REGULAR MEETING OF THE GREENBELT CITY COUNCIL held May 29, 2007.

Mayor Davis called the meeting to order at 8:02 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; Robert A. Manzi, Jr., City Solicitor; David Moran, Assistant City Manager; and Kathleen Gallagher, City Clerk.

Mayor Davis asked that everyone observe a moment of silence in memory of former resident Jerry Jenkins, Sr., as well as all the members of the U.S. armed forces whose lives have been lost in service. 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

- Regular Meeting, April 23, 2007
- Work Session, April 30, 2007
- Work Session, May 7, 2007
- Regular Meeting, May 14, 2007
- Work Session, May 16, 2007
Approved as presented.

ADOPTION OF BOARD OF APPEALS VARIANCE RESOLUTION #06-003-V: No requests for oral argument having been filed, the City Council adopted this resolution by consent, as required by the zoning legislation.

APPROVAL OF AGENDA : Mr. Putens asked to add “Appointment to Advisory Group” to the agenda as item #19. It was moved by Mr. Putens and seconded by Ms. Mach that the agenda be approved with that addition. The motion passed 5-0.

PRESENTATIONS

Memorial Day Poppy Presentation - Unit 136, American Legion Auxiliary : The American Legion held its commemoration of Memorial Day on May 28. In honor of this annual remembrance of those who have died in combat while serving in the armed forces, officers of the American Legion Auxiliary attended the meeting. State Vice President Rusty Beeg spoke about the significance of the distribution of poppies. Greenbelt Post 136 Sergeant-at-Arms Verna Rupert and Secretary Rosita Dietrich also attended.

Lions Club – Contribution to Recreation Department : Greenbelt Lions Club President Lynda Varda and members Marsha Voigt, Rick Jones, and Ron Wells attended the meeting to present a $2,000 check to the Recreation Department for purchase of CPR equipment for the Aquatic & Fitness Center. Joe McNeal, Assistant Director, Recreation, and Aquatic & Fitness Supervisor Stephen Parks received the check and thanked the Lions for their support over the years.

MML Certificates : Mayor Davis also presented the following certificates from the Maryland Municipal League: Councilmember Putens and Mr. McNeal for serving on the Convention Planning Committee and Councilmember Mach for serving on the Communications Committee.

Centennial of Rachel Carson’s Birth – Proclamation : Rachel Carson is credited with inaugurating the modern environmental movement with her 1962 landmark book, Silent Spring. Mayor Davis read a proclamation in recognition of the Centennial of Carson’s birth, which was received by Neal Barnett, chair of the Recycling & Environment Advisory Committee. Mr. Barnett introduced the other committee members present, Mary Chapman and Ed James.

A Few Minutes of Stress Reduction - Greenbelt Om Community Yoga : The representatives from Greenbelt Om were unable to attend as planned, but resident and audience member Elena Khazanova came forward to lead a short period of relaxation and meditation.

PUBLIC HEARINGS

Public Hearing on the Proposed FY 2008 Budget : Mayor Davis read the agenda comments for the first of three public hearings. She then announced the meeting to be recessed for the public hearings.

Joan Falcão, 114 Julian Court, presented petitions from 215 additional residents asking that the tax rate not be increased for FY 2008. She said her purpose was to expand the dialogue on the budget. She said residents want a sustainable level of City services, not a level requiring continual increases. She said four residents had made suggestions for cutting the budget at the first public hearing but did not think their ideas had been taken seriously. She said they thought the City Council was out of touch with how people feel and that perhaps the Council relied too heavily upon the suggestions of the City Manager. She said Berwyn Heights, Laurel, College Park, Bowie, and Hyattsville are not raising their tax rates. She said the approach to the budget should be that “the City should just do the best it can with whatever budget the City Council gives it.” Mayor Davis responded that the suggestions made earlier were not being ignored. For example, Council will raise with the state the issue of the gap on rental assessments.

Mary Chapman, 6-B Ridge Road, spoke in strong support of Greenbelt’s provision of social services, including the GAIL program and the addition of a case manager. She pointed out that funding is being cut at the federal, state, and county levels and that if Greenbelt does not support these programs, no one else will.

Elizabeth Gaines, 13 Lakeside Drive, said her family had moved here more than 11 years ago. She said what is available to Greenbelters is exceptional and that the community funds “from young to old.” She said the suggestion made previously that the Council should cut the City’s budget 2% across the board to maintain the existing tax rate was irresponsible. She said across-the-board cuts do not look at specifics. She said she is grateful to the Council for the work it puts in.

Bob Fireovid, 114 Julian Court, said they have signatures from almost 250 people who disagree with the rate increase. He said the question should be put on the ballot. There should be substantive questions on the survey distributed at the time of the election regarding the tax rate and City services. The Council should appoint a citizen task force to review all spending, budgets, and contracts; people who are interested in reducing costs should be appointed. He said the City should make across-the-board cuts and that even the governor is doing so this year.

