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all right uh welcome everybody um this

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is the call to order for the Chesapeake

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Beach Board of Appeals 7 PM October 30

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2023 I will'll begin with a roll call um

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please answer in the affirmative uh Mr

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Richard Burch Mr Paul dhy present miss a

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Everett present Mr Stephen sharp present

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I am Jody honstar we have a full house

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tonight um

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so we will start with the approval of

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minutes from the past meetings uh I will

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do all three of these at once so we are

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considering the approval of the minutes

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of September 19 2023 the board of

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appeals case

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20233 for Roden reils Incorporated

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Donovan Estates LLC it's number one

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number two uh approval of the minutes

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for October 16 2023 the board of appeal

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special meeting and number three the

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approval of minutes for October 16th

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2023 the board of appeals close session

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um does any member of the board have

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issues with the minutes as they receive

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them hearing none I will entertain a

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motion to approve the

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minutes I just want move we have a

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second right all in favor I

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approved um we will start today with

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some procedural matters for this case

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for 20233 Roden reil Incorporated uh

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Donan Estates

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um for this session and the next

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meetings we will be limiting our time to

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2hour sessions today and going forward

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uh we have another plan session for this

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same case that will begin November 8th

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at

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7M um and at this point I believe we

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need to pass it by motion so I will make

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uh I'll entertain a motion to have

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two-hour sessions for this particular

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case I will make that motion second you uh pass okay um a little bit

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of administrative business

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yes motion to continue okay uh in that

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case uh I will hear a motion to continue

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this meeting on the 8th of

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November I will make that motion

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second all right all in

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favor um now for this case um during our

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last session um we need to clarify a bit

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about the order of presentation um we'll

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be following the standard order

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presentation as documented in the board

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of appeals rules procedure attachment a

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from here on since we are resuming from

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the meeting on 919 uh this is as follows

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we'll begin with uh one appellant

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testimony and evidence including

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Witnesses which will be followed by

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staff uh Town staff testimony and

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evidence um and then after that will be

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testimony and evidence by person or

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entity whose rights are impacted by the

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appeal members of the public if you so

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choose to speak uh and we will wrap up

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with any summary statements um at which

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point we will close the public hearing

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and begin

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deliberation um one additional note on a

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different topic um please do direct all

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comments and questions to the board

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chair or legal counsel um this is uh for

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the petitioner uh and staff and also

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applies to the gallery please do not

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direct questions at the petitioner or

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his

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staff um finally uh a note for the

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gallery um documents were submitted to

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the board in hard copy form during the

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previous session these documents are

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available on Chesapeake Beach

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maryland.gov on the page for the notice

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of public hearing for the uh town of

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Chesapeake Beach Board of Appeals posted

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October 26th at the bottom next to the

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Bold text that's uh for applicant

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exhibits you'll find a link uh to all

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the evidence we have on hand um if any

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additional document uh documents or

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evidence is to be presented please

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submit it to the town in advance of the

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public hearing so it can be made

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available for the gallery or provide

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extra copies which I understand has been

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done

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today

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um okay so any other procedural items

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that the board would like to discuss

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before we get into

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it all right uh hearing none um this is

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uh the board of appeals continuation

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case 20233 Roden reel Incorporated

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Donovan Estates LLC to consider an

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application from Roden reel and Donovan

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um of 4160 mirors Avenue Chesapeake

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Beach Maryland for a decision on

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interpretation or alleged error to

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article 6 section 2923 29031 A1 and6 of

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the Chesapeake Beach zoning ordinance in

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c390 c310 and c311 of the Chesapeake

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Beach Town Charter applicants request

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the Chesapeake Beach zoning board of

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appeals to order uh the zoning

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administrator and planning and zoning

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commission to immediately commence and

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prioritize the processing and review of

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the relevant site plan submitted by rod

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reel uh Donovan and that uh the zoning

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administrator and planning and zoning

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commission be ordered to apply the

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zoning ordinances in effect as of

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January 29 2021 when the applications

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were submitted and for such other and

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further relief as the nature of their

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calls requires at this point I will pass

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it to Mr Blitz for continuation of his

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presentation thank you Mr chair Eric

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Blitz on behalf of the rod and reel um

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if we could BJ if we could start the I

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have a PowerPoint just to

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help both the public and the board

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perhaps

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um follow

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along and I just got to make sure I

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don't go too fast

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um

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so briefly to summarize where we are in

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our presentation you know we the rod

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real filed five category one site plans

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on January 29th to the Planning and

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Zoning commission site plans are

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required of property owners to develop

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their property mandatory statutory

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obligation of the Planning Commission to

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review site plans mandatory statutory

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obligation of the zoning administrator

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to assist the Planning and Zoning

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Commission in the review of those site

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plans and the review by the commission

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has a 60-day deadline after the filing

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of the application for the site plans

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that's required by Maryland statute

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um and then we presented evidence on

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February 5th the zoning administrator

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sent an email to the rotten reel agent

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giving notice of two reasons why the

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site plans would not be reviewed that's

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on exhibit

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seven uh the first reason was that five

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applications imposed a significant

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challenge to the commission uh and the

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town's planning zoning and project

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review functions because it would delay

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and derail the commission's work on

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ongoing comprehensive Plan update and

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the second reason was notice of a

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February 4th meeting um or a hearing

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scheduled by the commission to recommend

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to the Town Council adopt an ordinance

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to impose a temporary moratorium on the

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processing of site plans including the

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rod and reel's five site

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plans we also showed why the

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comprehensive plan was already four

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years late at that time and the

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statutory obligation of the Town zoning

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code mandating the commission conduct a

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review of the comprehensive plan every

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six years meant that the commission was

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supposed to have been done in

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2017 um and we pointed out that Maryland

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provides an additional legal requirement

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of 10 years for comprehensive plan

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review which meant that at this point

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the commission hadn't met that

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obligation either um and Maryland does

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allow two six-month extensions but the

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commission did not make those requests

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and there's a consequence to the failure

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to meet Maryland's deadline and that is

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under Maryland statute it's illegal to

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make any changes to zoning

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classifications so we then submitted the

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commission the minutes of the commission

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that big packet of all of the um minutes

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from 2018 to 2021 where we showed the

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zoning administrator during that period

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of time I mean the Planning and Zoning

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commission during that time was working

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on the comprehensive plan at the same

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time that we're working on the uh other

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site plan reviews

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so that's where we are right now for our

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next step I think it's important for the

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board to understand the Dual duties of a

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Planning and Zoning commission so it has

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two different types of Duties one is in

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the area of planning and policy um and

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that's associated with the comprehensive

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plan and that's quasi legis

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legislative we don't get to challenge

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what the plan actually is they they have

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it's very was very very hard to

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challenge it let's put it that way um

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the other are the administrative

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duties I don't know whether I'm close

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enough to the mic so people can hear me

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so I'll try to get a little

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closer um which includes recommendations

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to the town council site plan reviews um

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subdivision and plat reviews under the

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subdivision regulations um and under

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Maryland law they must do those

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concurrently there's no statutory

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Authority in the town code or Maryland

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law that allows the commission to

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prioritize one over the

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other at the time of the Roden reel's

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application for site plan

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review uh were filed in January of 2021

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the commission had been working on the

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comprehensive plan and the

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administrative duties on site plan

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requests for almost three years

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including some major site plan reviews

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um yet a mere s days after the Roden

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reel filed its

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applications there there was a

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moratorium being proposed to prevent

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my client's site plan review from going

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forward please consider the uh statutory

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and important role of comprehensive plan

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in the town zoning Authority because

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it's relevant to the zon the rod and

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reels applications and the commission's

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long overdue plan a comprehensive plan

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takes undertakes the integration of a

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whole set of data for existing velopment

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patterns with things like infrastructure

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population growth PL rates the plans for

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the future and makes recommendations and

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each time the comprehensive plan is

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updated they're looking at the current

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plan those patterns and making

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adjustments um but when a comprehensive

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plan is passed it becomes the legal

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basis upon which the zoning ordinances

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implementing the plan are passed by the

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town it gives guidance to citizens

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Property Owners um and stakeholders

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about the potential restrictions of

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their property rights and that's one

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reason has to be updated

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regularly as I mentioned before in ches

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Beach it has to be done every six

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years and this is a a quote from the

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land use article section

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3201 that reinforces that point about

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comprehensive plans that it gives

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guidance to public and private actions

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and and that's that guidance is

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important because people are then

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relying upon that plan being done

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expeditiously so the other thing that

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was mentioned in the zoning

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administrators email saying they weren't

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going to um review the site plans was

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this idea of a

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moratorium

281
00:11:55,800 --> 00:12:00,360
and from that email there is

282
00:12:00,360 --> 00:12:02,120
no doubt that it was targeting the rod

283
00:12:02,120 --> 00:12:04,519
and reel applications uh you'll see

284
00:12:04,519 --> 00:12:07,320
evidence tonight that reinforces that

285
00:12:07,320 --> 00:12:09,240
point there was no evidence that a

286
00:12:09,240 --> 00:12:12,000
moratorium was being publicly discussed

287
00:12:12,000 --> 00:12:15,959
prior to the Roden reels applications so

288
00:12:15,959 --> 00:12:17,800
and you can you will see that there's

289
00:12:17,800 --> 00:12:20,120
information in the minutes that make it

290
00:12:20,120 --> 00:12:21,880
clear that they were directly targeting

291
00:12:21,880 --> 00:12:27,430
the particular

292
00:12:27,440 --> 00:12:30,519
property one small small but important

293
00:12:30,519 --> 00:12:34,959
point is is that Mr jaak's email of

294
00:12:34,959 --> 00:12:37,399
February 5th gives notice of what would

295
00:12:37,399 --> 00:12:40,199
be the correct manner of implementing a

296
00:12:40,199 --> 00:12:42,040
moratorium if the Town Council decided

297
00:12:42,040 --> 00:12:44,160
to implement one which would be through

298
00:12:44,160 --> 00:12:47,069
an

299
00:12:47,079 --> 00:12:52,389
ordinance so now I'm going to

300
00:12:52,399 --> 00:12:57,829
submit which I believe Sharon is exhibit

301
00:12:57,839 --> 00:13:00,320
11

302
00:13:00,320 --> 00:13:02,639
F Mr chair you know it's one thing is I

303
00:13:02,639 --> 00:13:06,000
think Mr uh Blitz did give a brief uh

304
00:13:06,000 --> 00:13:08,279
summary as he what he found to be the

305
00:13:08,279 --> 00:13:10,680
history and background here can I have a

306
00:13:10,680 --> 00:13:13,320
few minutes to say well the places that

307
00:13:13,320 --> 00:13:16,959
he either incorrectly stated as to what

308
00:13:16,959 --> 00:13:19,399
this history and why are we here or

309
00:13:19,399 --> 00:13:22,160
would he did not state as to the reasons

310
00:13:22,160 --> 00:13:24,279
why we here based of the other testimony

311
00:13:24,279 --> 00:13:26,279
uh not right now uh you're welcome to

312
00:13:26,279 --> 00:13:29,320
object but the uh presentation has wide

313
00:13:29,320 --> 00:13:31,279
latitude to give uh their version of

314
00:13:31,279 --> 00:13:34,399
testimony right now you are uh granted

315
00:13:34,399 --> 00:13:36,120
time after he is finished thank

316
00:13:36,120 --> 00:13:37,880
[Music]

317
00:13:37,880 --> 00:13:41,720
you so exhibit

318
00:13:41,720 --> 00:13:44,120
11 is the public

319
00:13:44,120 --> 00:13:47,079
notice of the meeting of the commission

320
00:13:47,079 --> 00:13:48,360
on February

321
00:13:48,360 --> 00:13:50,600
24th as you can see it was published on

322
00:13:50,600 --> 00:13:53,680
February 5th and 19th according to the

323
00:13:53,680 --> 00:13:55,440
schedule at the bottom of

324
00:13:55,440 --> 00:13:58,959
2021 and what I want you to focus on is

325
00:13:58,959 --> 00:14:01,040
a couple things in that

326
00:14:01,040 --> 00:14:03,079
notice they made clear that the

327
00:14:03,079 --> 00:14:06,120
moratorium was going to be

328
00:14:06,120 --> 00:14:09,680
temporary they proposed in this notice a

329
00:14:09,680 --> 00:14:12,079
nine-month

330
00:14:12,079 --> 00:14:14,320
moratorium that the moratorium was to

331
00:14:14,320 --> 00:14:16,040
make distinctions between which

332
00:14:16,040 --> 00:14:18,800
developments would be impacted in this

333
00:14:18,800 --> 00:14:21,440
case in this notice it said those

334
00:14:21,440 --> 00:14:23,800
proposing four or fewer dwelling units

335
00:14:23,800 --> 00:14:25,600
would not be

336
00:14:25,600 --> 00:14:29,399
impacted and it was also clear from this

337
00:14:29,399 --> 00:14:32,000
notice that the moratorium was to allow

338
00:14:32,000 --> 00:14:34,320
the completion of the comprehensive plan

339
00:14:34,320 --> 00:14:36,759
and the implementing

340
00:14:36,759 --> 00:14:39,360
ordinances as we go forward I'm going to

341
00:14:39,360 --> 00:14:41,959
be reinforcing that point a lot because

342
00:14:41,959 --> 00:14:45,639
when we get to the end you'll see why it

343
00:14:45,639 --> 00:14:48,320
matters so the recommendation for the

344
00:14:48,320 --> 00:14:50,440
moratorium came from the

345
00:14:50,440 --> 00:14:52,440
commission and was made to the mayor in

346
00:14:52,440 --> 00:14:53,399
Town

347
00:14:53,399 --> 00:14:56,600
Council and the commission only has the

348
00:14:56,600 --> 00:15:00,600
authority to propose such laws to the Town Council that affect zoning and

