Baltimore County Council Agenda – WS August 28, 2018 | LS September 4, 2018

BALTIMORE COUNTY COUNCIL

NOTES TO THE AGENDA

LEGISLATIVE SESSION 2018

 

Issued:        August 23, 2018

Work Session:       August 28, 2018

Legislative Day No.   14  :     September 4, 2018

 

The accompanying notes are

compiled from unaudited

information provided by

the Administration and

other sources.

 

                                                                                                                                                               OFFICE OF THE COUNTY AUDITOR

 

BALTIMORE COUNTY COUNCIL

September 4, 2018

NOTES TO THE AGENDA

 

TABLE OF CONTENTS

 

PAGE

LEGISLATIVE SESSION

 

Witnesses………………………………………………………………… ii

 

BILLS – FINAL READING

 

Bill 58-18…………………………………………………………………… 1

Bill 59-18…………………………………………………………………… 4

Bill 62-18…………………………………………………………………… 6

Bill 63-18…………………………………………………………………… 7

Bill 64-18…………………………………………………………………… 8

 

FISCAL MATTERS

 

FM-1…………………………………………………………………………. 9

FM-2……………………………………………………………………….. 12

FM-3……………………………………………………………………….. 15

FM-4……………………………………………………………………….. 19

FM-5……………………………………………………………………….. 23

 

MISCELLANEOUS BUSINESS

 

MB-2 (Res. 72-18)……………………………………………………… *

MB-3 (Res. 73-18)…………………………………………………… 26

MB-4 (Res. 74-18)…………………………………………………… 28

 

 

APPENDIX

 

Correspondence (1) (a)……………………………………………. 31

 

 

* Addendum

 

i

BALTIMORE COUNTY COUNCIL AGENDA

LEGISLATIVE SESSION 2018,  LEGISLATIVE DAY NO.  14

SEPTEMBER 4, 2018     6:00 P.M.

 

CEB = CURRENT EXPENSE BUDGET

BY REQ. = AT REQUEST OF COUNTY EXECUTIVE

 

Page

 

CALL OF BILLS FOR FINAL READING AND VOTE

 

 

KYRLE PREIS, CHIEF, FIRE DEPARTMENT

1             Bill 58-18 – Mr. Jones(By Req.) – CEB – MIEMSS Active Threat and Assailant Program

 

                 FRONDA COHEN, OFFICE OF COMMUNICATIONS

4             Bill 59-18 – Mr. Jones(By Req.) – CEB – Summer Program & Community Arts Development

 

WILL ANDERSON, DIRECTOR, DEPARTMENT OF ECONOMIC AND WORKFORCE DEVELOPMENT

WITHDRAWN  Bill 60-18 – Mr. Jones(By Req.) – CEB – TIGER Program

WITHDRAWN  Bill 61-18 – Mr. Jones(By Req.) – CEB – Tradepoint Atlantic Grant

 

                 COUNCIL

6             Bill 62-18 – Mr. Marks – Parking

7             Bill 63-18 – Mr. Marks – Zoning Regulations – Storage Yard

8             Bill 64-18 – Mr. Marks – Zoning Regulations – Honeygo Subarea Limits

 

APPROVAL OF FISCAL MATTERS/CONTRACTS

 

DAVID V. LYKENS, DEPARTMENT OF ENVIRONMENTAL PROTECTION & SUSTAINABILITY

9             1.  Addendum to Contract – Bayland Consultants & Designers, Inc. – Monitoring of SAV/engineering svcs.-DEPS

 

STEVE WALSH, DIRECTOR, DEPARTMENT OF PUBLIC WORKS

12             2.  Contract – Blackjack Trucking, LLC – Snow removal and salt application services – DPW

 

JOANNE WILLIAMS, DIRECTOR, DEPARTMENT OF AGING

15             3.  Contracts – (2) – In-home respite care/chore services – Homebound seniors – AGING

19             4.  Contract – All the Best Care Assisting Living, Inc. – Assisted living services – AGING

 

AMY GROSSI, REAL ESTATE COMPLIANCE

23             5.  Contract of Sale – John and Marlene Cumor – Drainage/utility easement – 1833 Clearwood Ave., 21234-REC

 

MISCELLANEOUS BUSINESS

 

COUNCIL

31             1.  Correspondence –  (a)(7) – Non-Competitive Awards (July 9, 2018)

 

WILL ANDERSON, DIRECTOR, DEPARTMENT OF ECONOMIC AND WORKFORCE DEVELOPMENT

*              2.  Res. 72-18 – Mr. Jones(By Req.) – Support of Application – Designation -Regional Institution Strategic

Enterprise Zone (RISE)-Towson

ii

BALTIMORE COUNTY COUNCIL AGENDA (cont’d)

LEGISLATIVE SESSION 2018, LEGISLATIVE DAY NO. 14

September 4, 2018     6:00 P.M.

