Baltimore County Council Agenda – WS April 11, 2017 | LS April 17, 2017

BALTIMORE COUNTY COUNCIL

NOTES TO THE AGENDA

LEGISLATIVE SESSION 2017

 

Issued:        April 6, 2017

Work Session:       April 11, 2017

Legislative Day No.   8  :       April 17, 2017

 

The accompanying notes are

compiled from unaudited

information provided by

the Administration and

other sources.

 

                                                                                                                                                                OFFICE OF THE COUNTY AUDITOR

 

BALTIMORE COUNTY COUNCIL

April 17, 2017

NOTES TO THE AGENDA

 

TABLE OF CONTENTS

PAGE

LEGISLATIVE SESSION

 

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

 

 

BILLS – FINAL READING

 

Bill 13-17…………………………………………………………………….. 1

Bill 14-17…………………………………………………………………….. 5

 

 

FISCAL MATTERS

 

FM-1……………………………………………………………………………. 6

FM-2……………………………………………………………………………. 9

FM-3…………………………………………………………………………. 13

FM-4…………………………………………………………………………. 16

 

 

MISCELLANEOUS BUSINESS

 

NONE

 

 

APPENDIX

 

Correspondence (1) (a)…………………………………………….. 20

Correspondence (1) (b)…………………………………………….. 21

 

i

 

BALTIMORE COUNTY COUNCIL AGENDA

LEGISLATIVE SESSION 2017,  LEGISLATIVE DAY NO.  8

APRIL 17, 2017     6:00 P.M.

 

CEB = CURRENT EXPENSE BUDGET

BY REQ. = AT REQUEST OF COUNTY EXECUTIVE

 

Page

 

CALL OF BILLS FOR FINAL READING AND VOTE

 

COUNCIL

1          Bill 13-17 – Mr. Kach – Solar Facilities

5          Bill 14-17 – Mr. Marks – Zoning Regulations – Neighborhood Commons Overlay District

 

 

APPROVAL OF FISCAL MATTERS/CONTRACTS

 

            VINCE GARDINA, DIRECTOR, DEPARTMENT OF ENVIRONMENTAL PROTECTION AND             SUSTAINABILITY

6          1.  Contracts – (2) – On-call stormwater facility construction, maintenance, repair & restoration – DEPS

9          2.  Amendment to Contract – Versar, Inc. – Biological sampling services – DEPS

 

KEITH DORSEY, DIRECTOR, OFFICE OF BUDGET AND FINANCE

13           3.  Amendment to Contract – Solomon’s Extermination, Inc. – additional locations/scope of service-pest extermination-OBF

 

            LIONEL VAN DOMMELEN, CODE ENFORCEMENT, DEPARTMENT OF PERMITS, APPROVALS &             INSPECTIONS

16         4.  Contracts – (2) – Clean-up – derelict buildings and lots – PAI

 

 

MISCELLANEOUS BUSINESS

 

COUNCIL

20         1.  Correspondence –  (a)(2) – Non-Competitive Awards (March 8, 2017)

21                                          (b)(1) – Non-Competitive Awards (March 13, 2017)

  1. Res. 38-17 – Mr. Quirk – Property Tax Exemption – DAV – Hillary Cotton, Sr.
  2. Res. 39-17 – Mr. Jones – Property Tax Exemption – BLIND – Rodney T. Boone
  3. Res. 40-17 – Mr. Jones – Property Tax Exemption – BLIND – Martha A. Prior
  4. Res. 41-17 – Mr. Jones – Property Tax Exemption – DAV – Kurt C. Stanley

 

 

ii

 

Council                                                        Fiscal Note                                                April 17, 2017

 

 

Bill 13-17                                                                                                           Council District(s) _All_

Mr. Kach

Solar Facilities

Bill 13-17 proposes to regulate the location and the requirements for a Solar Facility in Baltimore County.

 

A Solar Facility is not currently regulated by the Baltimore County Zoning Regulations, although several such facilities have been authorized, by administrative decision, to file for a special exception in certain rural zones as a public utility.

 

Bill 13‑17 sets forth the County Council=s recognition that solar energy is an abundant, renewable, and environmentally sustainable source of electricity generation that produces clean energy and reduces air and water pollution caused by the burning of traditional fossil fuels.  The bill also states the policy of the County that the benefits of solar energy production must be balanced with the potential impact of solar energy‑producing facilities upon the County=s land use policies, particularly in resource conservation and agricultural zones, as well as in business and manufacturing zones where the impact of such facilities on surrounding residential communities must be considered.

