It has been 20 years now since a Northern Virginia developer first proposed building 2,501 homes accompanied by approximately 40 acres of commercial space in Trappe. A vote on Resolution 308 could determine how this project might proceed.
To recap on Lakeside, Trappe was stressed financially in 2002, and Rocks Engineering Co. promised to chip in for the town’s municipal services if the Town would annex his property and approve development. This included hiring a police officer and contributing $250,000 to the town’s Volunteer Fire Department. Rocks also agreed to build a state-of-the-art wastewater treatment plant.
A referendum to annex 924 acres was passed in 2003; but a development that would quintuple Trappe’s population caused concerns, of course, as did the plan to initially connect up to 120 homes to an already underperforming wastewater treatment plant and spray irrigate 87 acres alongside Miles Creek with over 150,000 gallons of treated wastewater daily.
Resolution 281, which provided the Comprehensive Water and Sewer Plan amendment needed for the construction of Lakeside, was approved 4-1 by the Talbot County Council on August 11, 2020. But there was no mention of the County’s role in this process. Having discovered new worrisome information and hoping to “provide the County with some leverage to negotiate with this developer,” County Council Vice President Pete Lesher introduced Resolution 308 to rescind Resolution 281.
In October, the Maryland Department of the Environment held a public hearing regarding a permit for the proposed new plant attended by over 100 concerned citizens, and by December Talbot County resident Dan Watson was finally granted an opportunity to present the data he had collected over the past decade.
One benefit of all of this is the opportunity to acquire a nodding acquaintance with Maryland environmental law. Section 9-503 of the Environmental Article of the Annotated Code of Maryland requires the Maryland Department of the Environment to issue and enforce permits according to regulatory standards; and Section 9-505 requires the county to be responsible for the oversight, planning, financing, and construction of sewerage systems. And the public “shall be heard.”
County Council President Callahan had recently shared this positive message: “I want citizens to know that as we move forward with several projects related to growth in our county in the coming year, my dedication is to preserve the character, natural beauty, and quality of life we have all grown to cherish here.”
With that in mind, the Council began an almost four hour discussion of the project.
First up: Resolution 308 to rescind Resolution 281 in order to amend and update the plan for Lakeside. Council Vice President Lesher suggested deferring this vote until the Planning Commission had offered their opinion. A heated discussion ensued.
“What does the Planning Commission need to address?” asked Councilman Divilio. The Planning Commission no longer supports Resolution 281, and over 3700 comments had been received since the October hearing. A heated discussion ensued.
After debating issues of standards, compliance, authority, regulations, recommendations, clarifications and allegations, Councilwoman Price warned, “The Attorney General is going to side with the Planning Commission.” And, “Of all the issues we have voted upon, this is the most important.”
The heated discussion continued, but we might conclude that Councilmen Divilio and Pack were pretty much against further consideration, while Councilwoman Price and Council President Callahan leaned in the opposite direction. (Leaning was heavy, but an undercurrent of civility was maintained. The January 25 meeting can be viewed in its entirety here.
President Callahan then asked, “Do we want what’s best for Trappe? Do we want a healthy environment?”
Vice President Lesher moved the issue forward by proposing a Blue Amendment to Resolution 313. This amendment would require that any new additions to existing wastewater treatment would be subject to the existing plant being upgraded to be consistent with current standards. He also pointed out that this essentially reflected Planning Commission language and reiterated that any new connection would first require upgrade to ENR (state ranking) standards.
Councilwoman Price added that Resolution 313 should go to the Planning Commission next, but that meeting would not take place until March.
Council President Callahan suggested, “We’ll hopefully get more information in the next couple of weeks.”
Mr. Schmidt, a member of Trappe’s Town Council and Planning Commission, was then invited to speak. He insisted that Trappe’s plant is “not failing,” but “operating to its peak ability.” Rebuilt in 2008, it’s “upgrade is just short of ENR.” (“Enhanced Nutrient Removal”- which is the highest standard. But it seems that existing facilities must meet only the requirements enforced when installed.)
Alan Girard of the Chesapeake Bay Foundation stated simply and clearly that the Trappe plant “needs to be upgraded” and “in line with expectations for ENR (higher ranking) treatment before connections are made.
Ryan Showalter, Attorney for Trappe East Business Holdings Trust, also waited hours to speak. He suggested that the Trappe plant “has capacity,” and that their “commitment in the long term is to meet requirements.” He reminded us that they had also “made commitments based upon approval of Resolution 281,” and Trappe’s plant is “in compliance with its permit.”
The meeting adjourned at 11:18 PM. No date has been set for the Council work session on Lakeside as of this report.
Selected Highlights
Mike McConnel says
Thank-you Carol. Well done. The whole thing is a disgrace and embarrassment. I have no doubt there will be accountability in the end. The road there just shouldn’t take this long or be this difficult.
Mary dunlavey says
Thankyou!!! For this report!
