Board of Town Commissioners

Name: Board of Town Commissioners — Bel Air, MD
Start: 2023-09-05
End: 2023-09-05
Location: Bel Air, MD

Regular Meeting

Bel Air, MD · September 5, 2023

Minutes

MINUTES BOARD OF TOWN COMMISSIONERS September 5, 2023 The regular meeting of the Board of Town Commissioners was called to order on Tuesday, September 5, 2023, 6:00 p.m., Town Hall, 39 N. Hickory Avenue, Bel Air, Md. MEMBERS PRESENT: Commissioner Kevin M. Bianca, Chair Commissioner Mary F. Chance Commissioner Paula S. Etting Commissioner Erin S. Hughes Commissioner Donna L. Kahoe STAFF PRESENT: Edward Hopkins, Town Administrator Stephen Kline, Director of Public Works Michael Krantz, Director of Administration Lisa Moody, Director of Finance Charles Moore, Chief of Police Angela Robertson, Director of Economic Development Kevin Small, Director of Planning David Anderson, Media & Public Relations Specialist Elizabeth Thompson, Town Attorney Joan Suitt, Recording Secretary APPROVAL OF AGENDA: Commissioner Kahoe moved and Commissioner Etting seconded the motion to approve the Agenda as written. Ayes: Commissioners Chance, Etting, Hughes, Kahoe and Bianca Nays: None The motion carried. APPROVAL OF MINUTES: Commissioner Kahoe moved and Commissioner Etting seconded the motion that the minutes of the Bel Air Board of Town Commissioners held on August 15, 2023, August 21, 2023 be approved as submitted. Ayes: Commissioners Chance, Etting, Hughes, Kahoe and Bianca Nays: None Recuse: Commissioner Kahoe – August 15, 2023 meeting The motion carried. 1 PRESENTATION: Arts Across Harford Proclamation The Town of Bel Air is home to a state-designated Arts & Entertainment District whose mission is to promote and enhance arts and entertainment offerings and opportunities to create a unique and vibrant community where people and businesses want to live, work and play. Chair Bianca informed the Arts Across Harford is partnering with Visit Harford, to promote arts events and show support for local artists and arts organizations. Arts Across Harford will provide opportunities for tourism and give our residents occasion to experience a wide range of arts programming. Chair Bianca encouraged everyone to visit the Town’s Harford Arts Association that provides opportunities for many talented artists. On behalf of the Bel Air Board of Commissioners, Chair Bianca proclaimed September 15th through September 30th as Arts Across Harford. PUBLIC HEARING Ordinance 815-23 - Amendments to Town Code Chapter 37 Elections Regarding New Campaign Finance Regulations Mr. Krantz, Director of Administration, reported the Bel Air Town Code does not have regulations governing campaign finance or public reporting of campaign contributions or expenditures. The following amendments to Bel Air Town Code Chapter 37 Elections have been recommended: 1. Set a start time indicating when a citizen may file a certificate of candidacy prior to the deadline of forty-five days before the scheduled election. 2. Adopt campaign finance reporting and campaign contribution limitations and usage regulations for candidates for Commissioner of the Town of Bel Air to protect the integrity of the Town of Bel Air’s municipal election by requiring transparency and reporting on the disposition of campaign contributions and expenditures. Recommended Definitions: • Campaign Financial Report • Financial Contribution • Electoral Purpose • Expenditure Amendments: • § 37-26 Campaign Finance Reporting - Section A. - January 31st final campaign finance report deadline eliminated. 2 • § 37-27 Limitation and Use of Campaign Contributions Section E.-receipts not required to be reported with campaign finance reports. • Added - Ordinance No. 815-23 shall become effective 1/1/2025 and removed previous language. Mr. Krantz notified the limitation of no more than $1,000 in contributions, including cash, gifts or in-kind services may be contributed by one person or organization to each individual candidate remains the same. Mr. Krantz further advised candidates may self-fund their campaign without limitations. Chair Bianca called for public comments. There were none. Chair Bianca called for Commissioner comments. Commissioner Etting stated reasons for justification of this legislation were concerns with outsiders interfering with the way Town elections have been run and rumors on the internet. Commissioner Etting advised these cannot be prevented. This legislation was introduced this year by the State Legislature and did not make it out of Committee. The Maryland Municipal League (MML) provided written testimony against it saying this was unnecessary because many jurisdictions require Ethics Laws to have elected officials/some employees to file financial disclosures which cover relationships, debts, and gifts for the public to make sure about impartiality. Commissioner Etting agrees with MML being concerned with forcing to create and administer a campaign finance system because it can deter other candidates from running for public office. Commissioner Etting stated this is a small Town and does not see any problems that need fixing. Commissioner Hughes is in favor of this legislation and advised the Town of Bel Air is the 21st or 22nd largest municipality out of 157. Commissioner Hughes stated this legislation will provide transparency for the public and candidates. It is in the best interest of candidates, residents and the Town to have information available. Commissioner Etting advised Commissioner Chance was interested in what candidates can or should do with their campaign finance balance. This legislation does not do that. Commissioner Chance notified of not wanting to dictate what a candidate would do with their balance and only shared what she has done. Commissioner Chance stated this is an important piece of legislation because people are looking for transparency and this provides it. Chair Bianca reported 77% of Americans think there should be limits on the amounts of money individuals/groups can spend on campaigns and 66% believe in new laws could be written that would be effective in reducing the role of money in politics. Chair Bianca feels this legislation is a good first step and is thankful for the hard work completed. 