REGULAR MEETING OF GREENBELT CITY COUNCIL held Monday, July 16, 2001.

Mayor Davis called the meeting to order at 8:06 p.m.

ROLL CALL was answered by Council members Rodney M. Roberts, Alan Turnbull, Thomas X. White, and Judith F. Davis, Mayor. Councilmember Edward V.J. Putens was unable to attend because of a death in the family.

ALSO PRESENT were Michael P. McLaughlin, City Manager; Robert A. Manzi, City Solicitor; David E. Moran, Assistant to the City Manager; and Kathleen Gallagher, City Clerk.

Mayor Davis observed a moment of silence for residents Daniel Sillers and Ernestine McAlister, and former residents Audrey Durkin and Patricia Hesse Sher (Pioneer). She then led the Pledge of Allegiance to the Flag.

CONSENT AGENDA: Mr. Roberts asked that item #22 (Appointment to Advisory Board) be removed from the consent agenda; Mr. White asked to remove the work session minutes of May 30, 2001. A motion to approve the amended consent agenda was made by Mr. White and seconded by Mr. Turnbull. The motion passed 4-0.

Council thereby took the following actions:

MINUTES

- Special Meeting, Budget Adoption, June 4, 2001

- Work Session, June 6, 2001

- Work Session, June 13, 2001

- Regular Meeting, June 11, 2001

- Interview for Advisory Group, July 2, 2001

Approved as presented.

COMMITTEE REPORTS

Advisory Committee on Education - Report #02-2001 (ACE Reading Club - Project Summary): Council accepted this report, which describes the activities of the first year of the ACE Reading Club.

Park & Recreation Advisory Board - Report #01-5 (Buffer Zone - Greenbelt Lake): Council received this report and will consider it when this topic is dealt with following receipt of a report from the Advisory Planning Board.

COUNCIL INFORMATION TECHNOLOGY POLICY: Council approved the policy on Provision of Information Technology to City Council Members.

BOARD OF APPEALS RESOLUTION FOR VARIANCE #01-001-V: Council adopted this variance resolution.

BOARD OF APPEALS RESOLUTION FOR VARIANCE #01-002-V: Council adopted this variance resolution.

BOARD OF APPEALS RESOLUTION FOR VARIANCE #01-003-V: Council adopted this variance resolution.

RESIGNATIONS FROM ADVISORY GROUPS: With regret, Council accepted Lillian Johnson’s resignation from the Arts Advisory Board and Kim Callinan Taylor’s resignation from the Advisory Committee on Education and directed staff to prepare the appropriate letters of appreciation.

APPROVAL OF AGENDA AND ADDITIONS: Mr. Turnbull moved approval of the agenda. Mr. White seconded the motion, which passed 4-0.

PRESENTATIONS

Oath of Office - Police Officers: Chief James Craze introduced five new police officers to Council and the City: Jason Powers, Jonathan Lowndes, Gordon Rose, Scott Yankow, and Christine Fekete. The Mayor welcomed the new officers and administered the oath of office. The officers then introduced their family and friends who were in attendance.

4 Cities Street Sweeper Award - Maryland Municipal League: Last month at the Maryland Municipal League annual meeting in Ocean City, the Four Cities Coalition received an Award for Excellence for its shared street sweeper program. Kenny Hall, Director of Public Works, was present at the annual meeting to receive the award on behalf of Greenbelt. Jacquelyn Woody, Municipal Liaison to the County Executive, attended and read a letter of congratulations from Mr. Curry.

GFOA Distinguished Budget Presentation Award - FY 2001: The City has received the Distinguished Budget Presentation Award from the Government Finance Officers Association (GFOA) for Fiscal Year 2001. This is the 14th year the City has received this award. Mr. McLaughlin accepted it on behalf of the Finance Department.

PETITIONS AND REQUESTS: Sheldon Goldberg, 7848 Jacobs Drive, asked that October 4 be reserved as a "Meet the Candidates" meeting to be held during the time slot of the May meeting of the Greenbelt East Advisory Committee (GEAC).