 

The bill defines a ASolar Facility@ as a facility that includes a series of one or more solar collector panels or solar energy systems that are placed in an area on a tract of land for the purpose of generating photovoltaic power for commercial use.  The term includes a solar power plant or solar photovoltaic farm.

 

ACommercial use@ is defined as the transfer to the electrical power grid of energy produced by a solar facility for energy credits to consumers.

 

Because some solar facilities previously have been allowed to file as a public utility, Bill 13‑17 makes it abundantly clear that a Solar Facility may not be considered a public utility under the Baltimore County Code or the Baltimore County Zoning Regulations.

 

 

Bill 13-17 (cont’d)                                                                                                                April 17, 2017

 

 

Exempted from the provisions of the bill are:

  • A Solar Facility located in a yard area, building, or structure that is accessory to a principal residential, agricultural, commercial, or institutional use; or
  • A Solar Facility on federal, state or local government-owned or leased land that produces energy for government use.

 

A Solar Facility is permitted by special exception in the R.C.2, R.C.3, R.C.4, R.C.5, R.C.6, B.L., B.M., M.R., M.L.R., and M.H. zones of the County.

 

A Solar Facility proposed in an R.C. Zone is subject to the following requirements:

  • On land zoned R.C.2, the maximum size of a Solar Facility is 25% of the total parcel on which a Solar Facility is proposed to be located; and a proposed facility may produce up to 200% of the average yearly energy required for the last 3 years for a commercial agricultural operation;
  • On land zoned R.C.3, R.C.4, R.C.5, and R.C.6, a proposed Solar Facility shall count as one easement and be part of the Maryland Community Solar Program and produce no more than 2 MW; and before a proposed Solar Facility can be approved, each residentially used property within 1,000 ft. and with a view of the proposed Solar Facility shall give written approval;
  • The portion of land on which a Solar Facility is proposed shall not be encumbered by an Agricultural Preservation easement or an Environmental Preservation easement;
  • The land on which a Solar Facility is proposed shall not be located in a Baltimore County Historic District or on a property that is listed on the Baltimore County Final Historical Landmarks List;
  • The portion of the land on which a Solar Facility is proposed shall not be located in a forest conservation easement, a forest as defined in the County Code, or a designated conservancy area in an R.C.4 or R.C.6 Zone;
  • The land on which a Solar Facility is proposed shall not be located in the designated County Rural Legacy areas;
  • On land zoned R.C.2 and R.C.6, the portion of the land on which a Solar Facility is proposed shall not be prime and productive agricultural land, as contained in the Baltimore County Soil Survey;
  • Aboveground components of the Solar Facility, including solar collection panels, inverters, and similar equipment must be set back a minimum of 50 ft. from the tract boundary; except that the setback does not apply  to the installation  of the  associated  landscaping,  security

 

 

Bill 13-17 (cont’d)                                                                                                                April 17, 2017

 

 

fencing, wiring, or power lines; and the Administrative Law Judge, or Board of Appeals on appeal, may increase or decrease the setback based on the impact of the structures or the sufficiency of an existing buffer;

  • A structure shall not exceed 16 ft. in height;
  • A landscaping buffer shall be provided around the perimeter of a Solar Facility that is visible from an adjacent residentially used property or public street. Screening of state and local scenic routes and scenic views is required in accordance with the Baltimore County Landscape Manual;
  • Security fencing shall be provided between the landscaping buffer and the Solar Facility;
  • A solar collector panel or combination of solar collector panels shall be landscaped to minimize the glare or reflection onto adjacent properties and adjacent roadways, and to not interfere with traffic or create a safety hazard;
  • A petitioner must comply with the requirements of Section 33‑3‑108 of the County Code regarding the filing of a plan of development with the Department of Environmental Protection and Sustainability;
  • A petitioner is required to send notice of the public hearing on the special exception via certified mail, return receipt requested, to adjoining property owners and community associations at least 60 days prior to the hearing, indicating the date, time, and place of the public hearing; and
  • The Administrative Law Judge, or Board of Appeals on appeal, may impose conditions or restrictions on the Solar Facility use as necessary to protect the environment and scenic views, and to lessen the impact of the facility on the health, safety, and general welfare of surrounding residentially-used properties and communities.

