BOCC 4/8/03

<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> <B><IMG SRC="110b6790.jpg" border=0 width="182" height="121" ALIGN="BOTTOM" HSPACE="0" VSPACE="0"></B></div> <div> <B>BOCC opens 4/8 meeting</B></div> <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><B>  </B></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 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the minutes were approved.  </div> <div> The students were not present for their proclamation at 9:10,  so the Maryland Chief’s Challenge Months were proclaimed.  It was noted that traffic related injuries are the leading cause of death in the United States.  </div> <div> <B>The next item was the international building safety week proclamation.  </B>Mr Guyther said people should check the smoke detector batteries and know where exits are in buildings.  The students from Dynard Elementary came to make a presentation to the Commissioners about disabilities awareness month.  See the picture to the left.  </div> <div> <B>Next came the property tax credit to the spouse of a fallen rescue workers.  </B>The proposed credit is for the surviving spouse for 7 years after the death of the rescue worker.  McKay asked how that would be tracked.  Norris said there will be so few instances that he hopes it will not be abused.  Mattingly said it’s just another way to recognize our volunteers who serve the community 24/7.  Mattingly made a motion to approve and adopt the ordinance.  McKay said one of the best parts of his job is the opportunity to do good things, and this is a good thing.  The vote was 5 - 0.</div> <div> <B>Next came a departmental overview by the Department of Recreations and Parks</B>.  Phil Rollins began the presentation.  He brought Patty Myers, Arthur Shepherd, Bill Ball, Lydia Woods (acting Diector now replacing for Mike Humphries, the museums director) There are three Boards associated with his department - the Museum Board, the Tenn Center Advisory Board, and the Recreation and Parks Board. .  At the Golf Course there are 8 full time and 8 part time seasonal people.  He supervises 32 employees in all.  He is in the Administration division which oversees the Recreation Division the Parks Division, the Golf Division, and the Museum Division.  They oversee the grass cutting contract.  Wicomico Shores Golf Course is the best golf value in the Tri-County area.  The Department’s budget is $6,187,587, $2,304,557 from the general fund, and the rest comes from the enterprise fund. $1,073,648 comes from the golf course, and $2,809,332 comes from the recreation programs.  63% of the budget comes from fees and charges.  </div> <div> The Recreation Division has Leisure Programs, Youth Programs, Sports, Special Events and Inclusion Services, Special Facilities.  </div> <div> The Gymnastics center has been in the old K-Mart building.  There are over 600 gymnasts.  It’s a USAG sanctioned facility and program.  There are 10 locations for Before and after school and summer camp programs.  They have about 600 participants.  Summer Camp has about 300 enrollees.  Sports include adult co-ed soccer, men’s and women’s softball, over 35 basketball, youth baseball, roller hockey, youth soccer, football, etc.  Special Events holds the Scott Verbic Tournament, Spring Festival, Summer stock musicals.  Inclusion services makes certain that programs are accessible to those with disabilities.  They have a specialized summer camp.  They showed pictures of the construction of the skate park.  Arthur Shepherd said our sports programs are great because of the volunteers.  It’s a great model, with 10,000 children participating.  He talked about the teen program at Chancellors Run and at Hollywood.  There is a licensed after school program.  It’s all paid for by user fees.  They will be adding Banneker Elementary and Town Creek Elementary to their list of after school programs.  This year’s summer stock program will be L’es Miserables.  They hope to have on line registration for programs.  McKay asked if there were ideas about expanding the teen centers.  Shepherd said they are looking for a good facility at the right cost.  Rollins said there will be additional community space at Margaret Brent.  Bill Ball manages 20 parks and 14 public landings.  The division does facilities maintenanace, construction, operates parks and supervises, cuts grass and does grounds maintenance at school and public buildings.  Abell’s Wharf and Bushwood Wharf have been renovated, the John Baggett Park has been built, and Cardinal Gibbons Park has been renovated.  Bill Ball said he is a man of deeds and not of words.  Ball said it is a pleasure to see the kids out there using the parks.  McKay asked if the school board reimburses the County for work done at the schools and was told yes.</div> <div> Patty Meyers is the pro at Wicomico Shores who, it is said, has been fired.  There are golf lessons and leagues that play at Wicomico Shores.  There is a new irrigation system, a conversation to Bermuda Grass, a new maintenance, building and design for proposed clubhouse. He said they will need to replace golf carts and pave the cart paths. Patty Meyers noted that municipal golf courses have grown from 900 to 16,000 since 1960.  Her staff, she said, is hard working and dedicated.  McKay thanked Ms. Meyers.</div> <div> Lydia Wood is the new head of the museum division.  They have a sunken German Submarine off the shore of Piney Point Lighthouse museum.  Our museum division is accredited by the American Association of Museums.  They want to expand the museums to accommodate groups of schools children. They are working on a memorandum of understanding with the public schools to bring children to the museumc as part of their curriculum.  