BALTIMORE COUNTY COUNCIL

NOTES TO THE AGENDA

LEGISLATIVE SESSION 2017

Issued: February 23, 2017

Work Session: February 28, 2017

Legislative Day No. 5 : March 6, 2017

The accompanying notes are

compiled from unaudited

information provided by

the Administration and

other sources.

OFFICE OF THE COUNTY AUDITOR

BALTIMORE COUNTY COUNCIL

March 6, 2017

NOTES TO THE AGENDA

TABLE OF CONTENTS

Mr. Quirk (By Req.)

Fire Department

The Fire Prevention Code of Baltimore County

Bill 3-17 completes the triennial revision of the Fire Code and adopts the NFPA 1: Fire Code, 2015 Edition, with amendments, and the NFPA 101: Life Safety Code, 2015 Edition, with amendments, as the Fire Prevention Code of Baltimore County.

A triennial review and revision of the Fire Code is required based on the publication of the National Fire Protection Association NFPA 101: Life Safety Code.

This proposed Code will align the County Fire Prevention Code with the State Fire Prevention Code. The Code will be less complicated to enforce and easier for the building community to manage. The proposed Code would eliminate the need for Code officials, design professionals, and contractors to review different sets of national standards to determine which is the more stringent and, therefore, the appropriate standard to apply.

Bill 3-17 updates the Fire Prevention Code previously enacted in Bill 63-13. Baltimore County exceptions to the State Code and specific changes to the County Fire Prevention Code are set forth in the Fire Code Executive Summary attached hereto. See Exhibit A.

With the affirmative vote of five members of the County Council and signature by the County Executive, Bill 3-17 will take effect on March 19, 2017.

Will Anderson Fiscal Note March 6, 2017

Bill 4-17 (Supplemental Appropriation) Council District(s) _All_

Mr. Quirk (By Req.)

Department of Economic and Workforce Development

HCCT and Central Office

The Administration is requesting a supplemental appropriation of state funds totaling $184,422 to the HCCT (Highway or Capital Transit Construction Skills) ($167,656) and Central Office ($16,766) Gifts and Grants Fund programs. The funds will be used to provide construction pre-apprenticeship and welding training to up to 32 individuals at the Community College of Baltimore County (CCBC). See Exhibit A.

Fiscal Summary

Program	Supplemental Appropriation		Current Appropriation	Total Appropriation
HCCT	$ 167,656		—	$ 167,656
Central Office	16,766		$ 686,495	703,261
Total	$ 184,422	⁽¹⁾	$ 686,495	$ 870,917
⁽¹⁾Maryland Department of Labor, Licensing and Regulation (DLLR) funds. No County matching funds are required.

Analysis

The proposed supplemental appropriation will be used to provide construction pre-apprenticeship and welding training to up to 32 individuals at CCBC. The Department advised that participants will be primarily County residents identified through the County’s American Job Centers (formerly known as Workforce Development Centers), CCBC outreach activities, and other programs (e.g., youth services programs); long-term unemployed and under-employed individuals will be

Bill 4-17 (Supplemental Appropriation) (cont’d) March 6, 2017

targeted. The Department also advised that participants must be part of traditionally hard-to-reach demographic groups, including veterans, the disabled, and ex-offenders, and a predominance of participants will have low literacy skills and low incomes.

The Department advised that the program will prepare participants for various jobs that support highway or capital construction, including welding, highway maintenance, pipe laying, equipment operation, masonry, carpentry, and electrical fields. Participants who complete the training will obtain industry-recognized credentials or certificates of completion. The Department projects the following outcomes:

At least 75% of participants will complete the training;
At least 80% of participants completing training will be placed in unsubsidized jobs at or above the minimum hourly living wage of $13.59;
At least 85% will retain employment for a minimum of six consecutive calendar months; and
At least 90% will be eligible for benefits within 1 year of employment.

The Department advised that the 32 participants will be divided into two cohorts. In addition to the skills training, each cohort will receive financial literacy training; information on career pathways and opportunities to visit job sites; instruction on real world applications of academic training (e.g., how to read forms, measure materials, read instructions); and job readiness training (e.g., how to build interpersonal and self-management skills; how to prepare resumes; effective interviewing techniques).

The grant period is January 1, 2017 through September 30, 2017. Ten percent of the grant award will be used for administrative purposes. No County matching funds are required.

The Department advised that as of February 8, 2017, planning meetings for the HCCT training have occurred; however, no participants have been identified and no training has started.

With the affirmative vote of five members of the County Council, Bill 4-17 will take effect March 19, 2017.

