Board of Town Commissioners

MINUTES BOARD OF TOWN COMMISSIONERS September 3, 2019 The regular meeting of the Board of Town Commissioners was called to order on Tuesday, September 3, 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 – arrived 7:45 p.m. Philip L. Einhorn Brendan P. Hopkins Patrick T. Richards STAFF MEMBERS PRESENT: L. Jesse Bane, Town Administrator Trish Heidenreich, Director of Economic Development Stephen Kline, Director of Public Works Michael Krantz, Director of Administration Lisa Moody, Director of Finance Charles Moore, Chief of Police Kevin Small, Director of Planning Charles Keenan, Town Counsel Joan Suitt, Recording Secretary APPROVAL OF AGENDA: Chair Burdette called for approval of the Agenda. Commissioner Richards moved and Commissioner Einhorn seconded the motion to approve the Agenda as written. The motion carried. APPROVAL OF MINUTES: Due to not having a quorum for approval of minutes it was delayed until Commissioner Chmielewski arrives. Commissioner Richards moved and Commissioner Einhorn seconded the motion that the minutes of the Bel Air Board of Commissioners’ meeting held on August 19, 2019 and August 27, 2019 be approved as submitted. Ayes: Commissioners Chmielewski, Einhorn, Hopkins, Richards and Burdette Nays: None Abstained: Commissioners Richards and Hopkins – August 19, 2019 meeting The motion carried. PRESENTATIONS: Proclamation - National Recovery Month Chair Burdette informed the Commissioners are wearing purple tonight for National Recovery Month and Town Hall and the Armory will display purple lights during September. Chief Moore stated throughout the country the month of September has been designated by the Substance Abuse Mental Health Services as National Recovery Month. The Town of Bel Air and Harford County are partners in bringing awareness to the addiction problem. 2019.09.03.MIN.BOTC.TH Page 1 of 9 Chief Moore introduced Linda Williams, Wendy Messner and Jennifer Redding who are representatives from non-profit behavioral health organizations and are considered as being on the front-line of the battle of opioid and other addictions. Chief Moore stated these ladies are unsung heroes making a difference and this Proclamation is a way of saying thank you. Chair Burdette notified recovery from mental and substance use disorders, including co-occurring disorders is an essential part of health and one’s overall wellness. Treatment and recovery services for mental and substance use disorders and co-occurring disorders is effective and people can and do recover in our area and around the nation. On behalf of the Bel Air Board of Town Commissioners, Chair Burdette proclaimed the month of September, 2019, as National Recovery Month and called upon the citizens of the Town of Bel Air to observe this month with appropriate programs, activities, and ceremonies to support this year’s Recovery Month theme, Join the Voices for Recovery: Together We Are Stronger. Wendy Messner from Rage Against Addiction thanked the Town of Bel Air and stated this is truly a labor of love and we do this because we want to. Certificate of Recognition – Autumn Lidke – Maryland Municipal League Cecil-Harford Chapter Student Scholarship Award Recipient Chair Burdette advised the Town of Bel Air is a member of the Maryland Municipal League and the Cecil-Harford Chapter awards an annual scholarship to a high school student. This year’s scholarship was awarded to Autumn Lidke who graduated from Patterson Mill High School. Autumn advised she will be attending Harford Community College for Art and Design and thanked the Maryland Municipal League for the scholarship. Chair Burdette informed Autumn has achieved Honor Roll status every quarter from 2011 to the present and is a member of the National Honor Society. Autumn serves the community as a pre-school assistant, arts camp assistant and participated in beautification projects at several elementary schools in Harford County. Autumn has touched many in our Town with service to the needy during the holidays, letters written to veterans and those currently serving in our armed forces and made blankets/toys donated to dogs in local animal shelters. On behalf of the Bel Air Board of Town Commissioners, Chair Burdette presented Autumn Lidke with a Certificate of Recognition and wished her success as she continues her studies. Certificate of Recognition – Coach Matt Backert Chair Burdette stated Matt Backert has been a dedicated baseball professional, coach and athletic trainer in Harford County for more than 10 years; coaching competitive youth sports at The John Carroll School, directing youth programs at the Ripken Experience in Aberdeen, Maryland, and most recently, with the highly competitive Maryland Baseball Club. Coach Backert’s commitment and dedication to the Town has provided a full array of knowledge, training, and experience for the betterment of youth athletics in the most sincere and professional manner. 2019.09.03.MIN.BOTC.TH Page 2 of 9 Chair Burdette recognized Coach Matt Backert as one of the finest and dedicated professional coaches in the Harford County baseball community. On behalf of the Bel Air Board of Town Commissioners, Chair Burdette presented Matt Backert with a Certificate of Recognition. PUBLIC HEARING: Ordinance No. 791-19 – Text Amendment Chair Burdette notified the public hearing is a continuation of the one held August 19, 2019. Mr. Small, Director of Planning, informed the Town received a petition from St. Matthew Lutheran Church to review the current regulations for placement of a Communications 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 requested text amendments are as follows:  Revise 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 District.  