Board of Town Commissioners

MINUTES BOARD OF TOWN COMMISSIONERS April 16, 2018 The Board of Town Commissioners was called to order on Monday, April 16, 2018 at 7:33 p.m., Town Hall, 39 N. Hickory Avenue, Bel Air, Maryland. MEMBERS PRESENT: Commissioner Susan U. Burdette, Chair Commissioner Philip L. Einhorn Commissioner Amy G. Chmielewski MEMBERS ABSENT: Commissioner Brendan P. Hopkins Commissioner Patrick T. Richards STAFF MEMBERS PRESENT: Trish Heidenreich, Director of Economic Development Steve Kline, Director of Public Works Michael Krantz, Director of Human Resources and Administration Lisa Moody, Director of Finance Charles A. Moore, Chief of Police Kevin Small, Director of Planning STAFF MEMBERS ABSENT: L. Jesse Bane, Town Administrator OTHERS: Charles Keenan, Town Council Kathi Santora, Recording Secretary 1. CALL TO ORDER: Chair Susan Burdette called the Bel Air Board of Town Commissioners meeting of April 16, 2018 to order at 7:33 p.m. 2. PLEDGE of ALLEGIANCE Chair Burdette led the audience in the Pledge of Allegiance. 3. APPROVAL OF AGENDA Chair Burdette called for a motion to approve the agenda. Commissioner Chmielewski made the motion and Commissioner Einhorn seconded. There were no further comments and the agenda was approved. 4. APPROVAL OF MINUTES Chair Burdette called for a motion to accept the minutes of April 2, 5, 10, and 12. After discussion it was determined that there were only enough Commissioners present at those meetings and tonight’s meeting to approve the April 5th Minutes. Commissioner Chmielewski moved that the Minutes of April 5, 2018 be approved. Commissioner Einhorn seconded. Minutes approved. Mr. Krantz stated that the remaining Minutes will be introduced for approval at a future meeting. Chair Burdette noted that there have been some recent illnesses among Town Commissioners and some staff, which accounts for these absences. 5. PRESENTATIONS 1  Student Achievement Award: Chair Burdette presented the 2018 Student Achievement Award to St. Margaret School student Claire Minde, whose extended family was also in attendance. Chair Burdette spoke to those in attendance about Claire’s achievements. She was described as a kind, caring and respectful person who is a positive role model to others. She is the example of “Be the Peace” school initiative. She is an emerging leader and takes part in many school and community initiatives. The Board encourages Claire to continue her commitment to excellence. 6. PUBLIC HEARINGS Chair Burdette announced the beginning of four (4) public hearings. She noted that this is not a question and answer session. Rather it is an opportunity for attendees to share their opinions with Town Commissioners. She noted that all comments are recorded in audio and written formats and will be reviewed by all Town Commissioners. All previous printed and electronic correspondence on these issues have been retained as well. Due to Commissioner absences, it is unlikely that a decision will be rendered this evening. All commissioners remain open to all information and no decisions have been made. They are glad that such a large group of people turned out tonight. a. Ordinance Num. 784-18 Amendments to Town Code Chapter 450, Vehicles and Traffic, Article III. Regulations 450-37 Fire Lanes and Unobstructed Areas for Fire Hydrants Chair Burdette called on Chief Moore who provided the following summary: Chapter 450-37 of the Town of Bel Air Code establishes regulations concerning “Fire Lanes and Unobstructed Areas for Fire Hydrants.” The Code defines the authority for determining when a fire lane is required and the authority for approving fire lane signage and curb painting; designating the property owner as being responsible for posting the proper signage and curb painting; and the proper signage and curb painting requirements to properly designate a fire lane. The code also delineates the clear space needed around fire hydrants; and the requirement for property owners to maintain an unobstructed path from a curb to a fire department connection on a building. In 2017 parking enforcement personnel noted that amendments to Chapter 450-37 were needed for proper enforcement of parking violations at designated fire lanes. More specifically, the code was lacking ‘Fire Lane – No Parking’ signage standards/dimensions and mounting standards. A further review of the code revealed that an additional amendment was needed to alter the approving authority of ‘Fire Lane – No Parking’ signage to be the Director of Public Works, rather than a ‘fire official.’ This further change will make the Code more consistent with requirements found in Chapter 204-2. The last amendment will authorize parking enforcement officials to properly enforce the Town Code, Chapter 450. These changes to Chapter 450-37 will aid in assuring free access of designated fire lanes by fire department vehicles and other emergency vehicles and enable parking enforcement personnel to more adequately enforce code provisions. The Police Department and Town Staff recommend that the Board of Town Commissioners adopt Ordinance Num. 784-18. There were no additional comments. The hearing was closed. b. Ordinance Num. 785-18 Trees Chair Burdette called on Mr. Small. The Town Tree Committee began working on this Ordinance as one of its first priorities in 1991. Though there have been some additional policies, the Ordinance has not been revised in 25 years. 