349
00:15:00,600 --> 00:15:03,079
the subdivision powers of the town which

350
00:15:03,079 --> 00:15:05,199
are then passed through the Town Council

351
00:15:05,199 --> 00:15:15,310
through

352
00:15:15,320 --> 00:15:19,710
ordinances next I would like to

353
00:15:19,720 --> 00:15:22,399
submit the

354
00:15:22,399 --> 00:15:26,199
agenda for February 24th 2021 meeting of

355
00:15:26,199 --> 00:15:28,040
the Planning and Zoning commission which

356
00:15:28,040 --> 00:15:39,110
would be exhibit

357
00:15:39,120 --> 00:15:42,040
12

358
00:15:42,040 --> 00:15:45,839
and the board should recognize that um

359
00:15:45,839 --> 00:15:48,000
on the subsequent Pages after the

360
00:15:48,000 --> 00:15:50,920
minutes that it includes the formal

361
00:15:50,920 --> 00:15:53,759
resolution proposed at that time at the

362
00:15:53,759 --> 00:15:56,480
time of the agenda of what the

363
00:15:56,480 --> 00:15:58,360
moratorium resolution would be so it's

364
00:15:58,360 --> 00:16:01,199
got in your binder you've got a copy of

365
00:16:01,199 --> 00:16:04,040
this um and so it's got the resolution

366
00:16:04,040 --> 00:16:05,639
and and the reason I'm pointing that out

367
00:16:05,639 --> 00:16:08,079
is the subsequent minutes don't have a

368
00:16:08,079 --> 00:16:09,880
final copy of the resolution so the only

369
00:16:09,880 --> 00:16:11,639
way you're going to know it what the

370
00:16:11,639 --> 00:16:13,360
final version of the resolution by the

371
00:16:13,360 --> 00:16:16,399
commission was is to look at what they

372
00:16:16,399 --> 00:16:18,199
introduced and then the minutes of what

373
00:16:18,199 --> 00:16:20,800
they say they changed just for just for

374
00:16:20,800 --> 00:16:22,759
my clarification are these documents

375
00:16:22,759 --> 00:16:24,759
being offered into evidence or they just

376
00:16:24,759 --> 00:16:26,920
being presented okay then I'm going to

377
00:16:26,920 --> 00:16:37,189
be objecting to both of those pleas

378
00:16:37,199 --> 00:16:40,389
introduce

379
00:16:40,399 --> 00:16:44,509
over okay

380
00:16:44,519 --> 00:16:47,160
so so you can see on this exhibit that

381
00:16:47,160 --> 00:16:49,959
the agenda attached um has that full

382
00:16:49,959 --> 00:16:52,279
resolution and there are a few key

383
00:16:52,279 --> 00:16:53,360
points that I want to bring your

384
00:16:53,360 --> 00:16:55,800
attention to with respect to this

385
00:16:55,800 --> 00:16:59,440
exhibit as introduced the most motion

386
00:16:59,440 --> 00:17:01,800
was to ask the Town Council for an

387
00:17:01,800 --> 00:17:04,240
ordinance to impose a moratorium that

388
00:17:04,240 --> 00:17:07,000
would end at the earlier of either the

389
00:17:07,000 --> 00:17:08,720
town council's adoption of the new

390
00:17:08,720 --> 00:17:11,400
comprehensive plan and the implementing

391
00:17:11,400 --> 00:17:13,640
ordinances most notably amendments to

392
00:17:13,640 --> 00:17:16,360
the zoning ordinance and zoning map or

393
00:17:16,360 --> 00:17:18,439
the expiration of 12 months from the

394
00:17:18,439 --> 00:17:21,480
date the moratorium becomes effective so

395
00:17:21,480 --> 00:17:24,160
was an alternate one could happen faster

396
00:17:24,160 --> 00:17:26,400
if they completed the thing but at a at

397
00:17:26,400 --> 00:17:29,559
a maximum it was to last 12 12

398
00:17:29,559 --> 00:17:32,200
months the motion itself indicates that

399
00:17:32,200 --> 00:17:33,799
the moratorium would be

400
00:17:33,799 --> 00:17:35,720
temporary and

401
00:17:35,720 --> 00:17:37,960
proposed that it would have a defined

402
00:17:37,960 --> 00:17:41,400
dur duration to be limited to that 12

403
00:17:41,400 --> 00:17:43,960
months now there's really no explanation

404
00:17:43,960 --> 00:17:47,200
at the hearing or in the minutes of why

405
00:17:47,200 --> 00:17:49,320
their legal notice said the proposal was

406
00:17:49,320 --> 00:17:51,160
for nine months but when it came to do

407
00:17:51,160 --> 00:17:53,240
it was 12 months I don't think it really

408
00:17:53,240 --> 00:17:55,159
matters but I'm just saying that there's

409
00:17:55,159 --> 00:17:57,720
no real explanation for why when they

410
00:17:57,720 --> 00:17:59,640
proposed it at the the commission level

411
00:17:59,640 --> 00:18:01,559
it was different than the legal

412
00:18:01,559 --> 00:18:09,630
notice

413
00:18:09,640 --> 00:18:12,400
um so I'm directing your attention to

414
00:18:12,400 --> 00:18:15,000
the fourth and fifth whereas Clauses in

415
00:18:15,000 --> 00:18:17,520
this because it recites the commission's

416
00:18:17,520 --> 00:18:19,159
purposes and the reasons for passing

417
00:18:19,159 --> 00:18:21,080
their resolution which is remember is a

418
00:18:21,080 --> 00:18:22,679
recommendation to the Town

419
00:18:22,679 --> 00:18:24,799
Council the commission is identifying

420
00:18:24,799 --> 00:18:27,000
the rod and reel's applications and

421
00:18:27,000 --> 00:18:28,880
using the two rationals provided by the

422
00:18:28,880 --> 00:18:30,720
zoning administrator which is in your

423
00:18:30,720 --> 00:18:34,360
exhibit 7 which was the February 5th

424
00:18:34,360 --> 00:18:37,039
2021

425
00:18:37,039 --> 00:18:40,320
email it makes it clear that the purp

426
00:18:40,320 --> 00:18:43,000
and I can appreciate you know and and as

427
00:18:43,000 --> 00:18:45,880
Mr BS knows whereas Clauses are not part

428
00:18:45,880 --> 00:18:48,000
of the resolution they are introductory

429
00:18:48,000 --> 00:18:50,320
Clauses they are not meant to be part of

430
00:18:50,320 --> 00:18:52,159
the testimony they are not meant to be

431
00:18:52,159 --> 00:18:54,559
part of the resolution and so they

432
00:18:54,559 --> 00:18:56,679
really are nothing but introductory and

433
00:18:56,679 --> 00:18:58,000
they're really irrelevant but I can

434
00:18:58,000 --> 00:19:00,559
appreciate apprciate the fact that of

435
00:19:00,559 --> 00:19:02,240
what's you know trying to be asserted

436
00:19:02,240 --> 00:19:04,640
here but uh you know I can appreciate

437
00:19:04,640 --> 00:19:06,520
what Mr Blitz is trying to do here but

438
00:19:06,520 --> 00:19:08,440
you know at the same time you know

439
00:19:08,440 --> 00:19:10,799
whereare Clauses simply are not part of

440
00:19:10,799 --> 00:19:12,880
the document

441
00:19:12,880 --> 00:19:16,880
itself is that an objection yes okay um

442
00:19:16,880 --> 00:19:19,679
overruled it's entirely fine to be

443
00:19:19,679 --> 00:19:20,880
admitted into evidence it has been

444
00:19:20,880 --> 00:19:23,200
admitted into evidence please

445
00:19:23,200 --> 00:19:26,480
continue and it's important for me to

446
00:19:26,480 --> 00:19:28,840
just let you all know

447
00:19:28,840 --> 00:19:31,480
that the resolution itself at the end

448
00:19:31,480 --> 00:19:33,880
adopts the wew Clauses as being

449
00:19:33,880 --> 00:19:38,390
incorporated as part of the

450
00:19:38,400 --> 00:19:44,190
resolution

451
00:19:44,200 --> 00:19:46,559
um so it made it clear that the purpose

452
00:19:46,559 --> 00:19:48,840
of the moratorium was to Halt the rod

453
00:19:48,840 --> 00:19:51,039
and re applications so that they could

454
00:19:51,039 --> 00:19:52,520
complete their work on the comprehens of

455
00:19:52,520 --> 00:19:56,390
plan in implementing

456
00:19:56,400 --> 00:19:58,520
ordinances the draft resolution ution

457
00:19:58,520 --> 00:20:00,080
being proposed recognized another

458
00:20:00,080 --> 00:20:01,840
important legal proposition which I'm

459
00:20:01,840 --> 00:20:06,750
going to explain

460
00:20:06,760 --> 00:20:10,520
now in the fourth paragraph of the the

461
00:20:10,520 --> 00:20:11,960
whereas

462
00:20:11,960 --> 00:20:13,760
Clause it

463
00:20:13,760 --> 00:20:16,039
reads whereas adoption of zoning

464
00:20:16,039 --> 00:20:18,120
ordinances plan development ordinances

465
00:20:18,120 --> 00:20:19,919
and regulation subdivision ordinances

466
00:20:19,919 --> 00:20:22,360
and regulations and other land use organ

467
00:20:22,360 --> 00:20:24,039
ordinances and

468
00:20:24,039 --> 00:20:26,200
regulations excuse me shall be

469
00:20:26,200 --> 00:20:28,240
consistent with the comprehensive plan

470
00:20:28,240 --> 00:20:30,720
and that's basically quoting from a

471
00:20:30,720 --> 00:20:33,799
statutory provision of Maryland

472
00:20:33,799 --> 00:20:36,760
law which is section

473
00:20:36,760 --> 00:20:38,880
3-3 I'm pointing that out because that's

474
00:20:38,880 --> 00:20:40,720
an accurate representation of what is

475
00:20:40,720 --> 00:20:42,840
referred to as the consistency

476
00:20:42,840 --> 00:20:45,559
requirement and that's that the town's

477
00:20:45,559 --> 00:20:47,919
or zoning ordinances must be consistent

478
00:20:47,919 --> 00:20:49,840
with the comprehensive

479
00:20:49,840 --> 00:20:52,240
plan it makes all those zoning

480
00:20:52,240 --> 00:20:54,679
ordinances dependent upon having a valid

481
00:20:54,679 --> 00:20:57,120
and some would say internally consistent

482
00:20:57,120 --> 00:20:59,360
non-ambiguous and understandable

483
00:20:59,360 --> 00:21:01,760
comprehensive Plan before imposing the

484
00:21:01,760 --> 00:21:04,520
zoning ordinance limitations on property

485
00:21:04,520 --> 00:21:06,640
rights um there used to be a legal

486
00:21:06,640 --> 00:21:08,440
question about whether a comprehensive

487
00:21:08,440 --> 00:21:11,320
plan was more of a planning document or

488
00:21:11,320 --> 00:21:14,080
more like a law required but kind of

489
00:21:14,080 --> 00:21:15,880
itself not separately

490
00:21:15,880 --> 00:21:18,559
enforceable and and it comes up in your

491
00:21:18,559 --> 00:21:21,520
special exception cases um that the

492
00:21:21,520 --> 00:21:24,440
board can hear in 2008 the Maryland

493
00:21:24,440 --> 00:21:26,200
court of appeals now called the Maryland

494
00:21:26,200 --> 00:21:29,120
Supreme Court found that a compr ensive

495
00:21:29,120 --> 00:21:32,240
plan was not

