Sunday, August 26, 2007

Appeals board overturns cell tower OK

County won't allow 11-story pole on Randallstown High School site

By Jennifer McMenamin

Sun reporter

August 23, 2007

Finding that the risks of building a cell phone tower near tennis courts and athletic fields at Randallstown High School were too great, the Baltimore County Board of Appeals overturned yesterday a zoning commissioner's ruling to allow the project.

The three-member panel debated the proposal for about an hour before unanimously agreeing that T-Mobile should not be allowed to lease a patch of land on the high school campus to build the tower.

"I don't think a school is an appropriate place for a cell tower," said Margaret M. Brassil, chairwoman of the panel considering the cell tower case. "I hate to say this, but it's kind of like the old smell test. It just smells bad."

Community activists who attended the panel's public deliberation session yesterday and who have fought plans for the 11-story tower's construction expressed satisfaction.

"I'm very pleased," said Aaron Plymouth, immediate past president of Randallstown High's Parent Teacher Student Association and the Randallstown resident who appealed the zoning commissioner's decision to allow the cell tower. "The community would have been more satisfied and less in opposition if a different location on the 42-acre property would have been chosen."

Omnipoint Communications Cap Operations and T-Mobile sought to construct a fake light pole among the school's existing outdoor lights to hold the cell phone tower. In their written filings, lawyers representing the company in the zoning case characterized the plan as a "stealth option" that provided the least intrusive means of offering cell phone coverage for the area.

The company said the new tower was needed to address "substandard coverage" along sections of Offutt and Winands roads as well as the densely populated neighborhoods that surround Randallstown High. In the absence of commercially zoned land, T-Mobile engineers determined that the school was the best and "only logical option" for a new tower because of the property's elevation, size and location.

"As many wireless customers now use mobile phones as their sole phones, residential penetration is a critical coverage objective," lawyers Karl J. Nelson and G. David Dean wrote in papers filed in the case.

The school board agreed to lease T-Mobile the necessary land for $1,500 a month for 25 years.

But area residents and community activists objected.

They expressed concern that students and others might be curious about the tower and its accompanying refrigerator-sized electrical boxes and be tempted to climb the tower or scale the 8-foot fence that would encircle the equipment.

They argued that building the cell tower on school grounds would present greater risks than constructing it some place used less frequently by children, teenagers and area residents.

And they contended that T-Mobile wanted the tower "to gain a competitive edge in the industry" rather than to address complaints from existing customers, according to written filings submitted by the deputy people's counsel for Baltimore County.

"It was a matter of greed," said Linda Dorsey-Walker, a former Randallstown High PTSA officer and area resident. "They were unconcerned if it did pose a safety issue for children."

Members of the appeals board that heard the case disagreed on whether schools are inherently unsafe locations for cell towers.

While Brassil expressed frustration that the County Council had not simply outlawed such structures on school property, board member Robert W. Witt said he was troubled only by the proposed location of this tower near Randallstown High's recreation fields, tennis courts and school entrance.

"I had nothing against them putting a tower on school property," he explained.

T-Mobile will have 30 days after the board's written decision is issued to appeal the case to the circuit court. Lawyers representing the company could not be reached yesterday.

Realizing that the issue might not be settled with this case, state Sen. Bobby A. Zirkin said he still intends to introduce legislation aimed at banning cell phone towers from public school property.

"I don't think this decision prohibits it carte blanche," he said. "They could just come back and do it a different way."

T-Mobile said it has a cell phone tower identical to the one proposed for Randallstown near a baseball field at a Baltimore County elementary school as well similar facilities near schools in Montgomery and Charles counties, according to written filings.

Kara Calder, a Baltimore County schools spokeswoman, said there is a cell tower near Fullerton Elementary but that the structure does not sit on land owned by the school system.

Tuesday, August 14, 2007

Sen. Zirkin Fights Plan For Phone Tower At School

By Gina Davis
Sun Reporter
Originally published June 8, 2007

Angry about a decision they say was made without community consultation, local legislators and advocates are pressing the Baltimore County school board to scrap plans for a cell phone tower to be built at Randallstown High School -- a project that would pump an estimated $450,000 into the school system.

State Sen. Bobby A. Zirkin said he plans to submit legislation designed to ban cell phone towers from school properties in the county and will file an injunction, if necessary, to stop construction of the 110-foot tower at Randallstown High on Offutt Road.

"Please be advised that I hope to make any plans related to your cell phone tower project at Randallstown High School illegal," Zirkin wrote in a June 1 letter to county schools Superintendent Joe A. Hairston. "I will be doing everything in my power to stop this project."

