Legislative Agenda 12/10/02

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proclamation upon the retirement of Paul Wible, Director of Emergency Preparedness.  It was noted that he is a Hollywood native.  </div> <div> Next came a proposal to amend the County Ordinances to allow a property tax credit to the surviving spouse of a fallen rescue worker.  Comm Mattingly said this was brought to the attention of the Tri County Council that the enabling legislation for this ordinance had been enacting last year.  Several jurisdictions have taken up the opportunity.  Comm Raley asked about the term “fallen rescue worker”, is there a definition?  Norris said it is an individual who dies while participating in a fire or rescue operation, unless the death is the result of gross misconduct or substance abuse.  Bobby Ball of Ridge said he thinks this ordinance is commendable.  Fortunately St. Mary’s County has only had one member pass in the line of duty.  Ball would like to have to law broadened to include deaths not in the line of duty.  Heart attacks are a leading cause of death among fire fighters.  No one is tracking this information.  We need to think about the others who are giving their time to the citizens of the County.  The public hearing was closed and the record will be kept open for 10 days.  Norris noted that written comments can be submitted to PO Box 653, Leonardtown, MD 20650.  </div> <div> <B>Next came youth and art month.  </B>  Two drama students from Chopticon brought their presentations to apply for a drama major in college.  A number of Chopticon Students are now working as professionals.  Jessica Duncan was first, and Katie Peak was the second student.  The BOCC gave them a proclamation in thanks.  Comm Mattingly congratulated the basketball team.  <B>Dr. Icenhower came to the table to present an update on the state of health in St. Mary’s County.  </B>Icenhower said he had two issues.  First is percolation tests.  They need to complete 1,400 tests.  Darrell Caldano is doing an excellent job.  All tests have been scheduled, and the schedule has been extended to the first of May.  The Health Department believes it can complete all 1,400 tests.  Applications were cut off by February 21.  They have had 45 additional applications after the cut off.  They will make every effort to clear the board.  The second item is the West Nile Virus.  The Health Department is expecting more cases this year.  There is no immunization for the West Nile Virus.  People have to protect themselves.  There will not be a collection of crows this year.  The Department knows West Nile Virus is here, so there is no point is conducting more tests.  The Department of Agriculture will be collecting mosquitos.  The question is whether to spray.  Homeowners can get together to do this.  The question is whether so spray.  People in Calvert County have said they don’t care what the mosquitos may carry, they don’t want the mosquitos.  The cost is about $50,000.   We may not know what to do.  They want to put down a larvacide.  The Health Department wants people to empty any container which contains water to prevent larvae from breeding.  He can order spray, but needs funding for it.  McKay wrinkled his brow and said it’s a difficult problem for us.  Wasn’t the problem concentrated in McIntosh Run?  Icenhower said State wide, the people who died were not where the dead crows were found.  Many people, he said, get minor systems.  We have no idea how many people have been exposed.  Those who were now have immunity.  Comm Mattingly asked about storm water management.  Those ponds are the perfect breeding ground.  Could we treat those ponds?  We are creating breeding grounds.  Icenhower said the Department of Agriculture is working with the Department of the Environment.  Maybe we should put some guppies in the pond.  The guppies are very effective.  Icenhower said his department is working on storm water ponds.  The ponds are wetlands for birds and fish and wildlife.  Jarboe asked where someone would get the mosquito fish.  Icenhower said the fish are probably one of the best and most effective ways of controlling mosquitos.  Raley asked a question about citizens who call about decisions from the Health Department.  He said it’s not clear that citizens are being told about their rights to an appeal process.  Could you do an internal review and see if there is an appeal process.  He said he was very aware of the individual in question.  He pushed it as far as he could.  Icenhower said his policy is to get the thing to pass if it’s legally possible.  In her case we did that, but we do it in all cases.  </div> <div> <B>County Administrator time as next.  </B>Art Shepard came to the table to discuss the $27,704 grant for the New Horizons Summer Camp.  They have been able to request and receive additional funds.  If there are special needs in a regular camp they have staff to do one on one for including youth.  There is no county match for this program.  Public schools provide transportation for the children.  They have a $50,000 budget which includes fees.  It’s the same amount as last year.  There are inclusion services in regular camps, asked McKay, and he was told yes.  This Saturday is the High Hopes Awareness day event.  The vote was 5-0 to approve the grant.  </div> <div> A recording system for circuit court to replace the court reporter.  Judge Kaminetz said we have been hemorrhaging  money in court reporting funds.  This unit can do all four courtrooms.  It can be expanded at little cost.  Montgomery County has 30 court rooms that have gone to this system.  It works almost as well as a live court reporter.  Bill Tench, Court Administrator, was there to answer questions.  Tench said it will be a pleasure to handle this system.  The District Courts are using this system as well.  It’s a server and back up.  It runs on two tracks.  If one goes down, the other continues.  There is an uninterruptible power supply.  The system records all the audio.  They can use the existing audio wiring in the court room.  The system is automatic and runs all the time.  The clerk will operate the system, i.e. use the hot key to tag events.  If a witness is sworn, an interested party can find that witness.  Montgomery county has not had one technical glitch.  One can burn a cd if someone wants a copy of the record.  The record for juvenile proceedings can be sealed.  It has a lot of features.  Little special training will be required.  The system is scalable, one server can serve 4 courtrooms.  The cost is about $30,000.  The vote was 5 - 0.  Mattingly asked about archives.  Kaminetz said the record will be a cd instead of a stack of paper.  McKay thanked them for the savings.  He noted that Raley and Abrams need a table.  </div> <div> <B>The State’s Attorney came to ask for additional money for expert witnesses.  </B>The request is for $10,000.  This is a fund like the snow removal fund.  We can go for years and not need this money then break the bank with one trial.  Comm Raley said he will approve it, and he asked that the State’s Attorney not be so mean spirited when he makes a request.  The vote was 5 - 0.</div> <div> <B>Cynthia Brown brought a brant from alcohol and drug prevention.  </B>  She was requesting a budget amendment.  McKay asked if the  Freedom Fest could be fully funded by private donations.  Brown said they have always received private donations.  McKay said they do not want to lose the program.  Brown said she is making more presentations.  The vote was 5 - 0.</div> <div> <B>Randy Schultz brought a proposal for a policy on equal opportunity for persons with disabilities.  </B> McKay said he was surprised that this was not already in our policy.  This is a requirement from the Department of Mental Health and Hygiene.  McKay asked how many employees have a disability.  Schultz said they cannot ask employees, but they are encouraging employees to make their disabilities knows.  The vote was 5 - 0 (that was the second motion made by Comm Dement.  Schultz proposed a diversity of interest group to put together a long range plan to address the needs of those with disabilities.  The group will start this spring and bring suggestions to the table by the fall.  There were requests for exemptions from the hiring freeze.  Recs and Parks needs seasonal groundskeepers.  Comm Dement said he is familiar with the need for Recs and Parks.  Jarboe abstained from the vote which was 4 - 0.  Sheriff Zylak asks for the senior communications specialist is not in the ‘04 budget.  The Property Clerk position, said Lacer, should be filled. The senior (?) clerk is not in the ‘04 budget.  The senior coordinator is in the ‘04 budget and Lacer requests that it be filled.  The Senior Office Specialist is already recommended for approval.  Two of these three positions were recently vacated.  One is his HR person.  The three positions were approved - Staff Specialist, Senior Office Coordinator, and the Senior Office Specialist.  The vote was 5 - 0.  </div> <div> <B>Nest came Commissioner time.   </B>Comm Jarboe said he was glad to see the Christie McDonald problem get resolved.  Minnie Russell brought other items forward.  Jarboe would like to see the items that Sue Veith is working on.  Right now we have a policy that people must leave a name.  People are using someone else’s name.  It may be time to adopt a written complaint policy so the person must appear.  <B>According to Robin Guyther, </B>80% of the complaints on the livability code were vendetta complaints, said Jarboe  Comm Raley attended the concert at St. Mary’s College.  He wants to support the River Concerts.  Dement was hosting a 40 team softball tournament.  Comm Mattingly said he went to the art display at the Board of Education and congratulated the students.  The Breton Bay Water Restoration Meeting will be this Wednesday at Leonardtown Middle School.  McKay suggested getting auctioneer Raley to participate in fund raisers.  McKay talked about a public-private partnership.  Maryland Day will take place this Sunday at 1:00 PM.  Tuesday at 11:00 they will be at the St. Clements Island Museum.  Next is a tour of the Dept of Public works.  They will be a little late.  He got authorization for an executive session for personnel.  </div> <div>      </div> <div> McKay said the election year has altered the timing on legislative proposals. Delegates Bohanan, O’Donnell, Wood, Senator Dyson and Comm McKay, Jarboe, Raley and DeMent</div> <div> There were 13 proposals.  </div> <div> 1.  Department of Planning and Zoning - Critical Area Commission Jon Grimm of Planning & Zoning came to the table to request making the Critical Area Commission subject to the administrative procedures act.  