Mayor & City Council
Regular MeetingCollege Park, MD · June 8, 2021
Minutes
WORKSESSION MINUTES
College Park City Council
Tuesday, June 8, 2021
7:30 p.m. – 10:09 p.m.
Due to the COVID-19 Pandemic, this was a Virtual Meeting.
PRESENT: Mayor Wojahn; Councilmembers Kabir, Kennedy, Dennis, Esters, Day,
Rigg, Mitchell (arrived at 7:39 p.m.), and Mackie.
ABSENT: None.
ALSO PRESENT: Bill Gardiner, Interim City Manager; Janeen S. Miller, City Clerk; Suellen
Ferguson, City Attorney; Terry Schum, Director of Planning; Bob Ryan,
Director of Public Services; Kiaisha Barber, Director of Youth, Family
and Senior Services; Katie Hart, Community Development Planner; Steve
Halpern, City Engineer; Teresa Way-Pezzuti, Director of Human
Resources; Megha Sevalia, Student Liaison; Hayden Renaghan, Deputy
Student Liaison.
Mayor Wojahn opened the Virtual Worksession at 7:30 p.m. and welcomed the new Student
Liaison and Deputy Student Liaison.
City Manager’s Report: Mr. Gardiner announced free summer parking in the downtown
parking garage; the Jack Perry Award nomination period is open; two meetings next week:
Duvall Field Design Meeting on Wednesday June 16 and a mosquito workshop on Thursday
June 17; and the upcoming Pollinator Week activities sponsored by the Bee City USA
Committee.
Amendments to /Approval of Agenda:
Motion by Councilmember Esters, second by Councilmember Rigg, to approve the agenda as
presented, passed 7-0.
Proclamations: Mayor Wojahn read the Proclamations for PRIDE Month and for Immigrant
Heritage Month.
Lakeland S.T.A.R.s Presentation: Jeany Cadet, Director of the Lakeland S.T.A.R.s program
for the University of Maryland, described the program and the adjustments that were needed this
past year due to COVID restrictions. She introduced the tutors who gave a presentation on their
activities. This is their 24th year. They had 50 Paint Branch students in the program this year.
College Park Worksession Minutes
June 8, 2021
Page 2
Discussion items:
1. Proposed projects for the City’s Program Open Space (POS) allocation for FY ’22: Ms.
Schum and Ms. Hart provided an overview of Program Open Space and reviewed the status
of the City’s current projects. Program Open Space is a state of Maryland program funded
by real estate transfer taxes; as such, allocations fluctuate each year. Funds may be used for
acquisition or development, depending on state guidelines. When you acquire property using
POS funds, you agree to keep the property as open space in perpetuity.
Acquisition (can use 100% of funds without a match):
$77,000 that was leftover from Hollywood Gateway Park and College Park Woods Swim
Club can be reprogrammed.
$150,000 from the Sentinel Sanctuary Swamp can come back into the pot for reuse.
The neighborhood category is used to accumulate funds; unused amount is $640,000.
Total unallocated funding for acquisition is $867,000, not including this year’s allocation.
Development Projects (requires 25% match of City funds):
$75,000 not used for Duvall Field is available.
The Hollywood wellness trail, part of Hollywood Streetscape, can be funded through
POS.
Total unallocated funding of $171,000 available for reprogramming.
Options:
1. Use Entire allocation of past and present is $1.327M for acquisition.
2. Use $459,497 for development and $867,681 for acquisition
Possible properties previously discussed for acquisition: 4700 Edgewood Road; Washington Post
property; Branchville Road; Roanoke Place. Also Phase 2 of the College Park Woods property.
Deadline for submitting annual program is June 18 but we can reprogram it later.
Councilmember Kennedy would like to see priorities framed within the Strategic Plan. She
supports projects already on the books: fitness trail, sanctuary swamp and College Park Woods
property.
Councilmember Rigg supports the sanctuary swamp.
Councilmember Kabir would like staff to hold a listening session with the community on
acquisition projects.
Councilmember Mitchell supports the College Park Woods property, the District 3 request, and
hopes the Strategic Plan can guide the staff’s recommendations.
Councilmember Esters said community members have expressed interest in the acquisition of
5100 Roanoke, and supports the D 3 and D 4 requests.
College Park Worksession Minutes
June 8, 2021
Page 3
Councilmember Mackie supports the D 4 and D 3 requests and 5100 Roanoke. She would hate
for us to leave money on the table and supports any potential to increase our tree canopy or plant
pollinators (acquisition over development).
Councilmember Dennis supports Roanoke Place and Washington Post properties for acquisition.
Mayor Wojahn summarized: Roanoke Place and Washington Post properties for acquisition
funds. Sentinel Swamp, Hollywood Wellness Trail, and College Park Woods Property for
development funds.
Ms. Schum said this is a first step. There will be much more discussion.
2. Discussion of whether to accept jurisdiction of Wake Forest Path AND discussion of
policy regarding dedicated rights-of-way
Mr. Gardiner described the Wake Forest path. The City has not accepted this Right-Of-Way
(ROW) so we have never maintained it. He reviewed the 2003 policy. The owners are only
requesting that the City take care of the tree, but our policy isn’t clear on this type of situation.
