County Executive John G. Gary wants to use impact fees collected from developers in one part of the county for school projects in other areas.
He told the Anne Arundel Trade Council yesterday that he will ask county attorneys to investigate whether he can legally make the shifts.
If the lawyers say he can do it, Mr. Gary would proceed immediately with the construction of a new high school in West County and an addition to Broadneck High School, he said in a speech at the BWI Marriott.
Developers pay impact fees to the county to help finance new schools and roads that must be built to accommodate the traffic and children their projects bring.
The county is divided into seven districts for impact fees collected for schools and five for roads. The fees collected in one district must be used for projects in the district.
"So if the fee was raised in Lothian, technically I'm not supposed to use it in Crofton," Mr. Gary said. "But I'm not certain the law says I can't borrow the money from [a district]."
Mr. Gary said he cannot begin work on both high schools at the same time unless he can shift the money.
The county has collected $41.7 million in impact fees since they were instituted in 1987. It has spent $11.9 million for schools and $8.4 million for roads. Nearly half the remaining $21.4 million is concentrated in a fund for West County schools. The rest is divided between road funds in North and West County.
Mr. Gary told the trade council that he doesn't like impact fees, but added that they are "a fact of life" and that he plans "to make the best use of them."
Mr. Gary promised "a sound, traditional government that will provide services to you at a price you can afford."
He said his economic policy will be based on a fair tax rate, effective and efficient public services, safe streets and "the best education in the state of Maryland."
"The thing that most all of you have said to me, and I hear you, is that you want to get government off your backs," he said. "And I'm going to try to do that, because I believe if we can unleash the entrepreneurship that's in this room today, I won't have to worry about an economic development program."
To that end, Mr. Gary said he will try to give preferential treatment to Anne Arundel businesses in the awarding of county procurement contracts.
"I would like to be able to loosen the way we do our procurement law, that allows us to award contracts on best and final proposals rather than on low bid all the time," he said.
He said he has hired Walter L. Sexton Jr., a retired executive with Commercial Credit Corp. and former liquor board member, to look into whether it is legal to favor local firms in awarding contracts.
"I really hope if I'm not hampered by some federal law I'm not
aware of or by some state law I'm not aware of, that I'll be able to take a bill to our council that changes the language in the manner in which we do business," Mr. Gary said. "And knowing the council that we have, I think they're going to be open-minded. "