 

A Solar Facility proposed in a business or manufacturing zone is subject to the setback, height limitation, landscaping buffer, security fencing, and lessening the glare or reflection onto adjacent properties and roadways required in the R.C. zones.

 

A security bond must be filed with the County in the form and amount determined by the Administrative Officer.  The bond may be used to ensure the repair of any unsafe or hazardous conditions or the removal of a Solar Facility.

 

All parties with a lease or ownership interest in a Solar Facility are responsible for the maintenance of the facility, including painting,  structural repairs, and maintenance of the landscape buffers and

 

 

Bill 13-17 (cont’d)                                                                                                                April 17, 2017

 

 

vegetation; a land maintenance plan shall also be provided by an applicant for a building permit or property owner using best long-term site management practices, and shall be implemented upon acceptance.

 

A facility that has reached the end of its useful life or has been abandoned is required to be removed.  The owner or operator must physically remove the installation no more than 150 days after the date of discontinued operations and notify the County by certified mail of the proposed date of discontinued operations and plans for removal.  If the owner or operator fails to remove the facility within 150 days of abandonment, the County retains the right to enter and remove the facility.

 

The Code Official enforces the provisions of the Article.

 

As part of the general criteria for granting a special exception related to the impact on the environment and natural resources of the site and vicinity including forests, streams, wetlands, aquifers, and floodplains in an R.C.2, R.C.4, R.C.5, or R.C.7 Zone, Bill 13-17 also includes the R.C.3 and R.C.6 zones when in consideration of a Solar Facility use.

 

Finally, as part of the uncodified language, the bill urges the Maryland General Assembly to consider legislation to authorize Baltimore County to exempt solar facility equipment located as an accessory use on buildings or parking facilities from personal property taxation.  The bill further states that the Departments of Planning and Environmental Protection and Sustainability, with participation of the Baltimore County Farm Bureau, the solar industry, and the Sierra Club=s Greater Baltimore Group, shall by July 1, 2018 submit recommendations regarding changes to current laws, incentives for solar development under transmission lines before cropable farmland, an allocation regarding a percentage of the solar energy generated on each large‑scale solar project to go to community solar use for the benefit of low-income residents, and an examination of the economic and environmental best practices from other states as to balancing agricultural land use with solar facilities.

 

If Bill 13-17 is passed with the affirmative vote of five members of the County Council, an amendment will be required for the effective date to be May 1, 2017.  Otherwise, Bill 13‑17 will take effect 45 days from the date of its enactment.  The Bill shall also apply retroactively to any zoning petition filed after October 18, 2016, except that the requirements of subparagraphs A.1, A.2, A.3, A.6, A.8, A.9, A.10, A.11, A.12, and A.13 of Section 4E-104 shall apply retroactively to any zoning petition filed after July 1, 2016.

Council                                                        Fiscal Note                                                April 17, 2017

 

 

Bill 14-17                                                                                                           Council District(s) _All_

 

 

Mr. Marks

 

 

Zoning Regulations – Neighborhood Commons Overlay District

 

 

Bill 14‑17 amends the uses permitted in the Neighborhood Commons Overlay District by right and by special exception.

 

The Neighborhood Commons (N.C.) Overlay District restricts development on land with the N.C. designation in order to promote more livable communities through the preservation of land for the purpose of community parks, gardens, and natural areas.  The N.C. District is applied only to areas located inside the urban/rural demarcation line (URDL) that are local to established neighborhoods; generally, residential, commercial, or industrial development is not permitted on tracts with the N.C. District designation.

 

With the recognition that public utility uses and infrastructure, such as aboveground and underground transmission lines, are present on land with the N.C. District designation, as well as the recognition that such uses may also occur on land so designated in the future, Bill 14-17 amends the N.C. Overlay District to permit public utility uses by right if permitted by right in the underlying zone, and by special exception if permitted by special exception in the underlying zone (currently, the bill states, under uses permitted by special exception, public utility uses permitted by right in the underlying zone; this is a drafting error and an amendment will be offered to correctly state, under uses permitted by special exception, public utility uses permitted Aby special exception@ in the underlying zone).

 

With the affirmative vote of five members of the County Council and signature by the County Executive, Bill 14-17 will take effect on May 1, 2017.

