BALTIMORE COUNTY COUNCIL
NOTES TO THE AGENDA
LEGISLATIVE SESSION 2017
Issued: December 7, 2017
Work Session: December 12, 2017
Legislative Day No. 21 : December 18, 2017
The accompanying notes are
compiled from unaudited
information provided by
the Administration and
other sources.
OFFICE OF THE COUNTY AUDITOR
BALTIMORE COUNTY COUNCIL
December 18, 2017
NOTES TO THE AGENDA
TABLE OF CONTENTS
PAGE
LEGISLATIVE SESSION
Witnesses………………………………………………………………… ii
BILLS – FINAL READING
Bill 72-17…………………………………………………………………… 1
FISCAL MATTERS
FM-1………………………………………………………………………….. *
FM-2………………………………………………………………………….. *
FM-3…………………………………………………………………………. 2
FM-4…………………………………………………………………………. 4
FM-5…………………………………………………………………………. 7
MISCELLANEOUS BUSINESS
MB-1 (Res. 116-17)………………………………………………… 10
MB-2 (Res. 117-17)………………………………………………… 14
* See Addendum
i
BALTIMORE COUNTY COUNCIL AGENDA
LEGISLATIVE SESSION 2017, LEGISLATIVE DAY NO. 21
December 18, 2017 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 72-17 – Mr. Crandell – Parking
APPROVAL OF FISCAL MATTERS/CONTRACTS
WILL ANDERSON, DIRECTOR, DEPARTMENT OF ECONOMIC AND WORKFORCE DEVELOPMENT
* 1. Development Agreement – Towson Row Statutory Trust-Support for mixed-use development plan-Towson Row-DEWD
* 2. First Amendment-Amended, Restated & Consolidated Ground Lease–BC Revenue Authority-Repairs-Washington Ave. Garage-DEWD
COL. STEVE HLAVACH/LT. BIFF BENSON, POLICE DEPARTMENT
2 3. Contract –Acme Auto Leasing, LLC–Rental/repair-Vehicles leased by BCPD–Regional Automobile Theft Task Force-PD
STEVE WALSH, DIRECTOR, DEPARTMENT OF PUBLIC WORKS
4 4. Contract – C.L. Felts and Company, Inc. – Snow removal and salt application – DPW
AMY GROSSI, REAL ESTATE COMPLIANCE
7 5. Contract of Sale – Civic League of Inverness, Inc. – Purchase of easement area – 201 Bayside Drive, 21222-REC
MISCELLANEOUS BUSINESS
AMY GROSSI, REAL ESTATE COMPLIANCE
10 1. Res. 116-17 – Mr. Quirk(By Req.) – Accept donation – 3 parcels of land – Lyons Mill Partnership, LLP – Owings Mills
KEITH DORSEY, DIRECTOR, OFFICE OF BUDGET AND FINANCE
14 2. Res. 117-17 – Mr. Quirk(By Req.) – Accept monetary gift – State of MD Public Safety and Correctional Services-911 Center
* See Addendum
ii
Council Fiscal Note December 18, 2017
Bill 72-17 Council District(s) _7_
Mr. Crandell
Parking
Bill 72-17 prohibits commercial vehicles in excess of three-quarters of a ton from parking on the following streets in the Dundalk Commercial Revitalization District: Shipping Place, Center Place, Commerce Street, Trading Place, N. Center Place, S. Center Place, and Dunmanway.
Violation of this section is a misdemeanor.
With the affirmative vote of five members of the County Council and signature by the County Executive, Bill 72-17 will take effect on January 1, 2018.
Col. Steve Hlavach Fiscal Note December 18, 2017
Lt. Biff Benson
FM-3 (Contract) Council District(s) __All__
Police Department
Rental/Repair – Vehicles Leased by BCPD – Regional Automobile Theft Task Force
The Administration is requesting approval of a contract with Acme Auto Leasing LLC to rent and repair various types of vehicles for the Police Department’s Regional Automobile Theft Task Force. The contract commences upon Council approval, continues for 2 years, and will automatically renew for three additional 1-year periods with the option to further extend the initial term or any renewal term an additional 120 days. The contract does not specify a maximum compensation for the initial 2-year term. Compensation may not exceed $964,000 for the entire 5-year and 4-month term, including the renewal and extension periods.
Fiscal Summary
FundingSource |
Maximum Compensation |
Notes |
||
County |
— | (1) Maryland Vehicle Theft Prevention Council funds.
