Legislative Session Recap

MAY / JUNE 

AWARDS ⊲ Lifetime Achievement ⊲ Municipal Achievement ⊲ Distinguished Service ⊲ Legislator The Maryland Municipal League representing maryland's cities and towns Since 2009, LGIT has returned $30,401,500 to its members In Premium Credits.

That’s a lot of bucks.

Visit us during MML’s Convention – Booths 322 & 323

Local Government Insurance TRUST We take our name seriously. 7225 Parkway Drive Hanover, MD 21076 Tel 443.561.1700 Fax 443.561.1701 www.lgit.org Since 2009, LGIT has returned $30,401,500 to its members MAY/JUNE 2018

CONTENTSLegislative Session Recap On the cover … In Premium Credits. MAY / JUNE  After nine long years, municipal Highway User Revenue (HUR) funding was restored thanks to unanimous votes in the State Senate and House of Delegates. See related story on pages 14- That’s a lot of bucks. 22 for information about how AWARDS municipalities fared during the ⊲ Lifetime Achievement ⊲ Municipal Achievement 2018 General Assembly session. ⊲ Distinguished Service ⊲ Legislator The Maryland Municipal League representing maryland's cities and towns

Updated Summer Conference Program ..... 6 MML Lifetime Achievement Award ..... 9 My Seat Pleasant App ..... 10 Gaithersburg Book Fair ..... 11 Distinguished Service Award..... 13 MML Membership #MadeitHappen in 2018..... 14 Legislator Awards ..... 23 Bravo Zulu, Karen Abendschein Bohlen ..... 24 Meetings & Upcoming Events ..... 26

Visit us during MML’s Convention Vol. 48 | No. 9 | May/June 2018 – Booths 322 & 323 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 331-980), 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 21401. 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 21401 Second-class postage paid at Annapolis, Maryland 21401 For advertising rates contact: Natalie Whylie, Allegra Marketing+Print+Web, 8950 Old Annapolis Road, Suite121, Columbia MD 21045 Telephone: 410-267-1200, Fax: 410-267-1992, [email protected] Local Government Insurance TRUST Subscription rate: $40/year We take our name seriously. Telephone: 410-268-5514 Toll-Free: 800-492-7121 Fax: 410-268-7004 Web: www.mdmunicipal.org Email: [email protected] | | 7225 Parkway Drive Hanover, MD 21076 Tel 443.561.1700 Fax 443.561.1701 www.lgit.org Municipal Maryland May/June 2018 3 Maryland Municipal League Summer Conference Convention Center – Ocean City June 10-13, 2018

SAVE MONEY! Register on-line for reduced fees. Governor Larry Hogan Dinner Speaker – June 12 Visit mdmunicipal.org/registration for conference details and to register.

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4 | May/June 2018 | Municipal Maryland UPDATED 2018 MML SUMMER CONFERENCE PROGRAM

SUNDAY, JUNE 10, 2018 12:00 - 1:00 Department Officers Briefing TUESDAY, JUNE 12, 2018 (continued) 12:30 - 5:00 Coffee, Tea & Decaf 9:00 - 9:30 Snap Learning: Energy Efficiency Incentives 1:00 - 5:30 Registration 9:00 - 10:00 Public Works Department Meeting 1:00 - 5:30 Planning /Board of Appeals Training 9:00 - 10:15 Business Meeting 1:30 - 2:30 Municipal/First Time Attendees Orientation • Banner City/Town Award Recognition 2:45 - 3:45 Chapter Officers Briefing • Election: 2018-19 Board of Directors 2:45 - 3:45 Healthy Working Families Act 9:30 - 10:30 Coffee Break 2:45 - 4:00 Workshop: Medical Cannabis 9:30 - 2:00 Exhibits Open 2:45 - 4:45 Workshop: Structure of Municipal Government (C) Commerce Day 4:15 - 5:30 Workshop: Hot Button Legal Issues (E) 10:30 - 11:30 General Session – Matt Thornhill, Institute for Tomorrow Workshop: Keeping Volunteers Engaged (E) 11:30 - 2:00 Lunch 4:30 - 5:30 Board of Directors Meeting 12:00 - 1:30 MML Past Presidents Lunch 5:30 - 7:00 Welcome Reception & Gubernatorial Candidates Mixer Municipal Clerks Association Lunch 12:15 - 12:45 New Officials Meet and Greet MONDAY, JUNE 11, 2018 1:00 - 2:00 Exhibit Areas Open to Children 8:00 - 4:30 Registration 1:30 - 2:30 Workshop: Engaging Millennials in Gov’t Coffee, Tea & Decaf 1:30 - 3:00 Cabinet Secretaries Roundtable 8:00 - 9:45 Workshop: Consensus & Team Building (C) 2:00 - 2:30 Snap Learning: Sustainabilty According to Twain 8:30 - 9:30 Rehearsal for Parade of Flags 2:30 - 4:30 Workshop: Public Information Act (C) 8:30 - 9:45 Workshop: Effective Records Mgt. 3:00 - 4:30 Discussion Forums 8:30 - 9:45 Workshop: Keeping Municipalities Beautiful • Large Cities 9:00 - 9:30 Snap Learning: 2020 Census Update • Small Towns 10:00 - 11:30 Opening General Session • Tiny Towns • Presentation of Colors 6:00 - 9:30 Children’s Party* • Parade of Municipal Flags 6:00 - 7:00 Cash Bar • Achievement Awards 7:00 - 9:00 Dinner* • Keynote Speaker: Shannon Huffman Polson • Municipal Officials Hall of Fame Inductions 11:30 - 4:00 Exhibits Open • Lifetime Achievement Award 11:30 - 2:00 Lunch • Distinguished Service Award 12:00 - 1:30 Maryland Mayors Association Lunch • Remarks by Governor Hogan MCCMA Lunch • Induction of 2018-19 Board of Directors Municipal Attorneys Association Lunch • Background Music: On the Edge 1:30 - 2:45 Workshop: Building a Multi-Cultural Organization (E) 1:30 - 3:00 Workshop: Municipal Role Combating Opioids (E) 1:30 - 3:30 Workshop: Open Meetings Act (C) WEDNESDAY, JUNE 13, 2018 3:00 - 4:15 Workshop: Police Body-Worn Camera Update (E) 8:30 - 12:00 Registration 3:30 - 4:00 Snap Learning: Tips for Good Internal Controls 8:30 - 10:00 Women in Government Service (WINGS) Breakfast * 3:30 - 4:30 Young Elected Leaders Story Slam 8:30 - 11:30 Coffee, Tea & Decaf 4:00 - 5:00 Prince George’s Elected Women Meeting 9:00 - 10:30 Governor’s Smart Growth Subcabinet Meeting 6:00 - 9:00 Eastern Shore Chapter Dinner* 9:00 - 10:30 Workshop: Building Reuse 6:30 - 9:00 Montgomery Chapter Dinner* 9:00 - 11:00 Workshop: Basics of Risk Management (C) 9:00 - 12:30 Academy Graduate Class - Economic Development (G) * TUESDAY, JUNE 12, 2018 10:30 - 11:00 Snap Learning: Stormwater/Bay Restoration Resources 7:00 - 8:45 Prince George’s County Municipal Association Breakfast* 11:00 - 12:00 Workshop: Nuisance Regulation 7:30 - 8:15 Resolutions Committee Meeting 11:00 - 12:15 Workshop: Responding to Civil Unrest (E) 8:00 - 9:00 Municipal Police Executives Breakfast 12:30 - 2:00 Board of Directors Lunch & Meeting 8:00 - 4:00 Coffee, Tea & Decaf 8:00 - 4:30 Registration 8:30 - 9:00 Credentials Desk Open Academy for Excellence in Local Governance Sessions 8:45 -10:00 Workshop: Municipal Election Issues C = Academy Core E = Academy Elective 8:45 -10:00 Workshop: Recruiting the Next Generation G = Academy Graduates Only of Staffers (E) *Ticket required - must purchase (in addition to the registration fee) prior to conference.

