COUNTY COMMISSIONERS SCHEDULE TUESDAY, MAY 28, 2019 LEGISLATIVE DAY

1. CALL TO ORDER 5:15 p.m. Administrative Function “Boards/Commissions”

5:30 p.m. Call to Order, Pledge of Allegiance, Moment of Silence, Approval of Agenda

Accept County Commissioners’ Minutes - Regular Minutes – May 21, 2019 - Closed Session – May 21, 2019

Press and Public Comments**

2. NEW BUSINESS 5:35 p.m. Mr. Todd R. Mohn, PE, County Administrator “Presentation of Documents for Signatures and Weekly Correspondence” Action 1. 2019 QAC Multi-Jurisdictional Hazard Mitigation Plan - Resolution 19-04 2. QAC – Beach to Bridge Plan Letter 3. MOU for Funding Assistance with a Broadband Feasibility Study 4. FY19 Department of Parks Vehicle Replacement 5. NACo Voting Credentials – 2019 Annual Conference

Documents:

05.28.2019Action.pdf 05.28.2019Coorespondence.pdf

3. PRESENTATIONS 5:45 p.m. Ms. Pennie Gill on behalf of Queen Anne’s County Council for Children and Youth and Community Partnership for Children and Families “Jackie Carter, Young People Who Care Award”

Ms. Kelly Huber, Character Counts Coach Specialist Character Counts! “Faye Lister Teen of Character Scholarship”

Ms. Kelly Huber, Character Counts Coach Specialist Ms. Karey Anne Coppage and her 2nd grade class at Centreville Elementary school Character Counts! – “Fairness”

6:00 p.m. Public Hearing County Ordinance 19-06 – Holding Periods for Impounded Animals Under the Age of Three Months

6:05 p.m. Public Hearing County Ordinance 19-07 – a Citizen Sponsored Text Amendment to Revise References to the 2002 Queen Anne’s County Comprehensive Plan in Chapter 18:1 of the Code of Public Local Laws of Queen Anne’s County

Mr. Steven Chandlee, Director “Department of Parks and Recreation Update”

Legislative Session County Ordinance 19-10 - Repeal and Re-Adoption with amendments of the Local Public Laws of Queen Anne's County, Chapter 14, CHESAPEAKE BAY CRITICAL AREA ACT, Official Chesapeake Bay Critical Area Overlay Map Number 56 (to be introduced)

County Ordinance 19-11 - Establishment of a Tax Credit Against County Property Tax on Certain Real Property Owned by Volunteer Fire Department Members (to be introduced)

Press and Public Comments**

Documents:

ORD 19-06.Pdf ORD 19-07.Pdf

4. REPORTS Commissioner’s Roundtable

7:00 p.m. Adoption of the FY2020 Operating and Capital Budgets

* Please note that Schedule times are subject to change, except for public hearings. PUBLIC COMMENT SIGN-IN SHEET WILL BE AVAILABLE 1 HOUR PRIOR TO THE MEETING.

** Press and Public Comments at the beginning of the meeting will last 15 minutes. Additional time will be available at the end of the meeting for anyone wishing to speak. Comments are limited to 3 minutes in length. Comments longer than 3 minutes must be submitted in writing. PUBLIC COMMENT SIGN-IN SHEET WILL BE AVAILABLE 1 HOUR PRIOR TO THE MEETING.

*** Part of the meeting may be closed to the Public in accordance to the Open Meetings Act procedures.

****Agendas will be posted by 4:30 pm the Friday prior to the meeting. The meeting attachments will be posted on the agenda by 4:30 pm the Monday prior to the meeting.

Three or more of the County Commissioners will be attending the following events in the next few weeks: 5/31 Kent Island High School Commencement 6/1 Sudlersville Community Laundromat Grand Opening 6/6 FEC Meeting COUNTY COMMISSIONERS SCHEDULE TUESDAY, MAY 28, 2019 LEGISLATIVE DAY

1. CALL TO ORDER 5:15 p.m. Administrative Function “Boards/Commissions”

5:30 p.m. Call to Order, Pledge of Allegiance, Moment of Silence, Approval of Agenda

Accept County Commissioners’ Minutes - Regular Minutes – May 21, 2019 - Closed Session – May 21, 2019

Press and Public Comments**

2. NEW BUSINESS 5:35 p.m. Mr. Todd R. Mohn, PE, County Administrator “Presentation of Documents for Signatures and Weekly Correspondence” Action 1. 2019 QAC Multi-Jurisdictional Hazard Mitigation Plan - Resolution 19-04 2. QAC – Beach to Bridge Plan Letter 3. MOU for Funding Assistance with a Broadband Feasibility Study 4. FY19 Department of Parks Vehicle Replacement 5. NACo Voting Credentials – 2019 Annual Conference

Documents:

05.28.2019Action.pdf 05.28.2019Coorespondence.pdf

3. PRESENTATIONS 5:45 p.m. Ms. Pennie Gill on behalf of Queen Anne’s County Council for Children and Youth and Community Partnership for Children and Families “Jackie Carter, Young People Who Care Award”

Ms. Kelly Huber, Character Counts Coach Specialist Character Counts! “Faye Lister Teen of Character Scholarship”

Ms. Kelly Huber, Character Counts Coach Specialist Ms. Karey Anne Coppage and her 2nd grade class at Centreville Elementary school Character Counts! – “Fairness”

6:00 p.m. Public Hearing County Ordinance 19-06 – Holding Periods for Impounded Animals Under the Age of Three Months

6:05 p.m. Public Hearing County Ordinance 19-07 – a Citizen Sponsored Text Amendment to Revise References to the 2002 Queen Anne’s County Comprehensive Plan in Chapter 18:1 of the Code of Public Local Laws of Queen Anne’s County

Mr. Steven Chandlee, Director “Department of Parks and Recreation Update”

Legislative Session County Ordinance 19-10 - Repeal and Re-Adoption with amendments of the Local Public Laws of Queen Anne's County, Chapter 14, CHESAPEAKE BAY CRITICAL AREA ACT, Official Chesapeake Bay Critical Area Overlay Map Number 56 (to be introduced)

County Ordinance 19-11 - Establishment of a Tax Credit Against County Property Tax on Certain Real Property Owned by Volunteer Fire Department Members (to be introduced)

Press and Public Comments**

Documents:

ORD 19-06.Pdf ORD 19-07.Pdf

4. REPORTS Commissioner’s Roundtable

7:00 p.m. Adoption of the FY2020 Operating and Capital Budgets

* Please note that Schedule times are subject to change, except for public hearings. PUBLIC COMMENT SIGN-IN SHEET WILL BE AVAILABLE 1 HOUR PRIOR TO THE MEETING.

** Press and Public Comments at the beginning of the meeting will last 15 minutes. Additional time will be available at the end of the meeting for anyone wishing to speak. Comments are limited to 3 minutes in length. Comments longer than 3 minutes must be submitted in writing. PUBLIC COMMENT SIGN-IN SHEET WILL BE AVAILABLE 1 HOUR PRIOR TO THE MEETING.

*** Part of the meeting may be closed to the Public in accordance to the Open Meetings Act procedures.

****Agendas will be posted by 4:30 pm the Friday prior to the meeting. The meeting attachments will be posted on the agenda by 4:30 pm the Monday prior to the meeting.

Three or more of the County Commissioners will be attending the following events in the next few weeks: 5/31 Kent Island High School Commencement 6/1 Sudlersville Community Laundromat Grand Opening 6/6 FEC Meeting j) a. Jurisdictional On for Multi-Jurisdictional S&S Cc: To: be Date: and Emergency has Re: 0MEI? Recommended Resolution Disaster From: ‘‘4NNES Federal compliant the May been understand Planning next Emergency 21, Mitigation O’ approved Todd Scott 2019 5/23/2019 BoardofCountyCommissioners 19-04. five Services 2019 1- with Is & Queen 0 Hazard A. C, Mohn, years. the Design Motion: the the Haas. Following Act Hazard by plan, Management Queen will Queen standards Anne’s County the of EMS Mitigation [[C DES be 2000 which I Maryland 100 move Mitigation • Annes meeting the Communications Anne’s Cour presented Administrator Dire Communications we wil County established Phone to otorQi. Agency County are Plan make adopt Multi-Jurisdictional County Emergency with Plan 410.758 seeking the adoption through each us • Department (FEMA) to the Drive Emergency final in Department 4500 fully

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17 NATIONAL ASSOCIATION °ICOUNTIES

MEMORANDUM

TflrD’ f’ L. p ELECTION OF NACo OFFICERS AND VOTING ON POLICY MAV9 19 phi:47 To: County Board Chairpersons, Parish Presidents, Borough Mayors, County Judges, Elected County Executives and County Clerks From: Greg Cox, NACo President Date: Mayl6,2019

Subject: Voting Credentials — 2019 Annual Conference

NACo is preparing for the 84th Annual Conference to be held July 12-16, 2019, in Clark County, Nev. It is important that your county participates in the association’s annual election of officers and voting on policy. In order to participate, a county must have paid its membership dues and have one paid registrant for the conference, according to NACobylaws.