A project so large seems so poorly considered! It’s really quite amazing that individuals can be so short-sighted and naive.
Time to elect new reps yet?
Dan Watson says
More precise info at to viewing this milestone meeting is here:
https://talbot-md.granicus.com/player/clip/560?view_id=1&redirect=true.
Lakeside about half the 4 hr session, in 2 diff chapters. (First Lakeside part is at 1:06:30 on our resolution to rescind 281 in toto; the second part was on R313, Councilwoman Price’s effort to find a compromise…tho it only addressed the connection of Lakeside to the existing plant, not the “falsehoods” issue or others—it begins at 2:37:10.)
DW
jan bohn says
The beginning of this article states ‘To recap on Lakeside, Trappe was stressed financially in 2002, and Rocks Engineering Co. promised to chip in for the town’s municipal services if the Town would annex his property and approve development. This included hiring a police officer and contributing $250,000 to the town’s Volunteer Fire Department. Rocks also agreed to build a state-of-the-art wastewater treatment plant”. Has Rocks build the state-of-the-art wastewater treatment plant? It seems not. If this was a condition for permitting why has this not been addressed and insisted upon??
Carol Voyles says
Rocks agreed to build the spray wastewater irrigation plant on site, but would initially hook up as many as 120 homes to the existing Trappe plant.
Once the the development’s plant was completed, it is also my understanding that Trappe would have responsibility for both facilities.
Totch Hartge says
If we were counting on this process to build a ship or a bridge, the ship or the bridge would be certain to sink or fall down.
Facts, science and laws are taking a back seat to some false urgency and the bold moves of a pushy developer
I say stop the digging today, wait till Trappe’s present system works for Trappe and the environment first.
Go back to good science, non-damaging engineering, and take care of all the other issues: schools, roads, public services before you drop 2500 homes and 8000 new people on a field next to Rt 50
The whole present project is a stinking mess. I believe Chuck Callahan is right to get all involved in one room. If this project is supposed to be a good thing, then do it right and in broad daylight. But stop for now to avoid an early disaster.
Be the good leaders we trust
Steve Shimko says
Not just in the same room. But in the same room under oath! Much of this problem has come about because people have played loosey-goosey with facts and information and have not felt compelled to be completely honest and forthcoming.
Jeanne Everngam says
You are So correct! Don’t forget, 2 other Council members suggested this also and agreed with Mr. Callahan. WHY did the Trappe Town Council Ever give their “blessing” to such a Major and Life-changing project for Talbot County? Who truly benefits, other than the developers? This absolutely affects our entire county and the future expenses to support such a Major expansion.,, not just the Wonderful Small town of Trappe?!!
Hugh (Jock) Beebe says
After spending 3 long hours listening and observing the Council’s session on Wednesday evening, I came away confused and disappointed that many basic questions were being argued about at this late stage. Two overall impressions:
1. Some members either didn’t understand the facts or their bias overcomes their ability to understand.
2. The maneuver to avoid decision by creating informal meeting of participants (how chosen?) naively described by the Council President as “all the interested parties” outside regular Council process documentation seems like a clear failure of our elected members to do their jobs.
DIRCK BARTLETT says
I watched this crazy meeting and was very concerned with how the majority of the County Council and the County Attorney are ignoring the Planning Commission decision that hooking to the sub-standard existing sewer treatment plant is a total violation of the County Comprehensive Plan. That is the elephant in the room. Pack and Divilio are arguing that the decision has already been made and the horse is out of the barn. The decision was based on misrepresenting of facts by the attorney and Town of Trappe and is therefore subject to review and rescission.
The horse is not out of the barn and the public health of County residents is what is at stake. The County Council Sits as a Board of Health, It is a primary function of the County Council. The developer should never be able to hook his houses to this piss poor sewer plant that pollutes La Trappe Creek every day. Clearly, Pack and Divilio are being coached by Ryan Showalter (Attorney for Trappe) and the Town of Trappe. (they indicated that they met with the Town while other council members were excluded). This is an outrage and should not be tolerated when each council member represents the entire county.
Fernando Gaitan says
The Jan. 25 meeting of the County Council indeed was astonishing. Despite significant irregularities and material issues brought to the Council by Mr. Watson—all of which deserve a full and impartial investigation—and which appear to point to the Council having been bamboozled when it approved R281, council members Pack and Divilio don’t seem to be the least bit bothered. Mr. Pack was aggressive and dismissive, and Mr. Divilio appeared desperate to put the whole matter behind. All despite new information worthy of examination. What is the rush?Kudos to Ms. Price for articulating her position and pushing back on Mr. Pack’s bullying, and to Mr. Lesher for introducing the resolution to reverse R281 without prejudice. Mr. Callahan was right in asking to bring all parties to the table, but as another commenter has stated, it must be done in the open. The significant and serious irregularities brought to light by Mr. Watson warrant a full and impartial state level investigation. The whole affair reeks—and I’m not only talking about the deficiencies in the wastewater proposal for the development.