Revise Section 165-53.I Use category performance standards and guidelines: service uses. (2)(b) Communications tower(s)/platform. [1] Performance standards. [b], to the following… [b] The setback of such structure from the nearest habitable building shall be equal to its height above grade. The minimum setback from any boundary of a residential district, dwelling, school, church or institution for human care in any other district shall be the tower height. Mr. Small notified the change will be from residential district to residential use.  Revise Section 165-53.I Use category performance standards and guidelines: service uses. (2)(b) Communications tower(s)/platform. [1] Performance standards. [c], to add a date to the lot of record text as a date of adoption – [c] The structure shall be located on a lot of record as of [date of enactment] with a minimum of two acres. The Limited Business District (B-1) is primarily located along the west side of South Main Street south of Heighe Street; and, on part of the St. Matthew 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 found in Section 165-53.I(2)(b)[1][c]. The purpose of the B-1 District is stated as follows: The Limited Business District is designed to accommodate small-scale local business, institutional or service establishments. Some more intense business, institutional or service establishments may be permitted as provided for by this Part 2. Uses in this district should be developed to 2019.09.03.MIN.BOTC.TH Page 3 of 9 ensure compatibility with the existing residential uses while providing an attractive public frontage and linkage to the Town Center. The regulation specific to the B-1 District was attached to packet at the August 19, 2019 meeting. Regarding the Performance Standards for Communication Towers, there are 15 specific and separate standards that must be met for a tower to be permitted as a Special Exception use in the B2/B2A, B3/B3A and M1 districts. These performance standards are attached as part of the packet. The applicant is proposing to replace the word ‘district’ with the word ‘use’ on criteria “[b]” in order to address a condition where an abutting property is zoned residential but due to environmental conditions cannot accommodate dwelling or contains a use other than residential. This text change would isolate the minimum setback (tower height) requirement 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 will still apply. It should be kept in mind that any revision to the performance standard(s) will affect all districts where a Communication Tower and Platform may be permitted. The Planning Commission recommends Item [c] in the Performance Standards be modified to include a date related to “a lot of record” in order to prevent consolidation of properties in the B-1 District at a future date to meet the minimum lot size requirement. Chair Burdette called for public comment. Albert Young, 200 S. Main Street, Bel Air, Md. represents the applicant and introduced the team members present. Mr. Young advised the Federal law on cell towers provide for fair and uniform coverage everywhere. Mr. Young notified there are coverage challenges where the tower is proposed and this area is a significant geographical part of the town and county. Mr. Young informed the tower will be an access way not only for regular customers but for emergency services when contacting the hospital plus help for retail, institutional and industrial customers. Mr. Young advised it will be voice and data communications that are important for safety uses. The letter received from the President of John Carroll School informs about the unreliable coverage, phone conversations that are hardly audible, frustrated parents/staff and the interruption of school operations daily. The John Carroll School is requesting the legislation be approved. Mr. Young further informed of First Net, a program developed by the Federal Government after 9-11, to provide the necessary service to first responders without interference. First Net will be on the tower along with AT&T, Verizon, and T-Mobile. Mr. Young stated emergency services are getting involved with Next Gen and need this strong coverage to be successful. Mr. Young stated there is no other property in the Town that would accommodate a cell tower. Mr. Young reminded this request is for passage of legislation to permit the tower by Special Exceptions and that 15 performance standards still need further approval. 