AGENDA ITEM #10
November 30, 2010
Action
MEMORANDUM
November 23, 2010
TO:
FROM:
County Council
Essie McGuire, Legislative
Analys~~
l:-~
,~ichael
Faden, Senior Legislative Attorney
\
SUBJECT:
Action - Bill 21-10, Special Capital Improvement Project, Glenmont Fire
Station 18 Replacement
PUBLIC SAFETY COMMITTEE RECOMMENDATION
The Public Safety Committee met on November 22 to review Bill 21-10, and
unanimously recommended approval of the legislation with the following amendments:
Insert on line
6
ofBill 21-10
The County Executive must select a name for new Fire Station 18 that reflects the
history and legacy of the Kensington Volunteer Fire Department in the Glenmont
community.
The Fire Chief, after consulting the Kensington Volunteer Fire Department, must
develop a plan for the potential reintroduction of volunteer firefighters into new
Fire Station 18.
Bill 21-20 as amended by the Committee is attached on circles 1-2.
Today the County Council is scheduled to take action on Bill 21-10, Special Capital
Improvements Project Glenmont Fire Station 18 Replacement. Bill 21-10 was introduced on
April 20, 2010, by the Council President at the request of the County Executive. The Council
held a public hearing on the bill on June 22. The Public Safety Committee met on July 12 and
November 23 to review the legislation and the fiscal and policy issues related to the Station 18
replacement project.
The following are expected to attend:
Richard Bowers, Fire Chief, Montgomery County Fire and Rescue Service
David Dise, Director, Department of General Services
John Fisher, Office of the County Attorney
Blaise DeFazio, Office of Management and Budget
Steven Semler, President of the Kensington Volunteer Fire Department (KVFD), and
Marcine Goodloe, President of the Montgomery County Volunteer Fire and Rescue Association
(MCVFRA), will also attend the worksession and be available to participate in the discussion.
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BACKGROUND
Bill 21-1 0 would authorize the County to plan, design, and construct the Glenmont Fire
Station 18 replacement.
It
is necessary to replace Fire Station 18 because the existing station
must be demolished to accommodate a major intersection improvement at Georgia Avenue and
Randolph Road. The bill, Legislative Request Report, Project Description Form (PDF), and the
Executive's transmittal memorandum are attached on circles 1-6.
The current cost criterion for projects to require Special Projects Legislation under
County Code Section 20-1 (circles 7-9) is $12,863,000. The Glenmont Station 18 Replacement
PDF currently shows a project total of$13 million, and so must be authorized by Bill 21-10 to
move forward past the planning stage. County Code Section 21-26 (circles 10-11) addresses the
title to fire, rescue, and emergency medical service apparatus and facilities, specifically new
apparatus and facilities purchased with tax funds after 1980.
It
also allows for joint ownership of
newly constructed fire stations under certain conditions including a 50% cost contribution by the
LFRD.
At its July worksession, the Public Safety Committee received information regarding the
importance of the intersection improvement and the possible scenarios for reimbursement to
KVFD for the current station. The Committee also reviewed concerns raised in public hearing
testimony regarding costs associated with the new station, and reviewed the construction
timetables for both the road and fire station projects.
The Committee did not make a recommendation on the bill at its July worksession, but
asked the Executive to continue to try to reach agreement with KVFD on either a path to co­
ownership under County Code §21-26 or another resolution to the reimbursement and
operational issues.
STATUS UPDATES
Land acquisition:
On circle 12, Executive staff reports an anticipated closing for the
land for the new fire station before the end of2010, with an estimated cost between $2.1­
2.3 million.
Greater Glenmont Civic Association:
On October 25, the Council received a letter
from the Greater Glenmont Civic Association supporting the relocation plan for the fire station
as a key component in moving the road improvement and other associated capital improvement
projects forward (circle 52).
The Council received testimony in opposition to the project from the Glenmont Civic
Association, Inc., at its June 22 public hearing. Council staff understands that this organization
has filed an appeal on the Planning Board's decision regarding the forest conservation plan for
the Glenmont Parking Garage project as a whole. The new Station 18 will be located on the
same parcel, the "WMA TA Triangle Property". The Council approved this site for the Station
18 Replacement by Resolution 15-1483 in May 2006.
Meetings between the County and
KVFD: As the Committee directed, County staff
and KVFD continued to meet through the summer and fall to negotiate possible solutions to the
ownership issues. On circles 18-19, KVFD outlined several options offered that were not
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acceptable to the County, some of which (such as building the new station on a different part of
the current site and building a station at significantly lower cost) the Committee reviewed in
July.
Council staff understands that, at this juncture, a variation of option #5 outlined on the
top of circle 19 is under consideration. This option would seek to maximize KVFD's
compensation for the current station. KVFD would then use this funding to augment its fire­
rescue services as a whole and the County would construct the new station at its own expense
and for its own ownership. This option is still in process, pending further discussions with the
State Highway Administration regarding what reimbursement may be available to KVFD under
State and Federal processes. Chief Bowers has indicated his intent to continue to support KVFD
in its reimbursement negotiations with the State.
Information on other stations:
In response to Council staffs question, both Executive
staff (circle 12) and the MCVFRA (circles 17-18) provided information about other new fire
stations constructed since §21-26 was amended in 1998 to allow the
50%
funding/joint
o\vnership option.
Five stations have been constructed in the County since 1998 (six ifthe Clarksburg
interim station is included). Of those, three were replacements of existing LFRD stations: Silver
Spring FS #1, Takoma Park FS #2, and Sandy Spring FS #4. Of these, only the Sandy Spring
station was constructed with
SO/50
funding, resulting in joint ownership. The remaining two
(three including Clarksburg) were new stations under MCFRS, Kingsview #22 and Milestone
#34.
MCVFRA and the County both note that the County is in the process of building a
replacement for the Wheaton Volunteer Rescue Squad station, and that the new station would be
constructed under the cost sharing arrangement in §21-26.
ISSUES
1.
Georgia Avenue and Randolph Road intersection improvement project
As the Committee discussed in July, this road intersection improvement project is very
important to the County. At that worksession, Executive branch staff reported that the project
was in the County's top 10 priority projects list for 10 years and that the County has invested
significant public dollars in the project to date.
Executive staff outlined the current timetables for the road and fire station construction
on circle 12. This is clearly a very tight timeline for both projects to proceed without disrupting
emergency service and appears to be feasible only if the Council approves Bill 21-10 on the
current schedule, allowing the fire station project to move forward.
At the July Committee worksession, representatives from the State Highway
Administration indicated that the State would not move forward on the intersection project until
the fire station replacement was resolved. The intersection definitely could be delayed, possibly
indefinitely, if the fire station project does not move forward on its current timetable.
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2. Application of County Code §21-26 to Fire Station 18
County Code §2I-26, regarding the ownership of any new fire station built
in
the County,
provides that:
(b)
All apparatus and facilities purchased with tax funds after July 30,1980, must be
titled to the County
and must be assigned in accordance with the adopted master fire,
rescue, and emergency services plan. A newly constructed fire station, purchased with
tax funds after July 1, 1999, may be held under a title reflecting concurrent ownership by
the County and a local fire and rescue department if:
(1) the station complies with the adopted master fire, rescue, and emergency medical
services plan;
(2) the local fire and rescue department has contributed, or is legally committed to
contribute, at least 50 percent ofthe on-site cost of the station, including any land
cost, and of the station'S proportionate share of off-site costs directly attributable
to the project; and
(3) the Chief Administrative Officer has signed a contract with the local fire and
rescue department that assures, to the fullest extent legally possible, that the
station will be available for fire and rescue purposes until the station is disposed
of under subsection (c), and that the station will be operated according to County
law, regulations, and policies.
(emphasis added)
A recent email message from Marcine Goodloe, President of the County Volunteer Fire
and Rescue Association, included several statements interpreting this subsection. Council staff
does not agree with some of her interpretations. Specifically:
1) Ms. Goodloe said that:
Chapter 21-26(b), which is the sole source of the 50% LFRD buy-in requirement,
does not apply to KVFD Station 18 at all because that subsection lIbll deals only
with stations built after 1980. Since Station 18 was built before 1980, it is
covered by Section 21-26(a), which contains no 50% buy-in requirement thereby
allowing ANY deal for the replacement of the station .... Let us assume solely for
the sake of argument that section "b" did apply to Station 18, it is still not covered
by 'bl! because the Station was not build by taxes funds and is 100% owned by
KVFD.
This conclusion is incorrect because the only issue here is the replacement station, which
§2I-26(b) applies to. When the original station 18 was built, and by whom, is irrelevant. The
intent of subsection (b) is to specify the ownership of
any station bought with tax funds after July
30, 1980.
The language in subsection (b) clearly provides that the County owns any "new"
(post-1980) station, with the sole exception of a post-1999 station that is put under concurrent
ownership if it meets the conditions in paragraphs (b)(1
)-(3),
2) Ms. Goodloe also said that:
It is our firm belief that "b", which is the sole source of the "50%" buy-in
requirement, does not apply to the Station 18 situation, thereby allowing any deal
to be struck, such as allowing KVFD co-ownership on the basis of contributing to
the County whatever it gets for the State
in
eminent domain proceeds ...
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Again, the question is what rules apply to any new station. While the Council can, of
course, amend the law at any time, the current 50% contribution requirement is clear and is not
subject to waiver by the County.
It
is also not clear to Council staff why this local fire and
rescue department would be entitled to any more favorable treatment than the other local
department which met the 50% requirement or the several local departments which occupy other
new stations built since 1980.
3. Fiscal and operational implications of ownership
Council staff asked both MCVFRA and Executive staffto discuss the fiscal and
operational implications of which entity would own the new fire station.
I
The Executive staff response on circle 13 noted that station operations are funded by
County tax dollars regardless of who legally owns the station because either the County is
responsible for daily station operations directly or the LFRD is reimbursed by the County for
those expenditures. Ownership does not result in a significant cost difference to the County or to
the LFRD in operating and maintaining the facility. As the current discussion illustrates, asset
ownership can have significant consequences when the building is sold or replaced. Executive
staff points out that the County may not be able to recover Federal funding for the replacement,
in part because the County does not own the current station.
Operationally, the situation is more complicated. MCVFRA provided two examples of
written agreements between the County and LFRDs, one for a County-owned facility, Fire
Station #25 in Layhill (circles 21-27), and one for Sandy Spring Station #4 which is jointly
owned (circles 28-50). On circles 19-20, MCVFRA outlined the differences it sees, primarily in
volunteer presence, responsibility, and access to the facility and its operations.
Most operational requirements are the same. All operations and facility issues must be
managed in both cases consistent with County laws, regulations, and policies. Since County law
gives ultimate operational authority to the Fire Chief for all fire-rescue services, volunteers must
work with the MCFRS structure under any ownership arrangement.
However, Council staff notes the differences cited in volunteer focus and responsibility
between the two MOUs. Council staff also agrees with MCVFRA that the MOU for the jointly­
owned station gives the volunteer corporation more direct responsibility to carry out
maintenance, repair, and other daily operations (at County expense) for the station. Council staff
concludes, however, that such an arrangement is more appropriate for a station with a volunteer
presence on site sufficient to perform and sustain daily responsibilities. Glenmont Station 18 is
fully staffed with career personnel, and the volunteer presence is occasional. This could
complicate the corporation's efforts to manage the facility.
There has been some discussion, at the July worksession and recently, of a possible leaseback scenario to KVFD if
the County owned the building. The County Attorney's Office raised several legal concerns about this option on
circle 13; Council staff disagrees with some ofthese conclusions. However, whether legally permissible or not, the
leaseback scenario would raise the same operational consequences as ownership, which are discussed later in this
section.
I
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Council staff also suggests that the elements of volunteer presence and access are
not solely contingent on ownership.
At the July worksession, Mr. Dise and Chief Bowers both
noted that the new Station 18 will be planned to incorporate a potential future volunteer
presence. Mr. Dise said that the Program of Requirements for the station includes space for
volunteers. Chief Bowers has repeated his commitment to working with volunteers at this or any
other fire station. Executive staff also indicated that in recent negotiations with KVFD the
Executive has emphasized that he will consider how to include the KVFD name in the name of
the new station to honor the legacy of the volunteers in that community.
4. Cost sharing
As already noted, under §21-26 the only option available for an LFRD to jointly own a
new fire station is to contribute at least 50% of the total cost of the project.
