Board of Town Commissioners

MINUTES BOARD OF TOWN COMMISSIONERS March 20, 2023 The regular meeting of the Board of Town Commissioners was called to order on Monday, March 20, 2023, 5:30 p.m. at McFaul Activities Center, 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 Charles Dawson, Deputy Director of Public Works 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 David Anderson, Media & Public Relations Specialist Charles Keenan, Town Counsel Elizabeth Thompson, Town Counsel Joan Suitt, Recording Secretary ABSENT: Stephen Kline, Director of Public Works 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 February 28, 2023, and March 6, 2023, be approved as submitted. Ayes: Commissioners Chance, Etting, Hughes, Kahoe and Bianca Nays: None The motion carried. 1 PRESENTATION: Recognition of Drew Johnson and Detective First Class Matthew Elliott for Emergency Response Drew Johnson, a member of the Bel Air Police Department Explorer Post 9010, was recognized for helping an individual regain breathing and be able to be transported to the hospital. Drew’s knowledge of CPR and AED usage are an example to others to get trained in these lifesaving practices. On behalf of the Bel Air Town Commissioners and citizens of the Town of Bel Air, Chair Bianca presented Drew Johnson with a Certificate of Recognition. Deputy First Class Elliott arrived at the scene seeing the subject lying on the sidewalk receiving chest compressions. Deputy Elliott exited his patrol car with an AED machine and administered a shock to the victim. EMS arrived and took over life saving measures. On behalf of the Bel Air Town Commissioners and the citizens of the Town of Bel Air, Chair Bianca presented Deputy Elliott with a Certificate of Recognition. Recognition of Patti Parker for Winter Wonderland Patti Parker was recognized for her tireless efforts in bringing people together and creating a sense of holiday spirit to the Town. The Bel Air Commissioners thanked Ms. Parker for her ongoing leadership in making the Town of Bel Air truly a Winter Wonderland. On behalf of the Bel Air Town Commissioners, Commissioner Hughes presented Patti Parker with a Certificate of Appreciation for her service to the community. Ms. Parker thanked those who gave their time, effort and financial support to Winter Wonderland. Klein’s ShopRite, Independent Brewing Company, Vagabond Sandwich, MaGerks, Jones Junction, BTV Reality, Snee, Lutche & Helmlinger P.A, Rockfield Foundation, To Wag For, Z Vault, and the Greater Bel Air Community Foundation. Ms. Parker notified of three key volunteers – James Fitzsimmons, Donna Dickey, and Commissioner Hughes. Ms. Parker appreciated the recognition and stated this is a great Town and a lot of great things happen here. Retirement Recognition for Trish Heidenreich, Director of Economic Development Trish Heidenreich began her government service to citizens and businesses of the Town of Bel Air on October 12, 2006 and has faithfully executed the duties and responsibilities of her position through March 31, 2023. Ms. Heidenreich established the Town of Bel Air’s Economic Development Department and served as its first Director. She has served on the Board of Directors for the International Economic Development Council and the Maryland Economic Development Association. Ms. Heidenreich worked to recruit and retain businesses in Bel Air 2 and dedicated herself to providing guidance to businesses by coaching and assisting them at different stages of their development. On behalf of the Town of Bel Air and the Bel Air Town Commissioners, Chair Bianca awarded Trish Heidenreich with a Certificate of Appreciation and sincere congratulations on her retirement. Ms. Heidenreich appreciates these words but has always said it takes a team effort. Ms. Heidenreich recognized her staff, Town staff, the Town Commissioners and other partners, the Downtown Alliance, ECDC members and others. They all played a part of what the Town of Bel Air is today. Ms. Heidenreich stated you made my journey wonderful and I love the Town of Bel Air. PUBLIC HEARINGS: Annexation Charter Resolution No. 136-23 - 304, 308 & 310 S. Tollgate Road and p/o 615 Baltimore Pike Mr. Small, Director of Planning notified 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 S. Tollgate Road with a small section on the east side of the road. The annexation resolution contains the property descriptions 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 has created an annexation agreement with the applicants’ representative outlining items which require attention to Parcels A, B and C. • There will be minimal expenses associated with annexation of a small portion of S. Tollgate Road to maintain corporate limits as ‘contiguous and adjacent,’ and for a waiver request to Harford County to allow B3 (General Business) zoning which the applicant will compensate the Town $1,560.00. • The applicant will be limited to non-residential uses in order to address the property data. The