Swim Club Drowning Court in Paperwork

The College Park Woods Swim Club may have run out of real people to sue. They have filed two additional suits in the past several weeks, the latest naming “John Doe” and “Jane Doe” as defendants.  Seriously.

The suit is an attempt by the club to legally ratify changes to the by-laws they enacted earlier this year, and to make changes to their membership lists, which they declined to release upon direct-request by the City a while back, as part of their “due diligence” process. Apparently, there are at least two classes of membership in the Club: An “Equity” class, possibly consisting of charter members who hold an ownership stake in the property, and “Associate Members”.

A second suit filed the same day lists 22 “Interested Persons”, who are likely the people who make up the updated list of members. If you are not on that list, the odds are you will be shut out of any profit that may be generated when the Club sells or liquidates the Swim Club property.  Curiously, the suit appears to be intended to ratify an order of sale, but the City didn’t vote to pursue the purchase of the property until September 12, four days AFTER the suit was filed.

The suit notes a “walk-through to Judge Green by Law clerk”.  It is uncertain why Green should be the only judge name-checked in these filings. Perhaps it is for expedience, as the Judge appears to be currently handling other matters related to the Swim Club.

The Club appears to be playing a game of “beat the clock”, possibly due to an impending forfeiture by the State government.  The forfeiture could happen as soon as October 1, following the end of the Club’s fiscal year in September, and would prevent the Club from engaging in any further business activities.  That might be for the best.

Some of the papers related to the by-laws change is available below. The list of interested parties for the other suit can be found here: CPWSC Case Information CAE17-23591.

CPWSC_Member_Voting_Certificate_2017

CPWSC Proposed by-laws changes Feb 2017

CPWSC Case Information CAE17-23592

Dirty Pool at the Swim Club?

The recent move to purchase the College Park Woods pool property has drawn attention to the Club’s financial status, and generated some speculation about its current debt-load. It has also caused me to revisit some old Council meeting minutes and tax filings.

In 2005, the Club signed an agreement with the City, in exchange for a $95,000 grant. The grant was intended to be used for updates to the pool’s clubhouse facility. In 2006 and 2007, the Club engaged in several updates to the building and the electrical system, to the tune of about $40,000.

In 2010, the Club approached the Council again, this time asking for a waiver to a notification requirement, which the City instituted as part of that 2005 grant agreement.  During that meeting, the Club stated that they had spent all but around $5,000 of the grant funding. That’s $90,000 spent by the Club, in just over 4 years.

The problem is, the City’s grant was never reported in their 2006 tax filing. And it didn’t appear to surface in any of the Club’s subsequent tax statements. This could be a simple oversight, but it would also be an epic one.

In addition to the “missing” grant, the Club’s leadership underwent massive overturn from 2005-2008. In fact, in 2008, the club didn’t even report having a President or Vice-President. Only a Treasurer / Secretary, who was one person, and a single “Officer”.

The Club failed to file a Maryland Personal Property return for 2016, and is likely to be declared forfeited by the State, rendering it unable to do any further business as of October 1. That would prevent the Club from selling property to the City, or anyone else, and would likely initiate a liquidation of the Club’s assets.

But the City deserves an explanation of what exactly happened to the $95,000 grant, and why it wasn’t reported to the IRS.  The IRS might be interested in an explanation, as well.  Perhaps the City also deserves a refund, or at least a massive rebate on the price of the property, if this sale is to continue.

[Correction – 2017-09-19 – Earlier draft indicated there was no Secretary for the corporation in 2008.  In fact, the Treasurer also served as Secretary that year.]

 

City Prepares to Dive into Empty Pool

After an 18 month exercise in wheel-spinning, the City appears ready to approve the purchase of the College Park Woods Swimming Club property.   But whether it will ever assume actual ownership is another matter.

Normally, I would count this purchase as a win.  Given the size, location and nature of the Swim Club’s property (3.66 acres, zoned R-80), it would seem to be the bargain of the century.  So, why aren’t developers lining up with checkbooks in-hand?

One reason could be the absolute chaos the Swim Club finds itself in.  The Club is not currently in good standing with the State Department of Assessments and Taxation, due to a failure to file its 2016 Personal Property returns.  In fact, the Club is one step away from forfeiture by the State government.  It also has a new $5019.10 tax bill coming due this month from the County, possibly the motivation behind the quick sale being attempted now.

