Board of Town Commissioners

MINUTES BEL AIR BOARD OF COMMISSIONERS WORK SESSION MEETING NOVEMBER 12, 2024 The Board of Commissioners Work Session Mee�ng was held on November 12, 2024, at 5:15 pm. PRESENT: Commissioner Paula S. Etting, Chair Commissioner Mary F. Chance Commissioner James B. Rutledge, III Commissioner Jakob D. Taylor IN ATTENDANCE: David Anderson, Media & Public Relations Specialist 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 Kevin Small, Director of Planning Jane Sudbrink, Recording Secretary ABSENT: Commissioner Steven T. Chizmar I. CALL TO ORDER Chair E�ng called the mee�ng to order at 5:15 pm and read the roll call of commissioners. II. APPROVAL OF AGENDA Commissioner Chance mo�oned to approve the agenda. Commissioner Taylor seconded the mo�on. Mr. Krantz asked for a vote on the agenda. Ayes: Commissioners Rutledge, Taylor, Chance, E�ng. Nays: None. Mo�on carried 4-0. III. TOWN ADMINISTRATOR’S REPORT Mr. Hopkins reported that the Downtown Alliance held its annual town clean-up on November 9. He said that there were over 200 volunteers who collected 1,440 pounds of trash. He noted that larger, bulk items were picked up in the downtown area, including shopping carts and discarded concrete. 1 IV. TENTATIVE AGENDA FOR TOWN MEETING (Monday, November 18, 2024, at 7:00 pm, Bel Air Town Hall) A. Presenta�ons 1. Small Business Saturday Proclama�on Presented to Jenny Erhard from Bel Air Downtown Alliance Ms. Robertson said the commissioners will present a proclama�on to the Downtown Alliance declaring Saturday, November 30 as Small Business Saturday. Ms. Robertson described this na�onwide ini�a�ve, which encourages the community to shop at local, small businesses thereby promo�ng economic growth and vitality in small towns. Ms. Robertson said the town takes great pride in its small businesses as a state-designated, Main Street Maryland community. 2. Proclama�on for Municipal Government Works Month Mr. Krantz said this is an annual event sponsored by the Maryland Municipal League. He said that during the month of November, Maryland municipali�es celebrate municipal workers and the services they bring to their communi�es. 3. Appearance and Beau�fica�on Commitee Yearly Awards Presenta�on Mr. Kline said the commitee will present its annual awards for the most beau�ful residen�al home and business. In addi�on, the commitee will present the Phoenix Award for the homeowners who have gone to great effort to improve the look of their home. B. Public Hearing 1. Ordinance 835-24 Repealing Ordinance 815-23 Amending Bel Air Town Code Chapter 37 Elec�ons - § 37-1 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 Mr. Krantz said this ordinance will effec�vely repeal Ordinance 815-23 passed last year with a delayed effec�ve date of January 1, 2025. He said that repealing this ordinance will cancel code amendments on campaign finance repor�ng and contribu�ons. Mr. Krantz confirmed for Chair E�ng that with the passing of Ordinance 835-24, there will be no changes to the code; it will read as it does currently. C. Unfinished Business 1. Ordinance 835-24 Repealing Ordinance 815-23 Amending Bel Air Town Code Chapter 37 Elec�ons - § 37-1 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 D. New Business 1. Elec�on of Chair and Vice Chair 2  Chair E�ng said Ms. Thompson is required to atend this por�on of the mee�ng. 2. Verizon Wireless Contract Mr. Krantz said this contract was approved two years ago. He reported that the town issues approximately 110–115 cell phones for ac�ve use. He said this contract will ask the board to approve 125 cell phones, allowing more leeway for cell phone use and issuance. Mr. Krantz said the contract will not exceed $72,963.00. He stated that the contract will piggyback on a compe��vely bid GSA contract. V. STAFFING UPDATE A. Review Term Expira�on Dates of Boards, Commitees, and Commissions Mr. Krantz reported that the candidate for the laborer posi�on is going through the background check process. He also said that there are candidates currently going through human resources processing for the police department. He noted that there are no open posi�ons posted for the town. Mr. Krantz referred to the Commitee Posi�ons handout that he had updated to include posi�ons expiring through spring 2025. Chair E�ng reported that Debra Hanley would like to con�nue on the Commitee for Seniors and Ci�zens in Need. She also said that Mike Simini would like to con�nue on the Tree Commitee and asked that Mr. Krantz provide him with the necessary renewal informa�on. Commissioner Taylor said he emailed Kristy Sudbrink with the renewal informa�on for the Appearance and Beau�fica�on Commitee. He said he believes she will want to con�nue on the commitee. Commissioner Chance said that Peg Lucas has put in her applica�on for the Cultural Arts Commission. Mr. Small updated the