Board of Town Commissioners

MINUTES BOARD OF TOWN COMMISSIONERS October 18, 2021 The regular meeting of the Board of Town Commissioners was called to order on Monday, October 18, 2021 at 7:30 p.m. at Town Hall, 39 N. Hickory Avenue, Bel Air, Maryland. MEMBERS PRESENT: Amy G. Chmielewski, Chair Kevin M. Bianca Erin S. Hughes Donna L. Kahoe Patrick T. Richards STAFF PRESENT: L. Jesse Bane, Town Administrator Charles Dawson, Department of Public Works Trish Heidenreich, Director of Economic Development Michael Krantz, Director of Administration Lisa Moody, Director of Finance Charles Moore, Chief of Police Patti Parker, Community & Public Relations Manager Charles Keenan, Town Counsel Kevin Small, Director of Planning Joan Suitt, Recording Secretary ABSENT: Stephen Kline, Director of Public Works APPROVAL OF AGENDA: Commissioner Kahoe moved and Commissioner Bianca seconded the motion to approve the Agenda as written. Ayes: Commissioners Bianca, Hughes, Kahoe, Richards and Chmielewski Nays: None The motion carried. APPROVAL OF MINUTES: Commissioner Kahoe moved and Commissioner Bianca seconded the motion that the minutes of the Bel Air Board of Town Commissioners’ meetings held on October 4, 2021 and October 12, 2021, be approved as submitted. Ayes: Commissioners Bianca, Hughes, Kahoe, Richards and Chmielewski Nays: None The motion carried. 2021.10.18.MIN.BOTC.TH Page 1 of 8 APPOINTMENT: Appointment to the Historic Preservation Commission – Vaughn Lewis Commissioner Hughes moved and Commissioner Bianca seconded the motion that the appointment of Vaughn Lewis to the Bel Air Historic Preservation Commission for a term of three (3) years, effective immediately, be approved by the Bel Air Board of Town Commissioners. Commissioner Hughes advised Mr. Lewis is a long time resident of the Town and involved in the community. Mr. Lewis reached out to Commissioner Hughes saying he was interested in serving on a committee in the Town. Mr. Lewis thanked the Commissioners and looks forward to his appointment. Ayes: Commissioners Bianca, Hughes, Kahoe, Richards and Chmielewski Nays: None The motion carried. PROCLAMATION: Proclamation for Economic Development Week Chair Chmielewski notified the Town of Bel Air Office of Economic Development is an active member of the Maryland Economic Development Association (MEDA) The economic growth and stability of the State affects all regions and jurisdictions of Maryland, and the Town of Bel Air is an important component of the State’s economic success and will continue to contribute to its success by working in partnership with local, state and regional partners, and takes this opportunity to acknowledge its gratitude for those economically supportive relationships. The Board of Town Commissioners proclaimed the week of October 25th to October 31st as Economic Development Week and asked all to join with them to recognize and reaffirm the importance of business development locally and statewide. Ms. Heidenreich, Director of Economic Development, advised Pam Ruff, Executive Director of MEDA could not be here tonight and asked Ms. Heidenreich to accept the Proclamation on her behalf. Ms. Heidenreich stated this past year with COVID and ways we had to collaborate with Harford County and the State for funding shows what we can do when pulling our resources together. 2021.10.18.MIN.BOTC.TH Page 2 of 8 PUBLIC HEARING: Resolution No. 1174-21 Authorizing the Issuance and Private Sale of an Infrastructure Bond Ms. Moody, Director of Finance, reported the Town Board decided in 2017 to address expansion and improvements to the Bel Air Police Department and Town Hall facilities. The project has progressed through the phases of schematic design, design development, construction documents, and procurement and construction services. Construction bids were received on September 29, 2021. Since the town will borrow money to fund the project, it was important to utilize a vehicle that would provide the best economies of scale from a cost of issuance and interest rate perspective. That vehicle is the Infrastructure Financing Bond Program through the Maryland Department of Housing and Community Development (MDHCD). Ms. Moody stated at the time the application was submitted and the resolution was prepared, the actual cost of the project was unknown. The residual amount that the town may borrow for the rest of the calendar year is approximately $9,500,000. The