It
is unclear at this
point whether KVFD will pursue this option for Station 18 since the potential reimbursement
from either State or Federal sources is not yet resolved. The Council's approval of Bill 21-10 at
this time does not preclude joint o\\nership ifKVFD secures sufficient funding in the near
future.
MCVFRA raised additional issues about the cost of the station on circles 17-18,
specifically in reference to the replacement of the Wheaton Volunteer Rescue Squad building
(WVRS). MCVFRA's response stated that the per square foot construction cost for the Wheaton
project is significantly lower than the budgeted square foot cost for the Station 18 replacement.
The PDF for the Wheaton Rescue Squad Relocation is attached on circle 51 for reference.
There are differences in scope between the rescue squad station and a fire station; the
PDF for Wheaton calls for a Class I station and the PDF for Glenmont calls for a Class II station.
The PDF for Wheaton has a project total of $9.8 million, which reflects only the County portion
of the project. Thus, if this budgeted portion represents half of the total, the project cost for
Wheaton would be even greater than for the Station 18 replacement. Even if the project is
currently under budget, the total cost would have to fall dramatically to be much lower than the
current estimate for the Station 18 replacement.
The Committee had extensive discussion of
scope and cost issues related to these and other future fire station projects. The Committee
expressed its intent to review possible options to contain fire station construction costs as
well as practices in other jurisdictions.
PUBLIC SAFETY COMMITTEE RECOMMENDATION
The Public Safety Committee met on November 22 to review Bill 21-10, and
unanimously recommended approval of the legislation with the following amendments:
Insert on line
6
ofBill 21-10
The County Executive must select a name for new Fire Station 18 that reflects the
history and legacy of the Kensington Volunteer Fire Department in the Glenmont
community.
The Fire Chief, after consulting the Kensington Volunteer Fire Department, must
develop a plan for the potential reintroduction of volunteer firefighters into new
Fire Station 18.
Bill 21-20 as amended by the Committee is attached on circles 1-2.
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The Committee discussed that given the urgency of both the intersection and fire station
projects, both should be able to proceed in a timely manner.
The Committee also discussed that significant outstanding issues remain regarding the
relationship of KVFD to the future station and how KVFD will be compensated for the current
station. However, these important issues are not likely to be resolved quickly and negotiations
on both can continue while the construction projects move forward.
The Committee recommended that the legislation require the Executive to work with the
volunteers on two key issues: 1) naming the station; and 2) reintroducing potential volunteers
into the new station in the future. The Committee expressed its intent to send the Executive a
letter detailing Council requests for cooperation between KVFD and the County.
The Committee will also request regular updates on how these partnership issues are
resolved before the opening of the new station, as well as how the financial compensation is
resolved between KVFD and the State Highway Administration.
f:\mcguire12010\mclTslstation 18 spl cel action pckt 111O.doc
7
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Bill No.
21 -10
Concerning:
Special
Capital
Improvements Project - Glenmont
Fire Station 18 Replacement
Revised: 11-23-10
Draft No. _2_
Introduced:
April 20, 2010
Expires:
October 20,2011
Enacted: _ _ _ _ _ _ _ _ __
Executive: _ _ _ _ _ _ _ __
Effective: _--:-_ _ _ _ _ _ __
Sunset Date: ....:.N.=o"-"n=e_ _ _ _ __
Ch. _ _, Laws of Mont. Co. _ __
COUNTY COUNCIL
FOR MONTGOMERY COUNTY, MARYLAND
By: Council President at the Request of the County Executive
AN ACT
to authorize the planning, design and construction of the Glenmont [[FS]] Fire Station
18 Replacement[[, Project No. 450900,]] in the Kensington-Wheaton planning area,
By adding to the Laws of Montgomery County 2010
* ." ."
Boldface
Underlinina
[Single boldface brackets]
Double underlinina
[[Double boldface brackets]]
Heading or defined term.
Added to existing law by original bill.
Deletedfrom existing law by original bill.
Added by amendment.
Deletedfrom existing law or the bill by amendment.
Existing law unaffected by bill.
The County Council for Montgomery County, Maryland approves the following Act.'
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Bill No. 21-10
Sec. 1. The [[laws]] 2010 Laws of Montgomery County[[, Maryland,]]
2
3
4
5
are amended [[to read]] as follows:
Montgomery
County[[~
Maryland, is authorized to]] may plan, design, and
~ Replacemen1l[~
construct the Glenmont
[[FS]]
Fire Station
Project No.
450900,]] in the Kensington-Wheaton planning area. This authorization includes
all necessary planning, design, site improvements, furniture, fixtures, equipment,
and structures. The County Executive must select a name for new Fire Station 18
that reflects the history and legacy of the Kensington Volunteer Fire Department in
the Glenmont community.
The Fire Chief, after . consulting the Kensington
6
7
8
9
10
II
Volunteer Fire Department. must develop a plan for the potential reintroduction of
volunteer firefighters into new Fire Station 18.
Approved:
12
13
Nancy Floreen, President, County Council
14
Date
Approved:
15
Isiah Leggett, County Executive
16
Date
This is a correct copy o/Council action.
17
Linda M. Lauer, Clerk of the Council
Date
"~
1-2-)
F:\LA W\BILLS\1021 Spec'mrcrP-Glenmont FS Replacement\BilI 2 Committee Recommendation.Doc
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LEGISLATIVE REQUEST REPORT
Bill 21-10
Glenmont FS
18
Replacement
DESCRIPTION:
The County Executive requests that capital project No. 450900, Glenmont
FS 18 Replacement, be authorized as a "Special Capital Improvements
Project" pursuant to Section §302 of the County Charter and Section §20-1
of the Montgomery County Code.
Section §302 of the County Charter and Section §20-1 of the County Code
require certain capital improvement projects to be individually authorized
by law if the locally-funded cost is projected to exceed $12,863,000 in
FY 11 dollars. The estimated locally-funded cost of this project in the
County Executive's FYll Recommended Capital Budget and FYll-16
Capital Improvements Program (CIP) is $13,032,000 for planning, design,
and supervision; site improvements and utilities; construction and other
costs.
This project provides for the construction of an approximately 19,900 gross
square foot fire station to replace the current fire station located at the
intersection of Georgia Avenue and Randolph Road.
This project has been coordinated with the Department of General Services,
Department Technology Services, Department of Permitting Services,
Montgomery County Fire and Rescue Service, Mid-County Regional
Services Center, the Maryland State Highway Administration, and local
utility companies.
The total estimated cost for this project is $13,032,000. Of this, $1,747,000
is for planning,· design, and supervision; $1,046,000 is for site
improvements and utilities; $9,254,000 is for construction; and $985,000 is
for other. The estimated locally-funded cost is $l3,032,000. The funding
source for this project is General Obligation Bonds.
The new facility will accommodate the needs of the present and projected
user departments noted above under Goals and Objectives.
To be requested.
Not Applicable.
Blaise DeFazio, Office of Management and Budget; and Jeffrey Knutsen,
Project Manager, Department of General Services - Division of Building
Design and Construction.
Not Applicable.
PROBLEM:
GOALS Ai'JD
OBJECTI\lES:
COORDINATION:
FISCAL IMPACT:
ECONOIVlIC IMPACT:
EVALUATION:
EXPERIENCE
ELSEWHERE:
SOURCE OF
INFORMATION:
APPLICATION
WITHIN
MUNICIPALITIES:
PENALTIES:
None Required.
F:\LA\N\BILLS\1 020-1 025 Spec.CIP\LRR 21-10.Doc
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Glenmont FS 18 Replacement -­ No. 450900
Category
Subcategory
'~'T1inistering
Agency
ming Area
Public Safety
Fire/Rescue Service
General Services
Kensi ngton-Wheaton
Thru
FY09
Est.
FY10
Total :
• 6Years •
1.648:
99
0
0
0
1,046
a
9,254:
a
985
99
12,933
99
99
12,9331
129331
290
337
627
Date Last Modified
Required Adequate Public Facility
Relocation Impact
Status
March 31, 2010
No
None.
Preliminary Design Stage
Beyond
6 Years
EXPENDITURE SCHEDULE
(SOOO)
Cost Element
Planning, Design, and Supervision
Land
Site Improvements and Utilities
Construction
Other
Total
G.O. Bonds
1Total
Maintenance
Energy
Net Impact
Total
1,747
I
FY11
459
0
FY12
192
0
152
525
143
1,012
1,012
1012
FY13
212
0
224
2,354
183
2,973
2,973
29731
FY14
493:
0
521
5,487
427
6,928
6,928
6928
FY15
292
0:
149
888
232
1,561
1,561
1 561
132
153
285
FY16
0
1,046
9,254
985
13,032
13,032
13032
0
0
0
0
0
0
a
0
0
a
0
a
a
459
459
4591
a
a
a
0
0
0
a
0
FUNDING SCHEDULE ($000)
0
0
a
01
a
0
OPERATING BUDGET IMPACT ($000)
a
0
0
0
0
0
a
0
0
a
0
0
158
184
342
DESCRIPTION
This project provides for an approximately 19,900 gross square foot fire station to replace the current fire station located at the intersection of Georgia Avenue
and Randolph Road. The recommended replacement fire-rescue station is a modified Class
II
station designed to meet current operational requirements and
accommodate modem fire fighting apparatus. The project includes gear storage, decontamination, information technology rooms, and four apparatus bays.
ESTIMATED SCHEDULE
The design phase will commence upon land acquisition and it is estimated to last twenty months, followed by approximately six months for bidding, and a
construction period of approximately eighteen months.
COST CHANGE
The cost increase is due to the addition of construction expenditures.
JUSTIFICATION
The Maryland State Highway Administration (SHA) plans to build a new intersection at Georgia Avenue and Randolph Road. The current station is located on
the planned intersection site. The replacement fire station will be located on a different site but in proximity to the service area of the current station.
OTHER
,cial Capital Projects Legislation
will
be proposed by the County Executive .
. . CAL NOTE
"The
project provides for the design and construction phase costs. Debt service for this project will be financed with Consolidated Fire Tax District Funds. There
are no funds for fire apparatus included in project budget.
OTHER DISCLOSURES
- A pedestrian impact analysis will be performed during design or is in progress.
- Land acquisition will be funded initially through ALARF, and then reimbursed by a future appropriation from this project. The total cost of this project will
increase when land expenditures are programmed.
APPROPRIATION AND
EXPENDITURE DATA
Date
First
Appropriation
FY10
FY11
COORDINATION
$000)
13,032
1,644
FY11
First Cost Estimate
Current Sec e
Last FY's Cost Estimate
Appropriation Request
330
9,406
FY12
Appropriation Request
Est
I
Supplemental Appropriation Request
Transfer
.~"mulative
o
o
1,331
Department of General Services
Department Technology Services
Montgomery County Fire and Rescue Service
Department of Permitting Services
Maryland State Highway Administration
WSSC
PEPCO
WMATA
Mid-County Regional Services Center
Appropriation
.pendirures
I
Encumbrances
Unencumbered Balance
Partial
Closeout
Tnru
New Partial CloseOUl
Total Partial Closeout
FY08
FY09
25
1,306
o
o
o
,/
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fOtLL
!OILL
'IOJt..L
.,
c.c.
5iOF
·l...L
,101'-.'-
) lOiL!...
i(OILL
fiC-1-1
'riG Yj2C/IC .
OFFICE OF THE COLrHY EXECeTIVE
Isiah Leggett
County Executive.
ROCKVILLE. MARYLAND 20850
055744
MEMORANDUM
April 7, 2010
TO:
FROM:
SUBJECT:
Special Capital Improvements Project Legislation:
MCPS Food Distribution Facility Relocation.
Glenmont FS 18 Replacement
Travilah Fire Station
3
rd
District Police Station
Equipment Maintenance and Operations Center (EMOC)
Olney Library Renovation.and Addition
Nancy Floreen, President, County Council
In
accordance
with
Section 302 ofthe County Charter and Section 20-1 of the
Montgomery County Code, I am forwarding the attached Special Capital Improvements Project
Legislation Authorization and Legislative Request Report for the following projects:
• Montgomery County Public Schools (MCPS) Food Distribution Facility
Relocation (No. 361111) .
