Board of Town Commissioners

MINUTES BOARD OF COMMISSIONERS TOWN HALL MEETING December 11, 2023 The Board of Commissioners Town Hall Mee�ng was held on December 11, 2023, at 6:00 p.m. COMMISSIONERS PRESENT: Commissioner Paula S. Etting, Chair Commissioner Mary F. Chance Commissioner Steven T. Chizmar Commissioner James B. Rutledge III Commissioner Jakob D. Taylor IN ATTENDANCE: Edward Hopkins, Town Administrator Michael Krantz, Director of Administration Kevin Small, Director of Planning David Anderson, Media & Public Relations Specialist Elizabeth Thompson, Town Attorney Jane Sudbrink, Recording Secretary I. CALL TO ORDER Ms. Etting called the meeting to order at 6:00 pm. Mr. Krantz read the roll call of attendees as listed above. II. PLEDGE OF ALLEGIANCE III. APPROVAL OF AGENDA Ms. E�ng asked for a mo�on to approve the agenda. Mr. Chizmar moved to approve the agenda and Mr. Taylor seconded. Mr. Krantz asked for roll call: Ms. Chance: aye; Mr. Chizmar, aye; Ms. E�ng: aye; Mr. Rutledge: aye; Mr. Taylor: aye. All in favor. Mo�on carried. IV. PUBLIC HEARING A. Ordinance 818-23 Amending Bel Air Town Code Chapter 165. Comprehensive Plan and Development Regula�ons, Part 2. Zoning, Ar�cle II. Administra�on and Enforcement, §165-21. Annual growth report; adequacy standards, §165-21B(1)(a) and §165-21B(1)(b) Adequacy Standards (minimum acceptable level of service) and Preliminary Approval. Ms. E�ng read the above and said the ordinance will determine what percentage of school capacity is acceptable to approve development projects in town. She asked for commissioner comment. Mr. Chizmar said that he and Ms. E�ng spoke to representa�ves of Harford County Public Schools (HCPS) who gave them an understanding as to how school capacity is determined. He said condi�ons are worse than we realize. The state con�nues to issue new requirements every year, and some buildings in the county are not equipped for these requirements. The percentage capacity only includes classroom space not inclusion space. He said it was eye-opening that classroom space is just one of the problems in the schools. In answer to Ms. Chance, Mr. Chizmar said that HCPS’s solu�on to the problems includes 1 redistric�ng in 2025 or 2026. Mr. Chizmar said he would like to arrange a mee�ng with the board of educa�on next to offer support for redistric�ng. He noted the local elementary schools that are over capacity. He told Ms. Chance that he met with Cornell Brown, Missy Valen�no, and Chris Morton. Ms. E�ng opened the floor to public comment on this ordinance only. Vince McHugh, 422 E. Broadway, Bel Air, said he supports the ordinance. He cited capacity enrollment projec�ons for Bel Air Elementary and Homestead-Wakefield Elementary that showed over- capacity percentages up to year 2030. Wayne Goddard 128 N. Bond St, Bel Air, explained how 110% could mean 100 people overcrowded or 5 people overcrowded, depending on the context. He said his development will only add 3 students and should not be halted for such a small number. Mr. Goddard said growth numbers are based on a review of the comprehensive plan, which includes his project. Pu�ng a moratorium on development is discriminatory and inappropriate. He said the school system will address the overcrowding problem by redistric�ng. Mr. Goddard felt this legisla�on was highly prejudicial. Jennifer Avato, 716 Bedford Rd, Bel Air, described herself as a mother with three children in the school system. She said she fully supports the ordinance. The overcrowding experienced by her children in the schools is not fair to them or the teachers. Classrooms above capacity make it difficult for children to learn. Ms. Avato said they should build a community responsible to the people who live here, and measures can be adjusted as things move forward. Spencer Abram, E. Broadway, Bel Air, said he moved here from Chicago for the schools. In Chicago, the schools and towns were overcrowded. If we stress the classrooms, teachers’ and students’ performances will drop. He said we need to keep Bel Air small, which will help drive the town forward and help children reach their full poten�al. Joseph F. Snee Jr., 112 S. Main St, Bel Air, said this ordinance is uncons�tu�onal and cited a US Supreme Court case. He said this board cannot remedy the situa�on at the schools; only the board of educa�on can do that by rebalancing and building new schools. Mr. Snee cited percentages from the latest growth report. He said that this discussion should not be about adequacy but about underu�liza�on and building cannot be done with a moratorium. Rosemary King Johnston, 25 Beckenham Cir, Bel Air, said that she supports this