Montgomery County commissioners raise concerns over East Probate lease language and long-term space strategy

Montgomery County commissioners on Tuesday questioned a proposed letter of intent to lease space for an East Probate office, saying the county needs clearer terms, attorney review and broader commission and department involvement before advancing a lease.

The discussion focused on the lease language in a letter of intent and on who would pay for renovations and ongoing maintenance. "This does not lock us into anything. This just merely says we're gonna go forward to the next step, and this is what the shell looks like. But we still gotta we still gotta bake the cake, so to speak," Mr. Anderson, a county staff member, told commissioners about the letter of intent.

Commissioners said they were concerned the county had not been sufficiently represented in drafting the document and that the county could end up paying for significant renovations without concessions. One commissioner described renovation costs of "almost a million dollars" and raised concerns about responsibility for repairs to the parking lot and HVAC system. "We gotta be responsible for the parking lot and some other and the HVAC system and just some other details that, were not actually I was not comfortable with," the commissioner said (speaker not named in the record).

Why it matters: Commissioners said the lease decision could bind county operations and budgets and stressed the need for legal and departmental review. Several commissioners urged involving the elected commissioner for the district, department heads who would occupy the facility (probate, revenue, elections), and county attorneys before finalizing any lease.

County staff said the letter of intent is an offer to negotiate and would not create a binding lease until a formal lease agreement is executed. Mr. Anderson said the draft had been sent to outside counsel Ball and Ball and to former county attorney Michael Armstead for review.

Commissioners also debated whether to lease now or buy and build. Staff described estimates for a new county building of about 20,000 square feet at roughly $375 per square foot, producing a construction estimate in the $7.5 million range and a narrower planning figure closer to $6 million after discussions with the former finance director, Cheryl Thomas. "When we did that math ... we were really closer to the neighborhood of $6,000,000," a staff speaker said. That estimate assumed land purchase, geotechnical work, furniture and other costs had not yet been done.

Commissioners urged a coordinated approach so that the district commissioner, department heads and county attorneys are all involved before bringing a final lease or purchase recommendation back to the full commission. No binding lease was approved during the discussion; staff said the letter of intent was a step toward negotiating a formal lease that would be presented to the commission for approval.

The commission did not take a final vote on a lease at the meeting. Staff said the LOI would be refined with attorney input and concessions would be negotiated before the county would sign a formal lease.