For Immediate Release: Monday, November 30, 2020
Also on Dec. 1: Council to vote on bill requiring racial equity and social justice impact statements for zoning measures and funding to accelerate the completion date of South Lake Elementary School; supplemental funding to winterize streeteries will be introduced
The Council will meet virtually on Tuesday, Dec. 1 at 9:30 a.m. and will begin with the following proclamation presentations: recognizing World AIDS Day by Councilmember Gabe Albornoz, Councilmember Evan Glass, Councilmember Craig Rice and representatives from Montgomery County’s Department of Health and Human Services; celebrating the 40-year anniversary of the Agricultural Reserve by Councilmembers Andrew Friedson, Craig Rice and Nancy Navarro and recognizing Rosa Parks 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
Election of Council Officers
The Montgomery County Council will elect new officers to one-year terms at 10 a.m. Councilmember Sidney Katz will complete his one-year term serving as Council president, and Councilmember Tom Hucker will complete his one-year term serving as vice president.
Bill 44-20, Human Rights and Civil Liberties - Racial Equity and Social Justice Advisory Committee - Members – Amendments
The Council is scheduled to vote on Bill 44-20, which would require the Office of Legislative Oversight (OLO) to submit a racial equity and social justice impact statement for each zoning text amendment. Councilmember Nancy Navarro is the lead sponsor. All other Councilmembers are cosponsors. Bill 44-20 also would add two additional public members to the Racial Equity and Social Justice Advisory Committee and authorize the County Executive to establish one or more task forces to study and make recommendations on specified racial equity and social justice issues.
In November 2019, the Council unanimously approved the Racial Equity and Social Justice Act after conducting numerous community conversations and reviewing the analysis of the Council’s Office of Legislative Oversight. This seminal legislation was spearheaded by Councilmember Navarro.
The Racial Equity and Social Justice Act created an official program for Montgomery County government, under the oversight of the newly created Office of Racial Equity and Social Justice. It requires each County department and office to develop a racial equity and social justice action plan, and requires that legislation, public policy initiatives and government programs, supported by budget requests, include a racial equity and social justice impact statement. It also established a Racial Equity and Social Justice Advisory Committee that would include members of the public.
Finally, it required the Montgomery County Planning Board to consider racial equity and social justice issues when preparing master plans for submission to the Council. These plans include recommendations for land uses, transportation and public facilities such as schools, libraries, community and recreation centers, parks and fire and police stations.
The Council staff report can be viewed here.
#EquityMattersInMoCo and #LandUseEquity are being used for this bill on social media.
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.
Annual Meeting with Commission on Health
The Council will hold its annual meeting with the Commission on Health. The Commission will provide the Council with its statement of priorities, including school health and a safe return to the classroom, public health data and modernizing the public health approach by using new technology, communicable diseases and racial equity. The functions of the Commission on Health include advising the County Executive and the Council by periodically reviewing public health programs; commenting on gaps, deficiencies or duplications in programs and services, including health disparities and inequities; reporting on the performance of County Department of Health and Human Services (DHHS) programs and actions needed to improve programs; commenting on funding for public health programs; and advising on health planning based on health status data. The following individuals are expected to attend the meeting: Desiree de la Torre, chair, Commission on Health; Christopher Burt, vice chair, Commission on Health; and Vanessa Kachipande, DHHS program manager, Commission on Health.
The Council staff report can be viewed here.
The Council will introduce the following bills:
Bill 47-20, Ethics, Ethics Commission - Conflicts of Interest - Financial Disclosure - Amendments
The Council will introduce Bill 47-20, which would do the following: require employees to attend a public ethics training course; amend the law governing appeals of a decision by the Ethics Commission; amend the law governing the Ethics Commission’s resolution of complaints; modify the restrictions on a public employee’s participation in certain matters; repeal an exception to the restrictions on outside employment for an elected official; clarify an exception to soliciting or accepting certain small gifts; and modify the procedures for administering the financial disclosure process. The goal of this legislation is to increase transparency and ethical behavior among County employees. Council President Sidney Katz is the lead sponsor, at the request of the County Ethics Commission.
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 introduce 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.
Census
The Council will receive a briefing on the 2020 U.S. Census. Montgomery County finished the 2020 Census effort with a self-response rate of 78 percent, which was 1.9 percent above the self-response rate in 2010 and a key factor contributing to the State of Maryland finishing ninth overall in the nation. Diane Vu, director, Office of Community Partnerships (OCP), and Shawn Ellis, 2020 Census manager, OCP are expected to attend the meeting.
The Council staff report can be viewed here.
