Board of Town Commissioners
Regular MeetingBel Air, MD · February 21, 2023
Minutes
MINUTES
BOARD OF TOWN COMMISSIONERS
February 21, 2023
The regular meeting of the Board of Town Commissioners was called to order on
Tuesday, February 21, 2023, 5:30 p.m. at Bel Air Library, 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
Stephen Kline, Director of Public Work
Lisa Moody, Director of Finance
Charles Moore, Chief of Police
Angela Robertson, Economic Department Coordinator
Kevin Small, Director of Planning
Charles Keenan, Town Counsel
Elizabeth Thompson, Attorney
Joan Suitt, Recording Secretary
ABSENT: Trish Heidenreich, Director of Economic Development
Michael Krantz, Director of Administration
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 January 31,
2023, February 4, 2023, and February 6, 2023, be approved as submitted.
Ayes: Commissioners Chance, Etting, Hughes, Kahoe and Bianca
Nays: None
The motion carried.
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PRESENTATION:
Certificate of Recognition to Steven Greene
Chair Bianca recognized Steven C. Greene for passing the Maryland Department of
the Environment State Board of Waterworks and Waste System Operators Class 2
Water Collection Operator Examination.
On behalf of the Bel Air Board of Town Commissioners, Chair Bianca commended
Steven Greene for his ongoing commitment and dedication to repairing and
maintaining the critical infrastructure of the Town of Bel Air.
Mr. Kline, Director of Public Works, notified Steve Greene has been employed 24
years with the Town of Bel Air. During earlier years, Steve operated the Town’s
street sweeper and in the last 20 years performed snow/ice removal working
tirelessly to make sure the streets were safe for everyone. Mr. Kline advised
Steve decided to move to the Sanitary Sewer section in 2011 and has insured the
sanitary sewer system operates in a top notch condition. The pump stations are
inspected 365 days a year to make sure they are operating properly. Mr. Kline
acknowledged Steve Greene for his continuous dedication to the Town of Bel Air.
PUBLIC COMMENTS ON NEW BUSINESS ITEMS:
Bart Bodt, 330 Broadway, Bel Air, Md. stated short term rentals were discussed
during a Work Session and it was mentioned there were significant rentals in the
Town of Bel Air. Only eight rentals were identified and they do not represent the
demand but do represent eight proprietors trying to make a few bucks. Mr. Bodt
stated knowing if the units are rented and how often would show the true demand.
Mr. Bodt feels short term rentals should not be allowed in residential districts,
including R-O. Residents in R-O should have the same quality of life and
protection. Mr. Bodt stated whether the business districts should have short term
rentals is unknown. Mr. Bodt recommends prohibiting short term rentals in all
residential areas, assess the business zones and look to see if additional short
term rentals are put out on Airbnb or Vrbo.
Maryanna Skowronski, 512 N. Hickory Avenue, Bel Air, Md. informed her home is in
the R-O zone and supports what Mr. Bodt has said. Ms. Skowronski does not want to
see people coming in and out for short term rentals. The residential offices are
small businesses and the property locally owned. The festivals and historic
places in Town are mostly toured by residents. Ms. Skowronski is not in favor of
short term rentals.
Annette Blum, 800 Cider Mill Lane, Bel Air, Md. feels people would use motels
convenient to the area and not short term rentals.
NEW BUSINESS:
Ordinance 811-23 Development Regulation Amendments
Exhibit A: Article II Administration and Enforcement
Exhibit B: Article III Establishment and Regulation of Zoning Districts
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Exhibit C: Article V Historic Resource Conservation Regulations
Exhibit D: Article VI Environmental Regulations
Commissioner Hughes moved and Commissioner Kahoe seconded the motion that
Ordinance No. 811-23, amending Articles II, III, V and VI be received by the Bel
Air Board of Town Commissioners.
Commissioner Kahoe requested more research on short term rentals. Commissioner
Etting is interested in information on demand and informed a resident was not
happy when seeing an advertisement on the internet for short term rental in her
neighborhood.
Mr. Small stated the Town is limited to what can be researched and has applied to
get status with Airbnb to see some information. Mr. Small advised it is not
necessarily demand but how it impacts neighbors. Mr. Small will be meeting with
counterparts in Aberdeen and Havre de Grace this week.
Mr. Small informed once the Ordinance is received any changes have to be made
through a motion. The Public Hearing will be held March 20th at the McFaul
Activity Center, 5:30 p.m.
Ayes: Commissioners Chance, Etting, Hughes, Kahoe and Bianca
Nays: None
The motion carried.