Thomas Joseph Fiscal Note March 6, 2017

Bill 5-17 (Supplemental Appropriation) Council District(s) _All_

Mr. Quirk (By Req.)

Department of Aging

Hospital to Home

The Administration is requesting a supplemental appropriation of federal funds totaling $80,000 to the Hospital to Home Gifts and Grants Fund program. The funds will be used to hire a part-time (26 hours-per-week) Hospital to Home Care Coordinator to provide support to individuals who are transitioning from Northwest Hospital to a home or community-based setting. See Exhibit A.

Fiscal Summary

Funding Source	Supplemental Appropriation	Current Appropriation	Total Appropriation
County	—	—	—
State	—	—	—
Federal ⁽¹⁾	$ 80,000	—	$ 80,000
Other	—	—	—
Total	$ 80,000	—	$ 80,000
⁽¹⁾U.S. Department of Health and Human Services (HHS) funds passed through the Maryland Department of Aging (MDA). No County matching funds are required.

Analysis

The Hospital to Home Program will provide support services for clients who are transitioning from acute care or short-term rehabilitation facilities to a home or community-based setting by ensuring the client is connected to the appropriate program, service, or specialist that best meets the identified immediate and/or long-term needs to prevent readmission to the hospital. The program

Bill 5-17 (Supplemental Appropriation) (cont’d) March 6, 2017

also includes client follow-up in order to assess outcomes and identify whether additional or alternative assistance is needed. The Department advised that this is a pilot program and will only work with Northwest Hospital at this time.

The proposed $80,000 supplemental appropriation will be used to fund the salary and fringe benefits ($72,460) of a new part-time (26 hours-per-week) Hospital to Home Care Coordinator and for operational supplies ($5,000), training ($2,000), and travel ($540) costs. The coordinator will receive a daily list from Northwest Hospital of potential clients; meet with the clients prior to discharge from the hospital; visit the clients at home to determine the clients’ needs and eligibility; complete applications for eligible benefits as needed; and provide follow-up support at 7, 14, 30, 60, and 90 days. The Department estimates that the program will serve 750 clients per year.

The grant period is January 1, 2017 through July 30, 2017 with a potential extension to September 30, 2017. No County matching funds are required for this grant.

With the affirmative vote of five members of the County Council, Bill 5-17 will take effect March 19, 2017.

Fronda Cohen Fiscal Note March 6, 2017

Bill 6-17 (Supplemental Appropriation) Council District(s) _All_

Mr. Quirk (By Req.)

Office of Communications

Summer Program and Community Arts Development

The Administration is requesting a supplemental appropriation of state funds totaling $15,975 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. The funds will be used to provide additional project grants of up to $7,500 to nonprofit arts organizations for performing and visual arts programming in the County.

Fiscal Summary

Funding Source	Supplemental Appropriation	Current Appropriation	Total Appropriation
County	—	—	—
State ⁽¹⁾	$ 15,975	$ 142,000	$ 157,975
Federal	—	—	—
Other	—	—	—
Total	$ 15,975	$ 142,000	$ 157,975
⁽¹⁾ 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 nonprofit arts organizations for performing and visual arts programming in the County (e.g., concerts, workshops, camps). The Baltimore County Commission on Arts and Sciences recommends using

Bill 6-17 (Supplemental Appropriation) (cont’d) March 6, 2017

the Maryland State Arts Council funds to provide grants of up to $7,500 to organizations for specific projects. The Commission increased the project grant maximum from $5,000 to $7,500 for FY 2017. Applications for FY 2017 project grants were due in March 2016. See Exhibit A for a listing of grant awards issued as of February 8, 2017.

The FY 2017 Adopted Operating Budget included a $142,000 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 $15,975 to the program, increasing the total appropriation to the actual $157,975 grant award. The Office advised that the Commission is reviewing the most effective use of the available FY 2017 grant funds. 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 grant period is FY 2017. No County matching funds are required; however, at least $2,000 of funding must be used for the Arts in Education program.

With the affirmative vote of five members of the County Council, Bill 6-17 will take effect March 19, 2017.

Keith Dorsey Fiscal Note March 6, 2017

Bill 7-17 Council District(s) _All_

Mr. Quirk (By Req.)

Office of Budget and Finance

Taxation – Transient Occupancy Tax

Bill 7‑17 amends the section of the County Code pertaining to the Transient Occupancy Tax.

Current law permits the County to levy and impose a Transient Occupancy Tax, also known as the AHotel Tax,@ on the room rental paid by a transient for sleeping accommodations. The transient occupancy tax rate is 8% of the room rental paid by a transient.

