Board of Town Commissioners

MINUTES BOARD OF TOWN COMMISSIONERS October 3, 2022 The regular meeting of the Board of Town Commissioners was called to order on Monday, October 3, 2022, at 7:30 p.m. at Town Hall, 39 Hickory Avenue, 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 September 13, 2022, and September 19, 2022, be approved as submitted. Ayes: Commissioners Chance, Etting, Hughes, Kahoe, and Bianca Nays: None The motion carried. 1 PUBLIC HEARING: Ordinance 810-22 Amending Chapter 246 of the Bel Air Town Code Entitled Historic Preservation Mr. Small, Director of Planning, advised Historic Preservation in local government is enabled through legislation found in Title 8 of the Land Use Article of the Annotated Code of Maryland. This article provides for powers of the Historic Preservation Commission (HPC) and outlines regulations for the preservation of locally historic districts or sites. The following changes to the Historic Preservation chapter of the code were introduced at a Town Board meeting August 15th: • Clarification of Section 246-03 defining a quorum as a majority of historic preservation commission members. • Revise the State code reference as the Land Use Article instead of the previously applicable Article 66-B. Additional revisions were requested following the August 15th receipt to address other items: • Grammatical revisions to the preface • Addition of ‘the Town of’ to Section 246-3.B • Replacement of ‘should possess’ with ‘shall have’ in 246-3.B • Add ‘special’ to clarify interest in 246-3.B • Remove ‘such fields as’ and add a colon in 246-3.B • Add ‘a’ in front of related discipline in 246-3.B • Add ‘Part’ in front of 61 to clarify the related federal reference • Add ‘listed in Subsection B’ and remove above listed in two places in 246- 3.C • Remove ‘shall be for three years and’ from 246-3.D • Remove the first sentence of Section 246-3.E • Remove appointing authority and add ‘Board of Town Commissioners’ to 246-3.E and remove ‘within 60 days’ provide flexibility • Add ‘the’ and ‘a’ to the third sentence of Section 246-3.E • Remove the last sentence of Section 246-3.E regarding removal of a member based on the intention to address this issue in Chapter 10 of the code • Remove shall and add ‘may’ in 246-3.G • The allowance to make an appeal to circuit court was removed in deference to an appeal to Board of Appeals – either appears to be allowed based on State code and interpretation by staff, however this change clarifies the path to appeal. Mr. Small notified the path has been the Board of Appeals for several decades, although no one has appealed a Historic Preservation decision. Chair Bianca called for public comments. There were none. 2 Chair Bianca called for Commissioner comments. Commissioner Etting questioned how an appeal is taken. Commissioner Etting advised the State law in Land Use 8-308 says any person aggrieved by decision of a commission can appeal the decision in the manner provided for an appeal from the decision of the Planning Commission of the local jurisdiction. Commissioner Etting stated in our jurisdiction that appeal would go to Circuit Court. The provision tonight says it goes to the Board of Appeals. Commissioner Etting asked should the Town be following the State format. Mr. Keenan, Town Counsel, advised the traditional approach has been to allow the appeal to the Board of Appeals as legal costs are much simpler. Mr. Keenan stated Commissioner Etting is correct in the provision in the Land Use article, but the footnote has indicated that historically the provision was to follow the Charter of the local municipality. Mr. Keenan advised in this case; it goes to the Circuit Court if someone is dissatisfied with the Board of Appeals route. Mr. Keenan stated there is a little deviation from the Land Use article but recognized by those who wrote the Maryland Annotated Code. Mr. Keenan notified the length of time getting to the Board of Appeals is handled in an expeditious way and Circuit Court may take a year. As there were no other Commissioner comments, Chair Bianca closed the Public Hearing. UNFINISHED BUSINESS: Ordinance 810-22 Amending Chapter 246 of the Bel Air Town Code Entitled Historic Preservation Commissioner Etting moved, and Commissioner Chance seconded the motion that Ordinance No. 810-22, revisions to Chapter 246, Historic Preservation be approved by the Bel Air Board of Town Commissioners. Commissioner Etting moved to amend Section 246-9 Appeals to read “any party aggrieved by decision of the Historic Preservation Commission has the right to appeal the decision in the manner provided for an appeal from the decision of the Planning Commission”. Chair Bianca called for a second to the amendment. It was not seconded. Chair Bianca notified of moving forward with the original motion and called for the vote. Ayes: Commissioners Chance, Hughes, Kahoe, and Bianca Nays: Commissioner Etting The motion carried. 3 Decision of the Board of Town Commissioners Appeal 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. Chair Bianca read into the record the following draft decision which will become final by the voting of the Bel Air Board of Town Commissioners. WHEREAS, the Bel Air Board of Town Commissioners (“Board of Commissioners”) has reviewed the file and brief submit by Appellants in this matter; and WHEREAS, the Board of Commissioners has reviewed the record contained in the transcript of the Town of Bel Air Election Judges meeting held on May 25, 2022; and WHEREAS, the Board of Commissioners has heard final argument from Michael R. McCann, attorney for Appellants, and has reviewed the Town Charter, §503 entitled “Board of Election Judges;” NOW, THEREFORE, the Board of Commissioners hereby determines and resolves that Appellants are correct in their assertion submitted by their attorney, Michael R. McCann, Esq., in his