THE AWARDS ISSUE MAY/JUNE 2013 LEGISLATIVE SESSION REVIEW SYKESVILLE GHOSTS & LEGENDS TOURS FREDERICK HISTORY LOOP BICYCLE TOURS

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1 THE AWARDS ISSUE Lifetime Achievement Distinguished Service Legislator & Municipal Achievement MAY/JUNE 2013 LEGISLATIVE SESSION REVIEW SYKESVILLE GHOSTS & LEGENDS TOURS FREDERICK HISTORY LOOP BICYCLE TOURS The Maryland Municipal League REPRESENTING MARYLAND'S CITIES AND TOWNS

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3 CONTENTS MAY/JUNE 2013 MML Achievement Award: Sykesville Ghosts and Legends Tours 4 MML Achievement Award: Frederick History Loop Bicycle Tour 5 MML Lifetime Achievement Award: Floyd S. Pete Elliott Legislative Session Review: Have We Finally Turned the Economic Corner in Maryland? MML Distinguished Service Award Legislator Awards 15 Convention Schedule (updated) 17 A Note on Mutual Aid Agreements: From MML s Hometown Emergency Preparedness Advisory Committee (HEPAC) 18 Great Idea & Property Tax Chart 19 Committee Volunteer Form 21 Upcoming Events and Meetings ON THE COVER For the first time in several years, the Governor included a one-time infusion of funds in the Fiscal Year 2014 State budget to help offset recent huge losses in municipal Highway User Revenues. These additional transportation monies will help jump-start many stalled municipal road construction projects across the State. Please read the article 2013 Legislative Session Review on pages 7 13 to learn more about the additional HUR monies and other issues impacting municipalities. Vol. 43 No. 9 May/June 2013 Municipal Maryland THE OFFICIAL PUBLICATION of MARYLAND MUNICIPAL LEAGUE Scott A. Hancock Publisher Karen A. Bohlen Editor-in-Chief Paula Chase Hyman Contributing Editor Thomas C. Reynolds Contributing Editor Sharon P. Easton Circulation Municipal Maryland (USPS ), a publication for and about Maryland's cities and towns, is published nine times a year (monthly November through April and combined May/June, July/August and September/October issues) by the Maryland Municipal League, 1212 West Street, Annapolis, Maryland The Maryland Municipal League is a non-profit, non-partisan association of Maryland's cities and towns. Information in Municipal Maryland does not necessarily reflect the views or policies of the Maryland Municipal League. Postmaster: Send address changes to Municipal Maryland, 1212 West Street, Annapolis, Maryland Second-class postage paid at Annapolis, Maryland For advertising rates contact: Whitfield Whylie, Allegra Print & Imaging, 103 Gibralter Avenue, Annapolis, MD Telephone: , Fax: , whitfield@annapolisallegra.com Subscription rate: $40/year Telephone: Toll-Free: Fax: Web: mml@mdmunicipal.org Municipal Maryland May/June

4 MML ACHIEVEMENT AWARD Creating a Tourism Niche Medium Town Winner (3,000 10,000 population): Sykesville SYKESVILLE & GHOSTS By Ivy Wells Director of Economic Development/ Main Street Manager, Sykesville Whether you re a believer or a non-believer, there s no denying the allure of a good ghost story. Sykesville has its share of ghost stories, that s for sure, yet no one really knew about them until now. Stories would circulate about the ghost of Millard Cooper haunting the Sykesville Town House [town hall], the ghosts of Civil War soldiers, and even the legend of Big Foot that brought federal agents to town to decipher the alleged sightings. Back in 2009 the recession was in full swing and downtown shops were hurting. We were still struggling with the Route 32 bypass that left our Main Street abandoned. Not many people knew that Sykesville existed. What could we do to bring tourism back to our town and bring awareness to our commercial district? The ghost of Millard Cooper seemed to answer this question. One day in 2008, Captain Mike Blair of our auxiliary police department had, shall we say, a scare up in the Town House attic. I looked into the story and starting asking questions about similar haunting experiences. I interviewed town staff past and present, shop and property owners, and discovered that starting a Ghosts & Legends Tour was exactly what this small town needed. Not only did it highlight Sykesville s history, but it also brought in tourists who had never visited, and we hoped that they would come back and shop in the future. 4 May/June 2013 Municipal Maryland LEGENDS Tours On a cloudless night, this ecoplasm was visible at the Sykesville Town House. I reached out to Ellicott City, Harpers Ferry and Gettysburg to research and learn how to create a successful tour. We wanted to see if this idea was going to work and decided to have the tours during October to coincide with Halloween. Tours were offered several nights per week at $10 per adult and $8 for children and seniors. Posters were made, press releases were sent out, social media was updated and word of mouth started to spread. All of our ghost tours sold out within a few weeks and people were still trying to sign up. We had 40 people on each tour. We made over $3,000 that first year and have continued this success each year since then. Tour participants come from all over Maryland, and also from neighboring states. We gave a coupon to each attendee to use at local restaurants and shops and tracked their usage. The ghost tours began to put Sykesville back on the map. People had heard rumors of the Big Foot sightings, and the ghosts of Baldwin s Station and the Town House now was their chance to hear all of the stories. People who didn t attend the ghost tours told shop owners they came to Sykesville just to see where these stories took place. What s innovative about our Ghosts & Legends Tours is that most of the stories have taken place within the last 30 years. Some of the stories are even told by the people who experienced them. Tours include Sykesville s historic jail, which is now a residence right off Main Street. An added bonus is we had actual ghost hunters experiment with their equipment in our Town House attic and one of the tour stories details what happened that night. Here s why this works. There is no cost involved because volunteers help run the tours. The additional income helps Sykesville subsidize other events that also bring people to town. Each year our ghost tours help pay for the Sykesville Art & Wine Festival which is another event that draws people to our town. The success of the Sykesville Ghosts & Legends Tours caught the attention of the organizers of the National Trust for Historic Preservation s National Main Street Conference, where Ivy Wells gave a presentation in April entitled How to Start Your Very Own Ghost Tour. v

