AGENDA REGULAR CITY COUNCIL MEETING MONDAY, JANUARY 5, 2015 COUNCIL CHAMBERS - 8 p.m. I. CALL MEETING TO ORDER II. PLEDGE OF ALLEGIANCE III. QUORUM IV. AGENDA ADDITIONS/DELETIONS/AMENDMENTS V. CITIZEN PARTICIPATION VI. PRESENTATIONS VII. CITY BOARDS AND COMMITTEES A. Appointments/Reappointments/Swearing-in
Documents: 20150105 - MEMO FOR COMM. APPOINT.PDF VIII. COUNCIL ANNOUNCEMENTS IX. CITY MANAGER'S REPORT X. CONSENT AGENDA A. Approval of October 20 Meeting Minutes
Documents: 20150105 - OCTOBER 20 MEETING MINUTES.PDF B. Approval of November 3 Meeting Minutes
Documents: 20150105 - NOVEMBER 3 MEETING MINUTES.PDF C. Approval of November 17 Meeting Minutes
Documents: 20150105 - NOVEMBER 17 MEETING MINUTES.PDF D. Approval of December 1 Meeting Minutes
Documents: 20150105 - DECEMBER 1 MEETING MINUTES.PDF E. Approval of Resolution R-1-15 Approving Variance Application BV-5-14, a Request by Deborah M. and John W. Rice for a Variance of Three Feet From the Minimum Eight Foot Side Yard Setback Prescribed by the Prince George's County Zoning Ordinance to Validate an 11 Foot by 14 Foot Wood Deck on the South Side of the Existing Dwelling and to Permit the Construction of an 11 Foot by 14 Foot Sunroom Over the Existing Deck at 3127 Belair Drive
Documents: 20150105 - RESOLUTION R-1-15.PDF F. Approval of Resolution R-2-15 Adopting a Climate Action Plan for the City
Documents: 20150105 - RESOLUTION R-2-15.PDF G. Approval of Resolution R-4-15 Authorizing the City Manager to Execute an Annexation Agreement With Bowie Veterinary Properties, LLC Establishing the Terms and Conditions Governing the Proposed Annexation of Approximately 1.21419 Acres of Land Owned by Bowie Veterinary Properties, LLC, Located on the West Side of Maryland Route 197, North of Millstream Drive, Into the Corporate Limits of the City of Bowie
Documents: 20150105 - RESOLUTION R-4-15.PDF H. Approval of Resolution R-5-15 Adopting an Annexation Plan for the Annexation of Parcel 316 on Prince George's County tax Map 37, Also Known as 6700 Laurel Bowie Road, Owned by Bowie Veterinary Properties, LLC, and a Portion of the Maryland Route 197 Right-of-Way, North of Millstream Drive
Documents: 20150105 - RESOLUTION R-5-15.PDF I. Introduction of Resolution R-6-15 Enlarging the Corporate Boundaries of the City of Bowie, by Annexing Into the City Lands Contiguous to and Adjoining the City's Existing Corporate Boundary, Property Known as Parcel 316 on Prince George's County tax Map 37, Also Known as 6700 Laurel Bowie Road, and a Portion of the Maryland Route 197 Right-of-Way, Approximately 14 Feet Wide by 274 Feet Long, Located on the West Side of Maryland Route 197, North of Millstream Drive
Documents: 20150105 - RESOLUTION R-6-15.PDF J. Approval of Resolution R-7-15 Setting Forth City of Bowie's Commitment to Obesity
Documents: 20150105 - RESOLUTION R-7-15.PDF K. Approval of Resolution R-8-15 To Piggyback on a Montgomery County Contract With Solar City to Enter Into a Power Purchase Agreement to Install a Nine Acre Ground Mounted 2.434 MW Solar Array on the City Owned Entzian Property
Documents: 20150105 - RESOLUTION R-8-15.PDF L. Introduction of Ordinance O-3-15 Amending the Bowie City Code, to Add Chapter 28 "Storm Sewer Illicit Discharge" Prohibiting Certain Discharges Into the Municipal Separate Storm Sewer System Establishing Inspection and Enforcement Procedures and Penalties for Noncompliance
Documents: 20150105 - ORDINANCE O-3-15.PDF M. Approval of Letter to State highway Administration re: US 301 Concept Sketches
Documents: 20150105 - LETTER TO SHA RE301 CONCEPT SKETCHES.PDF XI. OLD BUSINESS A. Approval of Ordinance O-1-15 Declaring a Certain Parcel Located Generally Within the Shopping Center Known as Bowie Marketplace to be Surplus Property and Authorizing the Transfer of Said Property by the City to BE Bowie LLC to Facilitate the Redevelopment of Bowie Marketplace - Public Hearing/Eligible for Action
Documents: 20150105 - ORDINANCE O-1-15.PDF B. Approval of Ordinance O-2-15 Amending the Adopted Budget for the Fiscal Year Beginning July 1, 2014 and Ending June 30, 2015, As Embodied in Ordinance O-3-14 and Amended by Ordinance O-9-14, to Appropriate Funds for the Redevelopment of the Bowie Marketplace Shopping Center - Public Hearing/Eligible for Action
Documents: 20150105 - ORDINANCE O-2-15.PDF XII. NEW BUSINESS A. Presentation by Prince George's County Fire Chief Marc Bashoor B. Approval of Resolution R-3-15 Approving Application 14-1 to Provide Category 1 Water and Sewer Designation for Survey's Inc. for a Single Family Detached House at the Southeast Corner of Bartlett Lane and Beaverdale Lane - Public Hearing/Eligible for Action
Documents: 20150105 - RESOLUTION R-3-15.PDF XIII. ADJOURNMENT XIV. MOVE TO CLOSE SESSION Statutory Authority to Close Session, State Government Article §3-305(b)(3): To consider the acquisition of real property for a public purpose and matters directly related thereto; and §3-305(b)(4): To consider a matter that concerns the proposal for a business or industrial organization to locate, expand, or remain in the State.
This meeting will be televised live on Verizon Channel 10 and Comcast Channel 71, repeated on January 7, 2015 and January 10, 2015 at 7 p.m., and web-streamed live
NEXT REGULAR MEETING OF THE BOWIE CITY COUNCIL - TUESDAY, JANUARY 20, 2015 - COUNCIL CHAMBERS - 8 p.m. AGENDA REGULAR CITY COUNCIL MEETING MONDAY, JANUARY 5, 2015 COUNCIL CHAMBERS - 8 p.m. I. CALL MEETING TO ORDER II. PLEDGE OF ALLEGIANCE III. QUORUM IV. AGENDA ADDITIONS/DELETIONS/AMENDMENTS V. CITIZEN PARTICIPATION VI. PRESENTATIONS VII. CITY BOARDS AND COMMITTEES A. Appointments/Reappointments/Swearing-in
Documents: 20150105 - MEMO FOR COMM. APPOINT.PDF VIII. COUNCIL ANNOUNCEMENTS IX. CITY MANAGER'S REPORT X. CONSENT AGENDA A. Approval of October 20 Meeting Minutes
Documents: 20150105 - OCTOBER 20 MEETING MINUTES.PDF B. Approval of November 3 Meeting Minutes
Documents: 20150105 - NOVEMBER 3 MEETING MINUTES.PDF C. Approval of November 17 Meeting Minutes
Documents: 20150105 - NOVEMBER 17 MEETING MINUTES.PDF D. Approval of December 1 Meeting Minutes
Documents: 20150105 - DECEMBER 1 MEETING MINUTES.PDF E. Approval of Resolution R-1-15 Approving Variance Application BV-5-14, a Request by Deborah M. and John W. Rice for a Variance of Three Feet From the Minimum Eight Foot Side Yard Setback Prescribed by the Prince George's County Zoning Ordinance to Validate an 11 Foot by 14 Foot Wood Deck on the South Side of the Existing Dwelling and to Permit the Construction of an 11 Foot by 14 Foot Sunroom Over the Existing Deck at 3127 Belair Drive
Documents: 20150105 - RESOLUTION R-1-15.PDF F. Approval of Resolution R-2-15 Adopting a Climate Action Plan for the City
Documents: 20150105 - RESOLUTION R-2-15.PDF G. Approval of Resolution R-4-15 Authorizing the City Manager to Execute an Annexation Agreement With Bowie Veterinary Properties, LLC Establishing the Terms and Conditions Governing the Proposed Annexation of Approximately 1.21419 Acres of Land Owned by Bowie Veterinary Properties, LLC, Located on the West Side of Maryland Route 197, North of Millstream Drive, Into the Corporate Limits of the City of Bowie
Documents: 20150105 - RESOLUTION R-4-15.PDF H. Approval of Resolution R-5-15 Adopting an Annexation Plan for the Annexation of Parcel 316 on Prince George's County tax Map 37, Also Known as 6700 Laurel Bowie Road, Owned by Bowie Veterinary Properties, LLC, and a Portion of the Maryland Route 197 Right-of-Way, North of Millstream Drive
Documents: 20150105 - RESOLUTION R-5-15.PDF I. Introduction of Resolution R-6-15 Enlarging the Corporate Boundaries of the City of Bowie, by Annexing Into the City Lands Contiguous to and Adjoining the City's Existing Corporate Boundary, Property Known as Parcel 316 on Prince George's County tax Map 37, Also Known as 6700 Laurel Bowie Road, and a Portion of the Maryland Route 197 Right-of-Way, Approximately 14 Feet Wide by 274 Feet Long, Located on the West Side of Maryland Route 197, North of Millstream Drive
Documents: 20150105 - RESOLUTION R-6-15.PDF J. Approval of Resolution R-7-15 Setting Forth City of Bowie's Commitment to Obesity
Documents: 20150105 - RESOLUTION R-7-15.PDF K. Approval of Resolution R-8-15 To Piggyback on a Montgomery County Contract With Solar City to Enter Into a Power Purchase Agreement to Install a Nine Acre Ground Mounted 2.434 MW Solar Array on the City Owned Entzian Property
Documents: 20150105 - RESOLUTION R-8-15.PDF L. Introduction of Ordinance O-3-15 Amending the Bowie City Code, to Add Chapter 28 "Storm Sewer Illicit Discharge" Prohibiting Certain Discharges Into the Municipal Separate Storm Sewer System Establishing Inspection and Enforcement Procedures and Penalties for Noncompliance
Documents: 20150105 - ORDINANCE O-3-15.PDF M. Approval of Letter to State highway Administration re: US 301 Concept Sketches
Documents: 20150105 - LETTER TO SHA RE301 CONCEPT SKETCHES.PDF XI. OLD BUSINESS A. Approval of Ordinance O-1-15 Declaring a Certain Parcel Located Generally Within the Shopping Center Known as Bowie Marketplace to be Surplus Property and Authorizing the Transfer of Said Property by the City to BE Bowie LLC to Facilitate the Redevelopment of Bowie Marketplace - Public Hearing/Eligible for Action
Documents: 20150105 - ORDINANCE O-1-15.PDF B. Approval of Ordinance O-2-15 Amending the Adopted Budget for the Fiscal Year Beginning July 1, 2014 and Ending June 30, 2015, As Embodied in Ordinance O-3-14 and Amended by Ordinance O-9-14, to Appropriate Funds for the Redevelopment of the Bowie Marketplace Shopping Center - Public Hearing/Eligible for Action
Documents: 20150105 - ORDINANCE O-2-15.PDF XII. NEW BUSINESS A. Presentation by Prince George's County Fire Chief Marc Bashoor B. Approval of Resolution R-3-15 Approving Application 14-1 to Provide Category 1 Water and Sewer Designation for Survey's Inc. for a Single Family Detached House at the Southeast Corner of Bartlett Lane and Beaverdale Lane - Public Hearing/Eligible for Action
Documents: 20150105 - RESOLUTION R-3-15.PDF XIII. ADJOURNMENT XIV. MOVE TO CLOSE SESSION Statutory Authority to Close Session, State Government Article §3-305(b)(3): To consider the acquisition of real property for a public purpose and matters directly related thereto; and §3-305(b)(4): To consider a matter that concerns the proposal for a business or industrial organization to locate, expand, or remain in the State.
This meeting will be televised live on Verizon Channel 10 and Comcast Channel 71, repeated on January 7, 2015 and January 10, 2015 at 7 p.m., and web-streamed live
NEXT REGULAR MEETING OF THE BOWIE CITY COUNCIL - TUESDAY, JANUARY 20, 2015 - COUNCIL CHAMBERS - 8 p.m. AGENDA REGULAR CITY COUNCIL MEETING MONDAY, JANUARY 5, 2015 COUNCIL CHAMBERS - 8 p.m. I. CALL MEETING TO ORDER II. PLEDGE OF ALLEGIANCE III. QUORUM IV. AGENDA ADDITIONS/DELETIONS/AMENDMENTS V. CITIZEN PARTICIPATION VI. PRESENTATIONS VII. CITY BOARDS AND COMMITTEES A. Appointments/Reappointments/Swearing-in
Documents: 20150105 - MEMO FOR COMM. APPOINT.PDF VIII. COUNCIL ANNOUNCEMENTS IX. CITY MANAGER'S REPORT X. CONSENT AGENDA A. Approval of October 20 Meeting Minutes
Documents: 20150105 - OCTOBER 20 MEETING MINUTES.PDF B. Approval of November 3 Meeting Minutes
Documents: 20150105 - NOVEMBER 3 MEETING MINUTES.PDF C. Approval of November 17 Meeting Minutes
Documents: 20150105 - NOVEMBER 17 MEETING MINUTES.PDF D. Approval of December 1 Meeting Minutes
Documents: 20150105 - DECEMBER 1 MEETING MINUTES.PDF E. Approval of Resolution R-1-15 Approving Variance Application BV-5-14, a Request by Deborah M. and John W. Rice for a Variance of Three Feet From the Minimum Eight Foot Side Yard Setback Prescribed by the Prince George's County Zoning Ordinance to Validate an 11 Foot by 14 Foot Wood Deck on the South Side of the Existing Dwelling and to Permit the Construction of an 11 Foot by 14 Foot Sunroom Over the Existing Deck at 3127 Belair Drive
Documents: 20150105 - RESOLUTION R-1-15.PDF F. Approval of Resolution R-2-15 Adopting a Climate Action Plan for the City
Documents: 20150105 - RESOLUTION R-2-15.PDF G. Approval of Resolution R-4-15 Authorizing the City Manager to Execute an Annexation Agreement With Bowie Veterinary Properties, LLC Establishing the Terms and Conditions Governing the Proposed Annexation of Approximately 1.21419 Acres of Land Owned by Bowie Veterinary Properties, LLC, Located on the West Side of Maryland Route 197, North of Millstream Drive, Into the Corporate Limits of the City of Bowie
Documents: 20150105 - RESOLUTION R-4-15.PDF H. Approval of Resolution R-5-15 Adopting an Annexation Plan for the Annexation of Parcel 316 on Prince George's County tax Map 37, Also Known as 6700 Laurel Bowie Road, Owned by Bowie Veterinary Properties, LLC, and a Portion of the Maryland Route 197 Right-of-Way, North of Millstream Drive
Documents: 20150105 - RESOLUTION R-5-15.PDF I. Introduction of Resolution R-6-15 Enlarging the Corporate Boundaries of the City of Bowie, by Annexing Into the City Lands Contiguous to and Adjoining the City's Existing Corporate Boundary, Property Known as Parcel 316 on Prince George's County tax Map 37, Also Known as 6700 Laurel Bowie Road, and a Portion of the Maryland Route 197 Right-of-Way, Approximately 14 Feet Wide by 274 Feet Long, Located on the West Side of Maryland Route 197, North of Millstream Drive
Documents: 20150105 - RESOLUTION R-6-15.PDF J. Approval of Resolution R-7-15 Setting Forth City of Bowie's Commitment to Obesity
Documents: 20150105 - RESOLUTION R-7-15.PDF K. Approval of Resolution R-8-15 To Piggyback on a Montgomery County Contract With Solar City to Enter Into a Power Purchase Agreement to Install a Nine Acre Ground Mounted 2.434 MW Solar Array on the City Owned Entzian Property
Documents: 20150105 - RESOLUTION R-8-15.PDF L. Introduction of Ordinance O-3-15 Amending the Bowie City Code, to Add Chapter 28 "Storm Sewer Illicit Discharge" Prohibiting Certain Discharges Into the Municipal Separate Storm Sewer System Establishing Inspection and Enforcement Procedures and Penalties for Noncompliance
Documents: 20150105 - ORDINANCE O-3-15.PDF M. Approval of Letter to State highway Administration re: US 301 Concept Sketches
Documents: 20150105 - LETTER TO SHA RE301 CONCEPT SKETCHES.PDF XI. OLD BUSINESS A. Approval of Ordinance O-1-15 Declaring a Certain Parcel Located Generally Within the Shopping Center Known as Bowie Marketplace to be Surplus Property and Authorizing the Transfer of Said Property by the City to BE Bowie LLC to Facilitate the Redevelopment of Bowie Marketplace - Public Hearing/Eligible for Action
Documents: 20150105 - ORDINANCE O-1-15.PDF B. Approval of Ordinance O-2-15 Amending the Adopted Budget for the Fiscal Year Beginning July 1, 2014 and Ending June 30, 2015, As Embodied in Ordinance O-3-14 and Amended by Ordinance O-9-14, to Appropriate Funds for the Redevelopment of the Bowie Marketplace Shopping Center - Public Hearing/Eligible for Action
Documents: 20150105 - ORDINANCE O-2-15.PDF XII. NEW BUSINESS A. Presentation by Prince George's County Fire Chief Marc Bashoor B. Approval of Resolution R-3-15 Approving Application 14-1 to Provide Category 1 Water and Sewer Designation for Survey's Inc. for a Single Family Detached House at the Southeast Corner of Bartlett Lane and Beaverdale Lane - Public Hearing/Eligible for Action
Documents: 20150105 - RESOLUTION R-3-15.PDF XIII. ADJOURNMENT XIV. MOVE TO CLOSE SESSION Statutory Authority to Close Session, State Government Article §3-305(b)(3): To consider the acquisition of real property for a public purpose and matters directly related thereto; and §3-305(b)(4): To consider a matter that concerns the proposal for a business or industrial organization to locate, expand, or remain in the State.
This meeting will be televised live on Verizon Channel 10 and Comcast Channel 71, repeated on January 7, 2015 and January 10, 2015 at 7 p.m., and web-streamed live
NEXT REGULAR MEETING OF THE BOWIE CITY COUNCIL - TUESDAY, JANUARY 20, 2015 - COUNCIL CHAMBERS - 8 p.m. M E M O R A N D U M
TO: City Council
CC: David J. Deutsch, City Manager John Fitzwater, Assistant City Manager
FROM: Awilda Hernandez, City Clerk
SUBJECT: City Committee Appointments/Reappointments/Swearing-in
DATE: December 31, 2014
Committee Appointments/Reappointments/Swearing-in:
1. Ms. Patricia Chastang was interviewed on December 1 for appointment to the Diversity Committee. Council concurred to appoint her to the committee as a member for a 2-year term, please move to appoint her.
2. Ms. Jacqueline Lord was interviewed on December 1 for appointment to the Environmental Advisory and Green Team Executive Committees. Council concurred to appoint her to the committees as a member for a 2-year term, please move to appoint her.
3. Mr. Larry Marx was interviewed on December 1 for appointment to the Green Team Executive Committee as a member for a 2-year term, please move to appoint him.
REGULAR CITY COUNCIL MEETING MINUTES
MONDAY, OCTOBER 20, 2014
CALL MEETING TO ORDER:
The Regular Meeting of the Bowie City Council was held on Monday, October 20, 2014 in the Council Chambers at City Hall. Mayor Robinson called the meeting to order at 8:00 p.m.
PLEDGE OF ALLEGIANCE TO THE FLAG:
Boy Scout Troop 403 member led the Pledge of Allegiance to the Flag.
QUORUM:
In attendance were Mayor Robinson, Mayor Pro Tem Trouth, Councilmembers Brady, Marcos, Polangin and Turner (Arrived 8:08p.m.); City Manager Deutsch, Assistant City Manager Fitzwater, City Attorney Levan, City Clerk Hernandez, Staff, the Press, and the Public.
CITIZEN PARTICIPATION:
1. Monica Best James, on behalf of the Bowie Public Safety Committee – commended the success of the Bowie Police Department.
2. Rammtita Jones, 1406 Peachwood Lane – addressed Council with concerns about pavement patching on Mitchellville Road.
3. Brian Jamison, South Bowie Boys & Girls Club – Presented Mayor Robinson and Mayor Pro Tem Trouth with plaques thanking them for their support of the South Bowie Boys & Girls Club.
PRESENTATIONS:
Mayor Pro Tem Trouth made a motion to approve Proclamation P-12-14 Recognizing Melissa Dent for outstanding service as a business counselor for small and minority businesses in the City of Bowie through her work with America’s Small Business Development Center of Maryland, Councilmember Brady seconded the motion. Motion passed unanimously and Mayor Pro Tem Trouth presented proclamation to Ms. Dent.
CITY BOARDS AND COMMITTEES:
A. Appointments/Reappointments/Swearing-In:
1. Councilmember Polangin moved the appointment of Lisa Reid as a member of the Education Committee for a 2-year term. Councilmember Marcos seconded the October 20, 2014
motion and it carried 6-0. Mayor Robinson swore-in Ms. Reid to the Education Committee.
COUNCIL ANNOUNCEMENTS:
Mayor Robinson reminded voters that early voting will take place October 23-28 and Election Day is November 4th.
CITY MANAGER’S REPORT:
City Manager Deutsch reported on the addition of Resolution R-66-14 to the agenda, which is to allow the City to demolish the structure on the property of 16302 Pond Meadow Lane which was destroyed in a fire in 2013.
CONSENT AGENDA:
Mayor Pro Tem Trouth moved the approval of Consent Agenda Items: A) Approval of September 15 Meeting Minutes; B) Approval of October 6 Meeting Minutes; C) Approval of Resolution R-55-14 – Setting a Greenhouse Gas Emissions Reduction Target for the City; D) Approval of Resolution R-66-14 – By Two-Thirds Vote Waiving the Competitive Bidding Requirements of the City Charter to Allow the City to Enter Into a Contract With Tammal Enterprises, Inc. of Rockville, MD to Raze the Structure at 16302 Pond Meadow Lane. Councilmember Turner seconded the motion and it carried 6-0.
NEW BUSINESS:
A. Prince George’s County Transit – Ms. Tomika Monterville, Chief of the Transit Division at the Prince George’s County Department of Public Works & Transportation briefed Council on the County’s transit service and what the City can expect in the future. A copy of the presentation is on file in the City Clerk’s Office. Some of the initiatives are to launch The Bus transit service in Google Transit by fall 2014, installation of new bus shelters and benches and increase the number of accessible stops and ensure ADA compliance. Long-range transit planning includes the continued evaluation of The Bus service adjacent to WMATA’s Service Evaluation Corridors and study areas to enhance transit service.
Following comments from Councilmembers, Mayor Robinson thanked Ms. Monterville for the presentation.
B. Maranatha Adventist Fellowship Church – Planning Department staff member Mr. Frank Stevens briefed Council on Preliminary Subdivision Plan #4-12012 to obtain adequate public facilities approval in order to construct a 28,896 sq. ft./500-seat church, a 3,370 sq. ft. parsonage and a 116-car parking lot.
Mr. Kenneth Burruss, Program Manager for the project; and Pastor Uzooma Erondu spoke in support of the recommendations from the City Staff.
Mayor Robinson asked if there were any comments from the Bowie Advisory Planning Board on the plan. Mr. Stevens said that a Public Hearing was held on October 14 and the Board recommends approval of the plan.
2
October 20, 2014
Public Hearing:
1. Cecile Martin, 13411 11th Street – expressed concerns with high volume of traffic on 11th Street and is opposed to the construction of the church. 2. Robert Koelsch, 8505 Triple Crown Road – has concerns with number of parking spaces not being adequate for the number of seats in church. 3. Melissa Gilbert, 8503 Triple Crown Road – also spoke about traffic and safety concerns as well as the disturbance of the wooded area. 4. Becky Sunday, 13323 11th Street – is requesting two conditions be added prior to approval, letter with conditions is attached to these minutes for the record.
Since there were no more speakers signed up to speak, Mayor Robinson declared the public hearing to have been held.
Mr. Buruss addressed the traffic concerns that were mentioned. The traffic report was prepared by a reputable firm which followed all the requirements to be able to provide information for this plan.
Councilmember Marcos asked how many cars park there currently. Pastor Erondu responded that currently the church has 117 members, not families.
Councilmember Turner asked Pastor Erondu if he currently owns the entire property and how long has the church been there. Pastor Erondu replied that he does own the entire property and the church was established there since 2008.
Councilmember Turner also asked staff if any recommendations have been received from State Highway Administration since they own the road. Mr. Stevens replied that no comments have been received from SHA.
Councilmember Brady asked staff if they have had a chance to review the recommendations Ms. Sunday presented. Mr. Stevens said they had and the recommendations have been addressed.
Councilmember Marcos made a motion to approve Preliminary Subdivision Plan #4-12012 with these four additional conditions: (1) request of a Detailed Site Plan approval by the County Planning Board; (2) the addition of a Primary Management Area; (3) consider the use of a Safety Person to direct traffic on the days of services; (4) review improvements for sidewalks. Councilmember Polangin seconded the motion.
Councilmember Turner recommended that a request be sent to the Planning Board to have SHA address issues of the road and sidewalk and to increase the number of parking spaces from 116 to 125.
Councilmember Brady expanded on Councilmember Turner’s comments to have a Limited Detailed Site Plan addressing architectural landscaping and lighting presented before Council for approval as well as possibly including dedicated turning lanes.
Following comments from Council the motion passed unanimously, 6-0, for approval of Preliminary Subdivision Plan #4-12012.
C. Police Department Update - Police Chief Nesky briefed Council on department statistics, programs and the status of in-house call center. Staffing is currently at 54 sworn officers; 4 officer
3
October 20, 2014
candidates for the upcoming County academy and 3 openings for lateral positions. A speed camera placement has been approved for Benjamin Tasker Middle School on Rt 197, advance notice will be provided before actual citations begin. The department has also been looking at costs of body cameras.
Councilmember Polangin asked if there are any grants available for the purchase of the body cameras. Chief Nesky replied that there are some via the Council of Governments as well as Local Government Insurance Trust that are being considered.
Following comments from Councilmembers, Mayor Robinson thanked Chief Nesky and Deputy Chief Preston for the updates and the job the department is performing.
ADJOURNMENT:
Mayor Pro Tem Trouth moved to adjourn the City Council meeting and move into Closed Session under State Government Article, §3-305(b)(1): To discuss the appointment employment, assignment, promotion, discipline, demotion, compensation, removal, resignation, or performance evaluation of appointees, employees, or officials over whom this public body has jurisdiction; or any other personnel matter that affects one or more specific individuals. Councilmember Turner seconded the motion and it carried 6-0. The meeting was adjourned at 10:51 p.m.
Respectfully submitted,
Awilda Hernandez, CMC City Clerk
4
RECEIVED October 20, 2014 ocr 2 ozot4 RE: Preliminary plan of subdivision, 4-12012 PLANNING DEPARTMENT
Dear Mayor Robinson and City Council Members,
Before you tonight is a proposal for a preliminary plan of subdivision. I understand this plan approval is required because the church building being proposed is over 5,000 square feet in size. It is also required so that a plat can be recorded in the land records to reflect the current and proposed disposition of the property. As part of the county's review process of these types of applications, the design and layout of the project are never considered or discussed.
The applicant has been made aware by county staff of multiple shortcomings of the design, however, because the county's process goes from a subdivision plat directly to permit, there is no opportunity in the process for public input on the design.
We are respectfully requesting two conditions. The first condition would provide the citizens of Bowie the opportunity to comment on the design and layout of the site. The second would give the citizens some reassurance that the concept plan approval has been based solely on factual information.
1. Prior to submission of a building or grading permit application, a limited detailed site plan shall be approved by the Planning Board, or their designee, that addresses the following items: a. The building location in relation to the existing residential structures and uses on adjacent properties. b. The provision of the required landscape buffers and the allowance of Alternative Compliance only in those locations where a revised design would not result in full compliance. c. The proper placement of required access points given the sight distance issues along
11th Street and the disposition of and uses within the access easement to Parcel198. d. The preservation of several large and specimen trees in the side and rear lawn areas of the property.
2. Prior to approval of the storm water concept plan by the City of Bowie, the plans must be revised to show the existing contours and correct any factual errors such as note #5 that states that a Primary Management Area is not present.
Thank you for your time and attention to this important matter.
Respectfully, Becky Sunday Chris Nickas WRITTEN STATEMENT FOR CLOSING A MEETING UNDER THE OPEN MEETINGS ACT ~ Date: 1pfz<>,IN Time: Hf5/pfl1 Location: !d I g..{ Motion to close meeting made by: _..!../_,_fi~QIL!},_fu.._·~..-. ____
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STATUTORY' AUTHORITY TO CLOSE SESSION, General Provisions Article, §3-305(b) (check all that apply):
L<1) To discuss the appointment, employment, assignment, promotion, discipline, demotion, compensation, removal, resignation, or performance evaluation of appointees, employees, or officials over whom this public body has jurisdiction; or any other personnel matter that affects one or more specific individuals; _(2) To protect the privacy or reputation of individuals concerning a matter not related to public business; _(3) To consider the acquisition of real property for a public purpose and matters directly related thereto; _(4) To consider a matter that concerns the proposal for a business or industrial organization to locate, expand, or remain in the State; _(5) To consider the investment of public funds; _(6) To consider the marketing of public securities; _(7) To consult with counsel to obtain legal advice on a legal matter; _(8) To consult with staff, consultants, or other individuals about pending or potential litigation; _(9) To conduct collective bargaining negotiations or consider matters that relate to the negotiations; _(10) To discuss public security, if the public body determines that public discussion would constitute a risk to the public or to public security, including: (i) the deployment of fire and police services and staff; and (ii) the development and implementation of emergency plans; _(11) To prepare, administer, or grade a scholastic, licensing, or qualifying examination; _(12) To conduct or discuss an investigative proceeding on actual or possible criminal conduct; _(13) To comply with a specific constitutional, statutory, or judicially imposed requirement that prevents public disclosures about a particular proceeding or matter; _(14) Before a contract is awarded or bids are opened, to discuss a matter directly related to a negotiating strategy or the contents of a bid or proposal, if public discussion or disclosure would adversely impact the ability of the public body to participate in the competitive bidding or proposal process.
FOR EACH CITATION CHECKED ABOVE, THE REASONS FOR CLOSING AND TOPICS TO BE DISCUSSED:
§3-305(b) (I )
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WORKSHEET FOR USE IN CLOSED SESSION (CHECKLIST OF DISCLOSURES TO BE MADE IN MINUTES OF NEXT REGULAR MEETING· NOT A PART OF THE CLOSING STATEMENT)
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(Form Revised 10/1114) Appendix C REGULAR CITY COUNCIL MEETING MINUTES
MONDAY, NOVEMBER 3, 2014
CALL MEETING TO ORDER:
The Regular Meeting of the Bowie City Council was held on Monday, November 3, 2014 in the Council Chambers at City Hall. Mayor Robinson called the meeting to order at 8:00 p.m.
PLEDGE OF ALLEGIANCE TO THE FLAG:
Mayor Robinson led the Pledge of Allegiance to the Flag.
QUORUM:
In attendance were Mayor Robinson, Mayor Pro Tem Trouth, Councilmembers Brady (Arrived 8:06p.m.), Marcos, Polangin and Turner; City Manager Deutsch, Assistant City Manager Fitzwater, City Attorney Levan, Staff, the Press, and the Public.
CITIZEN PARTICIPATION:
1. Gary Allen, on behalf of the Environmental Advisory Committee, commented on new changes and regulations of items that are considered recyclable.
COUNCIL ANNOUNCEMENTS:
Mayor Robinson reminded citizens to vote on Election Day, November 4th.
CITY MANAGER’S REPORT:
City Manager Deutsch reported on the leaf collection program that will run through mid- December; the Bowie Senior Center has again received National Accreditation from the National Accreditation of Senior Centers, it is the only Senior Center in the State of Maryland to have received this recognition.
CONSENT AGENDA:
Councilmember Marcos moved the approval of Consent Agenda Items: A) Approval of Resolution R-67-14 – Accepting the Unimproved 50 Foot Wide, Public Right-of-Way of Myrtle Avenue, South of Crutchfield Avenue, for the Purpose of Constructing a Hiker-Biker Trail Segment of the Bowie Heritage Trail and Providing Future Maintenance of the Right-of-Way; B) Approval of Resolution R-68- 14 – Accepting the Deed for a Stormwater Management Parcel in the Adnell Woods Huntington City Subdivision, Also Known as all of Parcel A, Block 36, and all of Parcels B and C, Block 37, as Shown on a Plat Recorded Among the Land Records of Prince George’s County in Plat Book Rep 207, Plat Number 94, and Authorizing the City Manager to Accept and Record the Deed to the City. Councilmember Brady seconded the motion and it carried 6-0. November 3, 2014
NEW BUSINESS:
A. Emerald Ash Borer – Mr. Rick Kellner, Community Forester briefed Council on Emerald Ash Borer infestation on city trees. A copy of the presentation is on file in the City Clerk’s Office. There have been confirmed infestations on ash trees in Belair Greens, Collington Manor, Longleaf, Buckingham and Kenilworth neighborhoods. Parks & Grounds crew continues to observe, inspect and assess ash trees throughout the City to determine if they need to be removed or could be treated with a pesticide; either route is costly and funds will need to be budgeted.
Councilmember Polangin asked if an infested tree is removed and replaced with a different healthy tree, will the new tree also be in danger of getting infested with the Emerald Ash Borer. Mr. Kellner replied that it only affects Ash trees.
Councilmember Trouth asked if the trees in the J Section are more or less than 30% infected. Mr. Kellner replied that they were more than 30% infected and that is why they were removed. Councilmember Trouth also asked if the HOA was contacted in regards to this situation and Mr. Kellner replied that they did and they also went door to door informing residents of the situation.
Councilmember Brady asked if the process will be done all in house or looking to contract out. Mr. Kellner replied that the intent is to contract out the majority of the work.
City Manager Deutsch made a budget comment; this issue was brought to Council about two years ago and Council approved a three year allocation of funds at $32,000 a year in the CIP. No funds were used during Fiscal Year 2014 and so far none has been spent in Fiscal Year 2015. Mr. Kellner and his crew will continue to monitor the situation and a report will be presented to Council for approval as to the recommended treatment of the infested trees and the costs associated with those treatments before any new implementation is performed.