ordinance. She is a re�red special educa�on teacher from Harford County. She discussed the sub-par teaching condi�ons she and others experienced. This ordinance will “make [the] school system wake up” and that it needs to do something about enrollments and large classrooms sizes. Charles Goddard, 900 E. MacPhail Rd, Bel Air, said he has lived in Harford County for 26 years. He said he likes the condominium development he currently lives in but would like to live in a facility where he can go downstairs for dinner, similar to the development project proposed on Bond St. Josh Cozall, 1106 Emerald Dr, Bel Air, said that although his address is not quite in the town, his wife’s family has lived in Bel Air and its environs for over 100 years. He said that because of overcrowding at the public schools, he decided to send his children to private school. Mr. Cozall said that HCPS recently conducted a redistric�ng at great expense. HCPS is cognizant of the overcrowding problem, he said, and 2 he speculated whether the town’s proposed developments are in HCPS’s plans. Mr. Cozall said projected numbers for development projects are not always valid. Kevin Kikola ,327 Catherine St, Bel Air, said developers always say their plans will bring more taxes to save Bel Air. He said they will also use terms like “progress,” “access,” and “growth.” They will say it is discriminatory not to approve the development. Mr. Kikola challenged the audience to come up with examples where apartments/renters improved schools and the community. He felt that renters and high- density popula�on will fundamentally transform the town. He suggested a new mission statement if these developments are passed: “People of Bel Air you will own nothing and be happy. Your kids will own nothing and be happy.” B. Ordinance 819-23 Amending Bel Air Town Code Chapter 165 Comprehensive Plan and Development Regula�ons, Part 2. Zoning, Ar�cle VII. Development and Performance Standards, § 165-52. Open space and recrea�on, § 165-52C Fee in lieu of open space and Chapter 265 Adequate Public Facili�es § 265-4D(4)(c) Ms. E�ng read the above and said this ordinance covers fee in lieu. There were no comments from the commissioners. Ms. E�ng opened the floor to public comment on this ordinance only. Wayne Goddard, 128 N. Bond St, Bel Air, said developers strive to put in landscape ameni�es, however, the uniqueness of a project and its topography can create limita�ons. Projects cannot be developed without providing the possibility of fee in lieu. Fee in lieu is a good compromise, which puts money back into the community. He referred to the planning commission and its exper�se for determining whether to have a fee in lieu. He felt this ordinance and the others are not consistent with the comprehensive plan and, most likely, will not be enforced if they are reviewed by the circuit court. Vince McHugh, 422 E. Broadway, Bel Air, said he supports elimina�ng the fee in lieu. He cited informa�on from the Maryland Department of Natural Resources Program Open Space website that discussed the importance of open space parks and how they are financially important to the government and cri�cal to the economy and community. He also cited a 2010 report on open space preserva�on to bolster these arguments that open space should not be compromised for a developer. Joseph F. Snee Jr., 112 S. Main St, Bel Air, said some sites simply cannot meet the open space requirements, like roads, wetlands, and reforesta�on areas hence the need for fee in lieu. He cited a US Supreme Court case for support. Mr. Snee said the fee in lieu has contributed to the town open space recrea�on fund, which would become insolvent if this ordinance were passed. He said the fee in lieu has also been used in the county. Developers are easy targets, Mr. Snee said, and everyone takes a shot at them. Rosemary King Johnston 259 Beckenham Cir, Bel Air, as representa�ve of the master board of residents Legacy at Gateway, read from a prepared statement. She said she supports this proposed legisla�on and the ones to follow. She men�oned the �mes she has already tes�fied both before this board and the planning commission regarding the planned development at the Harford Mall and the strain she thinks it will put on resources like schools, roads, and wastewater management. Ms. Johnston said these ordinances address her concerns. She noted that a member of the planning commission said that if a development project follows the regula�ons, the commission has no choice but to approve the project. Ms. Johnston countered that the exis�ng ordinances and regula�ons should, therefore, be 3 changed to address community