City Council

DocuSign Envelope ID: 27E752B7-2CE5-49C7-AC58-0EB1873E0BCF MAYOR AND CITY COUNCIL CITY OF SEAT PLEASANT PUBLIC SESSION MONDAY, DECEMBER 13, 2021 7:00P.M. 1. OPENING 1.1.1 Call to Order Council President Higgs called the meeting to order at 7:05p.m. 1.1. Roll Call Present: Councilmember Monica Higgs, Councilmember Hope Love, Vice Mayor Shireka McCarthy, Councilmember Kelly Porter, Councilmember Gerald Raynor, Sr.(Excused), Councilmember Kizzie Scott, Councilmember Gloria Sistrunk Staff: Diamond Plater, Staff Assistant, Jeannelle B. Wallace, Interim City Manager 1.2 Invocation and Pledge of Allegiance The Invocation was given by Councilmember Porter. 1.3 Approval of Agenda It was motioned by Councilmember Sistrunk and seconded by Councilmember Porter to approve the Public Session Agenda. The motion carried, and the agenda was unanimously approved by the Council. Motion by Gloria L. Sistrunk, second by Kelly Porter Final Resolution: Motion Carried Yes: Monica Higgs, Hope Love, Kelly Porter, Gerald Raynor Sr, Kizzie Scott 1.4 Approval of Regular Work Session Meeting Minutes for Monday, November 1, 2021 Motion to Approve Regular Work Session Meeting Minutes for Monday, November 1, 2021 Motion by Gloria L Sistrunk, second by Kelly Porter. Final Resolution: Motion Carried Page 1 of 15 DocuSign Envelope ID: 27E752B7-2CE5-49C7-AC58-0EB1873E0BCF Yes: Monica Higgs, Hope Love, Kelly Porter, Kizzie Scott, Gloria L Sistrunk 1.5 Approval of Public Session Meeting Minutes for Monday, November 8, 2021 Motion to Approve the Public Session Meeting Minutes for Monday, November 8, 2021 Motion by Hope Love, second by Kelly Porter. Final Resolution: Motion Carried Yes: Monica Higgs, Hope Love, Kelly Porter, Kizzie Scott, Gloria L Sistrunk 1.6 Approval of Special Session Meeting Minutes for Monday, November 15, 2021 Motion to approve Special Session Meeting Minutes for Monday, November 15, 2021 Motion by Kelly Porter, second by Gloria L Sistrunk. Final Resolution: Motion Carried Yes: Monica Higgs, Hope Love, Kelly Porter, Kizzie Scott, Gloria L Sistrunk 1.7 Approval of Closed Session Meeting Minutes for Monday, November 15, 2021 Motion to approve the Closed Session Meeting Minutes for Monday, November 15, 2021 Motion by Kelly Porter, second by Gloria L Sistrunk. Final Resolution: Motion Carried Yes: Monica Higgs, Hope Love, Kelly Porter, Kizzie Scott, Gloria L Sistrunk 1.8 Approval of Special Session Meeting Minutes for Friday, November 19, 2021 Motion to approve Special Session Meeting Minutes for Friday, November 19, 2021 Motion by Kelly Porter, second by Gloria L Sistrunk. Final Resolution: Motion Carried Yes: Monica Higgs, Hope Love, Kelly Porter, Kizzie Scott, Gloria L Sistrunk Page 2 of 15 DocuSign Envelope ID: 27E752B7-2CE5-49C7-AC58-0EB1873E0BCF 1.9 Approval of Closed Session Meeting Minutes for Friday, November 19, 2021 Motion to Approve Closed Session Meeting Minutes for Friday, November 19, 2021 Motion by Kelly Porter, second by Hope Love. Final Resolution: Motion Carried Yes: Monica Higgs, Hope Love, Kelly Porter, Kizzie Scott, Gloria L Sistrunk 1.10 Approval of Special Session Meeting Minutes for Monday, November 22, 2021 Motioned to approve the Special Session Meeting Minutes for Monday, November 22, 2021 Motion by Hope Love, second by Kelly Porter. Final Resolution: Motion Carried Yes: Monica Higgs, Hope Love, Kelly Porter, Kizzie Scott, Gloria L Sistrunk 1.11 Approval of Closed Session Meeting Minutes for Monday, November 22, 2021 Motion to approve the Closed Session Meeting Minutes for Monday, November 22, 2021 Motion by Kelly Porter, second by Gloria L Sistrunk. Final Resolution: Motion Carried Yes: Monica Higgs, Hope Love, Kelly Porter, Kizzie Scott, Gloria L Sistrunk 1.12 Approval of Special Session Meeting Minutes for Tuesday, November 23, 2021 Motion to approve Special Session Meeting Minutes for Tuesday, November 23, 2021 Motion by Hope Love, second by Kelly Porter. Final Resolution: Motion Carried Yes: Monica Higgs, Hope Love, Kelly Porter, Kizzie Scott, Gloria L Sistrunk Page 3 of 15 DocuSign Envelope ID: 27E752B7-2CE5-49C7-AC58-0EB1873E0BCF 1.13 Approval of Closed Session Meeting Minutes for Tuesday, November 23, 2021 Motion to approve Closed Session Meeting Minutes for