REGULAR CITY COUNCIL MEETING
MONDAY, MARCH 17, 2008

CALL MEETING TO ORDER:

The Regular Meeting of the Bowie City Council was held on Monday, March 17, 2008 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, Marcos, Polangin, Trouth, Turner and Valentino-Smith; 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.


CITIZEN PARTICIPATION:

A. Ms. Mary Catherine Dash, Daughters of the American Revolution, said she would like to recommend that Ms. Pamela Williams, Assistant Director of Bowie Museums, be appointed as the new Director.

B. Mr. Don Lampe, Forest Drive, spoke about maintenance along Forest Drive and fact the subdivision had been annexed 20 years ago and code enforcement will soon begin.

C. Ms. Erica Kennedy, member of the City’s Diversity Committee, reported that this month is Women’s History Month and Irish-American Heritage Month and gave some background on both events. She asked that residents join the Diversity Committee in celebrating the two heritages.

D. Ms. Nancy Wodarski, Senior Events Manager for the National Sclerosis Society, invited everyone to join in the annual MS Walk and noted this is the 3rd year the walk has been in Bowie; the event is scheduled for April 6.


COUNCIL ANNOUNCEMENTS:

Mayor Robinson announced that he attended the 6th Annual Women of Achievement Awards Breakfast and that Councilmember Diane Polangin was selected as the outstanding representative speaking on behalf of women’s issues, as well as business and professional women’s issues. He also noted that Ms. Polangin will assume the office of President of the National Business and Professional Women USA this July. He congratulated her on behalf of the entire Council.

CONSENT AGENDA:

Mayor Pro Tem Turner moved the approval of Consent Agenda Items: A. Approval of Minutes of February 19, 2008 Council Meeting; B. Approval of Resolution R-16-08, Approving the Site Lease Between the City of Bowie and Verizon Wireless to Install Cellular Equipment at Black Sox Park Located on Mitchellville Road; and C. Approval of Resolution R-17-08, Waiving the Bidding Requirements of Section 61 of the City Charter to Allow the City to Enter Into a Contract with Advanced Public Safety (APS), For Ecitation Electronic Ticketing Services Based Upon the Sole Source Authorization Provided By MD GOCCP and Authorizing the City Manager to Enter Into an Agreement for Those Services. Councilman Brady seconded the motion and it carried unanimously.

NEW BUSINESS:

A. New Fire/EMS Facility – Major Rich Lambdin gave a brief update of the new facility and the positive affect it will have on Bowie and the surrounding community. He reported the opening of bids is scheduled for March 17, 2008 and the building permit process is 90-95% complete; the only outstanding item is the WSSC approval. Major Lambdin said a letter is being sent to the City from the Fire Chief requesting that the payment and performance bonds for this project be waived, as well as the building permit fees. He further reported that groundbreaking is expected in May, and with a 12-month construction period, they expect the facility to open in April, 2009. He explained several features of the new building and said the building is designed to obtain a silver LEEDS designation.

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

Councilmembers asked several questions about staffing, equipment, training, and if there would be a signal at the entrance to the station itself. Major Lambdin replied that following review that was completed by the City of Bowie and the County Department of Public Works & Transportation, it has been determined that a traffic signal in front of the station is not warranted at this time.

Mayor Robinson thanked Major Lambdin for his presentation.


B. BGE Meter Replacement Update – Mr. Darryl Stokes, Vice President of Engineering & Standards for BGE, presented a PowerPoint that included Maryland In-Service Performance (ISP) Testing, Westinghouse D3 Electric Meters, and Ensuring Accuracy for Meters Installed, Communications Plan, Home Energy Calculator, and Lessons Learned. He reported that all Prince George’s County customers that had D3 meters removed were sent a letter from BGE, which described that the meter change program indicates that the actual date the meter was removed from the home; other customers outside of the County have also received a similar letter; the letter asks the customer to call the Customer Care Center if they have questions or would like to discuss payment options; the customer has two options if they are concerned with the accuracy of the meter: contact BGE to request a meter check at no cost or contact the Public Service Commission (PSC) to request a “referee test” which involves the testing of the meter by a BGE meter tester along with a PSC representative at a charge of $10; the cost is refunded if the meter is found to be inaccurate; the PSC has been properly informed of the D3 meter issue. Mr. Stokes said that with respect to the Bowie customers, 477 meters have been removed from Bowie homes; in the Bowie area 9 high bill complaints have been received or 2%; 7 of the Bowie high bill complaints have been resolved; 1 customer has requested a meter test in the Bowie area and that meter was found to be 100% accurate.

Following questions posed by several Councilmembers, Mayor Robinson thanked Mr. Stokes for his presentation and for the outreach to the community.

C. Preliminary Plan #4-07055, Melford Phase II – Ms. Elizabeth Chaisson, City Planning staff, summarized the staff report dated March 12, 2008, a copy of which is on file at City Hall. She reported that the Bowie Advisory Planning Board held a hearing on March 11, 2008, and recommended approval of the Preliminary Plan with conditions as stated in the staff report. She said the property is located in the Northeast Quadrant of U.S 50 and Route 3 and is zoned M-X-T. She displayed a PowerPoint presentation which showed an aerial photo, the development which occurred in Phase l, the Green Infrastructure map, and the Subdivision Plan. Ms. Chaisson reported that the applicant is proposing to subdivide the property into 29 parcels with varying lot sizing and will include a trail and the Green Infrastructure network. She reviewed the staff analysis found on Page 3 of the staff report. She concluded by saying the applicant has agreed to all of the conditions found in the staff recommendation.

Mr. Toussaint Gaskins, Chairman of the Bowie Advisory Planning Board, reported that following the BAPB hearing, the Board voted to approve the application with conditions.