Community Use of Public Facilities
The Council will receive a briefing on the Community Use of Public Facilities (CUPF) Enterprise Fund. During the discussion of the FY21 CUPF operating budget, the Council identified the need to monitor CUPF revenue and expenditures during the fiscal year because of the impact of COVID-19 on community use revenues resulting from facility closures. In the spring, the Department was losing $1 million in revenue each month that public facilities were offline; however, whether public facilities would become available for public use and the extent to which concerns related to the pandemic would impact public demand for facility use was unknown. Councilmembers noted that the Council might need to intervene if revenue loss threatened the viability of operations. The individuals expected to attend the briefing include the following: Ramona Bell-Pearson, director, CUPF; Patricia Vitale, financial administrator, CUPF; and Deborah Lambert, Office of Management and Budget.
The Council staff report can be viewed here.
Special Appropriation to the County Government’s FY21 Operating Budget, Community Engagement Cluster, Support for COVID-19 Response - $1,250,000 for Winterization for Streeteries
Councilmember Andrew Friedson, Council President Katz, Council Vice President Hucker and Councilmembers Nancy Navarro and Craig Rice are sponsoring a $1.25 million special appropriation to provide winterization funding for streeteries in Montgomery County. As winter begins, streeteries must winterize the outdoor areas to provide heating and protection from the elements to maintain a level of business similar to what can be provided during warmer months. The ability to serve additional customers outside to comply with public health guidance related to the COVID-19 pandemic is essential for restaurants. 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.
The Council staff report can be found here.
Special Appropriation to the County Government’s FY21 Operating Budget $8,962,097 for Federal Coronavirus Relief Fund and Amendment to Resolution 19-498 Special Appropriation to the Fiscal Year 2020 Operating Budget Montgomery County Government Federal Coronavirus Relief Fund
The County Executive has transmitted a special appropriation request of more than $8.9 million in federal CARES funding to be allocated to the County Government COVID NDA. Based on current spending patterns and demands, the County Executive anticipates that this funding would be unspent in previously approved CARES-funded appropriations. As submitted, this appropriation would allow any unspent funding from eight previously approved appropriations to be spent on 25 types of County or municipal expenditures that were previously authorized. Council staff will present the Council will options for a more targeted approach to utilize any unspent CRF funding for consideration as part of the public hearing and action on this item, which is currently scheduled for Dec. 8. As part of the Dec. 1 CRF update, Council staff will ask that staff overseeing the implementation of the eight appropriations with potentially unspent funds to discuss the spending patterns, demands and projections through Dec. 30.
The Council staff report includes a chart of the estimated funds that remain to be spent by category and can be found here.
Amendment to Resolution 19-646; Office of the County Executive; COVID-19 Response: Tourism Grant Program
Council Vice President Tom Hucker and Councilmember Andrew Friedson are sponsoring a resolution to allow for-profit businesses to apply for the Tourism Stabilization Grant Program and clarify that COVID-related grants or funding does not qualify as public sector operating support. This change aligns with the current application language on the County’s website.
The Council staff report can be found 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 Developmental Disabilities
The Council will introduce a $225,095 special appropriation to continue to expand technical assistance and support to organizations providing direct services to people with intellectual or developmental disabilities to help prevent the spread of COVID-19. The program teaches staff about infection control, the proper fit and use of personal protective equipment (PPE), helps organizations get access to PPE and has developed testing protocols. It will also assist with vaccine deployment once vaccines become available.
The Council staff report will be available by Dec. 1 here.
The following public hearings will be held at 1:30 p.m.:
Zoning Text Amendment 20-04, Farming Defined – Accessory Mulching and Composting
The Council will hold a public hearing on Zoning Text Amendment (ZTA) 20-04, which would allow an increase in the percentage of off-site material that can be used in accessory composting and mulching uses from 20 to 50 percent. The goal of this zoning change is to allow the agricultural industry to use more yard and food waste. Councilmembers Evan Glass spearheaded ZTA 20-04, and Councilmembers Andrew Friedson and Nancy Navarro are co-leading this effort. Councilmembers Hans Riemer, Gabe Albornoz and Will Jawando are co-sponsors. The Council staff report can be viewed here.
Resolution to approve Disposition of a certain portion of the Oaks Landfill, located at 6010 Riggs Road, Gaithersburg
The Council will hold a public hearing on a resolution to approve the disposition of a certain portion of the Oaks Landfill, which is located at 6010 Riggs Road in Gaithersburg. The County Executive is proposing to transfer property totaling 16 acres via a 20-year, long-term lease at the Oaks landfill to a private entity for the purpose of constructing and operating a six-megawatt (MW) community solar power generation facility and providing power to the County and to low- and moderate-income households. The Oaks Landfill encompasses a total of 545 acres, including a capped footprint of 170 acres (where the proposed transfer of 16 acres is located). Ameresco is the selected vendor and will finance, design, construct, own and operate the facilities. The Council staff report can be viewed here.
