Board of Town Commissioners

MINUTES BOARD OF TOWN COMMISSIONERS July 17, 2023 The regular meeting of the Board of Town Commissioners was called to order on Monday, July 17, 2023, 5:30 p.m. at Town Hall, 39 N. Hickory Avenue, Bel Air, Md. 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: Stephen Kline, Director of Public Works Michael Krantz, Director of Administration Lisa Moody, Director of Finance Charles Moore, Chief of Police Angela Robertson, Director of Economic Development Kevin Small, Director of Planning David Anderson, Media & Public Relations Specialist Elizabeth Thompson, Town Counsel Joan Suitt, Recording Secretary ABSENT: Edward Hopkins, Town Administrator 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 June 13, 2023, June 20, 2023, and July 5, 2023 be approved as submitted. Ayes: Commissioners Chance, Etting, Hughes, Kahoe and Bianca Nays: None The motion carried. 1 PUBLIC HEARING: Ordinance 813-23 Amending Articles III, VII, and XIV and Permitted Use Tables of Chapter 165 Mr. Small, Director of Planning, reported in 2022 the Town of 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 associated with the Comprehensive Plan and the Development Regulation amendments. Descriptions of the changes are available to the public through digital media. 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, clarification of text by staff and comments from the Town Board during work sessions. The major changes are reflected below: Article III Establishment and Regulation of Zoning Districts • Section 165-24.A(8) – discourage split zoned parcels and apply the more restrictive when there is a conflict • Section 165-25.B(2), 165-26.B(2) and 165-27.B(2) – Cottage Housing reclassified as Accessory Dwelling Unit as Special Development in R1, R2 & R3 and permitted in all other districts • Section 165-28.E – limit individual use to 7,500 square feet in the RO District • Section 165-29.C – apply RO architecture and site design requirements to B1 district • Section 165-30.C(3)(e) – allow for solid walls to substitute for building façade if approved by the Planning Commission • Section 165-30.C(5)(d), 165-31.C(4)(d) and 165-33.C(5)(e) – require a minimum of three-foot screen for parking B2, B2A & B3A • Section 165-30.E(1)(a), 165-31.C(6)(b) and 165-33.C(7)(b) – clarify the materials and type of fences and walls in the B2, B2A & B3A • Section 165-32.C – create separate design requirements for the B3 district Article VII Development and Performance Standards • Section 165-51.B(2) – add institutional uses to the list exempt from parking requirements in the B2 district • Sections 165-51.C(1) – require Town to be a party to agreement for Satellite Parking and clarify signage required at both the use and parking locations. • Section 165-51.F(1)(k) – require bicycle storage at all proposed development Section 165-51.F(1)(l) – allow for a space designated as pick-up/delivery to count as two required spaces • Section 165-51.F(1)(m) – require that all parking areas be brought up to minimum standards 2  • Section 165-51.H – parking minimums o Reduce requirements for affordable and 55 & over housing by ½ space in all units o Reduce parking for salon uses by ½ space per station or 1 per 200 square feet o Allow for mixed use to be parked at 3.5 per 1000 square feet of gross floor area o Require outside dining/bar to be parked at 1 per 3 seats or 1 per 150 square feet when area exceeds 75% of the interior space o Reduce retail area to 1 space per 250 square feet • Section 165-53.B(1) – require all parking not dedicated to structure/parking/access be landscaped • Section 165-53.C(2)(c) – add Banquet Facility with appropriate safeguards for neighboring properties • Section 165-53.C(2)(f) – require taverns to ensure entertainment does not impact neighboring properties by adding proper insultation and require doors/windows close after 9p.m. • Section 165-51.E(3)(b) – add requirements for entertainment at civic/country clubs similar to banquet facilities • Section 165-53.E(3)(m) – require schools provide adequate transportation facilities • Section 165-53.G(2)(b) – add standards for bed and breakfast uses for parking and buffering • Section 165-53.G(2)(a) – rename Cottage Housing to Accessory Dwelling Unit and provide for adequate parking, buffering, capacity and operating information • Section 165-53.G(2)(i) – reduce requirements for Home Occupations • Section 165-53.H(2)(a) – provide for establishment of a Cannabis Business with setbacks consistent with State law, requiring 500 feet from any residential