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Board of Town Commissioners

Regular Meeting

Bel Air, MD · June 21, 2022

AgendaMinutes

Minutes

MINUTES BOARD OF TOWN COMMISSIONERS June 21, 2022 The regular meeting of the Board of Town Commissioners was called to order on Tuesday, June 21, 2022, at 7:30 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 STAFF 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 Charles Keenan, Town Counsel Kevin Small, Director of Planning Joan Suitt, Recording Secretary APPROVAL OF AGENDA: Commissioner Kahoe moved and Commissioner Etting seconded the motion to approve the Agenda as written. Ayes: Commissioners Chance, Etting, Hughes, Kahoe, and Bianca Nays: None The motion carried. APPROVAL OF MINUTES: Commissioner Kahoe moved and Commissioner Etting seconded the motion that the minutes of the Bel Air Board of Town Commissioners’ meetings held on May 26, 2022, May 31, 2022, June 6, 2022, and June 8, 2022, be approved as submitted. Ayes: Commissioners Chance, Etting, Hughes, Kahoe, and Bianca Nays: None The motion carried. NEW BUSINESS: Resolution No. 1187-22 Town’s Fee Schedule Mr. Krantz, Director of Administration notified Chapter 192 of the Bel Air Town Code authorizes the Board of Town Commissioners to establish fees for certain Town services, publications, documents, licenses, and petitions. 20220621.MIN.BOTC.TH Page 1 of 13 Mr. Krantz advised the Town’s Fee Schedule was last amended on June 7, 2021. The following sections have recommended amendments: • Site Plan Subdivision Revision or Administrative Review Fees • Special Development Application & Special Development Revision Fees • Board of Appeals Application Fees • Miscellaneous Fees • Sewer Fees It is important to note that permit fees reflect the amount of time staff spends managing, administering, facilitating, and processing. New fee language added: • The fee will be doubled for any permit application submitted because of a written notice of code violation. Mr. Krantz reviewed the following changes: Site Plan/Subdivision Revision, or Administrative Review • Residential/Institutional - $200 + $25.00/unit or lot • Industrial/Commercial - $300 + $25.00/acre or fraction thereof Rezoning Petitions • Development Regulation Amendment Petition other than rezoning - $500.00 Special Development Application/Special Development Revision Adding language - • Residential/Institutional $200.00 + hearing and advertising costs per request • Industrial/Commercial $400.00 + hearing and advertising costs per request Board of Appeals • Variance Application - $400.00 + hearing and advertising costs per request • Special Exception Application - $400.00 + hearing and advertising costs per request • Interpretation Application - $300.00 + hearing and advertising costs per request • Minor Variance, Special Exception (SE) or Interpretations (to include SE or Administrative Variance for Signs, Sheds, Fences, outdoor or tent displays and deck setback, variances 5 feet and under - $150.00 + hearing and advertising costs per request • Expansion of Non-Conforming Use - $300.00 + hearing and advertising costs per request 20220621.MIN.BOTC.TH Page 2 of 13 Miscellaneous Mr. Krantz reported the following has been removed: • Tattooing – Business License and Person • News Rack Permit Changes: • Tree Fee-In-Lieu - $450.00 • Memorial Grove Tree - $150.00 (plus cost of tree) Important Note: The fee will be doubled for any permit application submitted because of a written notice of code violation. Sewer Fees • County System Development Fee (collected by the Town of Bel Air on behalf of Harford County) -$9,893 per 30 fixture units (effective 7/1/22). Increases 4.5% annually pending Town Board approval. Chair Bianca called for public comments. As there were none, Chair Bianca called for Commissioners comments. Commissioner Hughes reiterated other Municipalities were checked for similar services and the changes help to recoup manpower hours. There were no other comments and Chair Bianca closed the Public Hearing. UNFINISHED BUSINESS: Resolution No. 1187-22 Town’s Fee Schedule Commissioner Chance moved and Commissioner Hughes seconded the motion that Resolution No. 1187-22, amending the Town’s Fee Schedule, be approved by the Bel Air Board of Town Commissioners. Ayes: Commissioners Chance, Etting, Hughes, Kahoe, and Bianca Nays: None The motion carried. NEW BUSINESS: Resolution No. 1188-22 Planning Commission 2021 Annual Report Commissioner Etting moved, and Commissioner Kahoe seconded the motion that Resolution No. 1188-22, the Planning Commission 2021 Annual Report, be accepted by the Bel Air Board of Town Commissioners. Ayes: Commissioners Chance, Etting, Hughes, Kahoe, and Bianca Nays: None The motion carried. 