2 The current Ordinance needs updating to address residential tree policies, replacement programs and the Town’s urban tree canopy roles, which are part of Tree City USA. The revised Ordinance incorporates these issues as well as other tree maintenance practices. The Tree Committee spent most of 2017 reviewing and making recommendations. They reviewed materials from other jurisdictions and made recommendations based on established practices from the National Arbor Day Foundation. The staff and Tree Committee recommend approval of Ordinance 785-18. There were no public or Commissioner comments. The hearing was closed. c. Ordinance Num. 786-18 Amendment to the Town Code Chapter 272, Itinerant Dealers, Peddlers and Solicitors Chair Burdette introduced the topic and called on Mr. Krantz. Mr. Krantz described the history of changes to this code, which occurred in January and August 2013 and included this language: “At no time should an Itinerant Dealer or Peddler sell from the right of way of Main Street or Bond Street between Broadway and Heighe Street.” A map has been maintained that highlighted the public right of way and zones where Peddlers and Dealers may operate with a license. This evening’s public hearing is a result of a petition filed by AleCraft Brewery that requests that food trucks be allowed to operate on their property at 319 S. Main Street. The current map and code does not allow food trucks at the location. In response, Town staff has amended the code to 1) increase accessibility for such dealers to operate within the Town of Bel Air limits by adding permanent blue zones along the 300 block of S. Main Street, between Baltimore Pike, between Fulford Avenue and Powell Avenue. The expansion would also include the Bel Air Armory and adjoining properties and the Pennsylvania Avenue parking lot and adjoining properties. These areas are clearly shown in the revised map that was distributed with the Public Notice. In addition, other revisions include removing the red zone between Cressy Road near Tire Village and Nichols Street near Hearthstone Village. The revisions also include removing an incorrect red zone near W. McPhail Road near Rt. 24. This is near the Upper Chesapeake Medical Center; there are no parking signs in that area. There is also a proposal to add a red zone along Lee Street between N. Main Street and Hickory Avenue. There were also language recommendations made. For example, it is proposed that the previous reference to Heighe Street be changed to US Business 1, Baltimore Pike or Fulford Avenue. Also, Section 272-12 clarifies the appeals process. Mr. Krantz addressed the Commissioners and recommended, on behalf of Town staff, that Ordinance 786-118 be adopted. Chair Burdette opened the meeting to public comment. She asked speakers to limit comments to three (3) minutes if representing themselves and to five (5) minutes if representing a business or organization. She added that Commissioner Einhorn will time testimonies and signal when allotted time ends. Jeff Morris, representing the Maryland Vending Food Association and Maryland Food Truck Association: Mr. Morris stated that he and these organizations support this 3 Ordinance. He states that research shows that towns and cities that support food trucks also show growth in restaurants. For example, restaurants along Thames Street in Baltimore’s Fells Point welcome food trucks. They draw people into the marketplace. A newspaper in Jacksonville, Florida reported that food trucks were a factor in redevelopment of the area. He added that some people express concern about licensing and cleanliness. However, as a food truck owner, as well as a brick and mortar restaurant owner, he notes that food trucks are subject to many more inspections. Nicole Youse, owner of Crossroads Bistro, a Harford County-based food truck: Ms. Youse owns the food truck with her husband Brian. They are long-time Harford County residents. She and her husband trained in cooking at the Greenbrier Resort and returned to Harford County to open the food truck. They invested all of their savings. However, they are extremely limited in where they can park. They do serve at Independent Brewery on the north end of Bel Air. Recently, they spent many hours getting an exception to serve at a private event at the Bel Air Armory. They have had to decline many other opportunities due to current restrictions. Studies from the Institute of Justice conclude that these restrictions do not protect public safety or health. Rather they stifle entrepreneurship, destroy jobs and hurt customers. The study states that restrictions are the result of lobbying efforts by well-connected restaurant owners. Ms. Youse clarifies that they are asking for two additional blue areas on the map as a start and to begin to level the playing field. She added that Crossroads Bistro pays many of the same expenses as restaurants, pays taxes, trains staff in best practices and supports local charities. Brad Stover, representing Looney’s Pub: Mr. Stover noted that his client is not against competition, but wants to make sure that competition is on the same field. His client asked him to address the issue of capital investment that all brick and mortar businesses undertake. Those who fall under this Ordinance may be food trucks; others may offer various retail services as well. This investment starts with lease or purchase negotiations. They go on to invest in hiring or consulting with professional architects, engineers, attorneys, lenders and builders. There are start-up costs and personnel costs. He states that these costs can go into the six figures. He stated that this investment encourages people to work to succeed. He stated that there are good mobile businesses, but they don’t have the level of investment that brick and mortar businesses have. The concern is that it creates a competitor that may not be of similar high quality. In closing, he stated that he is speaking on behalf of his client in opposition of Ordinance 786-18. Paul Thompson, 210 Hickory Avenue, Bel Air: Mr. Thompson noted that he is representing himself, not any of the local commissions in which he is currently involved. He stated that when he moved to Bel Air, there were less than a half-dozen restaurants. It took 25 years to build a critical mass. He cautions the Commissioners to think through the issues and look at how well this local industry has evolved over the years. He believes changing the map may not be the best solution. He suggests that food truck candidates go through a formal special exception process. The plan would include the 4 location of the food truck. Amendments would require