Politics & Government

Council Land Deal Legislation Passes Too Late For Brickyard

The Montgomery County Council approved a bill that harnesses some of the county executive's power to make land deals. County Executive Ike Leggett has ten days to approve or veto the bill.

 

The Montgomery County Council has scaled back its efforts to , giving up a proposal that would give the council veto power over terms of a land deal.

Instead, the new measure requires the county executive to receive council approval before selling county property at less than full market value. It also grants the council a 30-day comment period to set parameters for a deal negotiation. If the executive deems land to be of no further use to the county, the council has the authority to approve the deal.

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The new bill was approved, 6-3. County Executive Ike Leggett has 10 days to sign or veto the legislation. Spokesman Patrick Lacefield said Leggett has not yet decided whether he will sign it.

"It has been scaled back, but the core of the bill is still the same," said Mike Faden, council senior legislative attorney. "Before the county executive can transfer any property the council has to approve it.

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Councilmembers Valerie Ervin, Nancy Floreen and Craig Rice opposed the proposal.

"This bill insults the integrity of executive branch staff by suggesting that the executive branch's work is not intended to serve the best interests of the county," they said in a joint statement.

"This is not about anyone's integrity. This is about checks and balances, and it will make the disposal of county assets a more collective, collaborative process," said council president Roger Berliner (D-Dist. 1) of Potomac, a supporter of the legislation. "This is about how the County Executive treats the council as partners in the process, and if the County Executive does that, this will be a painless process."

The opponents also said the bill also creates an unnecessary layer of council oversight.

"We sometimes have legitimate differences in policy perspectives on how and when to dispose of public property, but there are existing opportunities for resolving those issues. Some members of the council may not have taken full advantage of them when necessary; we encourage them to do so," the statement said.

According to the bill's co-sponsors, the legislation is a response to land deals that Leggett made without notice or input. These include the recent Brickyard Road controversy in Potomac, in which an organic farm will be turned into soccer fields.

The bill also exempts:

  • Leases or licenses of county property managed by the Parks Department
  • Licenses to use county property for day care services
  • Property managed by the Housing Opportunities Commission for housing development
  • Land transfers to comply with county right-of-way needed for road and transit projects

"I think it's an important check and balance," Faden said. "Without it the executive would have essentially unlimited authority to transfer or sell off county property."

The legislation will not affect the Brickyard Road land deal. The county on April 16, while land disposition bill was just approved May 1.


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