BOCC 3/11/03

<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>   |   <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>   |   <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>   |   <B>BOCC 3/11/03</B>   |   <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 3/11/03</I></div> <div> When I arrived the BOCC had completed the invocation and pledge, agenda approval, approval of bills and minutes.  These activities were followed by a proclamation for the Read Cross. </div> <div> Next came a series of  presentations on youth art  month.  Lyn Morgan, Director of Fine Arts for the schools system,  said that they have a significant endowment that produces three $5,000 scholarships for students who major in art.  Cory Clark won for Chopticon High School and presented her essay.  She said her passion is collecting.  Now it’s shells and rocks.  She will major in art and archeology. We saw four of her paintings and drawings.  Two were striking.  Amber Hughes of Great Mills was next.   She wants to major in photography.  Amber said most of her pictures have cats in them, and the ones we saw all did.  The work was striking. From Leonardtown High School,  Lisa Brown was the winner.  Lisa intends to major in graphic design.  She has done two lighthouses, because her mother likes lighthouses.  The schools are celebrating Youth Art Month.  They had student art at the North End Gallery.  They also have the Superintendent’s art Gallery at the Moakley Street Building.  There will be a gala tomorrow night at 6:00 PM.   They were presented with proclamations from the BOCC.</div> <div> Phil Rollins was next with a presentation about the BMX bike track.  Lisa Russell, president of the local BMX organization joined Mr Rollins.  Rollins reiterated the history of the event noting that the Board had some questions about use of Chaptico Park - traffic, insurance, etc.  They would bring back the St. Andrews landfill or the north airport site.  He then began answering their questions.  There will be 50 events per year.  During the school year there would be Sunday races, each week.  In the summer there would be two a week.  There would be about 75 - 100 cars with two to three hundred people.  For two larger events there could be 300 cars with about 600 people.  Most attendees would be from the southern Maryland area.  The parking area would need to accommodate 300 cars for the two larger events.  There could be a future larger event.  The liability insurance is provided by the BMX group.  They understand they would be required to fence the track.  This is bicycles, not motorcycles.  No overnight activities would be permitted.  Rollins said they would have preferred a place on the 235 corridor.  But the events are one day events.  They have a letter from the FAA that didn’t impose restrictions on that site.  Comm McKay asked if the recommendation is still Chaptico.  Rollins said in terms of County parkland, Chaptico would be the place.  If not on parkland, the north parcel at the airport would be the choice.  He continued the BMX group would have to do design work.  McKay said we would not provide parking for the BMX.  Rollins said the future parking area could be used to create informal parking.  When the large events take place Recs and Parks expects not to have a soccer event.  Care of the property in terms of grass cutting, picking up trash, would be the responsibility of the BMX group, said McKay.  Rollins said the contract will ensure that the property is maintained.  He added that we would not be in the arrangement without a contract.  Mattingly asked what percentage of the riders would be from the County.  Russell said they lost a lot of local racers, but they expect them to return.  If they do 75% of riders will be from St. Mary’s County.  Mattingly asked if the airport property were cleared and was told no.  If you were required to clear the property, could you, Mattingly asked Russell.  It would take longer, said Russell.  Do we have an official opinion asked Mattingly.  Erichsen said that some airports that have spectator sports nearby have been shut down.  Erichsen said the FAA responded that there are no restrictions pending.  That, he said, is the best we will get.  Mattingly asked if we could accommodate them for access at the landfill.  Erichsen said the vehicle maintenance and operational areas needed to be fenced.  Parking would have to be on a closed landfill and special permission would have to be provided.  There is no electricity or water.  The future expansion area could be used. The BMX people, said Erichsen are looking for a permanent home and the landfill site cannot be a permanent site.  Erichsen mentioned that one is at the end, the other at the side.  The one on the side is preferable.  Miles Village Drive provides direct access.  