Municipal Maryland | May/June 2018 | 5 COLLEGE OF PUBLIC AFFAIRS

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6 | May/June 2018 | Municipal Maryland In addition to nearly weekly meetings of MML’s Legislative Committee, nearly 100 city and town leaders made a pilgrimage to Annapolis on two separate occasions during the winter months to show unified support for legislation to reinstate a predictable funding formula. By mid-March, compromises were being discussed and bill amendments drafted. By late March, after nine long years, a bill restoring the majority of munic- ipal road funding beginning in Fiscal Year 2020 finally made it out of committee and onto the House floor for a vote. It passed unanimously! The exact same result occurred just a week later on the Senate floor, 47-0! Not only did we see success with our road funding bills but MML achieved success with the other two 2018 The Incredible Power of ONE Voice! legislative priorities as well. Governor Hogan was By Scott A. Hancock, Executive Director even persuaded to include $4 million in additional road funds in one of his Fiscal 2019 supplemental Midnight on April 9, 2018 marked the end of million in highway revenue since that fateful budget proposals specifically for municipalities. one of the League’s most successful legislative August day in 2009. (The figure was later reduced to $2.1 million by sessions in its 82-year history! What was so For eight consecutive years, MML membership the General Assembly.) remarkable about this session was how success selected the restoration of predictable, formula Many of our members asked how and why we was achieved and the lessons we hope we based state-shared funding to maintain local learned from the experience. were so successful this year, after so many years. roads as legislative action priorities and, although Of course, there are many possible answers to the Maryland municipal officials vividly recall the MML succeeded in securing some additional question and all of them are probably correct. day in August 2009, one month into a new fiscal funding from grants each year, a “fix” was never “MML is a highly respected organization repre- year, when the call came announcing a 96% realized ... until this year! senting elected officials.” “ It was an election year.” “slashing” of the traditional formula-based reve- Beginning with the election of New Market “We have been beating the same drum for nine nue derived from the Maryland tax on gas sales Councilman Jake Romanell as MML President in long years and the legislators were finally beaten and vehicle registrations shared with cities and June, the stage was set for a “respectful assault” down.” “The General Assembly Presiding Officers towns for over 70 years. “The Great Recession” on Maryland legislators during the 2018 (election finally realized how badly municipalities were hurt was to blame. Maryland raided every account year) General Assembly session demanding the by the loss of this important revenue source and available in an effort to balance the state budget return of state-shared funding to maintain local wanted to help us.” and did so for several years. The Transportation roads. President Romanell was 100% committed Trust Fund fell victim to the raids. Throughout I honestly believe the number one reason to the cause and assembled a remarkable team for our success this year was our membership’s the ensuing years, several annual “transportation of leaders to chair the MML 2018 Legislative grants” were awarded to municipalities within total engagement in the 2018 efforts! Cities and Committee including Gaithersburg Councilman towns across Maryland, all of MML’s standing annual state budget allocations but this money Ryan Spiegel, Cambridge Mayor Victoria Jackson- restored only a small portion of the lost revenues committees, and individual members from all Stanley, and Greenbelt Mayor Emmet Jordan. over Maryland came together, as one body, to to municipalities. By 2017, MML calculated that Their mission: ENGAGE the MML Legislative Maryland cities and towns had lost over $364 press their needs to their state leaders. When all Committee and ENTIRE MML membership to those municipal voices spoke in unison through speak with ONE LOUD VOICE for a year urging their association, things happened. legislators to reinstate the 70-year-old state shared revenue contract with local governments. There were many “valuable players” in the success of our priority legislation in 2018. The From targeted newspaper articles and bill sponsors, the House and Senate leadership, Facebook posts tagging legislators to Tweets and the Hogan Administration were all key to and Letters to the Editor and personal phone bill passage and additional funding. But the calls and text messages to Delegates and Most Valuable Player awards must go to you, Senators, Maryland’s municipal officials spoke the Maryland municipal official who owned the out in some manner daily. Municipal residents initiative and came together to speak with ONE were even engaged in the #FixLocalRoads effort, UNIFIED VOICE! Our success in 2018 can and encouraged by their municipal leaders. Several will be replicated in the future on other issues residents volunteered to be filmed for two video of importance to Maryland cities and towns. We The bills to restore municipal Highway messages that aired on cable television and social know what we need to do! User Revenues passed unanimously media. Their message was simple: city/town roads in the State Senate and House of are no less important than State roads. Our roads Lesson learned. Delegates. need to be fixed too! Great job, municipal leaders! T

Municipal Maryland | May/June 2018 | 7 The Maryland Municipal League Invites Your Input …

√ Is there a Maryland statute that needs to be changed to enable you, as a municipal official, to do your job better?

√ Have you received citizen complaints that you could not address because you needed legislative authority?

√ Are there outdated provisions in Maryland law that need to be modernized or streamlined?

Each spring, MML solicits input from our membership to enable us to establish our legislative priority issues for the upcoming legislative session. Now is the time to submit ideas that could be improved with a legislative “fix” during the 2019 legislative session.Please note that all LARs must be approved by the governing body of the municipality, department or chapter prior to submission.

A legislative request that is the same or substantially similar to a request that has been previously been considered and rejected by the Legislative Committee twice within a four-year period coinciding with the current General Assembly term shall be excluded from consideration by the Committee.

The Legislative Committee shall limit recommended legislative proposals to the membership for consideration at the annual fall conference to no more than four non-prioritized issues and the membership is limited to adopting no more than four legislative priorities at the fall conference.

A member municipality, chapter or department may submit up to 3 legislative requests each by completing a Legislative Action Request (LAR) and sending it to MML no later than Friday, July 27, 2018. To download the LAR form, visit mdmunicipal.org, click Legislative Advocacy and select 2019 Legislative Action Request and scan and email the form(s) to [email protected]. Forms may also be mailed to MML at 1212 West St., Annapolis, MD 21401.

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8 | May/June 2018 | Municipal Maryland MML Lifetime Achievement Award Mayor Mark R. Frazer, North Beach

After graduating from the School of Dentistry and following a three- year tour of duty in the U.S. Air Force, Dr. Mark R. Frazer began his dental practice in Calvert County. While growing his full-time practice, Dr. Frazer dedicated countless hours to public service, first as a Calvert County Commissioner and currently as Mayor of North Beach.

Upon his election, Mayor Frazer immediately set in motion the Town’s comprehensive economic development plan, Our Vision, which defined the economic, cultural and recreational visions for North Beach, and addressed quality of life for its citizens moving forward. As part of the Mayor’s revitalization plan for North Beach, basic policies and procedures such as code enforcement and codifi- cation of Town codes and zoning were updated and enforced. Mayor Frazer refurbished the basic infrastructure and helped develop and implement projects that addressed environmental issues plaguing the Town. Under the comprehensive stormwater management plan several special projects were completed: sewer enhanced nutrient removal; adding breakwaters to protect the beach and shoreline; and, restoring degraded wetlands, creating a living shoreline, and restoring the tidal marsh by improving tidal flushing.

To reduce the Town’s carbon footprint, Mayor Frazer assured the use of “green” building practices during construction of the Town Hall, Department of Public Works Building, and Welcome Center. Additional “green” components were implemented in the Town’s street light revitalization and water utility conservation plan. Today, North Beach is designated as a sustainable community due to these essential changes he implemented.

