BOCC 2/25/03

<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>   |   <A HREF="id105.htm" TARGET="_top" TITLE="BOCC 2/11/03"><U>BOCC 2/11/03</U></A>   |   <A HREF="id106.htm" TARGET="_top" TITLE="BOCC 2/18/03"><U>BOCC 2/18/03</U></A>   |   <B>BOCC 2/25/03</B>   |   <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 2/25/03</I></div> <div> The meeting was called to order at .  After the invocation and pledge, the agenda and minutes were approved.  The children from Hollywood Elementary School gave a presentation to celebrate African American History Month.  The Hollywood Singers and Shannon Henry were introduced by Lynn Morgan of the school system. Afterward McKay told the children that the BOCC provides tax dollars and guidance to the staff.  He added that they provide the money for schools.  </div> <div> After the presentation, came <B>County Administrator time.  </B>The draft agendas were approved.  Lacer noted that the March 4 agenda contained the disposition of the Paige property.  McKay called their attention to the tour of the Wicomico Shores Golf Club.  He has requested that everyone pay for his own lunch.  Next came Dan Carney and Pat Richardson to present a categorical transfer of funds and revenue adjustment to the general and revolving funds for FY 2003.  Dan Carney noted that they have students that go outside the County for instruction.  Education for these children is expensive and the cost is shared by the State.  The change is to reflect the State revenue.  They fund every salary at the average rate.  Sometimes people come in at less than the average.  There is also usually a loss of special education teachers, but this year they have found people and needed extra money.  However, they have a shortage of building maintenance personnel so have used that money.  They are setting up a new system for valuing assets which results in a lower value for capitalized assets.  In addition the need for raw food has increased over budget, and meal counts are going up.  The money being transferred will be replaced when the food is used up.  The vote was 5 - 0.  The Office of Community Services brought a memorandum of understanding (MOU) for put a VISTA in the SMARTCO program.  Raley asked if the legal issues had been resolved and he was told yes.  Norris said the continuation of the MOU has been addressed.  The vote was 5 - 0.  The next item was the St. Mary’s County Occupant initiative.  The funds will be used to purchase a trailer to enhance the highway safety program, and to put ads on our STS buses.  McKay asked if there were a vehicle to pull the trailer.  The reply was that the Sheriff’s Department has an SUV that can pull this.  McKay asked about the list of tasks.  The Highway Safety person said she already oversees another grant and will take care of the tasks.  Raley asked if tickets would be written.  The Highway Safety person replied that people being improperly secured costs a lot of money.  She said this is nothing new.  They are already doing this.  McKay asked how many times this trailer will be used.  She replied there are 10 child safety seat events scheduled and they anticipate 2 seat belt check points being done as well.  They have child safety seats.  McKay said he wished we had an agreement as to who is to pull the trailer.  He does not want staff to pull with their own trailers.  Mattingly said risk management could resolve the issue and moved approval.  Dement seconded the motion.  The vote was 5 - 0. Walt Biscoe introduced two new VISTA volunteers.  Paul Lloyd and Diet Win.  Phil Rollins came to present a $7,500 Local Management Board grant.  Bennett Connelly, Executive Director of the Local Management Board. was also present.  The money is to run the Teen Center After School Program and Twilight Camp at Chancellor’s Run Park.  The $7,500 is additional unbudgeted funds.  Tyrone Harris said there will now be $20,000 to continue the funding.  McKay asked and was told the money was spent on salaries.  He asked why there would be $4,000 travel.  Harris said they provide transportation to and from the park for students and also for field trips.  Rollins said they are picking up kids in Lexington Park and bringing them to the program.  Raley asked if the paperwork made the funds reasonable.  Rollins said it is now manageable.  The vote was 5 - 0.  </div> <div> <B>The next item was $50,000 for the bike trail</B>.  McKay said there was mention of phase I as the section beginning at Laurel Glen.  An amendment shows Newmarket - Charlotte Hall.  McKay asked why there was mention of the section from Pegg’s Road to Wildewood.  Rollins said we now have $150,000 that has either been appropriated or will be.  We have, said Rollins, $150,000 to do the trail from New Market to Charlotte Hall.  McKay said he didn’t think Comm Jarboe meant that the trail should stop at the Veteran’s Home.  