BOCC12/17/02

<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="id3.htm" TARGET="_top" TITLE="BOCC Meeting Notes 12/3/02 6/30/03"><U><B>BOCC Meeting Notes 12/3/02 - 6/30/03</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="id88.htm" TARGET="_top" TITLE="BOCC 12/3/02"><U>BOCC 12/3/02</U></A>   |   <A HREF="id92.htm" TARGET="_top" TITLE="Legislative Agenda 12/10/02"><U>Legislative Agenda 12/10/02</U></A>   |   <A HREF="id91.htm" TARGET="_top" TITLE="BOCC 12/10/02"><U>BOCC 12/10/02</U></A>   |   <B>BOCC12/17/02</B>   |   <A HREF="id96.htm" TARGET="_top" TITLE="BOCC 1/7/03"><U>BOCC 1/7/03</U></A>   |   <A HREF="id98.htm" TARGET="_top" TITLE="BOCC 1/14/03"><U>BOCC  1/14/03</U></A>   |   <A HREF="id99.htm" TARGET="_top" TITLE="BOCC 1/21/03"><U>BOCC 1/21/03</U></A>   |   <A HREF="id101.htm" TARGET="_top" TITLE="BOCC Budget 1/27/03"><U>BOCC Budget 1/27/03</U></A>   |   <A HREF="id102.htm" TARGET="_top" TITLE="BOCC 1/28/03"><U>BOCC 1/28/03</U></A>   |   <A HREF="id103.htm" TARGET="_top" TITLE="BOCC Budget 2/3/03"><U>BOCC Budget 2/3/03</U></A>   |   <A HREF="id104.htm" TARGET="_top" TITLE="BOCC 2/4/03"><U>BOCC 2/4/03</U></A>   |   <A HREF="id105.htm" TARGET="_top" TITLE="BOCC 2/11/03"><U>BOCC 2/11/03</U></A>   |   <A HREF="id106.htm" TARGET="_top" TITLE="BOCC 2/18/03"><U>BOCC 2/18/03</U></A>   |   <A HREF="id107.htm" TARGET="_top" TITLE="BOCC 2/25/03"><U>BOCC 2/25/03</U></A>   |   <A HREF="id108.htm" TARGET="_top" TITLE="BOCC 3/4/03"><U>BOCC 3/4/03</U></A>   |   <A HREF="id110.htm" TARGET="_top" TITLE="BOCC Budget 3/10/03"><U>BOCC Budget 3/10/03</U></A>   |   <A HREF="id111.htm" TARGET="_top" TITLE="BOCC 3/11/03"><U>BOCC 3/11/03</U></A>   |   <A HREF="id112.htm" TARGET="_top" TITLE="BOCC Budget 3/17/03"><U>BOCC Budget 3/17/03</U></A>   |   <A HREF="id113.htm" TARGET="_top" TITLE="BOCC 3/18/03"><U>BOCC 3/18/03</U></A>   |   <A HREF="id116.htm" TARGET="_top" TITLE="3/31/03"><U>3/31/03</U></A>   |   <A HREF="id117.htm" TARGET="_top" TITLE="BOCC 4/1/03"><U>BOCC 4/1/03</U></A>   |   <A HREF="id120.htm" TARGET="_top" TITLE="BOCC 4/15/03"><U>BOCC 4/15/03</U></A>   |   <A HREF="id119.htm" TARGET="_top" TITLE="BOCC 4/8/03"><U>BOCC 4/8/03</U></A>   |   <A HREF="id122.htm" TARGET="_top" TITLE="BOCC 5/6/03"><U>BOCC 5/6/03</U></A>   |   <A HREF="id121.htm" TARGET="_top" TITLE="BOCC 4/29/03"><U>BOCC 4/29/03</U></A>   |   <A HREF="id123.htm" TARGET="_top" TITLE="BOCC Budget 5/12/03"><U>BOCC Budget 5/12/03</U></A>   |   <A HREF="id125.htm" TARGET="_top" TITLE="BOCC 5/13/03"><U>BOCC 5/13/03</U></A>   |   <A HREF="id124.htm" TARGET="_top" TITLE="BOCC 5/20/03"><U>BOCC 5/20/03</U></A>   |   <A HREF="id126.htm" TARGET="_top" TITLE="BOCC Budget 5/26/03"><U>BOCC Budget 5/26/03</U></A>   |   <A HREF="id127.htm" TARGET="_top" TITLE="BOCC 6/3/02"><U>BOCC 6/3/02</U></A>   |   <A HREF="id128.htm" TARGET="_top" TITLE="BOCC 6/10/03"><U>BOCC 6/10/03</U></A>   |   <A HREF="id129.htm" TARGET="_top" TITLE="BOCC 6/24/02"><U>BOCC 6/24/02</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>BOCC12/17/02</I></div> <div> After the invocation, which was presented by Father O’Reilly of Holy Face Church, the Pledge of Allegiance was said and the agenda was amended to remove the Ladyes Fayre (substituting Leonardtown Elementary) and remove the executive session and the County Administrator added item 9, appointments to Boards and Commissions. . Comm Jarboe noted that mileage reimbursements go back to July.  He wants a policy that mileage should be presented on a monthly basis.  He said he is sure they drove this mileage, but it’s awful high.  Lacer said he could bring a policy for approval in January.  He added that each trip is itemized on a form.  Jarboe noted that the amount in question was $1,000.  Mattingly said that cutting a check for $5.00 doesn’t make sense.  Then the bills were approved with one being held out for further information. The minutes of the last meeting were corrected on page 6 and approved. </div> <div> Some 4<FONT SIZE="1" COLOR="#000000" FACE="Arial" >th</FONT> grade children from Leonardtown Elementary School sang Silent Night and another song for us.  </div> <div> <B>Next came County Administrator time.  </B>He began with a draft agenda for Jan 7, which was approved.  Next was a grant agreement for Three Oaks Center, an amendment to the lease, and written reporting requirements for grant agreements.  Lanny Lancaster came to answer any questions.  Comm McKay noted there was an error in the written reporting agreements and corrected it.  He asked why the lease agreements didn’t coincide with the grant agreements.  They are purchasing 10 townhouses to use for transitioning people into the community.  The people who live there will need additional services to function.  McKay asked if people served by 3 Oaks were mentally or physically disabled and was told they are.  Lancaster said they bring all the services to the table and combine in a service plan.  McKay asked how one applies.  