496
00:21:32,240 --> 00:21:35,000
binding in a special exception case in

497
00:21:35,000 --> 00:21:36,880
the context of a somewhat it's a

498
00:21:36,880 --> 00:21:38,640
somewhat famous car case in Maryland

499
00:21:38,640 --> 00:21:43,520
called terp and run um for the purpose

500
00:21:43,520 --> 00:21:45,480
of Mr susman I'm sure he probably knows

501
00:21:45,480 --> 00:21:47,960
it but it's 403 Maryland

502
00:21:47,960 --> 00:21:51,960
574 um the legislative reaction to that

503
00:21:51,960 --> 00:21:57,200
case was quick and immediate um what

504
00:21:57,200 --> 00:21:59,640
they did was change the law so that the

505
00:21:59,640 --> 00:22:03,080
comprehensive plan was a uh had the

506
00:22:03,080 --> 00:22:05,400
legal status of a

507
00:22:05,400 --> 00:22:08,440
law um the reason that's important in

508
00:22:08,440 --> 00:22:10,799
this case is

509
00:22:10,799 --> 00:22:13,080
twofold because zoning ordinances must

510
00:22:13,080 --> 00:22:14,640
be consistent with the comprehensive

511
00:22:14,640 --> 00:22:16,760
plan as they are dependent on the plan

512
00:22:16,760 --> 00:22:19,679
for validity the only way any Town

513
00:22:19,679 --> 00:22:21,679
zoning laws that are applicable to a

514
00:22:21,679 --> 00:22:23,559
property in town including the rod and

515
00:22:23,559 --> 00:22:25,159
reels five

516
00:22:25,159 --> 00:22:28,640
properties um for site plan review is

517
00:22:28,640 --> 00:22:30,840
the amendments to the comprehensive plan

518
00:22:30,840 --> 00:22:33,279
that were be cons were being considered

519
00:22:33,279 --> 00:22:35,720
by the Commission in

520
00:22:35,720 --> 00:22:39,760
2021 to be adopted in or to be

521
00:22:39,760 --> 00:22:41,120
implemented in what are known as

522
00:22:41,120 --> 00:22:42,200
implementing

523
00:22:42,200 --> 00:22:47,230
ordinances

524
00:22:47,240 --> 00:22:50,400
um and so it's important to recognize

525
00:22:50,400 --> 00:22:53,080
that they had to do both they recognize

526
00:22:53,080 --> 00:22:56,480
it in their recommendation to the Town

527
00:22:56,480 --> 00:22:59,440
Council um and that they had to do it

528
00:22:59,440 --> 00:23:01,600
within 12

529
00:23:01,600 --> 00:23:04,360
months the other reason that it's

530
00:23:04,360 --> 00:23:07,080
important in this case that you

531
00:23:07,080 --> 00:23:09,600
recognize that a comprehensive plan has

532
00:23:09,600 --> 00:23:12,200
the status of a

533
00:23:12,200 --> 00:23:14,919
law is that it must be prepared and

534
00:23:14,919 --> 00:23:17,200
adopted according to the town Charter

535
00:23:17,200 --> 00:23:18,600
the Maryland zoning law and the

536
00:23:18,600 --> 00:23:20,200
procedural requirements of the zoning

537
00:23:20,200 --> 00:23:22,559
code which would include the requirement

538
00:23:22,559 --> 00:23:24,480
that the update be adopted at least

539
00:23:24,480 --> 00:23:26,960
every six years but also that any change

540
00:23:26,960 --> 00:23:28,880
to the legal requirement ments for

541
00:23:28,880 --> 00:23:30,600
processing site plans under the zoning

542
00:23:30,600 --> 00:23:32,600
ordinance has to be adopted by

543
00:23:32,600 --> 00:23:34,440
substantive

544
00:23:34,440 --> 00:23:36,679
legislation which requires passage of an

545
00:23:36,679 --> 00:23:40,390
ordinance and not merely a

546
00:23:40,400 --> 00:23:43,760
resolution the proposed resolution uh

547
00:23:43,760 --> 00:23:45,480
for the moratorium attached to the

548
00:23:45,480 --> 00:23:47,279
minutes also makes it clear that it was

549
00:23:47,279 --> 00:23:49,559
not all site plan reviews that were

550
00:23:49,559 --> 00:23:50,960
being prevented by the

551
00:23:50,960 --> 00:23:54,000
moratorium um it was only some of them

552
00:23:54,000 --> 00:23:55,960
in the motion itself in the agenda it

553
00:23:55,960 --> 00:23:57,600
accepts out certain properties and

554
00:23:57,600 --> 00:23:59,440
develop Vel mment activities that are of

555
00:23:59,440 --> 00:24:01,640
record and they they cite the

556
00:24:01,640 --> 00:24:05,120
grandfathering Clauses of your town code

557
00:24:05,120 --> 00:24:07,720
in sections 2456 and

558
00:24:07,720 --> 00:24:11,320
2457 as well as minor reviews for the

559
00:24:11,320 --> 00:24:14,039
applicabil excluding minor reviews from

560
00:24:14,039 --> 00:24:16,039
the applicability of the

561
00:24:16,039 --> 00:24:18,799
moratorium this is important because it

562
00:24:18,799 --> 00:24:20,760
introduces a legal distinction in the

563
00:24:20,760 --> 00:24:22,840
availability of site plans for property

564
00:24:22,840 --> 00:24:25,399
owners that is not made by the existing

565
00:24:25,399 --> 00:24:26,799
zoning

566
00:24:26,799 --> 00:24:29,600
ordinance which requires review of all

567
00:24:29,600 --> 00:24:32,600
submitted applications remember we went

568
00:24:32,600 --> 00:24:36,000
over the command language of the site

569
00:24:36,000 --> 00:24:39,480
plan in your zoning code to make that

570
00:24:39,480 --> 00:24:41,760
cont that distinction in the context of

571
00:24:41,760 --> 00:24:44,799
zoning the substantive law is being

572
00:24:44,799 --> 00:24:47,679
changed and therefore it is a law of

573
00:24:47,679 --> 00:24:49,840
general applicability and

574
00:24:49,840 --> 00:24:52,720
effect which we're going to demonstrate

575
00:24:52,720 --> 00:24:56,760
tonight that requires the passage of an

576
00:24:56,760 --> 00:24:59,990
ordinance

577
00:25:00,000 --> 00:25:02,440
so now I'm going to submit exhibit

578
00:25:02,440 --> 00:25:04,480
13 which

579
00:25:04,480 --> 00:25:07,919
is February 12th

580
00:25:07,919 --> 00:25:10,840
2021 report to the mayor and Town

581
00:25:10,840 --> 00:25:13,200
Council from Larry Brown who was the

582
00:25:13,200 --> 00:25:26,669
chairman of the Planning and Zoning

583
00:25:26,679 --> 00:25:29,360
Commission

584
00:25:29,360 --> 00:25:30,960
and just procedurally I'll be objecting

585
00:25:30,960 --> 00:25:45,750
to that also

586
00:25:45,760 --> 00:25:47,880
please apologize Mr pounds can you say

587
00:25:47,880 --> 00:25:49,360
that one more time be objecting to that

588
00:25:49,360 --> 00:25:56,669
document also thank you

589
00:25:56,679 --> 00:26:02,789
over

590
00:26:02,799 --> 00:26:04,840
so on page two of that report in the

591
00:26:04,840 --> 00:26:07,039
second to last paragraph uh what I'm

592
00:26:07,039 --> 00:26:08,360
pointing out is that the commission is

593
00:26:08,360 --> 00:26:10,159
going to consider the moratorium at its

594
00:26:10,159 --> 00:26:13,039
upcoming F February meeting so this is a

595
00:26:13,039 --> 00:26:15,880
report prior to the resolution and the

596
00:26:15,880 --> 00:26:17,480
meeting of the Planning and Zoning

597
00:26:17,480 --> 00:26:19,480
commission to the Town Council the

598
00:26:19,480 --> 00:26:22,240
Chairman's reporting on this page two

599
00:26:22,240 --> 00:26:23,399
the commission is going to consider a

600
00:26:23,399 --> 00:26:25,159
moratorium at its upcoming February

601
00:26:25,159 --> 00:26:28,399
meeting that it would be temporary

602
00:26:28,399 --> 00:26:31,960
says it right there um to end when the

603
00:26:31,960 --> 00:26:33,320
work on the comprehensive plan was

604
00:26:33,320 --> 00:26:35,080
finished or the expiration of 12 months

605
00:26:35,080 --> 00:26:36,600
whichever occurs

606
00:26:36,600 --> 00:26:44,750
first and it also reinforces the

607
00:26:44,760 --> 00:26:47,200
point that they're directing this

608
00:26:47,200 --> 00:26:48,640
towards the five site plans that had

609
00:26:48,640 --> 00:26:51,840
been filed by the Roden

610
00:26:51,840 --> 00:26:54,799
reel now as part of the testimony on

611
00:26:54,799 --> 00:26:57,080
that subject before the commission I

612
00:26:57,080 --> 00:26:58,919
submitted a detailed letter to the

613
00:26:58,919 --> 00:27:01,320
Planning and Zoning commission was made

614
00:27:01,320 --> 00:27:05,149
a part of their

615
00:27:05,159 --> 00:27:07,840
record on behalf of the rod and reel

616
00:27:07,840 --> 00:27:10,480
which I'll offer is exhibit 14 that's my

617
00:27:10,480 --> 00:27:13,600
letter dated February 23rd

618
00:27:13,600 --> 00:27:19,230
2021

619
00:27:19,240 --> 00:27:21,880
which commission one day before there

620
00:27:21,880 --> 00:27:23,000
February

621
00:27:23,000 --> 00:27:26,520
24th hearing on the moratorium

622
00:27:26,520 --> 00:27:36,110
resolution

623
00:27:36,120 --> 00:27:38,520
so I'm not going to go over the details

624
00:27:38,520 --> 00:27:41,000
of it's such a long letter

625
00:27:41,000 --> 00:27:44,240
um I'm just going to get in some of the

626
00:27:44,240 --> 00:27:46,559
key points I recognize it's a relatively

627
00:27:46,559 --> 00:27:49,480
long letter while I encourage you to the

628
00:27:49,480 --> 00:27:52,120
board to read all over read this and all

629
00:27:52,120 --> 00:27:54,159
other evidence carefully when

630
00:27:54,159 --> 00:27:56,279
considering the case during your

631
00:27:56,279 --> 00:27:57,760
deliberations I think I think it's

632
00:27:57,760 --> 00:27:59,480
better in this context just for me to

633
00:27:59,480 --> 00:28:00,880
point out what I think is important

634
00:28:00,880 --> 00:28:02,640
relative to the narrative we're going

635
00:28:02,640 --> 00:28:05,960
through right now so in that letter I

636
00:28:05,960 --> 00:28:07,840
put forth my client's arguments to the

637
00:28:07,840 --> 00:28:09,559
commission against the

638
00:28:09,559 --> 00:28:11,840
moratorium I described how it was

639
00:28:11,840 --> 00:28:13,640
specifically targeting the Roden re 5

640
00:28:13,640 --> 00:28:15,919
site plans which had already been filed

641
00:28:15,919 --> 00:28:17,360
and at that time were required to be

642
00:28:17,360 --> 00:28:19,559
reviewed by that commission by March

643
00:28:19,559 --> 00:28:22,120
30th of 2021 that's in the first

644
00:28:22,120 --> 00:28:23,679
paragraph and the third paragraph on

645
00:28:23,679 --> 00:28:24,880
page

646
