BOCC 4/29/03

<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> <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=131 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 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came a proclamation upon the retirement of Paul Wible, Director of Emergency Preparedness.  It was noted that he is a Hollywood native.  </div> <div> Next came a proposal to amend the County Ordinances to allow a property tax credit to the surviving spouse of a fallen rescue worker.  Comm Mattingly said this was brought to the attention of the Tri County Council that the enabling legislation for this ordinance had been enacting last year.  Several jurisdictions have taken up the opportunity.  Comm Raley asked about the term “fallen rescue worker”, is there a definition?  Norris said it is an individual who dies while participating in a fire or rescue operation, unless the death is the result of gross misconduct or substance abuse.  Bobby Ball of Ridge said he thinks this ordinance is commendable.  Fortunately St. Mary’s County has only had one member pass in the line of duty.  Ball would like to have to law broadened to include deaths not in the line of duty.  Heart attacks are a leading cause of death among fire fighters.  No one is tracking this information.  We need to think about the others who are giving their time to the citizens of the County.  The public hearing was closed and the record will be kept open for 10 days.  Norris noted that written comments can be submitted to PO Box 653, Leonardtown, MD 20650.  </div> <div> <B>Next came youth and art month.  </B>  Two drama students from Chopticon brought their presentations to apply for a drama major in college.  A number of Chopticon Students are now working as professionals.  Jessica Duncan was first, and Katie Peak was the second student.  The BOCC gave them a proclamation in thanks.  Comm Mattingly congratulated the basketball team.  <B>Dr. Icenhower came to the table to present an update on the state of health in St. Mary’s County.  </B>Icenhower said he had two issues.  First is percolation tests.  They need to complete 1,400 tests.  Darrell Caldano is doing an excellent job.  All tests have been scheduled, and the schedule has been extended to the first of May.  The Health Department believes it can complete all 1,400 tests.  Applications were cut off by February 21.  They have had 45 additional applications after the cut off.  They will make every effort to clear the board.  The second item is the West Nile Virus.  The Health Department is expecting more cases this year.  There is no immunization for the West Nile Virus.  People have to protect themselves.  There will not be a collection of crows this year.  The Department knows West Nile Virus is here, so there is no point is conducting more tests.  The Department of Agriculture will be collecting mosquitos.  The question is whether to spray.  Homeowners can get together to do this.  The question is whether so spray.  People in Calvert County have said they don’t care what the mosquitos may carry, they don’t want the mosquitos.  The cost is about $50,000.   We may not know what to do.  They want to put down a larvacide.  The Health Department wants people to empty any container which contains water to prevent larvae from breeding.  He can order spray, but needs funding for it.  McKay wrinkled his brow and said it’s a difficult problem for us.  Wasn’t the problem concentrated in McIntosh Run?  Icenhower said State wide, the people who died were not where the dead crows were found.  Many people, he said, get minor systems.  We have no idea how many people have been exposed.  Those who were now have immunity.  Comm Mattingly asked about storm water management.  Those ponds are the perfect breeding ground.  Could we treat those ponds?  We are creating breeding grounds.  Icenhower said the Department of Agriculture is working with the Department of the Environment.  Maybe we should put some guppies in the pond.  The guppies are very effective.  Icenhower said his department is working on storm water ponds.  The ponds are wetlands for birds and fish and wildlife.  Jarboe asked where someone would get the mosquito fish.  Icenhower said the fish are probably one of the best and most effective ways of controlling mosquitos.  Raley asked a question about citizens who call about decisions from the Health Department.  He said it’s not clear that citizens are being told about their rights to an appeal process.  Could you do an internal review and see if there is an appeal process.  He said he was very aware of the individual in question.  He pushed it as far as he could.  Icenhower said his policy is to get the thing to pass if it’s legally possible.  In her case we did that, but we do it in all cases.  </div> <div> <B>County Administrator time as next.  </B>Art Shepard came to the table to discuss the $27,704 grant for the New Horizons Summer Camp.  They have been able to request and receive additional funds.  