For Immediate Release: Monday, December 7, 2020
Also on Dec. 8: Council to receive a fiscal update and introduce the Housing Justice Act and legislation to prevent rent gouging near transit
The Council will meet virtually on Tuesday, Dec. 8 at 9 a.m. and will begin with the following proclamation presentations: celebrating the 20th Anniversary of Action in Montgomery by Councilmember Evan Glass; honoring BlackRock Center for the Arts by Councilmember Nancy Navarro; recognizing Human Rights Day by Council President Tom Hucker and County Executive Marc Elrich and recognizing National Influenza Vaccination Week by Council Vice President Gabe Albornoz.
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 meeting schedule may change from time to time. The current Council agendas can be viewed at: http://www.montgomerycountymd.gov/COUNCIL/ondemand/index.html.
On the guidance of Health Officer and Chief of Public Health Services Dr. Travis Gayles, there is currently no public access to the Council Office Building. The virtual Council meeting will be 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 and Fios 30.
Council Agenda Items
County Fiscal Update
The Council will receive an update from Executive staff about the County’s fiscal plan, including revised FY21 revenue estimates and expenditures based on the Office of Management and Budget’s first quarter analysis. Given the unique nature of the update for this fiscal year, the Council will have a more detailed discussion about County’s fiscal plan in Jan. 2021 that will incorporate the use of CARES funding and potential FEMA reimbursements.
The Council staff report can e viewed here.
The Council will introduce the following items:
Expedited Bill 50-20 – Landlord-Tenant Relations – Fire Safety – Removal of Mercury Service Regulators
The Council will introduce Expedited Bill 50-20, which would require landlords to schedule the immediate replacement of indoor mercury service regulators that regulate the flow of natural gas into the home and can cause natural gas to build up and ignite, if not installed properly. The bill also requires landlords to notify each tenant if a mercury regulator is found and contact the gas utility to arrange for an immediate replacement with a safe alternative. The National Transportation Safety Board found that the Aug. 2016 explosion at the Flower Branch Apartments in Silver Spring was caused when a failing mercury service regulator which was not connected to a vent line allowed natural gas to build up and ignite. The explosion killed seven people and displaced more than 100 residents. Council President Tom Hucker is the lead sponsor. A public hearing is scheduled for Jan. 12, 2021 at 1:30 p.m.
The Council staff report can be viewed here.
#MercuryRemovalMD are being used for this bill on social media.
Bill 51-20 – Housing and Building Maintenance Standards – Window Guards
The Council will introduce Bill 51-20, known as the Window Safety Act, which would require the installation and maintenance of window guards in multifamily dwellings to protect children from the risk of falling. The bill also requires notifications to tenants about window guards and directs tenants not to remove them. The landlord also would not be permitted to charge a tenant for the installation or maintenance of window guards. A public hearing is scheduled for Jan. 12, 2021 at 1:30 p.m.
The Council staff report can be viewed here.
#WindowSafety and #ASaferView4Kids are being used for this bill on social media.
Bill 49-20 - Human Rights and Civil Liberties - Discrimination in Rental Housing - Fair Criminal History and Credit Screenings (“Housing Justice Act”)
The Council will introduce Bill 49-20, the Housing Justice Act, which would strengthen the County's housing discrimination laws and commitment to racial equity and social justice. This legislation limits inquiries into certain types of arrests and convictions in rental housing applications and requires increased transparency during the credit check process. Councilmembers Evan Glass and Sidney Katz are the lead sponsors. Councilmembers Will Jawando, Craig Rice, Nancy Navarro and Hans Riemer are cosponsors. The legislation requires landlords to include any criminal and credit history requirements on their rental applications; prohibits inquiries or consideration of certain arrests and convictions in rental housing decisions; and determines rents based on market demands, not sources of income or other discriminatory factors. A public hearing is scheduled for Jan. 12, 2021 at 1:30 p.m.
The Council staff report can be viewed here.
#HousingJustice is being used for this bill on social media.