Annexation Charter Resolution No. 136-23 - 304, 308 & 310 Tollgate Road and p/o
615 Baltimore Pike
Commissioner Chance moved and Commissioner Hughes seconded the motion that the
annexation Resolution No. 136-23 incorporating a 2.6718-acre parcel of land
located on Tollgate Road and designated B3, General Business zoning be received
by the Bel Air Board of Town Commissioners.
Commissioner Etting noted legal counsel has concern on this and questioned if the
Town is ready to go forward. Chair Bianca advised it was made clear during the
Work Session there is no legal precedent.
Mr. Keenan, Town Counsel advised the question is going forward with the
annexation that does not include the road. In order to approve the road, the
roadbed needs to be included within the annexation. There is no problem with the
annexation, the concern is the payment for the survey to include the roadbeds.
The applicant has not consented to pay the amount for the survey of the small
section shown on the plat. Mr. Keenan advised this is a small amount of money.
Mr. Keenan notified the zoning of B-3 in Town allows storage facilities and
Harford County does not permit.
Mr. Small stated the Town of Bel Air has never “jumped the road” but Aberdeen
has. Mr. Small advised there is no precedent in the State of Maryland on “jumping
the road”. Mr. Small does not believe either one is wrong.
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Mr. Small would like to know how the Commissioners want to proceed. The applicant
will attend the Public Hearing on March 20th and be able to answer questions.
There will also be comments provided from Harford County and the State of
Maryland.
Elizabeth Thompson, Town Counsel informed one of pieces must be adjoining the
boundary and the other pieces must be adjoining each other. Ms. Thompson stated
there is a break in the chain and that is “jumping the road”. Mr. Keenan advised
the “jumps” in Aberdeen occurred with I-95 and the railroad.
Commissioner Etting has no problem with accepting the petition but there are
roads to travel for more information between now and the Public Hearing.
Commissioner Etting reminded the applicant was turned down for the zoning in
Harford County and has concern with the applicant asking the Town spend tax
dollars for the survey.
The Public Hearing will be held March 20th at the McFaul Activity Center, 5:30
p.m.
Ayes: Commissioners Chance, Etting, Hughes, Kahoe and Bianca
Nays: None
The motion carried.
Annexation Petition for Williams Subdivision, Lots 2, 3 and 4
Commissioner Etting moved and Commissioner Chance seconded the motion that the
Bel Air Board of Town Commissioners accept the Petition by Annette Cameron Blum
for Parcel 387, Lots 2, 3 & 4 as shown on Tax Map 49 by acknowledging that a
minimum of twenty-five percent of the property owners within the area to be
annexed have signed the petition.
Mr. Small advised the petition will be referred to the Planning Commission for
review and recommendations. The Public Hearing will be held March 20th at the
McFaul Activity Center, 5:30 p.m.
Ayes: Commissioners Chance, Etting, Hughes, Kahoe and Bianca
Nays: None
The motion carried.
Award of Contract for Designing Upgrades for the Shamrock Road and Gateway Drive
Sanitary Sewer Pump Stations
Commissioner Kahoe moved and Commissioner Etting seconded the motion that the
unit process of KCI Technologies, 1352 Marrows Road, Suite 100, Newark, Delaware
19711 as provided to and accepted by Howard County Government under Contract No.
4400003551, be utilized by the Town to enter into two separate contracts to
design and provide construction drawings for upgrades to the Shamrock Road and
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Gateway Drive Sanitary Sewer Pumping Stations in an amount not to exceed
$240,000.00 be accepted by the Bel Air Board of Town Commissioners.
Ayes: Commissioners Chance, Etting, Hughes, Kahoe and Bianca
Nays: None
The motion carried.
Sidewalk Tripping Hazard Removal Contract
Commissioner Etting moved and Commissioner Chance seconded the motion that the
proposal of Precision Concrete Cutting of Delaware and Maryland, 215 Middleboro
Road, Wilmington, Delaware 19804 to furnish all labor, materials, equipment to
remove sidewalk trip hazards in a number of locations in Town in an amount not to
exceed $41,500.00 be accepted by the Bel Air Board of Town Commissioners.
Commissioner Etting inquired about the number of years this process lasts in
preventing hazards. Mr. Kline advised the majority problems are tree roots and
this procedure costs less than having to dig up several panels of sidewalk to get
the grade. Mr. Kline sees this process being ongoing.
Commissioner Kahoe asked about other locations where hazards were removed. Mr.
Kline advised at first the concentration was in the downtown district and then
moved to streets near main thoroughfares. The process is now going into the
communities.
Commissioner Chance informed of falling on Main Street three years ago and thinks
this process is a valuable thing to do.
Chair Bianca thanked Mr. Kline for his efforts and stated this is a great
program.