Tuesday, November 23, 2021 Motion by Kelly Porter, second by Gloria L Sistrunk. Final Resolution: Motion Carried Yes: Monica Higgs, Hope Love, Kelly Porter, Kizzie Scott, Gloria L Sistrunk 1.14 Approval of Special Session Meeting Minutes for Monday, November 29, 2021, at 5:00p.m. Motion to Approve Special Session Meeting Minutes for Monday, November 29, 2021 Motion by Hope Love, second by Kelly Porter. Final Resolution: Motion Carried Yes: Monica Higgs, Hope Love, Kelly Porter, Kizzie Scott, Gloria L Sistrunk 1.15 Approval of Closed Session Meeting Minutes for Monday, November 29, 2021, at 5:00p.m. Motion to approve the Closed Session Meeting Minutes for Monday, November 29, 2021 Motion by Kelly Porter, second by Hope Love. Final Resolution: Motion Carried Yes: Monica Higgs, Hope Love, Kelly Porter, Kizzie Scott, Gloria L Sistrunk 1.16 Motion to Approve Special Session Meeting Minutes for Monday, November 29, 2021, at 6:00p.m. Motion to Approve Special Session Meeting Minutes for Monday, November 29, 2021, at 6:00p.m. Motion by Kelly Porter, second by Hope Love. Final Resolution: Motion Carried Yes: Monica Higgs, Hope Love, Kelly Porter, Kizzie Scott, Gloria L Sistrunk Page 4 of 15 DocuSign Envelope ID: 27E752B7-2CE5-49C7-AC58-0EB1873E0BCF 1.17 Motion to Approve Closed Session Meeting Minutes for Monday, November 29, 2021, at 8:00p.m. Motion to approve the Closed Session Meeting Minutes for Monday, November 29, 2021, for 7:00pm Motion by Kelly Porter, second by Gloria L Sistrunk. Final Resolution: Motion Carried Yes: Monica Higgs, Hope Love, Kelly Porter, Kizzie Scott, Gloria L Sistrunk 2. CITIZEN COMMENTS 2.1. Citizens comments  Mr. Sturdivant-619 64th Ave asked how much did the Powers Group bill the city for the investigation? Can the residents get a redacted copy of the Powers Group report that shows the findings and the recommendations from the investigations of the former mayor?  Mr. Sturdivant asked why is SPICE being dismantled?  Mr. Sturdivant asked what is the status of the letter from the attorney that was instructed to revise the hold harmless of SPICE for the accountability of the $600,000?  Mr. Sturdivant asked if the city can you provide the names of SPICE Board Members and Executive Staff, former and present?.  Mr. Sturdivant asked what is the balance of the city’s reserves?  Mr. Sturdivant asked what is the update of the renovations of City Hall? When will the building be certified for occupancy?  Reverend John Walker 6510 Adak St. stated that he was aware of the applications for filling the vacancy for mayor should have been filed on or before December 6, 2021.  Mr. Walker stated that he presumes that the Council is in the process of evaluating and vetting the various applicants for the position and would like to know if the council is going to correct the errors that are in the Charter procedure (Section C-309) for filling the vacancy of Mayor? Page 5 of 15 DocuSign Envelope ID: 27E752B7-2CE5-49C7-AC58-0EB1873E0BCF  Reverend Walker stated that the notices weren’t sent to all registered voters and has asked will new notices be sent to individual registered voters as required by the Seat Pleasant Charter?  Revered Walker asked if any of the current Councilmembers applied for the position of Mayor? If so, who are the Councilpersons, and will they be recused from participating in the selection process  Reverend Walker also asked what is the status with Chief Devan Martin? Mr. Walker stated that there is a lot of scuttlebutts going around as far as PIP.  Revered Walker stated that the selection process regarding the mayor can take place as early as Monday and he wanted to know if his questions will be answered before a selection will be made.  Mrs. Wallace stated that the notices were sent to every registered voter in the city in accordance with the Voter Registration list. The notices were sent to the current residents oppose to the name of the voter. If there were more than one person registered to vote at the current address, they each received a card.  Mrs. Wallace stated that the current councilmember running for the position of the mayor, will recluse themselves from the voting process to fill the vacancy of mayor. 