Board of Town Commissioners

MINUTES BOARD OF TOWN COMMISSIONERS October 16, 2023 The regular meeting of the Board of Town Commissioners was called to order on Monday, October 16, 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 Donna L. Kahoe ABSENT: Commissioner Erin S. Hughes STAFF PRESENT: David Hughes, Deputy Chief of Police Stephen Kline, Director of Public 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: Edward Hopkins, Town Administrator Michael Krantz, Director of Administration Lisa Moody, Director of Finance Charles Moore, Chief of Police APPROVAL OF AGENDA: Commissioner Kahoe moved and Commissioner Etting seconded the motion to approve the Agenda as written. Commissioner Chance moved and Commissioner Kahoe seconded the motion to delete New Business item (a) Ordinance 818-23 from the agenda, at the request of Mr. Small, Director of Planning. Ayes: Commissioners Chance, Etting, Kahoe and Bianca Absent: Commissioner Hughes Nays: None The motion carried. 1 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 September 26, 2023 and October 2, 2023 be approved as submitted. Ayes: Commissioners Chance, Etting, Kahoe and Bianca Absent: Commissioner Hughes Nays: None The motion carried. PRESENTATION: Proclamation for Economic Development Week (October 23 – 29, 2023) Chair Bianca advised the Town of Bel Air Office of Economic Development is an active member of the Maryland Economic Development Association (MEDA). The economic growth and stability of the State affects all regions and jurisdictions of Maryland and the Town of Bel Air is an important component of the State’s economic success and will continue to contribute to its success by working in partnership with local, state and regional partners. On behalf of the Bel Air Board of Town Commissioners, Chair Bianca proclaimed the week of October 23 – 29, 2023 as Economic Development Week. Thomas P. Broumel Award Commissioner Chance invited the members of the Greater Bel Air Community Foundation to the podium to assist in the presentation. Commissioner Chance notified in 2016 the Greater Bel Air Community Foundation decided to honor individuals who give above and beyond to serve the community as Tom Broumel did in his lifetime. Commissioner Chance advised this award is given annually to a member of the community who exemplifies the enduring commitment and service to make it a better place to live, work and play. Mr. Broumel served the community in many outstanding ways ranging from Chief of Police for the Town, serving on the Planning Commission, and a member of the Bel Air Volunteer Fire Department just to name a few. Commissioner Chance advised the Greater Bel Air Community Foundation would like to honor another member of this community. This person has served the Town of Bel Air for more than 40 years. • Historic Preservation Commission for 30 years • Committee to develop the Bel Air Record Armory • Serves on the Cultural Arts Commission • Bel Air Downtown Alliance Design Committee 2  • Appearance and Beautification Committee Commissioner Chance asked everyone to please join us in celebrating Margaret “Peg” Lucas. Ms. Lucas’ name will be placed on a plaque displayed at Town Hall in recognition of her many years of service to the Town of Bel Air. Peg Lucas advised of being overwhelmed and thanked the Greater Bel Air Community Foundation for the wonderful honor. PUBLIC HEARING: 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 Mr. Small, Director of Planning notified in 2022, Bel Air adopted an updated Comprehensive Plan which called for several new initiatives and adjustments to Town Development Regulations. The descriptions of the changes are available to the public through digital media. 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 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. 3 • 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. Chair Bianca called for public comments. There were none. Chair Bianca called for Commissioner comments. As there were no comments, Chair Bianca closed the public hearing. 4 UNFINISHED BUSINESS: 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 Commissioner Chance 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 approved by the Bel Air Board of Town Commissioners. Ayes: Commissioners Chance, Etting, Kahoe and Bianca Absent: Commissioner Hughes Nays: None The motion carried. PUBLIC COMMENTS ON NEW BUSINESS ITEMS: Craig Ward, 310 Greenway, Bel Air, Md. congratulated Peg Lucas and advised she is an asset to the Town. Mr. Ward wanted to speak on Patrick Richards who is being recommended as an alternate to the Board of Appeals. Mr. Ward advised Pat has been an asset to the Town in whatever capacity he filled and we need leaders like Mr. Richards. Mr. Ward asked what is the vision for a better future for our Town and citizens? Mr. Ward advised Pat Richards has been part of the hard work and tough decisions that made the Town better than years ago. Mr. Ward advised in the early 70’s the Town was a ghost town, now it is a vibrant and beautiful community with shops, restaurants, businesses and feet on the streets. This took vision, leadership, courage and commitment from many dedicated people over the years. Mr. Ward stated Pat knows this and participated in the process. Mr. Ward asked the Commissioners to support Patrick Richards as an alternate to the Board of Appeals. Bill Kelly, 582 Ridgewood Road, Bel Air, Md., advised of knowing the education and background of Pat