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BOCC 9/30/03
Tom Russell (left of near table) and Chad Holdsworth present the revised Compreshensive Water and Sewer Plan (CWSP)
After the invocation, which was given by the Rev. Dale Cropper, the pledge of allegiance was led by Comm Raley, and the agenda was approved, as were the bills. The minutes were then approved. Comm Raley served as chair until Comm McK arrived.
Then a proclamation of the Knights of Columbus Tootsie Roll Campaign. All the proceeds go to the special children in St. Mary’s County.
Mary Ellen Gilbert, Rick Tancreto, John Wagner, and Bobby Swann came to present for Habitat for Humanity. Tancreto did most of the talking. This organization, he said, is based in Americus Georgia and provides affordable homes for families in need. They have built 120,000 homes in 20 years. They are the 14th largest builder in the United States. There has never been a home built in St. Mary’s County. The Patuxent Habitat has just been formed with the purpose of building homes in St. Mary’s County. The first home was built in the White Sands community in Calvert County. The normal home is a three bedroom, one bath rambler. The White Sands home has six bedrooms to accommodate a 13 member family. The family who lives there was moved from Lexington Park because there was no land available in St. Mary’s County. To qualify, a family must have a need, they must partner with Habitat for Humanity (at least 300 hours), the family must be gainfully employed. The mortgage is for the cost of building the home (land not included). In many cases the mortgage is a wash with former costs for housing. This is not a handout. Comm McK came to join the group. This would be suitable for Lexington Manor tenants. Wayne Davis has raised $60,000 to build our first Habitat home. They plan to build 50 homes in the next five years. They will do that by getting the money from the community. This meets the definition of simple, affordable housing. They look for homes that are in disrepair that can be renovated. Owners contribute the homes. They know that affordable housing is one of the key initiatives for Lexington Manor. They have worked with County employees. There are three requests: 1. Waive the impact fee. This allows the money to be spent for building materials. 2. Waive the 5 acre lot requirement. 3. Consider donating County-owned land for home sites. They don’t want to move another family. They have provided a list of parcels. They are most interested in tab three and tab 12. (?) He thanked the BOCC. Comm Jarboe said he was familiar with the fact that Habitat homes all survived Hurricane David. He isn’t sure waiving the impact fee is legal. Norris said because the Attorney General has give the opinion that the St. Mary’s impact fee is an excise tax, legislative change is required. 1,056 was the limit recommended by Habitat people. Denis Canavan said it’s a 5 acre density, not a 5 acre lot. Clearly we can get more homes on less land and make if affordable. McK said you can put a home on 1/4 acre, but the density still has to be one home per 5 acres. Probably they can build 10 homes on 50 acres. Canavan said that homes can be built on 3 acres with TDR’s which could be donated. Tab 12 in the book presented to the BOCC is the old Carver school. They could refurbish the school and make 14 apartments. His son lives in a Baltimore apartment which was built in a school. McK said they have a large initiative going on to relocate people from Lexington Manor. Mattingly suggested the use of the Facchina property. Jarboe said people who have property between 5 and 10 acres could perhaps use the extra land for affordable homes. Canavan said if you depart from the base density. He suggested a guest house, an accessory apartment for a family apartment. Comm Raley noted that Calvert County had waived the impact fee. They did not ask the question, said Bobby Swann. Raley asked Canavan to give them options and to have Ms. Malone research property. Then he asked if there were restrictions on resale. Habitat holds the mortgage so they can’t be forced out. There cannot, said a Habitat person, be a profitable resale. The phone # is 410-326-9050 in Calvert County. McK said we have already asked the question and will have to follow the legislative route to do that. That’s not to say that Calvert did the wrong thing. Mattingly asked if the home is monitored. Mr. Tancreto said the family is nurtured after they move in to make sure they make the household run properly. He said they don’t yet have a site identified. They have funding and materials, but no site. Mattingly said they have a long list of properties acquired from tax sale.
