City Council

CITY OF TAKOMA PARK, MARYLAND CITY COUNCIL MEETING Monday, July 14, 2021 Minutes Minutes adopted Nov. 17, 2021 CALL TO ORDER/ROLL CALL Present: Mayor Stewart, Councilmember Kovar, Councilmember Dyballa, Councilmember Kostiuk, Councilmember Smith, Councilmember Searcy Absent: Councilmember Seamens Also Present: Acting City Manager Clarke, Public Works Director Braithwaite, Planning Manager Grigsby, City Planner Alex Freedman, City Attorney Skip Cornbrooks, Housing Manager Wiggins The City Council convened at 6:00 PM via Zoom for a special presentation. PRESENTATION 1. Montgomery Housing Partnership Hillwood Manor Project Ms. Stewart gave a brief introduction about Montgomery Housing Partnership (MHP). She stated that Hillwood Manor apartments was purchased by MHP in 2016 and since then MHP has been working towards arranging for rehabilitation of the project. Mr. Artie Harris and Ms. Stephanie Roodman gave a presentation on the rehabilitation plans and the construction timeline for the project. The Council made recommendations related to building upgrades involving energy efficiency and WiFi access. Ms. Stewart referred to the ARPA funds and explained that in September the Council would discuss the possibility of allocating some of the funds towards the Hillwood Manor project. The presentation ended and the Council recessed at 6:47 PM. The Council reconvened for the regular meeting at 7:30 PM. Page 1 of 4 CHANGES TO THE AGENDA / AGENDA SCHEDULING UPDATE Mayor Stewart provided an update on future agenda items. GENERAL PULIC COMMENTS • Paul Huebner – commented on the proposed purchasing ordinance. He expressed his concern regarding fiscal authority within the City administration. • Mary Jane Muchui – commented on her possible move from the City. COUNCIL COMMENTS Ms. Kostiuk – commented on traffic safety concerns at the Lincoln and Carroll Avenues intersection, Carroll Avenue sidewalks, and meetings she attended recently. Ms. Searcy – thanked the pubic safety task force for their presentation on July 13. She commented on meetings attended and upcoming meetings and events. Ms. Dyballa – commented on meetings attended and upcoming meetings and events. Mr. Kovar – commented on upcoming events. He requested information regarding stormwater fee appeals. CITY MANAGER COMMENTS Ms. Clarke gave an update on COVID response in the City. She reported on the stormwater fee information, calculations, and site visits in cases where measurements of impervious areas need to be confirmed. Ms. Braithwaite responded to questions about the stormwater fee and site visits. VOTING SESSION 2. First Reading Ordinance Awarding a Contract for Consulting Services for Redistricting Ms. Carpenter noted that the contract with FLO Analytics includes partnering with Bloom Planning for outreach and engagement. Councilmember Searcy moved adoption of the ordinance. Councilmember Dyballa seconded the motion. The motion carried (VOTING FOR: Kovar, Dyballa, Kostiuk, Smith, Searcy, Stewart; ABSENT: Seamens). Page 2 of 4 WORK SESSION 2. Subdivision of 7402 Garland Avenue Property Mr. Freedman gave a brief overview of the project and timeline. Representatives from Habitat for Humanity were available to answer Council’s questions. Ms. Stewart thanked Habitat for Humanity for their work and partnership. 3. Discussion of Legislative Priorities Ann Ciekot, the City’s legislative advocate, gave a presentation on legislation relating to housing issues, climate solutions, transportation issues and other potential priority areas. The Council selected items to be included in a resolution. 4. Continued Discussion of Purchasing Code Ms. Clarke gave a brief overview of the purchasing code and presented the key proposed amendments to the code. Ms. Stewart concluded that the majority of the Council was in favor of the proposed amendments with the line item changes proposed. She asked staff to make the updates by the end of the week to review before the first council vote next week. 5. FY 2022 Budget Amendment No. 1 Ms. Clarke gave a presentation on the proposed budget amendment, noting that the budget amendment was the first amendment to include ARPA funds. She included in her presentation eligible uses of ARPA funds and allocation recommendations. (Presentation attached) 6. Discussion of Resolution to Accept Local 400 Reopener Agreement and Resolution Regarding Wages for Staff Not Covered by a Collective Bargaining Agreement Ms. Clarke reported that an employment cost index (ECI), step increase, and distinguished performance increase would typically be included in the budget. Due to the financial uncertainty relating to the pandemic, only a 1.8% salary increase was included in the budget. She noted that the proposal was accepted by Local 400 and that AFSCME was scheduled to hold