Willis Witter, 16 Empire Place, said he had become aware of the issue through the petition. He said that the revenue from increased assessments should be adequate without a tax rate increase. He said this rate of response on a petition very high.

Martin Murray, 167 Research Road, noted that the Police Department takes more than 40% of the City budget. He said he believes his security lies not in the Police Department but in the retired couple who lives next door to him and is being driven out by the increasing taxes. He criticized the lack of police presence at Roosevelt Center. He said the Police Department has become a fiefdom of its own that is also causing morale problems for other City employees.

Leonie Penney, 127 Northway, said she had lived in Greenbelt for 50 years this month. She read a letter she had submitted to the Greenbelt News Review describing the value she gets for her taxes in the City. She said residents get more for their taxes at the local level and that this is not where cuts should be sought. She stressed the importance of spending money on preventing problems rather than curing them. She said the GAIL program, for which she supported the addition of a case manager, is a national model. She said everyone must weigh whether a reduction in the tax rate is worth the loss of services that would result.

Bill Orleans, who did not give his address in Greenbelt, said he has long supported a tax increase but does not think it should go toward paying additional Council salaries.

Sue Krofchik, 6 Fayette Place, said that even though every year she wishes taxes would not need to go up, she nevertheless supports the budget.

Marc Siegel, 16 Maplewood Court, president of the Lakeside Homeowners Association, said that when the residents voted for collective bargaining, they knew it would come with a price tag. He said people are never happy to have their taxes go up and will inevitably express displeasure with increasing the tax rate if asked. He said that is what people said on the petition, but what did they mean? In his opinion, what they meant was that they wanted to see more value for their taxes: more community policing, for example, and the lake in Greenbelt’s “premier park” fixed. The City Manager noted that there is funding for Greenbelt Lake in the FY 2008 budget.

Mayor Davis also noted two communications she had received from residents opposing the increase.

Kathy Legendre, 2-M Eastway, said the budget should be cut. She said everyone is being forced to take cuts at work and reduce their personal budgets, and the City should do so, too.

Clement Lau, 6 Greentree Place, said the increased assessments should be enough, and expenses should be cut to keep them in line with revenue. He said it was important to maintain the reserves and encouraged finding new sources of revenue. He questioned the need for a permanent capital projects manager for what appeared to be a temporary situation. Mr. McLaughlin clarified than an increase in apartment inspection fees would offset the cost of the capital projects manager.

David Lange, 12 Pinecrest Court, said he thought Ms. Penney had put her finger on the right issue when she cited the need to pay for prevention rather than cures. He said the police are important in that effort as well. He said people who choose to live in Greenbelt appreciate the services. He said everyone who voted in support of collective bargaining knew there would be a price for it.

The Mayor thanked everyone and said she knew all of Council had heard from people on both sides of the question.

Public Hearing on Constant Yield Tax Rate : Mayor Davis read the agenda comments and announced that the public hearing on the Constant Yield Tax Rate was open for comment. No one had any additional comment on the tax rate. The Mayor announced the City’s property tax rate would be set when the FY 2008 budget is adopted at the Council meeting to be held on June 4, 2007, at 8:00 p.m. in the Council Room of the Municipal Building.

Public Hearing on the Revision to the Forest Preserve Article and the Approval of the Management and Maintenance Guidelines : Mayor Davis read the agenda comments and asked if there were people who wished to speak. Peter Blank, 1-B Plateau Place, identified himself as co-chair of the Greenbelt Homes, Inc. (GHI) Woodlands Committee and said that he and Matt Berres had been authorized by the GHI Board to express concerns regarding some of the prohibitions included in the Management and Maintenance (M&M) Guidelines. The items they wished to question were that trail clearing is illegal, no improvements are allowed, no replacement is permitted of structures like bridges, trail markers are prohibited, and formal trails are restricted to Parcel D, if permitted at all. He said that for the most part, they considered it to be a great plan, but they did not think that the improvement and maintenance of trails would harm the forest’s health.

Mayor Davis responded that both the City Council and, particularly, the Forest Preserve Task Force had spent a great deal of time discussing the balance that should be established between management and not intervening in natural processes. She said not everyone would agree on where the line should be drawn and that the City and GHI can decide differently for their woodland areas. Keith Chernikoff, 210 Lastner Lane, who served as chair of the former Forest Preserve Task Force, gave an overview of the task force’s thinking on the issue of trail maintenance. He said there are many good-spirited people who can place the forest at risk and have long-term impacts based on their personal perspectives of what should be done. He said the Guidelines do allow for temporary trail markings, though not permanent ones. He said the task force opted for a minimalist approach. In terms of path clearing, for example, they believed that the woodlands would heal itself.