According to the Office of Budget and Finance, a growing number of short-term residential rentals are occurring though on-line AAccommodation Intermediaries@ such as Airbnb, Flipkey, Homeway, and VRBO. The Office advised that The Baltimore Sun reported that in 2015, about 14,200 guests used Airbnb to stay at 660 hosts in Montgomery County. The Office is aware of at least 81 Airbnb facilities in Baltimore County. The Office also advised that many jurisdictions around the country are now modifying their tax and zoning laws to address this new development. However, these activities are not currently subject to Baltimore County=s 8% Transient Occupancy Tax.

In order to capture short-term rentals through these accommodation intermediaries, Bill 7-17 changes the definition of a transient from someone whose stay is not more than 25 days to someone whose stay is less than 90 days; defines an Aaccommodation intermediary,@ which will be subject to the Transient Occupancy Tax; and subjects these accommodations to Baltimore County=s licensing and permitting requirements.

The Office estimates a potential increase in revenue of $41,500 to $54,000 for Fiscal Year 2018.

With the affirmative vote of five members of the County Council and signature by the County Executive, Bill 7-17 will take effect on May 1, 2017.

Council Fiscal Note March 6, 2017

Bill 8-17 Council District(s) _All_

Councilmembers Crandell, Almond, Marks & Bevins

Building Permits – Rat Eradication

Bill 8‑17 amends the section of the County Code pertaining to the issuance of a permit to demolish, raze, move, or remove a building, in whole or in part.

Current law requires the person seeking a permit to provide with the permit application a statement that he or she has taken rat eradication measures and that the premises are rat-free.

Bill 8-17 requires the Astatement@ to be provided by a certified pest control technician from a licensed pest control firm, and to state that appropriate rat eradication measures have been taken and that the premises are rat-free.

With the affirmative vote of five members of the County Council and signature by the County Executive, Bill 8-17 will take effect on March 20, 2017.

Council Fiscal Note March 6, 2017

Bill 9-17 Council District(s) _All_

Councilmembers Kach, Almond, Marks & Jones

Solar Facilities

Bill 9-17 proposes to regulate the location and the requirements for a Solar Facility in Baltimore County.

A Solar Facility is not currently regulated by the Baltimore County Zoning Regulations, although several such facilities have been authorized, by administrative decision, to file for a special exception in certain rural zones as a public utility.

Bill 9‑17 states the County Council=s recognition that solar energy is an abundant, renewable, and environmentally sustainable source of electricity generation that produces clean energy and reduces air and water pollution caused by the burning of traditional fossil fuels. The bill also states that it is the policy of the County to balance the benefits of solar energy production with the potential impact of solar energy‑producing facilities upon the County=s land use policies, particularly in resource conservation and agricultural zones, as well as in business and manufacturing zones where the impact of such facilities on surrounding residential communities must be considered.

The bill defines a ASolar Facility@ as a facility that includes a series of one or more solar collectors or solar energy systems that are placed in an area on a parcel of land for the purpose of generating photovoltaic power for commercial use. The term includes a solar power plant or solar photovoltaic farm.

ACommercial use@ is defined as the transfer to the electrical power grid of energy produced by a solar facility for energy credits to consumers.

Because some solar facilities previously have been allowed to file as a public utility, Bill 9‑17 makes it abundantly clear that a Solar Facility may not be considered a public utility under the Baltimore County Code or the Baltimore County Zoning Regulations.

Bill 9-17 (cont’d) March 6, 2017

Exempted from the provisions of the bill are a Solar Facility that is:

Located in a yard area, building, or structure that is accessory to a principal residential, agricultural, commercial, or institutional use;
On federal, state, or local government‑owned or leased land that produces energy for government use; or
Using at least 75% of the energy generated for agricultural uses.

A Solar Facility is permitted by special exception in the R.C.2, R.C.3, R.C.4, R.C.5, R.C.6, R.C.7, R.C.8, B.L., B.M., M.R., M.L.R., and M.H. zones of the County. A Solar Facility proposed in an R.C. Zone is subject to the following requirements:

