City of College Park Virtual Meeting Instructions
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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.
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TUESDAY, MARCH 23, 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
(There will be a Closed Session after 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.
1. MEDITATION 2. PLEDGE OF ALLEGIANCE: Led by Councilmember Rigg 3. ROLL CALL 4. ANNOUNCEMENTS/COMMENTS - MAYOR, COUNCIL, STUDENT LIAISON 5. CITY MANAGER’S REPORT 6. ACKNOWLEDGMENTS 7. PROCLAMATIONS AND AWARDS 8. AMENDMENTS TO AND APPROVAL OF THE AGENDA
9. PUBLIC COMMENT ON CONSENT AGENDA AND NON-AGENDA ITEMS - Speakers are asked to provide their name and address for the record, and are given three minutes to address the Council.
10. PUBLIC HEARINGS: A. Charter Resolution 21-CR-01: Amend and then Adopt Charter Resolution 21-CR- 01, Amending Article III, “Mayor And Council”, §C3-5, “Election” And §C3-6, “Vacancies”, And Article IV, “Voting And Elections, §C4-5, “Petitions For Candidacy; Employees” And §C4-6, “Runoff Elections”, To Require That On Or Before March 31 Of A General Election Year (Except In 2021, When The Date Is On Or Before May 31), The Mayor And Council Will Set By Motion The Date In November For The General Election, That If The Mayor And Council Fail To Set The Election Date, The General Election Will Be Held On The First Tuesday Following The First Monday In November, That Withdrawal As A Candidate For A Vacancy Must Be Filed No Later Than Noon On The 20th Calendar Day Before The Election, To Allow More Flexibility In Setting The Date Of Any Run-Off Election Within A 45
005 Day Time And To Change Certain Filing Deadlines To Accommodate The Additional Time Required To Vote By Mail And Make Conforming Changes
B. Ordinance 21-O-04: Ordinance Of The Mayor And Council Of The City Of College Park, Amending Chapter 34, “Elections”, Article I, “General Provisions” §34-3, “Definitions”; Article II, Conduct Of Elections, § 34-5, “Polling Places; Hours Of Voting; Early Voting”, §34-6, “Absentee Balloting”, And §34-7, “Runoff Elections”; And Article III, “Fair Election Practices”, §34-15, “Campaign Finance Reports; Independent Expenditure Report”; To Include Electronic Posting And Messaging In The Definition Of Political Matter, Change The Dates For Filing Of An Application For An Absentee Ballot And A Late Filing For An Absentee Ballot, Removing The Requirement That The Notice To Candidates And Treasurers Under § 34-15a(2) And (3) Concerning Filing Of Finance Reports And Independent Expenditure Reports Be Given By Ordinary Mail, And Make Certain Clarifying, Conforming And Numbering Changes.
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-41 Approval of an amended contract with Volta Inc. for IT services in Motion By: To: the amount of $5,455 per month, and for services outside the Second: contract scope of work to be billed at $175 per hour. The contract Aye: term shall be 12 months, and there will be an option to extend the Nay: contract for two additional terms – Sarah Price, IT Manager Other:
21-G-42 Approval of minutes from the February 16, 2021 Worksession and the February 16, 2021 Special Session.
13. ACTION ITEMS
21-G-43 1. Recommendation of approval, with conditions, of Detailed Site Motion By: Rigg To: Plan 20031 for Aspen/Maryland student housing project, and Second: approval of a Declaration of Covenants Aye: Nay:
21-G-27 Award of contract for Hollywood Streetscape Construction – Motion By: To: Terry Schum, Director of Planning Second: 2. Aye: Nay:
21-G-44 3. Approval of proposed parameters for permit-restricted parking Motion By: To: on Pontiac Street between Osage and 49th Avenue, and on Second: Osage Street, and to set a public hearing – Jim Miller, Parking Aye: Enforcement Manager Nay:
006 21-O-04 Adoption of Ordinance 21-O-04 to amend Chapter 34, Elections, ”, Motion By: Article I, “General Provisions” §34-3, “Definitions”; Article II, Conduct To: Second: Of Elections, § 34-5, “Polling Places; Hours Of Voting; Early Voting”, Aye: §34-6, “Absentee Balloting”, And §34-7, “Runoff Elections”; And Article Nay: III, “Fair Election Practices”, §34-15, “Campaign Finance Reports; Independent Expenditure Report”; To Include Electronic Posting And Messaging In The Definition Of Political Matter, Change The Dates For Filing Of An Application For An Absentee Ballot And A Late Filing For An Absentee Ballot, Removing The Requirement That The Notice To Candidates And Treasurers Under § 34-15a(2) And (3) Concerning Filing Of Finance Reports And Independent Expenditure Reports Be Given By Ordinary Mail, And Make Certain Clarifying, Conforming And Numbering Changes.
21-CR-01 Adoption of Charter Resolution 21-CR-01 to Amend and then Adopt Motion By: Charter Resolution 21-CR-01, Amending Article III, “Mayor And To: Second: Council”, §C3-5, “Election” And §C3-6, “Vacancies”, And Article IV, Aye: “Voting And Elections, §C4-5, “Petitions For Candidacy; Employees” Nay: And §C4-6, “Runoff Elections”, To Require That On Or Before March 31 Of A General Election Year (Except In 2021, When The Date Is On Or Before May 31), The Mayor And Council Will Set By Motion The Date In November For The General Election, That If The Mayor And Council Fail To Set The Election Date, The General Election Will Be Held On The First Tuesday Following The First Monday In November, That Withdrawal As A Candidate For A Vacancy Must Be Filed No Later Than Noon On The 20th Calendar Day Before The Election, To Allow More Flexibility In Setting The Date Of Any Run- Off Election Within A 45 Day Time And To Change Certain Filing Deadlines To Accommodate The Additional Time Required To Vote By Mail And Make Conforming Changes
21-G-45 Approval of a motion to set the polling location and hours of the Motion By: To: 2021 Election. Second: Aye: Nay:
14. GENERAL COMMENTS FROM THE AUDIENCE 15. ADJOURN 16. INFORMATION REPORT: A. Weekly Legislative Update
CLOSED SESSION Pursuant to the statutory authority provided under the Maryland Annotated Code General Provisions Article § 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 meeting on March 23 to discuss the appointment of an employee over whom this public body has jurisdiction. The Mayor and Council will not return to public session tonight. Specifically, the Mayor and Council will discuss City Manager Recruitment.
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➢ 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.
008 PUBLIC HEARING Charter Resolution 21-CR-01
009 CITY OF COLLEGE PARK, MARYLAND REGULAR MEETING AGENDA ITEM
AGENDA ITEM: 21-CR-01
Prepared By: Janeen S. Miller, Meeting Date: 03/23/2021 City Clerk
Presented By: Janeen S. Miller Proposed Consent: N/A
Originating Department: City Clerk’s Office for the Board of Election Supervisors
Action Requested: Amend and then Adopt Charter Resolution 21-CR-01, Amending Article III, “Mayor And Council”, §C3-5, “Election” And §C3-6, “Vacancies”, And Article IV, “Voting And Elections, §C4-5, “Petitions For Candidacy; Employees” And §C4-6, “Runoff Elections”, To Require That On Or Before March 31 Of A General Election Year (Except In 2021, When The Date Is On Or Before May 31), The Mayor And Council Will Set By Motion The Date In November For The General Election, That If The Mayor And Council Fail To Set The Election Date, The General Election Will Be Held On The First Tuesday Following The First Monday In November, That Withdrawal As A Candidate For A Vacancy Must Be Filed No Later Than Noon On The 20th Calendar Day Before The Election, To Allow More Flexibility In Setting The Date Of Any Run-Off Election Within A 45 Day Time And To Change Certain Filing Deadlines To Accommodate The Additional Time Required To Vote By Mail And Make Conforming Changes
Strategic Plan Objective: Objective 1: Innovate and improve City services to enhance quality, value and accessibility for all our residents.
Background/Justification: The City will hold an election for the office of Mayor and eight district Councilmembers in November. The Mayor and Council have held two Worksession discussions (February 2 and February 16) with the Board of Election Supervisors and have discussed changes to the election date and other matters related to the November election. Specifically, the Council is interested in holding the election on Sunday, November 7, and in having applications for absentee ballots mailed to all registered voters.
Changes in the City Charter (C3 and C4) and City Code (Chapter 34) are needed to effect the changes discussed. In addition, staff is recommending additional amendments to these sections of the Charter while we are making updates. Changes to Chapter 34 of the City Code were introduced on February 16 through Ordinance 21-O-04. Charter Resolution 21-CR-01 was introduced on February 23 with the amendments below.
Note: Staff is providing an Amended Charter Resolution that will allow the Mayor and Council until May 31 (in 2021 only) to set the date of the election. This amendment is necessary because the Charter amendment will not become effective until May 12, provided it is not petitioned to referendum. Staff will return in late May with a motion to set the date of this year’s election to November 7.
1. C3-5: Council expressed interest in holding the City election on a Sunday to provide residents with a more convenient day to vote in the hope that it will increase voter participation. Residents also have the option to vote by mail (absentee ballot) to eliminate the need to go to the poll at all. To provide flexibility in changing the date of the election, this amendment will allow the Mayor and Council to set the election date by March 31 in an election year. If a date is not designated by March 31, the “first Tuesday following the first Monday in November” will be the default date. Section 34-5 of the City Code currently allows “Polling places and hours for election day shall be designated by the 010 Supervisors of Elections with approval of Mayor and Council.” The intent here is to allow the date of the election to be set in the same way if a change in the default date is desired.
2. C3-6 B (3)(a): The proposed change to this section applies specifically to a candidate’s date of withdrawal in a Special Election. As currently written, a candidate in a Special Election has until noon on the 11th calendar day before the election to withdraw their candidacy. The BOES feels this date is too close to the date of the election. The recommendation is to change this date to 4 days after the applications for candidacy are due. This way, staff has time to remove the candidate’s name from the ballot before it is printed. This ties the date of withdrawal to the date the field of candidates is known rather than tying it to the date of the election.
3. C4-5 C: This proposed amendment applies specifically to the situation where a candidate has submitted paperwork for both the office of Mayor and Councilmember, and must designate which office they want to move forward with. This date is tied to the date that petitions and other qualifying paperwork is due. Since we are recommending a change to that due date in “E” of this section, the corresponding change must also be made here.
4. C4-5 E: This proposed amendment applies to the deadline for candidate petitions and other qualifying paperwork. The first change is to move the deadline from 46 days before the election to 53 days before the election, which adds one week between the date the paperwork is due and the date of the election. The purpose for adding this additional week is to recognize that more residents may choose to vote by mail and therefore allow more time for ballots to move back in forth in the mail system. The second change in “E” relates to the specific circumstance where the deadline for candidate paperwork is extended “in the event that no qualified candidate files for office” by the due date. The proposal here is to shorten up this extension from 10 days to 7 days. The purpose for shortening up this time frame is because we can’t send the ballots for printing until this date has passed, and we don’t want to delay the printing of the ballots unnecessarily.
5. C4-5 F: This proposed amendment applies to the last day of withdrawal in a regular election. As currently written, a candidate has until 35 days prior to the election to withdraw. That would mean that we couldn’t send the ballots for printing until the 34th day prior to the election, which is too close to the election and does not allow enough time for ballots to move through the US mail. The proposal is instead to tie the withdrawal date to the date that candidacy paperwork is due. Our feeling is that most candidates will make the decision to withdraw when they see the other candidates in the field. This would allow four days after the names of the candidates are published to decide to withdraw. That would be the 49th day before the election (53 days – 4 days = 49 days). This would provide more cushion for the printing and mailing of the ballots.
6. C4-6: This proposed amendment applies only in the case of a runoff election when there is a tie vote. The way it is currently written in the Charter, a runoff election would have to be conducted on the fourth Tuesday after the election. We believe this is much too prescriptive, could force an election to be held during the Thanksgiving week, and generally doesn’t allow enough time to reset and prepare for a runoff election. Staff suggests an amendment to allow the date of a runoff election to be set by Mayor and Council that is no more than 45 days from the date that the election results were certified.
A sample timeline showing a comparison of the old and new dates is attached.
Fiscal Impact: Amendments to the City Charter cost approximately $3,500 in state mandated advertising fees and publishing.
Council Options: 1. Hold the Public Hearing and adopt the amended charter resolution. 2. Hold the Public Hearing but decline to adopt the charter amendment at this time.
2 011 Staff Recommendation: #1
Recommended Motion: I move to adopt Amended Charter Resolution 21-CR-01 to provide for determining the date for the election in any election year by a vote taken on or before March 31 (except in 2021 when the date is on or before May 31) with the default election date of the first Tuesday following the first Monday in November in the event the election date is not set, allow more flexibility in setting the date of any run-off election, and change the filing deadlines for candidate petitions and withdrawals to accommodate voting by mail and the ballot process.
Attachments: 1. Amended Charter Resolution 21-CR-01 2. Timeline comparison chart
3 012 21-CR-01
AMENDED CHARTER RESOLUTION OF THE MAYOR AND COUNCIL OF THE CITY OF COLLEGE PARK, TO AMEND ARTICLE III, “MAYOR AND COUNCIL”, §C3-5, “ELECTION” AND §C3-6, “VACANCIES”, AND ARTICLE IV, “VOTING AND ELECTIONS, §C4-5, “PETITIONS FOR CANDIDACY; EMPLOYEES” AND §C4-6, “RUNOFF ELECTIONS”, TO REQUIRE THAT ON OR BEFORE MARCH 31 OF A GENERAL ELECTION YEAR (EXCEPT IN 2021, WHEN THE DATE IS ON OR BEFORE MAY 31), THE MAYOR AND COUNCIL WILL SET BY MOTION THE DATE IN NOVEMBER FOR THE GENERAL ELECTION, THAT IF THE MAYOR AND COUNCIL FAIL TO SET THE ELECTION DATE, THE GENERAL ELECTION WILL BE HELD ON THE FIRST TUESDAY FOLLOWING THE FIRST MONDAY IN NOVEMBER, THAT WITHDRAWAL AS A CANDIDATE FOR A VACANCY MUST BE FILED NO LATER THAN NOON ON THE 20TH CALENDAR DAY BEFORE THE ELECTION, TO ALLOW MORE FLEXIBILITY IN SETTING THE DATE OF ANY RUN-OFF ELECTION WITHIN A 45 DAY TIME AND TO CHANGE CERTAIN FILING DEADLINES TO ACCOMMODATE THE ADDITIONAL TIME REQUIRED TO VOTE BY MAIL AND MAKE CONFORMING CHANGES
A Charter Resolution of the Mayor and Council of the City of College Park, adopted pursuant to the authority of Article XI-E of the Constitution of Maryland and §4-301 et seq., Local Government Article, Annotated Code of Maryland, as amended.
WHEREAS, §C3-5, “Election” currently requires that the general election for
City elective offices is the first Tuesday following the first Monday in November; and
WHEREAS, § C4-6, “Runoff elections” currently requires that any run-off election for City elective offices must occur on the 4th Tuesday after the election; and
WHEREAS, the Mayor and Council have determined that it is in the public interest to promote voter convenience and participation by allowing flexibility in setting the date for the general election and run-off elections; and
______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 Resolution. CAPS :Indicate matter added in amendment [Brackets] :Indicate matter deleted in amendment
013 21-CR-01 WHEREAS, the Mayor and Council have determined that it is in the public interest to promote voter convenience and participation by changing certain time frames for filing of candidate petitions to accommodate voting by mail; and
WHEREAS, the Mayor and Council wish to make provision for determining the appropriate date for the election in any election year by a vote taken on or before March 31 in the election year (except in 2021, when it will be set on or before May 31, 2021), with the default election date of the first Tuesday following the first Monday in November in the event the election date is not set, allowing more flexibility in setting the date of any run- off election, and changing filing deadlines for candidate petitions to accommodate voting by mail.
Section 1. NOW, THEREFORE, BE IT RESOLVED by the Mayor and
Council of the City of College Park that Article III, “Mayor and Council”, §C3-5,
“Election” be repealed, re-enacted and amended to read as follows:
§ C3-5 Election.
The qualified voters of the City shall elect a Mayor to serve a term of two years. The voters within each district shall elect two Councilpersons for their respective districts, each to serve the term of two years.[ The election for Mayor and Councilpersons shall be conducted on] ON OR BEFORE MARCH 31 OF A GENERAL ELECTION YEAR, THE MAYOR AND COUNCIL MAY BY MOTION SET THE DATE IN NOVEMBER FOR THE GENERAL ELECTION, ON A DATE THAT IS NOT A CITY, STATE, COUNTY OR FEDERAL ELECTION DAY OR HOLIDAY. IF THE MAYOR AND COUNCIL FAIL TO SET THE ELECTION DATE BY MARCH 31, THE GENERAL ELECTION SHALL BE HELD ON the first Tuesday following the first Monday in November. FOR THE 2021 GENERAL ELECTION ONLY, THE MAYOR AND COUNCIL MAY BY MOTION SET THE DATE ON OR BEFORE MAY 31, 2021.
Section 2. BE IT RESOLVED by the Mayor and Council of the City of College
Park that Article III, “Mayor and Council”, §C3-6, “Vacancies” be repealed, re-enacted and amended to read as follows:
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§ C3-6 Vacancies.
A. * * * * B. Election or appointment to fill vacancies.
(1) – (2) * * * *
(3) Vacancy in office of Mayor or Council.
(a) Upon it becoming necessary to fill a vacancy in the office of Mayor or Council member pursuant to Subsection B(1) above, the City Clerk shall give public notice of the vacancy, containing the qualifications of the office, the geographical boundaries of the district(s) to be represented, the procedure to apply for appointment to the vacancy or to be placed on the special election ballot, as appropriate, and the deadline for applications. Applications for appointment shall be forwarded by the Clerk to the Mayor and Council. Applications to be placed on the special election ballot shall be forwarded by the Clerk to the Supervisors of Elections, who shall review the applications for the purpose of determining the qualifications of the candidates. The application shall include a petition in a form satisfactory to the Board of Election Supervisors containing the names, addresses and signatures of not less than 20 registered voters residing in the applicant's district or, in the case of the Mayor, not less than 15 registered voters from each district in the City, indicating support of the applicant's candidacy. The applicant's name and signature may appear and be counted toward the required number on any such petition. Any candidate wishing to withdraw [his or her] AN application must do so no later than noon on the [11th] 20TH calendar day before the election.
(b) – (c) * * * * *
C. * * * *
Section 3. BE IT FURTHER RESOLVED by the Mayor and Council of the City of College Park that Article IV, “Voting and Elections”, §C4-5, “Petitions for candidacy; employees” be repealed, re-enacted and amended to read as follows:
§ C4-5 Petitions for candidacy; employees.
A. Any qualified person desiring to run for the office of Mayor of the City shall file, or cause to be filed, with the City Clerk a petition for candidacy containing the petition, including name, address, district and signature of at least 80 persons consisting of not less than 20 qualified voters from each of the four councilmanic districts. The candidate's name and signature may appear and be counted toward the required number on any such petition.
B. Any qualified person desiring to run for Councilperson from a district shall file, or cause to be filed, a petition for candidacy with the City Clerk containing the petition,
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015 21-CR-01 including name, address, district and signature, of at least 25 qualified voters in the candidate's district. The candidate's name and signature may appear and be counted toward the required number on any such petition.
C. To qualify as a candidate for any elective office of the City, an individual must also file a written authorization of candidacy with the City Clerk on behalf of the Supervisors of Elections that is signed and dated by the candidate and identifies the office sought, and any financial disclosure statements required under the City's Code of Ethics. In the event that petitions and authorizations are filed by or in behalf of any person for both the office of Mayor and Council member, the candidacy for both offices shall be disqualified unless the candidate delivers a signed, written notice to the City Clerk, stating the office for which the individual will be a candidate, on or before [46 days, including Saturdays, Sundays and legal holidays,] 53 CALENDAR DAYS prior to the election.
D. City employees who seek to qualify as a candidate are required to take an unpaid leave of absence upon the filing of the petition of candidacy for City elective office. The unpaid leave of absence shall be terminated upon withdrawal of the candidate's petition or loss in the election for City office, whichever event shall first occur. Any City employee who gains City elective office shall be terminated as a City employee upon the assumption of office.
E. No candidacy petitions or authorizations shall be considered valid unless received by the City Clerk before 4:00 p.m. [on the 46th day, including Saturdays, Sundays and legal holidays,] 53 CALENDAR DAYS prior to the election. In the event that no qualified candidate files for the office of Mayor or one or more Council seats on or before the [46th] 53RD day prior to the election as required herein, then the deadline for receipt of candidate petitions and authorizations by the City Clerk is extended to 4:00 p.m. on the [36th] 46TH day prior to the election. No candidacy petitions or authorizations for an individual shall be considered valid unless that individual possesses all the required qualifications for the office sought by said date.
F. The Supervisors of Elections shall cause to be published, in appropriate manner to give general publicity, the names of the candidates and the positions to which they aspire. Any candidate wishing to withdraw an authorization of candidacy must do so no later than 35 CALENDAR days [, including Saturdays, Sundays and legal holidays,] prior to the day of election.
Section 4. BE IT FURTHER RESOLVED by the Mayor and Council of the City of College Park that Article IV, “Voting and Elections”, §C4-6, “Runoff elections” be repealed, re-enacted and amended to read as follows:
§ C4-6 Runoff elections.
In the event of a tie vote in the election of Mayor and/or Council member, a runoff election of the tied candidates shall be conducted on [the fourth Tuesday after the election] A DATE TO BE DETERMINED BY THE MAYOR AND COUNCIL, BY MOTION, THAT IS NO MORE THAN 45 DAYS FROM THE DATE OF
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016 21-CR-01 CERTIFICATION OF THE ELECTION. [If, due to the date of a special election, a runoff election would occur on a City, state, county or federal election day or holiday, t] The runoff election shall be scheduled on a date THAT IS NOT A CITY, STATE, COUNTY OR FEDERAL ELECTION DAY OR HOLIDAY. [during the 4th week following that special election, such that it would not fall on the City, state, county, or federal election day or holiday.]
Section 5. BE IT FURTHER RESOLVED by the Mayor and Council of the
City of College Park that this Charter Resolution was introduced on the ___ day of
February, 2021 and was considered for adoption after a public hearing. It is adopted as amended this ______day of ______, 2021, after at least 21 days of prior public notice of the public hearing and shall be and become effective upon the fiftieth
(50th) day after its passage by the City unless petitioned to referendum in accordance with
§4-304 of the Local Government Article, Annotated Code of Maryland within forty (40) days following its passage. A complete and exact copy of this Amended Charter
Resolution shall be posted in the City offices located at 8400 Baltimore Avenue, Suite
375, College Park, Maryland for forty (40) days following its passage by the Mayor and
Council and a fair summary of the Charter Resolution shall be published in a newspaper having general circulation in the City not less than four (4) times, at weekly intervals, also within the forty (40) day period following its adoption by the City.
Section 6. BE IT FURTHER RESOLVED that, within ten (10) days after the
Charter Resolution hereby enacted becomes effective, either as herein provided or following referendum, the City Manager for the City of College Park shall send separately, by mail, bearing a postmark from the United States Postal Service, to the Department of
Legislative Services, one copy of the following information concerning the Amended
Charter Resolution: (i) the complete text of this Resolution; (ii) the date of referendum election, if any, held with respect thereto; (iii) the number of votes cast for and against this
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017 21-CR-01 Resolution by the Council of the City of College Park or in the referendum; and (iv) the effective date of the Charter Resolution.
Section 7. BE IT FURTHER RESOLVED that the City Manager of the City of
College Park be, and hereby is, specifically enjoined and instructed to carry out the provisions of Sections 2 and 3 as evidence of compliance herewith; and said City Manager shall cause to be affixed to the minutes of this meeting (i) an appropriate Certificate of
Publication of the newspaper in which the fair summary of the Charter Resolution shall have been published; and (ii) shall further cause to be completed and executed the
Municipal Charter or Annexation Resolution Registration Form.
Section 8: BE IT FURTHER RESOLVED that if any provision of this Charter
Resolution or the application thereof to any person or circumstance is held invalid for any reason, such invalidity shall not affect the other provisions or any other application of this
Charter Resolution which can be given effect without the invalid provisions or application, and to this end, all the provisions of this Resolution and of the Charter are hereby declared to be severable.
INTRODUCED by the Mayor and Council of the City of College Park at a regular meeting on the day of February 2021.
ADOPTED by the Mayor and Council of the City of College Park at a regular meeting on the ______day of ______2021.
EFFECTIVE the ______day of ______, 2021.
ATTEST: CITY OF COLLEGE PARK,
______By ______Janeen S. Miller, CMC, City Clerk Patrick L. Wojahn, Mayor
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018 21-CR-01
APPROVED AS TO FORM AND LEGAL SUFFICIENCY:
______Suellen M. Ferguson, City Attorney
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019 2021 Proposed Election Timeline 15-Jul 4-Aug 24-Aug 13-Sep 3-Oct 23-Oct 12-Nov Election Season August 1 - November 7 1-Aug Petitions and authorization due 1-Aug Prepare ballots 15-Sep Last day to withdraw candidacy 19-Sep Submit ballots for printing 20-Sep Prepare applications for mailing 21-Sep Submit applications for printing and mailing 27-Sep Ballots are received back in office 1-Oct Voter receives their absentee application 4-Oct Requested ballots are mailed to voters 4-Oct Late application (in person) absentee 27-Oct Election Day 7-Nov
Election Timeline Without Changes 15-Jul 4-Aug 24-Aug 13-Sep 3-Oct 23-Oct 12-Nov
Election Season August 1 - November 7 1-Aug Petitions and authorization due 1-Aug Prepare ballots 22-Sep Last day to withdraw candidacy 3-Oct Submit ballots for printing 4-Oct Prepare applications for mailing 21-Sep Submit applications for printing and mailing 27-Sep Ballots are received back in office 15-Oct Voter receives their absentee application 4-Oct Requested ballots are mailed to voters 17-Oct Late application (in person) absentee 1-Nov Election Day 7-Nov
020
Notice of Public Hearing for Ordinance 21-CR-01, introduced on February 23, 2021:
• Posted to City Bulletin Board on February 25, 2021 • Posted to City Website on February 24, 2021 • Posted on Cable Television Channel on February 24, 2021 • Sent to Constant Contact LISTSERV on February 26, 2021 • Posted in the College Park Municipal Scene: March 2021
ATTEST:
Janeen S. Miller, City Clerk
021
NOTICE OF PUBLIC HEARING CHARTER RESOLUTION 21-CR-01 MARCH 23, 2021 7:30 P.M.
Charter Resolution of the Mayor and Council of the City of College Park, To Amend Article III, “Mayor and Council”, §C3-5, “Election” and §C3-6, “Vacancies”, and Article IV, “Voting and Elections”, §C4-5, “Petitions For Candidacy; Employees” and §C4-6, “Runoff Elections”, To Require That On Or Before March 31 Of A General Election Year, The Mayor and Council Will Set, By Motion, The Date In November For The General Election, That If The Mayor And Council Fail To Set The Election Date, The General Election Will Be Held On The First Tuesday Following The First Monday In November, That Withdrawal As A Candidate In A General Election Must Be Filed No Later Than The 49th Day Prior To The Election, And In A Special Election Must Be Filed No Later Than Noon On The 4th Calendar Day After the Application Deadline, To Allow More Flexibility In Setting The Date Of Any Run-Off Election Within A 45 Day Time Period, To Reduce The Additional Time Allowed For Receipt Of Candidate Petitions and Authorizations When A Candidate Has Not Initially Qualified, and To Change Certain Filing Deadlines, To Accommodate The Additional Time Required To Vote By Mail And To Process The Ballots, And To Make Conforming Changes.
Charter Resolution 21-CR-01 was introduced at the Regular Meeting on February 23, 2021. The staff report that explains these proposed Charter amendments is posted here.
The Public Hearing will be held virtually on Tuesday, March 23, 2021 at 7:30 p.m. To obtain the meeting link or phone number to join the meeting, please visit the Mayor and Council Meeting page on our website . All interested parties will have the opportunity to be heard. Please note, participants will be muted during the meeting except during public comment.