If there are special needs in a regular camp they have staff to do one on one for including youth.  There is no county match for this program.  Public schools provide transportation for the children.  They have a $50,000 budget which includes fees.  It’s the same amount as last year.  There are inclusion services in regular camps, asked McKay, and he was told yes.  This Saturday is the High Hopes Awareness day event.  The vote was 5-0 to approve the grant.  </div> <div> A recording system for circuit court to replace the court reporter.  Judge Kaminetz said we have been hemorrhaging  money in court reporting funds.  This unit can do all four courtrooms.  It can be expanded at little cost.  Montgomery County has 30 court rooms that have gone to this system.  It works almost as well as a live court reporter.  Bill Tench, Court Administrator, was there to answer questions.  Tench said it will be a pleasure to handle this system.  The District Courts are using this system as well.  It’s a server and back up.  It runs on two tracks.  If one goes down, the other continues.  There is an uninterruptible power supply.  The system records all the audio.  They can use the existing audio wiring in the court room.  The system is automatic and runs all the time.  The clerk will operate the system, i.e. use the hot key to tag events.  If a witness is sworn, an interested party can find that witness.  Montgomery county has not had one technical glitch.  One can burn a cd if someone wants a copy of the record.  The record for juvenile proceedings can be sealed.  It has a lot of features.  Little special training will be required.  The system is scalable, one server can serve 4 courtrooms.  The cost is about $30,000.  The vote was 5 - 0.  Mattingly asked about archives.  Kaminetz said the record will be a cd instead of a stack of paper.  McKay thanked them for the savings.  He noted that Raley and Abrams need a table.  </div> <div> <B>The State’s Attorney came to ask for additional money for expert witnesses.  </B>The request is for $10,000.  This is a fund like the snow removal fund.  We can go for years and not need this money then break the bank with one trial.  Comm Raley said he will approve it, and he asked that the State’s Attorney not be so mean spirited when he makes a request.  The vote was 5 - 0.</div> <div> <B>Cynthia Brown brought a brant from alcohol and drug prevention.  </B>  She was requesting a budget amendment.  McKay asked if the  Freedom Fest could be fully funded by private donations.  Brown said they have always received private donations.  McKay said they do not want to lose the program.  Brown said she is making more presentations.  The vote was 5 - 0.</div> <div> <B>Randy Schultz brought a proposal for a policy on equal opportunity for persons with disabilities.  </B> McKay said he was surprised that this was not already in our policy.  This is a requirement from the Department of Mental Health and Hygiene.  McKay asked how many employees have a disability.  Schultz said they cannot ask employees, but they are encouraging employees to make their disabilities knows.  The vote was 5 - 0 (that was the second motion made by Comm Dement.  Schultz proposed a diversity of interest group to put together a long range plan to address the needs of those with disabilities.  The group will start this spring and bring suggestions to the table by the fall.  There were requests for exemptions from the hiring freeze.  Recs and Parks needs seasonal groundskeepers.  Comm Dement said he is familiar with the need for Recs and Parks.  Jarboe abstained from the vote which was 4 - 0.  Sheriff Zylak asks for the senior communications specialist is not in the ‘04 budget.  The Property Clerk position, said Lacer, should be filled. The senior (?) clerk is not in the ‘04 budget.  The senior coordinator is in the ‘04 budget and Lacer requests that it be filled.  The Senior Office Specialist is already recommended for approval.  Two of these three positions were recently vacated.  One is his HR person.  The three positions were approved - Staff Specialist, Senior Office Coordinator, and the Senior Office Specialist.  The vote was 5 - 0.  </div> <div> <B>Nest came Commissioner time.   </B>Comm Jarboe said he was glad to see the Christie McDonald problem get resolved.  Minnie Russell brought other items forward.  Jarboe would like to see the items that Sue Veith is working on.  Right now we have a policy that people must leave a name.  People are using someone else’s name.  It may be time to adopt a written complaint policy so the person must appear.  <B>According to Robin Guyther, </B>80% of the complaints on the livability code were vendetta complaints, said Jarboe  Comm Raley attended the concert at St. Mary’s College.  He wants to support the River Concerts.  Dement was hosting a 40 team softball tournament.  Comm Mattingly said he went to the art display at the Board of Education and congratulated the students.  