Board of Town Commissioners

MINUTES BEL AIR BOARD OF COMMISSIONERS TOWN HALL MEETING October 21, 2024 The Board of Commissioners Town Hall Mee�ng was held on October 21, 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 Charles Dawson, Deputy Director of Public Works Edward Hopkins, Town Administrator Michael Krantz, Director of HR & Administration Charles Moore, Chief of Police Angela Robertson, Director of 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 voted on the agenda. Ayes: Commissioners Rutledge, Chizmar, Taylor, Chance, E�ng. Nays: None. Mo�on carried 5-0. IV. APPROVAL OF MINUTES Commissioner Taylor mo�oned that the minutes of the Board of Commissioners’ mee�ngs held on October 1, 2024, and October 7, 2024, be approved as submited. Commissioner Chizmar seconded the mo�on. Mr. Krantz asked for a voted on the minutes of October 1 and October 7, 2024. Ayes: Commissioners Rutledge, Chizmar, Taylor, Chance, E�ng. Nays: None. Mo�on carried 5-0. 1 V. PRESENTATIONS A. Cer�ficate of Recogni�on to Rabbi Schusterman for the Groundbreaking of Harford Haven Chabad Chair E�ng reported that Rabbi Schusterman could not atend tonight’s mee�ng and the presenta�on will be rescheduled. B. Economic Development Week Proclama�on Chair E�ng said this week is Economic Development Week. She stated that she and the other commissioners have been visi�ng long-�me town businesses, including Harford Cleaners, which has been in existence for 100 years. Chair E�ng read the proclama�on. The proclama�on cited the important work of the Economic Development Associa�on and the town’s role in this associa�on. The proclama�on further described Bel Air as an important component to the economic success of the state and the commissioners’ gra�tude for the town’s numerous economic rela�onships. The proclama�on recognized October 21 to 25, 2024 as Economic Development Week to acknowledge the importance of business development and partnerships locally and statewide. Ms. Robertson thanked the commissioners for recognizing this week. She detailed the mul�ple organiza�ons that work together to strengthen Bel Air, including the Harford County Chamber of Commerce and the Downtown Alliance. Ms. Robertson said the businesses in town strive to stand out and remain compe��ve. She said that this week, Harford Cleaners’ milestone of 100 years in business will be recognized. She also expressed apprecia�on for her team in the Economic Development office. Chair E�ng detailed the history of Harford Cleaners and how the company created a niche business in order to persist and succeed. V. NEW BUSINESS A. Ordinance 835-24 Repealing Ordinance 815-23 Amending Bel Air Town Code Chapter 37 Elec�ons - § 37-21 Defini�ons and § 37-6 General Elec�ons Subsec�on C. Filing of Cer�ficate of Candidacy and Adding § 37-26 Campaign Finance Repor�ng and § 37-27 Limita�on and Use of Campaign Contribu�ons Commissioner Chizmar mo�oned that Ordinance 835-24, which repeals Ordinance 815-23 in its en�rety, and prevents it from becoming effec�ve, halts its implementa�on, and ensures that Ordinance 815-23 will neither take effect nor be adopted or codified into the town code, be accepted by the Board of Town Commissioners. Commissioner Rutledge seconded the mo�on. Mr. Krantz said that the town code does not have regula�ons governing campaign finance. He said that Ordinance 815-23 was introduced in August 2023, enacted in September 2023, and has a delayed effec�ve date of January 1, 2025. Consequently, Mr. Krantz said codifica�on has not yet occurred. Mr. Krantz said a public hearing on Ordinance 835-24 is scheduled for November 18, 2024. There was no public or commissioner comment. Mr. Krantz asked for a vote to receive Ordinance 835-24. Ayes: Commissioners Rutledge, Chizmar, Taylor, Chance, E�ng. Nays: None. Mo�on carried 5-0. 2 B. Bel Air Police Department Patrol Vehicle Accessory Package Purchase Commissioner Rutledge mo�oned that the bid from Global Public Safety Corpora�on (GPS) for the purchase of patrol vehicle accessory packages and installs for two marked and one unmarked 2025 Ford Explorer SUV AWD Interceptors in the amount of $62,268.60 be accepted by the Board of Town Commissioners. Commissioner Chance seconded the mo�on. Chief Moore described GPS and lauded its creden�als. He said that the purchase and installa�on of the accessory packages are required for the three replacement vehicles. Chief Moore listed the accessories, including radio consoles, interior and exterior light bars, sirens, grill lights, prisoner cages, and so on. He said that GPS will also do the installa�on. Chief Moore said this contract is a piggyback on a contract with Prince George’s County Government. Chief Moore also noted that the cost is lower than the budgeted amount of $78,000. Commissioner Taylor thanked Chief Moore for protec�ng “ci�zens and their pocketbooks.” There was no public comment. Mr. Krantz asked for a voted on the Bel Air Police Department patrol vehicle accessory package purchase. Ayes: Commissioners Rutledge, Chizmar, Taylor, Chance, E�ng. Nays: None. Mo�on carried 5- 0. C. Sanitary Sewer System Root Control Contract Commissioner Chance mo�oned that the bid from Duke’s Root Control, Inc., located at 400 Airport Road, Suite E, Elgin, IL, 60123, for the applica�on of a specialized chemical root control agent to address tree root intrusions in sewer lines, as submited to and approved by the Houston-Galveston Area Council, Houston, TX, 77027, for a project cost not to exceed $37,100.00 be accepted by the Board of Town Commissioners. Commissioner Taylor seconded the mo�on. Mr. Dawson provided background on tree root intrusion into sewer lines and how it can cause backups and damage to the lines. He said that the contract will piggyback on a contract between the Houston-Galveston Area Council and Duke’s Root Control. He said that the company is highly regarded in the industry and has worked with the town in the past. Mr. Dawson said $35,000 has been allocated in the budget for this