REGULAR MEETING OF THE GREENBELT CITY COUNCIL held March 13, 2006.

Mayor Davis called the meeting to order at 8:03 p.m.

ROLL CALL was answered by Councilmembers Konrad E. Herling, Leta M. Mach, Edward V. J. Putens, Rodney M. Roberts, and Mayor Judith F. Davis.

ALSO PRESENT were Michael P. McLaughlin, City Manager; John F. Shay, Jr., City Solicitor; David E. Moran, Assistant City Manager; and Kathleen Gallagher, City Clerk.

Mayor Davis asked that everyone observe a moment of silence in memory of Greenbelt residents Anne Ellen Sucher, Anna L. Hatch, and Harry Isaac Cohn. She then led the pledge of allegiance to the flag.

CONSENT AGENDA: It was moved by Mr. Putens and seconded by Mr. Herling that the consent agenda be approved as presented. The motion passed 5-0.

Council thereby took the following actions:

MINUTES OF COUNCIL MEETINGS

- Interview, February 27, 2006
- Regular Meeting, February 27, 2006
- Work Session, March 2, 2006
- Interview, March 6, 2006
Approved as presented.

ADVISORY PLANNING BOARD/PARK & RECREATION ADVISORY BOARD, REPORT #06-02 (NORTHWAY FIELDS MASTER PLAN) : Council received this report and agreed to consider it later, when the topic is ready to be scheduled for a work session to brief Council on the plan.

TRASH-FREE POTOMAC ACTION AGREEMENT : Council approved the signing by Mayor Davis of this agreement.

RESIGNATION FROM ADVISORY GROUP : Council accepted with regret the resignation of Michelle Thomas from the Community Relations Advisory Board.

APPOINTMENT TO ADVISORY GROUP : Council appointed Bradley Burt to the Youth Advisory Committee.

REAPPOINTMENT TO ADVISORY GROUP : Council appointed Jeff Morisette to a new three-year term on the Advisory Committee on Education.

APPROVAL OF AGENDA: Mayor Davis asked to add to the agenda as item #22 “ Greenbelt Crossing – Detailed Site Plan.” It was moved by Mr. Putens and seconded by Mr. Herling that the agenda be approved as amended. The motion passed 5-0.

PRESENTATIONS

ACE Educator Awards Ceremony: Mayor Davis introduced Raymond Peterson, chair of the Advisory Committee on Education (ACE). The Mayor noted that County Councilmember Douglas Peters and County School Board Member José Morales were present. Because the General Assembly was in session in Annapolis, the Delegates were represented by Legislative Aide Joshua Berman, and Senator Pinsky was represented by Legislative Aide David Kahn. Dr. Peterson introduced the ACE members in attendance, including Alla Lake, Paul Sciubba, Jeff Morisette, Lauretta Baugh, Kathy Lewis, and Kilolo Ajanaku. He thanked County Councilmember Peters and State Delegate Anne Healey for funding support for the ACE Scholarship fund. He acknowledged staff liaison Wendy Wexler, Council liaison Leta Mach, and ACE Reading Club Director Liz Murray. He then gave a brief overview of the programs supported by ACE and described the awards to be presented to the ACE Educators.

Dr. Peterson presented awards to the following people, whose families and co-workers were also acknowledged:

Greenbelt Elementary School Donna Behe – Guidance Counselor

Springhill Lake Elementary School Regina Clay – Special Education Resource Teacher/Department Chair

Magnolia Elementary School Dorette Gamble-Bennett – Kindergarten Teacher

St. Hugh 's School Erica Henson – First Grade Teacher

Greenbelt Middle School Wayne Davis – Guidance Counselor (absent)

Eleanor Roosevelt High School Kathleen McPartland – Social Studies Teacher (accepted by Principal Sylvester Conyers)

Mayor Davis thanked the teachers and ACE members for their ongoing work and participation. She also recognized the former ACE award winners in the audience.

PETITIONS AND REQUESTS: None.

MINUTES OF MEETINGS
Executive Session of February 22, 2006: Mr. Roberts moved that the minutes of the executive session of the City Council held Wednesday, February 22, 2006, be approved as presented. He further requested that the minutes of this meeting reflect that the Council met in executive session at 8:34 p.m. in the Senior Classroom of the Community Center. Council held this closed meeting in accordance with Section 10-508 (a)(4) of the State Government Article of the Annotated Code of Public General Laws of Maryland to consider a matter concerning a proposal for a business to locate, expand, or remain in the City. The topic was a request for assistance from Beltway Plaza. Mr. Putens seconded the motion.

