REGULAR CITY COUNCIL MEETING
MONDAY, JUNE 6, 2005

CALL MEETING TO ORDER:

The Regular Meeting of the Bowie City Council was held on Monday, June 6, 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 Robert 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.

AGENDA AMENDMENTS/ADDITIONS/DELETIONS:

Councilman Kroemer requested that the Zug Road Industrial Zoning issue be added under New Business. Council concurred.

CITIZEN PARTICIPATION:

A. Mr. Eugene Kiley, 3621 Melfa Lane, spoke about improvements to the Bowie Golf Course.

B. Mr. Charles Burton, 12410 Canfield Lane, asked for an update of the police staffing issue.

PRESENTATIONS:

A. Mayor Pro Tem Jenkins read and moved approval of a Proclamation to be presented to Mary Nusser of BRAVA and Rabbi Steve Weisman of Temple Solel who helped the community raise $46,478.84 for Tsunami Relief. Councilman Brady seconded the motion and it carried unanimously.

Mayor Robinson read and moved approval of a Proclamation to be presented to Cathy Woods, Citizens National Bank, Market Place Branch, for her efforts in the Tsunami Relief fundraising.

CITY BOARDS AND COMMITTEES:

A. Mayor Pro Tem Jenkins moved the appointment of Brendan Bohan as Chairman of the Board of Elections. Councilman Aleshire seconded the motion and it carried unanimously.

COUNCIL ANNOUNCEMENTS:

Mayor Robinson announced that as a result of a meeting he attended with the County Director of Public Safety, the Fire Chief, County Councilman Doug Peters, BVFD Chief Pete Mellits the County has committed to an additional four around-the-clock paid staff at Station 39.

CITY MANAGER’S REPORT:

City Manager Deutsch reported on the following items: 1) A notebook which contains all of the material from the last six months regarding the proposed police department issue was given to Council; there will be additional material available over the next six months. Additional packets are available to the public. 2) A meeting has been scheduled on June 22 with the Washington Gas Company to discuss its progress regarding the issue of gas leaks in the community. 3) A resident has requested a change to the City Code regarding the maximum size of storage sheds on residential properties; the resident is also seeking to change the code which prohibits roll-up doors on accessory structures; staff is recommending to retain the current policy; staff is concerned that a situation may be caused whereby neighbors would be concerned about the size of these structures, which would essentially on the edge of their properties.

Mayor Pro Tem Jenkins moved to add this issue to a worksession agenda. Councilman Brady seconded the motion and it carried unanimously.

CONSENT AGENDA:

Mayor Pro Tem Jenkins moved the approval of Items A. Approval of Resolution R-26-05, Engaging a Certified Public Accountant for the 2004-2005 Annual Audit; B. Introduction of Resolution R-31-05, Enlarging the Corporate Boundaries of the City of Bowie By Annexing Certain Residential Property and a Portion of the WB & A Trail Parcel, Contiguous and Adjoining to the City’s Existing Corporate Boundaries, Known as the Colt’s Neck Subdivision, Consisting of Approximately 53.162 Acres of Land Located on the South Side of Race Track Road, at Its Intersection With Jericho Park Road; C. Approval of Resolution R-34-05, Accepting Bid for the Purchase of Four (4) Refuse Trucks; D. Approval of Resolution R-36-05, Accepting Bid Proposal for Street and Storm Drain Improvements on Myrtle Avenue in the Huntington Section; E. Approval of Resolution R-37-05, Accepting Bid Proposal for Street and Storm Drain Improvements on Brady Avenue in the Huntington Section; and F. Approval of Resolution R-38-05, Accepting Bid Proposal for Street and Storm Drain Improvements on Elm Avenue and 10th Street in the Huntington Section. Councilman Brady seconded the motion and it carried unanimously.

