REGULAR CITY COUNCIL MEETING
MONDAY, JULY 7, 2008
CALL MEETING TO ORDER:

The Regular Meeting of the Bowie City Council was held on Monday, July 7, 2008 in the Council Chambers at City Hall. Mayor Robinson called the meeting to order at 8:00 p.m.

QUORUM:

In attendance were Mayor Robinson, Councilmembers Brady, Marcos, Polangin, Trouth, Turner and Valentino-Smith; City Manager Deutsch, Assistant City Manager Fitzwater, City Attorney Robert Levan, Members of the Staff, the Press and the Public.

PLEDGE OF ALLEGIANCE TO THE FLAG:

The Council led the Pledge of Allegiance to the Flag.

PRESENTATIONS:

A. Proclamation P-12-08 - Congratulating the Bowie State University Women's Softball Team on Winning the CIAA Championship - Mayor Pro Tem Turner read and moved approval of P-12-08. Councilmember Brady seconded the motion and it carried unanimously. Mr. Turner presented the proclamation to Coach Burroughs and the team and congratulated them on behalf of the entire Council.

Coach Burroughs thanked the City Council for the recognition and said that they hoped to be back again next year.

B. 2008 Paraprofessional Award - Ms. Pat Dolan, Chairman of the Education Committee, announced that the Education Committee is honored to acknowledge Ms. Janet Gross of Bowie High School as the City's Paraprofessional for 2008. She said that Janet works with the Community Referenced Instruction Program and was nominated by Ruth Cummings, CRI Chair. Ms. Dolan summarized Ms. Gross' qualifications and highlighted portions of the nomination.

Councilwoman Polangin read and presented a Certification of Recognition on behalf of the Council and the Education Committee. A $100 Savings Bond was donated by PNC Bank and was also presented to Ms. Gross.

CITY BOARDS AND COMMITTEES:

A. Appointments/Reappointment/Swearings-in -

1) Mayor Robinson moved the reappointment of Toussaint Gaskins, James Golato, Ron Skotz, Terry Rogers and Chris Hedman as members of the Bowie Advisory Planning Board for two year term. Mayor Pro Tem Turner seconded the motion and it carried unanimously.

2) Mayor Robinson moved the reappointment of Seymour Alloy, John Coughlin and Emerson DeWitt Ruth as members of the Board of Personnel Appeals. Mayor Pro Tem Turner seconded the motion and it carried unanimously.

3) Mayor Robinson moved the reappointment of William Schmitt, William Boyer and Jerry Sanford as members of the Administrative Review Board. Mayor Pro Tem Turner seconded the motion and it carried unanimously.

4) Mayor Robinson moved the reappointment of Monica B. James, Leonard Lucchi, Delmer Billings, Judith Sachwald, Ronald Gill, Glenda Wilson, Richard O'Brien, Kelly Anderson, and Whitney Williams as members of the Public Safety Committee. Mayor Pro Tem Turner seconded the motion and it carried unanimously.

5) Mayor Pro Tem Turner moved the reappointment of Bernad Smolen, Patricia Switts, Juernine Wright, John McLane, John Dutrow and Robert Deegan as members of the Community Recreation Committee. Councilmember Brady seconded the motion and it carried unanimously.

6) Councilmember Marcos moved the reappointment of Brendan Bohan and Bonnie Moore as members of the Financial Advisory Committee. Councilmember Brady seconded the motion and it carried unanimously.

7) Councilmember Marcos moved the reappointment of Albert Baumann, Boyd Campbell, Alan Coppola, Al Golato, Edward Leyton, Joan Pitkin, Lisa Ransom, and Stanley Rodenhauser as members of the Economic Development Committee. Mayor Pro Tem Turner seconded the motion and it carried unanimously.

8) Councilmember Polangin moved the reappointment of David Terry and Susan Stephenson as members of the Heritage Committee. Mayor Pro Tem Turner seconded the motion and it carried unanimously.

9) Councilmember Valentino-Smith moved the reappointment of Elveeda Dixon, Erica Kennedy and Jennie Guilbaud as members of the Diversity Committee. Mayor Pro Tem Turner seconded the motion and it carried unanimously.