Mayor Frazer, a masterful politician and visionary, brought needed of Fame, which recognizes those who have served as municipal services to the Town by facilitating property acquisition, grant fund- officials for 20+ years. He willingly shares his knowledge and ing, donor contributions, and Town funds for the construction of the leadership skills by mentoring new elected officials. Mayor Frazer Twin Beaches Community Health Center, Bayside Boys and Girls continues to lobby for MML’s legislative priorities by attending and Club, North Beach Senior Center, and Bayside History Museum. speaking at Maryland General Assembly hearings, and reaching Mayor Frazer recognized the need to draw visitors to North Beach to out to Southern Maryland Municipal Association elected officials, help the economy so that businesses would prosper. With the beau- and Federal and State representatives to help further MML’s legisla- tiful beach and boardwalk, year-round special events, and diverse tive priorities each year. recreational opportunities, Mayor Frazer shaped North Beach into a community full of choices. The Town is regionally recognized as Mayor Frazer brought the eclectic Town of North Beach from its a day trip or overnight destination which was made possible by his downturn into a proud bayside community today. What makes desire to be on the forefront of social media and marketing efforts to Mayor Frazer so much more than a masterful politician with a distin- promote this town he calls home. His vision for the town resulted in guished career is the fact that he does it all for a larger purpose. He North Beach being named as one of the “100 Best Communities for transformed the Town’s civic life by creating settings where people Young People in 2012.” can meet, converse, share activities and relax. Because he saw the “glitter beneath the grit” and uniquely combined his broad vision Mayor Frazer has been active in the Maryland Municipal League for with a great deal of practical know how and political acumen, Mayor over two decades. Soon after being elected as Mayor, he attended Frazer brilliantly transformed North Beach into “The Jewel of the MML’s Orientation for Newly Elected Officials and saw the value Chesapeake.” of participating in League activities. Throughout his tenure, Mayor Frazer availed himself of training opportunities at the Maryland Mayor Frazer is a visionary who is highly respected by his peers, Municipal League conferences and encouraged the town council council and staff. In recognition of his leadership and accomplish- and staff to attend these events. Mayor Frazer served on MML’s ments, Mayor Mark R. Frazer will receive the Maryland Municipal Board of Directors and was elected League President in 2003- League’s Lifetime Achievement Award on June 12, 2018 during 2004. In 2015 he was inducted into MML’s Municipal Officials Hall MML’s summer conference in Ocean City. T

Municipal Maryland | May/June 2018 | 9 MML 2018 Achievement Award: LEAD: Solving Community Problems to Enhance Quality of Life Seat Pleasant – Medium City Winner: 3,000 – 10,000 Population

services for door-to-door transportation for the elderly and those with “My Seat Pleasant” App physical challenges and mobility issues. Specific staff are assigned to By Jeannelle B. Wallace, City Administrator, Seat Pleasant provide feedback to users via the app by responding to inquiries, and input data on the status of the issue, report or complaint, and when the issue is resolved and closed in real time. The application automatically The “My Seat Pleasant” app gives residents access to City services and immediately responds to users that the information was received whenever it’s convenient, 24/7. It’s an easy way for citizens to get and will be responded to shortly. answers to questions if they don’t know who to call at City Hall. The “My Seat Pleasant” app is accessible through mobile devices including What does the program cost? Androids, tablets, iPads, iPhones, and the City website. Individuals The program costs $1,000 per month. The City Council appropriates who want to report a non-emergency issue via Seat Pleasant’s official funding during the Fiscal Year budget adoption. website can do so by visiting a link labeled “My Seat Pleasant” at the bottom of the homepage seatpleasantmd.gov. Who benefits? While the program is geared toward residents, anyone who downloads Citizens often see things, have questions or concerns, and ponder or uses the app can get their questions answered and concerns whether to contact the police department, City Hall, public works, or resolved. This is particularly attractive to new residents and visitors wonder if it is an issue the City can resolve, or should be referred to who may want answers to frequently asked questions such as “When an outside agency. For example, what appeared to be an underground is trash picked up?” or “What is the quickest way to travel to downtown spring caused water icing at an intersection within the City. Rather than Washington DC or downtown Baltimore, Maryland?” Users can report taking time to determine who would handle this issue, simply reporting trash issues as well as public safety concerns anonymously and still the issue through the My Seat Pleasant App translated to a City staff receive feedback when the assigned staffer inputs data regarding the status.

Is the program innovative? The program is innovative because it is the first of a host of data driven technologies that Seat Pleasant is using as a part of its Smart City Initiatives. Our goal is to offer services that are better, faster, and personalized, making Seat Pleasant a City of Me using information and communication technology through the Internet of Things (IOT). It is also innovative because it supports transparency in governmental operations and provides critical data which drives the best decision- making practices.

Can you demonstrate tangible results? This program helps officials determine how well the City is doing in providing services to its residents. From December 21, 2017 through January 17, 2018, eight issues reported by users were all answered and resolved within one day. Five issues were closed within a half- day of the report. Users can access the most recent City Newsletter where they find helpful information. If residents missed notices or forgot member contacting Washington Suburban Sanitation Commission about an event, they can view event details by tapping on the icon. (WSSC) emergency services, which resulted in an inspection showing Residents also have access to alerts and other significant information. that the cause was an underground water main break. This program improves the quality of life for the community because it provides a convenient, transparent way for citizens to interact with the How is the program set up? staff, obtain prompt responses to inquiries, and get concerns addressed The program launched in March 2017, following a partnership with IBM without having to remember with whom they spoke, or remember an to “build a foundation establishing Seat Pleasant as A Smart City of office phone number, an extension, or even to whom their question, Excellence,” and in the initial phase of IBM developing cloud-based concern, or problem was directed. services to City residents. The program is user friendly and can be accessed by downloading “My Seat Pleasant App,” a free application Can other municipalities implement a similar program? through the Google search engine. Vendor services are provided Yes! The City of Seat Pleasant displayed the app and its functionality through SeeClickFix. Once downloaded, users can review the City’s at the Maryland Municipal League 2017 summer conference in the Code, submit questions, contact City departments, follow the City on Municipal MainStreet exhibit area so that other municipalities could social media, leave messages, and schedule a request for Call-a-Bus learn from our experience and implement a similar program. T

10 | May/June 2018 | Municipal Maryland MML 2018 Achievement Award - LEAD: Solving Community Problems to Enhance Quality of Life Gaithersburg – Large City Winner: Over 10,000 Population

