AGENDA ITEM #8
November 1, 2016
Public Hearing
MEMORANDUM
October 28,2016
TO:
FROM:
SUBJECT:
County Council
Jeffrey
L.
zyon~or
Legislative Analyst
Public Hearing:
Bill 41-16, Community Zoning and Land Use Resource Officer
Bill 41-16, Community Zoning and Land Use Resource Officer, sponsored by Lead Sponsor
Councilmember Berliner and Co-Sponsors Councilmembers Hucker and Katz, was introduced on
October 4,2016. A Planning, Housing and Economic Development Committee worksession will
be scheduled at a later date.
Bill 41-16 would replace provisions for a People's Counsel with provisions for a Community
Zoning and Land Use Resource Officer. Since the introduction of Bill 41-16, the sponsor has
come to believe that the Council should not remove the provisions for the Office of People's
Counsel. The sponsor will offer an amendment to Bill 41-16 at the Planning, Housing, and
Economic Development Committee worksession. The amendment would retain all of the
provisions for the Office of the People's Counsel without otherwise changing the content of Bill
41-16 as introduced.
In the sponsor's opinion, the development approval process can be overwhelming for those
responding to the plans of others. A Community Zoning and Land Use Resource Officer would
provide an independent source of information to educate residents on how, when, and where they
may participate in the public approval process for sketch plans, subdivisions, site plans, conditional
use applications, and variances.
Under Bill 41-16, the primary function ofthe Community Zoning and Land Use Resource Officer
would be to: 1) meet with community members to inform them of critical decision points in the
process; 2) educate community members individually or in group meetings on how to develop
effective testimony before decision making bodies; and 3) answer questions concerning zoning
and land use from community members or community organizations. Bill 41-16 would prohibit
the Resource Officer from being a direct participant
in
any proceeding in the development process.
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With regard to the fiscal impact of Bill 41-16, the Office of Management and Budget put the
possible range of annual expenditures between $104,000 and $210,000 per year. The difference
between the low and the high end of the range reflects different levels of effort. That low end of
the possible range, the County may hire a part time consultant as the Resource Officer. The highest
expenditure in the range would allow for a full time consultant. The cost for a County employee
with or without an administrative aide would be within the $104,000 to $210,000 range. The
actual fiscal impact of Bill 41-16 will depend upon the Council's appropriation of funds.
The People's Counsel Office was last funded in FY10. The funding level during that fiscal year
was $246,520. The incumbent's tenure and the fact that the People's Counsel was required to be
an attorney explains the difference between the estimated fiscal impact and the last expenditure
for the Office of the People's Counsel.
This packet contains:
Bill 41-16
Legislative Request Report
Fiscal and Economic Impact statement
Circle
#
I
8
9
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Bill No.
41-16
Concerning: Community Zoning and
Land Use Resource Officer
Draft No: 1
Revised:
9/24/16
Introduced:
October 4.2016
Expires:
April 4. 2018
Enacted: _ _ _ _ _ _ _ _ __
Executive: _ _ _ _ _ _ _ __
Effective: _ _ _ _ _ _ _ _ __
Sunset Date:
---'-!.No~n.!.::oe'__
_ _ _ __
Ch. _ _, Laws of Mont. Co. _ __
COUNTY COUNCIL
FOR MONTGOMERY COUNTY, MARYLAND
Lead Sponsor: Council Vice President Berliner
Co-Sponsors: Councilmembers Hucker and Katz
AN
ACT to:
(1)
(2)
replace provisions for a People's Counsel with provisions for a Community Zoning
and Land Use Resource Officer; and
generally amend the law relating to a Community Zoning and Land Use Resource
Officer.
By amending
Montgomery County Code
Chapter lA, Structure of County Government
Sections 1A-203 and 1A-204
Chapter 2, Administration
Section 2-150
Chapter 33A, Planning Procedures
Section 33A-15
Boldface
Underlining
[Single boldface brackets]
Double 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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BILL No. 41-16
1
2
Sec.
1.
Sections lA-203, lA-204, and 33A-15 are amended as follows:
lA-203. Establishing other offices.
3
4
* * *
(b) Legislative Branch.
These are the offices ofthe Legislative Branch:
5
6
Office ofthe County Council (Charter section 101 et seq.)
Office ofthe Inspector General
Office of Legislative Oversight [section 29A-5]
[Office of the People's Counsel] Community Zoning and Land Use
Resource Officer
Office of Zoning and Administrative Hearings
7
8
9
10
11
12
* * *
lA-204. Supervision of offices and appointment of heads.
13
* * *
(b)
Legislative Branch.