Please read the enclosed information carefully. Indicate on the credentials form the name of the county voting delegate and alternate authorized to pick up your county’s voting materials.

A checklist is enclosed to assist you in filling out the voting credentials form. Additionally, the chief elected official of your county must sign the form. A chief elected official maybe a: • board chair/president • mayor • county judge • elected county executive

Please 1111out this form in advance and scan and e-mail, mail or fax the enclosed form by FRIDAY,JUNE28.

If no one from your county is planning to register for the conference, you do not have to turn in the credentials form.

Email: [email protected]

Mail: Credentials Committee Attn: Lauren Wilson National Association of Counties 660 North Capitol St, NW Suite 400 Washington, DC 20001

Fax: 866.370.9421

For questions, please contact Lauren Wilson, Credentials Committee Liaison, at [email protected] or 888.407.NACo (6226), direct line: 202.661.8840. We look forward to seeing you in Clark County.

660 NO’- CAPITOL STREET NORTHWFST SUITE 0C STRONGERCOUNTiES STRONGER AMERI WASHINGTON, DC 20001 202.393.6226 FAX202.393.2630 ww,v NACo org 181 NATIONAL ASSOCIATION °ICOUNTIES

2019 Credentials Process Frequently Asked Questions

On what issues or for which candidates do counties/parishes/boroughs vote? Counties vote on resolutions that set NACo legislative and association policy for the coming year. Delegates also elect NACo officers for the coming year. The second vice president is typically the only contested position.

How can my county vote? A county must be a NACo member “in good standing” in order to vote. This means your county’s dues for 2019 must be paid before the voting occurs. Also, the county must have at least one paid registration for the annual conference and have proper credentials.

What are credentials? Credentials attest to a county’s eligibility to vote. Credentials contain information on the number of votes a county is eligible to cast, as well as the identity of the delegate that is authorized to cast the county’s vote.

How is the credentials form distributed? The form is mailed in May to the clerk and chief elected official of member counties so that the county can provide the name of the voting delegate to NACo. Conference registrants will receive an e-mail with a link to the credentials form as well. Only counties that have paid their 2019 NACo dues will receive a credentials form. Please return this form by Friday, June 28, 2019.

Why did I receive a credentials form? You are receiving this form because you are the chief elected official at your county, your county’s clerk, or you registered for the 2019 NACo Annual Conference. If you wish to vote, please bring the credentials form to your chief elected official to fill out and realm to NACo. Please see this packet for more instructions on the form.

My county has misplaced the credentials form. What should I do? The credentials form is available in the Elections and Voting Credentials section of the NACo website (www.naco.org/credentials). After you download, print, and fill out the form correctly, you can return it to NACo. Please call Lauren Wilson at 202.661.8840 if you need assistance.

If my county is not registering for the Annual Conference, does my county have to send in the credentials form? No. Only counties who register may vote. Please do not return the credentials form to the NACo office if your county does not plan to register for the Annual Conference.

What is a voting delegate? A voting delegate is someone authorized by your county/parish/borough board to pick up a ballot and cast your county’s votes at the annual conference. The delegate must have a paid registration to the conference.

660 NORTH CAPITOL STREET NORTHWEST SUITE 400 STRONGER COUNTIES. WASHINGTON, DC 20001 202393 6226 FAX202393.2630 www.NACo.org sTRoNrM NATIONAL ASSOCIATION °ICQUNTIES

Who may be a voting delegate? Any elected or appointed official or staff’ member from your county/parish/borough may be a voting delegate. That decision is up to your county board.

Vhat is an alternate? An alternate is another elected or appointed official or staff member from the county delegated by the county to pick up and cast its ballot. The alternate must have a paid registration to the conference. The delegate or alternate listed on the credentials form may pick up your county’s ballot.

My county has only one person attending the conference. Does my county have to designate an alternate? No. It is not necessary to list an alternate if a delegate is named.

Whose ballots may the state associations of counties/parishes/boroughs receive? Your state association of counties/parishes/boroughs is allowed to pick up any unclaimed ballots from counties/parishes/boroughs that have registered delegates. The pick-up time for state associations is Sunday afternoon (2 to 5 p.m.) during the conference. The state association may then cast those ballots in the election.

My county does not want our state association to pick up our votes. How does my county go about indicating this decision? You must check the box that says “lf my ballot is not picked up, I DO NOT AUTHORIZE my state association to pick up or cast mr county ‘s vote. I understand that im county s votes will NOT be cast f I select this option. ‘‘ Please remember that your county’s votes will not be cast at all with this option ifyour delegate does not pick up the ballot.

If I do not get my credentials form into the NACo office by June 28, may I become credentialed on site at the conference? Yes. You may bring the original credentials form signed by your chief elected official or fill out the on-site ballot form. By signing the on-site ballot form you declare that you and the other conference attendees from your county have agreed that you are the voting delegate for your county. You must be registered for the conference to be able to vote.

What happens if multiple registered attendees from my county completes the on-site ballot form? If there is uncertainty as to who the authorized delegate is, and more than one person claims to be your

county’s authorized delegate, officials from your county will need to resolve the dispute by 1 p.m. PDT on Sunday July 14, 2019. Unless the dispute is resolved, your county’s votes will not be counted. To resolve the dispute, all registrants who filled out the on-site ballot form are required to agree as to who is the individual authorized to cast their county’s votes and communicate that to Lauren Wilson, Credentials

Committee Liaison, at the Credentials Desk by 1 p.m. PDT on July 14, 2019.

C

660 NORTH CAPITOL STREET NORTHWEST SUITE 400 STRONGER STRON( VVASHINGTON. DC 20001 202 3936226 FAX202 3932630 wwwNAC0org I COUNTIES NATIONAL ASSOCIATION °ICOUNTIES

How do I get my ballot? When you submit your credentials form NACo staff prints out a paper ballot to bring to the NACo Annual Business Meeting. In order to vote you will need to pick up this paper ballot at the NACo Credentials Desk.

Your county has until 1 p.m. on Sunday, July 14 to come to the Credentials Desk and pick up your ballot.

If you do not pick it up by 1 p.m. your state association can then pick up your vote until 5 p.m. unless you check the box on the form to not permit them. If you check that box and do not pick up your own ballot your county will not be permitted to vote.

What would happen if! have picked up my ballot, but need to leave before the election? If you have picked up the ballot for your county but will not be present to cast it at the NACo Annual Business Meeting on Monday morning, you can give that ballot to a delegate from your same county, from another active member in your state, the head of your state delegation, or your state association president or president’s designee. To do this, you (transferer) and the person you are handing the ballot to (transferee) must sign the Record of Ballot Transfer form on the back of your ballot.

If county won’t be attending this year’s Annual Conference, can we still vote? Yes. Your county can still have its votes counted without attending the conference, but one person from your county still needs to register. You must have at least one person registered by 12 PM PDT on July 9. If you register, do not plan to attend and wish to vote, you must designate your state association president as your delegate on the Credentials Form. Your state association president or his/her designee vill pick up and cast your ballot.

How does NACo determine the number of votes each county receives? The number of votes is determined by the amount of dues a county pays. Dues are based on population. All counties are entitled to at least one vote. Members with more than $1,199 in dues are entitled to one additional vote for each additional $1,200 in dues or fraction thereof paid in the year the meeting is held. • Counties with dues of $450 to $1,199 receive one vote. • Counties with dues of S1,200 to $2,399 receive two votes, and so on. • The maximum number of votes a county can receive is 51.

l’Iy county has 10 votes. How’ can our 25 commissioners divide or share the votes? That is up to your county. NACo has no rule as to how counties decide to allocate their votes. Counties may split their vote amongst the candidates running for second vice president if it is desired.

I’ve heard the term “unit vote” used. What is that? Some states, by custom or policy, cast all of their votes as a block or “unit.” State associations typically have a meeting before the election to determine how they will handle the voting process. • Check with your state association regarding the time, date and location of this meeting. • NACo bylaws permit each county to cast its vote as it chooses. Your county does not have to vote with your state association should you so choose.

660 NORTH CAPITOL STREET NORTHWEST SUITE 400 STRONGER COUNTIES. STRONGERAM4f WASHINGTON, DC 20001 I 202 393.6226 FAX202.393.2630 www.NACo.org NATIONAL ASSOCIATION eICOUNTIES C

When does the voting take place? This year’s election is on Monday, July 15, 2019 at 9:30 am. at the NACo Annual Business Meeting.

How does the voting occur? Votes are cast by state, not by state association. Counties from a state sit together as a delegation. The reading clerk will call out states at random. A state appointed representative will approach the microphone and call out that state’s vote. This will continue until one of the candidates has a majority of the total number of votes being cast. Voting may still continue after a majority has been reached.

What is a roll call? Roll call is a way of voting for NACo resolutions to be passed. If a roll call is necessary, the names of the states will be read out in alphabetical order by the reading clerk. A slate appointed representative will approach the microphone and call out that state’s vote as “yes” or “no.” This will continue until all votes have been cast.