needs. In that way, board members can then effec�vely consider development proposals. Sam Cirko, 600 N. Shamrock Rd, Bel Air, said this ordinance change goes a litle too far. He felt that it is a shortsighted decision that will handcuff the town from considering any small development proposal. He said he would like the fee in lieu to remain in place, par�cularly because the monies support important town projects. Mr. Cirko said the other proposed ordinances will address what is needed, but he suggested reexamining this ordinance again. Joe Thompson, 402 Hickory Ave, Bel Air, said we should thank a developer because he or she built our houses. Mr. Thompson noted how the town has built up and said there no large chunks of land le�. He found it troubling that a planning commissioner referred to the Harford Mall development plan as being presented on “a cocktail napkin.” He said the mall is empty and a Facebook campaign to save it is fruitless because no one shops there anymore and tenants are leaving. Mr. Thompson said to stop vilifying developers and that trying to develop such a property is difficult. Not all proper�es are the same, and the fee in lieu is a needed op�on. Peggy Lucas, 516 Robinson St, Bel Air, said she has spent most of her life living and working in Bel Air. She said the fee in lieu money has been directed toward important town projects. Ge�ng rid of this fee shows lack of foresight. C. Ordinance 820-23 Amending Bel Air Town Code Chapter 165. Comprehensive Plan and Development Regula�ons, Part 2. Zoning, Ar�cle III. Establishment and Regula�on of Zoning Districts, § 165-30C(4) Building setbacks and lot width, § 165-31D Density, lot area, width, height, and yard requirements, § 165-33C(4) Building setbacks and lot width, and the Table of Lot Requirements of Table 165-26 through Table 165-33. Ms. E�ng read the above and said this ordinance covers setbacks and building heights. There were no comments from the commissioners. Ms. E�ng opened the floor to public comment on this ordinance only. Vince McHugh, 422 E. Broadway, Bel Air, said he supports a maximum building height of 40 � and no more than a 3-story building. He said that aside from the parking garage and the Mary Risteau building, no other building in town goes over three stories. New buildings should be consistent with other buildings in town. New buildings should not be 55 � in height or 65 �, more than twice what is allowed. Wayne Goddard, 128 N. Bond St, Bel Air, read a quote from the 2022 comprehensive plan that said in part that the major emphasis in town will be big city vibrancy while maintaining small town charm. He said the people commen�ng tonight are not aware of the master plan and all the work and �me that went into it. He said the B3A gateway zoning was specifically designed to promote mixed-use development, residen�al on the upper floors with commercial real estate on the botom floors. Mr. Goddard said he read the plan and based on its parameters went ahead with his project. As a developer, he has a right to rely upon what is writen in the plan. Mr. Goddard also said that the planning commission is not in sync with the board of commissioners. The goal of the town is to increase density in the downtown corridor so it is essen�al to have 55-foot building height. Joseph F. Snee Jr., 112 S. Main St, Bel Air, spoke in opposi�on of this ordinance. He viewed it as a thinly veiled atempt to stop development in town. The town has no more annexa�on opportuni�es, so 4 it cannot build out, only up. Mr. Snee said this ordinance would not allow the town to maximize ver�cal growth. Mr. Snee also said that there is precedence on the books for building ver�cally in town. He felt this to be terrible legisla�on, in par�cular that it was conceived by the three new members on the board. He suggested pu�ng a brake on this legisla�on and talk to stakeholders. Joe Thompson, 402 Hickory Ave, Bel Air, was opposed to this ordinance. He said construc�on for people aged 55 and above requires elevators and this ordinance takes away the chance for developers to put in an elevator. Mr. Thompson speculated that the homes of the older genera�on will be sold to younger families and the older people will not have places to live with elevators because of this ordinance. Fran Johnson, 124 Archer St, Bel Air, said this legisla�on was introduced has�ly. She was perplexed that the commissioners were not consul�ng the planning commission or the economic development commission (ECDC), both of which contain knowledgeable people who could advise on these ordinances. Ms. Johnson said this mee�ng was not adver�sed, a condi�on the new commissioners