The Board of County Commissioners of Cecil County met in regular session at the Port Deposit Town Hall, Port Deposit, Maryland, on Tuesday, April 18, 2000.  The following members of the Board were present:

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 7:00 p.m. and opened with the Pledge of Allegiance.

-         MINUTES – APRIL 4 & 11, 2000 –

The minutes of April 4 and 11, 2000, were approved as written.

-         PUBLIC HEARING – AMENDMENTS TO ZONING ORD. –

A public hearing was held on the following amendments to the Cecil County Zoning Ordinance:

ADD NEW:  SECTION 157 – Convenience Stores (9.10.000)

          ARTICLE IV – SECTION 54.4 Table of

          Permissible Uses – Convenience Stores

          (Section 157) Subsection 9.10.00.

ADD NEW:  SECTION 158 – Agricultural Products Sales

          (1.01.110)

          ARTICLE IV – SECTION 54.4 Table of

          Permissible Uses – Agricultural Product

          Sales (Section 158) Subsection 1.01.110.

AMEND:    Article IV, Part XI, Section 135 – Motor

          Vehicle Filling Station (11.02.000)

          ARTICLE IV – SECTION 54.4 Table of

          Permissible Uses – 11.02.000 Motor Vehicle

          Filling Station (Section 135)

A verbatim transcript of this public hearing was taken by Susan Lynch, 55 Somerset Court, Elkton, Maryland 21921.

Mr. Eric Sennstrom, Director of Planning and Zoning, presented the amendments which were initiated by his office.  He stated in Section 157 they are proposing to add a new section concerning convenience stores.  The following amendment will affect Article IV and Article II, Part I, Section 12:

[Addition]

{Deletion}

Article IV, Section 54.4, Subsection 9.10.000 

Uses Description            BL  BG  BI  MB  MI  M2

[9.10.000  Convenience Store  SC  P   P   PC  P   P]

[Section 157.  Convenience Store (9.10.000)

Convenience stores may be permitted as a Special Exception in the BL zone provided:

1.   If three (3) permitted activities, uses or combinations of uses occur on the parcel, the convenience store shall not exceed three thousand (3,000) square feet, except where two (2) or less permitted activities, uses or combinations occur, the maximum gross floor area of the convenience store may increase up to five thousand (5,000) square feet.

2.  Bufferyards meeting the D standard of Appendix B  

    shall be required from all adjacent residential

    properties.

3.    Bufferyards meeting the C standard of Appendix B

    shall be provided from all collector or arterial

    roadways.

4.    Lighting shall be designed and controlled so that

    any light source, including interior of a

    structure shall be so shaded, shielded or directed

    that the light intensity of brightness shall not

    adversely effect safe vision of operators of

    vehicles moving on public or private roads.  Such

    lighting shall not shine into residential structures.  A lighting plan shall be required.

5.   Any dumpster or refuse area shall be screened from

    view.

6.   Vehicular access shall not be by means of any

    internal street to a residential subdivision.

7.   Motor vehicle fuel sales shall not be permitted as

    an accessory to a convenience store.

8.   Not more than two such establishments shall be

    located at an intersection.

9.   A traffic impact study is submitted with the site

 plan for the convenience store.

Convenience store shall be permitted in the MB zone provided it is accessory to a marina and is located outside the Buffer insofar as possible.

Article II, Part I, Section 12

[Convenience Store – A one story, retail store that is designed and stocked to sell primarily food, beverages and other household supplies to customers who purchase only a relatively few items.  It is designed to attract and depends upon a large volume of stop and go traffic.]

Mr. Sennstrom advised that the Planning Commission recommended approval of the amendment conditioned upon number 7 of the proposed Section 157 being changed to state:  Motor vehicle fuel sales shall be permitted as an accessory to a convenience store.

Mr. Sennstrom stated the next amendment removes motor vehicle filling stations that are permitted in the BL zone with conditions.  They would only be permitted in BG and BI zones.  The amendment is as follows:

{Deletion}

[Addition]

Article IV, Part XI, Section 135 – Motor Vehicle Filling Station (11.02.000)

Motor vehicle filling stations shall be permitted in the {BL}, BG and BI zones provided:

1.          Pump location:

a.          Each pump shall be at least 30 feet from any street

line and 50 feet from any residential property line.

b.          No canopy over a pump island shall project within

15 from a street line.

