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HomeMy WebLinkAbout081119 November 19, 2008 Hagerstown, Maryland A special meeting of the Board of County Commissioners of Washington County, Maryland was called to order at 8:10 a.m. by President John F. Barr with the following members present: Commissioners Kristin B. Aleshire, James F. Kercheval, and William J. Wivell. MEETING WITH WASHINGTON COUNTY DELEGATION – LEGISLATIVE ISSUES The Commissioners met with members of the County Delegation to discuss proposed legislative requests for 2009. In attendance were Senator George Edwards and Delegates LeRoy Myers, Andrew Serafini, and Christopher Shank. Rachel Severance, representing Senator Donald Munson, and Joanne Evans, representing Delegate John Donoghue, were also present at the meeting. The Commissioners outlined their legislative proposals for the upcoming 2009 legislative session and discussed each item with the Delegation. Kirk C. Downey, Assistant County Attorney, reviewed the items included in the request: 1)Mental Health Advisory Committee – Amendment to Health General, Section 103-08 to allow the County Commissioners to designate the Mental Health Authority, Inc. as the core service agency for Washington County, as the mental health advisory committee. Dan Dwyer, Chair of the Mental Health Advisory Council, stated that the Committee is in favor of the request. Commissioner Kercheval indicated that Anne Arundel County currently has this authority. 2)Clerk of the Circuit Court – Revision to Courts & Judicial Proceedings, Section 2-213 to add Washington County to the list of jurisdictions where the Clerk may retain a lesser percentage of monies collected and paid over in certain circumstances. 3)Sheriff’s Office – Revision to Courts & Judicial Proceedings, Section 2-309(w), regarding the Sheriff’s salary and authority, particularly regarding special deputy sheriffs. Mr. Downey explained that the Sheriff’s salary is set by statute while his subordinates are compensated pursuant to the County’s salary schedule, resulting in some employees receiving a greater salary than the Sheriff. He stated that in certain law enforcement situations where joint operations are undertaken, this proposal would clarify the authority of the Sheriff to “deputize” the individuals from other agencies. Sheriff Mullendore spoke in favor of the request. Delegate Shank stated that the two items would best be handled as separate bills. 4)Regulation of Electrical Services – Mr. Downey stated that legislative authority was received last year to allow the Washington County Electrical Board to create a two-tier mechanism for the regulation of electrical services and amend Title 8 of the Code of Local Public Laws. He stated that certain deficiencies in Title 8 were overlooked in the legislation and this proposal seeks to cure these limitations and provide the County to enact Rules and Regulations which are consistent with State law and the Electrical Board’s intentions. 5)Public Works – Revision to Title 7 – Roads of the Code of Public Local Laws. Update the Code of Public Local Laws to reflect the current organization and practices of the Division of Public Works (resubmitted from last session.) 6)Public Works – Prohibition of parking of Class G trailers, alone or in combination, on county roads in residential subdivisions under certain circumstances. Mr. Downey outlined the problems this causes in residential subdivisions as the pavement is not designed to withstand the continuous loading of these vehicle types and repairs are costly. The parking of these trucks on residential streets often blocks the travel portion of the roadway and can be hazardous as it reduces sight distance. Joe Kroboth, Director of Public Works, informed the Delegation that staff has met with representatives from the Maryland Motor Truck Association about this proposal. The group also discussed the various issues with truck parking at the Pilot Truck Stop. NOVEMBER 19, 2008 PAGE TWO 7)Salary Study Commission – Adjustment to various salaries set by statute. Mr. Downey stated that the Commissioners have requested that the process be revised and the Salary Study Commission’s report be presented directly to the Delegation. Commissioner Aleshire indicated that the Commission should undertake a comparative analysis to include scope of responsibilities and economic indicators in their review. Senator Edwards suggested that the statute be changed to have the Salary Study Commission’s recommendation made solely to the County Commissioners as it is in Allegany and Garrett Counties. Delegate Shank stated that existing State statute requires that a recommendation be made by the Commissioners. He noted that the Delegation will discuss changing the process; however, there is a “live” recommendation from the Commission before them and they will need some direction from the County Commissioners regarding it. Commissioner Kercheval suggesting having an elected group of citizens that would be charged with making salary recommendations. Mr. Downey indicated that there may be constitutional and legal issues associated with Commissioner Kercheval’s proposal. Delegate Shank asked for information regarding which positions under the purview of the Salary Study Commission are funded by the State and which ones are funded by the County. He stated that the Commissioners may want to divide the process between the two categories. The Commissioners agreed to further consider the process and make a recommendation to the Delegation. Commissioner Barr stated that individuals living in continuing care retirement communities have requested that the Commissioners seek legislation to allow them to be eligible for the Homestead Property Tax Credit in Washington County. Delegate Shank stated that the individuals have lifetime residency in the properties but they are owned by the corporation and are taxed on a commercial rather than residential basis. He indicated that it is not a rental agreement. The corporation pays the property tax and then assesses the fees to the individuals living in the cottages. Residents are asking for something similar to the Homestead Property Tax Credit for the continuing care cottages. The group discussed the request. Todd Hershey, County Treasurer, indicated that he feels this is a State issue since the properties are assessed by the State and the State administers the Homestead Property Tax Credit. The meeting was adjourned at 10:15 a.m. ____________________________ County Administrator ____________________________ County Attorney ________________________ County Clerk