REGULAR CITY COUNCIL MEETING
MONDAY, NOVEMBER 3, 2008
CALL MEETING TO ORDER:
The Regular Meeting of the Bowie City Council was held on Monday, November 3, 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. Mayor Robinson announced that Councilmember Brady would be late due to traffic on the Beltway related to the football game at FedEx Stadium.
PLEDGE OF ALLEGIANCE TO THE FLAG:
The Council led the Pledge of Allegiance to the Flag.
AGENDA ADDITIONS/DELETIONS/AMENDMENTS:
Mayor Pro Tem Turner requested that Item B under the Consent Agenda regarding CB-80-2008, Transfer of Development Rights Legislation, be moved to New Business for discussion. Council concurred.
CITIZEN PARTICIPATION:
A. Mr. Eugene Kiley, 3621 Melfa Lane, referred to a recent Washington Post article that revealed that 30% of Maryland's electricity is imported from other states and that expected demand increases would require scheduled electricity blackouts starting in 2011; Gov. O'Malley is supporting adding more nuclear power and committing the state and university to purchase at least 20% of the power requirements from off-shore wind energy if made available. Mr. Kiley requested that the Council direct staff to contact the State to see if Bowie could pledge to commit at least 20% of its power consumption to off-shore wind sources; if this is a possibility, then appropriate State staff could be asked to make a presentation at a future worksession. He also suggested asking the Maryland Municipal League to get involved.
B. Ms. Erica Kennedy, Bowie Diversity Committee, said the month of November commemorates the National Voting Rights Act of 1965; this Act outlawed the discriminatory voting practices that had been responsible for the widespread disenfranchisement of African-Americans in the United States. She gave some history of the Act and said Congress has amended and extended the Act several times.
C. Mr. Fred Tutman, Patuxent River Keeper, noted that one-third of Prince George's County is along the Patuxent River. He asked the City to direct its attention to CB-80, Transfer of Development Rights, and asked that the future of the County not be left to the market place; CB-80 is nothing more than a tool.
D. Mr. Richard Padgett, 2910 Tallow Lane, also spoke about CB-80 and objected to this subject being placed on the Consent Agenda. He said it is a very complex bill and felt it needed more discussion.
CITY BOARDS AND COMMITTEES:
A. Councilmember Marcos moved the appointment of Henri Gardner as a member of the Economic Development Committee. Mayor Pro Tem Turner seconded the motion and it carried unanimously.
B. Councilmember Valentino-Smith moved the appointment of Ms. Sade Dennis as a member of the Diversity Committee. Mayor Pro Tem Turner seconded the motion and it carried unanimously.
C. Mayor Pro Tem Turner moved the appointment of Sederick Rice, Gbola Oladele and Barba Koroma as members of the Board of Elections. Councilmember Polangin seconded the motion and it carried unanimously.
D. Mayor Pro Tem Turner moved the appointment of Yolanda Jones, Kenneth Fox and Michelle Moone as alternate members of the Board of Elections. Councilmember Polangin seconded the motion and it carried unanimously.
E. Mayor Pro Tem moved that Camilla Gaines be elevated from alternate to regular member status on the Board of Elections. Councilmember Trouth seconded the motion and it carried unanimously.
F. Mayor Robinson swore in Mr. Gardner, Ms. Dennis, Dr. Rice, Ms. Oladele, Dr. Koroma, Ms. Jones, Mr. Fox and Ms. Moone into office in accordance with Sec. 92A of the City Charter.
COUNCIL ANNOUNCEMENTS:
Mayor Robinson reminded everyone to vote on Election Day, Tuesday, November 4.
