Embed Size (px)
Citation preview
Charles County Citizens’ 2021 Preliminary Legislative Package
1. A proposal for centralized trash collection. (p.6)By: Lydia J. Wood
[email protected] (240) 355-4931
2. A proposal to re-introduce HB 335/SB432 - Charles County - Public Safety - Buildings Used for Agritourism (from 2020 Legislative Session), which proposes to add Charles County to the list of counties where an existing agricultural building used for agritourism is not considered a change of occupancy that requires a building permit under certain circumstances. (p.7)
The Charles County Rural and Zoning Task Force By: Brianna Dunbar Bowling, Chairperson
3. A proposal to amend Ann. Code MD, Correctional Services Section 11-710 to establish a pre-trialrelease and alternative sentencing program in Charles County.
Issue: The Maryland Parole and Probation notified the courts that they would no longer provide pre-trial services in Charles County. The Sheriff has developed a framework for a process to ensuring individuals charged with a crime continue to be provided these critical services while awaiting trial. These services are crucial in providing an alternative to incarceration for those are awaiting trial. (p.12)
The Hon. Troy Berry, Sheriff By: Jerome Spencer, General Counsel
Misty Good, Associate General Counsel Office of the General Counsel
Office (301) 609-6542 Cell (301) 609-0140
[email protected] [email protected]
4. A proposal to amend Ann. Code MD, Alcohol Beverages Article, Sec. 2-216 to allow owners of small family farm wineries to also have an ownership interest in a small family owned business establishment that sells alcohol. (Previously submitted 2020.) (p.16)
By: Bonnie Hochman Rothell and Danny L. Rothell [email protected]
(240) 744-5745
5. A proposal to provide that “Charles County disabled veterans may receive a [lifetime benefit] property tax exemption of 50% of the assessed value of his/her primary residence within the County of Charles. The veteran must have a military service-connected disability rating of 50% or more...” (p.18)
Charles County Commission for Veterans Affairs Charles Harding, Jr., USAF Ret. -Chairman
By: Julie Muster Bryson, M.S. Citizen Response & Veteran Services Manager
U.S. Army veteran [email protected]
301-645-0695 desk (x-2695)
002
6. A proposal for the creation of a Civilian Review Board … empowered to create oversight of police when instances of misconduct or complaints occur…” with detailed specific procedures and powers as outlined in the written proposal. (p.19)
7. A proposal for the creation of a 11 – 13 member Housing Authority Board, “…increase housing equity for all Charles County residents … to: (p.21)
● Secure funding/grants for housing and infrastructure projects● Make repair grants for low income residents● Down payment assistance funding for first-time homebuyers● Provide low-interest loans for home improvements● Advocate for broadband internet in Nanjemoy and other areas with limited connectivity● Improve water and sewer connections in areas without access● Work with community partners to develop actionable solutions for unhoused/homeless citizens.● Aid the Community Services Office in reviewing the backlog in the housing voucher program.” By: Ongisa Ichile-Mckenzie, Director
Southern Marylanders for Racial Equality 240.640.9577
8.A. A proposal “…creating new legislation that would establish a local Human Relations and Civil Rights Commission where county residents can file a discrimination complaint... serve as the civil rights policy arm of the county government and would be empowered to enforce local civil rights laws, and shall direct its efforts and resources toward eliminating discriminatory practices within the county in the areas of housing, employment, law enforcement, education, public accommodations, commercial real estate, county government contracts, and any other facets of county citizens lives where such practices may be found to exist. (p.22)
8.B. A proposal to establish the Citizens Complaint Oversight Board (CCOB). (p.24)
By: Dyotha R. Sweat, President, [email protected] Angela French-Bell, Criminal Justice Chair, [email protected]
National Association for the Advancement of Colored People (NAACP) Charles County Branch
(240) 776-2828
9. A proposal to Amend MD Code, Criminal Law, Section 3-804, Section 3:804. Misuse of Telephone Facilities and Equipment – to provide that “A person who violates this section is guilty of a “Felony and upon Conviction, is subject to imprisonment not less than five (5) years; and a fine not exceeding $5,000, or both. Further, any future violation of the MD Code Statute, will be prosecuted to the “Maximum Extent of the Law”. (p.26)
By: Henry A. Collins, Jr. [email protected]
(301) 645-5658 (H)(301) 335-4082 (C)
003
10. A proposal to amend the Maryland State Driver’s License to allow a “ … qualified U.S. military veteran who was honorably discharged and [has] a valid State Driver's license photo ID card, … [to] have the word "Veteran" printed on the front of the photo document… [and] the back could have emblems representing life memberships of military organizations and Branches served. (p.27)
Mike Moses, Maryland State Commander/VSO National Association for Black Veterans, Inc.