The Breton Bay Water Restoration Meeting will be this Wednesday at Leonardtown Middle School.  McKay suggested getting auctioneer Raley to participate in fund raisers.  McKay talked about a public-private partnership.  Maryland Day will take place this Sunday at 1:00 PM.  Tuesday at 11:00 they will be at the St. Clements Island Museum.  Next is a tour of the Dept of Public works.  They will be a little late.  He got authorization for an executive session for personnel.  </div> <div>      </div> <div> After the Invocation and Pledge, Comm McKay announced that the BOCC has decided not to continue the employment of Alfred Lacer.  George Forrest will assume the duties of County Administrator.  They anticipate they will hire a new person for Planning and Zoning within 30 days.  They will create efficiencies and a more open and friendly government for citizens.  They removed the discussion of the Critical Area Commission and replaced it with an executive session. They added personnel fo the 3:00 PM Executive session.  They approved the minutes as presented.  McKay reminded staff that they need to follow up on public comments from the forum.</div> <div> <B>Next they introduced Mike Spalding, the new captain at the Leonardtown barracks of the State Police. </B></div> <div> <B>A representative from St. Mary’s Interagency Council for Children came to present the month of the young child.  </B>The children has posters made in reply to the statement “I am special because.” <B> </B>Comm McKay recognized the communications class from the College of Southern Maryland.  Next there was a public hearing on the removal of affordable housing at Great Mills Apartments.  McKay asked who has the ultimate responsibility for relocating the occupants of the Apartments.  Comm Raley asked how much the County’s contribution would be and was told $61,353, but a lot was in kind services.  Raley asked if we have identified some housing for the residents and was told not yet, not until after the public hearing.  Mattingly said something I couldn’t hear.  Raley asked if the 61,000 was approved in the ‘03 budget and was told yes and that any left over cash would feed the fund balance for the ‘03 budget.  I suggested that they should keep in mind that they must have replacement housing.    They said they would leave the record open for 15 days.  Nothing can be built upon the property.  </div> <div> <B>The next item is County Administrator time.  </B>McKay noted that there will be a 4:00 PM meeting with County employees on May 6.  </div> <div> A series of grants with ‘04 budget implications were presented.  Kramer was asked by McKay and told that these funds are for things the County is already required to do.  She suggested that Monday’s budget work session could focus on grants.  McKay said we could be cut as much as $2,700,000 if the Governor vetoes the bills.  Kramer said some reimbursements are not elective if we want to get into the program, especially on the law enforcement side.  She suggested they should focus on grants in general.  Mattingly said we need to take advantage of every program we can to reduce our costs.  Kramer suggested they focus on grants that are on the match sheet.  </div> <div> Erin Gass said that they are already somewhat late because of changes in verbiage.  This grant pays for deputies to do their job and for Karen to locate the missing parents.  Karen said they have recovered a lot of money for the children.  It is a trickle down operation.  Mattingly asked if this was a requires service for the Sheriff’s Office.  Gass said for officer safety they need two deputies.  McKay said he might have to cut this if the budget is tight enough.  Raley noted that this was a $156,000 reduction in costs.  McKay said they don’t know what will happen in the future.  Raley noted that the total is less than $208,000 and your concern, Comm McKay, is the uncertainties.  Jarboe noted it is a service they would provide almost as a matter of obligation to the children.  McKay said he would support the motion.  He thinks it is unfortunate the State puts these requirements on us with deadlines like this.  The vote was 5 - 0</div> <div> Teresa weeks said her grant (for the Circuit Court) is the smallest.  It picks up part of the costs for the court’s work on child support.  The vote was 5 - 0.</div> <div> Michael Stamm said he was to have been in court this morning, but the Dept. of Corrections couldn’t get the prisoner to court.  His is the largest grant.  They is a great return establishing paternity and go after deadbeat dads.  The vote was 5 - 0 to take a federal grant of $209,102 with a County match of $123,989.  McKay teased Forrest that he go the agenda all messed up, and Forrest replied ,”I’m new.  I’ll be better next week.”  He got a good laugh.  The next grant was for $17,340.  McKay said he  thinks the reporting requirements cost more than the grant gives.  Arthur Shepherd said they have streamlined the application.  Mattingly said they said the same things four years ago.  