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Record of Proceedings

Montgomery County PHP Committee Work Session - 2026-10-26

County Council & Committees — Monday, October 26, 2026
BodyMontgomery County, Maryland
SessionCounty Council & Committees
DateMonday, October 26, 2026
StatusNEW · FILED
Video Record
0:00 / 2:08:04

Original source
Transcript — VerbatimClick a timed line to jump · ⧉ to share it

Speaker numbers apply only to this recording. Names come from transcript evidence. “Possibly” marks uncertain attribution.

Unassigned speaker

4:30

And also, and also, and also, and also, and also, and also, and also, and also, and also,

Speaker 1

11:16

I don't know, it's just a little sticky.

Speaker 2

11:18

Good afternoon.

11:19

It is uh October twenty sixth at one thirty.

11:22

We're here for a planning housing and parks committee work session.

11:26

We have a number of items on our agenda.

11:28

We are going to get to the legislation here in a minute, but we are going to start with the the burial sites, context study briefing.

11:38

I'm going to call up Miss Dunn and Council staff and call up our colleagues at the planning department.

11:45

And just want to express my appreciation for this important work.

11:50

We have a presentation that will come to the council and uh did uh

Unassigned speaker

11:55

want

Speaker 2

11:55

to give you a moment to get set

Unassigned speaker

11:57

up

Speaker 2

11:58

and then we can get into it.

12:00

I'll start with you, Ms.

12:01

Dunn, if you have any introductory comments.

Speaker 3

12:04

Um I'll just provide you with just a brief setting for this.

12:06

Um, as part of the work program, the planning department is looking to um have an amendment to the master plan for historic preservation that would include burial sites.

12:15

And so they're coming to the committee, give you a briefing on sort on the work that they've had done so far.

12:21

They've had a consultant survey help them with the work that they've done up to date.

12:26

Um, and it's to provide an opportunity for the committee to weigh in on any questions or comments you may have related um to what they're doing to prepare for their amendment to the master plan for historic preservation.

Speaker 2

12:37

Well, I appreciate it.

12:38

Uh, before we turn to plan, I just want to note uh this started with legislation in 2017 by my predecessor, Roger Berliner, so just wanted to acknowledge uh him and that important uh work, Craig Rice and George Leventhal were involved in that as well.

12:53

So I wanted to appreciate their joint effort in pushing for this, and uh mostly Eileen Magakian, who

Unassigned speaker

13:01

uh

Speaker 2

13:01

is well known in uh historic and preservation circles, is really the primary champion and advocate for uh this effort, and I think deserves a lot of credit as well as Ms.

13:14

Bollow and the team at planning for actually executing and carrying this out, but it is uh really important work.

13:21

And uh just to give uh some context to the why, uh, that's the how we got here.

13:27

Um, Wesleyan Cemetery on Piney Meeting House is an issue that my office and I have been working on for several years now, working collaboratively with uh descendants and the property owner and county government.

13:42

Uh, this is a really complicated and frustrating issue in 1975.

13:47

This land was sold at auction unknowingly to a property owner who had no idea that it was actually a former church site and the home of a black cemetery.

13:58

And ultimately that was not known until a bulldozer was gonna clean up the property and get it ready for sale, and the neighbors stopped the bulldozer, and ultimately for decades it's been sitting there, and the property owner has paid the property taxes on something that shouldn't have

Unassigned speaker

14:18

been

Speaker 2

14:18

taxed in the first place.

14:20

Uh was mischaracterized paperwork error or issue that happened that nobody really knows how or or why.

14:29

And here we are, we now have Department of Transportation has a right of way and an easement that goes through the center of the cemetery, so even putting up a fence is a question and a challenge within the right of way, which we're working on now.

14:45

A property owner who wants to do right by the descendants, needs to figure

Unassigned speaker

14:50

out

Speaker 2

14:50

how to handle it, and is uh working closely with them that this is a unique case in a positive way where actually the property owner is working with the descendants and has acknowledged uh the challenge.

15:02

Everybody wants to do the right thing, but the right thing is hard uh to do, it's not necessarily the easiest uh thing to do.

15:09

I only note that to say had there been this project in 1975, this wouldn't have gone to tax sale, and we wouldn't be in this predicament that we are in now more than 50 years later.