10) Councilmember Brady moved the reappointment of John Cleaver, Kenneth Wenzel, Frank Figlozzi and Rickardo Stupart as members of the Information Technology Committee. Mayor Pro Tem Turner seconded the motion and it carried unanimously.

11) Councilmember Trouth moved the reappointment of William Kelliher, James Durkin and Paul Kowalski as members of the Cable Regulation Commission. Councilmember Brady seconded the motion and it carried unanimously.

12) Councilmember Trouth moved the reappointment of Dale Grant as a member of the Community Outreach Committee. Councilmember Brady seconded the motion and it carried unanimously.

COUNCIL ANNOUNCEMENTS:

Mayor Robinson congratulated staff for a successful Independence Day celebration.

Mayor Robinson announced that Councilmember Polangin will be sworn in as President of the National Federation of Business and Professional Women on July 26. He congratulated Ms. Polangin on behalf of the Council and citizens of Bowie.

CITY MANAGER’S REPORT:

City Manager Deutsch reported on the following items: 1) Status of the City's application for designation as a BRAC zone - the Department of Business and Economic Development for the State of Maryland is still working on regulations; those regulations are expected to be finalized this October and applications will be required to be submitted no earlier of April 2009; staff is monitoring this issue and will continue to keep Council apprised of any future activities; 2) Renovation of Bowie Playhouse - this 90-120 day project is underway and the contractor expects to meet the schedule and have the Playhouse open by November 1.

CONSENT AGENDA:

Mayor Pro Tem Turner moved the approval of Consent Agenda items: A) Approval of Minutes of May 19, 2008 Council Meeting; B. Approval of Minutes of June 2, 2008 Council Meeting; C. Approval of Resolution R-39-08, Awarding a Contract for Government Relations Representative/Lobbyist; D. Approval of Resolution R-43-08, Allowing for the Reduction of the Performance Security Guaranteeing Construction of Storm Drain and Appurtenances at Ashleigh Station Under Permit SD 1-0607; E. Approval of Resolution R-43-08, Accepting a Grant From Open Door Housing Fund of Silver Spring, Maryland and Authorizing the City Manager to Enter Into an Agreement Accepting the Grant Funds; F. Approval of Resolution R-44-08, Awarding a Contract for the Landscaping Services on Mitchellville Road and Six Storm Water Management Facilities to Sharp's Landscaping for Fiscal Year 2009; and G. Approval of Resolution R-45-08, Accepting Bid Proposal for Hot Mix Resurfacing and Coldmilling. Councilmember Brady seconded the motion and it carried unanimously.

NEW BUSINESS:

A. Interim Report of the Elections Task Force - Hon. Gerard F. Devlin, Chairman of the Task Force, summarized the interim report, a copy of which is on file at City Hall. He reported that the 15 member task force was broken down into 3 subcommittees: Campaign Reporting chaired by former Councilmember Jack Jenkins, Fair Campaign Practices and Reporting chaired by Eddie Pounds, and Structural Changes chaired by former Councilmember Richard Padgett. Chairman Devlin reported that it is the Task Force's intention to have a final report to Council in September.

Following some discussion and questions from the City Council, Chairman Devlin asked the Council to submit any questions they may have to the City Clerk so that they may be addressed at the next meeting of the Task Force. Mayor Robinson thanked Chairman Devlin for his presentation and said the Council looks forward to the final report.

B. BGE Tree Program Report - Mr. John Fitzwater, Asst. City Manager, summarized the staff report dated July 1, 2008, a copy of which is on file at City Hall. He reported that there were two components to the BGE Aggressive Vegetation Management Program: 1) Corridor Trimming, which is confined to the main distribution lines on a feeder; and 2) Enhanced Trimming, which is typically confined to the local distribution lines or taps. Mr. Fitzwater then responded to questions that were asked by Council at the June 16th meeting; the questions and answers are contained in the July 1 staff report.