Ayes: Commissioners Chance, Etting, Hughes, Kahoe and Bianca
Nays: None
The motion carried.
Appointment to the Historic Preservation Commission
Commissioner Hughes moved and Commissioner Kahoe seconded the motion that the
appointment of Keith Smithson to the Historic Preservation Commission, for a term
of three (3) years, effective immediately, be approved by the Bel Air Board of
Town Commissioners.
Commissioner Hughes advised Cpl. Smithson is very involved in the Town of Bel Air
and is excited he has accepted the appointment to the Historic Preservation
Commission.
Ayes: Commissioners Chance, Etting, Hughes, Kahoe and Bianca
Nays: None
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The motion carried.
PUBLIC ANNOUNCEMENTS:
Chair Bianca informed:
• Family Fun at the Armory – Saturday’s - February 25, March 18, March 25 at
10:45 a.m. Tickets are free.
• Chocolate, Brew and Wine Tour – Saturday, March 4th 12:00-7:00 p.m. Sponsored
by the Bel Air Downtown Alliance. Ticket information is available through
their website.
• Take a Chance on Art – Saturday, March 11th 6:00 – 9:00 p.m., everyone goes
home with a piece of art. Sponsored by the Harford Artist’s Association.
Ticket information available on their website.
• Garden Mart – Friday, May 19th at the Armory, 8:30 a.m. – 1:30 p.m.
PUBLIC COMMENTS:
Annette Blum is interested in the annexation proposed on Tollgate Road. Mr. Small
will reach out to Ms. Blum.
COMMISSIONER’S COMMENT:
None.
ADJOURNMENT:
The meeting was adjourned at 6:25 p.m.
APPROVED: March 6, 2023
Signature on file________________
Kevin M. Bianca, Chair
Board of Town Commissioners
Signature on file_______________
Michael L. Krantz, Town Clerk
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Agenda
Bel Air Board of Town Commissioners
Town Hall Public Meeting Agenda
February 21, 2023, at 5:30 PM
Bel Air Library
100 East Pennsylvania Ave., Bel Air, MD 21014
1. CALL TO ORDER
2. PLEDGE OF ALLEGIANCE
3. APPROVAL OF AGENDA
4. APPROVAL OF MINUTES
5. PRESENTATION
a. Certificate of Recognition to Steve Greene
6. PUBLIC COMMENTS ON NEW BUSINESS ITEMS
7. NEW BUSINESS
a. Ordinance 811-23 Amending Town Code Chapter 165 Comprehensive Plan and
Development Regulations Part 2 Zoning
1. Exhibit A: Article II Administration and Enforcement
2. Exhibit B: Article III Establishment and Regulation of Zoning Districts
3. Exhibit C: Article V Historic Resource Conservation Regulations
4. Exhibit D: Article VI Environmental Regulations
b. Charter Resolution 136-23 Annexation of 304, 308 and 310 Tollgate Road
c. Annexation Petition for Williams Subdivision, Lots 2, 3 and 4
d. Shamrock and Gateway Sanitary Sewer Pump Station Upgrade Design Contract
e. Sidewalk Tripping Hazard Removal Contract
f. Appointment to the Historic Preservation Commission
1. Keith Smithson
8. PUBLIC ANNOUNCEMENTS
9. PUBLIC COMMENTS
10. COMMISSIONER’S COMMENTS
11. ADJOURNMENT
Bel Air Board of Town Commissioners
Agenda
February 21, 2023
Ordinance No. 811-23
Development Regulation Amendments
RECOMMENDED MOTION: ”...that Ordinance No. 811-23, amending Articles II, III, V and VI be
received by the Bel Air Board of Town Commissioners.”
I. BACKGROUND
In 2022, Bel Air adopted an updated Comprehensive Plan which called for several new initiatives
and adjustments to Town Development Regulations. The Town held several public meetings
through 2021 and early 2022. The Planning Commission held several public meetings which were
advertised in the local paper and Town website. Descriptions of the changes were available to the
public through digital media. Stakeholders such as Town committees and commissions were
provided information by the Planning Department.
II. PRIMARY ISSUES
The Town Comprehensive Plan emphasized the need for flexible and equitable Regulations that
include objective and clear requirements for proposed development. The proposed revisions to
Chapter 165 are based upon review and recommendation from the Planning Commission, public
input from residents and property owners, clarification of text by staff and comment from the
Town Board during work sessions. These changes are reflected below:
Article II Administration and Enforcement
• Section 165-15 & 16 – clarify the powers of the Planning Director and Public Works Director
• Section 165-15.L – provide detailed description of development submissions which the
Planning Director is responsible for review and approval.
