meeting. PRESENT: Mayor Wojahn; Councilmembers Kabir, Kennedy, Dennis, Esters, Day, Rigg, Mackie and Mitchell. ABSENT: None. ALSO PRESENT: Scott Somers, City Manager; Bill Gardiner, Assistant City Manager; Janeen S. Miller, City Clerk; Suellen Ferguson, City Attorney; Bob Ryan, Director of Public Services; Jim Miller, Parking Enforcement Manager; Teresa Way-Pezzuti, Director of Human Resources; Adam Rosenbaum, Student Liaison. Mayor Wojahn opened the virtual Regular meeting at 7:30 p.m. CITY MANAGER’S REPORT: This was Mr. Somers’ final meeting. He provided the City holiday schedule and gave a report on the COVID-19 assistance grants. AMENDMENTS TO AND APPROVAL OF THE AGENDA: • 20-G-202 Rigg/Day - Add to Consent: Approval of a Special Council meeting on Monday, January 11 with WSSC about sewage backflow. Motion passed 8-0. • Approve the agenda as amended, Rigg/Mitchell. Motion passed 8-0. PUBLIC HEARING A. Council proposal for Permit Restricted Parking on Beechwood Road, east of US 1 to Rhode Island Avenue, to be enforced Monday – Friday, 7 a.m. – 7 p.m., with a two-hour allowance, and reconsideration in two years. Mr. Miller said complaints have been received from residents of Beechwood Road about non- resident parking on a regular basis which is negatively impacting the residents. He described the location and the enforcement hours that are proposed. Public Comment: Jennifer Cibor, resident: She sees construction workers parking daily and the number is increasing. It has turned a neighborhood street into a parking lot, creating hazardous conditions. She supports the zone. David Stepp, resident: Supports the parking permit zone. He also thinks they need speed bumps. Councilmember Rigg will follow up with him. 008 College Park City Council Meeting Minutes December 22, 2020 Page 2 Adam Rosenbaum, resident: He has also seen the construction workers walking back to their cars parked on Beechwood. Mr. Cibor, resident: In the evening the construction workers sometimes congregate on the street to socialize before they leave. Sometimes there are 4 workers to a car. There being no further public comment, Mayor Wojahn declared the public hearing closed. CONSENT AGENDA: A motion was made by Councilmember Mackie and seconded by Councilmember Rigg to adopt the Consent Agenda which consisted of the following: 20-G-198 Approval of Minutes from the November 17, 2020 Regular meeting; the December 1, 2020 Worksession; and the December 8, 2020 Regular Meeting. 20-G-201 Approval of 2021 Mayor and Council appointments to COG Boards 20-G-202 Approval of a Special Council Meeting on Monday January 11 from 7 – 8:30 with WSSC and the community about sewage backflow. The motion passed 8-0. ACTION ITEMS 20-G-199 Council action on the proposal for Permit Restricted Parking on Beechwood Road, east of US 1 to Rhode Island Avenue, to be enforced Monday – Friday, 7 a.m. – 7 p.m., with a two-hour allowance, and reconsideration in two years. A motion was made by Councilmember Rigg and seconded by Councilmember Day to establish a residential permit parking zone in the 4500 & 4600 blocks of Beechwood Road, with residential permits and visitor passes being provided to the residents therein at no charge, with enforcement being Monday through Friday from 7:00 a.m. to 7:00 p.m. with ‘2 Hour Limit’ parking for non-permit holders, and that Council reconsider permit parking after two years. Councilmember Kabir asked about the construction. Councilmember Rigg suggested that in the future the Council may want to ask where developers plan to park their workers or help them develop a parking plan. Mr. Miller has been in touch with the Bozzuto foreman. Mr. Rosenbaum wondered if the University could rent spaces to construction workers as well. The motion passed 8-0. 009 College Park City Council Meeting Minutes December 22, 2020 Page 3 20-G-200 Award of Contract in RFP CP-21-04 for Executive Search Consultant to Baker Tilley US, LLP of Tysons, Virginia, in an amount not to exceed $24,500, subject to review of the City Attorney. Ms. Way-Pezzuti reviewed the staff report and the RFP process for this consultant. The City Attorney provided the final contract. Councilmember Kennedy asked about adding a resident engagement task to the contract, and whether it should be added now. Ms. Ferguson said there is a provision to allow additional work to be negotiated at the stated rate, so if the Council wants to move in that direction, we can follow up with the consultant. Ms. Way-Pezzuti said the survey would cost $5,000. Council is interested in focus groups. Councilmember Mitchell thought that resident engagement was part of the initial contract and didn’t think it would be an additional cost; she thought it was part of the process. The scope of work does say “key stakeholders,” so it seems to be included. Ms. Ferguson said we should make our expectations clear. A motion was made by Councilmember Kennedy and seconded by Councilmember Rigg that the City award a contract to Baker Tilley US, LLP of Tysons, Virginia as Executive Search Consultant, in substantially the form attached, in an amount not to exceed $24,500. The contract shall be reviewed by the City Attorney, and the City Manager (or Interim City Manager) is authorized to sign the contract. Councilmember Kennedy added that this was a great group of finalists but that Baker Tilley stood out above the rest. The motion passed 8-0. ADJOURN: A motion was made by Councilmember Rigg and seconded by Councilmember Day to adjourn the meeting. The motion passed 8-0 and the meeting was adjourned at 8:07 p.m. _____________________________________ Janeen S. Miller Date City Clerk Approved 010  21-G-02 Approval of Council Appointments-Community Services Grants Review Committee 011  CITY OF COLLEGE PARK, MARYLAND REGULAR MEETING AGENDA ITEM AGENDA NUMBER 21-G-02 Prepared By: Gary Fields, Meeting Date: January 12, 2021 Director of Finance Presented By: Gary Fields, Proposed Consent Agenda: Yes Director of Finance Originating Department: Finance Action Requested: Appointment of Council Subcommittee to review Community Services Grants, other sponsorships, and miscellaneous grant requests. Strategic Plan Goal: Goal 1: One College Park Background/Justification: The City provides a number and variety of funding opportunities for various community-based organizations, programs and projects within the City of College Park (the “City”). The City believes that supporting community activities enhance the community as a whole and provide civic activities, services and programs to City residents that might not otherwise be provided. These are primarily