Regular Meeting June 18, 2007

REGULAR MEETING OF THE GREENBELT CITY COUNCIL held June 18, 2007.

Mayor Davis called the meeting to order at 8:01 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; Andrew Nussbaum, City Solicitor; and Kathleen Gallagher, City Clerk.

Mayor Davis asked for a moment of silence in memory of residents Malise Dick, Ray E. Bailey, and Jane Love; and former resident Gilbert Mead. She then led the pledge of allegiance to the flag.

CONSENT AGENDA : Mr. Herling asked to remove the minutes of the May 30, 2007, meeting. 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

Approved as presented.

PUBLIC SAFETY ADVISORY COMMITTEE, REPORT # 01-2007 (PUBLIC FORUM REPORT) : Council accepted this report.

JUSTICE ASSISTANCE GRANT (JAG) PROGRAM – 2007 : Council approved the use of $19,308 in 2007 JAG funds for the purchase of Toughbook mobile data computers.

NEW AGREEMENT WITH THE FRIENDS OF THE GREENBELT MUSEUM : Council approved the new agreement between the City and FOGM and authorized the Mayor to sign it on behalf of the City.

REAPPOINTMENT TO ADVISORY GROUP : Council appointed Richard T. Ransom to a new term on the Park & Recreation Advisory Board.

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

PRESENTATIONS : None.

PUBLIC HEARING – PARCELS TO BE ADDED TO THE GREENBELT FOREST PRESERVE : Mayor Davis read the agenda comments and declared the public hearing to be open. Since no one wished to speak, she closed the public hearing and resumed the regular meeting.

PETITIONS AND REQUESTS

Austin Conaty from the Knights of Columbus and Jennifer Ash-Poole from the local club of the National Association of Rocketry, described the events planned for next month for the Knights of Columbus Rocket Boosters 2007 celebration of the 38 th anniversary of the Apollo 11 moon landing.

Chris Shuman requested that action be taken on the proliferation of snipe signs on area roads. He suggested that the public be educated on their rights to remove the signs, that police officers be empowered to ticket and impound, and that it be made legal to block the telephone numbers on the signs, given that they are placed in violation of the law. The Mayor replied that this type of sign may be removed by citizens, though real estate and campaign signs may be kept up for certain time periods. She said Council could raise the issue with its state and county delegates at its next legislative dinner. Mr. McLaughlin said he would also ask the City Solicitor to look at the matter. Some concern was expressed that individuals who tried to remove signs while the perpetrators were present might be placing themselves at risk. Luisa Robles, 32-F Ridge Road, encouraged the City to make every effort to reuse or recycle the signs when possible.

MINUTES OF COUNCIL MEETINGS

Work Session, May 30, 2007 : Mr. Herling asked to rewrite the third-to-last paragraph to say: “Mr. Herling urged Mr. Holman and the county apply the same energy used towards securing top rated retail towards securing firms dedicated to research and development of alternative energy and environmental concerns. He noted that the areas of future growth were in these fields. Successfully securing such firms would translate to 'making a statement' about Greenbelt's commitment to a cleaner, cooler environment.” Council agreed to including the first two sentences. Mr. Herling moved to approve the minutes with this change. Mr. Putens seconded the motion, which passed 5-0.

ADMINISTRATIVE REPORTS

Mr. McLaughlin announced that today was the first day of the City’s summer camp programs and that the sessions were almost all filled.

Mr. Herling praised the Playground Design day that was held in South Ora Court. He gave updates on the community video project and International Cultural Festival.

Mr. Putens announced that National Night Out would be August 7.

Ms. Mach commented that County Councilmember Turner’s findings on the condition of Greenbelt Middle School were a cause of significant concern to parents who need to send their children there next year. She attended a COG Local-State Partnership dinner on climate change. She reported on the South Ora Court Playground Design Day and added that the Playground Build Day is scheduled for October 8.

Mayor Davis reported on visiting the Recycling Single Stream unit in Ellicott City, which Greenbelt is now using. She attended a meeting in Minneapolis of the NLC Steering Committee for Energy, Environment and Natural Resources, a COG meeting at which forecasts for homelessness were presented, and the Potomac Trash Summit. She also spoke at Maryland Girls State, which was held at Frostburg University.

