Oakmont Green
Frequently Asked Questions (FAQ)
1. What's going on?
Years ago, the Oakmont Green golf course and subdivision was created as a water conservation area. The golf course has two irrigation wells. The Town wants to acquire one of these wells for addition to the Town's water system. In March, we wrote the owner a letter explaining our intent to move forward and our desire for a voluntary transaction and our willingness to provide irrigation water. In April, we passed a Resolution explaining our situation and our intent. The golf course owner has not responded as positively as we had hoped.
2. Why threaten to take the well?
We have not threatened anyone. Several years ago, we tried to acquire the well but could not reach an agreement. We walked away. This time the situation is much more serious. We felt it was important to tell the property owner that we could not walk away this time. The Town has a legal and moral responsibility to provide an adequate supply of water to its citizens. We do not want to use the eminent domain process, but we are obligated act to protect the interests of the community.
3. Does the Town really need the water?
Yes. While we think we have an adequate supply of water, we are regulated by the Maryland Department of the Environment (MDE). They don't see things our way.
We estimate our system can produce 724,000 gallons per day with every well on line. MDE thinks our capacity is closer to 580,000 gallons per day. Despite working with MDE for over two years, we still do not have a new groundwater permit… and we think the 580,000 gallons per day number may be further reduced before this permit is issued. This is just not enough water for our future.
4. If the Town is close to "build out," why do you need more water?
First, we need reserve capacity. We have lost two wells due to high nitrate levels. When we began work on remedying the nitrate problem, we discovered that after 32 years of use, we didn't even own the wells. We're trying to fix that situation now, but we lost that productive capacity. On any given day, we can lose a well. We need to have a system where there is a margin for safety.
Second, the Town still has vacant land within its corporate limits where property owners have the right to build and connect to Town water. We also have developers interested in new construction and redevelopment of industrial land in and near the Town. They need municipal water and frankly, the County and the Town could use the economic development.
5. Is this just about the money?
No, but we do understand that a couple of million square feet of light industrial development will help us avoid increasing property taxes. In Hampstead, we have one of the lowest property tax rates in the state. We also have citizens who would like to see us provide 24/7 police coverage, retain our highly trained police officers and other town employees, expand our parks, better maintain our roads and move forward on the revitalization of Main Street. We would love to do all this and not raise taxes. We'd also like to see more high quality jobs and businesses around Hampstead which has a positive economic benefit on the entire community. To make this happen, we need the water.
6. Why not look somewhere else?
We have… and we can't. We have drilled exploratory wells on places like the Leister Farm. During the 90s, we spent a ton of money drilling in the Brodbeck Valley. So far, we haven't had any luck. There are also many areas where we can't look for water. The Black & Decker site and nearby areas are contaminated. Across Main Street, MDE has told us the Robert's Fields drainage is "tapped out." In the middle of town, we have a MTBE spill. North of the high school there are some great areas, but there are also bog turtles. The turtles depend on bogs fed by groundwater. Needless to say, the folks in MDE are not enthusiastic about allowing us to drill new wells there. Some of the areas just outside of Town are heavily developed with houses on wells. We can't drill a large municipal well that dries up the surrounding private wells.
7. Will acquiring the well put the golf course out of business?
No. The Resolution we passed in April acknowledged the need to provide the golf course with raw water for irrigation. Right now the golf course is using the high yield well we want to acquire at a fraction of its capacity. We can use the well at its full capacity; meet the golf course's needs and better meet the needs of our community. It could be a "win-win" situation for the Town, the community and the golf course.
8. If it is a "win-win" situation, why is the golf course suing you?
We don't know because the owner of the golf course has been unwilling to meet with us.
Back in 2002, we tried to negotiate a deal to acquire the well. In the end, we gave up because we felt the golf course owner simply wanted too much. You might remember the impasse between the golf course owner and the County over extending sewer to North Carroll Middle School. During our annual Town charity tournament, we saw parents and teachers picketing the golf course. Fortunately, the owner of the golf course eventually granted the County the easement.
We expected acquiring the well would be difficult, but we did not want it to become a public spectacle like the sewer easement for the middle school. Unfortunately, the owner of the golf course has taken a different approach. He has written letters to local residents. We had a narrow disagreement over an application of state law concerning the right of town employees to enter onto the golf course. He took legal action to seek a restraining order. We were left sitting around Town Hall trying to figure out of our police officers could respond to a call or if they would have to rely on the County Sheriffs. The property owner even issued a press release.
In its 119-year history, the Town has not exercised its power to take property under the eminent domain process. We all hope that it will not be necessary now. We have spent the past six weeks trying convince the property owner and his attorney to meet with us. We'll spend the next six weeks doing the same. If there is a chance of reaching an agreement here, it will be at a negotiating table, not in the local papers.
9. Why write this FAQ?
As a general policy, we do not comment on pending legal matters. We also realize there is a growing tide of misinformation, rumor and speculation on this issue. Our residents have a right know what we are doing and why. Most residents don't think much about water until they turn on the tap and nothing happens. We worry about water all the time. We don't want to go down the road of Westminster, Mt. Airy or Taneytown where MDE has stepped in and taken direct action. While we know some people will always have philosophical objections, we feel that a person who takes an honest look at the facts and the law will understand what we are doing and why.