last construction estimate is approximately $8,600,000. The total amount of the bond requested, which includes costs of issuance, bond insurance premiums and other related costs, will not exceed $9,500,000. It is anticipated that the town will borrow less than the maximum; however, once the bids are open and the total cost is determined and approved, the town will finalize the amount to borrow. The deadline is October 28, 2021. Ms. Moody informed the town proposes to issue and sell the bond to the Community Development Administration (CDA) in connection with the Local Government Infrastructure Financing Program. The bond issuance pledges the full faith and credit of the town. The interest rates will not be finalized until CDA sells its bonds; however, it is estimated that the rate of interest will not exceed 4.75 percent per annum for a 30 year maturity. Principal and interest payments will be made semi-annually on April 1 and October 1 of each year until maturity. The maturity will not exceed 30 years. Language was added to sections 1 (d) and 1 (g) in the resolution that clarifies that the town has the option to select a maturity less than 30 years. A prepayment option will be included in the bond document. The bonds are tentatively scheduled to be sold in December with closing occurring December 2. The funds will be available immediately to the town. Exhibit A to the resolution is the bond document between the town and the CDA; however, it is not in final form. Ms. Moody advised a notice of intent to issue an infrastructure bond appeared in the local paper on Wednesday, October 6, 2021. Chair Chmielewski called for public comments. There were none. Chair Chmielewski called for Commissioner comments. 2021.10.18.MIN.BOTC.TH Page 3 of 8 Commissioner Richards asked if the town does not meet the October 28th deadline, when is the next submission? Ms. Moody informed the bonds are twice per year and most likely be the spring. There were no further comments and Chair Chmielewski closed the public hearing. UNFINISHED BUSINESS: Resolution 1174-21 Authorizing the Issuance and Private Sale of an Infrastructure Bond Commissioner Bianca moved and Commissioner Hughes seconded the motion that Resolution No. 1174-21, a Resolution authorizing the issuance and private sale of an Infrastructure Bond, be approved by the Bel Air Board of Town Commissioners. Ayes: Commissioners Bianca, Hughes, Kahoe and Chmielewski Nays: Commissioner Richards The motion carried 4 to 1. Resolution No. 1175-21 Temporary Free Parking in all Metered Spaces on Public Streets in the Town of Bel Air Commissioner Bianca moved and Commissioner Hughes seconded the motion that Resolution No. 1175-21, temporarily suspending parking fines and meter rates in all metered spaces on public streets in the Town of Bel Air, from November 25, 2021 through January 2, 2022, be approved by the Board of Town Commissioners. Mr. Krantz, Director of Administration informed Chapter 450 entitled Vehicles and Traffic, Article IV entitled Enforcement, of the Bel Air Town Code, authorizes the Board of Town Commissioners to establish, by Resolution, appropriate fines and penalties based on the regulations set forth in the Bel Air Town Code. In Chapter 450 entitled Vehicles and Traffic, Article V. entitled Meter and Lease Rates, of the Bel Air Town Code authorizes the Bel Air Board of Town Commissioners to establish parking meter rates in the Town of Bel Air. Mr. Krantz advised it has been customary to provide free parking in the Town of Bel Air, to facilitate and encourage more citizens to patronize Downtown Bel Air businesses, shops, and restaurants during the busy holiday season. This year, the Town plans to provide free parking in all metered spaces on all public streets in the Town from November 25, 2021, to January 2, 2022. Ayes: Commissioner Bianca, Hughes, Kahoe, Richards and Chmielewski Nays: None The motion carried. 