Tree work estimated between $2,000-$3,000. The City could take care of the tree trimming if
the property owners petition to take over the ROW. Or, the City could accept and maintain the
ROW. Ms. Ferguson added that generally if the City does not accept jurisdiction of a ROW, it
would not maintain it.
Councilmember Rigg described this as a narrow strip of undeeded land not owned or controlled
by anyone. Sometimes the land is used by adjoining property owners, sometimes not. Our
current policy does not address this circumstance. We can address this one narrow question
about this tree tonight, or more broadly assume maintenance of trees on all of these undeeded
strips of land, or do nothing. The adjoining property owners are not interested in acquiring the
property.
If there were a path there, would it be a useful public amenity? Staff has indicated it would be
difficult to keep it as an accessible public path.
Mayor Wojahn said there are different fact patterns in each case and asked if the staff
recommendation been discussed with the residents? Mr. Gardiner said it has not been presented
formally; we wanted this input first.
Councilmember Rigg would like the City to engage with property owners regarding the staff
recommendation to pay for tree maintenance in exchange for the property owners to petition to
abandon ROW, since there is no encroachment in this case.
Request future Worksession on ways to handle situations (like this) that aren’t addressed in the
current policy. Dust off the 2002 list of properties and update it to develop a comprehensive list.
College Park Worksession Minutes
June 8, 2021
Page 4
3. Discussion of the County’s School Facilities Surcharge:
The criteria the City Council should use in evaluating whether to recommend a waiver of the
surcharge to the County has been provided in the state law: it is whether the project supports the
University District Vision.
Can we attach a public benefit condition to our own City Revitalization Tax Credit? We have
more scope in this program. Ms. Schum reviewed our current eligibility criteria, some of which
are public benefits; these can be amended and expanded upon. Does Council want to be in the
position of making a recommendation to the County on the School Facility Surcharge? How
much weight does our recommendation have with the County? What would happen if the City
did not make a recommendation? Explore further.
4. Requests for/Status of Future Agenda Items-
New item requested by Councilmembers Mitchell/Mackie: review of City streets where
emergency vehicles are not able to get through because of parked cars on both sides of
the street - parking restrictions may be needed. Councilmember Mitchell will do the
form.
5. Mayor and Councilmember Comments:
Upcoming Community police meetings
June 15 meeting about Paint Branch Golf Course at the CP Airport
Juneteenth event at UMD
Pride event on Saturday in Mt. Ranier
MML Conference later this month and virtual event in July
6. Adjourn into a Closed Session: A motion was made by Councilmember Kennedy and
seconded by Councilmember Esters to adjourn the Worksession and enter into a Closed
Session. Mayor Wojahn read the Closing Statement:
Pursuant to the statutory authority of the Maryland Annotated Code, General Provisions Art.
§ 3-305(b), the Mayor and Council of the City of College Park are providing notice that they
will meet in a closed session after the Worksession to discuss the appointment, employment,
assignment, promotion, discipline, demotion, compensation, removal, resignation, or
performance evaluation of appointees, employees, or officials over whom this public body
has jurisdiction; any other personnel matter that affects one or more specific individuals. The
Mayor and Council will review appointments to advisory boards and the College Park City
University Partnership, and discuss a personnel matter. The Mayor and Council will not
return to public session after the closed session ends.
The motion passed 8-0 and the Worksession was adjourned at 10:09 p.m.
___________________________________
Janeen S. Miller Date
City Clerk Approved
Agenda
City of College Park
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TUESDAY, JUNE 8, 2021
CITY OF COLLEGE PARK
*VIRTUAL MEETING*
Please check meeting notice and City calendar for participant information
WORKSESSION AGENDA
7:30 P.M.
(There will be a Closed Session following the meeting.)
COLLEGE PARK MISSION
We provide excellent services, transparent and inclusive governance, and advocate for our
residents to enhance the quality of life for our diverse community.
Time Item Staff/Council
7:30 Call To Order
City Manager’s Report
Amendments To And Approval Of The Agenda
1 Proclamation for PRIDE Month
2 Proclamation for Immigrant Heritage Month
Kiaisha Barber,
Director of Youth,
7:45 3 Lakeland S.T.A.R.S. Presentation (20) Family and Senior
Services
8:05 4
Proposed projects for the City’s Program Open Space Terry Schum,
allocation for FY ’22 (20) Director of Planning
Discussion of whether to accept jurisdiction of Wake Forest
Steve Halpern,
8:25 5 Path AND discussion of policy regarding dedicated rights-of- City Engineer
way (30)
Bill Gardiner,
8:55 6 Discussion of the County’s School Facilities Surcharge (30) Interim City Manager
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9:25 7 Requests for/Status of Future Agenda Items Mayor and Council
9:30 8 Mayor and Councilmember Comments Mayor and Council
Bill Gardiner,
9:35 9 City Manager's Comments Interim City Manager
9:40 10 Adjourn
Closed Session After The Meeting
Pursuant to the statutory authority of the Maryland Annotated Code, General Provisions
Art. § 3-305(b), the Mayor and Council of the City of College Park are providing notice
that they will meet in a closed session after the Worksession to discuss the appointment,
employment, assignment, promotion, discipline, demotion, compensation, removal,
resignation, or performance evaluation of appointees, employees, or officials over whom
this public body has jurisdiction; any other personnel matter that affects one or more
specific individuals. The Mayor and Council will review appointments to advisory boards
and the College Park City University Partnership, and discuss a personnel matter. The
Mayor and Council will not return to public session after the closed session ends.
