BOCC 1/7/03

<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="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>   |   <A HREF="id95.htm" TARGET="_top" TITLE="BOCC12/17/02"><U>BOCC12/17/02</U></A>   |   <B>BOCC 1/7/03</B>   |   <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>BOCC 1/7/03</I></div> <div> The meeting was called to order at 9:35.  Comm McKay apologized for the being late.  They were at the hospital ribbon cutting.  After the invocation and pledge, the agenda changed to add a discussion of the public hearing advertisement and move the executive session to 10:45 so Comm Mattingly could attend.   The changed agenda was approved.  </div> <div> Next <B>came the MACO update.  </B>David Blyden and  Marilyn Frazner made the presentation. Ms. Frazner is the president of MACO. She noted that with only 24 jurisdictions it is easy to get everyone in a meeting room to chat.  MACO, she said, is especially interested in representing the small counties.  MACO is important for staff.  Staff folks get together to share and be informed.  It makes for better staff people.  This will be a challenging time in Annapolis, she said.  It will be important for everyone to be at the table and involved with the budget problems.  She indicated that MACO will take positions on legislation and advocating for priorities.  MACO’s outstanding staff helps to make it a successful organization.  Mr. Blyden has been executive director since 1990.  Blyden said Frazner had worked with the CIA.  She has been president of the Maryland Assn of Boards of Education.  Four senate committee chairmen are leaving and there are four new chairmen.  Senator Middleton is a new chairman.  The House has a new speaker and two new chairmen.  It has realigned the committees.  There is a new governor.  He noted that this County’s participation is important.  When he speaks to Delegate Wood, it’s important for Wood to know he speaks for St. Mary’s County.  They provide information,   He noted that technology has enabled an e-mail to produce this book.  At the end of the session there is a legislative summary.  There is also Court House news which contains information about what is happening at Maryland.  There is a web site: <FONT SIZE="3" COLOR="#0000FF" FACE="Arial" ><A HREF="http://www.mdcounties.org" TARGET="_top" TITLE="http://www.mdcounties.org"><U><U>www.mdcounties.org.</U></U></A></FONT>  He urged the BOCC to encourage staff to participate in affiliate organizations.  They are already distributing material to make the Counties’ case as to why County money is needed.  The Legislative advisors have mentioned local money as a way to balance the budget.  The State wants to take part of County income tax revenue.  Most Counties raised taxes in the last 4 years.  They want to close a loophole in the recordation tax.  More and more commercial properties are transferring title by transferring stock, not property.   Blyden congratulated the BOCC and said he hoped they would also say they enjoyed their MACO work.  Comm Raley said they all went to confession over the holidays so the file is shorter.  He noted that this year is important for MACO.  More than ever MACO is needed to stand up for the smaller counties.  Ms. Frazner said she would be happy to have the big gun (McKay) ride together on the stagecoach.  In MACO, each county has one vote.  The rural interests were advocated for by large subdivisions because of consensus.  Raley noted that some proposals are unacceptable.</div> <div> <B>Comm Mattingly presented a proclamation to the Knights of Columbus about their Charity Ball.  </B></div> <div> The bills were approved, and minutes were changed to reflect the fact that one appointee did not meet the residency requirements.</div> <div> <B> The next item was the public notice for the hearing scheduled for January 14.  </B>He said this advertisement does not meet the requirements for informing the public.  He is not criticizing the staff who prepared the notice, he said.  The public should casually know what is covered.  The libraries should have copies of information.  Some people do not feel comfortable coming to the Governmental Center for copies.  He wants the public hearing cancelled.  He would like an advertisement in the A section cancelling the hearing and to have the hearing rescheduled.  There will be a public forum at 5:00 PM on January 14.  Comm Raley said he shares the concern that the ad was not clear.  He suggested that rather than cancel the hearing could they readvertise?  Norris said no.  Comm DeMent asked if the hearing date could be changed and was told yes.  McKay asked if it pleased the Board.  Grimm was asked if the 21<FONT SIZE="1" COLOR="#000000" FACE="Arial" >st</FONT>  would be ok for a day and he said his understanding is that the soonest it could happen would be the 28<FONT SIZE="1" COLOR="#000000" FACE="Arial" >th</FONT>.  The motion passed 5 - 0.  </div> <div> <B>Next came County Administrator time.  </B>There will be a joint meeting with the Planning Commission on the 13<FONT SIZE="1" COLOR="#000000" FACE="Arial" >th</FONT> as well as a meeting on the 14<FONT SIZE="1" COLOR="#000000" FACE="Arial" >th</FONT> and 21<FONT SIZE="1" COLOR="#000000" FACE="Arial" >st</FONT>.  