BOCC 8/25/03

<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>   |   <A HREF="id134.htm" TARGET="_top" TITLE="BOCC 7/15/03"><U>BOCC 7/15/03</U></A>   |   <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>   |   <B>BOCC 8/25/03</B>   |   <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 8/25/03</I></div> <div> After the invocation and pledge, the agenda was approved.  Then the bills and minutes were approved.  The bills totaled $782,000 this week.</div> <div> Elaine Kramer came to introduce public hearings for $60,000 in homeland security funds, and $500 in the form of a gift from the Naval Air Museum to for transportation.  </div> <div> <B>Next came George Forrest with County Administrator time.  At 3:30 on the second (?) they are scheduled to tour the old library and the Carver Elementary School.  </B></div> <div> The Board of Education asked for a category transfer of about $524,024.  The Moakley Street property is now owned by the County instead of being.  The interest rate is 4.75%.  They save $60,000 a year by not using the rented Washington Street office.  The vote was 5 - 0 in favor.  </div> <div> The next item was approval for money to do inspections of sludge applications.  MDE makes the grant to the BOCC and the BOCC pays the Health Department.  Daryl Calvano, our new environmental health officer was introduced.  Comm Mattingly asked how many sites they had visited.  They had visited 18 of the 48 sites and found mostly paper work problems Comm Mattingly asked about pelletized sludge.  Vic Krasnokutsky said we don’t see pelletized sludge.  Raley said funding is based on the number of permits.  Icenhower said they agreed to supplement the MDE applications.  Icenhower said the paper work was not in order, but is getting better.  Raley asked if the permits would stay constant.  Raley said he is concerned about the sludge disposal.  He wants to know that it is applied as soon as possible.  The other concern is the runoff.  Krasnokutsky noted that runoff is checked when there is an inspection.  In virtually every case, he said, the sludge must be disced in.  Raley said there is no program for chicken manure, and  there is concern about chicken manure in the southern end.  Icenhower noted that they don’t inspect tobacco products or chicken manure.  Calvano said his office responds to complaints.  Mattingly asked about sludge applications.  Krasnokutsky said it’s weather related.  The agreement between MDE and BOCC, BOCC and Health Department, and the budget amendment for the MDE money ($243,174).</div> <div> I slipped out for a minute and found Elaine Kramer at the table discussing the movement of a position from the Administrative Department to the Building Services Division.  Raley said that Jarboe has asked for information and not received it.  The vote was 4 - 1 in favor.  Comm Jarboe was the opponent.</div> <div> Gene Carter came to talk about an agreement with the Cedar Lane Apartments (St. Mary’s Home for the Elderly).  He said they would have a congregate services program Cedar Lane (sometimes known as assisted living).  It’s a home and community services program.  The Office on Aging provides some support for this program.  The County helps defray the cost of the meals.  Cedar Lane Apartments becomes an Office on Aging nutrition site.  The County pays $.50 a meal and the reminder is based on the person’s ability to pay.  The vote was 5 - 0 in favor.  </div> <div> The next item was a grant from the Attorney General’s office.  There was a class action settlement in a prescription drug case.  The money is to be used to assist senior citizens.  They will establish a strength training program for seniors.  McKay asked how they will register people for the program.  Carter said they will advertise the program and accept volunteers.  McK said we create an expectation the program will continue.  How do we solve this program?  Carter said the grant allows the set up of the program.  Next year it will be a fee for service program.  Raley said we are hiring a new person.  We will have to funds.  Carter said they have many programs of this type.  He said they might charge a small fee because people have light regard for programs that are free.  The vote was 5 - 0 in favor.  Carter was asked about the Northern Senior Center.  Carter said we are hung up on some environmental issues.  There may be two endangered species on the property silvery aster and mosquito fern.  The site can’t be cleared during the nesting season (April - August).  Whipple is trying to determine what to do about the silvery aster and the mosquito fern.  Forrest said everybody is in the loop.  The letter requires a site survey.  Veith said she gave Whipple the information to get a site survey.  Both species are persistent, which means they are they year round.  </div> <div> Next came Phil Cooper.  Forrest said he attended a meeting at Cheltenham.  He found southern Maryland to be well ahead in terms of intergovernmental communication.  