ACTION 7.

14 Office of the Superintendent of Schools MONTGOMERY COUNTY PUBLIC SCHOOLS Rockville, Maryland March 24, 2014 MEMORANDUM To: From: Subject: Members of the Board of Education Joshua P. Starr, Superintendent of Schools Delegation of Authority to Execute Permanent Easements, Utility Easements, Rights-of-Way, Rights-of-Entry, Memoranda of Understanding for Land-related Issues, and Related Agreements of a Routine Nature

This is to request the Board of Education to delegate authority to the superintendent of schools to execute permanent easements, utility easements, rights-of-way, rights-of-entry, memoranda of understanding for land-related issues, and related agreements of a routine nature. Annually, the Department of Facilities Management (DFM) receives between 30 and 60 requests for easements, rights-of-way, rights-of-entry, memoranda of understanding for land-related issues, and similar agreements required for implementation of capital building and repair/maintenance projects. In conjunction with other government agencies; utility providers that include the Washington Suburban Sanitary Commission, Potomac Electric Power Company, and Washington Gas; and municipalities such as The City of Gaithersburg and The City of Rockville, these routine long-term property agreements are necessary for anticipated maintenance of public utilities, roads, stormwater management systems, parks, and other types of infrastructure. Generally, these agreements do not have financial impacts and payment usually is not involved. Additionally, these agreements do not convey fee simple interest of Board of Education property. Due to their noncontroversial nature, the agreements usually are presented to the Board of Education for approval on the consent agenda. Very few, if any, of these items have ever been denied by the Board of Education. Delegation of authority to execute routine agreements will provide greater administrative efficiency by facilitating capital improvement projects and reducing potential construction schedule impacts. It also will help facilitate cooperative arrangements for the maintenance of municipal, county, and utility infrastructure located on Board of Education property. If the Board agrees to this delegation of authority, the superintendent of schools will provide an annual report to the Board of Education concerning all administrative actions with regard to permanent easements, utility easements, rights-of-way, rights-of-entry, memoranda of understanding for land-related issues, and other related agreements of a routine nature. All proposed permanent easements, utility easements, rights-of-way, rights-of-entry, memoranda of understanding for land-related issues, and related agreements will be reviewed by the DFM director to ensure there are no fee simple conveyances or costs beyond incidental expenses, and

Members of the Board of Education

March 24, 2014

that controversial issues are identified. These issues may include impacts to the surrounding neighborhood and impacts on school operations and student activities. Should controversial issues be identified, the DFM director shall recommend to the superintendent of schools that the item be placed on the Board of Educations agenda for action. The proposed action is similar to the delegated authority already granted to the superintendent of schools in 2003 to assist in the management of Montgomery County Public Schools real property. The intended action will not require exercise of the Board of Educations discretion or commitment of budgetary resources beyond what already is authorized in the Board of Educations budget. The Board of Education Fiscal Management Committee discussed this matter at its meeting on March 13, 2014, and recommends that the Board of Education approves this resolution. The following resolution is presented for the Board of Educations review and approval of this recommendation: WHEREAS, The Board of Education holds all property in trust for the benefit of the county public schools, in accordance with Marylands Public School Law; and WHEREAS, The Board of Education has authority and control over the granting of permanent easements, utility easements, rights-of-way, rights-of-entry, memoranda of understanding for land-related issues, and other related agreements that encumber or impair Board of Educationowned property; and WHEREAS, The efficient management of school property can be improved by expanding the authority delegated to the superintendent of schools to execute permanent easements, utility easements, rights-of-way, rights-of-entry, and related agreements of a routine nature with governmental entities and adjoining land owners and enter memoranda of understanding for land-related issues with private and governmental entities involving incidental expenses only all of which serve a routine and necessary purpose for the functioning of the public school system; and WHEREAS, The Board of Education Fiscal Management Committee discussed this matter at its meeting on March 13, 2014, and recommends that the Board of Education approves this resolution; now therefore be it Resolved, That the Board of Education delegates authority to the superintendent of schools to approve and to execute documents for permanent easements, utility easements, rights-of-way, and rights-of-entry with governmental entities and adjacent landowners that are noncontroversial and of a routine nature; memoranda of understanding with private and governmental entities that do not convey fee simple interest of Board of Education property, and other related agreements of a routine nature as part of the administrative management of school facilities. JPS:LAB:JS:acs