Gaithersburg Book Festival This event promotes learning in a fun manner outside of the school By Ilana Guttin, Program Coordinator, Department of Parks, environment, supplementing classroom curricula and encouraging lifelong learning. Recreation & Culture, Gaithersburg The Gaithersburg Book Festival (GBF) is a unique and dynamic event GBF is an equal-opportunity experience. First of all, it’s free and open that promotes all things literary. Over 100 featured authors speak to to the public. Secondly, the festival incorporates a range of multi- audiences about their books and connect directly with fans. Music, cultural components and committee members actively seek a diverse exhibitors, workshops, food trucks, and children’s activities add to the range of authors. GBF includes a multi-lingual storying-telling tent, excitement and expand the event’s allure beyond bibliophiles. It was therapy dogs from Pets on Wheels, Braille educators from the National conceived and introduced by Gaithersburg Mayor Jud Ashman, and Federation for the Blind, Imagination Stage featuring folk arts and relies on a core committee comprised of City staff and a dedicated stories from around the world, books for sale in multiple languages, group of volunteers. Now entering its ninth year, GBF is a fixture in the and countless activities in the Children’s Village. Speaker panels community and a draw in the region. illuminate themes to engage people of diverse interests. Panel topics have included Searching for the Truth, Ready for Change, Believe GBF attracts over 20,000 people to in Yourself, Time Travel, Friends Misbehaving, Strong Girls Facing a quaint area surrounding City Hall the Unknown, Unexpected and our Concert Pavilion. It includes Odysseys, Finding Grace in Griffith Park, a scenic green space Unexpected Places, We the with a walking path, basketball courts, People, Poetry in Translation, tennis courts, and a playground. The Why the Right Went Wrong, location was purposely selected to and more. bring attendees to the Olde Towne section of Gaithersburg and provide GBF features innovative an opportunity to enjoy the tranquil components including a Singer- atmosphere. It also fulfills the mission Songwriter Stage, free writing of National Kids to Parks Day, and we workshops, auxiliary events partner with the National Park Trust throughout the year, and a to promote this celebration of the high school short story contest. outdoors. Anyone can walk through Writing workshops include the festival grounds and encounter a classes for teens and adults world-famous author; some stumble focusing on how to write college upon this large event because they essays, children’s books, hear the sounds of music coming from the Singer-Songwriter Stage mysteries, fictional novels, poetry, and short stories. The fun does or notice scores of canopies lining the streets. More than half of our not stop in May; GBF continues throughout the year with a variety attendees have been to the festival before and come prepared to of ancillary events such as author talks and a contest for students to strategically attend specific sessions and workshops. compose original short stories. Winners are recognized with prizes on- stage. These additional opportunities support the burgeoning writers There are a variety of reasons why the program is needed but and artists of our community. supporting literacy and fostering a love of reading and writing is a primary one. Maryland’s attention to literacy and general academic Based on our experience, planning a book festival requires significant achievement is exemplary, as evidenced in its national rankings. collaboration between a dedicated committee of volunteers in addition According to US News, our state is currently ranked #5 in the country to staff members from the Departments of Parks, Recreation and for overall education, including pre-k through higher education. Culture, Public Works, Police, Public Information Office, and partner Gaithersburg reflects this value of student success and houses organizations. It also requires an extensive budget but sponsors and many schools that have their own major achievements. However, in-kind sponsors can play a pivotal role in defraying costs. Since the a significant percentage of our local students face challenges event draws visitors to our City, engages citizens in literary activities, that threaten and sometimes hinder their academic growth. A and celebrates “the power of the written word,” GBF has become a “minority-majority” city since 2000, 60 percent of the population is staple in our community. Attendance and applications from best-selling non-white and Hispanic and currently ranks in the top three mid- authors increase each year. sized cities in the nation for “ethno-racial and linguistic diversity.” As part of the Metropolitan Washington DC region, Gaithersburg Ultimately, GBF serves citizens through its reflection of Gaithersburg’s has a disproportionately high number of low and moderate-income mission “to provide quality, cost effective, priority community services residents, significantly higher than in surrounding Montgomery County. for its citizens” and be a “great place to live, work, learn, and Economically disadvantaged residents sometimes lack resources play.” It supports the literacy needs of the community and beyond, to afford enrichment opportunities pertaining to reading and literacy. benefits many people of varied ages and cultural backgrounds, GBF functions as a place where young people and adults can come presents innovative programming, and is free to the public. GBF together to rally around literacy. It can inspire book-related clubs, put Gaithersburg on America’s cultural map and we hope other outings, contests, activities, and direct connections with authors. municipalities will implement a similar event. T

Municipal Maryland | May/June 2018 | 11 Seeking Volunteers for MML Committees

Are you interested in serving on one of MML’s committees in FY 2019?

If so, visit mdmunicipal.org and click on the Volunteer Opportunities bar in the center of the home page and indicate which of the following committees interest you:

• Conference Planning Committee • Engagement & Outreach Committee • Hometown Emergency Preparedness Committee HEPAC) • Legislative Committee

Volunteer forms will also be available at MML’s summer conference. Forms must be returned by June 22.

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12 | May/June 2018 | Municipal Maryland 2018 DISTINGUISHED SERVICE AWARD Delegate Carl Anderton, Jr.

As part of the statewide belt tightening on spending during the recession, Highway User Revenues (HUR) were cut for the first time in fiscal year 2010. Since that day, and in each successive year, MML made the restoration of HURs its top legislative priority. It has been a long nine-year road back with some successes along the way, but this year provided a major breakthrough, and Delegate Carl Anderton was a big reason why. This year, the Maryland Municipal League is pleased to recognize Delegate Anderton with MML’s highest service award for working to pass legislation in 2018 to restore HURs. Delegate Anderton will receive MML’s Distinguished Service Award on June 12 during the dinner at the League’s summer conference. A life-long resident of the lower Eastern Shore of Maryland, Delegate Anderton began his public service in 2001. By 2005, he was serving on the Delmar Town Commission and in 2011 he was elected Mayor. After serving on several MML committees, the League’s Board of Directors, and as MML President in 2013-14, he was of municipal budget uncertainty. Delegate elected to the Maryland House of Delegates Anderton was a co-lead sponsor on the House in 2014. As a strong supporter of the League’s bill and worked tirelessly behind the scenes legislative program every year, it was clear that and publicly to get these bills passed. Without Delegate Anderton from the very beginning had his help, this tremendous win for municipalities not forgotten his municipal roots. would probably not have occurred. MML’s priority legislation, HB 807/SB 516, “I have worked since my first year as Delegate which achieved final passage by the General in 2015 to pass a HUR bill; each year gaining Assembly in April 2018, will restore municipal more momentum, leading up to this year when HUR to about 85% of pre-recession levels for we finally made it happen,” said Delegate fiscal years 2020-2024. According to Delegate Anderton. Thanks to leaders like Delegate Anderton, “As a former mayor who has seen the Anderton, the recovery of a significant portion direct impact of these cuts to HURs, I cannot of these monies for five years will be a much- express enough gratitude to everyone who needed lifeline and we know that Delegate helped get this bill across the finish line.” Anderton will continue to work closely with MML The legislation that passed in 2018 is the closest as we continue to explore options together to to full municipal HUR funding that municipalities fully and permanently restore the long-standing have seen since the catastrophic cuts in FY transportation contract that’s been in place 2010. The bill provides five years of stable, for more than 70 years between the State of predictable funding, following up on ten years Maryland and its cities and towns. T

Municipal Maryland | May/June 2018 | 13 MML Membership #MadeitHappen in 2018

Impressive showing of municipal officials for House hearing on restoring HURs

With the 2018 General Assembly session behind undermined local zoning and permitting authority us, MML members can now celebrate the passage when addressing the siting of small wireless cell of legislation to restore municipal Highway User tower infrastructure around the State. Revenues (HURs) at approximately 85% of a historic high mark established back in 2009. The In all, MML had a banner year, largely due to the substantial restoration of municipal Highway User significant and ongoing involvement of MML’s Revenues has been a MML priority since revenues Board of Directors, Chapter leadership, Legislative were first slashed by 96% back in August of 2009, Committee leadership and members, and our two months into the State FY 2010 budget. In addi- membership at large. In addition to a huge member tion to the passage of HUR restoration legislation, turnout at both the House and Senate hearings on MML’s priority legislation to protect our residents’ MML’s priority legislation to restore HURs, members personal information under the Maryland Public embarked on an aggressive social media campaign Information Act also passed this session. MML’s that did not let up until both HUR restoration bills third priority was to ensure that the State did not passed. Leadership facilitated the development of preempt county and municipal efforts to deploy two public service announcements, which were small cell infrastructure in their jurisdictions in distributed widely on member cable channels, run accordance with local zoning and permitting regu- continuously on the League’s Facebook page, and lations. MML worked with stakeholders to deflect emailed to General Assembly members during the harmful legislation that would have completely legislative session. MML members were provided

14 | May/June 2018 | Municipal Maryland MML Membership #MadeitHappen in 2018

Impressive showing of municipal officials for House hearing on restoring HURs

with legislators’ social media information for Facebook and Twitter, so they could communicate to their legislators via social media about the need to pass legislation this year restoring municipal transportation funding.

