Council meeting on Tuesday, Sept. 29, 2020

Council to introduce bills to strengthen County’s ethics law, require racial equity and social justice impact statements for zoning text amendments and conduct a public hearing and vote on nearly $7.7 million to support school-age child care on Sept. 29
Council also scheduled to vote on County Executive's appointee for Chief Administrative Officer Richard Madaleno and bills to significantly reduce the uniform trader’s license fee, prohibit the intentional release of balloons and prioritize energy reduction for green building property tax credits

The Council will meet virtually on Tuesday, Sept. 29 at 9:30 a.m. 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

Bill 42-20, Ethics – Public Accountability and Transparency Amendments
The Council will introduce Bill 42-20, which would require the Executive to provide information to the Council about 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. Councilmember Andrew Friedson is the lead sponsor. Council President Sidney Katz and Councilmembers Craig Rice, Evan Glass and Nancy Navarro are cosponsors. The goal of this legislation is to increase public accountability and County transparency. Bill 42-20 also would do the following:

• include the sale or promotion of certain intellectual property by a public employee as other employment;
  
• prohibit a public employee who has received compensation from an individual or organization in the previous 12 months from participating in a procurement with that individual or organization;
  
• require a public employee who participates in a procurement process with an individual or organization seeking to do business with the County that compensated the public employee for services performed more than 12 months before the participation began to disclose the prior relationship to the procurement director;
  
• require an elected official or non-merit employee to disclose, with some exceptions, the source of each fee greater than $1,000 received for services in a financial disclosure statement; and
  
• prohibit the chief administrative officer from engaging in other employment
  A public hearing on Bill 42-20 is scheduled for Oct. 20.

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 introduce 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. Council President Sidney Katz and Councilmembers Craig Rice, Evan Glass and Nancy Navarro are cosponsors. The goal of this legislation is to improve transparency in employee compensation. A public hearing on Bill 43-20 is scheduled for Oct. 20.

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 Statements – Advisory Committee Amendments
The Council will introduce 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 that includes members of the public.

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 public hearing on Bill 44-20 is scheduled for Oct. 20.

The Council staff report can be viewed here.

#EquityMattersInMoCo and #LandUseEquity are being used for this bill on social media.

Bill 41-20, Agricultural Land Preservation – Solar Collection System – Dedication of Business Personal Property Tax Revenue
The Council will introduce Bill 41-20, which would dedicate business personal property tax revenue received for a solar collection system constructed in the Agricultural Reserve Zone for the Agricultural Land Preservation Fund. The Agricultural Land Preservation Fund is an existing, special, non-lapsing revolving fund used to purchase property interests, such as an agricultural easement, to preserve agricultural land in the County. Councilmember Andrew Friedson is the lead sponsor. The goal of this legislation is to increase funding for the Agricultural Land Preservation Fund.

The Council staff report can be viewed here.

#PreservingAg is being used for this bill on social media.

Novel Coronavirus (COVID-19) Update
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.

Board of Appeals Interviews
The Council will interview the following candidates for the Board of Appeals: John Pentecost, current chair of the Board of Appeals; and Laura Seminario-Thornton. Mr. Pentecost’s first full term expires this month.

The Council staff report can be viewed here.

Confirmation of County Executive’s appointee as Chief Administrative Officer: Richard Madaleno
The Council is scheduled to vote on the confirmation of Richard Madaleno as the County Executive’s appointee to the position of chief administrative officer (CAO) for Montgomery County. Mr. Madaleno was interviewed for this position by the Council on Sept. 22, and he has been serving as acting CAO since August. His appointment will become effective upon Council confirmation.

The Council staff report can be viewed here.

Bill 40-20, Uniform Trader’s License Fee
The Council is scheduled to vote on Bill 40-20, which would establish a uniform license fee of $15 for a trader’s license within the County. Councilmembers Evan Glass and Andrew Friedson are the lead sponsors. Councilmembers Nancy Navarro, Craig Rice, Gabe Albornoz, Hans Riemer and Council President Sidney Katz are cosponsors. The goal of this legislation is to provide financial relief to retail businesses and restaurants who have been hard-hit by the global pandemic. Currently trader’s license fees range between $15 to $800 annually for any business that has retail inventory and the fee is established based on the value of the inventory. The Government Operations and Fiscal Policy Committee recommends approval.

The Council staff report can be viewed here.

Bill 6-20, Solid Waste (Trash) - Release of Balloons
The Council is scheduled to vote on Bill 6-20, which would prohibit the release of a balloon into the air in certain circumstances and prescribe penalties for the unlawful release of a balloon. Councilmember Tom Hucker is the lead sponsor. The Transportation and Environment Committee recommends approval with amendments. The goal of this legislation is to help protect wildlife and the environment.

