BOCC 2/11/03

<body topmargin=0 leftmargin=0 marginheight=0 marginwidth=0> <table cellpadding=0 cellspacing=0 border=0><tr> <td valign="top" rowspan="2" width=210 BGCOLOR="#99CC99" TEXT="#080000" bgproperties="fixed" background="0968dfc3.jpg"> <div> <A HREF="id3.htm" TARGET="_top" TITLE="BOCC Meeting Notes 12/3/02 6/30/03"><U><B>BOCC Meeting Notes 12/3/02 - 6/30/03</B></U></A></div> </td> <td valign="top" colspan=2 height=130 BGCOLOR="#CCCC99" TEXT="#080000" bgproperties="fixed" background="0978dfe1esnpes.jpg"> <div> <FONT SIZE="5" COLOR="#336666" FACE="Arial" ><B>Welcome to the Web Site of Clare Whitbeck</B></FONT><B>     </B><B>|</B><B>     </B><A HREF="index.htm" TARGET="_top" TITLE="Welcome to the Web Site of Clare Whitbec"><U><B>home</B></U></A></div> <div> <A HREF="id88.htm" TARGET="_top" TITLE="BOCC 12/3/02"><U>BOCC 12/3/02</U></A>   |   <A HREF="id92.htm" TARGET="_top" TITLE="Legislative Agenda 12/10/02"><U>Legislative Agenda 12/10/02</U></A>   |   <A HREF="id91.htm" TARGET="_top" TITLE="BOCC 12/10/02"><U>BOCC 12/10/02</U></A>   |   <A HREF="id95.htm" TARGET="_top" TITLE="BOCC12/17/02"><U>BOCC12/17/02</U></A>   |   <A HREF="id96.htm" TARGET="_top" TITLE="BOCC 1/7/03"><U>BOCC 1/7/03</U></A>   |   <A HREF="id98.htm" TARGET="_top" TITLE="BOCC 1/14/03"><U>BOCC  1/14/03</U></A>   |   <A HREF="id99.htm" TARGET="_top" TITLE="BOCC 1/21/03"><U>BOCC 1/21/03</U></A>   |   <A HREF="id101.htm" TARGET="_top" TITLE="BOCC Budget 1/27/03"><U>BOCC Budget 1/27/03</U></A>   |   <A HREF="id102.htm" TARGET="_top" TITLE="BOCC 1/28/03"><U>BOCC 1/28/03</U></A>   |   <A HREF="id103.htm" TARGET="_top" TITLE="BOCC Budget 2/3/03"><U>BOCC Budget 2/3/03</U></A>   |   <A HREF="id104.htm" TARGET="_top" TITLE="BOCC 2/4/03"><U>BOCC 2/4/03</U></A>   |   <B>BOCC 2/11/03</B>   |   <A HREF="id106.htm" TARGET="_top" TITLE="BOCC 2/18/03"><U>BOCC 2/18/03</U></A>   |   <A HREF="id107.htm" TARGET="_top" TITLE="BOCC 2/25/03"><U>BOCC 2/25/03</U></A>   |   <A HREF="id108.htm" TARGET="_top" TITLE="BOCC 3/4/03"><U>BOCC 3/4/03</U></A>   |   <A HREF="id110.htm" TARGET="_top" TITLE="BOCC Budget 3/10/03"><U>BOCC Budget 3/10/03</U></A>   |   <A HREF="id111.htm" TARGET="_top" TITLE="BOCC 3/11/03"><U>BOCC 3/11/03</U></A>   |   <A HREF="id112.htm" TARGET="_top" TITLE="BOCC Budget 3/17/03"><U>BOCC Budget 3/17/03</U></A>   |   <A HREF="id113.htm" TARGET="_top" TITLE="BOCC 3/18/03"><U>BOCC 3/18/03</U></A>   |   <A HREF="id116.htm" TARGET="_top" TITLE="3/31/03"><U>3/31/03</U></A>   |   <A HREF="id117.htm" TARGET="_top" TITLE="BOCC 4/1/03"><U>BOCC 4/1/03</U></A>   |   <A HREF="id120.htm" TARGET="_top" TITLE="BOCC 4/15/03"><U>BOCC 4/15/03</U></A>   |   <A HREF="id119.htm" TARGET="_top" TITLE="BOCC 4/8/03"><U>BOCC 4/8/03</U></A>   |   <A HREF="id122.htm" TARGET="_top" TITLE="BOCC 5/6/03"><U>BOCC 5/6/03</U></A>   |   <A HREF="id121.htm" TARGET="_top" TITLE="BOCC 4/29/03"><U>BOCC 4/29/03</U></A>   |   <A HREF="id123.htm" TARGET="_top" TITLE="BOCC Budget 5/12/03"><U>BOCC Budget 5/12/03</U></A>   |   <A HREF="id125.htm" TARGET="_top" TITLE="BOCC 5/13/03"><U>BOCC 5/13/03</U></A>   |   <A HREF="id124.htm" TARGET="_top" TITLE="BOCC 5/20/03"><U>BOCC 5/20/03</U></A>   |   <A HREF="id126.htm" TARGET="_top" TITLE="BOCC Budget 5/26/03"><U>BOCC Budget 5/26/03</U></A>   |   <A HREF="id127.htm" TARGET="_top" TITLE="BOCC 6/3/02"><U>BOCC 6/3/02</U></A>   |   <A HREF="id128.htm" TARGET="_top" TITLE="BOCC 6/10/03"><U>BOCC 6/10/03</U></A>   |   <A HREF="id129.htm" TARGET="_top" TITLE="BOCC 6/24/02"><U>BOCC 6/24/02</U></A></div> <div> </div> </td> </tr><tr> <td valign="top" height=350 colspan=2 BGCOLOR="#CCCC99" TEXT="#080000" bgproperties="fixed" background="0978dfc3.jpg"> <div> <I>BOCC 2/11/03</I></div> <bR> <div> After the invocation and Pledge, the agenda was amended to include executive session beginning at 11:30.  Comm Mattingly asked if a response to the Sheriff could be included on the agenda.  McKay said he would put it on next week’s agenda.  The agenda was approved as amended.  The bills and minutes were approved after Comm Jarboe commented on the Esperanza Pirates Club grant, and Mattingly proposed one change about the Tri-County Council.  The students from Dynard came with Lynn Morgan to celebrate African American History Month.  We learned about “buffalo soldiers,” Harriet Tubman.  Sojourner Truth, Rosa Parks, and Mae C. Jemison.</div> <div> Next came <B>County Administrator time.  </B>  The draft agendas were approved.  Then Captain Cusick came to present a grant for approval by the BOCC.  It is an annual supplemental grant for law enforcement from the State Police.  McKay noted that it is an ‘03 grant.  Raley asked how much St. Mary’s got in the prior year and was told $808,000.  Population declined in ‘02, so our aid went down.  