foreign to order this meeting of the committee of the whole of the Council of the District of Columbia I'm Phil Mendelson chairman of the council and chair of the committee of the whole this is an additional meeting of the committee the whole not a regularly scheduled one today is Tuesday November 1st 2022 the time is 12 21 in the afternoon uh this meeting is being conducted live in the council chambers room 500 of the Johnny Wilson building but also with some participation via the zoom video conference broadcast platform and this meeting can be watched by the public on Council Channel 13 live and I believe also live on the council website which is www.dccouncil.gov um as I said this is an additional meeting of the committee of the whole it will be followed by a legislative meeting which is the regular regularly scheduled legislative meeting for the council for the month of November We Begin our committee the whole meetings with calling the role to determine whether we have a quorum Mr Cash would you call the role chairman mendelsohn president councilmember Allen here councilmember bonds here councilmember Jay here councilmember Greg councilman gray councilmember Henderson here councilmember Lewis George councilman Lewis George councilmember McDuffie councilmer McDuffie council member Nadeau here councilmember Pinto president councilmember Silverman present councilmember Robert White president councilmember Tran White president Mr chairmania McCormick thank you Mr Cash uh we have five items from markup in the committee as a whole of the first is the Omnibus Bill 24-455 the um Omnibus uniform athlete agent college athlete name image or likeness Amendment Act of 2022. that name that I just said is slightly different than what's on the agenda because it includes the word uniform uh this legislation would regulate student athlete compensation for their name image and likeness and it would update the uniform athlete agents act which the council adopted over 20 years ago the committee print merges uh both of those uniform bills which were introduced as Bill 24-455 and Bill 24-456 into titles one and two respectively and the committee print also incorporates into Title II provisions of bill 24-445 concerning financial literacy had a one of the bill would enact the revised uniform athlete agents act with minor changes the uniform athlete agents Act was adopted by the council in 2001 and has been enacted in 40 States 40 States this title will not only protect educational institutions in the District of Columbia but also the student athletes that attend them as well further this title will provide uniform regulation to address issues arising from activities of agents who attempt to recruit student athletes in a manner that have previously had previously caused them to lose eligibility and damage promising professional careers Title II of the bill establishes a legal framework for permitting College athletes to receive compensation for their name image and likeness otherwise known as nil your name image and likeness writes and provides parameters on the types of activity that athletes May engage in this title prohibits illegal activity in specific categories of name image or likeness activity that are prohibited include and specific categories that are prohibited which includes Alcohol Tobacco steroids gambling Etc this title also allows institutions to adopt a policy to prevent name image or likeness activity that the institution determines would have an adverse impact on its reputation provided that the institution complies with the same policy with respect to the institution's sponsorships this title also contains several permissible actions however a lack of a comprehensive list of all permissible institution activity should not be construed that the institution is limited to only listed actions title 2 also includes a provision from Bill taken from Bill 24-445 it requires educational institutions and athletic associations and conferences to educate College athletes about and name image and likeness compensation and contracts by offering financial literacy and life skills programming the committee believes financial literacy is an important part of education and critical to student athletes who may earn a significant income from their name image and likeness pill 24-445 from which the financial literacy Provisions are taken was introduced on October 14 2021 by councilmember Henderson and five other joined by five other council members Bill 24-455's uniform athletes agent act Amendment Act was introduced on October 19th at the request of the uniformed law Commission and Bill 24456 was also introduced on October 19th at the request of the uniform law Commission the Community Hall held a hearing under three bills on September 28 2022. I think it's fair to say that there was no comment or testimony in opposition to the bill but there was quite a bit of discussion about the three bills and preferred definitions and so forth I moved the print would leave for staff to make Technical and conforming changes is their discussion councilmember Allen uh thank you very much Mr chairman um I'm gonna just kind of raise the same thing we talked about in our breakfast meeting just to make sure it's on the record and look forward to working with you and your team um I agree that college athletes should be able to enter into nil deals um I think we all understand that's probably why you didn't have a whole lot of testimony against something like this is that is a long-standing Injustice allowing universities to create and rack up massive profits um based on the performance of student athletes a particular high profile black athletes um just to help drive that point home again when we think about NCAA football one of the most uh prominent spaces where they make so much money um they paid last year more than 100 million dollars to coaches and buyouts just for them not to coach uh they're on Pace for another 100 million dollars that they'll pay out to coaches to not coach um as they have fired coaches um it has a just massive inequity in it the one piece that I would like to just work with you to make sure we fully understand and again recognizing that this is uh uniform law so you're trying to create consistency across the states but one concern I have is just around um where a university is allowed to prohibit an nil agreement because the language says institution deter should the institution determine has an adverse impact on its reputation and I think that can be uh defined in many different ways in particular for example if there was a religious University that wanted to prohibit an athlete from an endorsement from Planned Parenthood as an example uh something where a student athlete may feel very strongly about one position and want to enter into an nil but the university doesn't but it's unclear about if that would actually impact reputation per se um so I just wanted to flag that Mr chairman around that one issue and look forward to working with you and your staff just to make sure that we have some clarity around it and if we need to or should tweak that a little bit happy to work with you between now and second reading thank you uh thank you Mr John you did raise it earlier I'm glad you're bringing it up here because I think the caliphery is helpful um the it's I believe section 6D is intended to prevent an institution from prohibiting so there are different ways of reading this what a student could do or what the institution may not do from the latter the section is intended to prevent an institution for prohibiting a college athlete from engaging in name image reluctance activity prevent an institution from prohibiting that um with a third party or a category of third parties if the institution engages in any sponsorship or endorsement activity with that third party or category of third parties the language itself is an institution May adopt a policy to prevent a college athlete from engaging in name image or likeness activity that is illegal or if the institution complies with the same policy with respect to the institution sponsorships and similar commercial activity the institution determines has an adverse impact on its reputed reputation an institution that adopts a policy under this subsection shall disclose the policy in the institution's rationale in a record maintained on the institution's website it is accessible by the public and electronically searchable so it can't just be that the institution says yeah this is going to damage my reputation don't want you to do it they actually have to have it in writing it's part of their policy and it can't be a double standard where you as an athlete can't involve an nil activity and get compensated for something that the university says no you can't while at the same time the University is doing the bills that we have follows uniform language but it does specify some specific uh prohibitions such as Alcohol Tobacco uh Firearms adult entertainment or a few others so I hope that clarifies and if you have additional concerns I'm happy to work with you between now and I can read him yeah absolutely I appreciate that Clarity there um I do still have a couple concerns so we can certainly work between first and second reading I think you know again this is putting restrictions into code and so um I obviously from the uh criminal code perspective which we talk about later I know when we have terms that are sometimes feel a bit vague or open to interpretation uh it could have an unintended consequence down the road so just want to make sure we look at that but again I appreciate appreciate that and the willingness uh thank you very much Mr chairman uh yeah so now I want to add that this is a uniform law and we tried to closely adhere to the uniform law commission's language which in some instances isn't the same as our own drafting format uh but as a result there is a lot there's a body of interpretive I'm going to put this body of inter interpretation that explains what do you know what former law commission intended like case law yep what wouldn't be case law it's uniform laws yes thank you so just like we have a bill coming up in which there's a lot of interpretive correct explanatory material that is helpful Mr chairman yes Mr McDuffie um I wanted to ask uh thank you and your team for working on this um given the significance of this nationally what we've seen in terms of the law lately but in terms of the hearing and the testimony and the participation by the public or people who might be impacted by this it were there any athletes any Sports agents any attorneys representing managing uh any industry experts associated with the hearing do we have any testimonial records about what the impact of this law is going to be I appreciate that it's a uniform law but I'm just curious uh well we had uh it was a hearing so it had the full 15 days and I think the notice was actually published in in the summer like August so there was the opportunity no there weren't um there were no athletes who testified there were a couple of individuals who were associated with uniform law commission but actually are very much involved in this business I recall one of the witnesses um I believe was from a university I want to say in one of the southern states Tulane Tulane Tulane University yeah uh so he I would say is practicing in this area but he was testifying um with the uniform law Commission okay I would just encourage maybe some Outreach and I'm happy to work with you and your team to to see if there's any input we can give from folks locally who might be impacted by this or who who've worked on this uh actually I'm sorry to interrupt um we did have a representative at the hearing from the Consortium that's the Consortium of universities and following the hearing we had quite a bit of input from at least one of the University's Georgetown University that's great um what about students who play at Georgetown or any of the other universities we did not I'm not aware of input from them and what about individual athletes or others who might be on the other side of the of this I don't want to create as if it's some sort of adversarial thing I don't think it necessarily is but just trying to make sure different perspectives and experiences are reflected uh given you know a lot of folks have been impacted by this um for years have been the athletes uh and the folks who benefited uh from this before the law was changed were the colleges and universities in the leagues associated with them so I just want to make sure that we're doing some Outreach to try to make sure that the people who had not been represented or who are now being afforded the opportunity to benefit from their name and image and likeness uh if they I would like to have the ability to weigh in so that's all sure it's a fair point um the legislation actually is intended to protect the students I follow it I just want to make sure that they they follow it and and they might you know have have something that they'd like to share uh that we're not aware of at this point sure uh councilmember Henderson um Mr chairman since this is a bill from the committee of the whole I can make a statement correct uh this is open for debate okay great um I wanted to thank you uh for moving quickly to mark up this bill after the hearing and for including provisions of my from my bill the college student athlete compensation Amendment Act of 2021 in this omnibus um I introduced that legislation to respond to the changing landscape for college student athletes following rulemaking by the NCAA permitting athletes to be paid that allows for athletes to be student athletes to be paid for publicity and endorsement deals known as name image likeness while you did not you move my bill as the primary vehicle for these necessary Provisions to provide guidance to and protect College athletes I am glad that you included the provisions requiring universities to provide financial literacy education to student athletes and the list of categories that DC student athletes are prohibited from endorsing in exchange for compensation and thank you thank you councilmember any further discussion the questions the vote is going to be on the print would leave for staff to make Technical and conforming changes Mr Cash would you call the role chairman Mendelson yes chairman Mendelson votes yes council member noodle yes councilmember nadeaux votes yes councilmember Pinto yes councilmember Pinto votes yes council member Silverman councilmember Silverman councilmember Robert White yes councilman Robert White votes yes councilmember Treyon white yes councilman tram white votes yes councilmember Allen yes councilmember Allen votes yes councilmember bonds yes councilmember bonds votes yes council member Check Yes councilmember Che votes yes councilmember Gray councilmember gray is absent councilmember Henderson yes councilmember Henderson votes Yes councilmember Lewis George Yes councilmar Lewis George votes yes councilmember McDuffie yes Professor McDuffie votes yes Mr chairman there are 11 yeses and two absent uh the printers approved unanimously um I moved the report with leave for staff to make technical conforming and editorial changes is there discussion I will do this by a Voice vote all those in favor of the report would lead for staff say aye opposed uh the eyes have it unanimously Madam general counsel or assistant general counsel is to measure legally and technically sufficient for our consideration yes it is Secretary's record complete once the report in hearing record of filed and a budget director does the measures fiscal impact statement comply with Council requirements yes it does it's our objection the special will be placed on the consent agenda for today's legislative meeting the next item for markup is Bill 24.528 W Cardell Shelton way designation Act of 2022. the purpose of this legislation is to symbolically designate upsell Street between First Street and 2nd Street in southeast as W Cardell Shelton way the location is in Ward 8. William Cardell Shelton was born in the District of Columbia and was a resident of Ward 8 for more than 75 years he was a graduate of Phelps Vocational High School and would later be a champion for vocational education for district youth Mr Shelton was an advisory neighborhood commissioner and also ran for the ward Aid School Board seat as well as a council seat Mr Shelton passed away in 2017. some members will remember him he was very vocal about vocational education for district use and also for many issues that were important in Ward 8. this legislation was introduced by councilmember Treon white with six other council members on December 1st 2021. the committee as a whole held a public hearing on July 6 2022. the community has received no testimony or comments in opposition to the bill without objection I'm going to move both the print and Report would leave for staff to make technical conforming and editorial changes is there discussion yes Jimmy councilmember white yes uh chairman um Mr Shelton who was born in Washington DC in the second child of six parents I was a proud native Washingtonian not just in Ward 8 but across the city for more than 75 years and Shelton was a Mason brick Master Brick Mason who worked on projects such as the Empire State Building harambe House Ed Murphy super Club radios one wol he serve as a mentor to Craftsmen and small contractors in the DMV area Mr Sheldon became president of the southeast General construction company and later uh president of the Anacostia profession professional Merchant Association he is a liaison for the Korean merchants in the district and so he was a liaison for the Korean merchants in the district a champion for opportunities access and equal treatment and as you know that chairman a strong Fighter for uh men and women in the city to get skills doing uh handyman work and even construction he puts that with the youth as often as I saw him Mr Shelton served as awarded ANC and was often the guest commentated on WL he was a role model Advocate and lawyer French award eight um and it's an honor to get this to the council to support um naming this street after him as a ceremonial Street naming thank you Tim thank you councilmember any further discussion on the bill uh the voters on both the print and Report Mr Cash could you call the roll councilmember Nadeau yes councilman votes yes councilmember Pinto yes councilman Pinto votes yes councilmember Silverman yes councilmember Silverman votes yes councilmember Robert White yes councilman Robert White votes yes councilmember Tran White yes councilmember Tran white votes yes councilmember Allen yes councilmember Allen votes yes councilmember bonds yes councilman bonds votes yes council member Che yes councilmember Che votes yes councilmember Greg councilmember gray is absent council member Henderson yes councilmer Henderson votes Yes councilmember Lewis George yes George votes yes councilmember McDuffie yes councilor McDuffie votes yes chairman mendelsohn yes chairman Mendelson votes yes Mr chairman there are 12 yeses of one absent uh the print and Report are approved unanimously Madam general counsel ma'am assistant general counsel is to measure legally and technically sufficient for our consideration yes it is Secretary's record complete once the report is filed and budget director does the measures fiscal impact statement comply with Council requirements because it does without objection this measure will be placed on the consent agenda for today's legislative meeting there's no objection we'll consider the next two items together they're both confirmations of mayoral nominations to the District of Columbia commemorative Works committee pr24-818 District of Columbia commemorative Works committee Otto Condon confirmation resolution of 2022 and pr24-893 District of Columbia commemorative Works committee Joe Coleman confirmation resolution of 2022. the commemorative Works committee was established by the commemorative works on public space Act of 2000. the commemorative Works committee advises and recommends to the mayor and the council disposition of each application to place a commemorative work on public space in the district the committee is to develop criteria to review evaluate and approve commemorative works in the district review all applications for commemorative Works refer applications to affected advisory commissions and to the national capital Memorial commission for comment and then recommend to the mayor and Council disposition of each application the commemorative Works committee is to be composed of 12 voting members three citizen members each appointed by the mayor with the advice and consent of the council for a three-year term and nine government officials or their designated Representatives the director of the office of planning director of Department of Parks and Recreation the director of the Department of Public Works the chief Property Management officer the executive director of the commission on the Arts and Humanities the chair of the historic preservation review board the secretary of the District of Columbia the director of the Department of Consumer Regulatory Affairs which should say Department of buildings and the director of the Department of Housing and Community Development the citizen members of the commemorative Works committee must display an active interest or ability in the visual arts architecture Civic design or history pr24-818 would confirm the mayor's nomination of Mr Otto Condon for reappointment to the commemorative Works committee for a three-year term expiring July 22nd 2025. Mr Conlin is currently a resident of Ward one he is an Urban Design principal at zgf Architects LLP he has considerable experience working with local and federal agencies developers business Improvement districts and Community organizations is completed Urban Design projects in all eight Wards and is focused on the district's underserved communities the purpose of pr24-893 is to confirm the mayor's nomination of Mr Joe Coleman for reappointment to the commemorative Works committee for a three-year term expiring July 22nd 2025. Mr Coleman is currently a resident of Ward 7. he is a native Washingtonian and a freelance artist in the district concentrating on sculpture murals in portraiture and dermal canvases a repeat dermal canvases also known as tattoos he has been a passionate Arts Advocate educator and professional practitioner for nearly 20 years Mr Coleman is an accomplished artist having been commissioned by presidents of two African countries several universities in the national museum of African art for his portraiture and mural work his work can be found throughout the district some of his projects include the Marionberry mural and Ward 8 the entrance to the DuPont underground Memorial portrait of thorough thorough Tibbs a bronze fist bumps culture for the berry Farmers Recreation Center he's currently working on sculpting 15 bronze medallions for the Howard Theater Walk of Fame in 2009 he founded the sick fish education in therapy which provides social skills therapy for children with autism spectrum disorders pr24-818 concerning Otto condom was introduced at the request of the mayor on June 17 2022. pr24-893 concerning Joe Coleman was introduced at the request of the mayor on July 12 2022. the committee as a whole held a hearing excuse me a public Roundtable on both nominations on October 12 2022. the committee has received no testimony or comments in opposition to either of the nominees the objection I moved the prince and reports from both pr24-818 and 24-893 would leave for staff to make technical conforming and editorial changes is there discussion on the motion Mr Cash would you call the roll the vote is on both pr24-818 and 24-893 the prints and reports would leave for staff that's remember Pinto yes councilman Pinto votes yes councilmember Silverman yes councilmember Silverman of OTS councilmember Robert Blake yes councilman Robert White votes yes council member Tryon white yes councilmember Tran white votes yes councilmember Allen yes councilmember Alan coats yes councilmember bonds yes councilmember bonds votes yes council member Che yes councilmember Che votes yes councilmember gray is absent councilmember Henderson yes councilmember Henderson votes Yes councilmember Lewis George yes George votes yes councilmember McDuffie yes councilor Mike Duffy votes yes chairman mendelsohn yes chairman Mendelson votes yes councilmember yes customer Nado votes yes Mr chairman there are 12 yeses and