I left the room for a while and when I returned it was County Administrator time and Judge Kaminetz was requesting a reclassification of the Assignment Office. (I understand that the Emergency Food Assistance Program was approved. Judge Kaminetz was saying that we meet our objectives for completing cases within limits in 90% of the cases. Two people can now do what three people used to do because both are hardworking individuals, they have mastered the computer system. Judge Kaminetz thanked Mr. Schultz, the County Attorney, the County Administrator, and Ms. Kramer, as well as Mr. Cooper. The public doesn’t know about the planning meeting you held. You did an outstanding job. It couldn’t have been any better planned. Mr. Schultz said he agrees that the analysis justifies the upgrade. He is supporting this proposal. Kaminetz said calling these people secretaries is a misnomer. He said he didn’t pick this number without checking around. The raise is about 3%, but it opens a path. The proposal was approved. The vote was 5 - 0.
Schultz then presented several reclassifications. McK said everyone picks up additional duties, but we should pay people when they are performing above grade levels. Schultz was asked and said the prior County Administrator simply didn’t bring these reclassifications to the table. There is no budget amendment required, is there? asked McK.
Phil Rollins came to present bylaw changes for the Museum Division. McK asked and was told that the changes were reviewed by legal counsel. McK asked to have both the new and the old set so that the BOCC can see all the changes. McK said he would like to wait until reorganization is completed. He doesn’t know how reorganization will affect the Museum Division. Maybe we should wait and see. He doesn’t see anything that causes a hurry. Jarboe said we have discussed that the museum division should be moved to Economic Development. Raley said we could move forward with exception of Article 5, Section 6. There was discussion by Mattingly about having a person who serves part of a term only be able to serve one more term. Norris said the place to make it unified is in the County Code where it says two terms is the limit. Norris was asked to bring it to the table. The By-Laws were approved with the exception. McK asked if Piney Point would be closed the rest of the fall. He was told we might have to wait until spring and all the artifacts, etc. are safe because they were moved.
Phil Rollins presented a request to move funding from Wicomico Shores public landing to St. Inigoes Public Landing. Rollins said the bids were over estimates. The cost estimate from the engineering firm was $68,000 and came in at $138,000. The engineers said the costs for this area seems much higher than anticipated. The problem at St. Inigoes is that the boat ramp fills up with sand. They want to transfer $46,800 from Wicomico Shores. That plus another small grant of $5,000 will accomplish the project. Wicomico Shores was estimated to be $250,000 and the low bid was $221,000. They know they would not be able to do the entire project. If they transfer from Wicomico, they would have about $150,000 available. They could still do the pier for Wicomico, but not the dredging and shoreline erosion. He thinks St. Inigoes is the highest priority. They didn’t expect the loss of the large pier at Wicomico, and are not waiting to hear from the insurance company. At Wicomico there were eight rigs using the area, said Ball. Raley noted that St. Inigoes is a replacement for the Point Lookout State Park, but the board ramp there is not usable for a boat of any size. McK asked how confident they are that the engineering will solve the problem. Ball said this is not the ideal site for a boat ramp. He doesn’t think the engineer is the best at estimating costs. Ball continued that there may be problems in 8 - 10 years which will require dredging. It’s a beautiful place for a boat ramp and is used by the public a lot. Jarboe asked and was told by Ball that the pilings are deteriorating. Some stringers have disappeared. This is a step down pier, said Rollins, as opposed to the large pier which is 40 years old. The transfer was authorized. The vote was 5 - 0. Jarboe said he wants to move the boat ramp for ST. Inigoes ahead, but wants to work with Parks and Recs and get some deck boards donated. George Forrest said that Mr. Ball came out to clear out the parks. Jarboe asked if we can cycle down the work a little and Raley asked to have his thanks extended to the people. Both Dement and Mattingly left the room.
