REGULAR CITY COUNCIL MEETING
MONDAY, NOVEMBER 21, 2005

CALL MEETING TO ORDER:

The Regular Meeting of the Bowie City Council was held on Monday, November 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 Brady, Councilmembers Conroy, Jenkins, Kroemer Lyles, and Turner; 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. Ruth Anne Snyder, 1707 Pittsfield Lane, spoke about Pointer Ridge Shopping Center the incident that recently occurred. She asked that each member of the Council visit each store at the Center to see for themselves what is going on; lighting needs to be improved immediately as one solution.

B. Mr. David Carlson, owner of Pointer Ridge Liquors, also spoke about the incidences at Pointer Ridge Shopping Center and noted he had been the victim of 2 armed robberies in the past three weeks, and 3 breaking-in and entering in the last three months. He said he hoped that there is some way to cut off some of the problems such as loitering and unlawful assembly; small businesses cannot afford security and hoped the City can assist the shop owners.

C. Ms. Donna Reindorf, owner of the seafood restaurant at Pointer Ridge Shopping Center, also spoke about Pointer Ridge Shopping Center and noted that many incidents had occurred over the last two months; have experienced 2 break-ins in a four week period and neighboring shop owners have also experienced break-ins; all of the incidents have occurred within the past 2 ½ months. She said they have notified the owner of the shopping center of their security concerns to no avail.

In response to Ms. Snyder and Ms. Reindorf, City Manager Deutsch, reported that the City is aware of the concern of the merchants; the City has sent a letter to the shopping center owner requesting improved security and lighting; a letter has also been sent to Prince George’s County Police District II Commander asking for details of plans concerning this area; the City Public Safety Officer met with Major Blow and City Contract Officers have been assigned to be at the shopping center on a daily basis. He added that the County Police have offered a security survey to each merchant.

D. Ms. Debbie Sell, 2705 Birdseye Lane, spoke about education and asked that the Council support those who are actively seeking to have the Legislature give back an elected Board of Education.

E. Mr. Charles Burton, 12410 Canfield Lane, spoke about better public safety for Prince George’s County and the City of Bowie. He also spoke about staffing of the fire stations and the need for additional paid staff per shift to staff the stations in the years ahead.

COUNCIL ANNOUNCEMENTS:

Mayor Robinson welcomed recently elected Councilmembers Conroy and Turner.

CITY MANAGER’S REPORT:

City Manager Deutsch reported: 1) The leaf collection program is well under way in the City; the program will continue through the 21st of December and schedules are available on the City’s web site, Character Generator on the City cable, and printed in the recent issue of the City newsletter, as well as the local newspapers. 2) There will no recycling or refuse collection on Thanksgiving Day or the day after.

CONSENT AGENDA:

A. Mayor Pro Tem Brady moved approval of Consent Agenda Item : A) Approval of Resolution R-79-05, Adopting the Amending By-Laws of the Intergovernmental Community Coordinating Committee (I-Net Committee). Councilman Jenkins seconded the motion and it carried unanimously.

OLD BUSINESS:

A. Resolution R-61-05 - Enlarging the Corporate Boundaries of the City of Bowie By Annexing Certain Residential Property and a Portion of the W.B.&A. Trail Parcel, Contiguous and Adjoining to the City’s Existing Corporate Boundaries, Known as the Colt Neck Subdivision, Consisting of Approximately 54.381 Acres of Land Located on the South Side of Race Track Road at Its Intersection With Jericho Park Road Into the Corporate Limits of the City of Bowie - City Manager Deutsch summarized the resolution and reported that the property is the subject of a planned downzoning of a drastically reduced density under the pending Master Plan; the result of that reduction in zoning density to Open Space which yields one lot per 5 acres, is that this property is expected to have approximately 9 homes built on it; a description of City services and a cost analysis is included in the staff report; there are no enclaves so is in total compliance with State law.

Public Hearing:

Mr. Chris Buss, 12400 Millstream Drive, representing Berwyn Rod and Gun Club, said the Club property is adjacent to the proposed development and desires that the property remain Open Space and opposes the annexation.

Following questions from Council, Councilman Kroemer moved to approve R-61-05. Mayor Pro Tem Brady seconded the motion.

Councilman Turner then moved to table R-61-05. Councilman Lyles seconded the motion, however, the motion failed 3-4 (Robinson, Brady, Jenkins, and Kroemer). The motion to approve carried with a vote of 4-3 (Conroy, Lyles, Turner).

