Get the Facts

Here are some "facts" that continue to be repeated on the campaign trail for Calvert County Commissioner. These "facts" are misleading at best. I follow the "allegations", which is what they really are, with the truth as I know it. Susan

Allegation: The Commissioners are suing the people of Chesapeake Beach and neighboring jurisdictions.

Truth: Please see the October 27th version of the Calvert Recorder for all the information (Click here). The Commissioners are asking the court to render an opinion on two points of law where the facts are undisputed, but the interpretation of the law differs. Chesapeake Beach's attorney says that a 19 year old contract is not valid and that the Mayor of Chesapeake Beach does not need Chesapeake Beach Town Council approval to commit the town to public works spending. The County attorneys say the opposite. The court will rule on which is correct.

More Truth:

There is an internal dispute between the majority of the Chesapeake Beach Town Council and the Mayor and two Councilmembers, including Bob Carpenter, over whether the Town of Chesapeake Beach wishes to take over operations of the Wastewater Treatment Plant (WWTP) for areas of Calvert County, areas of Anne Arundel County, and North Beach and Chesapeake Beach. Mayor Wahl along with Councilmembers Carpenter and Cumbo voted to take over the plant on a motion made by Carpenter. The other 4 Councilmembers: Lamb, Beaudin, Mahoney, and Spano voted no.

The Mayor and his attorney claim that the Mayor does not need the assent of the Town Council to take over the plant.

The Mayor claims that the contract that named Calvert County as the WWTP Operator is invalid 17 years later.

The County attorney, and other attorneys consulted, state that the Town Council must agree to a takeover of the WWTP operations by the Town after reading the Chesapeake Beach Town Charter.

Mayor Wahl threatened to lock the County employees out of the WWTP on October 31^st if the County did not turn over operation of the WWTP to him, despite the lack of agreement to that action by the Town Council.

Caught between the warring factions in Chesapeake Beach, the County asked the Circuit Court to render two decisions based upon agreed upon facts: 1) Is the original contract valid? 2) Who has the right to make the determination about operation of the WWTP—is it the Mayor and the Town Council or just the Mayor? This request for a legal interpretation of an existing contract and of the Chesapeake Beach Town Charter can be handled expeditiously by the County attorney and the town attorney for very little cost over the normal cost of doing business and will avoid future lawsuits.

While the official minutes of the vote have not yet been approved, my memory is that the vote was 5 to 0 in favor of getting the legal interpretation since there was no other logical way to settle the internal dispute. A no vote would have been irresponsible.

Allegation: Some candidates have not been truthful about their pasts.

Truth: Go to Maryland Judicial Case Search at: http://casesearch.courts.state.md.us/inquiry/inquiry-index.jsp and enter the name of the candidate you wish to research.

Allegation: The Southern Maryland Today Newspaper endorsed Charlie Donnelly because he is the lawyer for the owner of the newspaper.

Truth: The publisher of the Sourthern Maryland Today Newspaper is Terry Clarke, who co-owns the Tiki Bar in Solomons, which Charlie Donnelly has represented in a long-running dispute with the Calvert County Department of Planning and Zoning.

Allegation: "Roads and sidewalks to nowhere." - Charlie Donnelly.

Truth: Roads and sidewalks are extremely expensive to construct. In town centers, as commercial developments are built, sidewalks are required along the perimeter of the development paid for by the developer. Portions of roads are also built or partially built by developers as they construct subdivisions or commercial uses, saving the taxpayers money. These road sections can appear to be roads to nowhere until completed or connected to another section of roadway.

Allegation: There is no mix of residential units in the Lusby Town Center.

Truth: The Lusby Town Center exploded with commercial development at the height of the bubble. Residential development will follow as the economy improves.

Allegation: The percentage of budget increase should match the percentage of population increase.

Truth: There is no direct relationship between budgetary figures and population. For example, a population increase of 1000 can result in a very large budget increase for a new elementary school, middle school, and part of a high school. This is why a residential growth rate of approximately 1% annually is sustainable, but a higher average annual residential growth rate is not.

Allegation: "The Calvert County government revenue trend is alarming!" - Charlie Donnelly

Truth: Calvert County projects revenues and expenditures for 6 years into the future using a very conservative model on both the revenue and expenditure ends. The projections have not factored in additional revenue from Calvert Cliffs Nuclear Reactor III because it is not a given at this time. The County plans for a structurally balanced budget. Calvert County has won the most prestigious budget and audit awards for the last 8 years. Declining assessments are factored in. There is no alarm unless alarmists are elected.

