Montgomery County Council Meets on April 19 at 9 a.m. to Review Legislation Creating a Police Accountability Board, Legislation Expanding Environmental Benchmarking and Establishing Building Energy Performance Standards and Appropriations
MARYLAND, April 18 - For Immediate Release: Monday, April 18, 2022
Also on April 19: Public hearings on the FY23 Operating Budget and introduction of a resolution to support removing former U.S. Senator Francis G. Newlands’ name from the memorial fountain in Chevy Chase Circle
The Council will meet on Tuesday, April 19 at 9 a.m. The meeting will begin with a proclamation presented by Council President Albornoz and Councilmember Hucker, honoring the service of Montgomery County Police Officer Rich Reynolds.
More detail on each agenda item is provided below.
Review: During the morning meeting, the Council will receive a briefing on the key elements of the FY23 Operating Budget. Montgomery County’s budget process has been consumed by the pandemic for the last two years – which led to a same services budget in FY21 and modest increases in the FY22 budget, largely attributable to one-time federal resources.
The County Executive’s Recommended FY23 Operating Budget is very different from the last two fiscal years. The Executive’s budget includes unprecedented growth in both projected revenues and recommended expenditures in FY23.
Council staff has significant concerns about the sustainability of the unprecedented level of spending, use of one-time resources and multi-year funding commitments included in the recommended budget. As requested by the Council President, Council staff has developed four target options to address concerns about fiscal sustainability. The Council will receive detailed information about these options, which can be found in the Council staff report starting on page 15.
American Rescue Plan Act (ARPA)
Review: The Councill will review and discuss proposed funding options for the remaining $27.5 million in unallocated American Rescue Plan Act (ARPA) funding. President Biden signed ARPA into law on March 11, 2021, to support the country’s recovery from the COVID-19 pandemic. Montgomery County Government’s allocation is $204.1 million in two equal tranches – one tranche was received in June 2021 and the second tranche is expected in May or June 2022.
Since receiving notice of its ARPA allocation, the Council has taken a people-centered approach focused on assisting those most impacted by the pandemic while also critically analyzing spending alternatives through a racial equity and social justice lens. Specifically, the Council adopted a targeted strategy that addressed specific needs immediately while still allowing for longer-term planning for a portion of the ARPA funds to ensure the most effective use. To date, the Council has appropriated or set aside $176.51 million in ARPA funds.
Legislative Session
Bill 7-22, Fire and Rescue Services – Credited Service for Group G Members
Introduction: Council President Albornoz will introduce Bill 7-22, Fire and Rescue Services – Credited Service for Group G Members, at the request of the County Executive. The bill would permit County employees enrolled in Group G of the Employees’ Retirement System to receive credited years of service with Montgomery County based on prior years of U.S. military service.
The purpose of Bill 7-22 is to provide up to 24 months of service credit for Group G members at no cost to the employee for prior military service based upon the years of County service. An employee with seven years of County service would receive 12 months of credited service, and an employee with 15 years of County service would receive 24 months of credited service.
A public hearing is scheduled for May 10.
Bill 8-22, Fire and Rescue Services - Length of Service Awards Program for Volunteers – Amendments
Introduction: Council President Albornoz will introduce Bill 8-22, Fire and Rescue Services - Length of Service Awards Program for Volunteers – Amendments, at the request of the County Executive. The bill would expand eligibility for and increase the amount of the length of service benefits to certain local fire and rescue department volunteers, pursuant to an agreement collectively bargained between the Montgomery County Volunteer Fire Rescue Association (MCVFRA) and the County Executive.
The purpose of Bill 8-22 is to address amendments to a negotiated collective agreement between MCVFRA and the County Executive and increase the amount of Length of Service Awards Program (LOSAP) benefits to certain local fire and rescue department volunteers by 2.5 percent.
A public hearing is scheduled for May 10.
Vote expected: The Council is expected to vote on Expedited Bill 49-21, Police – Police Accountability Board – Administrative Charging Committee – Established, which would establish a Police Accountability Board (PAB) and Administrative Charging Committee (ACC) for the County. The Council deferred the vote on Bill 49-21 on March 29 and again on April 5 to provide additional time for the Maryland General Assembly to conduct votes on potential amendments to the state law requiring localities to have PABs and ACCs. The goal of the bill is to help improve police accountability. Council President Albornoz introduced the bill, at the request of County Executive Elrich.
The PS Committee held three meetings to review and amend the bill. The proposed amendments would increase the PAB membership to nine voting members with at least one member residing in a municipality covered by the PAB and permit the Executive to appoint one or more non-voting members, clarify that all complaints from the public must be investigated and reported to the ACC, require funding for training of PAB and ACC members from the police and outside organizations and authorize the Council to remove a member for failure to complete required training.
