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 – MARCH 30, 1999 –
The minutes of March 30, 1999, were approved as written.
- MULLIS REZONING –
A public hearing was held on the application for rezoning of Billie Joe and Claudia J.H. Mullis. PROPERTY LOCATION: 1912 Conowingo Road, Rising Sun, MD 21911, 6th Election District, tax map: 10, parcel: 262, lot 11. PRESENTLY ZONED: Rural Residential (RR). REQUEST: Rezone .63 acres from Rural Residential (RR) to Business General (BG) for purposes of rebuilding equipment or any other use permitted in a BG zone. PROPERTY OWNERS: Mary Hartsoe and Claudia J.H. Mullis.
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. Joe Mahoney, Esquire, and Mr. Bill Mullis appeared on behalf of the application. Mr. Mullis stated he rebuilds farm and construction equipment and has had the business for about 20 years. He presented a vendor list which includes names of businesses that provide him with supplies and parts. The list was marked as Applicant's Exhibit No. 1. Mr. Mullis also presented a customer list which includes people he does business with on a month-to-month basis. The list was marked as Applicant's Exhibit No. 2. They lease the building and are being forced to relocate because their lease is being terminated. Mr. Mullis testified he is requesting the rezoning so that he can relocate the business at his home. He cannot afford to purchase property.
Mr. Mullis presented a drawing showing the two parcels, one where his home is located and the one to be rezoned. The drawing was marked as Applicant's Exhibit No. 3.
Mr. Mullis presented a map identifying the parcels which was marked as Applicant's Exhibit No. 4.
He indicated that he would be willing to construct a buffer of trees so that the building is not visible to any adjoining neighbors. Mr. Mullis testified that he has spoken with his neighbors, and they have no problem with the rezoning. There will be five or six vehicles coming in and out on an average day.
Mr. Mullis presented a proposal from Edward P. Howell, Inc. stating the building will be 40' x 60' x 16' and will cost $54,300 for the erection of the building. The proposal was marked as Applicant's Exhibit No. 5. It will cost an additional $25,000-$30,000 for grading, seeding, electric, concrete, etc.
In regard to change in the neighborhood, five acres of property across the street was rezoned for commercial use, as well as 2.86 acres of land on the west side of Horseshoe Road. A drawing entitled "Planning & Zoning Changes" was presented and marked as Applicant's Exhibit No. 6.
In regard to disposal procedures, Mr. Mullis testified that he disposes of antifreeze at the landfill. Junk metal and batteries are picked up and recycled.
Mr. Mahoney stated the location of a Highs directly across the street will impact that area. The impact of Mr. Mullis will be minimal.
Mr. Eric Sennstrom, Director of Planning and Zoning, advised that both staff and the Planning Commission recommended disapproval of the rezoning based on 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 – Octoraro Creek to the west; Colora Road to the south; Route 1/Route 273 split to the east; and agricultural areas to the north.
Mr. Sekowski stated there has been one rezoning in the surrounding neighborhood since the 1993 comprehensive rezoning: 93-9 Willard and Anne Mace – Rural Residential (RR) to Business General (BG) based on mistake in the 1993 comprehensive rezoning.
Mr. Sekowski presented the following findings of fact:
1) Population changes – No significant changes.
2) Availability of public facilities – Public facilities in the nature of water and sewer are not presently available, nor are any planned.
3) Present and future transportation and traffic patterns, character, and volume – Should be adequate.
4) Compatibility with the intent of the Comprehensive Plan – The subject parcel is located in a Rural Conservation District of the 1990 Comprehensive Plan. The intent of this District is to maintain the rural character of the County. The Rural Conservation District should permit agricultural and forestry support enterprises, and commercial uses should be of a neighborhood convenience or business service nature.
5) Compatibility with the purposes of any Special District in which the area
requested to be rezoned is located – No Special District.
Mr. Douglas Johnson, who has an office across the street from the subject
property, appeared in favor of the rezoning stating Mr. Mullis provides a very
necessary service for the community.
Ms. Laura Gambill appeared in favor of the rezoning stating the Mullis'
property is kept in excellent condition.
Mr. Dennis Struble, who lives next door to Mr. Mullis, appeared in favor of
the rezoning stating his lawn and garden are perfect; and he provides a good
service.
Ms. Christine Everett appeared in opposition to the rezoning expressing
concern about traffic and devaluation of property. She is also concerned that
the building is too large for the property and that the rezoning would permit
other BG uses. Ms. Everett presented her statement, a letter from the Tome
Realty Company regarding the impact of the rezoning on surrounding residential
properties, a traffic volume map, and pictures of the surrounding neighborhood
which were all marked as Opponent's Exhibit No. 1.
Motion was made by Commissioner Kilby, seconded by Commissioner Hepbron, and
unanimously carried to postpone a decision on the rezoning until April 20, 1999.
- CERTIFICATES – BOY SCOUTS –
The Board presented Certificates of Achievement for First Class to Boy Scouts
in Troop 92.
- COMMISSIONER COMMENTS –
President Bolender reported that the Board met the fourth grade class at
Cecilton Elementary last week after they had met with Governor Glendening.
President Bolender advised that all comments on the SPCA Ordinance should be
submitted to the Board by April 16.
President Bolender announced that the next meeting will be held on April 13
at the Chesapeake City Town Hall at 7:00 p.m.
Commissioner Hepbron reported that he attended the Rising Sun Fire Company
banquet last week and presented a Proclamation to an outstanding volunteer.
