REGULAR MEETING OF GREENBELT CITY COUNCIL held June 10, 2002.

Mayor Davis called the meeting to order at 8:08 p.m.

ROLL CALL was answered by Council members Edward V. J. Putens, Rodney M. Roberts, Alan Turnbull, Thomas X. White, and Mayor Judith F. Davis.

ALSO PRESENT were Michael P. McLaughlin, City Manager; Jeffrey Williams, City Treasurer; David E. Moran, Assistant to the City Manager; John Shay, Jr., City Solicitor, and Kathleen Gallagher, City Clerk. Robert A. Manzi arrived at about 9:10 p.m., and Mr. Shay left.

Mayor Davis asked for a moment of silence in memory of Greenbelt resident Thomas J. McAndrew.

CONSENT AGENDA: Mr. McLaughlin noted that item #24 had been intended for inclusion on the consent agenda and had been so designated on the agenda comments but not the agenda itself. A motion was made by Mr. Putens and seconded by Mr. Roberts to approve the consent agenda, including item #24. The motion passed 5-0.

Council thereby took the following actions:

MINUTES

- Work Session, May 22, 2002

- Work Session, May 29, 2002

- Special Meeting, June 3, 2002

Approved as presented.

APPOINTMENT TO COG COMMITTEE ON NOISE ABATEMENT AND AVIATION AT NATIONAL AND DULLES AIRPORTS: Council authorized the appointment of David Moran, Assistant to the City Manager, to serve on the committee; Council further approved suggesting to COG that the scope of the committee be broadened to include other aviation noise issues.

CABLE MODEM SERVICE FRANCHISE FEES: Council approved a response to the National League of Cities indicating the City's possible interest in eventually making a financial contribution to fighting the FCC ruling on cable modem franchise fees.

NATIONAL CAPITAL PLANNING COMMISSION - PROPOSED FEDERAL CAPITAL IMPROVEMENTS PROGRAM, FYS 2003-2008: Council directed staff to convey the City's support for the listed projects to the National Capital Planning Commission.

APPROVAL OF AGENDA: Mr. White asked that Appointment to Advisory Board be added to the agenda as item #22. Mr. Putens moved approval of the agenda as amended. Mr. Turnbull seconded the motion, which passed 5-0.

Chesapeake Bay Trust - Presentation of Check for Wetlands Educational Facility: Jeff Muller, Marketing and Public Relations Manager for the Trust, and John Brunner, Mayor of the Town of University Park and a Board member of the Trust, presented a check for $21,489 to Council for the Outdoor Wetland Education Facility on the north shore of Greenbelt Lake in Buddy Attick Park.

Council also recognized Margie Sparks, seventh grade science teacher at St. Hugh's School, and her students who created materials for use at the facility. Three of the students-Jeff Grant, Joseph Lau, and Harrison Hilliard-were present at the meeting, and Ms. Sparks said a total of 26 students had contributed to the project.

Mayor Davis also thanked Kristen Ward, Planning Department, for her work on the project.

National Small Cities Day - Proclamation: Mr. Putens, who is a member of the Small Cities Council Steering Committee of the National League of Cities, gave an overview of the Council's work in addressing the needs of small cities. Mayor Davis read a proclamation declaring June 14 to be National Small Cities Day, with a theme this year of "Building Quality Communities." Mr. Putens asked that a copy be faxed to the Council.

PUBLIC HEARINGS

3^rd Public Hearing on Proposed Fy 2003 Budget: The Mayor read the agenda comments and opened the public hearing.

A number of residents spoke in favor of Council's funding the transfer of the police officers' retirement program in the Fiscal Year 2003 budget. These were Kelly Ivy, 43 Lakeside Drive; Jean Smith, 6 Pinecrest Court; Theresa Anne Chrisman,104 Ivy Lane; Joel Rubenstein, 17-E Parkway; Sheldon Goldberg, 7848 Jacobs Drive, chair of the Greenbelt East Advisory Committee (GEAC), who said GEAC had voted their support for making the change this year; and Jackie Shabe-Rochefort, 65-K Ridge Road.

