BOCC 1/13/04

<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="id179.htm" TARGET="_top" TITLE="BOCC Meeting Notes 1/1/04 6/30/04"><U><B>BOCC Meeting Notes 1/1/04 - 6/30/04</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="id180.htm" TARGET="_top" TITLE="BOCC 1/6/04"><U>BOCC 1/6/04</U></A>   |   <B>BOCC 1/13/04</B>   |   <A HREF="id186.htm" TARGET="_top" TITLE="BOCC 2/3/04"><U>BOCC 2/3/04</U></A>   |   <A HREF="id185.htm" TARGET="_top" TITLE="BOCC 3/16/04"><U>BOCC 3/16/04</U></A>   |   <A HREF="id187.htm" TARGET="_top" TITLE="BOCC 3/23/04"><U>BOCC 3/23/04</U></A>   |   <A HREF="id184.htm" TARGET="_top" TITLE="BOCC 4/6/04"><U>BOCC 4/6/04</U></A>   |   <A HREF="id199.htm" TARGET="_top" TITLE="BOCC 4/20/04"><U>BOCC 4/20/04</U></A>   |   <A HREF="id200.htm" TARGET="_top" TITLE="BOCC 4/27/04"><U>BOCC 4/27/04</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 1/13/04</I></div> <div> After the invocation and pledge, the agenda was approved as were the bills and the minutes of the January 6 meeting.  </div> <div> <B>County Administrator time was next.  </B>George Forrest began by presenting the draft agendas including a trip to Harford County to look at a multi generational community center.  McK said the BOCC will be evaluating how they can assist businesses.  </div> <div> <B>John Savich from the Dept. of Economic and Community Development (DECD).  Savich and Robin Finnacom presented a proposal for a Community Development Block Grant (CDBG) grant to acquire 50.548 acres in Lexington Manor.</B>  The County will acquire the entire 84 acres over several years.  The purposes are to remove slum and blight, improve housing for the residents, and one other.  The County will have an $830,000 + cash and in-kind grant.  The South parcel will remain open space.  There were two resolutions.  One to designate the area as a slum and blighted area and one to approve the grant application.   McK congratulated them on putting the application together.  He said the State believes this is a good plan.  McK said when the Air Installation Compatible Use Zone (AICUZ) was adopted, it was the first time such a land use program was adopted.  Ho noted that his father was president of the BOCC at that time.  Their objective is to remove homes from the area.  Jarboe commented on the help from Senator Sarbanes and Congressman Hoyer.  It’s been a bipartisan real good situation, he continued.  Mattingly noted that 25 years ago the newspaper noted the BOCC was talking about acquiring the land in the AICUZ.  Pax River is important to the County and the State.  He notes on the front cover the matching funds are not the same as inside. $696,000 of program open space money, $90,000 in cash, and the rest is in-kind.  This property is now owned by LP Town Center LLC.  The voted to designate Lexington Manor a slum and blight area and to acquire that area.  The vote for each was 5 - 0.  </div> <div> Savich continued by dealing the the north parcel.  Two applications are required from the Maryland Economic Development Assistance and Authority Fund (MEDAAF).  The County will contribute $300,000 to the acquisition and $330,000 for demolition, plus $3.5 million for relocation assistance over 8 years.  Savich noted that the relocation money would be a recurring commitment in the operating budget It was also noted that the County will use a competitive process to select a developer to redevelop the 33.86 acres if this property.  The demolition on the northern section will cost $770,000.  George Forrest thanked the community for its assistance in the preparation of the application.  He thanked the special interest groups and the residents of Lexington Manor.</div> <div> <B>Sheriff Zylak came to get approved for a $760,715 grant application.  </B>Comm Dement has apparently been named an honorary Captain in the Sheriff’s Department.  There was some joking about getting him a flak jacket.  Captain Cusick noted that the County’s share has been reduced by $30,000 given to the State Police Crime laboratory.  The grant was approved.  The vote was 5 - 0. </div> <div> <B>The next item was an easement agreement to allow the County to install a drainage pipe on River Road to relieve flooding.  </B>George Erichsen noted that an old drainage pipe has failed in several places.  It will be replaced with HDPE pipe.  All of this can be done in an old platted right of way owned by Mr. Meatyard.  This project will cost $1,500 for materials and will address one of their primary areas of concern.  Mattingly said he doesn’t understand the solution with all that we do to make people do storm water management.  He said direct drainage into the Potomac River is hard to understand.  McK said you would have to set up a special taxing district to have a storm drainage and stormwater management area.  McK noted there are many situations like this.  Mattingly noted that someone else doing this would have adhere to the stormwater management.  Erichsen replied that when the County paves gravel shoulders, it has to address stormwater management.  The project was approved.  The vote was 5 - 0.  </div> <div> <B>George Jarboe brought the Americans with Disabilities transportation grant.  </B>His bus service is required to deviate of to 3/4 mile on each side of a route to get people with disabilities.  Jarboe noted that people with disabilities have no other way to get around.  