Jarboe said they could extend it to the Senior Center, and that’s where we should look.  McKay said let’s clear up another issue.  Can the money be used for parking.  Rollins said it the money can be used for informal trail side parking.  State people have said they will have concerns about using this money for large amounts of parking when there is so little trail.  They said $10,000 could go toward parking.  Mattingly noted that if you can get to the senior center, you can use their parking.  McKay said we should not build a recreational facility that encroaches upon parking for other facilities.  McKay said they money can be used for a parking lot.  We should, along the trail, provide parking for this trail.  Jarboe said but you could add something next to the library.  Mattingly said what has complicated the parking at the library is the Amish Market.  We need to develop a safer environment for the Amish.  Rollins noted that Rohrbaugh has a parking lot in the capital plan that should alleviate the problem.  Rollins said the MOU would enable us to build a parking area.  Rollins said Hoyer’s office has offered to use TEA-21 money for additional funds.  Norris said the MOU only provides funding for the Veterans Home.  Mattingly noted we could use the County money to go further norther.  The motion was amended to allow the trail to go as far north as possible.  Mattingly asked if there were a match or if they could use money already expended as a match.  Rollins said he thinks they would use whatever we have already spent.  Raley wants him to come back with estimates of the match.  He noted the final cost for 4 miles of trail is estimated to be $1 million.  Dement asked if the business community could be included.  Rollins said they have already begun discussions.  On large property owner has already expressed a desire to work with the County.  McKay said we are looking for public private partnerships that make sense.  Mattingly asked for a time frame and was told Hoyer needs an answer by the end of the month, which is the end of this week.  McKay noted that forwarding this request to the Congressman doesn’t obligate us to accept the funds.  Raley, Mattingly, and McKay discussed the county funds that might be needed at length.  Mattingly moved acceptance.  Raley said he’s uncomfortable with doing that.  He doesn’t want to send stuff to the Congressman if we’re not going to accept it.  Jarboe said in this situation he agrees with Comm Mattingly.  We have set something in motion in the upper end of the County.  He thinks it’s important that we develop an alternative transportation system.  This won’t happen overnight.  The northern section is relatively easy. The southern end is tough, but he believes we can pull this off over the course of time.  McKay seemed to be reluctant, but said he supported the motion on the premise that the County’s participation is going to come from the private sector.  He agrees with Raley that the County doesn’t have the funds.  Raley said he hopes we are careful in dealing with the public about this issue.  He doesn’t want the same public reaction as there was in the north.  McKay said he wants a walking tour of the trail for a Saturday so the BOCC can talk to people who live along the right of way.  Mattingly said he would like to have money moved to this project from the parks.  The vote was 4 - 1.  </div> <div> Gene Carter of the Office on Aging brought a notification of grant awards and related budget amendments.  Carter said the State had asked for a 5% reduction in grants and Carter took $12,258 out of housing and senior nutrition.  The $7,740 is subsidy for people in small group homes that provide assisted living, but we don’t have an such facilities.  He knew that giving that money back wouldn’t hurt.  He chose the senior nutrition because he knew they could transfer money from the enterprise fund which is funded by Medicare waiver.  McKay asked why he applies for the group housing when he couldn’t use the funds.  Carter said he didn’t have a choice.  The State wanted him to have the money even if he didn’t have a licensed facility.  McKay asked if there were a licensed home in St. Mary’s County.  Carter said there is now one home, another who couldn’t do the home because her holding tank was 50 gallons short of the requirement.  This is a critical area in the County.  We need to have more of these small group homes.  McKay said he knows that Mary Mattingly on Chancellor’s Run Road is trying to set up one of these facilities.  Carter said he knew about the facility and would like to see more of these homes.  The vote was 5 - 0.  </div> <div> Robin Finnacom brought a Community Legacy Agreement to the table for $161,500.  McKay the property will be purchased.  