[email protected] cell (301) 752-3915
12. A proposal to amend Ann. Code MD, Alcohol Beverage Article, to allow removal of anindividual/corporate licensee and hold alcoholic beverage license inactive/in abeyance for a certainamount of time, until a substitute licensee can qualify to hold the license.
Board of License Commissioners (Liquor Board) Guy Black, Chairman
[email protected] (240)375-1397
13. A proposal to amend the Annotated Code of MD so that the Student Member on the Charles County Board of Education has voting rights in all matters except personnel. The Student Member serves as a representative of the students enrolled in the school system. This would bring Charles County in line with several other jurisdictions in the state which grant their Student Member voting rights. (p.29)
By: Ian Herd, Student Member Charles County Board of Education
Email: [email protected] Phone: (301) 904-5226
14. A proposal to approve adding to the Charles County tax ordinance a provision allowing for a Scenic Easement Tax Credit off eligible property tax bills for the life of the recorded Scenic Easement. (p.30) Michael Leventhal
[email protected] (301) 642-4847
004
County Commissioner 2021 Preliminary Legislative Proposals
Commissioner President Collins:
15. A proposal to provide housing relief for seniors in the form of mandated rent stabilization toprevent rental costs for seniors from increasing beyond their ability to pay. Rent stabilization will limit alandlord’s ability to increase rent payments for senior tenants. COVID-19 further enhances the need forsuch legislation in order to prevent seniors from becoming homeless during the pandemic because oftheir inability to pay increased rent, when their chances of contracting the virus are also increased dueto lack of housing. Under this proposal, rent increases shall not exceed the rent stabilization allowanceas determined on an annual basis by the County for tenants 62 and older.
16. A proposal to fund a post-COVID-19 recovery plan specifically for business recovery.
17. A proposal to offer future research and development funding for businesses located in the County.These R&D dollars will assist with innovation, contribute to job growth, and support one of fouridentified targeted industries by the Department of Economic Development.
18. Authorizing Charles County to impose, by local law, a fee on certain residential property owners forregistration of their properties with the County in order to offer the properties for lease to residentialtenants; authorizing fines be imposed on those property owners that do not adhere to the registrationmandate; authorizing Charles County Commissioners to adopt regulations relating to the operation ofthe registration program.
Commissioner Bowling:
19. A proposal to make internet service a regulated utility under the Maryland Public Service Commission.
20. A proposal to amend Section 9-310 of the Tax Property Article, Ann. Code MD, to allow for implementation of a real property tax credit for certain County employees and volunteers.(p.32)
Commissioner Coates:
21. A proposal to support parents who have terminated their employment in order to assist their child(ren) with virtual learning. The affected parents would train as Instructional Assistants and earn a stipend for aiding their children with distance learning as assigned by their school’s teachers. Parents of public school students, pre-kindergarten through twelfth grade are eligible to participate.
