AGENDA ITEM 4
May 22, 2014
Action
MEMORANDUM
TO:
FROM:
County Council
(jO
Glenn Orlin, Deputy Council Administrator
SUBJECT:
~Michael
Faden, Senior Legislative Attorney
Action:
Expedited Bill 26-14, Parking Lot Districts - Transfer of Funds
Expedited Bill 26-14, Parking Lot Districts - Transfer of Funds, sponsored by
Councilmernbers Berliner, Branson, Floreen and Riemer, was introduced on May 6, 2014. A
public hearing was held on May 13 at which no speakers appeared.
Bill 26-14 would authorize the transfer of parking fee revenues from one parking lot district
to another, conditioned on a reasonable repayment agreement. The Council would approve each
transfer, including the tenns of repayment, in the annual operating budget resolution or a separate
resolution. This Bill would not authorize the transfer of any parking lot district
tax
revenues.
This Bill is intended to allow a one-time transfer in FY15 of parking fee revenues from the
Silver Spring parking lot district to the Bethesda parking lot district to cover a shortfall
in
opemting
funds, as the Transportation, Infrastructure, Energy, and Environment Committee discussed
in
its
worksession on the parking lot district budgets on April 24 and the Council later approved in
concept. The current law, County Code §60-16, does not authorize this kind of transfer.
This packet contains:
Expedited Bill 26-14
Legislative Request Report
Fiscal and economic impact statements
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Expedited Bill No. =:26:::....-..:..:14L--_ _ __
Conceming: Parking Lot Districts ­
Transfer of Funds
Revised:
4/30/14
Draft No. 3
Introduced:
May 6.2014
Expires:
November 6, 2015
Enacted: _ _ _ _ _ _ _ _ __
Executive: _-:-:--:---::-:-:-:-_ _ __
Effective:
July 1.2014
Sunset Date:
-,N:..!:o~n!!::e
_ _ _ _ __
Ch. _ _, Laws of Mont. Co. _ __
COUNTY COUNCIL
FOR MONTGOMERY COUNTY, MARYLAND
By: COlUlcilmembers Berliner, Branson, and Floreen
AN EXPEDITED ACT
to:
(1)
authorize the transfer of certain funds from one parking lot district to another; and
(2)
generally amend the law governing parking lot districts.
By amending
Montgomery County Code
Chapter 60, Silver Spring, Bethesda, Wheaton and Montgomery Hills Parking Lot
Districts
Section 60-16, Purpose of parking lot funds
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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Expedited Bill No. 26-14
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Sec. 1. Section 60-16 is amended as follows:
60-16.
Purpose of parking lot funds.
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Notwithstanding the limits in subsection
.cru
or
!hl
or any other
provision of this Chapter, the County Council may authorize
the transfer of revenue from parking fees collected in
~
parking
lot district in any fiscal year to temporarily fund the operations
of another parking lot district. In this subsection, "parking fee"
means revenue from parking meters, parking permits, or any
other user charge for parking.
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The Council must approve any transfer under this subsection in
the resolution approving the district's annual operating budget
or in
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separate resolution.
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Each transfer of funds must be
Each
conditioned on
reasonable repayment agreement.
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authorizing resolution must specify:
(A) the purposes for which the transferred funds may be
used; and
ill}
the terms of repayment to the originating parking lot
district.
Sec. 2.
Expedited Effective Date.
The Council declares that this
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legislation is necessary for the immediate protection of the public interest. This
Act takes effect on July 1, 2014, and applies to any fiscal year that begins on or
after that date.
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LEGISLATIVE REQUEST REPORT
Expedited Bill 26-14
Parking Lot Districts
DESCRIPTION:
Transfer ofFunds
Would authorize the transfer of parking fee revenues from one
parking lot district to another, conditioned on a reasonable repayment
agreement. The Council would approve each transfer, including the
terms of repayment, in the annual operating budget resolution or a
separate resolution. Would not authorize the transfer of any parking
lot district tax revenues.
Fluctuations in revenue among parking lot districts from year to year.
To increase budgetary flexibility, with appropriate controls, among
parking lot districts.
Department of Transportation, Office of Management and Budget,
Finance Department
To be requested.
To be requested.
To be requested.
To be researched.