20220621.MIN.BOTC.TH Page 3 of 13 Resolution No. 1189-22 Budgetary Amendment – Fiscal Year 2022 Commissioner Hughes moved and Commissioner Kahoe seconded the motion that Resolution No. 1189-22, amending the budget for fiscal year 2022 for additional appropriations, monetary adjustments, and transfers between departments, be received by the Bel Air Board of Town Commissioners. During a Commissioner Work Session, Commissioner Hughes inquired about the amount in the reserve account. Ms. Moody informed the account is almost $3.3 million. Ayes: Commissioners Chance, Etting, Hughes, Kahoe, and Bianca Nays: None The motion carried. A public hearing will be held on Monday, July 18, 2022, at 7:30 p.m. Purchase of Audio-Visual Equipment for Town Hall/Police Department Renovations & Additions Commissioner Kahoe moved and Commissioner Etting seconded the motion that the proposal of East Shore Sound, P.O. Box 512 Jarrettsville, Maryland 21084, as provided to and accepted by Harford County Public Schools Contract, No. 22-JHS-012 to purchase audio-visual equipment as part of the Town Hall/Police Department Renovations and Additions project in an amount not to exceed $160,000.00 be also accepted by the Bel Air Board of Town Commissioners. Ayes: Commissioners Chance, Etting, Hughes, Kahoe, and Bianca Nays: None The motion carried. Lease Agreement Freebooting Friar, Inc. DBA Vagabond Sandwich Company Commissioner Chance moved and Commissioner Hughes seconded the motion that the lease agreement between the Town of Bel Air and Freebooting Friar, Inc. DBA Vagabond Sandwich Company, incorporating, as Lease Exhibit A, approval for a leased parcel premises, known as 111 Thomas Street, and in accordance with Section 5 Use of the Premises, be approved by the Bel Air Board of Town Commissioners. Ayes: Commissioners Chance, Etting, Hughes, Kahoe, and Bianca Nays: None The motion carried. Amended Lease Agreement Main Street Tower Restaurant and Lounge, LLC. Commissioner Kahoe moved and Commissioner Etting seconded the motion that amended lease agreement between the Town of Bel Air and Main Street Tower Restaurant and Lounge, LLC., be approved by the Bel Air Board of Town Commissioners. Ayes: Commissioners Chance, Etting, Hughes, Kahoe, and Bianca Nays: None 20220621.MIN.BOTC.TH Page 4 of 13 The motion carried. Regarding Signatory Documents Submitted on June 10, 2022 Commissioner Hughes moved and Commissioner Kahoe seconded the motion to declare that the signatory documents submitted to the Town of Bel Air, on June 10, 2022, do not constitute a petition of referendum and therefore are legally insufficient and invalid to be considered for scheduling a referendum on Ordinance 809-22. Mr. Krantz, Director of Administration, reported Comprehensive Zoning Ordinance 809-22 passed as amended on May 2, 2022. Issues • The Town of Bel Air received signed documents on Friday, June 10, 2022, from a group of citizens, regarding zoning preferences for the following properties: 45, 53, and 57 East Broadway, and 38 and 44 Gordon Street. • The zoning of these properties, along with several other properties, were recently changed by Ordinance 809-22, as part of the comprehensive re-zoning process that followed the adoption of the Comprehensive Plan on March 21, 2022. • Ordinance 809-22 was introduced at the Town Hall meeting on April 18,2022, and a public hearing was held on May 2, 2022. Following the public hearing, the Bel Air Board of Commissioners motioned to amend the ordinance and a majority of the Commissioners voted in favor of the motion and passed Ordinance 809-22 as amended. • Ordinance 809-22 became effective on May 23, 2022. • Town Charter Sect. 504a i. “…the effect of any ordinance subject to referendum may be suspended if petitioned to referendum at any time during the forty-day period following its enactment.” • Town Charter Sec. 504b i. “A petition for referendum shall be signed by twenty percent (20%) or more of the persons who are qualified to vote in Town elections and shall request that the ordinance or proposed resolution or Charter amendment subject to referendum be submitted to the voters of the Town. Each person signing the petition shall indicate thereon both their name and residence address. Upon receiving a petition for referendum, the Board of Commissioners shall direct that the Board of Election Judges or its appointed agent verify that all persons who circulated and/or signed the petition are registered to vote in Town elections and shall consider the petition as of no effect if it is signed by fewer than twenty percent (20%) of the persons who are registered to vote in the Town.” Mr. Krantz asked: Do the signatory documents submitted on June 10, 2022, disapproving of the zoning changes for 45, 53, and 57 East Broadway and 38 and 44 Gordon Street constitute a petition for referendum under Section 504 of the Bel Air Town Charter? 