22. A proposal to create a County Office of Nursing Home Compliance that will receive and review complaints and inspect nursing homes for compliance. The Office of Health Care Quality with the Maryland Department of Health is currently charged with investigating complaints arising from nursing home facilities. This new proposed office would act as an intermediary between a complainant and the Office of Health Care Quality to help expedite resolution to local nursing home facility complaints. (p.33)
23. A proposal to to require prescription drug labels to include the purpose of the medication in order to enhance safety and keep patients better informed about the drugs they are taking. The additional information would allow patients to better understand and adhere to their medication regimens. This proposal would amend Health Occupations Article, Title 12 Pharmacists and Pharmacies, Subtitle 5 Practice of Pharmacy and Operation of Pharmacies, Labeling Requirements for Prescription Medicines(§12-505) and Health- General Article, Title 21 Food, Drugs, and Cosmetics, Subtitle 2 Maryland Food, Drug, Cosmetic Act, Part III Drugs and Devices, Label Requirements for Prescription Drugs; Exemption from Provisions on Misbranded Drugs (§21-221). (p.37)
005
006
007
008
009
010
011
012
013
014
015
016
017
018
019
020
021
022
023
National Association for the Advancement of Colored People (NAACP) Charles County Branch Post Office Box 2401 ♦ Waldorf, Maryland 20604 Phone: 240-776-2828
Founded in 1909, the NAACP is the nation’s oldest and largest nonpartisan civil rights organization. Its members throughout the United States and the world are the premier advocates for civil rights in their communities. You can read more about the NAACP’s work and our six “Game Changer” issue areas by visiting NAACP.org.
PROPOSAL TO ESTABLISH CITIZENS COMPLAINT OVERSIGHT BOARD (CCOB)
The issue of police accountability and oversight has been hotly debated nationally in light of several highly publicized events that have occurred. Charles County is no exception. The Charles County Branch of the NAACP has consistently received numerous claims from citizens alleging police misconduct and, in some instances, officer brutality.
The County Sheriff ’s Office of Internal Affairs has improved the grievance process by making complaint forms available at local libraries and other Government facilities. This improvement still has not addressed the need to provide this important service in our community.
In response to this anecdotal and documented evidence, the Charles County Branch of the NAACP is proposing the creation of a seven-member Board to review citizen allegations of misconduct on the part of police officers employed by the Charles County Sheriff’s Department. This Board would either be a division of the Sheriff’s Department Internal Affairs Division or established as an independently funded agency provided with its own office staff and facility.
MAKE UP OF THE BOARD
The Panel’s makeup is derived from a Board that will include a Chairperson and fourteen members—twelve civilian members and two police officers (Two alternates would be chosen by the Sheriff). The seven-member Panel that actually convenes hearings will be chosen from the fourteen-member Board. Panel members will be chosen from the Board on a rotating schedule. To ensure that the Board is representative of Charles County, civilian members will be selected by the County Commissioners and the Charles County Sheriff will appoint the two officers. Board member terms are for two years and a member may not serve more than two full terms.
HOW THE CCOB WORKS
The process is initiated by the filing of a complaint with the CCOB. The CCOB staff receives and processes each complaint. The Board will then decide whether a complaint is within the Board’s jurisdiction, determining its merits. Complaints will be limited to incidents alleging brutality/excessive force, harassment and/or abusive language. The Board’s purpose is to assure the public that the investigation by the Sheriff’s Department’ Internal Affairs Division is complete, impartial and all recommendations are reliable. In essence, the CCOB will replace the initial review mechanism now used by the Sheriff’s Department.
024
National Association for the Advancement of Colored People (NAACP) Charles County Branch Post Office Box 2401 ♦ Waldorf, Maryland 20604 Phone: 240-776-2828
Founded in 1909, the NAACP is the nation’s oldest and largest nonpartisan civil rights organization. Its members throughout the United States and the world are the premier advocates for civil rights in their communities. You can read more about the NAACP’s work and our six “Game Changer” issue areas by visiting NAACP.org.