Sgt. McNully of the U.S. Park Police, Greenbelt Park, addressed the importance of keeping the police force competitive in salary and benefits.

Lt. Dan O'Neil thanked Council for being willing to consider the change in this year's budget even though the necessary data had been received late in the process. He also thanked Mr. McLaughlin and Mr. Williams for the work they had done. He then gave a summary of the differences between the two retirement programs and also enumerated the benefits to the City the department believed the LEOPS program would provide.

The Mayor declared the public hearing on the budget to be closed.

Transfer of Cable Television Franchise from Comcast to AT&T/Comcast: Mayor Davis read the agenda comments. She introduced Beverly Palau, Public Information and Communications Coordinator, who in turn introduced Fred Graffam, General Manager, and Karmen Bailey Walker, Director of Government Relations, for Comcast. There were no comments or questions from the public. In response to questions from Mr. White, Mr. Graffam said there will be no change in local service because of the transfer, nor is it related in any way to the question before the FCC regarding cable modem service. Mr. Putens asked about the stories people have been hearing regarding the collection by Comcast of user data on the Internet. Mr. Graffam responded that Comcast does not look at any individual customer data, only the traffic flow on the system. Mr. Putens said he was not convinced that this adequately responded to the concern. In answer to a question from Mayor Davis, Mr. Graffam said Springhill Lake is now entirely on Comcast. The Mayor also asked about the problem that occurred with the change from a three- to a two-tiered billing system. Mr. Graffam said they had intended to grandfather the affected customers but discovered they could not legally charge two different fees for the same service. In conclusion, Mr. Graffam confirmed that, following the merger, Comcast AT&T will be the largest cable company in the United States. Mayor Davis then announced that the public hearing was closed.

PETITIONS AND REQUESTS: There were none.

Mr. Turnbull reported on attending a conference in New York last week that focused on William H. White's work on the use of public space. He said he brought back some ideas he thought Greenbelt could use and was also impressed with the extent to which the City is already engaged in cutting-edge activities. He also said he brought the Green Ridge House-Zipcar car-sharing program to the attention of a research center in California that studies innovative transportation idea. To their knowledge, this is the first program anywhere attempting to link car-sharing with older and/or lower-income populations.

Mayor Davis congratulated the Recreation and Public Works Departments for the success of Greenbelt Day Weekend, especially noting Nicole DeWald's work on the community dance performance. She commented on the opening of the new playground at Buddy Attick Park, an anniversary event for the Knights of Columbus Council at St. Hugh's Church, and a celebration at Greenbelt Elementary School.

Mr. White commented on attending the concert band performance on the lawn in front of the Community Center and said it worked well as a venue.

Legislation to Amend the City Code Enforcement Program. Mayor Davis read the agenda comments. James Sterling, Supervisory Inspector, was present to answer questions.

An Ordinance to Amend Chapter 4, "Buildings and Building Regulations," of the Greenbelt City Code for the Purpose of Allowing the City to Update Sections of the Code, Replace Article III, and Establish Requirements for Property Inspections of Day Care Centers. Mr. Putens introduced the ordinance for second reading and adoption. Mr. White seconded.

ROLL CALL Mr. Putens - yes

Mr. Roberts - yes

Mr. Turnbull - yes

Mr. White - yes

Mayor Davis - yes

The ordinance was declared adopted (Ordinance No. 1216, Book 11).

An Ordinance to Amend Chapter 12, "Parks and Recreation," of the Greenbelt City Code for the Purpose of Allowing the City to Give Postings at Park and Recreation Facilities the Force of Law. Mr. Putens introduced the ordinance for second reading and adoption. Mr. Roberts seconded.

ROLL CALL Mr. Putens - yes

Mr. Roberts - yes

Mr. Turnbull - yes

Mr. White - yes

Mayor Davis - yes

The ordinance was declared adopted (Ordinance No. 1217, Book 11).