The information comes from table 6 of the Department of Mental Health and Hygiene.  Patty Litten said she had talked to them and would follow up.  Raley asked about money for building rental/dumpster and was told that’s our covert narcotics office.  ($18,000) Raley said he hoped for a supplemental increase. The vote was 5 - 0.  Cynthia Brown brought the Teen Court project and Maryland Youth Leadership Safe Schools Mini-grant Acknowledgment. Sheet.  The Teen Court program is new and there is an oversight committee. The money will be used for promotional activities for the program.  McKay asked for the prior budget and was told this is the first grant.  Brown said the program has been funded out of the Americorps office.  Raley noted they asked for $5,000 and got $1,000 and will use it for promotional materials.  The grant was approved 5 - 0.   George Erichsen brought four public works agreements for approval.  He was complimented on the snow removal.  They were approved 5 - 0.  </div> <div> Next came the North County Senior Center.  Richard Rohrbaugh presented the concept site plan for the Center.  McKay asked if it were part of a larger parcel and was told yes.  Jarboe asked if it were adjacent to the Veterans Home and if it crossed the railroad right of way.  Jarboe said there is a lot of traffic on Old Village Road on Saturday and asked if anyone had considered using the Veteran’s Center.  Rohrbaugh said they did look at that early in the project, and it was not possible.  Jarboe asked if the old dorm at Charlotte Hall were still on the County Inventory and Rohrbaugh said he didn’t know.  He doesn’t want to hold up the project, but he wants to be sure all the options have been examined.  Raley said he understands the Planning Commission asked to have it come back because they were concerned about handicapped parking, bioretention for stormwater management, and access.  Rohrbaugh said buffer requirements have been met.  Mattingly said the soil there is sandy and he thinks bioretention is unnecessary expense.  Raley said it needs to stay on schedule.  Those people in Annapolis are getting my money, he continued. Carter reminded the BOCC that the Northern Senior Center Council has participated in the design.  Jarboe asked if there were a path to the Veterans Center.  Rohrbaugh noted that the site is wooded.  Mattingly said when the bicycle trail is built they might extend it.  Jarboe said they might need to extend to 30 mph speed limit from the Veterans Center to the senior center.   The Charlotte Hall School building is to be demolished, Carter said.  He said we have a stereotype of seniors.  He named six people in the room who are seniors because they are over 60.  He thinks we need to understand that seniors are not infirm, accident prone individuals.  Some of the case being made about the dangers of the driveway may be exaggerated.  They reviewed the floor plan again.  McKay asked about the operating budget impact.  Carter said it could come on line in the last quarter of FY ‘04.  If so the positions are included in his budget request only for the last quarter of the year, but of course the positions will be needed in FY ‘05.  Raley asked about equipment and was told that’s in the current year’s budget.  </div> <div> Next came the Greenwell foundation.   Kathleen Freer, Lynne Fitrell, Karen Detren ( a professional fund raiser who volunteers, Christie Bishop, Karen Stormach, Sandy Majeski all came with John (?).  John said they have received $30,000 a year from the County and they would  like to report on how they have used the money.  They have a therapeutic riding program and have partnered with the State.  They expect to get support again.  There is an ecotourism program at the park.  Population centers are further north, but the State is sending money.  Most parks are run based on the fee they charge.  They have a lodge for respite care and overnight.  They have a $50,000 grant to do a covered arena.  They are a recipient of lost recreation funds from the PEPCO spill.  They have 10 miles of trail and 2 miles of shoreline along the Patuxent.  They expect $80,000 to make a fully accessible access path of 1/4 mile.  The Lodge is a 17 bed, fully accessible space and a dining room for 22.  They are seeking funding for an accessible garden area.  Hospice is looking for a place to put memorials for those who have died and there is a partnership.  Special Olympics has given them an award.  Rosedale Manor will be renovated to make it fully accessible.  There is a new brochure about to go to press. The horses are bombproof, and they are hard to come by.  Many horses are free leased.  They will do an egg hunt.  McKay asked about the new kayak launch spot.  