What happens if there is a dispute over the election process? It is rare, but sometimes irregularities occur with how votes are cast or counted, or how the credentialing process is conducted. As a safeguard, elections may be challenged during the voting process at the NACo Annual Business Meeting. Challenges are allowed under two circumstances. A voting delegate may challenge the vote for his/her state, and his/her state only. A candidate running to become a NACo officer may challenge the vote of any state. If a challenge is made, the NACo Credentials Committee may audit the ballots of a state delegation to ensure that the number of votes the state is casting matches the number of ballots the state has. The committee may also audit the ballot transfer records on the back of each ballot and the State Voting Totals Form, which is a form states till out showing the number of votes cast for each candidate.

For questions, please contact Lauren Wilson, Credentials Committee Liaison, at credenhialsnaco.oig or 888.407.NACo (6226), direct line: 202.661.8840.

660 NORTH CAPITOL STREET NORTHWEST SUITE 400 STRONGERCOUNTIES STRONGER ‘ii WASHINGTON, DC 20001 202 393 6226 PAX202 393 2630 wwwNACo.org 22 ______

NATIONAL ASSOCIATION °ICOUNTIES

Credentials Checklist

Please use the following checklist before returning the credentials form.

Has my county/parish/borough paid its 2019 NACo dues?

If no, please contact NACo ‘sMembership department at 888.407.NACo (6226). 2019 dues must be paid before votes may be cast.

Has my county/parish/borough registered or at least one person from my county/parish/borough paid the registration fee to attend the armual conference?

If no, there is no need tofill out theform. The county must have at least one paid conference registrant to cast a ballot, according to NACo ‘sbylaws. If no onefrom your county is registered for the conference, your county may not vote in the election. Ifyour county does not plan on registering for the conference, you do not need to turn in thisform to the NACo office.

If you have answered “YES” to both of the above questions, please continue.

Has my county designated a voting delegate and alternate, if applicable?

Oniy one alternate may be designated per county. If more than one alternate is designated per forn2, only thefirst will be counted as the credentialed voting alternate.

Has the chief elected official of my county/parish/borough (board chair, mayor, parish president, elected county executive, etc.) signed the credentials form?

If you have answered “YES” to all questions, please either fax, mail, scan or e-mail the credentials form by Friday, June 28, 2019 to:

[email protected] Or: Credentials Committee Attn: Lauren Wilson National Association of Counties 660 North Capitol St., NW Suite 400 Washington, DC 20001 Or:

Fax: 866.370.9421

For questions, please contact Lauren Wilson, Credentials Committee Liaison, at [email protected] or 888.407.NACo (6226), direct line: 202.661.8840.

660 NORTH CAPITOL STREET NORTHWEST I SUITE 400 STRONGERCOUNTIESSTRONGERAMER WASHNGTON, DC 20001! 202.3936226 FAX202.393.2630 www.NACo.org 23 ______

Please complete and By signing this form you are declaring NATIONAL and other conference RETURN FORM BY that you the ASSOCIATION attendees from your county have fCOUNTIES JUNE 28, 2019 to: agreed that you are the voting delegate Credentials Committee / NACo for your county. Attn: Lauren Wilson 660 North Capitol St. NW, Suite 400 Washington, DC 20001 Ifyour ballot is not picked up at the 2019 Annual Conference the You may also scan and e-mail this President of your State Association form to [email protected], fax will pick up and cast your county’s 2019 to 866.370.9421 or have the voting votes unless you check the box delegate(s) carry it with him/her to the below. CREDENTIALS NAC0 Annual Conference and present it at the Credentials Desk. If my ballot is not picked up, D I DO NOT AUTHORIZE my VOTING Ifyou do not plan on registering for the state association to pick up or cast 2019 Annual Conference, there is no my county’s vote. I understand that need to filLout and return this form. my county’s votes will NOT be cast

Your county/parish/borough MUST if I select this option. have at least one paid conference registration to be able to vote.

PLEASE TYPEOR PRINTIN BLOCKLETTERS.

County/ Parish! Borough State

I I I I I Name your county! parish /borough’s delegate (s)

Designated County Delegate First Name Last Name

I I I I I I I I I EliThilJob Title / Description County Alternate First Name Last Name

I I IIE;IIfr I Job Title / Description

1111 I I I I I I I I I I I III El I Please note: This form must be signed by the CHIEF ELECTEDOFFICIALfrom your county. Submissions without an appropriate signature will not be accepted

Signature of Chief Elected Official Date Cell Number (Board President/ Chair/ elected County Executive! Judge! Mayor)

Print Name Title

24 JASON M. STANEK

CIIA IRIA

IICl-IAEL T. RICHARD ANFIIONV J. O’I)ONNELL 000C,WU OBI LINTON IINDV U. hERMAN PUBLIC SERVICE COMMISSION

May 15, 2019

In the matter of the application of Bluegrass * Solar, LLC for a Certificate of Public Convenience and Necessity to construct a Case No. 9496 80.0 MW solar photovoltaic generating facility in Queen Annes County, Maryland *

VIA FIRST-CLASS MAIL

The Honorable James J. Moran President Board of County Commissioners 107 North Liberty Street Centreville. Maryland 21617

Re: Second Public Comment Hearing !DillSRTOR’S OF Dear President Moran: Y 17 ‘i p.2:1

Pursuant to Sections 7-207 and 7-208 of the Public Utilities Article, a person must obtain a Certificate of Public Convenience and Necessity from the Public Service Commission before beginning construction of either a generating station or electric company overhead transmission line designed to carry voltage in excess of 69.000 volts (or exercising the right of condemnation in connection therewith), unless exempted by Section 7-207.1 for certain generating stations up to 70 megawatts (“MW”).

Section 7-207, a copy of which is enclosed for your information, also provides for holding a public hearing in the jurisdiction where the facility is to be constructed ( 7-207(d)). This public hearing is to be held by the Commission and the local governing bodies in the area unless the governing body or bodies choose not to participate.

Bluegrass Solar. LLC (“Bluegrass Solar’) filed an application with this Commission for the construction of an 80.0 MW solar photovoltaic generating station and associated facilities, a copy of which was previously furnished to you. This application has been docketed as Case No. 9496. The enclosed Public Utility Law Judge’s Notice of Second Public

WILLIAM DONALD SCHAEFER TOWER • 6 ST PAUL STREET • BALTIMORE. MARYLAND 21202-6806

410-767-8000 • Toll Free: 1-800-492-0474 • FAX 410-333-6495

MDR5: 1-800-735-2258 (TTY/Voice) • Website: w’wpsc state.md.us

;.[, 1 May 15, 2019 Page 2

Comment Hearing schedules this matter for a public hearing on June 18, 2019, at 6:30 p.m.. and Bluegrass Solar has arranged for the hearing to be held at Church Hill Elementary School. 631 Main Street, Church Hill, Maryland 21623.

I request that you advise me no later than June 14, 2019, whether you and/or any member of the Board of County Commissioners wish to sit jointly with me at the public hearing. If I do not hear from you on or before June 14, 2019, I will assume that neither you nor any Commissioner wish to sit jointly with me; however, either you or any Commissioner may. of course. attend the hearing and present whatever relevant staternenjyoueem appropriate.

Utility Law Judge

Enclosures cc: All Parties of Record

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8/6 N THE MATTER OF THE APPLICATION * BEFORE THE OF BLUEGRASS SOLAR, LLC FOR A PUBLIC SERVICE COMMISSION CERTIFICATE OF PUBLIC CONVENIENCE * OF MARYLAND AND NECESSITY TO CONSTRUCT AN 80 MW SOLAR PHOTOVOLTAIC GENER- * ATING FACILITY IN QUEEN ANNE’S COUNTY, MARYLAND * CASE NO. 9496

Issued: May 14, 2019

PUBLIC UTILITY LAW JUDGE’S NOTICE OF SECOND PUBLIC COMMENT HEARING

On November 13, 2018, Bluegrass Solar, LLC (“the Applicant”) filed an application for a Certificate of Public Convenience and Necessity for authority to construct an 80.0 megawatt solar photovoltaic generating facility in Queen Anne’s County, Maryland

(“the Project”).1 The Applicant proposes to construct the Project on an approximately

487-acre portion of approximately 539 acres of privately-owned land, identified as Tax

Map 11, Parcel 24, and Tax Map 17, Parcels 4 and 24 in Election District 2, located north of

Church Hill, east of State Route 213, north of State Route 300, and southeast of

Chestertown, in Queen Anne’s County.

The second evening hearing for the purpose of receiving comments from the public on the application has been scheduled as follows:

June 18, 2019 Church Hill Elementary School 6:30 p.m. 631 Main Street Church Hill, Maryland 21623

The application is available for public inspection or copying at the Queen Annes County Office of Planning & Zoning, 110 Vincit Street, Centreville, Maryland 21617. Additionally, all pleadings in this matter may be viewed or downloaded from the electronic docket file (9496) available through the Commission’s website, www.psc.state.md.us.

9

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Commission, and • Prominently post on the day of the hearing, no later than noon (EST), an informational sign at or near the public entrance(s) of Church Hill Elementary School. Each sign shall be at least 17 inches by 22 inches in size and state the time, room number, and subject of the public hearing. The font size of the lettering shall be greater than 48 point size and as large as the sign allows. The Applicant shall submit an affidavit certifying that the necessary properly sized information sign(s) were posted, as directed, including the time the signs were posted and a photograph of the informational sign near or at the public entrance(s) of Church Hill Elementary School, 631 Main Street. Church Hill, Maryland 21623, which shall be filed with the Commission within two business days after the public hearing date(s).

