MINUTES OF THE BOARD OF COUNTY
COMMISSIONERS MEETING
August 24, 2004
The Board of County Commissioners for Cecil County met for a Public Hearing at the County Administrative Building, 107 North Street, Elkton, Maryland on Tuesday, August 24, 2004. The following members of the Board were present:
Nelson K. Bolender, President
Phyllis Kilby, Vice President
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.
PUBLIC HEARING AMENDMENTS TO THE CECIL COUNTY MASTER WATER AND SEWER PLAN -
A public hearing was held relating to the Proposed Amendments to the Master Water and Sewer Plan, which was adopted by the Board of County Commissioners on July 13, 2004. The following requests were held in abeyance for further review and public comment.
President Bolender informed the public of the order in which this public hearing would be conducted.
Eric Sennstrom, Director, Planning, Zoning, Parks & Recreation appeared before the Board and summarized the requested Proposed Amendments for inclusion to the Cecil County Master Water & Sewer Plan as follows:
The Town of North East has requested revisions to Table 6 Summary of Planned Water Supply Improvements and deletion of text to 3-15 & 3-16; improvements and expansion at the Leslie Water Treatment Plant; improvements and expansion at the Rolling Mill Water Treatment Plant; construction of raw water line and pumping station; construction of two elevated storage tanks and booster stations. The town has additional questions about Table 12 Miscellaneous Problem Areas relating to the upgrades in the Lakeside Park and Peninsula Industrial Park. In addition, the town has proposed suggested changes to the Water Service Area Map depicting the existing service areas and planned water service areas on the map. st.
The Town of Rising Sun is currently in the process of updating their Comprehensive Plan and has provided the County with water and sewer service areas as well as future annexation areas.
McCrone, Inc., has made several requests for projects they have moving through the developmental process, they are Bedrock, Bethel Springs and Warwick Orchards.
Projects Bedrock and Bethel Springs are proposing to use individual wells for water services and town sewer, therefore, they are requesting inclusion to the Sewer Service Area Map. Warwick Orchards is proposed to use the on-site water and sewer service facility, therefore their request is for the inclusion on the Service Area Map.
The Candlelight Ridge project is another project moving through the developmental process and is requesting to be placed on the Sewer Service Area Map. On-site wells will be utilized at this location; however a central sewage system, collected by the County is requested.
The Department of Environmental Health has requested an Inventory of Sewage Problem Areas. This request is a component of the Master Water & Sewer Plan and is required by the Department of the Environment. The inventory should include certain problem areas that are currently not on the map that may be eligible for future repairs.
Meadowview Wastewater Treatment Plant upon review by Matt Carter, Director of Public Works, it was noted that the plan was not accurate with reference to the capabilities of the plant, once the revisions and upgrades occur. Therefore, the plan has been amended to accurately reflect the current capabilities as well as future capabilities.
Corridor Land Services has submitted two requests, the Milburn Property on Appleton Road and the Village of North East. The Village of North East is presently proceeding through the developmental process and proposes the use of town water and county sewer services. The request is to amend the Water Service Area Map to include that project. The Milburn property on Appleton Road is requesting inclusion in the Master Water & Sewer Plan to reflect future development activities that may occur and to facilitate the installation of the necessary preparation for retention of water and sewer services up to the CSX Rail Line, in conjunction with any work that is initiated relating to the replacement of the bridge.
Ridgley Forest, request from David H. Parrack - is a project moving through the developmental process and has proposed the use county sewer services and water from the Town of North East. Presently it is partially included in the Water Service Area and partially included in the Sewer Service Area. The request is to include the entirety of the project within the Service Area.
Director Sennstrom presented the Board with the recommendations of the Planning Commission. These recommendations were made at the August 18, 2004 meeting of the Planning Commission and are as follows:
Town of North East approval without delineation of Service Area Map
Town of Rising Sun approval
Bedrock approval
Bethel Springs approval
Candlelight Ridge approval
Inventory of Sewage Problem Areas approval
Meadowview Text Revisions approval
Milburn Property, Appleton Road disapproval no stated use
Ridgeley Forest approval
Villages of North East approval
Warwick Orchards approval
- APPLICANTS COMMENTS
Jay Young, Attorney, Brown, Brown & Brown representing the Town of North East made a presentation relating to the desires of the Town of North East for the requested revisions, deletions, expansion and improvements outlined in their request. Mr. Young further presented testimony supporting the Towns request for the delineation of the Water Service Area Map.