• Section 165-19 & 20 – Revise wording to provide a clearer description of the code
enforcement powers
• Section 165-21 – revise the code to provide an option for Commissioners to bypass official
acceptance of the County Growth Report if this report does not change the way development is
reviewed by the Planning Commission.
Article III Establishment and Regulation of Zoning Districts
• Section 165-24.A – reinforce the preference to not bisect properties with zoning lines resulting
in the split zoned parcel
• Sections 165-25,26,27,28,29,30,31,32 & 33 – provide for Accessory Dwelling Units (ADU)
and Short Term Rentals (STR) in most districts.
o ADU – R1(Special Exception), R2(Special Development), R3(Special Development) &
RO/B1/B2/B2A/B3/B3A (Permitted)
o STR – RO/B1/B2/B2A/B3/B3A (Special Exception)
• Section 165-28.E – limit commercial development in the RO to 7,500sf or less
• Section 165-29.C – apply development requirements for architecture and site design in the RO
to the B1 zone
• Section 165-30.C(3) – provide for walls to substitute for building façade if approved by the
Planning Commission
• Section 165-30.C(5) – revise abutting to adjoining for off-site parking in the B2 district
• Section 165-30.C(5), 31.C(4) & 33.C(5) – require walls, fences and/or landscape to screen
parking at a minimum height of 3-feet
• Section 165-30.E – prohibit jersey walls as permanent barriers and require Public Works
Director to approve temporary barriers other than chain link
• Section 165-31.C(4) – revise adjacent to adjoining to specify limits on off-street parking
• Section 165-32.B – remove the reference to the RO district for site design and place edited
regulations in the B3 zoning section of the code
• Section 165-34.B(8) – require screening of exterior storage
Article V Historic Resource Conservation Districts
• Section 165-40 – clarify the process for designation of historic properties
• Section 165-40.A – eliminate criteria for designation of historic property since this is already
found in Chapter 246 of the code
• Section 165-40.B – require recordation of any property designated as historic in the land
records of Harford County
Article VI Environmental Regulations
• Section 165-43 – clarify the zoning map used for boundaries are in the Comprehensive Plan
• Section 165-47 – expand non-tidal wetlands to include streams
• Section 165-47.C – require seasonally flowing streams to have a non-disturbance buffer of 25-
feet and allow for mitigation
• Section 165-47.D – require seasonally flowing streams in the 100-year floodplain to have a 50-
foot non-disturbance buffer and allow for mitigation
III. DISCUSSION
The Town Board of Commissioners through the work session review process adjusted the zones
for Short Term Rentals and retained the allowance for a 10% building height adjustment when
structured parking is provided. Based on the new Comprehensive Plan, the Planning Commission,
and staff with the assistance of many local citizens, business representatives and state
representatives evaluated and revised the current Development Regulations. The proposed
document incorporates recommended modifications from the Planning Commission with minor
adjustments referenced.
IV. RECOMMENDATION
The Planning Commission and Planning staff recommend that the Board of Town Commissioners
receive Ordinance No. 811-23. A public hearing will be held on March 20 at the McFaul Activity
Center (525 MacPhail Road) at 5:30pm.
BEL AIR BOARD OF TOWN
COMMISSIONERS
AGENDA
February 21, 2023
Annexation Charter Resolution No. 136-23
304, 308 & 310 Tollgate Road and p/o 615 Baltimore Pike
RECOMMENDED MOTION:"...that the annexation Resolution No. 136-23
incorporating a 2.6718-acre parcel of land located on Tollgate Road and designated
B3, General Business zoning be received by the Bel Air Board of Commissioners.
I. BACKGROUND
The Town of Bel Air accepted a petition for annexation from 304, 308 & 310 Tollgate Road LLC
and KRG Bel Air Square, LLC at its October 3, 2022, meeting. The 2.6718-acre parcel is
identified as Parcels A, B, C & D on the attached Plat dated August 12, 2022. The property is
located on the west side of Tollgate Road with a small section on the east side of the road.
II. PRIMARY ISSUES
The annexation resolution contains the property description necessary to assure that
the boundary survey is accurately represented and has been reviewed by the
Department of Public Works and found to meet the requirements of the official survey
map of the Town Boundary. The Town attorney has reviewed the petition and finds
that the request as it relates to Parcel D is legally sufficient. The Town attorney has
reservations concerning the request due to current case law regarding Parcels A, B and
C. A report summarizing the property and neighborhood including the proposed
zoning, any extension of services and proposed conditions of annexation is provided
for review. Also, within the report is a financial analysis, plan exhibits and summary of
the property data. The Town also notified Harford County, the State of Maryland and
the Baltimore Metropolitan Council and their comments are pending.
