All posts by Jason Damweber

Building A Livable Community for All: Housing and Economic Development Strategic Plan

Since our Community Conversation on Affordable Housing in February 2016, the City Council and staff have been working on a Housing and Strategic Development Plan. This multi-year process of research, staff facilitation, community discussion and Council consideration have led to the current draft of the strategic plan: “Building A Livable Community for All: Housing and Economic Development Strategic Plan.”

We knew when we started this process the importance of addressing housing affordability in our community. The need has only increased and become ever more urgent. We need to move forward with an aggressive plan to address the needs of people in our community, protect renters, homeowners, and local businesses from displacement, and to advance our efforts to fight climate change and create a more equitable community. On a daily basis, our city staff is working with individuals and families who face a housing crisis whether it is needed repairs, inability to pay rent or utilities, or inability finding an affordable home. We need to establish policies, programs, and advocate at the state and county level to help us address these problems not just in the near term but in the future as well.

When I first moved to Takoma Park from DC I was able to rent a small home on Philadelphia Avenue while my husband and I

saved the money and borrowed from our parents to purchase our first home on Elm Avenue. We have been here for almost 25 years and raised our family. Unfortunately, the opportunities to rent a small home and then save up and find a home to purchase have all but disappeared and for too many people these opportunities never existed. We need to work so that we have a range of housing options in our community for the young couple starting a family, the police officer, teacher or others who work in the city and want to live here, the senior looking to downsize but stay close to neighbors, and many others. This goes to the heart of who we are – a welcoming, diverse, inclusive community.

The adoption of the plan is not the end of our work but really just the beginning. Over the last 3 and half years, we have compiled a lot of data and feedback. You can find all it on the project page

The objective of this current document is to take all that we have been working on the last few years and boil it down to our vision, goals, and objectives to provide a road map for the work ahead. We plan to use this as document to set priorities for the staff, our budget, as well as advocate at the county and state for the changes needed to implement our vision.

Staff has started putting together an implementation plan which they presented in June. You can find it here. We have also started working on indicators in order to mark our progress in meeting our goals and objectives. Once we have this finalized the overall plan, we will be putting in place the indicators.

Over the next couple of weeks, the Council will continue its discussion of the plan, and I’d love your feedback. Please email me and other members of Council your thoughts at Kates@takomaparkmd.gov. Our goal is have the plan adopted by the end of October so we can start advocating at the county and state level for changes we need to implement many of these ideas.

How the SHA Takoma Junction Vision Study Can Help Businesses

City Manager Suzanne Ludlow

Tonight is the first of two Maryland State Highway Administration (SHA) Takoma Junction Vision Study community meetings regarding the Takoma Junction roadways, Philadelphia Avenue (MD 410) and Carroll Avenue (MD 195). This session, Part I – Crafting a Vision Statement, runs from 6 pm to 8:30 pm and is open to all.  Next Monday’s session is Part II – Bringing the Vision to Life; June 10, 6 pm – 8:30 pm.  Both sessions will be held at the Takoma Park Seventh Day Adventist Church, 6810 Eastern Avenue, N.W. Washington, D.C. 20012

I hope you will participate in these meetings. And, I hope you will include a healthy business district as part of the “vision” for the Junction. While the City can assist businesses in a number of different ways, there are two areas that SHA is best able to address:  the configuration of the intersection, and accommodation of truck deliveries for the area businesses.

Intersection Configuration

At a meeting that SHA held with Takoma Junction businesses, there was a statement made by the meeting facilitator that “residents don’t want a change to the intersection.” The intersection is failing now, according to SHA’s own traffic metrics as well as two recent traffic studies. Several business representatives noted that they would like to see a change in the intersection to make it work better. But, what was not said there, and what seems to have been forgotten in recent months, is this: under Montgomery County law, without a change in the intersection configuration, NO area business will be allowed expand its building by even 1000 square feet or by a change to a use that increases traffic demand by even one car.

I have heard from some folks that, rather than the two-story neighborhood commercial building that is proposed for the City’s lot, they would prefer a smaller building, a park, or an expanded TPSS Co-op. None of that would be allowable under County law unless significant intersection improvements are made. Improving crosswalks and bike facilities alone will not be sufficient to meet the County law regarding traffic.

