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Board of Town Commissioners

Regular Meeting

Bel Air, MD · May 5, 2025

AgendaMinutes

Minutes

COMMISSIONERS TOWN HALL MEETING MAY 5, 2025 The Board of Commissioners Town Hall Mee�ng was held on May 5, 2025, at 7:00 pm. PRESENT: Commissioner Paula S. Etting, Chair Commissioner Steven T. Chizmar 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 and 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 ABSENT: Commissioner Mary F. Chance I. CALL TO ORDER Chair E�ng called the mee�ng to order at 7:00 pm and read the roll call of commissioners. II. PLEDGE OF ALLEGIANCE III. APPROVAL OF AGENDA Commissioner Taylor mo�oned to approve the agenda. Commissioner Chizmar seconded the mo�on. Mr. Krantz asked for a vote on the agenda. Ayes: Commissioners Rutledge, Chizmar, Taylor, E�ng. Nays: None. Mo�on carried 4–0. IV. APPROVAL OF MINUTES Commissioner Rutledge mo�oned that the minutes of the Board of Commissioners mee�ngs held on April 15, 2025, open and closed sessions, April 21, 2025, and April 24, 2025, be approved as submited. Commissioner Taylor seconded the mo�on. Mr. Krantz asked for a vote on the approval of the minutes for April 15, 21, and 24, 2025. Ayes: Commissioners Rutledge, Taylor, E�ng. Absten�on: Chizmar (absent from all the mee�ngs). Nays: None. Mo�on carried 3 ayes-1 absten�on. V. PUBLIC HEARING A. Resolu�on 1251-25 Town of Bel Air Fee Schedule Amendments 1 VI. UNFINISHED BUSINESS Chair E�ng opened and closed the public hearing at 7:02 pm with no public comment. A. Resolu�on 1251-25 Town of Bel Air Fee Schedule Amendments Commissioner Chizmar mo�oned that Resolu�on No. 1251-25, amending the town’s Fee Schedule, be approved by the Board of Town Commissioners. Commissioner Rutledge seconded the mo�on. Mr. Krantz said this resolu�on amends the fees for the traffic impact analysis—the determina�on of scope fees ($250) and the review of study fees ($1,000). Mr. Krantz said the previous cost was $900. In addi�on, Mr. Krantz said document recording fees are now in the fee schedule. These fees are in reference to land records for the county. He said the town will collect and remit these fees and the costs are established by the county. Mr. Krantz provided examples of the types of fees and their costs. Chair E�ng said the fees for the traffic impact analysis will be paid by the en�ty wishing to do development in town and the document recording fees are pass-through fees that must now be included in the fee schedule. Commissioner Taylor said the town must collect these fees otherwise the taxpayer will bear the difference. In addi�on, they are fees that are currently being born by the taxpayers that are now being shi�ed to en��es that wish to do development in town. Mr. Krantz asked for a vote on approval of Resolu�on 1251-25. Ayes: Commissioners Rutledge, Chizmar, Taylor, E�ng. Nays: None. Mo�on carried 4–0. VII. NEW BUSINESS A. Ordinance 841-25 Indoor Shoo�ng Range Commissioner Taylor mo�oned that Ordinance No. 841-25, revising Town Code Chapter 165, Ar�cle VII, Performance Standards, Ar�cle XIV, Defini�ons, and Table 3-1 Permited Use Tables, related to Shoo�ng Ranges be received by the Board of Town Commissioners. Commissioner Chizmar seconded the mo�on. Commissioner Taylor said this ordinance will permit indoor shoo�ng ranges in the B3 and B-3A districts. He said the need for this ordinance arose when a request for an indoor shoo�ng range was denied because the town currently does not permit it. Mr. Small said there will be setbacks for childcare centers, churches, and schools at 300 feet and residen�al zones at 100 feet. He reported that the Planning Commission is in support of this legisla�on but recommended 500-foot setbacks. Mr. Small said the ordinance also requires a plan to address safety, security, and noise and an allowance for the Board of Appeals to address issues such as hours of opera�on and qualifica�ons of employees. Chair E�ng asked why the Planning Commission recommended 500 feet. Mr. Small replied that they felt that the use of firearms should be further away and erred on the side of safety. Commissioner Taylor noted that the laws for cannabis also require a setback of 500 feet. In answer to Chair E�ng, Mr. Small said that these setback figures are the same as those required for amusement centers in town. He told her that for residen�al it is 100 feet from the property line and it is 300 feet from building to building in the commercial zones. 