Board of Town Commissioners

MINUTES BEL AIR BOARD OF COMMISSIONERS WORK SESSION MEETING FEBRUARY 13, 2024 The Board of Commissioners Work Session Mee�ng was held on February 13, 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: David Anderson, Media & Public Relations Specialist Edward Hopkins, Town Administrator Steven 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 Kevin Small, Director of Planning Elizabeth Thompson, Town Counsel Jane Sudbrink, Recording Secretary I. CALL TO ORDER Chair E�ng called the mee�ng to order at 5:15 pm. Mr. Krantz asked for the roll call of atendees as listed above. II. APPROVAL OF AGENDA Commissioner Chizmar mo�oned to approve the agenda. An addi�onal item requested by Commissioner Taylor regarding the fire department was added under Commissioner’s Comments. 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. III. PRESENTATION A. Bel Air Downtown Alliance Jenny Erhard, Execu�ve Director, gave a presenta�on on the importance of the public-private rela�onship between the alliance and the town. The alliance was established in 2001 and is a 501(c)(3). She said it is a community development organiza�on that mobilizes stakeholders to invest in Bel Air. Ms. Erhard provided lists of the businesses involved in the alliance and gave a background on its involvement in the main street program. She specifically described the important symbio�c rela�onship between the town and the alliance. Ms. Erhard said that in the last three years, the alliance has given $178,159 to the town for various improvements and $381,913 to town businesses. In addi�on, she touched on the numerous events the alliance par�cipated in or hosted in 2023 and the upcoming events and ini�a�ves 1 for 2024. Ms. Erhard said the alliance is currently working on solu�ons to beter support the town’s homeless popula�on, crea�ng new ways to mo�vate property owners to renovate and lease vacant proper�es, partnering with the Elderly and Needy Ci�zens Commitee, improving inclusivity in the downtown area (e.g., trolley service), increasing tourism engagement through beter visual marke�ng, and improving walkability. Commissioner Chance commented on the excellent work the alliance does for the town. Ms. Erhard described the setup for a �cketed event for Commissioner Chizmar. She noted for him that the alliance currently does not interact with the Army Alliance, but she will reach out to them since their missions do overlap. She also explained for Commissioner Rutledge how the alliance’s videos can be accessed. IV. ADMINISTRATOR’S REPORT Mr. Hopkins said that he has now engaged with the Army Alliance as has Ms. Robertson and this engagement will also include the Downtown Alliance. He asked that commissioners contact him soon regarding any project they would like included in the FY25 budget. Mr. Hopkins is working on rebuilding and energizing the town’s website with Mr. Krantz and Mr. Anderson, and comments from commissioners are welcome. Tonight, he had invited representa�ves from Independent Brewing Company to speak on the open dining resolu�on. V. NEW BUSINESS A. Resolu�on 1220-24 Regarding Governor Moore’s Housing Expansion and Affordability Act (SB 484/HB 538) Chair E�ng distributed a dra� resolu�on to the commissioners. She asked for discussion and sugges�ons. Chair E�ng said they must decide to either pass a resolu�on authorizing a leter or pass an actual resolu�on. In her opinion, she preferred the leter as it is more conversa�onal and less formal. Chair E�ng’s primary concern was that adequate public facili�es are not considered in this legisla�on, which could be a safety issue. She proposed giving real-life examples in the leter to press the point. Chair E�ng said the town is largely built out and is 60-40 owner occupied versus rental so the only op�on for the town under this act would to be to take down single family homes. She noted that providing affordable housing is a good goal, but capaci�es must be considered. She said the proposed effec�ve date is October 1, 2024, for the new legisla�on, so speed is essen�al. Mr. Small said there will be amendments to the bill but he was unsure when they would be added. Commissioner Taylor said that amendments are worked out at the commitee level, so they will not be added for a few more weeks. Ms. Thompson specified that the only building/land in town that could qualify for this legisla�on would be the district court of Maryland building. The building could be sold to a developer if the state chooses to surplus it. Commissioner Rutledge was most concerned with Sec�on 7-504/505 that incen�vizes a nonprofit construc�on company to acquire property in a single-family district and this company has the automa�c right to build middle housing. He described the types of housing that could be built, feeling it would be reminiscent of poor housing areas. Commissioner Rutledge said the zoning and overlay by state law would be automa�c and it would override the town’s zoning. He then detailed myths about nonprofits, including the fact that, contrary to accepted belief, they can earn money and have paid staff. Commissioner Rutledge felt much damage could be done to the structure of neighborhoods. 