LEGISLATION

An Ordinance to Establish a New Fund to Be Known as the Greenbelt West Infrastructure Fund to Provide for Revenue and Expenditures for Capital Projects Associated with New Development in Greenbelt West

Ms. Mach introduced the ordinance for second reading and moved its adoption. Mr. Putens seconded the motion.

The ordinance was declared adopted (Ordinance No. 1281, Book No. 12).

Ordinances to Add City-Owned Parcels to the Forest Preserve : Mayor Davis read the agenda comments for the following ordinances.

A. An Ordinance to Amend Chapter 12, “Parks and Recreation,” Article IX, “ Forest Preserve,” of the Greenbelt City Code for the Purpose of Designating a City-Owned Parcel as Forest Preserve Area (Parcel 12)

Mr. McLaughlin said a question had been raised subsequent to the first reading of the ordinance of whether language should have been included explicitly excluding the observatory site and the yard waste site. He said if it was decided to do so, it would be necessary to introduce the ordinance for first reading again. A draft had been prepared of the ordinance with this language included. He said if Council wanted to do so, it might be moved to suspend the rules in order to introduce the ordinance for second reading and adoption tonight. The other three ordinances could move ahead to second reading and adoption tonight as planned since the addition of the new Parcel 12 text to those ordinances would be only an administrative change.

Celia Craze, Director, Planning and Community Development, and staff liaison to the former Forest Preserve Task Force, said the benefit of adding this language would be that it clarifies the intention to allow the completion of the improvements to the observatory without creating a nonconforming use. Mr. Roberts said he would prefer to include areas in the Preserve and allow them to continue existing uses. That way if these specific uses were to cease, the areas would revert to the Preserve. Ms. Craze said the problem is that the observatory has not been completed and so is not yet an existing use. She said no improvements are allowed in the Preserve. Ruth Kastner, 125 Hedgewood Drive, said her basic sentiments were with Mr. Roberts and that she did not see why the contingency discussion in the Management and Maintenance Guidelines would not suffice. Ms. Craze suggested that the best approach would be for Council to exclude the areas now but add them to the Preserve when the improvements have been completed on the observatory. Mr. Roberts said he would accept that. Mayor Davis suggested that Council also indicate by motion its intention to include these areas later.

Mr. Roberts introduced the ordinance for first reading and moved that the City Council suspend its Standing Rules. Mr. Putens seconded the motion.

Mr. Roberts then introduced the ordinance for second reading and moved its adoption. Mr. Putens seconded the motion.

The ordinance was declared adopted (Ordinance No. 1282, Book No. 12).

Observatory and Yard Waste Locations : Although initially overlooked, later in the meeting it was moved by Mayor Davis and seconded by Mr. Putens that Council indicate its intention to add the observatory and yard waste collection locations to the Forest Preserve at such time as the improvements to the observatory had been completed. The motion carried 5-0.

B. An Ordinance to Amend Chapter 12, “Parks and Recreation,” Article IX, “ Forest Preserve,” of the Greenbelt City Code for the Purpose of Designating a City-Owned Parcel as Forest Preserve Area (Boxwood Preserve)

Ms. Mach introduced the ordinance for second reading and moved its adoption. Mr. Roberts seconded the motion.

At the Mayor’s request, Ms. Craze elaborated on the map and explained that the irregularity of the site called for the more general description of the boundaries. She said the aerial map was misleading regarding the density of the trees in some areas and that no significant tree cover was being excluded. Ms. Mach said that, speaking as a resident of Boxwood, it appeared to her that the map appeared to cover the intent of the neighborhood that the play areas be excluded.

Mr. Roberts said that, as with Parcel 12, he thought it would be preferable to put the entire area into the Preserve and allow the existing uses, rather than to design the Preserve area to exclude the uses. Ms. Mach responded that in this instance the neighbors wanted to be very sure that the recreational uses would continue to be allowed. It was noted that these are different approaches: whether to allow existing uses within the Preserve or whether to exclude from the Preserve the land on which the uses are located. Ms. Craze said that, again, in this instance it would not be clear what the implications would be for improvements or maintenance of the existing recreational areas. She said the idea in excluding them is to eliminate this ambiguity. She said she believed the task force members had clearly agreed on this approach.

