Baltimore County Council Agenda – WS May 1, 2018 | LS May 7, 2018

BALTIMORE COUNTY COUNCIL

NOTES TO THE AGENDA

LEGISLATIVE SESSION 2018

 

Issued:        April 26, 2018

Work Session:       May 1, 2018

Legislative Day No.   9  :     May 7, 2018

 

The accompanying notes are

compiled from unaudited

information provided by

the Administration and

other sources.

 

OFFICE OF THE COUNTY AUDITOR

BALTIMORE COUNTY COUNCIL

May 7, 2018

NOTES TO THE AGENDA

 

TABLE OF CONTENTS

 

PAGE

LEGISLATIVE SESSION

 

Witnesses………………………………………………………………… ii

 

BILLS – FINAL READING

 

Bill 25-18…………………………………………………………………… 1

Bill 26-18…………………………………………………………………… 8

 

 

FISCAL MATTERS

 

FM-1……………………………………………………………………….. 10

 

 

MISCELLANEOUS BUSINESS

 

MB-2 (Res. 34-18)…………………………………………………… 14

 

 

APPENDIX

 

Correspondence (1) (a)……………………………………………. 18

 

 

i

 

BALTIMORE COUNTY COUNCIL AGENDA

LEGISLATIVE SESSION 2018,  LEGISLATIVE DAY NO.  9

MAY 7, 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

 

 

DAVE THOMAS, DEPARTMENT OF PUBLIC WORKS

1               Bill 25-18 – All Councilmembers – 2018 Basic Services Maps

 

COUNCIL

8               Bill 26-18 – Mrs. Bevins – Buildings and Housing – Rental Housing Licenses – Limitations

 

 

APPROVAL OF FISCAL MATTERS/CONTRACTS

 

 

KEITH DORSEY, DIRECTOR, DEPARTMENT BUDGET AND FINANCE

10             1.  Contracts – (3) – Temporary Staffing Services – OBF

 

MISCELLANEOUS BUSINESS

 

COUNCIL

18             1.  Correspondence –  (a)(2) – Non-Competitive Awards (March 29, 2018)

 

STEVE WALSH, DIRECTOR, DEPARTMENT OF PUBLIC WORKS

14             2.  Res. 34-18 – Mr. Jones(By Req.) – Designation of Residential Permit Parking Area Expansion “A”–Eastern

Area of Towson

 

COUNCIL

  1. Res. 35-18 – Mr. Jones – Property Tax Exemption – DAV – Vitaly Gutkin

 

ii

 

Dave Thomas                                               Fiscal Note                                                     May 7, 2018

 

 

Bill 25-18                                                                                                     Council District(s) __All__

 

 

All Councilmembers

 

 

Department of Public Works

 

 

2018 Basic Services Maps

 

 

Article 4A of the Baltimore County Zoning Regulations sets out the provisions for growth management in Baltimore County.  The growth management provisions are designed to facilitate implementation of the Master Plan with specific regard to the quantity and timing of new growth and development.  Section 4A02.1 provides that:

 

“The County Council finds that important public facilities in certain predominantly urban areas of the County are inadequate to serve all of the development that would be permitted under the regulations of the zones or commercial districts within which those areas lie.  Basic Services Maps are hereby established to regulate nonindustrial development in those under-served areas to a degree commensurate with the availability of these facilities.  Basic Services Maps are not permanent and will be reviewed annually with reports to the County Council.”

 

Basic Services Maps are designed to aid the County in providing public services (water, sewer and transportation) in an amount that facilitates the level of growth allowed by the current zoning.  This growth management system applies inside the Urban Rural Demarcation Line (URDL).

 

Article 4A requires that the three Basic Services Maps be prepared annually by the appropriate Executive agencies, and thereafter the Planning Board must recommend to the County Council any proposed annual revisions to the maps.  The law requires the Council to take action on the maps after consideration of the recommendations of the Planning Board.  The Council is required to hold one public hearing prior to the adoption of the maps; the hearing was held on April 2, 2018.

 

Bill 25-18 repeals the 2017 Basic Services Maps and enacts the 2018 Basic Services Maps.  Attached is a summary of the changes proposed by the Planning Board on February 16, 2018.  See Exhibit A.

Bill 25-18                                                                                                                                May 7, 2018

With the affirmative vote of five members of the County Council and signature by the County Executive, Bill 25-18 will take effect on May 21, 2018.