The buildings there will be demolitioned.  There will be an $8,000 sf condominium and the units will be sold.  Finnacom said the money will continue to recirculate through the Community Development Corporation, and do more of these properties.  Raley asked if she were a member of CDC and was told no, that she works closely with the CDC.  Raley said it seems that the CDC is the redevelopment arm of County Government.  He thinks we should look at the relationship of the CDC and Department of Economic Development.  As long as the corporation remains strong we are ok.  McKay asked if we have any liability.  Norris said we are ensuring that if CDC can pay for it, we will.  McKay said there is no input from the County.  Finnacom said the application is a joint application from the County and CEC.  McKay said he wants to be sure the County is protected.  Jarboe asked if there are people living there.  Finnacom said the building is empty and has been for years.  Dement noted this is an eyesore for Lexington Park.  Mattingly said the original CDC revenues were money from the old Skipjack.  The vote was 5 - 0.  </div> <div> The final item was a budget amendment to consolidate available compensation funds from unfilled positions into the Commissioners’ reserve so as to provide funds to the Department of Public Works and Transportation and Recs and Parks to pay for snow removal.  McKay said the last snow cost the County approximately $90,000.  He continued to say we should have a bidding process for our workers comp.  Raley reiterated that there would be about $124,000 in the Commissioners’ reserve and Kramer yes.  The vote was 5 - 0.  </div> <div> Then the bills were approved.  McKay said there was not money to pay for snow removal until the budget amendment was passed.  Jarboe noted there was $11,000 for an information technology consultant.  Raley asked for information as to how a bill differed from LEGIT.  </div> <div> McKay told Jarboe he liked Jarboe’s tie, then said he loaned it to Jarboe.  </div> <div> <B>Next came LCDR Dave Seagle of the Navy Unmanned Air Vehicle Program Office.  </B>There will be an air demonstration in July.  Seagle showed us where we were two years ago.  The intention was to start small.  Industry was invited to come and see what we do down here.  The Maryland Department of Economic Development also participated.  They put a video up on a screen.  The wanted 2,000 people and got about 2,400.  They had invitations out to Capitol Hill as well as command staff from DOD.  This year it will take place July 14 from 8:00 AM to 4:00 pm.  Donald Rumsfeld is an invited keynote speaker.  There will be flight demos from 10:30 - 3:00 PM.  There were 8 flying participants, including Yamaha and an Israeli company.  Some people thought Webster field would be a good place to test their abilities.  This year they expect about 5,000 people and 16 demonstrations.  Webster is an easy place to provide security.  They want traffic management, Fire/EMS/St. Mary’s Hospital cooperation from the County.  There will be a Navy EMS unit, but they would like two.   Frequency management is very important, but they will do that.  The State and County highway departments will provide signs for traffic management.    They will ensure that the product to be demoed is airworthy.  There is a 6 member technical review panel.  The final approval comes from the commander of Test Wing Atlantic.  They plan to bring explosive sniffing dogs in the parking lots.  Flight safety is very important.  They will determine their capability to be safe.  Any safety officer can call a hold.  Every participant must have an incident plan.  There are ditch sites on land and in the water.  The Coast Guard will patrol the water ditch sites. They know who owns property.  The airspace is exclusive.  Liability is important.  Each flight participant must have proof of third party insurance.  So far 13 companies have expressed interest.  Northrup Grumman, Boeing, Yamaha, Shiebel, Aeronautics Unmanned Systems Ltd, Aerosonde, SAIC, Systems Research Development Corp., Airdrop Technology Team, Mmist, Marine Corps Warfighting lab and others.  Uav.navair.navy.mil is their web site.  McKay said the County will do whatever it can.  Seagle applauded the County for its support.  Raley said he attended it last year.  The organization was spectacular.  Everyone said they want to help.  There will also be a student UAV competition. </div> <div> Jim Curry of the Seafarer Chapter of the AUVSI will also sponsor a student competition on July 17.  They want to house the students at St. Mary’s College.  They hope to have 5 - 10 student teams.  Mel Powell is their University and College Liaison.  They have raised $36,500 to support the competition.  Students must present a written proposal which includes their safety plan.  