Mr. Cooper said this agreement will enhance our ability to respond to all events, not just terrorism.  We will get $160,000.  By October we must complete a strategic plan report and will get $80,000 now and $80,000 when the report is completed.  Southern Maryland already has a regional steering committee, and so is ahead of the game.  Raley asked if there were equipment involved.  Cooper said the assessment is what they have to accomplish to determine what equipment is needed.  Raley asked if Cooper had time to be the chair of the committee.  Cooper said he has to be there anyway.  Forrest said he will work with Mr. Cooper to ensure he has the time.  McK said we may have to talk to the Sheriff’s Department and see if they have a lieutenant to take care of this. Forrest said they are at the table.  Giving this lead piece to a single agency doesn’t preclude other agencies’ participation.  Cooper said Lieutenant Lyle Long is a key player from the Office of the Sheriff.  The vote was 5 - 0 in favor.  </div> <div> The Department of Land Use and Growth Management came to the table with a letter challenging the 2000 Census report.  When the 2000 Census came in at 86,000 instead of the 91,000, both the Maryland Office of Planning and a private organization had estimated.  They have found the process for challenging the census results.  They have looked at the data.  They have used the GIS system to count houses.  There are map coordinates for homes.  There were 12 census tracts where population drops were shown.  The census Bureau will not recount, but they will acknowledge that there was something there they should have counted.  There are about 3,000 addresses.  Each person not counted equals 1,035 per year.  St. Mary’s County would lose $3,900,000 each year or $39,000,000 in 10 years.  McK asked if this didn’t throw the entire process into question.  The reply was that time constraints might mean they couldn’t finish until the 10 year period  is gone, and it’s time to do another census.  Jarboe asked that this be sent to Congressman Hoyer and our senators.  The vote was 5 - 0 in favor of signing the letter. </div> <div> Denis Canavan came to set the effective date for the maps.  He suggested an effective date of September 26.  Mattingly asked if there were applications that are pending that might have to be changed and was told no one will have to start over.  Comm Raley said a private pier which is an existing residential use can have one boat that carries 6 - 25 passengers or three boats carrying 6 or less passengers.  A discussion of the perception that the Critical Area Commission is harder on St. Mary’s County followed.  Calvert is allowed to build a 900 sq ft building in the RDA.  McK said he hopes that Senator Madden, who chairs the Commission, will bring common sense and balance to the Commission.  The vote was 5 - 0 in favor of approving the September 26 effective date.  </div> <div> Phil Rollins came to present budget amendments that resulted from state funding not being approved to rebuild piers.  Phil was asked by Raley if there were a sign at Fox Harbor that said the pier has a sign saying the pier is unsafe.  Rollins said they will be receiving $100,000 from the oil spill funding.  They have an appropriation in place.  They should get a memorandum of agreement soon.  Raley asked if we will apply for both Fox Harbor and Piney Point and get money for one, would he return to the BOCC.  Forrest said yes.  The vote was 5 - 0 in favor.  </div> <div> Next George Erichsen came with Rick Tarr. Mattingly asked if he needed to get a class A license.  Tarr was driving a trash truck on Sunday.  Erichsen began with 4 items associated with the airport.  They are closing out the commuter air service project.  The Maryland Aviation Authority agreed to hold their money until a localizer is needed, and that is several years out.  Erichsen said he will return for signage items for the airport so people can know where to get fuel, etc. as well as an airport economic study.  He also said as tie downs break he will need more tie downs.  McK noted he had spent all the money when he brought it back.  They are returning $750,000 and hope to get about $300,000 of it for airport improvements.  Erichsen said the 70 acres the County has is planned to be marketed as 12 lots.  McK asked if we need an environmental assessment to market the lots and was told no.  He went on to say the location at the airport would allow easy access to the airport.  McK noted there is a tenant with no lease and we shouldn’t allow occupants with no lease.  Erichsen agreed.  The vote was 5 - 0 in favor.  </div> <div> The next items were a budget amendment to cover expenses for landfill closure, to make a loan with the Maryland Water Quality Revolving Fund, and to award the construction contract for the landfill closure.  Requirements have changed and costs have increased, but not beyond the authorization for the loan.  McK asked if there is experience with activity on a closed cell.  