 

 

 

 

 

 

Vince Gardina                                            Fiscal Note                                                April 17, 2017

 

FM-1 (2 Contracts)                                                                                          Council District(s)  All_

 

 

Department of Environmental Protection and Sustainability

 

On-Call Stormwater Facility Construction, Maintenance, Repair & Restoration

 

 

The Administration is requesting approval of two contracts to provide on-call stormwater facility services and environmental restoration services for the County’s public stormwater management facilities.  The two contractors are Apex Companies, LLC and Ecotone, Inc.  Each contract commences upon Council approval, continues until March 31, 2018, and will automatically renew for four additional 1-year periods with the option to further extend the initial term or any renewal term an additional 90 days.  The contracts do not specify a maximum compensation for the initial approximate 11½-month term or for the entire approximate 5-year and 2½-month term, including the renewal and extension periods.  Compensation may not exceed the amount appropriated for these services during the entire contract term.  Estimated compensation totals $25 million for both contractors combined for the entire approximate 5-year and 2½-month term, including the renewal and extension periods.

 

Fiscal Summary

 

Funding Source   Combined

Total

Compensation

  Notes
County (1)   $          25,000,000   (1) Capital Projects Fund.

(2) Estimated compensation for both contractors combined for the entire approximate 5-year and 2½-month term, including the renewal and extension periods.  The contracts do not specify a maximum compensation for the initial approximate 11½-month term or for the entire approximate 5-year and 2½-month term, including the renewal and extension periods.  Compensation may not exceed the amount appropriated.

State    
Federal    
Other    
Total   $          25,000,000  (2)
       

 

 

 

FM-1 (2 Contracts) (cont’d)                                                                                               April 17, 2017

 

 

Analysis

 

The contractors will provide on-call stormwater facility services and environmental restoration services on County sites to ensure the County’s compliance with the National Pollutant Discharge Elimination System (NPDES) permit for Municipal Separate Storm Sewer Systems (MS4) discharges issued to Baltimore County.  The Department advised that there are approximately 1,385 County-owned stormwater management facilities.  Stormwater facility projects may include stormwater management facility construction, small pond and earth dam repair and management, sediment basin conversion, storm drain repair, emergency storm damage repair, fence repair, noxious weed control, and maintenance activities.  Environmental restoration projects may include conversion or repair of an existing stormwater facility, construction/installation of water quality best management practices, reforestation, and stream restoration.  On-call services may include construction, surveying, permitting, installation of sediment and erosion control measures, landscape/planting, trash and debris removal, and other work as required.

 

Both contractors will serve as primary contractors.  Work assignments will be divided between the contractors based upon their expertise and specialization, with existing workloads, quality of work, and response times also considered.  The County will be billed based on hourly rates for labor and equipment plus materials (including overhead and profit) and dumping charges.

 

Each contract commences upon Council approval, continues until March 31, 2018, and will automatically renew for four additional 1-year periods.  The County may further extend the agreements at the end of the initial term or any renewal term for an additional 90 days 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 approximate 11½-month term or for the entire approximate 5-year and 2½-month term, including the renewal and extension periods.  Compensation may not exceed the amount appropriated for these services during the entire contract term.  Estimated compensation totals $25 million for both contractors combined for the entire 5-year and 2½-month term, including the renewal and extension periods.

 

Prior to the commencement of each renewal period, the County may entertain a request for an escalation in unit prices (except for dumping charges) 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.   For  dumping  charges,

 

FM-1 (2 Contracts) (cont’d)                                                                                               April 17, 2017

 

 

increases in unit prices will be limited to the actual cost increase to the contractor.  The County may terminate the agreements by providing 30 days prior written notice.

 

Funding for these contracts will not be encumbered at this time.  Rather, contract costs will be charged to specific projects as they are assigned.

 

The contracts were awarded through a competitive procurement process based on the lowest responsive and responsible bids from five bids received.

 

Expenditures for the two recent contracts for similar services, with Apex Companies, LLC (ACL) and Environmental Quality Resources, LLC (EQR) and which expired April 1, 2017, were as follows.

 

Council

Approval

  ACL   EQR   Total  
4/2/12   $   944,206   $    920,266   $    1,864,472  
3/17/14 (1st Amendment)   2,500,000   2,500,000   5,000,000  
    3,444,206   3,420,266   6,864,472  
10/19/15 (2nd Amendment)   3,000,000     3,000,000  
                         Total   6,444,206   3,420,266   9,064,472  
Expenditures as of 4/3/17   (5,924,565)   (764,768)   (6,689,333)  
                         Balance   $   519,641   $ 2,655,498   $    3,175,139  

 

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….”