They will take participants on a tour of the base.  They hope to recruit.  Jarboe asked if the student program were a public event.  </div> <div> McKay made some agenda adjustments.  He will be moving the Zoning Ordinance decision to after lunch.  <B>Rollins came to the table to present the choice for the BMX bike site</B>.  They have been working on this for more than a year.  The bottom line is that the site be located at the Chaptico Park.  The master plan called for a softball field there, but they have been able to more the softball field to another site.  There is an MOU to be prepared.  The BMX path will be constructed at the expense of the bike group.  McKay asked about liability.  Rollins said the liability will pass to the BMX group and answered a question about fencing by saying the area will be fenced.  McKay asked if there would be additional parking.  Rollins said there is a parking area which the County will not pave and the BMX group will use that until it’s paved.  McKay said this is a good example of a public private partnership.  Dement noted that the kids won’t get hurt.  Jarboe said kids get hurt.  McKay said he thinks it will be a regional activity.  Mattingly asked if there were to be a softball field there and was told yes.    Rollins said they have 100 acres of flat usable land.  Mattingly said he won’t support locating the site there.  He wants the tourists to come and have a place to stay He thinks there is a better location.  There are no hotel accommodations in that area of the County.  He thinks people who stay for the weekend will stay in Charles County.  It would better serve the County in a place where there are hotel and restaurant accommodations.  Dement suggested the Baggett Park, and Rollins said there’s not enough space there.  Rollins said they have looked at several sites in the California and Lexington Park area.  McKay agreed with Mattingly about where the better access is.  McKay said we should have a small unmanned tourist information center.  McKay said they have already looked at the other opportunities.  Raley said they said they would need less than 2 acres.  Now you say they need 5 acres.  Raley said he hopes the issues of trash, etc, will be worked out in the agreement.  He doesn’t see why they can’t put it on the landfill.  He will reluctantly vote in favor of the motion.  He will reserve the right to look at the agreement.  Mattingly said he thinks the proposal will cost more than expected because we will have to provide pavement.  If we give them property to use with a lease agreement, they must develop their own infrastructure.  Dement said it’s a solution to get started, but it’s going to grow.  McKay reminded them that they have been dealing with this for 18 months.  Jarboe moved to have the site approved.  Dement seconded the motion.  Jarboe said there was a PUD on the table to provide services.  Maybe they would bring it back without a transfer station.  Mattingly asked if they would supply the parking or we would.  Raley asked to have the Jarboe motion changed to direct staff to get an agreement.  Jarboe says we could either vote down the motion or vote on an amendment.  Rollins offered to go back and look at landfill sites.  Dement asked if the group looked at the landfill.  Rollins said the group thought the landfill site was satisfactory, but the zoning had to be changed.  The vote was 2 - 2 with Dement abstaining.  Mattingly asked how many attendees there were.  Rollins said there were going to be people from the region coming to ride.  McKay said softball tournaments often get the same number of people.  Mattingly asked that staff talk with Mr. Beasley to get some numbers on how many people come, etc.  He is open to reconsideration if he has numbers.  Rollins noted that the bathrooms are part of the site.  They will build wherever they are told to build.  It was agreed that Rollins would get more information.  Rollins said he would go back and look at the location.  The BMX group was divided, but they united.  Rollins said he thought they would be here today. </div> <div> After lunch Carolyn Luray brought the <B>Southern Maryland Travel and Tourism report</B>.  Kim Cullens, the events and marketing manager at St. Clements Island Museum joined her.  She is the marketing and tourism director for the St. Mary’s County Museum Division of the County Recreation and Parks Department.  Cullens said the Tri County Travel and Tourism Committee has member from each of the Counties.  Their goal is to increase tourism by 5% and to market the unique qualities of Southern Maryland.  Raley asked about the $23,000 to be carried over and transferred to Calvert County.  Cullens answered that Calvert is the treasurer this year.  They have placed ads in Southern Living and Historic Traveler.  They are very active with legislative initiatives and participate in the legislative reception.  