 

 

MISCELLANEOUS BUSINESS (cont’d)

 

COUNCIL

26             3.  Res. 73-18 – Mrs. Almond – Planned Unit Development – Keller Road, LLC –

Woodholme Center II

28             4.  Res. 74-18 – Mr. Crandell – Planned Unit Development – Herman & Kittle Properties, Inc.-

Sycamore Springs Senior Apartments

 

  1. Res. 75-18 – Mr. Crandell – Property Tax Exemption – DAV – David May
  2. Res. 76-18 – Mr. Kach – Property Tax Exemption – DAV – Leslie P. Dowling
  3. Res. 77-18 – Mr. Crandell – Property Tax Exemption – DAV – Raymond F. Munk, Jr.
  4. Res. 78-18 – Mr. Jones – Property Tax Exemption – DAV – Robert J. Green
  5. Res. 79-18 – Mr. Kach – Property Tax Exemption – DAV – David R. Smith
  6. Res. 80-18 – Mr. Jones – Property Tax Exemption – DAV – Anthony E. Miller
  7. Res. 81-18 – Mrs. Bevins – Property Tax Exemption – BLIND – Sylvia B Eyster
  8. Res. 82-18 – Mr. Jones – Property Tax Exemption – DAV – Michael A. Matthews
  9. Res. 83-18 – Mr. Crandell – Property Tax Exemption – DAV – Alvin Stone
  10. Res. 84-18 – Mr. Jones – Property Tax Exemption – DAV – Wayne S. Hebron
  11. Res. 85-18 – Mrs. Almond – Property Tax Exemption – DAV – O’Neal Johnson
  12. Res. 86-18 – Mrs. Almond – Property Tax Exemption – DAV – Henry McCoy
  13. Res. 87-18 – Mr. Quirk – Property Tax Exemption – DAV – Jonathan Chung
  14. Res. 88-18 – Mr. Quirk – Property Tax Exemption – DAV – James Kailie
  15. Res. 89-18 – Mr. Jones – Property Tax Exemption – DAV – Thomas R. Rainier
  16. Res. 90-18 – Mr. Marks – Property Tax Exemption – BLIND – Richard M. Graves
  17. Res. 91-18 – Mrs. Almond – Property Tax Exemption – DAV – John Jackson

 

* Addendum

 

iii

 

Chief Kyrle Preis                                        Fiscal Note                                       September 4, 2018

 

Bill 58-18 (Supplemental Appropriation)                                                Council District(s) _All_

 

Mr. Jones (By Req.)

Fire Department

MIEMSS Active Threat and Assailant Program

The Administration is requesting a supplemental appropriation of federal funds totaling $48,399 to the MIEMSS Active Threat/Active Assailant Grant Award Gifts and Grants Fund program. The funds will be used to purchase safety equipment (ballistic and medical gear) and to train County first responders in order to prepare, respond, and mitigate active threat incidents. See Exhibit A.

                                                                      Fiscal Summary

 

Funding

Source

  Supplemental Appropriation   Current

Appropriation

  Total

Appropriation

 

County

                         —                             —

State

                         —                             —

Federal (1)

$              48,399     $                  48,399

Other

                         —                                 —

Total

$              48,399 $                  48,399
 

(1)  U.S. Department of Homeland Security – Federal Emergency Management Agency (FEMA) funds passed through the Maryland Emergency Management Agency (MEMA). No County matching funds are required.

Analysis

 

The Department advised that it is implementing an Active Threat/Active Assailant program in order to better prepare for a response to an emergency active threat situation at numerous potential locations throughout the County. The program will include development of Standard Operating Procedures (SOP), active threat response training, and ballistic and medical equipment purchases. The goal of the program is to provide a community-based approach for assessing the need for,  planning,  and executing  training  exercises  to include all aspects of public safety, the

Bill 58-18 (Supplemental Appropriation)                                                          September 4, 2018

educational system, and critical infrastructures in order to help prepare for, respond to, mitigate, and recover from an active threat situation.

 

Specifically, the proposed $48,399 supplemental appropriation will be used to purchase 16 sets of ballistic gear ($31,303), medical supplies ($14,208), and training materials ($1,498).  The Department advised that the supplies will be placed in certain Emergency Medical Services (EMS) vehicles throughout the County. The Department also advised that ongoing costs will be minimal.

 

The grant requires that all projects be completed and reimbursed by April 1, 2019. No County matching funds are required.

 

With the affirmative vote of five members of the County Council, Bill 58-18 will take effect September 17, 2018.

 

Fronda Cohen                                            Fiscal Note                                      September 4, 2018

 

 

Bill 59-18 (Supplemental Appropriation)                                                Council District(s) _All_

 

Mr. Jones (By Req.)