There is a new exhibit at the little red school house.  They have restored a 1915 dory boat which has been renovated.  A sonar study is being done around Pney Point.  At :Piney Point they found a Confederate schooner.  McKay asked if the Piney Point Museum will be ready for opening and was told yes.  </div> <div> Rollins said Nicolet Park is behind because of weather.  The Great Mills Pool is behind and will open in the fall.  The Three Notch Trail is under way at Route 236.Future plans include Master Plans for Cecil Park, Myrtle Point Park, and others.  McKay reiterated his concern about Patuxent River access for boaters.  Asked about Cape St. Mary’s, Rollins said he would check.  Future accesses are high on their list.  Raley asked and was told the water taxi would run Saturday and Sunday beginning Memorial Day.  Raley asked about the St. Inigoes Public Landing.  Ball said they will need to do a lot of dredging, and will use the spoils for beach replenishment.  He said MDE doesn’t want dredging done in the summer.  They can start in October, but the weather isn’t good and oystermen are using the ramp.  He said someone is going to have to suffer, and he thinks it would be the oystermen.  Raley asked if there are still complaints from the gymnasts because they must pay the rent.  Rollins said they made some adjustments which seemed to satisfy the users.  The next item on the agenda was the decision on Wicomico Shores.  </div> <div> <B>The next item was the Wicomico Shores club house issue.  </B>McKay said there has been a lot of discussion on this issue and he will let them finish the discussion.  Rollins said staff had recommended and the previous board has approved construction of a new club house at Wicomico Shores.  The bid has been suspended.  The Commissioners toured the facilities.  There is a problem with leaking, the HVAC is not working well, the electrical, plumbing and fires suppression systems need to be brought up to code.  Staff believes the facility needs redesign.  There is a disconnect between the banquet room on the second floor and having the kitchen on the first floor.  They think they need to do a renovation to remain competitive.  They will use $250,000 is cash from the enterprise fund and borrow $1.+ million.  They won’t have to jump up the fees.  He reminded the Board they would have to bring the contract to the BOCC as well as the financing.  McKay said regardless of what we decide today, it seems that if the recommendation is correct they have failed to inform the public and have the public think they are doing the right thing.  The public wouldn’t understand why the facility was being requested.  He would like to see a cash flow analysis to be certain the projections are correct.  He wants to see a 20% reduction in revenues and have it recover from there.  He recommends that they first have another public meeting at the club house and try to present fully the new project.  Rollins said he agrees that they did not educate the golfers and will do it again.  He thinks there is more information to present.  Commissioner Jarboe said they were given every reason to move out of the Court House by staff.  It’s important to listen to the neighbors.  Jarboe said he supports renovation.  Ken Dement now has a cell phone. He was called from the table for the second time at this point in the discussion.  Mattingly said they have been discussing this for a couple of years.  He encourages the Board to look at Breton Bay.  Breton Bay had an old facility, but is similar to the proposed new design for the building.  The biggest piece of the desire to renovate is the sentimental value.  “My child had a wedding there.”  Would we be renovating to maintain its sentimental value?  We have done things that are not popular, but are in the best interests of the public.  He trusts the recommendation of staff and the County Administrator.  McKay said there has been considerable concern from a lot of the players.  Let us do a renovation plan.  He knows that the loudest voices are not necessarily the majority.  </div> <div> Raley said the tour was an eyeopener for him. This facility has a lot of people going through it, and we have to fix it in some way.  The status quo is not acceptable.  Raley said Jarboe has told him that he is in favor of privatization.  Jarboe said only the food service.  Raley said we have to do something.  He has had not calls of support.  If you look at the numbers.  It costs $1.4 million to tear it down and build a new one.  A renovation would cost $1.7 million.  We need to give those facts to people.  Dement said he wants to be excuse for the cell phone.  He doesn’t favor privatizing.  He would feel more comfortable with the public’s input.  Dement said they want it advertised.  Mattingly said please check with the PIO office so the BOCC can attend.  They will set up a meeting.  </div> <div> <B>Next came the County Administrator.  </B>He began with the draft agendas.  The Sheriff has $1,949 in funds that have been received, but not budgeted.  There was a motion to sign the agreement and accept the money. The vote was 5 - 0.  Next came public works agreements and/or addenda for four subdivisions.  Raley asked if usually takes 15 years to complete a public works agreement.  Erichsen said no, this one is unusual.  The vote was 5 - 0. </div> <div> Facilities Management came to the table to report on the status of the coffee bar.  Gary Whipple came to table.  Raley asked if the curb and gutter repairs would come out of our pocket and was told no.  Whipple said they had a coffee cart operation in early plans.  