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Board of Town Commissioners

Regular Meeting

Bel Air, MD · April 15, 2024

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Minutes

MINUTES BEL AIR BOARD OF COMMISSIONERS TOWN HALL MEETING APRIL 15, 2024 The Board of Commissioners Town Hall Mee�ng was held on April 15, 2024, at 7:00 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: 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 Sgt. James Farrell, Administrative Sergeant 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 7:00 pm and read the roll call of commissioners. II PLEDGE OF ALLEGIANCE III. APPROVAL OF AGENDA Commissioner Chance mo�oned to approve the agenda. Commissioner Taylor seconded the mo�on. Mr. Krantz asked for a vote. Ayes: Commissioners Rutledge, Chizmar, Taylor, Chance, E�ng. Nays: None. Mo�on carried 5-0. IV. APPROVAL OF MINUTES Chair E�ng asked for a vote to approve the minutes. Commissioner Taylor mo�oned to table the minutes to provide �me for further inspec�on. Commissioner Chizmar seconded the mo�on. Mr. Krantz asked for a vote to not approve the minutes and approve them at a later date. Ayes: Commissioners Rutledge, Chizmar, Taylor, Chance, E�ng. Nays: None. Mo�on carried 5-0. 1 V. PUBLIC HEARING A. Resolu�on 1227-24 Town Administrator’s Fiscal Year 2025 Budget Ms. Moody’s presenta�on focused on the general fund, first on expenditures and then revenues. For expenditures, Ms. Moody presented budget highlights. Total fund expenditures for FY25 will be $19,445,128, an increase of $964,113 or 5.2%. She said public safety had the highest percentage of expenses at 35.4%, followed by general government (32.3%) and public works (24.5%). Ms. Moody then discussed salaries/benefits in detail, no�ng that they represent 70.2% of the total general fund expenditures. The budget includes funding for merit increases and a 3.5% COLA increase. She discussed the proposed new posi�ons—full-�me custodian, civilian logis�cs/cer�fica�on specialist, and increased hours for the part-�me file clerk. She noted the police department posi�ons will transi�on from sergeant to lieutenant and deputy chief to major. Ms. Moody touched on medical insurance and the pension plan, remarking that it is another year of zero percent healthcare increases. She highlighted expenses, such as building maintenance, u�li�es, gas and diesel fuel, legal services, and so on, no�ng that the majority of expenses are in the public works and police departments. Ms. Moody next discussed capital improvements, budgeted at $3,368,100. This includes dimmable ligh�ng and a hot water heater/circula�on system replacement at the armory. It also includes door replacements at the public works buildings and the Rockfield Manor Barn improvement. Ms. Moody further discussed capital improvement expenditures at Homestead and Plumtree Parks and at Burns Alley. Thomas and George Streets improvements, Wayfinding Graphics funding, and police department vehicle replacements are further capital improvement projects. Ms. Moody also men�oned five street construc�on projects and vehicle replacements at the public works department that fall in this category. She delineated which projects will be funded through ARPA and which will be funded via the Capital Reserve. Ms. Moody then discussed the Debt Service for FY25 at $617,529. She said there is only a slight increase of $2,643 from FY24 because the town has not taken on any new debt. She specifically noted that $407,422 represents principal and interest payments on the police department/town hall renova�on and expansion project. The financing is a 30-year term at 2.673%. Ms. Moody detailed the breakdown of community support, which totals $391,404. She said the largest recipients are the Downtown Alliance, the fire company, and the Parks and Recrea�on Commitee. She noted that besides the financial dona�ons, the town does provide a large amount of in- kind support to these organiza�ons. Ms. Moody next went over the revenues for FY25. The total revenues for FY25 will be $19,445,128, an increase of $964,113 or 5.2%, the same as expenditures. Ms. Moody indicated that property taxes at 49.3%, real