The land on which a Solar Facility is proposed may not be encumbered by an Agricultural Preservation easement, an Environmental Preservation easement, or a Rural Legacy easement;
The land on which a Solar Facility is proposed may not be located in a Baltimore County Historic District or on a property that is listed on the Baltimore County Final Historical Landmarks List;
The portion of the land on which a Solar Facility is proposed may not be located in a forest conservation easement, a forest as defined in the County Code, or a designated conservancy area in an R.C.4 or R.C.6 Zone;
The maximum size of a Solar Facility as measured from the perimeter is 30 acres until June 30, 2018, and 40 acres beginning on July 1, 2018;
Aboveground components of the Solar Facility, including solar collection panels, inverters, and similar equipment must be set back a minimum of 50 feet from the tract boundary, except that the setback does not apply to the installation of the associated landscaping, security fencing, wiring, or power lines; and the Administrative Law Judge, or Board of Appeals on appeal, may increase or decrease the setback by up to 25 feet based on the particular circumstances of a case;
A structure may not exceed 16 feet in height;
A landscaping buffer shall be provided around the perimeter of a Solar Facility that is visible from an adjacent residentially used property or public street; screening of state and local scenic routes and scenic views is required in accordance with the Baltimore County Landscape Manual;
Security fencing shall be provided between the landscaping buffer and the Solar Facility;

Bill 9-17 (cont’d) March 6, 2017

A solar collector panel or combination of solar collector panels shall be designed and located in an arrangement that minimizes glare or reflection onto adjacent properties and adjacent roadways and does not interfere with traffic or create a safety hazard;
A petitioner must comply with the requirements of Section 33‑3‑108 of the County Code regarding the filing of a plan of development with the Department of Environmental Protection and Sustainability;
A petitioner is required to send notice of the public hearing on the special exception via certified mail, return receipt requested, to adjoining property owners and community associations at least 60 days prior to the hearing;
In the R.C.2, R.C.6, R.C.7, and R.C.8 zones, a petitioner shall demonstrate at a hearing that measures are being taken at the location of the Solar Facility to minimize the impacts of the facility on prime and productive agricultural soil; and
The Administrative Law Judge, or Board of Appeals on appeal, may impose conditions or restrictions on the Solar Facility use as necessary to protect the environment and scenic views, and to lessen the impact of the facility on the health, safety, and general welfare of surrounding residentially-used properties and communities.

A Solar Facility proposed in a business or manufacturing zone is subject to the setback, height limitation, and landscaping buffer required in the R.C. zones.

A security bond must be filed with the County in the form and amount determined by the Administrative Officer. The bond may be used to ensure the repair of any unsafe or hazardous conditions or the removal of a Solar Facility.

All parties with a lease or ownership interest in a Solar Facility are responsible for the maintenance of the facility, including painting, structural repairs, and maintenance of the landscape buffers and vegetation. A facility that has reached the end of its useful life or has been abandoned is required to be removed. The owner or operator must physically remove the installation no more than 150 days after the date of discontinued operations and notify the County by certified mail of the proposed date of discontinued operations and plans for removal. If the owner or operator fails to remove the facility within 150 days of abandonment, the County retains the right to enter and remove the facility.

The Code Official enforces the provisions of the Article.

Bill 9-17 (cont’d) March 6, 2017

Finally, as part of the general criteria for granting a special exception related to the impact on the environment and natural resources of the site and vicinity including forests, streams, wetlands, aquifers, and floodplains in an R.C.2, R.C.4, R.C.5, or R.C.7 Zone, Bill 9-17 also includes the R.C.3, R.C.6, and R.C.8 zones when in consideration of a Solar Facility use.

With the affirmative vote of five members of the County Council, Bill 9‑17 will take effect on March 20, 2017 and apply retroactively to any zoning petition filed after October 18, 2016, except that the requirements of subparagraphs A.3, A.5, A.7, A.8, and A.13 shall apply retroactively to any zoning petition filed after July 1, 2016.

Keith Dorsey Fiscal Note March 6, 2017

FM-1 (2 Contracts) Council District(s) All_

Office of Budget and Finance

On-Call Moving Services

The Administration is requesting approval of two contracts, with Hampden Moving and Storage, Inc. and Walters Relocations, Inc., to provide on-call moving services for the County. The contracts commenced February 6, 2017, continue until March 31, 2017, and may not exceed $25,000 unless approved by the Council. If approved, the contracts will continue through February 5, 2018 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 contracts do not specify a maximum compensation for the initial 1-year term. Compensation for both contractors combined may not exceed $222,124 for the entire 5-year and 3-month term, including the renewal and extension periods.