B. Maryland Route 450 Design Plan - Mr. Joe Meinert, City Planning staff, summarized the staff report dated November 17, 2005, a copy of which is on file at City Hall. He noted that a public hearing had been conducted on June 20, 2005, and Council voted to table action on the proposed plan until such time as the Maryland State Highway Administration (SHA) provided additional information regarding various access alternatives to the Bowie Forest subdivision and Hilltop Plaza Shopping Center; since that time SHA has worked to develop several alternatives which will be presented this evening. Mr. Meinert reported that the staff report covers several aspects of the Plan and supports the third option which is the limited median break option; with respect to the Hilltop Plaza access situation, staff is recommending that the request from the Center owner to leave the access as it is currently configured would not be prudent; staff is recommending Council support of the access recommended by SHA. He also said staff recommends that Council direct staff to continue discussions with SHA with regard to underground utility lines; staff is further recommending a number of changes to the conditions and recommendations; SHA has addressed a total of 33 of the 40 staff recommendations and conditions, the only remaining items are identified on Page 5 of the staff report dealing with access consolidation, treatment of the intersections within the project, noise walls, and elimination of the right-turn on red situation on westbound Rte. 450 at Race Track Road. Mr. Meinert further reported that staff is further recommending Council continue with an access consolidation strategy in this project and SHA can identify locations were this could occur by combining driveways on some of the properties; with respect to pedestrian phases of traffic signals, the original recommendation was that there be an all-way-stop phase so that the pedestrians could cross with any vehicle movements, however, SHA conducted a pedestrian count and feels that this exclusive phase would not be warranted; staff concurs with this finding. He said there were recommendations in the original staff report regarding mid-block crosswalks, one that would connect between Market Place and Free State Shopping Center, as well as one connecting between the Bowie Forest development and the Hilltop Plaza Shopping Center; the data provided by SHA indicates a very low pedestrian volumes within these sections, therefore the mid-walk crosswalks are not warranted; staff concurs. He added that with regard to noise walls being examined in front of the Bowie Forest townhouse community, SHA has studied noise walls in depth and has determined that the prerequisites for noise wall construction are not met in this situation; in addition, the Bowie Forest HOA voted that the community was not interested in noise walls in front of their subdivision because of perceived issues regarding maintenance and vandalism. Mr. Meinert said the final item relates to a recommendation about the Race Track Road intersection and staff indicated in the original report that during the review of the Cornerstone Assembly of God Church site plan, there was a major issue with respect to traffic conditions on Race Track Road; one of the items identified at that time was that the free right-turn movement from eastbound Rte. 450 onto northbound Race Track Road resulted in an uninterrupted flow of traffic at many hours, including peak hours; this created an unacceptable situation for residents along Race Track Road where they could not get out of their subdivisions on either side of the road; this led to the Council decision to partner with the County to fund a dual traffic signal system at the intersection of Marquette Lane and Race Track Road and Idlewild Drive and Race Track Road; the City is participating in the funding of this signal; the issue still exists even if the traffic signal is in place because the traffic signal is going to allow the traffic to exit the subdivision, but does not address the uninterrupted traffic moving down Race Track Road when there are no cars coming out of the 2 subdivisions on either side of the road; staff feels that to address this issue, the plan should have an exclusive signal phase for traffic that wants to turn from westbound Rte. 450 onto northbound Race Track Road. Mr. Meinert concluded by saying staff recommends sending a letter of support to SHA in support of the project.

Mr. Paul Upton, with the consulting firm of Wilson T. Ballard Company, provided an overview of the project. He reviewed the alignment, displayed on a drawing, at the Fire Department entrance, Superior Lane, the businesses along the roadway, Scarlet Oak Terrace, Race Track Road, entrances to the funeral home and churches, and Public Works Road. Mr. Upton then reviewed several alternatives for the entrance/exit at Scarlet Oak Terrace.

Mr. Ken Briggs, Chief of Highway Design Division, SHA, said that SHA’s goal in this project is safety for all the users of the roadway, including pedestrians, cyclists and motorists. He said they are looking at trying to consolidate some of the multiple access points for the businesses and working with them to reduce of the access points.

Public Hearing:

A. Ms. Dale Lunn, 3221 Scarlet Oak Terrace, said that the majority of the community of Bowie Forest has no problem making a left-hand turn onto Rte. 450 and the Homeowner’s Association does not want a service road.

B. Mr. Bruce Levine, representing Hilltop Shopping Center, spoke about the access via the service road at the rear of the shopping center; asked that the City consider a break in the median on Rte. 450 for the eastbound truck traffic to get into the service drive.

C. Mr. John Bolling, traffic engineer, said he has been working with Mr. Levine to look at alternatives for Race Track Road to have proper movements for ingress and egress for the shopping center; with regard to truck traffic, they are looking at the break in the median for service entry only.