and personal, are the largest revenue stream followed by grants (21.2%) and state shared taxes (16.8%). She said that the real property tax rate and the personal property tax rate are proposed to remain the same. Ms. Moody said that income taxes are projected to increase by 2%, and she outlined the budgeted revenues from the highway user fund and the police protec�on grant. Under licenses and permits, cable TV franchise, Ms. Moody said this budget item con�nues to decline yearly. For grants, Ms. Moody reviewed revenues from the Harford County tax rebate, ARPA, and Harford County stormwater management. Miscellaneous items included armory rental fees, red light camera fines, and interest on investments. Ms. Moody said $175,000 will be transferred from the capital reserve 2 for capital projects. She said $703,202 will be transferred from parking and sewer funds to reimburse the general fund for employee salaries, benefits, and overhead needed to operate those funds. Ms. Moody confirmed for Commissioner Taylor that the decrease in franchise fees is atributable to the rise in streaming services. Ms. Moody said she would get back with Chair E�ng regarding the average percentage of the merit and COLA increases for employees. She also assured Chair E�ng that this presenta�on would be posted on the town’s website and emailed to commissioners. In answer to Chair E�ng, employees contribute 5.9% to the benefit plan, and sworn officers contribute 10%. VI. NEW BUSINESS A. Resolu�on 1228-24 Fiscal Year 2025 Budget Tenta�ve Budget Commissioner Taylor mo�oned that the proposed Resolu�on 1228-24, providing for the adop�on of a tenta�ve budget for the Town of Bel Air for fiscal year 2025 be adopted by the Board of Town Commissioners. Commissioner Chance seconded the mo�on. Commissioner Rutledge made a mo�on to amend Resolu�on 1228-24 as follows. 1. Remove from the Capital Projects of Planning and Zoning the Burns Alley project as set forth in line 1-1435-0808 of the budget detail. 2. Increase the expenses of economic development by $3,500 by changing the Mainstream Marke�ng budget as set forth in line 1-1436-0317 of the budget detail from $16,500 to $20,000. 3. Increase the volunteer fire company contribu�on under Public Safety by $5,000 by changing the contribu�on for the Bel Air Fire Volunteer Company as set forth in line 1-1460-0280 of the budget detail from $169,889 to $174,889. 4. Add the following nota�on to line 1-1470-0514 Equipment and Firearms of the budget detail of the Police Department: “($8,500 from ARPA to fund salaries/benefits to enable those funds to assist paying for these).” Commissioner Chizmar seconded the mo�on. Commissioner Rutledge provided perspec�ve on his amendment. Because the commissioners have to make determina�ons about ARPA money, he did not want to introduce this amendment at the end of the budget process as is customary. He elected to remove the Burns Alley project because his focus is on infrastructure and public safety, neither of which are addressed in the Burns Alley project. Commissioner Rutledge said the increase of $3,500 to the Mainstream Marke�ng budget may seem minor, but he felt that the alliance’s work is crucial to the town. He said the fire company is absolutely essen�al to the town and he felt the town can and should fully fund the fire company. Commissioner Rutledge said it is a number one priority for cons�tuents. In reference to the added nota�on, he felt that using the $8,500 from ARPA to fund the equipment and firearms of the Police Department would be a sa�sfactory way to free up the money for this amendment. Ms. Thompson reminded the commissioners that, according to the charter, they have a duty to protect the town and pass a balanced budget. She said if the budget were passed with this amendment, it would not be balanced. Ms. Moody interjected that, based on the procedures outlined in Commissioner Rutledge’s amendment, the budget would be balanced. Commissioner Taylor asked Commissioner Rutledge two ques�ons. 1. Why specifically remove Burns Alley at half a million when roughly $2.4 million must be cut? 2. Is this addi�onal money to the alliance and fire company