Bill 52-20 - Landlord-Tenant Relations - Protection Against Rent Gouging Near Transit
The Council will introduce Bill 52-20, which would establish protections against rent gouging for certain rental units; set the base rental amount for certain rental units; provide for exemptions from certain rent protection requirements; and require each landlord to submit an annual report regarding rents. Councilmember Will Jawando is the lead sponsor. The goal of this legislation is to set standards regarding rent increases near certain transit corridors to ensure that unfair rent gouging does not take place. A public hearing is scheduled for Jan. 12, 2021 at 1:30 p.m.
The Council staff report can be viewed here.
Special Appropriation to the Fiscal Year 2021 Operating Budget, Montgomery County Government Federal Coronavirus Relief Fund (NDA), $9,934,156 and Amendment to Resolution 19-498 Special Appropriation to the Fiscal Year 2020 Operating Budget Montgomery County Government Federal Coronavirus Relief Fund (NDA)
The Council will introduce, hold a public hearing and vote on a special appropriation to the Coronavirus Relief Fund (CRF). This special appropriation would appropriate $9.9 million in federal CARES funding to the County Government COVID-19 non-departmental account. Based on current spending patterns and demands, the County Executive anticipates that $9.9 million will be unspent in previously approved CARES-funded appropriations. The appropriation request does not require that the $9.9 million in projected unspent funds be reallocated but provides the County Executive with the authority to do so if some or all those expenditures are not spent on their original purpose by the congressionally mandated deadline. All CRF funds must be spent by Dec. 30, and any unspent funds after that date must be returned to the federal government. The purpose of this action is to ensure that all remaining CRF funds can be spent and to direct any reallocated funding toward Council priority areas that benefit residents and businesses most in need to the maximum extent possible.
The Council staff report can be viewed here.
Special Appropriation to the County Government’s FY21 Operating Budget, COVID-19 Human Services and Community Assistance NDA, COVID-19 Response - $12,803,250 for Montgomery County Food Security Fund, and Amendment to the FY21 Operating Budget Resolution 19-472, Section G, Designation of Entities for Non-Competitive Contract Award Status
The Council will hold a public hearing and vote on a special appropriation for $12,803,250 for the Montgomery County Food Security Fund. This appropriation will allow Montgomery County’s Food Security Task Force to continue services through the end of the fiscal year. The funds will support the efforts to connect residents to food assistance in the short term and make investments in systems, programs and partnerships that will last past the crisis.
The Council staff report can be viewed here.
Special Appropriation to the County Government’s FY21 Operating Budget, COVID-19 Human Services and Community Assistance NDA - $4,620,997, Por Nuestra Salud y Bienestar (For Our Health and Wellbeing)
The Council will introduce, hold a public hearing and vote on a special appropriation for $4,620,997 to continue the Latino Health Steering Committee's Por Nuestra Salud y Bienestar Program. This initiative was spearheaded by Councilmembers Nancy Navarro and Gabe Albornoz. The program provides a targeted emergency response related to the disparate impact of COVID-19 on Hispanic and Latinx persons who have high COVID-19 positivity rates compared with those of non-Hispanic persons. The Latino Health Steering Committee has developed a proposal to continue implementing a culturally and linguistically competent health and wellness system that addresses critical needs for outreach, education, clinical follow-up, case management and coordination of mental health services.
The Council staff report can be viewed here.
Special Appropriation to the County Government’s FY21 Operating Budget, COVID-19 Human Services and Community Assistance NDA, $3,341,444, African American Health Program Executive Committee Targeted COVID Response, and Resolution to Amend the FY21 Operating Budget for the Montgomery County Government, Resolution 19-472, Section G, Designation of Entities for Non-Competitive Contract Award Status: The National Center for Children and Families, Inc.
The Council will hold a public hearing and vote on a special appropriation for $3,341,444 to continue the African American Health Program (AAHP) Executive Committee Targeted COVID Response Program. The program provides a targeted emergency response related to the disparate impact of COVID-19 on African American and Black residents because of the underlying conditions that are driving the cases and disparities in death rates. The African American Health Program Executive Committee Targeted COVID Response will continue implementing strategies that address critical needs for community outreach, communications, and education, mental health supports and services, support of a Black Physician Partnership and funds to address food insecurity for African American and Black residents.
