Cecil County
Home MenuJune 1, 1999
Nelson K. Bolender, President
Harry A. Hepbron, Commissioner
Phyllis Kilby, Commissioner
constituting a full Board.
The meeting was called to order by President Bolender at 2:00 p.m. and opened with the Pledge of Allegiance.
- MINUTES - May 25, 1999 –
The minutes of May 25, 1999 were approved as written.
- PATTERSON REZONING -
A public hearing was held on the application for rezoning of Timothy and Lori Patterson. PROPERTY LOCATION: 560 Blue Ball Road, Elkton, MD 21921, 3rd Election District, tax map: 26, parcel: 39-40. PRESENTLY ZONED: Development Residential (DR). REQUEST: Rezone 8.682 acres from Development Residential (DR) to Business General (BG) for the purposes of motor vehicle repair or any other use permitted in a BG zone. PROPERTY OWNERS: Timothy and Lori Patterson.
The application was read by the County Administrator and all witnesses were sworn.
A verbatim transcript of this public hearing was taken by Susan Lynch, 55 Somerset Court, Elkton, Maryland 21921.
Mr. Findlay M. McCool, Esquire, Lori Patterson and Timothy Patterson appeared on behalf of the application. Mr. McCool stated the Patterson's own their home on Blue Ball Road and would like to establish a business adjacent to their home for the purpose of repairing automobiles. A building permit for a pole barn has already been issued and the land has been cleared for construction of the building. Prior to the erection of the building, the Pattersons were notified that they were in violation of the zoning ordinances to operate a business in the Development Residential zone. The application for septic and sewage for the portion of the property that will house the business establishment did not meet the required specifications of the Cecil County health Department.
Mr. McCool provided aerial and street level photographs of the property which were marked as Exhibit 1A – 1L. Mr. McCool presented a videotape of a portion of Blue Ball Road from Route 279 North. The video showed the properties and their use along Blue Ball Road, indicating a car lot and a salvage yard were within close proximity of the Patterson's property.
Mrs. Bungard of 576 Blue Ball Road, the nearest neighbor to the Pattersons, testified that the Pattersons have taken excellent care of their property and are very good neighbors. She commented that the land had been cleaned up and the Pattersons had made a significant difference in the overall appearance of the property. She had no objections to the rezoning request and the use of the property for general business purposes.
Mr. McCool stated that reason for the rezoning request was a mistake in the comprehensive rezoning plan of 1993 and there was a substantial change in the character of the neighborhood. The surrounding properties are being used for purposes consistent with the proposed use of the property in question.
Mr. Eric Sennstrom, Director of Planning and Zoning, advised that both staff and the Planning Commission recommended disapproval of the rezoning based on the applicant's failure to adequately demonstrate a mistake in the 1993 comprehensive rezoning or a substantial change in the character of the neighborhood.
Mr. Antoni Sekowski, Zoning Administrator, advised that staff defines the neighborhood to consist of any area within a ½ mile radius of the subject property – Route 213 to the East, Route 279 to the South, The Little Elk Creek to the West, and Gravelly Road to the North.
Mr. Sekowski presented the following findings of fact:
1. There have been no rezonings in the neighborhood since the 1993 Comprehensive Rezoning
2. Population changes – No significant changes.
3. Availability of public facilities - Public sewer and water is available at the intersection of Blue Ball and Dogwood Roads.
4. Present and future transportation and traffic patterns, character, and volume – Could create traffic problems due to lack of turning lanes and shoulders on Blue Ball Road.
5. Compatibility with the existing and proposed development in the area – Existing development is a mix of residential and industrial uses and should be compatible.
6. Compatibility with the intent of the comprehensive plan – The subject parcel is located in the Development District. This District encourages commercial development around the towns; however, the plan recognizes that conflicts between incompatible uses should be reduced by separating conflicting uses to limit invasiveness.
7. Compatibility with the purposes of any Special District in which the area requested to be rezoned is located – No Special District.
In response to questions, Mr. Sennstrom stated that the zoning of the nearby car lot was Business General and the salvage yard was Heavy Industrial.
Commissioner Bolender requested the decision to be tabled until the next Board of Commissioners meeting on June 15, 1999.
- KNOWLES REZONING –
A public hearing was held on the application for rezoning of Olive A. Knowles. PROPERTY LOCATION: 235 Arbour Drive, North East, MD 21901, 5th Election District, tax map: 41, parcel 372, 96, and 373. PRESENTLY ZONED: Northern Agriculture Residential (NAR). REQUEST: Reclassify .43 acres from Resource Conservation Area (RCA) to Limited Development Area, for the purpose of creating two 92) new residential lots through special growth allocation. PROPERTY OWNER: Olive A. Knowles.