• Glenmont FS #18 Replacement (No. 450900)
• Travilah Fire Station (No. 450504)
• 3
rd
District Police Station (No. 470302)
• Equipment Maintenance and Operations Center (EMOC) (No. 500933)
• Olney Library Renovation.and Addition (No. 710301)
This request is necessary because the local cost of these projects exceed the FYll
Special Capital Improvements Project Legislation cost threshold of$12,863,000 as set by
Executive Order 236..:09. The purpose ofthese projects is set forth below.
The MCPS Food Distribution Facility Relocation project is part ofthe Smart
Growih Initiative and provides for design and construction of a new facility on the \Vebb Tract
site on Snouffer School Road.
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Nancy Floreen, President, County Council
April 7, 2010
Page 2
The Glenmont FS
18
Replacement project provides for an approximately 19,900
gross square foot fire station to replace the current fire station located at the intersection of
Georgia Avenue and Randolph Road.
The Travilah Fire Station project, located at the northwest intersection of
Darnestown and Shady Grove Road, provides for the design and construction of a new fue­
rescue station at the county-owned site.
The 3
rd
District Police Station project, located at the northeast intersection
quadrant of New Hampshire Avenue and U.S. Route 29, provides for the site selection, planning,
and design, and construction of a new 32,844-gross square foot (including auxiliary buildings)
3rd District"Police Station to serve Silver Spring and vicinity.
The EMOC project is part of the Smart Growth Initiative and provides for land,
planning, design, and construction of a new EMOC to support a doubling of transit ridership by
2020; as well as current transit, highway maintenance and fleet operations.
The Olney Library Renovation and Addition project provides for a 5,000 square
foot addition and full interior renQvation ofthe existing interior space to the Olney Library.
.
.
I
recommend prompt passage of this legislation so as to advance these projects.
IL:bh
Attachments
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Page 1 of 1
Sec. 302. Six-Year Programs for Public Services, Capital Improvements, and Fiscal Policy.
The County Executive shall submit to the Council, not later than January 15 of each even-numbered
year, a comprehensive six-year program for capital improvements. The County Executive shall submit
to the Council, not later than March 15 of each year, comprehensive six-year programs for public
services and fiscal policy. The six-year programs shall require a vote of at least five Councilmembers for
approval or modification. Final Council approval of the six-year programs shall occur at or about the
date of budget approval.
The public services program shall include a statement of program objectives and recommend levels
of public service by the County government, and shall provide an estimate of costs, a statement of
revenue sources, and an estimate of the impact of the program on County revenues and the capital
budget.
The capital improvements program shall include a statement of the objectives of capital programs
and the relationship of capital programs to the County's long-range development plans; shall recommend
capital projects and a construction schedule; and shall provide an estimate of costs, a statement of
anticipated revenue sources, and an estimate of the impact of the program on County revenues and the
operating budget. The capital improvements program shall, to the extent authorized by law, include all
capital projects and programs of all agencies for which the County sets tax rates or approves budgets or
programs. The Council may amend an approved capital improvements program at any time by an
affirmative vote of six Councilmembers.
The fiscal program shall show projections of revenues and expenditures for all functions, recommend
revenue and expenditure policies for the program period and analyze the impact of tax and expenditure
patterns on public programs and the economy of the County.
The County Executive shall provide such other information relating to these programs as may be
prescribed by law.
All capital improvement projects which are estimated to cost in excess of an amount to be established
by law or which the County Council determines to possess unusual characteristics or to be of sufficient
public importance shall be individually authorized by law; provided however, that any project declared
by the County Council to be of an emergency nature necessary for the protection of the public health or
safety shall not be subject to this requirement if the project is approved by the affirmative vote of six
Councilmembers. Any project mandated by law, statutory or otherwise, interstate compact, or any
project required by law to serve two or more jurisdictions shall, likewise, not be subject to this
requirement. The County Council shall prescribe by law the methods and procedures for implementation
of this provision. (Election of 11-7-78; election of 11-4-86; election of 11-3-92; election of 11-5-96.)
Editor's note-See County Attorney Opinion dated 4//7/99 clarifying that the Council may place
conditions on appropriations prior to June 1, with certain limitations. See County Attorney Opinion
dated 2/5/96 explaining that the budget must include recommended expenditures and revenue services
for the Board of Education and including the legislative history of the section. See County Attorney
Opinion No. 90.008 dated
discussing the use of consent calendars to consolidate capital
improvement bills and proposed amendments to the County Code to permit more than one item on the
consent calendar at a time. [attachment]
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Sec. 20-1. Authorization of special capital improvement projects
by
law.
(a)
Purpose.
The purpose of charter section 302 is to afford citizens an easier opportunity than
previously existed to petition especially important capital improvement projects to referendum while
assuring that public consideration may be fully informed, and also without unnecessarily disrupting the
orderly planning, design and construction which is the objective of capital improvements programming.
(b)
Definition.
1. A "special capital improvement project" as used in this section shall include the costs relating
to the detailed architectural and engineering design, construction, reconstruction or equipment of the
following types of capital projects:
a. Major facilities estimated to cost at least four million dollars ($4,000,000.00) in county
funds, exclusive of interest on county bonds; provided, however, that the county executive shall, by
annual executive order, adopted no later than October 15, revise the four-million-dollar cost criterion to
reflect the annual change in the latest published composite construction cost index established by the
United States department of commerce or its successor as publisher. County funds for the purpose of
this section include the proceeds of county bonds or notes and unappropriated surplus and current
county revenues, exclusive of contributions, gifts or grants from federal or state governments or any
other sources.
b. Facilities, other than major facilities described above, which the council determines to
possess unusual characteristics or to be of sufficient public importance to warrant designation as special
capital improvements projects.
2. All buildings, roads, utilities, parks and related improvements which are proposed for
development on a single, unified site and which are identifiable as separate facilities shall be considered
for designation as special capital improvement projects. Site acquisition costs shall be included as a part
of the total cost of a special capital improvement project; however, the cost of site acquisition itself shall
not be subject to the requirements of this section. Preliminary planning costs relating to capital projects
shall not be included in determining the total cost of a special capital improvement project. Unless
explicitly required by law, special capital improvement projects do not include the capital projects of the
Revenue Authority or any agency created by state law or authorized by interstate compact, including,
Montgomery College, Board of Education for Montgomery County, Maryland-National Capital Park
and Planning Commission, Washington Suburban Sanitary Commission, the housing opportunities
commission of Montgomery County, Washington Suburban Transit Commission, and the Washington
Metropolitan Area Transit Authority.
(c)
Procedure.
1. The county executive shall be responsible for submitting to the county council, at the time
the capital improvement program or amendments thereto are submitted, proposed legislation for each
project which falls within the category of a special capital improvement as defined in this section and for
which it is proposed to appropriate funds for purposes other than preliminary planning or site acquisition
costs, unless the project has been previously authorized as a special capital improvement project.
2. Until such time as an appropriation is made for the detailed architectural and engineering
design of a capital improvement project, other than a major facility as described in subsection 20-1 (b)
l.a., any council member may introduce legislation to authorize such capital improvement project as a
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special capital improvement project.
3. Any authorization enacted under this section is valid for 5 years after the authorization
becomes law, except that an authorization for a project funded substantially by revenue bonds is valid
until modified or revoked by law. The Council may reauthorize a project before or after an existing
authorization expires. An authorized project need not be reauthorized if a contract for construction of
the project is executed before the authorization expires.
4. If a project is approved by the affirmative vote of 6 Councilmembers, and the Council
declares that the project is of an emergency nature and its immediate approval is necessary to protect the
public health or safety, the project is not subject to the authorization requirement in this section.
5. No special capital improvement project shall receive an appropriation unless a law
authorizing the project has been enacted by the county council. The resolution adopting any such
appropriation shall contain an explicit requirement that no funds shall be expended under the
appropriation until the authorization law has become effective.
6. Any project not previously considered a special capital improvement project and which has
received an appropriation must be authorized pursuant to this section before any construction contract is
executed if the estimated cost of the total project is revised to exceed the four million dollars
($4,000,000.00) cost criterion or any subsequent revision thereto exclusive of preliminary planning
costs, after completion of either the design or architectural and engineering stages of the proj ect. Unless
a project is previously authorized pursuant to this section, the county executive or the county council
may not transfer funds to or authorize a supplemental appropriation for such a project prior to the award
of a construction contract if the cost of the total project exceeds the four million dollars ($4,000,000.00)
cost criterion or any subsequent revision thereto exclusive of preliminary planning costs when the cost
reflected by such transfer or appropriation is included in the total estimated cost.
(d)
Application.
The provisions of this section 20-1 shall not apply to a capital project which has
met the cost criterion requirements of subsection 20-1 (b) 1.a. and has received an initial appropriation
prior to the effective date of this section, provided that any change in the scope of such a project, the
cost of which change exceeds the cost criterion requirement set forth in subsection 20-1 (b) 1.a., shall be
subject to the provisions of this section. (1977 L.M.C., ch. 37, §2; 1979 L.M.C., ch. 51, § 1; FY 1991
L.M.C., ch. 11, § 1; 1992 L.M.C., ch. 35, §3; 1994 L.M.C., ch. 23, § 1.)
Editor's
note-See County Attorney Opinion No. 90.008 dated
discussing the use of
consent calendars to consolidate capital improvement bills and proposed amendments to the County
Code to permit more than one item on the consent calendar at a time. [attachment]
For the effective date of 1992 L.M.C., ch. 35, § 3, which amended subsection (b)2. of this section,
see the editor's note to ch. 42 of this Code.
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Sec. 21-26. Title to assets; sale or disposition.
(a) Title to fire, rescue, and emergency medical service apparatus and facilities, purchased in
whole or in part with any tax funds before July 30, 1980, may be retained by the local fire and rescue
department unless the appropriation resolution that funded the purchase specified otherwise.
(b) All apparatus and facilities purchased with tax funds after July 30, 1980, must be titled to the
County and must be assigned in accordance with the adopted master fire, rescue, and emergency
services plan. A newly constructed fire station, purchased with tax funds after July 1, 1999, may be held
under a title reflecting concurrent ownership by the County and a local fire and rescue department if:
(1)
plan;
(2) the local fire and rescue department has contributed, or is legally committed to contribute, at
least 50 percent of the on-site cost of the station, including any land cost, and of the station's
proportionate share of off-site costs directly attributable to the project; and
(3) the Chief Administrative Officer has signed a contract with the local fire and rescue
department that assures, to the fullest extent legally possible, that the station will be available for fire
and rescue purposes until the station is disposed of under subsection (c), and that the station will be
operated according to County law, regulations, and policies.
(c)
The Chief Administrative Officer must approve each sale or other disposition of any apparatus
or facilities to ensure that the sale or other disposition does not adversely affect the public interest.
If
the
Chief Administrative Officer does not approve a sale or other disposition, the County Council may by
resolution approve the proposed sale or disposition. The proportionate share of the proceeds of any such
disposition attributable to fire tax funds must be used by the local fire and rescue department for fire,
rescue or emergency medical services, or be returned to the fire tax district. In a dispute over the source
and amount of original financing, or over the value of the apparatus or facilities, the County agrees to
binding arbitration under the Maryland Uniform Arbitration Act to resolve the dispute.
(d) The County acknowledges that it has no ownership claim to any equipment, apparatus,
facilities, or property acquired without any use of tax funds. This Chapter does not authorize the County
to require the transfer of ownership of any such equipment, apparatus, facilities, or property to the
County.
(e)
The County may accept title and all encumbrances to any fire, rescue, or emergency medical
service apparatus, equipment, facility or property from any local fire and rescue department that requests
the transfer of title, even if the item is subject to an existing debt. The Chief Administrative Officer
must approve or reject the transfer after considering any recommendations by the Commission. The
Chief Administrative Officer, after considering the Commission's advice and recommendations, must
develop procedures for the orderly disposition of assets of any local fire and rescue department that is
unable to provide fire, rescue, or emergency medical services so that the assets continue to be used to
provide fire, rescue, and emergency medical services in that community.
(f)
Any funds accruing to the County from the sale or other disposition of any apparatus,
equipment, facility or property must be applied to the funding of fire and rescue appropriations approved
by the County Council.
the station complies with the adopted master fire, rescue, and emergency medical services
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(g)
For purposes of operation, the Chief Administrative Officer, after considering the
Commission's advice and recommendations, must assign fire stations when built or acquired to a local
fire and rescue department or, with the concurrence of the County Executive and County Council, to the
Fire and Rescue Service. This Section does not preclude the Fire and Rescue Service from operating a
fire station as otherwise provided by law. (1980 L.M.C., ch. 64, § 3; 1998 L.M.C., ch. 4, §1; 1999
§
1.)