commissioners on the Board of Appeals. He said that Shannon Abel has put in his resigna�on. Commissioner Rutledge said that a member of the public had formerly inquired about the posi�on that was just filled by Patrick Richards. Mr. Krantz agreed to inform this person that there is another vacancy, as well as refresh the Board of Appeals posi�on opening on social media. VI. CALENDAR Chair E�ng asked about scheduling for the Bel Air Academy. Mr. Hopkins replied that it will be scheduled for the end of January and he will inform the commissioners on the exact date. Commissioner Taylor expressed concern about the �ght turnaround for January 21 where there is a Board of Appeals scheduled for 6 pm and a town hall mee�ng at 7 pm. Mr. Small said the Board of Appeals tends to meet infrequently but he will keep this in mind for January. Chair E�ng said this has been a poten�al issue in the past that has fortunately not yet been realized. VII. MISCELLANEOUS A. Discuss Bel Air Sesquicentennial Time Capsule Sealing Ceremony Planned for 12/16/24 Chair E�ng expressed her apprecia�on for the appearance of the box, including the paint and the engraved decal. Mr. Krantz said this sealing ceremony is planned to be the culmina�ng event of the Bel Air 150 celebra�on. He said the ceremony will also include distribu�on of cer�ficates of recogni�on to the many people who worked on the Bel Air 150 celebra�on, including Julia Potler, individuals on the Bel Air 150 commitee, and the logo designer. Mr. Krantz said he was open to further sugges�ons for the 3 ceremony such as speeches and other invitees. He said he will promote the ceremony via social media so that town ci�zens could also atend. Mr. Krantz and commissioners also reminded everyone to get in their final submissions for the �me capsule. B. Discuss 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. Small provided background on this resolu�on. He said this is the third extension. Mr. Small said that the code allows temporary use of tents for six months and temporary use permits for thirty days. This resolu�on overrode those requirements due to the pandemic and is now set to expire in March. He noted that any business currently u�lizing these allowances would have to bring their property up to code at that �me. Commissioner Taylor asked Mr. Small about the county’s procedures as compared to the town’s. Mr. Small said that for the pandemic, the county changed its code to allow for outdoor dining temporary uses and put in a sunset provision that would have the code revert back to its original form. He said the town did not change its code, rather it handled the outdoor dining through temporary use and tent permits. Mr. Small said he believed that the county had extended its code changes un�l the end of 2025, and the county could make its changes permanent. Mr. Small explained how the town’s resolu�on for temporary use has worked in prac�ce. Commissioner Taylor expressed concern that the town’s regula�ons could be out of step with the county’s regula�ons on this issue. Mr. Small said he would work with Mr. Kline to iden�fy what the county allows through their code changes and how their regula�ons compare with the town’s needs. He noted that the town is more urban and denser so the county is dealing with different issues. In answer to Commissioner Chance, Mr. Small said that Independent Brewing Company (IBC) is now the only business making use of the allowances in this resolu�on. He explained that businesses like Sunny Day Café, which have dining on sidewalks, fall under different code regula�ons (they are opera�ng on property that they do not own). Commissioner Chance cau�oned that they need to think about the impact on IBC’s business when considering this resolu�on. She advised a reasonable approach that would allow IBC to con�nue to operate. She noted that IBC is well-func�oning and brings many people to the town. Mr. Small referred to the leter he sent to IBC that was also copied to the commissioners. He described the two large tents that are in opera�on at IBC because of the pandemic. He also noted the parking lot on Ellendale Street that is in use for IBC, although IBC never received permits for its use. Commissioner Rutledge said that he asked for this item to be on the agenda because now is the �me to look at the details. He said he disagreed with following the county’s lead on this issue. He said he has had cons�tuents complain about the loud music in the tents. He noted that music in a tent is considered outside and that sound at entertainment venues is a serious issue. Commissioner Rutledge said they must weigh carefully the legi�mate concerns of a business doing well with the interests of ci�zens. He said IBC con�nues to benefit from a COVID emergency resolu�on and there is no longer an emergency. Commissioner Rutledge suggested the involvement of the Planning Commission, which could use its exper�se to determine whether to make changes in the code. He said he did not want another extension. Commissioner Taylor agreed and said he was concerned about permanent, prudent policy, while not wan�ng to affect IBC’s business. 