How does this work elsewhere in Montgomery County? Montgomery County exempts whole commercial districts from its traffic requirements! But areas with small independently-owned businesses are left with burdensome requirements that hinder their success. I am not asking to have the area become exempted from the County law, but as a community, we need to recognize how the commercial properties in the Junction are and will be constrained by this law if the intersection configuration is not addressed in the near future. And, because the intersection is failing now, real infrastructure improvements need to be made.

Deliveries

In historic neighborhood commercial areas, deliveries were made to the businesses from the street or from a back alley. In Takoma Park space is limited and the topography is difficult behind the properties. The only location for deliveries for most of the properties in the Junction is from land that is part of the State Highway right of way.  How can these deliveries be accommodated, while protecting residential areas and also ensuring pedestrian and vehicular safety in the area? What real options are available to accommodate grocery, restaurant, and package delivery businesses in the Junction?

The Junction intersection is a difficult, congested area now. “No change” is not an acceptable option; without any improvements, the traffic will only continue to worsen and the area will be less hospitable to pedestrians, transit users and business patrons. The current delivery situation is dangerous and illegal, and presents on-going and growing challenges.

SHA has similar districts across Maryland and many talented engineers and designers. This is their opportunity to be creative and show how historic main streets and their businesses can survive and evolve and remain the heart of their communities.

There are many opinions about certain aspects of use and development in the Junction area. What I think most of us can agree on, however, is that Takoma Park wants a healthy, vibrant and safe business community at the Takoma Junction. Let’s strongly urge the Maryland State Highway Administration to do the work to get us there.

Statement from Police Chief regarding Recent Report of Suspicious Activity and TPPD Response

The Takoma Park Police Department takes seriously all interactions between residents and officers. Once learning through a Facebook post on May 17,  2019 about an incident that occurred on May 13, 2019 on Crescent Place we began an internal review of the incident.

In addition to speaking to the individual who shared his concerns on Facebook, we conducted a review of the incident, which involved review of the incoming call and body worn camera video from the officers who responded to the scene. Two Takoma Park officers responded to the scene after a call from a resident reporting suspicious activity was received. The owners of the house were out of town and the adult son, who did not currently reside at the residence, and his band members were staying at the residence.

Once on the scene our officers quickly realized that that situation was not what was perceived by the resident who made the call and relayed that to the individuals involved. The officers confirmed that the individuals were affiliated with the house they were in front of and left the scene. On two separate occasions the officers can be heard explaining why they responded and apologizing to the involved individuals for the situation.

Our review of the incident found the officers followed police procedures and protocols in responding to a call about suspicious activity.

Mayor Stewart and I both spoke directly to the individual who made the original Facebook post to provide additional information and he is understanding of the police response.

If anyone has an interaction with a police officer that was not professional or respectful please contact me directly, the City Manager or Mayor.

 

Updates:

5/21/19
Police Chief Tony DeVaul releases body-worn camera footage of the call for service on May 13, 2019 on Crescent Place: https://youtu.be/1nWqcBxrBAU.

5/29/19
Police Chief releases written redacted text of incoming call for service on May 13, 2019. Click here

Throwback Thursday – to 25 Years Ago

City Manager Suzanne Ludlow, Circa 1997

From Suzanne Ludlow, City Manager of Takoma Park

Twenty-five years ago today, I walked into a much smaller Takoma Park City Hall building for my first day of work with the City. As I moved things into my new office, I met Bruce Williams, just elected to the Council. Other Councilmembers I remember early on were Mayor Ed Sharp, Kathy Porter and Marc Elrich.

My first days were a whirlwind. My first assignment was to coordinate notifying residents near Sligo Creek that WSSC’s start of construction that week of a pipeline and hiker-biker trail along the creek would chase rats into adjacent neighborhoods. I jumped into unfinished, and sometimes contentious, work on plans regarding affordable housing, transportation and open space. My father-in-law, with whom I was staying at first, worried about my many late meetings and the stress level of the work.

