For Immediate Release: Monday, October 19, 2020
Council also will recognize Councilmember for a Day applicants, review the process for amending the Master Plan for Historic Preservation, receive an update on COVID-19 public health planning and recovery, vote on waste reduction bills and appoint new member to the Board of Appeals
The Council will meet virtually on Tuesday, Oct. 20 at 9 a.m. and will begin with the following presentations: Council President Sidney Katz will present a joint proclamation with County Executive Elrich for Domestic Violence Awareness Month; Councilmember Gabe Albornoz will present a proclamation to recognize National Disability Employment Awareness Month; and Councilmember Craig Rice will spotlight this year's Councilmember for a Day applicants with a video presentation.
Council staff reports and additional information on items scheduled for Council review can be viewed at: https://www.montgomerycountymd.gov/COUNCIL/ondemand/index.html. The Council meeting schedule may change from time to time. The current Council agendas can be viewed at: http://www.montgomerycountymd.gov/COUNCIL/ondemand/index.html.
On the guidance of Health Officer and Chief of Public Health Services Dr. Travis Gayles, there is currently no public access to the Council Office Building. The virtual Council meeting will be streamed live on the Council’s web page via YouTube and on Facebook Live and can be watched on County Cable Montgomery on: Xfinity/RCN 6 HD 996/1056 and Fios 30.
Council Agenda Items
2020-2024 Subdivision Staging Policy
The Council will begin its review the County’s 2020-2024 Subdivision Staging Policy, which is one of the many ways that policymakers maintain and enhance Montgomery County's outstanding quality of life. The Subdivision Staging Policy is based on having sufficient infrastructure to support new development. It includes criteria and guidance for the administration of Montgomery County’s Adequate Public Facility Ordinance (APFO), which matches the timing of private development with the availability of public infrastructure. Every four years, recommendations for policy updates reflecting current growth patterns start with the Montgomery Planning Department, before being reviewed and approved by the Montgomery County Planning Board and the Council.
At Tuesday's meeting, the Council will begin addressing recommendations from the Government Operations and Fiscal Policy (GO) Committee and the Planning, Housing and Economic Development (PHED) Committee regarding school-related issues that directly affect both the Subdivision Staging Policy and the impact tax law. Companion legislation (Bill 37-20, Bill 38-20 and Bill 39-20) are needed to implement many of the Subdivision Staging Policy recommendations. The Council staff report includes a 15-page chart comparing the current Subdivision Staging Policy provisions with the Planning Board's recommendations and recommendations from the GO and PHED Committees for the numerous decision that must be made by the Council.
The Council staff report can be viewed here.
Bill 37-20, Subdivision – Preliminary Plan – Adequate Public Facilities – Amendments
The Council will review Bill 37-20, which would require an applicant requesting an extension of an adequate public facilities determination to provide a new determination of school adequacy for any remaining unbuilt units under the school test in effect at the time of the Planning Board’s review. Council President Sidney Katz is the lead sponsor, at the request of the County Executive.
The Council staff report can be viewed here.
#ValidityPeriod is being used for this bill on social media.
Bill 38-20, Taxation – Development Impact Taxes for Transportation and Public School Improvements – Amendments
The Council will review Bill 38-20, which would amend transportation and school impact tax district designations and the impact tax rates that apply in these districts. Bill 38-20 also would modify the applicability of development impact tax exemptions for certain uses and in certain locations, and generally amend the law governing transportation and school development impact taxes. Council President Sidney Katz is the lead sponsor, at the request of the Planning Board.
The Council staff report can be viewed here.
#ImpactTax is being used for this bill on social media
Expedited Bill 39-20, Taxation - Recordation Tax – Amendments
The Council will review Expedited Bill 39-20, which would increase the rate of the recordation tax levied under state law for certain transactions involving the transfer of property and would establish a partial exemption from the recordation tax for a first-time home buyer. Moreover, Bill 39-20 would amend the allocation of revenue received from the recordation tax to capital improvements for schools and to the Montgomery Housing Initiative Fund. Council President Sidney Katz is the lead sponsor, at the request of the Planning Board.
The Council staff report can be viewed here.
