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BOCC 11/18/03
When I arrived, the BOCC was recognizing Girl Scouts who have helped with cleanup efforts in St. Mary’s County. Then the VISTA’s who helped were recognized. GIS information day was proclaimed. It’s Wednesday. George Erichsen received a proclamation for America Recycles day.
Next came the County Administrator’s time. There will be no meeting on November 25, but there will be a budget session on December 1.
Bob Kelly presented a fee schedule for GIS information. Kelly noted that it has cost us a great deal of money to develop our GIS system. Private concerns are seeking to repackage it (for Yahoo, etc.) and Kelly thinks we should recover money from such commercial firms. Kelly did not bring the fee schedule, so they deferred a decision and said they would rehear his presentation at the end of the administrator time.
Gene Carter came to present a notification of grant award of Title III funds. This is for six months. That is typical. This amount of the grant represents level funding. St. Mary’s County is experiencing an increase in its senior population. The amount is $294,719. Carter said this grant supports congregate meals, home delivered meals, national family caregiver support program, and community services for seniors (the INA person). This is the backbone of senior programs, said Carter. Grant money is expected to amount to $684,000 when all programs are included. The vote was 5 - 0 in favor of authorizing Comm McK to sign the grant award.
George Erichsen came to present a Right-of-Entry Agreement from DNR to test their adjacent property. Erichsen reported no gas migration on previously tested property. His department is checking all areas, even those not required to be tested because they were closed under prior regulations. McK asked and was told we contract the testing out. The active gas vent system is working, and saved the County over $500,000. The vote to approve the right-of-entry agreement was 5 - 0. Erichsen thanked Joyce for her help in getting the agreement. Then he presented locations, color selection, and signage type for Governmental Center signs. They had packages with colors (bronze recommended), and signage type as well as signs for intersections and directional signs. Erichsen said the sign would have individual signs. Signs will cost $11,000. For $4,000 you can use single signs, but every time there’s a change you need a new sign. Raley asked if signs were illuminated. Erichsen said it could be added, but low beam headlights will illuminate the sign. Money comes from existing balance. This is facility signage, not building name signage. McK said this is the first time the BOCC could see the proposed locations. Erichsen said he would leave the site plan there. In response to a question from Mattingly, Erichsen said there would be signs for each building listing what offices are in the building. Mattingly praised the signs proposed are affordable. Mattingly asked how much money was left in the project and was told $50,000. Mattingly asked if the building signage could be done too. McK asked how Erichsen selected the company to do the signs and was told the County has three contracts. Erichsen said they can do a quick bid and see what they get locally. Dement said we need to look at local people. Mattingly said he’d like to see it move forward. He’d also like to see local people get the work. Erichsen said the company prepared the bid prop bono. Norris III, County Attorney, ask the BOCC to select a style a sign. McKay asked that the sign say “welcome” instead of enjoy your visit. Donna Gebecke asked if they could include the limit of $15,000. They decided yes. The vote was 5 - 0 in favor of moving forward on the signs. The next item was authorization for a signature on a DNA Waterway Improvement Fund application for FY ‘05. Erichsen said the Orban and Drury families should be thanked for agreeing to lease property for placing the spoilage from the dredge. Raley said this project needs to be pushed. It is not criticism of Erichsen, but people cannot get out of the creek. Mattingly asked about dredging windows and was told April1 to May 31, and October 1 to November 30. Erichsen said they can finish the project, even though it looks like it will be next fall. McK said when we have construction projects we want to get in and get out. They must go forward. The process is what the process is. The vote was 5 - 0 in favor.
