BALTIMORE COUNTY COUNCIL

NOTES TO THE AGENDA

LEGISLATIVE SESSION 2015

Issued: November 25, 2015

Work Session: December 1, 2015

Legislative Day No. 20 : December 7, 2015

The accompanying notes are

compiled from unaudited

information provided by

the Administration and

other sources.

OFFICE OF THE COUNTY AUDITOR

BALTIMORE COUNTY COUNCIL

December 7, 2015

NOTES TO THE AGENDA

TABLE OF CONTENTS

Mr. Crandell

Manufacturing, Heavy (M.H.) Zone Use Regulations

Bill 86-15 amends the uses permitted by right and by special exception for certain large tracts in the Manufacturing, Heavy (M.H.) Zone. The bill would apply to a tract of land that is located in the M.H. Zone with an Industrial, Major (I.M.) Overlay, and with a minimum tract size of at least 2,500 acres that is under common ownership or control.

In order to enhance the development B and most importantly, the re-development B opportunities for such a unique tract of land, the bill will permit by right the uses permitted by right in the M.H.-I.M. Zone, as well as the uses permitted by right in the Manufacturing, Light B Industrial, Major (M.L.-I.M.) Zone and the Business, Major (B.M.) Zone.

The bill will also permit by right certain uses that would ordinarily be permitted by special exception. These specific uses are the following: airstrips or airports where it is shown that such use will serve primarily the industrial uses in the same area; car washes; cemeteries; commercial and private kennels; controlled excavations; fuel service stations; service garages; moving and storage establishments; outdoor advertising signs; truck stops; and union halls or other places of assembly for employment-related activities.

In addition, Bill 86-15 permits by special exception those uses not listed above that are permitted by special exception in the M.H.-I.M. Zone, as well as uses permitted by special exception in the M.L.-I.M. Zone.

The bill also states that no more than five percent of the area of a tract to which the bill applies may be used for uses permitted in the B.M. Zone that are not otherwise permitted in the M.H. or M.L. Zone. This limits the amount of purely retail or commercial business uses on the tract. Finally, the bill allows the uses permitted by right to be processed for development in the same manner as a limited exemption, as authorized by Section 32-4-106(a) of the County Code.

Bill 86-15, having been passed by the affirmative vote of five members of the County Council, shall take effect on December 21, 2015.

Liz Glenn/ Fiscal Note December 7, 2015

Andrea Van Arsdale

FM-1 (Contract Amendment) Council District(s) All _

Department of Planning

Lead Safe Baltimore County Program

The Administration is requesting an amendment to a contract with Arc Environmental, Inc. to perform radon testing for the Department’s Lead Safe Baltimore County program and its Single Family Rehabilitation Grant and Loan program. The proposed amendment limits the compensation paid to the contractor for radon testing to $25,000 and limits the timeframe for radon testing from September 1, 2015 through June 30, 2016 unless approved by the Council. If approved, the proposed amendment increases the maximum compensation of the contract by $279,760, from $171,240 to $451,000, for the entire 5-year and 3-month term of the contract, including the renewal and extension periods. The contract commenced July 1, 2014. See Exhibit A.

Fiscal Summary

Funding Source	Contract Amendment	Current Maximum Compensation	Amended Maximum Compensation
County	—	—	—
State	—	—	—
Federal ⁽¹⁾	$ 279,760	$ 171,240	$ 451,000
Other	—	—	—
Total	$ 279,760	$ 171,240	$ 451,000	⁽²⁾
⁽¹⁾U.S. Department of Housing and Urban Development funds. ⁽²⁾Maximum compensation for the entire 5-year and 3-month term, including the renewal and extension periods.

FM-1 (Contract Amendment) (cont’d) December 7, 2015

Analysis

The contractor currently provides approximately 100 lead hazard risk assessments annually on pre-1978 vacant, rental, and owner-occupied rowhome and single-family properties located in the County’s Neighborhood Improvement Areas for the Department’s Lead Safe Baltimore County program (funded by the U.S. Department of Housing and Urban Development [HUD]). The Department also administers HUD’s Single Family Rehabilitation Grant and Loan program, which assists income-eligible homeowners (at or below 80% of the Area Median Income – $65,800 for a family of four) with grants or low-cost loans to correct hazardous conditions, eliminate safety hazards, repair/replace major systems, etc. The Department advised that approximately 85-100 households each year are assisted with housing rehabilitation loans and grants, and the majority of which receive lead risk assessments through the Lead Safe Baltimore County program. The Department also advised that as part of the environmental review process, HUD requires that each house receiving federal assistance have a lead paint risk assessment and a radon test.

