Mayor & City Council

MINUTES College Park City Council Regular Meeting Tuesday, November 8, 2022 7:00 p.m. – 8:45 p.m. This was a hybrid meeting: Online via Zoom; In-person in the Council Chambers of City Hall. PRESENT: Mayor Wojahn; Councilmembers Kabir, Kennedy, Esters, Whitney, Adams (virtual), Rigg, Mackie and Mitchell (virtual). ABSENT: None ALSO PRESENT: Kenneth Young, City Manager; Bill Gardiner, Assistant City Manager; Janeen S. Miller, City Clerk; Suellen Ferguson, City Attorney; Bob Ryan, Director of Public Services; Gary Fields, Director of Finance; Robert Marsili, Director of Public Works; Steve Halpern, City Engineer; Michael Williams, Economic Development Manager; and Deputy Student Liaison, Adrian Andriessens. Mayor Wojahn opened the meeting at 7:00 p.m. ANNOUNCEMENTS: Councilmember Kabir said the College Park Food Bank is collecting frozen turkeys for the holidays; the North College Park Community Association has their monthly meeting on Thursday; the City is holding a One Warm Coat drive. Councilmember Kennedy thanked the election workers. Councilmember Esters thanked the poll workers and announced the Lakeland Civic Association meeting on Thursday. Councilmember Rigg commented on the problems opening the polling place at Ritchie Coliseum this morning. Councilmember Mackie said tomorrow is the last day to register for Good Neighbor Day. The City’s Veterans Day event is Friday at 11:00 a.m. Councilmember Mitchell echoed the concern about the polling situation at Ritchie Coliseum. She discussed the Attick Towers Good Neighbor Day project. Mayor Wojahn discussed the Veterans Day program. IKEA is hosting a breakfast for Veterans on Friday morning. The Terps lost to the Wisconsin Badgers on Saturday so Mayor Wojahn will honor his wager with the Mayor of Madison. College Park City Council Minutes November 8, 2022 Page 2 CITY MANAGER’S REPORT: Mr. Young announced the virtual presentation on the Discovery District Trail Access plan, and said the City’s Food Scrap Composting program begins next week. PROCLAMATIONS: Mayor Wojahn read the proclamations for Municipal Government Works Month and Small Business Saturday. AMENDMENTS TO/APPROVAL OF THE AGENDA:  Esters/Kabir, move 22-G-151 from the Consent Agenda and to Action, passed 8-0.  Rigg/Mackie, add 22-G-159, approval of expense for holiday decorations, to the Consent Agenda, passed 8-0.  Rigg/Kennedy, move 22-G-158 from Action to the Consent Agenda, passed 8-0.  Kabir/Kennedy, add 22-G-160, Right Turn On Red Restriction, to the Consent Agenda, 8-0.  Rigg/Mackie, adopt agenda as amended, passed 8-0. CONSENT AGENDA: A motion was made by Councilmember Mackie and seconded by Councilmember Esters to adopt the Consent Agenda, which consisted of these items: 22-G-149 Award an emergency expenditure not to exceed $89,285 and authorize the City Manager to sign a contract with Long Fence to fabricate and install a new ornamental safety barrier fence around the perimeter of the 5th floor walls of the Municipal Parking Garage. 22-G-153 Approval of the Fourth Amendment to Contract CP-21-05 with NZI Construction Corporation in the amount of $84,393.00 for construction of a Basketball Court at the southwest corner of the Calvert Hills Playground in substantially the form attached. 22-G-154 Approval of minutes from the October 11 Regular Meeting; the October 18 Worksession; the October 18 Special Session and October 25, 2022 Regular Meeting. 22-G-159 Motion to authorize that the City enter into a contract with The Becker Added to Group for the purchase of the City Hall Plaza holiday decorations and all Agenda associated fees for installation, removal, and storage of the items, and to authorize the City Manager to sign the contract, subject to the approval of the City Attorney, for the fabrication, installation, removal and storage of the approved items. 22-G-160 (Lay on the Table item) Authorization to implement a Right Turn On Red Added to restriction on the eastbound leg of the intersection of Edgewood Road and College Park City Council Minutes November 8, 2022 Page 3 Agenda Rhode Island Avenue during the time before school starts (7 AM to 8 AM) and at dismissal (2 PM to 3 PM), only when school is in session (School Days Only). 