use and prohibiting on-site consumption • Section 165-53.H(2)(d) – require an agreement with all property owners and the Town to abide by and insure code is enforced • Section 165-53.I(2)(b) – remove sections related to Communications Towers which federal law now controls • Section 165-53.I(2)(c) – clarify drive-thru service requirements by addressing buffering and vehicle queuing Section 165-53.I(2)(g) – expand the requirements from a Mixed Use Center to include shopping center standards Section 165-53.I(2)(i) – limit entertainment and amplified music for Outdoor Dining/Bar use to between 9 p.m. and 9 a.m. and allow for administrative review when located in a shopping center Article XIV Definitions • Section 165-104 Terms Defined o Clarify Forest Conservation terms o Clarify building Height o Establish definition for Cannabis Business 3  o Establish definition for Country Club / Civic Organization o Establish Accessory Dwelling definition o Clarify immediate and extended family terms o Establish definition for Flag o Clarify difference between Medical Services and Professional Services o Establish definition for Project Area o Establish definition for Short Term rental (additional standards and limits will be addressed separately) o Establish terms for Feather/Windsail Sign and Window Sign o Create term for Spa o Establish differences between General Merchandise vs Specialty Retail and Supermarket vs Specialty Food o Establish term for Temporary Use Attachment 1 Permitted Use Tables • Table 3-1 – create Banquet Facility as a use requiring Special Exception approval in all districts • Table 3-3 – establish Country Club & Civic Organization as Special Exception in all districts • Table 3-5 – create Accessory Dwelling Unit as Special Development in R1, R2 & R3 districts and permitted in all other zones except M1 • Table 3-6 – adjust Mixed Use Center to be Special Development in B1, B2, B2A, B3 & B3A • Table 3-7 – consolidate several similar uses where appropriate • Table 3-7 – establish Cannabis Business as a Special Exception in the B3/B3A district The Town Board of Commissioners through the work session review process adjusted the regulations with respect to Cannabis Business, Accessory Dwelling Units, and parking needs. Following receipt by the Town Board, revisions clarifying Section 165-52 (Open Space & Recreation) and Section 165-53.E(1)(b) (Institutional use design guidelines) were made based on public input and these are shown in blue text. The proposed document incorporates recommended modifications from the Planning Commission with minor adjustments from the Town Board. Chair Bianca thanked Mr. Small for his outstanding work. Chair Bianca called for public comments. Mr. Chizmar, 321 E. Broadway, Bel Air, Md. stated most of the changes are reasonable. Mr. Chizmar stated no permanent jersey barriers or chain link fences are permitted in the B2, B2A and wanted to know why RO, B1 and B3 are not included. Mr. Chizmar understands the temporary solutions but permanent barriers and chain link fences are an eyesore and the residents deserve more. He recommends they not be permanent in RO, B1 and B3. Mr. Chizmar does not understand the rationale behind allowing residents in the M- 1 District listed in Table 3-5 Residential. Currently, multi-family, townhomes, 4 group home, and 55 & over are allowed. Mr. Chizmar questioned if the Town wants issues associated with residential and industrial next to each other. In Table 3.7, mini storage is allowed in B2, B2A, B3, B3A and M-1. Mr. Chizmar recommends mini storage only be in M-1 because of being a warehouse and this aligns with the County. Commissioner Etting wanted clarification that jersey barriers and chain link fences can be placed permanently in RO, B1, and B3. Mr. Small concurred and advised an amendment could be made. Mr. Small stated most of the chain link fences are in the M-1 district and can see them in the artist district. Commissioner Etting asked what happens if there is no other way to render your business without these barriers. Mr. Small stated that would be determined by the Town if they show just cause and could go before the Board of Appeals or Planning Commission. Commissioner Etting inquired if residential uses in the Industrial area have always been permitted. Mr. Small agreed. Commissioner Hughes stated the zoning is cumulative and works like Harford County. Chair Bianca asked if the Commissioners have any strong feelings about the barriers. Commissioner Chance asked what the Town is doing with the current jersey barriers