BOCC 7/15/03

<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="id66.htm" TARGET="_top" TITLE="BOCC Meeting Notes 7/1/03 12/31/03"><U><B>BOCC Meeting Notes  7/1/03 - 12/31/03</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="id130.htm" TARGET="_top" TITLE="BOCC 7/1/03"><U>BOCC 7/1/03</U></A>   |   <A HREF="id132.htm" TARGET="_top" TITLE="BOCC 7/8/03"><U>BOCC 7/8/03</U></A>   |   <B>BOCC 7/15/03</B>   |   <A HREF="id135.htm" TARGET="_top" TITLE="BOCC 7/22/03"><U>BOCC 7/22/03</U></A>   |   <A HREF="id136.htm" TARGET="_top" TITLE="BOCC 8/5/03"><U>BOCC 8/5/03</U></A>   |   <A HREF="id139.htm" TARGET="_top" TITLE="BOCC 8/19/03"><U>BOCC 8/19/03</U></A>   |   <A HREF="id141.htm" TARGET="_top" TITLE="BOCC 8/25/03"><U>BOCC 8/25/03</U></A>   |   <A HREF="id142.htm" TARGET="_top" TITLE="BOCC 9/2/03"><U>BOCC 9/2/03</U></A>   |   <A HREF="id152.htm" TARGET="_top" TITLE="BOCC 9/9/03"><U>BOCC 9/9/03</U></A>   |   <A HREF="id151.htm" TARGET="_top" TITLE="BOCC 9/16/02"><U>BOCC 9/16/02</U></A>   |   <A HREF="id153.htm" TARGET="_top" TITLE="BOCC 9/23/03"><U>BOCC 9/23/03</U></A>   |   <A HREF="id158.htm" TARGET="_top" TITLE="BOCC 9/30/03"><U>BOCC 9/30/03</U></A>   |   <A HREF="id159.htm" TARGET="_top" TITLE="BOCC 10/7/03"><U>BOCC 10/7/03</U></A>   |   <A HREF="id160.htm" TARGET="_top" TITLE="BOCC 10/21/03"><U>BOCC 10/21/03</U></A>   |   <A HREF="id163.htm" TARGET="_top" TITLE="BOCC 10/28/03"><U>BOCC 10/28/03</U></A>   |   <A HREF="id166.htm" TARGET="_top" TITLE="BOCC 11/18/03"><U>BOCC 11/18/03</U></A>   |   <A HREF="id175.htm" TARGET="_top" TITLE="BOCC 12/2/03"><U>BOCC 12/2/03</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 7/15/03</I></div> <div> The BOCC called the meeting to order after attending the ground breaking for Margaret Brent Middle School at 11:00 AM.  Comm McK announced that Comm Raley was absent because of family illness, and might be able to attend the afternoon session. </div> <div> The agenda was approved after the invocation and Pledge of Allegiance.  The bills were approved.  The minutes were approved.  The next item on the agenda was a proclamation and presentation to the family of Ruth W. “Becky” Proffitt. Flag day 2003 was dedicated to her.  Jan Norris said that her mother would say what in the heck is the matter with you.  They (the staff) did all the work.   Congressman Hoyer sent an American flag that was flown on June 4, 2003 in memory of Ruth W. “Becky” Proffitt.  </div> <div> Phil Cooper came with Edward Roach, Director of Emergency Management with the Constellation energy group.  Roach said training is scheduled for July 24.  The folder is to give the BOCC information for people living within 10 miles of the plant.  Since 9/11, there is new security information.  He told the BOCC to call him any time they have questions.  He said he is her about every other week.  The plants most recent outage was 66 days.  Both boilers were replaced.  Good maintenance is one of the things that keeps the plant safe, he continued.  There are new sirens located near the old poles.  The sirens are state of the art and there are layers of redundancy to ensure the sirens can be activated.  They are still testing the new system and expect to mobilize it in August.  There have been requests from fire departments to use their old sirens.  Every year they run at least 3 drills of 2 drills and an exercise.  There was an emergency response drill in June.  There will be a dress rehearsal for the graded exercise schedule for October.  Once every 6 years they must test planning out to the 50 mile zone.  This year they will work with DC, VA, and DEL.  This was last done in 1997.  </div> <div> I left to attend the PRA Board meeting.  </div> <div> After lunch came the public hearing for the James M. Lacey growth allocation award.  According to Veith this property had been approved for development in 1996, but never was mapped.  (The property is in the 7<FONT SIZE="1" COLOR="#000000" FACE="Arial" >th</FONT> District.)  It was thought it could be mapped when the new zoning ordinance was passed.  </div> <div> It was announced that Dan Raley’s aunt has died, and he will not be at the meeting this afternoon. </div> <div> The Gardiner property was approved for growth allocation in 1997, but was never mapped.  McKay asked what size the lots are and was told Veith thinks the lots are 15 acres.  