fought against during their campaigns. Ms. Johnson said these ordinances will cause a moratorium on building, which is bad for the town. If you want residents to move to Bel Air, there should be a wide range of places for people to live. Without places to live, she warned, people will move out of the county and will not come back. These ordinances are targeted to specific development and the chance to address them was done during the last comprehensive plan. Ms. Johnson said they should follow the advice of the planning commission. Charles Goddard, 900 E. MacPhail Rd, Bel Air, said he lives in a 55 and over development but encouraged another kind of 55 and over development like the one proposed on Bond St that would have mixed use. He said it would bring a lot of money to the town and people 55 and older need a place like that to live. He asked the commissioners to reconsider the zoning. Kevin Kikola, 327 Catherine St, Bel Air, reminded the stakeholders present that they are there to represent the town and its people, not the needs of development. If a developer has put together a project based on the comprehensive plan, and the ordinances change, he suggested rethinking the plan to make it beter for the long-term development of the town. Mr. Kikola said the town is a great place to live and children have a right to live in this beau�ful place. Bart Bodt, 330 E. Broadway, Bel Air, believed that the proposed ordinances do comply with the town’s comprehensive plan. He, too, quoted, in part the sec�on that reads about a major emphasis on big city vibrancy while maintaining small town charm. He ques�oned what is meant by “vibrancy.” He men�oned people who have talked about the town’s “vibe” (Trish Heidenreich), and Craig Ward said the town is now a vibrant, beau�ful community. Mr. Bodt said he saw this vibrancy this weekend during the town’s holiday celebra�ons. Mr. Bodt pivoted to Mr. Bob Kahoe’s leter to the Patch, which stated that the only way to improve the town is by building residences. Mr. Bodt said these are mixed messages. He suggested making sure these ordinances are in alignment with the comprehensive plan and go back to the ECDC for market studies. Mr. Bodt said the town does not need apartments. Chris Street, 118 S. Main St, Bel Air, Hopkins Real Estate, said he is the chair of the ECDC. He said the ECDC was never consulted about these four ordinances. He cited the 2016 and 2022 comprehensive plans that showed where mixed-use development is needed in town. Mr. Street was disappointed that the new commissioners did not come to the ECDC for guidance and the commitee was not given the opportunity to advise. He said as chair of the ECDC, he is against these ordinances and will make a 5 mo�on at the next mee�ng to oppose them. Mr. Street asked the commissioners to table the ordinances and remove them. He said he has lived in Harford County for many years and these ordinances will set the town back. Mr. Street asked the commissioners to reconsider the ordinances and get valuable input from the proper channels. Peggy Lucas, 516 Robinson St, Bel Air, said her biggest complaint was that these ordinances were done so quickly without due diligence. She said these three commissioners ran for a par�cular purpose a�er they did not get a referendum passed. Consequently, the commissioners are now stopping all development. She said such legisla�on opposes viable projects that could add to the town’s tax base that it does not get from public buildings. Ms. Lucas said she is looking out for the town’s best interests. Bel Air used to be a quaint small town but that was before many developments, which have brought more benefits like shopping centers and grocery stores. The town must con�nue to grow, and these ordinances are strangling the ability to grow. She said this legisla�on is unconscionable. Ms. Lucas noted that many things that people were once opposed to have later proven to benefit them. Jefferey Close, 129 Briarcliff Ln, Bel Air, said he does not think these commissioners have thought through or completely studied the ordinances. He said they have no idea about the major impact the passage of these ordinances will have on the town. Various projects that are currently in process will now be unbuildable. Mr. Close said the people have been le� out of their discussions. He suggested pu�ng together a group of stakeholders—businesses and townspeople—to discuss these ordinances. Passage of this par�cular ordinance will eliminate mul�-family housing in town. Mr. Close ques�oned whether the commissioners had any idea what will happen to the town, to taxes, and to businesses. Mr. Close reminded those