Board of Town Commissioners

MINUTES BOARD OF TOWN COMMISSIONERS August 19, 2019 The regular meeting of the Board of Town Commissioners was called to order on Monday, August 19, 2019 at 7:30 p.m. at Town Hall, 39 N. Hickory Avenue, Bel Air, Maryland. MEMBERS PRESENT: Susan U. Burdette, Chair Amy G. Chmielewski Philip L. Einhorn ABSENT: Brendan P. Hopkins Patrick T. Richards STAFF MEMBERS PRESENT: L. Jesse Bane, Town Administrator Rachel Deaner, Assistant Director of Finance Stephen Kline, Director of Public Works Michael Krantz, Director of Administration Charles Moore, Chief of Police Kevin Small, Director of Planning Angela Robertson, Economic Development Coordinator Charles Keenan, Town Counsel Joan Suitt, Recording Secretary ABSENT: Trish Heidenreich, Director of Economic Development Lisa Moody, Director of Finance APPROVAL OF AGENDA: Chair Burdette called for approval of the Agenda. Commissioner Einhorn moved and Commissioner Chmielewski seconded the motion to approve the Agenda as written. The motion carried. APPROVAL OF MINUTES: Commissioner Einhorn moved and Commissioner Chmielewski seconded the motion that the minutes of the Bel Air Board of Commissioners’ meeting held on July 15, 2019 and August 13, 2019 be approved as submitted. Ayes: Commissioners Chmielewski, Einhorn and Burdette Nays: None 1 Absent: Commissioners Hopkins and Commissioner Richards The motion carried. PUBLIC HEARING: Ordinance No. 791-19 Amendments to Communication Tower/Platform Regulations Mr. Small, Director of Planning, reported the Town received a petition from St. Matthews Lutheran Church to review the current regulations for placement of a Communication Tower in the B-1 (Limited Business District). The Planning Commission reviewed the request on June 6, 2019 and recommended approval of the requested amendments to the Town code with an additional recommended change. The minutes of that meeting are approved and attached to the package. The requested text amendment is as follows:  Review Table 3-7, Service Uses to allow a Communication Tower and Platform use to be permitted subject to the Special Exception regulations in the B-1 (Limited Business District). The current code prohibits this use in the B-1.  Revise Section 165-53.1 Use category performance standards and guidelines: service uses to the following. [b] The setback of such structure from the nearest habitable building shall be equal to its height and grade. The minimum setback from any boundary of a residential district use, dwelling, school, church, or institution for human care in any other district shall be the tower height. (The requested change is the wording of district to use)  Revise Section 165-53.I Use category performance standards and guidelines: service uses. This revision was suggested by the Planning Commission. [c] The structure shall be located on a lot of record as of [the date of enactment of this change] with a minimum of two acres. The Limited Business (B-1) zoning is primarily located along the west side of South Main Street, south of Heighe Street and a portion of the St. Matthews Lutheran Church property at 1200 East Churchville Road. Applying the performance standards for Communication Towers, it appears that only the parcel at 1200 East Churchville Road would meet the minimum 2 acre lot size criteria in Section 165-53.I. The purpose of the B-1 District is stated in Section 165-29 A as follows: The Limited Business District is designed to accommodate small scale local business, institutional or service establishments. Some more intense 2 business, institutional, or service establishments may be permitted as provided by this Part 2. Uses in this district should be developed to ensure compatibility with existing residential uses while providing an attractive public frontage and linkage to the Town Center. The regulation specific to the B-1 District is attached to the package. Mr. Small stated there are 15 specific and separate standards that must be met for a tower to be permitted as a Special Exception use in the existing district B2/B2A, B3/B3A and M1. To replace the word ‘district’ with the word ‘use’ as previously stated, “[b]” in order to address a condition where an abutting property is zoned residential but due to environmental conditions cannot accommodate dwellings or contains a use other than residential such as a school. This text change would isolate the minimum setback (tower height) requirements to only those properties containing a residential use. The minimum setback from buildings, regardless of zoning district, such as a dwelling, school, church, or institution for human care would still apply. It should be kept in mind that any revision to the performance standard(s) will affect all districts regardless of B-1, B-2 or B-3. Mr. Small informed the Planning Commission recommended to include a date related to “a lot of record” in order to prevent consolidation of properties in the future to meet the minimum lot size requirement. Albert J. Young, attorney for the applicant, 200 South Main Street, Bel Air, Md. advised the team members for the project are present to address questions. Mr. Young informed of a federal law that requires cell carriers to provide coverage uniformly throughout the Country. Mr. Young stated there is a “hole” here in the Town of Bel Air located approximately where the requested tower will be placed and three major carriers will be on the tower. Mr. Young received a letter from the President of John Carroll School advising the current cell coverage is erratic, unreliable and cell phone conversations are hardly audible and will drop. The letter further advised much of the work at the school is done by landline causing frustration to parents, inconvenience to faculty/staff and disrupting the daily operation of the school. Mr. Young further informed medical emergency service relies on cellular service with data being transferred from an ambulance to hospital and from dispatch to fire personnel tablets. Mr. Young explained the new federal mandate program “First Net” is being implemented to assist first responders to have priority in case of a catastrophe like 9/11. 