Board of Town Commissioners

MINUTES BEL AIR BOARD OF TOWN COMMISSIONERS Work Session/Public Meeting Agenda May 31, 2022 The Work Session of the Board of Town Commissioners was called to order on Tuesday, May 31, 2022 at 5:17 p.m. at Town Hall, 39 N. Hickory Avenue, Bel Air, Maryland. MEMBERS PRESENT: Kevin M. Bianca, Chair Mary F. Chance Paula S. Etting Erin S. Hughes Donna L. Kahoe PRESENT: L. Jesse Bane, Town Administrator Kevin Small, Director of Planning Michael Krantz, Director of Administration Lisa Moody, Director of Finance Steve Kline, Director of Public Works Charles Moore, Chief of Police Patti Parker, Community & Public Relations Manager Catherine Butrim, Recording Secretary APPROVAL OF AGENDA: Commissioner Chance moved and Commissioner Kahoe seconded the motion to approve the agenda for this afternoon’s Work Session. Ayes: Commissioners Chance, Etting, Hughes, Kahoe and Bianca Nays: none The motion carried. TOWN ADMINISTRATOR’S REPORT a. Effective Communication Methods and Techniques Mr. Bane advised that after discussion at the staff meeting last week, the decision was made that Ms. Parker will put together a press release to quickly disseminate important information following any Town Board meetings. If the Commissioners feel that any noteworthy information should be included in a press release, they should reach out to Ms. Parker. Mr. Bane advised the Commissioners that, to review things that they may 20220531.MIN.WorkSession Page 1 of 9  not be aware of, they may refer to the manual of quarterly reports in what used to be their office area. b. National Opioid Litigation Mr. Bane advised that the Town of Bel Air is part of a class action suit, along with other municipalities across the country, against drug manufacturers in regard to their role in the opioid crisis. Mr. Bane advised that he received an email from Zachary Bland, who has been providing updates to Mr. Bane, indicating that Mr. Bland will be forwarding documents for Mr. Bane to sign. These documents address the law firm’s fees as there apparently is a pending settlement. Mr. Bane advised that the fee is 25% of any recovery up to $10 million, plus 20% of any portion of said recovery between the $10 million and the $15 million, plus 15% of any portion of said recovery between $15 million and $20 million, plus 10% of any portion of said recovery between $20 million and $25 million and, most important to the Town, 5% of any portion of said recovery exceeding $25 million. c. Surplus Property Mr. Bane advised that an email was received from Paul Thompson, whose firm is involved with an architectural proposal for a business operating near the intersection of Route 22 and Hickory Avenue. Mr. Thompson inquired if the Town is willing to sell a triangular piece of land at the intersection. The land is now being used as part of the stormwater management proposal. Mr. Bane advised it is up to the Commissioners to decide if that property should be surplused, but there is a protocol that must be followed for the Town to surplus a property. Mr. Kline advised that this property actually is a right-of-way and not an actual parcel. He advised that more research is needed to determine how to make a right-of-way a surplus. Mr. Small advised that the land in question is just across Route 22 from the firehouse, and it juts out. He advised that State Highway Administration (SHA) should be consulted should they have any desire for the land. Mr. Bane advised that the staff will do the necessary research regarding this right-of-way and get back to the Commissioners. TENTATIVE AGENDA FOR TOWN MEETING (June 6, 2022 at 7:30 p.m.) a. Presentations 1. Promotion of Taryn O’Grady to Officer First Class 2. Bel Air Lions Club Present “Heart of a Lion” Award to Senior Officer First Class Richard Krause 3. Shyama Bhatt, Miss Bel Air Independence Day 2022 20220531.MIN.WorkSession Page 2 of 9  Mr. Krantz advised that Ms. Bhatt’s platform, as she is competing for the title of Miss Maryland, is entitled Project Health: Bridging the Gap between Education and Healthcare. Ms. Bhatt envisions Maryland as a place where all people have equal access to health care and where there are no disparities in health outcomes based on income or race. She advocates for access to comprehensive, affordable health care coverage for Marylanders. Project Health is committed to removing systemic barriers to improve health disparities, specifically for communities disproportionately impacted by infant mortality, chronic health conditions and most recently, COVID-19. Mr. Krantz advised that Ms. Bhatt is asking the Commissioners to proclaim the month of June 2022 to be designated Project Health Month in the Town of Bel Air. b. New Business 1. Resolution 1187-22 Town Fee Schedule Amendments Mr. Krantz advised of the following proposed amendments to the Town Fee Schedule: Site Plan/Subdivision Revision or Administrative Review Residential/Institutional (raise fee to $200 from $150) Industrial/Commercial (raise fee to $350 from $250) Rezoning Petitions Development Regulation Amendment Petition other than rezoning (raise fee to $500 from $250) Mr. Small advised that many applicants have been submitting substandard applications for Site Plan reviews, and the staff are having to review them twice. He advised that the increased fees reflect the additional time staff spend in reviewing these applications. Special Development Application/Special Development Revision Residential/Institutional ($200 fee per individual request) Industrial/Commercial ($400 fee per individual request) Board of Appeals Variance Application (raise fee to $400 per hearing and per request) Special Exception Application (raise fee to $300 from $200) Interpretation Application (raise fee to $300 from $200) Minor Variance, Special Exception (SE) to Interpretations (keep fee at $150 but add “per hearing” and “per request” language) Expansion of Nonconforming Use (raise fee to $300 and add “per hearing” and “per request” language) 20220531.MIN.WorkSession Page 3 of 9 Commissioner Etting inquired if these fees are in line with what other municipalities and Harford County are charging. Mr. Small advised that these fees are slightly more than the other municipalities, and he can obtain those numbers. Mr. Small advised that after hearings are completed, the Town bills for hearing costs (including court stenographer costs) and advertising costs, which are not predictable. He advised that most applications that are submitted to the Planning Commission are not hearings and do not require a court stenographer. Mr. Krantz reported the elimination of the following fees that are no longer applicable: Miscellaneous Tattooing Business License ($250 annually) Person ($75.00 annually) News Rack Permit ($50 annually) Mr. Krantz reported the following proposed fee increases: Other Miscellaneous Fees Tree Replacement Fee (raise fee to $450 from $400) Memorial Grove Tree (raise fee to $150 from $100 plus the cost of the tree) Mr. Small advised that the Tree Replacement Fee should be referred to as Tree Fee- in-Lieu. Mr. Small advised that he feels there should be a penalty assessed when a Town resident installs things such as fences and sheds in violation of the Town Code and the Town staff needs to send him, her or them a violation letter or go out to speak with them. He advised that, in these situations, the resident currently pays the regular fee; but he feels that the there should be a penalty assessed since Town staff members must spend time visiting the residents or drafting violation letters. Mr. Small advised that he would not want to assess an additional fee if the resident comes in voluntarily to address the violation. Commissioner Etting advised that any language regarding the additional fee should be worded very carefully as residents may not have known about the Town Code for installing fences or sheds. She advised that she would not want to be too punitive. Commissioner Etting inquired how many of these violations occur each year. Mr. 20220531.MIN.WorkSession Page 4 of 9  Small advised that there are quite a few but not a huge amount. He advised that he does not want to assess the additional fee as punishment but to capture the time and effort expended by the Town staff to process violations and permits. Mr. Krantz advised that the County System Development Fee, which the Town collects for Harford County, is recommended to be raised from $9,467 to $9,893 per 30 fixture units, effective 7/1/22. 2. Resolution 1188-22 Policy II.F.3 Classified Position and Personnel Table Amendments Mr. Krantz advised that four (4) new pay grades were approved in the FY23 budget that will affect the following positions in Public Works: laborer, custodian, refuse collector, construction worker, auto mechanic, system equipment operator to the sanitary sewer system, mechanic and crew chief. Mr. Krantz advised that the following positions are being eliminated: drafting technician, groundskeeper and one (1) construction worker was cut with the FY23 budget. Ms. Moody advised that the groundskeeper was never a Town employee; it was always a contractual position. Mr. Krantz advised that he does not believe this item needs to be a resolution, but rather it should be a policy amendment. 