11 2 TEL: 410-632-1194 FAX: 410-632-3131 E-MAIL: admin @co.worcesier.md.us WEB: www.co.worcester.rnd.us

COMMISSIONERS HAROLD L. HIGGINS, CPA OFFICE OF THE CHIEFADMINISTRATIVEOFFICER DIANA PURNELL, PRESIDENT COUNTY COMMISSIONERS MAUREEN F.L. HOWARTH JOSEPH lvi. MITRECIC, VICE PRESIDENT COUNTY ATTORNEY ANTHONY W. BERTINO, JR. MADISON J. BUNTING, JR. ilnrceIrr JAMES C. CHURCH Iounhi2 GOVERNMENT CENTER THEODORE J. ELDER

JOSHUA C. NORDSTROM ONE WEST MARKET STREET • ROOM 1103 SNOW HILL, MARYLAND 21863-1195 ‘‘f-,, —_ : — May 14, 2019

Steven Wilson, President Gregg A. Todd, County Administrator Queen Anne’s County Commissioners Queen Anne’s County 107 North Liberty Street 107 North Liberty Street Centreville, MD 21617 Centreville, MD21617

RE: Request for Support of State Legislation for Single-Family Residential Fire Sprinkler Waiver Provision

Dear President Wilson, County Administrator Todd, and Commissioners:

Please be advised that the Worcester County Commissioners recently sent the attached letter and supporting documents to the members of the Eastern Shore Delegation requesting their introduction and support of State legislation to address our concerns regarding the requirement of the International Residential Building Code and the State of Maryland’s adoption thereof which requires automatic fire sprinkler systems in all new single-family dwellings in the State. As you are aware, in a rural county such as Worcester County and throughout much of the Eastern Shore, Western Shore and Southern Maryland, where public water supplies are limited, this State mandate costs individuals building their home thousands of extra dollars in construction costs for the automatic fire sprinkler system, including the pipes, pumps, tanks and conditioned storage sheds required to install such systems on properties served by private water wells as opposed to public water infrastructure. Oftentimes this extra cost has prevented first-time home buyers and others fiom being able to afford to purchase a new home. Also here in Worcester County and other Eastern Shore counties which border the States of Virginia and Delaware which do not have an automatic fire sprinkler mandate, our local home builders are unable to compete with home builders in these adjacent states which has a significantly negative impact on our local economy. Therefore, we believe that the requirement for installing an automatic fire sprinkler system in single-family homes should not be mandatory, but rather that all new single-family home owners should have the right to choose for themselves whether or not they wish to install this additional safety feature in their new home.

Citizens and Government Working Together 12 May 14, 2019 Page 2

Our request is to simply remove the mandatory requirement of automatic fire sprinkler systems in all new single-family dwellings in the State. We understand and support the requirement of automatic fire sprinkler systems in apartments, townhouses and two-family dwellings where multiple families live under the same roof, but we strongly believe that single- family property owners should be permitted to decide for themselves whether or not they prefer to install an automatic fire sprinkler system in their new home.

We are hereby asking for your support of this legislation once it is introduced during the next State legislative session and we encourage you to contact your local State delegation to sign on as co-sponsors and to support the passage of this bill. We thank you for your consideration in joining together with other Maryland counties who are similarly affected to encourage the introduction and passage of this proposed legislation. 4) Sincerely,-f Diana Purnell President

13 TEL: 410-632-1194 FAX: 410-632-3131 E-MAIL: [email protected] WEB: www.co.worcester.rnd.us

COMMISSIONERS HAROLDL. HIGGINS, CPA OFFICE CHIEFADMINISTRATIVEOFFICER DIANAPURNELL, PRESIDENT OF THE COUNTh’COMMISSIONERS MAUREEN FL. HOWARTH JOSEPH M. MITRECIC, VICEPRESIDENT COUNTYATTORNEY ANTHONY W. BERTINO, JR. MADISON J. BUNTING, JR. lnrcrtr !Inuntg JAMES C. CHURCH THEODORE J. ELDER GOVERNMENT CENTER JOSHUA C. NORDSTROM ONE WEST MARKETSTREET ROOM 1103 SNOW HILL, MARYLAND 21863-1195

May 10, 2019

Senate Delegation for the Eastern Shore House Delegation for the Eastern Shore 11 Bladen Street 6 Bladen Street Annapolis, MD 21401 Annapolis,MD 21401

Honorable Senator Mary Beth Carozza Honorable Senator Stephen S. Hershey, Jr. 314 James Senate Office Building 420 James Senate Office Building

Honorable Senator Adelaide C. Eckardt Honorable Delegate Charles J. Otto 322 James Senate Office Building 321 House Office Building

Honorable Delegate Wayne A. Hartman Honorable Delegate Christopher T. Adams 308 House Office Building 426 House Office Building

Honorable Delegate Sheree Sample-Hughes Honorable Delegate 427 House Office Building 424 House Office Building

Honorable Delegate Carl Anderton, Jr. Honorable Delegate Steven J. Arentz 310 House Office Building 308 House Office Building

Honorable Delegate Jefferson L. Ghrist Honorable Delegate Jay A. Jacobs 430 House Office Building 321 House Office Building

RE: Requested Legislation for Single-Family Residential Fire Sprinkler Waiver Provision

Dear Distinguished Senators and Delegates Representing the Eastern Shore:

Please be advised that the Worcester County Commissioners recently continued our discussion with respect to concerns regarding the requirement of the International Residential Building Code and the State of Maryland’s adoption thereof, which requires automatic fire sprinkler systems in all new single-family dwellings in the State. We are seeking your support for the introduction and passage of State legislation to address our concerns which we believe are

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16 TEL: 410-632-1194 FAX: 410-632-3131 E-MAIL: adrnin @co.worcester.md.us WEB: www.co.worcester.md.us

COMMISSIONERS HAROLDL. HIGGINS, CPA OFFICE OF THE CHIEFADMINISTRATIVEOFFICER DIANAPURNELL, PRESIDENT COUNW COMMISSIONERS MAUREEN FL. HOWARTH M. MITRECIC, VICEPRESIDENT JOSEPH COUNTYATYORNEY ANTHONY W. BERTINO, JR. MADISON J. BUNTING,JR. ftnrci±r LTunt JAMES C. CHURCH THEODOIE J. ELDER GOVERNMENT CENTER JOSHUA C. NORDSTROM ONE WEST MARKETSTREET ROOM 1103 SNOW HILL, MARYLAND 21863-1195

May 10, 2019

Senate Delegation for the Eastern Shore House Delegation for the Eastern Shore 11 Bladen Street 6 Bladen Street Annapolis,MD 21401 Annapolis, MD 21401

Honorable Senator Mary Beth Carozza Honorable Senator Stephen S. Hershey, Jr. 314 James Senate Office Building 420 James Senate Office Building

Honorable Senator Adelaide C. Eckardt Honorable Delegate Charles J. Otto 322 James Senate Office Building 321 House Office Building

Honorable Delegate Wayne A. Hartman Honorable Delegate Christopher T. Adams 308 House Office Building 426 House Office Building

Honorable Delegate Sheree Sample-Hughes Honorable Delegate Johnny Mautz 427 House Office Building 424 House Office Building

Honorable Delegate Carl Anderton, Jr. Honorable Delegate Steven J. Arentz 310 House Office Building 308 House Office Building

Honorable Delegate Jefferson L. Ghrist Honorable Delegate Jay A. Jacobs 430 House Office Building 321 House Office Building

RE: Requested Legislation for Single-Family Residential Fire Sprinkler Waiver Provision

Dear Distinguished Senators and Delegates Representing the Eastern Shore:

Please be advised that the Worcester County Commissioners recently continued our discussion with respect to concerns regarding the requirement of the International Residential Building Code and the State of Maryland’s adoption thereof, which requires automatic fire sprinkler systems in all new single-family dwellings in the State. We are seeking your support for the introduction and passage of State legislation to address our concerns which we believe are

Citizens and Government Working Together 17

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Maryland Page Marylarni tastem flore L)elegatlon May 10, 2019 Page 3 encourage them to sign on to your proposed legislation. In summary, we believe that the requirement for installing an automatic fire sprinkler system in single-family homes should not be mandatory, but rather that all new single-family home owners should have the right to choose for themselves whether or not they wish to install this additional safety feature in their new home. Thanks again for your consideration and support. LLWSincerely, Diana Pumell President cc: Maureen Howarth, County Attorney Ed Tudor, Director of Development Review & Permitting Bill Bradshaw, Building Administrator/County Engineer Jeff McMahon, Fire Marshal

