Baltimore County Council Agenda – WS January 30, 2018 | LS February 5, 2018

BALTIMORE COUNTY COUNCIL

NOTES TO THE AGENDA

LEGISLATIVE SESSION 2018

 

Issued:        January 25, 2018

Work Session:       January 30, 2018

Legislative Day No.   3  :     February 5, 2018

 

 

 

The accompanying notes are

compiled from unaudited

information provided by

the Administration and

other sources.

                                                                                                                                                                OFFICE OF THE COUNTY AUDITOR

 

BALTIMORE COUNTY COUNCIL

February 5, 2018

NOTES TO THE AGENDA

 

TABLE OF CONTENTS

 

PAGE

LEGISLATIVE SESSION

 

Witnesses………………………………………………………………… ii

 

BILLS – FINAL READING

 

NONE

 

FISCAL MATTERS

 

FM-1…………………………………………………………………………. 1

FM-2…………………………………………………………………………. 4

FM-3…………………………………………………………………………. 6

FM-4…………………………………………………………………………. 9

FM-5……………………………………………………………………….. 11

FM-6……………………………………………………………………….. 14

 

MISCELLANEOUS BUSINESS

 

MB-2 (Res. 5-18)…………………………………………………….. 17

MB-3 (Res.13-18)……………………………………………………. 18

 

 

APPENDIX

 

Correspondence (1) (a)……………………………………………. 26

Correspondence (1) (b)……………………………………………. 27

 

i

 

BALTIMORE COUNTY COUNCIL AGENDA

LEGISLATIVE SESSION 2018,  LEGISLATIVE DAY NO.  3

FEBRUARY 5, 2018     6:00 P.M.

 

CEB = CURRENT EXPENSE BUDGET

BY REQ. = AT REQUEST OF COUNTY  EXECUTIVE

 

Page

 

CALL OF BILLS FOR FINAL READING AND VOTE

 

NONE

 

 

APPROVAL OF FISCAL MATTERS/CONTRACTS

 

MIKE FIELD, COUNTY ATTORNEY, OFFICE OF LAW

1             1.  Agreement – Robbins Gellar Rudman & Dowd, LLP – National Prescription Opiate Litigation-LAW

 

STEVE WALSH, DIRECTOR, DEPARTMENT OF PUBLIC WORKS

4             2.  Contract – Pollock Research and Design, Inc.-Maintenance, inspection & repair-Overhead crane/hoist

systems-DPW

6             3.  Contract – Duke’s Root Control, Inc. – Treatment of sewer lines to control root growth-DPW

 

KEITH DORSEY, DIRECTOR, OFFICE OF BUDGET AND FINANCE

9             4.  Contract – United Elevator Company, LLC – Maintenance, repair & installation-chairlifts/dumbwaiters-OBF

11             5.  Amendment to Contract – Manns Woodward Studios, Inc.-On-call architectural services – OBF

14             6.  Contracts – (4) – Court reporting services – OBF

 

 

 

MISCELLANEOUS BUSINESS

 

COUNCIL

26             1.  Correspondence – (a)(1) – Non-Competitive Awards (December 22, 2017)

27                                              (b)(1) – Non-Competitive Awards (January 2, 2018)

 

 

STEVE WALSH, DIRECTOR, DEPARTMENT OF PUBLIC WORKS

17             2.  Res. 5-18 – Mr. Quirk(By Req.) – Adoption of the 2017 Triennial Review of the Baltimore County Water

Supply & Sewerage Plan

 

 

WALLY LIPPINCOTT, DEPARTMENT OF PLANNING

18             3.  Res. 13-18 – Mr. Jones(By Req.) – Approval of contributions of purchase of (11) Agricultural Easements –

Maryland Agricultural Land Preservation Foundation

 

COUNCIL

  1. Res. 15-18 – Mr. Marks – Property Tax Exemption – DAV – Frank R. Kesselring
  2. Res. 16-18 – Mrs. Bevins – Property Tax Exemption – BLIND – Antoinette Sekou
  3. Res. 17-18 – Mr. Crandell – Property Tax Exemption – DAV – Vonda M. Sykes

 

ii

 