Mayor Robinson thanked Mr. Kellner for the presentation.
ADJOURNMENT:
Mayor Pro Tem Trouth moved to adjourn the City Council meeting. Councilmember Brady seconded the motion and it carried 6-0. The meeting was adjourned at 8:44 p.m.
Respectfully submitted,
Awilda Hernandez, CMC City Clerk
2
REGULAR CITY COUNCIL MEETING MINUTES
MONDAY, NOVEMBER 17, 2014
CALL MEETING TO ORDER:
The Regular Meeting of the Bowie City Council was held on Monday, November 3, 2014 in the Council Chambers at City Hall. Mayor Robinson called the meeting to order at 8:00 p.m.
PLEDGE OF ALLEGIANCE TO THE FLAG:
Mayor Robinson led the Pledge of Allegiance to the Flag.
QUORUM:
In attendance were Mayor Robinson, Mayor Pro Tem Trouth, Councilmembers Brady, Gardner, Marcos, Polangin and Turner; City Manager Deutsch, Assistant City Manager Fitzwater, City Attorney Levan, City Clerk Hernandez, Staff, the Press, and the Public.
CITIZEN PARTICIPATION:
1. Gary Allen, 16304 Bawtry Ct – congratulated Councilmember Turner on his election to the County Council and introduced the new Senior Pastor of St. Matthews United Methodist Church, Rev. Daniel Mejia. 2. Rev. Daniel Mejia, St. Matthews United Methodist Church – extended an invitation to Council to attend one of their “Thanksgiving” Services were they will be thanking teachers, veterans, police officers, firefighters and several other great community members for their service.
PRESENTATIONS:
A. Councilmember Brady made a motion to approve Proclamations P-14-14 and P-15-14 and presented the proclamations to Robert Feazell and Brittany Hollins on their recognition by the Local Government Insurance Trust as recipients of the 2014 “Life Savers Award”. Councilmember Turner seconded the motion and it passed unanimously. B. Councilmember Trouth made a motion to approve Proclamation P-18-14 and presented the proclamation to Dr. Theo W. Hodge, Jr. recognizing him for his years of dedication and service in the medical field. Councilmember Gardner seconded the motion and it passed unanimously. C. Mayor Robinson made a motion to approve Proclamation P-16-14 and presented Councilmember Turner with the proclamation recognizing him for his service on the Bowie City Council. Councilmember Brady seconded the motion and it passed unanimously. D. Ms. Tara Kelley-Baker and Mr. Michael Semeniuk representing CLAW presented a check to Council in the amount of $20,000 to defray the cost of construction of the City’s animal holding facility. As the facility is completed, CLAW will present another check to the City for $84,000. November 17, 2014
CITY BOARDS AND COMMITTEES:
A. Appointments/Reappointments/Swearing-In:
1. Councilmember Polangin moved the reappointment of Louis F. D’Orsaneo, Camilla M. Gaines, Yolanda Jones, Heike Nyland, Tope Ogunrinu and Irving Salzberg as members of the Board of Elections for a 2-year term. Councilmember Marcos seconded the motion and it carried unanimously.
COUNCIL ANNOUNCEMENTS:
Mayor Robinson encouraged citizens to enjoy the Thanksgiving holiday with their families.
CITY MANAGER’S REPORT:
City Manager Deutsch reported the construction of the animal holding room began this morning and it is expected to be completed within a month and work also began this morning on the demolition of the house on Pond Meadow Lane.
CONSENT AGENDA:
Councilmember Turner moved the approval of Consent Agenda Items: A) Introduction of Ordinance O-9-14 – Amending the Adopted Budget for the Fiscal Year Beginning July 1, 2014 and Ending June 30, 2015, As Embodied in Ordinance O-3-14, to Amend the Gymnasium Fees; B) Approval of Position Letter re: Proposed Event Areas Within Parking Areas of Bowie Town Center. Councilmember Brady seconded the motion and it carried 7-0.
NEW BUSINESS:
A. Approval of Resolution R-70-14 Endorsing Trap-Neuter-Return as a Humane Method of Addressing Free-Roaming and Feral Cat Populations in Bowie – Mr. Steve Roberts, Animal Control Supervisor briefed Council on the program. TNR is a nationally accepted method to humanely and effectively manage community cat colonies. The primary goal is the reduction of free-roaming cats by care givers who trap, spay or neuter, and vaccinate the cats. The resolution will assist TNR organizations toward obtaining funding from the Maryland Department of Agriculture Spay and Neuter Grant program and PetSmart charities.
Ms. Elizabeth Holt, representing Alley Cat Allies briefed Council on the benefits of the Trap- Neuter-Return Program to the city. The program will help stabilize and reduce the number of free roaming and feral cats which in turn will result in fewer cat nuisance complaints to Bowie Animal Control.
Public Hearing:
1. Terri Stumpf, 4917 Ridgeview Lane – expressed support of the TNR program. 2. Lila Pavelec, 12203 Stanfield Ct – is in favor of the TNR program. 3. Connie Carter, 12100 Rustic Hill Drive – also supports the program and the benefits of it.
Since there were no more speakers signed up to speak, Mayor Robinson declared the public hearing to have been held.
2
November 17, 2014
Councilmember Brady asked if the approval of this resolution would cause any changes to be made to the City Code dealing with animal control enforcement.
Mr. Roberts said that changes will be needed to the City Code and those changes will be presented to Council at a meeting in January.
Councilman Brady also asked if Prince George’s County is doing the program. Mr. Roberts replied that at the current time they are not but are actively looking into it.
Councilmember Brady made a motion to approve Resolution R-70-14. Mayor Pro Tem Trouth seconded the motion. Motion carried 7-0.
B. Bowie Marketplace Redevelopment and Approval of Resolution R-69-14 Authorizing the City Manager to Enter Into an Agreement for the Payment of Incentives from the Bowie Economic Development Incentive Fund for the Redevelopment of the Bowie Marketplace Shopping Center – Mr. John Henry King, Economic Development Director introduced Mr. Brian Berman from Berman Enterprises who briefed Council on the status of the redevelopment of Bowie Marketplace Shopping Center. In order for the shopping center to be a success there is a need for an anchor store, Berman Enterprises is very close to signing an agreement with Harris Teeter to become that anchor store for Bowie Marketplace. They have also secured buyout rights for Rite Aid, Letter of Intents with Glory Days and secured month to month leases with the remaining tenants. Prince George’s County has approved a $1 million incentive program to help in the redevelopment and pending approval of an incentive plan from the City.
Mr. King stated that in order for Berman Enterprises’ plans for the property to come to fruition the following items need to be addressed by Council. A subdivision request that will shift lot lines from City owned property at Acorn Hill Park and transfer of ownership of “Parcel A” which is a 0.3 acre piece of land that is at the end of Sage Lane and an exit from the Marketplace parking lot adjacent to Acorn Hill Park. The City does not maintain this paved parcel; the City will still maintain ownership of the park. They will also need an incentive from the City to help defray the costs of demolishing the existing deteriorated structure as well as a cash grant to close the gap between what the grocer will pay in rent and what the rent revenue should be. These items are what are stated in Resolution R-69-14 that is before Council this evening for approval. The total amount of the incentive would be $950,000.
Public Hearing:
1. Michael Gorman, 2008 Althea Lane – proposed that the developer consider using some of the property to provide classroom spaces for graduate education courses. 2. Ron Ciuffetelli, 3549 Madonna Lane – operator of Shell gas station on corner of Marketplace is against the construction of the gas station by Harris Teeter. 3. Carl Bethke Jr., 15651 Annapolis Rd – is opposed to the new gas station and has concerns with zoning variances. 4. Ikenna Udejiofo, 3204 Chelmont Lane – has concerns with the granting of the incentives from the City.
Since there were no more speakers signed up to speak, Mayor Robinson declared the public hearing to have been held.
Councilmember Polangin asked if the developer is not able to get either the gas pad or the liquor license will Harris Teeter not sign the lease agreement. Mr. Berman replied yes, both are required.
3
November 17, 2014
Councilmember Turner asked how many existing businesses are willing to remain in the shopping center after the redevelopment. Mr. Berman said that they are working closely with all current tenants to have them remain.
Councilmember Brady encourages the developer to increase the residential portion for senior living to more than just 20%.
Councilmember Polangin made a motion to approve Resolution R-69-14 Authorizing the City Manager to Enter Into an Agreement for the Payment of Incentives from the Bowie Economic Development Incentive Fund for the Redevelopment of the Bowie Marketplace Shopping Center. Mayor Pro Tem Trouth seconded the motion. Motion passed unanimously.
C. Sustainability Plan Initiative – Mr. Joe Meinert, Planning Director summarized the plan to Council. City staff was contacted by Maryland-National Capital Park and Planning Commission staff about the possibility of collaborating on a Sustainability Plan, through the Planning Board’s “Planning Assistance to Municipalities and Communities” program. The costs for Sustainability Plans vary depending on the size of the jurisdiction and whether consulting services are used. These costs should be minimized by using M-NCPPC and City staff as much as possible. The City’s Environmental Advisory Committee and Green Team Executive Committee will serve in an oversight capacity throughout the project and regular progress briefings will be provided to Council.
Councilmember Turner made a motion to support the proposed Sustainability Plan initiative and directed staff to send a letter to the Planning Board outlining the expectations of the project. Councilmember Polangin seconded the motion. Motion passed unanimously.
D. Remarks by Councilmember Turner – Councilmember Turner announced his resignation as City Councilmember effective November 30, 2014; as he has been elected to serve on the Council for Prince George’s County. He thanked his colleagues, staff and residents for all the support during his tenure as Councilmember.
ADJOURNMENT:
Mayor Pro Tem Trouth moved to adjourn the City Council meeting and move to Close Session, State Government Article §3-305(b)(1): To discuss the appointment, employment, assignment, promotion, discipline, demotion, compensation, removal, resignation, or performance evaluation of appointees, employees, or officials over whom this public body has jurisdiction; or any other personnel matter that affects one or more specific individuals and §3-305(b)(4): To consider a matter that concerns the proposal for a business or industrial organization to locate, expand, or remain in the State. Councilmember Brady seconded the motion and it carried 7-0. The meeting was adjourned at 10:50 p.m.
Respectfully submitted,
Awilda Hernandez, CMC City Clerk
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WRITTEN STATEMENT FOR CLOSING A MEETING UNDER THE OPEN MEETINGS ACT
Date: il v?At Time: I 0; ._;op~""Location: G j t y dull Motion to close meeting made by: Trov+L Seconded by 6rtt.cb , Mem._bers voting in favor: Rub;J.t~JY\ Tvrvuv Trou~h_ Kc<-ras _j I t . I ()tAfdac l Y?xt.d;r eoi(~VJ. Opposed: __ Abstaining Absent _____
STATUTORY AUTHORITY TO CLOSE SESSION, General Provisions Article, §3-305(b) (check all that apply):
To discuss the appointment, employment, assignment, promotion, discipline, demotion, compensation, removal, resignation, or performance evaluation of appointees, employees, or officials over whom this public body has jurisdiction; or any other personnel matter that affects one or more specific individuals; _(2) To protect the privacy or reputation of individuals concerning a matter not related to public business; (3) To consider the acquisition of real property for a public purpose and matters directly related thereto; ::2(4) To consider a matter that concerns the proposal for a business or industrial organization to locate, expand, or remain in the State; _(5) To consider the investment of public funds; _(6) To consider the marketing of public securities; _(7) To consult with counsel to obtain legal advice on a legal matter; _(8) To consult with staff, consultants, or other individuals about pending or potential litigation; _(9) To conduct collective bargaining negotiations or consider matters that relate to the negotiations; _(10) To discuss public security, if the public body determines that public discussion would constitute a risk to the public or to public security, including: (i) the deployment of fire and police services and staff; and (ii) the development and implementation of emergency plans; ( 11) To prepare, administer, or grade a scholastic, licensing, or qualifying examination; =(12) To conduct or discuss an investigative proceeding on actual or possible criminal conduct; _(13) To comply with a specific constitutional, statutory, or judicially imposed requirement that prevents public disclosures about a particular proceeding or matter; _(14) Before a contract is awarded or bids are opened, to discuss a matter directly related to a negotiating strategy or the contents of a bid or proposal, if public discussion or disclosure would adversely impact the ability of the public body to participate in the competitive bidding or proposal process.
FOR EACH CITATION CHECKED ABOVE, THE REASONS FOR CLOSING AND TOPICS TO BE DISCUSSED:
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TOPICS ACTUALLY DISCUSSED·------
ACTION(S) TAKEN (IF ANY) AND RECORDED VOTES:------
TIME CLOSED SESSION ADJOURNED: __/...;,./ _:_o_O-L.· _l"l______PLACEOFCLOSEDSESSION.______PURPOSEOFCLOSEDSESSION: ______
STATUTORY AUTHORITY FOR THE CLOSED SESSION: §3-305(b) (I); (J.b ; { )·------MEMBERS WHO VOTED TO CLOSE:. ______
(Form Revised 10/1/14) Appendix C REGULAR CITY COUNCIL MEETING MINUTES
MONDAY, DECEMBER 1, 2014
CALL MEETING TO ORDER:
The Regular Meeting of the Bowie City Council was held on Monday, December 1, 2014 in the Council Chambers at City Hall. Mayor Robinson called the meeting to order at 8:00 p.m.
PLEDGE OF ALLEGIANCE TO THE FLAG:
Mayor Robinson led the Pledge of Allegiance to the Flag.
QUORUM:
In attendance were Mayor Robinson, Mayor Pro Tem Trouth, Councilmembers Brady, Gardner (Arrived 8:07 p.m.), Marcos (Arrived 8:26 p.m.), and Polangin; Assistant City Manager Fitzwater, City Attorney Levan, City Clerk Hernandez, Staff, the Press, and the Public.
CITIZEN PARTICIPATION:
1. Lynn Beiber, 5000 Rochester Lane – commented about issues with smart meters and fire hazards.
PRESENTATIONS:
A. Mayor Pro Tem Trouth made a motion to approve Proclamation P-17-14 and presented the proclamation to James Elben III recognizing him for his courage and great instincts during a trash truck fire. Councilmember Brady seconded the motion and it passed 5-0.
COUNCIL ANNOUNCEMENTS:
Mayor Robinson announced the City Council seat vacancy and the procedures for applying and the City Tree Lighting Ceremony will be held December 7th at 7pm at the Belair Mansion.
CONSENT AGENDA:
Councilmember Polangin moved the approval of Consent Agenda Items: A) Approval of Resolution R-71-14 Deferring the Lease Payment for December 2014 and January 2015 for Bowie Golf Management, Inc.; B) Introduction of Ordinance O-1-15 Declaring a Certain Parcel Located Generally Within the Shopping Center Known as Bowie Marketplace to be Surplus Property and Authorizing the Transfer of Said Property by the City to BE Bowie LLC to Facilitate the Redevelopment of Bowie Marketplace; C) Introduction of Ordinance O-2-15 Amending the Adopted Budget for the Fiscal Year Beginning July 1, 2014 and Ending June 30, 2015, As Embodied in Ordinance O-3-14 and Amended by Ordinance O-9-14, to Appropriate Funds for the Redevelopment of the Bowie Marketplace Shopping Center. Councilmember Brady seconded the motion and it carried 5-0. December 1, 2014
OLD BUSINESS:
A. Approval of Ordinance O-9-14 Amending the Adopted Budget for the Fiscal Year Beginning July 1, 2014 and Ending June 30, 2015, As Embodied in Ordinance O-3-14, to Amend the Gymnasium User Fees – Assistant City Manager Fitzwater summarized the ordinance to Council which will change the user fees for court rentals and annual memberships effective January 1, 2015. The increase will provide additional revenue and address the consultant’s recommendation of achieving rates closer to area markets.
Public Hearing:
Since there were no speakers signed up to speak, Mayor Robinson declared the public hearing to have been held.
Councilmember Polangin made a motion to approve Ordinance O-9-14 Amending the Adopted Budget for the Fiscal Year Beginning July 1, 2014 and Ending June 30, 2015, As Embodied in Ordinance O-3-14, to Amend the Gymnasium User Fees. Mayor Pro Tem Trouth seconded the motion. Motion passed 4-1 (Brady).
Councilmember Brady commented that he supports the basis of why this is being done but does not support doing it mid-year of a budget cycle.
NEW BUSINESS:
A. BGE Presentation – Mr. Michael Fowler, External Affairs Manager and Mr. Matt Fiery, Supervisor Customer Reliability Support summarized a presentation to Council on BGE’s performance over the past year and outline their future projects in the City. BGE has developed an external customer outreach program that includes direct contact, automated phone messages, flyers, project signage, community meetings, e-mails and social media to keep customers informed and minimize disruptions where appropriate. As of September 30th there have been 12 minor storms and 1 major storm that have interrupted service for Bowie customers. A copy of the presentation is on file in the City Clerk’s office.
Councilmember Gardner asked how often BGE increases their rates. Mr. Fowler responded that they had an increase last year.
Mayor Pro Tem Trouth asked about the installation procedures of smart meters on older homes. Mr. Fowler responded that when a smart meter is to be installed there is an inspection that needs to be done on the meter box and those terminals to make sure there is no corrosion, no loose fittings; if it does not pass the test, the meter box gets replaced.
Mayor Robinson would like BGE representatives to report back to Council with an assessment of the cause of recent fire on Firtree Lane and also directed staff to draft a letter to the Prince George’s Fire Chief for an explanation of this fire.
B. Draft Climate Action Plan – Mr. Joe Meinert, Planning Director summarized the plan to Council. The Draft Climate Action Plan was developed and prepared by the City’s Department of Planning and Economic Development, the Green Team Executive Committee and the Environmental Advisory Committee. The plan outlines actions that the City has taken to reduce its Greenhouse Gas Emissions as well as actions it will complete in order to reduce total community Greenhouse Gas Emissions 20% by 2020.
2 December 1, 2014
Public Hearing:
1. Lynn Beiber, 5000 Rochester Lane – does not approve with the way the data has been gathered for the plan.
Since there were no more speakers signed up to speak, Mayor Robinson declared the public hearing to have been held.
Councilmember Brady made a motion to have staff prepare responses to public comments and prepare a resolution for City Council approval. Councilmember Polangin seconded the motion. Motion passed 6-0.
ADJOURNMENT:
Mayor Pro Tem Trouth moved to adjourn the City Council meeting. Councilmember Brady seconded the motion and it carried 6-0. The meeting was adjourned at 9:37 p.m.
Respectfully submitted,
Awilda Hernandez, CMC City Clerk
3
MEMORANDUM
TO: City Council
FROM: David J. Deutsch City Manager
SUBJECT: Resolution R-1-15 BV-5-14 3127 Belair Drive
DATE: December 31, 2014 ______
Attached please find a copy of Resolution R-1-15 for BV-5-14 approving a variance of three feet from the minimum eight foot side yard setback prescribed by Section 27-442 (e) (Table IV) of the Prince George’s County Zoning Ordinance to validate an 11 foot by 14 foot wood deck on the south side of the existing dwelling and to permit the construction of an 11 foot by 14 foot sunroom over the existing deck. Council is authorized to adopt this Resolution via the adopted variance and departure procedures granted to the City. The Bowie Advisory Planning Board (BAPB) approved the above case on November 25, 2014, in accordance with the staff recommendation, and adopted their findings in Resolution #BV-5-14. No appeal or oral argument has been filed with the City, nor has any City Council member called up the action of the BAPB recommending approval of the requested variance. The attached resolution reflects BAPB's findings and recommendation.
Recommendation
It is recommended that Council approve the attached Resolution (R-1-15).
Attachment
Resolution R-1-15
RESOLUTION OF THE COUNCIL OF THE CITY OF BOWIE, MARYLAND APPROVING VARIANCE APPLICATION BV-5-14, A REQUEST BY DEBORAH M. AND JOHN W. RICE FOR A VARIANCE OF THREE FEET FROM THE MINIMUM EIGHT FOOT SIDE YARD SETBACK PRESCRIBED BY THE PRINCE GEORGE’S COUNTY ZONING ORDINANCE TO VALIDATE AN 11 FOOT BY 14 FOOT WOOD DECK ON THE SOUTH SIDE OF THE EXISTING DWELLING AND TO PERMIT THE CONSTRUCTION OF AN 11 FOOT BY 14 FOOT SUNROOM OVER THE EXISTING DECK AT 3127 BELAIR DRIVE
WHEREAS, the City of Bowie (hereinafter the “City”), pursuant to Ordinance O- 24-98 (hereafter the “Ordinance”), is authorized to hear requests for Variances from the terms of the Prince George’s County Zoning Ordinance (hereafter the “Zoning Ordinance”) with respect to building setbacks, height, lot coverage and so forth, and to make recommendations to the Bowie City Council in connection therewith; and,
WHEREAS, the City is authorized by the Ordinance to grant an application for a Variance if the Bowie Advisory Planning Board (hereinafter the “BAPB”) makes the following findings pursuant to Section 27-230 of the Zoning Ordinance:
(1) A specific parcel of land has exceptional narrowness, shallowness, or shape, exceptional topographic conditions, or other extraordinary situations or conditions; and,
(2) The strict application of the Zoning Ordinance will result in peculiar and unusual practical difficulties to, or exceptional or undue hardship upon, the owner of the property; and,
(3) The variance will not substantially impair the intent, purpose, or integrity of the General or Master Plan.
WHEREAS, the City Council is authorized by the Ordinance to accept or deny the recommendation of the BAPB with respect to Departures and Variances; and,
WHEREAS, on or about November 4, 2014, Deborah M. and John W. Rice (the “Applicants”) of 3127 Belair Drive (the “Subject Property”) in the Somerset section of the City submitted an application for Variance of three feet from the minimum eight foot side yard setback prescribed by Section 27-442 (e) (Table IV) of the Prince George’s County Zoning Ordinance to validate an 11 foot by 14 foot wood deck on the south side of the existing dwelling and to permit the construction of an 11 foot by 14 foot sunroom over the existing deck; and, 2 R-1-15
WHEREAS, the Subject Property was posted with a public hearing advertisement on November 10, 2014 in accordance with the adopted Ordinance; and,
WHEREAS, the technical staff report recommended APPROVAL of the Variance request; and,
WHEREAS, on November 25, 2014, the BAPB heard testimony and accepted evidence with respect to whether it can make the necessary findings set forth in the Ordinance to grant a Variance and the Board voted to recommend APPROVAL of the Variance in accordance with the staff recommendation; and,
WHEREAS, the BAPB’s recommendation was based on the findings and analysis found in the technical staff report and testimony provided during the hearing; and,
WHEREAS, pursuant to the City Code, within 15 days of the BAPB's decision, persons of record may file an appeal or a City Councilmember may request oral argument if the BAPB’s recommendation fails to comply with the criteria for approval, and no person of record filed an appeal and no member of the City Council requested oral argument regarding the BAPB’s decision; and,
WHEREAS, the City Council accepts the following findings of fact recommended by the BAPB, specifically as follows:
1. The Subject Property is zoned R-55 (One Family Detached Residential) and contains 13,284 square feet. The Subject Property is identified as Lot 28, Block 2, Section 1 of Somerset at Belair subdivision.
2. The Subject Property is currently improved with a single-family detached dwelling, an 11 foot by 14 foot wooden deck and stairs, a 120 square foot shed and driveway.
3. Section 27-442 (e) (Table IV) of the Prince George's County Zoning Ordinance prescribes a minimum eight foot side yard setback in the R-55 (One Family Detached Residential) zone.
4. The Applicants propose to construct an 11 foot by 14 foot sunroom over the existing deck located on the south side of the dwelling.
5. The Applicants’ deck has existed since the mid-1980s, without any known complaints.
6. There was no response from the eight property owners notified of the Variance request.
3 R-1-15
WHEREAS, the City Council hereby makes the following conclusions of law:
1. The specific parcel of land has exceptional topographic conditions. The Applicants state that the placement of the proposed sunroom is due to the exceptional topographic conditions on the Subject Property, and that the extreme topography of the property leaves them with no other options. The City Council concurs with the Applicants’ rationale that there is no other location within the property where such an addition could be built. The Subject Property is steeply sloped and the location of the existing deck is the only logical place where an addition could be built. It should also be noted that the southern exposure of the south side of the dwelling would be conducive to the purpose of a sunroom. The City Council therefore concludes that the specific parcel of land has exceptional topographic conditions that satisfy this criterion.
2. The strict application of the County Zoning Ordinance will result in peculiar and unusual practical difficulties to, and exceptional and undue hardship upon, the owners of the property. The Applicants note that the proposed sunroom will assist in the protection of the dwelling’s exit door and will have no adverse effects on properties in the neighborhood. The City Council finds that the extreme topographic conditions of the Subject Property make it virtually impossible for the Applicants to construct a sunroom without the need for a Variance. The multi-level dwelling unit is constructed into the contours of the land and, due to the uphill topography of the Subject Property, there is no egress from the rear of the dwelling unit into the rear yard. Furthermore, the City Council believes it would be a practical difficulty to the owners of the Subject Property to comply with zoning regulations and construct a freestanding sunroom uphill and behind the dwelling, under mature trees, which would defeat the purpose of having a sunroom. The location of the sunroom is the only logical location where a sunroom could be built. The City Council finds that building a structure on the existing wood deck, which is currently located five feet from the south side lot line, would not introduce any new disturbance to the property. Because of these factors, the City Council concludes that the strict application of the Zoning Ordinance will result in peculiar and unusual practical difficulties to the owners of the property and therefore concludes that this criterion is met.
3. The Variance will not substantially impair the intent, purpose, or integrity of the General Plan or Master Plan. The Applicants state that the Variance will not be in conflict with the purposes of the Master Plan and policies of Prince George’s County. The Subject Property is located within a Residential, Low Density land use area within the Developing Tier as designated in the 2006 Approved Bowie and Vicinity Master Plan. A stated Goal for the Developing Tier in both the General Plan and Area Master Plan is to sustain or reinforce existing suburban residential neighborhoods. Master Plan Policy 3 for the Developing Tier states: 4 R-1-15
Policy 3. Protect, maintain and enhance the unique historical, cultural, and architectural identity, heritage and character of the City of Bowie.
Strategy 3 under this policy states the following:
3. Encourage the compatibility of infill residential development...Consideration should be given to similarity in density, style, size, material and design to the surrounding residential neighborhoods.
The Applicants are designing the proposed sunroom to be compatible with the existing dwelling. The design is residential in character and will not create a negative impact on properties in the neighborhood. By its location over the existing deck, which has existed since the mid-1980s without any known complaints, the proposed construction will not substantially impair the intent, purpose or integrity of the County General Plan or Master Plan. Therefore, this criterion is met.
NOW, THEREFORE, BE IT RESOLVED by the City Council that the above “Whereas” clauses are hereby incorporated as operative provisions of this Resolution.
BE IT FURTHER RESOLVED that the City Council of the City of Bowie hereby adopts Resolution R-1-15 to APPROVE Variance BV-5-14 for a Variance of three feet from the minimum eight foot side yard setback prescribed by Section 27-442 (e) (Table IV) of the Prince George’s County Zoning Ordinance to validate an 11 foot by 14 foot wood deck on the south side of the existing dwelling and to permit the construction of an 11 foot by 14 foot sunroom over the existing deck.
INTRODUCED AND PASSED on this Fifth day of January 2015, by the City Council of the City of Bowie.
______G. Frederick Robinson Mayor
______Awilda Hernandez City Clerk
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MEMORANDUM
TO: City Council
FROM: David J. Deutsch, City Manager
RE: R-2-15, Climate Action Plan
DATE: December 10, 2014 ______
I. Background
On December 1, 2014 City Council conducted a public hearing on a prepared Climate Action Plan. Council directed that the revised product be brought back on a future agenda for adoption and final approval. Revisions to the draft document were made in response to public comments (see attached memorandum). Upon approval, the document will be implemented by staff over the next five years and the final document will be made available to the public.
II. Recommendation
Because all public comments submitted in regards to the December 1, 2014 public hearing were reviewed and appropriate changes were made to create a final Climate Action Plan document, staff recommends APPROVAL of R-2-15.
Attachments: Memo to City Manager dated 12/10/2014 re: Response to Public Comments Climate Action Plan dated January 5, 2015 R-2-15
RESOLUTION OF THE COUNCIL OF THE CITY OF BOWIE, MARYLAND ADOPTING A CLIMATE ACTION PLAN FOR THE CITY
WHEREAS, that the City Council set a Citywide Greenhouse Gas Emissions Reduction Target of at least 20% below 2007 levels by 2020; and
WHEREAS, the Department of Planning and Economic Development, the Green Team Executive Committee, and the Environmental Advisory Committee together developed and prepared a Climate Action Plan for the City of Bowie; and
WHEREAS, a City Council public hearing was held on December 1, 2014; and
WHEREAS, the City Council reviewed the document at the December 1, 2014 public hearing; and
WHEREAS, all public comments were reviewed and appropriate changes were made to the Climate Action Plan; and
WHEREAS, Council directed staff to prepare a resolution adopting the Climate Action Plan; and
NOW, THEREFORE, BE IT RESOLVED that the Council of the City of Bowie does hereby approve and adopt the Climate Action Plan dated January 5, 2015, which shall become effective immediately.
INTRODUCED AND PASSED by the Council of the City of Bowie, Maryland at a Meeting on January 5, 2015.
______G. Frederick Robinson, Mayor
Attest:
______Awilda Hernandez, City Clerk
MEMORANDUM
TO: David J. Deutsch, City Manager
VIA: Joseph M. Meinert, AICP Director of Planning and Economic Development
FROM: Kristin Larson, Sustainability Planner
RE: Climate Action Plan Response to Public Comments
DATE: December 10, 2014 ______
I. Background
The Department of Planning and Economic Development, the Green Team Executive Committee, and the Environmental Advisory Committee together had developed and prepared a Draft Climate Action Plan for the City of Bowie. The plan outlined actions that the City has taken thus far to reduce its Greenhouse Gas (GHG) Emissions as well as actions it will complete in order to reduce total community GHG emissions 20% by 2020, using a 2007 baseline.
The plan became available for public comment on November 3, 2014, and City Council held a public hearing on the proposed Climate Action Plan on December 1, 2014. Comments were received at the public hearing but several residents submitted comments during the public comment period. Public comments received are stated and addressed in this document.
II. Public Comments
Public comments were received from three residents between November 3, 2014 and December, 1, 2014. All individual comments received are listed below:
1. The use of assumptions in the greenhouse gas inventories completed for the City of Bowie is concerning.
Assumptions are necessary in order to calculate such an inventory, and reasonable assumptions were made when completing greenhouse gas inventories for the City.
2
Climate Action Plan – Response to Public Comments
2. Page 3 - You describe the consequences in Bowie according to NASA that include both increased precipitation events and drought. These seem incongruent and could benefit from either an explanation or better wording. People will ask, “How can you have both?” It is important that you don't lose credibility in the introduction.
Section now reads: • Increased heat • Decreased snowfall • Increased intense precipitation events • Increased drought (more likely in summer months)
3. Page 8 - In addition to prioritizing based on levels of reductions, you might want to strongly consider some actions that have high or higher levels of visibility in the community. You can get more engagement for tangible actions. Furthermore, there are often economic tie ins. Making retail outlets more accessible to walking and biking might help local businesses. I know if I walk or bike, I buy local. If I drive, I very well might go outside the city or county. So some actions may have other benefits and further other city goals and should be evaluated in that manner.
Most if not all the actions in the Climate Action Plan will involve increased visibility and publicizing in many different ways and some yet to be defined ways, so it would be very difficult to prioritize actions in terms of higher levels of visibility.
Also, many of these actions will have additional benefits, and the actions will be monitored and tracked as part of the plan. On page 10, the following statement was added, “These goals and actions provide a strong base in order for the City to address greenhouse gas emissions, to achieve its emissions reduction target, and to contribute an overall positive benefit to the community. Other impacts associated with the plan (economic, other environmental benefits, etc.) will continue to be evaluated through its progression.”
4. Page 9 – It is stated that influences outside the City could have an effect as much as 42-52% in reduction targets. I read this as a margin of error and it is very large. Clearly everyone going in the same diction would help a lot. They could also result in complete failure to even come close to the goals. To miss targets by huge amounts will fuel the misconception that this is all a waste of money. Sources or “error” need to be understood and conveyed in order to have an honest conversation.
In order to calculate every proposed action and external factor that will affect the City of Bowie’s greenhouse gas emissions in future, the plan’s emission reduction calculations would have had to come at a higher price ($100,000 or more compared to $10,000), and the estimation would most likely still have a significant margin of error. This plan was created to encourage resident supported climate actions in the City and to help focus a range of climate actions already undertaken by the City. All assumptions are stated in the plan or provided in the Appendix for clarification. 3
Climate Action Plan – Response to Public Comments
5. Page 10 – Encouraging transit oriented development (TOD) is mentioned. A large part of the emissions originate from transportation. It cannot be overstated that land use policy is a very dominate influence in how people make transportation decisions. I am not seeing any expanded discussion relating these and what land use actions will be pursued. You cannot be effective if you don't address both. I realize the City does not have local zoning authority. But surely there are things that it can do, even at the City code level. An opportunity was lost with the recent plans for Marketplace rehabilitation. It is most unfortunate that the grocery store feels compelled to be in the gas station business. The discounted fuel prices only promote more driving. Note that per data presented in Figure 2 on page 7, reducing vehicle miles traveled was the second highest recommendation. Even if this is needed for the redevelopment to proceed, the City could have also added stipulations that the new development provide bike parking and tie into the pedestrian and bicycling infrastructure. Free State failed on both accounts when it was redeveloped. Hilltop did a somewhat better job, but is very subpar and not a good benchmark.
Staff has been working with the City Lobbyist to draft amendments to the State of Maryland’s Land Use Article that will provide additional options for municipalities that want to take on more of a decision making role in the development review process. However, this is still a work in progress.
In regards to the Marketplace rehabilitation, the developers have indicated that they will be researching the applicability of LEED and have a LEED AP on staff.
6. Pages 11 & 14 – Energy, Goal A, Item 4. This can be made effective if it included an itemized list of improvements that indicated cost estimates and emissions reductions. It would be really good to reflect a cost savings (presumably as a result of less energy used). Most people will be more interested in saving money than helping the City meet these emissions goal.
“Include information about common cost-effective energy efficiency retrofits for Levitt home designs with a scheduled water bill notification to Levitt communities” is what is stated in the description of this action. This refers to, in the future, developing a cost- savings analysis from an itemized list of common improvements for Levitt Homes.
7. Page 11 & 16 - Energy, Goal D, Item 1. This can be made effective by showing cost savings.
The description on this action now reads “Track renewable energy projects that exist in the City, Highlight existing renewable energy projects and their benefits by at least holding one promotion event or activity and by continuously providing information on the City website.” Highlighting benefits of solar would include showing cost-savings.