Once a complaint is received, the officer named in the complaint (the subject officer) is provided with a copy and asked to submit a response. Mediation is encouraged by the CCOB initially. The Board will therefore schedule a mediation session if the two parties’ consent. If the parties cannot resolve their differences through mediation, then a full-fledged investigation ensues.
At the conclusion of an investigation, the CCOB staff prepares an investigative report which includes the various accounts of the incident. Copies are sent to the complainant, subject officer and the Board. When possible, the Board will attempt to reach a decision based upon the independent investigation. If that is not possible, the complainant will be scheduled for a hearing.
All parties to the complaint are subpoenaed to appear at a Panel hearing. Subpoena power is granted to the Board through the signature of the Chairperson. Subpoena power ensures the production of testimony by witnesses or the production of books, records or documents. A subpoena may be served by any person designated by the Chairperson, with the exception of parties or witnesses.
CONDUCT OF HEARINGS
An attorney or other interested person acting either on behalf of the complainant or of the subject police officer may participate in the hearing, but is not mandatory. The complainant first presents an account of the incident and then is questioned by the sitting seven-member panel. The Panel also questions all witnesses called by the complainant. The Panel goes through the same process with the subject officer and his/her witnesses. Both parties then present a closing argument.
The Panel deliberates and determines to find on behalf of the complainant or the subject officer. The standard of proof used will be by “preponderance of evidence”. The Panel issues its findings and recommendations in the case and sends copies to the parties and the Charles County Sheriff. If the Panel rules in favor of the complainant, or “sustains” his or her claim, the Charles County Sheriff has 45 days from the date he receives the findings to either adopt or reject the Board’s decision. The Panel may recommend the imposition of appropriate personnel action against the accused officer.
A decision in favor of the subject officer will not preclude the complainant from filing a complaint in an appropriate court. Therefore, any person who is the victim of police misconduct may seek redress by means of a civil action against the Department in addition to or as an alternative to review of the complaint by the Board.
025
026
027
028
Legislative Proposal
A proposal to amend the Annotated Code of MD so that the Student Member on the Charles County Board of Education has voting rights in all matters except personnel. The Student Member serves as a representative of the students enrolled in the school system. This would bring Charles County in line with several other jurisdictions in the state which grant their Student Member voting rights.
By: Ian Herd, Student Member Charles County Board of Education
029
The Piscataway National Park, located on the Potomac River in Accokeek, Maryland was created in 1961 to protect the historic viewshed of Mount Vernon. The Park is 5,000 acres, and within the Park is a 1,400 section called the Moyaone Reserve. The Moyaone Reserve has about 240 5-acre plus lots, and spans both Prince George’s and Charles Counties. There are 190 homesteads and 50 unimproved lots.
As the Piscataway National Park was being created, the National Park Service had begun asking all of the private property owners in the Moyaone Reserve for a scenic easement on their land. The scenic easements were to protect the Mount Vernon viewshed in perpetuity and would run with the deed, not the property owner.
The majority of these owners gave these scenic easements willingly and for no money. The scenic easements had restrictions on the land. These included:
of the 5 acre lots, only 1/2 acre could be cleared for a residence;
no mature trees could be removed without the prior approval of the NPS;
only one residence per 5-acre lot;
property owners could not void the scenic easements over time;
From the late 1950’s to the late 1960’s, the State of Maryland has passed State enabling legislation allowing several counties in the State to provide for a scenic easement tax credit off the County property tax bill. In 1969, Prince George’s County passed it’s tax ordinance allowing for this tax credit. It asked property owners to furnish a deed to the property and a copy of the scenic easement. Once the County was satisfied, a scenic easement tax credit was granted for the property. In Prince George’s County, this tax credit is based on the value of the assessed value of the land, divided by 100 and then divided by 2.
For example, the land value of my property is $153,000. When divided by 100 and then by 2, the value of my scenic easement tax credit is $765. The credit is calculated yearly and applied as long as the scenic easement is in place.