14
15
* * *
(3)
[Office ofthe People's Counsel] Community Zoning and Land Use
Resource Officer.
(A) The County Council may employ, as a term merit system
employee, a [Office of the People's Counsel] Community
Zoning and Land Use Resource Officer. The Council may,
by a resolution adopted by an affirmative vote of six
Councilmembers, remove a [people's Counsel] Community
Zoning and Land Use Resource Officer during the
Counsel's term for good cause. Alternatively, the County
Council may retain as an independent contractor [one or
more attorneys, along with support staff, consultants, and
expert witnesses,] to provide the services of the [People's
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o
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BILL
No. 41-16
28
Counsel] Community Zoning and Land Use Resource
Officer under Section 2-150. The contract may be canceled
at any time by a resolution adopted by an affmnative vote
of six Councilmembers.
(B)
[Any attorney employed or retained as the People's Counsel
must:
(i)
be a member of the bar of the Court of Appeals of
Maryland;
(ii)
have at least five years experience in the practice or
teaching of law; and
(iii)
have substantial experience with land use legal issues
and procedures.]
[(C) Any attorney employed or retained as the People's Counsel
must not represent any client, other than as People's
Counsel, in any matte,r involving land use in Montgomery
or Prince George's County.]
[(D)] Any [attorney] person employed or retained as the [people's
Counsel] Community Zoning and Land Use Resource
Officer must not, within one year after [the attorney's]
service as [people's Counsel] the Community Zoning and
Land Use Resource Officer ends, represent any party in any
proceeding involving zoning or land use in the County.
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* * *
Article
xn
[People's Counsel] Community Zoning and Land Use Resource
()fl5cer
[People's Counsel] Community Zoning and Land Use Resource
()fl5cer-Functions.
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2-150.
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BILL
No. 41-16
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(a)
Purpose.
[Infonned public actions on land use matters require a full
exploration of often complex factual and legal issues. An independent
People's Counsel can protect the public interest and promote a full and
fair presentation ofrelevant issues in administrative proceedings in order
to achieve balanced records upon which sound land use decisions can be
made.
In
addition, a People's Counsel who provides technical assistance
to citizens and citizen organizations will encourage effective participation
in, and increase public understanding of and confidence in, the County
land use process.]
The development approval process can be
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overwhelming for those responding to the plans of others. Meaningful
participation
Qy
affected neighbors can lead to better decision making
Qy
public bodies. A Community Zoning and Land Use Resource Officer
will provide an independent source of infonnation to educate residents on
how, when, and where they may participate in the public approval process
for sketch plans, subdivisions, site plans, conditional use applications,
and variances.
(b)
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Authority; duties.
[To protect the public interest and achieve a full and
fair presentation of relevant issues,
th~
People's Counsel may participate
in a proceeding before:]
[( 1)
the Board of Appeals if the proceeding involves a variance or a
special exception;]
[(2)
the County Council (solely for oral argument) or the Hearing
Examiner for the County Council ifthe matter involves a local map
amendment, a development or schematic development plan
approved under the zoning process or a special exception; and]
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BILL
No. 41-16
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[(3)
the Planning Board if the proceeding involves action on an
optional method development, a subdivision plan including a
subdivision plan for a cluster development, or a site plan.]
[The People's Counsel may also file a complaint under Section 59-G­
1.3(b) alleging failure to comply with a special exception, or may seek a
modification of a special exception under Section 59-G-l.3(c) or a
revocation ofa special exception under Section 59-G-1.3(e).]
The Community Zoning and Land Use Resource Officer must:
ill
keep informed on pending development decisions;
keep informed on changes to the development process;
attend pre-application community meetings concerning significant
projects when the Officer becomes aware of such meetings;
rn
ill
ill
ill
meet with community members to inform them of critical decision
points in the process;
educate community members individually or in group meetings on
how to develop effective testimony before decision making bodies;
and
@
answer questions concerning zoning and land use from community
members or community organizations.
(c)
Restrictions.
[The People's Counsel must not participate in any
legislative proceeding, or in any proceeding before a board or agency of
any municipality in the County.] The Community Zoning and Land Use
Resource Officer
- - - ­
must not:
ill
give testimony in any proceeding before any public body either as
~
representative or in individual capacity;
rn
act as personal attorney for any community member or association;
or
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BILL
No.41-16
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[(
e)]
ill
(d)
represent the County, any government agency, or any private
~
in any pmceeding.
[Participation.
The People's Counsel is a party in a proceeding under
subsection
(b)
once the People's Counsel files a notice of intention to
participate. After the notice is filed, the People's Counsel is entitled to all
notices to a party and may participate by making motions, introducing
evidence, calling witnesses, examining and cross-examining witnesses,
and making arguments as the law and the evidence in the proceeding
warrant. The People's Counsel may file and argue an appeal the same as
any other party to the proceeding.]