Copies of this Charter Resolution may be obtained from the City Clerk’s Office, 8400 Baltimore Avenue, Suite 375, College Park, MD 20740, by calling 240-487-3501, or from the City’s website: www.collegeparkmd.gov.
If you are unable to participate in the meeting, you may submit written comment prior to the Public Hearing. In order to be received by the Council as part of the record, the comment must include the specific topic to which it relates and the full name and address of the person submitting the comment. Written comment should be submitted no later than 5:00 p.m. on the day of the hearing to [email protected].
022 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.
023
PUBLIC HEARING Ordinance 21-O-04
024 CITY OF COLLEGE PARK, MARYLAND REGULAR MEETING AGENDA ITEM
AGENDA ITEM: 21-O-04
Prepared By: Janeen S. Miller, Meeting Date: 03/23/2021 City Clerk
Presented By: Janeen S. Miller Proposed Consent: N/A
Originating Department: City Clerk’s Office for the Board of Election Supervisors
Action Requested: Adoption of Ordinance 21-O-04 to amend Chapter 34, Elections, to include electronic posting and messaging in the definition of political matter, to change the dates for filing an application for an absentee ballot and for a late absentee ballot to allow more time for transit through the US mail, to remove the requirement that the notice to candidates and treasurers concerning filing of finance reports and independent expenditure reports be given by ordinary mail, and make certain clarifying, conforming and numbering changes.
Strategic Plan Objective: Objective 1: Innovate and improve City services to enhance quality, value and accessibility for all our residents.
Background/Justification: The City will hold an election for the office of Mayor and all eight district Councilmembers in November. The Mayor and Council have held two Worksession discussions (February 2 and February 16) with the Board of Election Supervisors and have discussed changes to the election date and other matters related to the November election. Specifically, the Council is interested in holding the election on Sunday, November 7, and in having applications for absentee ballots mailed to all registered voters.
Changes to the City Charter were introduced on February 23 by way of Charter Amendment 21-CR-01. The attached companion ordinance with changes to City Code Chapter 34, Elections, was introduced on March 9, 2021. The Public Hearing is scheduled for March 23.
These proposed amendments to Chapter 34 of the City Code are detailed below.
1. 34-3 Definitions: Add the word “Finance” to correct the title of the Campaign Finance Report. Change the reference from “Councilperson” to “Council Member” throughout the Chapter. Add additional descriptions to the definition of Political Matter.
2. 34-5 Polling places; hours of voting; early voting: Removal of the word “City” is a non-substantive conforming change.
3. 34-6 C (2) Absentee balloting, Application: The way it is written now, a voter may request an absentee ballot by mail until seven days before the election. Staff believes that seven days might not provide enough time for the ballot to reach the voter through the US mail. This amendment extends the number of days to 12 days before the election to allow more time for the ballot to reach the voter by mail and improve the chances that the voter can return it in time to be counted. This amendment also removes the reference to the day of the week.
4. 34-6 C (2) (a) - Renumbered to 34-6 C (3): Absentee balloting, Late application: When the ‘application for absentee ballot by mail’ period has ended (12 days before the election), a voter may apply for an absentee ballot in person, which is called ‘late application’. This amendment will adjust the timeline for late application to begin 11 days before election instead of 6 days before the election. 025
5. 34-15 A (4) Campaign finance reports; independent expenditure report: Staff is requesting reconsideration of the requirement that written notices of Campaign finance report deadlines be sent “by ordinary mail” to allow staff to send such required notices by email.
Fiscal Impact: None
Council Options: 1. Hold the Public Hearing and Adopt 21-O-04. 2. Hold the Public Hearing, and amend the ordinance prior to adoption. 3. Discuss but delay adoption.
Staff Recommendation: #1
Recommended Motion: I move to adopt Ordinance 21-O-04 to amend Chapter 34, Elections, to include electronic posting and messaging in the definition of political matter, change the dates for filing of an application for an absentee ballot and a late filing for an absentee ballot, remove the requirement that the notice to candidates and treasurers concerning filing of finance reports and independent expenditure reports be given by ordinary mail, and make certain clarifying, conforming and numbering changes.
Attachments: 1. Ordinance 21-O-04 as introduced
2 026
21-O-04
ORDINANCE OF THE MAYOR AND COUNCIL OF THE CITY OF COLLEGE PARK, AMENDING CHAPTER 34, “ELECTIONS”, ARTICLE I, “GENERAL PROVISIONS” §34-3, “DEFINITIONS”; ARTICLE II, CONDUCT OF ELECTIONS, § 34-5, “POLLING PLACES; HOURS OF VOTING; EARLY VOTING”, §34-6, “ABSENTEE BALLOTING”, AND §34-7, “RUNOFF ELECTIONS”; AND ARTICLE III, “FAIR ELECTION PRACTICES”, §34-15, “CAMPAIGN FINANCE REPORTS; INDEPENDENT EXPENDITURE REPORT”; TO INCLUDE ELECTRONIC POSTING AND MESSAGING IN THE DEFINITION OF POLITICAL MATTER, CHANGE THE DATES FOR FILING OF AN APPLICATION FOR AN ABSENTEE BALLOT AND A LATE FILING FOR AN ABSENTEE BALLOT, REMOVING THE REQUIREMENT THAT THE NOTICE TO CANDIDATES AND TREASURERS UNDER § 34-15A(2) AND (3) CONCERNING FILING OF FINANCE REPORTS AND INDEPENDENT EXPENDITURE REPORTS BE GIVEN BY ORDINARY MAIL, AND MAKE CERTAIN CLARIFYING, CONFORMING AND NUMBERING CHANGES.
WHEREAS, pursuant to the Local Government Article, Annotated Code of Maryland, the City of College Park (hereinafter, the “City”) has the power to provide for elections for municipal purposes; and
WHEREAS, the City has adopted Chapter 34, “Elections”, to regulate municipal elections; and
WHEREAS, the Mayor and Council have recently adopted amendments to the Charter to change the manner in which the general election date is set, to change certain deadlines for election filings, to allow more flexibility in setting the dates for a run-off election, and to accommodate the addition time required to vote by mail; and
WHEREAS, the said Charter amendments require conforming amendments to Chapter
34, “Elections”.
______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
027 21-O-04
WHEREAS, the Mayor and Council have determined that it is in the public interest to adopt the foregoing amendments to Chapter 34 required by the Charter amendments, and to make other clarifying changes.
Section 1. NOW THEREFORE, BE IT ORDAINED AND ENACTED, by the Mayor and Council of the City of College Park, Maryland that Chapter 34 “Elections”, Article I “General
Provisions” §34-3, “Definitions” be and it is hereby repealed, re-enacted and amended to read as follows:
§ 34-3 Definitions. As used in this chapter, the following terms shall have the meanings indicated below:
* * * * *
[CAMPAIGN REPORT] CAMPAIGN FINANCE REPORT
A report of contributions received and expenditures.
CANDIDATE
Any person who seeks election to the office of Mayor or Council[person] MEMBER of the
City of College Park.
* * * * *
ELECTION
The process by which the voters of the City of College Park vote for Mayor or
Council[person] MEMBER, any Charter amendment, proposition or question, and, unless
otherwise indicated, shall include all elections, general, special, runoff and referendum.
* * * * *
POLITICAL MATTER
2 028 21-O-04
Any pamphlet, circular, card, sample ballot, poster, billboard, advertisement, button,
ELECTRONIC POSTING OR MESSAGE, or any other printed, photographed, typewritten
or written material or statement relating to any candidate or prospective candidate, or any
matter or issue which has been submitted to a vote at an election or is in the process of being
petitioned to referendum.
* * * * *
PUBLIC OFFICE
The office of Mayor or Council[person] MEMBER of the City of College Park.
* * * * *
Section 2. BE IT FURTHER ORDAINED AND ENACTED by the Mayor and Council of the City of College Park that Chapter 34 “Elections”, Article II “Conduct of Elections” §34-5,
“Polling places; hours of voting; early voting” be and it is hereby repealed, re-enacted and amended to read as follows:
§ 34-5 Polling places; hours of voting; early voting.
Polling places and hours for election day shall be designated by the Supervisors of Elections with the approval of Mayor and Council. The polling places and hours for one or more early voting days shall be designated by the Supervisors of Elections with the approval of Mayor and Council.
A voter may vote at a designated polling place on the day of the election or at a designated [City] early voting polling place. All qualified voters who are waiting in line to vote at the time of the official closing of the polls shall be permitted to vote.
Section 3. BE IT FURTHER ORDAINED AND ENACTED by the Mayor and Council of the City of College Park that Chapter 34 “Elections”, Article II “Conduct of Elections” §34-6,
“Absentee balloting” be and it is hereby repealed, re-enacted and amended to read as follows:
3 029 21-O-04
§ 34-6 Absentee balloting.
A. – B. * * * * *
C. Applications for absentee ballots.
(1) * * * * *
(2) Deadline for receipt of application. Except for a late application under Subsection [C(2)(a)]
C(3) of this section, application for an absentee ballot must be received by the Supervisors of
Elections not later than [the Tuesday or, if not on Tuesday, seven] 12 CALENDAR days
preceding the election, at the time specified by the Supervisors of Elections.
[(a)] (3) Late application.
[[1]] (A) Beginning [six] 11 CALENDAR days preceding the election, through the closing of the
polls on Election Day, a registered voter or the voter's duly authorized agent may apply in
person for an absentee ballot at the City Clerk's office.
[[2]] (B) A special application for an absentee ballot issued under this subsection shall be supplied
by the Supervisors of Elections or the City Clerk to the voter or the voter's duly authorized
agent.
[[3]] (C) After review of the application, if the Supervisors of Elections find that the voter qualifies
for absentee voting, the City Clerk shall issue an absentee ballot to the voter or the voter's
duly authorized agent.
Section 4. BE IT FURTHER ORDAINED AND ENACTED by the Mayor and Council of the City of College Park that Chapter 34 “Elections”, Article II “Conduct of Elections” §34-7,
“Runoff elections” be and it is hereby repealed, re-enacted and amended to read as follows:
4 030 21-O-04
§ 34-7 Runoff elections.
In the event that an election results in a tie vote for Mayor or Council[person] MEMBER, a runoff election shall be conducted as provided in the Charter. The same rules and procedures that apply to regular elections shall apply to runoff elections, with the following additional provisions:
A. – C. * * * * *
Section 5. BE IT FURTHER ORDAINED AND ENACTED by the Mayor and Council of the City of College Park that Chapter 34 “Elections”, Article III “Fair Election Practices” § 34-
15, “Campaign finance reports; independent expenditure report” be and it is hereby repealed, re- enacted and amended to read as follows:
§ 34-15 Campaign finance reports; independent expenditure report
A. Each candidate, the treasurer of each political committee, and any person making
aggregate independent expenditures of $100 or more in an election cycle for campaign
material that is a public communication, shall file reports disclosing contributions and
expenditures with the City Clerk for the Supervisors of Elections. Even if no contributions or
expenditures have been made during the period covered by the report, a statement to that effect
must be filed by a candidate and treasurer of each political committee. Candidate reports
required under this section may be electronically filed in an acceptable format at an address
designated by the City Clerk, if prior to filing the candidate has authorized electronic filing on
a form provided by the Supervisors of Elections and has designated one or more e-mail or
other addresses from which reports will be filed.
(1). – (3). * * * * *
5 031 21-O-04
(4) At least 10 working days before the reports specified in § 34-15A(2) and (3) are
required to be filed, the City Clerk shall send written notice[, by ordinary mail]to all
candidates and treasurers to remind them of the necessity of complying with the
reporting requirements of § 34-15A(2) and (3) and setting forth the dates for filing;
provided, further, that no penalty shall be assessed under Chapter 110 unless the City
Clerk has sent such written notice to candidates and treasurers.
B. – E. * * * * *
Section 6. 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 7:30 P.M. on the 23rd day of March , 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. This Ordinance shall become effective on ______, 2021 provided that, as soon as practicable after adoption, the City Clerk shall post a fair summary of the
6 032 21-O-04
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.
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 by the Mayor and Council of the City of College Park, Maryland at a regular meeting on the 9th day of March 2021.
ADOPTED by the Mayor and Council of the City of College Park, Maryland at a regular meeting on the _____ day of ______2021.
EFFECTIVE 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
7 033
Notice of Public Hearing for Ordinance 21-O-04, introduced on March 9, 2021:
• Posted to City Bulletin Board on March 11, 2021 • Posted to City Website on March 12, 2021 • Posted on Cable Television Channel on March 11, 2021 • Sent to Constant Contact LISTSERV on March 13, 2021 • Posted in the College Park Municipal Scene: N/A
ATTEST:
Janeen S. Miller, City Clerk
034
NOTICE OF PUBLIC HEARING ORDINANCE 21-O-04 MARCH 23, 2021 7:30 P.M.
An Ordinance Of The Mayor And Council Of The City Of College Park, Amending Chapter 34, “Elections”, Article I, “General Provisions” §34-3, “Definitions”; Article II, Conduct Of Elections, § 34-5, “Polling Places; Hours Of Voting; Early Voting”, §34-6, “Absentee Balloting”, And §34-7, “Runoff Elections”; And Article III, “Fair Election Practices”, §34-15, “Campaign Finance Reports; Independent Expenditure Report”; To Include Electronic Posting And Messaging In The Definition Of Political Matter, Change The Dates For Filing Of An Application For An Absentee Ballot And A Late Filing For An Absentee Ballot, Removing The Requirement That The Notice To Candidates And Treasurers Under § 34-15a(2) And (3) Concerning Filing Of Finance Reports And Independent Expenditure Reports Be Given By Ordinary Mail, And Make Certain Clarifying, Conforming And Numbering Changes.
Ordinance 21-O-04 was introduced at the Regular Meeting on March 9, 2021. The Public Hearing will be held virtually on Tuesday, March 23, 2021 at 7:30 p.m.
This ordinance will update the City’s election Code to change the timeline for a voter to request an absentee ballot by mail to allow more time for applications and ballots to move through the U.S. mail to help ensure that a voted ballot will be received in time. The revision also removes a requirement that a deadline notice be made by “ordinary” mail. Other non-substantive changes are outlined in the staff report.
To obtain the meeting link or phone number to join the meeting, please visit the Mayor and Council Meeting page on our website . All interested parties will have the opportunity to be heard. Please note, participants will be muted during the meeting except during public comment.
Copies of this Ordinance may be obtained from the City Clerk’s Office, 8400 Baltimore Avenue, Suite 375, College Park, MD 20740, by calling 240-487-3501, or from the City’s website: www.collegeparkmd.gov.
If you are unable to participate in the meeting, you may submit written comment prior to the Public Hearing. In order to be received by the Council as part of the record, the 035 comment must include the specific topic to which it relates and the full name and address of the person submitting the comment. Written comment should be submitted no later than 5:00 p.m. on the day of the hearing to [email protected].
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.
036 21-G-41 Volta Contract
037 CITY OF COLLEGE PARK, MARYLAND REGULAR MEETING AGENDA ITEM
AGENDA ITEM: 21-G-41_
Prepared By: Bill Gardiner Meeting Date: 03/23/2021 Interim City Manager
Presented By: Bill Gardiner Proposed Consent: Yes Interim City Manager
Originating Department: Administration / Information Technology
Action Requested: Approval of an amendment to the contract with Volta, Inc. for IT services
Strategic Plan Objective: Innovate and improve City services to enhance quality, value, and accessibility for all our residents.
Background/Justification: In September 2017, the City contracted with DMD Data Systems, Inc. (now Volta, Inc.) to provide monitoring and support services for the City’s IT network at a monthly cost of $4,485. This was an expansion of services the firm had previously provided to the City due to the reduction of IT staffing. IT Services not included in the contract are billed at $175 per hour.
The City has been very satisfied with Volta’s work. Volta has assisted with IT needs associated with the relocation of the server room due to the City Hall project and with the design of the new server room. Staff had originally anticipated that the total services from Volta would continue but decrease when the City hired additional IT staff. However, contracting with Volta for these services has been more cost-effective than providing the services in-house and the City has not increased IT staffing. The number and type of equipment that Volta monitors has increased and staff would like to make this an annual contract with two one-year renewal terms. The City will still be able to terminate the contract at any time for any reason prior to the end of the term.
Fiscal Impact: The cost of these services is included in the FY21 budget and the proposed FY22 budget.
Council Options: 1. Approve an amendment to the existing contract with Volta, Inc. for IT services as outlined in the Volta proposal and providing for a 12-month term with two 12-month renewal periods. 2. Approve an amendment to the existing contract with Volta, Inc. for the IT services outlined but for a different term. 3. Request additional information from staff.
Staff Recommendation: Option #1
Recommended Motion: I authorize the Interim City Manager to sign an amended contract, prepared by the City Attorney, with Volta, Inc. to provide IT services in the amount of $5,455 per month, and for services outside the contract scope of work to be billed at $175 per hour. The contract term shall be 12 months, and there will be an option to extend the contract for two additional terms.
Attachments: Proposal from Volta, Inc. for IT support services based on current City equipment and needs.
038 Confidential
City of College Park Volta Managed Services Renewal
039 208 Steele Street Frankfort, Kentucky 40601 voltainc.com 859.296.5780
Services
Item Description Recurring Qty Ext. Recurring
VOLTASVCS Physical / Virtual Server Support - Per Server - Per Month $185.00 19 $3,515.00
VOLTASVCS Cisco ASA Support - Per Device - Per Month $75.00 2 $150.00
VOLTASVCS Cisco Switch Support - Per Device - Per Month $75.00 10 $750.00
VOLTASVCS Storage Management and Administration - Per Device - $250.00 3 $750.00 Per Month
VOLTASVCS Storage Backup Management - Fixed Price - Per Month $250.00 1 $250.00
VOLTASVCS UPS Support-Per Device-Per Month $20.00 2 $40.00
This is a monthly rate as part of 12 month agreement.
Start Date: 4/16/2021
End Date: 4/15/2022
Recurring Subtotal: $5,455.00
Quote #004144 v1 Page 2 of 3 040 208 Steele Street Frankfort, Kentucky 40601 voltainc.com 859.296.5780
Volta Managed Services Renewal
Prepared by: Prepared for: Quote Information: Volta City of College Park Quote #: 004144 Bethany Meacham 4500 Knox Road Version: 1 (859) 296-5780 x103 College Park, MD 20740-3390 Delivery Date: 03/03/2021 [email protected] Sarah Price Expiration Date: 04/02/2021 (240) 487-3529 [email protected]
On behalf of: Rick Clements
Recurring Expenses Summary
Description Amount Services $5,455.00
Recurring Total: $5,455.00
Quote valid for 30 days. Prices do NOT include tax or any other fees (if applicable), shipping expedites will be customer responsibility. Purchase Terms: 100% of the Hardware / Software costs are required upon receipt of goods unless otherwise agreed to. All prices and configuration part #'s subject to change & manufacturers terms and conditions. All information contained in this estimate is confidential between above named customer and Volta, Inc. By signing below you are agreeing to the terms and conditions of the Technical Support and Services Agreement, if included, in addition to signing off on the proposal as a whole.
Signature: Date:
Quote #004144 v1 Page 3 of 3 041 21-G-42 Approval of Minutes
042 WORKSESSION MINUTES College Park City Council Tuesday, February 16, 2021 7:30 p.m. – 10:32 p.m.
Due to the COVID-19 Pandemic, this was a Virtual Meeting.
PRESENT: Mayor Wojahn; Councilmembers Kabir, Kennedy, Dennis, Esters, Day, Rigg, Mitchell, and Mackie.
ABSENT: None.
ALSO PRESENT: Bill Gardiner, Interim City Manager; Janeen S. Miller, City Clerk; Yvette T. Allen, Assistant City Clerk; Suellen Ferguson, City Attorney; Teresa Way-Pezzuti, Director of Human Resources; Terry Schum, Director of Planning; Miriam Bader, Senior Planner; Bob Ryan, Director of Public Services; Brenda Alexander, Assistant Director Public Works; Bridgette Johnson, Economic Development Manager; Adam Rosenbaum, Student Liaison; Julia Nikhinson, Deputy Student Liaison.
Mayor Wojahn opened the Virtual Worksession at 7:30 p.m.
City Manager’s Report: Mr. Gardiner reviewed last weekend’s family fun Dino Hunt and announced the upcoming Q&A with School Board Member Joshua Thomas. Mayor Wojahn provided an update on COVID-19 vaccines based on an earlier briefing by County Executive Alsobrooks.
Amendments to /Approval of Agenda: Motion by Councilmember Mitchell/second by Councilmember Mackie to adopt the agenda without amendment; motion passed 8-0.
Discussion items: 1. 2021 Municipal Election: Ms. Miller reviewed the direction received from Mayor and Council at the last Worksession: Due to COVID, the administration and location of the election should be modified. Council preferred Scenario 3 where we would mail applications for absentee ballots to all registered voters. We were asked to cost out the difference if Election Day was moved to a Sunday. She reviewed the revised cost estimates and answered questions. We added two new ballot drop boxes to the price and increased the cost of mailings because we increased our assumption of the ballot applications will come back. There was discussion about holding the election on a Sunday. In 2019 we held Early Voting on a Sunday and in 2020 held the District 2 Special Election on a Sunday with only positive comments. The Board feels it might be more convenient for people to vote on a Sunday and may increase voter turnout. This would require a Charter Change. Discussion about the overall increase in the cost of City elections since 2017. Estimate a net increase of $2,450 to mail ballots instead of applications.
043 College Park Worksession Minutes February 16, 2021 Page 2
Consensus of Council: 1) mail applications for absentee ballots to all registered voters (6-2); 2) move Election Day to Sunday (7-0-1 abstention); 3) No Early Voting (8-0).
Return with necessary Charter and Code changes.
2. Discussion with the Tree and Landscape – Brenda Alexander and Board Chair Rashawna Alfred, Janet Wagner. Ms. Alexander and Ms. Alfred reviewed the annual report and Workplan. They hope Council will be ready to move forward with an Urban Tree Canopy Protection ordinance and support an increase in TCEP (Tree Canopy Enhancement Program) funding. TLB concerns: loss of trees in conjunction with new development; request for increased Council oversight to require replanting in the City; need for a 3:1 ratio; request that a representative from the Planning Department be reinstated to the Board. Council discussion: Determine how we can work with the County to mitigate tree loss. Include the Planning Director on TLB meeting notices.
Tree Canopy: To move from a 38% to 40% tree canopy we would need to plant 12,000 trees that are successful. The City can only plant trees in the public space/right of way; we don’t have enough ROW acreage, so we need to look at residential property to restore tree canopy. It is hard in an area like College Park to find enough acreage to plant the number of trees that would be needed. We may need to review this OKR – it sets a high bar. Concern that the tree canopy protection ordinance is going to be a hard sell to residents. Return future W/S.
3. Discussion with the Animal Welfare Committee Co-Chairs Kathy Rodeffer and Suzie Bellamy. Staff supports proposed changes to the purpose of AWC. Not everyone is aware we have an Animal Control Officer; we should get the word out. There is additional funding for spay/neuter proposed in the budget; the Four Cities grant funding is dwindling. The success of the TNR program is showing in the shrinking feral cat colonies. Move forward with changes proposed re volunteers and purpose.
4. Special Exception Application for The Children’s Guild Preschool at the College Park United Methodist Church. Ms. Schum explained this is a Special Exception application to allow a 120-child preschool to operate at the College Park United Methodist Church. This use is designated as a Special Exception to determine if its compatible with its surroundings. This will not require a Detailed Site Plan: this case will go to the Planning Board on March 4, then to the Zoning Hearing Examiner, then to the District Council. We are trying to bring development applications to the APC when possible. In this case, adjoining residents were invited to a meeting; a transcript of the conversation is included for Council’s information.
Ms. Bader reviewed the staff report. The pre-school would locate into the existing church building. A play area and sidewalks will be added. The school will be open year round with before and after care. 6 classrooms with 20 students each, ages 3-5. The Church hosts other operations: the City’s senior staff, senior social club, Meals on Wheels, 2 other churches, and the
044 College Park Worksession Minutes February 16, 2021 Page 3
Boy Scouts. It is not clear how the parking needs of these ancillary uses will be met. She reviewed the conditions in the staff report.
For the applicant: Attorney Matt Tedesco. For The Children’s Guild, DBA Monarch Preschool: Duane Arbogast, Chanda Beaufort, Francisca Koduah, Krissie Taylor, Luther Ghiz, and Mike Lenhart. For the Church: Fay Lundin. Mr. Tedesco said the NCPCA voted to support the application. The hearing before the ZHE may be in April; a decision 30-45 days later; then application goes to the District Council. Hoping for approval in summer and to be ready to open in the fall, depending on COVID regulations.
Councilmember Kabir asked about traffic. Councilmember Mitchell asked about if there is a residency requirement, tuition, staff credentials and accreditation. Mayor Wojahn asked the applicant if they agree with all of the proposed conditions. Mr. Tedesco said they will request some minor wordsmithing. The only concern is the request to relocate the dumpster because of the tree. Hope to have that worked out by next week. Councilmember Esters asked if there is any preference for children from College Park. Mr. Arbogast said right now it is first come first served. Councilmember Mackie asked about permit parking on Hollywood and 50th Avenue, and if there was any thought given to increasing on-site parking? Mr. Tedesco said they have focused on circulation rather than parking. It is adequately parked per the code, they are trying to balance the need of the ancillary uses, but don’t want to increase impervious surface. They are balancing the needs of the use, being responsive to the community, and being mindful of the cost. To agenda next week.
5. Council discussion of request by Tempo Student Housing project (Gilbane) for a limited amendment to the City Code to grant the project a Revitalization Tax Credit Bridgette Johnson reviewed the staff report. Tonight’s question is whether to direct the City Attorney to draft the limited ordinance to allow this project to get a Revitalization Tax Credit? This is a two-step process. The ordinance, if adopted, would enable the project to be eligible. A separate discussion would be held to determine the amount, if any, to grant.
Ms. Mackie does not support: Not fair to residents to pay a tax credit, they got the school facilities surcharge credit, these are precarious times and there is a lot on our plate.
Councilmember Kabir said this error happened at multiple levels and asked what the law says when a mistake happens and you are dealing with public funds. Ms. Ferguson said when the Council approved this they acted outside their own law (in error), which they are not allowed to do, so it has no effect. Nothing requires the government to proceed with what was voted on at the time.
Councilmember Rigg said we made an error that impacts the reputation of this body and the City. We voted unanimously to grant the tax credit because we found the arguments compelling. We could damage our reputation to now say we don’t find those arguments compelling. We should stand by what we determined to make it right. To do otherwise would send the wrong
045 College Park Worksession Minutes February 16, 2021 Page 4
signal to the development community. Disclosure: He had an informal conversation about this with an attorney for the developer in the context of a different conversation.
Councilmember Kennedy requested a high-level explanation of why tax credits are important. Ms. Johnson explained it is not a giveaway; but the tax the project pays would be at a discounted rate. It is an incentive used to attract certain developments to the City to increase the tax base.
Councilmember Day said this building will contribute to our tax base for 30-40 years. We worked for many years to help change the dynamic so that businesses would want to come to College Park and this RTC is one of those incentives. We voted unanimously for it so the right thing to do is to honor it.
To agenda next week. City Attorney will draft an ordinance for introduction.
6. Review of legislation: • Approved in Special Session: Letter of support for SB 148 / HB 66 re coal-fired power plants. See minutes for 21-G-23. • Approved in Special Session: Letter of support for HB 272 re Public Information Act Required Denials. See minutes for 21-G-22. • HB 67 re MDOT Promises Act of 2021 – add to next week’s consent agenda. The hearing is 2/24. Requires that a portion of the tolls paid on 495/270 expansion be used for transit. • HB 1093 Real Property – provide information next week. • SB0188 / HB 0063 / HB 0704 re Maglev – add to next week’s consent agenda.
7. Requests for/Status of Future Agenda Items: • Councilmember Mackie: Schedule future discussion of the environmental implications of the SC MAGLEV project. She will submit the form. Consider inviting Council Member Glaros to attend a W/S; we have until 4/22. This was also discussed at the MML Legislative Committee and the Four Cities Meeting. Mackie/Dennis to add: 8-0. • Councilmember Esters: Schedule the Permit Parking on Pontiac Street item for discussion. Staff will schedule.
