The Town of GLEN ECHO Chartered 1904 ownhall@genechoorg Town Hall e 6106 Harvard Avenue . Glen Echo e Maryland 20812 e (301) 320-4041 TOWN COUNCIL WORK SESSION MINUTES March 29, 2021; Held Virtually Via Zoom CALLTOORDER: MAYOR WILLEM POLAK. 7:02 PM PRESENT Mayor: Willem Polak. Town Manager: (TM) Beth Boa. Volunteer Advisor to the Town: Jean Sperling Councilmembers: (CM) Dia Costello, Matt Stiglitz, and Julia Wilson. Absent: Dan Spealman. FY20221 TAX RESOLUTION INTRODUCTION- TOWN RESOLUTION 21-02 - TO APPROVE LEVYING A TAX ON CERTAIN REAL AND PERSONAL PROPERTY FOR FY 2022. Motion to Introduce Resolution 21-02: CM Stiglitz; 2nd CM Costello. Approved 3-0. (attached) FY2022 BUDGET ORDINANCE INTRODUCTION - - TOWN ORDINANCE 21-03 - TO. ADOPT. A BUDGET FOR FISCAL YEARJULY1,2021 - JUNE 30, 2022 (FY22) (attached) Motion to Introduce Ordinance 21-03: CM Wilson; 2nd CM Stiglitz. Approved 3-0. DISCUSSION ON TOWN ELECTION 2021 occupied by Matt Stiglitz and Dan Spealman. DISCUSSION ON WYNNE PAYMENT The Council requested that TM Boa send a reminder toi residents about running for office via Constant Contact. Nominations are due April 13. The seats up for election are the Mayor and two Council seats currently Like many other municipalities in the State of Maryland, the Town of Glen Echo is obligated to repay the State of Maryland a sum of money as a consequence of the decision in 2015 by the Supreme Court, known as the "Wynne Decision." This decision applied the dormant Commerce Clause doctrine to Maryland's personal income tax scheme and found that a failure on the part of the state of Maryland to provide a full credit for income taxes paid to other states was unconstitutional. This identified an obligations of almost $7,000 for the Town of Glen Echo. As a part of a deal struck for repayment, the Town is required to repay this obligation. either by having it deducted from quarterly state income taxes payments to the town over the next 20 years or as an alternative, the total due to the state can be paid by the State determined due date of May 1, 2021. The Council discussed this and expressed an interest in paying the lump sum debt obligations rather than stretching this out over 80 payments adjustments and 20 years. The discussion will continue at the. April 12, 2021 Council Meeting. 1 ADJOURNMENT: Meeting Adjourned 7:21 pm Minutes Prepared by: Beth Boa, Town Manager Approved Mayor, Willem Polak llake PER Dpulig,20z/ 2 Resolution No.:21-02 Introduced: March 29,2021 Adopted: Effective Date: July1,2021 THE TOWN OF GLEN ECHO SUBJECT: ARESOLUTIONTO APPROVE LEVYING. A TAX ON CERTAIN REAL AND PERSONAL PROPERTY UNDER THE PROVISIONS OF SECTION 6-203 OF THETAX-PROPERTY ARTICLE OF THE. ANNOTATED CODE OF MARYLAND, AS AMENDED. WHEREAS, Maryland Code, Tax-Property Article, Section 6-203, as amended, grants authority to municipal corporations to levy a tax on personal property, land, and improvements thereon, within the municipal corporation; Section 6-203 ofthe Tax-Property Article; and WHEREAS, the Town of Glen Echo is a municipal corporation within the meaning of WHEREAS, pursuant to Section 613 of the Town Charter, the Town Council has the authority to levy a tax on all real and personal property in the Town at the rate determined in accordance with Section 613 oft the Town Charter; and WHEREAS, pursuant to Section 606 of the Town Charter, a public hearing was held for the residents of the Town of Glen Echo on April 12, 2021 after due notice and advertisement of the time and place oft the meeting and said notice included the proposed budget for the upcoming fiscal year and the proposed tax rates to be levied upon real and personal property; and WHEREAS, after due deliberation and consideration of all information and testimony presented to the Town Council, the Town Council finds that the proposed tax rates on real and personal property will serve the best interests of the Town. NOW, THEREFORE, bei it: RESOLVED: That the Town Council oft the' Town of Glen Echo pursuant to the authority granted by the Town Charter and Section 6-203 ofthe' Tax-Property Article oft the Annotated Code ofM Maryland, hereby levies a tax at the rate of fifteen cents ($0.15) per One Hundred Dollars of assessable value (fair market value) on real property subject to taxation by the' Town; eighty cents ($0.80) per One Hundred Dollars of assessed value of assessable personal property subject to taxation by the Town; one dollar and fifty cents ($1.50) per One Hundred Dollars of assessable utility property subject to taxation by the' Town; and be it further RESOLVED: That the tax levied hereby be certified to the County Council for Montgomery County, Maryland, and that Montgomery County, Maryland be, and hereby is, authorized