BOCC 5/13/03

<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> When I arrived at the BOCC meeting Carolyn Loray was presenting National Tourism Week in the form of a fishcake (a cake in the shape and color of a rockfish).</div> <div> McKay announced that Cynthia Brown was presenting her monthly report. They won’t reproduce the monthly report for the Commissioners’ packet.  The purpose of this meeting is to have dialog about areas that may have problems.  McK said it’s not budget time, but he received an e-mail saying that the SOSAR program is being looked at as a 5 week program.  Cynthia said staff is working on that now.  Raley asked what she thinks is her department’s most successful endeavor and which area is the most successful endeavors.  Brown responded that the camp at St. Peters is the most successful program.  The community has taken the camp into its life and makes contributions.  Raley asked about her department as a whole.  She said funding is her problem.  Her office is so grant funded.  Mattingly asked about the summer reading program.  The schools are in the building, right?  He was told yes.  Cynthia said the Board of Ed program ends while SOSAR is still going on.  Their reading children come to the SOSAR.  Mattingly said it bothers me that we have to pay the Board of Education when they already have staff there and we are only using the building.  It concerns him that we are paying rent for our own programs in a County Building.  Cynthia said they have an ongoing dialog with the Public Schools and get grant money from them.  About $13,000 comes from the Public Schools.  McK said the success of Cynthia’s program is going to be based on faith-based and public/private partnerships. She will, he said, need to focus on how to make this happen.  Forrest said the funding is still an issue even with partnerships.  We have an excellent relationship with St. Joseph’s, but they have no funding.   McK said you try to turn one dollar into $5.  Work on what is going to multiply the $$.  Dement asked if there are volunteers as well as paid leaders.  Brown said for the most part coordinators are her staff.  Forrest said they have to be very careful when summer camps are opened to volunteers.  Brown said they get volunteers for the Freedom Fest, but need trained people to work with children.  She works with members of the faith community.  They are making presentations throughout the County.  McK asked how we can address the fact that the black tie event was held on the night of Tomorrow’s Child’s event.  Last year they had decided on a date and thought the date was firm.  They decided they would have a children’s recognition and an adult activity.  It was a lack of communications.  The Office of Community Services Coordinates.  Forrest noted that the local organizations do the work.  Raley said there was a department head staff meeting with him and McK.  Then they had a staff meeting.  They feel communication is somewhat lacking and they are hoping to improve that.  There was a discussion about VISTAS.  Cynthia said VISTAS need to be able to have additional support. </div> <div> Phil Cooper from the emergency control center was next.  McK asked what challenges they have besides budget.  Cooper said staffing is a constant problem in the Emergency Communications Center.  He has two people who are leaving.  He has temporary part time personnel, but they don’t always want to work full time.  When people leave they often have leave accrued that must be paid for.  Mattingly asked and was told that until an employee uses all his leave there is no position to fill.  Raley said our zoning ordinance requires collocation.  Are you working well with Planning and Zoning?  Cooper said he gets plans from P & Z, but not radio information.  Raley also said they have received a letter from the contractor for the 911 system. He hopes we are working toward a satisfactory ending for all parties concerned.  They received additional information and he will meet with Ms. Kramer.  Then they will meet with the company.  Forrest said they want to justify the invoices.  Their line items need to match ours.  Raley asked if we are getting 911 revenue on cell phones and Phil said OK.  Raley said your people are on the second floor, is everything OK.  Cooper said they have a temporary air conditioner.  The space is adequate, but air quality is not.  Jarboe asked if there are federal programs for early warning tornado warnings.  Cooper said he will meet with Lancaster and they think they may have found a couple of grants.  He said they can use fire alarms, but not everyone knows what 10 or eleven revolutions of a siren means.  They can tie into national weather service.  They can tie into FM radio stations to give instructions. Our shelters have very small emergency generators.  We need more He is working to correct this.  Two emergency communicators have received telecommunicator of the year award.  Mark Pettit and Tim Pennington coordinated a group of volunteers to save a young driver.  They are proceeding with plans for accreditation.  Being accredited can provide recognition that standards are met.  In the event of a law suit, this accreditation is evidence that the County has done what it can.  </div> <div> Next Gene Carter came to present the report from the Office on Aging.  They thought they were going to be asked for an overview.  He prepared it and gave it to the BOCC.  He said it is a reference document.  McK asked about the Senior Center in Charlotte Hall.  They are moving forward on Planning and Zoning issues to get final approval for the site plan.  They are looking at a forest conservation plan, a railroad utility easement, etc.  When all this is completed construction will begin.  McK asked when we will break ground.  