The Council staff report can be viewed here.

Bill 10-20, Property Tax Credit – Energy and Environmental Design – Eligibility Criteria and Amounts of Credit
The Council is scheduled to vote on Bill 10-20, which would improve an existing County green building property tax credit by prioritizing energy production in new and existing commercial and multifamily buildings and ensuring that incentives are given only for buildings that surpass requirements of the County's building code. Councilmembers Andrew Friedson and Hans Riemer are the lead sponsors. Council President Sidney Katz is a cosponsor. The goal of this bill is to help accelerate the construction of highly energy efficient buildings and green retrofitting of existing buildings.

The bill would do the following:

• alter the eligibility criteria for the property tax credit for energy and environmental design;
  
• alter the amounts and durations of the property tax credit for energy and environmental design by type of building; and
  
• alter annual limits on the total amounts of property tax credits granted by the County for energy and environmental design.

The Government Operations and Fiscal Policy Committee and the Transportation and Environment Committee recommend approval with amendments.

The Council staff report can be viewed here.

Forest Glen/Montgomery Hills Sectional Map Amendment
The Council will introduce Sectional Map Amendment (SMA) H-137, which was filed by the Maryland-National Capital Park and Planning Commission. SMA H-137 is a comprehensive rezoning application to implement the zoning recommendations contained in the approved and adopted Forest Glen/Montgomery Hills Sector Plan. A public hearing on this amendment is scheduled for Nov. 10 at 1:30 p.m.

The Council staff report can be viewed here.

Zoning Text Amendment (ZTA) 20-30, Townhouse Living – Conditional Use Standards
The Council will introduce ZTA 20-30, which would amend the standards for allowing townhouse dwelling units as a conditional use. Townhouses are allowed as a conditional use in the RE-1 and R-200, R-90 and R-40 residential zones. Councilmember Hans Riemer is the lead sponsor. Conditional use approval allows a density of up to 15.7 townhouses per acre for developments, where all structures meet livability standards for accommodating disabled residents, including where all parking spaces are designed to have eight-foot access aisles. ZTA 20-03 would eliminate the requirement for public bus service abutting the site; increase allowed distance from recreation facilities to 1,500 feet; clarify that the distance to a Metro station is measured as a radius; and require an access aisle for one of every four parking spaces. A public hearing on this ZTA is scheduled for Nov. 10.

The Council staff report can be viewed here.

Zoning Text Amendment 20-01, Solar Collection System – AR Zone Standards
The Council will review ZTA 20-01, which would revise the solar collection system use standards to allow larger facilities in the Agricultural Resource (AR) zone. Councilmember Hans Riemer and Council Vice President Tom Hucker are the lead sponsors. Councilmember Craig Rice is a cosponsor. The total amount of collection systems on all parcels would be limited to 1,800 acres. Any collector system constructed under the proposed amendment must be designated pollinator-friendly under the Maryland Pollinator-Friendly Designation Program.

The Council staff report can be viewed here.

Public hearings
All public hearings to be held at 1:30 p.m.

Supplemental Appropriation - MCPS - $1,074,972 for MCPS Safe Schools Grant
The Council will hold a public hearing and vote on a supplemental appropriation of $1,074,972 for the MCPS Safe Schools Grant. This supplemental appropriation is needed because MCPS received funding from the Maryland Center for School Safety in June (FY20). Approval of this appropriation request would allow MCPS to spend the FY20 state grant funds. MCPS plans to use these grant funds to enhance school safety efforts, including additional student mental health support; mentoring and trauma informed care efforts; behavioral threat assessment efforts and training; stakeholder outreach in areas of prevention and intervention, gang awareness and pedestrian and traffic safety; and addressing the gaps and challenges identified as a result of the mandated school safety evaluations. The Council staff report can be viewed here.

Supplemental Appropriation and CIP Amendment - MCPS - $602,651 for Planned Lifecycle Asset Replacement
The Council will hold a public hearing and vote on a supplemental appropriation of $602,651 to MCPS’ Fiscal Year 2021 (FY21) Capital Budget and an amendment to the FY21-26 CIP for Planned Lifecycle Asset Replacement: MCPS Project. The source of funds is the State of Maryland Aging Schools Program. The funds will be used towards capital improvements in aging schools which will protect the school from deterioration, improve school safety for students and staff and enhance the delivery of educational programs. The Council staff report can be viewed here.

