BALTIMORE COUNTY COUNCIL
NOTES TO THE AGENDA
LEGISLATIVE SESSION 2018
Issued: May 10, 2018
Work Session: May 15, 2018
Legislative Day No. 10 : May 24, 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 24, 2018
NOTES TO THE AGENDA
TABLE OF CONTENTS
PAGE
LEGISLATIVE SESSION
Witnesses………………………………………………………………… ii
BILLS – FINAL READING
Bill 27 -18………………………………………………………………….. 1
Bill 28-18…………………………………………………………………… 3
Bill 29-18…………………………………………………………………… 4
Bill 30-18…………………………………………………………………… 5
Bill 31-18…………………………………………………………………… 6
FISCAL MATTERS
FM-1…………………………………………………………………………. 8
FM-2……………………………………………………………………….. 12
FM-3……………………………………………………………………….. 15
FM-4……………………………………………………………………….. 18
FM-5……………………………………………………………………….. 21
FM-6……………………………………………………………………….. 30
FM-7……………………………………………………………………….. 34
MISCELLANEOUS BUSINESS
MB-2 (Res.40-18)……………………………………………………. 36
MB-3 (Res.41-18)……………………………………………………. 37
MB-4 (Res.42-18)……………………………………………………. 41
APPENDIX
Correspondence (1) (a)……………………………………………. 43
Correspondence (1) (b)……………………………………………. 44
i
BALTIMORE COUNTY COUNCIL AGENDA
LEGISLATIVE SESSION 2017, LEGISLATIVE DAY NO. 10
May 24, 2018 10:00 A.M.
CEB = CURRENT EXPENSE BUDGET
BY REQ. = AT REQUEST OF COUNTY EXECUTIVE
Page
CALL OF BILLS FOR FINAL READING AND VOTE
TIM SHERIDAN, COURT ADMINISTRATOR, CIRCUIT COURT
1 Bill 27-18 – Mr. Jones(By Req.) – CEB – Circuit Court Security Grant
COUNCIL
3 Bill 28-18 – Mr. Kach – Medical Cannabis Dispensaries – Location
4 Bill 29-18 – Mr. Crandell – Zoning Regulations – Commercial Recreational Facilities
5 Bill 30-18 – Mrs. Bevins – Zoning Regulations – Uses in Certain B.L. Zones
6 Bill 31-18 – Mr. Marks – County Attorney – Significant Litigation
APPROVAL OF FISCAL MATTERS/CONTRACTS
WILL ANDERSON, DIRECTOR, DEPARTMENT ECONOMIC AND WORKFORCE DEVELOPMENT
8 1. Contract – C. H. Johnson Consulting, Inc. – Consulting svcs.-Strategic Plan – Tourism Industry – DEWD
ANDREA VAN ARSDALE, DIRECTOR, DEPARTMENT OF PLANNING
12 2. Contract – Berean Contracting and Construction, LLC – Elevation services-Residential structure-1440
Burke Rd., 21220-DP
KEITH DORSEY, DIRECTOR, OFFICE OF BUDGET AND FINANCE
15 3. Amendments to Contracts – (3) – Temporary personnel services – OBF
18 4. Contracts – (3) – Qualified custodial services – OBF
STEVE WALSH, DIRECTOR, DEPARTMENT OF PUBLIC WORKS
21 5. Addendum#4 to Contract – Gannett Fleming, Inc. – Engineering services – DPW
30 6. Contract – Baker Tilly Virchow Krause, LLP – Financial and performance analysis services-DPW
MIKE FIELD, COUNTY ATTORNEY, OFFICE OF LAW
34 7. Contract – Elaine C. Katz – Executive Director – Baltimore County Ethics Commission – LAW
MISCELLANEOUS BUSINESS
- GREGORY BRANCH, DIRECTOR, HEALTH DEPARTMENT
36 2. Res. 40-18 – Mr. Jones (By Req.) – Authorize donation – Deterra Drug Deactivation Systems – CADCA
WALLY LIPPINCOTT, DEPARTMENT OF PLANNING
37 3. Res. 41-18 – Mr. Jones (By Req.) – Rank (5) Rural Legacy Area Plan applications
COUNCIL
43 1. Correspondence – (a)(1) – Non-Competitive Awards (April 12, 2018)
(b)(2) – Non-Competitive Awards (April 19, 2018)
41 4. Res. 42-18 – Mr. Quirk – County Administration – Health insurance coverage for county employees-
prescription contraceptives
- Res. 43-18 – Mrs. Almond – Property Tax Exemption – DAV – Charles E. Way
ii
Tim Sheridan Fiscal Note May 24, 2018
Bill 27-18 (Supplemental Appropriation) Council District(s) _5_
Mr. Jones (By Req.)
Circuit Court
Circuit Court Security Grant
The Administration is requesting a supplemental appropriation of State funds totaling $21,720 to the Circuit Court Security Grant Gifts and Grants Fund program. The funds will be used to enhance the security features of an existing entry door to the Clerk of the Court’s Juvenile Department.
