Board of Town Commissioners

BOARD OF TOWN COMMISSIONERS WORK SESSION October 26, 2021 5:30 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 Charles Keenan, Town Counsel OTHERS: Joan Suitt, Recording Secretary APPROVAL OF AGENDA: Chair Chmielewski requested public comments be added to the agenda after the review of Ordinance 806-21 Proposed Town Code Text Amendments. The agenda addition was approved by the Commissioners. TOWN ADMINISTRATOR’S REPORT: The Town Administrator informed the November 1st Town Board meeting will be held at the Armory at 7:30 p.m. A large turnout is expected for the meeting and the Town wants to respect social distancing as much as possible. TENATIVE AGENDA FOR TOWN MEETING (November 1, 2021 at the Armory, 7:30 p.m.) 20211026.MIN.WorkSession Page 1 of 11 Presentation: Proclamation for Municipal Government Works Month The Director of Administration advised the Maryland Municipal League participates in Municipal Government Works Month that celebrates the works and services of towns and cities. The Proclamation will promote Municipal Government awareness. Public Hearing: Ordnance 806-21 Proposed Town Code Test Amendments The Director of Planning notified the Commissioners have received all information from the Planning Commission. The change of venue for the Public Hearing at the Armory will be advertised in the Aegis on Wednesday and Friday. The Director of Planning advised Commissioner Richards had questions on calculating capacity. The staff looked at the arbitrary number of 30 sf and it would only allow the expansion of the outdoor area over what is currently approved and be reduced. The Director of Planning advised using seats is the best way to calculate. Procedures for the November 1st Public Hearing: 1. There will be a motion on the floor being introduced which are the Planning Commission recommendations. If the Commissioners desire to change the recommendation, a new motion is needed. 2. After discussion, if the Commissioners determine not to make a decision, a motion to table the petition to the next meeting is needed. The Board will look at Unfinished Business during that meeting. The Director of Planning informed once the Public Hearing is closed, public comments stop. Commissioner Richards asked for the number of days allowed before voting. The Director of Planning stated 60 days after the November 1st meeting. 20211026.MIN.WorkSession Page 2 of 11 Mr. Keenan, Town Counsel advised: • The public hearing will be held on November 1st. Once the hearing is closed, there is no further evidence to be presented. • If the present Board continues the public hearing, the current Board is required to vote. If the public hearing is continued to November 15th, it will be awkward because the Commissioner election takes place November 2nd. The Unfinished Business has to be concluded before the new Board is sworn in. If the Unfinished Business takes up the entire meeting on November 15th, the swearing-in should be postponed to another time. Commissioner Richards has no issue of the Planning Commission findings but for the capacity limitation. It is an arbitrary number that no other municipality has. Commissioner Richards stated if applicants now or in the future have the land area to support up to 100% of the indoor capacity outside; why would we ever be looking to limit that capacity for an arbitrary number of 75%? The Planning Commission cannot recall the formula or data that bases the estimation. Commissioner Richards would support the Planning Commission recommendation if we could alter the Development Regulations specific to capacity across all zones that allows any applicant to request up to 100% of its indoor capacity for exterior use assuming they have the land area to support it. Commissioner Richards offered to help work on modified language to support. Commissioner Richards stated there are jurisdictions struggling on how to generate economic activity. The Town has no problem generating economic activity but a huge problem in supporting it. Public Comments: Chair Chmielewski informed comments from individuals is limited to 3 minutes and businesses 5 minutes. Brad Stover, 836 S. Main Street, Bel Air, Md. represents the applicant and will be making a presentation at the November 1st meeting. Mr. Stover stated he is available to meet with anyone to discuss this request. Mr. Stover informed Harford County has 20211026.MIN.WorkSession Page 3 of 11 extended outdoor dining possibilities until the end of 2022 and County Executive Glassman has said outdoor dining is safer for public health. Peggy Lucas, 516 Robinson Street, Bel Air, Md. is opposed to the exclusion of the Performance Standard in the M-1 District. Ms. Lucas stated the Director of Planning advised this is a change to the Code and would apply everywhere within the district. Ms. Lucas reminded there have been many people who spoke about the adverse effect of the current use of this property. Ms. Lucas stated when reading further in the Code, it says to not have any adverse impact to neighboring property. Ms. Lucas feels changing the Code for the one property is not in the best interest of the Town for the future. Chair Chmielewski wanted clarification about taking the M-1 out and making it the same for all properties within the Town. The Director of Planning informed the recommendation from the Planning Commission was to deny that portion of the change the petitioner made and keep 75% throughout Town. James Woodhouse, 310 Williams Street, Bel Air, Md. withdrew his request to speak. Cyndi Stewart, 102 Nichols Street, Bel Air, Md. stated this past weekend was terrible at Independent Brewing Company (IBC). Ms. Stewart informed members of the community approached her with information regarding Commissioners’ relationships with IBC. Ms. Stewart does not know if these are true but stated perception can carry a lot of power and perhaps more public avenues should be pursued with issues the community is having. Ms. Stewart