Board of Town Commissioners

MINUTES BEL AIR BOARD OF COMMISSIONERS WORK SESSION MEETING NOVEMBER 26, 2024 The Board of Commissioners Work Session Meeting was held on November 26, 2024, at 5:15 pm. PRESENT: Commissioner Paula S. Etting, Chair (via telephone) 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 Catherine Butrim, Economic Development Coordinator Charles Dawson, Deputy Director of Public Works 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 Kevin Small, Director of Planning Elizabeth Thompson, Town Counsel Jane Sudbrink, Recording Secretary I. CALL TO ORDER Commissioner Chizmar as vice chair called the meeting to order at 5:15 pm and read the roll call of commissioners. II. APPROVAL OF AGENDA Commissioner Taylor motioned to approve the agenda. Commissioner Chance seconded the motion. Mr. Krantz asked for a vote on the agenda. Ayes: Commissioners Rutledge, Chizmar, Taylor, Chance, Etting. Nays: None. Motion carried 5-0. III. TOWN ADMINISTRATOR’S REPORT Mr. Hopkins reported on the following items: 1. Mr. Hopkins said the district court project continues to move forward. He said there is no construction date in place and the project is still negotiating parcels of property. 2. He reported that Jenny Erhard from the Downtown Alliance said there is a software/hardware issue with the music on Main Street causing the music to turn back on in the early hours of the morning. She apologized and is working to get it repaired. 1  3. Mr. Hopkins, Mr. Kline, and Mr. Dawson met with representatives from the county’s Parks and Recreation department to discuss progress on the Ma & Pa comfort station. Mr. Hopkins said the project is making considerable progress and is eleven months from completion. 4. Mr. Hopkins said he sent an email to the commissioners last week listing projects for discussion and asking for their prioritization feedback. He said that only Commissioner Chizmar has responded. Mr. Hopkins noted the urgency of getting some of these items on the agenda in the next several weeks. He said some of the items could be discussed individually. 5. Mr. Hopkins reported that the Bel Air Police Department has been chosen to be a part of Mr. Trump’s inauguration. Chief Moore elaborated that six members of the department will be part of the security services for the inauguration, an honor for the department. 6. Mr. Small, Ms. Thompson, and Mr. Hopkins drafted legislation for the Historic Preservation Commission (HPC). Mr. Hopkins said he needed more direction in terms of writing the legislation. Chair Etting said she would contact the aid to the local delegation for specific instructions on how to write this legislation. In answer to Commissioner Chizmar, she confirmed that it would be legislation that would allow a citizen to appeal an HPC decision to the Board of Appeals rather than the circuit court, a less burdensome process. She noted that state law dictates an appeal to the circuit court. She said she met with the local delegation and they said they are willing to work with the town on this matter. Commissioner Taylor described how drafting this legislation is a rather easy bill to write and a matter of filling in blanks. 7. Mr. Hopkins reported that he emailed commissioners regarding a tour of Harford Community Action Agency and asked for them to let him know if they are interested. 8. Mr. Hopkins said he anticipates presenting for the next work session the survey of the property that the town purchased at S. Atwood and W. MacPhail Roads for the purpose of an emergency access road. He noted that the resolution for the purchase of this property did not allow for measures that show specifics of the property. He said this survey will show these parameters and thus allow for approval of an ordinance. Mr. Hopkins reviewed the process, detailing how the Board of Education would engineer, design, and build the emergency access road. He said approval for this road will go before the Board of Education on December 16 and then will be submitted to the county for its approval. Commissioner Chizmar questioned whether purchase of the property would be for naught if the road is not approved by the Board of Education and/or Harford County. Mr. Hopkins said he was optimistic that the road will be received favorably by both parties. He said the town could potentially budget to complete the road independently, but he said there has been no opposition to the emergency access road. 9. Mr. Hopkins said he is working with Mr. Anderson to live stream town events for those citizens with mobility issues. He said they will be live streaming the Christmas Parade. He was unsure whether it would be a Facebook livestream or YouTube. 