3. Professional Auditing Services Contract FY22-FY26 Award Ms. Moody advised that the Town’s extended contract with the current auditing services company was a three-year contract with a two-year renewal. FY21 was the last year of that renewal, so an RFP was sent out to six (6) firms and only one (1) response was received, which was from the incumbent. She advised that she is recommending approval of the incumbent’s proposal to the Commissioners. The fee is $18,000, and it will be a three-year contract with a two-year optional renewal. Chair Bianca inquired if Ms. Moody has been happy with the incumbent’s services. Ms. Moody advised that she has been very happy with their services. She advised that they have done a good job, and the staff accountants tend to rotate, which is good; and they sit on various governmental boards and meet all the metrics they need to meet. 4. IAPro Public Portal Software Contract Chief Moore advised that Maryland State law, effective July 1, 2022, requires that all law enforcement agencies in Maryland enable people that file a complaint against officers to track the investigation, the officer’s discipline, trial board and appeals. Each law enforcement agency in Maryland must have a system or software with an 20220531.MIN.WorkSession Page 5 of 9  electronic database in place to enter the complainant’s case number to follow the status of the case as it proceeds. Chief Moore advised that the IAPro NextGen Public Portal will allow complainants to keep up-to-date with email and text notifications upon receipt of their complaint as it is investigated and when an outcome has been determined. He advised that the Police Department will use task force monies to purchase this software. Chief Moore advised that the cost was $9,000, but there will be a $3,000 discount if the software is installed before July 1. He advised that the cost with the discount will be $6,000 plus an annual renewal fee of about $1,500. Ms. Moody advised that this software will not need to go before the Town Board because the cost is below $25,000. 5. Reappointment to the Cultural Arts Commission Commissioner Kahoe advised that Brigitte Grubb is up for reappointment to the Cultural Arts Commission (CAC). She advised that Ms. Grubb has been a member of CAC since 2004 and has been a very valuable and engaged member of CAC. STAFFING UPDATE Mr. Krantz advised that several applications for the laborer position were received over the holiday weekend, but he has not yet been able to review them. Mr. Kline advised that the equipment operator external position should be readvertised. Mr. Krantz advised that he may be posting for a part-time event staff position as one of the event staffers has resigned. Mr. Krantz advised that contingent offers are pending for the Deputy Director of Finance and the Deputy Chief, and a potential offer is pending for the computer tech specialist position. CALENDAR The Work Session on June 14 has been cancelled. Commissioner Hughes advised that the Cecil-Harford MML will meet in Charlestown on July 21 at 6:00 p.m. The venue is to be determined. The Commissioners agreed to ride together during the Independence Day Parade, but the vehicle choice is to be determined. Mr. Krantz advised that the Independence Day Committee meetings will begin here at Town Hall tomorrow. 20220531.MIN.WorkSession Page 6 of 9 MISCELLANEOUS Designation of Historic Property – 24 E. Pennsylvania Mr. Small advised that 24 E. Pennsylvania is the property directly across Pennsylvania Avenue from Odd Fellows Hall. The building is one of the oldest in the Town as it was built in 1814. The owner has requested that it be designated. The request will go before the Historic Preservation Commission, which will issue a recommendation. Mr. Small advised that it will likely come before the Commissioners in July. Development Regulations – Part I (Zoning, Enforcement and New Uses) Mr. Small advised that the Annual Report produced by the Planning Commission will be reviewed by the Planning Commission this Thursday. The draft of the Annual Report is available on the Town’s website. Mr. Small advised that the proposed changes to the Development Regulations will be broken down into parts. Part I will relate to new uses, historic preservation, the environment and changes to individual zoning. Part II relates to performance standards. Part III relates to signs. Part IV relates to parking and will wait until the Parking Study is complete. Mr. Small advised that under Part I Administration, the first item is to give the Director of Public Works the ability to seek criminal and civil penalties. Mr. Small advised that he currently has that power, but one of the things they will look at is to see if it is there anywhere else in the Code because they do not want it in two (2) places. Mr. Small advised that another proposed change is requiring that the Town Board will accept the Annual Growth Report only if the adjusted school capacity numbers require change. Mr. Small advised that, in the current Town Code, accessory dwelling units (ADUs), also referred to as cottage houses, are limited to mother, father, brother, sister, son or daughter as the only persons allowed to occupy a separate dwelling on a single-family or two-family lot. He advised that the Town is seeking to expand that to renters as that is what most cities and counties are doing, especially on the east and west coasts. Planning is seeking to permit renters in ADUs in the M-1, B-2, B-2A, B-3, and B-3A Districts. If a property owner wants to add an ADU in the R-2 or R-1 Districts, it will require a Special Development reviewed by the Planning Commission. If the ADU is in the R-3, R-2 or R-1 Districts and the lot size is not 150% of the requirement, a Special Exception is required and is reviewed by the Board of Appeals. Mr. Small advised that these are detached units now, but the Planning Department is working on fleshing out the difference between a two-family dwelling and a dwelling with an accessory dwelling on it. Mr. Small advised that some of the performance standards Planning is looking at for ADUs are having a maximum size (500-600 square feet), having only one (1) bedroom, parking and buffering review, making sure the principal dwelling is owner occupied, limiting to one (1) ADU per lot, ADU must be on a permanent foundation, no signs allowed, requiring proof of insurance, fire code updated, tax applications and rental information provided. 