MINUTES OF THE BOARD OF COUNTY
COMMISSIONERS MEETING
January 4, 2005
The Board
of County Commissioners for Cecil County
met in special session for the purpose of a public hearing at the Cecil
Community College, Milburn Stone
Theater, North East, Maryland, on
Tuesday, January 4, 2005. The following members of the board were
present:
Nelson K.
Bolender, President
Phyllis
Kilby, Commissioner
Harry A.
Hepbron, Commissioner
William
C. Manlove, Commissioner
Mark H.
Guns, Commissioner
Constituting a full Board.
The
meeting was called to order by President Bolender at 7:00 p.m.
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PUBLIC HEARING
A public hearing was held pursuant
to the request by the Aston Development Group for an Amendment to the 2004
Cecil County Master Water & Sewer Plan.
David H. Parrack,
representative counsel for the Aston Development Group addressed the Board in request
to the proposed amendment to the Cecil County Master Water & Sewer Plan,
permitting a public water and sewer supply for the proposed subdivision of
Aston Pointe. This Amendment would
contemplate the sewer service for the subdivision to be a part of the
Meadowview wastewater treatment facility service area by way of on-site
facilities which would be tied in with existing county facilities.
Bill Stritzinger, Developer of
the proposed Aston Pointe project addressed the Board with his proposed Water
and Sewer Plan Amendment as outlined in a hand-out presented to the Board. He introduced his approved concept plan for
302 units to be developed on 309 acres resulting in a density of .88/Dwelling
Units per Acre.
He further advised the Board that the proposed development adjoins and
is contiguous to the existing W1 & S1 service area of the Highlands and
would be consistent both with the language in the Comprehensive Plan outlining
SR zones and the Water and Sewerage Plans.
Mr. Stritzinger provided information
concerning the necessity of the development of a public works agreement for
water and sewer capacities and the required testing to determine the
establishment allocations of sewer and water to Aston Pointe prior to approval
being granted. He presented preliminary
air-lift yields of the 6 test wells drilled on the Aston Pointe site and the
fact that the certainty of capacities, are not yet known but favorable. Further testing will be required prior to
approval. The results of the preliminary
evaluation conducted by Geo-Technology Associates and provided to the Cecil
Public Works on August 31, 2004.
Further references to the physical environment
of the project were made by Mr. Stritzinger. Infrastructure planning; septic systems; the consolidation
of the Highlands Wastewater Treatment Plant; substantial costs saving to the
county; reducing reliance upon United Water; balance flow and pressure within
the Meadowview/Highlands water system; the infusion of substantial amounts of
connection fees and benefit assessments, to better stabilize the long-term
connection fees and user rates; improvement of the Countys debt position and
the increase of 544 ELU to the ratepayer base and the positive impact of
maintaining user rates longer into the future.
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PUBLIC COMMENT
Anne Lane,
164 Russell Road, Elkton
spoke in opposition to the proposed plan submitted for the Aston Pointe project. Reference was made to the December 10
testimony before the Planning Commission; and granting exceptions to one
developer will inevitably open the flood-gates for all.
Ed Cairns, ARCA spoke in opposition to the proposed plan
submitted for the Aston Pointe project.
Reference was made to the open spaces and agricultural nature of the
county and the impact the project would have on the county. Further comment was made relating to meetings
between the ARCA Board and the developer.
Andrew Hartten, ARCA commented in his capacity as a
Professional Hydro-Geologist with the DuPont Company. He offered testimony as to the preliminary
tests and information supplied relating to the wells drilled at the Aston
Pointe site. He further commented
relating to state regulations and standards of well testing.
Dr. Katherine Davis, ARCA commented in her capacity as
Project Geologist and her personal opinion of the blown yields tests presented
by Aston Development Group. Further she
commented relative to a conversation with an MDE representative relating to the
significant amount of testing and analysis that needs to done to determine the
sustainable yield, particularly because the wells are drilled in the fractured
bedrock of the Piedmont.
Additional comments were made relative to reports by the Maryland Geological Survey identifying
216 wells drilled in the same rock types and the findings and the impact of
supplying the Aston Pointe Development with public water and sewer until the
provided satisfactory proof that the proposed withdrawal of water is reasonable
and the impacts on the water resources and other uses are acceptable, and that
Aston Pointe will not require any county-provided water. A copy
of this comment is included in the file.