Richards and the Town cannot get a better person for this position on the Board of Appeals. Mr. Kelly advised Pat Richards will make decisions that will benefit all homeowners in the Town. Mr. Kelly stated he and his wife Lois support Pat Richards in becoming a member of the Board of Appeals. Peg Lucas, 516 Robinson Street, Bel Air, Md., stated we need talent in positions in our Town and Pat Richards brings that. Ms. Lucas advised Pat Richards has great knowledge and urged the Commissioners to approve him for the Board of Appeals. Bill Cox, 25 Ridgewood Road, has known Patrick Richards for a long time and supports him in becoming a member of the Board of Appeals. As a former elected official, Mr. Cox stated it is important to commit yourself to helping the Town and citizens. Mr. Cox supports Pat Richards as a member of the Board of Appeals. 5 Bart Bodt, 330 E. Broadway, Bel Air, Md., is concerned that appointments are being considered by the Town Commissioners when a new Board will be seated in a few weeks. Mr. Bodt notified during a Work Session; Commissioner Hughes advised the position was an alternate position vacant all summer. Mr. Bodt assumes it was not important to fill. Mr. Bodt also informed Commissioner Hughes approached Pat Richards; he did not volunteer. Mr. Bodt has concern that no one knew about the position because the Town never advertised it on the website. Mr. Bodt stated the Town Administration is keeping a clique of people recycling through positions and not allowing new blood to come into Town. Mr. Bodt stated during Commissioner Hughes campaign promise, she hoped that people better understood how local government functions and residents take the opportunities to get involved and become active members of the community. Mr. Bodt advised this is the perfect opportunity where the Town Administration could have advertised, received resumes and looked at who was qualified to fill the position. Mr. Bodt feels this is a backdoor deal and others should have been considered. Mr. Bodt recommended all appointments be postponed until the new Board is elected. Mr. Bodt stated if the Commissioners vote to delay the appointment, he will be refreshed that you care about the citizens. If you vote to move forward, then that will galvanize to me the Commissioners are not really interested in new citizens getting involved. NEW BUSINESS: Resolution 1214-23 Designating a Portion of Rockfield Park as a Memorial Grove Commissioner Kahoe moved and Commissioner Etting seconded the motion that Resolution No. 1214-23, designation of a portion of Rockfield Park as a Memorial Grove be approved by the Bel Air Board of Town Commissioners. Chair Bianca stated this is a great location for another Memorial Grove and will look lovely. Ayes: Commissioners Chance, Etting, Kahoe and Bianca Absent: Commissioner Hughes Nays: None The motion carried. Purchase of Three (3) Police Interceptors Commissioner Etting moved and Commissioner Chance seconded the motion that the bid from Apple Ford Lincoln Inc. for the purchase of three (3) 2024 Ford AWD SUV police interceptors, in the amount of $144,489.48, be accepted by the Bel Air Board of Commissioners. Ayes: Commissioners Chance, Etting, Kahoe and Bianca Absent: Commissioner Hughes 6 Nays: None The motion carried. Renewal of Axon Body Camera System Contract Commissioner Etting moved and Commissioner Chance seconded the motion that the quote from Axon Enterprises, Inc. for the renewal of the Axon body-worn camera contract and the associated accessory package that accompanies the system, for a total cost over a 5-year period OF $185,763.37, be accepted by the Bel Air Board of Commissioners. Ayes: Commissioners Chance, Etting, Kahoe and Bianca Absent: Commissioner Hughes Nays: None The motion carried. Appointment to Board of Appeals Patrick T. Richards Commissioner Chance moved and Commissioner Kahoe seconded the motion that the appointment of Patrick T. Richards to the Bel Air Board of Appeals for a term of three (3) years, effective immediately, be approved by the Bel Air Board of Town Commissioners. Commissioner Etting asked for clarification that Mr. Richards is being proposed as an Alternate to the Board of Appeals. Chair Bianca concurred. Commissioner Etting moved that the motion be amended to read the designation of Patrick T. Richards as an Alternate to the Bel Air Board of Appeals, effective immediately, be approved by the Bel Air Board of Town Commissioners. Commissioner Etting notified Alternates are designated and do not serve a term. Chair Bianca called for a second. There was no second on the amended motion and Chair Bianca advised the original motion stands. Chair Bianca called for comments on the original motion. Commissioner Etting advised there is no authority to appoint an Alternate and it carries no term. Chair Bianca called on Elizabeth Thompson, Town Attorney, for an opinion. Ms. Thompson requested time to read the information just given. Chair Bianca advised the Commissioners will move forward with other appointments and get back to this item. Ms. Thompson advised after reviewing the Land Use Article Section 4-302, this provides that the Board of Appeals consists of at least three members. The members of the Board of Appeals shall be appointed by the local and executive and confirmed by the legislative body. Under the Town Code, the Board of Town 7 Commissioners makes these appointments. The term of office for a member of the Board of Appeals is three