8. Page 12 & 18 - Transportation, Goal F, Item 2. Consider commuter parking at underutilized parking lots that already exist. There is a big empty lot behind Giant at 4
Climate Action Plan – Response to Public Comments
Freestate. If buses were dropping of folks to get to their cars, they might also patronize the stores. Why be limited to Northview?
This action is not limited to the lot on Northview Drive. The action states to both investigate opportunities for additional commuter parking lots and more effective use of the existing park and ride lot on Northview Drive. Since the Northview Drive lot is a County-owned/operated facility, the City would be willing to approach the County to assist them to develop a strategy promoting the potential increased utilization of this lot. Also, investigation of the potential of using underutilized parking lots at shopping centers will continue.
9. Page 12 & 18 - Transportation, Goal G, Item 2. This can be made much more effective if the City had a dedicated bike/pedestrian coordinator.
This action is currently handled by planning staff, and there is no present justification to hire a dedicated bike/pedestrian coordinator. For example, the City has been a participant in the region-wide annual Bike to Work Day event for more than 10 years. The coordination of this event in Bowie and managing the two pit stops in the City have been successfully handled by current City staff.
10. Page 12 & 18 - Transportation, Goal G, Item 3. Having the goal of becoming a League of American Cyclist Bike Friendly City could further this goal and provide national recognition at the same time. In the past the City has shown little interest in this despite the potential.
Staff was not certain that there would be enough support to complete this action by 2020. Thus, it was not included in the plan. However, the City of Bowie has received recognition in other ways. Bowie has been the recipient of several grants over the years which have resulted in improved hiking and biking conditions throughout the City.
Examples include: construction of the pedestrian bridge over MD Route 197 in the Town Center; construction of several off-road trail segments; and, installation of on-road bike route and wayfinding signage along City streets. The most recent phase of the latter project has increased the City’s on-road bike route system by almost 11 miles. Furthermore, two national trails, the East Coast Greenway, which runs in a north-south direction, and the American Discovery Trail, which spans the country in an east-west direction, intersect in the Bowie area. The alignments of these trails have been identified on the respective maps and websites, which depict their locations and proximity to Bowie.
11. Page 12 & 19 - Transportation, Goal G, Item 4. I really think this needs to be divided into separate items. I can see a bike sharing system, and items that require infrastructure as a long-term goals. There are a lot of people in the community who already own bikes. The goal mentions bike rack, but the description fails to address them. The planned initiatives should also include examining bike access to commercial centers. Many are 5
Climate Action Plan – Response to Public Comments
difficult to access in anything other than a car. I strongly believe bicycle racks should be a short-term goal. This is easy and inexpensive. It also provides visibility as they would be located, presumably, where people want/need to go. Studies show there are only a few reasons people don't bike more. First is safety, and that often requires infrastructure improvements. Second is lack of a place to securely park. So why wait three or more years to address this?
Bike racks are included as long-term actions because of the time to prioritize areas that need them and depending on how many are installed, they can be expensive. Also, it would seem best to investigate and act on all these items as whole, since each depends on the other for better bicycle mode share.
In the meantime, the City has installed bike racks at several of its public properties and parks. During the review of land development cases, the City and County work together to recommend to the County Planning Board that bike racks be included as part of an approved project. Staff have been successful in this endeavor, and will continue to request that bike racks be included in development review cases, as appropriate. With respect to reprogramming traffic signals to improve pedestrian awareness, the City has worked with both the State and County when intersection improvements are proposed to confirm that handicap ramps and pedestrian countdown signal displays are included.
12. Page 12 &19 - Transportation, Goal G, Item 5. Not sure why this is a long-term goal. The City already has a master trails map and plan. This could be made more effective if there were a dedicated bike/pedestrian coordinator position within the City. I think having an informed advocate could be beneficial for the emissions goals as well as economic development and general quality of life in the City.
This action has been changed to a short-term goal. Also, see response to comment 9. City staff performs several roles and functions, including serving in the capacity of a bike/pedestrian coordinator, and have been quite successful in this role. The projects that have resulted from their efforts, as noted above in response to comment 10, provide opportunities for residents to use trails and the on-road bicycle network as alternatives to driving vehicles.
13. Page 21 - Transportation, Goal H, Item 6. I am not sure this is a good idea. This still promotes driving. It's great that people drive hybrid cars. The secret to large savings in fuel (and emissions) is to have an efficient vehicle AND drive it less. Not sure a parking incentive is going to make the difference in a car purchase. Better to put resources elsewhere, maybe bike racks!
This action is inexpensive and has the additional benefit of increasing visibility/ awareness of hybrid cars.
14. Page 13 – Land use, Goal K. This is exclusively focused on trees. While trees are good for emissions capture, there seems to be a lack of imagination. Land use and 6
Climate Action Plan – Response to Public Comments
transportation go hand-in-hand. What about implementing sidewalks or preferences for promoting development already near transportation facilities, or better yet, where people live. Also, new developments that are next to old developments should have transportation connections (sidewalk, bike path at a minimum). There are many neighborhoods that are islands only connected via arterial roads. Connecting paths should be a requirement. Good paths also increase property values (another economic synergy). A recent failure in this is the City's approval of a new Super Walmart that every customer will have to drive to. Again, I realize the City does not have zoning authority, but it could decide on a set of guidelines for desired features. The City could offer move assistance to proposals that fall in-line with the guidelines. Also again, many City goals can be promoted, such as emissions reductions and economic development.
See response to comment 5.
15. Page 48 – Please remove my personal email address.
The e-mail address on page 48 has been removed. Additionally, Appendix D has been reformatted in order to remove names or other personal information from all public comments received.
16. Sixty-six pages is a lot to read through but the beginning of the plan sounds solid. I'm hoping all these plans and theories will be followed through. Not sure I'll be able to attend the Council meeting but my main question would be, “Who/what has oversight of this plan to ensure it is followed and the proposed actions are implemented/pursued?” Thank you to Bowie for being responsible. I'd like to see more information on the home energy audits. I'm about to update my HVAC and curious how much it will really help.
The City’s Department of Planning and Economic Development will take the lead on monitoring and tracking progress of the plan over the next five years. Although, the success of many actions will depend on coordination between multiple City departments and in the plan for each action is a description titled “Responsibility” starting on page 14.
17. I would like to see Bowie/PG review use of Styrofoam containers in restaurants for leftovers and as egg cartons. I only buy eggs that come in a plastic or cardboard cartoon that I can recycle. Municipalities across the country are reviewing use of plastic bags, Styrofoam also needs to be in that plan.
Actions I.1 and I.3 encourage Styrofoam recycling and the use of reusable bags. However, staff was not certain that there would be enough support to complete a review of Styrofoam containers at restaurants and grocery stores by 2020. Thus, it was not included in the plan.
DJD:jmm
Climate Action Plan City of Bowie, Maryland
Approved and Adopted by City Council On January 5, 2015
R-2-15
Prepared By
The Department of Planning and Economic Development
Green Team Executive Committee
Environmental Advisory Committee
Table of Contents
1. Introduction……………………………………………………………………… 3
1.1 Climate Change Policy………………………………………………………...4 1.2 Greenhouse Gas Analysis……………………………………………………...5 1.3 Plan Development…………………………………………………………...... 6 1.4 Greenhouse Gas Emissions Reduction Target……………….………………..8
2. Goals & Actions….……………………………………………………………… 10
2.1 Summary of Goals and Actions ……………………………………………....11 2.2 Implementation of Actions…………………….…………...………...... 14
3. Monitoring & Tracking Progress………………………………………………..24
Appendix……………………………………………………………………………..26
2
1. Introduction
The climate on Earth is made possible due to a delicate balance of naturally occurring gases that trap some of the sun’s heat near the Earth’s surface. This naturally-caused greenhouse effect is what keeps the Earth’s temperature stable at an average of approximately 60 degrees Fahrenheit (ºF), warm enough to support life as we know it. Without this natural greenhouse effect, the planet’s average temperature would not be warm enough to sustain life.
However, problems arise because this natural balance has been, and continues to be, disturbed by human activities that are producing additional large amounts of some of these heat trapping gases or greenhouse gases (GHGs) that warm Earth’s climate. The two greenhouse gases of most concern to local governments are carbon dioxide (CO2) and methane (CH4). Emissions of CO2 are produced whenever fossil fuel, such as oil, natural gas, gasoline, diesel fuel and coal, are burned to produce electricity, heat buildings or power vehicles. Through daily energy-using activities, we are increasing the amount of CO2 in the atmosphere and magnifying the natural greenhouse effect.
Methane is the second most important greenhouse gas resulting from human activities. Methane is a byproduct of organic waste and sewage decomposition. In urban areas, methane gas is produced by the decomposition of organic waste such as paper, yard trimmings, wood, and food waste in landfills. Sewage treatment plants are also a significant urban source of methane. In terms of its greenhouse 1 effect, methane is 21 times more powerful per unit of carbon than CO2.
The effect of this increased atmospheric concentration of CO2, CH4, and other GHGs is to trap more of the sun’s heat, causing the Earth’s average temperature to rise. This phenomenon is known as global warming or climate change. Climate change refers to the consequences that occur when greenhouse gases are emitted into the atmosphere from something as big as a power plant or from something as small as a car fuel pipe. It is predicted that Bowie, Maryland will likely see the following consequences in climate and weather according to the National Aeronautics and Space Administration (NASA):
• Increased heat • Decreased snowfall • Increased intense precipitation events • Increased drought (more likely in summer months)
Using data collected for 100 years in this region, it was found that the average annual temperature, as measured in Beltsville, has risen by 4ºF. Also, sea levels in the District of Columbia have risen almost 10 inches over the past 80 years. By 2020, it is conservatively predicted we will see 10% more annual precipitation and another 1.5ºF temperature increase.2
1. Source: ICLEI Cities for Climate Protection Milestone Guide. International Council for Local Environmental Initiatives. http://www.concordma.gov/pages/ConcordMA_CSE/ICLEI_CCP_Milestone%20Guide.pdf
2. Source: Adapting to a Changing Climate: Federal Agencies in the Washington, DC Metro Area. National Aeronautics and Space Administration, https://www.ncpc.gov/DocumentDepot/DCmetroClimCg_Data_NOV_2012_NASA_NOAA.pdf 3
1.1 Climate Change Policy
In 2009, City Council formally recognized the impacts of climate change and developed a climate change policy for the City of Bowie in R-47-09. The resolution outlined the climate goals listed below, which are the basis for the creation of this plan:
• Build on existing policies and programs to make progress toward achieving consistent reductions in greenhouse gas emissions and reducing the vulnerability of its citizens, natural resources and built environment to environmental damage and other climate change impacts
• Promote transportation options such as bicycle/pedestrian trails, commuter trip reduction programs, and incentives for carpooling and public transit; encourage existing and develop new programs to enhance use of public transit and alternative transportation modes, commuter connections, guaranteed ride home, telework programs, park and ride lots and smart bike programs
• Conduct public outreach and promote current efforts through its website, staff and the Environmental Advisory Committee to educate the public, schools and local businesses about the benefits of reducing greenhouse gas emissions; to encourage the purchase of more efficient and alternative-fueled vehicles by both public and private entities, and to encourage the provision of energy audits and retrofits for individuals and businesses through regional cooperative efforts
Since 2009, many municipal climate goals have largely been achieved due to participation in the Energy Efficiency and Conservation Block Grant (EECBG) issued by the U.S. Department of Energy, which allowed for the development of an Energy Efficiency and Conservation Strategy (EECS) and provided funding to complete a number of the strategies outlined.
Additionally, in 2014, the City became a Maryland Smart Energy Community, and City Council adopted energy policies that will further reduce GHG emissions. The policies are to reduce per-square-foot electricity consumption at city facilities 15 percent by 2016 using a 2011 baseline and to reduce conventional centralized electricity generation serving local government buildings by meeting 20 percent of those buildings' electricity demand with distributed, renewable energy generation by 2022. These policies will be achieved by continuing to complete outlined municipal energy efficiency and conservation strategies and by entering into a Power Purchase Agreement (PPA) that would involve the installation of a 2.434 megawatt (MW) solar array on a City owned property.
While many municipal climate action goals have been achieved, there is still a need to expand on policy and develop a plan that will further define community climate actions to reduce GHG emissions and fulfill R-47-09.
4
1.2 Greenhouse Gas Analysis
In 2010, Environmental Resources Management (ERM), as part of the EECS report mentioned, prepared a separate Local Government Operations Inventory. The study used the Year 2007 as the baseline year and established energy use and emissions data for all City buildings, facilities and operations, including the vehicle fleet, using the Clean Air and Climate Protection (CACP 2009) software (Appendix A). In 2007, the City of Bowie’s government operations generated 8,787 metric tons of carbon dioxide equivalent (MTCO2e), which is a measure used to compare the emissions from various greenhouse gases based upon their global warming potential. Of this total, the buildings and facilities sector (30.8%) and the vehicle fleet sector (19.9 %) were the two largest contributors (Table 1). Water delivery (17.3%), streetlights (16.2%), and wastewater treatment (15.1%) together made up about 49 percent of emissions. Electricity use (72%) was the largest source of CO2e emissions by energy source, followed by diesel (11%), and gasoline (9%).
Table 1. 2007 Government Facilities Emissions by Sector
The completed EECS report made the recommendation to analyze beyond local government operations and conduct a community-scale GHG emissions inventory, and the City’s Department of Planning and Economic Development staff began gathering information for a community-scale GHG inventory in late 2010. In 2011, City staff, along with a member of the City’s Environmental Advisory Committee, began the process of developing the community-scale inventory, and the first reports were compiled by July 2012. The inventory indicated the key to reducing climate change impacts in Bowie would be collectively lowering individual GHG emissions (Appendix B). Using a 2007 baseline, the City of Bowie’s biggest emitters are its residential and transportation sectors, and only 2.9% of GHG emissions are from City facilities.
Residential energy use makes up 38.1% of the emissions for the City, contributing 117,041 MTCO2e (Figure 1). On a per-household level, each household produced 5.66 MTCO2e and used 18.6 MWh of energy in the baseline year. The transportation sector was shown to contribute 111,754 MTCO2e, which is 36.4%, or just over one-third of emissions in the City. Commercial energy use makes up 21.3% of emissions, contributing 65,559 MTCO2e. Total waste produced was estimated to be 13,015 MTCO2e or 4.2% of the City’s emissions. Total emissions for the City of Bowie were 307,369 MTCO2e.
5
Community Emissions By Sector (2007)
36.4% 38.1%
4.2% 21.3%
Figure 1. 2007 Community Emissions by Sector
1.3 Plan Development
The 2010 EECS report, which outlined 34 possible energy efficiency and conservation strategies, has been used as a plan for municipal climate action (Appendix C). As of August 2014, 21 of those actions have been completed, five were identified as community focused actions, not municipal actions, and eight actions were found to be not feasible (not cost-effective or applicable) by 2014. Some of the latter actions may be reevaluated in the future, such as identifying a staff champion as an energy manager to coordinate ongoing energy management at City facilities and minimizing thermal gains and losses at Belair Mansion and the Old Town Bowie Welcome Center. However, moving forward, it was found that community actions need to be the City’s focus in order to achieve a significant GHG emission reduction.
After completion of a community-scale GHG inventory, development of a Climate Action Plan began in February 2013, with a meeting that brought together a group of local environmental representatives to discuss possible climate actions for the City. The following groups were all represented: Prince George’s County Department of the Environment, District of Columbia’s Department of the Environment, Bowie State University, The Semcas Group, Environmental Finance Center, Bowie’s Environmental Advisory Committee, and Bowie’s Green Team. In August 2013, climate action plans from other jurisdictions were compiled and evaluated for strategies that might be feasible to implement in the City of Bowie along with climate actions compiled from the February 2013 meeting.
A draft list of applicable measures and strategies was created by City staff and Green Team Executive Committee members. The list was distributed to Bowie residents for comment from October 2013- January 2014. Residents, business owners, homeowner associations, and local organizations had the opportunity to weigh in on what items they wanted to see in plan. Community members could submit comments on the City website or had further opportunity to offer their comments and ideas at three
6
educational presentations that centered on climate action topics. Altogether, the presentations were called the Community Climate Action Series.
The first presentation of the series conveyed how climate change will affect Bowie and the region in the future. The second focused on BGE energy efficiency incentives available to residents to reduce their energy usage. The third presentation educated residents about trails and public transit opportunities in the area. After each presentation, attendees had the chance to act in the role of City leaders and use play money to decide which climate actions they wanted to spend money on implementing (Figure 2). Although many different actions were valued in the activity, residents Climate Action Activity Completed By Bowie Residents most strongly showed support of actions that involved renewable energy. Residents also were able to voice any other suggestions about climate actions in the City during an open discussion following the activity. Through the website and during the presentations held, over 100 comments were collected and were very supportive (Appendix D). All ideas or comments submitted were reviewed and considered in plan development.
How Should City Funds Be Spent On Climate Action?
Reduce Emissions from Waste Transport
Create Less Waste
Reuse Materials
Recycling Waste Transportation Increase Mileage Efficiency Energy
Improve Low Carbon Choices
Reduce Vehicle Miles Traveled
Reduce Single Occupant Trips
Renewable Energy
Green Building
Commerical Energy Efficiency
Residential Energy Effciency
$0 $2,000 $4,000 $6,000 $8,000 $10,000 $12,000 Figur e 2. Summary of Resident Responses to 2013 Community Climate Action Series Activity
After the completion the Community Climate Action Series, a list of 47 possible climate actions was supplied to ERM, the same contractor that prepared the EECS report for the City. ERM used climate 7
action software CACP 2009 to estimate GHG emission reductions for 18 of the 47 actions. The remaining actions were not quantified due to limitations with the CACP 2009 software. By calculating possible emission reductions, climate actions could be prioritized in order of largest impact if they were implemented. Also, the feasibility of actions became more defined since reduction estimates made it possible to determine the level of success needed for each action in order to reach a certain target for GHG reduction.
1.4 Greenhouse Gas Emissions Reduction Target
A GHG emissions reduction target was selected by reviewing achieved emission reductions from municipal actions, community emission reduction estimates for potential actions, and by reviewing GHG reductions targets adopted by other levels of government. Using a 2006 baseline, the State of Maryland’s goal is a 25% GHG reduction by 2020. The Metropolitan Washington Council of Governments’ (MWCOG) goal is a 20% reduction by 2020 and 80% reduction by 2050 with a 2005 baseline. Similar to MWCOG, Prince George’s County’s goal is an 80% reduction below 2008 levels by 2050. They hope to stop emission increases by 2010 and achieve a 10% reduction every five years thereafter through 2050.
To be consistent with adopted State, County, and local GHG reduction targets, the City would need to use the 2007 baseline from the completed community inventory and set an emissions reduction target between 20-25% by 2020. However, the achievability of such a target needed to be evaluated. In the GHG Emission Reduction Quantification Report prepared by ERM, community-scale emissions in 2007 were estimated to be 307,369 MTCO2e and forecasted emissions in 2020 would be 346,000 MTCO2e without action or in a business-as-usual scenario. To achieve a 20% emissions reduction below 2007 1 levels by 2020, annual emissions would need to be reduced by 100,105 MTCO2e (Figure 3).
Figure 3. Business-as-usual Forecast vs. 20% Reduction Target by 2020 Forecast for the City of Bowie, MD using a 2007 Baseline
1.Source: Greenhouse Gas Emissions Reduction Quantification for Recommended City of Bowie Goals. 2014. Environmental Resources Management. 8
The report also indicated, when adjusted for a forecasted increase in energy efficiency and by including achieved and planned municipal climate actions, a lower total annual reduction of 80,128 MTCO2e would be needed (Table 2). Of the 47 potential climate actions evaluated, 18 were quantifiable and, if implemented, are estimated to provide a 12% annual GHG emission reduction below 2007 levels, or a reduction of 48,124 MTCO2e (Appendix E). However, it is important to recognize that the 29 actions that were unquantifiable using readily available software, will also provide additional GHG emissions reductions. Also, there are many unaccounted for factors outside of the City’s control that will provide additional emissions reductions within the City’s limits such as Federal, State, and County climate action initiatives. These influences have been estimated to have significant impacts in other Maryland local government climate action plans, with as much as 42-52% of total reduction targets being achieved by external factors.1 Thus, a 20% emissions reduction target below 2007 levels in the City appears to be attainable. This target was adopted by City Council on October 20, 2014 in R-55-14.
Community-Scale Emission Reduction Goal of 20 Percent2
Parameter Value Unit
Base Year (2007) Community-Scale Emissions 307,369 MTCO2e
Target Year (2020) Forecasted Emissions 346,000 MTCO2e
Annual Emissions Reductions Forecasted from Energy 19,977 MTCO2e Intensity Decline and Municipal Climate Actions
Adjusted Target Year Forecasted Emissions 326,023 MTCO2e
Community-Scale Reduction Target (percent below base year) 20 percent
Remaining Community-Scale Emissions Reduction Goals 80,128 MTCO2e
Table 2. Analysis of Community-Scale Emission Reduction Goal of 20 Percent
1. Sources: Sustainable Energy Action Plan. 2013. City of Takoma Park and Brendle Group. http://citycouncil-takomapark.s3.amazonaws.com/agenda/items/2013/brendle-group-report-09-30-2013.pdf
Baltimore Climate Action Plan. 2013. City of Baltimore. http://www.baltimoresustainability.org/sites/baltimoresustainability.org/files/BaltimoreCAP_FINAL_130415.pdf
2. Sources: See Appendix E. 9
2. Goals & Actions
A summary of goals and actions planned to be completed within the City in order to achieve a GHG reduction of 20% below 2007 levels by 2020 are provided in Section 2.1. Actions are broken down by sector: Energy, Transportation, Waste, and Land Use. Quantified actions include MTCO2e reduction estimates, and all assumptions for emissions reduction estimates are included in Appendix F. A short- term action is one that is already being implemented or is planned to begin with less than one year. A mid-term action will be implemented in 1-3 years, and a long-term action will be implemented in 3 or more years (Table 3). In Section 2.2, planned implementation of all actions are further described and quantifiable actions have detailed excerpts included from the ERM Greenhouse Gas Emissions Reduction Quantification for Recommended City of Bowie Goals Report.1 These goals and actions provide a strong base in order for the City to address greenhouse gas emissions, to achieve its emissions reduction target, and to contribute an overall positive benefit to the community. Other impacts associated with the plan (economic, other environmental benefits, etc.) will continue to be evaluated through its progression.
Time Frame Definitions Short-Term Currently Being Implemented/Planned to Be Implemented in Less than 1 Year Mid-Term Implemented Within 1-3 years Long-Term Implemented Within 3 or more years
Table 3. Time Frame Definitions Applied to the City’s Goals and Actions
The action that was estimated to contribute the largest emission reduction in the City would be to increase the number of residential solar panels installed. This action accounts for about 53% of emissions reductions needed to reach the citywide target. Five actions estimated to have the largest possible emission reductions are as follows:
• Increase number of residential solar panels installed.
• Encourage Transit Oriented Development at Melford.
• Explore the possibility of a Zipcar drop off point at the Norhview Park and Ride.
• Develop common energy efficiency improvement recommendations for Levitt house designs.
• Work with WMATA and Prince George’s County to evaluate route restructuring for City areas, and expand new service, including the Bus, to employment areas and other generators. Solar Panels Being Installed on the Home of a Bowie Resident
1. Source: Greenhouse Gas Emissions Reduction Quantification for Recommended City of Bowie Goals. 2014. Environmental Resources Management. 10
2.1 Summary of Goals and Actions
Goal Actions Reduction Time Frame (MTCO2e)
1. Enhance outreach efforts and increase participation in existing low-income 195 Short-Term energy audit and weatherization assistance programs.
2. Provide financial incentives for City residents that complete energy audits on 467 Short-Term their homes.
3. Promote residential energy audits at green team events and on City website. Short-Term
4. Develop common energy efficiency improvement recommendations for Levitt 1,745 Mid-Term house designs. Distribute information to Levitt community homeowners. A. Promote and expand 5. Work with homeowner and condo association management companies that have 937 Mid-Term new and existing properties in Bowie to educate residents about energy efficiency. residential energy efficiency 6. Promote energy efficiency programs available for rental and multi-family Mid-Term and conservation residence buildings. programs 7. Provide information to potential homebuyers regarding the County’s program Mid-Term for an Energy Efficiency Mortgage and regarding utility bill disclosure ordinance.
8. Work with energy providers and the County and State to maximize use of Mid-Term existing financial incentives and other resources that assist residents in promoting
energy efficiency.
1. Establish a Green Bowie Business Recognition Program that promotes energy 542 Mid-Term and GHG reduction efforts of local businesses. B. Promote and Energy expand new and 2. Promote the State of Maryland’s Green Registry for businesses. Mid-Term existing commercial energy efficiency 3. Work with energy providers and the County and State to maximize use of Mid-Term and conservation existing financial incentives and other resources that assist businesses in programs improving energy efficiency.
4. Benchmark and disclose energy performance and improvements of commercial Long-Term buildings.
C. Increase green 1. Establish a City policy regarding green building standards for commercial and 131 Long-Term building projects residential buildings. for new and existing buildings 2. Track and showcase green building projects throughout the community. Mid-Term
1. Track and showcase innovative renewable energy projects throughout the Short-Term D. Increase community (city, schools, businesses, individuals). installation of renewable energy 2. Increase number of residential and commercial solar systems installed by 25,735 Short-Term projects promoting solar technology.
3. Complete Solar Roadmap goals. Short-Term
E. Decrease use of natural gas 1. Incentivize purchasing of electric and push reel lawn mowers. Short-Term lawn mowers
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Goals Actions Reduction Time Frame (MTCO2e)
1. Work with major employers in the City to promote multiple-occupant 65 Mid-Term commuting. Encourage car-sharing, Dial-a-Ride, RideSmart, RideFinders, preferred parking for carpooling employees. F. Reduce single occupant vehicle 2. Investigate opportunities for additional commuter parking lots and more effective Long-Term trips use of the existing park and ride lot on Northview Drive.
3. Consider expanding shuttle services for senior and disabled residents. 61 Long-Term
1. Work with WMATA and Prince George’s County to evaluate route restructuring 1,137 Long-Term for City areas, and expand new service, including the Bus, to employment areas and other generators.
2. Promote walking and biking through events such as Bike to Work Day and Car Short-Term Free Day.
3. Apply the City’s Development Review Guidelines and Policies in land use and Short-Term planning and urban design, in order to create bike and pedestrian friendly communities.
4. Increase bicycle and pedestrian mode share through bike-sharing systems, bicycle G. Reduce vehicle racks, bicycle lanes, pedestrian trails, reprogrammed traffic signals, and improved Long-Term miles of travel pedestrian access to bus stops, rail stations. 407
5. Continue to inventory pedestrian and bicycle facilities and identify ped. safety
projects, (e.g. Safe Routes to School), sidewalk linkages and hiker-biker trail Short-Term improvements to encourage walking and bicycling. 9
Transportation 6. Encourage Transit Oriented Development at Melford and Bowie Regional 14,606 Long-Term Center.
7. Work with WMATA to expand transit service along the MD 450 Corridor and to Old Town Bowie as identified by the Bowie and Vicinity Master Plan. Long-Term
8. Work with the State, PG County, and M-NCPPC to implement roadway Long-Term infrastructure priorities identified by the Bowie and Vicinity Master Plan.
1. Partner with MWCOG and other stakeholders to develop and increase electric 11 Short-Term vehicle and other alternative fuel vehicle infrastructure.
2. Promote the locations of alternative fuel charging stations. Short-Term H. Increase electric
vehicle use and the 3. Explore the possibility of a Zipcar drop off point at the Norhview Park and Ride. efficiency of 1,294 Long-Term existing transportation 4. Educate the public about eco-driving techniques. Mid-Term
5. Explore the potential for reserving hybrid vehicle parking spaces at shopping Mid-Term centers.
6. Investigate and apply Transportation Systems Management. Long-Term
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Goal Actions Reduction Time Frame (MTCO2e)
1. Provide additional opportunities for residents and businesses to recycle cardboard, glass, paper, and plastic products in the community, such as once-a- Mid-Term month paper shredding and Styrofoam collection events at revolving locations 215 throughout the City.
2. Initiate a backyard composting program that provides rebates to residents for 110 Mid-Term composting bins and rebates to homeowner or condo associations that create and use compost piles.
I. Increase 3. Encourage use of reusable grocery bags. Short-Term recycling rate, reduce the generation of 4. Give educational notices to residents that are not recycling large items. Mid-Term waste, and promote reuse of 5. Work with the County to conduct one or more hazardous household waste Mid-Term Waste materials collection days per year.
6. Educate public on services such as electronics recycling, hazardous waste Mid-Term collection and disposal, batteries, old paint and other hard to dispose of or recycle items for which the county offers services.
7. Explore cooperation with Prince George’s County in enforcing aspects of the Long-Term Solid Waste Master Plan.
8. Work with the Greater Bowie Chamber of Commerce to advise local businesses Mid-Term of County recycling requirements.
J. Improve the 1. Gain support from residents for once a week trash and recycling pick up. Long-Term carbon footprint of
the waste collection 2. Install a solar power trash compactor at Jericho Park as a demonstration project system Mid-Term and promote this technology to commercial businesses.
Goal Strategy Reduction Time Frame (MTCO2e) se 1. Increase tree canopy by providing financial incentives to residents, HOAs, and 457 Short-Term organizations for planting trees.
K. Increase tree 2. Encourage the replacement of trees removed from residential properties.
Land U Land Mid-Term canopy
3. Publicize local tree planting grants available for businesses, churches, and local Short-Term
organizations.
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2.2 Implementation of Actions
A.1 Enhance outreach efforts and increase participation in existing low-income energy audit and weatherization assistance programs. Planned Initiatives: Continue promotion of and participation in Prince George’s County MEA Collaboration Program and DHCD Grant Programs. Publicize State of Maryland Weatherization Assistance Program (WAP) and similar program on City’s website. Time Frame: Short - Term Total CO2e Savings: 195 MTCO2e Responsibility: Department of Planning & Economic Development, City Manager’s Office Description: While low-income earners generally have smaller houses and fewer appliances than higher income earners, their homes are often older and poorly insulated. Implementation of this strategy can help improve awareness and increase number of households weatherized, which would ultimately reduce energy costs, decrease energy use, and reduce GHG emissions. Based on data from 2008 to 2013, it is estimated from 2014-2020, energy audits and weatherization will be conducted at 230 low- income households.
A.2 Provide financial incentives for City residents that complete energy audits on their homes. Planned Initiatives: Provide $100 incentive to residents for completing a BGE comprehensive energy audit. Work with local financial institutions to offer loans for energy efficiency retrofits. Time Frame: Short- Term Total CO2e Savings: 467 MTCO2e Responsibility: Department of Planning & Economic Development Description: Many measures can be applied to existing buildings to improve their efficiency, including using efficient light bulbs and fixtures, replacing appliances with more efficient ones, increasing insulation, replacing windows, and upgrading HVAC systems. It has been shown that financial incentives can motivate residents to take action to reduce energy. If the City targets a portion of its residents, and possibly works with financial institutions to offer loans to residents, more homes will be retrofitted, which will reduce GHG emissions. The City of Bowie has approximately 20,687 households. If 10,000 households are targeted, and assuming 10 percent of the targeted households participate in the program, an estimated 1,000 homes may be retrofitted.
A.3 Promote residential energy audits at green team events and on City website. Planned Initiatives: Promote residential energy audits at least one green team event per year and continuously on City website. Time Frame: Short- Term Responsibility: Department of Planning & Economic Development
A.4 Develop common energy efficiency improvement recommendations for Levitt house designs. Distribute information to Levitt community homeowners. Planned Initiatives: Include information about common cost-effective energy efficiency retrofits for Levitt home designs with a scheduled water bill notification to Levitt communities. Time Frame: Mid-Term Total CO2e Savings: 1,745 MTCO2e Responsibility: Department of Planning & Economic Development, Department of Finance Description: The City’s Levitt houses date from the 1960s. Considering the number and age of these Levitt-designed houses, the City recognizes the need for some of these houses to be retrofitted for energy efficiency. The City is evaluating the best way to reach approximately 7,700 households and
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assuming 10 percent of 7,700 units participate in this program, an estimated 770 Levitt houses can be improved for energy efficiency.
A.5 Work with homeowner and condominium association management companies that have properties in Bowie to educate residents about energy efficiency. Planned Initiatives: Meet with management at homeowner and condominium associations in Bowie to provide information about BGE and Pepco incentives available to customers. Time Frame: Mid-Term Total CO2e Savings: 937 MTCO2e Responsibility: Department of Planning & Economic Development Description: Residents can enact many simple measures in their homes to save energy such as efficient appliances, insulation and sealing leaks, and turning the thermostat down in cold weather and up in hot weather. A good way to reach residents is to have homeowners and managers share information. Approximately 50 percent of households are in a homeowner or condominium association. To estimate the number of households targeted, a 10 percent of 10,334 households was assumed, resulting in 1,034 households.
A.6 Promote energy efficiency programs available for rental and multi-family residence buildings. Planned Initiatives: Meet with management at rental and multi-family residence buildings in Bowie to provide information about BGE and Pepco incentives available to customers. Time Frame: Mid-Term Responsibility: Department of Planning & Economic Development
A.7 Provide information to potential homebuyers regarding the County’s program for an Energy Efficiency Mortgage and regarding utility bill disclosure ordinance. Planned Initiatives: Include information about County’s Energy Efficiency Mortgage in city welcome packets to new residents. Meet with local real estate agents to educate them about the County’s utility bill disclosure ordinance. Time Frame: Mid-Term Responsibility: Department of Planning & Economic Development, City Manager’s Office
A.8 Work with energy providers and the County and State to maximize use of existing financial incentives and other resources that assist residents in promoting energy efficiency. Planned Initiatives: Meet with County and State employees to learn about existing financial incentives and other resources that are available for residents to improve energy efficiency. Promote existing incentives through local and City media sources. Time Frame: Mid-Term Responsibility: Department of Planning & Economic Development, City Manager’s Office
B.1. Establish a Green Business Recognition Program that promotes energy and GHG reduction efforts of local businesses. Planned Initiatives: Initiate Green Bowie Business (GBB) certification. Promote GBB at least one Chamber of Commerce event per year after certification is established. Promote GBB on City’s website. Time Frame: Mid-Term Total CO2e Savings: 542 MTCO2e Responsibility: Department of Planning and Economic Development, City Manager’s Office Description: This strategy can help increase the number of green businesses in the City of Bowie by recognizing them, and since green businesses can help reduce GHG emissions from many sectors (energy consumption, transportation, and waste), this will have a relatively large effect on reducing 15
GHG emissions. There are approximately 645 retail establishments in Bowie. Assuming 10 percent participate in the Green Business Recognition Program, this results in an estimated 65 businesses.
