REGULAR CITY COUNCIL MEETING
MONDAY, APRIL 17, 2006

CALL MEETING TO ORDER:

The Regular Meeting of the Bowie City Council was held on Monday, April 17, 2006 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 Brady, Conroy, Jenkins, Kroemer, Lyles and Turner; City Manager Deutsch, Assistant 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. Nancy Wzodarski, representing the National MS Society, spoke about the MS Walk recently held in Bowie and reported that there was an increase in participation of 73% in 2006. She said the success was due to the participation of the City of Bowie and Alan Creveling who designed the route. She thanked the City for their continued support and presented a plaque acknowledging the City’s efforts in the fight against Multiple Sclerosis.

B. Ms. Kelly Pierce, Executive Director of the Greater Bowie Chamber of Commerce, spoke regarding Resolution R-22-06, which is on the agenda this evening. She submitted a letter into the record, a copy of which is attached.

PRESENTATIONS:

Teacher of the Month - Ms. Joyce Halper, Bowie Education Committee, acknowledged the Washington Savings Bank for contributing the savings bonds, Main Street Caterers for providing lunch for the honorees, and Chick-Fil-A for providing meal coupons. She announced that Robert Watson of Kenilworth Elementary School was the Teacher of the Month for April and had served that school as a 4th Grade teacher for 8 years. Mayor Robinson presented a Certificate of Recognition and congratulated Mr. Watson on behalf of the Council.

CITY BOARDS AND COMMITTEES:

A. Councilman Kroemer moved the appointment of Amy Bodolay as a Member of the Education Committee. Councilman Jenkins seconded the motion and it carried unanimously.

Mayor Robinson swore Ms. Bodolay into office in accordance with Sec. 92A of the City Charter.

CITY MANAGER’S REPORT:

City Manager Deutsch reported on the following items: 1) Bids were opened for the consultant study for a new city hall and space needed for the police facility; 5 architectural firms responded; staff will analyze and will have a recommendation for award on an agenda in May. 2) The police chief selection process is moving forward; the initial group is now down to approximately 12-15; staff will be working with the consultant over the next couple of weeks to pare that group down to determine those that will be interviewed; hopes to have a Chief of Police on board in June.

CONSENT AGENDA:

A. Mayor Pro Tem Brady moved to approve Consent Agenda Items A. Approval of Minutes of March 20, 2006 Council Meeting; B. Approval of Proclamation P-6-06, Proclaiming the Month of May 2006 as “Poppy Month” in Bowie; C. Approval of Proclamation P-7-06, Congratulating the South Bowie Boys and Girls Club U8 Boys Sharks Soccer Team for Their Outstanding Season; and D. Approval of Resolution R-16-06, Accepting Bid for the Printing of the City Newsletter. Councilman Jenkins seconded the motion and it carried unanimously.

OLD BUSINESS:

A. Ordinance O-5-06 - Approving and Adopting a Budget for the Fiscal Year Beginning July 1, 2006 and Ending June 30, 2007 - Since there were no persons signed up to speak, Mayor Robinson declared the public hearing to have been held.

B. Resolution R-20-06 - Adopting a Capital Improvement Program for Fiscal Years 2007-2012 - Since there were no persons signed up to speak, Mayor Robinson declared the public hearing to have been held.

C. Resolution R-9-06 - Enlarging the Corporate Boundaries of the City of Bowie by Annexing Land Contiguous and Adjoining to the Existing Corporate Area of the City of Bowie Residential Property Known as the Jones Property Consisting of Approximately 18.88 Acres of Land Located in the Northeast Quadrant of Hall Road and Pin Oak Parkway Near the Tall Oaks Crossing Subdivision and East of Church Road - City Manager Deutsch summarized the staff report dated March 7, 2006, a copy of which is on file at City Hall. He said the land is subdivided and the developer plans to build 29 homes; Council has approved an Annexation Agreement and annexation will occur prior to development so it will be built with City inspections. Mr. Deutsch said the standard documents are attached including the fiscal analysis that shows the net impact of revenues and expenditures anticipated from the additional units coming into the City; the development is expected to commence sometime within the next 3-4 months once the farming operation ceases.

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

Councilman Lyles moved approval of Resolution R-9-06. Mayor Pro Tem Brady seconded the motion and it carried with a vote of 6-1 (Jenkins).

