The following committee meetings are scheduled for Monday, July 9. Individuals interested in attending a committee meeting should confirm the information on the day of the meeting by visiting the Council’s web page at https://tinyurl.com/CountyCouncilMeetings or by calling the Council’s Legislative Information Office at 240-777-7832. All meetings are held in the Council Office Building (100 Maryland Ave., Rockville, Md), unless otherwise noted.

Meeting: Government Operations and Fiscal Policy (GO) Committee
Date/Time: Monday, July 9 at 9:30 a.m.
Location: Seventh floor hearing room
GO Committee: Council Vice President Nancy Navarro (chair), Councilmember Sidney Katz, Council President Hans Riemer (lead for digital government)
Topics:
• Bill 7-18, Streets and Roads - Installation of County Communications Infrastructure
The GO Committee will review Bill 7-18, Streets and Roads - Installation of County Communications Infrastructure. Council President Hans Riemer is the lead sponsor. Councilmembers Roger Berliner, Marc Elrich, Craig Rice and Tom Hucker are cosponsors. The goal of this bill is to help extend County communications infrastructure in a cost-effective and efficient manner.

Bill 7-18 would do the following:
o require the Director of the Department of Technology Services to develop and periodically update a Strategic Plan to install County communications infrastructure throughout the County;
o require certain excavation projects to add the installation of County communications infrastructure at the County’s expense;
o establish a dig-once policy for adding the installation of County communications infrastructure in the public right-of-way; and
o require any person who leases the County’s communications infrastructure to follow net neutrality.

The staff report can be viewed here.

• Bill 6-18, Contracts - Labor Peace Agreements - Displaced Service Workers – Amendments
The GO Committee also will review Bill 6-18, Contracts - Labor Peace Agreements - Displaced Service Workers – Amendments. Councilmembers Marc Elrich and Tom Hucker are the lead sponsors. Councilmember Craig Rice and Council Vice President Nancy Navarro are cosponsors. The goal of this bill is to prevent potential interruptions of services for residents provided by County contractors. These services include security, janitorial, building maintenance, food preparation and some non-professional healthcare services.

Bill 6-18 would amend the County procurement laws to:
o require certain County contractors to enter in to a labor peace agreement with a labor organization;
o establish minimum requirements for a labor peace agreement;
o require certain County multi-term contracts to include a minimum price increase provision; and
o add certain workers performing services under a County residential solid waste collection contract to the County Displaced Service Workers Protection Act.

The staff report can be viewed here.

• Expedited Bill 16-18, Taxation - Transportation Mitigation Payment – Credit
The GO Committee will review Expedited Bill 16-18, Taxation - Transportation Mitigation Payment – Credit. Councilmember Nancy Floreen is the lead sponsor. Councilmembers Sidney Katz, Craig Rice and Council Vice President Nancy Navarro are cosponsors. The goal of this bill is to enable the Director of Finance to refund a transportation mitigation payment made under the circumstances described below.

Expedited Bill 16-18 would authorize the Director of Finance to refund a transportation mitigation payment or give the property owner a credit against the development impact tax for transportation due for the development in the amount of any transportation mitigation payment made for the same development prior to March 1, 2017. Transportation mitigation payments are used to fund transportation improvements.

The staff report can be viewed here.

• OLO Report 2018-4, Reverse Auction Purchasing
The GO Committee will close out its meeting with a review of OLO Report 2018-4, Reverse Auction Purchasing.

In 2017 the Council directed the Office of Legislative Oversight (OLO) to prepare a report that describes the use of reverse auctions in public sector purchasing, identifies the benefits and drawbacks and discusses potential future use by the Montgomery County Government.

The report made the following findings:
o State and local government procurement officers who have managed reverse auctions believe that reverse auctions can produce significant cost savings.
o It is difficult to precisely calculate the direct effect of reverse auctions on contract price.
o Only certain types of goods and services are well suited for purchase via reverse auction.
o Reverse auctions are not appropriate for small dollar value purchases in which the cost savings do not offset additional costs.
o Pre-qualification of vendors is essential when using price as the final determinant for contract award.

The OLO full report can be viewed here. OLO’s recommendations can be found on pages 38-39 of the report. The staff report can be viewed here.