Where’s the nearest spot, he continued.  Karen said she would love to hose Special Olympics.  McKay noted that the Knott family was appreciative of having the lodge named after Mr. Knott.  They keep number in conjunction with Ranger Hammett.  Their holiday event went from 200 last year to 500 this year.  Another board member noted that DC people come to the events at Greenwell.  McKay asked if they were linked to the County web site and was told they are linked through tourism.  They will be having a benefit trail ride on Sunday, May 11.  Call 301-373-9775 for information.  </div> <div> <B>Next came Carolyn Luray to present the Southern Maryland Heritage Tourism Management Draft Plan.  </B>They are trying to establish a Southern Maryland Heritage Area.  The plan is to become a recognized heritage area.  The purpose is to protect key resources, make the setting understanding, manage the landscape, buffer the contemporary world, encourage historic preservation projects and activities.  They want to enhance the tourism product.  They have six major areas: Interpretation and education, linkages, infrastructure and facility development, Community and Economic Development, and preservation and resource stewardship, marketing and outreach, managing implementation and partnerships.  We have clusters and corridors.  Cluster eight is in Compton and includes St. Clements Island, nine is Leonardtown, 10 is Sotterly and Greenwell Park, 11 includes PAX.  There are Target Investment Zones (PTOSIS), Leonardtown, Piney Point and St. George island, St. Mary’s City and the College.  There are expectations that the Chesapeake Bay Lab will become a museum.  The plan anticipates a management framework.  There is a cross jurisdictional area that includes 3 Counties and 7 incorporated towns.  The proposal is a consortium under the leadership of the Southern Maryland Travel and Tourism Committee.  The Plan anticipates a Southern Maryland Heritage Consortium Board of Directors.  They would like to work with the Tri County Council with its 501c3 status able to receive grants.  They have offered in kind for space to house the staff and the overhead would be covered by the Tri County Council.  Their funding is expected to be $250,000 for the first 5 years. $100,000 from the Maryland Heritage Area A, $60,000 from the three counties, $40,000 from the private sector, Tri County Council will provide $25,000 of in kind, and there would be $25,000 of private sector in kind.  The BOCC would need to agree to incorporate the Heritage Plan into the Comprehensive Plan.  McKay asked what happened if the Target Investment Zones don’t meet objectives and was told they could be extended.  Luray said she thinks this can be a flexible process.  McKay said he is concerned that the level of funding may short the investment in the target areas.  Luray said she will seek information on the State’s contributions.  McKay asked if other commissioners have been briefed.  Luray said not yet, but staff thinks they know about it and would approve.  Raley said this has been going on since 2001.  We just now got to this stage, he continued.  If the plan is approved, what is the benefit?  Luray said there is recognition that visitors chose a region with a strong identity is a better market.  Raley asked if Point Lookout shouldn’t be a Targeted Investment Zone.  Luray said there are too many areas, and we had to choose.  Raley said the County’s participation is $4,000 and your time.  Luray said yes.  Savich said when Carolyn was hired he was impatient.  He directed her to make this into something useful to us.  Savich said the best result may be the benefit of being better organized with what we do.  Luray said there will be marketing that will probably bring benefits to all the counties.  Mattingly asked if the large size will make it harder for our piece to be successful and was told some projects are very regional and will benefit everyone.  The consortium will be looking at the regional benefit.  If we have good competitive benefits, they will be funded.  Mattingly said the Sotterly and the Base with the museum will be at a disadvantage.  Luray said one model they looked at had a Lexington Park area.  Savich said we have included extra areas because we are a Tri County area.  Luray said having clusters cross county lines creates issues.  Jarboe asked what kind of protection there might be for the old Charlotte Hall School dormitory.  Luray asked Sue Veith to address that.  There are mechanisms to address them if there’s a willingness to put them in heritage.  This may provide funding to protect the building.  Jarboe said we should be looking at fiscal incentives.  