Community advocates say they are worried about health risks and safety hazards -- concerns they say they were unable to express to the school board.

"The way they went about it was hush-hush," community activist Ella White Campbell said. "I was not aware that it came before the planning board and the school board."

County Councilman Kenneth N. Oliver, whose 4th District includes Randallstown, said yesterday that he would support Zirkin's legislation to prohibit similar projects. He added that while the council has no procedural recourse to stop the Randallstown project, he hopes the school board will reconsider its plans.

"They should stop this process and talk to the community," Oliver said. "I hope the school system itself will cancel the contract, or try to cancel it, and not put any cell towers on any county properties, especially schools."

Resident Aaron Plymouth's appeal of the county zoning board's decision to permit the tower is pending after a hearing last month. Both sides are expected to file legal briefs by next Friday, according to Plymouth, former president of the Parent Teacher Student Association at Randallstown High.

State Sen. Delores G. Kelley and Campbell plan to meet, perhaps as early as next week, with Hairston to discuss their concerns.

"We want to make sure this never happens again," Campbell, executive director of the Liberty Road Community Council, an umbrella organization of community groups in the Liberty Road corridor, said yesterday.

Through a school system spokeswoman, Hairston said yesterday that he "is interested in listening to multiple voices in the community."

Some in the community are concerned about the possible effects of the electrical energy emitted from a tower.

In the Baltimore area, neither Harford nor Anne Arundel County has cell phone towers on school properties. Carroll County's director of facilities, Ray Prokop, said that to the best of his knowledge, the school system has no towers, but the local municipalities are permitted to place them atop water towers that are on school grounds.

In Baltimore County, at least one school, Fullerton Elementary, has a cell phone tower on its property, according to community leaders. But schools spokeswoman Kara Calder said yesterday that school officials could not confirm this.

In September 2005, the county school board agreed to lease property at Randallstown High to T-Mobile so the company could build the cell phone tower near the school's tennis court. The 25-year lease agreement requires T-Mobile to pay the school system $1,500 a month. The tower would be mounted atop an existing light stand and would be surrounded by fencing, though not an electrified fence as some community leaders had been told, according to T-Mobile spokeswoman Jane Builder. She added that the tower could be built within two weeks of the resolution of the legal issues.

Minutes from an August 2004 school board meeting -- when members agreed to allow T-Mobile to conduct a feasibility study, which included soil testing -- indicate that the board did not plan to seek community opinion.

When school board member Joy Shillman asked whether the community would be consulted, Don Krempel, who was then executive director for Physical Facilities for the school system, "responded since the cell tower would be on school property, the community would not have input," according to the minutes from the meeting Aug. 10, 2004.

Campbell said residents are worried because the tower is expected to be built near the school's tennis court, baseball field and parking lot. She said that because area residents often visit the school for recreational purposes, people could be injured if they climb into the fenced-in area to chase after balls near the tower.

Zirkin, who said he testified at last month's appeal before the zoning board, added that the school board's action illustrates his concerns that the panel is unresponsive to the community.

"They believe the schools belong to the school system, not the community," he said. "There was no public notice whatsoever. If they had done so, they would know that the community was opposed."

Friday, June 22, 2007

Legal ruling supports school cell tower ban

By Gina Davis
Sun Reporter

June 22, 2007

A finding by the state attorney general's office suggests that Maryland law could be changed to ban cell phone towers from public school properties in Baltimore County, a state senator assured a group of residents hoping to thwart plans for a tower at Randallstown High School.

It is possible to draft such legislation in a constitutionally sound format, and possibly apply it retroactively to void a contract between the school system and T-Mobile, state Sen. Bobby A. Zirkin told about a dozen residents at a community meeting this week in Randallstown.

The Maryland General Assembly could "prevent a board from leasing school property to a private party for private purposes," Assistant Attorney General Robert A. Zarnoch wrote in a six-page response to Zirkin. "To avoid any contention that the proposed legislation unreasonably discriminated against providers of wireless service, I would recommend that any legislation be aimed at the leasing of property to any private entity."

Legislators and community activists have been urging the county school board to scrap plans for a 110-foot cell phone tower to be built at Randallstown High School on Offutt Road - a project that would pump an estimated $450,000 into the school system. Opponents are concerned about possible health risks associated with the towers, and are angry that the school board approved the plan without public comment.

Until 2004, state law prohibited school systems from leasing property to private companies.