Whipple said it should be about 5 weeks unless it takes longer than usual.  They can improve on that if asked.  He thinks construction should begin by the beginning of June.  McK asked if there were any chance we could share the Veteran’s Home entrance.  Whipple said we could provide an entrance from Whelan Road.  Mattingly said that road is suitable.  Mattingly asked if they hadn’t approached the Veterans’ home and been told no.  Whipple agreed.  Jarboe said 4 way stops have helped.  There may be, he added, a way to address the neighbors’ concerns and still do the project.  Staff said they were still working on it.  The BOCC said don’t delay the project.  Gene Carter said the Medicaid Waiver person has resigned, and they received 50 replies to an ad for a replacement.  They to put a number of home and community based services into a single division.  He named about 7 programs they are now doing.  Now the idea is to provide services in place rather than senior centers.  He would like to hire a division director. There is a group working on the design of a senior needs assessment.  By 2020 one out of 5 people in St. Mary’s County will be age 60 or older.   The office is planning to fund this study out of an enterprise fund they manage.  He would like to have approval.  Carter said he is beyond 60 and he doesn’t regard himself as a senior.  </div> <div> <B>Next came the County Administrator’s time.  </B>McK said they will break at 11:30.  There are draft agendas for May 20 and May 27.  McK said the Board would like to talk to P & Z on the 20<FONT SIZE="1" COLOR="#000000" FACE="Arial" >th</FONT>.  Raley said he would like to have most of those planned for the 20<FONT SIZE="1" COLOR="#000000" FACE="Arial" >th</FONT> be the same.  McK said they will pull one off the agenda.  The Victim Crime’s Assistance grant was announced next.  The grant was approved.  The vote was 5 - 0.  The Office on Aging was next.  The grant was approved. the vote was 5 - 0.  There were several budget amendments.  Schultz said the realigned funds to meet a premium increase.  It was approved. by a vote of 5 - 0.  Jarboe asked if we are self funding liability and was told no.  He asked if we have considered self funding and was told they are looking at it> Kelsey Bush presented a proposal to accept donations for teen services.  The vote was 5 - 0.  Cynthia Brown presented an amendment to allow profit from ticket sales to pay for items.  The vote was 5 - 0 Donna Sasscer and John Savich came to ask to proceed with a public hearing to amend Ordinance 97-34.  Sasscer said some changes have been proposed for the ordinance.  She said landowners who have received the State preservation funds to continue the County Tax Credit, it would cost the County $6,500 per year.  Sasscer said there have been three people who left the program and had to repay the interest.  The vote to go to hearing was 5 - 0.  <B>The last item was the employment contract for Denis Canavan as director of the Department of Land Use and Growth Management.  </B>Raley said the 6 month probation period should involve the BOCC as well as the County Administrator.  McK said that should be the case with all key people.  Raley said he didn’t want the six month period to come and go.  Norris said the personnel manual provisions were in force and that would not allow the BOCC to participate.  Raley said he would be more than willing if there is an agreement with the County Administrator.  Forrest said that should be part of the discussion with the new County Administrator when he is appointed.  The was mention of changing the personnel manual.  McK said he could meet the guy first thing Monday morning.  Forrest said the County Administrator should have clear direction from the Board that it should happen.  Jarboe moved saying it’s documented in the minutes. </div> <bR> <div> After Law Enforcement Appreciation Day, the BOCC returned to take up <B>Historic Preservation Awards.  </B>Comm McKay invited Teresa Wilson to talk about the preservation awards.  There are over 890 historic properties identified.  The BOCC presented 12 awards.  Dionysius ? (who photographed, mapped and entered into a data base every headstone in the Trinity Cemetery as his senior project at St. Mary’s College), Lizette Day of Sotterly (this weekend is the quilt show), Joseph and Mary Wood (corn maze), Elizabeth Harmon (Sotterly), Patuxent River Resources Group (preservation of the Point Lookout Lighthouse), Silas, Don Dorsey, and Mary ? (Historic St. Mary’s City), Martin Sullivan (Historic St. Mary’s City), Committee for the African American Contributions (African American schools in St. Mary’s County -  web site <FONT SIZE="3" COLOR="#0000FF" FACE="Arial" ><A HREF="http://www.ucaconline.org" TARGET="_top" TITLE="http://www.ucaconline.org"><U><U>www.ucaconline.org.</U></U></A></FONT>) Bill Smogelmeyer (Designed and built the model of Sotterly Plantation), Nancy Virtz and the members of All Faith Church (for their work on colonializing All Faith Church), Ed Lawrence for his work on Tudor Hall, Tommy and Tina Bowles for their work on their corn maze.  <B>After the Historic Preservation presentations</B> <B>the BOCC took up revisions to the critical area law.  </B> Sue Veith said there were two items she wanted to check with the BOCC on.   One was the sale of fuel at community docks (existing ones are covered by grandfathering provisions.  Mattingly said he doesn’t want people to have to fuel their boats with cans because it’s unsafe.  Veith said there had been questions on TDR’s now you can’t transfer TDR’s only from one RCA land parcel to another unless the parcel is 20 acres.  One condition is that the Critical Area Commission would like to revisit the TDR transfer issue.  There is potential for addressing the transfer from RCA small parcels.  