REGULAR CITY COUNCIL MEETING
MONDAY, MARCH 21, 2005

CALL MEETING TO ORDER:

The Regular Meeting of the Bowie City Council was held on Monday, March 21, 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, Mayor Pro Tem Jenkins, Councilmembers Aleshire, Booker Jones, Brady, Kroemer and Lyles; City Manager Deutsch, Asst. City Manager Fitzwater, City Attorney Elissa Levan, 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. Deborah Sell, 2705 Birdseye Lane, asked the City Council to address issue of protecting the integrity of schools with regard to the boundary changes that are being proposed.

PRESENTATIONS:

A. Proclamation P-6-05 - Recognizing Karen Johnsen and Her Mother Doris Olds-Eck for Their efforts in Finding a Cure for FSH - Mayor Pro Tem Jenkins read P-6-05 and moved for its approval. Councilman Brady seconded the motion and it carried unanimously.

B. Teacher of the Month Recognitions - Ms. Joyce Halper, Bowie Education Committee, announced that Robin Godfrey was nominated as the Teacher of the Month for February. She said Ms. Godfrey has taught at Yorktown Elementary School for four years. Mayor Robinson presented a Certificate of Recognition and a Washington Bank Savings Bond and congratulated Ms. Godfrey for her accomplishments.

Ms. Halper then announced that the Teacher of the Month for March is Amy Evans who is a teacher at Rockledge Elementary School, has taught for 29 years, 19 of those years in Bowie. Mayor Robinson presented a Certificate of Recognition and a Washington Bank Savings Bond and congratulated Ms. Evans for her accomplishments.

CITY BOARDS AND COMMITTEES:

Appointments/Reappointments/Swearings-in – A. Mayor Pro Tem Jenkins moved the appointment of Maritza Alvarez as a member of the Civic Affairs Committee. Councilman Brady seconded the motion and it carried unanimously.

B. Councilman Aleshire moved the appointment of Leon Buck as a member of the Community Recreation Committee. Mayor Pro Tem Jenkins seconded the motion and it carried unanimously.

C. Councilman Brady moved the appointment of Frank Malone as a member of the Administrative Review Board. Mayor Pro Tem Jenkins seconded the motion and it carried unanimously.

D. Mayor Robinson swore Ms. Alvarez and Messrs. Buck and Malone into office in accordance with Sec. 92A of the City Charter.

CITY MANAGER’S REPORT:

City Manager David Deutsch reported that the House Environmental Matters Committee will hold a hearing on the Land Use Bill; the Mayor will be testifying on behalf of the City. He added that this is the furthest this bill has come than in the past and is cautiously optimistic that this bill will pass the entire House and the Senate; will report back to Council after the hearing.

CONSENT AGENDA:

Councilman Aleshire moved approval of Consent Agenda Items: A) Approval of Minutes of Minutes of February 7, 2005 Council Meeting; B. Approval of Resolution R-16-05, By Two Thirds Vote Waiving the Bidding Requirements of Section 61 “Purchasing and Contracting” of the Charter of the City of Bowie and Authorizing a Replacement Time and Attendance System; C. Approval of Resolution R-17-05, Awarding a Fencing Installation Contract to Century Fence at Whitemarsh Park; D. Introduction of Ordinance O-3-05, Providing Supplemental Appropriations for the Annual Budget for the Fiscal Year Ending June 30, 2005 for the Purpose of Funding a Contribution for the Bowie High School Marquee Sign, Appropriation of Federal Grant Proceeds Used to Enhance Security at City Facilities, and Provide Additional Funding for the Public Works Streets/Utilities Building; and E. Approval of Proclamation P-5-05, Recognizing Abbie Banks for Her Years of Service to the City of Bowie. Councilman Jenkins seconded the motion and it carried unanimously.