Independent status.
[The People's Counsel must not represent the
County, any government agency, or any private party in any proceeding.]
The [people's Counsel] Community Zoning and Land Use Resource
Officer is not subject to the authority of the County Attorney of any
County Department or State Agency.
[(t)
Notice.
Ifthe People's Counsel intends to participate in a proceeding, the
People's Counsel must give all parties a notice of intention to participate.]
[(g)
Discretion.
In
the People's Counsel's discretion, the People's Counsel
may withdraw from, or decline to participate in, any proceeding in which
the Counsel may participate under subsection (b). The People's Counsel
is not liable to any person for participating in, or declining to participate
in, any proceeding.]
[(h)
Technical assistance.
Without becoming a party to any judicial or
administrative proceeding, and subject to available time and resources,
the People's Counsel may provide technical assistance to any person
about a proceeding listed in subsection (b). When providing technical
assistance under this subsection, the People's Counsel must inform the
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ComnllUlity
Resource Officer\Billl.Docx
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BILL No. 41-16
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recipient that the People's Counsel is not acting and cannot act as a
personal attorney for the recipient.]
[(i)]
W
Coordination.
The [people's Counsel] Community Zoning and Land
Use Resource Officer must coordinate the services ofits office with those
offered by land use information staff in the Council, Board of Appeals,
and Planning Board, to avoid inconsistency and duplication and to
maximize the assistance offered to citizens.
[U)]
ill
Annual report.
of the office.
The [People's Counsel] Community Zoning and Land
Use Resource Officer must annually report to the Council on the activities
*
33A-15. Subdivision Staging Policy.
* *
* *
*
(b)
Duties o/the County Planning Board.
Every fourth year, in the second year of a Council term, the Planning
Board must produce a recommended subdivision staging policy.
*
(3)
* *
The Board must promptly make available to the CountY Executive,
other agencies (including the Office of Zoning and Administrative
Hearings [and the People's Counsel] Community Zoning and Land
Use Resource Officer), and the public copies ofthe staff draft and
the Board's recommended subdivision staging policy.
*
Approved:
*
*
Nancy Floreen, President, County Council
Date
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LEGISLATIVE REQUEST REPORT
41-16
Community Zoning and Land Use Resource Officer
DESCRIPTION:
This Bill would replace current provisions for a People's Counsel with
provisions for a Community Zoning and Land Use Resource Officer
position.
The County's development approval, zoning code, and master plan
process is complex. Residents living in proximity to proposed
development or a new master plan need assistance
in
understanding
and communicating relevant facts to decision makers at the appropriate
time and place.
The amendment will create a position that serves as a community
resource and facilitates participation
in
the development process
without adding a direct participant
in
that process.
Planning Department, the Office of Zoning and Administrative
Hearings, and'the Board of Appeals
To be requested.
To be requested.
To be requested.
To be researched.
Planning Department, the Office of Zoning and Administrative
Hearings, and the Board of Appeals
To be researched.
PROBLEM:
GOALS AND
OBJECTIVES:
COORDINATION:
FISCAL IMPACT:
ECONOMIC
IMPACT:
EVALUATION:
EXPERIENCE
ELSEWHERE:
SOURCE OF
INFORMATION:
APPLICATION
WITHIN
MUNICIPALITIES:
PENALTIES:
Not applicable.
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ROCKVILLE, MARYLAND
MEMORANDUM
October
24, 2016
TO:
FROM:
SUBJECT:
FEIS for Bill 41-16, Community Zoning and Land Use ResoPTceOfficer
Please find attached the fiscal and economic impact statements for the above­
referenced legislations.
JAH:fz
cc: Bonnie Kirkland, Assistant Chief Administrative Officer
Lisa Austin, Offices ofthe County Executive
Joy Nunni, Special Assistant to the County Executive
Patrick Lacefield, Director, Puhlic Information Office
David Platt, Department of Finance
Dennis Hetman, Department of Finance
Jed Millard, Office ofManagement and Budget
Jennifer Nordin, Office of Management and Budget
Naeem Mia, Office of Management
and
Budget
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FiScal Impact Statement
Bill 41-16 - Community Zoning and Land Use Resou.rce Officer
1. Legislative Summary
The
Bill
would abolish the Office ofPeo,ple's Counsel and
establish
in its
place a
Cotnmunity
Zoning and
Land
Use Resource
Officer.
'The primary function
of
the Community Zoning and
Land Use Resource Officer would
be
to meet with community mem'bers
to
inform them of
decision points
in the
process;
educate
community members on how to develop effective
testimony;, and answer questions concerning zoning and land use from community members and
community organizations.