8. Mayor and Councilmember Comments: Girl Scout cookies.
9. City Manager's Comments: Closed Session tonight.
ADJOURN: A motion was made by Councilmember Mitchell and seconded by Councilmember Rigg to adjourn into a Closed Session. Mayor Wojahn read the Closing Statement: Pursuant to the statutory authority of the Maryland Annotated Code, General Provisions Article § 3-305, the Mayor and Council of the City of College Park will meet in a Closed Session after the Council meeting on February 16, 2021 to consider the acquisition
046 College Park Worksession Minutes February 16, 2021 Page 5
of real property for a public purpose. Specifically, the Mayor and Council will consider their response to a proposal by the owner of the Stone Industrial Property and will also discuss a parcel owned by the College Park Fire Department. The Mayor and Council are holding this discussion in Closed Session as provided by law because if the discussion were held in open session it could harm the City’s negotiating position. The City Council will not return to public session after the Closed Session ends. The motion passed 8-0 and the Worksession was adjourned at 10:32 p.m.
______Janeen S. Miller Date City Clerk Approved
047 SPECIAL SESSION MINUTES College Park City Council Tuesday, February 16, 2021 10:19 p.m.
Due to the COVID-19 Pandemic, this was a Virtual Meeting.
PRESENT: Mayor Wojahn; Councilmembers Kabir, Kennedy, Dennis, Esters, Day, Rigg, Mitchell, and Mackie.
ABSENT: None.
ALSO PRESENT: Bill Gardiner, Interim City Manager; Janeen S. Miller, City Clerk; Suellen Ferguson, City Attorney; Adam Rosenbaum, Student Liaison; Julia Nikhinson, Deputy Student Liaison.
During the regularly scheduled Worksession on February 16, 2021, a motion was made by Councilmember Kennedy and seconded by Councilmember Mitchell to enter into a Special Session to consider time-sensitive legislative matters. The possibility of the Special Session was listed on the Worksession agenda. The motion passed 8-0.
ACTION ITEMS: 21-G-23 Letter of support for SB 148 / HB 66 Electric Generation - Transition From Fossil Fuels - Carbon Dioxide Emissions Rate and Transition Plan and Fund (Maryland Coal Community Transition Act of 2021)
Mayor Wojahn said there is one remaining coal fired power plant in the County. The County has not taken a position on the bill. The coal burners are scheduled for decommissioning later this year. This bill could provide support for that transition. The hearing is February 18.
Motion by Councilmember Day, seconded by Councilmember Rigg, to send a letter in support of the bill.
Councilmember Day said he is the Chair of COG Air Quality Control Committee and they have paid attention to this bill and are in support. Closing the plant will help reduce carbon emissions in the area.
Comments from the audience: Mary King, resident: What are the other consequences if this closes - will people be put out of work? Does this bill take those things into consideration?
Mayor Wojahn explained that the power plant is scheduled to close and this bill establishes a fossil fuel community transition fund to provide grants to assist in transitioning away from the power plan.
The motion passed 8-0.
048 February 16, 2021 Special Session Minutes Page 2
21-G-22 Letter of Support for HB 272 re Public Information Act - Required Denials - Sociological Information and Distribution Lists
Mayor Wojahn said we received a request from Del. Al Carr to support the bill. It is regarding whether the MDOT must provide a list of who has received notice about use of eminent domain for their property.
Motion by Councilmember Kennedy, second by Councilmember Mitchell to send letter of support.
There we no comments from the audience or Council.
The motion passed 8-0.
Motion to adjourn from Special Session by Councilmember Day, seconded by Councilmember Dennis, passed 8-0. Special Session adjourned at 10:28 p.m.
______Janeen S. Miller Date City Clerk Approved
049 21-G-43 Detailed Site Plan 20031 for Aspen/Maryland student housing project
050 CITY OF COLLEGE PARK, MARYLAND REGULAR MEETING AGENDA ITEM
AGENDA ITEM: 21-G-43_
Prepared By: Miriam Bader Meeting Date: March 23, 2021 Senior Planner
Presented By: Miriam Bader, Senior Planner Proposed Consent: No Terry Schum, Planning Director
Originating Department: Planning and Community Development
Issue Before Council: Detailed Site Plan, DSP-20031 for Aspen-Maryland, 4205 and 4206 Knox Road. Strategic Plan Objective: Objective 5: Plan and facilitate strategic economic development and smart growth to support a variety of businesses that can thrive and serve the diverse needs of our community. Background/Justification: The Applicant, York Acquisitions, LLC, has submitted a Detailed Site Plan (DSP-20031) for a student housing project consisting of two parcels (0.846 acres), located on the north and south side of Knox Road at its intersection with Guilford Drive. The northern parcel contains an existing 2-story brick building (982 square feet) and a 3-story brick building (6,567 square feet). The southern property contains an existing 2- story brick building (2,182 square feet). The proposal is to raze these structures and construct a 7-9-story building on each parcel for a total of 129 dwelling units (418 beds). Building 1 will have 285 beds and Building 2 will have 149 beds for an overall density of 152.5 dwelling units per acre. There will be ancillary retail space on the ground floor of both buildings totaling 2,080 square feet. Parking will be provided in a parking garage beneath Building 1 containing 99 parking spaces accessed via Knox Road. There will be no vehicular access or parking on Parcel 2. The Planning Board hearing date is scheduled for April 8, 2021.
The Applicant has agreed to the revised conditions included in Attachment 1.
Fiscal Impact: The project provides more intensive development of the site which will generate an increase in City property taxes. Council Options: 1. Recommend approval of DSP-20031 with conditions per City Staff Review and Recommendation. 2. Recommend approval with different conditions. 3. Recommend disapproval. Staff Recommendation: Option #1 Recommended Motion: I move that the City Council recommend approval of DSP-20031 with conditions per the City staff recommendation and subject to a Declaration of Covenants Agreement to be provided by the City Attorney. Attachments: 1. Revised Conditions 2. Link to DSP-20031 submittal: https://www.dropbox.com/sh/qscjnu2jtclapia/AAAjbt0IfIr6Fw-bk52lOIfja?dl=0 3. Link to the M-NCPPC PPS staff report which may be ready two weeks prior to the hearing: www.pgplanning.org/Planning_Board/Agendas.htm 4. Declaration of Covenants
051 ATTACHMENT 1
Revised Conditions
City staff recommends supporting Detailed Site Plan-20031 subject to the following:
1. SUPPORT the following alternative development district standards, for Building 1: (Note: The page numbers are referenced in the 2010 Approved Central US 1 Corridor Sector Plan and Sectional Map Amendment)
*Not requested by Applicant but needed.
a. Building Form, Character Area 5a, Walkable Nodes (page 234) – To increase building height from 6 stories to 9 stories. b. Building Form, Character Area 5a, Walkable Nodes (page 234) - To allow covered parking to be provided in the second layer. c. *Building Form, Massing (page 237) – To not provide a continuous expression line above the second story. d. Building Form, Parking (page 239) – To decrease number of parking spaces by 15 spaces. e. Sustainability and the Environment (p. 256) – To obtain NGBS-Silver certification instead of LEED- Silver Certification.
2. SUPPORT the following alternative development district standards, for Building 2, as noted below:
a. * Building Form, Character Area 5a, Walkable Nodes (University) (page 235)-To provide a rear setback of 4 feet rather than 10 feet. b. *Building Form, Massing (page 237) – To not provide a continuous expression line above the second story. c. Sustainability and the Environment (p. 256) – To obtain NGBS-Silver certification instead of LEED- Silver certification.
3. Prior to certification of the Detailed Site Plan, the Applicant shall revise the Architectural Plans to: a. Provide ADA access to the residential and retail entrances on Knox Road. b. Designate and reserve a minimum of 3 retail-only parking spaces in the parking garage. c. Provide at least 1 electric car-charging station. d. Show the center line of Knox Road and all distances to the property line.
4. Prior to certification of the Detailed Site Plan, the Applicant shall revise the Landscape Plan to: a. Correct landscape Schedule 4.1-4 and the landscape plan to indicate which ornamental trees will meet this requirement and indicate that 10 shade trees, not 9.1 shade trees are required.
052 2
b. Provide decorative screening for the Building 2 ground transformer and for the Building 1 ground transformer, if visible from Lehigh Road. Submit details to City staff for review and comment prior to installation. c. Identify the existing tree that will be used to meet Section 4.10.
5. Prior to approval of the issuance of a demolition permit, all standing structures on the subject property shall be documented on a Maryland Inventory of Historic Properties form to be reviewed and approved by Historic Preservation staff. The form shall include floor plans, representative interior and exterior photos of the dwellings, and exterior photographs of the outbuildings and signage.
6. Prior to building permit approval, the Applicant shall demonstrate that the following adequate pedestrian and bikeway facilities, up to a cost cap of $44,000, have been permitted for construction through the proper authority including an agreed-upon timetable for construction and completion: a. Install a raised crosswalk on Knox Road to connect Building 1 at 4205 Knox Road to Building 2 at 4206 Knox Road, subject to permitting and approval of the City of College Park. b. Widen the existing 4-foot sidewalk segment to 5 feet and upgrade existing ramp perpendicular to the northeast corner of Knox Road and Mowatt Lane/Guilford Drive, subject to permitting and approval of the City of College Park. c. Install sharrow markings and “Bicycles May Use Full Lane” signs on Mowatt Lane northbound within the one-half-mile radius of the Applicant’s property and install bicycle lanes on Mowatt Lane southbound where it will fit, subject to permitting and/or approval of the University of Maryland and/or any other applicable regulatory authority. d. Install two perpendicular ADA ramps on the east side of Mowatt Lane to connect the sidewalks opposite the driveway adjacent to the Mowatt Lane garage, subject to permitting and/or approval of the University of Maryland.
7. Prior to Planning Board approval, execute a Declaration of Covenants Agreement with the City that includes, at a minimum, the following provisions: a. Acknowledgement of responsibility for maintenance in the Knox Road right-of-way for pedestrian light fixtures, landscaping, and sidewalks. b. Standard language to protect City revenue sources if the property is sold to a non- taxable entity (PILOT). c. Unitary management and condominium conversion requirements. d. Evidence of LEED Silver or NGBS Silver certification. e. Submit all proposed artwork for any murals or decorative screening of transformers to City staff for review and comment. f. Provision of an outdoor public art feature, which can be matched by City funds (up to $15,000), that is responsive to the City’s strategic plan objective to communicate the City’s history via prominent and attractive public art installations to celebrate community. g. Provision of a public access easement for the bike/scooter-share parking pad.
053
DRAFT DECLARATION OF COVENANTS AND AGREEMENT REGARDING LAND USE
THIS DECLARATION OF COVENANTS AND AGREEMENT REGARDING
LAND USE (“Agreement”), is effective the _____day of March, 2021 by and between YORK
ACQUISITIONS, LLC, a limited liability corporation existing under the laws of the State of and its successor and assigns (“York”) and the CITY OF COLLEGE PARK (the “City”) a municipal corporation of the State of Maryland.
WHEREAS, York is the contract purchaser of certain real property known as
4204, 4205 and 4206 Knox Road, College Park, MD 20740, currently owned by Realty
Development, LLC, by deed recorded among the Land Records of Prince George’s County,
Maryland at Liber 17980, folio 364, also referenced in the same land records as Block G, Parcel A
and Block H, Lot 57, in the subdivision known as Lord Calvert Manor (“Property”).
WHEREAS, York has an approved Preliminary Plan of Subdivision (PGCPB No. 2021-
03) establishing parcels 1 and 2 and proposes to constructa7-9-story mixed-use building on each
parcel (the building to the north being designated as Building 1 and the building to the south
being designated as Building 2) for a total of 129 dwelling units (418 beds), 2,080 total square
feet of retail space for the two buildings and a 99-space parking garage, on the Property (“the
Project”); and
WHEREAS, York has asked the City to recommend approval of Detailed Site Plan No. DSP
20031 (“DSP”) for the Project to the Prince George’s County Planning Board (“Planning Board”)
and the District Council for Prince George’s County, Maryland; and
WHEREAS, the City has agreed to make said recommendation, upon certain conditions,
which shall be executed by York in the form of this Agreement, as set forth below, which
1
054 covenants run with the land.
NOW, THEREFORE, in consideration of the foregoing, the sum of $1.00, and other consideration, the receipt and sufficiency of which is hereby acknowledged, York hereby declares and agrees on behalf of itself, its successors and assigns that the Property shall be held, transferred, sold, leased, rented, hypothecated, encumbered, conveyed or otherwise occupied subject to the following covenants, conditions, restrictions, limitations and obligations which shall run with and bind the Properties or any part thereof and shall inure to the benefit and be specifically enforceable by the City, its successors and assigns as follows:
1. The recitals set forth above as well as the foregoing “NOW, THEREFORE,” are incorporated herein as operative provisions of this Agreement.
2. York shall maintain the pedestrian light fixtures, sidewalks and landscaping installed as part of the Project. Except as otherwise stated herein, maintenance and operation by
York shall include but not be limited to electric utility charges for all pedestrian streetlights installed by York, replacement of light bulbs, repair and replacement of the pedestrian street lights and sidewalks installed by York, and maintenance and replacement of landscaping installed by
York. In the event York is not invoiced directly for the costs of electricity by the utility company for the pedestrian light fixtures installed by York, the City may invoice on a quarterly basis for the cost of electricity used in connection with the pedestrian light fixtures installed by York. Invoices shall be payable to the City within sixty (60) days of receipt. Any invoices not paid within sixty
(60) days of receipt shall accrue interest at a rate of six percent (6%) per annum. In the event that any such invoice is not paid within such sixty (60) day period and remains unpaid for an additional sixty (60) days following written notice to York, in addition to any other remedy available at law, any outstanding amount plus interest shall be a lien upon the Property to be collected in the same manner as City taxes are collected. York shall indemnify and save harmless the City, its officers, 2
055 employees and agents, from all suits, actions and damages or costs of every kind and description, including reasonable attorneys’ fees, arising directly or indirectly out of the maintenance of the pedestrian light fixtures, sidewalks and landscaping installed by York, caused by the negligent act or omission, intentional wrongful acts, intentional misconduct or failure to perform the obligations under this paragraph on the part of York, its successors and assigns, and/or its agents, servants, employees and subcontractors.
3. In the event that the Property is developed and subsequently sold to any non- taxable entity, so that the Property is no longer subject to real property taxes, the entity(ies) purchasing the
Property or any part thereof, and each of them (and any successors or assigns), shall be liable to make an annual payment in perpetuity to the City, in an amount each year equal to the annual City real property taxes that would be payable on the Property and any improvements for that tax year
(“PILOT”), based on the then assessed value less any approved City tax credit or reduction, it being the intent of the parties that the City not be deprived of this income regardless of the tax status of any owner. The obligation contained in this paragraph shall run with the land. Anything to the contrary notwithstanding, the obligation set forth in this paragraph shall terminate as to Standard and to a subsequent owner upon the sale of the Property by Standard or a subsequent owner to an arms-length third party purchaser, provided the Property is subject to City real property taxes or a
PILOT immediately following such sale. A prior owner shall not be liable for a subsequent owner’s failure to pay real property taxes or amounts due under a PILOT obligation of the subsequent owner.
Further, the requirement set forth herein shall not apply in the event the entire Property is obtained by any non-taxable entity via the process of a right-of-way dedication, eminent domain, and/or condemnation. If only a portion of the Property is acquired by a non-taxable entity by right- of-way dedication, eminent domain or condemnation, the amount payable to the City under this 3
056 paragraph shall be reduced proportionately by the ratio that the assessed value of the portion of the Property dedicated or conveyed bears to the assessed value of the Property as a whole.
York, its successors and assigns, shall notify the City in writing upon the closing of any sale to a third-party purchaser, or upon receipt of legal process instituting any action of eminent domain, termination, foreclosure or condemnation, or upon demand or request for dedication.
Notwithstanding the requirements set forth herein, this prohibition is not intended to limit or restrict the Property from seeking or obtaining a revitalization tax credit against the County real property tax assessment.
4. York will not sell any of the multi-family apartment units separately from the remaining multi-family apartment units, except in accordance with applicable law. Additionally,
York shall be prohibited from selling a portion of the building (whether pursuant to a condominium process or otherwise). When all or a portion of the Property not part of a condominium regime is operated as a rental facility, in order to ensure high quality unitary management, said units shall be managed by York or its affiliates, or in the alternative, by a reputable professional management agent having experience managing multifamily rental properties that manages at least 5,000 residential apartments. Any decision to discontinue or change such required professional property management, so that management is no longer consistent with the foregoing sentence, shall require the prior written consent of the City, which consent shall not be unreasonably withheld, conditioned or delayed.
5. York shall work with the City to install a public art feature on the exterior of the
Property that is responsive to the City’s strategic plan objective to communicate it’s history via prominent and attractive public art installations to celebrate community. The parties will develop an acceptable design and the City will provide up to $15,000 as a dollar-for-dollar match toward the cost of the art feature. The City’s matching payment shall be delivered to York prior 4
057 to the commencement of work for the art feature. Installation of the art feature shall commence
no later than one year from the later to occur of (i) issuance of the final Use and Occupancy
permit for the Project or (ii) York’s receipt of matching payment from the City. The parties hereto
can agree to extend the timeframe for installation of the art feature by a document in writing
signed by both parties, and a formal amendment of this Agreement shall not be required.
6. The Project shall achieve LEED Silver Certification as required by the Sector Plan, or
Home Innovation Research Labs (HIRL) ICC700/NGBS-Silver certification under the applicable, current NGBS rating system. Prior to the issuance of a building permit, York shall submit a LEED or NGBS Scorecard to the City demonstrating compliance with this certification. York shall register the Project with LEED or HIRL and show proof of registration, and provide proof of certification within fourteen (14) months of the completion of construction and the issuance of the final Use and Occupancy permit for the Project. In the event York shall require an extension of time in order to obtain certification, the parties hereto can agree to such an extension , and a formal amendment of the Agreement shall not be required.
7. Prior to certificate approval, York shall show on the site plan an area, 6 feet by 12 feet in size, to accommodate a City bike/scooter share station, to be located north of Building 1, fronting on Lehigh Road, at the middle of the building, just to the west of the main pedestrian entrance. The bike/scooter share station will be installed and maintained by the City or its designated contractors.
For any portion of the bikeshare station to be installed on private property or easement area, prior to building permit, York shall provide a perpetual Declaration of Public Use and Access easement in a form acceptable to the City to authorize the City to install and maintain the bikeshare station. The bikeshare easement agreement shall be recorded in the land records for Prince George’s County,
Maryland.
5
058 8. York will screen the Building 2 ground transformer, and the Building 1 ground transformer, if visible from Lehigh Road, with decorative screening. York shall submit all proposed artwork for any decorative screening of transformers, to City staff for review and comment at least 30 days prior to fabrication.
9. York shall submit all proposed artwork for any proposed murals to City staff for review and comment at least 30 days prior to installation.
10. Each person accepting a deed, lease or other instrument conveying any interest in the
Property shall be bound by the terms of this Agreement whether or not the same is incorporated or
referred to in such deed, lease or instrument and this Agreement is hereby incorporated by reference
in any deed or other conveyance of all or any portion of each person’s interest in any real property
subject hereto.
11. This Agreement shall be effective immediately as to York and shall be binding on its
heirs, successors and assigns subject to the terms and conditions hereof.
12. The City and York shall have the right to enforce, by any proceeding at law or in equity,
including injunction, all restrictions, terms, conditions, covenants and agreements imposed upon the
City, Property, and/or York, pursuant to the provisions of this Agreement. The parties agree that if
the City or York should breach the terms of this Agreement, and such breach is not cured within thirty
(30) days following written notice from either party detailing the nature of the breach, the aggrieved
party would not have an adequate remedy at law and would be entitled to bring an action in equity
for specific performance of the terms of this Agreement. The non-prevailing party in any action
brought in a court of competent jurisdiction to enforce a provision of this Agreement and/or for
violation of any provision of this Agreement shall reimburse the prevailing party for all reasonable
costs of the proceeding including reasonable attorneys’ fees.
13. Neither any failure nor any delay on the part of the City or York in exercising any 6
059 right, power or remedy hereunder or under applicable law shall operate as a waiver thereof nor shall a single or partial exercise thereof preclude any other or further exercise thereof or the exercise of any other right, power or remedy.
14. This Agreement shall be binding upon, and shall inure to the benefit of, the respective transferees, successors and assigns of the parties hereto.
15. All notices given hereunder shall be in writing and shall be hand delivered, sent by
United States Postal Service, as certified mail, return receipt requested, postage prepaid, or sent by recognized overnight courier service, addressed as set forth below. Any notice will be deemed to have been delivered at the time the same is actually received (or if receipt is refused, when first attempted). Notices may be delivered to such other address or addresses as either York or the City may from time to time designate to the other by notice in writing.
If to York:
with a copy to:
Matthew C. Tedesco McNamee Hosea 6411 Ivy Lane, Suite 200 Greenbelt, Maryland 20770
If to the City: City Manager 8400 Baltimore Avenue Suite 375 College Park, MD 20740
16. Except as provided in Paragraphs 5 and 6, this Agreement may not be amended or
modified except in writing executed by all parties hereto, and no waiver of any provision or
consent hereunder shall be effective unless executed in writing by the waiving or consenting party.
The provisions of this Agreement shall be deemed severable, so that if any provision hereof is
declared invalid, all other provisions of this Agreement shall continue in full force and effect. 7
060 17. This Agreement shall be construed in accordance with and governed
by the laws of the State of Maryland without regard to its conflict of laws provisions.
18. This Agreement shall be effective immediately as to York and the City and shall be binding on their heirs, successors and assigns, subject to the terms and conditions hereof.
19. These obligations are subject to and contingent upon final approval of the
aforesaid
DSP (with such approval being beyond appeal). This Agreement shall be automatically considered null and void without further action in the event that the DSP is not approved. In the event the condition in the foregoing sentence is not satisfied then this Agreement shall automatically terminate and be of no further force or effect and neither party to this Agreement shall have any further obligation to the other with respect to this Agreement.
20. The City, if requested, shall provide York a customary estoppel certificate with respect to defaults, if any, of the obligations herein and other reasonably requested statements associated with this Agreement.
21. This Property shall be held, conveyed, encumbered, sold, leased, rented, used, and/or occupied subject to the terms and provisions of this Agreement, provided the Property is developed pursuant to the approvals set forth in the DSP as such plan may be amended in accordance with Paragraph 20, which shall run with the land. Each person accepting a deed, lease or other instrument conveying any interest in the Property shall be bound by the terms of this
Agreement whether or not the same is incorporated or referred to in such deed, lease or instrument and this Agreement is hereby incorporated by reference in any deed or other conveyance of all or any portion of each person’s interest in any real property subject hereto.
22. In the event that any provision of this Agreement is in direct conflict with any provision mandated by any government agency with jurisdiction, to the extent that the provision in 8
061 this Agreement is by necessity precluded, then that provision shall be null and void, provided, however, that the remainder of this Agreement shall remain in full force and effect.
23. The City shall generally support revisions of the DSP for so long as it is found by the
City to be in substantial conformance with the development plans for the Property previously shown to and endorsed by the City, upon the satisfaction of the conditions precedent thereto in the
PPS and DSP and this Agreement and related declarations and agreements.
IN WITNESS WHEREOF, the parties have caused these presents to be signed, sealed,
executed and delivered.
WITNESS/ATTEST: YORK ACQUISITIONS, LLC
______Title: ______SEAL
STATE OF MARYLAND ) ) ss: COUNTY OF )
I HEREBY CERTIFY, that on this day of 2021, before me, a Notary Public in and for the State aforesaid, personally appeared , and being authorized so to do, executed the foregoing Agreement for the purposes therein contained by signing in my presence.
WITNESS my hand and Notarial Seal.
(SEAL) Notary Public My Commission Expires:
9
062
WITNESS/ATTEST: CITY OF COLLEGE PARK
By: By: ______Janeen S. Miller, CMC, City Clerk William F. Gardiner, Interim City Manager SEAL
STATE OF MARYLAND ) ) ss: COUNTY OF )
I HEREBY CERTIFY that on this day of , 2021, before me, the subscriber, a Notary Public in the State and County aforesaid, personally appeared William F. Gardiner, who acknowledged himself to be the Interim City Manager of the City of College Park, and that he, as such Interim City Manager, being authorized so to do, executed the foregoing Agreement for the purposes therein contained by signing, in my presence, the name of said City of College Park, by himself, as Interim City Manager.
WITNESS my hand and notarial seal.
(SEAL) Notary Public My Commission Expires:
THIS IS TO CERTIFY that the within instrument has been prepared under the supervision of the undersigned Maryland attorney-at-law duly admitted to practice before the Court of Appeals.
10
063
Suellen M. Ferguson
11
064 This document shall be recorded in the Land Records of Prince George’s County. After recording, please return to:
Suellen M. Ferguson, Esq. Council, Baradel, Kosmerl & Nolan, P.A. 125 West Street, 4th Floor Annapolis, MD 21404-2289
12
065 21-G-27 Award of contract for Hollywood Streetscape Construction
066 CITY OF COLLEGE PARK, MARYLAND REGULAR MEETING AGENDA ITEM
AGENDA ITEM: 21-G-27_
Prepared By: Terry Schum Meeting Date: March 23, 2021 Planning Director
Presented By: Terry Schum Proposed Consent: No
Originating Department: Planning and Community Development
Action Requested: Award of Contract for Construction of Hollywood Commercial District Streetscape Project
Strategic Plan Objective: OKR#8 – Foster and sustain an affordable and stable City for individuals and families to live, work, play and retire here.
Background/Justification: A request for construction bid proposals, RFP # CP-21-02, was issued on January 8, 2021 and advertised on eMaryland Marketplace and the City’s website. Bid proposals were due on February 19, 2021 and a total of eight bids were received. Unit prices and total costs were requested in a base bid and prices were also requested for three add alternates (decorative pavers, umbrellas and asphalt resurfacing). The total bids including add alternates ranged from $2,187,464.60 - $4,168,090.76. The engineer’s estimate was $2,740,908.
All bids were analyzed by the engineer, and staff checked references for the two lowest bidders. Based on a thorough evaluation of this information, staff and the engineer recommend that the contract be awarded to the second lowest bidder, Olney Masonry, in the amount of $2,802,300. This company has a long-standing reputation of doing quality work for Prince George’s County and many local municipalities and received superlative references.
If Notice to Proceed (NTP) for this project is given in April 2021, the work is expected to be completed by the end of the calendar year. The City has been working with staff at the Prince George’s County Department of Public Works and Transportation on the transfer of ownership/maintenance responsibility of Rhode Island Avenue from the County to the City. While the execution of this agreement is pending, the County has provided a Letter of Intent to the Department of Permitting, Inspections and Environment (DPIE) to allow the permit for this project to be released. Once this permit is in hand, the NTP for the project will be authorized.
Fiscal Impact: Funding for this project is provided in the City’s Capital Improvement Program #103004, includes a $150,000 State bond bill, and is sufficient to cover the bid price. A grant application for $311,000 from the State’s National Capital Strategic Economic Development Fund program is pending a decision. These funds would be used for the custom furniture and signage included in the project, but the City is not dependent on this grant to proceed.
Council Options: 1. Award the construction contract for the Hollywood Commercial District Streetscape project to Olney Masonry. 2. Award the construction contract to another bidder. 3. Do not award the contract.
067 Staff Recommendation: Option #1
Recommended Motion: I move that the City Council approve a contract, in substantially the form attached, to Olney Masonry in the amount of $2,802,300 for construction of the Hollywood Commercial District Streetscape Project.
Attachments: 1. Olney Masonry Bid Proposal 2. Draft Contract 3. County Letter of Intent
21-G-24 Cover Hollywood Streetscape Bid Award (003).Docx 2 068 CITY OF COLLEGE PARK, MARYLAND
REQUEST FOR CONSTRUCTION BID PROPOSALS RFP No. CP-21-02
HOLLYWOOD COMMERCIAL DISTRICT STREETSCAPE PROJECT
Bid Documents
Issued bv City of College Park, Maryland Department of Planning and Community Development CONTACT: Terry Schum, AICP, Planning Director Telephone: 240-487-3538, cell 202-271-7927 Email: [email protected]
Issue Date January 8, 2021
Questions Due January 22, 2021 at 4:00 p.m.
