REGULAR CITY COUNCIL MEETING
MONDAY, APRIL 4, 2005

CALL MEETING TO ORDER:

The Regular Meeting of the Bowie City Council was held on Monday, April 4, 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 City Council led the Pledge of Allegiance to the Flag.

CITIZEN PARTICIPATION:

A. Mr. Bruce Pletsch, Abby Drive, representing the residents of Sherwood Manor, spoke about MSTC and MIE, and said after reading reports of negotiations between the City and MIE they felt now was not the time to compromise on the issue of development of the Center.

B. Ms. Victoria Herman, 2627 Felter Lane, spoke about the need for a Neighorhood Watch program in the Foxhill section of Bowie and announced that a meeting has been scheduled at City Hall.

C. Mr. Charles Burton, 12410 Camfield Lane, spoke about the staffing problems at Prince George’s County Fire stations. A copy of his statement is attached.

D. Ms. Iredia Hutchison, 14504 Jones Bridge Road, President of the Collington Manors HOA, spoke about the Zoning Hearing Examiner’s recommended approval of the rezoning of the Hall Road property. She asked the Council for continued support of the citizens that are affected in that area in opposing the rezoning.

Councilman Brady moved that a letter be sent to the County indicating the Council’s opposition to the rezoning and to appeal the decision by the Zoning Hearing Examiner. Mayor Pro Tem Jenkins seconded the motion and it carried with a vote of 6-1 (Lyles).

CITY BOARDS AND COMMITTEES:

1. Mayor Pro Tem Jenkins moved the appointment of Ms. Anne Vergiels as a member of the Civic Affairs Committee. Councilman Aleshire seconded the motion and it carried unanimously.

2. Councilman Kroemer moved the appointment of Mr. John Scoulious as a member of the Administrative Review Board. Councilman Brady seconded the motion and it carried unanimously.

3. Mayor Robinson swore Ms. Vergiels and Mr. Scoulious into office in accordance with Sec. 92A of the City Charter.

CITY MANAGER’S REPORT:

City Manager Deutsch reported on the following items: 1) The public hearing on the Roberts property water allocation on Forest Drive was removed from the agenda since it was learned that water had been allocated 17 years ago; 2) The Land Use Authority legislation has cleared the House of Delegates and is scheduled for hearing on April 7; the Mayor will testify.

Mayor Robinson added that he had contacted elected officials in the PGCMA and asked them to contact their Senators in support of this bill; if the Senate delegation approves the bill, it is highly likely that the House will as well.

CONSENT AGENDA:

Mayor Pro Tem moved the approval of Consent Agenda Items: A) Approval of Proclamation P-3-05 - Recognizing April 16, 2005 as Arbor Day in Bowie; B) Approval of Proclaiming April as Municipal Government Week in Bowie; C) Approval of Resolution R-14-05, Accepting Streets and Appurtenances Constructed Under Prince George’s County Permits 96-22-00089 and 97-22-00226 at Saddlebrook East Subdivision and Transferred in Accordance With Resolution R-5-5050; and D) Approval of Resolution R-20-05, Accepting Bid for the Supply and Installation of Ballfield Lighting at Church Park Road. Councilman Brady 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 Levan reported that one amendment has been made since the introduction of the ordinance in connection with the application of unsuccessful candidates and successful candidates; the amendment to Section 6-75, subsection a)2 changes the wording to clarify that the second treasurer’s report is due regardless of whether the candidate is successful or unsuccessful.

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

Mayor Pro Tem Jenkins moved the adoption of Ordinance O-1-05 as amended. Councilman Brady seconded the motion and it carried unanimously.

B. 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 -
City Manager Deutsch said the ordinance is for a supplemental appropriation for $10,000 to support a new electronic sign at Bowie High School; to appropriate funds for security expenditures that are covered by a like amount in a grant; and to provide additional funds in the amount of $190,000 for the construction of the streets/utility building; there is sufficient money in the General Fund to provide for the supplemental appropriations.

Councilman Aleshire said he wanted to make an amendment to O-3-05 to delete the reference to the MOU and by inserting the words “letter that has been sent”. Councilman Lyles seconded the motion.

City Manager Deutsch noted that the reference to the MOU does not need to be referenced in the ordinance; if the ordinance is adopted, staff will prepare a check and, upon receiving the signature of any school board representative, the check will be disbursed.

Councilman Aleshire withdrew his motion and then moved to adopt Ordinance O-3-05 as written. Councilwoman Booker Jones seconded the motion and it carried unanimously.

NEW BUSINESS:

A. Bowie and Vicinity Master Plan - Mr. Joseph Meinert, City Planning Director, noted that this is the first time the Bowie Master Plan has been updated since 1991. He reviewed the City Council’s review schedule and said the published document will be available to the public in approximately 2-3 weeks; copies of the Master Plan that were picked up at an earlier meeting will be available for residents to pick up at City Hall.

Public Hearing:

1. Ms. Chris Hedman, 13404 Overbrook Drive, spoke about the Rte. 450 corridor and the area where the Levitt model homes were located, and noted that this area should remain an open area as part of an historic recognition. She added that the Free State, Market Place and Hilltop shopping centers are able to connect.

2. Mr. Robert Agnello, 1300 Parkington Lane, Vice President of the Citizens Association of South Bowie, spoke about Amber Ridge and Hall Road. A copy of Mr. Agnello’s statement is attached.

3. Ms. Diedre Trass, 808 Jackson Valley Ct., asked the City to appeal the decision regarding the L-A-C on Hall Road; was concerned about traffic and congestion. She felt this project did not have the community benefits in mind, and urged the Council to consider other creative uses for the property.