in place. Mr. Small advised most are temporary and would need approval to allow to continue. Mr. Small stated the Town will have to address the temporary ones. Chair Bianca wanted to know the effect on restaurant parking spaces being blocked off and the use of outdoor dining. Mr. Small advised time will run out and need to come up with a permanent solution. Chair Bianca stated there is a consensus to ban permanent jersey barriers and chain link fences. Commissioner Kahoe inquired about the time allowance on temporary. Mr. Small advised likely six months and a ruling from the Zoning Administrator. Commissioner Hughes asked for clarification on the zones. Commissioner Etting informed permanent barriers in RO, B1 and B3. Mr. Small stated this would be added to 165.30 E – Fencing and Screening and 165.31 C6 plus adding to the general restrictions. It would restrict permanent jersey barriers and chain link fences in RO, B1 and B3. The text will be changed appropriately. As there were no further comments from the Commissioners, Chair Bianca closed the public hearing. 5 Resolution 1206-23 Amending the 2023 Fiscal Year Budget Ms. Moody, Director of Finance, advised there are several additional revenues/appropriations, transfers, and monetary adjustments that need to be addressed in the fiscal year 2023 budget. The total of the recommended adjustments in this year’s proposed budget amendment increases the fiscal year 2023 general fund budget by $7,242,865 from $16,486,617 to $23,729,482. While most of our revenue projections are still reasonable, several require adjustment. Some of the more significant changes are as follows: • American Rescue Plan (ARPA) Grants, Federal - $1,888,216 increase: mainly due to the Town Hall/Police Department building project ($2,014,416) with various savings from other projects • Governor’s Office Crime Control and Prevention Grant - $164,544 increase: three separate grants 1. Police Accountability, Community, and Transparency Program ($105,220), 2. Police Recruitment and Retention($45,500),and Explorer Program ($13,824) • Miscellaneous Grants - $71,100 increase: Dresher Foundation ($50,000) and GBACF ($15,000) for Shamrock Park • Miscellaneous - $60,000 increase: mainly due to LGIT reimbursement of attorney’s fees/defense costs in civil cases ($50,000) • Investment on Investments - $199,396 increase: reflects higher interest rates and used to balance the budget amendment; the LGIP is now over 5% • Bond Proceeds, DHCD - $3,976,737 increase: reflects the remaining draw of monies from DHCD related to the building construction project • Transfer from Leave Payout Reserve - $96,095 increase: requirement to fund leave payouts greater than $2,500 per employee. The net effect of these changes is an overall increase of $6,487,275 in Total Revenues. Ms. Moody stated several adjustments to our expenditures are proposed as well. Some of the more significant changes are as follows: • A retention bonus totaling $57,500 is included for those employees who are employed with the Town as of June 19, 2023; however, it shall not include any employee who provided notice as of that same date that he/she will separate from the Town’s employment in the immediate future. This bonus will be paid to all Town non-sworn employees on June 23, 2023 and will equate to $1,000 for full-time and $500 for part-time employees hired before July 1, 2022; $500 for full-time and $250 for part-time employees hired after July 1, 2022 but before January 1, 2023; and $250 for full-time and $125 for part-time employees hired after December 31, 2022. Funding from additional revenues as well as expenditure savings affords the Town the opportunity to provide this bonus. 6  • A recruitment and retention bonus totaling $45,500 is included for all sworn employees based on parameters set in the Governor’s Office of Crime Control and Prevention grant. This bonus will be paid on June 23, 2023. • Town Buildings - $6,042,675 increase: $5,982,567 for various expenses, mainly Whiting Turner, related to the Police Department/Town Hall construction project incurred this fiscal year • Legal - $111,000 increase: additional services for several lawsuits • Planning - $193,648 increase: $178,748 mainly due to the additional cost associated with completing the Homestead Park project • Police - $221,096 increase: $193,220 mainly due to expenses related to grants • DPW Streets – ($456,138) decrease: removed Office St/Courthouse Square project until FY24 ($175,261), trash truck erroneously budgeted in streets ($198.579), vacancy