The Town of Rising Sun presented no additional comments.
Michael Burcham, McCrone, Inc., presented comments relating to requests made on behalf of the following projects: Bedrock, Bethel Springs & Warwick Orchards.
Mr. Burcham described each project, the status of the project and their individual status request relating to the Master Water & Sewer Service Map
Doug Parrish on behalf of the developer of Candlelight Ridge, provided the Board with status of this development and request for inclusion to the Master Water & Sewer Plan.
Discussion: Commissioner Guns asked for clarification as to amount of proposed lots for this development.
Mr. Parrish responded, stating that he believed there to be 39 total lots, however, only 30 lots are requesting service at this time.
Director Carter indicated there were no further comments relative to the Meadowview Water & Wastewater Treatment Plant Amendments.
Michael Pugh on behalf of the Village of North East and Milburn Property, Appleton Road, outlined the request first, for the Village of North East and their inclusion to the Water Service Plan for a preliminary approval of 708 units.
Mr. Pugh defined the request of the Milburn Family for property located on Appleton Road with regard to the extension of water and sewer services to this location in conjunction with the anticipated replacement of the CSX Railroad Bridge. Mr. Pugh described the immediate goals and desires for this request, the current designation and the discussions and decisions at the Planning Commission Meeting.
David H. Parrack, Attorney, on behalf of Caldecott Properties, LLC, requested approval of the 364 preliminary sites in the proposed development of Ridgeley Forest.
- PUBLIC COMMENT
Ron Hamlen, 9 Lockcarron Drive, Elkton commented in opposition to approval of the request for inclusion to the Master Water & Sewer Plan for the Milburn Property, Appleton Road.
John Williams - commented in opposition to approval of the request for inclusion to the Master Water & Sewer Plan for the Milburn Property, Appleton Road.
Ed Cairns, Jackson Hall School Road, Elkton commented relative to the proposed amendments to the Master Water & Sewer Plan and the Comprehensive Plan. Additionally, Mr. Cairns spoke in opposition to the inclusion of the Milburn Property, Appleton Road.
John McDaniel, Singerly Road, Elkton commented in opposition to approval of the request for inclusion to the Master Water & Sewer Plan for the Milburn Property, Appleton Road.
Wayne Lockwood, 432 Jackson Hall School Road, Elkton commented in support of the inclusion of the Milburn Property, Appleton Road. Mr. Lockwood further commented relating to the rights of property owners in Cecil County.
Alice Arbuckle, 42 Matthew Bathon Court, Elkton commented in opposition to approval of the request for inclusion to the Master Water & Sewer Plan for the Milburn Property, Appleton Road.
Bob Beane, 409 Brewster Bridge Road, Elkton, MD spoke in opposition to approval of the request for inclusion to the Master Water & Sewer Plan for the Milburn Property, Appleton Road.
Tom McWilliams, 432 Plum Point Road, Elkton encouraged the Board to follow the recommendation of the Planning Commission with regard to the Milburn Property.
Richard Boyce, 11 Harvest Lane, Elkton commented in opposition to the approval of the request for inclusion to the Master Water & Sewer Plan for the Milburn Property, Appleton Road.
Marcella Lockwood, 432 Jackson Hall School Road, Elkton commented in support of the Milburn request. Additionally, she commented relative to the goals and objectives of the Master Water & Sewer Plan.
Sally Cairns, proposed a question to the Board relating to the Meadowview Wastewater Treatment Plant.
President Bolender directed Matt Carter, Director of Public Works to address the question of Mrs. Cairns.
Mr. Carter responded and explained the text amendments recommendations proposed for the Master Water & Sewage Plan changes that were made to several tables reflecting the flow and long range predictions.
VOTES:
Town of North East
Motion to approve with the inclusion and delineation of the water service area specified on the map was made by Commissioner Manlove, motion was seconded by Commissioner Guns.