Fiscal Summary
FundingSource |
Supplemental Appropriation | Current
Appropriation |
Total
Appropriation |
||||
County |
— | — | — | ||||
State (1) |
$ 21,720 | $ 10,550 | $ 32,270 | ||||
Federal |
— | — | — | ||||
Other |
— | — | — | ||||
Total |
$ 21,720 | $ 10,550 | $ 32,270 | ||||
(1) Maryland Judiciary, Administrative Office of the Courts (AOC) funds. No County matching funds are required. |
Analysis
The proposed grant funds will be used to enhance the security features of an existing entry door to the Clerk of the Court’s Juvenile Department. The Circuit Court advised that the security enhancement includes moving an existing internal door and installing a pass-thru customer service ballistic window, associated hardware, and countertop. The Circuit Court also advised that an on-call County contractor will perform the work, which is expected to begin July 9, 2018 and be completed July 23, 2018.
Bill 27-18 (Supplemental Appropriation) May 24, 2018
The grant period is February 22, 2018 through April 1, 2019 with an option to extend for an additional 1-year term at the sole discretion of the Administrative Office of the Courts. The grant requires all funds to be expended by the end of the grant period. No County matching funds are required for this grant.
On July 3, 2017, the Council approved a $10,550 supplemental appropriation to upgrade the existing duress (silent) alarm system in the County Courts Building.
With the affirmative vote of five members of the County Council, Bill 27-18 will take effect June 5, 2018.
Council Fiscal Note May 24, 2018
Bill 28-18 Council District(s) __All__
Mr. Kach
Medical Cannabis Dispensaries – Location
The County Council passed Bill 61-15 to regulate the location of state-licensed medical cannabis growing, processing, and dispensing facilities. At the time, none of these uses were defined or regulated by the Baltimore County Zoning Regulations. The need for the bill was driven by state legislative action that decriminalized the use or possession of marijuana and authorized the use of marijuana for medical purposes.
A medical cannabis dispensary is permitted in certain zones by right and in certain zones by special exception, however, a medical cannabis dispensary may not be located:
- within 500 feet of a public or private elementary school, middle school, or high school; or
- within 2,500 feet of another medical cannabis dispensary.
Bill 28-18 proposes to prohibit the location of a dispensary also within 500 feet of a day care center.
With the affirmative vote of five members of the County Council and signature by the County Executive, Bill 28-18 will take effect on June 6, 2018.
Council Fiscal Note May 24, 2018
Bill 29-18 Council District(s) __All__
Mr. Crandell
Zoning Regulations – Commercial Recreational Facilities
Bill 29-18 amends the definition of the term “Commercial Recreational Facilities” found in the Baltimore County Zoning Regulations in order to update the definition and include additional uses within the term.
By amending the term Commercial Recreational Facilities, the bill captures new uses characterized as “experiential retail.” The bill recites in the “WHEREAS” clauses that the retail industry is currently undergoing a major transformation, as e-commerce has unsettled the traditional brick-and-mortar store model and has given rise to new modes of “experiential retail.” Experiential retail is giving the retail industry an opportunity, often through the use of technology to enhance one’s retail shopping experience, but just as often through a physical activity that cannot easily be done in one’s home, to provide consumers not just with a product to buy, but with an experience or a memory to enjoy and share.
In that vein, Bill 29-18 adds the uses children’s play center, trampoline park, climbing center, or similar facility to the definition of the term Commercial Recreational Facility. In addition, because the use “Commercial Recreational Enterprise” is listed in the Regulations as a similar use, but is not a specifically defined term, the bill includes that use under the definition of Commercial Recreational Facility. The bill also allows Commercial Recreational Facilities by right in the B.R. (Business, Roadside) Zone and by right in the M.L. (Manufacturing, Light) Zone under certain conditions.
Finally, the bill sets forth the parking requirements for these new “experiential retail” uses.
Upon the affirmative vote of five members of the County Council and signature by the County Executive, Bill 29-18 shall take effect on June 6, 2018.
Council Fiscal Note May 24, 2018
Bill 30-18 Council District(s) __All__
Mrs. Bevins
Zoning Regulations – Uses in Certain B.L. Zones
Bill 30-18 adds a section to the B.L. (Business, Local) Zone Use Regulations set forth in the Baltimore County Zoning Regulations for uses in B.L. Zones nearby the M43 District. The M43 District was created in 2002 to implement the Middle River Employment Center Area Plan, Part One, which was adopted as an amendment to the Baltimore County Master Plan 2010. The Middle River Employment Center Area includes a large amount of contiguous land with industrial zoning that has recently been developed, is in the process of being developed, or is currently undeveloped. Much of the land in the Middle River Employment Center Area is accessible as a result of the extension of Maryland Route 43 from Eastern Boulevard to White Marsh.
The bill provides generally that all uses permitted under Sections 253.1.A through H (uses permitted by right in the M.L. (Manufacturing, Light) Zone) and 253.2.B through E (uses permitted by special exception in the M.L. Zone) of the Regulations shall be permitted, by right or by special exception as applicable, on any tract of land: (1) that is within the URDL, (2) that is zoned B.L. as of April 16, 2018, (3) having at least a portion of its boundaries within 1,250 feet of a property that is zoned M.L.-I.M. (Industrial, Major)-M43 as of April 16, 2018, and (4) that is under common ownership or control with at least 800 acres of the property zoned M.L.-I.M.-M43.
Upon the affirmative vote of five members of the County Council and signature by the County Executive, Bill 30-18 shall take effect on June 6, 2018.
Council Fiscal Note May 24, 2018
Bill 31-18 Council District(s) __All__
Mr. Marks
County Attorney – Significant Litigation
Bill 31-18 requires the County Attorney to provide periodic reports of significant litigation to the County Council, and also requires notification to the Council of a proposed settlement of certain significant litigation.
