REGULAR MEETING OF THE GREENBELT CITY COUNCIL held July 9, 2007.

Mayor Davis called the meeting to order at 8:01p.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 for a moment of silence in memory of resident Jeffrey Wayne Teske and former resident Mollie Smith Reuben. 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

- Work Session, May 9, 2007
- Regular Meeting, June 18, 2007

Approved as presented.

RECYCLING & ENVIRONMENT ADVISORY COMMITTEE, REPORT #2007-01 (PROPOSED GREENHILL/HILLSIDE ROAD STREAM RESTORATION PROJECT): Council accepted this report and agreed to discuss it on the agenda of the September 10, 2007, regular meeting.

PROPOSED FEDERAL CAPITAL IMPROVEMENTS PROGRAM 2008-2013: Council approved sending a letter to the National Capital Planning Commission stating that the City has no objection to the Proposed Draft Federal Capital Improvements Program 2008-2013.

APPROVAL OF AGENDA: Mr. Putens asked to add to the agenda as item #22 “Referral to Advisory Groups on the Spellman Overpass.” It was moved by Mr. Herling and seconded by Mr. Putens that the agenda be approved as amended. The motion passed 5-0.

PRESENTATIONS:

National Small Cities and Towns Day – Proclamation: Councilmember Putens received a proclamation from Mayor Davis declaring July 20 to be National Small Cities and Towns Day. He will convey it to the Small Cities Steering Committee at their summer meeting.

PETITIONS AND REQUESTS: There were three requests.

Penny Koines, 60-A Crescent Road, asked that the use of the overpass be focused on its original purpose, which was to allow students to travel back and forth to school. She said it should be gated and open from an hour before school opens to an hour after school activities are over. She said she has occasion to walk in that part of Gardenway in the evening and has been harassed by groups of teenagers. She said she would be willing to pay higher taxes to increase police coverage in the area of Roosevelt Center at night. She said she is concerned about the resources to be taken up by the Greenbelt Homes/American Institute of Architects initiative because making the community livable for the future is “not about better architecture or landscaping.” Mayor Davis commented that the issue of the overpass had been raised before. She said was concerned about what message it would send to residents of Greenbelt East if another part of the City wanted to shut them out. She said she did not want the community divided into “them” and “us” and that efforts were being made to unify the City, which is divided by major highways.

Andy Carruthers, who asked not to give his address, said he had been assaulted without provocation by a group of teenagers on Gardenway about nine days ago. He said they took his cell phone but not his wallet or his watch, which conveyed to him that the goal was not robbery but entertainment. He said that the officers who responded went to the businesses in Roosevelt Center that have video cameras to see if any of the individuals had been caught on tape in the Center. He said he thought that illustrated that having surveillance cameras in the Center is an essential tool for law enforcement. He said he was “bewildered and dismayed” that people in Greenbelt who otherwise do good would hold back from supporting surveillance cameras in this location because of a “contrived right of privacy in public spaces.”

Frank DeBernardo, 13-D Laurel Hill Road, said he would address the camera issue when that came up later on the agenda. His request was that Council convene a town hall type of meeting to examine crime in Roosevelt Center, recognizing that there is increasing public concern about this. The Mayor questioned holding a meeting focused only on the Center area since residents of Greenbelt East have the same concerns, as do residents of Greenbelt West. She said the residents of all three areas believe there are not enough police and that the City’s plans are not adequate. She said the City Council hears these complaints all the time but that no one showed up at the last Public Safety Advisory Committee public forum. Mr. DeBernardo said he thought it would be fine to do a Citywide meeting since there also needs to be a comprehensive plan.

ADMINISTRATIVE REPORTS

Mr. McLaughlin reported that the Fourth of July fireworks had gone off as scheduled. He also announced the retirement of Antoinette Conrad from the Public Works Department.

The Mayor asked that something be done about a newspaper vending box that had fallen over near the Post Office.

Mayor Davis, Councilmembers Putens, Herling, and Mach, and Mr. McLaughlin commented on the Maryland Municipal League (MML) Conference. Ms. Mach noted that Joe McNeal, Assistant Director, Recreation, will be on the MML Board as the new president of the Parks and Recreation Department of the league. Mayor Davis noted that she had been re-elected to the MML Board; Mr. Moran was elected secretary of the City and Town Administrators organization; and Chief James Craze was re-elected vice-chair of the Municipal Police Executives Association. Mayor Davis also announced that she and Mr. McLaughlin had met with representative of the Hilton Garden Inn and that she believed they were going to undertake care of Indian Springs Park. She also said that on July 28 she would be attending a Council of Governments Board retreat.