NEW BUSINESS:

A. Diversity Committee Presentation of Hate Crimes and Bias Incident Policy - Mr. Todd Turner, Co-Chair of the Diversity Committee, gave an overview of the policy and a brief history of the committee. He said four sub-committees have been established which address different missions and goals: 1) hate and bias incidents within the City; 2) events celebrating diversity; 3) educate and outreach; 4) contracting and hiring to review the City’s procedures. Mr. Turner also reviewed other events and plans the committee has been working on over the last six months. He added that one of the main goals of the committee was to recommend a policy to use when hate crimes and bias incidents occur within the City limits; the committee has consulted with state, county and national organizations on what they do to eliminate bias and hate crimes, and have reached out to the State Police, the NAACP, the Department of Justice, the Southern Poverty Law Center, the Anti-Defamation League, as well as Prince George’s County. Mr. Turner said that the report states that the Diversity Committee is recommending that the Council adopt a zero-tolerance statement to read: “The City of Bowie supports a zero-tolerance policy for those who commit acts based on hate, prejudice and bias and will seek full justice and prosecution, under state and federal law, for those involved in such crimes, to the extent permissible by law.” He added that in addition to those hate crimes addressed by state law, the Committee recommends that the City Council publicly denounce incidents committed in the Bowie community which are motivated, in whole or in part, by the offender’s bias against an individual because of his age, disability or gender; response should be to each individual incident, a press release be issued requesting community assistance, and a reward of up to $2500 leading to the arrest and conviction of anybody who participates in these acts; partnering with other individuals or agencies to increase the reward. Mr. Turner reviewed several other recommendations proposed by the Committee. A copy of Mr. Turner’s report is on file at City Hall.

Public Hearing:

Rabbi Steve Weisman, Temple Solel, congratulated the Committee for their efforts and felt the document and policy presented are sound and, from experience, all too necessary. He said he hoped several areas regarding religious hate crimes be made clearer. He also said that schools need to be included as part of the solution to the problem.

Following discussion between the City Council and the Committee, Councilman Brady moved to endorse the concept of the contents of the policy and ask the Diversity Committee to update it regarding the issues raised by Rabbi Weisman on the issue of religion and partnership with schools; also clarify the issue regarding the establishment of procedures for the Police Department to notify the City Manager when an incident occurs; on the issue of the City boundaries, the City does not have jurisdiction outside the City limits, but the City can be supportive and refer people who bring incidents to the City’s attention to the appropriate County agency, give them the brochure and other information. Mayor Pro Tem Jenkins seconded the motion and it carried unanimously.

B. Preliminary Plan #4-04175 - Rodenhauser Property - Mr. Frank Stevens, City Planning staff, summarized the staff report dated July 1, 2005, a copy of which is on file at City Hall. He reported that this is a 60-acre site located between Route 50 and Dunwood Valley Drive; under the requirements of the Zoning Ordinance, 3 criteria are needed to be satisfied before a Preliminary Plan can be granted: 1) Adequate Public Facilities exist or are programmed for the area where the subdivision is located; 2) the subdivision is designed in accordance with provisions for a Woodland Conservation and Tree Plan; and 3) submission and approval of a Stormwater Concept Management Plan. With regard to Adequate Public Facilities, staff has found that the water and sewer facilities criterion has been satisfied; Police services - since police response times are not met for non-emergency and emergency police calls, this criterion is not met; Traffic impacts - a traffic analysis was done for the project which recommended that a pro rata contribution for improvements to the Church Road/Mount Oak Road/Woodmore Road intersection be made; a task force is looking at the Church Road corridor, and design plans for this intersection are underway, therefore with a payment of the fee to the County, this criterion will be satisfied. Mr. Stevens said staff has spoken to the County with regard to Stormwater Management and DER approval is pending; DER reports that the design is feasible so this criterion is met; with respect to Woodland Conservation, some of the tree mitigation requirements are being met on site, but there is a 11-acre shortfall and the applicant is proposing to meet the shortfall with off-site mitigation. Mr. Stevens then reported there are 62 lots proposed using the lot sized average technique and one lot for a proposed sewage pumping station. He said that staff agrees with the application of the LSA, however, staff is recommending that the rear lot widths of the lots that abut the Collingbrook Subdivision and the property to the west, that there be a range of 170 feet to 200 feet; staff is recommending that the cul-de-sac in the eastern portion of the property be removed from the Primary Management Area to minimize the environmental impacts on the site; also recommending that 2 access points be provided from this subdivision to the former PT-1 right-of-way; and recommending a wildlife management plan be implemented and to better direct the exit opportunities of wildlife, fencing, similar to slit fencing, should be installed across the entire frontage of the subject property to potentially restrict wildlife from crossing Church Road. Mr. Stevens concluded by saying staff is recommending disapproval of the application because of CB-89 and the response time required by this legislation are not met for police, ambulance and fire; however, if the application moves forward as a result of subsequent legislation replacing CB-89, staff has listed conditions 1-6 on Page 9 which would make the plan approvable.