Lancaster said he gets walk ins, referrals from churches and the mental health system, the hospital, and the Department of Social Services.  Three Oaks does outreach and emergency services.  It is part of a continuum called the Southern Maryland Prevention of Homelessness Board.  They work together to provide services to all three counties.  Calvert County has an excellent mental health facility.  The counties look at homelessness from a regional point of view.  Since 1998 they have gone from 6 to 20 clients a day.  They have apartments for families with children and there are about 54 children.  They are adding meeting rooms and an institutional kitchen so St. Mary’s Caring can move to Three Oaks.  The County gave Three Oaks $50,000 to find more money and Three Oaks has gone from a $100,000 a year budget to $1,000,000 a year.  Jarboe noted that the men in the facility could do grounds maintenance.  Lancaster said the men clean the place, but their work stops there.  Jarboe said any property owner would expect the tenants to mow the grass.  The new lease is contingent upon getting the grant agreement.  McKay said he thinks Comm Jarboe would like to have the grass cutting removed.  Chris Miller said he is the treasurer of  Three Oaks.  The lease is for the grounds.  Three Oaks has built a building and gotten grants to provide services to the County.  Comm Mattingly said he thinks limiting the risk makes sense.  John Norris was asked to address the risk.  Norris said Three Oaks is required to maintain liability insurance and property insurance.  Lancaster said he thinks that he doesn’t have a good sense of who is capable of what.  Putting a man behind a machine as dangerous as a lawnmower is something he could not do.  Comm DeMent noted that it might be ok with supervision, but there is no one to do the supervision.  There was extended discussion.  They voted not to have the clients mow the lawn.  Next a stormwater management easement for the Naval Museum was approved.  The Human Relations Commission bought amended by-laws to the table for approval.  Cynthia Brown came to the table.  The Commission is requesting one change to comply with the State law changes.  The change was approved.  <B>John Savich came to present the MOU with Facchina Group for development of 20 acres.  </B> Mr. Savich noted that the requirement for a public hearing had been added along with a map of the property.  Comm Mattingly asked how we document this housing as replacement housing.  Savich said there is a requirement that they return to the Board for necessary documentation.  Mattingly: Say the Mansfield Property or the Flattops comes out of the market.  Can we still use this as replacement housing?  Savich said there is a process.  Lacer said Tri County Community Action Committee is agreeing that this can be used as replacement housing for the Flattops. Comm Mattingly thanked Mr. Facchina.  We preserved land at no cost to the County and have land for low income housing.  Mr. Facchina is looking for more property.  Comm Raley reiterated that the public hearing is required.  The MOU and the letter were approved.  </div> <div> <B>The County Attorney came to the table with a Statement of Policy to be approved.  </B>McKay asked how we have handled these matters in the past. Norris said the Attorney General had given an opinion that the representations of the Ethics Commission and The Board of Appeals needed a “Chinese wall”.  It is appropriate, said Lacer, to have a written policy.  Comm Mattingly moved approval.  Jarboe seconded it.  Comm McKay noted that there are times when we go to outside attorneys.  He expressed his concern that we use attorneys from the same office.  Norris said the Attorney General said there was no inherent conflict.  If the individual cannot come to the supervisor, they can seek advice “of counsel”.  Jarboe noted that if both County attorneys have a conflict.  Comm Raley said he is comfortable because of the Ethics Commission and the Maryland Rules of Professional Conduct.  McKay asked Lacer if a private law firm would take conflicting interests.  Lacer said if there is a Chinese wall, they might.  Government law practices said we have administrative processes and appeals.  The appeals Board is part of the overall unit.  The Policy was approved.</div> <div> <B>John Grimm came to the table to amend the sewer and water plan to allow someone who originally was included to the sewer.  </B> Jarboe noted that the amendment was approved by the St. George’s Island Improvement Association.  The sewer plan amendment was approved 5 – 0.  Next came Grimm for direction to amend chapter 52, amortization provisions of non-conforming signs.  The change points out two processes which could be followed.  This is a text only amendment, and could be done without the Planning Commission.  If on Jan 7 you make a decision, if there’s some urgency to the process, you have a schedule.  