B.2 Promote the State of Maryland’s Green Registry for businesses. Planned Initiatives: Require Maryland Green Registry participation as a part of Green Bowie Business certification. Promote Maryland Green Registry on City’s website. Time Frame: Mid-Term Responsibility: Department of Planning & Economic Development, City’s Manager’s Department
B.3 Work with energy providers and the County and State to maximize use of existing financial incentives and other resources that assist businesses in improving energy efficiency. Planned Initiatives: Meet with County and State employees to learn about existing financial incentives and other resources that are available for businesses to improve energy efficiency. Meet with Chamber of Commerce to discuss was to educate members about opportunities available. Time Frame: Mid-Term Responsibility: Department of Planning & Economic Development
B.4 Benchmark and disclose energy performance and improvements of commercial buildings. Planned Initiatives: Work with commercial building owners to benchmark and disclose energy performance and improvements of commercial buildings using Portfolio Manager or another similar tool. Time Frame: Long-Term Responsibility: Department of Planning & Economic Development
C.1 Establish a City policy regarding green building standards for commercial and residential buildings. Planned Initiatives: Establish a LEED or ENERGY STAR policy for new buildings. Time Frame: Long-Term Total CO2e Savings: 131 MTCO2e Responsibility: Department of Planning & Economic Development, City Manager’s Office Description: Green building design views building as a complete system in order to maximize health, comfort and productivity of occupants while minimizing resource use for construction and operation. Therefore, establishing a green building policy in the City can provide environmental, cost and health benefits. A total of 1,870,812 square foot of new commercial and residential buildings is expected to be built in the City by 2020.
C.2 Track and showcase green building projects throughout the community. Planned Initiatives: Track green buildings projects that exist in the City. Highlight existing green building projects by at least holding one promotion event or activity and continuously on website. Time Frame: Mid-Term Responsibility: Department of Planning & Economic Development
D.1 Track and showcase innovative renewable energy projects throughout the community (city, schools, businesses, individuals). Planned Initiatives: Track renewable energy projects that exist in the City. Highlight existing renewable energy projects and their benefits by at least holding one promotion event or activity and by continuously providing information on the City website. Time Frame: Short-Term Responsibility: Department of Planning and Economic Development
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D.2 Increase number of residential and commercial solar systems installed by promoting solar technology. Planned Initiatives: Promote the benefits of solar through local media sources and the City’s media sources. Implement a residential solar bulk purchasing program. Organize a Bowie Solar Tour. Time Frame: Short-Term Total CO2e Savings: 25,735 MTCO2e Responsibility: Department of Planning & Economic Development Description: Based on information provided by the City, an estimated 618 kilowatts (kW) of solar PV energy were installed by residents in 2013 (i.e., 2013 was the year with the most complete annual data since base year 2007). Where permits data were missing, it was assumed that 8 kW of PV were installed per permit. As of May 15, 2014, total kW of PV installed in the City of Bowie was approximately 987 kW (more than the total kW of PV installed for the whole of 2013). Total PV installed by the end of 2014 was projected to be 2,155 kW. Considering the rapid increase in the number of residential solar units purchased annually in the City over the last few years, it was assumed that the total kW of PV installed would increase by 15 percent annually from 2015 to 2020. Based on the annual projected increase, approximately 24,758 kW of PV is expected to be installed by 2020 (i.e. total from base year to target year).
D.3 Complete Solar Roadmap goals. Planned Initiatives: Work with Optony Inc. to complete Solar Roadmap goals outlined has part of the U.S. Department of Energy’s Sunshot Initiative. Time Frame: Short-Term Responsibility: Department of Planning & Economic Development
E.1 Incentivize purchasing of electric and push reel lawn mowers. Planned Initiatives: Promote the benefits of electric and push reel lawn mowers through local media sources and the City’s media sources. Time Frame: Short-Term Responsibility: Department of Planning & Economic Development
F.1 Work with major employers in the City to promote multiple-occupant commuting. Encourage car-sharing, Dial-a ride, RideSmart, RideFinders, preferred parking for carpooling employees. Planned Initiatives: Provide resources about car-sharing and carpooling to Bowie businesses. Provide a presentation about multiple-occupant commuting opportunities at a Chamber of Commerce meeting. Time Frame: Mid-Term Total CO2e Savings: 65 MTCO2e Responsibility: Department of Planning & Economic Development Description: Fewer vehicles on the road will result in fewer mobile sources emissions. It is assumed that approximately 349 employees in Bowie would be offered carpool and vanpool incentives. This number is based on a ratio (CAPPA’s default value for employees that were offered carpool and vanpool incentives divided by CAPPA’s default population sample) which was multiplied by the number of residents in the City of Bowie.
F.2 Investigate opportunities for additional commuter parking lots and more effective use of the existing park and ride lot on Northview Drive. Planned Initiatives: Evaluate average percentage of parking spots filled at Northview Drive commuter lot during weekdays. Investigate more opportunities that encourage residents to utilize Northview Drive or other commuter lots. Time Frame: Long-Term Responsibility: Department of Planning & Economic Development 17
F.3 Consider expanding shuttle services for senior and disabled residents. Planned Initiatives: Investigate senior and disable resident shuttle service to outside city locations such as New Carrollton Metro and Bowie State MARC Station. Time Frame: Long-Term Total CO2e Savings: 61 MTCO2e Responsibility: Department of Planning & Economic Development, Department of Community Services Description: In general, buses are more efficient than personal automobiles because they carry many people in a single vehicle. By increasing bus services for seniors and residents with disabilities, the City can decrease mobile source emissions by reducing vehicle miles traveled, expand access to jobs, shopping and social activities. It is assumed that a total of 174 additional daily bus passengers (seniors and disabled residents) would use the bus due to the expanded shuttle services. This number is based on a ratio (CAPPA’s default value for increased bus ridership divided by CAPPA’s default population sample) which was multiplied by the number of residents in the City of Bowie.
G.1 Work with WMATA and Prince George’s County to evaluate route restructuring for City areas, and expand new service, including the Bus, to employment areas and other generators. Planned Initiatives: Evaluate expanded bus service to Bowie State Marc Station, New Carrolton Metro, and surrounding communities. Time Frame: Long- Term Total CO2e Savings: 1,137 MTCO2e Responsibility: Department of Planning & Economic Development Description: Route restructuring can provide more efficient and rapid ways for residents to travel in the City by dedicating lanes to buses and otherwise increasing the use of transit thereby reducing vehicle miles traveled and mobile emissions generated in the City. Route restructuring can attract car owners to switch to buses or rail if access is easier. In some communities, exhaust from cars and light trucks are the single biggest cause of local air pollution; therefore, car-sharing and other transportation modes can help improve air quality in the City. An estimated 523 new daily transit passengers was assumed based on a ratio (CAPPA default value for new daily transit passengers divided by CAPPA’s population sample) which was multiplied by the population in the City of Bowie.
G.2 Promote walking and biking through events such as Bike to Work Day, Car Free Day. Planned Initiatives: Promote the benefits of electric and push reel lawn mowers through local media sources and City media sources. Time Frame: Short-Term Responsibility: Department of Planning & Economic Development
G.3 Apply the City’s Development Review Guidelines and Policies in land use and planning and urban design, in order to create bike and pedestrian friendly communities. Planned Initiatives: Apply the City’s Development Review Guidelines and Policies in land use and planning when applicable. Time Frame: Short-Term Responsibility: Department of Planning & Economic Development
G.4 Increase bicycle and pedestrian mode share through bike-sharing systems, bicycle racks, bicycle lanes, pedestrian trails, reprogrammed traffic signals, and improved pedestrian access to bus stops, rail stations. Planned Initiatives: Increase numbers of bicycle racks in central area. Reprogram appropriate traffic signals. Expand bike trails for riding to bus stops and Bowie State MARC Station. 18
Time Frame: Long-Term Total CO2e Savings: 407 MTCO2e Responsibility: Department of Planning & Economic Development Description: Bicycles are an efficient mode of transportation. Bicycles are especially appropriate in reducing the number of short trips-up to five miles or so-which constitute more than half of all driving trips. Bicycles can also serve longer trips, on their own or in combination with bus and rail. Dedicated bike paths and bicycle lanes on roadways reduce the danger motor vehicle pose to bicyclists. Adding crossing signals especially for bicycles at major roads also helps to ensure efficient flow on the bike path network as well providing greater safety for bicyclists at dangerous road interfaces. The creation of such infrastructure can encourage residents to use green transportation, which will result in a reduction in the City’s GHG emissions. An estimated 3,489 weekly trips switching from cars to bicycles was assumed based on a ratio (CAPPA’s default value for weekly trips switching from car to bicycle divided by CAPPA’s population sample) which was multiplied by the population of the City of Bowie.
G.5 Continue to inventory pedestrian and bicycle facilities and identify pedestrians safety projects, (e.g., Safe Routes onto School), sidewalk linkages and hiker-biker trail improvements to encourage walking and bicycling. Planned Initiatives: Implement City’s Trail Master Plan. Investigate further opportunities. Time Frame: Short-Term Total CO2e Savings: 9 MTCO2e Responsibility: Department of Planning & Economic Development Description: Walking does not only have health benefits but also can contribute to reduce mobile sources emissions in the City since fewer vehicles will be on the road. Across urban areas in the U.S, each shift of one percent of trips to walking and bicycling means each person drives 700 miles less each year. Therefore, increasing the number of residents who walk to work and school is a step the City can take to reduce GHG emissions. An estimated 349 weekly trips switching from car to walking were assumed based on a ratio (CAPPA’s default value for weekly trips switching from car to walking divided by CAPPA’s population sample) which was multiplied by the City of Bowie’s population.
G.6 Encourage Transit Oriented Development in the Bowie Regional Center and at Melford. Planned Initiatives: Work with developers to accomplish mixed-use and transit opportunities at Melford and Bowie Regional Center. Time Frame: Long-Term Total CO2e Savings: 14,606 MTCO2e Responsibility: Department of Planning & Economic Development Description: High density neighborhoods with good rail or bus transit, mixed residential and commercial uses and pedestrian-friendly design have much lower rates or car use than typical low- density suburban developments. Transit oriented design (TOD) attempts to create such neighborhoods in planning of new or existing transit systems. By increasing access to public transportation in the Bowie Regional Center and at Melford, more residents will be able to use public transportation; single vehicle driving will be reduced as well as mobile source emissions. There are approximately 2,500 residential units in TODs planned for Melford and 123 units for Bowie Regional Center for a total of 2,623 units to be developed by 2020.
G.7 Work with WMATA to expand transit service along the MD 450 Corridor and to Old Town Bowie as identified by the Bowie and Vicinity Master Plan. Planned Initiatives: Assist and support WMATA to expand identified transit service along the MD 450 Corridor and in Old Town Bowie. Time Frame: Long-Term Responsibility: Department of Planning & Economic Development 19
G.8 Work with the State, PG County, and M-NCPPC to implement roadway infrastructure priorities identified by the Bowie and Vicinity Master Plan. Planned Initiatives: Assist and support the State, PG County, and M-NCPPC on implementing roadway infrastructure priorities. Time Frame: Long-Term Responsibility: Department of Planning & Economic Development
H.1 Partner with MWCOG and other stakeholders to develop and increase electric vehicle and other alternative fuel vehicle infrastructure. Planned Initiatives: Lead by example by installing an EV charging station at a City Hall and encourage the installation of additional EV electric charging stations. Time Frame: Short-Term Total CO2e Savings: 11 MTCO2e Responsibility: Department of Planning & Economic Development, City Manager’s Office Descriptions: Electric vehicle (EV) drive trains are much more efficient than the drive trains used on standard internal combustion engine vehicles. Electric motors, rather than pistons and shafts, provide necessary propulsion. EVs use generative braking to capture and reuse the energy of the vehicle’s momentum in stop-and-go traffic, greatly increasing their efficiency in city driving. One way to encourage EV use is to construct parking spaces in large parking structures that are reserved for EVs and have a charging connection. While City residents may be interested in purchasing electric cars, they may not be aware of the location of charging stations in the City. Knowing this, promoting the locations of charging stations would encourage people to use electric cars and as a result fewer GHG emissions from mobile sources will be emitted into the atmosphere. There are currently two electric charging stations in the City of Bowie (one near Bowie Town Center and another at a commercial property). A total of five electric charging stations are expected to be installed by the target year 2020.
H.2 Promote the locations of alternative fuel charging stations. Planned Initiatives: Promote EV charging stations through local and City media sources. Time Frame: Short-Term Responsibility: Department of Planning & Economic Development, City Manager’s Office
H.3 Explore the possibility of a Zipcar drop off point at the Northview Park and Ride. Planned Initiatives: Meet with Zipcar and discuss possibilities of a Northview Park and Ride. Time Frame: Long-Term Total CO2e Savings: 1,294 MTCO2e Responsibility: Department of Planning & Economic Development Car ownership is a major cost for most households. The incremental costs of driving for any particular trip are small compared to fixed costs of owning, insuring, and maintaining a car, and may be lower than the cost of public transit. Car-sharing provides an alternative by allowing access to a car when needed, at a per-mile or hourly charge. People who participate in a carshare program drive 30 to 60 percent less than people who own cars. The existence of a Zipcar drop off could, therefore, facilitate resident access and contribute to the City’s reduction of GHG emissions from mobile sources. An estimated 3,489 people are assumed to participate in the carshare program. This number was based on a ratio (CAPPA’s default value for number of carshare participants divided by CAPPA’s population sample) which was multiplied by the City of Bowie’s population.
H.4 Educate the public about eco-driving techniques. Planned Initiatives: Create a webpage on the City’s website that outlines eco-driving techniques. Organize at least two eco-driving promotional events or activities. 20
Time Frame: Mid-Term Responsibility: Department of Planning & Economic Development
H.5 Explore the potential for reserving hybrid vehicle parking spaces at shopping centers. Planned Initiatives: Meet with commercial shopping centers to discuss reserved hybrid vehicle parking. Time Frame: Mid-Term Responsibility: Department of Planning & Economic Development
H.6 Investigate and apply Transportation Systems Management. Planned Initiatives: Research best practices of Transportation Systems Management. Implement applicable strategies. Time Frame: Long-Term Responsibility: Department of Planning & Economic Development
I.1 Provide additional opportunities for residents and businesses to recycle cardboard, glass, paper, and plastic products in the community, such as increased paper shredding and Styrofoam collection events at revolving locations throughout the City. Planned Initiatives: Increase number of paper shredding and Styrofoam collection events. Time Frame: Mid-Term Total CO2e Savings: 215 MTCO2e Responsibility: Department of Planning & Economic Development, Department of Public Works Description: When organic matter like wood, paper, food, and yard wastes is placed in landfills, it decomposes anaerobically, producing methane. Methane is a GHG 21 times more potent than carbon dioxide. Recycling organic materials, like newspapers, other paper, and cardboard, prevents these emissions. It is therefore necessary to reduce the amount of waste generated in the City which would ultimately reduce GHG emissions. One way to do so is by giving more recycling choices to residents. CAPPA’s default value of 300 pounds per person per year of total waste diverted from landfill was assumed.
I.2 Initiate a backyard composting program that provides rebates to residents for composting bins and rebates to homeowner or condo associations that create and use compost piles. Planned Initiatives: Provide backyard compost bin incentive program. Distribute backyard composting brochure to public. Time Frame: Mid-Term Total CO2e Savings: 110 MTCO2e Responsibility: Department of Planning & Economic Development, Department of Public Works Description: This strategy proposes to reduce the amount of waste diverted from landfills by encouraging residents to compost in their own backyard. Yard waste composting provides fertilizer for local farms or gardens. This fertilizer will not, as a result, be produced from fossil fuels. CAPPA’s default value of 300 pounds per person per year of total waste diverted from landfill was assumed.
I.3 Encourage use of reusable grocery bags. Planned Initiatives: Create an informational webpage about reusable bags on the city website. Promote use of reusable bags at green team events. Time Frame: Short-Term Responsibility: Department of Planning & Economic Development, Department of Public Works, City Manager’s Office
I.4 Give educational notices to residents that are not recycling large items. 21
Planned Initiatives: Create an educational awareness flyer to leave at households that are not recycling large items. Time Frame: Mid-Term Responsibility: Department of Planning & Economic Development, Department of Public Works, City Manager’s Office
I.5 Work with the County to conduct one or more hazardous household waste collection days per year. Planned Initiatives: Coordinate with the County to plan and organize at least one hazardous waste collection day per year. Time Frame: Mid-Term Responsibility: Department of Planning & Economic Development, Department of Public Works
I.6 Educate public on services such as electronics recycling, hazardous waste collection and disposal, batteries, old paint and other hard to dispose of or recycle items for which the county offers services. Planned Initiatives: Provide information to residents through city media about existing locations within the city limits that are available to dispose or recycle electronic and hazardous waste items such as at local commercial businesses and Brown Station Landfill. Investigate the creation of more drop-off locations for these items. Time Frame: Mid-Term Responsibility: Department of Planning & Economic Development, Department of Public Works, City’s Manager’s Department
I.7 Explore cooperation with Prince George’s County in enforcing aspects of the Solid Waste Master Plan. Planned Initiatives: Periodically meet with Prince George’s County to discuss the Solid Waste Master Plan and how the City can assist with its completion. Time Frame: Long-Term Responsibility: Department of Planning & Economic Development, Department of Public Works
I.8 Work with the Greater Bowie Chamber of Commerce to advise local businesses of County recycling requirements. Planned Initiatives: Meet with Chamber of Commerce to discuss possibilities to assist businesses with developing recycling strategies. Implement strategies outlined and present at a Chamber meeting. Time Frame: Mid-Term Responsibility: Department of Planning & Economic Development, Department of Public Works
J.1 Gain support from residents for once a week trash and recycling pick up. Planned Initiatives: Initiate once a week trash and recycling pick up in a pilot neighborhood. Time Frame: Long-Term Responsibility: Department of Planning & Economic Development, Department of Public Works
J.2 Install a solar power trash compactor at Jericho Park as a demonstration project and promote this technology to commercial businesses. Planned Initiatives: Research cost and funding sources in order to install a solar trash compactor to be installed at Jericho Park. Share project results by presenting to the Chamber of Commerce. Time Frame: Mid-Term Responsibility: Department of Planning & Economic Development
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K.1 Increase tree canopy by providing financial incentives to residents, HOAs, and organizations for planting trees. Planned Initiatives: Offer a city funded tree rebate/ incentive program. Apply for tree planting grants through the State of Maryland and Chesapeake Bay Trust to fund residential tree plantings. Time Frame: Short-Term Total CO2e Savings: 457 MTCO2e Responsibility: Department of Planning & Economic Development, Department of Community Services Description: This measure considers the effect trees have in reducing the urban heat island effect, and in extracting CO2 from the air. All trees newly planted in an urban area should be reported in this measure. Trees planted to shade buildings can also directly decrease the energy use of those buildings, and should be reported in the measure Plant Trees to Shade Buildings, as well as in this measure. Planting trees not only may help mitigate heat island effect, but also reduce the need for cooling and as a result less energy and GHG emissions. Knowing these, efforts such as financial incentives aiming at motivating residents to plant trees can help reduce the City’s GHG emissions. For this analysis, approximately 300 trees were assumed to be planted per year or 1,800 trees planted by 2020.
K.2 Encourage the replacement of trees removed from residential properties. Planned Initiatives: Incentivize residential tree planting and develop a marketing strategy to promote tree replacement in pre-1990 neighborhoods. Time Frame: Mid-Term Responsibility: Department of Planning & Economic Development, Department of Community Services
K.3 Publicize local grants and other incentives available for businesses, churches, and local organizations to plant trees. Planned Initiatives: Publicize tree planting grants and other incentives through all city media outlets such as the Green Bowie e-newsletter, website, Bowie Spotlight, newsflashes, cable T.V ads, and social media. Time Frame: Short-Term Responsibility: Department of Planning & Economic Development, City Manager’s Office
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3. Monitoring & Tracking Progress
The City’s Department of Planning Department and Economic Development will be responsible for monitoring the implementation of this Climate Action Plan. However, in order to accomplish the many goals and actions outlined, collaboration and assistance is expected from other City departments, the Bowie Green Team Executive Committee, and the City’s Environmental Advisory Committee. All actions in this plan will be monitored and progress will be tracked by using the performance indicators in Table 4. A yearly update of the plan’s progress will be provided in the Department of Planning and Economic Development’s State of Environment Report. This plan in its entirety is anticipated to be completed by 2020 and will be fully evaluated for its success and completion.
Priority Action Performance Indicator(s) A.1 1. Number of low- income participants in City energy efficiency programs A.2 1. Number of participants in $100 City rebate program for BGE comprehensive energy audits 2. Number of City homeowners that took out an energy efficiency improvement loan A.3 1. Number of green team events that promote residential energy audits 2. Creation of residential energy audit informational page on the City’s website A.4 1. Number of educational pamphlets mailed to Leavitt Homeowners 2. Number of Leavitt Homeowners who request more information about suggested home improvements A.5 1. Number of homeowners reached during presentations and through other efforts at HOAs/COAS A.6 1. Number of renters reached during presentation and though other efforts at rental and multi-family residence buildings. A.7 1. Existence of County’s Energy Efficiency Mortgage information in City Welcome Packets 2. Number of meetings with local real estate agencies A.8 1. Number of meetings held to discuss State and County residential energy efficiency incentive programs 2. Number of various marketing strategies utilized to educate residents about State and County energy efficiency incentive programs B.1 1. Number of businesses in the City certified as a Green Bowie Business (GBB) B.2 1. Completion of Maryland Green Business Registry requirement in GBB Certification 2. Number of various marketing strategies utilized to promote GBB certification program B.3 1. Number of meetings held to discuss State and County commercial energy efficiency incentive programs 2. Number of various marketing strategies utilized to educate businesses about State and County energy efficiency incentive programs B.4 1. Number of commercial businesses benchmarking and disclosing energy performance in the City C.1 1. Completion of an approved policy for a residential and commercial green building standard C.2 1. Number of Green Buildings in the City 2. Number of events or activities held that showcased green buildings in the City D.1 1. Number of renewable energy sources installed in the City 2. Number of events or activities held that showcased renewable energy in the City D.2 1. Total number of kW of PV installed at homes and businesses in the City D.3 1. Number of Solar Roadmap goals completed E.1 1. Number of electric lawn mower rebate participants 2. Number of push reel lawn mower rebate participants F.1 1. Number of businesses and employees that participate in a form of multiple-occupant commuting F.2 1. Number of additional commuter park lots installed
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2. Average percentage of parking spots filled at Northview Drive commuter lot F.3 1. Number of expanded senior shuttle routes 2. Number of senior shuttle riders G.1 1 .Number of expanded bus routes 2. Number of riders on expanded bus routes G.2 1. Number of various marketing strategies utilized to promote Bike to Work Day, Car Free Day G.3 1. Number of times the City’s Development Review Guidelines and Policies are applied G.4 1. Number of new bike racks, lanes, and pedestrian trails 2. Number of reprogrammed traffic signals, and improvements to bus stops and rail stations made in the City G.5 1.Number of safety projects, sidewalk linkages, and hiker-biker trail improvements made in the City G.6 1.Number of transit services available at Melford and Bowie Regional Center G.7 1. Number of expanded transit services routes along MD 450 Corridor and to Old Town Bowie G.8 1. Number of roadway infrastructure priorities implemented from the Bowie and Vicinity Master Plan H.1 1. Number of EV electric charging stations installed in the City. H.2 1. Number of various marketing strategies utilized to educate residents about EV charging station locations H.3 1. Creation of Zipcar dropoff point at Northview park and ride H.4 1. Completion of webpage that provides educational information about eco-driving techniques 2. Number of eco-driving techniques promotional events held H.5 1. Number of reserved hybrid vehicle parking spaces within the city H.6 1. Completion of Transportation Systems Management strategies I.1 1. Number of paper shredding, Styrofoam, and other collection events held each year I.2 1. Number of participants who purchase a backyard compost bin during incentive program I.3 1. Completion of a webpage that provides educational information about reusable bags 2. Number of green team events that promote reusable bag use I.4 1. Number of educational recycling flyers left at households in Bowie I.5 1. Number of hazardous household waste collection events open to residents held per year I.6 1. Number of various marketing strategies utilized to educate residents about electronic and hazardous waste drop-off locations 2. Number of drop-off locations for electronic and hazardous waste that exist within the city I.7 1. Number of meetings with Prince George’s County regarding the Solid Waste Master Plan I.8 1. Completion of meeting with Chamber of Commerce to discuss business recycling development 2. Completion of presentation at the Chamber of Commerce J.1 1. Completion of pilot once a week and trash pick up in a Bowie neighborhood J.2 1. Completion of solar trash compactor installed at Jericho Park 2. Completion of a presentation for the Chamber of Commerce about solar trash compactor project K.1 1. Number of residential trees planted during City rebate offerings 2. Number of trees planted with grants or other sources of funding for residential tree plantings K.2 1. Number of residential trees planted in pre-1990 neighborhoods during tree rebate program 2. Number of various marketing strategies utilized to promote tree replacement K.3 1. Number of various marketing strategies utilized to publicize local tree planting grants and other incentives
Table 4. Performance Indicators to Monitor Progress of Climate Action Plan’s Goals and Actions
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4. Appendix
Appendix A Comprehensive Energy Efficiency and Strategy Report (pg 2-7 to 2-11)………....…………27
Appendix B Greenhouse Gas Emissions Inventory and Analysis (pg 7-14)...……………………………..33
Appendix C Table of City of Bowie Energy Efficiency and Conservation Completed Strategies with Estimated Emission Reductions (2014)……………………………………………….....42
Appendix D Community Climate Action Promotion (All Comments and Activity Results)………………43
Appendix E List of Sources Used for Table 3…….....………………………..……………………………58
Appendix F Greenhouse Gas Emissions Reduction Quantification for Recommended City of Bowie Goals, City of Bowie, MD (Appendix A)..…………………………………....59
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Appendix A:
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Appendix B:
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Appendix C:
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Appendix D:
Community Climate Action Promotion (All Comments and Activity Results)
Blue = Transportation Orange = Energy Green = Waste Black = Other
GHG Focus Group Meeting February 26th, 2013, Bowie City Hall Leaders in the environmental field were invited to attend a focus group about likely community measures to reduce greenhouse gas emissions.
Attendance: 1 SMC, 1 Bowie State University, 1 PG DER, 1 DDOE, 1 Energy Consultant, 4 Green Team, 5 EAC, 2 Staff, 1 City Council Member
Sean Russell Williamson – Sustainable Maryland Certified Jacqueline Jackson-Palmer - Facilities Coordinator, Bowie State University Didian V. Tsongwain - Prince George County Dept. of Environmental Resources Olayinka Kolawole - District Department of the Environment Charles Johnson - The Semcas Groups, Environmental Consulting Roberto Kaje - Energy Subgroup Green Team Member Crystal Faison - Energy Subgroup Green Team Member Mike Traweek - EAC Member Gary Allen - EAC Member Henri Gardner - Bowie City Council Member John Allender - EAC and Green Team Member Karin Taschenberger - EAC member Leslie Wood - EAC Member Maria Arnold - EAC Member Tiffany Wright - City of Bowie, Watershed Manager Tom Sykes - Energy Subgroup Green Team John Teasdale - Green Team Member
Comments Collected On Likely Community Measures for Bowie: 1. Outreach – Weatherization Grants (e.g. Step Up Program) (partner with energy companies) --- use tools 2. Businesses offer to exchange equipment, etc. 3. Food waste composting (pilot) 4. Promote solar + RECs 5. Community PPA 6. Sustainable utility (D.C.) 7. Green energy challenge
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Energy Subgroup Meeting August 26th, 2013, Bowie City Hall The three members of the Green Team Energy Subgroup met to give comments and suggestions to staff for a community climate action implementation measures draft to be distributed to Bowie residents.
Attendance: 2 City Staff, 3 Green Team Members
Green Team Meeting October 21, 2013, Bowie City Hall
Attendance: 10 Green Team Members, 2 City Staff Members
Money Activity:
Transportation $1100- Reduce Single Occupant $1200- Reduce Vehicle Miles Traveled $800- Improve Low Carbon Choices $400- Increase Mileage Efficiency Total: $3500
Energy $1500- Residential Energy Efficiency $1400- Commercial Energy Efficiency $1700- Green Building $2800- Renewable Energy Total: $7400
Waste $1000- Recycling $300- Reuse Materials $800- Create Less Waste $1000- Reduce Emissions for Transporting Waste Total: $3100
Comments Stated or Collected: 1. Composting should be on the list of measures. 2. Start with creating less waste and energy before completing big projects. Reduce waste and perform energy efficiency first. 3. I don’t know if it is feasible for the City to implement roundabouts or other mileage efficiency measures. 4. I want money and other resources from the City to be put in renewable energy. 5. Tree planting should be included in the Climate Action Plan. Planting trees is easy to do. 6. Tree planting measure should focus on the maintenance of tree planting. Planting is the easy part and we don’t want trees to fail. 7. Would solar and wind work even work in this area? Would it be feasible? 8. I would like more information on the trail master plan 9. Do not invest in waste because the City has already taken action in this area (distributing of recycling bins, etc.). 44
10. I only really set trash out one day a week anyway, so that would be beneficial. 11. Choose to invest in energy because that is where we will see the most benefit, and it is a cost – effective improvement. 12. Has Bowie thought of implementing a bike share program?
EAC Meeting November 6, 2013, Bowie City Hall
Attendance: 8 EAC Members, 2 City Staff Members
Money Activity: $300 not placed
Transportation $1700- Reduce Single Occupant $400- Reduce Vehicle Miles Traveled $500- Improve Low Carbon Choices $700- Increase Mileage Efficiency Total: $3300
Energy $2200- Residential Energy Efficiency $800- Commercial Energy Efficiency $300- Green Building $2800- Renewable Energy Total: $6100
Waste $300- Recycling $400- Reuse Materials $200- Create Less Waste $2000- Reduce Emissions for Transporting Waste Total: $2900
Comments Stated or Collected: 1. Implement a Solar Tour or combine with another in the area. 2. Make all actions visible. Awareness is key. 3. Plan needs a “catch attention action” like a driverless commuter bus. 4. There is momentum in renewable energy with Solar City. BGE is friendly to solar panels. 5. Create community incentive programs and more awareness about them. 6. Wind energy is not a good idea for this area. 7. I would highly support one day a week trash pickup. 8. Action is needed to actively convince people to recycle. 9. Consider pay-as-you-throw law. 10. Consider giving people money back by using recycling weight numbers. 11. Need to have active partnership with BGE and their programs. 12. Need to promote air sealing strategies. 13. Place efforts on organizations like churches, etc. to show people and reach people. Install solar panels on Lions Club building. 14. Provide free audits to churches and other organization buildings. 15. Don’t need to focus on green building because there are not a lot of new buildings in Bowie. 45
16. Maybe the focus shouldn’t be on individual trips… people like independence when driving. 17. Electric car technology is here. We are manufacturing electric charging stations in Bowie. We need to form a partnership with Semaconnect. 18. Ride share programs don’t work. 19. It is not great to bike across 450 and some major places in Bowie. 20. Retrofit all City facilities with both wind and solar. 21. Create a new recycling flyer. 22. Create a recycling contest. 23. By 2015, have one trash and one recycling day. 24. Track City fleet mileage.
Community Climate Action Series
Part 1: Getting Smart on Climate Change Oct. 9th, 2013, Kenhill Center
Attendance: 2 City Staff, 2 Green Team Members, and 3 Bowie Residents
Money Activity: $500 was not used
Transportation $900- Reduce Single Occupant $1200- Reduce Vehicle Miles Traveled $400- Improve Low Carbon Choices $100- Increase Mileage Efficiency Total: $2600
Energy $800- Residential Energy Efficiency $100- Commercial Energy Efficiency $2000- Green Building $700- Renewable Energy Total: $3600
Waste $600- Recycling $200- Reuse Materials $400- Create Less Waste $500- Reduce Emissions for Transporting Waste Total: $1700
General Comments Stated or Collected: 1. Buses in Bowie do not run frequently enough. It takes 1.5 hrs to get to Greenbelt from Bowie. 2. Buses go into DC, but do not connect to other areas like Annapolis, Laurel, and Greenbelt. 3. More police patrol at New Carrolton Metro Stop would encourage more people to leave cars there. 4. Solar panels have the adverse effect of cutting down trees to capture more sunlight. City should be aware of that. 5. More hybrid car parking spaces at shopping centers would be helpful.
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6. Notices should be sent to people who are not recycling esp. big items (piles of cardboard, etc.). 7. There are neighborhoods who are really great about recycling and other that are not. 8. There should be programs that encourage tree planting. 9. Target Levitt houses for green building/energy efficiency improvements. They are mostly the same, and homeowners can make similar improvements to achieve goals. 10. Expressed want of composting in City, which was not on activity boards.
Part 2: Save Money and Energy at Home or Office Nov. 20th, 2013, Kenhill Center
Attendance: 2 City Staff, 3 Green Team Members, and 9 Bowie Residents
Money Activity:
Transportation $500- Reduce Single Occupant $500- Reduce Vehicle Miles Traveled $300- Improve Low Carbon Choices $1400- Increase Mileage Efficiency Total: $2700
Energy $1000- Residential Energy Efficiency $800- Commercial Energy Efficiency $900- Green Building $2300- Renewable Energy Total: $5000
Waste $1200- Recycling $700- Reuse Materials $700- Create Less Waste $900- Reduce Emissions for Transporting Waste Total: $3500
General Comments Stated or Collected:
1. Consider things that promote and help pedestrians. Pedestrian access to businesses is very lacking in Bowie. 2. If we go to one trash day per waste collection, then yard waste pickup day should be different from trash pickup day. This is especially important since we cannot use plastic bags for yard waste after this year. We need to be able to use (recycle) our cans for both continued yard waste and trash. 3. Plan more events (like electronic waste recycling) at HOAs. 4. Zip Car probably not feasible for this area. 5. Create more inviting bike trails. 6. Composting could be feasible. 7. Have more electronic recycling events. 8. Reach out to more HOAs about green events. 47
9. Look into microgrids. 10. Renewable energy is easy to install with companies like Solar City. You do not have to pay anything to install solar panels up front. 11. Renewable energy is clean unlike say nuclear which uses a lot of water resources to cool the system. 12. Renewable energy is visible and is something that people neighbors can see and discuss. 13. Look into making sure the City does not have a policy that prevents people collecting trash items from the street unless they are marked free. Someone was arrested for this in Montgomery County. 14. Update website to include more drop off locations in Bowie for CFLs.
