CALL MEETING TO ORDER:
The Regular Meeting of the Bowie City Council was held on Monday, December 1, 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, Mayor Pro Tem Turner, Councilmembers Marcos, Polangin, Trouth 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 not be present due to a family matter.
PLEDGE OF ALLEGIANCE TO THE FLAG:
The Council led the Pledge of Allegiance to the Flag.
AGENDA ADDITIONS/DELETIONS/AMENDMENTS:
Mayor Robinson announced that Item A under New Business is being rescheduled to a future meeting; and Item C. under the Consent Agenda is being moved to New Business as Item B.
CITIZEN PARTICIPATION:
A. Ms. Robin Aubrey, 3109 New Coach Lane, spoke about Bowie Citizens for Local Animal Welfare (CLAW) and gave a brief update. She said a special presentation was given at a recent meeting by the Director of Animal Sheltering Issues of the Humane Society of the United States. She thanked Councilmembers Polangin and Valentino-Smith for attending the meeting. Ms. Aubrey spoke about setting up a date and time to tour the County animal shelter.
PRESENTATIONS:
A. Proclamation P-18-08 - Congratulating the Bowie Bulldogs Soccer Team on Winning the State 4A Championship - Mayor Robinson read and moved approval of Proclamation P-18-08. Mayor Pro Tem Turner seconded the motion and it carried unanimously. Mayor Robinson presented the proclamation to the soccer team and congratulated them on behalf of the entire Council.
Hon. Douglas J.J. Peters, Senate of Maryland, presented a State resolution to the Bowie Bulldogs Soccer and thanked the parents for supporting the team. He noted that this was the 8th state championship in the history of the school.
Coach Richard Kirkland thanked the City Council and Senator Peters for the recognition and noted that capturing the 4 titles was quite an accomplishment for the team.
CITY BOARDS AND COMMITTEES:
A. Councilmember Valentino-Smith moved to appoint Derek Smith as a regular member and David Murray as a student member of the Education Committee. Mayor Pro Tem Turner seconded the motion and it carried unanimously.
B. Councilmember Marcos moved to appoint John Busch as a regular member of the Public Safety Committee. Mayor Pro Tem Turner seconded the motion and it carried unanimously.
C. Mayor Pro Tem Turner moved to appoint Owen Adams as a member of the Arts Committee. Councilmember Trouth seconded the motion and it carried unanimously.
D. Councilmember Trouth moved to reappoint Barbara Harris as a member of the Board of Elections. Mayor Pro Tem Turner seconded the motion and it carried unanimously.
E. Mayor Robinson swore Owen Adams, David Murray and Derek Smith into office in accordance with Sec. 92A of the City Charter. Mr. Busch was not present.
COUNCIL ANNOUNCEMENTS:
Mayor Robinson announced that the tree lighting ceremony is scheduled for Sunday, December 7 at 7 p.m.
CITY MANAGER’S REPORT:
City Manager David Deutsch reported on the following items: 1) The State Department of Housing and Community Development has accepted the City's request to be allowed to submit an application for funding under the Neighborhood Conservation Initiative, which is a program designed to address the foreclosure situation; a preliminary application will be submitted by the end of the week. 2) There is an ongoing petition drive to secure a Bloom Grocery Store at Pointer Ridge or Amber Ridge Shopping Centers.
CONSENT AGENDA:
A. Mayor Pro Tem Turner moved approval of the following Consent Agenda: A) Approval of Minutes of October 16, 2008 Council Meeting; and B) Approval of Minutes of November 3, 2008 Council Meeting. Councilmember Marcos seconded the motion and it carried unanimously.
OLD BUSINESS:
A. Ordinance O-5-08 - Amending Chapter 1, "General Provisions", Section 1-6 "Misdemeanor; Municipal Infractions; General Penalty; Continuing Violations" Subsection C, Paragraphs (7) and (8) to Conform Paragraph (7) With the Maximum Fine in Paragraph (1) of Subsection C, and to Further Amend Paragraph 8 to Declare Certain Violations of Chapter 6, "Elections" to be Municipal Infractions Unless Otherwise Stated - City Attorney Robert Levan summarized the ordinance and said it is designed to bring the penalty provisions of the Code up to date and to meet the requirements which were recommended in connection with violations of the election code; it increases the maximum fine and declares certain violations of Chapter 6 to be municipal infractions unless otherwise stated.
