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BOCC 1/14/03
When I arrived the BOCC was finishing up the County Administrator’s Agenda.
Next came Jon Grimm to discuss Critical Area Commission for Chesapeake and Coastal Bay letter of approval to consider repealing Section 38.2 of Ordinance 90-11, as amended. Grimm asked the BOCC for direction. Did they want to hold another hearing? He could discuss the substance. McKay said the new members need some time to review this, He thinks reviewing the public hearing tapes would be the start. Raley asked if Grimm wanted direction for a hearing date. Grimm said first do you want a hearing and then I’ll set one up. Raley said we have approved a legislative change we hope will be effective. The charter boat fishing requirement, he said, is important. McKay asked if there Raley wanted another hearing. Raley said it should be moved on. McKay said we could review the tapes. The Critical Area Commission has approved our critical area law with a couple of corrections. Mattingly noted that community marinas are restricted from having fuel and said that’s ridiculous. Grimm said he is trying to move it on. Raley asked if we have to do it all or nothing. Grimm said he would ask that question. Raley asked if the new members of the Board want another public hearing. Jarboe said we are talking about an industry that is a heritage for St. Mary’s County. We don’t want charter boat operators to be trying to serve their customers while worrying about whether they will be able to use their docks. McKay asked to have the tapes to the new commissioners this week. Grimm said he would summarize the important Critical Area Commission points and schedule. Elaine Kramer brought a series of budget amendments that would make $540,000 available for capital investment. Raley asked to have the $10,000 for the Ridge transfer station access road left in the budget until it can be determined if it were needed. McKay said they had discussed that extensively yesterday. Raley moved to have every other amendment approved. The vote was unanimous.
Phil Rollins of the Recreation and Parks Department came to discuss Program Open Space and the Three Notch Trail. Program Open Space money is a ½ of 1% transfer tax for setting aside funds for open space. The money goes into the State’s general fund. The County has lost $350,000 in park acquisition funds and $600,000 in agricultural preservation funds. Rollins said it is often used to balance the budget in hard times. He has bought a draft resolution asking the Governor and Legislature to preserve Open Space money and try to restore lost funding. Other jurisdictions, said Rollins, are doing the same thing. Savich said we this County has just begun preserving land, and this hits us hard. It’s an important and flexible resource. Rollins noted that both the Recs and Parks Board and the Ag Preservation Board have supported this action. McKay said we know this is an unusual year and counties are trying to protect themselves. Our state tax dollars are our County tax dollars also. McKay asked to have it taken under advisement. Raley said isn’t this the ½ % tax. Some money goes to general fund and some is earmarked for St. Mary’s County. Some goes toward fixing up parkland we have. Taking into account ag preservation desires of our citizens, our desire to have a Patuxent River Park, needs to fix up our parks. Raley said he doesn’t like having the State messing around with our money. Jarboe noted that we lost money for our preservation. If they can’t give us the money they could trade us the land, the 800,000 acres they bought in the St. Mary’s watershed. We would not only like the money, but we would also like to have the land. McKay said one of the greatest protections we will get is the recognition that the voters of St. Mary’s County supported our new governor. The governor is looking for friends in the legislature. Mattingly said it is important to send a message to Annapolis, the State is sweeping the money from preservation, once they sweep it we can’t get it back. We need to maintain the current levels. People are waiting at the door. You are correct that tax money is tax money, said Mattingly, but someone else might get our money. We should leverage as much as we can for our own jurisdiction. Rollins said he spoke with Mike Nelson and he will come to talk about the 800,000 acre project. The State takes the funds to balance any other shortfalls. Rollins said if the Board needs time, that’s understandable, but keep in mind the legislature is moving. McKay said it is robbing the poor to support the rich. Mattingly made a motion, Raley seconded it. Jarboe said he would like time to review it. DeMent said he wants to hear from the State Representative. McKay said he will vote against it. Raley said he wants to be the Governor’s friend, but the best way to be a friend is to make sure he doesn’t mess with St. Mary’s County money. McKay said you have to recognize the position that the previous Governor left the State in. Rollins said he would reword the letter.
