Board of Town Commissioners

MINUTES BEL AIR BOARD OF COMMISSIONERS WORK SESSION MEETING JANUARY 28, 2025 The Board of Commissioners Work Session Mee�ng was held on January 28, 2025, at 5:15 pm. PRESENT: Commissioner Mary F. Chance Commissioner Steven T. Chizmar, Vice Chair Commissioner James B. Rutledge, III Commissioner Jakob D. Taylor IN ATTENDANCE: David Anderson, Media & Public Relations Specialist Catherine Butrim, Economic Development Coordinator 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 Jane Sudbrink, Recording Secretary ABSENT: Commissioner Paula S. Etting, Chair I. CALL TO ORDER II. ROLL CALL Vice Chair Chizmar called the mee�ng to order at 5:15 pm and read the roll call of commissioners. III. APPROVAL OF AGENDA Commissioner Taylor mo�oned to approve the agenda. Commissioner Chance seconded the mo�on. All in favor. Mo�on carried 4-0. IV. TOWN ADMINISTRATOR’S REPORT Mr. Hopkins said the Municipal Ci�zens Academy begins tomorrow night. He said there are eight to nine registrants. He confirmed for Vice Chair Chizmar that commissioners are welcome to atend any�me but are expected to atend the commissioners’ session. V. PRESENTATION A. Rockfield Founda�on Execu�ve Update on Construc�on Project Donna Dickey, 501 Churchville Road, provided a brief history of the building addi�on, par�cularly addressing the subject of the sprinkler system. She said that during the ini�al stages of the project, the county inspector confirmed that a sprinkler system was not necessary. Ms. Dickey said that the Rockfield Founda�on was informed in August that a sprinkler system was now needed because the county 1 inspector declared that the second floor of the building is used as an event space. Ms. Dickey said that this is actually untrue. She noted that even if the addi�on project was halted, the sprinkler system would s�ll need to be installed to keep the building up to code. Kellee Kalthof, 501 Churchville Road, said public safety is a top priority for the Rockfield Founda�on. She said that the board decided to hire David McBride, a fire preven�on engineer, to help with the technical process. She noted that ul�mately the town owns the building and will have final say on the installa�on of the sprinkler system. She said the founda�on is trying to find the best alterna�ve that will benefit taxpayer dollars, public safety, and the founda�on itself, while maintaining the historical integrity of the manor. Ms. Dickey noted how the Rockfield Founda�on board is a great team that is very collabora�ve and is not being derelict in its du�es. Todd Marcin, KasCon, updated the commissioners on the progress of the construc�on. He said the project is expected to be completed in May, but the addi�on of a sprinkler system calls that comple�on date into ques�on. Paul Thompson, Architectural Design Works, addressed Commissioner Taylor’s ques�on—is there any way to make the building code compliant without installing the sprinkler system. Mr. Thompson said codes are subject to interpreta�on and the county inspector has interpreted the codes to his own specifica�ons. Mr. McBride believes that an interconnected smoke detec�on system would be sufficient for the building. However, Mr. Thompson said the code states that two-story assembly spaces must have a sprinkler system. The county inspector declared Rockfield Manor a two-story building, even though Mr. Thompson does not agree with this assessment. He confirmed for Commissioner Taylor that this situa�on was caused by differences in interpreta�on by inspectors, a not uncommon issue. Mr. Thompson explained via examples from Havre de Grace and Aberdeen that municipali�es have overridden the county’s interpreta�on. He said a chief concern is that the building is moving through construc�on and integra�ng a sprinkler system will be challenging. Vice Chair Chizmar said he would like to have all the informa�on in front of him, including the data and es�mate from the contract recently awarded to KCI Technologies. Commissioner Rutledge stated that he is not dissa�sfied with the Rockfield Founda�on, rather he was concerned about the $47,000 contract that would then determine how much the town would have to spend to install the sprinkler system. He said he appreciated tonight’s presenta�on and said Rockfield Manor is a tremendous asset to the community. Ms. Dickey and Ms. Kalthof stressed that the founda�on strives to share costs and take responsibility off of the town. Ms. Dickey said it was never their inten�on to ask the town for money to finish the project, rather they wanted to present to the town a finished project. 