Born - Erma Louise Fiste
"All of us have moments in our lives that test our courage.
Taking children into a house with a white carpet is one of
them."
~Erma Bombeck~
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"All of us have moments in our lives that test our courage.
Taking children into a house with a white carpet is one of
them."
~Erma Bombeck~
By Delegate Mike McDermott
Feb. 14th-18th, 2011
• Monday afternoon I attended Governor O’Malley’s Press Conference on an interestingly titled bill called the Sustainable Growth and Agricultural Preservation Act of 2011. Sounds great, doesn’t it? In Annapolis, there is no doubt an entire army of people burning the midnight oil to see who can create the most disingenuous title for threatening legislation. The title for this bill should be “No Crapper Left Behind” Act of 2011. Although I issued an immediate press release to keep you informed this week, here is the bottom line of this bill: The measure would prohibit the use of individual septic systems for major subdivisions outside of planned water and sewer service areas. It also restricts the subdivision of agricultural lands. Specifically it:
1. Defines a “major subdivision” as 5 or more lots;
2. Requires any “major subdivision” located outside of a planned area to utilize a “shared” waste disposal system;
3. Requires the use of advanced technology systems for individual development;
4. Would prohibit local government from authorizing any major development outside of areas served by water and sewer infrastructure after July 1st this year; and
5. It would restrict any further subdivisions or modifications of existing subdivisions once a property has been subdivided into a residential minor subdivision.
PLEASE STAY ENGAGED ON THIS BILL.
• On Monday evening, prior to session, the TEA (taxed enough already) Party Caucus met and discussed upcoming visits scheduled by AFP groups and other concerned citizens. A Legislative Action Committee was formed to focus on specific legislation the caucus would support during the session. It was also agreed that members would need to sign a pledge of fiscal restraint to be considered part of the caucus.
• My Chess playing ended Monday night when I was defeated by Del. Gilchrest. It was a great game that came down to only a couple of pieces on the board. He will play for the championship soon.
• Tuesday was Maryland Farm Bureau Day in Annapolis. I had the pleasure of meeting with several of our local farmers from Worcester, Wicomico, and Somerset Counties. We talked a lot about the governor’s septic proposals and what that would mean to the value of farm land and potential development issues.
• Tuesday HB 266 received a hearing in Judiciary. This is a bill I sponsored which would strengthen the laws dealing with Human Trafficking. This continues to be a problem around the country and Maryland is no exception. There is also come companion legislation that would provide support for juveniles who are being trafficked (primarily underage girls) in the sex trade industry. These bills have a lot of support in the committee.
We also heard HB- which would remove the Governor’s final say in parole cases dealing with “Life Sentence” inmates and turn it over to the Parole Board. I do not like this idea, and I’m sure the governor will not like it either. Governor O’Malley believes that “life means life” and has refused to consider paroling any inmate serving a life sentence while he has been governor. Of course, we heard from many about their “rehabilitated” loved ones who are behind bars and how they deserve another chance after 20 plus years. The bottom line: the 20 plus years behind bars is 20 years more than their victims ever had a chance to see. I think that’s how the governor sees it as well. This hearing went long into the night.
• On Wednesday, the Judiciary Committee heard the following bills:
1. HB-247 is a technical modification of a bill enacted last year dealing specifically with the Maryland General and Limited Power of Attorney Act. This bill seeks to address an area of the act which failed to include certain financial documents and transactions.
2. HB-336 seeks to create a task force addressing Military Service Members, Veterans, and the Courts. This type of program has been used successfully in other states to help our veterans by recognizing that they may be addressing a unique set of circumstances in life as a result of their service to our country. The task force would provide feedback and recommendations for future consideration in support of our military service members.
3. HB-340 deals with certifications and reports submitted by qualified experts in health care malpractice claims. It would create a timeline for challenging the credentials of an expert who is submitting documents or testifying in a case before the courts.
4. HB-475 would provide for the Carroll County Industrial Development Authority (a non-profit board) to fall under the Local Government Tort Claims Act. This would provide tort protection as is extended to many Para government operations. There is always much discussion on these types of requests as several committee members do not like limiting the liability of organizations without significant reasons to do so.