The Council approved each of these PS Committee amendments at its first meeting to review Expedited Bill 49-21. In addition, the Council removed reference to a “violation of law” as one of the reasons for removal of a member. The Council also approved an amendment that replaces general language indicating that professional experience is required, with more detailed language requiring that the individual be able to demonstrate through professional or lived experience the ability to balance effective oversight, perform objective analysis of an investigation report and practice procedural fairness.
Additionally, the Council approved an amendment that removes the prohibition on compensation for PAB members to permit the Council to provide for compensation in the budget. Another amendment adds a requirement for full-time dedicated staff for both the PAB and the ACC and require the County Attorney to retain special legal counsel to provide legal support for both the PAB and the ACC.
As amended, each law enforcement agency will be required to provide a monthly report to the ACC detailing the number of complaints received and the status of each investigation and established compensation for PAB members at $10,000 annually.
Finally, the new system will only apply to incidents occurring on or after July 1, 2023, for a complaint against a police officer covered by a collective bargaining agreement with a different disciplinary system, and to incidents occurring on or after July 1, 2022, for complaints against all other police officers.
The Maryland General Assembly enacted a series of laws establishing uniform standards for police department operations throughout the state. One of these laws, House Bill (HB) 670, created a new uniform procedure for police accountability and discipline. This new law requires the governing body of each county to establish a PAB and an ACC to handle complaints of police misconduct from residents. HB 670 also gives the County PAB and the County ACC jurisdiction over police misconduct complaints against municipal police departments located in the County.
The lead sponsor of Bill 49-21 is the Council President, at the request of the County Executive.
Vote expected: The Council is expected to vote on Bill 16-21, Environmental Sustainability - Building Energy Use Benchmarking and Performance Standards – Amendments, which would modify the County’s current environmental benchmarking law to include additional County-owned, commercial and multifamily buildings to meet the long-term energy performance standards. Council President Albornoz introduced the bill, at the request of County Executive Elrich.
The legislation would create a 15-voting member Building Performance Improvement Board that will advise the Department of Environmental Protection on the implementation of building energy performance standards and establish a Building Performance Improvement Plan (BPIP) process for properties that cannot reasonably meet performance standards. The bill also requires reports to the Executive and Council on building energy performance for covered buildings.
Consent Calendar Highlights
Resolution in Support of the Francis G. Newlands Memorial Removal Act
Introduction: Lead sponsors Councilmember Glass, Friedson and Jawando will introduce a resolution in support of the Francis G. Newlands Memorial Removal Act (H.R. 1256).
Introduced in the U.S. Congress by Sen. Chris Van Hollen, Sen. Ben Cardin, Rep. Jamie Raskin and Rep. Eleanor Holmes Norton, the federal resolution would remove a memorial to former U.S. Senator Francis G. Newlands, who founded the town of Chevy Chase, Maryland in the 1890s and was an outspoken white supremacist. While serving in Congress, Newlands actively sought to strip voting rights from African Americans and, as a developer, created communities that precluded immigrants, Jews and others from living in these communities. This resolution affirms the County’s commitment to equity and racial justice by expressing support for the Francis G. Newlands Memorial Removal Act.
All Councilmembers have cosponsored the resolution. A Council vote on the resolution is expected on April 26.
Additional Consent Calendar Items
Public Hearings
Unless otherwise indicated, the Council will hold public hearings beginning at 1:30 p.m. Residents will continue to have the opportunity to testify remotely for public hearings or provide in-person testimony at the Council Office Building in Rockville for many public hearings.
Resolution to Set FY23 Transportation Fees, Charges and Fares
Public hearing: The Council will hold a public hearing on a resolution to set FY23 transportation fees, charges and fares. The Montgomery County Department of Transportation (DOT) conducted a Fare Equity Study for Ride On. Based on information from this study, the County Executive is recommending reintroducing the basic Ride On fare at $1, which is half the pre-pandemic fare. Express routes that charged $4.25 before the fare holiday would also have their fares reduced to one dollar. The monthly pass charge would be reduced from $45 to $22.50. If approved, the new fare structure would go into effect in July 2022, when the fare holiday is set to expire.
Public hearing: The Council will hold a public hearing on a $3.5 million supplemental appropriation for bridge renovations. This increase is requested to address deterioration in the existing culvert located on Amaranth Drive near Middlebrook Road west of I-270, which was discovered during a regular inspection.
The lead sponsor is the Council President, at the request of the County Executive.