present of the past history of the town with the empty stores and said it is thriving now thanks to the work of previous commissioners. He cau�oned that the town will get a number of lawsuits if these ordinances go forward. Bill Kelly, 582 Ridgewood Rd, Bel Air, said his comments dovetail with what has been said. He explained that the social, economic, and financial affairs of the town are too complicated to make such monumental decisions a�er such a short period of �me. Mr. Kelly said these commissioners s�ll have much to learn about the town and they may change their minds over �me. Mr. Kelly said that 73% of the town’s revenue comes from property taxes and shared state taxes. That revenue is used to pay for services we all enjoy. He said their proposal will surely diminish this bedrock of suppor�ng taxes needed for the vitality of the town. Mr. Kelly said that he had read the town’s financial statements and noted the complexity of the town finances and its dependence on these monies. D. Ordinance 821-23 Amending Bel Air Town Code Chapter 165. Comprehensive Plan and Development Regula�ons, Part 2. Zoning, Ar�cle VII. Development and Performance Standards, § 165- 53. Performance standards and development guidelines by use and Ar�cle III. Establishment and Regula�on of Zoning Districts § 165-33. B-3A General Business Gateway District. Ms. E�ng read the above and said this ordinance covers density and the number of units per floor in a building. Mr. Chizmar said the ra�onale behind this ordinance is to design future high density dwellings similar to Hickory Hills and Country Village Apartments with the same construc�on and open space. He said they looked at these dwellings 2 to 3 months ago. Ms. E�ng opened the floor to public comment on this ordinance only. Vince McHugh, 422 E. Broadway, Bel Air, listed facts that are per�nent for all four ordinances. Developers are saying that in order for Bel Air to thrive, the town needs more apartments. Mr. McHugh 6 compared Bel Air to Aberdeen and Havre de Grace and determined that Bel Air has a higher popula�on density, 40%, than the other two municipali�es. Consequently, Bel Air does not need more high-density development. Mr. McHugh also said that Bel Air has a significantly lower owner-occupied housing rate at 59.6%. He concluded that the data showed that Bel Air does not need more apartments, rather it needs more owner-occupied housing. Wayne Goddard, 128 N. Bond St, Bel Air, said Mr. Bodt asked about an economic study released in 2023. Mr. Goddard produced that document and its informa�on, which stated that the proposed new development on Bond St will bring new investment. Mr. Goddard said the Bond St development was referenced in the comprehensive plan. Mr. Goddard said that he carefully and righ�ully relied upon these documents to design his project. He said that a project less than 10,000 sf is not affordable. This ordinance is intended to reduce density and thereby will “gut” B3A zoning. Mr. Goddard said that before this ordinance is passed, a fair housing assessment should be conducted by the department of planning. He said all this new legisla�on is contrary to fair housing. Bradley Stover, 124 N. Main St, 128 Wishing Well Ct, Bel Air, said that he is the counsel behind three of the development projects that are the target of these ordinances. Mr. Stover said that businesses and developers are not the enemy, rather they create a tax base and ameni�es. Renters are also not the enemy. With interest rates so high and housing inventory so low, we need to atract a younger genera�on to Bel Air. These four ordinances send a bad message to the business community, the development community, and the younger genera�on. Mr. Stover said he is looking forward to reviewing the planning commission’s recommenda�ons. Joseph F. Snee Jr., 112 S. Main St, Bel Air, said this is an an�-mul�-family bill, an an�-Harford Mall bill, and an an�-Klein’s bill. Mr. Snee discussed the latest census data report that shows high mortgage rates. He noted that Aberdeen and Havre de Grace have lower density popula�ons because of annexa�ons (which he and Mr. Stover worked on). Mr. Snee said that using these new regula�ons, the town would not have been able to build and remodel the old board of educa�on building. He also explained the reasoning behind the layout of the County Village Apartments. Mr. Snee said these four pieces of legisla�on are a rush to judgement and it would be wise to rethink, slow down, and work with stakeholders, businesses, and developers who will educate the commissioners on the impact of their ac�ons. Otherwise, Mr. Snee warned, lawsuits are coming. Peggy