Allegation: "The County Commissioners are counting on a third nuclear reactor to solve all the County's problems." - Charlie Donnelly

Fact: The third nuclear reactor is not factored into future budget projections at this time. Calvert County budgets very conservatively under the current leadership.

Allegation: Property taxes went up despite assessments going down.

Truth: This is true in many cases for this year, as well as in my own case. Because of the Maryland Homeowner Tax Credit, property tax amounts can not exceed 10% per year, no matter how much assessments increase on a principle residence. While my assessment is lower, it is still higher than what I actually paid in taxes last year because the Homeowner Tax Credit limited the increase over past years. It will level out within a year or two.

Allegation: "The drip irrigation system in the Apple Green subdivision has failed." - Charlie Donnelly

Truth: A drip irrigation system has been approved for the Apple Green subdivision. It has not been built. It has not failed. There is a moratorium on building new drip irrigation systems in Maryland at the current time.

Allegation: The Town Center concept is a failure.

Truth: The Town Center concept's purpose is to direct residential and commercial growth into the town centers, protecting the rural character of Calvert County outside the town centers. This concept is working extremely well at channeling growth where it is designed to go. Calvert County is preserving more acreage than is being developed.

Allegation: "Chesapeake Beach and North Beach are failed town centers." - Charlie Donnelly.

Truth: Both Chesapeake Beach and North Beach are vibrant town centers with many professionals and young families choosing to live in these charming towns and with an increasing number of businesses choosing to relocate there.

Allegation: Kelly McConkey built Kelly's Nursery in Dunkirk in violation of the zoning ordinance and without permits.

Truth: Kelly McConkey had obtained all permits to build Kelly's Nursery. A non-adjoining property owner in the same subdivision sued Calvert County on a technicality, stating that the County erred in issuing the permits for the Nursery. The Circuit Court withdrew the permits based on a technicality after Kelly had constructed the nursery. The County erred, according to the court, not Kelly McConkey.

Allegation: Kelly's Nursery is the only business in Calvert County where the owner is required to reside on the property.

Truth: This allegation is true. I also believe that the Calvert County Zoning Ordinance section that required that Kelly McConkey live on the nursery property is unconstitutional. It has been overturned since that time. However, Kelly is still subject to the now non-existent zoning ordinance due to the original lawsuit. To overturn the court ruling would be very expensive for Kelly McConkey. This is an example of bad government and abuse of power in my opinion, and occurred before the term of the majority of the current BOCC who were first elected in 2002.

Allegation: Once approved, taxes are never rolled-back.

Truth: The majority of the current BOCC rolled back the County Amusement Tax from 10% to 3%, though such action is rare.

Allegation: The Commissioners shut down the Chesapeake Church food pantry in a dispute over a driveway entrance on Route 4.

Allegation: The Village Green in Lusby has not been built.

Truth: The Village Green in Lusby has not been built.

Allegation: One Commissioner (Charlie Donnelly) "will trim government and put an end to policies that raise real property taxes."

Truth: Real property tax rates have remained the same in Calvert County since 1987. Rising assessments, which resulted in property tax increases were not due to policies instituted by the BOCC, but due to national policies on the federal level, over which a Commissioner has no control.

Truth: In a rush to do God's work, Chesapeake Church opened a food pantry on adjoining property without permits, including without a use and occupancy (U and O) permit. Because ALL commercial uses require u and o permits, and churches are not treated differently than any other commercial entity, the County Planning and Zoning (P & Z) Department required that the permits be obtained before further use. The Court stayed that request and the food pantry continues to operate while a settlement is reached. The pantry is not "shut down."

Allegation: The County would not permit an indoor sports arena when a dance studio is allowed to operate nearby.

Truth: An indoor sports arena opened in an old warehouse, after being told by P & Z that the use was NOT permitted, without permits and without a U and O permit. The location of the warehouse was industrially zoned, and the use was prohibited in the industrial zone. First, the warehouse turned out to be unsafe when a partial roof collapse occurred during the winter blizzard, which is WHY U and O permits are required--to ensure safety. Secondly, sports arenas and dance studios used to be permitted uses in the industrial zone. However, the zoning was changed for safety reasons. It is not good public policy to have a sports arena located next to a rubble landfill transfer station with tractor trailer trucks sharing the area with children and families, as occurred in this case.

Allegation: The County does not provide ethics training to its employees.

Truth: The County provides a copy of the Ethics law to each employee and to each appointee to a County board and/or commission. Additionally, the Calvert County Ethics Commission trains all County managers in a train-the-trainer format. Ethics complaints against County employees is as a result of the emphasis on ethical behavior. Each employee subject to the Calvert County Ethics Ordinance fills out a required Ethics Form each January that is sent to the Calvert County Ethics Commission for their review.

