For Immediate Release: Monday, October 26, 2020
Council also will review report from the Office of the Inspector General on data security, receive an update on COVID-19 public health planning and recovery and introduce zoning measure to increase mulching and composting
The Council will meet virtually on Tuesday, Oct. 27 at 9:30 a.m. and will begin with the following presentations: Councilmember Evan Glass will present a proclamation recognizing the Victim Services Advisory Board; Council President Sidney Katz will present a proclamation recognizing White Cane Awareness Day; and Councilmember Nancy Navarro will present a proclamation recognizing Breast Cancer Awareness Month.
Council staff reports and additional information on items scheduled for Council review can be viewed at: http://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
Supplemental Appropriation to Montgomery College’s FY21 Current Fund Budget - $4,497,874 for CARES Act Higher Education Emergency Relief Fund
The Council will introduce a supplemental appropriation of nearly $4.5 million for the Higher Education Emergency Relief Fund Formula Grant. The source of funds is the Coronavirus Aid, Relief, and Economic Security (CARES) Act-Coronavirus Relief Fund. Montgomery College was awarded $10,995,749 in CARES Act funds for direct relief to students and institutional purposes related to COVID-19 impacts, and $5,497,875 is allocated to provide emergency relief to students. In May, the Council approved a $1 million appropriation in CARES funding for institutional purposes. Montgomery College has requested approval to utilize the remaining $4,497,874 to support technology access for students, faculty and staff; student assessment, placement and advising; specialized equipment and technology for students needing disability support services; training faculty for remote teaching; and development of online and remote labs and activities. The Council is scheduled to hold a public hearing and vote on this appropriation on Nov. 10.
The Council staff report can be viewed here.
Special Appropriation to the Fiscal Year 2021 Operating Budget, Montgomery County Government, Children’s Opportunity Fund Non-Departmental Account (NDA) - $1,800,000 for COVID-19 Educational Enrichment and Equity Hubs (Source of Funds: Federal Grant Funds and General Fund Reserves); and Amendment to FY21 Operating Budget Resolution 19-472 Section G, FY21 Designation of Entities for Non-Competitive Contract Award Status: Greater Washington Community Foundation
The Council will introduce a $1.8 million special appropriation for the Children’s Opportunity Fund and the Black and Brown Coalition for Educational Equity and Excellence to expand the number of Educational Equity and Enrichment (EEE) Hub sites. This funding will serve 500 children throughout the County during a 12-week period. Councilmember Craig Rice, who serves as chair of the Council’s Education and Culture Committee, initiated this funding, which is being sponsored by the full Council. The goal of the program is to provide supervision and virtual learning supports to mitigate the negative impact that distance learning challenges have on Black and brown students and those from low-income families. The Council is scheduled to hold a public hearing and vote on this appropriation on Nov. 10.
The Children’s Opportunity Fund leverages public funds to attract private investment and makes strategic investments to improve the lives of children from low-income families in Montgomery County. The Fund has partnered with the Black and Brown Coalition for Educational Equity and Excellence, which advocates for equity for underserved Black and brown students and students from low-income families in Montgomery County, and child care providers who are licensed by the state of Maryland to deliver services in public school space to implement EEE Hubs.
The creation of the Children’s Opportunity Fund was spearheaded by Councilmember Nancy Navarro with the support of the full Council and Montgomery County Public Schools. It was established in partnership with the Greater Washington Community Foundation in May 2016 to provide funding to support policy priorities that address the social determinants that impact the achievement gap for vulnerable children and the barriers faced by their families.
The Council staff report can be viewed here.
Special Appropriation to the County Government’s FY21 Operating Budget, Office of the County Executive - $5,050,000 for Support for COVID-19 Response - Tourism Stabilization Grant Program, and Amendment to FY21 Operating Budget Resolution 19-472, Section G, Designation of Entities for Non-Competitive Contract Award Status - Conference and Visitors Bureau
The Council will introduce a $5,050,000 special appropriation to create the Tourism Stabilization Grant Program. This grant program will be administered by the Office of the County Executive and provide grants to eligible non-profit organizations in the tourism industry and fund an accreditation program through Visit Montgomery. The Council is scheduled to hold a public hearing and vote on this appropriation on Nov. 10.
The Council staff report can be viewed here.