 

Council                                                           Fiscal Note                                                     May 7, 2018

 

Bill 26-18                                                                                                     Council District(s) __All__

 

Mrs. Bevins

 

Buildings and Housing – Rental Housing Licenses – Limitations

 

 

In 2007, the County Council passed Bill 87‑07, which expanded an initial pilot program to be applied County-wide, requiring that all buildings or portions of a building that contain one to six dwelling units intended or designed to be rented, leased, let, or hired out to be occupied for living purposes, be registered and licensed with Baltimore County.  The purpose was to establish a licensing program in the County in order to create an additional procedure for the enforcement of County codes and regulations to protect and promote public safety, health, and welfare.

 

This registration and licensing program also set forth a number of exemptions to the application of the program, including the following: (1) certain owner-occupied dwellings with additional persons related to the owner and one additional person without regard to the relation to the owner; (2) dwellings with seven or more dwelling units; (3) apartment complexes; (4) group houses (a group of not less than three attached dwelling units); (5) dwelling units exempted as required by federal or state law or regulation; (6) dwelling units occupied by a former owner who continues to reside there and pays rent to the new owner for up to 12 months; (7) dwellings occupied by an owner and another individual who is paid as a type of caregiver such as a nurse or nanny; (8) certain persons living in the dwelling (not owner-occupied) related to the owner and one additional individual who is not a minor and not related; (9) dwellings listed on the National Register of Historic Places, the County inventory, the County’s Preliminary Landmarks List, or Final Landmarks List; and (10) dwellings that are not connected to public water and sewer.

 

Bill 26-18 limits the exemptions by removing several of these exemptions from the aforementioned list.  As set forth in the Bill, “group houses” and “dwellings that are not connected to public water and sewer” will no longer be exempt from the registration and licensing program and will be required to comply.  In addition, the exemptions for certain owner-occupied dwellings with additional persons related to the owner and one additional person without regard to the relation to the owner, and dwellings not occupied by the owner but occupied by persons related to the owner, have been limited.  The relationship “by blood, marriage, or adoption to or under the legal custody of the owner” for these exemptions has been narrowed to apply to individuals related as “grandparents, parents, children, or grandchildren” to the owner.

Bill 26-18                                                                                                                                May 7, 2018

 

 

Upon the affirmative vote of five members of the County Council, Bill 26-18 will take effect on May 21, 2018.

 

Keith Dorsey                                               Fiscal Note                                                   May 7, 2018

 

 

FM-1 (3 Contracts)                                                                                        Council District(s)    3 _

 

Office of Budget and Finance

Temporary Staffing Services

The Administration is requesting approval of three contracts to provide temporary staffing services, as needed, for the Central Acceptance Facility (CAF) located in Cockeysville.  The three contractors are Aerotek, Inc., GRS, LLC d/b/a Just Temps, and TrueBlue Enterprises, Inc. (through its wholly-owned subsidiary, PlaneTechs, LLC d/b/a TransTechs).  The contractors will supply Production Mechanic(s) II, Electricians, and Production Operators, as needed. The contracts commenced January 1, 2018, continue until May 31, 2018, and may not exceed $25,000 unless approved by the Council.  If approved, the contracts will continue through December 31, 2018.   The contracts do not specify a maximum compensation for the 1-year term.  Compensation for all contractors combined is limited to the amount appropriated for these services.  Estimated compensation for all contractors combined totals $274,000 for the 1-year term.  See Exhibit A.

                                                                      Fiscal Summary

 

Funding Source   Combined

Total Compensation

  Notes
County (1)   $           274,000   (1) General Fund Operating Budget.

(2) Estimated compensation for the three contractors combined for the 1-year term.  The contracts do not specify a maximum compensation for the 1-year term.  Compensation may not exceed the amount appropriated for these services.

 

State
Federal
Other
Total $           274,000 (2)

 

 

Analysis

 

On August 7, 2017, the Council approved a transfer agreement, which commenced July 1, 2017, between Tito Contractors, Inc., Maryland Environmental Service (MES), and the County to provide general and skilled labor services at  the  CAF  located  in  Cockeysville.  The transfer agreement

FM-1 (3 Contracts)                                                                                                              May 7, 2018

 

assigned the pre-existing contract from MES to the County with the consent of Tito Contractors, Inc., since the County took over the operations of the CAF effective July 1, 2017. The Department of Public Works previously advised that the County will use the contract with Tito Contractors, Inc. as a temporary measure in order to ensure operations continue while it assesses the services offered by other temporary staffing contractors.  The Office advised that Tito Contractors, Inc. does not supply certain skilled labor that is needed.   As of April 11, 2018, the County’s financial system indicated $206,579 has been expended under the County’s contract with Tito Contractors, Inc.

