Baltimore County Council Agenda – WS February 9, 2016 | LS February 16, 2016

BALTIMORE COUNTY COUNCIL

NOTES TO THE AGENDA

LEGISLATIVE SESSION 2016

 

Issued:      February 4, 2016

Work Session:      February 9, 2016

Legislative Day No.  4 :   February 16, 2016

 

The accompanying notes are

compiled from unaudited

information provided by

the Administration and

other sources.

 

                                                                                                                                                  OFFICE OF THE COUNTY AUDITOR

BALTIMORE COUNTY COUNCIL

February 16, 2016

NOTES TO THE AGENDA

 

TABLE OF CONTENTS

PAGE

LEGISLATIVE SESSION

 

Witnesses…………………………………………………………………. ii

 

 

BILLS – FINAL READING

 

Bill 3-16………………………………………………………………………. 1

 

 

FISCAL MATTERS

 

FM-1……………………………………………………………………………. 2

FM-2……………………………………………………………………………. 5

FM-3……………………………………………………………………………. 7

FM-4…………………………………………………………………………. 10

FM-5…………………………………………………………………………. 14

 

 

MISCELLANEOUS BUSINESS

 

MB-2 (Res. 20-16)……………………………………………………. 18

 

 

APPENDIX

 

Correspondence (1) (a)…………………………………………….. 20

i

BALTIMORE COUNTY COUNCIL AGENDA

LEGISLATIVE SESSION 2016,   LEGISLATIVE DAY NO. 4

FEBRUARY 16, 2016           6:00 P.M.

 

CEB = CURRENT EXPENSE BUDGET

BY REQ. = AT REQUEST OF COUNTY EXECUTIVE

 

 

Page

 

CALL OF BILLS FOR FINAL READING AND VOTE

 

            COUNCIL

1        Bill 3-16 – Mr. Marks – C.T. District of Towson

 

 

APPROVAL OF FISCAL MATTERS/CONTRACTS

 

            KEITH DORSEY, DIRECTOR, OFFICE OF BUDGET AND FINANCE

2        1. Contract – Gipe Associates, Inc. – On-call professional mechanical & electrical engineering services – OBF

 

            EDWARD ADAMS, DIRECTOR, DEPARTMENT OF PUBLIC WORKS

5        2. Contract – Stearns, Conrad and Schmidt Consulting Engineers, Inc./SCS Engineers – Well drilling services – PW

 

            DAVID V. LYKENS, DEPARTMENT OF ENVIRONMENTAL PROTECTION AND SUSTAINABILITY

7        3. Contract – AKRF, Inc. – Landscape-scale spatial analyses – Prettyboy Reservoir Watershed – EPS

 

            AMY HICKS GROSSI, REAL ESTATE COMPLIANCE

10         4. Contract of Sale – James and Linda Werkheiser – Sale of County-owned property -Riderwood – REC

14         5. Contract of Sale – Caves Valley Partners Acquisitions, LLC – Sale of County-owned property -Susquehanna Ave. – REC

 

 

MISCELLANEOUS BUSINESS

 

            COUNCIL

20         1. Correspondence – (a)(1) – Non-Competitive Awards (January 8, 2016)

18         2. Res. 20-16 – Mr. Marks – Accept gift from Perry Hall Recreation & Parks Council – Angel Park

  1. Res. 21-16 – Mr. Kach – Property Tax Exemption – BLIND – Joseph E. Ackerman, Sr.
  2. Res. 22-16 – Mr. Crandell – Property Tax Exemption – DAV – Michael F. Walters
  3. Res. 23-16 – Mr. Jones – Property Tax Exemption – DAV – Dwain Jackson
  4. Reappointments – (3) – Mrs. Almond(By Req.) – Baltimore County Design Review Panel
  5. Appointments – (3) – Mrs. Almond(By Req.) – Baltimore County Design Review Panel

 

ii

Council                                                        Fiscal Note                                        February 16, 2016

 

 

Bill 3-16                                                                                                               Council District(s) _5_

 

 

Mr. Marks

 

 

C.T. District of Towson

 

 

Bill 3-16 eases some setback and other requirements for certain buildings in the C.T. (Commercial, Town Center Core) District of Towson.

 

Specifically, a building situated on a lot in the C.T. District of Towson with frontage on the York Road circle is treated differently as follows:

$          No front, side, or rear yard setback is required;

$          The maximum permitted building height is 1.75 times the maximum average height otherwise permitted (rather than 1.5 times);

$          The maximum permitted floor area ratio is 6.5 (rather than 5.5);

$          Accessory off-street parking is not counted in determining floor area ratio; and

$          The minimum distance between the centers of facing windows of different apartments on the same lot is 10 feet (rather than 50 feet).

 

With the affirmative vote of five members of the County Council and signature by the County Executive, Bill 3-16 will take effect on February 29, 2016.