L.M.C., ch. 12, § 1; 2004 L.M.C .. ch. 5, § 1;
Editor's
note-See County Attorney Opinion dated
explaining that County-owned fire
stations may be assigned through the master plan process. See County Attorney Opinion dated
~~:=..
discussing the approvals needed to assign operational control of a new fire station to a local fire and
rescue department.
Section 21-26, formerly §21-4U, was renumbered and amended pursuant to 1998 L.M.C., ch. 4, §L
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EXECUTIVE BRANCH RESPONSE TO COUNCIL STAFF QUESTIONS
11/18/10
Statement:
The Georgia Avenue and Randolph Road interchange project remains a high
priority transportation road project for the county. The interchange project will
improve pedestrian and vehicular safety in this densely populated area of the
county. The interchange improvement project and the Glenmont Fire Station 18
relocation project must move forward.
1.
Please clarify the status or anticipated timeline for the land acquisition for
the new station and the cost or current cost estimate.
A meeting conducted via conference call on October
7,
2010 between WMATA,
Office of the County Attorney, DOT, and DGS resulted with
a
targeted closing
date prior to December
31,
2010. The cost of the land acquisition will be between
$2.1 and
$2.3
million.
2.
The approved PDF for the new station shows construction in FY12-14.
Please confirm whether this approved construction schedule is consistent with
the State's construction schedule which calls for demolition of the current station
in FY13.
The SHA current schedule on their web-page indicates construction to start in
2014. During the July 2010 Council meeting the SHA representatives clarified
that 2014 is FY14 and construction is anticipated to start in the late spring or
early summer of 2013. The current schedule for design and construction of the
Fire Station has continued to slip due to delays with property acquisition. The
most recent schedule indicates completion of the Fire Station in December 2013.
DGS will make every effort to accelerate the Fire station schedule.
3.
Since 21-26 was amended in 1998 to include the 50% funding/joint
ownership option, how many new stations have been constructed? Have any of
these new stations been funded to allow joint ownership, or are they all County
owned?
Five new Fire Stations were constructed since
1998:
Sandy Spring FS 4
Replacement, Silver Spring FS
1
Replacement, West Germantown FS
22,
East
Germantown FS
34,
and Takoma Park FS
2
Replacement.
Of the five stations three were replacement of LFRD stations. Only the Sandy
Spring FS
4
was constructed using the shared cost/ownership provision of Code
21-26.
Currently, the Wheaton Volunteer Rescue Squad and the County are finalizing
design documents and cost sharing agreements in compliance with Code 21-26
for the relocation of the Wheaton Volunteer Rescue Squad Facility.
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4.
At the July worksession on this issue, an option was raised of County
ownership with a lease arrangement to the KVFD. Has there been any further
discussion of this option as a possible solution to the ownership issues? Are
there potential drawbacks to this approach?
There has been discussion regarding County ownership with
a
lease
arrangement with KVFD. However, if the proposed lease were be for
a
term of
five
(5)
years or more, such
a
lease would be inconsistent with
a
number of
applicable laws and regulations. First, if the lease were for more than five (5)
years, it would be subject to the real property disposition regulation (Executive
Regulation No.
31-97)
since this regulation provides no exception for dispositions
(which include leases of five
(5)
years or more) related to fire stations. More
importantly, it is inconsistent with the intent of the regulation which presumes that
a
lease of County owned property to
a
non-County entity will occur only if there
are no other governmental
uses
for the property, which is not the
case
here.
Second, Maryland Annotated Code article 25A,
§
5(8),
requires that prior to the
lease of county owned property that there must first be
a
finding that the property
"is
no longer needed for public use," which, again, is not the
case
here.
5.
We understand that LFRDs have agreements with MCFRS that address
station operating and facility management issues under more than one
ownership arrangement. What specific fiscal or operational consequences would
result from ownership of the new fire station by either KVFD or MCFRS?
Station operations are either funded entirely by County tax funds or the LFRD is
reimbursed with tax funds for those expenditures for operating the stations. In
either
case
the County funds the station operations.
The fiscal impacts associated with ownership by the LFRD may potentially result
in the county not being afforded the Federal Functional Replacement Rule
funding.
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MONTGOMERY CO
VOLUNTEER
FIRE.RESCUE
ASSOCIATION
----~~-~-.--
....
.. ..
~----~-
--
230 N. Washington St. Rockville, MD 20850
301·424·1297
VITWW.mcvfra.org
MARCIl\TE D. GOODLOE, PRESIDE:.rr
ERIC N. BERNARD, EXECUTIVE DIRECTOR
Good morning Ms. McGuire,
Thank you for the opportunity to provide the Councilmembers with detailed information
and our opinion on this issue. This issue has far·reaching ramifications for the future of
not only our combined public/private service but also to insuring adherence to the
mandates of Chapter 21 that is the law for the fire and rescue service of Montgomery
County.
In order to provide you factual and detailed information we contacted President Steven
Semler of the Kensington Volunteer Fire Department who has all of the documented
facts and who has been directly involved in the meetings with the County. In response
to our request, he has prepared the attached responses to your questions. Please be
advised that we concur with those responses.
The Montgomery County Volunteer Fire and Rescue Association would also like to point
out the following requirements of Montgomery County Code Chapter 21, Article 1.
Comprehensive Fire and Rescue Services.
Sec.21·1. Statement of policy:
Legislative intent ­
(a) This section clearly pOints out that it is the intent of the government to have the
fire, rescue, and emergency medical program operated by the County
government and the local fire and rescue departments. It also points out that the
program must provide maximum cost-effective performance, emergency service.
As well as that an "Integrated Emergency Command System which allows the
integration of County and local fire and rescue department personnel and
apparatus County-wide, regional, State and national emergency managements
plans. It speaks to fair treatment and the requirement for delivery of the service
through the partnership of our combined service. The Council vigorously
supports the continuation and expansion of volunteer participation to provide fire,
rescue, and emergency services in the most cost·effective way ....
The Voice of the Montgomery County Volunteer Fire and Rescue Service
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It is our concern that as the County looks to the building of new county stations that the
legislative intent needs to be applied and followed. That any action taken for new
stations would not in any way block the intent of this legislative statement of policy of
insuring inclusion of our combined service. We believe that the Kensington Volunteer
Fire Department has presented many reasonable cost savings alternatives to the
County. That possibly further investigation of those cost-saving alternatives needs to be
considered by the Council before having them denied. Along with the Council's insuring
Chapter 21 's requirements for volunteer inclusion in all stations, we also believe that
there is a need for the Council to look at the cost of the building of appropriate and safe
fire stations in Montgomery County. Other jurisdiction's stations and even some
Montgomery County stations are being built at a greater cost savings for the same size
or even larger stations than have been stated for the proposed Kensington station.
Thank you again for the opportunity to respond.
Marcine D. Goodloe, President
Montgomery County Volu nteer Fire Rescue Association
The Voice of the Montgomery County Volunteer Fire and Rescue Service
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MONTGOMERY CO
VOLUNTEER
FIRE.RESCUE
ASSOCIATION
230 N. Washington St. Rockville, MD 20850
301-424-1297
WW'VV".mcvfra.org
MARCIl'Ii"'E D. GOODLOE, PRESIDENT
ERIC N. BERNARD, ExECUTIVE DIRECTOR
RESPONSES OF THE MCVFRA
&
KENSINGTON VOLUNTEER FIRE
DEPARTMENT TO COUNCIL'S QUESTIONS FOR COUNCIL
NOVEMBER 22, 2010 HEARING
Council Question no.
1:
Please clarify the status or anticipated timeline for the land acquisition for the new
station and the cost or current cost estimate.
MCVFRA Response to Question No.1:
MCFRS has told KVFD that it has agreed to buy a tract of land on Glennallan Avenue
off Georgia Avenue from WMATA for the proposed new Station 18, for $2,100,000. (It is
not believed that closing on such sale has yet occurred.) In addition, MCFRS has told
us that it will have to buy or rent additional parking spaces in an adjacent parking
garage, indefinitely, and that this parking space cost is considered by MCFRS as an
additional capital cost of this project not included in the cost of the land acquisition or
construction.
Since proposed Bill 21-1 0 sought an appropriation from the Council for $13,032,000 for
construction of proposed new station 18 (not supported by any proposed construction or
design plans but apparently based its projections of cost per square foot of its previous
firehouse construction costs), and did not include any cost of land, it appears that the
appropriation sought by the County for firehouse and land is $15,132.000 plus the
capital cost of the additional parking spaces.
Council Question no. 2:
The approved PDF for the new station shows construction in FY12-14. Please confirm
whether this approved construction schedule is consistent with the State's construction
schedule which calls for demolition of the current station in FY13.
MCVFRA Response to Question No.2:
The Voice
of
the Montgomery County Volunteer Fire and Rescue Service
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MCVFRA is not in a position to address these timing issues. However, at the last
hearing of this Council's Public Safety Committee, the State Highway Administration
official present testified, in essence, that the SHA would not unilaterally proceed with the
subject condemnation of KVFD Sta. 18 - and hence would not proceed with the subject
construction -- until KVFD and the County consensually accommodated their
differences as to disposition of current KVFD-owned Station 18.
Council Question no. 3:
Since 21-26 was amended in 1998 to include the 50% fundingljoint ownership option,
how many new stations have been constructed? Have any of these new stations been
funded to allow joint ownership, or are they all County owned?
MCVFRA Response to Question No.3:
With only one single exception, of all firehouses in the County built since 1998
enactment of the
50/50
provision of Ch. 21-26, each has been built as 100% County
owned with no utilization of the co-ownership provisions of Ch. 21-26. Clarksburg #35,
Kingsview #22, and Milestone #34 have all been built as 100% County owned stations.
Similarly, Silver Spring Volunteer Fire Department did not participate in co-ownership or
construction of new Station 1 on Georgia Avenue and sold its old station. Only one new
station was built after enactment of and pursuant to the Ch. 21-26
"50/50"
legislative
enactment: Sandy Spring Volunteer Fire Department Station
#4,
which was able to do
so because it got credit for the land it supplied and would up with a shared-cost $3
million facility.
What is even more remarkable is that
Wheaton Volunteer Rescue Squad is NOW in the
process of building
a
new Station on
a
50150 basis with the County, but with WVRS
controlling the County-acceptable construction at $303 per slf versus County-proposed
construction of new Station
18
(extracting cost of land from each), at
$655
per slffor
WVRS
50/50
owned/County acceptable construction - effectively costing 46% cost of
construction for WVRS managed County-approved firehouse construction in the County
versus the cost of County proposed construction of new Station 18 (excluding land
costs in both cases).
Of course, the WVRS comparison to County proposed construction of Station 18 pales
in comparison to the Ocean City Maryland ongoing construction of new OCVFD 10--bay
Station 5 at $155 per foot - being built to FEMA specs and pricing excluding land.
We respectfully suggest that the reason that the Council's Ch. 21-26 "50-50" co­
ownership provision - which was enacted to promote the volunteer / career
"partnership" contemplated by Ch. 21 - has not gained traction is that it effectively has
been eviscerated by the combination of the County pricing LFRD's out of the ability to
afford co-ownership (seeking to put a $15 million price tag on a firehouse when
comparable firehouses cost $2.8 (Ocean City) to $6 million (Wheaton VRS) - then
sticking the LFRD with a 20 year amortization which skyrockets LFRD cost per month
when there is no such requirement in the statute, and them jacking up the price even
more by adding a five percent fee on top of this high price, half of which is required to
be paid back over a short time on expensive land and with interest.
The Voice
of
the Montgomery County Volunteer Fire and Rescue Service
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No' LFRD can pay half of this inflated institutionalized cost structure Yet, ironically, even
if KVFD was allowed to build a new station at the cost per square foot that the County
has apparently approved WVRS to do on a
50/50
basis, then KVFD should be able to
do the same on leased County land (or possibly on KVFD purchased land) using
eminent domain proceeds to do so at no cost to the County.
Council Question no. 4:
At the July work session on this issue, an option was raised of County ownership with a
lease arrangement to the KVFD. Has there been any further discussion of this option
as a possible solution to the ownership issues? Are there potential drawbacks to this
approach?