and directed to collect andj pay over said tax to the' Town ofGlen Echo; and be it further RESOLVED: That the Director of Finance: for Montgomery County, Maryland be advised on this resolution. Attest: Ihereby attest that the above Resolution was duly adopted by the Town Council on the th day of MONTH 2021, by a vote of ini favor and in opposition Date: Approved: Date: Clerk-Treasurer Town of Glen Echo Willem Polak, Mayor Town of Glen Echo Ordinance No.:21-03 Introduced: March 29, 2021 Adopted:, 2021 Effective Date: July 1,2021 THE TOWN OF GLEN ECHO SUBJECT: AN ORDINANCE TO ADOPT A BUDGET FOR FISCAL YEAR JULY 1,2021 TO. JUNE 30, 2022 WHEREAS, Local Government Article, Section 5-202 ofthe Maryland Code grants to the legislativel body ofeveryi incorporated municipality inl Maryland, including the' Town ofGlen Echo, general power to pass such ordinances not contrary to the Constitution of Maryland, or public general law, as they may deem necessary in order to assure that good government of the municipality, toj protect andj preserve the municipality'srights, property, and privileges, toj preserve peace and good order, to secure persons and property from danger and destruction, and to protect thel health, comfort and convenience for the citizens oft the municipality; WHEREAS, Maryland Code, Tax-Property Article, Section 6-203, as amended, grants authority to municipal corporations to levy a tax on personal property, land, and improvements thereon, within the municipal corporation; WHEREAS, Maryland Code, Local Government Article, Section 5-205, as amended, authorizes the legislative body of each municipal corporation in the State of Maryland to spend money for any public purpose and to affect the safety, health, and general welfare of the municipality and its occupants; WHEREAS, Sections 413 and 415 oft the Charter oft the Town of Glen Echo authorize the Town Council toj pass ordinances not contrary tot the Constitution andl laws of the State ofN Maryland or the Charter oft the Town of Glen Echo; WHEREAS, Section 414(5) oft the Charter of the Town of Glen Echo authorizes the Town Council to appropriate municipal moneys for any purpose within thej powers ofthe' Town Council, and Section 613 ofthe Charter, authorizes the Town Council tol levy a tax on all real and personal property in the Town at the rate determined in accordance with Section 613 oft the Town Charter; and WHEREAS, the Town Council introduced the following Ordinance in public session WHEREAS, the Town Council, after proper notice to the public, considered the following WHEREAS, prior to adopting this Ordinance, the Town Council held public meetings on March 29, April 12, and April 26, 2021 to discuss and adopt tax rates for the forthcoming fiscal year and, by the attached resolution, adopted tax rates for the: forthcoming fiscal year; and assembled on the 29th day ofMarch 2021; Ordinance at aj public hearing held on the 12th of day of April 2021; WHEREAS, the' Town Council finds that the Ordinance as hereinafter set forth isi necessary in order to assure the good government of the municipality, to protect and preserve the municipality'sr rights, property, and privileges, toj preserve peace and good order, to secure persons and property from danger and destruction, and to protect the health, comfort and convenience of the citizens oft the Town, and otherwise advantageous and beneficial to the Town, NOW THEREFORE, the Town Council does hereby adopt the foregoing Ordinance: BE IT ORDAINED AND ORDERED, this 26th day of April 2021, by the Town Council, acting under and by virtue of the authority given it by the Maryland Code and the' Town Charter, that the attached Budget be and is hereby adopted. AND BE IT FURTHER ORDAINED AND ORDERED, by the Town Council, acting under and by virtue of the authority granted to it by the Maryland Code and the Town Charter, that: (1) Pursuant Maryland Code, Local Government Article, Section 5-205(b)(4), the Town Council may spend money for,a purpose different from the purpose for which the money was appropriated or spend money not appropriated in the attached budget if (2) If any part or provision of this Ordinance is declared by a court of competent jurisdictions to be invalid, the part or provision held to be invalid shall not affect the validity of the Ordinance as a whole or any remaining part thereof; and (3) This Ordinance shall take effect on the 1St day of. July 2021. approved by a two-thirds vote oft the Town Council; Attest: Ihereby attest that the above Ordinance was duly adopted by the' Town Council on the 26h day of April 2021, by a vote of ini favor and inc opposition. Date: Town Managerclerk-Treasuret Town of Glen Echo Approved: Date: Willem Polak, Mayor Town of Glen Echo