2021.10.18.MIN.BOTC.TH Page 4 of 8 NEW BUSINESS: Contract for Construction Services Police Station and Town Hall Facility Commissioner Hughes moved and Commissioner Bianca seconded the motion that the Bel Air Board of Town Commissioners approve the contract of $10,407,625.00 with Whiting-Turner Construction Company and authorize the Town Administrator to execute the contract for the expansion to the Police Department and Town Hall. Commissioner Richards struggles with the cost of the project and the reason his vote was against the Bond bill. Commissioner Richards informed of the Commissioner’s Retreat months ago, where a 10 million project with 8.5 million construction and the balance being FF&E and professional fees was discussed. Commissioner Richards stated the project we are voting on tonight is 11.8 million (10 million +) in construction and the remainder in FF&E and professional fees. Commissioner Richards stated we have not put a shovel in the ground and not flushed out the balance of the risk associated with this construction project. Commissioner Richards advised this project has to be done and he is not against the Police Station but against the current budget. Commissioner Richards knows the Town is in the middle of a pandemic, struggling with supply chain issues and construction cost. Commissioner Richards suggests the Town take additional time to continue to evaluate this project back within the norms talked about and previously approved at the retreat. Commissioner Richards commented, “I have no idea of what the future cost of this project is going to be.” Chair Chmielewski inquired if the decision on the construction contract has to be made tonight to move forward with the Bond. Ms. Moody, Director of Finance stated the deadline is October 28th. Commissioner Richards advised the Town could value engineer the project the next couple of months and apply in the spring. Chair Chmielewski asked if the ARPA funding is 100% available to use. Ms. Moody stated it will be available and discussions to permit this were made with experts on ARPA funds. Ms. Moody also informed not all monies spent so far have come from Capital Reserve because of revenues being higher. Chair Chmielewski stated we all are struggling with the unknown. Ms. Moody notified Rachel Deaner, Deputy Director of Finance, is the Manager on this project and sat on numerous conference calls and webinars. Ms. Moody stated this is a viable project for the ARPA money but not for the entire project. Commissioner Kahoe is concerned with waiting until spring because of not knowing construction cost. Commission Richards stated it is a roll of the dice but feels there is further value engineering needed for the project. Commissioner Richards wants to focus on what the Police Station needs and perhaps phasing out portions of the expansion of Town Hall. Commissioner Richards is thankful for the Federal money but struggles with project expense, not the mission. Commissioner Hughes stated we scaled back months ago and cut approximately 8,000 sf. The situation causing this project to go over what was anticipated is COVID and the use of ARPA funds because of COVID will allow 2021.10.18.MIN.BOTC.TH Page 5 of 8 us to complete this project. Commissioner Hughes advised they go hand and hand. Part of the increased cost is because when using ARPA funds it requires us to pay higher wages for certain parts of the project to meet Federal guidelines. The .04 tax increase that passed for this year’s budget would have covered this project if not using it for operation cost to improve the pay scale for our staff which Commissioner Hughes has no reservations about as staff is what keeps the Town rolling. Commissioner Hughes is worried about going back to the drawing board because construction costs continue to skyrocket. Commissioner Richards understands what is being said and commented it is never too late to make the right decision. Commissioner Hughes stated at some point it has to be time to make the right one. Commissioner Richards advised we know there will be site risks, delays on schedule, and unforeseen problems tying a new building to an old building. We are voting not on an 11.8 project; we are voting on a project of not knowing the cost when the project is done. Commissioner Bianca understands what Commissioner Richards is saying and advised this is quite the shock for a lot of us when seeing the final cost. Commissioner Bianca remarked, we have the ARPA money and is there for large infrastructure projects. Commissioner Bianca believes a lot of municipalities when bidding out infrastructure projects will find costs going through the roof. Commissioner Bianca agrees there are unknowns but the unknown of delaying this with no solid plan also worries him. In the past two decades this project was either too much or too big and if completed years ago there would have been substantial savings. Commissioner