3 As there were no further comments, Chair Bianca closed the Public Hearing. UNFINISHED BUSINESS Ordinance 815-23 Amendments to Town Code Chapter 37 Elections Regarding Campaign Finance Regulations Commissioner Hughes moved and Commissioner Kahoe seconded the motion that Ordinance No. 815-23, amending Bel Air Town Code Chapter 37 Elections, Section § 37-1 Definitions, and Section § 37-6 General Elections Subsection C. Filing of Certificate of Candidacy, and Adding Section § 37-26 Campaign Finance Reporting, and Section § 37-27 Limitation and Use of Campaign Contributions, be approved by the Bel Air Board of Town Commissioners with the following amendments: • § 37-26 Campaign Finance Reporting - Section A. - January 31st final campaign finance report deadline eliminated. • § 37-27 Limitation and Use of Campaign Contributions Section E.-receipts not required to be reported with campaign finance reports. • Added - Ordinance No. 815-23 shall become effective 1/1/2025 and removed previous language. Ayes: Commissioners Chance, Hughes, Kahoe and Bianca Nays: Commissioner Etting The motion carried. PUBLIC COMMENTS ON NEW BUSINESS ITEMS: None. NEW BUSINESS: Operations/Administration/Finance/General Fund Capital Reserve Commissioner Kahoe moved and Commissioner Etting seconded the motion that amended Operations/Administration/Finance Policy I.E.20 for the General Fund Capital Reserve, be approved by the Bel Air Board of Town Commissioners. Ayes: Commissioners Chance, Etting, Hughes, Kahoe and Bianca Nays: None The motion carried. Operations/Administration/Finance/General Fund Leave Payout Reserve Commissioner Kahoe moved and Commissioner Etting seconded the motion that amended Operations/Administration/Finance Policy I.E.23 for the General Fund Leave Payout Reserve, be approved by the Bel Air Board of Town Commissioners. Ayes: Commissioners Chance, Etting, Hughes, Kahoe and Bianca 4 Nays: None The motion carried. Department of Public Works Ford Explorer Vehicle Purchase Commissioner Etting moved and Commissioner Chance seconded the motion that the bid of Apple Ford, Inc., 8800 Stanford Blvd, Columbia, Maryland as provided to and accepted by Baltimore County Maryland for a 2023 Ford Explorer for $43,405.32 be accepted by the Bel Air Board of Town Commissioners. Ayes: Commissioners Chance, Etting, Hughes, Kahoe and Bianca Nays: None The motion carried. Department of Public Works Purchase of Diesel-Powered Air Compressor Commissioner Etting moved and Commissioner Chance seconded the motion that the proposal of Valley Supply and Equipment, 1109 Middle River Road, Baltimore, Maryland, for a Chicago Pneumatic CPS185 Air Compressor in the amount of $17,937.95 be accepted by the Bel Air Board of Town Commissioners. Commissioner Kahoe is please the cost of the compressor is $10,000 under budget. Ayes: Commissioners Chance, Etting, Hughes, Kahoe and Bianca Nays: None The motion carried. Department of Public Works On-Call Electrical Services Contract Commissioner Chance moved and Commissioner Hughes seconded the motion that the prices, terms, and conditions of Lucasia Power and Lighting, 1006 Saddleback Way, Bel Air, Maryland, as provided to and accepted by Harford County Public Schools Bid No. 20-JHS-054 for on call Electrical Services be also accepted by the Bel Air Board of Town Commissioners for a Contract not to exceed $75,000. Ayes: Commissioners Chance, Etting, Hughes, Kahoe and Bianca Nays: None The motion carried. PUBLIC ANNOUNCEMENTS: Chair Bianca informed: • Saturday, September 9th – Travel back in time to the 1920’s with the Speakeasy to include catering, raffles, and ragtime music. Sponsored by the Bel Air Downtown Alliance, 6:00 – 9:00 p.m. at the Armory. Tickets are available online. 5 • Saturday, September 16th – Annual Community Collection, 8:00 a.m. – 12:00 noon at the Bel Air High School parking lot. Items being collected can be found on the Town’s website. Document shredding will also be available. • Sunday, September 17th – Bel Air Festival of Arts, 9:00 a.m. – 5:00 p.m. at Shamrock Park. PUBLIC COMMENTS: None. COMMISSIONER’S COMMENTS AND LIAISON REPORTS: Commissioner Etting informed the Elderly and Needy Citizen Committee will meet on Tuesday, September 26th, 8:30 a.m. at Town Hall. Commissioner Etting advised the Planning Commission will meet on Thursday, September 7th at 6:00 p.m. Chair Bianca thanked the Harford Artist Association for the wonderful classes his son attended to learn about painting. ADJOURNMENT: The meeting was adjourned at 6:30 p.m. APPROVED: September 18, 2023 Signature on file________________ Kevin M. Bianca, Chair Board of Town Commissioners Signature on file_______________ Michael L. Krantz, Town Clerk 6