Phil Rollins brought temporary easement agreements related to widening route 234 at Chaptico Park. The vote was 5 - 0 in favor. Then he presented an open space development application for Phase II of Nicolet Park. Rollins said, in response to a McK question, that all acquisition money has been used, but the development money, which is a different pot, has not been used. The County has $200,000 in the project for ‘05. Rollins said they would set up the bid so that if the County money doesn’t materialize, the project could still go forward. Raley asked and was told that there would be no lighting at the park. Rollins said one can use all the funds for acquisition. However, you have to use half for acquisition. We have always used the other 50% to improve existing parks. This is the way the capital budget was approved, he said. McK asked for background. He noted that the baseball diamond has been taken away. Rollins said the stormwater management required them to put a pond where the diamond was, and that the whole level be raised. Mattingly said we have plans that could be satisfied with program open space money. We have a commitment to Leonardtown for development of the wharf. He has concerns. Raley said he is a firm believer in finishing what we have started, and Nicolet has been started and we should finish it. Raley said he hasn’t made any commitments to the wharf. We should, he said, finish this project. The open space money is continual. McK said in all fairness, you’ve heard that the park is planned as a public development. Raley said he isn’t in favor of holding back funds for something that may happen, for something that is happening. McK said the funds were to go to the Club Property project. Raley said you are saying let’s have a half finished project and put the money into a new project in Leonardtown. Mattingly noted that program open space money may not even come. Raley said he must have gotten up on the wrong side of the bed. We already have the reputation that we are pulling out of Lexington Park. McK said you are forgetting that we have committed to a $15,000,000 project in Lexington Park and are concerned about a $150,000 project. Mattingly said if we have adequate parks to serve the community. Leonardtown has requested fiscal help, said McK. Rollins said the Leonardtown money could come from FY ‘05 is there is money. McK said the purchase of the Leonardtown Property is not under our control. The town has to be prepared to go to settlement at that time. Leonardtown doesn’t know when they will need it. He thinks this could present a problem for program open space, we would have to get the application approved. Leonardtown needs $200,000. Raley said we should withdraw the $1.5 million for the golf course property. Dement said if we have something started we need to complete it. Raley moved to have the money applied to Nicolet Park. McK said he will support the motion, but he hopes his colleagues will support Leonardtown. Jarboe said he supports Leonardtown and will support it when the time comes for money for Leonardtown.
John Savich and Robin Finnacom came to the table. Then the fee schedule was passed out. Then Savich presented applications for the northern and southern portion of Lexington Manor. $5.4 million for federal funding, $2.5 million for acquisition and $700,000 for demolition for the north parcel. The relocation of northern residents has not yet been funded. Raley noted the application says the Housing Authority will manage the property. Has the Housing Authority agreed to that? Savich said the Housing Authority is comfortable with playing a strong role. The County intends to find the same relocation benefits for residents of the Northern Parcel as required for residents of the southern parcel. Within three years properties must be designated to replace the units. Savich noted there are 19,000 jobs at the base. The applications will be available when the hearing date is firmed up and advertised.
Randy Schultz came to present a proposed amendment to the Sheriff’s Office retirement plan document. IRS requirements require amendments. The BOCC asked to have the new Board of Trustees review the amendments and they did and recommended adoption. There has been a public meeting to received comments and they received positive comments from the members of the plan. This amendment will have to be advertised. McK said there is a public hearing scheduled here December 8, no it’s the Lexington Manor public hearing and at the Lexington Park Library. They also have a public meeting for Dec 8. Schultz said he can review the pieces. The first change is to comply with an IRS ruling, the second change amends the language to allow the inmate services representative to participate. The 3rd change the definition of years of service. Now instead of 1,000 hours of service, it’s a monthly amount so people can retire in the month they attain 25 years of service. The 4th allows the Sheriff to waive participation in the plan. The 5th change allows fractional credit for service. Jarboe asked if there are people who have both retirement and salary and was told not in County government. Schultz said this would be a moot point if he had retired. There were concerns by the Sheriff about other provisions in the plan. Comm Jarboe said if this were presented prior to election (change 4) he could be a lot more comfortable with it. McK asked if Jarboe would like to have Dement amend his motion. Jarboe said no and voted against the motion. The vote was 4 - 1 against.
Mr. Kelly brought the fee schedule to the table. There are two transfers of medium (digital format). GIS information is more than just maps. It’s information which is tied to those maps. Comm Raley asked what an individual property owner would be subject to. Kelly said they should go to the web site. The zoning layer is available on the web site. They can go to the library. Everything the homeowner needs is on the web site. The pricing reflects the GIS operator loading the data, printing it out. The vote was 5 - 0 in favor. Jarboe noted this will be appreciated by people in the community.
Walden Sierra has requested signature on an intergovernmental agreement to provide services to crime victims. The agreement did not mention Walden Sierra and so an additional agreement has been drafted. Walden Sierra lost two months of funding. Norris said the two months are tacked onto the end of the program. Walden Sierras costs to date are unfunded.