2 IV. TENTATIVE AGENDA FOR TOWN MEETING (Monday, February 3, 2025, at 7:00 pm, Bel Air Town Hall) A. Presenta�ons 1. Bel Air Police Department Recogni�on a. Scot Hogge for His Auxiliary Service Chief Moore said Mr. Hogge has achieved 150 hours of volunteer �me in the Auxiliary Service, thus qualifying him for a $7,000 tax credit. He noted that Mr. Hogge’s accomplishment was achieved while also working a full-�me job with a family. He said this presenta�on will be to honor his achievement. b. OFC Nicholas Rhodes for His Promo�on to Staff Sergeant in the U.S. Marine Corps Chief Moore said this will be a presenta�on to recognize Officer Rhodes’s promo�on. B. Ordinance 839-25 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 Mr. Small explained the change in ordinance numbers. He then pointed out the changes made to the ordinance based on the commissioners’ discussion. These altera�ons include revised text (“must” to “may”) regarding shared parking and the Planning Commission. Mr. Small also said he lowered the 40 percent cut-off to 35 percent based on the ECDC’s feedback. He said he also removed the exemp�on for previous approvals. Vice Chair Chizmar said he s�ll preferred 40 percent to keep in line with the designated land use. Commissioner Taylor said he was in favor of 35 percent, not just because of ECDC’s recommenda�on, but that he felt giving the Planning Commission the authority to go that extra 5 percent is also wise. He noted that the commissioners legislate a one-size-fits-all approach and leave the par�culars to the Planning Commission. Mr. Small explained to Commissioner Rutledge how he revised the Permited Use Tables and how the changes do not prevent a property owner from pursuing mixed use. Commissioner Rutledge then said that he, too, supported the 35 percent because it gives la�tude to the Planning Commission who he felt confident would use good judgement. Commissioner Chance also agreed with 35 percent. She said the members of the Planning Commission look at what the town “can be, could be, should be” and she felt it is prudent to not �e development to only one way that only a few people prefer. She believed the Planning Commission should have leeway. Vice Chair Chizmar reiterated that he felt a 10 percent boost is sufficient and noted that excellence of design is not well-defined. Commissioner Taylor said mixed use is the wave of the future and it is a viable way to balance commercial and residen�al growth. He said he strongly supports incen�vizing mixed-use development and this ordinance is one way to achieve that goal. 3  Mr. Small said that he contemplated pu�ng in a reference to consistency or harmony with the context of the area, in addi�on to excellence of design. In explana�on, he said that Standard on Bond is located next to a residen�al area so decreasing the percentage of residen�al would not be inconsistent with its context because there is so much residen�al already. He said for the mall project, which is en�rely commercial, there is much less consistency when considering percentage of residen�al. Mr. Small agreed to add this reference. Commissioner Taylor supported this posi�on, no�ng that this reference shows why a range of percentages is necessary. C. Ordinance 840-25 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 explained the change in ordinance numbers and detailed the edits he made to this ordinance based on commissioners’ feedback. Specifically, Mr. Small explained his changes to the ordinance to focus mostly on the B-2A and B-3A zones, along with the removal of minimal lot size for townhouses, and the removal of the allotment of 30 dwelling units for 55 and over. Mr. Small detailed his review of 55 and over housing in Bel Air and the varied units per acre. He said that he also removed from the ordinance the excep�on for previous approvals. Commissioners discussed with Mr. Small how the town’s 55 and over housing standards compare with the county’s and other local municipality’s standards. Commissioner Rutledge shared his perspec�ve that he wants the density numbers in B-2A and B-3A to be age neutral and allow for the market to decide the type of housing. Mr. Small confirmed for Commissioner Rutledge that other benefits for 55 and over housing remain, including that such housing is not subject to moratoriums based on overcrowding in schools. Commissioner Rutledge said that as a compromise to his age-neutral requirement, he would be amenable to raising the number of mul�-family dwellings to 24 from 20 in B-2A and B-3A. Mr. Small said that raising that number would not be economically unfeasible in the two zones and suggested including B-3 as well. Commissioner Rutledge confirmed for Commissioner Taylor that he is proposing this age-neutral requirement only in B-2A and B-3A. He said he does not want development