The office of community services came to get approval for a funds transfer from the BOCC reserve to be used for transportation and other contract services for the SOSAR camp. This will allow unexpected expenses to be addressed. The funds are coming ultimately from the Office of Community Services. This is the fastest way to pay vendors. Both the funds transfer and a budget amendment hearing were approved. The vote was 5 - 0.
Kramer said she is presenting a budget calendar. That calendar was not made available to the public. McK said each meeting does more damage. We need to cut some meetings out.
Joyce Malone and McK agreed that the beginning of the property disposal proposed here was held in public session. The County will receive $75,500 for the sale of a portion of the railroad right of way to the State. There will be a portion north of this property which is in Charles County. McK said they are affecting the access. The right people don’t have the information. Norris said that’s the standard decision the State makes. Norris said we can seek additional compensation or give up property that accesses our property to the North. If the County doesn’t sell the property, then the State will take it. Mattingly asked if the BOCC is the sole owner and was told yes. Norris said we would like additional compensation, either acreage of cash. They are taking this road because they need it. To get a piece of property to connect this back, he continued, will create similar problems. McK asked for a possible down and up side. Norris said his time. This is something he has done in the past. Norris said they can pursue it further. McK wants to proceed to defend our position.
Then Ms. Malone presented a lease between the State and the detention center for district court commissioners to remain at the detention center for a dollar a year. We looked at other fees, said McK. This is a way to work with the State on this issue. The lease was approved. The vote was 5 - 0.
The final lease agreement between the County and All Faith Church for the use of All Faith as a site for the Northern Senior Center. The rental includes the fellowship hall and a trailer which All Faith no longer needs. The rental is $250/ month which is for two days. Mattingly noted that our new building should have been finished by now. McK asked where the funds will come from and was told Title 3 money and their special funds. The lease was approved. The vote was 5 - 0.
Next came Erichsen to join Malone to ask for authorization of standardized tie-down and hangar leases as part of a prior approved security and safety plan. Erichsen said we have not had leases with users of tie-downs and hangars before. These leases will make clear who does what. McK said there is no fiscal pro forma as to our obligations. He would like to know how this lease impacts the fiscal condition of the airport. Erichsen noted that this is the 3rd time this has been before you. McK said if these are our current costs and we are meeting our current costs, that’s fined. Mattingly said that can be taken care of when we discuss fees. Kramer said they need to discuss what methodology should be used. Mattingly suggested some changes. He asked if the requirements go far enough to meet requirements for security and was told yes. Erichsen said he would have the pro forma analysis.
John Savich came to present a request for a release of a County Agricultural Land Preservation Agreement. The property owner wanted to deed some land to his children.
Then he present a request for a second contract for an appraisal so that the appraisals will give us a handle on the cost of the property. The costs are reimbursable under State programs. The funds would either be part of the County share of costs, or would be reimbursed by the grants. The contract was approved. The vote was 5 - 0.
The tower at Dorsey Park was the next topic. The Recs and Parks Board has asked if the funds received by the lease of the tower should go into their enterprise fund. McK said he doesn’t see how those funds could go to the enterprise fund. McK asked how you answer the claim that the enterprise fund is stressed by the pool and the gymnastics program would be relieved by that strain. McK said you cloud the picture of what the true cost of the program is. Raley said pavilion funds go into the enterprise fund. McK said if we set up an enterprise fund at the airport should the rental of parking spaces be part of the enterprise fund. Jarboe said we know we want to improve the 911 communications. We deal with a priority of needs. If we have to divert from the general fund, that’s what we have to do. Something keeps growing and may not be a priority. The basis for an enterprise fund, said McK, is that it will be sufficient for the activities. Rollins said some programs make a little money and some lose a little. We don’t continue to run programs that can’t break even. This is different than selling advertising space, said McK. Those funds are being generated for and because of that activity. Rollins said the feeling was that if it would detract from the aesthetics, they could live with it if it provided funding for the enterprise fund. In Charles County when this was done at schools, it benefitted the school. McK said if there were a benefit for the park to be done, it would be approved. He doesn’t want a precedent for revenues to be used in this way. Raley said he moves we tell them that the BOCC can’t agree to their request. The vote was 5 - 0 in favor.