Fiscal Summary

Funding Source	Combined Maximum Compensation		Notes
County ⁽¹⁾	$ 222,124		⁽¹⁾Capital Projects Fund and/or General Fund Operating Budget. ⁽²⁾Maximum compensation for both contractors combined for the entire 5-year and 3-month term, including the renewal and extension periods. The contracts do not specify a maximum compensation for the initial 1-year term.
State	—
Federal	—
Other	—
Total	$ 222,124	⁽²⁾

Analysis

The contractors will provide all labor, vehicles, and related equipment and materials required to move both commercial and residential items on an as-needed basis. The contractors primarily will move items for Baltimore County agencies’ offices. Items to be moved may include office

FM-1 (2 Contracts) (cont’d) March 6, 2017

furnishings such as filing cabinets, desks, and chairs. Services may require relocating items from one County building to another or to other offices within one location, disassembling and reassembling furniture, as well as moving miscellaneous furniture from vacated office space to the County’s surplus facility in Glen Arm. The County may also request the contractors to provide residential moving services due to a County program (e.g., Lead Safe Baltimore County) that involves moving families’ household belongings to new or temporary housing. The contracts stipulate no guarantee of any minimum amount of work.

The County will be billed at unit prices for specific moving equipment, storage charges, and packing materials provided. Labor will be billed at hourly rates ranging from $12 to $35, depending on the contractor, the worker’s skill level (i.e., supervisor, mover, installer), and time status (i.e., weekdays, evenings and Saturdays, or Sundays and holidays).

The contracts commenced February 6, 2017, continue until March 31, 2017, and may not exceed $25,000 unless approved by the Council. If approved, the contracts will continue through February 5, 2018 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 contracts do not specify a maximum compensation for the initial 1-year term. Compensation for both contractors combined may not exceed $222,124 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 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 agreements by providing 30 days prior written notice. Funding for the contracts will not be encumbered at this time. Rather, contract costs will be charged as project tasks are assigned.

The contracts were awarded through a competitive procurement process based on the lowest responsive and responsible bids from nine bids received.

On February 6, 2012, the Council approved two 5-year contracts for similar services with the same two contractors with combined compensation not to exceed $191,908. The Office advised that

FM-1 (2 Contracts) (cont’d) March 6, 2017

expenditures totaling $185,640 were made to Hampden Moving and Storage, Inc. ($74,142) and Walters Relocations, Inc. ($111,498).

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 March 6, 2017

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

Department of Public Works

Recycling of Electronics

The Administration is requesting approval of a contract with SourceAmerica to provide recycling services for electronics collected at the County’s three residential drop off centers – Central Acceptance Facility (Cockeysville), Western Acceptance Facility (Halethorpe), and the Eastern Sanitary Landfill (White Marsh). The contract commenced January 16, 2017, continues through April 16, 2017, and may not exceed $25,000 unless approved by the Council. If approved, the contract will continue through January 15, 2019. The contract does not specify a maximum compensation for the entire 2-year term. Compensation is limited to the amount appropriated for these services during the entire contract term. Estimated compensation for these services totals $273,000 for the entire 2-year term.

Fiscal Summary

Funding Source	Total Compensation		Notes
County ⁽¹⁾	$ 273,000		⁽¹⁾General Fund Operating Budget. ⁽²⁾Estimated compensation for the entire 2-year term. The contract does not specify a maximum compensation for the entire 2-year term. Compensation may not exceed the amount appropriated for these services.
State	—
Federal	—
Other	—
Total	$ 273,000	⁽²⁾

Analysis

The contractor will provide recycling services for electronic materials collected at the County’s three residential drop-off centers – Central Acceptance Facility, Western Acceptance Facility, and the Eastern Sanitary Landfill, including collection, transportation, freight, processing, marketing, disposal, and other recycling incidentals. The contractor will provide a specific number of

FM-2 (Contract) (cont’d) March 6, 2017

collection and large storage containers for the collection of all acceptable materials delivered to the recycling area, collect the materials, and dispose of all acceptable material placed in the containers. Containers will be picked up by the contractor a specified number of times per month depending on the County site. Acceptable materials will be weighed and recorded at the County’s residential drop-off centers prior to departure in accordance with specific procedures. The contractor may inspect and reject any non-acceptable material prior to departure from the collection site(s); however, the County is not responsible for payment of any non-acceptable material taken to the designated recycling site.

Acceptable materials for collection include most electronics items (e.g., central processing units, computer mouses, keyboards, landline or cell phones, answering machines, printers, laptops, hard drives, servers, scanners, copiers, fax machines, circuit boards, typewriters, calculators, various audio equipment, stereos, cameras, VCR/DVR/DVD and Blu-ray players, video game consoles and other electronic toys/games). Acceptable materials for collection exclude CRT and flat screen computer monitors and televisions. The Department of Public Works, Bureau of Solid Waste advised that these materials will be transferred to out-of-state landfills.