 

The three contractors will provide the following temporary staffing services, as needed:  Production Mechanic(s) II, Electricians, and Production Operators. The County will provide all equipment, tools, and safety apparel necessary for the temporary positions to perform the services requested.  The Office advised that the three position classifications were filled by MES employees prior to the County taking over the CAF operations and since then, the duties of these positions have been provided by County employees as needed.  The Office also advised that resumes are currently being reviewed for open positions that may start prior to Council approval of the contract.

 

The contractors’ hourly rates by position are as follows:

 

Aerotek, Inc.   Just Temps   TransTechs
 

 

Position

 

Hourly

Rate

Overtime/

Holiday

Rate

 

Hourly

Rate

Overtime/

Holiday

Rate

 

Hourly

Rate

Overtime/

Holiday

Rate

Production Mechanic II $47.50 $71.25 $58.00 $34.57 $48.41
Electrician $51.30 $76.95 $52.00 $40.45 $56.63
Production Operator $27.20 $40.80 $33.00 $28.69 $40.16

 

The Office advised that in the event the County hires a temporary employee within 6 months of their assignment, a settlement fee will be paid to the contractor based on the percentage of the temporary position’s yearly salary or based on a flat fee tied to the number of months worked, depending on the contractor.

 

The contracts commenced January 1, 2018, continue until May 31, 2018, and may not exceed $25,000 unless approved by the Council.  If approved, the contracts will continue through December 31, 2018.    The contracts do not specify a maximum compensation for the 1-year term.  Compensation  for  all  contractors  combined  is  limited  to  the  amount  appropriated for these

FM-1 (3 Contracts)                                                                                                              May 7, 2018

 

services.  Estimated compensation for all contractors combined totals $274,000 for the 1-year term.  The County may terminate the agreements by providing 30 days prior written notice.

 

The Office requested that the proposed contracts be designated as non-competitive 902(f)  contracts secured in the best interest of the County.    County Charter, Section 902(f), states that “when…[competitive] bidding is not appropriate, a contract shall be awarded only by competitive negotiations, unless such negotiations are not feasible.  When neither competitive bidding nor competitive negotiations are feasible, contracts may be awarded by noncompetitive negotiations.”

 

The Office advised that the Purchasing Division will be soliciting a long-term contract for temporary staffing services.

 

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                                                      May 7, 2018

 

 

MB-2 (Res. 34-18)                                                                                        Council District(s) __5__

 

 

Mr. Jones (By Req.)

 

 

Department of Public Works

 

Designation of Residential Permit Parking Area Expansion “A” – Eastern Area of Towson

 

 

Article 18, Title 2, Subtitle 4 of the County Code authorizes the establishment of a residential parking area on residential streets in certain residential zones. At least 65% of the dwelling units in a proposed area must petition the Director of Public Works who then conducts a study to determine if the proposed area meets the criteria of the statute. A public meeting must be held, and the recommendation of the Director is forwarded to the County Council for action.

 

Residential Parking Permit “A” was established by the Council by Resolution 54-80.  The area currently includes 520 homes, shown on the attached map (Exhibit A) within the “Existing Area A.”  Resolution 34-18 proposes to add 109 homes to the area, shown on the attached map as the “Proposed Area”; these homes are located on Worcester, Aintree, Hastings, Coventry, Yarmouth, York, and Wilton Roads.

 

According to the Administration, this expansion of Area “A” will allow the residents to have a reasonable probability of parking in front of their homes by removing long-term commuters from this area. Current heavy on-street parking caused by Towson University students make it extremely difficult for residents to have the ability to park near their homes during the daytime hours.

 

This extension has been requested by petition of area residents. The Department of Public Works conducted the studies required under Article 18, Section 2-401 and found that the requirements for the recommended expansion have been met. The required public hearing was held on December 5, 2017 to discuss the findings of the study and to allow for public input. The recommendations of the Department of Public Works have been shared with the community.

 

Following the creation of the permit parking area, the Department of Public Works will place the necessary signs on the affected streets to prohibit parking of non-permit vehicles at certain hours.

MB-2 (Res. 34-18)                                                                                                                May 7, 2018

 

Residents of the area may obtain a parking permit from the Department of Permits, Approvals and Inspections.  No fee is required for a resident 65 years of age or older. The cost of the issuance of permits is covered by the fees assessed by the Department.

 

This resolution will take effect on the date of its passage by the County Council.

 

BALTIMORE COUNTY COUNCIL

NOTES TO THE AGENDA

APPENDIX A