In accordance with the Americans with Disabilities Act, if you need special assistance, please
contact the City Clerk’s Office and describe the assistance that is necessary.
This agenda is subject to change. Agenda times are estimates only. For the most current
information, please contact the City Clerk at 240-487-3501.
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PROCLAMATION
PRIDE Month
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CITY OF COLLEGE PARK
PROCLAMATION
LGBTQ+ PRIDE MONTH
JUNE 2021
WHEREAS, this nation was founded upon the principles that every person is created equal, that
each has the right to life, liberty and the pursuit of happiness, and that each shall be
accorded the full recognition and protection of law; and
WHEREAS, the ongoing struggle for dignity and equality for lesbian, gay, bisexual, transgender,
queer and questioning (LGBTQ+) people is reflected in the tireless dedication of
advocates and allies who strive to forge a more inclusive society; and
WHEREAS, President Bill Clinton, on June 2, 2000, declared June “Gay & Lesbian Pride Month” to
commemorate the June 1969 Stonewall Uprising in Lower Manhattan; and
WHEREAS, on June 1, 2009, President Barack Obama further expanded the commemoration by
declaring June to be Lesbian, Gay, Bisexual and Transgender Pride Month; and
WHEREAS, Pride Month is a time to recognize and celebrate the impact of LGBTQ+ individuals
locally, nationally, and internationally; and
WHEREAS, we believe that our community is strengthened by the rich diversity of our residents,
and that LGBTQ+ residents and visitors should feel valued, safe, empowered, and
supported by their peers, educators, and community leaders; and
WHEREAS, it is essential that our LGBTQ+ youth be accorded the freedom to be themselves without
fear, and live free from reprisal, discrimination or bullying; and
WHEREAS, the United States Supreme Court decision of 2015 guaranteeing marriage equality in all
50 States was a historic victory for LGBTQ+ Americans; and
WHEREAS, on June 15, 2020, the United States Supreme Court extended protections to the LGBTQ+
community by ruling that Title VII of the Civil Rights Act of 1964, which prohibits
discrimination “because of sex,” includes protections for gay and transgender
employees.
NOW, THEREFORE, I, Patrick L. Wojahn, as Mayor of the City of College Park, proclaim June as Pride
Month in College Park, and encourage our community to eliminate prejudice wherever it exists, to
celebrate our great diversity, and to actively promote the principles of equality, liberty and justice for
all.
SO PROCLAIMED THIS 8th DAY OF JUNE , 2021.
_____________________________________
Patrick L. Wojahn, Mayor
City of College Park, Maryland
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PROCLAMATION
Immigrant Heritage Month
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City of College Park
Proclamation
Immigrant Heritage Month
June 2021
WHEREAS, generations of immigrants from every corner of the globe have built our
country’s economy and created the unique character of our nation; and
WHEREAS, immigrants continue to grow businesses, strengthen our economy, and
create jobs in College Park and around the nation; and
WHEREAS, immigrants have provided the United States with unique social and
cultural influences, fundamentally enriching the extraordinary fabric
of our nation; and
WHEREAS, immigrants have been tireless leaders not only in securing their own
rights and access to equal opportunity, but have also campaigned to
create a fairer and more just society for all Americans; and
WHEREAS, it is important to shed light on the valuable role generations of immigrants
have played in building and enriching our nation.
NOW, THEREFORE, I, Patrick L. Wojahn, as Mayor of the City of College Park, do hereby
proclaim that June 2021 is designated as "Immigrant Heritage Month” in the City of
College Park, and encourage all residents to embrace the significant contributions of our
immigrant population.
SO PROCLAIMED THIS 8TH DAY OF JUNE , 2021.
___________________________________
Patrick L. Wojahn, Mayor
City of College Park, Maryland
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PRESENTATION
Lakeland S.T.A.R.S.
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Presentation on the 2020-2021 Lakeland STARs program to College Park Mayor and Council
June 8, 2021
The Lakeland STARs (Students Taking Active Responsibility) program is an after-school
program providing individualized tutoring/mentoring services for approximately 60 Paint Branch
Elementary School students by the University of Maryland/College Park Scholars and the City of
College Park Youth and Family Services. The City of College Park performs administrative and
transportation functions and hires two school staff who know the children and help monitor
behavior for this after school program. The University of Maryland/College Park Scholars
program also provides administrative functions as well as UMD Coordinators, tutors and day-to-
day activities. This school year, for the first time in its history, the program has been 100%
virtual.