{2. In the BL zone the gasoline sales shall be accessory to a permitted use and no service, repair or storage of motor vehicles shall take place on the premises.}

{3.}[2.] Lighting shall be designed and controlled so that any light source, including interior of a structure, shall be so shaded, shielded or directed that the light intensity or brightness shall not adversely affect safe vision of operators of vehicles moving on public or private roads, highways or parking areas.  Such lighting shall not shine into residential structures.

{4.}[3.]Any outdoor storage or refuse area shall be screened from view and must be approved as to location and design.

{5.}[4.]The establishment shall provide a minimum of three (3) spaces for each grease rack or working bay, plus one (1) space for each employee on duty, plus a separate parking space for each accessory vehicle, such as tow trucks.

Section 54.4, Subsection 11.02.000 Motor Vehicle Filling Station (Section 135)

Uses Description                        Zones______________BL    BG    BI

11.02.000 Motor Vehicle Filling Station                    (Section 135)              {PC}  PC    PC  

Mr. Ed Cairns spoke in favor of the amendments stating  approving these changes will correct inconsistencies that exist in the Zoning Ordinance.

Mr. Dave Green spoke in favor stating he does not feel underground gasoline storage tanks should be adjacent to playgrounds or the backyards of people.  Also, runoff could seep into ground wells and into the Little Elk Creek.

Mr. Harry Welcher spoke in favor stating gas stations should not be in areas drawing well water.

Mr. Roland Willard spoke in favor of the amendments.

Mr. Brian Darnell, Vice President of High’s of Baltimore, spoke in opposition stating the amendment is aimed at Highs.  They built a facility across from Cecil Community College on property zoned BL.  If passed, the amendment will make that use on the property a nonconforming use.  Mr. Darnell is concerned about the impact of a nonconforming use on current loan documents.  He stated by approving this the County will devalue the property.

Mr. Joseph Chamberlain spoke in opposition stating this will devalue a lot of property.

Mr. Ronald Rae spoke in opposition stating business is required, and other people want convenience stores.

Ms. Sharon Nonn spoke in opposition since she purchased property for a small convenience store/gas station and is involved in the site plan process.

Mr. Michael Leaf spoke in opposition stating fuel sales should not be prohibited entirely.  He suggested placing conditions in the Zoning Ordinance.

A decision will be made on the amendments on May 2, 2000.

Mr. Sennstrom advised that the next proposed amendment will add as Section 158 to the Zoning Ordinance “Agricultural Product Sales”.  It will impact three separate sections of the Zoning Ordinance as follows:

ADD AS SECTION 54.4, SUBSECTION 1.01.110 – Agricultural Product Sales

[Addition]

USES DESCRIPTION                     NAR  SAR  BL  BG  BI

[1.01.110 Agricultural Product Sales            (Sec. 158)                        PC   PC  P   P   P]

ADD AS SECTION 158

[Section 158.Agricultural Products Sales (1.01.110)

Agricultural product sales shall be permitted in the NAR and SAR zones provided:

1.          The outside storage of agricultural products offered

for sale shall be screened from adjacent properties by a bufferyard meeting the “A” standard of appendix B.

2.          Outside storage areas of agricultural products offered

for sale shall be setback 50 feet from all property lines.

3.          Signs, product displays, parked vehicles and other

obstructions that would adversely affect visibility at

intersections or to driveways shall be prohibited.

4.          Lighting shall be low level and arranged so as not to

reflect or cause glare into any residential use or zone.

5.          Signage shall be erected in accordance with the NAR and

SAR standards of Article XIII.

6.          Floor area for the sales of agricultural products shall

be limited to 3,000 square feet.

7.          The owner of the agricultural product sales establish-

ment shall reside on the property upon which the

establishment is operated.]

ADD TO ARTICLE II, PART I, SECTION 12

[Agricultural Product Sales. The retail and wholesale sale of products essential to agricultural and aquaculture operations including feed and grain, fertilizer, plants and seeds, larvae, turf, trees and shrubs, and field crops and shall not include equipment sales.]

Mr. Sennstrom advised that the Planning Commission recommended approval of the amendment.  It came to his office due to concerns from the citizenry.