Grimm presented an amendment to the Breton Bay WRAS project to allow a longer time line so they can improve public participation.  Grimm said this project could be used as a model for other watersheds.  The extension was approved.  Next came Cynthia Brown to ask for a budget amendment to a $10,081 grant for the Summer of Safety, Arts, and Reading program.  The grant was accepted.  Comm McKay asked about Mr. Norris’ note.  Norris said this is a reimbursement grant.  He wants to reenforce the fact that offices may not bind the County Commissioners.   The next was an adjustment of the budget taking $1,438 from the Highway Safety Grant.  Next was an adjustment of the budget for the Family Services Grant by -$6,410 to reflect the actual amount of the grant.  The motion passed.  The Town has reflected a couple of revisions of the grant agreement.  This would modify the letter of agreement between the County and the Town (re: the golf course and conference center).  Our grant would go up by $20,000 said Raley.  He wants to support this project.  He noted that the State always withholds its money until the last minute.  He doesn’t like that.  Comm McKay said the State must put its full allotment into this project as well as the County.  The motion was approved.  Comm Mattingly noted that this is a project they’ve worked on a long time.  He doesn’t think they got the cooperation from the State that the BOCC expected.  It’s been difficult to get a response.  This provides economic opportunities that are not available today, he continued.  The County must participate or the project will not move forward.  It’s critical that the County support the project.  Comm McKay said the commitment has already been made.  He said he agrees with Comm Raley, but the changes don’t make a tremendous impact.  Raley said this project has huge potential.  Jarboe said the Comm work in Leonardtown.  They will support our town.  </div> <div> The BOCC went into executive session for a personnel matter.  </div> <div>  <B>Next came Dr. Richardson, Steve Kracinovich, Mary Washington, Sal Raspa, and Brad Clements to talk about schools and adequate public facilities.  </B>  Dr. Richardson said school capacity can be affected in several ways. 1. increased enrollment (as of Sept 30).  As of Dec enrollment has increased by another 34 students.  2.  Legislative requirements (500 seats for mandatory kindergarten).  3.  Changes in State computations (chemistry labs and computer labs are no longer classroom space).  Adding relocatables does not change the limits on gym and cafeteria space.  Dr. Richardson said they have the highest concentration of free and reduced meal (FARM) students in the development district.  And these are the schools that require the least overcrowding.  They have federal and State grants to get additional teachers so as to reduce class size in those schools.  They receive almost $1,000,000 in grant money to do this.  There is a proposal to change our schools construction ratio from 70% of eligible costs.  This means the State pays about 50% of the total cost.  Any project which has already received planning approval will get the additional 10% .  She said they can plan for as many schools as needed, but they have to be realistic.  They would be naive to think they could fund it.  They feel they have come a long way.  They have made construction a priority and bring schools to a “wonderful” level.  They still have a long way to go.  They will plan to get the best bang for the buck, leveraging funds, etc.  In the area of school construction, the Board of Ed has spent State funds first and local funds later.  Brad will talk about the Public Works appeal.  Brad Clements said he wants to give a little history for the new members of the BOCC.  The Thornton Commission has been working for some time.  There is a task force on adequacy of schools.  The State will be assessing all buildings and setting standards as part of the No Child Left Behind Act.  Our buildings are in much better shape than 10 years ago.  Roofs and HVAC are in good shape.</div> <div> In 1990 the Adequate facilities ordinance first took effect.  Class sizes were set below the State level and now are still different for 1<FONT SIZE="1" COLOR="#000000" FACE="Arial" >st</FONT> and 2<FONT SIZE="1" COLOR="#000000" FACE="Arial" >nd</FONT> grade.  The County said they would put funds into the schools.  The difference between State and local capacity is 482 students who are served with relocatable.  Changing to a percent over local capacity would add relocatables.  The 1990 ordinance supported development.  There has been increased enrollment from pre K and space taken out of classroom allowance.  1594 seats have been lost from capacity.  They have addressed many elementary schools, but only 58%.  All four high schools have been modernized.  By next Sept students will see program changes.  Leonardtown and Spring Ridge have roof replacements in 2003.  Lexington Park has many new seats as will Carver.  Redistricting will allow the  new capacity to be utilized if both Carver and Lexington Park are taken into account.  In 1999 the Board of Education’s Growth Management Advisory Committee was asked for recommendations for adequate facilities for schools.  There was a list of 8 tools, Services districts, cumulative impact of approvals, etc.