For Immediate Release: Monday, November 9, 2020
Council also will receive an update on COVID-19 public health planning and recovery, introduce new zoning measures on building height in certain commercial residential zones and surface parking in residential zones and continue its review of the
2020-2024 Subdivision Staging Policy
The Council will meet virtually on Tuesday, Nov. 10 at 9 a.m. and will begin with the following proclamation presentations: recognizing Carbon Monoxide Awareness Month by Councilmember Craig Rice and County Executive Marc Elrich; honoring the Heroes of NIH and the FDA by Councilmember Hans Riemer and commemorating Veterans Day by Council President Sidney Katz and County Executive Marc Elrich.
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
Office of Inspector General Report of Investigation: DPS Inspectors Were Overpaid COVID Differential Pay, OIG Publication #OIG-21-06
The Office of Inspector General (OIG) released a Report of Investigation: DPS Inspectors Were Overpaid COVID Differential Pay on Nov. 6. Upon receiving the report, the Council called for immediate Executive action to stop improper differential pay and an independent investigation across Montgomery County Government. Megan Davey Limarzi will review and discuss her findings and recommendations with the Council and Chief Administrative Officer Richard Madaleno and other Executive staff. The Council's Nov. 6 statement can be found here.
The Council staff report can be viewed here.
Resolution to approve Executive Order No. 122-20 AM, COVID-19 Local Order – Amending and Restating Order dated September 29, 2020
The Montgomery County Council will introduce, hold a public hearing and vote on Executive Order 122-20 AM beginning at 11:30 a.m. The Council did not vote on Executive Order No. 122-20, COVID-19 Local Health Order on Nov. 5. Executive Order No. 122-20 AM clarifies that proposal.
The Council is scheduled to act on a Resolution approving Executive Order No. 122-20 AM, COVID-19 Local Order – Amending and Restating Order dated Sept. 29, 2020 sitting as the County Council. If the Council approves the Executive Order, the Council, sitting as the Board of Health, is scheduled to introduce, hold a public hearing, and act on a Board of Health regulation adopting Executive Order No. 122-20 AM, COVID-19 Local Order - Amending and Restating Order dated Sept. 29, 2020 as a Board of Health Regulation. If adopted, Executive Order No. 122-20 AM, COVID-19 Local Order- Amending and Restating Order dated Sept. 29, 2020 would make the following clarifications or changes to the prior orders with a proposed effective date of Nov. 10, 2020 at 5 p.m.
Child care
Must continue to follow the phase two child care capacity limits that are currently in effect for all child care providers in Montgomery County as stated in the Maryland Department of Education’s June 10, 2020 Child Care Operating Procedures. All applicable Code of Maryland Regulations regarding staff-child ratios must be followed.
Escape rooms
Food service establishments
General housekeeping
Letter of approval section
Gatherings
Businesses, organizations, establishments and facilities that may be open at 25 percent occupancy
Playgrounds
Sports
The Council staff report can be viewed 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.
Bill 35-20, Human Rights and Civil Liberties - Fair Criminal Record Screening Standards - Amendments
The Council is scheduled to vote on Bill 35-20, which would do the following: alter definitions regarding fair criminal record screening standards; prohibit certain inquiries regarding criminal records; prohibit consideration of certain arrests and convictions in employment decisions; and generally amend the law regarding criminal record screenings. Councilmember Will Jawando is the lead sponsor. The goal of this legislation is to help prevent workplace discrimination by preventing background checks prior to the extension of a conditional offer of employment and preventing inquiries into certain types of arrests and convictions. The Public Safety and Health and Human Services Committees recommend enactment with an amendment to specify that an employer may not consider a first misdemeanor conviction of second-degree assault.
The Council staff report can be viewed here.
Resolution to endorse a Maryland Economic Development Assistance Authority Fund loan for Supernus Pharmaceuticals, Inc.
