BOCC 12/2/03

<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>   |   <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>   |   <B>BOCC 12/2/03</B></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 12/2/03</I></div> <div> When I arrived, the BOCC was talking about Club Properties.  They voted to add the line of credit with First National Bank of St. Mary’s County to the County’s deposit on the Lexington Manor deposit, declare the Office Business Park zoning a mistake and to rezone the property RMX (which allows residential development), and execute a new Developer’s Rights and Responsibilities Agreement. McKay left the room to go to the Leonardtown High School to meet with Congressman Hoyer. </div> <div> This was followed by a proclamation for Drunk and Drugged Driving Awareness & Prevention Month, as well as for the Animal Welfare League.</div> <div> Then three of the St. Mary’s College Scholarship’s 12  recipients were introduced.  This enables St. Mary’s to keep its best and brightest here at home.  </div> <div> <B>County Administrator time as next.  </B>  He began with the Dec. 8 public hearing and the December 9 draft agenda.  </div> <div> Mr. Forrest addressed a compressed work schedule approval.  He said he was looking for a change in the County’s pay week that would make the week the same for all County employees.  This would be the enabling legislation.  He hopes that by rolling out a single department, he can test the program.  Kramer said the most natural time is the first pay week in January.  State agencies that we perform payroll for have agreed to having one pay week.  Raley said he is hearing that regardless of the compressed work schedule, the pay week change is needed.  The pay week which ends on Sunday requires that people guess and then change the hours worked over the weekend.  The vote was 4 - 0 in favor.  </div> <div> The Sheriff came to seek approval for a tobacco cessation grant and to accept an additional $600 no previously budgeted.  The money is used to address the illegal sale of tobacco to minors.  The vote was 3 - 0.  Raley abstained because he has a tobacco license.</div> <div> The Office on Aging came to ask for a signature by the Commissioner President on a grant application to Curb Abuse in Medicare and Medicaid grant with a budget amendment to reflect a decrease of $2,822 from the grant.  The vote was 4 - 0 in favor. </div> <div> The next item is to transfer $15,000 from ADA upgrades to repair a failed septic field at the Walden/Compass facility.  Mattingly said the sewer doesn’t make it to Walden.  The vote was 4 - 0 in favor.  Raley said he was surprised that there wasn’t money in the budget to make the repairs since they must have known it was failing.  Forrest said he raised the same question and got the same answer.  </div> <div> Patty Myers and Phil Rollins brought back draft by-laws to establish a Wicomico Shores Golf course advisory board.  It is to be a 7 member board with 2 members being the Golf Course Manager and the Recs and Parks director.  Rollins asked the board to reconsider having staff serve as voting members of the board.  He also suggested having a member of the Recs & Parks Board on the Golf Course Board.  The draft by-laws reflect the original directions. He would have to bring back the by-laws if they want to follow his suggestions.  Jarboe said that in years back they were considering making Wicomico Golf Course a private facility.  They didn’t, but they did abolish the advisory board.  Rollins said the Board is there to advise the BOCC.  That is why he didn’t want to be a voting member.  He doesn’t see the Board being involved in day to day operations.  Raley said that like Mattingly he believes that this board should be a sub committee of the Recs and Parks Board. Mattingly asked and was told that the members of the Board should file financial disclosures. Mattingly said he will vote against it because he thinks it should be a sub committee of the Recs and Parks Board.  Raley said this is the compromise.  The vote was 3 - 1.</div> <div> Forrest presented public works agreements because Erichsen is in court this morning.  The vote on Westbury was 4 - 0.  Pepper Ridge and Coombs Oaks addenda extensions were approved.  The vote was 4 - 0.  Acceptance of roads in Greens Rest was approved, as was acceptance of roads in the Wilderness subdivision.  The vote for each was 4 - 0.  The final request was to post a no parking sign on Millstone Landing Road.  The vote in favor was 4 - 0.  Raley asked Forrest to call Dr. Richardson.  </div> <div> Forrest presented a budget amendment for $63,370 to cover the cost of expert witnesses in a suit concerning the building at the College of Southern Maryland.  Raley asked and Forrest said there will not be any additional costs.  The vote was 4 - 0.  He asked to remove the budget amendments for the Emergency Appropriations to allocate $121,563.</div> <div> Jeff Jackman came to present a request to permit the LUGM (Land Use and Growth Management) department to sign a non binding Intention to Apply for Maryland Historical Trust.  They want to create a brochure so people can voluntarily commit their homes to the historical preservation program.  Jackman said they will be coming back for approval.  Teresa said there would be a 40% cash match for the $5,000 grant they are requesting.  There was also a non-capital grant application.  The County has 5 scenic byways.  The grant would be making an analysis of the byways.  Some parts would get special attention.  There are guidelines in the zoning ordinance.  Commissioner McK returned from Leonardtown High School, which received a small communities learning grant of $500,000.  They returned to the non-capital grant and were told that ordinances that have not yet been enacted will enforce the preservation of these areas.  Teresa was asked if she would still be able to carry out her regular duties and she said she thought there would be no problem.  The vote was 5 - 0 in favor.</div> <div> The Housing Authority came to get approval for the  emergency housing grant which services the Department of Social Services, Three Oaks Center, Angel’s Watch.  Dennis Nicholson said there will be $31,000, $16,000 for Three Oaks, $9,800 for Angel’s Watch, and $5,200 for the Department of Social Services.  