Mike Field                                                    Fiscal Note                                          February 5, 2018

 

 

FM-1 (Agreement)                                                                                         Council District(s)   All_

 

 

Office of Law

 

National Prescription Opiate Litigation

 

 

The Administration is requesting approval of a retainer agreement with Robbins Geller Rudman & Dowd LLP and Silverman, Thompson, Slutkin & White, LLC to represent the County in a federal lawsuit known as the “National Prescription Opiate Litigation” against pharmaceutical manufacturers and distributors of opioids.  The retainer agreement is effective upon Council approval and continues until resolution of the case.  The litigation counsel will advance all fees and expenses necessary to prosecute the case; costs and expenses will be paid only out of a recovery (judgment or settlement).  Legal fees are limited to 25% of any recovery net of costs and expenses.  See Exhibit A.

 

                                                                      Fiscal Summary

 

This agreement has no fiscal impact to the County unless a favorable judgment or settlement is rendered on behalf of the County.  The litigation counsel will advance all fees and expenses necessary to prosecute the case; costs and expenses will be paid only out of a recovery.  Legal fees are limited to 25% of any recovery net of costs and expenses.  The Office advised that the total recovery amount and fees are not estimable at this time.

 

 

Analysis

 

The litigation counsel will represent the County in the National Prescription Opiate Litigation to be tried in the Federal Court in the Northern District of Ohio (Cleveland).  The litigation counsel will pursue recovery “for the harm incurred as a result of the alleged deceptive and fraudulent marketing practices of several pharmaceutical manufacturers and the alleged failure to report suspicious purchases by certain wholesalers.”  The Administration advised that the County has experienced a significant increase in overdoses from heroin and prescription drug abuse and has

FM-1 (Agreement) (cont’d)                                                                                         February 5, 2018

 

 

incurred expenses related to first-responder intervention, drug and alcohol counseling programs, employee prescriptions, and a loss of economic revenue.

 

The retainer agreement commences upon Council approval and continues until resolution of the case.  The litigation counsel will advance all fees and expenses necessary to prosecute the case; costs and expenses will be paid only out of a recovery.  Legal fees are limited to 25% of any recovery net of costs and expenses.  Should the litigation counsel negotiate a more favorable contingent fee percentage with any other political subdivision, counsel will make those terms available to the County.

 

The County awarded the agreement on a non-competitive basis.  The Office advised that the litigation counsel were selected from among five sets of national and local firms based on one-hour interviews with the County Executive, County Attorney, and Deputy County Attorney as well as written proposals from each firm.  The Office further advised that Robbins Geller Rudman & Dowd LLP is also representing Montgomery County, Maryland and political subdivisions in Florida and Michigan in the National Prescription Opiate Litigation.

 

The Office advised that this type of mass tort litigation lies outside the practice areas, expertise, and workload capacity of the Office of Law.

 

County Charter, Section 510 states “nothing in this article shall be construed as preventing the county executive, with the approval of the county council, from engaging the services for a temporary period of any attorney or attorneys for legal work of an extraordinary nature when the work to be done is of such character or magnitude as to require legal services in addition to those provided by the regular staff of the Office of Law.”

 

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                                          February 5, 2018

 

 

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

 

 

Department of Public Works

 

Maintenance, Inspection & Repair – Overhead Crane/Hoist Systems

 

 

The Administration is requesting approval of a contract with Pollock Research and Design, Inc., d/b/a Reading Crane & Engineering Company to provide annual maintenance, inspection, and repair services for overhead crane and hoist systems and related equipment located at County-owned facilities (e.g., pumping stations, fire stations, and Glen Arm facility).  The contract commenced December 1, 2017, continues through March 31, 2018, and may not exceed $25,000 unless approved by the Council. If approved, the contract will continue through November 30, 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 120 days.  The contract does not specify a maximum compensation for the initial 1-year term.  Compensation may not exceed $180,000 for the entire 5-year and 4-month term, including the renewal and extension periods.

 

                                                                      Fiscal Summary

 

Funding Source

Maximum Compensation
 

Notes

County (1)

  $          180,000   (1)  General Fund Operating Budget or Metropolitan District Operating Budget, depending on the nature of the work.