He noted that a State employee broke her leg and it was set straight so she couldn’t get into a car.  The bus enabled her to get to work.  All buses have wheelchair lifts.  The grant was approved.  The vote was 5 - 0.  It was noted that Commissioner Raley was a mile from the route and couldn’t be picked up. </div> <div> <B>The Office of Community Services presented a budget amendment to reflect a $10,000 decrease in the </B>budgeted amount for SOSAR camps next summer.  The amendment was approved.  The vote was 5 - 0.</div> <div> <B>Next came a grant application for money to improve law enforcement in State parks within the County. </B>$7,650 is the amount to be used for overtime for park rangers and will replace outdated equipment and get bike helmets for visitors who are not aware of our laws.  The grant application was approved.  The vote was 5 - 0.  </div> <div> <B>The Department of Human Resources and the Office on Aging to hire a full time Nurse Manager in lieu of part time positions.  It would abolish two part time positions and create one full time position.  </B>  It is expected to result in savings.  Gene Carter said the position has been vacant for 4 months.  McK asked and was told the person who retired from the other part -time position has continued to come in some and a substitute has come in.  Carter said the job sharing has resulted in less than the best client care and management problems.  The staff takes advantage of the use of two people by getting leave approved.  McK asked and Carter said there are benefits associated with these part time positions.  McK asked what problems there would be if the BOCC were to defer this position.  He was told no new problems other than those that have been in existence for the last 4 months.  The Board is examining changing the benefit package for new hires.  Mattingly said he doesn’t know if it’s worth holding up this position, especially since the position may go to a present employee.  Mattingly move to abolish the two part time positions and establish one full time position.  Carter said both persons now in the job have employed spouses and take minimum benefits.  Salary wise the new person would get less salary that the two who have been in the positions for several years.  Comm Jarboe suggested they amend the motions so that if the first choice doesn’t accept the position, the position is on hold.  Carter indicated that would be ok with him.  Mattingly said he would accept the change to his motion.  McK said he wants a hold on new hires until the Board can consider the benefit structure for new hires.  Carter said he will hold on his budget until the Board completes an adjustment to the benefit structure.  Mattingly withdrew his motion and then moved to offer the position to the existing nurse manager, and if she accepts to abolish the former part time psition.  That action was approved.  The vote was 5 - 0.</div> <div> <B>Phil Rollins came to get guidance on the way to proceed at the Wicomico Shores pier and shore areas.  </B>Staff has examined the budget and found that they could do the shore erosion project first.  They would do the boat ramp and pier in FY ‘06.  Rollins noted that the public will be able to have input tonight at the public forum in Wicomico Shores.  McK asked how not doing the boat ramp at this time, how that will impact the use of the facility.  Ball said the ramp can be used.  The current ramp restricts the size of the boat to be used.  When asked, Rollins said he would like to wait for recommending a plan until he hears the comments tonight.  He noted that they had hoped to use the dredge spoil, but the material is not suitable.  It will have to be disposed of off site.  Now They will have to do the dredging then do the boat ramp.  McK asked about State waterway improvement funds.  Will the State allow forward funding?  Rollins said he would have to ask.  Mattingly asked and Ball repplied they would have to do maintenance dredging about every ten years.  Ball said the shore is clay and then coarse gravel.  Jarboe said getting the revetment seems to be needed.  He suggested using rough milled lumber which is cheaper.Ball noted there is a possibility that there may be funding to replace piers destroyed in the hurricane.  </div> <div> <B>The Patuxent River Commission was next.  </B>Senator Fowler and Don Brown were among those who are one the Commission.  Jack Hannon with American Rivers was with them.  They want to have the Patuxent named as a wild and scenic river.  Bernie Fowler said he’s not an expert, but is very fond of the Patuxent River.  He said for a while they made progress, but the surge of growth has neutralized the progress.  He is asking that they consider the possibilty to see if the river qualifies and hear comments on how the program works.  We are losing the river and unless something changes we will have a dismal result.  He noted that the Governor will have a users fee of $2.50 a month per user to improve the rivers.  It was noted that Calvert, Charles, and Anne Arundel Counties have already agreed.  The area of the river under consideration would be from Route 50 south.  Jack Hannor noted that the resolution would only commit the County to participating in the study.  McK said everyone at the table was born and raised in the County, and they all appreciate the value of the river.  But, they are worried about having the federal government take over the land use around the river.  