4. Mr. Larry Taub, 11785 Beltsville Dr., Calverton, representing the Corporation of Roman Catholic Clergymen, which is the owner of the Jesuit property. A copy of Mr. Taub’s statement is attached.

5. Mr. Darrell Brown, Denmark Place, spoke about the draft Master Plan, in particular the proposal of the A-44 and PT-1 alignment through Woodmore Highlands; Prince George’s County had previously abandoned the transportation throughway and the residents thought that the trails were also abandoned and the land was no longer effected; however, the trails are now going to be constructed and the community is opposed to this project.

6. Mr. Dan Melvin, 3309 Rodeo Drive, Davidsonville, spoke about the Master Plan and the Parcels 147 and 149. He asked that effort be made to get these parcels upzoned to the C-S zone.

B. Police Department Advisory Question - City Manager Deutsch reported that staff has been working with Council focusing on the issue of public safety, particularly police services in the community; a number of elements of the issue have been looked at, as well as a cost benefit analysis and data from the District II staff. He said there has been discussion about whether this issue should be placed on the November ballot as an advisory question and Council needs to consider whether this should happen or not.

Councilman Aleshire said he cannot support an advisory question at this time; the case has not been made and data is still being received regarding cost of operations; the County Executive has indicated he is going to hire more police officers and more officers have been assigned to District II, and the County budget includes more money for additional officers.

Mayor Pro Tem Jenkins said the question is not whether there should be a police force or not; the question is whether the citizens deserve a chance to speak to the issue; is the City in a position to provide the public with enough information for them to make an informed decision? He believes a great deal of data has been developed, a cost estimate of what a police department will cost the taxpayer can be provided; the Council is in a position to suggest what benefits may be derived; trusts the citizens of Bowie to weigh the benefits of having a police department and would not presume to tell them how to vote, but felt they should vote as to their own conscience.

Councilman Brady noted that he agreed with Councilman Jenkins that to decide not to place this issue on the November ballot would be a “slap in the face” to the citizens. He felt it was appropriate to move forward and whether or not a clear case is made for a police department, will be borne out on how the voters respond in November.

Councilman Kroemer said he has looked at the data; felt it is the most monumental decision a Council will make in the history of the City if it is looked at from an expense stand-point; because it is so monumental, leans toward allowing the citizens to provide their input to the Council.

Councilwoman Booker Jones said that the citizens need to have information in order to make an informed decision; regarding the cost, she cannot make an informed decision as to whether it is in the best interests of the constituents; based on the lack of information obtained thus far is not sold as to whether a police department is warranted in the City; felt, however, the citizens should have the opportunity to provide input and input must be based upon information provided.

Councilman Lyles said that based on the past election where this issue was on the ballot, the question was purely advisory and Council could have established a police department by now if it chose to. He asked what has changed and why now as opposed to back when the Council could have done it; maybe there is a perception that things are getting worse when they are in actuality not getting worse; perception could be driven by the fear that other people are living in the neighborhoods, the fear of encroachment of development, fact that there are more commercial enterprises in the City than 10 years ago. Mr. Lyles added that for 8 million dollars a year Old Town Bowie or West Bowie Village could be rebuilt, streetlights and/or sidewalks could be placed where there aren’t any now; citizens should think about how their money is used to make it’s community safer. Mr. Lyles also said the use of police officers should be looked at to get at the source of how police are managed today.

Mayor Robinson said the focus is not to determine or decide whether a police department is going to be built or not; the question is whether the City is going to move forward with the discussion, with the assessment, with the analysis and, ultimately, put the question to the voters. He said from what he has heard from the Council and public reports he has received, there is a perception in some parts of the community that reports of crime and reduced presence of police is an area of discussion and concern; the one message that has been clear with all the discussions with the County Police is that their orientation is now and will be service to the County as their priority; the bottom line is that if the Council does not establish a need, then the cost is not relevant; the goal for the Council is to prepare a clear sense of what the options and alternatives are during this process, to clearly identify the costs, to look at issues such as Tax Differential and to make sure that everyone understands what the dimensions of that process are, to develop a process that if an informed voter that votes in the affirmative, that certain things would occur; felt it was wrong not to go forward with some sort of advisory question to seek the advice and guidance of the community and the taxpayers.

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

Mayor Pro Tem Jenkins moved that the November 8, 2005 ballot contain an advisory question concerning the establishment of a City of Bowie Police Department. Councilman Brady seconded the motion and it carried with a vote of 4-3 (Booker Jones, Lyles, Aleshire).

Mayor Pro Tem Jenkins then moved to request staff to prepare a first draft of such a question for Council’s review. Councilman Brady seconded the motion and the motion carried with a vote of 4-1-2 (Robinson, Jenkins, Brady, Kroemer - yea; Aleshire - nay, Booker Jones and Lyles - abstain).

Councilman Kroemer moved that along with a draft advisory question staff provide a proposed mechanism by which the citizens will be informed of this issue. Mayor Pro Tem Jenkins seconded the motion.

Councilwoman Booker Jones asked whether or not the information that will be provided to the residents as a follow up will include the proposed tax increase as a result of the proposed police force; and will there be an opportunity to provide a town meeting at which residents can obtain further clarification regarding the Tax Differential. Councilmembers Kroemer and Jenkins concurred.

Councilman Lyles asked does the maker and seconder of the motion intend in the direction given to staff to send out a document to every resident. Councilman Kroemer said that the plan would be brought to Council and after discussion, Council would move forward. The motion carried unanimously.

ADJOURNMENT:

Mayor Pro Tem Jenkins moved that the meeting be adjourned into Executive Session for the purpose of discussing a legal matter with Counsel. Councilman Brady seconded the motion and it carried unanimously. The meeting was adjourned at 10:00 p.m.

Respectfully submitted,

Pamela A. Fleming, CMC
City Clerk