My husband and I soon rented a place near the TPSS Food Co-op on Sligo Avenue. While I had known of Sammie Abbott for years, I learned more about Takoma Park’s history with the Seventh Day Adventist Church, it’s declining reputation as “Tacky Park,” how large divided houses were made to “phase back” to single family homes. I learned that more folks from Central America lived in Ward 6, from Vietnam in Ward 5, long-time African American residents tended to live in Wards 4 and 2, and a growing number of folks from Ethiopia and West Africa were moving into apartments in the heart of town.

Each time a resident called for service, I learned to ask if they lived in Montgomery or Prince George’s County because different regulations applied and different grants were available. The County line that separated the city went through people’s homes and sent kids from the same neighborhood to different schools. State and County officials tended to overlook Takoma Park because the whole city wasn’t in their jurisdiction, so advocacy on behalf of residents was very difficult.

While much was special about City services, including the recreation programs, recycling, tree protection and individual attention to resident needs, I saw problems within the City operations. Our rudimentary computers were maintained by a code enforcement employee who worked on them in his spare time, personnel policies were inconsistent, and, most concerning, financial practices were questionable.

From 1995-1997, I oversaw the logistics of “Unification” which was the moving of the county line so that all of Takoma Park was in Montgomery County. It was an intense education in the intricacies of the services of both counties. In 1995, the Pinecrest neighborhood applied for annexation into Takoma Park so that it would not be an unincorporated outpost of Prince George’s County west of New Hampshire Avenue after Unification took place. That neighborhood had little stormwater infrastructure, terrible roads, and the residents were mostly older people in modest homes.

As Unification became effective in 1997, I was appalled to learn that many residents on the Prince George’s County side of the City had their insurance rates lowered simply by “moving” to Montgomery County – insurance red-lining continues to exist.

Before coming to Takoma Park I was a city planner in Greensboro, NC and Rochester, NY. That training was helpful in coordinating the City’s response to proposals to develop at the Takoma Metro property and Washington Adventist Hospital. The biggest project, however, was revealed to me at a Maryland Alternatives to the Beltway Open House. It turns out that road engineers had determined that only a light rail line through Silver Spring and Takoma Park would be able to accommodate the number of east-west travelers predicted to travel through the area. As the only Takoma Park representative at the meeting, all of the engineers wanted to talk to me. Would Takoma Park oppose the project? After a good amount of study and Council consideration, the City of Takoma Park pushed for the Purple Line, recognizing the long-term environmental and economic benefits for the City.

For years, part of my job was to be a lobbyist for the City, and the City was successful in protecting many of its values – as a Sanctuary City, supporting same sex couples, having rent stabilization – from State legislation that would undermine them and in gaining funds for expanding City Hall into the Community Center of today.

Before information was available on line, I found out when to testify in Annapolis from schedules received in the mail or by concerned staff in Senator Ida Ruben’s office giving me a hurried phone call.

As City Managers changed, City financial management, construction oversight and personnel policies were greatly improved. I learned more and more about best practices in city operations, emergency management, labor law and budgeting and became the Deputy City Manager. After two stints as Acting City Manager, I was appointed City Manager in April 2015.

As I look back, there are many things that are the same: the hours are long, resident engagement is high and the issues of affordable housing, transportation, and protecting community values remain. Some of the changes are remarkable: City staff are more professional, the City’s financial management is excellent, the Pinecrest neighborhood is full of young families, the Vietnamese families have all moved away, and the Purple Line is being constructed. Plus, cell phones! It all blends together in my mind until I remember that I attended that first Purple Line meeting with my four year old son and now he is out of college.

There are a number of City staff that were here when I started – Daryl Braithwaite and Ellen Robbins are among them. But, there are more staff now that weren’t even born when I was hired in 1993! No matter the age, though, I appreciate the comradery. Whether it’s a friendly honk from a Public Works guy passing me on the street, Rec staff helping me close the buildings during a snow storm, or creative brainstorming with folks from several departments trying to address a problem, I thoroughly enjoy working with the great staff of the City of Takoma Park.

I’ve also enjoyed working with the Councilmembers, as well as elected officials and staff from other governmental bodies. Residents should feel truly proud of the dedicated public servants who work on their behalf.

Some of my most valued connections, though, are with the Takoma Park residents that I’ve worked with on projects, as well as those who know me better as Langston’s mom, Vince’s wife or Anne’s daughter.