Next came the recommendation for the Three Notch Trail. Coleman Hillman and Lachelle Miller of Leonardtown came to discuss the project. Bob Harper, said Rollins, has pressing work obligations and cannot attend. Rollins said there has been a trail proposal, the BOCC has asked for alternative sections of the trail, the Recs and Parks Board has reconsidered. Without allowing Mr. Hillman to make his presentation, Comm Jarboe made a speech which ended in a motion. He said he does not believe there is a majority of commissioners that supports the Mechanicsville trail and the California section will be delayed for years with easements. He wants a route from route 236 to Route 6 to the farmers market. We can begin by tying two towns. He moved that route we approved. Raley seconded the motion. He asked about a parking lot. Can these moneys be used for that? Rollins said he wasn’t sure, he would have to look into it. Mr. Hillman said Laurel Grove has the parking space. The trail from Laurel Grove to Route 5, he said, only requires work on the trial. Jarboe said we are trying to solve two problems. He thinks this is the ideal situation. Mattingly said he can’t agree with the proposal that’s there. He thinks we should do the Lexington Park end. We should look at some of the funding in other projects, redirect funds from trails planned for other parks. McKay said he would love to start there, but there’s not money. Comm Jarboe’s proposal would allow us to get part of the trail started, McKay continued. He thinks the Board has ruled out Section 6. Raley asked how many residential properties are involved, Jarboe said there are 2 or 3. Raley said he’s not voting for section 5 or 6. He attended the hearing. People there don’t want it. He supports Comm Jarboe’s motion. McKay said this is a railroad right-of-way. It was acquired for that purpose. He has property on the right-of-way and he is not opposed to it. Mattingly said if we look at other projects we could get the money to do perhaps a mile. He thinks we could accommodate the needs of the Amish be simple maintenance. He thinks the trail will get the most use in Lexington Park. It’s an alternative transportation mode. Jarboe said this area is very affordable. There may be money left over to plan the next section. He thinks Lexington Park will give us the most bang for the buck. l DeMent said there are a lot of none’s in the stats. We have to start where we can afford it. The vote was 3-2, McKay, Raley, and Jarboe.
John Savich came next to present the overview of the Department of Economic and Community Development (DECD). The DECD wants a resilient local economy with a diverse economic bas, a diverse tax base, a diverse employment bas, a diverse customer base for individual firms. DECD provides a variety of information, much of it on the web site. St. Mary’s County has maintained about a 2.6% unemployment rate. We had the 2nd highest increase in the State for new jobs. They are high paying tech jobs. But there wasn’t a lot of employment growth for low wage workers. We need to do training. 19% of County jobs are high tech jobs. 67% of jobs are defense related. 77% of the economy is defense related. Average Pax salary is $54,000, overage average is $38,000. The strategy is to support the defense technology and diversify the economy. DECD does business development, tourism, agriculture development, along with the Housing Authority. They have eliminated two positions. Savings were redirected to marketing and other activities. The Patuxent Partnership is maturing and shouldering its own responsibilities. Business development strives to increase jobs and the tax base. Karen Everett is manager. This is not a county that gives incentives to business. The Community Development Corporation manages about $850,000 in small business loans. Tourism seeks to increase the economic impact of tourism. Carolyn Laray is manager. The agriculture development programs seeks to preserve agricultural and land and viable agriculture and seafood sectors. Donna Sasscer is manager. The Housing Authority builds housing opportunities, accessibility and quality. Dennis Nicholson is the Executive Director.
Recent accomplishments include bringing Triton Metals to the former Minitec building, BAE systems consolidated in the former Loews building, the visitor count continues to increase, State funding has increased. We have preserved 7,844 acres of farmland, the California farmers market has relocated to BAE’s new facility, the Charlotte Hall farmer’s market is doing very well, the Housing authority has established a home ownership revolving fund, and Housing Choice vouchers have expanded, Facchina has donated land for the County to build low income housing, etc. Key issues for 2003 include BRAC/EFI, diversification (including light manufacturing), Joint Strike Fighter, visitor information web-based tourism marketing, new crops, marketing, and distribution systems, affordable Housing, Adequate public facilities, home ownership, new Housing Authority cooperation agreement, EDC’s proposed restructuring. The pay-off is more jobs, an expanded tax base, a healthy community. McKay said he feelings are that we need a strong plan for agriculture, a value-added brand. There is never consistency; we can’t seem to get specific and focused. When a business doesn’t pay its own way and government has to come in and pave the way, it's bad. He can see a winery, a packing house for tomatoes. The tobacco market is a good model and it worked. He hopes we will increase tourism. We have to retain businesses as well as bringing in new businesses. The Joint Fight Strike fighter will spend $320,000,000. We have to be concerned about adequate public facilities. He has a question about the voucher program. Do we extend vouchers to people outside our County. Nicholson said there is a preference for people who live and work in this County, but there is a mandate for no boundaries. Raley asked if we had attempted to get bus tours into St. Mary’s County. Carolyn Laray said we are beginning to. We need a receptive operator who puts packages together, and steps on the bus to be a tour guide. That piece is now falling into place. Raley asked if we have a good supply of visitor’s guides. Carolyn said they will update it and are making a quick guide which will be less expensive. Raley said he hopes to have a visitor’s center in the T & E museum. He hopes when the new building is built there will be a visitor’s center in the T & E museum. Carolyn said they have plans for a visitor’s center.