another approval. With this method, adjacent businesses and property owners could voice support or opposition. It makes more sense to do this than continuing to adjust the map in the future. He stated that this is all he asks the Commissioners to consider. Jim Hall, representing APG Federal Credit Union (APG FCU), 321 S. Main Street, Bel Air: The APG property is on Main Street and follows along in the rear to Barnes and Powell Avenue near the site of AleCraft Brewery. He notes that APG FCU generally supports businesses that promote economic development. He expects their members and employees to be among the first customers of local food trucks. Their concerns are based on pedestrian safety, private property concerns, health, traffic regulation and noise control. The current legislation does not address noise levels such as radio, announcements or PA systems. The current regulations cover trash receptacles, but he does not believe that the proposed regulation does this. There is no onus on vendors to clean up on an ongoing basis during the day. They also believe that restricted areas should be identified on the map as well. They do not want vendors or the public to mistake the AleCraft property for their property if they have not given permission. In addition, there are no regulations that limit pedestrian traffic from congregating at access points or in their parking spaces. Mr. Hall stated that APG FCU can make these points available in writing if requested. Ron Shaffer, 205 Decoy Drive, Havre de Grace: He stated that he is a citizen who frequents Bel Air’s restaurants and breweries. He stated that this past weekend there was a beer, wine and craft festival in Havre de Grace. There were food trucks on site, which allowed attendees to have craft food. He regards this as unique food that does not generate a lot of trash. He would like to see that everyone has an opportunity to have food trucks at their businesses as AleCraft Brewery is looking to do. Brad Streett, 1022 Harkins Road, Pylesville: Mr. Streett is the owner of AleCraft Brewery. Their new taproom has been open for four (4) months, but they previously had a retail brewing supply company in town for about five (5) years. Mr. Street believes that the Ordinance is good for the customer and good for the Town of Bel Air. He believes that his customers want a better experience with the addition of food. They are accustomed to food trucks that are already available at the other brewery in Town and all across the state. It is a common business model. AleCraft is working with other local restaurants, but often they cannot deliver or give a wait time of an hour or more. He wants to emphasize that they support all of the local restaurants and have worked with many. They believe that more choices are good, especially for large parties that come to the taproom. They can still order from local restaurants or patronize the food truck. Any restaurant is welcome to deliver to the taproom. This can be worked out with an online delivery service if needed. AleCraft is not interested in competing, rather they want to work together with all local businesses. Mr. Streett adds that AleCraft is a brick and mortar establishment and has been for five (5) 5 years and pays the same taxes. He stated that he has counted 17 restaurants on Main Street. They are either a half-mile walking distance of Independent Brewery or of AleCraft. Independent Brewery is allowed to have food trucks. He would argue that none of the restaurants have seen a negative impact from Independent Brewery. If anything, he believes that food trucks have a positive impact and draw more visitors to the area. Brewery tourism is a huge industry. They draw people and it is not a zero-sum game. He simply wants a level playing field. He believes that the consumer, not legislation, should guide these issues. He referenced Mr. Stover’s previous comments that investment levels relate to quality. He doesn’t think this is an argument to be made. Quality is based on product and it can be reached by many levels of investment. Food trucks make delicious food and people come out for it. He notes that Itinerant Dealers are the only businesses in town that are not zoned. Trucks are locked out vs. the more permissive business zoning. There are no rules that restrict other businesses or professional organizations. These are in place for mobile dealers as they are in a separate classification. Therefore, he is in support of the Ordinance. Tim Brown, representing Birds Nest BBQ, 303 S. Main Street, Bel Air: He has no problem with breweries or food trucks. However, the proposed map shows that a food truck could be placed on his parking lot. He has an established business and has had it for six years. He stated that this is all he wanted to say on the matter. David Towson, 503 Idlewild Road, Bel Air: Mr. Towson has been brewing beer for twenty- five (25) years. He is delighted that there are two local craft brewers right on Main Street. He has been a fan of better beer for all of those twenty-five (25) years. He notes that Independent Brewery has access to food trucks. He would like to see AleCraft have the same opportunity. He believes it is a convenience to the customer to have food available when alcohol is being served and it is a good idea. He supports the Ordinance. Jo Harding Gordon, 775 Henderson Road, Bel Air, owner Flash Crabcake Company: Ms. Gordon is the former owner of Jo Mommas Steak and Seafood Restaurant. She added that she brings the perspective of both sides of this issue. She launched Flash Crabcake Company four (4) years ago. She referenced the previous testimony about investment in food trucks versus a brick and mortar business. If broken down to square footage, her investment is greater in the mobile business than the brick and mortar business. When she decided to launch the mobile business in 2010, she received a vending map from the Town of Bel Air (where she lives and pays taxes). Some years had passed during which she took care of parents with