An Ordinance to Amend Chapter 14, "Planning and Development," of the Greenbelt City Code for the Purpose of Allowing the City to Update Certain Sections of the Code, Clarify the City's Authority to Enforce Sediment and Erosion Control Plans and Requirements, and Revise Fees for Erosion and Sediment Control Permits. Mr. White introduced the ordinance for second reading and adoption. Mr. Putens seconded.

ROLL CALL Mr. Putens - yes

Mr. Roberts - yes

Mr. Turnbull - yes

Mr. White - yes

Mayor Davis - yes

The ordinance was declared adopted (Ordinance No. 1218, Book 11).

Mayor Davis noted the memo from Celia Craze, Director, Planning and Community Development, laying out the process for instituting inspection for day care centers. Mr. Sterling said 22 licensed centers had been identified thus far. Mr. White asked if they were clustered in any one area, and Mr. Sterling said they were scattered throughout the City.

A Resolution to Repeal Resolution Number 931 and to Establish Service Charges for Garbage, Trash, and Recycling Collections in the City of Greenbelt, Maryland, Effective July 1, 2002. Mayor Davis read the agenda comments. Mr. Putens introduced the resolution for second reading and adoption. Mr. White seconded.

ROLL CALL Mr. Putens - yes

Mr. Roberts - yes

Mr. Turnbull - yes

Mr. White - yes

Mayor Davis - yes

The resolution was declared adopted (Resolution No. 948, Book 8).

A Resolution to Repeal Resolutions 930 and 947 and to Establish Admission Fees and Pass Rates for the Greenbelt Aquatic and Fitness Center, Effective September 2, 2002. Mayor Davis read the agenda comments. Mr. Roberts introduced the resolution for second reading and adoption. Mr. Putens seconded.

ROLL CALL Mr. Putens - yes

Mr. Roberts - yes

Mr. Turnbull - yes

Mr. White - yes

Mayor Davis - yes

The resolution was declared adopted (Resolution No. 949, Book 8).

A Resolution of the City of Greenbelt to Approve the Change of Control of the Cable Communications Franchise. Mayor Davis read the agenda comments. After again noting the concern he had raised during the public hearing regarding Comcast's practices on collecting user data, Mr. Putens introduced the resolution for first reading and moved suspension of Council's Standing Rules. Mr. Turnbull seconded the motion.

ROLL CALL Mr. Putens - yes

Mr. Roberts - yes

Mr. Turnbull - yes

Mr. White - yes

Mayor Davis - yes

Mr. Putens introduced the resolution for second reading and adoption. Mr. Turnbull seconded the motion.

In response to a question from Mr. White, Ms. Palau clarified that once Greenbelt has a second public access station up and running, the City will be able to establish a third one. She said she would remind GATE of the need to acquire the equipment for the second station. Mr. White also asked about bundling of services. Mr. Gaffam said Comcast has everything in place now except telephony and that AT&T will make that available when the time is right.

ROLL CALL Mr. Putens - yes

Mr. Roberts - yes

Mr. Turnbull - yes

Mr. White - yes

Mayor Davis - yes

The resolution was declared adopted (Resolution No. 950, Book 8).

End-of-the-Year Budget Adjustments: Mayor Davis read the agenda comments.

An Ordinance to Make a Supplemental Appropriation in the Cemetery Fund for the Fiscal Year Ending June 30, 2002, in the Amount of One Thousand Dollars ($1,000) for Additional Cemetery Fund Expenditures over the Appropriated Amount. Mr. Putens introduced the ordinance for first reading and moved suspension of Council's Standing Rules. Mr. Turnbull seconded.

ROLL CALL Mr. Putens - yes

Mr. Roberts - yes

Mr. Turnbull - yes

Mr. White - yes

Mayor Davis - yes

Mr. Putens introduced the ordinance for second reading and adoption. Mr. Turnbull seconded.

ROLL CALL Mr. Putens - yes

Mr. Roberts - yes

Mr. Turnbull - yes

Mr. White - yes

Mayor Davis - yes

The ordinance was declared adopted (Ordinance No. 1219, Book 11).