Veith also suggested putting that building in the Comprehensive Plan, saying that would provide a mechanism for developing an ordinance.  Mr.  Auth (?) said the short term advantage is that you are eligible for State money.  The constortium ( he said it that way) is eligible for funding and all counties are there. McKay expressed the Tri County Council’s willingness to house the group.  Luray said there will be a grant for a director.  Savich said the timing would be in a September to a January time frame.  McKay asked if she meets fairly regularly and was told yes.  He said this is the kind of thing the Tourism Director should be working on because regional tourism is how it should be done.  McKay said Raley would like to swap Piney Point for Leonardtown, but Mattingly might object.  Raley noted that we haven’t spent everything we got.  Will we be able to recapture our funds?  Luray said the FY’‘03 funding hasn’t been received.  Now it is there and dedicated to the program.  Raley asked if we paid $69,000 for this plan.  He was told that was our share.  The whole thing was $120,000.  He said he is glad to see Comm McKay and other commissioners recognize the need for tourism.  His goal was to have the money from the tax supplement the tourism money.  That didn’t happen.  He hopes that this year we can reverse that and increase the money for tourism.  Luray said you will be happy to see the money is spent meeting long term goals.  Luray said they hope to have a final draft ready one week before March 11.  Dement asked if they will be approaching all the counties and was told yes.  McKay said he wasn’t sure why it had to be in the Comprehensive Plan and was told the State requires it.  </div> <div> <B>Commissioner time was next.  </B>Jarboe said there is erosion at Golden Beach which was caused by the clean up contractors killing the grass that stabilized the area.  He would like to have the BOCC contact DNR.  We need to transfer the money so snow removal can be carried out.  He asked if the security kiosk is necessary in County Government.  He doesn’t think there is a direct threat of hoards of Muslim terrorists coming in the door.  He would like to put that toward snow removal.  Dement said they have had to attend the Fire Department dinners, but there was none this week.  He attended Stan Shrader’s memorial service.  Comm Mattingly said he attended the memorial service for the astronauts, and he complimented the chaplain on the service.  He attended the Friends of St. Clements Island Annual Meeting.  He attended the State Fireman’s Association meeting in La Plata.  There is a bond bill hearing tomorrow at 10:00 AM.  McKay said he has a meeting with Jan Norris to discuss a proposal for a cap on senior citizen’s property tax.  He wants that before the BOCC.  MACO meets tomorrow along with the bond meeting.  McKay said there is a lot to be said about an open, friendly atmosphere.  But that leads to a bigger problem.  People are concerned that the big government is out to get them.  This is their government, not our government.  There should be a sense of welcomeness.  McKay said he didn’t feel that a self promoting ad is proper, but a tourism site promotion might be appropriate.  If you agree that’s what we will do.  They went to executive session for litigation at the Flattops as well as a circuit court case filed regarding the Callaway Plan according to Comm McKay. </div> <div> After lunch, the <B>Critical Area Commission came to talk with the BOCC.  </B> Ron Seri, Mary Mason, and Mary Owens came to talk about the Critical Area regulations.  Sue Veith came to review the outstanding areas of concern.  Veith said St. Mary’s County is required to update the critical area program.  The County  accepted the program with 51 conditions.  The first area of disagreement was that TDR’s cannot be transferred out of a resource conservation area.  It was thought this would get development out of sensitive areas and into areas more suited for development.  The Critical Area Commission said they would have to see the consequences State wide.  Burial grounds were a concern.  Mega cemeteries are not welcome in the Resource Conservation Area.  St. Mary’s has use 97 and use 199 (commercial fishing) in the RCA.  We think that does not give enough flexibility.  We would like to do restaurants in the RCA.  Critical Areas does not think RCA is a good place for restaurants.  We omitted language from section 32 that is required.  This ordinance wants worker housing in the RCA.  Critical Area (CA) asked to have the housing stop when the use stops.   McKay said he would like to begin with TDR’s.  The CA criterial upon which all programs are based provide a density of one dwelling per 20 acres.  