Tarr said as long as the operation does not invade the lines.  The three items were approved.  Jarboe said he got a call over the weekend about the convenience centers and using daylight savings time  Tarr reported he had begun a survey.  SWAC will conduct a survey at the convenience centers.  People will chose among 5 options.  Tarr said we are asking the citizens.  Erichsen noted that the solid waste rules will be coming to the BOCC in the next two months.</div> <div> <B>Kathy O’Brien came to discuss detoxification services provided to Prince Georges County</B>.  PG County purchases the use of beds from Walden Sierra.  O’Brien said it’s a purchase of care by severity of need.  The facility is most highly used by St. Mary’s.  We don’t keep a block for PG County.  McK said it seems to him we should be focused on Charles, Calvert, and St. Mary’s Counties.  O’Brien said they will continue to prioritize for the Tri County area.  McK noted the liabilities are to St. Mary’s.  O’Brien said yes, while they are in care.  We will return patients to PG County.  There are 22 patients in the 42 bed facility for pregnant addicts and mothers with young children.  Raley said most people say why are we importing PG County residents with drug problems.  O’Brien noted that for 25 years we sent our patients to other parts of the State.  O’Brien said they have never turned away a St. Mary’s County resident because a bed was occupied by a person from another county.  Raley said he couldn’t support an agreement with PC County.  Dement asked what the issue is with Walden.  With Mr. Harvey he works with people from all over.  There was a long discussion about why Walden Sierra has to work with PG County.  McK said he is concerned that people would laugh at him.  O’Brien said they are only funded to treat 22 people.  In order to provide the services to the other 20 they must be paid by someone.  O’Brien noted that 90% of her funds come from St. Mary’s County.  Gary Lynch says this is an economy of scale to upgrade their scale.  O’Brien noted these are people who are making a decision about recovery.  O’Brien said they can’t refuse to do the treatment.  This allows them to get paid.  Lynch said the state average is 60%, their average is 70% for completion and going to after care.  Raley asked if this were time sensitive.  O’Brien said it’s a yearly contract.  Raley said that he notes she said they have to provide the service anyway, but there will be no funding.  He would like to have a piece of paper to show that.  McK noted that she has said there are 20 beds that won’t be filled.  He thinks they can find people from St. Mary’s County.  McK said why should the County provide for other areas.  Mattingly asked for copies of agreements that other jurisdictions have.  The motion to table was passed.  The vote was 5 - 0.  George Forrest said the prayers for Ralph Butler will be at 7:00 and the funeral is tomorrow at 10:00.  </div> <div> <B>Next came the Walden-Sierra annual report</B>.  Kathleen O’Brien and Gary Lynch presented.  They are identifying under served populations and serving them with innovative programs.  They try to promote the well being of children.  They are available 24 hours a day.  Anchor is their new facility in Charlotte Hall.  For pregnant women, and women with children they can provide special treatment.  They operate a halfway house for women and women with children.  They have crisis intervention services.  They provided additional information about the cost of drug use in Maryland.  It costs billions of dollars.  Think of the savings in other areas.  They may need to send a counselor to the person’s home.  They provide counselors for CSAFE and provide evaluations to the court.  They can provide all levels of treatment here.  We are fortunate, said Dr. O’Brien.  They are tracking disaster response in their facility.  There is an effect based on community events.  They can offer sexual assault treatment.  Last year they served 350 people.  90% were from the tri county area.  They will renovate their office in Leonardtown.  They will get training in gambling in case there are problems.  They are going for joint commission accreditation.  They have been working with families on the base.  There are stresses for families.  The unemployment rate being low helps the clients, but makes recruiting difficult.  McK thanked her organization for what it does for the community.  Look at all the folks you serve, he added.  The organization’s budget, said Raley, is $3.5 million and the County contributes about $200,000, most of that is in kind.   They are looking at a 25% increase in funding for next year.  They will be back in September, because September is recovery month.  </div> <div> When I returned the Maryland Department of Transportation was presenting its park and ride plan.  There will be 500 parking places, some bus shelters, lighting, bike racks, bioretention stormwater management.  The buses and the cars will be kept separate.  