Board of Town Commissioners

BOARD OF TOWN COMMISSIONERS WORK SESSION – VIA TELECONFERENCE October 13, 2020 5:15 P.M. PRESENT: Commissioner Amy G. Chmielewski, Chair Commissioner Kevin M. Bianca Commissioner Erin S. Hughes Commissioner Donna L. Kahoe Commissioner Patrick T. Richards 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 Patti Parker, Community & Public Relations Kevin Small, Director of Planning OTHERS: Joan Suitt, Recording Secretary CALL TO ORDER: Chair Chmielewski advised the objective of the teleconference is to conduct normal business of the Town of Bel Air during the COVID-19 pandemic we all are experiencing. A teleconference allows us to comply with social distancing, as recommended by the Centers for Disease Control and Prevention, and the Maryland Open Meetings Act. Chair Chmielewski notified of agenda items. Meeting Etiquette/Protocol Chair Chmielewski reviewed the protocol for the meeting and reminded everyone to identify themselves before speaking. Roll Call Chair Chmielewski conducted the roll call. Those present are listed above. Joining the teleconference was Elizabeth Janney, The Patch. 20201013.MIN.WorkSession.Teleconference Page 1 of 12 APPROVAL OF AGENDA: Chair Chmielewski called for approval of the Agenda. Commissioner Bianca moved and Commissioner Kahoe seconded the motion to approve the Agenda as written. Ayes: Commissioners Bianca, Hughes, Kahoe, Richards and Chmielewski Nays: None The motion carried. TOWN ADMINISTRATOR’S REPORT: December Town Board Meetings The Town Administrator requested a decision by the Commissioners regarding Town Board meetings for December, 2020. Currently, the Calendar reflects that there is no Work Session December 1st and no Town Board meeting December 7th. The Town Administrator informed the Commissioners that Holiday Open House and Rockfield’s Christmas Tree Lighting are scheduled December 1st. Commissioner Richards recommends the Town Board meet December 7th and not December 21st. Chair Chmielewski stated a Work Session would need to be scheduled and suggested December 1st at 4:00 p.m. Commissioner Kahoe asked about the timing of several issues that are pending that would require more than one December Board Meeting. Commissioner Richards suggests planning for the Work Session December 1st at 4:00 p.m. and Town Board December 7th. During November, a decision can be made about the December 21st Board meeting. The Commissioners agreed and liked having options. Public In-Person Meetings – Work Sessions and Town Boards The Town Administrator asked for opinions on public meetings returning to in-house at Town Hall or to continue virtually. Commissioner Kahoe recommends continuing these meeting virtually until the end of the year. Commissioner Richards agrees and mentioned COVID is not 20201013.MIN.WorkSession.Teleconference Page 2 of 12 going away any time soon. Commissioner Richards noted if there is a need to meet in person to accommodate public input it could be worked out. Commissioner Bianca agrees with virtual meetings and the situation be assessed at the end of the year. Commissioner Hughes has reservation with virtual meetings because of the annexation issue and wants to make sure the Town is being as transparent as possible. Another concern is residents having difficulty with the use of technology. Chair Chmielewski asked the timeframe on advertising meetings for virtual or public meetings. The Director of Administration notified the agenda is posted at least 24 hours prior to the meeting. The Director of Administration stated if citizens are experiencing a challenge with virtual meetings, he could facilitate residents listening at Town Hall. The Director of Planning informed the State requires the Town to advertise for two weeks for annexation hearings and the last advertisement is 15 days prior to the hearing. The advertisement needs to include virtual or in-house. The Director of Planning recommends staying virtual due to not knowing how many will show. Commissioner Kahoe agrees and stated with not knowing the number of people who would appear at Town Hall it would be difficult to keep people distanced. Commissioner Bianca stated we need to be transparent and suggested advertising that comments will be accepted through email for public record. Commissioner Richards wants to make sure the legal notification and the social media transparency is there for citizens. The Director of Administration will accommodate the notifications. Chair Chmielewski called for a motion. Commissioner Richards moved and Commissioner Kahoe seconded the motion that Work Sessions and Town Board meetings continue virtual until the end of 2020. Ayes: Commissioners Bianca, Hughes, Kahoe, Richards Nays: Commissioner Chmielewski The motion carried. 20201013.MIN.WorkSession.Teleconference Page 3 of 12 Chair Chmielewski asked if the Commissioners’ Open House should be moved to another location. The Director of Administration informed a local elementary school choir usually performs and we would not know their availability due to COVID-19. The Town Administrator advised the Open House could be moved to the Armory but reminded less people are attending events because of COVID and social distancing would be difficult to control. The Community and Public Relations Manager reminded November 24th is the Sneak Peek for Winter Wonderland and suggested combining the Open House with the Sneak Peek. Armory Park will be decorated and everyone will be outside. Commissioner Kahoe recommends advertising to join the Commissioners at the Winter Wonderland to kick off the season. Commissioner Hughes stated pairing something with Winter Wonderland makes more sense than to organize an event at Town Hall. The