4  Mr. Small explained the code restric�ons for music for an outdoor tent—9 am to 9 pm. He said if the commissioners chose to establish a permanent tent permit, there could be different noise restric�ons and �mes. He said that if indoor music goes past 9 pm, windows and doors have to be closed—a recent amendment to the code. Mr. Small noted that every �me an en�ty does outdoor music, the Planning Commission will review it and consider proximity and shut-down �mes. Mr. Small then described “adverse impact.” He said under this term, it is not necessarily decibel level as much as whether the noise is crea�ng an impact on the neighborhood that goes above the norm. He conceded that this term is somewhat subjec�ve. He explained to Commissioner Taylor that there is no requirement that the town adhere to the same decibel restric�ons that the state enforces. He said the town cannot relax these restric�ons, but it could be stricter. Chief Moore said that the police adhere to the state decibel restric�ons. He said the state decibel restric�ons are delegated to the county, but the police department tries to “keep the peace” and said that IBC has been very coopera�ve. Commissioner Rutledge said that he is inclined to give ci�zens’ complaints about the music noise serious considera�on, which would involve an evalua�on of when outdoor music has to stop and where it is permited. He noted that regula�ng the decibel level may not be the solu�on because people have different hearing levels. He said these decisions will affect anyone with outdoor music. Commissioner Taylor appreciated that they need to have this conversa�on about outdoor music and excessive noise because it could affect any business that may want to have music in the future in Bel Air. He said it is about weighing an important community partner with the very important voice of the cons�tuents. Commissioner Rutledge reiterated that he is against another extension. He said a permanent solu�on is important because people in commerce need predictability. Chief Moore described the quandary for the police department. He said decibel levels are subjec�ve. If someone’s peace is being disturbed, the decibel level does not mater. Chief Moore said the police are caught between abiding by state restric�ons and enforcing criminal complaints. He told Commissioner Chance that they have not received many complaints about IBC, but they do get them and IBC is coopera�ve. Mr. Kline noted that the town adopted the Interna�onal Building Code, an agency that oversees tents or membrane structures. He said that according to that code, a tent that is over 400 sq. �. must have a permit and cannot be up longer than 180 days in a 12-month period—both of these restric�ons are in viola�on at IBC. Chair E�ng said that she voted for the last extension because she did not want the town to be at a disadvantage with the county. In addi�on, she believed that IBC had plans for a permanent structure, which she has not yet seen. She said she will not vote for another extension. She pointed out that every other business in town has to comply with parking rules like paving and stormwater management. She said that IBC has not had to comply with these rules because of the resolu�on and it is now �me for the brewery to address the issue. She was concerned about the tents not complying with the Interna�onal Building Code. Chair E�ng also said she has received complaints about noise and agreed that decibels are not always a good measure of sound disturbance. 5  Mr. Small explained for Commissioner Taylor how the resolu�on affects parking requirements for indoor and outdoor dining. He said that if the tents are taken down, IBC will be able to reclaim the parking where the tents were located but will lose dining space. He also explained for Commissioner Chance that IBC leases a parking lot from M & J Complete Auto Care, Inc. He speculated there are seven years le� on the lease. He confirmed that the town allowed the lot to be used under this temporary use resolu�on, and if it expires, the lot will have to be improved or returned to its original state prior to the pandemic. VIII. COMMISSIONERS’ COMMENTS Chair E�ng thanked Mr. Kline for the trash cans that were installed in the Majors Choice neighborhood. IX. ADJOURNMENT Commissioner Rutledge mo�oned to adjourn the mee�ng. Commissioner Chance seconded the mo�on. All in favor. The mee�ng adjourned at 6:11 pm. APPROVED: December 2, 2024 Signature on file _____________ Paula S. E�ng, Chair Board of Town Commissioners Signature on file_____________ Michael L. Krantz, Town Clerk 6