AGENDA ITEM #2B
&
4
September 27,2011
Introduction
MEMORANDUM
September 26, 2011
TO:
FROM:
SUBJECT:
County Council
Amanda Mihill, Legislative
Attome~tiLe
Introduction:
Bill 29-11, Boards, Committees, and Commissions - Sunset,
Consolidation and Resolution to sunset or repeal certain boards, committees, and
commISSIOns.
Bill 29-11, Boards, Committees, and Commissions - Sunset, Consolidation and Resolution to
sunset or repeal certain boards, committees, and commissions, sponsored by Councilmember
Leventhal, are scheduled to be introduced on September 27, 2011. A public hearing is
tentatively scheduled for October 18 at 1:30 p.m.
Together, Bill 29-11 and the Resolution would:
• require the Committee Evaluation Review Board to issue an interim report within 6
months and a final report within 12 months of appointment;
• sunset certain advisory boards, committees, and commissions on December 1, 2012;
• terminate the recreation advisory boards and alter the membership of the County
Recreation Board to include 1 representative from each regional services center citizen
advisory board and require the County Recreation Board to collaborate with the citizens
advisory boards on recreation issues;
• terminate the Cable Compliance Commission and authorize the Board of Appeals to
adjudicate customer cable service complaints;
• terminate the Dickerson Area Facilities Implementation Group, increase the size of the
Solid Waste Advisory Committee by 3 and require 3 members to be from the Dickerson
community and require SW AC to advise the Executive and Council on the execution of
the policies and strategies in the Facilities Master Plan for the Solid Waste Operations in
the Dickerson Area; and
• terminate the Silver Spring TMD Advisory Committee and require the Silver Spring
Urban Advisory Committee to advise on programs, management, and finances related to
the transportation system and demand management in the Silver Spring Transportation
Management District.
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This packet contains:
Bil129-11
Circle
1
18
19
Legislative Request Report
Resolution
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Bill No.
29-11
Concerning: Boards, Committees, and
Commissions - Sunset, consolidation
Draft No. _1_
Revised:
9/16/2011
Introduced:
September 27,2011
Expires:
March 27, 2013
Enacted: _ _ _ _ _ _ _ _ __
Executive: _ _ _ _ _ _ _ _ __
Effective: _ _ _ _ _ _ _ _ __
Sunset Date: --:..:.N.::;.:on..:.;:e'--_ _ _ _ __
Ch. _ _, Laws of Mont. Co. _ _ __
COUNTY COUNCIL
FOR MONTGOMERY COUNTY, MARYLAND
By: Councilmember Leventhal
AN
ACT
to:
(1) establish a deadline for the Committee Evaluation and Review Board to issue its report
to the Executive and Council;
(2) authorize the Board of Appeals to adjudicate customer cable service complaints;
(3) alter the membership and duties ofthe County Recreation Board;
(4) terminate the Cable Compliance Commission and the recreation advisory boards;
(5) alter the membership and duties ofthe Solid Waste Advisory Committee;
(6) require the Silver Spring Urban Advisory Committee to advise on programs,
management, and finances related to the transportation system and demand management
in the Silver Spring Transportation Management District;
(7) sunset certain boards, committees, and commissions; and
(8) generally amend County law regarding the membership, structure, and functions of
boards, committees, and commissions.
By amending
Montgomery County Code
Chapter 2, Administration
Section 2-112 and 2-146
Chapter 41, Recreation and Recreation Facilities
Sections 41-21 through 41-30
Chapter 48, Solid Wastes
Sections 48-38 and 48-39
Chapter 68A, Montgomery County Urban Districts
Section 68A-5
By repealing
Chapter 8A, Cable Communications
Sections 8A-31
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BILL
No.
29-11
Boldface
Underlining
[Single boldface brackets]
QQuble underlining
[[Double boldface brackets]]
* * *
Heading or defined term.
Added to existing law by original bill.
Deletedfrom existing law by original bill.
Added by amendment.
Deletedfrom existing law or the bill by amendment.
Existing law unaffected by bill.
The County Council for Montgomery County, Maryland approves the following Act:
~
/,..,)
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No.
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2
Sec.
1.
Section 2-146 is amended as follows:
2-146. Terms of committees.