The request includes subrecipient agreements for Three Oaks and Angel’s Watch.  McK asked how we can restrict these funds to ST. Mary’s citizens and Nicholson said federal housing funds cannot be restricted.  Angel’s Watch director Beth Flynn said she only uses St. Mary’s County’s money for St. Mary’s County people.  McK said the numbers at Three Oaks don’t seem to add up.  Nicholson said adults are only a section of the housing needs.  Nicholson noted that when the DSS is short, Three Oaks must fill the demand.  Beth Flynn said she sees more and more people with mental illnesses.  Nicholson pointed out that St. Mary’s County has the highest number of more than on family in a single family unit.  Meaning that we have more need.  </div> <div> <B>After a brief recess, the 2004 legislative proposals were again taken up</B>.  The office of the Sheriff’s proposal 5A and 5B will be taken up as well as the 4 proposals which I made regarding the open meetings law.  The Sheriff said he was not intending to speak to the board.  He asked to be told what the proposals are.  He asked that the proposals be made so the Sheriff’s office can make its own appointments, he asked that the BOCC not support the collective bargaining agreement because it left out the correctional officers.  His proposal included both.  He said the cut off should be at the rank of Sergeant.  Lieutenants should be excluded.  He had other issues.  There is an automatic deduction for dues now and he doesn’t want to see that deduction end.   McK asked why some civilians are included in the bargaining unit and not others.  Zylak said the correction officers are uniformed.  McK noted that Zylak could take disciplinary actions to enforce the prohibition on job actions.  The Sheriff said a state law prohibits such actions.  McK noted that there were other comments from the County Attorney that they not support the other changes the Sheriff has asked for, but they could support adopting command level appointments.  Zylak said he has never seen the County Attorney’s recommendations.  McK said he would like to take a separate position on collective bargaining.  Jarboe said a police services study is needed.  Mattingly said it is a separate issue.  They agreed to put the study on the agenda for further discussion. They didn’t support proposal one.  The vote was 4 - 1.  Proposal two was not supported.  The vote was 4 - 1.  Each time Mattingly favored the Sheriff’s proposal.  McK asked if they wanted to consider collective bargaining as a separate item.  McK said he suggests that the language proposed by John Norris and the Sheriff’s Comments were responded to by Norris and Randy Schultz, HR director.  McK said maybe we just need another year.  He wants approval to go to referendum.  And he wants strong language to preclude financial issues being negotiated.  Mattingly suggested having discussion by the police services study group.  Jarboe doesn’t support collective bargaining.  He would have to do what the referendum says.  We are still in the appeal phase of the open meetings case filed by Hastings it was noted in reply to a question by McK.  Jarboe supported written notice.  They voted to turn down all the proposals to strengthen the open meetings law.  Comm Raley said he doesn’t believe our open meetings law needs to be strengthened.  We have one of the most stringent open meetings laws in the State.  </div> <div> <B>Next came the Mechanicsville Fire Department</B> to request land for a building in Chaptico.  The proposal is based on the Fire and Rescue Plan.  The land is part of the open space acquisition and the County Attorney has been asked to investigate how we could take care of that problem.  McK said there could be not decision today.  Mechanicsville runs the largest first due area in the County.  They intend to build a sub station in 2008.  They have looked at other land, but have not been able to find a solution to their needs.  They don’t want to redesign the building.  On the corner it would not require another entrance.  The area is growing.  Wicomico Shores is expecting several new homes.  This will not be a short process.  They are putting away money and will have it by 2008.  The Rescue Squad will house an ambulance there.  Raley noted that the fire tax revenue to 7<FONT SIZE="1" COLOR="#000000" FACE="Arial" >th</FONT> district would not be reduced.  Miss Malone said there would have to be two appraisals done.  The County will have to spend $7 - 8,000 to get appraisals.  Would the directors be willing to offset the costs of those two appraisals.  Jarboe said there are no new town houses planned for Wicomico Shores.  There will be an active park.  If there’s an accident, how long would it take to get there?  15 minutes?  That could be the difference between life and death.  Mattingly asked when the Golden Beach loan would be repaid and was told it was a 15 year loan that began at ‘01.  McK asked if they saw an increase in the tax rate and was told not at this time.  He said staff will be asked to provide a process for this meeting.  </div> <div> <B>McK said they need to appoint a new vice president.  </B> Dement declined saying he wasn’t interested.  Jarboe was appointed.</div> <div> <B>The next item was Commissioner Time.  </B>Raley said he couldn’t make the Hospital affair,<B> </B>but he heard it was wonderful.  He congratulated Sean Powell on his swearing in.  Dement said they went to the Southern Maryland volunteer Firemen’s Association.  He attended the Leonardtown tree lighting on Saturday.  Dement said he is satisfied on working with this group after a year.  Mattingly also thanked SMVFA for its affair.  The Hospital Gala will make about $100,000.  Two volunteers, Noah Callas and Leo Newton died this week.  The Leonardtown Christmas program was fine.  He asked the Board to change the second paragraph to reflect an earlier start than the winter of ‘04.  Jarboe said the public forum will be on Dec. 16 at 6:30.  If people are concerned, let them come to that meeting.  McK said there is a critical area commission meeting tomorrow.  At the higher ed center on Thursday there will be a roundtable on a possible winery.  He will be meeting with two Charles County Commissioners on Thursday.   </div> </td> </tr></table></body>