Under the proposed amendment, the contractor will also perform the required radon testing. The amendment states that “the County has determined that it is in the best interest of the County to have the contractor perform the radon testing in conjunction with the lead assessments.” To qualify for a risk assessment (i.e., in which the contractor identifies the presence of and recommends how to remediate or abate lead paint and lead hazards on the property), the household income of homeowners or tenants must be at or below 80% of the Area Median Income (i.e., at or below $65,800 for a family of four) and meet certain occupancy guidelines.

The contractor’s base unit price to perform a lead-based paint inspection and risk assessment is $229.50; to perform radon testing as a stand-alone test is $450; and to perform both a radon test and lead-based paint risk assessment together is $300. Other unit prices range from $4 to $75 per task depending on the type of service (e.g., lab testing of dust wipe and soil samples for lead paint testing and a mobilization fee for radon testing).

Prior to the commencement of each renewal period, the County may entertain a request for an escalation in unit prices 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.

FM-1 (Contract Amendment) (cont’d) December 7, 2015

On July 7, 2014, the Council approved the original 5-year and 3-month contract (which commenced July 1, 2014), with compensation not to exceed $171,240. The proposed amendment limits the compensation paid to the contractor for radon testing to $25,000 and limits the timeframe for radon testing from September 1, 2015 through June 30, 2016 unless approved by the Council. If approved, the proposed amendment increases the maximum compensation of the contract by $279,760, from $171,240 to $451,000, for the entire 5-year and 3-month term of the contract, including the renewal and extension periods. All other terms and conditions remain the same. The County may terminate the agreement by providing 30 days prior written notice.

The original contract was awarded through a competitive procurement process based on low bid from seven bids received. The Department advised that as of November 18, 2015, expenditures under this contract totaled $7,045.

On August 5, 2013, the Council approved a 5-year and 3-month contract with this contractor not to exceed $412,600 to provide on-call industrial hygienist services for various County-owned and/or operated facilities.

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….”

Chief James Johnson Fiscal Note December 7, 2015

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

Police Department

Maintenance Services – BCPD Aircrafts

The Administration is requesting approval of a contract with Sterling Corporation, d/b/a Sterling Helicopter to provide maintenance and repair services for the Police Department’s three helicopters. The contract commenced November 6, 2015, continues until December 31, 2015, and may not exceed $25,000 unless approved by the Council. If approved, the contract will continue through November 5, 2016 and will automatically renew for four additional 1-year periods with the option to further extend the initial term or any renewal term an additional 90 days. The contract does not specify a maximum compensation for the initial 1-year term or for the entire 5-year and 3-month term. However, annual compensation may not exceed the amount appropriated for these services during the entire contract term. Estimated compensation totals $798,800 for the initial 1-year term and $5 million for the entire 5-year and 3-month term, including the renewal and extension periods.

Fiscal Summary

Funding Source	Initial Term		Total Compensation
County ⁽¹⁾	$ 798,800		$ 5,000,000
State	—		—
Federal	—		—
Other	—		—
Total	$ 798,800	⁽²⁾	$ 5,000,000	⁽³⁾
⁽¹⁾General Fund Operating Budget. ⁽²⁾Estimated compensation for the initial 1-year term. The contract does not specify a maximum compensation for the initial 1-year term. Compensation may not exceed the amount appropriated for these services. ⁽³⁾ Estimated compensation for the entire 5-year and 3-month term, including the renewal and extension periods. The contract does not specify a maximum compensation for the entire contract term. Annual compensation may not exceed the amount appropriated each year for these services during the entire contract term.

FM-2 (Contract) (cont’d) December 7, 2015

Analysis

The contractor will provide all parts and labor in order to provide avionic repair services for the Police Department’s three helicopters, including regular inspections and scheduled and unscheduled emergency maintenance in order to meet FAA requirements and other compliance standards. Repair and maintenance services will be billed at an hourly rate of $79.25 (including travel time). Materials will be billed at a 6% discount below the manufacturer’s list price. The contractor must operate a maintenance facility within 1 hour of flight time from the Department’s helicopter hangar. The Department estimates 600 hours of flight time for each helicopter per year.