The Council staff report can be viewed here.
Amendments to the Comprehensive Water Supply and Sewerage Systems Plan: Water and Sewer
The Council will introduce amendments to the Comprehensive Water Supply and Sewerage Systems Plan: Water and Sewer Category Change Requests. On Dec. 4, the Council received a package of six water and sewer category change requests from the County Executive. The requests and Executive recommendations are noted on pages 1 and 2 of the Executive Staff Report. A public hearing has been scheduled for January 12, 2020 at 1:30 p.m.
The Council staff report can be viewed here.
Zoning Text Amendment (ZTA)20-07, R-60 Zone - Uses and Standards
The Council will introduce ZTA 20-07, R-60 Zone – Uses and Standards. This ZTA would allow owners of R-60 zoned property located within one mile of a Metrorail station to build duplexes, townhouses and multi-family structures within the current R-60 lot coverage, building height, setbacks, minimum lot size and minimum parking requirements. More flexibility would be allowed for projects constructed on R-60 zoned sites located within a half mile of a Metrorail station. Such sites would be excluded from infill lot coverage limits and the minimum parking requirements would be decreased. Councilmember Jawando is the lead sponsor. The public hearing is scheduled for Feb. 9 at 1:30 p.m.
The Council staff report can be found here.
Zoning Text Amendment (ZTA)20-08, Residential Care Facility - Continuing Care Retirement Community
The Council will introduce ZTA 20-08, Residential Care Facility - Continuing Care Retirement Community, which would add a definition for a Continuing Care Retirement Community to the Zoning Ordinance to allow for flexibility in senior living unit types while also requiring assisted living services. ZTA 20-08 would establish the circumstances under which independent living units would be permitted within the Continuing Care Retirement Community use. The Zoning Ordinance currently allows independent living units and residential care facilities in a multi-unit building type if approved as a conditional use. The lead sponsor Council President Hucker at the request of the Planning Board. The public hearing is scheduled for Jan. 19 at 1:30 p.m.
The Council staff report will be available here by Dec. 8.
Subdivision Regulation Amendment (SRA) 20-02 Subdivision Ordinance - Revisions, Clarifications and Corrections
The Council will introduce SRA 20-02 which focuses on clarifying language, correcting mistakes and adding necessary provisions. The vast majority of proposed changes are minor. Some of the substantive changes include: new provisions for the approval of flag lots and lots without frontage; exemptions from platting requirements for utility and telecommunications structures; provisions for vacating an approved subdivision plan; and the provision for extension of reservation of land for public use. A public hearing is scheduled for Feb. 9 at 1:30 p.m.
The Council staff report that outlines each of the proposed changes can be found here.
Novel Coronavirus (COVID-19) and County Public Health Planning
The Council will sit as the Board of Health to receive an update on the County’s ongoing response to the COVID-19 pandemic and its recovery efforts. The Council will be joined by Dr. Travis Gayles, County health officer and chief of the Department of Health and Human Services’ (DHHS) Public Health Services; Dr. Earl Stoddard, director, Office of Emergency management and Homeland Security; and Dr. Raymond Crowel, director, DHHS.
The Council staff report can be viewed here.
Coronavirus Relief Fund
As the result of the Council’s Oct. 13 meeting, requested by Councilmember Nancy Navarro and supported by the full Council, about the Coronavirus Relief Fund, the Council receives a weekly status report on appropriations and expenditures from the fund by executive branch staff. Since all funds must be used by Dec. 31, 2020, it is important to track the County’s use of the funds and whether any reallocations or additional appropriations are necessary. Rich Madaleno, chief administrative officer, and Dr. Earl Stoddard, director, Office of Emergency Management and Homeland Security, will brief the Council.
The Council staff report can be viewed here.