In the next few years, large changes will come to Takoma Park. With the skills and strong will of the Council, community and staff, I believe most of the changes will be positive. The biggest threats to Takoma Park are climate change and the cost of housing in the DC area. What Takoma Park has going for it, though, are the young leaders already making their mark. They are really something!

Wonder what Takoma Park will be like in 2043?

Why Now?: Regulating Small Cell Antennas in Takoma Park

From Suzanne Ludlow, City Manager of Takoma Park

(See also: Message from the Takoma Park City Attorney Regarding the Proposed City Code Amendments to Regulate the Installation of Cell Antennas and Support Structures in City Rights of Way)

I am writing to follow up and provide more background on what the City is doing regarding “small cell antennas” and why I am encouraging the City Council to proceed with amending its regulations regarding telecommunications equipment in the City rights of way.

First, the goal of the City’s proposed regulations on small cell antennas is to protect the City of Takoma Park from unregulated installation of small cell antennas in our rights of way. We currently have no process or protections in place, so if applications are submitted, we simply must comply with existing regulations which are very unfriendly to local governments. The FCC’s recent order, “Streamlining Deployment of Next Generation Wireless Infrastructure Declaratory Ruling and Third Report and Order,” goes into effect on January 14, 2019. If we do not put criteria in place regarding location, placement, aesthetics and fees before an application is received, the installation companies would not likely have to adhere to reactive regulations. At the very least they would be challenged.

Second, we are not legally able to bar the antennas. The County’s provisions under discussion apply to private property in Takoma Park but do not apply in the City’s right of way where many of these antennas are likely to be placed. The City Code’s current provisions regarding permits for activity in the right of way do not directly address these structures or attachments and have little in the way of criteria that would address location, placement, aesthetics, notification process or fees. To be very clear, the City strongly opposes the FCC’s preemption of the City’s authority over its rights of way, and we are glad there are lawsuits filed against the FCC action. And again, in order to have any way to respond to an application for these antennas at the present time, we need to have criteria in place.

Third, the discussion about preparing for small cell antenna applications has been ongoing for years. The City has been a party to group of local governments fighting the impending FCC ruling since early 2017. This was noted in my City Manager Comments from February 2017. The Maryland Municipal League and the National League of Cities have also been discussing this matter for the last several years. The City Attorney was directed to prepare draft legislation to protect Takoma Park and presented proposed language on October 24, 2018. There were a number of questions raised and there is still some investigation being done, but there is also a sense of urgency to put basic measures into place to give Takoma Park some leverage and to protect the City and residents from cell towers being placed with no criteria in place. If adopted, the Code language can and likely will be changed if actions at higher levels take place that would affect Takoma Park in a positive way, but at the current time, we have very little authority or criteria to control location, placement or aesthetics of these antennas.

I would like to address some of the comments made at the City Council meeting on November 7. This is not about making money – after all, the FCC limited what local governments can charge and the maximum amounts may not cover the costs. While we understand there are health concerns, we unfortunately do not have any legal authority to try to block small cells based on potential health effects. We are not acting in response to, or in coordination with, telecommunications companies. And finally, we are not “rushing” to get something passed so that we are the first to do it or because we are asking for small cell antennas here. In fact, we should have updated our right of way regulations quite some time ago and many communities have long had protective provisions in pIace for these kinds of telecommunications fixtures. For these reasons, I urge the Council to act so that we have at least some protections in place in the event that we start to receive applications.

As technology changes, municipal regulations must be updated to adequately protect the public and be workable for staff. The City’s regulations concerning work in the City’s rights of way were written before small cell antennas were imagined. While there is great controversy about small cell antennas themselves, as well as the recent federal ruling preempting most local control of them, the City of Takoma Park has room to make some changes to its regulations about work in our right of way to gain some leverage if a company intends on placing small cell antennas in Takoma Park. These steps do not encourage small cell antennas; they are protective steps for the City of Takoma Park and its residents. It is my responsibility to identify areas of risk to the City and the means to limit those risks. Updating our right of way regulations is one part of the City’s response to limit those risks.

Although there is not much new to report since the FCC ruling, we continue to seek information and guidance from the City Attorney, County representatives and others to help inform our discussions. The Council will again take up the issue in a Work Session at their November 14 meeting, followed by a First Reading Ordinance on November 28 and a Second Reading on December 5.