The bill defines “significant litigation” as any matter or dispute involving the County or an employee for which the monetary demand exceeds $100,000 or for which the County or the County Council is demanded to take or continue a certain action or practice or to discontinue a certain action or practice the duration of which is one year or longer. Significant litigation does not include the dispute resolution procedures set forth in Article 4, Title 5, Subtitles 4 and 5 of the County Code.
The bill defines a “settlement” as an agreement by which parties having disputed matters between them reach or ascertain a satisfaction of the obligations or conduct of the parties from one to the other; a determination by agreement; or a liquidation. A settlement may include but not be limited to an agreement of a monetary payment from or to the County, the entering into of any type of consent or other decree, a conciliation agreement, or any other type of instrument or agreement for which the County or the County Council is required to take or continue a certain action or practice or to discontinue a certain action or practice.
Bill 31-18 essentially has two components. First, the bill requires the County Attorney to provide to the County Council an annual report due on December 31st of each year that provides a listing and summary of significant litigation. Second, the bill requires that prior to the County’s approval of a settlement of significant litigation that also requires legislative action by the County Council as part of the settlement, the County Attorney shall provide written notification to each Councilmember of the County’s intent to approve the settlement. The County Attorney may proceed to approve the settlement unless within seven days after receipt of the notice, a Councilmember requests in writing that the proposed settlement be placed on a Council agenda for a vote at a legislative meeting.
Bill 31-18 May 24, 2018
Upon the affirmative vote of five members of the County Council and signature by the County Executive, Bill 31-18 shall take effect on June 6, 2018.
Will Anderson Fiscal Note May 24, 2018
FM-1 (Contract) Council District(s) All_
Department of Economic and Workforce Development
Consulting Services – Strategic Plan – Tourism Industry
The Administration is requesting approval of a contract with C.H. Johnson Consulting, Inc. to provide consulting services to develop a strategic plan for the County’s tourism industry. The contract commenced April 1, 2018, continues through June 30, 2018, and may not exceed $25,000 unless approved by the Council. If approved, the contract will continue through the acceptance of the final report, which has a final delivery date at the end of June 2018. Compensation may not exceed $74,500. See Exhibit A.
Fiscal Summary
Funding Source |
Maximum Compensation |
Notes |
|||
County (1) |
$ 74,500 | (1) General Fund Operating Budget – Tourism Program.
(2) Maximum compensation through project completion.
|
|||
State |
— | ||||
Federal |
— | ||||
Other |
— | ||||
Total |
$ 74,500 | (2) |
Analysis
The contractor will provide consulting services to develop a strategic plan for the County’s tourism industry. In developing the plan, the contractor will address the following primary questions:
- What are the existing tourism assets and what are the strengths, weaknesses, opportunities, and threats for the existing tourism industry?
- What is the “economic opportunity” of the regional tourism industry for Baltimore County?
- What strategy and proven models should the County consider over the next several years to drive maximum economic, fiscal, and workforce impact from regional tourism?
FM-1 (Contract) May 24, 2018
The contractor’s study will include the following:
- Inventory the existing main tourism sectors. Included in this inventory will be an analysis on history, historical growth performance, estimated revenue impact, attendance and employment in various tourism subsectors (e.g., marinas, parks, restaurants).
- Identify new and emerging tourism trends over the next 5 years within the County and neighboring counties.
- Provide a strategic plan connecting the County’s existing and emergent tourism assets with the County’s population centers and neighboring jurisdictions.
- Provide a Return on Investment (ROI) analysis which demonstrates costs and potential returns for the County’s investments in recommended tourism initiatives.
- Develop economic and workforce projections on tourism trends for specific sectors and subsectors.
The contractor will provide recommendations and priority actions for implementation.
The contract commenced April 1, 2018, continues through June 30, 2018, and may not exceed $25,000 unless approved by the Council. If approved, the contract will continue through the acceptance of the final report, which has a final delivery date at the end of June 2018. Compensation may not exceed $74,500. The County may terminate the agreement by providing 30 days prior written notice.
The County awarded the contract through a competitive procurement process. The Department advised that C.H. Johnson Consulting, Inc. submitted the only bid, which was deemed qualified.
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 May 24, 2018
FM-2 (Contract) Council District(s) __6 _
Department of Planning
Elevation Services – Residential Structure – 1440 Burke Road
The Administration is requesting approval of a contract with Berean Contracting & Construction, LLC to perform home elevation work to protect a residential structure located at 1440 Burke Road in Middle River from flood/storm-related damage. The property owners are David and Sarah Bukowski. The contract commences upon Council approval, continues for 6 months, and may be extended an additional 90 days. Compensation may not exceed $174,900 for the entire 9-month term, including the extension period. See Exhibit A.
Fiscal Summary
Funding Source |
Maximum Compensation |
Notes |
|||
County |
— | (1) U.S. Department of Homeland Security, Federal Emergency Management Agency (FEMA) funds passed through the Maryland Emergency Management Agency (MEMA).
(2) Private funding from homeowner. (3) Maximum compensation for the entire 9-month term, including the extension period.
|
|||
State |
— | ||||
Federal (1) |
$ 131,175 | ||||
Other (2) |
43,725 | ||||
Total |
$ 174,900 | (3) |
Analysis
Berean Contracting & Construction, LLC. will provide all labor, materials, supervision, tools, equipment, and incidentals to perform home elevation services at 1440 Burke Road to protect the home from flood/storm-related damage. Services to be provided include site preparation, home elevation, construction, and utilities systems connections and extensions. The Department advised the estimated project cost is $174,900; the County, by means of the Federal grant, will pay 75% ($131,175) and the homeowner will pay 25% ($43,725) of the cost.