00:28:24,880 --> 00:28:27,799
two how it was unjust to my client to

647
00:28:27,799 --> 00:28:29,799
have because all five projects had not

648
00:28:29,799 --> 00:28:32,559
only been previously permitted in the

649
00:28:32,559 --> 00:28:34,880
past or had various stages of site plan

650
00:28:34,880 --> 00:28:38,039
approvals already these 2021 proposals

651
00:28:38,039 --> 00:28:39,880
were substantially the same including

652
00:28:39,880 --> 00:28:42,159
Harbor Vista South which had been

653
00:28:42,159 --> 00:28:45,000
approved by the commission as late as

654
00:28:45,000 --> 00:28:47,360
2016 that's in the last paragraph of

655
00:28:47,360 --> 00:28:50,039
Page Three and that the comprehensive

656
00:28:50,039 --> 00:28:52,120
plans of the town for its entire history

657
00:28:52,120 --> 00:28:54,919
with zoning since 1972 called for

658
00:28:54,919 --> 00:28:56,600
exactly these kind of developments on

659
00:28:56,600 --> 00:28:58,480
these properties those that's covered in

660
00:28:58,480 --> 00:29:00,679
Pages four through

661
00:29:00,679 --> 00:29:03,279
eight I described that the plan existing

662
00:29:03,279 --> 00:29:05,120
at the time in

663
00:29:05,120 --> 00:29:07,399
2021 and which the commission was

664
00:29:07,399 --> 00:29:09,559
seeking to amend through its update had

665
00:29:09,559 --> 00:29:12,799
literally recognized the pendency of the

666
00:29:12,799 --> 00:29:14,960
anticipated development of these five

667
00:29:14,960 --> 00:29:16,799
site plans they were called for in the

668
00:29:16,799 --> 00:29:18,440
prior comprehensive plan they're

669
00:29:18,440 --> 00:29:21,440
referred to as part of and part of their

670
00:29:21,440 --> 00:29:23,640
calculations and finally I listed all

671
00:29:23,640 --> 00:29:25,279
the site work and mitigation that had

672
00:29:25,279 --> 00:29:26,919
already been done on these projects

673
00:29:26,919 --> 00:29:29,039
under the previous permits and the

674
00:29:29,039 --> 00:29:31,320
detrimental Reliance of the rod and reel

675
00:29:31,320 --> 00:29:34,600
on all the past comprehensive

676
00:29:34,600 --> 00:29:37,919
plans so at the hearing before the

677
00:29:37,919 --> 00:29:39,679
commission they had notice of these

678
00:29:39,679 --> 00:29:41,399
problems as did the Town Council who was

679
00:29:41,399 --> 00:29:43,279
copied on that

680
00:29:43,279 --> 00:29:46,039
letter and they held their meeting on

681
00:29:46,039 --> 00:29:49,000
February 24th and I'll submit the

682
00:29:49,000 --> 00:29:51,720
minutes to reflect what

683
00:29:51,720 --> 00:29:53,919
occurred in that meeting so that's

684
00:29:53,919 --> 00:29:56,159
exhibit 15 which is the minutes of the

685
00:29:56,159 --> 00:30:00,760
February 20 for 2021 minutes of the

686
00:30:00,760 --> 00:30:04,470
planning

687
00:30:04,480 --> 00:30:15,750
Z continue objection Mr

688
00:30:15,760 --> 00:30:20,000
chair oh over couple points um that I'd

689
00:30:20,000 --> 00:30:26,230
like to make about these

690
00:30:26,240 --> 00:30:29,789
minutes

691
00:30:29,799 --> 00:30:32,720
so this is from the the relevant

692
00:30:32,720 --> 00:30:34,720
paragraph um chairman Brown introduced

693
00:30:34,720 --> 00:30:37,039
the motion for the moratorium saying

694
00:30:37,039 --> 00:30:38,279
they were recommending that the mayor

695
00:30:38,279 --> 00:30:39,880
and Town Council adopt a temporary

696
00:30:39,880 --> 00:30:42,320
moratorium so that the temporary part

697
00:30:42,320 --> 00:30:45,350
was

698
00:30:45,360 --> 00:30:47,760
reinforced now during the debate this is

699
00:30:47,760 --> 00:30:49,480
the part of the minutes that reflect the

700
00:30:49,480 --> 00:30:53,480
debate and the Motions on that

701
00:30:53,480 --> 00:30:55,480
resolution there was a motion by

702
00:30:55,480 --> 00:30:57,559
commissioner Evans to amend the

703
00:30:57,559 --> 00:30:59,440
resolution to reflect a 9-month

704
00:30:59,440 --> 00:31:02,840
moratorium instead of a 12month ex

705
00:31:02,840 --> 00:31:04,919
remember it's it's kind of the earlier

706
00:31:04,919 --> 00:31:07,000
of finishing the comprehensive plan and

707
00:31:07,000 --> 00:31:09,639
the zoning ordinances and his outer

708
00:31:09,639 --> 00:31:12,200
limit duration he was trying to move the

709
00:31:12,200 --> 00:31:14,559
outer limit duration to nine months that

710
00:31:14,559 --> 00:31:17,799
motion failed though um and that's

711
00:31:17,799 --> 00:31:19,320
relevant because the duration of the

712
00:31:19,320 --> 00:31:22,320
proposed moratorium was a matter of

713
00:31:22,320 --> 00:31:24,639
debate by the commission and as you will

714
00:31:24,639 --> 00:31:26,159
see by the Town

715
00:31:26,159 --> 00:31:29,549
Council

716
00:31:29,559 --> 00:31:31,639
so it establishes that the moratorium as

717
00:31:31,639 --> 00:31:33,200
proposed to the Planning and Zoning

718
00:31:33,200 --> 00:31:35,799
commission was for an established

719
00:31:35,799 --> 00:31:40,190
duration it was not of an indefinite

720
00:31:40,200 --> 00:31:42,159
duration now that resolution was

721
00:31:42,159 --> 00:31:45,880
eventually adopted as proposed by the

722
00:31:45,880 --> 00:31:48,880
commission uh it had the um it had a

723
00:31:48,880 --> 00:31:53,159
couple of adjustments um to whereas

724
00:31:53,159 --> 00:31:55,840
Clauses um that you can find in the

725
00:31:55,840 --> 00:31:57,399
minutes they're not relevant to our case

726
00:31:57,399 --> 00:31:59,679
but I just wanted to let you know that

727
00:31:59,679 --> 00:32:07,909
there was those kind of changes made

728
00:32:07,919 --> 00:32:11,080
um there's there's another change that's

729
00:32:11,080 --> 00:32:14,480
made through the proposal which were a

730
00:32:14,480 --> 00:32:16,240
little bit at variance with what was

731
00:32:16,240 --> 00:32:17,760
originally published as notice and

732
00:32:17,760 --> 00:32:19,440
described by chairman Brown in his

733
00:32:19,440 --> 00:32:21,639
report and that's the scope of which

734
00:32:21,639 --> 00:32:22,840
properties would be

735
00:32:22,840 --> 00:32:24,840
affected it was amended during the

736
00:32:24,840 --> 00:32:27,320
debate on the resolution uh Commission

737
00:32:27,320 --> 00:32:29,880
green gold mooved to exempt any project

738
00:32:29,880 --> 00:32:31,760
currently in the development approval

739
00:32:31,760 --> 00:32:34,000
system which has received development

740
00:32:34,000 --> 00:32:36,200
plan or plat approval for the commission

741
00:32:36,200 --> 00:32:37,279
from the

742
00:32:37,279 --> 00:32:41,360
commission um you know this was made as

743
00:32:41,360 --> 00:32:43,320
a from a request of Mike repy for

744
00:32:43,320 --> 00:32:46,080
Richfield station um and that amendment

745
00:32:46,080 --> 00:32:47,600
was

746
00:32:47,600 --> 00:32:50,039
approved the reason I point that out is

747
00:32:50,039 --> 00:32:52,760
it demonstrates the differential

748
00:32:52,760 --> 00:32:55,120
treatment of site plan

749
00:32:55,120 --> 00:32:58,000
review and that's a substan of change to

750
00:32:58,000 --> 00:33:01,039
the effect of the town's zoning laws

751
00:33:01,039 --> 00:33:03,679
which would require an ordinance to

752
00:33:03,679 --> 00:33:08,200
pass so at the end of the hearing the proposed resolution of the Planning

753
00:33:08,200 --> 00:33:09,919
and Zoning commission passed on a vote

754
00:33:09,919 --> 00:33:21,830
of 4 to

755
00:33:21,840 --> 00:33:25,960
one I'd like to offer

756
00:33:25,960 --> 00:33:28,480
three documents at once and then I'll go

757
00:33:28,480 --> 00:33:32,600
over their import or actually Four it's

758
00:33:32,600 --> 00:33:34,919
exhibits 16 through

759
00:33:34,919 --> 00:33:37,039
19 and let me read them off what they

760
00:33:37,039 --> 00:33:39,840
are for the record um 16 would be the

761
00:33:39,840 --> 00:33:40,919
minutes of the Town Council

762
00:33:40,919 --> 00:33:44,639
informational work session of March 8

763
00:33:44,639 --> 00:33:50,559
2021 17 would be a um press release by

764
00:33:50,559 --> 00:33:52,840
issued by the town U by Holly wall the

765
00:33:52,840 --> 00:33:53,919
Town

766
00:33:53,919 --> 00:33:55,960
Administrator

767
00:33:55,960 --> 00:34:00,789
um

768
00:34:00,799 --> 00:34:04,600
the 18 would be a report um from Holly

769
00:34:04,600 --> 00:34:07,039
wall to the town mayor and Town Council

770
00:34:07,039 --> 00:34:10,040
on the moratorium dated March 11th

771
00:34:10,040 --> 00:34:14,359
2021 and 19 would be the town's meeting

772
00:34:14,359 --> 00:34:21,599
agenda for March 18th 2021 so was 17 17

773
00:34:21,599 --> 00:34:25,879
was a press release issued by the

774
00:34:25,879 --> 00:34:28,240
town

775
00:34:28,240 --> 00:34:32,389
on the

776
00:34:32,399 --> 00:34:35,520
moratorium dated March 11

777
00:34:35,520 --> 00:34:39,240
2021 so that would be 16 17 18 and

778
00:34:39,240 --> 00:34:49,470
19 and we do object to all of them

779
00:34:49,480 --> 00:34:53,270
over

780
00:34:53,280 --> 00:34:57,200
18 okay I I uh hand it to just handed

781
00:34:57,200 --> 00:35:01,480
over to us uh 18 is the um memorandum

782
00:35:01,480 --> 00:35:03,760
from Holly wall to the mayor and Town

783
00:35:03,760 --> 00:35:05,520
Council about the moratorium that's

784
00:35:05,520 --> 00:35:08,040
dated March 11th

785
00:35:08,040 --> 00:35:11,720
2021 and 19 is the uh town meeting

786
00:35:11,720 --> 00:35:19,630
agenda for March 18

787
00:35:19,640 --> 00:35:25,790
2021 thank

788
00:35:25,800 --> 00:35:53,390
you

789
00:35:53,400 --> 00:35:58,160
okay so exhibit 16 um like to point out

790
00:35:58,160 --> 00:35:59,599
again

791
00:35:59,599 --> 00:36:01,400
reinforcing they said it would be a

792
00:36:01,400 --> 00:36:03,200
temporary 12month

793
00:36:03,200 --> 00:36:06,200
moratorium applying only to category one

794
00:36:06,200 --> 00:36:09,200
projects category one site

795
00:36:09,200 --> 00:36:13,960
plans what's interesting about this is the first instance where there's

