Agenda Item 10
January 18,2011
Public Hearing
MEMORANDUM
TO:
FROM:
SUBJECT:
County Council
Robert H. Drummer, Senior Legislative Attorney
fn,'2r
Public Hearing:
Bill 58-10, Contracts and Procurement
~
Sale of Surplus School
- Amendments
Bill 58-10, Contracts and Procurement - Sale of Surplus School - Amendments,
sponsored by the Councilmember Andrews and Council Vice President Ervin, was introduced on
December 7, 2010. A Government Operations and Fiscal Policy/Education Committee
worksession will be scheduled at a later date.
Background
Md. Education Code §4-115(c) and County Code §llB-45(c) require the Council to
approve the sale of surplus school property. Bill 58-10 would prohibit the Council from
approving the sale of a surplus school after October 31 of a year when a new Council is elected
until the newly elected Council takes office.
This Bill would not create the first limit on the authority of a lame duck Council. Md.
Code Art. 28 §8-1 04(a) prohibits the Council, sitting as the District Council, from approving an
amendment to the Zoning Code after October 31 of a year when a new Council is elected until
the newly elected Council takes office. This State law was enacted after a lame duck Council
had rezoned approximately 2000 acres of land contrary to a master plan one week after an
election where all but one Councilmember failed to be re-elected.
1
The Comprehensive Water Supply and Sewerage Systems Plan also prohibits the Council
from amending the Plan after October 31 of a year when a new Council is elected until the newly
elected Council takes office.
This packet contains:
Bill 58-10
Legislative Request Report
Fiscal Impact Statement
Circle
#
1
4
5
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1
These facts are described in
Norbeck Village Joint Venture v. Montgomery County Council,
254 Md. 59 (1969).
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Bill No.
58~10
Concerning: Contracts and Procurement
-
Sale of Surplus School ­
Amendments
Revised: December 7.2010
Draft No.
~
_ _ _ _ _ _ _ __
Introduced:
December 7,2010
Expires:
June 7, 2012
Enacted: _ _ _ _ _ _ _ _ __
Executive: _ _ _ _ _ _ _ __
Effective: _ _ _ _ _ _ _ _ __
Sunset Date: _ _ _---::::--_ _ __
Ch. _ _, Laws of Mont. Co. _ __
COUNTY COUNCIL
FOR MONTGOMERY COUNTY, MARYLAND
By: Councilmember Andrews, Council President Ervin, and Councilmember Eirich
AN
ACT to:
(1)
(2)
prohibit the Council from approving the sale of a surplus school during a certain
time period; and
generally amend the law governing the sale of a surplus school.
By amending
Montgomery County Code
Chapter 11 B, Contracts and Procurement
Section llB-45
Boldface
Underlining
[Single boldface brackets]
Double underlining
[[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. 58-10
1
2
Sec.
1.
Section IlB-45 is amended as follows:
IlB-45. Disposition
of real
property.
3
4
*
*
*
(c) The Executive must adopt regulations to establish a process for
disposition of surplus schools. As used in this Section, "surplus
school" means any building used at any time as a public school and
later conveyed to the County and all or part of the land which
constitutes the school site, and "disposition" means a sale or a lease
with an option to buy. The regulations must provide for:
(1) the ultimate decision by the County Council, as required by
state law, whether to dispose of a surplus school and its site,
including any fields and recreational areas;
(2) a statement from the Board of Education before a surplus
school is disposed of that the school will not be needed for
public educational uses in the foreseeable future, and in any
case at least for 10 years after the proposed sale;
(3) a statement from the Executive that the surplus school will not
be needed for public recreational or human service uses in the
foreseeable future;
(4) (A)
timely referral to the Planning Board for its review under
state law of any proposal to dispose of a surplus school,
and
(B) a statement from the Board that the site will not be
needed for park uses;
(5) an opportunity to offer alternative proposals before the
Executive recommends a disposition to the Council;
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-2-
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BILL
No. 58-10
27
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Approved:
(6) a public hearing by the Executive or the Executive's designee,
after reasonable notice, before any proposal to dispose of a
surplus school is fotwarded to the Council for action;
(7) a preference for the disposition that best retains public access to
the school and its athletic and recreational facilities; and
(8) inclusion in any sale or lease with an option to buy of a clause
that retains the County's right to first refusal of any later sale of
the property, subject to any mortgage or deed of trust then on
the property, at fair market value.
If the Council does not receive any statement required under
paragraphs (2)-(4), it may nevertheless dispose of a surplus school if it
finds, considering all factors, that the public interest will be best
served by disposing of the school. The Council must not approve the
sale of
~
surplus school after October
11
*
of
~
year when
~
new
Council is elected until the newly elected Council takes office.
*
*
Valerie Ervin, President, County Council
Date
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Approved:
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Isiah Leggett, County Executive
Date
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This is a correct copy ofCouncil action.
48
Linda M. Lauer, Clerk ofthe Council
Date
-3-
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LEGISLATIVE REQUEST REPORT
Bill 58-10
Contracts and Procurement
-
Sale ofSurplus School
-
Amendments
DESCRIPTION:
The Bill would prohibit the Council from approving the sale of a
surplus school after October 31 of a year when a new Council is
elected until the newly elected Council takes office.
State law authorizes the Council to approve the sale of a surplus
schooL The sale of a surplus school is an irrevocable action that
should not be taken by a Council in the last month of its term of
office.
To prohibit the Council from approving the sale of a surplus school
after October 31 of a year when a new Council is elected until the
newly elected Council takes office.
Chief Administrative Officer.
To be requested.
To be requested.
To be requested.
To be researched.
Robert H. Drummer, 240-777-7895
Not applicable.
PROBLEM:
GOALS AND
OBJECTIVES:
COORDINATION:
FISCAL IMPACT:
ECONOMIC
IMPACT:
EVALUATION:
EXPERIENCE
ELSEWHERE:
SOURCE OF
INFORMATION:
APPLICATION
WITHIN
MUNICIPALITIES:
PENAL TIES:
None.
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OFFICE OF MANAGEMENT AND BUDGET
Isiah Leggett
County Executive
Joseph F. Beach
Director
MEMORANDUM
December 22,2010
TO:
'FROM:
SUBJECT:
Valerie Ervin, President, County Council
JosephF.
Beac~~
Bill 58-10, Contracts and Procurement Sale of Surplus School- Amendments
The purpose ofthis memorandum is to transmit a fiscal and economic impact statement
to the Council on the subject legislation.
LEGISLATION
SUMMARY
This bill amends the law governing the sale of surplus school by prohibiting the Council
from approving the sale ofa surplus school after October
31
st
ofa year when a new Council
is
elected
until the newly elected Council takes office.
FISCAL SUMMARY
The bill will not have a fiscal impact on the County. The bill places a restriction on the
time period which the County Council may enact legislation governing the sale ofsurplus schools.
It
does not require any additional resources
to
implement the law; therefore it has no fiscal impact
ECONOMIC
SUMMARY
This legislation will not have an economic impact on the County.
The following contributed to and concurred with this fiscal and economic analysis:
Cynthia Brenneman, Department of General Services, Blaise DeFazio, Office ofManagement and
Budget, and Michael Coveyou, Department ofFinance.
JFB:bd
c: Kathleen Boucher, Assistant Chief Administrative Officer
Cynthia Brenneman, Department of General Services
Michael Coveyou, Department of Finance
Blaise DeFazio, Office of Management and Budget
John Cuff, Office of Managemt?nt and Budget
'i
Office of the Director
101 Momoe Street, 14th Floor • Rockville, Maryland 20850 • 240-777-2800
www.montgomerycountymd.gov
®