(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 1-year term.

 

State

 

Federal

 

Other

 

Total

  $          180,000 (2)

 

 

Analysis

 

The contractor will provide all labor, materials, tools, equipment, and supervision necessary for annual maintenance, inspection, and repair services of various manufacturers’ overhead crane and  hoist  systems  and  related  equipment  located  at  County-owned  facilities  (e.g., pumping

FM-2 (Contract) (cont’d)                                                                                             February 5, 2018

 

 

stations, fire stations, and Glen Arm facility).   Hourly rates are $70 for repair services performed during normal business hours (Monday through Friday, 5:30 a.m. through 3:30 p.m.) and $105 for repair services performed outside of normal business hours. Mobilization for repair services is $120.  Annual maintenance and inspection services for cranes and hoists range from $87 to $346 depending on the manufacturer and model. The markup for parts and materials is 10%.

 

The contract commenced December 1, 2017, continues through March 31, 2018, and may not exceed $25,000 unless approved by the Council. If approved, the contract will continue through November 30, 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 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 1-year term.  Compensation may not exceed $180,000 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; Pollock Research and Design, Inc. was the only bidder.

 

The Department of Public Works, Bureau of Utilities and the Office of Budget and Finance, Property Management Division are expected to utilize this new on-call contract for the County.  The Department advised that annual maintenance and inspection services for overhead cranes in the Glen Arm facility totaling $3,119 are expected prior to Council approval.

 

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                                          February 5, 2018

 

 

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

 

 

Department of Public Works

 

Treatment of Sewer Lines to Control Root Growth

 

 

The Administration is requesting approval of a contract with Duke’s Root Control, Inc. to provide chemical root control treatment services for sanitary sewer lines on an as-needed basis.  The contract commences upon Council approval, continues for 1 year, 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 120 days. The contract does not specify a maximum compensation for the initial 1-year term. Compensation may not exceed $1,329,412 for the entire 5-year and 4-month term, including the renewal and extension periods.

 

Fiscal Summary

 

Funding Source Maximum Compensation Notes
County (1) $         1,329,412 (1) Metropolitan District Operating 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 1-year term.

State
Federal
Other
Total $         1,329,412 (2)

 

Analysis

 

The contractor will provide all labor, materials, tools, fuel, equipment, and supervision required for root control treatment of sanitary sewer lines (6 to 22+ inches in diameter), as needed.  The contractor will apply a chemical root control agent to sewer lines to kill the root growth and to inhibit re-growth without permanently damaging the vegetation producing the roots, or affecting the sewage treatment equipment and processes in the Baltimore Metropolitan sewer system, including all sewage treatment facilities.   Unit prices range from  $1.72 to $6.45  per linear foot of

FM-3 (Contract) (cont’d)                                                                                             February 5, 2018

 

 

chemically treated sewer line depending on the pipe diameter. Unit prices for traffic control range from $2.00 to $200 depending on equipment (e.g., traffic cones, signs). The hourly flagger rate is $60.  Normal work hours will be between 7:00 a.m. and 5:00 p.m., Monday through Friday.

 

The Department advised that the proposed contract is required due to the volume of root control work needed to comply with the County’s 2005 consent decree with the U.S. Department of Justice, the U.S. Environmental Protection Agency, and the Maryland Department of the Environment for the elimination of sanitary sewer overflows.

 

The contract commences upon Council approval, continues for 1 year, 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 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 1-year term. Compensation may not exceed $1,329,412 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 contractor is required to guarantee the work for 6 months against re-growth of live tree roots and for 2 years against stoppages and flooding caused by live tree roots.  Specifically, at the option of the County, the contractor shall, at its own expense, re-treat a sewer section or refund 100% of the payment received to treat that section under the guarantee.  The contractor is also required to provide a 3-year guarantee on any paid repeat applications that are performed within 6 months of the expiration date of the previous guarantee period.  The Department advised that its personnel from the Bureau of Utilities will inspect the work performed by the contractor.

 

The County awarded the contract through a competitive procurement process based on two bids received. The lowest bidder, the previous contractor, was considered non-responsive.

