Board of Town Commissioners

MINUTES BEL AIR BOARD OF COMMISSIONERS WORK SESSION MEETING JANUARY 14, 2025 The Board of Commissioners Work Session Mee�ng was held on January 14, 2025, at 5:15 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: Laura Bianca-Pruett, Planner II 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 Elizabeth Thompson, Town Counsel Jane Sudbrink, Recording Secretary I. CALL TO ORDER II. ROLL CALL Chair E�ng called the mee�ng to order at 5:15 pm and read the roll call of commissioners. III. APPROVAL OF AGENDA Commissioner Chance mo�oned to approve the agenda. Commissioner Taylor seconded the mo�on. Commissioner Taylor mo�oned to strike item XIII, B, subsec�on 4 sta�ng that it will be addressed at a later �me. Mr. Krantz asked for a vote on the amended agenda. Ayes: Commissioners Rutledge, Chizmar, Taylor, Chance, E�ng. Nays: None. Mo�on carried 5-0. IV. TOWN ADMINISTRATOR’S REPORT Mr. Hopkins thanked the police and public works departments for their work during the recent snow events. Mr. Hopkins said he received complaints about snow removal on sidewalks. He explained the rules for snow removal on sidewalks for town, residen�al, and business proper�es. He noted the difficulty of enforcement and said the town will increase its messaging regarding snow removal. Mr. Hopkins said that Barry Suits is no longer the president of Maryland American Water. He said that Laura Runkle now has that role and he felt she will be a great partner. Mr. Hopkins said that a�er consulta�on with staff, the town will now par�cipate in Harford Night with a staffed vendor’s table providing informa�on about the town. 1 V. PUBLIC HEARING A. Ordinance 836-24 to Purchase Property Owned by Mt. Royal Management on South Atwood Road The public hearing for Ordinance 836-24 opened and closed at 5:20 pm with no public comment. VI. UNFINISHED BUSINESS A. Ordinance 836-24 to Purchase Property Owned by Mt. Royal Management on South Atwood Road Mr. Hopkins provided background on this ordinance. He described Resolu�on 1235-24 that approved a contract to purchase .38 acres of property for the comple�on of an emergency access road as part of the Homestead-Wakefield Elementary School Project. Mr. Hopkins said that to complete the purchase and meet setlement, the town must memorialize the purchase via a survey and a right-of-way plat. Mr. Hopkins said this work was completed on December 2, 2024. He explained that the county government has now decided it will not approve the monies to the school board to complete the project—the design, engineering, and comple�on of the roadway. Mr. Cassilly cited expense and the use of the McFaul Center as an alterna�ve. Mr. Hopkins noted his objec�ons with Robert McCord but understood the county’s posi�on. A�er consulta�on with Ms. Moody, Mr. Small, and atorneys, Mr. Hopkins determined that the town should s�ll con�nue with the purchase in case the McFaul Center op�on is not feasible and the road could be built in the future. Commissioner Taylor agreed with Mr. Hopkins’s posi�on, no�ng that leadership in government and circumstances could change. Commissioner Chance said she did not support the McFaul Center op�on because of high traffic and felt the purchase is the best choice forward. Mr. Hopkins confirmed for Commissioner Chizmar that although the land is just .3 acres of trees and grass, it may have other uses in the future. Commissioner Rutledge maintained his posi�on that this opportunity may not happen again and the cost is minimal. He said that providing first responders the best opportunity to respond quickly in an emergency is paramount and the number one priority for local government; he said he is in full support of the acquisi�on. Chair E�ng agreed. Commissioner Rutledge mo�oned that Ordinance 836-24 for the purchase of real property located at the intersec�on of S. Atwood Road and W. MacPhail Road be approved by the Board of Town Commissioners. Commissioner Taylor seconded the mo�on. Mr. Krantz asked for a vote on Ordinance 836-24. Ayes: Commissioners Rutledge, Chizmar, Taylor, Chance, E�ng. Nays: None. Mo�on carried 5-0. VII. TENTATIVE AGENDA FOR TOWN MEETING (Tuesday, January 21, 2025, at 7:00 pm, Bel Air Town Hall) A. Presenta�ons 1. Recogni�on for Mike Blum for the 2024 Bel Air Christmas Parade Chair E�ng said a recogni�on is hardly enough for all that Mr. Blum has done for the town. 2 B. New Business 1. Resolu�on 1244-25 Harford County 2023 Amended Annual Growth Report Mr. Small clarified for Chair E�ng that town code requires the commissioners to accept this growth report even though there is not a vote on the resolu�on. Mr. Small told Chair E�ng that the only school in town that would be over-capacity for future projects is Homestead-Wakefield Elementary. He told Commissioner Taylor that the new school building will bring the capacity down to 100 percent, although this capacity may vary depending on the other nearby schools. 