Jennie Page was appointed to the Mental Health Authority.
McK was approved as 2004 MACO delegate with Mattingly as the alternate.
The Department of Economic Development in the person of John Savich came to make a presentation on workforce housing (otherwise known as affordable housing). He began by saying there was a housing needs assessment. He is suggesting a policy and some next steps. They have received comments from a wide variety of sources. This is a much broader group than just builders. The League said the population is growing the amount of land is not. The Housing Forum said in a measure way we should relax some restrictions close to water and sewer. Median Family Income is $70,500 according to HUD. It excludes single member households. 50% of this is 35,000. He presented a chart of sample earnings. Law clerks don’t make that much money. 30% in $28,000 or $700 a month. This is a national problem. Maryland ranks 5th least affordable by the National Low Income Housing Coalition. October vacancy is 1.9%. 28.4% of rental households are rent overburdened. According to the HUD the fair market rental should be $620 a month, the Danter study says the average price is $806. McK asked and was told the Danter study was last year and the HUD numbers are this year. The study says need for housing below $175,000 is about 2,300 units or more than half of what is needed in the next five years. 350 units are projected. The Comprehensive Plan calls for more affordable housing. He would like a more focused policy statement. 1. THE BOCC will establish five year targets for workforce housing. The County will develop incentives for provide more affordable housing. He offered a five point set. Savich raised the question of what sort of target we should set. 50 under $150,000 and 50 for !50,000 - 175,000. 70 units for workforce and senior housing. Diversity by sub region in the County.
He questions whether we should take a regulatory approach. He suggests a market oriented approach. Look at the developers’ market realities. We can affect development costs, and management costs. Counties can affect the cost of land, site preparation and infrastructure, financing costs, government and professional fees. Among the management costs only taxes can be affected. The County took a payment in lieu of taxes for the Lexington Park Senior Apartments. The Maryland Community Development Authority has financing programs. He suggests fee waiver or deferral, land donation or cost write down, public infrastructure funding, payment in lieu of taxes, regulatory incentives (density, height). Tax increment financing designates a district and when a structure is built the increase in taxes is applied to paying off a bond. He would like direction on all or some of these items. Savich noted that impact fee waiver has leapfrogged ahead of the presentation. McK said let’s start with the housing policy statement. We have, he said. a current Comprehensive Plan statement. This would stand beneath the umbrella of the Comp Plan and would be a free standing policy statement. McK said there are not a lot of teeth to it. It would be like the seven BRAC priorities. It has no force of law. He said we get frustrated with regulations that have no teeth. There is a person who lost a trailer and can’t put a trailer back on that location. We want affordable housing but he would like to get something done. Savich said that could be done through changes. He could get with Canavan. McK said let’s do what we can do. McKay said let’s not do more than we should do. If these numbers are true 60% of our demand will be less than $175,000.
Mattingly said these numbers are way off what the markets are actually doing. The development community has not interest in going there. Every builder you talk to has more work than he can do. Prices are rising. How can you attract people back to that market?
McK said there is a group representing the Joint Strike Fighter workforce that is being relocated. It will be interesting to see what those people can afford. 50 or 100 workforce homes is all we can do. To put too many things out there that we lose control of. . . can we maintain control of the fiscal impact. By taking a market oriented approach, you can adjust with the market.
Savich said we should look for the mix that will provide a real incentive to developers. McK said didn’t put on the list, it would come under land, by increasing density, would that affect the density.
Jarboe noted that donated lots have other problems. They have to help the County. When there’s a mosquito problem in the yard . . .
McK said they will hear from the children and grandchildren of a family farm that can’t allocate land for a starter home because they have run out of space on the farm. That seems to be part of the solution. We should be first concerned about those already in the community. Increasing density wouldn’t cost the county for tax waivers or fee waivers.
Savich said there really aren’t any good models. We’ll have to feel our way along. Savich said the Chamber of Commerce is asking for a report on the BOCC meeting.
Mattingly said you don’t want to open the door to everything. Habitat has issues with land donations and fee waivers.
Raley said workforce housing is not just a County problem. He asked about statements from other counties. Do most statements include targets. Savich replied targets are common. The Cohen report suggested we establish targets. Jacqueline Rogers suggested targets. Sometimes they are broader. We need an operational target.