health issues. When she returned, she was told that there was a revised map. Twelve locations had been removed from the map that she had in her possession. There were no parking signs on Atwood Avenue, one of the remaining locations. The remaining locations were very limited. She built her truck to Harford County’s specifications. These are the toughest in the state. She is different than many food trucks in that she uses the truck to distribute her products. She can’t work in her town. In the first year, she paid $1,000 to work. Now she can only work in the Town of Bel Air on 6 special projects and has to pay $25 for an inspection for each occasion. Her business is doing well, but she can’t work in Town. It is a quality crab cake at a fair price and can be prepared in a flash. She can make 125 crab cakes in every 22 minutes. She has done her research, done her development and can’t work in Town. She regards that as unfair. Mobile vendors do not have access to economic opportunities in the Town of Bel Air. There are constitutional rights to be able to choose what you want to do and pursue it without interference. This is not a matter of competition, it is growth. It encourages communities of business people to work together. She added that she is present to stand alongside all others who operate mobile platforms. John Pasquinelli, 120 S. Lynbrook Road, Bel Air: Mr. Pasquinelli has been a Harford County resident since 1974. He firmly believes in supporting local businesses. He states that the brick and mortar restaurants pay an exorbitant amount of county and Town property taxes. The mobile businesses are not going to pay these taxes. For example, a company like Amazon doesn’t pay state taxes and this has seriously affected businesses. It should be a fair, level playing field. If mobile businesses use property, they should pay a lease. He believes the Town should be fair to Town brick and mortar businesses. Renato and Mario Buontempo, owners of Buontempo Brothers Restaurant, 1. S. Main Street and Main Street Tower Restaurant, 29 S. Main Street: Renato stated he likes food trucks and feels that they should be limited to events or special functions, either public or private. They have been in business for thirty (30) years and have made a lot of sacrifices to build their businesses. They are still constructing new additions for their restaurants. He believes that food trucks do not belong on Main Street, but rather somewhere that there is a lot of space. If there are a number of trucks gathered, people will come. Food trucks will threaten their ability to make a living. They have real estate taxes and payroll. Between the two restaurants, they employ close to 100 people in the Town of Bel Air. They have families and their children go to school in the Town of Bel Air. If they have to close their business, what will happen to those people? He suggests designating a space, in a park perhaps, where food trucks can operate. He would patronize them too. Make it a special event. However, he asks that food trucks not be allowed where there are traditional businesses. It may start with food trucks, but it is also possible that other mobile vendors selling clothing and other products could also set up a space. Mario also added that Buontempo Brothers have donated over $1.3 million to various local charities. When the Harford County Sheriffs were killed two years ago, he stated that 80% of funds donated came from restaurants. Mario also had comments about the closing of Main Street during special events. Mr. Einhorn noted that this is a separate subject. Mario added that he loves craft beer and believes that these brewers should invest in food service like the other restaurants. Charles Dean, owner Bel Air Liquors, 315 S. Main Street: He notes that his property is among those listed on the new map. He is not in favor of having food trucks available in that area of Main Street as well as the area near the Armory. He observed that, over the past 15 years, there are only a few restaurants being operated by the same people. Since then, restaurants like Looney’s have established themselves and, in turn, brought other restaurants onto Main Street. Main Street is now alive and draws people to the Bel Air community. He believes that the original map and plan was the right choice. He believes it is important to respect the fact that there are more than a dozen restaurants 7 that have invested large sums of money. He is a property owner and has 1200 square feet available at his place of business that is right on Main Street. If food trucks are allowed on either side of his property, it will lessen the demand and scope for this space. No one will want to use this space for a café or similar business if they are surrounded by food trucks. He also has concerns about people using his property to park as well as to congregate and use his dumpsters. They recently had a car towed from this lot. The car’s owner had come into his store and then went to AleCraft. He can’t afford to have his parking lot tied up with people going to surrounding restaurants and businesses. He believes that support of brick and mortar businesses is important and they support the community. Bel Air Liquors donates a lot of money back to the community. Richard Lynch, 123 W. Gordon Street, Bel Air: He is a partner with Renato and Mario Bountempo. He is not against food trucks and open trade. This is important. In fairness, he stated that they are investing over a million dollars in building a dining area on the roof of the Tower. They had to work through a lot of hoops. They have been on the corner of Pennsylvania and Main Streets for 34 years. He has three kids who live in Town and he is not planning on moving. He is not here to protest, but to ask for a level playing ground. He is opposed to the Ordinance. Richard Anderson, 2617 Schuster Road, Jarrettsville, Maryland: In 1989, he started The Crab Truck and operated from the side of Bus. Rt. 1. He was there for eleven (11) years and knows the time and