Another reason could be the curious state of the property.  Long and Foster has the property listed on the market for $300,000, but claims that there is no water or sewer service to it.  It is a curious claim, given that the property has a well-documented history of absurdly-large water and sewer bills from WSSC.  If they don’t have service now, is that because WSSC cut them off, and has a lien against the property?  Since the Club has failed to release a listing of its debts to the City, it is impossible to know.

There is also a history of lawsuits bouncing back and forth between the Club, its pool management providers, and even its own corporate officers.

In 2010, the Club entered into a 20-year contract with Lighthouse Pool Management, Inc.  As part of that contract, the Club encumbered the property as collateral against some of those expenses. Lighthouse sued the Club in 2012 for $8301.28, was counter-sued, then settled out of court under unknown terms.  [UPDATE:  Lighthouse President Bruce Schaper confirmed that all business with the Club has been settled, and that they hold no current interests in the property.]

The relationship with another pool management company appears to have followed a similar path. Community Pool Service, LLC sued the Club in April of 2016 for nearly $3000, which was again met by a counter-suit, followed by an out-of-court settlement.

What I found most interesting, however, are the lawsuits filed by CPWSC’s own corporate officers against the very corporation they run.

On July 26 (less than 7 weeks ago), Club President Barbara Pianowski filed a suit for $3516.43 against the organization. That suit was settled on August 17.

Another suit was filed by Club Treasurer Judith Oarr on March 30 of this year. That case is scheduled to go before Judge Green on Wednesday morning at 8:45, the day after the Council votes on whether to purchase the property.

In a history of meetings with the Club provided in the Council meeting packet, it seems clear that the Swim Club is not interested in disclosing its debts, releasing its member listing, or assuring the City that the property title is clear. That may be because they have no idea, themselves.  Their own attorney has had to ask the City for information about the Club, and actually went so far as to refer a request by the City for the Club’s membership list to Councilmember Kujawa.

With this apparent level of disorganization (or obfuscation) from the sellers, it is clear the City should not be purchasing this property, until the Swim Club has dissolved its corporate entity and settled its outstanding debts, one way or another. The City seems to be interested in taking ownership of this property, at any cost. But that cost is likely to be far higher than the $750,000 estimated for rehabilitation of the property, and it is the City taxpayers who will bear that burden.

The City is diving into the deep end, but this pool appears to be empty.

 

The 1500% Wonder

Fuse 47, the building on Berwyn House Road that caught fire and burned for nearly a week last month, appears to have been sitting on a gold mine.  It’s the only thing that could explain their property assessments.

Land and tax records for the property at 4700 Berwyn House Rd revealed a bewildering increase in land value, exceeding 1500%, following its sale in late 2015 to CRP WP College Park Owners LLC.

That is not a typo.  A ONE THOUSAND FIVE HUNDRED percent increase.  The property had been valued at $660,000 for the period from 2013-2015, but its 2016 assessment showed an increase to $9,721,900…before the addition of a student-housing apartment building there.

There is some other weirdness in the records regarding improvements to the land, however.  Where the 2014 assessment did not show a property improvement, 2015’s indicated a building valued at over $2,000,000, which didn’t exist.  But the property owners paid the full amount of the tax, from all appearances, without challenging the assessment.

I didn’t realize a couple of construction trailers added so much value to a property in a college town.

The mystery $2 million building vanished from the 2016 tax bill, but by then the land assessment phase-in had worked up past $4,000,000, so it no longer mattered that a building wasn’t there.  The tax bill remained roughly the same.

Meanwhile, the property across the street, the Spellman Housing Center, has held fairly steady value.  Boasting a full extra acre of land over Fuse 47’s relatively meek 2.12 acres, the Spellman Center’s assessment has held steady around $880,000.  But for how long that will be the case, remains to be seen.

 

Fuse 47 May Have Lacked Building Permits, Federal Approval

The Fuse 47 building on Berwyn House Rd, site of a massive fire last week that created an estimated $39 million worth of damage, appears not to have had a valid building permit from Prince George’s County.  Approval for the permit may have been held-up, due to the absence of a Letter of Determination from the Federal Aviation Administration.

A search of Prince George’s County records revealed a building permit application for new construction at 4700 Berwyn House Rd.  The permit, number 54644-2015-00, was applied-for on December 5, 2015, but its status was still listed as “Pending” on the County’s website, as of today.

Since a County building permit would have been required for the developer to obtain a building permit from the City of College Park, it appears that if the City had issued a permit, it may have done so in-error.  A building permit search for the Fuse 47 property was not able to be completed on the City website.

Documents related to the Detailed Site Plan of the project, DSP-12034-01, revealed notices from several agencies, including the Maryland Aviation Administration, that the developer needed to procure approval from the Federal Aviation Administration prior to receiving a building permit from the County.

