Calvert County Commissioner Evan Slaughenhoupt

Prince Frederick, MD – In anticipation of an early December meeting with the county’s delegation to Annapolis, the Calvert County Commissioners reviewed a list of 11 legislative requests. The review took place Tuesday, Nov. 18 during a work session conducted by County Attorney John Norris.

While none of the requests for local legislative sponsorship and state approval were killed outright, the board made a few tweaks to some measures and deferred action on another.

Arguably, the four most controversial proposals were a water infrastructure excise tax, the requiring of Critical Area property owners to provide potential purchasers with a Critical Area brochure, quick take authority to condemn property for road construction and widening, and allowing civil fines for publicly accessible tobacco displays.

According to a memo from Department of Finance and Budget Deputy Director Joan Thorp and Department of Public Works Deputy Director of Enterprise Fund Operations Mark Willis, receipts from the proposed excise tax would be “dedicated to upgrading and expanding the existing water system. The basis for this is the acknowledgement that the citizens on public water systems pay to maintain infrastructure that is used in countywide firefighting operations.”  The excise tax would apply to “improved and unimproved properties not connected to a public water system.”

Thorp and Willis noted the proposed tax, which would yield an estimated $602,350 annually if it were to be levied, was proposed during last budget cycle but it was determined the county did not have the authority to establish the tax.

“It’s a very minimal fee,” Willis told the commissioners during the work session.

However, Commissioner Evan K. Slaughenhoupt Jr. [R] said he could not support the proposal. “Adding another tax is not the way to go,” said Slaughenhoupt, who added he’d rather see the fire suppression infrastructure funding shortfall covered by money from the general fund.

Commissioner Gerald W. “Jerry” Clark [R] argued that plan would be impractical since Calvert is currently facing a nearly $10 million budget shortfall. Clark added that water system customers are now paying much higher rates “due to the mismanagement in the 1980s and ‘90s.”

“This is a matter of fairness,” said Commissioner Susan Shaw [R].

Slaughenhoupt sustained his opposition when the board made its decision to move the proposal forward for presentation to the local legislature.

He also opposed advancement of the measure regarding the Calvert County Critical Area brochure. That proposal was forwarded by the Cliff Stabilization Advisory Committee and presented by Principal Environmental Planner Dr. David Brownlee.

“I think this is putting the burden on the seller,” said Slaughenhoupt, who opined the state should provide the Critical Area brochure since it is their law. Commissioner Steve Weems [R] stated he would support the proposal since it would be one more disclosure for a potential property buyer to receive.

The board opted to defer action on the Department of Public Works’ request for “quick take” legislation. Department Director Rai Sharma stated in a memo to the board that it is “imperative” county officials have the same authority as the Maryland State Highway Administration “in order for the capital improvements projects, particularly various road improvements/construction projects, to be completed within a reasonable time, for the safety and welfare of the citizens of the county.”

Project delays occur when one or more property owners do not agree to a settlement “for a reasonable amount,” Sharma stated. He cited the difficulties in obtaining rights-of-way for projects on Dowell Road, Boyd’s Turn Road and Brickhouse Road.

Changing the current state law would require a constitutional amendment. While both Clark and Shaw indicated the proposal was likely dead on arrival, all the commissioners agreed that if the scope was narrowed to only existing roads that need to be widened for safety reasons the measure might stand a better chance.

County government staff agreed to amend the proposal and bring it back to the board before the Dec. 2 meeting with the delegation.

The measure mandating civil penalties for “certain distributions of certain tobacco products, cigarette rolling papers and tobacco-related coupons to minors in Calvert County” was submitted by County Health Officer Dr. Laurence Polsky. The proposed legislation was prompted by the 2013 Maryland Youth Risk Behavior Survey that showed 70 percent of Calvert’s high school students who attempted to purchase cigarettes were successful. Clark called the proposed legislation “passing the buck. It’s going to put more on businesses.” Clark added that “the parents are the ones who need to be fined.”

While he was outspoken about Polsky’s proposal, Clark, like Weems, abstained from voting on the measure since they manage businesses that sell tobacco products. Commissioners’ President Pat Nutter [R] voted opposed but

Slaughenhoupt and Shaw approved of moving Polsky’s request to the meeting with the delegation.

Clark and Weems also recused themselves from voting on two submissions from the Calvert County Liquor Board. One measure would revise the county’s “bottle club bill,” which State’s Attorney Laura Martin [R] has deemed unenforceable. The second request would expand the county’s special wine festival license to be a “special beer and/or wine festival license.” The aim of the bill is to attract more tourists and visitors to the county.

Other proposals would make changes in the county’s budget adoption process, request $51.9 million in bonding authority for seven capital projects, to extend the distribution of state admissions and amusement tax on electronic and electronic tip jars to the Boys and Girls Club of North Beach, the Town of Chesapeake Beach and the Calvert County Youth Recreational Opportunities Fund from fiscal year (FY) 2016 to FY 2019; amend the county code regarding county’s Length of Service Award Program (LOSAP) for volunteer fire and rescue personnel and a request to provide enforcement provisions for the unauthorized use of electric vehicle parking spaces.

Contact Marty Madden at marty.madden@thebaynet.com