Public hearing: The Council will hold a public hearing on a $1.3 million amendment to the FY21-26 CIP and supplemental appropriation for the Department of Environmental Protection (DEP) to fund a new flood control study project. This study will provide for the development of a comprehensive flood management strategy and watershed by watershed plans to build resiliency and improve public safety. The study is needed because flooding in the County is expected to increase in the future because of climate change.
Public hearing: The Council will hold a public hearing on a $40 million amendment to the FY21-26 CIP and supplemental appropriation for the Department of Housing and Community Affairs (DHCA) to establish a new fund in the CIP to support acquisitions and preservation of current naturally occurring affordable housing (NOAH). This project provides funding to preserve current NOAHs in areas at risk of rent escalation to higher market rents, including the Purple Line Corridor and other County transit corridors.
The lead sponsor is the Council President, at the request of the County Executive.
Public hearing: The Council will hold a public hearing on a proposed amendments to the ten-year Comprehensive Water Supply and Sewerage Systems Plan. On Jan. 27, the Council received a recommendation from the County Executive on a Water and Sewer Category Change request. Section 9-501 of the Environmental Article of the Maryland Code requires the governing body of each County to adopt and submit to the State Department of the Environment a comprehensive County Plan, and from time to time amend or revise that Plan for the provision of adequate water supply systems and sewerage systems throughout the County.
Resolution to Establish Water Quality Protection Charge for FY23
Public hearing: The Council will hold a public hearing on a resolution to approve the FY23 Water Quality Protection Charge equivalent residential unit (ERU) rate for FY23. The County Executive recommends an ERU rate of $119.50, which is an increase of $6 or 5.3 percent from the FY22 approved rate of $113.50. This proposed resolution is consistent with the County Executive’s FY23 Recommended Operating Budget.
The lead sponsor is the Council President, at the request of the County Executive.
Resolution to Establish FY23 Solid Waste Service Charges
Public hearing: The Council will hold a public hearing on a resolution to approve FY23 solid waste charges. The County Executive’s recommended charges vary depending on the services provided. For single-family residential property owners, the charges will increase between 12.8 and 20.2 percent. Multi-family property owners will see increases ranging from two to 3.1 percent. Non-residential customers will see increases of 3.1 percent. Tipping fees charged at the Shady Grove Transfer Station are recommended to remain unchanged from FY22 levels.
The lead sponsor is the Council President, at the request of the County Executive.
Bill 5-22, Economic Development Corporation - Board of Directors – Membership
Public hearing: The Council will hold a public hearing on Bill 5-22, Economic Development Corporation - Board of Directors – Membership, which would alter and expand the membership of Montgomery County Economic Development Corporation’s (MCEDC) Board of Directors. The legislation is needed because six MCEDC Board members are term limited and the organization is concerned about the loss of institutional knowledge from the Board.
The lead sponsor is the Council President, at the request of the County Executive.
Bill 6-22, Recreation - Montgomery County Sports Commission - Established
Public hearing: The Council will hold a public hearing on Bill 6-22, which would establish a 23-member Montgomery County Sports Commission, staffed by the Department of Recreation. The commission would study sports participation and opportunities in the County, make recommendations to the County Executive and the Council, and recognize outstanding teams and athletes in the County.
The lead sponsor is the Council President. Council Vice President Glass and Councilmembers Friedson, Katz, Jawando, Riemer, Hucker and Navarro are cosponsors.
Public hearing: The Council will hold a public hearing on a more than $1.17 million special appropriation for the Ending the HIV Epidemic Grant. This federal grant supports health equity community events and provides funds for awareness campaigns to expand testing and treatment access for those at risk and living with HIV. The grant will also support a satellite clinic in Germantown to improve access to prevention and care services for Upcounty residents.
The lead sponsor is the Council President, at the request of the County Executive.
Resolution to Set FY23 Property Tax Credit for Income Tax Offset
Public hearing: The Council will hold a public hearing on a resolution to set the FY23 Property Tax Credit for Income Tax Offset. Each year the Council may set a property tax credit to offset a portion of the income tax revenue resulting from a County income tax rate that is greater than 2.6 percent. This credit is automatically provided to each property that is an owner-occupied dwelling of a homeowner. The County Executive recommended an FY23 property tax credit of $692 per eligible property in the recommended FY23 Operating Budget, which is equal to the FY22 credit.
Public hearing and vote: The Council will hold a public hearing and vote on a $5 million supplemental appropriation for Montgomery County Public Schools (MCPS) to lease, purchase, move and rehabilitate relocatable classrooms that are needed for the 2022-23 school year.
The lead sponsor is the Council President, at the request of the County Executive.