Meeting: Planning, Housing & Economic Development (PHED) Committee
Date/Time: Monday, July 9 at 1:30 p.m.
Location: Seventh floor hearing room
PHED Committee: Councilmembers Nancy Floreen (chair), George Leventhal and
Council President Hans Riemer
Topics:
• Executive Regulation 3-18, Repair and Deduct
At 1:30 p.m. the Planning, Housing and Economic Development (PHED) Committee will meet to review Executive Regulation 3-18, Repair and Deduct. This regulation sets forth additional guidance and procedures related to implementing the repair and deduct remedy available to tenants of rental housing under Chapter 29 (landlord-tenant relations) of the County Code, in cases where a landlord fails to correct a violation identified under Chapter 26 (housing and building maintenance standards) of the County Code.

The staff report can be viewed here.

• Amendments to MCEDC bylaws
The PHED Committee also will review amendments to the bylaws of the Montgomery County Economic Development Corporation (MCEDC). The mission of MCEDC is to connect businesses with the resources and knowledge needed to succeed in the County. MCEDC helps businesses invest in the County and connects them with potential partners and talent that matches their needs.

The staff report can be viewed here.

• ZTA 18-04, Exemptions - Agricultural Zone
The PHED Committee also will review ZTA 18-04, Exemptions - Agricultural Zone. Council President Hans Riemer is the lead sponsor, at the request of the County Executive. ZTA 18-04 would allow the expansion of uses in the Agricultural Zone that were legal before October 30, 2014 but were subsequently made non-conforming. The Executive’s transmittal letter includes the following statement: “In light of the fact that there continues to be legitimate concerns about protecting farmland and agriculture, we need to restrict uses in those zones. For that reason this proposed amendment to the zoning text is proposed to apply only to those uses and structures that were existing and legal at the time the 2014 zoning text went into effect.” ZTA 18-04 would expand, not restrict, the potential for nonfarm uses in the Agricultural Zone. The ZTA, as proposed, would not limit the expansion of uses that were made non-conforming by the 2014 Zoning Rewrite.

The staff report can be viewed here.

• ZTA 18-03, Farm Alcohol Production - Standards
The PHED Committee will close out its meeting with a review of ZTA 18-03, Farm Alcohol Production – Standards. Council President Hans Riemer and Councilmember Craig Rice are the lead sponsors. Councilmembers George Leventhal, Sidney Katz and Nancy Floreen are cosponsors.
Currently, wineries are specifically allowed in Agricultural and Rural Residential Zones. ZTA 18-03 would incorporate many of the standards that were applicable to wineries and apply those standards and others to breweries, cideries and distilleries. In addition to the manufacture of alcoholic beverages, ZTA 18-03 would allow tasting rooms, the sale of food (to the extent allowed by the state manufacturing license) and up to nine events a year with 300 or more people. A larger number of events would be allowed only if the use is approved as a conditional use.

The staff report can be viewed here.

Meeting: Public Safety (PS) Committee
Date/Time: Monday, July 9 at 2:15 p.m.
Location: Third floor conference room
PHED Committee: Councilmembers Marc Elrich (chair), Tom Hucker and Sidney Katz (lead for behavioral health in justice system)
Topics:
• Executive Regulation 6-18, Police Leadership Service
The PS Committee will meet to review Executive Regulation 6-18, Police Leadership Service. The Police Leadership Service (PLS) is a program for merit system employees in high-level positions who are responsible for managing County public safety programs and services or developing and promoting public policy for major programs and management functions. This regulation amends the County Code to create a new PLS salary schedule to include in the sworn police managers schedule. It would align salary increases with performance.

The staff report can be viewed here.

• Montgomery County Police Department: Internal Affairs Investigation Process
The PS Committee also will receive a briefing on internal affairs investigations conducted by the Montgomery County Police Department. The following representatives from MCPD will attend the meeting: Captain Willie Parker-Loan, Director of Internal Affairs Division, Detective Sergeant Mark Sullivan and Detective Sergeant Harley Schwarz. Councilmembers and residents posed several questions to MCPD on their internal affairs processes and protocols and requirements for de-escalation training after the officer-involved shooting of Robert Lawrence White in Silver Spring. Requests were also made to view the body camera footage of the shooting. MCPD representatives will discuss internal affairs policies and procedures and answer questions from Councilmembers. The specifics of the ongoing investigation of Mr. White’s shooting will not be discussed.

The staff report can be viewed here.

All Committee meetings are broadcast live on County Cable Montgomery (Cable Channel 6 or 996 on Comcast, Channel 6 or 1056 on RCN and Channel 30 on Verizon) and are streamed live on the Council’s website at: www.montgomerycountymd.gov/council

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