</div> <div> Shortly after implementation of the new ordinance, it was realized that the adequate facilities ordinance hampers development in the development district.  They have concerns about differential rates.  They believe that increased capacity only in the development district may result in people not wanting to live in the development district.  The only time schools  have lost funding is when enrollment decreases.  At 120% of capacity they are 2,000 seats short.  There would be 42 relocatables at the high schools, 32 at middle schools, and 5 at elementary schools as a result of the proposed changed in APF.  Changes to 120% system wide would cost about $100,000,000.  If changes are made only in Development the cost will be $51,463,201.  One concern is that not all schools can accommodate a flat 120% They can, for example, add no more relocatables to White Marsh.  They said they could use core capacity as a maximum for a school.  Clements said Greenview Knolls has almost as many students in relocatables as there are in the building.   </div> <div> Clements said the Board Ed will develop a Capital Improvements program.  This year’s program will be looking at providing new buildings for the students.  They have some development data on their maps now.  Everyone is using a GIS system.  </div> <div> Clements said the County should set goals, perhaps with a growth management task force.  They the CIP should support the goals.  The Tri County Council talks about a balance between jobs and other resources.  The school system has tried to continue to take all these elements into account.  The truth is that buildings were built for the baby boomers and now they are aging and need revitalization.  We have done that, but now we need to build.  </div> <div> Steve Kracinovich noted the Schools Board is also into conversation about capacity issues, the impact of program changes plus new students, etc.  They need Carver to meet capacity, and timing is important.  They have a number of concerns regarding the Planning Commission’s recommendations.  They are not sure what the 120% capacity would do in the schools.  There will be unintended consequences of causing people to move from the development district.  He understands they may be interim recommendations, but they should not be the basis for a long term plan.  All the concerned parties were not around the table.  </div> <div> Pat Richardson said they will be appealing $2,000,000 for Margaret Brent and the Ridge Elementary School gymnasium project.  Now, she said, we have to provide the Ridge Gym.  Every student should have the same opportunities.  They are also asking for additions to accommodate the all day K at Oakville and Ridge.  These are important projects.  Some have been a long time coming.  They hope the BOCC could join them at the public works appeal.  </div> <div> Comm McKay noted that this is an important issue.  In anticipation of public hearing, they thought it was important to hear from the Board of Ed.  He can understand Mr. Clements’ desire to show the issues and not the solutions.  The BOCC looks to the elected school board to help find the solutions.  He asked how many jurisdictions are operating . . . where are Calvert and Charles.  Clements said Calvert is getting new schools and Charles is building a high school.  Clements said it will be slightly over to trigger State funding.  Working with Planning and Zoning, we can show that a growing county will be over capacity.  Kracinovich said that most counties have declining enrollments.  When the State did all day K, they thought that in most jurisdictions schools are being closed.  McKay asked about testing levels for No Child Left Behind.  Richardson said the State got the regulations 6 weeks ago.  Testing will be in grades 3, 5, 7, in reading and math only.  Maryland will add other grades and science, and may add social studies.  We must have results by the end of the school year.  There will be individual scores for each child.  There are financial impacts.  They now have an extensive reporting requirement for which they do not have either the hardware or the software, not does any other county.  There are more unknowns than knows.  Para educators must be certified, as must teachers.  Much of their budget increase is due to No Child Left Behind.  </div> <div> McKay asked about the recommendation about services districts.  Would having two service districts be better than having one service district.  Clements said it would help the County direct growth.  Clements said you can’t just take one factor.  Others may change.  Clements said his cost projections are based on 6,000 homes over 10 years.  </div> <div> Kracinovich said the three seems to be best, but they thought the County should set the boundaries, not the Board of Education.  He added that seats in the plan is unreasonable because they will always have seats in the plan.  They felt that allowing the development based on current year funding would result in schools being ready at the same time the houses get built.  The Thornton Commission doesn’t intend to finish until some time next fall.  They look at median income.  That doesn’t mean that we don’t have many families under that level.  