Virtual Pre-Bid Meeting January 15, 2021 at 2:00pm (link included)
Bid Submissions Due February 11, 2021 at 2:00 p.m. t1-iJ,. 3 College Park Finance Department, 8400 Baltimore Avenue, Suite 375 College Park, MD 20740
1
069 VI. BID RESPONSE PACKAGE
CITY OF COLLEGE PARK, MARYLAND Hollywood Commercial District Streetscape Request for Bid Proposals CP-21-02 BID PROPOSAL FORM
CITY OF COLLEGE PARK BID DUE DATE::~ Finance Director 2/J'i /z.l Aclt./a 3 Gary Fields TIME: 2:00 p.m. [email protected]
(Business Name)
Hereby submits the following proposal for the construction of Hollywood Commercial District Streetscape CP-21-02. Having carefully examined the Request for Bid Proposals, Instructions to Bidders, the General Provisions, the Plans and Specifications, the proposed Contract and Addenda numbered 1 2. 3,1( (complete if any addenda or enter "None"), and 1 1 having received clarification on all items of conflict or upon which any doubt arose, and understanding that all unit- priced bids will remain in effect throughout the term of the contract, whether completed at one time or in intenupted phases, the undersigned proposes to finnish all labor, equipment, materials, required permits, etc. required by the documents for the entire work, all in strict accordance with the Contract Documents, for the stipulated lump sum of:
TOTAL ALL INCLUSIVE, LUMP SUM COST:
($ 2..,(,3/, 655.00 )
Registered Ma1yland Contractor No. 'tqJOS 5Z-1Sn)"72-
53 070 Addendum 1
SUMMARY OF BASE BID ITEMS
ITEM ESTIMATED UNIT TOTAL ITEM DESCRIPTION UNIT NO. QUANTITY PRICE COST
IS ooo. 1001 CLEARING AND GRUBBING LS 1 1 J~ooo.oc00
1002 REMOVAL OF TREES EA 41 3$0.00 l'f, 'JW. PO
1003 MAINTENANCE OF TRAFFIC LS 1 qs,ooo.ooq.s,ooo.~
GRADED AGGREGATE BASE FOR 1004 TON 20 MAINTENANCE OF TRAFFIC J5.ov 700.<><:>
HOT MIX ASPHALT FOR MAINTENANCE OF 1005 TON 20 / '100.«J TRAFFIC qs.ov 1
TEMP TRAFFIC SIGNS HIGH PERFORMANCE 1006 SF 450 Z.o.oo WIDE ANGLE RETROREFLECTIVE SHEETING 9,(}(X).()Q
TYPE Ill BARRICADE FOR MAINTENANCE OF 1007 EA 6 TRAFFIC 27S.oo /,t.so.oo
TEMPORARY ORANGE CONSTRUCTION 1008 LF 920 FENCE 4.so Lf, I'IO.Oo
1009 DRUMS FOR MAINTENANCE OF TRAFFIC EA 60 ~s.oo;3,900.()0
1010 PORTABLE VARIABLE MESSAGE SIGN UD 30 100.00 J,QO!>.OO
1011 CONSTRUCTION STAKEOUT LS 1 gs,ooo.oo8'~ ooo.ao
1012 MOBILIZATION LS 1 l1~000.oolf$,()00.~
2001 CLASS I EXCAVATION CY 1,000 JO.oo ,3qooo.oo
2002 CLASS 1-A EXCAVATION CY 250 Jo.oo 7,$"00.oo
54_Revl
071 Addendum 1
2003 SELECT BORROW CY 250 So.oo 12,$(){).(),1
2004 COMMON BORROW CY 1,000 l'S.OO z $,(1()().00
2005 TEST PIT EXCAVATION CY 30 JOO.oo :J,ooo. Oo
2006 REMOVAL OF EXISTING PAVEMENT CY 1,200 zo.oo z. ..,, OQO.(/()
2007 REMOVAL OF EXISTING MASONRY LS 1 ~ 000.{)0 5. Oo0.{)0
3001 SWM-1 FORTERRA MWS-L-8-12-5 EA 1 g',,000.00 II'(,, ow.(l:)
3002 SWM-2 FORTERRA MWS-L-8-12-7 EA 1 75,m. oo 7.$,SGtloo
3003 SWM-3 FORTERRA MWS-L-4-8-4 EA 1 itS,()O().Q" '11,(}()(),Q:)
3004 SWM FORTERRA INSTALLATION LS 1 55,(}()0.00 ~S,OOQOo
FLOWABLE BACKFILL FOR PIPE 3005 CY 10 ABANDONMENT 3QO.oo ~ooo..o-<>
3006 CLEAN EXISTING PIPE ANY SIZE LF 2,940 ;1.3,00 1,;1, (,ZO.OO
3007 CLEAN EXISTING INLET EA 21 4SQ.OO q,"'SO.OQ
15 INCH REINFORCED CONCRETE PIPE, 3008 LF 270 CLASS IV Bl),OO Z/, 600 ,(/()
3009 4" ND-12 HOPE PIPE LF 450 ZS,O() 111 1:-SO.oo
4" 6" NOS ATRIUM GRATE WITH SPEE-D 3010 EA 13 CATCH BASIN INLET z.so.oo ~uo.oo
3011 15" STANDARD CONCRETE END SECTION EA 2 &.50.00 1, JOO.Q.:>
3012 PRINCE GEORGE'S COUNTY A-15 INLET EA 1 'if,I oo.oo 81100, 00
SS_Revl
072 Addendum 1
3013 PRINCE GEORGE'S TYPE K INLET EA 2 7,500,00 15.0IXJ.O~
3014 STANDARD 10 FOOT COG/COS OPENING EA 3 5,50().00 lh, 500.0>
3015 INLET PROTECTION EA 17 z.so.00 '1,?-50.00
3016 SILT FENCE LF 1,060 5.00 5,JOQ.OJ
3017 TRENCH DRAIN LF 354 95.00 3:S, 4>30.JI~
3018 RECONSTRUCT INLET TOP EA 2 z,zco.oo 4. wo.oo
4001 MODULAR BLOCK RETAINING WALL SF 175 138'.Otl '2-"',ISO.()O
6 INCH PORTLAND CEMENT CONCRETE 5001 SF 410 PAVEMENT FOR BUS SHELTER PAD MIX 6 8'.00 '3,ZffO· 0o
SUPERPAVE ASPHALT MIX 9.5mm FOR 5002 TON 50 SURFACE, PG 64S-22, LEVEL-4 fi/.S.OO "· zso.oo
SUPERPAVE ASPHALT MIX 12.5mm FOR 5003 TON 130 SURFACE, PG64S-22, LEVEL-2 rz.s.o~ 1(,, zso.oo
SUPERPAVE ASPHALT MIX 9.5mm FOR 5004 TON 30 WEDGE/LEVEL, PG64-22, LEVEL-2 IZS.Oo J,?SO.oo
SUPERPAVE ASPHALT MIX 25.0mm FOR BASE, 5005 TON 110 PG64-22, LEVEL-2 /2.5.00 J), "JSO.oo
5006 4 INCH GRADED AGGREGATE BASE COURSE SY 2,010 'if,OO lt.,oi/O.oo
5007 6 INCH GRADED AGGREGATE BASE COURSE SY 1,090 10.50 II, 'IY$.00
5008 PAVERS SF 11 '190 tz.so /J'1,87S.oc
5009 CONCRETE SETTING BED- PAVERS SY 1,250 3o.oo 37, soo.oo
8 INCH PORTLAND CEMENT CONCRETE 5010 PAVEMENT FOR COMMERCIAL DRIVEWAY, SY 240 (, r,.oo 1~,'SYO.Oo MIX NO.6
56_Revl
073 Addendum 1 5 INCH WHITE LEAD FREE REFLECTIVE 5011 LF 2,720 THERMOPLASTIC PAVEMENT MARKINGS J.OO Z)UJ.OO
5 INCH YELLOW LEAD FREE REFLECTIVE 5012 LF 4,570 THERMOPLASTIC PAVEMENT MARKINGS J,00 l.f,no.oo
10 INCH WHITE LEAD FREE REFLECTIVE 5013 LF 20 THERMOPLASTIC PAVEMENT MARKINGS 5,oo /00.00
12 INCH WHITE HEAT APPLIED PERMANENT 5014 PREFORMED PATTERNED REFLECTIVE LF 3,140 'l.oo z!l',U.D·il' THERMOPLASTIC PAVEMENT MARKING
24 INCH WHITE HEAT APPLIED PERMANENT 5015 PREFORMED PATTERNED REFLECTIVE LF 360 IS.oo 5, 'IOO• .Oo PAVEMENT MARKING LINE
WHITE PREFORMED THERMOPLASTIC 5016 PAVEMENT MARKING LEGENDS AND SF 360 zt.oo '7, sr.o.oo SYMBOLS
5017 GREEN EPOXY SF 3,910 l'l.oll /'I,MO.M
6001 COMBINATION CONCRETE CURB & GUTTER LF 2,100 U).()O 4 z,()1».0~
6002 CURB EDGING (PARKLETS) LF 1,430 zo.oo z.s.~(}(}.00
6003 PAVER EDGE RESTRAINT LF 180 w.oo 3, t.ao.oo
6004 CONCRETE SIDEWALK SF 12,400 4,So $$,'il(}(}.00
DETECTABLE WARNING SURFACE- RAISED 6005 SF 280 TRUNCATED DOMES JS.OO .,, 5'(}(}.00
TRAFFIC BARRIER W BEAM USING 6 FOOT 6006 LF 150 POSTS Js.oo :\.1-~0.oo
REMOVAL AND DISPOSAL OF EXISTING 6007 LF 150 TRAFFIC BARRIER W BEAM /O.oO t,soo.oo
7001 TEMPORARY SEED LB 40 Z.'J.OO ~zo.oo
7002 TEMPORARY MULCH SY 1,500 /.00 t,SotJ. o::>
57_Rev1
074 Addendum 1
7003 TURFGRASS SOD ESTABLISHMENT SY 2,760 5,00 11, TJ(}Q.Oi)
7004 MEADOW SEED ESTABLISHMENT SY 1,160 z...oo Z,3W.OO
TWO YEAR LANDSCAPING MAINTENANCE 7005 LS 1 AGREEMENTANARRANTY 37,000.00 ]7, ooo.oo
7006 CUSTOM CANOPY- SMALL WITH SWINGS EA 2 1/S,ooo.oo-zJo,{){)l),o
7007 GUSTON CANOPY - LARGE EA 1 I 90,000. co /"10,()()().00
7008 CUSTOM SIGN WALL EA 1 5,ooo0.00 !7.ooo.oo
7009 FURNISH AND INSTALL SITE FURNISHINGS LS 1 1q.s,ooo.oo ,,~Q/10,00
7010 SOIL TEST EA 1 )oo.oo 300.00
7011 FURNISH AND INSTALL PLANTS LS 1 ::>o,ooo.oo so,000.()()
7012 DECOMPACTION SY 470 3o.OO l'l,too.o
7013 CONSTRUCTED PLANTING BEDS LS 1 'ii, $00,00 if, $(1().00
7014 EROSION CONTROL BLANKET SY 1 '160 3.00 3, ~!f().OO
7015 BUS SHELTER EA 1 2.?,ooo.O-o z.~000-·00
8001 CONCRETE FOOTERS - LIGHT POLES CY 18 113oo.oo Z'J, YOIMIO
8002 CONCRETE FOOTERS- MISCELLANEOUS CY 47 '• 300-00 1,/,I()().QO
NO.6 AWG STRANDED BARE COPPER 8003 LF 3,180 GROUND WIRE 1.7S 5,56-S.oo
4 INCH SCHEDULE 80 RIGID PVC CONDUIT- 8004 LF 680 TRENCHED OR SLOTTED t,o.oo "/O,fl'fiQ.OO
58_Rev1
075 Addendum 1 LED PEDESTRIAN LUMINAIRE & 12 FOOT 8005 EA 35 LIGHT STRUCTURE WITH BREAKAWAY BASE 4,zoo.oo J'f7,ooao
UP TO 200 AMP BASE MOUNTED METERED 8006 EA 1 SERVICE PEDESTAL &,UJO.oo ti,Z.oo.oo
FURNISH AND INSTALL ELECTRICAL 8007 EA 18 HAND HOLE J,(,5o.oo Z-9,?(K).Oo
DUCT CABLE- 2 CONDUCTOR, NO 6 AWG, 8008 LF 4,100 600V ').oo 3/,, qoQ,b1
CABLE- 1 CONDUCTOR, NO 6 AWG, TYPE 8009 LF 800 USE, 600V z..-z.s J,~t:l(UO
CABLE- 1 CONDUCTOR, NO 10 AWG, TYPE 8010 LF 550 THWN/THHN, 600V z.oo I, /00.00
8011 CONNECTOR KIT- TYPE I EA 56 75.00 '1,-uxl.oo
8012 CONNECTOR KIT- TYPE II EA 12 ~s.oo J,Qz.o.oo
8013 CONNECTOR KIT- TYPE Ill EA 58 9o.OO ~~UI.O<>
8014 CONNECTOR KIT- TYPE IV EA 8 ~S.oo t;'i/0.00
GROUND ROD- 3/4 INCH DIAMETER X 10 8015 EA 56 FOOT LENGTH /Z,O.OO 6, 7UI,OO
FURNISH AND INSTALL SHEET ALIMINUM 8016 SF 154 SIGNS Jo.oo If,&,lO.lJO
8017 RELOCATE OR REMOVE SIGNS EA 12 75.00 qoo.oo
8018 LIGHTING CONTROL CABINET, BASE MOUNT EA 1 It,,(){)O.o o 14(}00.00
8019 STORM DRAIN AS-BUlLT VIDEO INSPECTION LF 720 Zc.oo 1'1, yoo.oo
Total Bid in Numbers: z.,' )/, '>>. 00
4 -rwo1'1. ~/,',, ~;,.llvnelmi1J,i~l, _(),, 'Jhr>.;s ,.,,(
s:)c flvmJ,-rJ -F.'~--?--h ~ Do11 .. -s "?""" u,.,f.J
59_Rev1
076 ADDENDUM4
SUMMARY OF ADD ALTERNATE ITEMS
ADD ALTERNATE 1
ITEM ESTIMATED UNIT TOTAL ITEM DESCRIPTION UNIT NO. QUANTITY PRICE COST
5009 PAVERS TYPE A SF 1,334 JZ,SO 16,(, ]5.1):) 5010 CONCRETE SETTING BED- PAVERS SY 150 t.to.oo 4-,ooo.oo
Total Bid in Numbers-ADD-ALTERNATE 1: 2Z1 G.7$.oo Total bid in words-ADD-ALTERNATE 1
,) ll•r> U/0 ~M 7) lve~+,-TIM 7hov>•~./5 :~Hv.,J,.J $eo/rn oJ..,-h 've 0 ADD ALTERNATE 2
ITEM ESTIMATED UNIT TOTAL ITEM DESCRIPTION UNIT NO. QUANTITY PRICE COST
7011 UMBRELLAS EA 7 I#So.OO 'f,5'J0.00
Total Bid in Numbers-ADD-ALTERNATE 2: tt,sso.o o Total bid in words-ADD-ALTERNATE 2 Doll.,, wwf, fi,o~rThovjt;lm/ F.ite ifv..,rf,.,t h "t-'-7 u-o
ADD ALTERNATE 3
ITEM ESTIMATED UNIT TOTAL ITEM DESCRIPTION UNIT NO. QUANTITY PRICE COST
SUPERPAVE ASPHALT MIX 9.5mm FOR 5005 TON 'Jqzoo.oo SURFACE, PG 64S-22, LEVEL-4 1 '1 00 gz.oo MILLING HOT MIX ASPHALT PAVEMENT 0 5019 SY 8,870 5"~Z2.D.<>:> INCH TO 2 INCH 1#.00
Total Bid in Numbers- ADD-ALTERNATE 3: /'IJ/Ilo,OO Total bid in words- ADD-ALTERNATE 3
Huru:.lrrJ fi>rf-) -/hra. lhovs•mA f'iio~rllv....laJ -r~•~-7)4;!._.. Ze.-o c,.• .;, Or7~
59A Rev!
077 SPECIAL TERMS AND CONDITIONS:
A. Failure to properly and completely fill in all blanks may be cause for rejection of this proposal. B. It is understood that the proposal price will be finn for a time period of 120 calendar days from the proposal opening date and that, if the undersigned is notified of acceptance of this proposal within this time period, the Bidder shall execute a contract for the above stated compensation. C. Work under the Contract shall not commence until a Notice to Proceed is issued. The City reserves the right to extend this Contract for an additional amount oftime if necessary. D. In submitting this bid, the Bidder certifies that the Bidder: a. Cunently complies with the conditions ofS69-6 "Equal Benefits" of the City Code (available from the City's website- www.collegeparkmd.gov under with Government tab) by providing equality of benefits between employee's partners and/or dependents of domestic partners and/or between spouses of employees and/or dependents of domestic partners; or b. Will comply with the conditions of S69-6 at the time of award of contract; or c. Is not required to comply with the conditions of S 69-6 because of an allowable exemption. E. In submitting this bid, the Bidder certifies that the Bidder does not discriminate based on race, religion, sex, age, ethnicity, ancestry, or national origin, physical or mental disability, color, marital status, sexual orientation, gender identity, genetic information, political affiliation, or any other factors not related to the ability to perf01m the work.
F. The price shall be stated in both words and figures. z, l. 3~'$j.Oo "1"&.o~o1'1t'II·'Dn $,·,_Hvr11/'d ..,.,,."'? _(),.. '(h..JW~MI
~/&HemdrrJ F.'tf,~ h've. ~l!trSH10 (,, J,
Registered MD Contractor No. Date Issued
I~(,(,<(783
Place oflssuance (Y)() t"f 1ft "1 J
Federal Employer ID Number (EIN) S?- IS' 737'L
Printed Name and Title of Bidder
(Y).jvJ ~4\.-.~r;""~Vl'c.-t-fhs,f(,. .. +- Autho;;t:V ind Bidder Date z..j1z./2-o2.1
60 078 TO BE SUBMITTED WITH BID
RFP CP-21-02 INFORMATION REGARDING THE BIDDER
NOTE: The information requested on this form may be submitted in a separate document as long as all requested information is provided.
1. Name of Bidder:
Business Address:
Telephone Number: ( 301 ) <737- 32-oo
E-mail address:
2. Is the business i,un,.,cocnr.JJp"-'o"-'raaJ.t«edu.?L-____ ---\;QV:-L""':::_.L-.------'N"'ou..______Non-Corporate Business
3. If response to item #2 above is No, list the name and business address of each individual having a 10% or greater financial interest in the business.
Name Business Address
Corporate Business Entities - Please answer items 4 and 5
4. List the names of all officers of the corporation, their business addresses and the date on which they assumed their respective offices.
Name Business Address Date Office Assumed IOfzol7 •
61 079 5. List the names of all members of the current Board of Directors and their business addresses.
Name Business Address
Aluao P.:~sSPtr;"~,o It 7ol &,.,,., , ...r.t~ 1~.tl.
6. Please provide the following information concerning work that you have done within the last 5 years which is similar to the bid work:
For Whom Contract Date Contact's Name/ Performed Amount Completed Telephone Number
G/?otB /A.1113ht:Jos~l,- 3oJ-~3-5f.'l"2.
7/z.oz.o f"lo'<-J.....I w:J),,j..,- ZI.JO· :JI'I-85'12..
I ... .. I 2-oo o::J IZ. Z,()l.Q
Bidders will answer the following questions: (The word "you" refers to any individual, partnership, partner and/or corporation and its officers.) IJ 0 a. Have you ever failed to complete any work awarded to you? ----"~----- If yes, state where and why: ------
b. Have you ever been affiliated with some other organization that failed to complete a contract? ------L"-"''------If yes, state name of individual and reason therefor. ------
c. With what other businesses are you affiliated?
d. Please list all persons who will supervise the work under the Contract
e. Identify all personnel who will be employed to perform the work described in the Contract Documents.
62 080 f. Please provide at least 3 references, including any Maryland governmental units or agencies for whom you have worked on a similar project. Include the name and telephone number of your contact with each.