5 MML ACHIEVEMENT AWARD Creating a Tourism Niche Large City Winner (10,000+ population): Frederick WHY WAS THE PROGRAM NEEDED? In working toward the League of American Bicyclists criteria for being designated a Bicycle Friendly Community, our Mayor s Ad Hoc Committee on Bicycle Friendliness wanted a promotional item that was low in cost, met League criteria, would identify us in a recognizable manner, and help achieve a positive designation. HOW IS THE PROGRAM SET UP? A local resident, along with the Tourism Council of Frederick County (TCFC), the Historical Society of Frederick County, Inc., and the Ad Hoc Committee, selected the sites, drafted the text, took photographs, laid out the map order, completed all of the graphic artwork and the program. Tour guides were trained, inaugural rides were made with local elected officials and bicycle advocate groups, and we alerted the media for coverage. Members of local cycling interest groups, including the Frederick Pedalers Bicycle Club and the Frederick Bicycle Coalition, also participated in the local rides. WHAT DOES IT COST? The total printing costs to date for the program are less than $3,000. All other costs incurred were voluntary. The funds came from the TCFC Tourism Reinvestment in Promotion & Product (TRIPP) Program, with a small local match from the City Planning Department s printing budget. The free brochures are placed in many different locations throughout the State. WHO BENEFITS? Each of the 22 sites listed on the tour benefit from a new level of exposure by bicycle riders. The concept of Bicycle Tourism is growing significantly across the county and will benefit the City of Frederick and our local businesses. In part, the reason that the TRIPP grant funding was awarded to the City was that this program increases the number of persons staying overnight in Frederick County. Obviously staying overnight translates into more business for the entire hospitality industry, not only in the City, but the County as well. IS THE PROGRAM INNOVATIVE? To our knowledge, there is not another program like this in the country. The unique aspect of this program is the audience and context of the program. People have learned that this tour can be done either on a bicycle or on foot. This By Tim Davis Transportation Planner, Frederick is sustainable tourism; no automobile emissions and no traffic congestion are generated by this tourist activity. This program has a significant potential for spin-off businesses; for example, someone picks up the History Loop brochure, then inquires about bicycle rental, takes the loop on the rental bicycle, and then eats dinner downtown. CAN YOU DEMONSTRATE TANGIBLE RESULTS? The quantifiable and tangible results are the number of brochures given out and the ridership estimates from group rides. We have delivered 5,000 brochures to TCFC, all City buildings, the Neighborhood Advisory Councils, Maryland State Welcome Centers, and at many local and state events such as Frederick Day in Annapolis. The riderships organized by volunteers since the inception of this program are estimated at 500. We cannot estimate the ridership of people that have picked up the brochure and taken the Loop Tour by themselves. City staff can document that people as far away as Seattle have seen the brochure and inquired about the Loop and the possibility of bike sharing or bike rental. CAN OTHER MUNICIPALITIES IMPLEMENT A SIMILAR PROGRAM? Our model is pretty simple. A community needs to select sites, then do the mapping, write the text, take photos, prepare a graphic design, and print the brochure. A similar program does not have to be limited solely to historic sites, nor does it have to be only for bicycling. We believe this effort translates well into walking tours, or could be set up for Segway tours. By estabilishing a Segway tour, a new rental business could be created. We are considering expanding the concept of Bicycle Tourism to Civil War sites, graveyards, covered bridges, and the C & O Canal. Recreational rides to the watershed via several of the other sites are another example of how this type of tourism can be expanded. The bounds of this idea are limitless! v Municipal Maryland May/June

6 MML LIFETIME ACHIEVEMENT AWARD Floyd S. Pete Elliott Floyd S. Pete Elliott, a former Cumberland city council member, will receive the Maryland Municipal League s Lifetime Achievement Award on June 25, 2013 during MML s annual convention in Ocean City. This award honors a current or former elected or appointed official who has demonstrated outstanding service to Maryland municipal government. Councilman Elliott served as Cumberland s primary MML representative and was a member of MML s Board of Directors for his entire 20 years in elected office. The League s membership elected Councilman Elliott as MML s President in He also served on MML s Legislative Committee from He was inducted into the Maryland Municipal Officials Hall of Fame in 2010 for his 20 years of elected service as a municipal official. Retired from Columbia Gas, Pete has lived in his current Cumberland residence for the last 65+ years. He has made an indelible mark on his neighborhood through his efforts to clean up and revitalize the area. Pete was a founding member of Cumberland Neighborhood Housing Services, Inc., a nonprofit agency in the City of Cumberland, with a mission of renewing pride, restoring confidence, and promoting reinvestment in neighborhoods. The organization was founded under Pete s hand in 1982 and continues to be a strong neighborhood partner more than 30 years later, providing home loans, courses on home ownership and basic home repairs, providing grants for property maintenance, and removing blight and renovating properties within city neighborhoods. During his tenure in elected office, Councilman Elliott was the driving force between building relationships between non-profit agencies and the city government. He was a constant force for revitalization efforts and encouraged the creation of the City s Neighborhood Advisory Commission. 6 May/June 2013 Municipal Maryland His leadership has earned him numerous recognitions, including the national Dorothy Richardson Award, presented to him in 1992, for his work to boost urban renewal efforts. He was also a member of the Maryland Commission on Neighborhoods and a member of the Mid-Atlantic District Council of Neighborhood Reinvestment Corporation. Even while serving as a city council member, Pete regularly volunteered to mow grass in Cumberland and take care of property bordering a major thoroughfare in Cumberland. He mowed, planted flowers, and maintained the viaduct property, the key entranceway into North Cumberland. Pete s military service with the Marines made him a natural fit to serve as liaison between local government and veterans groups. He has been an active member of the American Legion and the VFW, for which Cumberland boasts the largest active VFW roster of any VFW in the nation. Pete Elliott is a mentor, a civil servant, a neighborhood leader, an exceptional individual, and an impressive public servant, very much deserving of recognition for a lifetime of achievement for the people of Cumberland and the people of Maryland. At 87 years of age, Pete continues to be involved as a community leader, serving as the Chairman of the Board of Directors of Cumberland Neighborhood Housing Services. He also serves as an advisor to the North End Neighborhood Crime Watch. In his nomination of Councilman Elliott for this award, Cumberland Mayor Brian Grim wrote: I consider Pete to be a mentor, both during the time that I served with him on the City Council, and ultimately when I became Mayor. Pete s wealth of knowledge and experience have made him a great resource for the City, even since he retired from public office. I reflect on the first time that I attended MML s summer convention as a councilman, taken under Pete s wing, and introduced to some of the hundreds of contacts that Pete had made over a lifetime of service. We could hardly walk down a hallway or enter a room without an eternity of how do you do s and handshakes. Pete is recognized, seemingly, by everybody. And in Cumberland, he s enjoyed by everybody as well! Pete Elliott is a mentor, a civil servant, a neighborhood leader, an exceptional individual, and an impressive public servant, very much deserving of recognition for a lifetime of achievement for the people of Cumberland and the people of Maryland. It is a true honor to nominate Floyd Pete Elliott for this very deserving award, Mayor Grim added. v

