Board of Town Commissioners

BOARD OF TOWN COMMISSIONERS WORK SESSION September 28, 2021 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 Manager Kevin Small, Director of Planning OTHERS: Joan Suitt, Recording Secretary APPROVAL OF AGENDA: The Commissioners approved the agenda as written. TOWN ADMINISTRATOR’S REPORT: None. TENATIVE AGENDA FOR TOWN MEETING (October 4, 2021 at 7:30 p.m.) Public Hearing: Ordinance 804-21 Amending Town Code Chapter 272 Itinerant Dealers, Peddlers and Solicitors 1. Section 272-3 Exemptions to License Requirement in Designated Areas on Itinerant Dealers and Peddlers Map The Director of Administration advised the Public Hearing will be held and no changes were made to the Ordinance since introduction. 20210928.MIN.WorkSession Page 1 of 8 Ordinance 805-21 Amending Bel Air Town Code Chapter 420 Tattooing 1. Eliminating Written Notarized Consent Requirement for Minors The Public Hearing will be held and no changes were made since the Ordinance was introduced. Chair Chmielewski inquired about zoning locations for tattooing. The Director of Planning informed there are permitted zones and exceptions. The Commissioners will receive the information by email. Resolution 1174-21 Authorizing the Issuance and Private Sale of an Infrastructure Bond The Director of Finance notified of no change to Resolution 1174- 21 and it was advertised in the Aegis September 22nd. Unfinished Business: Public Hearing: Ordinance 804-21 Amending Town Code Chapter 272 Itinerant Dealers, Peddlers and Solicitors 1. Section 272-3 Exemptions to License Requirement in Designated Areas on Itinerant Dealers and Peddlers Map The Commissioners will vote for approval. Ordinance 805-21 Amending Bel Air Town Code Chapter 420 Tattooing 1. Eliminating Written Notarized Consent Requirement for Minors The Commissioners will vote for approval. Resolution 1174-21 Authorizing the Issuance and Private Sale of an Infrastructure Bond The Commissioners will vote for approval. 20210928.MIN.WorkSession Page 2 of 8 New Business: Contract – Approval of Construction Bid for the Town Hall/Police Department Expansion The Director of Planning reported this is the approval of the bid on the Town Hall/Police expansion and includes all the information the Commissioners will need. Commissioner Richards asked about the timeline for the bid. The Director of Planning notified bids come in tomorrow and will be analyzed in a separate meeting. During the Commissioner’s special Work Session Thursday, the bids will be reviewed. Commissioner Richards asked if issues occur regarding the bid process, will this affect the Bond. The Director of Finance informed the deadline for the Bond is October 14th. If there are any issues, a special Town Board meeting would need to be scheduled for approval. Commissioner Richards asked if clarification is needed, the Bond date can be met because the amount is only needed. The Director of Finance advised the complication is needing time from the approval of the bid to the decision on how to split the funds. STAFFING UPDATE: The Director of Administration reported: • Accounting Clerk – posted • Accounts Receivable – posted • Laborer – posted • Deputy Chief – pending • Executive Coordinator BAPD – being processed • Construction and Equipment Operator – received some applications • Part-time Office Clerk – will be posted • IT Specialist – will be posted • Part-time Dispatcher – received applications 20210928.MIN.WorkSession Page 3 of 8  • DPW Construction Worker II – will be posted in October CALENDAR: The September/October/November calendar was distributed. Additions or corrections should be sent to Ruth Seitler. MISCELLANEOUS: Discuss Potential Legislation Amending Town Code Comprehensive Plan and Development Regulations 1. Regarding Town Code Text Amendment Petition by 212 Archer Street LLC d/b/a Independent Brewing Company for outdoor dining and satellite parking The Director of Planning advised the amendment to the Comprehensive Plan will be introduced/received during the October 4th meeting and then advertised two consecutive weeks in the Aegis. The public hearing will be scheduled November 1st and the Commissioners can vote for approval that night or wait up to 60 days for the decision. The amendment being introduced is patterned on the Planning Commission recommendations. If the Commissioners have any changes, an amended motion would have to be made. The Director of Planning reviewed the following: Petition Request #1 – Satellite Parking • Applicant requested to add “easement” or “agreement” to the definition. The Planning Commission deferred to Staff who had no problem with the request. Mr. Keenan has advised the word agreement is as enforceable as easement. Petition Request #2 – Parking Lot/Driveway Design, Construction, and Maintenance • Applicant requested Satellite Parking be exempt from all improvements. This was denied by Staff and the Planning Commission. Commissioner Richards asked is this being denied because of stormwater management. The Director of Planning informed 20210928.MIN.WorkSession Page 4 of 8 stormwater management is under the control of the State and every parking lot has to be paved, stripped, curbing, etc. The applicant wanted to be exempt. Petition Request #3 – Landscape • Applicant requested Satellite Parking be placed in the landscape buffering chart. The Planning Commission felt this is appropriate and recommends the use be called “Non- Residential Parking”. Petition Request #4 – Capacity • Applicant requested to allow unlimited capacity only in the M-1 District. Concern: Method of Enforcement – when limiting people 75% in the interior, people are counted as they come in/go out and is a burden on the business and the Town. The second way to measure is assigning a square footage per person and is complicated to measure. It leaves the measurement to seating, with the understanding the exterior will exceed capacity because of customers standing or bringing their own chairs. The Director of Planning advised the Planning Commission recommends keeping the 75% capacity. Commissioner Hughes notified the original recommendation by Staff was to raise the outdoor limit to 100%. Commissioner Richards stated we are in a downtown area with parking facilities all over Town and he struggles when someone has the capacity to accommodate up to 100% of their interior use as seasonal. The Director of Planning advised that is the decision that has to be made. Commissioner Richards inquired about parking and asked who would have to grant an exception. The Director of Planning explained performance standards in the Code can be waived by the Planning Commission. 