a wage reopener negotiation mediation next week. A resolution on the Local 400 agreement will be scheduled for next week. ADJOURN Page 3 of 4 The City Council adjourned for the evening at approximately 11:30 PM. Page 4 of 4 FY22 1st Budget Amendment and American Rescue Plan Act Funds Presented by: Acting City Manager Jessica Clarke July 14, 2021 Fiscal Year 2022 – First Budget Amendment Budget Amendment Type FY22 Funding Source FY21 Carryover Expenditure Increase General Fund $ 986,842 $ 270,000 Stormwater $ 395,000 $ - Special Revenue - Cable Grants $ 30,000 $ - Special Revenue - ARPA $ - $ 565,000 Total $ 1,411,842 $ 835,000 Fiscal Year 2021 Carryovers • Fiscal Year 2021 Carryovers by Department Budget Amount balances that were General Fund Carryover Total $ 986,842 not spent by the end Communications $ 5,000 of the fiscal year and need to be carried General Government $ 73,800 over into Fiscal Year Housing and Community Development $ 267,300 2022, generally due Police $ 64,500 to project delays or Public Works $ 576,242 invoicing delays Stormwater Fund Carryover Total $ 395,000 Public Works $ 395,000 Cable Grant Carryover Total $ 30,000 Communications $ 30,000 Grand Total $ 1,411,842 Fiscal 2021 Carryovers by Department PUBLIC WORKS GENERAL FUND  $300,000 for ADA Sidewalks  $192,000 for Sustainability Projects  $30,000 for leaf vacuum price increase, $31K for pick-up truck invoicing delay PUBLIC WORKS STORMWATER FUND  $295,000 for planned stormwater projects that were delayed  $100,000 for labor and parts for delayed stormwater projects HOUSING AND COMMUNITY DEVELOPMENT GENERAL FUND  $60,000 for bus shelters improvement  $50,000 for unfinished bike improvement projects  $40,000 for public land management projects  $48,000 for streetscape improvements  $69,300 for delayed art projects and events, communications materials, community outreach, training and conferences Fiscal 2021 Carryovers by Department Cont. GENERAL GOVERNMENT GENERAL FUND  $31,900 for Human Resources recruitment and contracts  $27,900 for conferences and training opportunities, all divisions  $10,000 for Finance investment consultation delay  $4,000 for Boards, Commissions, and Committees recruitment POLICE DEPARTMENT GENERAL FUND  $37,700 for invoicing delay for police promotional process already completed  $26,800 for license plate readers delayed purchase for replacing outdated units and system upgrades COMMUNICATIONS GENERAL FUND/CABLE GRANTS  $30,000 for server upgrades, wireless video upgrade, system upgrade (Cable)  $5,000 for website tech support New Budget Items - General Fund General Fund Expenditure Increase Budget Amount General Government $ 240,000 Police $ 30,000 Grand Total $ 270,000 Enterprise Resource Planning – Human Resources Systems Upgrade & Consolidation  $125,000 for ERP upgrade and migration  $40,000 for HR intern upgrade City Clerk Elections Planning  $75,000 for the completion of redistricting prior to the next City election Police Dispatcher Talent Retention  $30,000 for position upgrades to reduce staff turnover New Budget Items – American Rescue Plan Act Special Reserve Adopted Fiscal Year 2022 - ARPA Expenditures Budget Amount Revenue Loss Reimbursement $ 1,191,900 Façade Improvement Grant $ 8,000 Document Management Platform $ 100,000 Total $ 1,299,900 ARPA Expenditure Increase - July Amendment Budget Amount Finance $ 75,000 General Government $ 220,000 Housing and Community Development $ 150,000 Information Technology $ 120,000 Grand Total $ 565,000 *Combined $1,864,900 out of a total $17,400,000 to be obligated by December 2024* Major ARPA Eligible Uses  Public Health and Economic Impacts o Expanded list of uses similar to those paid for from City’s COVID-19 Fund, including direct help to residents and businesses  Premium Pay o Similar to hazard pay paid to City employees at beginning of the pandemic  Revenue Loss o Compensates City for revenue we would have normally received; included in the FY22 budget  Investments in Infrastructure o A category the City has not had available through COVID-19 funding to date 8 ARPA Timeline  April - Inclusion of some ARPA funds in the Adopted FY22 Budget (limited guidance)  May - Interim Final Rule on Eligible Uses Released by U.S. Treasury o Ensure all steps in place to receive the funds  June & July – Eligibility Analysis & Amendment Prioritization o Attend NLC/GFOA webinars o Create potential project lists by Department o Data visualization for eligibility justification o Identify most immediate organizational needs for first budget amendment  August o Hire for critically needed positions o Receive state reporting requirements o Finalize staff recommendations o Evaluate other federal funding sources  September o Spending plan development with new City Manager and outreach to stakeholders o Second budget amendment Preparing for ARPA - Building Internal Capacity Eligible Uses Related to ARPA Administration  Treasury recognizes that responding to the public health and negative economic impacts of the pandemic, including administering the services described above, requires a substantial commitment of State, local, and Tribal government human resources.  