7 2013 LEGISLATIVE SESSION REVIEW Have We Finally Turned the Economic Corner in Maryland? Municipalities See Significant Infusion in Transportation Monies By Candace L. Donoho, Director, Governmental Relations LEAGUE PRIORITIES FARE WELL All in all, 2013 was a very successful legislative session for Maryland s municipalities. The session began with the unveiling of the FY 2014 budget where, for the first time in several years, the Governor included a onetime infusion of surplus state funds to be distributed through the municipal Highway User Revenue formula (HUR) to help offset huge losses in municipal transportation funding suffered over the past four years. Despite two serious attempts to divert portions of the $15.4 million earmarked by Governor O Malley specifically for municipalities from the income tax reserve fund, the money remained intact in both the House and the Senate and was included in the FY 2014 State budget as adopted by the General Assembly. The $15.4 million, added to the HUR funding anticipated through the standard formula (gas tax/vehicle registration receipts and road miles), will result in municipalities receiving approximately $23 million in next year s budget, up from an all time low in municipal HUR funding of $1.6 million just three years ago. In addition, Police Aid was fully funded in the FY 2014 budget, ending several years of funding reductions in this area as well. Legislation to implement MML s second priority to allow municipalities to post legal notices online did not pass this session. The House Environmental Matters Committee did however consider several amendments to the bill during the legislative session and subsequently decided rather than voting on the bill, to instead establish a work group to discuss changes to the bill over the interim. v GAS TAX INCREASE FINALLY PASSES GENERAL ASSEMBLY After several unsuccessful attempts in recent years to raise Maryland s gas tax, legislation was passed (HB 1515) in both the House and Senate in the final weeks of the legislative session to raise the gas tax and index future increases to inflation. During debate in both chambers, MML and the Maryland Association of Counties (MACo) requested amendments to reinstate local government HUR finding to FY 2014 levels and to index the gas tax revenues that feed into the Gasoline and Motor Vehicle Revenue Account so that these monies would also increase along with the other taxes in the bill. MML and MACo also requested an amendment to stipulate that the workgroup established under HB 1515 also look at county and municipal Highway User Revenues as part of its charge over the interim. Because the bill passed both the House and Senate with only a few votes to spare, legislative leadership was reluctant to make changes to the bill when it was being debated on the House and Senate floor. As a result, although neither the indexing nor the workgroup amendments were adopted, MML and MACo have been assured by the Governor that he intends to instruct the members of the task force to review future local government transportation funding formulas and to look at the possibility of indexing local transportation monies as part of their charge. v Municipal Maryland May/June

8 LAND USE INITIATIVES LARGELY SUCCESSFUL Legislation supported by MML and MACo to change the comprehensive master plan amendment cycle from six years to ten years was successful this session. SB 671/HB 409 will coordinate master plan updates with the release of U. S. decennial census data. The bill requires the Maryland Department of Planning (MDP) and local governments to develop a transition schedule to accommodate the change in the cycle. The bill also requires local jurisdictions to include an update on their implementation strategies for the comprehensive master plan at least once within the five-year period after the adoption or review of the local comprehensive plan. In addition, if a local jurisdiction is required to adopt growth tiers and has not yet incorporated the growth tiers under the Sustainable Growth and Agricultural Preservation Act of 2012 into the jurisdiction s comprehensive plan, it must do so at the time the jurisdiction is scheduled to conduct its six-year comprehensive plan review. MML also worked with House and Senate environmental committees to amend a bill that was introduced originally to prohibit an elected official from serving on both a governing body of a local jurisdiction and as an ex-officio member of a planning commission. Amendments were successfully added to HB 1257 to permit a dual role for a local official but to also prohibit that same local official from voting on an issue if a conflict of interest is identified. Stormwater legislation did not fare as well this session. Legislation originally introduced to allow a local jurisdiction that imposes a stormwater fee to levy its fee on state-owned properties passed out of the House with a provision that would only allow those jurisdictions considered Phase I stormwater permittees to levy the fee. Since all municipalities subject to a federal stormwater permit are considered Phase II jurisdictions, this amendment basically eliminated cities and towns that currently impose a stormwater fee from benefitting from the legislation. When the bill was considered by the Senate, it was further amended to cap the fee for non-profit entities and turned the remainder of the bill into a study. Because the bill was so badly flawed at this point, it never came up for consideration on the Senate floor on the last day of the session. v 8 May/June 2013 Municipal Maryland