There are legal issues that are involved.  Based on State law our ordinance was fine.  There is a court case which Mr. Norris can describe.  Eller Media vs Montgomery County.  Amortization may not be sufficient compensation to sign owners.  Section 122E will not permit amortization to be the only compensation.  Any interest that the sign company has in the realty must be compensated.  Clear Channel has told us that they have leases for 14 structures and the leases will expire in the next 12 months.  We have to pay about $100,000 plus the value of the signs.  Comm McKay reiterated that the County is being sued over its ordinance.  We would have to compensate these sign owners up to $100,000.  There are other signs that could follow in this same suit.  We will have to pay for each sign we require to be taken down.  Company representatives, said Norris, say the Clear Channel signs could be up to $3,000,000.  Comm Mattingly said couldn’t we just not enforce the law and was told no.    Lacer said because of the court’s calendar they would not like to delay this issue.  It was approved for public hearing 5 - 0.  </div> <div> Next McKay noted that the three new commissioners were not in office when the public hearing on the Zoning Ordinance changes were held.  Maybe we need to move this issue and deal with the rest of the changes at another time.  McKay said he wanted Grimm to look at provisions for on-site real estate signs.  Grimm said there has been no change since the 1990 ordinance.  Individuals have asked for permits for larger than 5 sq ft signs that are permitted.  People can receive authorization.  Grimm said one person asked to have commercial property exempted up to 32 sq ft.  They can get permits.  Do you want people to have to get permits?  McKay said one man said he put in 20 applications and before he got the permits 10 properties had sold.  Grimm suggested an exemption for non-residential property, standards for intersections, not to remain for more than six months, etc.  Norris said we need to finish this up by March 1.  Grimm said his schedule doesn’t include any joint hearings.  There is one scheduled on Feb 10.  Comm Raley suggested authorizing staff to have a public hearing for chapter 52 and 65 with regard to non residential for sale signs and have it take Place Jan 13.  Raley said he doesn’t like doing a text amendment without going to the Planning Commission.  There will be public comments.  We should afford ourselves of the opportunity to have the Planning Commission weigh in on it.  Norris suggested that in this instance you either have to find the money or remove the provision.  Mattingly asked if the Planning Commission has to hold the record open.  We could ask them to make a decision that night.  Grimm replied that the Planning Commission does not have to hold the record open, but the BOCC doesn’t.  </div> <div> <B>Patuxent Tidewater Land Trust came to seek the BOCC’s endorsement for a St. Mary’s River Rural Legacy Area.  </B> Gita Van Heerdon said this area was identified last year as having historical and other applications.  Last year the BOCC approved this area, but the State didn’t want to approved this area until Huntersville was complete, which it now is.  There may not be money, but we will at least remain in the queue.  Comm McKay said if we want to be in the program we better cross out t’s and dot our I’s.  Jarboe noted that the St. Mary’s River is not part of the scenic river program.  He asked if Gita know what happened to the scenic river program and she didn’t.  Gita said they would be identifying areas of concern.  Comm Raley said the area is rather large.  He said we want to be involved and this is a good part of the County, if the program were to move forward, it is voluntary.  If a property owner doesn’t want to participate, it doesn’t happen.  Jarboe moved and DeMent seconded.  Comm Mattingly said his concerns are that a large portion of the property is already in the critical areas.  He’s concerned about the valuation and getting the most bang for the buck.  Let us take the areas that are less protected than the critical areas.  Gita said she agrees and they would put together an easement valuation system to protect properties with less potential for preservation.  Gita said they are focusing on the McIntosh watershed, but most property owners are Mennonite and would not accept government money.  The approval was 5 - 0.  </div> <div> <B>Motions were made to approve a series of appointments to Boards, Committees, and Commissions.  </B>Dr Virtz was appointed to the ag preservation Board.  Two people were appointed to the airport advisory committee.  Thomas H Jones and W. Laurence Whitbeck to Cable Advisory Committee, Randall was appointed to the Commission on the disabled as was one other person..  Nancy Paige Smith to the Comm on the Environment.  Family Center members were reappointed.  