OLD BUSINESS:

A. Ordinance O-01-05 - Amending Chapter 6, “Elections”, to Delete References to Nomination of Candidates as Obsolete, 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 6-1, “Definitions: Gender References; Computation of Time”, to Add to the Definitions of the Term “Candidate” Language Concerning the Use of Gender Pronouns: Amending Section 6-31 to Provide a Particular Penalty for Violations of Section 6-75 Pertaining to Filing Campaign Finance Reports; Amending Section 6-68 to Add Subsection (d), Making it Unlawful to Collect Funds for Campaign Purposes Prior to the Appointment of a Treasurer; Amending Section 6-72, to Clarify That it is Intended to Prohibit All Direct and Indirect Campaign Contributions By a Candidate to His Own Campaign Exceeding $2500; Amending Section 6-73, to Clarify That it Pertains to Contributions Other Than Those By a Candidate to his Own Campaign; Amending Section 6-75, to Alter the Campaign Finance Report Process and Schedule and Impose a Penalty for Failure to File; and Deleting General Specific Pronouns From the Aforementioned Sections Wherever Practicable - City Attorney Elissa Levan summarized the ordinance and noted that the requests made by Council at a previous meeting have been added making it unlawful to engage in fund raising prior to filing for office and to provide a penalty for failure to timely file campaign reports.

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

Councilman Brady moved to introduce Ordinance O-1-05. Mayor Pro Tem Jenkins seconded the motion and it carried unanimously.

NEW BUSINESS:

A. Old MD Route 450: Possible Transfer to City - City Manager Deutsch reported that the new section of Route 450 has recently been opened and that has resulted in interest by the State in turning over the old section of the road to a local jurisdiction since it would not be of the same caliber as State highways; staff is asking Council for their endorsement of efforts to negotiate with the State; the road would then be examined in terms of drainage, signage and general upgrades before negotiations would begin.

Councilman Aleshire asked who would be responsible for the bridge. City Manager Deutsch said staff’s position is that, regardless of whether the City would assume responsibility for MD Route 450 maintenance in that area, bridge responsibility and maintenance would remain with the State.

Councilwoman Booker Jones asked whether or not there is a joint use agreement and if it is common for the State to ask for a local government to take responsibility. Mr. Deutsch said it is not common but the City took responsibility of the old section of Route 197 when the roadway was realigned. He said he expected there would be a formal agreement between the City and State; the goal is to inherit a road that is in good shape and will not need maintenance for several years except for normal winter maintenance such as replacement of striping.

Councilman Brady asked if there were any properties on the north side that are not in the City along the length of the roadway that would be dedicated to the City and would then create an enclave. Mr. Deutsch replied that he didn’t believe this situation would present itself. Mr. Brady then asked if the old portion of Route 450 from Rte. 197 to St. Pius would be conveyed to the City. Mr. Deutsch replied that ultimately it would be.

Councilman Lyles moved to direct staff to negotiate with the State Highway Administration and come back to Council when the negotiation is completed. Councilman Aleshire seconded the motion and it carried unanimously.

B. Legislation - SB-761/HB-1288 - City Manager Deutsch said the title of the legislation is “Real Property - Foreclosure - Protection of Homeowners” and is a consumer protection bill that would require owners to be informed of options in foreclosure regulations, activity of foreclosures consultants, foreclosure purchasers and foreclosures surplus purchases; it has passed out of the Senate committee and is ready for full action by the Senate; a hearing was scheduled on March 10 in the House Environmental Matters Committee but was cancelled; the House sponsor is Delegate Niemann of Prince George’s County and the Senate sponsor is Senator Frosh of Montgomery County.

Councilman Aleshire asked Council to send appropriate notice that the City endorses this legislation.

Mayor Robinson suggested the matter be referred to staff since Council has not had ample time to review the legislation and then bring it back to Council for consensus. Council concurred.

COUNCIL COMMENTS:

Councilman Lyles said he would like to recognize the Collington Station community for being listed in the March edition of the Washingtonian Magazine and is listed as one of the best local communities in which to live, work and play. He commended the Homeowners Association for maintaining Bowie’s high standards of quality of life.

ADJOURNMENT:

Mayor Pro Tem Jenkins moved to adjourn the meeting. Councilwoman Booker Jones seconded the motion and it carried by those members present. The meeting was adjourned at 8:53 p.m.

Respectfully submitted,

Pamela A. Fleming, CMC
City Clerk