20220621.MIN.BOTC.TH Page 5 of 13 Mr. Krantz deferred to Mr. Keenan, Town Counsel. Mr. Keenan has written an opinion on this which is attached to the Town’s agenda and notified the actual signature pages which were circulated by a good number of citizens contained the following language: My signature on this document records my disapproval of the change of the zoning from residential (R-2) to business (B-3A) for the following properties in Bel Air, Md: 45, 53 and 57 East Broadway and 38 and 44 Gordon Street. We request the decision be reversed and properties return to R-2 zoning. Mr. Keenan advised there is an inaccuracy in the statement of facts. The pieces of property on Broadway before the Comprehensive Zoning Ordinance passed were zoned B-2A and already under a commercial zoning. The Town Commissioners reclassified them May 2, 2022 as B-3A. Mr. Keenan informed the unlabeled signature pages submitted to the Town contain enough signatures which if verified, (but have not been verified) could represent signatures of more than 20% of the registered voters of the Town. However, none of the signature pages themselves contain the word referendum or reference Ordinance 809-22. Mr. Keenan notified Ordinance 809-22 involves rezoning of 13 properties including the three East Broadway properties and the two Gordon Street properties which are specified on the signature pages. There are 5 properties being contested and 8 properties are not in contest. Mr. Keenan notified Section 308 of the Charter says a newly enacted ordinance may be subject to referendum in accordance with provision of Section 504 of the Charter. Section 504b of the Charter requires the petition of referendum shall be signed by 20% of the persons qualified to vote in Town elections and shall request that the ordinance subject to referendum be submitted to the voters of the Town. Mr. Keenan stated the signature pages do not ask Ordinance 809-22 be subject to a referendum. The signature pages do not meet the requirements set forth in Section 504b because they are not labeled petition for referendum and do not request Ordinance 809-22 be subject to referendum and be submitted to voters of the Town. Mr. Keenan advised the signature pages only concern 5 properties that were comprehensively rezoned and do not contain the language necessary to constitute a petition for referendum. Mr. Keenan stated the Charter provision 504 makes plain that Ordinance 809-22 enacted on May 2, 2022 became effective on May 23, 2022. Chair Bianca called for Commissioners comments. Commissioner Etting stated this has had a long history going back to when the Planning Department recommended against rezoning 53 and 57 East Broadway. It was followed by a meeting of the Planning Commission which recommended against rezoning of 57 East Broadway. Another hearing followed before the Town Commissioners where the vote was to rezone all of the properties presented. Commissioner Etting stated no Town resident spoke in favor of that rezoning and numbers spoke passionately against it. Subsequently, when hearing about a move to build a petition for referendum, Commissioner Etting thought it would be too big of a hill to climb. She was shocked on May 23rd when a petition for referendum with 10% required signatures was presented. There was a later hearing before the 20220621.MIN.BOTC.TH Page 6 of 13 Board of Elections where one Election Judge asked, you mean we can’t accept this even though it is clear what the intent was. Commissioner Etting cannot believe anybody here does not understand the specific intent of this petition. Commissioner Etting stated, in the interest of justice, courts have often allowed legal proceedings and petitions to proceed when there were important constitutional issues or matters raised rather than rejecting those petitions or pleadings due to legal technicalities. Commissioner Etting informed there is no clear guidance in the Town Charter to voters on how to conduct a petition for referendum, no specific language required, and no specific form required. Commissioner Etting believes it is clear from the petition what the intent was of the signatories. Commissioner Etting stated the Klein family has a proud legacy of serving the Town of Bel Air and Harford County with its grocery stores. They have an admirable history of philanthropy, community leadership and just being good neighbors. Commissioner Etting voted against the change zoning because of believing it will change the character of our small town, particularly the Broadway neighborhood. Commissioner Etting does not believe the Kleins would propose this project if they thought that project would be a detriment to Bel Air. To vote to accept the petition for referendum would fit the opportunity for the