Ill. DISCUSSION/EXPLANATION
The Bel Air Planning Commission reviewed the request for annexation at a public meeting on
February 2, 2023 and found that it was consistent with the Town Comprehensive Plan and the
proposed zoning of B3 was appropriate. Attached is the recommendation from the Planning
Commission which include Findings of Fact in accordance with the Land Use Article of the
Annotated Code of the State of Maryland and recommended conditions of annexation.
IV. RECOMMENDATION
The staff recommends receipt of Resolution 136-23, a public hearing is scheduled for 5:30pm,
March 20, 2023, at the McFaul Activity Center (525 MacPhail Road) following a required notice
in accordance with State code.
Bel Air Board of Town Commissioners
Agenda
February 21, 2023
Annexation Petition for Williams Subdivision, Lots 2, 3 & 4
RECOMMENDED MOTION:”… that the Bel Air Board of Town Commissioners
accept the Petition by Annette Cameron Blum for Parcel 387, Lots 2, 3 & 4 as
shown on Tax Map 49 by acknowledging that a minimum of twenty-five percent
of the property owners within the area to be annexed have signed the petition.”
I. BACKGROUND
The annexation process is governed by Subtitle 4 of the Local Government Article in the
Annotated Code of Maryland. This process may be initiated by a petition from a minimum
of 25 percent of property owners or registered voters within the area to be annexed.
Once the Town Board has verified that the signature(s) on the petition are valid, it accepts
the petition and authorizes preparation of a resolution and creation of an Annexation
Plan. This plan is forwarded to Harford County, Maryland Department of Planning, and
the Baltimore Metropolitan Council for comment. The proposal is also reviewed by the
Planning Commission to make a recommendation regarding conformance with the
Comprehensive Plan and appropriateness of the proposed zoning.
II. PRIMARY ISSUES
Following acceptance, the Town Board will receive the resolution and subsequently hold
a public hearing. This review will include a description of the area to be annexed, public
services needed for the anticipated use, and a description of how the annexation will
finance the anticipated additional services. The Town Board may attach conditions
through inclusion in the resolution which are deemed necessary to mitigate impact to
neighborhood properties, limit future development of the property and/or protect any
environmental or cultural resources in the area.
III. DISCUSSION/EXPLANATION
The petition proposes B3 (General Business zoning). Future use, access from public right-
of-way and relationship to adjacent property will be critical to the evaluation process.
IV. RECOMMENDATION
Staff recommends the Board of Town Commissioners accept the petition from Annette
Cameron Blum and refer the petition to the Planning Commission for review and
recommendation.
COMMISIONERS OF BEL AIR
AGENDA
February 21, 2023
SIDEWALK TRIP HAZARD REMOVAL CONTRACT
RECOMMENDED MOTION: "... that the proposal of Precision Concrete Cutting
of Delaware and Maryland, 215 Middleboro Road, Wilmington, Delaware 19804 to
furnish all labor, materials, and equipment to remove sidewalk trip hazards in a number
oflocations in Town in an amount not to exceed $41,500.00 be accepted by the Bel Air
Board of Town Commissioners."
1. BACKGROUND
As concrete sidewalk ages and is affected by other external forces, panels often heave or
settle causing an unleveled or uneven joint which ultimately cause tripping hazards for
pedestrians. In an effort to make Town Sidewalks safe for all users, trip hazards must be
removed to provide a leveled safe walking surface. Staff feels that this is the best method
for eliminating the most hazards at the lowest possible cost.
2. PRIMARY ISSUES
The Town's Procurement Regulations allow for the purchase ofsupplies or services where
only one source is practical because the provider is the sole source of a certain method or
service. Precision Concrete has obtained several US Patents on the method and equipment
to cut the trip hazard from a concrete sidewalk panel. Funding necessary to complete this
project was budgeted in the FY 2023 Streets Budget.
3. DISCUSSION/EXPLANATION
The Department of Public Works with the help of Precision Concrete has identified 567
sidewalk trip hazards in the Homestead Village Development. All repairs will be measured,
inspected, and mapped utilizing GIS integration and come with a three-year guarantee from
the time of the initial repair. This is the sixth year of a multi-year program to repair
sidewalk trip hazards on Town Sidewalks.
4. RECOMMENDATION
The Staff recommends that the Bel Air Board ofTown Commissioners accept the
proposal of Precision Concrete Cutting of Delaware and Maryland, to furnish all labor,
materials, and equipment to remove sidewalk trip hazards in a number of locations in
Town in an amount not to exceed $41,500.00.
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