Allegation: The County Ethics Ordinance needs to be strengthened.

Truth: For the last year, well before the election campaign began, the Calvert County Ethics Commission has been working on a revised and strengthened Ethics Ordinance, coordinating their efforts with other Ethics Commissions from around the state and with the MD State Ethics Commission, and incorporating new ethics requirements passed by the General Assembly of Md. That proposed revision to the Calvert County Ethics Ordinance will be presented to the public and to the BOCC soon.

Allegation: The Calvert County Department of Planning and Zoning (P & Z) treats some people differently from others.

Truth: The Zoning Ordinance for Calvert County was revised and passed by a majority of the BOCC. No Commissioner approves of every facet of the Calvert County Zoning Ordinance (CCZO), including me, nor voted for every facet of the CCZO. We were all in the losing minority on some provisions and the winning majority on others. P & Z is tasked with administering the CCZO as written.

Allegation: The Department of Planning and Zoning (P & Z) is business-unfriendly.

Truth: Some provisions of the CCZO are business-unfriendly, in my opinion. However, the majority of the BOCC voted for those provisions. There are a number of CCZO provisions that I hope will get revisited during the next term and some that I hope will be added to increase the business-friendliness of the CCZO. Also, P & Z needs to coordinate their efforts more closely with the Department of Economic Development, which sometimes finds their hands tied by the CCZO. Oftentimes, P & Z gets blamed for requirements of state agencies like the Critical Area Commission, which P & Z is required by law to administer.

Allegation: The Department of Planning and Zoning (P & Z) interprets the CCZO in the most restrictive manner possible.

Truth: I have found this allegation to be true, in many instances, to the point of absurdity. This is a management issue. Ultimate responsibility falls to the majority of the BOCC.

Allegation: P & Z is over-zealous in its enforcement of the CCZO.

Truth: I have found this allegation to be true, in many instances. This is a management issue. Ultimate responsibility falls to the majority of the BOCC. There is currently an advertised vacancy for the position of Zoning Enforcement Officer. An absurd interpretation of the CCZO followed by over-zealous enforcement leads to attempts to circumvent the CCZO, which is unfortunate, and which I hope to see changed in the next term.

Allegation: The Calvert County Comprehensive Plan (Comp. Plan) is responsible for the superior quality of life we enjoy in Calvert County. The Comp. Plan was developed and updated with the involvement of the majority of Calvert County citizens and is the blueprint for development in Calvert County.

Truth: All the above is true, in my opinion.

Allegation: The Comp. Plan is old and outdated and is responsible for the business-unfriendly policies of P & Z.

Truth: The Comp. Plan is an extremely valuable, living document that serves as a guide for the direction our County wishes to take. However, the management and customer service issues experienced by P & Z are a result of how the Comp. Plan is used in daily decision-making, and not a reflection of the Comp. Plan itself, in my opinion. As the old saying goes, "The devil is in the details" of how the Comp. Plan's guidance is used.

Allegation: There is a lack of affordable housing in Calvert County.

Truth: Since the recession caused a drop in real estate prices and activity, there is more affordable housing in Calvert County than ever before. Rental stock used to be very limited and very high priced. There is currently an abundance of rental stock with more affordable prices than before. There are over 225 houses for sale priced below $250,000 and about 200 houses priced below $200,000 and they are located in every sector of Calvert County except for Dunkirk. Residents at the lowest income levels may still find housing a difficult challenge.

Allegation: Sewer is needed all over Calvert County.

Truth: Sewer is extremely expensive to provide. It is not economically feasible to provide sewer all over Calvert County. Sewer hook-up fees would be insurmountable for many families and businesses. In the town centers, sewer is provided in the major town centers including Chesapeake Beach, North Beach, Prince Frederick, and Solomons. As the Town Center Master Plans for minor town centers are updated, plans for sewer will be part of the dialogue with the public. Ultimately, the residents of each town center will make the determination.

Allegation: Calvert County does not use process flow management techniques. Technology, along with process flow techniques, can deliver improved customer service.

Truth: Calvert County does use all available management techniques, including process flow techniques. In fact, new technology is being brought on board to enhance customer service. New World systems technology is improving customer service in the public safety arena and enhancing the response capability. The current upgrade to the Hansen System will provide greatly enhanced customer service in the area of commercial permits utilizing process flow management techniques. It is time consuming and costly to upgrade technology, but Calvert County government is steadily doing so along critical pathways.

Allegation: The Town Center Master Plans are a failure.

