Board of Town Commissioners

MINUTES BOARD OF COMMISSIONERS TOWN HALL MEETING JANUARY 16, 2024 The Board of Commissioners Town Hall Mee�ng was held on January 16, 2024, at 6:00 pm. 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 Stephen Kline, Director of Public Works Michael Krantz, Director of HR & Administration Lisa Moody, Director of Finance Charles Moore, Chief of Police Angela Robertson, Director of Economic Development David Anderson, Media & Public Relations Specialist Jane Sudbrink, Recording Secretary ABSENT: Kevin Small, Director of Planning Elizabeth Thompson, Town Counsel I. CALL TO ORDER Chair 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 Mr. Hopkins asked that items XI. E. and F. be removed because Mr. Small was not at the mee�ng due to illness. Commissioner Taylor mo�oned to approve the agenda as amended. Commissioner Chizmar seconded the mo�on. Mr. Krantz asked for roll call: Commissioner Rutledge: aye; Commissioner Chizmar: aye; Commissioner Taylor: aye; Commissioner Chance: aye; Chair E�ng: aye. All in favor. Mo�on carried. IV. APPROVAL OF MINUTES Commissioner Chizmar read the following into the record: “I move that the minutes of the Board of Commissioners’ mee�ngs held on December 12, 2023, and December 18, 2023, be approved as submited, including minutes from the following mee�ngs: December 12, 2023, Commissioners Work Session Open Mee�ng; December 12, 2023, Commissioners Work Session Closed Mee�ng; and December 18, 2023, Commissioners Town Hall Mee�ng.” Commissioner Chance seconded the mo�on. Mr. Krantz asked for roll call. Ayes: Commissioners Rutledge, Chizmar, Taylor, Chance, E�ng. Nays: None. Mo�on carried 5-0. 1 V. TOWN ADMINISTRATOR’S REPORT Mr. Hopkins said Mr. Small and Ms. Thompson were absent for tonight’s mee�ng due to illness. The camera operator was also out due to an urgent family mater. VI. PRESENTATIONS A. Cer�ficate of Apprecia�on for Christmas Train Garden Chair E�ng and Ms. Robertson recognized Joseph Bragg III and his team via a presenta�on and cer�ficate for their Christmas train garden that atracted 12,000 visitors to the town over the holiday season. B. Cer�ficate of Apprecia�on for Winter Wonderland Chair E�ng recognized Pa� Parker and her team for their efforts in pu�ng on the Winter Wonderland in the town for the fi�h year. Ms. Parker spoke and thanked Erin Hughes, James Fitzsimmons, Donna Dickie, and other volunteers, as well as the local businesses for their efforts and contribu�ons toward this event. Commissioner Chance added her gra�tude and stressed the need for community involvement to allow this event to con�nue. VII. Public Hearing 1. Ordinance 822-23 Repealing and Replacing Bel Air Town Code Chapter 43 Code of Ethics Mr. Krantz provided background on this ordinance. He said this ordinance was originally received by the board on December 18, 2023. He referenced state code sec�on 1-1409 that requires local government en��es to adopt a code of ethics. The Town last amended its code in December 2018. In 2021, Maryland House bills were passed that made modifica�ons to the state of Maryland ethics laws which, in turn, requires local governments to make the same changes. Ordinance 822-23 now aligns the Town’s code with the state’s code. In addi�on, Ms. Thompson has recommended an addi�onal amendment. Mr. Krantz read it into the record, as follows: “The board shall be empowered to issue subpoenas in furtherance of the board’s inves�ga�ve and adjudicatory func�ons set forth herein. All requests for subpoenas must be made in wri�ng to the Town Atorney and Town Clerk and be signed by the chairperson. Service of subpoenas shall be conducted pursuant to the Maryland rules and all costs associated with service of, enforcement of, or defense of any subpoena shall be borne by the requestor.” Mr. Krantz asked that this amendment be included in the Town’s revised code of ethics. He said the state ethics board will review the Town’s submission on February 1, 2024, and, if accepted, it will go back to the Board of Commissioners for a formal review and vote on February 5, 2024. Chair E�ng said that the county’s board of ethics has subpoena power and asked about other local jurisdic�ons. Mr. Krantz said he will research this ques�on and added that the Town’s Board of Ethics is also in favor of this amendment. Commissioner Chizmar inquired about the substance of the subpoena power and its limita�ons. Mr. Krantz