Baltimore County Council Agenda – WS March 27, 2018 | LS April 2, 2018

BALTIMORE COUNTY COUNCIL

NOTES TO THE AGENDA

LEGISLATIVE SESSION 2018

Issued:        March 22, 2018

Work Session:       March 27, 2018

Legislative Day No.   7  :     April 2, 2018

 

The accompanying notes are

compiled from unaudited

information provided by

the Administration and

other sources.

 

                                                                                                                                                              OFFICE OF THE COUNTY AUDITOR

BALTIMORE COUNTY COUNCIL

April 2, 2018

NOTES TO THE AGENDA

 

TABLE OF CONTENTS

 

PAGE

LEGISLATIVE SESSION

 

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

 

BILLS – FINAL READING

 

Bill 11-18…………………………………………………………………… 1

Bill 12-18…………………………………………………………………… 5

Bill 13-18…………………………………………………………………… 9

Bill 14-18…………………………………………………………………… 9

Bill 15-18…………………………………………………………………… 9

Bill 16-18…………………………………………………………………… 9

Bill 17-18…………………………………………………………………… 9

Bill 18-18…………………………………………………………………. 13

Bill 19-18…………………………………………………………………. 15

Bill 20-18…………………………………………………………………. 16

Bill 21-18…………………………………………………………………. 17

 

FISCAL MATTERS

 

FM-1……………………………………………………………………….. 18

FM-2……………………………………………………………………….. 22

 

 

MISCELLANEOUS BUSINESS

 

MB-2 (Res. 28-18)…………………………………………………… 26

 

 

APPENDIX

 

Correspondence (1) (a)……………………………………………. 29

i

 

BALTIMORE COUNTY COUNCIL AGENDA

LEGISLATIVE SESSION 2018,  LEGISLATIVE DAY NO.  7

APRIl 2, 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

 

 

ANDREA VAN ARSDALE, DIRECTOR, DEPARTMENT OF PLANNING

1             Bill 11-18 – Mr. Jones(By Req.) – CEB – Grant Funds for demolition of former Eastern Family Resource Center

 

MIKE FIELD, COUNTY ATTORNEY, OFFICE OF LAW

5             Bill 12-18 – Mr. Jones(By Req.) – Ethics Law Amendments

 

TED VENETOULIS, CHAIRMAN, CHARTER REVIEW COMMISSION

9             Bill 13-18 – All Councilmembers – County Charter – Technical Amendments

9             Bill 14-18 – All Councilmembers – County Charter – The Administrative Services

9             Bill 15-18 – All Councilmembers – County Charter – Legislative Procedure

9             Bill 16-18 – All Councilmembers – County Charter – The Executive Branch

9             Bill 17-18 – All Councilmembers – County Charter – Exempt Service Employees

 

COUNCIL

13             Bill 18-18 – Councilmembers Kach & Marks – County Charter – Legislative Branch

15             Bill 19-18 – Mr. Marks – County Charter – Administrative Services – Departments

16             Bill 20-18 – Mr. Marks – Zoning Regulations – Honeygo Area

17             Bill 21-18 – Mrs. Bevins – Zoning Regulations – Cold Rolling Mill

 

 

 

APPROVAL OF FISCAL MATTERS/CONTRACTS

 

 

ANDREA VAN ARSDALE, DIRECTOR, DEPARTMENT OF PLANNING

18             1.  Amendment #4 to Contract – Community Assistance Network, Inc. – Operation of Eastern Family

Resource Center & Westside Shelter for Men

22             2.  Amendment #3 to Contract – St. Vincent de Paul of Baltimore, Inc. – Operation of Hannah More Shelter

 

 

 

MISCELLANEOUS BUSINESS

 

 

COUNCIL

29             1.  Correspondence –  (a)(1) – Non-Competitive Awards (February 27, 2018)

26             2.  Res. 28-18 – Mr. Quirk – Support of Designation -Arts and Entertainment District-Arbutus-Catonsville area

  1. Res. 30-18 – Mrs. Almond – Property Tax Exemption – DAV – Julius E. Jefferson
  2. Res. 31-18 – Mr. Jones – Property Tax Exemption – DAV – James A. Flagg

 

ii

Andrea Van Arsdale                                  Fiscal Note                                                   April 2, 2018

 

 

Bill 11-18 (Supplemental Appropriation)                                                  Council District(s) _6_

 

 

Mr. Jones (By Req.)