22-G-158 Moved to Consent: Approval of City Legislative Priorities for the 2023 General Assembly Session The motion passed 8-0. ACTION ITEMS: 22-G-151 Approval of additional ARPA grant funding in the amount of $125,000 ($25,000 each) to five local food service delivery organizations: 1) Meals on Wheels of College Park; 2) College Park Community Food Bank; 3) Community Meals Program at College Park United Methodist; 4) Route 1 Communities Care; and 5) Helpers to Good, Inc. A motion was made by Councilmember Mackie and seconded by Councilmember Whitney that the City Council approve grants of $25,000 each to: 1) Meals on Wheels of College Park; 2) College Park Community Food Bank; 3) Community Meals Program at College Park United Methodist; 4) Route One Communities Care; and 5) Helpers to Good, Inc. The motion passed 7-0-1 (Councilmember Esters abstained due to her position on the Finance Committee of the College Park Food Bank). 22-G-155 Award ARPA funds for the hospitality industry to 8321 College Park Hotel LLC, t/a Cambria Hotel at College Park in the amount of $150,000, subject to 8321 College Park Hotel, LLC entering into the American Rescue Plan Act State and Local Fiscal Recovery Funds Beneficiary Funding Agreement with the City in substantially the form attached – Michael Williams, Economic Development Manager A motion was made by Councilmember Mackie and seconded by Councilmember Esters to award ARPA funds for the hospitality industry to 8321 College Park Hotel LLC, t/a Cambria Hotel at College Park in the amount of $150,000, subject to 8321 College Park Hotel, LLC entering into the American Rescue Plan Act State and Local Fiscal Recovery Funds Beneficiary Funding Agreement with the City in substantially the form attached. There was no comment from the audience. Ms. Ferguson said an updated amendment to the “American Rescue Plan Act, State And Local Fiscal Recovery Funds (CLFRF) Beneficiary Funding Agreement” has been included in the red folder for review. The motion passed 8-0. College Park City Council Minutes November 8, 2022 Page 4 22-G-156 Award ARPA funds for the hospitality industry: $350,000 to GrillMarx UMD, LLC's Restaurant in the amount of $350,000 allocated through Loss of Revenue provisions of the ARPA program subject to GrillMarx UMD, LLC entering into the American Rescue Plan Act State and Local Fiscal Recovery Funds Beneficiary Funding Agreement with the City in substantially the form attached. Mr. Williams said the grant to GrillMarx, the new restaurant in The Hotel, will be funded through Lost Revenue funds from ARPA which has fewer restrictions on the use of the funds. Discussion with Council: GrillMarx is a new business. How will the City handle additional requests of this sort? Mr. Young said they are working with other applicants and there is a robust process in place. Concern that enough funding will remain for other applicantsThe administrative burden on the City is far less when using the Lost Revenue funds than with regular ARPA funds. This is a one-time allocation that has been vetted by the City’s ARPA consultant, Hagerty. A motion was made by Councilmember Mitchell and seconded by Councilmember Kennedy to award ARPA funds for the hospitality industry to GrillMarx UMD, LLC in the amount of $350,000 allocated through Lost Revenue provisions of the ARPA program subject to GrillMarx UMD, LLC entering into the American Rescue Plan Act State and Local Fiscal Recovery Funds Beneficiary Funding Agreement with the City in substantially the form attached. Vote on 22-G-156: 4 in favor of the motion: Councilmembers Kennedy, Esters, Rigg and Mitchell No one opposed. 