Part 3: Bikes, Trails, & Public Transit Jan. 13th, 2013, Kenhill Center
Attendance: 3 City Staff, 4 Green Team Members, and 19 Bowie Residents
Money Activity:
Transportation $1500 – Reduce Single Occupant $3200- Reduce Vehicle Miles Traveled $100- Improve Low Carbon Choices $0- Increase Mileage Efficiency Total: $4800
Energy $400- Residential Energy Efficiency $800- Commercial Energy Efficiency $1400- Green Building $2700- Renewable Energy Total: $5300
Waste $900- Recycling $1500- Reuse Materials $400- Create Less Waste $1100- Reduce Emissions for Transporting Waste Total: $3900
General Comments Stated or Collected: 1. Need bike racks at all shopping centers including Hilltop Giant area. 2. Need a better way to dispose of e-waste and hazardous wastes other than driving to landfill. 3. Need accessible Taxis for handicapped seniors. This was planned for Prince George’s County, but is on hold due to a lawsuit. Instead work with MWCOG to start a program. 4. I do not like roundabouts because they are unsafe and people do not know how to drive in them. 5. Roundabouts can be great with the right education such as the way they use blinkers in Britain. 6. One of the concerns that has been discussed in the past at Bike Bowie is the lack of bike racks where cyclists would travel. In fact, there are signs posted at Bowie Plaza forbidding bicycles 48
and skate boards. I don't think it is enforced because there are usually bikes chained to a light post in front of the Dunkin Donuts. I think the cyclists work there. 7. City should provide bins for yard waste and food waste like they did for recycling bins. 8. I would like to see more composting. 9. Need to do better on cardboard recycling. 10. Leave notices if residents are not recycling. Need to get people to recycle more. 11. Bus service should go to Annapolis and Greenbelt. 12. Seniors should be able to by SmartTrip Cards online. There is nowhere in Prince George’s County to pick them up to get the senior discount. 13. Fix the gap between two metro bus services that go to the metro. 14. Make the Bowie park and ride location more handicap accessible. 15. Need more trial connections. There is a dead end on WB&A. A bridge should be proposed. No trail between metro bus service lines.
TOTALS FOR ALL ACTIVITIES
Transportation $5700- Reduce Single Occupant $6500- Reduce Vehicle Miles Traveled $2100- Improve Low Carbon Choices $2600- Increase Mileage Efficiency Total: $16,900
Energy $5900- Residential Energy Efficiency $3900- Commercial Energy Efficiency $6300- Green Building $11,300- Renewable Energy Total: $27,400
Waste $4000- Recycling $3100- Reuse Materials $2500- Create Less Waste $5500- Reduce Emissions for Transporting Waste Total: $15,100
Online Collected Comments
Resident 1: 1. Increase the tree canopy in Bowie by planting additional evergreen and deciduous trees in residential, public and commercial areas to cool the local environment. 2. Restrict the open burning of vegetation and wood debris in Bowie to minimize the production of aerosols and soot that cause air pollution and local warming. 3. Promote voluntary measures to reduce emissions, and provide incentives to commercial organizations that have green buildings. 4. Subsidize emission-reducing equipment installed in commercial facilities. 5. Regulate emissions from Bowie commercial buildings. 6. Implement new building codes which mandate the use of more efficient insulation, heating, cooling and lighting alternatives in new development and renovations. 49
7. Preserve natural habitats in Bowie, and acquire more land for a natural buffer to counter balance the environmental impact of climate change to the developed zones, thereby minimizing energy costs. 8. Expand free transportation services for ride sharing beyond the senior population, to facilitate transporting multiple individuals simultaneously rather than having individuals make trips for local shopping. 9. Promote development of multi-level residential and commercial buildings instead of single family homes to reduce urban sprawl. 10. Capture methane gas emitted from city landfill property to locally reduce greenhouse gas emissions. 11. Conduct outreach campaigns to raise awareness of emissions from agricultural sources, and improve livestock waste management systems, 12. Help farmers and residents minimize over fertilization with community outreach.
Resident 2: 1. Although the City has some nice pedestrian and bicycle facilities, they have been developed in a haphazard fashion. To promote walking and cycling as a true alternative to driving, the City needs to commit to a comprehensive review of the trails and sidewalks, and then actively work to fill in the gaps.
HOA President 1: 1. I am a solar installer in the state of Maryland and a ten-year resident of Bowie. I see opportunities to reduce crime and improve sustainability in Bowie by installing solar lighting systems in neighborhoods and parks where electricity is not convenient. Our own neighborhood park is one location where lighting is insufficient and has become a place for drug sales. Light is a big deterrent to crime and a helpful aid to assisting neighborhood watch programs. Why not go solar in these locations? 2. I would like to see better access to the existing trails such as a trail leading to the high bridge bike/walking trail overpass. Better road-labels of trail entry points such as road markings or crosswalks would be appreciated. 3. Some trail maintenance would be appreciated including rotten-board removal on the W and OD trail bridges.
Resident 3: 1. I would like to see more OFF Street bike paths. A lot of people are just not comfortable riding in the street. Plus it creates hazards for cars. I for one would like to ride more, but not in the street. No matter if you make visible lanes or not.
Resident 4: 1. I live on Old Chapel Dr. 7507 in Bowie which sits between Highbridge Rd and Route 197. There are many residents who wish to walk to the shopping center and bus route, including my 2 adult sons with autism. Old Chapel Road is the only access to that and it is dark and hilly and there is no side walk until you get almost to 197. It is not only energy saving but safety and encouraging exercise if a side walk is provided at least on one side of the road from High Bridge road to Rt 197. 2. A local bus is provided for seniors to get around the city but not our handicapped. They rely on MetroAccess and the City would encourage more community participation if there was more access via bus for all.
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Resident 5: 1. It would be great if Bowie could provide recycling collection for its local businesses.
Resident 6: 1. Waste Strategy to ensure that we remain at the forefront of sustainable waste management well into the future.
Objectives:
- The City of Bowie becoming more resource efficient: Although we are only required to report on municipal figures for waste and recycling, we are in a unique position to influence the behaviors of a number of other stakeholders and we are committed to engaging with them to encourage sustainable waste management and adherence to the waste hierarchy.
- Waste reduction: We are committed to following the waste hierarchy and as such, our first priority is to implement initiatives that encourage and support our residents to take responsibility to reduce the overall household waste they produce.
- Reusing material: We will provide services and initiatives that encourage the reuse of items, therefore diverting these materials from final disposal.
- Recycling and composting: We are committed to providing all of our residents with the opportunity to recycle as many materials as possible and collecting these materials in a timely manner.
- To work with the City’s business community: The City of Bowie has a long history of direct engagement with City businesses on waste and recycling related issues through the Clean City Awards Scheme and Considerate Contractors’ Scheme. We are committed to continuing this tradition to achieve the objectives of this Strategy.
- Zero waste to landfill: We are committed to diverting all of the City’s waste away from landfill.
- Responding to climate change: We will aim to reduce our negative impact on climate change.
- Effectively engaging and communicating: We understand that we cannot realize our ambitions within this Strategy without engaging with our residents, those visiting the City and other stakeholders, in new and dynamic ways.
- Value for money: We are committed to ensuring that the services we provide are in line with “Value for Money” principles whilst balancing environmental impacts.
2. The City Together is the local strategic partnership which brings together key public, private, voluntary and third sector providers in the City with representatives from the City’s residents, businesses, workers and faith communities.
The Partnership is responsible for delivering The City Together Strategy, and it aims at promoting a world class City that ...... is competitive and promotes opportunity ... supports our communities ... protects, promotes and enhances our environment ... is vibrant and culturally rich 51
... is safer and stronger
We try to make sure the City has everything it needs to keep its lead. Establish an Economic Development Office that is dedicated to this through the research it funds, its briefings for opinion formers, the inward visits it arranges and its promotion of the City and its business climate. An inward investment team supports companies setting up and growing in the City and we manage the City Marketing Suite – a conference facility for organizations to use to encourage inward investment. A City Property Advisory Team is a central contact for property assistance and information, helping companies find and retain accommodation right for them in the Square Mile and its fringes. As a planning authority we help shape the City and its unique environment. We look for cutting edge design in new buildings while protecting our historic and contemporary much loved architecture – We establish a free Wi-Fi network to keep business on the move while an attractive environment is provided through our Street Scene/ streetscape Challenge. We lobby for projects than can improve the Square Mile, such as Crossrail which received the ‘green light’ after an intensive campaign. The Bowie City Investment District also help[ed] to fund this project. The BCID can be an effective representative for business and creates ‘umbrella’ initiatives that bring together disparate groups to work to common aims.
HOA President 2: 1. Not being familiar with proposed projects I would like to see the City of Bowie get involved with solar or wind energy perhaps through its own plant. The city has its own water plant, or shouldn't be too inconceivable to have a green power plant. 2. More connections are needed for safe and direct billing and walking. Connections through key land parcels, either residential communities or commercial could be small yet effective connections. Also, more reliable and convenient transit to major destinations throughout the city especially to Bowie State University and the MARC and New Carrollton metro would be nice if the market demand could sustain it. 3. Cherry Hill NJ provides a highly used waste service for disposing of toxics such as electronics, car batteries and oil. At this same facility free mulch is provided which is produced from composing fall leaf collections. Citizens pick the mulch up themselves from a large pile. It is frequently visited in the spring when folks are prepping their gardens.
Measures for Climate Change should include:
4. Amount of energy Bowie residents consume per capita
5. Amount of energy Bowie commercial/retail uses per SF
6. Number of miles Bowie residents commute to work by vehicle (ACS data or Bowie performed survey?)
7. Amount of waste diverted from landfills
8. Amount of green energy produced
Resident 7: 1. As a senior citizen in Bowie, I would like to be able to bike to the store; however there is a factor of the traffic. People drive too fast and don't watch out for pedestrians. Also, I would like to see local bike shops make it more affordable for seniors (maybe a senior discount) to buy and maintain a bike that would be fantastic. 52
2. The recycling program is large in Bowie. The problem is so much energy is used in the actual recycling process; it may not be such a great idea. I do know the city reduces use of the landfill though because of the recycling program. 3. What I would LOVE to see in Bowie and I've written letters about this with no response is: have volunteers help interested citizens in making vegetable gardens. Food is a huge issue and healthy food is becoming less and less available. A city the size of Bowie should be encouraging us to make use of our land and to grow our own food. Give out seeds and make help available. I would love to be involved in this effort. The skills of the "old days" are gone and need to be brought back. Just a thought...
Resident 8: 1. Most of what I see in the plan is limited to providing information and not getting feedback and using it to inspire. I think it needs to be more interactive. One way to help reduce energy is to provide better information. Not just how much one uses, but how it compares to others in the neighborhood. Some friendly competition could be a motivator. Maybe people could sign up to an annual contest for lowest kilowatts per person. The city has beautification contests, why not energy contest? Have some prizes/recognition for different categories (less energy used, most improved, etc.). 2. I also think it would be good if the city were able to periodically report on successes. For example, how many people took the energy audit and what changes did they make and what were their savings. Report what people are doing and what is working and show others the benefits with real examples. 3. I think there is more to be gained by showing people how they can save money rather than reduce emissions. Sooner or later you are going to come up against someone claiming these policies are part of Agenda 21 (Google if you don't know what this is about). This can become very decisive. However, pretty much every one of all stripes wants to save money. 4. The city really needs to address green buildings for businesses, especially with some large developments in the works, like Walmart. One badly designed Walmart can set the city back in terms of emissions that residences will not be easily able to counter balance, nor should they need to. Don't expect residences to [care] if businesses don’t or if businesses are allowed to get away with exceptions. We ALL need to be in this as a community. The best way to reduce vehicle emissions is for people to drive less. Really the only way to do this effectively is to discourage driving while offering alternatives. Unfortunately Bowie is a very car dependent place (just look at WalkScore.com). People are very attached to their cars. This is going to be very hard to do, especially if city leadership is not setting good examples. How many city employees participated in bike to work day? 5. Almost everyone in Bowie has a car. So I don't see a car sharing (i.e. Zip Car) service working here. Just not enough car free people here. 6. With the abuse I see with handicap parking, I don't see special hybrid parking working. Besides, what about my diesel car that gets 50mpg? I get better mileage than many hybrids. 7. One way to make better use of MARC is have buses running on the weekend that include a stop at the MARC station. Especially since MARC is now running on weekends. Car free to DC for a small fee. 8. It would be nice if WMATA looked more closely at where people in Bowie work. Not everyone wants to go to a Metro station. I know a lot of folks in Bowie work in Greenbelt. Why is there no direct bus from Bowie to the next town over? It takes me 20 minutes to drive to work. Bus take (two buses!) takes about hour and a half. I can bike it in less than an hour. Which mode do think I do most often? I would be willing to take a bus that was up to 40 minutes. 9. Promoting bicycling and walking has many benefits worth promoting besides reduction of carbon emissions. People will not do these if the environment/infrastructure is not conclusive to 53
it. It is hard to get to businesses in Bowie on foot. Not too hard on a bike, until you need to park your bike. Easy in a car. Then you have businesses like Giant that give you discounts on gas if you shop there. That only encourages driving. Where is the promotion for those who came using human power? There are many opportunities here, especially if you can engage the business community. I have a T-shirt that says "Bike Local, Buy Local". If I am going to walk to bike to business and spend money, then I am spending it in the community. I get in a car and all of the sudden Waugh Chapel and Annapolis really are not too far to go. It should be easy to walk to businesses. Decent bike parking should be a standard feature (not some [disappointing] rack in a dark corner). I would suggest the city offer a design guide (other cities do, ask me if you want examples). Maybe a city ordinance for minimum bike parking is in order, you do it for cars. 10. Improving bike and pedestrian mode share should have a lot more short term goals. Why is bike parking (racks) a long term goal? Biking facilities are very cheap and quick to deploy (especially when compared to car accommodations). 11. Bowie has a basic trail system. If it connected business and residences better it could be more than a recreation facility. Bike for transportation is a growing phenomenon in this country. Some cities are embracing it and getting economic benefits as well emissions reductions. If there was some focus on connecting places and a mean of way finding (signs) car trips could be reduced. Especially if you can show that it is faster than driving and saves people money. Again, if you cater to cars, you will just get cars. Sometime needed improvements are small projects. In some cases there just needs to be a better (safer!) way to cross a road. 12. I don't see anything on the plan to help pedestrian mobility in terms of sidewalks safe street crossing. This should be a short term goal. Many of the "walk" lights will only change if you press the "beg button". A moment too late and you have to sit out a whole light cycle. This occurs on Bowie's "Main Street" on MD-450. These lights are set to optimized movement of cars and people of foot are an afterthought at best. Some reprogramming of the signals could help. The sidewalk system could be improved as well. Not to mention many sidewalks are shrinking in size because people don't trim back their lawns. 13. The plan does not mention anything regarding complete streets or safe Routes to School programs. These are means to increase walk-ability and walking, respectively. 14. I don't see a bike share systems being viable in Bowie. People have cars and Bowie it optimized for cars, so people will drive until driving is less desirable than alternatives. Some means to do this are to reduce parking minimums. Also, place business development closer to where the people are. The new planned Walmart, for instance is across a highway from residences. That is a major barrier for bikers and walkers. Car dependent development should NOT be encouraged. 15. I think you are on the right track with increasing the opportunities for recycling. I think the city does a good job for residences, not sure about businesses. Every week I see cardboard out for trash pick up the day after recycling pickup on my street. Maybe the city needs a way to better communicate that is can be recycled. Maybe if boxes are being used to contain trash for pickup they should be marked as such, otherwise it gets a sticker (like with the yard waste) stating they didn't do it right. 16. While I know it is difficult to do a local hazardous waste day in the city, it seems electronics recycling could be done. I often see old TV's and computer equipment out for trash pickup. Most folks are not going to go to the trouble of driving to the dump. I do it, and it is a pain and time consuming. All the education in the world will not make much of a dent. It needs to be made so easy it is stupid not to recycle. Maybe once a quarter have a drop off. Could be combined with the farmer market or other local event. MOMS does a good job with this. 17. I think once a week trash pickup makes sense. Personally I recycle almost every week, and put out one bag of trash about every third trash day. One less trash pickup could increase the
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recycling. As you roll this out you need to make a lot of noise about recycling and what is permitted. 18. Addressing car dependence in Bowie is going to be very important if you want to reduce emissions. Sometimes it’s the small things that get in the way. It is not easy to walk to businesses in Bowie. 19. Access for Bowie Plaza. There is a large neighborhood, my neighborhood, across MD-197. There is a signaled crosswalk to cross MD-197, IF you press the "beg button". This usually means waiting out more than an entire light cycle (longer than being in a car). The signals do not automatically provide a "Walk" signal every cycle. So now you cross MD-197 and how do you get to the stores? There are two basic options. One, walk in the road with the cars (not safe). Or two, walk through the landscaping (not too safe either). But you need to do that in the right spot because a good bit of it is actually a drainage ditch. There is one real pedestrian access point all the way at the North end part way up Old Chapel Road. To get there a pedestrian would have to traverse another driveway for cars. As a result of this I don't walk there often (sorry TJ Elliot's!). About 30 feet of sidewalk could fix this. I suggest if you do a site visit to start at the East side of MD-197 at Old Chapel Road and try to walk there. Try it at rush hour and it will be very clear how hostile this is for the pedestrians (please be safe). It screams drivers only are welcome. Other than crossing MD-197 and actually getting into Bowie Plaza, it is quite walkable from the the "W", "C" and "M" sections. My neighbor drives there to go to the gym! 20. Access to Free State Plaza. When I walk there I come via Millstream and enter via Marquette Lane. The sidewalk on the North side ends abruptly before you get to the entrance. But even if you cross to the South side, and extend the distance, you still end up having to walk in the road to use the West entrance to Free State. From there you either need to walk in the road or traverse the landscaping. If you do a site visit you might notice some warn paths (desire lines!) and gaps in the bushes where people regularly cut through. If you were to walk along the multi-use path on the North side on MD-450 you will find only one pedestrian access point all the way down at the North East corner of Superior Lane and MD-450. There are a total of four entrances for drivers and only one for pedestrians. Does that make sense given the location? Some sidewalks could fix this. Furthermore, try getting from there to Market Place just across MD-450 from Free State. Not only do you need to deal with the previous mentioned "beg buttons", but you also need to go through three cross walks (i.e. three light cycles) just to cross one street, legally. Market Place and Free State are surrounded by residential housing well within walking distance, yet almost no connections to city walking infrastructure exist. Free State was largely redone about six years ago. They failed to improve this aspect. 21. Access to Hilltop Plaza. This is at the corner of MD-450 and Race Track Road. Also very close to a large number of residential housing. So how does a pedestrian get there? There is the multi-use trail in the North side of MD-450. It ends very abruptly at the back side of the Out Back restaurant. When Hilltop renovated a few years ago they did add a small side path along the Out Back restaurant. Coming from the trail it is not clear that it even exists (no continuity). It certainly cuts off those on a bicycle as it is very narrow and not straight. Note that the White March Park trail has an access point at Race Track Road and MD-450 (~100 yard away). This is effectively cut off from the trail that goes along the North side of MD-450 in the Eastward direction. So what if you are walking south along Race Track Road? From Victoria Heights Road the sidewalk is lacking. It is as bad as it is on the other side of the road (which is due to be redone). So you get past that and on to the sidewalk. There are three access points, but in each case pedestrians need to either mix with drivers or blaze a path through the landscaping. If you make it past those three driveways you will find one pedestrian access point near the Walgreens at the corner (now try to walk to MOMS from there). No wonder everyone drives. I see this as a failure of the recent refurbishment of the plaza. If you do a site visit, start at Free State and walk 55
to MOMS. Then start from the "V" section (or even the "I" or "Y" sections) and walk down Race Track Road into Hilltop. Some rather short lengths of sidewalk could remedy this. 22. These are three examples that I personally have to deal with. Free State, Market Place, and Hilltop Plaza are all on MD-450 where the banners on the streetlights proclaim it as "Bowie Main Street". Not my vision of a main street. The complete and utter domination by cars (often speeding) destroy any sense of place evoking "main street" imagery. Similar situations are present at parts of New Town Center, theaters at Major Lansdale Blvd, and Market Place. Some places in Bowie do a much better job, such as the shopping center on MD-450 and Highbridge Road and also the Fairwood center. I do highly recommend walking in a pedestrian's shoes and see for yourself. These are artifacts of poor design and lack of city ordinances. I do think they can be corrected and could encourage less car trips. I walk and bike to these places in-spite of these deficiencies.
Resident 9: 1. Education -- The draft plan includes a significant level of education and outreach to the community. It could be helpful to have a dedicated time slot(s) on the community television station for discussion of the various topics discussed in the plan as well as others that may be identified over time. Perhaps a new program could be televised once a month on a given day and time. Guest speakers from local organizations could be "interviewed." 2. Green Activities -- It could be helpful to establish a community garden similar to other PG communities. Programs for participants, including such topics as how to compost, how to introduce gardening to young people, etc. could be presented periodically.
Other Anonymous Responses: 1. I wish we had a facility that could handle compostable products for recycling. Many of the replacements for Styrofoam cups, plates, etc. are compostable but only in a commercial facility, not in a homeowner compost pile. 2. For walking, it needs to be more than a fair weather option. The recent snow demonstrates this very well. Five days after the event and many sidewalks are still ice coated. Many others have large ice berms at cross walks. Not all of these are in the residential areas. Case in point is the path along MD450 from Free State to Hilltop. This borders Archer Park, presumably a city property. Why is this not cleared? 3. To promote bicycling, why not offer bike valet parking at city event at Allen Pond? WABA has done valet parking in DC and it has been shown to be popular. Let's not forget bike parking. There are many stores in Bowie where the only bike parking is trees in the landscaping. Proper bike parking in the form of inverted "U"s is what is needed. Look at Hilltop Plaza for a good example and Free State Giant for a very bad example. This can be done now. 4. Arlington VA does some neat things to promote walking and biking that could be implemented in Bowie. Things such as a blog where people discuss how they get around car- free. See http://www.carfreediet.com/pages/whats-your-one/?utm_source=accs-partner- sites&utm_medium=banner&utm_term=&utm_content=180x180&utm_campaign=countless-cf- trips. Also they promote biking, see http://www.bikearlington.com/pages/news-events/blog/ They have easy access to good maps with bike routes. Bowie should have a bike map that has good safe routes from residential areas to businesses. Take away excuses and show folks it can be done. Thus should be a short term item. 5. Another way to promote biking it to once again become a certified Bike Friendly Community. This should be a medium term item.
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Telephone Collected Comments
11/7/2013, Telephone Caller 1: 1. I would like people to use reusable bags, and there is too much government intervention with businesses. 2. I do not even know where bus routes are in the City and would like more information on this.
11/12/2013, Telephone Caller 2: 1. I would like the City to look into THE POWERHOUSE energy saving/power conditioning system. Much of the power delivered to consumers via the country’s electric grid is affected by many external factors. These upstream influences generally result in lower quality power. Evidence of this is seen in the flickering of lights, computers rebooting without warning, and often the sudden failure of vital equipment. THE POWERHOUSE balances, stabilizes and boosts voltage across all phases. Simultaneously, it reduces and balances panel amp loads and improves power quality, even when demand is increased. In addition, there is virtually no voltage drop, even under the strain of equipment start up.
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Appendix E:
Parameter Value Unit
1 Base Year (2007) Community-Scale Emissions 307,369 MTCO2e
2 Target Year (2020) Forecasted Emissions 346,000 MTCO2e
Annual Emissions Reductions Forecasted from Energy 19,977 MTCO2e Intensity Decline and Municipal Climate Actions3*
4 Adjusted Target Year Forecasted Emissions 326,023 MTCO2e
Community-Scale Reduction Target (percent below base year) 20 percent
5 Remaining Community-Scale Emissions Reduction Goals 80,128 MTCO2e
1Source: Community Greenhouse Gas Emissions Inventory and Analysis. City of Bowie. November 1, 2012 (City of Bowie 2012).
2 Source: Community Greenhouse Gas Emissions Reduction Focus Group. City of Bowie. February 26, 2013 (City of Bowie 2013). Estimated based on growth only projections for Year 2017. In the absence of forecasted data for Year 2020, the 2017 growth only data was assumed to be the same as the 2020 growth only data.
3 Source: City of Bowie 2013. Estimated based on the difference between the 2017 growth only projections (346,000 MTCO2e) and the 2017 total projections (330,401 MTCO2e), which accounts for residential and commercial declines in energy intensity (reduction in space heating and higher efficiencies for newer buildings and residences) and improvements in light duty vehicle fuel economy. In the absence of forecasted data for Year 2020, the 2017 projection data was assumed to be the same as the 2020 projection data. Additionally, 1,855 MTCO2e was added to value to include completed municipal climate actions and 2,523 metric tons was added to include a planned 2.434 megawatt (MW) solar array to be installed in 2015 on a farm property owned by the City. Based on 4 sun hours per day for 365 days a year, the total MTCO2e was calculated based on total energy production (MWh) and USEPA eGRID non-baseload output emission rates for carbon dioxide (CO2), methane (CH4), and nitrous oxides (N2O) (Year 2010 data; USEPA eGRID 9th edition, Version 1.0) for RFC East subregion. Global warming potential factors of 25 (CH4) and 298 (N2O) were assumed to convert to CO2e.
*This value was corrected from the ERM Greenhouse Gas Emissions Reduction Quantification for Recommended City of Bowie Goals report that estimated a cumulative emissions reduction for the planned 2.434 megawatt solar array and did not include a municipal action in the value.
4Estimated as follows: Target year forecasted emissions minus annual emissions reductions forecasted since base year minus additional municipal climate actions.
5Estimated as follows: (adjusted target year forecasted emissions minus base year community-scale emissions) + (community-scale reduction target x base year community-scale emissions).
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Appendix F:
Greenhouse Gas Emissions Reduction Quantification for Recommended City of Bowie Goals City of Bowie, MD
June 2014
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MEMORANDUM
TO: City Council
FROM: David J. Deutsch, City Manager
SUBJECT: Resolution R-4-15 Bowie Veterinary Properties, LLC 6700 Laurel Bowie Road Annexation Agreement
DATE: December 31, 2014 ______
Staff has received an Annexation Agreement signed by Mr. Luis Braz-Ruivo on behalf of Bowie Veterinary Properties, LLC, owners of Parcel 316 on Prince George’s County Tax Map 37, also known as 6700 Laurel Bowie Road, Bowie, Maryland 20715, which is located on the west side of MD 197, north of Millstream Drive (see Attachment #1). The property that is subject to the agreement is approximately 1.17 acres and is occupied by a veterinarian’s office. Parcel 316, combined with a narrow rectangular strip (approximately 14 feet wide by 274 feet long) of the MD 197 right-of-way which is not currently within the City limits, comprise an Annexation Area of approximately 1.21419 acres of land.
In October, the Prince George’s County Health Department issued an abatement order to the property owner relating to their failing septic system. The order requires that the business connect to a public sewer system. Bowie Veterinary Properties, LLC is willing to pay all costs of installing a sewer system on their property and will bear all costs of connecting into the City’s system, which has available capacity. The connection will require tunneling under MD 197 in the vicinity of Millstream Drive, and a City Water and Sewer Plan category change will have to be approved by City Council.
The proposed Annexation Agreement will result in the property being annexed into the City and contains the necessary provisions to ensure the property will be in compliance with the applicable City regulations. The City Attorney has reviewed and approved the attached agreement.
Recommendation
Because the proposed Annexation Agreement will facilitate Parcel 316 shown on Prince George’s County Tax Map 37 being annexed into the City, it is recommended that Council APPROVE R-4-15 authorizing the City Manager to sign the Annexation Agreement.
Attachments
Attachment 1
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Resolution R-4-15
RESOLUTION
OF THE COUNCIL OF THE CITY OF BOWIE, MARYLAND AUTHORIZING THE CITY MANAGER TO EXECUTE AN ANNEXATION AGREEMENT WITH BOWIE VETERINARY PROPERTIES, L.L.C, ESTABLISHING THE TERMS AND CONDITIONS GOVERNING THE PROPOSED ANNEXATION OF APPROXIMATELY 1.21419 ACRES OF LAND OWNED BY BOWIE VETERINARY PROPERTIES, L.L.C., LOCATED ON THE WEST SIDE OF MARYLAND ROUTE 197, NORTH OF MILLSTREAM DRIVE, INTO THE CORPORATE LIMITS OF THE CITY OF BOWIE
WHEREAS, the Council of the City of Bowie (hereinafter, “the City”), a municipal corporation of the State of Maryland, proposes to enlarge and extend the corporate limits of the City to include certain real property situated in Prince George’s County, contiguous to and adjoining the City, in accordance with the procedures set forth in Md. Code Ann., Local Gov’t Article, Title 4, Subtitle 4, § 4-401 et seq.; and
WHEREAS, pursuant to the aforesaid provisions of State law, the City is required to develop complete and detailed provisions concerning the conditions and circumstances applicable to the change in boundaries as to the residents and property within the area proposed for annexation; and
WHEREAS, Bowie Veterinary Properties, LLC, the owners of Parcel 316 shown on Prince George’s County Tax Map 37, with a premise address of 6700 Laurel Bowie Road, Bowie, Maryland 20715, have reached agreement with the City of Bowie as to the particular circumstances that will govern the proposed change in boundaries, which Agreement is attached hereto as Exhibit “A”.
NOW THEREFORE BE IT RESOLVED, by the Council of the City of Bowie, Maryland in legislative session assembled:
Section 1. That the terms and conditions embodied in the Annexation Agreement attached hereto as Exhibit “A” are in the public interest and will benefit the City of Bowie and the property proposed for annexation.
Section 2. The City Manager is hereby authorized to execute the Annexation Agreement appended hereto as Exhibit “A”.
Section 3. The Annexation Agreement hereby authorized for execution will be incorporated into and become a part of the Annexation Resolution for the extension of the - 2 - R-4-15 geographical boundaries described in the Agreement at such time as a Resolution initiating the annexation of such geographical areas is introduced by the Council of the City of Bowie, Maryland.
INTRODUCED AND PASSED on this 5th day of January, 2015 by the City Council of the City of Bowie.
______G. Frederick Robinson Mayor
______Awilda Hernandez City Clerk
EXHIBIT A
ANNEXATION AGREEMENT
THIS AGREEMENT is made this __ day of ____, 2014, by and between the City of Bowie, a municipal corporation of the State of Maryland ("City"), and Bowie Veterinary Properties, LLC, a Maryland limited liability company with its principal place of business located at 6700 Laurel Bowie Road, Bowie, Maryland, 20715 (hereinafter the "Owner").
RECITALS WHEREAS, Bowie Veterinary Properties, LLC is the owner of record of certain real property located in Prince George's County, Maryland, commonly known as Parcel 316 on Tax Map 37, and more particularly described in Exhibit A attached hereto and made a part hereof as if set forth in full in the body of this Agreement and hereinafter referred to as the "Subject Property"; and,
WHEREAS, the Subject Property is served by the public water operated by the Washington Suburban Sanitary Commission (WSSC) and a private septic system; and,
WHEREAS, the Prince George's County Health Department has certified, by its letter of October 6, 2014, that the Subject Property is now served by a malfunctioning septic system that the County has condemned, and the Chief of the County Health Department's Environmental Protection/Policy Program has ordered abatement of the corresponding health hazard by requiring that the property connect to the adjacent sanitary sewer system operated by the City; and
WHEREAS, Owner and the City desire to have the Subject Property incorporated into the corporate boundaries of the City of Bowie so it can be served by the City's sanitary sewer system; and,
WHEREAS, pursuant to the authority contained in Md. Code Ann., Local Govt Art.,§ 4-401 through 4-416, the Owner and the City have agreed that the following 2 agreements, conditions and circumstances will apply to the annexation proceedings and to the Annexation Area.
WITNESSETH: 1. WARRANTIES AND REPRESENTATIONS OF CITY A. The City will provide sewer service capacity at its wastewater treatment plant to serve and support the owner's continuation of a dog and cat animal veterinary hospital on the property.
2. WARRANTIES AND REPRESENTATIONS OF OWNER A. Site Sewage Utilities: The Owner shall design and construct on-site sewage utilities as privately owned utilities and obtain construction permits as required through WSSC.
B. Connection To City of Bowie Sewer Mains: The Owner shall apply to the City of Bowie Department of Public Works for permission to connect private site and building sewers to City sewer mains. The application shall include all site utility design documents and required documents to record any new maintenance easements. All costs for engineering review of plans, evaluation of City's sewer mains for capacity, construction inspections, and connection fees shall be chargeable to the Owner. Once City sewer service is provided to the property, the Owner shall not relocate sewers, make new connections, nor terminate existing sewer connections without letter approval from the City of Bowie.
C. This Agreement constitutes the Owner's formal written consent to annexation as required by Md. Code Ann., Local Govt Art.,§ 4-403 . The Owner acknowledges that it will receive a benefit from annexation and agrees, as a bargained-for condition and circumstance applicable to annexation, that it waives and completely relinquishes any right to 3
withdraw its consent to annexation from the date of execution of this Agreement by all parties. Owner further agrees that it will not petition the Annexation Resolution to referendum and that, in the event of a referendum in which it is permitted to vote, that it shall vote in favor of the Annexation Resolution.
D. Owner warrants and represents that it is in fact the sole fee simple owner of the real property encompassed in the Annexation Area described in Exhibit A, and that there is no action pending against it or involving it that would in any way affect its right and authority to execute this Agreement.
E. The Owner warrants and represents that it has the full power and authority to sign this agreement and is, in fact, the sole owner of not less than Twenty-Five Percent (25%) of the assessed valuation of the real property within the Annexation Area and further represents that there are no persons residing in the Annexation Area.
F. The Owner warrants and represents that there are no persons or entities having an interest in the Annexation Area or holding a lien or other debt instrument with respect to the Annexation Area.
3. APPLICATION OF CITY OF BOWIE CODE AND CHARTER From and after the effective date of the Annexation Resolution, all provisions of the Charter and Code of the City shall have full force and effect within the Subject Property except as otherwise specifically provided herein.
4. MUNICIPAL SERVICES From and after the effective date of the Annexation Resolution, the City will provide all applicable municipal services to the Subject Property. 4
5. DEVELOPMENT CONSIDERATIONS A. The property shall be permitted to utilize the City's sewer system provided that Owner meets all of the applicable provisions of the City Code regarding same.
