Board of Town Commissioners

MINUTES BEL AIR BOARD OF COMMISSIONERS TOWN HALL MEETING September 16, 2024 The Board of Commissioners Town Hall Mee�ng was held on September 16, 2024, at 7:00 pm. PRESENT: Commissioner Paula S. Etting, Chair Commissioner Mary F. Chance Commissioner Steven T. Chizmar Commissioner James B. Rutledge, III (via telephone) Commissioner Jakob D. Taylor IN ATTENDANCE: Edward Hopkins, Town Administrator David Hughes, Deputy Chief of Police Stephen Kline, Director of Public Works Michael Krantz, Director of HR & Administration Angela Robertson, Director of Economic Development Kevin Small, Director of Planning Elizabeth Thompson, Town Counsel Pamela Wockenfuss, Deputy Director of Finance 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 ALLIEGANCE 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 Commissioner Chizmar mo�oned that the minutes of the Board of Commissioners’ mee�ngs held on August 27, 2024, open and closed sessions, and September 3, 2024, be approved as submited. Commissioner Chance seconded the mo�on. Mr. Krantz asked for a vote. August 27, 2024, mee�ngs: Ayes: Commissioners Rutledge, Chizmar, Taylor, Chance, E�ng. Nays: None. Mo�on carried 5-0. September 3, 2024, mee�ng: Ayes: Commissioners Chizmar, Taylor, Chance, E�ng. Absten�on: Rutledge. Mo�on carried 4 ayes, 1 absten�on. 1 V. NEW BUSINESS A. Ordinance 833-24 Amending Chapter 165. Comprehensive Plan and Development Regula�ons, Part 2. Zoning, Ar�cle II. Administra�on and Enforcement § 165-17. Economic and Community Development Commission Regarding Membership Commissioner Taylor mo�oned that Ordinance No. 833-24, amending Bel Air Town Code Chapter 165. Comprehensive Plan and Development Regula�ons, Part 2. Zoning, Ar�cle II. Administra�on and Enforcement § 165-17. Economic and Community Development Commission Regarding Membership be received by the Board of Town Commissioners. Commissioner Chizmar seconded the mo�on. Mr. Krantz said there is an inconsistency regarding ECDC membership in the town code. Sec�on 165- 17 fails to men�on that membership “shall consist of an odd number of members, but not fewer than five nor more than nine,” which is stated in § 10-5 of the code. Mr. Krantz said this ordinance proposes to remove any references to membership in § 165-17 and keep membership references as-is in § 10-5, thus aligning these sec�ons of the code. He said there will be a public hearing on Monday, October 7, 2024, for this ordinance. There was no public comment. Mr. Krantz asked for a vote to receive Ordinance 833-24. Ayes: Commissioners Rutledge, Chizmar, Taylor, Chance, E�ng. Nays: None. Mo�on carried 5-0. B. Contract for Construc�on Phase Services for the Shamrock Road Sanitary Sewer Pump Sta�on Upgrades Project Commissioner Chance mo�oned that the hourly labor rate bid of KCI Technologies, 1352 Marrows Road, Suite 100, Newark, DE 19711 as provided to and accepted by Howard County Government under Contract No. 4400004866 be u�lized by the town to enter into a contract to oversee the construc�on phase of the Shamrock Road Sanitary Sewer Pumping Sta�on in an amount not to exceed $41,000.00 be accepted by the Board of Town Commissioners. Commissioner Taylor seconded the mo�on. Mr. Kline said that KCI Technologies developed the design specifica�ons for the upgrades to the pumping sta�on. These specifica�ons served as the basis for the bids on the project. Mr. Kline said it is logical to have KCI’s engineers oversee the rehabilita�on to ensure the work meets their standards. Mr. Kline said this contract will piggy-back on a contract with Howard County government. He said the funding will be sourced from either the sewer fund or ARPA. Mr. Kline listed the numerous services that KCI will provide under this contract, including facilita�ng the pre-construc�on mee�ng, responding to requests for informa�on, providing technical assistance, atending monthly progress mee�ngs, and collabora�ng with town staff to ensure a quality rehabilita�on project. Mr. Kline clarified for Commissioner Chizmar that on a project that is this highly technical in nature, it is beneficial to have the company that designed it oversee the actual project, rather than doing it in- house. He also said the Maryland Department of the Environment requires that a project dealing with sanitary sewage be signed off by a professional engineer. He also confirmed for Commissioner Chizmar that he believes the cost will come in under $41,000 because of progress mee�ngs that may not need to be scheduled. There was no public comment. 