More information on this partnership can be found at:
https://scholars-d8.umd.edu/student-organizations/lakeland-stars
The Lakeland STARs program will begin its 25th year during the 2021-2022 school year.
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Proposed Projects for
the City’s Program
Open Space
Allocation for FY’22
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CITY OF COLLEGE PARK, MARYLAND
WORKSESSION AGENDA ITEM
Prepared By: Katie Hart Meeting Date: 06/08/2021
Community Development Planner
Terry Schum, Planning Director
Presented By: Katie Hart Proposed Consent: N/A
Terry Schum
Originating Department: Planning and Community Development
Issue Before Council: Proposed Projects for FY 2022 Program Open Space (POS) Allocation
Strategic Plan Objective: Objective 3: Preserve and enrich our environment and natural beauty to attract
people and sustain our City’s future.
Background/Justification:
The City of College Park received notice of an allocation of $288,975.77 for FY2022 POS funding. While a
50/50 split between acquisition and development is typically required, this year we were advised that our
entire FY2022 allocation can be used for development projects. Program Open Space requires a 25% cash
match for development projects and no required match for acquisition projects. An Annual Program must be
submitted and accepted by the Parks and Recreation Department of the M-NCPPC prior to applying to the
State Board of Public Works to encumber funds for specific projects. The Annual Program is due June 18,
2021.
Last year’s Annual Program (Attachment 1) shows the current allocation of funds. For acquisition projects,
the Hollywood Gateway Park Expansion and College Park Woods Swim Club have been completed and
have unused allocations totaling $76,914. The Sentinel Swamp Sanctuary property has been confirmed to
be in City right-of-way making acquisition unnecessary, saving $150,000. The remaining project is called
Neighborhood Open Space Acquisition, which is a “holding” category until specific sites are identified. There
is $640,773.90 available for this project. The total existing acquisition allocation available including the
unused and reprogrammed funding and excluding this year’s allocation $867,687.90.
For development projects, Duvall Field Renovation (Phase 1) and Hollywood Gateway Park are completed,
leaving only the Hollywood Wellness Trail funded for $94,712. An additional $75,802.39 is available from
unspent and reverted funds from Duvall Field, bringing the total existing development allocation available,
excluding this year’s allocation, to $170,514.39.
Council input is needed to determine how to utilize and prioritize our POS allocations going forward. Last
year staff presented 3 properties to be considered for purchase, but none were selected: 4700 Edgewood
Road, Branchville Road and 5100 Roanoke Place. Recently, contact was made with the owner of 8807 and
8811 Rhode Island Avenue, also known as the Washington Post properties, who indicated an interest in
selling. Properties acquired with POS funds must remain as parks, recreation use or open space in
perpetuity. Property could also be used for planting trees to increase the City’s tree canopy coverage. The
4700 Edgewood Road and the Rhode Island Avenue properties have some potential for development, but
the others do not. Possible new projects for development include design and construction of improvements
at the Sentinel Swamp Sanctuary and the College Park Swim Club property.
Staff recommends prioritizing POS acquisition to encumber fund allocations dating back to FY 2008. Funds
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not encumbered for specific projects and approved by the Maryland Board of Public Works risk being
recaptured by the State. Staff also recommends that Duvall Field reverted funds ($75,809.39) be placed in a
Phase 2 Duvall renovation project. These funds would supplement City CIP funding, if needed.
Consideration might also be given to the design and construction of improvements at the Sentinel Swamp
Sanctuary and the College Park Swim Club property. In total, the City has $1,327,178.06 available in past
and current POS allocations, all of which could be used for acquisition projects, and up to $459,497.16 for
development projects.
Fiscal Impact:
Acquisition projects are 100% funded under POS and development projects require a 25% cash match of
City funds.
Council Options:
1. Use entire allocation (past and present) for acquisition projects ($1,327,178.06).
2. Use $459,497.16 for development projects and the balance of $867,681.06 for acquisition projects.
Development allocations could be distributed as follows: retain funds for Hollywood Fitness Trail
($94,712), establish a Phase 2 Duvall Field renovation project (use $75,809.39 of reverted funds),
establish a new Sentinel Swamp Sanctuary design and construction project ($150,000), establish a new
design and construction project for the College Park Woods Swim Club property ($138,975.77).
3. Allocate funding in different amounts or to other projects.
Staff Recommendation:
This item is for Council discussion.