(2) Maximum compensation for the entire 5-year and 4-month term, including the renewal and extension periods. The contract does not specify a maximum compensation for the initial 2-year term. |
||
State (1) |
$ 964,000 | |||
Federal |
— | |||
Other |
— | |||
Total |
$ 964,000 | (2) |
Analysis
The Department’s Regional Automobile Theft Task Force (RATT) works in conjunction with the Baltimore City and Anne Arundel County Police Departments and the Maryland State Police to reduce the incidence of automobile theft in the Baltimore metropolitan area. The contractor will provide, maintain, and repair 16 vehicles to support the operations of RATT, including 10 sport utility vehicles and 5 full size pick-up trucks to be used primarily for surveillance, and 1 vehicle to
FM-3 (Contract) (cont’d) December 18, 2017
be used for the “Decoy Vehicle” program. The contractor must also have a minimum of two additional vehicles available to replace any vehicles removed from service (e.g., for repairs). Vehicle monthly rates are $750 for surveillance vehicles, $725 for vehicles for the Investigative Unit, and $595 for the decoy vehicle.
The contract commences upon Council approval, continues for 2 years, and will automatically renew for three additional 1-year periods with the option to further extend the initial term or any renewal term an additional 120 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 2-year term. Compensation may not exceed $964,000 for the entire 5-year and 4-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 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. The County may terminate the agreement by providing 30 days prior written notice.
The County awarded the contract through a competitive procurement process based on low bid from two bids received.
On June 3, 2013, the Council approved a similar 5-year and 3-month contract (which commenced February 1, 2013) not to exceed $758,500 with Acme Auto Leasing, LLC. As of November 28, 2017, the County’s financial system indicated that $726,273 has been expended/encumbered under this contract.
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 December 18, 2017
FM-4 (Contract) Council District(s) All_
Department of Public Works
Snow Removal and Salt Application
The Administration is requesting approval of a contract with C.L. Felts and Company, Inc. to provide on-call snow removal and salt application services. The contract commenced November 1, 2017, continues through April 30, 2018, and may not exceed $25,000 unless approved by the Council. If approved, the contract may be renewed for nine additional years (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 renewals.
Fiscal Summary
Funding Source |
Initial Term |
CombinedMaximum Compensation |
||||
County (1) |
* | * | ||||
State |
— | — | ||||
Federal |
— | — | ||||
Other |
— | — | ||||
Total |
* | (2) | * | (3) | ||
|
(1) General Fund Operating Budget. (2) The hourly rates for the contractor are $110 and $140, depending on the type of equipment provided, 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 amounts are not reasonably estimable at this time. |
||||||
FM-4 (Contract) (cont’d) December 18, 2017
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 commenced November 1, 2017, continues through April 30, 2018, and may not exceed $25,000 unless approved by the Council. If approved, the contract may be renewed for nine additional years 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; rather, the contract states that the compensation paid to all contractors providing snow removal and salt application services may not exceed the amount appropriated during the entire contract term. The Department advised that an estimated amount for the 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 agreement by providing 30 days prior written notice.
The FY 2018 budget for the Storm Emergencies Program totals $9 million, including $1.1 million for contractual snow removal services. The Department advised that FY 2017 snow removal expenditures totaled approximately $5.8 million, including approximately $2.4 million for contractual services.
The contractor will provide three 1-ton pick-up trucks with plows and spreaders and one skid loader at hourly rates of $110 and $140, 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-4 (Contract) (cont’d) December 18, 2017
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 contractors were selected on a non-competitive basis.
For the 2017/2018 snow season, the Department advised that approximately 260 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 County currently has contracts with 62 contractors, excluding this contractor, which provide approximately 320 pieces of equipment.
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 December 18, 2017
FM-5 (Contract) Council District(s) __7__
Department of Permits, Approvals and Inspections
Purchase of Easement Area – 201 Bayside Drive, 21222
The Administration is requesting approval of a contract to acquire property totaling approximately 0.123 acre for $8,014 to obtain an easement to be used for the construction of a storm drain near Bayside Drive and Beach Drive. Civic League of Inverness, Inc. owns the property, which is located at 201 Bayside Drive in Dundalk. The property is zoned DR-5.5 (Density Residential – 5.5 dwelling units/acre). The acquisition will be used for drainage and utility easement and temporary construction areas. See Exhibit A.
