A member of Carroll's environmental advisory board says he wasn't soliciting customers for his landscaping business -- just offering to provide professional advice -- when he approached representatives of a corporation that was seeking a variance from the county's forest conservation ordinance.
Kevin E. Dayhoff, who owns a Finksburg landscaping business, gave his business card to an environmental consultant for Laurel Sand & Gravel Inc. after the Nov. 30 Environmental Affairs Advisory Board meeting and suggested that the consultant call him.
County Attorney Charles W. Thompson said the county's ethics law doesn't address such business contacts, but he suggested that the county could provide better orientation programs for board members.
Members of the county's Ethics Commission refused to say whether they would review Mr. Dayhoff's action concerning any possible conflict of interest.
"I don't know what would be appropriate and what would not be appropriate," Mr. Dayhoff said this week.
"I wouldn't take on a client who had business before the EAAB because I don't think that would be appropriate. But if they wanted to come back to me and ask for advice, I'd be happy to give them advice."
Mr. Dayhoff said he would accept landscaping work outside Carroll County from Laurel Sand & Gravel or from the corporation's environmental consultants.
Laurel Sand & Gravel sought a variance from tree-planting requirements, which has since been withdrawn because the corporation instead will meet the tree conservation requirement by planting at another location.
The company plans to build a transfer station in Finksburg to store stone that later will be shipped by rail.
Stephen L. Huber, vice president of Exploration Research Inc., environmental consultants, said he didn't plan to notify the county ethics commission about Mr. Dayhoff's action because, "I don't think it's that much of a problem."
Mr. Huber, a professional forester, said he thought Mr. Dayhoff might have been joking when he proffered his business card after the EAAB meeting. "I do what he does now in a professional capacity," Mr. Huber said.
During the meeting, Mr. Dayhoff challenged Mr. Huber's cost estimates for the tree planting as too high.
Mr. Dayhoff said he wasn't joking. "I felt like, here I am, I'm sitting on this board. These people want to provide the county with a commercial enterprise and with jobs and here I am telling them what they can't do."
He said that after voting to deny the variance, he wanted the corporation to know, "If they needed advice, I'd be happy to give it."
Timothy J. Schmidt, director of land resources for Laurel Sand & Gravel, said the transfer station will bring as many as seven jobs to the county. He said he was unaware that Mr. Dayhoff approached anyone after the meeting.
He declined to comment on the specifics of Mr. Dayhoff's situation.
The three EAAB members appointed since December 1993 apparently have received no guidance on the county ethics law.
Mr. Thompson said the attorney's office relied on staff members working with individual boards and commissions to provide ethics guidelines.
"I would say we need to do a better job of instructing our board members, and we'll try to do that," Mr. Thompson said.
Deputy County Attorney George Lahey, who advises the ethics commission, said he didn't see a need for new board members to receive copies of the ethics ordinance. "It's on file. It's open to anyone to read," he said.
Environmental Services Administrator James E. Slater Jr., who authorizes variances when the environmental advisory board concurs, did not return telephone calls.