2 Chair E�ng said she was trying to determine where to differen�ate between what is statute and what should be done as a business prac�ce. She felt that the board should stay on the side of determining legisla�on and not interfere with business decisions. She also ques�oned the ability of the Board of Appeals to determine the number and qualifica�ons of employees. Commissioner Taylor noted that language in the ordinance is drawn from Harford County code, specifically, “Adequate measures must be taken to ensure that no loaded firearms will be brought into or taken out of the building.” Chief Moore added further informa�on. He said there is very litle legisla�on with indoor gun ranges, so most of them develop their own rules and regula�ons with the overriding concern of insurance. He said indoor gun ranges abide by the rule that patrons must go in with an unloaded gun and out with an unloaded gun, except for law enforcement. Chair E�ng said she was concerned about people unloading guns in the parking lot. She noted that she is not opposed to the ordinance but is concerned with noise and lead. Mr. Kline said the building would be required to have proper ven�la�on. Chief Moore again said that insurance policies will require stringent rules because of civil liability. Chair E�ng then discussed the Board of Appeals having the power to determine the qualifica�ons of adult atendants and ques�oned whether the board has the knowledge to make those judgements. Chief Moore countered that the safety plan could determine the qualifica�ons. Commissioner Taylor explained the inclusion of “qualifica�ons” and its placement in the ordinance. He said that if someone submits a plan, he expects there will be much communica�on between Mr. Small and the police department before the plan gets to the Board of Appeals. He explained there is no set performance standards in terms of qualifica�ons in the ordinance but something could be imposed. Chair E�ng remained concerned about a Board of Appeals member making this decision. Chief Moore said a firearms instructor could be consulted. Chair E�ng returned to her concerns regarding unloading a gun before entry. She countered that some police officers do not like to carry their guns unloaded. Chief Moore said the safety plan could clarify this issue. Chair E�ng ques�oned whether the county’s laws may have changed recently. She felt that if someone is a law enforcement officer or a person has a conceal and carry permit, she felt that the town does not have the authority to regulate how they unload their guns. She countered that a business could set the rules. Commissioner Rutledge said he has no issue with the 300-foot setback, declaring that the func�on of a shoo�ng range is en�rely different from a marijuana dispensary. He agreed with Chair E�ng that the rules regarding loaded firearms should not be in the performance standards. He reasoned that this could result in a business liability. Commissioner Rutledge said the town should not revoke a business because of a viola�on of that rule nor does he want to violate someone’s right to bear arms. Commissioner Rutledge discussed the issue of adult atendants. He ques�oned whether someone at the “cash register” is an atendant and would need qualifica�ons. Commissioner Taylor said this employee posi�on is different from that of a range boss so would not need such qualifica�ons. Chief Moore said that when he was doing his research he found that there were suicide incidents at gun ranges and he determined that someone qualified must be in atendance. Commissioner Rutledge said he does not want the Board of Appeals to deny people (cashiers) their jobs because the board felt they were not qualified. Commissioner Taylor asked about inser�ng the phrase, “the atendants responsible for the safety of the facility.” Commissioner Rutledge countered that there is no way one can predict a suicide. He said, “these incidents are the price of freedom.” He said he does not want to give the Board of Appeals the authority to determine how many people with what qualifica�ons may work at a gun 3 range. Commissioner Rutledge said that someone on the board who is an�-Second Amendment could shut the range down. He would prefer to leave these decisions with the business itself. Chief Moore agreed and said it could be put in the safety plan. Commissioner Chizmar felt the police department has the exper�se to determine the guidelines. Commissioner Taylor said he is agreeable to amending the language, making changes, or just adding it to the safety plan. Commissioner Rutledge followed up that he would like 2.[a][ii]. deleted, 1.