2. An estimate of changes in County revenues and expenditures regardless of whether the revenues
or expenditures are assumed in the recommended or approyed budget. Includes source of
information, assumptions, and methodologies used.
No revenues are proposed by the Bill.
The Office of People's Counsel was last funded in FY
1
0 at
$246,520
and
1.8
wotkyears.
Abolishing the Office does not offset expenditures related to the establishment ofthe Community
Zoning and Land Use Resource Officer.
Expenditures would include personnel and operating costs ofthe ('..ommunity Z-Oning and Land
Use Resource Officer. There are provisions in the
Bill
that would allow for the Officer to be a
tenn merit system position or a consultant. The position is not required
to
be
futI-time.
FTEs
Scenario
I
-Full-time Officer
{G28)
and Part-time Support Staff (GI6)
Salary
$122,340
$74,755
Benefits Operating
Expenses
$37.555
$32,011
$6,000
$6,000
$210,500
Total
$165,894
$112,766
$210,500
$106,500
$208,000
$104,000
1.5
l.0
1.0
!
Scenario
2
-Part-time Officer
(028)
and Part-time Support Staff (G
16)
Scenario
3-
On-Site Full-time
Consultant
@
2.080
hours
Scenario 4 - On-Site Part-time
Consultant
@ 1,040
houts
Scenario 5- Off;.Site Full-time
Consultant
@
2,080
hours
N/A
N/A
N/A
I
NJA
N/A
N/A
Equivalent
0.50
$106.500
$208,000
$104,000
Equivalent
1.0
I
Equivalent
0.50
I
N/A
Scenario 6 - Off-Site Part-time
Consultant @
1,040
hours
N/A
Equivalent
!
,
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3. Revenue and expenditure estimates coveringat least the next 6 fiscal years.
Estimated expenditures:
Sccnark) I·
ScenariO 2"
$165.a~
$112,76(1
Sl06,5OC
$208 000
$104,000
. :
SI66;2lt
SIJIS.14
$171.223
$04,8S~
$176,361]
Sl&lp$J
$118,,30S$121.~
Sl87,WC
$US,SIC
$118,819
$237,638
$118,819
""""', .,
.
Scenario 3"""
Scenario 4""
$106.8QlJ
$106808
$109,99'
$109,69i
$213,(j16$219J~
$112,653$115,695
$225,307
$2.31,390
$112,653
SUS,69S
··~
.
EIiI)~~~n o(9~,t~,~~~~i~y'~~,iii~!9.>~~~~~~,.~~.,,,.."".,.".,
. . ., , ,. . .". ,..,,,,..
,,,..1,..,,,,...,_., ....,.,,,.,...,,, ..,.,,,,......'.,.",.',. .......
.
~<i:;~;~:~~i~~:~~'~y.~~~·gn~~L
2.7
percent ".......
. """"""'"..·.. . . ."· . , . ·
L.'
,
;:..
.......
...
"
,'.".,,.
.........
NO~(!:Sllpp()r.ts~:H:cos:t:s ~re
n()t
jnc!u~(!d
in
scena~{)s3r4,?,a~~~
...................................... .
4.
An
actuarial analysis through the entire amortization period for each bill that would affect retiree
pension or group insurance costs.
Not applicable
5. An estimate of expenditures related to County's infonnation technology (IT) systems. including
Enterprise Resource Planning (ERP) systems.
Not
applicable
6.
Later actions
that
may
affect future revenue
and
expenditures
if
the bill
authoriz.es future
spending.
Not applicable
7. An estimate of the staff time needed to implement the bill.
1.0 to 1.50 FTEs or 1,040 to 2,080 consultant hours
8. An
explanation of
how the
addition of new staffresponsibilities
would affect other duties.
Planning Stai:(. the Hearing Examiner, and Board of Appeals
staff
may
he
able to refer inquiries
to the Community Zoning and Land Use Resource Officer.
9.
An
estimate of costs when an additional appropriation is needed.
See
Question
#2.
10, A description of any variable that could affect revenue and cost estimates.
Not
applicable
11.
Ranges
of revenue or expenditures that are uncertain or difficult to project.
Not
applicable
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12. If a bill is likely to have no fiscal impact, why that is the case.
Not applicable.
13.
Other .fiscal
impacts or comments.
Not applicable
14. The foHowing contributed
to
and
concurred with this analysis:
Jeff Zyontz, Council Staff
Jennifer Nordin, OMB
ifer . Hugbes,
I)irecto~
... .
ce
of Management and B
get
-
~
­
@