796
00:36:13,960 --> 00:36:16,760
a formal distinction between category

797
00:36:16,760 --> 00:36:19,720
one and category two site plans um as it

798
00:36:19,720 --> 00:36:21,839
was introduced because the commission's

799
00:36:21,839 --> 00:36:23,760
motion and resolution to the Town

800
00:36:23,760 --> 00:36:26,760
Council didn't use the that distinction

801
00:36:26,760 --> 00:36:29,079
so this is a resolution being offered to

802
00:36:29,079 --> 00:36:33,000
the Town Council um a slight variance to

803
00:36:33,000 --> 00:36:34,760
what the commission offered but it's

804
00:36:34,760 --> 00:36:36,200
doing essentially the same thing it's

805
00:36:36,200 --> 00:36:38,200
making the distinction based upon site

806
00:36:38,200 --> 00:36:42,270
plan uh

807
00:36:42,280 --> 00:36:46,630
categories

808
00:36:46,640 --> 00:36:50,640
um exhibit 17 was the press release

809
00:36:50,640 --> 00:36:53,119
again I'm reinforcing that at that time

810
00:36:53,119 --> 00:36:54,680
it was made clear there would be a

811
00:36:54,680 --> 00:36:58,359
temporary pause category one and two I

812
00:36:58,359 --> 00:37:00,960
mean category one um site plans with a

813
00:37:00,960 --> 00:37:09,309
one-year

814
00:37:09,319 --> 00:37:12,640
moratorium exhibit 18

815
00:37:12,640 --> 00:37:15,359
uh the report to the town by the Town

816
00:37:15,359 --> 00:37:18,480
Administrator to the um Town Council

817
00:37:18,480 --> 00:37:20,480
mayor and Town Council was virtually

818
00:37:20,480 --> 00:37:22,119
identical to the press release it was

819
00:37:22,119 --> 00:37:25,040
done on the same day um it too

820
00:37:25,040 --> 00:37:27,119
reinforces the Mortor was to be

821
00:37:27,119 --> 00:37:29,720
temporary and of one-ear duration but

822
00:37:29,720 --> 00:37:31,359
includes the recommendation of the Town

823
00:37:31,359 --> 00:37:33,119
Administrator to pass the moratorium as

824
00:37:33,119 --> 00:37:36,160
a resolution not as an ordinance as

825
00:37:36,160 --> 00:37:42,190
recommended by the Planning and Zoning

826
00:37:42,200 --> 00:37:45,440
commission and then we've got the agenda

827
00:37:45,440 --> 00:37:47,760
the applicable part part of the agenda

828
00:37:47,760 --> 00:37:51,359
of the Town Council of March 18th

829
00:37:51,359 --> 00:37:54,079
20121 which I offer to show you that the

830
00:37:54,079 --> 00:37:55,640
agenda called for the Town Council to

831
00:37:55,640 --> 00:37:57,880
consider and vote vote on a moratorium

832
00:37:57,880 --> 00:38:02,270
as a resolution it would be resolution r

833
00:38:02,280 --> 00:38:04,880
21-3 as a resolution on category one

834
00:38:04,880 --> 00:38:05,800
site

835
00:38:05,800 --> 00:38:09,079
development that's on page two of those

836
00:38:09,079 --> 00:38:11,160
that

837
00:38:11,160 --> 00:38:13,720
agenda now we get to the issue of why

838
00:38:13,720 --> 00:38:16,920
the moratorium was void from the outset

839
00:38:16,920 --> 00:38:18,599
and therefore the first reason that the

840
00:38:18,599 --> 00:38:20,920
subsequent failure of the zoning

841
00:38:20,920 --> 00:38:21,920
administrator and the Planning and

842
00:38:21,920 --> 00:38:24,920
Zoning commission to follow the required

843
00:38:24,920 --> 00:38:27,200
process and do the site planning reviews

844
00:38:27,200 --> 00:38:30,880
was an error under the zoning

845
00:38:30,880 --> 00:38:34,000
ordinance um so what I need to

846
00:38:34,000 --> 00:38:35,880
demonstrate to you is the important

847
00:38:35,880 --> 00:38:38,560
legal reasons why passing a moratorium

848
00:38:38,560 --> 00:38:40,000
through a resolution instead of an

849
00:38:40,000 --> 00:38:42,640
ordinance of the Town Council is not

850
00:38:42,640 --> 00:38:45,200
valid um and you could you should

851
00:38:45,200 --> 00:38:47,280
consider what is procedurally different

852
00:38:47,280 --> 00:38:48,960
in the adoption of the Town Council

853
00:38:48,960 --> 00:38:51,240
resolution and an ordinance because it's

854
00:38:51,240 --> 00:38:53,480
those procedural safe it's those

855
00:38:53,480 --> 00:38:56,119
procedural safeguards that are required

856
00:38:56,119 --> 00:39:02,230
for ordinances which were being sidest

857
00:39:02,240 --> 00:39:04,280
stepped remember that I established

858
00:39:04,280 --> 00:39:08,440
under the zoning ordinance section 29025

859
00:39:08,440 --> 00:39:10,760
a5c the requirement that slight plan

860
00:39:10,760 --> 00:39:12,520
must be reviewed within 60 days of the

861
00:39:12,520 --> 00:39:14,640
filing of the application and that meant

862
00:39:14,640 --> 00:39:15,880
the deadline for the commission's

863
00:39:15,880 --> 00:39:19,000
hearing on those site plans absent of

864
00:39:19,000 --> 00:39:23,880
moratorium um or absent a stipulation by

865
00:39:23,880 --> 00:39:25,880
the rod and reel which does happen

866
00:39:25,880 --> 00:39:27,920
sometimes applicants stipulate to a

867
00:39:27,920 --> 00:39:30,920
longer period if they wish but that

868
00:39:30,920 --> 00:39:34,790
deadline was March 30th of

869
00:39:34,800 --> 00:39:37,480
2021 under the town's Charter a

870
00:39:37,480 --> 00:39:39,319
resolution typically used to pass

871
00:39:39,319 --> 00:39:41,119
pronouncement of the council rather than

872
00:39:41,119 --> 00:39:44,119
laws can be effective immediately but an

873
00:39:44,119 --> 00:39:46,160
ordinance which must be used to pass

874
00:39:46,160 --> 00:39:48,119
substantive

875
00:39:48,119 --> 00:39:50,800
legislation what is called a under the

876
00:39:50,800 --> 00:39:53,720
law an action of general and continuing

877
00:39:53,720 --> 00:39:56,599
effect is typically introduced at a town

878
00:39:56,599 --> 00:39:59,040
at one town council meeting a public

879
00:39:59,040 --> 00:40:00,480
hearing is scheduled for the next

880
00:40:00,480 --> 00:40:02,480
month's meeting and a vote is taken at

881
00:40:02,480 --> 00:40:03,720
that next

882
00:40:03,720 --> 00:40:07,480
meeting using a typical practice for

883
00:40:07,480 --> 00:40:09,040
passing a law that applies to everyone

884
00:40:09,040 --> 00:40:11,079
and stays in effect until it

885
00:40:11,079 --> 00:40:14,240
sunsets as this 12-month period would

886
00:40:14,240 --> 00:40:16,599
have done the Town Council would not

887
00:40:16,599 --> 00:40:19,599
have acted in time for that deadline of

888
00:40:19,599 --> 00:40:21,720
the Planning and Zoning

889
00:40:21,720 --> 00:40:23,880
commission so when the agenda was

890
00:40:23,880 --> 00:40:26,400
published and I learned that the

891
00:40:26,400 --> 00:40:29,520
moratorium on the agenda was being

892
00:40:29,520 --> 00:40:31,319
proposed as a resolution and not the

893
00:40:31,319 --> 00:40:32,560
introduction of an

894
00:40:32,560 --> 00:40:35,040
ordinance I was shocked I I quickly sent

895
00:40:35,040 --> 00:40:36,560
a mayor to the mayor and Town Council

896
00:40:36,560 --> 00:40:38,440
complaining about the impropriety of

897
00:40:38,440 --> 00:40:40,040
using a resolution instead of an

898
00:40:40,040 --> 00:40:42,200
ordinance which was dated and sent on

899
00:40:42,200 --> 00:40:45,520
March 16 2021 via email two days before

900
00:40:45,520 --> 00:40:47,520
the town council meeting and I offer

901
00:40:47,520 --> 00:40:49,270
that as exhibit

902
00:40:49,270 --> 00:40:55,309
[Music]

903
00:40:55,319 --> 00:41:01,829
20

904
00:41:01,839 --> 00:41:15,270
again for the record objection

905
00:41:15,280 --> 00:41:18,160
over as you can see from the letter um I

906
00:41:18,160 --> 00:41:21,520
informed the mayor and Town Council

907
00:41:21,520 --> 00:41:24,520
of at least my opinion that the of the

908
00:41:24,520 --> 00:41:26,599
impropriety of passing a zoning more

909
00:41:26,599 --> 00:41:27,599
through a simple

910
00:41:27,599 --> 00:41:30,040
resolution and not abiding by the

911
00:41:30,040 --> 00:41:32,240
procedural requirements for an ordinance

912
00:41:32,240 --> 00:41:34,200
as required by the town

913
00:41:34,200 --> 00:41:36,480
Charter and I point that out because

914
00:41:36,480 --> 00:41:38,800
they had notice of the potential

915
00:41:38,800 --> 00:41:41,280
impropriety time to correct it but but

916
00:41:41,280 --> 00:41:43,950
did not do

917
00:41:43,960 --> 00:41:46,839
so because the zoning ordinance imposes

918
00:41:46,839 --> 00:41:49,400
a mandate on the zoning administrator

919
00:41:49,400 --> 00:41:51,319
and planning and zoning commission to

920
00:41:51,319 --> 00:41:54,160
process site plans through a specific

921
00:41:54,160 --> 00:41:55,240
ordinance

922
00:41:55,240 --> 00:41:58,079
section a moratorium has the effect of

923
00:41:58,079 --> 00:42:00,119
changing the impact of the legal

924
00:42:00,119 --> 00:42:03,119
requirement that has the force of law

925
00:42:03,119 --> 00:42:05,920
it's not merely an internal process such

926
00:42:05,920 --> 00:42:07,440
as appointing a member to the Planning

927
00:42:07,440 --> 00:42:10,040
and Zoning commission or to to your

928
00:42:10,040 --> 00:42:12,480
board it's not merely a sense of the

929
00:42:12,480 --> 00:42:14,960
Town Council like you would see in a

930
00:42:14,960 --> 00:42:18,599
resolution supporting a kids's choir or

931
00:42:18,599 --> 00:42:19,880
a fundraising

932
00:42:19,880 --> 00:42:22,880
drive it impacts the effectiveness of a

933
00:42:22,880 --> 00:42:27,040
town law equally important in this case

934
00:42:27,040 --> 00:42:29,800
is it changes the applicability of that

935
00:42:29,800 --> 00:42:32,079
zoning law it's making a distinction

936
00:42:32,079 --> 00:42:35,119
between who who the site plan

937
00:42:35,119 --> 00:42:37,960
requirement applies

938
00:42:37,960 --> 00:42:40,680
to in general a resolution is not used

939
00:42:40,680 --> 00:42:42,599
to pass law applying to everyone but

940
00:42:42,599 --> 00:42:44,720
merely a method by which the legislature

941
00:42:44,720 --> 00:42:47,280
expresses an opinion and while a

942
00:42:47,280 --> 00:42:50,079
resolution can direct internal processes

943
00:42:50,079 --> 00:42:52,480
of a town Administration or address

944
00:42:52,480 --> 00:42:55,160
temporary suspensions of

945
00:42:55,160 --> 00:42:58,079
processes a mandated zoning process is

946
00:42:58,079 --> 00:43:00,839
not an internal administrative process

947
00:43:00,839 --> 00:43:02,400
is something that the property owners

948
00:43:02,400 --> 00:43:04,520
have a legal entitlement to under the

949
00:43:04,520 --> 00:43:07,280
chess Beach zoning ordinance so long as

950
00:43:07,280 --> 00:43:09,240
the te town is regulating private

951
00:43:09,240 --> 00:43:10,960
property rights you'll remember how he

952
00:43:10,960 --> 00:43:13,800
started this whole presentation on

953
00:43:13,800 --> 00:43:15,319
understanding that zoning comes along

954
00:43:15,319 --> 00:43:17,599
and puts a burden on fundamental

955
00:43:17,599 --> 00:43:18,839
property

956
00:43:18,839 --> 00:43:22,400
rights so next I would like to offer

957
00:43:22,400 --> 00:43:25,119
exhibit 21 which is the resolution

958
00:43:25,119 --> 00:43:29,240
itself of the Town Council resolution R

959
00:43:29,240 --> 00:43:42,510
21-3 is exhibit

960
00:43:42,520 --> 00:43:46,400
21 so that's a copy of the resolution

961
00:43:46,400 --> 00:43:48,920
that was passed by the Town Council on

962
00:43:48,920 --> 00:43:52,470
March 18th

963
00:43:52,480 --> 00:43:56,520
2021 uh let me point out to those except

964
00:43:56,520 --> 00:43:59,640
for Mr Burch uh that have your exhibits

965
00:43:59,640 --> 00:44:04,160
I moved this resolution up to

966
00:44:04,160 --> 00:44:06,720
exhibits so it's actually two exhibits

967
00:44:06,720 --> 00:44:08,640
further in your package I just moved it

968
00:44:08,640 --> 00:44:10,359
up in

969
00:44:10,359 --> 00:44:19,150
time um but you've got it

970
00:44:19,160 --> 00:44:24,990
um so what I'd like to hand out

971
00:44:25,000 --> 00:44:34,510
now

972
00:44:34,520 --> 00:44:36,760
because you don't have it in your um

973
00:44:36,760 --> 00:44:40,200
white book and I'm I'm providing it now

974
00:44:40,200 --> 00:44:41,920
are sections

975
00:44:41,920 --> 00:44:46,720
c-39 310 and 311 of the Town

976
00:44:46,720 --> 00:44:50,800
Charter they are in your um white book

977
00:44:50,800 --> 00:44:54,950
Mr

978
00:44:54,960 --> 00:44:57,720
ibody

979
00:44:57,720 --> 00:44:59,839
it's a bliss this is exhibit 22 it's not

980
00:44:59,839 --> 00:45:02,920
an exhibit it's it's copies of law so it

981
00:45:02,920 --> 00:45:06,309
goes in your white binder for

982
00:45:06,319 --> 00:45:08,760
this you should

983
00:45:08,760 --> 00:45:24,309
have so it's really just copies

984
00:45:24,319 --> 00:45:26,400
of because I'm going to go I'm going to

985
00:45:26,400 --> 00:45:27,920
be reviewing the

986
00:45:27,920 --> 00:45:31,720
effect of those T three town Charter

987
00:45:31,720 --> 00:45:35,359
sections with respect to our argument

988
00:45:35,359 --> 00:45:37,359
tonight I'm going to start with section

989
00:45:37,359 --> 00:45:38,760
309 of the

990
00:45:38,760 --> 00:45:42,349
[Music]

