BALTIMORE COUNTY COUNCIL
NOTES TO THE AGENDA
LEGISLATIVE SESSION 2016
Issued: January 21, 2016
Work Session: January 26 2016
Legislative Day No. 3 : February 1, 2016
The accompanying notes are
compiled from unaudited
information provided by
the Administration and
other sources.
OFFICE OF THE COUNTY AUDITOR
BALTIMORE COUNTY COUNCIL
February 1, 2016
NOTES TO THE AGENDA
TABLE OF CONTENTS
PAGE
LEGISLATIVE SESSION
Witnesses…………………………………………………………………. ii
BILLS – FINAL READING
Bill 1-16………………………………………………………………………. 1
Bill 2-16………………………………………………………………………. 2
FISCAL MATTERS
FM-1……………………………………………………………………………. 3
FM-2……………………………………………………………………………. 5
FM-3……………………………………………………………………………. 8
MISCELLANEOUS BUSINESS
MB-1 (Res. 14-16)……………………………………………………. 12
MB-2 (Res. 15-16)……………………………………………………. 15
i
BALTIMORE COUNTY COUNCIL AGENDA
LEGISLATIVE SESSION 2016, LEGISLATIVE DAY NO. 3
FEBRUARY 1, 2016 6:00 P.M.
CEB = CURRENT EXPENSE BUDGET
BY REQ. = AT REQUEST OF COUNTY EXECUTIVE
Page
CALL OF BILLS FOR FINAL READING AND VOTE
COUNCIL
1 Bill 1-16 – All Councilmembers – Human Relations – Veterans
2 Bill 2-16 – Mr. Kach – R-O (Residential – Office) Zone – Use Regulations
APPROVAL OF FISCAL MATTERS/CONTRACTS
BARRY WILLIAMS, DIRECTOR, DEPARTMENT OF RECREATION AND PARKS
3 1. Amendment to Contract – Burns Septic Tank & Line Cleaning – septic system service – R&P
EDWARD ADAMS, DIRECTOR, DEPARTMENT OF PUBLIC WORKS
5 2. Contracts – (2) – On-call snow removal and deicing services – PW
8 3. Contracts – (4) – On-call engineering services – Pumping Stations – PW
MISCELLANEOUS BUSINESS
KEITH DORSEY, DIRECTOR, OFFICE OF BUDGET AND FINANCE
12 1. Res. 14-16 – Mrs. Almond(By Req.) – Accept monetary gift – MD Dept. of Public Safety and Correctional Services
EDWARD ADAMS, DIRECTOR, DEPARTMENT OF PUBLIC WORKS
15 2. Res. 15-16 – Mrs. Almond(By Req.) – Adoption of Special Events Recycling Amendment – Baltimore County Solid Waste Management Plan
COUNCIL
- Res. 16-16 – Mrs. Bevins – Property Tax Exemption – DAV – William A. Moore
- Res. 17-16 – Mr. Quirk – Property Tax Exemption – DAV – Edward Quarles, Jr.
- Res. 18-16 – Mr. Marks – Property Tax Exemption – DAV – Curtis L. Coy
ii
Council Fiscal Note February 1, 2016
Bill 1-16 Council District(s) __All__
All Councilmembers
Human Relations – Veterans
The Human Relations Article of the Baltimore County Code sets forth the County=s public policy that all citizens of the County and all persons transacting business in the County shall have an equal opportunity to pursue their lives and conduct their business free of discrimination. The purpose of the Human Relations Article is to eliminate discrimination within the County.
Current law prohibits discrimination on the basis of a person=s race, creed, religion, color, sex, age, national origin, marital status, sexual orientation, gender identity or expression, or physical or mental disability, in the areas of: (1) Housing, (2) Employment, (3) Education, (4) Public accommodation, or (5) Financing. Bill 1-16 adds the classification of Astatus as a veteran@ to the protected class of persons to which discrimination is prohibited on that basis.
The bill also allows for a Aveterans preference@ in the area of housing, stating that the subtitle does not prohibit a person from providing preferences in the sale, rental, or occupancy of dwellings or other facilities to a veteran and the household of which the veteran is a member, to the extent such preferences are authorized by state and federal law.
Bill 1-16 will take effect 45 days after its enactment.