3 Mr. Young commented Mr. Small informed this location is the only single property in the Town that can be utilized for a tower and this will not open pandora’s box. Mr. Young advised this public hearing is the enabling legislation that will allow the applicant to move forward with the zoning case where 15 performance standards will have to be met to get approval. Mr. Young stated in this era, this day and age, good cellular service is something we all rely on, not only for personal convenience but as a matter of public safety. Mr. Young continued to speak on the tower height and the other four towers in the Town. The requested tower is a monopole and not offensive as the larger design structures. This location will provide protection from sighting by trees and distance of the size of the parcel. Mr. Young informed the tower cannot be any smaller since the three carriers will have to be staggered on the pole and he assured the company will not build a bigger tower than what is needed. Mr. Young requested approval of the amendments. Chair Burdette commented the packet submitted was very informational. Mr. Small advised of three packets available to look at tonight and information is available on the Town’s website. Chair Burdette called for public comments and requested they be kept to three (3) minutes. Chair Burdette informed during a Public Hearing the Commissioners and staff do not get involved in answering questions. The public is welcome to stay after the meeting to discuss things not understood. Ronald Wilhelm, 1209 Corinthian Court, Bel Air, Md., advised he is not a Town resident but there is nothing more aggravating than having 1½ - 2 bars and needing to go outside to use the phone or any electronics that have data. At times, Mr. Wilhelm has not had a dial tone and is concerned if emergencies arise. Mr. Wilhelm stated with the number of people living in the area there will be thousands who will benefit from the tower. Robert Hickey, 601 Linwood Avenue, Bel Air, Md., lives in the Homestead Village and does not have good cell service. Mr. Hickey stated after giving up the landline he realized there were certain areas in the house where cell service breaks down significantly and he needs to move outside. Mr. Hickey feels he should have the choice of having a landline or cell and thanked Reverend Sedney at St. Matthews for considering the tower that will benefit a lot of people. Mr. Hickey stated there are holes and is also concerned with emergency situations. 4 James Thompson, 1304 Forest Oak Court, Bel Air, Md. moved from California and upon arriving in Bel Air experienced problems with reception on the cell phone. Mr. Thompson had difficulty communicating with utility people, doctors, friends/relatives, getting address changed and had to come into Town to communicate. Mr. Thompson changed his carrier thinking that was the issue and paid more with less service. Mr. Thompson recently found out the problem was in the placement of a cell tower and that it is in limbo because of the impression it does not look nice. Mr. Thompson feels having the convenience of a strategically placed tower should be more important then the looks. Mr. Thompson has not heard any complaints about the other towers located in the Town and stated we need the tower. Paul A. Dugan, Consulting Engineer for TowerCo, prepared and submitted a detailed report regarding the facility and validated the need. This will provide new improved coverage to the area. Mr. Thompson stated there are no existing structures within 1 mile and agrees with the public safety issue. Blaise Sedney, 334 W. Gordon Street, Bel Air, Md. the Pastor at St. Matthews Church distributed a petition for those who are in favor of the tower. Some of the people signing the petition are the Principal of Southampton Middle School, Celebree School, Harford Day School, Manager of Seasons Apartments and people in the community. Pastor Sedney commented there is a great need for this tower and St. Matthews is a good location because the tower will be sheltered by the 26 acres that is undevelopable. David Rogers, 625 Lochern Terrace, Bel Air, Md. who lives in Fountain Glen stated he works from home, the cell service is a real problem and he often goes outside on the deck to take calls. Chair Burdette called for further comments. There were none. Chair Burdette called for Commissioner’s comments. There were none. Chair Burdette called for a motion to continue the Public Hearing during the next Town Board meeting on September 3, 2019. Chair Burdette feels it is important that all five Commissioners hear public comments. Chair Burdette notified the Town will also accept emails from the public. Commissioner Chmielewski moved