On June 1, 2016, the Northeast Maryland Waste Disposal Authority (the Authority) issued a Request for Proposals to procure electronic materials collection and recycling services on behalf of its eight member jurisdictions that collect and recycle electronics at their municipal drop-off locations (e.g., Anne Arundel, Baltimore, Carroll, Frederick, Harford, Howard, and Montgomery counties, and Baltimore City). Following review and evaluation, the Authority awarded Master Service Agreements to two contractors, Vintage Tech and CyclePoint (SourceAmerica); a third contractor (ECOvanta) was recommended as a reserve contractor. The Authority determined that CyclePoint (SourceAmerica) provided the most favorable cost proposal for pick-up services for Baltimore County, based on FY 2016 recyclables commodity information. Each member jurisdiction that elects to do so may enter into a contract to confirm its transaction with the selected contractor(s).

The proposed “Confirmation of Transaction” contract commenced January 16, 2017, continues through April 16, 2017, and may not exceed $25,000 unless approved by the Council. If approved, the contract will continue through January 15, 2019, the expiration date of the Master Service Agreement between the Authority and SourceAmerica. The contract does not specify a maximum compensation for the entire 2-year term. Compensation is limited to the amount appropriated for

FM-2 (Contract) (cont’d) March 6, 2017

these services during the entire contract term. Estimated compensation for these services totals $273,000 for the entire 2-year term. The County may terminate the agreement by providing 30 days prior written notice.

The County will pay $0.195 per pound for all acceptable materials for the first 60 days (January 16, 2017 through March 16, 2017). During that time, the contractor will evaluate the composition of the acceptable materials. The County will continue to be billed at the aforementioned pricing if it achieves, during the first 60 days, the following commodity breakdown per pound:

Computers, laptops, tablets: Greater than 5%;
CRT TVs and Monitors, Flat Screen TVs and Monitors: Less than 2%;
Copiers, printers, fax machines, all-in-ones, large peripherals, and other low-grade miscellaneous acceptable materials: Less than 50%; and
Remaining acceptable materials (e.g., servers, network equipment, satellite boxes, cable boxes, wire, AC adapters, cell phones, smartphones, UPS devices, gaming systems, circuit boards, higher grade A/V equipment, modems, routers, separate electric motors) are not required at specific amounts.

If these criteria are not met, the County will pay $0.235 per pound, with an additional rebate of $0.10 per pound for complete (unscavenged, working or non-working) desktop PC’s, laptops, servers, networking equipment and working LCD monitors. This pricing will be retroactive to the start day of recycling services through January 15, 2019, the remainder of the term. If the criteria are met, the County will continue to pay $0.195 per pound for all acceptable materials through the remainder of the term. The estimated compensation of $273,000 is based on the contractor collecting and recycling 700,000 pounds per year.

Previously, the Administration approved a 2-year revenue-generating contract with Sims Recycling Solutions, Inc. to provide electronic recycling services for the County. The Sims contract began on January 1, 2014 and expired December 31, 2016. The Department advised that Sims paid the County $0.02 per pound for acceptable material, and the County collected $19,421 under this contract; no County funds were expended under this contract. The Office of Budget and Finance, Purchasing Division advised that the electronics recycling contract is no longer revenue-generating because the after-market for the resulting materials is not as profitable as it once was, mostly due to the decline of metals market pricing over the past few years. The Purchasing Division advised that Sims made the business decision to close its facility.

FM-2 (Contract) (cont’d) March 6, 2017

On May 6, 2015, the Administration entered into a 5-year contract with A Better Way Computer Recycling, Inc. The contractor collects County agencies’ surplus computer equipment and peripherals, whereby the County receives $0.10 per pound for electronics, printers, peripherals, etc., less $0.10 per pound for CRT/monitors. The contract did not require Council approval since it is considered revenue-generating.

Steve Walsh Fiscal Note March 6, 2017

FM-3 (BAT 17-01C) (Appropriation Transfer) Council District(s) 2_

Department of Public Works

Bridge No. B-0202 – Gwynnbrook Avenue

The Administration is requesting approval of a budget appropriation transfer totaling $950,000 for the replacement of Bridge No. B-0202 located on Gwynnbrook Avenue over a tributary of the Gwynns Falls in Owings Mills.

Fiscal Summary

From	Project	Current Appropriation	Transfer Amount		Adjusted Appropriation
207.0002	Minor Bridge Repair	$ 54,629,608	($ 950,000)	⁽¹⁾	$ 53,679,608

To
207.0260	Bridge No. B-0202 – Gwynnbrook Avenue	$ 1,650,000	$ 950,000		$ 2,600,000
⁽¹⁾ Transfer consists of $350,000 in federal funds and $600,000 in General Obligation Bond funds.