2 IV. TENTATIVE AGENDA FOR TOWN MEETING (Monday, December 2, 2024, at 7:00 pm, Bel Air Town Hall) A. Presentations 1. Certificates of Recognition for Department of Public Works’ Donation Drive for Hurricane Relief to Western North Carolina Mr. Hopkins said employees from the Public Works and Planning Departments conducted a town- wide collection of food and necessities for people affected by the hurricane in North Carolina. He said the employees partnered with McComas Funeral Home to facilitate delivery of the items. Mr. Hopkins commended the selflessness and hard work of these employees, saying they represent the character and integrity of the people who work for the town. He said he hoped to have a representative from the funeral home for the recognition ceremony, as well. a. Joli Long b. Chrissy Mullaney c. Kathy Pearce 2. Derby Trophy Presentation by the Bel Air Lions’ Club to Harford Retirement Planners Mr. Hopkins said the derby is a partnership with the town and the Lions’ Club. He said the trophy presentation should be at town hall so as to have a viewing audience and to provide more recognition to the Lions’ Club. In addition, he said the commissioners could also thank the club for its hard work. Mr. Hopkins hoped to livestream the derby in the future as well. B. New Business 1. Resolution 1242-24 Town of Bel Air Fee Schedule Amendments Mr. Krantz referred to the handout with corrections and edits. He said a few of the amendments were recommended by staff, but the majority are in response to Harford County changing its fee schedule and the town aligning accordingly. He referred to the change in language for tax sale advertising fees, a staff-recommended change. Mr. Krantz also said staff recommended a $250 minimum fee for legal review of development requirements. Mr. Small elaborated, describing the complex process of working through easements for development agreements. He said staff will do the review for free, but they have incurred legal cost for repeated reviews and this fee will limit the damage. He confirmed for Commissioner Chizmar that staff will charge beyond the $250 fee, if needed. Mr. Krantz then referred to another fee change by staff, the billing/construction management fee that increases from $30 to $65. Mr. Krantz said all other changes on the handout were set by the county. Commissioner Chizmar asked about the county fee for public swimming pools that was $125 but did not have a new fee listed. Mr. Dawson confirmed that the strikethrough is accurate because the county does not have a separate fee for public swimming pools. Commissioners discussed with Mr. Dawson whether to have the public swimming pools section on the fee schedule because the county does not make the distinction between residential in-ground pools and public pools. Commissioner 3 Taylor said he felt all of these fee changes are reasonable and appropriate. Mr. Kline confirmed the county’s changes will take effect on January 1, 2025. Mr. Krantz said he will work with Mr. Kline and Mr. Dawson to make the edits and a public hearing will be scheduled on December 16. 2. Contract for Gateway Drive Sanitary Sewer Pump Station and Force Main Upgrades and Replacement Mr. Kline said this project was bid out and the lowest bidder was Conewago Enterprises. He said the company is already mobilized in the town to do the Shamrock pump station. He said for this project they will do directional boring to put in the force main. Mr. Kline said this project will replace the existing sanitary sewer pump station at the corner of Gateway and Plum Court using ARPA funds at a cost of $1,263,000. He said there is a 10 percent contingency in the contract and the original bid number was $1,299,000. 3. Contract for Construction Phase Services for the Gateway Drive Sanitary Sewer Pump Station and Force Main Upgrades and Replacement Mr. Kline said this is a contract with KCI Technologies for construction fees and engineering management. He noted that KCI Technologies did the design and drawings of the engineered project and thus are fully informed of the project. Mr. Kline said this contract will piggyback on Harford County government hourly rate charges. He said the total price is $42,209. 4. Bulk Road Salt Contract Mr. Kline said this contract is done every five years via Harford County bidding out for the county, schools, and municipalities. He said that the county negotiated a fee of $63.83 per ton with Eastern Salt Company from Massachusetts. He noted that road salt was budgeted at $71.50 per ton in the budget so this is a substantial savings. Mr. Kline noted the reliability of this company and told Commissioner Taylor that the town purchases approximately 400–600 tons of salt per year. He told Commissioner Chizmar that the town does not pretreat because it is an expensive process and damaging to the environment and vehicles. 