Mr. John Upp spoke in favor of the amendment.  He referred to the report of the Agriculture and Farmland Protection Task Force report stating one of their suggestions is that the conservation district encourages farming operations by permitting retailing on farms.

Ms. Connie Upp spoke in favor of the amendment emphasizing the need for local services.

Mr. Bill Kilby spoke in favor of the amendment stating to encourage the relocation of people to the County there is a need for local services.

Mr. Ronald Rae spoke in favor stating it will give farmers more income.

Mr. Joe Carabetta spoke in favor stating it will help the farming community.

Motion was made by Commissioner Kilby, seconded by President Bolender and carried to approve the amendment.  Commissioner Hepbron is opposed as he does not feel laws should be changed based on individual requests.

-         COMMISSIONERS’ COMMENTS –

Commissioner Kilby reported that she participated in the March of Dimes Walk on Saturday and that the County’s team took second place in contributions.

Commissioner Hepbron reported that he attended the Rising Sun Little League opening day parade.

President Bolender reported that he attended the Elkton Little League parade and opening ceremonies on Friday night.

-         TREAS. REPORT –

Ms. Pam Howard, Treasurer, presented the monthly report of the Treasurer’s Office as of March 31, 2000.  A copy of the report is incorporated as a part of these minutes.

-         PRESENTATION – GENERATION STATION –

Ms. Allison Hawkins gave a presentation on Generation Station, a community youth center for families in southern Cecil County.  She advised that they are serving more than 40 children per day after school.  Last year they partnered with Cecil Community College to do the Kids in College Program.  Generation Station provides homework groups, mentoring, tutoring, and positive entertainment on weekends.  Ms. Hawkins requested assistance in funding from the Board in the amount of $800.00 per month.

-         ADMINISTRATOR ITEMS –

Mr. Al Wein, County Administrator, advised that the Board of Estimates will hold the budget hearing on May 9.  The first hearing will include the constant yield tax rate  and will be held at 1:00 p.m. in the Boardroom.  Afterwards, there will be a public hearing on the proposed budget.  The Board of Estimates will reconvene at 7:00 p.m. at the Rising Sun High School auditorium for the proposed budget hearing.

-         PUBLIC COMMENT –

Mr. Ed Cairns, Chairman of the Historic Oversite Committee, advised that this plan is the first step in providing a mechanism to save historic sites and residences.  The plan only recommends, and one of the recommendations is to create an ordinance in which participation by landowners is voluntary.

Mr. Joe Carabetta commented on Richie Brothers stating they should have left a buffer along Route 40 for visual and for buffering of runoff that will occur from equipment.

Mrs. Diane Carabetta asked if a meeting was held with officials from MDE regarding sediment and erosion control inspections associated with runoff.  She was advised that no meeting was held.

Ms. Maria Mastrippolito, secretary for Rock Springs Community Alliance, spoke about pollution from the proposed Old Dominion power plant.

Mr. Roland Wills stated he feels the Planning Commission agenda should be cut back.  He stated the Planning Commission is working on a plan to help the people in Montgomery Oaks.

Mr. Roland Willard inquired about plans to repave New Bridge Road up to Route 222, and Mr. Fred Orr responded by stating he is working with the contractor.

Mr. Willard referred to the denial of the Anderson rezoning and stated the trailers have not been removed from the property.  He was advised the matter has been referred to the attorney for action in District Court.

Mr. Willard asked if the County will give testimony to the Public Service Commission relative to the proposed Old Dominion Power Plant.  Mr. Dwight Thomey advised that written comments will be presented.

Ms. Judy Cole commented on the Historic District Overlay Zone relative to the power and duties of the Historic Commission.  She is concerned that No. 18 will cause unnecessary litigation.  Easement or adjacent is not defined in the ordinance.  Also, she feels there could be a constitutional problem with the County having the right to regulate the interior appearance of a structure.

-         PERSONNEL ITEMS –

Mr. Al Wein, County Administrator, presented the personnel items. 

Motion was made by Commissioner Kilby, seconded by Commissioner Hepbron, and unanimously carried to accept the following resignations:

1)          Jettie I. Leffew, Domestic Violence Shelter, effective March 30, 2000;

2)          Stephanie Costa, Administrative Aide in the Finance Office, effective April 5, 2000;

3)          Robert L. Hudson, Senior Accountant in the Finance Office, effective April 5, 2000;

4)          Edward S. Wells, Water and Wastewater Operator Trainee, effective April 28, 2000.