3. PRESENTATION 3.1. None. 4. LEGISLATION 4.1 Ordinance O-22-07 Amendment of Fiscal Year 2021-2022 for GOCCP Grant Funding for the Police Department Grants 2nd Reading Motion to approve Ordinance O-22-07 Amendment of Fiscal Year 2021- 2022 Budget for GOCCP Grant Funding for the Police Department Motioned by Kelly Porter, second by Gloria L Sistrunk. Page 6 of 15 DocuSign Envelope ID: 27E752B7-2CE5-49C7-AC58-0EB1873E0BCF Ordinance O-22-07 was introduced on Monday, December 6, 2021, and read by the City Clerk. The second reading was conducted on Monday, December 13, 2021. Councilmember Sistrunk read the language as listed in BoardDocs for the Ordinance. Councilmember Sistrunk stated that this ordinance needs to be tabled until we receive clarification on the Ordinance O-22-07. Ms. Plater stated that in accordance with the Regular Work Session on December 6, 2021, the Ordinance O-22-07 was for GOCCP funding. It was motioned by Councilmember Love and seconded by Councilmember Sistrunk to table the Ordinance O-22-07. The motion was unanimously approved by the City Council. 5. REPORTS: 5.1 Council President Report  Councilmember Porter stated the Council President report can be found in Boarddocs. 5.2. Office of Mayor Report  Vice Mayor McCarthy stated that the report can be found in Boarddocs.  Vice Mayor McCarthy stated that she wanted to remind the council of the ARP funding and if you know any residents that are in needs of mortgage or rental relieve related to COVID. Please contact the City Council or herself. any residents who live within the City of Seat Pleasant there is funding available and can contact Vice Mayor McCarthy and City Council and they will be able to assist you. 5.3 Jeannelle Wallace, Interim City Manager  Mrs. Wallace stated she would like to add to Vice Mayor McCarthy if anyone is behind with water and sewer related, need to contact city hall for the Grant Manager or their ward representative, it has to be COVID related. More residents have been requesting assistance for their water bill. Page 7 of 15 DocuSign Envelope ID: 27E752B7-2CE5-49C7-AC58-0EB1873E0BCF  Mrs. Wallace stated the acting city manager that was hired November 1, 2021, is no longer with the city effective December 3, 2021. The position will be posted this week on all platforms including International City Management Association and MML. The position description and announcement were sent to Councilmembers for review. The position will be posted on the city’s website as well as the other sites mentioned above.  Mrs. Wallace stated the current contract was extended for interim City Manager until February 28, 2022. If the city is not successful in filling the position by February 28, 2022, the city will seek assistance from MML to bring on experienced City Manager until the position is filled.  Mrs. Wallace stated the community housing Partnership we had several meetings and a discussion last month regarding the MOU to pursue potential feasibility of development on MLK highway that is owned by the city where the church and beauty shop was located.  Mrs. Wallace stated that they would like 5-7 low to moderate income residents, for teachers, firefighters and first responders and police officers.  Mrs. Wallace stated there were some issues raised by the City Council of displacement, no one will be forced out of their home unless they want to sell. The developer wants to purchase other development, but the MOU is the first phase.  Mrs. Wallace stated that it will be 4-5 years before the ground is broken because charrettes will have to be held, county permits, testing and surveys, tax credits or whether they can take designation of HUD zones, enterprise zones and opportunity zones. The developers would like to design homes that are environmentally friendly and hopefully the city would get an award. They would like to have a conference call in rhe beginning of the new year, but this is the first phase to figure out what is available.  Ms. Wallace stated that all legal issues is being held by LGIT and the city attorney. There are no final actions by the courts from the legal matter and are still under investigation.  Ms. Wallace stated the City Attorney had a call with SPICE board chair, indemnity clause has been removed, the attorney will get a singed release and check for the remaining asset.  