Board of Town Commissioners

BEL AIR BOARD OF TOWN COMMISSIONERS WORK SESSION MEETING JANUARY 30, 2024 The Board of Commissioners Work Session Mee�ng was held on January 30, 2024, at 5:15 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 Elizabeth Thompson, Town Counsel Jane Sudbrink, Recording Secretary I. CALL TO ORDER Chair Etting called the meeting to order at 5:15 pm. Mr. Krantz read the roll call of attendees as listed above. II. APPROVAL OF AGENDA Commissioner Taylor made a mo�on to approve the agenda. Mr. Hopkins interjected that he would like to alter the agenda to have the update on the Bel Air 150 celebra�ons presented first followed by the Army Alliance. Mr. Chizmar made the mo�on to approve the agenda as amended and all commissioners concurred. A. Update on Bel Air 150 Celebra�ons Julia Potler, Events Manager, gave an update on the Bel Air 150 celebra�ons, which started in January 2024 and will run through December 2024. She described the 26 banners that have been hung along Main St as well as the two large banners at the town hall and at Rockfield Manor. In addi�on, she noted that there are pins for staff and commissioners and window clings. The 150 logo is now part of email signatures. Ms. Potler said they are currently working on t-shirt designs through the Downtown Alliance. Ms. Potler described the backdrop to be used for photo ops and social media posts. She said ads have been and will be placed in Harford’s Heart magazine. The town will be lit in green on April 11, 2024, to celebrate the actual incep�on date. Ms. Potler also described the “Then and Now” event at the armory on April 27, 2024, which has 30 par�cipants and will have giveaways. Ms. Potler asked that the commissioners be aware of upcoming dates in order to have their par�cipa�on. These dates include April 27, which will also have a concert, weather-permi�ng. Another important date for the 1 commissioners will be July 4, 2024, when the �me capsule will be opened in a ceremony around 12:30 pm. She noted that items will be collected on April 27 for pu�ng in the �me capsule once again. The final important date will be December 8, 2024, when a live evergreen will be planted and lit in honor of the 150th celebra�on. III. PRESENTATION A. Army Alliance’s Mission and Goals Mike Ray, President, presented on the Army Alliance. He said it is a nonprofit that advocates for jobs and the mission of APG. Mr. Ray described the composi�on of the alliance and its growth since its incep�on in 1999. He noted that there are 160 defense organiza�ons in Harford County suppor�ng APG and that 70 percent of the civilian workforce at APG comes from the county. Specifically, 738 government civilians live in Bel Air and approximately 1,400 to 2,100 contractors live in the town. Mr. Ray described how this workforce supports the town, uses its services, and helps it flourish. He said the Army Alliance works to have a posi�ve impact on APG by ge�ng more funding and jobs while ensuring that APG is recognized as a na�onal asset. Mr. Ray said the alliance could use the town’s support through atendance at sponsorship mee�ngs and financial sponsorship. He said the town had previously supported the alliance from 2001-2022 and he would now like to reestablish that partnership again. Commissioner Chizmar asked if the alliance specifically markets Bel Air to contractors. Mr. Ray said it is an indirect rela�onship wherein contractors will come to the alliance for assistance and he always encourages them to live and do business in Bel Air. Mr. Ray added that Havre de Grace’s and Aberdeen’s sponsorship levels are between $2,500 and $6,000. Mr. Ray clarified for Commissioner Rutledge that his numbers for APG employees living in Bel Air are from the 21014 zip code only. Denise Carago, founder of the Army Alliance, said she was looking forward to Bel Air’s possible re- engagement with the alliance, and noted that in her experience, people who re-locate to this area for APG always want to live in Bel Air. She provided anecdotes that demonstrated how businesses in Bel Air are indirectly connected to APG. She said the alliance is trusted by leadership and it has the ability to make a difference at the state and na�onal level. Patrick Mullin spoke as a representa�ve of one of the largest defense companies in the county. He said his company has grown from 50 employees to 275 