FM-2 (Contract) May 24, 2018
The contract commences upon Council approval, continues for 6 months, and may be extended an additional 90 days on the same terms and conditions. Compensation may not exceed $174,900 for the entire 9-month term, including the extension period. The County may terminate the agreement by providing 30 days prior written notice.
The Department previously advised that the County had $592,923 available for such flood hazard mitigation projects and that five Baltimore County property owners took steps to apply for this funding. On November 20, 2017, the Council approved a contract for home elevation work totaling $168,900 for a property located in Bowleys Quarters. Project costs for the two properties total $343,800. The Department advised that the three remaining property owners are not proceeding with their residence elevation projects.
The Department advised that the homeowner submitted an application to MEMA/FEMA for funding after Hurricane Sandy. MEMA and FEMA approved the application, and the County issued a formal request for bids in November 2015 in order to identify contractors to complete the work. The Department further advised that the solicitation did not attract any bids, and the homeowner identified Berean Contracting & Construction, LLC after the County was unable to find any other contractor whose proposal would not exceed the approved grant funding.
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 May 24, 2018
FM-3 (3 Contract Amendments) Council District(s) __All__
Office of Budget and Finance
Temporary Personnel Services
The Administration is requesting amendments to three contracts, with Abacus Corporation, Gladenia, Inc. dba Swift Staffing, and Premier Staffing Source, Inc., for continued temporary personnel services on an as-needed basis. The proposed amendments increase the maximum compensation for the three contracts combined by $75,000, from $6,700,000 to $6,775,000, for the entire 6-year term, including the renewal periods. The contracts commenced September 4, 2012.
Fiscal Summary
Funding
Source |
Combined Contract
Amendments |
Combined
Current Maximum Compensation |
Combined Amended
Maximum Compensation |
||||
County (1) | $ 75,000 | $ 6,700,000 | $ 6,775,000 | ||||
State | — | — | — | ||||
Federal | — | — | — | ||||
Other | — | — | — | ||||
Total | $ 75,000 | (2) | $ 6,700,000 | $ 6,775,000 | (3) | ||
(1) General Fund Operating Budget. (2) Additional compensation for the three contractors combined for the entire 6-year term, including the renewal periods. (3) Maximum compensation for the three contractors combined for the entire 6-year term, including the renewal periods. |
Analysis
The contractors will continue to provide temporary personnel services for all Baltimore County agencies on an as-needed basis. These temporary personnel are utilized to perform various
FM-3 (3 Contract Amendments) May 24, 2018
duties while vacancies are being filled. The financial system indicated that the County agencies with the highest usage of these services include the Departments of Health and Human Services and Corrections, the Office of Budget and Finance – Property Management Division, and the Office of Human Resources.
The temporary personnel positions are as follows:
- Office Clerk, File Clerk, Account Clerk;
- Receptionist/Clerk, General Clerical, Cashier, Custodial Worker;
- Office Assistant with word processing, Office Coordinator;
- Office Administrator, Legal Secretary, Accountant I; and
- Call Center Representatives, Data Entry Operator, and Laborers.
Unit prices range from $12.25 to $18.75 for the Abacus Corporation contract, from $12.78 to $34.00 for the Swift Staffing contract, and from $11.26 to $31.50 for the Premier Staffing Source, Inc. contract, depending on the position to be filled temporarily. Contract costs are charged to the user agencies as temporary personnel are assigned. The Office advised that agencies are notified of the selected contractors and their hourly rates for services. The contracts provide that each contractor is not guaranteed any minimum amount of work. The Office advised that the amendments are necessary as the need for these services exceeded initial expectations.
On September 4, 2012, the Council approved the original contracts. The proposed amendments increase the maximum compensation for the three contracts combined by $75,000, from $6,700,000 to $6,775,000, for the entire 6-year term, including the renewal periods. All other terms and conditions remain the same. The County may terminate the agreements by providing 30 days prior written notice.
The three contractors were selected through a competitive procurement process based on lowest bids and best qualifications from eight responsive submittals received.
The County’s financial system indicated that as of April 30, 2018, expenditures for the three contracts combined totaled $5,048,250; specifically, $3,034,837 to Swift Staffing, $889,633 to Abacus Corporation, and $1,123,750 to Premier Staffing Source, Inc.
On September 6, 2016, the Council approved three 5-year contracts not to exceed $475,000 combined with Delta-T Corporation, Abacus Corporation, and Premier Staffing Source, Inc. to
FM-3 (3 Contract Amendments) May 24, 2018
provide temporary social workers to maintain continuity of services in the event of position vacancies. As of May 7, 2018, a total of $138,377 combined has been expended under these three contracts. Expenditures to Abacus total $34,933 and expenditures to Premier Staffing Source total $103,444. No expenditures have been made to the Delta-T Corporation.