Mrs. Wallace stated the money has been spent, no autonomy by the city, no oversight management or responsibility, the money that was Page 8 of 15 DocuSign Envelope ID: 27E752B7-2CE5-49C7-AC58-0EB1873E0BCF spent in three and half years for compensation for the board and for travel, and few reports written. The bylaws as established by the SPICE Board dissolution of the corporation and upon agreement the corporation be dissolved and dismantled. The current city council has been involved with the last 10 months initially trying to get reports from SPICE and the bank statements. The bank statement i been given to auditors  Mrs. Wallace stated that the charette scheduled for January 6, 2022, will give input on architectural drawing for two homes. The grant totaled $500,000 and covers architectural drawing. anticipating grant funding and three designs for the architecture. The property set for two years and was demolished by the city. It was the burnt property that the city purchased from Bank of America for $10.00. We anticipate on getting additional grant funding to complete both properties. Please mark your calendars for the date above.  Mrs. Wallace stated that the city current finances are in good standing, we currently have over three million in our operating account, not including speed camera revenue.  Mrs. Wallace stated the Chief Financial officer interviews will be scheduled for this week; successful candidates will be sent over to City council as well as additional questions in hopes to have the position filled in two to four weeks.  Mrs. Wallace stated that the police department has been meeting with the manager of the shopping center, the negotiations went from $3,000 to $1500, and has reduce it to $1000 for the satellite office. The City Council will continue to discuss this possibility of a satellite office. There are some concerns considering the police department is to provide security. The CVS has been robbed several times. The space for consideration is the prior Ashley Stewart location. There are some concerns questions regarding these negotiations because the purpose. this site will be at Ashley Stewart and will have a way to go before an agreement has been reached. some councilmembers brought up possibility of increase patrol as opposed to renting out the space. We currently have thirty-one officers on staff and four in the academy.  Mrs. Wallace stated the city received a complaint with open meetings board stating that the city does not disclose actions in the closed Page 9 of 15 DocuSign Envelope ID: 27E752B7-2CE5-49C7-AC58-0EB1873E0BCF meetings, which we cannot as the meetings as sealed. The meeting notices are posted on the website., notifying the meetings and that they do not disclose.The city clerk has drafted a response have been reviewed and edited by Mrs. Wallace and the City Attorney. the meetings are always posted on the door at city hall and the city's website in terms of the date. The meeting minutes are approved at the open session, prepared, and sent to the council for the review. Because of the pandemic, the first meetings were hacked, and the City Clerk researched a secure platform to host the meetings and it require attendees to register in advance. So that no one can hack into the meetings and disturb our proceedings  Mrs. Wallace stated the grant divisions has a lenthy report and the National Strategic Economic Development Fund Grant balance is $722.90 we are waiting to complete the funding for 420 69th St. , . We have a grant for community legacy and $500,000 under the Maryland affordable housing Trust Grant. We have another $450,000 submitted to prince George’s County for CBDG grant.  Mrs. Wallace stated the city will submit another grant for parks and playgrounds and national resources for funding for some of our other parks.  Mrs. Wallace stated a grant was given to Chesapeake trail but still waiting for pending announcement. Chesapeake Bay Trust for Storm water and used for students to receive community service hours. 6. UNFINISHED BUSINESS 6.1. Mayoral Candidate Discussion  Councilmember Porter has asked to look at MML or National League of Cities to have any type of discussion on this type of situation that has occurred to impart some type of advice to the city. to ask of legal discussion to assist with us to state related concern and may be able to give discussion.  