replied that Ms. Thompson should be able to address these ques�ons but noted that the subpoena would be issued by the Board of Ethics. Mr. Krantz explained the procedure that would occur 2 during a hearing of the Board of Ethics. Chair E�ng clarified that anyone could be subpoenaed on either side albeit with jus�fica�on for the subpoena. Commissioner Rutledge expressed two concerns over the amendment. First, if a person is served and thinks it is abusive, this person can make a mo�on to quash it before the adjudicatory body. He said this amendment does not lay out procedures and rules for reviewing subpoenas and determina�on of whether said subpoenas should be quashed. He did not think a request for a subpoena should have to go before the whole board. His second concern related to the por�on that said, “all costs associated with service of, enforcement of, or defense of any subpoena shall be borne by the requestor.” Commissioner Rutledge said this por�on rehashes the debate about whether atorney’s fees are really costs or not, and he wanted to avoid this quagmire. Commissioner Rutledge reiterated he was not opposed to gran�ng subpoena power. Chair E�ng appreciated Commissioner Rutledge’s points but they could not be addressed without Ms. Thompson’s input. Commissioner Rutledge felt further discussion was warranted. Commissioner Taylor asked Mr. Krantz about the substance of what the state board of ethics will review. Mr. Krantz replied that it will review the Town’s revised code of ethics as writen and has not received the amendment for subpoena power yet. Mr. Krantz said if there is no mo�on this evening or if the amendment fails, the code of ethics with s�ll go forward as writen. If the amendment is added later, it will go back to the state board of ethics for approval at another �me. Mr. Krantz also told Commissioner Rutledge that the state’s revamped ethics code did not mandate the gran�ng of subpoena power to local boards, rather it was recommended by the Town Atorney. There was no public comment on this ordinance. The board did not mo�on to amend ordinance 822- 23 and the public hearing closed. VIII. NEW BUSINESS A. Resolu�on 1218-24 Amending Civilian Pension Plan Language in Ar�cle II Eligibility, Ves�ng, and Benefit Service Sec�on 2.05 Benefit Service Mr. Krantz provided background on this resolu�on. The Board of Trustees for the Town of Bel Air Civilian Employees Pension Plan met on November 29, 2023, and voted to amend the language for clarifica�on purposes. The actuary performed a full historic review of pension benefits to make sure they aligned with the administra�ve intent of the pension plan. Mr. Krantz explained the defini�on of “plan year” (at least 1,000 hours worked) and said the actuary discovered discrepancies when a par�cipant worked for a par�al plan year in that the par�cipant received credit for months worked rather than the full year of benefit service. As such, past miscalcula�ons were remedied and language has been added to the plan for clarifica�on purposes. Mr. Krantz said staff recommends this resolu�on be accepted for reasons of historic accuracy and clarity. Chair E�ng referred to page 2 of the resolu�on. Mr. Krantz said the new language being added was in bold type (“between July 1 and June 30 regardless of when the par�cipant became eligible to par�cipate in the plan and/or when the par�cipant terminated employment”). Mr. Krantz said that previously the actuary was giving a pro-rated credit of service and not taking into account the par�cipant working over a thousand hours. This change should eliminate any misunderstandings of the language and should rec�fy the issue. 3  Chair E�ng asked whether page 3, (b), last paragraph should remain. Mr. Krantz said if a par�cipant works less than a thousand hours it would s�ll be prorated. He said the trustees did pass and adopt these changes. Chair E�ng reiterated that she was concerned with the conflict of informa�on between the new language adopted and the credit of service worked in the last paragraph on page 3. Mr. Krantz said he would discuss this with the board of trustees. Commissioner Rutledge asked if there could be a clear defini�on in the document that “plan year” refers to the Town’s fiscal year only. Mr. Krantz advised that it is well-defined in the defini�on sec�on in the plan document. He said he would note that for the next trustees’ mee�ng to review the plan document’s