[b] deleted, and the 300-foot setback to remain. Ms. Thompson noted that the Board of Appeals is quasi- judicial so it is on the record and the police department would give expert tes�mony. She said the board would be required to determine whether facts meet the law. Commissioner Taylor added that the issue would not go to the Board of Appeals un�l it has been thoroughly reviewed by all interested par�es. Commissioner Rutledge said he is favor of this legisla�on. Commissioner Taylor said they can work on the amendments and he would also like to get public input. He agreed that a sec�on will have to be removed that could be a possible challenge under state law, and criteria for hiring could be a part of the safety plan. He said the ordinance has reasonable, responsible guidelines that can be enforced via the police department. Commissioner Chizmar asked about a hypothe�cal situa�on wherein a school or church would want to build an addi�on that would affect the 300-foot setback. Mr. Small said that if this addi�on does not have any adverse impact, it should be able to get a variance and be approved via the Board of Appeals. He explained for Commissioner Chizmar why the ordinance uses building to building to determine setback rather than the property line. Mr. Small said the town is urban and some uses are on top of each other. He noted that accessory buildings are excluded from this regula�on. He added that this ordinance could use property to property if the commissioners so choose. Chair E�ng confirmed with Mr. Small that using building to building would give more proper�es the ability to install an indoor gun range and so she was sa�sfied with building to building. Commissioner Rutledge agreed declaring it is a prac�cal mater and the adjoining proper�es may not always be churches or schools. Chair E�ng said it is the distance not the property line that is important. Mr. Krantz asked for a vote on receipt of Ordinance 841-25. Ayes: Commissioners Rutledge, Chizmar, Taylor, E�ng. Nays: None. Mo�on carried 4–0. B. Acceptance of Fiscal Year 2024 Audit Commissioner Rutledge mo�oned that the audit for FY 2024, ending June 30, 2024, completed by SB & Company, LLC be accepted by the Board of Town Commissioners. Commissioner Taylor second the mo�on. Ms. Moody said this was another good audit for the town. She said that in the general fund excess of revenues over expenditures was $486,592 because the town received more revenue and spent less than an�cipated. She said the audit determined there were no major internal controls or deficiencies. Ms. Moody further detailed the money that was transferred to reserves and the ending balances a�er transfer. Ms. Moody highlighted revenues and said there was more in business corpora�on taxes, the town recognized more ARPA monies, and red-light camera revenues were high. Actual expenditures were $194,259 less than budgeted due to savings in general government, public works, town buildings, planning, technology opera�ng expenses, and unused stormwater management funds. Ms. Moody said the parking fund had a net loss of $112,600, which was $31,000 less than budgeted. Ms. Moody said the 4 sewer fund had a net loss of $330,214 due to increases in the Harford County bulk rate that were more than an�cipated. She also reported that the town’s three fiduciary funds all showed posi�ve change in net posi�on due to investment gains. Mr. Krantz asked for a vote on the acceptance of the FY 2024 audit. Ayes: Commissioners Rutledge, Chizmar, Taylor, E�ng. Nays: None. Mo�on carried 4–0. C. Appointment to the Historic Preserva�on Commission 1. Stephen Burdete Commissioner Rutledge mo�oned that the appointment of Stephen Burdete to the Bel Air Historic Preserva�on Commission for a term of three years, effec�ve immediately, be approved by the Board of Town Commissioners. Commissioner Chizmar seconded the mo�on. Commissioner Rutledge said he has goten feedback from mul�ple sources that Mr. Burdete is an outstanding appointment to the Historic Preserva�on Commission. He said Mr. Burdete’s creden�als are excellent and his exper�se will be a great benefit to the commission. Chair E�ng agreed and commented on Mr. and Mrs. Burdete’s ac�ve par�cipa�on in the town. Commissioner Chizmar said he served previously with Mr. Burdete on the commission and they worked together to designate proper�es. He said Mr. Burdete has a passion for the subject. Mr. Krantz asked for a vote on the appointment of Stephen Burdete to the Bel Air Historic Preserva�on Commission. Ayes: Commissioners Rutledge, Chizmar, Taylor, E�ng. Nays: None. Mo�on carried 4–0. VIII. PUBLIC ANNOUNCEMENTS May is Mental Health Awareness Month. The fourth annual “Your Mind Maters: A Family Wellness Night” will be held on May 16 at Leidos Field at Ripken Stadium. The Town of Bel Air’s Garden Mart will be on May 9 at the armory sponsored by the Appearance & Beau�fica�on Commitee. The Icons exhibit, a celebra�on of how icons influence the lives and work of ar�sts, will run from May 7 to July 12, with an opening recep�on on May 17, at the Harford Ar�sts Gallery in the Armory Marketplace. The Belle Aire Market, a seasonal open-air an�ques and ar�san market hosted by the Bel Air Downtown Alliance will begin its season on May 11 and will be held the second Sunday of the month through October. The market is in the parking lot at 121 S. Main Street. The Susquehanna Symphony Orchestra will perform its May concert, “Across the Pond & Out of This World!” on May 17 at Bel Air High School. The