Comm Mattingly said his wife is home waving at Senator Fowler.  Their questions are could the study have any negative impact on the River.  They talked, he said, about local control of zoning and planning issues.  Their citizens are concerned about that.  He said he was reading about the storm and the 300,000,000 gallons of waste dumped in the watershed as a result of the power outages, etc.  Baltimore city dumps 130,000,000 gallons of raw sewage into the watershed. He was concerned about when the values which the river protects are in jeopardy will the restrictions take effect.  Would we restrict public access to the river.  Mr. Hannon said they have looked at what sort of limits there are and found only two or three cases in the west on premier white water rivers have limits been set.  It was noted that they see Mom and Dad with two children in the canoe coming down the river and stopping at a restaurant for lunch.  Mattingly asked what land use policies may be required.  He was told if there are proper zoning regulations in effect . . These things are all in place for this river.  The critical area regulations will cover it, asked Mattingly and was told yes.  Hannon noted the land use is the purview of County government.  Someone said if there were a proposal to put in a gravel mine which could damage the river, the federal government might step in.  Fowler noted that the Anacostia River has 2.1 billion gallons of raw sewage into the river.  Jarboe asked if there were any other river that beings and ends in Maryland.  Fowler said he thinks there is but he doesn’t know.  Jarboe asked how the Navy is doing.  Don Brown said they are working hard to comply.  Jarboe said there’s a balance between wild and scenic.  We all have to do our part.  We are the beneficiary of the rural legacy program.  Jarboe noted that people on the Patuxent raising oysters at their docks and cleaning up the water.  The Patuxent is our river and we have to do our part.  He thanked Senator Fowler.  Someone suggested that Rick Peltz teach the subject.  Peltz says he makes $50,000 a year.  McK introduced Dennis Canavan and asked if there were were questions from staff.  Norris said he had no questions on the resolution.  They voted to approve the resolution for study.  The vote was 5 - 0.  </div> <div> After a break, <B>the BOCC rook up the Sheriff’s Retirement Plan Proposed Amendment.  </B>Randy Schultz noted that a public hearing was held and no public comment was received.  Comm Jarboe said it is not a good idea for an elected official to get a specific change.  He feels he cannot vote on this.  Schultz noted that the two prior sheriff’s were not participants in the retirement plan.  The delay in the approval of the amendment is not a result of something the sheriff did.  This was requested before the current sheriff took office.  George Forrest noted that it is not the fault of the Sheriff that this recommendation did not get approval through any fault or action of the Sheriff.  This language is common for law enforcement officials.  Sheriff’s prior to this one and after this one will have the option.  In the interests of fairness this sheriff should also have the option.  Sheriff Petit and Sheriff Voorhaar were both subject to this rule.  The current sheriff asked questions and they go a legal ruling.  Jarboe noted we are retroactively fixing errors of the past.  Now we can fix the policies.  Jarboe then moved approval.  Forrest noted that this is a more active board and the trustees are working to understand the plan and explain it to the participants.  Jarboe commented that the trustees have educated one commissioner.  </div> <div> <B>Commissioner time was next.  </B>Jarboe said they are investigating the building with no rent.  He would like a public presentation.  Forrest said he should have the information soon. He wants it by this weekend.  McK say he would try to add this to next week’s agenda.  Dement attended several functions.  Mattingly said he congratulates Ally Raley on hi 50 years of service.  He went to the MIDAS meeting in Lexington Park.  They are committed to economic development.  He went to the MALPF meeting and there are two pieces of legislation proposed.  He thinks the BOCC should take a position.  McK was also at the Farm Bureau dinner.  He wants to make sure the questions get an answer.  He congratulated all the 7<FONT SIZE="1" COLOR="#000000" FACE="Arial" >th</FONT> District Rescue Squad and the Hollywood Fire Department.  Comm Dement thanked Bubby Norris for 7 years of service as president of the Farm Bureau.  They went into executive session.  </div> <div> At 2:00 PM, The BOCC returned.  </div> <div> Elaine Kramer said she had presented an agenda, but if the BOCC needs any additional papers, they should let her know.  The legislative session may have a material effect on the budget.  Some projections don’t benefit from knowing what the legislators will do to us.  We have only received one payment of ‘04 revenue.  Every two months make a difference.  Today’s goal is to solidify the capital budget for public hearing.  She would like to have a review of impact fees for recreation and parks.  Kramer said the reality is that whatever changes you make we will be well within the parameters of debt affordability.  BOCC instructed the capital budget committee to make the bond amount decline and they restructured the amount.Kramer noted that there were 6 categories of capital projects.  