Town also notified Harford County, the State of Maryland and the Baltimore Metropolitan Council. Both State and County comments are provided. Mr. Small advised 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’s 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 which include: 3  • Vehicular access to any development within the subject property be from S. Tollgate Road or Azalea Drive which are commercial. • A landscaped buffer be provided along Silver Spring Drive and the south property line abutting existing residential properties with planting type, size and spacing to be reviewed by the Planning Commission. Chair Bianca called on Joseph Snee, attorney, representing the applicant, Gary and Joan Rissling. Mr. Snee informed the petition was filled for annexation which is required under Section 4-404 of the Local Government Article and initiates the annexation into the Town of Bel Air. The petition asks, if annexed into the Town of Bel Air, that it be zoned B-3 General Business District in the Town Code. Mr. Snee displayed the following parcels on the screen that are adjacent to each other: • Parcel P.19 - 304 S. Tollgate Road - .83 acres • Parcel P.659 – 308 S. Tollgate Road – slightly under an acre • Parcel P.381 – 310 S. Tollgate Road – approximately ½ acre Mr. Snee advised if annexed the goal is to consolidate the three parcels into one lot. The parcels are directly across from Tollgate Marketplace. The site was formally improved by houses and have since been razed by the applicant. Mr. Snee notified Mr. and Mrs. Rissling have good respect with their neighbors and went door to door without any issues. Tollgate Marketplace is also zoned B-3. Mr. Snee advised Parcel D is a strip of land that goes from the bank building all the way down to Tollgate Marketplace Drive that was never annexed into the Town. The goal is to solve that problem. Mr. Snee stated the three parcels are zoned B2 Community Business District in Harford County and our request is B-3 General Business District in the Town of Bel Air. Mr. Snee attempted to get these rezoned B-3 but the compromise was B2 in the County’s Comprehensive Rezoning in 2016-2017. Mr. Snee displayed the Permitted Uses charts in the Town of Bel Air and advised the goal is to have a mini storage that is climate controlled in the B-3 district that is permitted in the Town’s zoning code. Mr. Snee further displayed renderings that were taken off websites to show what the building could look like. The goal is to have the project fenced in and landscaped. Mr. Snee stated this use will be a low use traffic generator and commercial has no impact on schools. Mr. Snee advised the issue of jumping the road came up and informed this has been done in Aberdeen with jumping I-95. Mr. Snee stated this has never been an issue with the State of Maryland or Harford County. To make sure this is a non-issue, Mr. Snee’s client has agreed to pay for a survey of this portion of Tollgate Road in front of their property and across from Tollgate Marketplace. Ms. Grover, Planning Department in Aberdeen, provided examples of jumping the road. 4 Mr. Snee notified of a five year rule in the Annotated Code of Maryland that says if there is a different land use for density when annexed, before using the property in the Town to develop for B-3 use, there are two choices. 1. Wait 5 years for the B-3 to become effective in the Town of Bel Air. 2. Go to the County Council requesting a waiver of the five year rule. Mr. Snee informed the property needs to be annexed into the Town before requesting the waiver. The waiver request will be a public hearing and the County Council will make the determination. Chair Bianca thanked Mr. Snee for the presentation and agreeing to pay for the road survey. Commissioner Etting commented this cannot be built in the County with the current zoning and the zoning change request in 2016 was not successful. Mr. Snee concurred. Commissioner Etting wanted to know why the zoning was not changed. Mr. Snee advised the proposal was going from B1 to B3 and the County only agreed on B2 for the location. Mr. and Mrs. Rissling had two options, annexing into the Town or go for a piecemeal rezoning to B3. Mr. Vincenti, County Council President, recommended Mr. Snee approach the Town of Bel Air for annexation. Commissioner Etting advised this could wait for the next Harford County Comprehensive Rezoning. Mr. Snee notified that will be in 3 ½ years. Commissioner Etting asked if turned down by the County for the rezoning, why do you think the County will grant the waiver. Mr. Snee stated the County has always understood the importance of economic development creating a taxbase and vacant land is not worth much. Mr. Vincenti feels this will be important to the Town of Bel Air because of not many annexation opportunities. Commissioner Etting asked if the Town approves the annexation and not get the waiver, will you make an argument you can develop the property. Mr. Snee stated that