Analysis

Source of Funds

The Department advised that funds are available from the Minor Bridge Repair Project since there is a balance of appropriated funds for this project that has not been assigned to specific jobs. The Department further advised that this project is used for emergency bridge replacement as well as maintenance, repair, and replacement of small bridges, and that this action will not impact the current bridge maintenance program.

Use of Funds

The Gwynnbrook Avenue Bridge is a 20-ft. wide concrete slab bridge built in 1920, and spans 22 feet over a tributary of the Gwynns Falls. The Department advised that the existing bridge is in

FM-3 (BAT 17-01C) (Appropriation Transfer) (cont’d) March 6, 2017

very poor condition, classified as structurally deficient, and in need of total replacement. Plans to replace the bridge began in the early 2000s. The construction phase was originally set to begin during FY 2006 with project estimates totaling $2.06 million ($1.65 million in federal and $410,000 in General Obligation Bond funds). Due to the postponement of construction caused by environmental concerns and right-of-way issues, the County diverted the $410,000 in County bond funds from the Gwynnbrook Avenue Bridge replacement project to other projects during subsequent budget cycles. The Department advised that all environmental issues have been satisfied and the right-of-way acquisition is anticipated to be completed early this spring.

The Department advised that construction costs are now estimated to total $2.6 million, of which 80% will be federally funded. The $950,000 transfer will replenish the $410,000 that was diverted to other projects and provide for an additional $540,000 to account for increased costs, as the $2.06 million original project estimate was developed over 10 years ago. The Department advised that construction for this project is expected to begin in July 2017 and take approximately 6 months to complete.

Amy Grossi Fiscal Note March 6, 2017

FM-4 (Contract) Council District(s)_3__

Department of Permits, Approvals and Inspections

MD 45 @ Timonium Fairgrounds

The Administration is requesting approval of a contract to sell approximately 0.09 acre of County right-of-way to the Maryland Department of Transportation, State Highway Administration (SHA) for $67,600. The property is located between the north and south entrances of the Timonium Fairgrounds, east of Maryland Route 45 (York Road). The sale will allow the SHA to make roadway improvements to York Road at the intersection near the entrances of the Fairgrounds. See Exhibit A.

Fiscal Summary

Sale

Price

Notes

$ 67,600

Revenue from the sale of property to the Maryland State Highway Administration.

Analysis

The approximate 0.09-acre property is part of a 1.219-acre parcel that is a designated County right-of-way and is zoned BM (Business Major) and MR (Manufacturing, Restricted). The SHA is purchasing the property as part of a larger project of roadway enhancements on York Road for improvements to the north and south entrances to the Timonium Fairgrounds. Upon completion of the sale, the property will continue to be used as a paved public service road for access to commercial and office uses, and the County will no longer be responsible for its maintenance.

Karen H. Belinko Appraisals, LLC, the SHA’s consultant appraiser, completed an appraisal of the property in June 2016, recommending a value of $67,600. After review and analysis, S. David Nantz, the County’s review appraiser, concurred with the appraisal.

FM-4 (Contract) (cont’d) March 6, 2017

County Code, Section 3-9-108, provides that the County may convey easement rights to a governmental entity. The County may convey the property upon Council approval.

Amy Grossi Fiscal Note March 6, 2017

FM-5 (Contract) Council District(s) 4

Department of Permits, Approvals and Inspections

Easement – 3118 North Rolling Road

The Administration is requesting approval of a contract to acquire property totaling approximately 0.042 acre for $60,000 to be used for the widening of Rolling Road in Windsor Mill. Angel Razuri currently owns the property, which is located at 3118 North Rolling Road. The property is zoned DR-5.5 (Density Residential – 5.5 dwelling units/acre) and will be used for highway widening and temporary construction easement areas. See Exhibit A.

Fiscal Summary

Funding Source	Purchase Price	Notes
County ⁽¹⁾	$ 60,000	⁽¹⁾Capital Projects Fund.
State	—
Federal	—
Other	—
Total	$ 60,000

Analysis

Robert W. Kline, staff appraiser, completed an appraisal of the property in October 2014, recommending a value of $26,837. 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 rejected the County’s offer of $26,837, and upon further negotiations, the amount of $60,000 was deemed acceptable to the County.

FM-5 (Contract) (cont’d) March 6, 2017

The 0.042-acre property to be acquired is part of a 0.103-acre parcel that is residentially improved with a detached, 1½-story wood frame dwelling. The Department advised that the purchase price of $60,000 includes negotiated consideration to compensate for the negative impact on the enjoyment and value of the property due to the increased proximity to traffic and $300 to compensate for the loss of landscaping and a portion of the driveway.