Mr. Fitzwater further reported that from staff's perspective, BGE is making a good faith effort and investing considerable resources in improving the reliability of electrical service in Bowie; however, in achieving the positive good of improving the dependability of electrical service, the impact of extensive tree removal is creating a negative resident reaction. He added that staff does not recommend suspending the program, but feels the program should continue; City residents and businesses have suffered from undependable electric power for years and the Aggressive Vegetation Management Program should significantly improve this situation. He then summarized 6 recommendations which are listed on Page 9 of the staff report.

Mr. Bill Reese, Director of Forestry for BGE, presented a PowerPoint presentation which covered the BGE tree trimming standards and background of the standards. He provided descriptions of Corridor Tree Trimming and Enhanced Trimming.

Public Hearing:

1. Ms. Bernice Smith, member of the Environmental Advisory Committee, read a statement on behalf of the committee into the record. A copy of the statement is attached.

2. Mr. Tom Sexton, 3113 Tinder Place, spoke about his concern that BGE's report did not include the impact on residents and felt it was a missing link. He also spoke about the mitigation plan, how many trees have been removed to date and property values. Mr. Sexton added that he liked staff's recommendation to have BGE look at less aggressive approaches in backyard areas for trees that will only have a marginal impact and was pleased that over 50 people have signed variances.

3. Ms. Marisa Rosemas, 4910 Ridgeview Lane, said she agreed with Mr. Sexton but added that her area of concern was the destruction of trees by BGE. She felt that the trees should be "kindly pruned" and that she was afraid of how her backyard was going to look after BGE trims the trees.

4. Ms. Barbara Ballagh, 12614 Beechfern Lane, spoke about tree trimming and that the trees in her yard were severely trimmed and felt the trees were no where near the property line; felt it was not healthy for the trees to be so severely pruned.

Mayor Robinson read a statement from Mr. William Jahn, Chairman of the BGE Task Force, into the record. A copy is attached.

Following discussion, questions, and recommendations from the Council, Mayor Robinson summarized as follows: 1) The historic trees in and around the Belair Mansion and Stables need to be preserved and not removed or pruned in a way that misshapes these trees. This is a part of the City heritage and must be maintained; 2) Maintain tree buffer landscapes, such as in areas along the Rte. 197 corridor between Old Rte. 450 and Kenhill Drive, that separate major roads from residential communities. Trimming and cutting in these areas cannot occur in a way that destroys the tree canopy along these buffers; 3) Develop a less aggressive tree removal approach with BGE so that more latitude is exercised in back yard areas with trees that currently appear to have minimal impact on electric lines; 4) Make customers who object to action proposed by BGE aware of the PSC complaint process described earlier in the staff report and ensure options exist prior to cutting; 5) Use the Right Tree Right Place Program and other mitigation programs to the maximum extent possible. The planting of replacement trees can help to lessen the impact of tree removal; 6) Improve and enhance general distribution of the brochures and all other relevant correspondence provided to residents so that distances portrayed in diagrams are legible; 7) While BGE has made a serious effort to communicate to and with the community about their challenges and their plans, given the calls the City is receiving, there must be room for improved methods of communicating with those directly affected by trimming and removal efforts to let the citizens understand what we are trying to do, why we are doing it, what the long-term objectives are, and what BGE can or will do regarding replacement trees. This information should be provided to the citizen during the three BGE tree contractor visits (initial notification, tree marking and tree trimming removal) to homeowner properties; 8) BGE must collect data on and regularly report to the City Council the number, type (species and native/non-native) and caliber of trees removed. 9) All such data shall be shared with the EAC; 10) Make the services of the City Forester available to all residents who request tree planting assistance and advice on the appropriate tree species and placement on their property; 11) Commit to a goal of planting 10% of the number of trees removed as part of this process as a component of the City's future adopted urban canopy goal; 12) As part of the next budget cycle, the Council will consider establishing a Tree Planting Program directed towards increased plantings with a cooperative program of corporate sponsors and other governmental sponsors.

Councilmember Polangin moved to adopt the recommendations. Councilmember Brady seconded the motion and it carried unanimously.