 

 

Department of Planning

 

Grant Funds for Demolition of Former Eastern Family Resource Center

 

 

The Administration is requesting a supplemental appropriation of State funds totaling $500,000 to the Grant Funds for Demolition of Former Eastern Family Resource Center Gifts and Grants Fund program.  The funds will be provided to MedStar Franklin Square Medical Center (MFSMC) to subsidize its cost to demolish the former Eastern Family Resource Center. MFSMC will then construct a new 75,000 sq. ft. surgical center on the site.  See Exhibit A.

 

                                                                      Fiscal Summary

 

Funding

Source

  Supplemental Appropriation   Current

Appropriation

  Total

Appropriation

 

County

State (1)

$         500,000 $         500,000

Federal

   

Other

   

Total

$         500,000 $         500,000
 

(1) Maryland Department of Housing and Community Development, Strategic Demolition Fund Program funds.  No County matching funds are required.

 

Analysis

 

In October 2017, the Maryland Department of Housing and Community Development awarded the County $500,000 from its Strategic Demolition Fund Program for the demolition of the vacated Eastern Family Resource Center (EFRC), adjacent to the MFSMC.  A grant agreement between the  Maryland  Department of  Housing and  Community  Development  and  Baltimore County is

Bill 11-18 (Supplemental Appropriation) (cont’d)                                                        April 2, 2018

 

expected in April 2018. MFSMC will apply to the County for these grant funds to subsidize its demolition costs of the former EFRC. Once the site is cleared, MFSMC plans to construct a new 75,000 sq. ft. surgical center.

 

The Department advised that several years ago, Baltimore County and MFSMC began a multi-phase project to improve health care to residents of eastern Baltimore County and address the needs of homeless men, women, and children in the greater community. On July 6, 2015, the Council approved Resolution 46-15 that authorized the County to exchange property with MFSMC.  In this property exchange, MFSMC acquired the County’s 2.9 acre site of the original EFRC in order to build a new surgical center, and Baltimore County acquired a 4.9 acre parcel to build a new and expanded EFRC for the homeless. MFSMC also contributed $5 million toward the construction of the new homeless shelter to supplement $16 million in County funds and $5 million in State funds.

 

The new 80,000 sq. ft., 3-floor EFRC opened in October 2017. It replaced and expanded the previous shelter for women and families that served 250 people, and now offers three homeless shelter operations, including an enhanced shelter for women and families serving up to 250 people; a transitional shelter program for women and families with a capacity of up to 38 people; and a new shelter for men, with a capacity of up to 50 people.

 

The Department advised the demolition of the former EFRC is almost complete at a cost of $559,956. The total project cost for MFSMC’s new surgical center is expected to be an additional $70 million. The Department also advised that the new surgical center will replace MFSMC’s operating rooms, which average 35 years and are considered outdated, undersized, and lack the infrastructure and space to accommodate advanced surgical technology such as robotic and imaging assisted surgery.

 

The Department further advised that these projects will combine to help improve the economic viability and livability of eastern Baltimore County:  the new MFSMC surgical facility will strengthen the Center’s position as an important economic engine in the community and a leading employer of local residents; and the new EFRC implements the County’s 10-year plan to prevent and reduce homelessness and offers high quality facilities and care to the County’s most vulnerable populations.

 

The State’s grant award letter does not indicate a specific grant period.  No County matching funds are required for this grant.

Bill 11-18 (Supplemental Appropriation) (cont’d)                                                        April 2, 2018

 

With the affirmative vote of five members of the County Council, Bill 11-18 will take effect April 15, 2018.

 

 

 

 

Mike Field                                                      Fiscal Note                                                    April 2, 2018

 

 

Bill 12-18                                                                                                     Council District(s) __All__

 

 

Mr. Jones (By Req.)

 

 

Law Office

 

 

Ethics Law Amendments

 

 

Bill 12-18 proposes amendments to the County Ethics law (Article 7) pursuant to changes made to the State ethics law by Chapter 31 of the Acts of 2017.

 

Exhibit A is a comprehensive executive summary that describes the proposed changes.

 

With the affirmative vote of five members of the County Council and signature by the County Executive, Bill 12-18 will take effect on the date of enactment.