Izolda Trakhtenberg, 3-H Plateau Place, agreed, saying that a fallen tree has a function and protects the path from erosion. She said the only thing she does in the woods is to pick up trash. She urged Council to keep the preserve as primitive, wild, and green as possible.

Marc Siegel, who served as vice-chair of the task force and liaison to the Park & Recreation Advisory Board (PRAB), said that PRAB thinks in terms of there being different “experience zones” in Greenbelt, ranging from the manicured to the primitive, which are not intended to be maintained in the same way or serve the same functions. He said there are maintained trails elsewhere than the Forest Preserve. He said the M&M Guidelines are a living document, however, and that feedback from GHI is welcome.

Midge Cruz, 8-P Laurel Hill Road, said she favored not making it easy for people to tramp through the woods of the Forest Preserve. She said we have encroached enough on wildlife and need to preserve what we have left.

Paul Downs, 12-A Parkway, representing the Committee to Save the Green Belt, thanked the task force for the Guidelines. He said the committee particularly appreciated the understanding of the different types of trails. He said there are plenty of places for walking in Greenbelt and in the area: parks with marked trails that are suitable for walking and talking. The purpose of the Forest Preserve was to set apart a relatively small piece for primitive trails, which are explicitly intended to be different.

Susan Barnett, 51-C Ridge Road, also thanked the task force “for having had these conversations. She noted that earlier in the process the Forest Preserve was referred to as “Wildlands.” She said she liked that name and that Greenbelt should protect its wild lands and fallen trees.

Ed James raised the issue of the gardens, noting that, ironically, in this case the trees are killing the gardens, which are also a piece of Greenbelt’s history. The Mayor said the gardens are an existing use under the Guidelines and are to be maintained. She said the Garden Club should get in touch with the Public Works Department, which will clear overgrowth.

Matt Berres, 1 Lakeside Drive, spoke as landscape manager for GHI and the GHI staff liaison to the Woodlands Committee. He said he is also a member of the City’s Recycling & Environment Advisory Committee. Mr. Berres said he did not think the City was being realistic about the nature of the woods that make up the Forest Preserve. He said this is not wilderness and that the reality is that people walk through these woods and have an impact. He said it is less destructive to maintain trails and keep people on them than to let people meander through the woods at will. He said there are also problems that need to be addressed, including invasive species, unleashed dogs, and feral cats. He said that if the woods could take care of themselves, invasives would not be a problem and that it is up to people to manage the woods because of the damage people have already done. He said GHI’s approach is to keep people on trails, make the trails as narrow as possible, and keep vegetation at the side of the trails to stop erosion. It was subsequently noted that unleashed dogs are addressed for all City-owned property elsewhere in the City Code.

 Mr. Roberts replied that the Guidelines provide for a forester to evaluate the health of the woods and that some aspects might be reevaluated on the basis of that. He said he would prefer to see a forest biologist of some type rather than a forester. He also told Mr. Berres about a drainage pipe in the GHI woods that is a problem.

Ruth Kastner, 125 Hedgewood Drive, said she had served as a member of the task force and could only ask, “Where were you for a year-and-a-half?” She said the task force had debated the trails issue at very great length and that it could be debated forever. She said she wanted it understood that they had addressed this in a serious and substantive manner. Ms. Kastner and Mr. Chernikoff also discussed provisions in the Guidelines for extreme problems that might need to be managed, with these matters being referred back to the City Council for decision.

Luisa Robles, 32-F Ridge Road, who also served on the task force, said she thought Mr. Siegel’s “experience zones” well described the concept that not every woods and every trail in Greenbelt has to be the same. She confirmed that the Guidelines do speak on a case-by-case basis to addressing problems that require intervention. She also reminded Council that there had been discussion of providing a name for the Forest Preserve.

Midge Cruz spoke again to say there are ongoing problems with gunshot noise from the woodlands, which impacts wild life as well as people. She said she had been unable to get information or response from the Police Department. There was discussion of the various possible sources of gunfire in that location, and Council directed Mr. McLaughlin to look into the police response issue.

Jean Snyder, 15 Parkway, Craig Tooley, 123 Northway, and Mark Christal, 53 Ridge Road, expressed appreciation for the work of the task force. Mayor Davis said that three residents had also conveyed their support for the ordinance and Guidelines via e-mail: Cam MacQueen, 18-D Ridge Road, Peter May, 19-Q Ridge Road, and Katrina Boverman, 3-C Gardenway.

The Mayor declared the public hearings to be concluded and the regular meeting resumed.

PETITIONS AND REQUESTS : None.

MINUTES OF MEETINGS

Executive Session, May 7, 2007: Mr. Roberts moved that the minutes of the executive session of the City Council held Monday, May 7, 2007, be approved as presented. He further requested that the minutes of this meeting reflect that the Council met in executive session at 9:05 p.m. in the Library of the Municipal Building. Council held this closed meeting in accordance with Section 10-508 (a)(1) of the State Government Article of the Annotated Code of Public General Laws of Maryland to discuss a performance evaluation. Mr. Putens seconded the motion.