991
00:45:42,359 --> 00:45:45,680
charter and it's a it's our argument

992
00:45:45,680 --> 00:45:47,280
that if the Town Council wanted to pass

993
00:45:47,280 --> 00:45:49,200
such a zoning moratorium it must have

994
00:45:49,200 --> 00:45:51,040
passed it by meeting the same

995
00:45:51,040 --> 00:45:53,800
requirements of an ordinance under c-309

996
00:45:53,800 --> 00:45:54,880
of the Town

997
00:45:54,880 --> 00:45:57,559
Charter to do

998
00:45:57,559 --> 00:45:59,800
otherwise bypasses the procedural

999
00:45:59,800 --> 00:46:01,240
protections and requirements of

1000
00:46:01,240 --> 00:46:03,720
ordinances and that

1001
00:46:03,720 --> 00:46:08,510
includes let me go to slide

1002
00:46:08,520 --> 00:46:15,510
17 okay so that's section

1003
00:46:15,520 --> 00:46:17,280
c-309

1004
00:46:17,280 --> 00:46:20,920
um that includes the requirement that no

1005
00:46:20,920 --> 00:46:23,000
ordinance be passed at the same meeting

1006
00:46:23,000 --> 00:46:25,079
at which it's introduced of course the

1007
00:46:25,079 --> 00:46:26,559
resolution doesn't have that requirement

1008
00:46:26,559 --> 00:46:28,000
and they did

1009
00:46:28,000 --> 00:46:31,520
that that' be voted upon by not less

1010
00:46:31,520 --> 00:46:33,839
than six nor more than 60 days after

1011
00:46:33,839 --> 00:46:36,599
introduction that wasn't followed in

1012
00:46:36,599 --> 00:46:39,359
this case and it become effective 20

1013
00:46:39,359 --> 00:46:41,559
days after passage or seven days after

1014
00:46:41,559 --> 00:46:43,760
the last legally required publication

1015
00:46:43,760 --> 00:46:46,119
notice unless it meets the standards for

1016
00:46:46,119 --> 00:46:48,119
emergency ordinance which requires a

1017
00:46:48,119 --> 00:46:49,839
separate affirmative vote of five of the

1018
00:46:49,839 --> 00:46:51,079
council

1019
00:46:51,079 --> 00:46:54,800
members which also did not occur in this

1020
00:46:54,800 --> 00:46:56,800
context

1021
00:46:56,800 --> 00:46:59,760
as importantly a simple resolution is

1022
00:46:59,760 --> 00:47:01,800
not subject to The veto power of the

1023
00:47:01,800 --> 00:47:05,119
mayor that's set forth in section c-310

1024
00:47:05,119 --> 00:47:07,480
of the charter or the rights of the

1025
00:47:07,480 --> 00:47:10,319
citizens to petition that act to

1026
00:47:10,319 --> 00:47:12,720
referendum that's in

1027
00:47:12,720 --> 00:47:16,000
c311 those don't apply to resolutions so

1028
00:47:16,000 --> 00:47:17,960
by doing a resolution they were taking

1029
00:47:17,960 --> 00:47:20,040
away those

1030
00:47:20,040 --> 00:47:24,710
two Charter

1031
00:47:24,720 --> 00:47:26,880
powers

1032
00:47:26,880 --> 00:47:29,640
so to pass

1033
00:47:29,640 --> 00:47:33,000
a to bypass uh the charter safeguards by

1034
00:47:33,000 --> 00:47:34,440
passing a simple

1035
00:47:34,440 --> 00:47:37,480
resolution um on a matter that I would

1036
00:47:37,480 --> 00:47:39,920
submit as as Grave and substantial that

1037
00:47:39,920 --> 00:47:42,040
it impacts all the property owners in

1038
00:47:42,040 --> 00:47:44,760
town is inappropriate and consist and

1039
00:47:44,760 --> 00:47:47,079
inconsistent with the town's Charter and

1040
00:47:47,079 --> 00:47:52,190
as you'll see Maryland

1041
00:47:52,200 --> 00:47:58,880
law point out what's kind of obvious but it was the moratorium was introduced