The critical area commission made 51 conditions to its acceptance. .Del Wood asked what other counties think.  Grimm said there was general agreement.  Wood asked if MACO was submitting legislation and was told no. Raley asked the delegation to approve this action.  Grimm said this has been running for nearly 12 years.  We had an 8 year litigation over this.  The Critical Area program, said Grimm, is supposed to be a local program.</div> <div> 2. Alcohol Beverage Board - Board of License Commissioners</div> <div> Revision to the applicable section of Article 2B in 2001 did not clarify correctly how the section would continue to apply to the St. Mary’s County Alcohol Beverage Board.  Provision A2 was changed to require the Boards to consider before granting an application.  Jenks Mattingly and the Board’s attorney made the proposal.  Our County with a staff of 2 could not meet all the provisions.  Baltimore City, Harford County and St. Mary’s County are exempted.  iii provides guidelines to disapprove applications if there are factors that would be known to the local Board.  Only II should not apply to the County.  Jenks Mattingly said it is almost impossible not to grant a liquor license.  Senator Dyson said he thought they did what was wanted.</div> <div> 3.  Department of Economic & Community Development - Nutrient Removal Credits Biologic nutrient control systems have a great capacity to remove the nitrogen and strategically placed BNC systems in the region of the waste water treatment will provide a method of mitigating this runoff as a much less expensive process.  John Savich said this is an economic boon to St. Mary’s County  Bob Parkinson was presenter. Because we can remove pollutants why not let the BNC systems trade credits with wastewater treatment plants.  </div> <div> 4.  Department of Economic & Community Development -  Biologic Nutrient Control.  To allow the use of Biologic Nutrient Control systems to be regulated as Minor Public utilities.  Nitrogen can be removed and returned to the air.  Because of the ability to clarify water this would clarify water.  One oyster can clarify 55 gallons per day during the growing season.  We should let farmers grow oysters to mitigate their runoff.  One float will take care of 27 acres. </div> <div> 5.  Department of Economic & Community Development -  Shellfish Cultivation Rights To give relief for pier and wharf owners on the Chesapeake Bay to cultivate oysters similar to that currently allowed in Talbot and Howard counties.  Bob Parkinson made the presentation. The tax credit should apply to all counties because fresh water clams can do the same things. Everyone wins.  There is revenue generated here by our own native oyster.  Del Wood asked if Parkinson had talked with DNR.  Savich says there’s been some work done but it’s not ready for a legislative package.  Del Wood asked about talking to surrounding counties.  They have been to Charles County.  They intend to see all 3 counties.  He intends to send this to the other Commissioners.  Asked if the Farm Bureau has any feedback Parkinson said Peltz is there now.  Parkinson asked what you do with oysters from bad areas.  Water quality can be monitored.  The other problem is appearance.  These oysters are not on the bottom.  They are on the top.  A watershed should be governed by the people who own it.  McKay said he expects DNR to have a policing problem.  Parkinson said only when the oysters are moved.  We have to tell them.  If someone gets sick on a Maryland oyster, we lose money.  O’Donnell asked if the Federal Gov’t has weighed in.  Parkinson said the feds want innovative solutions.  He thinks this is innovative.  Can everyone who has a pier have a float.  Parkinson said there’s a process.  The Chesapeake Bay Foundation Oyster Gardiner doesn’t need a permit.  Multiple floats would.  Rich Peltz went through some hard times when he started. Bohanan said the potential is exciting. Raley asked if these oysters are disease resistant. Parkinson said they are selling oysters before they get old enough to get dermo.  MSX doesn’t travel well.  Jarboe said there are Chinese oysters in our local stores.  We could feed the world.  Wood said he wants someone from DNR to talk to the delegation. Would Parkinson come?  Yes, he would.  PRA said they support number 5.  3 and 4 are still being researched.  PRA is very excited about these proposals.</div> <div> 6.  Finance Office - Public Facilities Bonds To provide authority to issue public facilities bonds to fund the capital program.  Kramer was the presenter.  Two years ago the authority was for ‘02 and ‘03.  They are requesting authority for two years.  Asked what the outstanding debt is she said just over $95,000,000.   The cap is 5% of assessed value.  At the end of 2002, the limit is $110,600,000.  The $25 million is ‘04 and ‘05.  Typically the borrowing takes place a year after the authority, debt is retired, and the limit is changing.  If, said Kramer, we follow the plan and have a 5% increase in the assessable base there would be $128,000,000 and debt would be at $118,000,000. Projects on the list are included in the capital plan as covered by bond funding.  Del Wood said, for example, is Nicolet Park expansion for $400,000 a new project.  