REGULAR CITY COUNCIL MEETING
MONDAY, JUNE 16, 2008
CALL MEETING TO ORDER:
The Regular Meeting of the Bowie City Council was held on Monday, June 16, 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 Karen Ruff, 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.
AGENDA ADDITIONS/DELETIONS/AMENDMENTS:
Mayor Robinson asked that Item H under the Consent Agenda, Letter Re: City Code and County Zoning Ordinance be moved to New Business, Item F.
CITIZEN PARTICIPATION:
A. Mr. Mark Ibrahim, member of the Diversity Committee, announced that May is Older Americans Month which speaks to the needs of providing better care and to reinforce healthier societies for all ages; working together communities can improve the overall quality of life for older Americans. Mr. Ibrahim also announced that June was Gay and Lesbian Pride Month.
B. Ms. Deborah Sell, 2705 Birdseye Lane, spoke about housing needs in the City of Bowie and said that there is a need to keep the city's seniors living here and supports not just the building of housing for seniors, but also building appropriate housing that would entice seniors to remain in Bowie that is not necessarily age restricted housing.
C. Ms. D.J. Campbell, 2809 Folsom Lane, spoke about pruning of trees, lighting,
vehicles parking in front of her house and trespassing.
SWEARING-IN CEREMONY:
Mayor Robinson swore Officer Rachel Jefferson into office as a Police Officer
in the Bowie Police Department in accordance with Sec. 92A of the City Charter.
PRESENTATIONS:
Teacher of the Month - Ms. Pat Dolan, Chairman of the Education Committee, announced that Ms. Katria Kuzmowycz, Kenilworth Elementary School, is the Teacher of the Month for May. Ms. Dolan said that Ms. Kuzmowycz was unable to attend tonight's meeting but gave a brief summary of the application of nomination. She said the Principal will present the Savings Bond and Certificate of Recognition to Ms. Kuzmowycz.
Ms. Dolan then announced that Ms. Taylor Chao, Heather Hills Elementary School,
was the Teacher of the Month for June and read a summary of the nomination.
Mayor Pro Tem Turner presented a Savings Bond and Certificate of Recognition
to Ms. Chao.
COUNCIL ANNOUNCEMENTS:
Mayor Robinson thanked staff for their efforts for a successful Bowiefest. He announced that the next City event is the Independence Day festivities on July 4 at Allen Pond Park.
CITY MANAGER’S REPORT:
City Manager Deutsch reported that the City Council has received e-mails,
calls and letters concerning solicitors who are going door-to-door throughout
the community. He said that an amendment to the City Code will be presented
on a future Council agenda for introduction to provide clarity in better enforcing
the City Code.
CONSENT AGENDA:
A. Mayor Pro Tem Turner moved to approve Consent Agenda Items A. Approval of Minutes of May 5, 2008; B. Approval of Resolution R-35-08, Authorizing the Transfer of Certain Amounts in the 2007-2008 Budget; C. Approval of Resolution R-36-08, Awarding a Contract to Pain the Exterior of the Belair Mansion and to Perform Window Repairs to Boblits Enterprises; D. Approval of Resolution R-37-08, Accepting Bid for the Construction of the Pope's Creek Trail; E. Approval of Resolution R-38-08, Waiving the competitive Bidding Requirement of Section 61 of the Charter of the City of Bowie to Award an Engineering Contract to Atlas Track and Tennis to Install a Synthetic turf Field at Allen Pond's Murtagh Soccer Field; F. Approval of Resolution R-40-08, Accepting the Proposal for Architectural and Engineering Services for the Solid Waste Office Building and WWTP Administration Office Addition and Interior Renovation; and G. Approval of Resolution R-41-08, Adopting the Recommendation of the Bowie Advisory Planning Board to Deny Variance BV-3-08, a Request for a Variance From Section 27-420 (a) of the Prince George's County Zoning Ordinance to Allow an 8-Foot High Fence Along the Rear of Lot Line Along Old chapel road at 12307 Chalford Lane. Councilmember Brady seconded the motion and it carried unanimously.
OLD BUSINESS:
A. Emergency Ordinance O-2-08 - Providing Supplemental Appropriations for the Annual Budget for the Fiscal Year Ending June 30, 2008 for the Purchase of Funding the Purchase of Ecitation Electronic Ticketing Equipment, Renovations to the Bowie Playhouse, and a Study Related to the "Research and Interpretive Development for the Belair-at-Bowie Flight to Freedom" - City Manager Deutsch reported that this Ordinance was introduced two weeks ago and is before Council for adoption this evening; the ordinance provides supplemental appropriations for 3 items which are reflected in the title of the Ordinance. He explained that this is an emergency ordinance in order to have its effective date occur prior to the end of the fiscal year.
Since there were no persons signed up to speak, Mayor Robinson declared the public hearing to have been held.