Mr. Stevens then gave the Bowie Advisory Planning Board report and said the hearing was held on May 24, 2005; only 4 members were present so the Board could only achieve consensus; the consensus was a vote of 2-0 and 2 abstentions in favor of the staff recommendation.

Mr. Mike Nagy, attorney for the applicant, said that they realize the Council must recommend disapproval, but asks that if the impasse that was created by CB-89 is solved at the County level, the Council would approve this plan with the conditions set forth by staff. He referred to Condition 4 regarding Street D being reduced and removed from the PMA, and said they would make every effort to do this, however, there are 3 to 4 lots that would be impacted by shortening Street D. He asked that if the street can be shortened that the Council consider the option of using flag lots to get back to the corner.

Public Hearing:

Mr. Charles Burton, 12410 Canfield Lane, spoke about response times for ambulances and fire trucks and said the times that were provided by the Park and Planning Commission need to be checked. He also spoke about staffing and felt the standards are not being met.

Following discussion, Councilwoman Booker Jones moved that because the proposed development does not meet all of the Adequate Public Facilities criteria established under CB-80-2004 for approval of a Preliminary Subdivision Plan, to accept staff recommendation to disapprove Preliminary Plan #4-14175. Mayor Pro Tem Jenkins seconded the motion and the motion carried unanimously.

C. Police Advisory Question - City Manager Deutsch reported that there are two parts to this item: proposed language for the ballot and community education. He said staff has proposed language, which will work in tandem with community education. He said the language proposed reads: “Should the City Council initiate a local police department with a net annual approximate cost of $138 for a home assessed at $300,000?”

Councilwoman Booker Jones said she wanted the numbers for the assessed value of home to reflect what individuals would have to pay, i.e. the worst case scenario. Mr. Deutsch responded that the number reflected in the proposed language is a net figure; City taxes will go up, County taxes will go down, and people want to know what is the net impact. Ms. Booker Jones said she was also interested in knowing what percentage of the County policing would the City rely on as a City. Mr. Deutsch replied that it would take time for the City to get to a full level police department so the City would depend on some level of policing services from the County.

Mayor Pro Tem Jenkins said he was comfortable with the net approach. He asked when would the cost start since it would take 2-3 years for the police department to get up and running. Mr. Deutsch replied that if the response to the ballot is affirmative, and Council decides to move forward, staff will suggest that a special appropriation from the reserve funds occur in FY ’06 to begin start up; in each of the following four to five years, the budget and tax rate would be affected by the start-up.

Councilman Kroemer suggested using the word “establish” in place of “initiate” in the proposed language. He also suggested different wording with regard to the net cost. Mr. Deutsch replied that staff thought it best to give some guidance so that at first glance the resident didn’t have to do a mathematical calculation. Mr. Kroemer than added that when education is provided, the difference between assessed value and market value be made clear.