3
4
5
*
(c)
*
*
Committee Evaluation and Review Board.
ill
The County Executive must appoint and convene at least every
10 years, subject to confirmation by the Council, a citizens
review committee comprised of [no fewer than] at least 11
members.
6
7
8
9
ill
[This committee] The Committee must review the committee
system and each then-existing committee and report to the
Executive and Council
its
recommendations for changes in
individual committees and the committee system as a whole. The
Committee must submit an interim report to the Executive and
Council within
Q
months of appointment and submit
~
final report
within 12 months of appointment.
10
11
12
13
14
15
16
17
ill
The
County Executive must designate the review committee's
chair and vice-chair.
Sec.2. Section 2-112 and Section 8A-31 are amended as follows:
2-112. Jurisdiction.
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19
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21
22
*
*
must
*
adjudicate
subscriber
complaints
ill
ill
The
Board
involving customer cable service and other consumer
protection claims that arise under Chapter 8A, any
regulation adopted or franchise agreement approved under
Chapter 8A, or Section 11-4A.
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ill
The Board may:
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BILL No. 29-11
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(A) Require
~
franchisee to provide a refund to a
complainant.
an
Appoint
£!
qualified person to mediate
~
case if the
complainant and respondent agree to binding or
non-binding mediation. A consent order resulting
from mediation and approved
Qy
the Commission is
33
an order of the Commission. If the mediator or the
Commission finds that the parties are not likely to
agree to
£!
mediated consent order within
~
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reasonable time, the Commission must decide the
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{Q
Order
£!
franchisee to
P£!Y
damages of
!ill
to $1,000
to
£!
person injured or aggrieved
Qy
the franchisee's
actions.
violation.
This limit applies separately to each
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ill
The Cable Communications Administrator must provide
staff support to the Board for any complaint filed under
paragraph
a1
8A-31. [Cable Compliance Commission] Reserved.
[(a)
Established.
The Cable Compliance Commission is established to
adjudicate subscriber complaints involving customer cable service and
other consumer protection claims that arise under this Chapter, any
regulation adopted or franchise agreement approved under this Chapter,
or Section 11-4A.]
[(b)
Membership.
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The Commission is comprised of 5 voting members
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appointed by the County Executive and confirmed by the County
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No. 29-11
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Council. Each appointee must be appointed to a 3-year term. The
Commission should include:
(1)
(2)
(3)
(4)
[(c)
a cable television service subscriber;
a broadband Internet service subscriber;
an individual with general business experience; and
an individual with technical experience in communications.]
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Officers.
The Commissioners annually must elect a chair and vice chair
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of the Commission.
An
individual must not serve more than 2
consecutive terms as chair.]
[(d)
[(e)
Reserved.]
Ethics.
Each member of the Commission is subject to Chapter 19A,
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except that the member must file a limited public financial disclosure
statement regarding any communication-related activities and interests
and a full confidential financial disclosure statement.]
[(f)
Authority.
The Commission may:
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(1)
(2)
Require a franchisee to provide a refund to a complainant.
Appoint a qualified person to mediate a case if the complainant
and respondent agree to binding or non-binding mediation. A
consent order resulting from mediation and approved by the
Commission is an order of the Commission. If the mediator or
the Commission finds that the parties are not likely to agree to a
mediated
consent
order
within
a
reasonable
time,
the
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Commission must decide the case.
(3)
Order a franchisee to pay damages of up to $1,000 to a person
injured or aggrieved by the franchisee's actions.
applies separately to each violation.]
This limit
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reg)
Hearing Procedures.
/:\
~
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BILL No. 29-11
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(1)
The Administrative Procedures Act (Article II of Chapter 2A)
applies to a complaint filed with the Commission and governs the
Commission's hearings and decisions, unless otherwise expressly
provided in this Chapter. The Commission may issue procedural
rules under method (2) to implement this subsection.
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(2)
Before filing a complaint with the Commission, a complainant
must file the complaint with the county cable administrator. If
the cable administrator is unable to resolve the complaint to the
complainant's satisfaction within 30 days, the complainant may
file the complaint with the Commission.
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(3)
If the Commission decides to conduct a public hearing on the
complaint, the Commission must notify the complainant, the
franchisee, the county cable administrator or the County's Chief
Information Officer (CIO),
and
any
other person
that
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Commission rules require to be notified. Except as provided in
Section 2A-9, the notice must be sent at least 15 days before the
hearing. The Commission may hold a hearing at the request of
any party to the complaint (which may include the cable
administrator or CIO) or on the Commission's own initiative, or
may decide a complaint without a hearing.]