will not be done if the State and County are entrenched in those positions. Mr. Snee stated the Town will then have undeveloped property without enhanced taxbase for 5 years and makes no economic sense. Commissioner Etting understands the Town of Bel Air has been careful not to jump the road but questioned what happens if the County does not agree. Mr. Keenan, Town Counsel, advised the applicant has agreed to pay for the survey of the road which enables the Town to the next approach. Commissioner Etting asked if Harford County does not agree, would the Town be jumping the road. Ms. Thompson, Town Counsel agreed. Commissioner Etting wanted to know the height of the mini storage proposed. Mr. Snee advised it would be within the height limits of the Town. Mr. Small stated the height limit is 65’ for B-3. Commissioner Etting notified it is also 20’ from the road with 0 side setbacks. Mr. Small advised side setbacks are 0 and up to the residential portion there is a 10’ buffer required. The front yard is 22’ and rear yard 10’. Commissioner Etting stated the net revenue will be between $10,000 5 - $15,000 and does not feel the project will bring much to the Town other than the small amount of revenue. Mr. Snee informed the project will be fenced in with a camera system and does not expect heavy demand for police. Commissioner Hughes advised this does allow the Town to jump the road and potentially have annexation opportunities in the future. Mr. Snee commented, it could start a domino effect. Chair Bianca called for public comments. Steve Chizmar, 331 E. Broadway, Bel Air, Md. agrees with comments from Commissioner Etting and does not see the benefit to the Town. Mr. Chizmar knows this land was mentioned in the Comprehensive Plan but nothing was in the plan to say what we want developed. Mr. Chizmar stated the petitioner was turned down in the County and asked why the Town should think it is a good idea. Mr. Chizmar has concern with the 65’ height because it will become a huge wall as you go down Tollgate Road. Mr. Chizmar advised the usage is ok in his opinion but questions the size of the building and how it will blend in with buildings only one or two stories. Mr. Chizmar stated the revenue received from this project will not fix fiscal problems. Mr. Chizmar does not think the Town has studied this project enough and recommends thinking about how the project will integrate into the Town’s development structure. Vince McHugh, 422 E. Broadway, Bel Air, Md. also has concern with the potential for a 65’ building at that intersection. The side yards could be 0 with a buffer and stated when reviewing the proposed plan, the orientation of the side yards are not specified. These side yards could be on any abutting road or against the resident. Mr. McHugh stated the language about the buffer is to be reviewed by the Planning Commission and leaves a lot of lead way. Mr. McHugh asked why the Town should allow a more liberal use of this property than the County. Mr. McHugh suggests the Town consider redefinition of some rezoning allowances of what a warehouse type application should be; should it be industrial use or M-1 and not B-3. Mr. McHugh stated the annexation might be appropriate but not acceptable with the B-3 zoning. Chair Bianca stated we have heard concerns about setbacks and buffers and understand discussion was made with neighbors. Chair Bianca inquired if any concern was raised. Mr. Rissling expressed there were no concerns and reminded the property in the front is not residential. Valerie Capallo, 316 Silver Spring Drive, Bel Air, Md. advised her door was not knocked on. This property has been vacant for many years and Ms. Capallo is now very concerned with the project being proposed. Mr. Small, Director of Planning, clarified the setback from any of those roads are 22’ and the side yard against the existing residences would be 0’ except there is a 10’ buffer. This would be required when it goes before the Planning Commission. Mr. Small advised the Town did not push this down to B-2 because that 6 area is the Central Business District with no side or rear yards. It is meant to be downtown. There is B-3 in the County on the north side and B-3 in the Town east side. Commissioner Etting informed as part of the signed agreement that will be recorded in Land Records, the property will always be commercial. Ms. Thompson informed the agreement will also bind subsequent purchasers. As there were no further comments, Chair Bianca closed the public hearing. Ordinance 811-23 – Development Regulations Amendments Mr. Small, Director of Planning reported in 2022, Bel Air adopted an updated Comprehensive Plan which called for several new initiatives and adjustments to Town Development Regulations. The Town and Planning Commission held several public meetings through 2021 and early 2022. These meetings were advertised in the local paper and Town website. Descriptions of the issues to be addressed by the new plan were available to the public through digital media. Stakeholders such as Town committees and commissions were provided information by the Planning Department. 