TUESDAY, APRIL 10, 2018 CITY OF COLLEGE PARK

COUNCIL CHAMBERS

7:30 P.M. MAYOR AND COUNCIL REGULAR MEETING

AGENDA

COLLEGE PARK MISSION STATEMENT The City Of College Park Provides Open And Effective Governance And Excellent

Services That Enhance The Quality Of Life In Our Community.

1. MEDITATION

2. PLEDGE OF ALLEGIANCE: Led by Councilmember Brennan

3. ROLL CALL

4. ANNOUNCEMENTS

5. CITY MANAGER’S REPORT

6. ACKNOWLEDGMENTS

7. PROCLAMATIONS AND AWARDS

8. AMENDMENTS TO AND APPROVAL OF THE AGENDA

9. PUBLIC COMMENT ON CONSENT AGENDA AND NON-AGENDA ITEMS - Speakers

are asked to provide their name and address for the record, and are given three minutes to address the Council.

10. PRESENTATIONS

11. PUBLIC HEARINGS

12. CONSENT AGENDA - Note: Consent Agenda items are routine items of business that are collectively

presented for approval through a single motion. A Councilmember may request that an item be pulled from the Consent Agenda and placed under Action Items for separate discussion and action.

18-G-57 Approval of minutes from the March 20, 2018 Worksession and the March 27, 2018 Regular Meeting

Motion By: To: Second: Aye: Nay: Other:

18-G-60 Approval of a change order to the contract with KIPP Visual Systems, Inc. for upgraded cameras in Davis Hall, and authorize an additional payment to KIPP in the amount of $3,162.44.

003

18-G-62 Authorize the City Manager to sign and execute any and all documents associated with Community Development Block Grant (CDBG) agreements for grants that have been approved by the Council, including but not limited to applications, operating agreements and amendments

13. ACTION ITEMS

18-G-59 Auditor selection for FY ‘18 – FY ’21 - Gary Fields, Director of Finance

Motion By: To: Second: Aye: Nay: Other:

18-G-61 Approval of the PY 43 Community Development Block Grant (CDBG) Agreement for Old Town Sidewalks

Motion By: To: Second: Aye: Nay: Other:

18-G-63 Approval of a grant application to the National Institute of Standards and Technology (NIST), in partnership with the UMD Maryland Fire and Rescue Institute, to study interior building mapping

Motion By: To: Second: Aye: Nay: Other:

18-CR-02 Introduction of Charter Amendment 18-CR-02, A Charter Resolution Of The Mayor And Council Of The City Of College Park, To Repeal And Re-Enact City Of College Park Charter Sections, Thereby Amending Section C2–1 Corporate Limits, § C3-1 Elected City Officers, § C3-3 Oath Of Office, §C3-4 Compensation, § C3-6 Vacancies, § C3-7 Assumption Of Duties, § C4-4 Other Election Officials, § C6-1 General Provisions, § C6-2 Quorum, § C7-9 Refuse Collection And Disposal Service, § C8-2 Passage, § C9-2, Bonds, § C9-3 City Manager, § C10-3 City Council Action On Budget, § C10-4, Form Of Budget Appropriation And Revenue Ordinance, § C10-5, Amendments To Budget After Adoption, § C10-8 Submission Of Capital Improvement Program; Contents, § C11-4, Special Assessments, § C11-5 Special Taxing Districts, § C13-3 Establishment Of Agency, And § C13-4 Initiation Of Project, To Clarify That The Mayor And Council Are The Legislative Body Of The City And That The Legislative Powers Of The City Are Exercised By The Mayor And Council, To Clarify Quorum And Voting Requirements, To Clarify The Voting Rights Of The Mayor, And To Make Conforming Changes The Public Hearing will be April 24, 2018 at 7:30 p.m. in the Council Chambers

Motion By: Rigg To: Introduce Second:

004

18-G-64 Appointments to Boards and Committees Motion By: To: Second: Aye: Nay: Other:

14. MAYOR AND COUNCILMEMBER REPORTS/COMMENTS

15. STUDENT LIAISON’S REPORT/COMMENTS

16. CITY MANAGER’S REPORT/COMMENTS

17. GENERAL COMMENTS FROM THE AUDIENCE

18. ADJOURN

INFORMATION REPORT

1. Weekly Legislative Report -- Len Lucchi and Eddie Pounds, O’Malley, Miles, Nylen & Gilmore, P.A.

➢ 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.

005

18-G-57

Minutes

006

WORKSESSION MINUTES

College Park City Council

Tuesday, March 20, 2018

Council Chambers

7:30 – 10:14 p.m.

PRESENT: Mayor Wojahn; Councilmembers Kabir, Brennan, Dennis, Day, Rigg,

Kujawa and Mitchell.

ABSENT: Councilmember Kennedy.

ALSO PRESENT: Scott Somers, City Manager; Bill Gardiner, Assistant City Manager;

Janeen Miller, City Clerk; Suellen Ferguson, City Attorney; Bob Ryan,

Director of Public Services; Ryna Quiñones, Communications

Coordinator; Julianne Heberlein, Deputy Student Liaison.

CITY MANAGER’S REPORT: Mr. Somers reported on the upcoming temporary loss of 250

spaces at the College Park Metro garage; Bike to Work Day on May 18; the opening of Vigilante

Coffee; the Brunch with the Bunny and Spring Egg Hunt events; and Good Neighbor Day.

AMENDMENT TO/APPROVAL OF THE AGENDA: The agenda was approved without

amendment (Dennis/Day) 7-0-0.

DISCUSSION ITEMS:

1 Discussion of City Banners: Ms. Quiñones reviewed the staff report and discussed the

preliminary plans for City banners. Certain poles will have to be replaced to support the weight

of the banners. There is some funding in the current budget to replace some poles as needed, but

no funding in FY ’19 for widespread replacement/purchase. Council raised the following:

include the images on our website with more information on what the banner depicts; include

banners on the Trolley Trail at City entrances; concern that some of the text will not be visible;

add Metzerott as you enter the City; clarify which poles are existing, which need to be replaced,

and which still need to be installed; notify each community as their banners are being installed.

2 Discussion of College Park Day: Ms. Quiñones and Mr. Gardiner reviewed operational

changes: there will be a new event coordinator this year, who will report to Ms. Quiñones.

Interest in promoting the City’s goals of Live CP, Eat CP, Shop CP; adding shuttle service,

especially for senior residents to attend; charging a small fee for vendors who are making a

profit; concentrating family events in one zone; providing way-finding from the Trolley Trail.

Ask the “Committee on Committees” to review the need for a planning committee. OK to cut

back on sponsors so as not to dilute that this is a City event, but don’t cut back on advertising. A

concern was expressed by some vendors last year that they didn’t get any foot traffic –

reconsider the layout.

3 Discussion of revisions to Council Rules and Procedures, including a discussion of

how to differentiate Council communication: Mr. Somers said this is a follow up to the

February 20 Worksession and that new revisions are in yellow highlight. Discussion–

• Audience comments and public hearings are not the time for a back-and-forth with the

audience; it is a time for Council to hear comment

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College Park City Council March 20, 2018 Worksession Minutes

Page 2

• Whether a Councilmember has to give a reason for an abstention – requiring a reason was

based on a straw poll of Council

• Decision to ask only whether the member of the public is a resident of the City, rather

than requiring their address, due to privacy concerns. The comment material in the back

of the room will be changed to reflect this.

• These are Council’s rules and Council may always suspend the rules by majority vote

• Use of City seal in Councilmember communications: The City can’t copyright the City

Seal or Flag, and by extension can’t prevent someone from using the City Seal – it is a

First Amendment issue. However, adding the City Seal to Councilmember

communication might give the impression that the communication is from the City.

Elected officials should use an attribution statement clarifying that the communication is

their own, and reference the official City information where possible.

Councilmember Dennis to agenda.

4 Review of state/county legislation:

• Small cell regulation bill is likely to die

• State received a 30-day extension on Opportunity Zones

• The HUR bill passed the Senate; not complete restoration of funds, but close

• Request for status of HB 672

5 Requests For/Status of Future Agenda items: Discussion of removing items from the

Master List in anticipation of the adoption next week of the Council Rules and Procedures.

Councilmembers are asked to send a justification for their items by Friday or they will be cut.

6 Mayor and Councilmember Comments: Several closings/cancellations were announced

due to impending inclement weather. The US 1 sidewalk between Albion Road and Riverdale

Park Station is now open. Selection of the Student Liaison Subcommittee: Mayor Wojahn,

Councilmember Day and Councilmember Kujawa; application deadline is April 15. Temporary

hold on reappointments to Boards and Committees until the Committee on Committees has

reported back to Council.

7 City Manager's Comments: Public Works snow preparations.

ADJOURN: A motion was made by Councilmember Rigg and seconded by

Councilmember Brennan to adjourn the Worksession. With a vote of 7-0-0, Mayor

Wojahn adjourned the Worksession at 10:14 p.m.

____________________________________________

Janeen S. Miller, CMC Date

City Clerk Approved

008

MINUTES

Regular Meeting of the College Park City Council

Tuesday, March 27, 2018

Council Chambers

7:30 p.m. – 9:12 p.m.

PRESENT: Mayor Wojahn; Councilmembers Kabir, Kennedy, Brennan, Dennis, Day

(arrived at 7:52 p.m.), Rigg, and Kujawa.

ABSENT: Councilmember Mitchell.

ALSO PRESENT: Scott Somers, City Manager; Bill Gardiner, Assistant City Manager;

Janeen Miller, City Clerk; Suellen Ferguson, City Attorney; Bob Ryan,

Director of Public Services; Terry Schum, Director of Planning; Steve

Halpern, City Engineer; Jill Clements, Director of Human Resources;

Chris Keosian, Student Liaison.

Mayor Wojahn opened the Regular Meeting at 7:30 p.m.

ANNOUNCEMENTS:

Councilmember Kabir announced the Budget Town Hall for Districts 1 and 4, and the Sunnyside

neighborhood meeting.

Councilmember Kennedy discussed the Brunch With The Bunny event.

Councilmember Dennis announced Coffee Club.

Councilmember Rigg said the District 3 meeting with County DPW&T re Campus Drive will be

rescheduled.

Councilmember Kujawa discussed the 3rd Annual Seniors Art Show and the District 4 Meet &

Greet.

CITY MANAGER’S REPORT: Mr. Somers announced that the Public Works Yard will be

open Saturdays in April for spring cleanup; Bike To Work Day is May 18; the City received the

Distinguished Budget Presentation award from GFOA; Good Neighbor Day is Saturday April 7.

PROCLAMATION: Mayor Wojahn read the Proclamation for “Woman’s History Month.”

AMENDMENTS TO AND APPROVAL OF THE AGENDA: Item 18-G-52 was moved to

the Consent Agenda (Rigg/Brennan 6-0-0). The amended agenda was approved (Brennan/Rigg)

6-0-0.

PUBLIC COMMENT ON CONSENT AND NON-AGENDA ITEMS:

Sarah D’Alexander, UMD Office of Community Engagement: Discussed the 7th annual

Good Neighbor Day event on Saturday, April 7.

Robert Kidwell, 1005 Nora Drive, Silver Spring: Provided Council with an update on the

Howard Lane project: 3 of the 7 lots have been purchased.

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College Park City Council Meeting Minutes

March 27, 2018

Page 2

Dave Dorsch, 4607 Calvert Road: What is the status of the recycling container sticker project;

the City should connect Rhode Island Avenue to Campus Drive; City surveillance cameras are

not well-maintained and we shouldn’t pay the University to monitor them.

PRESENTATIONS:

A. Metropolitan Washington Council of Governments – Chuck Bean, Executive Director:

Reviewed PowerPoint.

B. Maryland Milestones / Anacostia Trails Heritage Area – Aaron Marcavitch, Executive

Director: Reviewed accomplishments and upcoming projects.

PUBLIC HEARINGS:

A. Public Hearing Petition Request for Traffic Calming on Albion Road between US 1 and

Rhode Island Avenue:

Mr. Halpern reviewed the results of the traffic study: the speed warrant was met but the

traffic volume warrant was not met.

Mayor Wojahn invited public comment:

Paul Marchione, Albion Road: Spoke in favor of traffic calming. The petition request was

signed by all the owner-occupants except one; there is a lot of cut-through traffic; the

surrounding streets have speed bumps; there are a lot of children and no sidewalks.

Mayor Wojahn called attention to the written comment in the red folder. There being no

further public comment, he closed the Public Hearing at 8:26 p.m.

CONSENT AGENDA: A motion was made by Councilmember Kennedy and seconded by

Councilmember Day to adopt the Consent Agenda, which consisted of the following:

18-R-03 Resolution Of The Mayor And Council Of The City Of College Park

Adopting The Recommendation Of The Advisory Planning Commission

Regarding Variance Application Number CPV-2017-12, 4714 Howard Lane,

College Park, Maryland, Recommending Approval Of A Variance Up To

11% From The Prince George’s County Zoning Ordinance Sec. 27-442 (C)

Table II, Which Prescribes A Maximum Lot Coverage Of 30 Percent In The

R-55 Zone In Order To Construct A House, Driveway And Detached

Garage.

18-R-04 Resolution Of The Mayor And Council Of The City Of College Park

Adopting The Recommendation Of The Advisory Planning Commission

Regarding Variance Application Number CPV-2018-01, 9036 48th Place,

College Park, Maryland, Recommending Approval Of A Variance From

Section 27-120.01 (C) Of The Prince George’s County Zoning Ordinance,

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College Park City Council Meeting Minutes

March 27, 2018

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“Front Yards Of Dwellings,” To Allow A 5.5-Foot By 25-Foot Driveway

Encroachment In The Front Of The Dwelling.

18-G-50 Approval of Minutes from the February 20, 2018 Worksession; the March 6,

2018 Worksession; the March 6, 2018 Special Session; and the March 13,

2018 Regular Meeting.

18-G-52 Award of FY 2019 insurance contracts as follows: for health insurance to

LGIT Health, for dental insurance to MetLife and Dominion Dental, for

workers’ compensation insurance to Chesapeake Employers Insurance

Company, and for property and liability insurances to Local Government

Insurance Trust

The motion carried 7-0-0.

ACTION ITEMS:

18-G-51 Council action on petition request for traffic calming on Albion Road between

US 1 and Rhode Island Avenue

A motion was made by Councilmember Rigg and seconded by Councilmember Day to

approve the installation of traffic calming devices on Albion Road, to be located at the

discretion of the City Engineer.

A Public Hearing was held earlier this evening. There were no comments from the Council.

The motion passed 7 – 0 – 0.

18-G-54 Approval of revisions to Rules and Procedures for the Mayor and City

Council of College Park

A motion was made by Councilmember Dennis and seconded by Councilmember Rigg to

approve the Rules and Procedures of the Mayor and Council of the City of College Park as

revised.

There were no comments from the audience or from the Council.

The motion passed 7 – 0 – 0.

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College Park City Council Meeting Minutes

March 27, 2018

Page 4

18-G-53 Approval of a contract with Accela, subject to approval of the City Attorney,

for CRM and land management software

Mr. Gardiner reviewed the staff report: When this came before Council in January, staff

received direction to negotiate with another company, Superion. As those negotiations

proceeded, we discovered that the functionality and connectivity was not what we hoped, and the

cost increased by $200,000. We then looked at the second vendor we had considered, Accela,

and began negotiations. We haven’t finalized all the details yet, but this product seems to give

us all of the functionality we need. The 10-year cost estimate is $850,000. The deployment is

expected to take 8 months, including training and data migration. This does not include the

finance software, but that could be added later. This software will allow residents to report

issues/complaints via smartphone.

A motion was made by Councilmember Rigg and seconded by Councilmember Day to

authorize the City Manager to sign contracts, in a form to be approved by the City

Attorney, with Accela, for land management and CRM software, and with zedIT to

implement the software and provide training.

Comments from the audience:

Oscar Gregory, 9253 Limestone Place: The City should use NextDoor which is a free service

and spend this money in our neighborhoods instead.

There were no comments from the Council.

The motion passed 7 – 0 – 0.

18-G-49 Approval of an amendment to the contract with Hitachi Vantara Corporation

to provide necessary modifications to the City’s Wireless Security Camera

System in Old Town, subject to review by the City Attorney

Mr. Ryan reviewed the staff report. This is a necessary due to the impending demolition of the

Quality Inn, which currently has surveillance equipment located on the roof. This project should

improve signal strength and stabilize our system.

Council wants to understand and evaluate whether there is any value to the live monitoring of

our surveillance cameras.

A motion was made by Councilmember Day and seconded by Councilmember Rigg to

approve an amendment to a contract with Hitachi Vantara Corporation not to exceed

$75,000 to provide necessary modifications to the City’s Wireless Security Camera System

in Old Town/Calvert Hills, subject to review and approval by the City Attorney.

There were no comments from the audience or the Council.

The motion passed 7 -0 – 0.

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College Park City Council Meeting Minutes

March 27, 2018

Page 5

STUDENT LIAISON COMMENTS: Mr. Keosian discussed the Route 1 Rampage bike race

through Old Town on April 15. The Student Liaison application is posted; the deadline is April

15.

GENERAL COMMENTS FROM THE AUDIENCE:

Oscar Gregory, 9253 Limestone Place: The upcoming budget should fund repairs to our

failing infrastructure; gas leaks water main breaks are not getting better, yet Council thinks it is

OK to give a free ride to developers.

ADJOURN: A motion was made by Councilmember Brennan and seconded by

Councilmember Rigg to adjourn into a Closed Session to consult with Counsel on a legal

matter; to consult with staff about a matter of pending or potential litigation; and to

discuss a personnel matter. With a vote of 7-0-0, Mayor Wojahn adjourned the Regular

Meeting at 9:12 p.m.

____________________________________________

Janeen S. Miller, CMC Date

City Clerk Approved

Pursuant to §C6-3 of the College Park City Charter, at 9:12 p.m. on Tuesday, March 27, 2018, a

motion was made by Councilmember Brennan and seconded by Councilmember Rigg to enter

into a Closed Session to consult with Counsel on a legal matter; to consult with staff about a

matter of pending or potential litigation; and to discuss a personnel matter. The motion passed 7

– 0 – 0, and after a brief recess, the Council entered into Closed Session at 9:20 p.m.

Present: Mayor Wojahn; Councilmembers Kabir, Kennedy, Brennan, Dennis, Day, Rigg,

and Kujawa.

Absent: Councilmember Mitchell.

Also Present: Scott Somers, City Manager; Bill Gardiner, Assistant City Manager; Suellen

Ferguson, City Attorney; Janeen Miller, City Clerk; Chris Keosian, Student

Liaison. Bob Ryan was present for Topic 1.

Topic Discussed:

1. The City Attorney and City staff briefed the Council about a matter of pending litigation

in which the City is participating.

2. The City Council received legal advice on ways to move forward with the Charter

Amendments.

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College Park City Council Meeting Minutes

March 27, 2018

Page 6

Action Taken:

None.

Adjourn: A motion was made by Councilmember Brennan and seconded by Councilmember

Kujawa to adjourn the closed session, and with a vote of 7 – 0 – 0, Mayor Wojahn adjourned the

closed session at 10:36 p.m.

014

18-G-60

KIPP Visual Systems, Inc.

015

CITY OF COLLEGE PARK, MARYLAND REGULAR COUNCIL MEETING AGENDA ITEM

AGENDA ITEM NUMBER 18-G-60

Prepared By: Bill Gardiner Meeting Date: April 10, 2018 Assistant City Manager Presented By: Bill Gardiner Consent Agenda: Yes Assistant City Manager

Originating Department: Administration / Information Technology

Action Requested: Council approval of a change order to the contract with KIPP Visual Systems, Inc. for upgraded cameras in Davis Hall, and authorize an additional payment to KIPP in the amount of $3,162.84

Strategic Plan Goal: Goal 6: Excellent Services

Background/Justification: In February Council authorized the award of a contract with KIPP Visual Systems, Inc. in the amount of $37,091.71 for the purchase and installation of specific audio-visual equipment in Davis Hall. Staff determined that the proposed cameras were not true high-definition and requested a proposal for higher quality cameras. The proposal is attached.

Fiscal Impact: This project will be primarily funded using the City’s Institutional Network/PEG funds. These funds are essentially franchise fees the City receives and must be used for equipment connected to the City’s network. The FY18 Budget also includes $24,000 in the Capital Projects Fund for this project, which is more than sufficient to cover costs not eligible to be paid with PEG funds.

Council Options: #1. Approve the change order and authorize the payment to KIPP Visual Systems, Inc. an additional

$3,162.84. #2. Decline the camera upgrade.

Staff Recommendation: #1

Recommended Motion: I move to authorize the change order with KIPP Visual Systems, Inc. in the amount of $3,162.84 for the purchase and installation of two high-definition cameras as part of the Davis Hall audio-visual installation project.