referred to as Community Services Grants and applications are taken in January of each year. There are also sometimes other requests for sponsorships and grants that are received at other times of the year. The subcommittee’s responsibilities include review of Community Services grant applications received in January for recommendation of awards to be made by the City Council. This typically requires one meeting in addition to time spent reviewing applications. Meetings are usually at 6:30 pm on Tuesday, prior to a M&C meeting. They also review other grants and sponsorships requests as received during the year. Requests (applications) are emailed to Subcommittee members for review and recommendation for awards to be made to City Council. This subcommittee does not have any responsibilities with respect to the Education grants or Public Safety micro-grants. Councilmembers Day, Dennis and Kabir were on the subcommittee last year and have volunteered again along with Councilmember Mackie to serve on the subcommittee for FY2021. The Subcommittee may have 3 or 4 members. Fiscal Impact: N/A Council Options: #1: Approve the Grants Subcommittee as recommended. #2: Recommend a different make-up of the subcommittee and approve. #3. Take no action. Staff Recommendation: Option #1. Recommended Motion: I move that the City Council appoint Councilmembers Day, Dennis, Kabir and Mackie as the Grants Subcommittee, and that unless a member is unable to serve in future years, the Subcommittee will stand with this membership until reappointed. Attachments: N/A 012  21-G-03 Approval of Council Appointments to the Committee on Committees 013  CITY OF COLLEGE PARK, MARYLAND REGULAR COUNCIL MEETING AGENDA AGENDA ITEM 21-G-03 Prepared By: Yvette Allen, Meeting Date: 01/12/21 Assistant City Clerk Presented By: Janeen Miller, Consent Agenda: Yes City Clerk Originating Department: Mayor and Council Action Requested: Approval of Council appointments to the Council Subcommittee “Committee on Committees” Strategic Plan Goal: Goal 5: Effective Leadership Background / Justification: As part of the City Council’s 2018 adopted priority goals, the City Council created an informal subcommittee, Committee on Committees (COC), to review the purpose and mission of each of the City’s boards and committees. The COC identified overlap and redundancy and developed recommendations for improvements, including disbandment of those boards and committees no longer needed, relevant, or where alternative solutions to a formal committee supported the intended purpose. The COC also looked at and developed recommendations concerning terms and term lengths of members, and improvements to the appointment and on-boarding process. Resolutions 19-R-22 and 20-R-22 were subsequently adopted to approve their recommendations. Mayor Wojahn and Councilmembers Kennedy, Mitchell and Mackie were on the subcommittee last year. The purpose of this motion is to appoint Mayor Wojahn and Councilmembers Kennedy, Mitchell, Mackie and Esters to this year’s Committee on Committees. Fiscal Impact: None. Council Options: 1: Approve the Committee on Committees Subcommittee as recommended. 2: Recommend a different make-up of the subcommittee and approve. 3. Take no action. Staff Recommendation: #1 Recommended Motion: I move that the City Council appoint Mayor Wojahn and Councilmembers Kennedy, Mitchell, Mackie and Esters as the Committee on Committees, and that unless a member is unable to serve in future years, the Subcommittee will stand with this membership until reappointed. Attachments: None 014  21-G-04 Approval of Support for the “Climate Solutions Now” Legislation 015  CITY OF COLLEGE PARK, MARYLAND REGULAR MEETING AGENDA ITEM AGENDA NUMBER 21-G-04 Prepared By: Bill Gardiner Meeting Date: January 12, 2021 Interim City Manager Presented By: Bill Gardiner Proposed Consent Agenda: Yes Interim City Manager Originating Department: Mayor and Council Action Requested: Support for the “Climate Solutions Now” Petition Strategic Plan Goal: Effective Leadership Background/Justification: The Chesapeake Climate Action Network (CCAN) works on public policies, primarily in D.C., Maryland, and Virginia, to directly address the threat of global warming. Climate Solutions Now is a CCAN petition campaign to pass climate legislation in Maryland. The framework of the legislation is outlined in the attached document and the petition text is also attached. The City has supported the reduction of greenhouse gas emissions and other actions to address global warming in its strategic plans and other actions. Fiscal Impact: N/A Council Options: #1: Approve City support of the Climate Solutions Now petition #2: Request additional information #3. Decline to support the petition Staff Recommendation: Option #1 Recommended Motion: I move that the City Council authorize the Mayor to sign the Climate Solutions Now petition on behalf of the City. Attachments: Climate Solutions Now petition Climate Solutions Now information sheet 016 I support Climate Solutions Now! MARYLAND GENERAL ASSEMBLY Global experts say it’s time for countries to declare a climate emergency. Maryland is one of the most vulnerable states in the nation to the effects of global warming, with flooding and record-breaking heat already a regular occurrence. We need to protect our most vulnerable communities while embracing the new green economy. The Climate Solutions Now bill would play a critical role in helping us protect the environment in Maryland. To: Maryland General Assembly From: [Your Name] I support establishing a scientifically determined net-zero emissions mandate for the state of Maryland. Global experts say it’s time for countries to declare a climate emergency. Maryland is one of the most vulnerable states in the nation to the effects of global warming, with flooding and record-breaking heat already a regular occurrence. We need to protect our most vulnerable communities while embracing the new green economy. For these reasons, I support the Climate Solutions Now campaign, which seeks to ensure a more equitable and safe future for all by: Increasing Maryland’s greenhouse gas reduction mandate to 60% by 2030 and net zero by 2045 Charging the Commission on Environmental Justice and Sustainable Communities with determining what percentage of Maryland’s climate funding must be spent in overburdened, underserved communities Creating a Worker Transition work group that will convene leaders in labor, industry, and policy makers to make recommendations to protect fossil fuel workers Planting 5 million trees, including 500,000 trees in underserved, urban