 

Ted Venetoulis                                             Fiscal Note                                                    April 2, 2018

 

 

Bills 13-18 through 17-18                                                                       Council District(s) __All__

 

 

All Councilmembers

 

 

Charter Review Commission

 

 

County Charter – Amendments

 

 

Bills 13-18 through 17-18 propose to amend the County Charter in accordance with the recommendations of the Baltimore County Charter Review Commission.

 

The County Council passed, and the voters of Baltimore County, in November 2016, approved Bill 12-15 which proposed to amend the Charter of Baltimore County to create a decennial Charter Review Commission. This Commission is required periodically to review the Charter and undertake a comprehensive study of its contents, and make findings and recommendations as to the necessity for deleting, adding, or amending its provisions in order to improve the efficiency and operations of County government.

 

On February 21, 2017, the County Council established the Charter Review Commission (Resolution 16-17). The Commission, chaired by former County Executive Theodore Venetoulis, reported its findings and recommendations to the County Council in a report dated November 6, 2017.

 

Bills 13-18 through 17-18 constitute the Commission’s recommendations. The bills were introduced on March 5, 2018 and will be discussed in a public meeting on March 27, 2018, with the final vote scheduled for the Council legislative meeting on April 2, 2018. If approved, the bills will appear on the November 6, 2018 general election ballot for approval or disapproval by the voters.

Bill 13-18

 

Bill 13-18 makes corrections to 43 sections of the Charter. The names of County offices and departments are updated, obsolete language is repealed, the functions and duties of certain departments are updated, an obsolete entity is repealed, certain provisions are transferred to other areas of the Charter, and gender-neutral language is substituted throughout the Charter.

Bill 13-18 through 17-18 (cont’d)                                                                                      April 2, 2018

 

Bill 14-18

 

Bill 14-18 amends 6 sections of the Charter in Article V, titled “The Administrative Services.”

 

Section 508: A provision of this section requires the County Attorney to maintain a journal of County Council proceedings. The minutes of the County Council legislative meetings are kept by the Secretary to the Council, as required by Section 302(b). The minutes are far more complete and detailed than the journal. The requirement of the County Attorney to maintain a journal of County Council proceedings is repealed.

 

Section 522: This section currently states that the Executive shall appoint the Director of Planning and Zoning (which is now known as the Department of Planning) subject to confirmation by the County Council. It also states that the Director shall serve until he resigns or is removed upon the recommendation of the Executive and approval of a majority plus one of the Council members. In order to be consistent with the Executive’s power over the heads of the offices and departments he appoints, as set forth in Section 402(d)(9), and the prerogative to remove such appointments in his discretion, as will be codified in the new language of Section 404(b), the existing language of this section providing that the director shall serve until he resigns or is removed upon the recommendation of the Executive and approval of a majority plus one of the Council members is deleted.

 

Section 533: The County Executive does not serve on the Board of Recreation and Parks as currently provided in the section. The provision is deleted.

 

Section 540: Language in this section requiring the County Executive to serve as a member of the Board of Social Services is deleted. Under State law, the County Executive is required to appoint a member of his administration to serve on the board but the Executive himself is not required to serve on the board. See §3-501(d) of the Human Services Article of the Annotated Code of Maryland. No County Executive has served on this board any time recently but has appointed a member from his staff.

 

Sections 541 and 542: Subsection (b) of these sections requires that the police chief and the fire chief, respectively, “shall continue to hold office until such time as he may resign or be removed pursuant to the provisions of this Charter.” Because there are no such provisions for removal of either chief, it is recommended that this language be deleted in both sections and replaced with

 

Bill 13-18 through 17-18 (cont’d)                                                                                      April 2, 2018

 

a reference to Section 404(b) – the newly added language in Bill 16-18 for removal of appointed officers in the Executive Branch.

 

Bill 15-18

 

Bill 15-18 amends one section in Article III, titled “The Legislative Branch.”

 

Section 308(f): The first sentence of this subsection authorizes the County Council to pass a bill prior to the tenth calendar day following its introduction in certain circumstances. This sentence was added to Section 308 by Bill 79-78, approved by the voters on November 7, 1978. There is no relevant legislative history. Whatever the intent of this provision, it conflicts with the requirements of Article XI-A, Section 3 of the Maryland Constitution, dealing with the publication of local laws, as applied by the Maryland Court of Appeals in Schaeffer v. Anne Arundel County, et al. 338 Md. 75 (1995).  The sentence is deleted.

