Board of Town Commissioners

MINUTES BOARD OF TOWN COMMISSIONERS September 19, 2022 The regular meeting of the Board of Town Commissioners was called to order on Monday, September 19, 2022 at 7:30 p.m., Bel Air Armory, 37 N. Main Street, Bel Air, Maryland. MEMBERS PRESENT: Commissioner Kevin M. Bianca, Chair Commissioner Mary F. Chance Commissioner Paula S. Etting Commissioner Erin S. Hughes Commissioner Donna L. Kahoe STAFF PRESENT: Edward Hopkins, 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 Kevin Small, Director of Planning Charles Keenan, Town Counsel 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 August 30, 2022 and September 6, 2022 be approved as submitted. Ayes: Commissioners Chance, Etting, Hughes, Kahoe and Bianca Nays: None The motion carried. 1 NEW BUSINESS: Contract for Shamrock Park Playground Improvements Commissioner Kahoe moved and Commissioner Chance seconded the motion that the contracted price from Cunningham Recreation for Gametime GT-Impax play surface in the amount of $201,572.14, through Omnia Cooperative with the City of Charlotte be approved by the Bel Air Board of Town Commissioners. Commissioner Etting inquired if the Town is prepared to provide a secure location to store equipment. Mr. Small advised the contractor will provide a safe fence around the facility. The Town has worked with Cunningham Recreation before and this will be negotiated. Commissioner Etting asked about freight charges and terms of sale. Mr. Small advised the freight charge is $1,622.70 and all terms will be completed before the contract is signed. Ayes: Commissioners Chance, Etting, Hughes, Kahoe and Bianca Nays: None The motion carried. Appeal Presentation by Michael R. McCann, Esq. on behalf of Appellants, twelve (12) Taxpayers of the Town of Bel Air, from the May 25, 2022, decision of the Board of Election Judges Michael R. McCann, Esq. represents the appellants in this case, a group of citizens concerned with Ordinance 809-22 passed in May, 2022. Mr. McCann believes the Board of Election Judges exceeded their authority by addressing the substance of the petition for referendum his clients filed and not limiting their actions to what is required in the Charter. Mr. McCann stated the Charter specifically says the Board of Election Judges are to verify the signatures signed on the petition as registered voters. Mr. McCann is requesting this matter be referred back to the Board of Election Judges to pursue and complete their task under the Charter. Mr. McCann understands the decision has been made to not allow citizens to present evidence this evening. Mr. McCann is not challenging the decision but objects and believes the Commissioners need to hear from those who obtained the signatures giving them a fair opportunity to speak. Mr. McCann reminded at the June 21st meeting the Commissioners rejected the petition for referendum and objects public comments were not allowed until the end of the meeting. Binders were distributed to the Board of Commissioners for reference during Mr. McCann’s remarks. 2 Recap of Timeline • Ordinance 809-22 passed May 2, 2022. • John Kane, client, had conversation with Mr. Krantz who advised a referendum was possible under the Charter for parcels on Broadway and Gordon Street. Mr. Krantz informed of the signature requirements and to present signatures by May 23, 2022. Mr. Kane reached out to Terry Hanley about the procedures. • Mr. Hanley, a client, contacted Mr. Krantz to confirm the task of obtaining signatures for a petition of referendum to make sure there were no loopholes. Mr. Krantz reiterated what was said to Mr. Kane and advised to write on a piece of paper what you are opposing, nothing formal, and obtain the required signatures. Mr. Hanley suggested Mr. Krantz contact the Town’s attorney to confirm. • The emails between Mr. Hanley and Mr. Krantz are included in the binder. Based on these conversations, Mr. McCann stated a petition was drafted and distributed to a number of canvassers who took on the task of obtaining signatures that were filed with the Town. Evidence will show: 1. Canvassers fully understood the petition being signed was a petition for referendum. 2. Ordinance 809-22 was the subject for referendum. 3. The petition for referendum included the properties on Broadway and Gordon Street. 4. The clients checked signatures against voter registration records. The petitions were delivered in two batches. The first batch delivered May 23, 2022 and accepted by Mr. Krantz. Mr. Krantz commented this is incredible, historic, and has never seen anything like it. Mr. Krantz advised the actual ballot needs to be prepared. Mr. McCann stated his clients always understood and Mr. Krantz always understood what was being submitted, a petition for referendum. Mr. McCann advised a copy of the receipt for the signatures is in the binder. 5. Meeting with Board of Election Judges on May 25, 2022. The agenda references Charter 504 and refers to what clients submitted as a petition. 6. The minutes from the Board of Election Judges meeting is included in the binder and refers to a petition of referendum for the properties on Broadway and Gordon Street. 7. The binder includes a transcript from the Board of Election Judges suggesting everyone understood this was a petition for referendum. 8. Mr. McCann became involved June 2, 2022 and a letter was sent to the Mayor and Commissioners explaining the process taken by the Board of Election Judges and asking the matter be referred back to them. 9. On June 21, 2020, the Board of Commissioners held a meeting on the issue and a motion was passed to conclude the petition from his clients did not constitute a petition for referendum and therefore legally insufficient. 