5. Street Lighting Contract for the Thomas Street Streetscape Project Mr. Kline said this is a contract with BGE for 17 new street lights at a cost of $64,171. He said the lights will be energy efficient and LED, and held up on 12-foot fiberglass poles. Mr. Kline said there will be underground wiring. He also reported that this is a sole source procurement because BGE is the only company that does streetlighting and the town has always contracted with them. 6. Appointment to Appearance and Beautification Committee Mr. Krantz said this appointment and the following ones will be discussed in closed session. 7. Appointment to Committee for Seniors and Citizens in Need 8. Appointment to Tree Committee 4 V. STAFFING UPDATE A. Review Term Expiration Dates of Boards, Committees, and Commissions Mr. Krantz said they are currently evaluating police officer candidates. He said there may be another posting for a police officer, and the town will solicit applications from existing police officers or individuals who want to become a police officer. Mr. Krantz said they are currently evaluating a candidate for the public works department. He said that if this candidate does not work out, he may re-post the position. Mr. Krantz said they have just welcomed a logistics and certification specialist in the police department. Chief Moore reported that the new hire is a retired trooper from the Maryland State Police with considerable experience and capability to maintain certifications and keep the new officers up-to-date. Mr. Krantz confirmed that Peg Lucas’s appointment to the Cultural Arts Commission will be fulfilled on December 16. VI. CALENDAR Commissioners agreed to change the start time for the December 10 work session to 4:30 pm in order to accommodate attendance at the Bel Air Parks and Recreation banquet. VII. MISCELLANEOUS A. Discuss Complete Streets Leadership Academy (CSLA) Improvements to Gordon, Main, and Bond Mr. Small said that state highway will remove most of the demonstration items at the intersection of Gordon and Main Streets after Thanksgiving. He noted that those items are now town property and will be stored for future use. Mr. Small discussed the flex posts that are preventing lefthand turns from south Main Street onto east Gordon Street. He said that he has not received any pushback from the public on the elimination of this lefthand turn. Mr. Small said that, from his observation, eliminating the lefthand term simplifies the intersection. He reported that state highway needs a resolution or indication from elected officials to allow permanent removal of this turn. Chair Etting, Commissioner Chizmar, and Mr. Small agreed that 95 percent of the complaints regarded the speed humps. Mr. Small said that if the turn is eliminated, that area could be turned into a median with landscaping to create a more attractive entrance to town. Commissioner Chizmar asked about long-term plans. Mr. Small detailed the increase in school students walking that area since the safety improvements. In addition, based on speed and volume measurements, there has been a noticeable speed reduction. Mr. Small said state highway will review this information and will hopefully make these safety measures permanent. Mr. Hopkins said he received more feedback regarding the elimination of the lefthand turn, chiefly that it was an inconvenience. However, he felt the turn was confusing and dangerous and said a more permanent solution for that turn was justifiable. Commissioner Taylor agreed with these assessments. Mr. Hopkins talked about the messaging and, despite Mr. Anderson’s efforts, people were still misinformed and the information was not shared as they anticipated. He said that when a more permanent solution is proposed, he hoped for feedback from the public. 5  Mr. Small also discussed the gateway signs that have new lettering that is hidden by landscaping. He said he will work with Mr. Kline and the Appearance and Beautification Committee to redo the landscape. Mr. Small said he will draft a resolution for December 16 regarding the lefthand turn. Commissioner Chance highlighted excessive speeding, especially on north Main Street where the crosswalk at Lee Street can be hazardous. Mr. Small said that intersection was discussed in the Safe Streets and Roadways for All program and agreed the sight distance is terrible. He noted that it is a discussion point for the commissioners to determine which intersection to prioritize next. He said the intersection at Kenmore Avenue was next on the list, because like Gordon and Main Streets, that intersection is also near a school. Commissioner Chance said she would like to have that intersection still remain a priority. Mr. Hopkins added that speed humps in front of the armory were also discussed and agreed to work on this project further with Mr. Small and state highway. He added that commissioners must let them