4 Abstentions:  Councilmember Kabir – due to concern about the source of the funding  Councilmember Whitney - due to employment  Councilmember Adams - due to concern about amount of funding  Councilmember Mackie - due to concern about amount of funding The vote on the motion was 4 – 0 – 4. Clarification requested about whether the motion can pass with this vote. Motion to table the motion to allow time for the City Attorney to review, Mitchell/Esters, passed 8-0. Return to this item: The City Attorney explained that a majority of the Councilmembers present must vote Yes to adopt the motion (Charter C6-2). Since 8 Councilmembers are present, the motion needs 5 affirmative votes to pass. With the vote of 4-0-4, the motion would fail. Council discussed possible compromises that would allow some funding to move forward tonight. 22-G-156 Revised Motion: Motion made by Councilmember Rigg and seconded by Councilmember Mitchell to award $249,999 tonight, with the rest of the motion remaining the same. College Park City Council Minutes November 8, 2022 Page 5 Comments from the audience: Mary King, resident: She is surprised to hear the criticism of a change at tonight’s meeting after it has been worked out at the Worksession because this is the first time she has been able to provide public comment. What’s the point if you have already made up your mind? Does the City give money to every business that comes to College Park? This is a new business and not one that suffered during the pandemic. Amendment #1 to the Revised Motion: Motion by Councilmember Kennedy, seconded by Councilmember Adams, that, in order to allow time for other businesses to apply and receive funds, if by January 1, 2023, there are no other viable applicants (to be determined by staff) for the remaining $100,001 of ARPA funds, then it will trigger the additional $100,001 going to GrillMarx. The $249,999 would be provided now. Vote on Amendment #1 to Revised Motion for 22-G-156: Yes: Councilmembers Kabir, Kennedy, Esters, Adams, Rigg, Mitchell No: Councilmember Mackie Abstain: Councilmember Whitney (due to employment) Motion passed 6-1-1. Vote on the Revised Motion 22-G-156, as amended: Yes: Councilmembers Kabir, Kennedy, Esters, Adams, Rigg, Mitchell No: Councilmember Mackie Abstain: Councilmember Whitney (due to employment) 6-1-1 passed (Mackie no, Whitney abstained.) 22-G-157 Award ARPA funds for the hospitality industry to The Hotel At UMCP, LLC, dba The Hotel at the University of Maryland in the amount of $300,000, subject to The Hotel At UMCP, LLC,, dba The Hotel at the University of Maryland entering into the American Rescue Plan Act State and Local Fiscal Recovery Funds Beneficiary Funding Agreement with the City in substantially the form attached. A motion was made by Councilmember Kabir and seconded by Councilmember Adams to award ARPA funds for the hospitality industry to The Hotel At UMCP, LLC, dba The Hotel at the University of Maryland in the amount of $300,000, subject to The Hotel At UMCP, LLC, dba The Hotel at the University of Maryland entering into the American Rescue Plan Act State and Local Fiscal Recovery Funds Beneficiary Funding Agreement with the City in substantially the form attached. Comments from the audience: Mary King, resident: She is opposed to this. It is too much money and The Hotel previously received funding from COVID funds. The money should be used in other ways. College Park City Council Minutes November 8, 2022 Page 6 Motion by Councilmember Mackie and seconded by Councilmember Kabir to postpone to a time definite until we know for certain whether The Hotel received prior CARES or ARPA funding. Discussion: Councilmembers Rigg and Esters said this was discussed last week; any concerns should have been raised at the Worksession. Councilmember Kabir said his concern was raised tonight about whether they had received prior funding. The motion failed 0-7-1 (Abstention Councilmember Whitney). 