third annual Bel Air Town Derby will be on May 18. Close to thirty young people will race their derby cars sponsored by local businesses and community organiza�ons. Main Street will be closed from 7 am to 1 pm. The Downtown Alliance and the Bel Air Lions Club have worked on this event. The Historical Society of Harford County will host Revolu�onary Harford: The Shot Heard ‘Round the World at the Hays House Museum on May 18. Visitors will learn from local historians how people in Harford County reacted to the news that the American Revolu�on had started. The Board of Town Commissioners will host their final budget works sessions on May 7 and 13. Members of the public may comment on the budget during a public hearing before the commissioners on May 19, the next town hall mee�ng. The Tree Commitee will meet on May 14. The Economic and Community Development Commission will meet on May 15. 5 On May 13 the Economic Development Department will partner with BGE to host an informa�on session for small businesses regarding the Energizing Small Businesses Grant in the community room at town hall. On May 10 there is a hazardous waste shredding event at the landfill on Scarboro Road. May 16 is Bike to Work Day, an annual event that will be take place at 220 S. Main Street, the county office building. IX. PUBLIC COMMENTS John Stump, 523 E. Broadway, said he was speaking on behalf of those who make up the thin blue line. Mr. Stump said one addi�onal police officer for the department is not enough. He declared that modern law enforcement must balance �me-tested methods with innova�ve strategies to enforce law and build trust, focusing on community rela�ons and embodying the principles of jus�ce and fairness. Mr. Stump said police officers are our guardians, our peacemakers, and our heroes who sacrifice their safety for ours. He said they are o�en the first to arrive when there is an incident and the last to leave. Mr. Stump said the police department is the founda�on of the town’s stability. He said the police department is not an a�er-the fact-organiza�on but a before-the-fact organiza�on. Mr. Stump declared that we owe the police a debt of gra�tude that can never be repaid and we should not take for granted the peace we enjoy today because of the thin blue line. Mr. Stump said it takes ten months to train to be a police officer and in the mean�me the town could lose officers due to re�rements. He said more police officers means less over�me, although he noted that crime preven�on is not cheap. He men�oned how he has also commented on April 7 and 21 and asked the commissioners whether they will wait or they will act. X. COMMISSIONERS’ COMMENTS Commissioner Taylor said that it was a pleasure to join Commissioner Rutledge and Chair E�ng on Law Day. He said it was a wonderful celebra�on of the rule of law, and said he appreciated the men and women who honor the cons�tu�onal heritage of the rule of law. Commissioner Rutledge confirmed that the short-term rentals legisla�on is on the agenda for the Planning Commission on June 5 and the Economic and Community Development Commission on June 12. He thanked staff and Ms. Moody for their hard work during the budget process and the successful audit. Chair E�ng recognized the police department and Best Buy for their work on the fraud/shopli�ing at Best Buy. XI. ADJOURNMENT Commissioner Chizmar mo�oned to adjourn the mee�ng. Commissioner Taylor seconded the mo�on. All in favor. The mee�ng adjourned at 8:07 pm. APPROVED: May 19, 2025 Signature on file _____________ Paula S. E�ng, Chair Board of Town Commissioners Signature on file_____________ Michael L. Krantz, Town Clerk 6

Agenda

Bel Air Board of Town Commissioners Town Hall Meeting Agenda May 5, 2025, at 7:00 PM Bel Air Town Hall 39 N. Hickory Ave., Bel Air, MD 21014 YouTube Live Stream 1. CALL TO ORDER 2. PLEDGE OF ALLEGIANCE 3. APPROVAL OF AGENDA 4. APPROVAL OF MINUTES 5. PUBLIC HEARING a. Resolution 1251-25 Town of Bel Air Fee Schedule Amendments 6. UNFINISHED BUSINESS a. Resolution 1251-25 Town of Bel Air Fee Schedule Amendments 7. NEW BUSINESS a. Ordinance 841-25 Indoor Shooting Range i. Public Comments b. Acceptance of Fiscal Year 2024 Audit i. Public Comments c. Appointment to the Historic Preservation Commission i. Stephen Burdette ii. Public Comments 8. PUBLIC ANNOUNCEMENTS 9. PUBLIC COMMENTS 10. COMMISSIONER’S COMMENTS 11. ADJOURNMENT Bel Air Board of Town Commissioners Agenda May 5, 2025 Ordinance No. 841-25 Chapter 165, Article VII, XIV & Attachment 1 RECOMMENDED MOTION: “…that Ordinance No. 841-25, revising Town Code, Chapter 165, Article VII, Performance Standards, Article XIV, Definitions and Table 3-1 Permitted Use Tables related to Shooting Ranges be received by the Bel Air Board of Town Commissioners.” 