Ms. Kastner said she had originally shared Mr. Roberts’ point of view but eventually concluded that “it cuts both ways” if the boundaries are not very clear. She added that, their exclusion from the Preserve notwithstanding, she and her neighbors are not supportive of the suggestion made at a recent Boxwood Civic Association meeting that trees in this area be cut down, even if it would be allowed.

Keith Chernikoff, 210 Lastner Lane, chair of the former task force, said the area had been excluded for the very reason that so many restrictions were attached to the Preserve. He said the task force had discussed this approach at great length and that the “balance” of the Forest Preserve article and guidelines were based on it. It was the fact that certain areas were to be excluded that made it possible to place such stringent restrictions on the areas to be preserved. Mr. Roberts replied that he could accept that explanation.

Mr. Putens added that it was also important to remember that in its discussions of the establishment of the Forest Preserve, the City Council had recognized the need to take into account the interests and wishes of concerned stakeholders such as the residents of the nearby areas. He added that it is impossible to know what a future Council might call “improvements.”

The ordinance was declared adopted (Ordinance No. 1283, Book No. 12).

C. An Ordinance to Amend Chapter 12, “Parks and Recreation,” Article IX, “ Forest Preserve,” of the Greenbelt City Code for the Purpose of Designating a City-Owned Parcel as Forest Preserve Area (Belle Point Preserve)

Mr. Herling introduced the ordinance for second reading and moved its adoption. Mr. Putens seconded the motion.

Mayor Davis asked if allowance was being made for the potential trail connection. Ms. Craze said that is covered as a contingency in the Management and Maintenance Guidelines.

The ordinance was declared adopted (Ordinance No. 1284, Book No. 12).

D. An Ordinance to Amend Chapter 12, “Parks and Recreation,” Article IX, “ Forest Preserve,” of the Greenbelt City Code for the Purpose of Designating a City-Owned Parcel as Forest Preserve Area (Sunrise Preserve)

Mr. Putens introduced the ordinance for second reading and moved its adoption. Mayor Davis seconded the motion. Mr. Roberts commented that “it’s been a long road for Sunrise” and that he was glad to see this action occurring.

The ordinance was declared adopted (Ordinance No. 1285, Book No. 12).

End-of-Year Budget Adjustments

A. An Ordinance to Make a Supplemental Appropriation in the General Fund for the Fiscal Year Ending June 30, 2007, in the Amount of Three Hundred and Thirty-Six Thousand Dollars ($336,000) for Additional Fund Expenditures over the Appropriated Amount

The Mayor read the agenda comments. Ms. Mach introduced the ordinance for first reading and moved suspension of the rules. Mr. Putens seconded the motion.

At the Mayor’s request, Mr. McLaughlin explained the conditions of the Charter that require additional appropriations to be made in certain funds at the end of the fiscal year. Bill Orleans, who did not give his address in Greenbelt, said he thought these ordinances should be adopted over two meetings in order that citizens might have a chance to study them. He asked why they had not been introduced at the June 4 meeting. It was explained by the Mayor and Mr. McLaughlin that these transfers are made routinely at the end of almost every fiscal year and that the intention was to make them close to the end of June in order to target the amounts as closely as possible.

Ms. Mach introduced the ordinance for second reading and moved its adoption. Mr. Herling seconded the motion.

The ordinance was declared adopted (Ordinance No. 1286, Book No. 12).

B. An Ordinance to Make a Supplemental Appropriation in the Replacement Fund for the Fiscal Year Ending June 30, 2007, in the Amount of Eighty-Five Thousand Dollars ($85,000) for Additional Fund Expenditures over the Appropriated Amount

The Mayor read the agenda comments. Mr. Roberts introduced the ordinance for first reading and moved suspension of the rules. Mr. Putens seconded the motion.

Mr. Orleans requested and was given an explanation of why the appropriation was needed.

