Board of Town Commissioners

MINUTES BEL AIR BOARD OF COMMISSIONERS WORK SESSION MEETING FEBRUARY 11, 2025 The Board of Commissioners Work Session Mee�ng was held on February 11, 2025, 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. ROLL CALL III. APPROVAL OF AGENDA Commissioner Chance mo�oned to approve the agenda. Commissioner Taylor seconded the mo�on. Chair E�ng asked for a vote on the agenda. Ayes: Commissioners Rutledge, Taylor, Chance, E�ng. Nays: None. Mo�on carried 4-0. IV. TOWN ADMINISTRATOR’S REPORT Mr. Hopkins said he did not have items to report. V. PRESENTATION A. Bicycle/Pedestrian Plan Presenta�on Mr. Small said his staff formulated a PowerPoint presenta�on to address commissioners’ numerous ques�ons about the plan. Laura Bianca-Pruet first presented background. She said the current plan is an update to the 2013 Comprehensive Bicycle and Pedestrian Plan. She defined “comprehensive plan” and noted that although 1 it is non-binding, it does provide a blueprint when working with government bodies and developers and is a resource when applying for grants. Ms. Bianca-Pruet said the current vision is a con�nua�on from the 2013 plan, which is to “strengthen pedestrian connec�vity and reinforce alterna�ve modes of transporta�on such as cycling and mass transit in the town.” She said that to achieve this vision, the town will build upon the exis�ng pedestrian network, improve its bicycling network, and assist with improving mass transit. Ms. Bianca-Pruet described the process and public engagement measures implemented to create this current plan. She said staff reviewed previous planning efforts, held an open house in June 2024, set up boards and easels at the farmers’ market in summer 2024, and conducted surveys. She noted the surveys elicited over 70 responses. Ms. Bianca-Pruet said staff used this feedback to create the current plan. She then listed previous plans that influenced the current one, including Safe Streets for All 2024, the Comprehensive Plan 2022, the Complete Streets Leadership Academy 2024, the Harford County Bicycle and Pedestrian Plan 2021, and the Sustainability Bel Air Plan FY20-FY24. Ms. Bianca-Pruet presented graphics that indicated that the top priori�es of respondents were to build more and safer bike facili�es and lanes, and to reduce street traffic. She then discussed proposed pedestrian improvements, including infilling gaps in the sidewalk system, crea�ng trail connec�ons, acquiring easements, improving the pedestrian environment along major routes, and improving safety and comfort along these routes. For bicycle and transit improvements, these proposals include upgrading exis�ng town bike routes, installing traffic calming devices, providing an appropriate landscape along major routes, and improving ameni�es and access at exis�ng transit stops. Ms. Bianca- Pruet listed the measure that would be taken to promote pedestrian and bicycle services, such as suppor�ng children walking or biking to school, fostering public awareness, crea�ng a safe and secure environment for pedestrians and bicyclists, and enforcing traffic laws. She described the ten-year ac�on plan and noted that there are short-term, medium-term, and long-term improvements that can be addressed as proper�es are redeveloped. She also stated that there are ongoing efforts and regular maintenance. Chair E�ng said she did not think that Majors Choice Park is an appropriate area for a bike path. Chair E�ng said there are very few passive parks like Majors Choice Park that are s�ll wild with streams and wildlife and this park should remain that way. She said that Harford County Climate Ac�on also supported leaving some of the town’s parks in a natural state. Chair E�ng also noted that the neighborhood of Majors Choice previously supported keeping the park in its natural state. Chair E�ng said that she preferred that bicycle trails be created where the cyclist is out of traffic and can ride safely. She ques�oned whether survey respondents also would also prefer safer bicycle paths rather than wan�ng a bicycle route to get from one place to the next. Commissioner Chance thanked Ms. Bianca-Pruet for all her hard work on this plan. Commissioner Chance said that the Commitee for Seniors and Ci�zens in Need has discussed what seniors would like to have for recrea�on in town, which includes more benches and walkability. She asked that Ms. Bianca- Pruet atend a mee�ng of this commitee and present this plan to them and gather their input. Commissioner Chance noted that the plan is not defini�ve, rather it is a compila�on of what people would like to have in town. Commissioner Taylor supported the por�ons of the plan regarding pedestrian improvements and walkability. He said his chief concern was the sec�on regarding bicycle lanes. He said this sec�on 2 contained “declaratory sentences,” even though there will be an evalua�on process for each of these improvements. Commissioner