2019.09.03.MIN.BOTC.TH Page 4 of 9 Mr. Young noted questions were raised about 5G making the tower no longer viable and advised that is not the case. A letter was sent to the Town by Mr. Dugan, an Engineer, explaining 5G. Mr. Young distributed the letter to the Commissioners. Mr. Paul Dugan, Radio Frequency Engineer, 132 Jaffrey Road, Malvern, Pennsylvania, prepared the response to the 5G concern. Mr. Dugan advised 5G will not replace 4G-LTE but will complement each other in many ways. Mr. Dugan stated 5G is in development but currently focused only on dense urban areas. Mr. Dugan informed 5G is coming but it will be years before it will serve the suburban/rural areas. Robert Hickey, 601 Linwood Avenue, Bel Air, Md. considers not having service at his home as a public safety issue. Mr. Hickey has dead zones throughout his home and further explained of others in the community having the same problems. Mr. Hickey stated this is a great location for the tower and thanked St. Matthew Church for considering it there. Mr. Hickey drove to Target to look at the cell tower and does not feel it is an eyesore. Mr. Hickey cannot think of one consequence with placing the tower at the proposed location and asked the Commissioners to approve the request. Blaise Sedney is the Pastor at St. Matthew Lutheran Church and lives at 334 W. Gordon Street and reminded about the petition signed by businesses, schools, and residents supporting the tower. Pastor Sedney spoke to people in Bel Air asking if they knew where the cell towers are in Bel Air and virtually no one could give the answer. Pastor Sedney stated the people were more worried about their cell reception. Pastor Sedney advised safety is the main concern to be looked at and St. Matthew is the evacuation location for the John Carroll School. Pastor Sedney noted the tower will bring in more tax money to the Town. Chair Burdette called for Commissioner’s comments. Commissioner Einhorn commented the Town works together on activities and feels badly that one area does not have the same opportunities as others. Commissioner Einhorn would like everyone to work together to make sure the service is there for the residents and emergency services. Commissioner Einhorn admitted being against the tower at first because of the look but when hearing the problems concluded it was necessary. Chair Burdette informed the Town advertised in the Aegis, posted on the Town’s website, on ‘Next Door’ and accepted emails/telephone calls. Town Administrator Bane was asked to keep track of all the numbers. Town Administrator Bane thanked Director of Administration Mr. Krantz and Director of Planning Mr. Small for helping to capture the outcome:  August 19, 2019 Public Hearing:  20 people signed petition with 17 indicating they represented businesses and 3 represented schools in the area.  7 people testified in favor of the tower; no one against.   2019.09.03.MIN.BOTC.TH Page 5 of 9   Emails – 23 messages received. Some represented themselves and others representing family. When counting the number of people there were 34 in favor and no opposition.  September 3, 2019 Public Hearing:  4 people testified in favor of the tower (these 4 also testified at the August 19th public hearing). Town Administrator Bane commented the results were all in support with no indication of being opposed. Commissioner Richards inquired about the size of the tower. Mr. Small, Director of Planning, informed at this point this hearing is about approving the tower in the B-1 district. Commissioner Richards stated what has been looked at is 155’ and wanted to know the size of the tallest building in town. Mr. Small advised 63’. Commissioner Richards stated people are going to know where this tower is placed when comparing the 2-3 stories in the area and it will stick out like a sore thumb. Commissioner Richards is all for technology but has a huge issue with the size/scale. Commissioner Einhorn stated people will know the location but in time will not see it. Commissioner Richards feels people will have a huge issue after the tower is built. As there were no other comments, Chair Burdette closed the hearing. UNFINISHED BUSINESS: Ordinance No. 791-19 – Text Amendments to Communication Tower/Platform Regulations Commissioner Hopkins moved and Commissioner Einhorn seconded the motion that Ordinance No. 791-19 amending text to Town code for Communication Towers be approved by the Bel Air Board of Town Commissioners. Commissioner Hopkins believes there is a public safety risk and people in his neighborhood and at Southampton Middle School have experienced issues. Commissioner Hopkins is concerned with people not being able to make a call for help. Commissioner Hopkins knows 5G will help but is not willing to wait five years when someone’s life is in danger. Commissioner Hopkins stated in the beginning he did not want the 155’ tower but when talking to people there has not been anyone saying no and feels the Town has the obligation to provide the service to citizens. Commissioner Richards suggested to work on a solution that provides emergency access for schools and others and feels the answer is not a 155’ tower. Commissioner Richards further stated he is not against public safety and advised there can be a solution. Commissioner Hopkins notified First Net is being introduced to first responders to have technology needed to communicate with each other. Chair Burdette called for the vote. Ayes: Commissioner Einhorn and Commissioner Hopkins Nays: Commissioner Richards and Commissioner Chmielewski 2019.09.03.MIN.BOTC.TH Page 6 of 9 Chair Burdette stated that she had to recuse herself, as a member of Saint Matthew’s Lutheran Church, as she was asked to recuse herself from voting. Mr. Krantz indicated that the Chair of the Board normally votes when there is a tie. Mr. Keenan, Town Council, stated Chair Burdette will have to make the decision to recuse. Mr. Keenan stated that decision will have to be made if there is a conflict of interest serious enough to recuse. Commissioner Richards commented if you initially recuse yourself then you do not vote and questioned if there is anything in the Charter. Mr. Keenan advised there is nothing in the Town Charter. Mr. Keenan stated this is a judgement call because of not having a conflict of interest where