a one-�me boost? Specifically, what about next year’s budget? Commissioner Rutledge said, in reference to the second ques�on that this is an isolated year where the town can make a small dedica�on of money to the fire company and the alliance through ARPA in recogni�on of their value to 3 the community. As for Burns Alley, Commissioner Rutledge said he has reviewed the project and talked to cons�tuents, and there are strong feelings against the project. Commissioner Chance cau�oned against doing the amendment at this �me. She said they have a lot more work to do and issues to consider. Addressing this amendment tonight would be premature. Chair E�ng agreed that she, too, cannot support the Burns Alley project. She said that business owners are opposed to the project because of concerns about back-alley access. She does understand the importance of this part of town to the alliance and the Economic Development Commission, thus she would support a “refresh” or “spruce up” but not at the proposed costs. Chair E�ng found it hard to disagree with fully funding the alliance and the fire company, par�cularly when considering the fire company’s current financial challenges. She urged a careful considera�on of the ARPA projects at a specially designated budget mee�ng. She felt ARPA money should be spent on capital improvements. Commissioner Rutledge made a mo�on to table the mo�on. Commissioner Taylor seconded the mo�on. Mr. Krantz asked for a vote to lay Commissioner Rutledge’s mo�on to amend Resolu�on 1228-24 on the table for poten�al future considera�on. Ayes: Commissioners Rutledge, Chizmar, Taylor, Chance, E�ng. Nays: None. Mo�on carried 5-0. Mr. Krantz asked for a vote on Resolu�on 1228-24, the tenta�ve budget for FY2025. Ayes: Commissioners Chizmar, Taylor, Chance, E�ng. Nay: Commissioner Rutledge. Mo�on carried 4-1. Commissioners, Mr. Hopkins, and Ms. Thompson then carefully discussed whether Commissioner Rutledge could say “present” rather than “nay” as he had ini�ally elected to do. Commissioner Taylor clarified that members who refuse to vote mark their presence by saying “present.” Ms. Thompson said “aye” or “nay” is needed for a budget vote and an “absten�on” would not be acceptable. Mr. Rutledge clarified why he ini�ally wanted to vote “present.” He said he is largely in support of the budget but did not want to go on the record vo�ng for a budget with the Burns Alley project in it. Mr. Hopkins said he had not heard the use of “present” before and apologized for his misunderstanding. Commissioner Taylor made a mo�on to reconsider the vote in order to nullify the previous vote on the tenta�ve budget and allow for further delibera�on and another vote. Commissioner Rutledge seconded the mo�on. Mr. Krantz asked for a vote to reconsider the vote. Ayes: Commissioners Rutledge, Chizmar, Taylor, Chance, E�ng. Nays: None. Mo�on carried 5-0. Commissioner Taylor made a mo�on to vote on Resolu�on 1228-24. Commissioner Chizmar seconded the mo�on. Mr. Krantz asked for vote on Resolu�on 1228-24 to approve the tenta�ve budget for FY25. Ayes: Commissioners Chizmar, Taylor, Chance, E�ng. Present: Commissioner Rutledge. Mo�on carried 4-1. 1. Public Comments There was no public comment. B. Ordinance 828-24 Amending Bel Air Town Code Chapter 246. Historic Preserva�on Commissioner Rutledge made a mo�on that Ordinance No. 828-24 revising Chapter 246, Historic Preserva�on be received by the Board of Town Commissioners. Commissioner Chizmar seconded the mo�on. 4 Mr. Small provided background on this ordinance. The ordinance proposes that any appeals to the Historic Preserva�on Commission (HPC) be heard by the Circuit Court, the same procedure as with the Planning Commission. This proposed change will require the HPC to keep an audio record and adopt updated powers and du�es. Mr. Small said the public hearing will be on May 6. Chair E�ng made a mo�on to amend the ordinance. On page 1, she said the following sentence should be amended to read as follows: “The Bel Air Town Code is hereby amended to clarify the right to appeal in Sec�on 246-09 to read as follows…” Commissioner Taylor seconded the mo�on. Mr. Krantz asked for a vote to amend Ordinance 828-24 to change the sentence from a need for a quorum to a right to appeal. Ayes: Commissioners Rutledge, Chizmar, Taylor, Chance, E�ng. Nays: None. Mo�on carried 5- 0. 