In September 2005, the county school board agreed to lease property at Randallstown High to T-Mobile so the company could build the cell phone tower near the school's tennis court. The 25-year lease agreement requires T-Mobile to pay the school system $1,500 a month.

The tower would be mounted atop an existing light stand and would be surrounded by a fence, though not an electrified fence as some community leaders had been told, according to T-Mobile spokeswoman Jane Builder. She has said that the tower could be built within two weeks of the resolution of the legal issues.

Community advocates say they are worried about health risks and safety hazards, concerns they say they were unable to express to the school board.

Resident Aaron Plymouth last year appealed the county zoning board's decision to permit the tower. The appeals panel is scheduled to deliberate July 18 and render its ruling soon after.

Zirkin told the residents at a meeting Tuesday night in Randallstown that he would seek an injunction to stop T-Mobile's plans if the county's zoning appeals panel rules next month in favor of the wireless phone company. He added that regardless of the panel's decision, he plans to introduce legislation during the 2008 General Assembly to ban the towers from school grounds.

Zirkin said that in light of "conflicting evidence" about the health hazards of cell phone towers, "we should err on the side of caution when talking about something that's potentially unsafe to students and around students."

Ella White Campbell, executive director of the Liberty Road Community Council, said this week that the group is awaiting the ruling of a zoning board appeals panel before deciding whether further action is warranted.

Campbell said that she and state Sen. Delores G. Kelley recently met with schools Superintendent Joe A. Hairston in the hopes of persuading the school system to change its mind about the T-Mobile deal. She declined to elaborate on the results of that meeting.

Wednesday, June 20, 2007

Stricter Laws Put In Place For Sex Offenders

New laws target sex offenders, smokers, truants and gang leaders
Len Lazarick, The Examiner

Annapolis -
Gov. Martin O’Malley signed a series of law enforcement bills Thursday that included Jessica’s Law, a bill initiated by Republicans with strong bipartisan support. It establishes stiff minimum sentences of up to 25 years for people who sexually abuse children and denies them parole.

Sen. Nancy Jacobs, R-Harford, lead sponsor of Jessica’s Law, said she hopes to work with the governor and gain his support for additional measures to protect children.

O’Malley also signed laws increasing penalties for people who possess child pornography, and requiring presentencing investigations for all offenders convicted of sexually abusing a minor.

Sen. Robert Zirkin, D-Baltimore County, said his bill on presentencing will encourage judges to give jail time to sex offenders who may have a long history of abuse before they are actually caught and convicted. “They may have done it 100 times,” Zirkin said. “Now they’re going away.”

O’Malley also signed a new statewide ban on smoking in bars and restaurants that will go into effect Feb. 1. A new measure strongly backed by firefighters also requires cigarettes sold in the state to be self-extinguishing in order to prevent fires.

House Speaker Michael Busch called it “smoke-free Maryland day.”

Other laws enacted include denying learner permits to students who miss more than 10 days in the previous semester; the Gang Prosecution Act, which makes it easier to prosecute gang leaders; and a new tethering law that prohibits dogs from being tied outside from midnight till 6 a.m.

Friday, June 8, 2007

Sen. Zirkin Upset Over Phone Tower at Randallstown

Community fights plan for phone tower at school
Lawmakers, activists upset they weren't consulted
By Gina Davis
Sun Reporter
Originally published June 8, 2007

Angry about a decision they say was made without community consultation, local legislators and advocates are pressing the Baltimore County school board to scrap plans for a cell phone tower to be built at Randallstown High School -- a project that would pump an estimated $450,000 into the school system.

State Sen. Bobby A. Zirkin said he plans to submit legislation designed to ban cell phone towers from school properties in the county and will file an injunction, if necessary, to stop construction of the 110-foot tower at Randallstown High on Offutt Road.


"Please be advised that I hope to make any plans related to your cell phone tower project at Randallstown High School illegal," Zirkin wrote in a June 1 letter to county schools Superintendent Joe A. Hairston. "I will be doing everything in my power to stop this project."

Community advocates say they are worried about health risks and safety hazards -- concerns they say they were unable to express to the school board.

"The way they went about it was hush-hush," community activist Ella White Campbell said. "I was not aware that it came before the planning board and the school board."

County Councilman Kenneth N. Oliver, whose 4th District includes Randallstown, said yesterday that he would support Zirkin's legislation to prohibit similar projects. He added that while the council has no procedural recourse to stop the Randallstown project, he hopes the school board will reconsider its plans.