Attachments: 1. KIPP Visual Systems, Inc. change order dated 3/16/18

016

3/16/2018* * Proposal * *

Davis Bldg Additions

City of College Park

Sarah Price

4500 Knox Road

College Park, MD 20740

Fax: 301-865-8941Tel: 240-487-3529

Kipp Visual Systems, Inc.

3920 Vero Road, Suite C

Baltimore, MD 21227

410-235-9900 Fx 410-235-7122

Job Number 7398

Presented by: Mike Levin

ExtendedUnit PriceDescriptionQtyMfr-Part No.

Upgrade to Hi Definition cameras

Upgrade to Sony SRG-120DH HD cameras 1,269.232 2,538.46

HDMI to Component Converter KAHDRGBRL 84.292 168.58

Total for HD upgrade 2,707.04

Addition of 2nd projector

HDMI 2.0 SWITCHER 3X1 W/ 4K 71.65KP-SWHD203 1 71.65

1X2 SPLITTER 4K@60HZ/ 83.250E-HDMISP1X2 1 83.25

3 FT HDMI V1.4 CABLE W/ ETH 5.820E-HDMI03 2 11.64

6 FT HDMI V1.4 CABLE W/ ETH 8.320E-HDMI06 4 33.28

35 FT HDMI V1.4 CABLE W/ ETH 39.980E-HDMI35 1 39.98

installation 216.00

Total for adding 2nd projector input 455.80

Kipp will upgrade the existing standard def cameras to Hi Def and will add a second input to the existing Projector

50% Deposit required with order.

This * * Proposal * * is Valid for 45 Days.

$3,162.84 Project Total:

Acceptance document, basic warranty and project terms & conditions are located on the last two pages of this proposal.

3/16/2018 Page 1 of 3Kipp Visual Systems, Inc. Project: 7398 017

ExtendedUnit PriceDescriptionQtyMfr-Part No.

Acceptance Document

1. Any and all deposits paid shall be non-refundable.

2. Any cancellations or returned products shall be subject to a 25% re-stocking fee, plus freight, due upon cancellation or

return.

3. This proposal and all accompanying materials, and the original information, designs, concepts and ideas represented

herein are the exclusive intellectual property of Kipp Visual Systems , Inc. and may not be reproduced or copied in any

manner without the written consent of KVS

4. Any change orders shall be accompanied by a purchase order from the client which shall modify this scope of work and

proposal cost.

5. Use of the products and/or services, or any portion thereof, provided by Kipp for a period of ten (10) days constitutes

acceptance of same as complying with all terms and specifications of the agreement between the parties. All claims not

received in writing from client within such period are thereby waived.

6. Client shall promptly pay Kipp all amounts due within thirty (30) days from the completion date of project.

7. In the event client fails to pay all amounts due within the period agreed upon in the preceding paragraph, the client will

be subject to late charges equal to 1 ½ % per month on all unpaid balances.

8. In addition, in the event Kipp must collect unpaid amounts from the client, the client shall be liable for all collection

costs, including, without limitation, interest, attorney’s fees and court costs incurred by Kipp.

9. Should the installation be delayed by no fault of KVS, the client is responsible for any additional costs incurred.

10. Unless expressly stated otherwise herein, all electrical/building permits or building code variance required by your local

jurisdiction are the responsibility of the facility owner or their representative.

11. Unless expressly stated otherwise herein, all electrical and conduit installation is outside of KVS's area of expertise. You

should contract with your usual vendor for these services. KVS will gladly help coordinate with your electrical contractor

any aspect of this project which requires their services.

12. On rare occasions where modification of a finished surface is required, KVS does NOT provide finish patching or

painting services; therefore these services should be arranged directly between you and your provider of choice.

13. Audio visual and security hardware is becoming more and more dependent on networking and computer resources.

KVS will install only that data cable which is required exclusively for the use of the devices noted in this project. (Please

review the project scope for additional inclusions and exclusions.) Where applicable for the function of the devices in

your system, we will request IP addresses or WiFi connection information. KVS will work with your IT/IS deptartment

when required, however the KVS warranty does not include any hardware that is provided by the customer.

14. Your issuance of a purchase order constitutes agreement to the terms and conditions listed hereon .

15. Payments made by credit card will be assessed a 2% surcharge.

Client hereby agrees to the following terms and conditions as of the proposal dated 3/16/2018

from Kipp Visual Systems, Inc (KVS):

All systems installed by KVS includes a 90 day, on-site complete system warranty. If any aspect of the system is not

operating properly, (other than for reasons due to Client's actions or inactions), KVS will dispatch a technician to your facility

to troubleshoot and repair the problem. However this warranty does NOT include service time which is not within regular

business hours or weekends but KVS will make all reasonable attempts to respond to every call within forty-eight (48)

business hours. Telephone support is available during normal business hours and extended service contracts are available .

Consumable items (such as lamps and batteries) and normal wear (such as Image retention, burn-in or LCD fading) are not

covered by this warranty. This warranty does not cover problems caused by improper use or abuse.

Beyond this 90 day warranty, most equipment carries a separate manufacturer warranty which may cover many years.

However, during the period of the manufacturer warranty, shipping, labor time for KVS, any loaner rental and similar charges

may not be covered. You should carefully review any and each manufacturer documents for complete details .

Basic Warranty:

3/16/2018 Page 2 of 3Kipp Visual Systems, Inc. Project: 7398 018

ExtendedUnit PriceDescriptionQtyMfr-Part No.

Agreed and accepted by: KIPP Visual Systems:

Client:

___________________________ ______________________________

Signature Signature

___________________________ ______________________________

Printed Name Printed Name

___________________________

Company

___________________________

Title

___________________________

Date

Kipp Visual Systems, Inc.

3920 Vero Road, Suite C

Baltimore, MD 21227

410-235-9900 Fx 410-235-7122

A deposit may be required at time of order, balance on work completion is required. Quotes do not include applicable taxes

or additional applicable freight. This * * Proposal * * is Valid for 45 Days. All electrical connections are the responsibility of

the owner unless specified in the scope of work and are not included in the quotation. Customer shall be responsible for any

data communications paths, IP addresses and telephone connectivity relating to this project including all startup and

recurring cost.

All equipment provided will be covered by standard manufacturer’s warranties . The warranty does not cover any pre-existing

equipment incorporated into the project. The preceding is the sole warranty and no other expressed or implied warranties,

including the warranty of merchantability or fitness for a purpose are granted. Extended service agreements are available at

additional charge.

Terms and Conditions:

3/16/2018 Page 3 of 3Kipp Visual Systems, Inc. Project: 7398 019

18-G-62

Authorize the City Manager

to sign and execute any and

all documents associated

with Community

Development Block Grant

(CDBG) agreements

020

CITY OF COLLEGE PARK, MARYLAND REGULAR COUNCIL MEETING AGENDA ITEM

AGENDA ITEM NUMBER 18-G-62

Prepared By: Scott Somers, City Manager Meeting Date: April 10, 2018 Presented By: Scott Somers, City Manager Consent Agenda: Yes

Originating Department: City Manager's Office

Action Requested: Authorize the City Manager to sign and execute any and all documents associated with Community Development Block Grant (CDBG) agreements for grants that have been approved by the Council, including but not limited to applications, operating agreements and amendments.

Strategic Plan Goal: Goal 5: Excellent Services

Background/Justification: On January 6, 2012, all municipalities in Prince George’s County received a directive from Prince George’s County that any municipality receiving CDBG program funds must identify the name and title of the public official who is authorized to executive CDBG operating agreements and to attach supporting documentation to that effect. Please see attached for detailed information. Since 2012, the City Attorney provides the required legal certificate that attests that the Mayor (as the public official) is vested with the power and authority to execute the CDBG agreement, and motion 12-G-06 is attached as the proof of that authority since it states that the Mayor can sign any and all CDBG documents that have been approved by the Council. The City Clerk certifies both motion 12-G-06, and the motion where Council approves the specific application. Authorizing the City Manager to sign Council-approved CDBG applications, agreements and related documentation would be easier and more efficient from an administrative point of view.

Fiscal Impact: No fiscal impact.

Council Options: 1. Authorize the City Manager to sign and execute any and all documents associated with Community

Development Block Grant (CDBG) agreements for grants that have been approved by the Council, including but not limited to applications, operating agreements and amendments.

2. Retain the existing policy that requires the Mayor to sign and execute any and all documents required for the Community Development Block Grant (CDBG) program for grants that have been approved by the Council, including but not limited to applications, operating agreements and amendments.

Staff Recommendation: Option #1

Recommended Motion: I hereby move that the City Council authorize the City Manager to sign and execute any and all documents associated with Community Development Block Grant (CDBG) agreements for grants that have been approved by the Council, including but not limited to applications, operating agreements and amendments

Attachments: 1. Correspondence from Prince George’s County regarding CDBG requirements.

021

022

• Motion 12-G-06

•

•

Motion to Authorize the Mayor to sign CDBG documents on behalf of the City:

I hereby move that the City Council authorize the Mayor to sign and execute any

and all documents required for the Community Development Block Grant

(CDBG) program for grants that have been approved by the Council, including but not limited to applications, operating agreements and amendments, and

that his execution of the PY37 CDBG Operating Agree '!lent on behalf of the City

of College Park be and it is hereby ratified .

023

Dorothy Friedman

From: Sent:

Curtis, Lorraine E. [LECurtis@co.pg.md.us] Friday, January 06, 2012 12:39 PM • To:

Subject: Attachments:

Terry Schum; Dorothy Friedman FW: CDBG PY37 Municipality Requirement (URGENT) CERTIFICATE OF AUTHORITY _2012.docx

To ALL Municipalities receiving PY37 CDBG Funds:

Per the advisement of the County's Administrative Review Committee (ARC), the attached Certificate of Authority must be completed for entities that are classified and/or recognized as municipalities or other instrumentalities of government. Notably, this document requires the principal legal officer for the identified government entity (such as the Town Clerk) to provide a notarized certification (attached), which identifies the name and title of the public official (such as the Mayor) who is authorized to execute the PY37 CDBG Operating Agreement, and attach supporting documentation that that evidences said authorized powers (such as the charter citation, resolution ore Executive Order). A completed sample of the document is on page 2 of the attachment for your convenience.

Please complete and submit this documentation to me ASAP so the ARC can continue to process and approve your municipality's PY37 CDBG Operating Agreement.

If you require additional assistance, please contact me at your earliest convenience.

Lorraine Curtis 9400 Peppercorn Place ·

Suite 120 Largo, Maryland 20774

301-883-5572 (Office) 301-925-4147 (Fax)

• This E-mail and any of its attachments may contain Prince George's County Government or Prince George's County 7th Judicial Circuit Court proprietary information or Protected Health Information, which is privileged and confidential. This E-mail is intended solely for the use of the individual or entity to which it is addressed. If you are not the intended recipient of this E-mail, you are hereby notified that any dissemination, distribution, copying, or action taken in relation to the contents of and attachments to tltis E-mail is strictly prohibited by federal law and may expose you to civil and/or criminal penalties. If you have received this E-mail in error, please notify the sender immediately and permanently delete the original and any copy of tltis E-mail and any printout.

•

024

•

•

•

CERTIFICATE

I, Janeen S. Miller, City Clerk of the City of College Park, Maryland, do hereby certify under penalties of perjury that motion 12-G-06 as shown below was unanimously approved by a vote of 8-0-0 by the College Park City Council at their meeting on January 10,2012

,j~ s. /f-1,·/h Janeen S. Miller, City Clerk January 12, 2012

Motion 12-G-06

I hereby move that the City Council authorize the Mayor to sign and execute any and all documents required for the Community Development Block Grant (CDBG) program for grants that have been approved by the Council, including but not limited to applications,· operating agreements and amendments, and that his execution of the PY37 CDBG Operating Agreement on behalf of the City of College Park be and it is hereby ratified .

025

•

•

CERTIFICATE OF AUTHORITY

.1. Suellen M. Ferguson, Esq., hereby certify on this 12th day of January, 2012 that I am the principal legal officer for the City of College Park, a legally constituted public body with full authority and legal capability to perform the terms of the PY37 CDBG Operating Agreement and that Andrew M. Fellows, Mayor, is vested with the power and authority to execute the PY37 CDBG Operating Agreement between Prince George's County, Maryland and the City of College Park pursuant to Motion 12-G-06 which is attached hereto in pertinent part as Exhibit A.

Suellen M. Ferguson, City Attorney

STATE OF MARYLAND

COUNTY OF --gi'\Ck ~ogrc..s :to wit:

I hereby certify that on this \ 2.. day of SM~ , 2012, before me, ~(;..i:'(~~ ~0-j- 'R.1.z.uh , the under5igll; Notary Public, personally

appeared Suellen M. Ferguson who signed the foregoing Certification of

Acknowledgement in her capacity as the City Attorney for the City of College Park in

accordance with the purpose stated therein.

IN WITNESS WHEREOF, I hereunto set my hand and official seal.

~ --1

I • i ---;:::, - ,..PA""'U,-.LIN:'!"E T:::E::::RE:;:-:SA:-;;:W~AY;;;·PC,EZZ7iiuiTiJTF I~ !UV-r- V.f«.-r (< 2.Lv "-6 NOTARY PUBLIC

N ta P bl. J PRINCE GEORGE'S COUNTY

• o ry u IC MARYLAND

6 tlt'f~EXPIRESAUGUST\6.2012

My Commission expires __ -=::.._-_1 Co~-Z...,;_:,CX_L~-------

18-G-59

Auditor selection for FY ‘18 – FY ’21

026

CITY OF COLLEGE PARK, MARYLAND REGULAR COUNCIL MEETING AGENDA ITEM

Agenda Item 18-G-59

Prepared By: Gary Fields Meeting Date: April 10, 2018 Director of Finance Presented By: Gary Fields Proposed Consent Agenda: No Director of Finance

Originating Department: Finance

Issue Before Council: Award of Audit Contract – FY2018-2021

Strategic Plan Goal: Goal 6: Excellent Services

Background/Justification: The City Charter and State of Maryland require an independent annual audit of all City accounts. Section C 10-10 of the Charter further specifies that a firm may not serve as auditors for more than four consecutive years. The completion of the FY2017 audit marked SB & Co.’s fourth year and the expiration of their contract as auditors. As a result, the City needs to contract with a different auditing firm. Staff issued Request for Proposals (RFP) CP-18-07 for auditing services on February 1, 2018, posting it on the City’s website and on eMaryland Marketplace, which sent notification of the RFP to over 200 potential bidders. Bids were due February 22. The RFP required that proposers include separate sealed envelopes for the technical proposal and the price proposal. The City received 5 proposals and opened the technical proposals at the 2 pm deadline on February 22. Assistant Finance Director, Leo Thomas, and I briefly reviewed the proposals for initial compliance with the RFP requirements to determine they were apparently responsive bids. Over the next week he and I reviewed the technical proposals in depth and scored each on criteria detailed in the RFP, generally covering their: responsiveness to the RFP; qualifications, capabilities and past performance; assigned audit team’s experience and qualifications; and municipal audit experience similar to that of College Park. All five firms were deemed technically qualified. After review of the technical proposals, staff opened the sealed cost bids. A detail of the cost bids is attached. The bids were evaluated based on the total price for four years (our recommendation would be the same if evaluated on annual cost). Listed below is a summary of the ranking after the technical review and the cost bids:

Ranking after technical review: 1st 2nd 4th 5th 3rd

Barbacane Lindsey Weyrich

Cohn Reznick Zelenofske

Total 4-year price $72,635 $60,880 $71,425 $106,640 $93,720 FY 2018 total cost 17,435 14,320 16,955 26,660 23,430 Note: A Single Audit is not likely to be required in the next four years since the threshold is $750,000 for expenditure of Federal grant funds in a fiscal year. Although the cost for a Single Audit was requested by the RFP it was excluded from the cost evaluations. Inclusion would not have affected staff’s recommendation. Based on their lowest total price for 4 years, staff recommends that the Mayor & Council award a four-year contract for audit services, beginning with our FY2018 and ending FY2021, to Lindsey & Associates, LLC of Towson, Maryland for their four-year price of $60,880. Annual costs are $14,320 for FY2018; $14,920 for FY2019; $15,520 for FY2020; and $16,120 for FY2021.

027

2

Attached are the first five pages of Lindsey & Associates transmittal letter from their proposal to provide an idea of the firm’s qualifications.

Fiscal Impact: The audit is an annual service and provided for in each budget. The FY 2019 Proposed Budget has allocated $17,435 for the FY2018 audit which will cover the proposed audit cost.

Council Options: #1. Approve a four-year contract for audit services at a total 4-year cost of $60,880 with Lindsey &

Associates.

#2. Approve a four-year contract with one of the other four proposers to provided audit services for FY2018 -

2021.

Staff Recommendation: #1

Recommended Motion: I move to approve a four-year contract for audit services at a total 4-year cost of $60,880 with Lindsey & Associates; and authorize the City Manager to execute an engagement agreement with them in a form satisfactory to the City Attorney.

Attachments: 1. Audit contract price proposals 2. Lindsey & Assoc. RFP transmittal letter (first 5 pages).

028

Price Proposals Note: Single Audit is not likely to be required so not included in price review.

Ranking after Tech Review: 1 2 4 5 3

FY 2018 Barbacane Lindsey Weyrich Cohn Reznick Zelenofske

Audit 15,195$ 11,900$ 15,000$ 26,660$ 21,580$

CAFR review 740 2,080 875 - 1,850

Subtotal 15,935 13,980 15,875 26,660 23,430

UFR Prep (optional) 1,500 340 1,080

Total 17,435$ 14,320$ 16,955$ 26,660$ 23,430$

FY 2019

Audit 15,650$ 12,500$ 15,525$ 26,660$ 21,580$

CAFR review 750 2,080 875 - 1,850

Subtotal 16,400 14,580 16,400 26,660 23,430

UFR Prep (optional) 1,500 340 1,120

Total 17,900$ 14,920$ 17,520$ 26,660$ 23,430$

FY 2020

Audit 16,150$ 13,100$ 16,075$ 26,660$ 21,580$

CAFR review 750 2,080 875 - 1,850

Subtotal 16,900 15,180 16,950 26,660 23,430

UFR Prep (optional) 1,500 340 1,200

Total 18,400$ 15,520$ 18,150$ 26,660$ 23,430$

FY 2021 (Optional year)

Total 18,900$ 16,120$ 18,800$ 26,660$ 23,430$

4-year total 72,635$ 60,880$ 71,425$ 106,640$ 93,720$

029

030

Lindsey + Associates

Mr. Gary Fields Director of Finance City of College Park 4500 Knox Road

February 16, 2018

College Park, MD 20740-3390

TRANSNUTTALLETTER

RE: AUDIT

Dear Mr. Fields:

Enclosed are an original and one copy of our Technical Audit Proposal.

Our Understanding of the Required Services

lindsey + Associates LLC Certified Public Accountants

606 Baltimore Avenue Suite t01 Towson, MD 21204

41 0.825.1994 phone 301.596.1996 DC phone 410.825.1997fax

www.acpafirm.com

Lindsey + Associates, LLC ("L+A") will for the years ended June 30, 2018, June 30, 2019 and June 30, 2020, with the option of extending to 2021: (1) conduct an audit in accordance with auditing standards generally accepted in the United States of America as set forth by the American Institute of Certified Public Accountants, the standards for financial audits set forth in the U. S. General Accounting Office's Government Auditing Standards, the provisions of the Single Audit Act Amendments of 1996 and Title 2 U. S. Code of Federal Regulations (CFR) Part 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards (Uniform Guidance), and Audit Guidelines of the State of Maryland, (2) issue all reports and letters required by the applicable auditing standards, and (3) prepare the Uniform Financial Report.

Our firm is both committed to and capable of completing the audit on a timely basis. In addition, the engagement team will be available throughout the year to assist the City on an as needed basis. We are uniquely qualified to provide the services which are described in this transmittal letter because:

• Our firm currently serves as auditor for approximately two dozen Maryland municipalities.

• Bob Diss, Engagement Partner, has conducted or managed more than 200 governmental audits, including the audit of the Howard County government, which included the audit for a golf course and the Howard County Library and 911 systems. In addition, he has earned the AICPA's Advanced Certificate in Single Audits.

1

031

• Unlike many public accounting firms, our auditors perform audits or other attestation engagements year round. Our tax department is separate so that both our audit and tax personnel are specialists. In addition, more than half of the audits we perform are for governmental entities, ranging from small to very large.

• Our firm's primary specialty is providing services to governmental entities. Our Maryland governmental clients range from the Eastern Shore to the far western counties.

• We have experience with a wide variety of governmental entities at all levels, including conducting financial statement audits, Single Audits (Uniform Guidance), fraud investigations, and other attestation engagements.

• We use state-of-the art audit software. Our audits are completely paperless, which allows us to be more efficient both in conducting the audit and in preparing financial statements.

• We have experience with a wide variety of governmental entities at all levels, including conducting financial statement audits, Single Audits, fraud investigations, and other attestation engagements.

• Our firm was the previous auditor for the City and currently serves as auditor for approximately two dozen Maryland municipalities.