Most jurisdictions don’t address the issue at all.  Raley asked if this would  allow transfer of a TDR from a small parcel to another and was told only if it were 20 acres.  McK said that hopefully St. Mary’s County will have a member on the Critical Area Commission before long.  Critical Area Commission agreed to allow a date change.  Three actions are required said McK.  Norris said the three commissioners who are new to the Board need to certify that they have reviewed the tapes.  Dement, Jarboe and McK said they have reviewed the tape of the public hearing.  Mattingly moved that signatures be authorized for conditions of approval and repeal of the old ordinance and adopt new provisions and revise critical areas maps.  Larry Jarboe thanked Sue Veith for pursuing the solution of the charter boat issue.  The vote was 5 - 0.  <B>Next came the discussion of the Wicomico Shores Golf Clubhouse project.  </B>McKay said they wanted to address concerns of the public from the last meeting a Wicomico.  Phil Rollins of Recs and Parks came to address seeing the 18<FONT SIZE="1" COLOR="#000000" FACE="Arial" >th</FONT> green and inadequate seating.  They talked to the architect.  They propose to expand the grill room area and bring the wall to the edge of the deck and expand seating by 12 people.  They will do the same thing in the dining room, and get an additional 30 people in the banquet room.  Everyone would have a great view of the golf course and the Wicomico River.  Rollins said this project could not address the concerns of people who want the existing building renovated.  Mattingly said this has been around since 1994.  He appreciates the input from people at Wicomico.  He said some people said whatever the BOCC wants.  The BOCC, he added, has heard from a small group of people.  He believes that people would want the basic architecture would remain if the building were renovated.  He thinks the consensus is that it is not a good investment to continue pouring money into that building.  He said the clubhouse is an eyesore.  He thinks the facility should be replaced.  McK suggested a short discussion on renovation.  Rollins suggested a preliminary design if the BOCC really wants to retain the building.  They would go through a planning process in terms of programmatic needs.  They would bring it all back and report.  Rollins suggested completing the bid on replacement and getting more information on the renovation option.  The want $18,000 to do a basic schematic plant.  McK asked Bob Harper as chair of the Recs and Parks Board to come to the table.  He continued and said since we have a lot of talent in house, perhaps we should form a task force to give us a scope of work that could be used for a design-build.  Harper said structure was examined by the architect in the past.  We need a clear path to get a handle on the cost and address ADA compliance.  He thinks the cost of renovation will meet or exceed the current cost.  Rohrbaugh said you have to develop a scope of work that’s extremely tight or it is open for interpretation.  Jarboe said whatever we do, we have to stick behind it.  It’s the will of the board, he added.  McK said one person said he plays there because of the golf course and money should be reinvested in the course.  McK said there is a perception that we can do this for a couple hundred thousand $$.  He added that he wants to spend less money.  That’s why he would like to establish an in house group to do a scope of work.  Dement said he is concerned since there is no real estimate of costs to renovate the building.  Raley said this issue is a perfect example of why it’s thought to be a County Commissioners.  Raley said he favors the in-house group with a time line of 60 days, McK said he wants 30 days.  McK said he wants George Erichsen on the task force.  He recommends naming the members. Jarboe made the motion. McKay named Lyn Brady, George Erichsen, Patty Myers, Phil Rollins, Gary Whipple, Richard Rohrbaugh, Bob Harper, and someone from the local building.  Two people suggested and the idea was to use Mr. Wood and John Smith.  The vote was 4 - 1. <B>Next came Commissioner Time.  </B>Mr Raley apologized to the 7<FONT SIZE="1" COLOR="#000000" FACE="Arial" >th</FONT> district fire department for his absence.  He congratulated Burchoil for their 75<FONT SIZE="1" COLOR="#000000" FACE="Arial" >th</FONT> year.  He attended the dedication of the Lexington Park Elementary School.  He congratulated Pax River and the Board of Education.  Pax received an award for its work with the Board of Ed.  He also congratulated the Emergency Communication Center last Wednesday.  Comm Dement did attend the 7<FONT SIZE="1" COLOR="#000000" FACE="Arial" >th</FONT> district banquet.  He also attended the Lexington Park Elementary School dedication.  He congratulated Burchoil and Millie Huseman.  He congratulated the Chamber of Commerce on its business showcase.  The College of Southern Maryland is looking for businesses to sponsor a room in its new building.  Comm Jarboe said they have received letters from Richard Mowrey.  The letter hasn’t been returned.  He wanted to carve off a parcel for another lot.  Now he has to go through the new ordinance.  He wants the P & Z office with answering this letter.  Jarboe said applying for a perk should be the beginning of the subdivision process.  Comm McK reminded the BOCC of Nick Gibson’s problem.  McK congratulated Millie Huseman and Bonnie Quade.  The procurement committee is meeting this Wednesday at 5:15 to receive input.  The BOCC adjourned to Charlotte Hall. The BOCC asked a woman in the room for comments.  She was curious to know about stormwater management at the clubhouse, she said.    </div> <bR> <bR> <bR> <bR> </td> </tr></table></body>