MINUTES OF THE BOARD OF COUNTY
COMMISSIONERS MEETING
January 31, 2006
The Board of County Commissioners for Cecil County met for the purpose of a Public Hearing at the Rising Sun High School, 100 Tiger Drive, North East, MD on January 31, 2006. The following members of the Board were present:
Nelson K. Bolender, President
Harry A. Hepbron, Vice President
Phyllis Kilby, 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.
- PUBLIC HEARING - AMENDMENT TO THE MASTER WATER & SEWER PLAN: ASTON POINTE, WOHNER, FRAZIER & BIRNEY PROPERTIES:
The purpose of this meeting is for the Board of County Commissioners to hear testimony relative to a request for the amendment of the Master Water & Sewer Plan by Aston Pointe, Wohner, Frazier & Birney Properties.
President Bolender announced that the only testimony that will be considered is testimony dealing with the water amendment. Any person deviating from the aforesaid will be asked to discontinue their testimony and take their seat.
Al Wein, County Administrator presented the request for amendment to the Master Water and Sewer Plan as submitted by the Aston Development Group.
The Board was presented with a binder prepared by the Aston Development Group detailing the request for amendment.
Richard Bechtel, Attorney for Aston Development Group presented the Board with an outline of the request for amendment to the Master Water & Sewer Plan by the Aston Development Group to include the preliminary plat approval of April 18, 2005; Public Hearing of August, 2005 and the Board’s disapproval; the current request of the applicant; the MDE Process and COMAR Regulations; explanation of the request for amendment; the Cecil County Comprehensive Plan; and the findings of the Planning Commission on January 18, 2006.
Paul Scott, Professional Geologist, Geo-Technology Associates, Inc. presented the findings of the water quality data for the Aston Pointe wells. He stated that the demand for the project is estimated to be 150,000 gpd, but may be as low as 130,000 gpd. Five wells were drilled in fractured rock and subjected to testing, as summarized in the table in the package and forwarded to Maryland Department of Environment for evaluation.
The total estimated non-drought yield of the five wells is 626,000 gpd; with the drought factor typically applied by MDE, the drought yield from these five wells is estimated to be 507,000 gpd. He stated that PW-4 is the largest well at 331,000 gpd for the main stem of the Christina River.
There is a substantial excess supply, depending upon how MDE allocates the water. The allocation could be as little as 260,000 gpd, based on recharge area limitations, but because that allocation approach is proportional to available recharge area, the remaining well yields could be viewed as water in the bank.
PW-11 was tested just before Christmas, but that data is not back from the lab yet. The other four wells were tested for a suite of parameters and all exhibit high quality water. There is some iron and manganese, as expected, but those are secondary concerns and can be easily treated.
Mr. Scott also addressed the historic experience with the Highlands wells in some detail. He drew a comparison of the methods for development of the Aston Pointe wells versus those used for the Highlands and concluded that the Highlands wells did not benefit from research and testing that were in fact used for the Aston Pointe wells. He went on to discuss the Highland wells in substantial detail and also discussed available means to manage and protect the Aston Pointe wells.
Mr. Scott also discussed the letter of January 27, 2006 from Maryland Department of Environment that stated there is a substantial amount of water between the five wells.
Bill Stritzinger, Aston Development Group, presented the Board with a summation of the events of the Aston Pointe Group’s request for amendment to the Master Water and Sewer Plan to include the Aston Pointe project in the Cecil County Master Water and Sewer Plan.
- PUBLIC COMMENT –
Robert Litzenberg, 105 Walnut Lane, Elkton, MD – commented in support of the request and stated that he believes this amendment could reduce the county’s reliance on out of state water sources. (Submission for the record provided)
Wade Eshelman, 103 Cambridge Road, Elkton, MD – commented in opposition to the request and stated that the current request is basically the same as that of the last request the was denied by the Board. He further stated that the applicant is unable to substantiate the amount of water.
Macy Nelson – commented in opposition and presented the Board with an outline of the legal proceedings pending in the Circuit Court.
Alice Arbuckle – commented in opposition and presented the Board with an overhead presentation by Kristin Magess, Engineer relating to the intended land use in the county. (Submission for the record provided).
Ron Hartman – commented in opposition and spoke relative to the capacity of the Meadowview Waste Water Treatment Plant. (Submission for the record provided).
John Williams – commented in opposition and spoke about the long-term water needs in northeastern Cecil County; MDE’s permission of withdraw from the Aston Pointe wells, and the maximum water that will be available to the county as a result of the amendment. (Submission for the record provided).
Kathryn Davis – commented in opposition and spoke about the long-term reliability of nearby community wells drilled into fractured rock of the Piedmont plateau; the amount of water required for the proposed golf course; groundwater discharge; spray irrigation; and sewage treatment effluent. (Submission for the record provided).
Richard Boyce – commented in opposition and spoke about the negative impact of the Aston Pointe Amendment Proposal on the County’s water and sewer infrastructure. (Submission for the record provided).