communities Increasing our annual energy efficiency gains from 2% a year to 3% a year Improving air quality monitoring at landfills Requiring new State buildings to be net neutral and require efficiency gains in large residential and commercial buildings 017 Purchasing new electric vehicles as the Maryland fleet turns over Prohibiting highway widening and unproven carbon capture and storage technology as emissions reduction pathways in our state climate planning Requiring accurate accounting of methane impacts and the use of best available scientific information in our climate plans 018  CLIMATE SOLUTIONS NOW Maryland can rebuild the economy with clean energy jobs. This bill would: Move MD’s Greenhouse Gas Reduction I mandate to net neutral by 2045. The Maryland Commission on Climate Change recommends that Maryland achieve net neutrality by 2045 The bill will also require a 60% reduction in greenhouse gas emissions below 2006 levels by 2030 - Current law requires the state to reduce greenhouse gas emissions 40% by 2030 and sets an aspirational goal of 80% by 2050 Invest resources in overburdened communities. • The Commission on Environmental Justice and Sustainable Communities will decide what percent of all state funds invested in climate must be spent in overburdened communities • This provision is based on the New York Climate and Community Investment Act, which is widely considered the gold standard of state environmental justice policies Protect Fossil Fuel Workers. A work group comprised of IBEW, AFL-CIO, registered apprenticeships, construction laborers, and building trades will be formed This work group will make recommendations for workforce development and training for displaced fossil fuel workers. Enact simple, effective policies to reduce and mitigate our emissions, including: Plant 5 million trees by 2030 with 10% (500,000) to be planted in underserved urban areas of the State Increase EMPOWER efficiency gains from 2% to 3% a year Fund bus and passenger vehicle electrification Require air monitoring at landfills Require emission reductions from retrofitted large buildings Require new state buildings to be net neutral, with exceptions for schools Let’s pass Climate Solutions Now 019 Learn more: and protect our children. ccanactionfund.org/maryland/climate-solutions-now  21-O-01 Introduction of Ordinance 21-O-01, amending Chapter 141, Nuisances 020  CITY OF COLLEGE PARK, MARYLAND REGULAR COUNCIL MEETING AGENDA AGENDA ITEM 21-O-01 Prepared By: R. W. Ryan, Public Services Director Meeting Date: 01/12/2021 Presented By: Suellen Ferguson, City Attorney and Consent Agenda: No R.W. Ryan, Public Services Director Originating Department: City Attorney and Public Services Action Requested: Introduction of Ordinance 21-O-01, amending Chapter 141, Nuisances for Clarification of Prior Notice Requirement for Nuisance Violations Strategic Plan Goal: Goal 1: One College Park Background/Justification: Chapter 141, “Nuisances”, Article 1, was adopted by the Mayor and Council to, in part, prohibit whatever is dangerous to life or health; whatever renders air, food, water or drink unwholesome or unfit for the use of people; and whatever odors or exhalations are offensive or dangerous to the public health. This prohibition is enforced through the municipal infraction process, which also allows the City to request abatement of the violation. Notice prior to issuance of a municipal infraction is required by §141-9 and is used to encourage compliance with the City Code. However, this provision was not intended to apply in emergency situations which require immediate action. This amendment clarifies that prior notice of a violation is not required before a municipal infraction is issued in emergency situations, and situations involving conditions and/or activities that are prohibited due to a declared state of emergency. In those cases, a prior notice requirement would impede immediate resolution of a significant public health danger. Proposed amendments to Chapter 141 are attached. The virtual Public Hearing is scheduled for January 26, 2021 at 7:30 p.m. Fiscal Impact: None Council Options: 1. Introduce Ordinance 21-O-01 with clarification as proposed. 2 Introduce a different ordinance. 3. Take no action. Staff Recommendation: #1 Recommended Motion: I move to introduce Ordinance 21-O-01, amending Chapter 141, Article I, §141-9 to clarify that prior notice of a violation is not required before a municipal infraction is issued in emergency situations, and situations involving conditions and/or activities that are prohibited due to a declared state of emergency. Attachments: 1. Chapter 141-1 2. Proposed Ordinance 021  City of College Park, MD Friday, January 8, 2021 Chapter 141. Nuisances [HISTORY: Adopted by the Mayor and Council of the City of College Park 1-8-1985 by Ord. No. 84-O-13. Amendments noted where applicable.] GENERAL REFERENCES Air pollution — See Ch. 78. Fees and penalties — See Ch. 110. Refuse, solid waste, yard waste and special trash — See Ch. 119. Litter and graffiti — See Ch. 132. Noise — See Ch. 138. Property maintenance — See Ch. 157. Article I. General § 141-1. Nuisances outlined. [Amended 9-24-72019 by Ord. No. 19-O-13] Whatever is dangerous to life or health; whatever renders air, food, water or drink unwholesome or unfit for the use of people; whatever odors or exhalations are offensive or dangerous to the public health; and whatever accumulations of animal or vegetable matter, solid or liquid, are dangerous or harmful to the public health or are likely to become so are hereby declared to be nuisances within the scope and meaning of this chapter. It is unlawful for any person to create a nuisance on public or private property, and for any person to allow a nuisance to exist on any property that they own, occupy or control. § 141-2. Duties of Public Services Department. [Amended 9-10-1991 by Ord. No. 91-O-22] The duties of the Public Services Department, as they relate to this chapter in general, shall be to cause to be executed and observed all ordinances for the preservation of the health and well-being of the people of the city; to examine from time to time the sanitary condition of all streets, roads and alleys in the City and lots and properties abutting thereon and cause to be abated or removed all nuisances tending to create a nuisance thereon which, in its opinion, would endanger health; to investigate all complaints as to the existence of alleged nuisances on any premises or enclosure and, if found, to cause the abatement thereof; and generally to notice all things that relate to the preservation of the health