9 SPEED CAMERA LEGISLATION RUNS OUT OF TIME Despite significant efforts by proponents of the speed camera bill, speed camera legislation ultimately ran out of time in the Senate at midnight on Sine Die. The legislation was originally introduced to abolish the bounty contract system, i.e. a contract with payment based on a validated citation basis. However, over the course of the 90-day legislative session, the bill was amended to include provisions to address the definition of a school zone, a requirement Review existing speed camera contracts to be sure you can amend or terminate the contract without penalty if state law changes. to train an individual in each jurisdiction on implementation of a speed camera program, a requirement to appoint a program administrator/ ombudsman with the authority to void erroneous citations, a requirement to implement a 15-day warning period for all mobile cameras moved to a new location, and a requirement that all existing contracts, upon expiration, transition to a flat fee or tiered fee contract. Because this was such a volatile issue during the 2013 legislative session, it is likely we will see legislation again next session to address the speed camera contract issue in particular. Therefore, it is recommended that between now and next session, local governments review existing speed camera contracts to be sure language is included to allow a local government to amend or terminate an existing vendor contact with no penalties should state law change in the future necessitating a change to a either a flat fee or a tiered fee contract in the future. In addition, local jurisdictions are urged to review current speed camera practices to ensure that all cameras are located in a school zone within a half mile of a K-12 school where children are walking or biking to school or where school children are being dropped off or picked up from school. All camera locations must be advertised prior to deployment and cameras are required to be calibrated on a daily basis. All citations must be reviewed and approved by a sworn officer, and although not required under current law, it is advisable that each jurisdiction designate a spokesperson to respond to speed camera program concerns and questions. You can view the speed camera legislation that was poised for passage on the final day of session, at gov/2013rs/bills/hb/hb0929t.pdf. v IS THE TRANSPORTATION TRUST FUND BOX REALLY LOCKED? Despite legislation failing year after year to provide a lock box on transportation monies, SB 826 finally passed on the final day of the legislative session. This bill amends the Maryland Constitution to protect the Transportation Trust Fund (TTF) and establish rules for its operation and funding. The bill places constitutional restrictions on transfers from TTF and the use of TTF monies. The bill creates exceptions to the prohibition on TTF transfers but only if the Governor, by executive order, declares that a fiscal emergency exists and the General Assembly approves legislation, by a three-fifths vote of both houses, concurring with the use of the funds. The bill calls for the amendment to be submitted for a statewide vote at the next general election in November v Municipal Maryland May/June

10 IT S ALL ABOUT THE TREES The Maryland Department of Natural Resources (DNR) introduced legislation this session (HB 706) that addressed no net loss of forestry. Because municipalities are densely populated and urban by nature, the requirement that a certain amount of forestation must be replaced when development requiring the removal of trees occurs, compliance has traditionally been a challenge. MML supported the legislation because it included several provisions that are of benefit to urban areas. The bill that passed now requires the Maryland Department of Planning to provide local jurisdictions with guidelines, recommendations, and technical assistance on policies and standards to protect forest land and urban tree canopy from adverse effects. The bill also expands the authorized uses of a local government reforestation fund to allow the fund to be used in response to forest health emergencies by maintaining the health and vitality of forest land and urban tree canopy and preventing or controlling significant forest land and urban tree canopy degradation caused by acts of nature. The legislation further exempts from the Forest Conservation Act (FCA) specified stream restoration projects and maintenance or retrofitting of stormwater management structures, where a stream restoration project means an activity that is designed to stabilize stream banks or enhance stream functions or habitat located within an existing stream, waterway or floodplain. The bill also authorizes a local forest conservation program under the FCA to waive the requirements of the Act for previously developed areas covered by impervious surface and located in priority funding areas and requires DNR to convene a stakeholder group of representatives from local government, agriculture, forestry, development, conservation, and other interested parties to review the inventory and make recommendations in accordance with the State s forest management policy, including the achievement of no net loss of forest. Also on the topic of trees, legislation was introduced (HB 587) by electrical utilities to prohibit a county or municipality from passing a vegetation management, i.e. tree trimming, ordinance that would hinder their ability to comply with state and federal reliability standards. Legislation passed in 2012 required the Public Service Commission to promulgate regulations that now mandate that an electric utility develop a vegetation management plan and submit such a plan to a person designated within each local government at least 60 days prior to beginning a tree trimming project within a municipality or county. When the legislation was first introduced, MML requested an amendment in the House that would have provided municipalities and counties with the authority to issue a stop work order if a utility did not file a plan 60 days in advance and/or did not follow the plan submitted to a local jurisdiction. Unfortunately, because the regulations were just put into place only a few months ago, the House Economic Matters Committee did not support MML s amendment. However, the Committee did suggest that municipal and county officials document violations of tree trimming regulations if such situations do occur during the upcoming year and if appropriate, introduce legislation in 2014 to provide additional authority for local jurisdictions to better manage utility tree trimming activities. v 10 May/June 2013 Municipal Maryland

11 OPEN MEETINGS BILLS ACHIEVE SUCCESS Two bills passed this session that will make changes to current open meetings regulations. HB 139 will require that a local government designate at least one elected or appointed official to receive training on the requirements of the open meetings law and forward the name of the designated individual to the State Open Meetings Law Compliance Board. Within 90 days after designation (or, for initial designees, within six months after the bill s effective date), a designated Local government must designate at least one elected or appointed official to receive training on the State Open Meetings Law. individual must either complete an online class on the requirements of the open meetings law offered by the Office of the Attorney General and the University of Maryland s Institute for Governmental Service and Research ( VLC/OMA/class_oma_intro1.php) or take a class on the requirements of the open meetings law offered by MACo or MML through the Academy for Excellence in Local Governance. MML is working with the Open Meetings Compliance Board to determine how local officials who have already taken an Open Meetings course through MML or MACo will be handled as far as possibly grandfathering in these individuals. Additionally, HB 331, which passed during the final hours of the legislative session, specifies that if the State Open Meetings Compliance Board determines that a violation of the Maryland Open Meetings Act has occurred, a member of the public body must, at the public body s next open meeting after the board has issued its opinion, announce the violation and orally summarize the opinion and a majority of the public body s members must sign and return to the Board a copy of the opinion. The public body may not designate its counsel or another representative to provide the announcement and summary. In addition, the bill increases the civil penalty for meeting in violation of the Act from up to $100 to up to $250 for the first violation and up to $1,000 for each subsequent violation occurring within three years after the first violation. When determining the amount of a fine, the court must consider the financial resources of the public body. v MIXED BAG FOR ETHICS LEGISLATION Despite the fact that MML worked with members of an ethics workgroup throughout most of the legislative session to craft a bill to address the breadth of municipal financial disclosure requirements under current law, legislation that would have provided members of the Ethics Commission more flexibility when considering municipal financial disclosure exemptions for smaller municipalities did not pass. An amendment proposed on HB 1397 would have provided Ethics Commission members with more flexibility when considering financial disclosure exemptions for municipalities with a population of less than 3,000 residents. Unfortunately, although the amendment was adopted in the Senate, the legislation ran out of time when it came back to the House for concurrence close to midnight on the final day of the session and did not pass. On a more positive note, HB 362 did pass on the final day of the session. This bill excludes from the definition of disclosable interest under the Maryland Public Ethics Law a mutual fund that is publicly traded on a national scale unless the mutual fund is composed primarily of holdings of stocks and interests in a specific sector or area that is regulated by the individual s governmental unit. v Municipal Maryland May/June