MCVFRA Response to Question No.4:
Following the Committee's Workshop hearing direction for dialogue for constructive
dialogue of options between KVFD and MCFRS, the parties met on August 30,
September 18, and October 18, 2010 with the County Fire Chief Richie Bowers, Deputy
County Attorney John Fisher, and County Budget Official David Dise Gained once by
Ms. Mandell-Trupp of Council staff), to dialogue constructive options. Other than the
County agreeing in principle that the new station would be called Kensington Volunteer
Fire Department Montgomery County Station 18, and that KVFD volunteers would be
allowed to be introduced back into the Station in the future when its volunteer growth
permitted, every option proposed by KVFD as to ownership or co-ownership of the
proposed new Station, was flatly rejected by the County as completely unacceptable to
it. Specifically in response to the subject question no. 4, KVFD specifically offered to
build a
new Station
18
solely at KVFD expense (using its State-supplied eminent
domain proceeds for construction)
if the County would supply the land by lease to VFD
at a nominal sum. This was flatly dismissed by the County as unacceptable to
it.
As a variant on that proposal, KVFD also proposed to the County that SHA reconfigure
its project to allow KVFD to build a new Station on
another part
of KVFD's currently­
owned Station 18 land consistent with the SHA building its project. This option, too, was
flatly rejected by MCFRS.
For the record, KVFD offered each of the following five options, in writing, to the County,
each of which was rejected by the DFRS except the fifth one ('buy-out") which was left
open:
1. KVFD builds new station
on
different part
of
existing Station
18
KVFD-owned
land, using eminent domain money, and State redesigns road accordingly to .
accommodate same: net result, zero cost to county for new firehouse built by
KVFD
on
KVFD land
- rejected by DFRS;
2. Redesign downward cost
of
new Station
18
to $8mil
so
that KVFD could
donate half through its eminent domain proceeds,
so as
to qualify KVFD for Y2
ownership
of
new firehouse under MCC
21-26 - rejected by MCFRS because it
will not redesign down the cost of its new firehouse.
3. Amend MCC
21-26 so as
to deem KVFD contribution
of
eminent domain
money to County
as
fulfilling the 50% contribution requirement for co-ownership
The Voice of the Montgomery County Volunteer Fire and Rescue Service
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under MCC
21-26 - rejected by MCFRS because they assert the County
Executive refuses to reopen Ch. 21 MCC.
4. KVFD builds new station at its cost using eminent domain proceeds on land
leased to KVFD by County
- refused by DFRS-it does not want KVFD to build
firehouse and does not want to lease land that it is contracting now to buy from
WMATA for $2.1 million.
5. As a
last resort, KVFD would take an enriched "buyout"
as
the pn'ce
of
walking
away quietly and seamlessly to the County
- that we would sign title immediately
at a closing at which we asked for at least $7 million, thereby allowing the County
to collect $4 million FFRP money and enable KVFD to invest the proceeds in an
endowment to provide a constant stream of new ambulances and fire engines
owned by KVFD to service the community better from an enhanced KVFD
Station 5 in Kensington.
Council Question
no.
5:
We understand that LFRDs have agreements with MCFRS that address station
operating and facility management issues under more than one ownership
arrangement. What specific fiscal or operational consequences would result from
ownership of the new fire station by either KVFD or MCFRS?
MCVFRA Response to Question No.5:
The fundamental difference is that when an LFRD owns or co owns a firehouse, the
LFRD, it can control the right of reintroduction and supervision of volunteer firefighters,
EMS/medic personnel, at no cost to the County, and introduction of volunteer officers,
volunteer owned apparatus, volunteer administration and shared control of the
administration of the shared firehouse, as compared to LFRDs having no rights other
than might be negotiated with the County DFRS. In short, it is all about promoting
volunteerism by having at least a voice in volunteer control vs. denigration of a
volunteer voice which, in turn, denigrates volunteer participation which, in turn,
dramatically escalates County costs of maintaining service exclusively through paid
personnel versus through the partnership of volunteers and paid personnel as
contemplated by the Council in enactment of Ch. 21.
The difference between LFRD co-ownership and 100% County ownership is apparent
by comparison of the attached MOUs between the County and Station 25/KVFD (100%
County owned) and the County/ Sandy Springs VFD (50/50 co-ownership between the
County and Sandy Spring VFD pursuant to the "50/50" co-ownership provisions of Ch.
21, Sec 21-26(b)), highlighting the essence of the differences as to impact
on volunteers. The 100% County-owned Fire Station 25 in the Layhill community
(building labeled by negotiation as "Kensington Volunteer Fire Department, Montgomery
County Fire Station 25); and, for contrast, the MOU for Sandy Spring Volunteer Fire
Department which is 50/50 owned by the County and Sandy Spring VFD under Ch. 21's
co-ownership provisions. The difference between the two agreements is stark: The
County owned Station 25 reserves to the County all control of use of the facility (save
minor non-operational administrative input and repair authority). with no right of
volunteer operations at the Station. In contrast, Section 10 of the Sandy Spring MOU
provides in relevant part that: "... SSVFD will be responsible for the management and
The Voice
of
the Montgomery County Volunteer Fire a.nd Rescue Service
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control of the station. SSVFO must manage and control the Station ... and must
generally comply with the laws and regulations applicable to the management and the
operation of the station." Thus, the co-owned station is volunteer operated and
controlled by volunteer officers present to County standards in accordance with
SSVFO's legacy, as compared to Station 25 which essentially has KVFO's name stuck
on the building through negotiation and some minor administrative input, but no
volunteer presence or control. (See, for instance, under Sta. 25's MOU Sec.1 (F) that
KVFO may have the right to use an office at Sta. 25 only upon 14 days' notice.)
Thank you for the opportunity to assist answering these questions.
The Voice of the Montgomery County Volunteer Fire and Rescue Service
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KVFD
ADMINIS'rRATIVE OFe.
MEMORANDUM OF UNDERSTANDING
Agreement Between the
Montgomery County Government and the Kensington Volunteer Fire
Department, Inc.
This Memorandum of Understanding ("Agreement") is made this
15 day of March, 1997, by and between MONTGOMERY COUNTY, MARYLAND
(the "County") and the KENSINGTON VOLUNTEER FIRE DEPARTMENT, INC.
(the "Corporation").
TH
The County is the owner of the land and improvements located
at 14401 Connecticutt Avenue, Layhill, Maryland ("Station No. 25"
or the "Premises"), Which is offered for use to the Corporation
under the following terms and conditions. In order to promote a
clear understanding as to the use, maintenance, and repair of the
areas and components of Station No. 25, it is the desire and intent
of the County and the Corporation that Station No. 25 be operated
in accordance with and subject to the terms and conditions as set
forth in this Agreement.
Now, therefore, IN CONSIDERATION OF THE SUM OF ONE and
00/100
($1.00) DOLLAR and for other good and valuable consideration as
hereinafter provided, and the respective promises herein contained,
the parties mutually agree as follows:
1.
USE OF THE PREMISES:
A.
Station No. 25 shall be used solely
the
provision of
re, rescue, emergency medical and
other associated community oriented activities and
services.
Notwithstanding the foregoing, the
Director of the Department of Fire and Rescue
Services andlor the Corporation President may
prohibit activities for purposes of adherence to
law or community concern.
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station 25 - Operating Agreement
Page 2 of 7
B.
The County reserves the right to use the schedulers
Office at Station 25 at any time for the purposes
of performing Department of Fire and Rescue
Services (DFRS) scheduling activities, for as long
as, or if, scheduling acti vi ties are assigned to
the station.
The County reserves the right to use the District
Captains office at Station No. 25 for the purposes
associated with the management of the Department of
Fire and Rescue Services as necessary to support
the
administrative
tasks
of
the
three
DFRS
District Captains housed at Station 25, for as long
as, or if, Station No. 25 is designated as a
District station.
The County and the Corporation agree to share the
use of the station library, currently in use
station office at Station No. 25, for the purposes
of conducting personnel and administrative tasks
associated with the management of the Corporation
and the Department of
re and Rescue Services
personnel ,
respectively.
Use
shall
include
reasonable space for the storage of station officer
files and other administrative office suppl
and
equipment.
The County and the Corporation agree to share the
use of the station officer's office at Station No.
25 for the purposes of conducting personnel and
administrative tasks associated with the management
of the Corporation and the Department of Fire and
Rescue Services personnel, respectively. Use shall
include reasonable space for the storage of station
commander officer files and other administrative
office supplies and equipment.
The Corporation reserves
the
right
to have
exclusive
use of one of the previously noted
offices at Station No. 25, upon 14 day advance
notification. This right is subject to reasonable
availability of specific office space to be
mutually agreed upon, using only the three largest
offices for consideration.
C.
D.
E.
F.
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station 25 - Operating Agreement
Page 3 of 7
2.
IMPROVEMENTS TO THE PREMISES: The County has the right
at
any
time
to make
alterations,
changes,
and
improvements to Station No. 25 on reasonable notice to
the Corporation.
Such actions shall not unreasonably
preclude, limit, or prevent the continued use of the
premises by the Corporation.
MAINTENANCE OF PREMISES:
A.
Grounds:
The County is responsible, through the
Department of Public Works, Division of Facilities
and Services, for grounds maintenance, including
landscaping and cutting of grass.
Such grounds
maintenance shall be consistent with the amount and
quali ty of grounds maintenance provided by the
Department of Facilities and Services at other
County owned facilit
Sidewalks, driveways, and aprons:
The County is
responsible for the repair and the replacement of
all sidewalks, driveways, aprons, and parking areas
within the premises.
The Corporation shall be
responsible
for
snow
and
ice
removal
with
assistance from the County when necessary.
Structure:
The County is responsible for the
maintenance and repair of all roofs, gutters,
downspouts, windows, doors (including bay doors),
doorways, walls, ceilings, fixed cabinets, and
floors throughout the facility.
The Corporation is
responsible
for
the
maintenance
repair
and
replacement
of
carpets
and
rugs,
movable
furnishings, i.e., kitchen appliances, washers,
dryers, televisions, etc. and other fixtures.
ME Cl!AJ.\T I CAL :
The County is responsible for the
maintenance and repair of all heating, ventilating
and air conditioning equipment, hot water heaters,
sewers, drains,
and
plumbing
fixtures,
including fuel dispensing equipment as provided.
3.
B.
C.
D.
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station 25 - Operating Agreement
Page 4 of 7
E.
ELECTRICAL:
The County is responsible for the
maintenance and repair of all electrical wiring,
permanently
mounted
electrical
fixtures
and
electrical motors and controls
fixed systems.
The Corporation is responsible for standard bulb
replacements
and
electrical
equipment
not
associated with the delivery of services.
COMMUNICATIONS:
The County is responsible for the
maintenance and repair of all radio and intercom
systems permanently affixed for the receipt of
calls and dispatch of apparatus and personnel, or
for the training of personnel. The Corporation is
responsible
for
personal
and
entertainment
equipment and devices.
The Corporation shall be
responsible
for
the maintenance,
repair
and
replacement
of
all
telephone
equipment
and
instruments except those installed by the County
exclusive use by scheduling or District
offices.
Painting:
Periodic total repainting of the
interior and exterior surfaces of the structure is
the responsibility of the County.
However,
incidental spot painting in order to maintain
cleanliness
is
the
responsibility
of
the
Corporation.
The County must provide paint as
needed. Any change to existing paint color scheme
must be approved in writing by the Director of
Public Works and Transportation or designee.
Repairs:
The Corporation may make minor repairs
as a deterrent to more extensive damage in the
event that a delay by the County in making the
repairs is necessary. The Corporation must provide
prompt notice to the County when such repairs are
required and must stop work on such repairs if
requested in writing by the Director of the
Department of Public Works and Transportation.
Mater
s will be provided to accomplish minor
repairs as deemed appropriate by the Division of
Facilities and Services.
F.
G.
H.
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station 25 - Operating Agreement
Page 5 of 7
I.
Notice of Defects:
The Corporation must promptly
notify the County of any defects in, damage to or
accidents in the premises, including where County
action is necessary as directed under the terms of
this agreement via written notice to the Director
of
the
Department
of
Public
Works
and
Transportation or designee.
For routine facility
maintenance by the County, the Corporation will
comply with Administrative Procedure 5-18, Facility
Maintenance, a copy of which is attached as an
appendix to this Agreement.
4.
NOTICE:
Whenever the Corporation is required to provide
notice to the County under the terms of this Agreement,
the manner of such notice shall be in writing to the
Director of Public Works and Transportation or designee.
