REGULAR CITY COUNCIL MEETING
MONDAY, APRIL 21, 2008
CALL MEETING TO ORDER:
The Regular Meeting of the Bowie City Council was held on Monday, April 21, 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, Mayor Pro Tem Turner, Councilmembers Brady, Marcos, Polangin, Trouth 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.
AGENDA ADDITIONS/DELETIONS/AMENDMENTS:
A. Councilmember Marcos asked that the item concerning the Huntington Sewer Matter be tabled until a future meeting. Council concurred.
B. Councilmember Valentino-Smith asked that Resolution R-25-08 listed under the Consent Agenda be moved to New Business for discussion.
CITIZEN PARTICIPATION:
A. Mr. Tom Nicholas, 4108 Nesconset Drive, spoke about the Harmony Place development and the need for age restricted housing. He reported that the County Planning Board, after a long debate, conditionally approved the development as proposed as long as certain modifications and conditions were met within a 30 day period by Questar. He reported on the County Planning Board proceedings and then urged the Council do whatever it takes to get age restricted housing instead of what is being proposed.
B. Ms. Deborah Sell, 2705 Birdseye Lane, said she agreed with Mr. Nicholas’ comments and then gave some background on Questar.
PRESENTATIONS:
A. Teacher of the Month Recognition – Ms. Pat Dolan, Chairman of the Education Committee, announced that the Education Committee acknowledges the contributions of BB&T Bank who provided the funding for the savings bonds, and Main Street Caterers who treats all honorees to lunch. She then announced that Ms. Ann James, Yorktown Elementary School, as the Teacher of the Month for March. On behalf of the City Council, Councilmember Valentino-Smith presented a Certificate of Recognition as well as a $100 savings bond to Ms. James. Ms. James thanked the Council, the Education Committee and students.
Ms. Dolan then announced that the Teacher of the Month for April is Mr. Peter Benac Fourth Grade teacher at Whitehall Elementary School. Councilmember Valentino-Smith presented a Certificate of Recognition and a $100 savings bond to Mr. Benac. Mr. Benac thanked the Council and his students.
B. Proclamation P-4-08 – Declaring May 2008 to be Business Appreciation Month – Mayor Robinson read and moved approval of the proclamation. Mayor Pro Tem Turner seconded it and it carried unanimously. Mayor Robinson then presented the proclamation to Edward Leyden, Chairman of the City Economic Development Committee, and Toni Adams, President of the Greater Bowie Chamber of Commerce.
Hon. Ingrid Turner, Prince George’s County Council, presented a proclamation to Mr. Leyden and Ms. Adams on behalf of the County Council.
CITY BOARDS AND COMMITTEES:
A. Councilmember Brady moved the appointment of Francis Sweet as a member of the Arts Committee. Mayor Pro Tem Turner seconded the motion and it carried unanimously.
B. Councilmember Trouth moved the appointment of Ms. Telsia Burt as a Member
of the Community Outreach Committee. Mayor Pro Tem Turner seconded the motion
and it carried unanimously.
Mayor Robinson swore Mr. Sweet and Ms. Burt into office in accordance with
Sec. 92A of the City Charter.
COUNCIL ANNOUNCEMENTS:
Councilmember Polangin reminded everyone that April 22 was “Equal Pay Day” and asked everyone to wear red to show their support.
CITY MANAGER’S REPORT:
City Manager Deutsch reported on
the following items: 1) Budget – Council
had discussed the need for a second gymnasium; staff is working on a report
to bring to the May 5 Council meeting for review and discussion; 2) Legislation – A
State law was passed requiring municipalities bidding projects of at least
$25,000 to advertise for bidders on the State’s eMaryland Market Place
web site; the law is effective June 1 and the City will be participating; 3)
Stream Team Clean-up – Approximately 250 people helped last Saturday
on the project.
CONSENT AGENDA:
A. Mayor Pro Tem Turner moved approval of the following Consent Agenda: A) Approval of Proclamation P-5-08, Expressing Gratitude to Daniel Smith, Jr. for His Dedicated Thirty-Five years of Service to the City; B) Approval of Proclamation P-6-08, Designating May as “National Bicycle Month”; C) Approval of Proclamation P-7-08, Designating “Bike to Work Day” in Bowie and the Washington D.C. Region as Friday, May 16, 2008; D. Approval of Resolution R-22-08, Awarding the Bid for the 2008 and 2009 4th of July Fireworks Display; E. Approval of Resolution R-23-08, Accepting the Storm Drain, Streets and Appurtenances Constructed Under Permit SDP 2 001 at Woodmore Estates Phase 1 and Releasing the Construction Securities Required Therewith; and F. Approval of Resolution R-24-08, Accepting the Storm Drain, Streets and Appurtenances Constructed Under Permit SDP 3 001 at Woodmore Estates Phase 2 and Releasing the Construction Securities Required Therewith. Councilmember Brady seconded the motion and it carried unanimously.