• We use state-of-the art audit software. Our audits are completely paperless, which allows us to be more efficient both in conducting the audit and in preparing financial statements.

• Lindsey + Associates is a 100% veteran-owned firm and is certified as a Veteran Owned Small Business.

You should select L+A as your auditors because: 1) L+A is one of the most knowledgeable and experienced CPA firms in municipal accounting and auditing; 2) L+A is committed to meeting your deadlines; and 3) L+A is large enough to perform the audits in a timely and efficient manner, but also small enough to be very responsive to your needs.

We accept all terms and conditions contained within the referenced RFP. This proposal is a firm and irrevocable offer for ninety (90) days. Please contact me ( 410) 825-1994 or rdiss@acpafirm.com should you have any questions or need additional information.

Very truly yours,

~f: Robert P. Diss, CPA

2

032

Lindsey + Associates, LLC Proposal to City of College Park, Maryland

for Auditing Services

INDEPENDENCE

Our firm is independent of the City of College Park and any component units as defined by generally accepted auditing standards, the American Institute of CPAs and the United States General Accounting Office's Government Auditing Standards.

Our firm currently does not have and has not for the past five (5) years had any professional relationships involving the City or any of its agencies or component units. There is no conflict of interest with regard to the City. The firm will give the City written notice of any professional relationships entered into with potential component units during the period of this agreement.

LICENSE TO PRACTICE IN MARYLAND

Our firm and all assigned key personnel are properly licensed to practice public accountancy in the State of Maryland.

FIRM'S QUALIFICATIONS AND EXPERIENCE

Our firm has been operating in the State of Maryland and issuing governmental financial statement opinions since 1995. Lindsey + Associates, LLC, founded in 1994, is located in Towson, Maryland. Our CPAs and consultants provide accounting, auditing, consulting, financial, and tax services to entrepreneurial start-ups, multi-billion dollar businesses, and organizations in between. Most of our clients are located along the Eastern Seaboard of the United States from Northern Virginia to New York City; however, we have many clients located in the United Kingdom and Europe.

Our firm's primary specialty is providing services to governmental entities, with over half of our audit clients being governmental entities. Our Maryland governmental clients range from the Eastern Shore to the far western counties, and encompass all types of governmental and business-type activities.

Our professional staff includes 5 CPAs, 3 accountants, and 1 IT consultant, all based from our Towson, MD office. Our audit staff consists of 3 CPAs (including one who is also a CFE) and 2 staff auditors, all of whom spend more than half of their time working on governmental clients. We anticipate utilizing two to three full time and no part time auditors on this engagement.

Our audit department is unique in that our auditors spend 100% of their time year-round on audit and other attestation services - not part time on taxes, as many public accountants do. Our tax department works full time on tax and accounting, so that our auditors are specialists in their field.

3

033

Lindsey + Associates, LLC Proposal to City of College Park, Maryland

for Auditing Services

As full-time auditors, our staff is keenly aware of due dates. We are committed to meeting deadlines on or ahead of schedule. Our standard procedures include accomplishing as much of the audit as possible during interim testing so that less is left to do during year end fieldwork.

The following is a partial list of clients we have provided services to:

Federal Government United States Corps of Engineers

(Subcontractor to PricewaterhouseCoopers)

State and Regional Governments Maryland Affordable Housing Trust Maryland Aviation Administration

Maryland Department of Business and Economic Development Maryland Department of Human Resources

Maryland Department of Mental Health and Hygiene Maryland Energy Administration Maryland Food Center Authority

Maryland Health Services Cost Review Commission Maryland National Capital Parks and Planning Commission

Maryland Public Television Maryland State Lottery

Maryland State Retirement Agency Maryland Transit Administration

Washington Metropolitan Area Transit Authority

County and Other Governments Allegany County

Baltimore County Revenue Authority City of Glenarden Housing Authority

Howard County Fire and Rescue Department Howard County Housing Commission

La Vale Sanitary Commission Montgomery County

Wicomico County Housing Authority

Local Governments Chevy Chase Village

City of Annapolis City of College Park

City of Glenarden City of Laurel

City of Seat Pleasant

4

034

Lindsey + Associates, LLC Proposal to City of College Park, Maryland

for Auditing Services

City of Takoma Park Town of Berwyn Heights

Town ofBrentwood Town of Chestertown

Town of Chevy Chase View Town of Cottage City Town of Edmonston

Town of Fairmount Heights Town of Garrett Park Town ofHampstead

Town of Landover Hills Town of Laytonsville

Town of Riverdale Park Town of Rock Hall Town of Somerset

Town of University Park Town ofUnion Bridge

Village of Chevy Chase Section 5

Quality Control and Peer Review

We use state-of-the art commercial audit software. Our audits are completely paperless, which allows us to be more efficient both in conducting audits and in preparing financial statements. All workpapers and reports are subjected to a multi-tiered internal review process. All workpapers are reviewed first by the audit supervisor and then by the engagement partner responsible for the engagement. Finally, the managing partner completes a final review of all audit reports, ensuring the highest quality.

Our firm ' s most recent external quality control review letter is included as Appendix B to this proposal, and shows that we received the highest opinion - pass with no letter of comments. L+A has participated in the peer review program since 1994. The external quality control review included a review of governmental audit engagements.

We have not issued any comment letters or responses to the Governmental Accounting Standards Board on invitations to comment, discussion memoranda or exposure drafts in the past three years.

We have not had any federal or state desk reviews or field reviews of our audits during the past three (3) years. Also, there have been no disciplinary actions taken against the firm during the past three (3) years or otherwise.

There have been no legal settlements within the last two years and there are no pending or threatened legal actions relation related to audit services provided by Lindsey + Associates,

5

18-G-61

Approval of the PY 43 Community Development

Block Grant (CDBG) Agreement for Old Town

Sidewalks

035

CITY OF COLLEGE PARK, MARYLAND REGULAR COUNCIL MEETING AGENDA ITEM

AGENDA ITEM NUMBER 18-G-61

Prepared By: Terry Schum, Planning Director Meeting Date: April 10,2018 Presented By: Terry Schum Consent Agenda: No

Originating Department: Planning, Community and Economic Development

Action Requested: Community Development Block Grant (CDBG) PY43 Agreement

Strategic Plan Goal: Goal 4: Quality Infrastructure

Background/Justification: In October 2016, The City applied to the Prince George’s County Department of Housing and Community Development for CDBG funding for new sidewalk construction in Old Town College Park to fill a missing link in the neighborhood sidewalk network. Specifically, the request was for 405 feet of sidewalk along the south side of Knox Road between Rhode Island Avenue and Dartmouth Avenue and 140 feet of sidewalk along the west side of Dartmouth Avenue between Calvert Road and Knox Road including the area around the Old Parish House. The project supports the City’s Complete Streets Policy that calls for accommodating streets for all users, improving connectivity and addressing opportunities through City projects. An information report was provided to City Council (Attachment 1) but no formal City Council action was taken. The County approved the City’s grant application and has provided the CDBG Agreement for the Mayor’s signature (Attachment 2). The effective dates of the Agreement are July 1, 2017 – December 31, 2018. Some concern was expressed about the impact of this project on the Old Parish House, a designated local historic site. As required by CDBG program regulations, an environmental review was conducted by the County that included an assessment by the Maryland Historical Trust. This project was found to have no adverse impact on the historic site. While implementation of this project is fairly straightforward, staff is sensitive to the setting of the Old Parish House in the landscape and will explore options with the community for making the sidewalk as compatible as possible. This includes saving trees and considering options for sidewalk materials such as brick, colored concrete or stamped concrete. Staff explored the possibility of amending the application to include another area in Old Town but was told by the County that this could not be done. If the City decides not to move forward with this project, the grant will be forfeited.

Fiscal Impact: The project is funded with a $20,000 grant with in-kind services provided by City staff.

Council Options: #1: Authorize the Mayor to sign the PY43 CDBG Agreement #2: Decline PY43 CDBG funding.

Staff Recommendation: #1

Recommended Motion: I move to authorize the Mayor to sign the PY43 CDBG Agreement for Old Town Sidewalks and for staff to work with the community to implement the project.

Attachments: 1. Information Report 2. CDBG Grant Agreement 3. Sidewalk Network Diagram

036

PY43 Grant Agreement Memo.Docx 2

4. Site Location 5. Site Photos

037

Information Report

CDBG PY43 Application

For October 18, 2016 Council Worksession

Strategic Plan Goal: Quality Infrastructure

Background:

Community Development Block Grant (CDBG) is a federally-funded program to develop viable

communities. It helps implement community initiatives that enhance living conditions. The upcoming

round of funding through Prince Georges County is referred to as Program Year 43 (PY43). The City relies

on CDBG funding for eligible streets to replace Maryland State Highway Administration highway user

revenues which formerly had been used to fund infrastructure improvements within the City.

Prince George’s County receives an annual allocation from HUD which is then distributed to County

municipalities on a competitive basis. CDBG eligible areas must include primarily low and moderate

income (LMI) populations. CDBG funds are required to be used in LMI areas or for programs that directly

benefit low and moderate income individuals.

In previous years, the City has used CDBG funding for sidewalks, street lighting and paving in eligible

areas and has received up to $100,000 for these projects. Last year, in PY 42, the city was awarded

funding of $100,000 for the replacement of sidewalks along Norwich Road. The City was not awarded

CDBG funding during the prior two years.

Issue:

This year’s application is for $20,000 to fund a proposed sidewalk within the Old Town Historic District -

a targeted area for revitalization under the City’s Neighborhood Stabilization and Quality of Life Initiative

and a Census-designated CDBG low to moderate income area. If funded, this project will create an ADA-

compliant sidewalk around the City’s Old Parish House (OPH), which is a frequently used public meeting

space as well as a 200 year old designated historic building. The project will install approximately 405

feet of 5 foot wide sidewalk along Knox Road, connecting the Rhode Island Avenue hiker/biker Trolley

Trail to the OPH. The project will also install an additional 140 ft of sidewalk along Dartmouth Road

which will connect the OPH to Calvert Road, a primary route to the College Park Metrorail station.

The Old Parish House is currently slated for an approximately $70,000 interior renovation that will be

completed by April, 2017 to allow this historic building to better serve the needs of numerous users.

This CDBG project will provide an ADA accessible sidewalk connection to this cherished public meeting

space.

Options:

No Council action required, information report only

038

ARC No. 312-1993-2018 1

PY 43 COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) AGREEMENT

THIS CDBG AGREEMENT (“Agreement”) entered into and between PRINCE

GEORGE'S COUNTY, MARYLAND (“County”), a body corporate and politic, on behalf of the Prince George’s County Department of Housing and Community Development (“DHCD”) and the Operating Agency (O/A") having a principal business address located 4500 Knox Road, College Park, Maryland 20740.

O/A: CITY OF COLLEGE PARK Community Development Project: Old Town Sidewalk Type of Activity: Public Facilities and Infrastructure Budget: $20,000.00 PY: 43 Term of Performance: Start Date effective as of July 1, 2017 End Date December 31, 2018 HUD’s Performance Measurement: National Objective: Suitable Living Environment Outcome: Availability/Accessibility WHEREAS, the County has entered into an agreement with the United States

Department of Housing and Urban Development (“HUD”) to carry out a Community Development Program with the use of Community Development Block Grant (“CDBG”) funds in conformity with the provisions of Title I of the Housing and Community Development Act of 1974, P.L. 93-383, as amended (42 USC 5301 et. seq.); and

WHEREAS, the O/A applied to the County for CDBG funds for the purpose (“CDBG

Development Project” or “Project”) described in the O/A’s CDBG application; and

WHEREAS, the DHCD’s staff evaluated the O/A’s CDBG application and made a determination that the O/A’s proposed Project satisfied the eligibility criteria set forth in 24 CFR 570.200-570.210 et. seq., as amended; and

WHEREAS, the O/A is ready, willing and able to provide services in accordance with the terms and conditions set forth in this Agreement.

NOW, THEREFORE, in consideration of the premises and the mutual promises and covenants contained herein, the parties agree as follows:

039

ARC No. 312-1993-2018 2

1. Incorporation of Recitals

The foregoing recitals are hereby incorporated by reference.

2. Entire Agreement This signed and executed Agreement, the referenced attachments and the O/A’s CDBG application (collectively herein referred to as the “CDBG Documents”) constitute the entire and exclusive Agreement between the County and the O/A unless otherwise provided herein. 3. Purpose The purpose of this Agreement is to state the terms under which the County may disburse CDBG funds to the O/A for proper implementation of the O/A’s Project, which is described with particularity in the Scope of Services (Attachment A); pursuant to the limitations described in the Project Budget (Attachment B); and the Other CDBG Requirements (Attachment C). Attachments A, B, and C are collectively herein incorporated by reference. 4. Term of Performance The term of this Agreement shall be effective as of July 1, 2017 through December 31, 2018 subject to the continued availability of funding received from the HUD. The O/A’s responsibilities and duties as described herein shall further continue and remain in effect as long as the O/A has control over any CDBG funds and/or accounts receivables, which may include program income, and shall continue for a period of not less than five (5) years for real property acquired or improved in whole or in part with CDBG funds, including disbursed loans, in excess of $25,000 dollars. 5. Project Funds

The funding available under this Agreement shall not exceed Twenty Thousand Dollars ($20,000.00) subject to the continued availability of funding received from HUD.

The O/A hereby certifies that its projected use of CDBG funds has been developed so

as to give maximum feasible priority to activities, as applicable will carry out the national objective.

Further, the O/A agrees to limit the use of CDBG funds to activities described in this

Agreement and shall permit the County to monitor performance under the CDBG Documents for compliance with all Federal laws and regulations described in 24 CFR 570.600-614 et. seq., excluding the County’s environmental responsibilities and any review process, which may be initiated pursuant to 24 CFR Part 58.

040

ARC No. 312-1993-2018 3

6. Reimbursement/Budget The O/A hereby agrees and understands that the County requires the O/A to expend its own funds prior to submitting a request for reimbursement with CDBG funds. The O/A hereby agrees that the County will reimburse the O/A for documented costs (paid invoices, receipts, etc.), but in no event shall the County disburse to the O/A more than the amount shown in the Project Budget. Disbursements shall be made on a monthly basis and upon submission by the O/A of an itemized request for reimbursement in a format and form approved by the DHCD.

7. Program Progress

Section 1. O/A Performance: The O/A agrees to implement the Project in a satisfactory manner fully consistent with this Agreement, and attachments hereto. The exclusive determination of satisfactory performance under this Agreement shall be made by the County. Section 2. Performance: The O/A agrees to complete the Project in accordance with the Scope of Services (Attachment A) and the Term of Performance (Provision 4) as stated herein. The O/A agrees to make every effort to adhere to the Project Implementation and Drawdown Schedules set forth in Attachment A-1, which is herein incorporated by reference. Section 3. Program Accountability: The O/A will be held accountable by the terms of this Agreement and will be expected to exercise its authority over the operation of the Project commensurate with its responsibilities. Any changes in the scope of the Project and or any other terms of this Agreement are subject to the review and written approval of DHCD and or the County. Section 4. Personal Responsibility: This Agreement shall be deemed personal to the parties hereto and shall not be assigned, delegated or sublet without the prior written consent of all parties. In addition, each party shall remain liable for performance under this Agreement unless released in writing by all parties.

8. Records and Reports

A. The O/A agrees to maintain records and reports describing each activity assisted, including its location (if the activity has a geographic locus), the amount of CDBG funds budgeted, obligated and expended for the activity including, but not limited to, the following:

1. Records describing program eligibility for improvements including income

information of adjacent owners and any other information demonstrating program eligibility; and

041

ARC No. 312-1993-2018 4

2. Records documenting with particularity the nature, scope and cost of the

Street improvements for sidewalks; and

3. Periodic Progress Reports. The O/A agrees to prepare such periodic progress reports as may be required by the DHCD and County to evaluate the O/A’s performance under the CDBG Documents.

4. Any reports and or certifications that may be required by the County

and or HUD to evaluate the County’s compliance with the CDBG Program. B. As applicable, the O/A shall comply with the other records and reporting requirements are set forth in Provisions VII and VIII of the General Conditions for Operating Agencies and Third Party Contractors (“General Conditions”), which is hereby incorporated by reference as Attachment C.

9. Uniform Administrative Requirements

The O/A agrees to comply with the administrative requirements described in 24 CFR 570.502 in accordance with the OMB circulars codified under 2 CFR Part 200 as follows: A. 2 CFR, Part 200 Uniform Administrative Requirement also known as the “Omni

Circular” or “Super Circular” combines and supersedes the eight previously separate OMB circulars into one uniform guidance throughout this Agreement. This regulation may be reviewed in its entirety and accessed at: http://www.gpo.gov.

B. The Uniform Guidance Crosswalk from Existing Guidance to Final Guidance,

highlights policy changes, clarifications, and updates to policy provisions and is attached hereto (Attachment F) to provide the O/A with additional guidance and clarification as to the OMB circulars and regulations that are codified under 2 CFR 200.

10. Program Income

A. The O/A hereby certifies that the receipt, expenditure, disposition or retention program income as defined in Sec. 570.500(a) shall comply with the

procedures set forth in accordance with 24 CFR 570.504(c).

B. The O/A further acknowledges and agrees that upon termination of this Agreement or at the end of the current program year, the County may require the O/A to remit all or part of any program income balances (including investments thereof) held by the O/A (except those needed for immediate cash needs, cash balances of a revolving loan fund, cash balances from a lump sum drawdown, or cash or investments held for section 108 security needs) as

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described in 24 CFR 570.503 and which may be initiated pursuant to 24 CFR 570.504(c).

C. As applicable, the O/A shall comply with the program income requirements

set forth Provision III of the General Conditions, Attachment C.

11. Reversion of Assets and Use of Real Property The O/A acknowledges and agrees that upon termination or expiration of this Agreement, the O/A shall transfer to the County any CDBG funds on hand at the time and any accounts receivable attributable to the use of CDBG funds.

The O/A further acknowledges and agrees to provide the County with written notification of any real property under the O/A’s control that was acquired or improved in whole or in part with CDBG funds (including CDBG funds provided to the subrecipient in the form of a loan) in excess of $25,000 in accordance with the requirements set forth in 24 CFR 570.503(b)(7).

If the County or HUD determines that the proposed use of an identified property or

CDBG funds is not in accordance with 24 CFR 570.503(b)(7) and/or otherwise changes without the County’s prior written approval and/or does not meet one the CDBG national objectives addressed in 24 CFR 570.208 within five (5) years of the close out date of this Agreement or for such longer period as determined by the DHCD and/or the County, the O/A acknowledges and agrees to pay the County an amount equal to the current market value of the property less any portion of the value attributable to expenditures of non-CDBG funds for the acquisition of, improvement to, the property.

12. Article VI: Default

A. The parties agree that any of the following shall constitute a default under the terms and conditions of this Agreement:

1. Submission of duplicate invoices and/or payment requests to the County, or receipt of duplicate payments; or 2. Noncompliance with legislative, regulatory, or other requirements

applicable to the CDBG Program and applicable local, State and federal laws; or

3. Any material breach of this Agreement, any misrepresentation in

the O/A’s application or the O/A’s failure to provide any of the documentation or reports required by this Agreement; or

4. The rendering of the implementation of the Project as impossible or infeasible.

B. In the event of a default, which continues uncured for more than thirty (30)

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days, the County shall have the right to suspend or terminate the Project or pursue any available remedy at law or in equity including, but not limited to, repayment of the CDBG funds and reasonable attorney’s fees.

13. Suspension and Termination

A. For Cause: In accordance with 24 CFR 85.43, the County may suspend or terminate this Agreement for cause, in whole or part, by written notice in instances where the O/A materially fails to comply with any term of this Agreement. If the County withholds payments, it shall advise the O/A and specify, in writing, the actions that must be taken. In case of suspension, the County will notify the O/A of the conditions precedent to the resumption of payments and specify a reasonable date for compliance. In case of termination, the O/A will remit all portions of any reimbursement payments previously received as determined by the County to be due. Acceptance of any such amount by the County shall not constitute a waiver of any claim that the County may otherwise have arising out of this Agreement.

B. For Convenience: In accordance with 24 CFR 85.44, the County may suspend

or terminate this Agreement for convenience, in whole or part, by written notice as such action may be determined to be in the best interest of the County. The County will pay all reasonable costs associated with this Agreement that the O/A has incurred up to the date of the termination and all reasonable costs associated with termination of this Agreement. However, the O/A shall not be reimbursed for any anticipatory profits which have not been earned up to the date of termination.