Town Administrator will meet with staff for planning and get invitations out. TENATIVE AGENDA FOR TOWN MEETING TELECONFERENCE (Monday, October 19, 2020) New Business: Charter Resolution 133-20 Catherine Street Annexation The Director of Planning informed the Town of Bel Air accepted a petition from landowners of Parcel 1, Tax Map 49, in July, 2020. The Town Board asked signatures be check for validation. Director of Planning stated the signatures are valid and were submitted to the Planning Commission for review. The Planning Commission needed to decide if the proposed annexation was consistent with the Comprehensive Plan and if the zoning was appropriate. The 1.46 acre parcel is located between W. Gordon Street and Catherine Street. The parcel is currently in Harford County zoned R-2 and the proposed annexation is for R-1 in the Town of Bel Air. The Director of Planning stated the two zoning designations are somewhat consistent and the Harford County has attested to that with its response letter. 20201013.MIN.WorkSession.Teleconference Page 4 of 12 Provided to the Commissioners: 1. Planning Commission’s recommendation. 2. Concept Plan showing the proposal of 3 single family lots and description and graphic of exact area. Harford County Department Planning & Zoning reviewed the plan and found it to be consistent with no objection to the annexation. 3. Other responses from various departments that have no objection to the annexation. The Liriodendron Foundation suggested access not come from Gordon Street but Catherine Street only and that the land use be limited to single family lots. The Director of Planning stated that was staff’s recommendation from the beginning. After the Planning Commission reviewed the request, one more condition was added: 1. Robust buffer between the property being annexed and the driveway going into the Liriodendron. The Director of Planning advised one issue during the Planning Commission meeting was where this property fell into a relationship with historical status. Staff determined the property is within the National Register of Historic Places but not within the County landmark historic designation. The Director of Planning informed the National Register of Historic Places is somewhat comparable to the Town’s Inventoried List of historical properties. It includes a history of the property, elements on the property; it memorializes what the property consists of and has no protections that prevents developing the property. The annexation plan was sent to the Commissioners and it addressed the various aspects of providing sewer and water. A slight extension for water and sewer already exists on the roadway. The Director of Planning advised there are some trees on the property that residents wanted to save and that can be determined during the sub-division proposals or the Commissioners could determine certain trees to be located on the property. Commissioner Richards wanted clarification that the Resolution is for receipt only by the Commissioners. The Director of Planning advised that the State law requires the property request be received, advertised for two weeks and last advertised 15 days prior to the public hearing. The public hearing is scheduled for November 16th. The Director of Planning 20201013.MIN.WorkSession.Teleconference Page 5 of 12 stated the Commissioners do not have to decide that night for annexation and could table it to continue the hearing. Also, the hearing could delay the decision until the next meeting. There is a limitation on how long the hearing can be continued after being received and this will be investigated. Commissioner Richards inquired about the R-2 Zoning of the County being comparable to R-1 Zoning of the Town. The Director of Planning informed that in the County Zoning, R-2 townhomes are allowed and a minimum lot size is needed. The Director of Planning explained single family is allowed in the Town’s R-1 Zoning and staff decided to add the condition because a church or some institutional uses are permitted in R-1. Commissioner Kahoe asked what the benefits are for a property to be on the National Register. The Director of Planning stated it is the first step for protection for local measures where an inventory is created and recorded. There are two instances where the National Register protects properties it covers; (1) when federal dollars are being used to improve/change, (2) or if the federal money is used to develop the property. The Director of Planning stated this property, if annexed will remain with the historical designation and be subject to the sub-division process. The Planning Commission and the Commissioners can take that into account when making the decision on the buffer. Chair Chmielewski inquired about the size of the setback in Howard Park. The Director of Planning believes R-1 is 30’ for single family lots and it is the largest of setbacks found in the Town. Chair Chmielewski questioned about several properties located out of Town limits that use Town sewer. The Director of Public Works informed the Liriodendron and another property on the same parcel are in the County but utilize Town sewer. Also, Glen Eagles is the largest community that utilizes the Town’s sewer system to move sewage to the County processing plant. The Town does not receive any money for this service. Chair Chmielewski wanted to know if the property is annexed, will the Town have to offer sewer? The Director of Public Works stated that would be a legal matter and concluded if the Town Commissioners disapprove the annexation into the Town, they have the right to hook into our sewer as County residents. However, if the Town grants approval of annexation, they don’t have a leg