one absent the Princeton reports for both are approved unanimously Madam assistant general counsel is to measure are these measures legally and technically sufficient for our consideration yes they are Madam Secretary is the record complete for each once the reports and hearing records are filed Adam budget director does do the measures fiscal impact statements comply with Council requirements yes they do objection these measures will be placed on the consent agenda for today's legislative meeting the last item for markup in the community the whole is pr24-932 executive director of oansc Kent base appointment resolution of 2022. the purpose of this resolution is to appoint Mr Kent base as the executive director of The Office of advisor neighborhood commissions replacing interim executive director chanette Grant on an at-will basis since October 5th 2021 Ms chanette Grant has served as the interim executive director of The Office of advisory neighborhood commissions or oamc she replaced Colleen Simon who previously served in the role in the fiscal year 2023 budget the council provided a substantial funding increase for oanc for more oanc staff and a strategic plan in addition the budget significantly increased AMC allotments beginning on October 1st 2022 selection of a new Visionary permanent director at this time will equip the office of advisory commissions to empower ancs with these new services and supports the executive director of the onc is appointed by resolution of the full Council based on the recommendation of the chairman in late 2012 councilmember Robert White I don't know why that says 2012. in late 2020 I'm even gonna say 21 in late 2021 Robert were you on the council in 2012. well we'll fix that but anyway councilmember Robert white chair of the committee on government operations and Facilities which has oversight of the office of the advisory commissions held a hearing where the committee heard from Commissioners about what they wanted to see in the next oanc executive director earlier this year that committee held another hearing focused on a new vision for oamc after the council solicited prospective candidates to lead the oanc council member Robert White interviewed a number of candidates and made recommendations to me and I in turn selected Mr Kent base for appointment by the council has executive to be the executive director of the oenc in the accepted service Mr base is currently a resident of Ward 1 and has served as an ANC commissioner for 12 years he has a bachelor's degree from the University of Illinois a Masters of Science in design from Arizona State University and a masters of information and Library science from the Catholic University of America Mr base has 15 years of professional management experience in 27 years of Library experience this experience will be vital to the OA and C as the office seeks to modernize its services including document management Mr base has a strong background in managing a team and has a long record of services a commissioner assuming that we approve this the committee believes that Mr base has the potential to reinvigorate the onc and provide collaborative support to the ancs this resolution was introduced on September 19th of this year of public hearing was held on October 12th of this year and I move the print and Report would leave for staff to make technical conforming and editorial changes I want to note that we intentionally and I say we including councilmember white wanted to ensure that there was at least 30 days between introduction of the resolution and today to afford ANC is the opportunity to comment and we at the public hearing there was some opposition which seemed to Center on the Park Morton development and otherwise there was I would characterize widespread support across the city for this appointment foreign do you want to say anything I would love to Chairman please uh thank you Mr chairman I I so appreciate you moving forward uh disappointment of Kim based as a new permanent executive director of The Office of advisory neighborhood commissions or onc as you know my committee has been supporting a once in a generation transformation of the oanc for several years now that transformation has included dramatic new funding for anc's including funding for new hybrid meeting technology language translation sign language interpretation Community engagement technology development negotiation assistance joint Printing and Technology services and implicit bias and conflict resolution training we have also funded five new staff and a new strategic plan for the oanc over the last several years and significantly increased allocations that flow directly to the ancs themselves recently Mr chairman your your team also worked with my office to ensure that newly established ancs will have the financial resources they need to get up and running next year now we need a new permanent executive director of the office to ensure those earlier Investments are having the effect we intended and to chart a path for the future of the oanc and our ancs while the oanc has benefited from the leadership of Gottlieb Simon and chanette Grant over the past years Kemp base will provide an exciting opportunity to re-envision and reinvigorate the oanc as you know Mr chairman my committee held a hearing late last year where we heard from Commissioners about what they wanted to see in the next director of the oinc this spring we had a second hearing on what Commissioners wanted to see in the future of the office my committee accepted numerous exceptional applications for the role of director and I had the privilege of interviewing a number of those candidates and making recommendations I focused on finding a Visionary thinker who will prioritize supporting our anc's engaging existing staff at oanc and supporting the continued growth of the office despite the show on competition can be stood out among those applicants given his experience and Leadership at anc1a as well as his management experience in the private sector at Wiley rain and Greenberg trug we also heard strong support from AMC's for this appointment through the hearing therefore I am proud to support this appointment today and I look forward to many years of him answering the question of how you pronounce his last name thank you Mr chairman but I think we know how to pronounce it base it's not phonetic further discussion uh the emotion is the print and Report would leave for staff Mr Cash would you call the roll councilmember Silverman yes councilmember Silverman votes yes council member Robert White yes councilmember Robert White votes yes council member Trion white yes councilmember Tran white Coach yes council member Allen yes council member Allen votes yes council member bonds yes councilmember Bonzo CS council member Jay yes councilmember Che votes yes councilmember gray is absent councilmember Henderson yes councilmember Henderson votes Yes councilmember Lewis George yes councilman Lewis George votes yes councilmember McCarthy yes councilman McDuffie votes yes chairman mendelsohn yes Sheriff Mendelson votes yes councilmember Nadeau X yes councilmember nadeaux votes yes councilmember Pinto yes councilor Pinto votes yes Mr chairman there are 12 yeses one absent the uh print and Report are approved unanimously I'm an assistant general counsel is to measure legally and technically sufficient for our consideration yes it is and secretary is the record complete once the report in hearing record are filed and budget director does the measures fiscal impact statement comply with Council requirements yes it does the objection this measure will be placed on the consensus vendor for today's legislative meeting that complete segments from markup in the committee of the whole from here on we're limited to questions we have a number of measures reported out of the committee on housing and executive Administration shared by council member Anita bonds the first is Bill 24-430 The Limited Equity Cooperative advisory Council Act of 2022 customer bonds but you turn your microphone on all right I'm very sorry I thought it was on today I'm moving Bill 24-430 The Limited Equity Cooperative advisory Council Act of 2022 and I want to thank my colleagues and co-introducers including council member Shea Henderson Nadeau pinto and Robert White for helping me with this bill this legislation would establish a permanent advisory Council model from The Limited Equity Cooperative task force that was created in Spring of 2018. the purpose of the task force was to provide recommendations to the council and the government on how to best stabilize strengthen and preserve existing limited Equity co-ops while supporting the formation of new lecs to provide some basic understanding the lecs have the same structure as traditional Co-op buildings which achieve the collective ownership of residents Lacs however offer low to moderate income home buyers a below Market buy-in and restrict The Profit the residents can make from the resale ensuring that units remain affordable into perpetuity the district has a long-standing history with lecs as they have garnered support from the district for over 40 years and currently the district has over 4 000 LEC units across almost 100 buildings because lec's offer below Market buy-in they are an excellent affordable option for those seeking that first home purchase the bill is important to me to me because I'm a strong believer in the power of home ownership and the advisory Council would provide advice to the government by experts in the LEC World further the bill will ensure that policy makers in the district remain well equipped with to pass legislation that supports and expands this important model of affordable home ownership I urge my colleagues to support this bill today to take another step towards materializing homeownership for low-income and first-time home buyers in the district and thank you Mr chairman and now I move this bill I thank you customer Barnes are there questions and members Madam General assistant general counsel is to measure legally and technically sufficient for our consideration yes it is Madam Secretary is directed complete yes it is Adam budget director does the measures Cisco impact statement comply with Council requirements yes it does objection dispers will be placed on the consent agenda for today's legislative meeting Bill 24-431 limited Equity Cooperative property tax assistance Amendment Act of 2022 council member bonds yes Mr chairman let's see oh thank you again I'm moving on Bill 24-431 limited Equity Cooperative property tax assisted Amendment Act of 2022 and I want to thank my colleagues again um it was introduced by myself along with council member Shea Henderson Nadeau pinto and Robert White this legislation will amend title 47 of the DC official code to expand the current five-year LEC tax abatement to a permanent property tax statement for those Lac members whose household incomes is less than 80 percent of the area medium income in Lacs where at least 50 percent of the Cooperative households are also less than 80 percent Ami likewise this bill additionally amends the DC code to elaborate on the definition of Lacs by requiring them to include membership limitations within its Articles of Incorporation or Organization for the purpose of placing limitations on the household incomes of a potential buyer before the original Lac task force expired in 2019 they explicitly advised the council to enact a full primitive property tax abatement for lecs to offer much needed ongoing support for their existence within the district a permanent LEC tax abatement curtails the financial burdens LEC members face at the end of the current five-year abatement period by creating uninterrupted affordability for its members because a permanent tax abatement is critical to allevi alleviating the current affordable housing dilemma in the district by increasing Financial stability for existing lecs currently after the five-year property tax exemption for expires Lac owners incur additional costs that can average anywhere between 350 dollars to a thousand dollars per unit creating dramatic Financial hardships for many members moreover the permanent tax abatement would make the creation of new lec's more obtainable where we often see home ownership as two costs prohibited in the district this effort would bolster the viability of the LEC model and encourage the participation of washingtonians by increasing their apprehension of affordability after the five-year period this is different from Workforce housing which focuses on the developer's benefit this tax abatement will reduce the tax burden for owners owners who may occupy the unit or a share of the Enterprise if a permanent tax abatement current and potential Lac may I 30 seconds without objection thank you and potential Lac members May Focus their financial resources on covering operating expenses and mortgage payments rather than agonizing about the possibility of displacement due to costly property taxes I strongly urge my colleagues to support the bill today to continue our efforts in preserving affordable housing in the district and thank you Mr chairman and I moved the bill thank you councilmember Bunch are there questions from members councilmember Lewis charge uh thank you I just had one question because I was looking at the core report um the core report flag some serious concerns about allowing homeowners to not limit the resale value of their units um if we start seeing a trend where LEC owners are only using the income level of a buyer and LEC lec's begin really being priced out of affordability reach of that 40 to 60 mm5 earners what are options for pulling back that sale strategy flexibility where that we're creating here and are there unintended consequences of opening this door now and then not being able to close it later um thank you very much thank you for the question uh councilman Lewis George um there are well you know we are creating this or attempting to create this new law and I think we would use the same mechanism to manage a situation if it gets out of hand um and so that's how I'm looking at this the idea is to use as many tools as we have available currently to sort of speed up this model because this model is so beneficial to those who um let's say have about ten ten thousand dollars for to begin ownership as opposed to thirty thousand or maybe fifty thousand as today's market is and so we're we're doing everything we can to come up with tools that will help people become homeowners and I hope that kind of answers you yeah it does thank you thank you so much thank you councilmember any further questions I'm assistant general counsel is to measure legally and technically sufficient for our consideration yes it is Secretary's record complete yes it is and a budget director does the measures fiscal impact statement comply with Council requirements yes it does objection the special will be placed on the consent agenda for today's legislative meeting the next measure is Bill 24-653 period Equity writing and Injustice of District residents Act of 2022 councilmember bones um thank you again chairman I'm delighted to move forward with this important legislation today bill 24-653 period Equity writing and Injustice of District residents in paren Period Act of 2022 is a critical step in the fight for menstrual dignity and human rights lack of access to period products is an issue that can create create serious health consequences which are exacerbated by those living in poverty and those with intersectional identities women transgender men and non-varian binary people ministrating people that is who lack access to menstrual products are more likely to reuse products or use products for too long increasing their risk for infection and other conditions that require Medical Care by requiring period products and public buildings and Facilities we can help our most vulnerable populations base one less barrier to ensure their basic needs of net at the public hearing we receive overwhelming support for the bill we also heard many stories highlighting the distressing and often traumatic shared experiences administrators passing the period act sends a powerful message that no matter your circumstances or identity DC will fight to ensure that you can live your life with the safety privacy and dignity that every individual deserves I look forward to passing this bill and bringing us one step closer to addressing the period and equity in our city and I thank you Mr chairman and I'll now move this bill and I think councilmember Pinto may have a comment he's the author of the bill let's see in a moment although it's supposed to be questions uh councilmember Pinto thank you Mr chairman I am so proud that we're voting today on the period Equity writing and Injustice of District residence Act of 2022 period act this is a bill that I introduced at the beginning of this year and it's the second period Equity Bill I've introduced since joining office this bill Builds on the progress that we made earlier with the expanding student access to period products act by not only requiring free period products in all school bathrooms but now in all DC government buildings like this one like the DC jail homeless shelters libraries community centers and more thank you so much to all of our colleagues who co-introduced the period act and your recognition that access to these products is a necessity for over half of our population by requiring these products in all public restrooms we are working together to combat period stigma and poverty and beginning to treat period products like toilet paper rather than a luxury item many people don't realize that period products are not covered by snap or WIC and as a result each month administrating people many of whom are forced to choose between purchasing period products and other basic necessities this first came to my attention when I was in law school and was standing in line at the grocery store when a woman asked me if I would purchase her period products in exchange for her buying my food with SNAP I knew then that we needed to do something about this Injustice administrating people deserve to be treated with dignity and respect and I want to thank also the dozens of public Witnesses who testified at the hearing their involvement and activism made this bill stronger since hearing from them we've included language to ensure that period products that we're providing are toxin-free and plastic free this bill demonstrates that when Community Voices are involved in public policy making they push us to think about the intersectionality of so many issues and cross stronger legislation so looking forward to passing this bill today and including funding in next year's budget so madam chair on bonds I would like to ask you are you just as excited as I am to pass this bill today yes I'm sorry was that a question yes we all are asked an answer Mr chairman thank you uh Is there further uh questions with regard to the bill Madam assistant general counsel is the measure legally and technically sufficient for our consideration yes it is I'm Secretary of the record complete yes it is and budget director does the measures physical impact statement comply with Council requirements yes it does without objection this measure will be placed on the consent agenda for today's legislative meeting the next item is still 24-934 condominium warranty claims clarification Amendment actor 2022 councilmember bonds yes um chairman magnify my remarks um bill um 24934 amends the Condominium Act of 1976 to clarify the standards and procedures governing the resolution of a claim filed upon a condominium developer's warranty against structural defects and to clarify the power and responsibilities of the mayor in such cases among other technical changes to the law it does expands the definition of structural defect to include certain violations of District building codes that result in a demonstrable harm to health or safety establishes a clear process for ensuring the warranty Security payment is posted and correct amount prior to the sale of condominium units requires the mayor to maintain a publicly available online record of the warranty security amounts and the form of warranty secure irritude for each project establishes clear notice requirements and timelines for parties to file and appeal claims on the warranty security establishes a clear process and deadline for the Department of Housing and Community Development to release the warranty security funds establish a right to the novel review by the office of administrative hearings clarifies that in a suit for breach of warranties the prevailing party is entitled to attorney fees establishes fines imprisonment for knowing or recklessly violation of this section and authorizes the mayor to suspend stakeholders directly involved in fraud related to condominium developments from participating in the sale of condominium units in the district and it requires the mayor to establish a fund to provide financial assistance to eligible unit owners and unit owners associations for costs incurred in the filing of the claim and so Mr chairman I moved the um the bill I think it comes from Vermont are there questions from members Madam General Madam assistant general counsels to measure legally and technically sufficient for our consideration yes it is I'm secretary's record complete yes it is and budget director does the measures physical impact statement from private Council requirements yes it does that objection this measure will be placed on the consent agenda for today's legislative meetings there's no objection we'll consider the next three together pr24-776 pr24-77 pr24-778 these are nominations to the District of Columbia Housing Finance Agency board of directors the first is Brian Scotty Irving the second is Heather Howard and the third of Stanley Jackson I'm mindful that the first and third will be on non-consent but I think for presentation purposes here elsewhere bonds should present all three Council memes all right thank you very much um today we're moving the following nominations for the Housing Finance Agency board of directors pr24-776 District of Columbia Housing Finance Agency Board of director Brian Scotty Irving confirmation resolution of 2022 and pr24-77 District of Columbia Housing Finance Agency board of directors Heather Howard confirmation resolution of 2022 and PR 24-778 District of Columbia Housing Finance Agency board of directors Stanley Jackson confirmation resolution the Housing Finance Agency is a corporate body with a legal existence separate from the district government simulating and expanding home ownership and Rental housing opportunities below and moderate income families through is multi Family Division the housing agency issues taxable and tax-exempt mortgage revenue bonds to lower the cost of financing affordable multi-family housing developments it also works with the Department of Housing and Community Development to Issue four percent low-income housing tax credits and invest directly in the creation of new housing units through the housing investment platform through its single-family programs the Housing Finance Agency administers home ownership assistance such as the home purchase assistance program commonly known as hpap DC open doors and the remit program our first nominee Mr Brian Scotty Irving was nominated by the mayor for reappointment as a member of the agency's board of directors with experience in Home Building real estate architecture or planning for the term to end on June 28 2023 Mr Irving is the owner and founder of Blue Sky Construction and development and has served as a member of the Housing Finance Agency Board of Directors for the past six years Mr Irving has over 16 years of residential and commercial construction and development experience and it utilizes his expertise to oversee the successful development of thousands of portable units across the district and has secured more than seven thousand seven hundred thousand residents in this role our second nominee is Miss Heather Howard she was nominated by mayor Bowser for reappointment as a member of the board of directors with expertise in Home Building real estate architecture planning for a term to also end on June 28 2023. Ms Howard is the vice president of development at FD stonewater a real estate um Mr chairman without objection thank you Stone water a real estate brokerage development and investment and advisory firm she has served as a member of the