over the last seventeen years demonstra�ng the growth of APG. Mr. Mullin expressed his desire to con�nue to sustain APG and asked for the support of the communi�es. IV. TOWN ADMINISTRATOR’S REPORT Mr. Hopkins reported that the liquor control board mee�ng went smoothly and was not disrup�ve to the administra�ve and financial processes of the town even with a 12-hour mee�ng length. Mr. Hopkins said that dogs running off leash is an ongoing problem at Rockfield Park. He said the town will install new signage. The crosswalk at Rt. 22 and Main St is not func�oning and he has no�fied SHA. Mr. Hopkins has received feedback from ci�zens that speakers on the dais during live-stream mee�ngs are not using the microphones properly. He encouraged commissioners and staff to remind everyone to speak into the microphones. 2  Mr. Hopkins and Ms. Thompson have spent the past ten months crea�ng MOUs that will be consistent across the board for all groups using town services. These will cover what fees the town charges, what fees are waived, what services are provided, etc. Some MOUs had to be specific to certain groups while others will rely on a standard template. Mr. Kline commented in rela�on to town roads that the street crews check for potholes every Monday and Friday. Commissioner Rutledge asked about enforcement op�ons for dogs running off leash. Chief Moore said that the primary contact would be animal control but ci�zens could also contact the police department. The police could stabilize the situa�on un�l an animal control officer arrives. Chief Moore stressed that animal control is diligent and will issue cita�ons. Commissioner Chizmar suggested pos�ng this informa�on on the website as a reminder for dog owners. V. TENTATIVE AGENDA FOR TOWN MEETING (Monday, February 5, 2024, at 7:00 pm, Bel Air Town Hall) A. Presenta�ons 1. Promo�on of Sophia Whiteside to Police Communica�ons Operator II Chief Moore provided background on Ms. Whiteside’s job history with the town as an explorer and then as a police dispatcher. He commended her excellent work and said that she received her CN1 cer�fica�on. She will receive her cer�ficate of promo�on followed by a small ceremony. In answer to Chair E�ng, Chief Moore said that the age range for police explorers is ages 14 to 21. 2. Cer�ficate of Apprecia�on to Joan Suit Recording Secretary Re�red Mr. Krantz reported that Joan Suit will receive a cer�ficate of apprecia�on for her fourteen years of service as a recording secretary. 3. Recogni�on of Phil Raub’s Service to Our Community This presenta�on is postponed. B. Unfinished Business 1. Ordinance 822-23 Repealing and Replacing Bel Air Town Code Chapter 43 Code of Ethics Mr. Krantz said this ordinance was introduced in December 2023, had a public hearing, and will now be going before the state ethics commission on February 1, 2024. If it is accepted, the ordinance will go before the commissioners for a vote on February 5. Mr. Krantz summarized the contents of this new code, which aligns with the state code and includes revised ques�onnaires for financial disclosure/conflicts of interest. Mr. Krantz noted that he hoped that the state will approve the change that appointed officials will only complete gi� disclosures on an annual basis rather than answering numerous other lengthy financial ques�ons. Mr. Krantz hopes this will encourage more volunteers. In answer to Chair E�ng, the forms are not codified, but were submited to the state ethics board. And, in answer to Commissioner Chizmar, Mr. Krantz has not received any comments on the forms from town employees. 3 C. New Business 1. On-Call Plumbing Contract Mr. Kline said he had two contracts with two companies, both of which work with the county. The projects are in the $20,000-30,000 range. He said he prefers to have two companies on hand in case of emergencies. The companies are G. H. Nitzel Inc. and GA Mechanical. 2. Appointments to the Appearance and Beau�fica�on Commitee Mr. Kline said that he would like to reappoint four members: Bonnie Bailey, Jennifer Dombeck, Susan Niewenhous, and Elaine Millard. They have all been on the commitee for several years and he recommends them all. He clarified for Commissioner Taylor the actual number of vacancies on the commitee (1 not returning, 2 vacancies, 1 pre-exis�ng vacancy). Mr. Kline said that the commitee voted last fall to change the code to make the number of members from 7 to 10 rather than 9 to 12. Mr. Kline said he will work with Mr. Krantz on this process because it will require a code change procedure. 