Supernus Pharmaceuticals, Inc. is receiving a financial incentive of $800,000 through the Maryland Economic Development Authority Administration Fund (MEDAAF). This is in conjunction with a $500,000 incentive that the County has provided through the Economic Development Fund. This funding will provide for the relocation and retention of the company's business operations and 750 full-time employees in the County. Maryland requires a resolution of support from the local governing jurisdiction as a condition of the MEDAAF disbursement. Supernus is a specialty pharmaceutical company focused on developing products for the treatment of central nervous system diseases. The company will relocate from Gude Dr. in Rockville to Key West Ave. The new location will include headquarters operations, laboratories, scale-up manufacturing space and conference and training facilities. The expansion project will incur more than $18 million in capital expenditures and create 146 new jobs during the next five years with an expected average salary of $113,100.
The Council staff report can be viewed here.
Special Appropriation to the FY21 Capital Budget and Amendment to the FY21-26 Capital Improvements Program (CIP) - Montgomery County Public Schools - Major Capital Projects - Elementary (No. 652101) (South Lake ES) - $5,853,000
The Council will introduce a special appropriation of $5,853,000 to the FY21-26 Capital Improvements Program for Montgomery County Public Schools. This funding is necessary to accelerate the completion date for South Lake Elementary School, as requested by the Board of Education and recommended by the Council's Education and Culture Committee. A public hearing and Council action on this appropriation is scheduled for Dec. 1 at 1:30 p.m.
The Council staff report can be viewed here.
Special Appropriation to the FY21 Capital Budget and Amendment to the FY21-26 Capital Improvements Program - Montgomery County Public Schools - $3,000,000 for HVAC (Mechanical Systems) Replacement: MCPS (No. 816633)
The Council will introduce a special appropriation of $3 million to the FY21-26 Capital Improvements Program for Montgomery County Public Schools. This funding is needed for preliminary support for enhancements to the HVAC systems in schools to reduce the airborne concentration of SARS-Co V-2 to help reduce the risk of contracting COVID-19. A public hearing and Council action on this appropriation is scheduled for Dec. 1 at 1:30 p.m.
The Council staff report can be viewed here.
Amendments to the FY21-26 Capital Improvements Program - Montgomery County Public Schools
The Council will introduce Amendments to the FY21-26 Capital Improvements Program for Montgomery County Public Schools: Clarksburg Cluster Elementary School (ES) (Clarksburg Village Site #2); Clarksburg High School (HS) Addition (No. 116505); Kensington-Parkwood ES Addition - (P651505); S. Christa McAuliffe ES Addition - (P651502); Judith Resnick ES Addition - (P651507); Shady Grove Transportation Depot Replacement - (P651641; and Blair G. Ewing Center Relocation - (P651515). These CIP amendments are needed to address health, safety and aging infrastructure concerns.
The Council staff report can be viewed here.
Zoning Text Amendment (ZTA) 20-05, Commercial/Residential Zones - Additional Height
The Council will introduce ZTA 20-05, which would allow a maximum building height of 200 feet for certain properties in the Commercial/Residential (CR) zone under certain circumstances. Council Vice President Tom Hucker is the lead sponsor. The maximum building height in a CR zone is generally determined when the zone is placed on the official zoning map. There are properties very near Metrorail stations in the central business districts that are mapped with a maximum height of 145 feet but have abutting and confronting properties that are mapped with a building height of 200 feet. Under certain circumstances, ZTA 20-05 would allow an increase in building height up to 200 feet for those properties without going through a local map amendment process. The ZTA includes a sunset provision.
The Council staff report can be viewed here.
Zoning Text Amendment 20-06, Surface Parking - Residential Zones
The Council will introduce ZTA 20-06, which would allow the Planning Board approval of a site plan to supersede a special exception for surface parking in a residential zone at the option of the site plan applicant. In the absence of ZTA 20-06, a project involving a change to the commercial use that originally used special exception parking is subject to both site plan and special exception approval.
The Council staff report can be viewed here.