Housing Finance Agency board of directors since 2019. Ms Howard has 16 years of experience as a commercial real estate developer and has managed new construction Base building Renovations and tenant improvements for more than 3 million square feet of space and totaling more than 800 million dollars an assets our third nominee is Mr Stanley Jackson he was nominated by the mayor for reappointment as a member of the agency board of directors representing Community or consumer interest or a term to end on June 28 2023 Mr Jackson was first appointed to the board of directors in 2012 and has served continuously since 2016. he is president and CEO of the Anacostia Economic Development Corporation a leading and Progressive D.C nonprofit Economic Development organization Mr Jackson has over three decades of Housing and economic development expertise service in key private public and non-profit leadership roles during his tenure with the district he directed The District's participation in the development of over 6 700 units a new constructed and rehabilitated affordable housing for seniors special needs and very low to moderate income District residents Mr chairman the Housing Finance Agency board of directors is five members appointed by the mayor with the advice and consent of the council and two-year term members continue to serve until a successor has been qualified and so Mr chairman with that I moved the the legislation to Bill uh thank you councilmember bonds are there questions from members councilmember Robert White uh thank you Mr chairman a quick question uh on these following up on uh some thoughts phrased uh at the breakfast meeting uh some of the nominees have I believe the conflicts of of interest uh but I'm looking at the statutory qualifications at a pretty broad uh including experience in mortgage lending and finance members with experience in Home Building real estate architectural planning and one representative of community or consumer interest with such broad qualifications why do we have nominees who have the same frequent conflicts of interest so these seem like talented people um certainly many of them I know in in respect very much I can't say I understand at this point why we have nominees who why we select nominees with uh significant conflicts in that they apply for and receive HFA funds Mr Cameron thank you very much well one of the challenges of the board is that our city is that in our city there's a limited pool of DC residents which is a requirement that our experienced and qualified to with those expertise that are willing to serve one of the goals of boards and commissions appointments if I recall from my years of working on the executive side of government is getting individuals who are willing to serve now I have spoken to some uh persons who have big Enterprises and you would think that they would want to and would be willing but they're like Anita I'm too busy and so I think that is one of the challenges that we are facing um and I also feel that if we are looking to individuals that will give service we have to decide are we going to penalize experience professional connections and engagement with both the industry and the community and then say therefore you're not qualified because of your your lifestyle on behalf of your your Enterprise and your community and so that that is um you know we we have talked about we have talked about these kinds of situations before where the issue becomes if I do this kind of work and the board that I'm asked to serve on is because I have these expertise am I should I then be denied the opportunity to continue my business my work and so that's always going to be a big challenge that we we have faced and particularly if I made Mr chairman particularly as we are trying to continue to grow our small business uh in the the District of Columbia and our small businesses do tend to be um persons who um have been around and have who are struggling and trying to um survive I may have one additional minute chairman without objection I I appreciate the the response um and and I think it's right that we don't want to penalize people for being good at what they do um it still seems though that the the qualifications in the statute abroad and I have to assume that there are people who are willing to serve that there's a notion in this city still that you have to be plugged in in order to be successful and we have to take that seriously even when the nominees are people we like um I I I can't say that I have I know the answer to that so I'm not sure I'm voting uh today I'm not inclined to vote against the nominees um but I recognize a problem and you know I'm not sure frankly what I'm going to do on the boat today but also going forward but I I think there are too many talented people in this city for us to say there aren't enough interested parties and I think we have to challenge the executive here a little bit more so can we can continue to restore faith in the process I I agree with you and thank you for your comments thank you Mr chairman thank you thank you thank you customer Check Yes uh first of all we shouldn't be talking about penalizing because to be on these boards is a privilege and not there's no right to this and so it's not a penalty um and then consistent with councilmember White's observation about the broad-based uh qualifications I would like to ask um have we looked at the potential pool of people who would meet those qualifications and it's not just that they do this work and so therefore they shouldn't be selected it's they do this work and they seek contracts and would be a con direct conflict of interest and although they might recuse themselves there might be too cozy a relationship among the other members so I'd like to know do we have any sense of how many people could satisfy these qualifications um no I cannot give you an exact number of who might qualify for these um it's really bonds it is not a contract it's bonds and we're talking about our multi-family primarily our multi-family development community and I think when we speak of that Community all of us you know representing the various Wards the city may know of individuals or at least those that have come to the surface who are doing various projects across the city and those are the individuals who then once they have gone through for instance the housing production trust fund for Gap financing then go to the Housing Finance Agency for you know the appropriate bonds there are private entities that do not go through the government sources like for Gap financing that also go to the Housing Finance Agency but I suspect that the pool of those that could serve and pass um who could serve on this board would be a fairly small subsection of our development or our business sector in the District of Columbia particularly when you as my colleague has pointed out the qualifications it says that these are individuals with experience in Home Building real estate architecture planning and it pretty much is focused on the um residential construction as opposed to some other Construction uh any further questions Madam assistant general counsel is to measure legally and technically sufficient for our consideration of the three measures all right yes yes they are secretary are the records complete for each yes Mr chairman and budget director did the measures fiscal impact statements comply with Council requirement yes they do without objection pr24-777 will be on the consent agenda for today's legislative meeting and PR's 24-776 in PRS 24-778 will be on the non-consent agenda could you repeat that which ones are are not 24-776 concerning Brian Scotty Irving will be on non-consent here 24-77 concerning Heather Howard will be on consent pr24-778 concerning Stanley Jackson will be on non-consent thank you that's consistent with how the agenda was circulated last night we will turn now to two three three measures that were reported out of the committee on Judiciary and Public Safety chaired by councilmember Charles Allen the first is Bill 24-416 revised criminal code Act of 2022. I was from Ray Allen indicated to me before the meeting today that he's tried to convince his statement to three minutes but it may be longer and as we know this is a quite a comprehensive bill so there's no objection he'll have additional time Let's Travel thank you very much Mr chairman and to my colleagues I'll do my best to hit three minutes um thank you uh Bill 24-416 the revised criminal code Act of 2022 was introduced on October 1st 2021 by you the request of criminal code Reform Commission the bill was referred to the committee on October 5th 2021 and the committee held three public hearings on the bill the First on November 4th 2021 the second on December 2nd and the Third on December 16th it was then approved unanimously at the committee's additional meeting on October 26th of this year the revised criminal code Act of 2022 is a Monumental consequential piece of legislation that overhauls modernizes and organizes the district's entire criminal code it is the culmination of almost 16 years of planning and hard work more than 50 in-depth working sessions between representatives of stakeholders in the district's Criminal Justice System nearly 20 hours of council hearings in almost two years worth of work in the committee there has not been a comprehensive rewrite or reorganization of our criminal laws since 1901 more than 120 years ago since then Congress and many different councils have passed different laws and created new crimes over time but a comprehensive modernization of our criminal code an effort that many other states have already taken has never occurred here in the district as a result our criminal laws are a mess and have been ranked among the worst in the country largely because we have never undergone a revision process like this we have overlapping charges inconsistent or missing definitions and elements and outdated terminology the punishments often don't fit the crime they're unclear to everyone from victims and survivors struggling in the aftermath of violence to the defendants facing a complex layer of charges to the prosecutors and lawyers who represent the various parties and to the judges and juries who have to make conviction and sentencing decisions they're also extreme in places and out of touch with their modern values since 2006 an independent agency the criminal code Reform Commission and its predecessor the criminal code revision project has taken a comprehensive and informed look at Best Practices across the country and within the district to draft a modernized criminal code removed from the day-to-day headlines but still reflective of a unique social fabric of the district the bill we have before us today is largely the work produced by the commission and is a product of countless meetings and conversations hard collaboration and compromise and thoughtful engagement by a wide range of stakeholders all of which might disagree with a particular element of the total package but recommend moving the package forward nonetheless and recognize the immense value and importance of doing so I'll now briefly highlight where the committee print diverges from the introduced version of the bill although I will not be able to cover all 100 or 450 pages of the bill in my remaining time the recommended maximum penalties are increased for several of our most serious crimes burglary robbery and carjacking especially when a crime involves a firearm or a weapon carjacking will remain its own offense with different gradations of the crime the right to a jury trial for all misdemeanors that carry jail time is now phased in over several years starting in 2025 and continuing through 2030 with multiple independent analyzes conducted to track the impacts on our courts as this right is returned the change would bring DC in line for majority of States who provide for jury trials and most charges that come with jail time mandatory minimums for nearly all revised crimes have been eliminated with the exception of first-degree murder and a mechanism for second look re-sentencing is now available for those who committed a crime when they were 25 years old or older and have served a minimum of 20 years imprisonment creating one Avenue for revisiting extreme sentences given the lack of meaningful parole pardon or clemency in the district today we have the opportunity to take a Monumental step forward to a much improved criminal code and to do so in the same deliberate and thoughtful manner as this bill was crafted by the criminal code Reform Commission I urge my colleagues to recognize that this is not meant to be the perfect solution in everyone's view but a strong and important step forward that includes years of compromise and collaboration from all parties involved before I move on I do have to especially thank the criminal code Reform Commission the Office of the Attorney General the United States attorney's office the public defender service the two law school members of The ccrc's Advisory Group Don Bremen and Paul Butler they have been critical to this project over the years and have made this moment possible I also want to thank the mayor the city administrator and MPD chief for their feedback and collaboration in this final product and of course something that's large and consequential doesn't happen without our staff and I want to specifically thank my team for their outstanding work and dedication for this years-long project thank you Mr chairman and I'd like to request this measure be placed on the agenda for a legislative meeting to follow thank you councilmember Allen are there questions from Members um Mr Victor thank you uh Mr Allen to you and your team having chaired the Judiciary Committee I know how much work goes into this in in the work of the uh the criminal Reform Commission they've been hired at work laboring over this for some time so I want to thank them for their efforts as well and all the other stakeholders who contributed it I do want to ask I know there was some um just in preparing for this there was a statement by the U.S attorney's office where they're essentially and you could correct me I'm paraphrasing obviously but they they said they supported the markup of this bill but had outstanding concerns um at our mayor council breakfast last week the chief of police also alluded to having outstanding concerns can you just briefly articulate what Matt graves in his office's outstanding concerns are if they still exist or whether you have had subsequent conversations after they made that statement and those have been resolved I know you've worked extensively with them throughout this process and have addressed some of the concerns that were outlined in their testimony before your committee but have there been subsequent conversations between the last statement that they made and today's markup where additional concerns that they said were outstanding have been resolved to this point thank you um and I'll add to that of course uh the public defender service also sent us all a letter saying that they have uh I highlighted concerns um ACLU has sent us a Letter's office at this point sure I just want to make sure it's clear that uh this will never satisfy every single person for every single issue that there will be concerns cited by all stakeholders um I do not dare speak for the U.S attorney's office or the Metropolitan Police Department uh I can tell you though that I was speaking over the weekend several times uh with our U.S attorney Matt Graves um I don't think that the final product for any stakeholder be that usao MPD PDS anybody is going to reflect every single concern or issue but they have said we believe it should move forward to markup and I think they're going to continue to highlight uh specific concerns that they may have I I agree with you and and really appreciate all the varying interests that are at stake and all the folks who and I had a list of folks I was going to ask you about including PDF so I hadn't gotten there yet I only got 38 seconds left but I wanted to know what are the specifics that they say have not yet been addressed did they mention it in their statement but it they alluded to it in their statement that there were things that still have not been addressed by this version that we're considering today um again I don't think that I I don't want to speak for any of the parties I think they need to be able to they can and have represented themselves I think if you're asking me to generalize something um the U.S attorney for example has highlighted concerns around whether or not penalties should be higher than the increases we are making uh they've highlighted concerns over as we Implement jury demand ability um for individuals facing jail time for misdemeanors not a concern around should we or should we not do it but how would it be done in a way to be successful uh it's part of the reason why using that example we extended the amount of time it takes to uh expand that right to a jury again this is something we used to do into the 90s we also add the implementation over multiple phases and then I also build in independent evaluations at each phase so that we can monitor the impacts on the courts such as impacts on juries time to trial things like that and that's one of the reasons why I think you you all look you made some modifications about how long it takes for jury demand ability in in the process for that to be implemented over the course of some time absolutely I just want to be very careful that I don't want to be represented at every party out there is 100 satisfied on every issue but I don't think that should also be the expectation but it never will be Mr chairman just if I could I know I'm opening my time again over 400 Pages um I wanted to ask about both the DC officers attorney general and the public defender service the DC officer change are there any outstanding concerns that RDC oag office has with this bill that is before today I think that there will be out of 450 Pages uh there will be something in there that the Attorney General would want to see done differently perhaps they have however given their enthusiastic support that this should move forward and support for the package moving forward and then the public defender Services just briefly if you can speak to anything that you're aware of that that they've had any issues with that linger at this point with this version sure um you may not be surprised by this that in the same way that the U.S attorney's office has some concerns around whether the increases we made in penalties should go further PDS is concerned that increases in penalties are too much and should not go that far so again I think one of the the big takeaways here and for those of those that practice in this space no our entire criminal justice system is based on an adversarial nature where opposing parties are using the same law to argue their cases I think it says a lot and it's a testament frankly to the collaboration of all these parties that that adversarial nature actually brought everyone to this to the table to work hard I'm actually agreeing with you and I don't want to cut you off but I I was asking those questions to make a similar case for what you're saying uh in that uh this is a process that is is least likely to achieve 100 consensus and and that it's in a process been labored with over a period of time it is a very extensive uh bill before us today but I also think it speaks to how uh challenging our criminal justice system is uh to make sure that we are doing Justice and I feel like uh all the parties weighed in throughout this process and I think the public will have to make a determination about whether or not they think this council is doing the right thing I do think that we've been thoughtful about how we've approach this I'm not a member of Judiciary Committee but I've spent some time with my team and I trying to cover this and I may have some questions between now and second reading thank you thank you uh thank you councilman If people could be mindful of the time please uh councilmember Henderson and then council member Silverman um thank you Mr chairman uh I just have a couple of questions uh councilmember Allen um so the committee print dress the kidnapping statute it makes a change to require substantial confinement which would include very brief or trivial detentions my question is what do we mean by substantial and let me explain why last year we had a couple of incidents where someone jumped into a running car and took off while there was no driver there were children in the back seat and I believe in all those cases the car was soon abandoned and the children were unharmed however with this new requirement for substantial confinement need that charging attorneys would not be able to include kidnapping on top of carjacking as well I appreciate the question um so the current statute um for the offense of kidnapping covers all restrictions of movement and so at the CCRC proposed was distinguishing between when an individual is essentially confined or restrained criminally versus when there is um the there is movement involved and so what it does is it splits into two different spaces a um a new offense of criminal restraint and then kidnapping and so the um obviously it's very difficult to legislate for every fact pattern that might be presented and I don't want to be very careful about not trying to make statements around different hypotheticals or fact patterns right um but in a in an event that you are describing where there is just a individual where there's criminal restraint that would have a certain charge okay if there is driving off um in substantial movement of someone that I think you would probably find in most cases following fact patterns and again I can't interpret the law from a fact pattern for every unique case right I totally understand those cases that would be kidnapping okay that I these are questions I think more for the record um to sort of get on the clarification um the next one I wanted to ask the committee print maintains the current existing law as it pertains to a rioting language as opposed to the language proposed by the commission um not many people focus on writing position Provisions in general but this did come up in the summer of 2020 in particular at what point does a protest become a riot and who gets to decide um I think the current language in our code now is big-esque and so I'm just curious in terms of why the committee chose not to go with the commission's recommended language which I thought was a bit clearer so as I mentioned the product that was moved forward to committee level is the product of a lot of collaboration and compromise so this is an element that we worked on with the executive and was a direct request from the executive branch around trying to find some compromises um when we did have a hearing on the legislation related to updating our rioting we heard from a lot of Business Leaders and residents concerned with the proposed amendments that we had in separate Standalone legislation when we had the writing modernization Amendment act hearing so for this bill we're keeping the current law as is for the time being but of course that uh rewriting of the writing code could also be reintroduced and represented as a standalone bill okay thank you Mr chairman can I have some more time without objection but please watch the clock okay okay sorry it's a long bill it's the whole Criminal um uh I wanted to ask uh how the committee determined um how much to increase the maximums for carjacking in both uh burglary um I recognize you know I read the committee report and shout out to your team and your staff were very thorough I think discussion and Analysis but my question more or less is around how did you all determine how many years by which to increase those maximums for those particular charges thanks um looking at them um in many cases we attempted to use the schedule that was created through the CCRC process um but also in hearing feedback and our hearings and meetings with stakeholders did not feel that the proposed penalties for those offenses accounted for the harm that was involved so similarly in a way that my recommendation was that carjacking should not be treated underneath as a part of robbery but should be its own Standalone offense I think that the the harm and threat posed during a carjacking is different and unique than in other forms of robbery even though that's how other states do it so we maintain that