Recommended Motion:
N/A
Attachments:
1. FY 2021 Annual Program
2 015
PROPOSED PROGRAM OPEN SPACE
ANNUAL PROGRAM FOR DEVELOPMENT
FISCAL YEAR 2021
Development Projects Source of Funds
Sponsor Project Name of Project Description Year Federal Local State Total
ID (required)
City of
College D-CP1 Duvall Field Duvall Field Renovation FY 15-19 -0- -0- -0- -0-
Park
FY 20 -0- $43,624 $130,873 $174,497
FY 21 -0- -0- -0- -0-
TOTAL -0- $43,624 $130,873 $174,497
D-CP2 Hollywood Design and Construction FY 14-16 -0- $109,418 $328,257 $437,675
Gateway Park of Hollywood Gateway
Park FY 17 -0- -0- -0- -0-
FY 18 -0- $65,600 $196,800 $262,400
FY 19 -0- $48,186 $144,560 $192,746
FY 20-21 -0- -0- -0- -0-
TOTAL -0- $223,204 $669,617 $892,821
D-CP3 Hollywood Design and Construction FY 17 -0- $31,571 $94,712 $126,283
Wellness Trail of Hollywood Wellness
Trail FY 18-19 -0- -0- -0- -0-
FY 20-21 -0- -0- -0- -0-
TOTAL -0- $31,571 $94,712 $126,283
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PROPOSED PROGRAM OPEN SPACE
ANNUAL PROGRAM FOR ACQUISITION
FISCAL YEAR 2021
Acquisition Projects Annual Program Source of Funds for Annual
Program
Sponsor Project Name of Year Ultimate Acreage Cost Local State Federal
ID Project Park
Acreage
City of A-CP1 Neighborhood FY 07 TBD TBD -0- -0- -0- -0-
College Open Space FY 08 $87,271 -0- $87,271 -0-
Park Acquisition FY 09 $38,300 -0- $38,300 -0-
FY10-18 -0- -0- -0- -0-
FY 19 $144,560 -0- $144,560 -0-
FY 20 $130,873 -0- $130,873 -0-
FY21 $239,769.90 $239,769.90
-0- -0-
TOTAL $640,773.90 $640,773.90
A-CP2 Hollywood FY 14 0.30 0.14 $82,988 -0- $82,988 -0-
Gateway Park FY15-16 -0- -0- -0- -0-
Expansion FY 17 $20,000 -0- $20,000 -0-
FY 18 -0- -0- -0- -0-
FY 19 -0- -0- -0- -0-
FY 20-21 -0- -0- -0- -0-
TOTAL $102,988 -0- $102,988 -0-
A-CP3 College Park FY 18 3.66 3.66 $300,000 -0- $300,000 -0-
Woods Swim FY 19 -0- -0- -0- -0-
Club FY 20-21 -0- -0- -0- -0-
Acquisition
TOTAL $300,000 -0- $300,000 -0-
A-CP4 Sentinel FY 18 TBD 0.14 $150,000 -0- $150,000 -0-
Swamp FY 19 -0- -0- -0- -0-
Sanctuary FY 20-21 -0- -0- -0- -0-
Acquisition
TOTAL $150,000 -0- $150,000 -0-
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DISCUSSION
Wake Forest Path &
Dedicated
Rights-Of-Way
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CITY OF COLLEGE PARK, MARYLAND
WORKSESSION AGENDA ITEM
Prepared By: Steven E. Halpern, P.E. Meeting Date: 06/08/2021
City Engineer
Presented By: Bill Gardiner Proposed Consent: N/A
Interim City Manager
Originating Department: Department of Public Works
Issue Before Council: Discussion of whether to accept jurisdiction of Wake Forest Path and discussion
of policy regarding dedicated rights-of-way.
Strategic Plan Objective: 1. Innovate and improve City services to enhance quality, value, and
accessibility for all our residents.
Background/Justification:
Councilmember John Rigg was contacted by a constituent regarding the maintenance of two large trees
located between 6910 and 7000 Wake Forest Drive. The trees are located within an “unimproved 6-ft wide
path” (per a 1928 plat and a recent survey) that extends from Wake Forest Drive to Carleton Terrace. The
adjoining owners to this particular right-of-way have not encroached or built upon it, blocked access to it, or
otherwise asserted control over it.
There is no record that the City accepted jurisdiction and control over this dedicated right-of-way. Only if,
and when, the local jurisdiction accepts jurisdiction and control over the right-of-way (ROW) does it become
the local jurisdiction’s responsibility. The City cannot petition to “abandon” a ROW if it is not an adjacent
owner, but adjacent owners may do so and if the petition to abandon is accepted the ROW would be divided
equally for the adjoining owners. Additionally, in some situations a ROW is abandoned if the local jurisdiction
does not accept it within a specific period of time.
In 2003 the City adopted a policy on this and related issues (see attached). Page three (“B. PLATTED OR
DEDICATED RIGHTS OF WAY”) pertains to this situation but does not specifically address it. The adjoining
owners have not requested to encroach on the ROW and have not requested the City’s support for a petition
to abandon the ROW. At this point one adjoining owner has requested the City maintain a tree located
within the ROW.
The Council could support the City accepting this ROW and begin maintenance of it or support the adjoining
owners to petition for abandonment of the ROW. City staff do not believe there is a strong public interest in
accepting and maintaining this ROW for public access and use. To resolve the current issue, Council could
consider having the City provide tree maintenance (or reimburse the adjoining owner for tree maintenance
costs) in return for a commitment that the owners file a petition to abandon the ROW. Additionally, the
Council may wish to amend the Encroachment policy to address this type of situation as well as situations in
which adjoining owners have encroached on ROW that the City has not accepted, and the owners also have
not requested a license to use from the City nor requested abandonment of the ROW.