12 RECYCLING ISSUES WILL BE BACK! Based on overwhelming input from municipalities currently providing successful recycling programs for their residents, MML s Legislative Committee voted to oppose legislation that would have required Maryland to adopt and implement a statewide beverage redemption program. The League indicated in testimony on HB 1085/SB 641 that eliminating beverage containers from the recycling stream would negatively impact the funding used to sustain such programs. In addition, the bill required counties to establish redemption centers throughout the State to enable residents to collect a nickel per container. As a result of significant opposition not only from local governments, but other stakeholders as well, the legislation did not move out of either House or Senate committee. In addition to beverage redemption legislation, legislation was also introduced that would have authorized counties to implement a fee on plastic bags. HB 1086/SB 576 left the amount of the fee up to a local jurisdiction to establish, but required that the monies be spent on local environmental projects and activities. Although the League did not originally take a position on the legislation, when an amendment was introduced to eliminate the stipulated uses of the monies, MML protested stating that if a county is not required to use the funds specifically for environmental projects, it would be unlikely that a municipality would see any of the funding used on projects located within their city or town. Although both the beverage redemption bill and the plastic bag fee bill were voted unfavorably, MML and other stakeholders have been put on notice that a work group will be formed over the interim to study and make recommendations on the implementation of both of these initiatives in Maryland in the very near future. v CASUALTIES OF THE SESSION As with every legislative session, there are bills introduced that are harmful to municipalities. Among the many bills reviewed by the Legislative Committee this session, the Committee voted to oppose HB 820/SB 893 which would have significantly restricted the ability of a municipality to set a different property tax rate for a specified classification of property. Although both bills had hearings, MML was able to convince legislators that the legislation was introduced to address a local issue and was therefore unnecessary. As a result, the bills were left to languish in both committees. Another piece of legislation that would have required the payment of prevailing wage if 25% of the monies used to fund a project came from State funds was further amended in the House to require payment of prevailing wage if any State funding was dedicated to the project. MML and MACo joined in opposition to the legislation and the bill was instead amended to form a task force to specifically study the relationship between prevailing wage and school construction projects. Another bill harmful to municipalities (HB 1193) would have repealed exemptions from regulation under the lobbying provisions of the Maryland Public Ethics Law for appearances as part of the official duties of a State or local government employee or an officer, director, member, or employee of an association engaged exclusively in representing counties or municipal corporations. Following a hearing, the bill never moved out of its committee of origin. Finally, legislation that would have prohibited the use of Program Open Space funds for the construction of artificial turf fields never moved out of committee. At the hearings on SB 877 and HB 896, members of the county and municipal recreation and parks associations testified in opposition of the bill and neither bill moved out of committee. v 12 May/June 2013 Municipal Maryland

13 REPRIEVE ON LOCAL INCOME TAX REPAYMENT REQUIREMENT On January 28, 2013, the Maryland Court of Appeals ruled that Maryland s failure to provide local income tax credits for certain taxpayers that paid income taxes in other states violated the Commerce Clause of the U. S. Constitution. As a result of this ruling, counties and municipalities will be responsible for repayment of three years of income taxes that were wrongly paid prior to this court ruling. While estimates are difficult to make, it is likely that municipal governments will be liable for about $1.6 million of the $101.5 million in refunds due for income tax overpayments for tax years 2009, 2010 and To address this issue, the Maryland General Assembly, in approving its Budget Reconciliation and Financing Act for Fiscal Year 2014 (HB 102), added language that states that income tax repayments emanating from the Wynne decision in the Maryland Court of Appeals will be delayed until after fiscal year Also under the amended language, the Maryland Comptroller of the Treasury is directed to study and make recommendations on the possibility of making tax repayments for local governments from the Comptroller s Local Income Tax Reserve Account and to study and make recommendations on the possibility of amending state law to alter the 13% interest rate that accrues to the income tax repayments. This effectively gives local government a reprieve for one year on both the retroactive repayment requirement and loss of future income tax revenues from this source of funding. v A BUSY YEAR FOR A BUSY COMMITTEE MML s Legislative Committee met a total of ten times beginning in August 2012 and concluding in late April In addition to considering and taking positions on legislation introduced during the legislative session, Committee members were also visited by guests including Governor Martin O Malley, Lt. Governor Anthony Brown, Acting Maryland Department of Transportation Secretary The League would like to thank the members of the Legislative Committee and the membership for their support, involvement and time commitment. Without the support of the membership, MML would not be the strong, well respected organization that it is today. Darrel Mobley, and Maryland Department of Planning Secretary Richard Hall. The Committee voted to take positions on 45 bills, of which 33 were support or support with amendments and 12 were oppose positions. Of the 33 bills supported or supported with amendment, 14 of these bills did pass the General Assembly. Of the 12 bills that were opposed by MML, all but one was voted unfavorably and the one bill that did pass was amended to address MML s concerns. The League would like to thank the members of the Legislative Committee and the membership for their support, involvement and time commitment. Without the support of the membership, MML would not be the strong, well respected organization that it is today. v Municipal Maryland May/June