Taylor further added that he was skep�cal about installing bicycle lanes on some of these roadways, such as Broadway and Rockspring Road, and ques�oned whether this is the best use of taxpayer funds. He agreed with Chair E�ng that people want areas to ride bicycles recrea�onally. He suggested rephrasing the wording to include an evalua�on sec�on and “so�ening the language” so that it is clear the town is not necessarily endorsing these proposed improvements. Chair E�ng agreed with Commissioner Taylor’s comments. Mr. Small clarified that the town does not have decision-making power on any road that is a state route; state highway will make those decisions. He said he will add language in the plan that says the town will defer to state highway’s decisions on these routes. Mr. Small further added that some of the proposed bicycle lanes are poten�al connec�ons to county routes, which may require designated bicycle routes on busy roads. Commissioner Rutledge thanked Mr. Small and Ms. Bianca-Pruet for all their hard work. Mr. Small agreed with Commissioner Rutledge’s sugges�on to change the language on page 19 to say, “crosswalks are mostly limited to signal intersec�ons.” Commissioner Rutledge was also in support of installing flashing pedestrian light signals to highlight crosswalks and Mr. Small agreed. Commissioner Rutledge said he supported Chair E�ng’s request to remove Majors Choice Park from the plan, and Mr. Small said he would remove it. Commissioner Rutledge then asked that the language in the introduc�on be rewriten in poli�cally neutral language. He said he did not want people with poli�cally different viewpoints to be deterred by certain buzzwords. He said he wanted this plan to be for all people. Mr. Small said he could adjust the language to make it “more benign.” Ms. Bianca-Pruet concurred that she, too, wants to include all people and she did not want language that may detract from poten�al grants. Mr. Small asked if the plan should be listed as new business for the next town hall mee�ng where tonight’s comments would be included and it would be voted on for acceptance. Or, he said it could be included with revisions for the town hall mee�ng on March 3. Commissioners agreed to receive it for final review on March 3. IV. TENTATIVE AGENDA FOR TOWN MEETING (Tuesday, February 18, 2025, at 7:00 pm, Bel Air Town Hall) A. Presenta�ons 1. Bel Air Police Department Recogni�on a. Rob Pfarr Promo�on to Lieutenant Chief Moore said this is the new posi�on that was included in the FY25 budget. Chief Moore said it was a four-to-five-month process that involved three sergeants. Officed Pfarr was the successful candidate. 3 B. Public Hearing 1. 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 Mr. Krantz said this resolu�on was received at the last town hall mee�ng and the resolu�on remains unchanged. C. Unfinished Business 1. 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 D. New Business 1. Resolu�on 1246-25 Bicycle/Pedestrian Plan Chair E�ng said this resolu�on will now be addressed on March 3. VII. COMMISSIONER LIAISON REPORTS Commissioner Taylor said the Appearance and Beau�fica�on Commitee met and began preliminary plans for the May garden mart. VIII. STAFFING UPDATE A. Review Term Expira�on Dates of Boards, Commitees, and Commissions Mr. Krantz said a laborer posi�on is posted as well as a police officer recruit, which could be a lateral posi�on. He said a deputy director of planning posi�on is also posted. Mr. Krantz said he is currently receiving applica�ons and conduc�ng interviews. Chair E�ng said the Tree Commitee has an interested candidate to replace Wayne Merkel’s posi�on and this person will be atending tomorrow’s mee�ng. She said she will also ask Marion McCarron about her con�nued interest in remaining on the Tree Commitee. Commissioner Taylor said Todd Boyle has submited his applica�on to remain on the Economic and Community Development Commission. VI. CALENDAR See next sec�on. 4 VII. MISCELLANEOUS A. Tenta�ve Budget Schedule for Fiscal Year 2026 Ms. Moody said the budget work sessions are not yet posted on the calendar but will be a�er she is assured of a quorum on the proposed dates. Ms. Moody also requested and received confirma�on that the budget work sessions will begin at 4:30 pm. B. Update on the Sworn Officers Pension Plan and the Civilian Employees Pension Plan Annual Actuarial Mee�ng Ms. Moody provided a detailed summary of the actuarial mee�ngs that were held in November for both plans. She explained that the actuary recommended to both boards that a study be done to reduce the investment rate, currently set at 7%, to 6.5% or 6.75%, percentages which are more in line with industry standards. She said that such a percentage change would impact the funded ra�o and percentage of pay for both plans. For the civilian plan, Ms. Moody said it went into effect on July 1, 2006. Ms. Moody said it is currently a healthy plan. She noted that the trustees