Tax base is not taken into account.  Kracinovich added that measure applies to us the least, because a lot of our tax base is not from commercial enterprise.  We educate children of the military, and they often don’t pay taxes.  Raley asked when Thornton is to come in and was told FY ‘06.  He asked if Ridge has all day Kindergarten and was told some children go all day now but Thornton would require all children would go all day.  Richardson added that preschool is also in Thornton.  They expect to be required to provide pre schools to FARM children.  She says all children could benefit, but they will only get State money for FARM children.  Dollars will shift from grants to the general fund.  Some programs will be discontinued, but others will be funded by the State.  Kracinovich said general funding may be up, but grant funding is down.</div> <div> Jarboe asked where and what will the next school be.  Richardson said an elementary school in the First Colony area.  Then they plan a new secondary school and may begin as a middle school and transition to a high school.  They would like to find an area where both schools could go.  Jarboe asked if there is a standard architectural plan for schools?  Richardson said Fairfax and Loudon Counties in northern Virginia have been doing cookie cutter schools, but they build 4 or 5 schools at a time.  Dent, she observed, could take another addition.  Clements said savings are limited by site variances.  McKay said if the State were providing plans, that would help.  Comm DeMent asked if the elementary school were in addition to Carver and was told yes.  Richardson said they have planning money for Carver.  They expect completion late ‘05 or ‘06.  DeMent asked if the old Great Mills elementary will be used.  Richardson said the annex will be used for Carver students while the building is being built.  They refurbish the annex each time a school moves out.  Richardson said some Carver students will move to the new Carver, but most won’t.  Kracinovich noted that Carver needs to stay on track so children can have the new facility.  Clements said the students would be in the annex for 24 - 30 months.  That’s the same time Lexington Park was in the school.  The students for the new elementary school may need to be in the annex as well.  They broke for lunch.  </div> <div> When I returned from lunch the BOCC was discussing the <B>Release of Easement Agreement for Property adjacent to Leonardtown Wharf.  </B>For this hearing and the one  on amending Article XV, the record will be held open for 10 days.</div> <div> <B>Next came the items for the 2003 legislative agenda.  </B> County Administrator Lacer said the were 3 items open.  There were nursing center representatives to talk about why they needed up to 25 people on their board.  Nell Hampton said they never wanted 25 members.  They want to increase membership from 10 to 12 members.  Mrs. Hampton said the BOCC makes the appointments.  Comm McKay said he was not trying to restrict business.  Ernie Williams noted that there are only 9 citizens on the Board.  Nell said she would prefer a maximum of 14.  Jarboe said not more than 14 might be the best number.  McKay said he thinks the number should actually be 15 plus one commissioner.  Hampton agreed.  All the BOCC members present (Mattingly had to take his wife to the hospital for a check up)  supported the change to 15.  The PRA proposal was next.  The Ag and Seafood Commission held a special meeting last night and their recommendations went to the BOCC today.  Bob Lewis said he knew that the vote at the Ag and Seafood Commission was 5 - 2.to oppose this measure.  Comm Jarboe said in March of 2000 the Farm Bureau was in favor two years ago.  Comm Jarboe said he doesn’t want to force the farmers the reach a conclusion.  McKay said they had a correspondence from the Farm Bureau.  McKay continued that there are some questions that need answering.  Jarboe said he understands its just a recommendation, but he can’t make a decision right now.  </div> <div> <B>The next item was  the Sheriff’s recommendations.  </B>They received correspondence from the Sheriff this morning.  It contained a redraft of the proposed legislation.  Changes include that the County Commissioners shall determine the number of captains.  Comm Raley said that he understood that 5 special deputies were to be created and free 5 sworn deputies and then they would look at step increases.  The Sheriff’s office doesn’t want to reduce steps.  The cost is now down to $783,000.  But the Sheriff’s office didn’t want to get into budget session over this request.  They will work with the BOCC.  The Sheriff’s representative said he doesn’t want to require people to take more responsibilities without adequate pay for assuming them.  DeMent said if everyone is cut back one step it could amount to $100,000.  The reply was that it was not a substantial savings.  Jarboe said the other changes required in the legislation have been made.  DeMent noted that this is separate from the legislation.  McKay said he expected pressure to enable the legislation.  Raley said no, Jarboe yes, DeMent yes, McKay no .  Jarboe said the legislative change can be supported.  This is his effort to show he is willing.  