The building is near the path of College Park Airport runway 15, and located within Aviation Policy Area 6, less than a mile from the airport.  Within APA-6, no building higher than 50 feet may be erected without a Letter of Determination from the FAA, in which the agency determines whether a proposed structure poses a potential hazard to local air traffic.  A letter from the Maryland Aviation Administration expressed concern that the building may encroach the instrument-approach area of the runway.

A search of FAA records revealed no approval for a building at Fuse 47’s location, although there were approvals granted for cranes used in the construction of the building.  Without proof that the project met compliance with Federal aviation regulations, they should not have been able to procure a building permit from the County.

Despite the lack of a valid permit, Fuse 47’s contractors were able build not only the main structure, but also receive additional County permits for electrical work, internet connectivity, fire suppression, signage, as well as a swimming pool, and to have inspections done on that work within the building.  It is not known at this time whether Prince George’s County Department of Permitting, Inspections and Enforcement (DPIE) performed any structural inspection of the building during its construction phase, prior to the fire.

The Fuse 47 project was originally part of a land-acquisition by Keane Enterprises, performed while they were developing plans for the Cambria Hotel project at the intersection of Baltimore Avenue and Berwyn House Road.  The 2.12-acre property was eventually sold to CRP/WP College Park Owners LLC, a joint-venture between Wood Partners and the Washington, D.C.-based Carlyle Group’s real estate division.

Fuse 47, a student-housing project, was in the process of early-leasing to new tenants, at the time of the fire.  The fire, which went to 5 alarms and involved more than 200 firefighters from around the region, started on the morning of April 24, and firefighters remained on the scene to deal with flare-ups at the site until April 28.

It is unclear whether the developer’s insurance will cover damages, if the structure was built without a valid permit from the County.

Fuse 47 building under construction, labelled as “New Generation Gospel”. Red dots indicate FAA approved locations. Collection of dots near top of photo indicate FAA approvals for Cambria Hotel project. 2 dots within Fuse 47 building indicate approvals for the construction cranes, not the building.

Fuse47 Fire Sparks Concerns

The fire at the Fuse47 building on Berwyn House Road yesterday revealed flaws in a design shared by many buildings around the City.

The “doughnut hole”-style buildings are marked by a central courtyard area, surrounded by apartments on all sides, which is often the location of shared amenities, such as pathways, benches and communal area.  Unfortunately, one major problem with this design is the inability for significant fire resources to be moved into those areas, in the event of an emergency, such as yesterday’s fire.   Further compounding this, was the location of the building directly against a treeline, which prevented access to the back side of the building by fire equipment.

The lack of adequate access by emergency vehicles poses a serious concern for the City, which has spent the past 10-to-15 years actively supporting just this type of housing.  In the rush to maximize profits, many companies have moved to squeeze as many people as possible into these buildings, often sacrificing green space and parking.  City Councils over the years have obliged builders, allowing parking to be reduced to absurd levels, forcing many car owners to park on the surrounding neighborhood streets, and permitting designated commercial and retail space to be sacrificed for the sake of creating the maximum possible number of residential units in a building.

It is starting to appear that we may have created a City full of large, densely-populated tinder boxes.

What makes the Fuse47 fire so terrifying, is just how mundane and ordinary the building really is.  Architecturally, it is not much different from most of the other student housing around town.  The fact that the Fuse47 design is nearly identical to other recently-built student housing in the downtown area raises serious concerns about the safety of those other buildings, as well as the ability of our local fire houses to adequately address emergencies that occur in them in the future.

The fire at Fuse47 yesterday was declared the largest (in terms of property-value-loss, at least) in the history of Prince George’s County.  More concerning is that this isn’t even close to being the largest such building we have in the City.  Given the policy of “human warehousing” that the City and builders have engaged-in here for many years, we could face a much more serious situation when the next fire occurs.  We need to prepare ourselves for that next emergency now.

Fight the City-Endorsed Robot Overlords!


The City is ready to sign a new agreement with Optotraffic, in order to keep pelting residents, visitors, students, delivery men and little old ladies alike with those $40 surprise tax-assessments, otherwise known as “speed camera tickets”.

Now that the City is bringing in millions from these cameras, they have (predictably) come to rely on these odious, thieving automatons to provide justification for their increased budgets, in which they spend increasingly large sums of money on increasingly dumb projects.

Our friends in Arizona did find a solution that helped them to vanquish these rogue robots of the Apocalypse, though:  They stopped paying the tickets.  Literally chucked them in the trash.

