MINUTES OF THE CITY COUNCIL WORK SESSION held Monday, June 17, 2002, for the purpose of discussing a model for legislation to provide a land preservation plan for woodland and park areas in Greenbelt.

Mayor Davis started the meeting at 8:05 p.m. It was held in the Council Room of the Municipal Building.

PRESENT WERE: Council members Edward V. J. Putens, Rodney M. Roberts, Alan Turnbull, and Mayor Judith F. Davis.

STAFF PRESENT WERE: Michael P. McLaughlin, City Manager; Celia W. Craze, Director, Planning and Community Development; and Kathleen Gallagher, City Clerk.

ALSO PRESENT WERE: Paul Downs, Committee to Save the Green Belt; 15-20 interested residents; and Amy Boyes, the Gazette.

Following introductions, Ms. Craze gave an overview based on her memo to the City Manager of February 28. She said staff had been charged with devising a plan to protect the natural lands owned by the City. Staff believes the State Wildlands Program, wherein certain state park lands are designated as "wild lands" and are brought under legislative protection, would provide a good model. The staff proposal is for a similar program where certain lands would be protected by the City Council. The best mechanism for doing this is not clear-cut, but the City Solicitor has recommended establishing the program initially by ordinance, with any future changes to be made by resolution, and with a provision to allow citizens to petition to referendum any changes initiated by Council resolution. The City Solicitor has also advised that to stipulate a super majority vote of Council to make a change to the ordinance would require an amendment to the City Charter, since a simple majority is otherwise assumed for Council actions.

There was some discussion of the state’s requirement for revising the charter.

Since it was Mr. Roberts who had originally requested that Council take action on preserving the land, Mayor Davis asked him if this plan would meet his expectations. He said he thought it would.

Mr. Downs spoke in support of requiring a super majority of Council to amend the program.

Ms. Craze commented that there should be language stating that unless an action is explicitly permitted, it is prohibited.

Mr. Putens asked about utility easements. Ms. Craze said if an easement already exists, it could be maintained. The City exerts a great deal of control over granting permission for utility easements, though there is no totally failsafe way to protect City land from condemnation proceedings. She said for Parcels 1 and 2, the easements already exist; for Schrom and Parcel 15, there might be more of an issue.

There was discussion of liability issues. Mr. Turnbull said under state law, as long as the land is open to public use without fee, the City’s liability is limited to structural hazards.

There was discussion of the extent to which trails should be maintained. Mr. Roberts said they should not be. Mr. Turnbull did not agree, though he thought a public group should determine what work should be done, not City staff. Mayor Davis suggested the Park & Recreation Advisory Board (PRAB) and the Advisory Committee on Trees (ACT) could perform that function rather than a new body. The issue was not resolved, but Mr. Turnbull said the plan should not eliminate all provision for needed and protective maintenance on trails. Ms. Craze said the state program did not provide for maintenance, but Mayor Davis asked her to find out what their practice is.

Ms. Craze said there might be a need for specific reference to structures that are added casually to the area, such as foot bridges or children’s tree forts. Mr. Roberts said this type of issue is below the level of a broad dedication of the woodlands, and it was not his intention to prohibit such use under this plan. Mr. Putens remarked that what starts as a small undertaking often escalates into a larger one, for example, if an adult decides to enhance a child’s tree fort.

In response to a question raised by a resident, there was discussion of specifying mountain bikes as prohibited. There was also discussion of the meaning of "motor vehicles" and "mechanical transport" and what kinds of wheel chairs would be exceptions.

Mr. Robert raised the issue of what land would be included, noting that the 72 acres between Parcels 1 and 2 (making up 184 contiguous acres) should be included. Ms. Craze also asked about the perimeter trail land and Parcel 15. Mr. Turnbull said everything should be included that meets the definition of "woodland" but does not already have its own management plan.

Mr. Downs stressed the importance of giving one or more names to the land areas in question for the purpose of making them recognizable and giving them identity as protected land. He noted a comment made previously by Mr. Turnbull that names like "Parcel 1 and 2" make the land a target for developers. Ms. Craze said the name used in her memo, "Greenbelt Natural Reserve Area Program," was intended to refer to the whole plan and program, not necessarily to be a name for the woodlands themselves. There was discussion of holding a name contest.

A resident who serves on the Greenbelt Homes, Inc. (GHI) Woodlands Committee expressed some concern about the City having a "no maintenance" policy on its land while GHI is attempting to control exotic invasives. Mr. Roberts said that, for the most part, the movement of exotic invasives would be from people’s yards outward rather than vice versa, so he didn’t think it would be a problem.

Mr. Turnbull asked what "landscape modification" meant as a prohibited activity in the document, adding that he was supportive if it meant changing grading, but not necessarily so if it meant invasive species modification. Again, he said he would see a difference in what the City might do versus what the citizens could do. Ms. Craze suggested having a resource management plan, which could provide more detail and be referenced, might be better than attempting to include too much in the legislation itself.

Council agreed to refer the plan to PRAB, ACT, the Advisory Planning Board, and the Youth Advisory Committee for their review in September, after staff has had the opportunity to work on it further.

Mayor Davis thanked Ms. Craze for the staff’s work on this, saying the City has been trying to find a way to deal with the subject for several years, and this proposal will finally give direction to the effort.

Other Business

Mr. McLaughlin said the City of La Plata will hold a reception Monday evening at the Maryland Municipal League conference for all the agencies who provided aid to them. An appreciation day will also be held on June 28.

Mayor Davis reported that she had breakfast with Shukoor Ahmed, who is running for state delegate. She has agreed to meet with any of the candidates who request it.

The meeting ended at 9:20 p.m.

Respectfully submitted,
Kathleen Gallagher
City Clerk

 

 

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