B. The Owner agrees that no changes to the architectural plans for the existing building within the Annexation Area will be submitted to Prince George's County without first submitting the architectural plans to the City for its review and comment, however, the parties agree that the City's approval is not required and that its comments are not binding. The architectural plans will be submitted to the City at least 30 days prior to submission to Prince George's County.
6. CONTINGENCY This Agreement is contingent on the performance of all of the material obligations of the parties to this Agreement and will be null and void if such obligations are not performed; provided that any party has notified the others of any failure to perform, and provided the defaulting party has not cured the default within thirty (30) days of such notification.
7. MISCELLANEOUS A. The use of the singular verb, noun and pronoun forms in this Agreement shall also include the plural forms where such usage is appropriate. The use of the pronoun "it" shall also include, where appropriate "he" or "she" and the possessive pronoun "its" shall also include, where appropriate "his," hers" and "theirs".
B. From time to time after the date of this Agreement, the parties, without charge to each other, will perform such other acts, and will execute, 5
acknowledge and will furnish to the other such instruments, documents, materials and information which either party reasonably may request, in order to effect the consummation of the transactions provided for in this Agreement.
C. This Agreement, which includes all exhibits, schedules and addenda hereto, each of which is incorporated in this Agreement by this reference, shall be recorded by the City of Bowie among the Land Records of Prince George's County, Maryland, and shall be binding upon and inure to the benefit of the parties, their heirs, successors and assigns, and embodies and constitutes the entire understandings between the parties with respect to the subject matter hereof, and all prior agreements, understandings, representations, and statements, whether oral or written, are merged in this Annexation Agreement. Neither this Agreement nor any provision hereof may be waived, modified or amended unless such modification is in writing and is signed by the party against whom the enforcement of such waiver, modification or amendment is sought, and then only to the extent set forth in such instrument.
D. The parties hereto acknowledge that, in entering into this Agreement, no party has been induced by, nor has relied upon, not included as part of the basis of the bargain herein, any representation or statement, whether express or implied, made by any agent, representative or employee, which representation or statement is not expressly set forth in this Agreement.
E. This Agreement shall be construed according to its plain meaning without giving regard to any inference or implication arising from the fact that it may have been drafted in whole or in part by or for any one of the parties hereto. ..
6
F. This Agreement, its benefits and burdens, shall not be assignable, in whole or in part, by Owner without the consent of the City or of its elected officials, employees or agents, to any purchasers or contract purchasers of the Subject Property or any part thereof. However, Owner will not transfer or pledge as security for any debt or obligation, any interest in all or part of the Subject Property, without first obtaining the written consent and acknowledgment of the transferee or pledgee to the Annexation Agreement and to the complete observance hereof. Owner shall provide the City copies of all documents of transfer or assignment of this Agreement, including exhibits when the documents are fully executed, regardless of recordation.
G. The captions in this Agreement are inserted for convenience only, and in no way define, describe or limit the scope of intent of this Agreement or any of the provisions hereof.
H. This Annexation Agreement shall be interpreted in accordance with the laws of the State of Maryland and any suit to enforce the terms hereof or for damages for breach hereof shall be brought exclusively in the courts of the State of Maryland for Prince George's County and the parties expressly consent to the jurisdiction thereof and waive any right they might otherwise have to bring, transfer or remove such suit in to any other form. If any term or provision of this Agreement is declared illegal or invalid for any reason by a court of competent jurisdiction, the remaining terms and provisions of this Agreement shall, nevertheless, remain in full force and effect.
I. All notices and other communications under this Agreement shall be in writing and shall be sent either by first class mail, postage prepaid, or by personal delivery, addressed to the parties as provided below. Notice shall .. 7
be deemed given on the date delivered or attempted to be delivered during normal working hours on business days.
IF TO THE CITY: David J. Deutsch, City Manager The City of Bowie Bowie City Hall 15901 Excalibur Road Bowie, Maryland 20716
With a copy to: Elissa D. Levan, Esquire Funk & Bolton, P.A. 36 S. Charles Street, 12th Floor Baltimore, Maryland 2120 I
IF TO THE OWNER:
Bowie Veterinary Properties, LLC 8706 Ross Street Bowie, Maryland 20720-4441
With a copy to: Ms. Virginia Traynham 6700 Laurel Bowie Road Bowie, Maryland 20715
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first written above.
WITNESS: THE CITY OF BOWIE By: ______
David J. Deutsch
WITNESS/ATTEST: OWNER: /' t1A·~ By: ___(:::<:_/?)-4--:::::::)-~ __ Bowie Veterinary Properties, LLC 8
STATE OF MARYLAND COUNTY OF PRINCE GEORGE'S, to wit:
I HEREBY CERTIFY, that on this day of ______2014, before me, a Notary Public in and for the State aforesaid, personally appeared David J. Deutsch who has been satisfactorily proven to be the person whose name is subscribed to the within instrument, who acknowledged himself to be the City Manager of the City of Bowie, a municipal corporation of the State of Maryland, and that said City manager, being duly authorized so to do, executed the foregoing instrument for the purposes therein contained, by signing the name of the municipal corporation as such City Manager.
WITNESS my hand an notarial seal.
______(SEAL) Notary Public
My Commission Expires: ______
STATE OF MARYLAND, COUNTY OF PRINCE GEORGE'S, to wit:
I HEREBY CERTIFY, that on this __!!!! day of ~CffY\ b.e.r , 2014, before me, a Notary Public in and for the State aforesaid, personally appeared Luis Braz-Ruivo, party to the within Annexation Agreement and acknowledged that he executed the same for the purposes therein contained .
...... NCmWMUC PRINCEGIOia'ICCUnY t.WiftNI) My Commissian &phs 0112WD11 9
I HEREBY CERTIFY that the foregoing instrument was prepared by or under the supervision of an attorney duly admitted to practice before the Court of Appeals of Maryland.
Elissa D. Levan, City Attorney
MEMORANDUM
TO: City Council
FROM: David J. Deutsch City Manager
RE: Resolution R-5-15 Bowie Veterinary Properties, LLC Annexation Plan
DATE: December 31, 2014 ______
In accordance with the Annotated Code of Maryland, Local Government Article, Title 4, Subtitle 4, Section 4-401 et seq., the legislative body of a municipal corporation shall, in addition to, but not as a part of the (annexation) resolution, adopt an Annexation Plan for the area proposed to be annexed. The Maryland General Assembly added the requirement for an Annexation Plan in 2007. The content of the Annexation Plan is the same as that contained in the Statement of Services previously required for all annexations.
The attached Resolution R-5-15 approves the Annexation Plan for Parcel 316 on Prince George’s County Tax Map 37, also known as 6700 Laurel Bowie Road, Bowie, Maryland 20715, owned by Bowie Veterinary Properties, LLC, and a narrow rectangular strip (approximately 14 feet wide by 274 feet long) of the MD 197 right-of-way which is not currently within the City limits. The Annexation Area is comprised of approximately 1.21419 acres of land.
According to State requirements, the City must provide copies of the adopted Annexation Plan to Prince George's County government and the Maryland Department of Planning and any regional and State planning agencies having jurisdictions within the County at least 30 days prior to the holding of the public hearing on the annexation.
Recommendation
Because the proposed Annexation Plan meets all applicable requirements of State law, it is recommended that Council APPROVE Resolution R-5-15 and direct staff to provide copies of the adopted Annexation Plan to Prince George's County government and the Maryland Department of Planning and any regional and State planning agencies having jurisdictions within the County at least 30 days prior to the holding of the public hearing on the annexation.
Attachment - Resolution R-5-15
R-5-15 RESOLUTION OF THE COUNCIL OF THE CITY OF BOWIE, MARYLAND ADOPTING AN ANNEXATION PLAN FOR THE ANNEXATION OF PARCEL 316 ON PRINCE GEORGE’S COUNTY TAX MAP 37, ALSO KNOWN AS 6700 LAUREL BOWIE ROAD, OWNED BY BOWIE VETERINARY PROPERTIES, LLC, AND A PORTION OF THE MARYLAND ROUTE 197 RIGHT-OF-WAY, NORTH OF MILLSTREAM DRIVE
WHEREAS, the Annotated Code of Maryland, Local Government Article, Title 4, Subtitle 4, Section 4-401 et seq., authorizes municipalities to annex land; and
WHEREAS, the Annotated Code of Maryland, Local Government Article, Section 4- 415, requires municipalities to prepare an Annexation Plan for each new annexation that: (1) includes a description of the land use pattern for the area to be annexed; (2) demonstrates the available land for public facilities which may be considered reasonably necessitated by the proposed use; (3) describes the schedule for extending to the area to be annexed each municipal service performed within the municipality at the time of annexation; and, (4) includes a statement as to the general methods by which the municipality anticipates to finance the extension of municipal services into the area to be annexed; and
WHEREAS, the Council of the City of Bowie, in approving R-12-06 on March 6, 2006, adopted an annexation policy establishing the principles to be used by the City to facilitate the annexation process; and
WHEREAS, pursuant to the aforesaid provisions of R-12-06, the City has determined that the proposed annexation of Parcel 316 shown on Prince George’s County Tax Map 37 and an adjacent, rectangular strip (approximately 14 feet wide by 274 feet long) of the MD 197 right- of-way will meet the City Council's criteria for annexation; and
WHEREAS, the memorandum attached as Exhibit A constitutes the Annexation Plan for the proposed annexation and demonstrates that the proposed annexation meets all of the applicable requirements of State law.
NOW THEREFORE BE IT RESOLVED, by the Council of the City of Bowie, Maryland in legislative session assembled approves the Annexation Plan for the referenced annexation as further described in Exhibit A.
INTRODUCED AND PASSED on this Fifth day of January, 2015 by the City Council of the City of Bowie.
______G. Frederick Robinson Mayor
______Awilda Hernandez City Clerk
MEMORANDUM
TO: City Council
FROM: David J. Deutsch City Manager
RE: Bowie Veterinary Properties, LLC Annexation Plan
DATE: December 31, 2014 ______
In accordance with the Md. Code Ann., Local Gov’t Article, Title 4, Subtitle 4, § 4-401 et seq., the legislative body of a municipal corporation shall, in addition to, but not as a part of the (annexation) resolution, adopt an Annexation Plan for the area proposed to be annexed. The Annexation Plan shall include a description of the land use pattern for the area to be annexed, demonstrate the available land for public facilities which may be considered reasonably necessitated by the proposed use, describe the schedule for extending to the area to be annexed each municipal service performed within the municipality at the time of annexation and include a statement as to the general methods by which the municipality anticipates to finance the extension of municipal services into the area to be annexed. This Annexation Plan memorandum fulfills these requirements.
I. Property Description and Land Use Pattern for the Area The Annexation Area includes approximately 1.21419 acres of land and consists of Parcel 316 (approximately 1.17 acres) shown on Prince George’s County Tax Map 37, also known as 6700 Laurel Bowie Road, Bowie, Maryland 20715, which is located on the west side of MD 197, north of Millstream Drive and a narrow rectangular strip (approximately 14 feet wide by 274 feet long) of the MD 197 right-of-way (see Attachment #1).
Parcel 316 of the Annexation Area is zoned C-S-C (Commercial Shopping Center). Pursuant to Section 27-111 (a)(2) of the Prince George’s County Zoning Ordinance, the portion of the annexation within the Maryland Route 197 right of-way is actually zoned in the same classifications as the abutting land (which classifications extend to the centerline of the right-of-way). The long, linear part of the right-of-way included in this annexation abuts both the C-S-C zone (on Parcel 316) and the R-E (Residential Estate) zone, which is the zoning classification of Parcel 145, the land immediately south of Parcel 316. The area is within the Developing Tier identified in the Bowie and Vicinity Master Plan. The overall character associated with this portion of the planning area is Residential Low Density. The Master Plan’s Land Use Map shows a commercial land use area to the north of the Annexation Area, centered at the intersection of Maryland Route 197 and Old Chapel Road. Bowie Plaza Shopping Center is the largest retail use at 2 Bowie Veterinary Properties, LLC Annexation Plan
that location, with several other retail uses, two gas stations, a bank and two multi-story office buildings also being located within the neighborhood commercial district. Parcel 316, as well as the parcel immediately to the north, is identified on the Master Plan’s Land Use Map as “Institutional, Public and Quasi-Public” land use, reflecting the existence of the US Post Office located at 6710 Laurel Bowie Road, adjacent to the north. According to the Master Plan, these areas are intended for use by public agencies or municipalities, such as schools, libraries, post offices, police and fire stations, utilities or other uses serving a public purpose. It should be noted that the building located on Parcel 316 is the former US Post Office (Bowie Main Post Office). The existing veterinary office use is an adaptive re-use of the former post office building and, as such, is in accordance with the recommendations of the Master Plan. A veterinarian’s office is a permitted use in the C-S-C zone.
The veterinarian’s office parcel consists of 100% impervious surface. The topography is basically flat; the Annexation Area is situated on the upper elevations of the headwaters of Millstream Branch, which begins as a stream south and west of the Annexation Area and continues on the east side of Maryland Route 197, just south of Millstream Drive. Millstream Branch is a tributary to the Patuxent River. Mapping in PG Atlas shows that a portion of the Annexation Area is contained along an edge of a designation for “Potential Forest Interior Dwelling Specie”. The majority of this designation lies west and south of Parcel 316. There is no 100-year floodplain, Marlboro clays, area of sensitive species or steep slopes present. However, the County Green Infrastructure Plan shows the rear two-thirds of Parcel 316 lying within a Network Gap associated Green Infrastructure network that aligns with the above-mentioned watercourse.
This annexation is well within the growth limits identified in the City's Annexation Policy approved in R-12-06 and is therefore consistent with the general growth and development pattern of the City. The annexation is consistent with the land use recommendations and policies of the Bowie and Vicinity Master Plan.
II. Availability of Public Facilities and Services On the effective date of annexation, the Annexation Area shall be eligible to receive all applicable City services which include sewer service and police service.
A. Water and Sewer
The Annexation Area lies within Category 3 for water service and Category 5 for sewer service shown on the Prince George’s County Water and Sewer Plan Map, meaning public water and sewer service to the site exists or is planned in the future. The Washington Suburban Sanitary Commission (WSSC) currently serves the Annexation Area with public water. A 16-inch water main exists in Maryland Route 197 in front of the site, and a fire hydrant is located just to the north. The veterinarian office on Parcel 316 uses a private septic system, which the Prince George’s County Health Department indicates is failing. In October, the Health Department issued an abatement order to the property owner relating to their failing septic system (see Attachment #2). The order requires that the business connect to a public sewer system. Bowie Veterinary Properties, LLC is willing to pay all costs of installing a sewer system on their property and will bear all costs of connecting into the City’s system, which has available capacity. The connection will require tunneling under MD 197 in the vicinity of Millstream Drive, 3 Bowie Veterinary Properties, LLC Annexation Plan
and a City Water and Sewer Plan category change will have to be approved by City Council.
B. Electric Service
The Baltimore Gas and Electric Company (BGE) provides electric service to the Annexation Area.
C. Public Safety and Fire/Rescue Services
The Annexation Area is within the service area of the Prince George’s County Police Bowie/Upper Marlboro Substation District II, Sector E, and the City's Police Department. Upon the effective date of annexation, the City’s Police Department will provide primary police service to the Annexation Area.
Fire engine, basic life support/ambulance personnel and medic personnel will be dispatched from Bowie Station #43 on Annapolis Road and Bowie Station #19 on 9th Street (MD 564) in Old Town Bowie.
III. Extension of Municipal Facilities and Services to Annexation Area
The City will extend all applicable municipal services and facilities (as described above) to the Annexation Area depicted in Attachment #1 upon the effective date of annexation. At that time, the Charter and Code of the City shall have full force and effect within the Annexation Area.
IV. Cost to the City in Having to Provide Each Service
The City will not incur any significant increases in operational costs as a result of the annexation. The area to be annexed will not require the creation of a special tax district.
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Prince George's County
Division of Environmental Health October 6, 20 14
Mrs. Virginia Traynham Dogs and Cats Veterinary Hospital 6700 Laurel Bowie Road Bowie, Maryland 20715
Re: Case Number 34954-2014
Dear Mrs. Traynham:
This is to certify that the prope11y located at the above address is served by a malfunctioning sewage disposal system. Therefore your septic system is condemned, in accordance with the Annotated Code of Maryland, Environment Article, Section 9-257. The health hazard can only be abated by connecting your property to the sanitary sewer regardless of the approved sewerage service category. ln the interim, the health hazard must be abated by having the septic tank pumped by one of the licensed scavenger companies on the enclosed list. Additionally, please submit a copy of your scavenger's contract to this office within 15 days of the date of this letter. The scavenger's contract should specify that the septic tank be properly maintained and pumped at a frequency necessary to prevent an overflow. Staff from this office will periodically visit your property to verify that the health hazard has been properly abated.
This certification will expire on April 6, 2015, at which time you will have to re-apply to this office to update the status of the application for connection to the public system.
In order to expedite this process, present this letter to the Washington Suburban Sanitary Commission (WSSC), 14501 Sweitzer Lane, Laurel, Maryland, when applying for a sewer connection. Please contact the WSSC at (30 1) 206-4003 to file an application.
If you have any questions, please call Ms. Rita Johnson, Area Sanitarian, at (30 I) 883-7687, weekdays between 7:00 ~nd 9:30a.m. Sincerely, ' ~~-"'-::::::::> anfred Reichwein, Chief Environmental Protection/Policy Program MR:RJ:klm Enclosure EH/EEPI82 (6/05)
Environmental Engineering Program Largo Government Center 9201 Basil Court, Suite 318, Largo, MD 20774 Office 301-883-7681, Fax 301-883-7266, TTY/STS Dial 711 -:::::;~::::;:.w www.princegcorgescountymd.gov/health
MEMORANDUM
TO: City Council
FROM: David J. Deutsch, City Manager
SUBJECT: Resolution R-6-15 (Bowie Veterinary Properties, LLC) 6700 Laurel Bowie Road
DATE: December 31, 2014 ______
I. Background
Annexations typically involve a two-step process. First, an Annexation Agreement is approved by City Council resolution that details the terms under which the City and the residents/owners within the area being annexed consent to the annexation. Second, the Council must introduce a Resolution of Annexation. An Annexation Agreement was recently executed with Bowie Veterinary Properties, LLC and a petition for annexation was submitted to the City.
In October, the Prince George’s County Health Department issued an abatement order to the property owner relating to their failing septic system. The order requires that the business connect to a public sewer system. Bowie Veterinary Properties, LLC is willing to pay all costs of installing a sewer system on their property and will bear all costs of connecting into the City’s system, which has available capacity. The connection will require tunneling under Maryland Route 197 in the vicinity of Millstream Drive, annexation into the City and approval of a City Water and Sewer Plan category change by City Council.
Attached is the Resolution of Annexation (R-6-15). After the introduction of the Resolution of Annexation, a public hearing date is advertised in a local paper for four consecutive weeks. Subsequently, the Annexation Resolution is adopted by Council at a public hearing, to be held no sooner than 15 days after the public hearing advertising requirement has been met. Annexations become effective 45 days after adoption. Based on these legal requirements and scheduling, a public hearing for the adoption of R-6-15 is scheduled for March 2, 2015. Forty-five days from the Annexation Resolution adoption date is April 16, 2015.
Resolution R-6-15 will enlarge the City boundaries by annexing 1.21419 acres of land that includes the property that is subject to the agreement (approximately 1.17 acres on Parcel 316 of Tax Map 37), which is occupied by a veterinarian’s office, and a narrow rectangular strip (approximately 14 feet wide by 274 feet long) of the Maryland Route 197 right-of-way which is not currently within the City limits. The City Attorney has reviewed and approved R-6-15.
II. Recommendation
Staff recommends that Council APPROVE Resolution R-6-15 for the purpose of annexing Parcel 316 on Tax Map 37 and a portion of the Maryland Route 197 right-of-way into the corporate limits of the City. R-6-15
RESOLUTION OF THE COUNCIL OF THE CITY OF BOWIE, MARYLAND ENLARGING THE CORPORATE BOUNDARIES OF THE CITY OF BOWIE, BY ANNEXING INTO THE CITY LANDS CONTIGUOUS TO AND ADJOINING THE CITY’S EXISTING CORPORATE BOUNDARY, PROPERTY KNOWN AS PARCEL 316 ON PRINCE GEORGE’S COUNTY TAX MAP 37, ALSO KNOWN AS 6700 LAUREL BOWIE ROAD, AND A PORTION OF THE MARYLAND ROUTE 197 RIGHT-OF-WAY, APPROXIMATELY 14 FEET WIDE BY 274 FEET LONG, LOCATED ON THE WEST SIDE OF MARYLAND ROUTE 197, NORTH OF MILLSTREAM DRIVE
WHEREAS, the Council of the City of Bowie, Maryland (“the Bowie City
Council”), a municipal corporation of the State of Maryland, has determined to enlarge
and extend the limits of the City of Bowie (“City”), in accordance with the procedures set forth in Md. Code Ann., Local Gov’t Article, Title 4, Subtitle 4, § 4-401 et seq., by
including therein property situated within Prince George’s County as more particularly
shown on the Special Plat of Annexation attached hereto as Exhibit A, which land is
contiguous to and adjoining the existing boundaries of the City of Bowie; and
WHEREAS, the land to be annexed includes Parcel 316 on Prince George’s
County Tax Map 37, also known as 6700 Laurel Bowie Road, Bowie, Maryland 20715,
which is located on the west side of MD 197, north of Millstream Drive, and a narrow
rectangular strip (approximately 14 feet wide by 274 feet long) of the MD 197 right-of-
way that is not currently within the City limits, both parcels together comprising an
Annexation Area of approximately 1.21419 acres of land; and
WHEREAS, the Prince George’s County Health Department issued an abatement
order to the owner of Parcel 316 relating to its failing septic system and required that the 2 R-6-15 property connect to a public sewer system and, furthermore, Bowie Veterinary Properties,
LLC has agreed to pay all costs of installing a sewer system on their property and will bear all costs of connecting into the City’s system, which has available capacity; and
WHEREAS, the City Council deems it to be in the best interests of the City and its occupants to annex Parcel 316 and the referenced portion of the Maryland Route 197 right-of-way; and
WHEREAS, the terms and conditions of annexation are derived in part from a certain Annexation Agreement (Exhibit B), authorized by the Bowie City Council in
Resolution R-4-15, which is intended to be recorded in the land records of Prince
George’s County, Maryland; and
WHEREAS, the annexation of Parcel 316 and the referenced portion of the
Maryland Route 197 right-of-way will not create any unincorporated areas surrounded entirely by properties located within the City’s boundaries; and
WHEREAS, the City has obtained consents to annexation from the owners of at least 25% of the assessed value of the real property in the area to be annexed and there are no persons residing within the area to be annexed; and
WHEREAS, based on the aforesaid consents, the Bowie City Council has determined to initiate a Resolution to enlarge and extend the limits of the City of Bowie to include the area described more fully in Exhibit C, and to make applicable to that area all laws which are now in force and effect or which may be hereafter enacted in the City of Bowie.
NOW, THEREFORE BE IT RESOLVED by the Bowie City Council in legislative session assembled: 3 R-6-15
Section 1. That there is hereby annexed into the corporate boundaries of the City of Bowie, a municipal corporation of the State of Maryland, all of that land contiguous to and adjoining the current boundaries of the City of Bowie in Prince George’s County,
Maryland, consisting of 1.21419 acres of land as shown on Exhibit A, and known generally as 6700 Laurel Bowie Road, and a portion of the Maryland Route 197 right-of- way.
Section 2. That the annexation of the land described in Exhibit C will not create any unincorporated area which is bounded on all sides by real property presently within the corporate limits of the City of Bowie, real property proposed to be within the corporate limits of the City of Bowie, or any combination of such properties.
Section 3. That from and after the effective date of this Resolution, all provisions of the Constitution of Maryland, all laws of the State of Maryland applicable to the City of Bowie, and all duly adopted Charter and Ordinance provisions of the City of Bowie shall be and are hereby extended and made applicable to such portion of Prince George’s
County as is, under the provisions of the Resolution, annexed to and made a part of the
City of Bowie, Maryland. Nothing herein or elsewhere in the Resolution shall affect the power of the Bowie City Council to amend or to repeal any Charter provision or
Ordinance existing at the date of passage of this Resolution, or to enact and ordain any
Ordinance which, at the date of passage of this Resolution, or hereafter, it may be authorized to enact or ordain;
Section 4. The City Manager of the City of Bowie shall cause a public notice to be published not fewer than four (4) times at not less than weekly intervals in a newspaper having general circulation in the City of Bowie and in the area to be annexed 4 R-6-15
which briefly and accurately describes the proposed change and the conditions and
circumstances applicable thereto. The public notice shall further specify that a public
hearing will be held on this Resolution by the Bowie City Council at 8:00 p.m. in the
Bowie City Hall, 15901 Excalibur Road, Bowie, Maryland 20716, on the Second day of
March, 2015;
Section 5. This Resolution shall become effective forty-five (45) days from the
date of enactment by the Bowie City Council, unless within forty-five (45) days of the date of enactment the Bowie City Council receives a Petition for Referendum filed in accordance with the provisions of Md. Code Ann., Local Gov’t Article, §§ 4-408 through
4-410.
AND BE IT FURTHER RESOLVED, by the Bowie City Council that the City
Manager, immediately upon the first publication of the public notice, shall transmit a
copy of the public notice to the County Executive, County Council, the Executive
Director of the Maryland-National Capital Park and Planning Commission and the
Director, Office of Planning of the State of Maryland, each of which shall have the first
right to be heard at the scheduled public hearing prior to opening the hearing to the
general public.
AND BE IT FURTHER RESOLVED, by the Bowie City Council that the City
Manager shall, on or after the effective date of the Resolution, promptly register both the
original and new corporate boundaries of the City of Bowie with the City Clerk, the Clerk
of the Circuit Court for Prince George’s County, the Department of Legislative Reference
for the State of Maryland, and the Maryland-National Capital Park and Planning
Commission. 5 R-6-15
INTRODUCED by the Bowie City Council at a regular meeting on January 5,
2015.
ENACTED by the Bowie City Council at a regular meeting on ______,
2015.
WITNESS: THE CITY OF BOWIE, MARYLAND
______Awilda Hernandez G. Frederick Robinson City Clerk Mayor
Approved as to Form and Legal Sufficiency:
______Elissa D. Levan, City Attorney I 1\§ I I NOTE ~ I ;ul' 9-l _v-_:::1 ~ 1\cJ t.X RAPOLAIIONS OR Nlt.RPK::.Iii.IIUN':O \ ~ p 0' ul Lot 6 ii.~E TO BC: f./lADE F~CJM THE ELECTRONIC \ lD 0' \' Ill[ lOR I~JIORMATION WIIICII DOCS I•ICT \ -+-"" c ·.7 I CLD CHA?i:::L ~ 1 ~ OJ ~· fi::OPE/IR ON T -1E PRifHED SURVEY. _.JoJ ['CI I I ~,·1 "-~ 11~\JcSH,\GII LIM II CD p,GP:iii[?Sr11P I )1, /:;\ SITE \....--....--;(,Vi''v- /' I ~~ X' Q\- / ' ""'''~ 1 -~~r-1 C?~ \ *I //----~o;,J\ '-' c;cPCID'- Pl.~.crc_ IN'>P '•7' I? ~p.Ct '- ~, ~ 2 \ ::11~ r1' ~/ \s\~ ~------MISS UTILITY NOTE ~,~", ", ------\ \J\\-~ '\G.\ \ 0 ~-~ ~~. I ::::mHl1CT MISS L.TUTY 1\T . -.".CJ0-257-7777, ':-'· \\ ~.s1=:F: L~~~ ~~ ssstc. r c,gb ,~__ I 45 HOURS IN AJ\111\ICE OF A.\IY EXCAVATION, \.-;· I \ '=/1 I ~CJRING OR C:OI•J:C:TRUCT ON. 1- IS THF I AW. X \ -~ ).....1> ~ C}'l ...,_) \.. \ c:., ?.1 l ol. S J\ "~.\ 1'-1 1\PoJ~ _ ....------\ t I \~ l r - 4~0....----') I ':'. \ "S0 Fll=------~ I ·T I ;,------> -~~ e NOTE 0 I ~ ~~- - ' ------\------\ _L~~~ 1 en \ ~ SlJRVFY lvl;\nF ;\T GRC!liNIJ I FVFI N\1 IJ ;\RO\!F. 1---- 1- ~ ':Al \ ~ VICINITY MAP ,-- ··-c;\L ccL'\?\1\CE \ \ SC/11 F: 'I" = ),111111' \''-::;'1 \ ~·L- ' (~J I =!\= 'TJ I ·~. I v - ull\lrc!J s'f?ICS 0-J c ()\ P r\r.cD ·1 4<\. ~\ \ :2: I l_ot 4 s: 0 "7 ~I V.i. NI;'.P 37, ...> ~ y s: ~ 0 -I )1 '))': ~. t~D 3 c• \ co s;; ' ::_:;, _p~ l \3 I 40, 0 co :.( "' ...\-~ ~~~ D~ - 0 \ ~~ I ~ ~------;;::, z c () OJ c~ 0 ' ~~~ :X. AREA TO BE ANNEXED rn C:J I "'? ;r, OJ 0 I I 4 0 ~ ~ 111 I I \ / --, 0 IS () BOW E 1/ETERir~ARY PROPERTIES. LLC I -z J> z_ CJ 0 J> ""' \ (J1 7Z ~ 7' 49,087 SQ FT, OR .. 12688 A,CRES £- I \ (U z 0 ·-...1 0 ) ) r- o• I Let 3 3RD OR N 89'04'50" E, 340.00' LINE, L. 16608, F. 415 \ ~ ~ lvlf\J~YLANJ ST/IT[ ROA.OS COW,IISSIO\', AND \ p I -,c CD :en ~ ,),RO,) C:Q FT, OR 0 OR7,)1 CJF ;\N /11::RF I1 ·~.·Cl I 2ND OR S 86'59'41" W, 327.00' LINE, L. 13148, F. 603 I ~ r'1 ~~ 111
\ __[> 1 ~~____..- - .-- -- -~~ Y. - - J J> I .::.-- -:;a ~~ TOTAL EXISTING CITY OF BOWIE, MARYLAND ~ Is; 0 , 52,8Cl0 SQ FT, OR •. 2141 'J A.CRES I CORPORATE BOUNDARY. RESOLUTION R-76-96 -~~~I ~~- - N 86.57'04" E 341.03' -~ w ~ r--- - ·t ~ 'i %' N 86'57'04" c 327.32' ' I \ .- lD:r~ '/ " a 7 " " I a ,.- ;1\ 2 a Z "' 3J 1' - _/ "' '""~, ";,0 ;II SURVEYOR'S CERTIFICATION ------Co Zen0 'i)'6o g ' a I tn - ' ~~ :"z. roj, J, ~ c0. l'?r- I HEREBY CERTIFY THAT THE PLAT SHOWN HEREON IS CORRECT, TO THE BEST OF MY ·,- v> C a c, i', \:l , BOWIE VEifRINARY PROPERTIES, ll C 0:_ I {, UJ INFORMATION, KNOWLEDGE, AND BELIEF. ,-:(iii'l'r}iig, I 1-- DECEMBER 01, 2014. $'"~··::r.-r;::·~•·· e; 0"' "l TAX MAP 37, PARCEL 316 "- I l :;y - 'o'".',\ ·-' g• ~-!01 -!> \1 ~u' u•. ~0 Qz ::,., ... :;: ,. ->''J .:· _.~·-~ ~\."l V' U' ~ 01 -l ~CD CD £ L. 16608 F. 415 ~1 ' • 1 c Vi/b. I _.N 0 . 0 .!!:. ' c ' I -\- ,4:.-~c ~,._..-·~'~·. .. f~~~j' ~ x-.~'-ID
' EXHIBIT A
ANNEXATION AGREEMENT
THIS AGREEMENT is made this __ day of _____, 2014, by and between the City of Bowie, a municipal corporation of the State of Maryland ("'City"), and Bowie Veterinary Properties, LLC, a Maryland limited liability company with its principal place of business located at 6700 Laurel Bowie Road, Bowie, Maryland, 20715 (hereinafter the "Owner").
RECITALS WHEREAS, Bowie Veterinary Properties, LLC is the owner of record of certain real property located in Prince George's County, Maryland, commonly known as Parcel 316 on Tax Map 37, and more particularly described in Exhibit A attached hereto and made a part hereof as if set forth in full in the body of this Agreement and hereinafter referred to as the "'Subject Property"; and,
WHEREAS, the Subject Property is served by the public water operated by the Washington Suburban Sanitary Commission (WSSC) and a private septic system; and,
WHEREAS, the Prince George's County Health Department has certified, by its letter of October 6, 2014, that the Subject Property is now served by a malfunctioning septic system that the County has condemned, and the Chief of the County Health Department's Environmental Protection/Policy Program has ordered abatement of the corresponding health hazard by requiring that the property connect to the adjacent sanitary sewer system operated by the City; and
WHEREAS, Owner and the City desire to have the Subject Property incorporated into the corporate boundaries of the City of Bowie so it can be served by the City's sanitary sewer system; and,
WHEREAS, pursuant to the authority contained in Md. Code Ann., Local Govt Art.,§ 4-401 through 4-416, the Owner and the City have agreed that the following 2 agreements, conditions and circumstances will apply to the annexation proceedings and to the Annexation Area.
WITNESSETH: 1. WARRANTIES AND REPRESENTATIONS OF CITY A. The City will provide sewer service capacity at its wastewater treatment plant to serve and support the owner's continuation of a dog and cat animal veterinary hospital on the property.
2. WARRANTIES AND REPRESENTATIONS OF OWNER A. Site Sewage Utilities: The Owner shall design and construct on-site sewage utilities as privately owned utilities and obtain construction permits as required through WSSC.
B. Connection To City of Bowie Sewer Mains: The Owner shall apply to the City of Bowie Department of Public Works for permission to connect private site and building sewers to City sewer mains. The application shall include all site utility design documents and required documents to record any new maintenance easements. All costs for engineering review of plans, evaluation of City's sewer mains for capacity, construction inspections, and connection fees shall be chargeable to the Owner. Once City sewer service is provided to the property, the Owner shall not relocate sewers, make new connections, nor terminate existing sewer connections without letter approval from the City of Bowie.
C. This Agreement constitutes the Owner's formal written consent to annexation as required by Md. Code Ann., Local Govt Art., § 4-403 . The Owner acknowledges that it will receive a benefit from annexation and agrees, as a bargained-for condition and circumstance applicable to annexation, that it waives and completely relinquishes any right to 3
withdraw its consent to annexation from the date of execution of this Agreement by all parties. Owner further agrees that it will not petition the Annexation Resolution to referendum and that, in the event of a referendum in which it is permitted to vote, that it shall vote in favor of the Annexation Resolution.
