Something Stinks in Leonardtown and Piney Point

News and Commentary:
Board Attempt to Flush Problem is Real Conflict of Interest for Russell
 

By Kenneth C. Rossignol

ST. MARY’S TODAY

LEONARDTOWN (Jan. 15, 2008) ---  Six years ago, St. Mary’s County’s Land Use office approved the record plat of a new subdivision called St. George’s Peninsula and noted on the plat that the five new waterfront lots on St. George’s Creek would be allowed to hook up to public water and sewer.

Today, that plan was given the needed sewer and water amendment approval required to make it happen and the vote came on a 3-2 basis with the deciding vote coming from Commissioner President Jackie Russell (D. St. George’s Island). 

Russell’s employment with the Seafarers Union, which operates the training center and union resort at Piney Point, was expected to be cited by him as a reason for abstaining from voting, as the Seafarers sold the farm to the Baltimore developer who now owns the property.

Had Russell abstained, the proposal would have died on an expected 2-2 tie vote, as Commissioners Raley and Dement were leaning in favor while Jarboe and Mattingly were opposed.

But Russell, while casting a vote which settles the burning issue of should the county allow a county agency to grant one form of development approval while withholding from the property owners final approval, now propels himself into the public spotlight as citizens are already questioning the legality and ethical propriety of his vote.

Commissioner Larry Jarboe (R. Golden Beach) and Commissioner Tommy Mattingly (D. Leonardtown) found a way to hang their hat on the side of denial by noting that while development was approved in Leonardtown, the sewer capacity would not allow it to go forward and suggested that the policy prohibition against allowing non-failing land to be hooked up to the Piney Point force sewer line be used to deny public sewer to the five lots.

Part of the rationale for approving the lots was the developer moving dwelling units around on the overall several hundred acre farm, landing those dwelling units, in theory only, to the desirable waterfront lots which were newly created.   In short, they were conjured, configured and conjectured, which is apparently all one must do in St. Mary’s County.

Commissioner Larry Jarboe pointed out that the property didn’t have prior EDU (Equivalent Dwelling Units) assigned to them. 

Raley pointed out that the county had approved these lots on a recorded plat and that citizens should be able to rely on the certifications on the signed plats which stated that the properties would be allowed to hook up to public sewer.

Commissioners Larry Jarboe (R. Golden Beach) and Dan Raley (D. Great Mills). Raley told the Board that the public should be able to rely upon the county approving a lot for building, as had been done in the instance of the five lots at St. George's Peninsula.  Jarboe argued that the county often is in the position of not being able to guarantee sewer and water hookups.  ST. MARY'S TODAY photo

These remarks were made at the St. Mary’s Commissioner’s meeting:

Land Use staffer Jeff Jackman: “That line out to Loveville was done to accommodate failed septic systems and that is the same here for Andover Estates.  We are addressing failed septics to the Piney Point force main.”

Commissioner Dan Raley (D. Great Mills) : “In St. Mary’s County overall, we have septic systems where they cannot be fixed and they are allowed to be hooked into a sewer line, is there a requirement that the sewer and water amendment be changed.

With regards to this particular piece of property where they have the five lots where the subdivision plat be recorded. Does the plat show that the lots be connected to public water and sewer?”

Jackman: “Yes.”

Raley: “Why was the cart put before the horse on this, if there was no emergency?  What your staff has done now is allow a 5 lot subdivision to be recorded and some of them may have been sold.  If we don’t approve this water and sewer plan then the people who have bought these lots….”

Canavan: “It was recognized it 2002 that there were five failing lots, we are bringing it to your attention, and if in the future, we would advocate that they will hook up to sewer.”

Raley: “That’s not the case here, they are vacant properties.”

Canavan; “I understand the policy of the board.”

Raley: “I am just one commissioner, I don’t set the policy, the board does.”

Mattingly: “I sometimes have a failing memory and I don’t know where they got the five lots from, and maybe this doesn’t apply, I have serious concerns about the overall activity on this site and we need to get a handle on what’s going on this property, there is a an extreme amount of property, there are four or five new homes that have gone up already, I don’t know how they get approvals on land with mound systems on land that wouldn’t perc, what’s being approved, to suggest that we go back into questionable environmental concerns, they have already been cited once and had to remove a road, they have an entire field disturbed with what looks like a road system for something to be built back there.

Russell: This sewage pumping station has been built back there.

Raley: Metcom has contributed to the cost of that plant.

Mattingly: “if those systems fail, they will have to hook up to the Piney Point force main line.”

Canavan: “What I am hearing are issues outside of this and I can prepare a memo on those but we have a proposal now for a hooking up sewer to for these five lots and the planning commission recommended approval of this.”

Mattingly:” go through this and explain the parcels to us.”

Canavan: “This is a subdivision that is proposed and it was proposed for these lots to be hooked up to a public sewer, 6, 8, 9, 10, 11.”

Mattingly: “Are they vacant lots?”

Canavan: “Yes.”

Jackman: “We really can’t identify more than 2.”

Mattingly: “They have taken dwellings that were on the other side of Andover Estates Road and moved it down to the waterfront, the trailer and the two other houses down to the waterfront.”

Jackman: “We found 4 of them.”

Canavan: They cannot be re-subdivided.

Jarboe: “Do any of these lots have prerecorded EDU’s?”

Canavan: “No.”

Raley; “In order to move forward, the Board is place din the position that we have a recorded subdivision and I have expressed my displeasure in agreeing with the staff report, on these five lots, if we don’t approve that, what’s going to happen?”

Dement: “It will be hard to deny what has happened in the past, in 2002.”

Mattingly; “the option would be to find an appropriate place for a mound system.”

Raley: “we have a recorded subdivision plat that says the lots will be hooked to sewer and if a citizen bought the lot, and then we tell them no, what can they do.”

Jarboe: “If there is no capacity like in Leonardtown, you have to wait.”

Mattingly: “That’s a good point.”

Raley: “But this recorded subdivision plat was signed by Metcom and Land Use and Steve King wouldn’t have signed that plat if there wasn’t capacity.”

Russell: “We see this issue and we move on it.

Dement: can we table it. I don’t how to word this motion it someone words it I’ll go along with it.”

Canavan: “A motion to approve lot 61 as recommended by the staff.”

Dement: “Move.”

Raley: “Second.”

Passed 3 -2 Russell, Dement, Raley in favor.
Opposed: Mattingly, Jarboe

Jimmy Gates