CITY MANAGER'S REPORT:
City Manager David Deutsch reported on the following items: 1) He introduced
Ms. Caroline McGee who is with Granicus and is conducting a training session
so that Council meetings can be content searchable on the City's website; when
residents want to see only a portion of any Council meeting, they will be able
to affectively by searching key words; 2) Prince George's County House Delegation
is holding a hearing on MC/PG-108, Land Use Authority; Mayor Robinson will
provide a statement at the hearing; 3) Next Monday evening is the District
4 Town Hall Meeting to be held at Pointer Ridge Elementary School at 7:30 p.m.
CONSENT AGENDA:
Mayor Pro Tem Turner moved approval of Resolution R-77-08, Accepting Bid Proposal for the Supply and Installation of Replacement Windows at the Public Works Administration Building. Councilmember Valentino-Smith seconded the motion and it carried unanimously by those members of the Council present.
OLD BUSINESS:
A. Election Task Force Report - City Attorney Robert Levan summarized Ordinances O-5-08 and O-6-08. He said that the Bowie City Code had a maximum on municipal infraction penalties of $400 while the State law has been expanded to allow up to $1,000; Council will set the individual penalties for violations and make various items subject to such penalties; however, in order to allow Council full flexibility with regard to the setting of penalties under the infraction provisions of the Code, that section has been amended to allow penalties up to $1,000 as permitted by State law and have struck the $400 penalty. He then referred to O-6-08 and said the provisions reflect the report of the Task Force and amend the Code to reflect those items set forth by the Task Force. Mr. Levan added that there is no provision in the Code which contains a focal point for determining election violations; that has been considered the province of the City Clerk in conjunction with the Board of Elections and is not required by statute. He suggested that the Board of Elections become the focal point of determining election law violations and that it be incorporated into the Code as part of the overall revisions to the election laws.
Councilmember Polangin said suggested that a referendum be placed on the ballot for the 2009 election for a term of office of four years.
Councilmember Brady arrived at this point.
In response to a question from Mayor Pro Tem Turner, City Manager Deutsch replied that if Council is satisfied with the ordinances, then they would be on the November 17 agenda for introduction and advertised for public hearing on December 1; the ordinances would then become effective on January 1, 2009.
Mr. Turner then said he was in support of Councilmember Polangin's suggestion of looking at the length of term and placing a referendum on the ballot for the next election. He also said he was in support of term limits of 2 four-year terms.
Councilmember Brady also said he was in support of a referendum for 4 year terms. He felt there were sufficient checks and balances. He asked that the language added to Sec. 6-71 (d) "or to a Section 501(c)(3) corporation of the candidate's choice" be stricken; was concerned about politicizing charitable contributions and what has been done in the past is that when a candidate has money left over, the candidate pays himself/herself back. Mr. Brady then referred to Item 6 under Section 6-33 and Mr. Levan said that Council may want to modify the language to limit it to violations of the election code.
Mayor Robinson summarized the suggestions proposed: 1) Incorporation within the provisions that the Board of Elections would become the enforcement authority or the arbiter of questions or issues; 2) Item 5, Page 4 of Ordinance O-6-08 should be clarified; and Item 6, should be altered to reflect adjudication of two or more accumulative municipal infractions for violations of the election code. He added that he was not concerned that monies left over after the campaign going to a charitable organization and felt it should be the decision of the candidate whether to give back money to a contributor or donate it. Following discussion, it was the consensus of Council that the language would remain as it is in the Code.
B. Proposed Amendments to City Trails Master Plan (Old Town Bowie Trail System) - Mr. Joseph Meinert, City Planning Director, summarized the staff report dated October 20, 2008, a copy of which is on file at City Hall. He reported that an overview of the Old Town Bowie trail system was presented to Council at the Worksession of October 13, 2008; Council identified a number of concerns which staff has attempted to address. One of concerns was the use of the trail system after daylight hours and unauthorized motor vehicles. He said that the "Trail Rules" state that the trail is only open during daylight hours and that unauthorized motor vehicles shall not be permitted on the trail; the rules will be posted at all major entrances to the trail system. Mr. Meinert said the other concern was security of the trail system; within the City's parkland, the City Park Rangers are responsible for monitoring the conditions of the trails, however, it is the City and County Police Departments who would respond to any type of emergency or potential criminal activity. He further reported that the Council had also asked for a more clear definition as to what is being proposed and how would the Trails Master Plan be amended. He said an addendum was prepared and is an attachment to the October 29, 2008 memorandum. He said that staff recommends that Council hold the public hearing, and if Council concurs, they should move to approve the amendments as proposed; a resolution will be brought back to Council at the next Council meeting that approves the Trails Master Plan.