Forrest noted that the BOCC now has a single representative on the Local Management Board.  Forrest said, “I am.”.  The Executive Director is working hard to lessen the amount of paperwork, said Forrest.  The vote was 5 - 0..</div> <div> The next item was the Housing Authority.  John Savich brought a proposed Cooperation and Operation agreement. Savich noted that the Housing Authority is independent from County Government.  However, the County contracts its employees to staff the Housing Authority.  This new agreement clarifies the relationships among the Executive Director of the Housing Authority, County Government, and the Housing Authority Board.  It standardizes pass-through relationships for money that must pass through the County.  Dr. Samuel, the Board Chair, said this is a housekeeping arrangement required by the U. S. Department of Housing and Urban Development.  Samuel continued by saying he would be glad to provide any information the BOCC need, but the document is necessary to the Housing Authority Actions.  Dennis Nicholson noted that this relationship would be clarified.  McKay said they haven’t had time to read the document.  He considered backing it off a week or so.  He said he is concerned about the County agrees to provide the housing authority with the means to reclassify positions, hire, etc.  He wondered if the County should agree to change the rules for one organization and not another.  Schultz said it doesn’t change what they do now.  The County supplies office space and information technology.  McKay asked who decides what the appropriate amount of space.  Norris said the limits are new hires by the County.  The Housing Authority can apply for HUD grants independently of the County.  Norris noted that if they request additional personnel the contract says they will respond.  Savich said the contract says they will support the Housing Authority’s needs, not accede.  He noted the Information Technology support will be standard information technology for other County agencies.  Forrest noted that they want the IT equipment is compatible with what is being done.  Bob Kelly said they are working with the Housing Authority and will accommodate the needs of the Housing Authority.  Raley said the Executive Director of the Housing Authority will be paid by the County but reimbursed by the Housing Authority.  It calls for an annual review.  Savich said there are a few items in this contract to connect with the County’s processes.  Norris said we will no longer have to do subrecipient agreements for their grants.  There are efficiencies here.  The vote was 5 - 0.</div> <div> <B><U>The next item was a revisit of the Gateway project which the Housing Authority has proposed.</U></B><B> </B><B> </B>Comm Mattingly made the motion to reconsider the subject.  Jarboe seconded it. McKay noted that this item was rejected last week by a 2 - 2 vote.  Mattingly said after they met he had a chance to talk about the project.  He is now more comfortable.  Mattingly assured Comm Jarboe that he was not chewed on, despite what Jarboe said in his column.  He said when the Dakota House came to the BOCC,  there was much more detail.  He is more comfortable now.  There will be high quality, well designed affordable housing.  He moved that we authorize the Gateway Housing Project.  Nicholson said there are 42 units for rental housing and home ownership.  The Maryland Affordable Housing Trust offers a chance to apply for up to $100,000 to bring down the cost of rentals.  Savich noted that this is funds for design.  There will be a number of other steps to be taken.  Comm Raley said he also is still not comfortable.  He noted that the new members of the Housing Authority are good members.  They are passionate about the need to provide decent housing for our citizens.  He thought about earlier conversations with Dennis.  He said he decided not to commit political suicide.  He said he has prayed that they should make good decisions, not only for today but for the future.  He worries about the intensity of the number of that many in one place.  He noted that the Housing Authority could sell the property and someone else could put housing there.  Jarboe said one of the real benefits is the lease-purchase option.  Young families and teachers could get into home ownership.  Jarboe said he is glad to see this turn around.  He looks forward to getting affordable housing down to a manageable level.  Dement said this is a step toward replacing the housing The vote was 3 - 1 with Raley against.</div> <div> there were awards to County employees with 100's of hours of sick leave.</div> <div> <B>Next came John Norris with a letter to permit MDE to enter identified properties to conduce additional testing for MTBE in groundwater.  </B>McKay asked and was told that the property owner would be responsible for abatement.  The vote was 5 - 0.</div> <div> Randy Schultz came with a request for reclassification for a Sheriff’s employee from a grade 5 to a grade 4.   