 

 

FM-3 (Contract) (cont’d)                                                                                             February 5, 2018

 

 

On February 17, 2009, the Council approved a 5-year contract for similar services totaling $414,345 with Municipal Sales, Inc.  Expenditures under this contract totaled $404,020.  The Department advised that the chemical treatment of sewer line roots has not been provided since this contract expired on February 16, 2014.  The Department also advised that its Bureau of Utilities performs preventative maintenance cleaning on sewer lines that have known root problems.  The cleaning is performed on a 3-month, 6-month, or 1-year schedule depending on the severity of the root problem.

 

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….”

 

 

 

 

 

Keith Dorsey                                               Fiscal Note                                          February 5, 2018

 

 

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

 

 

Office of Budget and Finance

 

Maintenance, Repair & Installation – Chairlifts/Dumbwaiters

 

 

The Administration is requesting approval of a contract with United Elevator Company, LLC to provide maintenance, repair, and installation of wheelchair lifts and dumbwaiters in County-owned and/or operated buildings.  The contract commences upon Council approval, continues for 1 year, 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 120 days.    The contract does not specify a maximum compensation for the initial 1-year term.  Compensation may not exceed $1,194,332 for the entire 5-year and 4-month term, including the renewal and extension periods.

 

                                                                      Fiscal Summary

 

Funding Source

Maximum Compensation

Notes

County (1)

$         1,194,332 (1) General Fund Operating Budget or Capital Projects Fund, depending on the nature of the work.

(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 1-year term.

State

Federal

Other

 

Total

  $         1,194,332 (2)

 

Analysis

 

The contractor will provide all labor, supervision, materials, tools, equipment and incidentals needed for the maintenance, repair, and installation of wheelchair lifts and dumbwaiters in County-owned and/or operated buildings.  Services will include preventative maintenance and repairs, inspections, and safety tests required by the State of Maryland.

 

Repairs, upgrades, and enhancements will be charged on a time and materials basis. Quarterly rates for maintenance of wheelchair lifts and dumbwaiters are $55 and $65, respectively.   Hourly

FM-4 (Contract) (cont’d)                                                                                             February 5, 2018

 

 

rates for labor range from $65 to $230 depending on the worker’s skill level (technician or helper) and time status (regular or overtime).  Additionally, the contract establishes certain performance requirements (e.g., response to emergency calls within 2 hours) and remedies for non-performance (e.g., if necessary, the contractor will pay for all charges of having another qualified contractor perform emergency work).

 

The contract commences upon Council approval, continues for 1 year, 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 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 1-year term.  Compensation may not exceed $1,194,332 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 – Washington-Baltimore, DC-MD-VA-WV – 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.  United Elevator Company, LLC was the only bidder.

 

On October 6, 2014, the Council approved a 5-year and 4-month contract with Otis Elevator Company totaling an estimated $1.9 million to provide elevator, wheelchair lift, and dumbwaiter maintenance services and repairs.  The Office advised that as of January 19, 2018, $1,399,939 has been expended under the contract.  The Office further advised that recurring maintenance issues with lifts prompted the request for a separate agreement for wheelchair lift and dumbwaiter maintenance services and repairs.  Otis Elevator Company will continue to provide elevator-related services under the existing contract, while the proposed contract will be used to provide maintenance, repair, and installation of wheelchair lifts and dumbwaiters.

 

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….”

 

Keith Dorsey                                               Fiscal Note                                          February 5, 2018

 

FM-5 (Contract Amendment)                                                                        Council District(s) All_

 

 

Office of Budget and Finance

 

On-Call Architectural Services

 

 

The Administration is requesting an amendment to a contract with Manns Woodward Studios, Inc. for continued on-call architectural services for various County-owned building projects.  The proposed amendment increases the maximum compensation of the contract by $5 million, from $2 million to $7 million for the entire 4-year term, including the renewal periods.  The contract commenced September 15, 2014.  See Exhibit A.

 

Fiscal Summary

 

Funding

Source

Contract

Amendment

 

Current

Maximum Compensation

Amended

Maximum Compensation

County (1)

$       5,000,000 $         2,000,000

$          7,000,000

State

Federal

 —

Other

Total

$       5,000,000 (2) $         2,000,000 $          7,000,000 (3)
 

(1) Capital Projects Fund.