14. Environmental Requirements

The O/A acknowledges and agrees that the Project activities will be subject to the environmental review requirements pursuant to 24 CFR Parts 52 and 58 as applicable. Unless otherwise agreed by the parties, the O/A shall not assume the County’s responsibility for initiating the required environmental review pursuant to 24 CFR 570.604 and is not otherwise responsible for the County’s environmental responsibilities as described in 24 CFR 570.604

The O/A will provide DHCD the following in order to obtain the required environmental review clearance: project location, or property address and legal description; a front-view photograph of the project site or property; work plans and/or sketches; specifications, and any additional information and/or photographs deemed by DHCD to be necessary for the environmental review. If the project involves multi-family housing with five or more dwelling units, or non-residential property, the O/A shall allow access to the property during normal business hours for purposes of an inspection by a qualified professional to determine the current or past presence of hazardous materials, contamination, toxic chemicals or gases, and radioactive

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substances, where a hazard could affect the health or safety of occupants or conflict with the intended use of the property. Any property proposed for CDBG or any other HUD funding must be free of these hazards. However, radon testing is required only when radon is known or suspected to exist.

For all projects, the O/A shall not proceed with physical impacts or changes in ownership until written environmental clearance has been issued by DHCD. If environmental impact mitigation is needed, the O/A shall comply with all applicable statutes and requirements.

15. Section 3 Requirements

A. The work to be performed under this Agreement is subject to the

requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended, 12 U.S.C. 1701u (Section 3). The purpose of Section 3 is to ensure that employment and other economic opportunities generated by HUD assistance or HUD-assisted projects covered by Section 3, shall, to the greatest extent feasible, be directed to low-and –very low- incomes persons, particularly persons who are recipients of HUD assistance for housing.

B. The parties to this Agreement agree to comply with HUD’s regulations in 24

CFR Part 135, which implement Section 3, as evidenced by their execution of this Agreement. The parties to this Agreement certify that they are under no contractual or other impediment that would prevent them from complying with the 24 CFR Part 135 regulations.

C. The O/A agrees to send to each labor organization or representative of workers with which the O/A has a collective bargaining agreement or other understanding, any notice advising the labor organization or worker’s representative of the O/A’s commitment under this Section 3 clause, and will post copies of the notice in conspicuous places at the work site where both employees and applicants for training and employment positions can see the notice. The Notice shall describe the Section 3 preference. The notice shall also set forth the following: minimum number and job titles subject to hire, availability of apprenticeship and training positions, the qualifications for each, the name and location of the person(s) taking applications for each of the positions, and the anticipated date the work shall begin. D. The O/A agrees to include this Section 3 clause in every subcontract

subject to compliance with regulations in 24 CFR Part 135, and agrees to take appropriate action, as provided in an applicable provision of the subcontract or in this Section 3 clause, upon a finding that the subcontractor is in violation of the regulations in 24 CFR Part 135. The O/A will not subcontract with any subcontractor where the O/A has notice or knowledge that the subcontractor has been found in violation of the regulations in 24 CFR Part 135.

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E. The O/A will certify that any vacant employment positions, including training positions, that are filled (1) after the contractor is selected but before the contract is executed, and (2) with persons other than those whom the regulations of 24 CFR Part 135 require employment opportunities to be directed, were not filled to circumvent the O/A’s obligations under 24 CFR Part 135.

F. Noncompliance with HUD’s regulations in 24 CFR Part 135 may result in

sanctions, termination of this Agreement for default, and debarment or suspension from future HUD assisted contracts.

G. With respect to the work performed in connection with Section 3 covered Indian housing assistance, section 7 (b) of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450e) also applies to the work to be performed under this Agreement. Section 7(b) requires that to the greatest extent feasible (i) preference and opportunities for training and employment shall be given to Indians, and (ii) preference in the award of contracts and subcontracts shall be given to Indian organizations and Indian-owned Economic Enterprises. Parties to this Agreement that are subject to the provisions of Section 3 and section 7(b) agree to comply with Section 3 to the maximum extent feasible, but not in derogation of compliance with Section 7(b).

H. As applicable, the O/A shall comply with the program income requirements set forth Provision III of the General Conditions (Attachment C). 16. Other Program Requirements

The O/A recognizes that HUD and the County periodically adopt laws and promulgate various regulations, which may influence this Agreement. The O/A, therefore, agrees to abide by the applicable federal laws including without limitation Subpart K (Other Program Requirements) of 24 CFR 570 and summarized in part as follows:

A. That subjects the Community Development Project to the requirements

concerning discrimination based on race, age and gender; that to the greatest extent feasible economic opportunities be given to low and very-low income persons and businesses that provide opportunities for these persons; that minority and women’s businesses be used wherever possible; and that the O/A maintain records of its efforts to comply with these requirements pursuant to the requirements of 24 CFR 570 et seq.

B. O/A acknowledges and agrees that the O/A shall be subject to the

administrative requirements of the Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards 2 CFR Part 200.

C. O/A acknowledges and agrees that the O/A shall be subject to the regulations

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at 24 CFR Part 87, related to lobbying, including the requirement that O/A obtain certifications and disclosures from all covered persons.

D. O/A agrees to insure that any person, business or non-profit organization displaced as a result of the acquisition of any property receives assistance in accordance with the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 at 49 CFR Part 24 ("Uniform Relocation Act"), as amended. O/A agrees to indemnify the County, its agencies, and instrumentalities and their employees, agents and representatives for any claims arising from or under the Uniform Relocation Act in connection with O/A’s acquisition of property and development activities.

E. O/A acknowledges and agrees that any Community Development Project

assisted with CDBG funds shall be subject to the accessibility requirements under Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794) and implementing regulations at 24 CFR Part 8, where applicable.

F. O/A acknowledges and agrees that the O/A shall be subject to the restrictions

on participation by ineligible, debarred or suspended persons or entities as described in Executive Order 12549 and at CFR 24 Part 5.105(c).

G. O/A agrees to comply with the National Environmental Policy Act of 1969, as

amended (Pub. L. 91-190, 42 U.S.C. 4321-4347, January 1, 1970, as amended by Pub. L. 94-52, July 3, 1975, Pub. L. 94-83, August 9, 1975, and Pub. L. 97-258, Section 4(b), September 13, 1982); Section 202 of the Flood Disaster Protection Act of 1973 (42 USC 4106); and the Lead Based Paint Poisoning Act of 1971 (42 USC 4821 et seq.), (24 CFR Part 35).

17. Project Costs

The O/A acknowledges and agrees that the O/A shall comply with the direct cost principals set forth in 2CFR 200.413 and as applicable, the indirect cost principals set forth in 2 CFR 200.14. The O/A shall further comply with all other provisions that govern the O/A’s use of CDBG funds as discussed in the General Conditions.

18. Entire Agreement and Governing Laws

A. Entire Agreement. The CDBG Documents shall constitute the entire

Agreement for CDBG funds between the County and the O/A under the Community Development Block Grant Program.

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B. Severability. The invalidity or illegality of any provision of this Agreement shall not affect the remaining provisions of this Agreement and the remainder of the CDBG Documents shall remain in full force and effect for the term of the Agreement.

C. Applicable Law. The CDBG Documents shall be construed in accordance with

the laws of the County, the State of Maryland and applicable Federal law and regulations.

D. Waiver. The failure of the County to enforce any provision of this

Agreement shall not be deemed a waiver thereof.

E. Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be deemed to be an original and all of which taken together shall constitute a single contract.

F. During the performance of services called for in this Agreement, the O/A shall maintain “Good Standing” status with the Maryland Department of Assessments and Taxation.

19. Indemnification Clause

Subject to and without waiving common law and other governmental immunities and the provisions §5-301 et seq., Local Government Tort Claims Act, Courts and Judicial Proceedings Article, Annotated Code of Maryland, the O/A shall save, hold harmless, defend and indemnify Prince George’s County, Maryland (“County”) against any and all liability claims, demands, suits, judgments, and the cost of whatsoever kind and nature arising or alleged to have arisen from injury, including personal injury to or death of person or persons, and for loss or damage occurring in connection this Agreement or that results in whole part from any act or failure to act, errors or omissions of the O/A, or any employee, agent or representative of the O/A. The O/A shall, at its own expense, appear, defend and pay all charges for attorney fees and all costs and other expenses arising therefrom or incurred in connection therewith, and if any judgment shall be rendered against the County in any such action, the O/A shall at its own expense, satisfy and discharge the same. The O/A expressly understands and agrees that any performance or payment bond or any insurance protection required by this Agreement or otherwise provided by the O/A shall in no way limit the responsibility to save, hold harmless, defend and indemnify the County as provided herein. The O/A shall take proper safety and health precautions to protect all employees and clients. The County does not waive any right or defense, or forebear any action, in connection herewith.

20. Insurance Requirements During the performance of services called for in this Agreement, the O/A shall maintain

the following insurance coverage:

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WORKER’S COMPENSATION: An insurance policy complying with the requirements of the statutes of the jurisdiction(s) in which the work will be performed. The O/A will provide coverage for these exposures on an “if any” basis. The coverage under such an insurance policy or policies shall have limits not less than:

Worker’s Compensation: MARYLAND STATUTORY LIMITS GENERAL LIABILITY: An insurance policy complying with the requirements of Prince

George’s County, Maryland. The coverage under such an insurance policy or policies shall have limits not less than:

• Bodily Injury and Property Damage Liability: $1,000,000/$3,000,000 per occurrence/aggregate • Fire Legal Liability $ 1,000,000 • Personal Injury/Advertising $ 1,000,000 • Auto Liability $ 1,000,000 OR combined single limit not less than $2,000,000 Prince George's County, Maryland shall be designated as an additional insured as well

as a certificate holder on the Certificate of Insurance. The address for Prince George’s County, Maryland shall be 14741 Governor Oden Bowie Drive, Upper Marlboro, Maryland 20772 with attention to the DHCD – CDBG Contract Administrator.

During the performance of services called for in this Agreement, the O/A shall ensure

that its subcontractors, subject to DHCD and or the County’s written approval, shall maintain throughout the term of respective subcontractors’ performance (1) General Liability insurance in the amount of $1,000,000 at a minimum, (2) Workers’ Compensation insurance meeting the Statutory Limits for Maryland and Employers’ Liability limits of $500,000, and (3) business automobile liability insurance in the amount of $1,000,000. Each subcontractor shall designate Prince George’s County, Maryland as an Additional Insured and Certificate Holder on each Certificate of Liability Insurance. The O/A shall maintain on file copies of the Certificates of Liability Insurance from each subcontractor.

(SIGNATURES APPEAR ON THE NEXT PAGE.)

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IN WITNESS WHEREOF, the parties signed this Agreement on the dates set forth below. CITY OF COLLEGE PARK WITNESS: BY:

Patrick Wojahn Mayor DATE: _______________________

PRINCE GEORGE'S COUNTY, MARYLAND BY: Thomas M. Himler

Deputy Chief Administrative Officer for Budget, Finance, and Administration

DATE: _______________________ Attachments: A. Scope of Services

A-1. Implementation and Drawdown Schedules B. Project Budget C. General Conditions for Operating Agencies and Third Party Contractors D. Reports:

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Activity Report – Capital Improvements Community Development Project Benefit Report Contract and Subcontract Activity Report Form Section 3 Summary Report Form Semi-Annual Labor Standards Enforcement Report Form

E. Local Requirements: Assurance of Compliance Form Audit Corrective Action Plan Low and Moderate Income Limits Minority Business Enterprise Participation Statement Locally Based Business Preference Equal Employment Opportunity Agreement ADA Statement

F. CDBG Resource Guidance: Uniform Guidance Crosswalk from Existing Guidance to Final Guidance

(THE BALANCE OF THIS PAGE IS INTENTIONALLY BLANK.)

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ATTACHMENT A Page 1

Community Development Project: Old Town Sidewalk Type of Activity: Public Facilities and Infrastructure

SCOPE OF SERVICES In accordance with the provisions of this Agreement, City of College Park, hereinafter referred to as the Operating Agency (O/A), shall: Section I. Assure that CDBG funds (Attachment B) are used to construct a sidewalk an ADA-compliant sidewalk along Knox Road, between Rhode Island Avenue and Dartmouth Avenue and ADA compliant sidewalk along Dartmouth Avenue between Knox Road connecting to the existing sidewalk segment on Calvert Road. Approximately 1,120 individuals will benefit from this Project. Section II. Assure that the Project beneficiaries are residents of Prince George's County. Section III. Assure that more than fifty-one percent (51%) of the Project beneficiaries are of low and moderate income as defined in the Income Limits. Section IV. As applicable, the O/A shall contact the DHCD’s designated CDBG Project Manager prior to beginning the bid process. For affordable housing rehabilitation activities involving more than eight units, the O/A may not begin project activity until a pre-construction conference is held with the appropriate CDBG staff person. This provision does not apply for housing acquisition projects. Section V. As applicable, the O/A shall develop and submit to DHCD a transition plan setting forth the steps necessary to complete the structural changes to achieve program accessibility. The plan shall be developed with the assistance of interested persons, including individuals with disabilities or organizations representing individuals with disabilities. A copy of the transition plan shall be made available for public inspection. The Project plan shall, at minimum, include following:

A. Identify physical obstacles in the O/A’s facilities that limit the accessibility of its programs or activities to individuals with disabilities;

B. Describe in detail the methods that will be used to make the facilities accessible;

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C. Specify the schedule for taking the steps necessary to achieve compliance with this section and, if the time period of the transition plan is longer than one year, identify steps that will be taken during each year of the transition period;

D. Indicate the official responsible for implementation of the plan; and

E. Identify the persons or groups with whose assistance the plan was prepared. Section VI. As applicable, the O/A shall ensure that all affordable housing rehabilitation activities and construction work are performed in accordance with "Wage Determination Scale" which the O/A shall obtain from DHCD prior to contract solicitation. This provision does not apply for housing acquisition projects. Section VII. As applicable, the O/A shall check the Excluded Parties List System (www.epls.gov) to ensure that all contractors or consultants are not suspended or debarred from participation in Federally-funded projects and will forward a copy of the EPLS printout to the designated CDBG Project Manager. Section VIII. As applicable, the O/A shall prepare and make all necessary contractor solicitations and bid announcements to include notice to public and potential contractors that this is a Federally-assisted project subject to appropriate Federal, State and local laws and implementation regulations as follows: Housing and Community Development Act of 1974, Public Law 93-383, as amended; Section 3 of the Housing and Urban Development Act of 1968, as amended, 12 U.S.C. 1701u; 24 CFR 135 (Code of Federal Regulations); Equal Employment Opportunity, Executive Order 11246; the Clean Air Act of 1963, as amended; 40 CFR 15; Davis-Bacon Fair Labor Standards Act, as amended, 40 U.S.C. 276a--276a-5; Copeland (Anti-Kickback) Act, 48 Stat. 948, 40 U.S.C. 276 (c); Contract Work Hours and Safety Standards Act, 40 U.S.C. 327-332; 24 CFR Part 35 (Lead-Based Paint Hazards); Civil Rights Act of 1964, Title VI, Public Law 88-352; and Section 504 of the Rehabilitation Act of 1973; Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.), as amended; Byrd Anti-Lobbying Amendment (31 U.S.C. 1352); and Executive Orders 12549 and 12689, “Debarment and Suspension. Additional provisions may apply depending upon the nature of the work to be performed and the contract price. Section IX. As applicable, the O/A shall ensure that all contractors and consultants provide, prior to the execution of any contract, agreement or subcontract, a statement of Assurance of Compliance with U.S. Department of Housing and Urban Development Regulations for Training, Employment, and Contracting Opportunities for Businesses and Lower-Income Persons, and refer such assurances to the DHCD for review and approval prior to the award of any contract. This requirement will be met by the inclusion of Attachment C, General Conditions for Operating Agencies and Third Party Contractors, with all contracts, agreements and subcontracts.

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Section X. As applicable, the O/A shall obtain and forward to DHCD all written agreements for all construction and/or professional services resulting from the Project. Reimbursement requests for work performed shall not be processed prior to receipt of any such agreement. Section XI. As applicable, the O/A shall prepare or procure all surveys, designs, drawings, estimates and specifications necessary to perform Project services. Section XII. As applicable, all Project designs for work shall meet or exceed the standards established by Prince George's County. Specifically, all designs should be directed to aid the mobility of the elderly and persons with disabilities. Section XIII. The O/A shall perform all work in accordance with County Standards. Section XIV. As applicable, the O/A shall provide contractors, on a timely basis, weekly payroll forms (federal wage rate compliance forms). Section XV. As applicable, the O/A shall supervise and inspect all work performed as a result of this Agreement prior to issuing contractor payments and prior to submission of reimbursement requests to the County for any affordable housing rehabilitation project involving more than eight units. Section XVI. As applicable, the O/A shall ensure that the required level of public benefit for an economic development project is met in accordance with 24 CFR 570.209(b). Specifically, all economic development projects must create or retain at least one full-time equivalent, permanent job per $35,000 of CDBG funds that are used or provided to residents of an area, such that the number of low-and moderate income persons residing in the area served by the O/A benefits at least one low- or moderate income person per $350 of CDBG funds used.

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ATTACHMENT A-1

Community Development Project: Old Town Sidewalk

Type of Activity: Public Facilities and Infrastructure

PROJECT IMPLEMENTATION AND DRAWDOWN SCHEDULES

Estimated Activities Schedule

ACTIVITY

START

DATE

COMPLETION DATE

No Activity July 1, 2017 September 30, 2 017

No Activity October 1, 2017 December 31, 2017

No Activity January 1, 2018 March 30, 2018

Operating Agreement Executed April 1, 2018 June 30, 2018

Hold Pre-Construction Conference Construction Begins

July 1, 2018 September 30, 2018

Construction Completed Closeout

October 1, 2018 December 31, 2018

Projected Quarterly Drawdown Schedule

1st Quarter Jul – Sept

2nd Quarter Oct – Dec

3rd Quarter Jan-March

4th Quarter April - Jun

2017-2018 $0 $0 $0 $0 2018-2019 $0 $20,000.00 $0 $0 All CDBG funds for PY43 must be drawn down within the performance schedule as indicated above or may be subject to reprogramming.

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ATTACHMENT B

Community Development Project: Old Town Sidewalk Type of Activity: Public Facilities and Infrastructure PROJECT BUDGET

Activity

CDBG Cost

Sidewalk Construction $20,000.00 Total CDBG Costs

$20,000.00

FOOTNOTE: As applicable, expenses for indirect costs shall only be reimbursed in

accordance with DHCD’s approved indirect cost plan. Fringe benefit reimbursement requests shall be honored only upon DHCD’s receipt of an approved fringe benefit rate or acceptable evidence of a fringe benefit cost allocation system from the O/A to DHCD for the fiscal year.

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Old Town Sidewalk Network Diagram

LEGEND:

Existing Sidewalk

Proposed CDBG Sidewalk

Old Parish House

057

Site Location

Knox Road and Dartmouth Avenue, College Park (adjacent to Old Parish House)

Proposed sidewalk shown as red line below (large tick marks every 100’)

058

Site Photos

Looking east on Knox Road, Old Parish House in center.

Looking South on Dartmouth Ave, Old Parish House in center.

059

18-G-63

Grant application to the National Institute of

Standards and Technology (NIST)

060

CITY OF COLLEGE PARK, MARYLAND REGULAR COUNCIL MEETING AGENDA ITEM

Agenda Item 18-G-63

Prepared By: R. W. Ryan Meeting Date: April 10, 2018 Public Services Director Presented By: R. W. Ryan, Proposed Consent Agenda: No Public Services Director, and Paul Flippin, Special Programs Manager University of Maryland, Maryland Fire Rescue Institute

Originating Department: Public Services Department

Issue Before Council: Approval of a grant application to the National Institute of Standards and Technology (NIST), in partnership with the UMD Maryland Fire and Rescue Institute, to study interior building mapping

Strategic Plan Goal: Goal 5: Effective Leadership

Background/Justification: The University of Maryland, Maryland Fire and Rescue Institute (UMD/MFRI) has invited the City to partner on a National Institute of Standards and Technology (NIST) grant application. The NIST Notice of Funding Opportunity (NOFO) is attached. Initially, UMD/MFRI planned to apply for this opportunity under the total umbrella of MFRI. This was not acceptable to NIST and their interpretation of the eligibility requirements identified local governments as eligible to receive grants under this NOFO. NIST does however encourage eligible organizations, such as the City, “to include proposed sub-awardees, contractors or other collaborators to include institutions of higher education and their public safety departments”.

The statutory authority for the NIST Public Safety Innovation Accelerator Program is 15 U.S.C. § 3706 and 47 U.S.C. § 1443. The NIST Public Safety Innovation Accelerator Program is seeking applications from U.S. state, local and tribal governments to create a model ‘Point Cloud City’. Successful applicants will receive funding to generate an extensive catalog of annotated 3D indoor point clouds that can be used by industry, academia, and government to advance research and development (R&D) in the areas of indoor mapping, localization and navigation for public safety, as well as to demonstrate the potential value of ubiquitous indoor positioning and location-based information. Recipients will also participate in the NIST Global Cities Team Challenge initiative as the lead for an Action Cluster. The project proposed is to study the use of drone technology to prove the feasibility of mapping and videotaping interiors of selected buildings for future use of public safety agencies, such as police, fire, hazmat, and EMS first responders to support their response to emergency incidents. UMD/MFRI and UMD grants administrators thought this would be a perfect opportunity to partner with the City, because of the eligibility requirement that “this NOFO are open to U.S. state, local and tribal governments and their official public safety organizations”. UMD believes that a partnership with the City would be a very good fit. As the grantee, the City would be required to be the lead agency in partnership with UMD/MFRI, and Juxtopia, UMD/MFRI’s private sector technical expert. In the grant proposal, we are highlighting that campus buildings are a microcosm of a small city and would be used for this study. We can also highlight that the University is an integral part of the College Park community, and that selected buildings on campus represent a response challenge for first responders as far as mapping, building knowledge, data, etc. 061

UMD/MFRI would provide the staffing and logistical support to conduct this study. They will prepare proposals and provide staff support to the City to submit the application. City staffing would be minimal.