19 TEL: 410-632-1194 ‘ FAX: 410-632-3131 E-MAIL: admin @co.worcester.mdus WEB: wwwco.worcesler.mdus

COMMISSIONERS HAROLDL. HIGGINS, CPA DIANAPURNELL, PRESIDENT OFFICE OF THE CHIEFADMINISTRATIVEOFFICER COUNTY COMMISSIONERS MAUREEN JOSEPH M. MITRECIC, VICEPRESIDENT FL. HOWARTI-I COUNTYATtORNEY ANTHONY W. BERTINO, JR. MADISON J. BUNTING,JR. Inunti CHURCH nrctrr JAMES C. THEODORE J. ELDER GOVERNMENT CENTER JOSHUA C. NORDSTROM ONE WEST MARKETSTREET ROOM 1103

SNOW HILL, MARYLAND 21863-1195

May 10, 2019

Senate Delegation for the Eastern Shore House Delegation for the Eastern Shore 11 Bladen Street 6 Bladen Street Annapolis, MD 21401 Annapolis, MD 21401

Honorable Senator Mary Beth Carozza Honorable Senator Stephen S. Hershey, Jr. 314 James Senate Office Building 420 James Senate Office Building

Honorable Senator Adelaide C. Eckardt Honorable Delegate Charles J. Otto 322 James Senate Office Building 321 House Office Building

Honorable Delegate Wayne A. Hartman Honorable Delegate Christopher T. Adams 308 House Office Building 426 House Office Building

Honorable Delegate Sheree Sample-Hughes Honorable Delegate Johnny Mautz 427 House Office Building 424 House Office Building

Honorable Delegate Carl Anderton, Jr. Honorable Delegate Steven J. Arentz 310 House Office Building 308 House Office Building

Honorable Delegate Jefferson L. Ghrist Honorable Delegate Jay A. Jacobs 430 House Office Building 321 House Office Building

RE: Requested Legislation for Single-Family Residential Fire Sprinkler Waiver Provision

Dear Distinguished Senators and Delegates Representing the Eastern Shore:

Please be advised that the Worcester County Commissioners recently continued our discussion with respect to concerns regarding the requirement of the International Residential Building Code and the State of Maryland’s adoption thereof, which requires automatic fire sprinkler systems in all new single-family dwellings in the State. We are seeking your support for the introduction and passage of State legislation to address our concerns which we believe are

Citizens and Government Working Together 20

21

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family

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to

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significant legislators

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properties

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single-family where

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May Maryland iviaiyiaiiu taiiii iiui iicicaiiuii May 10, 2019 Page 3 encourage them to sign on to your proposed legislation. In summary, we believe that the requirement for installing an automatic fire sprinkler system in single-family homes should not be mandatory, but rather that all new single-family home owners should have the right to choose for themselves whether or not they wish to install this additional safety feature in their new home. Thanks again for your consideration and support. &LLilfSincerely, Diana Purnell President cc: Maureen Howarth, County Attorney Ed Tudor, Director of Development Review & Permitting Bill Bradshaw, Building Administrator/County Engineer Jeff McMahon, Fire Marshal

22 - 24 23 20 25 22 26 21 15 17 16 14 19 18 11 13 12 0 8 9 6 7 5 4 2 3 1 EXPLANATION: That BY BYaddingto FOR AN Assigned Requested: Introduced By: E4 Public repealing ACT Delegates [Brackets] the the Annotated Article Article Annotated the requiring certain SECTION Section at sprinkler local (2011 generally local Section Standards. shall (2011 concerning a Laws purpose to: Safety application certain and November amendments amendment require Replacement Replacement Environment indicate and — — fire 12—504.1 12—504 of Adams, Public Public read CAPITALS systems the relating — Maryland 1. Code Code of reenacting, sprinkler time Building BE the State repealing matter first of Safety Safety 2, of of IT builder and Otto, this to in 2015 to Maryland Maryland time: IN])ICATE Volume Volume to Fire ENACTED and deleted the certain read the systems to Sprinkler Act; local Performance with the Ghrist, install Marshal Transportation

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23 2 HOUSE BILL 19

Article — Public Safety

2 12—504.

3 (a) (1) A local jurisdiction may adopt local amendments to the Standards if the 4 local amendments do not:

5 (i) prohibit the minimum implementation and enforcement 6 activities set forth in § 12—505of this subtitle;

7 (ii) weaken energy conservation and efficiency provisions contained 8 in the Standards; OR

9 [(iii) except as provided in paragraph (3) of this subsection, weaken 10 the automatic fire sprinkler systems provisions for townhouses and one—and two—family 11 dwellings contained in the Standards; or

12 (iv)] (III) weaken wind design and wind—borne debris provisions 13 contained in the Standards.

14 (2) (i) Regardless of whether the International Green Construction 15 Code is adopted by the Department under § 12—503(d)of this subtitle, a local jurisdiction 6 may adopt the International Green Construction Code.

17 (ii) A local jurisdiction may make local amendments to the 18 International Green Construction Code.

19 [(3) Paragraph (1)(iii) of this subsection does not apply to:

20 (i) standards governing issuance of a building permit for a property 21 not connected to an electrical utility; or

22 (ii) until January 1, 2016, standards governing issuance of a 23 building permit for a new one—or two—family dwelling constructed on:

24 1. a lot subject to a valid unexpired public works utility 25 agreement that was executed before March 1, 2011; or

26 2. a lot served by an existing water service line from a water 27 main to the property line that:

28 A. is less than a nominal 1—inchsize;

29 B. is approved and owned by the public or private water 0 system that owns the mains;

31 C. was installed before March 1,2011; and

24 HOUSE BILL 19 3

D. is fully operational from the public or private main to a curb stop or meter pit located at the property line.]

3 (b) If a local jurisdiction adopts a local amendment to the Standards, the 4 Standards as amended by the local jurisdiction apply in the local jurisdiction.

5 (c) If a local amendment conflicts with the Standards, the local amendment 6 prevails in the local jurisdiction.

7 (d) A local jurisdiction that adopts a local amendment to the Standards shall 8 ensure that the local amendment is adopted in accordance with applicable local law.

9 (e) To keep the database established under this subtitle current, a local 10 jurisdiction that adopts a local amendment to the Standards shall provide a copy of the 11 local amendment to the Department:

12 (1) at least 15 days before the effective date of the amendment; or

13 (2) within 5 days after the adoption of an emergency local amendment.

14 12—504.1.

(A) (1) IN THIS SECTION THE FOLLOWING WORDS HAVE THE MEANINGS 16 INDICATED.

17 (2) “BUILDER” MEANS A PERSON THAT CONTRACTS WITH A BUYER 18 FOR THE CONSTRUCTION OF A NEW DWELLING.

19 (3) “BuYER” MEANS A PERSON THAT PURCHASES ANY ESTATE OR 20 INTEREST IN A NEW DWELLING.

21 (4) “NEw DWELLING” MEANS A NEW ONE- OR TWO-FAMILY 22 RESIDENTIAL DWELLING HAVING THREE STORIES OR FEWER, NOT PREVIOUSLY 23 OCCUPIED, AND CONSTRUCTED FOR RESIDENTIAL USE.

24 (B) (1) THIS SECTION APPLIES IN A LOCAL JURISDICTION THAT ADOPTS 25 A LOCAL AMENDMENT TO THE STANDARDS THAT WEAKENS THE AUTOMATIC FIRE 26 SPRINKLER SYSTEMS PROVISIONS FOR TOWNHOUSES AND ONE- AND TWO-FAMILY 27 DWELLINGS CONTAINED IN THE STANDARDS.

28 (2) UNLESS OTHERWISE PROVIDED IN THE LOCAL AMENDMENT, THIS 9 SECTION APPLIES TO ANY NEW DWELLING IN THE LOCAL JURISDICTION FOR WHICH (o A CONTRACT HAS BEEN SIGNED BETWEEN THE BUILDER AND THE BUYER ON OR 31 AFTER THE EFFECTIVE DATE OF THE LOCAL AMENDMENT.

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27 TEL 410-632-1194 FAX; 410-632-3131 E-MAIL: [email protected] WEB: www.co.worcesler.rnd.us

COMMISSIONERS HAROLDL HIGGINS. CPA OFFICE OF THE CHIEFADMINISTRATiVEOFFICER DIANAPURNLL, PRESIDENT COUNTh COMMISSIONERS MAUREENFL. HOWARTH JOSEPH M, MITRECIC, VICE PRESIDENT ANThONY W. BEETINO, JR. MADISONJ. UNTING, JR. nrc2±1r IUUUt’ JAMES C. CHURCI GOVERNMENT CENTER THEODOFE J. ELDER JOSHUA C. NORDSTROM ONE WEST MARKET STREET • ROOM 1103 SNOW HILL, MARYLAND 21863-1195

February 19, 2019

Norman C. Wang, RA

Director, Building Codes Administration V Division of Labor and Industry

V Maryland Department of Labor, Licensing and Regulation 1100 North Eutaw Street, Room 606 Baltimore, Maryland 21201

RE: Single-Family Residential Fire Sprinklers in Worcester County

Dear Mr. Wang:

Please be advised that the Worcester County Commissioners recently discussed the requirement of the International Residential Building Code and the State of Maryland’s adoption thereof, which requires automatic fire spriniclersystems in all new one-and two-family dwellings in the State. While we understand that there is an argument that such systems may save lives and/or reduce fire damage, it is our collective feeling that the decision whether or not to install such systems should be left to the homeowner and not mandated by State law. In a rural county such as ours, where public water supplies are limited, this State mandate costs individuals building their home thousands of extra dollars in construction costs. Oftentimes this extra cost can keep a first-time home buyer from purchasing a new home. Additionally, Worcester County borders both the States of Virginia and Delaware and therefore our local home builders must compete with home builders in those states that do not have a fire sprinkler mandate. This situation adversely affects our local economy.

