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Board of Town Commissioners

Regular Meeting

Bel Air, MD · October 2, 2023

AgendaMinutes

Minutes

MINUTES BOARD OF TOWN COMMISSIONERS October 2, 2023 The regular meeting of the Board of Town Commissioners was called to order on Monday, October 2, 2023, 6:00 p.m., 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: Edward Hopkins, Town Administrator Charles Dawson, Deputy Director of Public Works Michael Krantz, Director of Administration Charles Moore, Chief of Police Angela Robertson, Director of Economic Development Kevin Small, Director of Planning Pamela Wockenfuss, Deputy Director of Finance David Anderson, Media & Public Relations Specialist Elizabeth Thompson, Town Attorney Joan Suitt, Recording Secretary ABSENT: Stephen Kline, Director of Public Works Lisa Moody, Director of Finance 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 Commissioners held on September 12, 2023 and September 18, 2023 be approved as submitted. Ayes: Commissioners Chance, Etting, Hughes, Kahoe and Bianca Nays: None Abstained: Commissioner Bianca – September 12, 2023 meeting 1 The motion carried. PRESENTATION: Proclamation October 2023 Fire Prevention Month Chair Bianca advised the goal for this month is to help raise fire safety awareness and protect homes and families. Fire safety education is important for every member of the community to take time during Fire Prevention Month to understand how to stay safe in case of a fire. Chair Bianca encouraged residents to ensure their families are protected with proper fire safety tools to include smoke/carbon monoxide detectors, fire extinguishers and an escape plan. Chair Bianca thanked the Bel Air Volunteer Fire Company for all they do for the Town of Bel Air. On behalf of the Bel Air Board of Town Commissioners, Chair Bianca proclaimed the month of October, 2023 as National Fire Prevention Month. Chief Scott Panowitz, Bel Air Volunteer Fire Company, informed their Open House is Saturday, October 21st from 12:00 noon – 4:00 p.m. at the firehouse, 109 S. Hickory Avenue. Certificate of Appreciation to the Bel Air Volunteer Fire Company Chair Bianca presented Chief Panowitz with a Certificate of Appreciation for the Bel Air Volunteer Fire Company, who since 1890 have worked tirelessly to protect life and property in the Town of Bel Air. Without them our Town would not have grown to be what it is today and play a large part in helping make this such a great place to live, work and play. Chair Bianca stated no matter the emergency, they always stand ready to answer the call. PUBLIC COMMENTS ON NEW BUSINESS ITEMS: None. NEW BUSINESS: Ordinance 817-23 Development Regulation Amendments Commissioner Hughes moved and Commissioner Kahoe seconded the motion that Ordinance No. 817-23, amending Article VIII (Landscaping Standards), Article IX (Special Provisions and Modifications), and Article X (Accessory and Temporary Uses), be received by the Bel Air Board of Town Commissioners. A Public Hearing will be held on October 16, 2023, Town Hall, at 6:00 p.m. Ayes: Commissioners Chance, Etting, Hughes, Kahoe and Bianca Nays: None 2 The motion carried. Resolution 1212-23 Amendments to Restrictive Parking Zones Commissioner Chance moved and Commissioner Hughes seconded the motion that Resolution No. 1212-23, amending Resolution No. 1150-20, Restrictive Parking Zones, be approved by the Bel Air Board of Town Commissioners. Ayes: Commissioners Chance, Etting, Hughes, Kahoe and Bianca Nays: None The motion carried. Resolution 1213-23 Verizon Cable Franchise Extension Agreement Authorization Commissioner Hughes moved and Commissioner Kahoe seconded the motion that Resolution No. 1213-23, directing the Town Administrator to enter into an extension agreement with Verizon Maryland, Inc., to extend the term of the Franchise agreement which expires on October 27, 2023, for an appropriate period of time and to enter into negotiations with Verizon Maryland, Inc., for a new cable franchise agreement, be approved by the Bel Air Board of Town Commissioners. Ayes: Commissioners Chance, Etting, Hughes, Kahoe and Bianca Nays: None The motion carried. Bel Air Armory Gymnasium Heating and Air Conditioning System Contract Commissioner Kahoe moved and Commissioner Etting seconded the motion that the Proposal of Vigil Contracting, Inc., 2140 Priest Bridge Court, Crofton, Maryland 21114, to replace the 30 Ton Electric Cooling and 500 MBH Gas Heating self- contained packaged roof top unit at the Bel Air Armory for $71,740.25 be accepted by the Bel Air Board of Town Commissioners. Ayes: Commissioners Chance, Etting, Hughes, Kahoe and Bianca Nays: None The motion carried. Extension of Armory Lower Level Access Control and Police Fitness Room Access Commissioner Kahoe moved and Commissioner Etting 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 amend the Contract to upgrade the security system at the Bel Air Armory in the amount of $13,633.00 be accepted by the Bel Air Board of Town Commissioners. 