Kramer said these are not projects in previous years.  Kramer told Del Wood these projects will not show up again next year.  Dyson looked at school construction.  Half or more of the budget has gone for school construction.  Margaret Brent is a big factor he noted, as it should be.  McKay has said this is not his agenda. It is the previous Board’s agenda.  More important that anything is the school section of the budget.  Schools are going to be very important.  They are important in the BRAC process.  You are going to want to make that process in Annapolis.  He wouldn’t have put schools at the bottom.  It would have been at the top.  There is concern over the State funding share for St. Mary’s County may go down.  Brad lobbied that if we miss the opportunity to maximize school construction while our rate is high.  Dyson said we didn’t get a fair deal.  We want to be sure that we get a fair deal.  We provide income to the State.  Mr. McKay said they will be prudent in their spending authority.  He hopes they will bring down the debt.  Del Wood said he has put a number roofs on schools and a running track at Great Mills several times.  O’Donnell asked what her confidence is in 5%.  Kramer said based on this year it’s 6%.  We look at the debt as a percentage of the operating budget.  What will the growth of our operating budget be?  Kramer said they run debt capacity scenarios almost every time they meet.  Bohanan said they approved a two year budget cycle two years ago.  He thinks it ought to be a one year budget with the priorities of this new Board and look at a one year number.  McKay said he isn’t prepared to speak about this year’s capital budget.  Bohanan said you till want to put your own stamp on it.  Bohanan asked if we did a one year cycle, is there efficiency in doing two years rather than one year.  Kramer said projects are often multi year and the authority allows multi year planning.  Raley said he notices that $7,000,000 in principal is retired annually.  He asked if that is based on 15 year bonds.  Kramer said that is based on 20 year bonds.  Raley said this is for legislative bonding authority.  This group is going to look at the 20 year and revert to 15 years.  Raley said most of Lexington Park has been taken care of and the projects are mostly in the northern end of the County. Del Wood said he doesn’t object to a two year plan.  Wood said growth has been phenomenal.  We have to have roads, schools, and parks he added.  Wood asked for a copy of the 5 year plan.  Senator Dyson said what is this ADA transition plan.  He thought every school has been renovated.  Kramer said there are generally restrooms.  Raley asked about the debt affordability study.  There were limits.  What was the level?  Kramer said 12%.  Raley said they tried to stay 10% or below.  </div> <div> 7.  Finance Office - Records Maintenance and Access for Selected Taxes To make requirements consistent for record keeping and access to records by the County for purposes of verifying certain taxes. Kramer said they are asking for language to allow the County to access records at an establishment to verify their payments.  O’Donnell said there are no limits on penalties and interest.  He wants a limit as did McKay and Raley.  </div> <div> 8.  Finance Office - Simplified Energy Tax Calculation To simplify the process for calculating the energy tax rate.  Kramer said in essence the energy rate is 5%.  I would be done based on the billing rate for that month’s bills.  </div> <div> 9.  Finance office - Fire Tax Rate - Revision to Reflect Use of 100% of Assessed Value To revise sections of the St. Mary’s Code that reference fire tax rate maximum that was based upon the application of such rate to 40% of assessed value.  With the conversion to the use of 100%, the rates need to be revised.  There is no impact on revenue.</div> <div> 10. Finance Office - Dept Cap - Revision to Reflect Use of 100% of assessed value To revise section 27 of the St. Mary’s Code that references a cap on debt that is based upon the relationship between debt and assessed value, and implemented at a time when the assessed value used the 40%.</div> <div> 11.  Office of the County Attorney - Code of Public Laws. To legalize the 2002 edition of the Code of Public Laws of St. Mary’s County, being Article 19 of Public Local Laws of Maryland published under the direction of the Board of County Commissioners of St. Mary’s County.</div> <div> 12.  Office of the County Attorney - Citizen’s Nursing Board To allow the Nursing Board for St. Mary’s County to consist of 10 - 25 members.  </div> <div> 13.  Potomac River Association - Proper labeling and Recordation of Certain Agricultural Lands placing a note in the title if sludge has been applied.  The safety of sludge is being questioned.  Cornell University says there are 411 pathogens and toxins.  The EPA has agreed to make a long term study.  We need to record it and keep track of it.  Raley said Lewis is suggesting that a requirement be recorded if a farmer wants to apply sludge.  The realtors don’t like it. The environmental community didn’t come out.  Dyson said it’s a tough issue.  He would like to see that stopped.  It may contribute to our high cancer death rate.  No one says there is a direct rate there.  O Donnell said once sludge is applied would that be the only recordation?  