ROLL CALL: Mr. Herling - yes
Ms. Mach - yes
Mr. Putens - yes
Mr. Roberts - yes
Mayor Davis - yes

ADMINISTRATIVE REPORTS

The following items and events were mentioned:

Mr. McLaughlin: Funding of three of the City’s four applications for Livable Communities grants from the county; upcoming broadcast by Fox Channel 5 from the New Deal Café; razing of the Jaycees’ Clubhouse over the weekend.

Mr. Herling: a Prince George’s County Arts Council meeting; determination that the Arts Center lease expires July 31, 2006; a concern from GATE as to whether their fall film festival would conflict with the schedule for renovating the theater (Mr. McLaughlin asked that GATE submit the concern to him in writing).

Mr. Putens: Since he is chairing the Small Cities Committee of the National League of Cities (NLC), the June 9 Small Cities Committee meeting will be held in Greenbelt. June 10 will be Small Cities and Towns Day.

Ms. Mach: County Councilmember Peters’ education reception, the GIVES quarterly meeting, Not for Seniors Only event, the Empty Bowls project, and the Fire Department and Ladies Auxiliary annual awards.

Mayor Davis: the Strengthening Families graduation; the Recreation Department’s exhibit from the Aftercare Program; the City’s Mid-Term Legislative Dinner; Cpl. Carolyn Breck’s retirement event; the National League of City’s Congressional City Conference currently underway in D.C.; the April 1 deadline for entries in the “If I Were Mayor” contest; and the April 28 deadline for the PGCMA annual scholarship program.

LEGISLATION

A Resolution to Negotiate the Purchase of a Two-Ton Truck Chassis from Tysons Ford of Vienna , Virginia

The Mayor read the agenda comments. Mr. Roberts described the way he does this type of work and said he thought Public Works should consider doing it in house. Mr. Hall said that he was not sure Public Works staff had the expertise, the right tools, or the time to do it. He said he was getting a new bid tonight and would compare it with what he had. Mr. Roberts introduced the resolution for second reading and moved that it be adopted. Mr. Herling seconded the motion.

ROLL CALL: Mr. Herling - yes
Ms. Mach - yes
Mr. Putens - yes
Mr. Roberts - yes
Mayor Davis - yes

The resolution was declared adopted (Resolution No. 999, Book 8).

A Resolution to Negotiate the Purchase of Landscape and Mowing Services from TruGreen LandCare of Ashton, Maryland

Mayor Davis read the agenda comments. Mr. Putens introduced the resolution for first reading. The Mayor said this work was more extensive than what she had expected to be contracted out, and she asked what mowing would continue to be done by Public Works staff. Mr. McLaughlin said primarily the ball fields. He added that no staff would be let go, although there would be some reassignments to make full use of existing staff. Mayor Davis asked if the City cut an area near Mandan Terrace that she did not want to see overlooked. Mr. McLaughlin said he would check to see if it was the City or the homeowners’ association.

MOU WITH ACADEMY THEATERS LLC REGARDING BELTWAY PLAZA THEATERS: Mayor Davis read the agenda comments. Mayor Davis said there was to be some mention in the Memorandum of Understanding (MOU) regarding competition between the theaters at Beltway Plaza and the Old Greenbelt Theatre. It was suggested that the best way to state it would probably be to say they would not show the same movie at the same time. Ms. Mach said the other two conditions for revisiting the MOU had been omitted as well: change of ownership of the theater business and expansion of the theaters. Mr. McLaughlin said this agreement was only with the company formed by Beltway Plaza to own the theaters and would have to be renegotiated with a new owner. The Mayor announced that this item was being presented only for information tonight and would return for action next meeting.

COMMENTS ON INTERCOUNTY CONNECTOR ENVIRONMENTAL IMPACT STATEMENTS: The Mayor read the agenda comments. After brief discussion of items that might be added to the letter, it was moved by Mr. Roberts and seconded by Mr. Putens that Council approve the sending of the draft letter. The motion passed 5-0.

STATE LEGISLATION : Rather than reading the agenda comments, the Mayor asked Mr. Moran to explain each of the following items of legislation.

Reference: HB 686
HB 1020
HB 1630/SB 1021
E-mail, Megan Elsener, 3/7/2006

House Bill 686 – Delinquency Prevention and Diversion Services Task Force: Mr. Moran said the task force would include two Youth Service Bureau representatives, and the bill is supported by the Maryland Association of Youth Service Bureaus. It was moved by Mr. Putens and seconded by Mr. Roberts that Council support HB 686. The motion carried 5-0.

