BOCC 3/4/03

<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>   |   <A HREF="id107.htm" TARGET="_top" TITLE="BOCC 2/25/03"><U>BOCC 2/25/03</U></A>   |   <B>BOCC 3/4/03</B>   |   <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 3/4/03</I></div> <div> When I arrived, the BOCC was approving the minutes of the previous meeting.  They presented three proclamations - A Colorectal Cancer Awareness Month, Disability Awareness Month, and Purchasing Month.  Comm Dement attempted to read the colorectal proclamation, but couldn’t pronounce the word despite two attempts on the part of the Health Department folks to help him pronounce the word.  According to the presenters, there are 11,000 people with disabilities in St. Mary’s County.  Arthur Sheperd of Recs and Parks said here will be a kite fly on March 22 at the Governmental Center Grounds.  Carol Gallagher operates the procurement process.   </div> <div> <B>The next item was County Administrator time.  </B>Elaine Kramer brought four budget amendments.  The first closed some projects and set up two new capital projects, a roof repair and purchase of relocatables.  Both projects are in the current version of the FY ‘04 budget.  The majority of the relocatable money is for renovation of the annex.  Raley asked if the elected Board of Education had ratified the plan to move students.  Dr. Richardson said yes, it has been ratified.  Mattingly asked if the relocatables would be purchased and was told yes. The balance of the money is to purchase a larger unit for the ROTC program at Great Mills High School.  Raley said he’s torn because the idea of moving students from Carver to the annex is something he doesn’t agree with.  He will, however, go along.  Jarboe said our purview is to provide support.  The Board of Ed makes the decisions.  The vote was 5 -0.</div> <div> The next four budget amendments will deal with the deferral or amendment of 16 capital projects.  It is consistent with the work session. $2,853,093 was closed from projects.  The vote was 5 - 0.</div> <div> The next item was a reversal of a $58,000 grant award from the Maryland Department of Business and Economic Development.  The money will be returned to the State.  Mattingly said he will vote for the amendment even though he disagrees with the decision to return the money.  The vote was 5- 0.  </div> <div> The final item was additional funds to cover expenses incurred as a result of the Household Hazardous Waste Collection events of 2002.  Erichsen said there were drums sitting at the landfill that won’t be picked up until the bill is paid.  Residents are encouraged to pick up paint hardener and save the County about $9.00 a gallon.  McKay asked to have a bag.  Mattingly said there have been letters about not being able to dispose of liquid paint.  This product will help.  Jarboe asked where hazardous material would go and was told the contractor decides.  The vote was 5 - 0, with Dement voting late.</div> <div> There were three public works agreements.  The vote was 5 - 0.</div> <div> The final item is a developers rights and responsibilities agreement for Club Properties.  The option agreement has now been signed by Club Properties.  The prior board approved the developers’ rights and responsibilities agreements.  The current Board is being asked for approval to send the agreement to the Planning Commission.  The agreement will be considered by the Planning Commission.  Then the agreement will be referred to the BOCC.  The next PC data available is in April. McKay said the BOCC did receive an alternative proposal to trade the property at Myrtle Point for the property.  That proposal was turned down.  He continued saying hopefully we can now discuss the potential to purchase the property with other financial resources.  This Board needs to discuss encroachment.  We have to find other money.  Raley said a lot of work went into this.  It’s a shame it took so long.  Lacer said they need confirmation that the BOCC is in agreement with the process.  The vote was 5 - 0.  </div> <div> <B>The next item was Commissioner time.  </B>Comm Dement presented a proclamation to a NESEA retiree, Preston Hopkins.  Comm Mattingly said he and McKay went to Dave Abell’s retirement from NESEA.  They went to Annapolis to the Southern Maryland reception for the politicians.  Tomorrow they will have a presentation at the Board of Public Works.  McKay asked what time.  Mattingly said he thinks it is 10:00 AM.  Jarboe said Saturday night there were six groups at the Oakwood Lodge representing all kinds of music.  Gary Rue really organized a good event.  Comm Raley thanked staff for the exhibits and the citizens who came on the bus.  He enjoyed watching Comm Mattingly and McKay work the room.  Comm McKay said we often recognize the crews who clean our streets and sidewalks.  He added that generally all our employees do good work every day.  He knows there are transitions going on in Permits and Inspections and Planning and Zoning.  Those folks are following directions.  He would like to reiterate his desire to have letters drafted to the Navy Alliance, Patuxent Partnership, and the Chamber of Commerce, asking them to state their priorities in order of priority - what they think the BOCC should be aware of.  Karen Smith of the Governors’ office will be in the County on March 13.  He would like to see some direction to the Board of Education concerning fiscal ‘04, so they know where we are going.  MACO will be voting on the Governors’ video lottery terminal tomorrow.  He asked for comments.  He would like charter schools in St. Mary’s County.  We could be the leader.  It is likely the legislation will be passed this year.  He would like to see a charter school sponsored by a group near Pax that focuses on engineering and technology.  He thinks it’s a legitimate effort.  On April 4 he will be visiting with Doug Duncan and tour Victory Youth Recreation Centers.  Victory Youth is a project of the Archdiocese of Washington and they are interested in doing a St. Mary’s project.  Raley asked for a briefing on charter schools.  He referenced Erichsen’s memo re the waiver of the rubble disposal fees.  He agrees with the memo.  McKay said we all have to be accountable.  We can’t pay for everyone’s mistakes.  </div> <div> After a trip to Wicomico Shores, where the BOCC heard that refurbishing the existing building would cost $300,000 more than the proposed new building, the meeting resumed at 2:15.  <B>The next item on the agenda was the Economic Development Commission Resolution.  </B> The purpose of the resolution was to make changes in the structure of the EDC.  Joe St. Clair, President of the EDC, said they felt that a Planning Committee was needed to reevaluate EDC’s role in the community.  They felt they needed a leaner organization with the capability for a faster response.  In the past groups that have become a spin off from the EDC had the same people.  They felt that they could better spend their time focusing on BRAC.  They attended a governmental affairs meeting and you asked for the 10 most important issues, Mr. McKay.  You could go to the Chamber and get the 10 most important issues for each organization.  McKay said he listened to the full committee speaking to this issue.  He expressed concern about the quality of the people in the group.  The group includes Guy Curley.  McKay said perhaps the group is too big.  He would like the group to target some tasks.  The County Attorney redrafted the resolution and changed some language.  Mattingly said it is a complement to the EDC  that they can step back and make that change.  St. Clair said it was sad to know he would not serve on this committee any longer.  Some times there are appointments from previous boards.  Savich said it would be a smaller core group on the Economic Development Commission, but there will be a larger group to call on.  St. Clair said EDC met with the Navy at NESEA with the unmanned vehicles.  That made them rethink the EDC.  McKay asked Savich about financial disclosures.  Savich said disclosures will be required.  McKay asked more questions about how the new Council would work.  Savich said they plan to have an annual discussion of the structure and its priorities.  McKay said he thinks the reason for doing this is “leaner, meaner,” but we need more communication.  Comm Raley said Charles Hayden had communicated with him.  Raley thinks it makes sense.  St. Clair said they are facing the housing situation, and there should be a housing person on the Council.  McKay said yes, and BRAC, charter schools, agriculture.  St. Clair said they need people that are the leaders of these organizations, not secretaries.  The resolution was voted for adoption.  The vote was 5 - 0.</div> <div> Grimm said he hoped the maps of the school service areas would help.  Grimm began by talking about pile driver storage.  Jarboe noted that the category has been changed.  The commissioners, he said, didn’t vote to change the ordinance.  Grimm said he is offering alternatives based on discussion last week.  Mattingly asked if there were a definition of what the materials and equipment are that are to be stored in a commercial marine location.  How do we manage the equipment and materials?  Grimm said it can’t be in a critical area buffer unless there’s an overlay.  Mattingly was concerned about limits on materials and equipment that can be stored in a commercial marine area.  Grimm said anything that can reasonably be used in a commercial marine area.  Mattingly said he didn’t was want anything offloaded from “barges used for marine construction transportation.”  Mattingly said he thought it should be a conditional use.  Grimm said it wouldn’t be under this draft.  Norris said if it were a conditional use there would have to be a way it affects that neighborhood more than any other.  Mattingly said the Board of Appeals could set conditions to protect the neighborhood.  Jarboe said they were trying to help the pile driver operators not act like pirates, but have a legal place to dock their pile drivers.  Jarboe asked if a person can run a marine construction business in CM.  Mattingly moved to have it as a conditional use.  Jarboe said he thinks it should be a limited use in the Commercial Marine district.  The vote was 3 - 2 to have it a conditional use in the Commercial marine.  </div> <div> The final issue was buffer yards so as to allow concept plan reviews for contiguous lots to remove the buffer yards. If the concept is changed, the buffer yard shall be required.   The change was adopted.  The vote was 5 - 0.  </div> <div> Mattingly said he had given two items to everyone.  One was PUD’s in the O.P. and one was recreational facilities.  The use of residential PUD’s in O.P. was approved 5 - 0.  Use 65 is to be modified to remove the language about grandstands and also about accommodations/concessions, maintenance and repair to be conditional use.  Raley explained it as if the raceway wanted to extend the race area, it would have to go to the Board of Appeals.  If you want a grandstand, that would be permitted.  Jarboe said the key is the race track is still a conditional use.  The vote was 5 - 0.  </div> <div> The next item was Chapter 72.  There is a memorandum from John Norris, dated March 4.  McKay said the language has changed.  McKay recommended that the 10% borrowing be removed and the schools be allowed to go to 107% of capacity.  McKay said there is the issue of the high school attendance zones, whether the service areas should be the same.  McKay said it simplifies the issue.  Raley said he is hesitant to go to 107%.  He hoped the 104% would do the job, but the Chamber pointed out that their recommendations came out before this year’s attendance was known.  Raley moved to get the 107% and eliminate borrowing.  McKay said he thinks the high school attendance zones and the service areas should be the same.   Norris said the Board of Education has asked to have the BOCC establish service areas.  McKay asked what would be the basis.  Raley said when they have a service area, that should be the lines.  McKay said if a new facility opens they will move the areas based on the new facilities.  The motions for 107% and no borrowing are passed.  The vote was 5- 0.  Raley moved that section 70.11.2.B has Board of Education Norris said it sounds like you would like to follow the zones established by the Board of Education.  Raley withdrew his motion.  He moved to remove “the Board of Education” from 70.11.2.B so that the student yield will not be from the Board of Education.  Norris said the student yield comes from a 1990 impact fee study.  McKay said the alternative would be for the BOCC to set the yield.  McKay said you gave us Anne Arundel County.  If the motion passes, it will be up to the BOCC to establish the yield.  The Attorney General has said that our impact fee is a tax and doesn’t need a nexis. Norris asked about an effective date.  The resolution to approve the language will take place on the 24<FONT SIZE="1" COLOR="#000000" FACE="Arial" >th</FONT>.  </div> </td> </tr></table></body>