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 May 24, 2018
FM-4 (3 Contracts) Council District(s) _All_
Office of Budget and Finance
Qualified Custodial Services
The Administration is requesting approval of three contracts to provide custodial services at various County-owned and/or operated buildings. The three contractors are Brooks & Brooks Services, Inc., Multicorp, Inc., and JDG Management d/b/a Citywide Maintenance of Central Maryland (JDG). Each contract commences upon Council approval, continues for 1 year, and will automatically renew for four additional 1-year periods. The contracts do not specify a maximum compensation for the initial 1-year term. Compensation may not exceed $27,980,935 for all three contractors combined for the entire 5-year term, including the renewal periods.
Fiscal Summary
Funding Source | Combined
Maximum Compensation |
Notes | ||
County (1) | $ 27,980,935 | (1) General Fund Operating Budget.
(2) Maximum compensation for all three contractors combined for the entire 5-year term, including the renewal periods. The contracts do not specify a maximum compensation for the initial 1-year term. |
||
State | — | |||
Federal | — | |||
Other | — | |||
Total | $ 27,980,935 | (2) |
Analysis
The contractors will provide cleaning and custodial services (e.g., vacuuming, maintaining floors and rugs, cleaning restrooms, and removing trash) at various County buildings, typically Monday through Friday, excluding County holidays. The bid proposal identified 145 sites for which the County could direct the contractors to proceed with work. The contractors will provide all supervision, labor, equipment, and custodial supplies. Services performed by the contractors are subject to inspection and approval by Property Management personnel. The County will be billed at monthly unit prices ranging from $49.20 (Woodlawn Community Storage Shed) to $38,631.56
FM-4 (3 Contracts) May 24, 2018
(County Courts Building), depending on the building serviced and the contractor. Day porter services may be provided at library branches, senior centers, and police precincts/stations at hourly rates of $22.44 (Brooks & Brooks) and $26.98 (Multicorp, Inc.), depending on the contractor. The County reserves the right to add or delete locations throughout the County and to change the required days and hours as necessary. The County does not guarantee a minimum amount of work to any one contractor; the assignment of work is at the County’s sole discretion. Based on bid responses , Multicorp, Inc. and/or Brooks & Brooks Services, Inc. will service the east side, JDG and/or Brooks & Brooks Services, Inc. will service the west side, and Brooks & Brooks Services, Inc. will service the central area of the County. The Office advised that Property Management’s custodial staff is responsible for servicing 28 County facilities and for providing day porter services at 6 other facilities.
Each contract commences upon Council approval, continues for 1 year, and will automatically renew for four additional 1-year periods on the same terms and conditions, unless the County provides notice of non-renewal. The contracts do not specify a maximum compensation for the initial 1-year term. Compensation may not exceed $27,980,935 for all three contractors combined for the entire 5-year term, including the renewal periods.
Prior to the commencement of each renewal period, the County may entertain a request for an escalation in unit prices for materials used in the contracts 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. In addition, the County will entertain a request for an escalation in labor rates in accordance with minimum wage adjustments that are mandated by State and Federal law. The County may terminate the agreements by providing 30 days prior written notice.
The County awarded the contracts through a competitive procurement process from eight proposals received.
On May 25, 2017, the Council approved temporary 13-month contracts with MSP Superior Services, Inc., Multicorp, Inc., and JDG Management d/b/a Citywide Maintenance of Central Maryland not to exceed an estimated $4,550,000 combined for these services. The County awarded the contracts through a competitive negotiation process. The temporary contracts were put in place to allow time for the County to competitively procure long-term contracts. The
FM-4 (3 Contracts) May 24, 2018
County’s financial system indicated that as of April 27, 2018, $3,360,955 has been expended under the three contracts: $893,575 to MSP Superior Services, Inc., $1,679,798 to JDG Management, and $787,582 to Multicorp Inc.
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 24, 2018
FM-5 (Contract Addendum) Council District(s) 6_
Department of Public Works
Engineering Services
The Administration is requesting a fourth addendum to a contract with Gannett Fleming, Inc. to provide additional construction phase engineering services for the Fullerton Reservoir project due to increased geotechnical evaluations, submittal reviews, and environmental permit requirements. The addendum increases the maximum compensation by $791,839, from $2,243,344 to $3,035,183, for the entire term of the contract, which continues until services are completed. The contract commenced in August 2000. See Exhibit A.
Fiscal Summary
FundingSource |
ContractAddendum |
CurrentMaximum Compensation |
AmendedMaximum Compensation |
||||
County (1) |
$ 321,544 | $ 2,243,344 | $ 2,564,888 | ||||
State |
— | — | — | ||||
Federal |
— | — | — | ||||
Other (2) |
470,295 | — | 470,295 | ||||
Total |
$ 791,839 | (3) | $ 2,243,344 | $ 3,035,183 | (4) | ||
(1) Capital Projects Fund (Metropolitan District). (2) Baltimore City funds. (3) Additional compensation for the entire contract term, which continues until services are completed. (4) Maximum compensation for the entire contract term, which continues until services are completed. |
Analysis
The Fullerton Reservoir project is necessary to provide additional distribution water storage for the eastern portion of Baltimore County. Since August 2000, Gannett Fleming, Inc. has been working on the project design. Under the original plan, the project was to consist of two covered
FM-5 (Contract Addendum) May 24, 2018
water reservoirs having a combined working volume of 32 million gallons and a combined reserve volume of 8 million gallons. The reservoirs were to connect the Fullerton Water Transmission Main and provide uniform pressure to the Fullerton Water Pumping Station.