(2) Additional compensation for the entire 4-year term, including the renewal periods.

(3) Maximum compensation for the entire 4-year term, including the renewal periods.

 

 

Analysis

The Office advised that the contractor will provide additional on-call architectural services for County-owned building projects.  Services will include providing consultant reports, feasibility studies, sketches, renderings, schematic design, design development, construction documents, cost estimates, construction administration, and other assistance for various County building projects.

 

FM-5 (Contract Amendment) (cont’d)                                                                     February 5, 2018

 

 

On September 15, 2014, the Council approved the original 4-year contract not to exceed $2 million, and similar contracts with Rubeling & Associates, Inc., A JMT Division, and Wheeler Goodman Masek & Associates, Inc.  On September 8, 2015, the Council approved an addendum to the Rubeling and Associates contract to increase the maximum compensation by $7 million to $9 million.  This proposed amendment increases the maximum compensation of the Manns Woodward Studios, Inc. contract by $5 million to $7 million.  All other terms and conditions remain the same.  The County may terminate the agreement by providing 30 days prior written notice.

 

The Office advised that the proposed contract amendment is necessary due to upcoming projects which have already been assigned to the contractor, including addressing structural damage to the County Office Building, a roof replacement for the Public Safety Building which will require the majority of the additional funds, as well as a basement renovation at the Historic Courthouse (former cafeteria), and a concrete deck study for the Detention Center.  The Office also advised that expenditures under the Rubeling & Associates contract are near the not-to-exceed amount, and that the contract with Wheeler Goodman Masek & Associates was terminated for convenience on January 1, 2018.  As of January 18, 2018, expenditures/encumbrances totaled $1,165,708 under the Manns Woodward contract, $8,881,847 under the Rubeling & Associates contract, and $0 under the Wheeler Goodman Masek & Associates contract.  The Office previously advised that it would obtain cost proposals for each project from all on-call contractors with the award going to the lowest responsive and responsible bidder.  The Office now advises that proposals were obtained when possible but not on all occasions.

 

Services will be performed at the architect’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 are within established County limits.  The additional funding for this contract will not be encumbered at this time.  Rather, contract costs will be charged to specific project tasks as they are assigned.

 

On March 10, 2014, the Professional Services Selection Committee (PSSC) selected the three contractors from 30 responsive submittals received based on experience and qualifications. The current contracts expire on September 14, 2018.

 

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….”

 

Keith Dorsey                                               Fiscal Note                                         February 5, 2018

 

 

FM-6 (4 Contracts)                                                                                        Council District(s) _All_

 

 

Office of Budget and Finance

 

Court Reporting Services

 

 

The Administration is requesting approval of four contracts to provide court reporting services on an as-needed basis.  The four contractors are MS Reporting, LLC, DBA Irwin Reporting; CRC Holdings, Inc., DBA CRC Salomon, Inc.; Capital Reporting Company; and A&A Court Reporting, Inc.  The contracts commenced July 1, 2017, continue for one year, 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 120 days.  The contracts do not specify a maximum compensation for the initial 1-year term.  Compensation for all contractors combined may not exceed $200,000 for the entire 5-year and 4-month term, including the renewal and extension periods.

 

Fiscal Summary

 

Funding Source

Combined Maximum Compensation
 

Notes

County (1)

  $          200,000   (1)  Self-Insurance Fund, Liquor License Fund, Capital Projects Fund, and General Fund Operating Budget, depending on the nature of the work.

(2)  Maximum compensation for all contractors combined 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 1-year term.

State

 

Federal

 

Other

 

Total

  $          200,000 (2)

 

 

 

Analysis

The contractors shall provide all time, materials, and incidentals required to perform court reporting services on an as-needed basis, including after-hours, weekends, and holidays.  The court reporters will take verbatim records at hearings, depositions, and various other meetings as required;  the contractor will ensure that all information is maintained in a safe and secure manner.