3 Commissioner Hughes has used the backdoor entrance numerous times during Winter Wonderland and knows the key fobs will make the entrance more secure by knowing exactly who is coming and going. Ayes: Commissioners Chance, Etting, Hughes, Kahoe and Bianca Nays: None The motion carried. Reappointment to the Economic & Community Development Commission (ECDC) - Gilbert F. Kennedy, Jr. Commissioner Chance moved and Commissioner Hughes seconded the motion that the reappointment of Gilbert F. Kennedy, Jr. 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. Ms. Robertson, Director of Economic & Community Development, advised Mr. Kennedy has been a valued member of ECDC and provides great input. Commissioner Chance notified Mr. Kennedy is an asset to ECDC and recommends his reappointment. Ayes: Commissioners Chance, Etting, Hughes, Kahoe and Bianca Nays: None The motion carried. PUBLIC ANNOUNCEMENTS: Chair Bianca notified: • Friday, October 6th – celebrate the last First Friday of the season - Das Bierhalle parking lot beginning 5:00 p.m. • Saturday, October 7th – Bel Air Police Department and Bel Air Lions Club are hosting a Child and Safety Fair in Shamrock Park from 11:00 a.m. – 1:00 p.m. Providing free child ID’s and kid activities. • Saturday, October 7th – Sandwich Stock 23 – Outdoor festival with music and more at Vagabond Sandwich, 12:00 noon – 7:00 p.m. Proceeds for Band Together for Harford County. • Saturday, October 7th – LASOS Bingo at the Armory, doors open at 6:30 p.m. Tickets available on-line. • October 13-14th – (Friday/Saturday) Maryland State BBQ Bash sponsored by the Bel Air Downtown Alliance. • October 14th – 3rd Annual Chess Tournament at the Armory, 8:00 a.m. – 5:00 p.m. Chair Bianca reminded the Town offices will be closed on October 9th to observe Indigenous Peoples’ Day/Columbus Day. 4 PUBLIC COMMENTS: Leslie Piet, 808 N. Shamrock Road, Bel Air, Md. inquired if the candidates running for Town election could provide a bio on-line for residents to become educated on who is running. Commissioner Hughes advised of being the only Commissioner running for re- election and candidates cannot use the Town’s website to campaign. Commissioner Hughes informed most candidates will have information on social media. Ms. Piet is not involved with social media and feels residents need to know who they are voting for. Laura Moody, 341 E. Broadway, Bel Air, Md. thanked those responsible for blocking off the first parking space at Lee Way and Hickory Avenue. Ms. Moody informed of having to inch out and pray traffic would be clear at the intersection. Ms. Moody stated it made her life much nicer. COMMISSIONER’S COMMENTS AND LIAISON REPORTS: Commissioner Kahoe asked Ms. Robertson, Director of Economic Development, to explain the Town of Bel Air 150 Celebration mosaic. Ms. Robertson advised the Harford County 250 Celebration is planning a public art initiative called “Piecing Together” where the public was solicited to drop off items of significance to be included in the project and placed at Bynum Park in March, 2024. Ms. Robertson informed the Harford County 250 deadline for submitting was October 1st and offered to get contributions to the artist. Ms. Robertson notified the Town of Bel Air 150 Celebration is being held April 27, 2024 and the Cultural Arts Commission is considering a public art piece but nothing has been determined. Commissioner Kahoe encouraged people to consider contributing to the Town’s project. Commissioner Etting reported the Planning Commission will meet October 5th at 6:00 p.m. Commissioner Etting wanted residents to know the Federal Emergency Management Agency (FEMA) will be performing an emergency alert test on October 4th, 2:20 p.m. for all TV’s, radios and cell phones. Commissioner Hughes notified the Historic Preservation Commission did not meet due to no submissions. Commissioner Hughes participated along with Historic Preservation members, and a representative of the Planning Department in an on-line session through Maryland Historic Trust. The session involved preserving buildings and using historic easements to preserve property. The session also helped the Town to receive certain certifications needed. 5 Commissioner Chance informed last week the Real Estate and Development Forum was held at the Armory for people to hear what is going on in the Town. Commissioner Chance stated it was informative and very well done. ADJOURNMENT: The meeting was adjourned at 6:33 p.m. APPROVED: October 16, 2023 Signature on file________________ Kevin M. Bianca, Chair Board of Town Commissioners Signature on file_______________ Michael L. Krantz, Town Clerk 6