Counties and towns are asked to look at additional ways to protect critical areas.  Ron Seri noted there are hundreds of existing lots on sensitive sites.  But to allow development to transfer to RCA, even if they are in the RCA, is not what TDR’s are for.  Existing lots all have existing rights.  Protection is not to allow destruction of another area.  McKay asked if that isn’t what the zoning ordinance are about.  McKay said he thought the problem as that 1 in 20 would transfer outside the critical area.  Seri said no problem if it goes outside the critical area.  Norris said he believed the problem is that the right could be transferred to another area in the RCA.  Some building rights are on soils that cannot stand building.  The critical area has a problem only when TDR’s are used in the RCA.  They believe that TDR’s from grandfathered parcel can only be placed outside the RCA.  Raley says put yourself in the position of the person who has a lot that is grandfathered, but can’t get a perk.  The individual is stuck with property that can only be developed if technology can be improved.  Raley asked if the opinion is law or opinion.  Mary Mason said the opinion is based on court cases and research into the history of the Critical Area Law.  She has given her advice to the Commission.  An approved lot may be developed if the dwelling is not already placed there.  Ron Seri said the CA Commission takes the position that when the dwelling is not there one can be built, but the TDR does not transfer within the RCA.  Jarboe noted that a new chairman is coming.  Members are appointed by the Governor.  Seri said he is appointed by the chair and Mary Mason said she is appointed by the Attorney General.  Jarboe said we can anticipate new positions.  Seri said we will have to see how new people look at the same issues.  Raley asked how much land is RCA, and was told it was almost 31,000 acres.  Mary Owens said maybe giving a TDR for outside the RCA is a compromise.  Mattingly said the BOCC  wants everybody treated equally and fairly.  He has a serious concern about the interpretation.  He said he could take all 3 attorneys in the room out of the room and get 3 different opinions.  He is concerned about the same thing the Farm Bureau is complaining about.  He is concerned about interpreting the law the way you feel it was meant.  Seri said in Queen Anne’s County the commissioners were concerned to keep viable farms.  So in the Critical Area the County created TDR’s to be used at a one per 20 rate in the critical area.  The County didn’t want to flood the market with old development rights from unbuildable lots, so they don’t get TDR’s.  Queen Anne allowed farmers to have TDR’s for RCA at a one per 20 rate.  The Commission is 29 members, all but 7 represent local interests.   The Commissioners try to apply the program fairly.  McKay said the total concern may not be resolved but part of it has been.  The next item was burial grounds.  Seri said local ordinances have permitted uses and the Ca Commission has tried to work with the counties to see if permitted uses fit.  In Anne Arundel County they couldn’t reach an agreement.  So Anne Arundel allowed the uses up to 15% impervious surfaces.  It’s not the Commission’s intention to imply that it has any regulatory presence over personal burial ground.  The limitation is for commercial burial grounds.  Mattingly asked how this applies to Charles Memorial Gardens and St. Aloysius Cemetery.  He asked Veith and she said they would be grandfathered.  If they want to expand past 25% it would require growth allocation.  Seri said this would apply only to roads, buildings, etc.  Mattingly said he was concerned about an interpretation.  Seri said he thought expansion of a non-conforming use was up to 50%.  Seri said he understood that St. Mary’s operated on 50%.  Norris noted that in the RCA expansion would be limited to 15% or 25,000 square feet.  Headstones are impervious, said Norris.  No, said the Critical Area folks.  McKay muttered about getting the headstones out of the roads.  The next item had to do with charter boat fishing.  Seri said the CA Commission thinks the places in the RCA that about 12 customers with cars would create a node of commercial activity.  The Commission thought 18 was beyond a home occupation.  He thinks if the BOCC would like to have staff explore again with the Commission so as to see if agreement can be found.  Jarboe said the standard fishing boat is 6 passengers.  Above 6 passengers, the next level is 49 passengers.  99% of the “head boats” are 49 passenger.  The next level is 2-300 people.  Our fishermen have a designation of up to 49 passengers.  You can have two six pack boats or one 49 passenger, Jarboe continued.  