17.7 acres were in the LDA.  The reminder is still in the RCA.  Thomas W. Joyner came see if there were any other changes than those described.  It looks benign, he said.  His concern was that there not be any other development.  </div> <div> Next came the Chair of the Cable Committee, Bill Kaplin, and Bob Kelly of County staff to make the report of the Cable Committee.  They recommend improvements for subscribers, to deal with complaints, the review the system.  Neither the channel selection or the cost are regulated by the County.  They are regulated by the FCC.  The goals for the coming year include finishing the cable franchise agreement with ComCast, and get the new services called for in the contract.  There are to be two educational channels.  There will be new public access facilities.  There are questions about how to manage those.  The Committee will evaluate and suggest changes in the by-laws that will enable them to work with these new services.  They will be monitoring compliance with the contract.  Bob Kelly said the new ordinance and franchise agreement there are new opportunities to exploit the technology.  Kelly said they will look at how best to manage the technology.  McK noted that folks in Golden Beach don’t get the government channel.  He expressed a question as to who in government will monitor the agreement.  The Chair, Kaplin, said the Cable Committee can probably manage the agreement with new by-laws.  Kelly is not a member of the Committee, and he should be, continued Kaplin.  Forrest said there is no one on staff to monitor the agreements and there is no staff.  Kaplin said they could put proposals on the table about this problem.  Forrest warned they needed to look at staffing.  In most counties there are departments within County staff that do the monitoring.  We don’t have the staff to inspect, etc.  All those things would take a technician.  Kelly said GMP Cable is not running amok.  He is communicating weekly.  We are monitoring.  We need to define procedures on how the agreement is to be enforced.  The Cable Committee is an excellent group.  Forrest said he applauds Mr. Kelly’s zeal.  In the best interests of the County, we don’t have the manpower to do enforcement, inspection.  Forrest was asked if there were a 3<FONT SIZE="1" COLOR="#000000" FACE="Arial" >rd</FONT> party.  Forrest said that’s an option. McK said they need a recommendation from staff on how to fully address this.  Mattingly said the Committee’s requirements have changed and they need to look at the by-laws and need to adjust the membership so the Committee has the staff it needs.  The Committee hasn’t dealt with the technical aspects of the contract.  Kaplin said fortunately for us, GMP is doing a good job.  As long as it’s above board, the enforcement is less effort.  If you have ignored it for a long time, then it’s hard to get it back on track.  Mattingly said a lot of the work is done by contractors.  We had a compliance officer to ensure we were getting our money’s worth.  He thinks GMP is policing the work.  McK asked if they couldn’t put the educational channels on line until the system in completed.  Kaplin said GMP is in a hurry because they will have new services to offer.  Mattingly asked about the requirement to have the cable channels if you want broad band.  Kaplin said they have no technical capacity without the channels.  They are looking at whether the new system will permit.  Kaplin said there is nothing in the franchise that says they have to offer broad band separately.  If they can make more money one way, that’s the way they will do it.  It’s a federal law that it can’t be.  McK thanked the Cable Committee. </div> <div> McK said they will convene as the Board of Health when Icenhower arrives.  He called for commissioner time.  Jarboe said he has been contacted by the “Save the Village” 501C3.  He would like to meet with them at the Carver Building at 8:00 PM on Friday.  Then they want to go to Charles County to see their small museums. Forrest said he would have facilities open the building.  It would cost $75,000 to bring the building up to code.  It’s boarded up for safety and security.  It is not scheduled for demolition.  He said he had received a call from a citizen about better securing the building.  Comm Dement said it’s been a while since there was commissioner time.  