Fiscal Impact:
The cost of any tree work would be covered by existing operating funds.
Council Options:
1. Agree in principle to cover the immediate tree care costs in return for a petition to abandon the ROW.
2. Formally accept jurisdiction of the Wake Forest Path and maintain it.
3. Take no action.
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Staff Recommendation:
Option #1
Recommended Motion:
N/A
Attachments:
1. 2003 City Encroachment Policy
2. Survey of path
3. Photos of ROW area and adjoining houses
5 COVER Wake Forest Path Agenda Item 6.8.21.Docx2 020
Adopted by Mayor & Council
on February 25, 2003
ENCROACHMENT POLICY
CITY OWNED PROPERTY AND PLATTED OR DEDICATED RIGHTS OF WAY
The City is confronted with situations in which certain private property owners have relied upon the use
of City property or platted or dedicated rights of way in order to provide access parking facilities, to construct
fences, and make other uses. In addition, certain platted rights of way have been dedicated to the public use or
way, and questions have arisen as to whether the city is exercising, or wishes to exercise, control and is
responsible for maintenance of those rights of way. Many instances of encroachment have a long historical
background and the encroachments may have occurred without knowledge of the current property owners. It is
the duty of the Mayor and City Council (herein the "City") to protect and preserve City-owned property, and
certain platted or dedicated rights of way, from encroachments in the interest of all residents of the City.
A. CITY OWNED PROPERTY
The City, reaffirming its position that it retains fee ownership of the property on which an encroachment has
occurred, is establishing a policy which will protect the property rights of the City. To implement that purpose,
the City hereby establishes the following policy for encroachments on City owned property and rights of way:
1. City staff will identify all properties and City owned rights of way on which encroachment has occurred and
will define the precise areas of encroachment.
2. The City will notify property owners of encroachments, reasserting the City's absolute title to the encroached
areas and advising the property owners of the City's right to remove the encroachments.
3. Where such encroachments exist, the City hereby establishes an application process whereby the owner of
abutting property encroaching on City land may apply to the City for a revocable license to continue using such
property upon the following conditions:
(a) The owner shall establish that the encroachment has been open and notorious and has existed for a period of
not less than five years prior to notification.
(b) The owner shall establish a need for the continued use of the property as either essential or necessary to the
continued use and enjoyment of the owner's property.
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(c) The owner shall define the encroachment area and establish that the encroachment is the minimum area
necessary to accomplish the use required by the owner.
(d) The owner shall establish that there are no alternatives available to the owner to meet the needs satisfied by
the encroachment area.
(e) The owner shall identify the current use of the property including but not limited to the storage,
manufacture, distribution, display, advertising, or hazardous materials usage.
(f) The application shall contain such information as may be requested by the City and be accompanied by an
unrefundable fee of One Hundred ($100.00) Dollars which from time to time, may be adjusted by the Mayor
and City Council. The city shall also require an annual license fee based upon City estimates of the assessed
value of the encroached area.
4. In the event of a request for license, City staff shall verify the following:
(a) the encroachment exists and it is the minimum necessary to meet the requirements of the owner for
the use of the owner's property.
(b) the owner has no feasible alternatives to meet the requirements met by the encroachment for the use
of the owner's property.
(c) the area of encroachment will be defined with or without formal survey, using the best techniques
available to City staff.
(d) The encroachment does not interfere with the City's use of its property.
5. Upon termination or revocation of license, the owner shall, if requested by the City, remove all permanent
structures that exist on the encroached area.
6. Continued use shall be subject to execution by the owner of a property license, payment of the annual fee and
other restrictions deemed appropriate by the City.
7. Failure of the owner to execute a property license agreement within sixty (60) days after the grant of the
license by the City shall be deemed abandonment of the license and the owner shall be ordered by the City to
cease all use of the encroached area as required by this policy.
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8. Any license which may be granted by the City shall be exclusive to the owner of the property; sale or transfer
of the property shall result in immediate revocation of the license; successors and interest in the property shall
be required to initiate new license requests to continue using the encroached area.
9. No changes in use or expansion of the encroached areas shall be permitted.
10. Nothing contained herein shall be construed as a limitation on the authority of the City to exercise its
absolute discretion in granting or rejecting license requests.
11. Licenses shall be granted and shall be revocable in the sole discretion of the City.
12. Nothing contained herein shall be construed to authorize use of City property for any purpose whatsoever
without the consent of the City, which authority shall be exercised by the city in a manner consistent with its
authority to acquire and dispose of property in accordance with established legal principles.
B. PLATTED OR DEDICATED RIGHTS OF WAY
Certain rights of way exist in the City which have been platted and/or dedicated to the public use or way, but
which are not titled in the name of the City. Such rights of way include, but are not limited to, “paper streets”,
pathways, dedicated parks, and alleyways. The following procedure is to be followed when an encroachment
on such right of way is identified by the City, and when a determination of whether City services are available
for such right of way is requested or becomes necessary.