uh working through the penalty phases we look through the different classifications of the rcca's building classifications um tried to tailor what we thought was the appropriate maximum also looked at Superior Court current sentencing so that you would have the sentencing the the penalties would line up in many cases um fairly equivalent with the ways in which sentencing is going on so for example um within carjacking it is approximately 98 of sentencing would fall within the penalty range that is outlined here and so trying to keep an eye towards both how are our courts currently acting and treating um where do we feel like based on feedback we think that the maximum penalty should Land is What helped determine those recommendations great um and finally I just wanted to express my appreciation to the committee for listening to the feedback from the hearing as it pertains to the mistake of age proposal and removing that which I also had concerns in terms of in particular how it impact black children who were victims of sexual violence or crime basically thank you thank you councilmember Henderson councilmember Silverman yes um thank you Mr chairman um so let me start off by saying um council member Allen um that I know that this um is you know the culmination of um probably one of the most ambitious pieces of legislation um that I've seen in my years on the council um and uh probably one of the biggest things done uh in the home rule era um so first I do want to express my appreciation for the efforts of many people who got us to this point um councilmember Allen thank you and the Judiciary Committee actually last week in the council breakfast it was mentioned many times how you have thoughtfully and painstakingly listened to many of the people involved to get to uh where we are today um and thank you to the members of uh the criminal code Reform Commission uh and the countless experts I know Don Bremen but prosecutors Defenders police professors and academics who drafted and debated this so much also Mr chairman I believe you [Music] um uh in move the legislation for the criminal code commission so uh thank you for initiating this project okay I do have a question um so the bill States repeatedly that a defense is available to a person who is charged for causing an injury in the course of a quote lawful medical procedure uh so for example if the doctor performs a lawful medical procedure with the patient's consent the doctor has a defense to a criminal charge of assault um I wanted to hear from you council member Allen how this changes if um given given what is going on what might happen what has happened at the Supreme Court with abortion and what might happen let's say with um contraception and gender affirming care um you know certainly the council has done great work to protect patients and health care providers in anticipation of further horrific laws that Republican Congressmen have promised to put in place if there is a bad outcome in November but let me ask you councilmember Allen what would it mean for this lawful medical procedure defense if abortion or other health care is made unlawful by a republican Congress yeah um thank you and um even though we're at time Mr chairman if it's okay to have a little extra time to answer the question um I I definitely appreciate the question and I think it's probably on a lot of our minds around in what ways do our district laws uh work to make sure we're safeguarding our values um it is somewhat difficult to anticipate what a future uh Congress or Court might decide and in what ways will the code that we write be able to um foreign to protect and around the lawful defense um I'd love to work with you a little bit more on this to make sure that we're trying to think through in what ways do we use the code um I'll say proactively to anticipate what might happen in 2024 but one piece I would acknowledge is that because the revised criminal code has a three-year delay in application applicability date is in 2025 but the scenario that's being played out is potentially 2024 one space that we might also want to work again because collaboration is in the middle name of this bill is to reach out to my colleague who also has the protecting health professionals providing reproductive Healthcare MIM and act of 2022 that I believe shall be moving forward and that might also have a quicker applicability date and might be one of the ways that we can work together between first and second reading on this bill to think about whether or which which might be the right vehicle to make sure that we have the language in a way that I think protects our values that'd be great I'd love to work with you council member Allen and I know I'm over time um so I appreciate your collaboration on this uh thank you so much Mr chairman and thank you councilman Brown thank you thank you councilmember Silverman further questions comes from around some of the discussion um incented me to ask you about uh sentencing I think it was when there was some discussion about whether there should be higher sentences and what's in the bill when you got reaction to the bill is introduced in the commission's recommendations and you started working through the different um penalties um and there was suggestion for higher sentences or lower sentences how closely did you look at what the sentencing guidelines are today how closely did you look at what the sentences average sentences or predominant sentences are for that offense in the court uh very closely so not only did we do that the CCRC uh of course did that in their own crafting but as our due diligence in hearing feedback we also took a look at that and so um I think that looking at what we see our courts apply um is absolutely part of a driver and helping make that final decision I think recognizing um how do we distinguish between the inherent harm that can come from armed versus unarmed offenses also helps inform where we made recommendations um and so overall I think it's representative of the feedback that we got but also up to your point taking a look at the sentencing guidelines as well as the actual sentencing coming out of the Superior Court to try to navigate that and then of course because we are creating gradations where in most cases there are none in creating gradations between third second and first degrees thank you uh if there's no further questions on this or are there there's no further questions on this I'm assistant general counsel is to measure legally and technically sufficient for our consideration yes it is um secretary is the record complete yes it is I'm a budget director does the measure Cisco impact statement comply with Council requirements yes it does is the bill subject to appropriation yes it is the over time correct correct so the cost is uh 4.7 million in 2023 and 52.9 million over the financial plan and a lot of that is related to what I would call one-time funding such as training correct so the bulk of the cost is um is training costs at MPD so approximately um 37 40 around 40 million of the cost is um at MPD for the cost of training uh officers on the revisions thank you my objection this match will be placed on the consent agenda for today's legislative meeting the next item is Bill 24-450 uniform electronic Wheels Amendment Act of 2022 council member Allen thank you very much Mr chairman bill 24-450 is the uniform electronic Wills Amendment Act of 2022 it was introduced on October 18 2021 by you the request of the uniform law commission it was referred to the committee on November 2nd 2021 and the committee held a public hearing on March 8 2022 the bill is unanimously approved the committee's additional meeting on October 26th the committee print would enact the uniform electronic Wills act which would allow for the execution and recognition of electronic Wills current Law requires a will to be in writing signed and declared to be the person's will in the presence of two or more witnesses such rigid requirements are outdated today because people are allowed to execute other estate planning documents such as beneficiary designation forms and Powers of Attorney electronically this Authority is similar to that included in the council's emergency and temporary legislation passed in response to the kova 19 pandemic committee print would also allow a court to remove a guardian or conservator of a person for abuse neglect or financial exploitation these important Provisions have their origin and Bill 24-854 the guardian removal Amendment Act of 2022 which is introduced as a standalone bill by councilman bonds alongside council members gray Henderson Louis George McDuffie pinto and Silverman on June 13 2022 if found to have engaged in abuse neglect or financial exploitation a guardian or conservator would be prohibited from serving in the same capacity for a five-year period and until they can demonstrate Rehabilitation to the Court's satisfaction lastly the committee print permits the court to report a guardian or conservator removed for abuse neglect or financial exploitation to a professional licensing Authority if the guardian or conservative holds a professional license thank you Mr chairman I request that this measure be placed on the consent agenda for the legislative meeting to follow thank you councilmember are there questions from members Madam assistant general counsel is to measure legally and technically sufficient for our consideration yes it is and I'm secretary's record complete yes it is and budget director does the measure Cisco impact statement comply with Council requirements yes it does the objection dispension will be placed on the consent agenda for today's legislative meeting the last item from the committee is Bill 24-561 Homeland Security Fusion Center and law enforcement Authority Amendment Act of 2022 councilmember Allen thank you very much Mr chairman Bill 24-561 the homeland security Fusion Center and law enforcement Authority Amendment Act of 2022 was introduced on December 10 2021 by you the request of Mayor Bowser who's referred to the committee on December 21st 2021 and the committee held a public hearing on March 14 2022 the bill is unanimously approved to the committee's additional meeting on October 21st the measure is similar to emergency and temporary measures passed unanimously by the council earlier this Council period the committee print would statutorily recognize and set forth the mission of the homeland security and Emergency Management agency's Fusion Center which serves as a coordinating body in the district for the receipt analysis Gathering and sharing of sensitive threat related information between local state and federal Partners the print would also designate the fusion Center as a law enforcement agency solely for the purpose of receiving intelligence given that the fusion Center is currently housed in hcma and not in a law enforcement agency it has experienced difficulties in being able to receive intelligence from other fusion centers and law enforcement agencies across the country these difficulties resurfaced for example during the investigation into the events that occurred in the January 6 2021 at U.S Capitol however in granting hcma this Authority the print would also require the fusion Center to Foster transparency by submitting an annual report to the council committee with jurisdiction over Homeland Security matters and provide information on its operations during the prior year this provision addresses potential concerns over the opacity of some fusion centers operations thank you Mr chairman I'd like to request this measure be placed on the consent agenda for the legislative meeting to follow thank you councilman Allen are there questions from members councilmember Lewis Georgia you asking to be recognized yes please ah thank you um I think you were addressing this towards the end there Charles regarding um there were some Flags in the court report which uh was the fusion centers rely heavily on surveillance technology and uh surveillance intelligence sharing across state lines and I know there have been conversations previously on legislation that would provide sort of Greater Community transparency and oversight of sort of law enforcement technology um I think the core report flags and fusion centers have manipulated their intelligency in a sort of [Music] um targeting mostly yeah a lot of people of color um and so I just wanted to see what conversations uh where the conversations are on that sort of legislation around transparency and accountability and did the committee consider adding any of the sorts of checks and balances in the process of codifying the hcma fusion Center thanks I think that you are referring to perhaps this there's a separate bill related to overall um MPD surveillance that has been kind of talked about and worked on which is separate from this and because that's MPD that would not be in this space this is uh mostly focused on hcma's ability to receive intelligence so for example as we looked at January 6th it was with other events hcma found itself in a position of being unable to because they are not a quote unquote designated law enforcement entity to be able to receive information from other spaces so as the fusion Center is there to help pull together this different information to try to help make sense of it and identify threats they in some cases I think relied on some professional relationships but they did not have the ability to actually receive that and that is very distinctly different than um the other element which I I think you're referring to which is a larger effort at overall transparency around surveillance tools that are used locally within the police department so those those this does not touch that I will add the one things that we thought was important is making sure that you have the type of transparency and Reporting because that's how we added that in so that there is an annual very intentional type of reporting so that uh I I think that one of the concerns around fusion centers overall is that oftentimes the nature of security and threat assessments means that it's a black box that's hard to understand what's going on inside of it and so having that type of reporting and transparency can be one of the ways that we try to help address that and who who who who would that report go to will like will the council have access to that report it goes the way that it's structured is that it would go to the council committee with oversight over the homeland security matters so at least as it's currently constructed that would be to the council and Judiciary and Public Safety but of course once that's received that's something that all Council has access to okay in the same way like a report that might go to the committee on Health on a healthcare issue that all of us have access to that okay I just want to make sure the council is receiving okay thank you thank you councilmember Lewis George any further questions Madam assistant general counsel is to measure legally and technically sufficient for our consideration yes it is I'm secretary's record complete yes it is budget director does the measure this is Glenn pack statement comply with Council requirements yes it does without objection dispatch will be placed on the consent agenda for today's legislative meeting the next seven measures were reported out of the committee on business and economic development shared by council member Kenya McDuffie the first is Bill 24-798 New Market tax credit real property tax exemption Amendment Act of 2022. councilmember McDuffie thank you Mr chairman bill 24-798 was introduced on April 27 2022. by me and referred to the committee on business and economic development on May 3rd 2022. the committee held a public hearing on this bill on June 16th of this year and a markup on October 19th this measure would provide a real property tax exemption for Real Property belonging to qualified active low-income community business that participate in transactions qualifying for the new markets tax credit would also streamline the real property tax exemption application timeline and process by which the office of tax revenue must review real property tax exemption applications for these applicants and communicate its decision with applicants and even this bill arose during a February 22nd here in the committee held in which the Consortium of local non-profit housing organizations testified to the obstacles their members faced when trying to secure financing for much needed projects in low-income communities for the District of Columbia without this bill several worthwhile affordable housing the Workforce Development projects may not come to fruition with that I'd ask for this measure replaced on the consent agenda for the legislative meeting to follow thank you councilman McDuffie are there questions from members I'm assistant general counsel is to measure legally and technically sufficient for our consideration yes it is madam secretaries the record complete yes it is and a budget director does the measure Cisco impact statement comply with Council requirements yes it does objection dispension will be placed on the consent agenda for today's legislative meeting Bill 24-823 206 Elm Street Northwest real property tax abatement Amendment Act of 2022. councilmember McDuffie thank you Mr chairman bill 24-823 was introduced on May 23rd 2022 by council member Brianna doe and referred to the committee on business and economic development on June 6 2022 the committee held a public hearing on this bill on September 21st and a markup on October 19th during the fiscal year 2023 budget process the council set aside thirty thousand dollars to fund this measure which will provide a real property tax abatement for property located at 206 Elm Street Northwest and we're one during tax year 2023. with that I would ask them as we placed on the consent agenda for the legislative meeting to follow thank you councilman McDuffie are there questions from members Madam assistant general counsel is to measure legally and technically sufficient for our consideration yes it is let me just ask the questions Madam Secretary is the record complete yes it is Madam budget director does the measure system impact statement comply with Council requirements yes it does I'll come back to you in a second councilman yes um thank you chairman I just had a question about the um the set aside the 30 um thousand dollars and wondered by doing this we're helping but we're only helping with the current um arrears and the situation I wonder is the owner of the property going to have the ability to go forward and to take care of their financial obligations into the future or are we just delaying the inevitable I'm just curious that's the hope and that's what she testified too if you should be able to we ask those questions and obviously the start statement is in recognition of the hardship that she's faced um and in reality is there are lots of other people out there who face similar hardships so while this is specific to her and that we hope that she will be able to um to reconcile the challenges that she faces um we recognize that there needs to be more done to address this more broadly but but she did testify that uh the amount that we had set aside since suffice I I appreciate that response because as you said there are a number of households that face this kind of hardship and and with the economy as it is there may be more and I think we need to think about what is a good tool that can help them all thank you thank you customer Barnes a madame budget director uh there's a fiscal cost to the bill which is in the budget it's about thirty thousand dollars correct and uh we uh uh took care of the tax expenditure when we passed the FY 23 budget so the Bill's funded correct council's already in a sense voted on this correct uh there is a tax abatement financial analysis or tafa correct the taffa is what we call negative correct it says that the abatement is not necessary and that's why this will be a non-consent correct because our rules require that um I asked the clearance questions this measure will be placed on the non-consent agenda for today's legislative meeting Bill 24-851 State small business credit initiative Venture Capital program Grant making establishment Act of 2022 councilmember McGuffey thank you again Mr chairman this message was introduced on June 9 2022 by you at the request the mayor referred to the committee on business and economic development on June 28 2020 uh 2022. the committee held a public hearing on this measure on October 5th 2022 and a markup on October 9th of this year the council recently approved the emergency and temporary versions of this bill which would establish a local Venture Capital program here in the District of Columbia funded by the United States Department of Treasury and in accordance with that agency's guidelines the measure would also amend legislation giving the deputy mayor for planning and economic development limited Grant making authority to allow the office to provide grants to a local program administrator for the purpose of making long-term investments in local district-based businesses with that I'd ask them as we placed on the consent agenda for the legislative leading to follow thank you councilman McDuffie D are there questions from members I'm assistant general counsel is to measure legally and technically sufficient for our consideration yes it is Madam Secretary is the record complete yes it is and budget director does the measures fiscal impact statement comply with Council requirements yes it does without objection this message will be placed on the consent agenda for today's legislative meeting build 24-894 Whitman Walker entity at St Elizabeth's tax rebate Amendment Act of 2022 councilman McDuffie thank you Bill 24-894 was introduced on June 27 2022 by council member is gray and Treyon white and referred to the committee on business and economic development on June July 12 2022 the committee held the public in on his meds on October 5th and a markup on October 19th if approved the bill would support the Whitman Walker clinics expansion to the Saint Elizabeth's campus through the provision of a tax rebate of the organization's real property taxes at its new Max Robinson Center in Ward 8 for up to 25 years so long as the entities maintain an active leads for the property have paid the taxes on the property and utilize the space for the provision of health related services with that I asked that the message we added to the agenda for the legislative meeting to follow are there questions from members Madam assistant general counsel is to measure legally and technically sufficient for our consideration yes it is madam secretary's record complete yes it is modern budget director does the measure system impact statement comply with Council requirements yes it does is there a fiscal impact to the bill yes uh it is 1.3 million in FY 23 and 5.5 million over the plan um and we have not accounted for this in any uh approved budget and financially so this was something this is a second correct um and this is a rebate as in a refund or an abatement it is a rebate so it I guess it's for um the Whitman Walker leases the space in a privately owned building so they would be rebated what they pay for what the owner pays and there's a negative test correct correct this measure will be placed on the non-consent agenda for today's legislative meeting Bill 24-935 UDC leased property tax abatement Amendment act 2022 comes from McDuffie thank you Mr chairman bill 24-935 was introduced on July 11 2022 by council members Robert White bonds Lewis George Pinto Henderson Silverman Nadeau Allen Che and chairman mendelsohn and referred to the committee on July 12 2022. the committee held a hearing on the measure on October 5th and a markup on October 19th of this year during its fiscal year 2023 budget deliberations the council set aside upon support this tax rebate for property at least by the University of District of Columbia at 4225 Connecticut Avenue Northwest along as the university continues to lease the property and use it for educational purposes there is a negative top associated with this measure and so I ask that this be placed on the Nugget agenda of the legislative meeting to follow are there questions from members Madam assistant general counsel is to measure legally and technically sufficient for our consideration yes it is um secretaries the record complete yes it is and a budget director does the measures fiscal impact