Commissioner Kilby reported that she and President Bolender attended the
Cecilton Fire Company banquet. She was reminded of the service and dedication of
all volunteer firemen. Commissioner Kilby stated she will attend the Water Witch
Fire Company banquet on April 10.
- REPORT – CECIL COMMUNITY COLLEGE –
Mr. Michael Zekonis, of Cecil Community College, appeared before the Board to
report on the Family Education and Support Center, a division of Cecil Community
College. The Center is located in Hollingsworth Manor. Services are provided to
Cecil County residents between the ages of 16 and 26 who are expectant parents
or have children under the age of four and who have not completed high school or
lack the necessary life and job skills for successful employment.
Mr. Zekonis advised that the Center is funded by Friends of the Family and
Cecil Community College. The remainder comes from grants from the Maryland
Department of Education and public and private donations.
Last year the Center provided services to 135 families. Basic education
services, parenting skills, support groups, job skill training, and referral
services are provided for parents. Child development services and in-home
intervention are also provided.
Children in grades 2-5 who live in Hollingsworth Manor participate in a
Homework Club two days a week. They receive assistance with homework, have a
healthy snack, and participate in a recreational or creative activity.
Mr. Zekonis advised that there are many agencies that cooperate to make the
Center successful. These are the Board of Education, Cecil Community College,
County government, Health Department, and Friends of the Family. The building is
donated by the Town of Elkton. The Department of Social Services received a
grant from Human Resources to purchase vans to assist with transportation. For
the past year they have been working to get the Center licensed. Currently, when
a child is at the Center their parent has to be there also. When they become
licensed, the parents can be taken to job sites.
Mr. Zekonis advised that they are developing a program to serve grandparents
who are actively parenting.
- PUBLIC COMMENT –
Mr. Roland Wills reiterated the problems in Montgomery Oaks.
Mr. Clifton Beck, Mayor of Chesapeake City, stated he is looking forward to
the Board's visit next week.
Ms. Gail Evans asked if anyone had been appointed to take Richard Jackson's
place on the Ethics Commission. President Bolender responded by saying that the
Board has not received his letter of resignation yet.
Ms. Evans asked if the Board responded to the Department of Natural Resources
regarding an entrance fee to Fair Hill.
Ms. Evans stated she received a copy of the budget request from the SPCA and
feels the Board should investigate the total amount of funds they receive.
Mr. Ron Demmler suggested that the Board have the Director of Permits and
Inspections attend the Board meeting to explain the criteria for building
permits and inspections.
Mr. Demmler feels there should be a financial report available with regard to
monies that are given to various organizations.
Ms. Flo Walls commented on the proposed SPCA Ordinance stating she has a
problem with the fees.
- PERSONNEL ITEMS –
Ms. Linda Anguish, Director of Human Resources, appeared before the Board.
Upon recommendation by Ms. Anguish, motion was made by Commissioner Kilby,
seconded by Commissioner Hepbron, and unanimously carried to accept the
resignation of Shannon L. Ragan, Laborer in Solid Waste, effective April 13,
1999; also, to accept the resignation of Marilyn L. Rodriguez, part-time House
Manager at the Domestic Violence Shelter, effective April 10, 1999.
Upon recommendation by Ms. Anguish, motion was made by Commissioner Kilby,
seconded by Commissioner Hepbron, and unanimously carried to appoint Dana S.
Reed as Assistant Transfer Station Operator in Solid Waste at an annual salary
of $17,368.00, Grade 3; also, to appoint Carl H. Honaker as Laborer in the Solid
Waste Division at an annual salary of $17,368.00, Grade 3.
- RESOLUTION – EARTH DAY –
Mr. Fred Orr, Deputy Director of Public Works, presented a Resolution that on
April 24, 1999, to be forthwith known as Cecil County Earth Day, all registered
public cleanup efforts along community beaches, county roadways, and within
parks in Cecil County may dispose of certain debris at the landfill free of
charge.
- BIDS – OLD TELEGRAPH RD. BR. –
Mr. Fred Orr, Deputy Director of Public Works, advised that the following
bids were received for reconstruction of Old Telegraph Road Bridge:
The Six-M Company, Inc. - $256,223.60 Mr. Orr stated it appears that James Julian qualifies as a local contractor
and is within the 6% or $60,000 as specified by the Cecil County Code.
Motion was made by Commissioner Hepbron, seconded by Commissioner Kilby, and
unanimously carried to award the bid for the reconstruction of Old Telegraph
Road Bridge to James Julian, Inc.
- INSP. & MAINT. AGREEMENT OF PRIVATE STORMWATER MANAGEMENT FACILITIES
–
Mr. Orr presented an Inspection and Maintenance Agreement of Private
Stormwater Management Facilities between this Board and Zack, L.L.C. for
property known as Timberbrook North, Lots 1-19, located at the intersection of
North Court and Sycamore Drive.
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 for Timberbrook North.
- BUDGET AMENDMENT NOS. 138-146 –
Motion was made by Commissioner Kilby, seconded by Commissioner Hepbron, and
unanimously carried to approve Budget Amendment Nos. 138-146. Copies of the
Budget Amendments are incorporated as a part of these minutes.
Motion was made by Commissioner Hepbron, seconded by Commissioner Kilby, and
unanimously carried to adjourn.
Alfred C. Wein, Jr. APPROVED:
James Julian, Inc. of Del. - $180,430.00
MacFarlane Construction, LTD - $174,323.00
County Administrator
Nelson K. Bolender, President