The State enabling legislation included Charles County. For reasons that I do not know or understand, none of the Charles County property owners in the Moyaone Reserve ever petitioned Charles County to allow for a scenic easement tax credit off their property bill. There are 46 properties in Charles County with a NPS scenic easement protecting the Mount Vernon viewshed. Of these 46
030
properties, 42 are in the Moyaone Reserve — 23 residential properties and 19 unimproved lots.
The purpose of my presentation is to ask the Charles County Commission to pass the necessary tax ordinances allowing those properties with scenic easements protecting the viewshed of Mount Vernon to receive a yearly scenic easement tax credit. These property owners have agreed through time to limit the development of their lot to enable millions of American’s who annually visit Mount Vernon, one of the nation’s most historic and beloved houses, to see the same view that George and Martha Washington enjoyed from their east portico.
Thank you for listening to me and I will try to answer any questions you may have.
031
20. A proposal to amend Section 9-310 of the Tax-Property Article of the Maryland Annotated Code, to
state:
(I) The governing body of Charles County may grant, by local law, a property tax credit under this
section against the county property tax imposed on real property that is owned by full-time
employees of Charles County Government, Charles County Sheriff's Office, Charles County Board of
Education, or members of Charles County volunteer fire and rescue companies.
(2) The governing body of Charles County may provide, by local law, for:
(i) the amount and duration of the tax credit under this subsection; and
(ii) the criteria for qualifying for the tax credit under this subsection.
Proposed by: Commissioner Bowling
032
Md. HEAL TH-GENERAL Code Ann. § 3-201
Statutes current through legislation effective July 10, 2020
MD - Annotated Code of Maryland > HEAL TH - GENERAL > TITLE 3. COUNTY BOARDS OF
HEAL TH; HEAL TH OFFICERS > SUBTITLE 2. COUNTY BOARDS OF HEAL TH
§ 3-201. County governing body or designated board
(a) In general. --Except as provided in subsection (b) of this section, the governing body of a county is ex
officio the board of health for the county.
(b) Code or charter county. --In a code county or charter county, the governing body is ex officio the board of
health for the county, unless the governing body establishes a board of health.
History
An. Code 1957, art. 43, § 45; 1982, ch. 21, § 2.
Annotations
Case Notes
BOARD OF HEAL TH RESOLUTIONS --When a county council, acting as the local board of health, adopted a
resolution banning smoking in eating and drinking establishments, except private clubs, the resolution was invalid
because the county had opted for the county council-county executive form of government and the resolution was
adopted without the participation of the county executive, so the resolution was not adopted by the county's
"governing body" and was, therefore, not adopted by the county's board of health, as defined in (b). Montgomery
County v. Anchor Inn Seafood Rest., 374 Md. 327, 822 A.2d 429 (2003).
When a home rule county opted for the county council-county executive form of government, and did not
establish a separate entity as the county board of health, the local board of health was the county's "governing
body," which was comprised of the county council and County Executive together, and a resolution adopted by the
county council, acting alone, and acting as the local board of health, was invalid. Montgomery County v. Anchor Inn
Seafood Rest., 374 Md. 327, 822 A.2d 429 (2003).
NO DUTY TO ABATE PHYSICALLY PUBLIC NUISANCE. --This section did not impose a duty on the members of
a governing body as members of a statutory board of health, or as individuals personally, to physically abate a
claimed public nuisance. Thus, a suit for damages against the members of a governing body based upon a breach
of such duty did not state a cause of action. Fowler v. Board of County Comm'rs, 230 Md. 504, 187 A.2d 856, cert.
denied, 375 U.S. 84584 S. Ct. 9811 L. Ed. 2d 72 (1963).