15:24

It really speaks to uh the real life importance of this work.

15:29

This isn't simply to know our history, although that in and of itself is important enough to know where we're going by understanding where we've been and how we've gotten here.

15:37

These

Unassigned speaker

15:38

are

Speaker 2

15:39

sanctified sites, not just for families, but for communities.

15:44

Uh, but they also have a real impact on the decisions that we make now.

15:47

So I just wanted to give that as some context.

15:50

We all have stories of uh different communities and families that we're working on.

15:54

There are dozens and dozens and dozens and dozens of examples of these, unfortunately, and uh hopefully this important project will help us to not only acknowledge the mistakes or sometimes intentional decisions of the past, uh, but also to avoid repeating them in the future.

16:13

With that, let

Unassigned speaker

16:14

me

Speaker 2

16:14

turn it to planning and uh really appreciate your work and look forward to your presentation.

Speaker 4

16:19

Thank you.

16:20

Good morning, Council members.

16:22

For the record, Rebecca Ballow, division chief historic preservation.

16:25

I'm joined by Dr.

16:26

Brian Crane.

16:27

He's our archaeologist in the historic preservation division with the planning department.

16:32

I'd also like to start um by thanking the PHP committee for um your time this morning.

Discussion Breakdown — Share of Meeting
Historic Preservation█████████████████████████████29%
Short Term Rental Regulation████████████████16%
Housing██████████████14%
Zoning Regulation████████████12%
Procedural█████5%
Accessory Dwelling Units█████5%
Community Engagement████4%
Public Safety████4%
Affordable Housing████4%
Summary of Proceedings

Montgomery County PHP Committee Work Session - 2026-10-26

The Planning, Housing, and Parks (PHP) Committee of the Montgomery County Council met on 2026-10-26 at 1:30 PM. The committee received a briefing on the Burial Sites Context Study and voted unanimously on three bills: Bill 40-26 (landlord payment methods), Bill 41-26 (ADU licensing and fees), and Bill 42-26 (short-term rental platform compliance).

Burial Sites Context Study Briefing

  • Planning Department staff (Rebecca Ballow and Dr. Brian Crane) presented a countywide, thematic master plan amendment for burial sites. The work is built on a consultant-led historic context study.
  • The county inventory comprises 347 burial sites: 261 known locations and 86 approximate sites. Staff discussed historical themes including enslaved persons' grounds, post-Civil War community cemeteries, and 18th-century family plots.
  • Councilmember Friedson stressed the real-world equity implications, citing the Wesleyan Cemetery case where a property was unknowingly sold at tax sale. He emphasized the need for plans addressing public, private, and right-of-way sites, as well as funding for fencing and markers.
  • Council President Fani-González urged outreach to Montgomery College to involve younger people. Councilmember Jawando asked about sites destroyed by development (over 30 are under pavement) and recommended partnering with Montgomery History for oral histories and consulting legacy funeral homes such as Snowden's.
  • Key Outcome: This was an information briefing. Staff will develop a scope of work and communications plan in early 2027, with master plan amendment work beginning in spring 2027.

Bill 40-26: Landlord-Tenant Relations - Accepted Forms of Payment

  • Sponsor Council President Fani-González proposed requiring landlords to accept certified checks and money orders and prohibiting the termination of tenant access to online payment portals.
  • Discussion: Councilmember Jawando suggested adding personal checks with protections against bounced checks, which the sponsor was open to exploring at full council. The committee adopted a DHCA amendment requiring written receipts within 5 business days for rent redemption and 15 days for other payments. A DHCA proposal for local payment offices was deferred to full council for further discussion.
  • Key Outcome: The bill passed unanimously (3-0) as amended on the receipt requirements.

Bill 41-26: Landlord-Tenant Relations - Licensing Procedures and Fees (Accessory Dwelling Units)

  • Sponsored by Councilmembers Friedson and Fani-González, the bill removes the owner-occupancy requirement for ADUs and waives licensing and permitting fees for units affordable to households earning 65% or less of Area Median Income for at least 10 years.
  • Discussion: An amendment by Councilmembers Jawando and Mink passed (3-0) limiting ADU licenses to two per owner (including affiliated entities to prevent circumvention) and requiring a County Executive report by December 2028. An amendment by Councilmember Sales to retain the owner-occupancy requirement was not moved.
  • Key Outcome: The bill passed unanimously (3-0) as amended.

