Board of Town Commissioners

BOARD OF TOWN COMMISSIONERS WORK SESSION October 10, 2023 5:15 P.M. PRESENT: Commissioner Kevin M. Bianca, Chair Commissioner Mary F. Chance Commissioner Paula S. Etting Commissioner Erin S. Hughes Commissioner Donna L. Kahoe Edward Hopkins, Town Administrator 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 Attorney ABSENT: Stephen Kline, Director of Public Works OTHERS: Joan Suitt, Recording Secretary APPROVAL OF AGENDA: Chair Bianca called for approval of the agenda. Commissioner Kahoe moved and Commissioner Hughes seconded the motion to approve the agenda as written. The agenda was approved by the Commissioners. TOWN ADMINISTRATOR’S REPORT: Candidates Night The League of Women Voters will host a Bel Air Municipal Election Candidate Forum on October 12th at Town Hall, 6:30 p.m. American Legion Post 55 An invitation was received from Post 55 to attend the commemoration of the mural of Sgt. Alfred Hilton on Saturday, October 21st at 12:00 noon. Daughters of the American Revolution 1 Sandra Wallace and Carol Thompson want to reenergize the Hays House by having demonstrations of hand sewn items that were made during the 1700- 1800’s. There is also a plan to place a plaque in the Town to honor the Revolutionary War Patriots. The Daughters of the American Revolution are willing to purchase the plaque and the Town will complete the installation. Soapbox Derby The Town Administrator reminded the Bel Air Derby is October 22nd. A Proclamation will be given for the first winner of the Derby in 1962. TENTATIVE AGENDA FOR TOWN MEETING (Monday, October 16, 2023, at 6:00 p.m. Bel Air Town Hall) Presentations: Proclamation for Economic Development Week – October 23-29, 2023 The Director of Economic Development advised a Proclamation will be presented for Economic Development Week. The Town partners with the Maryland Economic Development Association and the Proclamation will be taken to their Fall Conference in Taneytown, Maryland. Thomas P. Broumel Award The Town Administrator informed this award will be presented by the Greater Bel Air Community Foundation. Public Hearing: Ordinance No. 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. The Director of Planning advised the Ordinance was introduced to the Commissioners and the Public Hearing will be held. Unfinished Business: Ordinance No. 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 Ordinance No. 817-23 will come before the Commissioners for approval. New Business: 2 Ordinance 818-23 Amending Chapter 165. Comprehensive Plan and Development Regulations, Part 2. Zoning, Article XI. Permits and Procedures, Article XII. Appeals; Variances; Special Exceptions; Special Developments, and Table of Lot Requirements for Specific Uses The Director of Planning reviewed the following: Article XI B. Zoning Cases Added: (13) Any property under an existing written notice of code violation shall not be reviewed for any unrelated zoning request until all violations are addressed to the satisfaction of the reviewing agency. § 165-76 Preliminary plan review A. Added: and any requested supporting exhibits for Planning Commission or Zoning Administrator review. Added: written approval of concept phase A traffic impact analysis may be required based upon § 165-118D Added: for review by Zoning Administrator and Director of Public Works. B.(6) Added: The approval of a Preliminary Plan, once countersigned, is valid for two years from the date approval. A one-year extension may be granted by the reviewing authority provided all current code requirements are met. § 165-77 Final site development plan. B. Expiration of a Final Site Plan. Added: a. Once a final site plan is fully signed, the proposed development is vested if construction has been initiated in accordance with the approved plans. If no construction has taken place, the approval will expire in accordance with Section 165-76.B(6). Commissioner Etting recommends going with case law because of possible arguments. The Commissioners decided to use, accordance of Maryland State law and the approved plan. Added: b. Should an applicant wish to revise a fully signed final site plan prior to expiration for a minor change, the Zoning Administrator may allow a redline of the plan to be submitted for review and approval. Should the revision increase the limit of disturbance or increase the 3 building square footage significantly, a revised final site plan must be submitted to the Planning Commission for review. Chair Bianca asked if a percentage is needed. The Director of Planning did not want to place a percentage because of having to go back to the Planning Commission. The Director of Planning informed changes happen often because of adjustments to engineering or building requirements. Ms. Thompson questioned using “significantly” and recommended using less than 5%. The Director of Planning advised at times there is a need to go back before the Planning Commission on major issues. The Director of Planning will make changes and send to the Commissioners. § 165-84 Use and occupancy certificate Added: C. A temporary Use & Occupancy permit may be issued when the Director of Public Works and the Director of Planning and Community Development find that persistent or seasonal weather conditions or other circumstances beyond the