Michael Faden, Senior Legislative Attorney, 240-777-7905
Glenn Orlin, Deputy Council Administrator, 240-777-7936
Applies only to County parking lot districts.
PROBLEM:
GOALS AND
OBJECTIVES:
COORDINATION:
FISCAL IMPACT:
ECONOMIC
IMPACT:
EVALUATION:
EXPERIENCE
ELSEWHERE:
SOURCE OF
INFORMATION:
APPLICATION
WITIDN
MUNICIPALITIES:
PENALTIES:
Not applicable.
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Fiscal Impact Statement
Council Bill 26-14, Parking Lot
Districts -
Transfer of Funds
1. Legislative Summary
Authorizes the transfer ofparking fec revenues from one parking lot district to another,
conditioned on a reasonable repayment agreement. The Bill
is
intended to allow the one­
time transfer in
FY15
of parking fee revenues from the Silver Spring parking lot district
to the Bethesda parking lot
district
to cover a shortfall in operating funds.
2.
An
estimate of changes in County revenues and expenditures regardless of whether the
revenues or expenditures are assumed in the recommended or approved budget. Includes
source of information, assumptions, and methodologies used.
N/A
3. Revenue and expenditure estimates covering at least the next 6 fiscal years.
$1.5M
in parkiug fee revenue
will be
transferred from the Silver Spring Parking
Lot
District Fund to the Bethesda Parking Lot District Fund with a corresponding transfer
from Bethesda to Silver Spring in FY16.
4. An actuarial analysis through the entire amortization period for each bill that would affect
retiree pension or group insurance costs.
N!A
5. Later actions that may affect future revenue and expenditures
if
the bill authorizes future
spending.
N/A
6.
An
estimate of the staff time needed to implement the bilL
N/A
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7.
An
explanation of how the addition ofnew staff responsibilities would affect other duties.
N/A
8.
An
estimate of costs when
an
additional. appropriation
is
needed.
N/A
9. A
description
of
any variable
that
could affect revenue and cost estimates.
N/A
10. Ranges
of
revenue or expenditw"es that are uncertain or difficult to project.
N/A
11. If
a
bill
is
likely to
have
no
fiscal
impact, why that is
the
casco
The
$l.5M
transfer from Silver Spring
to
Bethesda
'Will
be
repaid
the following
fi.scal
year.
12.
Other fiscal impacts
or
comments.
r
13.
The following contributed to and concurred
with
this analysis:
Brady
Goldsmith,
Office
of
Management
and Budget
Rick
Siebert,
Department
of Transportation
nnife .
Hughes, D' ec·
(--Office
of
Management and Budget
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Economie Impact Statement
Bill
26-14E,
Parking Lot Districts -Transfer of Funds
Background:
This legislation would authorize the transfer of parking fee revenues from one parking lot
district (PLD) to another, conditioned on a reasonable repayment agreement. Bill 26-14E
allows the one-time trdllsfer in fiscal year
(FY)
2015 of$l.5 million
in
parking fee
revenues from the Silver Spring PLD Fund to the Bethesda PLD Fund. This
transfer is
intended to cover a short-tenn cash flow issue in the Bethesda PLD Fund in order to keep
a positive fund balance. In
FY2016,
the
$
1.5
million
will
be transferred from
the
Bethesda PLD Fund to the Silver Spring PLD Fund.
1.
The sources of infonnation, assumptions
t
and methodologies used.
Office of Management and Budget (OMB)
2. A description of any variable that could affect the economic impact estimates.
Not applicabJe
3. The
BUrs
positive or negative effect, if any on employment, spending, saving,
investment, ineomes, and property values in the County.
BiI124-14E
has
no economic effect on
employment~
spending, saving, investment,
incomes,
and
property
values
in the County.
4.
If
a BiD
is
likely to have no economic impact, wby is tbat the case?
Bill 24-14E ha<; no economic impact because
it
is a transfer of funds from the-Silver
Spring PLD
FWld
to the Bethesda PLD Fund.
5. Tbe following contributed to and concurred with this analysis:
David Platt and Rob Hagedoom. D"'Partmeni of Finance;
Brady Goldsmith, Office of Managetnent
and
Budget.
?;;pl:b
v---
oseIiSeach, Director
Department of Finance
Ilf
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Date
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