Fiscal Impact: Estimated financial benefit to the City would not exceed one percent (1%) of grant amount. Maximum allowable grant is one million dollars ($1,000,000.00).

Council Options: 1. Approve grant application 2. Not approve grant application.

Staff Recommendations: Option #1

Recommended Motion: I move to authorize the City Manager to sign, and for staff to submit a grant application to NIST for the described project.

Attachments:

1. Executive Summary of NIST Notice of Funding Opportunity

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Page 10 of 48 NIST Public Safety Innovation Accelerator Program - Point Cloud City

Notice of Funding Opportunity – Amendment 1 March 9, 2018

January 5, 2018, as revised March 9, 2018

NOTICE OF FUNDING OPPORTUNITY (NOFO) NIST Public Safety Innovation Accelerator Program (PSIAP) – Point Cloud City

EXECUTIVE SUMMARY

• Federal Agency Name: National Institute of Standards and Technology (NIST), United States Department of Commerce (DoC)

• Funding Opportunity Title: NIST Public Safety Innovation Accelerator Program – Point Cloud City

• Announcement Type: Initial

• Funding Opportunity Number: 2018-NIST-PSIAP-PC2

• Catalog of Federal Domestic Assistance (CFDA) Number: 11.609, Measurement and Engineering Research and Standards

• Dates: Electronic applications must be received at Grants.gov no later than 11:59 p.m. Eastern Time, Friday, April 20, 2018. Applications received after this deadline will not be reviewed or considered. Paper applications will not be accepted. Applicants should be aware, and factor in their application submission planning, that the Grants.gov system is expected to be closed for routine maintenance from 12:01 a.m. Eastern Time, Saturday, March 17, 2018 until 6:00 a.m. Eastern Time, Monday, March 19, 2018. Applications cannot be submitted when Grants.gov is closed. NIST expects to complete its review, selection of successful applicants, and award processing by June 2018. NIST expects the earliest start date for awards under this NOFO to be August 1, 2018. Applicants are strongly urged to read Section IV.2.b. Attachment of Required Application Documents of this NOFO with great attention. Applicants should carefully follow the instructions and recommendations regarding attachments and use the Download Submitted Applications feature on www.grants.gov to check that all required attachments were contained in their submission. Applications submitted without the required documents will not pass the Initial Administrative Review, described in Section V.3.a. of this NOFO.

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Page 11 of 48 NIST Public Safety Innovation Accelerator Program - Point Cloud City

Notice of Funding Opportunity – Amendment 1 March 9, 2018

When developing the submission timeline, please keep in mind that: (1) all applicants are required to have a current registration in the electronic System for Award Management (SAM.gov); (2) the free annual registration process in the SAM.gov (see Section IV.3. and Section IV.7.a.(1).(b) of this NOFO) often takes between three and five business days and may take as long as two weeks; (3) electronic applicants are required to have a current registration in Grants.gov; and (4) applicants using Grants.gov will receive e-mail notifications over a period of up to two business days as the application moves through intermediate systems before the applicant learns via a validation or rejection notification whether NIST has received the application. (See grants.gov for full information on application and notification through Grants.gov). Please note that a federal assistance award cannot be issued if the designated recipient’s registration in the System for Award Management (SAM.gov) is not current at the time of the award.

• Application Submission Address: Applications must be submitted using Grants.gov.

• Funding Opportunity Description: The NIST Public Safety Innovation Accelerator Program is seeking applications from U.S. state, local and tribal governments to create a model ‘Point Cloud City’. Successful applicants will receive funding to generate an extensive catalog of annotated 3D indoor point clouds that can be used by industry, academia, and government to advance research and development in the areas of indoor mapping, localization and navigation for public safety, as well as to demonstrate the potential value of ubiquitous indoor positioning and location-based information. Recipients will also participate in the NIST Global Cities Team Challenge initiative as the lead for an Action Cluster.

• Anticipated Amounts: In FY2018, NIST anticipates up to $1,000,000 may be available to fund awards in the range of $50,000 to $500,000 total with project performance periods of up to one (1) year.

• Funding Instrument: Grant or cooperative agreement, as appropriate. Eligibility: All awards listed in this NOFO are open to U.S. state, local and tribal governments and their official public safety organizations. Institutions of higher education and campus public safety departments are not eligible to apply. However, an eligible organization may propose to work individually or to include proposed sub-awardees, contractors or other collaborators to include institutions of higher education and their public safety departments, non-profit organizations, for-profit organizations, and hospitals. Public-private partnerships are encouraged. Although Federal entities are not eligible to receive funding under this NOFO, they may participate as unfunded collaborators.

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Notice of Funding Opportunity – Amendment 1 March 9, 2018

NIST will only consider one application per applicant; however, an applicant entity may be proposed as a sub-recipient, contractor, or unfunded collaborator within applications submitted by other entities.

• Cost Sharing Requirements: Matching funds are not required, however, voluntary committed cost-share (e.g., in-kind contributions from industry partners) may be included in project budgets and will be considered as part of the selection factors in Section V.2. of this NOFO.

• Public Website, Frequently Asked Questions (FAQs) and Webinar: NIST has a public website (pscr.gov) that provides information pertaining to this Funding Opportunity2F

3. NIST anticipates that a “Frequently Asked Questions” section or other resource materials will be maintained and updated on the website as needed to provide additional guidance and clarifying information that may arise related to this Funding Opportunity. Any amendments to this NOFO will be announced through Grants.gov.

Applicants must submit all questions pertaining to this funding opportunity via e-mail to pscr@nist.gov with ‘Point Cloud City’ in the subject line. Questions submitted to NIST may be posted on pscr.gov. Alternatively, applicants may ask questions during the informational public webinar as described in the next paragraph.

NIST hosted a webinar to provide general information regarding this NOFO, offer general guidance on preparing applications, and answer questions. A second webinar to provide general information regarding the amended NOFO will be hosted by NIST. Scheduling details about the webinar will be available at pscr.gov. Proprietary technical discussions about specific project ideas will not be permitted during the webinar and NIST staff will not critique or provide feedback on specific project ideas while they are being developed by an applicant, brought forth during the webinar, or at any time before the deadline for all applications. However, general questions about the PSIAP, eligibility requirements, evaluation and award criteria, selection process, and the general characteristics of a competitive application will be addressed at the webinar and by e-mail to pscr@nist.gov as described in the previous paragraph. There is no cost to attend the webinar, but participants must register in advance. Participation in the webinar is not required, and will not be considered in the application review and selection process. Additional information on the PSIAP and webinar is available at www.nist.gov/ctl/pscr.

3 Refer to Section VII. of this NOFO, Federal Awarding Agency Contacts, Programmatic and Technical Questions, if this link is no longer working or more information is needed.

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Introduction of Charter Amendment 18-CR-02

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CITY OF COLLEGE PARK, MARYLAND REGULAR COUNCIL MEETING AGENDA ITEM

AGENDA ITEM NUMBER: 18-CR-02

Prepared By: Suellen Ferguson Meeting Date: April 10, 2018 City Attorney Presented By: Suellen Ferguson, City Attorney Scott Somers, City Manager

Originating Department: Administration

Issue Before Council: Introduction of proposed Charter Amendments

Strategic Plan Goal: Goal 5: Effective Leadership

Background/Justification: During the February 27, 2018 Regular meeting, the City Council held a public hearing on and considered approval of 18-CR-01. The City Council adopted amendments to Section C6-2 of the City Charter, but not the proposed amendments to other sections. The City Council elected to delay consideration of the remaining amendment changes until further discussion could occur. Further discussion on the proposed Charter Amendments was held at the Worksessions on March 6 and April 3. Staff has received direction to prepare a Charter Amendment for introduction, which is attached as 18-CR-02. This Charter Amendment incorporates the amendment to C6-2 that was adopted on February 27, and includes the remaining amendments that were originally Introduced on February 13 and considered at the February 27 Public Hearing. The City Attorney and the outside legal counsel have also jointly prepared a fact sheet about the proposed Charter Amendments, which is attached. Also attached is a Voting Requirements Table which summarizes the requirements for taking action by Mayor and Council.

Fiscal Impact: Legal and staff resource costs.

Council Options: 1. Introduce Charter resolution 18-CR-02 that incorporates the draft amendments and schedule a Public Hearing. 2. Consider other Charter resolution amendments. 3. Elect to not consider any changes at this time.

Staff Recommendation: Option #1

Attachments: 18-CR-02 Proposed Charter Amendments Charter Amendment Fact Sheet Voting Requirements Table

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____________________________________ 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.

CHARTER RESOLUTION

OF THE MAYOR AND COUNCILOF THE CITY OF COLLEGE PARK, TO REPEAL AND

RE-ENACT CITY OF COLLEGE PARK CHARTER SECTIONS, THEREBY AMENDING

SECTION C2–1 CORPORATE LIMITS, § C3-1 ELECTED CITY OFFICERS, § C3-3 OATH

OF OFFICE, §C3-4 COMPENSATION, § C3-6 VACANCIES, § C3-7 ASSUMPTION OF

DUTIES, § C4-4 OTHER ELECTION OFFICIALS, § C6-1 GENERAL PROVISIONS, § C6-2

QUORUM, § C7-9 REFUSE COLLECTION AND DISPOSAL SERVICE, § C8-2 PASSAGE, § C9-2, BONDS, § C9-3 CITY MANAGER, § C10-3 CITY COUNCIL ACTION ON

BUDGET, § C10-4, FORM OF BUDGET APPROPRIATION AND REVENUE

ORDINANCE, § C10-5, AMENDMENTS TO BUDGET AFTER ADOPTION, § C10-8

SUBMISSION OF CAPITAL IMPROVEMENT PROGRAM; CONTENTS, § C11-4, SPECIAL

ASSESSMENTS, § C11-5 SPECIAL TAXING DISTRICTS, § C13-3 ESTABLISHMENT OF

AGENCY, AND § C13-4 INITIATION OF PROJECT, TO CLARIFY THAT THE MAYOR

AND COUNCIL ARE THE LEGISLATIVE BODY OF THE CITY AND THAT THE

LEGISLATIVE POWERS OF THE CITY ARE EXERCISED BY THE MAYOR AND

COUNCIL, TO CLARIFY QUORUM AND VOTING REQUIREMENTS, TO CLARIFY THE

VOTING RIGHTS OF THE MAYOR, AND TO MAKE CONFORMING CHANGES

A Charter Resolution of the Mayor and Council of the City of College Park, Maryland, 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, the Mayor and Council have determined that it is in the public interest to

clarify that the Mayor and Council are the legislative body of the City, that the legislative powers

of the City are exercised by the Mayor and Council, and to clarify quorum and voting requirements;

and

Section 1. NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of

the City of College Park that Article II, “Boundaries and Districts”, §C2-1, “Corporate limits” be

repealed, reenacted and amended to read as follows:

Section C2–1 Corporate limits.

§ C2-1 Corporate limits.

A copy of the courses and distances describing the corporate boundaries of the City of College

Park, as amended from time to time, shall be maintained in the office of the City Manager. The

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City Manager is hereby directed to MAKE PUBLICLY AVAILABLE AND provide copies of

[the] ANY Annexation Resolution with the new boundaries as required by § 4-414 of the Local

Government Article, Annotated Code of Maryland, as amended.

Section 2. BE IT FURTHER RESOLVED by the Mayor and Council of the City of

College Park that Article III, “Mayor and Council”, §C3-1, “Elected City officers” be repealed,

reenacted and amended to read as follows:

§ C3-1 [Elected City officers] MEMBERSHIP; ELECTION; TERM OF OFFICE.

[The government of said] ALL LEGISLATIVE POWERS OF THE City shall be vested in a

Mayor and eight district Council members, two from each district of the City, TO BE KNOWN

AS THE MAYOR AND COUNCIL. THE MAYOR AND COUNCIL IS THE LEGISLATIVE

BODY OF THE CITY. The Mayor shall be elected at large by the voters of the City and the

Council members shall be elected by the voters within their respective districts. The candidate for

Mayor with the highest number of votes shall be declared elected as Mayor. The two candidates

for Council member for each Council district with the highest number of votes shall be declared

elected as Council member. At the time of taking office, the Mayor and each member of the

Council shall have attained the age of 18 years and must be a citizen of the United States and a

current registered voter in the City so registered for at least one year immediately preceding the

date of election. [Elected officers] THE MAYOR AND COUNCIL MEMBERS shall continuously

reside in the City during their term of office. Each Council member must reside in their respective

district and THE MAYOR AND each [elected officer] COUNCIL MEMBER shall retain

throughout their respective term of office all the qualifications necessary for election, and the

failure to retain all of such qualifications shall ipso facto cause a forfeiture of office.

Section 3. BE IT FURTHER RESOLVED by the Mayor and Council of the City of

College Park that Article III, “Mayor and Council”, §C3-3, “Oath of office” be repealed,

reenacted and amended to read as follows:

§ C3-3 Oath of office.

Before entering upon the duties of the office, [each officer] THE MAYOR AND EACH

COUNCIL MEMBER shall take an oath to diligently and faithfully discharge all duties of office

without favor, partiality or prejudice. Said oath shall be filed among the records of said City. The

Clerk of the Circuit Court or a sworn deputy of the Clerk shall administer the oath of office to the

Mayor. The Mayor shall administer the oath of office to Council members.

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Section 4. BE IT FURTHER RESOLVED by the Mayor and Council of the City of

College Park that Article III, “Mayor and Council”, §C3-4, “Compensation” be repealed,

reenacted and amended to read as follows:

§ C3-4 Compensation.

The Mayor shall receive as compensation $10,500 per year as salary, payable on a monthly basis.

Each Council member holding office under this Charter shall receive as compensation $7,000 per

year as salary, payable on a monthly basis. A change to the amount of compensation of the Mayor

and Council shall be adopted by ordinance. No change in the amounts of compensation enacted by

ordinance may be enacted by the Mayor and [City]Council to be effective during their current term

of office.

Section 5. BE IT FURTHER RESOLVED by the Mayor and Council of the City of

College Park that Article III, “Mayor and Council”, §C3-6, “Vacancies” be repealed, reenacted

and amended to read as follows:

§ C3-6 Vacancies

A. * * * *

B. Election or appointment to fill vacancies.

(1) * * * *

(2) A vacancy shall exist if [an elected official] THE MAYOR OR ANY COUNCIL MEMBER

shall be absent from Council meetings during a consecutive sixty-day period without just cause

being shown. The Council shall make the determination in such cases. The Mayor shall, as soon

after taking office as may be practicable, appoint from among the membership of the Council a

Mayor Pro Tem, subject to the approval of the Council. The Mayor Pro Tem shall preside in the

Mayor's absence. In the event of the incapacity of the Mayor, the Mayor Pro Tem shall serve

until the next general election or special election and receive the same compensation as that

received by the Mayor.

(3) Vacancy in office of Mayor or Council. * * * *

(C) * * * *

Section 6. BE IT FURTHER RESOLVED by the Mayor and Council of the City of

College Park that Article III, “Mayor and Council”, §C3-7, “Assumption of duties” be repealed,

reenacted and amended to read as follows:

§ C3-7 Assumption of duties.

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The [officers] MAYOR AND COUNCIL MEMBERS elected under this Charter shall assume the

duties of their respective offices at the first regular meeting of the Mayor and Council in the

December following election or as soon thereafter as is practicable and, unless removed for cause,

shall continue to serve until their successors are duly elected and installed. In the case of special

elections, [elected officers] MAYOR AND COUNCIL MEMBERS shall assume the duties of

office at a regular meeting as soon after certification of the results of the special election as is

practicable, but no later than during the next calendar month following the election. All officers

appointed by the Mayor and Council pursuant to § C3-6, Vacancies, of the Charter shall assume

the duties of their offices at the meeting of the Mayor and Council at which they are administered

the oath of office and, unless removed for cause, shall continue to serve until their successors are

duly elected and installed.

Section 7. BE IT FURTHER RESOLVED by the Mayor and Council of the City of

College Park that Article IV, “Voting and Elections”, §C4-4, “Other election officials” be

repealed, reenacted and amended to read as follows:

§ C4-4 Other election officials.

Biennially, after PROVIDING PUBLIC NOTICE, [due notice given by posting at City Hall, to

the official City website, to the City-maintained e-mail LISTSERV, and on the City cable channel;

and publication in any City newsletter,] the Supervisors of Elections shall appoint such election

officials as they deem necessary, who shall be compensated by the Mayor and Council, and

conduct an election by ballot for the election of [these officers provided for in this Charter] THE

MAYOR AND COUNCIL MEMBERS. The Supervisors of Elections shall prepare ballots

containing the names of those persons eligible to become candidates for office and designating the

office they seek and, except as otherwise provided herein in this Charter and in Chapter 34 of the

Code, conduct elections under this Charter as nearly as practicable as is now, or hereafter may be,

provided for in the election of officers for Prince George's County under the general election laws.

Section 8. BE IT FURTHER RESOLVED by the Mayor and Council of the City of

College Park that Article VI, “Meetings”, §C6-1, “General provisions” be repealed, reenacted

and amended to read as follows:

§ C6-1 General provisions.

The Mayor and Council shall meet in some convenient place within the City on or before the first

regular meeting of the next calendar month following the election and as often thereafter as may

be necessary in the discharge of its duties; provided, however, that it shall not meet less than once

in every month. In emergency circumstances, when a suitable place is not available in the City,

the Mayor and Council may designate a reasonable alternative location. For purposes of this

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article, "emergency" shall mean circumstances involving natural or man-made disasters, public

health catastrophes, acts of God, or declaration of a state of emergency in the City by a government

with jurisdiction. All meetings of the Mayor and Council herein provided for shall be open to the

public in accordance with state law. [The Mayor shall vote only in the case of a tie vote.] The

Mayor and Council shall pass rules and regulations consistent with the provisions of this Charter

for its own government while in session. THE MAYOR SHALL SERVE AS A MEMBER OF

THE LEGISLATIVE BODY, SHALL PRESIDE AT ITS MEETINGS, AND, EXCEPT AS

OTHERWISE PROVIDED BY LAW, SHALL VOTE ON ALL MATTERS COMING BEFORE

THE COUNCIL IN THE CASE OF A TIE VOTE. The Mayor shall [preside at the meeting of the

Council and shall] call meetings from time to time as he/she may deem necessary.

Section 9. BE IT FURTHER RESOLVED by the Mayor and Council of the City of

College Park that Article VI, “Meetings”, §C6-2, “Quorum and voting requirements” be

repealed, reenacted and amended to read as follows:

§ C6-2 Quorum, PRESIDING OFFICER and voting requirements.

A quorum shall be constituted of five COUNCIL members [of the City Council and the presiding

officer]. THERE SHALL BE A PRESIDING OFFICER. THE MAYOR SHALL SERVE AS

THE PRESIDING OFFICER. IF THE MAYOR IS NOT PRESENT, THE MAYOR PRO TEM

SHALL SERVE AS THE PRESIDING OFFICER. IF THE MAYOR AND MAYOR PRO TEM

ARE NOT PRESENT, THE COUNCIL MEMBERS PRESENT SHALL SELECT A

PRESIDING OFFICER. A COUNCIL MEMBER ACTING AS THE PRESIDING OFFICER IN

THE ABSENCE OF THE MAYOR MAY ALSO BE COUNTED AS PART OF THE

COUNCIL QUORUM AND MAY VOTE AS A COUNCIL MEMBER. THE MAYOR AND

COUNCIL SHALL MAKE PROVISION BY ORDINANCE OR RULE FOR QUORUM

REQUIREMENTS DURING AN EMERGENCY. An affirmative vote of five [elected officials]

COUNCIL MEMBERS shall be required to [amend the charter or] alter an assessment. A[n

affirmative vote of six elected officials] TWO THIRDS VOTE OF ALL THE INDIVIDUALS

ELECTED TO THE LEGISLATIVE BODY (6) shall be required to SPEND MONEY FOR A

PURPOSE DIFFERENT FROM THE PURPOSE FOR WHICH THE MONEY WAS

APPROPRIATED, SPEND MONEY NOT APPROPRIATED AT THE TIME OF THE

ANNUAL LEVY OR transfer funds between major budget items. A MAJORITY VOTE OF

ALL THE INDIVIDUALS ELECTED TO THE LEGISLATIVE BODY (5) SHALL BE

REQUIRED TO ADOPT AN AMENDMENT TO THE CITY CHARTER. Unless otherwise

required HEREIN OR by OTHER law, all other actions of the [City] Council require a majority

vote [of the elected officials] BASED ON THE NUMBER OF COUNCILMEMBERS present at

the meeting. UNLESS OTHERWISE REQUIRED HEREIN OR BY OTHER LAW, FOR ALL

ACTIONS THE MAYOR SHALL VOTE ONLY IN THE CASE OF A TIE VOTE. [A Council

member acting as the presiding officer in the absence of the Mayor may also be counted as part

of the Council quorum and may vote as a Council member. The Mayor and Council shall make

provision by ordinance or rule for quorum requirements during an emergency.]