Council Fiscal Note February 1, 2016
Bill 2-16 Council District(s) __All__
Mr. Kach
R-O (Residential – Office) Zone – Use Regulations
In an effort to update the Baltimore County Zoning Regulations and recognize the established method of purchasing goods through means other than at a brick-and-mortar retail store, such as via the mail, phone, or internet sales, Bill 2-16 adds certain definitions to the Zoning Regulations, including a new class and definition of Aoffice,@ and permits a new use in the R-O (Residential B Office) Zone by special exception.
Specifically, the bill introduces the term Anon-in-house retail@ and defines the term as the Aretail sale of goods or chattels purchased via mail, phone, or the internet and shipped to a customer, and not through retail sale by visitation of a customer to a building or other premises.@ In addition to the current AClass A@ and AClass B@ office building definitions contained in the Zoning Regulations, Bill 2-16 introduces a third office building known as the AClass IC@ office building. The bill defines a Class IC (Internet Commerce) office building as Aa principal building that was originally constructed as a one-family or two-family detached dwelling, or an accessory use thereto, and that is converted by proper permit to office or non-in-house retail use for the purpose of creating office or non-in-house retail use space for internet commerce (IC), or otherwise accommodating the office use; such use may also include the storage of merchandise to be sold via internet commerce.@
Finally, Bill 2-16 permits by special exception in the R-O Zone a Class IC office building containing non-in-house retail use, except that no more than 50% of the total gross floor area of the building may be used for the storage of merchandise.
Bill 2-16 will take effect 45 days after its enactment.
Barry Williams Fiscal Note February 1, 2016
FM-1 (Contract Amendment) Council District(s) All _
Department of Recreation and Parks
Septic System Service
The Administration is requesting an amendment to a contract with Burns Septic Tank & Line Cleaning, Inc. to provide on-call septic system services for County owned and/or operated properties with septic systems. The amendment increases the maximum compensation of the contract by $50,732, from $50,236 to $100,968, for the entire 5-year and 4-month term of the contract, including the renewal and extension periods. The contract commenced November 19, 2012.
Fiscal Summary
FundingSource |
Contract Amendment |
CurrentMaximum Compensation |
Amended Maximum Compensation |
||||
County (1) |
$ 50,732 | $ 50,236 | $ 100,968 | ||||
State |
— |
— |
— |
||||
Federal |
— | — | — | ||||
Other |
— | — | — | ||||
Total |
$ 50,732 | $ 50,236 | $ 100,968 | (2) | |||
(1) General Fund Operating Budget. (2) Maximum compensation for the entire 5-year and 4-month term, including the renewal and extension periods. |
Analysis
Under the proposed amendment, the contractor will continue to pump, clean out, and dispose of all sewage waste from any County-owned and/or operated property containing a septic tank, dry well, cesspool, or any septic containment system on an on-call, as-needed basis. Services will be provided at various County locations, with the most frequent servicings at the Loch Raven
FM-1 (Contract Amendment) (cont’d) February 1, 2016
Fishing Center, Oregon Ridge Park, and the Animal Services facility. Septic services are currently billed at a unit price of 9.7 cents per gallon of sewage removed. The Department advised that this amendment is necessary because of an additional septic system to be serviced at the County’s new Animal Services facility, and for additional services needed at Oregon Ridge Park and the Loch Raven Fishing Center.
On November 19, 2012, the Council approved the original 5-year and 4-month contract, with compensation not to exceed $50,236. The proposed amendment increases the maximum compensation of the contract by $50,732, to $100,968, for the entire 5-year and 4-month term of the contract, including the renewal and extension periods. All other terms and conditions remain the same. The Department advised that as of January 14, 2016, $26,774 has been expended under this contract. The County may terminate the agreement by providing 30 days prior written notice.
Prior to commencement of each renewal period, the County may entertain a request for an escalation in the unit price, in accordance with the Consumer Price Index – All Urban Consumers – United States Average – All Items (CPI-U), as published by the United States Department of Labor, Bureau of Labor Statistics at the time of the request, or up to a maximum 5% increase on the current pricing, whichever is lower.
The original contract was awarded through a competitive procurement process based on the lowest bid from four bids received.
County Charter, Section 715, requires that “any contract must be approved by the County Council before it is executed if the contract is…for services for a term in excess of two years or involving the expenditure of more than $25,000 per year….”
