Montgomery County Council Meets on Nov. 7 to Vote on a Supplemental Appropriation for the Drone as First Responder Pilot Program within the Montgomery County Police Department

Also on Nov. 7: Council will introduce legislation to conserve the tree canopy and vote on legislation to amend provisions for short-term residential rentals

For Immediate Release: Nov. 6, 2023

The Montgomery County Council will meet on Tuesday, Nov. 7 at 1:15 p.m. The meeting will begin with a proclamation presentation recognizing Remembrance and Reconciliation Month, led by Council Vice President Andrew Friedson, Councilmembers Will Jawando and Laurie-Anne Sayles and the County Executive. 

At 3:05 p.m., there will be an Art on the Walls presentation celebrating Montgomery College student artists, led by Councilmember Jawando, Council President Evan Glass and Council Vice President Friedson.

More detail on each agenda item is provided below. 

Public Hearings

Unless otherwise noted, the Council will hold the following hybrid public hearings at 1:30 p.m.  Residents can visit the Council website to learn about the multiple ways to provide testimony.

• OPT/SLT Bargaining Units - Pension Multipliers - Corrections for Group E and J Members
• Supplemental Appropriation #24-25 to the FY24 Operating Budget Montgomery County Government Department of Transportation Bill 11-23, Motor Vehicles and Traffic - Traffic Signals, Devices, And Automated Enforcement Plan (The Safe Streets Act of 2023), $1,606,000
• Special Appropriation #24-14 to the FY24 Operating Budget, Montgomery County Government Department of Housing and Community Affairs, Rent Stabilization Bill 15-23, $1,374,470
• Special Appropriation #24-24 to the FY24 Operating Budget Montgomery County Government Department of Technology and Enterprise Business Solutions Federal Grant, $22,784,400
• Supplemental Appropriation #24-35 to the FY24 Operating Budget Montgomery County Government Office of Emergency Management and Homeland Security Nonprofit Security Grant Program, $100,000
• Supplemental Appropriation #24-34 to the FY24 Operating Budget Montgomery County Government Department of Health and Human Services Montgomery County Infants and Toddlers Program - Consolidated Local Implementation Grant, $242,556

District Council Session

Zoning Text Amendment 23-08, Transferable Development Rights - Cemetery

Introduction: Lead sponsor Councilmember Marilyn Balcombe will introduce Zoning Text Amendment (ZTA) 23-08, Transferable Development Rights – Cemetery, which would allow a property owner in the Agricultural Reserve (AR) zone to expand a cemetery onto land that currently has a Transfer of Development Rights (TDR). Under the current zoning ordinance, a cemetery is prohibited if the lot or parcel on which the cemetery would be located is in the AR zone and is encumbered by a recorded TDR easement. ZTA 23-08 would allow a property owner in the AR zone to expand a cemetery onto land that currently has a TDR.

A TDR is a voluntary, incentive-based program that allows landowners to sell development rights from their land to a developer or other interested party who then can use these rights to increase the density of development at another designated location. While the seller of development rights still owns the land and can continue using it, an easement is placed on the property that prevents further development.

Resolution to Extend Public Hearing Date for Zoning Text Amendment 23-08, Transferable Development Rights – Cemetery

Introduction and vote expected: The Council will introduce and is expected to vote on a resolution to extend the public hearing date for ZTA 23-08, Transferable Development Rights - Cemetery. Under the zoning ordinance, the Council must advertise a public hearing on a ZTA no less than 30 days before the hearing is conducted and hold a public hearing no more than 60 days after introduction, unless an extension is introduced and approved by the Council. This resolution would extend the public hearing deadline on ZTA 23-08 until the close of business on Jan. 30, 2024, with the public hearing tentatively scheduled for Jan. 16.

Zoning Text Amendment (ZTA) 23-09, Farming - Incidental Outdoor Stays

Introduction: Lead sponsor Councilmember Natali Fani-González will introduce ZTA 23-09, which would allow overnight stays on farms in the AR zone that also have accessory agricultural education and tourism activities conducted as a part of the farm’s regular operations. Council President Glass and Council Vice President Friedson are cosponsors.

Under the current zoning ordinance, accessory agricultural education and tourism activities may be conducted as a part of a farm’s regular operations, as an accessory use to farming. Accessory agricultural education and tourism activities currently include corn mazes, hayrides, educational tours, classes and workshops. ZTA 23-09 would add incidental outdoor stays to the list of accessory agricultural education and tourism activities. Incidental outdoor stays will be allowed in separate structures from the primary residence, with certain limits on the number of persons, days and facilities.