defini�on of “year.” 1. Public Comment There was no public comment. Commissioner Rutledge moved that Resolu�on No. 1218-24 accep�ng the amended Town of Bel Air Maryland Civilian Pension Plan language for Ar�cle II Eligibility, Ves�ng, and Benefit Service Sec�on 2.05 be accepted by the Board of Town Commissioners. Commissioner Taylor second the mo�on. Mr. Krantz asked for roll call. Ayes: Commissioners Rutledge, Chizmar, Taylor, Chance, E�ng. Nays: None. Mo�on carried 5-0. B. Resolu�on 1219-24 Amending Sworn Officers Pension Plan Language in Ar�cle II Eligibility, Ves�ng, and Benefit Service Sec�on 2.05 Benefit Service Mr. Krantz said this resolu�on addresses the same issues as presented in Resolu�on No. 1218-24. He said the same points that Chair E�ng brought up will also be addressed in the next mee�ng of the sworn officers. 1. Public Comment There was no public comment. Commissioner Taylor moved that Resolu�on No. 1219-24 accep�ng the amended Town of Bel Air Maryland Sworn Officers Pension Plan language for Ar�cle II Eligibility, Ves�ng, and Benefit Service Sec�on 2.05 be accepted by the Board of Town Commissioners. Commissioner Rutledge second the mo�on. Mr. Krantz asked for roll call. Ayes: Commissioners Rutledge, Chizmar, Taylor, Chance, E�ng. Nays: None. Mo�on carried 5-0. IX. STAFFING UPDATE Mr. Krantz announced that there is an open labor job in the public works department. He said there is also a part-�me procurement officer job opening. In answer to Commissioner Chizmar, Mr. Krantz said these posi�ons have been announced, are on the website, and adver�sed on indeed.com. The Town is s�ll accep�ng applica�ons. 4 X. CALENDAR A. Discuss Board of Town Commissioners Mee�ng Frequency and Time Chair E�ng noted that the Town charter only specifies that the commissioners should meet at least once a month. She said that prior to Town Hall construc�on, the board met at 7:30 pm. She would like to go back to that �me or to 7:00 pm to accommodate the public. She considered moving all mee�ngs to Tuesdays, but that would conflict with the Board of Appeals. She also expressed interest in confirming exact mee�ng �mes and dates for the summer in order to plan vaca�ons. Commissioners discussed various mee�ng �mes and days. Commissioner Chance expressed concerns for the burden a later �me may place on Town staff, par�cularly in terms of comp �me, which is finite. Mr. Hopkins said staff is amenable to using comp �me and understands that these mee�ngs are for the public. Commissioner Taylor suggested keeping work sessions at 5:15 pm and moving Town Hall mee�ngs to 7 pm. Chair E�ng pointed out that not all department heads are necessarily needed for every mee�ng. Mr. Hopkins said department chairs may be needed when ci�zenry present various issues at mee�ngs. Ms. Moody added that she finds it important to defer to other department heads and coming to these mee�ngs keeps her “in the know.” Chief Moore said the 5:15 pm/7:00 pm �mes work with his schedule and he appreciated Commissioner Chance’s recogni�on of comp �me. Chair E�ng then concluded that Work Sessions would be at 5:15 pm and Town Hall mee�ngs would be at 7:00 pm, with the same days, Mondays and Tuesdays. All department heads present and commissioners agreed to these mee�ng dates and �mes. XI. MISCELLANEOUS A. Resolu�on 1211-23 Extending the Use of Temporary Tent Permits and Temporary Use Permits Due to COVID-19 in the Town of Bel Air Through March 31, 2024 Commissioner Chizmar asked to address this emergency legisla�on to determine who was s�ll using it, should it be adopted as an ordinance, and to get community feedback. Mr. Hopkins provided context, sta�ng that the permission of outdoor dining due to social distancing was extended un�l December 31, 2022, extended again un�l December 31, 2023, and then extended for another 90 days. Currently, only Independent Brewing Company s�ll uses this emergency legisla�on. The business may have the op�on in the future to use the property across the street because the buildings might be demolished. Mr. Krantz described how this legisla�on is an excep�on to the code. For the brewery’s situa�on, two temporary large tents are in place where there would normally be parking. Mr. Hopkins further added that the parking lot across the street is also temporary use only. Commissioners said they would like to engage with the brewery in the next two months to look at their future plans, their �meline, and to let them know of their imminent deadline. Mr. Hopkins men�oned that the Bel Air Downtown Alliance has pursued a demoli�on grant from the state to demolish the two buildings across the street. He felt the money would be approved but was uncertain of the property owners’ approvals. Mr. Krantz also men�oned that the county has not put the temporary changes into law but rather has chosen to extend the deadline for another year, which would also be an op�on for the board. This would give the brewery an opportunity to become compliant and the board could explore op�ons for an ordinance. 