 

Section 308(h) currently provides that a bill not passed within 40 days after its introduction shall fail. The Charter Review Commission recognized there are times when, due to the complexity of a subject matter or public controversy, it would be helpful for a bill to be extended past 40 days in order to allow for additional input from the public and other interested stakeholders. The Commission recommends the 40-day period be extended to 65 days.  Bill 15-18 amends Section 308(h) accordingly.

 

Bill 16-18

 

Bill 16-18 amends 3 sections in Article IV, titled “The Executive Branch.”

 

Section 402: In addition to corrections made to this section, including the substitution of gender-neutral language, Bill 16-18 repeals two obsolete paragraphs in subsection 402(d) that deal with the duty of the County Executive to serve on certain boards and commissions (402(d)(11)), since the Executive does not serve on any boards (see the similar deletions in Sections 533 and 540 of Bill 14-18). Section 402(d)(14) is also deleted because the Executive does not issue regulations. The County Code makes provision for the adoption of regulations by departments and offices of county government that are authorized by law to do so.  Baltimore County Code, Article 3, Title 7.

 

In addition, Section 402(d)(9) is amended to clarify the appointment power of the Executive at the beginning of a term of office.  There was some discussion as to whether Section 402(9)(d) requires

Bill 13-18 through 17-18 (cont’d)                                                                                      April 2, 2018

 

the Executive to submit for confirmation the names of all department heads at the beginning of each term (particularly those who are “holding over” and re-appointed by an Executive that is elected to a second term, or a new Executive who retains an existing department head). The language added to this subsection would codify the existing custom and practice of the Executive submitting appointments (and reappointments) at the beginning of each term for confirmation by the County Council.

 

Section 403(d): This subsection states that the County Administrative Officer shall exercise supervision over all activities of those offices and departments “whose heads he appoints.” The Administrative Officer does not actually appoint the heads of offices and departments. That is the Executive’s prerogative. The change to this subsection deletes the quoted language “whose heads he appoints,” and reinforces that the County Administrative Officer “supervises” the offices and departments “for which provision is made in this Charter.” The changes also make the section gender-neutral.

 

Section 404(b): This subsection states that the Administrative Officer, with approval of the Executive and subject to the merit system, may remove at any time any other officer or employee in the Administrative Services. The change to subsection (b) above reinforces that the Executive (not the Administrative Officer) has the power to remove the heads of offices and departments the  Executive appoints in the Executive Branch, unless provisions for removal are set forth in the Charter (such as with the Zoning Commissioner and Deputy Zoning Commissioner, who serve a term and can be removed at the recommendation of the Executive and approval of at least a majority plus one of the Council members; a similar procedure may also remove the People’s Counsel). The Administrative Officer still retains the power to remove other employees of the Administrative Services of the County. The changes to subsection (b) are consistent with the change made to Section 403(d).

 

Bill 17-18

 

Bill 17-18 amends Section 505 of the Charter to add a provision dealing with exempt service employees of the County. The County Council specifically requested the Charter Review Commission to review this issue. The change to this section addresses a gap in the manner in which county government handles exempt service employees of the County, also known as “at-will” employees. Currently there is no system governing the compensation of exempt employees. The change to this section would require that a system be established by the County Council upon the recommendation of the County Executive.

Council                                                           Fiscal Note                                                    April 2, 2018

 

 

Bill 18-18                                                                                                     Council District(s) __All__

 

 

Councilmembers Kach and Marks

 

 

County Charter – Legislative Branch

 

 

Bill 18-18 proposes to amend Section 310 of the County Charter by adding a requirement to the duties of the County Executive.

 

Section 310 of the County Charter provides as follows:

 

“Unless for the purpose of inquiry or information, neither the county council nor any member thereof shall deal directly with any officer, agent or employee in the executive branch of the county government other than the county executive. Except through legislation duly enacted, neither the county council nor any member thereof shall, either directly or indirectly, give orders to any officer, agent or employee of the executive branch of the county government, nor shall they in any manner attempt to influence or coerce any such officer, agent or employee in the performance of his duties.”