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 of the Town code are based upon review and recommendation from the Planning Commission and public input from residents and property owners. There are also clarifications of text and additional input from the Town Board during subsequent 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. 7  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. 8 The Town Board of Commissioners through the work session review process adjusted the zone 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 recommendations, and the assistance of many local citizens, business representatives and state representatives, the proposed document incorporates all appropriate recommendations prior to public hearing. The last work session on March 14 revealed two additional amendments to the received version of February 21, 2023. These include: 1. A desire to remove Article III from the proposed amendments in order to allow for additional input from the public and to perform additional research as directed by the Town Board regarding Short Term Rentals (STR). 2. A desire to remove the changes proposed for Section 165-21 (Article II) and keep the requirement for acceptance by the Town Board as part of the code. Chair Bianca informed there are concerns on Short Term Rental issues and the Town Board has removed that from the proposed legislation. This gives the Commissioners time to make sure decisions made are in the best interest of the Town. Chair Bianca called for public comments. Vince McHugh, 422 E. Broadway, Bel Air, Md. stated Short Term Rental in Article III B on the website is not defined. Mr. Small advised that will be part of future adjustments to the Code under definitions. Steve Chizmar 321 E. Broadway, Bel Air, Md. recommends two deletions from Article II Section 165-21 B1A: • Delete - all abutting elementary school attendance areas. Currently two elementary schools are over 110% (Bel Air Elementary and Homestead/Wakefield Elementary). Mr. Chizmar feels development in these school areas should not be allowed because our children deserve a quality education. Mr. Chizmar stated the Town needs to go to the Board of Education and partner with Harford County government informing our children are not getting the education they deserve and redistricting is necessary. Mr. Chizmar stated if we continue with this policy, the children are the biggest losers. • Delete – Middle and High school attendance areas. Mr. Chizmar would like the changes be part of the Commissioner’s motion. Jim Rutledge, 214 Wellington Court, Bel Air, Md. informed in 2021 one of his neighbors advertised their home for short term rental. Mr. Rutledge stated his success was our loss. The neighborhood was impacted with vehicles out of state, people knocking on doors trying to find the party, and crowds on the deck. Mr. Rutledge stated the owner is not on site and this activity disrupts the community. Mr. Rutledge contacted the Town for an inquiry but never heard back. Mr. Rutledge encouraged the Commissioners to seriously look at the issues of short term rentals. 9 Donna DePasquale, Ponderosa Drive, Bel Air, Md. stated this is an extreme example of an Airbnb and the neighbors should be complaining to Airbnb. Airbnb brings people here because families want to visit or be close to shops and restaurants. People may also need to stay while looking for a place to live. Ms. DePasquale stated there needs to be responsible owners who are accountable. Donna Dickey, 1206 Millwood Court, Bel Air, Md. agrees this case is extreme. Other residents with an Airbnb are on site with no issues. Ms. Dickey stated the Town needs short term rentals and mentioned weddings at Rockfield where guests are looking for close accommodations. These people will spend money in the Town and create revenue. Carolanne Cassiday, 530 Cressy Drive, Bel Air, Md. advised she lives in a neighborhood with an Airbnb and believes these do not belong in the Town. Ms. Cassiday stated they are disruptive and is very opposed. Ms. Cassiday purchased her home to live quietly but now people come and go. Ms. Cassiday would be glad to sit down with the Town to further discuss concerns. Tom Payne, 531 Cressy Drive, Bel Air, Md. distributed a handout to the Commissioners. Mr. Payne has an Airbnb the past two years on Cressy and had one on Rockspring for ten years. Mr. Payne stated the home is completely surrounded with industrial/commercial and the neighborhood is changing with heavy vehicle and pedestrian traffic. Mr. Payne stated it has been said Bel Air is a place to raise a family but when children move out or you retire and move, people want to come back to see parents or children and there is no place to stay. Mr. Payne informed he lives in the home and the Airbnb is on another floor. Mr. Payne advised there has