LEGISLATION

A Resolution to Negotiate the Purchase, Installation, and Maintenance Services of a Surveillance Camera System for Roosevelt Center with Avrio Group Surveillance Solutions, Inc., of Easton, Maryland, at a Cost of $39,518

Mayor Davis read the agenda comments. Mr. Herling introduced the resolution for second reading and moved its adoption. Mr. Putens seconded the motion. During the discussion of this item, Mayor Davis recognized County Councilmember Ingrid Turner, who had arrived at the meeting.

The Mayor recognized Beverly Palau, Public Information and Communications Coordinator, who said that Betsy Chopek from Avrio, several members of the Police Department, and Mary Anne Anthony, the City’s Information Technology Consultant, were also present to respond to questions.

Mayor Davis asked if the proposed configuration of cameras would cover the entire Center area. Ms. Chopek said they would cover almost the entire area and that they could be moved. She added that these locations were chosen specifically to give the most inclusive coverage and the best coverage of those areas deemed highest priority by the police. Mayor Davis asked if the photos from the camera could be enlarged to give good detail. Ms. Chopek said they could and that the zoom capability existed both live and for archival pictures. She emphasized, however, that this is a function of the cameras, and this system does not dictate the cameras to be used, with the result that the software will accommodate more sophisticated cameras as the technology continues to improve.

Mr. Putens noted that the agenda comments said that the system proposed would not incorporate audio capabilities, but he asked if it could. Ms. Chopek said it has the capability but that doing so is illegal. Mr. Putens asked if this number of cameras was adequate. Mr. McLaughlin said he believed it was adequate for the immediate goal, as well as fitting within the available budget, but that one of the advantages of the system was that it could easily be expanded later if desired. The Mayor noted that one such an expansion might be to cover the overpass, and Ms. Chopek confirmed that would be possible.

Mr. Herling asked how much was archived. Ms. Chopek said 30 days at eight frames per second but that hard-drive space could always be added if more was wanted. Mr. Herling asked what the ongoing monthly fee was. Ms. Chopek said there is no monthly fee, but there is an annual software upgrade fee that is approximately six percent of the total project cost. Mr. Herling also asked about the value of cameras in deterring crime versus identification of perpetrators after the fact, which provoked some discussion of the inconclusive nature of information available on this topic.

Mr. Herling said he would be more concerned about installing this system if it were not replacing the existing three-camera system the City has had for some time, but he wanted assurance that the cameras would not replace police patrols. He asked what exactly the cameras meant to the Police Department. Chief Craze responded that the camera system is one tool among many and simply an upgrade to a system that has been in use for years. He said patrols have been increased at the Center, but the fact that the department is down six officers right now impacts putting officers on the street. He also noted the quick apprehension made yesterday when a purse was stolen at the Center.

The Mayor then asked if audience members wished to speak. Mr. DeBernardo said he had sent e-mail to Council prior to the first reading of the resolution in April. He said although the attack on Mr. Carruthers had put the matter into a somewhat different focus for him, he was still opposed to the use of cameras at the Center. He said reports show cameras to be effective only in closed areas like garages. He said police had confirmed for him that videotaped evidence is not admissible in court, which limits its use even in catching criminals after the fact. He suggested that one effect may be simply to move crime elsewhere rather than deterring it. He was also concerned that it would give people a false sense of security. He suggested that the camera being placed at the Credit Union should be funded by the business not the government. He said that in general he did not believe that using cameras to keep track of what is going on is a good function for government. Mayor Davis thanked him and said Council took his concerns seriously and that Greenbelt had always taken individual rights seriously. She said the dilemma was in balancing individual rights with public safety. Mr. DeBernardo said he understood that but asked that, if Council did vote to purchase the system, there be an evaluation of the effectiveness of the cameras prior to any renewal of the contract.

Ms. Mach asked to have some of the points Mr. DeBernardo had raised addressed. Ms. Chopek said the cameras were effective outdoors and had been placed for maximum effectiveness at Roosevelt Center. She said it was true that videotaped evidence was not admissible in court because it can be altered. This is not videotape, however, but has multi-layered encryption to establish a legitimate chain of evidence that makes it admissible. Mr. Shay confirmed this assertion.