Office of Communications

Summer Program & Community Arts Development

The Administration is requesting a supplemental appropriation of State funds totaling $4,585 to the Summer Program and Community Arts Development Gifts and Grants Fund program to increase the amount appropriated to the actual amount of the grant award.  Of the total funding, $2,500 will be used to provide Baltimore County Commission on Arts and Sciences staff with professional development opportunities, and $2,085 will be used to support local arts activities (e.g., performances, exhibits, workshops) through project grants to community-based nonprofit arts organizations.

 

 

                                                                      Fiscal Summary

 

Funding Source

Supplemental Appropriation
 

Current Appropriation

Total Appropriation

County

State (1)

$            4,585 $         165,000 $            169,585

Federal

Other

Total

$            4,585   $         165,000   $            169,585

(1) Maryland Department of Commerce – Maryland State Arts Council funds.  No County matching funds are required.

 

 

Analysis

The Summer Program and Community Arts Development Program is funded by an annual grant from the Maryland State Arts Council to support local arts activities through grants to community-based nonprofit arts organizations for performing and visual arts programming in the County (e.g.,

Bill 59-18 (Supplemental Appropriation)                                                          September 4, 2018

 

performances, exhibits, workshops).  The Baltimore County Commission on Arts and Sciences recommends using Maryland State Arts Council funds to provide grants of up to $7,500 to organizations for specific projects.  The Office advised that applications for FY 2019 project grants have been submitted to the Commission and are under review; after evaluation by the Commission and the Administration, the project grants will be submitted for Council approval through the 14-day grant notification process.

 

The FY 2019 Adopted Operating Budget included a $165,000 appropriation to the Summer Program and Community Arts Development Program based on the estimated amount of the grant award at the time the Office submitted its budget request to the Office of Budget and Finance.  Accordingly, this bill appropriates an additional $4,585 to the program, increasing the total appropriation to the actual $169,585 grant award.  Of the additional funding, $2,500 will be used to provide Commission staff with professional development opportunities, and $2,085 will be used for project grants.

 

The grant period is FY 2019.  No County matching funds are required; however, at least $2,000 of the total grant award ($169,585) must be used for the Arts in Education program.

 

With the affirmative vote of five members of the County Council, Bill 59-18 will take effect September 17, 2018.

 

Council                                                           Fiscal Note                                         September 4, 2018

 

 

Bill 62-18                                                                                                        Council District(s) __5__

 

Mr. Marks

Parking

Bill 62-18 amends Section 409.8 of the Baltimore County Zoning Regulations dealing with off-street parking requirements. This section currently provides that a parking space in a surface parking facility for a nonresidential use may not be closer than 10 feet to the right-of-way line of a public street, excluding vehicle overhang.

 

Bill 62-18 proposes to apply this requirement to residential parking in any area located in the Towson Community Plan area west of Bosley Avenue.

 

Bill 62-18 will take effect 45 days after its enactment.

 

 

Council                                                           Fiscal Note                                         September 4, 2018

 

 

Bill 63-18                                                                                                     Council District(s) __All__

 

 

Mr. Marks

 

 

Zoning Regulations – Storage Yard

 

 

Bill 63-18 amends the Baltimore County Zoning Regulations to permit a construction or contractor’s equipment storage yard as a matter of right in D.R. (Density Residential) Zones under certain conditions.

 

The bill provides that a construction or contractor’s equipment storage yard is permitted in a D.R. Zone if it is less than 4 acres in net area, in continuous operation as a construction or contractor’s equipment storage yard for more than four years, and existing prior to 2016. The area within 75 feet of an adjoining residential property line is limited to access, passenger vehicle parking, and screening and landscaping. The loading, unloading, sorting, and temporary storage of dismantled building materials from the construction or contractor’s operation, whether inside or outside of an enclosed building, is permitted and may not be considered a recycling operation. Section 1B01.1.B.1 (residential transition area) requirements do not apply.

 

Bill 63-18 will take effect 45 days after its enactment.

 

Council                                                           Fiscal Note                                         September 4, 2018

 

 

Bill 64-18                                                                                                        Council District(s) __5__

Mr. Marks

Zoning Regulations – Honeygo Subarea Limits

 

Bill 64‑18 amends the conditions under which new authorizations are issued in the Eastern Subarea of the Honeygo Area.

The County Council previously approved Resolution 55-94, which adopted and incorporated the Honeygo Plan into the Baltimore County Master Plan 1989-2000 to be a guide for development in the Honeygo area of the County.  Thereafter, the Council approved Bill 176-94, which adopted the Official Comprehensive Zoning Map for the Honeygo Area and established the Honeygo Area Overlay District and related provisions for the Area in the Baltimore County Zoning Regulations.  More recently, the Council approved Bill 46-15, which revised and simplified the Honeygo Area Regulations by eliminating certain subareas and creating new subareas, including the Eastern Subarea, and imposing subarea limits.

 

Bill 64-18 removes from the Eastern Subarea limits the requirement that, prior to the issuance of new authorizations in this subarea, sidewalks are to be extended along the south side of Joppa Road from Ryan’s Way to Honeygo Boulevard.