of the people of the city. It shall particularly observe and investigate all places where groceries or prepared food is sold, and, if conditions are found which are deemed a menace to health, it shall cause the nuisance to be abated. § 141-3. Dumpsters and other storage receptacles. [Amended 10-8-1985 by Ord. No. 85-O-9; 1-13-2004 by Ord. No. 03-O-12; 6-12-2007 by Ord. No. 07-O-12] A. Commercial or residentially zoned properties using a commercial dumpster service for regular trash collection must file with the City a copy of their contract for the services. Each contractor must furnish a minimum of two pickups weekly. All dumpsters furnished by the contractor must be watertight, with a lid that must remain closed. Each dumpster must sit on a concrete or asphalt pad to be at least the same size as the dumpster. The dumpster must be placed to the rear or side of the property, and in any case to the rear of the front building restriction line. In cases where the dumpster is visible to the general public, said dumpster must be enclosed by some means of screening, such as stockade-type fence, to 022 completely obscure it from such view and must be located a minimum of 10 feet from any public sidewalk. B. No dumpster or other receptacle for the storage or transport of construction or other debris, or for the storage of household or other items, greater in size than three cubic yards, shall be placed on residential property without a permit issued by the City. Permits shall expire not later than 30 days after issuance, and shall be subject to such further conditions as the City Manager may require. A permit may be extended for up to an additional 60 days in any twelve-month period by the Director of Public Services, and thereafter by the City Manager for up to an additional 90 days in the same period upon good cause shown. Any further extension within the same period may be authorized only by the Mayor and City Council upon a showing of exceptional circumstance. § 141-4. Deposit of refuse in public areas. A. It shall be unlawful for any person to deposit refuse in the streets, alleys, lanes, sidewalks or any other public areas of the City of College Park, except in refuse receptacles placed by the City in various locations throughout the City or in private commercial containers designed for the deposit and removal of refuse, except that normal household refuse may be placed in front of single-family homes in City refuse toters, but not more than 24 hours prior to the refuse pickup day designated for the area in which the subject property is located. B. Items for special collection, such as washers, dryers, refrigerators, etc., may be placed at the curb of residential property for pickup in accordance with the policy established by the Department of Public Works and approved by the City Council regarding special refuse collection. Residents may inquire about said policy by contacting the City Department of Public Works. [Amended 8-12-1997 by Ord. No. 97-O-8] C. The City shall also have the option of picking up illegally placed refuse in advance of the next scheduled pickup date and shall charge the owner of said premises for the cost of such pickup, and any cost shall constitute a lien on said premises and may be collected in the same manner and at the same time as are the property taxes. § 141-5. Maintenance of public sidewalks. A. It shall be the duty of every owner or occupant of any property within the City of College Park to remove and clear away any accumulation of ice, sleet or snow impeding safe pedestrian traffic from the portion of the public sidewalk which abuts on said building or parcel of land within 24 hours after the ceasing to fall of any such snow, sleet or ice. B. It shall be unlawful for any owner or occupant of any property to allow or let any public sidewalk in front of or beside his/her property to become unsightly from any form or substance that might be construed to be detrimental to the health, safety and welfare or that might be an impediment to the safe passage of any pedestrian. § 141-6. Refuse toter and recycling containers. [Amended 9-10-1991 by Ord. No. 91-O-22; 11-26-1991 by Ord. No. 91-O-23; 1-13-1998 by Ord. No. 97-O-20] A. It shall be the duty of every owner or occupant of each private residence, apartment house, commercial establishment and any other place of business or residence using refuse toters and recycling container(s) to place for pickup the toter, recycling container(s), other refuse, yard waste and special trash at the curb in front of the property they occupy not more than 24 hours in advance of the scheduled pickup. All refuse toters, recycling container(s), other refuse, yard waste and special trash shall be stored at the rear of the property or on the side of the house and adjacent to any part of the main structure located thereon prior to being placed at the curb for pickup. It shall be unlawful for any owner or occupant of any property to place a toter, recycling container, yard waste or other refuse or special trash in front of any property not occupied by them, or upon any street, curb or sidewalk. Further, it shall be unlawful to place any refuse toter, recycling container, other refuse, yard waste or special trash for collection more than 24 hours in advance of the scheduled pickup. All refuse toters and recycling containers shall be placed for storage in accordance with this section prior to 12:00 midnight on the refuse pickup day. In no event shall a refuse 023 toter or recycling container be placed at the curb or in the front yard for a period of more than 48 hours. [Amended 10-25-2005 by Ord. No. 05-O-11] B. Refuse and recycling collection service for the disabled. Upon a showing of qualification, the City shall provide refuse and recycling pickup service to physically disabled residents. The responsibility for qualifying for this service shall rest with the resident. Age alone shall not be considered sufficient reason for disabled refuse and recycling pickup service. For purposes of this section, "refuse and recycling pickup service" shall mean the collection of refuse and recyclables from a clearly identifiable area by, in front of, beside of or behind the house, in a carport or on a driveway. In order for a person to be eligible for disabled refuse and recycling pickup service, the person must make a request to the City Department of Public Works to provide such service and certify that there are no members of the household who are physically able to carry refuse and recyclables to the curb. The person must also submit to the Department of Public Works a doctor's