The Council is scheduled to vote on the following items:
Bill 32-20, Solid Waste (Trash) Waste Reduction/Source Reduction and Single-Use Straws -Requirements
The Council is scheduled to vote on Bill 32-20, which would do the following: establish a program for waste reduction/source reduction in Montgomery County; provide criteria for waste reduction initiatives and programs; set forth the method by which the program is established; prohibit the distribution of single-use straws except in certain circumstances; and post information that plastic straws will no long be provided to a customer, except when necessary to accommodate a medical or disability-related need of a customer. Councilmember Sidney Katz, who served as Council president when the bill was introduced, is the lead sponsor, at the request of the County Executive. The Transportation and Environment (T&E) Committee recommends approval with amendments, which can be found on circle page one of the Council staff report.
The Council staff report can be viewed here.
#WasteReductionPlan is being used for this bill on social media.
Bill 42-20, Ethics - Public Accountability and Transparency – Amendments
The Council is scheduled to vote on Bill 42-20, the PACT Act, which would, among other things, require the County Executive to disclose a proposed employment contract with an appointee to a non-merit position and any employment contract with an employee currently serving in a non-merit position to the Council. Councilmember Andrew Friedson is the lead sponsor. Councilmembers Craig Rice, Sidney Katz, Evan Glass, Nancy Navarro and Council President Tom Hucker are cosponsors. The goal of this legislation is to increase public accountability and County transparency. The Government Operations and Fiscal Policy (GO) Committee recommends approval with the following amendments: adopt Councilmember Friedson’s amendment to broaden the prohibition on participation in a matter with an organization or individual that employed the public employee or the employee’s immediate family member in the prior 12 months; and clarify that the source of income disclosed on a financial disclosure statement must be all fees received from one individual or organization totaling more than $1,000 during the reporting period.
The Council staff report can be viewed here.
#PACTAct is being used for this bill on social media.
Bill 43-20, Non-merit Employees - Merit System Employees – Severance Pay - Limited
The Council is scheduled to vote on Bill 43-20, which would prohibit severance pay for a County employee unless authorized by law and prohibit severance pay for certain employees who violate the Ethics Law. Councilmember Andrew Friedson is the lead sponsor. Councilmembers Craig Rice, Sidney Katz, Evan Glass, Nancy Navarro and Council President Hucker are cosponsors. The goal of this legislation is to improve transparency in employee compensation. The GO Committee recommends approval with amendments, which can be viewed on page three of the Council staff report.
The Council staff report can be viewed here.
#SeveringSeverance is being used for this bill on social media.
Expedited Bill 48-20, Human Rights and Civil Liberties - Building Maintenance Worker - Minimum Work Week - Effective Date
The Council will receive public testimony and vote on Expedited Bill 48-20, which would delay the effective date of Bill 12-19 from Jan. 1, 2021 to Jan. 1, 2022. Bill 12-19, which was approved by the Council in Nov. 2019, requires an employer to provide a minimum work week of at least 30 hours for each employee working as a janitor, building cleaner, security officer, concierge, doorperson, handyperson or building superintendent at an office building occupying at least 350,000 square feet in the County. The bill also applies to a County government employee working as a building maintenance worker in an office building of at least 350,000 square feet.
The global COVID-19 pandemic has created near empty office buildings in the County due to many office workers forced to work from home. Both the Service Employees International Union (SEIU) and AOBA (Apartment and Office Building Association of Metropolitan Washington) believe the implementation of the law during this pandemic is likely to further destabilize employment of these workers.
The Council staff report can be viewed here.
#MinimumWorkWeek is being used for this bill on social media
Consideration of County Executive’s Veto of Bill 38-20, Taxation -Development Impact Taxes for Transportation and Public School Improvements - Amendments
The Council is scheduled to review the County Executive’s veto of Bill 38-20. The Council unanimously voted to approve Bill 38-20 on Nov. 16. The County Executive vetoed the Bill on Nov. 30. Under County law, the Council can overturn a veto if six Councilmembers vote to re-enact the bill. Bill 38-20 amends transportation and school impact tax district designations and the impact tax rates that apply in these districts. Bill 38-20 also modifies the applicability of development impact tax exemptions for certain uses and in certain locations, and generally amends the law governing transportation and school development impact taxes. Councilmember Sidney Katz, who served as Council president when the bill was introduced, is the lead sponsor, at the request of the Planning Board.