14 2013 MML DISTINGUISHED SERVICE AWARD O Malley- Brown Administration For the first time in its history, the Maryland Municipal League, in lieu of presenting its highest service award to a member or members of the Maryland General Assembly, will recognize the O Malley-Brown Administration with the Distinguished Service Award. Governor Martin O Malley and Lt. Governor Anthony Brown will be honored for their understanding of the plight of municipal governments following four years of significant reductions in Highway User Revenues and their strong support for the inclusion of a one-time infusion of municipal Highway User Revenues in the Fiscal Year 2014 State budget. When Highway User Revenues were first reduced in the fiscal year 2010 budget by 96%, Governor O Malley said at that time when the economy begins to recover, municipal transportation monies would be among the first to be restored. True to his word, this was borne out when the Administration included an additional $15.4 million in the FY 2014 budget upon introduction in January of With this one-time infusion of monies, added to the $7.0 million already included in the budget through the regular municipal HUR formula, municipalities will see close to $23 million, up from a low of $1.6 million just three years ago. Members of the Administration were also involved in working with MML during negotiations on legislation to bolster transportation funding during the 2013 General Assembly session. Upon introduction of the bill, it became apparent that an unintended consequence of the legislation was the significant reduction in transportation monies allocated to municipalities and counties through the HUR formula beginning in FY The Governor and Lt. Governor worked with leadership in the House and Senate to add an amendment to the bill such that level funding was restored and future local government transportation funding was held harmless. The Governor and Lt. Governor also indicated that they would direct members of a workgroup established under the bill charged with looking at possible regionalization of transportation funding needs in the future to also consider whether local government highway user monies could realize increased funding through indexing. Governor Martin O Malley and Lt. Governor Anthony Brown will be honored for their understanding of the plight of municipal governments Throughout their tenure, the O Malley-Brown Administration has demonstrated a keen understanding of the importance of the role of municipal government and an interest in ensuring that both the membership and staff of MML be given ready access to members of their Cabinet and staff when the situation warrants. This award not only recognizes their actions during the 2013 legislative session, but also acknowledges their constant commitment in supporting municipal government in Maryland. Governor O Malley and Lt. Governor Brown will receive the Distinguished Service Award on behalf of their Administration at the 2013 MML convention in Ocean City during the Inaugural Dinner on Tuesday, June 25. v Governor O Malley and Lt. Governor Brown will receive the Distinguished Service Award on behalf of their Administration at the 2013 MML convention in Ocean City during the Inaugural Dinner on Tuesday, June 25. Governor Martin O Malley Lt. Governor Anthony Brown 14 May/June 2013 Municipal Maryland

15 2013 LEGISLATOR AWARDS The following members of the Maryland General Assembly have earned the MML MUNICIPAL SUPER STAR AWARD for going above and beyond on behalf of municipal government during the 2013 General Assembly legislative session. MUNICIPAL SUPER STARS House Speaker MICHAEL E. BUSCH District 30 Anne Arundel County Speaker Busch was instrumental in supporting MML s efforts to retain the one-time infusion of $15.4 million in municipal Highway User Revenues in the Fiscal Year 2014 budget during House consideration of the budget. Speaker Busch also met with MML leadership and staff on numerous occasions throughout the 2013 legislative session on a variety of issues important to Maryland s municipalities. House Speaker Michael E. Busch Senator RONALD N. YOUNG District 3 Frederick and Washington Counties Senator Young was lead Senate sponsor of MML s priority legislation to authorize municipalities and counties to post legal notices online in lieu of posting legal notices in newspapers of general circulation. Senator Young also met with MML prior to and throughout the 2013 General Assembly session to discuss this, and other bills sponsored by Senator Young, that were of benefit to municipal government. Senator Ronald N. Young Delegate JEFF WALDSTREICHER District 18 Montgomery County Delegate Waldstreicher was lead House sponsor of MML s priority legislation to authorize municipalities and counties to post legal notices online in lieu of posting legal notices in newspapers of general circulation. Although the legislation did not pass, Delegate Waldstreicher was able to work with members of the House Environmental Matters Committee such that the bill will go to interim study to prepare for possible reintroduction in Delegate Jeff Waldstreicher Municipal Maryland May/June

16 2013 LEGISLATOR AWARDS The following members of the Maryland General Assembly have earned the MML CERTIFICATE OF APPRECIATION to recognize their strong support of municipal government during the 2013 General Assembly legislative session. CERTIFICATE OF APPRECIATION Senator RICHARD F. COLBURN, District 37 Caroline, Dorchester, Talbot and Wicomico Counties Senator BARRY GLASSMAN, District 35 Harford County Senator THOMAS MCCLAIN MIDDLETON, District 28 Charles County Senate President THOMAS V. MIKE MILLER, JR., District 27 Prince George s and Calvert Counties Senator PAUL G. PINSKY, District 22 Prince George s County Senator JAMIE RASKIN, District 20 Montgomery County Delegate NORMAN H. CONWAY, District 38 Somerset, Wicomico and Worcester Counties Delegate BARBARA FRUSH, District 21 Anne Arundel and Prince George s Counties Delegate ANNE HEALEY, District 22 Prince George s County Delegate JOLENE IVEY, District 47 Prince George s County Delegate JAMES E. MALONE, District 12 Baltimore and Howard Counties Delegate DAVID D. RUDOLPH, District 34 Harford and Cecil Counties Delegate MICHAEL SUMMERS, District 47 Prince George s County Delegate GERALDINE VALENTINO-SMITH, District 23 Prince George s County MARYLAND MUNICIPAL LEAGUE ANNUAL CONVENTION Training & Education for Maryland s Municipal Officials June 23-26, 2013 Convention Center Ocean City DEADLINES: Hotel Reservations May 22 Pre-Registration May 31 Registration Changes/Cancellations (for refunds) June 8 Register on-line at mdmunicipal.org 16 May/June 2013 Municipal Maryland