certificate indicating that they are physically unable to carry the refuse and recyclables to the curb. C. If the topography of a property does not permit the storage of refuse toters and recycling containers in accordance with Subsection A hereof, the owner or occupant shall make a request to the City Department of Public Services to place said toters and containers for storage in an alternate inconspicuous location. The placement of toters and containers for storage in alternate locations shall be approved in writing by the Director of Public Services. The owner(s) or occupant(s) affected by the decision of the Director of Public Services shall have the right to appeal the decision to the Advisory Planning Commission in accordance with the provisions of Chapter 125, Housing Regulations of the City Code, § 125-4, Appeals to Advisory Planning Commission. [Amended 9-24-2002 by Ord. No. 02-O-3] § 141-7. Signs and advertisements. [Amended 9-10-1991 by Ord. No. 91-O-22; 5-10-2011 by Ord. No. 11-O-05; 11-9-2011 by Ord. No. 11-O-13] A. Signs or advertisements in City rights-of-way. It shall be unlawful for any person to post or allow to be posted in any manner in or on any City right-of-way, public street, sidewalk, thoroughfare or other public way or to any lamppost, public utility pole or tree in said public way, any sign or form of advertisement without notifying and obtaining permission from the City Public Services Department. Political signs or other political matter may not be posted more than 45 days prior to an election. Such material must be removed within 48 hours after the event or election. B. Signs in a State of Maryland right-of-way. Except for a sign placed or maintained by the state or with the authorization of the state, a person may not place or maintain a sign, or direct, consent to, or approve the placement or maintenance of a sign, within a state highway right-of-way located within the corporate limits of the City. (1) Without resort to legal proceedings, a sign placed or maintained in violation of this subsection may be removed and destroyed by City personnel. (2) A person that places or maintains a commercial sign within the right-of-way of a state highway in violation of this subsection is subject to a civil penalty not exceeding $25 per commercial sign, which, if not paid after being cited and assessed, may be recovered by the City in a civil action in the District Court. The City may also seek an injunction against further violations of this subsection. For a three- month period after initiating a sign removal program, a commercial sign violation under this Subsection B(2) may be enforced only through issuance of a warning. (3) The City shall enforce this Subsection B on a viewpoint and content neutral basis. (4) For the purposes of enforcing this Subsection B, the presence of a sign within a state highway right- of-way shall be evidence that the sign was placed or maintained at the direction of, or with the consent and approval of, the person or the person's agent or representative in the state whose name, business, location, or product representation is displayed on the sign. § 141-8. Maintenance of adjoining rights-of-way. [Added 3-22-1988 by Ord. No. 87-O-9] 024 It shall be the duty of the occupant or owner in possession of property adjoining an unimproved public right-of- way adjacent to an improved public right-of-way, i.e., roadway or street, to ensure that grass or weeds on the unimproved public right-of-way are cut so as to limit their height to 12 inches. § 141-9. Violations and penalties. [Amended 4-9-1985 by Ord. No. 85-O-4; 3-22-1988 by Ord. No. 87-O-9; 12-10-1991 by Ord. No. 91-O-24; 7- 10-2001 by Ord. No. 01-O-6; 1-13-2004 by Ord. No. 03-O-12] A. Whenever the Code Enforcement Officer determines that there are reasonable grounds to believe that there has been a violation of any provision of this chapter or of any rule or regulation adopted pursuant thereto, he/she shall give notice of such alleged violation to the person or persons responsible therefor, as hereinafter provided. Such notice shall: (1) Be in writing; (2) Include a statement of the reasons for issuance; (3) Allow a reasonable time for compliance; and (4) Be served upon the owner or his/her agent or the occupant, as the case may require. Such notice shall be deemed to be properly served if delivered personally to the owner/agent or occupant, if a copy thereof is sent by regular mail to the last known address of the individual, if a copy thereof is posted in a conspicuous place in or about the dwelling affected by the notice, or if a copy thereof is served by any other method authorized or required under the laws of this state. [Amended 10-25-2005 by Ord. No. 05-O-11] B. Such notice may contain: [Amended 10-25-2005 by Ord. No. 05-O-11; 6-12-2007 by Ord. No. 07-O-12] (1) An outline of remedial action which, if taken, will effect compliance with the provisions of this chapter and with the rules and regulations adopted pursuant thereto. (2) The requirement that the violation must be fully corrected within 30 days if involving a violation of § 141-3A, within five days if involving a violation of § 141-3B, within 10 days if involving a violation of § 141-8, and within 24 hours, if involving a violation of the remainder of the chapter provisions; a statement that a municipal infraction may be issued for each violation, and for each successive period of noncompliance; and a statement that the notice constitutes the only notice which the person will receive regarding a violation of the applicable section for the twelve-month period following the date that the notice is issued, and that a citation may issue immediately for any repeat violation during the period. C. A violation of the provisions of this chapter shall constitute a municipal infraction and shall be subject to the fines and penalties set forth in Chapter 110 of the College Park Code. Subsequent violations shall be subject to a doubled fine as set forth in Chapter 110, Fees and Penalties. [Amended 10-25-2005 by Ord. No. 05-O-11] § 141-10. through § 141-11. (Reserved) Article II. Unruly Social Gatherings [Adopted 9-24-2019 by Ord. No. 19-O-13] § 141-12. Definitions. In this article, the following terms shall have the meanings indicated. ALCOHOLIC BEVERAGE As defined in § 1-101 of the Alcoholic Beverages Article of the Annotated Code of Maryland. 025 ILLEGAL CONTROLLED SUBSTANCE  A drug or substance, the possession and use of which is regulated under the State Controlled Dangerous Substances Act.