never been a problem with his Airbnb. Jenny Falcone, 2501 Palmira Court, Churchville, Md. is speaking on behalf of the Downtown Alliance who sponsors over 40 events per year that draws people into the Town of Bel Air. These events create economic vitality and people want to stay to enjoy what Bel Air has to offer. We want to keep their dollars here which will help small businesses. Ms. Falcone recommends making some type of rules or boundaries for the Airbnb for residents to have some additional funding source. Bart Bodt, 330 E. Broadway, Bel Air, Md. understands the short term rentals are in the business districts and may or may not be in RO. Mr. Small advised there is no mention of short term rentals in the current Code. Mr. Bodt stated the changes being proposed are short term rentals in the business district and homeowners will be impacted. Mr. Bodt stated what has happened in Wellington Woods could happen to any homeowner. The homeowner becomes the residential police force. Mr. Bodt has heard several of the Commissioners say they would not want a rental near their house. Mr. Bodt challenged the Commissioners to think of that when deciding where to place these rentals. Chair Bianca called for Commissioner comments. Commissioner Chance is glad the decision was made to further explore short term rentals and commented this is going to take thoughtfulness and consideration. 10 Commissioner Hughes advised removing Article III from tonight’s vote is the right thing to do. With more discussion and community input, we can find a way to provide some lodging services in the Town without negative impact. Commissioner Hughes stated Mr. Chizmar’s comment about restricting residential development in the Town when our schools are over capacity would place the Town potentially in a situation where residential development would not occur. Commissioner Hughes believes that is not the place the Town should be placed in. Chair Bianca has a child attending Harford County Public Schools and stated the Board of Education had the opportunity to rectify this issue about two years ago. Homestead/Wakefield is at 115% capacity and the Board of Education did absolutely nothing. In perpetuity, the Town would never be able to develop anything ever again because Harford County Public Schools do not want to do their job. Chair Bianca stated that is not fair to the Town of Bel Air. Chair Bianca encouraged citizens to speak during a School Board meeting asking why they are not doing their job. Commissioner Etting inquired about how this is handled in Aberdeen and Havre de Grace. Mr. Small did not know. As there were no further questions, Chair Bianca closed the public hearing. UNFINISHED BUSINESS: 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 Charter Resolution No. 136-23 incorporating a 2.6718-acre parcel of land located on Tollgate Road and designated B3, General Business zoning be approved by the Bel Air Board of Town Commissioners. Commissioner Etting has struggled with this project because of knowing Mr. Rissling is a small businessman and hard working. Commissioner Etting always asks does this make the Town better. This project will be a looming building on Tollgate Road that will not bring anything to the Town including not much in revenue. Commissioner Etting advised she will vote against it. Commissioner Hughes feels the zoning change is in keeping with what is going on at two corners in this area. The Planning Department advised B-1 makes no sense and B-2 is meant for the downtown area where everything is built up to the sidewalks. Commissioner Hughes stated B-3 for this area makes sense and agrees the revenues are not enormous but services will be very minimal. Commissioner Hughes noted because the applicant has agreed to do the survey of the small section of Tollgate Road, it potentially opens the opportunity for future annexations in the Town that may or may not be more lucrative. Commissioner Kahoe had concern with what else could go there and the idea of low traffic impact is important especially with the shopping center being revitalized with Dick’s Sporting Goods. 11 Commissioner Chance does not want to see more retail that would generate a lot of traffic. Commissioner Chance is more comfortable with the proposal. Commissioner Etting feels retail brings more jobs. This project brings no services to the Town/County residents and will not be attractive. Chair Bianca advised this is positive for the Town. We all agree traffic in Town is terrible but this project will be low impact as opposed to a high intensity use. Chair Bianca informed with working on several budgets in the past, he will take the extra revenue. Ayes: Commissioners Chance, Hughes, Kahoe and Bianca Nays: Commissioner Etting The motion carried. Ordinance No. 811-23 Development Regulation Amendments Commissioner Hughes moved and Commissioner Kahoe seconded the motion that the Bel Air Board of Town Commissioners approve Ordinance No. 811-23 with the