OLD BUSINESS:
A. Ordinance O-1-08 – Approving and Adopting a Budget for the 2009-2010 Fiscal year Beginning July 1, 2008 and Ending June 30, 2009 –
B. Resolution R-21-08 – Adopting a Capital Improvement Program for the Fiscal Years 2009-2014 –
Since there were no persons signed up to speak, Mayor Robinson declared the public hearing to have been held.
NEW BUSINESS:
A. BGE Communication Plan – Ms. Doreen Hartley, Director, Customer Relations Contract Center, displayed a PowerPoint presentation which showed the communications and actions related to the Bowie Reliability Action Plan and an update on BGE’s efforts to address feedback from Bowie residents.
Mr. William Jahn, Chairman of the BGE Task Force, provided some comments on the BGE presentation. He said that the citizens of Bowie need to know who to call and what to do in various situations such as outages, downed trees, etc.; it is important that a comprehensive brochure is available to the public through the newsletter, web site, phone books, BGE billing inserts, etc. Mr. Jahn concluded said the Task Force will continue to monitor the results of communications and infrastructure improvements; the final report of the Task Force is due in June.
Since there were no persons signed up to speak, Mayor Robinson declared the
public hearing to have been held.
Following discussion between Ms. Hartley and Councilmembers, Mayor Robinson
asked for concurrence to support staff’s recommendation to extend the
term of the BGE Task Force, by Resolution, for the purpose of holding quarterly
meetings to monitor the success of the implementation of the BGE reliability
and communication improvements plans. Council concurred.
B. 2008 Legislation Wrap-up – Mr. Leonard Lucchi, City Lobbyist, summarized his report dated April 16, 2008, a copy of which is on file at City Hall. He reported on Prince George’s Hospital System (HB 1039) and said the legislation passed; this will start the process of appointing the new hospital authority, and for the State and County to negotiate a long-term funding scheme for a Request for Proposal; if at the end of the process, the County and State fail to agree, the legislation should be looked upon as a starting point and not an ending point to a permanent solution to the county health care crisis. Mr. Lucchi reported on BRAC Zones (SB 206) that was passed and said such a designation brings both tax credits to businesses that locate in the zone as well as priority treatment for funding of state projects including transportation projects. He reported on the State Budget (SB 90/SB 150) and referred to the funded projects affecting Bowie which are listed in his report. He then reported on the State Agency Task Force (HB 1078) and said this legislation creates a task force to locate state agencies in Prince George’s County. Mr. Lucchi also reported on the following legislation that passed: (SB 685/HB 1010) that prohibits the solicitation of money on any highway in Prince George’s County which takes effect on October 1, 2008 and calls for warnings to be issued for first offenses; Neighborhood Parks (SB 1000/HB 1604) codifies a program in existence since FY 2002 whereby municipalities can apply to the Department of Natural Resources for grants; Property Tax Credit for accessibility Features (HB 54) allows municipalities and counties to establish, at their own option, property tax credits for real property where accessibility features have been installed; single member districts for Prince George’s School Board (SB 33/HB 1041) abolishes the at-large voting scheme for members of the Prince George’s County Board of Education and substitutes nine single member districts; eMaryland Marketplace (HB 865) requires all counties and municipalities to post notices and awards for competitively sealed bidding on the eMaryland Marketplace; and Parren J. Mitchell Public Service Scholarship Program (HB 1287) establishes a scholarship program to assist college and graduate students to prepare for public service career opportunities.
C. Preliminary Subdivision Plan #4-06126 – Hall Station Village Center – Mayor Pro Tem Turner announced that pending resolution of the Ethics Commission decision; he will recuse himself from discussion voting on this the subject matter.
Mr. Frank Stevens, City Planning staff, presented a PowerPoint presentation showing the location, topographical map, and zoning map. He said the Preliminary Subdivision Plan proposes to create five separate parcels for development; the Master Plan designates the property for mixed-use development consisting of residential, office and employment uses; there is a total of 110 residential dwellings proposed – 70 attached 2 family dwellings and 40 townhouse lots, up to 42,000 sq. ft. of retail and office and a library of 50,000 sq. ft. He reported that under the subdivision section of the ordinance the findings needed for approval include the fact that adequate public facilities are programmed or exist in the property and the subdivision is designed in accordance with the provisions for woodland conservation and tree preservation; the response times for emergency and non-emergency for police are met, the project will have to pay the public safety surcharge which is required under County regulations; medic, ambulance and fire emergency facilities are met; a school surcharge will need to be paid with is directed under State legislation; the City has sent a letter to Prince George’s County recommending that the inadequacy of student capacity be address since, in this case, 3 of the 4 schools affected are over capacity. Mr. Stevens further reported on the Stormwater Management Concept Plan which has been approved by Prince George’s County and the Tree Conservation and Preservation Plan; the site has received a letter of exception because there are less than 10,000 sq. ft. of woodlands on the site; however, the area where the pond is proposed is wooded and there are some other parcels that are subject to woodland conservation requirements; the applicant is proposing to mitigate the requirements by an off-site fee payment. He said with regard to the Preliminary Plan, that there are several roadway improvements proposed, i.e. upgrades to Hall Road and Central Avenue, a signal at the site entrance from Central Avenue, upgrades to the intersection of Central and Church Road; the applicant is also proposed to dedicate a 15 wide strip of land on the southern side of Hall Road for future roadway widening and construction of a sidewalk in the future. He said staff is recommending that a sidewalk be constructed on the north side from the west to Pin oak Parkway for safety reasons. He added that because this project meets the requirements of the subdivision ordinance, staff is recommending approval with the conditions as noted on Page 7-8 in the staff report.