 

 

Keith Dorsey                                               Fiscal Note                                        February 16, 2016

 

 

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

 

 

Office of Budget and Finance

 

On-Call Professional Mechanical and Electrical Engineering Services

 

 

The Administration is requesting approval of a contract with Gipe Associates, Inc. to provide on-call professional 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 professional mechanical and electrical engineering services, including consultant reports, feasibility studies, sketches, schematic design, design development, construction documents, cost estimates, construction administration, and other assistance on various projects for County buildings. The Office advised that there are no projects planned at this time.

 

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-1 (Contract) (cont’d)                                                                                            February 16, 2016

 

 

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 December 5, 2014, the Professional Services Selection Committee (PSSC) selected the contractor from 26 submittals, of which 5 were disqualified.

 

On December 7, 2015, the Council approved a similar 4-year contract not to exceed $750,000 with Burdette, Koehler, Murphy & Associates, Inc. As of January 28, 2016, there have not been any funds expended/encumbered under this contract.

 

On February 1, 2010, the Council approved a similar 4-year contract not to exceed $750,000 with Spears/Votta & Associates, Inc. On January 8, 2014, the Administrative Officer approved an addendum to the contract to extend the term through January 31, 2016. As of January 28, 2016, expenditures/encumbrances under the contract totaled $696,812.

 

County Charter, Section 715, requires that “any contract must be approved by the County Council before it is executed if the contract is…for services for a term in excess of two years or involving the expenditure of more than $25,000 per year….”

 

 

 

 

 

 

Ed Adams                                                   Fiscal Note                                        February 16, 2016

 

 

FM-2 (Contract)                                                                                                  Council District(s) 6_

 

 

Department of Public Works

 

Well Drilling Services

 

 

The Administration is requesting approval of a contract with Stearns, Conrad and Schmidt Consulting Engineers, Inc. d/b/a SCS Engineers to drill 2 groundwater monitoring wells and develop up to 14 monitoring wells at the Eastern Sanitary Landfill (ESL) to comply with Maryland Department of the Environment (MDE) requirements. The contract commenced December 11, 2015, continues through February 16, 2016, and may not exceed $25,000 unless approved by the Council. If approved, the contract will continue through June 30, 2016, with the option to further extend the term an additional 60 days. Compensation may not exceed $50,193 for the entire approximate 8½-month term, including the extension period.

 

                                                                      Fiscal Summary

 

Funding Source

Maximum Compensation

Notes

County (1)

  $             50,193   (1)  Capital Projects Fund.

(2) Maximum compensation for the entire approximate 8½-month term, including the extension period.

 

State

   

Federal

   

Other

   

Total

  $             50,193 (2)

 

Analysis

 

The contractor will provide all labor, materials, supplies, and equipment necessary to drill 2 groundwater monitoring wells and develop up to 14 monitoring wells at the ESL to comply with MDE requirements. The contractor will perform the work between the hours of 7 a.m. and 5 p.m., Monday through Friday.

 

The contract commenced December 11, 2015, continues through February 16, 2016, and may not exceed $25,000 unless approved by the Council. If approved, the contract will continue

FM-2 (Contract) (cont’d)                                                                                            February 16, 2016

 

 

through June 30, 2016, with the option to further extend the term an additional 60 days on the same terms and conditions. Compensation may not exceed $50,193 for the entire approximate 8½-month term, including the extension period. The County may terminate the agreement by providing 30 days prior written notice.

 

The Department advised that MDE mandated that the two groundwater monitoring wells must be drilled by December 31, 2015. The wells were completed on January 2, 2016. The Department also advised that MDE was notified of the delay in drilling the wells, and the County does not expect to incur any penalties. The Department advised that as of January 29, 2016, expenditures under this contract totaled approximately $22,000.

 

The contract was awarded through a competitive procurement process based on low bid from two bids received. The Northeast Maryland Waste Disposal Authority (NMWDA) facilitated the solicitation.

 

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….”

 

 

 

 

 

 

David Lykens                                             Fiscal Note                                       February 16, 2016

 

 

FM-3 (Contract)                                                                                             Council District(s) __3__

 

 

Department of Environmental Protection and Sustainability

 

Landscape-Scale Spatial Analyses – Prettyboy Reservoir Watershed

 

 

The Administration is requesting approval of a contract with AKRF, Inc. to provide research and analysis of the Prettyboy Reservoir Watershed in support of the Prettyboy Resource Collaborative (PRC) project. The contract commences upon Council approval, continues for 1-year, and may be extended for an additional 90 days. Compensation may not exceed $73,357 for the entire 1-year and 3-month term, including the extension period. See Exhibit A.

