Memorial Day Schedule

While you enjoy hotdogs and lemonade, here's how Montgomery County government will observe Memorial Day on Monday, May 25:

County Offices -- closed
Libraries -- closed
County liquor stores – open from 10 a.m. to 6 p.m. with the exception of the following stores, which will be closed: Cabin John; Diamond Square; and Twinbrook
Ride On – Sunday schedule
Metrobus – Sunday schedule
Metrorail – Sunday schedule
Parking at public garages, lots, curbside meters – free
Refuse/recycling pick-up – no collection*
Transfer Station – closed
MCPS Administrative Offices – closed
State offices & courts – closed

*collection provided one day later for remainder of week (last collection day is Saturday)

Maintenance of Effort Waiver Denied

The State Board of Education denied our Maintenance of Effort waiver request with Board members Blair Ewing and Donna Hill Staton dissenting. This means the Council now must reconcile a $79 million budget gap as I indicated in my previous posts. I will continue to post budget information (right) as it becomes available so you can follow along. You can read more in The Gazette.

Disability Retirement Reform

Yesterday we unanimously approved amended Bill 37-08 that reforms the County’s Disability Retirement Law. We fully responded to all the issues the Inspector General raised in his report last September.

The bill was based on the tentative agreements negotiated by representatives of the County Executive and the Fraternal Order of Police. It makes reforms primarily focused on accountability--strengthening the Disability Review Panel and requiring independent medical examinations and annual re-checks for employees who retire on disability. I am confident that this will put to rest the concerns about the potential for fraud and abuse that the IG raised.

Although we discussed changing the level of benefits by implementing a two-tiered system, we took no action on it mainly because this particular issue always had been addressed through collective bargaining. The Council never has legislated the outcome of negotiations, and now isn’t the time to start. Most importantly, there was no way to guarantee that proposed changes actually would save the taxpayers any money.

Nor was there was any evidence to show that this was necessarily the only way to approach the issue of varying levels of police disability. In any event, we got the commitment from our negotiating team that they will take up this issue in their next set of negotiations with the police.

The major provisions of the bill we approved include the following:

• Increasing the independence of the Disability Review Panel by ensuring that a doctor appointed to the panel cannot be vetoed by an employee organization, as is currently allowed
• Improving medical expertise with regard to disability claim review by requiring that all four members (an increase from the current three members) of the Disability Review Panel be board certified in occupational medicine or have at least 10 years of experience practicing occupational medicine
• Requiring an independent medical examination of each disability applicant unless the nature and severity of the injury render it unnecessary
• Strengthening review of existing disability retirements by requiring an annual medical exam or a certificate from a medical doctor. This would verify a continuing disability for the first five years after retirement and every three years after that until age 55 for public safety employees. The Disability Review Panel may require the member to submit to an independent medical exam.
• Requiring panel decisions to be made by at least three doctors (instead of two)
• Reducing lump sum retroactive disability benefits by the amount of workers’ compensation benefits received by a police officer
• Requiring applicants to report a claimed injury within one year of the time the applicant knew or should have known that the injury was disabling
• Requiring applicants to file for benefits within one year after separation from county service or by July 1, 2010, whichever is later, and, for police officers, within five years of the accident causing the impairment or by July 1, 2014, whichever is later, unless the police officer is working in a chronic incapacity position
• Reducing the County’s payment by the amount of disability payments made by another employer for the same injury, except for Social Security disability benefits
• Reducing the County’s payment by the amount of outside earnings received by a former police officer who accepts employment as a sworn law enforcement officer with another government agency

Call or e-mail me if you have any questions.

No Word on Waiver

Because we still have not received the State’s decision on our request for a waiver on the educational funding requirement under the State’s Maintenance of Effort law, we will not have sufficient information to take a straw vote on the budget on Thursday as originally planned. We likely will take the straw vote on Tuesday, May 19, with the final action still scheduled for May 21 if all goes well. There are a lot of moving parts at this time, so stay tuned.

The Maintenance of Effort law requires jurisdictions to appropriate at least the same amount of money per pupil from their own budgets as they did in the previous year, regardless of any additional funding that may be received from other sources such as the state or federal government.

Because we received additional federal and state aid for education, we believe we can reduce our local funding portion of the school system’s budget without going below the program level recommended by the Board of Education. This being an extreme year, we are hopeful the State will grant a one-time waiver of the Maintenance of Effort requirement so that we do not have to make extreme cuts to other programs. We expect to hear tomorrow (May 15).

If we do not receive the waiver, then we must provide additional funding to the school system. There will be no other option but to take the money from other parts of the government, so we’ll have to re-evaluate our earlier decisions or take some other dramatic action.

If we do receive the waiver, we will finalize the remaining details of the budget, including Reconciliation List items (those which have not yet been approved, but are recommended for approval if funding permits), on the same day as the straw vote.

