Corrected Release: Public hearing on Executive Order 122-20, COVID-19 Local Order on Thursday, Nov. 5

Public Hearing Notice: COVID-19 Local Order
Existing child care capacity limits would remain in effect in Montgomery County

ROCKVILLE, Md., Nov. 3, 2020—The Montgomery County Council will introduce, hold a public hearing, and vote on the following Executive Order beginning at 11 a.m. on Thursday, Nov. 5, 2020. The deadline to sign up to testify is Wednesday, Nov. 4 at 5 p.m. The Council has received a corrected Executive Order from County Executive Elrich that would maintain existing child care capacity limits in Montgomery County, instead of following the state to 100 percent child care capacity for child care providers.

The Council is scheduled to act on a Resolution approving Executive Order No. 122-20, 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, 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, COVID-19 Local Order – Amending and Restating Order dated September 29, 2020 would make the following clarifications or changes to the prior orders with a proposed effective date of Nov. 6, 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

• Permitted to open with only six people per room or game.

Food service establishments

• Clarifies that, absent a Late Night Alcohol Sales Permit, food service establishments may not sell or provide alcohol to anyone after 10 p.m., and that all alcohol must be collected from patrons by 10 p.m.
  
• Adds language requiring the collection of information to assist with contact tracing.
  
• Late Night Alcohol Sales Program
  
  • Opens the program to establishments that have not been cited or closed during the last 60 days for applications.
    
  • Clarifies automatic suspension language.
    
  • Amends the number of average days that trigger the suspension of the program from three days to seven days.

General housekeeping

• Updates State Executive Order numbers, County Executive Order numbers, dates, and references to other paragraphs in the Order.

Letter of approval section

• Provides deadlines by which to submit a request for a Letter of Approval and penalties for holding an event without a Letter of Approval.
  

Gatherings

• Prohibits gatherings of more than 25 people at all locations and venues.
• Social, community, recreational, and leisure gatherings may resume provided the following physical precautions are met and followed:
  
  • limited to one person or household per 200 sq. ft. or a maximum of 25 people, whichever number is lower; and
    
  • the size of the location and venue must accommodate applicable social distancing for the number of attendees.
    

Businesses, organizations, establishments and facilities that may be open at 25 percent occupancy

• Bowling alleys 
  
• Fitness centers
  
• Indoor food service establishments
  
• Museums and art galleries
  
• Personal services
  
• Retail establishments
  
• Religious facilities
  

Playgrounds

• Provides that playgrounds that cannot comply with the cleaning requirements as stated in the general operating requirements section must post notice that the playground is not cleaned on an hourly basis.
  

Sports

• Removes flag football as a high-risk sport.
  
• Adds that a gathering size can exceed 25 people solely to accommodate the presence of one parent or guardian per child participant.
  
• Clarifies that for outdoor sports only parents, guardians and immediate family are permitted to spectate.
  
• Adds that outdoor ice rinks would be permitted to open with the gathering restrictions mentioned above and after submitting a request for a Letter of Approval before reopening.

Effective date

The proposed effective date is Nov. 6, 2020 at 5 p.m.

Documents and information will be available at www.montgomerycountymd.gov/council.

NOTE: During the Covid-19 state of emergency, the public is not able to be physically present in the Council Hearing Room. Residents who would like to call in to testify at a Council public hearing need to preregister on the Council's web page at https://www.montgomerycountymd.gov/council/calendar.html . Once the public hearing sign up request form is submitted and the public hearing list is created, individuals will receive separate confirmation notifications that include the appropriate phone number to call for the public hearing.

Community members also have the option to provide audio, video and written testimony to the Council using a recently developed online testimony form on the Council's web page which can be found at https://www.montgomerycountymd.gov/COUNCIL/PHSignUp.html . The testimony provided with the online option carries the same weight as testimony given at a public hearing. Councilmembers consider all comments as part of their deliberations.

Comments and suggestions are welcome online at http://tinyurl.com/zrbwh5v; via email at county.council@montgomerycountymd.gov; by sending regular mail to County Council, 100 Maryland Ave., Rockville, MD 20850. For information or to express an opinion call 240-777-7900.

The meeting will be televised live by County Cable Montgomery (CCM) on Xfinity channels 6 and 996, RCN channels 6 and 1056; and FiOS channel 30. Also available live via streaming through the Council website at http://tinyurl.com/z9982v8, Facebook Live (@MontgomeryCountyMdCouncil or @ConcejodelCondadodeMontgomery), or YouTube (@MoCoCouncilMD).

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