Councilmember Scott mentioned when the charter was written it was not thought out completely as things will occur. We as the elected official was elected by the people. The council feels that or some of us feel that if the mayor seat becomes vacant during our term, it should remain vacant until the end of the term. We as the council need to select a new City Manager and CFO so that the day-to-day operations are not interrupted. This should be our focus Page 10 of 15 DocuSign Envelope ID: 27E752B7-2CE5-49C7-AC58-0EB1873E0BCF  Councilmember Scott stated the council should do things to accomplish, such as the city charter to be concluded with updates, city code to be concluded with updates, employee handbook to be concluded with updates, ethics boards and working to have effective communication.  Councilmember Scott is requesting a motion that the mayor’s seat should remain vacant until the next election.  Councilmember Sistrunk stated that this needs to be done correctly and a motion needs to be made to draft a charter amendment resolution.  It was motioned by Councilmember Scott to create the charter amendment resolution, that the mayor seat should remain vacant until the term is over by election and seconded by Councilmember Love.  Councilmember Sistrunk stated that the Charter Amendment Resolution should specify the section of the charter to be amended as it is sixteen sections in the charter.  Mrs. Wallace stated that the charter states that the city council should start the process over to fill the vacancy. The council will need to state the reason for changing the charter. The Charter Amendment Resolution will be document that will be drafted to change the charter with the Government Affairs Committee and the City Attorney who has advised that the City Council re-start the process.  Councilmember Porter stated that based on the information we have from our legal counsel and the suggestion of the city manager to put into committee to take care of the suggested points to be clear. We need to vet this properly oppose to moving forward.  Councilmember Scott stated that it is not fair for the council to decide who should be put into place to fill the position.  Councilmember Sistrunk stated that the council put in place the charter.  Councilmember Porter stated that he suggested that we look at MML and NLC to ensure that we are legally doing things correctly. The city pays dues to these association.  Councilmember Scott motioned to draft a Charter Amendment Resolution to amend section C-309 of the Chart and it was seconded by Councilmember Love. The motion carried. Motion by Kizzie Scott, second by Hope Love. Final Resolution: Motion Carried Page 11 of 15 DocuSign Envelope ID: 27E752B7-2CE5-49C7-AC58-0EB1873E0BCF Yes: Monica Higgs, Hope Love, Kizzie Scott, No: Gloria L Sistrunk, Kelly Porter 7. NEW BUSINESS 7.1 7.1 Signatures for Banking Institution  Mrs. Wallace stated a letter from the industrial bank requires for the revolving line of credit, which was opened by the city on July 17, 2021 and the agreement expired, and need an extension to set forth the maturity date. The initial line of credit maturity date will be extended to January 1, 2022, and pay off the loan.  Mrs. Wallace stated there is an attorney fee listed and the total is $1,202.50. The amount remaining on the loan is $195,000 and the city is prepared to pay the loan balance. There was modification resolution since there were changes, new signer of the checks. The new signers are Shireka McCarthy, Monica Higgs, Gloria Sistrunk, and Jeannelle Wallace.  Mrs. Wallace stated that the Resolution will be signed by the City Clerk Dashaun Lanham.  Mrs. Wallace stated that once signed the promissory note need to be signed. Upon approval, they will be signed via DocuSign.  Councilmember Porter inquired where the money will be coming from? Mrs. Wallace stated that the city’s general fund.  Councilmember Sistrunk stated that there are errors in the documents dated December 10, 2021.  Mrs. Wallace stated that the documents were updated as of today, December 13, 2021. The documents are the allonge, the resolution and the letter.  