#RecordationTax is being used for this bill on social media
Appointment to the Board of Appeals
The Council will appoint a new member to the Board of Appeals and designate a chairperson. The Council determines the length of time a member may serve as chair. The Council establishes the chair’s compensation, which is adjusted annually each December to reflect 50 percent of the change in the Washington Area Consumer Price Index. By law, no more than three members of the Board of Appeals shall be from the same political party. This position can be filled by a Democrat, a Republican, a voter who is unaffiliated with a party or a voter who is a member of another party officially recognized by the Board of Elections. Current members of the Board of Appeals include Chair John Pentecost (Democrat), Katherine Freeman (Democrat), Bruce Goldensohn (Republican), Mary Gonzales (Democrat), and Richard Melnick (Unaffiliated).
The Council staff report can be viewed here.
Process for Amending the Master Plan for Historic Preservation
The Council will review the process for amending the Master Plan for Historic Preservation, which is the County’s preservation planning document and includes the list of all officially designated historic sites and districts. The amendment for the Mesrobian House was prepared at the request of the heirs of Mihran Mesrobian (owners of the property until 2020) and with the support of the present property owners. On July 23, 2020, the Planning Board held a public hearing, work session and voted on the subject plan. As a result, the Board listed the property in the Locational Atlas and Index of Historic Sites and recommends amending the Master Plan for Historic Preservation to list the subject property as a Master Plan Historic Site. A public hearing is scheduled for 1:30 p.m.
The Council staff report can be viewed here.
Novel Coronavirus (COVID-19) and County Public Health Planning
The Council will sit as the Board of Health to receive an update on the County’s ongoing response to the COVID-19 pandemic and its recovery efforts. The Council will be joined by Dr. Travis Gayles, County health officer and chief of the Department of Health and Human Services’ (DHHS) Public Health Services; Dr. Earl Stoddard, director, Office of Emergency management and Homeland Security; and Dr. Raymond Crowel, director, DHHS.
The Council staff report can be viewed here.
Coronavirus Relief Fund
As follow up to the Council’s Oct. 13 meeting requested by Councilmember Nancy Navarro and supported by the full Council about the Coronavirus Relief Fund, the Council will now receive a weekly status report on appropriations and expenditures from the fund by executive branch staff. Since all funds must be used by Dec. 31, 2020, it is important to track the County’s use of the funds and whether any reallocations or additional appropriations are necessary. Rich Madaleno, chief administrative officer, and Dr. Earl Stoddard, director, Office of Emergency Management and Homeland Security, will brief the Council.
The Council staff report can be viewed here.
The Council will vote on the following bills:
Expedited Bill 16-19, Special Capital Improvements Project – Gude Landfill Remediation
The Council is scheduled to vote on Expedited Bill 16-19 following the public hearing at 1:30 p.m. Bill 16-19 would authorize the planning, design and construction of the Gude Landfill Remediation project. The County Charter and County Code require that certain capital improvement projects be individually authorized by law, if the locally funded cost is projected to exceed the special projects legislation threshold. The threshold is $17.5 million in fiscal year 2021 dollars. As part of the FY21-26 Capital Improvements Program, the Gude Landfill Remediation project was approved with an updated total project cost estimate of $61.7 million and a revised construction schedule, with construction to begin in FY22 and to conclude in FY27. Council staff recommends approval of the bill as introduced.
The Council staff report can be viewed here.
Bill 32-20, Solid Waste (Trash) – Waste Reduction/Source Reduction and Single-Use Straws – Requirements
The Council is scheduled to vote on Bill 32-20, which would do the following: establish a program for waste reduction in Montgomery County; provide criteria for waste reduction initiatives and programs; set forth the method by which the program is established; prohibit the distribution of single-use straws except in certain circumstances; and post information that plastic straws will no longer be provided to a customer, except when necessary to accommodate a medical or disability-related need. Council President Sidney Katz is the lead sponsor of the bill, at the request of the County Executive. The Transportation and Environment Committee recommends approval with amendments.
The Council staff report can be viewed here
#WasteReductionPlan is being used for this bill on social media.