Agenda

Bel Air Board of Town Commissioners Town Hall Meeting Agenda October 2, 2023, at 6:00 PM Bel Air Town Hall 39 N. Hickory Ave., Bel Air, MD 21014 1. CALL TO ORDER 2. PLEDGE OF ALLEGIANCE 3. APPROVAL OF AGENDA 4. APPROVAL OF MINUTES 5. PRESENTATIONS a. Proclamation October 2023 Fire Prevention Month b. Certificate of Appreciation to the Bel Air Volunteer Fire Company 6. PUBLIC COMMENTS ON NEW BUSINESS ITEMS 7. NEW BUSINESS a. Ordinance 817-23 Amending Chapter 165. Comprehensive Plan and Development Regulations, Part 2. Zoning, Article VIII. Landscaping Standards, IX. Special Provisions and Modifications, and Article X. Accessory and Temporary Uses. b. Resolution 1212-23 Amending Restrictive Parking Zones c. Resolution 1213-23 Verizon Franchise Extension Agreement d. Armory Gymnasium Heating, Ventilation, and Air Conditioning (HVAC) Contract e. Extension of Armory Lower Level and Police Fitness/Exercise Room Access Control and Camera System f. Reappointment to the Economic & Community Development i. Gilbert F. Kennedy, Jr. 8. PUBLIC ANNOUNCEMENTS 9. PUBLIC COMMENTS 10. COMMISSIONER’S COMMENTS AND LIAISON REPORTS 11. ADJOURNMENT Bel Air Board of Town Commissioners Agenda Oct 2, 2023 Ordinance No. 817-23 Development Regulation Amendments RECOMMENDED MOTION: ”...that Ordinance No. 817-23, amending Article VIII (Landscaping Standards), Article IX (Special Provisions and Modifications), and Article X (Accessory and Temporary Uses), 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 associated with the Comprehensive Plan and the Development Regulation amendments. Descriptions of the changes are available to the public through digital media. 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, clarification of text by staff and comment from the Town Board during work sessions. The major changes are reflected below: Article VIII Landscaping Standards • Section 165-56.B – clarify street trees must be installed adjacent to the right-of-way. • Section 165-57.B(4) – clarify that screening plantings must retain two-thirds foliage during the lifetime of a project to encourage meaningful landscape buffers. • Table 165-59.I – add the commercial to residential use buffer mistakenly removed several years ago. • Section 165-59.A(3) – allow Planning Commission to approve lesser buffers in all districts based on mitigating factors. Article IX Special Provisions & Modifications • Section 165-63 – clarify building height as ‘average contact with grade’ . • Sections 165-64.B(3) – restrict awnings, canopies, etc. to extend no more than four- feet from building face when located above a public right-of-way. • Section 165-65.A(1) – allow for a sight distance survey when required by the Zoning Administrator. • Section 165-66.A(6) – allow the Zoning Administrator to review and approve extensions of existing non-conforming uses/buildings of single family dwellings. • Section 165-66.A(6)(a) – clarify that extensions of nonconforming buildings cannot increase the degree of non-conformity. Article X Accessory & Temporary Uses • Section 165-68.B(1) – clarify the height limits for accessory structures. • Section 165-68.B(6) – revise the minimum lot size for honeybee hives and chicken coops as 10,000 square feet. Provide for a minimum of a 50-foot setback from adjacent primary structures. Limit the number of hens to two and allow for additional hens for each additional 5,000 square feet of lot area. Restrict chickens to hens only. Adjust the number of animals per lot based on size. • Section 165-68.B(11) – adjust the time for refuse containers, storage units and trailers to be limited to thirty days in a residential area. • Section 165-68.C(6) – limit the time refuse containers, storage units and trailers to thirty days unless located in an area not visible to the public • Section 165-69.C – clarify businesses must adhere to height limits for fences in the front yard. • Section 165-69.E – allow for fences in residential zones to be six-feet for corner or through lots provided the fence is located six feet from the right-of-way line. • Section 165-71.A – establish that temporary uses are limited to thirty days unless noted. • Section 165-71.A(1)(h) – allow for temporary uses to have a sign limited to 72 square feet without a separate permit. • Section 165-71.B(1)(a)[2][a] – clarify that temporary sales/office trailers cannot be located