Agenda

Bel Air Board of Town Commissioners Town Hall Meeting Agenda September 5, 2023, at 6:00 PM Bel Air Town Hall 39 N. Hickory Ave., Bel Air, MD 21014 1. CALL TO ORDER 2. PLEDGE OF ALLEGIANCE 3. APPROVAL OF AGENDA 4. APPROVAL OF MINUTES 5. PRESENTATION a. Arts Across Harford Proclamation 6. PUBLIC HEARING a. Ordinance 815-23 Amendments to Town Code Chapter 37 Elections Regarding New Campaign Finance Regulations 7. UNFINISHED BUSINESS a. Ordinance 815-23 Amendments to Town Code Chapter 37 Elections Regarding New Campaign Finance Regulations 8. PUBLIC COMMENTS ON NEW BUSINESS ITEMS 9. NEW BUSINESS a. Policy Amendment I.E.20 General Fund Capital Reserve b. Policy Amendment I.E.23 General Fund Leave Payout Reserve c. Department of Public Works Ford Explorer Vehicle Purchase d. Department of Public Works Air Compressor Purchase e. Department of Public Works On-Call Electrical Services Contract 10. PUBLIC ANNOUNCEMENTS 11. PUBLIC COMMENTS 12. COMMISSIONER’S COMMENTS AND LIAISON REPORTS 13. ADJOURNMENT Commissioners of Bel Air Agenda September 5, 2023 Public Hearing Ordinance No. 815-23 Amendments to Town Code Chapter 37 Elections Regarding Campaign Finance 1. Background a. Currently, the Bel Air Town Code does not have regulations governing campaign finance or public reporting of campaign contributions or expenditures. 2. Primary Issues a. The following amendments to Bel Air Town Code Chapter 37 Elections have been recommended: i. Set a start time indicating when a citizen may file a certificate of candidacy prior to the deadline of forty-five days before the scheduled election; and ii. Adopt campaign finance reporting and campaign contribution limitations and usage regulations for candidates for Commissioner of the Town of Bel Air to protect the integrity of the Town of Bel Air’s municipal election by requiring transparency and reporting on the disposition of campaign contributions and expenditures. 3. Discussion a. See attached Ordinance and recommended amendments. b. Amendments made following the introduction of Ord. No.815-23 are as follows: i. § 37-26 Campaign Finance Reporting - Section A. - January 31st final campaign finance report deadline eliminated. ii. § 37-27 Limitation and Use of Campaign Contributions Section E. - receipts not required to be reported with campaign finance reports. iii. Lastly, added Ord. No. 815-23 shall become effective 1/1/2025 and removed previous language. 4. Recommendation a. Staff recommends that Ordinance No. 815-23 be approved by the Board of Town Commissioners. Commissioners of Bel Air Agenda September 5, 2023 Operations/Administration/Finance/General Fund Capital Reserve RECOMMENDED MOTION: "...that amended Operations/Administration/Finance Policy I.E.20 for the General Fund Capital Reserve, be approved by the Board of Town Commissioners." 1. BACKGROUND In an effort to better fund General Fund capital projects in the Town’s 5-year Capital Improvement Program (CIP), a General Fund Capital Reserve account (“Reserve”) was established in 2012 as required by the policy. 2. PRIMARY ISSUES Over the last several years, prior to fiscal year 2024, capital projects had been consistently cut from the budget because current year revenues were insufficient to fund them; however, in the fiscal year 2024 budget, the staff recommended to the Board to utilize the monies in the Reserve to fund the capital projects. We cannot continue to kick the can down the road on capital repairs to our infrastructure, and we do not want viable projects for the community to continue to sit on the CIP. Due to a change in our focus, the staff reviewed the policy to determine if any amendments should be recommended with the assumption that we would continue to fund capital projects from the Reserve in the future. 