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Section 10. BE IT FURTHER RESOLVED by the Mayor and Council of the City of

College Park that Article VII, “Powers and Duties of Mayor and Council”, §C7-9, “Refuse

collections and disposal service” be repealed, reenacted and amended to read as follows:

§ C7-9 Refuse collection and disposal service.

The [City] MAYOR AND COUNCIL shall have the power to pass such ordinances as may be

necessary to provide for the establishment and maintenance of a refuse collection and disposal

service. These ordinances shall set forth the rules and regulations that will be applicable to all

property from which refuse is collected.

Section 11. BE IT FURTHER RESOLVED by the Mayor and Council of the City of

College Park that Article VIII, “Ordinances”, §C8-2, “Passage” be repealed, reenacted and

amended to read as follows:

§ C8-2 Passage.

A. A proposed ordinance may be introduced by any member of the [City] Council at any regular

or special meeting of the Council. Prior to formal introduction of the proposed ordinance, the

[City] Council may, at the request of any two Council members, schedule an informational

meeting to present information to the public as to the proposed measure and to receive responses

back from the public, at which meeting a presentation will ordinarily be made by the Mayor and

Council or City staff. Such informational meeting shall be advertised in advance in such manner

as the Mayor and Council deem advisable under the circumstances. Following the informational

meeting, the Council may, in its discretion, recommit the proposed ordinance for discussion to a

work session. Upon formal introduction of the 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 provide public notice of the proposed ordinance or a fair summary thereof together

with the time and place for a public hearing thereon and for its consideration by the Council. The

public hearing shall follow the notice by at least seven 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 MAYOR

AND Council may adopt the proposed ordinance with or without amendments or reject it. As

soon as practicable after adoption, the City Clerk shall provide notice of its adoption and a fair

summary of the ordinance. Except as otherwise provided, every ordinance adopted shall become

effective at the expiration of 20 days after its adoption or at any later date specified therein.

However, with respect to the limited zoning-type ordinances that may be passed by the Mayor

and [City] Council pursuant to the authority of §§ 22-119, 25-301 and 25-303 of the Land Use

Article, Annotated Code of Maryland, the provisions of the Annotated Code of Maryland shall

control as to the effective date of the proposed ordinance.

B. To meet a public emergency affecting life, health, property, the public peace or the sound

operation of the municipal government, the Council may adopt one or more emergency ordinances,

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but such ordinances may not levy taxes, grant, renew or extend a franchise or authorize the

borrowing of money. An emergency ordinance shall be introduced in the form and manner

prescribed for ordinances generally, except that it shall be plainly designated as an emergency

ordinance and shall contain, after the enacting clause, a declaration stating that an emergency

exists. An emergency ordinance may be adopted with or without amendment or rejected at the

meeting at which it is introduced, but the affirmative vote of at least six members of the Council

shall be required for adoption. After its adoption, public notice of the ordinance shall be given as

prescribed for other adopted ordinances. It shall become effective upon adoption or at such later

time as it may specify.

Section 12. BE IT FURTHER RESOLVED by the Mayor and Council of the City of

College Park that Article IX, “Officers and Employees”, §C9-2, “Bonds” be repealed, reenacted

and amended to read as follows:

§ C9-2 Bonds.

All City officers and employees who handle City funds, plus such other personnel as may be

designated in resolution by the Mayor and [City] Council, shall be covered by a bond or insurance

policy, paid for by the City, to indemnify the City from loss. The face amount of the bond or

insurance policy shall be annually determined by the City Manager.

Section 13. BE IT FURTHER RESOLVED by the Mayor and Council of the City of

College Park that Article IX, “Officers and Employees”, §C9-3, “City Manager” be repealed,

reenacted and amended to read as follows:

§ C9-3 City Manager.

A. Administration.

(1) Appointment. The Mayor and [City] Council, by a majority vote of its total membership,

shall appoint a City Manager who shall serve at the pleasure of the Mayor and [City] Council.

The terms and conditions of the City Manager's employment shall be set forth in a written

agreement between the Mayor and [City] Council and the City Manager. The City Manager shall

be appointed solely on the basis of executive and administrative qualifications. The Manager

need not be a resident of the City or state at the time of appointment but may reside outside the

City while in office only with the approval of THE MAYOR AND Council.

(2) Removal. The City Manager may be removed by a resolution approved by vote of six

members of the Mayor and [City] Council. A copy of such resolution shall be served

immediately upon the City Manager.

(3) Acting City Manager. The Assistant City Manager shall act as the City Manager in the

absence of the City Manager. By letter filed with the City Clerk, the City Manager shall

designate a City officer or employee to exercise the powers and perform the duties of the City

Manager during the temporary absence or disability of both the City Manager and the Assistant

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City Manager. The [City] MAYOR AND Council may revoke such designation at any time and

appoint another officer of the City to serve until either the City Manager or the Assistant City

Manager returns. The Mayor and [City] Council also reserves the right to appoint an interim City

Manager during a time period when the City Manager position is vacant. This person shall also

have all of the powers and duties as enumerated in Subsection B.

B. Powers and duties of the City Manager. The City Manager shall be the chief administrative

officer of the City, responsible to the Mayor and Council for the administration of all City affairs

placed in the Manager's charge by or under the Charter. The City Manager shall have the power

and shall be required to:

(1) Appoint and, when necessary for the good of the service, suspend or remove all City

employees and appointive administrative officers of the City, including the Assistant City

Manager, except as otherwise provided for by law, this Charter or personnel rules adopted

pursuant to this Charter. The City Manager may authorize any administrative officer subject to

the Manager's direction and supervision to exercise these powers with respect to subordinates in

that officer's department, office or agency.

(2) Direct and supervise the administration of all departments, offices and agencies of the City,

except as otherwise provided by this Charter or by law.

(3) Attend all meetings of the Mayor and Council, unless excused therefrom by the Mayor, and

attend, when necessary, all committees of the Mayor and Council.

(4) See that all laws and ordinances are duly enforced.

(5) Prepare the budget annually and submit it to the Mayor and Council for approval and be

responsible for the administration of the budget after its approval and adoption.

(6) Recommend to the governing body, at the time the budget is presented, the salaries to be paid

City employees.

(7) Submit to the [City] MAYOR AND Council and make available to the public a complete

report on the finances and administrative activities of the City as of the end of each fiscal year.

(8) Keep the Mayor and Council advised of the financial condition and future needs of the City

and make such recommendations as the City Manager may deem desirable.

(9) Make recommendations to the [City] MAYOR AND Council concerning the affairs of the

City.

(10) Provide staff support services for the Mayor and Council members.

(11) Execute contracts on behalf of the City.

(12) Exercise those duties set forth in the purchasing procedures section of the City Code.

(13) Make investigations into the affairs of the City or any department thereof. Investigate all

complaints in relation to all matters concerning the administration of the government of the City

and in regard to service maintenance by the public utilities in the City and see that franchises,

permits and privileges granted by the City are faithfully observed.

(14) Devote entire time to the discharge of official duties.

(15) Perform such duties as may be required of him/her by the Mayor and/or the Mayor and

Council not inconsistent with any laws or ordinances.

(16) Be divorced completely from the nomination or election of any public official in the City or

Prince George's County and engage in no political activity whatsoever as regards City elections.

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Section 14. BE IT FURTHER RESOLVED by the Mayor and Council of the City of

College Park that Article X, “Finance and Taxation”, §C10-3, “Council action on budget” be

repealed, reenacted and amended to read as follows:

§ C10-3 MAYOR AND [City] Council action on budget.

A. Notice and hearing.

(1) The City shall by public notice provide the general summary of the proposed budget, the

proposed tax rate and the following:

(a) The times and places where copies of the message and budget are available for inspection by

the public at least two weeks prior to the date of the hearing; and

(b) The time and place for a public hearing on the proposed budget and proposed tax rate.

(2) The entire proposed budget shall be available on the City website at least two weeks prior to

the date of the hearing.

B. Constant yield tax rate. In setting the real property tax rate, the MAYOR AND [City]Council

shall conform to the requirements of § 6-308, Constant yield tax rate, of the Tax-Property Article

of the Annotated Code of Maryland, as amended from time to time.

C. Amendment before adoption. After the public hearing, the [City]Council may adopt the

proposed budget, with or without amendment, without the need of further advertising or public

hearings. In amending the proposed budget, it may add or increase programs or amounts and

may deplete or decrease any programs or amounts, except expenditures required by law or for

required debt service or for an estimated deficit, provided that no amendment to the proposed

budget shall increase the authorized expenditures to an amount greater than the total estimated

revenues plus a designation (if any) of the unassigned fund balance.

D. Adoption. The [City]Council shall adopt the budget in the form of an ordinance on or before

May 31 of the fiscal year currently ending. AN [favorable] AFFIRMATIVE vote of a majority of

the total elected membership of the Council (FIVE VOTES) shall be necessary for adoption. If it

fails to adopt a budget by this date, the budget proposed by the City Manager shall go into effect.

E. Notification to county of tax rates. Upon adoption, the Finance Director is authorized to notify

Prince George's County of the City's tax rate. In the event that the City fails to adopt a budget by

May 31, the Finance Director is authorized to notify Prince George's County that the tax rate for

the ensuing fiscal year shall be the same rate as proposed by the City Manager.

Section 15. BE IT FURTHER RESOLVED by the Mayor and Council of the City of

College Park that Article X, “Finance and Taxation”, §C10-4, “Form of budget appropriation and

revenue ordinance” be repealed, reenacted and amended to read as follows:

§ C10-4 Form of budget appropriation and revenue ordinance.

To implement the adopted budget, the [City] Council shall adopt, on or before May 31 of the fiscal

year currently ending, after the public hearing, with or without amendment, and without the need

of further advertising or public hearings, an ordinance in the following form:

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A. An appropriation section making appropriations by department or major organizational unit

and authorizing a single appropriation for each program or activity.

B. A tax levy section authorizing the property tax levy or levies and setting the tax rate or rates.

C. Any other section required to authorize new revenues or to amend the rates or other features

of existing taxes or other revenue sources.

Section 16. BE IT FURTHER RESOLVED by the Mayor and Council of the City of

College Park that Article X, “Finance and Taxation”, §C10-5, “Amendments to budget after

adoption” be repealed, reenacted and amended to read as follows:

§ C10-5 Amendments to budget after adoption.

Except as provided in this section, the City may not expend funds not appropriated at the time of

the annual levy for that purpose.

A. Supplemental appropriations. If the City Manager certifies in writing that there are available

for appropriation revenues in excess of those estimated in the budget for the current or prior

fiscal year, the [City] Council, by budget ordinance procedures, may make supplemental

appropriations up to the amount of such excess for the fiscal year so certified.

B. Emergency appropriations. To meet a public emergency affecting life, health, property or the

public peace, the [City] Council may make emergency appropriations. Such appropriations may

be made by emergency ordinance in accordance with the provisions of § C8-2B.

C. Insufficient appropriations. If at any time during the fiscal year it appears probable to the City

Manager that the revenues, fund balances or retained earnings available will be insufficient to

finance the expenditures for which appropriations have been authorized, the City Manager shall

report to the MAYOR AND [City] Council without delay, indicating the estimated amount of the

deficit, any remedial action taken by the City Manager and recommendations as to any other

steps to be taken. The MAYOR AND [City] Council shall then take such further action as it

deems necessary to prevent or reduce any deficit and for that purpose it may by budget ordinance

procedures reduce one or more appropriations.

D. Transfer of appropriations.

(1) The Council may expend funds for a purpose different from the purpose for which they were

appropriated. At any time the [City] Council may by ordinance transfer part or all of the

unencumbered appropriation from one department, fund or major organizational unit to the

appropriation for other departments, funds, or major organizational units for the current or prior

fiscal year.

(2) The City Manager may transfer part or all of any unencumbered appropriation balance to

another appropriated program or expenditure within a department or organizational unit.

E. * * * *

F. Vote required. [A vote of six members of the [City] Council] A TWO THIRDS VOTE OF

ALL THE INDIVIDUALS ELECTED TO THE LEGISLATIVE BODY (6) shall be required for

the authorization of supplemental and emergency appropriations, reduction of appropriations, or

transfer of appropriations from one department, fund or major organizational unit to another.

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Section 17. BE IT FURTHER RESOLVED by the Mayor and Council of the City of

College Park that Article X, “Finance and Taxation”, §C10-8, “Submission of capital

improvement program; contents” be repealed, reenacted and amended to read as follows:

§ C10-8 Submission of capital improvement program; contents.

A. Submission to Mayor and [City] Council. The City Manager shall prepare and submit to the

Mayor and [City] Council a proposed five-year capital improvement program no later than the

final date for submission of the budget.

B. Contents. The proposed capital improvement program shall include:

(1) A clear summary of its contents.

(2) A list of all capital improvements and other capital expenditures which are proposed to be

undertaken during the five fiscal years next ensuing, with appropriate supporting information as

to the necessity for each.

(3) Cost estimates and recommended time schedules for each improvement or other capital

expenditure.

(4) Method of financing, upon which each capital expenditure is to be reliant.

(5) The estimated annual cost of operating and maintaining the facilities to be constructed or

acquired.

C. The above shall be revised and extended each year with regard to capital improvements still

pending or in process of construction or acquisition.

Section 18. BE IT FURTHER RESOLVED by the Mayor and Council of the City of

College Park that Article XI, “Public Ways, Sidewalks and Special Assessments”, §C11-4,

“Special assessments” be repealed, reenacted and amended to read as follows:

§ C11-4 Special assessments.

A. * * * *

B. The procedure for special assessments shall be as follows:

(1) The costs of the project being charged for shall be assessed according to the front-foot rule of

apportionment or by some other equitable basis to be determined by the Mayor and Council. AN

[majority] AFFIRMATIVE vote of the total Council membership (five votes) shall be necessary

before any adjustment of the assessable footage for any property may be granted.

(2) – (6) * * * *

Section 19. BE IT FURTHER RESOLVED by the Mayor and Council of the City of

College Park that Article XI, “Public Ways, Sidewalks and Special Assessments”, §C11-5,

“Special taxing districts” be repealed, reenacted and amended to read as follows:

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12

§ C11-5 Special Taxing Districts.

A. Establishment; taxes; administration.

(1) * * * *

(2) Contents of ordinance. A special taxing district shall be established by ordinance of the

Mayor and [City] Council. The ordinance shall include the following: findings on the special

benefits to be conferred upon the property within the proposed district; the establishment of the

special taxing district within a described area for a declared purpose; authorization to levy an

annual ad valorem tax within the district for the purposes described; a description of the project,

systems, facilities, services, programs or activities to be undertaken by or on behalf of the

district; the manner of determining and apportioning costs to the districts; authorizing the refund

of resources in excess of that required for the operation and maintenance of the district, and

providing for an exemption for those property owners who meet and satisfy all requirements and

purposes of the district.

(3) * * * *

(4) Administration. The MAYOR AND Council may provide by ordinance or resolution for the

administration of special taxing districts, including the authority to issue regulations, to enter into

contracts for the provision of materials, facilities and services and to coordinate and share

programs and funds within the City of other districts for the benefit of the affected districts.

(5) – (7)* * * *

B. Financing public infrastructure.

[(1)] Authority and purpose. Pursuant to § 21-401 of the Local Government Article, Annotated

Code of Maryland, the City of College Park may, with the consent of at least 2/3 of the owners

of real property located within the special taxing district and the owners of 2/3 of the assessed

valuation of real property located within the district, establish by ordinance, a special taxing

district, levy ad valorem or special taxes and issue bonds and other obligations for the purpose of

providing financing, refinancing, or reimbursement for the cost of the design, construction,

establishment, extension, alteration or acquisition of adequate storm drainage systems, sewers,

water systems, roads, bridges, culverts, tunnels, streets, sidewalks, lighting, parking, parks and

recreation facilities, libraries, schools and other infrastructure improvements as necessary,

whether situated within the special taxing district or the municipal corporation or outside of the

municipal corporation, if notification is given to the governmental unit having jurisdiction over

the infrastructure improvement and if the infrastructure improvement is reasonably related to

other infrastructure improvements within the special taxing district, for the development and

utilization of the land, each with respect to any defined geographic region within the municipal

corporation. The Mayor and [City] Council may implement the authority under this § C11-5B

pursuant to the procedures set forth in § 21-401 et seq. of the Local Government Article,

Annotated Code of Maryland.

Section 20. BE IT FURTHER RESOLVED by the Mayor and Council of the City of

College Park that Article XIII, “Urban Renewal”, §C13-3, “Establishment of agency” be

repealed, reenacted and amended to read as follows:

§ C13-3 Establishment of agency.

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18-CR-02

13

The City may itself exercise all the powers granted by this article or may, if the MAYOR AND

Council by ordinance determine[s] such action to be in the public interest, elect to have such

powers exercised by a separate public body or agency as hereinafter provided. In the event that the

MAYOR AND Council make[s] such determination, THEY [it] shall proceed by ordinance to

establish a public body or agency to undertake in the City the activities authorized by this article.

Such ordinance shall include provisions establishing the number of members of such public body

or agency, the manner of their appointment and removal, the terms of said members and their

compensation. The ordinance may include such additional provisions relating to the organization

of said public body or agency as may be necessary. In the event that the MAYOR AND Council

enact[s] such an ordinance, all of the powers by this article granted to the City shall, from the

effective date of said ordinance, be vested in the public body or agency thereby established, except:

A. The power to pass a resolution to initiate an urban renewal project pursuant to § C13-4 of this

article.

B. The power to issue general obligation bonds pursuant to § C13-9 of this article.

C. The power to appropriate funds, and to levy taxes and assessments pursuant to § C13-2 of this

article.

Section 21. BE IT FURTHER RESOLVED by the Mayor and Council of the City of

College Park that Article XIII, “Urban Renewal”, §C13-4, “Initiation of project” be repealed,

reenacted and amended to read as follows:

§ C13-4 Initiation of project.

In order to initiate an urban renewal project, the MAYOR AND Council shall adopt a resolution

which:

A. Finds that one or more slum or blighted areas exist in such municipality.

B. Locates and defines said slum or blighted areas.

C. Finds that the rehabilitation, redevelopment, or a combination thereof, of such area or areas, is

necessary in the interest of the public health, safety, morals or welfare of the residents of the

City.

SECTION 22. BE IT FURTHER RESOLVED by the Mayor and Council of the City

of College Park that, upon formal introduction of this proposed Charter Resolution, the City

Clerk shall publish this proposed Charter Resolution or a fair summary thereof in a newspaper

having a general circulation in the City of College Park 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 is hereby set for _______ p.m. on the _______ day of ____________________, 2018.

All persons interested shall have an opportunity to be heard.

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18-CR-02

14

SECTION 23. BE IT FURTHER RESOLVED that this Charter Resolution is adopted

this _________ day of _____________________, 2018, and that the amendment to the Charter

of the City of College Park, hereby proposed by this enactment, 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 Charter Resolution shall

be posted in the City offices located at 4500 Knox Road, 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 24. 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 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 Resolution by the Council of the City of College Park or in the

referendum; and (iv) the effective date of the Charter Resolution.

SECTION 25. 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 22 and 24 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

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18-CR-02

15

further cause to be completed and executed the Municipal Charter or Annexation Resolution

Registration Form.

SECTION 26: AND BE IT FURTHER RESOLVED that if any provision of this

Resolution or the Charter adopted by this 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 Resolution or of the Charter 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 ____________________ 2018.

ADOPTED by the Mayor and Council of the City of College Park at a regular meeting on

the ________ day of _______________________ 2018.

EFFECTIVE the ________ day of ________________________, 2018.

ATTEST: CITY OF COLLEGE PARK,

____________________________ By ______________________________________

Janeen S. Miller, CMC, City Clerk Patrick L. Wojahn, Mayor

APPROVED AS TO FORM ANDLEGAL SUFFICIENCY:

______________________________________________

Suellen M. Ferguson, City Attorney

082

Charter Amendment Fact Sheet

April 6, 2018

Prepared by:

Suellen M. Ferguson, Esq.

Victoria M. Shearer, Esq.