Lewis said that could be the choice of the farmer. I supported his application.   </div> <div> 14.  Sheriffs Department - Top Leadership Positions Expand Rank Structure</div> <div> Sheriff Zylak introduced his fiscal manager.  He came to asked to proposed changes to allow a major to be the Sheriff’s assistant and have up to 5 Captains.  Section B is a new section and changes the captain to a major.  He suggested deleting the section that applies to deputies having to live in St. Mary’s County.  Zylak said he doesn’t think that can be done.  Wood said there was one a few years ago. The Major would be a second in command.  The Department has 4 divisions and Zylak would like to appoint a command staff of Captains.  Having a command staff that’s on the same page as the sheriff is important.  Making these appointments you have a chain of command.  Everyone gets stepped up.  It would create slots they would promote into.  There is a bottleneck to get beyond deputy first class.  They have first class deputies who have been her over 12 years.  The fifth captain would be for an administrative division.  It would handle records, spacing, fiscal staff, etc.  The County now has Sergeant who is desk bound.  He supervises 12 deputies.  You can’t supervise. Lieutenants would be squad commanders. great deputies but they sometimes need assistance.  There is a fiscal impact statement.  It will cost $1.1 million per year. McKay said without a chart of how this will work. . .  He thinks we are creating 10 new administrative positions.  The Sheriff said we keep adding to the bottom but there is nowhere for them to go.  Zylak said we haven’t added any positions.  McKay said we don’t have the organizational chart to understand.  How we will fund this is the question, said McKay.  That 1.1 million includes the money for vehicles, etc.  Del Wood said we have nothing to do with any funding.  Zylak said the 55 you mentioned is the cost of the captains.  O’Donnell asked if there had been communication with the BOCC.  McKay said due to the restrictive open meetings law we have not been able to discuss this.  O’Donnell said you assume certain grades and step levels.  It was based on the highest salaries.  Zylak said they tried for the high end.  O’Donnell said he would defer to the BOCC. Bohanan said this is the BOCC’s project.  The timing required you to present this.  Work it out and let us know.  McKay said in a normal year there would be more time.  Zylak said he knew that would be an issue, but he didn’t want to wait another year to submit the proposal.  Wood said if the BOCC doesn’t recommend it, the project goes in the can.  Jarboe said the ultimate goal is a better police department.  Are you willing to get us national accreditation.  Zylak said division commanders are captains.  They have 500 personnel, not all deputies.  Jarboe said it sucks the wind out . . . Zylak said he understands, but he believes it’s needed.  Zylak said it did come up and he mentioned it during the campaign.  He will be glad to do a study.  Raley said he appreciates the new sheriff’s need to mold his department.  His concern is the financial impact.  When you said you tried to hit the high end, you did.  DeMent asked if this is negotiable.  Zylak responded, does the County need to fund all five, could it be part of a 5 year plan?  You bet.  O’Donnell said he suggests that the Sheriff be put on the BOCC agenda.  McKay said they may need a work session.  </div> <div> 15, Raley said that Comm Mattingly asked to have this. Delegate Wood said he had his people looking into this.  This is a medicare problem, a federal problem.  The Department of Health and Mental Hygiene says there is no solution now.  It needs federal approval. There is nothing the County can do, and it is a federal problem.  Comm Raley said this BOCC passed a resolution that would bind future BOCC’s from making appointments that last more than 6 months after their term.  The State will not have to take action and you can concentrate on the work you need to do.  Senator Dyson said nothing is more important than St. Mary’s County.  O’Donnell said he appreciates the BOCC taking action.  He has a similar concern for both counties he represents.  He reserves the right to make a statutory requirement.  Del Wood said if you choose not to have it done and Del O’Donnell chooses to do it for Calvert.  Bohanan said he was hopeful the BOCC would do something and they did.  Del Wood said the proposals should be acted on by the BOCC as soon as you can.  Being the first year of a term with 50 new legislators and they each put up 20 bills and it gets backed up in bill drafting.  Let us know as soon as possible.  McKay said they have it on the agenda by the 17<FONT SIZE="1" COLOR="#000000" FACE="Arial" >th</FONT>.   Send whatever you can as soon as you can, said Wood.  Most recommendations are not all yours.  The bonding and the Sheriff’s Department you have all rightly said you want to look at that.  You may want to do a more thorough study.  The Bond bill you have to make decisions.  Del wood said this was a great beginning.  The election is over.  Now it’s what’s good for the citizens of St. Mary’s County.  McKay concurred with Del Wood’s comments and they will work with the delegation.</div> </td> </tr></table></body>