Deposition of: Talbot County Council Meeting January 14, 2020 In the Matter of: Talbot County Council Meeting Veritext Legal Solutions 800-734-5292 | [email protected] | Talbot County Council Meeting January 14, 2020 Page 1 1 COUNTY COUNCIL OF TALBOT COUNTY, MARYLAND 2 3 4 Council Meeting 5 6 7 January 14, 2020; 6:00 p.m. 8 9 10 Council Chambers, Easton, Maryland 11 12 13 COUNCIL MEMBERS: 14 Corey W. Pack 15 Chuck F. Callahan 16 Frank Divilio 17 Pete Lesher 18 Laura E. Price 19 20 Reported by 21 Diane Houlihan Veritext Legal Solutions 202-803-8830 -- 410-494-8300 Talbot County Council Meeting January 14, 2020 Page 2 Page 4 1 TRANSCRIPT OF PROCEEDINGS 1 minutes? Hearing none, the chair moves that 2 2 they be accepted also with unanimous consent. 3 MR. PACK: Good evening, everyone. If you 3 Also within your packet you have 4 wouldn't mind standing with us, please, for an 4 disbursements from December 24th, 5 opening prayer followed by the Pledge of 5 December 31st, January 7th, and January 14th. 6 Allegiance. 6 Again, we had a chance to review them, ask any 7 (Prayer and Pledge of Allegiance.) 7 questions of Ms. Lane, our finance officer. Do 8 MR. PACK: Thank you. Thank you all for 8 we have any additions, deletions, or 9 coming out and being with us, and happy 2020. 9 corrections to those disbursements? Hearing 10 This is our first meeting of this new decade. 10 none, the chair moves that they also be 11 Council, good seeing you again. Haven't seen 11 accepted with unanimous consent. 12 you since the last decade. 12 Mr. Shafer, if you wouldn't mind coming up 13 Council, you have before you our agenda. 13 to the table. We moved you up on the rotation 14 Is there any additions, deletions, or 14 here. 15 corrections? 15 We're going to hear now from Mr. Kevin 16 Council, I do have one item I'm going to 16 Shafer. He's the plant operations and 17 move up. We have a presentation by Mr. Shafer 17 maintenance manager for Talbot County Public 18 dealing with the Easton Elementary School 18 Schools. He has for us an adjustment to the 19 project. I'm going to move that up to item 19 fees for the new elementary school here in 20 number six so we can go ahead and hear from 20 Easton. So we want to hear from him before we 21 Mr. Shafer and get him on his way regarding 21 go forward. Page 3 Page 5 1 those adjustments to that project, if there's 1 Kevin, the floor is yours. 2 no objection to that. So we'll move him up to 2 MR. SHAFER: Thank you, President Pack. 3 item number six, just after the -- actually 3 Good evening, members of the Council. I'm 4 before the proclamation. So after we do the 4 accompanied tonight by Mr. Tom King, project 5 disbursements. 5 architect, and Mr. Chuck Weber, as you know, 6 Is Mr. Shafer in the room? Chuck, could 6 representative for the Council to the project. 7 you grab him? 7 And as President Pack described, we are 8 MR. WEBER: He should be here any second. 8 here this evening to formalize our request 9 MR. HOLLIS: He's in the hallway, 9 pertaining to the fee adjustment associated 10 Mr. President. 10 with the design services with the Easton 11 MR. PACK: Let him know he's on deck. 11 Elementary School project. 12 With that change being made, any more 12 More specifically, the architectural firm, 13 additions, deletions, or corrections to the 13 Noelker and Hull, is requesting a fee 14 agenda? Hearing none, the chair moves that the 14 adjustment for the additional services provided 15 agenda be accepted with unanimous consent as 15 to the project resulting from circumstances 16 adjusted. 16 that were unforeseen at the time of the 17 And Council, you have also in your packet 17 solicitation process and contract negotiation 18 minutes from November the 17th, December the 18 process. 19 10th, and December the 17th. We had a chance 19 The Council has the formal letter that I 20 to go through those minutes. Are there any 20 submitted to the Council and attached to that, 21 additions, deletions, or corrections to those 21 was on December 6th, and attached to that is 2 (Pages 2 - 5) Veritext Legal Solutions 202-803-8830 -- 410-494-8300 Talbot County Council Meeting January 14, 2020 Page 6 Page 8 1 the request from Mr. King describing in detail 1 during the solicitation process. 