REGULAR CITY COUNCIL MEETING
MONDAY, JULY 3, 2006

CALL MEETING TO ORDER:

The Regular Meeting of the Bowie City Council was held on Monday, July 3, 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 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 ADDITIONS/DELETIONS/AMENDMENTS:

Councilman Turner asked that Consent Agenda Item G, Resolution R-62-06, be moved to New Business. Council concurred.

CITIZEN PARTICIPATION:

A. Ms. Lauren McCarthy, City Diversity Committee, said that on July 4th, many will come together to celebrate; this day, that recognizes America’s independence, is also a call to recognize the freedom that exists for all Americans; July is Celebrate Freedom Month and the committee hoped all would make time to not only celebrate freedom on July 4th, but to celebrate freedom every day.

B. Ms. Barbara Sigler, said she had some concerns about the process of hiring a police chief. A copy of Ms. Sigler’s statement is attached.

C. Mr. Steve Kuciemba, 14002 Westcott Ct., also voiced concern about the delayed hiring of the new police chief and information that had been leaked to the press. He also said that he felt the search team should go back to the five remaining candidates and not readvertise for new ones.

D. Ms. Kristine Cooke, also raised questions concerning the hiring of the police chief and wanted to know why the job wasn’t offered to the next qualified person. A copy of Ms. Cooke’s statement is attached.

E. Ms. Keri Price, said she hoped the decision making for hiring the police chief is done with the best intentions for the City of Bowie; the new chief should be someone who approaches the challenge of creating a new police department with confidence and experience, and deep seeded roots to carry on the spirit of Bowie.

F. Ms. Geraldine Valentino Smith, also voiced her concerns about the process. She thanked the City for bringing a police presence to Bowie.

Mayor Robinson said that the Council was also outraged about reported leaks in the process; everyone on the City Council and the City Manager has one interest and that is to provide the best person possible. He apologized for any confusion if the process became controversial to some people.

Councilman Jenkins said that for anyone to suggest that the person chosen must be a former police chief or that they cannot be from the City is news to him. He asked the City Manager if he knew of such a criteria.

City Manager Deutsch said the answer is negative to each of the elements of Councilman Jenkins’ comments.

G. Ms. Deborah Sell, 2705 Birdseye Lane, spoke about a resident of Bowie who is seeking aid from HUD and reported that there has been no response from HUD; HUD has attempted to evict the resident from her home and felt she was being done an injustice.

H. Ms. Pat Williams, 14327 Driftwood Road, spoke about Item G on the Consent Agenda concerning bond reduction in the Woodmore Estates construction project. She asked that this item be tabled until concerns could be addressed.

I. Ms. Connie Wilson, 8300 Chestnut Avenue, spoke about concerns about the business located at 8333 Zug Road known as Petroleum Management. She reported that Petroleum Management is asking MDE to waive the requirement that they take a sample from every load and have it analyzed as to content and a report sent to MDA. She asked the City to send a letter to MDE in strong opposition of the waiver.

J. Mr. Gary Hinkle, retired environmental engineer, said what is going on at 8333 Zug Road is atrocious. He said it is a transfer station of hazardous materials and a recycler of oil in the middle of a residential area.

Councilman Kroemer asked for concurrence of Council to: 1) direct staff to examine the existing businesses along Zug Road and provide a status report on the compliance of those businesses with City and County codes; 2) ask the City Attorney to work with the County on issues related specifically to PMI and upcoming Board of Appeals hearing; and 3) send a letter to MDE requesting that the variance being requested by PMI be rejected. Council concurred.

CITY BOARDS AND COMMITTEES:

A. Mayor Robinson moved the reappointment of Ron Skotz, Terry Rogers, Toussaint Gaskins, Jim Golato, and Lillie Thompson as members of the Bowie Advisory Planning Board. Councilman Jenkins seconded the motion and it carried unanimously.

B. Mayor Robinson moved the reappointment of Seymour Alloy, Richard Hyman and John Coughlin as members of the Board of Personnel Appeals. Mayor Pro Tem Brady seconded the motion and it carried unanimously.