He mentioned the Freedom Fest on July 4.  It was a nice affair.  He attended a 70<FONT SIZE="1" COLOR="#000000" FACE="Arial" >th</FONT> birthday for Mason Curtis.  He attended the proclamation for Dick and Alberta Ridgell. He attended the Potomac Jazz and Seafood Festival.  He went to the ACTS event.  These people lend medical items to people in need.  </div> <div> Comm Mattingly noted that they attended the UAV demonstration on Monday (all 5 of them).  He congratulated the Fairfield Inn.  First National Bank of St. Mary’s had an open house at the Breton Branch.  The Patuxent Partnership has an affair.  They spent a full day with the Lt. Governor and “established a dialog”.  Thursday night the Leonardtown Carnival will take place.  Mattingly said he has asked Forrest to get the details and application process for the scholarship program.  He said he thinks there should be some guidelines.  </div> <div> McK said it’s a very active BOCC.  They all care about the community.  He repeated that yesterday was a great day for ST. Mary’s County.  We intend to take advantage of our opportunities and protect our heritage.  Many staff members did a lot of hard work.  He thanked Jennifer Fabbricante for all the work she has done.  They rely, he said, heavily on Jennifer and she comes through.  He has asked Denis Canavan to develop a plan for where we need our new facilities.  We hope to use land the State already owns in St. Mary’s County.  Then we can go out and buy some land.  That is in keeping with the priorities that the BOCC signed today.  They signed a consolidated priorities list in their consent agenda so folks will know what the BOCC’s priorities are.  He said Brad Clements had indicated that working with Mr. Canavan has been a very enjoyable experience.  He is pleased with the cooperative spirit.  There will be a public forum where the issues are brought to the BOCC.  </div> <div> Next there was a motion to adjourn and reconvene as the Board of Health.  Dr. Icenhower said he has come to talk about the West Nile Virus.  It is a virus and there is no cure.  There is a vaccine for horses, but not for humans.  Last year 7 people died of West Nile Virus.  The Health Department is 20% over the spraying done last year.  They have had the MDAg to come here.  There are not more openings.  Some areas have been squeezed in.  If you want to not get West Nile Virus, you need to wear long sleeves and use DEET.  Everywhere traps have been set they are catching record numbers of mosquitos.  Calvert County has its own spray trucks.  The County pays half and the community pays half.  McK said he thinks the local Board County.  We are one of 13 counties where they State can longer handle the requests.  McK said they will prioritize based on finding West Nile Virus.  Icenhower agreed saying they have agreed they could shift the spraying.  Most people who get West Nile Virus don’t even know they have it.  Most deaths are of elderly people.  We will probably have more problems from Lyme Disease than West Nile.  Cancer and Cardiac disease, along with accidents, far exceed the West Nile Virus.  McK said using repellent, minimize standing water, make sure screens are intact.  Icenhower said there is a larvicide that kills the larvae.  Mattingly said the Board of Ed treated the stormwater management pond on Moakley street.  People can do a little self help treatment.  Icenhower said he will find out who has the larvicide and publish an article.  Jarboe said in Florida they believe using vitamin B.  They would also use a giant fan and stay in the air flow.  Icenhower said the fan works as does height.  A second story porch is better.  It isn’t money that’s the problem.  The Ag Department doesn’t have any more equipment.  In Calvert County they use their own trucks.  Icenhower noted that equipment and spray may be in short supply.  The larvicide tablets are best distributed by the citizens.  </div> <div> Icenhower invited the BOCC to come and visit the health Department.  He says pipes leak, the air conditioning system doesn’t work, condensate is dripping, tiles need replacing because they have mold.  He is not sure the roof leaks.  If we don’t do that we’re soon going to be replacing computers.  Mold seems to bother some people.  McK said the drain pans can be corroded.  Icenhower said this is a cold water system.  