statement comply with Council requirements yes it does funded in the budget correct it was funded in the um FY 23 budget financial plan the uh tax expenditure is 152 000 in FY 23 and 620 000 over the four-year plan thank you this measure will be placed on the non-consent agenda for today's legislative meeting PR bill 24940 again Bill 9 24-940 Performing Arts promotion tax rebate clarification Amendment Act of 2022 councilmember McDuffie thank you Mr chairman Bill 24-940 the Performing Arts promotion tax rebate clarification Amendment Act of 2022 was introduced on July 12 2022 by councilmember Robert White and refer to the committee on business and economic development on September 20th 2022 the committee held the public hearing on the measure on October 5th and mock-up on October 19th this year the council previously approved emergency and temporary versions of this measure which will provide tax relief to eligible entertainment venues during a public health emergency the bill would also give authority to the office of cable television film music and entertainment to review and process applications and certify to the office of tax on Revenue which companies are eligible for the tax rebate but that I asked for the measure replaced on the consent agenda of the legislative meeting to follow thank you councilman McDuff your other questions foreign assistant general counsel is to measure legally and technically sufficient for our consideration yes it is secretary is the record complete yes it is budget director does the measure Cisco Olympic statement comply with Council requirements yes it does the objection this measure will be placed on the consent agenda for today's legislative meeting pr24-927 Mondo Verdi bilingual Public Charter School revenue bonds project approval resolution active can't say Pro object approval Resolution Act resolution of 2022. councilman McDuffie thank you uh this measure was introduced on September 16th 2022 by chairman Mendelson at the request the mayor the proposed resolution was referred to the committee on business and economic development on September 20th 2022 the committee held a public hearing on the measure on October 5th and a markup on October 19th of this year it approved the legislation would allow the district plumber to issue up to 60 million dollars in taxes and bonds notes for other obligations to help Mundo Verde bilingual public charter schools refinance bonds they received in 2014 renovated campus at 44 Peachtree Northwest choir facility the school currently leases at 4401 8th Street Northeast were used as a charter school campus as well as a choir and construct a new campus on Apostle at 817 Barnum Street Northeast and finance the issuance and other costs associated with this total project this project complies with Section 490 of the District of Columbia Homebrew Act and would not be of any recourse of the judicial Columbia and with that I would ask that this measure be placed on the consent agenda for the legislative meeting to follow thank you councilmember McDuffie are there questions from members Madam assistant general counsels to measure legally and technically sufficient for our consideration yes it is madam secretaries directly complete yes it is I'm budget director does the measures fiscal impact statement comply with Council requirements yes it does without objection this message will be placed on the consent agenda for today's legislative meeting the next bill was reported out of the committee on government operations and Facilities chaired by councilmember Robert white bill 24-509 Inspector General oversight consistency Amendment Act of 2022. councilmember white thank you Mr chairman Bill 24-509 the Inspector General oversight consistency Amendment Act of 2022 was introduced on November 10 2021 by myself as well as council members bonds Louis George Nadeau McDuffie Silverman Che and Pinto this legislation is the permanent version of identical emergency and temporary legislation that has been in effect since last November while this bill is short and simple it is critically important to the council's broader work to ensure adequate oversight of the District of Columbia Housing Authority or dcha we all saw the recently released report from the Federal Department of Housing and Urban Development highlighted highlighting the dramatic Decline and dysfunction at dcha the report made clear what we have seen for years that dcha is failing in almost every aspect of its operations and requires substantial reform that's why just earlier this week the council passed emergency legislation to bring a transparency and oversight to dcha while small this bill is another step in the same direction specifically this legislation will ensure that the office of the Inspector General or oig can continue to independently investigate the wide-ranging issues at dcha without requiring a prior request by the council this issue arose late last year when the oig notified the council that it needed to investigate serious allegations at dcha but that it was being stymied by dcha's leadership in part due to a quirk in the law through legislation passed by the council in 1999 the council clarified the oig's authority to independently investigate all dependent and independent agencies other than the council and the courts all agencies that is except for dcha which was specially insulated from that oversight in a second bill passed that same year in order to undertake investigations and reviews of dcha the oig first had to receive a request from the council unfortunately seeking a request of the council to initiate an investigation put at risk oig's compliance with legally mandated auditing and investigation standards specifically the prior Council request impeded on the confidentiality Independence and timing of oig's work in addition it was unclear what a request of the council meant in this context the result of that confusion was a series of letters from the committee on housing and an executive Administration and various council members requesting oig investigations of dcha and variants of varying scope and duration this bill will permanently remove that barrier to the oig's work and allow it to continue its ongoing investigations while this bill is critically important it is obvious to me that more needs to be done to bring dcha back from the brink and ensure our residents are receiving the dignified and safe housing they deserve I look forward to working with the housing committee on further reform thank you Mr chairman thank you councilmember white are there questions from members Madam assistant general counsel is to measure legally and technically sufficient for our consideration yes it is I'm Secretary of the record complete yes it is and budget director does the measure Cisco impact statement comply with Council requirements yes it does without objection in the special will be placed on the consent agenda for today's legislative meeting the next measure was reported out of the committee on transportation and the environment shared by council member Mary Chang Bill 24-837 Ignition Interlock system program Amendment Act of 2022 councilmember check yes thank you Mr chairman today I'm moving the ignition interlock System Program Amendment Act of 2022 which was introduced by you Mr chairman on behalf of the mayor this past June and was marked up by the committee on transportation and the environment on October 21st 2022 ignition interlock systems which prevent a car from starting until the driver provides a breath alcohol concentration a BAC test below a set level have been shown to reduce drunk driving recidivism by as much as 65 percent this bill expands and strengthens the district's interlock program in two ways first the bill corrects the discrepancy under current law that prevents the DMV from requiring District licensees to enroll in the program if they commit a drunk driving offense in a foreign country or on a military base by slightly expanding the definition of cover defenses under the law the bill allows the DMV to require the same thing from a district licensee who drives drunk in Canada for example as one who drives drunk in Maryland second the bill requires anyone who refuses to submit specimens for Chemical Testing as required by law to enroll in the program under current law a person who refuses to submit to a breathalyzer test after a drunk driving arrest has his or her license revoked for one year this bill allows such a driver to keep her license as long as she enrolls in the program the committee believes this is a common sense Improvement that will increase Traffic Safety while shifting away from punitive license revocations and so I move the bill Mr chairman and ask it to be placed on the consent calendar foreign are there questions from members Madam assistant general counsel is to measure legally and technically sufficient for our consideration yes it is I'm secretaries the record complete yes it is Madam budget director does the measure Cisco impact statement comply with Council requirements yes it does the objection dispatch will be on the consent agenda for today's legislative meeting that's going to conclude the business for this committee the whole meeting the next regularly scheduled committee the whole meeting is November 15th in place and same time uh we will we will begin the legislative meeting in 10 minutes that would be 235 the time is now 2 25 in the afternoon and this meeting is adjourned foreign foreign foreign foreign foreign foreign foreign foreign foreign foreign foreign foreign foreign foreign uh we're going to reconvene in about one minute foreign doesn't matter foreign this meeting this is a regular meeting of the Council of the District of Columbia I'm Phil Mendelson chairman of the council today is Tuesday November 1st 2022 it's a time of 2 48 in the afternoon this is our 38th legislative meeting of council period 24 and this meeting is being conducted or held in the room 500 of the Johnny Wilson building the council chambers but also is being participated in somewhat hybrid as in at least one member is participating virtually this meeting is being broadcast live via the zoom video conference broadcast platform on Council Channel cable channel 13 and on the council's website www.dccouncil.gov we always begin our legislative meetings with a moment of silence for reflection I would ask that everyone respect this and then we'll have a roll call um secretary would you call the role councilmember Allen here councilmember bonds councilmember bonds councilman bachay councilmember chain councilmember Gray house number Gray councilmember Henderson here once remember Lewis George here councilmember McDuffie here chairman mendelsohn president councilman down here councilmember Pinto president councilmember Silverman presence council member Robert White president councilmember Treyon White also want to try on white Mr chairman you have a quorum thank you uh we have the secretary's report of committee filings I'm going to recognize the tripod Mr McDuffie thank you Mr chairman I'm going to move to waive the reading of the secretary's report their emotion to waive the reading of the secretary's report is there discussion on the motion all those in favor by Voice vote say aye aye aye opposed I don't see her or hear any no votes oh the motion carries unanimously we have the secretary's report of introductions again I'm going to recognize that SharePoint to Mr McDuffie and I'm going to move the red reading of the secretary's report of introductions is there a discussion Again by Voice vote on the motion the waves of reading all those in favor say aye aye uh are there any no votes the odds have it unanimously we have the consent agenda are there any changes to the consent agenda Jeremy councilmember Lewis George chairman I would like to withdraw the Daniel Smith ceremonial recognition resolution in 2022 for to make edits that's it your intention is to refile it correct correct thank you are there any other changes we'll have a roll call vote to vote is on the consent agenda as amended by removing that one ceremonial resolution Madam Secretary would you call the role councilmember Robert White yes member Robert White votes yes councilmember Treyon White yes remember Treyon white votes yes councilmember Allen yes from Maryland votes yes councilmember bonds yes Council Barnes votes yes yes comes from McRae councilmember gray is absent house remember Henderson yes remember Henderson votes yes comes from Blues George yes Louis George votes yes councilmember McDuffie yes remember McDuffie votes yes chairman Mendelson yes Mendelson votes yes councilman Adele yes I'm gonna do votes yes councilmember Pinto yes Robert Pinto votes yes councilmember Silverman yes Silverman votes yes Mr chairman there are 12 yeses and one absent uh the consent agenda has improved unanimously um we will turn to the non-consent agenda on page seven we have the Bed Bug Control Act of 2022 bill 24-142 so moved uh there are two amendments one was circulated by councilmember Nadeau and is linked to the agenda custom bernado thank you chairman in 2019 I introduced the bedbug Control Act in part to ensure that prospective tenants knew about bed bugs and adjoining units before moving in last year councilmember gray introduced an updated version of my bill the health committee print of this legislation like the version I introduced in 2019 ensured the tenants would know about bed bug infestations and units other than their own before they signed a lease more specifically the health print required the disclosure of an entire building's 10-month infestation history um there were some changes made in the cow print and so today I am moving an amendment to better align the engrossment with the intent of the committee on health under the amendment landlords would have to disclose all of the following from within the past 120 days one if a building had any infestations two if those infestations were eradicated three what floor the infestations were on and four if the unit someone wants to rent had any recent infestations finally five if the infestations in that unit were eradicated I want to add these requirements in because of all the committee prints on this bill across four years have emphasized the bed bugs are highly mobile that they easily move between units and then a building with bed bugs anywhere is a bed bug building for everyone living there it sounds like a lot to disclose but this is based on a New York City disclosure form that landlords there comply with by checking four boxes and filling in two blanks and we we would all want to know if there are bed bugs next door before moving in so this amendment extends that courtesy to all tenants uh Mr chairman I thank you and your staff for working with me on this amendment um and with that I move the amendment thank you councilman adult you remember this before us I indicated this morning I have no objection to the amendment I do want to say this there was an earlier version of it that spoke of the rental property as opposed to the building and there are uh apartment apartment properties that are more than one building and so this amendment speaks to the building itself I have no objection to this is there if there's no objection the amendment will be accepted is there any objection hearing none the amendment is accepted thank you the other amendment is from me this also was circulated yesterday and linked to the agenda it makes three changes to the um committee print has approved on first reading it um changes some language so the housing providers must acknowledge a complaint from a tenant within five calendar days rather than five business days and must obtain services from a pest control professional within 10 calendar days rather than 10 business days it also clarifies that if a unit is reinfested during a monitoring period because the bill provides that after after eradicating bed bugs there has to be a 12-month monitoring period and this amendment clarifies that if the unit is reinfested during the monetary period monitoring period and needs additional eradication measures housing provider must provide monitoring services for 12 months after the reinfestation and then the amendment also clarifies that uh the bill has a requirement that leases must include a language with regard to this legislation and um it's not the intent that this legislation would in any way invalidate leases that currently exist so that that provision applies for lease agreements executed after March 31st 2023. uh if there's no objection this amendment will be accepted is there any objection to it not hearing any this amendment is accepted are there any other uh any more discussion with regard for this bill Madam Secretary would you call the role the vote is on Bill 24-142 as amended councilmember Tran White yes remember Tryon white votes yes councilmember Allen yes Allen votes yes councilmember bonds yes Barbara bonds votes yes councilman but she yes remember Trey votes yes councilmember gray is absent councilmember Henderson yes remember Henderson votes Yes councilmember Lewis George yes George votes yes councilmember McDuffie yes McDuffie votes yes chairman Mendelson yes remember Mendelssohn votes yes councilman Jim yes remember nadeaux votes yes councilmember Pinto yes I remember Pinto votes yes councilmember Silverman yes Professor Silverman votes yes and councilmember Robert White yes Robert White votes yes Mr chairman there are 12 yeses and one absent uh the bill is amended is approved on Final reading on first reading on book bills we have billed 24-823 206 Elm Street Northwest real property tax abatement Amendment Act of 2022. councilman McDuffie thank you Mr chairman bill 24-823 will provide a real property tax abatement during tax year 2023 for a property in Northwest Washington DC as mentioned during the committee the whole earlier the funds to support this measure were approved by the accounts as a part of the fiscal year 2023 budget process and I would ask my colleague support of this measure so moved is there a discussion Madam Secretary would you call the role the voters on Bill 24-823 . sorry councilmember Allen yes councilmember bonds yes on the bonds votes yes councilman but she yes which he votes yes councilmember gray is absent councilmember Henderson yes remember Henderson votes yes comes from values George yes George Phillips yes councilmember McDuffie yes Robert McDuffie votes yes chairman mendelsohn yes Cameron mendels and votes yes councilmanado yes I'm going to do votes yes council member Pinto councilmember Pinto councilmember Silverman yes Humber Silverman votes yes councilmember Robert White yes remember Robert White votes yes councilmember Tryon White yes Robert crayon white votes yes Mr chairman there are 11 yeses and two absents oh the bill has approved unanimously Bill 24-894 Whitman Walker entities at St Elizabeth's tax rebate Amendment Act of 2022 councilman McDuffie thank you Mr chairman bill 24-894 would support Whitman Walker's expansion to the Saint Elizabeth's campus by relocating uh it's Max Robinson's you know to Saint Elizabeth's the Whitman Walker entities have provided Health Care Services to the district Columbia's most vulnerable residents for nearly 50 years the ward 8 expansion would allow the health care provider to increase its treatment capacity from 5 000 patients to 15 000 patients on the East End of the city expanded services at the site include Primary Medical Care Behavioral Health substance abuse dental and other Supportive Services I would ask my colleague support for this important measure so move experiment who wishes to be recognized Nado I was wondering thank you chairman I'll be brief uh I just want to thank councilmember McDuffie for moving this legislation so quickly this fall we originally moved this as a BSA subtitle and funded this abatement in this year's LBA but I agreed with the chairman that tax abatements generally need hearings and uh council member McDuffie graciously agreed to move this as fast as possible to make sure that we could keep this home of family and Community Asset now because of his and his team's hard work was was a vacant property a few months ago will be a place for the National Society of black Engineers Junior to meet and for Howard engineering students to grow and help others I look forward to voting in favor of this legislation today and urge my colleagues to do the same thank you thank you um further councilmember uh crayon white yes thank you chairman um I want to I want to also thank councilmember gray his absence I know he uh will be very proud of this moment he's been a staunch advocate for it Health Equity he's the Anacostia River does he call the East End um as well as councilman McDuffie the members of the committee on business and economic development for all your work and bringing this important piece of legislation to fruition um and I also want to thank the Whitman Walker Clinic we have dedicated their lives and careers to improving health care across the district uh for nearly 50 years the Whitman Walker Clinic has provided quality affordable health care services legal services to Youth and Family Support D.C residents uh the Whitman Walker Clinic has consistently been a leader for providing targeted and affirming care to vulnerable groups and was one of the first in the nation to provide extensive services to the lgbtq and the HIV AIDS patients um decades ago the current Whitman Walker clinic located at Max Robbins Robinson Center in Ward 8 has been consistent source of Health Care and supportive services to District residents east of the Anacostia River who has historically been denied access to the same Health Care as their counterparts and other Awards this tax rebate will provide with Milwaukee with the financial support to provide critical services to even more of our residents uh I'm saying I'm watching the development go up and it's been phenomenal we know that this measure would improve Access to Health Care Eastern river and a new location Reserve uh roughly 15 000 residents a year will Walker has been an inviable resource to our community and I'm thrilled to have introduced uh this message along with councilman McRae and I'm excited about the future of Health Care in world seven and eight especially on the historic St Elizabeth property again I want to thank you councilmember gray in your absence and know that your work is not in vain thank you chairman thank you councilmember white further discussion the vote will be on Bill 24-894 Madam Secretary would you call the roll councilmember bonds yes Amber Barnesville CS councilmember Shea yes Reche votes yes councilmember gray is absent council member Henderson yes Robert Henderson votes Yes councilmember Lewis George yes remember Lewis George votes yes councilmember McDuffie yes Governor McDuffie votes yes chairman Mendelson yes Emma Mendelson votes yes comes from Bernardo yes from an adult votes yes councilman but Pinto yes Robert Pinto votes yes councilmember Silverman yes Montgomery government votes yes council member Robert White remember Robert White votes yes councilmember Treyon white yes Robert Tran white votes yes counselor by Allen yes former Allen votes yes Mr chairman there are 12 yeses and one absent uh the bill is approved unanimously Bill 24-935 UDC leased property tax abatement Amendment Act of 2022 councilmember McDuffie thank you Mr chairman bill 24-935 will provide a tax abatement for the University District of Columbia for property at leases at 4225 Connecticut Avenue Northwest for so long as the university continues to lease the property and use it for educational purposes the council set us out funds in the fiscal year 2023 budget to support this measure and I would ask for my colleague support to move is there discussion the vote will be on the on Bill 24-935 Madam Secretary will you call the roll councilmember Che yes remember Che votes yes councilmember gray is absent councilmember Henderson yes remember Henderson Village yes comes from values George yes Mrs George votes yes councilmember McDuffie yes remember McDuffie votes yes chairman mendelton yes remember mendels and votes yes that's what I'm going to do yes that's where I'm going to do votes yes councilman Pinto council member Pinto answer Silverman [Music] um yes councilmember Silverman votes yes councilmember Robert White yes I remember Robert White votes yes councilman betray on wait yes Robert round white votes yes councilmember Allen yes yes councilmarnable bonds yes number bonds votes yes Mr