brief dated September 13, 2022 that “[t]he Board of Election Judges exceeded its authority under the Charter in rejecting the Petition [of the Appellants]” (Appellants’ Brief, p.2). Appellants hereby prevail in that appeal because §503 (c) of the Town Charter states only that “[t]he Board of Election Judges shall be in charge of registration of voters, nomination procedures and all Town elections” so it does not grant the Board of Election Judges the authority to declare that the documents submitted to the Town of Bel Air on May 23, 2022 do not constitute a Petition for Referendum of Ordinance 809- 22 and therefore are legally insufficient to be considered for scheduling a referendum on Ordinance 809-22. As a result, the Board of Commissioners hereby declare that the May 25, 2022, decision of the Board of Election Judges has no legal effect because the Board of Election Judges lacked authority to render its May 25, 2022, decision. Chair Bianca called for a motion. Commissioner Hughes moved and Commissioner Kahoe seconded the motion to accept the opinion as written. Commissioner Etting moved to amend the decision of the Board of Town Commissioners to add the following language after the final sentence. “and to refer this matter back to the Board of Election Judges to carry out their duties under §504 of the Charter to verify that all persons who circulated, and/or signed the petition are registered to vote in Town elections, and to verify that 20% of the persons who registered to vote in the Town have signed the petition”. Chair Bianca called for a second. It was not seconded. 4 Chair Bianca called for other Commissioner comments. As there were none, Chair Bianca called for the vote on the original motion. Ayes: Commissioners Chance, Hughes, Kahoe, and Bianca Nays: Commissioner Etting The motion carried. NEW BUSINESS: Resolution 1191-22 Update Town of Bel Air Flood Mitigation Assistance (FMAP) Commissioner Chance moved and Commissioner Hughes seconded the motion that Resolution No. 1191-22, updating the Town of Bel Air Flood Mitigation Assistance Plan (FMAP), be approved by the Bel Air Board of Town Commissioners. Commissioner Etting noticed there is a plan for FY24/FY25 to install additional storm drain inlets and storm drainpipes on McCormick and Webster Street. Commissioner Etting stated this will be a terrific help to the flooding in that area from time to time. Mr. Kline stated the engineering is on-going with the project and hopes to get it completed soon and move forward. Chair Bianca thanked Mr. Kline for the hard work on the Town’s increased stormwater flooding issues. Ayes: Commissioners Chance, Etting, Hughes, Kahoe, and Bianca Nays: None The motion carried. Resolution 1192-22 2021 Annual Growth Report Commissioner Kahoe moved and Commissioner Etting seconded the motion that Resolution No. 1192-22 outlining the 2021 Harford County Annual Growth Report be accepted by the Bel Air Board of Town Commissioners. Ayes: Commissioners Chance, Etting, Hughes, Kahoe, and Bianca Nays: None The motion carried. On-Call Painting Contracts Commissioner Hughes moved and Commissioner Kahoe seconded the motion that the prices, terms, and conditions of Colossal Contractors, Inc., 4601 Sandy Spring Road, Burtonsville, Maryland and Goode Design Contracting, 3000 Scenic View Drive, Forest Hill, Maryland as provided to and accepted by Harford County Government Contract No. 20-106 for on call painting services be also accepted by the Bel Air Board of Town Commissioners for a contract not to exceed $75,000. 5 Ayes: Commissioners Chance, Etting, Hughes, Kahoe, and Bianca Nays: None The motion carried. Referral of Annexation to the Planning Commission - 304, 308, 310 Tollgate Road and Portion of Property Tollgate Marketplace Commissioner Kahoe moved and Commissioner Etting seconded the motion that the Bel Air Board of Town Commissioners accept the Petition by the owners of 304, 308 & 310 Tollgate Road along with the owners of Tollgate Marketplace for Parcels 19, 659 & 381 on Tax Map 49 and a portion of Parcel 250 on Tax Map 304 by acknowledging that a minimum of twenty-five percent of the property owners within the area to be annexed have signed the petition and refer the petition to the Planning Commission for research and recommendation. Commissioner Etting asked why the petition does not say it is contiguous and adjoining properties. Mr. Small informed this is something the Town has asked the petitioner to clarify. They have indicated the Department of Planning for the State of Maryland has indicated you can jump the road. There is evidence the Town has done this before. Mr. Small talked with other municipalities in Harford County and found Aberdeen jumped the road with going over I-95 and over an existing railroad. Mr. Small advised the Town is waiting on a response from the State but is not necessary for acceptance of the petition. Commissioner Etting stated at some point the Town will need an answer. Mr. Small concurs and informed Stark & Keenan are also researching. Ayes: Commissioners Chance, Etting, Hughes, Kahoe, and Bianca Nays: None The motion carried. PUBLIC ANNOUNCEMENTS: Chair Bianca notified: • October 7th – Downtown Alliance last First Friday, 5:00-8:00 p.m. • October 7th & 8th - LASOS Haunts & History Tour, 5:30-9:30 p.m., meet at Bel Air Armory Park. • October 8th – National Chess Day Tournament, 8:00 a.m. to 6:00 p.m., at the Armory. • October 14th & 15th – MD State BBQ Bash. Chief Moore informed: • October 5th - Coffee with a Cop to have open discussion with police, 8:00- 10:00 a.m., Newberry Café. 6 PUBLIC COMMENTS: None. COMMISSIONER COMMENTS: None. ADJOURNMENT: The meeting was adjourned at 8:00 p.m. Approved: October 17, 2022 Signature on file_________________ Kevin M. Bianca, Chair Board of Town Commissioners Signature on file_______________ Michael L. Krantz, Town Clerk 7