Special Appropriation to the County Government’s FY21 Operating Budget, Arts and Humanities Council of Montgomery County (AHCMC) Non-Departmental Account (NDA) - $334,500 for Arts COVID-19 Relief Fund
The Council will introduce a $334,500 special appropriation to provide additional emergency grant funding to the Arts and Humanities COVID-19 Relief Fund, so that all eligible organizations and individuals will receive equitable grant funding levels. The County will seek reimbursement from the federal and state government for any eligible costs. Councilmembers Craig Rice and Evan Glass initiated this funding, which is sponsored by the full Council. The Council is scheduled to hold a public hearing and vote on this appropriation on Nov. 10.
The Council staff report can be viewed here.
FY22 Spending Control Limits for WSSC
The Council is scheduled to vote on Fiscal Year 2022 (FY22) Spending Control Limits for the Washington Suburban Sanitary Commission (WSSC). Each fall, the Montgomery and Prince George’s County Councils consider spending control limits for WSSC, with the aim of approving these limits by Nov. 1 of each year. These limits establish a water and sewer volumetric rate ceiling as well as limits regarding new debt, debt service, and water and sewer operating expenses for use by WSSC in the development of its upcoming proposed budget.
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 the result of the Council’s Oct. 13 meeting, requested by Councilmember Nancy Navarro and supported by the full Council, about the Coronavirus Relief Fund, the Council receives 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.
Inspector General Report: Memorandum of Investigation #21-003, County SharePoint Platform Exposes Sensitive Information of Vulnerable Populations
The Council requested a briefing with Inspector General Limarzi and Executive staff to conduct a full and transparent review of the findings and recommendations in the Memorandum of Investigation #21-003, County SharePoint Platform Exposes Sensitive Information of Vulnerable Populations, to ensure that additional data safeguards have been implemented across County government operations. On Sept. 24, Inspector General Limarzi sent a Memorandum of Investigation to then-Acting Chief Administrative Officer Richard Madaleno to advise him of the discovery of sensitive and personally identifiable information found on information sharing platforms used by the County. She noted that the Office of the Inspector General has raised concerns about data security issues several times in the last few years.
This report is an example of why the Council has taken a proactive approach to empower the Office of the Inspector General with the resources needed that reflect the size of the County’s budget and are in line with best practices to ensure that investigative work is being conducted continuously.
The full report can be found here.
2020-2024 Subdivision Staging Policy
The Council will continue 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. The Council will continue its review of 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 some 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 continue its review of 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 Planning Board.
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 continue its review of 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 continue its review of 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
Zoning Text Amendment 20-04, Farming Defined - Accessory Mulching and Composting
The Council will introduce Zoning Text Amendment (ZTA) 20-04, which would allow an increase in the percentage of off-site material that can be used in accessory composting and mulching uses from 20 to 50 percent. Currently, mulching and composting are allowed as accessory uses to farming, if material trucked from off-site locations is limited to 20 percent. The County generates a tremendous amount of yard and food waste. Recycling that material is preferable to generating waste. The goal of this zoning change is to allow the agricultural industry to use more yard and food waste. Councilmembers Evan Glass spearheaded ZTA 20-04, and Councilmembers Andrew Friedson and Nancy Navarro are co-leading this effort. Councilmembers Hans Riemer, Gabe Albornoz and Will Jawando are co-sponsors. A public hearing is scheduled for Dec. 1.
The Council staff report can be viewed here.
Bill 29-20, Taxation – Payments in Lieu of Taxes – WMATA property - Established
On Oct. 5, the Council enacted Bill 29-20 by a vote of 7-2 to generate additional high-rise housing at Metro stations. County Executive Elrich vetoed the bill. The Council will reconsider the bill and may vote to override the Executive's veto. Bill 29-20, called the “More Housing at Metrorail Stations Act,” requires the director of the Department of Finance to offer a payment in lieu of taxes for a residential or commercial high-rise building constructed by a private developer on property leased from the Washington Metropolitan Area Transit Authority (WMATA) at a Metro station. The bill would require the payment in lieu of taxes that would exempt 100 percent of the real property tax that would otherwise be levied for a period of 15 years beginning in the year a use and occupancy permit is issued for the qualifying development. Councilmembers Hans Riemer and Andrew Friedson are the lead sponsors. Councilmembers Evan Glass, Nancy Navarro, Council President Sidney Katz, Councilmember Gabe Albornoz, Council Vice President Tom Hucker and Councilmember Craig Rice are cosponsors. The goal of this legislation is to make a significant positive impact on the viability of building new housing on Metro station property. Presently, there are no high-rise developments underway on any Metro station property in Montgomery County.
The Council staff report can be viewed here.
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