There is a tri County web site: www.    .  They have a photo gallery on the web site.  They have capability to offer connection to each County’s web site.  There are suggested itineraries.  The Southern Maryland Travel and Tourism Committee is the only regional tourism effort in Maryland.  In 2001 visitors spent $162.41 Million in our County.  The thanked the BOCC who help to fund the committee.  McKay said he noticed the committee is made of 17 members.  He thinks we should have in all Southern Maryland hotels  there should be tourism running on closed circuit tv.  It’s on their list.  Is there access to the web site in tourism centers?  Carolyn said it’s on all the printed material.  We have a computer kiosk in the Planning Office.  McKay said web sites are more flexible and dynamic while printed material doesn’t keep pace.  In January ‘03, people spend 6.5 minutes on the web site.  Jarboe said the 5% is an achievable goal.  He thinks we should get tour operators such a Keller to work with us.  Luray presented the BOCC with gifts.  Raley said there is no mention of Pt. Lookout State Park in any material.  They replied the web site is flexible. </div> <div> <B>The next item is the proposed Comprehensive Zoning Ordinance Amendments.</B>  Grimm said he e-mailed the BOCC and drafted some language about adequate public facilities.  They start with the grandfathering provisions of Chapter 27.  Minor subdivisions shall have 6 months from the adoption of this change to receive all final approvals.  Mattingly asked if this would deal with all the problems.  Grimm said yes if you combine it with the changes to the subdivision regulations.  Six months he said is a reasonable window.  Grimm noted that in 1990 the period was extended three times.  He thought that was overly generous.  Six months or 12 months are reasonable periods in his opinion.  Raley said property owners should be notified.  If we can’t do that then we should consider extending it.  Grimm committed to making a good faith effort to notify those projects from the last two years that haven’t reach conclusion.  The extended the period to one year from the passage of this text for incomplete projects that have received TEC.   comments.  There is a proposal to change RCL and VMX at 25,000 and TMX make it 50,000.  Grimm said the RSC is a small existing developed site.  He thinks we would be hard pressed to find a site that would handle a building larger than 12,000 sf.  They struck a reference in a footnote.  Mattingly noted that there is a buffer of  75 ft in the mixed use zones.   The allowable footprint can be detrimental to a larger parcel.  McKay said that also had to do with buffers.  Mattingly said it had to do with FAR.  Parlett’s comments that you could get 16,000 on a 1 acre lot and 33,000 sf on a 3 acre lot.  He felt the bonus should be a % of sf rather than a set number.  Grimm asked to find it before we close.  They returned to the footprint discussion.  Asked how many RCL’s there were and was told 35 - 40.  The ordinance, said Grimm won’t allow you to add land to the RCL to make a larger RCL parcel.  Jarboe would like to bring the maximum footprint for RCL to 40,000.  Mattingly said he would be concerned with opening up.  If we are concerned about one property we should do a mapping change.  Mattingly said he doesn’t agree with the mapping of Mechanicsville.  It presents a problem the will create a strip.  Dement said it will create a problem with the others.  Jarboe said the section on the right was designated for a shopping center.  Now the buildings are empty because of a lack of diversity of uses.  Raley asked for a motion.  Jarboe moved to change the maximum sf by right to 20,000, up to 40,000 sf with TDR’s. Mattingly said the corrections should be made to the mapping of the Town Center when we do the Town Center plan.  Raley said he thinks doubling it is enough.  The vote was 3 - 1 with McKay abstaining.   Mattingly said 15,000 in the RCL by right and 25,000 with TDR’s. VMX 15 and 35,000 and 30,000 and 50,000 in TMX.  Jarboe thinks people in the RCL have been agreed.  The vote was 2 (Mattingly and Raley) in favor and 2 opposed.  McKay abstained.  Mattingly then moved RCL: 15,000 and  25,000, VMX: 15,000 and  25,000,  TMX:: 30,000 and  50,000.  The vote was 4 - 0 with McKay abstaining.  Grimm wanted to add per acre in the shaded area.  Beginning on page 50- 4.  Mattingly asked if residential development belongs in an Office Business Park (OBP).  Jarboe said people in Mechanicsville are concerned about having dense residential development.  A motion to remove the P from OBP was made and seconded.  The vote was 5 -0.  There is a change to permit people to have limited used for Recreational Facility #65 on p 50-14.  Jarboe said this makes it a by-right.  