have a huge fiduciary responsibility and meet yearly with the investment manager and the actuary. Ms. Moody said that there are currently 34 re�red beneficiaries and 65 ac�ve members. She said the market value as of July 1, 2024, is over $11 million and the return is 15.3%. Ms. Moody then detailed that the actuary’s numbers are lower ($11,108,000 and 6.7% return) because of a smoothing method that incorporates gains and losses over a five-year period to keep the numbers steady and less vola�le. Ms. Moody said the funded ra�o is healthy at 84.6%, a slight decrease from the prior fiscal year. She noted that ra�ng agencies look at a funded ra�o of 75–80% so this plan has exceeded that goal. Ms. Moody said that for the percentage of pay, the town contributes 8.7%. She noted that the actuary calculated that percentage of pay for this fiscal year should be 9.14% but the actuary is only concerned when that differen�al is 1%. Ms. Moody said that employees contribute 5.9% of base pay. She noted that whenever a change in percentage of pay is needed, the trustees will vote and the responsibility will lie with the employees. Ms. Moody noted that the study will show how the percentage of pay will be impacted if the 7% investment rate was dropped. For the sworn officers plan, Ms. Moody said this plan was started in July 2003. She said there are 15 re�red beneficiaries with 30 ac�ve employees. She said the market value is $10,800,000 with a return of investment at 15.3%. Ms. Moody said the actuarial value is $10,700,000 with a 6.8% return due to the smoothing method. She said the funded ra�o is 94% up from 91% making this a very healthy plan. Ms. Moody said the percentage of payroll is also 7% and the town contributes 9.4%, which is higher than what the plan requires. Despite these percentages, Ms. Moody cau�oned about quick changes and that the percentage of payroll can go up and down. She said the employees contribute 10%. Ms. Moody noted the high quality of the boards of trustees who manage the plans, as well as the actuary and investment manager, which have been with the plans from the start. 5 C. Discussion of Maryland General Assembly House Bill HB0487 (SB0484) Unhoused Individuals – Rights, Civil Ac�on, and Affirma�ve Defense Chair E�ng referred to her leter providing writen tes�mony regarding this bill. She noted that her signature did not represent the en�re board. Chair E�ng said the hearing for the bill is tomorrow. She expressed her strong reserva�ons regarding this bill and said if this act is reinstated at the state level it will be harmful to the homeless popula�on as well as law enforcement. Commissioner Taylor said her leter was accurate and he appreciated that the leter came from the chair of this board. Commissioner Taylor said such legisla�on could have a drama�c effect on municipali�es and will result in the homeless seeking less services, an increase in mental health issues, and an increase in public health issues. He noted that MML has also filed in opposi�on. Commissioner Chance cau�oned that she did not want anyone to think that the county or the town has turned “a blind eye” to the plight of the homeless by opposing this legisla�on. She pointed out that many organiza�ons in town work hard to support the homeless both through efforts and funding. Chair E�ng said this legisla�on will take away the town’s ability to encourage the homeless to go to shelters or rehabilita�on, but her opposi�on does not mean she is abandoning their needs. Chief Moore said this legisla�on would make efforts to eradicate homelessness more difficult for those who advocate for their needs. D. 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 said he spoke with Commissioner Chizmar to make sure that there are no loopholes in this amended legisla�on. He said that a developer could poten�ally interpret the sec�on regarding harmony with the neighborhood in many different ways. He noted that the intent of the commissioners is that they do not want something that is out of place with the surrounding area, but use must also be considered. He proposed adding the words “harmony of the proposed use with the neighborhood.” Mr. Small said this change is for considera�on and ac�on is not required tonight. Mr. Small said he discussed with town counsel a scenario where a developer gets the allowance to go below 50% but then does not follow through with the development. They reached the conclusion that there should be wording that allows the Planning Commission to state that no building permit will be issued un�l the developer posts bond or no use and occupancy cer�ficate will be issued un�l specified improvements are done. He explained how he constructed the proposed language in the code. Commissioner Taylor was in support of the changes. Commissioner Rutledge also supported these changes and suggested keeping the language simple and not add another sec�on. Mr. Krantz confirmed procedures for this changes. He said when there is obvious consensus for amendments to a received ordinance, staff will produce a list for commissioners to read when the amendments are introduced. Chair E�ng added that she and Commissioner Chizmar are in support of the 40% threshold while others are in support of 35%, but she will consider the percentages further at the public hearing. 