Introduction:

The City is a municipal corporation chartered by the State. A Charter provides the

structure of a municipal government. With a few exceptions, the State allows a

municipality to decide how it will govern itself and how it will adopt its laws. The

City of College Park’s Charter provides that the government of the City is vested in

the Mayor and Council. The Mayor and Council are also called the “elected

officials”. The Charter has for many years been read to specifically allow the Mayor

to vote on some matters, such as on the appointment or removal of the City Manager

and on filling vacancies in office, regardless of whether there is a tie, and on General

Motions, Resolutions, Ordinances, and Charter Amendments, if there is a tie (§§C6-

1 and C6-2). A voting chart is attached to illustrate the voting requirements.

In two cases that are covered in the Charter, the State does place restrictions on how

a municipality can take action. These are:

1. Charter Amendments must be adopted by a majority of all the individuals

elected to the legislative body. In the City, this means 5 votes.

2. Spending money for a purpose different from the purpose for which the money

was appropriated, or spending money not appropriated at the time of the

annual levy, must be approved by a two-thirds vote of all the individuals

elected to the legislative body. In the City, this means 6 votes. The Mayor

does not vote to break a tie in this case.

The term “legislative body” is not defined for municipalities in the State code. The

State leaves the definition of legislative body up to the City.

In 2017, the Charter was reviewed by Victoria Shearer as outside counsel. It was

agreed that the super majority vote requirement for charter amendments that was

adopted in the 2017 amendment should be removed from the Charter, because it

conflicted with State law requiring a majority of all the individuals elected to the

legislative body to adopt a Charter amendment. The issue that the words “legislative

083

2

body” did not appear and was not defined in the Charter was also raised. There was

also nothing in the Charter specifically stating that the Mayor was a member of the

“legislative body.” As a result, the Mayor’s ability to break a tie when voting on a

Charter amendment was not specifically provided for in the Charter. To remedy this,

an amendment to the Charter was recommended.

The amendment was drafted to clarify the voting provisions and state which elected

officials are part of the legislative body. The amendment does not expand the

Mayor’s powers to vote. This Charter amendment, 18-CR-02, is designed to make

the voting provisions clear and to maintain the past practice of allowing the Mayor

to vote to break a tie for Charter amendments and other actions. For all other voting

that is not State mandated, it is up to the City to decide who can vote by whatever

words it chooses, and, again, no substantive changes deviating from past practices

are proposed.

Specific Questions:

Is there a conflict between State law and the proposed Charter amendment in 18-

CR-02?

No. The State law says:

The legislative body of a municipality may initiate a proposed amendment to the

municipal charter by a resolution that, except as otherwise provided in this subtitle,

is adopted in the same manner as other resolutions in the municipality by a majority

of all the individuals elected to the legislative body.

State law allows the City to determine who is in the legislative body. The issue to be

remedied by the Charter amendment is not whether the Mayor can be part of the

legislative body with limited voting rights. He can. The issue has been whether this

was clearly stated in the Charter, since the words legislative body did not appear in

the Charter but do appear in State law. Charter amendment 18-CR-02 specifically

includes the definition of legislative body as the Mayor and Council and thus allows

the Mayor to vote on a Charter amendment, but only in the case of a tie. This

amendment does not conflict with State law.

There have already been some changes to the Charter in the last year, what are they?

In the spring of 2017, some changes were made to the Charter. Most of the changes

were just a recodification of the existing Charter. A recodification does not allow

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3

any substantive changes to be made without being identified. At that time, there

was a substantive change made to require a super majority vote to amend the charter.

Over the months that followed, we learned this was not in compliance with State

law. After review of the Charter by outside counsel, a Charter amendment was

adopted in 2018 (18-CR-01), removing this provision.

There have been some proposals to alter the mayor’s voting power. Is that part of

this 18-CR-02?

No. This amendment is intended only to retain the status quo by defining legislative

body. Is does not increase or decrease the Mayor’s voting power or change prior

practice.

Is the Mayor and Council statement from October 18, 2017 in conflict with your

answers?

No. The statement was intended to notify the public that requiring a super majority

to amend the Charter was invalid under State law and that a legal review by outside

counsel was ongoing. By law, adoption of a Charter amendment required a majority

of five, not a supermajority of six, votes of the legislative body of the City. The legal

issue was not whether the Mayor can be part of the legislative body and authorized

to vote, because, clearly, he can. Rather, the issue under review was whether the

Mayor had been clearly made a part of the legislative body in the City’s Charter for

purposes of the State law requirement for Charter amendments. Also, the statement

was not a legal document and did not go into the specifics, as it was used only to

notify the public about the super majority issue and that legal review of the Charter

was ongoing. To read this any other way is to take the statement out of its context.

Is there a required separation of powers for City government?

No. There is no such requirement in the State of Maryland Constitution or laws that

apply to municipal government. Some municipalities have a Mayor, some do not. In

some municipalities the Mayor votes, or votes only to break a tie, and in some the

Mayor does not vote. Some municipalities have managers, some do not. There are

no municipal courts. The City has the power to adopt the form of government that

best meets its needs.

085

V

oting Requirem

ents

A

ction C

ode Section V

oting Requirem

ent D

oes the Mayor V

ote 1

To adopt the City budget

Section C10-3

of the Charter

A m

ajority of the total elected m

embership of the C

ouncil (5) The M

ayor would not vote in this

instance because there is no possibility of a tie.

2 To alter an assessm

ent Section C

11-4 of the C

harter A

vote of five (5) Councilm

embers

The Mayor w

ould not vote in this case, as a tie vote w

ould at most

involve four Councilm

embers.

3 To spend m

oney for a purpose different from

the purpose for which

the money w

as appropriated, spend m

oney not appropriated at the time

of the annual levy, or transfer funds betw

een major budget item

s.

State law

requirement

A tw

o-thirds vote of all the individuals elected to the legislative body (6).

Because a vote of six m

embers of the

legislative body must approve, the

Mayor w

ould not vote in this case.

4 A

uthorization of supplemental and

emergency appropriations, reduction

of appropriations, or transfer of appropriations from

one department,

fund or major organizational unit to

another in the budgetary process.

Section C10-5

of the Charter

A vote of six (6) m

embers of the

Council.

The Mayor w

ould not vote in this case.

5 To adopt an am

endment to the

Charter.

State law

requirement

A m

ajority vote of all of the individuals elected to the legislative body (5).

If the full Council w

as in attendance, and there w

as a tie vote with all

Councilm

embers voting, the M

ayor could vote to break the tie.

6 To enter into a closed session.

Section C

6-3 of the C

harter

A superm

ajority vote of all C

ouncilpersons present (defined as one m

ore than a simple m

ajority of C

ouncilpersons present).

The Mayor w

ould not vote in this case.

086

7 To adopt an em

ergency ordinance Section C

8-2 of the C

harter

The affirmative vote of at least six

mem

bers of the Council.

Because a vote of six m

embers of the

Council m

ust approve, the Mayor

would not vote in this case.

8 To appoint a C

ity Manager

Section C

9-3 of the C

harte r

A m

ajority vote of the Mayor and the

Council.

The Mayor is authorized by the

Charter to vote.

9 To rem

ove a City M

anager Section C

9-3 of the C

harter

A resolution approved by vote of six

mem

bers of the Mayor and C

ouncil. The M

ayor is authorized by the C

harter to vote.

10 G

eneral Motions, R

esolutions, O

rdinances Section C

6-1 of the C

harter

A m

ajority vote of the Mayor and

Councilm

embers attending the m

eeting. The M

ayor votes only in the case of a tie.

11 V

acancies (in office of Mayor and

Council)

Section C

3-6 of the C

harter: B

(1)(b) A

nd C

The vacancy may be filled by

appointment by the M

ayor and Council,

by majority vote.

The Mayor is authorized by the

Charter to vote.

 

087

18-G-64

Appointments to Boards and Committees

088

April 10, 2018 18-G-64

Appointments to Boards and Committees

Mayor Wojahn

• Arelis Pérez to the College Park Housing Authority, to fill the remainder of the term for

Mrs. Thelma Lomax, who has served on the Housing Authority since July 10, 1990 and

resigned at the end of March. The term expires on May 1, 2020.

089

LEGISLATIVE REPORT

090

1

11785 Beltsville Drive, 10th Floor

Calverton, Maryland 20705

(301) 572-7900

Fax (301) 572-6655

www.omng.com

Memorandum TO: Bill Gardiner, Assistant City Manager

City of College Park

FROM: Leonard L. Lucchi, Esquire

Eddie L. Pounds, Esquire

City Lobbyists

DATE: April 6, 2018

RE: Weekly Report

______________________________________________________________________________

The 90-day Maryland General Assembly session ends at midnight on Monday, April 9, 2018. Here is

a listing on the status of the pertinent issues we have tracked for the city:

1. HB 42 - Vehicle Laws - Use of Handheld Telephone While Driving – Penalty – This bill would

establish a maximum fine of $500 for a violation of certain prohibitions against using a

handheld telephone while driving a motor vehicle. The bill was heard in the House

Environment and Transportation Committee on January 25, 2018, where it received a favorable

report and is now on Second Reader. The bill has now passed Third Reader (77-59). Bill

was heard by the Senate Judicial Proceedings Committee on March 20, 2018. Bill has

passed Second Reader with Amendments. Bill has a high likelihood of passage.

2. HB 78 (SB 222) – Foreclosed Property Registry - Updated Information - Notice to Local

Governments – This bill clarifies notification procedures that must be taken by the Department

of Labor, Licensing and Regulation for certain counties and municipalities concerning

information entered into the Foreclosed Property Registry. The House bill was heard on

Tuesday, January 23, 2018, in the House Environment and Transportation Committee, where it

received a favorable report and passed Third Reader (135-0). The House bill received a

Favorable Report by the Senate Judicial Proceedings Committee. The Senate bill was

heard on Wednesday, January 31, 2018, in the Senate Judicial Proceedings Committee

where it received a favorable report and passed Third Reader (44-0). The Senate bill is on

First Reader in the House Environment and Transportation Committee. We believe the

bill has a strong likelihood of passage as it is supported by the Maryland Municipal League.

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2

The House bill “Passed Enrolled” after passing Third Reader (139-0) and will be signed

by the Governor.

3. HB 99 – Small Business Relief Tax Credit – This is the Governor’s response to the General

Assembly’s decision to override his veto of the Maryland Healthy Working Families Act (also

known as the “Paid Sick Leave” legislation). The bill is supposedly designed to provide tax

credits to employers who need help absorbing the impact of the sick leave law. The bill was

heard by the House Committee on Ways and Means on February 21, 2018. Bill unlikely to

pass.

4. HB 140 – Public Safety – Emergency Medical Services – Bicycle Response Unit – This bill

authorizes a municipality to establish (by local ordinance) an emergency medical response unit

that operates by bicycle. Local revenues would not be impacted as the State Emergency

Medical Services (EMS) Board would handle the bill’s fiscal requirements. The bill was heard

by the House Judiciary Committee on January 23, 2018 and received an unfavorable report.

5. HB 165 – Property Tax Credit – Widow or Widower of Veteran – This bill would alter the

eligibility for a credit against the county or municipality property tax for certain veterans, widows

or widowers of certain veterans. The property tax cannot exceed 20% of the county or

municipality’s property tax imposed on the property and is only for a 5-year period. The bill was

heard on February 6, 2018, in the House Ways and Means Committee. The bill is not expected

to gain much traction.

6. HB 182 (PG 404-18) –Prince George’s County-Vacant and Abandoned Property-Foreclosure -

This bill would authorize Prince George's County or a municipality in Prince George's County,

with regard to certain vacant and abandoned residential property in Prince George's County, to

file an action to compel any mortgagees to complete a mortgage foreclosure proceeding or have

the mortgage discharged under certain circumstances. The bill is assigned to the House

Environment and Transportation Committee. The bill is unlikely to pass.

7. HB 206 – Prince George’s County – Alcoholic Beverages – Class BLX License – Movie

Theaters – This bill authorizes the issuance of a Class BLX license to a movie theater under

certain circumstances, including renovations or remodeling exceeding $2,000,000 and if the

theater is geographically situated within certain areas, including the Capital Beltway. The bill is

assigned to the Law Enforcement Committee of the Prince George’s House Delegation. The

bill was heard in the House Economic Matters Committee on February 19, 2018. The bill is

unlikely to pass.

8. HB 208 (PG 407-18) – Prince George’s County – Property Tax – Homeowners Property Tax

Credit Supplement – This bill would require the Prince George’s County Council to grant a

certain property tax credit to supplement the State homeowner’s property tax credit. The bill

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3

was heard by the House Committee on Ways and Means on February 6, 2018. The bill is

unlikely to pass.

9. HB 209 (PG 401-18) – Prince George's County - Asset Transfer for Magnetic Levitation

Transportation System - Municipal Agreements– This bill would require Prince George’s

County to enter into negotiations with a municipality in connection with the development of a

magnetic levitation transportation system (Maglev). The bill is assigned to the Environment and

Transportation Committee. The bill is unlikely to pass.

10. HB 217 (PG 420-18) – Prince George’s County-Authority to Impose Fees For Use of

Disposable Bags – This bill would authorize Prince George's County to impose, by law, a fee on

certain retail establishments for use of disposable bags as part of a retail sale of products;

limiting the amount of the fee to no more than 5 cents for each disposable bag used; and

defining "disposable bag" as a plastic bag provided by a store to a customer at the point of sale.

The bill is assigned to the House Environment and Transportation Committee. The bill is

unlikely to pass.

11. HB 221 – Local Government – School Construction – Permits – Bill requires each county or

municipality to expedite the process for the application and issuance of a permit related to or

required for the construction of a public or private school facility. The bill takes effect July 1,

2018. The bill was heard by the House Appropriations Committee on February 6, 2018 and

passed Third Reader (134-0). The bill is on First Reader with the Senate Budget and

Taxation Committee, where it was heard on March 22, 2018, and received a “Favorable

Report.” Bill “Returned Passed” after passing Third Reader (46-0).

12. HB 231(PG 405-18) – Prince George’s County – Property Tax Credit for Security Camera

Systems – This bill authorizes Prince George’s County to grant, by law, a property tax credit for

residential or commercial property equipped with an exterior security camera system for the

purpose of crime prevention. The bill takes effect June 1, 2018 and applies to taxable years

beginning after June 30, 2018. The bill was heard on January 30, 2018, by the House Ways and

Means Committee. The bill passed out of the Prince George’s House Delegation also voted the

bill out favorable last Friday. The bill received a favorable report by the House Ways and

Means Committee and is now on Second Reader. The bill passed Third Reader (135-0)

and is now on First Reader with the Senate Budget and Taxation Committee, where it was

heard on March 28, 2018. Bill has been held by the Prince George’s Senate Delegation.

Bill not likely to pass this session.

13. HB 232 (PG 402-18) - Prince George's County - Asset Transfer for Maglev - Hearing and

Approval Requirements – This bill would require the Prince George’s County Council to hold a

public hearing before the transfer of an asset of the county as part of the development of a

magnetic levitation transportation system (Maglev) in the county; requiring notice of the public

hearing to be delivered by first-class mail to all homeowners and businesses located within 500

feet of the asset at least 15 days before the public hearing; requiring certain approval by certain

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county and municipal entities of a transfer of a certain asset of the county. The bill is assigned

to the House Environment and Transportation Committee. The bill is unlikely to pass.

14. HB 235 (PG 414-18) – Prince George’s County – School Facilities Surcharge – Affordable

Housing Requirement – The Affordable Housing Act of 2018 - This bill would establish that

certain exemptions from and reductions of the school facilities surcharge on certain residential

construction in Prince George's County do not apply unless at least 20% of the construction is

designated as affordable housing for residents whose income does not exceed 80% of the Area

Median Income for Prince George's County established by the U.S. Department of Housing and

Urban Development. The bill is assigned to the House Environment and Transportation

Committee, where it was heard on March 14, 2018. The bill is unlikely to pass.

15. HB 239 (PG 412-18) – Prince George’s County – Sales of Residential Property – Community

Amenities – Advertising – This bill requires any advertising for the sale of residential real

property in a community development in Prince George's County that will include a certain

community amenity to include a disclosure statement identifying the community amenity and

specifying when the community amenity will be completed; and applying the Act prospectively.

The bill is assigned to the House Economic Matters Committee. We will observe the hearing

once the date has been determined and provide an assessment of likelihood for passage. The bill

is assigned to the County Affairs Committee of the Prince George’s House Delegation, where it

received a favorable with amendment report. The bill received a favorable report with technical

amendments on February 14, 2018, in the House Economic Matters Committee. The bill

passed Third Reader (136-0) and is now on First Reader in the Senate Judicial

Proceedings Committee, where it was heard on March 20, 2018. Bill has passed Third

Reader (44-0).

16. HB 241 (PG 513-18) – Prince George’s County – Telecommunications Transmission Facility

on Public School Grounds – Public Hearing and Notification – This bill would require a

telecommunications company that is proposing to install a telecommunications transmission

facility on public school grounds to first hold a public hearing at the public school located on the

grounds where the installation will occur, before the Chief Executive Officer of PGCPS

executes a notice to proceed with installation. The bill was heard by the House Ways and

Means Committee on February 8, 2018. Bill is not likely to pass.

17. HB 400 – Agriculture – Mosquito Control – Notification to Municipalities – This bill would

require the State, county, or a bi-county agency to give the municipality at least 24 hours

advanced notice before spraying a mosquito control pesticide in the municipality. The bill was

heard in the House Committee on Environment and Transportation on February 7, 2018, which

voted the bill favorable with amendments. The bill passed Third Reader (133-0). The bill is on

First Reader with the Senate Committee on Education, Health and Environmental

Affairs, was heard on March 20, 2018. There was no opposition at the hearing. The bill has

a strong likelihood of passage as it is supported by the Maryland Municipal League.

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The bill “Returned Passed” after passing Third Reader (46-0) and will be signed by the

Governor.

18. HB 410 (PG/MC 108-18) – Maryland – Washington Regional District – Prince George’s

County – Municipal Authority – This bill was first introduced during the 2017 legislative

session, where it passed the House Committee on Environment and Transportation, but despite

tremendous progress and momentum, it failed to receive a vote on the floor of the Senate and

died before the Senate concluded its business on Sine Die. As you may recall, this bill

essentially authorizes a reasonable addition to existing statutory authority as it relates to the

ability of a municipality to regulate fences, by allowing municipalities to prescribe the height of

fences. The bill is assigned to the Bi-County Affairs Committee of the Prince George’s House

Delegation, which passed the bill with technical amendments on Thursday, February 1, 2018.

The bill has passed out of the Prince George’s County and Montgomery County House

Delegations, with the technical amendments. The bill will next be considered by the

Montgomery County Senate Delegation and was heard by the House Environment &

Transportation Committee on March 13, 2018. The bill received a favorable with

amendments report. The bill passed Third Reader (136-0) and is now on First Reader

with the Senate Education, Health and Environmental Affairs Committee, where it will be

heard on today, March 30, 2018. Bill “Returned Passed” after passing Third Reader (46-

0) and is now on its way to be signed by the Governor.

19. HB 412 (SB 207) – Health Insurance – Medical Stop-Loss Insurance – Repeal of Sunset – Bill

would repeal the termination date of certain provisions of law relating to medical stop-loss

insurance. The House bill was heard in the House Committee on Health & Government

Operations on February 7, 2018, where it received a favorable report and has passed Third

Reader (137-0). The House bill is on First Reader with the Senate Finance Committee,

where it was heard on March 22, 2018. The Senate bill was heard in the Senate Committee

on Finance on February 7, 2018, where it received a favorable report and passed Third

Reader (45-0). The Senate bill received a Favorable Report from the House Health and

Government Operations Committee. We believe the bill has a strong likelihood of passage as

it is supported by the Maryland Municipal League.

The House bill “Returned Passed” after passing Third Reader (47-0). The Senate bill

passed Third Reader (138-0).

20. HB 432 (SB 545) – Public Safety – Maryland Violence Intervention and Prevention Program

Fund – Establishment – This bill establishes the Maryland Violence Intervention and Prevention

Program Fund and the Maryland Violence Intervention and Prevention Advisory Council within

the Governor’s Office of Crime Control and Prevention. The purpose of the fund is to (1)

provide funds to local governments for the distribution of grants to implement evidence-based

health programs or evidence-informed health programs and (2) evaluate the efficacy of the

programs funded as a result of the bill. The Governor must annually appropriate at least $5

million to the fund. The bill takes effect July 1, 2018. The House bill is assigned to the House

Appropriations Committee and was heard on February 6, 2018, where it received a favorable

with amendments report. The House bill passed Third Reader (130-5). The House bill is

now on First reader in the Senate Budget and Taxation Committee, where it was heard on

March 27, 2018. The Senate bill is assigned to the Senate Budget & Taxation Committee and

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was heard on February 27, 2017. The bill is supported with amendment by the Maryland

Municipal League.

21. HB 492 – Vehicle Laws – Use of Handheld Telephone While Driving – Penalty – This bill

increases the maximum fine to $500 for unlawfully using a handheld telephone while driving.

