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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.
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County Administrator
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County Attorney
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County Clerk