The BMS group could negotiate with the residents and there seems to be no problem in early discussions with residents.  Wetlands are present, but not on the part of the property to be used.  We do not need all the property at the end.  It could be used, but that is not recommended.  There is water and sewer at the airport.  McKay said that brings it down to two sites.  McKay said they had intentions of added the property to the industrial park there.  The airport committee said things should be done in small stages.  Mattingly asked how difficult it would be to get permission to park on the landfill.  Erichsen said it’s a rezoning, permission from the Board of Appeals, permission from the Maryland Department of the Environment.  Jarboe mentioned the former skydivers.  Erichsen said the BMX bikes don’t go as high and are on the side of the airport away from the approach patter.  Mattingly said he has concerns about getting the park going.  Putting it there would cost at least a season.  Mattingly said he would like to find a permanent spot and he doesn’t believe the Chaptico Park is the right place.  Dement said the airport is questionable, the landfill could be a long drawn out procedure.  Dement said if the track causes a problem, he would like to have the possibility of moving it later.  We hope it won’t create a problem, but you never know.  He would like to have another week.  Rollins said we want to make sure the County is protected, but give the BMX group what they need.  Mattingly asked about trees on the property at the end of the airport.  Erichsen said there are fairly large trees.  A contractor is clearing an area to accommodate the AWAS requirements.  It’s a valuable piece of land to the County said Mattingly.  It has good access.  McKay said there would have to be agreement with the residents.  One of the five families doesn’t want anything there.  Russell said they will help.   maintain the road.  McKay said he thinks a spectator activity should not be near the airport.  Jarboe moved to place the BMX track at Chaptico.  Dement seconded with the understanding that the agreement be approved.  Jarboe said the BOCC will be approving the agreement.  Mattingly said he supports what they are trying to do and apologized for the time it has taken.  He doesn’t think it’s the right spot.  Mattingly said he would support the property by the airport if the community is agreeable.  Ms. Russell said they are flexible and there have not been conflicts.  Raley said he doesn’t support the motion.  The soccer needs are to be taken care of by Chaptico.  He wants everyone to understand that’s not the right site, but he does support BMX biking.  The family that lives there has concerns.  He thinks the wood treatment plant site is a better place.  Jarboe noted that BMX bikes are an individual sport.  He likes the public-private partnership.  McKay said he will support the motion.  McKay said 1,000 cars will come for soccer.  The two hundred for the BMX are a small park.  The vote was 3 - 2.</div> <div> The Solid Waste Advisory Committee reported to the BOCC.  Since I chair that there are no notes for this report, The Committee was tasked with taking a look at the Exclusion Zone to determine whether it is still applicable.  </div> <div> <B>Next came the discussion of “Page Paroperty”.  </B>  Raley asked if the County were to retain the TDR’s from the property, what would happen.  I couldn’t hear the response.  They are waiting for TDR’s.  Then they will advertise the property for sale.  It is 23 acres.  If you want to withhold the TDR’s, you may, said Norris.  McKay said he thinks it makes sense to retain the TDR’s. Raley made a motion to that effect.  Mattingly seconded it.  There has been a request from the ag preservation people to retain the TDR’s.   McKay asked if a potential buyer wanted to build a house, could he.  Norris replied there is nothing in the Zoning Ordinance to preclude application on TDR’s to a property.  With respect to the King’s Christian Academy, McKay said the Planning Commission has another meeting to take an action before we take it up on the 24<FONT SIZE="1" COLOR="#000000" FACE="Arial" >th</FONT>.  Raley said the Ethics Commission has cancelled the meeting.  McKay said we presume innocence so far as an ethics complaint is concerned.  Comm Jarboe said in this situation a week’s delay won’t hurt.  Mattingly asked about the issue of Clearbrook Farms. Norris said one issue is the modification of the proposal since the Planning Commission Approval.  There is an issue about whether the entire site visit was videotaped so the new BOCC could see all the comments.  Monday the 24<FONT SIZE="1" COLOR="#000000" FACE="Arial" >th</FONT>, the BOCC meeting is being held in the old State House in <B>St. Mary’s City in celebration of Maryland Day.  