Fiscal Summary
Funding Source |
Purchase Price |
Notes |
|||
County (1) |
$ 8,014 | (1) Capital Projects Fund. | |||
State |
— | ||||
Federal |
— | ||||
Other |
— | ||||
Total |
$ 8,014 |
Analysis
David B. Johns, staff appraiser, completed an appraisal of the property in June 2017, recommending a value of $8,014. After review and analysis, S. David Nantz, review appraiser, concurred with the appraisal, recommending the respective amount as just compensation for the acquisition. The Department of Permits, Approvals and Inspections – Real Estate Compliance Division advised that the property owner accepted the County’s offer.
FM-5 (Contract) (cont’d) December 18, 2017
According to the appraisal, the 0.123-acre property to be acquired is part of a 0.615-acre community waterfront park with a boat ramp, playground, and small pier. The Department advised that the purchase price of $8,014 includes $300 for the adverse impact to the landscaping.
The Department advised that two acquisitions are needed for this project, both requiring Council approval. This is the second acquisition to be presented for Council approval. The first acquisition, located at 137 Bayside Drive, was approved by the Council on December 4, 2017.
The storm drain, which will run from Bayside Drive to Chink Creek, is being installed to alleviate road flooding in the area. Estimated project costs total $191,550. As of November 27, 2017, approximately $178,007 has been expended/encumbered for this project, excluding the cost of this acquisition. The Department advised that construction commenced in September 2017, with completion planned for November 2017 at a cost of $164,244.
County Charter, Section 715, requires Council approval of real property acquisitions where the purchase price exceeds $5,000.
Amy Grossi Fiscal Note December 18, 2017
MB-1 (Res. 116-17) Donation Council District(s) __4__
Mr. Quirk (By Req.)
Department of Permits, Approvals and Inspections
Accept Donation – Three Parcels of Land – Owings Mills
This resolution authorizes the County to accept a donation of three unimproved parcels of land totaling approximately 1.526 acres ($100 assessed value for each parcel) from Lyons Mill Partnership, LLP for the purpose of placing this floodplain property into public ownership and placing it under floodplain management. The parcels are located east of Winterbrook Road in the Stoneybrook area of Owings Mills. The estimated fair market value of the donation is $9,156. See Exhibit A.
The Department of Permits, Approvals and Inspections – Real Estate Compliance Division advised that the parcels are located in a flood zone and will be maintained as a forested floodplain. The County may utilize the donated parcels for the following purposes: (i) for access to utilities for repair and maintenance; (ii) for access to the stream channel (Scotts Level Branch) and a stream restoration project that will enable the County to maintain compliance with State and federal NPDES (National Pollutant and Discharge Elimination System) impervious surface management; (iii) to facilitate Chesapeake Bay TMDL (Total Maximum Daily Load) sediment reduction goals; and (iv) to stabilize natural watershed systems and enable the improvement of water quality. The parcels will be collectively designated as a “Drainage and Utility Reservation” for the purpose of County maintenance.
The Department advised that an adjacent 1.983-acre parcel was dedicated by the same owner under County Code, Section 32-4-27, but has not yet been conveyed to the County by deed.
The Department advised that no ongoing maintenance costs are expected to result from the three parcels proposed for donation (with the exception of possible debris removal that may be required in future years due to illegal dumping).
MB-1 (Res. 116-17) Donation (cont’d) December 18, 2017
Baltimore County Charter, Section 306, vests in the County Council the power to accept gifts.
This resolution shall take effect from the date of its enactment.
Keith Dorsey Fiscal Note December 18, 2017
MB-2 (Res 117-17) Donation Council District(s) __All__
Mr. Quirk (By Req.)
Office of Budget and Finance
Accept Monetary Gift for the 9-1-1 Center
Resolution 117-17 authorizes the County to accept a monetary donation of up to $2,500 from the Maryland Department of Public Safety and Correctional Services, Emergency Number Systems Board (ENSB) for public education/promotional materials for the County’s 9-1-1 Center. The Office advised that the 9-1-1 Center staff will distribute the materials (e.g., pencils, coloring books, cups, and plastic bags) at community events, including school presentations, scout meetings, and local festivals, in order to educate the public about basic 9-1-1 Center operations.
The Office advised that it will use various vendors depending on the items, pricing, discounts, and shipping expenses. The Office further advised that the materials must be purchased by October 22, 2018, and that the ENSB may pay the vendors directly or reimburse the County for County payments to the vendors.
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.
County Charter, Section 306, vests in the County Council the power to accept gifts.
Resolution 117-17 will take effect from the date of its passage by the County Council.