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