Staff Report
Minutes of 9/21/09 Meeting

REGULAR CITY COUNCIL MEETING
MONDAY, SEPTEMBER 21, 2009

 

CALL MEETING TO ORDER:

            The Regular Meeting of the Bowie City Council was held on Monday, September 21, 2009 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, Asst. City Manager Fitzwater, City Attorney Elissa Levan, City Clerk Fleming, 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:          

            A.  Mayor Pro Tem Turner requested that Consent Agenda Items D and G be moved to New Business for discussion.

            B.  Councilmember Valentino-Smith requested that Consent Agenda Item F be moved to New Business for discussion.

CITIZEN PARTICIPATION:

            A.  Ms. Connie Carter, Co-Chair of the Bowie Gardens for Wildlife Habitat Team, and Ms. Maria Arnold, Co-Chair of the Bowie Gardens for Wildlife Habitat Team and member of the Environmental Advisory Committee, spoke about the Council's support of the Bowie Wildlife Habitat and Green Bowie projects.  They presented a Certificate from the National Wildlife Federation to the City Council.   The Certificate registers the City's Community Wildlife Habitat project.   

            B.  Mr. Charles Burton, 12410 Canfield Lane, spoke about Fire and EMS Public Safety Services.  A copy of his statement is attached.

            C.  Mr. Richard Elder, 13316 Idlewild Drive, spoke about the awards presented at the Police Department awards ceremony. 

CITY BOARDS AND COMMITTEES:

            A.  Appointments/Reappointments/Swearings-in - Councilmember Polangin moved the appointment of Ms. Kelly Pierce as Chairman of the Bowie Heritage Committee.  Mayor Pro Tem Turner seconded the motion and it carried unanimously.

            B.  Councilmember Brady moved the appointment of Ms. Nichelle Fullen as a member of the Arts Committee.  Councilmember Trouth seconded the motion and it carried unanimously.

            C.  Councilmember Marcos moved the appointment of Ms. Meglan Knights as a member of the Financial Advisory Committee.  Councilmember Brady seconded the motion and it carried unanimously.

            D.  Mayor Robinson swore Ms. Fullen and Ms. Knights into office in accordance with Sec. 92A of the City Charter.

PRESENTATIONS:

            A.  Certificates of Recognition - BGE Task Force - Mayor Robinson read and moved approval of Proclamations recognizing the BGE Task Force for their service to the City.  Mayor Pro Tem Turner seconded the motion and it carried unanimously.   Mayor Robinson presented the Proclamations to the members of the Task Force and the entire Council congratulated them for their work on behalf of the citizens of Bowie.

COUNCIL ANNOUNCEMENTS:

            The next meeting of the City Council will be a Town Hall meeting on Tuesday, September 29, at 7:30 p.m. at the Bowie Senior Center. 

CITY MANAGER’S REPORT:

            City Manager Deutsch reported that he had sent a note to Council concerning an amendment to State law that authorized the provision of tax credits for police officers and other public safety officers who were disabled in the line of duty; the law had previously provided for a tax credit for the spouse of a fallen officer and now, as a result of unanimous action of the State Legislature, is available for disabled public safety officers.  Councilmember Polangin had a request from a constituent asking Council to consider this amendment and staff is asking for direction on how to proceed; if Council supports the amendment an ordinance will be drafted to amend the City Code for Council's consideration.  Council concurred.

CONSENT AGENDA:

              Councilmember Marcos moved approval of Consent Agenda Items: A. Approval of Minutes of September 8, 2009 Council Meeting; B. Approval of Resolution R-59-09, Adopting Debt and Financial Management Policies; C. Introduction of Ordinance O-9-09, Providing a Supplemental Appropriation for the annual Budget for the Fiscal year Ending June 30, 2010 for the Purpose of Funding the Replacement of the Exterior Metal Stair Case at the Railroad Museum; and E. Approval of Position Letter Re: Preliminary Plan and Proposed Section Map Amendment (SMA) for Subregion I (Planning Areas 60, 61, 62 and 64). Councilmember Brady seconded the motion and it carried unanimously by those members of the Council present. 

OLD BUSINESS:

A.  Ordinance O-8-09 - Amending Chap. 12 "Cable Communications" to Delete Those Provisions of Sec. 12-2 "Definitions and Work Usage" and Sec. 12-11 "Rate Regulations; Enforcement of Consumer Protection, Customer Service Standards" That Relate to the Establishment of the City Cable Rate Regulation Commission - City Attorney Elissa Levan summarized by saying that the Cable Rate Regulation Commission had monitored various activities of the various telecommunications companies for many years; due to changes several years ago in Federal law their function has been made obsolete; the ordinance removes the provisions in Chapter 12 relating to the Cable Rate Regulation Commission.

            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-8-09.  Councilmember Marcos seconded the motion and it carried unanimously.

            Councilmember Brady noted that Chapter 21C references the obsolete Beautification and Tree Preservation Committee and asked that staff arrange to have this reference deleted.  Mr. Brady also asked 1) that a worksession be scheduled to look at the issue of vehicles and what can be permitted in the residential area with regard to the lettering issue; 2) that staff look at the section of the Code regarding the height of trees hanging into streets since trees may be in conflict with vehicles such as refuse trucks.   Council concurred.

NEW BUSINESS:

            A. Position Letter Regarding Restoration of A-58 as a State Road to Highway Network and Evaluating the Feasibility of an Interchange at US 50 and Melford Boulevard - Councilmember Turner moved that language be included in the position letter that is in the City's earlier transportation priority letter regarding an access road from Route 50 to Governor's Bridge Road.   Councilmember Brady seconded the motion and it carried unanimously.

            B.  Position Letter Regarding Preliminary Glenn Dale-Seabrook-Lanham and Vicinity Sector Plan and SMA - Councilmember Valentino-Smith asked if the jurisdictions of Glendale, Seabrook, Lanham and Vicinity Sector Plan have been contacted in trying to gain them as partners.  Mr. Deutsch replied that none of these communities are municipalities and the City would have to talk to civic associations or the County representative who represents those areas; the subject letter is restating the City Council's position and addresses portions of those communities' plans that affect Bowie without getting too involved in the detailed aspects of their Master Plans.   Councilmember Valentino-Smith then moved that the letter emphasize that the City's position on the Rte. 50/193 interchange is important to the City Council as well as a large portion of Prince George's County.  She also asked that the State be sent a copy of the letter.  Councilmember Trouth seconded the motion and it carried unanimously.

         C.   Letter Regarding Maryland-National Capital Park and Planning Commission Budget - Mayor Pro Tem Turner moved that emphasis be placed for the Green Branch Athletic Complex as the City's #1 priority.  Councilmember Brady seconded the motion and it carried unanimously.

            D.  Letter Regarding Prince George's County Board of Education Capital Improvement Program - Since there were no objections to the letter, Mayor Pro Tem Turner moved approval.  Councilmember Trouth seconded the motion and it carried unanimously.

ADJOURNMENT:

Mayor Pro Tem Turner moved to adjourn the meeting into Executive Session for the purpose of discussing legal and personnel matters.  Councilmember Brady seconded the motion and it carried unanimously.  The meeting was adjourned at 8:52 p.m.

Respectfully submitted,

Pamela A. Fleming, MMC