REGULAR CITY COUNCIL MEETING
TUESDAY, FEBRUARY 22, 2005

CALL MEETING TO ORDER:

The Regular Meeting of the Bowie City Council was held on Tuesday, February 22, 2005 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 Aleshire, Booker Jones, Brady Jenkins, Kroemer and Lyles; City Manager Deutsch, Assistant City Manager Fitzwater, City Attorney Karen Ruff, 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.

CITIZEN PARTICIPATION:

A. Ms. Diedre Trass, 8808 Jackson Valley Ct., spoke about the Hall Road L-A-C project and said the developer has not demonstrated any interest in building was is needed by the residents or concern for the residents of the communities this project is supposed to serve. She urged the Council not to support the project.

B. Mr. Russ Ideo, President of the South Bowie Citizens Association, reiterated that their stand on the Hall Road project is that they have been against the project since 1998 and that hasn’t changed; they are in agreement that a new library be located on the property. He asked the Council to keep their position of opposition regarding the Hall Road L-A-C.

C. Mr. Richard Schroeder, 1305 Port Echo Lane, thanked the City for continuing to support the residents in opposing the Hall Road development.

D. R. Isaac Trouth, 15204 Dalebrook Drive, thanked for the Council for their efforts with regard to the opposition of the L-A-C. He asked the Council to reaffirm their position.

E. Ms. Iredia Hutchison, President of the Collington Manor Homeowners Association, reiterated that in no point in time has the Manors changed their position to support the development of the L-A-C; the issues of traffic and safety issues remain the same; a strip mall is not needed since there is enough commercial.

F. Mr. James Clark, 1105 Devonwood Drive, said he was disturbed about the information that was circulating indicating that the City and the residents were in support of the L-A-C proposal; thanked the City Manager and staff for staying on top of the issue.

PRESENTATIONS:

Awarding Winners of the “I Have a Dream” Poetry Contest - Mr. Todd Turner, Vice Chairman of the Diversity Committee, announced the winners of the contest. He said the committee received over 100 applications from students ranging from Kindergarten through High School; 22 finalists were selected and were honored at a program. As he announced the winners, they came forward to receive the congratulations of the Council.

CITY BOARDS AND COMMITTEES:

A. Reappointment of City Committee, Board and Commission Members – Councilman Aleshire moved the reappointment of Sharon Hunt as a Member of the Community Outreach Committee. Councilman Brady seconded the motion and it carried unanimously.

B. Mayor Pro Tem Jenkins moved the appointment of Valerie Bennett as a Member of the Economic Development Committee. Councilman Brady seconded the motion and it carried unanimously.

C. Councilman Lyles moved the appointment of Brian Banks as a Member of the Education Committee. Councilman Jenkins seconded the motion and it carried unanimously.

D. Mayor Robinson swore Ms. Hunt, Ms. Bennett and Mr. Banks into office in accordance with Sec. 92A of the City Charter.

COUNCIL ANNOUNCEMENTS:

Mayor Robinson announced that the Land Use Legislation that has been supported by the City for the last several years, passed out the Prince George’s County Delegation; it will then go to the Montgomery County Delegation and then to the House of Delegates.

CITY MANAGER’S REPORT:

City Manager Deutsch distributed a press release to Council regarding the epansion of the Verizon system; Verizon will be installing fiber throughout the community; each home and business will have fiber installed which will allow residents and businesses to access high speed data, enhanced telephone opportunities, and ultimately video which will be a competitor to the existing franchisee. He said Verizon will begin shortly and will be placing door hangers on residents doors notifying them of the work.

CONSENT AGENDA:

Councilman Brady moved the approval of Items A. Approval of Minutes of January 18, 2005 Council Meeting; B. Approval of Resolution R-10-05, Authorizing the Waiving of Bidding Requirements to Allow for the Issuance of a Purchase Order for the Installation of an Alarm System at the Water Plan; C. Approval of Resolution R-11-05, Accepting Deed for Parcels I, J and K in the Collington Station Subdivision; D. Approval of Resolution R-12-05, Declaring Certain Property Surplus and Authorizing the City Manager to Execute a Deed and Easements Conveying Interests in Property Owned by the City to the Maryland State Highway Administration Pursuant to Property Disposition Policy R-61-98; and E. Approval of Resolution R-13-05, Accepting Bid for the Construction of the Street/Utility Building. Councilman Aleshire seconded the motion and it carried unanimously.

OLD BUSINESS:

A. Request for Financial Support for New Sign at Bowie High School - City Manager Deutsch reported that this issue began in early January when Council received a request from the high school Principal requesting Council’s support in the amount of $10,000 to complete a project to provide an electronic messaging sign in front of the high school. He said there were suggestions made by staff that if Council wanted to fund the proposal whether it should be done at the time of the request or to hold the issue over until the budget process in April; no consensus developed and staff was asked to prepare additional information. Mr. Deutsch said the main question has to do with the timing of the request and the sense of urgency being suggested by the project proponents; staff’s investigation did not confirm the suggestion that there is urgency in the funding request at this time; a separate permit is required for the sign and City, County and State permits have been acquired; the sign is to be procured under a contract from a vendor in Florida and installed by the MIE Corporation which has donated a substantial amount of money to improve the high school tract, and their commitment is to install the sign.

Public Hearing:

1. Mr. James Marcos, President of the Greater Bowie Chamber of Commerce, said the Chamber felt that the sign is for the community as well as the students; the high school lost the current sign because of the reconstruction of Rte. 450 so it is felt there is an urgency for the sign to be constructed.

2. Ms. Toni Adams, Vice President of the Greater Bowie Chamber of Commerce and President of the Friends of Bowie High School, reported that after a tour of the facility, the Chamber had found the track in appalling condition. She said that MIE agreed to donate 75% of the needed upgrades, part of which was the sign; the balance of the money needed would have to be raised through fund raising. She said they are asking the City to help with the last $10,000 needed for the sign and that it be done before the end of the school year.