years. Ms. Thompson notified § F Section 4-302, states the legislative body shall designate one or more alternate members for the Board of Appeals who may sit on the Board when another member of the Board is absent or recused. Ms. Thompson stated this indicates that the Board of Town Commissioners may only designate an Alternative who may sit on the Board when another member of the Board is absent or recused. Ms. Thompson further advised Section 165-12 of the Town of Bel Air Code states the Board of Appeals as established by the Bel Air Town Code consists of five Town citizens and one Alternate appointed by the Board of Town Commissioners for a term of three years. Ms. Thompson advised it seems the Land Use Article of the Annotated Code of Maryland would supersede any conflicting language in the Town Code. Ms. Thompson advised if the Board of Town Commissioners wanted to designate Mr. Richards as an Alternate to the Board of Appeals, it could do so but does not provide for a term under the Land Use Article. Ms. Thompson stated the Town Code does say that an Alternate can serve on the Board of Appeals for a term of three years. Ms. Thompson informed her legal opinion is that the Land Use Article controls but the Board of Town Commissioners has an alternate say on which motion is accepted. Chair Bianca wanted clarification on designating vs appointing an Alternate. Ms. Thompson advised there is not much distinction and the difference between does not have much of a legal significance. You are placing that person on the Board in a particular capacity whether as a member or alternate. Ms. Thompson feels it is more interchangeable, the term designates vs appointed. The key is whether or not the Board of Commissioners wishes to provide a term of service for an Alternate member. Commissioner Etting feels it is better to leave it designate because it does not carry a term and the Land Use Article is appointed and three years. Designate has no term. Chair Bianca called for a motion for the designation of Patrick Richards. Commissioner Etting moved and Commissioner Chance seconded the motion that the designation of Patrick T. Richards as an Alternate to the Bel Air Board of Appeals, effectively immediately, be approved by the Bel Air Board of Town Commissioners. Commissioner Etting has concern with being close to an election and having heard that Commissioner Hughes picked Mr. Richards as her candidate for the Board of Appeals without being an open process. Commissioner Etting has never seen an application/resume and feels this needs to wait until after election for more of a process. 8 Chair Bianca notified of knowing Pat Richards four years, served with him two years and cannot think of a better candidate to serve on the Board of Appeals even as an Alternate. Mr. Richards is in the Real Estate sector, knows the Town’s Code, the Comprehensive Plan, and served on the Planning Commission for many years. Mr. Richards has given his life to the Town of Bel Air and Chair Bianca is proud to vote for him. Ms. Thompson informed the last appointment to the Board of Appeal was Charmian Hess as an actual member and the same process was followed. Commissioner Hughes presented Ms. Hess as a candidate and was elected in the same fashion as Mr. Richards. Commissioner Kahoe notified since being on the Board of Commissioners, she was told Commissioners were tasked with filling vacancies on Commissions that we sit on as liaisons. Commissioner Kahoe advised of never seeing an application. Commissioner Etting advised seeing an application/resume on Ms. Hess prior to the vote. Commissioner Chance feels we are trying to stop something that should not necessarily be stopped. Commissioner Chance advised when Commissioners are sitting as a liaison on Boards, they are aware of the need and people who are interested. Commissioner Chance is not liking the tone of what is happening here. Chair Bianca mentioned Mr. Bodt commenting on cliques and tonight he is sitting here with Mr. Chizmar and friends. Chair Bianca stated your assertion that Town government has ceased to function because your friends may get elected next month, is politics at its worst. Chair Bianca stated the Commissioners still have a job to do and if Pat Richards and his wealth of knowledge can help this Town that is what we need to do. Chair Bianca advised this has gotten off the rails tonight. Commissioner Chance agreed. Ayes: Commissioners Chance, Kahoe and Bianca Absent: Commissioner Hughes Nays: Commissioner Etting The motion carried. Cultural Arts Commission Reappointment Commissioner Kahoe moved and Commissioner Etting seconded the motion that the reappointment of Sandra Schlehr to the Bel Air Cultural Arts Commission for a term of three (3) years, effective immediately, be approved by the Bel Air Board of Town Commissioners. Angela Robertson, Director of Economic Development, informed Sandy Schlehr has been a valuable member of the Cultural Arts Commission during her prior term. Ms. Schlehr is an artist and cares deeply about the future of the Town of Bel Air. 9 Commissioner Kahoe advised Ms. Schlehr is very knowledgeable about art and a wonderful resource for the Commission. Commissioner Etting informed Ms. Schlehr is the artist for the Town’s heart and it will be returning after being refurbished. Commissioner Chance stated Ms. Schlehr has given a lot of time, energy and her expertise is valuable to the Commission. Ayes: Commissioners Chance, Etting, Kahoe