The bill repeals the existing, tiered maximum fines for a violation of $75 for a first offense, $125

for a second offense, and $175 for a third or subsequent offense. This bill was heard by the

House Committee on Environment and Transportation on February 15, 2018. The bill has

received an unfavorable report.

22. HB 526 – Income Tax – Angel Investor Tax Credit Program – This bill would allow certain

investors to be eligible for a tax credit against State income tax for investing in a qualified

innovation business. A qualified innovation business does not include a qualified Maryland

biotechnology company or a qualified Maryland cybersecurity company. The bill was heard by

the House Committee on Ways and Means on February 14, 2018. The bill is unlikely to pass.

23. HB 535 (SB 407) – Transportation – Complete Streets Program – Establishment – This bill

establishes the Complete Streets Program as a competitive grant program within the Maryland

Department of Transportation (MDOT). The Governor must annually appropriate a minimum

of $1 million from the Transportation Trust Fund (TTF) for the program. Local governments

that develop complete streets policies and are certified by MDOT may apply for grants from the

program to finance the design and planning of eligible projects. The bill takes effect July 1,

2018. The House bill is assigned to the Environment and Transportation Committee, which

heard the bill on February 22, 2018. The House bill received a favorable with amendments

report. The House bill pass Third Reader (112-23) and is now on First Reader in the

Senate Finance Committee, where it will be heard on April 3, 2018. The Senate bill is

assigned to the Finance Committee and was heard on March 14, 2018. The Senate bill has

passed Second Reader with amendments. The Senate bill passed Third Reader (47-0) and

is now on First Reader in the House Environment and Transportation Committee. The

legislation has a strong likelihood of passage, as it is supported by the Maryland Municipal

League. The House bill passed Second Reader with amendments. The Senate bill has

received a “Favorable Report” from the House Environment and Transportation

Committee.

24. HB 615 – Municipalities – Charter Amendments Procedures – This bill would require a public

hearing be held before the adoption of a resolution initiated by the municipality’s legislative

body that proposes an amendment to the municipal charter, with at least 21 days’ advance notice

of the public hearing. The bill would also require a proposed charter amendment that changes a

municipality’s form of government to be submitted to referendum and approved by the voters at

the next regular municipal general election before it can go into effect. The bill was heard on

February 13, 2018 by the House Environment and Transportation Committee, where it

received a favorable with amendments report. The bill has passed Third Reader (137-0)

and is now on First Reader with the Senate Committee on Education, Health and

Environmental Affairs, and was heard on March 22, 2018. The bill has a strong likelihood

of passage, as it is supported by the Maryland Municipal League, with amendments.

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The bill “Returned Passed” after passing Third Reader (47-0) and will be signed by the

Governor.

25. HB 637 - Counties-Asset Transfer for High-Speed Transportation System – Hearing and

Approval Requirements – This bill establishes additional requirements for a county before it

may transfer an asset of the county as part of the development of the Maglev transportation

system or a high-speed tunnel system that passes through the county. The bill, which is

sponsored by Delegate Valentino-Smith, was heard on February 15, 2018, and received strong

support from the Cities of Bowie, Greenbelt and Bladensburg. The bill is supported by the

Maryland Municipal League, with amendments, however, it appears unlikely to pass.

26. HB 638 – Counties and Municipalities – Asset Transfer for High Speed Transportation Systems

– Agreements – This bill requires a county, before it transfers a county asset located in a

municipality as part of the development of the Maglev transportation system or a high-speed

tunnel system, to negotiate a written agreement with the municipality. The bill, which is

sponsored by Delegate Valentino-Smith, was heard on February 15, 2018, and received strong

support from the Cities of Bowie, Greenbelt and Bladensburg. The bill is supported by the

Maryland Municipal League, with amendments, however, it appears unlikely to pass.

27. HB 672 – Vehicle Laws – Intersections – Prohibited Acts – This bill would prohibit cars from

entering intersections against certain traffic signals if the vehicle is unable to safely and

completely proceed through the intersection. The bill was heard by the House Committee on

Environment and Transportation on February 22, 2018. The bill has passed Second Reader

with amendments. The bill passed Third Reader (126-11) and is now on First Reader in

the Senate Judicial Proceedings Committee, where it was heard on April 3, 2018.

28. HB 677 (SB 477) – Public Information Act – Required Denials – Physical Addresses, E-Mail

Addresses, and Telephone Numbers – This emergency bill requires a custodian to deny, under

the Maryland Public Information Act (PIA), any request for inspection of a distribution list and a

request to be added to a distribution list, if that list identifies a physical or email address or a

telephone number of an individual that is used by a governmental entity or an elected official for

the sole purpose of (1) periodically sending news about the official activities of the

governmental entity or elected official or (2) sending informational notices or emergency alerts.

The House bill was heard on February 21, 2018, by the Health & Government Operations

Committee and passed Second Reader with amendments. The House bill passed Third

Reader (132-4) and is now on Second Reader in the Senate Education, Health and

Environmental Affairs Committee. The House bill “Returned Pass” after passing Third

Reader (45-0). The Senate bill was heard on February 14, 2018, by the Education, Health and

Environmental Affairs Committee and passed Third Reader (47-0). The Senate bill is now on

First Reader with the House Health and Government Operations Committee. The Senate

bill received a Favorable Report from the House Health and Government Operations

Committee after it was heard on March 21, 2018. The legislation has a strong likelihood of

passage and is supported by the Maryland Municipal League.

The Senate bill passed Third Reader (133-5).

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29. HB 686 (SB 742) – Income Tax – Wynne Case – Local Government Repayments to the Local

Reserve Account - This bill delays by two years the time period in which local jurisdictions

must reimburse the local income tax reserve account pursuant to specified refunds resulting

from the final decision under Maryland State Comptroller of the Treasury v. Brian Wynne, et

ux., 431 Md. 147 (2013) (Wynne case). The House bill was heard by the Ways & Means

Committee on February 21, 2018, where it received a favorable with amendments report and

passed Third Reader (137-0). The House bill is scheduled to be heard by the Senate Budget

and Taxation Committee on March 20, 2018. The Senate bill was heard by the Budget &

Taxation Committee on February 21, 2018, where it received a favorable report and passed

Third Reader (44-1). The Senate bill was heard by the House Ways and Means Committee

on March 21, 2018. The bill has a strong likelihood of passage, as it is supported by the

Maryland Municipal League.

The House bill “Returned Passed” after passing Third Reader (42-5). The Senate bill

passed Third Reader (136-0).

30. HB 695 – Open Meetings Act – Closed Meetings – Cybersecurity – This bill authorizes a public

body to meet in closed session to discuss cybersecurity, under the Open Meetings Act, if the

public body determines that public discussion would constitute a risk to specified security

assessments, deployments, or network security information. The bill was heard by the House

Health & Government Operations Committee on February 21, 2018, where it has passed Second

Reader with amendments. The bill has passed Third Reader (137-0) and was heard by the

Senate Committee on Education, Health and Environmental Affairs on March 22, 2018.

The bill “Returned Passed” after passing Third Reader (45-0). The bill has a strong

likelihood of passage as it is supported by the Maryland Municipal League.

31. HB 714 – Vehicle Laws – HOV Lanes – Plug-In Electric Drive and Hybrid Vehicles – This bill

extends the termination date to September 30, 2018, for “qualified” hybrid and plug-in electric

cars to use certain HOV lanes regardless of the number of passengers. The bill was heard by the

House Committee on Environment and Transportation on February 22, 2018. The bill passed

Third Reader (133-5). The has received a Favorable Report by the Senate Judicial

Proceedings Committee. The bill “Returned Passed” after passing Third Reader (38-8).

32. HB 750 – Economic Development Income Tax Credits – Multiple Claims – Prohibition – This

bill would prohibit individuals from claiming multiple income tax credits for certain economic

development projects. The bill was heard by the House Committee on Ways and Means on

February 21, 2018. Bill unlikely to pass.

33. HB 807 (SB 516) – Transportation – Highway User Revenues – Distribution – This bill alters

the distribution of funds in the Gasoline and Motor Vehicle Revenue Account (GMVRA) of the

Transportation Trust Fund (TTF) over two years beginning in fiscal 2020 to provide 86.8% to

the Maryland Department of Transportation (MDOT) and 13.2% to local jurisdictions

distributed as follows: Baltimore City (8.9%) and municipalities (2.8%). The county

distribution (1.5%) is not altered by the bill. The bill takes effect July 1, 2018. The House bill

was heard on February 22, 2018, by the Environment & Transportation Committee and has

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passed Second Reader with amendments. The Senate bill was heard on March 7, 2018, by the

Senate Budget & Taxation Committee. We last reported that the House bill appeared to be

advancing after signs pointing to the bill marking a negotiated “deal” including legislative

leaders from both chambers, clearing its path to passage this session. There is now an

agreement in the Senate as well. This is a compromise amongst the Maryland Municipal

League, the Maryland Association of Counties and Leadership. The legislation does not

fully restore what municipalities once received, however it is still better than what

municipalities are currently receiving. The funding is said to be guaranteed for five (5)

years, which should provide for more predictability in budgeting.

The House bill passed the entire House. The bill will increase municipal share of HUR

funding from .4% to 2.0%, which equates to approximately $38 million per year for

municipalities in funding for five years beginning in fiscal year 2020. After five years, the

formula reverts back to .4% of HURs going to municipalities, the thought being that

during that five years, local governments will work with legislators to identify and pass a

permanent “fix” for local transportation funding beyond fiscal year 2024. The Senate bill

was amended to match the House bill.

The House bill was heard in the Senate chamber on March 29, 2018, where it received a

“Favorable with Amendments” report. The Senate bill is on First Reader with the House

Environment and Transportation Committee.

The House bill returned “Passed Enrolled” after passing Third Reader (137-0). The

Senate bill passed Second Reader with amendments.

34. HB 829 (SB 730) – Local Government – Municipal Elections – No-Excuse Absentee Voting -

This bill prohibits a municipality from requiring an individual to provide a reason that the

individual will be unable to vote in person on Election Day in order to vote by absentee ballot.

The bill takes effect June 1, 2018. The bill is assigned to the House Ways and Means

Committee, where it was heard February 16, 2018, and received a favorable report. The House

bill passed Third Reader (135-0). The House bill passed Third Reader (135-0) and has

received a “Favorable Report” from the Senate Committee on Education, Health and

Environmental Affairs. The Senate bill is assigned to the Senate Education, Health and

Environmental Affairs Committee, where it was heard on March 1, 2018. The Senate bill

passed Third Reader (38-7) and is now with the House Ways and Means Committee,

where it was heard on March 27, 2018, and received a “Favorable Report.” This bill has a

strong likelihood of passage as it is supported by the Maryland Municipal League. The House

bill “Returned Passed” after passing Third Reader (35-11). The Senate bill also

“Returned Passed” after passing Third Reader (133-1).

35. HB 1361 – Transportation – Motor Fuel Tax and Highway User Revenue – Increased Local

Share – This bill alters certain motor fuel tax revenue to a certain account that is shared with

local governments. The bill will be heard by the House Environment & Transportation

Committee on today, March 9, 2018. The bill is supported with amendment by the Maryland

Municipal League. Bill received an unfavorable report.

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36. HB 1405 (SB 605) – Transportation – Highway User Revenues – Phased Restoration of County

Share – This bill increases the portion of highway user revenues that is distributed to county

governments and repeals other obsolete language. The House bill will be heard on today, March

9, 2018, by the Environment & Transportation Committee. The House bill received an

unfavorable report. The Senate bill was heard on February 27, 2018, by the Budget &

Taxation Committee. The bill is supported with amendment by the Maryland Municipal

League.

37. HB 1406 (SB 872) – Vehicle Laws – Special Event Zones – This emergency bill authorizes the

State Highway Administration (SHA), on its own initiative or at the request of a local authority,

to designate an area on a State highway as a “special event zone.” Likewise, a local authority

may designate an area on a highway under its jurisdiction as a “special event zone.” In either

case, SHA or the local authority may reduce speed limits in the affected location after a

determination that the change is necessary for public safety. The bill establishes a new

prohibition on speeding within such zones and specifies that several existing violations are

subject to higher penalties in those locations while pedestrians are present. The lower speed limit

for a special event zone takes effect when posted. The House bill was heard by the Environment

& Transportation Committee on March 2, 2018. The Senate bill was heard by the Judicial

Proceedings Committee on February 27, 2018. The Senate bill received a favorable with

amendments report. The Senate bill passed Third Reader (46-0) and is now on First

Reader in the House Environment and Transportation Committee. This legislation has a

strong likelihood of passage as it is supported by the Maryland Municipal League. The House

bill is in the Senate Rules Committee. The Senate bill has now passed Second Reader.

38. HB 1420 – Environment – Stormwater Management - Nontidal Floodwater - This bill

authorizes a county or municipality to use money in its local watershed protection and

restoration fund for projects to manage extreme volumes of nontidal floodwater in areas where

historical nontidal flooding problems exist. The bill takes effect June 1, 2018. The bill was

heard by the House Environment & Transportation Committee on February 28, 2018. The bill

has received a favorable with amendments report. The bill passed Third Reader (137-0)

and is now on First Reader in the Senate Education, Health and Environmental Affairs

Committee, where it will be heard on April 3, 2018. This legislation has a strong likelihood

of passage as it is supported by the Maryland Municipal League. The bill has now passed

Second Reader.

39. HB 1540 – Health Care Facilities – Closing or Partial Closing – Public Notice - This bill

expands specified notice requirements related to the closing or partial closing of a health care

facility. All costs incurred by the Maryland Health Care Commission (MHCC) in providing

notice of the proposed closing or partial closing must be paid by the person proposing to close or

partially close a health care facility. MHCC is authorized to require the person proposing the

closure or partial closure of a health care facility to publish and send the required notices. The

bill was heard by the House Health & Government Operations Committee on March 2, 2018.

This legislation was thought to have a strong likelihood of passage, as it is supported by the

Maryland Municipal League, but it appears that the bill is unlikely to pass.

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40. HB 1604 (SB 1081) – Business Regulation – Limited Residential Lodging – This bill alters

certain definitions to ensure that an innkeeper of certain limited residential lodging has the same

rights and responsibilities as that of an innkeeper of a lodging establishment. The House bill

was heard on March 9, 2018, by the Economic Matters Committee. The Senate bill was heard

on March 20, 2018, by the Finance Committee. The House bill received an Unfavorable

Report.

41. HB 1742 – Railroad Companies – MAGLEV Projects – County Approval – This bill prohibits a

railroad company from constructing, building, or locating any railroad facility for a railroad

powered by a magnetic levitation propulsion system in any county without the consent of the

county governing body. The legislation is supported with amendment by the Maryland

Municipal League. The bill was heard by the House Environment and Transportation

Committee on March 15, 2018. The bill does not appear to be moving.

42. HB 1767 (SB 1188) – Wireless Facilities – Permitting and Sitting – This bill concerns

telecommunication preemption and specifies requirements for local governments as it relates to

the permitting and sitting of wireless facilities and associated poles. The House bill is currently

in the House Rules and Executive Nominations Committee. The Senate bill has been referred to

the Senate Finance Committee. The bill is unlikely to pass.

43. SB 154 – Transportation – Highway User Revenues – Phased Restoration – This bill is designed

to increase the portion of highway user revenues that is distributed to local governments and

otherwise alters the allocation of the local share of highway user revenues amount Baltimore

City, counties and municipalities. The bill was heard by the Senate Budget & Taxation

Committee on January 31, 2018. The Maryland Municipal League has offered support but with

amendments. This bill’s lead sponsor is Senator Roger Manno (D). Bill unlikely to pass.

44. SB 177 – Electric Vehicle Recharging Equipment Rebate Program and Electric Vehicle Excise

Tax Credit – Fiscal Year 2017 Applicants – This bill establishes a qualified plug-in electric

vehicle excise tax credit and Electric Vehicle Recharging Equipment Rebate Program for a

person who qualified for the programs during fiscal year 2017 but did not receive an incentive

due to the limitation on the total amount of incentives that could be awarded in the fiscal year. A

person must meet applicable fiscal year 2017 eligibility requirements and the incentives are

equal to the amounts that were in effect during that fiscal year. The bill takes effect July 1, 2018

and terminates June 30, 2019. The bill was heard by the Senate Budget and Taxation Committee

on January 30, 2018. The Senate The bill is unlikely to pass.

45. SB 179 – Property Tax Credits – Real Property Used for Robotics Programs – This bill allows a

municipality to grant, by law, a property tax credit against the municipal corporation property

tax imposed on real property that is exclusively used for public school robotics programs or

nonprofit robotics programs. The bill was heard by the Senate Committee on Budget and

Taxation on January 30, 2018, where it received a favorable with amendments report and

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passed Third Reader (46-0). The bill is now in the House Ways and Means Committee on

First Reader, where it was heard on March 20, 2018.

46. SB 223 – Transportation – Highway User Revenues – Allocation - This bill is designed to

increase the portion of highway user revenues that is distributed to local governments and

otherwise alters the allocation of the local share of highway user revenues amount Baltimore

City, counties and municipalities. The bill was heard by the Senate Budget & Taxation

Committee on January 31, 2018. The Maryland Municipal League has offered support but with

amendments. This bill’s lead sponsor is Senator Steve Waugh (R). Bill unlikely to pass.

47. SB 228 – Cybersecurity Investment Incentive Tax Credit – Eligibility, Appropriation, and

Sunset Extension - This bill extends through fiscal year 2023 the termination date of the

cybersecurity investment incentive tax credit. The bill also (1) requires the Governor to

appropriate at least $5 million to the program in each fiscal year; (2) alters the program by

specifying that the investor who makes the qualifying investment in a Maryland cybersecurity

company claims the tax credit instead of the cybersecurity company; and (3) establishes that a

cybersecurity company includes an entity that becomes duly organized and existing under the

laws of any jurisdiction for the purpose of conducting business for profit within four months of

receiving a qualified investment and provides for recapture of the credit if the entity does not

satisfy this requirement. The bill takes effect June 1, 2018 and applies to tax credit certificates

issued after June 30, 2018. The bill was heard by the Senate Budget and Taxation Committee

on January 31, 2018. The bill received a favorable with amendments report. Bill passed

Third Reader (47-0) and is now on First Reader in the House Ways and Means

Committee, where it was heard on March 28, 2018. The bill has passed Second Reader

with amendments.

48. SB 305 (HB 363) – More Jobs for Marylanders Act 2.0 – This Administration bill is an

extension of what was one of Governor Hogan’s top legislative priorities of 2017, the More Jobs

for Marylanders Act 2017, which was designed to incentivize and encourage manufacturers to

create jobs in areas of Maryland that need jobs the most. This bill is designed to spur further job

creation by expanding its reach to other business sectors. The Senate bill was heard by the

Senate Budget and Taxation Committee on February 21, 2018. The House bill was heard by the

House Committee on Ways and Means on February 28, 2018. Bill unlikely to pass.

49. SB 310 (HB 364) - CyberMaryland Act of 2018 – This Administration bill is designed

encourage Maryland small businesses to improve their cybersecurity by providing for a tax

credit of up to $50,000 for the cost of cybersecurity technology purchased from Maryland

cybersecurity firms. The Senate bill was heard by the Senate Committee on Budget and

Taxation on February 21, 2018. The House bill was heard by the House Committee on Ways

and Means on February 21, 2018. Bill unlikely to pass.

50. SB 966 – RISE Zones – Expansion and Income Tax Credit – The RISE Zone program was

passed into law in 2014 by the state legislature to attract and retain businesses in certain areas of

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growth by giving state tax credits to boost economic development. This bill repeals the

limitation on the number of RISE Zones that may be approved in a county or municipal

corporation and specifies that all applications that qualify for a tax credit certificate will be

approved by the Secretary of Commerce and the Maryland Technology Development

Corporation on a first-come, first-served basis. Additionally, the bill clarifies that a tax credit

certificate cannot exceed 50% of the increase in the business entity’s gross revenue over the

preceding taxable year and cannot be issued for more than $100,000. The bill was heard by the

Senate Budget and Taxation Committee on March 14, 2018. The bill received a favorable

with amendments report. The amendments are as follows:

- Limits yearly cap to $3m (from $10m)

- Limits per company credit to $50k (from $100k)

- Includes the TIF amendment

- Allows up to 6 RISE zones per jurisdiction, not unlimited

Bill passed Third Reader (46-0) and is now on First Reader in the House Ways and

Means Committee, where it was heard on March 28, 2018.

At the hearing, Del. Jay Walker asked why an injection of additional capital was

needed for a program that was already in existence.

Bill is being held by Del. Jay Walker’s subcommittee. Not likely to pass this session.

51. PG 501-18 – Prince George’s County – Elementary School – Limit on Class Size – This local

bill would require the Prince George’s County Board of Education to limit the number of

students assigned to a classroom teacher of students in Grade Kindergarten through Grade 3 in

the county public schools. The bill passed favorable out the Education Subcommittee with

an amendment to provide that the Board of Education will establish this policy on or

before the 2020-2021 school year. The House Delegation also voted the bill out favorable

as amended. Bill will not pass this year.

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