 

                                                                      Fiscal Summary

 

Funding

Source

Maximum Compensation  

Notes

County

                         —   (1) Harry R. Hughes Center for Agro-Ecology, Inc. (an affiliate of the University of Maryland) funds.

(2) Maximum compensation for the entire 1-year and 3-month term, including the extension period.

State

   

Federal

   

Other (1)

  $             73,357  

Total

  $             73,357 (2)

 

Analysis

 

The PRC project is an effort originated by the Department to increase and incentivize stewardship among the landowners within the approximate 50,000-acre multi-jurisdictional Prettyboy Reservoir Watershed to sustainably manage watershed resources. The PRC is guided by a Steering Committee comprised of representatives from government, business, and citizen organizations. Landowner action is expected to result in improved water quality, healthier forests, enhanced habitats, and sustainable agricultural practices. Certain landowner actions can be credited toward compliance with water quality obligations for the Prettyboy watershed and the Chesapeake Bay.

 

FM-3 (Contract) (cont’d)                                                                                            February 16, 2016

 

 

The contractor will provide analyses and reports to the County in support of the PRC project, including the characterization of the resource management potential in the Prettyboy watershed, an evaluation of the potential for aggregation of properties in the watershed for eco-smart projects, and an estimation of the range of revenues that might be derived from landowner projects. The research project will provide analyses and GIS mapping that will be used by partner organizations to develop and implement ecosystem-serving projects for landowners in the Prettyboy watershed with the goal of helping the County and the other local governments in the watershed area to protect the Prettyboy Reservoir. In addition, the research project will develop an approach to be considered elsewhere in Maryland for increasing landowner stewardship of forest and agricultural resources in small watersheds.

 

The contract commences upon Council approval, continues for 1-year, and may be extended for an additional 90 days on the same terms and conditions, unless the County provides notice of non-renewal. Compensation may not exceed $73,357 for the entire 1-year and 3-month term, including the extension period.   The County may terminate the agreement by providing 30 days prior written notice.

 

The contract was awarded through a competitive procurement process based on qualifications and experience from two bids received, of which one submittal was disqualified.

 

On March 2, 2015, the Council approved a supplemental appropriation of grant funds totaling $73,500 to fund 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….”

 

 

 

 

 

 

 

Amy Grossi                                                 Fiscal Note                                        February 16, 2016

 

 

FM-4 (Contract of Sale)                                                                                    Council District(s) 3_

Department of Permits, Approvals and Inspections

 

Sale of County-owned Property – Riderwood

 

 

The Administration is requesting approval of a contract to sell a 0.088-acre parcel of surplus County property located on the east side of Greenspring Drive near the Talbott Avenue intersection in the Lutherville/Timonium area to James and Linda Werkheiser, Trustees (the petitioners) to remedy an encroachment of the petitioners’ deck and garage addition on County property. In exchange for the County property, the petitioners will convey to the County a 0.040-acre parcel of their property located adjacent to the County’s property on Greenspring Drive to be used for a stream bed restoration project and will pay the County $14,053 for the value of the additional acreage being released. See Exhibits A and B.

 

                                                                      Fiscal Summary

 

Value of

Petitioners’

Property Prior to Exchange

  Value of Petitioners’

Property After Exchange

  Notes
$160,000 (1)   $174,053 (1)   (1) Appraised value of land only. The petitioners will pay the County $14,053 for the difference in value.

 

Analysis

 

The petitioners requested to purchase a 0.088-acre portion of a County-owned parcel in order to remedy an encroachment of a deck and a garage addition on County property. In exchange, the County will acquire a 0.040-acre portion of the petitioner-owned adjacent parcel to use as part of a stream bed restoration project. The petitioners will compensate the County $14,053 for the value of the additional acreage being released.

 

On October 15, 2015, S. David Nantz, senior review appraiser for the County, completed an appraisal to determine the value of the land difference in the exchange. Mr. Nantz determined

FM-4 (Contract of Sale) (cont’d)                                                                              February 16, 2016

 

 

that prior to the exchange, the petitioners’ property totaled approximately 0.545 acre with a value of $160,000 and after the exchange the property would increase to approximately 0.593 acre with a value of $174,053. Accordingly, Mr. Nantz recommended a value of $14,053 for the additional 0.048 acre.

 

The petitioners own the current 0.545-acre property, which is located at 1801 Greenspring Drive in the Lutherville/Timonium area. The property is improved with a detached 2-story, colonial style dwelling. Portions of the property are located within the 100-year Riderwood floodplain. The parcels to be exchanged are unimproved (aside from the encroachment) and zoned DR 5.5 and DR 1, respectively.

 

Pursuant to Baltimore County Code, Section 3-9-104(d)(2), the County may sell surplus property by an offer to the adjacent owner.