There will be separate turn lanes.  They looked at levels of service.  There are two morning rushes - one for the park and ride and one for the roadway.  The Park and Ride has a peak from 6 - 7:00 AM.  The roadway peaks from 6:30 to 8:00.  The levels of service are mostly A & B.  Levels of service would drop to D at Golden Beach Road.  At Golden Beach they were able to bring up the level of service, but will need a dualized left turn and widening of Golden Beach Road. They believe they can accomplish this without any displacements.  The conducted two field visits and looked at the queues.  The maximum queue was 13.  One cycle out of 19 could not clear the left turn lane.  In the April visit 5 out of 60 cycles could not clear the lane.  They timed the run through the turn to go south (3 minutes) and through All First (ten minutes).  This facility will cost about $6.6 million.  The completion of the final design and construction is to happen when money becomes available.  McK said he thought they were considering the one on County property, called the New Market site.  They have been working with the County on that.  The funding for New Market has been pushed to this fiscal year.  They were preparing an application for a special exception.  They have worked with SHA to get an access on Route 5.  That project will move forward.  It’s just on hold now.  McK asked if either of those sites would replace S9.  McK asked how long the two lanes would be and was told they would continue to Market Drive.  Jarboe said they have received a letter from the Golden Beach Patuxent Knolls Citizens Association.  The land at Charlotte Hall would work.  Having a parking lot next to Lettie Dent when the commuter parking is not at its height is a good idea.  Golden Beach is the 3<FONT SIZE="1" COLOR="#000000" FACE="Arial" >rd</FONT> largest residential area in St. Mary’s County.  If the existing park and ride and the new one would conflict.  Please look at Route 5 and Route 6.  They are staying out of the buffer area, said the Department of Transportation. They also noted the park and ride could relieve some traffic on Golden Beach Road. Their plan for the New Market Park and Ride does not include tying to Golden Beach Road.  Mattingly asked that they look at the turn on Route 5 on Golden Beach Road. He also asked if the three bus staging would be adequate and was told yes.  One member said there might be traffic relief from better utilization of the buses.  Raley asked and was told that Market Drive is a County road and part of Golden Triangle is a County road.  McK was assured they would be back to get a positive statement that this is what is wanted. McK asked and was told the lights are at 2 foot candles. Jarboe thanked them for the bus service.  During lunch the BOCC will discuss the Lacer vs. St. Mary’s County case.  And they will make an appointment to a committee.  </div> <div> After Lunch, Comm Jarboe moved to authorize staff to proceed as discussed on the Lacer matter, including authorization for an appeal if necessary.  The vote was 5 - 0 in favor.  </div> <div> <B>Jeffrey Jackman will lead us through the zoning map changes, said Canavan</B>.  There are two pieces to the property in the zoning map.  The Planning Commission noted that there was a mistake in the 1990 zoning map which had been carried on in the new map, said Jackman.  Jackman showed the tax map, which contained the property in two colors, indicating a difference in zoning.  It was, Mr. Jackman said, an error.  </div> <div> Lou Grasso came to the table to represent Club properties. The parcel is 50.55 acres, not 55 acres.  Mr. Raley asked if it’s 55 acres or 50.55.  Jackman said they were estimating the size.  He would take Mr. Grasso’s estimate.  Denis Canavan came to the table to note that the subject acreage is part of the parcel.  55 acres was advertised.  When we get into any subsequent develop we’ll have the acreage.  Next is the public hearing for the developers rights and responsibilities agreement.  The Planning Commission made the decision to approve the developers’ rights and responsibilities agreement (RARA).  Comm Mattingly says we should not remove the recreational features of the park.  Raley asked who pays for the renovation of the one unit which is to stay.  Shirer said no one has been identified.  Raley said Tulagi place is to be extended to Willows Road and we have a circle.  He we moved the circle?  Shirer said he wasn’t certain.  Mattingly asked if someone could modify the agreement and was told yes.  If the property owner choses not to wait for the County, he could do the roads and be reimbursed when funds become available.  Terry Wilson, the historical planner, urged the BOCC to preserve one or two units.  She thinks the most salvageable building may be in the Northern Portion.  The southern portion contains the most derelict of the buildings.  She thinks they should be returned to their original condition.  She thinks adapative use of the units would make the most sense.  