D. Ms. Chris Hedman, 13404 Overbrook Lane, noted that as a resident of the Overbrook Section, she uses Race Track Road quite a lot. She said the intersection at Race Track Road and Rte. 450 and how it will impact the shopping center needs to be resolved. She felt that the rear entrance should be improved to improve the circulation for the entire site;

Following questions from Councilmembers, Councilman Jenkins moved to accept the staff recommendation with the proviso for access consolidation, the removal of the Right Turn on Red permission for westbound traffic at MD 450/Race Track Road, and the Bowie Forest access option which accommodates left-turns into and out of the Bowie Forest community by providing a chanelized median at Scarlet Oak Terrace. Councilman Lyles seconded the motion.

Following discussion regarding the pedestrian bridge over Rte. 450, Councilman Jenkins amended his motion to add the project of the pedestrian walkway between Market Place and the Free State Shopping Center depending on the prospective development of the two properties. Councilman Brady seconded the motion. Councilman Lyles withdrew his second and said he did not feel the walkway across Rte. 450 was a bad idea; felt the residential and commerecial is all about streetscapes with a crosswalk across the main street which is supposed to be an urban, mixed use, streetscape mixed with commercial and residential.

The motion as amended carried unanimously.

NEW BUSINESS:

A. Police Department Decision - City Manager Deutsch summarized the staff report dated November 16, 2005, a copy of which is on file at City Hall. He said the advisory question on the November 8th ballot garnered a 77% favorable answer from the voters regarding the question of whether the City should establish a local police department; since the question was advisory, if Council intends to move the decision forward, a formal action is needed. He suggested that Council direct staff to initiate the implementation of a local police department; staff would prepare a master timetable that would be brought back to Council; then, Council would authorize staff to proceed with obtaining the services of an executive recruitment firm to assist in the hiring of a police chief.

Public Hearing:

A. Mr. Charles Burton, 12410 Canfield Chase, said he was under the impression that voters would be looking at the question to give the Council permission to look more in depth and get figures on costs; there are many questions and he is in favor of Council looking into the formation of a police department, but is not ready for a total commitment.

B. Mr. Sheldon Chesis, 12010 Marvel Lane, emphasized the importance of a unanimous Council decision for a police force with immediate implementation; he requested a clarification of the City’s relationship with the County.

Councilman Turner said there was a need for a master implementation plan before recruiting a police chief.

Councilman Lyles said he agreed; it was his understanding there is no money budgeted; recruitment is outside the budget and would looking at the numbers in depth to determine exactly where the money is coming from.

Councilman Kroemer said he has been involved for a number of years in executive searches; an executive search would not be held up because there is no strategic plan; a strategic plan runs by itself. He said there is no implementation and does not understand the chronological order whereby an executive search cannot be started before a master implementation plan is completed.

Mayor Pro Tem Brady spoke about voter turn out and the percentage voting for the police department; felt that the majority of City residents do support the police department and he is comfortable with the result of the advisory question and moving forward; the question wasn’t to get permission to get another study, or to get more numbers and then go back to the public in another election cycle, but rather it was to move forward. Mr. Brady said it was logical that the first action was to bring someone on board, i.e. the hiring of the police chief, and use that expertise to work with staff to bring about the police department.

Councilman Conroy asked staff, as this project goes forward, to use some public input; also asked if it would be prudent to hire additional staff for the Personnel Department since that department will experience increased workload. Mr. Deutsch replied that in the anticipated cost of the police department, staff included additional staffing in the Personnel, Information Technology and Public Works Departments as part of ancillary costs.

Councilman Turner asked if the City was going to consult with anyone else. City Manager Deutsch replied that staff may need to recommend some consulting assistance and may be coming to Council with a recommendation with broad-range consulting assistance.

Mayor Robinson said he was clear on the voter’s choice and moving forward with a master implementation plan is logical and rational and preparation to bring a chief executive on board is critical to that plan.

Councilman Jenkins asked how long does staff anticipate the search and selection process will take for a police chief. City Manager Deutsch replied someone could be on board by springtime; given the expectation that this position will be attractive to a large number of applications, locally, regionally, and nationally, one of the advantages of having a recruitment firm is to help with the recruitment volume. Mr. Jenkins then asked where would the funds come from for any expenditure towards any activities between July and the beginning of the new fiscal year. Mr. Deutsch said staff expects to come before Council with a recommendation in January for an additional appropriation as anticipated in discussions last spring. Mr. Jenkins added that this is going to be the largest project that the City has ever undertaken; to proceed on a linear fashion to make decisions is out of the question as far as a time consuming, awkward process; need to have parallel processes underway if this particular objective is to be achieved. He urged Council to move ahead with an affirmative vote on initiating the implementation process as well as the second question of the recruitment process.