investment that it takes to operate this kind of business. He now owns three restaurants. His expenses dwarf that of a truck. He supports trucks and started in one. He worked hard in his truck to open the Seafood Stop, a storefront on Rt. 1. He believes that the important factor to consider is location. He also owns 111 Main Street and the restaurant there. The location is in a concentration of small independent restaurants. These small independents are trying to make it in an uncertain economy. Every customer that comes into the restaurant is very important. He has visited Baltimore and Washington DC and seen trucks lining the roads. However, they are next to hospitals and office buildings. The population density is different in those locations and can support the trucks as well as brick and mortars. However, this is a small town. If you saturate it, everyone will just get a little of it. He is not against the trucks. The issue is location and where they should be allowed and where they should not. If they have a good product, people will come. He sold crabs on the side of the road for 11 years and always had lines of people, even in bad weather. He offered a good product and good service on a deserted lot in front of Fallston General Hospital. Maria Boeri, 310 N. Shamrock Road, and owner of Savona at 2 N. Main Street: She has owned Savona for almost thirteen (13) years. She noted that the food truck issue was also addressed several years ago. The only thing that has changed is that there are more brick and mortar restaurants in downtown. She wonders if there is a need for more food establishments in a small area. She doesn’t see the need for food trucks on Main Street. She opposes the new zoning. Independent Brewery is off the beaten path and food trucks do not have an impact in that area. There is a need there. 8 Competition is good. She noted an earlier comment that stated that food trucks oftentimes bring in business. That is not all the time, she believes. She doesn’t believe that all existing businesses can survive if trucks are allowed to pull into existing properties. There will be parking issues. Many business owners took second mortgages on their homes to go into business and took out massive loans to renovate, buy equipment and meet other start-up and monthly expenses. One of her expenses is a dumpster in the back of the building. In summary, she believes competition is good, but how many food places are needed here? Susan Patti, owner, Pink Silhouette at 54 N. Main Street and B. Fabulous, 52 N. Main Street: Her family has been part of Main Street for over two hundred (200) years and she loves and cares for the people of Bel Air. She recalls the time of the 1970 road construction and almost all of the businesses closed. Then offices came in. It took until 15 years ago to reverse this to the quaint town that it is now. Even up to a few years ago, they had to put posters in the windows to get people to come and rent space. It looked bad to passersby. These food trucks can sell any commodity. They can stay from 90 days to a year. She has no objection to trucks at events. Ms. Patti notes that there is now almost full occupancy on Main Street. It looks beautiful. Her fear is that brick and mortar stores will lose revenue and there will be empty storefronts again. There is an assault on brick and mortars with online sales, free shipping and much more competition. She has been in business thirty-nine (39) years. She has come to the conclusion that there is only so much money in consumers’ pockets in Bel Air. She believes that Bel Air is not a tourist town, but a working town. There are not high-rises with thousands of people. If you have $200 to spend for a weekend, every time you add another person, you are dividing it up. Even a 10% loss of income could impact someone’s ability to pay rent. This winter has been hard on local retailers. She has 95,000 Facebook fans and spent $30K to get that. Now there is no reach. Once a quarter, the Armory has a Lula Roe show. She has no problem with that because it is once a quarter. However, her sales are a lot less on those days. If it were every day, it would hurt. They give a lot to charity. She rarely turns down a request. She brings in staff even on bad days. Her staff eats in local restaurants. She is asking to allow food trucks on special occasions, but not on an everyday basis. The map would allow food trucks in her business area. It could also affect the new business that is currently in her old location. George Mussini, 115 W. Heather Road, Bel Air: He has been a resident since 2004. He grew up in the bar and restaurant capital of Long Island. Every other door was a food establishment. Bel Air is not like Jacksonville Florida or Havre de Grace. There is no waterfront. It’s hard enough to get a parking spot in the Pennsylvania lot to get a slice of pizza. Food trucks will make the situation worse. 9 He supports the entrepreneurship of the food truck vendors. He is concerned about the area. He heard of this issue on social media. As a resident and someone who has three children in schools, he is committed to Bel Air. He wants his children to have places to work when they grow up. He wants them to learn how to expend sweat equity. He is concerned that the Ordinance covers businesses other than food, such as Dealers, Peddlers and Solicitors. He is concerned this could be free cell phone peddlers and similar vendors in places where there are established similar businesses. He wants to patronize the craft breweries. He wants a place to park when he goes to, for example, Bel Air Liquors. He is worried that if food trucks roll in, brick and mortar will roll out. There is only so much money to go around. Food trucks can move to other locations if they don’t like where they are. Brick and mortar stores can’t do that. They have invested everything. He agrees with a previous commenter who stated that customers will go to a place where the product is good. He is in favor of having a food truck event such as the