Patricia Bryant, Harry Measlier and Robin Ray Cole to Marcey House.  Three people were appointed to the Metropolitan Commission (Raley opposed) Joseph St. Clair, John Taylor, Steve Reeves to the Planning Commission, Social Services Board, Solid Waste advisory Committee, Tri County Services Bureau.  Everlyn Holland, Joan Marsh and Jacqueline Verbeen to the Library Board. (Jarboe said he has a concern about internet access and will oppose these appointments), </div> <div> After a break, McKay said he would like to move the approval of Millie Huseman, Joe Gass, and Chipper Norris to the St. Clements Island Museum.  Please see separate list of appointments at County web site for details.  They want faster than I could take notes and had no list for the press or me.</div> <div> <B>The 2003 legislative package was presented by Al Lacer.  </B>It is his custom to go down the list and have the BOCC take positions.  First came the Critical Areas Commission item (see the list accessed on the BOCC page of this web site) .  McKay said time was short this year, and they requested extra time on some issues.  If the Board wants to defer, we can. Comm Mattingly noted there are deadlines for getting bills in the hopper.  McKay said if we are planning a work session with the Sheriff he would hate to have a position already stated.  Mattingly said this is an item that the previous board had asked Mr. Grimm to prepare.  They are making decisions based on opinion, not law, and using regulations to dictate.  They have required us to use more of our growth allocation units than were required.  McKay said he can ask for a support vote and could do it individually.  He did and all supported it.  Next was the Alcohol Beverage Board asking for clarification.  McKay supported it as did everyone.  The Department of Economic Development came with nutrient removal credits.  Jarboe said he’s a Circle C stockholder and will abstain.  The vote was 4 - 0.  Biological nutrient control and shellfish cultivation rights were also approved 4 - 0.  The Public Utilities Bond Authorization was next.  Lacer pointed out that authorization is not using money.  McKay said he has concern about the County borrowing additional money.  He wants justification.  He won’t oppose this.  It’s for two years and it gives a safety net.  We don’t know what will happen at the State level. Jarboe noted that 3/4 of this money goes to public schools.  The vote was 5 - 0.  Legislation regarding the maintenance of records for selective taxes.  The vote was 5 - 0.  Next was a simplified computation of the energy tax.  McKay said it doesn’t affect the tax amount.  Raley said hopefully it does clarify how the energy tax affects propane distributors.  Mattingly asked if this places a 5% tax on an individual delivery.  Kramer replied that this will apply the tax directly to each invoice.  Mattingly said he thinks we should go to a flat 5% on all fuel bills.  Kramer replied that’s what this does.  The vote was 5 - 0.  The fire tax rate must be adjusted to allow for Maryland’s change to 100% of assessed valuation.  Mattingly asked if we are applying the correct section of the code.  Lacer said it’s his understanding that it does and if it didn’t the legislative drafters would take care of that.  The vote was 5 - 0.  The next item was the County’s debt limit cap, now we must adjust the percentage to comply with the change to 100% valuation.  The vote was 5 - 0.  The County Attorney’s request for codification of St. Mary’s County’s public law.  Codification is available to the public at the public libraries.  The vote was 5 - 0.  The Nursing Home’s proposal regarding the number of board members was next.  McKay said he spoke to the executive director.  He didn’t see expanding to 25.  Mattingly said because of the number of committees they have established they would like more members to have on these committees.  He continued that they can make a quorum, but some members have found the time more than they want to spend. Jarboe said he doesn’t want to change the number to 25.  15 would be a little different.  Lacer said it was his recollection that the By-laws say it can go to 25 if the statute is changed.  McKay said they could set it aside or take a position. They wanted to vote.   Mattingly asked to have members of the Nursing Center Board come and explain.  The item was deferred.  The labeling of agricultural lands where sludge has been applied. DeMent suggested approving it and sending it up the road.  Jarboe said he wants to hear from the Ag Seafood Commission before he votes.  McKay said he thinks Senator Dyson will put it forward.  Bob Lewis said he had full support from this Board the last time it went to the State.  The final item was the Sheriff’s proposal.  McKay said there is no work session scheduled.  DeMent said he thinks they need to hear more. Jarboe said this is not a contentious situation.  He went on to say it was dropped rather quickly.  