The Department advised that in 2012, Baltimore City, the agency responsible for approving the reservoir and future filtration plant, unexpectedly informed the County that three reservoirs would be required at the Fullerton Reservoir site rather than two. The City’s justification for the additional reservoir was that the future filtration plant must be capable of operating at capacity if one reservoir was temporarily out of service for maintenance. This decision was made after design costs were incurred for the original two-reservoir plan. The Department also advised that changing the design from two to three reservoirs required a complete redesign of the site layout, site piping, and environmental permitting approvals.
The Department advised that in addition to the project delays resulting from the revised design requirements, it was not until 2013 that Baltimore City and Baltimore County reached a final cost-share agreement. Under the agreement, of the $80.1 million estimated project costs (including $77.6 million in construction costs and $2.5 million for engineering), the City is responsible for funding approximately 59.4% of the construction costs, or $46.1 million, and the County is responsible for funding the remaining $31.5 million.
The Department advised that the three reservoirs will have a combined volume of 62 million gallons and will provide storage of potable water to approximately 145,000 County residents and partial water service to approximately 170,000 City residents; it will also provide uniform pressure to the Fullerton Water Pumping Station, serving additional County and City residents. Construction of the reservoir project began on February 1, 2017 and is expected to be completed in April/May 2020.
The proposed fourth addendum is necessary to provide additional construction phase engineering services due to increased geotechnical evaluations, submitted reviews, and environmental permit requirements. The addendum increases the maximum compensation by $791,839 to $3,035,183 for the entire term of the contract, which continues until services are completed. This addendum also incorporates the contractor’s supplemental proposal for the additional work, revised insurance certificate, and MBE/WBE forms. All other terms and conditions remain the same. The Department advised that as of May 9, 2018, expenditures to the contractor under the project total $2,419,502.
FM-5 (Contract Addendum) May 24, 2018
On August 7, 2000, the Council approved the original 7-year contract with Gannett Fleming, Inc. totaling $848,469 to prepare preliminary and final designs, and provide construction phase engineering services for the Fullerton Reservoir project. On March 29, 2004, the Administrative Officer approved the first addendum (7-day letter) to increase funding by $114,107 to $962,576, to incorporate new stormwater management provisions and disinfection requirements. On July 2, 2007, the Council approved a second addendum to increase the maximum compensation by $90,149 to $1,052,725 due to unanticipated design changes. On August 4, 2017, the Council approved the third addendum increasing the maximum compensation by $1,190,619 to $2,243,344 to provide additional engineering services for the final design due to the major design revisions to include three rather than two reservoirs as originally proposed.
Services are being performed at the engineer’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.
On February 25, 1998, the Professional Services Selection Committee (PSSC) selected the contractor to provide a preliminary study of the Fullerton Reservoir project based on experience and qualifications and continued with the same contractor for the design and construction phases of the project. On October 5, 1998, the Council approved a 1-year contract with the contractor totaling $202,112 to provide the preliminary study services (e.g., hydraulic, storage and tank siting studies) related to the reservoir project.
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 24, 2018
FM-6 (Contract) Council District(s) All_
Department of Public Works
Financial and Performance Analysis Services
The Administration is requesting approval of a contract with Baker Tilley Virchow Krause, LLP to provide financial and performance analysis services for the County. Two immediate tasks are a water utility financial and performance audit at an estimated cost of $60,000 and a Tax Increment Financing (TIF) audit at an estimated cost of $75,000. The contract commenced April 26, 2018, continues until June 30, 2018, and may not exceed $25,000 unless approved by the Council. If approved, the contract will continue through June 30, 2019 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 90 days. The County may request additional financial and performance analysis services during the term of the agreement. Compensation may not exceed the amount appropriated for these services during the entire contract term. The contract does not specify a maximum compensation for the initial approximately 1-year and 5-month term or for the entire approximately 5-year and 5-month term, including the renewal and extension periods. Estimated compensation for the initial term totals $135,000. Compensation is not known at this time for the entire contract term due to the uncertainty of future projects.
FM-6 (Contract) May 24, 2018
Fiscal Summary
Funding Source | Initial
Term |
Total
Compensation |
|||
County (1) | $ 135,000 | $ * | |||
State | — | — | |||
Federal | — | — | |||
Other | — | — | |||
Total | $ 135,000 | (2) | $ * | (3) | |
(1) Metropolitan District Operating Budget and the General Fund Operating Budget. (2) Estimated compensation for the initial approximately 1-year and 5-month term for the two immediate projects. Compensation may not exceed the amount appropriated. The contract does not specify a maximum compensation for the initial term. (3) Compensation may not exceed the amount appropriated for the entire approximately 5-year and 5-month term, including the renewal and extension periods. The contract does not specify a maximum compensation for the entire contract term. The Department advised that the estimated compensation for the entire term is undeterminable due to the uncertainty of future projects.
|
Analysis
The contractor will provide financial and performance analysis services for the County, including a water utility financial and performance audit and a Tax Increment Financing (TIF) audit.
According to the contract, in 2014, the City initiated a project to replace aging water meters in both the City and the County with new electronic meters. The electronic meters were intended to provide a more accurate and timely reading of water consumption by eliminating the inherent errors associated with manual meter reading. In 2019, a new billing system, which has been implemented in the City, will be implemented for the County. County property owners currently receive water consumption bills from the City on a quarterly basis, and the City intends to move to monthly billing for County owners in the future. The County bills County residents on their yearly tax bills for sewer usage based upon water consumption data provided by the City. As such, discrepancies in billing data can have a significant impact on the County sewer billings. The revenues from these bills offset the County’s share of the Metropolitan District’s operational costs and ultimately impact the determination of County rates. Approximately 237,000 yearly County tax bills are affected by the water consumption data provided by the City.