Administrators. Recipients may use funds to cover the portion of payroll and benefits of employees corresponding to time spent on administrative work necessary due to the COVID–19 public health emergency and its negative economic impacts. This includes, but is not limited to, costs related to disbursing payments of Fiscal Recovery Funds and managing new grant programs established using Fiscal Recovery Funds.  Expenses to Improve Efficacy of Economic Relief Programs. State, local, and Tribal governments may use payments from the Fiscal Recovery Funds to improve efficacy of programs addressing negative economic impacts, including through use of data analysis, targeted consumer outreach, improvements to data or technology infrastructure, and impact evaluations.  Costs for consultants to support effective management and oversight, including consultation for ensuring compliance with legal, regulatory, and other requirements, are also covered. ARPA Expenditures – First Budget Amendment ARPA Allocation for ARPA Coordinator (Limited Term) - $120,000  The ARPA Coordinator will function as a grants coordinator or portfolio manager.  The ARPA coordinator will assist City Council and the City Administration in mapping out funding priorities based on assessments of need. $100,000 is also included in this budget amendment for community engagement around eligible uses of ARPA funds.  The ARPA Coordinator will participate in work sessions with senior leadership, Council, and other stakeholders to review and approve eligible projects.  This role can ensure cross-departmental communication and collaboration with local and regional partners around ARPA-funded initiatives.  A key part of this job description will be expenditure tracking, compliance monitoring, federally required reporting, and periodic updates on progress towards spending goals and community development outcomes for full transparency into ARPA spending. ARPA Expenditures Cont. ARPA Payroll and Accounting Specialist (Limited Term) - $75,000  ARPA administration will create a higher volume of financial transactions and financial reporting that will stretch Finance Department capacity.  Prior to COVID-19, Finance had a part-time position budgeted to assist with payroll and accounts payable and answer the phones and in-person payment window.  We would like to restore that part-time position to fulfill those duties, but also make it full time to assist the ARPA coordinator in ARPA documentation and reporting ARPA Emergency Rental Assistance - First Quarter - $150,000  With the extension of the state’s moratorium on evictions, our Housing Division has estimated that $150,000 will be needed for back rent, utilities, and moving expenses assistance through September. ARPA Expenditures Cont. ARPA Allocation for Software Developer (Limited Term) - $120,000  This role will design software programs, successfully build City platforms, and manage applications so that they integrate with our current programs.  This position will help implement the $100K document management platform already budgeted under General Fund to facilitate ARPA tracking and reporting as well as assist with the website upgrade.  The software developer will meet with Department heads to determine their software needs, code and test software to create or update software applications, ensure functionality, work with City management to identify requirements and specifications for major projects.  A key area of need is developing better customer relationship management (CRM) software to phase out GovQA/My TkPk and manage constituent requests in a central database.  The Housing and Community Development Department, Police Department, and Public Works Department in particular will benefit from software development assistance. Big Picture • These funds are one-time funds, so should be targeted to one-time expenditures. The most cost-effective uses of the funds are to take steps that lead to long term or systemic improvements for residents, businesses and the City government. • Our goal over the next few months is to create a spending plan that helps households, small businesses, and nonprofits respond to the public health emergency and its negative economic impacts while making strategic investments in the City’s workforce, public infrastructure, and fiscal health 14 Resolution Regarding Subdivision Application for 7402 Garland Avenue Item #3 July 14th, 2021 Presented by: Alex