He is asking for an alcoholic beverage exemption for his race track.  He doesn’t think we need to go there.  He thinks it should be a conditional use.  McKay said Wicomico Shores Community Association opposes this proposal.  Mattingly said they have significant restrictions.  There is no other use with more restrictions.  He has a liquor license.  People can bring alcohol.  Mattingly said any future facility would have to pass the same inspection.  Raley said this race track has already given them 25% expansion.  They now want more expansion.  He thinks the Board of Appeals route is best.  It can be approved.  Mattingly said the people are there but there is no place for them to sit.  McKay asked if he would have to go for a new permission to replace current facilities.  Mattingly moved for change and Dement seconded it.  Dement said he doesn’t see that it needs to be changed.  McKay asked Dement if he likes to see people vote.  Mattingly said the speedway generates 170,000 tourists a year.  He’s been a good neighbor.  You should go and see what’s been done.  Jarboe said zoning is about having things you want in communities and things you don’t want.  He doesn’t want racetracks everywhere.   The vote was 4 - 0.  Dement didn’t vote.  The BOCC voted to make skating rinks and swimming pools permitted uses in RMX and TMX and add language to item 65.  The vote was 5 - 0.  The BOCC voted to remove “rail or ship” from item 89.  Item 102 covers this idea.  Jarboe said a marine terminal has to do with salinity of the water.  What we are looking at here is a smaller item.  The freight terminal works for the small guy and the marine terminal is what Myrtle Point might have been.  Grimm said he is trying to eliminate confusion.  He thinks the traditional uses of heavier marine is what is described.  He found it confusing as zoning administrator.  Mattingly said they would bring in tractor trailers and load them onto a barge.  There needs to be protections to the community.  Mattingly said you’re talking about an operation that would upset the neighbors.  There are narrow country roads which are not appropriate for this.  The was a motion to accept the change.  McKay agrees with Comm Jarboe, but he thinks we have to define what we mean.  Staff is seeking to make this change to clarify.  The vote was 3 - 2 against accepting the change.  Mattingly and Raley favored the changed.  There is a proposal to allow public safety uses in commercial marine (put an L in the CM column.  Raley offered that amendment to use 33.  The vote was 5 - 0.  On page 50-12, use 55 to be a permitted use in the residential mixed use district.  Staff says the RMX shouldn’t introduce retail operations.  To the extent this is a service business it would be consistent.  Jarboe asked why it shouldn’t be in the industrial district. Grimm said you can.  There is a motion.  The vote was 4 - 0 with jarboe abstaining.  The vote to allow accessory residences to be replaced in kind was next.  Raley asked if his small commercial structure could have a home next to his commercial structure.  This is the solution from preventing residences from being non-conforming.  Grimm said the alternative is to allow residences in the RCL and CM zones.  Raley moved and Jarboe seconded.  Grimm asked if that were to be a permitted use.  Raley said permitted.  The vote was 5 - 0.  Grimm noted that they would no longer need the accessory standards.  The were two changes proposed to mining operations - allowing the buffer to be smaller if the adjoining property owner agrees and to require only surface treatment.  There was no second to Comm Mattingly’s motion.  Raley said he doesn’t want to change the setbacks, but would allow surface treatment.  He thinks the Board of Appeals should make the decision on a case to case basis.  Grimm proposed language and the BOCC accepted it.  Jarboe said there are lots of small gravel pits on Amish farms that do not need any treatment.  The vote was 5 - 0.  Grimm said the changes on lines 29 and 30 of page 70-3 are editorial changes.  McKay said you have crossed out high school in section 70.11.3 d add 10% of capacity.  If you cannot meet adequacy without transferring capacity, said Norris, you would have a conflict.  We don’t want the standards to conflict with the adequacy standards.  A long discussion followed on what the language should be.  McKay asked why you are referring to the high school attendance zones.  They are really not high school attendance zones but service districts.  Norris said that’s the change we are making here.  McKay asked if we have to determine adequate public facilities for high schools.  Why in determining adequacy does it not refer to high schools?  Norris says it does refer to high schools.  