chairman there are 11 yeses and two absents Madam Secretary yes I believe councilman repentos walked into the chamber okay councilmember Pinto yes remember Pinto votes yes Mr chairman there are 12 yeses and one absent uh the bill is approved unanimously we will turn now to reading a vote on proposed resolutions the first is pr24-776 District of Columbia Housing Finance Agency board of directors Brian Scotty Irving confirmation resolution of 2022. uh before I recognize customer bonds I have a sense that while there are some members that have similar views on both of these resolutions there might be some differences which is why I'm not suggesting to be moved and blocked um just saying that so that well I'm not sure why I'm saying that councilmember bonds with regard to the first resolution um thank you um chairman the first nominee Mr Brian Scotty Irving was nominated by mayor Bowser for reappointment as a member of the Housing Finance Agency board of directors with experience in how Home Building real estate architecture or planning for a term to end on June 28 2023 he is the owner and founder of Blue Sky Construction and development and has served as a member of the agency Board of Directors for the past six years he has over 16 years of residential and commercial construction and development experience and utilizes his expertise to oversee the successful development of thousands of units of affordable housing across the district he feels very confident that he's been a good service to the residents of the District of Columbia I'll go further to just remind that one of the challenges that the how Housing Finance Agency board is competing with is a limited pool of DC residents that are experienced and willing to give their time and knowledge to services on boards and commissions that require specific technical skills and so that is one of the challenges that we face and so I move his nomination forward chairman good counselor Advance we have the resolution before this is their discussion councilmember Silverman yes thank you Mr chairman I heard what you said about um not moving the nominations uh and block but I will speak to both nominees so maybe I could get a little leeway on time um Mr chairman as I mentioned in the breakfast I will be voting no uh on the these two DC Housing Finance Agency board nominees uh presented to us today uh for those who don't know the DC Housing Finance Agency is an extremely important affordable housing agency it's responsible for thousands of units of affordable rental housing and new homeowners every year and it's absolutely critical to our Collective efforts of solving our housing crisis I want to be clear that I'm voting no not out of a personal objection to either member but because this board's members have too often had to recuse themselves because of um professional involvement in the project seeking DC HFA financing um I will say that again because this has often been misre represented by people who disagree with me um I do not believe the current members of dchfa uh board of directors have violated any ethics rules um and they do recuse themselves one of their development projects is being voted on and approved for financing um to be clear again my concern is the frequency in which board members have development projects that receive dchfa financing I'll just say when board members are involved with more than half the deals that they're voting on I think that is a big concern and a problem let me give concrete empirical example between January 2021 and August of this year the board took votes on affordable housing developments 40 times of those 40 votes one or more of the five DC HF Faith board members had to recuse themselves from the vote due to a conflict of interest a total of 26 times that is 65 of the time they were voting on projects that involved one of the five board members um that is not a system that is free of conflicts of interest and I'm concerned about the lasting impact of having a system where board members are able to use more than half of the bond Authority we have available and have the possible ability to push their competition out of the market Mr chairman can I get one more minute without objection thank you um so what is the um what is the message being sent here you know I'm concerned that the lasting impact of having a system where board members are able to use half of our bond Authority you know does send a message to other developers that the only way they can get a deal done in DC is is to give a piece of it to a DC HFA board member um you know I'm concerned it sends a message that um they're not going to be competitive in the district uh and they might go to other jurisdictions and that's something I've actually heard I think we can have both a conflict-free process and not lose the the expertise the HFA Board needs we just have to be willing to do it um and I felt this way for a long time which is why I previously introduced legislation to prohibit board members from having business with the Housing Finance Agency while they are serving on the board other states like Virginia have this kind of legislation in place but since we don't have this law in place right now I will be voting on against these two nominations thank you Mr chairman for the extra time customer Pinto then check thank you Mr chairman I think for council member bonds if that's all right so one of the things that councilmember Silverman just highlighted was that 60 of the bonds being voted on would affect members of the board is that representative of the amount of projects that the board members represent in the city like why is that number so high is that more of a matter of other applicants aren't coming to the board um because it doesn't sound like 60 of those that are approved it's just 60 percent that those are being considered so why is that the case for your from your understanding um from thank you um councilmember Pinto for my understanding it is a condition of the projects that come before the board and if I heard a council member Silberman correctly she said the members their five members of the board um that are falling into this category but I have not heard anything that would say that um nominee Irving or nominee Jackson have some very specific engagement on any of the these 26 projects so it leaves me to go back to my original perspective and that is that because people serve and the requirement is to serve if you are a DC resident we we're in a we're in a catch 22 in that how do we get others to be willing to give their time to serve in this capacity and that seems to be one of the uh biggest difficulties because it is time consuming and so these individuals have said yeah I'll serve and continue to serve and they have the expertise so I think we need to do um the necessary research to determine whether or not there was any conflict we know that in all cases these individuals who are on the board have reclused themselves you know on these projects they're doing the right thing the same thing that we have to do here at the council if we have any engagement as it relates to any project that is before this body so I think you know it's a it's an effective way to use statistics perhaps but I'm not sure if it really gives us a picture of what is the the difficulty right but unlike our body 60 of the votes that we take do not result in one of us needing to recuse ourselves so maybe I could ask councilmember Silverman as you analyze this problem why do you think that is that's 60 percent of the bonds HFA is reviewing effect can I just jump in before the answer as I understood it was 65 of the measures before the agency correct have had a recusal by at least one of the members not 65 by the same number that's correct as that's correct Mr chairman um this was a big discussion at the confirmation hearing um uh councilmember Pinto uh and it was on it gets back to something I think um that was asked at the breakfast by another member which is why can't we have more people uh who don't have projects before the board serving um and and that I think there's a a you know as I mentioned a concern that you know I'm not accusing anyone of of a lack of Ethics people accuse themselves but it just seems like this small group of people seem to have a majority of the projects before the board and you know I'm not sure why that is but it creates a I think a concerning perception among um certain developers that you have to you know have somebody on the board be a part of your project in order to receive funding um I guess I just I'm trying to understand in putting together an application why that number would be so high um because it's it's not that you're saying that 65 of the projects that are submitted um I'm not being clear here well let me just try to get the three words it's very rare I think that I didn't mean to interrupt you but I think what you're getting at it it's very rare for members to vote against somebody else's project who's on the board uh and I I think that question was I asked that question and people couldn't really recall when um it doesn't happen with frequency LCA but yes there's just a it is very surprising how many projects come before the board for financing that involves board members in a way for us a solution for us is to just say while you're serving on the board you cannot have projects before DC HFA and then you know when you come off the board you can um can I just ask one last piece to counselor bonds three minutes over your time I know but it was trying to allow others to to answer um but please be mindful of your time when folks are answering so if there's no objection one more question thank you um councilor bonds do you have a sense of how often projects are disapproved by the board and if that's ever happened with the 65 grouping um I'm not quite sure what the 65 grouping means in what you're saying but I do know that not all projects that go before this board are approved um if your thought is how many of those that are not approved do not have the involvement of any member I would imagine that maybe where you're headed that do not have members that are part of the sport I can get you that that information um because that's a record a matter of record um that's a different question I want to be mindful of my time so thank you very much thank you councilmember Pinto further um yes councilmember Shea and then councilmember Henderson uh thank you very much Mr chairman as I said at the breakfast this is uh very concerning um both for what may be happening and what may appear to be happening and while I suspect that these nominees will be approved um I'm going to vote no also uh as a signal that this Council without me on it but nevertheless that this Council would like uh the pool of people who are uh looked at to serve in these capacities uh is broader and would limit the potential for conflict of interest so um I think it's at least a signaling vote thank you councilmember Henderson um thank you Mr chairman I have a question for councilmember bonds I understand that um Mr Irving and Mr Jackson are reappointments how many other terms have they served prior to this reappointment yes um Mr um Irving has served since 2015. and Mr Jackson has served since 2016. okay and what's the length of terms the lens it can be one year or two years I think they were appointed to two-year terms the term that they are currently being appointed to is one year okay thank you I um you know I raised this on the breakfast as a question of concern um and I got a uh you know I'm not on the housing committee so I didn't attend that particular nomination hearing so I'm not describing anything to Mr Irving but or Mr Jackson but I feel like these are conflict of interest that we should be questioning and why I understand you know councilmember bonds if you're saying it is hard to find the right combination of person who's also a DC resident I feel like we've had debates on this body before around us having lots of qualified DC residents who have the experience and background but we haven't necessarily done the Outreach to um get those folks to either apply to Moda to serve on boards and commissions or otherwise um but I don't I don't know how we change direction on some of these things if we continue to just vote Yes on everyone who comes before us um I have concerns about some nominations that were sent to us on another body that doesn't even involve that's not under the housing committee that's actually under government operations um and because it seems like the same people not necessarily addressing the issues at hand so I just wanted um I just wanted to make that note on the record thank you thank you councilmember councilmember Robert White uh thank you Mr chairman I um I think we we're hearing some some concern that's that's valid that we should take very seriously as I mentioned at the uh Committee of the whole meeting the the code has a broad uh qualifications for members of of the board it's a five-member board they have to be DC residents two with experience in mortgage lending uh Finance or finance and um someone with experience two people with experience in Home Building real estate architecture or planning and one representative of the community or consumer interest uh so these are broad uh categories uh seems like a lot of people would qualify if it is the case that not a lot of people want to do it then we have to ask sometimes why um and that why would be very important and the why may have to do with what we're debating here uh a perception that you have to be plugged in and and so we do have to start to change things um I I haven't heard any specific concern about the these specific nominees um and but I think it is I think it is clear that there's a discomfort with the the lack of the pool whether it's by lack of effort or something else going on um so I'm going to vote present on these because there I don't have a specific concern with these nominees but I do have a concern that we are not looking broadly enough or that people are not interested in joining this board for some reason that we need to understand um so my hope is that we will start to look at uh councilmember Silverman's Bill to understand if we need to change the qualifications or however we get to that why why are we here with with people who have a vested interest in the Housing Finance Agency being on the board we have to get to to the bottom of that so I think we have an opportunity here and hopefully we can work in the housing committee to dig into a qualification so that we don't end up here because my sense is that folks are going to start voting no and increasing numbers on these types of nominations thank you Mr chairman thank you customer Wayne that's where Trey on one yes my question is to council member bonds um I see um listed on their website uh they have four active members with the vacancy and the chairman position do we know uh how many uh new people have maybe recommended to the board in these two-year Cycles I do not have that information but I certainly can get that um I guess since you've been a chair of the housing committee have you been seeing any new recommendations of people that's been brought to the council um and have we uh because I know it was another chairman that was there uh I guess a few years ago actually and so I'm anticipating they want to recommend someone else but do we know that there are other people that's come to us that we have looked through outside of the normal people that's been there for this period of time um I think they all are the normal people that I know of but um I have seen three other um nominees yes and those nominees came before the council no they yes they've come before the council yes because they were nominated and the resolutions moved forward to the council Miss Howard is one of the individuals in this this group of individuals okay her turn her chain is not up at the moment because I don't see her she yes she had a one-year term and so she's being re-nominated we just approved her okay so she has one year and others have two years um Mr okay Mr Irving he came before us in 2015. he said during my tenure yes ma'am okay and Mr Jackson in 2016. so all three are those individuals who came before the council during my tenure if that's your question and I I think I remember Miss Howard was on the consent agenda these two were pulled off at the accurate or today yes it is thank you around customer repento thank you Mr chairman oh um I think there is an understandable and necessary appetite to be more exacting with our nominations um especially when it comes to housing and these projects that are being reviewed and making sure that there are clear rules in place around conflict of interest and Reporting and I think that we should continue working on this I as I hear some of our colleagues speak I'm not hearing specific concerns with these nominees but more just a broader concern to make sure that we are either looking at a broader pool of applications or having clearer rules and so I'm going to be supporting these nominees today as we look for other ways to try to achieve what I think is our shared desire here of making sure that there are fair opportunities for all and and no kind of pay-to-play activities going on thank you Mr chairman if I could just add um staff just gave me the information that indicates that as the as when we presented the resolutions it was made clear that these were nominations from May of 2021 so these are technically retroactive nominations which would be for the two years and they are they will have approximately a few months because they expire in June 28th of 2023. oh thank you for that clarification I'm also going to be uh voting in support I've heard nothing either here in this debate or outside of this debate uh that has questioned the service of uh Brian Scotty Irving or Stanley Jackson and I would go further and as I reflect I have not heard that the Housing Finance Agency board has been making a lot of mistakes or admired in Scandal uh so I think it might be salutatory to the mayor that she should be looking at some how do I want to put this a fresh pool but I'm comfortable with voting for these folks today uh recognizing that they have served and served without controversy and that the Housing Finance Agency has done pretty well um in this fear of our housing agencies so again I'll be in support if there's nothing further on this we have um uh pr24-776 before us uh Madam Secretary would you call the roll Council Robert gray is absent councilmember Henderson Mr Mr chairman can we get a roll call please uh the secretary is calling the role right now I'm sorry Mr chairman I mean as you know I this I'm rarely remote but I was looking for the button to speak up Madam Secretary please continue councilmember Henderson um present councilmember Henderson will be recorded as president councilmember Lewis George no councilmember Lewis George vote snow councilmember McDuffie yes councilmember McDuffie votes yes chairman mendelsohn yes chairman mendelsohn votes yes councilman Adele no councilman benedo votes no councilmember Pinto yes councilmember Pinchot votes yes councilmember Silverman uh no councilmember Silverman votes no councilmember Robert White president councilmember Robert White will be recorded as president councilman betray on white yes councilmember Tran white votes yes councilman by Alan yes member Allen votes yes councilmember bonds yes husband Bob Barnes votes yes councilman but Shea no votes no Mr chairman there are six yeses four no's two presents and one absent uh the resolution has approved we have pr24-778 District of Columbia Housing Finance Agency board of directors Stanley Jackson confirmation Revolution 2022. councilmember bonds thank you chairman uh this um Mr Stanley Jackson was nominated for reappointment as a member of the Housing Finance Agency board of directors representing Community or consumer interest for a term to end on June 28 2023 and he is first appointed to the houses um board of directors um continuously serving since 2016. he is president and CEO of the Anacostia Economic Development Corporation Mr Jackson has over three decades of Housing and economic development experience service in key private public and non-profit leadership roles during his tenure with the district he directed The District's participation and development of over 6 700 units newly constructed and rehabilitated affordable housing for seniors special needs and a very low to moderate income District residents um he also served in our government as the deputy mayor for economic development I move his nomination forward we have the resolution before us is there a discussion um request a roll call early okay um if there's no discussion we'll have a roll call Madam Secretary would you call the roll councilmember Henderson present councilmember Henderson will be recorded as president councilmember Lewis George yes comes from the Lewis George votes yes councilmember McDuffie yes remember McDuffie votes yes chairman mendelsohn yes Cameron Mendelson votes yes councilman Joe yes councilmember nadeaux votes yes councilmember Pinto yes councilmember Pinto votes yes comes from the Silverman no councilmember Silverman votes to know councilmember Robert White president councilmember Robert White will be recorded as present husbandry on white yes I'm from betray on white folks yes councilmember Allen yes present councilmember Chief well sorry will be recorded as present and councilmember gray is absent Mr chairman there are eight yeses one no three presents and one absent the resolution is approved the next measure on the agenda is and we're now under emergency legislation District government family bereavement leave second emergency declaration resolution 2022 councilmember Silverman yes thank you Mr chairman we passed emergency and temporary legislation in early 2021 and extended it in early 2022 when a loss experience by one of our D.C public schools teachers made it clear that we needed to improve our workplace lead policies with the current temporary set to expire on November 19th I am moving this emergency legislation today while the permanent bill is finalized um dealing with the loss of a loved one is one of the most difficult circumstances we face as human beings determining how much paid time off we give our D.C government workers to grieve and process that loss is one of the most difficult and challenging decisions we face as policy makers we all want to provide compassionate Fair paid bereavement benefits for our workers before the Last Supper by our D.C Public Schools teacher and the actions to update our law on an emergency basis DC government provided only three days of bereavement leave under any circumstances there was also no paid medical leave other than six days that's why the earlier bills in today's legislation does expand that to provide an additional 10 days to parents who lose their minor child or for women who experience stillbirth there is also a pending permanent version of this bill which was re-referred to the committee on health this past summer I understand the health committee uh mark it up and move it to the full Council by the end of this year I want to thank council member gray um in his absence for his work here and I look forward to voting for the permanent version soon thank you Mr chairman uh I encourage my colleagues to support the Declaration thank you councilmember Silverman we had the Declaration before us is there discussion Madam Secretary would you call the role the voters on pr24-1026. councilmember Lewis George yes I'm Louis George Fields yes councilmember McDuffie yes chairman mendelton yes Cameron mendels and votes yes councilman Bernardo yes Roman nadeaux votes yes councilmember Pinto yes remember Pinto votes comes from the Silverman yes remember Silverman votes yes councilmember Robert White yes councilmember Robert White votes yes councilmember Treyon white yes councilman betray on white votes yes councilmember Allen yes councilmember Allen votes yes councilmember bonds yes on the Barnes votes yes councilmember Shea yes number Jay votes yes customer degree is absent and council member Henderson yes remember Henderson votes yes Mr chairman there are 12 yeses and one absent the declaration has approved unanimously uh the underlying Bill Bill 24-1075 councilmember Silverman I moved the underlying emergency Mr chairman we have the bill before us is there discussion since the Declaration was approved unanimously we'll do a Voice vote I'm