Motion was made by Commissioner Hepbron, seconded by Commissioner Kilby, and unanimously carried to approve the following appointments:

1)          Janice K. Haley, part-time House Manager at the Domestic Violence Shelter, $8.52/hour (Grade 3);

2)          Richard M. Mitzel, Laborer, Solid Waste Division, $17,721.60 (Grade 3);

3)          Joanne Keane, Parks and Recreation Safetyville Instructor, to be compensated from class fees.

Motion was made by Commissioner Kilby, seconded by Commissioner Hepbron, and unanimously carried to approve the promotion of Patton H. Roark, Sr. from Department of Aging, Van Driver, $18,062.72 (Grade 3) to Central Garage, Parts Clerk, $20,113.60 (Grade 4).

-         APPOINTMENT – COMMUNITY ADULT REHAB. CTR. CITIZEN’S ADV. BD. –

Motion was made by Commissioner Kilby, seconded by Commissioner Hepbron, and unanimously carried to appoint Vaughan Ellerton, 158 England Creamery Road, North East, Maryland 21901 as a member of the Community Adult Rehabilitation Center Citizen’s Advisory Board to fill the unexpired term of Jeffrey Williams, said term expiring January 1, 2003.

-         HISTORIC PRESERVATION PLAN –

Mr. Eric Sennstrom, Director of Planning and Zoning, presented the draft Historic Preservation Plan.  He advised that this is the culmination of approximately seven months work by the Historic Preservation Plan Oversite Committee, staff, and Redman Johnston Associates.  The Plan consists of three chapters that deal with goals and objectives, the history of the County, 14 appendices that list federal and state assistance, as well as Appendix H which is the proposed historic district overlay zone.  It would be amended into the Zoning Ordinance.  The purpose of the Plan was to act in a voluntary capacity.  If a property owner does wish to become involved in nominating a property, no one else can designate it.  The Board of County Commissioners will designate the site.

Mr. Johnston, of Redman Johnston Associates, stated the important aspect of this Plan is that it gives a policy status to an important resource.  It is about making people aware of resources.  Mr. Johnston stated Cecil County is second only to St. Mary’s County as far as historic resources.  The Plan emphasizes educating the people about the local history of the County.  There is also the idea of partnering with organizations currently in place who are also interested in historic preservation, as well as partnering with the businesses.

Mr. Sennstrom advised that the Planning Commission recommended adoption of the Plan with the provision that responsibilities of the Planning Commission, as outlined in the Zoning Ordinance, be included in the approval of the Historic Preservation Plan.

Motion was made by Commissioner Kilby, seconded by Commissioner Hepbron, and unanimously carried to approve the Historic Preservation Plan.

-         REZONING DECISION – KRAUSS & WEAVER –

Motion was made by Commissioner Kilby to grant the rezoning of Krauss and Weaver, LLC. from RM to BG as requested.  The motion died for lack of a second.

Motion was made by Commissioner Hepbron, seconded by President Bolender, and carried to deny the requested rezoning.  Commissioner Kilby is opposed.

A copy of the findings of fact is incorporated as a part of these minutes.

-         PUBLIC WKS. AGREEMENT – WARNER WOODS –

Mr. Fred Orr, Deputy Director of Public Works, presented a Public Works Agreement between this Board and First Gladwyne Corporation pertaining to 715.37’ of Warner Woods Road in the subdivision known as Warner Woods in the Third Election District of Cecil County.

Motion was made by Commissioner Kilby, seconded by Commissioner Hepbron, and unanimously carried to approve the Public Works Agreement.

-         INSP. & MAINT AGREEMENT – WARNER WOODS -

Mr. Fred Orr presented an Inspection and Maintenance Agreement of Private Stormwater Management Facilities between this Board and Warner Woods.

Motion was made by Commissioner Kilby, seconded by Commissioner Hepbron, and unanimously carried to approve the Inspection and Maintenance Agreement of Private Stormwater Management Facilities.

-         BUDGET AMENDMENT NOS. 127-132 –

Motion was made by Commissioner Kilby, seconded by Commissioner Hepbron, and unanimously carried to approve Budget Amendment Nos. 127-132.  Copies of the Budget Amendments are incorporated as a 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