Bill 42-26: Transient Lodging Facilities - Short-Term Residential Rental - Online Platform Compliance

  • Councilmember Evans presented her first authored bill to strengthen compliance for short-term rentals by regulating online platforms.
  • Discussion: The bill requires platforms to verify operator licenses before listing, prohibits transaction fees for unlicensed rentals, and mandates annual reporting to DHCA. An OIG report found approximately 85% of short-term rentals were unlicensed. The committee adopted an amendment to make the verification database publicly available. DHCA requested and was granted an effective date of July 1, 2027, for technical implementation.
  • Key Outcome: The bill passed unanimously (3-0) as amended.

Meeting Transcript

And also, and also, and also, and also, and also, and also, and also, and also, and also, I don't know, it's just a little sticky. Good afternoon. It is uh October twenty sixth at one thirty. We're here for a planning housing and parks committee work session. We have a number of items on our agenda. We are going to get to the legislation here in a minute, but we are going to start with the the burial sites, context study briefing. I'm going to call up Miss Dunn and Council staff and call up our colleagues at the planning department. And just want to express my appreciation for this important work. We have a presentation that will come to the council and uh did uh want to give you a moment to get set up and then we can get into it. I'll start with you, Ms. Dunn, if you have any introductory comments. Um I'll just provide you with just a brief setting for this. Um, as part of the work program, the planning department is looking to um have an amendment to the master plan for historic preservation that would include burial sites. And so they're coming to the committee, give you a briefing on sort on the work that they've had done so far. They've had a consultant survey help them with the work that they've done up to date. Um, and it's to provide an opportunity for the committee to weigh in on any questions or comments you may have related um to what they're doing to prepare for their amendment to the master plan for historic preservation. Well, I appreciate it. Uh, before we turn to plan, I just want to note uh this started with legislation in 2017 by my predecessor, Roger Berliner, so just wanted to acknowledge uh him and that important uh work, Craig Rice and George Leventhal were involved in that as well. So I wanted to appreciate their joint effort in pushing for this, and uh mostly Eileen Magakian, who uh is well known in uh historic and preservation circles, is really the primary champion and advocate for uh this effort, and I think deserves a lot of credit as well as Ms. Bollow and the team at planning for actually executing and carrying this out, but it is uh really important work. And uh just to give uh some context to the why, uh, that's the how we got here. Um, Wesleyan Cemetery on Piney Meeting House is an issue that my office and I have been working on for several years now, working collaboratively with uh descendants and the property owner and county government. Uh, this is a really complicated and frustrating issue in 1975. This land was sold at auction unknowingly to a property owner who had no idea that it was actually a former church site and the home of a black cemetery. And ultimately that was not known until a bulldozer was gonna clean up the property and get it ready for sale, and the neighbors stopped the bulldozer, and ultimately for decades it's been sitting there, and the property owner has paid the property taxes on something that shouldn't have been taxed in the first place. Uh was mischaracterized paperwork error or issue that happened that nobody really knows how or or why. And here we are, we now have Department of Transportation has a right of way and an easement that goes through the center of the cemetery, so even putting up a fence is a question and a challenge within the right of way, which we're working on now. A property owner who wants to do right by the descendants, needs to figure out how to handle it, and is uh working closely with them that this is a unique case in a positive way where actually the property owner is working with the descendants and has acknowledged uh the challenge. Everybody wants to do the right thing, but the right thing is hard uh to do, it's not necessarily the easiest uh thing to do. I only note that to say had there been this project in 1975, this wouldn't have gone to tax sale, and we wouldn't be in this predicament that we are in now more than 50 years later. It really speaks to uh the real life importance of this work. This isn't simply to know our history, although that in and of itself is important enough to know where we're going by understanding where we've been and how we've gotten here. These are sanctified sites, not just for families, but for communities. Uh, but they also have a real impact on the decisions that we make now. So I just wanted to give that as some context. We all have stories of uh different communities and families that we're working on. There are dozens and dozens and dozens and dozens of examples of these, unfortunately, and uh hopefully this important project will help us to not only acknowledge the mistakes or sometimes intentional decisions of the past, uh, but also to avoid repeating them in the future.

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