Truth: The Town Center Master Plans for minor town centers are currently being updated. Some provisions of the older Town Center Master Plans demand revision; others are working very well. Success of a Town Center Master Plan is not based on the amount of affordable or high-density housing in that town center. For example, Dunkirk was conceived as a commercial town center because of its location on both sides of Route 4. There is very little housing in Dunkirk, as originally envisioned.

Allegation: The Patuxent Business Park (PBP) reflects a failure of Economic Development policies.

Fact: The PBP is not owned by Calvert County taxpayers. Rather, it is owned by the Maryland Economic Development Corporation (MEDCO), a quasi-governmental entity of state government. The Park is ready for the resurgence in the Economy. During these unsettled economic times, few business relocations are occurring.

Allegation: Residents of Calvert County are losing their homes because of high Calvert County real estate taxes.

Truth: The property tax rate in Calvert County is unchanged since 1987. This is unheard of in most jurisdictions. Property tax amounts have increased with rising state property assessments. However, to offset the rise in assessments for those on fixed incomes, the BOCC passed an increased state Homeowner's Tax Credit. If your income is below $60,000 annually, and your net worth, EXCLUDING YOUR PRIMARY RESIDENCE AND EXCLUDING ANY RETIREMENT ACCOUNTS, is below $200,000, you can apply for a Homeowner's Tax Credit against the amount of your property taxes, reducing your property tax amount. No one should be losing a primary residence due to property taxes in Calvert County.

Allegation: "On almost every Tuesday, the Commissioners meet in closed meetings from which the public and press are excluded." - Charlie Donnelly.

Truth: Maryland law (COMAR) regulates when a BOCC may meet in Executive Session. Each set of minutes, where an Executive Session has occurred, has to list the criteria of the MD state law that applies. Of course, the BOCC meets in Executive session for the privacy of employees when there is an employee issue, and to negotiate land contracts, and the other categories. As a lawyer, Mr. Donnelly should know that confidentiality is required in many situations.

Allegation: The Commissioners met with SMECO behind closed doors.

Truth: Please see the information about Executive Session above. The very public meeting with SMECO with regard to the unwelcome utility poles can be viewed at: http://ccg.mavenspire.net/100810Agenda/agendaviewer.asp. It is Presentation 2 – SMECO.

Allegation: "The Commissioners gave themselves a big fat pay raise." - Charlie Donnelly.

Truth: The Maryland State Legislature sets the pay for elected officials. A Compensation Committee is appointed prior to the election. That committee surveys a variety of data with regard to pay and then makes a recommendation on pay for all elected officials for the next term. The BOCC can endorse the Compensation Committee report before it goes to the MD General Assembly, or not endorse it. However, the MD General Assembly makes the decision for the next BOCC. This process has already been followed for the next term, and pay has been frozen for the next four years.

Allegation: "No policies for decreasing real property tax burden on the citizens." - Charlie Donnelly.

Truth: The BOCC extended the Maryland State Homeowner's Tax Credit for the primary residences of Calvert County residents beyond the amount allowed by the state. The property tax rate in Calvert County is unchanged since 1987. This is unheard of in most jurisdictions. Property tax amounts have increased with rising state property assessments. However, to offset the rise in assessments for those on fixed incomes, the BOCC passed an increased state Homeowner's Tax Credit. If your income is below $60,000 annually, and your net worth, EXCLUDING YOUR PRIMARY RESIDENCE AND EXCLUDING ANY RETIREMENT ACCOUNTS, is below $200,000, you can apply for a Homeowner's Tax Credit against the amount of your property taxes, reducing your property tax amount. No one should be losing a primary residence due to property taxes in Calvert County.

Allegation: "Failure to address the spiraling growth of County budget spending." - Charlie Donnelly.

Truth: County budget spending increased with increases in tax revenues, especially with increases from our largest tax payers, Dominion LNG and Constellation Energy. County spending doubled in 1974 when tax revenue doubled due to new tax revenues from the opening of Calvert Cliffs Nuclear Power Plant. With the deep recession, County departments were cut 4 to 5%, no employee step increases were given, a soft hiring freeze was instituted, capital projects were postponed, and many other austerity measures were imposed without affecting the overall quality of life in Calvert County.

Allegation: "Punishing anyone who disagrees with the Commissioners" followed by a list of examples. - Charlie Donnelly.

Truth: There are consequences for expanding a commercial use without required permits (2 examples). The BOCC has a fiduciary responsibility for oversight of Special Tax District Funds (one example). The BOCC has the authority to appoint the members of the Board of Appeals who they believe will do the best job and takes this responsibility very seriously.

More coming as time permits.......Please feel free to submit questions or request additional items.