5 B. Review American Rescue Plan Act Funded Projects Commissioner Rutledge reported that he had asked for an update on the projects that are part of the American Rescue Plan Act (ARPA). Ms. Moody provided a data sheet that listed es�mated costs, actual or commited costs, and the status. She clarified that if there is a difference in numbers between the es�mated and commited costs, it does not mean we will spend the difference. Final decisions have not been made for certain projects. She explained TOBA1022, sta�ng that this project has long been in process, the board had decided to move forward, and the engineering is currently being done at a cost of $83,900. The million-dollar es�mate is for the construc�on. She confirmed for Commissioner Rutledge that this board would vote on the contract. Commissioner Rutledge clarified that he is trying to understand the projects and set priori�es. Specifically, he ques�oned whether the Burns Alley project should be tabled. Chair E�ng agreed that the money should be spent on hardcore infrastructure projects and that the board should look at the money that has not yet been commited. She noted that businesses were against the Burns Alley project and she would like to hear from staff about must-have projects, par�cularly as the budget process begins. Ms. Moody pointed out the deadlines for Mr. Taylor, specifying that we have to obligate by the end of this calendar year, which includes board approval, contract, and purchase order. The money does not have to be spent un�l 2026. She referred to TOBA1014 and 1015 as very important to obtain with ARPA funding. Mr. Kline men�oned the importance of using ARPA funds for sewer projects (TOBA1020), including the replacement of a pump sta�on that will last for the next 30 to 40 years. Ms. Moody further emphasized TOBA1022 as another important project for ARPA funds. She explained this project has three phases and may be more costly. Mr. Hopkins said TOBA1023 is an agreement with the County and the Town is only commited for $175,000. She men�oned projects that will need further discussion (TOBA1034, 1030). She said that Burns Alley has an engineering cost of $85,000 that is wai�ng for board approval. Ms. Moody also confirmed for Chair E�ng that the remainder to commit of ARPA funds is $3,838,821, and that the money is for one-�me only projects. Ms. Moody said that that number does not include addi�onal costs for projects. Commissioner Chizmar asked Ms. Moody to include a column for completed projects and asked if the es�mated cost is needed if the project is completed. Ms. Moody said she keeps that informa�on in for new board members and noted that some projects have not been paid to date; they only have a signed contract. She said commited/obligated means there is a contract in place. Ms. Moody said she would add a posi�ve column for completed projects and a nega�ve one for incomplete projects. C. Review Appointment Protocols for Town Boards, Commitees, and Commissions Commissioner Rutledge asked for this agenda item to address the number of upcoming vacancies on boards and commitees and inquiries from the public. He wanted to make informa�on available to town ci�zens when there are vacancies and how to apply. He would like the applica�on process to be more transparent. Chair E�ng said that it would be conducive to have every commitee on the webpage with the list of members, their term dates, mee�ng �mes, their mission, and requirements to be a member. Commissioner Chance agreed no�ng that people have expressed interest in being on the commitees. Commissioner Taylor said that Havre de Grace has a publicly accessible spreadsheet lis�ng this informa�on. Mr. Krantz said he could work on the website crea�ng a page that would list each board with its appointed officials, term dates, mee�ng �mes and dates, the applica�on process, the applica�on itself, and a link to the Town code. He would also post openings for commitees. Chair E�ng noted that this informa�on is available for some of the commitees but not all. Mr. Krantz explained for Commissioner Chizmar how he could announce an opening, which would be linked to the Careers and 6 Volunteer Opportuni�es tab on the website. He would also share it in Spotlight and on social media with a link to the applica�on. Commissioner Rutledge said he would like to make the applica�ons a standing agenda item. Chair E�ng concurred, saying it could be part of staffing and would be addressed at least every four months moving forward. Commissioner Taylor said the Appearance and Beau�fica�on Commitee will have several possible openings shortly. D. Review Webpages for Town Boards, Commitees, and Commissions Addressed above. 1. Discuss Adding Member Names and Term Dates Addressed above. G. McCormick Street Stormwater Management Update Mr. Kline presented a PowerPoint addressing the situa�on. This par�cular area tends to flood homes and yards during heavy downpours and extreme rainfall events (a month’s worth of rain in one day). He described how this occurred in 2021 and the impact of the rainfall on the property at 404 McCormick St. He said the 50-60-year-old drainage system is working but can no long keep up with the volume. In 2022 a drain was put in at a cost of $6,5000 and a stormwater project was built at Harlan Square at a cost of $55,000. Mr. Kline said these measures slow the process of the water but do not solve the problem. He has received 60 percent design drawings from the contractor (KCI) that will meet the plan for a ten-year standard like the county’s. This project will include 25 inlets, 16 new manholes, and 2,676 linear feet of pipe. Mr. Kline said the cost es�mate is $1,443,845. The completed design and final es�mate should arrive in February 2024 and bidding could begin in March 2024. Mr. Kline discussed funding op�ons, including ARPA, loans, or grants. Chair E�ng said there is also the op�on of not proceeding with the project. Mr. Kline agreed but said, although this project seemingly helps only two homeowners, the system will eventually fail and the Town will have to replace everything in the next twenty years. The new system should last for fi�y years. Chair E�ng said she was concerned with the high cost and Mr. Kline confirmed that it is impossible to predict when there will be another rain event. Commissioner Chizmar asked how the improvements already in place have fared. Mr. Kline said he did not know because there has not been another significant rain event, but he suspected the improvements will not be sufficient. He confirmed for Commissioner Taylor that there is no danger that the system will go into catastrophic failure. H. Discuss Bel Air Police Department Repor�ng Chair E�ng requested that Chief Moore report at future mee�ngs on anything of importance regarding crime trends, police maters, annual figures, and police department ini�a�ves. Chief Moore agreed and appreciated the opportunity to communicate with the public. 7 I. Review and Discuss Town Policies and Procedures Chair E�ng said she had spoken with Mr. Krantz about policies and procedures that pertain to the Town Commissioners, such as appointment liaisons and vo�ng for Town Chair. She has had difficulty accessing them through the intranet. Mr. Krantz agreed to assist in this mater. Chief Moore said the police department page publishes its policies and procedures through Lexipol and the Town is working toward the same usage. J. Discuss Timekeeping Solu�ons for Public Comment Mr. Krantz presented a new, convenient �me-keeping mechanism for public comment at mee�ngs. It will be displayed on-screen for use during mee�ngs and can be installed on department head laptops. XII. PUBLIC ANNOUNCEMENTS Chair E�ng announced Harford County Restaurant Week from January 19-28. Winter dance lessons are ongoing at the Armory. An Instrument Pe�ng Zoo will take place at MusicLand on Saturday, January 27. The Bel Air Lions Club/Police Explorers Post 9010 Bingo will take place at the Armory on January 26. The Cultural Arts Commission will meet on Wednesday, January 17 at the Armory. The Elderly and Needy Ci�zens Commitee will meet on Wednesday, January 24; the Historic Preserva�on Commitee on Thursday, January 25; and the Board of Commissioners