 

This section is an expression of the principle that the (three) branches of government are separate and distinct from each other, and no person exercising the functions of one of those branches may assume or discharge the duties of any other. The phrase “except through legislation duly enacted” makes it clear that the County Council is empowered to “give orders” to the executive branch by enacting suitable legislation regulating the affairs of the County government. Section 310 is not intended to curtail this legislative prerogative, but it is intended to protect the officers, agents and employees of the executive branch from privately exercised coercion and interference when they are implementing the legislative mandate.

 

Bill 18-18 proposes to add the following new subsection:

 

(B) notwithstanding subsection (A) of this section, the executive shall provide any information that is requested in writing by the County Council or a member thereof for the purpose of introducing or evaluating legislation, or for the purpose of reviewing or monitoring programs of County government.

Bill 18-18 (cont’d)                                                                                                                 April 2, 2018

 

The Charter Review Commission considered this issue during its deliberations. Some Commission members felt that the current language allows the executive branch to withhold information from Councilmembers without consequences, either for partisan reasons or to punish Councilmembers when the branches of government are not getting along. The Commission considered similar language from other jurisdictions, but in the end, the majority of Commission members felt additional language would be neither practical nor enforceable, and not appropriate in a Charter document. Section 310 as it is currently written sets forth the principle of our form of government known as the separation of powers – a “civics 101″ proposition – wherein the branches of government are separate and each may not interfere with the workings of the other. The Commission concluded that regulating the relationship or the behavior, good or bad, among the members of these branches is not Charter material.

 

If passed by the Council, Bill 18-18 will be submitted to the voters for approval or disapproval at the November 6, 2018 general election.

 

 

 

 

Council                                                           Fiscal Note                                                    April 2, 2018

 

 

Bill 19-18                                                                                                          Council District(s) _All_

 

 

Mr. Marks

 

 

County Charter – Administrative Services – Departments

 

 

Bill 19-18 proposes to amend the County Charter to rename the Department of Public Works to be the Department of Transportation and Infrastructure.

 

The qualifications of the Director are expanded to require that the Director have experience in the planning and implementation of pedestrian and bicycle mobility and traffic calming, and the duties of the Department are expanded to include responsibility for transportation options that include highways, bike lanes, pedestrian improvements, and transit.

 

If passed by the Council, Bill 19-18 will be submitted to the voters for approval or disapproval at the November 6, 2018 general election.

 

 

 

Council                                                           Fiscal Note                                                    April 2, 2018

 

 

Bill 20-18                                                                                                        Council District(s) __5__

 

 

Mr. Marks

 

 

Zoning Regulations – Honeygo Area

 

 

Bill 20-18 prohibits access from a certain road for residential development in the Honeygo Area.

 

Section 259.9.C. of the Baltimore County Zoning Regulations is proposed for amendment in order to prohibit access from Chapel Road for any residential development approved after March 5, 2018.

 

With the affirmative vote of five members of the County Council and signature by the County Executive, Bill 20-18 will take effect on April 16, 2018.

 

 

 

 

Council                                                           Fiscal Note                                                    April 2, 2018

 

 

Bill 21-18                                                                                                     Council District(s) __All__

 

 

Mrs. Bevins

 

 

Zoning Regulations – Cold Rolling Mill

 

 

Bill 21-18 amends the Baltimore County Zoning Regulations to permit a cold rolling mill in the M.L. (Manufacturing, Light) Zone under certain conditions.

 

The bill defines a cold rolling mill as a metal manufacturing and processing facility where metals or metal alloys are heated and rolled to produce a metal or metal alloy product in finished coil form. The heating facilities and furnaces used are capable of producing temperatures not greater than 500 degrees celsius. A hot rolling mill is a metal manufacturing and processing facility where metals or metal alloys are heated and rolled to produce a metal or metal alloy product in finished coil form. The heating facilities and furnaces used are capable of producing temperatures in excess of 500 degrees celsius.

 

The bill permits a cold rolling mill in a M.L. Zone by right if it is located in an I.M. (Industrial, Major) District.

 

With the affirmative vote of five members of the County Council and signature by the County Executive, Bill 21-18 will take effect on April 16, 2018.