Councilmember Sistrunk stated that if the city is paying the loan off, why do we need to produce new signatures.  Mrs. Wallace stated that the new signatures are required because the people who signed are no longer with the city. Page 12 of 15 DocuSign Envelope ID: 27E752B7-2CE5-49C7-AC58-0EB1873E0BCF  Mrs. Wallace stated that this is a requirement by the bank that the documents be signed.   Councilmember Porter suggested that Mrs. Wallace obtain a legal opinion of what is necessary.  Vice Mayor McCarthy stated that we do not need to go to the City Attorney and council needs to make the decision on who will sign. In accordance with the City Code, it requires the Mayor, the Finance Chair, the Treasurer and the City Manager.  Councilmember Higgs stated that she does have a problem with being on the documents that are dated in 2020 and how the money was spent. She stated that if it needs to be paid, we need to pay it and it is on the bank who missed something that expired six months ago.  Mrs. Wallace stated that we cannot ask for individuals who are no longer associated with the city to sign documents for the city.  Councilmember Scott stated that signature can be Vice Mayor McCarthy and Mrs. Wallace.  Mrs. Wallace stated that when you need a wet signature on the bank, we need to have signatures of the parties as listed on the city code.  Councilmember Sistrunk is requesting the documents be placed on the bank letter head.  Councilmember Sistrunk stated that when the original ordinance was passed for check signing it was four people. She stated that she has been on the council for five years and never signed a check. So, who has been signing the checks?  Mrs. Wallace stated that the checks were only requiring two signatures, which was the mayor, the Chief Financial Officer, the Council President, and the Chair of the Finance committee. So, if they had obtained two of the individuals, they would not contact you.  Mrs. Wallace stated that Councilmember Higgs is really serving as the Council President due to the vacancy. Page 13 of 15 DocuSign Envelope ID: 27E752B7-2CE5-49C7-AC58-0EB1873E0BCF  Councilmember Scott inquired who is on the finance committee? It was stated that Councilmember Sistrunk, Councilmember Porter and Councilmember Higgs.  The full City Council is requesting the original document. 8. ANNOUNCEMENTS 8.1 Ward V Meeting, Monday, December 20, 2021, Seat Pleasant Volunteer Fire Department, 6305 Addison Rd., Seat Pleasant, MD from 9:30am- 11:30am. Councilmember Sistrunk stated that seating is limited, and you must RSVP and you must wear a mask due to COVID. 8.2 6th Annual Christmas Light Contest Judging from December 20-22, 2021, from 7:00pm-9:00pm Winners announced on December 23, 2021, 7:00p.m.-9:00p.m. Vice Mayor McCarthy stated that we have two submissions, and we have three awards. If you see someone in your ward with lights, please have them submit on-line. 8.3 Santa with A badge, Tuesday, December 21, 2021, at 5:00pm 8.4. Christmas Caroling, Shopping Center’s, Wednesday, December 22, 2021, at 6:00pm. Councilmember Scott stated that this is a community event with the police department and the City Council can join as well. 8.5. Christmas Caroling, Senior Resident’s home, Wednesday, December 23, 2021, at 6:00pm. Councilmember Scott requested for the City Council to provide names of seniors that cannot get out for the Christmas Caroling. 8.6 Regular Work Session, Monday, January 3, 2022, by Zoom Video at 6:00pm. Meeting link details will be on the city's website, Seat Pleasant, MD 8.7 Ward I Meeting, Wednesday, January 5, 2022, Seat Pleasant Activity Center, 5720 Addison Rd., Seat Pleasant, MD at 6:00p.m. 8.8. Revitilazation of Vacant Spaces Charrette, Thursday, January 6, 2022, Seat Pleasant Fire Department, 6305 Addison Rd. Seat Pleasant, MD at 6:00p.m. Page 14 of 15 DocuSign Envelope ID: 27E752B7-2CE5-49C7-AC58-0EB1873E0BCF 8.9 Public Session, Monday, January 10, 2022, by Zoom Video at 7:00pm. Meeting link details will be on the city's website, Seat Pleasant, MD 8.10 443rd General Assembly Session, Wednesday, January 12, 2022-April 11, 2022 9. ADJOURN: 9.1 Adjourn The meeting adjourned at 9:23pm Submitted by, Dashaun N. Lanham, CMC City Clerk Page 15 of 15