"They should stop this process and talk to the community," Oliver said. "I hope the school system itself will cancel the contract, or try to cancel it, and not put any cell towers on any county properties, especially schools."

Resident Aaron Plymouth's appeal of the county zoning board's decision to permit the tower is pending after a hearing last month. Both sides are expected to file legal briefs by next Friday, according to Plymouth, former president of the Parent Teacher Student Association at Randallstown High.

State Sen. Delores G. Kelley and Campbell plan to meet, perhaps as early as next week, with Hairston to discuss their concerns.

"We want to make sure this never happens again," Campbell, executive director of the Liberty Road Community Council, an umbrella organization of community groups in the Liberty Road corridor, said yesterday.

Through a school system spokeswoman, Hairston said yesterday that he "is interested in listening to multiple voices in the community."

Some in the community are concerned about the possible effects of the electrical energy emitted from a tower.

In the Baltimore area, neither Harford nor Anne Arundel County has cell phone towers on school properties. Carroll County's director of facilities, Ray Prokop, said that to the best of his knowledge, the school system has no towers, but the local municipalities are permitted to place them atop water towers that are on school grounds.

In Baltimore County, at least one school, Fullerton Elementary, has a cell phone tower on its property, according to community leaders. But schools spokeswoman Kara Calder said yesterday that school officials could not confirm this.

In September 2005, the county school board agreed to lease property at Randallstown High to T-Mobile so the company could build the cell phone tower near the school's tennis court. The 25-year lease agreement requires T-Mobile to pay the school system $1,500 a month. The tower would be mounted atop an existing light stand and would be surrounded by fencing, though not an electrified fence as some community leaders had been told, according to T-Mobile spokeswoman Jane Builder. She added that the tower could be built within two weeks of the resolution of the legal issues.

Minutes from an August 2004 school board meeting -- when members agreed to allow T-Mobile to conduct a feasibility study, which included soil testing -- indicate that the board did not plan to seek community opinion.

When school board member Joy Shillman asked whether the community would be consulted, Don Krempel, who was then executive director for Physical Facilities for the school system, "responded since the cell tower would be on school property, the community would not have input," according to the minutes from the meeting Aug. 10, 2004.

Campbell said residents are worried because the tower is expected to be built near the school's tennis court, baseball field and parking lot. She said that because area residents often visit the school for recreational purposes, people could be injured if they climb into the fenced-in area to chase after balls near the tower.

Zirkin, who said he testified at last month's appeal before the zoning board, added that the school board's action illustrates his concerns that the panel is unresponsive to the community.

"They believe the schools belong to the school system, not the community," he said. "There was no public notice whatsoever. If they had done so, they would know that the community was opposed."

Sen. Zirkin Pushes For Hybrid School Board

Delegation holds school board bill
Ron Cassie, The Examiner

Annapolis -
The Baltimore County state Senate delegation decided Thursday afternoon to table a bill that would have created a hybrid school board of appointed and elected members.

Sen. Bobby Zirken, D-11, sponsor of the legislation, said that he remains committed to at least a partially-elected board and will only table the legislation until next year when a broadly-supported plan can be put together.

“This bill wasn’t going to take effect until 2010 anyhow, so there is still time to get this done,” Zirkin said. “I guarantee I’ll be introducing some type of similar legislation next year. This gives us a chance to put all the ideas on the table and get everyone on the same page.”
Zirkin said he would consider all options over the summer, including using a judicial-style process for selecting school board members. Judges are initially appointed, but then must run for election. He’d also consider deciding the issue by voter referendum or having an 11-member board made up of seven elected and four appointed members, he said.

Similar legislation introduced in the Senate would have split the board into seven elected, seven appointed and one student member.

“We have 12 members and that bill would push it 15,” said school board member Meg O’Hare, pointing out that larger counties like Prince George’s and Montgomery have school boards half that size. “Nobody would be able to get anything done.”

O’Hare said she also opposed the idea of having the county council, county executive and governor all involved in the appointment process - as stated in that legislation.

“It brings too many politicians into the process with their own agendas,” O’Hare said.

State Sen. Norman Stone (D-6) said the delegation met with County Executive Jim Smith, who opposed the legislation.

Thursday, June 7, 2007

Sen. Zirkin Fights To Fix Juvenile Services

Juvenile facility to cost double the initial estimate
By Andrew A. Green
Sun reporter
Originally published June 7, 2007

Opening the state's first new residential treatment facility for juvenile offenders in years will cost about twice as much as officials first estimated.