2. Rockfield Manor Sprinkler Design Contract Mr. Kline reported that the building permit for Rockfield Manor was declined two months ago because it did not have a sprinkler system. Mr. Kline said he would like to use KCI Technologies, piggybacking on a contract with Howard County, to design a sprinkler system for the older and new por�ons of the building. He noted the difficulty with installing a sprinkler system in an older, historic building. In addi�on, Mr. Kline said the building is located 900-1,000 � away from the water line on Ewing Street. He said the total price for the design contract is $47,572. Mr. Kline said that half of the expense will be covered by the Rockfield Founda�on. Mr. Kline clarified for Chair E�ng that the expense comes from the need to retrofit for an older building. He said the design will take two to three months and then installa�on must be done quickly to meet the building comple�on date of July. He told Chair E�ng that he does not have a “guess�mate” on the total cost of the system and the 50 percent cost share remains. Mr. Hopkins confirmed for her that the 50 percent cost share was included in the recently signed lease agreement. He stated that the town could frontload the costs for the founda�on because this was an unexpected expense. Mr. Kline detailed for Commissioner Chizmar the reasons for the need to hook up to the water line on Ewing Street and that his department will strive to offset the costs. Mr. Hopkins said an update on the project will be at the next work session. C. Discussion 1. Discussion of Ordinance 837-24 Amending Ar�cle VII, XIV, and Permited Use Tables of the Development Regula�ons as Related to Mixed-Use Centers in Chapter 165 of the Town Code Commissioner Chizmar reviewed the Planning Commission’s conclusions. These conclusions included codifying their minimum of 50 percent commercial using the land use designa�on in the comprehensive plan. Commissioner Chizmar also discussed the commission’s edit to shared parking in this sentence: “Shared parking between all development types must be provided throughout the development.” They recommended changing “must” to “may” and adding “at the discre�on of the Planning Commission” to give leeway to such projects as the Harford Mall project, which has a parking garage designated for residen�al use only. Mr. Small explained to Commissioner Taylor how this adjustment to the sentence s�ll preserves the town’s requirement to have shared parking in mixed use but gives the Planning Commission flexibility in considering each project and gran�ng excep�ons. Mr. Small discussed “integrated scheme of development” in terms of mixed use. He said in this case all aspects of 3 development, like parking and stormwater management, are integrated together, thus ensuring a developer truly builds a mixed-use development. Chair E�ng said that the ECDC and the Planning Commission both supported the proposed changes to the permited use tables. She said the ECDC also wanted “must” changed to “may.” Commissioner Taylor said the ECDC would like to revise the 50 percent cap and the 40 percent minimum. He said they did not provide target percentages but felt 50 percent could be burdensome to a developer, par�cularly as there is currently a shi� away from office space. He said the ECDC felt this percentage could have a deleterious effect on allowing mixed-use development. Commissioner Taylor said he appreciates the 50 percent hard cap because of the land use designa�on, but he said he was sympathe�c to going lower than 40 percent depending on the project’s needs. Commissioner Chizmar countered that 40 percent is generous and if one were to go any lower, the land would not be used for its intended purpose and that would circumvent the comprehensive plan. Commissioner Chizmar felt that these numbers are a good compromise on how to keep a good balance of the land uses. Chair E�ng agreed and said the majority of the percentage should be what the land was designated. She expressed her concern for losing commercial areas and specifically cited the mall property that was always commercial and is now becoming more residen�al. Commissioner Rutledge and Mr. Small discussed in depth poten�al mixed-use development on Main Street in which many buildings would not apply because they are not large enough. Mr. Small noted the 50 percent rule would not apply for any buildings under 10,000 sq �. He con�nued to explain to commissioners building procedures and