Dr. John Williams, ARCA commented in his capacity as a
Chemical Engineer with a PhD and a resident of Cecil
County for 37 years. He strongly opposes the Aston Pointe proposal
and voiced his perspectives on the availability of water for the project and
the creditability of the water quality testing completed. He indicated that the testing completed is
not enough evidence to make a determination. Comments were made relating to
recharge considerations and reclaimed water for the golf course. Mr. Williams read quotes from a letter dated November 9, 2004 by Matheu Carter, Director, DPW,
regarding the requested Master Water and Sewer Plan Amendment and the free
benefits being offered by Mr. Stritzinger.
A copy of this comment is included in the file.
Kristin Magas, ARCA, 6
Ballantre Court, Elkton - commented relative to
the source of water for the irrigation process for the proposed golf course, and
the capacity of the Meadowview Waste Water Treatment Plant.
Ken Wiggins, ARCA, 504 Black
Snake Road, Elkton encouraged the Board to weigh
all the facts before making a decision relating to this project. He further commented relative to need for
more space and open farm land.
Laura Gleason, ARCA 67, Glenbrook
Drive spoke relative to the impact such a
development would have on the Cecil County Public School System. She cited statistics within the school system
relating to near-capacity schools and the use of portables in many of the
schools.
Darrin Magas, ARCA presented a report to the Board
relating to the estimated costs to the Cecil County Public School System as a
result of this project. A copy of this
comment is in included in the file.
Joe Volpe, ARCA, 11 Blacksnake
Road, Elkton commented relative to the density
and traffic impact that would be amplified by the Aston Pointe project.
Owen Thorne, ARCA, 20 Hillwood
Road, Elkton commented in opposition to the
request from the Aston Pointe Developer.
He spoke in reference to housing with smaller lots, resulting in much
higher density levels and the effect on agricultural preservation, farming and tourism.
Robert Boutin, 69 Duck Hollow
Drive, Elkton commented relative to the
scientific testimony presented at this public hearing. He further commented the Master Water and
Sewer Plan and made reference to Special Exceptions.
Karl Halbacher, 420 Arbour Drive,
Newark, DE spoke
in his capacity as a member of the City Council of Newark, and as a
Professional Engineer, offering his professional opinion relative to the
groundwater supply at the Aston Pointe project.
Alan Fox, 67 S. Edgewood Lane, Elkton commented about
the precedent that will be set by granting the Amendment to the Master Water
and Sewer Plan would have on the county.
Alice Arbuckle, 42 Matthew Bathon
Court commented about a careful review of all
the pros and cons relative to this issue and encouraged the Board for a
majority vote to disapprove this request.
She further commented pending report from the Water & Sewer Task
Force that will be forthcoming. Comment
was made regarding the willingness of MDE to be present for further testing.
Eva Walker, 644 Jackson School
Hall Road spoke about the Aston project and the
nearby residents who are not opposed to a much smaller development, thus not creating
a burden on the school system. She also
commented relative to the destruction of wildlife in the area if this
development should proceed.
Robanne Palmer, Glen Farms representing the Glen Farms
Civic Association and spoke in opposition to the Aston Pointe project. The citizens in this area are very concerned
about the water supply in their community.
Cheryl Finnan, 9 Crest Road,
Elkton representing the Cecil Manor PTO spoke in opposition to the current
plan of Aston Pointe, citing the current 105% capacity at Cecil
Manor Elementary School.
Russell Holland, 20 E. Parkway spoke in opposition to
the proposed Aston Pointe plan and stated that he is fearful of water depletion
in the area.
Dwight Hair, Appleton Road,
Elkton - spoke in support of the proposed application.
Kevin Kohler, 7 Harvest Lane,
Elkton commented in opposition to the proposed project, stating that 2004 was
one of the top ten wettest years since 1895.
He further spoke about wells going dry, as a result of too much building
in the area. A copy of the submitted comment is included in the file.
Jane Shaaefer, 4 Dare Drive,
Elkton commented in opposition to the Aston Pointe project as proposed and
urged the Board to take into consideration the impact to traffic within the
county and all county public facilities.
Mark Scott, 104 Ballantree Drive,
Elkton commented in opposition to the Aston Pointe project as proposed and
spoke regarding the density issues, as well as school over-crowding.
Jim Wharton 102 Dennis Drive,
Elkton commented in opposition to the
Aston Pointe project as proposed and spoke regarding the
traffic issues this development would create.
Robert Gochneaur, 400 Jackson
Hall School Road, Elkton commented in opposition
to the Aston Pointe project as proposed and spoke about the lack of water in
the area presently.
Jeannine Edwards, 160 Nesbitt
Road, Colora commented in opposition to the
Aston Pointe project as proposed and spoke of negative residential impact and
sensible development.
Michael Walker, 644 Jackson Hall
School Road commented in opposition to the Aston
Pointe project as proposed. He spoke of
an alternate plan, allowing larger homes on larger parcels.