Ed Adams Fiscal Note February 1, 2016
FM-2 (2 Contracts) Council District(s) All_
Department of Public Works
On-Call Snow Removal and Deicing Services
The Administration is requesting approval of two contracts to provide on-call snow removal and salt application services. The two contractors are Terry Asphalt Hauling and Grading, Inc. and DKM Hauling & Towing, LLC. The contracts commenced November 19, 2015 and December 8, 2015, respectively, continue through April 30, 2016, and may not exceed $25,000 unless approved by the Council. If approved, the contracts may be renewed for 9 years (November 1 through April 30 constitutes a snow season). Compensation for the two contracts, together with all other contracts for these services, may not exceed the amount appropriated for snow removal and salt application services during the entire approximate 9-year and 5-month term of the agreements.
Fiscal Summary
Funding Source |
Initial Term |
Maximum Compensation |
||||
County |
* | * | ||||
State |
— | — | ||||
Federal |
— | — | ||||
Other |
— | — | ||||
Total |
* | (1) | * | (2) | ||
(1) The hourly rates are $155 for Terry Asphalt Hauling and Grading, Inc. and $160 for DKM Hauling and Towing, LLC, with no specified maximum compensation. The contracts, together with all other contracts for these services, are limited in the aggregate to the amount appropriated for snow removal and salt application services. The contract amounts are not reasonably estimable at this time. (2) Maximum compensation together with all other contracts for these services for the entire approximate 9-year and 5-month term, including renewals, may not exceed the amount appropriated for snow removal and salt application services each year. The amounts are not reasonably estimable at this time. |
FM-2 (2 Contracts) (cont’d) February 1, 2016
Analysis
In accordance with the Department’s snow removal plan, responsibility for most Priority 1 routes (i.e., roads with traffic volumes of at least 10,000 vehicles per day) will be assigned to contractors, allowing the County to focus its efforts on subdivision streets more quickly.
The contracts with Terry Asphalt Hauling and Grading, Inc. and DKM Hauling and Towing, LLC commenced November 19, 2015 and December 8, 2015, respectively, continue through April 30, 2016, and may not exceed $25,000 unless approved by the Council. If approved, the contracts may be renewed for 9 years on the same terms and conditions, unless the County provides notice of non-renewal. A snow season begins November 1st and ends April 30th. The contracts do not establish a fixed dollar amount; rather, the contracts state that the compensation paid to all contractors providing snow removal and salt application services may not exceed the amount appropriated during the entire term of the agreement. The Department advised that an estimated amount for each contract is undeterminable due to the unpredictable nature and timing of snow falls (i.e., density and depth of snow falls, number of snow falls occurring during the season). The County may terminate the agreements by providing 30 days prior written notice.
The FY 2016 budget for the Storm Emergencies Program totals $5,987,025, including $1,100,000 for contractual snow removal services. The Department advised that snow removal expenditures for FY 2015 totaled approximately $14.9 million, including approximately $4.3 million for contractual services.
Terry Asphalt Hauling and Grading, Inc. will provide a tandem axle dump truck with a plow and spreader at an hourly rate of $155. DKM Hauling and Towing, LLC will provide a tri-axle dump truck with a plow and spreader at an hourly rate of $160. Each contractor will be paid based on the actual hours the equipment is in service, including up to 2 hours for travel time (1 hour each to and from the County highway shop). Additionally, the minimum work shift for any dispatched truck is 4 hours. The County will provide all rock salt for spreading on road surfaces.
The Office of Budget and Finance, Purchasing Division advised that the pricing and contract terms are based on similar contracts established by the State of Maryland. However, hourly rates may be changed at the time of each annual renewal based on the State of Maryland rates in effect at that time. The State of Maryland contract includes an additional incentive payment to each contractor after the snow season ends in the amount of $500 per truck if the contractor was
FM-2 (2 Contracts) (cont’d) February 1, 2016
available and present for all snow events. The County’s contract also includes this incentive payment.
In procuring these services, the Department requested and received a waiver of a sealed bid process from the Administrative Officer due to the competition with surrounding jurisdictions. Accordingly, each contractor was selected on a non-competitive basis.
For the 2015/2016 snow season, the Department advised that a total of 411 pieces of snow removal equipment (e.g., trucks, loaders, backhoes, and graders) is available, including 173 pieces from its Bureau of Highways and Equipment Maintenance and Bureau of Utilities, the Department of Recreation and Parks, and the Department of Education, and 238 pieces from the County’s snow removal contractors. The County currently has contracts with 55 contractors, excluding these two contractors, which provide a total of 191 trucks and 47 loaders.