Part of our recent discussion centered around our understanding that currently at least one Maryland County does not require these fire sprinkler systems in their jurisdiction. Worcester County plans to join this other county by not requiring residential fire sprinkler systems in new single-family homes. Effective July 1, 2019, Worcester County will let the property owner building a new home decide for themselves if they want to install such a system. We intend to

Citizens and Government Working Together 28

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shalt DRAFT — the all Ii bte any rriegxesentation hereto; permit permit applicant, applicant, of and revocation 1._I penalty any ui’emit this the permits the such Department any occupy in by by inforrnation i inspecting to under months the phcable and/or 5)that of all F Experi by 24 IMI JEMail[ obtain are issuance, request denial oi descsthed provided and certifies unbwful ptrpose wilhm issued for including License which project. be date application work the written and the been herdiy request type OWTierI the shall for the this - of it If correct, grounds County has upon in infonhation inspection) L..J Name from aP that arid f L______J REQUIRW cflO5Oron 8 applicant bndscapel&M property neeiNameandLicerse determine, that ue r1.LSO fl Other is E the 2) to months Exp.atiorr Worterter descthed constitute The cemti&ate and extension completion framing Arthi*ect Owner lkerise1 Phone Phone Rebtionshto Applicant ______

DivisioN OF LABORAND INDUSTRY Matthew Helminiak, Commissioner 1100 North Eutaw Street, Room 600 Baltimore, MD 21201 C,DEPARTMENTOFLABOR,LICENSINGANDREGULATION______

March25, 2019

Ms. Diana Purnell President Office of the County Commissioners RECEIVED Worcester County MAZ1fl19 One West Market Street, Room 1103 County Admin Snow Hill, Maryland 21863-1195 Worcester

Dear President Purnell:

Your recent letter of February 19, 2019 to Norman Wang of the Building Codes Administration has been forwarded to me for response. As I understand it, Worcester County is proposing to amend its building permit application to provide for a “check-off” box on your building permit application “for a residential sprinkler system waiver request and a Single-Family Home Residential Fire Sprinkler Waiver form to be completed by the property owner, builder and applicant for a permit for a new single family dwelling.”

As you may be aware, Subtitle 5. Maryland Building Performance Standards was created by the General Assembly under the Public Safety Article. Within that subtitle are nine separate sections governing (1) the adoption and enforcement of statewide building codes, (2) the duties and powers of the Department of Labor, Licensing, and Regulation1 (DLLR), and (3) the duties and powers of local jurisdictions.

DTTP c re.niiirpd tn ai-lnnt hii rpcrn1itnn th Mcwu1rid PnUdir’a Prfnrtr” — - j-—-- --—--- Standards, the International Building Code (IBC), including the International Energy Conservation Code (IECC), subject to modification by DLLR, see Public Safety Article,

§12-503, Annotated Code of Maryland. These regulations are referred to as the “Standards”.

Each local jurisdiction is required to implement and enforce the most current version of the Standards and any local amendments. The specific requirements related to local jurisdiction adoption, amendment, implementation, and enforcement of the Standards are contained,

1 EffectiveJuly 1,2018, administrationof the Standardswas transferredfromthe Departmentof Housing andCommunityDevelopment(DHCD)to DLLR.

PHONE: 410-767-4037• FAx 410-767-2986• INTERNET:www.dlIr.maryland.gov

LARRYHOGAN, GOVERNOR . BOYDK. RUTHERFORD, LT. GOVERNOR 34 independent of the sections related to DLLR, in § 12-504 and 12-505 of the Public Safety (?J Article. Specifically §12-504 addresses automatic fire sprinkler systems.

While §12-502(c) of the Public Safety article clarifies the authority of Subtitle 5 and, among other provisions, states “This subtitle does not allow or encourage the State to initiate or assume an independent role in the administration and enforcement of the Standards for a building or structure that is not owned or operated by the State,”, the requirement that local jurisdictions provide DLLR a copy of local amendments to the Standards exists in §12-504 and §12-506. DLLR is required under §12-506 to maintain a central automated database of, among other things, the Standards and any local amendments. DLLR may also include any information provided by a local jurisdiction on the implementation and interpretation of the Standards and interim amendments. As such, Worcester County is required to notify and provide a copy to DLLR of any local amendments to the Standards within 15 days after the effective date of the amendment. This information will be maintained in the database and may include additional information that DLLR has received, including information regarding the proposal regarding the waiver form as described in your letter.

Please note, as of March 15, 2019 the amendments to update the adopted Standards became final, see Md Register volume 46, issue 6, pages 345-346. Notification to all counties will go out under separate cover.

Sincerely, .__ Matthew Helminiak Commissioner of Labor and Industry

cc: James E. Rzepkowski, Acting Secretary

C

35 BRIAN E. FRosH SAND BENSONBRANTLEY ATTORNEY GENERAL COUNSEL TO THE GENERAl. ASSEAOSIY

ELIZABETH F. HARRIS KATHRYN M, ROWE CHIEF DEPUTY ATTORNEY GENERAL DREUTYCOUNSEL

CAROLYN A. QUATTROCKJ JEREMY M. McCoy r)EPLrCY ATTORNEY GENERAL ASSIDNF4TATTORNEY GENERAL

THE ATTORNEY GENERAL OF MARYLAND DAV1DW.STAMI’ER ASSISTANT ATTORNEY GENERAL OFFICE OF COUNSEL TO THE GENERAL ASSEMBLY

February 19, 2019

The Honorable Maryland House of Delegates 251 House Office Building Annapolis, Maryland 21401

Dear Delegate Stein:

You have inquired about the authority of a county to opt out of Maryland Building Performance Standards (“Standards”) that include International Building Code (“IBC”) standards requiring newly constructed residential buildings in the State to be equipped with sprinkler systems. Except under limited circumstances, a localjurisdiction may not adopt local amendments to the Standards that weaken the automatic fire sprinider systems provisions of the Standards for townhouses and one- or two-family dwellings in the local jurisdiction. Subject to other specific limitations, a county may adopt a local amendment to the Standards relating to the use of sprinklers in other types of residential buildings, including a less restrictive standard, which would apply only in that county. As to other residential dwelling buildings however, there are additional fire prevention sprinkler system requirements under State law for which certain exceptions may be granted by the State Fire Marshall or a local authority with jurisdiction over fire or building codes.

Under § 12-503 of the Public Safety Article (“PS”), the Department of Labor, Licensing, and Regulation (“DLLR”) is required to adopt by regulation, as the statewide Standards, the IBC, subject to modification by DLLR.1 Except for certain agricultural buildings, the Standards apply to all buildings and structures within the State for which a building permit application is received by a local jurisdiction. COMAR 05.02.07.06A.2

COMAR 05.02.07.05 authorizes a local jurisdiction (a county or municipal corporation) to modify the provisions of the Standards by local amendment “to address conditions peculiar to the

Pursuant to Chapter 673 of the 2018 Laws of Maryland, effective July 1, 2018, administration of the Standards was transferred from the Department of I-lousing and Community Development (“DHCD”) to DLLR. 2 Section 5 of Ch. 673 of the 2018 Laws of Maryland maintained existing regulations relating to the Standards adopted by DHCD in COMAR 05.02.07, and required that those regulations continue in effect under administration by DLLR until replaced. DLLR has issued a Notice of Proposed Action to recodify existing COMAR 05.02.07 to be newly proposed COMAR 09.12.31. Md, Register, Vol.46, Issue 1(1/4/19), p. 16.

104 LEGISLATIVE SERVICES BUILDING 90 STATE CIRCLE ANNAPOUS, MARYLAND 21405-1995 410-946-5600 301-970-5600. FAX 450-946-5601 TTY 450-946-5401. 101-970-5401

36 The Honorable Dana Stein February 19, 2019 Page 2

local jurisdiction’s cornmunity[.]” A local jurisdiction may adopt a local amendment to the Standards that applies to the local jurisdiction if the local amendment does not: (1) prohibit the minimum implementation and enforcement activities set forth in PS § 12-505; (2) weaken energy conservation and efficiency provisions contained in the Standards (including weakening the requirements of Chapter 13 of the IBC, as provided in COMAR 05.02.07.05); (3) except under certain circumstances, weaken the automatic fire sprinkler systems provisions for townhouses and one- and two-family dwellings contained in the Standards; or (4) weaken wind design and wind-

borne debris provisions contained in the Standards. PS § 12-504(a). The minimum implementation and enforcement activities under PS § 12-505 that a local jurisdiction remains required to carry out include the: (1) review and acceptance of appropriate plans; (2) issuance of building permits; (3) inspection of the work authorized by the building permits; and (4) issuance of appropriate use and occupancy certificates. PS § 12-505(a)(2). Local jurisdictions are prohibited from amending statewide regulations that apply to “industrialized buildings” under PS § 12-301 etseq. See COMAR 05.02.01.01 etseq. and COMAR 05.02.04.01 etseq.

