Staff Report

REGULAR CITY COUNCIL MEETING
MONDAY, OCTOBER 5, 2009

CALL MEETING TO ORDER:

            The Regular Meeting of the Bowie City Council was held on Monday, October 5, 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:

            Boy Scout Carl Hanson,Troop 403, led the Pledge of Allegiance to the Flag.          

CITIZEN PARTICIPATION:

            1.  Mr. Andrew Roud, St. John Properties, introduced himself to the City Council and said he was pleased that he will be working with the City on matters of mutual interest concerning the Melford property.

            2.  Ms. D.J. Campbell, 2809 Folsom Lane, spoke about matters relating to code compliance and street lighting.

            3.  Mr. Vail Clemence, 12206 Madeley Lane, spoke about FISH, an organization which provides many services to the community for 30 years.  County Councilmembers Turner and Dean had presented the organization with a proclamation recognizing them for their work in the community by providing rides for senior citizens and providing an opportunity for people to volunteer.  Mr. Clemence asked if the City would display the proclamation for all to see.

            4.  Mr. Charles Burton, 12410 Canfield Lane, spoke about public safety.

PRESENTATIONS:

            A.  Popp Award - Mayor Robinson announced that Dr. Barbara Kunkel was selected by the Community Outreach Committee to receive this year's Malcolm "Skip" Popp Award.  He said she represents quality of service, dedication and commitment to the youth in the community.  Mayor Robinson presented a plaque to Dr. Kunkel and congratulated her on behalf of the entire Council.

            Dr. Kunkel thanked the Committee and the Council for the recognition and said it was a privilege to work with the Scouts.

COUNCIL ANNOUNCMENTS:

            A.  Mayor Robinson thanked the staff for another successful International Festival which had been held at Allen Pond Park on October 3.

            B.  Mayor Robinson announced that the Council will be holding a Town Hall Meeting on October 12 at 7:30 p.m. at the Pointer Ridge Elementary School.  He urged all to attend.         

CITY MANAGER'S REPORT:

City Manager David Deutsch reported on the following:  1) The resurfacing program began today on Port Echo Lane; 2) An Open House will be conducted regarding mortgage assistance programs on Wednesday, October 7 from 9 a.m.-2 p.m. and 6-9 p.m.; 3) With regard to recent water pressure problems in the District of Columbia, Mr. Deutsch reported that both the City and WSSC systems perform similar maintenance; each hydrant is checked on an annual basis and both systems have more than sufficient pressure to provide adequate flow needed in case of a fire. 

CONSENT AGENDA:

            Mayor Pro Tem Turner moved approval of the following items: A. Approval of Minutes of September 21, 2009 Council Meeting; C. Approval of Letter to County Council's PZED Committee Re: CB-41-2009 Delegation of Powers to Municipal Corporations; and D. Introduction of Ordinance O-10-09, Amending Chapter 14, "Motor Vehicles and Traffic", Article III, "Stopping, Standing and Parking", Article III, "Stopping, Standing and Parking Offenses", to Add Section 14-17B, "Speed Monitoring Systems, to Authorize the Implementation of Speed Monitoring Systems in Properly Designated School Zones to Detect Speed Limit Violations using Vehicle Using Vehicle Sensors That Produce Recorded Images of Passing Vehicles, and to Specify the Conditions Under Which a Speed Monitoring System Shall be Used, the Penalty for a Speed Limit Violation Recorded by a Speed Monitoring System, and the Mechanism for Processing Citations for Speed Limit Violations Recorded by a Speed Monitoring System.  Councilmember Brady seconded the motion.

            In response to concerns raised by Councilmember Valentino-Smith regarding Item B. Resolution R-61-09, Awarding a Contract to Irrigation, Etc. to Provide and Install an Irrigation System at the Whitemarsh Park Small Sports Field, City Manager Deutsch said that this item can be deferred until such time as staff will bring back a recommendation to Council regarding a broader examination of Whitemarsh Park.  Council concurred.  The motion to approve Items A, C, and D carried unanimously.

OLD BUSINESS:

            A. Ordinance O-9-09 - Providing a Supplemental Appropriation for the Annual Budget for the Fiscal year Ending June 30, 2009 for the Purpose of Funding the Replacement of the Exterior Metal Stair Case at the Railroad Museum - City Manager Deutsch summarized the ordinance and reported it allocates $35,000 from the fund balance to accommodate a necessary public improvement at the Railroad Museum to replace the existing metal staircase which has been closed because of a safety concern; a competitive bid was obtained, funds had been provided in FY '09, but the project could not be completed before June 30; therefore, staff is requesting the funds be reappropriated.

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

            Councilmember Marcos moved adoption of Ordinance O-9-09.  Councilman Trouth seconded the motion and it carried unanimously.

NEW BUSINESS:

            A.  Census Update - Ms. Cheryl Harrington, Prince George's County Census Coordinator, Maryland-National Capital Park and Planning Commission, provided an update of the schedule for Census 2010.   She briefed the Council on the County's efforts and said the County has formed a Complete Count Committee whose purpose is to ensure a completion and accurate count for the upcoming census; Census Day is April 1, 2010 and the questionnaires will be sent out in mid-March.  Ms. Harrington further reported that during the last Census, Bowie had an 80% response rate.   She said that a number of municipalities have also formed Complete Count Committees and they are asking that Bowie recommend someone to serve on the Complete County Committee; the kick-off will be October 19 at the Prince George's Ballroom.  In response to a question posed by Councilmember Polangin, Ms. Harrington said that if the questionnaire is not returned to the Census Department by mid-April, then enumerators will be dispatched to the community to knock on doors and encourage citizens to fill out the questionnaire; enumerators will have an identification badge and will have a computer to directly input the information into the computer. 