Ms. Megan Bramble, attorney for the applicant, provided a brief history of the property and said the applicant agrees with all of the staff’s recommended conditions for the project including an amendment to Condition #3.

Public Hearing:

1. Mr. John Scoulios, 4404 Black Walnut Way, said he was representing the Longleaf Homeowners Association, and they were happy to see that St. John Properties agrees with the staff recommendation for the improvement at Rte. 301 and Governor’s Bridge Road. He spoke about the Harbour Way intersection and the additional exclusive left-hand lane to be added; felt that there would be more confusion with 3 rather than 2 lanes. Mr. Scoulios said they recommend changing the right lane into a through lane and a right-turn only lane.

2. Mr. Bruce Pletsch, 16520 Abbey Drive, Sherwood Manor, said he had comments on the subject application as well as the Detailed Site Plan, which is the next item on the agenda. A copy of Mr. Pletsch’s statement is attached hereto.

Following questions posed by several Councilmembers, Councilmember Polangin moved to approve Preliminary Subdivision Plan #4-07055 with the following amendments to Condition 2 a to read: “Revise the plans to show a minimum width of 70 feet for all street right-of-ways in order to accommodate commercial traffic or obtain a design waiver from the City based on road loading requirements for each section as determined by the applicant’s traffic engineer.”; and 2 b to read: “Revise the plans and application such that all references to “office-warehouse” or “warehouse” space has to be accessory to the primary use.” Mayor Pro Tem Turner seconded the motion.

Councilmember Valentino-Smith moved to amend the motion with regard to Condition 1 to read: “That prior to moving forward with the project that the developer make a monetary contribution with half going to the City and half to the design and construction of the Green Branch Athletic Complex.” Mayor Pro Tem Turner seconded the motion, with an additional condition to request the developer to seek opportunities to contribute the City of Bowie’s recreational needs.

Mr. Ramon Benitez gave some background about funding for internal infrastructure which he said were financed through public mechanisms; those funds were paid back and the debt services carried by the existing project and the developer. He added the actual approval and the condition associated with a monetary contribution and/or a recreation contribution is usually tied to the direct impact of the community through a residential use; in this case, there is no residential use allowed through the CSP approval. He noted other contributions to the Bowie community made by St. John Properties.

Mayor Robinson summarized the motion with the addition of a recommendation that the developer consider submission of financial support for recreational programs in the City. The maker and seconder of the motion concurred and the motion carried unanimously.

D. Detailed Site Plan #DSP-07031, Melford Phase II, Block 6 – Ms. Elizabeth Chaisson, City Planning staff, summarized the staff report dated March 13, 2008, a copy of which is on file at City Hall. She displayed a PowerPoint presentation of the project which is located at the southeast quadrant of Melford Boulevard and Curie Drive, is zoned M-X-T and is approximately 38.56 acres; the PowerPoint showed the Plan. She reported that the Bowie Advisory Planning Board met on March 11, 2008 and recommended approval with conditions as amended in the staff report; the applicant is in agreement with all of the conditions.

Mr. Toussaint Gaskins, Chairman of the Bowie Advisory Planning Board, reported that the BAPB’s comments centered around 3 different issues: landscape architecture, the commitment to the utilization of green technology, and an acknowledgement by the applicant that the flex space was a temporary use and there would be something in addition to flex space.

Ms. Megan Bramble, attorney for the applicant, referred to the 3 items noted by Mr. Gaskins and said with regard to the green technology, the developer has been committed to researching on how to be green and spoke about the roofing, that energy efficient HVAC systems will be used, and native aquatic species are being used in the stormwater management ponds. She also spoke above the pavement which will be 10% pervious and which will allow water to pass through, and that lights will have timers. She then referred to the temporary flex space and said that Condition 24 of the District Council resolution for the CSP speaks to having all new flex development be within 10% of the total development approved in the project. She then asked Landscape Architect Reed Fulton to address landscape architecture.

Mr. Fulton said after receiving comments from the community, they made changes and added a number of site amenities with respect to patio spaces, proposed pavilions, water retention areas, sitting areas along paths, and native planting material.

Public Hearing:

Mr. Bruce Pletsch, 16520 Abbey Drive, spoke about parking areas and that the development did not appear to minimize impervious surface areas. He also spoke about the amount of flex space and felt the idea of removing it later is a good idea.

Councilmember Polangin moved approval of Detailed Site Plan #07031 with the exception of Condition 1(j)(i): “Pervious pavement equal to at least 10% of the paved asphalt parking areas” which should be deleted. Mayor Pro Tem Turner seconded the motion and it carried unanimously.

E. Legislative Update – Mayor Pro Tem Turner recused himself from discussion on this matter based on the opinion of the Ethics Commission.

Mr. Leonard Lucchi, City Lobbyist, summarized his report dated March 12, 2008, a copy of which is on file at City Hall. The legislation he spoke about included Photo-imaging Speed Enforcement, Prince George’s Hospital System, Single Member Districts for School Board, Municipal Excise Tax, and the State Budget. He also reported on a draft letter concerning a bill that would restrict the placement of liquefied natural gas storage facilities. Mr. Lucchi reported that Mayor Malinda Miles, President of the Prince George’s County Municipal Association, is asking the City Council to support this bill, not only on behalf of Mt. Rainier, but also several other potentially effected municipalities in Prince George’s County. The Council unanimously concurred.

ADJOURNMENT:

Mayor Pro Tem Turner moved to adjourn the meeting. Councilmember Brady seconded the motion and it carried unanimously. The meeting was adjourned at 10:51 p.m.

Respectfully submitted,


Pamela A. Fleming, CMC
City Clerk