When a $48,000 surplus remained they got a design from a new architect.  They have meet with a coffee vendor, the Library Board, MetCom.  They were told they would have to have a 1,000 gallon grease trap.  The cost was excessive.  He got a waiver from MetCom for a small grease interceptor.  He has a project that does not exceed $36,000.  The vendor will supply the coffee making equipment.  The vendor is Real Latte.  The proceeds will be shared.  The cart is $7 - 14,000, but we would still have to do the electrical outlets.  McKay asked how large it is and was told 9' X 6'.  Mattingly said as much as he loves the Library Board, he does not intend to spend that much money.  McKay said do an RFP for someone to lease the area.  He thinks we are way off.  We will have to do a plumbing and electrical outlet.  There are kiosks the vendors can bring if there is a market for this.  Dement asked how they derived the demand for the facility.  You have to have demand.  McKay said he thinks there is an opportunity and he hopes someone from the private sector will seize it.  We will provide electrical and plumbing as well as grease collection. Raley said he had no idea it would cost this much.  Let’s have a private vendor.  If there’s a need, someone will do it.  Questions were asked about the need for a dishwasher.  McKay said let’s allow the private person to decide.  Mattingly said the Library Board should have the revenue.  </div> <div> The next item was the approve and sign 1 listings for 745 eligible, active volunteers who qualify for length of service awards.  If volunteer accumulate 50 points a year, that’s a year of qualified service.  After 20 such years they receive a length of service award.  The vote was 4 - 0.  </div> <div> The next item was gap pay for military leave.  Two people have been called out for over a year subsequent to 9/11.  More expect to be called for Operation Iraqi Freedom.  McKay asked and was told the positions are not being filled.  The Sheriff holds position.  Other areas may use temporary help.  Mattingly said there is an article about this.  It is a concern around the country.  Staff offered two resolutions - one for Iraqi Freedom only, and one that covers the two who were called after 9/11.  Jarboe said this is important to keep people serving.  McKay said there are two alternatives.  The first step is to decide if we will take action and then which to take.  The motion was to approve the one covering both 9/11 and Iraqi freedom.</div> <div> Next came the mosquito control request for $40,000 a year as a local match to the Ag Department.  Lacer noted the proposed public hearing includes this money.  Because of the public health aspects Lacer sought approval.  There was a motion from Dement to approve the funding.  Next came George Forrest to discuss the negotiations with the Critical Area Commission.  There were 4 issues that were especially troublesome.  Sue Veith met with staff and presented four proposals.  There is a draft letter to go to the Commission, but it has not been agreed to.  Veith said staff agreed to support it.  Staff will go up May 7.  They are seeking approval of the draft letter. Raley said his questions satisfy charter boat captains.  This would allow one tonnage vessel.  The captain can have 3 six passenger boats or one tonnage vessel.  Use number 97 will no longer be permitted in the RCA.  Veith said the Critical Area Commission thinks more than one tonnage vessel should not be in the RCA. Mattingly thinks he should be allowed to have two boats.  There should be flexibility for County Government to authorize a legitimate business out of his home, we ought to be able to do that.  Mattingly said what is proposed is better than what they had.  Veith said you have to fix it somehow.  The guy who has a 25 passenger head boat can’t operate out his private pier because of the parking.  Jarboe said people don’t operate a 25 head boat and a six pack.  Mattingly said they could have a brother or son.  Forrest noted that they can apply for a variance and it could be approved.  McKay said if you don’t do this the problem will be worse not better.  Mattingly said he doesn’t want to take a solution that’s not the right solution.  He thinks it’s ridiculous that a community marina can’t sell fuel.  Norris noted that what is now in effect is the prior set of critical area provisions.  The BOCC may have to hold another public hearing.  McKay asked if this is the result of negotiations.  Veith said they had bargained to this point.  Veith noted that the process will be streamlined and the critical area approval can run concurrently.  McKay asked about fuel pumps.   He said ask them CAC about a local variance.  McKay said they will park on the grass.  You can protect the environment and still to the growth.  You can do things if you do them right.  Jarboe said they can adopt a text change if needed.  He said fuel tanks are the last thing community associations want.  Veith said she hasn’t had a request.  Mattingly said there was one at Leonardtown Wharf.  He thinks it’s a restriction that . . if they want to do that to run their club.  Why make it more difficult. Veith said it’s a provision of State regulations.  We can deal with it through the State.  Veith said the State Law says it shall not be offered for sale.  There are several places where it exists McKay said they need to ask the question.  Forrest said he suggests we have Sue get with the CAC and let them know if it can be done.  They will review the tapes of the prior public hearing.  They will put it on the agenda before May 8.  McKay said he will put in on the agenda on May 29.  </div> <div> Robin Guyther and Bruce Young came to the table to talk about sediment and erosion control.  