5. HB-483 is another technical law bill which would allow an attorney the ability to limit the paperwork needed to file for recovery of a previous judgment. It would further aid plaintiffs who are attempting to discover if a person has the means to pay on a previous judgment granted by the court.
• Thursday morning I was honored to give the Opening Prayer for the Session. I referenced the Continental Congress and quoted Benjamin Franklin as a preface to my prayer. It was well received. If you would like to hear the prayer and other action taken on the floor, a direct link is available on my website at delegatemcdermott.com
• On Thursday at noon, the House Republican Caucus held a Press Conference to address the O’Malley administrations rush to implement Obamacare in Maryland. My notes on this are contained in a previous information release. Essentially, we need to slow down the process of implementation and several legal cases have already declared Obamacare to be Unconstitutional. Therefore, why should we invest tax dollars in a program that will most likely be declared null and void? We also revealed several bills we are supporting to help insure Marylanders have access to high quality, affordable health care services when needed.
• On Thursday, the Judiciary Committee heard the following bills:
1. HB-255 and HB-256 address issues relating to adopted individuals being able to search records for sibling information. This bill is intended to allow the Department of Social Services to allow access to their own departmental records of adoption records so family members may be contacted if it is their expressed desire.
2. HB-294 seeks to add additional penalties when a firearm or source of ignition is used to inflict pain and suffering on a domestic animal. This hearing drew a large crowd based upon the recent act committed in Anne Arundel involving the shooting of a dog at a park. There was questioning regarding a felony charge which would seem to answer the question of creating a “harsher penalty” and whether or not this law really needs to be adopted. I did find it interesting in this case that there was significant media coverage and lots of people. However, the way we treat female juveniles in correctional facilities was the next bill and the press and cameras were nowhere to be found. Dogs verses kids…dogs seem to win every time. I found this very troubling.
3. HB-304 seeks to allow for the termination of alimony payments in cases where the ex-spouse is cohabitating with another in a romantic situation. It was brought out that these types of issues can be brought to the courts attention and modifications of terms can be made by a judge. This bill was a little to general and many of the attorneys poked enough holes to make it look like Swiss cheese before we were through.
4. HB-349 represents a corrective bill to modify a broad change made last year in Peace Orders and Protective Orders relative to the shielding of certain records. It is a technical adjustment to the current law.
5. HB-426 for me was the most interesting bill discussed today. Essentially it would place juveniles who are classified as gang members under the jurisdiction of the adult courts. I liked the idea of treating the gang bangers as adults for court purposes. This would allow more significant sentencing for crimes committed by extremely street wise 16 and 17 year olds. Many of whom are creating mayhem on our city streets and even reaching into our rural communities. Of course, the ACLU was on hand to defend the indefensible.
6. HB-511 seeks to address perceived inequalities between opportunities and programs available to male juveniles verses those currently available to female juveniles. This would mandate equality of program opportunities much like Title 9 does for sports programs. The only problem is the cost. Juvenile females only make up about 10% of our inmate population. Due to the need to keep male and female inmates separated, the cost of providing duplicate programs would be severe. We were assured by the Department of Juvenile Justice that they are concerned and want to correct many issues that seem to be out of joint with the department at the present time. There was grave concern voiced by the committee as to the recidivism rate for juvenile offenders being higher that for adult inmates. This must be tackled and programs that don’t work need to be abandoned in search of better models.
• On Friday, we took our first votes in Judiciary. If a bill received at least 12 votes, it was listed as “favorable” and sent to the full House for a Second Reading. If a bill did not receive 12 votes of support, it was listed as “unfavorable” and is considered dead in the committee this year. There are also bills that are held by the Chairman which cannot be voted on unless he brings the bill up for a vote. Many bills, even with strong committee support, will wind up staying “in the drawer” by the decision of the Chairman and never see the light of day. I believe all bills deserve an up or down vote in the committee, but this prerogative lies with the Chairman of each committee.