Whenever the County is required to provide noticeto the
Corporation under the terms of this Agreement, the manner
of such notice shall be to the president of the
Corporation.
CONDUCT AND SAFETY OF PREMISES; The Corporation must
conduct all of its operations hereunder in a workmanlike,
efficient, sa
and careful manner; observe such safety
precautions and rules in its operations as the County
from time to time may reasonably require; and maintain
Station No. 25 at all times in safe and good operating
condition and repair in accordance with the terms of this
Agreement. If costly or repeated repairs are needed due
to negligence of Corporation personnel, the Corporation
shall pay for the repairs.
COUNTY'S RIGHT OF INSPECTION:
Upon reasonable notice,
the County is entitled to visit and inspect Station No.
25.
SIGNS:
The Corporation must not place upon or remove
from Station No. 25 any exterior placard, sign, lettering
or awning unless such item is related to recruiting or
community safety, without recieving written permission
5.
6.
7.
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Station 25 - Operating Agreement
Page 6 of 7
from the Director of the Department of Fire and Rescue
Services or designee. The Corporation may use the
permanently placed sign board on the grounds of Station
No. 25 for public education, prevention and community
and/or membership notices. Notices of a political nature
by either party are specifically prohibited.
8.
RESOLUTION OF DISPUTES: If any dispute arises regarding
any provision of this agreement, or the use, maintenance
and repair of Station No. 25 in general, the Director of
the Department of Public Works and Transportation or
designee, along with the Directer of the Department of
Fire and Rescue Services or designee, shall meet with the
President of the Corporation or designee in an attempt to
resolve the dispute. If after such meeting, the dispute
is not resolved, either party may refer the dispute to
the County's Chief Administrative Officer in writing.
The
Chief
Administrative
Officer
shall,
after
consultation with the Department of Public Works and
Transportation,
the Department of Fire and Rescue
Services,
the Fire and Rescue Commission and the
Corporation, as appropriate, resolve such disputes. The
Decision of the Chief Administrative Officer shall be
final.
MODIFICATION/CANCELLATION OF AGREEMENT:
This Agreement
may not be modified except by mutual written consent of
the County and the Corporation.
The Agreement may be
canceled by either party with ninety (90) days written
notice which shall include the reasons
for such
cancellation.
9.
10. CONSTRUCTION:
This agreement is to be construed as a
license for the Corporation to use the premises, and
creates no possessory interest in the Corporation.
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Station 25 - Operating Agreement
Page
7
of
7
11.
This agreement shall remain in effect for Twenty (20)
years from the date hereof:
T , MARYLAND
Date
U.
'
(997
lao
I
Grover, lector
artment of Fire and Rescue Services
D te
~
SO,
12t7
I
rks and Transportation
George Giebel, Chairman
Fire and Rescue Commission
KENSINGTON VOLUNTEER FIRE DEPARTMENT, INC.
~,
Zi,I-J57
Date
Andrew B. White, President
Kensington Volunteer Fire Department, Inc.
Approved as to form and legality
:Jv~
2
,
Date
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OFFICE OF TIlE COUNTY EXECUTIVE
I{OCKVll.LE. ,\!r\!\YI.AND
20l:\'iO
Douglas M. Duncan
County!::\,ccllth'c'
Augmt 10, 1999
Mr.
Th()llla~
Rhodes, President
Sandy Spring Volunteer Fire Department
Sandy Spring, Maryland
Dear Mr. Rhodes,
I
am
very pleased to transmit to you the attached Memorandum of Understanding (MOU)
covering the terms of
OUl"
agreement for the construction, financing, ownership. and operation of a new
Sandy Spring Fire Station 4. This agreement is unique: we arc entering together into a partnership unlike
<lny other in the history of our fire service. The resources
or
the County taxpayers arc being combined
with the funds, workhours, and il1lagination of
(he
Sandy Spring comll1unity -- through the fire
department --
(0
provide a first-class firc protection <1l1d community
ll1eeting
f,ICili!y jointly
owned and
paid for by hoth parties. Families and busincs;;es will continue
!o
enjoy olltstanding fire and rescue
protection, effectively delivered from a modern station, and Sandy Spring n.:sklcn[<;,
(IS
wdl
as the
Volunteer Fire DCpm1l11elll, can point with pride to n substantial new conllllUllity asset and
fOG1!
point.
Tbis MOU complements actions taken by the
County
COUllcllto
alllcnd the fire/resclie law
or
Ihe.
County and the Clpital improvemellts Program.
Thesl~
steps were taken carlier this spring to provide the
legal and budgetary framework for this
~pecial
partnership.
With your acceptance
or
tilis Melllorandum
completion of
design
and construction.
or
Undcrstundillg
bdow,
we can proceed to the
ha~
Thank
you
very, very
mllch
ror
the contribution your
dCpariJ11Cnt
We look forward to the ground
breaking
in thc
rail.
Sincerely,
'"
\ (
made to ollr :-;uccess tn dale.
o
.'
.
,.
;~,
.-
.....
\.
.
, / .. 1' '.--' ......, .•_-...
Douglas
1',,1.
[)um:;\11
COllll!)'
E;(ccutiVl~
DMD:rpc
Memorandum Accepted:
ThOlll<lS
Rhodes, President
Sandy
Spril1g Volunteer
Fire Departmenl
Attw.:hmcnt
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MEMORANDUM OF UNDERSTANDING
BETWEEN
SANDY SPRING VOLUNTEER FIRE DEPARTMENT
AND
MONTGOMERY COUNTY,
MARYLAND
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TABLE OF CONTENTS
Introdueti on
..
page
3
l. Title
la
Property
3
2. Station Usc
3. County's Purcbase Right
4.
County's
Purchase
Price
4
6
5. Sale of Property to a Third Part¥
page 6
page
7
page 7
page
7
page 7
6.
Proceeds
of
Sale
7. Adverse Possession
8. Insurance
9.
Responsibility
to
Maintain
10.
Station Management
" ................................ " ............page
8
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. page 8
page
12
page
\3
11, Construction Managemenl
12. Right to Mortgage ......... .
13. Depository of "As Built" Drawings
14. Contribution to Cost
15. Escrow of Funds .....
page
13
page
16
16. Post Construction Alterations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. page
17
2
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INTRODUCTION
TIlis Memorandum
of
Understanding (MOU)
sets forth the
agreement between Sandy
Spring Volunteer Fire Department, Inc. (SSVFD) and Montgomery County, Maryland (County),
concerning the construction, fimmcing, ownership,
and
operation of:J. new fire station to be
constructed on property located
at
the intersection of Route
108
and Brooke Road
and
acquired
for that purpose by SSVFD (station or property). The County and SSVFD will jointly fW1d the
construction of the station under arrangements set forth in
this
MOU. This MOU controls
the
actions
al1d
dealings
of the
parties
until
amended.
This
MOU must not
merge
into
any
deed or
deeds executed by
the
parties
to
implement this MOU.
Sec.!. TITLE TO PROPERTY.
The
parties
agree
to
hold
the
property
as tenant.s in common under a deed that
mllst
provide fo[,
the
right oftlle
County to acquire fu\[ title under the conditions set forth in Section 5
of this MOU. SSVFD must prepare tbe deed, and both parties must approve the deed. The deed
must
restrict transfer ()
f
the parties' interests
ill
the property, except as
pC1111i
lled for financing
under Section
12,
and must
reneet
the other
rights
and
obligations
incident
10
tille
as provided ror
in this
MOU.
SSVFD
must record tile
decd in the Land
Records
for
Montgomery County
bcCl)],C
construction of the station begins.
Sec. 2.
STATION
USE.
The
paliics
must usc
tbc
statim) Cor the primnry purpose of'providing
fil'c
nnd rescue
services
consistent with
the
policics
or
Montgomery County Fire and ResclIe Commission;
SSVFD may
Llse
the
station
I()r other
ancillary
(lctivilics customarily associated
v\lllb
a volunteer
3
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fire department. SSVFD must ensure that all of its uses of the station are lawful, consistent with
County policies, and conducted in a manner that does not create unreasonable risk of loss or
liability
for
the County.
Neither the County nor SSYFD may erect or permit the display on the property of any
sign or display except signs and displays that concern:
(a) fire and rescue services;
(b) a pennitted function on the property;
(c) contractors associated with the construction of the station during construction
of the station; and
(d) secular holiday or seasonal displays normaBy erected by a volunteer fire
corporation
tn
Montgomery County.
SSVFD may lease the community room to a caterer or other contractor to hold lawful
activities, including wedding receptions, bar mitzvahs, civic club meetings, and other community
activities. SSVFD may pcmlit at these acti vities the service of food, drink (including alcoholic
beverages), the perfonnance of music, dancing, and religious services. These activities may be
conducted
by
SSVFD, Community Support of SSVFD, Inc., or their auxiliaries.
Unless the Fire and Rescue Commission and the Chief Administrative Officer determine
that the public interest no longer requires that the station be used for fire and rescue services
neither party may change the use of the station.
Sec. 3.
COUNTY'S PURCHASE RIGHT.
The County has the right-but not the obligation-to purchase, and SSVFD has the
4
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obligation to
sell
to
the
County,
SSVFD's interest
in
the
property
if:
(a)
SSVFD voltmtarily dissolves its corporate
status.
An involuntary
dissolution-other than as a result of
an
insolvency
proceeding-that
is not
remedied
within
two
years is
considered
a volunlary
dissolution
for
purposes of
tllis
subsection
(a).
(b)
SSVFD
fails
to
provide
as
its
primary activity fire and
rescue
services
at
the
station.
(c)
SSVFD becomes insolvent. For
purposes
of
this MOU,
SSVFD
is
insolvent ifits
debts
exceed its
assets.
(d)
A creditor
of SSVFD
obtains
ajudgment lien
against
the
property,
and
SSVFD
i11ils
to obtain
a release of
the lien within 30 days. For
purposes
of
this MOU,
a
judgment lien includes a mcelmnic'" lien when the lien becomes ajudgmcnt.
(e)
SSVFD defaults on a
debl
to a
creditor
that
holds
a
deed
of
trusl
or
mortgage
permitted under
Section
l2.
If the County exercises its right to purchase
SSVFfYs
interest in the
properly
under this
section, the day-ta-day
relations
bel\vcen the
parties must continue
to be determined under Fire
and Rescue Commission policies as
npplieablc
to (my
Olher
County-owned lire
slation.
The
County's right to purchase
(he
property under subsections (c),
(d),
or
(e)
oftl1i!:i Section may be
exercised only
after all applicable insurance
coverages
have been exhausted.
SSVFD
agrees to execute
\vhatever documents
Illay
be necessary
to
lransfer to the
County its interest in
tbe
property free
oC
any liens or
01
her
claims
against the property. In the
"
it
5
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event the County purchases SSVFD's interest in the property under this Section, SSVFD must be
considered to have no financial investment in the property for purposes of Section 21-26 of the
Montgomery County Code (1994).
Sec.
'4..
COUNTY'S PURCHASE
PRICE.
(a)
The purchase price for the property to be paid by the County to SSVFD is $1.00 if
the County elects to acquire the property under Section 3(a) or (b).
(b)
lfthe County elects to acquire the property from SSVFD under Section 3(c), the
purchase price to be paid by the County is the lesser of the full-market value of
SSVFD's interest in the property or SSVFD 's debts.
(c)
If
the County elects to acquire the property under Section 3(d), the purchase price
to
be
paid
by
the County
will
be the lesser ofthe fair market value of SSVFD's
interest in the property or the amount of the liens against SSVFD's interest in the
property.
(d)
If the County elects to acquire the property under Section 3(e), the purchase price
to be paid by the County will be the lesser of the fair-market value ofSSVFD's
interest in the property or the outstanding balance owed to the creditor thal holds
the security interest in the property.
Sec. 5. SALE OF I'ROPERTY
TO A THIRD
PARTY.
SSVFD may not transfer its interest in tbe property to a third party without the consent of
the County.
lfthe Fire and Rescue Commission and the Chief Administrative Officer detennine that
6
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·the station is
no longer
needed
for providing
fire and
rescue services,
SSVFD must at its option:
(a)
H
Agree
to
sell the
property
to a third
party; or
Purchase
the County's interest in the
property for
its fair
market
value.
(b);
Sec.-G. PROCEEDS OF SALE.