Chair Burdette receives financial benefit or is closely connected. Mr. Keenan stated if Chair Burdette recuses herself the vote of 2 to 2 fails. Chair Burdette stated she is not getting anything financially and wished the request was not submitted by St. Matthew Church. Mr. Keenan stated the church is selling the property and St. Matthew will receive the benefit. Mr. Keenan respectfully does not know Chair Burdette’s relationship with the church as a communicant. Mr. Young stated the issue for a conflict of interest is in the disclosure. If not disclosed there is a problem. Mr. Keenan stated church members will vote on this and receive a benefit. Commissioner Hopkins commented Chair Burdette is not receiving anything financially and only she knows that. Mr. Keenan agreed there is no financial benefit. Chair Burdette reported not receiving any financial benefit and only gives to the church. Commissioner Richards does not want to put Chair Burdette in a tough spot but you are actively involved with the church and did recuse yourself. Commissioner Richards does not know why that decision would change the tie vote and recommends knowing refusal obligations. Commissioner Einhorn reminded nothing comes back to Chair Burdette financially. Chair Burdette advised she personally needs to go outside for cell coverage in Major’s Choice and keeps a landline to receive calls. Chair Burdette notified she has full confidence in the Planning Commission and the Board of Appeals who the applicant will come before next. Mr. Keenan stated there is a 2 to 2 tie and if Chair Burdette does not vote the motion fails. Mr. Krantz advised this can be reintroduced in the future but this vote today would fail. Chair Burdette asked the public in the community what they wanted and all want the cell tower. Chair Burdette decided to vote and voted in favor of the tower. 2019.09.03.MIN.BOTC.TH Page 7 of 9 Ayes: Commissioners Einhorn, Hopkins and Burdette Nays: Commissioners Chmielewski and Richards The motion carried. Commissioner Richards requested clarification from the Town Administrator on the refusal process and the un-refusal process in the Town Charter. Mr. Keenan advised it is in the state law and informed Chair Burdette was in the position knowing she would not vote unless breaking a tie. Mr. Keenan stated what has occurred will be reviewed. NEW BUSINESS: Ordinance No. 792-19 – Amendments to Development Regulations Commissioner Richards moved and Commissioner Hopkins seconded the motion that Ordinance No. 792-19, proposed amendments to the Development Regulations, Chapter 165, be received by the Bel Air Board of Town Commissioners. A public hearing has been scheduled for September 16, 2019, Town Hall, at 7:30 p.m. As clarification, Commissioner Richards stated this is being received this evening and the vote will come after the public hearing. Commissioner Richards asked for the amendments be shared with ECDC and the Alliance. Commissioner Richards appreciates how Mr. Small engaged the local residential groups regarding group homes. Ayes: Commissioners Chmielewski, Einhorn, Hopkins, Richards and Burdette Nays: None The motion carried. Ordinance No. 793-19 – Amendments to Town Code Chapter 37 Elections Commissioner Hopkins moved and Commissioner Einhorn seconded the motion that Ordinance No. 793-19, amending the Code of the Town of Bel Air, Chapter 37, entitled Elections, be received by the Bel Air Board of Town Commissioners. Commissioner Richards wanted clarification that these are all administrative amendments discovered in process and that they will not affect the upcoming election. Mr. Krantz agreed and informed what would apply is the contested election. Ayes: Commissioners Chmielewski, Einhorn, Hopkins, Richards and Burdette Nays: None The motion carried. A public hearing will be held on September 16, 2019, Town Hall, at 7:30 p.m. 2019.09.03.MIN.BOTC.TH Page 8 of 9 Policy II.B.01.a-g – Compensatory Time Benefit Amendments Commissioner Hopkins moved and Commissioner Einhorn seconded the motion that amended Personnel Policy II.B.01.a-g entitled Working Conditions Working Hours, Section a. Normal Working Hours and Section d. Compensatory Time Accrual, be adopted by the Bel Air Board of Town Commissioners. Ayes: Commissioners Chmielewski, Einhorn, Hopkins, Richards and Burdette Nays: None The motion carried. PUBLIC COMMENT: Dr. Carolyn Bowman, 2218 Retreat Court, Edgewood, Maryland is an English Professor at Harford Community College and looking to start a Charter Public School in Harford County that would be free. Dr. Bowman is working with the Maryland Alliance on Charter Schools and looking for people to be on the team plus supporters. Dr. Bowman has flyers to share after the meeting and appreciates any thoughts. COMMISSINER COMMENT: Chair Burdette shared the following events attended:  August 22 2019 – Ribbon cutting for Crabby Axe, 331 Baltimore Pike. Business owner is Tricia Miller and Chair Burdette stated there has been quite a buzz about the new business.  August 23, 2010 – Ribbon cutting for The Goodie Shoppe, 22 S. Main Street. This is the first bakery location for business owner Pan Rohde and will offer coffee, cupcakes, cakes, soft-serve ice cream and other sweet treats plus custom cakes can be ordered in advance. ADJOURNMENT: The meeting was adjourned at 8:44 p.m. Signature on file____________ Susan U. Burdette, Chair Board of Town Commissioners Signature on file_____________ Michael L. Krantz, Town Clerk 2019.09.03.MIN.BOTC.TH Page 9 of 9