1. Rights Of Way That Are Under The Control Or Maintenance Of The City.
When a use has been identified that may encroach on rights of way over which the City has exercised control or
maintenance, the City will proceed as follows:
(a) The City will determine whether the use, and any property or objects involved, in fact encroach on
the right of way. In making this determination, the City may survey the area, and use any other
relevant information.
(b) If the City determines that the use, and any property or objects involved, are encroaching on the right
of way, it may notify the user of the encroachment and require removal within a reasonable time, as
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determined by the city in its sole discretion and based on relevant circumstances. Such notice shall
be by regular mail to a known user, and by posting if the user is unknown.
(c) Any encroachment not removed by the user within the prescribed time may be removed and
disposed of by the City, which shall not be responsible for any damage to the encroaching use or
property. The user shall reimburse the city for costs associated with removal and disposal.
(d) Failure by the City at any given time to demand removal of any encroachment shall not constitute a
waiver of any of the City’s right to control or maintain any right of way.
2. Other Rights Of Way
At any time, and from time to time, the City may commence exercise of control and maintenance of a right of
way within the City. Once the City has done so, the provisions of this Section B shall apply.
3. Private Use Or Abandonment Of Rights Of Way
An individual, corporation or other entity may request permission to use or encroach upon all or a portion of a
right of way, or the City’s support for abandonment of all or a portion thereof. In considering such a request,
the City will proceed as follows:
(a) The requesting party shall submit an application with a recent property survey that shows the
specific dimensions of the property and the proposed encroachment.
(b) The City will review the application to ascertain its compatibility with the surrounding area
including how it would affect the City’s comprehensive plan, the usability or enjoyment of
adjoining parcels, the extent to which the proposed encroachment is justifiable, to what extent it
would diminish the public’s enjoyment or use, the adverse affect on the existing right-of-way
and any potential hazard to public safety.
(c) At a public meeting the City Council will determine if it is in the best interest of the City to:
i. Deny the application and require removal of the encroachment;
ii. Support a petition to the Maryland National Capital Park And Planning Commission to
vacate the property and add it to the tax roles;
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iii. Take no action.
4. Request For City Services
The City may require any individual or entity asserting that an area is part of a public right-of-way under
control and maintenance of the City and seeking municipal services to provide a certified survey of the area.
The City shall verify the validity of the assertion and determine the extent to which municipal services may be
provided. In its discretion, the City may provide surveys or other documentation verifying the status of the
property. Adjacent property owners shall be given notice to remove any impediments and encroachments,
including fences and other structures, which impede the City’s ability to perform services.
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6
DISCUSSION
County’s School
Facilities Surcharge
028
7
Request for/Status
of Future Agenda
Items
029
TO: Mayor, City Council, City Manager and Department Directors
FROM: Janeen S. Miller, City Clerk
DATE: June 3, 2021
RE: Future Agendas
The following items are tentatively placed on future agendas. This list has been
prepared by the City Manager and me and represents the current schedule for items
that will appear on future agendas.
TUESDAY, JUNE 15, 2021 REGULAR MEETING
Proclamation for Jack Robson
Proclamation for Juneteenth
Proclamation for Pollinator Week
Proclamation for Chesapeake Bay Awareness Month
Economic Development Report – Bridgette Johnson, Economic Development Manager
Strategic Plan Presentation – Bill Gardiner, Interim City Manager
Proposed Consent: APC Variance Request CPV-2021-04, 9022 49th Avenue (Appeal
period ends June 5)
Proposed Consent: APC Variance Request CEO-2021-01, 4714 Howard Lane (Appeal
period ends June 5)
Proposed Consent: Approval of Community Services Grants – Gary Fields
Proposed Consent: Award of Street Maintenance contract to NZI Construction
Corporation – Steve Halpern, City Engineer
Appointments to Advisory Boards and CPCUP
Note: The Council will meet in a closed session after the meeting to carry out an
Administrative Function (to discuss the City Attorney’s evaluation).
030
6/4/2021
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TUESDAY, JULY 13, 2021 WORKSESSION – REQUEST AN EARLY START TIME
Discussion of the Urban Tree Canopy Protection Policy (30)
Presentation from the Literacy Lab with the EAC – Kiaisha Barber, Director of Youth,
Family and Senior Services (30)
Presentation of conceptual design options for Duvall Field – Terry Schum, Director of
Planning (30)
Discussion on use of ARPA funds – Gary Fields, Director of Finance (30)
04-26-21: Presentation on the recommendations of the County’s police reform task
force (date tentative) (60)
Presentation by IBTS on the draft feasibility study for establishing a City department of
building code, permitting and enforcement (RFP CP-20-03) (60)
4:10
TUESDAY, JULY 20, 2021 REGULAR MEETING
Placeholder: Approval of one-year OKRs
Consideration of a request to park a prohibited vehicle (trailer) in the 5000 block of
Delaware Street – Bob Ryan, Director of Public Services and Jim Miller, Parking
Enforcement Manager
Consideration of a request to park a prohibited vehicle (trailer) in the 9700 Block of
Narragansett Parkway – Bob Ryan, Director of Public Services and Jim Miller, Parking
Enforcement Manager
Worksession after the Regular Meeting: 11-4-20: Review of College Park policy
options for neighborhood stabilization (for those neighborhoods trending toward rentals)
AND
Discussion of affordable housing policies, programs and initiatives (from Master List)
WEDNESDAY, AUGUST 4, 2021 WORKSESSION
Discussion of a Proclamation Policy – Janeen S Miller, City Clerk
TUESDAY, AUGUST 10, 2021 REGULAR MEETING
Quarterly Financial Presentation – Gary Fields, Director of Finance
ANNUAL ITEMS
January, early: Discussion of Homestead Tax Credit Rate (currently at 0%) (must
certify by March 25 to change rate)
January, after an election: Review and adoption of Council Rules and Procedures 031
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January: Review annual reports and workplans from advisory boards
IFC/PHA Annual meeting with Council (when is best?)