17 MML 2013 CONVENTION PRELIMINARY PROGRAM SUNDAY, JUNE 23, :30 1:00 Golf Tournament 10:30 12:00 Miniature Golf Tournament 12:30 5:30 Registration 1:00 2:00 First Time Attendees & Newly Elected Officials Orientation 1:00 4:00 Planning Commision Training 2:00 5:00 Workshop: Consensus & Team Building (C) 2:15 3:15 Double Taxation Work Group Report 3:30 5:30 Workshop: Incident Command 4:00 5:30 Board of Directors Meeting 5:30 7:30 Welcome Reception MONDAY, JUNE 24, :00 4:30 Registration 8:00 9:45 Workshop: Basics of Risk Management (C) 8:30 9:30 Rehearsal for Parade of Flags 8:45 9:45 Workshop: Does Your Website Hit the Mark? 10:00 11:30 Opening General Session Parade of Municipal Flags Achievement Awards Keynote Address: Principles of Straightforward Leadership Speaker: Pam Iorio 11:30 4:00 Exhibits Open 11:30 2:00 Lunch in Exhibit Areas 12:00 1:30 Mayors Forum & Lunch City & Town Administrators Lunch Meeting Municipal Attorneys Association Lunch Meeting 1:30 2:30 Workshop: Physical Fitness in the Workplace 1:30 2:45 Workshop: Maryland s Economic Outlook (E) 1:30 3:00 Ignite! Session: Sustainability 2:45 4:45 Workshop: Effective Meetings (C) 3:00 4:00 Workshop: The Limits of Municipal Enforcement 3:15 4:15 Workshop: Environmental Regulation 4:00 5:00 Women in Government Service (WINGS) Meeting 4:30 5:30 Prince George s Elected Women Meeting 6:00 9:00 Eastern Shore Association of Municipalities Dinner Montgomery Chapter Dinner 8:30 10:30 Reception Hosted by Frederick County Commission President Blaine Young TUESDAY, JUNE 25, :00 8:45 Prince George s County Municipal Association Breakfast 8:00 4:30 Registration 8:00 9:00 Municipal Police Executives Breakfast 8:00 9:30 Issues & Answers: MDE & State Planning 8:30 9:00 Credentials Desk Open 9:00 10:00 Workshop: Be on Guard: Situational Awareness 9:00 10:00 Public Works Department Meeting 9:00 10:15 Business Meeting Banner City/Town Award Recognition TUESDAY, JUNE 25, 2013 (CONTINUED) 10:00 2:30 Exhibits Open Commerce Day in Exhibit Areas 10:00 11:00 Coffee Break in Exhibit Areas 10:30 11:30 Workshop: Service Sharing & Collaboration 10:30 12:00 Discussion Forums Small Towns Large Cities 10:30 12:00 Workshop: Community Success in a New Economy (E) 11:30 2:30 Lunch in Exhibit Halls 12:00 1:30 MML Past Presidents Luncheon 12:00 1:30 Municipal Clerks Association Luncheon 12:15 12:45 New Officials Meet & Greet 1:00 2:00 Workshops Tracking Blighted/Abandoned Properties Municipal Police Liability (E) 1:00 2:00 Dinner Table Reservations 2:00 3:30 Cabinet Secretaries Roundtable 2:30 4:00 Workshop: Stormwater Management Update (E) 2:30 4:30 Workshop: Employment Issues (C) 6:00 9:30 Children s Party 6:00 7:00 Cash Bar 6:00 7:00 Reception Hosted by Lt. Govenor Anthony Brown 7:00 9:00 Inaugural Dinner WEDNESDAY, JUNE 26, :30 12:00 Registration Distinguished Service Award Lifetime Achievement Award Municipal Officials Hall of Fame Inductions Remarks by Lt. Govenor Anthony Brown Induction of New Board of Directors Background Music: On the Edge 9:00 10:00 Workshop: Most Information is Public Don't Think It s Not (E) 9:00 10:30 Ignite! Session: Citizen Engagement 9:00 11:00 Workshop: Ethics (C) 10:30 12:00 Workshop: Identifying and Managing Grants (E) 11:00 12:30 Workshops Revitalizing Downtown Retail (E) Hot Button Legal Issues (E) 11:15 12:30 Convention Planning Committee Meeting 12:45 2:15 New Board Member Orientation & Lunch 1:00 3:00 Seafood Buffet at Phillips Crab House 2:30 3:30 Board of Directors Meeting Academy for Excellence in Local Governance Sessions C = Academy core E = Academy elective UPDATED Municipal Maryland May/June

18 A NOTE ON MUTUAL AID AGREEMENTS From MML s Hometown Emergency Preparedness Advisory Committee (HEPAC) By Isaac Ike Trouth III, Ph.D. Chairman, HEPAC Councilmember City of Bowie Since its creation in the summer of 2009, the Hometown Emergency Preparedness Advisory Committee (HEPAC) has been actively engaged in supporting efforts of municipalities throughout the state to prepare for disasters and emergencies. Recent weather related disasters and emergencies, particularly in the northeast regions of the country have reminded us that one component of emergency preparedness is still overlooked by many jurisdictions that have suffered through these events. Mutual Aid Agreements or Memorandums of Understanding (MOU s) are a vital tool for response and recovery efforts of every jurisdiction. These agreements are intended to provide advance coordination for first responders from other jurisdictions to come to your aid in the event of an emergency or disaster. Agreements such as these allow jurisdictions to work out logistics in advance such as insurance, liability and legal issues, in addition to the inherent command and control response(s). In some circumstances, especially catastrophic events covered under Presidential disaster declarations, these agreements may be needed to enable assisting jurisdictions to participate in federal cost reimbursement programs. Most of our police departments participate in mutual aid agreements. However, recent experience has shown the importance of a public works mutual aid agreement in ensuring that municipalities are reimbursed through the Federal Emergency Management Agency (FEMA) when providing equipment and manpower assistance in the face of a crisis. The Maryland Municipal Public Works Officials Association (MMPWOA) partnered with the Maryland Municipal Attorneys Association (MMAA) to create an agreement specifically designed to meet this need. For additional information on how your city or town can sign on to the agreement, contact MML Education Services Director Tom Reynolds at tomr@mdmunicipal.org. Please know that the members of HEPAC are available to provide assistance to those municipalities interested in pursuing MOU s and mutual aid agreements. If you are interested in learning more, please contact a HEPAC member or visit the Committee s webpage on the MML website at Also, please note that once again HEPAC will have a booth at MML s convention in Ocean City. We encourage you to stop by the booth and bring your emergency management questions to us. v 18 May/June 2013 Municipal Maryland