McKay asked where this position is in the ‘04 budget.  Schultz said it has been budgeted at a grade 5, but the new classification is a grade 4.  It will have a positive effect on the budget.  The vote was 5 - 0.  The next position was the reclassification of a Paralegal, grade 7 to a Property Manager, grade 8 step 3.  Schultz said they would have to go to a step 3 if they advertised on the outside.  Norris said he has identified the money for ‘03.  For ‘04 the position is a grade 7, but he thinks there would be a need for outside services.  Comm Raley said they have replaced to grade 7's with one grade 8.  The vote was 5 - 0.</div> <div> <B>Next cam a budget modification for the Highway Safety Office to have an Occupant Protection grant.  </B>They anticipated the cost for a trailer to be higher than it was.  They want to use the money rather than giving it back.  Forrest noted there was an April 30 deadline on this.  Jackie Beckman noted that there have been a number of in kind services.  Beckman said, in reply to a McKay question, that there will be a new sign.  The vote was 5 - 0.  </div> <div> <B>An easement for SMECO passed next.  </B></div> <div> The Public Works agreements for 4 subdivisions were approved.  Erichsen said 30 mph is the speed limit in subdivisions by Maryland law.  Roads with 30 mph speed limits will no longer be presented to the BOCC.  Setting speeds within residential areas will require a resolution from the BOCC.  There were deeds for roads in 3 subdivisions.  McKay said these roads become expensive in the future.  Jarboe said the homes create revenue.  Erichsen noted that gas tax revenue is crucial for roads.  The vote was 5 - 0.</div> <div> <B>Commissioner time was next.  </B>Jarboe said he wants a report on policy that allowed a car from St.  Mary’s County to go home with a deputy to PG County and be stolen.  He also was concerned about the condemnation signs on the units the day after the BOCC was there.  Comm Raley said he attended the St. Clements Island and Piney Point Museum Board dinners.  Raley said we have reached 22% recycling rate.  The people of St. Mary’s County are to be congratulated.  Raley said he is concerned about having State people come to talk about voting machines and the cost.  He said the presentation was a surprise.  Now that we have paid for the 911 radio system and now we have payments for new voting machines.  Comm Dement said this was his week.  He apologized for missing the volunteer appreciation night and to Mr. Boswell for something he said during a tour of public works.  He saw the first communion of his niece, Chelsea, attended the Lincoln dinner, threw the first ball for the premier softball league, attended the gymnastics tournament, and joined the League of Women Voters Annual Meeting.  The BOCC adjourned to go to the annual Senior meeting.  At 2:30 they returned to <B>receive a program update from the Soil Conservation Program.</B>  Bruce Young presented the soil conservation annual report.  The St. Mary’s soil conservation district was founded in 1942.  Since 1942 the districts have expanded.  They work with erosion and sediment control.  The cooperators of the year were the Russell Brothers. They do receive money from the County ($34,000+) and from the State ($107,000).  They have reviewed 1,370 sediment and erosion control plans, and approved 161.  They provide tech assistance to the Ag and Seafood Commission.  They are members of the Potomac and Patuxent Tributary Teams.  They reviewed and approved 22 forest harvest erosion and sediment control plans.  They provide the envirothon program.  The Soil Conservation District has a manure injector and a no-till drill available for rent.  The District was selected as MASCD Conservation Education District of the Year.  Jarboe asked about drainage in older communities.  He said they have drainage problems.  Who should do it?  He was told the Department of Public Works should correct those.  Comm Raley asked about the sediment control plans.  Are you that tough that you review 1,370 plans and only approve 161?  Young said it includes multiple reviews of the same project.  Mr. Young said as part of the 2003 budget.  He sent a memo saying he had not received enough funding from the County.  This funds half of the District Manager’s Salary and provides health benefits.  He presented a group of memos that have been sent covering what was approved and what was not.  In essence the $9,551 was for health benefits.  He said he believes the recommended budget was in error.  He is asking for a budget amendment for FY ‘03.  His request for ‘04 was reduced.  They asked for$44,658 and got $32,652.  Mr Young noted that his salary has been cut to meet the Commissioners’ cut in the budget.  He thinks it was an error.  Mr. McKay said he would have to talk to Ms. Kramer.  They went into executive session for litigation (Waste Management), property acquisition, and personnel.   </div> </td> </tr></table></body>