3. Appointments to the Historic Preserva�on Commission Commissioner Rutledge reported that two members’ terms will be expiring in February, Jennifer Mainster-Hanna and Brian Payne. Both members have submited applica�ons to reapply and the commissioners will vote on them next week. 4. Appointments to the Commitee on Elderly and Needy Ci�zens Commissioner Chance reported that Greg LaCour’s term had expired but he will remain on the commitee as an interested ci�zen. Karen Winkowski, Director of the Office on Aging, has applied to be on the commitee and will be voted on next week. Commissioner Chance also added that the group is working on a new, more appropriate name for the commitee. VI. STAFFING UPDATE A. Review Term Expira�on Dates of Board, Commitee, and Commission Members Mr. Krantz said that he has posted jobs for an accoun�ng clerk in the finance department and a part- �me senior planner in the planning department. He is s�ll accep�ng applica�ons for a part-�me procurement officer. Mr. Krantz will be pos�ng a posi�on for a computer network specialist because Al White is re�ring in May. Mr. Krantz also distributed a spreadsheet of all the commitee members, their term expira�ons, and vacancies. He said commitee members and their terms are also now on the website. He is in the process of crea�ng a spreadsheet for the website with this informa�on. VII. CALENDAR A. Discuss Tenta�ve Budget Mee�ng Schedule for Fiscal Year 2025 Ms. Moody said she emailed the commissioners with the tenta�ve schedule and asked for feedback. Chair E�ng asked members to look at their schedules to ensure there is a quorum on the addi�onal mee�ng dates (Tuesdays and Thursdays at 4:30 pm). 4 VIII. MISCELLANEOUS A. Discuss Permit and Restricted Parking on Atwood Road and Lester Way Mr. Small said the town received a pe��on from Mr. Adelsberger with signatures from all his neighbors. The pe��on asked that the permit parking on Atwood Rd be changed to seven days a week, twenty-four hours a day. Mr. Small noted that this parking will likely not be patrolled by police so any infrac�ons would have to be reported by residents. In addi�on, Mr. Small said that the north side of Lester Way is permit parking in the exis�ng ordinance, but the signage on the street is prohibited parking. Mr. Small said the two solu�ons were restricted parking and parking by permit. For Atwood Rd, it is set up that the area between Bal�more Pike and Winding Alley is prohibited parking (200 �) and then it transi�ons to permit parking. Only the south side of Lester Way is currently prohibited parking, and the resolu�on would make the north side prohibited parking as well. Mr. Chizmar asked for clarifica�on. Mr. Small said from Bal�more Pike to Winding Alley is prohibited parking and from Winding Alley to George St is permit parking. The changes on Lester Way were not at the request of ci�zens, rather it is a “clean up.” B. Discuss Safe Streets and Roads for All (SS4A) Grant Program Ac�on Plan and Public Input Mr. Small said there will be a public input mee�ng at the armory on February 12, 2024, at 6:30 pm regarding the Safe Streets and Roads for All federal program. He summarized the specifics of this grant, which enables municipali�es to review and find solu�ons for injuries and fatali�es on roadways. It has a zero deaths approach. The $175,000 grant includes Aberdeen and Havre de Grace and will require an official public resolu�on from the commissioners. Mr. Small foresees leveraging the funds to review difficult intersec�ons in the town that have speed and visibility issues. He listed the intersec�ons as follows: Courthouse Square/Office and Courtland St at Bond St, Kenmore Rd and S. Main St, Ellendale at N. Main St, Moores Mill Rd at Hickory Ave, Pennsylvania Ave at Hickory Ave, Lee St at Hickory Ave, Lee St at N. Main St, Gordon St at N. Main St, and MacPhail Rd at S. Main St. He noted that some intersec�ons have been purposely le� off this list because they are part of the county transporta�on plan for proposed improvements. In addi�on, Mr. Small said other intersec�ons also have developer improvements pending, like Tollgate Rd and Rt 1. Mr. Small said the report from the consultant will