regula�ons above and below 10,000 sq �. Commissioner Taylor again expressed his support for mixed-use development because it strikes a balance between commercial and residen�al. Mr. Small confirmed for Chair E�ng that Ordinance 837-24 would not affect any current development projects. Commissioner Rutledge said he was conflicted about the percentages and giving full weight to both the Planning Commission’s and the ECDC’s recommenda�ons. In par�cular, he debated whether they should consider allowing the Planning Commission to approve a percentage lower than 40 percent. Ms. Thompson provided context on how the 50 percent cut-off was first determined. She said during Planning Commission discussions for the Harford Mall project, Don Coates determined this percentage in order to align with the comprehensive plan and to prevent the mall property from becoming all apartments. Ms. Thompson said this percentage is “not set in stone” and can be lowered, but not so low that the project is no longer mixed use. Commissioners and Mr. Small discussed the 50 and 40 percentages further. Chair E�ng supported the hard line of 50 percent, no�ng that it makes sense in a commercially designated area where there needs to be commerce not more housing. Mr. Small pointed out that the Planning Commission is not compelled to approve anything below 50 percent; it is up to the developer to present a convincing argument using specific criteria (ameni�es, landscaping) with the comprehensive plan as the basis. Ms. Thompson explained that the ordinance allows for the developer to go down to 40 percent based on the findings of the Planning Commission. With this informa�on in the ordinance, she said that the developer cannot go to the Board of Appeals for a variance. Commissioner Rutledge said the phrase “provided the applicant demonstrates excellence of design and consistency with the comprehensive plan” needs revisions. Mr. Small said he will work on this sec�on to make it less vague. Commissioner Rutledge said he would like the sec�on to clearly state that 4 approval is “at the discre�on of the Planning Commission.” He said it is not an objec�ve standard and the commission is making judgement calls based on laws. Commissioner Taylor was in support of the “Rutledge clause.” Ms. Robertson explained how the ECDC arrived at 33 percent as the lowest threshold based on a hypothe�cal three-story building with the lower level as commercial use. 2. Discussion of Ordinance 838-24 Amending Ar�cle III, X, and Lot Requirements Tables of the Development Regula�ons as Related to Density Limits in Chapter 165 of the Town Code Mr. Small recapped that zones B-2, B-2A, and B-3A do not have density limita�ons and this ordinance ataches limita�ons to these three zones in line with the B-3 zone. He said that adding a minimum lot size for townhouse development keeps this type of development out of B-2. Commissioner Taylor proposed that this legisla�on is not the right bill to tackle townhouse lot size and asked that it be taken out and revisited later. He expressed concerns that the high density and lot size numbers will put a moratorium on townhouse development. Chair E�ng agreed and said this item should be considered later on its own. Commissioner Taylor said he wants to encourage young professionals to live in town as homeowners who may want to live in townhouses. Commissioner Chizmar discussed the Planning Commission’s reac�ons. He said they had reserva�ons about the lot size and the size of townhouse communi�es in general, no�ng that some townhouse communi�es in town are not well-maintained. He said there needs to be a “happy medium” where the community is the right size for the HOA to flourish. Mr. Small noted that the affordable housing state law that was recently passed may affect this issue and could be tackled at that �me. Commissioner Rutledge con�nued that he, too, would like this ordinance rewriten so that it does not contain changes to townhouse development standards as he wants to promote home ownership. Commissioners then discussed exemp�ng B-2 from this ordinance, of which both the Planning Commission and the ECDC recommended. Mr. Small told Commissioner Taylor that he would look into finding the current density of the B-2 zone and capping it just above that number so that there would not be any uncapped zone. He men�oned the concern of crea�ng numerous non-conforming uses in this zone with this legisla�on. Commissioner Chance agreed with exemp�ng B-2 because of this non- conforming issue. Mr. Small then explained for Commissioner Rutledge and the remaining commissioners the usual procedures for development in B-2. He said that most of the �me it is not redevelopment but