stated we need help with the noise issue and at this point you have done nothing to help us. Ms. Stewart requested the code, regulation and zoning be changed. The residents have come to the meetings voicing concerns and everything stays the same. Ms. Stewart asked the Commissioners to listen to the voice of the public as you hold the power to make the changes. Linda Cole, 102 Nicholas Street, Bel Air, Md. advised concerns have been shared at other Town Commissioner meetings regarding the expansion of Independent Brewing Company, band noise, crowd noise and traffic/parking issues. Ms. Cole is once again asking 20211026.MIN.WorkSession Page 4 of 11 to deny the request from IBC for unlimited outdoor dining as there will be no limit on the number of people outside. Ms. Cole stated with the current limitation of 75% capacity the problems still exist, have not been resolved or mitigated, and would be compounded with any increase in the outdoor dining/bar service. Ms. Cole stated it only makes sense that these issues be addressed before any expansion is considered. Our neighborhood is a nice place to live and we want to keep it that way. Ms. Cole remarked at 75% we still have all these problems and asked why increase for more issues. Ms. Cole found out this afternoon about this working meeting that normally has no public comment but now allowing it. Ms. Cole is grateful for the opportunity to speak but wonders how other residents with the same concern with IBC knew to attend. Ms. Cole said it is important that Commissioners be transparent and impartial when voting on issues. Conflicts of interest are bound to rise and Commissioners with conflicts should excuse themselves from voting. Ms. Cole also heard that some Commissioners may not be impartial concerning IBC and that really concerns her. Jared Marmen, 162 Williams Street, Bel Air, Md stated the proposed changes are asking not to take care of the parking lot but at the same time asking to not have some occupancy rules. It seems IBC is saying I don’t want to pay my fair share but also wants special exemption. Mr. Marmen knows there is a lot of emphasis on development at this side of Town. Mr. Marmen wants things above board and remarked about the vote on this request is the day before election. Mr. Marmen commented this seems shady and unsettling Shannon Able, 126 W. Gordon Street, Bel Air reads into public record a letter sent to the Town Commissioners regarding a concern of conflict of interest that may exist between one or more of the Bel Air Board of Town Commissioners and a local business entity; Independent Brewing Company, 212 Archer Street LLC. The conflict concerns possible current and/or past employment at this business entity by members of the Board of Town Commissioners and/or the relative of a Town Commissioner. Bill Kelly, 582 Ridgewood Road, Bel Air, Md withdrew his request to speak. 20211026.MIN.WorkSession Page 5 of 11 There were no further public comments. Mr. Keenan, Town Counsel, heard the letter read and it comes to light that a conflict of interest may exist between one or more of the Bel Air Board of Town Commissioners and the local business Independent Brewing Company LLC. In the paragraph before the last, there is an implication, “it seems impossible that an elected official who is being paid by a business entity with pending legislation would be impartial.” Mr. Keenan advised having a closed meeting with the present Board to question whether any Commissioner has been employed/received monies from Independent Brewing Company or if members of their family have been employed. Mr. Keenan advised if there are any conflicts, members of the Board must acknowledge the conflict and abstain voting on the legislation. Mr. Keenan recommends the Board of Commissioners have a Closed Session before November 1, 2021 to determine whether ethical considerations or conflicts exists. The Town Board of Commissioners made the decision to enter into Closed Session after the Miscellaneous items on the agenda have been reviewed. STAFFING UPDATE: The Director of Administration reported difficulty in attracting and keeping employees in the Department of Public Works for Construction Worker, Equipment Operator and Laborer. A campaign is being developed to place on-line. Other Positions: • Accounts Receivable – applications received • Accounting Clerk – applications received • File Clerk – applications received The Town Administrator advised staff will be meeting to discuss ways to attract and keep personnel. 20211026.MIN.WorkSession Page 6 of 11 CALENDAR: The calendars were distributed and staff and Commissioners should contact Ruth Seitler with additions or corrections. MISCELLANEOUS: Town Hall/Police Department Expansion Funding/Infrastructure Bond Term The Director of Finance advised 8.5 million was the project cost before the bid came in and the interest rates received was from September, 2020. The Director of Finance informed the current interest rate could not be provided and market interest rates have increased since 2020. The Director of Finance stated when looking at 8.5 million an issuance cost of 2.5% is added and entails borrowing 8.7 million. Several interest rates were looked at but if they reach 3.5% the cost will rise slightly over budget. The Director of Finance informed at 8 million plus the 2.5% issuance cost is 8.2 million for 30 years. The prepayment option is there after 10 years. The Director of Finance informed this brings the project under budget. The Director of Finance stated without knowing the interest rate there may be a $500,000 spread. The Director of Finance advised 3.8 million will be funded by ARPA for this project and the remainder of funds will go toward other projects. The Director of Finance reviewed the following on the project: • Capital Reserve – money available and balance from June, 2020 is 2.2 million. If spending what was planned from Capital Reserve the balance comes down to 1.5 million and furniture and fixtures cost can be taken from this. • There will only be one debt service payment due this fiscal year and frees up one debt service payment. That cash can be used for this project which is around $200,000. 