1. BACKGROUND The Town of Bel Air does not currently list a Shooting Range in the Development Regulations, so it is considered prohibited. Much of the operation of Shooting Ranges is regulated by various laws enacted by the State of Maryland. Restrictions such as location and relationship to the neighborhood is the responsibility of local government. 2. PRIMARY ISSUES The Town of Bel Air reviewed several examples of regulations from other jurisdictions both in and out of State. This review found that the State has laws which govern the function of a shooting range, and it appears Bel Air would be responsible for the use as it relates to the neighborhood. Some of those requirements are listed: • Require a setback from schools, church, or childcare buildings of 300 feet and setback from residential zones of 100 feet. • No loaded firearms outside the building. • No alcohol or controlled substances. • Adequate protections from escaping projectiles. • A plan to address security, safety, noise, storage of firearms/ammunition and environmental impacts. • Allowance for the Board of Appeals to address other issues such as: hours of operation, number and qualifications of employees, and size of the establishment. • The use would be a Special Exception in the B3/B3A districts. 3. DISCUSSION/EXPLANATION This proposed amendment was reviewed by the Planning Commission at their May 1, 2025, meeting and was recommended for approval with an amended setback from schools, churches, and childcare facilities to be 500 feet. 4. RECOMMENDATION The staff recommends Ordinance No. 841-25, amending the code to permit a Shooting range use be received by the Bel Air Board of Town Commissioners. Commissioners of Bel Air Agenda May 5, 2025 Audit for Year Ending June 30, 2024 RECOMMENDED MOTION: “...that the audit for FY 2024, ending June 30, 2024, completed by SB & Company, LLC, be accepted by the Board of Town Commissioners.” 1. BACKGROUND The audit for fiscal year 2024 was another in a series of good audits for the Town of Bel Air. This is the final year of a three-year contract with the option for two additional years with SB & Company, LLC. The General Fund excess of revenues over expenditures for the fiscal year was $486,592. The difference was due to receiving more in revenues and spending less than budgeted. 2. ISSUES There were no major internal control issues or deficiencies involved in the audit. The Town continues to maintain a healthy General Fund Unassigned Fund Balance, totaling $2,628,474 which is $43,317 less when compared to $2,671,791 at the end of fiscal year 2023. This was mainly due to the transfer debit of $100,549 to the stabilization reserve to meet policy. The Town transferred $40,062 to the Stormwater Management Reserve resulting in an ending balance of $341,559. The Town transferred $100,549 to the Stabilization Reserve resulting in an ending balance of $1,547,866. The Town transferred $388,897 to the Capital Reserve resulting in an ending balance of $4,873,918. The Town utilized $75,333 to pay for leave payouts during the year and transferred $75,333 to the Leave Payout Reserve resulting in an ending balance of $300,000. 3. DISCUSSION Actual revenues were more than budgeted revenues in the General Fund by $367,503, which excludes the various transfers to/from fund balance accounts. This resulted mainly from receiving more in business corporation taxes ($36,000), state shared income taxes ($141,300), the recognition of more ARPA monies than anticipated ($99,276), red light camera revenues ($29,118), and investment income ($39,915). Actual expenditures were less than budgeted expenditures in the General Fund by a net $194,259, which excludes the various transfers to/from fund balance accounts. This resulted mainly from savings in the following departments: $104,032 general government and $103,051 public works. Of the $207,083 gross savings in the two departments, approximately $89,082 was due to salary/benefit savings as a result of vacancies, $15,619 savings in town buildings operating/capital expenses, $26,153 savings in planning operating/capital expenses, $10,452 savings in technology operating expenses, and $45,674 in unused stormwater management funds (part of transfer to reserve). The Parking Fund showed a net loss in the amount of $112,600; however, the net loss was $30,986 less than budgeted ($143,586). The Sewer Fund showed a net loss in the amount of $330,214 due to the Harford County sewer bulk rate being more than budgeted which resulted in more expense to treat the Town’s sewage. The Town’s three Fiduciary Funds, Civilian Pension, Sworn Officers’ Pension, and OPEB, all showed a positive change in net position of $1,324,826, $1,376,896, and $98,397, respectively, due to investment gains. The audit report is available on the Town’s website. 4. RECOMMENDATION The staff recommends that the Board of Town Commissioners accept the fiscal year 2024 audit.

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