bonuses based on age. Vice Chair Chizmar agreed with the age neutrality in these two zones only and leave the other zones unchanged. He said he was unsure about raising the mul�-family dwellings to 24 and said he preferred 20 dwellings. Mr. Small noted that parking and open space requirements will limit density regardless of the number. Vice Chair Chizmar asked about semi-detached and two-family densi�es in the B-3 zone. A�er clarifica�on, Mr. Small said he would restore the density numbers as they were previously. Commissioner Rutledge said he was pleased with how the commissioners reached a consensus on the issues and that there is no barrier to building townhouses. Commissioner Taylor said he will need more �me to consider the 20 to 24 dwellings change. He said that 20 is in keeping with other high-density zones, but he does not want to be restric�ve, par�cularly with market changes. He said he understands wan�ng to have these formerly form-based zones align with B-3, the most permissive zone. Mr. Small noted that 20 is on the upper end when compared with other municipali�es. Vice Chair Chizmar summarized the commissioners’ conclusions. Commissioner Rutledge reiterated that the removal of 55 and over is only in the zones where they are adding densi�es. Commissioner 4 Chance said she also needs to review the 20 to 24 dwellings change. Commissioner Rutledge added that for now the ordinance should have 20 dwellings to observe Vice Chair Chizmar’s sponsorship of this legisla�on. D. Resolu�on 1245-25 A Resolu�on Renewing the Allowance for Temporary Outdoor Dining While Discon�nuing the Exemp�on Allowing Temporary Structures Such as Tents in the Town of Bel Air Commissioner Taylor introduced this resolu�on. He said that the Covid emergencies are over and it is incumbent on the board to end Covid policies. He said he was concerned about the �meline and allowing for businesses to have enough �me to navigate a solu�on. Commissioner Taylor said that a�er discussions with Mr. Kline, Mr. Small, Mr. Hopkins, and Mr. Krantz, he determined that the resolu�on would permit businesses to have outdoor dining for another six months, un�l September 30, 2025, while allowing other provisions of the law to sunset, in par�cular those that run afoul of interna�onal building codes. Commissioner Taylor felt this solu�on is a common-sense compromise that will allow businesses �me to navigate a permanent solu�on. Commissioner Taylor further stated that a business that currently has a tent will be able to apply for a building permit for 180 days to keep the tent up if it does so before March 31, 2025. Mr. Small noted that the only business affected is Independent Brewing Company (IBC). Vice Chair Chizmar expressed concern that this resolu�on only results in further postponement and ques�oned what plans are in place for the businesses affected. Commissioner Taylor said the Covid resolu�ons will be terminated but these six months con�nue to allow for outdoor dining, the most beneficial part of the Covid resolu�ons. When Vice Chair Chizmar noted that the commissioners said last year was the final extension, Commissioner Taylor countered that last year there were different goals than this year and this resolu�on is cra�ed to give business owners some final leeway. Mr. Small added that one en�ty has produced several plans but is hampered by the landowners and an extra six months will help the process. Commissioner Taylor said there will be a public hearing for this resolu�on and this will allow comment from community partners. Commissioner Rutledge said he supported Vice Chair Chizmar’s views but was persuaded by Commissioner Taylor’s posi�on and he now supported this compromise. Vice Chair Chizmar said IBC is a big part of the community but he wants to make sure that all businesses in town “are on a level playing field.” Commissioner Chance said she also agreed with the extension but stressed that some of the parking areas that IBC uses are owned by other en��es, and this is another issue that must be addressed. She was par�cularly concerned about the “dangerous buildings” that are on these parking sites. E. Road Improvement Right of Way Deed – Lester Way Mr. Kline said this deed is a condi�on of the development of Standard on Bond. The owners are conveying to the town .055 acres of right of way along Lester Way as per the development agreement. This project will involve improvements on the road surface, widening of the road, curb and guter improvements, and installa�on of storm drain systems. He noted for Commissioner Rutledge that this contract has been reviewed and signed by the owners of Standard on Bond and now needs the commissioners’ approval. 