Jens Jenson, 664 Elk Mill Road,
Elkton commented in opposition to the Aston Pointe project as proposed. He commented relative to the water issues in
the area.
Jeanette Hillyer, Bainbridge commented in opposition to
the Aston Pointe project as proposed.
She commented relative to traffic congestion and lack of water.
Cynthia Rossetti, Port Deposit commented in opposition
to the Aston Pointe project as proposed.
She referred to a U.S. Geological Survey as submitted to the Board. A copy of this report will be made part of
this file.
Douglas Johnson, 4040 Blueball
Road, Elkton commented in support of the Aston
Pointe Project.
Bruce Reinhold, 18 Bradley Court,
Elkton commented in opposition of the Aston Pointe Project as proposed. He spoke of problems with pump stations and
water capacities.
Vaughan Ellerton, 158 Englad
Creamery Road, North East commented in
opposition to the Aston Pointe Project as proposed. He spoke of the guidelines
of the Comprehensive Plan and the community involvement of this project.
Vernon Duckett, 1061 Union Church
Road, Elkton commented in opposition to the
Aston Pointe Project as proposed. He
spoke of transportation problems within in the county and water supply.
John Shaw, 106 Black Oak Drive,
Elkton commented in opposition to the Aston Pointe project as proposed. He spoke of the maintenance and water supply
to maintain a golf course.
Harlan Williams, 166 Little Egypt
Road, Elkton commented in support to the Aston Point project. He further stated that the community had
misconceptions about density.
Ron Hartman, 164 Little Egypt
Road, Elkton commented in opposition to the Aston Pointe project. He spoke of the Highlands Waste Water
Treatment Plant and dependency upon United Water. A copy of this comment is included in the
file.
Rupert Rossetti, Port Deposit commented in opposition to
the Aston Pointe project as proposed and all special exceptions requested to
the Master Water and Sewer Plan.
Ronald Rae, Elkton, MD
commented in opposition to the Aston Pointe project as proposed and stated
the rules of the Comprehensive Plan must be followed.
Joe Mahoney, Attorney representing ARCA commented in
opposition to the Aston Pointe project as proposed. He further stated this development is not
within the growth corridor and made referral to a similar situation near the Mt.
Aviat School.
Marcella Murray Lockwood, 432
Jackson School Hall Road, commented in support of
the Aston Pointe project. She made
reference to the expert testimony presented at the hearing and referenced
special exceptions and the Master Water and Sewer Plan.
Wayne Lockwood, 432 Jackson
School Hall Road, commented in support of the
Aston Pointe project. He further
referenced previous comments made relating to the water in the area.
Richard Boyce, 11 Harvest Lane, Elkton - commented in
opposition of the Aston Pointe project as proposed and the dangerous precedence
that would be set if this project were allowed.
Chris Canning, 911 W. Church Rd.,
Newark - commented in opposition of the
Aston Pointe project as proposed, she spoke of the increased traffic.
Lindsay Carter, 131 Blacksnake
Road, - commented in opposition of the Aston Point
project as proposed, she spoke of responsible growth.
Lois Drake, 11 E. Parkway, Elkton commented in
opposition of the Aston Pointe project as proposed.
Arlene Baxter, 379 River Road,
Elkton commented in support of the Aston Pointe project.
John Gill, 152 Kirkcaldy Drive,
Elkton commented in opposition of the Aston Pointe project, he spoke of the
inadequacy of community wells and of his concerns of the water supply.
Dave Bailey 46 Glenbrooke Drive commented in opposition
of the Aston Pointe project, he spoke of the added strain to the volunteer fire
companies and hospitals.
David H. Parrack made a closing statement to the Board
arguing facts as stated based on Maryland Law supporting his clients request
for an Amendment to the Master Water & Sewer Plan.
President
Bolender made the following motion: He
moved to postpone a vote on this request until after a review of this
application has been undertaken by the Maryland Department of the Environment
and/or Maryland Water Resources Administration to determine if approximately
400,000 gallons of water is available from wells to be drilled on the property
that can be supplied to the Countys water system, and the possible drawn down
on adjoining wells. The date when a
final vote on this matter shall be taken shall be advertised in the local
paper, but no further public hearing shall be conducted at that time. All information received at this public
hearing as well as the results of the MDE study shall be taken into
consideration at that time.
The motion was seconded by Commissioner Guns and approved
by a majority vote.
VOTE: Bolender
Y Hepbron Y Kilby N
Manlove
N Guns Y
______________________________
Alfred
C. Wein, Jr.
County
Administrator
Approved:
_____________________________
Nelson K. Bolender, President