Public hearing and vote: The Council will hold a public hearing and vote on a $3 million special appropriation to the FY22 Capital Budget and amendment to the FY21-26 CIP for relocatable classrooms. In early 2022, Councilmember Navarro shared a formal proposal to expand wellness centers to all high schools, identifying the urgency and importance of providing warm and welcoming spaces that address the unique needs of students in a holistic and culturally proficient way. On March 17, the joint HHS and E&C Committee met on this topic and recommended the expansion of High School Wellness Centers. The special appropriation is one of three special appropriations introduced by the Council to expand wellness centers to all high schools.
The lead sponsor is the joint HHS and E&C Committee.
Public hearing and vote: The Council will hold a public hearing and vote on a $2 million special appropriation to the FY22 Capital Budget and amendment to the FY 21-26 CIP for High School Wellness Centers. The special appropriation is one of three special appropriations introduced by the Council to expand wellness centers to all high schools. This funding is needed to implement the wellness center model proposed by Councilmember Navarro as discussed above.
The lead sponsor is the joint HHS and E&C Committee.
Public hearing and vote: The Council will hold a public hearing and vote on a $3 million special appropriation to the FY22 Operating Budget and amendment to the FY 21-26 CIP to implement mental health and positive youth development services in MCPS. The special appropriation is one of three special appropriations introduced by the Council to expand wellness centers to all high schools, as originally proposed by Councilmember Navarro.
The lead sponsor is the joint HHS and E&C Committee.
Public hearing and vote: The Council will hold a public hearing and vote on a more than $1.7 million special appropriation for the FY22 Operating Budget for the Montgomery County Food Security Fund.
The lead sponsor is the Council President, at the request of the County Executive.
Public hearing and vote: The Council will hold a public hearing and vote on a $109,000 supplemental appropriation for the Public Arts Trust. The appropriation for this project will fund payments to Public Arts Trust project vendors and is needed for technical contractual reasons.
The lead sponsor is the Council President, at the request of the County Executive.
FY23 Operating Budget
Public hearing: The Council will hold public hearings on the FY23 Operating Budget on April 19 and 20 at 1:30 p.m. and April 19, 20 and 21 at 7 p.m. The evening public hearings will be conducted virtually.
District Council Session
Introduction - ZTA 22-03, Downtown Silver Spring Overlay Zone
Introduction: The Council will introduce ZTA 22-03, which would establish the Downtown Silver Spring (DSS) Overlay Zone, remove the Ripley/South Silver Spring (RSS) Overlay Zone and modify the Fenton Village (FV) Overlay Zone.
The new Downtown Silver Spring (DSS) Overlay Zone will cover all the districts included in the Silver Spring Downtown and Adjacent Communities plan except for the Adjacent Communities District. It includes language for a Height Incentive Area, additional allowed accessory uses and a Design Advisory Panel.
The lead sponsor is the Council President, at the request of the Planning Board.
Potomac Overlook - Amendment to the Plan for Historic Preservation
Vote expected: The Council is expected to vote on the Planning Board Amendment to the Master Plan for Historic Preservation for the Potomac Overlook Historic District, which includes an area with 19 houses located approximately two-and-a-half miles to the southwest of downtown Bethesda and overlooking the Potomac River.
On June 9, 2021, the Historic Preservation Commission (HPC) recommended that the Planning Board list the subject properties in the Locational Atlas and Index of Historic Sites and requested that the Council approve an amendment to the Master Plan for Historic Preservation to designate Potomac Overlook as a Master Plan Historic District.
Silver Spring Downtown and Adjacent Communities Plan
Review: The Council will review the Planning Board Draft of the Silver Spring Downtown and Adjacent Communities Plan. The plan makes recommendations within the Silver Spring Downtown and Adjacent Communities Plan area for land use and zoning, housing, economic development, urban design, transportation, parks and public spaces, environmental resiliency, community facilities and historic resources.
The PHED Committee has held six worksessions on the plan. At the PHED committee meeting held on March 7, the PHED committee discussed the introduction to the plan, the eight districts that make up the plan area and recommendations on housing. At the meeting held on March 28, the PHED Committee discussed recommendations for parks, trails and public spaces, transportation, school infrastructure and the Executive’s Fiscal Impact Statement. At the meeting held on April 4, the Committee discussed recommendations for land use and zoning, economic growth and urban design. At the meeting held on April 7, the Committee addressed remaining recommendations, implementation elements and follow-up items.
A second Council worksession on the plan is scheduled for April 26.
The Council meeting schedule may change from time to time. The current Council and Committee agendas, 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 returned to in-person meetings on March 15; residents continue to have the opportunity to testify remotely for public hearings or provide in-person testimony at the Council Office Building in Rockville for many public hearings.
The Council is recommending that residents, who choose to attend in-person Council meetings, get fully vaccinated to protect themselves and others against COVID-19. If this is not possible, virtual participation is encouraged.
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.
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