Raley said when budget time comes there will be four individuals doing the job of captain and not getting paid for it. DeMent said who says the legislature will approve this, even if we do.  McKay said he would support two captains.  The motion failed.  </div> <div> <B>Next came a staff presentation on the cable franchise agreement.  </B>The negotiating team had Mr. Kelly, John Norris, Mr. Stancliff, Mr. George Forrest.  GMP cable serves the main part of the county, said County Administrator Al Lacer.  The agreement is being negotiated and updated.  There was a needs assessment done two years ago.  They approached individuals, government and private organizations to get a sense of the needs.  A leading telecommunications firm was employed to negotiate.  When the needs assessment was completed, Mr. Forrest chaired the team.  Almost a year was required.  The needs assessment was used as the County’s high water mark, Lacer continued.  The Cable Advisory Committee has supported this document.  A public hearing will be scheduled in late January or early February.  Then a final decision can be made.</div> <div> George Forrest said there were some 19 elements to negotiate, based on the needs assessment.  There are State and federal regulations that establish limits.  We cannot, he said, dictate the kinds and numbers of channels to be made available.  Pricing and scheduling of services cannot be negotiate.  They knew they needed emergency notification.  Most complaints were about customer service.  There are legal penalties for poor service in the new document.  There are Public Education/Government Education channels.  There will be three studios with four channels.  One would be for higher education - a station at St. Mary’s College with access by College of Southern Maryland and the Higher Education Center.  There would be a government studio.  The education studio would be in the technical center.  There would be a curriculum in television broadcasting and television studio management.  Forrest said there is a studio now at the Gant Communications office.  There would be after school hours access by the public to the studio.  There is a comparison of what we have now and what we can have with the new contract.  David Taylor was recognized for his work on the negotiations.  Comm McKay asked how this will change the cable franchise act.  Norris said there are provisions for liquidated damages, the distance to the house where the company must hook up homes is greater.  Norris said the ordinance will bring the act into conformance with the new agreement.  There is a court case about cable modem service.  GMP may have easements to provide cable modem service, but must pay for easements.  Norris said the ordinance addresses interconnection between the two companies.  Other cable companies may overbuild the same areas.  Forrest added that they are still negotiating with Comcast.  McKay asked if there were any long range plans.  Norris said they will have to connect county organizations and they have 3 ½ years to build to 20 houses per mile of cable.  Kelly said they will bring a broader band with up to 200 channels to the County.  McKay asked what the public gets.  Are there processes for asking for channels or blocking them?  Norris said they are requiring cable companies to survey their customers.  Forrest said we can’t have a full time person to monitor the system.  We are relying on the word of the officers at Gant. Forrest said the issue is how to enforce it.  McKay said strong penalties are always a help.  Dan Raley noted that Jack Witten called him about the cable franchise and he thanked Mr. Witten for the schooling.  Raley asked if was still 5% and was told that’s the statutory maximum.  Does it cover advertising revenue, asked Raley, and was told yes.   Raley said the # 1 complaint from citizens was cable tv.  But that number has declined.  Raley said he thinks Comm Jarboe needed to have cable, because he wouldn’t have opposed Raley if he had it :-)   The Cable Franchise will have to go the public hearing.  </div> <div> The next item as commissioner time.  Comm Raley said they had attended the installation of officers at the Leonardtown Fire Department.  He noted that Mr. Wathen has 50 years of service.  In the consent agenda, there is a letter regarding the pool.  There was some feeling that Comm Raley was opposed to the pool.  The pool project will go forward.  Comm Jarboe said he received an e-mail from Lori Mellot.  We need to address these concerns.  We need to look at this, give a history, see where it is now, and talk about the future.  We should not just have a standard answer.  This is a difficult time.  There just is no affordable housing in St. Mary’s County.  Comm McKay said when you bring of the discussion of Lexington Manor, there has been an announcement of an agreement with Club Properties. We have not received a signed agreement, said McKay.  McKay said the landscaping is at the library is not completed.  He hates to see projects linger.  He said the BOCC never stopped the pool.  The pool will operate under an enterprise fund.  McKay said we are apparently in a weather cycle like 1994 and could have an ice storm.  We need to put a <B>Patuxent River Boat launch</B> in our agenda.  </div> </td> </tr></table></body>