WSSC FY21 Spending Control Limits
The Council will hold a public hearing on FY21 spending control limits for the Washington Suburban Sanitary Commission (WSSC). Each year by Nov. 1, both the Montgomery and Prince George’s County Councils approve spending control limits for the upcoming WSSC budget. WSSC staff develops a base case, six-year forecast, which is then reviewed by a bi-county workgroup. The Council staff report can be viewed here.

Supplemental Appropriation - DOT - $70,574 for Streets and Roads - Roadside Trees - Protection
The Council will hold a public hearing and vote on a supplemental appropriation of $70,574 to the Montgomery County Department of Transportation. This appropriation is needed to authorize the expenditure of funds received during FY20, for the replacement of roadside trees as required by Bill 41-12 – Streets and Roads – Roadside Trees – Protection. The money is from the Street Tree Planting Fund and can be used only for this purpose. The Council staff report can be viewed here.

Special Appropriation - Early Care and Education NDA COVID-19 - $7,687,000 for School-Age Child Care During Distance Learning
The Council will hold a public hearing and vote on a special appropriation of $7,687,000 to the Early Care and Education Non-Departmental Account (NDA) for school-age child care during distance learning. This special appropriation, which was spearheaded by Council President Sidney Katz, will provide funding to allow school-age child care providers to open licensed child care programs in public school buildings to support working parents. Child care providers for school-age children need support in order meet COVID-19 social distancing and safety requirements and keep tuition affordable for parents. The special appropriation also provides before, during and after school child care for children from working families with low incomes and children in foster care, while MCPS is meeting virtually during the first semester of the 2020-2021 school year. Many parents and caregivers do not have the ability to telework and provide supervision for their children as they navigate on-line instruction. Families with low incomes and foster families often need additional support, so that their children can access virtual learning. The Council staff report can be viewed here.

Supplemental Appropriation - MCPS - $1,117,512 for Broadband for Unserved Students Grant
The Council will hold a public hearing and vote on a supplemental appropriation to the FY21 Operating Budget for Montgomery County Public Schools for the Broadband for Unserved Students Grant. The source of funds for the more than $1.1 million supplemental appropriation is the Coronavirus Aid, Relief and Economic Security (CARES) Act-Coronavirus Relief Fund. MCPS plans to use these grant funds to purchase and provide cellular hotspots and service for students who may be at a disadvantage in accessing broadband service. The Council staff report can be viewed here.

Supplemental Appropriation - MCPS - $13,241,438 for Tutoring Program Grant
The Council will hold a public hearing and vote on a supplemental appropriation to MCPS’ FY21 Operating Budget of $13,241,438 for the Tutoring Program Grant. The source of funds is the CARES Act-Coronavirus Relief Fund. MCPS plans to use these grant funds for online tutoring opportunities for MCPS elementary, middle and high school students to recover reading and mathematics skill deficiencies from the lack of direct instruction due to the COVID-19 pandemic. The Council staff report can be viewed here.

Supplemental Appropriation - MCPS - $18,344,404 for Technology Program Grant
The Council will hold a public hearing and vote on a supplemental appropriation to MCPS’ FY21 Operating Budget of $18,344,404 for the Technology Program Grant. The source of funds is the CARES Act-Coronavirus Relief Fund. MCPS plans to use these grant funds for technology-related learning. Specifically, MCPS’ goal is to provide one-to-one technology access for all students, which includes a computer or device and internet access. The Council staff report can be viewed here.

Supplemental Appropriation - MCPS - $1,748,276 for Governor’s Emergency Education Relief (GEER) Fund Grant
The Council will hold a public hearing and is scheduled to vote on a supplemental appropriation to MCPS’ FY21 Operating Budget of $1,748,276 for a GEER Fund grant. MCPS plans to use these grant funds to increase technology options (internet devices) for students and staff who need it to effectively engage in remote learning experiences and to ensure equity of access. The Council staff report can be viewed here.

Resolution to Authorize Montgomery County Application for Community Development Block Grant Funds for Emergency Rental Assistance
The Council will hold a public hearing and vote on a resolution to authorize Montgomery County’s application for Community Development Block Grant Funds for Emergency Rental Assistance. The COVID-19 pandemic has caused severe income loss and economic distress for many households in Montgomery County. Many households are unable to pay all or part of their rent. Households with low- and moderate-incomes have been disproportionately impacted by the pandemic. The governor and the Centers for Disease Control and Prevention have issued orders preventing evictions for failure to pay rent due to loss of income from COVID-19; however, when the moratoriums are eventually lifted the rent will still be due. The State of Maryland is accepting applications for a competitive grant program for emergency rent assistance. It is funded with federal CDBG-CV funds. Montgomery County intends to apply for $15 million in funding. The application requires a public hearing and a resolution from the Council supporting the application. The Council staff report can be viewed here.

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