Is this a sound strategy?  In the long run, probably.  If you simply stop feeding the beast, it is likely this poor excuse for “public safety” will pack up its toys and go home (back to Hades, I suspect).

In the short run, it could mean discomfort.  Governments (and College Park’s, in particular) like their revenue-streams, and these soul-trapping Fotomats have certainly been a cash cow for them.  To protect this flow of blood-money, they put a bunch of penalties in place.  But if everyone simply ignored the tickets, maybe they’d decide the $90,000 a month they spend to rent these pernicious Polaroids could be better-used elsewhere.  Anywhere.

Or, you can voluntarily put another quarter into Satan’s own photo booth.   The choice, as always, is yours.

 

“For Public Use”

There will be a Public Forum regarding the renovation and reuse of the Calvert Road school as a University Day Care center tonight at 7:30pm at City Hall.

This project has been percolating behind closed doors for a long time, and it looks like no one representing the City actually bothered showing-up at those meetings, because we could hardly have gotten a worse deal.  We will be turning the property over to the University for 40 years, in exchange for…what, exactly?

Supporters will point and say, “we’ll get a newly-renovated building!”  But, we won’t.  After 40 years, the building will be just as run-down as it is today, requiring another renovation.

“We’ll get to send our kids to day care in the neighborhood!”  Well, yes, but you’ll still be paying as much for day care as you would anywhere else.  Probably more, from the looks of it.

“The property will get used again…for the kids!”  Yes, so long as your kids are lucky enough to be attending the center.  Don’t get your hopes up that they’ll be YOUR kids, though.

Does this count as “public use”?  Bright Horizons is not a public charity, or even a non-profit operation.  They are a for-profit corporation that charges for its services.  Muddying the waters, by having the University hire them as a contractor, doesn’t really change that.  It is still a private company operating on public land, land that has an explicit restriction that it is to be maintained for “public use”.  This might fall within the letter of the law, somehow, but it certainly doesn’t meet the spirit of it.

Booze, Bribes, Bozos and Backlash

It’s been a busy couple of weeks, College Park.  After the revelations of corruption at the Prince George’s Liquor Board, and the announcement of Former Prince George’s Councilman Will Campos’ plea bargain, I’ve been too drained from disappointment to bother writing an article about it all.

It wouldn’t have been much of an article, anyway:  “News Flash: Corrupt Politicians!” isn’t the headline that it used to be.  People just aren’t surprised, anymore, and that’s a shame.  We should expect better.

If you want the gritty details about it all, I’ll provide some links below to the indictments, as well as Campos’ plea agreement, and the video of the US Attorney’s Office statement about it.  Unfortunately, it looks like this isn’t all over, just yet.

Anuj Sud Criminal Complaint

Son Paig Lee Criminal Complaint Affidavit

Will Campos Plea Agreement

But there was a flash of good news today, that I did want to share with you.

Governor Hogan launched  an “Integrity in Government” Initiative today, which is aiming to get the Liquor Boards back under control, bring lawmakers under the purview of the State Ethics Commission, live stream the floor debates at the State House, and to move forward with a long-needed bipartisan redistricting initiative.

Please watch the Governor’s statement regarding the Initiative:

While I have to admit that I am skeptical that any of these changes will actually be enacted, there is always that glimmer of hope.  This sounds like a great set of proposals to get us on-track to a better government.  Thank you, Governor.

A Vote of No Confidence

College Park’s election process is broken.  It’s time to fix it.

I had the honor of serving as a poll-watcher at Davis Hall during the City elections in 2015.  Well, I say “honor”, but poll-watching is not a glorious task.  It starts at about 6 in the morning, and you are essentially trapped in a room for 14 hours, sitting alone in a chair, with no electronic devices to keep you company.  If you can’t amuse yourself for long periods of time with nothing but a pen and a piece of paper, you’re going to have a bad time. The point of poll-watching is to ensure that a fair election is carried out, but it comes at a price:  namely, sanity patience.

The process runs like this:  People check-in at the desk, receive a ballot, fill in the circles for their candidates, and feed the ballot into an electronic scanner that pulls it into a sealed black-box.  The scanners keep a count of the number of ballots scanned throughout the day.

When the polls close, a report is run at each scanner, containing two copies of a report which shows how many votes each candidate received at each machine.  The election judges sign the reports and place them into a bag with a numbered seal, which is then transported to City Hall, where the seal is broken, the reports removed, and the results communicated to the public.

Unfortunately, as it is practiced in College Park, there are holes in this process large enough to drive a dump truck through.