BBQ Bash. Independent Brewery is in a unique location. It’s already hard to park to get to certain locations. He notes that Bountempo Brothers provided a huge amount of support for his daughter’s Bel Air High School band trip to Disney World. They represented Bel Air High School at Disney because of the generosity of a brick and mortar store. He cannot expect this level of support from a food truck. Main Street is different than the other cities mentioned. He is opposed to the Ordinance. He also thinks the map is hard to understand. Tim Smith, 401 Franklin Street, Bel Air: He has owned his house for 10 years and rented previously to that. His family has been in Bel Air since the 50s. He believes that there is a place for food trucks but doesn’t believe it is in downtown Bel Air. It is a slippery slope and he doesn’t want to see Bel Air go in that direction. Bel Air is not Jacksonville or Baltimore City. He feels that we can’t support the economics of it or the infrastructure, including parking. He regularly supports Main Street restaurants. He doesn't support the Ordinance. Brian Youse, 1336 Cheshire Lane, Bel Air: He would like to finish the testimony previously submitted by his wife, who used her allotted time. They would understand if this map and locations were off-limits due to public safety. But this is not the case. If the town can grant permission for special circumstances, why can’t a private landowner? They are supporting the Ordinance and the two locations and they encourage the approval of more locations. They are fine with restaurants not allowing food trucks parking on their property. They would be furious if a truck rolled up next to their restaurant if they owned one. They have a good working relationship with many in Town and all they ask is to find a way to work together. He cannot compete with brick and mortar restaurants. His truck can only serve about 100 – 150 people, before running out of food, unlike restaurants in a building. He doesn’t feel that they will be put out of business because of a food truck. Bel Air can be better than any city in Maryland with this ordinance. He asks that he get support (i.e. support food trucks) to bring people to the streets of Bel Air. Mr. Youse noted that they also own a brick and mortar restaurant and pay the same expenses as others. They started with a truck, but there is no place to vend in the county and 10 they must go to Baltimore City and Baltimore County to trade. They live in Harford and want to be able to work here, too. The only adjustments to the maps are two locations, an additional street and at the Armory. One food truck should not impact the area around AleCraft Brewery. Robert Preston, 606 Old Orchard Road, Bel Air and owner of the property at 319 S. Main Street and site of AleCraft Brewery: He believes that the zoning gives him a right to open a kitchen. He has been on the Bel Air Planning Commission for ten (10) years and worked with development and zoning issues for the past twenty-five (25). He was brought up to believe that the marketplace should determine competition. Zoning is a product of safety and protecting neighborhoods. He doesn’t believe that zoning should be involved in protecting businesses from other competition. Zoning has its place and, as a former Commissioner, he voted for many previous regulations. When this current map came before the Town Commissioners, it was decided to grant permission to food trucks in more industrial zones. He believes that it was a good starting point. They wanted to protect the brick and mortar businesses. At the time, however, he didn’t foresee the time when property such as the one he owns would benefit from a food truck. That is the reason he is here tonight. His family has been on Main street for 92 years. His family has supported the Town generously with taxes throughout those years. He understands how people may be against the food trucks. He believes that the current situation is more of an advantage to the Town and surrounding community than not. Food trucks would enhance AleCraft and it would not cause issues with other restaurants. He is in support of the Ordinance. Chair Burdette stated that all who had asked to testify had done so. She asked for Commissioners comments. Commissioner Einhorn stated that he was impressed with the interest and the fact that everyone listened to each others’ point of view without disruption. He appreciated that each speaker stayed within the limited time allotted. Commissioner Chmielewski also expressed her appreciation to the audience and voiced support for all points of view. She also supports neighborhoods and has lived in Bel Air all her life. She said this is a big decision and she hopes that everyone respects whatever decision is made. Chair Burdette closed the public hearing portion for this Ordinance change. d. Resolution Num. 1104-18 Town Administrator’s Proposed Budget: Chair Burdette called on Ms. Moody, who stated that this is the first of two public hearings on the budget. This evening will focus on the General Fund. The next public hearing will review the two Enterprise Funds and the Special Revenue Fund. The total General Fund expenditures are $13,240,173, which is about $520,000 less than last fiscal year or about 3.8%. The majority of the expenditures are from public safety (30%) and public works (24.6%). These represent close to half of expenditures since they are more service driven. Ms. Moody then provided details for the major categories: salaries, operating expenses, capital expenses, benefits, debt services and committees. Points of interest include: 11  Salaries include a merit increase that averages about 3.2% and a cost of living increase of 1%. There is an addition of a school resource officer. Operating expenses include items such as audits, fuel, utilities, legal services, marketing, technology, insurance, and police and public works operating expenses. The total operational budget has been stable, about a $65,000 decrease. This decrease is related to the