20210928.MIN.WorkSession Page 5 of 8 The Director of Planning informed Havre de Grace and Aberdeen do not require parking for seasonal uses and do not limit the size. The Director of Planning informed Staff recommended 100% but did not take into consideration how to enforce. Commissioner Hughes advised the pushback by the Planning Commission was recognizing it only eliminates the number of chairs and not the number of people who can occupy that space. They also recognized the comments regarding noise and parking. Commissioner Bianca sees the struggle being discussed but has concern with enforcement. Commissioner Hughes mentioned the applicant felt by having additional indoor space it will mitigate noise complaints but what if it does not. Commissioner Hughes stated the 75% has worked up to this point and there are a lot of “what if’s” because another request for increase could come again in the future. Commissioner Hughes reminded residents in the area are angry. Commissioner Bianca stated there are a lot of “what if’s” on both sides. The Commissioners continued to discuss parking especially with the trail connection. The amendment will come before the Commissioners on October 4th for receipt and the public hearing scheduled November 1st. Once the amendment is received, the Commissioners can modify. Elected Officials Meeting The Town Administrator notified the Elected Officials meeting is September 29th at the Rotunda and the Town of Bel Air will be hosting. The Agenda will be received and the Town will have the opportunity to discuss our concerns. The Town Administrator, Chair Chmielewski and Commissioner Kahoe will attend the meeting. The Town Administrator would like the American Rescue Plan Act (ARPA) to be discussed. The Town would like to discuss compensation for essential personnel who worked and put themselves at risk during the pandemic. 20210928.MIN.WorkSession Page 6 of 8 The Town Administrator asked the Commissioners and Staff if they have specific issues to be discussed. Commissioner Bianca inquired about the meeting with the County regarding sewer rates. The Director of Finance reported the meeting went well and things were cleared up. The recommended next step of the Commissioners getting involved is not necessary. Commissioner Richards stated the Town is excited about the completion of the Ma & Pa Trail but the concern is the Town will be impacted more than the County regarding parking/traffic. Commissioner Richards feels the Town will need the County’s help. The Town Administrator has received complaints about the portable toilets at the trailhead and stated a comfort station is needed. There may be a partnership that can be established with the County to share responsibilities. Chair Chmielewski questioned who would maintain them? The Town Administrator is also concerned with unfunded mandates and legislation passed in Annapolis that impacts the Town. Chair Chmielewski stated it will be helpful to know how money is distributed throughout the County especially the ARPA funds. The Town Administrator wants to make sure there is no overlap with other jurisdictions in funding of businesses, residents and non- profits. The Director of Economic Development feels it is important to know what the County is doing and this may be an opportunity to distribute some of the funds into retail and non-profits. Chair Chmielewski would also like to focus on residents who are struggling. Chief of Police mentioned House Bill 670 regarding administrative investigations where the County assumes a lot of the control. The Town Administrator stated it is not known what impact that will have on the agency and it will be a critical discussion. The Town Administrator requested any other issues for discussion be emailed. 20210928.MIN.WorkSession Page 7 of 8 Holiday Parking The Community & Public Relations Manager advised of a preliminary conversation with the Director of Economic Development for free Holiday Parking in the Town. The recommended dates are Thanksgiving, November 25th through January 3, 2022 on Main Street, Bond Street and Thomas Street to Hayes Street. No free parking will be available at the garage. The Community & Public Relations Manager informed last year there was concern with employees using the free parking. A meeting is scheduled October 20th to discuss holiday events with business owners in the downtown area. This will be the opportunity to inform about the free parking and remind it is for patrons only. The Commissioners approved the dates for the free parking. COMMISSIONER’S COMMENTS: Chair Chmielewski noted the MML Conference is October 12th, the same day as a Work Session. It was decided not to change the date or time for the Work Session. Chair Chmielewski reported the Wine Festival at Rockfield was great and appreciates the phenomenal job of the DPW staff and Police Department. Chair Chmielewski advised the Rockfield Board is very thankful. ADJOURNMENT: With no further comments, the meeting was adjourned at 7:01 p.m. Approved: October 4, 2021 Signature on file_______ Amy G. Chmielewski, Chair Board of Town Commissioners Signature on file______________ Michael L. Krantz, Town Clerk 20210928.MIN.WorkSession Page 8 of 8