savings ($56,000), mild winter savings ($74,241) • DPW Refuse - $246,035 increase: trash truck erroneously budgeted streets ($198,579) and higher costs for trash and forestry trucks ($39.726) The net effect of these changes is an overall increase of $6,487,275 in Total Revenues. Ms. Moody advised the 7-page budget reflects all the adjustments and some additional amendments that are within the motion. This is mainly due to the Town Hall/Police Department project, American Rescue Plan (ARPA funds), Miscellaneous Income, and Interest on Investments. Ms. Moody stated in the Special Revenue Fund there are grants that needed to be cleaned up. Chair Bianca called for public comments. There were none. Chair Bianca called for Commissioner comments. As there were no further comments, the public hearing was closed. Chair Bianca thanked Ms. Moody for the excellent work. UNFINISHED BUSINESS: Ordinance 813-23 Amending Articles III, VII, and XIV and Permitted Use Tables of Chapter 165 Commissioner Hughes moved and Commissioner Kahoe seconded the motion that Ordinance No. 813-23, amending Article VII (Performance Standards), Article XIV (Definitions), and attachment 1, Permitted Use Tables be approved by the Bel Air Board of Town Commissioners. Also amending Article III (Zoning Districts) to add language in Section 165.30 E(1)(a) prohibiting permanent chain link fence and jersey barriers be added to 165-28 (RO district, 165-29 (B1 district) and 165-32 (B3 district). Ayes: Commissioners Chance, Etting, Hughes, Kahoe and Bianca Nays: None 7 The motion carried. Resolution 1206-23 Amending the 2023 Fiscal Year Budget Commissioner Hughes moved and Commissioner Kahoe seconded the motion that Resolution No. 1206-23, amending the budget for fiscal year 2023 for additional revenues/appropriations, monetary adjustments, and transfers between departments, be approved by the Bel Air Board of Town Commissioners with the following amendments: General Fund Revenue: 1. American Rescue Plan (ARPA) – increase by $718,434 for the Town Hall/Police Department (TH/PD) Construction 2. Miscellaneous Income – increase $11,839 for opioid settlements 3. Interest on Investments – increase by $25,317 to balance the amendment General Fund Expenditures: 4. Armory Expenses – add $13,656 to the already encumbered $14,573 amount from fiscal year 2021 for the CCTV/intercom/door release security project 5. Town Buildings Capital, TH/PD Construction – increase by $718,434 mainly due to work completed by Whiting Turner in May and June 6. Human Resources Salaries/Benefits – increase by $2,500 to cover leave payout and additional part-time staff time to fill-in 7. Legal – increase by $9,000 for additional legal services 8.Miscellaneous General Insurance – increase by $12,000 for additional insurance costs Special Revenue Fund Revenues/Expenditures: 9. Community Development Block Grant (CDBG) – reduce by $39,998 due to the COVID related CDBG-CV allocation for the Armory replacement window project being delayed 10. Community Legacy Grant – remove $100,000 budget due to the Courtland Square project not starting until FY24 Ayes: Commissioners Chance, Etting, Hughes, Kahoe and Bianca Nays: None The motion carried. PUBLIC COMMENTS ON NEW BUSINESS ITEMS: Steve Chizmar, 321 E. Broadway, Bel Air, Md. does not understand the Sustainable Community application, the areas, and how the map was drawn. Mr. Chizmar supports the Cannabis Moratorium. 8 NEW BUSINESS: Ordinance 814-23 Bel Air Town Code Chapter 43 Code of Ethics Amendments Commissioner Chance moved and Commissioner Hughes seconded the motion that Ordinance No. 814-23, amending the Code of the Town of Bel Air, Chapter 43, entitled Code of Ethics, be received by the Board of Town Commissioners. Commissioner Etting recommended several changes and Mr. Krantz requested to not accept the Ordinance this evening. Elizabeth Thompson, Town Attorney, advised that would be wise and revisions will be brought back to the Commissioners. Chair Bianca wanted clarification that it is best to vote the Ordinance down. Ms. Thompson concurred. Ayes: None Nays: Commissioners Chance, Etting, Hughes, Kahoe and Bianca The motion did not carry. Resolution 1208-23 Sustainable Community Application Endorsement Commissioner Chance moved and Commissioner Hughes seconded the motion that Resolution No. 1208-23, a Resolution approving the designation of a Sustainable Community and a Sustainable Community Plan, be approved by the Bel Air Board of Town Commissioners. Chair Bianca asked that Mr. Chizmar’s questions be answered. Ms. Robinson, Director