Bill 24-1075 all those in favor say aye aye are there any no votes I'm secretary I don't see or hear any no votes do you agree couldn't get off of mute agreed Mr chairman the bill was approved unanimously the next measure is Creak assistance Fund emergency declaration resolution of 2022 pr24-1030 councilman say oh thank you Mr thank you Mr chairman uh today on behalf of the mayor I'm moving to Creak assistance Fund emergency Amendment act and Declaration of 2022 as members know during the public health emergency residents across the district face unprecedented Financial hardships with many struggling to pay rent and utility bills but for this council's actions establishing moratoria on both evictions and utility shutoffs as well as requiring landlords and utilities to stand up payment plans many met residents may have lost their homes or have had their utility service shut off during the pandemic I do want to note however that DC water did proactively act to hold shut-offs for customer non-payment and I applaud them I applaud them again for that decision unfortunately although the public health emergency has come to an end many residents are still reeling from the financial effects of the public health emergency and the covid-19 pandemic the numbers still struggle to make ends meet including paying rent and utility bills it's critical that we ensure that available funds are able to be put toward providing relief for these residents especially those at imminent risk of having their service being shut off this emergency legislation would amend the eligible uses of amounts in the clean River's impervious area charged Creak assistance fund to include providing relief to low-income residents residents eligible for Relief would include those at 100 Ami or less and who due to amounts owed to DC water are at risk of their service being shut off during fiscal year 23. I'll note the mayor used amounts in the Creak fund for low-income relief during the pandemic as well as this what we're offering today ensuring that those dollars went as far as possible specifically the legislation would authorize the mayor to redirect amounts in the fund but caps those amounts to dollars that remained in the fund at the end of the fiscal year on September 30th 2022 that exact amount is uncertain but based upon my conversations with agent with the agency and our budget office I anticipate that this will be between five hundred thousand dollars and 1.4 million dollars those are amounts remaining after all non-profits and residential customers that applied for and were found eligible for creeperly have received funds under the program so this should not prevent any household or non-profit from accessing relief under the Creak program and I anticipate those customers struggling the most to pay their Creak fee are also facing the most difficulty paying their water bills more generally so this emergency will serve to meaningfully direct those dollars to those who will most benefit from Financial relief separately the emergency also includes two technical fixes to emergency legislation we adopted in September on the battery and electronic stewardship programs run by Doe that legislation inadvertently on just one more line couple of lines inadvertently trimmed off the 2022 deadline for the producers to submit proposed battery stewardship plans to doee this language now reinserts that deadline the Amendments here also clarified that manufacturers are required to accept electronic equipment for recycling and reuse when the same type of equipment is purchased and I would move the uh emergency declaration thank you councilman we have the Declaration before us is there discussion the vote will be on pr24-1030 Madam Secretary would you call the roll councilmember McDuffie yes remember McDuffie votes yes chairman Mendelson yes Cameron mendels and votes yes councilman benedo yes councilman Joe votes yes councilmember Pinto yes remember Pinto votes yes councilmember Silverman uh yes I'm Robert Silverman votes yes councilmember Robert White yes it's not a Robert White votes yes councilman patreon white yes betrayal white votes yes councilmember Allen yes I remember Alan votes yes councilmember bonds yes on the bonds votes yes councilman but she yes number Jay votes yes councilmember gray is absent councilman by Henderson yes remember Henderson votes yes and council member Lewis George yes George votes yes Mr chairman there are 12 yeses and one absent thank you Madam Secretary the Declarations approved unanimously we have the underlying Bill built 24-1083 councilmember Chang so move is there discussion and see decoration was approved unanimously we'll do this by Voice vote uh the vote is on Bill 24-1083 all those in favor say aye opposed Madam Secretary I don't see or hear any no votes do you agree I agreed Mr chairman the bill was approved unanimously the next measure is Coronavirus immunization of school students emergency declaration resolution 2022. ER 24-1022 councilmember Henderson thank you Mr chairman um this measure was introduced with your support after after the committee of the whole held a public Roundtable on October 11th of this year on the enforcement of the district's no shots no schools policy for school year 2223. at that Roundtable we learned what we had suspected was true that after years uh well Decades of not enforcing our vaccination mandates for students and after two years of the pandemic in which vaccine misinformation spread like a virus District education leaders have encountered difficulties in convincing families to make Health choices for their students that conform with the best practices best public health practices at that hearing we also learned some of the difficulty in enforcing the vaccine mandates um for example the city uses three different databases to track vaccine compliance and at the time of the hearing the data the databases were not completely aligned um we also learned that parents were more willing to be compliant on the routine Pediatric and vaccinations such as measles mumps polio in comparison to the covid-19 vaccinations and discussed how the covid-19 landscape has changed almost a year ago when the council voted to pass the legislation I introduced coronavirus immunization of school students and early childhood workers in a med Act of 2021 the district was a mist of an unprecedented surge of covid-19 cases stemming from the new Omicron variant I didn't introduce that bill with the knowledge of the Omicron variant but the rising cases did lend urgency to the council accomplishing this goal prior to the winter School term now Science and Technology are more on our side than in December of 2021 most of the vaccines have full FDA authorization only those for children five and under are still operating under emergency use while we are still dealing with Omicron variant the CDC has approved violent boosters and just two weeks ago signed off on an updated first vaccine for children that will be more effective at preventing illness caused by the ba-4 and the ba-5 Omicron variants against which the original vaccines had comparatively limited efficacy a year ago we approved a measure that seemed to be our best chance at containing this virus we have more tools at our disposal now not only are vaccines that prevent hospitalization and death but antivirals for the most vulnerable as the virus mitigation landscape changes I believe the district's approach must evolve as well with these consideration in mind I asked my colleagues to support this measure that delays the enforcement of the covid-19 vaccine mandate to school year 2324 I think it's in the best interest of our students to delay enforcement of this provision um students can still get their covid-19 vaccinations in the meantime and we would certainly encourage them to do so but they will not be excluded from school over that um Mr chairman can I just have a little extra time I see the clock ticking down without objection um we must make policy as realist and the reality of the situation is that the information vacuum created by the pandemic also created opportunities for falsehoods to flourish we have to meet people where they are and many people still aren't ready to accept this particular treatment we also don't want to exclude students from the classroom after working so hard with our education leaders to get them back into school in person this extension will ensure that students have time to receive the most update and effective disease prevention treatments allow parents and students the additional time they need to better get better educated about the covid-19 vaccine efficacy and merits and Grant the district a bit more time to reconcile its databases upon which it will make student exclusion determinations with that I moved the Declaration thank you councilmember Henderson discussion House member Lewis George then Pinto then Tran White uh thank you chairman um I think what we saw when we we were all at the hearing uh together and what we uh one of the things we saw with the routine pediatric immunizations was that thousands of students got into compliance at the very end um literally the numbers changed over the weekend um because and and I think I think they got into compliance because at the very end they saw that the district wasn't going to change their minds and so I'm worried that we lose credibility when we change our minds like this and so I'm wondering what commitments do we have from the executive to continue promoting Kobe vaccines and working with families to get vaccinated to protect themselves and others I think I would love to hear just some of those commitments because as a city with one of the highest rates of childhood respiratory issues right now I don't want us sort of delaying implementation to signal in any way to the May player or the public that we are taking our foot off the gas on getting our families to receive their primary dosage rounds so if you could speak to that councilmember Henderson um I don't have any specific commitments on that I will say um the district set up covet centers to have a more permanent presence in every Ward the covet centers are open most cases six days a week until 8 PM in some cases they also offer masks flu shots tests that individuals would need and there's been no indication from the executive that they plan to roll any of that back at this particular State um and there has no been no indication from DC health or from Aussie that they plan to roll back their Communications to families as well in terms of the importance and efficacy of all immunizations okay I appreciate that um and I although I'm reluctant I'm gonna I we we need students in schools I think that's at the end of the day we need our students to be in school and learning um um so I'm I'm hopeful that we will continue to keep our foot on the gas no matter what as the council um to to make sure we're everything is happening that needs to make sure our families are getting up to date thank you thank you councilmember councilmember Pinto thank you Mr chairman and I want to thank you and councilmer Henderson for working on this issue and trying to be responsive to the ever evolving nature um of covid but I am not supporting this measure today um I don't think we should be extending the date of compliance for students to receive Copa 19 vaccines until next school year as we have already extended the date of compliance we know that covid-19 vaccines are safe in the most effective way to prevent serious illness hospitalization and death I want to address briefly three arguments that have been made to delay the enforcement date first that we are in a different place with covid now than we were when we passed this bill last spring during the Omicron surge while it's true that case rates are currently lower than they were last spring this is in large part due to people getting vaccinated we're also entering winter which is when we experienced a spike last year and health experts including the White House covid-19 response coordinator Ashish jaw are expecting a spike in cases in the coming months case rates are spiking again in Europe and they tend to precede Us by about four to six weeks the second argument I've heard is that children are at lower risk for severe covid but the reality is that children are still Contracting covid-19 and spreading it to those around them a study by Harvard Medical School found that children have as much or more coronavirus in their upper respiratory tracts as infected adults and that a child with mild or no symptoms may have just as many viral particles as a child with more severe symptoms we need to be doing everything we can to keep our kids and School staff and teachers healthy and safe especially as we continue to face teacher and substitute teacher shortages in our city and finally I want to address the argument that we shouldn't be requiring the kova 19 vaccine when the bivalent vaccine is on the way I don't believe this is in line with the CDC guidelines the CDC recommends that children who have not received a single dose of covid-19 of the vaccine should get vaccinated as soon as they can and for those who are already vaccinated they should get the bivalent booster for additional protection the current vaccine is still effective and we should not use the Bible in booster as a reason not to enforce covid-19 vaccine mandate this winter lastly I want to know my deep concern that by extending the deadline once again we are jeopardizing our ability to enforce other vaccine mandates down the line and that we are unintentionally feeding into vaccine misinformation that they're ineffective so I won't be supporting this measure today for those reasons thank you thank you councilmember Pinto councilmember Trey on white thank you chairman I'm happy to see that we are dialing back on the requirements that school-age kids have to be vaccinated in order to get uh in school education uh the conversation evolved from mandatory vaccines and hope to stop a person from receiving or passing the virus uh to mandatory vaccines to keep people from dying uh to this virus people from sorry foreign vaccines I hope to stop a person from receiving and passing the virus to mandatory vaccinations to keep you from dying to the virus having a new strain to a booster to another abuse booster into a new booster just two weeks ago uh this was a new phenomenon for us all and we all had to figure it out by being smack dab in a crisis the government I believe overstepped its boundaries circumventing parental approval to vaccinate children um I think that need to be dialed back as well the CDC has not recommended we require students to be back vaccinated to go to school and so although we're pushed into next year I think this is the beginning of the start of evolving as we grow as a council and learn more of the effects and the evolution of this virus thank you thank you councilmember further discussion um as Mr chairman please note that councilmember Silverman wishes to be recognized as well all right councilmember Silverman and then me and then councilmember Henderson thank you um Mr chairman um in listening to that conversation right now and at the breakfast meeting this is a difficult vote because we all agree um on this day as that the coveted vaccine is safe and effective we want all of our residents who can't be vaccinated and boosted to do so for their own health uh for the Health and Welfare of their families and and for our health as a city is I think councilmember Pinto mentioned but the reality is there are so many residents who are not vaccinated and many of those residents or school-aged children um in the breakfast meeting a number was cited that there are 23 000 school-aged children not vaccinated uh if I'm not mistaken that would be one out of four of our public school students about uh and and that's what makes this difficult um I don't want to put a policy in place uh that's going to keep those kids from school right now um I think it was said before by another colleague but we need to move the needle on getting these kids vaccinated uh whether it be continuing to persuade parents the vaccine is safe or I think this was suggested in the breakfast meeting again setting up mobile clinics at schools to make the vaccine uh as easily accessible as possible whatever it takes um I'm also a reluctant yes today um because I want kids in school but we also need to move the needle on increasing the vaccination rate uh during during this delayed implementation thank you uh I know councilmember Henderson and Mr chairman you put a lot of thought into this so I thank you both thank you councilman Silverman councilmember Allen thanks Mr chairman um I'll kind of echo a couple of sentiments here that I have heard which is uh this is a really this is a really tough vote um as I have weighed this and talked with lots of parents um around what they um what they think and their concerns their continued fears around um the spread of covid this vote seems to really try to come down to we're being asked to make a choice between two Harms and trying to be to some degree realistically weighing which harm um is an acceptable harm which is an incredibly difficult thing for us to to have to think through um and I hope it's stated strongly and unequivocally that we want children vaccinated vaccines work they are safe they are effective and we need to have every child be vaccinated and then we're also faced the reality that tens of thousands of students would not be able to be in school and in class and seeing the reality of the the Stark and steep impact that that has on those students in school and Beyond just the academics everything else in that student's life the resources the connections the supports I this is a tough one um but I am going to support this today um not because I don't believe that every single kid needs to be vaccinated but because I believe the harm of having that many kids pulled out of our school system would be incredibly detrimental and it is just a very difficult vote to cast to try to figure out between two different harms uh which one we go with today um so I I hope everyone understands the wrestling that many of us are feeling around this but the recognition of of it moving forward thank you Mr chair thank you councilman councilmember Shea thank you Mr chairman and um councilmember Allen has it just right uh we're being asked to wait uh two things and it's very difficult although I do want to say that perhaps one of the reasons why many thousands of children have not been vaccinated is because we have signaled that we we are not going to take seriously requiring the vaccinations we haven't tried uh efforts like having as I said this morning you know pop-up vaccination clinics right around schools you know so that students who are otherwise not vaccinated could get vaccinated right then and there and go walk right through the schoolhouse door um we are sending a very very bad signal here and um we have we have created this difficult choice these these two uh binary uh outcomes and um it's hard to determine which which is worse I I I'm this is uh extremely difficult and hard to uh measure uh you like to think that well at the end of the day if you think hard enough about it you'll know where you're going to come out and it's still for me uh indeterminate so um I I may I may just vote present because I can't I can't pick my um I can't pick my poison here thank you Mr chairman uh thank you councilmember Jay councilmember bonds yes um thank you chairman um I will be supporting um today's legislation with the hope that we will put in place a plan such as that proposed by councilmember Shea where why we are going to delay it we also can make sure that immunization can come to the schools where the kids are thank you chairman thank you councilmember bonds um I'm going to say a couple of things first of all it's not correct to say that we haven't tried uh the community of the whole had a hearing on October 11th there was testimony from a number of public Witnesses and then representatives from the Department of Health DT Public Schools hasi the charter school board and the deputy mayor for education and what was said at that hearing is that the executive agencies have actually tried very hard and done a lot with regard to expanding access to vaccines I mean incredibly they had Personnel stationed in many of the schools and had mobile clinics they had multiple sites where people could go the cost of getting a vaccine getting vaccination was eliminated they tried in so many different ways there wasn't a question that came out of the hearing whether the executive was trying but in my view this legislation and I support this legislation I'd better since I'm co-moving it with councilmember Henderson is not because for me it's not because the take-up rate with coveted vaccine uh is lower than with the other vaccines it's because I think it is time to question whether we should have a mandate in place for this vaccine now this bill doesn't eliminate the Mandate it simply puts it off for a year which gives us time to look at this more I want to say this this Council has been very good about adhering to the science for what three years now two and a half years now over and over again we have seen the country Rife with controversy over whether to wear masks and whether to shut down or whether to reopen and all along we've been following the science and a year ago the science was pretty clear not enough people were getting vaccinated people should get vaccinated the Omicron or the Delta I can't remember which variant was on the verge of surging and we thought it was going to be more lethal not only were we focused on mandating vaccines but we were very concerned that we were just going to see this pandemic get worse and continue that's where we were a year ago and councilmember Henderson came forward with legislation to impose a mandate this looked like something that was going to be picked up around the country right around the time California the state of California adopted a mandate Statewide uh dude we seem to be very much in step and following the science a year later where is the science I just now checked the CDC website it does not say school should mandate fact the coveted vaccine it does not say that the science does not say the Mandate is what they recommend um in addition what we're seeing is that some of the jurisdictions that had it uh councilmember Henderson I believe you said this morning California has has postponed the mandate uh what we're seeing is that the pandemic is evolving into more of an endemic and so it's a different situation but this legislation doesn't say kill the Mandate and as again I repeat this is not in in um my view oh the take-up rate is low and therefore no it's what does the science say and the science if anything suggests that maybe we should think about this more and I've said that we will have a hearing in the spring to look at this and so I think it's completely appropriate to move forward with this legislation that with regard to the covert vaccine says let's wait till next school year and sort this out a bit more and understand the science and understand where the um covid virus is going so that's why I'm supporting this for uh councilmember Henderson you were next um thank you Mr Sherman I just wanted to address something that both councilmember Bobs and councilmember Shea brought up um in terms of the number of clinics and appointments that were made available um but I did have a conversation both with Dr Farley at the hearing and then Dr Lewis at the head of school or the interim or acting head of DC health because I've said something similar at councilmer purchase like if we know that XMR students are all missing the same vaccine why can't we just bring the vaccine to them have their parents sign a permission slip and just Do It um and unfortunately uh health insurance gets involved outside of covid when you're talking about other immunizations and then they also brought up some other logistical challenges with that um but I know it's hard for us to remember back to a year ago but we gave out air pods we gave out gift cards we gave out college scholarships I think we've done a lot on our front we've had mobile clinics and have really I think stepped up our work with um community-based organizations to increase Public Health Awareness around the importance and efficacy of vaccines prior to this meeting I circulated amongst the colleagues the latest reporting from the back