have to be completed by June 2024. In answer to Commissioner Chizmar, Mr. Small said the report will have traffic counts and pedestrian counts, and the report will priori�ze the intersec�ons. He said he would like to apply for an implementa�on grant from the DOT by July 2024. Commissioner Chizmar asked about the criteria for priori�zing. Mr. Small said the consultant will look at sta�s�cs from the police and crash data, but some of it will be subjec�ve, including the commissioners’ opinions. The board will review a dra� version of this report. Commissioner Chance expressed concerns beyond intersec�ons, such as speeding on Main St and disregard for stop signs. Mr. Small said if these issues are presented at the public mee�ng, they could be part of the report, but he cau�oned against expanding the scope too much. Commissioners and staff commented on the crosswalks, the difficult intersec�ons, and the numerous state roads in town. 5 C. Discussion 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. Chair E�ng said this issue has to do with amending the code in rela�on to school capacity and suggested introducing legisla�on that would delete the abu�ng language while leaving the 100 percent/110 percent capacity for further review. Commissioner Rutledge said he had dra�ed legisla�on that will be considered by the Planning Commission on February 1, 2024. He, too, proposes to delete the abu�ng language from the adequate public facili�es statute regarding school capacity. His legisla�on would keep the percentage at 110 percent. Commissioner Rutledge said his legisla�on is specifically focused on adequate public facili�es in the town. In par�cular, he has a “carve out” for specific projects. Projects that have already advanced in 2023 or before based on previous metrics, get approval in summer 2024, and then get building permits in fall 2024, will not be affected by his proposed legisla�on. Specifically, Commissioner Rutledge’s legisla�on grants considera�on to projects that have relied upon exis�ng law, but these projects cannot linger; they must proceed. Based on the Planning Commission’s feedback, he would then move forward with an ordinance. Ms. Thompson said his proposed legisla�on is an amendment to Ordinance 818-23. That ordinance expired so this legisla�on will have to go through the en�re legisla�ve process. Ms. Thompson further added for Chair E�ng that the Planning Commission members will render their opinions on the expired ordinances at their upcoming mee�ng. Ms. Thompson explained for Commissioner Chizmar how Maryland has a ves�ng test. Building permits have to be issued by the governing authority. She said that with substan�al construc�on the general rule is that once a project’s founda�on is laid and the digging begun, the project is now vested. Commissioner Rutledge clarified that his proposal with a carve-out and an expira�on date is based on sound public policy and it is strictly legisla�ve. Moving forward, a project cannot count on what is going on in the county schools, but what is happening in Bel Air schools only. D. Discuss Amending Town of Bel Air, MD Code Chapter 10: Boards, Commissions, and Commitees Ar�cle V: Commitee on the Elderly and Needy Ci�zens Commissioner Chance did not have addi�onal informa�on. Mr. Krantz said this ordinance should be considered as pending. E. Discuss Governor Moore’s 2024 Housing Package 1. The Housing and Community Development Financing Act (SB 483/HB 599) Chair E�ng said the board should not take a posi�on on this act, which provides funds for certain types of housing. 2. The Housing Expansion and Affordability Act (SB 484/HB 538) Chair E�ng said this act would exempt certain housing from adequate public facili�es, i.e., municipali�es would not be able to deny a building permit on the basis of overcrowded schools. She felt 6 this was micromanagement from the state at the local level. Chair E�ng said other coun�es and municipali�es would not look on this act favorably. She discussed the concept of “middle housing,” which would allow single family homes to be taken down in a neighborhood, and cotage houses constructed in its place. Chair E�ng felt this was an odd way to increase affordable housing. She felt it takes away all zoning powers from the town and gives them to the state. She said MML and MACo have not yet commented on this act. Chair E�ng said she