The Department advised that 129 acquisitions are needed for this project, 83 of which require Council approval. As of February 21, 2017, the Council has approved 41 property acquisitions and 2 condemnations for this project. The Department also advised that a total of 60 properties still need to be acquired for this project, of which 39 will require Council approval, not including this acquisition. The Department advised that this acquisition is the final one needed for Phase I of the project.

The widening of Rolling Road consists of two phases: Phase I is from Orchard Avenue to Windsor Mill Road; Phase II is from Orchard Avenue to Liberty Road and Windsor Boulevard to the south side of Windsor Mill Road. Estimated project costs total $13 million, including $10 million for construction ($5 million each for Phases I and II). As of February 17, 2017, $3,945,844 has been expended/encumbered for this project, excluding the cost of this acquisition. The Department advised that an anticipated construction date is not currently available.

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

Amy Grossi Fiscal Note March 6, 2017

MB-1 (Res. 20-17) Donation Council District _5_

Mr. Quirk (By Req.)

Department of Permits, Approvals and Inspections

Accept Donation from C.M. and J.L. Radebaugh Co., LLC

This resolution authorizes the County to accept a donation of approximately 0.172 acre of property located at 11 Maryland Avenue in Towson from C.M. and J.L. Radebaugh Co., LLC. The donated property will provide access to the newly acquired Radebaugh Neighborhood Park. The fair market value of the property is estimated at $300,000. On December 19, 2016, the Council approved the purchase of approximately 2.36 acres of property (the Radebaugh Property) for $1,100,000 for passive recreational open space that will be accessible to the public. See Exhibit A.

The 0.172-acre parcel is improved with a single family residential structure and paving. The Department advised that the County will incur costs to demolish the existing structure; the estimated demolition costs are not available at this time. In addition, the County’s annual real property tax revenue will be reduced by approximately $2,704 based on the current property tax bill.

County Charter, Section 306, vests in the County Council the power to accept gifts.

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

Tags: Agenda, Baltimore County, Baltimore County Council, Council Meeting, county council, CZMP, district 3, Legislation, Maryland, Pending Legislation, Public Meeting, Timonium, Towson, wade kach, Zoning

Wade Kach

BALTIMORE COUNTY COUNCIL

OFFICE OF THE COUNTY AUDITOR

PAGE

LEGISLATIVE SESSION

BILLS – FINAL READING

FISCAL MATTERS

MISCELLANEOUS BUSINESS

Mr. Quirk (By Req.)

Fire Department

The Fire Prevention Code of Baltimore County

Mr. Quirk (By Req.)

Department of Economic and Workforce Development

HCCT and Central Office

Fiscal Summary

HCCT

Central Office

Total

Analysis

Mr. Quirk (By Req.)

Department of Aging

Hospital to Home

Fiscal Summary

Funding

County

State

Federal (1)

Other

Total

Analysis

Mr. Quirk (By Req.)

Office of Communications

Summer Program and Community Arts Development

Fiscal Summary

Funding Source

Supplemental Appropriation

Current Appropriation

Total Appropriation

County

State (1)

Federal

Other

Total

Analysis

Mr. Quirk (By Req.)

Office of Budget and Finance

Taxation – Transient Occupancy Tax

Councilmembers Crandell, Almond, Marks & Bevins

Building Permits – Rat Eradication

Councilmembers Kach, Almond, Marks & Jones

Solar Facilities

FM-1 (2 Contracts) Council District(s) All_

Office of Budget and Finance

Fiscal Summary

Analysis

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

Fiscal Summary

Notes

Analysis

FM-2 (Contract) (cont’d) March 6, 2017

FM-2 (Contract) (cont’d) March 6, 2017

FM-2 (Contract) (cont’d) March 6, 2017

FM-3 (BAT 17-01C) (Appropriation Transfer) Council District(s) 2_

Department of Public Works

Fiscal Summary

From

Project

Adjusted

Analysis

FM-3 (BAT 17-01C) (Appropriation Transfer) (cont’d) March 6, 2017

Department of Permits, Approvals and Inspections

MD 45 @ Timonium Fairgrounds

Fiscal Summary

Notes

Analysis

FM-5 (Contract) Council District(s) __4__

Department of Permits, Approvals and Inspections

Fiscal Summary

Funding Source

Purchase Price

Federal ⁽¹⁾

State ⁽¹⁾

FM-5 (Contract) Council District(s) 4

County ⁽¹⁾