 

 

 

 

 

 

 

Vince Gardina                                            Fiscal Note                                                April 17, 2017

 

 

FM-2 (Contract Amendment)                                                                  Council District(s)     All   _

 

 

Department of Environmental Protection and Sustainability

 

Biological Sampling Services

 

 

The Administration is requesting an amendment to a contract with Versar, Inc. to continue to provide biological sampling services to assess the water quality of County streams and tidal rivers.  The amendment increases the maximum compensation by $65,000, from $235,000 to $300,000, for the entire 5-year and 3-month term of the contract, including the renewal and extension periods.  The contract commenced March 18, 2013.  See Exhibit A.

 

Fiscal Summary

 

Funding

Source

Contract Amendment

 

Current

Maximum Compensation

Amended Maximum Compensation

County (1)

  $          65,000   $           235,000

$           300,000

State

 

Federal

 

Other

 

Total

$          65,000          599,882   $           235,000   $           300,000 (2)
 

(1) Capital Projects Fund.

(2) Maximum compensation for the entire 5-year and 3-month term, including the renewal and extension periods.

 

 

 

Analysis

 

Under the proposed amendment, the contractor will continue to provide biological sampling services in order to assess the water quality of County streams and tidal rivers.  The County is divided into two major river basins, the Patapsco River/Back River Basin and the Gunpowder Falls/Deer Creek Basin, which are sampled in alternate years.   The contractor will collect samples

 

 

FM-2 (Contract Amendment) (cont’d)                                                                            April 17, 2017

 

 

of benthic macroinvertebrates (primarily aquatic insects) from 95 steam sites and 25 tidal sites annually.  The Department advised that benthic macroinvertebrates are widely accepted indicators of water quality across the United States.  The Department reports the data to the Maryland Department of the Environment as one component of the County’s effort to maintain and improve its waterways.  The Department also uses the data to help prioritize stream restoration projects and aid in watershed planning activities.

 

The Department advised that the proposed amendment is necessary due to increased biological monitoring in the Patapsco, Gwynns Falls, and Jones Falls watersheds in order to meet the requirements of the Department’s sediment TMDL implementation plans.  The Department also advised that the number of stream sites sampled has increased from 50 to 95 since the contract began in 2013; the additional funding under the proposed amendment is necessary to complete the sampling for 2017.

 

In addition to supply costs and other direct expenses, services are billed at hourly rates ranging from $25.33 to $73.82, depending on the employee performing the work (e.g., field technician, project manager).

 

On March 18, 2013, the Council approved the original 5-year and 3-month contract with Versar, Inc. with compensation not to exceed $235,000.  The proposed amendment increases the maximum compensation by $65,000, from $235,000 to $300,000, for the entire 5-year and 3-month term of the contract, including the renewal and extension periods.  All other terms and conditions remain the same.

 

Prior to the commencement of each renewal period, the County may entertain a request for an escalation in unit prices in accordance with the Consumer Price Index – All Urban Consumers – United States Average – All Items (CPI-U), as published by the United States Department of Labor, Bureau of Labor Statistics at the time of the request, or up to a maximum 5% increase on the current pricing, whichever is lower.  The County may terminate the agreement by providing 30 days prior written notice.

 

The original contract was awarded through a competitive procurement process based on low bid from six bids received.  As of March 27, 2017, $195,658 has been expended under this contract.

 

 

FM-2 (Contract Amendment) (cont’d)                                                                            April 17, 2017

 

 

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                                                April 17, 2017

 

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

 

 

Office of Budget and Finance

 

Additional Locations/Scope of Service – Pest Extermination

 

 

The Administration is requesting an amendment to a contract with Solomon’s Exterminating, Inc. to provide additional pest control services at County-owned and/or operated buildings.  The amendment removes the compensation cap of $160,133 for the entire 5-year term of the agreement and replaces it with a total compensation limit equal to the amount appropriated for these services each fiscal year.  Estimated compensation totals $111,000 for the remaining approximate 2 years and 4½-months of the contract and $205,246 for the entire 5-year term of the contract, including the renewal periods.  The contract commenced September 2, 2014.

 

Fiscal Summary

 

Funding

Source

Contract Amendment

 

Current

Compensation

Amended

Total Compensation

County (1)

  $          111,000   $               94,246

$           205,246

State

 

Federal

 

Other

 

Total

$         111,000                   111,0     00 (2) $               94,246 (3) $           205,246          27271,133 (4)
 

(1) General Fund Operating Budget.