McK said they could give direction or ask for more information. McK said he recommends adopting the policy statement and the targets and get more information on the proposed tools. Savich said they could flesh out the tools and work the number and get a sense of how much they would affect what we are trying to do. Mattingly said the policy statement should be worked on and the targets should have some numbers. He wants a general feeling of what the targets would cost. He doesn’t see the BOCC doing fee waiver. McK said he would like to have budget impacts of the targets and development tools. There was a discussion about town houses. Raley said 383, and I said 482. There are 15 town homes in Leonardtown. McK said it’s not our role to solve these problems. Comments are made about teachers and Sheriff’s department employees, but they are in the middle. Savich said it’s a reasonable issue for us to address. Changes in federal financing programs would make a big difference. Raley said we need the financial impact of these proposals. McK said we cannot get into the entire housing market.
After lunch the BOCC discussed refinancing the nursing center bonds. The vote was 5 - 0. McK said every time Mr. Lewis comes down he gets a fat check and we get two minutes worth of discussion. Raley said he hopes that this savings would result in relief to private pay patients.
The next item was the Senior tax relief.
The next item was the southern Maryland Child Care resource center annual report. The Center has received a grant for teaching of ready. They found there are not enough services for children. They will provide services for care givers. The grant will provide services for the caregivers so they can provide better reading opportunities for children. They have added a component for grandparents and other caregivers. They provide outreach coordinators, an activity kit, and books. There will be additional activities for a college level course on emergent literacy. They provide a mentor for translating the course material into activities. They have been chosen as a field test site for a new assessment tool. They are partnering with a Charles County agency and with the Boeing Company. The agency will provide a van, and Boeing will provide money for books. They are working with DSS and the three Counties and printing a newsletter. The expectation is to increase the scores of children as they come to school ready to learn. McK asked if they received the entire grant amount, $54,165? He was told yes. He asked if they would receive more money next year. She said they are not sure. They were told they could apply at the end of their grant period. 8 of 26 applicants in the first cycle received funding for another year. Their grant was cut 29% this past year. She is looking elsewhere as well. I had to leave the room for a phone call.
When I returned, Gene Carter was talking about a report on property tax strategies done by NARFE. The report, said Gene, was outstanding. The only contribution staff had to make was to update some of the demographics. The data are not available, but would have little effect on the report. The public members recommended an age based property tax cap. They recommended that it be tied to the social security full retirement age, which increases gradually over the next several years. Staff members did not disagree, but suggested that the BOCC might want to do a further analysis and increase public awareness of programs currently on the books. There was an effort to heighten awareness. They tried to provide information at the time tax bills went out to provide information about property tax relief programs. In a casual discussion with Comm McK, said Carter, he was interested in a tax cap for age 70. This was covered in the citizens’ report. Such a tax cap would include about 4,700 and would result in about 3,800 per home for 10 years or $1.2 million per year. Over a 15 year period, $17.8 million in revenue would be lost. The prior board did not adopt the recommendation for a cap at age 70, but they did provide some relief for seniors 70+ who qualified for the existing home owners tax credit. For FY 2003, the cost of that program was $71,000. For FY 2004, it appears the amount will be about $71,000. That summarizes the history of property tax relief for senior citizens. Carter asked if other proposals should be offered or if the BOCC wants to take this matter under advisement. The study of May 2001 is extremely comprehensive and provides good information.
McK thanked Carter and said the report is very thorough. He thinks there are a couple of fallacies. He doesn’t think the revenue impact would be as great as the report assumes. The 10 year per cent change in assessed value, he thinks includes new assessments. He doesn’t think that’s an accurate number. On page 13 the tax rate was 2.30 in 2001 and was 2.27 in 2002. He thinks we should keep in mind that the relief should be characterized as not as much increase in revenue. Carter said he agrees with McK. The tax rate will be what the BOCC says it will be. That makes the report maximize the effect. This is a worst case scenario. McK said he is concerned about page 21 of the report which says the fair market value is projected to increase 200%. He has not idea how seniors can afford that increase. Gene said no one wants to see people forced out of their home by taxes. McK congratulated the prior board and said he hoped it wouldn’t level off this year. This program is income determined, said Carter. The number of seniors 70 and over will increase at a rapid rate, but fewer and fewer will be eligible for relief. The report seems to under emphasize the positive economic value of a growing senior population. The increase seems to have a positive impact. Carter said when one of 5 people will be age 60 and older, we reach the point when the number of people who have children will not keep pace. The demand for property tax revenue will decline. Jarboe said a cap is an incentive. If you look at areas like Piney Point where they put the water front condos, the condos sold for $400,000. That’s a benefit to the County. You may find you are generating more revenue. The demand on the infrastructure is not the same.