In addition to achieving success with MML’s three legislative priorities this year, the League had an extremely successful year overall. The Legislative Committee supported 18 bills, of which 12 passed; and supported 15 bills with amendments, of which four passed. Of the 19 bills opposed by MML, 18 did not achieve passage, and the one bill that did pass was significantly amended such that the municipal impact was negligible. Beginning on page 16 you will find a write-up on each of MML’s three priority issues, as well as a short description of some of the more impactful legislation that MML tracked during the 2018 legislative session.

Municipal Maryland | May/June 2018 | 15 of an individual that is used by a governmental MML Priority Legislation entity or an elected official for the sole purpose of periodically sending news about certain activities or Highway User Revenue Restoration – SB . These bills enacted this session sending informational notices or emergency alerts. 516/HB 807 by the Maryland General Assembly will increase municipal Highway User Revenues (HURs) to 85% Introduced as emergency bills, the legislation of prerecession levels for five years beginning in progressed quickly through the legislative process. FY 2020. By 2024, cities and towns will receive Thanks to narrowly tailored language ensuring $39.8 million, up from $29.9 million budgeted for protection of government transparency, this legisla- municipal HURs and transportation capital grants tion had overwhelming support, passing the Senate for FY 2019. Both bills passed their respec- unanimously and the House by a vote of 132-4. tive houses of origin without a dissenting vote. The final FY 2019 municipal funding Wireless Facilities – Permitting and Siting levels were increased from the initial . The issue of siting small – SB 1188/HB 1767 budgeted level by $2.1 million as cell infrastructure is one that our membership has a result of late-session passage been dealing with for quite some time and is one of of a supplemental budget put a few attempts at local preemption that emerged forth by Governor Hogan. this session. MML, the Maryland Association of Counties (MACo), and Baltimore City staff met While HUR formula-based with wireless industry representatives in the fall levels would revert to current of 2017 to initiate discussions surrounding how local funding levels beginning in governments in Maryland were addressing the issue FY 2025, MML will continue and why the industry felt the need for a statewide to press for increased fund- bill to standardize the process. The industry has ing in the intervening years. proposed similar bills in many states, 14 of which Again, special thanks to MML passed a statewide bill that regulates siting of small member municipal officials cell infrastructure. who did a remarkable job in pursuing legislation to increase The version of SB 1188/HB 1767 as introduced municipal HUR funding during the was very similar to a draft that was presented 2018 Maryland General Assembly session. to MML and other stakeholders by the wireless industry before the beginning of the 2018 General Assembly session. The bill, opposed by MML, would Public Information Act – SB 477/HB 677 ). In 2017, several have broadly preempted local authority regarding (Emergency Legislation local government entities started receiving the siting of small cell infrastructure in municipal Public Information Act (PIA) requests for large rights-of-way in terms of the height of poles, size amounts of their residents’ personal information. of equipment, amount of fees, and other critical Montgomery County, for example, had numerous factors that would affect quality-of-life issues in individuals request all the contact information municipalities. The issue of where to place small of anyone who subscribed to their “Paperless cell infrastructure is inherently a local one, and this Airplane” newsletter and the newsletters sent to bill would have made it a state issue. constituents by council members. Montgomery County was forced to comply and released 219,000 unique email addresses in that case alone.

MML viewed these releases as a breach of trust and was further concerned that the publication of this information could cause municipal residents to unsubscribe from email lists resulting in a safety risk as residents would no longer receive crucial emergency information from their municipalities.

MML priority bills HB 677 and SB 477, sponsored by Delegate Pena-Melnyk and Senator Kagan, were signed by the Governor and went into effect the day after the General Assembly session adjourned. The law now requires a custodian to deny inspec- tion of a distribution list that identifies a physical address, an email address, or a telephone number

16 | May/June 2018 | Municipal Maryland Environment

Task Force on the Forest Conservation Act Offset Policy (SB 610)/Forest Conservation – Technical Study and MML Programmatic Review (HB 766). staff and foresters from several municipalities spent a great deal of time on SB 610/HB 766 upon introduction, offering amendments to change the direction of the legislation. As introduced the legislation started out as a significant rewrite of the State’s forest conservation program. The bill among its provisions would have changed the existing replanting ratio of 1 acre disturbed to 1/4 acre replanted to require that for every 1 acre removed, 1 acre would have to be replanted. SB 610 was further amended in a Senate voting session to then become a task force with a very unbalanced membership and a number of prescribed outcomes. MML opposed SB 610 as amended in the Senate but worked with the House Speaker’s staff and members of the House Environment and This bill was set to have a hearing in the Senate Transportation Committee on Finance Committee, but the hearing was cancelled the cross-filed HB 766 to offer due in part to its complex nature and late intro- amendments to require that duction date. MML and other bill opponents had the Department of Natural assembled several very strong panels to testify in Resources and other State the public hearing. While this was good news for agencies and local governments embark on a local governments in the short term, the expec- study over the summer to collect data pertinent to tation is that significant discussions among the reforestation and tree canopy efforts at the State industry and local governmental stakeholders and local levels. Despite passage of both the House will continue in the lead-up to the 2019 General and Senate bills in the House early in the day on Assembly session. the final day of the legislative session, neither bill passed the Senate in time to achieve final passage As part of MML’s advocacy on this issue, the by midnight on sine die, which resulted in the fail- League has been collecting examples of ordinances ure of both bills again this session. and agreements that municipalities in the State are thinking about drafting, currently working Use of Public Funds – Playground and on, or have already completed. This aggregation Athletic Field Surfaces – Preference and and cataloguing has two primary functions, to . Currently, Prohibitions – HB 505/SB 763 concretely show legislators that municipalities are local governments have no restrictions against actively addressing the issue of small cell siting at using State funds to pay for the installation of the local level and to share examples of completed natural or synthetic playgrounds or athletic fields. ordinances and agreements with municipalities that The bills sponsored by Delegate Miller and Senator are beginning the process. Manno, HB 505 and SB 763 respectively, would have prohibited local governments from using Currently there are about 15 municipalities that State funds to finance any portion of a project to are in the process of drafting or have completed build a new, or replace an existing playground or ordinances or agreements, with more express- athletic field with a synthetic surface and created ing interest in beginning the process. MML is a preference for natural surface materials. continuing to compile this information, as it will be critical to demonstrate that there is no need Many municipalities have historically preferred for a statewide bill on small cell siting when local synthetic turf for its comparatively lower burden governments are handling the issue already. of maintenance than traditional grass fields. Over

Municipal Maryland | May/June 2018 | 17 Natalie M. LaPrade Medical Cannabis . Commission Reform Act – HB 2/SB 1 Traditionally medical cannabis has not been an issue where the League has taken a position. However, in a true late-session twist, amendments were considered that altered aspects of land use and zoning, thereby bringing local governments into the mix. MML and MACo worked with Senate Finance Committee staff to achieve a consensus amend- ment that would have provided an option for a dispensary to relocate due to zoning hardship, while fully preserving local planning and zoning authority.