Next came the discussion of the Program for the Jarboe Center. Mr. Middleton said he has respect for our economic development team. He is head of the economic development office in Charles County. Nicholson introduced 7 people who are working on this project. The Jarboe Center was funded by the BOCC (15%) and state and federal funds. Middleton said he represents the Federal Home Loan Bank of Atlanta. One way is to leverage through Community Bank. The interest rate is so low that there is no profit to the bank over the life of the loan. McKay asked about the operating budget for the Jarboe center. There are $11,000 a month in expenses. Revenue comes from the program’s rental. They are breaking even. They have 800 sq ft of space remaining and they hope to rent that space to a health provider. McKay asked if the County is involved in the loan and was told the County has no exposure. The Housing Authority borrowed the money. Comm Raley asked Dennis Nicholson to introduce the member of the Housing Authority Board. McKay said he would like to meet with them during lunch to discuss how to finance the County. Middleton said he loves doing business with the Housing Authority. They broke for lunch.
After Lunch the Ethics Commission came to make a presentation on the St. Mary’s County Ethics Ordinance. David Deadrick and Martha Neal were making the presentation. Deadrick introduced the presentation which has been given to the members of boards, committees and commissions. The central purpose of the ordinance is to prevent conflicts of interest. Gifts, personal benefit or that of another, are all part of the ordinance as is the appearance of a conflict. The Ethics Commission interprets the ordinance, advises people as to its application hears and decides complaints re violations, keeps statements, registrations, reports, complaints, conducts education programs re purpose of the ordinance. A financial disclosure statement is required members of some boards committees, and commissioners. The statement does not gather enough information to determine anyone’s net worth. It does not happen that someone comes off the street to look at your financial disclosure. These statements are available at the Governmental Center. The ordinance contains lists of committees whose members are required to file either a full disclosure or a discretionary disclosure. Disclosure does not indicate any impropriety. It rather tends to protect the filer. The information required, ownership of land or a business interest, is sometimes troublesome to filers. However, the information is needed. Sometimes one can have one’s employment conflict with work for the County. Indebted ness of $1,000 or more must be reported. Is the person receiving a break on the interest rate of a loan? The Commission will answer questions and issue advisory opinions, as well as adjudicate complaints. A complaint is cloaked in confidentiality. Confidentiality protects the innocent. They can negotiate a solution between the complainant and the complainee. We all want our government to be open, honest and fair. Comm McKay said one issue is the area of boards and commissions and it’s hard to get everyone to understand how important these forms are. He would like to have people who serve be called by the commissioner in the district where the person lives if they don’t file disclosures. He wants the board to help. There are disclosures not in for 2000 and 2001, said Dr. Neal. The final thing is to go to court for a cease and desist order. That has never been done. Dr. Neal said the questions come from people trying to put more into the form than is being asked. The education process is helping, she added. McKay said a person was asked to file, but thought it not necessary because the person had already filed for another committee. Comm Mattingly said people who have to file with the State, do they have to file with the local Commission. Neal said sometimes yes, sometimes no. Neal said we won’t require it unless we have to require it. The BOCC will sign letters to encourage people to file. Raley asked what the procedure is for getting an opinion from the Ethics Commission if one serves on a board, committee or commission. Neal said call me. The advice is if there’s a doubt, stay out. It’s better to recuse yourself than to read about it. Neal said she gets phone calls at least every week. Comm Raley suggested it might be good to have a presentation to the Chamber of Commerce. Comm DeMent said if I have to file then Danny Raley should have to file. Mattingly said we’re still trying to get him to file:-). Neal said we send letters. then we send letters signed by the BOCC, then we have to go to court. Neal said the appointment letter now says your appointment is not effective if you don’t file. There were 256 for 2001 and about 6 have not yet filed. Dr. Neal said the BMX group is working with Phil Rollins and selecting a piece of land. Next Bob Lewis came to the table to discuss the proposal to have sludge recorded in the deed. Mr. Lewis brought several examples of how the United States is beginning to reconsider sludge. There are over 144 toxins in sludge and Maryland controls 10. Mr. Lewis said the product being applied is a product that he believes will not be found to meet health and safety requirements in the future. Currently a seller must disclose the application if he/she applied sludge, but there is not requirement for successive owners disclose. Comm Raley said SWAC supports the proposal, Soil Conservation does not support it, the Ag and Seafood Commission does not support it. The Maryland farm bureau letter is somewhat ambiguous. McKay advocates for organic farming. McKay said Dyson says he supports farming but supports this. McKay polled the board. Mattingly said no position. DeMent said no support because of the conflict. Jarboe said no support. Raley said he voted a year ago, but no position this year. McKay said no support. So the proposal was deferred. He hopes the farm community will come forward. to support the issue. Next came commissioner time. Comm Jarboe said he has learned that the County is charging a very high interest rate on late taxes. He wants the information so he can review it and share it with the Board. Raley congratulated the Hollywood Fire Department Auxiliary for its generous contribution to the Fire Department. He also congratulated the 7th District Fire Department. ST. Mary’s farmers have received 38% of the tobacco buyout-as much as Charles and Calvert Counties combined. Comm DeMent attended the ribbon cutting at a building in Leonardtown. The Hollywood and 7th District dinners, but couldn’t get to the Salt and Pepper dinner. The home of the Cusick family burned. The Red Cross is assisting them if anyone wants to help they can send help to the Red Cross. Comm McKay said he had a notice in the flood of paperwork that channel 14 is being moved. His daughter told him the Disney channel is gone. They found it on channel 48. Telefutura is a Spanish Speaking program. One requirement of the Bridge to Excellence program must be submitted to the BOCC by August. The Maryland State Department of Education is holding regional meetings. Our meeting is in May. There is also a No Child Left Behind requirement. McKay said some issues get tough. The Mental Health Authority of St. Mary’s sent 101 ways to cope with stress. One way is to say no more often. It’s like a mother who feeds a family of 6. Her husband loses his job and money is tight. She can no longer bring two pieces to the table for each person and if anyone takes 2, someone else won’t get any. They went into executive session for personnel.