Raley said there was some attempt to piggyback on the existing State program. We have to kick it up a notch, said Raley. He thinks we need data. More and more seniors are being pressed more and more. Mattingly said we should continue the analysis and question the numbers and whether they are valid. We have to see what the budgetary impact is. He doesn’t know if it should be a freeze or an increase of the current program. Carter replied that the public members of the committee were opposed to means testing. He thinks it’s an issue of how far this BOCC wants to go. Mattingly said it’s like housing - how many various tools do you put in the toolbox and how much can we afford to do? There is a balance you have play.
Raley said he thinks problem with not having a means test is that he has two 80+ year old relatives who work in his meat department and one has a meat cleaver and one has a knife. They tell him to do something and keep it simple. McK said he appreciates the concern about more studies and more information. He thinks if assessments dropped from 6% for 4%, the BOCC would have to learn to live with that. He would like to see this implemented before the next tax bills are sent out. He doesn’t know what revenue estimates would add. He called on Jan Norris. She said there will be administrative costs involved. The State is not interested in helping us implementing this program. Raley said she indicated 4 - 5%, and she said that’s why they make computers. Norris noted that the increase cannot be more than 5% per year. This will be a County program, not a state program. The State tax assessment won’t be capped. The seniors need to let the Tax Office know. McK said they needed more info. Carter suggested that he work with Cudmore and Norris and bring the issue back in five weeks. A citizen thanked the BOCC. Seniors contribute about $50,000,000 to the County’s economy.
After a break the BOCC took up the legislative proposals. McK said they are at least a month ahead of where they were last year. Raley asked if the proposal could be read. The Sheriff has revised his proposal every week.
Item 1A is to defer or waive impact fees for affordable housing. This was proposed by staff. This would allow the County to put together a plan for assisting the development of affordable housing. Mattingly said he supports this proposal. We need, he said, to identify how much would be allowed in any given year so as to have fiscal control. It would open the doors for specific projects. McK concurred. Mattingly said they have a lot a good information from staff and it’s all good information. They need be specific in the proposal. Jarboe said he supports it. There is concern that this might be too extensive and he supports the one with a residency requirement. Mattingly said we are going to limit ourselves to this number. The vote was 5 - 0 in favor of both 1A and 1B. That vote was 3 - 2. 1C would allocate a portion of the impact fee to solid waste capital projects. The vote was 5 - 0 in favor of a solid waste capital impact fee.
Item 2 was an extension of the sunset provision on the transfer taxes.. The vote was 5 - 0 in favor. Revision of the fire tax (Item 3) to include rescue squads and would require an equal reduction of the property tax. Mattingly said he went to the rescue squads to explain. He thinks the draft has some items that need clarification. He doesn’t know if the language is acceptable. The delegate said this proposal (Mattingly’s) would be acceptable. If it were to come from a Democrat, it’s acceptable and a Republican Board’s proposal would not be acceptable. they discussed the wording. Jarboe said this board can already chose to give part of the fire fund to the rescue squads. He is tending to work on having a distribution. Raley said politics doesn’t belong with rescue squad funding. If this gets passed, it’s enabling legislation. They still have to fine tune the numbers, making sure no squad loses funding. The vote was 4 - 1 to support. Jarboe said he would rather do a distribution.
The next proposal was to clarify who has responsibility for sidewalk maintenance. The vote was 5 - 0 in favor. Raley asked if this legislation were needed. We have a lot of overhead expense and whatever. He thinks a commercial operation will clear its own sidewalks.
The Sheriff’s proposal for collective bargaining, said McK, should be approved by a referendum of St. Mary’s County’s citizens. Jarboe said he wasn’t going to support any but could support McK’s proposal. He wants a police services study. He wants to know how we relate. Mattingly said he would support the legislative authority. McK and Raley said it should say may. They will deal with this based on budget restraints.
