Montgomery County Council Meets on Feb. 13 to Appoint Advisory Commission on Policing Members and Vote on Zoning Measures to Streamline Certain Regulatory Processes for Businesses and Legislation to Increase Access to Affordable Housing through the Right

For Immediate Release: Monday, February 12, 2024

Also on Feb. 13: New legislation to be introduced that would align operating hours for hookah lounges and smoke and vape shops with establishments where alcohol is consumed to promote public safety and to create Community Reinvestment and Repair Fund Commission

The Montgomery County Council will meet on Tuesday, Feb. 13 at 1:15 p.m. The meeting will begin with a proclamation presentation, led by Councilmember Sidney Katz and County Executive Elrich, recognizing Teen Dating Violence Prevention Month.

The ad hoc Executive Director Recruitment Committee is scheduled to meet in a proposed closed session at 10:30 a.m. under Maryland Code, General Provisions Article, Section 3-305(b)(1)(i). The topic is the appointment of an employee over whom the Council has jurisdiction.

More detail on each agenda item is provided below.

Public Hearings

Unless otherwise noted, the Council will hold the following hybrid public hearings at 1:30 p.m. Residents can visit the Council website to learn about the multiple ways to provide testimony .

Bill 3-24, Late Night Establishments – Hours of Operation

Introduction: Lead sponsors Council Vice President Kate Stewart and Councilmembers Gabe Albornoz and Evan Glass will introduce Bill 3-24, Late Night Establishments – Hours of Operation, which would define a hookah lounge, set restrictions on the operating hours for certain late-night establishments and establish penalties for a violation. The legislation would align the hours of operation for hookah lounges, smoke shops and vape shops to mirror those for establishments where alcohol is consumed.

Bill 3-24 is intended to address public safety issues. There has been an increase in the number of arrests, police presence in central business districts and excess overtime expenditures for the Montgomery County Police Department.

Councilmembers Dawn Luedtke, Katz, Natali Fani-González, Marilyn Balcombe and President Andrew Friedson are cosponsors of Bill 3-24. A public hearing is scheduled for March 5.

Bill 4-24, Community Reinvestment and Repair Fund Commission – Established

Introduction: Lead sponsors Councilmembers Kristin Mink, Laurie-Anne Sayles and Will Jawando will introduce Bill 4-24, Community Reinvestment and Repair Fund Commission – Established. Bill 4-24 would establish a Montgomery County Community Reinvestment and Repair Fund Commission, prescribe the membership and duties of the commission, provide for the staffing of the commission, and specify the purposes for which funds received from the state Community Reinvestment and Repair Fund may be used.

Under Maryland law, the County is required to adopt a law specifying the uses for which state Community Reinvestment and Repair Funds may be used in the County. The purpose of Bill 4-24 is, in part, to fulfill this state mandate. The bill would also establish a commission to advise the County on uses of the fund and to recommend community-based grants.

Council President Friedson and Councilmembers Katz, Fani-González, Albornoz and Vice President Stewart are cosponsors of Bill 4-24. A public hearing is scheduled for March 5.

Vote expected: The Council is expected to vote on Expedited Bill 38-23, Tenant Displacement – Right of First Refusal to Buy Rental Housing – Amendments and Executive Regulation. Bill 38-23 would amend the County Code to allow the County Executive to designate a qualified entity that may exercise the right of first refusal. The purpose of the bill is to increase access to affordable housing and enable the County to more effectively evaluate and exercise the right of first refusal on the purchase of rental housing by delegating the ability to qualified entities.

The Planning, Housing and Parks (PHP) Committee recommends enactment with amendments. The lead sponsor is the Council president, at the request of the County Executive.

Resolution to appoint members to the Advisory Commission on Policing

Vote expected: The Council is expected to vote on a resolution to appoint members to the Advisory Commission on Policing (ACP). The Council conducted three panel interviews with 13 candidates on Jan. 30, 2024. The commission is responsible for advising the Council on policing matters, recommending legislation or regulation for the Council’s consideration, conducting public outreach for community input and accepting community feedback. The commission consists of 11 public members nominated by the Council, with each Councilmember nominating one member.

In addition, the County Executive nominates one youth member (25 years of age or younger) and one young adult member (26 to 35 years of age). The ACP also has two institutional members. All members must be appointed by the Council, and each member must represent either an individual or a community organization that works within the County.

Commission members serve three-year terms without compensation but are eligible for mileage reimbursement and dependent care costs at rates established by the County. The commission must meet as often as necessary to perform its duties, but not less than six times per year. By July 1, the commission must submit an annual report to the Executive and Council detailing its functions, activities, accomplishments and plans.

District Council Session

Zoning Text Amendment (ZTA) 23-11, Regulatory Approvals – Conditional Use

Vote expected: The Council is expected to vote on Zoning Text Amendment (ZTA) 23-11, Regulatory Approvals – Conditional Use, which would streamline the Office of Zoning and Administrative Hearing’s (OZAH) processes. The goal of this zoning measure is to facilitate a more streamlined process for certain retail service establishments, home health, family day care and other home-based businesses to help promote the creation and expansion of small businesses. The lead sponsor of ZTA 23-11 is Council President Friedson. The PHP Committee recommends enactment with amendments.

Vote expected: The Council is expected to vote on Subdivision Regulation Amendment (SRA) 23-02, Preliminary Plan – Approval Procedures, which would allow concurrent review of a preliminary plan and conditional use application. The preliminary plan approval will be a conditional approval, contingent on the approval of the conditional use.

This SRA, which is a companion measure to ZTA 23-11, would simplify the review process conducted by OZAH for any development projects requiring a preliminary plan, which includes large development projects and subdivisions. The lead sponsor of SRA 23-02 is Council President Friedson. The PHP Committee recommends enactment.

Consent Calendar

Each item on the Council’s Consent Calendar can be found on the Council agenda, which is available on the Council website .

Ad Hoc Committee on Executive Director Recruitment

Proposed Closed Session: The ad hoc committee on Executive Director Recruitment intends to meet in closed session to discuss the appointment, employment, assignment, promotion, discipline, demotion, compensation, removal, resignation or performance evaluation of appointees, employees, or officials over whom it has jurisdiction, under Maryland Code, General Provisions Article §3-305(b)(1)(i). The topic is the appointment of an employee over whom the Council has jurisdiction.

The purpose of this ad hoc Council committee is to evaluate the role and responsibilities of the Council’s executive director position and make decisions about the recruitment process. The work of this temporary committee coincides with Council Executive Director Marlene Michaelson’s decision to leave her post in 2024.

The Council meeting schedule may change from time to time. View the current Council and Committee agendas, Council staff reports and additional information on items scheduled for Council review on the Council website .

Council and committee meetings are 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, Fios 30, and on the CCM live stream .

Release ID: 24-056
Media Contact: 240-777-7926, 240-777-7884

For updates and link to press release, see here: http://www2.montgomerycountymd.gov/mcgportalapps/Press_Detail.aspx?Item_ID=44762