Work Session on Tuesday, January 30 at 5:15 pm all at the Town Hall. Mr. Hopkins said there will be a Traffic and Safety Workshop on Monday, February 12 from 6:30-8:30 pm at the Armory as part of the Safe Streets grant. He will have flyers and would like strong par�cipa�on. XIII. PUBLIC COMMENTS Scot Agar, 306 Planta�on Ln, Bel Air, Tollgate Village, said a five-story, 550 apartment building is now being proposed in addi�on to what was already approved at the Harford Mall property. He speculated if this actually was always a part of the plan. He discussed that the defini�on of a mixed-use center was changed in January 2023, and this defini�on change allowed the mall apartments to be recently approved. He said he has not goten any feedback about this newly proposed 550-unit complex from Mr. Small or the developer. Mr. Agar cited a land use ar�cle that would enable the Board of Commissioners to overrule the decision of the Planning Commission. He again requested the Commissioners to consider a resolu�on to roll back the defini�on of a mixed-use center. XIV. COMMISSIONERS’ COMMENTS Commissioner Taylor updated the board on two ribbon-cu�ng ceremonies for Menchie’s and Harford Haven Studios, as well as his describing his atendance at the opening of the bed tower at the hospital. He said he atended his first mee�ngs of the Economic and Community Development Commission and the Appearance and Beau�fica�on Commitee. He commended the dedica�on of the commitee members and Ms. Robertson, as did Commissioner Chance. Chair E�ng thanked the public works department for the snow removal and the police department for its work during the storms. 8 XV. APPOINTMENTS A. Closed Session Commissioner Taylor mo�oned to move the mee�ng into closed session. Chair E�ng read the reasons for the closed session as listed below. Commissioner Chance seconded the mo�on. Mr. Krantz asked for roll call. Ayes: Commissioners Rutledge, Chizmar, Taylor, Chance, E�ng. Nays: None. Mo�on carried 5-0. The mee�ng closed at 8:42 pm. 1. This por�on of the mee�ng will be closed under the provisions of the Maryland Open Mee�ngs Act General Provisions Art. §3-305(b)(1). 2. Topics of Discussion: To discuss the appointment of officials to the Cultural Arts Commission and the Commitee on Elderly and Needy Ci�zens. 3. Reason for Closed-Session Discussion of Above Topics: Because public discussion of candidates’ names, qualifica�ons, experience, and background could discourage people from volunteering for public service or compromise their privacy rights. B. Open Session The mee�ng reopened at 8:55 pm. 1. Appointment to the Cultural Arts Commission Commissioner Chance mo�oned “that the appointment of Donna Kahoe to the Bel Air Cultural Arts Commission for a term of three years, effec�ve immediately, be approved by the Bel Air Board of Town Commissioners.” Commissioner Taylor seconded the mo�on. Mr. Krantz asked for roll call. Ayes: Commissioners Rutledge, Chizmar, Taylor, Chance, E�ng. Nays: None. Mo�on carried 5-0. 2. Appointment to the Commitee on Elderly and Needy Ci�zens Commissioner Chance mo�oned “that the appointment of Vickie Bands to the Commitee on Elderly and Needy Ci�zens for a term of three years, effec�ve immediately, be approved by the Bel Air Board of Town Commissioners.” Commissioner Taylor seconded the mo�on. Mr. Krantz asked for roll call. Ayes: Commissioners Rutledge, Chizmar, Taylor, Chance, E�ng. Nays: None. Mo�on carried 5-0. Commissioner Chance mo�oned “that the appointment of Bari Kline to the Commitee on Elderly and Needy Ci�zens for a term of three years, effec�ve immediately, be approved by the Bel Air Board of Town Commissioners.” Commissioner Taylor seconded the mo�on. Mr. Krantz asked for roll call. Ayes: Commissioners Rutledge, Chizmar, Taylor, Chance, E�ng. Nays: None. Mo�on carried 5-0. Commissioner Chance mo�oned “that the appointment of Jasmine Stock to the Commitee on Elderly and Needy Ci�zens for a term of three years, effec�ve immediately, be approved by the Bel Air Board of Town Commissioners.” Commissioner Taylor seconded the mo�on. Mr. Krantz asked for roll call. Ayes: Commissioners Rutledge, Chizmar, Taylor, Chance, E�ng. Nays: None. Mo�on carried 5-0. 9 XVI. ADJOURNMENT The mee�ng adjourned at 8:59 pm. APPROVED: February 5, 2024 Signature on file _____________ Paula S. E�ng, Chair Board of Town Commissioners Signature on file____________ Michael L. Krantz, Town Clerk 10