Klein family to present their vision to the citizens of the Town of Bel Air and let citizens decide. That is what a petition of referendum is for. Commissioner Etting stated our vote tonight is to accept or reject the petition, not a vote for or against the proposed Klein’s project. Commissioner Etting believes every Commissioner on this Board voted on the project in good faith as to what was their best judgement and best interest of the Town. A vote tonight to accept the petition would not be a reversal of that petition as they are separate issues. The issue before us is a democratic one, where over 2000 citizens have signed a petition requesting a referendum. To deny that request is to deny our citizens their voice. The citizens of the Town of Bel Air elect Commissioners to represent them and use their judgement as representatives. The Bel Air Charter recognizes that some issues are so important that the people must have a recourse by way of a petition to referendum. Commissioner Etting urged fellow Commissioners to join her in allowing the petition for referendum to proceed and let it be sent to the Harford County Board of Elections to proceed with the next step of the process which would be verification of the signatures to see if the 20% threshold has been met. Commissioner Hughes stated the circulated signature sheets make no mention of any words or phrases in the spirit of “petition”, “referendum”, “vote”, “allow the people to decide”, or “let the citizens choose”. Anyone unaware of the contested zoning issue on Broadway and East Gordon would have no idea they were signing a document calling for a town-wide vote on the issue based on the heading. The organizers can say that people were informed of this and I’m sure some were told that, but many of these signatures must have come from the four unsupervised signature stations set up around town where no other information was provided except the signature sheets themselves calling for a reversal of the zoning decision. The Town Charter is clear that any petition for referendum should include the statute number of the legislation being contested and also incorporate 20220621.MIN.BOTC.TH Page 7 of 13 language communicating that the undersigned are requesting the ordinance be put to a public vote in a town election. The submitted sheets have none of that language excepting a last-minute “cover sheet” written by the organizers’ attorney that was not seen by ANY of the citizens prior to their signing. Not one signee saw the cover sheet before signing this document. This rings false to me. Commissioner Hughes said the language does matter. This Board has no way of knowing what was said to potential signatories by those circulating the sheets in person. Any number of falsehoods or hyperboles could be used to cajole or intimidate. Especially considering the untenanted nature of the signature tables, voters could not be properly informed as to what they were signing or the document’s intent or what the implications would be to signing without a properly formulated heading on each signature sheet clearly spelling out a request for referendum. That being said, Commissioner Hughes does admire the efforts of those who put in so much time and energy though I might not agree with their request. There will be additional opportunities for citizens to participate as development plans for these properties are submitted and evaluated by Town Planning staff, Planning Commission, etc. and I encourage you to continue to engage in the process. Commissioner Chance wholeheartedly agrees with the comments from Commissioner Hughes. Commissioner Chance has personally asked people, did you see the petition being circulated and did you sign it. Some said yes, others said they were not interested. Commissioner Chance further asked, how was this explained. Their response, it was just the matter of keeping the Town the way it is or preserve the Town. There was no indication that they were talking about Broadway or any area in Town. Commissioner Chance commented, once again there is a petition before the Board that does not have the correct language. Commissioner Chance advised when the first petition was received, per Mr. Keenan, it was not proper and does not understand why it was not corrected by individuals circulating the second petition. Commissioner Chance knows a person approached about the second petition, who was told since you signed the first one you don’t have to sign the second one. Commissioner Chance advised we need to go with the letter of the law. Commissioner Kahoe informed the issue before the Commissioners is only the validity of this petition and based on the findings and the opinion of our counsel, the petition presented is not a valid document and goes beyond just a legal technicality. Commissioner