Mayor Pro Tem Brady moved that staff be directed to initiate the implementation of the local police department for Bowie and direct staff to prepare a master plan of implementation; as part of this, begin discussions with the County on an MOU detailing the relationship between the County and the City during the transition period. Councilman Jenkins seconded the motion and it carried unanimously.

Mayor Pro Tem Brady then moved to direct staff to begin the pursuit of hiring an executive recruitment firm in order to begin the process of recruitment of a police chief. Councilman Jenkins seconded the motion and it carried unanimously.

B. Preliminary Plan #4-05081 - The Preserve at Woodmore Estates - Mr. Frank Stevens, City Planning staff, summarized the staff report dated November 15, 2005, a copy of which is on file at City Hall. He presented his report with the aid of a Pointer Point presentation. He reported that the property is an 18.44-acre site located on the north side of Mt. Oak Road less than ½ mile from the Church Road intersection and is in the R-E zone. Mr. Stevens reported that the Bowie Advisory Planning Board conducted a hearing on this case and voted unanimously to approve the Preliminary Subdivision. He said that Prince George’s County has exempted the site from Woodland Conservation Ordinance since there is no forest on the site; the County Department of Environmental Protection has approved the Stormwater Management Concept Plan which is valid for 3 years; water and sewer category requirement is for Category 4 and this property is in that category; a school surcharge is being assessed at the time of building permits in accordance with the fee established; the applicant is proffering a 1.29 acre area across the frontage of the property for future roadway alignment of Mt. Oak Road which is in the County CIP Program. Mr. Stevens then gave a brief history of satisfying APF criteria as they relate to police and fire; CB-89, adopted in 2004, required that police and fire chiefs certify the authorized strength of their respective forces and adequacy of equipment, and established maximum response times for engine and advanced life support; Council supported the legislation; the legislation was followed by a public safety surcharge and the framework was established by the State Legislature and authorized the County Council to impose a public safety surcharge of $6,000 per unit, and established the maximum 7-minute travel time; two additional bills were prepared requiring the payment of a surcharge for police and fire services at the time of the grading permit, and requiring a statement of authorized strength of sworn police officers by the County Police Chief and set up certain percentages for the Police Force by the end of 2004, 2005 and 2006; the latter bill also required a statement of authorized strength of fire and rescue personnel using percentages established for the end of 2004 and 2005 and a maximum 7-minute travel time for engine and basic life support. Mr. Stevens further summarized a County Resolution approving the maximum response time and the percentage of authorized police and emergency personnel, which became effective November 1 and is being used by the County Planning Board in deciding Preliminary Subdivision plans. He noted that the Police Chief has stated that at the end of last year the police force is at the required percentage level that is required by the State and County legislation; the Fire Chief has stated that they are in the required percentage required by the County legislation and this site is within the maximum 7-minute travel time imposed by the State and County legislation. Mr. Stevens concluded by saying that staff is recommending approval of the Subdivision plan with the conditions cited on Pages 8 and 9 of the staff report.

Mr. Larry Taub, attorney for the applicant, said they concur with the staff recommendation including all the conditions.

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

Councilman Turner noted for the record that because of previous relationship with the application, he would recuse himself from voting on this project.

Councilman Kroemer asked several questions and spoke about adequate public facilities with regard to the subject property. He said he was not going to enable behavior that is going to continue to allow development that impacts the educational system where it is already over 100% capacity, and would vote against the project.

Councilman Jenkins commented on Councilman Kroemer’s statement and in response to a question, City Manager Deutsch said Council has dealt with the issue for many years; one of the ways Council has tried to resolve it from the prospective of subdivisions that appear to meet County regulations, is to vote for approval with various conditions and then send a separate letter to the County expressing the Council’s concerns with regard to school capacity. Mr. Jenkins then said if the Council votes disapproval of every proposal that is before them, and at the same time forfeit the ability to have conditions on developments as they go forward to the County level, there is a moral victory but a practical failure in being able to influence development.

Councilman Lyles moved to accept the staff recommendation for approval with conditions as listed in the staff report. Mayor Pro Tem Brady seconded the motion.

Councilman Jenkins asked if the motion included the letter to the Council regarding the City’s concerns about school capacity. Mr. Lyles said it did and the motion carried with a vote of 5-1-1 (Kroemer - nay; Turner - abstain).

ADJOURNMENT:

Mayor Pro Tem Brady moved to adjourn the meeting. Councilman Jenkins seconded the motion and it carried unanimously. The meeting was adjourned at 11:00 p.m.

Respectfully submitted,

Pamela A. Fleming, CMC, City Clerk