(2) Estimated additional compensation for the remaining approximate 2 years and 4½-months of the contract.  Compensation may not exceed the amount appropriated each fiscal year.  The Office advised that this estimate is solely for pest control services at County facilities managed by Property Management and does not include costs to be incurred by other agencies or costs associated with certain treatments (e.g., for bed bugs), which are not reasonably estimable at this time.

(3) Estimated compensation as of March 27, 2017.

(4) Estimated compensation for the entire 5-year term, including the renewal periods.

 

 

 

 

 

FM-3 (Contract Amendment) (cont’d)                                                                            April 17, 2017

 

 

Analysis

 

The contractor currently provides integrated pest management services for the control of insects, rodents, and other pests on a regularly scheduled basis for 45 County building sites and on an on-call basis for those buildings not routinely serviced.  The contractor provides all labor, materials, supervision, equipment, tools, supplies, services, and incidentals necessary to perform the work in the buildings and exterior perimeters.  Regularly scheduled services for the 45 building sites are billed at rates ranging from $20 to $200, depending on the facility and the number of monthly services (weekly, monthly, or quarterly).  Hourly rates are billed at $30 or $45 for a pest control technician for regular time or overtime, respectively, and $120 for a certified entomologist, if needed.  Materials costs include a 10% mark-up.

 

The proposed amendment is necessary due to additional locations to be serviced (from 45 to 100 sites) and for bed bug control services to be provided.  Bed bug control services will be billed at the same hourly rates ($30 or $45) and $15 per treatment of a Police vehicle.

 

Prior to the commencement of each renewal period, the County may entertain a request for an escalation in unit prices in accordance with the Consumer Price Index – All Urban Consumers – United States Average – All Items (CPI-U), as published by the United States Department of Labor, Bureau of Labor Statistics at the time of the request, or up to a maximum 5% increase on the current pricing, whichever is lower.  The County may terminate the agreement by providing 30 days prior written notice.

 

On September 2, 2014, the Council approved the original 5-year contract, which provides that compensation may not exceed $160,133 for the entire 5-year term of the agreement.  The amendment removes the compensation cap of $160,133 for the entire 5-year term of the agreement and replaces it with a total compensation limit equal to the amount appropriated for these services each fiscal year.  All other terms and conditions remain unchanged.  Estimated compensation totals $111,000 for the remaining approximate 2 years and 4½-months of the contract and $205,246 for the entire 5-year term of the contract, including the renewal periods.  The Office advised that this estimate is solely for pest control services at County facilities managed by Property Management and does not include costs to be incurred by other agencies or costs associated with certain treatments (e.g., for bed bugs), which are not reasonably estimable at this time.  As of March 27, 2017, $94,246 has been expended under the contract.

 

FM-3 (Contract Amendment) (cont’d)                                                                            April 17, 2017

 

 

The original contract was awarded through a competitive procurement process based on the lowest responsive bid from four bids received.

 

On June 1, 2016, the Administration entered into a non-competitively bid emergency contract for rat eradication services with Solomon’s Exterminating, Inc. not to exceed $25,000. This contract was recently presented as a Correspondence item at the April 3, 2017 Council meeting in order to increase the maximum compensation by $20,000, from $25,000 to $45,000, due to the need for additional services.  The contract expires August 31, 2017.

 

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….”

 

 

 

 

 

 

 

 

 

 

Lionel Van Dommelen                             Fiscal Note                                                April 17, 2017

 

 

FM-4 (2 Contracts)                                                                                          Council District(s)  All_

 

 

Department of Permits, Approvals & Inspections

 

Clean-up – Derelict Buildings and Lots

 

 

The Administration is requesting approval of two contracts to provide clean-up services for derelict buildings and vacant lots throughout the County as needed.  The two contractors are Consolidated Services Inc. and MSP Superior Services Inc.  Each contract commences upon Council approval, continues for 1 year, and will automatically renew for three additional 1-year periods with the option to further extend the initial term or any renewal term an additional 120 days.  The contracts do not specify a maximum compensation for the initial 1-year term.  Compensation may not exceed $2,121,075 for these two contracts, combined with three other contracts previously awarded for these services, for the entire 4-year and 4-month term, including the renewal and extension periods.

 

                                                                      Fiscal Summary

 

Funding Source

  Combined

Maximum

Compensation

  Notes

County (1)

  $            2,121,075   (1) General Fund Operating Budget.