If the parties jointly
agree
to sell the property to a third party
while
they are tenants in
common, the
parties
must divide
the
proceeds
of
sale in
accordance with
Section
21-26 of the
Montgomery County Code (1994).
Sec. 7. ADVERSE POSSESSION.
Neither party may
acquire
any rights in the property against
the
other
by
adverse
posseSSlOn.
Sec. 8. INSURANCE AND INDEMNIFICAT[ON.
SSVFD
must
obtain and maintain insurance of the type and amount required
by
the
County of other
volunteer
fire
departments.
SSVFD agrees to indemnify and hold
!li.H1111css
the
County fl:om
any damage
caused
by
SSVFD, its invitees, and its agents, includ:ng any contractor or guest using the community
room,
frol11
claims
for
personal
inj ury
or property
damage
arising out 0 ['
the negligence,
errors, acts, or
omissions
of these entities.
Sec. 9. RESl)ONSIBILITY TO MAINTAIN.
SSVFD is responsible for the ongoing maintenance and operation of the station, includIng
payment of utilities and maintenance of the grounds. SSVFD must maintain the station in a
manner consistent with maintaining the functionality of the program of requirements set out in
7
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the FY 99 Capital Budget Agreement dated July 20, 1998, including the energy program of
requirements
for
new fire stations.
SSVFD may perform routine maintenrulce of the station without County approval.
Structural modifications and
al
terations of the property are covered under Section
16
of
this MOU.
SSVFD may pay for the maintenance of the property out of tax funds, except for the
interior of the community room and the adjoining kitchen. The maintenance of these areas must
be paid for out of SSVFD' s non-tax funds.
Sec. 10. STATION MANAGEMENT.
After construction of the station, SSVFD
will
be responsible for the management and
control of the station. SSVFD must manage and control the station in a manner consistent with
this MOV and must generally comply with the laws and regulations applicable to the operation
and management of the station.
Sec.1t. CONSTRUCTION MANAGEMENT.
The station must be built, subject to final approval by the County, according to the plans
and specifications that have been prepared by David Almy, AlA, in conformity with the program
of requirements attached to the FY 99 Capital Budget Agreement under Project No. 459901. No
other specifications, plans, or requirements may be used.
(a)
Preparation oflnvitation for
Bids. SSVFD must prepare the invitation for bids
(IPE) for construction of the station. The IFB must reflect the approved plans and
off site improvements agreed to by the parties; the IFB must be consistent with
8
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Fire and Rescue Commission policies. The IFE must
contain
a provision that a
goal of 15% minority-female-disabled owned business participation will be
sought in the construction of the statioll. SSVrD must obtain the approval of the
County before releasing the IFB. The IFf) must provide that the construction
contract includes provisions for contraclor quality control and a warranty of work
and materials for
one
year from
the
(b)
da1...:.~
of substantial completion.
Bids Above Expected Level.
If the
bids for construction of the station exceed the
budget of either party, the parties
will
consult and endeavor to solve the problem
by
redesign, cost-cutting or value engineering. If those efforts are unsuccessful,
either party may elect to withdraw from its obligations under this l'v[OU without
further obligation or cost 10 tile 'vvitlldrawing l'aI'ty. SSVFD agrees IIl;}l thc
County's obligation to contribute funds
Co
this project, including
ofT-sfte
construction,
muslnot
exceed the Coullly's ,lppropriatioll authority. The County
agrees that SSVFDnlllY \vilhJr;!w {'rom this i'.tOU, ifill SSVFD'sjudgmenlthc
bids illdicate (hat SSVFD could not meet
of tilc
cost
(c)
ilS
obligation to contrihulc at lcastSO%
or
thc sl;ltinll.
Sdcdiol! of
COlliradol·.
SSVTD
ll1usl
perini! I.he
Counly
10
p;lrlicipal.c ill lhe
bid opening. SSVFD
Illllsl
l·ol1o\Y Fire
<111<1 I\escuc
COJ11mission procedures in lhe
selection
unL!
approval uf" cOl1struction cOlllraclors. SSVFI) must obtain the
County's apl1i"ova! before it approves the contracl scope, contract
cost,
and
conslnlcliull
schedule.
9
@
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(d)
Construction
Management
1.
The County
designales
SSVFD as
ilS
agent
[0
manage the construction of
the station. SSVFD guarantees the completion of tIle project and may not
defer completion of any portion of the project.
2.
SSVFD
must
obtain all
building permits
and land
use
approvals. Permit
fees, inspection fees, und other review and inspection
eosts
must be
included in the project budget.
3.
Before SSVFD issues a notice to proceed (NTP), SSVFD must furnish the
County with copies of all permits and approvals that arc pre-requisites for
the commencement of construction.
4.
SSVFD
must obtain from the
contractor
a
performance and labor <md
material
payment
bOllli
in an
umollnlnt
least equnl
l() lhe
full
contracl
price.
SSVFD
mllst
require (he contractor to
mcetlile
n1nndalory
insurance requirements atlached to (hi,::; lv'IOU.
5.
SSVFD must
GlLlSC
the
County to be
listed
as n co-obligee on all
bonus
and
must lLlrnish
10
the
CounlY copies o['llle bonds
bd(ll'C
issuance
or
lhe
or
NTP.
G.
Before
issuance urtbe
NTP.
th~
ssvr:o
must
Curnish
10
(he
County a copy
contractor's insurance
meeting
requirements
the aUachmenl
to
this MOU.
7.
SSVFD must !lot approve
allY
changes
to the construclioll doeumel1ts
10
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without first obtaining the approval oftbe County. The County agrees that
it will not delay or unreasonably withhold approval of a proposed change
to the construction documents.
8.
SSVFD must not approve a change order to the construction contract
without first obtaining the approval of the County.
9.
All invoices must be approved by both parties before payment. Both
parties agree to approve or reject an invoice within 30 days. Reasons for
rejection
of
any invoice must be staled
in
\'vTiting
and
the reasons must be
complete and specific.
10.
Before construction begins, the
County
must appoint
a
liaison
representative
(LR).
The
LR
will regubrly monitor construction progress
and attend all construction mcetings. SSVFD mllst provide the LR with
copies of all minules
0
r
progress meetings and schedule updates.
The LR
must have unrestricted access to lhe construction site and must be included
in all
on-site
inspections. SSVFD's obljgations under this paragraph
tlre
satisfied
when
timely notice is given
to
lhe
U~
that a
particular
meeting or
event is to
occur.
it
is
the responsibility
oC
[he County to
have
available
and in attendance at progress meetings the
LIZ
or the LR's designee.
I 1.
All liquidated damagcs mllst he shared proportionatc!y
by
the parties.
The ccrtiJicate of substantial compktiol1
must
be approved
by
the County
betore
it
becomes encctivc.
Ii
12.
 PDF to HTML - Convert PDF files to HTML files
13.
SSVFD must notify the County orany claims filed by the contractor and
must provide the County
the
right
LO
approve any claim
sentcment.
14.
The LR has the authority, on bchalfofthe County, to:
i)
approve final
design documents;
ii)
approve the IFB;
iii)
approve the contact scope,
contract cost, and construction schedule; iv) determine that the pre­
requisites for issuance
or
the NTP have been met; v) approve for payment
all
invoices; vi) approve change orders; vii) approve changes in the
construction documents;
and
viii) approve the certificate of subslamial
completion. The
U~
docs not bave authority
Lo
make regulatory decisions
on behalf of tbe County. Although SSVFD
i:::;
responsible for
communicating with all rcgulaLory agencies, the LR will assist SSVFD in
communicating with these regulatory agencies.
[5.
SSVFD must carry out commissioning and mechanical plan
review
by
way of Complete Building Services
(CnS)
as set forth in the altached
letter from CBS dated October 8,
1997,
to ensure that the mechanical
systems are designed and installed in accordance with the construction
documenls
~tnd
in a qualily, maintainable manner.
Sec. 12.
RIGHT TO MORTGAGK
In securing financing for its share of the construction costs, as well as the cost of any
future permitted alterations, SSVFD may pledge its inlerest in the property as security
for
a .
construction loan. SSVFD must require tbat any secured lender: (a) give notice of any default in
12
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the
loan to the County; and (b)
in
the evenl ofSSVFlJ's
f11ilurc
to cure a default,
give
the County
the right to purchase
SSVFD's
interest in
the
property under
Sections
3 and 4 of
this
MOU. The
County must execute
such
documents as may
be
necessary
to pennit SSVFD
to mortgage
SSVFD's interest in the property. But
SSVFD
acknowledges that the County does not agree to
and
cannot execute
a
document
that
obligates
the
County
to
pay SSVFD's obligation
or
pledge
the County's interest in the propcliy as security for SSVFD's loan.
Sec.B. DEPOSITORY
OF
"AS BUILTH DRAWINGS.
A
copy
of
the final drawings of
the
station as actually
built
must
be
kept
ill
the station for
the use of both parties and must remain there permanently.
This
copy of
the
drawings must not
be removed either temporarily or permanently. But
SSVFD
must require the contractor to
provide
the
County with
a separate copy of tile "as buill" dl'awings in CAD rormat.
Sec. 14. CONTRIBUTIONS TO COST.
(n) Consistent with Section 21-26 of' tbe Montgomcry County Code
(1994),
SSVFD
agrees
that
it
must conLribute at least 50% of thc cost
0
C
the station,
i
nc1uding any
[and
costs and (/ IT-si tc costs directi
y
011\
ributabte to the station.
(b) For purposes of :his j'vl0L contributioll
to
cost mcans cash payment except
where expressly noted bdO\v. SSVFD may--in lieu of cash
payments-get
credit
for any
donations.
i
I'the
parties agree on
the appropriateness
of the
donation.
This
agreement
it)r
a credit
mllst
include
consideration of
110\V
the value oflhc
donation
will be determined and how both
parties
can be assured of tbe
quality
of
the
donated item, including
adeq ualc
warranty protection. The cost
orthc
station
13
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includes the cost of acquiring:
1.
Planning, design, and construction supervision. For construction
supervision, each party may charge up to a maximum of 4% of the final
cost of the station. SSVFD
will
get credit in the calculation of its share of
the final cost of the station for up to 100% of any supervision costs that it
donates in kind up to the lesser of the amount charged by the County or
the
4%
maximum.
2. Land. SSVFD
wili
get credit in the calculation of its share of the final
cost of the station for the market value of the land donated to the station by
SSVFD. The market value of the land will be determined by completion
of
a
minimum of one independent appraisal by
a
firm to be agreed to by
both parties. The costs of the appraisal
will
be included in the cost of the
station.
3. Site improvements and utilities, including all permits.
4.
Constmction of the station, including
all
permits.
5. Furnishings and equipment, excluding the value
of
any currently owned
furnishings and equipment supplied by SSVFD.
6. Off-site costs directly attributable
to
the station. Off-site costs mean
items of expenditure for improvements that are:
i)
for use of the station;
ii)
required because of the building and operation of the station; and
iii)
provide no more than incidental benefit to other properties or the public
14
 PDF to HTML - Convert PDF files to HTML files
generally.
(c)
1.
The County will contribute the lesser of 50% of the cost of the station
that the County would build at the intended location
if
the County were
fully funding a County-owned
station,
or 50% of the final cost of the
station.
2. The station the
County "would build" means
a
class
I
prototype station
. Ij
Ii
with
gross square
footage as
shown on
the attached table. (prototype
sta:ion).
3. Because
no bids
will
be
solicited for the prototype
station,
calculating
50%
of
the cost ofthe
prototype
station
wit!
be
based
on
a cost estlmate
prepared.
by
the
Montgomery County Department of Public Works and
TranspOltation,
Di
visioll
of
Facilities
and
Services.
The Division of
Fadlitics
and
Services will usc. (he follO\ving general
procedure
to
establish the cost of the prototype station:
i)
To determine the cost
or
constructing the prototype station,
including the cost for
planning,
design. project supervision,
constructioll, site
improvemcnls,
consLl"Uction
pcrmi(s,
furniture,
will multiply
[lle
gross
square
j<JOlugc
oftbe
and
equipment.
Drs
prototype
station times
the final per
sqtmrc
root cost for Station
IS
(the
1110st
recently construcled County fire station) updated for: a)
the <ldd
i
(ion of a vehicle ex Illtusl
syslem
l'eC[ uircd for
stations
15
 PDF to HTML - Convert PDF files to HTML files
constlucted after Station 15; and b) inflation through September
1999
by the Department of Finance, using the consumer price
index for the Washington-Baltimore region.
ii)
To estimate the cost ofland, the Division
of
Facilities and
Services will use 100%
of
the market value of the land being
donated by SSVFD.
iii) For
off~site
costs, the Division
of
Facilities and Services will
use 100%
of
the cost
of
those
off~site
improvements for the station
as determined under paragraph (b)(6).