22-G-157 Amendment #1: A motion was made by Councilmember Mackie and seconded by Councilmember Kabir to make this award conditional upon determination of whether The Hotel has received any prior CARES or ARPA funding. If they have not, make the award of $300,000. Mr. Fields researched and verified that The Hotel has not received ARPA or CARES ACT funding. Vote on Amendment #1: Yes: Councilmembers Kabir, Kennedy, Esters, Adams, Mackie and Mitchell No: Councilmember Rigg Abstain: Councilmember Whitney (due to employment) Amendment #1 passed 6-1-1. Vote on the main motion as amended: passed 7-0-1 (Whitney abstained due to employment). Mayor Wojahn expressed his concern that the ability of the Mayor to vote to break a tie does not apply when someone abstains, which essentially gives one person the opportunity to kill the motion by simply abstaining. He would like the Council to consider a Charter Amendment so that when a tie occurs, an abstention would be the equivalent of a “no” which would allow the Mayor to vote to break the tie. 22-O-11 Introduction of Ordinance 22-O-11, I move to introduce Ordinance 22-O-11, which amends City Code §§69-2 and 69-5 to increase from $30,000 to $150,000 the value of the contract that can be negotiated by the City Manager without going out to bid, and the value of the contract that can be awarded by the City Manager instead of the Mayor and Council, to include a reporting requirement, and to amend §69-3 to conform to these changes. Ms. Ferguson provided the overview: As discussed at the Worksession, this would change the limit for when a contract is 1) put out to bid and 2) awarded by City Manager without Council approval. The threshold is currently $30 K; this would increase it to $150 K. This also requires the City Manager to report to Council when there is a sole source award. Discussion: If the City Manager informs Council of the award of a sole source contract without a bidding process, what could Council do at that point? Ms. Ferguson said contracts that she prepares have a “termination for convenience” provision. There may be some difference of College Park City Council Minutes November 8, 2022 Page 7 opinion about the specific amount, but we complain that things move slowly, and in order to speed things up, we need to get comfortable with giving the City Manager more discretion. A motion was made by Councilmember Kennedy and seconded by Councilmember Esters to introduce Ordinance 22-O-11, an Ordinance Of The Mayor And Council Of The City Of College Park Amending Chapter 69, “Purchasing Procedures”, By Repealing And Reenacting §69-2, “Materials Excluded”, §69-3 “Responsibilities Of Finance Director”, And §69-5 “Awarding Of Bids”, To Increase From $30,000 To $150,000 The Value Of The Contract That Can Be Negotiated By The City Manager Without Going Out To Bid, And The Value Of The Contract That Can Be Awarded By The City Manager Instead Of The Mayor And Council, To Require The City Manager To Report Sole Source Contract Awards Of More Than $50,000 To The Mayor And Council, And To Make Conforming Changes. Mayor Wojahn announced that the Public Hearing will be held December 13, 2022 at 7:30 p.m. 22-O-12 Introduction of Ordinance 22-O-12, an Ordinance of the Mayor and Council of the City of College Park, to amend City Code §§38-4, “Definitions”, 38-11, “Conflicts of Interest”, and 38-15, “Required disclosure by City elected officials and candidates to be City elected officials”, to conform to the changes required by the state. Ms. Ferguson provided the overview: As noted at Worksession, various changes were made to the State Ethics Code in 2021 and the City is required to make conforming changes to the City’s Ethics Code. This references amounts of gifts received from MML and will require changes to our Financial Disclosure statements. A motion was made by Councilmember Rigg and seconded by Councilmember Whitney to introduce 22-O-12, An Ordinance Of The Mayor And Council Of The City Of College Park Amending Chapter 38, “Code Of Ethics”, By Repealing And Reenacting§ § 38-4, “Definitions”, § 38-11, “Conflicts Of Interest” And § 38-15, “Required Disclosure – City Elected Officials And Candidates To Be City Elected Officials”, To Conform To Recent Changes To The Maryland Public Ethics Law. Mayor Wojahn announced the Public Hearing Date: December 13, 2022 7:30 p.m. General Comments: Mary King, resident: The abstention votes did their job. Keep the rules the way they are. ADJOURN: A motion to adjourn the meeting was made by Councilmember Mackie and seconded by Councilmember Rigg. Motion passed 8-0, meeting adjourned at 8:45 p.m. _______________________________________________ Janeen S. Miller City Clerk