~ci~l'f6-to'1e '> Cov"''*? Dw~~h.t3"0 {3" 14->.-""t..- C..:.v~ k~,""'-'t.,'...-k - '110 - 8'~7-J'f(,/ g. Provide name, title, and contact information for the designated project contact. ~M~·~·~~D,~A=~'~~~r~:~~~~~v~.~~~~,~~==~----~~~~-=~~~~~~~7====+·~~~ h. Identify all subcontractors, materialmen, and suppliers that you intend to use in performing the work under the Contract, and specify the work each is expected to perform. ~.... F u.,.asc... p .'-., 5+-r~._,fJ,k - 0-t... c..L .... :. "h.: ~~~··=~='~=~~~=~~~S~~~p~·~~)------.-----~S~~Ff~Y~·'~o~~~~e~~~p,~~1i~·Mb~---~?~J~e~~k~~~.~s~~•:~\)~~~~=~·~sh>~ s-ott Pv,, .... 3-Nt.. ($-le.. ko'•., V Sp,.dc s •+ ~''"'7\=.._1: (.~"'opy 's Dated this _l___:'t__ day of fe.bc-%1J 12021. Printed Name: fYJ•gVt.-1P~tHtt_,,·..,c... Title: 1/,'c.-e-P~, ·,t.,...,r 63 081 TO BE SUBMITTED WITH BID RFP CP-21-02 CERTIFICATE OF REGISTRATION A Bidders are required to show evidence of a Certificate of Registration before the bid may be received and considered on a general contract or subcontract of $20,000 or more. The Bidder shall complete on his Bid Proposal Form the following information: "Registered Maryland Contractor No~'91BJaswell as providing this information on this form. B. An opinion by the Attorney General has granted an exemption to all properly qualified non-resident corporations as well as to resident General Contractors and Subcontractors. These firms need merely apply for an Exemption Certificate in order to meet the requirements of the law. Individuals, firms, partnerships and associations are required to qualify by application and submission of a financial statement. Bids on Federal projects are exempt under the law. C. The Bidder shall provide its Federal Employer Identification Number. Federal EIN Number: 5z.-/S{, 7J72- 64 082 90 County ~faf.c nf c#lffan~-Ianb: 16664783 25icea-Je 16368108 OLNEY MASONRY CORP 6701 AMMENDALE RD 04353775 BELTSVILLE MD 20705 OLNEY MASONRY CORP 6701 AMMENDALE RD BELTSVILLE MD 20705 20 CODE UNIT TYPE OF LICENSE NOOFl.lC COST DATE OF ISSUE MO DAY YR 77 015 15.00 CONSTRUCTION FIRM I 04/23/2020 . (NOT FOR HOME IMPROVEMENT) MONTHS PAID 12 c -y_..,4c--.. ~= ISSUING FEES 2.00 I AM:OUNTPA!D • _I THIS LICENSE MUST BE PUBLICLY DISPLAYED TOTAL 17.00 I 17.00 AND EXPIRES ON APRIL 30 2021 >Y '" uro MAHASIN ELAMIN, CLERK OF CIRCUIT COURT !4735 MAIN STREET UPPER MARLBORO, MARYLAND 20772-9987 (301)952-3331 cws 083 TO BE SUBMITTED WITH BID RFP CP-21-02 Non-Collusion Mfidavit ~M~i;9'f'~&'"""-'-l_.\3-"'~'-"~""sc.,.,~'--'-;-'-'""c..::t...'------'being duly sworn on oath, deposes and says: That he/she is the (Owner, Pmtner, Title if on behalf of a Corporation) of Olney rffi~or?ry_,terpo,t.~n (Name of Business, Corporation or Partnership) the pmty submitting the foregoing Bid; that (he has not) (no officer of the said Corporation has) (no partner of the said Pmtnership has) nor has any person, firm or corporation acting on (his/her) (its) (their) behalf; agreed, conspired, connived or colluded to produce a deceptive show of competition in the compilation of the Bid being submitted herewith; and that (he/she) (the said Corporation) (the said Prutnership) has not in any manner, directly or indirectly, entered into any agreement, pmticipated in any collusion to fix the Bid Price of the Bidder herein or any competitor, or otherwise taken any action in restraint of free competitive bidding in connection with the contract for which the within Bid is submitted; that in making this Affidavit, the affiant represents that he/she has personal knowledge of the matters and facts herein stated. The Affiant hereby declares and affirms under the penalties of pe1jury that the foregoing is true to the best of his/her knowledge and infmmation. To be signed by Bidder, if the Bidder is an Individual; or by a Partner, if the Bidder is a Partnership; or by a duly authorized Officer, if the Bidder is a Corporation. _....c..~..:...r-~/._-r-/____ (SEAL) (Vl,~ II.?. 65 084 TO BE SUBMITTED WITH BID RFP CP-21-02 AFFIDAVIT WITH RESPECT TO NON-CONVICTION, NON-SUSPENSION AND FALSE PRETENSES I hereby affirm that: 1. I am the __ 1}"-'-';''-""c::--"~"~"-'L!''d"''"'~'-'-t-_____ (Title) and duly authorized representative of _O!.!..l!/n'-"-t'~¥'---'-1'?-'-""'""'no.r:;q-.,-"t-""<>:z:tl'fJ""•"=T>...,~:::~,___(Name of Business Entity) whose address is (.,'?01 ,11-,..,..,~.t•l-<-ILo~.f ~~Hu,"ll.., 1"'10 "Un os' and that I possess the legal authority to make this affidavit on behalf of myself and the firm for which I am acting. 2. Except as described in Paragraph 7 below, neither I nor the Business Entity nor, to the best of my knowledge, any of its officers, directors, or partners or any of its employees directly involved in obtaining contracts with the State, or any county, bi-county or multi county agency or subdivision of the State have been convicted, or in an official investigation or other proceeding admitted in writing or under oath, acts or omissions which constitute bribery, attempted bribery or conspiracy to bribe under the provisions of Criminal Law Article of the Annotated Code of Maryland or under the laws of any state or the federal government (conduct prior to July 1, 1977 is not required to be repmied); and 3. Except as described in Paragraph 7 below, neither I nor the Business Entity nor, to the best of my knowledge, any of its officers, directors, or partners or any of its employees directly involved in obtaining contracts with the State, or any county, bi -county or multi county agency or subdivision of the State have been convicted under a State of federal law or statute of any offense enumerated in § 16-203 of tl1e State Finance and Procmement A:tiicle; and 4. Except as described in Paragraph 7 below, neither I nor the Business Entity nor, to the best of my knowledge, any of its officers, directors, or partners or any of its employees directly involved in obtaining contracts with the State, or any county, bi -county or multi county agency or subdivision of the State have been found civilly liable under a State or federal antitrust statute as provided in § 16-203 of the State Finance and Procmement A:tticle. 5. Except as described in Paragraph 7 below, neither I nor the Business Entity nor, to the best of my knowledge, any of its officers, directors, or pminers or any of its employees 66 085 who will provide, directly or indirectly, supplies, services, architectural services, construction related services, leases of real property, or construction have been debarred or suspended under this subtitle. 6. Except as described in Paragraph 7 below, neither I nor the Business Entity nor, to the best of my knowledge, infmmation and belief, any officer, director, pa1iner, member or associate thereof; nor any of its employees directly involved in obtaining contracts with the City, has been convicted of false pretenses, attempted false pretenses or conspiracy to commit false pretenses under the laws of any state or federal govenunent, based upon acts committed after July 1, 1981. 7. State "none" below or, as appropriate, list any suspension, debmment, conviction, plea or admission described in Paragraph 2 - 6 above, with the circumstances, date, court, official or administrative body, the individuals involved and their position with the firm, and the sentence or disposition, if any. IJONf: I acknowledge that this affidavit is to be fmnished, where appropriate, to the City of College Pm·k under Section 16-311 ofthe State ofMaryland Finance and Procurement Article of the Annotated Code of Maryland. I acknowledge that, if the representations set forth in this affidavit are not true and conect, the City of University Pm·k may tetminate any contract awarded and take any other appropriate actions. I further acknowledge that I am executing this affidavit in compliance with Section 16-309 of the State Finance and Procurement Article of the Annotated Code of Maryland, which ordains that any person convicted of bribery (upon acts committed after July 1, 1977) in furtherance of obtaining a contract from the State or any subdivision ofthe State of Maryland shall be disqualified from entering into a contract with the City. I futiher affitm that the business entity is properly registered to do business in the State of Mmyland. I do solemnly declare and affirm tmder the penalties of petjury that the contents of the affidavit me true and correct. Date Signature~ Mj~\\)&-!.W.r;...,\..c, Printea. Name 67 086 City of College Park Pre-Bid Draft Schedule Contract Number RFP No. CP-21-02 Contract Name Hollywood Commercial District Streetscape Project Contractor Olney Masonry Corporation Date 2/18/2021 Contract A ward Date 4 I 01I 2021 5-Apr 1 9 -Apr 3-May 17 -May 3 1-May 14-Jun 28 -Jun 12 -Ju I 2 6 -Ju 9 -Aug 23 -Aug 6-Sep 20-Sep 4-0ct 18-0ct 1-Nov 15-Nov 29-Nov 1-Dec Shop Drawing Request /Submittal I Approval Order Streetscape Materials I Delivery (12-14 Weeks) Order MSFWS Systems I Delivery 6-8 Weeks) Survey- Erosion & Sediment Control Clear and Grub I Tree Removal Install Proposed Drainage Structures Construct Sidewalk, Rdwy lmpr. And Path Install U/G Electrical Install Site Furnishings I Pavers Install Site Electrical Structures Install MSFWS System 087 TO BE SUBMITTED WITH BID CP-21-02 TENTATIVE CONSTRUCTION SCHEDULE Please attach a tentative construction schedule (Gantt chart preferred) with the bid proposal outlining project details such as, but not limited to, utility disconnections, ordering of materials, anticipated delivery of materials, construction start date of April 1,2021 and resulting plan with an estimated date of completion on or Before December 1, 2021. Circumstances beyond the control of either party to the Contract that significantly alter the tentative construction schedule will be taken into account, and some allowance considered for adjustment of the construction schedule. 68 088 CITY OF COLLEGE PARK, MARYLAND Request for Proposals CP-20-07 Hollywood Dog Park Project Sample Contractor Agreement THIS CONTRACTOR AGREEMENT (“Agreement”) is made this ______day of ______, 2021, by and between CITY OF COLLEGE PARK (hereinafter referred to as the “City”), a municipal corporation of the State of Maryland, whose address is 8400 Baltimore Avenue, Suite 375, College Park, Maryland 20740 and ______referred to as “Contractor”), whose address is ______ WHEREAS, the City wishes to provide for the installation and construction of the Hollywood Dog Park; and WHEREAS, the Contractor wishes to provide said services. NOW, THEREFORE, in consideration of the premises and mutual promises herein contained and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereto agree as follows: I. SCOPE OF WORK The Hollywood Commercial District Streetscape project is a public facilities improvement project to be constructed within road rights-of-way controlled by the City of College Park and Prince George’s County. The project goals are to visually unify the streetscape, establish an identity for the commercial district, strengthen connections between commercial areas and residential areas, provide safe routes for pedestrians and cyclists of all ages, enhance and create value, strengthen businesses and attract new retail uses, and improve environmental and public health. The work includes, without limitation: • Reconstructing sidewalks along Rhode Island Avenue. • Restriping vehicle lanes on Rhode Island Avenue to include protected bike lanes. • Reconstructing bus stops on Rhode Island Avenue to provide additional amenities. • Constructing three new parklet areas, one at the corner of Muskogee Street and Rhode Island Avenue, and two in the Rhode Island Avenue service lanes north of Edgewood Road. • Reconstructing the intersection of Rhode Island Avenue and Niagara Road to enhance safety and accessibility. • Constructing a new trail connection along Muskogee Street from Rhode Island Avenue to Narragansett Parkway. • Improving safety at the intersection of Narragansett Parkway and Edgewood Road by reconstructing curb ramps and curb extensions. • Landscaping throughout the project but focused in the parklet areas. 089 • Constructing three new stormwater management facilities utilizing precast filter structures and common reinforced concrete pipes, manholes and inlets. • Installing new pedestrian-scale lighting. The primary parklet features to be constructed or installed include timber frame structures, raised planter beds with seat walls, a stage area, site furnishings, lighting, and landscaping. Site landscaping incorporates extensive native plantings, preservation of several existing trees, and landscape screening along abutting properties. Lighting is proposed throughout the site. The Contractor will be responsible for obtaining and paying for all permits necessary to make connections for electric services and WSSC. The City has filed permit applications for the site improvements with the Prince George’s County Department of Permitting, Inspections and Enforcement (DPIE) which are pending approval. This includes the Site Development Concept Plan. A notice to proceed will not be given until these permits have been issued by DPIE. All other required licenses and permits will be the responsibility of the selected contractor, including without limitation, electrical service, site certifications, and use and occupancy permits. The selected contractor shall be responsible for the cost and provision of any third- party inspection requirements. The selected Contractor will be required to pay all necessary fees and post any necessary bonds to such authorities, and any regulatory agencies having jurisdiction for inspection or for the privilege or right to execute the Work as called for in the Contract Documents, and the Contractor shall include the cost of said fees in its bid. The selected Contractor shall be responsible for any “construction fees” to implement the construction of the project. The full scope of work is shown on the plans and specifications as referenced in the Technical Specifications dated J a n u a r y 4 , 2021 and the Bid Set Final Construction Plans dated J a n u a r y 5 , 2021 which are included in the Bid Documents and incorporated herein by reference. The selected Contractor will be responsible for all work listed above, shown on the plans and written on the project specifications constituting the Contract Documents, and all work that is incidental thereto. DESCRIPTION OF ADD ALTERNATE BID ITEMS The Project includes three additive alternative bids, described below: ADD-ALTERNATE 1: To furnish and install Unilock Holland Premier Paver, or approved equal, in size, color, and finish, in quantity and location as specified on the Contract Documents for Paver A. Add Alternate 1 is generally between new concrete sidewalk and existing curb, east side of Rhode Island Avenue Station 102+80 to 109+75. Includes furnishing all material, labor, equipment, tools, and incidentals required to perform the work at the Contract unit price per square foot for Pavers and Contract unit price per square yard for Concrete Setting Bed – Pavers. ADD-ALTERNATE 2: To furnish and install perforated aluminum umbrella, extruded aluminum post, and surface mount stand for non-collapsing umbrella at 090 the manufacturer’s recommendations at each café table in locations shown on the Contract Documents or as directed by the Engineer. Umbrella and surface mount stand “Altaire, Solstice” Umbrella, 87” diameter, 91” height, color and powder coat finish to match café tables, manufactured by Landscape Forms, or approved equal. Requires shop drawing and color sample for review and approval by the Engineer. Includes furnishing all material, labor, equipment, tools, and incidentals required to perform the work at the contract unit price each for Umbrella. ADD-ALTERNATE 3: Perform 2” Hot Mix Asphalt Pavement Milling and place 2” Asphalt Superpave Mix 9.5mm for Surface on Rhode Island Avenue, from edge to edge, from Station 102+60 to 118+50, along with 30’ of each intersecting street. The Contractor shall furnish all of the material and perform all of the work as described in these Contract Documents. The work required of the Contractor will be performed in coordination with the City’s Project Manager and/or her designee. II. DATES OF WORK Work under the Contract shall commence on or before ten (10) days from notice to proceed. All work shall be performed pursuant to the approved project schedule submitted by the Contractor and shall be completed on or before 280 days from notice to proceed. It is understood by the parties hereto that time is of the essence in the completion of the services under this Agreement. Provision for liquidated damages for failure to comply with the Contract Time are set forth in the General Provisions. III. CONTRACT PRICE The City agrees to pay to the Contractor, as consideration for the Contractor’s satisfactory performance of all obligations under this Agreement, the sum of ______Dollars ($______). Said Contract Price shall include all incidental costs, including, but not limited to, travel, printing, copying, drawings, diagrams and photographs. Invoices for payment under this Contract may be submitted on a monthly basis and must be accompanied by a statement of work completed and percent completed by phase and/or any other documentation required by the City. IV. CONTRACT DOCUMENTS This Agreement and the following enumerated documents form the Contract and they are fully a part of the Contract as if attached hereto: Request for Bid Proposals Bid Proposal Forms and Affidavits Exhibit A Geotechnical Report Exhibit B Construction Plans Technical Provisions General Provisions Special Provisions Addenda Permits Performance Bond 091 Labor and Materials Bond Other Documents Contained within the Bid Specifications Certifications and Affirmations Required by the City Certificate(s) of Insurance and Endorsements Construction Schedule In the event any term of the foregoing documents conflicts with the terms of this Agreement, this Agreement shall prevail over the Technical Specifications and Exhibits A and B, which shall prevail over the remaining Contract Documents. V. CAPACITY TO PERFORM The Contractor represents that all equipment and personnel necessary for providing the described services and items will be available as needed. VI. STATUS OF CONTRACTOR The Contractor shall perform the services described herein as an independent contractor and not as an employee of the City. VII. INSURANCE AND INDEMNIFICATION The Contractor will purchase from insurance companies, government self- insurance pools or government self-retention funds authorized to do business in Maryland, and maintain during the entire term of the contract, comprehensive general liability insurance, automobile liability insurance, and workers’ compensation insurance with limits of not less than those set forth below. On each policy, Contractor will name the City as an additional insured, with the exception of the workers compensation, and will provide an additional insured endorsement. i. Comprehensive General Liability Insurance: Combined single limit liability insurance with a limit of $2,000,000 each occurrence/aggregate. All insurance shall include completed operations and contractual liability coverage. Contractor shall obtain builder’s risk insurance in an amount appropriate to cover potential losses with a minimum of 100% of construction costs. The City will not be liable for any damages during construction. ii. Automobile Liability Coverage: Automobile insurance with a combined limit of $1,000,000 for each occurrence/ aggregate. iii. Workers’ Compensation Insurance: Contractor shall comply with the requirements and benefits established by the State of Maryland for the provision of Workers’ Compensation insurance. Contractor shall provide workers’ compensation insurance meeting the statutory limits for Maryland and Employers’ Liability limits of $500,000. All corporations are required to provide Workers’ Compensation Certificates of Insurance. The Contractor will covenant to maintain insurance, in these amounts, which will insure all activities undertaken by Contractor on behalf of the City under this Agreement. Copies of the certificates of insurance and additional insured endorsements for all required 092 coverage shall be furnished to the City within ten (10) days following the execution of this contract and prior to commencement of any work. The City shall receive 30 days prior notice of any reduction or elimination of the insurance coverage required herein. Provision of any required insurance does not relieve Contractor of any of the responsibilities or obligations assumed by the Contractor in the contract awarded, or for which the Contractor may be liable by law or otherwise. Provision of such insurance is not intended in any way to waive the City’s immunities or any damage limits applicable to municipal government as provided by law. The Contractor shall also furnish to the City a Certificate of Insurance and additional insured endorsement in like amounts for any approved sub-contractor prior to commencement of work in the City. The required insurance may be in policy or policies of insurance, primary and excess, including the so-called umbrella or catastrophe form and must be placed with insurers rated “A-” or better by A.M. Best Company, Inc., provided any excess policy follows form for coverage. Coverage will be primary and noncontributory with any other insurance and self-insurance. The Contractor shall indemnify and save harmless the City, its officers, agents, servants, and employees, from all suits, actions, and damages or costs of every kind and description arising directly or indirectly out of the performance of the Contract, including attorneys’ fees, whether caused by negligent or intentional actions or omissions on the part of the Contractor, its agents, servants and employees, or to other causes. 093 A rider or riders to the Public Liability and/or Property Damage Insurance policy or policies to cover any special hazards which may develop in the course of the work with such companies and in such amounts as may be approved by the City. The Contractor shall carry, at its own expense, Builder's Risk Insurance for the full Contract amount, insuring against the perils of fire and lightning, and providing extended coverage for vandalism and malicious mischief, subject only to the minimum standard deductibles allowed by law. The City will provide no coverage during the construction period. Provision of any insurance required herein does not relieve Contractor of any of the responsibilities or obligations assumed by the Contractor in the contract awarded, or for which the Contractor may be liable by law or otherwise. Provision of such insurance is not intended in any way to waive the City’s immunities or any damage limits applicable to municipal government as provided by law. VIII. LICENSES, PERMITS, APPLICABLE LAWS The Contractor will be responsible for obtaining any and all licenses and permits pertaining to performance of work under the Contract except as otherwise provided in the Contract Documents. All services and materials provided by the Contractor shall conform to all applicable laws and regulations. IX. MATERIALS AND STANDARD OF WORK All work performed, and material provided, pursuant to this Agreement shall be in conformance with standards adopted by the State of Maryland and Prince George’s County and will be appropriate for existing conditions. All work shall be performed in a neat and workmanlike manner by trained and experienced personnel. Defective or unsuitable materials or workmanship shall be rejected and shall be made good by the Contractor at Contractor’s expense, notwithstanding that such deficiencies have been previously accepted or were due to no fault of the Contractor. The Contractor will guarantee that materials conform to specifications herein, that the items will be free from defects, and that the items are fit for the purpose for which intended. Further, the Contractor shall, in a manner acceptable to the City, return to original condition any property disturbed or damaged during the work. X. ACCURATE INFORMATION The Contractor certifies that all information provided in response to the Request for Proposals CP-20-07 or in response to other requests for information is true and correct. Any false or misleading information is grounds for the City to reject the bid and to terminate this Agreement. 094 XI. PERIODIC AND FINAL INSPECTION The City will make periodic inspections of the work through the Project Manager or other City representative. A final inspection of the work shall be made by a representative of the City and the Contractor at the end of the work and cure period to ensure that all requirements have been met. XII. RETAINAGE The City will pay the Contract Price, less five percent (5%) retainage, to the Contractor upon completion of the contract work, and correction of any deficiencies discovered as a result of final inspection. The five percent (5%) retainage shall be paid to the Contractor within six (6) months following substantial completion and correction of any deficiencies. The said retainage is held as security for performance and not as liquidated damages and the forfeiture of the retainage shall not release the Contractor from any liability in excess of the retainage. XIII. PERFORMANCE, LABOR and MATERIALS BOND The Contractor shall give a Performance and Labor and Materials Bond within ten (10) business days after the date of the award of the Contract. The Performance and Labor and Material Bond shall be in the amount of 100% of the Contract Price. XIV. RESTORATION OF PROPERTY The Contractor, at its own expense, will restore or replace any property displaced or damaged as a result of work performed under this Agreement, to the satisfaction of the City. XV. TERMINATION FOR DEFAULT Failure of the Contractor to deliver work, supplies, materials, or services in a timely manner, to correct defective work or materials, to act in good faith, or to carry out the work in accordance with Contract Documents shall constitute a breach of contract. In such event, the City may give notice to the contractor to cease work until the cause for such order has been eliminated. Should the Contractor fail to correct such default within 24 hours after receipt of notification, the City may terminate any such contract. This provision shall not limit the City in exercising any other rights or remedies it may have. XVI. TERMINATION FOR CONVENIENCE The performance of work or delivery of services may be terminated in whole or in part at any time upon written notice when the City determines that such termination is in its best interest. The City will be liable only for labor, materials, goods and services furnished prior to the effective date of such termination. 095 XVII. NOTICES All notices to the parties may be delivered by electronic transmission, personal delivery, or by certified mail via the United States Postal Service to the following addresses: For the City: City Manager City of College Park, Maryland 8400 Baltimore Avenue, Suite 375 College Park, MD 20740 For the Contractor: XVIII. COSTS In the event of any breach or failure by a party to fulfill any term, covenant or provision of this Agreement, the breaching party shall be responsible for any and all costs and expenses, including reasonable attorneys’ fees, incurred on account of such breach. XIX. ERRORS IN SPECIFICATIONS The Contractor shall take no advantage of any error or omission in the specifications. The City shall make such corrections and interpretations as may be deemed necessary and that decision shall be final. XX. GOVERNING LAW This Agreement is executed in the State of Maryland and shall be governed by Maryland law, excluding its conflict of law rules. The Contractor, by executing this Contract, consents to the jurisdiction of the Maryland state courts with respect to any dispute arising out of this Contract. XXI. SEVERABILITY If any term or provision of this Agreement shall be held invalid or unenforceable to any extent, the remainder of this Agreement shall not be affected thereby, and each term and provision of this Agreement shall be enforced to the fullest extent permitted by law. 096 XXII. INTERPRETATION Any questions concerning conditions and specifications shall be directed in writing to the Project Manager. No interpretation shall be considered binding unless provided in writing by the Project Manager. By execution of this contract, the Contractor certifies that it understands the terms and specifications. XXIII. ATTORNEYS’ FEES AND COSTS The prevailing party shall be entitled to attorney’s fees and costs incurred in any actions or claims brought to enforce this Agreement, or for damages thereunder. XXIV. SUCCESSORS AND ASSIGNS This Agreement shall inure to the benefit of and be binding upon the successors and assigns of the parties hereto. In any event, the Contractor shall not assign any right or obligation under this Agreement without the City’s express written consent, which may be withheld in the City’s sole discretion. XXV. NON DISCRIMINATION The Contractor certifies that it does not discriminate on the basis of race, religion, sex, age, ethnicity, ancestry or national origin, physical or mental disability, color, marital status, sexual orientation, gender identity, genetic information, political affiliation or any other factors not related to the ability to perform the work. XXVI. EQUAL BENEFITS a. Contractor must comply with the applicable provisions of §69-6 of the City Code. The Contractor shall provide the City Manager, or his/her designee, access to its records for the purpose of audits and/or investigations to ascertain compliance with these provisions. b. Upon request, the Contractor shall provide evidence of compliance with the provisions of §69-6 of the City Code upon each new bid, contract renewal, or when the City Manager has received a complaint or has reason to believe the Contractor may not be in compliance with the provisions of this section. c. The failure of the Contractor to comply with §69-6 of the City Code will be deemed to be a material breach of the covered contract. XXVII. ENTIRE AGREEMENT This Agreement, including all Contract Documents, constitutes the entire agreement between the City and the Contractor. No modification or addition to this Agreement shall have any effect unless made in writing and signed by both parties hereto. 097 IN WITNESS WHEREOF, the parties hereto have executed this Agreement under seal the day and year first above written. 098 ATTEST: CITY OF COLLEGE PARK By: Janeen S. Miller, CMC, City Clerk City Manager WITNESS: CONTRACTOR: By: Printed Name: Title: APPROVED AS TO LEGAL SUFFICIENCY: Suellen M. Ferguson City Attorney 099 PRINCE GEORGE'S COUNTY GOVERNMENT Department of Public Works and Transportation Office of the Director Angela D. Alsobrooks Terry L. BeUamy County Executive Director MEMORANDUM DATE: February 22, 2021 TO: Melinda M. Bolling , Director Department of Permitting, Inspections and Enfo ...- " FROM: Terry L. Bellamy, Director / ~ Department of Public Works and 'transportation (DPW RE: Memorandum of Intent to Transfer a portion of Rhode Island A venue to City of College Park for Hollywood Commercial District Streetscape Project (Permit # 54864-20 19-0) The purpose of this memorandum is to inform the Department of Permitting, Inspections and Enforcement (DPIE) of the Department ofPublic Works & Transportation (DPW&T) intent to transfer a portion of Rhode Island Avenue to the City of College Park (The City), for purposes in connection with the Hollywood Commercial District Streetscape Project. DPIE is currently reviewing plans for this project and instructed The City to provide verification from DPW&T that they had permission to work within the County's right-of-way. DPW&T's Office of Engineering and Project Management (OE&PM) is collaborating with The City on this project and will be finalizing this transfer with a Road Transfer Agreement between The City and Prince George's County, Maryland. The portion of the road that will be transferred is displayed in attached "Exhibit A" and described in attached "Scheduled B". Our goal in forwarding this memorandum is to assist The City in meeting land requirements for Permit #54864-20 19-0. Please contact my office if additional information is needed. TLB/JB/jmf Attachment cc: Gwendolyn T. Clerkley, Deputy Director, DPW&T Kate Mazzara, P.E., Associate Director, OE&PM, DPW&T Erv T. Beckert, P.E., Chief, Highway and Bridge Design Division, OE&PM, DPW&T Mahmoud Tayyem, Engineer, Sight Road/Plan Review Division, DPIE James Ratliff, Chief, Right of Way Division, OE&PM, DPW&T Jennifer Bratton, Realty Specialist, Right of Way Division, OE&PM, DPW&T Terry Schum, Planning Director, City of College Park 9400 Peppercorn Place, Suite 300, Largo, Maryland 20774 (30 1) 883-5 600 FAX (301) 883-5709 Maryland Relay 711 100 CPJ~?a~~!v~!m~:12~.?.s~~l?nn~• ::~.