Discussion: Commissioner Guns directed a question to Director Sennstrom relative to any of the other municipalities making such a request, and clarification of the decision to deny the request of the Town of North East.
Director Sennstom stated that no other request had been made. He further stated that the document is a planning document and the purpose for which it is intended, is to show the area in which water and sewer are available presently, and areas where it may exist within a five year time frame. It is intended to be a broadly worded document. Mr. Sennstrom further stated that the level of detail the Town of North East is requesting is simply not necessary.
President Bolender commented relative to the Memorandum of Understanding and Binding Contracts between the Board and the Town of North East and the appendices within the Master Water & Sewer Plan.
Motion was defeated by a 3-2 vote.
Bolender N Kilby N Hepbron N Manlove Y Guns Y
Motion was made by Vice President Kilby to approve the comments from the Town of North East without the delineation of the Water Service Area Map, as requested by the Town of North East. Motion was seconded by Commissioner Hepbron and carried to approve by a majority vote.
Bolender Y Kilby Y Hepbron Y Manlove N Guns- N
Town of Rising Sun
Motion to approve was made by Commissioner Hepbron, seconded by Commissioner Manlove.
Discussion:
Vice President Kilby directed a question to the Town of Rising Sun relating to the outlying areas in Rising Sun and the likelihood of annexation in those areas.
Jeff Williams, Town Administrator defined the areas that would most likely be considered for annexation.
The motion was carried to approve by a unanimous vote.
Bedrock
Motion to approve was made by Commissioner Hepbron, seconded by Commissioner Guns to approve.
Discussion:
Vice President Kilby proposed to the Board and Mr. Burcham to place Bedrock, Bethel Springs and Candlelight Ridge into the public water system as well as county sewer, due to the water problems in the surrounding communities.
Commissioner Guns directed a question to Mr. Burcham relative to the designation of the properties.
Mr. Burcham explained that the lots were approved through MDE for water services, therefore it was not necessary for the W-2 designation; however, public water would be beneficial to the projects.
Mr. Parrish, on behalf of Candlelight Ridge, commented that the W-2 designation would be beneficial to that project as well.
Commissioner Manlove also commented relative to providing water service in addition to sewer services.
Vice President Kilby proposed an amendment to the previous motion for the inclusion of water services to the Bedrock Development as well as sewer service. Motion was seconded by President Bolender.
Discussion:
Commissioner Hepbron asked for clarification of the amendment from Attorney Thomey.
Mr. Thomey advised there should not be problem with amending this motion and re-advertising was not necessary.
Motion was carried for approval by a unanimous vote.
Motion was made by Commissioner Hepbron to approve Bedrock, as amended, seconded by Commissioner Manlove and unanimously carried to approve.
Bethel Springs
Motion to approve as amended was made by Vice President Kilby, seconded by Commissioner Hepbron and unanimously carried for approval.
Candlelight Ridge
Motion to approve as amended was made by Commissioner Hepbron, seconded by Commissioner Manlove and unanimously carried for approval.
Inventory of Sewage Problem Area
Motion was made by Commissioner Hepbron, seconded by Commissioner Guns and unanimously carried for approval.
Milburn Property Appleton Road
Motion was made by Vice President Kilby for disapproval, seconded by Commissioner Guns.
Discussion:
Commissioner Guns commented as a result of the SR Designation of this property and when a plan is set forth, this matter should be brought forward for re-designation.
President Bolender commented relative to the applicants lack of a plan at this at present time.
Commissioner Hepbron commented relative to no stated use and inconsistencies of locations.
The Motion was carried by a majority vote.
Bolender Y Kilby Y Hepbron N Manlove Y Guns Y
Ridgeley Forest
Motion was made by Commissioner Guns, seconded by Commissioner Hepbron and unanimously carried for approval.
Villages of North East
Motion was made by Commissioner Hepbron, seconded by Commissioner Guns and unanimously carried for approval.
Warwick Orchards
Motion was made by Commissioner Manlove, seconded by Commissioner Hepbron and unanimously carried for approval.
There being no further business, the meeting was adjourned.