2  Mr. Krantz asked for a vote on the contract for construc�on phase services for the Shamrock Road Sanitary Sewer Pump Sta�on upgrades project. Ayes: Commissioners Rutledge, Chizmar, Taylor, Chance, E�ng. Nays: None. Mo�on carried 5-0. C. Appointments to the Board of Elec�on Judges 1. Closed Session 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 a vote to move into closed session. Ayes: Commissioners Chizmar, Rutledge, Taylor, Chance, E�ng. Nays: None. The mee�ng closed at 7:11 pm. 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 i. To discuss the appointment of officials to the Board of Elec�on Judges c. Reason for Closed-Session Discussion of Above Topic i. 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. Reopen Session Commissioner Taylor mo�oned that the appointment of Wendy Ribbans to the Bel Air Board of Elec�on Judges for a term of four years, effec�ve immediately, be approved by the Board of Town Commissioners. Commissioner Chizmar seconded the mo�on. Mr. Krantz asked for a vote on the appointment of Wendy Ribbans to the Bel Air Board of Elec�on Judges. Ayes: Commissioners Chizmar, Rutledge, Taylor, Chance, E�ng. Nays: None. Mo�on carried 5-0. Commissioner Taylor mo�oned that the appointment of Ruth Oswald as an alternate to the Bel Air Board of Elec�on Judges for a term of four years, effec�ve immediately, be approved by the Board of Town Commissioners. Commissioner Chance seconded the mo�on. Mr. Krantz asked for a vote on the appointment of Ruth Oswald as an alternate to the Bel Air Board of Elec�on Judges. Ayes: Commissioners Chizmar, Rutledge, Taylor, Chance, E�ng. Nays: None. Mo�on carried 5-0. VI. MISCELLANEOUS A. Discuss Na�onal POW/MIA Recogni�on Day, Friday, September 20, 2024 Mr. Hopkins presented the commissioners with op�ons on how the town could celebrate this recogni�on day. He noted that it would be a �ght turnaround because the recogni�on day is this Friday. He described se�ng up a table with an empty se�ng, presen�ng a proclama�on to the American Legion/VFW, selec�ng a family to honor, or raising a POW/MIA flag at town hall. Mr. Hopkins said the proclama�on and honoring a family would have to occur a�er the September 20th date. Commissioners 3 all agreed that the flag would be the best, par�cularly because of the traffic on Hickory Ave. Mr. Hopkins said he would work with Mr. Krantz on procuring one. In answer to Commissioner Chance’s sugges�on, Mr. Krantz said he would post a message on the town’s website and Facebook in honor of this day. Mr. Hopkins assured commissioners that next year, he will put this remembrance day on the calendar for August in order to prepare earlier. B. Discuss Maryland State Board of Elec�ons Municipal Update Mr. Krantz said that he received two calls from the Harford County Board of Elec�ons that confirmed that they are no longer permited to help Bel Air, or any municipality, with municipal elec�ons. He said this decision was at the direc�on of the state board of elec�ons. He described how the town greatly relies on the county’s board of elec�ons for their equipment, protocols, and procedures, including training the town’s elec�on judges. Mr. Krantz said it would be very difficult to recreate this system on his own. He also thanked the county’s board of elec�ons for its assistance to the town over the past decades. He said this valuable partnership has ensured the integrity of the vo�ng process. Mr. Krantz said that Havre de Grace and Aberdeen received the same verbal no�ce. He said that MML is currently in discussions with the state board of elec�ons to work on the mater. He said he was sharing this informa�on to keep the commissioners informed. Mr. Krantz said that there are 150 municipali�es in Maryland, and not all of these municipali�es follow the Maryland annotated code for elec�ons (Bel Air does). He said the state board sees this issue as a liability. Mr. Krantz said no decisions have been made yet, and he is hopeful for the town’s elec�on in 2025. He again reiterated the difficulty of taking on the elec�on process without the assistance of the county’s board of elec�ons. Mr. Krantz said he contacted a company that supplies ballot machines and a technician, but he was concerned about the cost. He said hand coun�ng could be possible, but that process would take longer and would not provide the accustomed immediate results. Ms. Thompson said the state sent an email to local elec�ons boards saying they