 

With the affirmative vote of five members of the County Council and signature by the County Executive, Bill 64-18 will take effect on September 17, 2018.

 

David Lykens                                              Fiscal Note                                       September 4, 2018

 

FM-1 (Contract Amendment)                                                                    Council District(s) _All_

 

Department of Environmental Protection and Sustainability

 

Monitoring of SAV/Engineering Services

The Administration is requesting an amendment to a contract with BayLand Consultants & Designers, Inc. to provide continued on-call consulting services for the design of waterway dredging projects and submerged aquatic vegetation (SAV) monitoring throughout the County.  The proposed amendment increases the maximum compensation of the contract by $480,000, from $700,000 to $1,180,000, for the entire 7-year term, including the renewal periods.  The contract commenced May 1, 2014.  See Exhibit A.

Fiscal Summary

 

Funding

Source

Contract

Amendment

 

Current

Maximum Compensation

Amended

Maximum Compensation

County (1)

$         480,000 $            700,000

$          1,180,000

State

                     —                         —

Federal

                     —                         —

Other

                     —                         —

Total

$         480,000 (2) $            700,000 $          1,180,000 (3)
 

(1) Capital Projects Fund.

(2) Additional compensation for the entire 7-year term, including the renewal periods.

(3) Maximum compensation for the entire 7-year term, including the renewal periods.

 

 

Analysis

The contractor provides on-call consulting services for the design of waterway dredging projects and submerged aquatic vegetation (SAV) monitoring throughout the County.  The Department advised that the proposed amendment is necessary due to the acceleration of the Bird River Maintenance Dredging project and due to increased amounts of SAV, which have led to increased data collection reporting costs.   The  Department  noted  that  the  SAV  reports  provide critical

FM-1 (Contract Amendment)                                                                               September 4, 2018

 

information regarding the condition of the County’s waterways, as well as information for permit applications and compliance.

 

On July 7, 2014, the Council approved the original 7-year agreement (which commenced May 1, 2014) not to exceed $700,000.  The proposed amendment increases the maximum compensation of the contract by $480,000, from $700,000 to $1,180,000, for the entire 7-year term, including the renewal periods.  All other terms and conditions remain the same.  The County may terminate the agreement by providing 30 days prior written notice.  The Department advised that as of August 8, 2018, expenditures/encumbrances under the contract totaled $691,480 combined for dredging related services ($263,558) and SAV monitoring costs ($427,922).

 

Services will be performed at the engineer’s 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 are within established County limits.  The additional funding for this contract will not be encumbered at this time.  Rather, contract costs will be charged to specific project tasks as they are assigned.

 

On March 10, 2014, the Professional Services Selection Committee (PSSC) selected the contractor from five submittals received based on experience and qualifications.

 

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….”

 

 

Steve Walsh                                                Fiscal Note                                       September 4, 2018

 

 

FM-2 (Contract)                                                                                              Council District(s)   All_

 

 

Department of Public Works

Snow Removal and Salt Application Services

The Administration is requesting approval of a contract with Blackjack Trucking LLC to provide on-call snow removal and salt application services.  The contract commences November 1, 2018, continues through April 30, 2019, and will automatically renew for nine additional 1-year periods. (November 1 through April 30 constitutes a snow season.)  Compensation for this contract, together with all other contracts for these services, may not exceed the amount appropriated for snow removal and salt application services during the entire 9-year and 6-month term, including the renewals.  The contract amount is not reasonably estimable at this time.

 

Fiscal Summary

 

Funding Source

Initial Term
 

Maximum Compensation

County (1)

*   *  

State

Federal

Other

Total

* (2) * (3)
 

(1)  General Fund Operating Budget.

(2)  The hourly rates for the contractor are $145 and $160 with no specified maximum compensation.  The contract, together with all other contracts for these services, is limited in the aggregate to the amount appropriated for snow removal and salt application services.  The contract amount is not reasonably estimable at this time.

(3)  Maximum compensation, together with all other contracts for these services for the entire 9-year and 6-month term, including renewals, may not exceed the amount appropriated for snow removal and salt application services each year.  The amount is not reasonably estimable at this time.

 

 

 

 

FM-2 (Contract)                                                                                                       September 4, 2018

 

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 contract commences November 1, 2018, continues through April 30, 2019, and will automatically renew for nine additional 1-year periods on the same terms and conditions, unless the County provides notice of non-renewal.  A snow season begins November 1 and ends April 30.  The contract does not establish a fixed dollar amount.  Compensation paid to all contractors providing snow removal and salt application services may not exceed the amount appropriated during the entire 9-year and 6-month term, including the renewals.  The Department advised that an estimated amount for the contract is undeterminable due to the unpredictable nature and timing of snowfalls (i.e., density and depth of snowfalls, number of snowfalls occurring during the season).  The County may terminate the agreement by providing 30 days prior written notice.