[(h)
Legal representation.
The County Attorney must provide legal advice
and representation to the Commission and must enforce any
Commission order. The County Attorney may represent the interests of
the County in any proceeding before the Commission, consistent with
policies established by the Council.]
[(i)
Conflicting subscriber agreement.
Any prOVIsIon
III
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a subscriber
agreement, whether written or oral, that conflicts with this Chapter, a
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franchise agreement, or any regulation or other legal requirement is
unenforceable.
An unenforceable provision does not affect other
provisions of the subscriber agreement that can be given effect without
the unenforceable provision.
"Subscriber agreement" includes any
agreement that the franchisee requires a subscriber to agree to as a
condition of receiving cable service or any other products and services.]
(0)
Fee.
The Executive may issue regulations under method (3) setting a
reasonable fee for filing a complaint with the Commission. The filer
must pay the fee to the County when filing a complaint.
The
Commission, cable administrator, or CIO may waive the filing fee upon
request if the fee would be a financial hardship for the complainant. If
the parties agree to a consent order after mediation, the Commission
may refund the filing fee. The Commission may order the losing party
to pay another party's filing fees or other reasonable expenses related to
the hearing, including attorney's fees, in addition to ordering payment
of damages.]
[(k)
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Staffand other support.
The Chief Administrative Officer must provide
the services and County facilities that are reasonably necessary for the
Commission to perform its duties.]
Sec. 3. Sections 41-21 through 41-30 are amended as follows:
41-21. Recreation board.
(a)
There is a County Recreation Board. Each member is appointed by the
County Executive and confirmed by the County Council for a 3-year
term beginning on July 1. A member serves until a successor is
appointed and confirmed.
(b)
The voting members of the Board are:
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(1)
1 representative from each [recreation area advisory board]
Regional Service Center's Citizens Advisory Board; and
(2)
15 members appointed from the County at-large to represent a
cross-section ofthe population of the County.
(c)
The ex officio, nonvoting members ofthe Board are:
(1)
a representative of the Department of Parks of the Maryland­
National Capital Park and Planning Commission;
(2)
(3)
an administrative representative of the Board of Education;
the immediate past Ehair of the County Recreation Board, unless
that person serves on the Board in another capacity;
(4)
a representative of the Office of Community Use of Public
Facilities;
(5)
(6)
(7)
a representative of the Community Action Board;
a representative of the Commission on Aging; and
a representative of the Commission on People with Disabilities.
41-22. Same-Duties and responsibilities.
The County Recreation Advisory Board must:
*
(h)
*
*
[Coordinate the activities of the recreation area advisory boards]
collaborate with the various Regional Service Center Citizens Advisory
Boards on area recreation issues.
[41-25. Recreation area advisory boards-Created.]
[In
each recreation area created pursuant to this article, there shall be one (1)
recreation area advisory board which shall serve as the representative body for such
area on recreation matters.]
[41-26. Same-Purpose; goals and opportunities.]
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[The recreation area advisory boards shall encourage the development of
desirable recreational and park opportunities in the designated recreation areas of the
county, so that all the people may live enriched lives, find greater enjoyment and
happiness, have better mental health, greater physical vitality and deeper moral
strength. To accomplish this purpose, each board shall be concerned with the
following recreational goals and opportunities:]
[(a)
Opportunities that reflect the interests and needs of recreation area
residents.]
[(b)
[(c)
Opportunities within the financial ability of all the people.]
Equality of opportunity for all people, regardless of race, origin,
religion, age or sex.]
[(d)
[(e)
Year-round opportunity for all ages and both sexes.]
A wide range and diversity of individual choices (e.g., camping, dance,
drama, athletics, fine arts, performing arts, games, music, social
recreation, crafts and special events).]
[(f)
[(g)
[(h)
[(i)
(0)
A balanced emphasis within the range of individual choices.]
Opportunities for varying degrees of skilL]
Opportunities for the individual, the family and groups.]
Opportunities for progressive advancement.]
Opportunities for creative expression.]
Active and passive opportunities.]
Opportunities that utilize other community resources.]