C. Mayor Robinson moved the reappointment of Nancy Ritter as a member of the Ethics Commission. Councilman Jenkins seconded the motion and it carried with a vote of 6-0-1 (Turner - abstain).

D. Councilman Conroy moved the reappointment of Dale Grant and Isaac Trouth as members of the Community Outreach Committee. Councilman Brady seconded the motion and it carried unanimously.

E. Councilman Turner moved the reappointment of Bernard Smolen, Pat Switts, and Robert Deegan as members of the Community Recreation Committee. Mayor Pro Tem Brady seconded the motion and it carried unanimously.

F. Councilman Turner moved the reappointment of Donna Bayes, Steve Hall, and Connie Carter as members of the Beautification and Tree Preservation Committee. Councilman Jenkins seconded the motion and it carried unanimously.

G. Councilman Jenkins moved the reappointment of Brendan Bohan and Bonnie Moore as members of the Financial Advisory Committee. Mayor Pro Tem Brady seconded the motion and it carried unanimously.

H. Councilman Kroemer moved the reappointment of David Terry, Karen Koch and Susan Stephenson as members of the Heritage Committee. Mayor Pro Tem Brady seconded the motion and it carried unanimously.

I. Councilman Kroemer moved the reappointment of Pat Dolan, Hugene Fields, Joyce Halper and Yvonne McKenzie as members of the Education Committee. Mayor Pro Tem Brady seconded the motion and it carried unanimously.

J. Councilman Kroemer moved the reappointment of William Schmitt and William Boyer as members of the Administrative Review Board. Mayor Pro Tem Brady seconded the motion and it carried unanimously.

K. Mayor Pro Tem Brady moved the reappointment of John Cleaver, Kenneth Wenzel, Frank Figlozzi, James Puckett, Richardo Stupart and Robert Kaczanowski as members of the Information Technology Committee. Councilman Jenkins seconded the motion and it carried unanimously.

L. Mayor Pro Tem Brady moved the reappointment of Elveeda Dixon, Jennie Gilbaud and Erica Kennedy as members of the Diversity Committee. Councilman Jenkins seconded the motion and it carried unanimously.

M. Mayor Pro Tem Brady moved the reappointment of Deborah Cottrell as a member of the Arts Committee. Councilman Jenkins seconded the motion and it carried unanimously.

N. Councilman Lyles moved the reappointment of Sherman Ragland, Edward Leyden, Alan Coppola, Boyd Campbell, Al Golato, Stanley Rodenhauser, Joan Pitkin, Maitland Dade, Lisa Ransom, John Wilson, Phil Morelli, Raymond Skinner, and Albert Baumann as members of the Economic Development Committee. Mayor Pro Tem Brady seconded the motion and it carried unanimously.

O. Councilman Lyles moved the reappointment of William Kelliher, James Durkin, and Paul Kowalski as members of the Cable Rate Regulation Committee. Councilman Jenkins seconded the motion and it carried unanimously.

COUNCIL ANNOUNCEMENTS:

Mayor Robinson declared that an outstanding event is planned at Allen Pond on Independence Day and encouraged everyone to attend.

CITY MANAGER’S REPORT:

City Manager Deutsch reported on the following items: 1) BGE - He said he will distribute public information received by email from BGE in an attempt to explain what is occurring as of July 1 with regard to rate increases; 2) Skateboard Park - project should be completed early in August; 3) Staff contingent of 9 employees will be heading for D’Iberville, Mississippi in 2 weeks to spend a week helping that community; Public Works employees will be using their skills to assist in the ongoing restoration; 4) Perrell Lane - The owner of the property has become uncooperative and staff has boarded up the property to mitigate any dangers; daily fines have been instituted and staff is prepared to direct attorney to go to court to seek an order of abatement to have building razed and restored.