Danielle Mitchell
033
Md. HEALTH-GENERAL Code Ann.§ 3-201
Research References & Practice Aids
CROSS REFERENCES. --
Page 2 of 2
For present provisions concerning power of commissioners in regard to nuisances and public health generally, see
§ 13-401 et seq. of the Local Government Article.
Annotated Code of Maryland
Copyright 2020 by Matthew Bender and Company, Inc., a member of the LexisNexis Group All rights reserved.
End of Document
Danielle Mitchell
034
Md. HEAL TH-GENERAL Code Ann. § 3-202
Statutes current through legislation effective July 10, 2020
MD - Annotated Code of Maryland > HEAL TH - GENERAL > TITLE 3. COUNTY BOARDS OF
HEAL TH; HEAL TH OFFICERS > SUBTITLE 2. COUNTY BOARDS OF HEAL TH
§ 3-202. Miscellaneous powers and duties
(a) Scope of authority. --
(1 )Except as provided in paragraph (2) of this subsection, each county board of health shall exercise
the duties imposed by law on a board of health.
(2)The county board of health shall exercise those duties in each municipality or special taxing district
in the county unless the municipality or district has a charter provision or ordinance that:
(i)Covers the same subject matter;
(ii)ls at least as restrictive as the provision that the county board is required to enforce; and
(iii)lncludes provisions for enforcement.
(b) Duties. --In addition to the other duties provided by law, each county board of health shall:
(1 )Meet in May and October of each year and at any other time the board considers necessary;
(2)Coordinate its activities with the Department; and
(3)Report to the Department on the sanitary conditions of the county whenever the board considers it
important and necessary to do so.
(c) Fees and charges. --
(1 )Except as provided in paragraph (2) of this subsection, each county board of health may set any fee
or charge in connection with its rules and regulations.
(2)A fee or charge for a service that is provided wholly or partly with State or federal funds that the
Department administers is subject to approval and modification by the Secretary.
(d) Nuisances; disease. --In addition to the other powers provided by law and subject to the provisions of this
article, each county board of health may adopt and enforce rules and regulations on any nuisance or cause of
disease in the county.
History
An. Code 1957, art. 43, §§ 45, 48; 1982, ch. 21, § 2.
Annotations
Case Notes
Danielle Mitchell
035
036
037
038
Md. HEAL TH-GENERAL Code Ann. § 21-221
Statutes current through legislation effective July 10, 2020
MD - Annotated Code of Maryland > HEALTH - GENERAL > TITLE 21. FOOD, DRUGS, AND
COSMETICS > SUBTITLE 2. MARYLAND FOOD, DRUG, AND COSMETIC ACT > PART Ill.
DRUGS AND DEVICES
§ 21-221. Label requirements for prescription drugs; exemption from
provisions on misbranded drugs
(a) Label requirements. --A drug that is dispensed under a prescription shall bear a label that states:
(1 )The name and address of the dispenser;
(2)The serial number of the prescription;
(3)The date of the prescription or the date that the prescription was filled;
(4)The name of the prescriber; and
(5)If stated in the prescription:
(i)The name of the patient;
(ii)Any directions for use; and
(iii)Any cautionary statements.
(b) Scope of exemptions. --If a drug dispensed under a prescription meets the label requirements of this
section, it is exempt from the provisions of:
(1)Section 21-217(b)(3) through (7) of this subtitle; and
(2)Section 21-218(b)(1) through (4), (7), (8), (13), and (14) of this subtitle.
(c) Exceptions to exemptions. --The exemptions under this section do not apply to any drug that is
dispensed in the course of the conduct of a business of dispensing drugs on the basis of diagnosis made
through the mail.
History
An. Code 1957, art. 43, § 189C; 1982, ch. 240, § 2; 1987, ch. 306, §§ 2, 15; 1988, ch. 6, § 11.
Annotated Code of Maryland
Copyright 2020 by Matthew Bender and Company, Inc., a member of the LexisNexis Group All rights reserved.
End of Document
Danielle Mitchell
039