John Gill – spoke in opposition and commented of the purpose of the suburban district within the Comprehensive Plan. (Submission for the record provided).
Tamsey Schuler – commented in opposition and spoke relative to the environmental impact of the request. She additionally commented regarding feed back from WILMAPCO and the Eastern Shore Land Conservancy’s position on this request. (Submission for the record provided).
Laura Gleason – commented in opposition to the request for amendment by the Aston Development Group. (Submission for the record provided).
Barbara Holland - commented in opposition and spoke about the density in suburban residential districts. (Submission for the record provided)
Lindsie Carter – commented in opposition and spoke about the urban growth boundary plan within the Comprehensive Plan and smart grown initiatives.
Andrea Haley – commented in opposition and spoke about priority funding areas and areas within the suburban residential area that are intended to be developed. (Submission for the record provided).
Ken Wiggins – commented in opposition and stated that the request for amendment was unnecessary and irresponsible and would damage the quality of life in Cecil County. (Submission for the record provided).
Ed Cairns – commented in opposition and stated that the developer has many financial gains as a result of this decision. He also stated that that the letter written by Director Sennstrom relating to this matter possessed his narrow view of the subject. (Submission for the record provided).
Owen Thorne – commented in opposition and stated the granting of the amendment would be squandering the Meadowview Wastewater Facility. He also stated that the amendment could also affect state funding for the adjacent land preserve.
Dan Schneckenburger – commented in support of the amendment and stated that the Suburban Residential area of the County is specifically designated for growth of this nature.
Jim Lacey – commented in support of the amendment.
Carl Walbeck – commented in opposition to the amendment and spoke relative to the intention of the 1990 Comprehensive Rezoning and the Suburban Residential (SR) zoning. He further stated the water allocation claims of the Aston Development Group were unsubstantiated and a decision at this time was premature.
Sally Cairns – spoke in opposition and endorsed the statement of Mr. Walbeck.
Ernie Little – spoke in opposition and spoke about the water supply necessary for the fire company’s to support the area in case of emergency. He further spoke of bridge safety issues in that area.
Gene Hildabrant – spoke in opposition to the amendment and stated that he experienced decreased water pressure during the pump test of PW#4.
Russell Holland – spoke in opposition to the amendment and spoke of the recharge of the sewage affluent. He further commented about the Geo-Tech testing and the affects on neighboring wells. (Submission for the record provided).
Steve Wohner – spoke in opposition to the amendment and commented about shallow wells in the area and the affect this development will have on those wells.
Anne Lane – spoke in opposition to the amendment and commented about rampant development in Cecil County.
Terry Way – spoke in opposition to the amendment and expressed concern about water supply in the neighboring communities.
Mike Kelly – on behalf of the Glen Farms Homeowner’s Association, commented in opposition, he expressed deep concerns of the water supply and the impact on his community. Additionally, he commented regarding smart development initiatives.
Mike Polti – spoke in opposition to the amendment and recommended that caution be exercised by the Board relative to the affect on adjacent properties and the Meadowview Waste Water Treatment Plant.
Jim Bittner – spoke in opposition to the amendment and stated that this request was not consistent with the Master Water Sewer Plan.
Ronald Rae – commented in support of granting the amendment to allow MDE to determine the amount of water available.
Wayne Lockwood – commented in support of the amendment.
Tom McWilliams - commented in opposition.
Rupert Rosetti – commented in opposition and spoke relative to the water supply sustainability of the area. He offered additional comments regarding the impact level in the piedmont area. (Submission for the record provided).
Marcella Lockwood – commented in support of the amendment to allow MDE to make a determination as to the amount of water available.
Cynthia Rosetti – commented in opposition and stated that the loss of water resource would far outweigh any gain. She further commented relative to the history of the wells in this area.
Allan Fox, 67 S. Edgewood Lane – commented in opposition and spoke relative to the second request by Aston Development Group. He further stated that the wells have not been confirmed. (Submission for the record provided).
John Shaw, 106 Blacksnake Road – commented in opposition.
Chris Canning, 911 W. Church Road – commented in opposition and stated that his primary concern was the increased density in the area. He further commented relative to the well testing conducted and sounds coming from the wells.
Michael Walker, 644 Jackson Hall Road – commented in opposition and stated that there is not enough supporting data to grant this amendment. He further commented relative to the rural character of this portion of the County and the repercussions of granting the amendment.
The public comment portion of this public hearing concluded.
Upon conclusion of the public comment, President Bolender called for a vote.
Vice President Hepbron made a motion to approve the request for inclusion to the Master Water and Sewer Plan, the motion was seconded by Commissioner Guns and carried to approve by a majority vote.
VOTE: Bolender – Y Hepbron – Y Kilby – N
Guns – Y Manlove – N
The meeting concluded.
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Alfred C. Wein, Jr.
County Administrator
Approved:
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Nelson K. Bolender, President