House Bill 1020 – Increase in State Police Aid: The state provides annual police aid to municipalities. The formula for distribution has a number of factors, including providing $1,800 per officer. HB 1020 would increase this amount to $2,400 per officer. Mr. Moran said the MML Legislative Committee had voted to support it. It was moved by Mr. Putens and seconded by Mr. Herling that Council support HB 1020. The motion carried 5-0.

Senate Bill 1021/House Bill 1630 – Capital Area Food Bank Bond Bill: Mr. Moran said the City partners with the Food Bank on the brown bag program, and the Food Bank has asked its partners to support this bill. He noted that the City’s three delegates are co-sponsors. It was moved by Ms. Mach and seconded by Mr. Herling that Council support SB 1021 and HB 1630. The motion carried 5-0.

SELECTION OF AUDIT SERVICES FOR FY 2006 : Mayor Davis read the agenda comments. It was moved by Mr. Putens and seconded by Ms. Mach that Council direct staff to request a proposal from Clifton Gunderson for the FY 2006 audit and to request them to give a brief presentation on the results of the FY 2005 audit. The motion carried 5-0.

CITY COUNCIL VOTING PROCEDURES: The Mayor read the agenda comments and noted that there was a letter of opinion in Council’s packet from Robert Manzi recommending that either the City Charter or the City Council’s Standing Rules be amended to clarify the Charter’s ambiguity regarding what actions require having at least three affirmative votes when a three-member quorum is present. In response to a question from the Mayor, Mr. Shay said it would be easier to change the Standing Rules and that the Rules can be used to explain or supplement the Charter. The Mayor asked if that clarification could be either 1) that three affirmative votes were required or 2) that a majority of those present could conduct any business. Mr. Shay said it could be changed to say whatever Council wanted: it could be changed, for example, to make it clear that at least three affirmative votes would be required to adopt an ordinance or resolution but for anything else a majority of members present would suffice; or it could be changed to make it clear that at least three affirmative votes were needed to take any action.

Mr. Roberts said he thought if there was any doubt about the vote, the vote should simply be retaken. Ms. Mach agreed with reaffirming the vote but said she thought the ambiguity needed to be cleared up for the future. After clarifying with Mr. Shay that it was acceptable to use the Standing Rules to explain what the Charter means, she said she assumed what the Standing Rules would be amended to say would be that a majority of those present may take any action other than passage of an ordinance or resolution provided a quorum has been established. Mayor Davis emphasized the need to maintain existing language stating the exceptions that require at least four votes (a “super majority”) to take certain actions. Ms. Mach agreed. Mr. Putens said he was in complete agreement with Ms. Mach’s statement of what the requirement should be. Mayor Davis said she thought it would most likely be situations involving ordinances, resolutions, and exceptions requiring super-majorities where actions might be controversial and where one would want at least three affirmative votes. Mr. Roberts was less certain about how the matter was being stated, saying he wanted to proceed carefully to be sure that existing standards were not lowered.

It was mentioned that it was quite unusual for the Greenbelt City Council to have only three members in attendance at a regular meeting, let alone to have a split vote among the three, but Mr. Shay emphasized that it was a situation that could also arise if one or more members had to recuse themselves or if there were a vacancy on a Council.

Mr. McLaughlin said that he agreed that changing the Standing Rules would be easiest but that he wanted to remind Council that Standing Rules were specific to a Council and could be revised by subsequent Councils. He said amending the Charter would be a more formal and permanent fix. Ms. Mach said she tended to agree with Mr. McLaughlin, and there was consensus to approach the matter by amending the Charter.

Ms. Mach moved that Council direct staff to draft a proposed charter amendment to deal with the ambiguity presently in the Charter by making it clear that a majority of those present may take any actions other than passage of ordinances or resolutions, provided that a quorum has been established, with the exception of those situations defined in the Charter as requiring four affirmative votes. Mr. Putens seconded the motion, which carried 5-0.

GREENBELT CROSSING – DETAILED SITE PLAN: In a reaffirmation of the vote taken at the February 27 regular meeting, it was moved by Ms. Mach that Council approve the detailed site plan with the five conditions that had been presented in the staff recommendation. Mr. Putens seconded the motion, which passed 4-1 (Roberts).

MEETINGS: Council reviewed the meeting schedule. It was agreed to add the Northway Fields Master Plan as a work session for later scheduling.

ADJOURNMENT: A motion to adjourn the meeting was made by Ms. Mach and seconded by Mr. Putens. The motion carried 5-0. The Mayor adjourned the regular meeting of March 13, 2006, at 10:05 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 March 13, 2006."
Judith F. Davis
Mayor

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