County Charter, Section 715, requires that “any contract must be approved by the County Council before it is executed if the contract is…for services for a term in excess of two years or involving the expenditure of more than $25,000 per year….”
Ed Adams Fiscal Note February 1, 2016
FM-3 (4 Contracts) Council District(s) All _
Department of Public Works
On-Call Engineering Services – Pumping Stations
The Administration is requesting approval of four contracts to provide on-call engineering services for pumping stations throughout the County primarily due to the volume of work required to ensure the County’s compliance with the 2005 consent decree. The four contractors are Hazen and Sawyer, P.C.; Johnson, Mirmiran & Thompson, Inc. (JMT); KCI Technologies, Inc.; and Rummel, Klepper & Kahl, LLP (RKK). The contracts commence upon Council approval, continue for 3 years, and will automatically renew for two additional 1-year periods. The contracts do not specify a maximum compensation for the initial 3-year term. Compensation for each contractor may not exceed $5.0 million ($20.0 million combined) for the entire 5-year term, including the renewal periods. See Exhibit A.
Fiscal Summary
Funding Source |
CombinedMaximum Compensation |
Notes |
|||
County (1) |
$ 20,000,000 | (1) Capital Projects Fund.
(2) Maximum compensation for all contractors combined ($5.0 million each) for the entire 5-year term, including the renewal periods. The contracts do not specify a maximum compensation for the initial 3-year term.
|
|||
State |
— | ||||
Federal |
— | ||||
Other |
— | ||||
Total |
$ 20,000,000 | (2) |
Analysis
The contractors will provide on-call civil, structural, mechanical, and electrical engineering services for sewer pumping stations, sewer force mains, and water pumping stations, including inspecting existing systems; testing services; preparing studies, estimates, and construction
FM-3 (4 Contracts) (cont’d) February 1, 2016
documents; and assisting during construction of facility improvements. The Department advised that these contracts will be used for projects primarily related to the County’s 2005 consent decree with the U.S. Department of Justice, U.S. Environmental Protection Agency (EPA), and the Maryland Department of the Environment (MDE) for the elimination of sanitary sewer overflows.
The contracts commence upon Council approval, continue for 3 years, and will automatically renew for two additional 1-year periods, unless the County provides notice of non-renewal. The contracts do not specify a maximum compensation for the initial 3-year term. Compensation for each contractor may not exceed $5.0 million ($20.0 million combined) for the entire 5-year term, including the renewal periods.
Services will be performed at the engineers’ cost plus profit. Profit is limited to 10% of the combined total of direct labor costs plus overhead and payroll burden. Hourly rates and percentages for overhead, payroll burden, and profit must be within established County limits. Funding for the four contracts will not be encumbered at this time. Rather, contract costs will be charged to specific projects as they are assigned. The County may terminate the agreements by providing 30 days prior written notice.
The contracts stipulate that the contractors are liable for damages in the event that a consent decree project is not completed within the required time period. The damages payable are dependent upon the type of project and the length of the delay in completing the project.
On October 26, 2015, the Professional Services Selection Committee (PSSC) selected the four contractors from 14 responsive submittals based on qualifications. The Department advised that the contractors currently provide various other types of engineering services for the County under separate contracts.
The Department further advised that there are currently five contracts for similar on-call pumping station engineering services, including two with JMT and one with RKK, as follows:
FM-3 (4 Contracts) (cont’d) February 1, 2016
Contractor | Council Approval Date | Contract Total | Expenditures/
Encumbrances as of January 12, 2016 |
Balance | Contract Expiration
Date |
|||||
JMT | 9/17/07 | $ 2,000,000 | $ 1,589,295 | $ 410,705 | Open Ended (A) | |||||
JMT | 9/8/09 | 3,000,000 | 1,741,249 | 1,258,751 | Open Ended (B) | |||||
RKK | 9/8/09
2/7/11 1/22/13 |
3,000,000
3,000,000 2,000,000 |
||||||||
8,000,000 | 7,413,515 | 586,485 | 09/07/17 | |||||||
Gannett Fleming, Inc. | 9/21/09 | 3,000,000 | 1,291,719 | 1,708,281 | Open Ended (B) | |||||
Whitman Requardt & Associates, LLP | 10/19/09
8/5/13 |
3,000,000
2,000,000 |
||||||||
5,000,000 | 4,288,689 | 711,311 | Open Ended (C) | |||||||
Total | $21,000,000 | $ 16,324,467 | $4,675,533 | |||||||
(A) The Department advised that the Administrative Officer approved a 1st addendum to the contract, effective September 9, 2011, to extend the term until all assigned projects are completed. (B) The Department advised that the Administrative Officer approved a 2nd addendum to the contract, effective September 25, 2015, to extend the term until all assigned projects are completed. (C) The Department advised that the Administrative Officer approved a 2nd addendum to the contract, effective October 20, 2015, to extend the term until all assigned projects are completed.