MINUTES OF MEETINGS

Work Session, May 30, 2001: Following review of these minutes, Mr. White moved approval, Mr. Turnbull seconded. The motion carried 4-0.

Executive Session, June 19, 2001: Mayor Davis asked that the statement that she had started the meeting be corrected to Mr. Turnbull, since she did not attend this meeting. Mr. Roberts then moved that the minutes of the executive session of the City Council held Tuesday, June 19, 2001, be approved with this correction. He further requested that the minutes of this meeting reflect that the Council met in executive session at 8:05 p.m. in the Library of the Municipal Building and that Council held this closed meeting in accordance with Section 10-508 (a) (7) of the State Government Article of the Annotated Code of Public General Laws of Maryland to consult with counsel to obtain legal advice on a legal matter regarding the USDA lawsuit. Mr. Turnbull seconded the motion.

Mr. Roberts - yes

Mr. Turnbull - yes

Mr. White - yes

Mayor Davis - yes

ADMINISTRATIVE REPORTS

Mr. McLaughlin: NORC Reception - A kick-off reception for the NORC project the City is co-sponsoring with Greenbelt Homes, Inc., will be held in the Council Room at 1 p.m. on July 18. Greenway Center Bus Stop - He had anticipated having the Greenway Center bus stop on tonight’s agenda, but the State Highway Administration was not ready to do it. It is now planned for the August meeting. USDA Update - Mr. Liebesman will arrive as early as possible.

In response to Mr. Turnbull’s question, Mr. McLaughlin said the City had sent publicity about the NORC project to the Senior Beacon, which is a publication of the county’s Department of Aging.

Mayor Davis suggested that information be dispersed on the expanded list of items Greenbelt is recycling. She announced there will be a second electronics recycling day on July 28 at Schrom Hills Park. She also noted a letter from Starpower to the county saying they were withdrawing their franchise application. Council asked staff to send copies of this to such interested parties as GEAC, GHI, Greenbriar, Hunting Ridge, and Windsor Green.

Mayor Davis asked for participants’ impressions of the Maryland Municipal League (MML) annual conference and announced that David Harrington, Mayor of Bladensburg, is the new president of MML. She also announced that as her first duty as president of the Prince George’s County Municipal Association, she had chaired their annual breakfast meeting. PGCMA has also reinstated its longevity awards and so honored Mr. White, Mr. Putens, Gil Weidenfeld, and Richard Pilski. Mayor Davis commended the Advisory Committee on Education for its successful reading program and announced that CB-9 had passed. She also reported information from a Council of Governments meeting.

LEGISLATION

A Resolution to Authorize the Negotiated Purchase of Certain Goods and Services from Various Vendors as Enumerated Herein When Total Fiscal Year Purchases from Each Vendor Exceed Ten Thousand Dollars ($10,000). The Mayor read the agenda comments. Mr. White introduced the resolution for first reading.

OTHER BUSINESS

ELEANOR ROOSEVELT HIGH SCHOOL - REQUEST FOR DONATION: The Mayor read the agenda comments. Though generally in agreement with the staff recommendation, Council decided to provide a modest donation as well as the in-kind services the City can provide (e.g., doing a proclamation, running ads on channel B-10, putting up the banners). Council also suggested the group might approach the PTSA or the Franklin and Eleanor Roosevelt Democratic Club for assistance. Mr. White moved, and Mr. Turnbull seconded, that the City donate $250 toward the cost of the character education program. The motion carried 4-0.