[1] The term does not include any drug or substance for which a person has a valid prescription issued by a licensed medical practitioner authorized to issue such a prescription or is otherwise authorized by law. PROPERTY OWNER Any person who owns a property or has charge, care or control of a property as a legal owner RESIDENCE OR OTHER PRIVATE PROPERTY A residential property, including without limitation a detached, attached, or semidetached single-family dwelling, a row home, townhome, apartment, condominium, or other dwelling unit, or a yard or curtilage of a residence, a hall, meeting room, hotel or motel room, whether occupied on a temporary or permanent basis, whether occupied as a dwelling, party or other social function, and whether owned, leased, rented, or used with or without compensation, including contiguous properties, and any buildings, structures or other improvements situ a ted thereon or affixed thereto. RESPONSIBLE PERSON An owner of, or occupant with a right of possession in, the residence or other private property on which an unruly social gathering is conducted. A responsible person for the unruly social gathering need not be physically present at such gathering. UNRULY SOCIAL GATHERING A party, event, or assemblage of eight or more persons at a residence or other private property where: A. Alcoholic beverages are being furnished to, consumed by, or in possession of any underage person in violation of state law; or B. Behavior or conduct is occurring that results in a substantial disturbance of the peace and quiet enjoyment of private or public property, which may include the following: (1) Excessive noise as prohibited in § 138-5 of the City Code; (2) Excessive traffic that is significantly above and beyond the normal amount of pedestrian or vehicle traffic for the day, date, and time of day for the neighborhood; (3) Use of an illegal controlled substance by any person at the gathering; (4) Obstruction of public streets or the presence of unruly crowds that have spilled onto public streets; (5) Public drunkenness or unlawful consumption of alcohol or alcoholic beverages; (6) Assaults, batteries, fights, or other disturbances of the peace; (7) Vandalism of public or private property; (8) Public urination or defecation; (9) Littering; or (10) Other conduct which constitutes a threat to the public safety, quiet enjoyment of residential or other private property, or the general welfare. [1] Editor's Note: See the Criminal Law Article of the Annotated Code of Maryland, § 5-101 et seq. § 141-13. Unruly social gatherings prohibited. An unruly social gathering is declared a nuisance for purposes of this chapter. It is unlawful for a property owner or any responsible person to conduct, cause, aid, allow, permit, or condone an unruly social gathering at a residence or other private property. 026 § 141-14. Violations and penalties. A. A violation of § 141-13 is subject to a municipal infraction with a penalty as provided in Chapter 110 of the Code and is a separate offense from any other violations of law or offenses that occur during an unruly social gathering. B. A municipal infraction based only on excessive noise will not be issued under this section if one is issued under § 138-6 of the City Code for the same occurrence. Excessive noise will not be cited as part of a municipal infraction issued under this section unless an accurate sound-level meter reading for the same occurrence is not feasible or practicable. C. A Code Enforcement Officer or peace officer who determines that an unruly social gathering exists in violation of § 141-13 may issue a municipal infraction for the violation to all identified responsible persons. For a first offense within any twenty-four-month period, an owner will be issued a warning. For a second or subsequent offense in a twenty-four-month period, the owner is subject to a municipal infraction. For a third offense in a twenty-four-month period, the owner is also subject to suspension or revocation of any occupancy permit for the residence or other private property. D. The Public Services Director may schedule a show-cause hearing before the College Park Advisory Planning Commission as to why the City occupancy permit for the property should not be suspended for one or more years, or revoked, for three or more violations of the provisions of this article within any twenty-four-month period. 027  21-O-01 ORDINANCE OF THE MAYOR AND COUNCIL OF THE CITY OF COLLEGE PARK, AMENDING CHAPTER 141, “NUISANCES”, BY REPEALING AND RE-ENACTING §141-9, “VIOLATIONS AND PENALTIES”, TO CLARIFY THAT §141-9A DOES NOT REQUIRE NOTICE PRIOR TO ISSUANCE OF A MUNICIPAL INFRACTION IN EMERGENCY SITUATIONS, OR FOR CONDITIONS AND/OR ACTIVITIES THAT ARE PROHIBITED DUE TO A DECLARED EMERGENCY. WHEREAS, §5-202 of the Local Government Article of the Annotated Code of Maryland provides that the Mayor and Council of the City of College Park have the authority to pass such ordinances as it deems necessary to preserve peace and good order, and to protect the health, comfort and convenience of the residents of the municipality; and WHEREAS, the Mayor and Council have adopted Chapter 141, “Nuisances” to prohibit any person from creating a nuisance on public or private property, and to prohibit any person from allowing a nuisance to exist on any property that they own, occupy or control.; and WHEREAS, a nuisance is defined as whatever is dangerous to life or health; whatever renders air, food, water or drink unwholesome or unfit for the use of people; whatever odors or exhalations are offensive or dangerous to the public health; and WHEREAS, while Chapter 141 provides for prior notice with respect to certain violations prior to issuance of a municipal infraction, this was not intended to apply to emergency situations, or to prohibited conditions and/or activities taking place during a declared emergency; and WHEREAS, the Mayor and Council determined that it is in the public interest to clarify that §141-9A does not require notice prior to issuance of a municipal infraction for ____________________________________ 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 CAPS :Indicate matter added in amendment [Brackets] : Indicate matter deleted in amendment 028  21-O-01 emergency situations, or for conditions and/or activities that are prohibited due to a declared emergency. Section 1. NOW THEREFORE, BE IT ORDAINED AND ENACTED, by the Mayor and Council of the City of College Park that Chapter 141 “Nuisances”, §141-9, “Violations and Penalties” be and is hereby repealed and reenacted with amendments to read as follows: § 141-9Violations and penalties. A. Whenever the Code Enforcement Officer determines that there are reasonable grounds to believe that there has been a violation of any provision of this [chapter] ARTICLE or of any rule or regulation adopted pursuant thereto, he/she shall give notice of such alleged violation to the person or persons responsible therefor, as hereinafter provided. Such notice shall: (1) Be in writing; (2) Include a statement of the reasons for issuance; (3) Allow a reasonable time for compliance; and (4) Be served upon the owner or his/her agent or the occupant, as the case may require. Such notice shall be deemed to be properly served if delivered personally to the owner/agent or occupant, if a copy thereof is sent by regular mail to the last known address of the individual, if a copy thereof is posted in a conspicuous place in or about the dwelling affected by the notice, or if a copy thereof is served by any other method authorized or required under the laws of this state. 