 

Suzanne Ludlow
City Manager
Email: SuzanneL@takomaparkmd.gov
Phone: 301-891-7229

New Deputy Police Chief Selected

Police Chief Antonio B. DeVaul is pleased to announce that Antonio Williams has accepted an offer to serve as the Deputy Police Chief of the City of Takoma Park. Mr. Williams is a 31-year veteran of law enforcement. He spent 20-years with the Baltimore City Police Department, where he retired as the Chief of the Detective Division. Mr. Williams also served as the Chief of Police for three law enforcement agencies; the Baltimore City School Police (2005-2007), the University of Baltimore, Baltimore County (2007-2009), and the University of Maryland, Baltimore (2010-2017). He holds an Associate’s degree in Law Enforcement from the Community College of Baltimore, a Bachelor’s degree in Criminal Justice from the University of Baltimore, a Master of Science degree in Management from Johns Hopkins University, and is currently a candidate for a Master of Business Administration from the University of Maryland, University College, and a Master of Divinity from the Capital Seminary and Graduate School. He is also a 2005 graduate of the FBI National Academy.

Mr. Williams stood out among an excellent field of candidates for the Takoma Park Police Deputy Chief position, performing very well in each step of the rigorous selection process. Mr. Williams is an experienced, community-oriented executive with a proven track record of strategic crime reduction and civic engagement in law enforcement.

“I am honored to be selected as the Deputy Chief of Police of the Takoma Park Police Department,” said Mr. Williams when asked for comment. “This is a dream come true. I am excited and looking forward to working with the City of Takoma Park to improve the quality of life in the community.”

Mr. Williams will report for duty on November 13, 2018.

Contact:

Catherine Plevy
Public Information Officer
Takoma Park Police Department

Email: cathyp@takomaparkmd.gov
Phone: 301-891-7142
Cell: 240-338-2901

Takoma Park City Council Approves LED Streetlight Conversion Project

Takoma Park to replace 1,505 traditional streetlights with energy efficient LEDs

At their October 24, 2018 meeting, the Takoma Park City Council voted unanimously to move forward with replacing 1,505 streetlights with new high-efficiency LED streetlights. The new LED streetlight fixtures will save the City up to $100,000 per year while also significantly reducing light pollution and municipal carbon emissions.

The vote comes after many years of extensive research, pilot projects, and public discussion. In addition to consultation with experts in the field and participation in the federal Department of Energy Better Buildings Outdoor Lighting Accelerator, the City hosted numerous public meetings, including tours of the pilot projects, to solicit resident feedback and engage in discussion about the right direction for the City.

Mayor Kate Stewart said of the decision “Today we take a huge step forward as a community in fighting climate change and reducing our energy consumption. Converting all of our streetlights to LED is the equivalent of eliminating 912,031 miles driven by car, each year. This project will also reduce our light pollution, increase public safety, and save us money. Making this switch has been a community effort and is an example of our long-standing commitment to sustainability and innovation.”

The City currently pays approximately $233,000 per year for its streetlights; $180,000 is paid to Pepco for maintenance and operation, taxes, and fees; $53,000 is paid to WGL for the electricity use (100% Wind). Based on Pepco’s calculations, the reduction in energy use and maintenance costs will result in annual savings of up to $100,000. The overall cost of the conversion project is expected to be $372,000 and the City anticipates a $260,000 rebate from the Empower Maryland Program, leaving the total cost to the City at just $112,000. Based on the projected annual savings, the program will “pay for itself” in less than two years.

Pepco, which owns and maintains the City’s streetlights, is equally excited about the project. “We are pleased to partner with Takoma Park in taking these important steps that will result in lower streetlighting costs and provide a safer environment for the local community,” said Jerry Pasternak, Pepco Maryland Region Vice President of Governmental and External Affairs. “LED streetlight technology is one of the many ways Pepco is advancing innovative technologies that are transforming the future energy experience for our customers.”