The contract commenced November 6, 2015, continues until December 31, 2015, and may not exceed $25,000 unless approved by the Council. If approved, the contract will continue through November 5, 2016 and will automatically renew for four additional 1-year periods with the option to further extend the initial term or any renewal term an additional 90 days on the same terms and conditions, unless the County provides notice of non-renewal. The contract does not specify a maximum compensation for the initial 1-year term or for the entire 5-year and 3-month term, including the renewal and extension periods. Rather, the contract provides that “In no event shall the compensation paid to the contractor exceed the…approved appropriation during the initial term of this agreement…or during any renewal period or extension.…” Estimated compensation totals $798,800 for the initial 1-year term and $5 million for the entire 5-year and 3-month term, including the renewal and extension periods.

Prior to the commencement of each renewal period, the County may entertain a request for an escalation in 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 County may terminate the agreement by providing 30 days prior written notice.

The contract was awarded through a competitive procurement process based on low bid from two bids received. The other bid submitted was deemed non-responsive.

On August 2, 2010, the Council approved a similar 5-year and 3-month contract estimated to total $4.8 million with Sterling Helicopter, Inc. The contract expired November 5, 2015. As of

FM-2 (Contract) (cont’d) December 7, 2015

November 5, 2015, expenditures/encumbrances under this contract totaled $4,798,778. The contractor has provided these services to the County since 1997.

Keith Dorsey Fiscal Note December 7, 2015

FM-3 (Contract) Council District(s) 5_

Office of Budget and Finance

Redesign of Patriot Plaza

The Administration is requesting approval of a contract with EDSA, Inc. to design a concept plan and to provide construction-related services for the redesign of Patriot Plaza in Towson. The contract commenced October 28, 2015 and continues through completion of the project. Compensation may not exceed $25,000 unless approved by the Council. If approved, the contract may not exceed $398,236 for the entire term of the contract. The Office expects the project to be completed by July 2017. See Exhibit A.

Fiscal Summary

Funding Source	Maximum Compensation		Notes
County ⁽¹⁾	$ 398,236		⁽¹⁾ Capital Projects Fund. ⁽²⁾Maximum compensation for the entire term of the contract. The contract shall continue through the completion of the project.
State	—
Federal	—
Other	—
Total	$ 398,236	⁽²⁾

Analysis

The contractor will design a concept plan and provide construction-related services for the redesign of Patriot Plaza, the area between the County Courts Building and the Historic Courthouse. The contractor will conduct a topographic survey, prepare design concepts and alternatives with supporting cost analyses, and develop a final design. Additionally, the contractor will prepare construction documents/specifications, assist the County during the construction phase bidding and negotiations process, and provide construction administration services, including conducting site visits and preparing reports.

FM-3 (Contract) (cont’d) December 7, 2015

The goal of the redesign of Patriot Plaza is to create a public outdoor space to accommodate events to draw in the community, as well as for use as an everyday outdoor space for residents, visitors, and government employees. The redesign will integrate the surrounding government buildings into the design, and will enhance connections between Patriot Plaza, the Historic Courthouse Gardens, and the adjacent streets and sidewalks. The plan will also include the removal of the existing fountain and its associated utility infrastructure, as well as waterproofing the structure below it. The request for proposal (amendment #2) indicates that funding for this project has been increased from a not-to-exceed design and construction budget of $3,000,000 to $4,250,000.

The contract commenced October 28, 2015 and continues through completion of the project. Compensation may not exceed $25,000 unless approved by the Council. If approved, the contract may not exceed $398,236 for the entire term of the contract. The Office advised that design work is expected to be completed by May 2016, construction is expected to begin in October 2016, and the project is expected to be completed by July 2017. The County may terminate the agreement by providing 30 days prior written notice.

The contract was awarded through a competitive procurement process based on experience, qualifications, and project design from six bids received.

Keith Dorsey Fiscal Note December 7, 2015

FM-4 (Contract) Council District(s) All_

Office of Budget and Finance

Mechanical & Electrical Engineering Services

The Administration is requesting approval of a contract with Burdette, Koehler, Murphy & Associates, Inc. to provide on-call mechanical and electrical engineering services for various County buildings on an as-needed basis. The contract commences upon Council approval, continues for 2 years, and will automatically renew for two additional 1-year periods. The contract does not specify a maximum compensation for the initial 2-year term. Compensation may not exceed $750,000 for the entire 4-year term, including the renewal periods. See Exhibit A.