1. Public Comments There was no public comment. C. Ordinance 829-24 Amending Bel Air Town Code Chapter 165, Ar�cle II, Ar�cle V, and Ar�cle XII, Historic Preserva�on Commissioner Rutledge made a mo�on that Ordinance 829-24 revising Town Code, Chapter 165, Ar�cle II, Ar�cle V, and Ar�cle XII related to Historic Preserva�on be received by the Board of Town Commissioners. Commissioner Chizmar seconded the mo�on. Mr. Small said the informa�on for this ordinance is similar to 828-24, but with a different chapter. Mr. Krantz asked for a vote for receipt of Ordinance 829-24 for a public hearing and poten�al vote on May. 6. Ayes: Commissioners Rutledge, Chizmar, Taylor, Chance, E�ng. Nays: None. Mo�on carried 5-0. 1. Public Comments There was no public comment. VII. PUBLIC ANNOUNCEMENTS The Cultural Arts Commission will meet on Wednesday, April 17. The Harford County Plein Air Pain�ng and Art Exhibi�on is scheduled for this week at the armory. The Bel Air Downtown Alliance will host a spring community cleanup event, Bel Air Cleanup Day on Saturday, April 20. Also on Saturday, April 20 will be the Walk in Her Shoes event sponsored by SARC, the Farmer’s Market, and the Bel Air Rec Council Opening Day Baseball ceremonies. The HPC will meet on Thursday, April 25. The Board of Town Commissioners budget work sessions will be April 23, April 30, May 9, and May 14. First Fridays will begin Friday, May 3. The Songwriter Centenary lecture series starts Monday, May 6 at the armory. VIII. PUBLIC COMMENTS David Anderson, Media and Public Rela�ons Specialist, said the Bel Air Cleanup Day is from 10 am to 1 pm. IX. COMMISSIONERS’ COMMENTS 5 Commissioner Taylor gave props and kudos to the public works department who responded to a situa�on with the fire company promptly, professionally, and very effec�vely. He appreciated the department’s hard work. He also detailed the fine a�ernoon he spent with former governor Larry Hogan giving him a tour of Bel Air’s Main Street. Chair E�ng, too, thanked the public works department for all its hard work. She also men�oned her concern for the use of rubberized surfaces on playgrounds in the budget. She noted the greater expense and the high surface temperatures, specula�ng whether it would be wise to wait to see how these surfaces withstand use before installing more. Chair E�ng also received support from all commissioners for their endorsement of the Downtown Alliance’s poten�al Project Restore Grant. Commissioner Chizmar thanked the public works department, Mr. Krantz, and Kris�ne Reinhardt for their efforts toward a very successful Kite Day event. Commissioner Rutledge advised taking the comments from the fire company cri�cizing the Department of Public Works “with a grain of salt” and expressed his full support for the public works department. Commissioner Chance thanked the other department heads, besides the police and public works departments, for all of their hard work and dedica�on. Commissioner Taylor mo�oned to move the mee�ng into closed session. Commissioner Chance seconded the mo�on. Commissioner Taylor read the reasons for the closed session as listed below. Mr. Krantz asked for roll call: Ayes: Commissioners Chizmar, Rutledge, Taylor, Chance, E�ng. Nays: None. Mo�on carried 5-0. Chair E�ng stated that the mee�ng would not return to open session. The mee�ng closed at 8:07 pm. X. 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). B. Topics of Discussion: 1. Interview Planning Commission Candidates for Appointment 2. Discuss the Appointment of Candidates to the Planning Commission C. Reasons 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 XII. ADJOURNMENT Commissioner Taylor mo�oned to adjourn the mee�ng. Commissioner Chance seconded the mo�on. All in favor. The mee�ng adjourned at 8:53 pm. 6 APPROVED: May 6, 2024 Signature on file _____________ Paula S. E�ng, Chair Board of Town Commissioners Signature on file_____________ Michael L. Krantz, Town Clerk 7

Agenda