Mr. Jim Golato, Vice Chairman of the Bowie Advisory Planning Board (BAPB), reported that at the hearing on April 8, 2008, the Board recommended disapproval by a vote of 6-1. He said the recommendation was made because of a lack of information regarding improvements to Hall Road and the impact on already overcrowded schools. A copy of the Planning Board’s report is on file at City Hall and on the City’s web site.
Mr. Daniel Lynch, attorney for the applicant, said this is the third of four phases of the process and gave a brief overview of the Preliminary Subdivision Plan process. He spoke about the sidewalks, access to the site, and improvements to Hall Road. He said he feels the project, with everything that has been presented to the County and the City, should move forward with approval from the City Council; the applicant is in agreement with the conditions with the exception of the sidewalk on the north side of Hall road which is not in conformance with State Highway Administration requirements.
Public Hearing:
1. Mr. Rosario Ideo, 16403 Pointer Ridge Drive, felt the property is being developed in accordance with what was agreed to in the past; felt that the BAPB has this phase confused with the specific design phase. He recommended that the City Council disagree with the BAPB recommendation and approve the staff recommendation.
2. Mr. Richard Schroder, 1305 Port Echo Lane, also said he disagreed with the BAPB recommendation; the Hall Road issue will be decided by the State and is not sure there should be recommendations contrary to what has already been approved. He encouraged Council to approve the proposal with no new conditions.
3. Mr. Howard Goldfarb, 15300 Hall Road, said he has been a resident since 2000. He spoke about Hall Road and any development along that road needs to have some consideration for widening the road.
4. Ms. Roxanne Johnson, 15501 Hall Road, said her property is adjacent to the proposed development and she is opposed to the residential portion of the plan; the infrastructure proposed is not structured to handle additional traffic on Hall Road. She spoke on overcrowded schools and believes the County needs to declare a moratorium on development.
Councilmember Trouth announced that he had submitted an ex parte form noting that he had met with the developer at Fire House #43. He also read an email received from Mr. Tim Holmes who was concerned about the fact that Hall Road will not be widened and felt the development would create additional problems.
Following discussion, Councilmember Trouth moved to accept the staff recommendation in the matter of Preliminary Subdivision Plan #4-06126 with the condition noted in the staff report and the recommendations are contingent upon the State Highway Administration and Prince George’s County improving Hall Road to a full roadway section, within a 70-foot wide right-of-way, from Pin Oak Parkway to Pointer Ridge Drive, including the construction of sidewalk on both sides of Hall Road. Councilmember Brady seconded the motion and it carried with a vote of 6-0-1 (Turner recused).
D. Community Shred Day – City Manager Deutsch summarized the staff report dated April 17, 2008, a copy of which is on file at City Hall and on the City’s web site. He reported that the City has been approached about having a shredding day; the City can provide such an opportunity for a net cost of $375; PNC Bank has offered to partner with the City; Community Shred Day is proposed to occur on Saturday, May 17 from 8 a.m. to 2 p.m., will be advertised and staff is asking for Council support.
Councilmember Marcos moved to approve the Community Shred Day. Councilmember Trouth seconded the motion and it carried unanimously.
E. Resolution R-25-08 – Awarding a Contract for Financial Advisory Services – City Manager Deutsch reported that staff had expressed the need for a financial advisor with regard to the new city hall project; a Request for Proposal was issued and 4 firms responded; staff is recommending that Council approve a contract with Davenport & Co. LLC headquartered in Virginia. He reported that the company has extensive municipal clients at the city, county and school board level in the State of Maryland. He asked that Council endorse Resolution R-25-08 with a contract of a limit not to exceed $25,000.
Following several questions posed by Councilmember Valentino-Smith and responses from City Manager Deutsch, Mayor Pro Tem Turner moved to approve R-25-08. Councilmember Brady seconded the motion and it carried unanimously.
ADJOURNMENT:
Mayor Pro Tem Turner moved to adjourn the meeting in an Executive Session for
the purpose of discussing a legal matter. Councilmember Brady seconded the
motion and it carried unanimously. The meeting was adjourned at 11:04 p.m.
Respectfully submitted,
Pamela A. Fleming, CMC
City Clerk