FM-6 (Contract) May 24, 2018
In order to complete the water utility financial and performance audit, the contractor will perform an analysis of the financial records and business processes of the Metropolitan District from fiscal years 2014 to 2017 as they impact the County’s revenue in the following areas:
- Factors contributing to billing discrepancies;
- Meter reading process and procedure;
- Operational process flow from meter reading through the customer billing cycle;
- Effective operation of meter reading equipment;
- Billing and customer service staff procedures and processes to review data for anomalies and issue work orders for meter inspectors to reread or repair meters;
- Resolution process for account and meter reading discrepancies;
- Meter installation discrepancies, data entry discrepancies, and undetected leaks that contribute to high, low, or inaccurate bills;
- Malfunctioning or possible misreading of meters leading to high, low, or inaccurate bills;
- Reviewing the billing process from meter reading to calculation of the water bill;
- Reviewing the water billing statistic reports provided by the City to the County;
- Validating the billing system to align with the meter when the meter is changed out; and
- Reviewing the County’s daily exception rate compared to the national average.
The contractor will be paid a $200 per hour blended rate for the water utility financial and performance audit.
The contractor shall produce a report addressing the aforementioned items, which identifies issues and makes recommendations for correcting such issues. The Department advised that the project began May 7, 2018. The draft report is due September 28, 2018 and the final report is due October 15, 2018.
For the second project, the contractor will review a Revitalization and Infrastructure Fund Application for tax increment financing associated with a major land development. The contractor will validate the TIF projections and fiscal impact analysis, or if it cannot be validated, offer an alternate projection and analysis. The application considers factors such as:
- Prior development and site constraints;
- Project summary and descriptions of public improvements;
- Tax parcels and zoning maps;
- Permits, approval and but-for analysis; and
- Bonds and debt service measurements.
FM-6 (Contract) May 24, 2018
The contractor will be paid a $250 per hour blended rate for the TIF audit.
The Department of Economic and Workforce Development advised that the TIF project is expected to begin July 9, 2018. The draft report is due August 6, 2018 and the final report is due August 28, 2018.
The County may request additional financial and performance analysis services during the term of the agreement at a blended hourly rate of $200.
The contract commenced April 26, 2018, continues until June 30, 2018, and may not exceed $25,000 unless approved by the Council. If approved, the contract will continue through June 30, 2019 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 90 days on the same terms and conditions, unless the County provides notice of non-renewal. Compensation may not exceed the amount appropriated for these services during the entire contract term. The contract does not specify a maximum compensation for the initial approximately 1-year and 5-month term or for the entire approximately 5-year and 5-month term, including the renewal and extension periods. Estimated compensation for the initial term totals $135,000. Compensation is not known at this time for the entire contract term due to the uncertainty of future projects.
Prior to the commencement of each renewal period, the County may entertain a request for an escalation in hourly rates in accordance with the Consumer Price Index – All Urban Consumers – United States Average – All Items, 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 qualifications from five responsive proposals received.
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….”
Mike Field Fiscal Note May 24, 2018
FM-7 (Contract) Council District(s) All_
Office of Law
Executive Director – Baltimore County Ethics Commission
The Administration is requesting approval of a contract with Elaine C. Katz to serve as the Executive Director of the Baltimore County Ethics Commission. The contract commences July 1, 2018 and continues through June 30, 2019. Compensation may not exceed $30,000 for the entire 1-year term.
Fiscal Summary
Funding Source |
Maximum Compensation |
Notes |
||||
County (1) |
$ 30,000 | (1) General Fund Operating Budget.
(2) Maximum compensation for the entire 1-year term. |
||||
State |
— | |||||
Federal |
— | |||||
Other |
— | |||||
Total |
$ 30,000 | (2) | ||||
Analysis
With staff support and legal counsel from the Office of Law, the Baltimore County Ethics Commission is responsible for ensuring that the impartiality and independent judgment of public officials is maintained in order to preserve public confidence and trust. The Ethics Commission consists of five members (including a Chairman) appointed by the County Executive and confirmed by the County Council. In addition, upon recommendation of the Ethics Commission, the County Executive appoints an Executive Director. The Executive Director must be licensed to practice law in Maryland, be in good standing with the Maryland Court of Appeals, and meet the eligibility requirements for Ethics Commission members (i.e., a Baltimore County resident; not an elected or appointed official or a candidate for office; not an employee of the state, a political subdivision, or municipal corporation of the state, or a political party; and not required to file a lobbying registration).
FM-7 (Contract) May 24, 2018
The Ethics Commission recommended Elaine C. Katz for the Executive Director position, and the County Executive subsequently appointed her. The Office advised that Ms. Katz has served as Executive Director of the Ethics Commission for over 14 years (yearly reappointments).
The contract commences July 1, 2018 and continues through June 30, 2019. Compensation may not exceed $30,000 for the entire 1-year term. Either party may terminate the agreement at any time. In the event of termination, Ms. Katz’s compensation would be pro-rated on a monthly basis.
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….”
Dr. Gregory Branch Fiscal Note May 24, 2018
MB-2 (Res. 40-18) Donation Council District _All_
Mr. Jones (By Req.)
