[RP TownTalk] Economic Development Grant - Item#5 on the 6/5 Legislative Meeting

[Jonathan Ebbeler]

Mayor and Councilmembers -

I saw, with some concern, that the grant request for Ernie's Lock was on the Legislative Agenda.  Although I made it abundantly clear before I left office I was in full support of this request, the Council as a whole is legally unable to act upon it.  This is a matter for the Economic Development Committee and they should approve it.

I am increasingly and generally concerned by what I see in this administration as creating due process and procedures that rewards friends and punishes foes.  If there are Ordinances or Resolutions passed, the Council is obligated to follow the law, not circumvent it.

As the author of the legislation that made the grants possible I very specifically took the power of this program away from the Council as a whole so as to avoid the bureaucracy of needing a Legislative Meeting to award a grant.  In many instances, these requests have a time criticality element to them and I wanted the program to be as flexible to the applicant's request.

The Council as a whole only has purview over the program at budget time in how much funding to appropriate.  In this upcoming year it appears to no longer be a priority since it is only being budgeted at $5,000 which is certainly your prerogative as the elected officials in setting town priorities and funding them accordingly.

The original legislation is here:  http://riverdaleparkmd.info/2013-R-15%20RetailCommercial%20Tenant%20Grant%20Program.pdf

Please direct your attention to the last two paragraphs:

"THEREFORE BE IT RESOLVED, that the Mayor and Town Council of Riverdale Park are committed to supporting the existing and new business partners  and will support leasehold and signage improvements via a grant program to be administered by the Economic Development Committee.

BE IT FURTHER RESOLVED that the Economic Development Committee of the Town of Riverdale Park will establish and administer the guidelines for this program and shall be responsible for decisions related to awards and disbursements."

As you can read, the Economic Development Committee, not the Council, "SHALL be responsible for decisions related to awards and disbursements."  The use of shall as opposed to should was purposeful in that it is a legal requirement that is not debatable.  The language was very purposeful just like it was very purposeful to be a leasehold/tenant improvement grant vehicle, not just low hanging fruit like signage.

The Economic Development Committee has not met on this issue, as well as all the other development I left lined up to act on.  This is not a matter for the full Council to decide unless it passes a Resolution with language moving it out of the Committee's hands.  This is happening on Monday with the reversal of the 4 pieces of legislation regarding Jey's Auto that will ensure that property will remain undeveloped in the near term.  Nothing prevents the Council from changing direction but you have to follow due process under the law until you legislate differently.

JWE

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