[(k)
[(1)
[em) Relating opportunities to other community agencies.]
[en)
[(0)
rep)
Opportunities for residents to participate in recreational planning.]
Assistance to individuals and groups seeking their own opportunities.]
Indoor and outdoor recreation opportunities centrally located and easily
accessible.]
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[(q)
Advice on the acquisition of open space to satisfy recreational pursuits,
prevent overcrowding, make the district a more attractive place to live,
conserve wooded areas and stream valleys, preserve historical,
geological and horticultural features, and preserve areas of natural
beauty.]
fer)
Recreation grounds and facilities based upon user interests and needs
and population ratio.]
[41-27. Membership.]
[(a)
Each recreation area advisory board consists of 9 members and 2
alternates, each of whom resides in the designated recreation area. Each
member is appointed by the county executive, subject to confinnation
by the county council. Individual appointments to a board must reflect a
wide diversity of recreational interests. The Executive must consider
geographical representation from different neighborhood centers in the
recreation area. In order to maintain continuity on each recreation area
advisory board, the Executive must appoint 3 members of each board
annually and appoint the 2 alternates every 3 years. Each member serves
3 years or until a successor is confinned. A regular board member must
not serve more than 2 consecutive full tenns, but any member may be
reappointed after a lapse of one year. A vacancy occurring before a term
expires is filled for the remainder of the unexpired term of the
predecessor. Appointments to unexpired tenns are not a full term.]
[(b)
When the Executive appoints an alternate member of a recreation area
advisory board, the Executive must designate whether the appointee
would serve as the primary or secondary alternate. Alternate members
may participate in board discussions but must not vote unless acting for
an absent board member. When a board member resigns, the first
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alternate becomes a full member for the remainder of the former
member's term and the second alternate becomes the first alternate.]
[(c)
A municipality with an active recreation program in a designated
County recreation area may designate one or more representatives to
serve as non-voting, ex officio members of the recreation area advisory
board for that area.]
[(d)
The members of each board serve without compensation. The
department of recreation must designate a department employee to
advise each board, and the director of the department must ask the
Maryland-National Capital Park and Planning Commission to have a
staff member present at meetings of each board.]
[41-28. Same-Chairperson and vice-chairperson.]
[The chairperson and vice-chairperson shall be elected by each recreation area
advisory board from among its members. The term of the chairperson and vice­
chairperson shall be one (1) year, and each shall be eligible for reelection for an
additional one-year term. No chairperson or vice-chairperson shall serve
consecutively for more than two (2) years.]
[41-29. Meetings; quorum.]
[Each recreation area advisory board meets in public session on call by the
chairman as frequently as necessary to perform its duties, but not less than 10 times
annually. Reasonable notice must be given for all meetings of the board. A majority
of the members of the board is a quorum for the transaction of business, and a
majority vote of those present at any meeting is required for any action taken by the
board.]
[41-30. Duties.]
[Each board must advise the county recreation board, the county executive, the
county council, the director of the county department of recreation, and the
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Montgomery County Planning Board about the appropriate number and nature of
recreation programs, neighborhood and community parks, and facilities for leisure
activities and the well-being of county residents. A board also may:]
[(a)
Study and appraise the existing and future recreation needs of its
recreation area in terms of program, facilities and services, and suggest
plans to meet those needs.]
[(b)
Provide general comments on annual budget requests for recreation and
parks, programs and facilities.]
[(c)
Support high standards in recreation leadership and
program service.]
[(d)
Encourage cooperation with other related agencIes and assist in
correlating community forces for the development of recreation and
parks.]
[(e)
Render advice on the design and layout of recreation grounds and
facilities.]
[(f)
Advise the county council on legislative and budgetary matters
regarding recreation.]
[(g)
Inform the Regional Citizens Advisory Board about matters related to
recreation and parks, and collaborate with the Regional Board on
planning, conservation, environment, and other issues that affect park
and recreation facilities and services.]
41-25
III
quality of
=
41-30.
Reserved.
Sec. 4. Section 48-38 is amended as follows:
48-38. Established; composition; terms.
(a)
Creation:
The County Executive must appoint a Solid Waste Advisory
Committee, subject to confirmation by the County Council.
(b)
Composition:
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(1)
(2)
The Committee has [15]
~
voting members.