Tuesday they will be at St. Clement’s Island for celebration of Maryland Day</B>.  There are two documents to approved.  The Lease agreement with S.M.Hangars and the Assignment of Rents agreement.  They were approved.  The vote was 5 - 0.</div> <div> There was a budget amendment to realign funds ($749).  Jarboe moved and seconded and the vote was 5 - 0.  Blazer Custom Construction was awarded the contract for the College of Southern Maryland Humidity Remediation project.  Since the contract is over $1,000,000, the Board must approved it.  McKay said he is concerned that there is only one bidder.  He knows that if contractors feel the county doesn’t want them to do work, the contractors won’t bother to bid.  Mr. Lacer said we need to proceed.  McKay asked how much room for overrides is in the contract.  Lacer said this is a remediation because of deficiencies.  There is a possibility of recovering the costs.  Kramer said there was a great deal of effort to contract companies.  Lacer said there were contractors who participated in public sessions.  This contractor attended those sessions because he had not participated.  When bids were taken, one contractor was minutes late.  Jarboe asked how late the bid was and was told minutes.  The one we have is the only bid.  Jarboe asked what if they waited until summer instead of beginning during spring break and was told the College looked at that and found it would interfere with programs.  Raley said the cost is below the engineer’s estimate.  There is mold in the building.  Jarboe said he won’t support the motion.  He thinks it should be rebid.  McKay said this contractor will use subcontractors to do the work.  The vote was 3 - 2.  Jarboe and McKay dissented.  They broke for lunch.</div> <div> After lunch the BOCC <B>took up the Elms Beach Management Plan.  </B>  The plan protects certain sensitive areas in the park.  There has been a hunter in the environmental education site.  They want to prevent that.  Comm McKay asked how many people had spent the night in the house.  No one replied.  McKay said it’s a long two day activity.  The BOCC was asked to adopt the plan and then the lease agreement.  It has been 25 years since the activity began.  The motion to adopt the plan was made by Comm Mattingly.  The vote was 5 - 0.  The plan serves as a guidance document for the users, said Grimm.  The lease agreements will be prepared for a later time.  Dr. Richardson, our Superintendent of Schools told the BOCC that Marian Chapman is our environmental program.  It’s important that children learn from a young age that the environment is a special gift.  It’s wonderful to see the excitement of the children as they discover the facts about our environment.  This program has been her vision and touched thousands of lives.  Comm McKay said it was a good experience for him as well.  Peter Dunbar is the director of the power plant research program.  He pointed out that there have been a lot of changes in the utility industry since Comm McKay’s father signed this agreement.  We were very adept in partitioning this site.  If something is proposed for that facility.  The Panda Plant produces $2,000,000 in property taxes for PG County.  If we need it you should get revenue.  </div> <div> <B>Mr Lacer returned to complete the County Administrator’s Agenda.  </B>He was seeking authorization to have Comm Pres McKay sign a claim letter against Frontier Insurance for the County to conclude the roads.  There is a dispute between the developer and his contractor.  The Board recommended that Mr. Erichsen give them until March 1.  The work has not been done.  The motion to send the letter was made and seconded.  The vote was 5 - 0.  There were 5 road acceptances with speed limits and stop signs.  They covered Porto Bello Estates, Hidden Acres, Long Estates, and Hunting Quarter.  The vote was 5- 0.  The next 4 items were public works agreement addenda and one agreement along with letters of credit.  The vote was 5 - 0 in favor.  </div> <div> The next item was to approve the Urban Boundary as drafted by the State Highway Administration.  McKay said Golden Beach is the only Urban Boundary.  Erichsen said the Chesapeake Ranch Estates area extends down route 4, across the bridge and down route 235.  This area is the Maryland Department of Planning’s orange area.   Erichsen said they have followed natural features.  Any State roads withing this boundary in able to receive Federal aid.  Chancellors Run Road is within the boundary.  McKay noted there are 20,000 people at the Ranch Club.  McKay said it’s a shame we couldn’t have more of Route 5 included.  Erichsen said there is a combination of geographic boundaries and population areas.  Mattingly asked if the boundary went to Hughesville and was told no.  