The LED streetlight fixtures selected for Takoma Park’s project are 3,000K and will range in wattage from 24 Watts for residential streets, to 135 Watts in high traffic commercial areas. All of the fixtures will be International Dark Sky Association Certified, reducing light pollution in the City. The new LED streetlight fixtures were selected taking into account the Illumination Engineering Society of North American (IES) guidelines for illumination levels and will help create more uniform lighting at the street and sidewalk level, correcting areas that are currently over or under lit. Pepco is also providing additional field-installable shields to address instances where light from the new streetlight fixtures is found to shine directly into the windows of adjacent properties.

The City will post up to date information on the project and implementation timeline at:  https://takomaparkmd.gov/initiatives/project-directory/streetlight-update-project/

 

Utility Work in North Takoma

A Message to Residents from the City Manager
October 19, 2018

Dear Residents,

Several unscheduled utility projects will be taking place in Takoma Park on Takoma, Fenton, and Philadelphia Avenues over the next several days. This is in addition to the ongoing scheduled utility work in the area.

Tomorrow, Saturday, October 20, Pepco work will be occurring on Takoma and Fenton Avenues, similar to past Saturdays. Work is to take place between 9 am and 3 pm. This is part of Pepco’s major Takoma to Sligo Underground Line Project through the area. Work is scheduled on Saturday to help address delays due to the higher than normal days of rain experienced over the last several months as well as some unexpected construction difficulties. Detour routes and construction measures are the same as have been in place for the ongoing work.

Beginning Monday after rush hour, the Maryland State Highway Administration will be working on replacing the broken storm water line under Philadelphia Avenue near Chicago Avenue. This work is likely to continue until Wednesday morning and work may take place around the clock. While emergency work was just done to the roadway, it did not address the underlying storm drain problem. The work early next week will be a badly-needed permanent repair of the storm drain line.

The various utility crews have been made aware of the work of the other entities. Takoma Park Public Works staff and the Takoma Park Police Department are working to help ensure the work can be done correctly, safely and quickly while also helping address traffic and neighborhood issues.

If there is an urgent matter regarding traffic, etc., please contact the Takoma Park Police Department at 301-270-1100. They will alert officers or Public Works staff as needed. If it is a less-urgent matter, please feel free to contact me at SuzanneL@takomaparkmd.gov. We are working hard to coordinate the various projects and problems so that the essential utility work is done without undue hardship.

Best,
Suzanne Ludlow
City Manager

MDOT SHA EMERGENCY WORK ON MD 410/PHILADELPHIA AVENUE

October 22, 2018: From MDOT SHA: MD 410 (Philadelphia Avenue) at Chicago Street. Emergency roadwork. Full intersection work zone closure and detour, overnight, 7 p.m. to 5 a.m., Mon. 10/22 through Thurs. 10/25 (weather and progress permitting). Please visit www.md511.org or 1-855-466-3511 for real-time traffic information. Drivers should add extra commute time and expect delays. Equipment used for construction may be disruptive.

October 18, 2018: Beginning today, Maryland Department of Transportation State Highway Administration (MDOT SHA) maintenance crews will begin emergency repair work on a storm drain pipe on eastbound MD 410 (Philadelphia Avenue) at Chicago Avenue in Takoma Park/Silver Spring between Fenton Street and Takoma Avenue. Currently, the estimated time of completion for the repair is unknown.

The storm drain pipe on MD 410 at Chicago Avenue has separated and it is unsafe for vehicular and pedestrian traffic on the roadway. Beginning today, crews will assess the damaged storm drain pipe area. Initial work may include placement of a steel plate over the pipe area or drainage inlet and roadway patching as an interim repair. Once the work zone is stabilized, crews will need to determine permanent repairs which could include excavation, removal and replacement of the damaged pipe and roadway remediation once all permanent repairs are complete.

For the safety of work crews and the traveling public, MDOT SHA is permitted to intermittently close one lane of eastbound and westbound MD 410 up to 24 hours daily until all work is complete. Drivers should be aware of changing traffic patterns inside the work zone and are strongly encouraged to use MD 97 (Georgia Avenue), MD 195 (Carroll Avenue), and MD 320 (Piney Branch Road) as alternate routes until all work is complete. Drivers should add extra commute time and expect delays. Pedestrian maintenance of traffic will be provided in the work zone at all times, however; sidewalk users may be directed to the safest crossings on the opposite side of the road inside the work zone. Equipment used for construction may be disruptive.