1042
00:47:58,880 --> 00:48:01,440
as a resolution and it was passed as one

1043
00:48:01,440 --> 00:48:03,800
that is it was not

1044
00:48:03,800 --> 00:48:06,559
adopted according to the terms or the

1045
00:48:06,559 --> 00:48:09,520
requirements in C309 for an ordinance

1046
00:48:09,520 --> 00:48:11,520
the reason that's technically important

1047
00:48:11,520 --> 00:48:13,760
is

1048
00:48:13,760 --> 00:48:17,520
while sometime sometimes a Town Council

1049
00:48:17,520 --> 00:48:20,000
can pass a resolution that meets all the

1050
00:48:20,000 --> 00:48:21,680
requirements procedurally of an

1051
00:48:21,680 --> 00:48:23,880
ordinance and have the legislative

1052
00:48:23,880 --> 00:48:26,480
effect that happens I believe with

1053
00:48:26,480 --> 00:48:28,559
Charter amendments might happen with

1054
00:48:28,559 --> 00:48:30,119
annexations but there's a couple

1055
00:48:30,119 --> 00:48:33,640
different spots in Maryland law for

1056
00:48:33,640 --> 00:48:36,319
whatever reason the the general assembly

1057
00:48:36,319 --> 00:48:38,000
used the term resolution instead of

1058
00:48:38,000 --> 00:48:40,079
ordinance they still have to follow the

1059
00:48:40,079 --> 00:48:41,280
requirements of an ordinance in their

1060
00:48:41,280 --> 00:48:42,599
Town

1061
00:48:42,599 --> 00:48:45,760
Charter um so there was no delay under

1062
00:48:45,760 --> 00:48:48,079
the charter

1063
00:48:48,079 --> 00:48:50,799
requirement um that they be passed upon

1064
00:48:50,799 --> 00:48:52,319
less than six nor more than 60 days

1065
00:48:52,319 --> 00:48:54,000
after an introduction and that's

1066
00:48:54,000 --> 00:48:55,640
designed to give the public and the

1067
00:48:55,640 --> 00:48:57,760
their representatives time to see what

1068
00:48:57,760 --> 00:49:00,920
the exact legislative proposal is uh but

1069
00:49:00,920 --> 00:49:04,079
also time to prepare and provide comment

1070
00:49:04,079 --> 00:49:06,000
resolution you don't do that you just

1071
00:49:06,000 --> 00:49:08,480
pass it introduce it that night and pass

1072
00:49:08,480 --> 00:49:11,359
it the moratorium by its terms went into

1073
00:49:11,359 --> 00:49:13,920
effect immediately there thereby

1074
00:49:13,920 --> 00:49:16,839
repealing the 60-day review requirement

1075
00:49:16,839 --> 00:49:19,079
that was about to expire in in another

1076
00:49:19,079 --> 00:49:21,319
12

1077
00:49:21,319 --> 00:49:23,760
days uh and you know instead of the

1078
00:49:23,760 --> 00:49:26,400
20-day passage rule under the

1079
00:49:26,400 --> 00:49:36,950
Charter um it became effective

1080
00:49:36,960 --> 00:49:39,440
immediately in addition legislation has

1081
00:49:39,440 --> 00:49:41,119
distinguished from a mere opinion of the

1082
00:49:41,119 --> 00:49:43,520
council by resolution must be presented

1083
00:49:43,520 --> 00:49:45,160
to the mayor or for

1084
00:49:45,160 --> 00:49:48,000
approval um and the mayor has the power

1085
00:49:48,000 --> 00:49:50,309
under

1086
00:49:50,319 --> 00:49:54,520
c310 shown there to

1087
00:49:54,520 --> 00:49:56,040
veto

1088
00:49:56,040 --> 00:49:56,720
an

1089
00:49:56,720 --> 00:49:59,000
ordinance but he doesn't have that power

1090
00:49:59,000 --> 00:50:00,720
for a resolution it was merely a sense

1091
00:50:00,720 --> 00:50:01,880
of the

1092
00:50:01,880 --> 00:50:03,640
council

1093
00:50:03,640 --> 00:50:05,960
and he wouldn't have that if he was it

1094
00:50:05,960 --> 00:50:07,680
was the Town Council merely directing an

1095
00:50:07,680 --> 00:50:09,400
internal

1096
00:50:09,400 --> 00:50:12,040
process there's a timeline associated

1097
00:50:12,040 --> 00:50:13,720
with that veto power as you can see in

1098
00:50:13,720 --> 00:50:15,680
section

1099
00:50:15,680 --> 00:50:19,760
c310 it's defining what becomes

1100
00:50:19,760 --> 00:50:22,880
law to become a law after presentation

1101
00:50:22,880 --> 00:50:24,440
of the ordinance to the

1102
00:50:24,440 --> 00:50:26,240
mayor

1103
00:50:26,240 --> 00:50:30,030
it's the third sentence of

1104
00:50:30,040 --> 00:50:32,880
c310 which reads any ordinance approved

1105
00:50:32,880 --> 00:50:35,839
by the mayor shall be law any ordinance

1106
00:50:35,839 --> 00:50:37,079
disapproved by the mayor shall be

1107
00:50:37,079 --> 00:50:38,200
returned to the clerk in a message

1108
00:50:38,200 --> 00:50:40,119
stating the reasons for his

1109
00:50:40,119 --> 00:50:42,119
disapproval upon receipt of any

1110
00:50:42,119 --> 00:50:43,720
ordinance disapproved by the mayor the

1111
00:50:43,720 --> 00:50:45,000
clerk shall promptly deliver the

1112
00:50:45,000 --> 00:50:46,559
ordinance an accompanying message

1113
00:50:46,559 --> 00:50:48,480
stating the reasons for the mayor's

1114
00:50:48,480 --> 00:50:50,319
disapproval to the members of the

1115
00:50:50,319 --> 00:50:52,520
council any disapproved ordinance shall

1116
00:50:52,520 --> 00:50:54,559
not become law unless subsequently

1117
00:50:54,559 --> 00:50:57,240
passed by by a favorable vote of 56 of

1118
00:50:57,240 --> 00:50:59,400
the whole Council within 35 calendar

1119
00:50:59,400 --> 00:51:02,319
days from the time of the return of the

1120
00:51:02,319 --> 00:51:04,599
ordinance and if the mayor fails to

1121
00:51:04,599 --> 00:51:06,160
return any ordinance within six days of

1122
00:51:06,160 --> 00:51:08,400
its delivery as afer said it shall be

1123
00:51:08,400 --> 00:51:10,400
deemed to be approved by him by the

1124
00:51:10,400 --> 00:51:13,400
mayor and shall be in the become law in

1125
00:51:13,400 --> 00:51:15,040
the same manner as an ordinance signed

1126
00:51:15,040 --> 00:51:18,000
by him so this is just like bills in

1127
00:51:18,000 --> 00:51:19,160
Congress or in Maryland's General

1128
00:51:19,160 --> 00:51:21,359
Assembly the legislature can pass a bill

1129
00:51:21,359 --> 00:51:23,319
but the chief executive must sign or

1130
00:51:23,319 --> 00:51:27,240
veto or if they ignore it then it

1131
00:51:27,240 --> 00:51:30,000
becomes law automatically or it's called

1132
00:51:30,000 --> 00:51:33,119
a pocket veto sometimes but the event

1133
00:51:33,119 --> 00:51:34,640
the VTO can then be overturned by a

1134
00:51:34,640 --> 00:51:37,400
super majority Town Charter provides

1135
00:51:37,400 --> 00:51:39,599
roughly the same

1136
00:51:39,599 --> 00:51:42,799
process what's important in this section

1137
00:51:42,799 --> 00:51:44,520
is that this is what converts a

1138
00:51:44,520 --> 00:51:49,309
legislative act into a

1139
00:51:49,319 --> 00:51:51,960
law so while a mayor can sign that

1140
00:51:51,960 --> 00:51:54,359
resolution as a certification of what

1141
00:51:54,359 --> 00:51:56,720
occurred and may even support the

1142
00:51:56,720 --> 00:51:59,160
resolution um the mayor is not given the

1143
00:51:59,160 --> 00:52:02,760
power to to veto that simple

1144
00:52:02,760 --> 00:52:04,640
resolution and that's why a simple

1145
00:52:04,640 --> 00:52:08,990
resolution doesn't become

1146
00:52:09,000 --> 00:52:11,319
law I mentioned a few minutes ago how

1147
00:52:11,319 --> 00:52:14,559
this area of law in zoning has a

1148
00:52:14,559 --> 00:52:16,200
specific difference that makes it all

1149
00:52:16,200 --> 00:52:18,720
the more important that the town follow

1150
00:52:18,720 --> 00:52:20,440
its own Charter obligations when passing

1151
00:52:20,440 --> 00:52:21,640
a zoning

1152
00:52:21,640 --> 00:52:23,920
moratorium a resolution that is not

1153
00:52:23,920 --> 00:52:24,839
passed in accordance with the

1154
00:52:24,839 --> 00:52:26,760
requirements of an ordinance is not

1155
00:52:26,760 --> 00:52:28,200
subject to

1156
00:52:28,200 --> 00:52:31,799
referendum as you can see in section

1157
00:52:31,799 --> 00:52:34,200
3-11 the citizens have the right to

1158
00:52:34,200 --> 00:52:36,920
petition laws passed either approved by

1159
00:52:36,920 --> 00:52:39,640
the mayor or if veto passed over his V

1160
00:52:39,640 --> 00:52:42,400
his or her veto to then petition the law

1161
00:52:42,400 --> 00:52:45,240
pass through an ordinance to referendum

1162
00:52:45,240 --> 00:52:47,799
so it's following that same process of

1163
00:52:47,799 --> 00:52:51,559
the timeline for the mayor's veto and

1164
00:52:51,559 --> 00:52:54,319
it's defining it as law when you are

1165
00:52:54,319 --> 00:52:56,680
allowed to petition its

1166
00:52:56,680 --> 00:53:00,150
referendum that's

1167
00:53:00,160 --> 00:53:02,680
in you can read it yourself the people

1168
00:53:02,680 --> 00:53:04,960
Reserve to themselves the power known as

1169
00:53:04,960 --> 00:53:09,349
the referendum by

1170
00:53:09,359 --> 00:53:12,160
petition then in section sub subsection

1171
00:53:12,160 --> 00:53:14,040
B there's a deadline for the petition

1172
00:53:14,040 --> 00:53:16,799
that is consistent with the timing of

1173
00:53:16,799 --> 00:53:20,880
when a law is passed by an ordinance to typically goes into effect that rule

1174
00:53:20,880 --> 00:53:23,480
of 20 days after signature signature of

1175
00:53:23,480 --> 00:53:26,920
the mayor were over the mayor's veto or

1176
00:53:26,920 --> 00:53:29,040
seven days after the last required

1177
00:53:29,040 --> 00:53:30,839
publication that's because only

1178
00:53:30,839 --> 00:53:32,960
ordinances not simple resolutions can be

1179
00:53:32,960 --> 00:53:34,960
taken to

1180
00:53:34,960 --> 00:53:37,200
referendum this is important in zoning

1181
00:53:37,200 --> 00:53:39,319
law because there is a special

1182
00:53:39,319 --> 00:53:41,880
protection of the referendum rights in

1183
00:53:41,880 --> 00:53:43,920
Maryland's Municipal zoning law which is

1184
00:53:43,920 --> 00:53:47,349
binding upon the

1185
00:53:47,359 --> 00:53:51,359
town I refer you to section 5- 213 of

1186
00:53:51,359 --> 00:53:52,960
the local government article of the

1187
00:53:52,960 --> 00:53:56,160
initated code of Maryland that law reads

1188
00:53:56,160 --> 00:53:58,200
A municipality May adopt zoning

1189
00:53:58,200 --> 00:54:00,240
regulations subject to any right of

1190
00:54:00,240 --> 00:54:02,640
referendum of the voters at a regular or

1191
00:54:02,640 --> 00:54:04,520
special election as may be provided in

1192
00:54:04,520 --> 00:54:06,640
the town

1193
00:54:06,640 --> 00:54:09,119
Charter so the town provides a

1194
00:54:09,119 --> 00:54:11,760
referendum in their Charter they passed

1195
00:54:11,760 --> 00:54:14,119
a resolution to change the effect and

1196
00:54:14,119 --> 00:54:17,000
applicability of a law the the section

1197
00:54:17,000 --> 00:54:18,680
of the zoning code that requires site

1198
00:54:18,680 --> 00:54:22,480
plan reviews and they did so by avoiding

1199
00:54:22,480 --> 00:54:26,240
the power of the citizens to

1200
00:54:26,240 --> 00:54:28,319
take that law to

1201
00:54:28,319 --> 00:54:32,079
referendum a right that is required and

1202
00:54:32,079 --> 00:54:34,760
protected by Maryland

1203
00:54:34,760 --> 00:54:38,559
law so zoning powers in Maryland are

1204
00:54:38,559 --> 00:54:41,280
Express Powers which means they must

1205
00:54:41,280 --> 00:54:43,640
flow from an Express Authority in

1206
00:54:43,640 --> 00:54:47,640
Maryland statutory law and section 5213

1207
00:54:47,640 --> 00:54:50,559
in the subtitle on Express Powers is

1208
00:54:50,559 --> 00:54:54,079
Grants those powers to Maryland

1209
00:54:54,079 --> 00:55:10,069
municipalities

1210
00:55:10,079 --> 00:55:13,640
furthermore Maryland law is clear that

1211
00:55:13,640 --> 00:55:16,160
the use of those Express Powers must be

1212
00:55:16,160 --> 00:55:19,829
but done by

1213
00:55:19,839 --> 00:55:23,039
ordinance Maryland section

1214
00:55:23,039 --> 00:55:26,440
5-23 Grant of Express

1215
00:55:26,440 --> 00:55:29,520
powers in subsection a in addition to

1216
00:55:29,520 --> 00:55:31,559
but not in substitution of the powers

1217
00:55:31,559 --> 00:55:33,640
that have already been or have been or

1218
00:55:33,640 --> 00:55:36,000
may be granted to it the legislative

1219
00:55:36,000 --> 00:55:38,079
body of a municipality May exercise the

1220
00:55:38,079 --> 00:55:40,200
express provi Powers provided in this

1221
00:55:40,200 --> 00:55:44,630
subtitle by adopting

1222
00:55:44,640 --> 00:55:47,000
ordinances furthermore it provides in

1223
00:55:47,000 --> 00:55:49,839
sub subsection B that such an ordinance

1224
00:55:49,839 --> 00:55:51,440
adopted by the legislative body of a

1225
00:55:51,440 --> 00:55:54,000
municipality may not conflict with state

1226
00:55:54,000 --> 00:55:57,200
law so as I pointed

1227
00:55:57,200 --> 00:56:01,280
out Maryland law state law protects the

1228
00:56:01,280 --> 00:56:03,760
right of referendum they changed the

1229
00:56:03,760 --> 00:56:06,599
applicability of a zoning

1230
00:56:06,599 --> 00:56:09,680
power that required legislation they did

1231
00:56:09,680 --> 00:56:11,920
so without an ordinance and so they Sid

1232
00:56:11,920 --> 00:56:14,559
stepped and avoided the right of the

1233
00:56:14,559 --> 00:56:16,920
Roden reio or any other citizen to take

1234
00:56:16,920 --> 00:56:23,910
that act of the Town Council to

1235
00:56:23,920 --> 00:56:25,720
referendum

1236
00:56:25,720 --> 00:56:28,359
so note that the delegation of zoning

1237
00:56:28,359 --> 00:56:30,599
power is is directly tied to the passage

1238
00:56:30,599 --> 00:56:32,440
of ordinances not

1239
00:56:32,440 --> 00:56:35,640
resolutions um and because it's an

1240
00:56:35,640 --> 00:56:37,440
delegated Express power and not what's

1241
00:56:37,440 --> 00:56:40,119
called an inherent power it must be done

1242
00:56:40,119 --> 00:56:42,520
in strict accordance with the statutes

1243
00:56:42,520 --> 00:56:45,119
that delegates that

1244
00:56:45,119 --> 00:56:48,119
power so in this case it's clear from

1245
00:56:48,119 --> 00:56:49,559
this section and the local government

1246
00:56:49,559 --> 00:56:51,990
article

1247
00:56:52,000 --> 00:56:54,839
5213 that to protect the right of ref

1248
00:56:54,839 --> 00:56:56,359
referendum in the zoning amends

1249
00:56:56,359 --> 00:56:57,920
amendments that an ordinance must have

1250
00:56:57,920 --> 00:57:00,640
been used to change an Express

1251
00:57:00,640 --> 00:57:02,599
legislation that changes the effect and

1252
00:57:02,599 --> 00:57:12,349
applicability of a zoning

1253
00:57:12,359 --> 00:57:15,760
law it's true that the Town Council

1254
00:57:15,760 --> 00:57:17,799
could have passed a moratorium as an

1255
00:57:17,799 --> 00:57:19,280
emergency

1256
00:57:19,280 --> 00:57:21,760
ordinance uh but they did

1257
00:57:21,760 --> 00:57:24,559
not um an emergency ordinance would have

1258
00:57:24,559 --> 00:57:26,400
changed that part of the

1259
00:57:26,400 --> 00:57:29,440
timeline um for passing legislation but

1260
00:57:29,440 --> 00:57:31,359
it would still require the mayor's

1261
00:57:31,359 --> 00:57:34,359
Ascent or veto and importantly it still

1262
00:57:34,359 --> 00:57:37,039
allows for a

1263
00:57:37,039 --> 00:57:39,960
referendum a resolution does

1264
00:57:39,960 --> 00:57:42,480
not also for an emergency ordinance to

1265
00:57:42,480 --> 00:57:44,440
pass you need a separate vote of a super

1266
00:57:44,440 --> 00:57:46,760
majority five five members of the whole

1267
00:57:46,760 --> 00:57:53,789
Council to pass

1268
00:57:53,799 --> 00:58:09,270
it

1269
00:58:09,280 --> 00:58:11,599
to further see the Practical differences

1270
00:58:11,599 --> 00:58:13,319
between subjects that need to be passed

1271
00:58:13,319 --> 00:58:15,599
through an ordinance um versus those

1272
00:58:15,599 --> 00:58:17,319
that can be done by a

1273
00:58:17,319 --> 00:58:19,520
resolution you can note on the same

1274
00:58:19,520 --> 00:58:22,920
night on the exhibit for March 18th 2021

1275
00:58:22,920 --> 00:58:36,109
minutes that's

1276
00:58:36,119 --> 00:58:38,240
exhibit 22 but we haven't gotten to

1277
00:58:38,240 --> 00:58:39,400
exhibit

1278
00:58:39,400 --> 00:58:43,400
22 oh no it's the agenda not the minutes

1279
00:58:43,400 --> 00:58:46,039
I'm sorry that would be exhibit

1280
00:58:46,039 --> 00:58:49,000
19 on that same night the Town Council

1281
00:58:49,000 --> 00:58:51,799
adopted a town walkability plan by

1282
00:58:51,799 --> 00:58:56,400
resolution Town what to town walkability

1283
00:58:56,400 --> 00:58:59,559
plan that plan is a guidance document uh

1284
00:58:59,559 --> 00:59:02,240
without any legal effect on the citizens

1285
00:59:02,240 --> 00:59:04,799
um or Property Owners um on its own it

1286
00:59:04,799 --> 00:59:06,720
doesn't create any new mandates or

1287
00:59:06,720 --> 00:59:08,960
obligations or amend the effect of any

1288
00:59:08,960 --> 00:59:12,480
existing town code sections doesn't act

1289
00:59:12,480 --> 00:59:15,240
as a law that limits or defines the

1290
00:59:15,240 --> 00:59:17,640
rights of citizens but instead acts as a

1291
00:59:17,640 --> 00:59:19,920
policy guide this is the kind of

1292
00:59:19,920 --> 00:59:21,760
document that can be passed by a

1293
00:59:21,760 --> 00:59:24,200
resolution the moratorium resolution

1294
00:59:24,200 --> 00:59:26,119
attempted to alter the legal rights of

1295
00:59:26,119 --> 00:59:28,920
citizens including those of the rod and

1296
00:59:28,920 --> 00:59:35,270
reel but and did

1297
00:59:35,280 --> 00:59:38,760
so uh Mr Blitz uh why don't we pause and

1298
00:59:38,760 --> 00:59:41,039
take five minutes for everybody um we

1299
00:59:41,039 --> 00:59:44,160
will resume uh after a five minute break

1300
00:59:44,160 --> 00:59:53,630
okay

1301
00:59:53,640 --> 01:00:23,549
thanks

1302
01:00:23,559 --> 01:00:45,750
for

1303
01:00:45,760 --> 01:00:49,109
it take me 20

1304
01:00:49,119 --> 01:00:53,510
minutes

1305
01:00:53,520 --> 01:00:57,190
that

1306
01:00:57,200 --> 01:00:59,680
all the material was on the website

1307
01:00:59,680 --> 01:01:01,960
includes exhibit numbers I don't think

1308
01:01:01,960 --> 01:01:10,670
so I

1309
01:01:10,680 --> 01:01:12,400
think

1310
01:01:12,400 --> 01:01:15,920
yeah do have numbers on have numbers or

1311
01:01:15,920 --> 01:01:20,079
is it okay so M I'll just do

1312
01:01:20,079 --> 01:01:23,440
it I'll hold

1313
01:01:23,440 --> 01:01:27,070
on

1314
01:01:27,080 --> 01:01:30,480
[Laughter]