            Councilmember Trouth asked if symposiums could be held for senior citizens to explain and assist in the application.  Ms. Harrington explained that there are only 2 persons serving Prince George's County; the purpose of the County Complete County Committee is to form a local committee to provide these types of services.

            Mayor Pro Tem Turner asked City Manager Deutsch if the City has a plan in place as far as educating the community.  Mr. Deutsch replied that the Census will be publicized through all available options; the City's role is providing information and education that it is important to fill out the forms as well as answering questions.   Ms. Harrington added that information is available on the Census website.

            Councilman Brady recommended that the Community Outreach Committee be asked to see if they will assist and take this on as a responsibility. 

            In response to Councilmember Valentino-Smith, Ms. Harrington said there are Public Service Announcements available from the U.S. Census; once the City joins the partnership, they will be able to request the information directly; they will also work with the local Complete Count Committee to assist in supplying information.

            B.  City of Bowie Consolidated Annual Performance and Evaluation Report (CAPER) for FY 2009, U.S. Department of Housing and Urban Development, Community Development Block Grant Program - Mr. Jesse Buggs, Grants Administrator, summarized the staff report dated October 5, 2009, a copy of which is on file at City Hall.   He said the document says that the first five years have been completed and a letter was received from HUD stating that Bowie provided the most complete documentation of any agency in the region; staff is prepared to move forward with HUD and asked that the Council accept and approve the document so that it can be sent to HUD for their review and comments.

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

            In response to Mayor Pro Tem Turner, Mr. Buggs said there is substantial and significant interest in the program because the economic and other conditions have not allowed persons who have lived in their homes for some time to make repairs because they do not have the resources.  

            Mayor Pro Tem Turner moved approval of Resolution R-60-09.  Councilmember Trouth seconded the motion and it carried unanimously.

            C. Maintenance on Route 197 Associated with the BGE Bowie Electric Reliability Action Plan - Assistant City Manager John Fitzwater summarized the staff report dated September 30, 2009, a copy of which is on file at City Hall.  He reported the issue before Council is roadside maintenance along the western side of Route 197 from Old Route 450 to just south of Lerner Place adjacent to the Long Ridge community; BGE is proposing tree cutting and trimming along the right-of-way associated with the Bowie Electric Reliability Action Plan; BGE is 91% of the way through this project and BGE has requested permission from the City to go ahead with the work in this area because it has impacted the construction work being done in the Long Ridge community; staff is seeking direction from the Council as to the level of follow-up roadside maintenance for this section of the roadway and seeking Council approval to authorize BGE to proceed with tree cutting in this area.  Mr. Fitzwater added that at Council's request staff has received costs for performing additional maintenance along this area; the cost to clear and spray from the shoulder to the existing fence line would be approximately $12,550; to control the understory growth of invasive plants would require four additional visits per year at an additional cost of $19,200 per year or $4800 per visit; in order to qualify for the BGE right tree/right place program some level of roadside maintenance would be necessary and approximately 40 trees could be replaced using this program.  He further reported that by agreement with the State Highway Administration, the City is also responsible for maintenance of the wooden fence along this portion of the roadway; the cost to replace all of the fence impacted by the BGE project and the additional maintenance work would cost around $63,577 depending upon the type of fence selected.  He said that the City Council's position on erection of a noise wall is stated in the most recent letter to SHA, a copy of which is on file at City Hall; staff would be concerned about the City assuming any additional maintenance cost in this area because it currently is the State's responsibility; staff would also be concerned about setting precedence for other similar right-of-way areas maintained by the State and County if the City were to take on responsibilities in this area.  In conclusion, Mr. Fitzwater said that the work proposed in this area by BGE will have an aesthetic impact on the area; the work is not as dramatic as what was done in other right-of-way area such as Old Chapel Road; all residents living in the Long Ridge community received notification of the proposed BGE tree cutting work; staff recommends authorizing BGE to do the tree cutting in this area and see what the impact of this work will have before settling on a particular way to maintain this area after the cutting occurs.

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

            Following discussion, Mayor Pro Tem Turner moved to direct staff to communicate to BGE to move forward, to re-evaluate all options and alternatives, get a written commitment from BGE that they will be prepared to extend the tree acquisition process, initiate formal correspondence to the 23rd District Delegation requesting their participation in the discussion, make a commitment regarding fence repairs, and to reach out to SHA during their upcoming meeting in the County.  Councilmember Brady seconded the motion and it carried unanimously.

ADJOURNMENT:

Mayor Pro Tem Turner moved that the meeting be adjourned into Executive Session for the purpose of discussing a personnel matter.  Councilman Brady seconded the motion and it carried unanimously.  The meeting was adjourned at 9:55 p.m.

Respectfully submitted,

 

Pamela A. Fleming, MMC
City Clerk