C. Preliminary Plan #4-08025, Colt's Neck - Ms. Elizabeth Chaisson, City Planning staff, presented a PowerPoint presentation which showed that the property was placed in the Rural Tier and rezoned from the R-R zone to the O-S zone during the 2006 Bowie and Vicinity Sectional Map Amendment; the O-S zone was placed on the property to permit a lower density conservation subdivision more appropriate for the Rural Tier; the property is located on the south side of Race Track Road, approximately 100 feet from the intersection of Jericho Park Road. Ms. Chaisson said that staff recommends approval with the 15 conditions recommended by the Bowie Advisory Planning Board and a possible 16th condition recommended by the applicant.

Mr. Tom Haller, attorney for the applicant, provided a brief summary of the Preliminary Plan and said that the applicant agreed with most of the staff's recommended conditions except for two. He said the project is for a total of 9 lots and keeping the existing home which would be surrounded by existing equestrian facility; lot size was reduced to no less than one acre; lots will be served by private water and septic. Mr. Haller said that Conditions 2, 3, 5 and 6 of the BAPB recommendation will ultimately be determined by the Department of Public Works and Transportation. He said, with regard to the concerns about the Berwyn Rod & Gun Club, a notation will be placed on the plat that the Gun Club exists and prospective purchasers will be notified that the Gun Club exists.

Public Hearing:

1. Ms. Deborah Sell, 2705 Birdseye Lane, said she was concerned that the subdivision ordinance does not require public water and sewer; would like to see public water and sewer.

2. Mr. Chris Buss, 12640 Millstream Drive, a member of the Berwyn Rod & Gun Club, said that the existence of the Gun Club needs to be placed on the subdivision plat and that purchasers also be notified of its existence; each purchaser will agree that, as part of the deed, the Gun Club has a right of noise easement.

Following questions and discussion between the Council and Mr. Haller, Councilmember Marcos moved to accept the Bowie Advisory Planning Board conditions with the modifications to #15 adding the notification language to the subdivision plat and a new Condition #16 concerning certification by a professional engineer with competency in acoustical analysis be placed on the building permits stating that building shells of structures have been designated to reduce interior noise levels. Councilmember Trouth seconded the motion. Councilmember Brady asked that "peak noise" vs. "average noise" be included in #16. The maker and seconder of the motion concurred and the motion carried unanimously.

D. Prince George's County Water and Sewer Plan Amendment, Walker Pontiac Outparcel A - Mr. Joseph Meinert, City Planning Director, summarized the staff report dated June 30, 2008, a copy of which is on file at City Hall. He reported that the request was for a Category change from 4 to 3 for a 7,700 square foot, one-story auto dealership on 5.58 acres, zoned C-M and located on the west side of US 301, approximately 1,600 feet north of Mitchellville Road; the City had recommended disapproval of the Preliminary Plan in May of 2004; the County Executive is withholding support for an administrative amendment absent the City's support for the project; the County determined that the request should be added to the April cycle of amendments so it could be referred to the City for a public hearing. Mr. Meinert said that in reviewing the reasons for the opposition to the project in 2004, including the impacts of noise, lighting, security and the general level of activity on this commercial parcel on their property values and quiet enjoyment of their neighborhood, staff felt that most, if not all, of these issues could be addressed through review of a Detailed Site Plan; as a condition of approval of Preliminary Plan #4-06046, Detailed Site Plan approval is required prior to any development of the property; therefore, it is recommended that a letter be sent to the County Council indicating City approval of the request from Category 4 to 3.

Mr. Norman Rivera, attorney for the applicant, answered several questions and noted that the Detailed Site Plan will be presented by the end of 2008 or early 2009.

Since there were no persons signed up to speak, Mayor Robinson declared the public hearing to have been held.

Councilmember Trouth moved approval of the staff recommendation for advancement from Category 4 to 3. Mayor Pro Tem Turner seconded the motion and it carried unanimously.

ADJOURNMENT:

Mayor Pro Tem Turner moved to adjourn the meeting into an Executive Session for the purpose of discussing legal, property and personnel matters. Councilman Brady seconded the motion and it carried unanimously. The meeting was adjourned at 11:00 p.m.

Respectfully submitted,

Pamela A. Fleming, CMC
City Clerk