Kahoe cannot see how we can accept it and agrees with Commissioners Chance and Hughes to vote to reject. Chair Bianca has struggled with this and agrees with Commissioner Etting to a certain degree that the intent was there. People worked very hard but also agrees with Commissioner Hughes that the language does matter. Chair Bianca spoke to some who signed the petition and asked why they signed. The response, if we signed it would save 5 historic houses. Chair Bianca stated the Board is being asked to overlook a lot of deficiencies in this petition for referendum and has a hard time thinking that if this petition were about something else that the crowd was against, a lot of the same people would be saying wait a minute, the 20220621.MIN.BOTC.TH Page 8 of 13 tables were not seated, no verification of signatures, or not presented properly. Chair Bianca stated we have to be careful about setting a precedent of just accepting a petition without making sure it meets the requirements of the Charter. There were no further comments and Chair Bianca called for the vote. Ayes: Commissioners Chance, Hughes, Kahoe, and Bianca Nays: Commissioner Etting The motion carried 4 to 1. PUBLIC ANNOUNCEMENTS: Chair Bianca informed: • June 26th – Summer concert at Shamrock Park – Bel Air Community Chorus, 7:00 p.m. • July 4th – Independence Day activities all day long. The parade starts at 6:00 p.m. PUBLIC COMMENTS: Craig Ward, a long-time business, and property owner in downtown Bel Air, has been involved with comprehensive planning and rezoning in downtown Bel Air for decades. When an economic development evaluation was made of the Town, the number one thing to support businesses and improve the tax base was residential development. Mr. Ward stated the rezoning being discussed will potentially increase residential development and support businesses. Mr. Ward advised there will be challenges because the Town is mostly built out and opportunities to get more residents in downtown is tough. Mr. Ward supports efforts to help that happen. Fran Johnson, 124 Archer Street, Bel Air, Md. feels it is appropriate to give the Planning Commission members a shoutout for doing a terrific job and being very loyal. Ms. Johnson had questions about why the petition is only targeting 5 properties and what happens with the other eight properties. Ms. Johnson felt this was done a little sloppy and despite the tremendous effort, there was misinformation regarding what may be built. Ms. Johnson agrees with Commissioner Chance about not understanding why the petition was not corrected. Ms. Johnson hopes people get fired up for the next election. Mark Magness, 713 Country Village Drive, Bel Air, Md. feels mixed use is the way to go for the future viability of the Town, businesses, residents, and visitors. Mr. Magness knows there will be a lot of issues, but this should be looked at closely. Mr. Magness stated Commissioners have a tough job and will never please everybody. He urged the Commissioners to keep the meetings public for everyone to hear. Steve Chizmar, 321 E. Broadway, Bel Air, Md. is greatly disappointed that intent means nothing in this petition process for properties on Broadway. Mr. Chizmar personally acquired over 200 signatures and told everyone it was a petition for referendum. Mr. Chizmar questioned how many people the Commissioners talked with and advised you need to get in touch with your 20220621.MIN.BOTC.TH Page 9 of 13 constituency because they don’t want this stuff in downtown. Their intention is not to worry about bringing new citizens to Town but want you to take care of the citizens here. Mr. Chizmar informed verifying over 2000 signatures against the voter books and crossed out about 20% because of not being on the list. Mr. Chizmar feels the Commissioners are not listening to what voters want. Our intent was clear and wanted a referendum before the Town voters, not have 3 people decide what happens. Mr. Chizmar wants the Commissioners to reconsider what the people of the Town want, not the wannabe citizens. Peggy Lucas, 516 Robinson Street, Bel Air, Md. was presented the petition but did not sign because it was lacking in the complete picture of what is being requested. Ms. Lucas wants to put historic properties in context because a lot has been said about the historic area where things should not be torn down. Ms. Lucas notified: • Early 1900’s – 100 - 200 portion of East Broadway between Main and Hickory was residential consisting of single-family dwellings. • In 1923 – 300- 400 block of East Broadway was subdivided into the development Ingleside. • Moving forward - some homes on East Broadway between Main and Hickory were divided into apartments and some professional offices. • Mid-1980’s - several lots on the southside of Broadway