Planning Board Draft Amendment for the Mesrobian House: Amendment to the Master Plan for Historic Preservation
The Council will review and is scheduled to vote on a Planning Board draft amendment to the Master Plan for Historic Preservation, which is the County’s preservation planning document and which includes the list of all officially designated historic sites and districts. The amendment for the Mesrobian House was prepared at the request of the heirs of Mihran Mesrobian (owners of the property until 2020) and with the support of the present property owners. On July 23, 2020, the Planning Board held a public hearing, worksession and voted on the subject plan. As a result, the Board listed the property in the Locational Atlas & Index of Historic Sites and recommends amending the Master Plan for Historic Preservation to list the subject property as a Master Plan Historic Site.
The Council staff report can be viewed here.
2020-2024 Subdivision Staging Policy
The Council will continue its review of the County’s 2020-2024 Subdivision Staging Policy, which is one of the many ways that policymakers maintain and enhance Montgomery County's outstanding quality of life. The Subdivision Staging Policy is based on having sufficient infrastructure to support new development. It includes criteria and guidance for the administration of Montgomery County’s Adequate Public Facility Ordinance (APFO), which matches the timing of private development with the availability of public infrastructure. Every four years, recommendations for policy updates reflecting current growth patterns start with the Montgomery Planning Department, before being reviewed and approved by the Montgomery County Planning Board and the Council.
Council staff will summarize all of the Council straw-vote recommendations and provide an overview of the potential fiscal impacts of the straw votes. Staff will also cover two elements of the Utilization Premium Payment (UPP) that did not receive a straw vote.
There have been 11 committee meetings and five Council worksessions on the SSP. Final Council action is currently scheduled for Nov. 16.
The Council staff report can be viewed here. Fiscal impact data can be found starting on page two of the report.
Bill 37-20, Subdivision – Preliminary Plan – Adequate Public Facilities – Amendments
The Council will continue its review of Bill 37-20, which would require an applicant requesting an extension of an adequate public facilities determination to provide a new determination of school adequacy for any remaining unbuilt units under the school test in effect at the time of the Planning Board’s review. Council President Sidney Katz is the lead sponsor, at the request of the Planning Board.
The Council staff report can be viewed here.
#ValidityPeriod is being used for this bill on social media.
Bill 38-20, Taxation – Development Impact Taxes for Transportation and Public School Improvements – Amendments
The Council will continue its review of Bill 38-20, which would amend transportation and school impact tax district designations and the impact tax rates that apply in these districts. Bill 38-20 also would modify the applicability of development impact tax exemptions for certain uses and in certain locations, and generally amend the law governing transportation and school development impact taxes. Council President Sidney Katz 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
Expedited Bill 39-20, Taxation - Recordation Tax – Amendments
The Council will continue its review of Expedited Bill 39-20, which would increase the rate of the recordation tax levied under state law for certain transactions involving the transfer of property and would establish a partial exemption from the recordation tax for a first-time home buyer. Moreover, Bill 39-20 would amend the allocation of revenue received from the recordation tax to capital improvements for schools and to the Montgomery Housing Initiative Fund. Council President Sidney Katz is the lead sponsor, at the request of the Planning Board.
The Council staff report can be viewed here.
#RecordationTax is being used for this bill on social media
The following public hearings will be held at 1:30 p.m.:
Forest Glen/Montgomery Hills Sectional Map Amendment
The Council will hold a public hearing on Forest Glen/Montgomery Hills Sectional Map Amendment (SMA) H-137, which was filed by the Maryland-National Capital Park and Planning Commission. SMA H-137 is a comprehensive rezoning application to implement the zoning recommendations contained in the approved and adopted Forest Glen/Montgomery Hills Sector Plan. The Council staff report can be viewed here.
Zoning Text Amendment (ZTA) 20-03, Townhouse Living - Conditional Use Standards
The Council will hold a public hearing on ZTA 20-03, which would amend the standards for allowing townhouse dwelling units as a conditional use. Townhouses are allowed as a conditional use in the RE-1 (rural estate) and R200, R-90 and R-40 residential zones. Councilmember Hans Riemer is the lead sponsor. Conditional use approval allows a density of up to 15.7 townhouses per acre for developments, where all structures meet livability standards for accommodating disabled residents, including where all parking spaces are designed to have eight-foot access aisles. ZTA 20-03 would eliminate the requirement for public bus service abutting the site; increase allowed distance from recreation facilities to 1,500 feet; clarify that the distance to a Metro station is measured as a radius; and require an access aisle for one of every four parking spaces. A Planning, Housing and Economic Development (PHED) Committee meeting is tentatively scheduled for Nov. 30. The Council staff report can be viewed here.