indicated revisions: • To remove Article III from the proposed amendments in order to allow for additional input from the public and to perform additional research as directed by the Town Board regarding Short Term Rentals (STR). • To remove the changes proposed for Section 165-21 (Article II) and keep the requirement for acceptance by the Town Board as part of the code which is the County Growth Report. Commissioner Etting moved to amend Section 165-21 B1-a for all abutting Elementary attendance area and B1-b for all abutting Middle and High School attendance area. Chair Bianca advised there is a motion to amend and called for a second. Hearing none, Chair Bianca stated the motion failed. Chair Bianca called for the vote on the original motion. Ayes: Commissioners Chance, Hughes, Kahoe, and Bianca Nays: Commissioner Etting The motion carried. PUBLIC COMMENTS ON NEW BUSINESS ITEMS: None. NEW BUSINESS: Resolution No. 1195-23 Acceptance of the 2021 Amended Harford County Annual Growth Report 12 Commissioner Etting moved and Commissioner Chance seconded the motion that Resolution No. 1195-23, the amended 2021 Harford County Annual Growth Report be accepted by the Bel Air Board of Town Commissioners. Commissioner Etting wanted clarification that these numbers are provided by Harford County and cannot be changed or rejected. Mr. Small agreed. Chair Bianca noted for the record that the capacity is only 90% for Harford County elementary schools and 78% for middle schools. Chair Bianca asked residents to talk to their School Board Representative if you want something done. Ayes: Commissioners Chance, Etting, Hughes, Kahoe, and Bianca Nays: None The motion carried. Mowing Services Contract Commissioner Kahoe moved and Commissioner Etting seconded the motion that the terms and conditions of Harford County Government Contract Agreement No. 22-205 with J.D. Lawn Service Inc., 539 Craigs Corner Road, Havre de Grace, Maryland, to provide mowing and landscaping services be also accepted by the Bel Air Board of Town Commissioners for a contract not to exceed $39,200. Ayes: Commissioners Chance, Etting, Hughes, Kahoe, and Bianca Nays: None The motion carried. Reappointment to the Board of Appeals - Shannon K. Abel Commissioner Hughes moved and Commissioner Kahoe seconded the motion that the reappointment of Shannon K. Abel to the Board of Appeals, for a term of three (3) years, effective immediately, be approved by the Bel Air Board of Town Commissioners. Commissioner Hughes advised Shannon Abel is an asset to the Board of Appeals and thanked him for agreeing to a second term. Ayes: Commissioners Chance, Etting, Hughes, Kahoe, and Bianca Nays: None The motion carried. Board of Election Judges Reappointment – Elaine Millard Commissioner Etting moved and Commissioner Chance seconded the motion that the reappointment of Elaine Millard to the Bel Air Board of Election Judges for a 13 term of four (4) years, effective immediately, be approved by the Bel Air Board of Town Commissioners. Chair Bianca is pleased Ms. Millard is interested in the reappointment. Ayes: Commissioners Chance, Etting, Hughes, Kahoe, and Bianca Nays: None The motion carried. Economic & Community Development Commission Reappointment – Jay Ellenby Commissioner Chance moved and Commissioner Hughes seconded the motion that the reappointment of Jay Ellenby to the Bel Air Economic & Community Development Commission, for a term of three (3) years, effective immediately, be approved by the Bel Air Board of Town Commissioners. Ayes: Commissioners Chance, Etting, Hughes, Kahoe, and Bianca Nays: None The motion carried. PUBLIC ANNOUNCEMENTS: Chair Bianca informed: • March 25th – the final Family Fun series – 10:45 a.m. - 12.00 p.m. Free tickets online. • March 29th – Ain’t Misbehavin’ Big Band at the Armory – 7:00 – 8:30 p.m. Tickets $10.00 – purchase online. Commissioner Chance notified: • March 26th – Bridal Show at Rockfield Manor • April 2nd - Easter Egg Hunt at Rockfield Park, 10:00 a.m. • May 14th - Mother’s Day Brunch at Rockfield Manor, 10:00 a.m. – 4:00 p.m. • June 18th – Father’s Day at Rockfield Manor • July 15th – concert in the Pavilion • September 23rd – Wine Festival – tickets available online starting July 1st PUBLIC COMMENTS: None. COMMISSIONER COMMENTS: Commissioner Etting reminded about the Cannabis legislation is effective July 1st and the State legislation needs to be addressed. Chair Bianca thanked the Bel Air Police Department for their hard work on St. Patrick’s Day. 14 Commissioner Kahoe welcomed David Anderston to the Town of Bel Air. Mr. Anderson is the Town’s Media and Public Relations Specialist and began employment today. Mr. Anderson worked for the Aegis for many years covering the Town, Harford County and events. ADJOURNMENT: The meeting was adjourned at 7:30 p.m. APPROVED: April 3, 2023 Signature on file________________ Kevin M. Bianca, Chair Board of Town Commissioners Signature on file_______________ Michael L. Krantz, Town Clerk 15