 

 

 

Andrea Van Arsdale                                  Fiscal Note                                                  April 2, 2018

 

FM-1 (Contract Amendment)                                                                     Council District(s) _All_

 

 

Department of Planning

 

Operation of Eastside Family Shelter and Westside Shelter for Men

 

 

The Administration is requesting a fourth amendment to a contract with Community Assistance Network, Inc. to continue to operate the Eastside Family Shelter for the homeless in Rosedale and the Westside Men’s Shelter in Catonsville.  The proposed amendment, which commences July 1, 2018, extends the current contract for a period not to exceed the earlier of the date a new agreement is executed pursuant to a forthcoming Request for Proposal, or December 31, 2018, and provides for a maximum compensation of $1,507,220 for the 6-month period. The compensation will be prorated if a new contract is executed earlier than December 31, 2018. Estimated compensation for the entire 6-year and 3-month term, including this 6-month extension period, increases by $1,507,220, from $9,181,361 to $10,688,581.  The contract commenced October 1, 2012 and was extended in 2014, 2015, and 2017.  See Exhibit A.

 

Fiscal Summary

 

Funding

Source

Contract

Amendment

 

Current

Total Compensation

Amended

Total Compensation

County (1)

$       1,507,220 $         9,181,361

$        10,688,581

State

Federal

 —

Other

Total

$       1,507,220 (2) $         9,181,361 $        10,688,581 (3)
 

(1) General Fund Operating Budget.

(2) Maximum compensation for the additional 6-month period. The Department expects a new contract to take effect by December 31, 2018.

(3) Estimated compensation for the entire 6-year and 3-month term, including the 6-month extension period.

 

 

 

 

FM-1 (Contract Amendment) (cont’d)                                                                             April 2, 2018

 

Analysis

 

The contractor will continue to operate the 24-hours-per-day, year-round Eastside Family Shelter and the Westside Men’s Shelter.  The contractor is responsible for providing residents with a safe, supportive, and sanitary environment; three meals per day; sleeping accommodations, bathrooms, and common areas; and access to services that address the root causes of homelessness.  Individuals have access to day resource center services and also participate in the Homeless Management Information System and the annual Point in Time Survey.

 

The Eastside Family Shelter is located at the County’s new Eastern Family Resource Center (EFRC), adjacent to the MedStar Franklin Square Medical Center, and can accommodate up to 338 people per night (the previous facility only held up to 140 people).  The new EFRC opened in October 2017 and expands the previous Eastside Family Shelter for woman and families. The shelter now offers three shelter operations, including an enhanced shelter for women and families serving up to 250 people; a transitional shelter program for woman and families with a capacity of up to 38 people; and a new shelter for men with a capacity of up to 50 people.  The Department advised that the Eastside Family Shelter served 782 individuals in FY 2017 and expects to serve 950 individuals in FY 2018.

 

The County-owned Westside Men’s Shelter is located on leased grounds at the Spring Grove Hospital Center and can accommodate up to 154 men per night.  The Department advised that the Westside Men’s Shelter served 544 individuals in FY 2017 and anticipates serving 545 individuals in FY 2018.

 

On October 1, 2012, the Council approved the original 3-year contract totaling $1,239,690 for the initial 9-month term with compensation for subsequent fiscal years to be negotiated.  On April 7, 2014, the Council approved the first amendment to the agreement, which increased the maximum compensation by $32,000, from $1,239,690 to $1,271,690, for the contract’s first renewal period that ended June 30, 2014.  The amendment also revised the compensation terms from “subject to negotiation each renewal year” to “limited to the amount of funds allocated to provide these services.”  The Department advised that compensation for the second renewal period (FY 2015) was limited to $1,396,080.  On June 1, 2015, the Council approved the second amendment to the agreement, which extended the contract for an additional 1-year period through June 30, 2016 and provided the option to renew for one additional 1-year period through June 30, 2017.  Compensation was limited to $1,487,114 for FY 2016 and estimated to total $1,561,469 for FY 2017.   On July 3, 2017,  the Council  approved  the  third  amendment  to the agreement, which

FM-1 (Contract Amendment) (cont’d)                                                                             April 2, 2018

 

extended the contract for an additional 1-year period through June 30, 2018. Compensation was limited to $2,670,712 for FY 2018.

 

The proposed fourth amendment commences July 1, 2018 and extends the current contract for a period not to exceed the earlier of the date a new agreement is executed pursuant to a forthcoming Request for Proposal, or December 31, 2018, and provides for a maximum compensation of $1,507,220 for the 6-month period. The compensation will be prorated if a new contract is executed earlier than December 31, 2018. Estimated compensation for the entire 6-year and 3-month term, including this 6-month extension period, increases by $1,507,220, from $9,181,361 to $10,688,581.  All other terms and conditions remain the same.  The County may terminate the agreement by providing 30 days prior written notice.