The Committee has one ex officio nonvoting member
representing the Maryland-National Capital Park and Planning
Commission.
(c)
Appointment:
(l)
The County Executive should appoint members so that the
Committee membership reflects:
(A)
(B)
(C)
(D)
broad geographic areas ofthe [county] County;
the solid waste industry;
'busine,ss users;
[a]
1
representative of the County Chapter of the Maryland
Municipal League; [and]
(E)
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residents from the Dickerson community; and
the general public.
ill
48-39. Duties.
*
*
*
The [committee shall be advisory to the county council and the county
executive on all matters relating to solid waste management within the county. In
particular, the committee shall] Committee must:
(a)
advise the County Council and County Executive on all matters relating
to solid waste management in the County;
(hl
[Review] review and offer recommendations on the ten-year solid waste
management plans for the [county.] County;
[(b)]
W
[Investigate] investigate and make recommendations on systematic
programs and alternative methods, both public and private, for the
storage, collection, transportation, processing, disposal and resource
recovery of solid wastes, including
sludge[.]~
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[(C)]
@
[Evaluate] evaluate the impact of the solid waste management
program on citizens, institutions, business.'! and industry throughout the
[county.] County;
[(d)]
lll)
[Recommend] recommend methods to assure public involvement in
solid waste planning.'! and develop educational programs to inform the
public on all aspects of solid waste management [
.]~
[(e)]
ill
[Recommend local] recommend County and state legislation
necessary to accomplish effective solid waste
management[.]~
[(0]
(g) [Review] review and comment on the annual [county] County budget
for solid waste activities.
[(g)]
ilil
advise the Executive and Council on the execution of the policies and
strategies in the Facilities Master Plan for the Solid Waste Operations in
the Dickerson Area; and
ill
[Submit] to the [county executive] Executive and [county council]
Council, and make available to the general public, an annual report of
the activities of the [committee] Committee.
*
68A-5. Advisory committees.
*
*
Sec. 5. Section 68A-5 is amended as follows:
*
(c)
Duties.
(1)
*
*
An urban district advisory committee may advise the County
government on all aspects of the program, management, and
finances ofthe urban district.
(2)
An urban district advisory committee should:
[a.]
tAl
by July
15
each year, advise the department on the
program and budget of
the
urban
district;
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[b.]
.ill2
by September 15 each year, review the urban district
budget and submit comments to the department; and
[c.].cg by October 1 each year, meet with the head of the
department to resolve areas of disagreement regarding the
budget.
ill
The Silver Spring Urban District Advisory Committee may
advise the Transportation Management Organization, any
employer, any
lli!!1Y
with whom the County contracts under
Resolution No. 14-1511, or any subsequent resolution, and
Section 42A-23(b), and the County government on all aspects of
programs,
management,
and
finances
relating
to
the
transportation system and demand management in the Silver
Spring Transportation Management District and its vicinity,
including:
CA)
propose guidelines for traffic mitigation plans;
monitor the implementation of the traffic mitigation plans;
evaluate progress in attaining the commuting goals
specified in the Annual Growth Policy;
CD)
recommend government, private, or joint. actions to
facilitate attainment of the commuting goals specified in
the Annual Growth Policy;
.ill2
.cg
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.em
!E)
advise the Director of Transportation on parking policies;
review traffic patterns and control measures in the Silver
Spring TMD and vicinity, including neighborhood parking
and pedestrian access and safety; and
(Q)
submit comments and recommendations on the Director's
report required under Section 42A-27.
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*
*
*
Sec. 6. Sunset of Certain Committees.
The following board, committee, or commission will sunset on December 1,
2012:
Advisory Committee on Consumer Protection
Agricultural Advisory Committee
Cable and Communications Advisory Committee
Commission for Women
Commission on Aging
Commission on Child Care
Commission on Children and Youth
Commission on Health
Commission on Juvenile Justice
Commission on People with Disabilities
Commission on Veterans Affairs
Committee Evaluation and Review Board
Committee for Ethnic Affairs
Committee on HateNiolence
County Recreation Advisory Board
Criminal Justice Coordinating Commission
Department of Permitting Services Advisory Committee
Domestic Violence Coordinating Council
Down County Recreation Advisory Board
East County Recreation Advisory Board
Energy and Air Quality Advisory Committee
Fire and Emergency Services Commission
Forest Conservation Advisory Committee
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BILL
No. 29-11
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Library Board
Mental Health Advisory Committee
Mid-County Recreation Advisory Board
Montgomery Cares Program Advisory Board
Noise Control Advisory Board
Pedestrian and Traffic Safety Advisory Committee
Rustic Roads Advisory Committee
Silver Spring Urban District Advisory Committee
Solid Waste Advisory Committee
Sustainability Working Group
Taxicab Services Advisory Committee
Upcounty Recreation Advisory Board
Victim Services Advisory Board
Water Quality Advisory Group
Wheaton Urban District Advisory Committee
Approved:
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Valerie Ervin, President, County Council
Date
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Approved:
Isiah Leggett, County Executive
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This is a correct copy o/Council action.