A second amendment, adopted on the Senate floor, implemented an approval/denial authority of the local government of the jurisdiction where the dispensary seeks to move. In concept this was the life of an artificial playground or athletic field, not a problem, but the wording of the amendment local governments can experience significant would have given denial authority to counties, even savings, especially when the State assists with in scenarios where dispensaries sought to relocate installation costs through Program Open Space in a municipality with zoning authority. This would funds and other programs. Without any reliable have set an unacceptable precedent that is found scientific studies that show health concerns, the nowhere else in local land use law. After much work Maryland General Assembly decided against taking by MML, the conference committee struck both action on this issue. amendments, putting the bill in its original form where MML had no position on the bills. The legis- lation passed on the final day of the 2018 legislative Agriculture – Mosquito Control – . session without harmful municipal amendment Notification to Municipalities – HB 400 This legislation requires the State, a county, or language. a bi-county agency to provide notification to a municipality of the location and planned date and Public Information Act and time of any pesticide spraying to control mosqui- Government Transparency tos in a municipality at least 24 hours before the Public Information Act – Revisions – SB State, county, or bi-county agency conducts the In each of the last three years, the 788/HB 1638. spraying. However, if it is determined that spraying League supported a MACo priority bill to allow the a pesticide is necessary to control the outbreak denial or redaction of body-worn camera footage of a virus, contagion, or similar public health from a Public Information Act (PIA) request when threat, notification must instead be provided to it depicts sensitive crimes or contains no footage the municipality as soon as practicable. relevant to an incident of interest. Several munic- ipalities have expressed a reluctance to adopt body-worn cameras in the absence of such laws.

This year, HB 1638 and SB 788, as introduced by Delegate Sydnor and Senator Kagan, also included language to clarify that Social Security numbers should always be redacted from governmental information or denied when disclosure is not required by law, and had the same provisions as MML’s priority PIA bills, HB 677 and SB 477, to protect sensitive information captured in distribu- tion lists used solely for governmental purposes.

In crafting this legislation, MACo assembled an impressive coalition of support for this measure, including the Maryland Coalition Against Sexual Assault, the Maryland Chiefs of Police and Sheriffs’ Association, and the Maryland Association of Boards of Education. Transparency groups, such as the MDDC Press Association and Common

18 | May/June 2018 | Municipal Maryland Cause, were comfortable with the bill as well. Unfortunately, the ACLU of Maryland took a much more restrictive approach to PIA requests than its national organization and lobbied in opposition. Largely due to some of the ACLU’s concerns, SB 788 was recommitted to the Senate Education, Health, and Environmental Affairs Committee where it languished for the remainder of the legislative session.

Municipal Elections – No Excuse . Current Absentee Voting – SB 730/HB 829 law requires that municipal governments provide the opportunity for registered voters to vote by absentee ballot. Many cities and towns require that those wishing to vote by absentee ballot provide a reason why they cannot vote at the polls and must instead vote by absentee ballot. SB 730/HB829 will MML has long supported this type of government prohibit a municipality from requiring an individual transparency and public involvement. Through to provide a reason that the individual cannot vote discussions with the bill sponsor, troubling provi- in person in order to vote by absentee ballot. sions of the bill were removed via amendment before passage of the bill. Ethics – Local Public Ethics – Meeting and . Under Reporting Requirements – SB 474 existing law, municipalities that are not exempted Planning & Zoning/Smart in whole or in part by the State Ethics Commission Growth must have ethics ordinances that are substantially Transportation – Complete Streets similar to Maryland’s ethics law. Those cities and Program – Establishment – HB 535/ towns must have a municipal ethics commission . During the summer of 2017, Delegate SB 407 that considers complaints and issues opinions Brooke Lierman (D-District 46-Baltimore City) and recommendations on actions and interests approached the League to discuss proposed that may be in violation of the requirements of legislation and to seek the League’s input. local ethics ordinances. SB 474 requires that each Delegate Lierman’s bill creates a Complete Streets local ethics commission must meet at least once Program which promotes the inclusion of multi- each year. The bill also requires each commission modal transportation elements into the design, to submit an annual report along with specified construction, and retrofit of locally maintained documents to its local governing body to show infrastructure through competitive matching the nature of each ethics commission’s activities grants. Municipalities become eligible for matching during the prior year. grants by adopting a local policy that is approved by the Maryland Department of Transportation. If awarded a grant, a municipality must use the Municipalities – Charter Amendments Currently, State law funds on only the design and planning of eligible – Procedures – HB 615. requires public notification of an amendment to a projects or the updating of design manuals. Grants municipal charter only after a resolution has been are funded through a discretionary appropriation passed. This is done by posting an exact copy of in the State budget. In addition, a workgroup will the resolution on a specified municipal building be established to assist the Department with the for 40 days following adoption and publishing a development of regulations to administer the summary of the amendment in a newspaper of program, and MML has a seat on the workgroup. general circulation in the municipality at least four times, at weekly intervals, and within the 40 days Five municipalities in the State have already after the resolution is passed. adopted a Complete Streets policy: Annapolis, Baltimore City, Frederick, Rockville, and Salisbury. HB 615 as passed will require that, before passing a The hope is that this bill will provide an incentive charter amendment resolution, a municipality must for more to follow suit. hold a public hearing on the proposed amendment and provide at least 21 days of notice prior to the (For a more detailed account of Complete Streets, public hearing. Many municipalities already have please see the article Complete Streets: Rethinking the a process for public notice and hearing prior to Way You Get Around Town in the April 2018 issue of passage of a charter amendment resolution and Municipal Maryland).

Municipal Maryland | May/June 2018 | 19 Land Use – Development Rights and Responsibilities Agreements (DRRA) . – Enhanced Public Benefits – HB 1390 MML initially opposed this bill as introduced in the House as it included several changes to the current DRRA process. With the help of several municipal attorneys, MML worked with the bill sponsor to amend the bill when it was heard in the Senate Education, Health and Environmental Affairs (EHEA) Committee late in session. MML supported the legislation as amended in the House. Despite a seeming lack of opposition, the bill languished in the Senate EHEA Committee without ever coming to a vote before midnight on the final day of the legislative session.

applicable service entity disconnects water or Air B&B – Business Regulation – Limited sewer service to a vacant property pursuant Residential Lodging – SB 1081/HB 1604. For the last several years there has been a push in to the bill, service must be restored. The bill the General Assembly to increase taxing account- also expresses the General Assembly’s intent ability for short-term rentals such as Airbnb, that homeowners have access to programs to HomeAway, and VRBO. As introduced by Senator assist them in making payment obligations for Astle and Delegate Frick, SB 1081 and HB 1604 were water and sewer services. focused more on the platforms than the home- owners who rent space in their properties. They • Foreclosed Property Registration – also included provisions that would have protected Updated Information – Notice to Local local authority. That said, the bills were viewed as This Governments – SB 222/HB78. too burdensome by some members and received legislation requires the Department of Labor, an early unfavorable report by the Economic Licensing, and Regulation to establish proce- Matters Committee. There was also no appetite dures that require a foreclosure purchaser to to move a heavily amended version of the bill in submit to the Foreclosed Property Registry the Senate that focused solely on the sales and (FPR) any change in property ownership use tax. within 21 days after the change is known to the purchaser. The bill also requires the Municipalities already have the authority to regu- Department, on receipt of an initial registration late limited residential lodging, and the sales and or any change to property ownership, to notify use tax is still due on each transaction, although by electronic means “authorized users” from there remains little transparency or accountabil- a county and a municipal corporation in which ity regarding taxes collected and remitted in this the property is located. industry. • Tax Sales – Vacant and Abandoned Under this legislation, Property – SB 951. Finance and Pensions all counties and municipal corporations are The following authorized to release liens for unpaid real Tax Sale/Foreclosure Bills. bills were enacted as a result of recommenda- property taxes or other charges and assess- tions by a Tax Sale Work Group that met over ments to facilitate a transfer of real property. the summer of 2017 to address non-payment of The bill also authorizes a county or municipal water bills, tax sale regulations, and landlord/ corporation to withhold certain real property tenant issues : from a tax sale and authorizes the governing body of a county or municipal corporation to • sell abandoned property at tax sale for less Environment – Water & Sewer Bills – SB authorizes a politi- than the total amount of certain taxes, inter- 709/HB 923. HB 923 cal subdivision, a sanitary commission, or est, penalties, and expenses. an authority that provides water and sewer services to (1) develop and implement service • Tax Sales – Homeowner Protections affordability programs to assist homeown- This bill authorizes a collector of – SB 952. ers having difficulty making payments for property taxes to withhold from tax sale any water and sewer services and (2) disconnect residential property when the total taxes due service to a specified vacant property. If the on the property amount to less than $250