Public Hearing:
1. Mr. William Green, 13107 7th Street, said he supports the trail. He spoke about dirt bikes and drug activity and said the residents were concerned about safety. He felt that these issues should be resolved before other amenities are added to the community.
2. Ms. Sue O'Toole, 8228 Chestnut Avenue, spoke about the southern portion of the trail and was concerned about maintenance and security. She said that Tanglewood Park has a problem with security and that if the trail is to connect to the Park, she wanted a commitment from the City that assures maintenance and security of the trails.
3. Mr. Mike DiNardo, 13002 9th Street, said the Friends of the Old Town Bowie Trails had a commitment 5-8 years go to connect the trails, but to date nothing has been done and was in support the trail.
4. Ms. Ann L. Johnson, 13126 9th Street, said she was not in favor of an extensive trail system through the community; would like to see more effort in developing more user friendly walkways within Old Town Bowie; felt development of more trails would be disruptive and change the character of the area. Ms. Johnson said she agreed with the recommendations regarding the Commons. She asked what would the trail look like, where would fences be located, look like, and be made of, what guarantee that privacy would be maintained, who will police the area and how often, where and what type of lighting will be used, and questioned the need for the trail.
Councilmember Marcos asked if the Police Chief could meet with Council regarding the dirt bike and ATV's. He said it was recommended that a committee be formed to direct where the trails will go, etc.
Councilmember Marcos then moved approval of the City Trails Master Plan with the proposed amendments. Councilmember Brady seconded the motion and it carried unanimously.
NEW BUSINESS:
A. Animal Shelter - Mr. Matt Baker, member of the Citizens for Local Animal Welfare (CLAW), displayed a PowerPoint presentation and referred to their report dated November 3, 2008, a copy of which is on file at City Hall. He provided statistics about the County Animal Shelter and specifics that CLAW felt were problems in relying on the County to care for Bowie's animals. He then said they are suggesting that a joint committee be formed that could draft steps to address problems; they felt that because of the population of the City, an animal shelter is needed.
Public Hearing:
1. Ms. Rhoda Pollack, 13318 Yarland Lane, spoke in support of an animal shelter in Bowie and asked the Council to support it as well.
2. Ms. Lauren Semeniuk, 13913 Amberly Ct., spoke in favor of the animal shelter and felt that it would be a good investment of tax dollars as is the police department.
3. Ms. Barbara Patterson, 12217 Malta Lane, suggested that the animal shelter could be staffed by volunteers as well as paid employees, so that the costs would not be high.
4. Zedic Jones, 12430 Winding Lane, supported and felt there was a need for the animal shelter.
5. Ms. Virginia Jones, 12430 Winding Lane, supported and said there needs to be some place in Bowie where lost animals can be taken.
6. Ms. Cathie Garnavich, 3435 Memphis Lane, told of how her dog had been lost and also supported the animal shelter.
Councilmember Brady suggested that Council pursue this issue by holding a worksession and invite staff from Greenbelt and the U.S. Humane Society for a briefing on how Greenbelt is run, what are the pros and cons, and information from the Humane Society; Bowie's Animal Control would also participate in the discussion. He agreed with forming a committee of joint members of CLAW and City staff and also asked for staff to arrange for a tour of the County facility and to get some advice and guidance. Mr. Brady also asked that staff research the state of scanners and chips that are implanted into animals for tracking purposes. He then asked about looking into whether Bowie Alert text messaging could be used for those members who subscribe in order to quickly ascertain the identity of a pet.