developer’s control prevent meeting the requirements of the Building Permit or other development approval. A surety may be required to ensure compliance with the development approvals. § 165-88 Annexation Added: Property requested for annexation must be abut the Town corporate boundary. Added: B. The annexation plan may include a written agreement between the petitioner and the Town outlining proffered conditions of annexation. Once determined complete, the annexation plan Added: J. and the applicant is prohibited from submitting a substantially identical request for a period of one (1) year from the date of decision. Article XII § 165-91 Powers of Board of Appeals Added: B. Notice and Public Hearing Requirements. Added: (1) Any case requesting (a) and notice of the hearing be advertised in a local newspaper and adjoining property owners notified via mail. Added: C. Limitations, guides and standards 4 Added: (1) The application for a variance or special exception Added: (2) In deciding an appeal, special exception, variance or extension of an existing non-conforming use or structure, Added: D. Withdrawal. If an application to the Board of Appeals is withdrawn prior to the hearing and a re-submission of substantially the same application, as determined by the Zoning Administrator, is submitted within one (1) year, the submission shall be considered a revised application. Any re-submission after one year will be considered a new application adhering to all current zoning requirements. § 165-92 Variances (a) Uniqueness Added: [2] The demonstrated uniqueness of the property is the basis of the need for the variance requested or is directly related to the variance requested. (b)Practical difficulty Added: [5] The requested variance is the minimum that will afford relief and represents the least possible modification of the regulation. B. Conditions of approval Added: (1) No variance may be obtained from performance standards associated with a special exception outlined in Section 165-53 Ms. Thompson recommended adding “clear and convincing evidence.” § 165-93 Special exceptions B. Conditions of approval. Added: (1) No variance may be obtained from performance standards associated with a special exception outlined in Section 165-53. § 165-97 Adjustment of district boundaries Added: The Board of Town Commissioners may authorize adjustment of zoning district boundaries, after notice to the owners of the adjoining properties and notice published in a paper of general circulation in Bel Air 15 days prior to a public hearing, and after recommendation from the Board of Appeals based on criteria as follows: Added: B. The Board of Appeals may recommend Table of Lot Requirements for Specific Use 5 The Director of Planning reviewed: • Total lot size of Townhouse development - 60,000 square feet in R2, R3, RO, B1, B2A, B3A. Not in B-2 – Downtown District. Bel Air Police Department Patrol Vehicle Procurement The Chief of Police reported the contract for the three patrol vehicles will come before the Commissioners for approval. The cost is under budget by $1,000. Bel Air Police Department Body Worn Cameras Contract The Chief of Police advised the 5 year contract for Body Worn Cameras is running out and the Town was offered to sign early to receive a discount and credit on what is left of the current contract. An extra package is being added to include auto redaction, unlimited memory, and auto tagging. The cost of the 5 year contract is $185,763. The Director of Finance advised the credit is about $13,000 and the cost every Fiscal Year will be mid $30,000. Appointment to the Board of Appeals Commissioner Hughes advised the Board of Appeals is without an alternate member and recommends Pat Richards be appointed. Mr. Richards is a past Town Commissioner and served as a volunteer in other areas. Reappointment to the Cultural Arts Commission The Director of Economic Development informed Sandy Schlehr is being recommended for reappointment to the Cultural Arts Commission. Commissioner Kahoe notified Ms. Schlehr has been a valuable member of the Commission. Appointment to the Tree Committee Chair Bianca reported Dr. Deanna Harkins is being recommended for appointment to the Tree Committee. Dr. Harkins is involved in the nature community and will be a great addition to the Committee. STAFFING UPDATE: The Director of Administration reported: • Police Officer position is posted. • Dispatcher position has been posted. • Laborer positions are posted. 6 CALENDAR: The October, November, and December calendars were distributed. Contact Ruth Seitler with additions/corrections. The Town Administrator advised the Elderly & Needy Citizens Committee will meet October 26th, 8:30 a.m. at Town Hall. The ribbon cutting for Boards by Dana is October 12th at 2:00 p.m. The Bel Air Police Department awards will be presented October 11th at 6:00 p.m. MISCELLANEOUS: Discussion on Repealing and Replacing Bel Air Town Code Chapter 32 Code of Ethics The Director of Administration distributed questions/answers discussed with the Maryland State Ethics Commission. The Director of Administration recommends the disclosure form for selected job titles stay the same and confirmed the gift disclosures from Commissions/Board members are allowed. The revised draft was handed out. The Director of Administration is in the process of converting the on-line State forms to a paper version. Ms. Thompson, Town Attorney, recommended on page 3, Section 4C #2 be changed regarding independent counsel. Discussion on Short Term Rental Regulations The Director of Planning distributed information on Short Term Rentals and advised Havre de Grace and other jurisdictions were looked at. Possible additions: 1. Limit to the number of occupants based on Town review 2. Separation between Short Term (STR) use of 1000 feet 3. No trailers, recreational vehicles or tents permitted – outside sleeping is prohibited. 