2 the request. 2 MS. PRICE: Who changed it? Was this a 3 And so we are here to certainly answer any 3 State mandate? 4 questions that the Council may have pertaining 4 MR. KING: Kevin, maybe I can clarify this 5 to the request, but the request is centered 5 a bit. 6 around, as I said before, the services that 6 First of all, LEED is an acronym for 7 were outside the contract negotiation process 7 leadership in energy and environmental design. 8 and mostly centered around the LEED 8 As most of you are aware I'm sure, there's a 9 certification process. 9 great deal of interest today in sustainable 10 MR. PACK: Can you speak to us about the 10 construction. 11 LEED certification process? Why this, I'm not 11 Back in 2007, the Maryland legislature 12 going to say caught you off guard, why it was 12 adopted legislation mandating that all 13 not considered within the normal course of 13 State-funded projects had to meet a certain 14 planning? 14 LEED certification level. This has to do with 15 MR. SHAFER: Yes. So President Pack, I 15 sustainable issues, energy savings, and so 16 guess I want to, before going into the LEED 16 forth. 17 issue, I just want to make sure that you 17 But they also mandated that there had to 18 understand we, as the project leadership team, 18 be a neutral third party review to assure that 19 are very acutely aware of the Council's 19 we were meeting these standards. Third party, 20 perspective regarding this project and the 20 arm's length, out of our control, away from our 21 associated budget. And we are continuing to do 21 control. But they mandated that, of course, Page 7 Page 9 1 our absolute best to meet those requirements 1 whatever cost was associated with that, has to 2 and those expectations. 2 be paid by someone. And that's the local 3 The LEED certification for the project is 3 agency. 4 required by the State at a minimum of LEED 4 So in the course of this project, we have 5 silver level. 5 fulfilled our design end of it, but we had to 6 And so the contract and RFP specified that 6 submit all this paperwork for this 7 the architect meet the current standard at the 7 certification process. 8 time. And the complicating issue really is 8 I do have a bit of good news. It's a 9 centered around the LEED version that was 9 little late for the project, but the Maryland 10 required, that was in place at the time, and 10 legislature just in November of this year 11 the movement from LEED version three, which was 11 enacted legislation rescinding that third party 12 during the initial planning phases, moved to 12 requirement. Hence forth, they're going to 13 four and then to five. And I know this gets 13 require that the design be monitored by the 14 complicated, but because of the requirements in 14 architects. 15 version four that went to five, they revised it 15 The situation we found ourselves here is 16 back to 4.1. And I know, I apologize for all 16 we were having people tell us what we 17 the versions there. 17 essentially already knew, but we had to pay 18 But ultimately, it was beyond the 18 them to monitor and audit the design to 19 expectation of Talbot County Public Schools to 19 determine that, yes, in fact, you have met 20 expect that the architect would be able to 20 these requirements. 21 manage that and also assess a fee to that 21 And in essence, the State and the 3 (Pages 6 - 9) Veritext Legal Solutions 202-803-8830 -- 410-494-8300 Talbot County Council Meeting January 14, 2020 Page 10 Page 12 1 Department of General Services have seen that 1 But in the requirements, everyone is in 2 perhaps this is not the most cost effective way 2 favor of electric-powered vehicles. Well, we 3 to spend tax payers' money. Since we already 3 were mandated to put in charging stations for 4 hired an expert who supposedly knows what he's 4 electric-powered vehicles. And this is roughly 5 doing, why do we need another expert to tell 5 a cost item of maybe $14,000 per space. We 6 him what he already knows. 6 said well, why do that, why not just allow for 7 Now, that's over simplification of the 7 this to be added in the future when we have 8 process. But in the end, we did incur the 8 more electric-powered vehicles.