The financial well being of the County is closely related to the Base.  The Base has been named a WWII historical site.  Experts have said that the buildings should be preserved.  This is the first planned subdivision in St. Mary’s County.  Comm Raley asked the advantages of preserving the duplex as opposed to taking pictures and recording it.  Wilson replied that something that is locally significant and a rare surviving example of something that was built all over the County.  She thinks the buildings should be adaptively reused.  Comm Jarboe said he went to Cadina Air Force Base in Japan.  The architecture was there and had been maintained.  He saw what it could have looked like had it been maintained.  He could almost see a cluster.  Ms. Wilson said whatever the eventual use, they should look like the buildings in Japan.  We all know people who lived there.  She suggested that the Maryland Historical Trust might get involved.  Jarboe suggested Christmas in April.</div> <div> Lou Grasso represented Club Properties.  He said he knows what the flattops did look like.  His daughter wanted to live in Flattops.  He noted that he has been involved with the flattops for over 5 years.  He saw the plan for Lexington Park and bought into it.  As a developer, you have to have a broader vision.  He developed a concept of the parties in interest.  St. Mary’s County is a Party.  The U. S. Navy is a party.  The tenants have an interest.  The developer has an interest.  St. Mary’s County will get the Tulagi Place mission and the Comprehensive Plan.  This plan meets all the requirements.  He noted that they moved the circle to Lei Drive to help the Navy with a traffic problem at the Frank Knox Center.  This agreement will result in quality development, said Mr. Grasso.  It corrects this visual intrusion around the institution around the Base.  One day there will be a Ralph Lauren Polo shop in Lexington Manor.  He wants to create a sense of place in Lexington Park Some people have said this development will cost over $100,000,000.  This plan conforms to the rules.  It’s a perfect example of a good start.  He noted that the AICUZ was the first overlay zoning in the country.  This plan complies with the AICUZ.  There are three  parties in interest.  Everyone has begun to focus on the need for affordable housing in St. Mary’s County.  He is pleased that Club Properties has created a methodology to address the need for affordable housing.  For years the owner of this property has attempted to address the decaying conditions.  He is not proud of what exists there today.  He is glad that they can address the nonconforming use problems.  The new plan will produce 50% of offices, 50% retail divided into retail and accessory retail.  They may have moved some roads.  He noted that the AICUZ is based on consumer stays.  Accessory retail has the shortest consumer stays.</div> <div> Raley noted that part of the agreement is that the County will convey the 1.29 acres to the property owners for use by the County.  The County will not pay for construction says Canavan.  Grasso said Jack Daugherty Blvd. will be county to the edge of the property and then be maintained by the developer.  Comm Raley asked for a definition of a big box store.  Grasso asked to answer and McK said it’s a question as to what a big box is.</div> <div> <B>Commissioner time was next.</B>   Comm Mattingly recapped his visit to the DSS picnic at Dorsey Park for foster care providers.  He attended Mary Wood’s retirement ceremony.  She will consult part time for a while.  Yesterday he attended the first day of school.  Everyone will be looking forward to getting into the routine of new buses and new teachers.  Comm Jarboe said he wants to make the convenience centers convenient.  Comm Raley noted that ST. Peter Claver will have the Labor day festival.  Don’t miss the college fair Sept 16 at the Hollywood fire house.  He attended the first day of school at Carver.  It’s a nice facility.  The Board of Education has announced it’s SAT results.  Great Mills High school posted a 44 point improvement.  In three years their scores have improved by 102 points.  Comm Dement said he didn’t go anywhere this weekend.  He noted we attended Gov Erhlich’s reception at the governor’s mansion.  Comm McK said he would like to have Ms. Lymas come to be recognized.  He went to Hollywood Elementary. The bus driver had to tell him to turn around in his seat.  They will do a ribbon cutting at Nicolet Park on Saturday at 10:30.  County offices will be closed on Monday as will the landfill and the convenience center.  They spent Friday with Victor Hoskins and some community members met with him.  The Jarboe center had a community group convene.  The objective is to focus on getting the flattops project completed and deal with other issues, He thanked the Secretaries and said Hoskins and  Melissaratos are good appointments. </div> <div> The meeting was adjourned.</div> </td> </tr></table></body>