2  Chair E�ng agreed and was par�cularly concerned about reasonably priced neighborhoods like Howard Park. Commissioner Rutledge considered the intent of the bill because it seems good for people who cannot afford property and it energizes free enterprise, a policy that is typically restrained by the state. Chair E�ng concurred that the legisla�on is well-inten�oned but not well thought out. Commissioner Chance asked that everyone be very careful when considering nonprofits and be sensi�ve to the valuable work that nonprofits do in the county. Commissioner Rutledge countered that he could not determine why this legisla�on is �ed to using 501(c)(3)s where there are no restric�ons to making a profit. He noted that the only nonprofit in Harford County related to building and selling houses is Habitat for Humanity. In answer to Commissioner Chizmar, Chair E�ng said she preferred a leter to a resolu�on because more detail could be outlined in the leter, whereas a resolu�on like the one from Havre de Grace, would be more of a list of conclusions. Ms. Thompson said that Maryland is a Dillon’s Rule state; a municipality does not have power unless the General Assembly gives it that power. She, too, said a leter would be beter because it would be more conversa�onal and less formal. Ms. Thompson said other ci�es, like Rockville, have more serious concerns related to this legisla�on. She noted that nonprofit cer�fica�on is slow, up to three years. She remained concerned with the district court building, which is in a high- density, zone B3A. 1. Public Comment Wayne Goddard, 128 N. Bond St, Bel Air, explained why he believed nonprofits were included in the legisla�on. He said nonprofit construc�on companies can use HUD loans and get grants to offset construc�on costs. Grants will also offset the need to make rents higher. Nonprofits allow those who do not have credit or capital to construct housing. He said there are numerous rules that would apply to this housing. Mr. Goddard said this bill is intended to be a work-around for communi�es that are too restric�ve to developers. He cited the changes to the land use code that now factor into fair housing compliance. VI. TENTATIVE AGENDA FOR TOWN HALL MEETING (Tuesday, February 20, 2024, at 7:00 pm, Bel Air Town Hall) A. Presenta�on 1. Fire Police Recogni�on Chief Moore said he will recognize members of the Fire Police for their valuable service to the town, including distribu�on of cer�ficates and service ribbons. He explained to Commissioner Chizmar the du�es that Fire Police perform in comparison to the Explorers, no�ng that the Explorers are young and do not work on the streets like the Fire Police. 3 B. New Business 1. Ordinance 825-24 Amending Bel Air Town Code Chapter 10. Boards, Commissions, and Commitees Ar�cle IV. Appearance and Beau�fica�on Commitee § 10-14. Memberships; Terms of Office; Quorum Mr. Krantz said the Appearance and Beau�fica�on Commitee has not consistently met the minimum requirement of nine members, although this has not adversely impacted the commitee’s ability to fulfill its purpose. The commitee would like to change its membership from a minimum of 9, maximum of 12 members, to a minimum of 5, maximum of 9 members. Mr. Kline said these membership numbers are more uniform with those of the other commitees in town. Mr. Krantz said, because this is a change in code, next week will be an introduc�on of the resolu�on and the public hearing will be on March 18, 2024. 2. Ordinance 826-24 Regarding Fee in Lieu of Open Space Commissioner Taylor said this ordinance opens up the discussion as to how the town approaches open space and when and where excep�ons are granted. The ordinance incorporates the recommenda�on from the Planning Commission to change the formula to be more in line with the county’s formula, but it would apply to the B2 zoning district only. The rest of the zoning areas, if there were a “hardship,” the hardship would have to be presented to the Board of Appeals. Commissioner Taylor said the ordinance also contains a provision where the need for fee in lieu could be considered on a case-by-case basis where off-site improvements could be considered. Commissioner Taylor did not want fee in lieu to be an automa�c allowance; he wanted it to be discouraged and open space requirements to be met as much as possible. Commissioner Taylor said there could be amendments and looks forward to discussion and public input. 3. Resolu�on 1221-24 Amending Resolu�on 1211-23 Extending the Use of Tent Permits and Temporary Use Permits Due to COVID-19, in the Town of Bel Air, Through March 31, 2025 Mr. Krantz provided background on this resolu�on. He said that the town code limits use of temporary structures like tents on parking lots. During the pandemic, exemp�ons and suspensions of the code were made to promote economic recovery. This resolu�on will con�nue the exemp�ons for another year. He noted that provisions to the code for outdoor amplified events shall remain in effect. This addi�onal year allows town staff to determine whether to incorporate this resolu�on into law. Mr. Krantz stated that the county has also extended its permits for another year. Chair E�ng noted that the extension allows town businesses to be in alignment with the county, but eventually a decision will have to made on whether these exemp�ons will be permanent. She also noted for Commissioner Chizmar that the town has an extra three months compared to the county because we do not want to stop business ac�vity in the winter. Mr. Krantz added that this resolu�on only con�nues to allow tents on parking lots. Tim S�elper, General Manager, Independent Brewing Company, 435 Choice St, said that the tents are more than just outdoor dining. They have become a mee�ng place for local organiza�ons and sports teams to host events. He said the tents have become an extension of the community and are a safe, outdoor area. He thanked the town for allowing the tents, especially during the pandemic. Mr. S�elper also said that usually they allow use of the tents at no charge. Mr. Krantz said this resolu�on will be before the commissioners for a vote on February 20, 2024. 