19 GREAT IDEA ANNAPOLIS Scavenger Hunt for History The City of Annapolis Historic Preservation Commission and the MainStreets Annapolis Partnership sponsored a family-friendly scavenger hunt to find historic sites throughout the downtown area on Saturday, March 23. Participants received a map with clues to help them identify 22 architectural gems, and could receive bonus points for finding four additional sites. Walk Annapolis: A Scavenger Hunt for History On your mark, get set, go! Everyone who completed the scavenger hunt and turned in the entry form was entered into a random drawing for prizes donated by downtown merchants. The grand prize was a one night stay at a Bed and Breakfast. All of the children who participated received coupons for free ice cream at a downtown ice cream parlor. For more information visit mainstreetsannapolis.org or call Shari Pippin at 410/ Number of Maryland Municipalities that Increased Property Tax Rates The loss of state aid in recent years along with plummeting property tax assessments has triggered historic highs in the number of municipalities increasing their tax rates. State aid reductions produce immediate pressures to increase tax rates - but so do assessment decreases. While assessment increases are phased in over a three-year period, assessment decreases are effective immediately within the one-third of each county that is reassessed each year RAISED RATE FISCAL YEAR Municipal Maryland May/June

20 20 May/June 2013 Municipal Maryland

21 COMMITTEE VOLUNTEER FORM Full Name: Title: Municipality: Address City: State: Zip: Telephone: Cell: PLEASE CHECK THE BOX FOR THE COMMITTEES / POSITIONS THAT INTEREST YOU STANDING COMMITTEES (YOU MAY CHOOSE MORE THAN ONE) LEGISLATIVE COMMITTEE (LC) is charged with coordinating the MML legislative program and recommending legislative requests received from members that best exemplify the goals of MML to the full membership for adoption. Additionally, the LC considers legislation with regard to its effect on municipalities and takes positions to oppose, support or amend General Assembly legislation. The LC is composed of elected and appointed municipal officials. The Committee meets every seven to ten days on a Wednesday or Saturday during the General Assembly session and at other times during the year, usually at the MML office. No more than 32 appointments. CONVENTION PLANNING COMMITTEE (CPC) is charged with formulating the theme for the annual convention, developing workshops and general sessions relating to the theme and planning the convention social events. The committee members also promote convention attendance by speaking at chapter meetings. This committee meets at the League office on a Saturday in September, November and January and other times that the Chair may call. The CPC also has an evaluation meeting in Ocean City at the conclusion of the convention. No more than 22 appointments. COMMUNICATIONS COMMITTEE (CC) is responsible for carrying out the goals set forth in the League's Communications Policy as established by the Board. It coordinates the annual If I were Mayor Essay Contest. The committee traditionally meets five to six times per year usually the third or fourth Wednesday of the month beginning in August and ending in May and other times that the Chair may call. No more than 20 appointments. AD HOC COMMITTEE HOMETOWN EMERGENCY PREPAREDNESS COMMITTEE (HEPAC) helps cities and towns prepare for and reduce the effects of natural or man-made disasters through planning, mitigation, response and recovery. This includes assisting cities and towns in developing emergency plans, conducting outreach to educate citizens and businesses, and raising awareness among municipal officials about available training opportunities. The committee will meet approximately six times a year as set by the committee Chair. No more than 20 appointments. MML S MUNICIPAL VOLUNTEER PROGRAM - Would you be willing to volunteer at an MML conference as a workshop monitor, prayer giver, at registration, etc.? PLEASE RETURN TO MML, 1212 WEST STREET, ANNAPOLIS, MD ASAP, BUT NOT LATER THAN JULY 5 Municipal Maryland May/June

22 UPCOMING events & meetings events MARYLAND MUNICIPAL LEAGUE ANNUAL CONVENTION June 23-26, 2013 Ocean City Convention Center June 8-11, 2014 Ocean City Convention Center FALL CONFERENCE October 17-19, 2013 Solomons September 11-13, 2014 Annapolis NATIONAL LEAGUE OF CITIES ANNUAL CONGRESS OF CITIES & EXPOSITION November 12-16, 2013 Seattle, Washington November 19-22, 2014 Austin, Texas CONGRESSIONAL CITIES CONFERENCE March 8-12, 2014 Washington, DC INTERNATIONAL CITY/COUNTY MANAGEMENT ASSOCIATION ANNUAL CONVENTION September 22-25, 2013 Boston, Massachusetts September 14-17, 2014 Charlotte, North Carolina Website of the Month Online State Services Directory Are you or a constituent looking for information about an online state service and don t know where to begin? Visit maryland. gov/pages/onlineservices.aspx to find information on everything from Agricultural License Plates to Waste Kitchen Grease disposal (sorry, no Zombie Apocalypse assistance yet). Can t find what you re looking for? Click on Got a Problem? for a live online chat. Liz Mistretta THE GENERAL CODE ADVANTAGE It will never be just about what we do. It will always be about how we do it. Codification & supplementation of ordinances Electronic access to Codes & records Document Management Product and Services meetings MAY Southern Maryland Chapter, La Plata 4 Board of Directors, Annapolis 9 Municipal Parks and Recreation Department, Annapolis 14 Communications Committee, Annapolis 15 Allegany/Garrett Chapter, Midland 15 Allegany/Garrett Orientation for Municipal Officials, Midland 16 Prince George s Chapter, Riverdale Park 16 Montgomery Chapter, Poolesville 17 Code Enforcement & Zoning Officials Association, Hyattsville 20 Washington Chapter, Hagerstown JUNE Executive Committee, Annapolis 17 Carroll & Frederick Chapters, Mount Airy 23 Board of Directors, Ocean City 23 MML Annual Convention Orientation for Municipal Officials, Ocean City 24 City & Town Administrators Department, Ocean City 24 Municipal Attorneys Department, Ocean City 24 Eastern Shore Chapter, Ocean City 24 Montgomery Chapter, Ocean City 25 Municipal Clerks Department, Ocean City 25 Municipal Police Executives Association, Ocean City 25 Municipal Public Works Department, Ocean City 25 Prince George s Chapter, Ocean City 26 Board of Directors, Ocean City 26 Convention Planning Committee, Ocean City JULY Allegany/Garrett Chapter 18 Cecil-Harford Chapter, Cecilton 22 Washington Chapter, Williamsport Patrick Smith Toll Free 855 GEN CODE GeneralCode.com 22 May/June 2013 Municipal Maryland

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24 The Maryland Municipal League REPRESENTING MARYLAND'S CITIES AND TOWNS