The application was read by the County Administrator and all witnesses were sworn. A verbatim transcript of this public hearing was taken by Susan Lynch, 55 Somerset Court, Elkton, Maryland 21921.
Mr. Karl Fockler, Esquire, Mrs. Olive Knowles, Mr. Robert Jones, and Mr. Michael McAllister appeared on behalf of the application. Mr. Fockler stated that Mrs. Knowles is the owner of 88 acres at 235 Harbor Drive which is out Old Elk Neck Road. It is the desire of Mrs. Knowles to subdivide the property into two parcels to convey to her grandchildren.
A small portion of each lot is in the Critical Area, located in the Resource Conservation Area, and will require reclassification to special growth allocation. Mr. Fockler submitted the Planning and Zoning plats to be marked as Exhibits 1 and 2. The Cecil County Health Department has approved the application. There is one neighbor who has adjoining property with the Knowles and that neighbor appeared at the original Planning Commission hearing and stated no objections to the application.
Mr. Michael McAllister, a professional land surveyor, stated that the perk test was conducted two years ago and passed. He provided an explanation as to why the houses should be located as proposed. There is poor soil in the rear of the property and the Critical Area is located further south down the lane. While both houses will be located outside the Critical Area, the common driveway and the initial septic and well for Lot 2 will be in the Critical Area. Mr. McAllister stated that Cecil County Health Department, the Department of Public Works, and Planning and Zoning have approved the minor subdivision application.
Mr. McAllister further stated that Mrs. Knowles would replace approximately 30 trees that will be downed or disturbed during the building of the houses. It is the intent of the Knowles family to meet with Planning and Zoning to determine the appropriate location for tree replanting. In response to a question asked by Commissioner Kilby, Mr. McAllister stated that there were only minor modifications to the initial plan per the recommendations of Planning and Zoning.
Mr. Robert Jones of Fred Ward Associates stated he had been contracted to perform an environmental assessment because a portion of the subdivision development would be in the Critical Areas. The lots are entirely wooded. It is their recommendation that there be only limited clearing to areas necessary for the houses and there be no clearing for storm water management. The site was evaluated for potential endangered plants or species with none identified. A review of state and federal government records also supported that was no documentation of endangered life in this area. The Planning and Zoning Critical Area reviewed the plans and has no objections to the reclassification request.
Mr. Karl Fockler advised that the Chesapeake Bay Critical Area Commission has reviewed the request and has provided tentative approval pending approval from the Board of County Commissioners.
Mr. Eric Sennstrom, Director of Planning and Zoning, advised that both the staff and the Planning Commission recommend approval of the application.
Motion was made by Commissioner Kilby, seconded by Commissioner Hepbron, and unanimously carried to approve the Knowles special growth allocation application.
- COMMISSIONER COMMENTS -
Commissioner Hepbron reported that the Commissioners attended Memorial Day celebrations throughout the county and he is looking forward to the trip to Baltimore for the bond sale.
President Bolender stated that the Commissioners office will be issuing a press release regarding a ratings upgrade from Moody's Investors Service on General Obligation indebtedness. The ratings upgrade is to an A1 status from the previous A2 rating.
Commissioner Kilby announced that the Commissioners attended the Senior Citizens Health and Fitness Picnic.
- REPORT - GREEN THUMB -
Ms. Pat Jones, the local representative from Green Thumb, and Ms. Joyce Deems, the Regional Director appeared before this Board. They provided information about the Green Thumb program which is a national non-profit corporation that provides employment and training assistance for income-eligible citizens 55 years of age or older.
Green Thumb was established by the Johnson Administration and has expanded to include a community service program for individuals who need a job or to upgrade their skills. Workers are placed in non-profit and government agencies working 20 hours per week for minimum wage. The program is sponsored by the federal Labor Department and has been in existence in Maryland since 1978.
For the first time, this program is close to meeting their goals for Cecil County in the number of placements and the number of individuals involved in community service. The local program is seeking additional host agencies in Cecil County, additional citizens 55 years of age or older to participate in the program, and office space and office furniture. The presentation ended with a reminder to support the Older Americans Act for Title V provides the funding for this program.