Guyther noted that the Soil Conservation District approves the sediment and erolsion control Plans.  MDE does inspection, but mostly on commercial development.  Where there is a gap is with single family detached home sites.  A year and a half ago, Bruce Young of Soil Conservation was asked what it would cost.  He determined we would need two inspectors.  He later modified Bruce’s numbers.  The annual cost would be $182,000 in addition to cars, etc.  The State will not give us the program unless we do it this way.  Two years ago the State modified the requirements.  Now if the disturbance is less than 5,000 sf, you don’t have to have a sediment and erosion plan.  If you disturb more than ½ acre you must have an engineered sediment and erosion control plan.  There had been complaints in regard to single family lots not being properly inspected.  The State would allow the Soil Conservation districts to do inspections, but MDE would do the enforcement.  Soil conservation would have to acquire office space, cars, etc.  They would have to charge $182 per standard plan to recover the costs.  They were instructed to find out what neighboring counties do.  McKay responded that they did receive the e-mail.  Guyther noted that they didn’t think 3 inspectors would be added.  They propose that when the footer is inspected, the inspector should not do the footer inspection if the sediment and erosion control is not in place.  They would call MDE if there were a problem.  The stabilized construction entrance now causes the footer inspection to not be done.  They haven’t done this across the County because they wanted to talk to the BOCC.  When they started the change before, people complained for about two months and then followed the program.  These aren’t certified inspectors, said Guyther.  McKay asked if this would relieve MDE of their responsibilities.  Guyther said we could add that to the contract.  They would have to be trained.  Young said they could not be enforcers.  What Guyther said is that they would withhold the footer inspection is it’s not in place.  Guyther said there is not additional cost.  It might cost them time.  MDIA won’t charge any more, said Guyther in reply to a question from Dan Raley.  Young said there have been issues with stabilized construction entrances where they were not necessary at the end of a 500 foot driveway.  Some lots do not require sediment controls.  They are flat, Young continued.  The topo could be off.  Guyther said they would have to tighten this up some.  It can’t be a blanket statement.  Young reiterated that the actual conditions on the site may not match the topo.  Jarboe asked about improvements to the property on a single family home.  Young noted that he should have had a permit and inspection and get an approved plan.  Whether he has implemented that plan, Young doesn’t know.  Young said there are two inspectors for St. Mary’s County.  They inspect sewage treatment plants, larger site, etc.  First priority is lots over 5 acres, then commercial under 5 acres, finally, if there is time, single family lots.  McKay asked to be kept informed about complaints.  </div> <div> Now it’s Commissioner time.  They are looking into the Commissioner district map, says McKay.  Raley said he joined the 7<FONT SIZE="1" COLOR="#000000" FACE="Arial" >th</FONT> District Optimist Club in celebrating their 35<FONT SIZE="1" COLOR="#000000" FACE="Arial" >th</FONT> anniversary.  Dement asked how Raley could overlook attending Jenks Mattingly’s retirement.  Dement said he roasted Mattingly.  Comm Mattingly also went to the 7<FONT SIZE="1" COLOR="#000000" FACE="Arial" >th</FONT> District Optimist Club banquet and went to the dedication of the Fire Training Center where he presented a flag.  George Fairfax is the senior training coordinator.  It’s the finest regional center, said Mattingly.  Jarboe said he went to Holy Angels/Sacred Heart School for a presentation, and their cable connection is not working well.  Jarboe asked to have a letter forwarded to the cable company.  </div> <div> McKay apologized to the 7<FONT SIZE="1" COLOR="#000000" FACE="Arial" >th</FONT> District Optimist Club.  He went to the ball held by the Office of Community Services, and then to the Tomorrow’s Child affair.  There is not a public forum tonight.  The next one will take place next Tuesday at the Lexington Park Library.  He reminded everyone that the proposed budget is based on the proposed budget presented by the Governor.  The legislature has passed the fiscal mismanagement down to the citizens of St. Mary’s County.  They will be forced to pay for legislators’ mismanagement.  While some people may think that businesses are national businesses and won’t suffer, many local businesses will be driven out of business.  As the elected President of the County commissioners, he knows they are working to see that everyone is treated fairly.  He had hoped to be joined by the local newspaper.  He doesn’t think the paper should proceed on speculation.  Aside from disturbing the work day and costing the County money, the Enterprise published rumors and upset the lives of three County employees and their families is disturbing.  The callous behavior of the Enterprise is unacceptable.  When a personnel decision has been reached, you will know of it through an open and public meeting of the BOCC.  We remain sensitive and cognitive to the needs of our employees.  A desire to break a story first does not affect the injury done by inaccuracies.  The discussions of executive are privileged and not released to any news source.  They adjourned.  </div> </td> </tr></table></body>