~~~!!~~~~u~~:· Associates Silver spring, MD • Gaithersburg, MD • Annapolis, MD • College Park, MD • Frederick, MD • Fairfax, VA Exhibit "A" Description of Part of the Property of County Commissioners, Prince George's County, Maryland Being part of Rhode IsJand Avenue From Paducah Road to Greenbelt Road 51 1 Vansville (1 ) and Berwyn (2P ) Districts Prince George's County, Maryland Being two (2) strips or parcels of land, hereinafter described as Parts One and Two, said Part One being part of the property conveyed to County Commissioners, Prince George's County, Maryland, a body Corporate and Politic, from Capital Transit Company, by deed dated May 28 , 1951 and recorded among the Land Records of Prince George's County, Maryland in Liber 1368 at Folio 224, said conveyance "comprising a right of way 66 feet, more or less, in width" and shown on Plats of Right of Way of the Columbia and Maryland Railway and recorded among the aforesaid Land Records in Liber JWB 42 at Folios (Plats) #48 and #50 through #55; said Part Two being that portion of Rhode Island A venue lying south of University Boulevard and north of Greenbelt Road, both public rights of way, maintained by the State of Maryland; said Parts One and Two being more particularly described in the Matyland State Plane Datum (NAD2011) as follows Part One Beginning for the same, at a point on the easterly or 1,063.0 feet arc line of said 66 feet wide right of way, as shown on said Plat #54, an arc distance of 55.82 feet southerly from the northerly end thereof, and running thence with and binding on the outline of the property conveyed in said deed, the following six (6) courses and distances 1751 Elton Road, Suite 300 • Silver Spring, MD 20903 • 301-434-7000 • Fax: 301-434-9394 • www.cpja.com 101 Exhibit "A" Description of Part of the Property of County Commissioners, Prince George's County, Maryland Being part of Rhode Island Avenue From Paducah Road to Greenbelt Road 1 Vansville OS'l and Berwyn (2P ) Districts Prince George's County, Maryland Pagc2of4 I. 1,007.18 feet along the arc of a curve, deflecting to the left, having a radius of II ,426.30 feet and a chord bearing and distance of South 14°22'51" West, 1006.86 feet, to a point, thence with a tangent line 2. South 11°51 '20' West, 2017.90 feet to a point, thence 3. South 78°08'40" East, 7.00 feet to a point, thence 4. South II 0 51 '20" West, 600.00 feet to a point, thence 5. North 78°08'40" West, 7.00 feet to a point, thence 6. South II 0 51 '20" West, 4,225.60 feet to a point on the northerly right of way line of University Boulevard (Maryland Route 193) as established on State Roads Commission Plat No. 25129, and mnning thence with and binding on said northerly right of way line and, mnning in, through, over and across the property shown on said Plat #48, the following course and distance 7. South 72°48'03" West, 75.50 feet to a point on the westerly or North 11°51' East, 429.6 feet line as shown on said Plat #48, distant, 270.76 feet southerly from the northerly end thereof, and mnning thence with and binding on the outline of the property conveyed in said deed, the following six (6) courses and distances 8. North 11°51 '20" East, 4,262.67 feet to a point, thence 9. North 78°08'40" West, 7.00 feet to a point, thence I 0. North I 1°51 '20" East, 600.00 feet to a point, thence 102 Exhibit "A" Description of Part of the Property of County Commissioners, Prince George's County, Maryland Being part of Rhode Island Avenue From Paducah Road to Greenbelt Road 1 Vansville (P') and Berwyn (21' ) Districts Prince George's County, Mnl'yland Page 3 of4 11. South 78°08'40" East, 7.00 feet to a point, thence 12. North I J051 '20" East, 2017.90 feet to a point, thence 13. I ,012.91 feet along the arc of a tangent curve, deflecting to the right, having a radius of II ,492.30 feet and a chord bearing and distance of North 14°22'50" East, 1,012.58 feet to a point, thence running in, through over and across the property conveyed in said deed and as shown on said Plats #54 and #55, the following course and distance 14. South 73°1 0'33" East, 66.00 feet to the point ofbegi1ming, containing 527,944 square feet or 12.12 acres ofland. Part Two Beginning for the same at a point on the northerly light of way line of Greenbelt Road, said point being 70 feet northerly of and perpendicular to baseline station 81 +98 as shown on State Roads Commission Plat No. 4599 and running thence with and binding on said northerly light of way line, the following course and distance 1. North 88°35'40" West, 124.06 feet to a point, thence with the west side of Rhode Island Avenue, 122 feet wide right of way, as shown on State Roads Commission Plat No. 25129, the following course and distance 2. North II 0 51 '20" East, 227.56 feet to a point on the southerly light of way line of said University Boulevard as established by said SRC Plat No. 25129 and running thence with and binding on said southerly right of way line, the following course and distance 103 Exhibit "A" Description of Part of the Property of County Commissioners, Prince George's County, Maryland Being part of Rhode lslnnd A venue From Paducah Road to Greenbelt Road 1 1 Vansville (1' } and Berwyn (21' } Districts Prince George's County, !\:Ia ryland Pngc4of4 3. South 54°43'07" East, 132.96 feet to a point and running thence with and bunding on the easterly side of Rhode Island Avenue, as shown on said SRC Plat No. 25129, the following course and distance 4. South 11°51 '20" West, 152.20 feet to the point of beginning, containing 23,165 square feet or 0.53 of an acre ofland. Surveyor's Certificate I hereby certify that this description and the associated sketch was prepared by me in compliance with requirements set forth in 09.13.06.12 of the CO MAR Regulations. ·;'?.., 1, Date: -+-,;.u+Y·__:/ -<"'c_' __ r' Prepared without benefit of a title repot1. ,\;\l$(168\RJ ,hr- Paducah IQ GIJrlt RdlDacriptiomiPG Cotiii/Y Rl A>·r•mr.docx 104 I I I I I Exhibit "B" Sketch of a Portion of Rhode Island A venue Part of tbe Property of County Commissioners Prince George's County, Maryland Vansville (1st) & Berwyn (21st) Districts Prince George's County, Maryland January, 2021 Scale: 1"=100' Match Line See Exhibit "C" cPJ ~~~~~~!!.:.}~~~S-~~.~ - ~~.~~~~~~~'su~~~ Assocla tes 11~1 Elton Rd. stt. 300 s1tver sprtng. MD= JOI-4:1Hooo l'ilx: JOH :l4·9:l!M ~'W.Cpj&.com • Slh'erSpri"J.MO • CaltbtrlbvfS.MO • Atln.1pOU$. MO • Groenbdt.MO • rrtdtr1dc..r.4 0 • ~l rl:tx,\'A 105 N:\23068\DWC\97-06 DOC Match Line See Exhibit "B" - i Beft~Oj ------u < -- 01") ----- I~ & tJ558 sHA pJat # _____-;--- f; ------:- street 1 ~ \ ontanq R/W) ___ ~: ~\ t: (60 ~ ~~%-t~ • -- 0-- :1i! t"-8. I I \--\----\ ~ § ~!:) I ~ ;,; I ~I< a§ ,II) ~ ~~ '~"':) (:)~ ....,jl I~ Cb I Q.) ~ ~ I· ~ - ~ ~ ~ 0 ~ Cl:: Cl:: ,...: ,...... <:7! 0 ~ N 0 Q.) N ~ - ~ ~ i'= ~ t\j 0 w - ~ $'I •0 I< $'I u:; ~ ~ ;.... Exhibit "C" -I() ::I ~ ~lv; Sketch of a Portion of zl .e Rhode Island A venue § ...... I a Part of the Property of County Commissioners Prince George's County, I I Maryland 1.. 66.oo·. I Vaosville (1st) & Berwyn (21st) Districts I ~ I Prince George's County, Maryland January, 2021 Scale: 1"=100' I CPJ ;v~~~~~~m:l.!~~~~8.~~n!.~~~.~~~~~~~'su~~~~ Match Line See Exhibit "D" Associates 1751 EllonRd.si<.JOO suversprlug.MD20900 30H3HOOO P.1X:30t· 4~HJ94. www.cpJI,('OI'D • SUvt:rSprln[t.MD • G.illtht:rsbufS,MO • Atn\:.polls.MO • Orec.nbttt. MD • frtdtr1lit.MD • l'III~X,\'A 106 N:\23068\DWG\97 -06 DOC Match Line See Exhibit "C" I C------1 d street I [dgewoo ,N? _j (80' Rt ... ---d street -dgewoo ? t (80' R/W. I I· b en ,....: 0 N ~ Vl ~ ct:~ ~C\j ~ Registered Property Line Surveyor Maryland No. 526 I")~ ...... Exp.: 02/17/2023 -...j ~ § Exhibit "D" a Sketch of a Portion of I Rhode Island Avenue I Part of the Property of County Commissioners I I Prince George's County, Maryland I Vansville (1st) & Berwyn (21st) Districts I Prince George's County, Maryland I January, 2021 Scale: 1"=100' I 1 i I CPJ ~~~~~~~m~1~~~~-~~n~ - ~!~~~~:~~ su~~~ Match-- Line See Exhibit-- "E" Associates mr eJron 84.. s~.300 suvor spring. MD 20903 30Hl Muskogee Street ~gl•, II I ~ Muskogee Street (80' R/W) ~ (80' R/W} ~ ~ I cJ ~ z~ ~~I< 01'"'=~ t:l~ = r;,; ~~; I~ I I I Laguna Street I (50' R/W) I g g d g I 0 co co aw 0 :'1 Registered Property Line Swveyor Maryland No. 526 Exp.: 02/171'2023 Exhibit "E" Sketch of a Portion of Rhode Island A venue Part of the Property of County Commissioners Prince George's County, Maryland Vansville (1st) & Berwyn (21st) Districts Prince George's County, Maryland January, 2021 Scale: 1"=100' cPJ ~~~~~~~!~}~~~"S'~~n~.~~.~~~~~~~~'su~~ Match Line See Exhibit "F" Associates 1751 Ellon R4. Sle.JOO Silver spring. MD 20903 301-434·7000 FOX: 30HJ4-qJ94 w-..w.c:pJa.com • Sltw:rSpdnJ.MO • ~ltherlb~MO • An~poHs.AtD • Cirtltnbtfl.. MO • Frtllkr1d.MP • f.lltf'.u:,\'o\ 108 N:\23068\DWG\97-06 DOC Match Line See Exhibit "E" ll~ I~ I I ~ - ~~-- - ~-- ~ ~~-~-- ~ ...... Cl..: ~ cti ::t::~~~T Cl..: I I I I I I I ~ I~ l~f I~ Hollywood Rood Hollywood Rood (-10' R/W) (-10' R/W) IJ[[D n~Tl:lI I I I I I I I I U" 66.oo· ~ W_ll ~ I rl:~~OO ---- \ ~~ ~~ii------~ ~ u_~~- ~ I l( ~~~-- 1 ~ ~ ~~ - D~ Registered Property Line Surveyor ~® Maryland No. 526 I ~ Exp.: 02/17/2023 K==== Exhibit "F" I ~ Sketch of a Portion of Rhode Island A venue Part of the Property of ~===I ~ County Commissioners Prince George's County, Maryland Vansville (1st) & Berwyn (21st) Districts Prince George's County, Maryland January, 2021 Scale: 1 "=100' ------CPJ ~~~~~!:l~~~~.~~n~-~n~~~~~:~~'su:~~ Match Line See Exhibit "G" Associates • ~tlllron R4.. stt.300 sllv TI....._ I -=d~ I Iroquois Street (30' .&1!.18 --- ~ . "i~ ---~ ~ ...._ "'- I - ~~---8"'~Cl: ~ I ·1l ~10- -~ ~ ~ ~ - ~...., - C:::S ~ ~ I ~Cl: ___ tj Huron~ (30'Y --- ~ ~ I D~ Registered Property Line Surveyor Maryland No. 526 Exp.: 02/17/2023 Exhibit "G" Sketch of a Portion of Rhode Island A venue Part of the Property of County Commissioners Prince George's County, Maryland Vansville (1st) & Berwyn (21st) Districts Prince George's County, Maryland January, 2021 Scale: 1 "=100' cPJ ~~~~~~!m~,}~~~~S-~~~~~-~!~~~:~~~·s!,~~~ Associates J751 Elron Rd. s re.JOO SLI\-tr sprtng. MD 20903 301-~34 - 7000 fllx:30t· 434· 93!14 Match Line See Exhibit "H" WWW'.Cpfi.C'Ofll • SU\'et$prln&-MD • OaltiM:rG\tfJ.MD • Annapolis. MD • Crcenbdt. MD • ntdtrk'k.MD • r:tldnk, \'!'\ 110 N:\23068\0WG\97-06 DOC Match Line See Exhibit "G" ;.... N 'b c-.i CD CD Lri ~ I ~ 66 0' + w •0 if: ~ 0 t±Erie Street ~ I~ ~I I~ (/) I I c»·:~= -- 1 L-=(8...___ I I ~6an . DeBolt ',_?~\••• ..A_o,:: 0 ==--- Registered Property Line Surveyor , , ;.o~• •. 526 • • • ~ I 66.00' ~--+l ~ ~'S '--i ~ ~ Cl: Ia I~ ~ N ~ ~ 1.( 1= 0 ~ p-1 ~ '--i ..-~ ..- Vl ,------~~- I J~ I =I""' Exhibit "I" 01•t: Sketch of a Portion of ~ ..,; L- BfackfOOt Pl. ~~"<:!' (45' R/W) Rhode Island Avenue Part of the Property of I~ County Commissioners I Prince George's County, I ~I~ Maryland I - ~~ - · Vansville (1st) & Berwyn (21st) Districts ~~ - C\.4 ~ Prince George's County, Maryland I ~ ...... ·- I 1 ~ ~ .... January, 2021 Scale: 1 "=100' !n ~ ~ ~ "-4~ ~ · -1------1 I 1 :-.. CPJ ~~~~:~m~,}~~~DS·~~n~· ~~~.~~~:~~~ su~~~~ See Exhibit "J" Associates t75tElronRd.ste.JOO slh,.,rsprlng.MDl0903 :lOt-~:14 · 7000 F:lx:JOH:l4·9394 www.c:p}a.CChD • Sll\'ei'Sp!hlJ..\40 • Galthef1bwi'J.MO • AnnoapoU-. MD • Crcc:nbdLMD • rreOcrh;k.MD • Ptlrthx.VA 112 N:\23068\DWG\97-06 DOC Match Line See Exhibit "I" I \0J' l __~ ----- Exhibit "J" Sketch of a Portion of Rhode Island Avenue Part of the Property of County Commissioners Prince George's County, Maryland Vansville (1st) & Berwyn (21st) Districts Prince George's County, Maryland January, 2021 Scale: 1 "=100' CPJ ~~~~~~~m~2~~~~.~~ n ~ · ~!~~~:~:~~'s u~~~~ Associates 11s1 Elton Rd.. st<.300 sll\'ersprtng. MD2090J JOt-434·7000 P.u:J01· 434 -9394 W"''""'".C'pja.c'Onl • Sttftr $pd ft1. MD • G~lthtrfltwrJ. M.D • Mtnitpolls. AtD • G111tnbdL MD • rwdtrkt.. MD • r.a!rf'llt.. \.A 113 N:\23068\0WC\ 97-06 DOC I ~ I ::s;~ Part Two 'oq;: w 23,165 s.f. ~ .ION l'b or 0.53 Ac. jl= § lOr .ON 10 ~ N• "'<: "~N.- I c-l~Nr I 10. ~ z ...... ~ Vi ~ I Registered Property Line Smveyor Maryland No. 526 Exp.: 02/17/2023 Exhibit "J" Sketch of a Portion of Rhode Island A venue Part of the Property of County Commissioners Prince George's County, Maryland Vansville (1st) & Berwyn (21st) Districts Prince George's County, Maryland January, 2021 Scale: 1 "=100' CPJ ~!~~~!m:,!?.!~~.~~n~.~~!~~~~!!~'su~~; Associates 1751 'Elton Rd, s••· 300 sum spnng. MD 20903 301-434·7000 Fax:JOI-434·9394 "-'WW.cpj:LCOdl • SllWf Spl1n&, MD • GaithtrsbufS. MD • Anuapolli. MD • Gt«Ubtli,M.O ~ Fffilctkk, MD • fltlrf,u, VA 114 N:\23068\DWG\97-06 DOC 21-G-44 Permit-restricted parking on Pontiac Street between Osage and 49th Avenue, and on Osage Street 115 CITY OF COLLEGE PARK, MARYLAND REGULAR MEETING AGENDA ITEM AGENDA ITEM: 21-G-44 Prepared By: James Miller Meeting Date: 03/23/2021 Parking Enforcement Manager Presented By: James Miller & Robert W. Ryan Proposed Consent: No Public Services Originating Department: Public Services – Parking Enforcement Action Requested: Approval of parameters for the consideration of permit-restricted parking on Pontiac Street, between Osage Street and 49th Avenue, and on Osage Street, and to set a public hearing. Strategic Plan Objective: #4 Enhance safety and quality of enforcement to advance our reputation as a safe City. Background/Justification: Staff have fielded many parking complaints from the Berwyn community along Pontiac Street between Osage Street and 49th Avenue, and on Osage Street due to an overcrowding of non-resident vehicles parking on a daily basis. As a result, the establishment of residential permit parking is being considered. If approved, permit restrictions would be set for enforcement Monday through Friday from 7:00 a.m. to 7:00 p.m., and Saturdays and Sundays from 12 midnight to 6:00 a.m., with a 2-hour allowance for non- permit holders. This would be in alignment with the recently approved and posted restrictions along 48th Avenue between Pontiac Street and Berwyn Road. Parking permits and visitor parking passes for residents situated within a permit restricted area would be free of charge, with a limit to be determined by Council. Fiscal Impact: Implementation of a new residential permit parking zone requires an investment of City resources for visitor parking passes, the installation and maintenance of permit signs, and the assignment of Parking Enforcement personnel to monitor and enforce regulations adopted by Council. These costs can be covered within the FY21 budget and FY22 proposed budget. Council Options: 1. Approve the proposed parameters for the consideration of permit-restricted parking. 2. Amend the proposed parameters and approve. 3. Take no action at this time. Staff Recommendation: Option #1, with staff taking direction from Council. Recommended Motion: I move to approve the proposed parameters for the consideration of permit-restricted parking on Pontiac Street between Osage Street and 49th Avenue, and on Osage Street, and to set a public hearing. Attachments: 1. Map of Pontiac Street, between Osage Street and 49th Avenue, and Osage Street proper. 2. City Code Chapters 151-1 and 151-3 116 MyBuilding Neighborhood College Park, MD Find address or place c + – h i aero,'"n Pari; -76.931 38.992 Degrees 200ft200ft200ft f 117 3/18/2021 City of College Park, MD Ecode360 City of College Park, MD Thursday, March 18, 2021 Chapter 151. Permit Parking § 151-1. Promulgation of rules and regulations. Under the provisions of § 184-9, Permit parking in restricted residential areas, of the Code of the City of College Park, the following rules and regulations are promulgated: A. A request for permit parking may be initiated by the Mayor and Council or by petition from one or more residents. B. Permit parking requests must be for a minimum area of both sides of a street one standard city block in length or the equivalent. § 151-3. Public hearing; guidelines. A. Upon determination that the request for permit parking satisfies all of the above elements, the Council will conduct a public hearing at some convenient place and time which will be announced in the monthly Municipal Scene or by some other method which will notify all affected citizens. B. Following a public hearing, the City Council, in the best interests of the city, may accept, modify or reject the permit parking request. C. Guidelines for evaluating the public hearing. The following criteria are intended to guide the Mayor and Council in determining whether a request for permit parking permits is reasonable and justified. These shall not be considered exclusive criteria: [Added 9-10-1991 by Ord. No. 91-0-22] (1) The street proposed for permit parking has an identified parking problem which cannot be alleviated in any other way than by permit parking. Such a problem can be identified through a combination of resident complaints, parking enforcement surveillance and ticketing practices, accident statistics and the history or previous efforts to control parking on the street. 118 https://ecode360.com/print/C00032?guid=9898145, 9898156 1/2 3/18/2021 City of College Park, MD Ecode360 (2) The street has a higher volume of nonresidential parking than would normally be expected. (3) Parking will not impede the delivery of fire and medical emergency services to residents on the street. (4) The installation of parking shall be assessed for its potential impact on public transportation. (5) The potential impact of parking on adjacent neighborhoods shall be assessed. (6) Parking will not disturb traffic flow on the street and in the neighborhood. (7) The character of the neighborhood will not be diminished. 119 https :l/ecode360 .com/print/C00032?guid=9898145,9898156 212 21-O-04 Adoption of Ordinance 21-O-04 to amend Chapter 34, Elections 120 CITY OF COLLEGE PARK, MARYLAND REGULAR MEETING AGENDA ITEM AGENDA ITEM: 21-O-04 Prepared By: Janeen S. Miller, Meeting Date: 03/23/2021 City Clerk Presented By: Janeen S. Miller Proposed Consent: N/A Originating Department: City Clerk’s Office for the Board of Election Supervisors Action Requested: Adoption of Ordinance 21-O-04 to amend Chapter 34, Elections, to include electronic posting and messaging in the definition of political matter, to change the dates for filing an application for an absentee ballot and for a late absentee ballot to allow more time for transit through the US mail, to remove the requirement that the notice to candidates and treasurers concerning filing of finance reports and independent expenditure reports be given by ordinary mail, and make certain clarifying, conforming and numbering changes. Strategic Plan Objective: Objective 1: Innovate and improve City services to enhance quality, value and accessibility for all our residents. Background/Justification: The City will hold an election for the office of Mayor and all eight district Councilmembers in November. The Mayor and Council have held two Worksession discussions (February 2 and February 16) with the Board of Election Supervisors and have discussed changes to the election date and other matters related to the November election. Specifically, the Council is interested in holding the election on Sunday, November 7, and in having applications for absentee ballots mailed to all registered voters. Changes to the City Charter were introduced on February 23 by way of Charter Amendment 21-CR-01. The attached companion ordinance with changes to City Code Chapter 34, Elections, was introduced on March 9, 2021. The Public Hearing is scheduled for March 23. These proposed amendments to Chapter 34 of the City Code are detailed below. 1. 34-3 Definitions: Add the word “Finance” to correct the title of the Campaign Finance Report. Change the reference from “Councilperson” to “Council Member” throughout the Chapter. Add additional descriptions to the definition of Political Matter. 2. 34-5 Polling places; hours of voting; early voting: Removal of the word “City” is a non-substantive conforming change. 3. 34-6 C (2) Absentee balloting, Application: The way it is written now, a voter may request an absentee ballot by mail until seven days before the election. Staff believes that seven days might not provide enough time for the ballot to reach the voter through the US mail. This amendment extends the number of days to 12 days before the election to allow more time for the ballot to reach the voter by mail and improve the chances that the voter can return it in time to be counted. This amendment also removes the reference to the day of the week. 4. 34-6 C (2) (a) - Renumbered to 34-6 C (3): Absentee balloting, Late application: When the ‘application for absentee ballot by mail’ period has ended (12 days before the election), a voter may apply for an absentee ballot in person, which is called ‘late application’. This amendment will adjust the timeline for late application to begin 11 days before election instead of 6 days before the election. 121 5. 34-15 A (4) Campaign finance reports; independent expenditure report: Staff is requesting reconsideration of the requirement that written notices of Campaign finance report deadlines be sent “by ordinary mail” to allow staff to send such required notices by email. Fiscal Impact: None Council Options: 1. Hold the Public Hearing and Adopt 21-O-04. 2. Hold the Public Hearing, and amend the ordinance prior to adoption. 3. Discuss but delay adoption. Staff Recommendation: #1 Recommended Motion: I move to adopt Ordinance 21-O-04 to amend Chapter 34, Elections, to include electronic posting and messaging in the definition of political matter, change the dates for filing of an application for an absentee ballot and a late filing for an absentee ballot, remove the requirement that the notice to candidates and treasurers concerning filing of finance reports and independent expenditure reports be given by ordinary mail, and make certain clarifying, conforming and numbering changes. Attachments: 1. Ordinance 21-O-04 as introduced 2 122 21-O-04 ORDINANCE OF THE MAYOR AND COUNCIL OF THE CITY OF COLLEGE PARK, AMENDING CHAPTER 34, “ELECTIONS”, ARTICLE I, “GENERAL PROVISIONS” §34-3, “DEFINITIONS”; ARTICLE II, CONDUCT OF ELECTIONS, § 34-5, “POLLING PLACES; HOURS OF VOTING; EARLY VOTING”, §34-6, “ABSENTEE BALLOTING”, AND §34-7, “RUNOFF ELECTIONS”; AND ARTICLE III, “FAIR ELECTION PRACTICES”, §34-15, “CAMPAIGN FINANCE REPORTS; INDEPENDENT EXPENDITURE REPORT”; TO INCLUDE ELECTRONIC POSTING AND MESSAGING IN THE DEFINITION OF POLITICAL MATTER, CHANGE THE DATES FOR FILING OF AN APPLICATION FOR AN ABSENTEE BALLOT AND A LATE FILING FOR AN ABSENTEE BALLOT, REMOVING THE REQUIREMENT THAT THE NOTICE TO CANDIDATES AND TREASURERS UNDER § 34-15A(2) AND (3) CONCERNING FILING OF FINANCE REPORTS AND INDEPENDENT EXPENDITURE REPORTS BE GIVEN BY ORDINARY MAIL, AND MAKE CERTAIN CLARIFYING, CONFORMING AND NUMBERING CHANGES. WHEREAS, pursuant to the Local Government Article, Annotated Code of Maryland, the City of College Park (hereinafter, the “City”) has the power to provide for elections for municipal purposes; and WHEREAS, the City has adopted Chapter 34, “Elections”, to regulate municipal elections; and WHEREAS, the Mayor and Council have recently adopted amendments to the Charter to change the manner in which the general election date is set, to change certain deadlines for election filings, to allow more flexibility in setting the dates for a run-off election, and to accommodate the addition time required to vote by mail; and WHEREAS, the said Charter amendments require conforming amendments to Chapter 34, “Elections”. ______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 123 21-O-04 WHEREAS, the Mayor and Council have determined that it is in the public interest to adopt the foregoing amendments to Chapter 34 required by the Charter amendments, and to make other clarifying changes. Section 1. NOW THEREFORE, BE IT ORDAINED AND ENACTED, by the Mayor and Council of the City of College Park, Maryland that Chapter 34 “Elections”, Article I “General Provisions” §34-3, “Definitions” be and it is hereby repealed, re-enacted and amended to read as follows: § 34-3 Definitions. As used in this chapter, the following terms shall have the meanings indicated below: * * * * * [CAMPAIGN REPORT] CAMPAIGN FINANCE REPORT A report of contributions received and expenditures. CANDIDATE Any person who seeks election to the office of Mayor or Council[person] MEMBER of the City of College Park. * * * * * ELECTION The process by which the voters of the City of College Park vote for Mayor or Council[person] MEMBER, any Charter amendment, proposition or question, and, unless otherwise indicated, shall include all elections, general, special, runoff and referendum. * * * * * POLITICAL MATTER 2 124 21-O-04 Any pamphlet, circular, card, sample ballot, poster, billboard, advertisement, button, ELECTRONIC POSTING OR MESSAGE, or any other printed, photographed, typewritten or written material or statement relating to any candidate or prospective candidate, or any matter or issue which has been submitted to a vote at an election or is in the process of being petitioned to referendum. * * * * * PUBLIC OFFICE The office of Mayor or Council[person] MEMBER of the City of College Park. * * * * * Section 2. BE IT FURTHER ORDAINED AND ENACTED by the Mayor and Council of the City of College Park that Chapter 34 “Elections”, Article II “Conduct of Elections” §34-5, “Polling places; hours of voting; early voting” be and it is hereby repealed, re-enacted and amended to read as follows: § 34-5 Polling places; hours of voting; early voting. Polling places and hours for election day shall be designated by the Supervisors of Elections with the approval of Mayor and Council. The polling places and hours for one or more early voting days shall be designated by the Supervisors of Elections with the approval of Mayor and Council. A voter may vote at a designated polling place on the day of the election or at a designated [City] early voting polling place. All qualified voters who are waiting in line to vote at the time of the official closing of the polls shall be permitted to vote. Section 3. BE IT FURTHER ORDAINED AND ENACTED by the Mayor and Council of the City of College Park that Chapter 34 “Elections”, Article II “Conduct of Elections” §34-6, “Absentee balloting” be and it is hereby repealed, re-enacted and amended to read as follows: 3 125 21-O-04 § 34-6 Absentee balloting. A. – B. * * * * * C. Applications for absentee ballots. (1) * * * * * (2) Deadline for receipt of application. Except for a late application under Subsection [C(2)(a)] C(3) of this section, application for an absentee ballot must be received by the Supervisors of Elections not later than [the Tuesday or, if not on Tuesday, seven] 12 CALENDAR days preceding the election, at the time specified by the Supervisors of Elections. [(a)] (3) Late application. [[1]] (A) Beginning [six] 11 CALENDAR days preceding the election, through the closing of the polls on Election Day, a registered voter or the voter's duly authorized agent may apply in person for an absentee ballot at the City Clerk's office. [[2]] (B) A special application for an absentee ballot issued under this subsection shall be supplied by the Supervisors of Elections or the City Clerk to the voter or the voter's duly authorized agent. [[3]] (C) After review of the application, if the Supervisors of Elections find that the voter qualifies for absentee voting, the City Clerk shall issue an absentee ballot to the voter or the voter's duly authorized agent. Section 4. BE IT FURTHER ORDAINED AND ENACTED by the Mayor and Council of the City of College Park that Chapter 34 “Elections”, Article II “Conduct of Elections” §34-7, “Runoff elections” be and it is hereby repealed, re-enacted and amended to read as follows: 4 126 21-O-04 § 34-7 Runoff elections. In the event that an election results in a tie vote for Mayor or Council[person] MEMBER, a runoff election shall be conducted as provided in the Charter. The same rules and procedures that apply to regular elections shall apply to runoff elections, with the following additional provisions: A. – C. * * * * * Section 5. BE IT FURTHER ORDAINED AND ENACTED by the Mayor and Council of the City of College Park that Chapter 34 “Elections”, Article III “Fair Election Practices” § 34- 15, “Campaign finance reports; independent expenditure report” be and it is hereby repealed, re- enacted and amended to read as follows: § 34-15 Campaign finance reports; independent expenditure report A. Each candidate, the treasurer of each political committee, and any person making aggregate independent expenditures of $100 or more in an election cycle for campaign material that is a public communication, shall file reports disclosing contributions and expenditures with the City Clerk for the Supervisors of Elections. Even if no contributions or expenditures have been made during the period covered by the report, a statement to that effect must be filed by a candidate and treasurer of each political committee. Candidate reports required under this section may be electronically filed in an acceptable format at an address designated by the City Clerk, if prior to filing the candidate has authorized electronic filing on a form provided by the Supervisors of Elections and has designated one or more e-mail or other addresses from which reports will be filed. (1). – (3). * * * * * 5 127 21-O-04 (4) At least 10 working days before the reports specified in § 34-15A(2) and (3) are required to be filed, the City Clerk shall send written notice[, by ordinary mail]to all candidates and treasurers to remind them of the necessity of complying with the reporting requirements of § 34-15A(2) and (3) and setting forth the dates for filing; provided, further, that no penalty shall be assessed under Chapter 110 unless the City Clerk has sent such written notice to candidates and treasurers. B. – E. * * * * * Section 6. 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 7:30 P.M. on the 23rd day of March , 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. This Ordinance shall become effective on ______, 2021 provided that, as soon as practicable after adoption, the City Clerk shall post a fair summary of the 6 128 21-O-04 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. 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 by the Mayor and Council of the City of College Park, Maryland at a regular meeting on the 9th day of March 2021. ADOPTED by the Mayor and Council of the City of College Park, Maryland at a regular meeting on the _____ day of ______2021. EFFECTIVE 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 7 129 Notice of Public Hearing for Ordinance 21-O-04, introduced on March 9, 2021: • Posted to City Bulletin Board on March 11, 2021 • Posted to City Website on March 12, 2021 • Posted on Cable Television Channel on March 11, 2021 • Sent to Constant Contact LISTSERV on March 13, 2021 • Posted in the College Park Municipal Scene: N/A ATTEST: Janeen S. Miller, City Clerk 130 NOTICE OF PUBLIC HEARING ORDINANCE 21-O-04 MARCH 23, 2021 7:30 P.M. An Ordinance Of The Mayor And Council Of The City Of College Park, Amending Chapter 34, “Elections”, Article I, “General Provisions” §34-3, “Definitions”; Article II, Conduct Of Elections, § 34-5, “Polling Places; Hours Of Voting; Early Voting”, §34-6, “Absentee Balloting”, And §34-7, “Runoff Elections”; And Article III, “Fair Election Practices”, §34-15, “Campaign Finance Reports; Independent Expenditure Report”; To Include Electronic Posting And Messaging In The Definition Of Political Matter, Change The Dates For Filing Of An Application For An Absentee Ballot And A Late Filing For An Absentee Ballot, Removing The Requirement That The Notice To Candidates And Treasurers Under § 34-15a(2) And (3) Concerning Filing Of Finance Reports And Independent Expenditure Reports Be Given By Ordinary Mail, And Make Certain Clarifying, Conforming And Numbering Changes. Ordinance 21-O-04 was introduced at the Regular Meeting on March 9, 2021. The Public Hearing will be held virtually on Tuesday, March 23, 2021 at 7:30 p.m. This ordinance will update the City’s election Code to change the timeline for a voter to request an absentee ballot by mail to allow more time for applications and ballots to move through the U.S. mail to help ensure that a voted ballot will be received in time. The revision also removes a requirement that a deadline notice be made by “ordinary” mail. Other non-substantive changes are outlined in the staff report. To obtain the meeting link or phone number to join the meeting, please visit the Mayor and Council Meeting page on our website . All interested parties will have the opportunity to be heard. Please note, participants will be muted during the meeting except during public comment. Copies of this Ordinance may be obtained from the City Clerk’s Office, 8400 Baltimore Avenue, Suite 375, College Park, MD 20740, by calling 240-487-3501, or from the City’s website: www.collegeparkmd.gov. If you are unable to participate in the meeting, you may submit written comment prior to the Public Hearing. In order to be received by the Council as part of the record, the 131 comment must include the specific topic to which it relates and the full name and address of the person submitting the comment. Written comment should be submitted no later than 5:00 p.m. on the day of the hearing to [email protected]. 