Fiscal Summary

Funding Source	Maximum Compensation		Notes
County ⁽¹⁾	$ 750,000		⁽¹⁾ Capital Projects Fund. ⁽²⁾ Maximum compensation for the entire 4-year term, including the renewal periods. The contract does not specify a maximum compensation for the initial 2-year term.
State	—
Federal	—
Other	—
Total	$ 750,000	⁽²⁾

Analysis

The contractor will provide on-call mechanical and electrical engineering services, including consultation, reports, feasibility studies, sketches, renderings, schematic design, design development, construction documents, cost estimates, construction administration, and other assistance on various projects for County buildings.

The contract commences upon Council approval, continues for 2 years, and will automatically renew for two additional 1-year periods on the same terms and conditions, unless the County

FM-4 (Contract) (cont’d) December 7, 2015

provides notice of non-renewal. The contract does not specify a maximum compensation for the initial 2-year term. Compensation may not exceed $750,000 for the entire 4-year term, including the renewal periods. The County may terminate the agreement by providing 30 days prior written notice.

Services will be performed at the contractor’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 must be within established County limits. Funding for the contract will not be encumbered at this time. Rather, contract costs will be charged to specific projects as they are assigned.

On September 17, 2007, the Council approved a similar 4-year contract not to exceed $750,000 with the contractor. On June 17, 2011, the Administrative Officer approved the first addendum, adding two additional 1-year renewal periods, extending the term to September 16, 2013. Furthermore, on July 1, 2013, the Council approved the second addendum, increasing the contract by $250,000, from $750,000 to $1 million and extending the contract through the date upon which the contractor completes an electrical services upgrade to the County Courts Building. The Office advised that it is expected that the upgrade will be completed in 2018. As of November 10, 2015, $871,864 had been expended/encumbered under this contract.

In addition, on August 8, 2009, the Council approved a similar 4-year contract not to exceed $750,000 with Kibart, Inc. The Office advised that on June 7, 2013, the Administrative Officer approved an addendum to the contract to extend the term through August 2, 2015. As of November 10, 2015, $629,590 had been expended/encumbered under this contract.

Furthermore, on February 10, 2010, the Council approved a similar 4-year contract not to exceed $750,000 with Spears/Votta & Associates, Inc. The Office advised that on January 8, 2014, the Administrative Officer approved an addendum to the contract to extend the term through January 31, 2016. As of November 10, 2015, $696,812 had been expended/encumbered under this contract.

On December 5, 2014, the Professional Services Selection Committee (PSSC) selected the contractor based on qualifications and experience from 26 submittals, of which 5 submittals were disqualified.

FM-4 (Contract) (cont’d) December 7, 2015

Liz Glenn/ Fiscal Note December 7, 2015

Andrea Van Arsdale

MB-3 (Res. 102-15) Council District(s) _1_

Mrs. Bevins (By Req.)

Department of Planning

Approval of Application – Winters Lane Housing Rehabilitation Project

Resolution 102-15 endorses a Community Legacy Project involving the redevelopment of 10 rental units located on Shipley and Roberts Avenues in the Winters Lane Historic District in the Catonsville-Patapsco Sustainable Community. The resolution also approves the County’s application to the Maryland Community Legacy Program in pursuit of State grant funding totaling approximately $500,000 for labor and materials related to the housing rehabilitation. See Exhibit A.

Fiscal Summary

This resolution has no fiscal impact to the County; it approves the County’s application to the State for financial assistance in the form of an approximate $500,000 grant.

Analysis

The Maryland Community Legacy Program provides local governments and community development organizations with funding for essential projects located in Sustainable Communities (formerly known as Community Legacy Areas). Projects are part of a larger revitalization strategy and may include the following: mixed-use development; business retention, expansion, and attraction initiatives; façade improvements; initiatives related to increasing homeownership and home rehabilitation among residents; real estate acquisitions; and streetscape improvements. Baltimore County has seven designated Sustainable Communities: Catonsville/Patapsco, Greater Dundalk/Sparrows Point, Hillendale/Parkville/ Overlea, Northwest Gateways, Pulaski Highway Redevelopment Area, Reisterstown, and Towson.