Department of Health and Human Services
Authorize Donation – Deterra Drug Deactivation Systems
Resolution 40-18 authorizes the County to accept a donation of 10,000 pouches of Deterra Drug Deactivation Systems valued at $60,000 from the Leidos Corporation. The Leidos Corporation granted the pouches to the Community Anti-Drug Coalitions of America (CADCA) in coordination with the State Opioid Operational Command Center, which granted the pouches to local governments in Maryland, including Baltimore County.
These pouches can be used to deactivate any type of medications, including opioids, and will be another tool for the County to use in its fight against the opioid epidemic. The Department advised that the pouches will be handed out at Naloxone trainings, health centers, and various County events. The Department advised that there is no cost to the County.
County Charter, Section 306, vests in the County Council the power to accept gifts.
This resolution shall take effect from the date of its passage by the County Council.
Wally Lippincott/
Andrea Van Arsdale Fiscal Note May 24, 2018
MB-3 (Res. 41-18) Council District(s) 2, 3, 5, 6 & 7 _
Mr. Jones (By Req.)
Department of Planning
Rank (5) Rural Legacy Area Plan Applications
Resolution 41-18 approves and endorses, in priority order, five Rural Legacy Area Plan applications, including the 7.37-acre expansion of the Manor Rural Legacy Area, for FY 2019 funding for consideration and approval by the Maryland Rural Legacy Board.
The Maryland Rural Legacy Program is part of the Smart Growth initiative approved by the Maryland General Assembly during its 1997 session and is administered by the Maryland Department of Natural Resources. The purpose of the program is to preserve large blocks of rural landscape to protect and foster rural economies such as agriculture and tourism, to protect important natural resources, and to maintain the rural culture.
The Rural Legacy Program provides for the designation of specific areas as rural legacy areas and provides the opportunity for the sponsors of the rural legacy areas to compete for State funding. The sponsors can be a political jurisdiction or a private land trust.
The State requires that counties with more than one rural legacy area prioritize their applications. There are five State-approved rural legacy areas in Baltimore County and all have submitted applications for FY 2019 funding.
Rural legacy areas have a specific boundary in which State funds, if awarded, may be spent. Similarly, County funds provided to rural legacy areas must be spent within the State-approved rural legacy areas.
The Maryland Rural Legacy Program requires local jurisdiction approval of the applications, and, in the case of multiple applications in one jurisdiction, a ranking is also required. Baltimore County has five designated rural legacy areas – the most in the State. The County ranking is included in
MB-3 (Res. 41-18) May 24, 2018
the State’s evaluation of the applications. County ranking is based on factors that include: degree of completion, threat of development, water quality delivery to the Bay, percentage of forest protected, extent of agriculture, recent easement activity, prior State ranking, and lastly but of great importance – public benefits. See Exhibit A.
The proposed ranking for FY 2019 is as follows:
Ranking | Rural Legacy Area | Council District | ||
1 | Piney Run Watershed | 2, 3 | ||
2 | Manor | 3 | ||
3 | Gunpowder Valley | 3 | ||
4 (tie) | Baltimore County Coastal | 6, 7 | ||
4 (tie) | Long Green Land Trust | 3, 5 |
Included in the Manor Rural Legacy Area application is the Manor Conservancy’s request to expand the Manor Rural Legacy Area 7.37 acres. The expansion would be a bump-out area on the southeastern edge of the existing boundary that runs up Jarrettsville Pike with the area lying to the east of the road. See Exhibit B.
The State Rural Legacy Advisory Committee will review the applications and make a recommendation to the Rural Legacy Board comprised of the Secretaries of the Departments of Natural Resources, Planning, and Agriculture. The Rural Legacy Board will determine the funding levels subject to the approval of the State Board of Public Works.
Council Fiscal Note May 24, 2018
MB-4 (Res. 42-18) Council District(s) __All__
Mr. Quirk
County Administration – Health Insurance Coverage for County Employees –
Prescription Contraceptives
Resolution 42-18 asks the County Administration to include in all County health insurance plans coverage for a single dispensing to an insured or enrollee of a supply of prescription contraceptives for up to a 12-month period.
The resolution recites that prescription contraceptive drugs and devices are currently covered under County health insurance plans, with the dispensing of prescription contraception drugs typically provided for in a single dispensing of a 90-day supply without copay.
As the basis for the request, the resolution recites that, according to the U.S. Centers for Disease Control and Prevention (CDC), unintended pregnancy rates remain high in the United States. Approximately 50% of all pregnancies are unintended, and the CDC notes that strategies to prevent unintended pregnancy include assisting women and their partners with choosing appropriate contraceptive methods and helping women use methods correctly and consistently to prevent unintended pregnancy. Studies show that dispensing a greater supply of contraceptives at a clinical visit is associated with fewer repeat visits, greater contraceptive continuation, and a reduction in the odds of unintended pregnancy. Research has shown a 30% reduction in the odds of unintended pregnancy and a 46% reduction in the odds of an abortion when women received a 1-year supply of contraceptives, compared to only a one to three month supply. Based on a systematic review of the evidence, the CDC found that the more combined oral contraceptive pill packs given, the higher the continuation rate. Thus, the CDC recommends that health practitioners provide up to a 1-year supply of oral contraceptive pill packs.
The resolution also asks that the County require all insurers to make complete contraception coverage information available for all enrollees on their websites.
BALTIMORE COUNTY COUNCIL
NOTES TO THE AGENDA
APPENDIX A