are no longer permited to assist municipali�es. She said her colleagues at the Maryland Municipal Atorneys Associa�on also confirmed that the state has withdrawn all assistance. Ms. Thompson said the consensus is that this ac�on is not based on law. She said local government ar�cle and elec�on law ar�cle do not say anything about assistance to municipali�es, except that local elec�ons boards are required to maintain voter laws. Ms. Thompson argued that if the law does not say municipali�es cannot receive assistance, it does not mean it is prohibited. She said municipali�es should be able to contract as they see fit. Ms. Thompson said there are various conversa�ons and theories about the reasoning behind this ac�on, and she believes it is a budget issue. Ms. Thompson further stated that the state’s current solu�on to the problem is to tell municipali�es that they have the right under statute to place their elec�ons on the state ballot but must do so eighteen months ahead of the deadline, which the town is now past. She added that there is no guarantee the state would even accept the town’s elec�on. She said that she and her colleagues have decided to submit a request for a writen opinion from the atorney general to determine if this ac�on is illegal. She confirmed for Chair E�ng that there is nothing in the local government ar�cle and elec�on law ar�cle that permits the state to provide assistance to municipali�es so the state board has determined that this is illegal—a posi�on that Ms. Thompson refutes. 4  In answer to Commissioner Taylor, she was unsure if this was voted on by the state board of elec�ons. Commissioner Taylor said that if MML cannot resolve it, the town should ask its state legislators to pass enabling legisla�on sta�ng that local elec�on boards can provide assistance. Ms. Thompson said it would be acceptable to enter in an MOU. Commissioner Taylor felt this decision will cause a “bipar�san uproar.” Ms. Thompson expressed her frustra�on and distress over how this situa�on has been handled. Chair E�ng was concerned about the integrity of local elec�ons. Mr. Krantz said such a change requires more than a year to resolve. Commissioner Taylor reported that the state board of elec�ons will meet tomorrow for an emergency closed session to receive legal advice. VII. PUBLIC ANNOUNCEMENTS Arts Across Harford con�nues with a living history performance of Georgia O’Keefe at the armory on Wednesday. The annual Community Collec�on event, which the town puts on in partnership with the Bel Air Lions, the Harford County Government, and Harford County Public Schools, will take place on September 21 in the Bel Air High School parking lot. The next Red Cross blood drive at the armory will be on September 24. The 18th annual Harford County Wine Fes�val is scheduled for September 28 at Rockfield Manor. The final First Friday of 2024, hosted by the Bel Air Downtown Alliance, will be on October 4. The Farmers Market con�nues through October. The Board of Appeals will meet on September 17. The Cultural Arts Commission will meet on September 18. The Commitee for Seniors and Ci�zens in Need will meet on September 25. The Historic Preserva�on Commission will meet on September 26. The Board of Town Commissioners will hold a work session on October 1 and a town hall mee�ng on October 7. The Planning Commission will not meet this month. Ms. Robertson reported that the living history performance sold out. She said the Dunnigan’s event has been postponed un�l April 5, 2025. VIII. PUBLIC COMMENTS There was no public comments. IX. COMMISSIONERS’ COMMENTS Commissioner Taylor thanked Mr. Krantz for all his diligent work on the different issues presented this evening. Chair E�ng said the MML dinner menu will be sent out tomorrow morning. She thanked the public works and police departments for their efforts during the Bel Air Fes�val for the Arts. Mr. Kline and Mr. Hopkins par�cularly thanked the leadership and hard work of the Bel Air Recrea�onal Commitee. Chair E�ng said she would like a discussion of the sign issue on the next work session agenda. She referred to contractors having materials on site and the accompanying signage. X. ADJOURNMENT Commissioner Chizmar mo�oned to adjourn the mee�ng. Commissioner Chance seconded the mo�on. All in favor. The mee�ng adjourned at 8:15 pm. APPROVED: October 7, 2024 5  Signature on file _____________ Paula S. E�ng, Chair Board of Town Commissioners Signature on file_____________ Michael L. Krantz, Town Clerk 6