to stand on to move forward in the County. Chair 20201013.MIN.WorkSession.Teleconference Page 6 of 12 Chmielewski further inquired if there have been instances where our sewer system was not used for our community. The Director of Public Works advised recently there were two different townhouse communities developed in Town, Moores Mill Road and Churchville Road, where both are utilizing Harford County water and sewer. Chair Chmielewski asked if a property is not within Town limits has the Town denied our sewer. The Director of Public Works has not seen that during his tenure. The Director of Public Works, advised whether in the County or Town, people utilize Town roads to get in and out of their residences and the Town is responsible for maintaining these roads with snow removal, installation of sidewalks, and patching of roads. Commissioner Kahoe stated many residents believe if the property stays in the County it would not have access to water/sewer and not be developed. Chair Chmielewski stated the water will be provided by Maryland American regardless of whether it is in the County or Town. Chair Chmielewski explained, if the annexation is approved, owners will receive a sewer and tax bill from the Town and that is not the reason the Commissioners have for annexing. Commissioner Hughes reminded taxes will be used to maintain the roads to access the property. Chair Chmielewski stated the Town is not looking to annex the property for money but to better the best interests of residents living close to the property and the Town. The Director of Planning advised the County fully understands this property if developed, should be in the Town because it is surrounded by Town development. The County feels it is appropriate for the Town to control how this is developed and what the restrictions should be. Included in the annexation process is a physical impact analysis provided that shows the amount of taxes the property would generate. The Director of Public Works added our trash trucks pass by this property often and it would be a minimal cost increase to provide this service. This would also include a minimal cost for snow removal. The Director of Planning will be the gatekeeper for questions or comments regarding services. 20201013.MIN.WorkSession.Teleconference Page 7 of 12 Resolution 1156-20 “No Thru Truck” Legislation The Director of Planning stated this Resolution is an administrative exercise regarding streets where trucks are prohibited. These streets where trucks would be prohibited may be narrow, have overhead lines, are unstable or have on-street parking. But the biggest reason for no thru trucking is that the streets are located in residential communities. This relates mostly toward the semi-trailers going through neighborhoods to get to a main road. The Director of Planning reviewed the streets for changes/additions and signs will be placed at appropriate locations. Commissioner Richards recommended the Commissioners receive the Resolution but not vote for approval, to see if there is any impact on citizens/businesses. Commissioner Richards would like to see the Resolution be advertised before approval. Commissioner Hughes concurs and likes the public visibility. The Director of Public Works informed many streets on the list do not have actual signs. The signs are primarily placed on roads that are off a State road or County road. The Director of Public Works looked at State roads in Town making sure there were signs when entering residential neighborhoods and he further stated that the streets in-between the neighborhood will not be signed. Chair Chmielewski advised the Resolution will be received at the Town Board meeting. Proclamation for Economic Development Week The Director of Economic Development informed Economic Development Week is October 19th – 25th. This Proclamation is given each year to the Maryland Economic Development Association which has about 400 members across Maryland. It recognizes stakeholders in the community that contribute to the local and regional economy. The Town will highlight businesses on social media. Contract for Police Department/Town Hall Crabtree Rohrbaugh & Associates The Director of Planning reported the next phase of the design development is 40% of the Crabtree/Rohrbaugh overall contract cost plus consultant fees; and adds up to basically $250,000 to be spent on design development. This will take the Town through the end of the year before construction drawings begin. The Director of Planning stated this is a critical phase where a lot of decisions are made. 20201013.MIN.WorkSession.Teleconference Page 8 of 12 The Director of Planning advised Crabtree/Rohrbaugh agreed to revise the plan based on the Town’s value engineering at no extra cost but the written response stating this has not been received. The response is needed before this will be placed on the agenda. STAFFING: The Director of Administration reported: • Part-time Traffic Support – position posted • DPW Laborers (2) – have been filled • DPW Equipment Operator II – applications received • DPW Construction Worker II – advertised position • Grant Coordinator – will begin the interview process The Town Administrator informed during the time Patti Sterling was employed she brought close to 2.5 million dollars in grants to the Town. CALENDAR: The October, November and December, 2020 calendars were discussed. Addition: CX Festival on December 5th. Planning Commission may meet on November 5th for an extension approval. The Tree Committee meeting scheduled on Veterans Day will most likely be rescheduled. The Historic Preservation Commission meeting for November falls on Thanksgiving. Appearance & Beautification Committee will