would like the board to consider taking a posi�on on this mater, pass a resolu�on to forward to MML, and tes�fy if necessary. She stressed urgency in the mater. Chair E�ng told Commissioner Chizmar that this act would override the town’s density rules and added that there are new housing defini�ons in this legisla�on. Mr. Small said that these projects may not be intended for Bel Air, but he was concerned about amendments that may be added as the act goes through the legisla�ve process. Specifically, he expressed concerns for residents in the R1 district. Commissioner Rutledge commented that the act seemed to deprive municipali�es of zoning authority and will rewrite the town’s zoning statutes. He felt that from an economic standpoint, this act would have an infla�onary effect that would adversely impact the town’s economy and the homeowners. Mr. Small described the situa�on in College Park, MD, where high density developments on a single- family lot have had a nega�ve effect on a neighborhood. He noted that the town does allow middle housing in the form of townhomes, but not in the R1 district. Chair E�ng predicted that this bill could destroy the town’s neighborhoods and the town is at risk for a huge sea change. She said she would reach out to other municipali�es in Harford and Cecil Coun�es for feedback. Commissioner Rutledge pointed out that the state-owned property, the Mary Risteau building, could be eligible for high density. He expressed concerns that the impacts on school capacity, sewer, stormwater management, and the environment were not considered in this bill. Commissioner Taylor informed that board that HB 538 and HB 599 are scheduled to go before the House Energy and Transporta�on Commitee on February 20, 2024. The last bill has not been scheduled. Chair E�ng said she will work with Mr. Krantz to dra� a resolu�on for considera�on on February 5. Ms. Thompson said the resolu�on should be dra�ed as leter and then adopted as a resolu�on. Chair E�ng said she would also contact MML. 3. The Renter’s Rights Stabiliza�on Act (SB 481/HB 4517) Chair E�ng said the board should not take a posi�on on this act. IX. COMMISSIONERS’ COMMENTS Chair E�ng reported that the Harford Cecil MML has a scholarship commitee and a representa�ve from Harford is needed. She believed that the requirements would be a once-a-year mee�ng to review applica�ons, but she would confirm the commitment. The group agreed that Mr. Krantz will post informa�on about the scholarship on the town’s website. 7  Chair E�ng reported that the town of Frederick, MD, has lost approximately $290,000 due to a wire fraud scam. Ms. Thompson described the efficacy of these scams and urged cau�on. Chair E�ng will be atending the Harford County Chamber of Commerce mee�ng next Wednesday as will Angela Robertson and Commissioner Chance. Chief Moore gave an update on the latest police ac�vity. Two juvenile transients stole $24,000 of Apple products from Target. Due to the coopera�on and hard work of the town’s police and Anne Arundel County’s police, one of the juveniles has been charged and the products have been returned. X. CLOSED SESSION Commissioner Taylor mo�oned to have the mee�ng move into a closed session. Commissioner Chizmar seconded the mo�on. Mr. Krantz read the reasons for the closed session as listed below. 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. Chair E�ng stated that the mee�ng would not return to open session. The mee�ng closed at 7:28 pm. A. This mee�ng will be closed under the provisions of the Maryland Open Mee�ngs Act General Provisions Art. § 3-305(b)(7). B. Topics of Discussion 1. To consult with counsel to obtain legal advice regarding subpoena power for the Board of Ethics, Building Moratorium, Fee in Lieu of Open Space C. Reason for Closed-Session Discussion of Above Topics 1. Because public discuss of confiden�al informa�on and legal strategies compromise the atorney- client privilege and inhibit the ability of the public body to receive candid and uninhibited legal advice. XI. ADJOURNMENT Commissioner Taylor mo�oned to adjourn the mee�ng. Chair E�ng seconded the mo�on. All in favor. Mo�on carried. The work session mee�ng adjourned at 8:33 pm. APPROVED: February 20, 2024 Signature on file _____________ Paula S. E�ng, Chair Board of Town Commissioners Signature on file____________ Michael L. Krantz, Town Clerk 8