Planning panel approves Lehi Villas subdivision certification amid traffic, legal and ethics concerns

The Calvert County Planning Commission voted 4-3 on Aug. 21 to approve certification of SDFP 143173, the Lehi Villas lot 1, section 2 subdivision, after members debated a corrective deed tied to a 2005 memorandum of understanding and whether sufficient traffic-study data supported findings under the county’s adequate public facilities rules.

Tamara Blake Wallace, the planning commission administrator, told the commission that conditions of the preliminary approval granted on May 15 had been met and presented the options to approve as certified, request changes, request more information, or disapprove. The commission then considered questions about a corrective deed that recites nominal consideration of $1 and the legal effect of the 2005 MOU.

County legal counsel John Norris said the 2005 memorandum had been approved by the planning commission at that time and explained the recorded deed language and how the Board of County Commissioners could move to set a deed aside if it objected. “The Board of County Commissioners is not required to take an action to accept the transfer of the property,” Norris said while describing the recording and nominal-consideration language.

Commissioners and members of the public pressed staff on the status of the traffic analysis. Planning staff said the traffic study is tied to the site plan and remains under review by Public Works, and is therefore not finalized for making an adequate public facilities determination tied to the subdivision. A speaker identified as David told the commission the original Lusby Village traffic study submitted May 15 was "invalid under county regulations because the data underlying that study was too old," and urged the commission to reassess whether the county had “the right traffic data” to find conformity under the adequate public facilities ordinance.

During the discussion, Commissioner Lisa Williams moved to approve the certification "as satisfied." The motion was seconded and put to a roll-call vote. Commissioners Freeland, Gadway and McQueen recorded votes against the motion; Commissioners Holler, Kern (Kernan), Williams and the chair voted in favor. The motion carried 4-3.

The vote prompted immediate public-comment attention. Multiple residents presented petitions and letters they said opposed the Lusby Village project and raised concerns about traffic, school overcrowding and emergency-service capacity. Tracy Malloy of Lusby told the commission, "You are signing away his future," referring to effects on local schools and property values. Chris Sleeper warned that existing roads and emergency services are already strained and that adding hundreds of units would burden local infrastructure.

Public commenters also raised ethics and disclosure concerns about Commissioner Williams. Terry Singer asked whether Williams had been "legally registered as a real estate agent" and whether that status, if not previously disclosed, could affect prior votes. Ira Gowins told the commission constituents planned to fund a lawsuit and alleged a failure to disclose a license, saying, "you just bought yourselves a lawsuit." Lisa Williams responded at length in the meeting, denying any financial or personal interest in the Lusby Villas project, defending the completeness of her financial-disclosure forms and citing Calvert County Code sections governing conflicts and ethics proceedings. "I have no financial or personal interest whatsoever in Lehi Villas," Williams said, and added that she had consulted counsel in the past when potential conflicts arose.

The meeting record shows the traffic study remains under review by Public Works and that staff told the commission the study is part of the site plan process rather than the subdivision certification. County counsel said there was no county action accepting the transfer recorded last week and described conditions in the 2005 MOU and the deed-recording timeline. Several speakers urged the commission to pause and gather more information; County Commissioner Mike Hart, speaking as a citizen, told the panel, "Get those questions answered and get it right before we proceed."

The planning commission moved on after the vote. Staff reported there were no site-plan reviews or preliminary major-subdivision applications on the remaining agenda, and the meeting proceeded to a routine public-comment period and adjournment.