(2) Maximum compensation for these two contracts, combined with three other contracts previously awarded for these services, for the entire 4-year and 4-month term, including the renewal and extension periods.  The contracts do not specify a maximum compensation for the initial 1-year term.

State

   

Federal

   

Other

   

Total

  $            2,121,075  (2)

 

 

Analysis

 

The contractors will provide all labor, tools, equipment, vehicles, fuel, portable power source, tipping fees, and related items required to perform clean-up services at derelict buildings and vacant lots  throughout the County as needed.   The clean-up services  will include  removing and

 

 

FM-4 (2 Contracts) (cont’d)                                                                                              April 17, 2017

 

 

disposing of junk, trash, vehicles, tires, and other debris; mowing and trimming grass; trimming bushes; retrieving and salvaging recyclables; and draining pool water.  The Department advised that clean-up services are complaint-driven and that the number of service calls varies year-to-year.  The Department further advised that it received 1,095 work orders in FY 2016 and 681 work orders in FY 2017 (through April 3, 2017).

 

Rates for services range from $0.07 per gallon for draining pool water to $340 per acre for removing brush, vines, etc.  Hourly labor rates range from $25 to $50, depending on the specific service provided.  The mark-up on materials is 25% and 40% for Consolidated Services Inc. and MSP Superior Services Inc., respectively.  The Department advised that work will be assigned to the contractors based on certain factors, including availability, performance, cost, etc.  The contractors must report to the work site within 24 hours and the work must be completed within three working days.

 

The Department advised that the contractors’ costs will be assessed against the property owner.  If the property owner does not pay the costs within 30 days of billing, then the County will place a lien on the property.

 

Each contract commences upon Council approval, continues for 1 year, and will automatically renew for three additional 1-year periods with the option to further extend the initial term or any renewal term an additional 120 days on the same terms and conditions, unless the County provides notice of non-renewal.  The contracts do not specify a maximum compensation for the initial 1-year term.  Compensation may not exceed $2,121,075 for these two contracts, combined with three other contracts previously awarded for these services, for the entire 4-year and 4-month term, including the renewal and extension periods.

 

Prior to the commencement of each renewal period, the County may entertain a request for an escalation in unit prices in accordance with the Consumer Price Index – All Urban Consumers – United States Average – All Items (CPI-U), as published by the United States Department of Labor, Bureau of Labor Statistics at the time of the request, or up to a maximum 5% increase on the current pricing, whichever is lower.  The County may terminate the agreements by providing 30 days prior written notice.

 

On July 5, 2016, the Council approved three 5-year and 4-month contracts for similar services with compensation not to exceed $2,121,075 combined with the following contractors:  H.F. Huber

 

 

FM-4 (2 Contracts) (cont’d)                                                                                              April 17, 2017

 

 

and Son, LLC ($642,733), Gonce Enterprises, Inc. ($742,569), and LMC Landscaping, Inc. ($735,773).  The contracts were awarded through a competitive procurement process based on the lowest responsive and responsible bids from seven bids received of which the lowest bid was disqualified.  The Council had previously approved two contracts on June 3, 2013 and two contracts on September 15, 2014 for similar services.  The Department advised that of the seven contractors providing these services, one contractor was terminated and one contractor opted not to renew its contract.  In order to maintain seven contractors for these services, the Department contacted the next two lowest responsive and responsible bidders from the July 2016 award, Consolidated Services Inc. and MSP Superior Services Inc., and awarded the proposed contracts.

 

The current five contracts for clean-up services are as follows:

 

Council Approval Date   Contractor   Contract Expiration   Maximum Comp.   Expend.

as of

3/27/27

  Available

Balance

6/3/13   Evergreen Landscape and Design Corporation

 

  6/2/18   $    690,903   $    75,878

 

  $   615,025
9/15/14   The Dirt Express Company

 

   6/2/18   1,100,726   80,599

 

  1,020,127
7/5/16   H.F. Huber and Son, LLC

 

   7/4/21   642,733   19,317

 

  623,416
7/5/16   Gonce Enterprises, Inc.

 

   7/4/21   742,569   9,645

 

  732,924
7/5/16   LMC Landscaping, Inc.

 

   7/4/21   735,773   8,690   727,083
    Total       $ 3,912,704   $  194,129   $3,718,575

 

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….”

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

BALTIMORE COUNTY COUNCIL

NOTES TO THE AGENDA

APPENDIX A