Now it gets REALLY interesting.

Budget Timeframe Coming to a Close

We’re heading into the home stretch on our budget deliberations. As you can see from the Committee Budget Packets (links to the right), Council committees have considered a mountain of information, and now the full Council is looking at the committees’ recommendations. In accordance with our normal practice, we plan to take a straw vote on Thursday which will signal our intent for final action on the following Thursday, May 21.

Some big questions remain to be answered between now and then. Biggest among those questions is whether the State of Maryland will grant us a waiver on the educational funding requirement under the State’s Maintenance of Effort law. It is our hope that because of the County’s longstanding commitment to education and its history of making investments well above the required amounts, we are in good standing to receive the waiver, either totally or in part.

Although the State is not required to issue its decision until May 15, we’ve asked to get the decision early. If we do not receive the waiver, then we would be required by law to provide more funding to the public school system. The money necessarily would come from other parts of the government.

If you are interested in the budget, now is the time to pay close attention. Things can change quickly during what we hope is our last week of budget discussions. I will continue to post the budget packets to the right so you can follow along. And of course, it is not too late to let me know what you think.

Choosing to Save Ride On Service

Yesterday the Transportation, Infrastructure, Energy and Environment Committee, which I chair, voted to recommend retention of the current service for approximately 18 Ride On bus routes that were targeted for elimination or reduced service in the County Executive’s proposed FY10 operating budget. To offset the costs of retaining the bus routes, we recommended an increase in parking rates in the Bethesda/North Bethesda area.

I don’t like raising fees, certainly, but I find eliminating bus service even less palatable. Transit has a lot of benefits, including reducing congestion and mitigating climate change. But, my most important consideration right now is that that Ride On is the only transportation option for many of our residents. During difficult times, we must make sure the most vulnerable of our residents continue to have the tools they need for their health, safety and productivity.

The Ride On service cuts would have saved approximately $2 million, but would have resulted in about 323,000 fewer riders annually. The full Council will consider the recommended changes as a part of its final budget discussions later in May.

To fund the restored bus routes, we recommended an increase of 25 cents per hour in all short-term spaces for public parking in the Bethesda Parking Lot District. Also recommended are increases in the long-term hourly rate, for a monthly Parking Convenience Sticker and for other associated fees. For more details, see the press release.

Rainscapes Rewards

This is a terrific program, so I'm reprinting this news from Rainscapes Rewards:

The 2009 form for Rainscapes Rewards is posted on the Rainscapes page. This is an incentive program offering rebates for on-site stormwater practices such as rain gardens, conservation landscaping, permeable pavers and rainbarrels. Other practices qualify too! Applications encouraged! Rebates are offered on a first come, first served basis as long as there is money in the rebate fund. Forms may be downloaded from the Rainscapes page at www.rainscapes.org .

Also, Solid Waste Services is offering a workshop in mid May:
Rain Garden and Worm Composting Workshop (registration is required)Sunday, May 17, 2:30 to 5:30 p.m. Learn what rain gardens are, how they are maintained, and why we need more. Then, find out about composting indoors with worms! We'll discuss how to successfully set up and maintain worm bins for turning your food scraps into black gold for your garden. Advance registration required. More information...

Parking Lot District Use of Revenue

Today, the Transportation, Infrastructure, Energy and Environment Committee (T & E) began its discussions of Bill 17-09, Parking Lot Districts—Use of Revenue. I introduced this bill on April 14 as a way of making it possible to use parking district revenues to fund transit that serves that particular district.

As everyone knows, money is tight right now. On the table are proposals to eliminate bus service. It seems to me that where we have parking revenue not needed for parking services, we should be able to use some of that money to support alternatives to driving.

The law already permits the use of some of these revenues (fines and parking fees) for transit related uses. Right now, we spend over $5 million of this money on traffic management, ridesharing, commuting alternatives, other mass transit uses and the urban district services.

Transit has long been a priority for me, and it is our best option for reducing congestion, combating climate change and ultimately enhancing our quality of life. I’m committed to looking at any opportunity to preserve transit under our current budget constraints.

A public hearing will be held on May 5 at 7:30, and the T & E Committee will continue its discussions on May 8. To register for the public hearing, call 240-777-7931. Take a look at the bill, and let me know what you think.

Council Passes Brick Paver Resolution

Today the Council passed the Resolution (with amendments) I proposed to restrict the use of brick pavers, cobblestones and stamped concrete on public walkways. The intent of the Resolution is to make sure our public spaces are accessible to everyone, including those with limited mobility, while at the same time continuing to allow creative design. To learn more, see my April 14 post.