3. DISCUSSION/EXPLANATION Monies are transferred to this Reserve account in two ways: 1. During each budget process, the Town will include an expenditure between $20,000 and $50,000 which will be funded with the current year’s revenues and be transferred to the Reserve account. (No change recommended) 2. At the end of each fiscal year, based on the final audited numbers, the Town will transfer up to an additional 50% of the excess of revenues over expenditures to the Reserve account. The staff recommends that 50% be changed to 75% to allow the Town Administrator more flexibility to transfer monies, especially if we are going to start to utilize those funds. Monies in this Reserve account will be used only toward the funding of General Fund capital projects which are outlined in the CIP. The balance in the Reserve, as of the last fiscal year audit on June 30, 2022, is $3,421,086. These changes would be effective for the fiscal year ending June 30, 2023. 4. RECOMMENDATION The staff recommends that the Board of Town Commissioners approve the General Fund Capital Reserve policy as amended. Commissioners of Bel Air Agenda September 5, 2023 Operations/Administration/Finance/General Fund Leave Payout Reserve RECOMMENDED MOTION: "...that amended Operations/Administration/Finance Policy I.E.23 for the General Fund Leave Payout Reserve, be approved by the Board of Town Commissioners." 1. BACKGROUND To lessen the burden on the current year budget, a General Fund Leave Payout Reserve account (“Reserve”) was established in 2016 from which leave payouts may be paid as required by the policy. 2. PRIMARY ISSUES When an employee leaves the Town’s employment, the Finance Department determines whether he/she is eligible to be paid for earned sick, vacation, or compensatory leave. In most cases, the annual budget is prepared without any knowledge of an employee leaving the Town’s employment, so the money must be found in the current budget which may lead to expenditure cuts if there are no additional revenues to fund the payout. In the next 5 years, we anticipate many of the long-term employees, with significant leave balances, to retire which has led to a review of the policy. 3. DISCUSSION/EXPLANATION Monies will be transferred to this Reserve account in two ways: 1. During each budget process, the Town will include an expenditure between $10,000 and $30,000 which will be funded with the current year’s revenues and be transferred to the Reserve account. (No change recommended). 2. At the end of each fiscal year, based on the final audited numbers, the Town will transfer up to an additional 25% of the excess of revenues over expenditures to the Reserve account. The staff recommends that 25% be changed to 50% to allow the Town Administrator more flexibility to transfer monies, which will enable the Town to maintain a sufficient balance to fund potential leave balance payouts. Once the Reserve reaches a balance of $200,000, no further transfers to the Reserve shall take place until the balance is drawn down. The staff recommends that $200,000 be changed to $300,000 in order to maintain a larger ceiling to fund potential leave balance payouts. Monies in this Reserve account will only be used toward the funding of employee leave payouts that are in excess of $2,500 per employee. The staff recommends that $2,500 be changed to $5,000 since the staff has found that $2,500 is too low of a requirement. The balance in the Reserve, as of the last fiscal year audit on June 30, 2022, is $139,318. These changes would be effective for the fiscal year ending June 30, 2023. 4. RECOMMENDATION The staff recommends that the Board of Town Commissioners approve the General Fund Leave Payout Reserve policy, as amended.

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