Schultz then came to say the funds have been identified for reclassifications. McK first asked for a motion and then for discussion. Schultz said if we don’t maintain comparability with competing Counties, we may lose our employees. Dement asked why employees are reclassified all the time. Schultz said they are usually done as part of the budget cycle. Forrest said it is not the fault of these employees that they were not reclassified. It was a fault of the system. Forrest said people have been working out of their classification for months. Schultz said most of these employees have been out of their classifications for a year. McK said he concurs that this should not be done outside the budget cycle. However this brings us up to date and we could stay in a more consistent pattern. Mattingly said he has a conflict and will abstain. Jarboe made the motion to adopt with the exception and requested of the office specialist grade two. Raley seconded the motion “reluctantly.” McK said there is a clear understanding of what’s expected in the future. The vote was 4 - 0, Mattingly abstaining. Legislative issues must be submitted by tomorrow. Forrest announced that the deadline for submission is tomorrow. McK asked if October 1 was Bohanan’s deadline. Donna Gebicke said Bohanan set a deadline, and our deadline is a back up from his.
Bob Kelly noted that the IT office has done some updating of the system. There was an attack of the worm, but none got through to the network despite the fact that there were 17,000 attempts. Kelly said they worked very quickly with Verizon and everything was done in a couple of days. It would have taken weeks and months in prior years. Verizon responded within hours. We learned that IT operations were very stable. One station went down for about 20 minutes. They were operational the entire time. We have moved our connection to the Emergency Management Center. They have changed the web site so citizens can sign up for notification. Hurricane pictures can be uploaded by citizens, and those pictures have received about 1,000 hits a day. You can zoom into your property and see if you are in that zone to received damage. Raley asked if Phil Cooper knows we have that. Forrest said yes. We did a flyover before the hurricane, and we are arranging for a second flyover. That information will be available. Mattingly said they have made tremendous progress. McK said he hopes we aren’t getting to a big brother scenario. Kelly said they have a disclaimer on the web site, and people are turning over the right to publish the disclaimer. Raley noted that we have made significant progress on our web site. Kelly said we are fortunate to have a good staff. McK said we need to constantly tell our employees to answer their telephones. Voice mail becomes a habit. We need to answer the phone.
Comm Dement said he would speak for all of us in terms of community meetings. That was a great idea. He attended the George Forrest Technical Center ribbon cutting. He attended the NARFE meeting. One concern was in reference to the senior age cap on property taxes. He attended the 5 K walk in Leonardtown. He made a donation. He missed the Salt and Pepper picnic on Sunday. Mattingly congratulated the Chamber of Commerce on the State of the County luncheon. He congratulated the Navy Alliance on the Navy Alliance dinner. He went to the Forrest Center ribbon cutting. He thinks the public should be cautioned at a time when there is extra need for cleanup after the hurricane. Most of the contractors are fine, but a few are not. He went to Breton Beach and people asked about electrical connection. SMECO has approval to allow electrical connections to be placed on the service poles at the property. He wants to provide a list of who the property owners are. He will pass it on to Robin and get Robin to follow up. Comm Jarboe said they are presenting a waiver of permit fees for reconstruction, but inspection fees would have to be paid. He asked if the BOCC could waive the inspection fees. McK said there are a couple of issues. We pay someone to do the inspections, McK continued. Are we waiving a fee the homeowner wasn’t going to pay themselves. He’s not opposed. If we are waiving a fee for insurance companies, McK continued, I’m hesitant. Raley said they should ask Robin and Dennis to look into it. Jarboe said we are cleaning up. He hopes people will offer to help their neighbors in community cleanups. People can volunteer at 301-475-4911, and they can notify that they have a need at that number. Mattingly said he got a copy of a 2002 disaster loss kit from IRS. Comm Raley said he wants to thank all County employees. Staff was put under a tremendous amount of strain, but all of them did what they could. He asked George to pass it on. He said it’s been a pleasure to work with this Board and its help with the process. Someone asked if he bought something, but he said he paid his property taxes and has no money. They had discussions with the Navy Alliance and the Governor about the seven BRAC priorities. They brought up the idea of a land swap for schools. The Office of General Services is working on it. He attended the Higher Ed Center ribbon cutting with the Governor. It was a good event. He will be attending a Critical Areas Commission meeting. There is an issue about expanding the parking lot at St. Mary’s College. They are providing mitigation. The Navy Alliance presented a painting by Mary Lou Troutman to the BOCC and McK accepted it for the BOCC. They broke for lunch.