Resolution to Amend Development Impact Tax Rates for Transportation and Public School Improvements
The Council will hold a public hearing on a resolution to amend development impact tax rates for transportation and public school improvements. In Oct., the Government Operations and Fiscal Policy (GO) Committee reviewed development impact taxes for schools and transportation and recordation tax amendments. The Council staff report, which identifies the recommended development impact tax rates for transportation and public school improvements for specified policy areas, can be viewed here.
Supplemental Appropriation to Montgomery College’s FY21 Current Fund Budget - $4,497,874 for CARES Act Higher Education Emergency Relief Fund
The Council will hold a public hearing and vote on a supplemental appropriation of nearly $4.5 million for the Higher Education Emergency Relief Fund Formula Grant. The source of funds is the Coronavirus Aid, Relief, and Economic Security (CARES) Act-Coronavirus Relief Fund. Montgomery College was awarded $10,995,749 in CARES Act funds for direct relief to students and institutional purposes related to COVID19 impacts, and $5,497,875 is allocated to provide emergency relief to students. In May, the Council approved a $1 million appropriation in CARES funding for institutional purposes. The College has requested approval to utilize the remaining $4,497,874 to support technology access for students, faculty and staff; student assessment, placement and advising; specialized equipment and technology for students needing disability support services; training faculty for structured remote teaching; and development of online and remote labs and activities. The Council staff report can be viewed here.
Special Appropriation to the County Government’s FY21 Operating Budget Children’s Opportunity Fund Non-Departmental Account (NDA) - $1,800,000 for COVID-19 Educational Enrichment and Equity Hubs and Amendment to FY21 Operating Budget Resolution 19-472 Section G, FY21 Designation of Entities for Non-Competitive Contract Award Status: Greater Washington Community Foundation
The Council will hold a public hearing and vote on a $1.8 million special appropriation for the Children’s Opportunity Fund and the Black and Brown Coalition for Educational Equity and Excellence to expand the number of Educational Equity and Enrichment (EEE) Hub sites. This funding will serve 500 children throughout the County during a 12-week period. Councilmember Craig Rice, who serves as chair of the Council’s Education and Culture Committee, initiated this funding, which is being sponsored by the full Council. The goal of the program is to provide supervision and virtual learning supports to mitigate the negative impact that distance learning challenges have on Black and brown students and those from low-income families. The Council staff report will be available here by Nov.10.
Special Appropriation to the County Government’s FY21 Operating Budget, Arts and Humanities Council of Montgomery County (AHCMC) NDA - $406,190 for Arts COVID-19 Relief Fund
The Council will hold a public hearing and vote on a $406,190 special appropriation to provide additional emergency grant funding to the Arts and Humanities COVID-19 Relief Fund so that all eligible organizations and individuals will receive equitable grant funding levels. The County will seek reimbursement from the federal and state government for any eligible costs. The Education and Culture (E&C) Committee recommends approval with an amendment to increase the special appropriation by $71,690 to total $406,190. Emergency relief funding will total $3,656,190 to ensure eligible arts organizations and artists receive equitable grant funding levels. The Council staff report can be viewed here.
Special Appropriation to the County Government’s FY21 Operating Budget, Office of the County Executive - $5,050,000 for Support for COVID-19 Response - Tourism Stabilization Grant Program; and Amendment to FY21 Operating Budget Resolution 19-472, Section G, Designation of Entities for Non-Competitive Contract Award Status: Conference and Visitors Bureau
The Council will hold a public hearing and vote on a $5,050,000 special appropriation to create the Tourism Stabilization Grant Program. This grant program will be administered by the Office of the County Executive and provide grants to eligible non-profit organizations in the tourism industry and fund an accreditation program through Visit Montgomery. The Council staff report can be viewed here.
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Release ID: 20-444