meet on Veterans Day. Chair Chmielewski advised two individuals attended the ABC meeting and seem interested in joining. MISCELLANEOUS: Police Department/Town Hall Expansion – Finances The Director of Finance addressed several questions that were raised at the Retreat and reviewed the following answers: 1. Timeline and steps from start to finish for the spring and fall issuances – 20201013.MIN.WorkSession.Teleconference Page 9 of 12 The Director of Finance stated if the Town wants to move forward with DHCD regarding debt, we need to make sure that this is the direction before we move forward. The process from start to finish takes 120 days and begins with an on-line application, tax questionnaire, and economic growth questionnaire that lawyers review. After the submission, the Town will hold a Public Hearing to introduce legislation and a letter of intent will need to be executed and returned. The Director of Finance informed the spring application deadline is April 30th and received three pages of dates and deadlines that must be met by the August 20th bond issuance closing. The Director of Finance recommends the Town strongly consider this route and that this will be a lot of work regardless of whether we decide on a spring or fall issuance. 2. If the Town completes the paperwork for an “x” project can the money be used on a “y” project? The Director of Finance advised this can be done and this is called a reallocation effort; and that this fairly common occurrence. The one downside is that it is outside the scope of the original financing and the Town would be responsible for additional legal costs. 3. Can the amortization schedule be structured to pay one debt service the first year and semi-annually afterwards? The Director of Finance informed this can be structured in this manner. 4. Penalty if withdrawing during the process. The Director of Finance informed two weeks before the bond issuances the Town needs to execute a letter of intent. Once that is done, the Town is agreeing to move forward. If the Town does choose to withdraw totally, there is a non-usage fee to be paid which is 4% of the loan amount or the pro-rata issuance cost. 5. Can debt be prepaid without penalty? The Director of Finance informed it can be prepaid but not within the first ten years. 6. Possibility of not having construction numbers until April or later. The Director of Finance stated if not having concrete numbers it makes sense to participate in the fall issuance. When doing a fall issuance in 2021, the Town could still need a tax increase for FY22. 20201013.MIN.WorkSession.Teleconference Page 10 of 12 Commissioner Richards asked if there is enough value in this complex path to justify the extra work and time. The Director of Finance stated it is a lot of work but DHCD will be doing work for us as well and their cost is lower. The Director of Finance stated the only other option is to go with a public/private partnership. After speaking with an interested private sector partner, they were advised that the Town would have to bid the partnership. There has been no further contact since. The Director of Finance stated the most work will be on the front end with the three applications. The Director of Finance stated going this route will give the Town the most bang for our buck even with the additional work. Commissioner Richards asked about spring vs. fall and will the Town be maxed out at 10 million dollars. The Director of Finance advised it would not matter if spring or fall but questioned if the interest environment would be the same for both times. The Director of Finance believes the additional timeline is important and gives more time for the design development. Commissioner’s Report The Director of Finance reviewed the Commissioner’s report. PUBLIC COMMENTS: None. COMMISSIONER COMMENTS: Commissioner Hughes notified another item on the October 1st Planning Commission agenda was Corbin Fuel requesting to expand its single-story building into a two-story use for its employees. There will be minimal disturbance of the surrounding property and no increase in the size of the footprint. Due to increasing the square footage of the building significantly, the code requires extensive sidewalk/curbing improvements and reworking of some parking. The applicant requested the Town waive this because of the expense; but Mr. Keenan advised the Planning Commission if this is waived for Corbin Fuel there will be no legal standing to require anyone else to make these improvements. Commissioner Hughes stated Corbin Fuel was required to submit a landscape plan which they did not do and as a concession, the Planning Commission eliminated the landscape plan. 20201013.MIN.WorkSession.Teleconference Page 11 of 12 Moving to a discussion of the Town’s Tri-Agency agreement, Commissioner Richards reported the idea of the Tri-Agency Agreement (ECDC, Downtown Alliance and Department of Economic Development) was to make sure the three groups are collaborating correctly and helping each other. Commissioner Richards advised all three groups were attending each other’s meeting so the collective decision was to wind down the agreement. Commission Hughes wanted an update on the status of the Alliance Office in the Armory. The Town Administrator advised a meeting will be scheduled with the Alliance to talk about the issues and should have a better idea of the status after this meeting. ADJOURNMENT: With no further comments, the meeting was adjourned at 7:00 p.m. Approved: October 19, 2020 Signature on file___________ Amy G. Chmielewski, Chair Board of Town Commissioners Signature on file_______________ Michael L. Krantz, Town Clerk 20201013.MIN.WorkSession.Teleconference Page 12 of 12