|
County Charter, Section 715, requires that “any contract must be approved by the County Council before it is executed if the contract is…for services for a term in excess of two years or involving the expenditure of more than $25,000 per year….”
Keith Dorsey Fiscal Note February 1, 2016
MB-1 (Res. 14-16) Donation Council District(s) __All__
Mrs. Almond (By Req.)
Office of Budget and Finance
Accept Monetary Gift –
Maryland Department of Public Safety and Correctional Services
Resolution 14-16 authorizes the County to accept a monetary donation of up to $12,863 from the Maryland Department of Public Safety and Correctional Services, Emergency Number Systems Board (ENSB) for the County’s primary Emergency Communications Center (9-1-1 Center) in Towson. The funds will be used for the installation of conduits related to the replacement of existing copper-wire telephone circuits with fiber optic circuits. The Office advised that the fiber optic circuits will allow the 9-1-1 Center to provide “Next Generation 9-1-1 Services” by enabling the Center to receive and process large bandwidth data transmissions associated with multi-media type text messaging and photographs in addition to emergency telephone calls. See Exhibit A.
On November 17, 2014, the Council approved Resolution 105-14, accepting a monetary donation of up to $112,103 from the ENSB for the replacement of existing copper-wire telephone circuits with fiber optic circuits by Verizon. During the construction design process, Verizon determined that necessary conduits were not in place. The Office advised that the proposed donation of up to $12,863 will fund the installation of the conduits by Unify, Inc. The Office further advised that the proposed donation of up to $12,863, together with the previously approved donation, is expected to cover the full cost of the conduit replacement and installation of fiber optic circuits. The Office further advised that there are no additional ongoing maintenance costs associated with the fiber optic circuits. The County’s back-up 9-1-1 Center in Hunt Valley currently utilizes fiber optic circuits.
This donation is contingent upon the availability of funds in the State’s 9-1-1 Trust Fund, which is financed by a state fee assessed on individual telephone bills, currently 25 cents per subscriber per month. The Office advised that it expects that the installation of the fiber optic circuits will be
MB-1 (Res. 14-16) Donation (cont’d) February 1, 2016
complete by the end of April 2016. The Office further advised that the ENSB will pay Unify and Verizon directly.
Resolution 14-16 will take effect from the date of its passage by the County Council.
Ed Adams Fiscal Note February 1, 2016
MB-2 (Res. 15-16) Council District(s) _All_
Mrs. Almond (By Req.)
Department of Public Works
Adoption of Special Events Recycling Amendment –
Baltimore County Solid Waste Management Plan
State law requires the County to adopt and periodically amend a solid waste management plan. The plan must include language addressing the collection and recycling of recyclable materials from a special event that (1) includes a temporary use of a public street, publicly owned site or facility, or public park; (2) serves food or drink; and (3) is expected to have 200 or more persons in attendance.
A public hearing was held on October 13, 2015 on the proposed language to amend the County’s Solid Waste Management Plan to comply with the new requirement.
Generally, State law requires the organizer of a special event to:
- Provide a recycling receptacle immediately adjacent to each trash receptacle at the special event;
- Ensure that all recycling receptacles are clearly distinguished from trash receptacles by color or signage; and
- Ensure that all recyclable materials deposited into recycling receptacles at the special event are collected for recycling.
Resolution 15-16 adopts the proposed amendment to the Plan. Upon approval by the County Council and the County Executive, the Plan amendment will be sent to the Maryland Department of the Environment. Attached is a copy of the proposed amendment (Exhibit A).