5B is the Sheriff’s department to establish a gaming permit review board. McK said he can’t support that one. Mattingly said if we pursue that in the future we should appoint a group of citizens to study the issue and determine the fiscal impact on the County. Jarboe said no support. Bingo supports two of the Catholic schools in his district. Raley said there are some problems with the concept of Bingo. He doesn’t think this proposal is ready for prime time.
Item 5C established authorized programs. The vote was 5 - 0 in favor.
Item 6 A is to enable MetCom employees to join the State retirement system. The support was 5 - 0. Item 6B would allow Pax River to place a representative on the MetCom Board as a non voting member. Pax is planning, said Raley, to privatize its water and sewer operation. MetCom has bid on it. He wants a report from MetCom.
Item 7 is proposed changes in the open meetings law. 7A would require an organization receiving public funds should be held to the same high standards of openness as apply to County Governments, McK said he cannot support applying it to our catholic schools. The Optimist Club would be required. He would rather cut the money out completely. There was no support for any changes to the open meetings law. Jarboe abstained.
Item 8 provides a dedicated funding source for the waterman’s association Oyster Repletion Fund. He thinks its not just watermen who want ;phosphorous removed. Do we really need to seed oysters? There are so few results. Now we will tax a segment of the populations. He hopes we can find other ways to get oysters. There was no support. Jarboe said he would abstain because he is a licensed waterman. The more money we put into it, the less oysters we get back.
Item 9 is from the alcoholic beverage Board. They want to increase the fine to $1,000 and affirm that a wine festival license shall be issued to the sponsor of the festival, not wineries. Jarboe said he supports 9A. There’s too much drinking and driving in the County. A thousand dollar fine is not enough, he said. Dement asked if a fine were a solution. Mattingly said he doesn’t think the responsibility should be on the holder of the license. He thinks it should be on the employee who serves the liquor. Raley said he can’t vote. McK abstained. Item 9B was supported.
Item 10 was a change to provide that all counties have the same reporting deadline. The vote was 5 - 0.
Item 11 provides for disposition of property no longer needed for a public purpose. A public hearing must be held to make findings that the property is no longer needed for a public process. They will bring back the Sheriff’s proposal.
When I returned they were discussing a new agenda item. Mattingly said they may want to research when the issue first came to us. It was left open that if there were no other property suitable, they would attempt to make some property available to them. Mr. Forrest noted that there should be an e-mail from Mr. Rollins which answered the question. He has questions about the process of how the emergency services acquire property. Mattingly noted there is a master plan. He wanted folks from Mechanicsville to come and talk. Jarboe said he’s had a lot of people having problems with Land Use and Growth Management. He wants another forum here in Leonardtown focused on LUGM issues. Comm Raley congratulated Leonardtown and the people of Helen for their Veteran’s Day celebrations, as well as Bay District Fire Department. One member has given 50 years to their department. Land has been made available by Gabrelchik for a new Bay District Station. He congratulated the Red Cross on their Blood Drive. They attend a meeting at the American legion where the Corps of Engineers were available to discuss the permit process. Comm Dement said Raley was everywhere he was. He went to Breton Beach and was asked how old he was, but they wouldn’t let him in. They overlooked mentioning the new pool. He congratulated Viola Gardner on his 90th birthday. He presented the Halls with a 50th anniversary proclamation, and wished his grandson Dillon a happy birthday. He attended the NAACP banquet. Comm Mattingly said he attended a critique at the emergency operations center. He went to Annapolis for the Maryland, You Are Beautiful program. He went to Old Breton Beach Road and it was impressive to watch that unfold. Went to visit with the ferry person. Tomorrow night there is a legislative meeting with the Fireman’s Association of Southern Maryland. November 28 is the Christmas tree lighting in Leonardtown. McK said he would go and splash if Dement couldn’t. McK said there will be a ribbon cutting on Thursday at 1:30 at the College of Southern Maryland. The Hospital Gala is Friday evening. Next week County offices will be closed on Thursday and Friday Nov 27 and 28. On Thanksgiving morning the Wicomico Shores gold tournament will be held. Fees will be waived if you bring a contribution for the food bank.
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