 

The FY 2019 budget for the Storm Emergencies Program totals approximately $9.0 million, including $1.1 million for contractual snow removal services.  The County’s financial system indicated that FY 2018 snow removal expenditures totaled approximately $10.6 million, including approximately $4.5 million for contractual services.

 

The contractor will provide four single-axle and three tri-axle dump trucks, each with plows and spreaders, at hourly rates per vehicle of $145 and $160, respectively.  The 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 rates in effect at that time.  The State contract includes an additional incentive payment to the contractor after the snow season ends in the amount of $500 per truck if the contractor was available and present for all snow events.  The County’s contracts also include this incentive payment.

 

 

 

FM-2 (Contract)                                                                                                       September 4, 2018

 

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, the contractor was selected on a non-competitive basis.

 

For the 2018/2019 snow season, the Department advised that approximately 423 pieces of snow removal equipment (e.g., trucks, loaders, backhoes, and graders) are available from its Bureau of Highways and Equipment Maintenance and Bureau of Utilities, the Department of Recreation and Parks, the Department of Education, and the Office of Budget and Finance – Property Management Division.  The Purchasing Division advised that as of August 17, 2018, the County has contracts with 43 contractors, excluding this contractor, which provide approximately 252 trucks and pieces of equipment.

 

The Department advised that several existing contracts are expiring, and it will be presenting several new contracts for Council approval in the near future.

 

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….”

 

 

Joanne Williams                                         Fiscal Note                                       September 4, 2018

 

 

FM-3 (2 Contracts)                                                                                   Council District(s)    All   _

Department of Aging

In-home Respite Care/Chore Services – Homebound Seniors

The Administration is requesting approval of 2 contracts to provide personal care, in-home respite care, and chore services (e.g., cleaning, meal preparation) to low and moderate income, homebound County seniors (65 years or older) to avoid nursing home placement. The two contractors are AME Home Care, LLC and Maric Care Services, Inc. The contracts commence upon Council approval, continue through June 30, 2019, and may be renewed for four additional 1-year periods.  Compensation for all contractors providing these services is limited to the amount appropriated in each fiscal year.  Estimated compensation for all contractors providing these services totals $500,000 for FY 2019 and $2.5 million for the entire approximate 4-year and 10-month term, including the renewal periods.  See Exhibit A.

 

                                                                      Fiscal Summary

 

Funding Source

FY 2019

 

Combined

Total

Compensation

County

   

State (1)

$      500,000 $         2,500,000

Federal

Other

Total

$      500,000 (2) $         2,500,000 (3)
 

(1) Maryland Department of Aging funds.

(2) Estimated compensation for all contractors providing these services for FY 2019. Compensation for all contracts combined is limited to the amount appropriated each fiscal year.

(3) Estimated compensation for all contractors providing these services for the entire approximate 4-year and 10-month term, including the renewal periods, assuming the FY 2019 estimated cost for each renewal period. Compensation is limited to the amount appropriated.

 

FM-3 (2 Contracts)                                                                                                  September 4, 2018

Analysis

 

The contractors will provide personal care, in-home respite care, and chore services to low and moderate income, homebound County seniors (age 65+) to avoid nursing home placement.  The Department advised that these seniors lack sufficient resources to acquire these services and are not eligible for Medical Assistance or other assistance programs.  Case managers from the Departments of Aging and Health and Human Services will assess the clients’ needs, prepare care plans, provide a list of approved vendors so that clients may select vendors to provide services, and monitor the care received.  Hourly rates for services are $18.00 or $19.00 for AME Home Care, LLC and $17.50 or $18.50 for Maric Care Services, Inc., depending on the type of service provided. The Department expects to serve 175 clients in both FY 2018 and FY 2019.

 

The contracts commence upon Council approval, continue through June 30, 2019, and may be renewed for four additional 1-year periods on the same terms and conditions.  Compensation for all contractors providing these services is limited to the amount appropriated in each fiscal year.  Estimated compensation for all contractors providing these services totals $500,000 for FY 2019 and $2.5 million for the entire approximate 4-year and 10-month term, including the renewal periods, assuming the FY 2019 estimated cost for each renewal period.  Either party may terminate the agreement by providing 30 days prior written notice.  The contracts are subject to the availability of State funds and to termination by the County in the event of a reduction and/or termination in funding.

 

The contracts were awarded on a non-competitive basis to all qualified contractors who responded to the Department’s request for proposal; the contractors are home care providers licensed by the Maryland Department of Health. The Department advised that due to the inability to predetermine which contracts will exceed $25,000, it is submitting both contracts for Council approval.

 

On July 2, 2018, the Council approved 19 similar 5-year contracts. The Department advised that as of July 31, 2018, it has incurred estimated costs totaling $34,971 under these contracts.