6 E. 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 Commissioner Taylor said that he has received emails regarding the exemp�on and the carve-out for this specific property. In terms of the carve-out, he said he has considered exigent circumstances, public comment from the last town hall mee�ng, and fairness, as well as the manner in which the exempted property would fit in the surrounding area. He said he requested a list of other high-density areas in Bel Air to see what else has been allowed by the town. He concluded from the list that these areas consist of townhouses, apartments, or condominiums and all are under 20 dwellings units per acre, which is the proposed cap in the legisla�on. Commissioner Taylor said the only excep�on is an apartment building in the B2 zone on Main Street, which is exempted from the density limits. Commissioner Taylor said he did not find any exigent circumstances. In terms of fairness and integrity, Commissioner Taylor said all the other proper�es meet the 20 dwelling units per acre density. He said it would be important to codify this density in the B-2A and B-3A zones because density is regulated by parking in these zones. He said that when the parking is sa�sfied in an irregular way the density regula�on is ignored and the density becomes far out of step with the area. He said that speaking on principal, crea�ng a carve-out for a project that would have densi�es so much higher than the surrounding area as well as the rest of the town, would not be good public policy. Commissioner Rutledge requested a �meline to aid in his decision. In answer to Commissioner Rutledge, Mr. Small said that Hickory Flats acquired a building permit in mid-fall 2024. Commissioner Rutledge asked why it took so long to get a building permit if the parking garage permit was approved in August 2023. Mr. Hopkin said he would work with Mr. Small and Mr. Kline to compose a �meline. Commissioner Rutledge again asked about delays on this project if it was approved before The Standard on Bond, which has now begun construc�on. He asked for the �meline to proceed from the approval of the Planning Commission to the building permits. He said the cri�cal issue for him regarding the carve-out is fairness and equity and what has led to this need for a carve-out. He ques�oned whether there was an avoidable delay that the developers could have remedied themselves. Commissioner Rutledge provided a history of events from Planning Commission approval to the parking garage lease in August 2023, including the elec�on of the commissioners based on cons�tuents’ opposi�on to this development. He said that it should be no surprise to the developers of Hickory Flats that a year and a half later these commissioners have introduced legisla�on that would put their project in jeopardy. Commissioner Rutledge wanted to know what legal impediments in the town’s process prevented the developers from proceeding and pulling the building permit. He said he needs this informa�on to weigh the equi�es of the carve-out. Mr. Kline said the speed at which a building permit is issued depends on variables that the town o�en does not have control over. He cited Raising Cain’s Restaurant as an example wherein the owners came to the town three years ago with a proposal and are now just razing the buildings on the property. Chair E�ng asked about the �meline and whether the town prevented the Hickory Flats developers from proceeding. Mr. Small said that their Board of Appeals approval lapsed and they had to go to the Board of Appeals and the Planning Commission for more approvals, all which was not in the town’s control. 7 VIII. COMMISSIONERS’ COMMENTS Chair E�ng related that the HPC appeal is now House Bill 1255, and a hearing before the house will be held on March 6 at 1 pm. She said HPC members are welcome to atend or submit writen tes�mony. Mr. Hopkins added that he forwarded an email to the commissioners from Elizabeth Hughes who had ques�ons regarding the HPC’s reasons for this bill. Chair E�ng said it is a simple explana�on and allows for ci�zens to take the less expensive route by appealing to the Board of Appeals if they so choose. Chair E�ng was hopeful that the local delega�on will support the bill. IX. ADJOURNMENT Commissioner Taylor mo�oned to adjourn the mee�ng. Commissioner Rutledge seconded the mo�on. All in favor. The mee�ng adjourned at 6:49 pm. APPROVED AS AMENDED: March 3, 3025 Signature on file _____________ Paula S. E�ng, Chair Board of Town Commissioners Signature on file_____________ Michael L. Krantz, Town Clerk 8