were combined, individual homes raised and became Allendale Condominium. • About same time - lots on the northwest of Broadway and Franklin were combined and re-subdivided as Broadway Condominium. Ms. Lucas stated during the past several decades, the residential nature of this portion of Broadway transitioned even more and the single-family home is now outnumbered. Ms. Lucas reviewed the language of the Maryland Inventory of Historic Properties. Ms. Lucas advised many have seen changes because opportunities were created to benefit from that change. The Town cannot continue in a vacuum and it cannot be argued that a reasonable change is to be expected and is necessary. Vince McHugh, 422 E. Broadway, Bel Air, Md. stated since the petition for referendum was rejected by the Town Commissioners, he has recommendations for the Commissioners to implement. 1. When zoning decisions have been approved by the Town Commissioners, specific options should be presented to residents regarding the zoning. 2. As this petition was rejected on a technicality twice, a specific template needs to be provided by the Town to residents who want to submit a petition for referendum. Mr. McHugh informed it was difficult to find out we could appeal the decision or do a petition for referendum. Mr. McHugh does not want to see another petition for referendum objected for not having the Ordinance number and specifying a petition for 20220621.MIN.BOTC.TH Page 10 of 13 referendum. This is wrong and the Commissioners knew the objective in obtaining the signatures. Mr. McHugh informed it was his intent to provide the accurate information because people believed it was going to be a Walmart or other things. He was clear in terms of what was being done and did not overstate anything when getting signatures. Mr. McHugh stated misinformation was not given to citizens signing the petition, we corrected the misinformation. Terrance Hanley, 314 E. Broadway, Bel Air, Md. stated democracy is not alive tonight. Mr. Hanley stated the signs posted on the 5 properties listed the expansion of ShopRite and as citizens of Bel Air, we did not look into it enough, to find it was actually apartment buildings in the plan. Mr. Hanley takes offense in saying 2051 people did not know what they were signing because people do not just sign a paper from a stranger, on a 90 degree day, and not know what they are signing. Mr. Hanley had a conversation with the Town Clerk and asked him to reach out to Town Counsel before putting people on the streets. Mr. Krantz spoke to Town Counsel and informed Mr. Hanley something has to be written up about your objection. Mr. Hanley stated nothing was said about an Ordinance number or must say referendum. After bringing in the required signatures to the Town, Mr. Hanley was notified after the Board of Elections verify the signatures, the Town of Bel Air will provide some formal language to put on a ballot. Mr. Hanley stated it is absurd for the Town to say 2051 people do not have a voice in Bel Air. Mr. Hanley stated no one has anything against the property owners, but if you want to concentrate on something look at Rt. 1 or Main Street not Broadway, probably the last nice area left in Bel Air. All the Commissioners ran on preserving Bel Air and small town charm but you are not living up to that. Jeff Campbell, 738 Reedy Circle, Bel Air, Md., Vice Chair of the Historic Preservation Commission, advised Mr. Hanley there are plenty of places in Bel Air that are nice. Mr. Campbell spoke with many residents in Majors Choice who regretted signing the petition based on information provided to them by petitioners. Mr. Campbell takes offense with saying “the last piece of nice property in Bel Air”. Kristy Sudbrink, 323 Franklin Street, Bel Air, Md., remarked this has been an eye opening experience. Ms. Sudbrink cannot speak to misinformation because she knows what she said and pointed out on a map. Ms. Sudbrink was clear the new zoning was B-3A and specific to what the zoning permits. It is great people have certain ideas about what they think this plan will look like but once the zoning is set, it is set. Residential is across from this project and will be affected, that is why we were so driven. As the petition was thrown out because the wording was not correct, Ms. Sudbrink feels there is a need to start looking deeply when comprehensive zoning review letters are presented for expansion. Klein’s ShopRite information was inaccurate and they are now planning a completely new project. Ms. Sudbrink wants to make sure all wording is correct on all documents. Ms. Sudbrink loves the Town and the rezoning is less than a block from her house where lighting and traffic will change. Ms. Sudbrink advised the petition was done because it was important to her neighborhood. 