The Victor Cullen Academy in Frederick County, due to open July 1 on the site of a defunct privately run facility, will cost the state about $11.2 million in renovations, plus $5.8 million to run it for the next year - well over the $6.8 million the legislature approved for the project this spring, officials said yesterday.The state Board of Public Works approved a contract yesterday for roofing repairs that are part of the renovation, despite reservations from Treasurer Nancy K. Kopp and Comptroller Peter Franchot about the reliability of cost estimates for the project.

Gov. Martin O'Malley defended the spending, saying the need for additional residential treatment beds has long been great and became more so this spring when the death of a Baltimore youth prompted closure of the Bowling Brook Preparatory School in Carroll County.

"When Bowling Brook was closed and we found ourselves in a jam, I pushed [the Department of Juvenile Services] to get something going," O'Malley said. "We need to get something done by July 1. Part of this is we're catching up with an urgent situation because of the lack of any place in the state to put kids."

The costs at Victor Cullen, which by law can hold no more than 48 children, point to the difficulties the O'Malley administration faces in its attempts to transform the state's violence-prone juvenile justice system. O'Malley and his juvenile services secretary, Donald W. DeVore, have pledged to develop small, regional treatment centers around the state, but the cost overruns at Victor Cullen suggest that doing so could be a difficult proposition at a time when Maryland faces large budget deficits.

"The type of commitment that's going to be necessary to fix juvenile services has been, and will continue to be, very large," said Sen. Bobby A. Zirkin, a Baltimore County Democrat and a leading advocate for juvenile justice reform. "It's impossible to fix juvenile services on the cheap."

In the case of Victor Cullen, the initial budget underestimated the costs of electrical work, renovations to air conditioning systems, computer network infrastructure and other costs.

Neil Bergsman, chief financial officer for the Department of Juvenile Services, said the buildings, which have sat vacant for five years, had deteriorated more than state officials initially thought. He said asbestos and mold remediation have been expensive.

Bergsman said the facility also never had proper telephone and computer infrastructure, which is necessary both for the staff's updating of the department's case management system and for the educational and vocational training programs that the department plans to run at the facility.

In all, he said, the project will cost about $17 million. The General Assembly approved $6.8 million, and the department had anticipated adding about $3 million that it would have spent to house the youths elsewhere.

General Services Secretary Alvin C. Collins, whose department is helping manage the project, said he doesn't expect more surprises now that the state has revised its initial estimate.

"That was based on some assumptions, and there were things we didn't know," Collins said. "We're very sure the construction costs we're now talking about are real."

Zirkin said it will require a strong commitment by the O'Malley administration and the legislature to revamp juvenile services at a time of budget shortfalls - state revenues are expected to fall as much as $1.5 billion short of expenditures next year. But he said it would be a wise investment.

"They're going to have to open up new facilities around the state, and it's going to be expensive," Zirkin said. "But in the long run, you save a lot more than what you're spending right now. If you don't do this, if you don't build the right type of facilities, what you end up with is paying for people to live in our jails. They're going to have to do this."

Tuesday, June 5, 2007

Balt. County Acquires New Land For Future School

County to acquire Rosewood parcel
Jaime Malarkey, The Examiner

Owings Mills -
State officials Wednesday announced plans to sell a significant Owings Mills land parcel to Baltimore County as a future school site.

The county is the only entity expressing interest in a 54-acre site on the Rosewood Center campus that Maryland’s Board of Public Works declared surplus Wednesday. County officials said they are negotiating a price and celebrated what they called a long-awaited decision.

“From my standpoint, it’s a huge win,” said state Sen. Bobby Zirkin, D-District 11, who represents the area. “We’ve been looking for years for a potential school site, and others have been gobbled up by development. There isn’t much space left suitable for what I’d like to see.”

A county spokeswoman emphasized that no specific project is planned for the parcel on the southeastern corner of Gwynnbrook Avenue and Owings Mills Boulevard.

But in a statement, County Executive Jim Smith said the county determined the most critical use for the property is a school, based on the region’s growth projections.

The state’s Department of General Services will determine market value, officials said, and proceeds from the sale will be deposited into a Developmental Disabilities Administration trust, which generates interest for community-based services such as respite care and living accommodations for people with disabilities.

The deal serves as a model of “what can be accomplished by people working together to chart the future of their communities,” said Gov. Martin O’Malley, Smith’s friend and co-campaigner.

Zirkin said the sale does not necessarily indicate legislators aim to close the Rosewood Center, the state’s largest residential facility for individuals with developmental disabilities.