FM-6 (4 Contracts) (cont’d)                                                                                        February 5, 2018

 

 

The Office advised that hearings and depositions may involve various County government locations and departments, including the Office of Budget and Finance—General Liability, the Board of Appeals, the Office of People’s Counsel, the Office of Law, and the Liquor Board.

 

The contracts commenced July 1, 2017, continue for one year, 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 120 days on the same terms and conditions, unless the County provides notice of non-renewal.  Each contract establishes unit prices to be charged for specific services (e.g., transcripts, copies, videography).  The contracts do not specify a maximum compensation for the initial 1-year term.  Compensation for all contractors combined may not exceed $200,000 for the entire 5-year and 4-month term, including the renewal and extension periods.  The County may terminate the agreements by providing 30 days prior written notice.

 

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 – Washington/Baltimore – 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.

 

The County awarded the contracts through a competitive procurement process; the four contractors were the only respondents.  According to the County’s financial system as of January 12, 2018, expenditures/encumbrances under the CRC Holdings, Inc., DBA CRC Salomon, Inc. contract totaled $4,131.

 

On July 2, 2007, the Council approved four similar 10-year contracts not to exceed $880,000 combined with Capital Reporting Company, Hunt Reporting Company, Court Reporting Concepts, Inc. DBA CRC-Salomon, and Irwin Reporting and Video, LLC.  The Office advised that expenditures to each contractor totaled $2,389, $1,852, $37,525, and $75,406, respectively.

 

The 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….”  As  previously  mentioned,  the

 

FM-6 (4 Contracts) (cont’d)                                                                                        February 5, 2018

 

 

proposed agreements commenced July 1, 2017.  We believe this situation may constitute a violation of the aforementioned section of the County Charter.

 

 

 

 

 

 

Steve Walsh                                                Fiscal Note                                          February 5, 2018

 

 

MB-2 (Res. 5-18)                                                                                             Council District(s)  All_

 

Mr. Quirk (By Req.)

 

Department of Public Works

 

 

 

Adoption of the 2017 Triennial Review of the Baltimore County Water Supply &

Sewerage Plan

 

 

Resolution 5-18 adopts the report of the 2017 Triennial Review of the Baltimore County Water Supply and Sewerage Plan.

 

Title 9, Subtitle 5 of the Environment Article of the Annotated Code of Maryland requires the County to adopt a comprehensive 10-year water supply and sewerage plan.  State law also requires the County to review its plan every three years and submit a report of the review to the Maryland Department of the Environment (MDE).

 

The last separate triennial review report was approved by the County Council, following the recommendation of the Planning Board, in 2014 (Resolution 116-14).  The 2014 Triennial Review was approved by MDE in a letter dated May 21, 2015.

 

The new Triennial Review was due for submission in 2017.  The review includes updated population projections and reports on the status of the public water and sewer infrastructure and private on-site well and septic system issues, and demonstrates consistency with Master Plan 2020 and all applicable County and State requirements for water and sewer planning.

 

The Planning Board held a public hearing on the report on July 20, 2017 and voted at its regular meeting of September 7, 2017 to adopt the 2017 Triennial Review and recommend that it be forwarded to the County Council for further action.  The Council’s public hearing will occur at the work session on January 30, 2018.

 

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

 

Wally Lippincott                                          Fiscal Note                                          February 5, 2018

 

 

MB-3 (Res. 13-18)                                                                                            Council District(s) _3_

 

 

Mr. Jones (By Req.)

 

 

Department of Planning

 

Approval of Contributions of Purchase of (11) Agricultural Easements –

Maryland Agricultural Land Preservation Foundation

 

 

The Administration is requesting approval of the County’s contribution towards the State’s purchase of 11 development rights easements totaling approximately 731.83 acres through the Maryland Agricultural Land Preservation Program FY 2017/FY 2018 easement cycle. The request would provide $1,302,918 of County matching funds to the State for the purchase of seven easements; the remaining four easements have no County match. The combined purchase price of all 11 easements totals $5,514,595.  The 11 properties are located within Agricultural Preservation Priority Areas.  See Exhibit A.

 

                                                                      Fiscal Summary

 

Funding Source

Combined Purchase Price
  Notes

County (1)

  $      1,302,918   (1) Capital Projects Fund.