3 Mr. McCann’s clients believe the petition filed in May, 2020 fully complies with Charter 504. The arguments made: • Mr. Keenan said the petition is faulty or invalid because it does not contain the word referendum or reference to Ordinance 809-22. Mr. McCann stated there is nothing in Charter 504 where it requires using the word referendum or to reference a specific Ordinance. The Charter does make reference to the word petition and referendum but nothing specific that the petition must state it is a petition for referendum and must state the Ordinance. Mr. McCann referenced a picture of Mr. Krantz accepting the petition and Commissioner Etting’s comments during the June 21st meeting, it is clear on the petition what the intent was. Mr. McCann advised one of the Election Judges commented, you mean we cannot accept this even though it is clear what the intent is. Mr. McCann wants to address allegations on how the signatures were obtained. Mr. Keenan interrupted and advised Mr. McCann you are presenting evidence that is in no way on the record. Mr. McCann advised his purpose here is to make a record. Mr. Keenan asked are you testifying or arguing. Mr. Keenan believes Mr. McCann is referring to things that are not in evidence and making a proffer of items you think could be produced as evidence that are hearsay and nowhere in the record. Mr. Keenan advised the people have not testified on the record. Commissioner Etting stated the reason you do not have evidence for the record is because the people did not have the opportunity to put it on record. Mr. McCann stated we need to be very careful about accusations when assuming people who signed did not do so of their own free will or signature stations were unmanned. Mr. McCann stated the signatures required for the petition is 1,480 or 20% of the registered voters in the Town. The first day, 1,051 signatures were obtained by people canvassing and the second canvassing effort obtained 770 signatures. Mr. McCann stated there is nothing in the Charter that requires his clients to do more than what was done. Commissioner Etting asked Mr. McCann what you are thinking the next step should be. Mr. McCann wants this referred back to the Board of Election Judges and feels the Commissioners have an obligation to do that. The number of signatures will be verified and afterwards the Board of Commissioners makes the decision on the evidence. Mr. McCann stated there is nothing in the Charter that says the Town Commissioners should investigate the signatures or validation of the petition. Commissioner Etting inquired if Mr. McCann feels the Commissioners meeting on June 21st was out of order. Mr. McCann stated it did take place before the Board of Election Judges did what was required of them and that his clients were not heard. 4 Chair Bianca thanked Mr. McCann for his time. Chair Bianca stated there is a need to digest this and recommends if the Commissioners feel the same to make a motion to table. Commissioner Etting moved and Commissioner Hughes seconded the motion to table the decision until the October 3, 2022 Town Board meeting. Ayes: Commissioners Chance, Etting, Hughes, Kahoe and Bianca Nays: None The motion carried. PUBLIC ANNOUNCEMENTS: Chair Bianca reported: • September 21st – blood drive at the Armory, 10:00 a.m. – 3:00 p.m., appointments to be made on-line. • September 24th – Rockfield Wine Festival – sold out. • October 1st – LASOS Bingo at the Armory, 6:30 – 10:00 p.m. Tickets available on-line. PUBLIC COMMENTS: Larry Wilson, 412 Trout Dale Court, Bel Air, Md. advised he was one of the canvassers in Major’s Choice. Mr. Chizmar informed him about the petition for referendum so residents of the Town could vote on the proposed rezoning of the 5 properties. Mr. Wilson saw the map of the properties and was clear of what was being asked. When canvassing, Mr. Wilson had a copy of the map, showed it to each person, explained the petition for referendum and was clear to the people who signed. Mr. Wilson attended the Town meeting on June 21st where it was said people were misled or signatures were not valid. Mr. Wilson felt this was saying the residents of the Town are not smart enough to know what they were signing. Peg Lucas, 516 Robinson Street, Bel Air, Md. stated she was approached to sign the petition and felt it was misleading. The properties in question are not designated and have been used for other than residential for quite some time. There has been a great deal of changes and referenced the many neighborhoods in the Town. Ms. Lucas is concerned about the other properties on the Ordinance and asked will they have a say or be able to proceed with their plans. Ms. Lucas asked the Commissioners to look at the whole picture and stated with change things will look different but it does not mean change is not going to happen. Richard Kafka, 45 E. Broadway, Apt. A, Bel Air, Md. walked out of the house to find a sign about rezoning the property. Mr. Kafka learned the house he and his wife live in was to be torn down. Mr. Kafka reached out to the Klein family and Michael Klein informed their plan was not to take down his home nor the home next door. On June 6th, a representative of Michael Klein came to the house with a home appraiser. Mr. Kafka contacted Michael Klein and was told this has nothing to do 5 with you. Mr. Kafka would like the owner to be honest with people living at these properties and wants to know when he has to vacate. COMMISSIONER COMMENTS: Commissioner Chance advised the Festival of the Arts was a great success and appreciates the volunteers and staff who helped during the event. ADJOURNMENT: The meeting was adjourned at 8:21 p.m. APPROVED: October 3, 2022 Signature on file_____________ Kevin M. Bianca, Chair Board of Town Commissioners Signature on file___________________ Michael L. Krantz, Town Clerk 6