Councilman Lyles asked if staff has considered not putting anything referencing a tax differential or cost in the question. Mr. Deutsch replied that staff had thought about this, but the reason this language was offered is essentially following the precedent Council established in the two most recent advisory questions on large expenditures: 2000 referendum on a swimming pool and the 1996 police department question, both of which followed this format; staff felt Council would want to continue with that format.

Councilman Brady asked if the City has the information or statistics on the assessed valuation of houses in the City. Mr. Deutsch said the City has access to County and State data; the $300,000 was selected by looking at recent months’ reports of transfer of properties, which listed the values of those properties. Mr. Brady suggested changing the language of the ballot question to: “Should the Mayor and Council establish a Bowie City Police Department with a net annual cost of approximately $46 per $100,000 of assessed value?”

Mayor Pro Tem Jenkins spoke about the cost factor and said he felt it was unwise to not include the cost factor in the question; also felt the question should refer to the City of Bowie rather than the City Council establishing the police department.

Councilwoman Booker Jones asked if the residents will be given the opportunity to look at the alternatives during the public forums, and if so, what alternatives would be presented. Mr. Deutsch said that residents would be told that the question on the ballot is the creation of a police department, that alternatives were reviewed thoroughly by the Council, that other alternatives did not seem reasonable given the potential benefits, availability and costs thereof. Mr. Deutsch spoke about the question of raising the number of contract police officers over a multi-year period and said the response from the Police Chief was that he could not commit to any expansion in the foreseeable future. He responded to further questions from Councilwoman Booker Jones regarding recruitment and said the number one goal would be quality and not the speed of recruitment.

Councilman Aleshire said that he would not support a ballot question at this time; the educational forum should be done first. He felt that the Prince George’s County Police Department was doing its job.

Public Hearing:

1. Mr. Todd Turner, 3507 Evans Mill Ct., spoke about the language of the ballot question, the cost figures, and the public forums. A copy of Mr. Turner’s statement is attached.

2. Mr. Bill Britton, 12410 Canfield Lane, spoke about chronic criminals and asked what were the residents of the City going to get for their money. He also spoke about other municipalities with a police force, which still have crime problems.

Mayor Pro Tem Jenkins said that before he made the motion he wanted to preserve the record and respect the positions of Councilmembers Aleshire, Lyles and Booker Jones who did not support the question being on the ballot; however, the Council has voted that the question will be on the ballot so the question before Council this evening is how the question is worded; by wording the question he or any member of the Council should not be interpreted as endorsing a “yes” or “no” vote on the issue, but simply providing a choice to the Bowie voter. Mr. Jenkins said that within that context, he recommended the following wording for the motion: “Should the City of Bowie establish a local police department with a net approximate annual cost of $46 per $100,000 assessed home value”. Councilman Brady seconded the motion and the motion carried 5-2 (Aleshire, Lyles).

D. Zug Road Rezoning Issue - Councilman Kroemer reported that as a result of input from residents, information has been received that several business are not in compliance with the County permitting process and not operating legally. He said that when the draft Master Plan was reviewed, information was presented on the potential to have a District Overlay Zone in the Huntington area; felt it was important the City’s position should be reconsidered regarding the I-1 zone in the Zug Road area. He suggested that a public hearing be held as soon as possible where the pros and cons would of recommending to the County Council that there is a I-1 zone under the proposed DDOZ as opposed to the I-1 zone under the current zoning be reviewed. Mr. Kroemer moved the direct staff to schedule a public hearing. Councilman Aleshire seconded the motion and it carried unanimously.

COUNCIL COMMENTS:

Councilwoman Booker Jones spoke about the establishment of a new nepotism policy and requested consensus that the policy be amended. Mr. Deutsch asked for 60 days to prepare the amendment. Council concurred with the request.

ADJOURNMENT:

Mayor Pro Tem Jenkins moved to adjourn the meeting into Executive Session for the purpose of discussing legal and personnel matters. Councilman Brady seconded the motion and it carried unanimously. The meeting was adjourned at 11:20 p.m.

Respectfully submitted,

Pamela A. Fleming, CMC
City Clerk