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. 132 21-CR-01 Adoption of Charter Resolution 21-CR-01 to amend Article III, Mayor and Council, and Article IV, Voting and Elections 133 CITY OF COLLEGE PARK, MARYLAND REGULAR MEETING AGENDA ITEM AGENDA ITEM: 21-CR-01 Prepared By: Janeen S. Miller, Meeting Date: 03/23/2021 City Clerk Presented By: Janeen S. Miller Proposed Consent: N/A Originating Department: City Clerk’s Office for the Board of Election Supervisors Action Requested: Amend and then Adopt Charter Resolution 21-CR-01, Amending Article III, “Mayor And Council”, §C3-5, “Election” And §C3-6, “Vacancies”, And Article IV, “Voting And Elections, §C4-5, “Petitions For Candidacy; Employees” And §C4-6, “Runoff Elections”, To Require That On Or Before March 31 Of A General Election Year (Except In 2021, When The Date Is On Or Before May 31), The Mayor And Council Will Set By Motion The Date In November For The General Election, That If The Mayor And Council Fail To Set The Election Date, The General Election Will Be Held On The First Tuesday Following The First Monday In November, That Withdrawal As A Candidate For A Vacancy Must Be Filed No Later Than Noon On The 20th Calendar Day Before The Election, To Allow More Flexibility In Setting The Date Of Any Run-Off Election Within A 45 Day Time And To Change Certain Filing Deadlines To Accommodate The Additional Time Required To Vote By Mail And Make Conforming Changes Strategic Plan Objective: Objective 1: Innovate and improve City services to enhance quality, value and accessibility for all our residents. Background/Justification: The City will hold an election for the office of Mayor and eight district Councilmembers in November. The Mayor and Council have held two Worksession discussions (February 2 and February 16) with the Board of Election Supervisors and have discussed changes to the election date and other matters related to the November election. Specifically, the Council is interested in holding the election on Sunday, November 7, and in having applications for absentee ballots mailed to all registered voters. Changes in the City Charter (C3 and C4) and City Code (Chapter 34) are needed to effect the changes discussed. In addition, staff is recommending additional amendments to these sections of the Charter while we are making updates. Changes to Chapter 34 of the City Code were introduced on February 16 through Ordinance 21-O-04. Charter Resolution 21-CR-01 was introduced on February 23 with the amendments below. Note: Staff is providing an Amended Charter Resolution that will allow the Mayor and Council until May 31 (in 2021 only) to set the date of the election. This amendment is necessary because the Charter amendment will not become effective until May 12, provided it is not petitioned to referendum. Staff will return in late May with a motion to set the date of this year’s election to November 7. 1. C3-5: Council expressed interest in holding the City election on a Sunday to provide residents with a more convenient day to vote in the hope that it will increase voter participation. Residents also have the option to vote by mail (absentee ballot) to eliminate the need to go to the poll at all. To provide flexibility in changing the date of the election, this amendment will allow the Mayor and Council to set the election date by March 31 in an election year. If a date is not designated by March 31, the “first Tuesday following the first Monday in November” will be the default date. Section 34-5 of the City Code currently allows “Polling places and hours for election day shall be designated by the 134 Supervisors of Elections with approval of Mayor and Council.” The intent here is to allow the date of the election to be set in the same way if a change in the default date is desired. 2. C3-6 B (3)(a): The proposed change to this section applies specifically to a candidate’s date of withdrawal in a Special Election. As currently written, a candidate in a Special Election has until noon on the 11th calendar day before the election to withdraw their candidacy. The BOES feels this date is too close to the date of the election. The recommendation is to change this date to 4 days after the applications for candidacy are due. This way, staff has time to remove the candidate’s name from the ballot before it is printed. This ties the date of withdrawal to the date the field of candidates is known rather than tying it to the date of the election. 3. C4-5 C: This proposed amendment applies specifically to the situation where a candidate has submitted paperwork for both the office of Mayor and Councilmember, and must designate which office they want to move forward with. This date is tied to the date that petitions and other qualifying paperwork is due. Since we are recommending a change to that due date in “E” of this section, the corresponding change must also be made here. 4. C4-5 E: This proposed amendment applies to the deadline for candidate petitions and other qualifying paperwork. The first change is to move the deadline from 46 days before the election to 53 days before the election, which adds one week between the date the paperwork is due and the date of the election. The purpose for adding this additional week is to recognize that more residents may choose to vote by mail and therefore allow more time for ballots to move back in forth in the mail system. The second change in “E” relates to the specific circumstance where the deadline for candidate paperwork is extended “in the event that no qualified candidate files for office” by the due date. The proposal here is to shorten up this extension from 10 days to 7 days. The purpose for shortening up this time frame is because we can’t send the ballots for printing until this date has passed, and we don’t want to delay the printing of the ballots unnecessarily. 5. C4-5 F: This proposed amendment applies to the last day of withdrawal in a regular election. As currently written, a candidate has until 35 days prior to the election to withdraw. That would mean that we couldn’t send the ballots for printing until the 34th day prior to the election, which is too close to the election and does not allow enough time for ballots to move through the US mail. The proposal is instead to tie the withdrawal date to the date that candidacy paperwork is due. Our feeling is that most candidates will make the decision to withdraw when they see the other candidates in the field. This would allow four days after the names of the candidates are published to decide to withdraw. That would be the 49th day before the election (53 days – 4 days = 49 days). This would provide more cushion for the printing and mailing of the ballots. 6. C4-6: This proposed amendment applies only in the case of a runoff election when there is a tie vote. The way it is currently written in the Charter, a runoff election would have to be conducted on the fourth Tuesday after the election. We believe this is much too prescriptive, could force an election to be held during the Thanksgiving week, and generally doesn’t allow enough time to reset and prepare for a runoff election. Staff suggests an amendment to allow the date of a runoff election to be set by Mayor and Council that is no more than 45 days from the date that the election results were certified. A sample timeline showing a comparison of the old and new dates is attached. Fiscal Impact: Amendments to the City Charter cost approximately $3,500 in state mandated advertising fees and publishing. Council Options: 1. Hold the Public Hearing and adopt the amended charter resolution. 2. Hold the Public Hearing but decline to adopt the charter amendment at this time. 2 135 Staff Recommendation: #1 Recommended Motion: I move to adopt Amended Charter Resolution 21-CR-01 to provide for determining the date for the election in any election year by a vote taken on or before March 31 (except in 2021 when the date is on or before May 31) with the default election date of the first Tuesday following the first Monday in November in the event the election date is not set, allow more flexibility in setting the date of any run-off election, and change the filing deadlines for candidate petitions and withdrawals to accommodate voting by mail and the ballot process. Attachments: 1. Amended Charter Resolution 21-CR-01 2. Timeline comparison chart 3 136 21-CR-01 AMENDED CHARTER RESOLUTION OF THE MAYOR AND COUNCIL OF THE CITY OF COLLEGE PARK, TO AMEND ARTICLE III, “MAYOR AND COUNCIL”, §C3-5, “ELECTION” AND §C3-6, “VACANCIES”, AND ARTICLE IV, “VOTING AND ELECTIONS, §C4-5, “PETITIONS FOR CANDIDACY; EMPLOYEES” AND §C4-6, “RUNOFF ELECTIONS”, TO REQUIRE THAT ON OR BEFORE MARCH 31 OF A GENERAL ELECTION YEAR (EXCEPT IN 2021, WHEN THE DATE IS ON OR BEFORE MAY 31), THE MAYOR AND COUNCIL WILL SET BY MOTION THE DATE IN NOVEMBER FOR THE GENERAL ELECTION, THAT IF THE MAYOR AND COUNCIL FAIL TO SET THE ELECTION DATE, THE GENERAL ELECTION WILL BE HELD ON THE FIRST TUESDAY FOLLOWING THE FIRST MONDAY IN NOVEMBER, THAT WITHDRAWAL AS A CANDIDATE FOR A VACANCY MUST BE FILED NO LATER THAN NOON ON THE 20TH CALENDAR DAY BEFORE THE ELECTION, TO ALLOW MORE FLEXIBILITY IN SETTING THE DATE OF ANY RUN-OFF ELECTION WITHIN A 45 DAY TIME AND TO CHANGE CERTAIN FILING DEADLINES TO ACCOMMODATE THE ADDITIONAL TIME REQUIRED TO VOTE BY MAIL AND MAKE CONFORMING CHANGES A Charter Resolution of the Mayor and Council of the City of College Park, adopted pursuant to the authority of Article XI-E of the Constitution of Maryland and §4-301 et seq., Local Government Article, Annotated Code of Maryland, as amended. WHEREAS, §C3-5, “Election” currently requires that the general election for City elective offices is the first Tuesday following the first Monday in November; and WHEREAS, § C4-6, “Runoff elections” currently requires that any run-off election for City elective offices must occur on the 4th Tuesday after the election; and WHEREAS, the Mayor and Council have determined that it is in the public interest to promote voter convenience and participation by allowing flexibility in setting the date for the general election and run-off elections; and ______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 Resolution. CAPS :Indicate matter added in amendment [Brackets] :Indicate matter deleted in amendment 137 21-CR-01 WHEREAS, the Mayor and Council have determined that it is in the public interest to promote voter convenience and participation by changing certain time frames for filing of candidate petitions to accommodate voting by mail; and WHEREAS, the Mayor and Council wish to make provision for determining the appropriate date for the election in any election year by a vote taken on or before March 31 in the election year (except in 2021, when it will be set on or before May 31, 2021), with the default election date of the first Tuesday following the first Monday in November in the event the election date is not set, allowing more flexibility in setting the date of any run- off election, and changing filing deadlines for candidate petitions to accommodate voting by mail. Section 1. NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the City of College Park that Article III, “Mayor and Council”, §C3-5, “Election” be repealed, re-enacted and amended to read as follows: § C3-5 Election. The qualified voters of the City shall elect a Mayor to serve a term of two years. The voters within each district shall elect two Councilpersons for their respective districts, each to serve the term of two years.[ The election for Mayor and Councilpersons shall be conducted on] ON OR BEFORE MARCH 31 OF A GENERAL ELECTION YEAR, THE MAYOR AND COUNCIL MAY BY MOTION SET THE DATE IN NOVEMBER FOR THE GENERAL ELECTION, ON A DATE THAT IS NOT A CITY, STATE, COUNTY OR FEDERAL ELECTION DAY OR HOLIDAY. IF THE MAYOR AND COUNCIL FAIL TO SET THE ELECTION DATE BY MARCH 31, THE GENERAL ELECTION SHALL BE HELD ON the first Tuesday following the first Monday in November. FOR THE 2021 GENERAL ELECTION ONLY, THE MAYOR AND COUNCIL MAY BY MOTION SET THE DATE ON OR BEFORE MAY 31, 2021. Section 2. BE IT RESOLVED by the Mayor and Council of the City of College Park that Article III, “Mayor and Council”, §C3-6, “Vacancies” be repealed, re-enacted and amended to read as follows: 2 138 21-CR-01 § C3-6 Vacancies. A. * * * * B. Election or appointment to fill vacancies. (1) – (2) * * * * (3) Vacancy in office of Mayor or Council. (a) Upon it becoming necessary to fill a vacancy in the office of Mayor or Council member pursuant to Subsection B(1) above, the City Clerk shall give public notice of the vacancy, containing the qualifications of the office, the geographical boundaries of the district(s) to be represented, the procedure to apply for appointment to the vacancy or to be placed on the special election ballot, as appropriate, and the deadline for applications. Applications for appointment shall be forwarded by the Clerk to the Mayor and Council. Applications to be placed on the special election ballot shall be forwarded by the Clerk to the Supervisors of Elections, who shall review the applications for the purpose of determining the qualifications of the candidates. The application shall include a petition in a form satisfactory to the Board of Election Supervisors containing the names, addresses and signatures of not less than 20 registered voters residing in the applicant's district or, in the case of the Mayor, not less than 15 registered voters from each district in the City, indicating support of the applicant's candidacy. The applicant's name and signature may appear and be counted toward the required number on any such petition. Any candidate wishing to withdraw [his or her] AN application must do so no later than noon on the [11th] 20TH calendar day before the election. (b) – (c) * * * * * C. * * * * Section 3. BE IT FURTHER RESOLVED by the Mayor and Council of the City of College Park that Article IV, “Voting and Elections”, §C4-5, “Petitions for candidacy; employees” be repealed, re-enacted and amended to read as follows: § C4-5 Petitions for candidacy; employees. A. Any qualified person desiring to run for the office of Mayor of the City shall file, or cause to be filed, with the City Clerk a petition for candidacy containing the petition, including name, address, district and signature of at least 80 persons consisting of not less than 20 qualified voters from each of the four councilmanic districts. The candidate's name and signature may appear and be counted toward the required number on any such petition. B. Any qualified person desiring to run for Councilperson from a district shall file, or cause to be filed, a petition for candidacy with the City Clerk containing the petition, 3 139 21-CR-01 including name, address, district and signature, of at least 25 qualified voters in the candidate's district. The candidate's name and signature may appear and be counted toward the required number on any such petition. C. To qualify as a candidate for any elective office of the City, an individual must also file a written authorization of candidacy with the City Clerk on behalf of the Supervisors of Elections that is signed and dated by the candidate and identifies the office sought, and any financial disclosure statements required under the City's Code of Ethics. In the event that petitions and authorizations are filed by or in behalf of any person for both the office of Mayor and Council member, the candidacy for both offices shall be disqualified unless the candidate delivers a signed, written notice to the City Clerk, stating the office for which the individual will be a candidate, on or before [46 days, including Saturdays, Sundays and legal holidays,] 53 CALENDAR DAYS prior to the election. D. City employees who seek to qualify as a candidate are required to take an unpaid leave of absence upon the filing of the petition of candidacy for City elective office. The unpaid leave of absence shall be terminated upon withdrawal of the candidate's petition or loss in the election for City office, whichever event shall first occur. Any City employee who gains City elective office shall be terminated as a City employee upon the assumption of office. E. No candidacy petitions or authorizations shall be considered valid unless received by the City Clerk before 4:00 p.m. [on the 46th day, including Saturdays, Sundays and legal holidays,] 53 CALENDAR DAYS prior to the election. In the event that no qualified candidate files for the office of Mayor or one or more Council seats on or before the [46th] 53RD day prior to the election as required herein, then the deadline for receipt of candidate petitions and authorizations by the City Clerk is extended to 4:00 p.m. on the [36th] 46TH day prior to the election. No candidacy petitions or authorizations for an individual shall be considered valid unless that individual possesses all the required qualifications for the office sought by said date. F. The Supervisors of Elections shall cause to be published, in appropriate manner to give general publicity, the names of the candidates and the positions to which they aspire. Any candidate wishing to withdraw an authorization of candidacy must do so no later than 35 CALENDAR days [, including Saturdays, Sundays and legal holidays,] prior to the day of election. Section 4. BE IT FURTHER RESOLVED by the Mayor and Council of the City of College Park that Article IV, “Voting and Elections”, §C4-6, “Runoff elections” be repealed, re-enacted and amended to read as follows: § C4-6 Runoff elections. In the event of a tie vote in the election of Mayor and/or Council member, a runoff election of the tied candidates shall be conducted on [the fourth Tuesday after the election] A DATE TO BE DETERMINED BY THE MAYOR AND COUNCIL, BY MOTION, THAT IS NO MORE THAN 45 DAYS FROM THE DATE OF 4 140 21-CR-01 CERTIFICATION OF THE ELECTION. [If, due to the date of a special election, a runoff election would occur on a City, state, county or federal election day or holiday, t] The runoff election shall be scheduled on a date THAT IS NOT A CITY, STATE, COUNTY OR FEDERAL ELECTION DAY OR HOLIDAY. [during the 4th week following that special election, such that it would not fall on the City, state, county, or federal election day or holiday.] Section 5. BE IT FURTHER RESOLVED by the Mayor and Council of the City of College Park that this Charter Resolution was introduced on the ___ day of February, 2021 and was considered for adoption after a public hearing. It is adopted as amended this ______day of ______, 2021, after at least 21 days of prior public notice of the public hearing and shall be and become effective upon the fiftieth (50th) day after its passage by the City unless petitioned to referendum in accordance with §4-304 of the Local Government Article, Annotated Code of Maryland within forty (40) days following its passage. A complete and exact copy of this Amended Charter Resolution shall be posted in the City offices located at 8400 Baltimore Avenue, Suite 375, College Park, Maryland for forty (40) days following its passage by the Mayor and Council and a fair summary of the Charter Resolution shall be published in a newspaper having general circulation in the City not less than four (4) times, at weekly intervals, also within the forty (40) day period following its adoption by the City. Section 6. BE IT FURTHER RESOLVED that, within ten (10) days after the Charter Resolution hereby enacted becomes effective, either as herein provided or following referendum, the City Manager for the City of College Park shall send separately, by mail, bearing a postmark from the United States Postal Service, to the Department of Legislative Services, one copy of the following information concerning the Amended Charter Resolution: (i) the complete text of this Resolution; (ii) the date of referendum election, if any, held with respect thereto; (iii) the number of votes cast for and against this 5 141 21-CR-01 Resolution by the Council of the City of College Park or in the referendum; and (iv) the effective date of the Charter Resolution. Section 7. BE IT FURTHER RESOLVED that the City Manager of the City of College Park be, and hereby is, specifically enjoined and instructed to carry out the provisions of Sections 2 and 3 as evidence of compliance herewith; and said City Manager shall cause to be affixed to the minutes of this meeting (i) an appropriate Certificate of Publication of the newspaper in which the fair summary of the Charter Resolution shall have been published; and (ii) shall further cause to be completed and executed the Municipal Charter or Annexation Resolution Registration Form. Section 8: BE IT FURTHER RESOLVED that if any provision of this Charter Resolution or the application thereof to any person or circumstance is held invalid for any reason, such invalidity shall not affect the other provisions or any other application of this Charter Resolution which can be given effect without the invalid provisions or application, and to this end, all the provisions of this Resolution and of the Charter are hereby declared to be severable. INTRODUCED by the Mayor and Council of the City of College Park at a regular meeting on the day of February 2021. ADOPTED by the Mayor and Council of the City of College Park at a regular meeting on the ______day of ______2021. EFFECTIVE the ______day of ______, 2021. ATTEST: CITY OF COLLEGE PARK, ______By ______Janeen S. Miller, CMC, City Clerk Patrick L. Wojahn, Mayor 6 142 21-CR-01 APPROVED AS TO FORM AND LEGAL SUFFICIENCY: ______Suellen M. Ferguson, City Attorney 7 143 2021 Proposed Election Timeline 15-Jul 4-Aug 24-Aug 13-Sep 3-Oct 23-Oct 12-Nov Election Season August 1 - November 7 1-Aug Petitions and authorization due 1-Aug Prepare ballots 15-Sep Last day to withdraw candidacy 19-Sep Submit ballots for printing 20-Sep Prepare applications for mailing 21-Sep Submit applications for printing and mailing 27-Sep Ballots are received back in office 1-Oct Voter receives their absentee application 4-Oct Requested ballots are mailed to voters 4-Oct Late application (in person) absentee 27-Oct Election Day 7-Nov Election Timeline Without Changes 15-Jul 4-Aug 24-Aug 13-Sep 3-Oct 23-Oct 12-Nov Election Season August 1 - November 7 1-Aug Petitions and authorization due 1-Aug Prepare ballots 22-Sep Last day to withdraw candidacy 3-Oct Submit ballots for printing 4-Oct Prepare applications for mailing 21-Sep Submit applications for printing and mailing 27-Sep Ballots are received back in office 15-Oct Voter receives their absentee application 4-Oct Requested ballots are mailed to voters 17-Oct Late application (in person) absentee 1-Nov Election Day 7-Nov 144 Notice of Public Hearing for Ordinance 21-CR-01, introduced on February 23, 2021: • Posted to City Bulletin Board on February 25, 2021 • Posted to City Website on February 24, 2021 • Posted on Cable Television Channel on February 24, 2021 • Sent to Constant Contact LISTSERV on February 26, 2021 • Posted in the College Park Municipal Scene: March 2021 ATTEST: Janeen S. Miller, City Clerk 145 NOTICE OF PUBLIC HEARING CHARTER RESOLUTION 21-CR-01 MARCH 23, 2021 7:30 P.M. Charter Resolution of the Mayor and Council of the City of College Park, To Amend Article III, “Mayor and Council”, §C3-5, “Election” and §C3-6, “Vacancies”, and Article IV, “Voting and Elections”, §C4-5, “Petitions For Candidacy; Employees” and §C4-6, “Runoff Elections”, To Require That On Or Before March 31 Of A General Election Year, The Mayor and Council Will Set, By Motion, The Date In November For The General Election, That If The Mayor And Council Fail To Set The Election Date, The General Election Will Be Held On The First Tuesday Following The First Monday In November, That Withdrawal As A Candidate In A General Election Must Be Filed No Later Than The 49th Day Prior To The Election, And In A Special Election Must Be Filed No Later Than Noon On The 4th Calendar Day After the Application Deadline, To Allow More Flexibility In Setting The Date Of Any Run-Off Election Within A 45 Day Time Period, To Reduce The Additional Time Allowed For Receipt Of Candidate Petitions and Authorizations When A Candidate Has Not Initially Qualified, and To Change Certain Filing Deadlines, To Accommodate The Additional Time Required To Vote By Mail And To Process The Ballots, And To Make Conforming Changes. Charter Resolution 21-CR-01 was introduced at the Regular Meeting on February 23, 2021. The staff report that explains these proposed Charter amendments is posted here. The Public Hearing will be held virtually on Tuesday, March 23, 2021 at 7:30 p.m. To obtain the meeting link or phone number to join the meeting, please visit the Mayor and Council Meeting page on our website . All interested parties will have the opportunity to be heard. Please note, participants will be muted during the meeting except during public comment. Copies of this Charter Resolution may be obtained from the City Clerk’s Office, 8400 Baltimore Avenue, Suite 375, College Park, MD 20740, by calling 240-487-3501, or from the City’s website: www.collegeparkmd.gov. If you are unable to participate in the meeting, you may submit written comment prior to the Public Hearing. In order to be received by the Council as part of the record, the comment must include the specific topic to which it relates and the full name and address of the person submitting the comment. Written comment should be submitted no later than 5:00 p.m. on the day of the hearing to [email protected]. 146 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. 147 21-G-45 Approval of a motion to set the polling location and hours of the 2021 Election 148 CITY OF COLLEGE PARK, MARYLAND REGULAR MEETING AGENDA ITEM AGENDA ITEM: 21-G-45 Prepared By: Janeen S. Miller, Meeting Date: 03/23/2021 City Clerk Presented By: Janeen S. Miller Proposed Consent: N/A Originating Department: City Clerk’s Office for the Board of Election Supervisors Action Requested: Approval of a motion to set the polling location and hours of the 2021 Municipal Election Strategic Plan Objective: Objective 1: Innovate and improve City services to enhance quality, value and accessibility for all our residents. Background/Justification: The City will hold an election for the office of Mayor and eight district Councilmembers in November. The Mayor and Council have held two Worksession discussions with the Board of Election Supervisors to discuss the date and method of the November election with the goal of implementing all necessary COVID- 19 safety measures to keep voters and pollworkers safe. The Council has expressed an interest in the following: • Election Day will be on Sunday, November 7. • Location will be the College Park Community Center. • Polling hours will be 9:00 a.m. – 6 p.m. • There will be no Early Voting • Applications for Absentee Ballots will be mailed to all registered voters. • Additional secure ballot drop boxes will be provided – number and location to be determined. Regarding the location and hours of the election: City Code §34-5 currently allows “Polling places and hours for election day shall be designated by the Supervisors of Elections with the approval of the Mayor and Council.” The Board of Election Supervisors voted unanimously at their meeting on Thursday, March 11 to recommend that the election be held at the College Park Community Center and that the polling hours be 9:00 a.m. – 6:00 p.m. The motion tonight will approve their designation and is in keeping with discussions at the February Worksessions. Regarding the date of the election: The Mayor and Council have also discussed setting the date of this election as Sunday, November 7, 2021. Charter Amendment 21-CR-01 will allow the Mayor and Council to set this date. If it is adopted at tonight’s meeting and not petitioned to referendum, 21-CR-01 will be effective May 12. We will schedule a follow up motion for the May 25, 2021 meeting to approve the November 7 election date. Fiscal Impact: None Council Options: 1. Adopt the motion. 2. Discuss the matter further before adopting. 3. Discuss but delay adoption. 149 Staff Recommendation: #1 Recommended Motion: I move that the City Council approve the recommendation of the Board of Election Supervisors that the 2021 municipal election be held from 9:00 a.m. – 6:00 p.m. at the College Park Community Center, with the understanding that the date of the election will be set in May and is expected to be Sunday, November 7, 2021. Attachments: None 2 150 Legislative Update 151 7850 Walker Drive, Suite 310 Peter F. O’Malley Greenbelt, MD 20770 (1939-2011) www.omng.com (301) 572-7900 (301) 572-6655 (f) John R. Miles (1935-2017) Edward W. Nylen William M. Shipp Matthew D. Osnos Lawrence N. Taub Leonard L. Lucchi (1922-2010) Nancy L. Slepicka Lynn Loughlin Skerpon Kate P. Pruitt Stephanie P. Anderson Nathaniel A. Forman John D. Gilmore, Jr. (1921-1999) To: Bill Gardiner, Interim City Manager City of College Park From: Leonard L. Lucchi, Esquire Stephanie P. Anderson, Esquire City Lobbyists Date: March 19, 2021 Re: Weekly Report ______ Please find below important information and status of bills in the Maryland General Assembly this session. The Budget – The Governor submitted the budget on January 20, 2021. The Budget Bill for (Fiscal Year 2022) is HB 588. The FY 2022 budget provides $8.8 billion in aid to local governments - $216.6 million over FY 2021. The primary increases include an additional $195.9 million for K-12 education aid, $17.4 million for transportation aid, and $11.1 million for community colleges. Passed second reading in the House. Hearing Rules – We are able to submit written testimony on behalf of the City. However, the window is 48 hours prior to the hearing date per the COVID 19 protocols. Police Reform – The House passed several bills on Police Reform on 3/11/2021. See link below to Maryland Matters article. https://www.marylandmatters.org/2021/03/11/sweeping-police-reform-bill-passed-by-house- of-delegates/ 152 Bill Gardiner, Interim City Manager City of College Park March 19, 2021 Page 2 The Senate passed several bills on Police Reform on 03/03/2021. See link below to Maryland Matters article: https://www.marylandmatters.org/2021/03/05/advocates-reiterate-call-for-lawmakers-to- pursue-meaningful-reform-as-policing-bills-move-to-the-house/ Letters of Support Submitted – HB 82, HB 583, SB 151 and SB 414. Bills Tracker: 1. HB 118 (SB 293) – Vehicle Laws - Injury or Death of Vulnerable Individual – Penalties - Prohibiting an individual from causing the serious physical injury or death of a vulnerable individual as a result of the individual operating a vehicle in violation of Maryland Vehicle Law; defining "vulnerable individual" as a pedestrian, including certain workers and emergency services personnel, an individual walking an animal, or an individual lawfully operating certain modes of transport; establishing certain penalties of a fine of up to $2,000.00, community service, and participation in a motor vehicle safety course; etc. • The letter of support from the City of College Park was submitted to Delegate’s Kumar P. Barve’s office, Chair of the Environment and Transportation Committee, on 01/14/2021. Hearing 01/14/2021, Environment and Transportation. • Bill given a favorable report by the Environment and Transportation Committee. Third Reading passed (133-2). • In Opposite Chamber – Senate Judicial Proceeding on 02/12/2021. 2. SB 293 (HB 118) – Vehicle Laws – Injury or Death of Vulnerable Individual – Penalties – Prohibiting an individual from causing the serious physical injury or death of a vulnerable individual as a result of the individual operating a vehicle in violation of the Maryland Vehicle Law; defining "vulnerable individual" as a pedestrian, including certain workers and emergency services personnel, an individual walking an animal, or an individual lawfully operating certain modes of transport; establishing penalties of a fine of up to $2,000.00, community service, and participation in a motor vehicle safety course; etc. • Hearing, 01/27/2021 Judicial Proceedings. • Favorable with Amendments. • Opposite Chamber – Environment and Transportation, Monitoring. 