and Bianca Absent: Commissioner Hughes Nays: None The motion carried. Tree Committee Appointment Commissioner Kahoe moved and Commissioner Etting seconded the motion that the appointment of Deanna Harkins to the Bel Air Tree Committee for a term of three (3) years, effective immediately, be approved by the Bel Air Board of Town Commissioners. Chair Bianca notified Dr. Deanna Harkins is a medical doctor, has a master’s in public health, worked at APG, involved in the Harford County Climate Club and will be a wonderful addition to the Tree Committee. Ayes: Commissioners Chance, Etting, Kahoe and Bianca Absent: Commissioner Hughes Nays: None The motion carried. PUBLIC ANNOUNCEMENTS: Chair Bianca notified: • LASOS Haunts and History Tours of downtown Bel Air – October 20th and 21st – tickets can be purchased on-line. • Bel Air Lions Club Town Derby – Sunday, October 21st, the event is free. • Susquehanna Symphony Orchestra – concert on Saturday October 21st, 7:30 p.m. at Bel Air High School. Tickets are available on-line. PUBLIC COMMENTS: Steve Chizmar, 321 E. Broadway, Bel Air, Md., takes offense of the last comment that was so unprofessional and is glad Chair Bianca is not running. Mr. Chizmar stated this has been a clique of people who do not listen to voters about what they want. The Commissioners decided what you want, implement it and stuff it down our throats. Mr. Chizmar advised he comes to the Town to talk professionally 10 about what could make the Town better and I get ignored. Mr. Chizmar stated you attack me tonight saying I am with a clique, then what the hell is this clique here. Chair Bianca asked Mr. Chizmar to watch his language and be professional. Mr. Chizmar stated why because you are not being professional. Darlene Payne, 531 Cressy Road, Bel Air, Md., thanked the Commissioners for their efforts on Short Term Rentals. Ms. Payne has been a Host for two years, explained the requirements and advised registered guests are covered under insurance through Airbnb. Ms. Payne stated the Town of Bel Air has no place to stay and people are looking for a place when visiting parents, grandchildren and attending events. Katherine Brown, 800 Jackson Boulevard, Bel Air, Md. informed of not being able to hear and was disappointed that it was a big issue. Ms. Brown wondered how people are picked for positions and would like to be involved. Ms. Brown inquired how to go about letting the Town know of her interest. Commissioner Chance asked Ms. Brown if she has expressed an interest to the Town in serving. Ms. Brown informed of never seeing anything advertised. Commissioner Chance advised the Town would like to hear from you or anyone interested in serving. Chair Bianca apologized about the microphones. Tom Payne, 531 Cressy Road, Bel Air, Md. came to the meeting to discuss the Short Term Rentals in the Town. The legislation has been discussed in a public meeting and a number of Work Sessions but does not seem to get resolved. Mr. Payne encouraged the Board to look at the policy and bring it to a public vote for resolution. Mr. Payne advised Mr. Small and Commissioner Hughes have done a great job in drafting an Ordinance that is comprehensive, viable, and fair with restrictions that can be enforced. Peg Lucas, 516 Robinson Street, Bel Air, Md. advised she has been involved in the Town because she has been asked. Ms. Lucas enjoys serving and being a part of the process. Ms. Lucas encouraged those who want to get involved to look on the website for a list of the many Commissions and Committees to pursue. Bill Kelly advised of living on Ridgewood Road in Bel Air, Md. for many years and did not realize an Airbnb was in the neighborhood. Mr. Kelly stated many situations can be different and we have a lovely neighborhood where the Payne’s maintain that. COMMISSIONER’S COMMENTS AND LIAISON REPORTS: Commissioner Etting attended the Maryland Municipal League (MML) meeting and sat on a session concerning the Maryland Family Act – Maryland Paid Family Medical Leave. Commissioner Etting informed 18 out of 24 counties are participating in the collaborative program that MML elected. The State of Maryland set their price point at 0.9% and can be split 50-50 with employees. The jurisdictions can elect to pay all, some or none of the 50%. If the Town goes with an insurance or private company, we can still split with employee but employee contributions are 11 capped at 0.45%. Commissioner Etting heard this is to be primary for things covered equivalent to a Federal FMLA but at the State level. Commissioner Etting informed employees do not have to use their own sick leave but apply for benefits from the State. Commissioner Etting also informed it depends on where you are on the pay scale as to how much of your lost wages will be replaced. Employers will have to decide to allow employees use their own leave to fill the gap if there is one. Commissioner Etting stated there are a lot of details that need to be looked at and wants to know the costs if going with an insurance company. Commissioner Chance attended the Police Department Award Ceremony along with Commissioner Etting and Commissioner Hughes. The event was phenomenal and heard things our Police Officers are doing in Town that one never hears. Commissioner Chance advised the Town has every reason to be proud and to give gratitude for what is being done. ADJOURNMENT: The meeting was adjourned at 7:06 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 12