Icenhower said after the chiller was changed the system was improved.  Icenhower said there are units that are not working.  Forrest said he has had Mr. Russell over.  We will pay attention to the building services issue.  Icenhower said there was a plan for moving some tenants out.  There is not space for the people.  We need more space to handle the people we have to hire because of homeland security needs.  </div> <div> Next came County Administrator Time.  I left the room.  Comm Raley came in when I was out of the room.  When I returned, they were discussing approval for Lloyd’s Rest Subdivision.  Jarboe said the neighbors are concerned about where the road will go.  Comm Raley suggested that the approval be delayed for the community to be assured that the road will not harm their community.  Comm Mattingly said he is concerned that they go through all that and this is not a tool to deny approvals given through the public process.  This is an assurance that the road is going to be built to our standards.  McK said let’ s take time to do a further investigation.  They agreed.</div> <div> Phil Cooper came with three grants - one for $67,933 (federal), one $23,576 federal with an in kind match of $23,576, and another to reallocate unused grant funds for $23, 576.  McK noted that they have already selected the equipment they will buy.  Cooper said there are funds for training, if needed.  </div> <div> George Forrest said there were appointees.  Cheryl Van Der Hook to the Cable Committee and Viola Gardiner to the Ethics Commission.  </div> <div> McK said he took his daughter for a 14<FONT SIZE="1" COLOR="#000000" FACE="Arial" >th</FONT> birthday party a King’s Dominion.  He bought a gift for each commissioner.  Mattingly received a squirt gun and a flashlight so he could work with safety issues.  Comm Dement was given the senior citizen’s serenity prayer.  He brought Comm Jarboe a bald man’s hair brush ( it had no bristles).  Comm Raley was given something to use for maintaining order - a nerf gavel.  Donna received a “Danger, Men Working” sign.  </div> <div> The next item was the Clearbrook Farms Growth Allocation Request.  (The Planning Commission turned this one down.)  Sue Veith said the case was properly advertised and she knew of nothing that would impede a decision.  McK said it’s difficult, when you look at the fact that growth allocation units are limited, there are implications.  When you do this, growth allocation should provide benefit for the larger community.  He doesn’t believe there is any benefit to the larger community for this project.  Comm Raley said it’s unfortunate this allocation took so long.  He said he can’t support the request.  They have been numerous proposals for this piece of property, and this is the best so far, but it’s not there yet.  Mattingly said they granted a growth allocation for 9 lots and the neighbors didn’t have a problem.  Mattingly said when Sue Veith said it would improve the quality of the water, he thought it was pretty darn good.  But the neighbors have responded in opposition.  The gentleman said “tell us what is acceptable”.  There has to be something other than building one house there.  Maybe they can come up with something acceptable.  The farming operation is detrimental to the creek.  He has a problem supporting the application.  He will vote against it.  He has mixed feeling about property rights.  Some people have only live there a year or so.  We have to protect the fragile environment and the neighbors.  There should be something else that can be done.  McK said he concurs that the response should have been timely.  He is a property rights advocate.  The owner has property rights.  He doesn’t favor awarding additional rights when the greater community is not benefitting.  Mattingly said he has other adjoining land.  Maybe he can put the pieces together.  Jarboe said he’ll reserve his discussion for after the motion.  Mattingly moved that the board not approve the allocation. Jarboe said there was certain zoning in place.  The BOCC is being asked to improve the density and thus improve the property.  We have a great need for a boat ramp on the Patuxent.  It will generate a lot of money for people who won’t give it back to the community.  The vote was 5 - 0.  They went into executive session.  </div> </td> </tr></table></body>