D. Owner warrants and represents that it is in fact the sole fee simple owner of the real property encompassed in the Annexation Area described in Exhibit A, and that there is no action pending against it or involving it that would in any way affect its right and authority to execute this Agreement.
E. The Owner warrants and represents that it has the full power and authority to sign this agreement and is, in fact, the sole owner of not less than Twenty-Five Percent (25%) of the assessed valuation of the real property within the Annexation Area and further represents that there are no persons residing in the Annexation Area.
F. The Owner warrants and represents that there are no persons or entities having an interest in the Annexation Area or holding a lien or other debt instrument with respect to the Annexation Area.
3. APPLICATION OF CITY OF BOWIE CODE AND CHARTER From and after the effective date of the Annexation Resolution, all provisions of the Charter and Code of the City shall have full force and effect within the Subject Property except as otherwise specifically provided herein.
4. MUNICIPAL SERVICES From and after the effective date of the Annexation Resolution, the City will provide all applicable municipal services to the Subject Property. 4
5. DEVELOPMENT CONSIDERATIONS A. The property shall be permitted to utilize the City's sewer system provided that Owner meets all of the applicable provisions of the City Code regarding same.
B. The Owner agrees that no changes to the architectural plans for the existing building within the Annexation Area will be submitted to Prince George's County without first submitting the architectural plans to the City for its review and comment, however, the parties agree that the City's approval is not required and that its comments are not binding. The architectural plans will be submitted to the City at least 30 days prior to submission to Prince George's County.
6. CONTINGENCY This Agreement is contingent on the performance of all of the material obligations of the parties to this Agreement and will be null and void if such obligations are not performed; provided that any party has notified the others of any failure to perform, and provided the defaulting party has not cured the default within thirty (30) days of such notification.
7. MISCELLANEOUS A. The use of the singular verb, noun and pronoun forms in this Agreement shall also include the plural forms where such usage is appropriate. The use of the pronoun "it" shall also include, where appropriate "he" or "she" and the possessive pronoun "its" shall also include, where appropriate "his," hers" and "theirs".
B. From time to time after the date of this Agreement, the parties, without charge to each other, will perform such other acts, and will execute, .. 5
acknowledge and will furnish to the other such instruments, documents, materials and information which either party reasonably may request, in order to effect the consummation of the transactions provided for in this Agreement.
C. This Agreement, which includes all exhibits, schedules and addenda hereto, each of which is incorporated in this Agreement by this reference, shall be recorded by the City of Bowie among the Land Records of Prince George's County, Maryland, and shall be binding upon and inure to the benefit of the parties, their heirs, successors and assigns, and embodies and constitutes the entire understandings between the parties with respect to the subject matter hereof, and all prior agreements, understandings, representations, and statements, whether oral or written, are merged in this Annexation Agreement. Neither this Agreement nor any provision hereof may be waived, modified or amended unless such modification is in writing and is signed by the party against whom the enforcement of such waiver, modification or amendment is sought, and then only to the extent set forth in such instrument.
D. The parties hereto acknowledge that, in entering into this Agreement, no party has been induced by, nor has relied upon, not included as part of the basis of the bargain herein, any representation or statement, whether express or implied, made by any agent, representative or employee, which representation or statement is not expressly set forth in this Agreement.
E. This Agreement shall be construed according to its plain meaning without giving regard to any inference or implication arising from the fact that it may have been drafted in whole or in part by or for any one of the parties hereto. .. 6
F. This Agreement, its benefits and burdens, shall not be assignable, in whole or in part, by Owner without the consent of the City or of its elected officials, employees or agents, to any purchasers or contract purchasers of the Subject Property or any part thereof. However, Owner will not transfer or pledge as security for any debt or obligation, any interest in all or part of the Subject Property, without first obtaining the written consent and acknowledgment of the transferee or pledgee to the Annexation Agreement and to the complete observance hereof. Owner shall provide the City copies of all documents of transfer or assignment of this Agreement, including exhibits when the documents are fully executed, regardless of recordation.
G. The captions in this Agreement are inserted for convenience only, and in no way define, describe or limit the scope of intent of this Agreement or any of the provisions hereof.
H. This Annexation Agreement shall be interpreted in accordance with the laws of the State of Maryland and any suit to enforce the terms hereof or for damages for breach hereof shall be brought exclusively in the courts of the State of Maryland for Prince George's County and the parties expressly consent to the jurisdiction thereof and waive any right they might otherwise have to bring, transfer or remove such suit in to any other form. If any term or provision of this Agreement is declared illegal or invalid for any reason by a court of competent jurisdiction, the remaining terms and provisions of this Agreement shall, nevertheless, remain in full force and effect.
I. All notices and other communications under this Agreement shall be in writing and shall be sent either by first class mail, postage prepaid, or by personal delivery, addressed to the parties as provided below. Notice shall 7
be deemed given on the date delivered or attempted to be delivered during normal working hours on business days.
IF TO THE CITY: David J. Deutsch, City Manager The City of Bowie Bowie City Hall 15901 Excalibur Road Bowie, Maryland 20716
With a copy to: Elissa D. Levan, Esquire Funk & Bolton, P.A. 36 S. Charles Street, 12th Floor Baltimore, Maryland 21201
IF TO THE OWNER:
Bowie Veterinary Properties, LLC 8706 Ross Street Bowie, Maryland 20720-4441
With a copy to: Ms. Virginia Traynham 6700 Laurel Bowie Road Bowie, Maryland 20715
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first written above.
WITNESS: THE CITY OF BOWIE
David J. Deutsch
WITNESS/ATTEST: OWNER: /' fld·~ By: __f.:;2---...... ?b ___.. - Bowie Veterinary Properties, LLC 8
STATE OF MARYLAND COUNTY OF PRINCE GEORGE'S, to wit:
I HEREBY CERTIFY, that on this day of ______2014, before me, a Notary Public in and for the State aforesaid, personally appeared David J. Deutsch who has been satisfactorily proven to be the person whose name is subscribed to the within instrument, who acknowledged himself to be the City Manager of the City of Bowie, a municipal corporation of the State of Maryland, and that said City manager, being duly authorized so to do, executed the foregoing instrument for the purposes therein contained, by signing the name of the municipal corporation as such City Manager.
WITNESS my hand an notarial seal.
______(SEAL) Notary Public
My Commission Expires: ______
STATE OF MARYLAND, COUNTY OF PRINCE GEORGE'S, to wit:
I HEREBY CERTIFY, that on this __!!!! day of ~Cfr'Y\ b.e.r , 2014, before me, a Notary Public in and for the State aforesaid, personally appeared Luis Braz-Ruivo, party to the within Annexation Agreement and acknowledged that he executed the same for the purposes therein contained .
...... NCmWMUC PRINCEGIOia'ICCUnY t.WiftNI) My Commissian &phs 0112WD11 9
I HEREBY CERTIFY that the foregoing instrument was prepared by or under the supervision of an attorney duly admitted to practice before the Court of Appeals of Maryland.
Elissa D. Levan, City Attorney EXHIBITC
Precision Surveying and Consulting Services, Inc. 3033 NUTWOOD LANE, SUITE 102 BOWIE, MARYLAND 20716 CELL PHONE: 301-641-7676 E-MAIL: [email protected]
LEGAL DESCRIPTION LAND TO BE ANNEXED INTO THE CITY OF BOWIE, MARYLAND (1.21419 ACRES) LAND OF BOWIE VETERINARY PROPERTIES, LLC (LIBER 16608, FOLIO 415, TAX MAP 37, PARCEL 316) (1.12688 ACRES) AND PART OF LAUREL-BOWIE ROAD, MARYLAND ROUTE 197 (0.08731 OF AN ACRE) BOWIE DISTRICT NO. 14 PRINCE GEORGE'S COUNTY, MARYLAND
.....being all ofthe land conveyed to Bowie Veterinary Properties, LLC, by F & K Post Office L.L.C., by Special Warranty Deed, dated December 20, 2002, and recorded among the Land Records of Prince George's County, Maryland, in Liber 16608 at Folio 415, said property also being part of Lot 13, as shown on an unrecorded Plat of Subdivision entitled "LANCASTER ESTATES", as shown in a deed recorded among said Land Records in Liber 1861 at Folio 312, and part of the land lying within the Right-of-Way of Laurel Bowie Road, Maryland Route 197, as shown on Maryland State Roads Commission Right of-Way Plat Number 44976, and being more particularly described, in the datum as shown on said Right-of-Way Plat, as follows:
Beginning for the same at a point at a Southeasterly Comer of the land previously Incorporated into the City of Bowie, Maryland, per Resolution R-76-96, said Point of Beginning lying at the intersection of the Corporate Line of the City of Bowie, Maryland, and the Easterly Extension of the Second (2nd) or South 86° 59' 41" West, 327.00' line ofthe land ofthe United States Postal Service, as described in a Deed dated June 11, 1999, and Recorded among said Land Records in Liber 13148, at Folio 603, said Point of Beginning also lying within the Right of Way of Laurel-Bowie Road, as shown on Maryland State Roads Commission Right-of-Way Plat Number 44976; thence thru said Right-of-Way and with the Corporate Line of the City of Bowie, Maryland,
1. South 09° 56' 54" East, 274.27 feet to a point; thence leaving said Corporate Line of the City of Bowie, Maryland, and continuing to cross said Right of Way of Laurel-Bowie Road
PAGE 1 OF 2 LEGAL DESCRIPTION LAND TO BE ANNEXED INTO THE CITY OF BOWIE, MARYLAND (1.21419 ACRES)
2. South 80° 08' 34" West, 14.04 feet to a point on the Westerly Right-of -Way Line of Laurel-Bowie Road; thence with the Westerly Right-of -Way Line of Laurel-Bowie Road
3. North 09° 51' 26" West, 124.83 feet to a point lying at the intersection of the Westerly Right-of -Way Line ofLaurel-Bowie Road and the Easterly Extension of the First (1st) or South 89° 04' 50" West, 340.00 feet line ofthe land conveyed to Bowie Veterinary Properties, LLC, as described in a Deed dated December 20, 2002, and Recorded among said Land Records in Liber 16608, at Folio 415; thence with said First (1st) or South 89° 04' 50" West, 340.00 feet line and Extension thereof
4. South 86° 57' 04" West, 327.15 feet to the Westerly end of said First (1st) or South 89° 04' 50" West, 340.00 feet line, said point also lying at a Southeasterly Comer of the land previously Incorporated into the City of Bowie, Maryland, per Resolution R-76-96; thence with the Second (2nd) or North 07° 47' 40" West, 151.09 feet line described in Liber 16608, at Folio 415, and reversely with the Third (3rd) or South 09° 52' 49" East, 151.09 feet line described in Liber 13148, at Folio 603, and with a Corporate Line ofthe City of Bowie, Maryland, per Resolution R-76-96,
5. North 09° 55' 26" West, 151.09 feet, to a point; thence with the Third (3rd) or North 89° 04' 50" (erroneously typed as 60") East, 340.00 feet line described in Liber 16608, at Folio 415, and the Easterly Extension thereof, and reversed with said Second (2nd) or South 86° 59' 41" West, 327.00 feet line described in Liber 13148, at Folio 603, and the Easterly Extension thereof, and continuing with a Corporate Line of the City of Bowie, Maryland, per Resolution R-76-96,
6. North 86° 57' 04" East, 341.03 feet, to the Point of Beginning, crossing the Westerly Right-of -Way Line of Laurel-Bowie Road at 327.32 feet from the beginning hereof, containing a calculated area of 52,890 square feet or 1.21419 acres of land.
SUBJECT TO any Easements, Rights-of-Way, Covenants, or the like, of Record .
...... ~ ~ /'<.Of Al.t.9"• ~ ' #"-£~ •••••••••• ~~~- ~ J • ~ .• LEE' •. "'F.: \ e &~ ••f'>:·w··.'M v o. ill ~ ~ • MACHEN f " f f · ~ \ .. }mGISTERED PROFESSIONAL LAND SURVEYOR 'i~~ . . . . : O::: MARYLAND NUMBER 9011 \~\• ~~~'" o••• ~/MYREGISTRATIONEXPIRES: OCTOBER2,2015 *o~: iS'& •!o,iiT~:P."'• ~~ ~ #,. va ..•••.. -· <;\S .... ~...... ,,i''V,qL LA~O ...... • PAGE 2 OF 2 ,.,., ...~- ...Nvvl!MtlER 24, 2014 -- PROJ. NO. P-88103 -- W. 0. NO. 6971 OUR REF.: BOWIE VET, ANNEX, 2014-11-24, DESC- 6971
MEMORANDUM
TO: City Council
FROM: David J. Deutsch, City Manager
SUBJECT: HEAL Cities & Towns Campaign – Resolution R-7-15
DATE: December 31, 2014
At the August 2, 2014 Council meeting, Ms. Marisa Jones with the Institute for Public Health Innovation, briefed Council on the Healthy Eating Active Living (HEAL) Cities & Towns Campaign. The campaign focuses on how cities and towns can help their community live healthier lives by creating local policies to provide residents an opportunity to access affordable nutritious foods and safe crosswalks, paths to encourage activity. Council directed staff to work with the organization on the preparation of a resolution for Council’s approval.
RECOMMENDATION: Staff recommends Council approve the attached Resolution R-7-15.
Attachments
DJD/SH R-7-15
RESOLUTION OF THE COUNCIL OF THE CITY OF BOWIE, MARYLAND SETTING FORTH CITY OF BOWIE’S COMMITMENT TO OBESITY PREVENTION
WHEREAS, in January 2013, the Maryland Municipal League entered into a memorandum of understanding with the Institute for Public Health Innovation to work collaboratively on the HEAL Cities & Towns Campaign; and WHEREAS, the City of Bowie has the ability to affect the health of its residents; and WHEREAS, planning and constructing a built environment that encourages walking, biking, and other forms of physical activity can promote health; and WHEREAS, statistical data indicates that more than half of Maryland’s adults are overweight or obese and therefore at risk for many chronic conditions including diabetes, heart disease, cancer, arthritis, stroke, and hypertension; and WHEREAS, statistical data indicates one in three youth in Maryland is overweight or obese; and WHEREAS, more children are being diagnosed with diseases linked to overweight and obesity previously seen only in adults, such as Type 2 diabetes and heart disease; and WHEREAS, obesity takes a tremendous toll on the health and productivity of all Marylanders; and WHEREAS, the annual cost to Maryland – in medical bills, workers compensation and lost productivity-for overweight, obesity, and physical inactivity exceeds $3 billion; and WHEREAS, supporting the health of the City’s workforce would decrease chronic disease and City health care costs and increase productivity; and WHEREAS, education and information about wellness, nutrition and chronic illnesses can help encourage the selection of healthier lifestyle choices. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Bowie, Maryland, hereby recognizes that obesity, poor eating habits and lack of exposure to information about wellness and healthy living is a serious public health threat to the health and wellbeing of adults, children and families. For these reasons the City of Bowie joins the HEAL campaign, and is committed to: • Continuing to provide seminars and other activities to assist City staff in developing habits for healthier living • Developing a standard to ensure that healthy eating options are available in all City vending machines
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• Allow/encourage walking meetings when possible and appropriate • Adopting nutrition standards for food offered at City sponsored events, meetings or other activities where food is available • Seize opportunities to design roads that support multiple modes of transportation BE IT FURTHER RESOLVED, City staff should report back to the Bowie City Council annually regarding steps taken to implement the Resolution, additional steps planned, and any desired actions that would need to be taken by the Council. AND BE IT FURTHER RESOLVED, that City of Bowie staff shall work with HEAL Cities & Towns Campaign staff to explore HEAL policies and to identify those policies that are suitable for the City’s unique local circumstances. INTRODUCED AND PASSED by the Council of the City of Bowie, Maryland at a meeting on January 5th, 2015.
ATTEST: THE CITY OF BOWIE, MARYLAND
______Awilda Hernandez G. Frederick Robinson City Clerk Mayor
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MEMORANDUM
To: City Council
From: David J. Deutsch City Manager
Subject: Piggyback on Montgomery County Contract with Solar City to Enter into a Power Purchase Agreement to Install a Solar Array on the City Owned Entzian Property R-8-15
Date: December 23, 2014
On June 16, 2014, City Council approved Resolution R-41-14 entering into a Maryland Smart Energy Grant Agreement between the Maryland Energy Administration (MEA) and the City of Bowie. As part of the approval of this grant, the City Council adopted R-45-14 agreeing to the following objective:
• Renewable Energy: Reduce conventional centralized electricity generation serving local government-owned buildings by meeting 20% of those buildings’ electricity demand with distributed, renewable energy generation by 2022.
In order to meet this objective, staff proposes that the City piggyback on a Montgomery County, Maryland contract that would allow us to enter into a Power Purchase Agreement (PPA) with Solar City to construct an approximate nine acre, ground mounted, 2.435 MW solar array on the City owned Entzian property. It is proposed that this solar array be located towards the back of the property (see attached). This installation will be enclosed by a six foot chain link fence. A dirt and gravel access road will be installed by Solar City.
Bowie’s primary responsibilities will be to host the array and pay for the electricity it generates. Solar City is responsible for project development, design/engineering, permitting, utility interconnection, project financing, construction and long term ownership and maintenance. The real estate provisions in the Montgomery County contract are currently configured as a site license rather than a lease. The term of the site license would be for twenty years.
Solar City has informed the City that we will be able to piggyback on the Montgomery County Contract. The Montgomery County contract was executed on December 19, 2014.
There will be no cost to the City to construct this solar array, and the City stands to benefit by creating 3,069,000 kWh in renewable energy each year of the contract. This will greatly exceed the 20% objective contained in the MEA agreement. This will also allow us to achieve this objective by the end of 2015, which is seven years sooner than the 2022 deadline.
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Not only is this good for the environment, but this will also save the City approximately $104,000 per year in reduced electricity costs. This savings will be achieved by taking the current blended cost the City is paying for electricity of 7.89 cents per kWh, subtracting the proposed amount of 4.5 cents per kWh that the City will be paying with the Solar City contract and multiplying the difference of 3.39 cents per kWh by 3,069,000 kWh. Since the Solar City contract will be for 20 years, the City would expect to save approximately $2,080,000 over the 20 year life of this project. Also, the Solar City contract will be for a level amount of 4.5 cents per kWh over the 20 year life of the contract. If the cost of electricity rises over this 20 year period, the City would achieve additional savings.
Should Council approve this action the next steps would be as follows:
• The City will be required to go through a new process with the Maryland National Capital Park and Planning Commission (M-NCPPC) called mandatory review. We would initiate this process in January after City Council approves entering into a contract with Solar City. Part of the mandatory review process is to meet with the residents surrounding the Entzian farm to make them aware of what is being proposed and to get their input regarding this project.
• The City will also be required to obtain a Certificate of Public Convenience and Necessity (CPCN) from the Public Service Commission (PSC).
• Finally, the City will be required to get a utility permit from BGE and a building permit from Prince George’s County to construct this project.
Solar City will be the lead in working with City staff to go through these processes and to obtain these approvals. We anticipate obtaining most of the approvals by midsummer with construction hopefully occurring in the fall of 2015. Therefore, it is anticipated that this project will be completed in calendar year 2015.
Staff Recommendation This project has three main benefits. The City will generate 3,069,000 kWh of renewable energy from the construction of this solar array. This benefits the environment and reduces the City’s carbon footprint. This represents about 30% of the electricity the City uses each year. Second, the project will be at no cost to the City, other than providing the nine acres for Solar City to install their solar array. Finally, the project will save the City approximately $2,080,000 over the 20 year life of the project in reduced electricity costs.
For these reasons, staff recommends City Council approval of Resolution R-8-15 to piggyback on the Montgomery County contract with Solar City to enter into a Power Purchase Agreement to install a nine acre, ground mounted, 2.434 MW solar array on the City owned Entzian property.
DJD/JLF/adf
Attachments R-8-15
RESOLUTION OF THE COUNCIL OF THE CITY OF BOWIE, MARYLAND TO PIGGYBACK ON A MONTGOMERY COUNTY CONTRACT WITH SOLAR CITY TO ENTER INTO A POWER PURCHASE AGREEMENT TO INSTALL A NINE ACRE GROUND MOUNTED 2.434 MW SOLAR ARRAY ON THE CITY OWNED ENTZIAN PROPERTY
WHEREAS, on June 16, 2014, the City Council approved Resolution R-41-14 entering into a Maryland Smart Energy Grant Agreement between the Maryland Energy Administration (MEA) and the City of Bowie (City); and
WHEREAS, as part of the conditions of this grant City Council approved Resolution R-45-14 agreeing to reduce conventional centralized electricity generation serving local government-owned buildings by meeting 20% of those buildings’ electricity demand with distributed, renewable energy generation by 2022; and
WHEREAS, Montgomery County, Maryland has entered into a contract with Solar City establishing a Power Purchase Agreement (PPA) to install solar arrays on various properties owned by Montgomery County; and
WHEREAS, the City wishes to piggyback on the Montgomery County contract with Solar City to establish a PPA with Solar City under the same terms and conditions as offered in the Montgomery County contract; and
WHEREAS, the solar array to be constructed would be able to generate 3,069,000 kWh in renewable energy each year, which greatly exceeds the 20% commitment to MEA; and
WHEREAS, there would be no costs to the City for the construction of this solar array other than committing to provide nine acres of property on the City owned Entzian site for a 20 year period; and
WHEREAS, the City anticipates saving $2,080,000 in electricity costs over the 20 year period of this contract at the 4.5 cents per kWh price offered by Solar City; and
WHEREAS, this project benefits the environment and reduces the carbon footprint of the City by a considerable amount.
NOW, THEREFORE, BE IT RESOLVED by the Bowie City Council that the City Manager is authorized to enter into a contract with Solar City with the same terms and conditions as the Montgomery County, Maryland/Solar City Contract which will allow the City to enter into a PPA with Solar City to construct a nine acre, ground mounted, 2.434 MW solar array on the City owned Entzian property with an electricity cost at a level 4.5 cents per kWh over the life of this contract. R-8-15
INTRODUCED AND PASSED by the Council of the City of Bowie, Maryland at a meeting on January 5, 2015.
ATTEST: THE CITY OF BOWIE, MARYLAND
______Awilda Hernandez G. Frederick Robinson City Clerk Mayor
SYSTEM SIZE: SITE ADDRESS:
DATE: MODULE: INVERTER: DESCRIPTION:
ARRAY INFORMATION MOUNTING MODULE TILT AZIMUTH KW DC METHOD COUNT
GENERAL NOTES LEGEND
SHEET NOTES
MEMORANDUM
TO: City Council
FROM: David J. Deutsch City Manager
SUBJECT: Ordinance O-3-15 Introduction of Illicit Discharge Detection and Elimination Ordinance
DATE: December 11, 2014
______
As Council is aware, the City has been covered by a Phase II NPDES Municipal Separate Storm Sewer System (MS4) permit from the Maryland Department of the Environment since 2003 and expects to see a draft of the updated permit in December 2014. Included in the requirements of the City’s permit are six minimum control measures, one of which is Illicit Discharge Detection and Elimination (IDDE). An illicit discharge is generally defined as any discharge to an MS4 that is not composed entirely of stormwater, with some exceptions that include discharges associated with firefighting activities.
The permit requirements related to the IDDE minimum control measure include, but are not limited to, adopting a local ordinance that prohibits illicit discharges and provides enforcement authority, mapping the storm sewer system to help track identified discharges, and conducting inspections of the storm sewer system to look for illicit discharges. Attached is the proposed IDDE ordinance to meet the requirements of the City’s MS4 permit. The City Attorney has reviewed and concurs with the proposed ordinance.
Recommendation: It is recommended that Council INTRODUCE O-3-15.
O-3-15
ORDINANCE OF THE COUNCIL OF THE CITY OF BOWIE, MARYLAND, AMENDING THE BOWIE CITY CODE, TO ADD CHAPTER 28 “STORM DRAIN ILLICIT DISCHARGE” PROHIBITING CERTAIN DISCHARGES INTO THE MUNICIPAL SEPARATE STORM SEWER SYSTEM ESTABLISHING INSPECTION AND ENFORCEMENT PROCEDURES AND PENALTIES FOR NONCOMPLIANCE
WHEREAS, pursuant to Md. Code Ann., Local Government Art. Division II, “Municipalities,” Title 5, “In General” Subtitle II, “Enumeration of Express Law Making Powers,” the City of Bowie, Maryland (“the City”) has the authority to pass such ordinances as it deems necessary to preserve peace and good order, to secure persons from danger and destruction and to protect the health, comfort and convenience of the citizens of the municipality; and WHEREAS, City desires to protect the quality of surface waters and groundwater within the City; and WHEREAS, the Maryland Department of Environment has issued a permit to the City requiring it to minimize the pollution of stormwater discharges to its surface waters; and WHEREAS, the City wishes to establish regulations to detect and eliminate illicit discharges into the municipal separate storm sewer system within the City of Bowie; and Section 1. NOW, THEREFORE, BE IT ORDAINED AND ENACTED, by the Council of the City of Bowie, Maryland that Chapter 28, “Storm Drain Illicit Discharge,” be and is hereby adopted to read as follows:
CHAPTER 28 STORM DRAIN ILLICIT DISCHARGE Sec. 28-1. Purpose. The purpose of this Chapter is to provide for the health, safety, and general welfare of the citizens of the City of Bowie through the regulation of certain discharges to the storm drain system to the maximum extent practicable as required by federal and state law. This Chapter establishes methods for controlling the introduction of pollutants into the municipal separate storm sewer system (MS4) in order to comply with requirements of the National Pollutant Discharge Elimination System (NPDES) permit process. The objectives of this Chapter are: A. to regulate the contribution of pollutants to the municipal storm drain system by O-3-15
any user; and B. to prohibit illicit connections and discharges to the municipal storm drain system; and to establish legal authority to carry out all inspection, surveillance, monitoring and enforcement procedures necessary to ensure compliance with this ordinance. Sec. 28-2. Definitions. For the purposes of this Chapter, the following terms shall have the meanings set forth herein: A. “Best Management Practices (BMPs)” means schedules of activities, prohibitions of practices, general good housekeeping practices, pollution prevention and educational practices, maintenance procedures, and other management practices to prevent or reduce the discharge of pollutants directly or indirectly to stormwater, receiving waters, or stormwater conveyance systems. BMPs also include treatment practices, operating procedures, and practices to control site runoff, spillage or leaks, sludge or water disposal, or drainage from raw materials storage. B. “Clean Water Act” means the federal water pollution control act (33 U.S.C. 1251 et seq.), and any subsequent amendments thereto, and any regulations adopted by any federal agency with regulatory authority under the Clean Water Act. C. “Construction activity” means activities subject to NPDES construction permits. These include construction projects resulting in land disturbance of one acre or more. Such activities include but are not limited to clearing and grubbing, grading, excavating, and demolition. D. “EPA” means the United States Environmental Protection Agency. E. “Hazardous materials” means any material, including any substance, waste, or combination thereof, which because of its quantity, concentration, or physical, chemical, or infectious characteristics may cause, or significantly contribute to, a substantial present or potential hazard to human health, safety, property, or the environment when improperly treated, stored, transported, disposed of, or otherwise managed. F. “Illicit discharge” means any direct or indirect discharge of any substance other than stormwater, including but not limited to sewage, process water, and wash water, into the City’s storm drain system, except as exempted in §28-6 of this Chapter.
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G. “Illicit connection” means 1. Any drain or conveyance, whether on the surface or subsurface that allows an illicit discharge to enter the City’s storm drain system, regardless of whether said drain or connection had been previously allowed, permitted, or approved by the City or 2. Any drain or conveyance connected to the storm drain system that has not been documented in plans, maps, or equivalent records and approved by the City. H. “Industrial activity” means an activity subject to an NPDES industrial permit or the NPDES industrial general permit as defined in the Code of Federal Regulations at 40 CFR §122.26 (b)(14). I. “Municipal Separate Storm Sewer System” (or MS4): means a conveyance or system of conveyances (including road drainage systems, catch basins, curbs, gutters, ditches, man-made channels, or storm drains) that is not combined with the sanitary sewer and that discharges to waters of the United States. J. “National Pollutant Discharge Elimination System” or “NPDES” stormwater permit means a permit issued by the U.S. Environmental Protection Agency (or by the State of Maryland under authority delegated pursuant to 33 USC §1342(b)) that authorizes the discharge of pollutants to waters of the United States. K. “Person” means any individual or any business entity in any form acting as either the owner or as the owner's agent. L. “Pollutant” includes paints, varnishes, and solvents; oil and other automotive fluids; non-hazardous liquid and solid wastes; yard wastes; refuse, rubbish, garbage, litter, or other discarded or abandoned objects and accumulations; floatables; food and food waste including grease; pesticides, herbicides, and fertilizers; hazardous substances and wastes; sewage, fecal coliform and pathogens; dissolved and particulate metals; animal wastes; wastes, rubbish, and residues from building construction. M. “Premises” means any building, lot, parcel of land, or portion of land whether improved or unimproved including adjacent sidewalks and parking strips. N. “Receiving waters” means any stream, creek, river, lake, groundwater feature or
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other body of water either directly or indirectly receiving surface runoff or
wastewater whether treated or not. O. “Storm drain system” means facilities in the City by which stormwater is collected and/or conveyed into surface waters, including but not limited to any roads, streets, gutters, curbs, inlets, storm drains, pipes, pumping facilities, retention and detention basins, natural and human-made or altered drainage channels, reservoirs, and other drainage structures, also known as a “Municipal Separate Storm Sewer System” or “MS4.” P. “Stormwater” means any surface flow, runoff, and drainage consisting entirely of water from any form of natural precipitation, and resulting from such precipitation. Q. “Stormwater pollution prevention plan” means a document that describes the Best Management Practices to be used by a person to identify sources of pollution or contamination at a site and the actions or Best Management Practices that will be implemented to eliminate or reduce pollutant discharges to stormwater, stormwater conveyance systems, and/or receiving waters to the maximum extent practicable. R. “Watercourse” means a stream, river, or creek, or the natural or artificial channel through which water flows.
Sec. 28-3. Applicability. This Chapter shall apply to all water entering the storm drain system generated on any developed and undeveloped lands unless explicitly exempted by the City.
Sec. 28-4. Responsibility for administration. The City Manager shall administer, implement, and enforce the provisions of this Chapter. Any powers granted to or duties imposed upon the City may be delegated in writing to persons or entities acting in the beneficial interest of or in the employ of the City.
Sec. 28-5. Compatibility with other regulations. This Chapter is not intended to modify or repeal any other ordinance, rule, regulation, or other provision of law. The requirements of this Chapter are in addition to the requirements of any other ordinance, rule, regulation, or other provision of law, and where any provision of this Chapter imposes restrictions different from those imposed by any other
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ordinance, rule, regulation or other provision of law, whichever provision is more restrictive or imposes higher protective standards for human health or the environment shall control.
Sec. 28-6. Discharge prohibitions. A. Prohibition of illegal discharges. No person shall discharge or cause to be discharged into the City storm drain system or watercourses any pollutants or waters containing any pollutants. B. Exceptions The following discharges are exempt from discharge prohibitions established by this Chapter: 1. Water from line flushing or other potable water sources; 2. Water from landscape irrigation; 3. Diverted stream flows; 4. Uncontaminated pumped ground water; 5. Foundation or footing drains (not including active groundwater dewatering systems); 6. Crawl space pumps; 7. Air conditioning condensation; 8. Wastewater from non-commercial washing of vehicles; 9. Water drained from swimming pools if dechlorinated to less than one part per million chlorine; 10. Water from firefighting activities; 11. Discharges specified by the City as being necessary to protect public health and safety; 12. Discharges associated with dye testing, however, this activity requires a verbal notification to the City prior to the test; and 13. Any non-stormwater discharge permitted under an NPDES permit, waiver, or waste discharge order issued to the discharger and administered under the authority of the EPA, provided that the discharger is in full compliance with all requirements of the permit, waiver, or order and other applicable laws and regulations, and provided that written approval has been granted for any discharge to the storm drain system. 5
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C. Prohibition of illicit connections. 1. The construction, use, maintenance or continued existence of illicit connections to the storm drain system is prohibited without regard to whether the connection was permissible at any time prior to the adoption of this Chapter. 2. A person may not connect a line conveying sewage to the storm drain system or allow such a connection to continue. 3. Illicit connections must be disconnected and redirected, if necessary, to an approved onsite sewage disposal system or to a sanitary sewer system of the appropriate agency, following all required guidelines and regulations. 4. Any drain or conveyance that has not been documented in scale plans, maps, or equivalent records and that is or may be connected to the storm drain system shall be located by the owner of the property upon which the drain or conveyance is located upon written notice from the City. Such notice will specify a time period within which the location of the drain or conveyance is to be documented upon a scale plan, map or equivalent records, and shall direct that such plan, map or equivalent records identify the drain or conveyance as a storm sewer, sanitary sewer or other, and that the outfall location or point of connection to the storm drain system, sanitary sewer system or other discharge point be identified. Results of these investigations are to be documented and provided to the City.
Sec. 28-7. Suspension of storm drain system access. A. Suspension in emergency situations. The City may, without prior notice, suspend storm drain system access for a property when such suspension is necessary to stop an actual or threatened discharge that presents or may present imminent and substantial danger to the environment, or to the health or welfare of persons or property, or to the storm drain system or to waters of the United States, by issuing a suspension order to the property owner. If the property owner fails to comply with a suspension order, the City may take such steps as deemed necessary to prevent or minimize damage to the storm drain system or waters of the State or of the United States, or to 6
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minimize danger to persons and property. B. Non-emergency suspension. The City may suspend storm drain system access by any person discharging to the storm drain system in violation of this Chapter may be terminated if such termination would abate or reduce an illicit discharge. The City will notify a violator of the proposed termination of the violator’s storm drain system access. The violator may petition the City, by letter to the Director of Public Works, for a reconsideration and hearing. Reinstatement of access to the storm drain system is prohibited if such access has been terminated pursuant to this Section, without the prior approval of the City’s Director of Public Works.
Sec. 28-8. Industrial or construction activity discharges. A. Any person subject to an industrial or construction activity NPDES stormwater discharge permit shall comply with all provisions of such permit. Proof of compliance with said permit may be required in a form acceptable to the City prior to the allowing of discharges to the storm drain system. B. The owner of property upon which there is a facility, including construction sites, required to have an NPDES permit to discharge stormwater associated with industrial activity shall submit a copy of the notice of intent (NOI) to the City at the same time the operator submits the original NOI to the EPA as applicable, and may not discharge stormwater associated with industrial activity until the property owner has obtained the required NPDES permit. C. A copy of the NOI may be delivered to the City in person or by mailing it to the Director of Public Works.