- ADMINISTRATOR ITEMS -
Mr. Al Wein, County Administrator reported that the next Commissioners meeting will be June 15th at Port Deposit, 7:00 p.m. The July 20th meeting at Cecilton Fire Hall will complete the first town meeting circuit for the County Commissioner meetings.
- PUBLIC COMMENTS -
No public comment was presented.
- PERSONNEL ITEMS -
Mr. Al Wein presented a resolution on behalf of the Department of Human Resources to provide employees with the contributory pension benefit under Title 23 of the State Personnel and Pensions Article of the Annotated Code of Maryland. President Bolender commented that this was a contributory policy, requiring the employee to put in 2% and the county would match with an additional 2%.
Motion was made by Commissioner Kilby, seconded by Commissioner Hepbron, and unanimously carried to adopt a Resolution to provide employees with the contributory pension benefit under Title 23 of the State Personnel and Pensions Article of the Maryland Code. A copy of the resolution is incorporated as a part of these minutes.
Upon recommendation by the Department of Human Resources, motion was made by Commissioner Kilby, seconded by Commissioner Hepbron, and unanimously carried to appoint Mr. Walter R. Vannoy as Operator Trainee at the Water and Wastewater Division of Public Works at $19,718.40 , Grade 4.
Pursuant to Policies and Procedures A277-18 (B)(2), and upon the recommendation by the Department of Human Resources, motion was made by Commissioner Kilby, seconded by Commissioner Hepbron, and unanimously carried to grant acting pay for Mr. Martin J. Ward, Equipment Operator II at $22,934.50 (grade 5) Roads, to Temporary Acting Crew Leader at a salary of $24,294.40 (grade 6). Mr. Ward has been performing the duties of Crew Leader since March 16th. The permanent Crew Leader is currently on medical leave. Mr. Ward's Crew Leader salary will be effective March 30, 1999.
- APPOINTMENT -
Motion was made by Commissioner Kilby, seconded by Commissioner Hepbron, and unanimously carried to appoint Ms. Gail Townsend of W.L. Gore and Associates to the Susquehanna Region Private Industry Council, Inc. for a term that will expire June 30, 2000.
- BID - TREE TRIMMING -
Motion was made by Commissioner Kilby, seconded by Commissioner Hepbron, and unanimously carried to award the bid for tree trimming to Nitz Tree Service.
- BID - BITUMINOUS MATERIAL -
Motion was made by Commissioner Kilby, seconded by Commissioner Hepbron, and unanimously carried to award the bid for Bituminous Material to E. Stewart Mitchell, Inc.
- REQUEST FOR GROWTH ALLOCATION – CHESAPEAKE CITY
Mr. Eric Sennstrom presented a request by the town of Chesapeake City for growth allocation for approximately 20.4 acres to be used for residential within the Critical Area. The land is completely within the incorporated limits of Chesapeake City and is presently zoned Traditional Neighborhood District. The staff of Planning and Zoning supports the request.
Motion was made by Commissioner Kilby, seconded by Commissioner Hepbron, and unanimously carried to grant Chesapeake City's request for growth allocation.
- DEED - BRYANT -
Mr. Fred Orr, Deputy Director of Public Works, appeared before the Board. Upon recommendation from Mr. Orr, motion was made by Commissioner Kilby, seconded by Commissioner Hepbron, and unanimously carried to approve a deed between James Rafburn Bryant and Viola Marie Bryant and the Board of County Commissioners of Cecil County. The deed is for 7,740.68 square feet of fee-simple land for reconstruction of Horseshoe Road Bridge in the 6th Election District.
- RESOLUTION - FIRE/RESCUE FACILITY SITE PLAN FEE WAIVER
Mr. Al Wein presented a resolution to waive the plan review fees required by the Department of Public Works, Office of Planning, Zoning, Parks and Recreation, and the Department of Permits and Inspections for all county fire and rescue facility site plans. The motion was made by Commissioner Kilby, seconded by Commissioner Hepbron, and unanimously passed to approve the resolution to waive site plan fees for all county fire and rescue facilities. The Resolution is incorporated as part of these minutes.
- BUDGET AMENDMENTS -
Motion was made by Commissioner Kilby, seconded by Commissioner Hepbron, and unanimously carried to approve Budget Amendments as presented by Mr. Al Wein. Copies of the Budget Amendments are incorporated as part of these minutes.
Motion was made by Commissioner Kilby, seconded by Commissioner Hepbron, and unanimously carried to adjourn.
Alfred C. Wein, Jr.
County Administrator
APPROVED:
Nelson K. Bolender, President