 

In June 2013 and July 2013, the Council approved 37 and 1 similar 5-year contracts, respectively. The Department advised that expenditures under these contracts totaled $2,479,390.

 

 

FM-3 (2 Contracts)                                                                                                  September 4, 2018

 

 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….”

Joanne Williams                                         Fiscal Note                                      September 4, 2018

 

 

FM-4 (Contract)                                                                                          Council District(s)    All  _

 

 

Department of Aging

 

 Assisted Living Services

The Administration is requesting approval of a contract with All the Best Care Assisted Living, Inc. to provide assisted living care for eligible County seniors age 62 and older.  The contract commences upon Council approval, continues through June 30, 2019, and may be renewed for two additional 1-year periods. Compensation for all contractors providing these services is limited to the amount appropriated each fiscal year.  Estimated compensation for all contractors providing these services totals $447,453 for FY 2019 and $1,342,359 for the entire approximate 2-year and 10-month term, including the renewal periods.  See Exhibit A.

                                                                      Fiscal Summary

 

Funding

Source

FY 2019  

Combined

Total

Compensation

County

     

State (1)

  $           447,453 $       1,342,359

Federal

 

Other

 

Total

  $           447,453 (2) $       1,342,359 (3)
 

(1)  Maryland Department of Aging funds.

(2)  Estimated compensation for all contractors providing these services for FY 2019.  Compensation for all contractors combined is limited to the amount appropriated each fiscal year.

(3) Estimated compensation for all contractors providing these services for the entire approximate 2-year and

10-month term, including the renewal periods, assuming the FY 2019 estimated cost for each renewal

period. Compensation is limited to the amount appropriated.

 

FM-4 (Contract)                                                                                                       September 4, 2018

 

Analysis

The Department operates the Senior Assisted Group Home Subsidy Program, which provides low and moderate income seniors access to State-licensed small assisted living sites (4 to 16 beds). Specifically, the program subsidizes assisted living expenses of County seniors, 62 years of age and older (or under 62 as approved by the Maryland Department of Aging), who meet income and eligibility requirements.  To be eligible, a client’s gross monthly income may not exceed $2,861 for a single household and $3,741 for a two-person household; assets may not exceed $11,000 for an individual or $14,000 for a couple; and the client must not be enrolled in Medicaid.

 

The contractor will provide the following assisted living services to eligible County seniors:  onsite supervision 24 hours-per-day, 7 days-per-week; three meals-per-day; an evening snack; personal services (e.g., grooming, bathing, dressing); and housekeeping and laundry services.

 

The client is responsible for entering into a service agreement for the services needed directly with the contractor of his or her choice from the County’s list of contractors.  The County will pay the contractor up to $650 per month per client (the subsidy amount), based on the client’s contribution of income, at a rate to be determined by the State of Maryland.  The client is responsible for paying any contractor fees in excess of the County’s subsidy amount.  Contractor fees charged to clients vary depending on the level of services provided and may not exceed the fees charged to non-subsidized clients for the same level of service.

 

The County currently contracts with 21 other contractors to provide assisted living services to eligible seniors as follows:

 

  • 2 Hearts Assisted Living, LLC T/A 2 Hearts ALF, LLC
  • A Caring Place, Inc. d/b/a Oakleigh House
  • Angels Among Us ALF, Inc.
  • Beechwood Assisted Living, LLC
  • Best Care Assisted Living, LLC
  • Dulaney Valley Assisted Living and Dulaney Valley Assisted Living at Hunt Valley
  • Gloria Friends Home, Inc.
  • Hampton Meadows, LLC
  • Homestyle Assisted Living, LLC
  • Homestyle, LLC

FM-4 (Contract)                                                                                                       September 4, 2018

 

 

  • House of Victory Home Care Inc. t/a The House of Victory Apostolic
  • L. Care Enterprise Home Again II, Inc. T/A J.L. Care Enterprises
  • Joyous Living, Inc.
  • Lifespring, LLC
  • Ma Maison, Inc. T/A Ma Maison I, Ma Maison II, Ma Maison III
  • Marlyn Place, LLC
  • Na’s Place A Haven of Rest, Inc.
  • Rolling Meadows T/A 303 N. Rolling Road, LLC
  • Splendid Home Care II, LLC
  • The Comforts at Catonsville, LLC
  • Woodholme Manor, LLC

 

The contract commences upon Council approval, continues through June 30, 2019, and may be renewed for two additional 1-year periods on the same terms and conditions.  Compensation for all contractors providing these services is limited to the amount appropriated each fiscal year.  Estimated compensation for all contractors providing these services totals $447,453 for FY 2019 and $1,342,359 for the entire approximate 2-year and 10-month term, including the renewal periods, assuming the FY 2019 estimated cost for each renewal period.  Either party may terminate the agreement by providing 30 days prior written notice.  The contracts are subject to the availability of State funds and to termination by the County in the event of a reduction or termination in funding.