Raley said they have spent $35,000 on furniture at the new Sheriff’s office.  He thinks they need to look at the commend staff.  He thinks it should take longer than January 7.  This time next year they may have the information to agree on a proposal to the legislature.  McKay said he needs to see how the Sheriff is going to shift funds in his department.  Mattingly asked if they weren’t going to get some relief from the completion of the 911 budget and was told yes.  McKay noted that the street positions could be left vacant if they didn’t fund it.  The agreed to pass and try to schedule a meeting.  </div> <div> <B>Next was commissioner time.  </B>Comm DeMent began.  They wished Comm McKay a happy birthday.  And Jarboe’s balloons has over the hill on them.  He attended the Christmas Party at the Nursing Home, and several other events.  Comm Mattingly said he had family issues and couldn’t attend the events this week.  Jarboe said he go a constituent call.  A work crew has been hammering and nailing.  He wants to know what’s going on.  Comm Raley also thanked Robin Finnacom and Millison Enterprises for the Christmas Party.  Nice to have Dennie back.  We are well into the season where we receive fire and rescue invitations.  Raley said he can’t attend.  McKay also thanked the Lexington Park Rescue Squad and the Fire Department.  He said he was disappointed that McKay got a ride on the fire truck and the others did not.  McKay replied that you had to be there on time.  He talked about a watershed restoration near Virtz’s place, a diamondback turtle habitat, and improvements to a boat ramp.  He thanked the Board of Education for the tour yesterday.  He wanted to send Senator Dyson a letter regarding the Route 235 construction.  They were paving the road during rush hour.  He is concerned.  He wished everyone a Merry Christmas and a Happy New Year.</div> <div> <B>Next came Jon Grimm to discuss Zoning Ordinance amendments.  </B>McKay said the tour is not open to the general public.  Due to security issues, they have asked to leave the public out.  The discussion on this tour will be contained to the briefing.  Grimm said the BOCC adopted the first amendments to the May 13 Zoning Ordinance.  The Planning Commission did pass a motion on November 25.  The resolution is contained in a December 10 letter from Mr. Grimm.  The Planning Commission recommends increases to the footprints in TMX, changes to gravel mining recommendations, and changes in the school facilities.  Grimm said he heard McKay said that the three incoming member should review the public hearing or hold another public hearing.  They will receive the tapes as well as written comments, said McKay.  It’s up to the Board members to review the tapes.  As you are reviewing the tapes, if you wish to go back to public hearing, you may do so.  This will be back on the agenda on January 7.  In order to proceed we must have reviewed the tapes.  Grimm said the public hearing was less than two hours in response to a question from DeMent.  Jarboe said he is going to want to review the tapes, but he also wants to hear what the public has to say.  There were two former Planning Commission members on the prior Board and now the ordinance is being changed radically.  McKay said they might as well proceed with a public hearing.  On Jan 7 the Administrative Staff will present its feeling on how the change will affect them.  McKay asked if that could be part of the public hearing process.  We can hold a public hearing later?  And was told it would be ok.  McKay said they offered to come to a BOCC meeting.  Grimm said advertising would require them to hold the hearing on January 14.  He suggested they might want to instruct him as to what they want to take to public hearing.  Grimm said this can go as a BOCC only hearing because what you are hearing is the result of the Planning Commission’s decision.  Mattingly said there are other items that may need changing.  Grimm said there were items that came in that the Planning Commission didn’t recommend some items.  He would like to hold the public hearing on those as well.  Grimm said he would recommend the sections that would be acted upon.  Mattingly said they had discussion at the table on items that went to the Planning Commission.  Some items weren’t discussed, but they are now in the package.  Grimm said he would advertise everything in the record period.  No one had a problem including the comments.  Mattingly said there are items that they should discuss.  McKay asked what if the Commissioners want to do something else.  Norris said you can make substantive changes to what is presented to the public.  Grimm said you would have to advertise the sections you intend to change.  Grimm and Norris then whispered to each other.  The Chapters are different from those the Planning Commission recommended.  McKay said he will not second motions.  </div> </td> </tr></table></body>