Mr. Putens commented that the system and its expansion should be considered along with other strategic planning issues, since, along with levels of police staffing, it is part of the “How safe do you want to be?” and “How much are you willing to pay?” questions. He added that Center City was beginning to experience what Greenbelt East and Greenbelt West have experienced for years.

Mr. Roberts said he generally agreed with Mr. DeBernardo, was not a big believer in cameras for most situations, and would prefer to put the money into police personnel. He said this situation is unusual, however, because the Center itself is a City park, and City government has a different level of responsibility. He said the Roosevelt Center merchants have to put up with a lot because of the public nature of their setting. He added that he wanted to see more foot and bike patrols, not a decline because of reliance on the cameras.

Mayor Davis said she wanted it kept in mind that the City must be equitable in its distribution of services over the three sections of town. She said she thought the police had been equitable in their assignment of services.

Cynthia Comproni, a Greenbelt resident and General Manager of the Credit Union, said that it was the consensus of the Roosevelt Center Merchants to support the proposed camera plan, based upon the presentation of the proposal that had been given by Ms. Palau at one of their meetings. She said they had discussed hiring a guard but that one of their concerns was what the authority of the guard could be, given that the central area was a City park.

Hilary Howe, Ridge Road, said she agreed with Mr. DeBernardo that much more than cameras was needed, but that this is a step toward addressing a problem that must be recognized. She said she thought even increasing the perception of security might have a value in keeping the Center populated, which would have a positive effect.

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

The resolution was declared adopted (Resolution No. 1018, Book No. 8).

A Resolution to Authorize Deirdre Allen to Sign Checks, Vouchers, and Purchase Orders from July 19 to August 6, 2007

Mayor Davis read the agenda comments. Mr. Putens introduced the resolution for second reading and moved its adoption. 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. 1016, Book No. 8).

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 second reading and moved its adoption. Mr. Herling seconded the motion.

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

The resolution was declared adopted (Resolution No. 1017, Book No. 8).

An Ordinance to Amend Chapter 8, “Elections,” of the Greenbelt City Code, in Order to Revise Section 8-4, “Absentee Voting,” to Empower the Board of Elections to Determine Whether a Ballot Submitted Without a Sealed “Secrecy” Envelope Should Be Deemed Invalid

Mayor Davis read the agenda comments. Mr. Roberts introduced the ordinance for first reading. Mr. Herling asked by what method the board would be able to make a judgment about whether the privacy of the ballot had been violated. Ms. Gallagher responded that it would be by direct observation since, at least in recent history, the board either has directly supervised the removal of the outer envelopes by the absentee ballot clerks or has undertaken this task itself before conveying the ballots to the clerks.

A Resolution of the City of Greenbelt Adopted Pursuant to the Authority of Article XI-E of the Constitution of Maryland and Section 13 of Article 23A of the Annotated Code of Maryland, (1957 Edition as Amended), Title, “Corporation-Municipal,” Subtitle “Home Rule” to Amend the Charter of the City of Greenbelt Found, in Whole or in Part, in the Compilation of Municipal Charters of Maryland (1983 Edition as Amended), as Prepared by the Department of Legislative Reference Pursuant to Chapter 77 of the Acts of the General Assembly of Maryland of 1983, by Amending Section 31, Titled “Election of Council” to Clarify a Certain Requirement for Holding a Runoff Election (Charter Amendment Resolution No. 2007-1)
- 1 st Reading

The Mayor read the agenda comments. Ms. Mach introduced the resolution for first reading.

ORDER OF BUSINESS: Mayor Davis made a motion, seconded by Mr. Putens, to reorder the agenda to take Item #22 next. The motion carried 5-0.

REFERRAL TO ADVISORY GROUPS OF SPELLMAN OVERPASS ISSUE: Mr. Putens explained that he was making the suggestion to refer the matter to the Community Relations Advisory Board and the Public Safety Advisory Committee because the topic needed fuller consideration than could take place at a Council meeting. Although the immediate question was whether the hours the overpass is open should be restricted in order to limit illegal and inappropriate use of the overpass at night, it is necessary to look more broadly at all possible alternatives for handling the problem. Mr. McLaughlin said Mr. Putens had suggested that the two advisory groups hold a joint public forum, and Mr. Putens said he hoped the two groups could work jointly on the referral. There was later discussion of whether this meeting should be a City Council work session or be initiated and conducted by the groups.

Sylvia Lewis, 2-C Gardenway, stated strong opposition to restricting the hours that the overpass is open, saying she had never encountered problems in the Gardenway area and that “we should be building more bridges, not closing them.”

