County Council Meets Today at 9 a.m. to Deliberate on the FY23-28 Capital Improvements Program, Hold Public Hearings, and Vote on Resolution in Support of Montgomery County’s Transgender Community

Per Montgomery County: The Montgomery County Council will meet on Tuesday, April 11 at 9 a.m. and the meeting will begin with two proclamation presentations. The first proclamation recognizing Child Abuse Prevention Month will be presented by Councilmember Sidney Katz. The second, presented by Councilmember Gabe Albornoz, will recognize National Public Health Week. The afternoon session will begin at 1:15 p.m. with a proclamation presentation recognizing Black Maternal Health Week, led by Councilmember Laurie-Anne Sayles. More detail on each agenda item is provided below.

Legislative Session

FY23-28 Capital Improvements Program Status Update

Briefing: The Council will receive a status update on the FY23-28 Capital Improvements Program (CIP) including changes in anticipated revenues and project amendments identified through committee and Council review. The discussion is expected to include the General Obligation (GO) Bond gap, which reflects the proposed and recommended GO Bond expenditures relative to the anticipated revenues and within the parameters of the Council’s fiscal policies. The total six-year gap has increased to $207.5 million, primarily due to the Department of Finance’s lower projections for recordation tax revenue and the removal of $80 million in one-time PAYGO funding previously assumed by the Council. In addition, this gap assumes funding most of the requested expenditures for both Montgomery County Public Schools (MCPS) and the Department of Transportation (MCDOT).

FY24 Budget Overview

Briefing: The Council will receive a briefing on the FY24 Operating Budget. The County Executive submitted his recommended FY24 Operating Budget on March 15, 2023, which presents a second year of significant growth after two years of constrained budgets. The County Executive’s Recommended FY24 Operating Budget includes a proposed 10 percent property tax increase to meet most funding requests from MCPS. The proposed budget also includes compensation increases and growth in many County programs.

The County’s assumptions and estimates for revenues drive the budget process each year. The total value of estimated revenues determines the amount of funds that the County can spend on its fiscal policies and the agencies’ programs and services. The Executive’s projected revenues anticipate a mild recession during calendar year 2023 but are supported by the recommended property tax increase.

Council Executive Director Marlene Michaelson, Office of Management and Budget Director Jennifer Bryant and Department of Finance Director Mike Coveyou will discuss the proposed property tax increase, the allocation of one-time resources to fund ongoing fiscal obligations, funding requirements under the Maryland Maintenance of Effort law, the anticipated budget deficit in FY25 and the use of reserve funding.

FY23-28 Capital Improvements Program

The County Executive’s Recommended FY23 Capital Budget and Amendments to the FY23-28 CIP were transmitted to the Council on January 18, 2022. The CIP’s cover larger long-term investments in facilities and infrastructure or capital projects.

At 10:55 a.m., the Council will hold multiple work sessions to review amendments to the FY23-28 CIP and committee recommendations for the following departments and projects:

• Library Refurbishment Level of Effort
• Chevy Chase Library and Redevelopment
• Clarksburg Library
• 21st Century Library Enhancement Level of Effort
• Wheaton Arts and Cultural Center

Legislative Session

Expedited Bill 19-23, Department of Police – Pension and DSRP Adjustments

Introduction: Expedited Bill 19-23, Department of Police – Pension and DSRP Adjustments, will be introduced which would amend the Discontinued Retirement Service Plan to replace the age and length of service eligibility requirements with eligibility based upon the employee’s normal retirement date. In addition, the bill would amend Group F pension multipliers for the Integrated Retirement Plan.

The lead sponsor is the Council President, at the request of the County Executive. A public hearing will be held on April 25.

Expedited Bill 20-23, OPT/SLT Bargaining Units – Pension and Retirement Adjustments

Introduction: Expedited Bill 20-23, OPT/SLT Bargaining Units – Pension and Retirement Adjustments, will be introduced which would amend Group E eligibility to add eligibility for certain Emergency Communications Center (ECC) positions to the Group E Optional Retirement Plan and the Integrated Retirement Plan. In addition, the bill would amend Group J eligibility to add eligibility for certain ECC positions to be designated by the chief administrative officer and amend credited service to provide credited service adjustments for military service.

The bill would also separate Group E and Group J regarding pension multipliers, adjust pension multipliers for Group E and Group J, amend the guaranteed retirement savings plan to default into the guaranteed retirement savings plan certain part-time employees in the Office, Professional and Technical (OPT), and the Service, Labor and Trades (SLT) bargaining unit and amend the disability benefits plan.