Each local jurisdiction is required to implement and enforce the most current version of the Standards and any local amendments to the Standards. Any modification of the Standards adopted by the State after December 31, 2009, is required to be implemented and enforced by a local jurisdiction within 12 months after being adopted by the State. PS § 12-505(a)(1). A local jurisdiction that adopts a local amendment to the Standards is required to ensure that the local amendment is adopted in accordance with applicable local law, and must provide a copy of the local amendment to DLLR at least 15 days before the effective date of the amendment or within 5 days after the adoption of an emergency local amendment. PS § 12-504(b), (d), and (e). If a local amendment conflicts with the Standards, the local amendment prevails in the local jurisdiction. PS § 12-505(c).

With specific regard to sprinider system requirements under the Standards, a local government is authorized to adopt local amendments to the Standards addressing sprinkler systems if the local amendments do not, except as provided below, “weaken the automatic fire sprinkler systems provisions for townhouses and one- and two-family dwellings contained in the Standards.” PS § 12-504(a)(1)(iii). A local government may deviate from the Standards’sprinkler requirements for those structures described above through local standards that: (1) govern the “issuance of a building permit for a property not connected to an electrical utility;” or (2) until January 1,2016, govern the “issuance of a building permit for a new one- or two-family dwelling constructed on:” (a) a “lot subject to a valid unexpired public works utility agreement that was executed before March 1,2011;” or (b) “a lot served by an existing water service line from a water main to the property line” that: (i) “is less than a nominal 1-inch size;” (ii) “is approved and owned by the public or private water system that owns the mains;” (iii) “was installed before March 1, 2011;” and (iv) “is fully operational from the public or private main to a curb stop or meter pit located at the property line.” PS § 12-504(a)(3). a

37

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me. ______STATE OF MARYLAND MARYLAND DEPARTMENT OF STATE POLICE SFE FIRE PREVENTION COMMISSION Larry Hogan 18345 Colonel Henry K. Douglas Drive Colonel William M. Pal lozzi Governor Suite 240 Secretaiy Hagerstown MD 21740 Boyd K. Rutherford 301-766-3899 C. Daniel Davis, Jr. Lt. Governor Fax: 301-766-3889 chairman http://sfpc.mdsp.org rnsp.scmaryland.gov April 25, 2019 RECEIVED

The Honorable Brian E. Frosh APR29 U19 Attorney General of Maryland 200 Saint Paul Street WorcesterCountyAdmin Baltimore MD 21202

RE: Failure of Allegany County and Worcester County to Enforce and Uphold the Lawfully Adopted Requirements for Automatic Fire Sprinkler Protection in Newly Constructed One- and Two-Fami’y Homes

Dear Attorney General Frosh:

On March 15, 2019, the State of Maryland through the Department of Labor, Licensing, and Regulation adopted the 2018 edition of the Intern ational Residential Code with an effective date of March 25, 2019. This Code requires that every newly constructed one- and two-family home be provided with automatic fire sprinkler protection. This requirement affords improved fire protection not only to the home’s occupants but also to fire service personnel. In short, it saves lives and prevents the needless destruction of property caused by fires in one- and two-family homes.

The enclosed “January through December 2017 Fire Deaths in Maryland Report” compiled by the Office of the Maryland State Fire Marshal (the most current annual statistics available) reflects that residential fires accounted for 84% of all fire deaths in Maryland and of those, 73% occurred in one- .and two-family dwellings (see page 9).

The Maryland State Fire Prevention Commission has learned that Allegany County government officials are not requiring the installation of automatic sprinkler protection in new one- and two-family homes. Allegany County is currently enforcing the 2006 edition of the International Residential Code which does not contain this fire sprinkler requirement. The Commission has also recently learned that beginning on July 1, 2019, the Office of the County Commissioners of Worcester County will permit single family homeowners to choose to opt out of the automatic fire sprinkler system required by the Code.

The Maryland State Fire Marshal, while fully supportive of the residential automatic fire sprinkler requirement, has assured this Commission that his office lacks the authority to enforce this particular fire sprinkler requirement because it is not a requirement of the State Fire Prevention Code. Furthermore, § 6-305(a)(1) of the Public Safety Article prohibits the State Fire Marshal from enforcing laws and regulations in “buildings that are used solely as dwelling houses for no more than two families.”

40 The

Attorney General Brian Frosh April 25, 2019 Page 2

The Maryland Department of Labor, Licensing and Regulation has also taken the position that it lacks the authority to enforce this particular fire sprinkler requirement. It should be noted, however, that § 12-504 (a)(iii) of the Public Safety Article prohibits local amendments that “weaken the automatic fire sprinkler systems provisions for townhouses and one- and two-family dwellings,” with very limited exceptions. Section 12-505, meanwhile, requires local jurisdictions to enforce the most current version of the Maryland Building Performance Standards no later than twelve months after the Standards are adopted by the State.

During its regularly scheduled meeting on April 18, 2019, the Fire Prevention Commission thoroughly discussed the positions of both Allegany and Worcester Counties and found them to be contrary to adequate protection from unwanted fire. The Commission also unanimously voted both to draw your attention to the seriousness of Allegany and Worcester Counties’ non-compliance and to ask you, in your capacity as the State’s senior law enforcement officer, to initiate prompt corrective action to enforce the counties’ compliance with the Code.

The Commission firmly believes that a failure to secure that compliance will result in additional jurisdictions taking similar non-compliant positions, and that the end result will be increased loss of life and property throughout the State.

Commission looks forward to a positive reply from your office.

Sincerely, e

C. Daniel Davis, Jr. Chairman State Fire Prevention Commission

cc: Brian Geraci, Maryland State Fire Marshal Matthew Helminiak, Commissioner of Labor and Industry Diana Purnell, President Worcester County Commissioners ./ Jacob Shade, President Allegany County Commissioners Richard Blair, President Maryland State Firemen’s Association

Enclosure

41 April Joyce

Sudlersville, 200

You Dear Violation:

You Resident

Respectfully,

Management,

Terrapin

are

painted

12,

Ms.

Homey

being

2019

shall

Homey,

(House

MD.21668

the

Grove

issued

not

The

back

alter,

Rules

Apt.

Housing

the

door

303

repair

and following

of

Authority

Regulations

the

or

205

otherwise

building.

lease

Phone:

East

Queen

Housing

of

LEASE

violations:

Water Queen Attachment

(410)758-8634

change

Centreville,

Executive

Jeremy

Street,

www.pacha.org

Anne’s

Anne’s

VIOLATION

the

Authority

2

Suite

R.

MD

#10

Director premises

County

Fax:

White

21617

100,

on

County

(410)758-8635

your

P.O.

or

of

equipment

lease)

Box

280

therein.

Tonya JamesW. James Board

JoAnne

Richard

D. Members

L.

N.

D.

Brown Hynson

Holley

Brice

Cira

3

42 VVV

-1I.!;E FIRST.CLASS The Housing Authoñty of Queen Anro’s County . Qlfl7 P1) I 9 — P 0 Box 280 )UUU. Centrevflle, Md. 21617

LIE— 7 041 Li 0250203

4/Oct)

;w_61 V 44 May 13, 2019

Housing Authority of Queen Annes’ County

206 East Water Street, P 0 Box280

Centreville, MD21617

Attn: Management

Jeremy White, Executive Director

We, the undersigned, wish to express our concern about the letter sent to Joyce Homey, Apt1t 303 at Terrapin Grove. It is dated April 12, 2019, but was not mailed until May 7th causing the letter to arrive on May 9th

This is referencing the painting of the rear entrance door to the apartment building at Terrapin Grove. Numerous requests to have maintenance to this door was reported, either in writing or verbally, by different tenants, over a two to three year period. These requests obviously fell on deaf ears, because nothing was done. The door was filthy and showed signs of mold — disgraceful — certainly not what we would expect to be representative of the condition of the entrance to our home where we live.

With spring upon us and Easter only a few days away, we thought it quite appropriate that this action be taken — scrub, wash down, and paint. We cite Tenant Participation Plan, B. Required Activities of Participation, Project Beautification, 2a and b — Tenants will participate in flower planting and common areas cleanup maintenance program in areas designated by the HA.

General area cleanup will be scheduled seasonally and all tenants will be encouraged to participate. Neither of these two have been performed by the HA, so the tenants decided that this door should be maintained by scrubbing, washing down and painting to benefit all and present a much nicer appearance for our building.

Instead of a letter of lease violation, we think it should have been one of thanks. We request that another letter be sent to Ms. Homey rescinding the Lease Violation stating that this incident will be removed from her file.

Respectfully,

45 Cc:

James L.Hynson

James W. Holley

Tanya D. Brown

JoAnne N. Brice

Richard D. Cira

Philip L.Dumenhl, District 3

Christopher M. Corchiarino, District, 4

Todd R. Mohn, PE, County Adminstrator

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47 ‘6<’

James Jack TO: Christopher Philip Stephen County

CC:

DATE: ç.L) FROM: SUBJECT:

is Planning:

1’he

current

N.