It is more economical to run 25 passengers on a 49 passenger boat than to operate two six pack boats.  Jarboe said we need to work this out.  How can we allow the one 49 passenger boat instead of two six packs.  Seri asked what the best thing is to do.  Mattingly said the assumption is that everyone comes one at a time in a car.  They are not all going to drive one at a time.  Seri agreed that the Commission was assuming 18 cars.  The Critical Area Commission lowered the number to 12 based on a hearing in St. Mary’s County is what we learned in response to a question from Comm Raley. Veith said several people commented that allowing 18 people coming into a neighborhood was excessive.  McKay said he wonders if they shouldn’t reconsider it.  Seri agreed and asked for the additional information Jarboe provided.  Raley said they come in groups.  They leave early and drive straight down to fish.  Raley said his concern is that there are people who take out charters.  He wants to preserve that.  They agreed on a reconsideration.  They next addressed restaurant issues.  Seri asked to have Veith explain the issue.  Veith said commercial docks are defined as a facility which could offload.  The Commission has asked to have RCA removed.  It doesn’t mean you can’t have a commercial dock at a restaurant, but if you do, the restaurant can’t be in the RCA.  Maybe there is a mistake in mapping the area in RCA.  They deal with this issue frequently.  If existing commercial sites are in the RCA, they should be LDA.  McKay asked for an example.  Veith wasn’t able to provide one for a minute, but said the Fox Harbor Pier.  Raley said he thinks this is a non issue.  Mattingly asked why gas is not permitted at a community marina.  Seri said the General Assembly was concerned about having commercial operations in the RCA.  Mattingly talked about the old Leonardtown pier.  If you went into Breton Bay, they couldn’t put fuel there for their own consumption.  Seri noted that section is now in the statute.  The next item was worker housing.  McKay asked Sue Veith for a specific problem.   Veith said what if migrant workers had continuous crops.  Seri said if the structures are dwellings . . .He continued the Commission has always been concerned about continuing family farms.  They are now accessory uses.  It was agreed that 8 people would be an EDU for sewage purposed.  Seri said if the farm were sold these would no longer be permitted uses.  He will take that one up with the Commission.  McKay noted that pretty much addresses the concerns.  Veith said the TDR issue seems to be transferring the right in the RCA.  She asked if we should change to language to prohibit transfer within the RCA.  McKay asked for the language as a draft as well as the other package.  Raley said he’s inclined to agree-not like but agree.  Raley asked about the philosophy about growth allocation.  He likes to guard the “money in the bank”.  He envisions increased demand.  He thinks it’s the CA Commission’s goal to have the counties use up the growth allocation.  Seri said no, we don’t want it used up because we don’t know what will happen if it is used up.  He continued by showing how flexibility in TDR’s Queen Anne County was able to give farmers flexibility.  On the lower eastern shore, Somerset County wants any kind of development.  They are using up their allocations.  Raley said a developer took a part of a parent tract and developed it.  That would require using the entire tract receive growth allocation.  Seri said the CA Commission has focused on the on dwelling unit per 20 acres.  So if you have a ten acre lot and you can build one house.  If you take out a one and one half acre lots, you had only ten acres to start with.  You are not in keeping with the character of RCA.  In St. Mary’s County, we could not reach agreement about deducting one and one half acres on a parcel that was less than 20 acres to begin with.  The one and one half acres was not the entire lot.  If a three acre lot was created, it should all be in the growth allocation.  Raley said you spend too much time in Annapolis.  You need to come to St. Mary’s more often.  Seri said he would like to do that.  Mattingly asked about Leonardtown Wharf.  If we eliminated the TDR from a rural lot, could we use TDR’s to accommodate.  The answer was they will need growth allocation to get to IDA.  Mary Owens noted that the property could be as much as 80% impervious surfaces.  She said they would need about 3 acres.  Mattingly asked if there would be credit for a public green.  Owens said they will get credit toward stormwater management.  McKay thanked them.  </div> <div>   </div> <div>                                      </div> </td> </tr></table></body>