previous year’s JCI contract. Capital improvements include hardware and software updates, which occur generally each year. There is a proposal to purchase three police vehicles. There are several replacement purchases proposed for public works including a fuel pump pedestal monitoring system and a low-cab truck. There are seven street construction projects and five curb/ramp projects. There are also two bridge maintenance projects. Other projects include a refuse truck and tree brush chipper. Older units of these will be sold. The Benefits category is fairly stable from previous year, with a $67,000 increase. This is considered a small change for this category, considering the escalating costs that are typical. The workers compensation rate has been steady and is based on the last three completed fiscal years. The town will continue to offer one high-deductible health plan and they are working on reducing the rate. The Town currently pays 100% of premiums. There are two pension plans. Debt service shows two accounts. One is for vehicle and equipment purchases and the other is for the various energy saving projects in process. This debt is expected to be off balanced with energy savings. Community support is expected to total about $352,000 to various commissions, committees and groups, an increase of about $10,100 from the previous year. The Town of Bel Air provides a large amount of in-kind community support as well to organizations such as the Bel Air Downtown Alliance, Fourth of July Committee and Rockfield Manor, among others. From the revenue standpoint, the budget is balanced. Property taxes make up about 65% of the budget. The discount on advance payment of taxes on real and personal property is proposed to be eliminated. Other income includes highway user funds, police protection grant, license and permits, grants, County tax rebate and miscellaneous interest and fines. There is a transfer from the Capital Reserve. These funds will be used toward design and construction of the public works storage facility and for traffic redesign in the Marketplace area near Rt. 24. There will be a transfer from the Parking and Sewer Funds to reimburse the General Fund for employee salaries and benefits attributed to operating those funds. Ms. Moody concluded her presentation. Chair Burdette asked for public comments and Commissioners comments. There were none. The Chair thanked Ms. Moody for her work on the budget. Chair Burdette closed the public hearing portion of the meeting. 7. UNFINISHED BUSINESS Chair Burdette announced that the meeting would now discuss unfinished business. Ordinance Num. 784-18 Amendments to Town Code Chapter 450, Vehicles and Traffic, Article III. Regulations 450-37 Fire Lanes and Unobstructed Areas for Fire Hydrants. Commissioner Einhorn moved that the Ordinance be adopted by the Board of Town Commissioners. Commissioner Chmielewski seconded the motion. There were no additional comments. All in favor. Motion carried. Ordinance Num. 785-18 Trees 12  Commissioner Chmielewski moved that Ordinance 785-18 Amendment to Town Code Chapter 435 Trees be adopted by the Board of Town Commissioners. Commissioner Einhorn seconded the motion. Chair Burdette thanked the Tree Committee and Mr. Small for their work and stated that the Town has an excellent Tree Committee. There were no additional comments. All in favor. Motion carried. Ordinance Num. 786-18 Amendment to the Town Code Chapter 272, Itinerant Dealers, Peddlers and Solicitors Commissioner Chmielewski moved that the vote on Ordinance Num. 786-18 Amendment to the Town Code Chapter 272, Itinerant Dealers, Peddlers and Solicitors be postponed until the next meeting on May 7, 2018. Commissioner Einhorn seconded the motion. There were no additional comments. All in favor. Motion carried. 8. NEW BUSINESS Resolution Num. 1105-18 Community Legacy Grant Application Commissioner Einhorn moved that Resolution Num. 1105-18 that endorses a Community Legacy project and project financing either directly by the Maryland Department of Housing and Community Development of the State of Maryland or through other state departments or agencies be approved. Commissioner Chmielewski seconded the motion. Chair Burdette called on Ms. Heidenreich. She stated that the Town of Bel Air is eligible to participate in the Community Legacy Grant Program, which is operated by the Maryland Department of Housing and Community Development. The agency provides grants for projects within the community legacy area. The State requires that the Board of Town Commissioners, as the legislative body of the Town, adopt a resolution endorsing any requests for funds through this program. The resolution is a standard template form that is presented each year. The Department of Economic Development staff, in partnership with the Planning Department intends to submit a grant request for funding for a project listed on the Town’s Capital Improvement plan. This project is called “Courthouse Square.” This project will enhance pedestrian access between Office and Courtland Streets by repairing pavement as well as updating lighting and seating. It will create a central gathering place that showcases the significance of the Courthouse. The staff recommends that this resolution be adopted. There were no additional comments. All in favor. Motion carried. Resolution Num. 1106-18 Tentative Budget for Fiscal Year 2019 Commissioner Chmielewski moved that Resolution Num. 1106-18 that provides for the adoption of the Fiscal Year 2019 Budget be adopted. Commissioner Einhorn seconded the motion. Chair Burdette called on Ms. Moody, who stated that she had no other information to add to her previous presentation. The next budget session meeting is Tuesday, April 24 at 4:30 p.m. There were no additional comments. All in favor. Motion carried. Resolution Num. 1107-18 Town of Bel Air Planning Commission Annual Report Commissioner Einhorn moved that Resolution Num. 1107-18 be accepted. Commissioner Chmielewski seconded the motion. Chair Burdette called on