5 F. Public Works and Developer Agreement, The Standard on Bond Mr. Kline said this agreement between the town and the developer ensures that the improvements to Lester Way are done properly because the town will maintain and own this infrastructure a�er its comple�on. He said there is a bond that ensures it comple�on, an inspector will check the work, there is a one-year warranty, and the town holds a 10 percent bond on the work for one year. VII. COMMISSIONER LIAISON REPORTS Commissioner Rutledge said that the Historic Preserva�on Commission (HPC) is exploring different ways to incen�vize homeowners to enter their houses in the program. He said that members discussed crea�ng a �er system for tax credits, with more complex, historic restora�ons receiving a higher tax credit than more rudimentary repairs. Commissioner Rutledge said that members believe that a such an incen�ve system will help market the program to homeowners. VIII. STAFFING UPDATE A. Review Term Expira�on Dates of Boards, Commitees, and Commissions Mr. Krantz said there are three jobs posted to the town’s website. He said a police officer posi�on is open, which could be a lateral move or an opportunity for applicants who want to be a police officer. Mr. Krantz said there is also a laborer posi�on and a deputy director of planning and zoning posi�on. For the commitees and commissions, Commissioner Taylor said that Todd Boyle will reapply to the ECDC. Mr. Krantz confirmed that William Bolton and Theresa Rose will be reapplying to the Ethics Commitee. VI. CALENDAR Chief Moore reminded commissioners about the Bel Air Lions Club/Police Explorers Post 9010 Bingo event. VII. MISCELLANEOUS A. Discussion of Maryland Senate Bill 324 Admissions and Amusement Tax – Food and Beverages Ms. Butrim described Senate Bill 324 in detail—a maximum tax rate of 3 percent that municipali�es may impose on the sale of food and beverages. She described the possible nega�ve impacts to municipali�es as detailed by the county’s tourism manager, including increased costs for visitors, increased overall costs of dining for tourists, and different tax rates at different municipali�es causing confusion. Ms. Butrim added that higher taxes could prompt tourists to go elsewhere resul�ng in business closures and reduced job opportuni�es locally. Mr. Hopkins reported that he only received informa�on about this bill last week and it is too late to provide commentary to the state legislature. He noted that MML is in favor of this bill while direct marke�ng organiza�ons are not. He said that if the bill passes, it will be up to the town to decide whether to implement this tax. 6  Commissioner Taylor said he is not in favor of bringing this policy to Bel Air. He does not want to enable municipali�es to tax ci�zens when costs are skyrocke�ng. Commissioner Taylor said his posi�on is that this policy is not good for the town or the state. He said such a policy will not be good for Maryland’s municipali�es in the long run. Vice Chair Chizmar agreed with his posi�on wholeheartedly. Mr. Hopkins confirmed for the vice chair that if the county levies this tax, there would be no tax sharing between the county and the town. Commissioner Taylor added that if the town elects not to enforce this tax, the state will look at the town unfavorably. He said he is gravely concerned about how this tax would impact the town’s revenues. Ms. Moody agreed with Mr. Hopkins that there would be no tax sharing. She shared feedback from a recent state finance conference. She said this tax is a “double-edged sword” because municipali�es via MML have been asking the state for addi�onal revenue sources and this is the state’s solu�on. She said the town will seem imprudent if it turns this tax down. Commissioner Taylor said that the town could s�ll provide comments ahead of an upcoming house hearing on the bill. He told Commissioner Rutledge that he has not yet been privy to the Harford County delega�on’s opinions on this bill. He noted that the delega�on in general is concerned about municipali�es and the over taxa�on of ci�zens so he suspects that they will be opposed to the bill. Ms. Moody said that she learned from the finance conference that the recent state budget nego�a�ons will not affect the highway user funds for FY26 and FY27. She noted that this fund will sunset in FY28. VIII. COMMISSIONERS’ COMMENTS There were no commissioners’ comments. IX. ADJOURNMENT Commissioner Taylor mo�oned to adjourn the mee�ng. Commissioner Chance seconded the mo�on. All in favor. The mee�ng adjourned at 7:07 pm. APPROVED: February 18, 2025 Signature on file _____________ Paula S. E�ng, Chair Board of Town Commissioners Signature on file_____________ Michael L. Krantz, Town Clerk 7