After lunch, Jeff Jackman of the Land Use and Growth Management Office presented an introduction to the complete revision of the 1993 Sewer and Water Plan. Then Chad Holdsworth said they have expanded on the definitions of S-1 and SD -3. They have recommended impoundment and desalinization. They have introduced a bonding program to help expend sewers. There is a larger map to document the service areas. This plan downsizes areas eligible to receive sewer and water to correspond with the current zoning ordinance. They have updated the capacity of the sewage treatment systems. They think they have a more accurate calculation of an EDU for commercial development. Comm Raley noted that the CWSP requires hookup if property is within 200 feet of sewer or water. He was told that requirement is not in the Zoning Ordinance. Raley asked about hooking two properties on one well, does this plan favor that? Holdsworth said it would require a binding agreement. Holdsworth said in a community system joint use is favored. Canavan said we are fostering clustered development so we should foster opportunities to share wells, but the issue is not addressed. Raley asked about lots of 25 homes or more. He said applicants have to get a change in the water and sewer plan to do a subdivision of 25 lots or more. Appeals are made to the Planning Commission. Raley said on 1.6.2B. Holdsworth said a parent lot could hook to the sewer, but subdivided lots could not connect and get more density. Raley asked what would happen if he had an old subdivision or an old PUD. Raley said he is not opening the lower end of the County to central sewer. McK said there will be other opportunities to address concerns.
Mattingly asked about the EDU formula, would it address schools. Russell said it’s per student and the level of the school. If meals are prepared, that would affect the level. Mattingly said the Tech Center has a large facility, but a low student population. He hopes the fairgrounds would be considered. Holdsworth said you have to be fluid in applying the EDU’s. Russell said this provides another tool. We need to look at the unique situation of each application. He said the new gas n go operations would have been calculated as one EDU. Some are using 3,000 gallons of water a day. Mattingly asked if MetCom can turn down a system. Russell said small shared systems may not be taken over because they are not cost effective. Russell said they could sub contract to a licensed operator. Mattingly asked if Wicomico was all land disposal and was told yes. He then asked if we should include the Leonardtown development district in the statement that all shall be included in the water and sewer area. Russell said Naval Air Station is part of Marlay Turner. The sewer facilities, said Jackman, are in Chapter 4. Mattingly asked about 1.53.1A1. Should we allow infill to be extended? Would we be wise to allow growth there as opposed to development somewhere else. Mattingly wants to look at infill. Mattingly asked if the single applicant would be placed behind a 30 home subdivision. Jackman said the intent is to accommodate the health hazard. St. Clements Shores has vacant properties that are waiting. Property that has failing septic systems has leapfrogged over those waiting properties. Mattingly would like more current data. He asked if there has been a study of an impoundment area on the west side of Route 5. Mattingly said he has questions about maps. Is there a category for a system that exists in a rural area? Jackman said there is a RW (rural water) category. Jackman said rural water is a community system. Mattingly said why is Country Lakes a rural water system, and was told because it’s in the rural area. Mattingly said there is a property zoned RL and it has a category of W- 6. These are outside the development areas. Why don’t we show that as RW. Holdsworth said because the water doesn’t originate within the development district. There is a property on Indian Bridge Road which is RL and shows as rural water. Jackman said that’s because they anticipate that Indian Bridge Road Development will be done with a local water supply. Jackman noted there is provision for RNC areas to be provided with sewer. Raley asked for a list of properties that currently have W -6 or S -6 which are proposing to be changed. We are taking property rights away from some of these properties, said Mattingly. McK doesn’t disagree with Mattingly. An RW could be affixed by an administrative change, he added. Mattingly continued it doesn’t make any send to go from a W -6 to nothing. Raley asked for a list again, and Canavan said they would provide that. McK asked about areas that have been given designations. McK then said he would open the hearing for public comments.