 

County Code, Section 3-9-103, states that after the 14-day notification period of the proposed exchange has elapsed, an exchange not selected by the Council for a vote shall be publicized. A notice of the proposed disposition of property shall be published at the purchaser’s expense once per week for 3 weeks in one or more newspapers of general circulation. The Department advised that the property owner requested the item be placed on a legislative agenda rather than be published due to the cost. Therefore, the Department advised that the contract is being presented for Council approval pursuant to Section 3-9-109(a)(1) of the Baltimore County Code which allows for an exemption of publication for an exchange of real property in which the value of the property to be conveyed by the County is not more than $25,000 and is expressly approved by the County Council. Accordingly, the Council’s approval waives the publication requirement.

 

 

 

 

 

Amy Grossi                                                 Fiscal Note                                        February 16, 2016

 

 

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

 

 

Department of Permits, Approvals and Inspections

 

Sale of County-owned Property – Susquehanna Ave

 

 

The Administration is requesting approval of a contract to sell approximately 0.389 acre of surplus County property known as the Susquehanna Avenue cul-de-sac located at the eastern terminus of Susquehanna Avenue just west of York Road in Towson to Caves Valley Partners Acquisitions, LLC for $550,000. This sale will return County property no longer needed for public use to the tax rolls and relieve the County of related maintenance costs. See Exhibit A and B.

 

                                                                      Fiscal Summary

 

Sale Price  

Notes

$     550,000   Revenue from sale of property to Caves Valley Partners Acquisitions, LLC.

 

 

Analysis

The property is zoned BM-CT (Business Major-Commercial, Town Center Core District). The property consists of the roadbed and sidewalks at the terminus of Susquehanna Avenue (0.336 acre) and a narrow strip of land along the northern side of Towsontown Boulevard terminating at York Road (0.053 acre). The terminus portion of Susquehanna Ave was closed pursuant to a road closing order on July 15, 2015. The property will be encumbered by perpetual utility easements.

 

Two appraisals of the property were completed in July 2015 – one by Everett, Benfield LLC in the amount of $1,525,000, and the other by Page Appraisal Company, Inc. in the amount of $1,100,000. However, when the appraisers were asked to consider the fact that the property would be encumbered by perpetual utility easements, the appraisals were lowered by 50% to $762,500 and $550,000, respectively. After review and analysis, Robert W. Kline, review appraiser, concurred with the appraisal performed by Page Appraisal Company, Inc., recommending $550,000 as the fair market value of the property. Mr. Kline noted that the Everett,

FM-5 (Contract of Sale) (cont’d)                                                                              February 16, 2016

 

 

Benfield LLC appraisal was not utilized because it did not sufficiently adjust the comparable sales, two of which were 7 years old, leading to an over-valuation of the property.

 

On April 20, 2015, the Council approved the sale of an adjacent 0.625-acre parcel of surplus County property to Caves Valley Partners Acquisitions, LLC for $820,000. Caves Valley Partners Acquisitions, LLC plans to utilize both properties as part of the development project known as Towson Row. Additionally, on December 16, 2013 the Council approved a 20-year ground lease with Towson Row RP, LLC for the 0.395-acre parcel located at 301 Washington Avenue, which contained the office building previously used by the Department of Recreation and Parks, for $85,750 per year for the first 5 years (less all documented costs to demolish the building and remediate the building or property). This ground lease includes an option for the tenant to purchase the property, and the Department advised that it anticipates requesting Council approval of a contract of sale for this property, which will also be used for the development of Towson Row, in the near future.

 

County Code, Section 3-9-106 provides for the sale of surplus County property that is not eligible for a building permit to an adjacent property owner. The County may convey the property upon Council approval.

 

 

 

 

 

 

 

 

Council                                                        Fiscal Note                                        February 16, 2016

 

 

MB-2 (Res. 20-16)                                                                                             Council District(s) _5_

 

 

Mr. Marks

 

 

Accept Gift from Perry Hall Recreation & Parks Council – Angel Park

 

 

Resolution 20-16 authorizes the County to accept a gift of a playground and amphitheater facility on the grounds of Angel Park from the Perry Hall Recreation & Parks Council (the “Council”).

 

The County owns 2.375 acres on Honeygo Boulevard which it will lease to the Council, and the Council will build an all-inclusive playground and amphitheater facility on the property.

 

The construction and design of the playground are subject to County approval. The Council will pay all costs of construction, but the County will award a $250,000 grant to the Council to cover some costs. The $250,000 grant was presented to Council on January 28, 2016 through the 14-day grant notification process.

 

After construction is complete, the Council will donate the playground and amphitheater facility, to be known as Angel Park, to the County.

 

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

 

Resolution 20-16 will take effect from the date of its passage by the County Council.

 

 

 

 

 

 

 

 

 

 

BALTIMORE COUNTY COUNCIL

NOTES TO THE AGENDA

APPENDIX A