 

The County awarded the original contract through a competitive procurement process; Community Assistance Network, Inc. was the only contractor to submit a bid for the operation of these two shelters.  The Department advised that as of March 22, 2018, $7,081,803 has been expended under this contract.

 

The County also owns the Hannah More Shelter in Reisterstown; St. Vincent de Paul of Baltimore, Inc. operates this shelter.  FM-2 on this agenda is for a similar amendment with the contractor. The Westside Men’s Shelter was replaced in 2015.  The Department advised that the contracts to operate the homeless shelters have been extended in recent years in order to provide stability and continuity in management while the new EFRC was constructed.  The Department also advised that the County has issued a bid solicitation for the operation of all three shelters in FY 2019; bid responses are due March 29, 2018.  The Department further advised that potential contractors will be able to tour all three shelters, understand the expanded scope of work, and consider bidding to operate all three of the County-owned shelters.

 

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….”

 

 

 

 

 

Andrea Van Arsdale                                  Fiscal Note                                                  April 2, 2018

 

FM-2 (Contract Amendment)                                                                 Council District(s) __All__

 

 

Department of Planning

 

Operation of Hannah More Shelter

 

 

The Administration is requesting a third amendment to a contract with St. Vincent de Paul of Baltimore, Inc. to continue to operate the Hannah More Shelter in Reisterstown for homeless women and families.  The proposed amendment, which commences July 1, 2018, extends the current contract for a period not to exceed the earlier of the date a new agreement is executed pursuant to a forthcoming Request for Proposal, or December 31, 2018, and provides for a maximum compensation of $410,442 for the 6-month period. The compensation will be prorated if a new contract is executed earlier than December 31, 2018.  Estimated compensation for the entire approximate 6-year and 1½-month term, including this 6-month extension period, increases by $410,442, from $4,167,842 to $4,578,284. The contract commenced November 12, 2012 and was extended in 2015 and 2017.  See Exhibit A.

 

Fiscal Summary

 

Funding

Source

Contract

Amendment

 

Current

Total Compensation

Amended

Total Compensation

County (1)

$          410,442 $         4,059,808

$          4,470,250

State (2)

                      — 108,034

108,034

Federal

                      —  —

Other

                      —

Total

$          410,442 (3) $         4,167,842 $          4,578,284 (4)
 

(1) General Fund Operating Budget.

(2) Maryland Department of Human Resources funds.

(3) Maximum compensation for the additional 6-month period.  The Department expects a new contract to take effect by December 31, 2018.

(4) Estimated compensation for the entire approximate 6-year and 1½-month term, including the 6-month extension period.

 

 

 

FM-2 (Contract Amendment) (cont’d)                                                                             April 2, 2018

 

Analysis

 

The contractor will continue to operate the 24-hours-per-day, year-round Hannah More Shelter, a County-owned, 85-bed facility that accommodates single women and one- or two-parent families with children.  The contractor is responsible for providing residents with a safe, supportive, and sanitary environment; three meals per day; sleeping accommodations, bathrooms, and common areas; and access to services that address the root causes of homelessness.  All services are provided using a trauma-informed service delivery model that focuses on healing clients and helping them cope with the life-altering effects of homelessness while also emphasizing rapid rehousing into permanent or transitional housing.  Individuals also participate in the Homeless Management Information System and the annual Point in Time Survey.  The Department advised that the Hannah More Shelter served 382 individuals in FY 2017 and anticipates serving 380 individuals in FY 2018.

 

On October 1, 2012, the Council approved the original approximate 2-year and 10½-month contract, which commenced November 12, 2012.  Compensation was limited to $423,018 for the initial approximate 7½-month term; $688,458 for the first renewal period; and $709,113 for the second renewal period, for a total of $1,820,589 for the entire approximate 2-year and 10½-month term, including the renewal and extension periods.  On June 1, 2015, the Council approved the first amendment to the agreement, which extended the contract for an additional 1-year period through June 30, 2016, and provided the option to renew the agreement for an additional 1-year period through June 30, 2017.  Compensation was limited to $744,569 for FY 2016 and $781,797 for FY 2017.  On July 3, 2017, the Council approved the second amendment to the agreement, which extended the contract for an additional 1-year period through June 30, 2018.  Compensation was limited to $820,887 for FY 2018.