Mr. Small. The Code of Maryland requires that all local Planning Commissions submit an annual report to the local legislative body. The report includes a summary of developments and regulations that are adopted in the past calendar year. 13  There was or will be residential development of 70 new condominiums at Legacy at Gateway; 42 new apartments at 400 S. Main Street; expansion of assisted living space at Hickory and Gordon; Commercial spaces include Chick-fil-A, AleCraft Brewery, Popeyes and various retail businesses at 331 Baltimore Pike. There were special exceptions for a patio bar at Looney’s Pub and a parking waiver for Legacy at Gateway. There were changes in regulations designed to promote sustained development. The staff recommends that this report be accepted. Chair Burdette stated that this is always an excellent report and is used for a variety of public information activities. There were no additional comments. All in favor. Motion carried Purchase of Two Fortinet FortiGate 200E Series Firewalls Commissioner Chmielewski moved that the purchase be approved in the amount of $8,441.80. Commissioner Einhorn seconded the motion. Chair Burdette called on Mr. Krantz. He stated that the current firewalls are unable to cope with increased bandwidth requirements for internet access. The new firewalls will triple bandwidth and produce immediate improvement. The firewall provides intrusion protection, anti-virus scanning, VPN remote connections, FIPS encryption, web filtering and logging. A new firewall will allow for future expansion of security features as well. A primary and secondary unit will be installed. This allows for immediate backup in the event of failure. It also includes 24/7 support. The Town is piggybacking on a national technology solutions contract awarded to CDW, LLC. This is done in accordance with State of Maryland general procurement law and the Town of Bel Air procurement policy. Funds were allocated in the amount of $9,000. The staff recommends that this purchase be approved. There were no additional comments. All in favor. Motion carried. 9. PUBLIC ANNOUNCEMENTS The public comment period for Harford County’s FY2019 Annual Action Plan Draft is in effect. Written comments can be submitted from April 16, 2018 – May 16, 2018 to Leonard Parrish, Director, Harford County Office of Community and Economic Development, 15 S. Main Street, Bel Air, MD 21014. The annual plan is a U.S Department of Housing and Urban Development federally mandated plan that serves as a framework for community dialogue to identify housing and community development priorities that align with block grant programs. 10. PUBLIC COMMENTS Barbara Osborn Kreamer, Beards Hill Road, Aberdeen, Maryland: She has been on a listening tour throughout District 34 on a campaign for the Maryland State Senate. She stated that most of the issues people talk about are municipal issues. They are very concerned about the schools. Ms. Kreamer previously taught English at Bel Air High School. She previously served on the County Council, representing District E. The biggest challenge that they met at the time was to raise funding for education. Now we are back to third from the bottom in education funding, from 14th in the state. 14  She then served two terms on the state House of Delegates. Currently, the three major municipalities are in District 34. She stated that all of her time in elected offices and on commissions add up to ten (10) full years of public service. She is running again because she feels that the schools need help. There is a portion of the county where students are on free or reduced-price lunch programs. There are three (3) counties on the Eastern Shore where 100% of students are on this program. There are inequities in the State and within Harford County. There is a proposal (from the US Commission on Civil Rights) that advocates for overall reorganization of educational funding. The report was released in January 2018. This would benefit Harford County and she wants to be in the Senate to vote for that package. She wants core values: pro-choice, pro-education, pro-environment, pro-equal rights. She welcomes immigration and diversity. She will seek the development of well-paying jobs. In her previous tenure at House of Delegates, she introduced measures to support programs for disruptive youth. That resulted in the alternative high school in Harford County. Ms. Kreamer also referenced a crisis around school safety. She also comes from families in Harford County who have been dedicated to public service. Her family ties are to the Graftons, Cronins and Osborns. Her forbearers served as far back as colonial times. She would like to challenge her opponent to a debate and stated it would be great if the Commissioners or a Bel Air organization would sponsor the debates. The primary is June 26, 2018. She looks forward to campaigning in Bel Air and thanked the Commissioners for allowing her to speak. 11. COMMISSIONERS COMMENTS There were no commissioner comments. Chair Burdette shared information about recent Commissioner activities. They attended the Teacher of the Year awards for a Bel Air High School teacher. They plan to honor her at a future meeting. Chair Burdette attended the Welcome One Emergency Shelter fundraiser. Commissioner Chmielewski attended the Bel Air Fire Department awards dinner. Chair Burdette attended the Romancing the Chrome car event. The Greater Bel Air Community Foundation held a Night in Paradise fundraiser. The foundation supports many projects in town. Chair Burdette also attended the Bel Air Rec Council annual event. There are over 1,000 volunteers who support activities in the Town of Bel Air and most are on the Council. They have two people who have given thirty (30) years of service. . 12. ADJOURNMENT The meeting was adjourned at 9:36 p.m. Approved: May 7, 2018 ________________________ Signature on File Susan U. Burdette, Chair Board of Town Commissioners 15 _____________________________ Signature on File Michael L. Krantz, Town Clerk 16