 

The County contracts with any provider that is licensed by the State of Maryland, serves Baltimore County residents, and meets Department criteria for providing these services.

 

The Department advised that the number of clients served per year depends on longevity and changing service needs as well as State funding levels, and that currently, there is no waiting list for services.  The Department also advised that it served 71 clients in FY 2018 and expects to serve 70 clients in FY 2019; FY 2018 expenditures totaled $338,769.

 

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….”

 

Amy Grossi                                                 Fiscal Note                                       September 4, 2018

 

 

FM-5 (Contract)                                                                                            Council District(s) __5__

 

 

Department of Permits, Approvals and Inspections

 

Drainage/Utility Easement – 1833 Clearwood Ave., 21234

 

The Administration is requesting approval of a contract to acquire property totaling approximately 0.036 acre for $5,332 to obtain an easement to be used for the construction of the East Branch Herring Run relief sewer.  John E. and Marlene Y. Cumor currently own the property, which is located at 1833 Clearwood Avenue in Parkville.  The property is zoned DR-5.5 (Density Residential – 5.5 units/acre).  The acquisition will be used for drainage and utility easement areas.  See Exhibit A.

 

Fiscal Summary

 

Funding Source

Purchase Price
 

Notes

County (1)

$         5,332   (1) Capital Projects Fund (Metropolitan District).  

State

Federal

Other

 

Total

$         5,332

 

 

Analysis

 

The 0.036-acre property to be acquired is part of a 0.23-acre parcel that is residentially improved with a detached 1½-story dwelling.  The Department of Permits, Approvals and Inspections – Real Estate Compliance Division advised that because this sewer project is related to the County’s compliance with the 2005 consent decree for the elimination of sanitary sewer overflows, it is under a strict timeline.  The Division also advised that in an effort to obtain rights-of-way for small non-fee  takings  in a  timely  manner,  it  used  a  formula  (based  on  the  State  Department  of

 

 

FM-5 (Contract)                                                                                                       September 4, 2018

 

Assessments and Taxation’s reported land value and square footage) to determine the $5,332 purchase price.

 

The East Branch Herring Run relief sewer project will run from Taylor Avenue to Redwood Avenue.  The Department advised that 17 acquisitions are needed for this project; this is the only acquisition that requires Council approval.

 

Estimated project costs total $7.1 million, including $6.7 million for construction.  As of July 25, 2018, $426,126 has been expended/encumbered for this project, excluding the cost of this acquisition.  The Department of Public Works advised that a specific construction date is not currently available.

 

County Charter, Section 715, requires Council approval of real property acquisitions where the purchase price exceeds $5,000.

 

 

 

Council                                                           Fiscal Note                                         September 4, 2018

 

 

MB-3 (Res. 73-18)                                                                                        Council District(s) __2__

 

 

Mrs. Almond

 

 

Planned Unit Development – Keller Road, LLC – Woodholme Center II

 

 

Resolution 73-18 approves the review of a proposed Planned Unit Development (PUD) in the Second Councilmanic District.

 

Bill 5-10 substantially revised the process for the review and approval of a PUD.  However, the first step in the process was not changed (namely, that an application for a PUD must first be submitted to the Council member in whose District the PUD is proposed to be located).

 

Bill 36-11 further amended the PUD process to require that, after submission of the PUD application to the appropriate Council member, the applicant must hold a post-submission community meeting.  This meeting is similar to the community input meeting that is required during the development review and approval process, except the post-submission community meeting is required at the beginning of the process, prior to the adoption of a resolution approving the further review of the PUD.  The applicant must give 3 weeks’ notice of the meeting and post the property.  Notice must be mailed to adjoining property owners and community associations that represent the area.  At the meeting, the applicant must provide information about the plan, allow questions and comments, maintain a record, compile minutes of the meeting, and forward the minutes to the Council member and to the Department of Permits, Approvals and Inspections (PAI).  Community residents and organizations may also provide written comments to the Council member.  In addition, the Council member may require the applicant to hold another post-submission meeting.

 

The applicant must also send copies of the PUD application to PAI; PAI must then transmit copies of the application to the appropriate reviewing agencies, and these agencies must provide a preliminary written evaluation of the PUD proposal to the Council member.

 

Once these procedures are completed to the satisfaction of the Council member, and if the Council finds that the proposed site is eligible for review, the Council, by adoption of a resolution that has additional advertising and posting requirements,  may  approve  the continued review of

MB-3 (Res. 73-18)                                                                                                   September 4, 2018

 

the PUD according to the County’s development review and approval process.  The adopting resolution is introduced only after all of the steps required by Bill 36-11 have been concluded. Resolution 73-18 avers that the applicant has complied with all of the aforementioned procedural steps.