Here is a list of the bills that received a “Favorable” vote from the Judiciary Committee today:
HB-49
HB-105
HB-133
HB-345
Here is a list of the bills that received an “Unfavorable” vote from the Judiciary Committee today:
HB-91
HB-94
HB-132
HB-134
HB-138
HB-140
HB-149
HB-169
HB-189
HB-239
HB-272
HB-276
HB-342
HB-419
HB-475
Jack Hege, believed to be the only person to have attended every Daytona 500 as a spectator, will see that streak continue with help from Richard Childress Racing.
The 84-year-old Lexington, N.C., resident said last month that health issues would prevent him from attending this year's race. He even declined an offer from Roush Fenway Racing to fly down on the team's plane.
When his doctor told Hege on Wednesday that his broken arm, which was operated on in December, would not prevent him from traveling, he accepted an offer from Childress Racing to attend the race.
"It's unbelievable," Hege said. "It's unbelievable. I didn't dream I'd ever get to go."
David Hart, director of corporate communications for RCR, contacted Hege, who admits that "I hated to hang up. I wanted to keep talking and talking and thanking people for what they've done for me. (Hart) said that Richard wanted to do something for me, saying that anybody that had went through what I went through for 53 years deserves some help. I appreciate it."
He and friend Don Beck, who also lives in Lexington, will fly on Childress' plane and be a guest of the championship car owner for the race.Now that Hege's streak will continue, he's thinking about next year's race.
"It's something to look forward to," Hege said. "It helps a person keep going. It means a lot to me."
***Eighty-four year old Jack Hege and his friend Don Beck got to see yesterdays Daytona race.***
Be sure to buy tickets for the raffle of a beautiful donated quilt from RobinAnne’s Quilting Service!
$1 = 1 ticket $5 = 6 tickets $15 = 20 tickets! Quilt to be raffled is event photo!!!
Get your tickets today!!
The county last week began advertising the position of executive secretary in the office of County Commissioners, a job starting at $30,213 with duties included oversight of boat slip fees.
Somerset County State's Attorney Daniel Powell said Wednesday that he referred the case to his counterpart in Worcester County, Beau Oglesby. Powell, a former county administrator who once supervised the employee under investigation, turned the case over to the Worcester state's attorney to avoid a potential conflict of interest.
Oglesby was not available for comment.
Powell confirmed that more than $6,000 was allegedly taken from the boat slip account between Sept. 2, 2008, and July 7, 2010. Powell also acknowledged that he was county administrator in early September 2008 when one of the alleged thefts took place, based on audit data. The second incident was March 17, 2009, when the late Sam Boston was county administrator.
"There were several occasions, and I was county administrator when one of the alleged incidents occurred," Powell said. "It will be up to Mr. Oglesby whether to press charges."
To Read More Go Here....
The 8-year-old shepherd (pictured here with his partner Pfc. Freddie Howard) passed away Tuesday from a degenerative disk disorder in his spine.
K-9 Officer Delon came to the OCPD in 2005 from the Czech Republic and has spent over 1,000 training hours as the OCPD’s only explosives K-9. Delon also trained with Dover Air Force Base and the Ocean City Fire Marshal’s Office.
Thankyou for your service K-9 Officer Delon.
The Worcester County Sheriff’s Office deputy is not being identified at this time. The deputy is a seven-year law enforcement veteran and has served with the sheriff’s office for about five years.
Worcester County Sheriff Reggie Mason contacted the Maryland State Police last night and requested that Homicide Unit investigators conduct the investigation into a police involved shooting. State Police Homicide Unit investigators responded and were assisted by investigators from the Worcester County Bureau of Investigation and the Worcester County State’s Attorney’s Office. State’s Attorney Beau Oglesby responded to the scene and has been personally consulted by investigators.
The preliminary investigation indicates that shortly before 10:00 p.m. yesterday, a Worcester County Sheriff’s Office K-9 deputy responded to a 911 call for a reported burglary in progress at Venables Electric, in the 10000-block of Old Worcester Highway (Rt. 575) in Berlin. The witness reported that a vehicle had pulled to the rear of the business and a person appeared to be attempting to enter the building.