CONSENT AGENDA:

A. Councilman Turner moved to approve Consent Agenda Items A. Approval of Resolution R-55-06, Waiving the Competitive Requirements of Section 61, “Purchasing and Contracting” of the Charter of the City of Bowie to Allow for the Rental of Leaf Collection Trucks, and Authorizing the City Manager to Enter Into a Contract with Hertz Equipment Rental in the Amount of $45,642; B. Approval of Resolution R-56-07, Waiving Bidding Requirements and Allowing for the Purchase of a Space Rotor for the Oxidation Ditches Located at the Wastewater Treatment Plant; C. Approval of Resolution R-58-06, Bond Reduction for Storm Drain Permit SD 1-0304 for Woodmore Highlands Phase 4; D. Approval of Resolution R-59-06, Bond Reduction for Paving Permit P 1-0304 for Woodmore Highlands Phase 4; E. Approval of Resolution R-60-06, Approving the 2007 Community Legacy Project and Grant Application; F. Approval of Resolution R-61-06, Adopting the Recommendation of the Bowie Advisory Planning Board in the Case of BV-2-06; and H. Approval of Resolution R-63-06, Accepting Bid Proposal for Hot Mix Resurfacing. Councilman Lyles seconded the motion and it carried unanimously.

NEW BUSINESS:

A. Resolution R-62-06 - Allowing for the Reduction of the Performance Security Guaranteeing Construction of Storm Drain and Paving in Woodmore Estates Phase II Under Permit SDP 3-0002 - Councilman Turner asked that this item be tabled until the August 1st meeting so that he and residents can meet with staff to address issues that need to be resolved. City Manager Deutsch pointed out that that a portion of a bond release is typical of the bond review process; bond reduction which represents 80% of the work has been completed in accordance with the plans and specifications; the City is still holding $200,000 in surety bonds to require compliance on these items; the developer has met the standards set years go for the release of the bonds totaling $397,000.

Councilman Turner moved to table Resolution R-62-06. Councilman Lyles seconded the motion and it carried with a vote of 6-1 (Brady).

OLD BUSINESS:

A. Ordinance O-7-06 - To Add Article VI to Chap. 2 “Administration” to Prohibit the Disclosure of Confidential Information, to Establish Regulations for Ex Parte Communications and to Provide Sanctions for Violations of the Article - City Attorney Robert Levan said this item had been referred back to the City Attorney for the purpose of trying to clarify and find a balance with regard to the blanket exception from the definition of public information of communications pertaining to proposals for business or industrial organizations to locate or remain in the City. He said if the Council chooses to adopt O-7-06, it is attempting to define those matters of public information which basically should be shared amongst councilmembers; those items which are excluded from the definition of public information have been excepted out under the Sunshine Law; these items are not deemed to be public information and are not required to be aired in public and not required to be disclosed; the concern is to deal with these types of communications in a way where there is a sharing of information among council-members. Mr. Levan further reported that Council could eliminate the exception, have it fall into the realm of public information and require the same type of disclosures that would be required in connection of a disclosure during a quasi-judicial proceeding. He said a new paragraph 5 on Page 7 could be added under the provisions relating to the types of disclosures that have to be made, which would keep the type of information which is excluded from the definition of public information and is not the type of information which normally would be disclosed, but it would require some type of mechanism created by the Council within its executive session privileges for sharing the information which is disclosed under those circumstances.

Following discussion between Council and the City Attorney, Councilman Kroemer moved the adoption of Ordinance O-7-06 as amended. Councilman Jenkins seconded the motion and it carried with a vote of 5-2 (Lyles, Turner).

COUNCIL COMMENTS:

A. Councilman Conroy gave the following comments: 1) Encouraged the community to attend the Independence Day celebration; 2) Believed information was taken out of context through shared communications. He said he received e-mail concerning the hiring process for the police chief and had advised the sender that the Council was not involved in the process and the matter should be referred to the City Manager. 3) The City was well represented at the recent Maryland Municipal League convention; Mayor Pro Tem Brady did an admirable job as President of MML.

ADJOURNMENT:

Mayor Pro Tem Brady moved to adjourn the meeting into an Executive Session for the purpose of discussing a legal issue. Councilman Jenkins seconded the motion and it carried unanimously. The meeting was adjourned at 9:15 p.m.

Respectfully submitted,

Pamela A. Fleming, CMC
City Clerk