5. THE NOTICE REQUIRED IN THIS SUBSECTION NEED NOT BE GIVEN PRIOR TO ISSUANCE OF A MUNICIPAL INFRACTION IN CASES INVOLVING AN EMERGENCY OCCURRENCE, OR FOR A CONDITION AND/OR ACTIVITY PROHIBITED DUE TO A DECLARED STATE OF EMERGENCY. B. Such notice may contain: (1) An outline of remedial action which, if taken, will effect compliance with the provisions of [this chapter] ARTICLE I and with the rules and regulations adopted pursuant thereto. (2) The requirement that the violation must be fully corrected within 30 days if involving a violation of § 141-3A, within five days if involving a violation of § 141-3B, within 10 days if involving a violation of § 141-8, and within 24 hours, if involving a violation of the remainder of [the chapter] ARTICLE I provisions; a statement that a municipal infraction may be issued for each violation, and for each successive period of noncompliance; and a 2 029  21-O-01 statement that the notice constitutes the only notice which the person will receive regarding a violation of the applicable section for the twelve-month period following the date that the notice is issued, and that a citation may issue immediately for any repeat violation during the period. C. A violation of the provisions of [this chapter] ARTICLE I shall constitute a municipal infraction and shall be subject to the fines and penalties set forth in Chapter 110 of the College Park Code. Subsequent violations shall be subject to a doubled fine as set forth in Chapter 110, Fees and Penalties. * * * * 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 if time permits, 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 on the day of 2021, 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. That this Ordinance shall become effective twenty days after adoption provided that, as soon as practicable after adoption, the City Clerk shall post a fair summary of the Ordinance and notice of its adoption at City Hall, to the official City website, to the City-maintained e-mail LISTSERV, on the City cable channel, and in any City newsletter. 3 030  21-O-01 If any section, subsection, provision, sentence, clause, phrase or word of this Ordinance is for any reason held to be illegal or otherwise invalid by any court of competent jurisdiction, such invalidity shall be severable, and shall not affect or impair any remaining section, subsection, provision, sentence, clause, phrase or word included within this Ordinance, it being the intent of the City that the remainder of the Ordinance shall be and shall remain in full force and effect, valid and enforceable. Introduced on the ____ day of ___________, 2021 Adopted on the ____ day of ______________, 2021 Effective on the _____ day of _______________, 2021 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 4 031  21-G-05 Approval of Quarterly Appointments to Advisory Boards 032  CITY OF COLLEGE PARK, MARYLAND REGULAR COUNCIL MEETING AGENDA AGENDA ITEM 21-G-05 Prepared By: Yvette Allen, Meeting Date: 01/12/21 Assistant City Clerk Presented By: Janeen Miller, Consent Agenda: No City Clerk Originating Department: Mayor and Council Action Requested: Quarterly Appointments to Advisory Boards Strategic Plan Goal: Goal 5: Effective Leadership Background / Justification: The City Council adopted the recommendations of the Committee on Committees by Resolution 19-R-22 in November 2019. The City solicited applications for board vacancies and the Mayor and Council appointed the members at their September 22, 2020 meeting. It was agreed that appointments to fill remaining vacancies would occur quarterly. The City has continued to solicit applications to fill these vacancies and received serval applications. The City Council reviewed the applications in Closed Session on January 5, 2021. The method of assigning the term length to individual members is determined by Resolution 20-R-22. Tonight’s appointees will fill terms that were determined on September 22 to achieve staggered terms originally planned. Fiscal Impact: None. Council Options: 1. Approve the appointments as shown on the attached appointment list. 2. Modify, and then approve the appointments. 3. Take no action and delay the appointments. Staff Recommendation: #1 Recommended Motion: I move to approve the advisory board appointments shown on the attached Board and Committee Appointments 01/12/21 list. Attachments: Board and Committee Appointments 033  Board and Committee Appointments 01/12/21 Animal Welfare Committee • Stacy Teng – District 2 - Term to expire: June 30, 2021. • Stephanie Stullich – District 3 – Term to expire: June 30, 2023. Committee For A Better Environment • Stacy Teng – District 2 – Term to expire: June 30, 2022. Education Advisory Committee • Daniel Levin – UMCP Recommendation – Term to expire: June 30, 2021. Martin Luther King, Jr. Tribute Committee • Samuel Ticha – District 2 – Term to expire: June 30, 2023. Noise Control Board • Kerry Snow – District 1 – Alternate Appointee – Term to expire: June 30, 2023. Recreation Board • Lindsay Dively – District 2 – Term to expire: June 30, 2022. 