Sec 28-9. Monitoring of discharges A. The City shall be permitted to enter and inspect facilities subject to regulation under this Chapter, subject to the City’s procurement of an administrative warrant if required by law, as often as may be necessary to determine compliance with this Chapter. If a discharger has security measures in force which require proper identification and clearance before entry into its premises, the discharger shall make the necessary arrangements to allow access to representatives of the City.
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B. Facility operators shall allow the City ready access to all parts of the premises for the purposes of inspection, sampling, examination and copying of records that must be kept under the conditions of an NPDES permit to discharge stormwater, and the performance of any additional duties as defined by state and federal law. C. The City shall have the right to set up on any permitted facility such devices as are necessary in the opinion of the City to conduct monitoring and/or sampling of the facility's stormwater discharge. D. The City has the right to require the discharger to install monitoring equipment as necessary. The facility's sampling and monitoring equipment shall be maintained at all times in a safe and proper operating condition by the discharger at its own expense. All devices used to measure stormwater flow and quality shall be calibrated according to the manufacturer’s specifications to ensure their accuracy. E. Any temporary or permanent obstruction to safe and easy access to the facility to be inspected and/or sampled shall be promptly removed by the operator at the written or oral request of the City and shall not be replaced. The costs of clearing such access shall be borne by the operator. F. Unreasonable delays in allowing the City access to a permitted facility are a violation of a stormwater discharge permit and of this Chapter. A person who is the operator of a facility with a permit to discharge stormwater associated with industrial activity commits an offense if the person denies the City reasonable access to the permitted facility for the purpose of conducting any activity authorized or required by this Chapter.
Sec. 28-10. Requirement to prevent, control, and reduce stormwater pollutants by the use of Best Management Practices. A. The owner of a property subject to an individual NPDES permit shall provide, at the owner’s expense, protection from accidental discharge of prohibited materials or other wastes into the City storm drain system or watercourses through the use of structural and non-structural Best Management Practices. B. Any person responsible for a property that is or may be the source of an illicit discharge may be required to implement, at said person's expense, additional structural and non-structural BMPs to prevent the further discharge of pollutants to 8
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the City storm drain system. C. A person who complies with all terms and conditions of a valid NPDES permit authorizing the discharge of stormwater, to the extent practicable, shall be deemed to be in compliance with the provisions of this Section.
Sec. 28-11. Watercourse protection. Every person owning property through which a watercourse passes shall keep and maintain that part of the watercourse within the property free of trash, debris, vegetation, and other obstacles that would pollute, contaminate, or significantly retard the flow of water through the watercourse. In addition, the owner shall maintain existing privately owned structures within or adjacent to a watercourse in a manner that is not and does not become a hazard to the use, function, or physical integrity of the watercourse.
Sec. 28-12. Notification of spills. A. As soon as any person responsible for a facility or operation, or responsible for emergency response for a facility or operation knows or has reason to know or suspect that an illicit discharge exists shall take all necessary steps to ensure the discovery, containment, and cleanup of such illicit discharge. In the event of such a release of hazardous materials said person shall immediately notify the City of the event via the City’s main telephone number. B. In the event of a release of non-hazardous materials, said person shall notify the City in person or by phone, facsimile or email no later than the next business day. Notifications in person or by phone shall be confirmed by written notice addressed and mailed to the City within three business days of the phone notice. If the discharge of prohibited materials emanates from a commercial or industrial establishment, the owner or operator of such establishment shall also retain an on- site written record of the discharge and the actions taken to prevent its recurrence. Such records shall be retained for at least three years and are subject to inspection on demand by the City. Failure to provide notification of a release as provided above is a violation of this Chapter.
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Sec. 28-13. Penalties for violations; abatement and other relief. A. Whenever the City Manager determines there has been or is a violation of the provisions of this Code, the City Manager shall give notice to the property owner. Such notice shall be in writing and shall include: 1. The address, when available, or a description of the building, structure or land upon which the violation is alleged to be occurring or to have occurred; 2. A statement specifying the nature of the violation; 3. A description of the remedial measures necessary to restore compliance with this Chapter and a time schedule for the completion of such remedial action; 4. A statement of the penalty or penalties that shall or may be assessed against the person to whom the notice of violation is directed; 5. A statement that the determination of violation may be appealed to the City’s Administrative Review Board in accordance with the provisions of Chapter 1A of this Code; and 6. A statement specifying that, should the property owner violator fail to abate the violation within the established time schedule, the work will be done by the City and the expenses thereof shall be charged to the property owner and collected as taxes. Such notice may require: a. the performance of monitoring, analyses, and reporting; b. the elimination of illicit connections or discharges; c. the abatement or remediation of stormwater pollution or contamination hazards and the restoration of any affected property; d. payment of a fine or fee to cover remediation costs; and e. the implementation of source control or treatment BMPs. B. If abatement of a violation and/or restoration of affected property is required, the notice shall set forth a deadline within which such remediation or restoration must be completed. C. Should the property owner fail to abate or remediate the violation and/or restore
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the property to a condition complying with this Chapter within the established deadline, the work will be done by the City and the expense thereof shall be charged to the violator. D. A notice of violation shall be served: 1. By delivery to the property owner personally or by leaving the notice at the site where the violation is alleged to be occurring or to have occurred, or 2. By depositing the notice in the United States Post Office addressed to the property owner at the property owner’s last known address, first-class postage prepaid. E. Violations of this Chapter are municipal infractions, subject to a fine of Two Hundred Fifty Dollars ($250.00) for the first violation, Five Hundred Dollars ($500.00) for the second violation, and One Thousand Dollars ($1,000) for each subsequent violation. F. In addition to the fines and remedies set forth elsewhere in this Section, the City may recover from the property owner all attorneys’ fees, court costs and other expenses associated with enforcement of this Chapter, including sampling and monitoring expenses. G. In addition, to the fines, penalties and remedies set forth elsewhere in this Section, the City may petition for a preliminary or permanent injunction restraining a property owner from violating or continuing to violate this Chapter or compelling the property owner to abate or remediate a violation. H. In addition to the fines, penalties and remedies set forth elsewhere in this Section, the City may impose upon a property owner alternative compensatory actions, including but not limited to storm drain stenciling, attendance at compliance workshops, or watercourse cleanup. I. In addition to the fines, penalties and remedies set forth elsewhere in this Section, any condition caused or permitted to exist in violation of any of the provisions of this Chapter is a threat to public health, safety, and welfare, and is declared and deemed a nuisance, and may be summarily abated or restored at the property owner's expense. J. The remedies listed in this Section are not exclusive of any other remedies
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available under any applicable federal, state or local law. Section 2. BE IT FURTHER ORDAINED that this ordinance shall become effective thirty (30) days after its enactment by the Council of the City of Bowie, Maryland, provided that a fair summary of this ordinance is published at least once prior to the date of passage and at least once within ten (10) days after the date of passage in a newspaper having general circulation in the City. INTRODUCED by the Council of the City of Bowie, Maryland at a regular meeting on the 5th day of January, 2015. PASSED by the Council of the City of Bowie, Maryland at a regular meeting on the _____ day of ______, 2015.
ATTEST: THE CITY OF BOWIE, MARYLAND
______by:______Awilda Hernandez, City Clerk G. Frederick Robinson, Mayor
APPROVED AS TO FORM AND SUFFICIENCY:
______Elissa D. Levan, City Attorney
12
MEMORANDUM
TO: City Council
FROM: David J. Deutsch, City Manager
SUBJECT: US 301 Concept Sketches
DATE: December 31, 2014 ______
The City recently contacted the Maryland State Highway Administration’s (SHA) District 3 office to request a study of traffic operational conditions in the US 301 corridor, between Mount Oak Road and US 50. Staff received a reply from Mr. Venu Nemani, Assistant District Engineer for Traffic at District 3 and the results were shared with Council via email. SHA is proposing to make widening and lane restriping improvements to achieve a consistent, three through-lane cross section for this portion of US 301 (see attached drawings). Staff evaluated the recommended changes, which are expected to cost over $1.3 million, and we concur that the improvements will add traffic and improve traffic flow. The project appears to appreciably affect the current congested conditions in the corridor, which is Council’s goal.
Staff drafted the attached letter to Mr. Nemani supporting District 3’s recommendations and requesting that they be implemented as soon as possible.
Recommendation
It is recommended that Council approve the attached City Council position letter.
Attachments
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GOVERNO OAD R 301 BRIDG R E ROAD
K R A P
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200' 0 200' 400'
SCALE: 1"=200'
LEGEND IMPROVEMENT OPTION 2 - ADDITIONAL SB THROUGH LANE @ HARBOUR WAY US 301 FROM US 50 TO NEW PAVEMENT (PRELIMINARY COST ESTIMATE: $411,000 INCLUDING 30% CONTINGENCY) Rummel, Klepper & Kahl, LLP MOUNT OAK ROAD 81 MOSHER STREET BALTIMORE, MD 21217 OPERATIONAL STUDY IMPROVEMENT OPTION 3 - ADDITIONAL SB THROUGH LANE @ HERITAGE BOULEVARD PH: (410) 728-2900 FAX: (410) 728-3160 (PRELIMINARY COST ESTIMATE: $295,000 INCLUDING 30% CONTINGENCY) Engineers Construction Managers Planners Scientists www.rkk.com APRIL 2014 FIGURE 3A
D R A F T
January 6, 2015
Mr. Venu G. Nemani Assistant District Engineer – Traffic Maryland State Highway Administration 9300 Kenilworth Avenue Greenbelt, Maryland 20770
RE: US 301 Corridor Concept Sketches
Dear Mr. Nemani:
The City Council has reviewed your recent communication in which the Maryland State Highway Administration shared the results of its comprehensive traffic operations study of the US 301 corridor from Mount Oak Road to US 50 (John Hanson Highway). We appreciate your efforts to understand the vehicular traffic flow and turning movements in this portion of the US 301 corridor and to recommend solutions for increasing traffic capacity and eliminating several existing bottlenecks that occur during the peak periods each day.
The City Council agrees with your proposal to establish a three through-lane cross section, shown on the attached drawings, beginning south of Excalibur Road to US 50. The City encourages District 3 to advance funding for these key improvements so they can be implemented as quickly as possible to address the current congestion problems.
Thank you for your continued cooperation on this very important road improvement project that will benefit our community and our businesses.
Sincerely,
Bowie City Council G. Frederick Robinson Mayor
Attachment
cc: The Honorable Douglas J.J. Peters The Honorable Marvin Holmes The Honorable Jim Hubbard The Honorable Geraldine Valentino-Smith Mr. Brian Young, District 3 Engineer Mr. George Stephanos, City Public Works Director MEMORANDUM
To: City Council
From: David J. Deutsch City Manager
Subject: O-1-15 – An Ordinance Declaring Certain Parcel Located Generally Within the Shopping Center Known as Bowie Marketplace to be Surplus Property and Authorizing the Transfer of Said Property by the City to BE Bowie L.L.C. to Facilitate the Redevelopment of Bowie Marketplace
Date: November 26, 2014
BACKGROUND: On November 17, 2014 Council adopted Resolution R-69-14 for the redevelopment of the Bowie Marketplace. Part of the agreement authorized by that resolution is the transfer of ownership of some real property owned by the City to Berman Enterprises (BE Bowie LLC) the owner of the Bowie Marketplace.
DISCUSSION: As part of the approved redevelopment agreement there is to be a transfer of ownership of ‘Parcel A’ which is a 0.3 acre piece of land that is both the end of Sage Lane and an exit from the Marketplace parking lot adjacent to Acorn Hill Park. The City does NOT maintain this paved parcel and has always expected the Marketplace owner to do paving and maintenance. An appraisal of the value of this parcel was conducted and that value is estimated at $13,000. Staff has identified no compelling reason to continue ownership of this parcel particularly now that its transfer to the Marketplace property helps achieve an important City objective for retail redevelopment. The value associated with the transfer of Parcel A from the City to the developer is appraised to be $13,000. RECOMMENDATION: Staff recommends Council APPROVE Ordinance O-1-15.
ATTACHMENTS:
Ordinance O-1-15 O-1-15
ORDINANCE OF THE COUNCIL OF THE CITY OF BOWIE, MARYLAND DECLARING A CERTAIN PARCEL LOCATED GENERALLY WITHIN THE SHOPPING CENTER KNOWN AS BOWIE MARKETPLACE TO BE SURPLUS PROPERTY AND AUTHORIZING THE TRANSFER OF SAID PROPERTY BY THE CITY TO BE BOWIE L.L.C. TO FACILITATE THE REDEVELOPMENT OF BOWIE MARKETPLACE WHEREAS, on November 17, 2014 the Council of the City of Bowie (“the City”) adopted Resolution R-69-14 approving an agreement for certain incentives to be funded by the Bowie Economic Development Fund to BE Bowie L.L.C. (“the Developer”) to facilitate the redevelopment of the Bowie Marketplace Shopping Center (“Marketplace”); and
WHEREAS, in connection with the agreement approved by Resolution R-69-14 the
City agreed, among other things, to t ransfer to the Developer that parcel of real property known as Sage L ane Parcel A, Tax Account 07-0662551 (“the Sage Lane Parcel”), which property is approximately 13,085 square feet, more or less, and is an unpaved but platted right
-of-way that is not now and has never been in use by the City or by the public generally, except by patrons of Marketplace; and
WHEREAS, the Sage Lane Parcel has been appraised at $13,000; and
WHEREAS, the disposition of these lands meets the public purpose of the redevelopment of the Bowie Marketplace Shopping Center; and
WHEREAS, the City has no need to retain the Sage Lane Parcel for any public use and therefore the City considers the Sage Lane Parcel to be surplus property; and
WHEREAS, the City is authorized by Md. Code Ann., Local G Art.,o § 5-204(c)v ’ to t dispose of property at private sale after twenty d public noticea and to conveyy to the purchasers ’ any real property belonging to it when the City determines that the same is no longer needed for any public use. O-1-15
Section 1. NOW THEREFORE BE IT ORDAINED by the Council of the City of
Bowie Maryland, that the Sage Lane Parcel is not needed for any public purpose and is declared surplus property.
Section 2. BE IT FURTHER ORDAINED by the Council of the City of
Bowie, Maryland, that the City Manager is hereby authorized to transfer the Sage Lane
Property to BE Bowie, Maryland L.L.C, in order to fulfill in part the C obligationsi t y ’ s under the agreement approved by Resolution R-69-14, and to execute any and all documents required for the transfer of said parcel.
Section 3. BE IT FURTHER ORDAINED that this Ordinance shall become effective thirty (30) days after its enactment by the Council of the City of Bowie, Maryland provided that a fair summary of this Ordinance is published at least once prior to the date of passage and at least once within ten (10) days after the date of passage in a newspaper having general circulation in the City.
INTRODUCED by the Council of the City of Bowie, Maryland at a regular meeting on the 1st day of December, 2014.
PASSED by the Council of the City of Bowie, Maryland at a regular meeting on the
_____ day of January, 2015.
ATTEST: THE CITY OF BOWIE, MARYLAND
______By: ______Awilda Hernandez, City Clerk G. Frederick Robinson, Mayor
APPROVED AS TO FORM AND SUFFICIENCY:
______Elissa D. Levan, City Attorney
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M E M O R A N D U M
TO: City Council
FROM: David J. Deutsch City Manager
SUBJECT: Ordinance O-2-15 – Supplemental Appropriations for the Annual Budget for the Fiscal Year ending June 30, 2015
DATE: November 25, 2014
Ordinance O-2-15 provides a supplemental appropriation for the fiscal year ending June 30, 2015 for demolishing and replacing the Bowie Marketplace Shopping Center. On November 17, 2014, Council adopted Resolution R-69-14 to provide authorization to use funding from the Bowie Economic Development Incentive Fund to assist with the cost of demolishing and replacement of the Bowie Marketplace Shopping Center.
The following provides a breakdown of the funding sources and uses:
CITY OF BOWIE SUPPLEMENTAL BUDGET APPROPRIATION O-2-15 FOR FISCAL YEAR JULY 1, 2014 - JUNE 30, 2015
General Fund
Revenues: 01 48005 Appropriated Fund Balance $ 700,000 Total Revenue $ 700,000
Expenditure Appropriation: 01197 55080 Economic Development - Other Charges $ 700,000 Total Appropriation $ 700,000
Council’s approval of Ordinance O-2-15 providing supplemental appropriation for the annual budget for the fiscal year ending June 30, 2015 is requested.
DJD/HBM
O-2-15
ORDINANCE OF THE COUNCIL OF THE CITY OF BOWIE, MARYLAND AMENDING THE ADOPTED BUDGET FOR THE FISCAL YEAR BEGINNING JULY 1, 2014 AND ENDING JUNE 30, 2015, AS EMBODIED IN ORDINANCE O-03-14 AND AMENDED BY ORDINANCE O-9-14, TO APPROPRIATE FUNDS FOR THE REDEVELOPMENT OF THE BOWIE MARKETPLACE SHOPPING CENTER
WHEREAS, the City Council of the City of Bowie, Maryland (hereinafter, “the
City”) adopted Ordinance Number O-03-14 appropriating funds for the several objects and purposes for which the City had to provide for the Fiscal Year beginning July 1, 2014 and ending June 30, 2015; and
WHEREAS, in accordance with Section 45 of the City Charter, no public money may be expended without having been appropriated by the City Council; and
WHEREAS, amendments to the City’s Adopted Budget are necessary to appropriate
$700,000 from the Appropriated General Fund balance for the purpose necessary, as it was not included in Ordinances O-03-14 or O-9-14: and
WHEREAS, the Council adopted Resolution R-69-14 on November 17, 2014, authorizing payment of incentives from the Bowie Economic Development Incentive Fund for the redevelopment of the Bowie Marketplace Shopping Center; and
WHEREAS, the City desires that the Bowie Marketplace Shopping Center be demolished and replaced with an attractive new retail center with a grocery store anchor; and
WHEREAS, it has become necessary to appropriate funds to offset the cost of demolishing and replacing the Bowie Marketplace Shopping Center costing $700,000; and
Asterisks * * * : Indicate matter retained in existing law but omitted herein [Brackets] : [Indicate matter deleted from existing law]
2 O-2 -15
WHEREAS, Berman Enterprises as requested assistance from Bowie Economic
Development Incentive Fund for the demolishing and replacement of the Bowie
Marketplace Shopping Center in the amount of $700,000.
Section 1. NOW, THEREFORE, BE IT ORDAINED AND ENACTED, by the Council
of the City of Bowie, Maryland that the Budget for the Fiscal Year Beginning July 1, 2014, and Ending June 30, 2015, as adopted by Ordinance O-03-14 and amended by O-9-14 and
O-2-15, is hereby amended as follows:
* * * GENERAL FUND * * * ESTIMATED REVENUES AMOUNT
Appropriated Fund Balance $ [3,137,200] $ 3,837,200 * * * TOTAL REVENUES $ [46,880,300] $ 47,580,300 * * * APPROPRIATIONS BY ACTIVITY Economic Development Division $ [413,400] $ 1,113,400 * * * TOTAL APPROPRIATIONS $ [46,880,300] $ 47,580,300
Section 2: BE IT FURTHER ORDAINED, that this ordinance shall become effective
thirty (30) days after its enactment by the Council of the City of Bowie, Maryland provided
that a fair summary of this Ordinance is published at least once prior to the date of passage
and at least once within ten (10) days after the date of passage in a newspaper having
general circulation in the City.
INTRODUCED by the Council of the City of Bowie, Maryland, at a Regular
Meeting on December 1, 2014.
Asterisks * * * : Indicate matter retained in existing law but omitted herein [Brackets] : [Indicate matter deleted from existing law]
3 O-2 -15
PASSED by the Council of the City of Bowie, Maryland, at a Regular Meeting on
January 5, 2015.
G. Frederick Robinson Mayor
Attest:
______Awilda Hernandez City Clerk
Approved as to Form and Legal Sufficiency
Elissa D. Levan City Attorney
Asterisks * * * : Indicate matter retained in existing law but omitted herein [Brackets] : [Indicate matter deleted from existing law]
MEMORANDUM
TO: City Council
FROM: David J. Deutsch City Manager
SUBJECT: Water and Sewer Application 14-1– Single Family Detached House Corner of Bartlett Lane and Beaverdale Lane, R-3-15
DATE: December 10, 2014
The City has received an application from Survey’s Inc. requesting Category 1 designation to provide an allocation of 165 gallons per day (gpd) of water and 165 gpd of sewer for construction of a single family detached house located on the southeast corner of Bartlett Lane and Beaverdale Lane.
This application has been reviewed in terms of the City Code. All conditions for Category 1 designation required by Chapter 25 of the Code have been met, with the following exceptions:
• Preliminary Category 2 designation has not been obtained.
• The potential builder has not yet been identified.
• A detailed staging plan for implementation of the project has not been provided.
With regards to preliminary Category 2 designation, all conditions necessary to achieve Category 2 designation have been met with the exception of identifying a potential builder. It is recommended that Category 1 designation be approved.
The applicant has submitted architectural renderings and a conceptual site plan for this project (see attachment 1). However, the applicant has indicated that they cannot guarantee that the attached architectural renderings are what will be constructed. Once a builder is selected or the lot is sold, these renderings could change. However, the conditions established in the settlement agreement 2 between the City and Sean Yerby dated October 10, 2013 (see attachment 2) regarding the style, size and type of the house must still be adhered to.
The Director of Planning has evaluated this application and has determined that the application is consistent with the approved Master Plan and current zoning of the property. The Planning Department has also determined that the architectural renderings and site plan are in conformance with the October 10, 2013 agreement between the City and Mr. Yerby.
The Public Works department has evaluated this application and has determined the following:
• City water and sewer service is available to serve this property.
• Water usage is estimated at 165 gpd. and sewer usage is estimated at 165 gpd.
• Adequate water and sewer capacity exists to accommodate this allocation.
• Connection of the proposed single family house to the Bowie water and sewer system should not have a significant affect on possible future overloads.
The City’s Public Works Director has reviewed this project and recommends approval of this application.
As required in Chapter 25, notice of the public hearing was published in the Bowie-Blade News at least 10 days in advance of the public hearing.
Also, letters were sent to all properties within 500 feet of this property giving notice of the public hearing.
Staff Recommendation
All conditions required by Chapter 25 of the City Code, with the exceptions identified earlier have been met for Category 1 designation. All Category 2 requirements, with the exception of identification of a potential builder have also been met. Even though all conditions have not been met for Category 1 approval, staff still recommends that Category 1 and Category 2 designation be approved for this application.
This is somewhat of a chicken and egg situation for the applicant. They need to get their water and sewer certification in place before they can get their property subdivided. They need to get this subdivided before they can select a builder, develop a detailed staging plan and finalize their architectural renderings.
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The Director of Planning and the Director of Public Works have both reviewed this application and recommend that it be approved.
Therefore, given the above, staff recommends that the City Council approve Resolution R-3-15 providing approval of Category 1 service category designation for both water and sewer for a proposed single family house located at the southeast corner of Bartlett Lane and Beaverdale Lane.
DJD/JLF/adf
Attachments R-3-15
RESOLUTION OF THE COUNCIL OF THE CITY OF BOWIE, MARYLAND APPROVING APPLICATION 14-1 TO PROVIDE CATEGORY 1 WATER AND SEWER DESIGNATION FOR SURVEY’S INC. FOR A SINGLE FAMILY DETACHED HOUSE AT THE SOUTHEAST CORNER OF BARTLETT LANE AND BEAVERDALE LANE
WHEREAS, Survey’s Inc. has submitted application 14-1, dated February
27, 2014 to request water and sewer allocation for a single family detached house at the southeast corner of Bartlett Lane and Beaverdale Lane; and
WHEREAS, it has been determined that 165 gallons per day (gpd) of
water and 165 gpd of sewer will be required in connection with the provision of water and sewer service to this proposed single family detached house; and
WHEREAS, pursuant to Section 25-9 (a) of the Bowie City Code, the
City’s Public Works Department has reviewed the application to assure its compatibility with the City’s water and sewer system and has determined that it is compatible; and:
WHEREAS, pursuant to Section 25-9 (c) of the Bowie City Code, the
City’s Planning Director has reviewed the application to assure the development’s compatibility with adopted and approved master plans and has determined that it is compatible; and
WHEREAS, pursuant to City Code Section 25-7A, water and sewer service is available to serve this property and this property can be adequately serviced without improvements or upgrades to the existing City system; and
WHEREAS, all code requirements for Category 1 approval have been met for this property, with the exception of preliminary Category 2 approval, the R-3-15 potential builder has not been identified and a detailed staging plan for implementation of the project has not been provided; and
WHEREAS, all Category 2 requirements have been met for this property, with the exception of identification of the potential builder; and
WHEREAS, the architectural renderings for this project may be revised once the builder is selected or the lot is sold, but the applicant is still required to adhere to the settlement agreement between the City of Bowie and Sean Yerby dated October 10, 2013 concerning the style, size and type of house.
NOW, THEREFORE BE IT RESOLVED by the Council of the City of
Bowie, Maryland as follows:
Section 1. It is hereby found and determined that the aforementioned
estimated gallonage of water and sewer for this property is compatible with the
City’s water and sewer system.
Section 2. It is determined that the proposed construction for the
subject property is compatible with adopted and approved master plans.
Section 3. Water and Sewer Application 14-1, for increased allocation
of 165 gpd of water and 165 gpd of sewer, submitted by Survey’s Inc., is hereby
approved for a single family house at the southwest corner of Bartlett Lane and
Beaverdale Lane.
Section 4. The allocation of water and sewer capacity hereby granted
shall be reserved for a period of two years from the date of this
Resolution. If the allocated capacity is not used by the end of the second year, it
shall be forfeited unless extended by resolution. R-3-15
INTRODUCED AND PASSED by the Council of the City of Bowie,
Maryland, at a Regular Council Meeting on January 5, 2015.
ATTEST: THE CITY OF BOWIE, MARYLAND
______Awilda Hernandez G. Frederick Robinson City Clerk Mayor
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sE·rrLEMENT AGREEMENT
THIS AGREEMENT is made this /tJ day of O'c/z:lt1~, 2013, by and between the City of Bowie ("the City"), a municipal corporation of the State of Maryland and Sean Yerby (hereinafter, "Yerby"), a natural person, with his principal residence located at 2701 Bartlett Lane, Bowie, Maryland 20715. RECITALS WHEREAS, Yerby is the owner of record of certain real property located in Prince George's County, Maryland, commonly known as 2701 Bartlett Lane, Bowie, Maryland 20715 ("the Property"); and WHEREAS, Yerby has submitted an application for a Preliminary Plan of Subdivision of the Property, Application No. 4-11021, with the project name of Buckingham at Belair ("the Yerby Subdivision" or the "Preliminary Plan"), a copy of which application is attached hereto as Exhibit A, to divide the Property into three separate residential lots, and the City has taken a position in opposition to the subdivision of the Property before the Prince George's County Planning Board, and, WHEREAS, the City has supported certain legislation by the Prince George's County Council incorporating a zoning text amendment (.. CB-67-2013") that may have an adverse impact on the Yerby Subdivision application; and WHEREAS, the parties wish to resolve their ditTerences in a mutually acceptable manner, in order to avoid the time, expense and uncertainty of potential litigation, including any administrative appeal of any action that the Planning lloard might take with respect to the Yerby Subdivision application or any challenge by Yerby to CB-67- 2013. NOW, THEREFORE, in consideration of the recitals and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties, for themselves, and their officers, employees, agents, contractors, heirs, successors, personal representative, executors and assigns hereby covenant and agree as follows: l. WARRANTIES AND REPRESENTATIONS OF YERBY A. Yerby agrees that he will amend the Yerby Subdivigion application to provide for two lots, rather than three. As propo~d upon this application, Lot No. 17, which is the 2
lot upon which Yerby's residence is currently situated, will be consolidated with Lot 15, as currently shown on the Preliminary Plan, such that Lot 15 and Lot I 7 will become a single lot, collectively designated as Lot 15 (or such other lot number that may be later assigned), as shown on the sketch plan attached hereto and incorporated herein as Exhibit B. Lot 16 will remain as configured in the Preliminary Plan, Exhibit A hereto, and as shown on the sketch plan, Exhibit B. B. Yerby will construct or permit to be constructed one single-family dwelling unit on the Jot sl1own as Lot No. 16 on the Preliminary Plan in approximately the location shown on Exhibit B. Said home will be no larger than 2,500 square feet in total internal area; will include no more than two (2) stories plus an attic, and will be no taller than 27 feet from the base of the house to the highest point of the roof; and will be constmcted on a slab at grade, without any basement, consistent with the existing houses in the Belair at Buckingham subdivision. C. The house to be constructed on Lot 16 will be designed to conform generally to the aesthetic of the existing community to the extent reasonably feasible. D. The house to be constructed on Lot 16 will confonn to all current setback requirements under the Prince George's County Zoning Ordinance (Article 27 of the Prince George's County Code), and any other restrictions imposed by said ordinances as of the date of this Agreement, and Yerby will not request any variance or departure therefrom. The house to be constructed on Lot 16 will face Ba11lctt Lane and will have its driveway and driveway apron exit Lot 16 on Bartlett Lane. 2. WARRANTIES AND REPRESENTATIONS OF CITY A. The City will withdmw its opposition to the Preliminary Plan of Subdivision No. 4-1 I 021. B. The City will request that Prince George's County Councilwoman Ingrid Turner withdraw the bill known as CB-67-2013. C. The City will not request or support approval of any detailed site plan, or limited detailed site plan, with respect to the Yerby Subdivision. 3. MISCELLANEOUS A. The use of the singular verb, noun and pronoun forms in this Agreement shall also include the plural forms where such usage is appropriate. The use of the pronoun "it" 3
shall also include, where appropriate "he" or "she" and the possessive pronoun "its" shall also include, where appropriate "his," hers" and "theirs". B. From time to time aficr the date of this Agreement, the parties, without charge to each other, will perform such other acts, and will ex<..-cute, acknowledge and will furnish to the other such instruments, documents, materials and information which either pat1y reasonably may request, in order to effect the consummation of the transactions provided for in this Agreement. C. This Agreement, which includes all exhibits hereto, each of which is incorporated in this Agreement by this reference, shall be recorded by the City of Bowie among the Land Records of Prince George's County, Maryland, and shall run with the land and be binding upon and inure to the benefit of the parties, their heirs, successors and assigns, and embodies and constitutes the entire understandings between the parties with respect
to the subject matter hereot~ and all prior agreements, understandings, representations, and statements, whether oral or written, are merged in this Annexation Agreement. Neither this Agreement nor any provision hereof may be waived, modified or amended unless such modification is in writing and is signed by the party against whom the enforcement of such waiver, modification or amendment is sought, and then only to the extent set forth in such instrument. D. The parties hereto acknowledge that, in entering into this Agreement, no party has been induced by, nor has relied upon, not included as part of the basis of the bargain herein, any representation or statement, whether express or implied, made by any agent, representative or employee, which representation or statement is not expressly set forth in this Agreement. E. This Agreement shall be construed according to its plain meaning without giving regard to any inference or implication arising from the fact that it may have been drafted in whole or in part by or for any one of the parties hereto. F. This Agreement shall be interpreted in accordance with the laws of the State of Maryland and any suit to enforce the terms hereof or for damages for breach hereof shall be brought exclusively in the courts of the State of Maryland for Prince George's County and the parties expressly consent to the jurisdiction thereof and waive any right they might otherwise have to bring, transfer or remove such suit in to any other form. If any 4
term or provision of this Agreement is declared illegal or invalid for any reason by a court of competent jurisdiction, the remaining terms and provisions of this Agreement shall, nevertheless, remain in full force and effect. G. All notices and other communications under this Agreement shall be in writing and shall be sent either by first class mail, postage prepaid, or by personal delivery, addressed to the parties as provided below. Notice shall be deemed given on the date delivered or attempted to be delivered during normal working hours on business days.
IF TO THE CITY: David J. Deutsch, City Manager The City of Bowie Bowie City Hall 15901 Excalibur Road Bowie, Maryland 20715
With a copy to: Elissa 0. Levan, Esquire Brennan McKenna Manzi Shay Levan Chartered 6305 Ivy Lane, Suite 700 Greenbelt, Maryland 20770
IF TO THE OWNER:
Mr. Sean Yerby 2701 Bartlett Lane Bowie, Maryland 20715
With a copy to: Lawrence Taub, Esquire O'Malley, Miles, Nylen & Gilmore P.A. 11785 Beltsville Drive, 10 111 Floor Calverton, MD 20705
H. If any term or provision of this Agreement is declared illegal or invalid for any reason by a court of competent jurisdiction, the remaining terms and provisions of this Agreement shall, nevertheless, remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first written ahove. ·..
WITNESS:
WITNESS/ATTEST: OWNER:
IJy: ~~ ~ SeanYcr~-- /-...... \ ( 6/ '....__/
STATE OF MARYLAND COUNTY OF PRINCE GEORGE'S, to wit:
I HEREBY CERTIFY, that on this .;( 5' day of Oc-/vber" , 2011, before me, a Notary Public in and for the State aforesaid, personally appeared David J. Deutsch who has been satisfactorily proven to be the person whose name is subscribed to the within instrument, who acknowledged himself to be the City Manager of the City of Bowie, a municipal corporation of the State of Maryland, and that said City Manager, being duly authorized so to do, executed the foregoing instrument for the purposes therein contained, by signing the name of the municipal corporation as such City Manager.
WITNESS my hand and notarial seal.
(SFALJ EJ.6tarY/Ltf ublic ~9~(:}- My Commission Expires: dv. 2 r-: .2013
STATE OF MARYLAND, COUNTY OF PRINCE GEORGE'S, to wit:
I HEREBY CERTIFY, that on this lO day of C\::.-\o~c , 2013, before me, a Notary Public in and for the State aforesaid, personally appeared Sean Yerby, who has been satisfactorily proven to be the person whose name is subscribed to the within instrument, and that he executed the foregoing instrument for the purposes therein contained, by signing his name thereto.
NESS my hand and notarial seal. ROBERTA. DEGUZMAN NOTARY PUBLIC ANNE ARUNDEL COUNTY (SEAL} MARYLAND MY COMMISSION EXPIRES SEPT. 6, 2015
My Commission Expires: ~0. l.o, '20 IS'
I HEREBY CERTIFY that the foregoing instrument was prepared by or under the supervision of an attorney duly admitted to practice before the Court of Appeals of Maryland.
Elissa D. Levan, City Attorney PRELIMINARY PLAN
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