March: Annual Review/Renewal of Insurance Contracts
March: Annual farmers market debrief
March: Annual Economic Development Report
April and September: Comments on the M-NCPPC budget
June Worksession: Review of applications for advisory board vacancies
June Regular Meeting: Annual appointments to advisory boards
June Regular Meeting: Proclamation for Pride Month
June Regular Meeting: Pollinator Week Proclamation (for 3rd full week in June)
September, last regular meeting: Mayor’s Monarch Pledge proclamation (for 1st
Saturday in October)
October, first regular meeting: Proclamation for Indigenous Peoples’ Day
Early Fall: Annual presentation from SHA on projects in the City (schedule prior to CTP
discussion)
Fall: Annual police agency presentation
November, first regular meeting: Proclamation for Small Business Saturday
December: Approval of Annual Retreat agenda
MASTER LIST
2021 Quarterly Financial Presentations: January 26, April 27, August 10, October 26.
2021 Quarterly Appointments to advisory boards: January 12, April 13, June 15,
October 12
07-09-19: Input from staff and the Airport Authority about the GAO study on helicopters
in the City and helicopter noise in the region (15)
10-01-19: Discussion of signing on to the principles of the Maryland Advocates for
Sustainable Transportation – request of Mayor Wojahn
Discussion of additional roadway connectivity between City neighborhoods - AND –
Find options to reduce traffic on our major roadways (include Complete Streets) (40)
Terry Schum, Director of Planning; Steve Halpern, City Engineer; Robert Marsili,
Director of Public Works 032
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02-04-20: Follow up discussion on certain events held in the City (Veterans and
Memorial Day events, MLK Tribute and Blues Festival)
Review of proposal for a pilot program for a rebate to homeowners for installation of
residential security camera systems - Bob Ryan, Director of Public Services (20)
05-05-20: Information Report on Edgewood Road Right-Of-Way at intersection with US
1 – Terry Schum and Steve Halpern
Discussion of goals and purpose for City Events, and criteria for evaluating City Events
(30)
09-01-20: Discussion of a commemorative bench program – request of Councilmember
Kabir
09-15-20: Tax credits to homeowners for purchase of flood insurance – Councilmember
Rigg
Appropriate use of staff time and resources at the request of community organizations –
Scott Somers, City Manager
11-4-20: Options to address traffic back up on Cherry Hill Road caused by Starbucks
Drive Through – Councilmember Kabir
12-01-20: Discussion on establishment of a Human Relations Commission –
Councilmember Mitchell
12-01-20: Discussion on holding a City-wide business roundtable – Councilmember
Mitchell
12-08-20: Discussion of strategies to provide affordable housing (student and other)
(with partner stakeholders) to include the possibility of commissioning an affordable
housing plan – Mayor Wojahn
Follow-up discussion on a City Youth Advisory Committee – Kiaisha Barber, Director of
Youth, Family and Senior Services (30)
01-29-20: Discussion of the decennial redistricting and of establishing a redistricting
commission (standard census tabulation for voting districts expected by September 30)
– Terry Schum, Director of Planning
03-02-21: Discussion of a Participatory Budgeting process (for next fiscal year) –
request of Councilmember Mitchell
03-10-21: Transfer of ownership of Rhode Island Avenue to the City - Draft Agreement
– Terry Schum
Presentation on Accela land use CRM software
Proclamation in September 2021: “Suicide Prevention Month”
033
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Request from the College Park Housing Authority about use of City property for a
parking lot (30)
04-01-21: Construction Price Amendment / Change Order for the College Park Woods
Clubhouse project (20) - Robert Marsili, Director of Public Works
04-07-21: Discussion of options to reduce noise from cars (Kennedy)
05-05-21: Maryland Economic Development Association (MEDA) Business
Appreciation Week October 25th – 29th
05-18-21: Consideration of a proposal for parking prohibitions at 4500 Beechwood
Road – Bob Ryan, Director of Public Services
November 9, 2021: Proclamation for Good Neighbor Day 10th anniversary
Discussion of a City policy about City parks and playgrounds
034
6/4/2021
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