An Ordinance to Make a Supplemental Appropriation in the Debt Service Fund for the Fiscal Year Ending June 30, 2002, in the Amount of Twenty-five Thousand Dollars ($25,000) for Additional Interest Payments over the Appropriated Amount. Mr. White introduced the ordinance for first reading and moved suspension of Council's Standing Rules. Mr. Putens seconded.

ROLL CALL Mr. Putens - yes

Mr. Roberts - yes

Mr. Turnbull - yes

Mr. White - yes

Mayor Davis - yes

Mr. White introduced the ordinance for second reading and adoption. Mr. Putens seconded.

ROLL CALL Mr. Putens - yes

Mr. Roberts - yes

Mr. Turnbull - yes

Mr. White - yes

Mayor Davis - yes

The ordinance was declared adopted (Ordinance No. 1220 , Book 11).

An Ordinance to Make a Supplemental Appropriation in the Replacement Fund for the Fiscal Year Ending June 30, 2002, in the Amount of Fifty-Six Thousand Dollars ($56,000) for Additional Replacement Fund Expenditures over the Appropriated Amount. Mr. Turnbull introduced the ordinance for first reading and moved suspension of Council's Standing Rules. Mr. White seconded.

ROLL CALL Mr. Putens - yes

Mr. Roberts - yes

Mr. Turnbull - yes

Mr. White - yes

Mayor Davis - yes

Mr. Turnbull introduced the ordinance for second reading and adoption. Mr. Putens seconded.

ROLL CALL Mr. Putens - yes

Mr. Roberts - yes

Mr. Turnbull - yes

Mr. White - yes

Mayor Davis - yes

The ordinance was declared adopted (Ordinance No. 1221, Book 11).

An Ordinance to Make a Supplemental Appropriation in the Temporary Disability Reserve (Disability) Fund for the Fiscal Year Ending June 30, 2002, in the Amount of Twenty Thousand Dollars ($20,000) for Additional Disability Fund Expenditures over the Appropriated Amount. Mr. Roberts introduced the ordinance for first reading and moved suspension of Council's Standing Rules. Mr. Turnbull seconded.

ROLL CALL Mr. Putens - yes

Mr. Roberts - yes

Mr. Turnbull - yes

Mr. White - yes

Mayor Davis - yes

Mr. Roberts introduced the ordinance for second reading and adoption. Mr. Turnbull seconded.

ROLL CALL Mr. Putens - yes

Mr. Roberts - yes

Mr. Turnbull - yes

Mr. White - yes

Mayor Davis - yes

The ordinance was declared adopted (Ordinance No. 1222, Book 11).

An Ordinance to Make a Supplemental Appropriation in the Unemployment Compensation Fund for the Fiscal Year Ending June 30, 2002, in the Amount of Twelve Thousand Five Hundred Dollars ($12,500) for Additional Unemployment Compensation Fund Expenditures over the Appropriated Amount. Mr. Putens introduced the ordinance for first reading and moved suspension of Council's Standing Rules. Mr. Turnbull seconded.

ROLL CALL Mr. Putens - yes

Mr. Roberts - yes

Mr. Turnbull - yes

Mr. White - yes

Mayor Davis - yes

Mr. Putens introduced the ordinance for second reading and adoption. Mr. Turnbull seconded.

ROLL CALL Mr. Putens - yes

Mr. Roberts - yes

Mr. Turnbull - yes

Mr. White - yes

Mayor Davis - yes

The ordinance was declared adopted (Ordinance No. 12 23, Book 11).

An Ordinance to Make an Appropriation in the 2001 Bond Fund for the Fiscal Year Ending June 30, 2002, in the Amount of Forty Thousand Dollars ($40,000) for Bond Counsel and Architectural Services. Mr. White introduced the ordinance for first reading and moved suspension of Council's Standing Rules. Mr. Turnbull seconded.