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Linda M. Lauer, Clerk of the Council
Date
®
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LEGISLATIVE REQUEST REPORT
Bill 29-11,
Boards, Committees, and Commissions - Sunset, consolidation
DESCRIPTION:
Bill 29-11 would establish a deadline for the Committee Evaluation
and Review Board (CERB) to issue its report to the Executive and
Council; authorize the Board of Appeals to adjudicate customer cable
service complaints; alter the membership and duties of the County
Recreation Board; terminate the Cable Compliance Commission and
the recreation advisory boards; alter the membership and duties of the
Solid Waste Advisory Committee; require the Silver Spring Urban
Advisory Committee to advise on programs, management, and
finances related to the transportation system and demand
management in the Silver Spring Transportation Management
District; sunset certain boards, committees, and commissions; and
generally amend County law regarding the membership, structure,
and functions of boards, committees, and commissions.
The CERB, in their report on the County's system of boards,
committees and commissions, recommended many changes to
specific boards, committees and commissions. The Council received
information that the County spent an approximate $1.4 million on
personnel and operating costs to support the County's boards,
committees, and commissions.
To consolidate certain boards, committees, and commissions and
reduce expenditures associated with providing staff support to those
boards, committees, and commissions.
Executive and Legislative branch staff.
To be requested.
To be requested.
To be requested.
To be researched.
Amanda Mihill, Legislative Attorney (240) 777-7815
Applies only to County boards, committees, and commissions.
PROBLEM:
GOALS AND
OBJECTIVES:
COORDINATION:
FISCAL IMPACT:
ECONOMIC
IMPACT:
EVALUATION:
EXPERIENCE
ELSEWHERE:
SOURCE OF
INFORMATION:
APPLICATION
WITHIN
MUNICIPALITIES:
PENALTIES:
N/A
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Resolution No:
- - - - - - - ­
Introduced:
Adopted:
COUNTY COUNCIL
FOR MONTGOMERY COUNTY MARYLAND
By: Councilmember Leventhal
Subject:
Resolution to sunset or repeal certain boards, committees, and commissions.
Background
1.
The Council adopted Resolution No. 14-1511 on November 26, 2002 which authorized
the County Executive to establish a Silver Spring Transportation System Management
Advisory Committee.
2. The Council adopted Resolution No. 13-1498 on December 1, 1998 establishing the
Facilities Implementation Group. The Council adopted Resolution No. 15-1165 on
October 11, 2005 which changed the name of the Facilities Implementation Group to the
Dickerson Area Facilities Implementation Group.
3. Bill 29-11 would require the Solid Waste Advisory Committee to perform the functions
of the Dickerson Area Facilities Implementation Group.
Action
The County Council for Montgomery County Maryland approves the following resolution:
1. The following board, committee, or commission will sunset on December 1,2012:
Airpark Liaison Committee
East County Citizens Advisory Board
Friendship Heights TMD Advisory Committee
Mid-County Citizens Advisory Board
Silver Spring Citizens Advisory Board
Silver Spring Transportation Management District Advisory Committee
Technology Investment Fund Loan/Grant Committee
Upcounty Citizens Advisory Board
Western Montgomery County Citizens Advisory Board
2. Resolution No. is amended by deleting paragraphs 4, 5, and 6 and deleting references to
the Silver Spring Transportation Management District Advisory Committee in paragraph
7.
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Resolution No.: xx-xx
3. Resolution No. 13-1498 establishing the Facilities Implementation Group is repealed.
This is a correct copy of Council action.
Linda M. Lauer, Clerk of the Council
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