4 4. Resolu�on 1222-24 Amending Resolu�on 1180-22 Amending Bel Air Armory Lease Fee Schedule Sec�on VI. Deposits b. Security Deposit. Increasing the Security Deposit from $250 to $500. Mr. Krantz said this fee was last amended on March 7, 2022. Since then, the main issue for the armory has been events running over the alloted �me. Consequently, this results in extra work hours for staff, damages to the facility, and addi�onal cleaning. The $250 security deposit is not a high enough incen�ve for an event organizer to finish on �me or clean up. Mr. Krantz said the increase of $500 would be for events that have over 100 people and serve alcohol. Less than 100 people and no alcohol served would be the original fee of $250. Ini�ally, Mr. Krantz also proposed a caveat in the contract that would give la�tude to the armory manager to determine the fee. A�er input from the commissioners, including concerns over how much la�tude and preferen�al treatment, Mr. Krantz deleted this sentence from the contract. He said it could be revisited in a year. He also noted that Rockfield Manor is also considering increasing its fee from $250 to $500. A public hearing will be held for this resolu�on on March 4, 2024. 5. Resolu�on 1223-24 Accep�ng Amended Harford County 2022 Growth Report Mr. Small said this report from Harford County looks at pupil atendance in the schools star�ng in the August 2023 school year. These numbers are amended from the original report from the summer. He noted that no school in town is over capacity except Homestead-Wakefield Elementary, which is at 115% capacity and will be at 117% capacity in three years. Mr. Small said this resolu�on is an acceptance of this report, which will enable the Planning Commission to use these numbers when considering projects. 6. Resolu�on 1224-24 Amending Resolu�on 1185-22 Parking by Permit Only Areas Mr. Small said this resolu�on addresses parking on two streets. Atwood Rd will be changing to resident parking seven days a week, twenty-four hours a day. Lester Way will change from permit parking to no parking permited due to its limited width. 7. Resolu�on 1225-24 Amending Resolu�on 1212-23 Restric�ve Parking Zones Mr. Small said this resolu�on addresses parking on Atwood Rd that will be eliminated for the building of Raising Cain’s and adds in the correct measurement of 200 � from Bal�more Pike. In addi�on, this resolu�on allows for both sides of Lester Way to be prohibited parking. 8. Reappointments for the Cultural Arts Commission Mr. Krantz said these reappointments will be discussed in the closed session. 9. Reappointment for the Economic and Community Development Commission Mr. Krantz said these reappointments will be discussed in the closed session. VII. STAFFING UPDATE A. Review Term Expira�on Dates of Boards, Commitees, and Commissions Mr. Krantz said there are no changes from the last �me. He recently posted for a police officer posi�on, and the part-�me temporary senior planner and part-�me procurement officer posi�ons 5 remain open. Mr. Krantz agreed to adver�se these posi�ons on our social media pages, as well as on Indeed.com and the website. VIII. CALENDAR Chair E�ng stressed the importance of the upcoming budget mee�ngs in April. Mr. Small said the Historic Preserva�on Mee�ng was cancelled for this month. Mr. Taylor said the Bel Air Garden Mart is scheduled for May 17, 2024. IX. MISCELLANEOUS Mr. Small directed commissioners to his handout of two photos as part of the budget review. Commissioners unanimously chose the top photo, which had the town name and the town seal. X. COMMISSIONERS’ COMMENTS Commissioner Taylor said a member of the fire department expressed interest in using the courthouse, while it sits vacant, for ladder training. Mr. Hopkins said he would be the contact and said he is amenable to using such buildings for training. Commissioner Taylor mo�oned to move the mee�ng into closed session. Commissioner Chance seconded the mo�on. Mr. Krantz read the reasons for the closed session as listed below. Mr. Krantz asked for roll call: Ayes: Commissioners Rutledge, Chizmar, Taylor, Chance, E�ng. Nays: None. Mo�on carried 5-0. 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 6:48 pm. XI. CLOSED SESSION A. 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) and §3-305(b)(7). B. Topics of Discussion: 1. To discuss the appointment of officials to the Cultural Arts Commission and the Economic and Community Development Commission 2. To consult with counsel to obtain legal advice regarding fee in lieu of open space and advice related to the sale of town property C. Reason for Closed-Session Discussion of Above Topics 1. Because public discussion of candidates’ names, qualifica�ons, experience, and background could discourage people from volunteering for public service or compromise their privacy rights. 2. Because public discussion of confiden�al informa�on and legal strategies can compromise the atorney-client privilege and inhibit the ability of the public body to receive candid and uninhibited legal guidance 6 XII. ADJOURNMENT Commissioner Taylor mo�oned to adjourn the mee�ng. Commissioner Chance seconded the mo�on. The mee�ng adjourned at 8:24 pm. APPROVED: March 4, 2024 Signature on file _____________ Paula S. E�ng, Chair Board of Town Commissioners Signature on file____________ Michael L. Krantz, Town Clerk 7