McK called the speakers. Raley asked do we have to certify that this was advertised, and was told that had happened.
Bernadette Beavins said his property is currently zoned R-1. They are proposing to disallow that property from having access to public sewer. If the sewer and water category is changed would cause him a severe penalty. He went through this with the Comprehensive Plan. He said he didn’t know it was removed from the development district. He has a contract on that property. He said that when his neighbor was planning changes he was notified. He thinks that he should have been notified when the property value was changed. Larry Day was the next speaker. He followed up on Beavin’s comments. He has done a lot of work. They have looked at a central sewer system. He has done a lot work, including looking at the wetlands. In this process he finds out that the property had been removed from the development district. He thinks the property should remain in the development district. Jeff Jackman said that in 1999 the BOCC readopted the Comprehensive Plan and the development district was resized. The part Beavans is discussing would have had a hole because of the wetlands. We have been counseled by the State that our development districts are too large. Mattingly asked if the property had been removed in 1990 and was told 1999. Bill Mehaffey said he represents the property owners of properties which are currently in the process of having their sewer and water category changed. He said it is unclear which properties are planned to be connected to water and sewer. He thinks the properties within 1700 feet should be placed in a category that would allow them to connect. If they develop, they have to connect. The public hearing was closed. The record will stay open for 10 days. McK said there are 230,000 acres of land of which 56,000 is projected to be developed
Bob Harper and Sam Brown came to present the Recreation and Parks Board’s Annual Report for 2002. The Recs and Parks Board has nine members. They have three new members and are at full staff. They held several meetings on the gymnastics center fee structure. They brought new parks on line and worked on the Three Notch Trail. They have found the impact on hunters to be more significant than anticipated. The storm has necessitated extensive repairs. The pool is ready to open and they are looking carefully at the revenue to be generated. The Board is concerned about bringing more amenities on line and the staffing hasn’t been increased. The Southern Maryland BMX organization is working on a BMX track. He offered to take BOCC concerns back to the Recs and Parks Board. McK asked when the pool will open. Rollins said they are awaiting electricity. Then they can erect the bubble. They expect to open in October. McK asked if they should wait until January. The Recs Board did an analysis of the cost difference between October and January and the difference was less than $20,000. McK asked about advertising. Harper said they do have some 4 x 8 plywood used for ads which are on the field during the games. They have looked at public-private partnerships and BMX has been successful. Rollins said they are talking with the Boys and Girls Club. McK said sometimes we have to look outside what we have done in the past. He wants substantial private sector funds. McKay said most companies have gone to supporting one large effort rather than smaller projects. McK said the BOCC would like to have the revenue that is assigned be related to the mission of the program assigned. Mattingly thanks the Recs and Parks Board for their excellent work. McK asked if the Recs and Parks Board could revisit the museum master plan. Harper said that is the work the Museum Board. McK asked if the Museum Board was taking up the master plan and Rollins said yes. McK said the BOCC is releasing a news release that says people have been told they are not in the right area. If you were told that, please call them again.

Commissioner McKay at the Three Oaks celebration of new space.
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