The forum began at 6:35 PM. Comm Jarboe moved that staff proceed on personnel actions as directed in executive session. People were appointed to the AIDS task force and the Community Health Advisory Force. A number of other appointments were made. Kevin (?) was reappointed to the metropolitan commission. Comm McKay announced he intends to hold a public forum on the second Tuesday of every month. Comments should be limited to three minutes. Clare Whitbeck commented that the Lexington Manor agreement has not been signed because the process has not been completed. Comm McKay said this Board has not held up the agreement. Christie McDonald came talk about the problem with the grading around her house. She has had 5 floods, She has mold all over her house. Repairs will cost $8,200. So far he has done nothing to help her. Curley put hydraulic cement over mud to repair cracks. She wants the BOCC to help her. She wants the County to pay for repairs and bill Guy Curley. She doesn’t understand why Guyther and Adam Knight. Ms Davis also lives in a Guy Curley home. Liberty Homes was rated outstanding by the VA. While she was on travel the side of her basement had caved in because they backfilled before the concrete set. She’s had her backyard dug up 4 times. Her basement has had more than 4 floods. There were 4 violations. The house was $170,000. She hired an attorney. The attorney sent her money back later and refused to represent her. Her whole yard has sunk. She would like some help. Comm McKay said he is concerned as to how that could have taken place. We need to talk to our County Attorney about this. Ms. Davis said there are many more people who have problems, but they won’t come forward. Minnie Russell asked when the tower at Dameron is going to be fully operational. Raley said it works to emergency communications. The tower is owned by a private company which can lease the tower to other companies. Raley said the project is basically finished. There are two companies that don’t have radios in their vehicles yet but all the companies have radios in their buildings. Ms. Russell said she is concerned about charter boats. Comm McKay said they have asked the State to come and meet with them. Ms. Russell asked why they pick on charter boats, why not pick on crab boats. She said her son is a charter boat operator and has a new boat he wants to get certified for 38 passengers. Barbara Thomson said she can’t resist. There’s a new regime in the Critical Area Commission as well as in the Department of the Environment and the Department of Natural Resources. She thanked them for reestablishing the Forum. She thinks it’s a very important service. She was talking with Jason Babcock about the past ten years. In 1994 and 1998 she talked about a strategic plan. She asked them to take a Saturday or two as a board and plan for the future. Set goals. You have experience on the Board. You need to step away from the Tuesday duties. You need to think about the future. Tom Mattingly said he found a 1978 newspaper with articles about AICUZ, a plan to purchase the Flattops, the Sheriff’s office, and sludge. Comm McKay said he thinks they can get to the dream. Christie McDonald said what you need to look at is not whether I’m having a problem and Liz Davis is but do you want the new people to have the same problems with code enforcement and the people who do the enforcement. There’s a problem here and it isn’t just the builder. She’s seen the permit. She doesn’t understand why this builder isn’t responsible for it. Why can he build whatever he wants to and the homeowners get to pick up the pieces. Jarboe said in any reputable business, the owner would make repairs or replace the product. You are suffering. We need to look at this and find the boundaries of our authority. This goes beyond consumer advocacy. We need to find a process and make it work. Minnie says this keeps coming up about contractors and how they’re not fulfilling their contracts. There has been numbers of them. Isn’t there some kind of true inspector that knows what he’s doing? He thinks County employees want to do the right thing. It’s our obligation to see that they still want to. Adam Knight sent a certified letter of everything that’s wrong. He didn’t have the power to make it go all the way.
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