The lead sponsor is the Council President, at the request of the County Executive. A public hearing will be held on April 25.

Expedited Bill 21-23, Fire and Rescue Services – Credited Service for Group G Members

Introduction: Expedited Bill 21-23, Fire and Rescue Services – Credited Service for Group G Members, will be introduced which would amend the Optional Retirement Plan and Integrated Retirement Plan pension multipliers in Group G of the Employees’ Retirement System. In addition, the bill would amend the Group G Optional Retirement Plan to provide the same level of sick leave credit benefits provided for County employees in the Group G Integrated Retirement Plan and amend the Group G pension Cost of Living Adjustment.

The lead sponsor is the Council President, at the request of the County Executive. A public hearing will be held on April 25.

Expedited Bill 13-23, Montgomery County Urban Districts – Friendship Heights Urban District

Vote expected: The Council is expected to vote on Expedited Bill 13-23, Montgomery County Urban Districts – Friendship Heights Urban District. The legislation would create an urban district located in the Friendship Heights area of the County, expand the purposes of urban districts in the County, create a commercial district charge as an additional mechanism to fund an urban district and establish a Friendship Heights Urban District Advisory Committee.

The lead sponsor is Council Vice President Andrew Friedson. The Economic Development (ECON) Committee recommends enactment with amendments.

District Council Session

Zoning Text Amendment 23-03, Bethesda Overlay Zone – Extensions

Introduction: The Council will introduce Zoning Text Amendment (ZTA) 23-03, which would grant a one-time, one-year extension to existing deadlines within the Bethesda Overlay Zone. Under the current zoning ordinance, if the Planning Board approves a site plan using Bethesda Overlay Zone density, the applicant must have a building permit application within two years of the date of the Planning Board’s resolution and no extensions are permitted.

This ZTA would grant a one-year, one-time extension to have a building permit for all applicants who have obtained site plan approval using Bethesda Overlay Zone density as of the effective date of the ZTA. The Planning Board has indicated that the ZTA is needed because developers are facing hurdles related to approval for financing due to inflation and rising interest rates.

The lead sponsor is the Council President, at the request of the Planning Board. A public hearing is scheduled to held on May 16.

Consent Calendar

Each item on the Council’s Consent Calendar can be found on the Council agenda for Tuesday, April 11, which is available on the Council website.

Resolution in Support of Montgomery County’s Transgender Community

Vote expected: The Council is expected to vote on a resolution that aims to affirm Montgomery County as a place that is inclusive of the transgender, nonbinary, gender non-conforming and wider LGBTQIA+ community and condemns all anti-LGBTQIA+ acts. The lead sponsors are Councilmembers Sayles, Mink and Stewart and Council President Glass. All other Councilmembers are cosponsors.

Public Hearings

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

Executive Regulation 1-23, Updated Position Description for Assistant Chief of Police (Civilian)

Bill 17-23, Taxation – Recordation Tax Rates – Amendments

Supplemental Appropriation to the County Government’s FY23 Operating Budget, Department of Health and Human Services, Childhood Lead Poisoning Prevention and Environment Case Management Grant, $550,000

FY24 Capital Budget and FY23-28 Capital Improvements Program, and FY24 Operating Budget

At 1:30 and 7 p.m., the Council will hold public hearings on the County Executive’s Proposed FY24 $6.8 billion Recommended Operating Budget, which was transmitted to the Council on March 15, 2023. Additional public hearings on the budget will be held on April 13 at 1:30 and 7 p.m.

The Council will also receive testimony on the FY24 Capital Budget and Amendments to the FY23- 28 CIP. During this “off-year” of the biennial CIP cycle, only those projects that are formally recognized as CIP amendments and which have gone through a public hearing process can be substantively revised in the Council’s reconciliation exercise. The County Executive transmitted the Amendments to the FY23-28 CIP on Jan. 17, 2023. These amendments were included in the Council’s CIP amendment public hearings on February 7 and 9. The County Executive transmitted additional requests for appropriations in the FY24 Capital Budget and for certain amendments to the FY23-28 CIP on March 15.

Proposed Closed Session

At 3:30 p.m., the Council is expected to hold a proposed closed session to discuss the appointment, employment, assignment, promotion, discipline, demotion, compensation, removal, resignation or performance evaluation of an appointee, employee or official over whom it has jurisdiction, pursuant to Maryland Code, General Provisions Article §3-305(b)(1)(i). The topic is a personnel matter concerning one or more specific appointees, employees, or officials.

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 recommends 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.