Bill 33-20, Solid Waste (Trash) – Food Service Products Packaging Materials – Requirements
The Council is scheduled to vote on Bill 33-20, which would prohibit single-use polystyrene food containers including plates and cups, meat and vegetable trays, egg cartons and other products made of polystyrene that are used for selling, providing or serving food or drink. Council President Sidney Katz is the lead sponsor of the bill, at the request of the County Executive. The T&E Committee recommends approval with technical amendments.
The Council staff report can be viewed here.
#FoodPackaging is being used for this bill on social media.
The following public hearings will be held at 1:30 p.m.:
Supplemental Appropriation to the County Government’s FY21 Operating Budget, Department of Environmental Protection - $372,079 for Naval Support Activity -Bethesda - Military Installation Resiliency Review Grant
The Council will receive public testimony on a supplemental appropriation of $372,079 to the Department of Environmental Protection’s FY21 Operating Budget to fund a climate planning resiliency study for Naval Support Activity (NSA) – Bethesda, which is home to the Walter Reed National Military Medical Center and Uniformed Services University. The Council staff report can be viewed here.
Public Accountability and County Transparency Act (Bill 42-20, Ethics - Public Accountability and Transparency – Amendments)
The Council will receive public testimony on Bill 42-20, which would, among other things, require the County Executive to disclose a proposed employment contract with an appointee to a non-merit position and any employment contract with an employee currently serving in a non-merit position to the Council. Councilmember Andrew Friedson is the lead sponsor. Councilmember Craig Rice, Council President Sidney Katz and Councilmembers Evan Glass, Nancy Navarro and Council Vice President Hucker are cosponsors. The goal of this legislation is to increase public accountability and County transparency. The Public Accountability and County Transparency Act also would do the following:
A GO Committee meeting on Bill 42-20 is tentatively scheduled for Nov. 23. The Council staff report can be viewed here.
#PACTAct is being used for this bill on social media.
Bill 43-20, Non-merit Employees - Merit System Employees - Severance Pay - Limited
The Council will receive public testimony on Bill 43-20, which would prohibit severance pay for a County employee unless authorized by law and prohibit severance pay for certain employees who violate the Ethics Law. Councilmember Andrew Friedson is the lead sponsor. Councilmember Craig Rice, Council President Sidney Katz and Councilmembers Evan Glass, Nancy Navarro and Council Vice President Hucker are cosponsors. The goal of this legislation is to improve transparency in employee compensation. A GO Committee meeting on Bill 43-20 is tentatively scheduled for Nov. 23. The Council staff report can be viewed here.
#SeveringSeverance is being used for this bill on social media.
Bill 44-20, Racial Equity and Social Justice - Impact Statement - Advisory Committee - Amendments
The Council will receive public testimony on Bill 44-20, which would require the Office of Legislative Oversight (OLO) to submit a racial equity and social justice impact statement for each zoning text amendment. Councilmember Nancy Navarro is the lead sponsor. All other Councilmembers are cosponsors. Bill 44-20 also would add two additional public members to the Racial Equity and Social Justice Advisory Committee and authorize the County Executive to establish one or more task forces to study and make recommendations on specified racial equity and social justice issues.
In November 2019, the Council unanimously approved the Racial Equity and Social Justice Act after conducting numerous community conversations and reviewing the analysis of the Council’s Office of Legislative Oversight. This seminal legislation was spearheaded by Councilmember Navarro.
The Racial Equity and Social Justice Act created an official program for Montgomery County government, under the oversight of the newly created Office of Racial Equity and Social Justice. It requires each County department and office to develop a racial equity and social justice action plan, and requires that legislation, public policy initiatives and government programs, supported by budget requests, include a racial equity and social justice impact statement. It also established a Racial Equity and Social Justice Advisory Committee.
Finally, it required the Montgomery County Planning Board to consider racial equity and social justice issues when preparing master plans for submission to the Council. These plans include recommendations for land uses, transportation and public facilities such as schools, libraries, community and recreation centers, parks and fire and police stations. A GO Committee meeting on Bill 44-20 is tentatively scheduled for Nov. 18.
The Council staff report can be viewed here.
#EquityMattersInMoCo and #LandUseEquity are being used for this bill on social media.
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Release ID: 20-409