Mr. Putens moved that the question be referred to both advisory groups. Mayor Davis seconded the motion, which carried 5-0. Sheldon Goldberg, president of the Windsor Green board and chair of the Greenbelt East Advisory Committee, spoke to say that he appreciated Ms. Lewis’s comments.

A Resolution of the City of Greenbelt Adopted Pursuant to the Authority of Article XI-E of the Constitution of Maryland and Section 13 of Article 23A of the Annotated Code of Maryland, (1957 Edition as Amended), Title, “Corporation-Municipal,” Subtitle “Home Rule” to Amend the Charter of the City of Greenbelt Found, in Whole or in Part, in the Compilation of Municipal Charters of Maryland (1983 Edition as Amended), as Prepared by the Department of Legislative Reference Pursuant to Chapter 77 of the Acts of the General Assembly of Maryland of 1983, by Amending Section 21, Titled “Campaign Financial Reports,” to Empower the City Council to Require Reporting of Contributions and Expenditures Made for the Purpose of Furtherance of or Opposition to Any Ballot Question (Charter Amendment Resolution No. 2007-2)

Mayor Davis read the agenda comments and said she believed the City needed to begin to require this reporting, which is already required by the state and by most of the larger jurisdictions in Maryland. She then introduced the resolution for first reading.

A Resolution to Authorize the Negotiated Purchase of Certain Goods and Services from Various Vendors as Enumerated Herein When Total Fiscal Year Purchases from Each Vendor Exceed Ten Thousand Dollars ($10,000)

Mayor Davis read the agenda comments. Mr. Putens introduced the resolution for first reading.

FINANCIAL REPORTING FOR CIRCULATION OF PETITIONS: Mayor Davis read the agenda comments. After some discussion of the limitations of the state law, she suggested raising the matter at the City’s fall legislative dinner.

AWARD OF PURCHASE – TWO PICKUP TRUCKS FOR PUBLIC WORKS: The Mayor read the agenda comments. It was moved by Mr. Putens and seconded by Mr. Herling that Council approve the purchase of two pickup trucks from Miller Brothers Ford of Ellicott City in accord with State of Maryland bid #001IT816506 for a cost of $57,494. Mr. Roberts said he would not vote to approve this purchase since he thought continuing to build a diesel fleet is the wrong way for the City to go. He said diesel vehicles are not better or more powerful; a natural gas engine would last long; and natural gas is “the cleanest we can do right now.” Mr. McLaughlin said he would not dispute that, but staff’s concern is with the fueling of the vehicles given the limited capacity of the City’s pump and the limits of other fueling stations.

Mr. Putens suggested cooperation among the Four Cities, and the Mayor asked to have the topic placed on the agenda of the upcoming Four Cities meeting. It was noted by Kenny Hall, Director of Public Works, that he did not think any of the other three cities had CNG vehicles. There was discussion of the overall lack of market for mid-size CNG vehicles. Mr. Herling asked if the purchase of the vehicles could be delayed in the hope that the market would change. Mr. Hall responded that the vehicles being replaced were already out of service and that not having these two trucks available would seriously impact snow removal. Mr. Herling suggested putting the decision off to the next Council meeting. Others saw nothing to be gained by that, and Mr. Hall said there was no guarantee that the prices would hold. When the vote was taken, the motion passed 4-1 (Roberts).

POLICY ON LIVING WAGE FOR CITY EMPLOYEES: The Mayor read the agenda comments. Ms. Mach said she thought it was important that the City be on record as supporting the concept of a Living Wage. It was noted that in applying the Living Wage to its own work force, as well as to contractors, the City would be going beyond the requirement of other jurisdictions, which apply it only to contractors. Ms. Mach made a motion that Council direct that a resolution be prepared to adopt a Living Wage policy that follows the policy of the State of Maryland, including the allowable credits for health insurance and deferred compensation, with compliance with the state policy to be reviewed and confirmed annually. Mr. Putens seconded the motion, which carried 5-0.

MEETINGS: Council reviewed the schedule of upcoming meetings. The Mayor asked to reschedule the work session on employee benefits because of a Park and Planning meeting being held on July 18. It was agreed to hold that meeting on July 23 if the School Board could not meet on that night. It was also agreed to add to the list of meetings to be scheduled a work session to make plans for a longer Saturday work session on City goals to be held later.

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 July 9, 2007, at 11:40 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 July 9, 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