rather reoccupying an exis�ng structure. He noted that form-based func�on would remain with an overlay of this density cap. Mr. Small recommended not having the cap. Commissioners and Mr. Small discussed a poten�al area in B-2 where mixed use could be put in and how the 40 and 50 percentages would or would not work. Commissioner Taylor noted that their goal is how to best guide the town through its next decade of growth while protec�ng land use. Chair E�ng noted that ECDC was opposed to the en�rety of this bill while the Planning Commission supported most of it. Commissioner Rutledge moved discussion to the B-2A and B3-A zones. He discussed his concerns on maximum density per acre on mul�-family dwellings in light of the trend for mul�-genera�onal living. He felt age dis�nc�ons on density is no longer applicable and he did not want to give bonuses to 55 and over communi�es. Commissioner Rutledge also expressed that he wants to 5 see Bel Air as a place where “up and comers” want to live. Mr. Small discussed the specific features of 55 and over housing, including the need for less parking, the requirement of elevators, and smaller unit size, thus higher density. Commissioner Chance agreed with Commissioner Rutledge’s sen�ments. Commissioners con�nued to discuss the density numbers with Mr. Small. Commissioner Taylor said he does not want to make it too difficult to build in the town. Mr. Small agreed that he will compare these proposed numbers with other similar municipali�es, par�cularly 55 and over and mul�-family. At the sugges�on of Commissioner Chizmar to consider 55 and over housing later, Commissioner Rutledge insisted this is an issue that should be addressed now, considering mul�-genera�onal living and workforce recruitment. He said he would like to make housing in these two zones age-neutral. Ms. Thompson said the town code for 55 and over housing has not been reviewed for a while. She said she will review it with Mr. Small to make sure that it is based on federal law. Ms. Robertson noted for the commissioners that the ECDC was united in its concerns about the unintended consequences of crea�ng density in zones. She said the commission felt that it could discourage private sector investment in Bel Air. VIII. COMMISSIONER LIAISON REPORTS Commissioners Chizmar and Taylor said that the Planning Commission’s work and the ECDC’s work were already covered in the previous discussions of the ordinances. Chair E�ng reported that the Tree Commitee met on January 8. She said that Wayne Merkle will be resigning from the commitee some�me this year with his term officially ending in October. She reported that the tree applica�on will soon be posted on the town’s social media. Chair E�ng said that the Tree Commitee also discussed Arbor Day, Tree City USA, and poten�al maintenance of the Major’s Choice champion oak tree. Commissioner Chance said the Downtown Alliance is preparing its 2025 event schedule and working on grants and its strategic plan. Commissioner Taylor reported that the ABC met this month and is looking at landscaping, new flowerbeds, town clean-up, and its budget request. IX. STAFFING UPDATE A. Review Term Expira�on Dates of Boards, Commitees, and Commissions Mr. Krantz said no jobs are posted. He said the new police officer completed his background check and will start in March. He said a new hire for the public works department is in process. Mr. Krantz said there is no urgency on commitee posi�ons. Commissioner Taylor said he will check with Todd Boyle regarding his posi�on on the ECDC in February. X. CALENDAR Mr. Krantz reminded commissioners about the budget listening sessions. 6 XI. MISCELLANEOUS A Town of Bel Air Police Providing Mutual Aid Assistance at the January 20, 2025, Presiden�al Inaugura�on Chief Moore said six officers from the department will leave for their inaugura�on du�es on January 18 and will remain in Washington, DC un�l January 21. He said it is an honor to be selected and to represent the town at the inaugura�on. He noted that the federal government will fully reimburse the department for all �me and expenses. B. Historic Walking Tour Grant Ms. Robertson said she received funding from Harford County to create a GIS-based historic walking tour. She will put together a story map that will complement the exis�ng paper brochure. She detailed that it encompasses an 11-stop, 30-minute walk or a 14-stop, 60-minute walk. Ms. Robertson said the target date for the link is April 1. C. Bicycle/Pedestrian Plan Discussion Laura Bianca-Pruet presented slides of the proposed plan that showed the edits and comments of the commissioners. In answer to Mr. Small, Chair E�ng supported providing informa�on in the brochure