Now Accepting Bids for Climate Plan Evaluation and Implementation

Now that the Montgomery County Sustainability Working Group has issued its 2009 Climate Protection Plan, the County is looking for a consultant to evaluate and help prioritize the plan’s recommendations. Proposed work may include developing evaluation metrics, developing implementation strategies, updating and maintaining the County’s greenhouse gas inventory, evaluating funding and financing mechanisms and other related work. If your business or non-profit organization is interested in pursuing this solicitation visit the link in Montgomery County’s Rapid Procurement System (Request for Proposals #9802000103) and get your bid in by May 6 at 3:00 p.m.

Joining the President for Transit Plan

Today I joined President Barack Obama, Vice President Joe Biden and Transportation Secretary Ray LaHood for the unveiling of the President’s new strategic plan for an effective network of high-speed passenger trains. I was representing the National Association of Counties where I am a member of the Transportation Steering Committee and chair of the Transit Subcommittee.

It was a tremendous honor to join the President and transit advocates from across the country for the unveiling of this transit plan that represents the future of transportation in our country. As a longtime advocate for transit, I am pleased that this Administration is acting on principles we’ve employed here in Montgomery County for years such as smart growth, transportation choice and accessible communities.

The President’s plan identifies high speed rail as a viable, new choice for travel—providing seamless access to airports, light rail stations and busy urban centers, alleviating congestion on the roads and in the air, helping to make America’s communities more livable and sustainable and helping meet America’s environmental goals. Under the plan, high-speed passenger trains would run in 100 to 600 mile corridors.

President Obama based his plan on his stated strategic transportation goals to ensure safe and effective transportation choices; build a foundation for economic competitiveness; promote energy efficiency and environmental quality; and support interconnected livable communities.

Budget Information Posted Here Daily

As we enter into one of the most challenging budget seasons we have ever faced, I want to make sure you are fully informed and have every opportunity to participate. That’s why I am posting the background information for all budget discussions to the right under “FY10 Budget Packets.” This way you’ll have the same information we do. Check back often as I will be updating this page daily. Also, visit the Council’s website for committee schedules if you want to hear the discussions. Most importantly, tell me what you would do.

Committee Amends Brick Paver Resolution

Yesterday the Council’s Transportation, Infrastructure, Energy and Environment Committee modified my proposed Resolution to prohibit the use of brick pavers in the construction of streets, sidewalks and other public rights-of-way.

The committee, which I chair, amended the Resolution so that it would ban further use of cobblestones and stamped concrete from public rights-of-way but would permit brick pavers if they are installed according to specifications that are in accordance with the Bethesda Streetscape Standards. The brick pavers only would be allowed in urban districts charged with maintaining them or where there is a permanent maintenance and liability agreement in effect that provides for their maintenance.

We worked hard on this Resolution to include the interests of various stakeholders. With the amendments we have been able to ensure access to public facilities for people with disabilities while at the same time maintaining many options for aesthetics and creative design.

I originally proposed the Resolution in response to recommendations from the Commission on People with Disabilities and the Montgomery County Department of Transportation.

The Commission on People with Disabilities noted that wheelchair users and others with limited mobility find uneven surfaces to be extremely difficult to navigate. The Commission stated that these pavements create barriers for people with mobility and visual disabilities.

The County Department of Transportation has reported that brick-paver surfaces are more difficult and costly to maintain than concrete or asphalt surfaces. People who push baby strollers also have indicated the brick pavers cause difficulty.

The full Council will take action on the resolution Tuesday, April 21.

Non-profit Used Bookstore Comes to Gaithersburg

I’m looking forward to visiting the Friends of the Library’s third used bookstore. The new store, at the intersection of Quince Orchard Road and Clopper Road in Gaithersburg, will offer not only used books but videos, educational games and other reading materials. The store also will accept tax-deductible donations of books. Proceeds are used to fund library enhancements such as children’s educational programs, cultural celebrations and new library technology.

The store opens on April 15 and will celebrate its grand opening on Saturday, May 2, 10:00-2:00. Festivities will include live entertainment, giveaways and children’s arts and crafts.

As we all struggle with a sagging economy, it’s nice to know we have low-cost options, especially for entertaining and educating our kids. If this store isn’t convenient for you, visit the non-profit organization’s other stores in Wheaton and Rockville.

High School Students Promote Biodiesel

It has been my pleasure to work with Poolesville High School Global Ecologies Studies Program students Casey Alexander and Catherine Schur. For their senior project, Casey and Catherine decided to raise awareness of the use of biodiesel and to promote it as a green alternative to traditional diesel fuel.

I encourage you to take a look at their new Web site that highlights the benefits of biodiesel, debunks some common myths and points out areas where biodiesel is being used effectively. I think even seasoned biodiesel enthusiasts will find some new information there. Most surprising tidbit from the site: “Chicken fats tend to be much less expensive than soybean oil which accounts for the majority of biodiesel that is processed and sold in the United States.”

Now Casey and Catherine are encouraging the Beallsville Fire Department to convert its engines to biodiesel. I am so pleased with their good work and look forward to their future as green energy advocates.