to school safely reporting emergency act I think that councilmember Lewis George introduced where we are required we're we're DC health and osse are required to send us bi-weekly updates on the numbers of compliance and I just want to say where we are as of October 24th um for the record and I'll just give you a couple of Lea examples as opposed to uh bringing up specific schools so um for routine pediatric immunizations the non-compliance rate for DCPS right now is 23 now I know that seems high but I think people need to also keep in mind that we haven't started the enforcement for middle and high school grades yet um in contrast the non-compliant rate for DCPS for the covet vaccine is 44 percent um another Lea that has multiple campuses friendship Public Charter School the non-compliant rate for routine pediatric vaccines is 22 percent whereas the non-compliance rate for covet is 60 percent so we have students who and their families who are choosing to get vaccinated in terms of the routine pediatric vaccines um but are making a different choice in terms of covid um and I think this data kind of bears that out a little bit more thank you Mr chairman thank you just a follow-up question about this customer um councilmember Henderson um you're saying things were done the chairman said things were done um but you also started to identify maybe what the obstacles are if it's insurance or money we can take care of that if it's uh ready access for more frequent access to covid vaccines we can take care of that but I fear that it's a simple uh unwillingness based upon uh stuff that goes out there in The Ether about whether this is safe and all the rest of that the anti-vaxxers are having um they're having their day on this and I think that we add to that by saying I know you're saying the chairman saying that we're just postponing it but we're on our way to saying we're not going to require it well the same is true of other vaccinations people may have qualms but do they have a right to subject other people uh to illness whether it be teachers or staff or other children it seems to me that if this is if covet is still a serious problem maybe we don't think it is but if it is then it seems to me we ought to take steps just like we do with other serious transmissible disease and require vaccination and if there are these obstacles we can overcome them I'm not sure which is why I have this hesitancy I'm just not sure that we've taken all the steps we can like for example paying for the vaccine or what have you uh to get people to comply and we're encouraging them now not to comply thank you I'm going to jump in here and read from the Department of Health's testimony the first strategy was to ensure immunization access to All Families across the district there are now more than 15 50 5-0 standing Clinic locations in the District of Columbia where families can access routine pediatric immunizations for their children we worked with our partners to hold 37 mobile clinics mostly at schools and 25 vaccine exchange clinics we also opened the doors of Seven school-based health clinics to all children through September starting in August DC Health worked with Children's National unity and Marriage Center to begin holding weekly special vaccination only clinics for families that were unable to schedule routine well-child exams in time for the start of the school year beginning last week Children's National opened high volume vaccination opportunities at five clinics across the district these clinics are open from Monday through Friday as well as weekend and evening hours to accommodate families who may not be free during traditional hours this week we announced an additional partnership with Safeway to offer high volume vaccination only clinics during the week the pre-k through grade 5 students are scheduled to be excluded from school due to non-compliance with immunization requirements and it goes on for another page or two if you want me to read it but the point is that they actually have done a lot to increase access councilmember Pinto thank you Mr chairman and I would agree that the city has done a lot to increase access and some of the examples that councilmember Henderson cited around scholarships and iPads and gift certificates I think played a big role in that and I also think vaccine requirements played a big role in that um and as councilman Lewis George mentioned when we looked at across other categories that the weekend or week before enforcement was set to start then numbers really went up and so we know this can be effective we still have a couple of months before compliance I want to just lastly read from the CDC website since we're citing different recommendations this is in response to the question should parents and caregivers wait for updated or additional vaccinations even if a child's risk of inspection is low the CDC says parents and caregivers should get their child vaccinated as soon as vaccines are available to them getting vaccinated provides the best protection question against serious illness if a child gets infected with the virus that causes covid-19 since there is no way to tell in advance how children who are not moderately or severely immunocompromised or those who may be a child can be immunocompromised and still healthy will be affected by Copa 19 and it's important to get them vaccinated as soon as possible to protect them from severe illness so just wanted to add that to this discussion because it seems like a lot of people are saying we still think the covid-19 vaccines are safe but and I would just say we're only on November 1st we have a little bit of time and let's try to use this tool to get as many folks vaccinated as possible especially our kids to keep them safe and our teachers safe if there's no further discussion we'll have a roll call vote on the Declaration the roll call is on pr24-1022 Madam Secretary chairman Mendelson yes Cameron mendelsohn votes yes councilman Minato yes councilmember Joe votes yes councilman Pinto no councilmember pinch about snow councilmember Silverman yes councilmember Silverman votes yes councilmember Robert White yes councilmember Robert White votes yes comes from betray on white yes councilman betray on right votes yes councilmember Allen yes comes from Maryland votes yes customer number bonds yes councilman present councilman mache will be recorded as present councilmember gray is absent councilmember Henderson yes remember Henderson votes Yes councilmember Lewis George yes customer councilmember Lewis George votes yes and councilmember McDuffie yes councilman McDuffie votes yes Mr chairman there are 10 yeses one no one president and one absent the Declaration is approved and the underlying Bill Bill 24-1069 councilmember Henderson um so move Mr chairman but at this time I would also like to move an amendment in the nature of a substitute which had been circulated um okay can I actually speak to explain um upon or viewing the bill the general counsel recommended some changes um to the emergency and temporary bills some of which were technical um that corrected some drafting errors um but it doesn't change the underlying impact thank you uh we have the amendment nature of a substitute before us if there's no objection we were treated uh as um accepted without objection is there any objection hearing none it's accepted we have the bill as amended is there discussion um since the Declaration was approved we'll do a Voice vote on this if anyone wants to be recorded as nowhere present please speak up after the vote uh on the bill bill 24-1069 as amended all those in favor say aye aye are there new pose pricing uh councilmember 2 will be marked president no this is on the bill as amended this is on the bill no the bills approved councilmember Pinto will be recorded as no and councilman Che will be recorded as present the next measure is criminal justice involvement reduction emergency declaration resolution of 2022 pr24-1027 council member Robert White thank you Mr chairman this emergency and temporary legislation would continue in law requirements that the criminal justice coordinating Council or cjcc submit reports to the mayor and the council to determine what factors programs or interventions effectively prevent District youth from entering the Juvenile and criminal justice systems and to analyze the types of school-based incidents that lead to law enforcement referrals or arrests the prior criminal justice involvement reduction temporary Amendment Act of 2021 to which this renewed legislation conforms will expire on November 13th of this year while the cjcc provided the first two of three critical reports it is important that the provisions of the existing emergency and temporary legislation continue in effect without interruption until a permanent version of the legislation becomes law the first study identifies the protective factors programs and interventions that are most successful at keeping young people out of the Juvenile and criminal justice systems the second study analyzes protective factors that reduce the risk of distributes entering the Juvenile and criminal justice systems and includes recommendations informed by best practices and other jurisdictions on which factors programs or interventions effectively prevent distribute from entering the Juvenile and criminal justice systems such as access to stable housing nutrition assistance Health Care violence intervention early intervention and educational recreational and youth programming the third and final report is due by October 1st 2024 and the final report the cjcc will analyze the types of school-based incidents that lead to law enforcement referrals or arrests and weather factors such as economic resources race individualized education program eligibility mental health conditions School location and school resource officer assignments statistically affect the likelihood of enforcement referrals or arrests move the criminal justice involvement reduction emergency declaration resolution of 2022. thank you councilmember white we have the Declaration before us is there discussion the vote will be on pr24-1027 Madam Secretary would you call the role councilmanito yes councilmarnado votes yes councilmember Pinto yes remember Pinto votes yes councilmember Silverman yes remember Silverman votes yes councilmember Robert White yes House member Robert White votes yes councilmember Trion White House member Treyon White councilmember Allen yes yes councilmember bonds yes on the bonds votes yes councilmember Shea yes comes from achieve votes yes councilmember gray is absent councilmember Henderson yes Henderson votes Yes councilmember Lewis George yes Louis George votes yes councilmember McDuffie yes remember McDuffie votes yes chairman mendelsohn yes Cameron Mendelson votes yes Mr chairman there are 11 yeses and two absents thank you Madam Secretary the declaration has approved unanimously we have the underlying Bill Bill 24-1077 councilmember White so moved discussion Mr Declaration was approved unanimously um I'll do this by Voice vote the voters on Bill 24-1077 all those in favor say aye aye are there any no votes um secretary I don't see or hear any no votes do you agree agreed Mr chairman the bills approved unanimously the next measure is advisory neighborhood commission's pandemic Provisions extension second emergency declaration resolution of 2022 pr24-1028 comes from her white thank you Mr chairman this legislation will continue two Provisions from prior emergency and temporary acts to ensure our ancs have the flexibility to serve their constituents effectively and efficiently during the public health emergency a number of agencies around the city found that attendance and public engagement at remote meetings was much higher than they had seen at in-person meetings prior to covet they also found remote meetings to be more efficient and easier for Commissioners to balance their commission responsibilities with their jobs personal lives and child care needs other ancs found that they lost engagement from members of their community that were less comfortable with technology and missed something from in-person engagement both of those experiences are valid the further the future likely lies in hybrid meetings and our committee has provided funding to permit those as well in the meantime we believe that ancs themselves are best situated to understand whether their Community is best served through remote hybrid or in-person meetings this legislation therefore will continue to authorize uh continued the authorization for ancs to meet remotely if they wish and also tweaks to various elections Provisions to ensure an in-person meeting is not required for elections finally the legislation continues existing Provisions to ensure that residents incarcerated at the DC jail can elect a commissioner and that their commissioner can participate in their ANC since we passed the last version of these bills however the Judiciary Committee has permanent legislation that will either enact or otherwise affect those Provisions that legislation is not yet law and parts of it are subject to Appropriations this emergency and temporary law incorporates technical changes to match the language of the relevant sections of the upcoming permanent law to avoid unnecessary confusion I want to thank the Council budget office the mayor's office the cfo's office and the department of Corrections for their partnership in ensuring we could pass this legislation today and that the costs will be absorbed by the agency doing so will ensure that our residents at DC jail can continue to vote and be represented without any gaps while we work on funding permanent legislation I move the advisory neighborhood commission pandemic Provisions extension emergency declaration resolution of 2022. thank you councilmember white it's actually the second emergency declaration we have it before us is there discussion uh the roll call vote will be on pr24-1028 Madam Secretary councilmember Pinto yes councilmember Pinto votes yes councilmember Silverman yes remember Silverman votes yes councilmember Robert White yes councilmember Robert White votes yes councilman betray on white councilmember trean White house remember Allen yes remember Alan votes yes councilmember bonds yes on the bonds votes yes yes but Jay votes yes councilmember gray is absent customer Henderson yes remember Henderson votes yes comes from Bill Lewis George yes remember Lewis George votes yes councilmember McDuffie yes I'm a McDuffie votes yes chairman Mendelson yes Mendelson votes yes councilman monogam yes remember nadeaux votes yes Mr chairman there are 11 yeses and two absents thank you Madam Secretary the declaration has approved unanimously we have the underlying bill build 24-1079 councilmember White so movement to Chairman discussion this declaration was approved unanimously we'll do a Voice vote on this votes on Bill 24-1079 others in favor say aye aye are there any opposed um secretary don't see you hear any no votes do you agree agreed Mr chairman the bills approved unanimously the next item is foreclosure moratorium and homeowner assistance fund coordination emergency declaration resolution of 2022 pr24-1029 um councilmember Lewis Jordan yes uh thank you chairman today I am moving a continuance of the Foreclosure protections for homeowners who apply to the DC homeowner assistance fund program before September 30th the deadline set by the council for phasing out the pandemic related foreclosure moratorium initially put in place back in 2020 as my colleagues will recall the federal government promised The District 50 million dollars and homeowner relief to cure housing debts such as mortgage payments utility bills and condo fees that were cured during the pandemic that money was made available to The District in the spring in the Department of Housing and Community Development fully opened the dcha HAF program in late June uh the 2024 closure mediteria remained firmly in place as financial assistance was being stood up and then began to be phased out over the summer with the expectation that homeowners would need to take action to cure their debts in order to remain eligible for foreclosure protections more than fifteen hundred homeowners applied for HAF funding before September 30th yet most of the applications remain unprocessed dhcd is working as quickly as they can but it is a complicated process coordinating with lenders Banks condo boards and more the Foreclosure moratorium extension revision and homeowner assistance fund uh promotion emergency and temporary acts previously passed in June guaranteed protections to all the homeowners who applied for and provided proof of their application to the dchaf program until quote such time as dchaf payments can be made with the underlying foreclosure moratorium extension expiring this month this new round of emergency and temporary measures reaffirms our City's commitment to preventing unnecessary displacement of homeowners who took timely action to cure housing debts additionally this measure requires lenders Banks condo boards and others to continue providing notice of the availability of funding from the dchaf program prior to initiating or continuing any foreclosure actions the 50 million 50 million federal funds has not yet been exhausted and by continuing to make homeowners aware of the relief program they may benefit from we can reduce the harms of foreclosure while putting federal funds to good use I want to thank my colleague councilmember Robert White and his team for working with me to ensure this measure better promoted public awareness of dchaf funding and the very unique opportunity HF provides to us to help us our city rebound from the pandemic with that chairman I moved the Declaration thank you councilman Lewis church he has a declaration before us is there a discussion this vote will be on pr24-1029 Madam Secretary would you call the roll council member Silverman uh yes councilmember Silverman votes yes councilmember Robert White yes remember Robert White votes yes councilmember betray on white yes councilmember Allen yes Alan votes yes councilmember bonds yes Transformer bonds votes yes councilmember yes from a chef votes yes councilmember gray is absent councilmember Henderson yes Henderson votes yes councilman believes George yes Louis George votes yes council member McDuffie yes remember McDuffie votes yes chairman mendelsohn yes Cameron Middleton votes yes councilmember Joe yes yes councilmember Pinto yes Robert Pinto votes yes Mr chairman there are 12 yeses and one absent thank you Madam Secretary the declaration has improved unanimously we have the underlying Bill Bill 24-1080 councilmember Lewis George yes Mr chairman um I have an amendment to the emergency which would add an applicability date to the bill to ensure there is no Gap in coverage of foreclosure protection as the previous temporary comes to its expiration Point um I move for the passage of this amendment we have the bill before us and we have an amendment the amendment was circulated by councilmember Lewis George at something like 10 57 this morning to add the applicability data as you just said of November 19th since there's no objection the amendment will be accepted is there any objection hearing no objection the amendment is accepted we have the bill as amended uh further discussion Mr chairman I just have a question yes um uh maybe you or council member bonds or councilmember Lewis can answer um before when we were dealing with the rental assistance program for covid we were also at that time having our weekly coveted call meetings so we could ask questions in terms of update but in reviewing the Declaration that councilmember Lewis George um circulated you know we have nearly a thousand applications still remaining pending at this time I was curious if we have an idea in terms of what DCH or dhcd is doing in terms of trying to clear that backlog um I think when we were trying to get rental assistance out they assigned more staff and did some other things and I'm curious if that is happening here I do not know customer Brands you know or um it's my understanding that one of the hurdles they're still facing is getting both parties to sign off as much as possible but of course you know if um the landlord does not ultimately sign off on it then the remittance goes directly to the tenant um and so it's ridiculous I think they're checking some of the records some of the um information that they had um people are no longer at the address that they were at so there's a complication of making sure that the records are accurate that is the understanding that I have um customer Lewis Church yeah I'm from understanding the review process is taking two to three months on average and it's the lenders Banks condo board that are part of the holdups as well so it's just a lot of moving people in parts got it thank you thank you Mr chairman councilmember Henderson that was all right thank you anything further on the bill as amended all right the vote will be on Bill 24-1080 as amended since the Declaration was approved unanimously we can do this by voice phone all those in favor say aye aye opposed I'm secretary I don't see or hear any no votes do you agree agreed Mr chairman the bill is approved unanimously I will turn to uh temporary legislation and generally what we do is I move them all in Block that would be Bill 24-1076 District government family bereave bereavement leave second temporary Bill 24-1084 Creak assistance fund temporary Bill 24-1070 coronavirus immunization of school students temporary and to be clear for general counsel this will include the Amendments that were made to the emergency Bill 24-1078 to criminal justice involvement reduction temporary Bill 24-1082 advisory neighborhood commission's pandemic Provisions extension second temporary Bill 24-1081 the Foreclosure more time and homeowner assistance fund coordination temporary and that also we the temporary will reflect the Amendments that were made to the emergency Mr chairman can you please move Bill 24 1070 off of the and block boat yes thank you that means I get to recite it again later all right so the um with that adjustment and general counselor we clear to the Z guard 2 including the Amendments from the Temporaries texting me from the emergency uh the one that was removed was the coronavirus one so the vote will be on items one two four five and six and I think we'll do this by roll call that always seems to be the way we go out as with a roll call Madam Secretary Mr chairman uh councilmember Robert White yes remember Robert White votes yes councilmember Trey on white yes I'm betrayal whitefields yes councilmember Allen yes I remember Alan votes yes councilmember bonds yes Amber bonds votes yes councilmember Shea yes but Jay votes yes councilmember gray is absent council member Henderson yes Robert Henderson votes yes comes from Lewis George yes Louis George votes yes councilman McDuffie yes yes chairman mendelton yes chairman Mendelson votes yes councilman Joe yes I'm gonna do votes yes yes Robert Pinto voters councilmember Silverman yes Robert Silverman votes yes Mr chairman there are 12 yeses and one absent uh the five Temporaries are approved unanimously uh I'll move the temporary for Bill 24-1070 the coronavirus immunization of school students temporary Amendment act including the Amendments that were made to the emergency um Madam Secretary would you call the role councilmember Tran White yes councilman white votes yes that's remember Allen yes councilmember bonds yes councilmember Mr President councilmember tree it will be recorded as president comes from the great is absent councilmember Henderson yes councilmember Henderson votes yes councilmember Lewis George yes councilman Lewis George votes yes councilmember McDuffie yes remember McDuffie votes yes chairman Mendelson yes chairman mendelsohn votes yes councilmember Bernadette yes remember nadeaux votes yes husband repento no I remember about snow councilman by Silverman yes for Columbia Silverman votes yes councilmember Robert White yes I remember Robert White votes yes Mr chairman there are 10 yeses one no one president and one absent uh the bill is approved first reading that's going to conclude the business for this legislative meeting we have a committee the whole meeting on November 15th and there will be an additional legislative meeting at that time following that there will be a regular legislative meeting on December 6th the time is 4 40 in the afternoon and this meeting is