SPECIAL CITY COUNCIL MEETING
MONDAY, AUGUST 13, 2001

CALL MEETING TO ORDER

A Special Meeting of the Bowie City Council was held on Monday, August 13, 2001 in the Council Chambers. The meeting was called to order by Mayor Robinson at 8:00 p.m.

QUORUM

In attendance were Mayor Robinson, Mayor Pro Tem Peters, Councilmembers Aleshire, Brady, Ellington, Green and Jenkins; City Manager Deutsch, Assistant City Manager Fitzwater, City Attorney Robert Levan, the Press and the Public.

PLEDGE OF ALLEGIANCE TO THE FLAG

The Council led the Pledge of Allegiance to the Flag.

CONSENT AGENDA

Councilman Aleshire moved approval of Consent Agenda Item: A. Approval of Resolution R-84-01 Authorizing the City Manager to Sign a 50/50 Cost Share Agreement with Prince George's County for the Installation of a Traffic Signal at the Intersection of Mitchellville Road, Northview Drive and Atlantis Drive. The motion was seconded by Councilman Brady and carried unanimously. Councilman Green requested date certain for installation.

NEW BUSINESS

A. Resolution R-83-01 - Authorizing the City Manager to Enter Into an Agreement with KBM Group, Inc. to Perform Certain Services in Connection with Redistricting in the City - City Manager Deutsch presented the staff report, a copy of which is on file at City Hall. The City would need to modify the contract concerning creation of new maps.

Councilman Jenkins asked how the City became aware of this firm. Mr. Deutsch noted that Councilman Ellington mentioned this firm at the August 1 Council meeting. The City did not seek alternate proposals because of the short time frame. Councilman Jenkins asked how the price was negotiated. Mr. Deutsch responded that the City received the price proposal; staff did not negotiate. Councilman Jenkins asked what product is expected. Mr. Deutsch said the firm would take the three redistricting maps and assess in terms of adherence to various guidelines. City Attorney Levan said the consultant is being asked to tell the City whether these proposals will withstand legal scrutiny. Councilman Jenkins asked if the City Attorney can provide this advice. Mr. Levan responded yes; the KBM consultants would add demographic aspect.

Councilman Jenkins expressed concern about the qualifications of KBM to evaluate case law. He asked if KBM has acted as a municipal or county redistricting consultant.
Mr. Deutsch said they have not acted as a consultant to a municipality or county, but they do have State and Federal experience. Councilman Jenkins asked if KBM has ever acted as an expert witness in a redistricting matter, if KBM has ever been a litigant or party of record in a redistricting case, and if KBM has ever acted as an expert witness in a contested voting rights case; Mr. Deutsch responded no to all. He also asked if the KBM staff assigned to work on this project have legal training; Mr. Deutsch responded no.

Councilman Jenkins said he felt the reasons to hire a consultant are: (1) Consultant has skill not possessed by public body; and (2) to provide cover for public body. City staff has a good grasp of City geography; demography is what needs to be focused on. This is a legal and philosophical decision. Council can and should make this determination. Councilman Jenkins said he felt it was not in the City's best interest to spend $15,000-16,000 for the consultant.

Councilman Green asked if City data is based on US Census data. Mr. Deutsch said yes; the City has the capability to make computer changes quickly and has a full-time person in a GIS position. Councilman Green questioned what the consultant would bring that staff or the City Attorney can't provide; said he was not comfortable with hiring the consultant.

Councilman Aleshire asked how long KBM has been in existence and how many people are in the group. Mr. Deutsch said 15 years and the City received five resumes out of the 20 person firm. Councilman Aleshire said he could not support their proposal.

Councilman Ellington asked what the consultant could provide that the City does not already possess. Mr. Deutsch said staff understood Council desired an independent outside perspective on the three proposals. Councilman Ellington asked if alternative software is needed; Mr. Deutsch said staff feels the current software is adequate. Councilman Ellington requested the status of forum in September involving the League of Women Voters, ACLU, NAACP. The Councilman said he still supports the use of a consultant because of the potential for litigation, demographic changes, and the need to get another perspective.

Mayor Pro Tem Peters asked if the consultant was invited to the Council meeting.
Mr. Deutsch said no; consultants are usually not invited to meetings when contracts are awarded. Mayor Pro Tem Peters said he would feel more comfortable with some type of compliance test; is concerned about the process and feels a second opinion is important.

Councilman Brady asked if the software package or consultant would shield the City from litigation; City Attorney Levan said no. Councilman Brady said assessing the strengths and weaknesses of the three maps should be the reason for using a consultant; this doesn't seem to be addressed in the KBM proposal.

Mayor Robinson said he didn't see that the proposal adds to what staff and counsel can provide.

Councilman Jenkins noted staff reacted to Council's directive in presenting the consultant's proposal. KBM is a quality organization; however, their proposal does not match the City's needs. Councilman Jenkins moved to deny approval of Resolution R-83-01; the motion was seconded by Councilman Aleshire. The vote was unanimous to deny award of the contract to KBM.

Councilman Ellington asked staff to continue to look for someone else to guide Council through the redistricting process. He also asked the City Manager to come up with some options.

Councilman Green moved to direct the Board of Supervisors of Elections to convene a meeting to find additional polling places throughout the City within 60 days, and to examine the staffing and cost dimensions of this proposal. The motion was seconded by Councilman Jenkins and carried unanimously.

Mayor Pro Tem Peters said he would look for counsel and the City Manager to suggest areas to strengthen the redistricting process.

OTHER

Councilman Ellington asked if staff would provide a report on the status of the Dog Park at the next Council meeting.

ADJOURNMENT

The meeting adjourned at 9:30 p.m.

Respectfully submitted,

John L. Fitzwater
Assistant City Manager