Freedman, Planner Housing & Community Development City of Takoma Park Background 7402 Garland Ave ● Formerly 3-unit rental building ● Zoned R-40 (duplex-style home) ● Purchased by Habitat for Humanity for $510,000 ○ $200,000 of funding from the City’s Housing Reserve Fund Background Sept. 11, 2020 May 18, 2021 City of Takoma Park initiated the Habitat for Humanity submitted an City’s Opportunity to Purchase application to subdivide the property July 21, 2021 law process with intent to extend into two parcels to Montgomery City Council right to Habitat for Humanity. County Planning Commission. Voting Session Sept. 23, 2020 July 14, 2021 City Council passed Ordinance City Council 2020-26, authorizing the City Manager Working Session to enter a contract with Habitat for Humanity and use $200,000 from the Housing Reserve Fund. Site Plan N For a full scale site plan, visit: https://eplans.montgomeryplanning.org/daiclinks/pdoxlinks.aspx?apno=1202 10220&projname=7402%20Garland%20Avenue For more information Visit the City’s Development Review web page to track the review process for 7402 Garland Ave: ● https://takomaparkmd.gov/government/housing-and-community-d evelopment/planning-and-community-development/development-re view/  City of Takoma Park Maryland Municipal League Legislative Action Requests 2022 July 14, 2021 Housing The Council urges MML to initiate or support legislation that assists municipalities with housing and community development issues by:  Requiring that the District Courts collect and share timely and dynamic data related to executed evictions. This will allow municipalities to better plan for eviction prevention programming and neighborhood development efforts.  Giving authority for municipal governments to enact “just cause” legislation if they desire.  Shielding court records related to failure to pay rent judgements that are used to prevent renters from obtaining housing.  Promoting legislation or sources of funding to maintain affordable housing in areas with rising property values and rents resulting from infrastructure improvements, transit projects such as the Purple Line, and redevelopment Climate Solutions The Council urges MML to initiate or support legislation that assists municipalities with mitigating the negative impacts of climate change by:  Requiring the Maryland Department of Housing and Community Development develop a plan to coordinate funding to support health and safety upgrades, weatherization, energy efficiency, and other general maintenance for low-income housing.  Providing targets and resources to dramatically improve the energy efficiency of buildings, especially low and middle-income housing and multifamily buildings.  Embracing aggressive statewide targets and actions for climate mitigation and adaptation. 3 Transportation  The Council urges MML to support the override of the veto of Senate Bill 199/House Bill 114 – Transit Safety and Investment Act. This action would provide future funding to support businesses impacted by the Purple Line Construction.  [SHA Pedestrian Safety] 4 Other Potential Issues  Flexibility in Revenue Generation o The Council urges MML to initiate or support legislation that would provide additional opportunities to raise municipal revenues without increasing dependence on property taxes.  Election consolidation o Montgomery Council municipalities that use ranked choice voting (RCV), and that have election dates that coincide with state election dates, should be permitted to request to be on the state ballot for their elections and their requests should be accommodated.  Local Control for Small Cell Infrastructure o Continue to protect local government authority as it relates to 5G small cell wireless installations. 5 Purchasing Code: Pr o p o s ed Am en d m en t s Co n t . July 14, 2021 Key Changes to $ Thresholds - Cu r r e n t Key Changes to $ Thresholds - Pr o p o s e d $ Thresholds - Exa m p le s  Proposed Process for Purchases $50,000 and Over 7) Develop and route contract (City 6) Council considers agenda item; to Attorney to City to Vendor to City 1) Identify need approves purchase to Attorney to City to vendor to Clerk) 7) Project lead receives and routes invoice (Entered by admin staff, 5) Draft agenda item (project lead to 2) Solicit information from vendors approved by Department Head, City Manager or Deputy to Clerk to to develop cost estimate approved by Deputy City Manager, public) Approved by Finance Director, Final Approval by Deputy City Manager) 3) Include necessary funds in annual 4) Develop RFP/Evaluate bids and 8) Change order? Contract budget select recommended vendor amendment? RFP Evaluation Forms Mid-level managers, Department heads, City Manager, Deputy City Manager, and Finance Director are involved in bid evaluation and purchasing approvals.