know which intersections are a priority to them. B. Review American Rescue Plan Act (ARPA) Ms. Moody referred to the ARPA handout. She stressed that all ARPA funds must be obligated by December 31, 2024. She noted that three of Mr. Kline’s agenda items tonight were ARPA-related. Ms. Moody said that in the sewer fund there were three projects budgeted for the next pump station design at a cost of $380,000 and, after discussion with Mr. Dawson, they elected not to move forward with them. She said that there is $340,000 left to commit by December 16. She said that after discussion with staff, they decided to use the majority of this money for phase 3, George Street. She reminded commissioners how this street project was also bid out with the Thomas Street project, but they elected to only move forward with Thomas Street because of money restrictions. Ms. Moody said that staff now feels it makes sense to complete George Street allocating $215,750. She next discussed how the remaining money will be used for two of Mr. Kline’s projects from tonight, BGE and the KCI contract for Gateway pump station. She said money will also be used for the KCI contract for the Shamrock Park pump station. Ms. Moody noted that now the funds are over-budget at $22,901 but she will work on these numbers and is simply asking for informal approval for funding for George Street. Commissioners thanked Ms. Moody for resolving the funding situation and presenting a satisfactory solution. She confirmed for Commissioner Taylor that this will not be a budget amendment, rather it will be put on the agenda for December 16 for approval for a contract and purchase order. Mr. Kline said he has already reached out to Ivy Hill and they are on board with providing the service. He told Commissioner Chizmar that there will be installation of sidewalks and curbs on George Street. Ms. Moody discussed interest earned on investments. She reported that the treasury determined that entities do not have to use interest earned on ARPA monies on ARPA projects. Ms. Moody said the interest can then be put in the capital reserve and used on capital projects. She said that, consequently, these monies will be recognized in the FY24 audit and there may be excess revenues over expenditures. Ms. Moody said the majority of those excess monies, up to 50 percent can be put back in the capital reserve at the discretion of the town administrator. These funds can be used in FY26. Ms. Moody told Mr. Kline that the amount of interest was $807,000. VIII. COMMISSIONERS’ COMMENTS Commissioner Taylor recognized Richard Presbury for achieving the rank of Harford Living Treasure. Chair Etting and Commissioners Chizmar and Taylor presented a proclamation to Mr. Presbury at the 6 ceremony. He noted that Mr. Presbury was the first African-American man to staff the Bel Air fire company and described his dedication and service to the community. Chair Etting said that we are lucky to have him living in town. IX. CLOSED SESSION Commissioner Taylor motioned to move the meeting into closed session. Commissioner Chance seconded the motion. Commissioner Taylor read the reasons for the closed session as listed below. Mr. Krantz asked for roll call: Ayes: Commissioners Chizmar, Rutledge, Taylor, Chance, Etting. Nays: None. Motion carried 5-0. Commissioner Chizmar stated that the meeting would not return to open session. The meeting closed at 6:26 pm. XI. CLOSED SESSION A. This portion of the meeting will be closed under the provisions of the Maryland Open Meetings Act General Provisions Art. §3-305(b)(1) and §3-305(b)(7) & (8). B. Topics of Discussion: 1. To Discuss the Appointment of Officials to the Town Boards, Commissions, and Committees 2. To Consult with Staff, Consultants, or Other Individuals and Obtain Legal Advice Regarding a 1979 Tollgate Marketplace Sewer Agreement 3. To consult with staff, consultants, or other individuals and obtain legal advice regarding Town of Bel Air Parking Lease Agreement Hickory Parking Garage – 28 North Hickory, LLC. C. Reasons for Closed-Session Discussion of Above Topics 1. Because public discussion of candidates’ names, qualifications, experience, and background could discourage people from volunteering for public service or compromise their privacy rights 2. Because public discussion of confidential information and legal strategies can compromise the attorney-client privilege and inhibit the ability of the public body to receive candid and uninhibited legal guidance. X. ADJOURNMENT Commissioner Taylor motioned to adjourn the meeting. Commissioner Rutledge seconded the motion. All in favor. The meeting adjourned at 8:17 pm. APPROVED: December 16, 2024 Signature on file _____________ Paula S. Etting, Chair Board of Town Commissioners 7 Signature on file_____________ Michael L. Krantz, Town Clerk 8