20 | May/June 2018 | Municipal Maryland The original bill contained several other troubling provisions as well, including the option for one physician to certify that an officer is totally and permanently incapacitated, including mental incapacitation, and a definition of “alternative suitable employment” that would have made it nearly impossible to offer.

Many of the technical and glaring issues with this proposal were amended in the House Oversight Committee on Pensions. However, the potential cost of the bill alone was reason enough for MML to continue to oppose the legislation. On the last day of the session, HB 971 failed to progress through the Senate and officially died at the stroke of midnight.

SB 742/HB 686 – Income Tax – Wynne . Case – Local Government Repayments In 2015, the U.S. Supreme Court in Maryland in any one year. The bill also requires that a Comptroller v. Wynne, ruled that the application of mailing be sent by a collector of property Maryland’s local income tax to out-of-state income taxes to the owner of a property before earned by Maryland residents was unconstitu- the property is advertised for tax sale. The tional. Maryland local governments affected by mailing must include a separate insert that the decision were ordered to repay income taxes includes information about how a homeowner and interest to affected taxpayers dating back may access services and programs that may to 2006. The amount to be repaid was over $100 assist the homeowner to avoid tax sale costs million with municipal obligations making up over or foreclosure. 10% of the total.

Legislative action by the Maryland General Admissions and Amusement Tax – Assembly in 2015 authorized payment of the Limitations on Municipal Corporations HB 549 would have exempted from resulting liabilities to taxpayers from the Local – HB 549. the admissions and amusement (A&A) tax golf Income Tax Reserve Fund. That legislation and entertainment, drive-in movie theaters, skating further legislation enacted in 2016 required local rinks, and agritourism sites located in municipali- governments to repay the Reserve Fund in 40 ties. Stemming from a single issue in Cecil County, installments beginning in 2019. SB 742/HB686 this bill would have led to a significant statewide amended the payment schedule so that local negative impact on municipal revenue. Golf enter- government repayments to the Fund would begin tainment alone accounts for almost $900,000 in in 2021 rather than 2019. A&A tax revenue distributed to municipalities. With municipal taxing authority already limited, MML opposed this bill, which failed to come to a vote Legal in the House committee. Access to Maryland Courts Act – HB The Access to Maryland Courts 1270/SB 1042. Act, or a form of it, has appeared in the last several Pensions – Local Pension Systems – General Assembly sessions. This year’s bill would Special Disability Retirement Allowance . As introduced by Delegate Lisanti, HB have granted courts the authority to award attor- – HB 971 971 mandated that local government pension ney’s fees to a prevailing plaintiff in a case claiming systems provide a special disability retirement a constitutional violation by a government defen- allowance for public safety officials injured in the dant. As drafted, the bill would have captured a line of duty of at least 66.67% of the member’s multitude of cases leading to potentially drastic average final compensation plus an annuity that is increases in legal costs to municipalities. the actuarial equivalent of the member’s accumu- lated contributions. Not only would this have been Beginning in late 2017, MML along with MACo and the first ever mandated minimum benefit on local Baltimore City engaged in discussions with the pension systems, but it would have been costly for proponents over ways to reach a compromise. It municipalities and their employees. seemed that the goal of the bill was to make it easier for a plaintiff to acquire an attorney in cases

Municipal Maryland | May/June 2018 | 21 Civil Actions – Motor Vehicle Accidents Involving Pedestrians or Nonmotorized Vehicles – Comparative Negligence – SB . About once during every four-year period, a 465 bill is introduced to statutorily change Maryland from a contributory negligence standard to a comparative fault standard as it pertains to tort claims cases. Generally, in a tort case using contrib- utory negligence, if a plaintiff is found to be even partially at fault, the plaintiff is not entitled to collect damages. Under a comparative fault stan- dard, a plaintiff found to be partially negligent can still collect damages, but their payment is reduced because they were partially at fault in the incident.

SB 465 would have changed the standard in where the judgement sought was injunctive relief Maryland to comparative fault, but only in incidents or another form of no/low monetary payout, by involving a vehicle striking a pedestrian or bicyclist. offering the possibility of attorney’s fees added Although Maryland is one of only a handful of states onto the judgement of a prevailing plaintiff. These that uses a contributory negligence standard, it has “little guy,” cases are the type that traditionally been refined over time to represent a reasonable have been more difficult to find a willing attorney balance. MML along with MACo and many from the to bring an action in court. business community opposed the bill, which was reported unfavorably in Senate committee. However, the bill as written would have opened up the potential for attorney’s fees to a much wider group of cases than just those that the bill Next Steps was intended to impact. During several months To view the bills tracked by MML this session, of discussions, the local government coalition please visit mdmunicipal.org, click on “Legislative presented a series of ideas that would have Advocacy” and then “Bill Position Summary.” This narrowed the scope of the bill to include just the will take you to MML’s bill tracking page where you “little guy” cases while also providing tools for can click on the bill number and go to the Maryland local governments in the event of a lawsuit. In the General Assembly website where you will see all end, no consensus was reached and MML opposed relevant information pertaining to each bill, includ- the bill. Due to several factors including MML’s will- ing actual bill text and the fiscal note. ingness to discuss the bill with the proponents and a stronger showing in the public hearing than in While we have many to thank for the success of years past, neither bill was acted on in committee. the passage of MML’s priority legislation to partially restore municipal HURs, we also know that the bill only provides 85% of what could be considered Constitutional Amendment – Right to full funding through FY 2024. According to the Healthy Environment and Communities . This legislation would have amended legislation, after FY 2024, municipal HUR fund- – SB 873 the State Constitution to add clean air, a healthy ing drops from 2% of the total funding, which is environment, and drinkable water as constitutional approximately $38 million for the next four years rights in Maryland. While the intent of these beginning in FY 2020, back to the FY 2019 level of amendments may have had merit, the bill encom- 0.4%, or approximately $7 million. This was done passed other provisions that were problematic, to provide local governments five years to craft a particularly as it pertained to who has standing to plan to fully and permanently restore HURs begin- bring a lawsuit for a violation of these proposed ning in FY 2025. MML will engage with our local rights. Standing in Maryland has been carefully government partners and members of the General crafted over the years through case law and state Assembly leadership in the near future to begin statute to a balanced standard that determines to formulate a plan to ensure that this funding is who can and cannot bring forth a lawsuit. This not only maintained, but it is increased to the fully bill would have greatly expanded the universe of funded levels last seen in FY 2009. T potential plaintiffs who could claim standing and This article is a collaborative effort of MML’s legislative therefore litigate against a local government on team: Candace Donoho, Director, Governmental Relations, the grounds of a violation of the proposed rights. Bill Jorch, Manager, Governmental Relations & Research, MML opposed the bill which never received a vote Justin Fiore, Manager, Governmental Relations, and Jim in Senate committee. Peck, Research Specialist.