20220621.MIN.BOTC.TH Page 11 of 13 Jennifer Avato, 716 Bedford Rd., Bel Air, Md., believes this concerns the disconnect between the Town approval of the project without coordination with the Board of Education because of overcrowding schools. Ms. Avato is frustrated with elected officials for not listening to the Planning Commission and constituents; and claiming the project was approved because of shortfalls in the Town budget from revenue loss due to COVID. Ms. Avato wants the Commissioners to do their job, make good decisions and show us the work behind it. Ms. Avato is concerned no financial analysis was made to show the reasoning for the rezoning. The lack of effort and accountability of moving this project forward is why Ms. Avato supported the petition for a vote. Ms. Amy Chmielewski, 404 Giles Street, Bel Air, Md. is totally against the new road between Homestead/Wakefield School. Ms. Chmielewski understands the importance of emergency vehicles getting around because crossing the Town is difficult but the road is not a good idea. Ms. Chmielewski recommends looking into an emergency gate like the one near Bel Air High School. Ms. Chmielewski is also concerned about bringing more traffic into the Homestead community. Ms. Chmielewski knows the Hickory Flats project will bring in a lot of new residents and put stress on our Police Department and Fire Department. Ms. Chmielewski agrees with requesting a format when doing a petition and the statement every part of our Town is a wonderful community. Ms. Chmielewski commented Commissioners make and change the laws to move the Town forward. Ms. Chmielewski agrees with some parts of the petition but did not sign it. She agrees with the ShopRite expansion but has not seen plans. Ms. Chmielewski stated the Klein family does great things for the community and they give back. Ms. Chmielewski thinks rezoning 13 properties at one time is too much because of being in different parts of Town and used for different things. It needs to be looked at. Mr. Robert Kahl, 432 E. Broadway, Bel Air, Md., is greatly disappointed with the Commissioners taking legalese and putting that ahead of clearly the intent of the voters in Town. Mr. Kahl knew exactly what he was signing and did not need someone writing something at the top of the petition or explain anything. Mr. Kahl takes exception to what is being said and feels this is a personal agenda the Commissioners are trying to drive. Mr. Kahl is concerned with the green space on Broadway. This proposal will not only change buildings and tear them down but will pour concrete pads over 200 years of history. Mr. Kahl asked what is the core or soul of Bel Air? Bel Air has had the ability to hang on to small town charm, livability to residents and coexist with businesses. Now, at a point in time, you want to change everything and once you let the horse out of the barn there is no going back. Mr. Kahl feels not following the recommendations of the Planning Commission and pushing ahead is not being in tune with constituents. The 10% of signatures (1700 -1800 people) have legitimate and rightful legal concerns. Mr. Kahl asked the Commissioners to slow down and listen as the last few years have been frustrating in the 20220621.MIN.BOTC.TH Page 12 of 13 direction the Town is going. Mr. Kahl stated please listen to the residents, not those who tell you what you want to hear, but to what the majority has to say. There were no other comments. COMMISSIONER COMMENTS: None. ADJOURNMENT: The meeting was adjourned at 8:56 p.m. Approved: July 18, 2022 Signature on file_________________ Kevin M. Bianca, Chair Board of Town Commissioners Signature on file_________________ Michael L. Krantz, Town Clerk 20220621.MIN.BOTC.TH Page 13 of 13

Agenda

Bel Air Board of Town Commissioners Town Hall Public Meeting Agenda June 21, 2022 at 7:30 PM 39 N. Hickory Ave., Bel Air, MD 21014 1. CALL TO ORDER 2. PLEDGE OF ALLEGIANCE 3. APPROVAL OF AGENDA 4. APPROVAL OF MINUTES 5. PUBLIC HEARING a. Resolution 1187-22 Town of Bel Air Fee Schedule Amendments 6. UNFINISHED BUSINESS a. Resolution 1187-22 Town of Bel Air Fee Schedule Amendments 7. NEW BUSINESS a. Resolution 1188-22 Planning Commission’s 2021 Annual Report b. Resolution 1189-22 Fiscal Year 2022 Budget Amendment c. Purchase of Audio-Visual Equipment for Town Hall/Police Department d. Lease for Vagabond Sandwich Company e. Lease for Main Street Tower f. Do the signatory documents submitted on June 10, 2022, disapproving of the zoning changes for 45, 53, and 57 East Broadway and 38 and 44 Gordon Street constitute a petition for referendum under Section 504 of the Bel Air Town Charter? 8. PUBLIC ANNOUNCEMENTS 9. PUBLIC COMMENTS 10. COMMISSIONER’S COMMENTS 11. ADJOURNMENT Page 1 of 1

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