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 Ordinance O-5-08. Councilmember Marcos seconded the motion and it carried unanimously.
B. Ordinance O-6-08 - Amending Chapter 6, "Elections", to Update the Citation to State Elections Code in Section 6-32; Amending Section 6033 Entitled "Penalties" to Provide That All Penalties, Except for Certain Stated Violations of the Chapter, Shall Be Considered a Municipal Infraction, and Further Amending Section 6-33 to Make It Unlawful to Offer, Accept Or Act On a Bribe, Make a Political Contribution Under a False Name, Coerce an Employee or Fail to Property file More than Two Campaign Finance Reports During an Election Cycle, and Further Amending Section 6-33 Making It a Municipal Infraction Subject to a $500 Fine For Violating Section 6-75 Entitled "Election Reports to be Filed by Treasurer", And Further Amending Section 6-33 Causing an Elected Official, Employee or Candidate to be Disqualified From Office or Employment Upon Being Found Guilty of a Misdemeanor Under the Chapter And Further Amending Section 6-33 to Permit the City to Use Extraordinary Forms of Judicial Relief to Enforce and Correct Violations of the Chapter; Amending Section 6-71 Entitled "Books, Records and Receipts of Treasurer" Requiring that There Must Be a Zero Sum Balance at the Time of the Final Election Report; Amending Section 6-72 Entitled "Contributions Of Candidate" to Delete Subsection C Limiting a Candidate's Own Campaign; Amending Section 6-73 Entitled "Limits of Contributions By Non-Candidates" to Require Review of the Contribution Limit After Each Election and to Clarify that Corporations and Certain Other Business Entities Shall Not Contribute to Any Candidate in a City Election; Amending Section 6-75 Entitled "Election Reports to Be Filed by Treasurer" Requiring Certain Monthly Campaign Financial Reports and Final Campaign Financial Report To Be Filed and Accepted During and Immediately After the Election As a Condition to Holding Office, and Further Requiring, the Reports to be Sufficiently Itemized and Thereafter Posted on the City's Website, and Further Amending Section 6-75 to Provide That Any Unpaid Debts Shall be Deemed a Contribution Subjection To Certain Limitations and Further Allowing Certain Reports To be Rejected as Failing to Meet Reporting Guidelines - City Attorney Levan summarized the ordinance and said it is designed to implement the recommendations of the Elections Task Force; it adds provisions relating to the enforcement of the Code as well as provisions designed to set forth in detail what the violations are; it changes the nature of violations in most instances from misdemeanors to infractions so it may be enforced pursuant to the City's infractions ordinance. He said the ordinance also deals with issues relating to political contributions; it repeals the provision of the Code which limits self directed contributions and sets forth the limit for contributions from third parties; there is no change in the provisions relating to the prohibitions of contributions from corporations and other similar types of organizations. Mr. Levan added the ordinance also sets forth the requirements relating to the filing of reports and places the responsibility of monthly financial campaign reports on the treasurer.
Since there were no persons signed up to speak, Mayor Robinson declared the public hearing to have been held.
In response to a question posed by Mayor Robinson, Mr. Levan explained that Section 2 lists the offenses which the Election Board is to consider and once the Election Board determines there is a violation, the violation goes through the process which is appropriate for all violations of the City Code; if there is a determination of infraction, there is a provision under the City Code that the matter be turned over to the Administrative Review Board which would consider the infraction and determine whether or not the issuance of the infraction is valid; it allows for a process before the Court process so that recommendations can be made whether or not a violation has taken place; the ultimate decision is with the City Manager to determine whether or not the infraction goes forward.
In response to Councilmember Valentino-Smith, Mr. Levan explained that the Administrative Review Board is a creation of the City which was designed to eliminate a serious flow of traffic between the City and Upper Marlboro with regard to infraction enforcement; the ARB conducts a hearing on any violation and determines whether the infraction was properly issued.
Mayor Pro Tem Turner offered an amendment to Section 2, Subsection (a) on Page 3 of the ordinance to read: "…. any person who is found by the Board of Elections, after an administrative hearing, …." (underlining is new language). In response to concerns raised by Mayor Robinson about time constraints, Mr. Levan said that Council has to decide whether or not, in the interest of providing an abundance of caution with regard to giving potential violators an opportunity to be heard, or allow the ARB to be the hearing mechanism; there are 2 hearings in the process, 1 before the ARB and 1 before the Court. Mayor Robinson asked that a time frame be added and Council agreed to 7 days.