(2) Maryland Agricultural Land Preservation Program.

(3) Total of State-approved purchase prices.

State (2)

         4,211,677

Federal

                       —

Other

                       —

Total

  $      5,514,595 (3)

 

 

Analysis

On October 17, 2016 (Resolution 110-16), the Council approved 20 recommended easement applications to be submitted to the State for purchase consideration.   The Department of Planning

MB-3 (Res. 13-18) (cont’d)                                                                                          February 5, 2018

 

 

and the Baltimore County Agricultural Land Preservation Advisory Board ranked the 20 properties based on an analysis of the benefits per acre (including soil analysis) and costs per acre. The Department advised that the State made easement purchase offers to 13 of the 20 property owners, of which 11 accepted the offers.  All 11 properties are located within designated Agricultural Preservation Priority Areas.

 

The Department advised that the easements are held by the Maryland Agricultural Land Preservation Foundation, and the County and the Baltimore County Land Preservation Advisory Board review landowner requests for approved activities and the County monitors compliance. The Foundation purchases the easements with the State and County funds.  Agricultural Article §2-511 of the Annotated Code of Maryland establishes a maximum purchase price for the Foundation easements at 75% of the fair market value of the land.

 

Maryland Agricultural Land Preservation Foundation easement acquisitions are on a 2-year cycle with the County Council approving applications in the first year of the cycle and then approving County matching funds for easement offers in the second year.

 

Purchases of easements under the Maryland Agricultural Land Preservation Program may be made from the State’s general allotment allocation, the State’s matching allocation, and the reallocation of any remaining general allotment funds after allocations to all counties have been made.  General allotment funds do not require a county contribution; matching fund purchases require a county to contribute at least 40% of the amount not funded by the general allotment fund.  The Department advised that the 11 easement purchases will be funded with $4,211,677 of State matching and general allotment funds and $1,302,918 of County funds for a total cost of $5,514,595.  The County matching funds may be financed by General Funds (PAYGO) and General Obligation bonds.

 

The 11 easements to be purchased are all located in the 3rd Council District. The related acreages and the County’s share of the purchase prices are as follows:

 

 

MB-3 (Res. 13-18) (cont’d)                                                                                          February 5, 2018

 

 

Property Owner(s)   Easement    Acres (1) County Share of Easement Cost Total Easement

Cost

Ensor, Jr., Leoinel Kemp, Residuary Trust 100.32 (2) $      903,000  
Hewitt, James L. & Sheila A., Rev. Trusts 77.06 $      242,700 606,750
Johansson Family, LLC 76.90 230,700 576,750
Nash, Jr., Michael S. 20.18 60,551 151,377
Troyer Farms, LLC 116.17 323,267 813,190
Wheatley, Nancy B. 48.00 (2) 336,000
White, Dorothy B. 79.00 272,700 681,750
Whipperman, Bill and Kristy 19.00 49,400 123,500
Wirtz, James and Blanche 51.50 123,600 309,000
Wismer, Ralph and Anne 106.90 (2) 758,976
Yeager, Robert and Betty 36.80 (2) 254,302
     Total   731.83 $    1,302,918 $   5,514,595

 

  • Reflects acreage per Resolution which may differ slightly from Exhibit A due to minor acreage

adjustments and/or acreage for which the landowner is not paid.

  • 100% State funding through the Maryland Agricultural Land Preservation Program.

 

Approval of these purchases will add approximately 731.83 acres to the 24,358 acres of farmland preserved through the Maryland Agricultural Land Preservation Program in Baltimore County.  The Department advised that the total amount of acres in the County preserved through all preservation programs as of January 1, 2018 is 65,143; the County’s goal is 80,000 acres.

 

The Annotated Code of Maryland, Agriculture Article (Title 2, Subtitle 5), and the Baltimore County Code, Article 24, Land Preservation (Titles 2 and 3) require Council approval of development rights easements to be purchased under the Maryland Agricultural Land Preservation Program.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

BALTIMORE COUNTY COUNCIL

NOTES TO THE AGENDA

APPENDIX A