on a lot longer than 30 days without Zoning Administrator approval and construction trailers cannot be located on a lot longer than 18 months without Director of Public Works approval. • Section 165-71.C(1)(a)[3][c] – limit outdoor sales or tent events to thirty days in a calendar year. • Section 165-71.C(1)(a)[4] – expand snowball stands to include seasonal uses and require a permit. Limit signage to 24 square feet. • Section 165-71.D(1)(a)[1] – add retail sales to this section and add requirements to store waste on the establishment premises and require a permit. Limit signage to a sandwich board sign. III. DISCUSSION The Town Board of Commissioners through the work session review process adjusted the regulations for selected items. The proposed document incorporates recommended modifications from the Planning Commission with minor adjustments from the Town Board. IV. RECOMMENDATION The Planning Commission and staff recommend the Board of Town Commissioners receive Ordinance No. 817-23. Commissioners of Bel Air Agenda October 2, 2023 Resolution No. 1212-23 Amendments to Restrictive Parking Zones RECOMMENDED MOTION:”…that Resolution No. 1212-23, amending Resolution No. 1150-20, Restrictive Parking Zones, be received by the Bel Air Board of Town Commissioners.” I. BACKGROUND Chapter 450 of the Bel Air Town Code describes and designates restrictive parking zones in the Town. Resolution No. 342 has been modified over the years as additional zones are added and others are revised or eliminated. This regulation applies to the prohibition of parking on designated streets or the maximum period a vehicle can be parked on a street and in public parking areas controlled by the Town. II. PRIMARY ISSUES Recent town projects and feedback from town residents have necessitated proposed amendments to the existing resolution to accommodate the following more fully described in the resolution attached: - Adjust on-street parking on Hickory Avenue to prohibit the allowance of parking on the east side near the intersection with Lee Street. - Allow parking on the south side of Lee Street near its intersection with Hickory Avenue to compensate for the loss of parking nearby. - Prohibition of parking on Harlan Street near its intersection with McCormack Street. - Adjust parking on Lester Way to prohibit on both sides with the exception of an area near the intersection with Wallace Street. - Extend on-street parking along the mid-block of Archer Street - Probit parking along the west side of Roland Avenue near its intersection with Hall Street. III. DISCUSSION/EXPLANATION These adjustments are designed to accommodate the desire to accommodate nearby residences and businesses while maintaining the maximum level of safety and efficiency within the public right-of-way and address concerns of pedestrian visibility, intersection function, and conveyance of traffic. IV. RECOMMENDATION Staff recommends that Resolution 1212-23 be received by the Board of Town Commissioners. Commissioners of Bel Air Agenda October 2, 2023 Resolution No. 1213-23 Verizon Cable Franchise Extension Agreement Authorization Recommended Motion: “…that Resolution No. 1213-23, directing the Town Administrator to enter into an extension agreement with Verizon Maryland, Inc., to extend the term of the Franchise agreement which expires on October 27, 2023, for an appropriate period of time and to enter into negotiations with Verizon Maryland, Inc., for a new cable franchise agreement, be approved by the Board of Town Commissioners.” 1. Background a. Bel Air Board of Town Commissioners entered into a cable franchise agreement between the Town of Bel Air, Maryland, and Verizon Maryland Inc., on October 27, 2008; and b. the term of this Franchise is fifteen (15) years from the effective date of October 27, 2008, unless the Franchise is revoked or terminated sooner as provided in the agreement; and 2. Primary Issues/Discussion a. Town Staff, with the permission of the Town Administrator, has been in contact with the Verizon Franchise Service Manager and both parties agree that extending the current agreement until a new cable franchise agreement can be negotiated and executed would be mutually beneficial; and 3. Recommendation a. Staff recommends that Resolution No. 1213-23 be approved by the Board of Town Commissioners.

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