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

ADMINISTRATIVE REPORTS

Mr. McLaughlin noted that the upcoming weekend would be Greenbelt Day Weekend.

Ms. Mach reported on attending a meeting of the Boxwood Civic Association. She asked the City Manager to follow up on a complaint from the resident at 101 Hedgewood Drive, who has a problem with water run-off from City property behind his home.

Mayor Davis reported on a COG-sponsored trip to Prince William County, the MML “If I Were Mayor” awards, and a meeting of the COG Climate Change Steering Committee.

LEGISLATION

An Ordinance to Amend Chapter 12, “Parks and Recreation,” of the Greenbelt City Code for the Purpose of Establishing a Forest Preserve Advisory Board and Updating the Forest Preserve Article

Mayor Davis read the agenda comments. Ms. Mach introduced the ordinance for second reading and adoption. Mr. Putens seconded the motion. It was noted that the terms identifying the policy guidelines were not consistent and directed staff to correct them. Mr. Herling asked about the issue of balance of points of view on the new board, since he recalled Council’s efforts to have a diverse task force. Mr. Chernikoff suggested that one step in that direction would be to appoint as a core group those members of the task force who wished to continue on the standing board.

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

The ordinance was declared adopted (Ordinance No. 1279, Book 12).

A Resolution to Negotiate the Purchase of Services for Roof Repairs at the Youth Center with ProCoat Applications of Davidsonville, Maryland, at a Cost of $15,630

Mayor Davis read the agenda comments. Mr. Putens introduced the resolution for first reading. Several questions were asked and responded to.

FOREST PRESERVE MANAGEMENT AND MAINTENANCE GUIDELINES : Mayor Davis read the agenda comments. Mr. Putens made a motion to approve the Management and Maintenance Guidelines as most recently revised by the Forest Preserve Task Force. Ms. Mach seconded the motion. Mr. Roberts suggested changing the word “forester” to a different job title, since he thought a person with different qualifications could better evaluate the woods. It was tentatively decided that a forest ecologist would be sought. In response to a question about how this document would be revised, Celia Craze said that it was policy and would be approved by Council. She said it had been designed to be expandable so it could encompass new areas as needed.

Mayor Davis raised a question about gardens, wanting to know whether the City had measurements and could be sure the gardens were not expanding into preserve areas. There was also discussion of maintaining existing gardens. Luisa Robles was told to write a letter to the City requesting that overgrowth be removed, since this is allowed for, and the City will do it.

Mayor Davis asked when the City would fund the forest ecologist to undertake the review. Mr. McLaughlin said FY 2009. The motion carried 5-0.

HILTON GARDEN INN MITIGATION SITE – WOODLAND CONSERVATION EASEMENT : The Mayor read the agenda comments. It was moved by Mr. Roberts and seconded by Mr. Putens that the City Council approve the execution of the woodland conservation easement agreement with Hilton Garden Inn encumbering 1.28 acres on Parcel 57. Several questions were asked and answered. The motion carried 5-0.

COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) FUNDING PROPOSAL : The Mayor read the agenda comments. There was discussion of the pros and cons of going directly to the federal government rather than continuing to go through the county. The Mayor asked that Malinda Miles be copied as Prince George’s County Municipal Association (PGCMA) president. Ms. Mach said that as the eligible areas for this funding declined, she thought the City should begin to look at the possible use of these funds to generate affordable housing, which is also supported under this program.

Ms. Mach made a motion to approve the draft letter for the Mayor’s signature, which supports CR 25 but expresses concern about the reduction in funding. She further moved that the issue be raised with the PGCMA. Mr. Herling seconded the motion, which carried 5-0.

CONTRIBUTION TO REBUILDING OF GREENSBURG, KANSAS : It was moved by Mr. Putens and seconded by Mr. Herling to approve the contribution of $500 toward the rebuilding of Greensburg, Kansas, following sever tornado damage. The motion carried 5-0.

APPOINTMENT TO ADVISORY GROUP: Earlier this evening, Council interviewed Ruth Edwards for appointment to the Senior Citizens Advisory Committee. It was moved by Mr. Putens and seconded by Ms. Mach that Ms. Edwards be appointed to the committee. The motion carried 5-0.

MEETINGS : Council reviewed the meeting schedule.

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 May 29, 2007, at 12:13 a.m. on May 30, 2007.

Respectfully submitted,

Kathleen Gallagher
City Clerk

"I hereby the certify that the above and foregoing is a true and correct report of the regular meeting of the City Council of Greenbelt, Maryland, held May 29, 2007.

Judith F. Davis
Mayor

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