MB-3 (Res. 102-15) (cont’d) December 7, 2015

The Department advised that St. Ambrose Housing Aid Center, Inc. owns 15 homes in the Winters Lane Historic District and selected 10 properties for full rehabilitation as “phase one” of a community revitalization plan. The Department further advised that the properties are approximately 100 years old and are deteriorated, out of compliance with current building codes, and functionally obsolete. The rehabilitation of these homes will include enlarging the livable space of each home by approximately 400 sq. ft.; creating modern, functional layouts; installing and/or replacing HVAC systems; upgrading appliances; and replacing plumbing, siding, windows, roofing, and porches. The Department advised that the renovations will comply with Maryland Historic Trust guidelines, will begin in late winter 2016, and will be completed within 18 months. The Department further advised that the rehabilitated properties will be leased to families with incomes at or below 60% of the area median household income (e.g., $53,040 for a family of four).

The Department advised that hard project costs total $2,842,190 ($284,219 per home) and will be financed as follows:

Economic Development Revolving Financing Fund (20-year deferred loan, 3% interest)		$1,020,169
U.S. Department of Housing and Urban Development (HUD) HOME Investment Partnership funds (20-year deferred loan, 0% interest)		872,021
Maryland Community Legacy Program funds		500,000
HUD Community Development Block Grant (CDBG) funds (20-year deferred loan, 0% interest)		450,000
Total		$2,842,190

The HUD funds ($1,322,021) were originally submitted for Council approval as part of the 14-Day Grants Review process on November 3, 2015; these deferred loans will be forgiven if the property remains affordable housing for 20 years. The Department advised that this 14-day notice also

MB-3 (Res. 102-15) (cont’d) December 7, 2015

served as notice of the Administration’s intent to provide the 20-year deferred loan from the Economic Development Revolving Financing Fund for this project; the Council will not receive a separate 7-day notice for this transaction. The Department further advised that the Revolving Financing Fund loan will be deferred until its maturity date, when full payment will be due.

The Department advised that soft costs totaling $466,296, such as development fees, financing and settlement costs, and relocation expenses for current tenants, will be paid by the developer.

State regulations require, as part of the application process, that local governing bodies endorse the applications submitted to the Community Legacy Program. The FY 2016 State budget includes $6 million in capital funds for Community Legacy Program projects.

This resolution shall take effect from the date of its passage by the County Council.

BALTIMORE COUNTY COUNCIL

NOTES TO THE AGENDA

APPENDIX A

Tags: Agenda, Baltimore County, county council, Pending Legislation

Wade Kach

BALTIMORE COUNTY COUNCIL

OFFICE OF THE COUNTY AUDITOR

PAGE

LEGISLATIVE SESSION

BILLS – FINAL READING

FISCAL MATTERS

MISCELLANEOUS BUSINESS

APPENDIX

Mr. Crandell

FM-1 (Contract Amendment) Council District(s) All _

Department of Planning

Lead Safe Baltimore County Program

Fiscal Summary

Funding

Source

Contract Amendment

Current Maximum Compensation

Amended Maximum Compensation

County

State

—

—

Federal (1)

Other

Total

FM-1 (Contract Amendment) (cont’d) December 7, 2015

Analysis

FM-1 (Contract Amendment) (cont’d) December 7, 2015

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

Police Department

Fiscal Summary

Funding

Source

Initial

Term

Total Compensation

County (1)

State

—

Federal

Other

Total

FM-2 (Contract) (cont’d) December 7, 2015

Analysis

FM-2 (Contract) (cont’d) December 7, 2015

FM-3 (Contract) Council District(s) 5_

Fiscal Summary

Funding Source

Maximum Compensation

Notes

County (1)

State

Federal

Other

Total

Analysis

FM-3 (Contract) (cont’d) December 7, 2015

FM-4 (Contract) Council District(s) All_

Office of Budget and Finance

Fiscal Summary

Funding Source

County (1)

State

Federal

Other

Total

Analysis

FM-4 (Contract) (cont’d) December 7, 2015

FM-4 (Contract) (cont’d) December 7, 2015

Mrs. Bevins (By Req.)

Department of Planning

Approval of Application – Winters Lane Housing Rehabilitation Project

Fiscal Summary

Analysis

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