We’ll start with opening the machines, which happens as the first step in the process.  Typically, there are supposed to be large tote bins inside the scanner black-box, to catch the ballots as they are scanned during the day.  At the end of the day, the bins are supposed to be removed from the machines with their tops closed, and a numbered metal tag used to seal the boxes, to prevent election workers from handling ballots, once they have been scanned and counted.

In College Park, there were no tote bins to catch the ballots as they fell in.  The ballots simply dropped inside the machine, requiring someone to scoop them out after the election, and do whatever they do with them.  Without securing the paper ballots properly, there can be no trust in them, in the event of a recount.  Failing to seal paper ballots into a container without physically handling them is a fundamental error in the process.

Interestingly, there WAS a full tote bin in one of the machines when it was opened on Election Day, which appeared to be quite heavy.  That bin was dragged-off to a corner of the room at first, then to an unknown location not long after the polls opened.  The contents of that bin, and the source, will have to remain a mystery, I’m afraid.

But in the absence of tote bins inside the machines, it does raise the question of what eventually happened to the ballots scanned during the election, as well as the disposition of the contents of the bin I observed that morning.  I mean, somebody’s ballots went into a dumpster.

There wasn’t much to report during polling hours.  People checked-in, voted, and left.  We did have the occasional break in the routine, though.

At one point, a bus full of seniors appeared at Davis Hall, looking for their proper polling place.  Thanks to the redistricting, it seems as though they had been carted all over town.  Davis Hall was their third stop, but not their final one.  Where are the Spellman House seniors supposed to vote?  And, could someone please let the bus driver know, next year?

An eyebrow or two was raised in the room, thanks to a guy in a construction outfit claiming to be “Dustyn Kujawa”, who was not quite sure of his address, or his district.  To let you in on the joke, Dustyn Kujawa was one of the winning (and female) City Council candidates in District 4, and her name was not unknown to the election staff.  As an “official” poll-watcher, I could have challenged this voter successfully, I suppose, but my task wasn’t to prevent foolish people from committing voter fraud.  And if “Mr. Dustyn” is reading this, your vote really wasn’t worth risking a criminal record, a $5,000 fine and five years in prison, dude.  I’m not sure if he went through with filling-out a provisional ballot, but I have to admire the sheer gall it took to commit so fully to such a bad decision.  Of course, I should allow for the possibility that there are two Dustyn Kujawas in the world, and that they both happen to reside in College Park…in which case, I humbly apologize.

At the end of the voting period, the doors to Davis Hall were closed, and the reports were run from the scanning machines, as part of the close-out procedure.  While the scanners print two copies of the reports, apparently the election personnel were under instruction not to post the copies for public viewing, not to allow anyone to so much as see the reports, or even to read the results out-loud.

Perhaps even more discouraging, the election folks claimed to be under some weird directive preventing them from viewing the reports, themselves, even though they were responsible for signing them.  I don’t know if that was truly the instruction they received from the BoES Supervisor, or just some B.S. they made-up on-the-spot, but either way, I’ll call shenanigans.  It’s bad policy, at best, and raises serious questions about the integrity of the entire process.

The tradition of College Park creating a circus environment around the election night results announcements at City Hall creates a mountain of problems for a fair election process.  There should be NO mystery about this process, especially for the five or ten people who make the effort to show-up at the polling stations during close-out of the machines.

If those folks cannot review the reports first-hand as they are created, there is no guarantee that the reports read at City Hall are even the same reports.  The public only sees that some paper was spit out of the machines.  And placing them into a sealed bag at Davis Hall makes no difference, if the numbers on the seal are not observed by the public at both locations, or if that seal is broken out-of-view of the public.  The machines could have been printing a grocery list, for all anybody really knows.  The report announced at City Hall could have been created a week before the election.  The reports used at the ratification meeting at City Hall could even have been created in the hours after the election.  It would take an effort, perhaps, but not a miracle.  And that’s the problem.

The City’s entire election process needs a fundamental overhaul.  There is no integrity of the paper ballots, of the machine-printed reports, or of the results that are reported at City Hall; and even under close scrutiny, it is impossible to be sure of the results

  • when the machine-printed report results are hidden from public view when they are created;
  • when the paper ballots are permitted to be physically handled by election staff; and
  • when any seals that do exist, are broken out of the public eye.

In short, I have zero confidence in College Park’s elections, as they are currently being administered.  We need a completely reformed election process, possibly a new Elections Supervisor, and above all, a concerned, informed, and watchful public.  College Park is too large to have to endure this kind of small-town nonsense.