about safety and accident sta�s�cs in town. Commissioners discussed with Mr. Small and Ms. Bianca- Pruet adjus�ng the wording of a sta�s�c that men�ons children and adding an explana�on of bike routes. Commissioners debated the bike routes and trails that are men�oned in the plan. Ms. Bianca-Pruet noted that these are long-term proposals and solu�ons—as far out as a decade. She said funding would be through grants. Mr. Small said this plan proposes projects that are beneficial to the community and it is not a funding proposal. Chair E�ng said she was concerned about approving plans that do not have designated funds. Ms. Bianca-Pruet said many of these proposed routes were men�oned in previous plans and in the 2022 Comprehensive Plan. Chair E�ng par�cularly expressed concern about a path through Majors Choice Park since there are already accessible roads and sidewalks. She said she does not want to fund a project where there are already sidewalks and/or roads to that loca�on. Mr. Small said he could remove some of the proposed routes but he did not want to preclude a project for the community just based on cost. Commissioner Chance agreed with Mr. Small and said if people have asked for these routes, it is acceptable to include them for now. Chair E�ng repeated that she was concerned about unnecessary, costly trails if there are already roads and sidewalks. She felt there is a need to consider each of these projects individually. Ms. Bianca-Pruet noted that this plan was developed based on public input, a pop- up event at the farmers’ market, and an online survey. In answer to Commissioner Rutledge, she said the top three priori�es were new dedicated bike lanes, complete sidewalks throughout town, and improved intersec�ons. Mr. Small said there are not good bike connec�ons in town. Mr. Small asked commissioners to review these trails and determine if they meet a need or a desire. Ms. Bianca-Pruet noted there is no date atached to them, only short-term and long-term planning. Mr. Small said that as developers make proposals, the Planning Department can refer to this plan to see if the developer could fund some of these projects via open space requirements. 7  Commissioners decided to review these projects on their own to decide which of them they will approve. Mr. Small said he will need approval at the work session four weeks from now. Mr. Hopkins added that there will need to be a resolu�on by June 30, 2025, for this plan because it is part of the FY24 budget. XII. COMMISSIONERS’ COMMENTS Commissioner Taylor and Chair E�ng thanked the public works and police departments for all their work during the recent snow events. Commissioner Taylor said he will be joining the January 21 mee�ng by phone. Mr. Kline reported that Maryland American Water will be working on seven to nine water main breaks in town over the next several weeks. Chair E�ng recognized the passing of Dr. Eugene Street, an “icon” in town who worked at Boyd and Fulford un�l 2019. XIII. CLOSED SESSION Commissioner Taylor mo�oned to move the mee�ng into closed session. He confirmed that there will be no discussion of appointments of officials so he mo�oned to amend the agenda to strike that item. Commissioner Chizmar 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. Mr. Krantz said the mee�ng would not return to open session. The mee�ng closed at 7:59 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) and §3-305(b)(7) & (8). B. Topics of Discussion: 1. To discuss a personnel mater 2. To obtain legal advice regarding tabled Ordinance 837-24 amending Ar�cle VII, XIV, and Permited Use Tables of the Development Regula�ons as related to mixed-use centers in Chapter 165 of the Town Code 3. To obtain legal advice regarding tabled Ordinance 838-24 amending Ar�cle III, X, and Lot Requirements Tables of the Development Regula�ons as related to density limits in Chapter 165 of the Town Code C. Reasons for Closed-Session Discussion of Above Topics 1. Because public discussion of confiden�al informa�on and legal strategies can compromise the atorney-client privilege and inhibit the ability of the public body to receive candid and uninhibited legal guidance. 8 2. Because public discussion of a personnel mater could breach the expecta�on of confiden�ality and fail to protect the privacy of individual(s) involved, as well as the integrity of the delibera�ve process XIV. ADJOURNMENT Commissioner Taylor mo�oned to adjourn the mee�ng. Commissioner Chancer seconded the mo�on. All in favor. The mee�ng adjourned at 8:37 pm. APPROVED: February 3, 2025 Signature on file _____________ Paula S. E�ng, Chair Board of Town Commissioners Signature on file_____________ Michael L. Krantz, Town Clerk 9