 

In the proposed PUD project known as “Woodholme Center II,” an application was filed by Keller Road, LLC, an affiliate of Greenebaum Enterprises, Inc., for review and approval of a 3.08± acre site located on the northeast side of Reisterstown Road, south of Keller Road, in the Second Councilmanic District.  The proposed development site consists of several different individual lots,

totaling 3.08± acres, zoned predominantly OR‑2 (Office Building – Residential), with slivers of B.L. (Business, Local) and D.R.10.5 (Density Residential, 10.5 dwelling units/acre) zoning.  The PUD site is located within the Urban Rural Demarcation Line (URDL).

 

The PUD site is adjacent to Woodholme Center, a 25+ acre mixed use campus with 85,000+ square feet of commercial/retail and 190,000+ square feet of office space.  The applicant proposes to develop the PUD site with a 65,000± square foot office building, including restaurant space and associated parking, as an extension of the Woodholme Center campus.

 

The applicant also proposes to provide a community benefit in the form of an environmental benefit, in accordance with Section 32‑4‑242(b)(6)(i) of the Baltimore County Code, by proposing to achieve at least a “Silver” rating according to the U.S. Green Building Council’s LEED Green Building System.  As an additional benefit to the occupants and visitors to the center as well as to members of the surrounding communities, the applicant proposes to add pathways and walkways in and around Woodholme Center, where possible, to increase the overall walkability of the center and its connectivity to the adjacent communities.

 

Upon its passage by the County Council, Resolution 73-18 will be forwarded to the Departments of Planning and PAI.

 

Council                                                           Fiscal Note                                         September 4, 2018

 

 

MB-4 (Res. 74-18)                                                                                        Council District(s) __7__

 

Mr. Crandell

 

Planned Unit Development – Hermann & Kittle Properties, Inc. –

Sycamore Springs Senior Apartments

 

 

Resolution 74-18 approves the review of a proposed Planned Unit Development (PUD) in the Seventh Councilmanic District.

 

Bill 5-10 substantially revised the process for the review and approval of a PUD.  However, the first step in the process was not changed (namely, that an application for a PUD must first be submitted to the Council member in whose District the PUD is proposed to be located).

 

Bill 36-11 further amended the PUD process to require that, after submission of the PUD application to the appropriate Council member, the applicant must hold a post-submission community meeting.  This meeting is similar to the community input meeting that is required during the development review and approval process, except the post-submission community meeting is required at the beginning of the process, prior to the adoption of a resolution approving the further review of the PUD.  The applicant must give 3 weeks’ notice of the meeting and post the property.  Notice must be mailed to adjoining property owners and community associations that represent the area.  At the meeting, the applicant must provide information about the plan, allow questions and comments, maintain a record, compile minutes of the meeting, and forward the minutes to the Council member and to the Department of Permits, Approvals and Inspections (PAI).  Community residents and organizations may also provide written comments to the Council member.  In addition, the Council member may require the applicant to hold another post-submission meeting.

 

The applicant must also send copies of the PUD application to PAI; PAI must then transmit copies of the application to the appropriate reviewing agencies, and these agencies must provide a preliminary written evaluation of the PUD proposal to the Council member.

 

Once these procedures are completed to the satisfaction of the Council member, and if the Council finds that the proposed site is eligible for review, the Council, by adoption of a resolution that has additional advertising and posting requirements,  may approve  the  continued review of

MB-4 (Res. 74-18)                                                                                                   September 4, 2018

 

the PUD according to the County’s development review and approval process.  The adopting resolution is introduced only after all of the steps required by Bill 36-11 have been concluded. Resolution 74-18 avers that the applicant has complied with all of the aforementioned procedural steps.

 

In the proposed PUD project known as “Sycamore Springs Senior Apartments,” an application was filed by Hermann & Kittle Properties, Inc. for review and approval of a 4.5± acre development site located on the south side of Old Eastern Avenue, west of Back River Neck Road, in the Seventh Councilmanic District.  The site consists of four separate tax parcels (1513‑1519 Old Eastern Avenue) and is zoned a mix of R‑O‑A (Residential – Office, Class A), C.B. (Community Business), B.L.‑A.S. (Business, Local – Automotive Services), and D.R.5.5 (Density Residential, 5.5 dwelling units per acre).  The property is located within the Urban Rural Demarcation Line (URDL).  The applicant proposes to develop the property with a new residential community featuring 84 rental apartment units for seniors (62 years of age and older) and related amenities.  The units will be offered to seniors with a range of income levels (units offered to seniors with 30% of area median income up to market rate units).

 

The applicant also proposes, as a community benefit, a capital improvement benefit in the amount of $60,000 to be used for project(s) according to the requirements of Section 32‑4‑242(b)(6)(iii) of the Baltimore County Code, in consultation with the Councilman in whose District the PUD project is located and area community groups.

 

Upon its passage by the County Council, Resolution 74-18 will be forwarded to the Departments of Planning and PAI.

 

 

 

 

 

 

BALTIMORE COUNTY COUNCIL

NOTES TO THE AGENDA

APPENDIX A