Recommendation
Staff recommends that the Mayor and Council consider the two attached memoranda of understanding (MOU's) and provide direction on next steps.

Discussion
In the fall of 2008, residents in the College Gardens and Plymouth Woods neighborhoods began approaching the City with concerns about the impact that the Montgomery College tobacco free campus policy had on their neighborhood. In response, City staff began communication and coordination with the neighborhoods and Montgomery College in an effort to better understand the concerns and identify solutions.

During that process, staff and College representatives identified an opportunity to create a smoking area on the west side of campus behind parking lot 9 where a portion of Anderson Park is within the Montgomery College fence. City and College staff suggested allowing smoking in that area since it is not on campus, but is within the campus fence and conveniently located for campus users. Staff suggested developing a memorandum of understanding (MOU) between the City and College to provide license for use of that portion of Anderson Park for a smoking area that the College would establish and maintain. To further reduce the negative impacts of the tobacco policy on neighbors, staff also recommended 1) implementing permit parking on Princeton Place, 2) shifting the location of the sidewalk that connects the neighborhood to campus, 3) shifting the location of the opening in the fence between the neighborhood and campus, and 4) establishing hours that a gate in the fence would be open to allow passage between the neighborhood and campus.

Upon sharing the recommendation with the community it became clear that there was no consensus among the neighbors around the staff recommendation. On April 13, 2009, the Mayor and Council directed staff to disengage from the process. The Mayor and Council urged the neighbors to work toward consensus among themselves and the College. A June 15 letter to the College Board of Trustees on behalf of the Community Task Force for Open Access to Montgomery College indicated that the neighbors held a mediation and "no conclusion was reached." It also states that "Opposing views were made known but no follow-up mediation sessions were planned."

Montgomery College's attorney sent a draft MOU to the City Attorney's Office for review. The City Attorney's Office and Department of Recreation and Parks also drafted an MOU. Both documents were shared with the Mayor and Council by e-mail on June 12 and are attached to this agenda. They are draft documents. No one from outside the City staff has seen the City's MOU, and the City and College have not conducted any further negotiations since the City's disengagement.

Mayor and Council History
The Mayor and Council were briefed on the impact on the neighbors of the College's tobacco free campus policy on February 9, 2009. This subject has also been a topic of discussion in response to Citizen's Forum on several occasions.

Options Considered
Staff has been disengaged from this issue since April. We would like the Mayor and Council to consider some options and provide direction in order for staff to respond to the College's transmittal of a draft MOU. Options for your consideration include, but are not limited to:

• Maintain the City's disengaged status and send a letter informing Montgomery College's Attorney that the City is not ready to negotiate an MOU to provide license for use of a portion of Anderson Park as a smoking area.
• Begin negotiations with Montgomery College to pursue a Memorandum of Understanding that will provide license for use of a portion of Anderson Park as a smoking area.

Attachments

City Manager:

Scott Ullery, City Manager
Approved on: 06/16/2009