The Council staff report can be viewed here.
#ImpactTax is being used for this bill on social media.
Resolution to Establish Utilization Premium Payment Rates for Public School Improvements
The Council will review and vote on a resolution to establish utilization premium payment rates for public school improvements. The Council recommendations reflect the creation of three utilization thresholds at which a utilization premium payment will apply. In any school service area with a utilization rate of 105 percent up to a utilization rate of 120 percent, a utilization premium payment equal to 40 percent of the portion of the applicable impact tax for the inadequate school level will apply. In any school service area with a utilization rate of 120 percent up to a utilization rate of 135 percent, a utilization premium payment equal to 80 percent of the portion of the applicable impact tax for the inadequate school level will apply. In any school service area with a utilization rate of 135 percent or higher, a utilization premium payment equal to 120 percent of the portion of the applicable impact tax for the inadequate school level will apply.
The Council staff report can be viewed here.
Special appropriation to the County Government’s FY21 Operating Budget - Department of Health and Human Services - $312,455 for Children, Youth, and Family Services - Therapeutic Recreation Services for School-Age Youth
The Council will vote on a special appropriation for $312,455 for Children, Youth and Family Services. This special appropriation is sponsored by Councilmembers Will Jawando and Hans Riemer. This special appropriation would provide therapeutic recreation services for school-age youth and is proposed as part of a package of appropriations and legislation related to prohibiting the placement of School Resource Officers (SROs) in school buildings.
The Council staff report can be viewed here.
Special appropriation to the County Government’s FY21 Operating Budget - Department of Recreation, $406,000 for Youth Development - After School Youth Support and Engagement Hubs (Source of Funds: General Fund Reserves); and Amendment to FY21 Operating Budget Resolution Section G, FY21 Designation of Entities for Non-Competitive Contract Award Status: Montgomery Collaboration Council for Children, Youth, and Families
The Council will vote on a special appropriation for $406,000 for youth development. This special appropriation is part of the same package identified above, which is sponsored by Councilmembers Will Jawando and Hans Riemer. This special appropriation would provide structured, positive youth development and social and emotional learning services for vulnerable County youth targeted at specific needs identified by their school community.
The Council staff report can be viewed here.
Supplemental appropriation to the County Government’s FY21 Capital Budget and Amendment to the FY21-26 Capital Improvements Program, Department of Health and Human Services - $1,000,000 for Emergency Homeless Shelter
The Council will vote on a supplemental appropriation for $1 million to the Department of Health and Human Services. COVID-19 has changed the requirements for providing emergency shelter for residents. There is a need to provide adequate space for social distancing for sleeping, eating and common program areas. The County is also sustaining its shelter capacity year-round as opposed to closing some shelter spaces outside of the winter overflow months of Nov. through March to make shelter available during the pandemic.
The Council staff report can be viewed here.
Sectional map Amendment (SMA) H-137, a comprehensive rezoning application to implement the zoning recommendations contained in the Approved and Adopted Forest Glen/Montgomery Hills Sector Plan
The Council is scheduled to vote on a corrected SMA for the Forest Glen/Montgomery Hills Sector Plan which was filed on Aug. 21 by the Montgomery County Planning Board. the Council held a public hearing on SMA H-137 on Nov. 10. There was no testimony at that time. One letter was received in support of the SMA. The SMA application covers approximately 230 acres. Approximately 64 acres of underlying zoning are proposed for a change in zoning classification. The remaining 165 acres are to be reconfirmed in the existing zoning classifications.
The Council staff report can be viewed here.