Development

following

J.

L.

Wilson,

Wilson,

Moran,

Dumenil,

Commissioners:

o o o o

o o

o

M.

as

Administrative Minor

Major Concept Minor

Major of Corchiarino, STAC

Jr.,

At

District

infonnation

April

District

Large Todd County Planning Economic E. May28, Monthly District

NO • *

Anne

ueen

Count-’i

SP-19-04-0023

Review/Site

Michael

Subdivision Subdivision

meetings Site

Site

2

SUB-19-01-0087 SUB-19-01-0086

SP-18-03-0010 SP-l One

MAJOR

NO 30,

plan

3

Mohn,

I

District

plan plan

Commissioners

2019

I’IAJOR meeting 8-08-0006

2019

Department

Commission

is

reviews

‘s

Development —‘

Wisnosky,

SP-19-00 Subdivision

compiled

4 review

review

SUBDIVISION

County

Plans/Subdivision

plat plat

held -

SUBDIVISION

Morris - -

reviews reviews

Ten

Devore

Devore

Fox

17-C,

Administrator

on

by

Report

AICP,

plat

April

the

Eyck

Point Commission

Solar

Grasonville

staff

Fann

Farm

APPLICATIONS

reviews —

Brewery,

10,

Director

Properties-4,085 -

April

MEMORANDUM

88.89

of

Plats/Growth

2019

LLC

LLC

APPLICATIONS

the

2019

acre

Station

Department - -

Commercial

Recorded Recorded

DEPARTM

Solar -

RECEIVED

7-Eleven

sq.

Allocations/Adequate

Array

ft.

of

Brewery

RECEIVED

Building

Planning

Information

ENT

with

and

OF

Telephone

Telephone

Zoning. 2uid

PLANNING

Public

floor

Fax

Item

Fax

The

apartments

Planning:

Planning:

Facilities:

Permits: Permits:

110

Centreville,

information

Vincit

(410)

(410)

(410)

(410)

&

St.,

ZONING

MD

provided

758-1255 Suite 758-2905 758-4088 758-3972

21617

104

48 Zoning:

Building

Highlights

o

o

Planning

Use

$35,000,000 $20,000,000 $30,000,000 $15,000,000 $25,000,000

$10,000,000

Permit

$5,000,000

Permits Permit

Construction Submitted

• •

of

Permits:

CommerciaL

Minor Wye

Major Queenstown service

Apr-19

Information Applications

Commission

Issued

Commercial

Residential

river

Site

Site

bays.

Value

Apr-19

Marina,

Plan

Plan

Permits

Assisted

(Source:

meeting,

Apr-18 - -

5P18-09-0012

SP-19-0l-0018

$3,977,705

Piney

April

2019

Issued

Living, 132

86

81

5

Building

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in

2019

to

11,

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Construct

$4,460,290

YTD

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&

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2018

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139 115

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Chester

2019

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a

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73 -

2019

bedroom,

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Year

2019

419

404 288

116

2018

to 49,998

a

‘(TO two

Date

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O 0

story

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sq.

ft.

201

building

assisted

Applications

$28,948,552

Issued

8

Year

Cost

617 541 398

143

with

of

living

to

Construction

Date

office

Submitted

facility.

and

5

49 ,Zonin

• • • • •

Inspection

Board Temporary Meeting License Meeting Talisman Disable K! Ruthsburg

benefit Chesapeake League Hearing Approved Review Malik, 21619.

EMW:mes

Estates

o o

o o o o o

Boards:

of

for New

Commercial of

Total Nuisance Citations Zoning (YTD: Liquor of

American

application

Commission

held Date:

Date

Therapeutic

Doe Appeals

Woman

the Community Community

and

licenses

• • •

• •

Bay

Commercial:

for

fines

benefit —

Bar

Law

NO 182/52)

restaurant 450

Inspections 515 Office Training 310 room. office 302 800 137 equipment/storage St

Enforcement

April

transfer

Environmental

Issued:

Complaints/Code

Veterans Claire

Voters issued:

LLC,

HEARII’JGS

Amberly sq. Log

issued Bateau for Abruzzi

Love

Compliance

Renovations:

of

and (Liquor

Riding,

1647

trailer

2,

Center Assoc. ft.

advertising

Canoe

Bayside

facility

trading Place,

of

2019

2

Point

for

QAC reception

$1000.00

to:

Dr, YTD

Conducted:

sq.

a (DAV)

Dr,

with

Farm

members

Class

Activity Inc. — —

Board):

ft.

Stevensville,

Circle,

Rd,

Stevensville, —

Date Date to Center Chester,

OR

as

Inspections:

Issued:

Oil,

Date

steps - room.

the include

Lane,

Red —

D” Violation

Stevensville,

(YTD area,

Date MEETII’JGS

Date

LLC,

of

of

transfer

Stevensville,

beer, of

of for

to -

Eyes

470

event

event

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Date

Maryland

Queenstown,

relocate

golf

event of

grade

of Issued:

studio,

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trading

wine County

event

St.

(l45of

63

event

Dock

Inspections

— course. — of

of -

April April and

Clair

(YTD:

Claude

event

a

May IN

front

&

backroom,

$4500.00; —

as —

Class

Bar General

KRM

which

May accessible Commissioners

liquor

APRIL,

April

Piney

Suites,

25

12,

7 Washington -

door

267) 2.0,

July

&

“A”

Conducted:

4

May

BCR

within 6 license

Dominic

428 Land

Creek

and

YTD

LLC,

bathroom

13 2019

beer

4,

ramp.

LLC.

Kent

add

May

Co,

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&

construct

Hunters

Digiovine.

of

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wine

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17

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open

Mart,

Robert

$4000.00)

sq. (43

Area)

permit

to license

Oak

office

interior

ft.

front

2120 of

Anne’s

fit-out

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Wilson

Convert

(YTD:

which

C,

for

from

center

area,

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Hunters

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partition

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for

County.

in

to

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1149/426

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of

Creek

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Care

Grasonville,

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walls

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W.

Area) 168

)

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to

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24’

a

sq.

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and

11’8”x

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porch

ft.

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to

storage

Tanveer -

for

MD

60’

to

the

50 COUNTY ORDINANCE NO. 19-06

A BILL ENTITLED

AN ACT CONCERNING Holding Periods for Impounded Animals Under the Age of Three Months;

FOR THE PURPOSE of eliminating the holding period under the Queen Anne’s County Animal Control Ordinance (Chapter 9 of the Code of Public Local Laws) for animals under the age of three (3) months.

BY AMENDING Section 9-23 B.(1) the Code of Public Local Laws of Queen Anne’s County.

SECTION I

BE IT ENACTED BY THE COUNTY COMMISSIONERS OF QUEEN ANNE’S COUNTY, MARYLAND that Section 9-23 B. (1) of the Code of Public Local Laws be and is hereby AMENDED to read as follows:

§9-23. Impoundment, redemption and seizure.

. . .

B. Impoundment.

(1) Subject to Subsection B(2) of this section, an impounded domestic animal shall be kept for not fewer than seven days, unless an owner or custodian redeems the impounded domestic animal, pursuant to §9-23D of this chapter, within seven days. The holding period does not apply to animals under the age of three (3) months.

...

1 SECTION II

BE IT FURTHER ENACTED that this Ordinance shall take effect on the forty-sixth (46th) day following its enactment.

INTRODUCED BY: Commissioner Dumenil

DATE: April 23, 2019

PUBLIC HEARING HELD: May 28, 2019 @ 6:00 pm

VOTE: ______Yea ______Nay

DATE OF ADOPTION: ______

EFFECTIVE DATE: ______

2 COUNTY ORDINANCE NO. 19-07

A BILL ENTITLED

AN ACT CONCERNING a Citizen Sponsored Text Amendment to Revise References to the 2002 Queen Anne’s County Comprehensive Plan in Chapter 18:1 of the Code of Public Local Laws of Queen Anne’s County;

FOR THE PURPOSE of revising the reference to the 2002 Queen Anne’s County Comprehensive Plan contained in Section 18:1-4- A.(1) of the Code of Public Local Laws of Queen Anne’s County.

BY AMENDING Section 18:1-4.A.(1) of the Code of Public Local Laws.

SECTION I

BE IT ENACTED BY THE COUNTY COMMISSIONERS OF QUEEN ANNE’S COUNTY, MARYLAND that Section 18:1-4.A.(1) of the Code of Public Local Laws of Queen Anne’s County be and is hereby AMENDED to read as follows:

§18:1-4. Statement of purpose; interpretation.

A. Purpose. (1) The purpose of this Chapter 18:1 is to implement the 2010 Queen Anne’s County Comprehensive Plan and subsequent additions and promote the health, safety and general welfare of the present and future inhabitants in the County by: . . .

SECTION II

BE IT FURTHER ENACTED that this Ordinance shall take effect on the forty-sixth (46th) day following its enactment.

1 INTRODUCED BY: Commissioner Corchiarino

DATE: April 23, 2019

PUBLIC HEARING HELD: May 28, 2019 @ 6:05 pm

VOTE: ______Yea ______Nay

DATE OF ADOPTION: ______

EFFECTIVE DATE: ______

2