and Commissioner Einhorn seconded the motion that the Public Hearing for Ordinance No. 791-19 regarding Communication Towers be continued to the next regularly scheduled meeting of the Bel Air Board of Town Commissioners, on September 3, 2019, to allow all Commissioners to hear comments and allow the maximum public input. Ayes: Commissioners Chmielewski, Einhorn and Burdette 5 Nays: None Absent: Commissioners Hopkins and Richards The motion carried. NEW BUSINESS: Sidewalk Trip Hazzard Removal Contract Commissioner Einhorn moved and Commissioner Chmielewski 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 the amount of $40,995.00 be accepted by the Bel Air Board of Town Commissioners. Commission Chmielewski stated when seeing the sidewalks in other areas of Town the outcome is fantastic and residents are very pleased. Mr. Kline, Director of Public Works, plans to reach more homes within the next couple of years. Chair Burdette has heard people like to watch the process. Ayes: Commissioners Chmielewski, Einhorn and Burdette Nays: None Absent: Commissioners Hopkins and Commissioner Richards The motion carried. Award of Contract – Condominium Refuse Removal Services Commissioner Einhorn moved and Commissioner Chmielewski seconded the motion that the Agreement Addendum No. 13 issued by the Harford County Government Contract #15-241, issued on July 18, 2019, with Waste Industries of Maryland, LLC, 3634 Conowingo Road, Street, Maryland 21154 be approved, thus allowing the Town of Bel Air to provide the necessary labor and equipment required to remove refuse and recycling at specific residential condominium communities in the amount of eleven dollars and fifty-two cents ($11.52) per lift for all refuse and recycling dumpsters, be also accepted by the Bel Air Board of Town Commissioners. Commissioner Einhorn lives in a condo at English Country Manor and is extremely happy with the service received. Ayes: Commissioners Chmielewski, Einhorn and Burdette Nays: None 6 Absent: Commissioners Hopkins and Commissioner Richards The motion carried. Award of Stream Restoration Project Commissioner Einhorn moved and Commissioner Chmielewski seconded the motion that the unit prices of Ecotone, Inc., 2120 High Point Road, Forest Hill, Maryland, as provided to and accepted by Harford County Public School under Contract Bid No. 14-JHC-026, will be utilized by the Town to perform environmental restoration service for the Plumtree Run Stream Restoration Project, Phase III, Section IV located between Market Place Drive and West MacPhail Road in the amount of $641,838.00 be accepted by the Bel Air Board of Town Commissioners. Ayes: Commissioners Chmielewski, Einhorn and Burdette Nays: None Absent: Commissioners Hopkins and Commissioner Richards The motion carried. Approval of Memorandum of Understanding – Fuel Consortium Partnership Commissioner Einhorn moved and Commissioner Chmielewski seconded the motion that the Bel Air Board of Town Commissioners authorize endorsement of a Memorandum of Understanding (MOU) between the Town of Bel Air (Police Department) and Harford County Government which will formalize the fuel consortium partnership. Commissioner Einhorn stated it is great when our Bel Air Police Department and Harford County Sheriff’s Department can partner together. Commissioner Einhorn would like to see more in the future. Ayes: Commissioners Chmielewski, Einhorn and Burdette Nays: None Absent: Commissioners Hopkins and Commissioner Richards The motion carried. PUBLIC COMMENTS: None. COMMISSIONER COMMENTS: 7 Chair Burdette advised the following highlights are some of the events attended since the last Town Board meeting.  July 18th – Maryland Municipal League Cecil-Harford Chapter Annual Scholarship dinner hosted by Mayor Rich Taylor and Chesapeake City. Chair Burdette presented a check to scholarship recipient Autumn Lidke from the Bel Air area and student at Patterson Mill High School.  August 3rd – Chair Burdette attended the Wine and Jazz Fest along the beautiful Susquehanna River to support the renovation of the historical Colored School.  August 5th – Town Administrator Bane and Chair Burdette attended the signing of the Maryland-Estonia MOU. They had the opportunity to speak with Governor Hogan about our sister-city partnership with Narva.  August 6th – Senator Cassilly toured the new Solar Field at St. Matthews Church, the Community Garden, the Armory Marketplace Incubators and discussed the Town’s needs for the 2020 Legislative Session.  August 7th – Chair Burdette joined Comptroller Peter Franchot as he presented the Cornerstone Award to Music Land. Later, went to John’s Men’s Clothing on Pennsylvania Avenue for a Shop Maryland Tax-Free press event.  August 8th – Chair Burdette attended the Sheriff’s Commencement Exercises honoring the graduates of the Entrance Level 34 Law Enforcement Recruit Class.  August 9th – Chair Burdette attended the BBQ Bash and asked Commissioner Chmielewski to report. Commissioner Chmielewski advised it was perfect weather, a lot of people attended and it was a fantastic event. Commissioner Richards also volunteered. Commissioner Chmielewski met people from different states and a Mayor from Virginia who was one of the BBQ contestants. 8 ADJOURNMENT: The meeting was adjourned at 8:10 p.m. Signature on file____________ Susan U. Burdette, Chair Board of Town Commissioners Signature on file_____________ Michael L. Krantz, Town Clerk 9