Lucas, 516 Robinson St, Bel Air, echoed what was just said and said Country Village Apartments were built on a large tract of land so their construc�on was reasonable. With the small footprints remaining in town, such construc�on is not reasonable. Bill Kelly, 582 Ridgewood Rd, Bel Air, returned to further discuss the town audit document. He suggested to refer to it for guidance so as to demonstrate how dependent the town is on all sources of revenue. To con�nue on a favorable path forward, the town should not reduce growth, but should grow intelligently with solid planning and decision-making. Mr. Kelly was against harsh growth restric�on and said we need more �me to study, analyze, and gather more ci�zen input. Ms. E�ng closed the public comment por�on of the mee�ng. 7 V. UNFINISHED BUSINESS Mr. Taylor thanked everyone for their comments and appreciated the robust public debate because it showed people care about their community. Mr. Taylor said his vision of a small thriving town must be preserved. He believed in growth but not growth that will endanger children. He said we the owe the people sound public policy and more review and debate. Mr. Taylor moved that unfinished business items A, B, C, D, all four ordinances, be laid on the table. Ms. Chance seconded the mo�on. She added that it is obvious to her that more work needs to be done. She said these ordinances came before the commission right a�er the new members took their oaths of office. Ms. Chance said she was not part of any discussion prior to their swearing in. She is disappointed in these ac�ons and urged the public to con�nue to come forward for debate. Ms. Chance was appalled that no one discussed these ordinances with the ECDC and a few mee�ngs with public comment is not enough. She also said the board of educa�on has been aware of the overcrowding “forever.” The town’s growth should not be held back because the board of educa�on is unable to resolve this issue. Mr. Chizmar said he also supports the postponement. He countered that he is not using the town’s children as pawns to provoke the board of educa�on into ac�on. Mr. Chizmar said the only thing we are doing right now is sa�sfying developer’s pockets. He claimed that not one developer tonight addressed the children. He invited them to be part of the solu�on and mi�gate the impacts, not exacerbate the situa�on by con�nuing to develop. Mr. Chizmar said if the town con�nues to develop when we already have overcrowded public schools, that is not smart planning. He said he would like more debate on the subject and input from the ECDC and the planning commission. Ms. E�ng said it is clear more work needs to be done. These legisla�on changes began on November 20, 2023, and the commissioners received public comment at a prior mee�ng. She said they will schedule another mee�ng for public input and commissioners are available via email and telephone. Ms. E�ng asked for a vote. Mr. Krantz called the roll, as follows: “This will be a vote to lay all four ordinances—Ordinance 818-23, Ordinance 819-23, Ordinance 820-23, and Ordinance 821-23—on the table for further considera�on.” Mr. Rutledge: abstains; Mr. Chizmar: aye; Mr. Taylor: aye; Ms. Chance: aye; Ms. E�ng: aye. Mo�on passes 4-0. One absten�on. VI. PUBLIC COMMENTS No public comment on these maters or any addi�onal maters. VII. COMMISSIONER’S COMMENTS Mr. Rutledge explained his absten�on was on those zoning maters that had come up for vote that evening. Further, this absten�on is pending a Board of Ethics ruling. He said he agreed to abstain from vo�ng on zoning maters because he signed the contested referendum and he gave a $200 dona�on to the legal proceedings of this referendum. The circuit court allowed his signature to be counted. It has been suggested that he is disqualified to vote on the zoning maters, and Mr. Rutledge disagreed. He welcomed the opportunity to argue his case. Mr. Chizmar said he was part of the group who contested the comprehensive zoning on E. Broadway and E. Gordon St. A�er the elec�on and prior to his swearing in, Mr. Chizmar said that he would recuse himself from discussions of that suit. Mr. Chizmar said last week’s closed session covered this topic and it was determined that he would make this announcement at a public mee�ng, which he decided to do 8 this evening. Mr. Taylor encouraged everyone to con�nue to be engaged and that discourse is the bedrock of the republic. VIII. ADJOURNMENT The mee�ng adjourned at 7:49 pm. APPROVED: December 18, 2023 Signature on file____________ Paula S. E�ng, Chair Board of Town Commissioners Signature on file_______________ Michael L. Krantz, Town Clerk 9