The following public hearings will be held at 1:30 p.m.:
Bill 45-20, Police - Community Policing - Data
The Council will conduct a public hearing on Bill 45-20, which aims to ensure greater transparency in the Montgomery County Police Department (MCPD) and to create publicly available data related to the race, ethnicity, gender and other voluntarily provided information about residents involved in policing actions. Councilmembers Will Jawando, Nancy Navarro, Council Vice President Gabe Albornoz, Council President Tom Hucker and Sidney Katz are the lead sponsors. Councilmember Hans Riemer is a cosponsor. Bill 45-20 would require MCPD to report to the Council by Feb. 1 of each year on a variety of data points including the demographic makeup of the department; the number of instances of use of force that resulted in an injury when the injury occurred as a direct result of an officer’s actions; the number of civilian complaints about the use of force by an officer; the number of civilian complaints regarding discrimination and harassment; and demographic information about residents stopped (including a stop and frisk that does not result in an arrest), among others. It would further require MCPD to collect and report race and ethnicity data for every dataset it maintains internally and posts on its web portal; to maintain data sets, including race and ethnicity data, about use of force incidents, criminal citations and juvenile citations, among others; and to provide the above information to the Policing Advisory Commission. A Public Safety (PS) Committee meeting is tentatively scheduled for Jan. 21, 2021.
The Council staff report can be viewed here.
#OpenPoliceData and #OpenPoliceDataMoCo are being used for this bill on social media.
Special Appropriation to the County Government’s FY21 Operating Budget, Community Engagement Cluster, Community Engagement Cluster, Support for COVID-19 Response - $1,250,000 for Winterization for Streeteries
The Council will conduct a public hearing and vote on a $1.25 million special appropriation to assist streeteries and officially designated outdoor dining areas in providing safe, outdoor seating for residents. The Regional Services Centers would implement the funding in each district where a streetery is either using part of the County’s right of way or partnering with the County to assemble the outdoor space. This appropriation is led by Councilmember Andrew Friedson, Council President Tom Hucker and Councilmembers Nancy Navarro and Craig Rice. It is cosponsored by Councilmember Hans Riemer.
The Council staff report can be viewed here.
Expedited Bill 48-20, Human Rights and Civil Liberties - Building Maintenance Worker - Minimum Work Week - Effective Date
The Council will conduct a public hearing and vote on Expedited Bill 48-20, which would delay the effective date of Bill 12-19 from Jan. 1, 2021 to Jan. 1, 2022. See above for more information.
Resolution to Establish Utilization Premium Payment Rates for Public School Improvements
The Council will receive public testimony on a resolution to establish utilization premium payment rates for public school improvements. See above for more information. The Council staff report can be viewed here.
Special Appropriation to the County Government’s FY21 Operating Budget, Department of Health and Human Services - $225,095 for COVID Response to Organizations Serving People with Intellectual and Developmental Disabilities
The Council will receive public testimony on a special appropriation of $225,095 for COVID-19 response to organizations serving people with intellectual and developmental disabilities. COVID-19 can spread easily in congregate settings if people are not trained and do not have the personal protective equipment (PPE) to protect people from the virus. Organizations that provide residential living programs for people with intellectual and/or developmental disabilities need support to properly protect both residents and staff from COVID. The County has contracted with the Primary Care Coalition to provide organizations with technical assistance and access to PPE using CARES Act funding. The funding ends Dec. 30, 2020. This support needs to continue and expand, which requires additional funds through this special appropriation.
The Council staff report can be viewed here.
Special Appropriate to the County Government’s FY21 Operating Budget - $801,912.50 for Board of Elections Center for Tech and Civic Life
The Council will hold a public hearing and vote on a special appropriation to the budget for the Montgomery County Board of Elections for the purpose of planning and operationalizing safe and secure election administration. The source of funds is a grant from the Center for Tech and Civic Life. The Council staff report can be viewed here.
Commission on Redistricting
At 6:30 p.m. the Council will continue interviewing for the Commission on Redistricting. The Montgomery County Charter requires that the Council appoint a Commission on Redistricting that is composed of 11 registered voters who reside in the County. At least one member of the commission must reside in each Council district. No person holding an elected office can serve on the commission. By Nov. 15, 2021, the Commission on Redistricting must present a plan of Council districts together with a report explaining the plan to the Council. Within 30 days after receiving the plan, the Council must hold a public hearing on it. If within 90 days after presentation of the Commission’s plan no other law re-establishing the boundaries of the Council districts has been enacted, then the plan as submitted becomes law.
The Council staff report will be available here.
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