 

The proposed third amendment commences July 1, 2018, and extends the contract for a period not to exceed the earlier of the date a new agreement is executed pursuant to a forthcoming Request for Proposal, or December 31, 2018.  Compensation may not exceed $410,442 for the 6-month extension period.  The compensation will be prorated if a new contract is executed earlier than December 31, 2018. Estimated compensation for the entire approximate 6-year and 1½-month term, including this 6-month extension period, increases by $410,442, from $4,167,842 to $4,578,284.  All other terms and conditions remain the same.  The County may terminate the agreement by providing 60 days prior written notice.

 

 

FM-2 (Contract Amendment) (cont’d)                                                                             April 2, 2018

 

The County awarded the original contract through a competitive procurement process based on price and program services from two bids received.  The Department advised that as of March 22, 2018, $3,674,182 has been expended under this contract.

 

The County owns two other homeless shelters, the Westside Men’s Shelter and the Eastside Family Shelter; Community Assistance Network, Inc. operates these shelters.  FM-1 on this agenda is for a similar amendment with the contractor.  The Westside Men’s Shelter was replaced in 2015, and the Eastside Family Shelter is located in the new Eastern Family Resource Center, which opened in October 2017.  The Department advised that the contracts to operate the homeless shelters have been extended in recent years in order to provide stability and continuity in management while the new Eastern Family Resource Center was constructed.  The Department also advised that the County has issued a bid solicitation for the operation of all three shelters in FY 2019; bid responses are due March 29, 2018.  The Department further advised that potential contractors will be able to tour all three shelters, understand the expanded scope of work, and consider bidding to operate all three of the County-owned shelters.

 

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….”

 

 

 

 

Council                                                           Fiscal Note                                                    April 2, 2018

 

 

MB-2 (Res. 28-18)                                                                                        Council District(s) __1__

 

 

Mr. Quirk

 

 

Support of Designation – Arts and Entertainment District – Arbutus-Catonsville Area

 

 

Resolution 28-18 supports the designation by the Maryland State Arts Council of an Arts and Entertainment District in the Arbutus-Catonsville area.

 

An Arts and Entertainment District is a geographically designated area in which a high concentration of arts and entertainment facilities and programs serve as anchor attractions that stimulate neighborhood revitalization, improve the attractiveness of areas, enhance business activity, attract residents and visitors, and build the tax base.  Additionally, the Patapsco area in southwest Baltimore County is rich in cultural assets, including performance and gallery spaces at UMBC, the Baltimore County Arts Guild, and the Lurman Woodland Theater, as well as community performing and visual arts spaces and programs.

 

The majority of the proposed Arts and Entertainment District parallels previously designated Arbutus and Catonsville Commercial Revitalization Districts, whose mission is to improve and enhance the economic activity and vibrancy of these older commercial areas.

 

If the Secretary of the Maryland Department of Commerce approves the Arts and Entertainment District designation, Baltimore County will provide the following incentives to qualifying entities located in the Arbutus and Catonsville Commercial Revitalization Districts:

 

  1. Exemption of Admission and Amusement Tax on gross receipts from any admissions or amusement charge levied by an arts and entertainment enterprise located within the Arts and Entertainment District, for the duration of the Arts and Entertainment District’s State designation.

 

  1. Interest-free or low-interest loans up to $30,000 for exterior improvements to commercial buildings located in a Commercial Revitalization District.

 

 

MB-2 (Res. 28-18) (cont’d)                                                                                                  April 2, 2018

 

 

  1. A 5-year, 100% real property tax credit if improvements to a property located in a Commercial Revitalization District increase the assessed property value by $100,000 or more.

 

  1. A 10-year, 100% real property tax credit if improvement costs for a property located in a Commercial Revitalization District exceed $10 million.

 

  1. Availability of Commercial Revitalization District real property tax credits and loans is by separate authorization of the County Council.

 

A map of the proposed District is attached to the Resolution. Upon Council approval, the Resolution will be submitted to the Maryland Department of Commerce for approval.

 

 

 

 

 

 

 

 

 

 

 

BALTIMORE COUNTY COUNCIL

NOTES TO THE AGENDA

APPENDIX A