4. The final amount the County is obligated to contribute to the station-
subject to the availability of appropriated funds-will be determined after
"
.',
completion
of
all accounting for
the
station.
Sec. 15. ESCROW OF FUNDS.
At the time SSVFD enters into an agreement with the construction contractor, the parties
must place in escrow, with a financial institution or other entity selected by mutual agreement,
their respective portion
of the
construction cost.
The escrow
agent
must not be a
government
entity, nor an individual. After approval of an invoice, the escrow agent must pay the invoice.
Since part of SSVFD's contribution to the project is non-monetary, it is understood that
SSVFD's funds could be exhausted before all construction costs are paid; in that event payments
will
be made entirely from County funds. The escrow agent must place the funds held in an
interest-bearing account, and earned interest must first be applied to the fees of the escrow
agent
16
 PDF to HTML - Convert PDF files to HTML files
and then credited to the separate accounts of the parties in proportion to their interests as they
may appear from time to time.
If
funds remain in the escrow account after payment of all
construction costs, the escrow agent must return the remaining ft.:.nds to the parties in proportion
to their respective interests in the remaining funds.
Sec. 16.
POST- CONSTRUCTION ALTERATIONS.
This Section applies after 6e certificate of substantial completion has been approved.
Either party may propose to alter the station. Both parties must consent
to
any alteration.
Consent to a proposed alteration must not be withheld by either party without valid and
compelling reasons. An alteration must be consistent with: (a) Fire and Rescue Commission
policies; (b) the County's energy conservation program ofrequtrements for new stations;
(c)
any
collective bargaining agreement, or (d) rendering effective and efficient fire and rescue services
at
the station.
The parties, by their authorized representatives, sign this MOU in multiple original copies
as a
record
of
their understanding.
SANDY SPRING VOLUNTEER FIRE
DEPARTMENT, INC.
MONTGOMERY COUNTY, MARYLAND
. ': -
B~
~
G,
'S1
.
(~~)
'\
....::,~
Thomas Rhodes, President
Date:
Date:
.
.g..
{
c·,·-
,'-" --"1
{
.J-
17
 PDF to HTML - Convert PDF files to HTML files
Me
3el 217 Z7S6
(F.
i'1:)MT.
g.
EllIX.i •
301 217 2756
p.19/23
~commended
to
Exec.
Board By:
R..ecam.mended.
by:
~~~
lP
Thomas C
~
Rhodes
~
"t.
~
-"\"
President
t
Robert
Kendal
Office
ofManagcmcnt
and
Budget
App""Oved as
to
form.
and
legality:
MPH:ijs
I:\G1\KANSEM\s.svf~o\l.wpd
18
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MANDATORY INSURANCE REQUIREMENTS
Construction Phase
ofNeH!
Fire Slation
4 -
OMB
Prior to the execution of the contract tor construction of the station, the proposed awardee must
obtain
at
its own cost and expense and keep
in
force and effect until termination of the
contractual relationship with SSVFD the following insurance with an insurance
company/companies licensed to do business in the State of Maryland evidenced
by
a
certificate
of
in~)Urance
andlor copies of the insurance policies. Contractor's insurance must be primary.
Commercial General Liabilitv
A
minimum limit ofliability of
two million dollars
($2,
O()O, 0(0),
combined single limit, for
bodily injury and property damage coverage per occurrence including the following coverages:
contractual liability
premises and operations
independent contractors
products and completed operations
Automobile Liability Coverage
A
minimum limit ofliability of
two million
dollars
($2,000,000),
combined single limit, for
bodily injury and property damage coverage
per
occurrence including
the
following:
owned automobiles
hired automobiles
non-owned automobiles
Builder's AU Risk Propertv Insurance
The contractor must provide
a
Builder's
All
Risk Policy including fire and extended coverage to
protect the interest of SSVFD, the County, contractor and sub-contractors against loss caused
by
the perils insured in the amount of 100% of the insurable values of the project. The coverage
must be written on a completed value form. The policy must also endorse a demolition and
clearing clause, extra expense and loss of use coverages with a sub-limit of $500,000 per
occurrence.
Worker's Compensation/Employer's Liabilitv
Meeting all requirements of Maryland law and with the following minimum limits:
bodily injury by accident - $100,000 each accident
bodily injury by disease - $500,000 policy
limits
bodily
injury
by disease - $100,000 each employee
Additional Insured
Montgomery County Government
and SSVFD
must
be
named as
an
additional insured on
general liability policies.
 PDF to HTML - Convert PDF files to HTML files
Montgomery County Government and SSVFD
m:'lst
be named as Loss Payee's on all
liability
policies.
Forty-five (45) days' written notice of cancellatIon or material change of any of the policies is
required.
Certificate
I-tolder
Montgomery County Government
Office of Management and Budget
Attn: Robert K. Kendal, Director
101 Monroe Street
14
tb
Floor
Rockville, Maryland 20850
MPH:tjs:tm
I:\GJ\HANS13M\ssv fd=o=mou requirements attachmenl. wpd
 PDF to HTML - Convert PDF files to HTML files
Complete Building
Services
Heating
0
Cooling \) Energy Management
¢
Buildin~
Operation ,') Plumbint5
October 8, 1997
Sandy Spring Volunteer Fire Department
816 Olney Sandy Spring Road
Sandy Spring, Maryland 20860
Attn: Tom Rhodes
President
Subject:
Construction Document Review/On Site Inspection Services
New Fire Station 4
Dear Mr. Rhodes:
Complete Building Services will provide Plan and Project Documentation Review to
ensure that the design follows the Energy Program of Requirements according to
Executive Regulation 68-91 AM.
We will also provide design review and on site inspection services to ensure that
mechanical systems are being designed and installed per the construction
documents and in a quality, maintainable manner.
Since we
will
be assisting in the operation and maintenance of this facility's
infrastructure, our goals will include a well designed HV
AC
system that is energy
efficient and maintainable. Thank you for the opportunity to serve you.
/~~~
S. Dermatas
a]4~
Director of Operations
2101 Wisc"onsln :\venue. \.\\: :
C202} 333...;977: ({03) 8-\8·! 838 ':
1--:\.\
(202) 3-l2·5! 89
 PDF to HTML - Convert PDF files to HTML files
TABLE ONE
SANDY SPRING FIRE STATION FOUR
ESTIMATE OF GROSS SQUARE FOOTAGE OF
WHAT THE COUNTY WOULD BUILD
Gross
Sq.
Station Element:
Footage
Apparatus/Say area:
5,480
Dorm and support space:
2,750
living area:
1,800
Administrative area:
1,270
Public areas:
350
Genera!:
700
Maintenance:
1,000
Community Room:
2,000
15,350
Subtotal
Circulation
@
25%
3,838
Total
19,188
Z:Kendar\data\excej\SSWhat
6/14/99
@
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Wheaton Rescue Squad Relocation -- No. 450505
Category
Subcategory
Administering Agency
Planning Area
Public Safety
Fire/Rescue Service
Fire/Rescue Service
Kensington-Wheaton
Thru
FY09
Est.
FY10
Total
6 Years
Date Last Modified
Required Adequate Public Facility
Relocation Impact
Status
January
09, 2010
No
None.
Final Design Stage
Beyond
6 Years
EXPENDITURE SCHEDULE ($000)
621
239
139
100
0
0
0
0
0
1,000
0
0
0
0
0
0
0
0
899
450
450
0
0
0
a
a
a
3,955
1,978
1,678
300
a
a
a
a
a
~
150
375
375
a
.0
a
a
a
a
I-.:T='07ta=;I-----------~
6,625
3,042
2,642
400
0
0
0
0
0
~~---------------.
F=.U~N~D~IN~G~S~CH~E~D~U~L~E~($~O~O~O)~~~--~----~--~~--~--~
G.O. Bonds
PAYGO
r.T~o~ta~I~-----------+-~~
Maintenance
Energy
Net Impact
Cost Element
Planning, Design, and Supervision
Land
Site Improvements and Utilities
Construction
I
Other
Total
FY11
FY12
FY13
FY14
FY15
FY16
1,035
1,000
1,349
5,933
175
0
0
0
ti
0
0
0
a
0
0
a
a
a
+-~6~6~2~5t-~3~O~42~~2~6~4~2+--~4~00~--~0~---0~--~0~--~0+---~o
6,625
a
3,042
2,642
a
a
0
400
a
a
&...;...;..;..;.;.;...------------""--=
OPERATING BUDGET IMPACT ($OOO)
275
205
r
480
a
0
39
25
64
59
45
104
59
45
104
59
45
104
59
45
104
DESCRIPTION
The Wheaton Volunteer Rescue Squad (WVRS) is planning to relocate from its existing facility, located at
11435
Grandview Avenue, to a new site at the comer
of Georgia Avenue and Arcola Avenue. The WVRS has been at the Grandview Avenue location for approximately
35
years. The facility, a Class 1
Fire/Rescue Station, will be located on property owned by the WVRS.
ESTIMATED SCHEDULE
The design is
90%
complete. The construction schedule is dependent on the Wheaton Volunteer Rescue Squad securing a loan for its share of project cost.
JUSTIFICATION
The Grandview Avenue facility is in poor overall condition and is significantly undersized to meet the needs of the WVRS. This project is recommended in the
Fire, Rescue, Emergency Medical Services, and Community Risk Reduction Master Plan approved by the County Council in October
2005.
OTHER
Preliminary cost estimates have been provided by the WVRS. The expenditures reflect about one-half of the total cost of the project as WVRS
is
contributing
the remaining one-half using non-County funds. MCFRS and the WVRS have developed a Memorandum of Understanding to address terms for construction,
financing, ownership, and operation of the new station. Upon completion of the project, the County and the WVRS will share ownership of the slation and
la~"'~
FISCAL NOTE
Debt service for this project will be financed with Consolidated Fire Tax District Funds. Project schedule amended to reflect current implementation plan.
OTHER DISCLOSURES
- A pedestrian impact analysis will be performed during design or is in progress.
APPROPRIATION AND
EXPENDITURE DATA
Date First Appropriation
First Cost Estimate
CurrentScoDe
Last FY's Cost Estimate
Appropriation Request
FY05
FY05
($000)
COORDINATION
Montgomery County Fire and Rescue Service
Wheaton Volunteer Rescue Squad
Department of General Services
Department of Permitting Services
Department of Technology Services
Office of the County Attorney
Mid-County Regional Services Center
Wheaton Redevelopment Office
M-NCPPC
M
4.239
~
~
l1'
~
~
n.c:.nJIIll '''''''''':............
9,842
FY11
0
0
0
0
Appropriation Request Est.
FY12
Supplemental Appropriation Request
Transfer
Cumulative Appropriation
Expenditures / Encumbrances
Unencumbered Balance
Partial Closeout Thru
New Partial Closeout
..otal Partial Closeout
County Council
FYOa
FY09
f
~
QJ'­
~
-~.,
fi
~
~
~
9,842
188
9,654
0
0
0
,~
...
'
:
,
...........
b
I
[
l \
\
~
-
1---.
1 U-l
I
-
I
/
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October 25, 2010
Nancy Floreen, Chairperson
Montgomery County Council
100 Maryland Avenue
Rockville, MD 20850
Chairperson Floreen:
As the County Council weighs the relocation of Fire Station 18 at Randolph Road and Georgia Avenue,
balancing the history of the dedicated service of the Kensington Volunteer Fire Department and the
prospects of building a new and modernized facility, the Glenmont community also eagerly awaits the
future development in the area.
Therefore, the Greater Glenmont Civic Association (GGCA) backs the relocation plan for the fire station
as the lynch pin to a host of capital improvement projects planned overthe next 3 to 7 years, starting
with the grade interchange project putting Randolph Road under Georgia Avenue.
We view this as the start of a new chapter in the Glenmont area arid beyond, so while the GGCA
recognizes that change can be challenging we
also
feel optimistic that we can build upon this transition
and grow together with local fire fighters, Montgomery County, area businesses and other local civic
associations and non-profits to move our community forward.
Sincerely,
Steve Hanmer
GGCA Vice President