NEW BUSINESS:

A. Resolution R-23-06 - Approving the Joint Use Agreement for the Bowie Center for the Performing Arts - City Manager Deutsch reported that the various signatories to this agreement have been working for a number of years to try to resolve an agreement regarding the use of the Center for the Performing Arts; there were some issues that were difficult to resolve; Council approved an earlier version one year ago as did the Maryland-National Capital Park and Planning Commission; the School Board had not signed that agreement. He said a series of negotiations began shortly after the New Year and Mayor Robinson and staff participated with representatives of the other bodies, as well as Senator Green and County Councilman Peters in a series of meetings trying to resolve the issues; the term of the agreement was a 99 year lease; the agreement now contains a 30 year term with two automatic 30 year renewals; the Governance Board is now a five member board and is comprised of two representatives of the Board of Education, a City representative, a Park and Planning representative and a member of the BRAVA organization. He said there is on the financial side, a specific cap on the City’s operating support at $80,000; there is also a cap on the School Board support of $400,000; there is 14 days of annual days provided for both the City and the Park and Planning Commission; the Board of Education reserves the majority of the time, particularly during the day, to use the facility as an adjunct to its program in the high school; the Governance Board will hire an executive director to manage the facility and that person will officially be a School Board employee working with the Governance Board. Mr. Deutsch summarized the contributions made by the City to date and said the City now is prepared to embark on an annual operating cost commitment; the money has been appropriated in each of the last three fiscal years in anticipation of this agreement being resolved earlier; there is a 10-year escape clause and a 10-year review period for more detailed analysis.

Public Hearing:

Mr. Richard Stein, 2712 Filbert Lane, spoke about signed agreement and reviewed some of the figures contained therein. He felt there should be a 5-year escape clause instead of 10 years.

Following discussion and questions from Council, Mayor Pro Tem Brady moved approval of Resolution R-23-06 and the attached the Joint Use Agreement. Councilman Jenkins seconded the motion and it carried with a vote of 6-1 (Conroy).

B. Resolution R-22-06 - Authorizing the City Manager to Enter Into a Non-Exclusive Franchise Agreement With Verizon Maryland, Inc. to Construct, Install, Maintain, Extend and Operate a Cable Television System Within the City of Bowie - City Manager Deutsch reported that the City has been working with the Verizon to facilitate competitive entry into the market to provide cable services in the community; the agreement is extremely complicated and is similar to the incumbent company’s agreement.

Mr. Tim Lay, consulting attorney for the City, gave a brief overview of the service to be provided by Verizon; the term is for 15 years, which is the same as Comcast; Verizon has the right to withdraw within 3 years only if they withdraw from the entire Washington, D.C. designated market area. He said the more important issue is the requirement that Verizon provide service throughout the City to all residents within 3 years of the effective date; service to City buildings and schools is free.

Mr. Lay was asked by about House Bill HR 3146 and what impact it would have on the City’s Agreement with Verizon should the Bill be passed by Congress. Mr. Lay replied that both Houses of Congress were considering legislation that would federalize the franchising process and that the City would be in the best position with regards to enforcing the agreement, if it were to pass the agreement prior to federal legislation being finalized.

Mr. Jason Groves, Verizon, reported that Bowie would be the first municipality in Maryland, along with Howard County, to receive Verizon service. He displayed a video presentation.

Verizon representative Richard Beville was asked about Verizon’s lobbying efforts at the national level. He specifically asked that if Verizon’s lobbying efforts proved successful, and should the City Council approve the agreement before them, what would Verizon consider to be the trumping document. Mr. Beville replied that there is a clause in the agreement that is basically a grandfather clause, which states that to the extent permitted by law, our agreement would stand over the term of the franchise regardless of what happens at the federal or state level. Mr. Beville was then asked if that meant that by joint signature Verizon agrees that the franchise agreement approved here tonight would supersede any change in national legislation. Mr. Beville replied, “That is correct”. He then quoted the section of the agreement, (Section 14.4.2) for anyone interested in checking it.

Mr. Lynwood Evans, Comcast Communications, said they applaud the agreement between the City and Verizon and look forward to working with staff to correct some inequities that currently exist between the Verizon and the Comcast agreements. Mr. Evans added that this agreement proves that the current process does work. They indicated that they look forward to working in this new environment and appreciate build out requirements that Verizon has agreed to in this agreement.

Public Hearing:

Mayor Robinson noted that a letter has been received from Mr. Sherman Ragland, Chairman of the Bowie Economic Development Committee encouraging the Council to support the franchise agreement. A copy is attached.

Mr. Ken Wenzel, City Information Technology Committee, 3836 Irongate Lane, said the IT Committee has reviewed the franchise agreement, tried to address issues from the technology side as well as a citizen’s point of view. He then summarized a number of issues the committee feels need to be addressed.

Mayor Robinson called for a response from several persons signed up to speak. Delores Johnson Cooper, George Gilchrist, Jr., and Mila Stanley all indicated their comments have been addressed and did not need to speak.

Mayor Pro Tem Brady moved approval of Resolution R-22-06 approving the Verizon franchise agreement as amended by the IT Committee to add the word “promptly” prior to “notify the City” on Exhibit B4. Councilman Jenkins seconded the motion and it carried unanimously.

ADJOURNMENT:

Mayor Pro Tem Brady moved to adjourn the meeting. Councilman Jenkins seconded the motion and it carried unanimously. The meeting was adjourned at 10:02 p.m.

Respectfully submitted,

Pamela A. Fleming, CMC
City Clerk