Resolution to Extend Public Hearing Date for Zoning Text Amendment (ZTA) 23-09, Farming - Incidental Outdoor Stays

Introduction and vote expected: The Council will introduce and is expected to vote on a resolution to extend the public hearing date for ZTA 23-09, Farming - Incidental Outdoor Stays. Under the zoning ordinance, the Council must advertise a public hearing on a ZTA no less than 30 days before the hearing is conducted and hold a public hearing no more than 60 days after introduction, unless an extension is introduced and approved by the Council. This resolution would extend the public hearing deadline for ZTA 23-09 until the close of business on Jan. 30, 2024, with the public hearing tentatively scheduled for Jan. 16.

Supplemental Appropriation #24-21 to the FY24 Operating Budget Montgomery County Government Department of Police Drone as First Responder Pilot Program, $350,000

Vote expected: The Council is expected to vote on a $350,000 supplemental appropriation to the FY24 Operating Budget for the Drone as First Responder Pilot Program within the Montgomery County Police Department. The department is evaluating the use of drone technology to prevent and respond to crime in a more efficient manner. The pilot program is needed to better understand its potential impact on public safety. This one-time appropriation would fund an unmanned aircraft system pilot program in the Silver Spring and Wheaton police districts.

The Council held a public hearing on this appropriation on Oct. 17. The joint Public Safety (PS) and Government Operations and Fiscal Policy (GO) Committee recommends approval of the appropriation as amended.

Legislative Session

Bill 40-23, Tree Canopy and Roadside Tree Requirements - Fee Revisions

Introduction: Lead sponsors Council Vice-President Friedson and Council President Glass will introduce Bill 40-23, Tree Canopy and Roadside Tree Requirements – Fee Revisions, which would update the laws regarding the tree canopy and roadside tree work to encourage the conservation of trees in Montgomery County. This bill would adjust the fees payable to the Tree Canopy Conservation Account and the Street Tree Planting Fund.

Under the County’s roadside tree law, a permittee who removes a tree in the County’s right of way generally must pay a fee to the Street Tree Planting Fund maintained by the Department of Transportation. Similarly, under the County’s sediment control laws, an applicant for a sediment control permit must pay a fee into the Tree Canopy Conservation Account.

The bill is needed because the current structure for each of the fees has been insufficient to reflect actual costs of tree replacement, and it does not increase with inflation. The purpose of the bill is to promote tree preservation across Montgomery County and provide for a fee structure that is commensurate with costs.

Bill 40-23 would set the fee payable to the Street Tree Planting Fund at $450 per tree, with a biannual increase based upon inflation. The bill would set the fee payable to the Tree Canopy Conservation Account at $470 per tree, with a biannual increase based upon inflation.

A public hearing is tentatively scheduled for Nov. 28, 2023.

Bill 22-23, Transient Lodging Facilities - Short-Term Residential Rental

Vote expected: The Council is expected to vote on Bill 22-23, Transient Lodging Facilities - Short-Term Residential Rental. Bill 22-23, Transient Lodging - Short-Term Rental License, in conjunction with ZTA 23-04, would amend the provisions for short-term residential rentals. Bill 22-23 will reassign enforcement responsibility to the Department of Housing and Community Affairs (DHCA), increase the maximum penalty, amend the application process, and clarify the processes for challenges, suspensions, revocations and appeals.

The lead sponsor is Council President Glass at the request of the County Executive. The Planning, Housing and Parks (PHP), Health and Human Services (HHS) and Economic Development (ECON) Committees recommend enactment with amendments.

Consent Calendar

Each item on the Council’s Consent Calendar can be found on the Council agenda for Tuesday, Nov. 7, which is available on the Council website.

The Council meeting schedule may change from time to time. View the current Council and Committee agendas, Council staff reports and additional information on items scheduled for Council review on the Council website.

Council and committee meetings are 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, Fios 30, and on the CCM live stream.

Contact:

Genevieve Kurtz
240-777-7805
Genevieve.Kurtz@montgomerycountymd.gov

Additional Contact:

Benjamin Sky Brandt
240-777-7884
Benjamin.Brandt@montgomerycountymd.gov

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