Mayor Pro Tem Turner moved the adoption of Emergency Ordinance O-2-08. Councilmember
Brady seconded the motion and it carried unanimously.
NEW BUSINESS:
A. Urban Tree Canopy Analysis for Bowie - Mr. Joseph Meinert, City Planning Director, summarized the staff report dated June 12, 2008, a copy of which is on file at City Hall. He reported that in 2007, the City Council adopted an Environmental Infrastructure Plan for Bowie and one of the objectives was to investigate ways that the City could increase its urban tree canopy. He then introduced Mr. Don VanHassent of the Maryland Forest Service, Department of Natural Resources.
Mr. VanHassent displayed a PowerPoint presentation and said that when looking at the overall tree canopy, trees are very important component in maintaining or improving the health of the Chesapeake Bay; trees help absorb water, intercept rainfall and release rain in a slower manner; urban areas have a major role to play in improving water quality in the Bay. He reported that in 2003 a goal was established to have communities commit to increasing their urban tree canopy; since 2003, the goal was to establish five communities with urban tree canopy goals; there are now 36 communities that have at least embraced the idea and started the process of establishing a goal to commit to increasing their urban tree canopy goal. Mr. VanHassent said DNR is under contract to acquire the satellite imagery that is used to do the analysis and this will depend on when the satellite is available and cloud cover; the imagery should be available by the end of June or early July; an analysis will be received from the University of Vermont two months later.
Since there were no persons signed up to speak, Mayor Robinson declared the public hearing to have been held.
Mayor Robinson thanked Mr. VanHassent for his presentation.
B. BGE Task Force Final Report - Mr. William Jahn, Chairman of the BGE Task Force, summarized the report dated June 5, 2008, a copy of which is on file at City Hall. Mr. Jahn's remarks are attached. He reported that the Task Force has completed the task assigned to it resulting two reports from BGE, as well as a report from the Task Force in November 2007; BGE briefed Council on the Bowie Reliability Action Plan. Mr. Jahn stated that there have been enhancements to that Plan. He added that in April, 2008, BGE briefed on improvements being implemented in the communications area with Bowie residents especially during power outages; these programs are still being refined; as requested by Council, the Task Force will continue to meet on a quarterly basis to monitor the electric reliability improvements as a result of BGE implementation of their Reliability Plan and to monitor the effectiveness of the initiatives to improve communications with the residents of Bowie; the TF will also provide information on a quarterly basis regarding this monitoring program. He thanked the BGE members of the Task Force, as well as the other Task Force members, and City staff for their assistance during the term of the Task Force.
Councilmember Polangin referred to the booklet that is mailed to residents and noted that it very hard to read. She also asked staff if they would look at how close BGE was to what they were going to do and if they are doing what they promised; would like the report for the first meeting in July. She said the purpose of this report would define whether the City should continue, modify or suspend the operations or identify ways the City could retain its traditional image.
Councilmember Valentino-Smith asked for an update on what review the PSC has been performing with respect to the progress BGE has been making with respect to the tree pruning and infrastructure improvements.
Mayor Pro Tem Turner asked if the PSC made a presentation to the Task Force. Mr. Jahn replied they had not; there was a meeting with them in August or September of last year. Mr. Turner asked if this would be something the Task Force would look at as part of their quarterly meetings.
Councilman Brady asked that the requested report also include an assessment on whether efforts have been successful in improving the reliability of the electrical distribution system through their efforts. He added that he has received requests from citizens that feeder 3440 be addressed because of poor reliability.
Mayor Robinson summarized the requests made: Task staff to present a summary to Council at the July 7 meeting and come back with an assessment of whether BGE was on target with the original plan, whether it has been successful, a recommendation on whether to continue, monitor or suspend operations, and to look at the Pointer Ridge feeder.