of Economic Development, reported some of the areas are automatically included in the Town’s sustainable community designation. The areas include the State designation of the Arts and Entertainment district and the State designation of the Main Street area. Ms. Robinson advised changes have not been made to the map for the Town’s redesignation. Ayes: Commissioners Chance, Etting, Hughes, Kahoe and Bianca Nays: None The motion carried. Resolution 1209-23 Cannabis Moratorium Commissioner Etting moved and Commissioner Chance seconded the motion that Resolution No. 1209-23, establishing a moratorium on the acceptance and processing of an application or site plan and/or issuance of other zoning approvals for the operation of businesses engaged in the growing, processing, and/or selling of cannabis be approved by the Bel Air Board of Town Commissioners. 9 Commissioner Etting reported the Town is waiting for some uncertainties to be revealed. There is a Maryland Municipal League conference on August 10th and other jurisdictions have issued a moratorium. Howard County has a study group who will take a closer look at the law on Cannabis. Ayes: Commissioners Chance, Etting, Hughes, Kahoe and Bianca Nays: None The motion carried. Armory Security Upgrades Contract Commissioner Etting moved and Commissioner Chance seconded the motion that the proposal of Harford County Security Systems, Inc., d/b/a Harford Alarm Company, 202 East Broadway, Bel Air, Maryland, for all labor and materials to upgrade the security system at the Bel Air Armory in the amount of $30,279.00 be accepted by the Bel Air Board of Town Commissioners. Ayes: Commissioners Chance, Etting, Hughes, Kahoe and Bianca Nays: None The motion carried. Award of Contract to Provide Engineering Services for McCormick Street Drainage Improvements Commissioner Kahoe moved and Commissioner Etting seconded the motion that the proposal of KCI, 936 Ridgebrook Road, Sparks, Maryland, to provide engineering services for McCormick Street drainage improvements in the amount of $57,386 be accepted by the Bel Air Board of Town Commissioners. Commissioner Etting thanked Mr. Kline and staff for all their hard work. The residents appreciate the work done and it has helped to some degree. Mr. Kline, Director of Public Works, understands there was a question during the Work Session on funding. Mr. Kline stated funds have not been set aside but recently governmental agencies are starting to understand these problems in the community. Mr. Kline advised more grant money is being offered and once the report is finalized the Town will be looking for grant funds. Ayes: Commissioners Chance, Etting, Hughes, Kahoe and Bianca Nays: None The motion carried. Appointment to Board of Election Judges 10 Commissioner Kahoe moved and Commissioner Etting seconded the motion that the appointment of Alissa Wallace to the Bel Air Board of Election Judges for a term of four (4) 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 notified: • Friday, July 21st - Summer Movie Nights continues at Shamrock Park with the showing of The Grinch at 7:00 p.m. • Saturday, July 22nd – Bel Air Downtown Alliance is hosting their Christmas in July Bar Crawl in the Town of Bel Air. The event starts at 12 noon and tickets are available online. • Sunday, July 23rd – Summer Concert Series at Shamrock Park, 7:00 p.m. Commissioner Hughes informed the Harford Artist Association is having their opening of their summer art exhibit on Saturday, July 22nd from 1:00 p.m. – 4:00 p.m. There will be light hors d’oeuvres and music to accommodate the exhibit. PUBLIC COMMENTS: None. COMMISSIONER COMMENTS: Commissioner Chance reported the Bel Air Lions Club is actively looking for individuals who would be interested in participating in the Derby, October 22nd on Main Street. Commissioner Chance advised a Derby car was in the July 4th parade. Chair Bianca informed drivers must be between 9-14 years and between the driver and car you must be under 200 pounds. Commissioner Chance advised anyone interested to contact the Bel Air Lions Club. Commissioner Etting stated the Planning Commission will not meet in August because of no applications. Commissioner Etting informed the Elderly & Needy Citizens Committee will meet July 25th, 8:30 a.m. at the Bel Air United Methodist Church. ADJOURNMENT: The meeting was adjourned at 6:54 p.m. APPROVED: August 21, 2023 11  Signature on file________________ Kevin M. Bianca, Chair Board of Town Commissioners Signature on file_______________ Michael L. Krantz, Town Clerk 12