School report wasn’t filed
Annual document on capacity, development omitted in 2016, 2017
Anne Arundel County’s Office of Planning and Zoning failed to release annual reports in 2016 and 2017 detailing how construction of residential developments affected county schools.
The report has been required under county law since 2003. The county auditor noticed that two years of reports had not been filed and brought it to the attention of Zoning Officer Phil Hager.
In a letter to Auditor Jodee Dickinson, Hager said he became aware of the issue in December and admitted the reports had not been filed. He also said his staff started late on the 2018 report. Both county and school officials said lack of the report didn’t affect school capacity decisions.
“In light of the actions that were taken over the last several months, I believe my staff is appropriately aware of the need for the required timelines for delivery of this report,” Hager wrote in an April 13 letter. “I do not foresee this being an issue which is likely to be repeated anytime in the future.”
Dickinson alerted the council three days later about the failure to follow the code. Her letter sheds some light on why the county hadn’t filed reports previously — staffing shortages.
County Executive Steve Schuh expressed gratitude that the zoning officer corrected the error, said Owen McEvoy, Schuh’s spokesman. Failing to file the report did not affect the county’s ability to test for school capacity issues.
“There are other rules and regulations that assure that there is adequate school capacity in areas where development takes place,” McEvoy said.
“The report would have been another informational tool for use, but testing for school capacity never ceased.”
Schuh’s election opponent, Steuart Pittman, said failing to file the report was a deliberate violation of county law. Pittman is the only Democratic candidate running in the county executive race. Schuh is the only Republican.
The report “is very important because it tells the County Council and the public the impact of the rate of development on county schools,” Pittman said. “It is probably the biggest issue the county is facing. The citizens of Anne Arundel County deserve to know the impacts of our development activity.”
Hager said his office plans to file the report annually but also will explore whether the report is needed.
“It is certainly not used as a decision making document,” Hager said. “Is the need for this document what it once was? Since it is not being used by decision-making bodies, is it really something we should spend a lot of effort producing? Or should we track this data and make it available in future reports?”
The report is part of the county law on adequate public facilities. The rules prevent the county from approving development too fast to provide water, police or schools. Schools are considered closed if elementary or middle schools have more than 95 percent capacity. High schools are closed at 100 percent capacity.
The county recently changed the way incoming development affects capacity. Previously developers could build while the school in their area is labeled as open. Now their incoming development will count toward the school’s current capacity.
If a projected number of students is more than 85 percent over available capacity, the development is put on the waiting list or the developer must provide county-approved mitigation. Developments with five or fewer lots are exempt.
Lack of the 2015 and 2016 reports didn’t affect school capacity issues because the school system is notified of projects that would affect school populations, said Alex Szachnowicz, Anne Arundel County Public Schools chief operating officer.
The newly filed report covers Nov. 9, 2016 to Nov. 8, 2017.