McKay said you have to make sure that the adequacy is determined within their zone. Norris said we are trying to give you some flexibility.  McKay said first you do.  Then if it’s not there you can borrow.  They are broadening the policy for determining adequacy.  Raley said one person can borrow and kill another project in the area.  It’s a horse race, said Grimm.  Norris said the site plan is not complete and capacity cannot be allocated until the process is complete.  Mattingly said he doesn’t know how they can redistrict children from Spring Ridge to Leonardtown High.  You will probably redistrict again before we get more schools on line.  McKay said he is hesitant to get rid of the 3 districts.  The schools must be close to where we want them to be.  We don’t know what houses are going to be built where.  Even when they are approved, we don’t know when they will get built.  Mattingly said he doesn’t know how they can send children from Spring Ridge to Leonardtown High School.  Norris said each year the September 30 numbers are used to determine capacity.  McKay asked to defer this portion for a week.  Dement is concerned with the 105%.  He said he had a lot of response from the public.  He wants to go to 107%.  People thought is should be higher.  McKay said he would like to meet with Mr. Grimm and Mr. Norris so he understands this.  He is unclear.  He needs to talk it over.  Mr. Dement’s issue could be settled today.  McKay asked to move the discussion to next week.  We have, he said, a time sensitive issue for executive session.  Mattingly asked about buffering.  Grimm said we didn’t discuss chapter 60 last week.  McKay said we can deal with that.  McKay showed 3 200 ft wide lots.  Two lots gets a house.  The one in the middle is considered  there will be a 37 ½ ft buffer.  His contention is that you have taken the width of the property from 200 feet to 125 feet.  Mattingly says it doesn’t maximize the investment.  On Golden Beach Road you know the owner of the property next door is going to develop his property as commercial, but as long as it’s vacant it must be considered residential.  McKay asked if the lots could be dedicated, and Grimm said you would have to plat it.  Mattingly said could you go to the Appeals Board.  Grimm said you can do a confirmatory plat.  That’s a step most of them don’t care to take.  If you own all three lots and you want them commercial you would want it changed.  Grimm said you could bring all the properties for the site plan and get concept approval for all commercial.  Comm Jarboe wanted to go to Section 50 in regards to marine construction.  Where can a person park his pile driver?  Grimm said use #44 on 50-11 covers that.  Grimm said use #44 doesn’t allow that in the CM district.  Grimm said he would bring a proposal for next week.  Chapter 24 of the subdivision regulations changes the grandfathering provisions.  The motion was made by Raley.  The vote was 5 - 0.  Norris said he would like an effective date.  McKay said he would like to delay.  Raley said we are going to do more next week.  Raley asked about critical area regulations.  Where are we?  Grimm said we are working with Norris to draft a letter to the critical area commission.  </div> <div> <B>Commissioner time was next.  </B>Comm Dement said he went to Evans Seafood to present a proclamation.  He celebrated the 50<FONT SIZE="1" COLOR="#000000" FACE="Arial" >th</FONT> anniversary of the Lexington Park Rescue Squad.  Mattingly send wishes.  Jarboe said the 1990 board wanted a growth allocation.  They are doing a fine subdivision.  The process disappeared.  He doesn’t know why the ball was dropped.  He doesn’t know how they can move this forward, but Redmond has all the backup.  We have to make this happen.  Grimm said the project was approved by the Critical Area Commission.  If it needs approving he’ll bring it back.  Raley said the were 14 members of the Lexington Park Rescue Squad who made over 300 runs last year.  Raley said we have to have 4 lanes on Chancellors Run Road.  The Chancellors Run Road and 235 intersection is supposed to be finished in May.  He wrote to the State’s Attorney about the bad check program.  He asked for collection of the return check fee.  The change will be forthcoming.  He wants Mr. Lacer to report with a recommendation regarding the cable franchise.  He doesn’t want to make that mistake in the future.  There should be a standing committee that should make an annual report regarding how we are complying.  He would like Lacer to make a recommendation.  He hopes the Tourism people are there with a stand to encourage people to go elsewhere.  Jarboe made a motion to have the Information Technology bill paid.  He doesn’t want to raise a ruckus.  They adjourned into executive session for purpose of property acquisition, litigation re Lexington Manor, and personnel.  </div> </td> </tr></table></body>