20220531.MIN.WorkSession Page 7 of 9 Mr. Small advised that there could be some opportunity to allow a person who is not a family member but needs some type of assistance to occupy an ADU or to allow an extended family member to occupy an ADU. Mr. Kline inquired if any Code violations for an ADU would fall on the main house. Mr. Small advised that Code violations would fall on the main house. Chair Bianca advised that he would be more concerned about allowing renters more than allowing relatives to occupy the ADUs. Commissioner Etting inquired if Harford County and the other municipalities allow non-relatives to rent ADUs. Mr. Small advised that he can investigate that. Mr. Small advised that an ADU entails any stay beyond 30 days. A “short-term stay” encompasses 30 days or less and relates to Airbnbs. He advised that Planning has proposed more restrictions on short-term stays because there is less control over those stays. Short-term stays have a lot of the same restrictions as ADUs except there is no option for a Special Development. Performance standards for short-term stays include much smaller maximum size than ADUs, one (1) bedroom, parking and buffering review, owner must stay on site and all the other performance standards required for ADUs. Chair Bianca inquired how residents who operate Airbnbs in the Town would be contacted if the Town enacts the proposed regulations. Mr. Small advised that the Town would contact the Airbnb owners directly about the new regulations in the Town. He advised that he thinks the short-term stay regulations should be added to the Code; otherwise, they are prohibited. Mr. Small advised that proposed changes to permitted uses include defining a “supermarket” as more than 5,000 square feet. Currently in the Code, a “supermarket” is defined as 3,000 square feet, which does not accurately reflect what a “supermarket” is. A “specialty food store” would be defined as less than 5,000 square feet. Mr. Small advised that “banquet facility” has been added to the Permitted Use charts, and a couple of uses that have the same permitted zonings have been combined in the charts. Mr. Small advised that the proposed changes to Historic Preservation will not happen in the Development Regulations but in Chapter 246. He advised that a quorum for the Historic Preservation Commission is currently three (3), but there are seven (7) members; so that quorum definition will change. Mr. Small advised that Planning is working with Finance to increase the tax abatement for improvements on historically designated homes from 10% to 20%. He advised that Planning will explore limitations on architecture when next to a historic property and try to clarify those limitations. Mr. Small advised that Planning would like to require a 25-foot non-disturbance buffer to perennial streams to ensure that development projects do not go right next to the stream. 20220531.MIN.WorkSession Page 8 of 9 Mr. Small advised that currently there are no limitations to commercial developments in the R-O District, but adding a limitation on square footage of businesses would help if someone would try to assemble several lots together. Mr. Small advised that Planning proposes to apply the same architectural and site design standards to the B-1 District. Mr. Small advised that R-O District standards should no longer be applied to the B-3 District. Mr. Small advised that it should be clarified that walls for architectural edges are 42 inches in height in the B-2, B-2A and B-3A Districts. Mr. Small advised that it should be included that jersey walls are prohibited in the Town. Mr. Small advised that the Commissioners should inform him of any concerns they have regarding any of these proposed changes. Commissioner Etting advised that the Town should begin to consider if it will allow the legalized recreational use of cannabis by an adult if it is passed by the State referendum. Mr. Small advised that he does not know of any state in the country that does not allow towns to prohibit cannabis use. ADJOURNMENT The meeting was adjourned at 6:53 p.m. APPROVED: June 21, 2022 Signature on file_______________ Kevin M. Bianca, Chair Board of Town Commissioners Signature on file_____________ Michael L. Krantz, Town Clerk 20220531.MIN.WorkSession Page 9 of 9