Supplemental appropriation to Montgomery College’s FY21 Operating Budget - $1,361,801 for CARES Act Governor's Emergency Education Relief Fund
The Council will hold a public hearing and vote on a supplemental appropriation of $1,361,801 to the Fiscal Year 2021 (FY21) Operating Budget of Montgomery College for the CARES Act Governor’s Emergency Relief (GEER) Fund. Montgomery College plans to use the GEER funds to help residents whose employment has been impacted by COVID-19 pursue training, workforce development and continuing professional education programs that lead to industry-required certification or licensure. A majority of the funds will be used for direct student support such as scholarships for tuition and fees, student vouchers for instruction materials, technology, testing fees and other employment-related costs. The remainder of the funds will be used for project personnel and other administrative costs. The Council staff report can be viewed here.
Supplemental appropriation to the County Government’s FY21 Operating Budget, Department of Correction and Rehabilitation - $543,000 for the Inmate Advisory Council Fund
The Council will hold a public hearing and vote on a supplemental appropriation of $543,000 to the Fiscal Year 2021 (FY21) Operating Budget of the Department of Correction and Rehabilitation. This appropriation would establish the Inmate Advisory Council Fund as a non-tax-supported special revenue fund. This increase is needed because, due to requirements in Governmental Accounting Standards Board (GASB) Statement 84, “Fiduciary Activities”, the existing fiduciary Inmate Advisory Council Fund must be dissolved and reestablished as a non-tax-supported special revenue fund. This supplemental appropriation establishes the Inmate Advisory Council Fund and provides expenditure authority as a non-tax supported fund. The Council staff report can be viewed here.
Special appropriation to Montgomery County Public Schools’ FY21 Operating Budget - $750,000 for Restorative Justice Training for School Staff
The Council will hold a public hearing on a special appropriation for $750,000 for Montgomery County Public Schools. Councilmembers Will Jawando and Hans Riemer are proposing a package of appropriations and legislation to invest in mental health professionals and restorative justice while prohibiting the Montgomery County Police Department from placing school resource officers (SROs) in school buildings. This special appropriation would provide restorative justice training for teachers and staff in Montgomery County Public Schools. 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 hold a public hearing on a special appropriation for $312,455 for Children, Youth and Family Services. 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 therapeutic recreation services for school-age youth. 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 hold a public hearing 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.
Special appropriation to the FY21 Capital Budget and Amendment to the FY21-26 Capital Improvements Program, Montgomery County Public Schools - Major Capital Projects - Elementary (No. 652101) (South Lake ES) - $5,853,000
The Council will hold a public hearing and vote on 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. 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 – HVAC (Mechanical Systems) Replacement: MCPS (No. 816633) - $3,000,000
The Council will hold a public hearing and vote on 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 coronavirus to help reduce the risk of contracting COVID-19. The Council staff report can be viewed here.
Amendments to the FY21-26 Capital Improvements Program - Montgomery County Public Schools:
The Council will hold a public hearing and vote on Amendments to the FY21-26 Capital Improvements Program (CIP) for Montgomery County Public Schools. These CIP amendments are needed to address health, safety and aging infrastructure concerns. 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 hold a public hearing and 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.
Special Appropriation to the County Government’s FY21 Operating Budget, Department of Housing and Community Affairs (DHCA) - $3,473,228 for COVID-19 Response: Maryland State CDBG-CV HUD CPD Funding
The Council will hold a public hearing and vote on a special appropriation of $3,473,228 to the Department of Housing and Community Affairs’ FY21 Operating Budget for COVID-19 response. The COVID-19 public health crisis has resulted in the total or partial loss of income for many households. Montgomery County has received additional federal CARES Act Community Development Block Grant-CV (CDBG-CV) funds through the State of Maryland that will be used for rent assistance for households with incomes of 60 percent of area median income or less who are at risk of eviction from the loss of income due to COVID-19. The Council staff report can be viewed here.
Special Appropriation to the County Government’s FY21 Operating Budget, DHCA -$4,227,565 for COVID-19 Response: CDBG-CV HUD CPD Funding
The Council will hold a public hearing and vote on a special appropriation of $4,227,565 to the Department of Housing and Community Affairs’ FY21 Operating Budget for COVID-19 response. Montgomery County has received additional federal CARES Act Community Development Block Grant-CV (CDBG-CV) funds to be used for financial assistance and emergency shelter support for people facing financial hardships because of the COVID-19 health crisis. The Council staff report can be viewed here.
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Release ID: 20-466