C. Resolution R-33-08 - BV-1-08 - Adopting the Recommendation of the Bowie Advisory Planning Board to Deny Variance BV-1-08, a Request for Variances from Section 242 (c) (Table II) and (e) (Table IV of the Prince George's County Zoning Ordinance to Allow 6.3% Lot Coverage Above the 25% Maximum and to Allow a Structure to be Constructed Eight (8) Feet Into the Required Minimum 8-Foot Side Yard Setback to Validate Existing Conditions at 1307 Paddock Lane - Mr. Joseph Meinert, City Planning Director, summarized the staff report dated June 12, 2008, a copy of which is on file at City Hall. He reported that this variance was reviewed by the Planning Board on April 22; in January, 2008, Mr. & Mrs. Ndlovu submitted the application; the BAPB conducted a public hearing on April 22, 2008, staff recommended denial of the request, the Planning Board accepted that recommendation and forwarded the recommendation to the City Council. Mr. Meinert then reported that the applicant graded along the southern property line and installed a concrete block retaining wall to eliminate a slope; the reestablished area was then paved with asphalt resulting in an additional driveway area which exceeded the lot coverage requirements; in addition, the applicant constructed a 28-foot by 12-foot carport structure between the existing dwelling and the southern lot line of the subject property. He said that the Prince George's County Department of Environmental Resources determined that a County building permit is required but not obtained for this construction, and the applicant requested, after the fact, a variance from the lot coverage requirements as well as the side yard setback requirements to validate the construction. Mr. Meinert added that in reviewing the application, staff found that the lot is a typical interior lot with no unusual features or characteristics present; all of the factors sited by the application in their justification statement are factors related to the personal circumstances of the applicant and not to the property as required by the criterion. With regard to another criterion related to maintaining the Master Plan character of the area, staff concluded that allowing such a great amount of variance would be harmful to the character of the surrounding neighborhood. Mr. Meinert reminded Council that the hearing in this case is limited to the facts and information already in the record of the BAPB hearing; only a person of record in this case can testify before Council, that being the applicant and a neighbor who spoke at the BAPB hearing; at the conclusion of the hearing, the Council should either accept, deny or modify the recommendation of the BAPB, or return the variance to the Board for further testify or to reconsider its recommendation; failure of the Council to act on the application within 60 days from receipt of the application from the Board, will result in denial of the request.
Mr. Toussaint Gaskins, Chairman of the Bowie Advisory Planning Board, reported that as a result of the hearing held specifically referencing the property at 1307 Paddock Lane, the Board voted unanimously to deny BV-1-08 because approval of the variance request will allow development of the subject property in a way that would be harmful to the character of the surrounding residential neighborhood, thus violating the policy and strategy identified for the Developing Tier in the Master Plan.
Mayor Robinson asked the City Attorney that if the Council denies the variance, would it require the owner to take down or non-permitted improvements and restore the lot to its original condition prior to construction. City Attorney Ruff responded in the affirmative.
Ms. Lois Ndlovu, applicant residing at 1307 Paddock Lane, explained the grading that had been done to the property and the work done on the existing garage. She then explained additional work to the driveway done by the previous owner and the need for additional driveway space for the additional drivers in the home. She said the stopped work on the carport when they found they were in violation and no additional planting has been done. Ms. Ndlovu further reported that because of the new additions that have been constructed coupled with the work accomplished by the previous owner, put them over the allowance; they did not know this when the house was purchased.
In response to a question posed by Councilmember Valentino-Smith regarding the request of the applicant that if they withdrew the request for all variances except the driveway, would the driveway still exceed the lot coverage, Mr. Meinert said there are two aspects of the variance: the carport structure and the 6.3% additional coverage when they widened the driveway so they would still be in excess of the maximum coverage. He added that there are a number of ways that the applicant could meet the lot coverage requirements.
Councilmember Trouth moved that based upon the staff presentation and recommendation of the Bowie Advisory Planning Board, that the Council accept the staff recommendation of denial of BV-1-08. Councilmember Polangin seconded the motion and it carried unanimously.
D. Bowie Business Incubator Program Next Steps - Mr. John Henry King, Director of Economic Development, summarized the staff report dated June 12, 2008, a copy of which is on file at City Hall. He reminded Council that in March 2007, a report was presented to Council by ANGLE Technology Group which indicated there was a need for additional incubator capacity in Prince George's County and that could be met in the City of Bowie; a business plan was presented should the City choose to go forward with an incubator program; the next step is to issue a Request for Proposal for the services of an individual or firm to take the initial steps to implement the business plan.
Following several questions posed by Councilmembers, it was the consensus of Council to move forward with the program and that an update would be provided in September.
E. Closing Cost Assistance Program - City Manager Deutsch reported the Council included $10,000 in the budget to provide closing cost reimbursement for police officers and teachers; staff is seeking Council's clarification to make sure that the language is correct and ability to translate that language into an operation program. He summarized the staff report dated June 10, 2008, a copy of which is on file at City Hall; the plan is described as targeting first time homebuyers who are purchasing a home in Bowie.
Councilmember Valentino-Smith referred to the language and noted that it was the original intent to encourage teachers and police officers to move to Bowie and that the purchase of the home in Bowie would not necessarily be their first home, but the first home purchase in Bowie. Council concurred.
F. Letter Re: City Code and County Zoning Ordinance (Cargo Trailers) - Councilmember Brady suggested that the language in the letter needs to be more vocal and stronger and asked that this item be tabled. Council concurred.
ADJOURNMENT:
Mayor Pro Tem Turner moved to adjourn the meeting. Councilmember Brady seconded the motion and it carried unanimously. The meeting was adjourned at 9:50 p.m.
Respectfully submitted,
Pamela A. Fleming, CMC
City Clerk