There aren’t any projects for parks in ‘05, ‘06 that are growth related.  Kramer suggested that they redirect impact fees to schools.  Brad Clements came to the table with the new capital plans.  In Sept ‘02 with 600 new students the Bod of Ed decided to to new schools.  New projections show that we would be 546 elementary students over the State capacity.  The local capacity would be 458 students over local capacity.  Even with the new school we are short based on the local capacity.  The next page does the same for the middle and high schools. Middle schools are over capacity in ‘13, ‘14.  High schools will be over capacity beginning in ‘07.  The key change in the plan is that the high school moved out one year and the middle school moved way out.  Leonardtown Elementary does not get renovated because it isn’t going to add capacity.  They will remove asbestos tile etc in ‘06 and ‘07.  There are funds in here for site acquisition.  McK noted that 69%of our capital budget will be for schools, said McK.  It indicates this board’s commitment to education.  We have to be sure we don’t fall behind in other county projected.  Mattingly asked if Oakville had been renovated.  Clements said it has not been renovated.  It had a new roof.  The air conditioning is window units.  McK asked what a major renovation at Leonardtown would be and was told 75 students.  Kramer suggested that she would go back in and rebalance this if the capital budget for this year is accepted.  She thinks the impact fees for park expansion should be reclassified.  Mattingly asked if we would assume no pay go and Kramer said that is how she is working now.  She would like to see how the ‘05 operating budget works out first.  Jarboe noted that Waste Management has just upped the fee to $55 a ton.  Jarboe asked what the break even point is for building a landfill.   Erichsen said you would have to change equipment.  Kramer recommended that they not do a sinking fund.  She thinks debt financing is just as good a solution on projects this large.  If the extra money is to be spent for County costs it should be the preventive maintenance list. </div> <div> McK asked about the recommended projects.  He asked about the parking site improvements.  Erichsen said that is for the Leonardtown Library and the Governmental Center building.  He asked about the ADC maintenance and repairs will replace the water pump system and interior repairs in the special operations division.  McK said it will make it easier to bring projects in when things get brighter.  McK asked for a review of unexpended capital projects so he can review them.  The Board is not certain how the Club Properties is going to work out.  Erichsen said they will take a look at the plans for Lexington Manor.  McK said he wants to make sure the redevelopment plan is consistent.  They plan to remove 4 tennis courts at Wicomico and replace two of them.  Mattingly asked if there were any way at all to open the park at Piney Point.  We have what could be a nice tourist attraction.  It will cost more to do it in pieces.  Rollins noted that the big costs are plumbing, electrical, and HVAC for which we must hire some one.  Rollins said the Bushwood Wharf Project can be removed from ‘05.  Kramer said if they agree on the projects proposed for inclusion, then the project sheets get flushed out.  Now would be a good time to get the project sheets.  No money spend int Lexington Manor area until we know what is happening with Lexington Manor.  McK said the CIP group has done a good job of adapting to the BOCC thinking.  The property taxes, the income taxes and the highway user fees (when the State takes it back) are our major sources of revenue.  A number of Counties have put in income tax increases as of January ‘04. MACO has made a number of recommendations.  McK asked why projections of other revenues are down.  Investment income and grants are down.  Grants come from the State.  Kramer says when we got the reduction in highway funds, we didn’t necessarily reduce the highway spending.  So let’s not think if the money is restored that it automatically goes to highway spending.  Mattingly asked if the energy tax is oK and was told yes.  We had issues with the cable franchise.  We need someone to track the energy tax.  Kramer noted there is a vacancy for the finance coordinator.  Two years ago we had a list of properties on which taxes are delinquent.  They decided that had been brought up to date.  Kramer noted that the vacant positions are in the base, but they could be cut.  One thing you could do is ask for justifications for filling vacant positions, said Kramer.  She knows that audit fees will go up next year so she will have to cut something.  That’s one approach to providing guidance to departments.  One could also say your budget requests should be 4% or less.  Another approach is to be silent and work hard in February.  McK said he didn’t feel that the base summary of expenditures reflects what he hoped reorganization would accomplish.  He thinks there are 2 or 3 departments where that hasn’t happened.  Where are we going to find the resources to deal with Isabel and the increased tipping fee from Calvert. These are ‘04 changes.  In conclusion, McK said he would like to see a motion on the draft letter.  They will sign the draft letter.</div> <bR> <div>  </div> </td> </tr></table></body>