LOCATION FOR ASTRONOMY CLUB OBSERVATORY - UPDATE: Mayor Davis read the agenda comments. Celia Craze, Director, Planning and Community Development, said the two critical decisions to be made are location and ownership. Staff met with representatives of the club to review possible sites. Everyone agrees that Northway Field is the only site that works well. The path that is taken for zoning and building code issues, however, will depend upon who owns and operates the observatory. If the City owns it, it is a public building that is permitted by right, and the process would jump straight to the building permit stage. If it is owned and/or operated by the club, it would need to be permitted by special exception and could take up to nine months or more. The staff report is not complete yet. Until a site is selected, no referral can be made to the Advisory Planning Board or the Park & Recreation Advisory Board. Mr. Roberts said it would facilitate the process if the Astronomy Club donated the observatory to the City. He said he had heard mention of the idea of the City leasing the land to the Club, but he did not favor that. He also said he would like more detail when available about where specifically on Northway the observatory would be sited. Mr. White agreed that City ownership would be much "cleaner." In response to a question from Mayor Davis, John Settle, the president of the club, said the observatory would need some stabilization work if it were to remain at Public Works for more than a couple of additional months. He said the club’s board had agreed it would be workable to have the City own the structure. Mr. Turnbull said it was important for the club to continue its financial support for the observatory and cost-share the expenses. Mr. Settle said that was the case. Ms. Craze said the matter would come back to Council for more formal approval.

BRIEFING ON OUTCOME OF USDA LAWSUIT: Mayor Davis read the agenda comments. Larry Liebesman, attorney to Greenbelt in this matter, said that although the judge had ruled against the City’s recovery of costs, the City had achieved two important goals. First, the road that was about to be built when this process started has not been built. Second, the message has brought home that federal agencies are not exempt from federal environmental law. The project has been stopped, and the wetlands have been saved. Mr. Liebesman said the U.S. Department of Agriculture had essentially given the City what it wanted, and the City could return to court in the future if need be. In summary, he said he believed the City had accomplished a great deal. Mr. Turnbull said he appreciated the victories within the judgment, but that he was sorry there was no punitive action that would deter the USDA from doing this elsewhere or deter other agencies from trying to do it in Greenbelt. Mayor Davis suggested the City should do some outreach on the subject (e.g., a press release), especially to the environmental community and our elected officials, that would convey the City’s ideas about what had been accomplished by the lawsuit. Mr. Roberts and Mr. White both agreed that the City had gotten much of what it wanted. Mr. White said, "We’ve bought some wetlands. Think of it that way." He said his biggest disappointment was the lack of support the City had received from its federal elected representatives. Mr. Roberts complimented his colleagues on the Council and the residents of Greenbelt for being willing to stick with it during this long process.

COMMUNITY LEGACY APPLICATION: The Mayor read the agenda comments. Ms. Craze said this proposal would be to hire or contract with someone on a part-time basis to develop a plan for the City under the Community Legacy rubric. The City needs to have an approved plan as the first step in being able to make use of the Community Legacy program, but it is hoped that the individual who would be hired would also have time to start some of the implementation. Mr. White expressed some concern that Council would not be able to see the proposal when it was written, but Ms. Craze said the deadline was so tight that what staff would submit would be projects that had been worked on for some time. Mayor Davis encouraged board involvement wherever possible. Mr. Turnbull moved Council support for the development and submission of the proposal. Mr. Roberts seconded. The motion carried 4-0.