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

The ordinance was declared adopted (Ordinance No. 1287, Book No. 2).

C. An Ordinance to Make a Supplemental Appropriation in the Special Projects Fund for the Fiscal Year Ending June 30, 2007, in the Amount of Forty Thousand Dollars ($40,000) for Additional Fund Expenditures over the Appropriated Amount

The Mayor read the agenda comments. Mr. Herling introduced the ordinance for first reading and moved suspension of the rules. Mr. Putens seconded the motion.

Mr. Herling introduced the ordinance for second reading and moved its adoption. Mr. Putens seconded the motion.

Mr. Orleans requested and was given an explanation of why the appropriation was needed.

The ordinance was declared adopted (Ordinance No. 1288, Book No. 12).

A Resolution to Repeal Resolution Number 1003 and Establish Service Charges for Garbage, Trash, and Recycling Collections in the City of Greenbelt, Maryland, Effective July 1, 2007

Mayor Davis read the agenda comments. Mr. Roberts introduced the resolution for second reading and moved its adoption. Mr. Herling seconded the motion.

The resolution was declared adopted (Resolution No. 1015, Book No. 8).

A Resolution to Authorize Deirdre Allen to Sign Checks, Vouchers, and Purchase Orders from July 19 to August 6, 2007
The Mayor read the agenda comments. Mr. Putens introduced the resolution for first reading.

A Resolution to Repeal Resolution 1004 and to Establish Admission Fees and Pass Rates for the Greenbelt Aquatic and Fitness Center, Effective September 4, 2007
The Mayor read the agenda comments. Mr. Putens introduced the resolution for first reading.

ORDER OF BUSINESS : Mr. McLaughlin requested that agenda item #20 be special ordered to be considered now. Mr. Putens so moved, Mr. Herling seconded, and the motion carried 5-0.

AWARD OF PURCHASE – REPLACEMENT HANDGUNS FOR POLICE DEPARTMENT : Mayor Davis read the agenda comments. She complimented MPO Sagan on the excellent report he had provided giving the analysis Council had requested. Other Councilmembers also praised the report and said it answered all their questions. It was moved by Mr. Putens and seconded by Mr. Roberts that Council approve the purchase of 60 replacement handguns from Maryland Police Supply, Inc., of Baltimore, at a cost of $26,100. The motion carried 5-0.

FY 2008 PROGRAM OPEN SPACE (POS) ANNUAL PROGRAM : Mayor Davis read the agenda comments. Mr. Putens made a motion that Council approve the City’s FY 2008 Program Open Space Annual Program as proposed. Ms. Mach seconded the motion. Following brief discussion and response to questions from Mr. Orleans, the motion carried 5-0.

FY 2009 COMMUNITY PARKS AND PLAYGROUNDS APPLICATION : The Mayor read the agenda comments. It was moved by Mr. Putens and seconded by Ms. Mach that Council approve the application. Mayor Davis noted that the work being undertaken on playgrounds in communities in Greenbelt East was part of the City’s playground agreement program. Ms. Mach added that work on these playgrounds would also help to reduce the number of substandard playgrounds that still exist in Greenbelt. When the vote was taken, the motion passed 5-0.

MML 2008 LEGISLATIVE INITIATIVES – ACTION REQUESTS : The Mayor read the agenda comments. Mr. Putens moved, with a second from Ms. Mach, that the City submit “Speed Cameras” and “Real Property Assessment Issue” as MML 2008 legislative action requests. With regard to the second initiative, Mr. Herling commented that he wanted to keep before Council the idea that increased taxes on rental units resulting from increased assessments would be passed on to tenants as higher rents and thus further impact the affordable housing problem. The motion passed 5-0.

MEETINGS : Council reviewed the schedule of upcoming meetings. Direction was given to add work sessions with media representatives and with George Christacos, as well as an executive session on personnel matters, to the list of meetings to be scheduled.

ADJOURNMENT : A motion to adjourn the meeting was then made by Ms. Mach and seconded by Mr. Putens. The motion carried 5-0. The Mayor adjourned the regular meeting of June 18, 2007, at 10:54 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 June 18, 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