034  INFORMATION REPORT: Actions taken to mitigate the discharge of sump pump water runoff 035  CITY OF COLLEGE PARK, MARYLAND INFORMATION REPORT Prepared By: Steven Halpern, City Engineer Agenda Date: 01/12/21 Presented By: N/A – Information Report Originating Department: Engineering Action Requested: No Action Required n Goal Strategic Plan Goal: Strategic Plan Goal 4: Quality Infrastructure Background/Justification: In recent years, the City has experienced an increase in extreme weather events and record-breaking yearly rainfall. This precipitation has led to higher groundwater levels, saturated soils and inundated stormwater systems. These conditions have increased sump pump discharge volumes and exposed the need for this policy. A sump pump is a mechanism that removes excess water from a property to prevent flooding and water damage. A sump pump is typically installed below grade, such as in a basement, and includes a pipe to remove accumulating water to the surface and away from the structure. The discharge from sump pump pipes must be appropriately handled to prevent ponding, icing, soil erosion and other conditions that can affect property owners, their neighbors, sidewalks, and the street. This policy formalizes assessment procedures and provides consistent guidelines for management of sump pump discharge. This policy addresses sump pump discharge and does not supersede relevant Prince George’s County code, nor does it address building codes related to sump pump drainage systems. Fiscal Impact: No Fiscal Impact Council Options: N/A – This is for informational purposes. Attachments: Sump Pump Policy 036 College Park Sump Pump Policy City of College Park, MD City Engineer’s Office v1.0 - 06/01/2020 1. Introduction This policy formalizes assessment procedures and provides consistent guidelines for management of sump pump discharge. This policy addresses sump pump discharge and does not supersede relevant Prince George’s County code, nor does it address building codes related to sump pump drainage systems. Background A sump pump is a mechanism that removes excess water from a property to prevent flooding and water damage. A sump pump is typically installed below grade, such as in a basement drain, and includes pipe to remove accumulating water to the surface and away from the structure. The discharge from sump pump pipes must be appropriately handled in order to prevent ponding, icing, soil erosion and other conditions that can affect property owners and their neighbors. In recent years, the City has experienced an increased in extreme weather events and record-breaking yearly rainfall. This precipitation has led to higher groundwater levels, saturated soils and inundated stormwater systems. These conditions have increased sump pump discharge volumes and exposed the need for this policy. Policy Summary • Discharge must be 10’ from property lines. • Discharge into street curb and gutter requires: ✓ Approval of City Engineer ✓ Restoration of sidewalk and curb 2. City of College Park Sump Pump Discharge Guidance 2.1. Discharge may not be connected to wastewater/sanitary sewer. 2.2. Water may not be discharged within 10’ of property line, unless excepted. 2.3. Exceptions to 10’ discharge rule: 2.3.1.Where a discharge pipe directly enters a public storm water collection system. ✓ Requires a permit from Prince George’s County. 2.3.2.Where a discharge pipe enters a City-maintained street with curb and gutter. ✓ Applies only to City-maintained streets. ✓ Requires the City Engineer’s determination that the curb and gutter will adequately guide water to the storm water collection system. ✓ Requires a City of College Park Permit. 2.3.3.Where characteristics of the property do provide adequate conditions to adhere to the 10’ rule. 1 037  2.3.4.Conditions of Exception ✓ If the installation or maintenance of a sump pump discharge pipe affects any City asset including sidewalks or curb, that asset must be restored according to the specifications of the City Engineer’s Office. ✓ The pipe may not interfere with normal use of sidewalks (cannot be placed over) or roads and may not create any hazard. ✓ No exception can result in nuisance conditions in city right-of-way or adjacent properties. 2.4. Sump pump water should not be discharged within 5’ of a sidewalk. 2.5. Sump pump discharge may not create nuisance conditions in city right-of-way or other properties adjacent to owner’s property. These conditions may include ponding, soil erosion or icing. 2.5.1.This includes both pipes directly discharging into the right-of-way or flowing from the property, even if the discharge point is greater than 10 feet from the property line. 2.5.2.This includes City property/Right-of-way, other (non-City) public property/Right-of-way and private property. 2.5.3.In places where the natural flow of surface water leads to neighboring property, the flow cannot be observable after 24 hours of rain event. The remainder of the document provides additional details and resources to further assist property owners in managing sump pump discharge. 3. Prince George’s County Sump Pump Discharge Guidance The relevant points below are not exhaustive. Please refer to Prince George’s County code for a complete list. • Discharge to a properly graded open area provided the point of discharge is ten (10) feet from any property line or Building Restriction Line (BRL). • Shall be discharged into a publicly maintained drainage system or continuously flowing natural water course to safely convey surface and ground water in such a manner to prevent detrimental erosion, overflow, ponding or nuisance of any kind in accordance with applicable design criteria, standards and procedures as contained herein and as required by approved standards and regulation. 4. Other Considerations This policy was developed to reduce the likelihood of nuisance conditions in the City right-of-way and between adjacent properties. Although not addressed here, the property owner should also consider: 2 038  • The design for a sump pump discharge point should include enough area to allow for adequate water infiltration. • The need to discharge sump pump water at an appropriate distance from the building structure. • Discharge should not be directed to an area prone to ponding. • Prince George’s County code will apply to discharge points on the property. 5. Discharge Strategies There are several strategies that might be considered to manage sump pump discharge, including: • Create a rain garden. For resources see Prince George’s County Rain Check Program: https://www.princegeorgescountymd.gov/310/Rain-Check-Program • Build a French drain • Collect in a cistern or rain barrel for other use. 6. Resources 6.1. Prince George’s County Code • Subtitle 4: Section 4-251 • Subtitle 32: Section 32-162 6.2. Prince George’s County, Stormwater Management Design Manual, Chapter 8.3.9, September 2014 6.3. Prince George’s County Department of the Environmental Resources, Residential Drainage, A Homeowner’s Guide to Drainage Problems and Solutions, December 1998. References: Prince George’s County Code - Subtitle 4: Section 4-251; Subtitle 32: Section 32-162 Prince George’s County – Stormwater Management Design Manual, Chapter 8.3.9, September 2014 3 039