For the latest real-time traffic information updated 24 hours a day, drivers should visit www.md511.org or call 1-855-466-3511 using a hands-free device while driving. Breaking news and information is also available on MDOT SHA’s Facebook page (Maryland State Highway Administration) or “following: us on Twitter (@MDSHA).

Neighborhood Development Company and TPSS Co-op Reach Agreement

We are pleased that Neighborhood Development Company and the Takoma Park Silver Spring Co-op have completed the mediation process. After several weeks of meeting to negotiate on a variety issues, the parties have agreed that the set of reasonable accommodations to the business operations of the Co-op before, during and after the construction of the new Takoma Junction Project is sufficient to justify entering into a Cooperation Agreement. The parties have released a joint statement and are sharing the detailed terms of the agreement. The joint statement is below and the “Terms of Cooperation Agreement” (Term Sheet) and Full Cooperation Agreement are available on the City’s website.

The Co-op has stated it will not seek further accommodations from the City unless there are material changes to the site plan as a result of the County review process; therefore, the Council will not hold a work session at this time. The City Council looks forward to the next steps of this project, and unless material changes are made to the current site plan that could affect the Co-op, the Council views the current agreement between NDC and the Co-op as meeting reasonable accommodations for the Co-op’s operations as referenced in the Development Agreement.

The City is aware of the situation pertaining to 1100 Eastern, an affiliate of Neighborhood Development Company (NDC). 1110 Eastern purchased a property that is planned to be developed into an affordable housing project in Washington, DC. The property’s business tenants, including a barbershop and daycare center, were abruptly shuttered when the sale was finalized due to the finding of environmental contamination of the site from past businesses. NDC provided a statement to the City regarding the issue and its officials met with the tenants last week to discuss the contamination, next steps, and compensation.

The City will continue to monitor the situation in DC involving 1100 Eastern, including continued discussions with NDC and DC government officials regarding the status.

Joint Statement by Neighborhood Development Company and Takoma Park-Silver Spring Co-op

In keeping with the City’s resolution of July 25, 2018, the Co-op and NDC engaged in mediation to identify solutions to a number of operational issues. Both parties engaged in the mediation in good faith, recognizing that the nature of such negotiations requires compromise. While neither party got everything it wanted, they agreed on terms that provide benefits to both. These terms were memorialized in a Cooperation Agreement. The Cooperation Agreement, together with the Combined Site Plan approved by the City Council on July 25, 2018, provide a sufficient set of reasonable accommodations to the business operations of the Co-op before, during and after the construction of the new Takoma Junction Project to justify entering into the Cooperation Agreement. The full text of the Cooperation Agreement is available on the City’s web site.

The parties agreed to the following mutual accommodations: NDC construction of the lay-by as part of the first stage of construction to ensure the ability of the Co-op to continuously receive all product deliveries; exclusive Co-op use of the lay-by during construction; priority morning Co­op use of the lay-by for deliveries; Co-op access through the Project to the Co-op’s current door on the west side of the Turner building for deliveries; the parties’ commitment to make good faith efforts to coordinate and adjust delivery schedules among suppliers of the Co-op and all Project tenants so that all deliveries can be accommodated; Co-op and Project use of the lay-by for trash pickup; Co-op use of the parking garage and one free underground parking space adjacent to the Co-op for some deliveries; availability of parking for Co-op customers on the same basis as others parking in the building; the Co-op’s ability to rent parking space for its customers in the parking garage; and Co-op funding of a second elevator sized for Co-op customers with carts that also will be available for public and Project tenant use that NDC will repair and maintain. The parties have also agreed that the Co-op will not rent space in the Takoma Junction project at this time.

As a result of the Cooperation Agreement, the Co-op will not oppose the Takoma Junction Project or seek further accommodations from the City or NDC absent changes to the Project by NDC, the City or any other governmental body that would materially adversely affect the Co­op’s operations. In addition, the parties are committed to working with the State Highway Administration as it explores ways to reconfigure and improve the Takoma Junction intersection at MD Routes 195 and 410. The Co-op and NDC will work to address any operational issues that that may arise to make the Takoma Junction project, the Co-op, and local businesses successful.