Councilmember Polangin referred to the statistics regarding adoption and asked that adoption of animals be encouraged.
Councilmember Valentino-Smith asked that in the interim, arrangements for alternatives to the County shelter be looked at. She also asked for CLAW to provide information on what type of shelter they were looking for in Bowie.
Mayor Robinson read an e-mail into the record from Gay Kolski who indicated her support for CLAW. He also agreed with forming a committee since this would be an expensive undertaking and could not be done quickly.
Councilmember Brady then asked for consensus to accept the report and to look at all the items that had been suggested. Council concurred.
B. Traffic Calming Report (Public Safety Committee) - Ms. Monica Best James, Chairman of the Bowie Public Safety Committee, referred to the committee's report dated October 30, 2008. She said the report is a continuation of the committee's efforts to support the Council's current traffic safety program. She gave some background about the committee and said their recommendations include support of the Council's decision to adopt Resolution R-71-08 which adopted a Traffic Calming Program; they also encouraged the Council to adopt a comprehensive study, an approach to addressing the City's traffic issues.
Mr. Rich O'Brien, Vice Chairman of the Bowie Public Safety Committee, spoke about the Committee's recommendation. He said the Committee is convinced that the City's existing traffic network should receive a thorough, professional review at the network level. Mr. O'Brien summarized the Committee's report, a copy of which is attached. He said the study should be performed by an outside party possessing the objectivity, expertise and experience needed to analyze the current situation and make recommendations for necessary improvements. He then referred to four items the Committee recommends as objectives that are contained on Page 2 and then summarized the recommendations contained on Page 3 of the report.
Ms. Kelly Anderson, member of the committee, said she supported the comments made by Ms. James and Mr. O'Brien, noted there are several vacancies on the committee and encouraged anyone interested to submit an application for membership.
Public Hearing:
Mr. Eugene Kiley, 3621 Melfa Lane, said he supports the Committee's report and asked that the Fire Department be consulted with regard to Millstream Drive before installing speed humps. He also spoke about non-emergency traffic that uses Millstream Drive and noted that if humps are installed the traffic would then add to the already heavy traffic on Routes 450 and 197. Mr. Kiley also asked about the cost of installing 8 humps on Millstream Drive and felt that installing the humps would devalue the homes along the street. He also felt the installation of humps would create division in the community.
Following comments by members of the Council, Councilmember Valentino-Smith moved to go forward with asking the staff and Public Safety Committee to draft the elements of an RFP and using it as a basis for the worksession.
Mayor Robinson said he supported holding a worksession to look at how to put all the professionals together and staff could develop some framework; was not supportive of a budget expenditure before working through the process. There was consensus of Council to hold a worksession after the first of the year.
C. CB-80-2008 Transfer of Development Rights (TDR) Legislation - Mr. Joseph Meinert, City Planning staff, referred to the staff report which included a copy of the legislation dated November 12, 2008, a copy of which is on file at City Hall. He reported that staff is recommending support with several comments noted in the staff report.
Hon. Thomas Dernoga, Prince George's County Council, who is the sponsor of CB-80-2008, summarized the legislation and explained the Transfer of Development Rights.
Public Hearing:
1. Mr. Mike Fletcher said he represents the homeowners in the area and asked for Council support of CB-80.
2. Mr. Gene Townend, 12311 Stafford Lane, spoke in support of CB-80.
Following discussion, Mayor Robinson announced that in order to get additional information, this item will be rescheduled to November 17.
ADJOURNMENT:
Mayor Pro Tem Turner moved to adjourn the meeting into an Executive Session for the purpose of discussing a legal matter with counsel. Councilmember Brady seconded the motion and it carried unanimously. The meeting was adjourned at 11:35 p.m.
Respectfully submitted,
Pamela A. Fleming, MMC
City Clerk