Bianca stated Commissioner Richards has been a great steward of taxpayer money for years but urges the Board to pass this through tonight. Chair Chmielewski asked is there a chance of not being approved for the Bond. Ms. Moody stated the Town would not have gotten this far if there were issues. Ms. Moody also reminded the interest rate is a huge part of the Bond and we will not know what rates may be in the future. Chair Chmielewski appreciates what Ms. Moody and staff have done. Ms. Moody advised there was no intent to use ARPA money to the fullest extent on this project. Ms. Moody stated sewer projects are an important part of the Town and this money will be looked at for that use. Ms. Moody advised there is a lot more to come with the ARPA money. Chair Chmielewski called for the vote. Ayes: Commissioner Bianca, Hughes, Kahoe, and Chmielewski Nays: Commissioner Richards The motion carried 4 to 1. 2021.10.18.MIN.BOTC.TH Page 6 of 8 Sidewalk Tripping Hazzard Removal Contract Commissioner Hughes moved and Commissioner Bianca seconded the motion that the proposal of Precision Concrete Cutting of Delaware and Maryland, 215 Middleboro Road, Wilmington, Delaware 19804 to furnish all labor, materials, and equipment to remove sidewalk trip hazards in a number of locations in Town for an amount not to exceed $41,500.00 be accepted by the Bel Air Board of Commissioners. Commissioner Richards commented this is a great program and an amazing way to avoid replacing sidewalks over the years. Commissioner Bianca appreciates this program especially when pushing his children in a stroller or wagon. Ayes: Commissioners Bianca, Hughes, Kahoe, Richards and Chmielewski Nays: None The motion carried. PUBLIC ANNOUNCEMENTS: Chair Chmielewski thanked DPW staff for their outstanding efforts during the BBQ Bash. Chair Chmielewski reported: • October 22 & 23 – last two days for Haunt & History Tour. • October 27th – Shamrock Park Social • October 27th – Comprehensive Plan meeting at the Armory 6:00 – 8:00 p.m. Suggestions can also be made on the Town’s website. • October 29th – Bel Air Lions Club is hosting the Police Explorers Bingo at the Armory. Doors open 6:00 p.m. and bingo begins at 7:00 p.m. Link for tickets can be found at BelAirLionsClub.org ($15 in advance, $20 at the door). • October 30th – Trick or Treat on Main and Bond Streets from 1:00 – 3:00 pm. Orange flyers will be placed in windows of businesses participating. • October 30th – Legends Ball to benefit LASOS at the Armory from 7:30 – 11 p.m. Dress as your favorite local, historical or famous legend. Ticket information on LASOS website or contact Amanda@LASOS.org. • October 31st – Town of Bel Air Trick or Treat is 5:00 - 8:00 p.m. Please put your lights on and be watchful for children when driving. Commissioner Kahoe and Commissioner Biance attended the Bel Air Police Department free ID for kids. Commissioner Bianca advised there were snakes, lizards and a jump house for the children to enjoy. 2021.10.18.MIN.BOTC.TH Page 7 of 8 PUBLIC COMMENTS: Mr. French Poole, Giles Street, Bel Air, Md. thanked the Commissioners, Department Heads and employees for their devotion and dedication to the Town of Bel Air during this pandemic. Mr. Poole stated he is blessed to live in the Town. Mr. Poole advised being a Traffic Manager for Belko Rubber Corporation for 21 years where they had government contracts. A military inspector asked why prices were so low. Mr. Poole went to the President of the company who said because it is for our Country and we sell to the government for the same price as the general public. The contract was lost for approximately 8 months and the government came back because their low bid was $35.00 p/ft and Belko charged $5.40 p/ft. COMMISSIONER COMMENTS: None. CLOSED MEETING: At 8:13 p.m. Commissioner Bianca moved and Commissioner Hughes seconded the motion to close this meeting under the provisions of the Maryland Open Meetings Act General Provisions Art. § 3-305(b)(1) in order to discuss a personnel issue. Ayes: Commissioners Bianca, Hughes, Kahoe, Richards and Chmielewski Nays: None The motion carried. The meeting reopened at 9:02 p.m. ADJOURNMENT: The meeting was adjourned at 9:02 p.m. APPROVED: November 1, 2021 Signature on file______________ Amy G. Chmielewski, Chair Board of Town Commissioners Signature on file_________________ Michael L. Krantz, Town Clerk 2021.10.18.MIN.BOTC.TH Page 8 of 8