contract and any addi�onal costs will be addressed through a mid-year budget adjustment. Mr. Dawson said the area of work will be the Howard Park and Bradford Village neighborhoods along with the Crocker Street area. Commissioner Chizmar asked if this treatment covers the area from the cleanouts to the 8-inch mains. Mr. Dawson replied that this treatment only treats and guarantees the mains. He said the lateral areas are addressed via a three-year maintenance schedule. There was no public comment. Mr. Krantz asked for a voted on the sanitary sewer system root control contract. Ayes: Commissioners Rutledge, Chizmar, Taylor, Chance, E�ng. Nays: None. Mo�on carried 5-0. D. Legal Services Retainer Agreement Commissioner Taylor mo�oned that the legal services retainer agreement between the Town of Bel Air and Stark and Keenan, P.A., for a period from July 1, 2024, through June 30, 2027, with an opportunity to extend for an addi�onal two fiscal years at the discre�on of the Town Administrator, be approved by the Board of Town Commissioners. Commissioner Chizmar seconded the mo�on. 3  Mr. Hopkins said that Stark & Keenan, P.A. has been the town’s atorneys of record since the mid- 1970s. He said that the rela�onship was essen�ally a “hand-shake agreement” and a�er Charles Keenan’s re�rement in May 2023, Ms. Thompson was appointed to represent the town. He stressed the need at that �me of an atorney for ongoing li�ga�on. Mr. Hopkins said that a retainer was established for one year to address the li�ga�on. He noted that the town’s need for an atorney remains acute and Stark and Keenan has the specific municipal exper�se required in such areas as development regula�ons, Board of Appeals, planning and zoning, and historic preserva�on. He said that previously staff had handled many legal issues but as the issues became complicated and the legal documents more complex, legal reviews were required by an atorney. Mr. Hopkins said he opted for a more detailed retainer with a longer service period of three years for con�nuity of opera�ons. Mr. Hopkins pointed out two different items from the previous retainer. First, he said the fee schedule has been adjusted to reflect periodic increases from $275 per hour to $325 per hour by the conclusion of the contract. He noted that the op�onal addi�onal two years of the contract will con�nue at $325 per hour. Mr. Hopkins felt these rates were very fair. Mr. Hopkins said the other change is the three-year contract with the op�on of two more years for con�nuity. Chair E�ng said she appreciated that “there is an out for both sides” in the contract. She noted that on page 5 of the retainer it states that Ms. Thompson shall serve as the town atorney at the discre�on of the commissioners, but the extension of the retainer would be decided by Mr. Hopkins. Ms. Thompson said that Mr. Hopkins requested the provision for the renewal, but if the commissioners did not want Ms. Thompson to con�nue to serve, they have the op�on to terminate and not renew. She said she serves at the discre�on of the commissioners. Chair E�ng reiterated that her issue is that Mr. Hopkins has the ability to sign the contract and the renewal, but the commissioners have the ability to appoint. Ms. Thompson explained that if the commissioners do not appoint her, that is a termina�on. She added that if she were unavailable, her staff remains fully informed on the town’s legal issues. Commissioner Rutledge said that in his experience, the rates for atorney’s fees in the retainer are very reasonable. He said that Stark and Keenan’s exper�se with municipal law interlaid with its understanding of the state cons�tu�on is a specialized area that would be difficult to find elsewhere, especially at those rates. There was no public comment. Mr. Krantz asked for a voted on the legal services retainer agreement. Ayes: Commissioners Rutledge, Chizmar, Taylor, Chance, E�ng. Nays: None. Mo�on carried 5-0. VI. PUBLIC ANNOUNCEMENTS Chair E�ng said that Trick or Trea�ng in Downtown Bel Air will take place on October 26. The second round of fall dance lessons at the armory begins on October 28. The sessions run for six weeks and openings remain. The Authors and Ar�sts Holiday Gi� Sale will take place on November 2 at the armory. The event is sponsored by the Cultural Arts Commission and the Bel Air Arts & Entertainment District with support from the Maryland State Arts Council. The Commitee for Seniors and Ci�zens in Need will meet on October 23. The Historic Preserva�on Commission will meet on October 24. The Board of Town Commissioners will hold a work session on October 29 and a town hall mee�ng on November 4. 4 VII. PUBLIC COMMENTS David Anderson, Media and Public Rela�ons Specialist, added to the public announcements that Prescrip�on Drug Take-Back Day will occur on October 26 at the police department. He also announced that early vo�ng will take place from October 24 to October 31 at the McFaul Center. VIII. COMMISSIONERS’ COMMENTS Chair E�ng said the Harford-Cecil mee�ng at Rockfield Manor was a success and she thanked staff for their work on this event. Commissioner Taylor said the town received rave reviews from long distance travelers. IX. CLOSED SESSION Commissioner Chizmar mo�oned to move the mee�ng into closed session. Commissioner Chance seconded the mo�on. Commissioner Chizmar 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. Mr. Krantz said the mee�ng would not return to open session. The mee�ng closed at 7:39 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 1. To discuss the appointment of officials to the Board of Appeals and the Historic Preserva�on 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 X. ADJOURNMENT Commissioner Taylor mo�oned to adjourn the mee�ng. Commissioner Rutledge seconded the mo�on. All in favor. The mee�ng adjourned at 8:07 pm. APPROVED: November 4, 2024 Signature on file _____________ Paula S. E�ng, Chair Board of Town Commissioners Signature on file_____________ Michael L. Krantz, Town Clerk 5