Initial information indicates that when the deputy arrived, she got out of her patrol vehicle with her dog. Almost immediately, a Ford F-150 pickup truck drove from the rear of the building. The deputy, who had her .45 caliber department-issued pistol drawn, attempted to stop the truck.
The truck, being driven by Collins, stopped several feet in front of the deputy. The deputy gave repeated verbal commands to Collins to surrender.
Collins, who was alone in the truck, ignored those commands and accelerated, driving directly toward the deputy. In fear for her life, the deputy fired her pistol at the driver.
The deputy was able to avoid being struck by the truck. Collins drove out of the lot and turned left on Rt. 575. The deputy pursued Collins in her patrol car. The pursuit continued onto Carey Road and then to northbound Rt. 113.
Once on Rt. 113, Collins stopped the truck and surrendered to the deputy and two other deputies who had responded to the pursuit. The deputies saw Collins had sustained gunshot wounds and immediately provided emergency care and summoned assistance.
Collins was flown by a Maryland State Police helicopter initially to the Peninsula Regional Medical Center and then on to the University of Maryland Shock Trauma Center in Baltimore. At this time, his wounds are not believed to be life-threatening.
Crime scene technicians from the Maryland State Police and the Ocean City Police Department responded to the scenes and spent the night collecting evidence. The truck driven by Collins has been taken to the Berlin Barrack where it will be processed later today pursuant to a search warrant. Investigators can see several air conditioning units in the bed of the truck, which are believed to have been stolen from Venables Electric. One unit fell off the truck during the pursuit.
Investigators learned there had been air conditioning units located outside the rear of Venables Electric. It does not appear Collins gained entry into the building before the deputy arrived.
The investigation is continuing.
**It has since been reported the deputy is Cpl. Katie Edgar, a seven-year law enforcement veteran who has served with the Worcester County Sheriff's Office for about five years.***
Feb. 14th, 2011
Today, the Eastern Shore and all the rest of Maryland received a Valentine’s Day surprise delivered by Governor O’Malley and two metropolitan legislators in the form of a coming moratorium on the use of septic systems. Citing the need to make further progress on the Bay, the Governor said now was the time to get serious on the way we develop and deal with sewage treatment. The sweeping legislation being offered by Del. Lafferty and Senator Pinsky would not allow any significant development of land to occur outside of areas serviced by wastewater treatment plants. In his remarks, the governor did not shy away from the notion that this has all the potential of reducing the value of land in many areas around the state, and, in particular, the Eastern Shore.
The irony of this must not be lost in the shuffle. Here we have a Baltimore Delegate introducing legislation that will have incredible impact on rural counties. He also highlighted Worcester County as being a poster child for this type of legislation. Now while I love hearing the lower shore being touted as an example for the rest of the state, it would have been nice if the delegate had taken the time to speak with those of us on the shore who represent areas that have already taken the lead in conservation, resource, and septic management. We call that “buy in”, and it is sorely lacking from the governor’s proposal.
Planning is a key element governing growth and it should always be performed as close to the people as is possible. The reason that Worcester County has been so successful is the very reason the governor’s plan will be problematic. The county took several years to garner input from all interested citizens in Worcester County. It also involved direct feedback from every local government entity prior to being implemented. This collaborative effort brought farmers, developers, civic leaders, environmentalists, and the business community together for the overall good of the whole county. In the end, the plan reflected the goals and desires of our folks moving forward.
Good planning is best performed at the local level. Infusing more centralized power into the MD Dept. of Planning is not the answer when it comes to encouraging smart growth initiatives. In fact, several counties on the shore are already utilizing best growth practices when it comes to this issue. The same cannot be said for much of the western shore, including many metro areas such as Prince Georges County.
Following the press conference, I spoke directly with the Secretary of Planning, Richard Hall, and told him of my concerns. I further conveyed that, like many programs coming to us from the administration, there is no buy in at the legislative level with those who will inherently find themselves in opposition from the get go. This is not leadership and it is not based on the sound principles of taking time to get legislation correct before attempting passage.
I encourage all who share my concerns to stay vigilant and aware as these bills begin to make their way through the House and Senate.