4. Limit of one owner per licensed STR (owner cannot have more than one in the Town) 5. Address of caretaker if property is not occupied 6. Requirement that owner/caretaker must be on the premises or must be available when a renter occupies the unit 7. No outdoor speakers or exterior lighting over eight feet height permitted 7  8. No change to the exterior of the structure that would not be in harmony with the neighborhood 9. Two strike policy - first strike the operator loses the use for the remainder of the license period (twelve months or less)- second strike is permanent loss of license 10.Fee $250 per twelve month period – review by Board of Appeals is in addition to the fee License Agreement Checklist Outside of Home • Outside area is clean and free of clutter • Address is clearly shown, and address numbers are a minimum of three inches • Railing is present on exterior steps with more than three risers (building code) • Sign on front door with City license number and emergency contact information • Trash cans with lids are present Inside Home (All short-term rentals) • Fire extinguishers on each floor with location clearly marked (fire code) • All doors leading to outside need to be available to be opened from the inside without using a key (knob or other method of opening must be permanently in place) • Windows in all rooms must be able to open and have working locks • Smoke detectors required on all floors (includes basement and attics) and all bedrooms (fire code) • Railing is present on interior steps with more than three risers (building code) • Posted near front door of home/unit: o Emergency contact information. Person must be available 24-hours a day and be able to be at the property within two hours of receiving a notification o Approved license Bedrooms • Smoke and carbon monoxide detectors required (fire code) • Way of alternative egress besides stairs required (fire code) • Working locks required for each bedroom • Use of basement as sleeping quarters requires fire code review 8 Commissioner Hughes agrees with using the fire and building code reference for simplicity. Commissioner Etting inquired if the Town would inspect the fire and building code. The Director of Planning informed the Town would defer to the Fire Marshal for the fire code and the building code may be deferred to the County. Commissioner Etting wanted information on the tax application. The Director of Planning advised that was added at the beginning to make sure information goes to Finance about improving the structure. The Director of Finance informed the form will go to the Assessment Office and information sent to the Town. Commissioner Etting is opposed to Short Term Rental in residential districts because of not wanting commercial activity there. Commissioner Kahoe asked for the number of occupants. The Director of Planning believes two with a child. Chair Bianca inquired about the timeline on passing this legislation. The Director of Planning informed after being introduced, a Public Hearing will be scheduled for the next Town meeting. The decision needs to be made within 60 days of introduction. The Director of Planning advised once passed, the Town will be able to see where the Airbnb Short Term Rentals are located. Commissioner Kahoe inquired about changing legislation if issues arise. The Director of Planning advised changes can be done. Commissioner Hughes stated this is a good comprehensive list and gives options for people to get creative. The Director of Planning will send a final version to the Commissioners to be discussed during the next Work Session. Memorial Grove The Director of Planning informed the designation for the new Memorial Grove will be added to the Town Board agenda. COMMISSIONER’S COMMENTS: 9 Chair Bianca inquired about the timeline of Homestead Park. The Director of Planning advised the contractor is back on pace. Commissioner Kahoe inquired about the Shops at Harford Mall. The Director of Planning believes Amazon is committed to the space and may be reassessing the way of doing grocery stores. Commissioner Etting informed the Bel Air Library is having their annual book sale: • October 12th – members only 12:00 – 7:30 p.m. • October 13th and 14th – open to public 10:00 a.m. – 4:30 p.m. • October 16th – fill a bag for $5.00 – 10:00 a.m. – 6:00 p.m. Commissions Hughes reminded the BBQ Bash is this weekend and the Downtown Alliance is looking to fill some volunteer positions. ADJOURNMENT: With no further comments, the meeting was adjourned at 6:40 p.m. APPROVED: November 6, 2023 Signature on file________________ Kevin M. Bianca, Chair Board of Town Commissioners Signature on file_______________ Michael L. Krantz, Town Clerk 10