ROLL CALL Mr. Putens - yes

Mr. Roberts - yes

Mr. Turnbull - yes

Mr. White - yes

Mayor Davis - yes

Mr. White introduced the ordinance for second reading and adoption. Mr. Turnbull seconded.

ROLL CALL Mr. Putens - yes

Mr. Roberts - yes

Mr. Turnbull - yes

Mr. White - yes

Mayor Davis - yes

The ordinance was declared adopted (Ordinance No. 1224, Book 11).

An Ordinance to Make a Supplemental Appropriation in the Community Development Block Grant Fund for the Fiscal Year Ending June 30, 2002, in the Amount of Fifty Thousand Dollars ($50,000) for Additional Community Development Block Grant Fund Expenditures over the Appropriated Amount. Mr. Turnbull introduced the ordinance for first reading and moved suspension of Council's Standing Rules. Mr. White seconded.

ROLL CALL Mr. Putens - yes

Mr. Roberts - yes

Mr. Turnbull - yes

Mr. White - yes

Mayor Davis - yes

Mr. Turnbull introduced the ordinance for second reading and adoption. Mr. Putens seconded.

ROLL CALL Mr. Putens - yes

Mr. Roberts - yes

Mr. Turnbull - yes

Mr. White - yes

Mayor Davis - yes

The ordinance was declared adopted (Ordinance No. 1225, Book 11).

An Ordinance to Make a Supplemental Appropriation in the General Fund for the Fiscal Year Ending June 30, 2002, in the Amount of Six Hundred Twenty Thousand Dollars ($620,000) for Additional Expenditures over the Appropriated Amount. Mr. Roberts introduced the ordinance for first reading and moved suspension of Council's Standing Rules. Mr. Putens seconded.

ROLL CALL Mr. Putens - yes

Mr. Roberts - yes

Mr. Turnbull - yes

Mr. White - yes

Mayor Davis - yes

Mr. Roberts introduced the ordinance for second reading and adoption. Mr. Putens seconded.

ROLL CALL Mr. Putens - yes

Mr. Roberts - yes

Mr. Turnbull - yes

Mr. White - yes

Mayor Davis - yes

The ordinance was declared adopted (Ordinance No. 1226, Book 11).

A Resolution for Re-Appropriation of Funds Within Departments in the General Fund for the Fiscal Year Ending June 30, 2002. Mr. Putens introduced the resolution for first reading and moved suspension of Council's Standing Rules. Mr. White seconded.

ROLL CALL Mr. Putens - yes

Mr. Roberts - yes

Mr. Turnbull - yes

Mr. White - yes

Mayor Davis - yes

Mr. Putens introduced the resolution for second reading and adoption. Mr. White seconded.

ROLL CALL Mr. Putens - yes

Mr. Roberts - yes

Mr. Turnbull - yes

Mr. White - yes

Mayor Davis - yes

The resolution was declared adopted (Resolution No. 951, Book 8).

ADOPTION OF THE BUDGET: Mayor Davis noted that the suggested approach was that Council discuss the transfer to the new police retirement system first and decide among the options for funding it. She then read the agenda comments.

As directed by Council at its June 3, 2002, work session, staff had provided four proposals for dealing with the proposed change in retirement system. Proposal A assumed no change in plan. No Council member made a motion in support of Proposal A. Proposals B-D made various assumptions regarding the actual cost of the change in retirement plan, the amount of several specific expenditures, and the tax rate for real property. In the process of considerable discussion, several motions were made in support of new configurations of these items, which were identified as Proposals E-H. There was difference of opinion on whether it was best to minimize the property tax increase for next year by deferring some expenditures on a one-time basis or whether it was best to implement a larger tax increase up front. Mr. Roberts moved approval of Proposal H as a compromise on that issue. The motion was seconded by Mr. Putens and passed 4-1 (Turnbull).

Proposal H would result in a total real property tax increase of $0.0281 per $100 over the Fiscal Year 2002 rate and included the following amendments to the budget as it stood following the last regularly scheduled budget work session on May 22, 2002:

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