BRIEFING ON COUNTY PLANNING BOARD HEARING ON GREENBELT STATION: The Mayor read the agenda comments. Mr. Manzi described the testimony given at the hearing, as well as what the rest of the process is likely to be. Beltway Plaza will testify when the hearing is continued on July 26, and Mayor Davis suggested the City might want to notify Springhill Lake that still have time to participate if they wish. Ms. Craze noted that Cheryl Cort of the Chesapeake Bay Foundation testified; it is notable that this is the first time the Foundation has testified in opposition to a joint development at a metro center. It was agreed that College Park should be encouraged to clarify with the county their position if their conditions are not met, and Ms. Craze will contact their planning director about that. There was brief discussion of a meeting that occurred between the representatives of Westfield and City staff last Friday, on which Council will receive a memorandum from staff. Mayor Davis also expressed appreciation to Senator Leo Green and Delegate Joan Pitkin for their letters to the planning board in support of Greenbelt’s position. She asked Mr. McLaughlin to send a copy of her testimony with a cover letter to the delegates and mayors who spoke in favor of the development early in the hearing without staying to hear any of the other testimony. They were Mayor Sims of District Heights, Mayor Fennell of Colmar Manor, Mayor Walker of Landover Hills, and Delegates Benson, Baker, Valderrama, and Patterson. Barry Schlesinger, 155 Westway, and Sylvia Lewis, 2-C Gardenway, both praised the presentation the City had made. Ms. Lewis also raised a question Council asked Mr. McLaughlin to pursue regarding whether Mr. Boone of the Anacostia Watershed Society had indicated that organization had withdrawn its opposition or not. Mr. White spoke about the lack of understanding outside the City of Greenbelt’s views on development and a possible need to think about how this might be addressed. Mr. Roberts remarked that one area where the City should do some additional homework was the wetlands mitigation site and the agreement between the Corps of Engineers and the Washington Metropolitan Area Transit Authority (WMATA). Mr. Manzi agreed that the City should determine whether, as Mr. Rivera represented, the developers had permission to move the site for mitigation. Council thanked Ms. Craze for her work and that of her staff in this matter, and Mr. Turnbull also thanked Mayor Davis and Mr. Roberts for their willingness to testify at the hearings.

JAEGER TRACT ACQUISITION - CITY CONTRIBUTION: Mayor Davis said she had heard comments from residents both for against the idea of City funds being spent on the acquisition of the Jaeger tract. There are also reservations regarding participating in the purchase of property that is outside the City limits. Mr. Roberts said he would favor using Open Space funds, which he does not regard as City funds. Mr. Turnbull questioned the nature of the "mid-August" deadline being imposed by the owner, given the realities of having the federal government involved as a partner. Mr. McLaughlin clarified that the goal was to be able to demonstrate a serious intent by then.

Diane Oberg, Greenbelt News Review, questioned the justification for closing this meeting to the public, given that the City would not itself be acquiring property but contributing to others to acquire property. Mr. Manzi said it was not necessarily determined who would own it and that, regardless, there were legal issues that must be considered regarding Greenbelt’s even contributing to a purchase. Mayor Davis added that any action to be taken would, of course, be considered on the agenda of a public meeting.

APPOINTMENTS TO ADVISORY GROUPS: Mr. Roberts moved Council appoint Amy Rutledge to the Recycling & Environment Advisory Committee and Mary C. Crawford to the Senior Citizens Advisory Committee. Mr. Turnbull seconded the motion, which passed 4-0.

MEETINGS

Council agreed to hold an Executive Session at 7:30 p.m. on Wednesday, July 18, to discuss a City contribution to the purchase of the Jaeger Tract. The start of the work session on capital projects and the bond referendum will thus be delayed until 8:30 p.m. that night. Mr. Turnbull suggested that Eric Olson of the College Park City Council and resident Stephen Jascourt be notified of the date of the redistricting discussion. It was agreed to schedule the advisory group appreciation dinner on October 21. It was also agreed that Monday, July 23, would be the first choice should it be possible to schedule a meeting with the Metroland developers. There was discussion of the suggestion of the Park & Recreation Advisory Board (PRAB) that a public forum on the condition of Greenbelt Lake and Buddy Attick Park be held. Mr. Turnbull suggested that PRAB should be encouraged to convene this meeting. It was agreed to follow up on this after the Advisory Planning Board submits its report.

ADJOURNMENT: A motion to adjourn was made by Mr. Roberts and seconded by Mr. Turnbull. The motion carried 4-0. Mayor Davis adjourned the regular meeting of July 16, 2001, at 11:25 p.m.

Respectfully submitted,

Kathleen Gallagher

City Clerk

"I hereby certify that the above and foregoing is a true and correct report of the regular meeting of the City Council of Greenbelt, Maryland, held July 16, 2001."

Judith F. Davis

Mayor

City of Greenbelt, Maryland
City Offices, 25 Crescent Road, Greenbelt, MD 20770
Phone: 301-474-8000 FAX: 301-441-8248