Mattingly asked if signing the letter would commit us to the area.  Erichsen suggested they sign the letter with the caveat that they come back on the Route 5 area and Hughesville. </div> <div> This item was followed by a request for improvement of a loan for the Murray Road Revetment Project.  We have to submit an addendum to take the amount down from $100,000 to $90,000.  Erichsen said they will be substituting bushes for trees with the permission of the State.  That will further limit parking in areas where we don’t want it.  The vote was 5 - 0.  Next came the Resolution establishing the changes in the Zoning Ordinance.  McKay said he would prefer to enact the ordinance changes before setting the attendance zones.  We don’t have the authority to do that until we enact the changes.  Raley moved adoption of the amending ordinance.  It was seconded.  The vote was 5 - 0.  Jarboe said this is just the beginning.  He expects more changes.  Comm Mattingly noted that it will be revisited on a regular basis.  It took more than four years to write it. In the next item the BOCC established the attendance zones.  McKay said this resolution retains the current guidelines.  We can adjust that at a future time.  Nothing was resolved.  Grimm said the numbers in the 5<FONT SIZE="1" COLOR="#000000" FACE="Arial" >th</FONT> whereas clause. have been used for years and have remained constant for years.  Raley moved to adopt what was written.  Mattingly seconded the motion.  Comm Jarboe said he was prepared to move with this as a good compromise.  Jarboe said he received a call from Christie crying about her house.  We need to require these builders that are building poorly built homes to do it right.  We are doing a tour of her property.  We have to find a way to hold these people accountable.  The vote was 5 - 0.  </div> <div> <B>The next item was the Sheriff’s legislative proposal.  </B>McKay said he would ask everyone to submit their opinion on the Sheriff’s newest proposal.  Mattingly said he doesn’t object to the restructuring but it is contingent on budget availability.  He thinks it’s important to the Sheriff.  He would approve the command structure.  He has problems with the budget.  Dement said he has no problem with the structure, but this may not be the year for this.  Sheriff Zylak said at this stage the funds have been cut out of the legislative proposal.  He asks that the proposal be sent to Annapolis so that next year it can be approved.  He will phase the proposals in.  He is not expecting funding.  Comm McKay said everyone at the table wants to do the best they can.  They know how to run the Sheriff’s Department.  But do you restructure every four years?  For him, he knows there are no funds for this year.  It gives an opportunity for additional dialog and resources to address the command structure.  We owe it to the County to address this issue with as much information as we can get.  Comm Raley said he had opposed the earlier proposal because he thought more dialog was needed.  He thinks that’s still the case.  Mattingly said he’s not sure why we should have legislation that binds the Sheriff to a number.  We should be sending legislation like Charles County’s - that it’s determined by the Sheriff and the BOCC.  He thinks we should remove the requirement.  They will not support the bill.  There were a number of appointments.  </div> <div> <B>Next came commissioner time.  </B>Comm Mattingly said he celebrated a birthday for Cameron, his 7 year old grandchild.  He is looking forward to the youth art display at the Board of Education building.  The next Breton Bay Watershed meeting is March 19 at Leonardtown Middle School.  Comm Jarboe said he will often question information technology bills.  Jarboe said you can now hear commissioner meetings on the web site. He suggested that the newspapers can now check the quotes.  Video is coming soon.  Comm Raley said he attended the Farm Bureau Banquet.  It was well attended.  He congratulated John and Lucille Sivak who received the farm family of the year award.  He congratulated 3 new eagle scouts.  In this week’s bills he asked for copies of the ads in magazines.  He thinks the brochures by Tourism are “good pieces of work”.  Raley asked if one bill had been paid twice.  He wants revisions to the Herald Estates speed limits.  McKay said there was a request in the mail log.  Raley said he got it at home.  Thursday there is a tour of the County with Karen Smith of the Governor’s Office.  Monday we need to finalize the budget.  Mattingly said instead of fine tuning the budget and adjust that out of the reserves.  What the State does may throw everything out of the window.  He would like to have priorities honed in before they go to public hearing.  They will discuss tax sale court cases under litigation.  </div> </td> </tr></table></body>