20211026.MIN.WorkSession Page 7 of 11 The Director of Finance wants to make sure the Town is borrowing enough. The Director of Finance advised the best recommendation: 1. Borrow 8 million with issuance cost on top of that 2. 3.8 million ARPA funds 3. Capital Reserve 4. Debt Service payment Commissioner Bianca inquired if the 8 million is specifically for the Police Station or could funds be used for emergencies. The Director of Finance advised it can only be tied to this project. Commissioner Richards asked that the sources be shared with the Board. Commissioner Richards inquired about the Bond Bill timing and if the Town has all the authorizations for the Town Administrator to sign. The Director of Finance informed no other Board approval is needed but needs the consensus of 8 million tonight. November 18th is when the document is signed. There will be signatures and deadlines to stay on track in order to move forward. Commissioner Richard wanted to know when the Town will receive the monies. The Director of Finance understands it will be available after settlement. Commissioner Richards inquired about the contract. The Director of Planning reported the contract will not be signed until the Bond is issued, however a meeting is planned in November to coordinate construction disposition. Commissioner Richards struggles with the project but totally trusts the staff’s recommendation and computations. Commissioner Bianca stated well done by staff and stated it sounds like it is a good amount. Commissioner Richards asked if there are any issues with the old Board vs new Board. The Director of Finance shared there could be an issue if Commissioner Chmielewski is not re-elected because 20211026.MIN.WorkSession Page 8 of 11 her name is placed throughout the documents and is a signer. If this should occur, the Board would have to agree to appoint Vice Chair Bianca as temporary Chair during the November 15th meeting. The Director of Finance asked if the Board feels comfortable with what has been recommended. Commissioners Hughes, Bianca and Kahoe stated they are fine. Storm Water Management/Flooding Issues Town of Bel Air The Director of Public Works displayed a PowerPoint of several properties in Town that experience large amounts of water into their homes or properties during heavy rains. The Director of Public Works stated this is not a new problem and reviewed several past storms with rain amounts. During the past, the Department of Public Works has resolved some issues but more work on other issues is needed. The Director of Public Works reviewed plans being developed where ARPA funding will be used to resolve issues. The Director of Planning shared information from the Town’s Claims Adjuster regarding claims. Commissioner Richards asked if more routine maintenance is required. The Director of Public Works advised that is what the Town is doing. The Director of Public Works advised little adjustments have been made to help eliminate water getting into homes. The Director of Public Works is also concerned with sanitary sewer overflows and explained what has been done to eliminate problems. The Director of Public Works notified of 3 major areas in Town that are in the floodway and floodplain. The Director of Public Works and Director of Planning work hard for the National Flood Insurance Program and Community Rating System. The Town has a good rating of 6 that enables homeowners to get flood insurance at a discounted rate. 20211026.MIN.WorkSession Page 9 of 11 Commissioner Bianca thanked the Director of Public Works for the presentation and asked what the Town does a resident calls the Town saying my house is flooding and it is the Town’s fault. The Director of Public Works stated our insurance agent investigates but the Town looks into the same matter. 2021 Comprehensive Plan Update The Director of Planning informed of the meeting on October 27th, 6:00 p.m. at the Armory where preliminary plans and objectives will be reviewed. The first half hour people will be able to look at each plan and afterwards a short presentation will be made. The Director of Planning encouraged residents to attend and the public will have the opportunity to make comments. The Director of Planning expects businesses and consultants to be present. Comments can also be placed on the Town’s website during November and finalization of the Comprehensive Plan will begin in December. COMMISSIONER’S REPORT: Commissioner Kahoe notified of two new murals in the Town of Bel Air. • Honoring Sgt. Alfred Hilton at the American Legion on Bond Street • Sunflower mural on the storage building at Rockfield Manor. Commissioner Kahoe stated they are both beautiful and encouraged everyone to look at them. 20211026.MIN.WorkSession Page 10 of 11 CLOSED SESSION: At 7:15 p.m. Commissioner Bianca moved and Commissioner Hughes seconded the motion to close this meeting under the provision of the Maryland Open Meetings Act General Provisions Art. § 3- 305(b)(7) in order to: • Consult with counsel to obtain legal advice regarding potential conflicts of interest pertaining to the public hearing for Ordinance 806-21 scheduled for November 1, 2021; • Because public discussion of names, incidents, and allegations could violate an individual’s rights and/or protections regarding due process and/or confidentiality under the law. Ayes: Commissioners Bianca, Hughes, Kahoe, Richards and Chmielewski Nays: None The motion carried. REOPENED: The meeting reopened at 8:05 p.m. ADJOURNMENT: With no further comments, the meeting adjourned at 8:07 p.m. Approved: November 1, 2021 Signature on file_______ Amy G. Chmielewski, Chair Board of Town Commissioners Signature on file_____________ Michael L. Krantz, Town Clerk 20211026.MIN.WorkSession Page 11 of 11