Mayor Pro Tem Turner referred to Page 7, Section 6-73 and offered an amendment to add Political Action Committees to the list of organizations that are prohibited from making contributions to candidates. Councilwoman Valentino-Smith seconded the motion to amend.
Councilmember Trouth noted that there are Political Action Committees that are specifically there to assist members of their organization in a non-partisan way; by putting a PAC into this section would limit such organizations that have nothing to do with the political process.
Mr. Turner responded and said if the language that is now in the ordinance was adopted a PAC would not be able to contribute in their corporate body but does not restrict them as individuals to contribute to an individual candidate.
The motion to modify Section 6-73 failed with a vote of 2-4 (Robinson, Marcos, Polangin, Trouth).
Mayor Pro Tem Turner moved to adopt Ordinance O-6-08 as amended. Councilmember Trouth seconded the motion and it carried unanimously.
NEW BUSINESS:
A. Budget Policy Guidelines - Ms. Bonnie Moore, co-chair of the Financial Advisory Committee, read a brief report from the committee into the record, a copy of which is attached.
Mr. Robert Patrick, Director of Finance, provided some background and said the City Council adopted the Strategic Plan several years ago and one of the action plans was that the City should better balance between resources and current demand; one of the action items was for the Council to provide policy guidance at the start of the budget process. He said specific tasks are for the Council to meet and establish budget priorities and guidelines and the City Manager will convey this policy and guidance to department heads as they begin to prepare for the 2010 budget. Mr. Patrick then summarized the system of government the City of Bowie works under and said the City Charter mandates that the City Manager is required to prepare an annual budget and that budget shall be submitted between the 10th and 15th days of April. He then summarized the time frame in the budget process and the various funds within the budget. Mr. Patrick continued to summarize the budget process which he displayed in a slide presentation, a hard copy of which is on file. He concluded by saying that it is the recommendation of staff that because of the current financial situation, that Council think long and hard about the initiation of new services or projects and activities; staff also suggests that there be a deferral next year of some of the non critical capital projects and there may be a need to realign the Capital Improvement Program to better meet budget needs; take a longer look at equipment acquisition and replacement acquisition to wait one more year; the 2009 budget recommended the 9% increase for 2009 and 2010.
The City Council thanked Mr. Patrick for his report and noted the need to be conservative in the upcoming budget deliberations. Members of the Council provided some areas they felt needed attention.
B. Resolution R-80-08 - Awarding a Contract for Bond Counsel Services - City Manager David Deutsch summarized the staff report dated November 26, 2008, a copy of which is on file at City Hall. He said as part of the ongoing program to build the new City Hall and since a substantial sum of money needs to be borrowed, staff reported to Council that some assistance is needed; Council authorized the retaining of a financial advisor and a bond counsel is now being solicited. Mr. Deutsch said that notices were sent to bond counsel firms and four firms responded; staff interviewed the firms separately and it is recommended that the firm of Funk & Bolton be hired for the amount of $25,000 for the process of assisting in the bond sale; the actual sale is anticipated in late winter or early spring. He asked that Council approve Resolution R-80-08.
In response to a question posed by Mayor Pro Tem Turner, Mr. Deutsch responded that staff reviewed the issue that the firm of Funk & Bolton is used by the City for legal counsel with City Attorney Robert Levan. Mr. Levan indicated there is no conflict and Council has no risk of a conflict issue arising.
Mayor Pro Tem Turner moved approval of Resolution R-80-08. Councilman Trouth seconded the motion and it carried unanimously.
FOR THE GOOD OF THE ORDER:
Mayor Robinson reminded everyone that this meeting is the last meeting of the City Council for 2008; the Council will reconvene on January 5, 2009. He wished everyone a happy and safe holiday season, and asked that those who serve in active duty and their families be remembered.
ADJOURNMENT:
Mayor Pro Tem Turner moved to adjourn the meeting in an Executive Session for the purpose of discussing a legal matter. Councilmember Trouth seconded the motion and it carried unanimously. The meeting was adjourned at 10:45 p.m.
Respectfully submitted,
Pamela A. Fleming, MMC
City Clerk