22 | May/June 2018 | Municipal Maryland 2018 Legislator Awards Municipal Super Stars 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 2018 General Assembly legislative session. Some of these legislators acted as lead sponsors of MML’s priority legislation to restore municipal Highway User Revenues and to close a dangerous loophole in the Maryland Public Information Act to protect personal information. Beyond sponsoring legislation, these individuals worked closely with MML to monitor numerous bills, worked to protect Maryland’s municipalities from harmful legislation, and remained in close contact with MML members and staff throughout the General Assembly session. Senators George C. Edwards – District 1 – Allegany, Garrett & Washington Counties Cheryl C. Kagan – District 17 – Montgomery County Edward J. Kasemeyer – District 12 – Baltimore & Howard Counties Richard S. Madaleno, Jr. – District 18 - Montgomery County Thomas V. “Mike” Miller, Jr. – District 27 – Prince George’s, Charles, and Calvert Counties

Delegates Kumar P. Barve – District 17 – Montgomery County Pamela G. Beidle – District 32 – Anne Arundel County Michael A. Busch – District 30 – Anne Arundel County Tawanna P. Gaines – District 22 – Prince George’s County Maggie L. McIntosh – District 43 – Baltimore City Joseline A. Pena-Melnyk – District 21 – Anne Arundel and Prince George Counties

Friend of Municipal Government The following members of the Maryland General Assembly have earned the “Friend of Municipal Government” award to recognize their strong support of municipal government during the 2018 legislative session. These individuals advocated publicly on behalf of Maryland’s municipalities in committee hearings and/or during General Assembly floor sessions. Senators Joanne C. Benson – District 24 – Prince George’s County Robert Cassilly – District 34 – Harford County Adelaide Eckardt – District 27 – Caroline, Dorchester, Talbot & Wicomico Counties Brian J. Feldman – District 15 – Montgomery County Nancy J. King – District 39 – Montgomery County James N. Mathias, Jr. – District 38 – Somerset, Wicomico & Worcester Counties

Delegates Jefferson L. Ghrist – District 36 – Caroline, Cecil, Kent & Queen Anne’s Counties Marvin E. Holmes, Jr. – District 23B – Prince George’s County Anne R. Kaiser – District 14 – Montgomery County Carol L. Krimm – District 3A – Frederick County Stephen W. Lafferty – District 42A – Baltimore County Brooke Lierman – District 46 – Baltimore City Karen Lewis Young – District 3A – Frederick County Neil C. Parrott – District 2A – Washington County William J. Wivell – District 2A – Washington County

Municipal Maryland | May/June 2018 | 23 Bravo Zulu, Karen Abendschein Bohlen! by Scott A. Hancock, Executive Director

On June 30, MML’s longest serving team member and “legend of our time” will retire from League service after 47 years with this wonderful association! Karen A. Bohlen began her long career with MML as an Editorial Assistant on February 16, 1971. Through the years, she held increasingly demanding and challenging “official” positions including Administrative Assistant to the Executive Director, Staff Assistant, Managing Editor of the League’s publications, Staff Associate, Senior Staff Associate, Associate Director, Acting Executive Director and as MML’s Assistant Executive Director for the past 20 years. “Unofficially,” she is known as Conference Guru, Organizer-in-Chief and Proofreader 2017 – Karen helps with donations to Maryland Food Bank after summer conference dinner. Par Excellence. When Karen began working for MML, our staff of seven was in cramped quarters at 76 Maryland Avenue in downtown Annapolis with no off-street parking and little meeting space. The MML summer convention was held in the old, nondescript Ocean City Convention Center and later at the Carousel Hotel and Princess Royale Hotel. There were approximately 500 attendees, 10 workshops, and nine exhibitors at Karen’s first convention in 1971. MML’s monthly publication, 1971 – exhibit area then titled Maryland Municipal News, with a circulation of 1,500, was printed in black and white. Today, thanks to initiative and engage- ment from MML’s elected leaders and superb facilitation by Karen, MML headquarters moved to our current home on West Street with plenty of off-street parking and ample room to grow. Our annual summer conference in Ocean City now hosts nearly 2,000 people at the beautifully renovated Ocean City Convention Center. Last year the agenda included 43 sessions, and our exhibit area is maxed out with 234 booths and a large display area 2017 – exhibit area

24 | May/June 2018 | Municipal Maryland 2002 – Karen with keynote speaker Edward James Olmos. for public works vehicles. The award winning Municipal Maryland magazine is now a full-color, professionally produced periodical with a circulation of 2,000. Yes, much has changed during the 47 years Karen Bohlen has faithfully served MML’s membership, except for Karen 1972 – Karen and MML 1966-67 President Henry herself. Her superb organizational skills, her keen eye for Purdy at meeting in Easton with Australian good copy and presentation, her behind-the-scenes, steady municipal officials. presence, her commitment, passion and love for Maryland’s municipal governments and its leaders has remained constant. Focused. Accountable. Data-Savvy. Many of the MML “old-timers” know that Karen grew up in Annapolis. Her family had close ties to the United States Naval Academy, her father’s final duty station during his 30 year military career. I think it is fitting that I borrow a congratulatory Navy phrase and well known Irish blessing CHECK OUT to recognize the work-life transition of this professional and unassuming municipal “servant”: THE NEW On behalf of the countless elected and appointed municipal officials of Maryland, some still serving and so many who MML BOARDDOCS! are no longer with us, Bravo Zulu and Happy Retirement, Our board management services Karen! 47 Years Well Done! Well Done indeed! Thanks have a fresh new look! for preparing the way for all of those who have already followed and for all those who will follow your lead into an Enhanced mobile & tablet experience even brighter MML future! The most important information all in one place May the road rise to meet you, Clean, updated look & feel may the wind be ever at your back. Learn More! May the sun shine warm upon your face, BoardDocs.com | 1 (800) 407-0141 and the rains fall soft upon your fields.

©2017 Emerald Data Solutions™, Inc. BoardDocs® is a registered And until we meet again, trademark of Emerald Data Solutions. All rights reserved. may God hold you in the palm of his hand.

Municipal Maryland | May/June 2018 | 25 events & UPCOMING meetings MARYLAND MUNICIPAL LEAGUE • 410-268-5514 MEETINGS SUMMER CONFERENCE June 10-13, 2018 • Ocean City Convention Center May 2018 June 23-26, 2019 • Ocean City Convention Center

events 3 Municipal Attorneys Department, Grasonville FALL CONFERENCE 4 Code Enforcement and Zoning Officials

October 10-12, 2018 • Annapolis meetings Association, New Carrollton October 13-15, 2019 Cambridge 9 Southern Maryland Chapter, Indian Head NATIONAL LEAGUE OF CITIES • 202-626-3105 16 Joint Carroll & Frederick Chapters, Mount Airy CITY SUMMIT 17 Prince George’s Chapter, Riverdale Park November 7-10, 2018 • Los Angeles, California 17 Montgomery Chapter, Poolesville November 20-23, 2019 • San Antonio, Texas 17 Engagement & Outreach Committee, Annapolis 21 Washington Chapter, Hagerstown CONGRESSIONAL CITIES CONFERENCE 23 Allegany/Garrett Chapter, Cumberland March 10-13, 2019 • Washington, DC March 8-11, 2020 • Washington, DC 30 Executive Committee, Annapolis

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Municipal Maryland | May/June 2018 | 27 The Maryland Municipal League

Representing Maryland's Cities and Towns

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