3. HB 670 - Police Reform and Accountability Act of 2021 Repealing the Law Enforcement Officers' Bill of Rights; providing that the Police Department of Baltimore City is an agency and instrumentality of the City of Baltimore, instead of the State; authorizing a judge to issue a certain "no-knock" search warrant only under certain circumstances; providing that an individual attending a public institution of higher education is exempt from paying tuition if the individual intends to become a police officer under certain circumstances; etc. 153 Bill Gardiner, Interim City Manager City of College Park March 19, 2021 Page 3 • Hearing, Judiciary, 02/09/2021. • Third Reading passed. • Opposite Chamber - Judicial Proceedings, Monitoring. 4. HB 151 – Law Enforcement Officers' Bill of Rights – Repeal – Repealing the Law Enforcement Officers' Bill of Rights; providing for the prospective application of the Act; and requiring the publishers of the Annotated Code of Maryland, in consultation with and subject to the approval of the Department of Legislative Services, to take certain actions. • Hearing, 02/09/2021 Judiciary, Monitoring. 5. HB 311 (SB 553) – Vehicle Laws - Intersections - Prohibited Acts - Prohibiting a vehicle facing a circular green signal, a green arrow signal, or a steady yellow signal from entering an intersection if the vehicle is unable to completely proceed through the intersection; establishing certain exceptions to the prohibition; prohibiting a police officer from issuing a citation for a violation of the Act unless the approach to the intersection has certain signage installed notifying the public that a vehicle may not make a movement at the intersection that violates the Act's provisions; etc. The letter of support from the City of College Park was submitted to Delegate’s Kumar P. Barve’s office, Chair of the Environment and Transportation Committee, on 01/14/2021. A hearing on this bill was held by the Environment and Transportation on 01/14/2021. The testimony on the bill was favorable. The bill was given a favorable report by the Environment and Transportation Committee. Favorable Adopted. • Third Reading, Passed. • First Reading in Judicial Proceedings. 6. SB 553 (HB 311) – Vehicle Laws - Intersections - Prohibited Acts. Prohibiting a vehicle facing a circular green signal, a green arrow signal, or a steady yellow signal from entering an intersection if the vehicle is unable to completely proceed through the intersection; establishing certain exceptions to the prohibition; prohibiting a police officer from issuing a citation for a violation of the Act unless the approach to the intersection has certain signage installed notifying the public that a vehicle may not make a movement at the intersection that violates the Act's provisions; etc. • Hearing 02/16/2021, Judicial Proceedings, Monitoring. 7. SB 362 (HB 649) – Transportation - Highway User Revenues - Revenue and Distribution. increasing the amounts of capital grants calculated based on highway user revenues that are required to be appropriated to Baltimore City, counties, and municipalities in certain fiscal years. • Hearing, 02/02/21, Budget and Taxation. • Third Reading Passed, Monitoring. 154 Bill Gardiner, Interim City Manager City of College Park March 19, 2021 Page 4 8. HB 649 - Transportation - Highway User Revenues - Revenue and Distribution. increasing the amounts of capital grants calculated based on highway user revenues that are required to be appropriated to Baltimore City, counties, and municipalities in certain fiscal years. • Hearing, 2/11/21 Environment and Transportation. • Repeal of sunset provision in CH 330/331 looks promising. • Increase in HUR not so good. Monitoring. 9. SB 368 – Speed Monitoring Systems – Municipal Corporations – Authorization Authorizing a municipal corporation to implement and use a speed monitoring system on a municipal highway within its corporate limits under certain circumstances; prohibiting a county from unreasonably denying a certain request or from placing exactions, fees, or certain restrictions on the implementation and use of a speed monitoring system; authorizing a municipal corporation to contest in the circuit court a certain denial of permission by the county; etc. • Hearing 02/10/21, Judicial Proceedings, Monitoring. 10. SB 387 – Intersection of State and Local Highways – Crosswalks and Curb. Requiring the State Highway Administration to install and maintain a crosswalk and curb ramps at intersections of State and local highways under certain circumstances. • Hearing, 02/03/2021 Finance Committee, Monitoring. 11. HB 183 (SB 449) - Public Information Act – Revisions (Equitable Access to Records Act). Requiring each official custodian to adopt a policy of proactive disclosure of public records; requiring each official custodian to publish by July 1st each year a report on a certain website on the requests received in the preceding year for inspection of public records; requiring each official custodian to store the report in a place easily accessible to the public if a website is not available; requiring the Public Information Act Compliance Board to receive, review, and resolve certain complaints from applicants; etc. • Hearing, 02/11/2021 Health and Government Operations. • Third Reading passed, Monitoring. 12. SB 449 - Public Information Act – Revisions (Equitable Access to Records Act). Requiring each official custodian to adopt a policy of proactive disclosure of public records; requiring each official custodian to publish by July 1st each year a report on a certain website on the requests received in the preceding year for inspection of public records; requiring each official custodian to store the report in a place easily accessible to the public if a website is not available; requiring the Public Information Act Compliance Board to receive, review, and resolve certain complaints from applicants; etc. • Hearing, 02/23/2021 at 1:00 P.M., Education, Health and Environmental Affairs. 155 Bill Gardiner, Interim City Manager City of College Park March 19, 2021 Page 5 • MML did not support or oppose but provided informational comment on concern over increase of government resources in the form of staff and additional legal costs. Monitoring. 13. HB 485 (SB 361) - Public-Private Partnerships - Process and Oversight. Establishing the Public-Private Partnership Oversight Review Board; requiring a certain reporting agency to include in presolicitation reports for public-private partnerships with a total value that exceeds $500,000,000.00 presolicitation reports of certain contracts and a certain environmental impact statement under certain circumstances; requiring certain agreements to be submitted to the Legislative Policy Committee; prohibiting the Board of Public Works, under certain circumstances, from designating a public-private partnership; etc. A hearing held in the Environment and Taxation Committee on 02/09/2021. The written testimony must be submitted by this Friday, 02/05/2021, from 10:00 A.M. – 3:00 P.M. • Hearing 2/09/2021, Environment and Transportation, Monitoring • Hearing 02/17/21, Appropriations. • Held in Environment and Transportation Committee on 3/18/2021, Monitoring. 14. SB 361 - Public-Private Partnerships - Process and Oversight. Establishing the Public- Private Partnership Oversight Review Board; requiring a certain reporting agency to include in presolicitation reports for public-private partnerships with a total value that exceeds $500,000,000.00 presolicitation reports of certain contracts and a certain environmental impact statement under certain circumstances; requiring certain agreements to be submitted to the Legislative Policy Committee; prohibiting the Board of Public Works, under certain circumstances, from designating a public-private partnership; etc. • Hearing 02/17/2021, Education, Health and Environmental Affairs Committee Monitoring. 15. HB 1226 – Municipal Incorporation – County Commissioner or County Council Required Approval of Referendum Request. Requiring the county commissioners or county council to approve a certain referendum request if a valid petition to incorporate a certain area as a municipality is presented by not less than 40% of the registered voters who are residents of the area proposed to be incorporated. • Hearing 03/02/2021 at 1:30 P.M., Environment and Transportation. Monitoring. 16. HB 1229 – Public Ethics- Local Officials-Electronic Filing of Financial Disclosure Statements. Requiring certain provisions concerning financial disclosure enacted by a county or a municipal corporation to require that a local official file a financial disclosure statement in an electronic format; and requiring certain regulations concerning financial disclosure adopted by a school board to require that school board members and certain school system officials and employees file a financial disclosure statement in an electronic format. • Hearing 02/25/2021 at 1:30 P.M., Environment and Transportation. Monitoring. 156 Bill Gardiner, Interim City Manager City of College Park March 19, 2021 Page 6 17. HB 1093 – (Withdrawn) Real Property - Emergency Services and Nuisance Actions. Prohibiting a landlord from using a lease or form of lease that contains a provision that prohibits, limits, or penalizes a tenant or another individual for reasonably summoning the assistance of law enforcement or emergency services; prohibiting a landlord from taking certain retaliatory actions because a tenant or another individual sought the assistance of law enforcement or emergency services for certain purposes; etc. • Hearing on 2/25/21, Judiciary. • Unfavorable Report by Judiciary, Withdrawn on 03/02/2021. 18. HB 272 - Public Information Act - Required Denials - Sociological Information and Distribution Lists. Establishing that certain provisions of law do not preclude a member of the General Assembly from acquiring certain information for certain purposes; prohibiting a definition of "sociological information" adopted in rules or regulations by an official custodian for certain purposes from including a certain notice, or a list of the recipients of a certain notice; requiring a custodian to deny inspection under the Public Information Act of only a certain part of a certain distribution list, rather than the full distribution list; etc. In the House: • Hearing, 2/11/21 Health and Government Operations. • Letter of support submitted • Second Reading passed with amendments, Monitoring. 19. HB 63 (SB 188) - State Finance - Prohibited Appropriations - Magnetic Levitation Transportation System. Prohibiting the State and certain units and instrumentalities of the State from using any appropriation for a magnetic levitation transportation system in the State; and providing that the prohibition does not apply to certain expenditures for salaries. • Hearing, 2/12/21 Environment and Transportation. • Unfavorable Report by Environment and Transportation, Monitoring. 20. SB 188 (HB 63) - State Finance - Prohibited Appropriations - Magnetic Levitation Transportation System. Prohibiting the State and certain units and instrumentalities of the State from using any appropriation for a magnetic levitation transportation system in the State; and providing that the prohibition does not apply to certain expenditures for salaries. • Hearing, 01/27/2021 Budget and Taxation. • Letter of support submitted. • No update on voting regarding bill per Senator Pinsky’s office, Monitoring 21. HB 704 Land Use – Magnetic Levitation Transportation System Siting (Maryland Stop the Maglev Act of 2021) Prohibiting a person from constructing a magnetic levitation transportation system within 2 miles of certain property; prohibiting units of State and local government from taking certain actions related to the construction of a Maglev within 2 miles of certain property; establishing that the prohibitions under the Act do not apply if certain approvals have been 157 Bill Gardiner, Interim City Manager City of College Park March 19, 2021 Page 7 obtained; authorizing counties to adopt local laws for the use of certain land under certain circumstances. • Hearing 2/11/21, Environment and Transportation. • Letter of support submitted. • There are preemption concerns associated with permitting under Federal Transit Administration. • Unfavorable Report by Environment and Transportation, Monitoring. 22. HB 66 (SB 148) Electric Generation - Transition from Fossil Fuels - Carbon Dioxide Emissions Rate and Transition Plan and Fund (Maryland Coal Community Transition Act of 2021). Prohibiting the carbon dioxide emissions rate for certain affected electric generating units from exceeding 180 pounds per million British thermal units; establishing the Fossil Fuel Community Transition Fund to provide grants to certain individuals and communities; requiring the Maryland Department of Labor to establish certain policies and procedures for the administration of the Fund; requiring the Maryland Energy Administration to use the Maryland Strategic Energy Investment Fund to provide certain funding; etc. • Hearing 2/18, Economic Matters. • Letter of support submitted to committee, Monitoring. 23. SB 148 (HB 66) Electric Generation – Transition from Fossil Fuels – Carbon Dioxide Emissions Rate and Transition Plan and Fund (Maryland Coal Community Transition Act of 2021). Prohibiting the carbon dioxide emissions rate for certain affected electric generating units from exceeding 180 pounds per million British thermal units; establishing the Fossil Fuel Community Transition Fund to provide grants to certain individuals and communities; requiring the Maryland Department of Labor to establish certain policies and procedures for the administration of the Fund; requiring the Maryland Energy Administration to use the Maryland Strategic Energy Investment Fund to provide certain funding; etc. • Hearing 02/02/2021, Education Health and Environmental Affairs • Withdrawn by Sponsor. 24. HB 991 - Natural Resources – Forest Mitigation Banks – Qualified Preservation. Establishing the use of qualified preservation in a forest mitigation bank of all or a part of certain existing forests as a standard for meeting afforestation or reforestation requirements under the Forest Conservation Act; defining the term "qualified preservation" as it applies to the Forest Conservation Act; altering the defined term "forest mitigation banking" as it applies to the Forest Conservation Act to include the qualified preservation of forests for certain purposes; etc. • Hearing, Environment and Transportation, 02/24/2021. • Analyzing issue regarding maintenance of the M-NCPPC parkland. • Analyzing strategy on how to address maintenance concerns re: M-NCCPC, parkland. • Second Reading passed with amendments, (attached) Monitoring. 158 Bill Gardiner, Interim City Manager City of College Park March 19, 2021 Page 8 25. HB 67 - 495 and I-270 Public-Private Partnership - Partnership Agreement - Requirements (Maryland Department of Transportation Promises Act of 2021). Prohibiting the Board of Public Works from approving a public-private partnership agreement for the I-495 and I-270 Public-Private Partnership Program unless the agreement includes that at least 10% of the toll revenue remaining after construction costs be deposited in a special fund to be used only for transit projects in accordance with a certain memorandum; authorizing the public-private partnership agreement to require a bidder to agree to initiate a community benefit agreement; etc. • Hearing, Environment and Transportation, 02/12/2021. • Letter of support submitted. • Working concerns on Senate side. No update on timing of referral to subcommittee. Expect referral to happen in a week or so. • Held in in committee on 3/18/2021, Monitoring. 26. HB 1079 Admissions and Amusement Tax - Exemption - Activities That Promote Health and Physical Well-Being. Prohibiting a county or municipal corporation from imposing the admissions and amusement tax on gross receipts derived from any charge for participating in an activity that promotes health or physical well-being or for admission to an establishment that offers activities that promote health or physical well-being; etc. • Hearing, Ways and Means 02/23/2021. • Outreach to MML on this issue. No movement out of committee or even referral to subcommittee, Monitoring. 27. SB 89 Municipalities - Vacancies in Elected Offices. Requiring each municipality to establish procedures requiring a vacancy in an elected municipal office to be filled through a regular or special election held within 90 days after the vacancy occurs. • Hearing 2/18, Education, Health, and Environmental Affairs. • Bill has missed the courtesy date for committees to report. 159 HOUSE BILL 991 M1 1lr2544 By: Delegate Gilchrist Introduced and read first time: February 5, 2021 Assigned to: Environment and Transportation Committee Report: Favorable with amendments House action: Adopted Read second time: March 7, 2021 CHAPTER ______ 1 AN ACT concerning 2 Natural Resources – Forest Mitigation Banks – Qualified Preservation 3 Conservation 4 FOR the purpose of establishing the use of qualified preservation conservation in a forest 5 mitigation bank of all or a part of certain existing forests as a standard for meeting 6 afforestation or reforestation requirements under the Forest Conservation Act; 7 defining the term “qualified preservation conservation” as it applies to the Forest 8 Conservation Act; altering the defined term “forest mitigation banking” as it applies 9 to the Forest Conservation Act to include the qualified preservation conservation of 10 forests for certain purposes; requiring the Harry R. Hughes Center for Agro–Ecology, 11 in consultation with the Department of Natural Resources, the Department of the 12 Environment, the Department of Planning, the Department of Agriculture, and the 13 Chesapeake Bay Program, to conduct a technical study to review changes in forest 14 cover and tree canopy in the State; providing for the scope of the technical study; 15 requiring the Harry R. Hughes Center for Agro–Ecology to submit a report of its 16 findings to the Governor and the General Assembly on or before a certain date; 17 providing for the termination of certain provisions of this Act; providing for the 18 application of this Act; stating a certain intent of the General Assembly; making 19 conforming changes and a stylistic change; and generally relating to the use of 20 qualified preservation conservation in a forest mitigation bank. 21 BY renumbering 22 Article – Natural Resources 23 Section 5–1601(gg) through (pp), respectively 24 to be Section 5–1601(hh) through (qq), respectively EXPLANATION: CAPITALS INDICATE MATTER ADDED TO EXISTING LAW. [Brackets] indicate matter deleted from existing law. Underlining indicates amendments to bill. Strike out indicates matter stricken from the bill by amendment or deleted from the law by amendment. *hb0991*160 2 HOUSE BILL 991 1 Annotated Code of Maryland 2 (2018 Replacement Volume and 2020 Supplement) 3 BY repealing and reenacting, without amendments, 4 Article – Natural Resources 5 Section 5–1601(a) and (b) and 5–1607(a) 6 Annotated Code of Maryland 7 (2018 Replacement Volume and 2020 Supplement) 8 BY repealing and reenacting, with amendments, 9 Article – Natural Resources 10 Section 5–1601(o), 5–1607(b), and 5–1610.1 11 Annotated Code of Maryland 12 (2018 Replacement Volume and 2020 Supplement) 13 BY adding to 14 Article – Natural Resources 15 Section 5–1601(gg) 16 Annotated Code of Maryland 17 (2018 Replacement Volume and 2020 Supplement) 18 BY repealing and reenacting, without amendments, 19 Article – Natural Resources 20 Section 5–1601(hh) 21 Annotated Code of Maryland 22 (2018 Replacement Volume and 2020 Supplement) 23 (As enacted by Section 1 of this Act) 24 SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 25 That Section(s) 5–1601(gg) through (pp), respectively, of Article – Natural Resources of the 26 Annotated Code of Maryland be renumbered to be Section(s) 5–1601(hh) through (qq), 27 respectively. 28 SECTION 2. AND BE IT FURTHER ENACTED, That the Laws of Maryland read 29 as follows: 30 Article – Natural Resources 31 5–1601. 32 (a) In this subtitle the following words have the meanings indicated. 33 (b) “Afforestation” means the establishment of a tree cover on an area from which 34 it has always or very long been absent, or the planting of open areas which are not presently 35 in forest cover. 161 HOUSE BILL 991 3 1 (o) “Forest mitigation banking” means the intentional restoration [or creation], 2 CREATION, OR QUALIFIED PRESERVATION CONSERVATION of forests undertaken 3 expressly for the purpose of providing credits for afforestation or reforestation 4 requirements with enhanced environmental benefits from future activities. 5 (GG) “QUALIFIED PRESERVATION CONSERVATION” MEANS THE 6 PRESERVATION CONSERVATION OF ALL OR A PART OF AN EXISTING FOREST THAT 7 IS: 8 (1) APPROVED BY THE APPROPRIATE STATE OR LOCAL FOREST 9 CONSERVATION PROGRAM FOR THE PURPOSE OF ESTABLISHING A FOREST 10 MITIGATION BANK; AND 11 (2) ENCUMBERED IN PERPETUITY BY A RESTRICTIVE EASEMENT, 12 COVENANT, OR ANOTHER SIMILAR MECHANISM RECORDED IN THE COUNTY LAND 13 RECORDS TO PRESERVE CONSERVE ITS CHARACTER AS A FOREST. 14 (hh) (1) “Reforestation” or “reforested” means the creation of a biological 15 community dominated by trees and other woody plants containing at least 100 trees per 16 acre with at least 50% of those trees having the potential of attaining a 2 inch or greater 17 diameter measured at 4.5 feet above the ground, within 7 years. 18 (2) “Reforestation” includes landscaping of areas under an approved 19 landscaping plan that establishes a forest that is at least 35 feet wide and covering 2,500 20 square feet of area. 21 (3) “Reforestation” for a linear project which involves overhead 22 transmission lines may consist of a biological community dominated by trees and woody 23 shrubs with no minimum height or diameter criteria. 24 5–1607. 25 (a) The preferred sequence for afforestation and reforestation shall be established 26 by the State or local authority in accordance with the following after all techniques for 27 retaining existing forest cover on–site have been exhausted: 28 (1) Those techniques that enhance existing forest and involve selective 29 clearing or supplemental planting on–site; 30 (2) On–site afforestation or reforestation may be utilized where the 31 retention options have been exhausted. In those cases, the method shall be selected in 32 accordance with subsection (b) of this section, and the location shall be selected in 33 accordance with subsection (d) of this section; 162 4 HOUSE BILL 991 1 (3) (i) Off–site afforestation or reforestation in the same watershed or 2 in accordance with an approved master plan may be utilized where the applicant has 3 demonstrated that no reasonable on–site alternative exists, or where: 4 1. Any on–site priority areas for afforestation or 5 reforestation have been planted in accordance with subsection (d) of this section; and 6 2. The applicant has justified to the satisfaction of the State 7 or local jurisdiction that environmental benefits associated with off–site afforestation or 8 reforestation would exceed those derived from on–site planting; 9 (ii) In these cases, the method shall be selected in accordance with 10 subsection (b) of this section, and the location shall be selected in accordance with 11 subsection (d) of this section; and 12 (iii) Off–site afforestation or reforestation may include the use of 13 forest mitigation banks which have been so designated in advance by the State or local 14 forest conservation program which is approved by the Department; and 15 (4) The State or local jurisdiction may allow an alternative sequence for a 16 specific project if necessary to achieve the objectives of a local jurisdiction’s land use plans 17 or policies or to take advantage of opportunities to consolidate forest conservation efforts. 18 (b) Standards for meeting afforestation or reforestation requirements shall be 19 established by the State or local program using one or more of the following methods: 20 (1) Forest creation in accordance with a forest conservation plan using one 21 or more of the following: 22 (i) Transplanted or nursery stock; 23 (ii) Whip and seedling stock; or 24 (iii) Natural regeneration where it can be shown to adequately meet 25 the objective of the forest conservation plan. 26 (2) THE USE OF QUALIFIED PRESERVATION CONSERVATION 27 COMPLETED IN A FOREST MITIGATION BANK, IN WHICH CASE, THE AFFORESTATION 28 OR REFORESTATION CREDIT GRANTED MAY NOT EXCEED 50% OF THE FOREST AREA 29 ENCUMBERED IN PERPETUITY. 30 (3) The use of street trees in a municipal corporation with a tree 31 management plan, in an existing population center designated in a county master plan that 32 has been adopted to conform with the Economic Growth, Resource Protection, and Planning 33 Act of 1992, or in any other designated area approved by the Department as part of a local 34 program, under criteria established by the local program, subject to the approval of the 35 Department, using: 163 HOUSE BILL 991 5 1 (i) Street trees as a permissible step in the priority sequence for 2 afforestation or reforestation and, based on a mature canopy coverage, may grant full credit 3 as a mitigation technique; and 4 (ii) Acquisition as a mitigation technique of an off–site protective 5 easement for existing forested areas not currently protected in perpetuity, in which case 6 the afforestation or reforestation credit granted may not exceed 50% of the area of forest 7 cover protected. 8 [(3)] (4) When all other options, both on–site and off–site, have been 9 exhausted, landscaping as a mitigation technique, conducted under an approved 10 landscaping plan that establishes a forest at least 35 feet wide and covering at least 2,500 11 square feet of area. 12 5–1610.1. 13 (a) The Department shall develop standards and adopt regulations for the 14 creation and use of forest mitigation banks, including criteria for tracking, crediting, 15 maintaining, bonding, and reporting mitigation bank activities. 16 (b) A local jurisdiction may develop procedures for establishing forest mitigation 17 banks as part of its forest conservation program. 18 (c) Mitigation banks may be [permitted] ALLOWED only in priority areas as 19 identified in § 5–1607(d) of this subtitle or as identified in a comprehensive plan adopted 20 by a local jurisdiction. 21 (d) The establishment of mitigation banks and their use may not alter the 22 sequence for retention, reforestation, or afforestation on a development site as outlined in 23 § 5–1607 of this subtitle. 24 (e) Criteria established by local or State programs for the use and establishment 25 of forest mitigation banks shall include protection and conservation in perpetuity of forest 26 mitigation banks consistent with reasonable management plans, through methods that 27 include easements, covenants, or similar mechanisms that shall be in place at the time 28 credits are withdrawn. 29 (f) This section may not be construed to require the Department or a local 30 jurisdiction to: 31 (1) Establish or fund State or local mitigation banks; 32 (2) Fund the establishment of forest mitigation banking by the private 33 sector; or 34 (3) Use State or local government land for forest mitigation banking. 164 6 HOUSE BILL 991 1 (g) (1) Credits in a mitigation bank may not be approved for debiting until 2 construction OR QUALIFIED PRESERVATION CONSERVATION of the mitigation bank is 3 complete. 4 (2) A mitigation bank THAT REQUIRES CONSTRUCTION shall maintain 5 sufficient credits in reserve to cover anticipated expenses of completion of the mitigation 6 bank. 7 SECTION 3. AND BE IT FURTHER ENACTED, That: 8 (a) (1) The Harry R. Hughes Center for Agro–Ecology, in consultation with the 9 Department of Natural Resources, the Department of the Environment, the Department of 10 Planning, the Department of Agriculture, and the Chesapeake Bay Program, as 11 appropriate, shall conduct a technical study to review changes in forest cover and tree 12 canopy in the State. 13 (2) The technical study required under paragraph (1) of this subsection 14 shall, to the extent practicable, include: 15 (i) a survey and mapping of: 16 1. existing forest cover and tree canopy in the State; and 17 2. potential afforestation and reforestation locations in the 18 State; 19 (ii) an analysis of the health and quality of forests in the State; 20 (iii) an analysis of the progress toward the State’s commitments to 21 expand urban tree canopy acres and plant riparian forest buffers under the 2014 22 Chesapeake Bay Agreement; 23 (iv) an analysis of observed and projected changes in land cover and 24 the amount of forest cover in the State due to development or other causes, using the 25 Chesapeake Bay Phase 6 Model, Chesapeake Assessment Scenario Tool (CAST), and county 26 and municipal forest conservation annual reports and land use plans, including the extent 27 and nature of: 28 1. mitigation activities involving existing forest conserved, 29 tree planting, reforestation, or afforestation under the Forest Conservation Act; 30 2. forest clearing, planting, and mitigation activity inside 31 and outside priority funding areas and locally designated growth areas; and 32 3. the clearing and mitigation of forest considered to be a 33 priority for retention and protection under § 5–1607(c) of the Natural Resources Article and 165 HOUSE BILL 991 7 1 in State–identified targeted ecological areas and greenways, hubs, and corridors and the 2 zoned density and sewer status of those areas; 3 (v) an analysis of observed and projected changes in the amount of 4 forest cover in the State based on: 5 1. relevant State or local programs involving tree planting, 6 reforestation, or afforestation; and 7 2. the amount of forest preserved through federal, State, and 8 local programs, including agricultural preservation, open space, conservation easement, 9 and other land preservation programs; 10 (vi) a review of forest mitigation banking in the State, including: 11 1. capacity and location of active banks; 12 2. regulation of siting and creation of new banks; 13 3. geographic limitations on the use of mitigation banks; 14 4. the relationship between fee–in–lieu rates under the 15 Forest Conservation Act and the market for forest mitigation banks; and 16 5. whether expanding the use of forest mitigation banks 17 could provide water quality improvements and other beneficial results; and 18 (vii) a programmatic and funding review of federal, State, and local 19 tree and forest planting programs such as: 20 1. Marylanders Plant Trees; 21 2. Lawn to Woodland; 22 3. Backyard Buffers; 23 4. Conservation Reserve Enhance Program; and 24 5. other programs used to further TMDL Watershed 25 Implementation Plans and MS4 permit compliance. 26 (b) On or before December 1, 2023, the Harry R. Hughes Center for Agro–Ecology 27 shall submit a report of the findings of the technical study required under subsection (a) of 28 this section to the Governor and, in accordance with § 2–1257 of the State Government 29 Article, the General Assembly. 30 SECTION 4. AND BE IT FURTHER ENACTED, That: 166 8 HOUSE BILL 991 1 (a) Subject to subsection (b) of this section, this Act shall be construed to apply 2 retroactively and shall be applied to and interpreted to affect any qualified conservation 3 completed, and any resulting afforestation or reforestation credits given, to the extent they 4 were approved in good faith under a State or local program as a forest mitigation bank 5 before the effective date of this Act. 6 (b) Nothing in this section requires a State or local program to reevaluate or alter 7 any of its final determinations related to the granting or denial of afforestation or 8 reforestation credits for qualified conservation made before the effective date of this Act. 9 SECTION 5. AND BE IT FURTHER ENACTED, That it is the intent of the General 10 Assembly to review the findings in the technical study on changes in forest cover and tree 11 canopy in Maryland required under Section 3 of this Act and, based on the findings, to 12 consider any legislative or other changes necessary to improve the implementation and 13 effectiveness of the Forest Conservation Act, including any changes to the forest mitigation 14 banking program in the State. 15 SECTION 3. 6. AND BE IT FURTHER ENACTED, That this Act shall take effect 16 October June 1, 2021. Section 3 of this Act shall remain effective for a period of 3 years and, 17 at the end of May 31, 2024, Section 3 of this Act, with no further action required by the 18 General Assembly, shall be abrogated and of no further force and effect. Approved: ______Governor. ______Speaker of the House of Delegates. ______President of the Senate. 167