Mayor Pro Tem Jenkins said he felt this was a very worthwhile project, but questioned the timing in terms of the urgency. He said his concern that this is an off budget item and that taking action on such items when the Council is close to discussing the budget; by considering this matter now, it is removed from that process and this is not the right way to conduct municipal business; it is good management to stick to the budget process to fund these types of items. Mr. Jenkins urged the Council not to turn the request down, but to wait to consider it during the context of the upcoming budget.

Following concerns raised by Mayor Pro Tem Jenkins, Councilman Aleshire summarized the project and noted that money placed in the budget is not released until July 1; when the sign is ordered it will take 3 months for it to be put together and sent to Bowie. He asked Council to approve the funding request.

In response to concerns raised by Councilwoman Booker Jones regarding whether MIE would leave the area, Ms. Adams responded that the Friends of Bowie High School would need to seek another contractor. She added that because MIE was able to order materials, etc. through their corporate contacts, the savings were considerable; if the sign did not make it into the budget, a considerable amount of fund raising would have to occur since the sign has already been ordered and costs could rise.

In respond to a question from Councilman Kroemer, Mr. Deutsch replied that the City Charter requires bidding at $10,000; only with a Council waiver would bids not be required. Mr. Kroemer then asked if the City have a policy regarding the role of members of the Council in identifying potential contractors, subcontractors, etc. City Attorney Robert Levan replied there is no City policy other than that set forth in the City Ethics Code. Mr. Kroemer than asked if there was a policy how off-budget items are deliberated in which items are acted upon that require expenditures of monies. Mr. Deutsch replied there was no policy; staff had suggested that Council establish a process for evaluating requests that off budget. He added with regarding to the requirement for bonding that if MIE is not the ultimate installer and a new bond is required by the School Board, construction bonds typically cost one half of one percent. Mr. Kroemer suggested that the City work towards establishing these policies; it appears there would be some delay in getting this project done.

Councilman Brady asked when is the date of budget adoption and Mr. Deutsch replied it is scheduled to be adopted on May 16. Mr. Brady then noted that other local schools requested funds over the years which were not line items in the budget; in light of past precedence and what he perceives to be an urgency, felt that it would be appropriate to move forward in a favorable fashion. He added that there should be a signed MOU that stipulates the total commitment to provide access to the City for announcements. Mr. Brady said that the City does need to develop a program with a line item in the budget for these kinds of contingencies and develop objective criteria that can be applied consistently.

Councilman Aleshire moved to support the financial contribution to the Friends of Bowie High School in the amount of $10,000 and that there be an MOU concerning the use of the sign by the City. Councilwoman Booker Jones seconded the motion.

In response to a question posed by Mayor Pro Tem Jenkins concerning a conflict of interest in this matter, City Attorney Levan said conflict of interest would be a determination made by the Ethics Commission; while Councilman Aleshire located a prospective contractor, he left the negotiations with the contractor to somebody else; Mr. Aleshire would have to decide whether or not he was so involved that he should recuse himself from the matter.

Councilman Aleshire said, for the record, that he did not seek out this particular vendor; the vendor gave his recommendation to the Principal who then showed it to him.

This motion to support the financial contribution carried with a vote of 6-1 (Jenkins).

B. Ordinance O-1-05 - Amending Chapter 6, “Elections”, to Delete References to Nomination of Candidates, as Obsolete, in Section 6-12, “Nomination of Candidates-Procedure”, Section 6-13, “Same-Withdrawal”, Section 6-29, “Recount of Ballots”, Section 6-67, “Distribution of Summary of Election Laws”, Section 6-68, “Appointment of Campaign Treasurer; Candidate Joining Ticket or Slate”, Section 6-69, “Appointment of Treasurer by Political Committees; Reports”, Section 6-72, “Contributions and Expenses of Candidate”, Section 6-73, “Limits of Contributions”, and Section 6-75, “Election Reports to be Filed By Treasurer”; Amending Section 6-72 To Clarify That It Is Intended To Prohibit All Direct and Indirect Campaign Contributions by a Candidate’s Own Campaign Exceeding $2500; Amending Section 6-73, To Clarify That It Pertains to Contributions Other Than Those By a Candidate’s Own Campaign; and Amending Section 6-75 To Alter the Campaign Finance Report Process and Schedule and Impose a Penalty for Failure to File - City Attorney Levan reported that the substance of the ordinance constitutes technical changes to the Code to correct language which doesn’t make significant changes to the Code. With regard to the question on the limitation of contributions during certain periods of time which are outside the election process, Mr. Levan said staff advised Council that staff was not able to find any cases where limitations had been imposed on the Council itself; the contribution issue itself is essentially defended on the grounds of the right for candidates to engage in free speech extensively and run their campaigns as long as they wish; the burden on the government to establish the reasonableness of such a limitation in terms of the governmental purpose, has to be strongly established in order to override the free speech interest in allowing candidates to raise money in order to promote their campaign.

Following discussion between Council and the City Attorney, Mayor Pro Tem Jenkins moved to table Ordinance O-1-05 for two weeks in order to study the fund raising issue and issues relating to citations for non-compliance.

NEW BUSINESS:

A. Preliminary Plan #4-04160 - Coleman Property -

B. Revision to Specific Design Plan #SDP-0313 - Wachovia Bank -

ADJOURNMENT:

Mayor Pro Tem Jenkins moved to adjourn the meeting. Councilman Brady seconded the motion and it carried unanimously. The meeting was adjourned at 10:55 p.m.

Respectfully submitted,

Pamela A. Fleming, CMC
City Clerk