Bel Air Board of Town Commissioners Town Hall Meeting Agenda April 15, 2024, at 7:00 PM Bel Air Town Hall 39 N. Hickory Ave., Bel Air, MD 21014 YouTube Live Stream 1. CALL TO ORDER 2. PLEDGE OF ALLEGIANCE 3. APPROVAL OF AGENDA 4. APPROVAL OF MINUTES 5. PUBLIC HEARING a. Resolution 1227-24 Town Administrator’s Fiscal Year 2025 Budget 6. NEW BUSINESS a. Resolution 1228-24 Fiscal Year 2025 Budget Tentative Budget i. Public Comments b. Ordinance 828-24 Amending Bel Air Town Code Chapter 246. Historic Preservation. i. Public Comments c. Ordinance 829-24 Amending Bel Air Town Code Chapter 165, Article II, Article V, and Article XII, Historic Preservation. i. Public Comments 7. PUBLIC ANNOUNCEMENTS 8. PUBLIC COMMENTS 9. COMMISSIONER’S COMMENTS 10. CLOSED SESSION a. This meeting will be closed under the provisions of the Maryland Open Meetings Act General Provisions Art. § 3-305(b)(1) b. Topics of Discussion i. Interview Planning Commission candidates for appointment. ii. Discuss the appointment of candidates to the Planning Commission. c. Reasons for Closed-Session Discussion of Above Topics i. Because public discussion of candidates’ names, qualifications, experience, and background could discourage people from volunteering for public service or compromise their privacy rights. 11. ADJOURNMENT Bel Air Board of Town Commissioners Agenda April 15, 2024 Ordinance No. 828-24 Chapter 246, Historic Preservation RECOMMENDED MOTION: “…that Ordinance No. 828-24, revising Chapter 246, Historic Preservation be received by the Bel Air Board of Town Commissioners.” 1. BACKGROUND Historic Preservation in local government is enabled through legislation found in Title 8 of the Land Use Article of the Annotated Code of Maryland. This article, in part, provides for Appeals of Historic Preservation Commission (HPC) decisions as being the same process as from the Planning Commission which is to Circuity Court. 2. PRIMARY ISSUES The following changes to Chapter 246 Historic Preservation of the code were reviewed by the Historic Preservation Commission and the Planning Commission: • Clarification of Chapter 246-09 outlining that any Designated Historic Property Owner can the appeal a decision of the Historic Preservation Commission through the Circuit Court of Harford County 3. DISCUSSION/EXPLANATION This action will require the Historic Preservation Commission to keep an audio record and adopt updated Powers and Duties and keep all applicable regulations current. 4. RECOMMENDATION The staff recommends Ordinance No. 828-24, amending Section 246-9, Historic Preservation be received by the Bel Air Board of Town Commissioners. Bel Air Board of Town Commissioners Agenda April 15, 2024 Ordinance No. 829-24 Chapter 165, Article II, Article V, and Article XII RECOMMENDED MOTION: “…that Ordinance No. 829-24, revising Town Code, Chapter 165, Article II, Article V, and Article XII related to Historic Preservation be received by the Bel Air Board of Town Commissioners.” 1. BACKGROUND Historic Preservation in local government is enabled through legislation found in Title 8 of the Land Use Article of the Annotated Code of Maryland. This article provides for Appeals of Historic Preservation Commission (HPC) decisions as being the same process as from the Planning Commission which is to Circuit Court. 2. PRIMARY ISSUES The following changes to Chapter 165, Article II, Article V, and Article XII pertaining to Historic Preservation of the code were reviewed by the Historic Preservation Commission and the Planning Commission: • Clarification of Chapter 165 Sections 12, 41 & 91 outlining that any Designated Historic Property Owner can the appeal a decision of the Historic Preservation Commission to the Circuit Court of Harford County 3. DISCUSSION/EXPLANATION This action will require the Historic Preservation Commission to keep an audio record and adopt updated Powers and Duties and keep all applicable regulations current. 4. RECOMMENDATION The staff recommends Ordinance No. 829-24, amending Sections 165-12, 165-41, and 165-91, Historic Preservation be received by the Bel Air Board of Town Commissioners.

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