1315
01:01:30,480 --> 01:01:32,599
do you need this back okay she

1316
01:01:32,599 --> 01:01:36,160
photocopied that for me okay yeah I went

1317
01:01:36,160 --> 01:01:39,390
through and did the whole like

1318
01:01:39,400 --> 01:01:41,680
Wilson Oh I got the numbers and stuff

1319
01:01:41,680 --> 01:01:42,880
and then I'm like no you can't change

1320
01:01:42,880 --> 01:01:44,880
the

1321
01:01:44,880 --> 01:01:48,559
order I've already labeled them on these

1322
01:01:48,559 --> 01:01:50,799
school supplies finally came in handy I

1323
01:01:50,799 --> 01:01:53,440
ran out of post

1324
01:01:53,440 --> 01:02:05,630
too

1325
01:02:05,640 --> 01:02:08,520
no because last time it was

1326
01:02:08,520 --> 01:02:13,349
overwheling you where

1327
01:02:13,359 --> 01:02:23,349
you now I

1328
01:02:23,359 --> 01:02:37,960
haveed

1329
01:02:37,970 --> 01:02:50,630
[Music]

1330
01:02:50,640 --> 01:02:53,359
yeah you're going to do a good

1331
01:02:53,359 --> 01:02:58,630
job

1332
01:02:58,640 --> 01:03:01,039
he eight hours was the estimate last

1333
01:03:01,039 --> 01:03:03,680
time it's G be tonight tonight we're

1334
01:03:03,680 --> 01:03:05,799
doing tonight we're doing two eight

1335
01:03:05,799 --> 01:03:09,109
hours

1336
01:03:09,119 --> 01:03:21,950
total we're C it at 9: pick up

1337
01:03:21,960 --> 01:03:40,430
again thanks

1338
01:03:40,440 --> 01:03:53,269
hello oh I see what you're

1339
01:03:53,279 --> 01:03:54,799
saying

1340
01:03:54,799 --> 01:04:14,480
oh right

1341
01:04:14,490 --> 01:04:23,190
[Music]

1342
01:04:23,200 --> 01:04:25,839
okay

1343
01:04:25,839 --> 01:04:48,190
police officer

1344
01:04:48,200 --> 01:04:51,599
here all make your way to your seats uh

1345
01:04:51,599 --> 01:04:53,160
we can

1346
01:04:53,160 --> 01:05:02,029
resume

1347
01:05:02,039 --> 01:05:08,109
please continue when you're ready Mr

1348
01:05:08,119 --> 01:05:12,400
blz so we went over the fact that we

1349
01:05:12,400 --> 01:05:15,520
have a zoning law it gets changed the

1350
01:05:15,520 --> 01:05:17,279
effect of it as well as the general

1351
01:05:17,279 --> 01:05:20,400
applicability who it applies to makes

1352
01:05:20,400 --> 01:05:22,559
distinctions between different

1353
01:05:22,559 --> 01:05:25,079
parties so the important legal

1354
01:05:25,079 --> 01:05:26,880
principles have been addressed by the

1355
01:05:26,880 --> 01:05:29,240
Maryland courts as well um so it's not

1356
01:05:29,240 --> 01:05:30,319
just my

1357
01:05:30,319 --> 01:05:32,960
interpretation in your legal package I

1358
01:05:32,960 --> 01:05:34,920
provided you a copy of two cases that

1359
01:05:34,920 --> 01:05:37,880
demonstrate this point the first is

1360
01:05:37,880 --> 01:05:40,680
Inlet Associates versus ass house

1361
01:05:40,680 --> 01:05:42,240
Condominium

1362
01:05:42,240 --> 01:05:44,400
Association and in that case the issue

1363
01:05:44,400 --> 01:05:47,599
is whether as part of a developer

1364
01:05:47,599 --> 01:05:49,559
agreement the quick claim and

1365
01:05:49,559 --> 01:05:52,319
abandonment of a public Street to the

1366
01:05:52,319 --> 01:05:54,279
developer could be accomplished by by a

1367
01:05:54,279 --> 01:05:57,319
simple resolution of the Town Council in

1368
01:05:57,319 --> 01:05:58,880
that case of Ocean

1369
01:05:58,880 --> 01:06:01,880
City Maryland's highest court found that

1370
01:06:01,880 --> 01:06:04,680
it could not and an ordinance was

1371
01:06:04,680 --> 01:06:07,359
required and the rationale and reasoning

1372
01:06:07,359 --> 01:06:10,760
of the court is important to this

1373
01:06:10,760 --> 01:06:13,240
case Court found what that while noting

1374
01:06:13,240 --> 01:06:15,079
that an ordinance is distinctly a

1375
01:06:15,079 --> 01:06:16,880
legislative

1376
01:06:16,880 --> 01:06:19,400
act the court went through prior case

1377
01:06:19,400 --> 01:06:21,799
law in which the standard is that if a

1378
01:06:21,799 --> 01:06:23,559
municipal action is one of General

1379
01:06:23,559 --> 01:06:25,559
application prescribing a new plan or

1380
01:06:25,559 --> 01:06:28,000
policy is considered legislative and

1381
01:06:28,000 --> 01:06:30,839
therefore must be accomplished by an

1382
01:06:30,839 --> 01:06:33,760
ordinance the court recognized the

1383
01:06:33,760 --> 01:06:35,640
special procedural requirements like

1384
01:06:35,640 --> 01:06:37,520
those I described of the chess Beach

1385
01:06:37,520 --> 01:06:40,480
Charter as being unique to

1386
01:06:40,480 --> 01:06:42,920
ordinances and most importantly as I

1387
01:06:42,920 --> 01:06:44,440
explained in the distinction between the

1388
01:06:44,440 --> 01:06:47,720
express ordinance making powers given to

1389
01:06:47,720 --> 01:06:50,599
municipalities such as zoning an Express

1390
01:06:50,599 --> 01:06:53,319
power rather than implied the court

1391
01:06:53,319 --> 01:06:55,480
found that those those Express Powers

1392
01:06:55,480 --> 01:06:57,920
must be enacted by

1393
01:06:57,920 --> 01:06:59,960
ordinance just like in our case where

1394
01:06:59,960 --> 01:07:01,760
there's a specific zoning power that is

1395
01:07:01,760 --> 01:07:04,680
an Express power one that protects the

1396
01:07:04,680 --> 01:07:08,160
right of referendum in the town

1397
01:07:08,160 --> 01:07:10,760
Charter the closing of a street had a

1398
01:07:10,760 --> 01:07:12,760
specific Pro provision in state

1399
01:07:12,760 --> 01:07:16,200
Municipal law that also was an Express

1400
01:07:16,200 --> 01:07:18,440
power so that required that that

1401
01:07:18,440 --> 01:07:19,839
disposition of the property be

1402
01:07:19,839 --> 01:07:22,559
accomplished by an

1403
01:07:22,559 --> 01:07:24,839
ordinance um

1404
01:07:24,839 --> 01:07:27,359
it should also be noted that as was

1405
01:07:27,359 --> 01:07:29,319
mentioned in the inlet Associates case

1406
01:07:29,319 --> 01:07:31,480
the Reliance of the city council on the

1407
01:07:31,480 --> 01:07:33,599
attorney's opinion or even a long

1408
01:07:33,599 --> 01:07:35,640
pattern of Conduct in enacting Street

1409
01:07:35,640 --> 01:07:38,319
closings through resolutions doesn't

1410
01:07:38,319 --> 01:07:40,680
make it any less improper or legal or

1411
01:07:40,680 --> 01:07:42,599
illegal for them to use a resolution

1412
01:07:42,599 --> 01:07:45,119
instead of an ordinance apparently chess

1413
01:07:45,119 --> 01:07:47,279
uh Ocean City had been closing streets

1414
01:07:47,279 --> 01:07:49,240
through resolutions for a long time and

1415
01:07:49,240 --> 01:07:50,760
that was part of their argument that

1416
01:07:50,760 --> 01:07:52,920
everybody was used to it doing it that

1417
01:07:52,920 --> 01:07:55,839
way

1418
01:07:55,839 --> 01:07:57,720
some might argue that a moratorium on

1419
01:07:57,720 --> 01:08:00,000
site plans is a temporary action and

1420
01:08:00,000 --> 01:08:02,200
therefore not legislative because it

1421
01:08:02,200 --> 01:08:04,559
merely suspends a process rather than

1422
01:08:04,559 --> 01:08:08,119
amend a law that might be true if for

1423
01:08:08,119 --> 01:08:09,599
example it's sought to change the

1424
01:08:09,599 --> 01:08:11,240
process of a zoning

1425
01:08:11,240 --> 01:08:14,400
administrators that's in this town is

1426
01:08:14,400 --> 01:08:16,880
posted on the town's website which is

1427
01:08:16,880 --> 01:08:19,719
strictly an administrative set of rules

1428
01:08:19,719 --> 01:08:22,040
it sets up a six-week process of review

1429
01:08:22,040 --> 01:08:24,040
for site plans before it goes to the

1430
01:08:24,040 --> 01:08:26,520
required hearing but it would not be

1431
01:08:26,520 --> 01:08:28,920
true if it removed the obligation of the

1432
01:08:28,920 --> 01:08:30,159
zoning administrative and planning

1433
01:08:30,159 --> 01:08:32,839
zoning commission to review site plans

1434
01:08:32,839 --> 01:08:34,520
because there is already a law that

1435
01:08:34,520 --> 01:08:36,799
makes that process mandatory including

1436
01:08:36,799 --> 01:08:39,590
the 60-day

1437
01:08:39,600 --> 01:08:42,199
deadline the specifics of the process

1438
01:08:42,199 --> 01:08:45,279
listed on the website is entirely

1439
01:08:45,279 --> 01:08:48,520
administrative um but the entitlement to

1440
01:08:48,520 --> 01:08:50,560
a critical area site plan within 60 days

1441
01:08:50,560 --> 01:08:52,799
is a mandatory

1442
01:08:52,799 --> 01:08:59,829
process

1443
01:08:59,839 --> 01:09:03,400
so by attempting to use a resolution to

1444
01:09:03,400 --> 01:09:07,080
pass a moratorium that changes the

1445
01:09:07,080 --> 01:09:09,080
obligation of the review of the Planning

1446
01:09:09,080 --> 01:09:10,759
and Zoning commission to review site

1447
01:09:10,759 --> 01:09:13,600
plans even on a temporary basis as long

1448
01:09:13,600 --> 01:09:15,920
as it's longer than 60 days it

1449
01:09:15,920 --> 01:09:18,679
effectively renders moot the requirement

1450
01:09:18,679 --> 01:09:21,359
that a zone that a zoning ordinance

1451
01:09:21,359 --> 01:09:23,120
which property owners are entitled to

1452
01:09:23,120 --> 01:09:24,480
rely upon

1453
01:09:24,480 --> 01:09:29,189
be in

1454
01:09:29,199 --> 01:09:32,239
effect that 60-day notice is clearly

1455
01:09:32,239 --> 01:09:34,279
designed to favor The Prompt

1456
01:09:34,279 --> 01:09:37,560
resolution of sight plan applications

1457
01:09:37,560 --> 01:09:38,920
that's why it's in the law the Town

1458
01:09:38,920 --> 01:09:40,920
Council made a legislative judgment that

1459
01:09:40,920 --> 01:09:43,359
it had to be done within 60

1460
01:09:43,359 --> 01:09:46,960
days if it makes a new legislative

1461
01:09:46,960 --> 01:09:50,600
judgment to change the effect of that

1462
01:09:50,600 --> 01:09:52,279
our argument is it cannot be done

1463
01:09:52,279 --> 01:09:53,839
through a resolution had to be done

1464
01:09:53,839 --> 01:09:57,830
through an

1465
01:09:57,840 --> 01:10:00,560
ordinance because it changed the effect

1466
01:10:00,560 --> 01:10:02,760
of certain developments it grandfathered

1467
01:10:02,760 --> 01:10:06,480
certain Lots certain properties that

1468
01:10:06,480 --> 01:10:11,510
Exempted it out from the effect of the

1469
01:10:11,520 --> 01:10:14,640
moratorium that's a policy judgment

1470
01:10:14,640 --> 01:10:17,880
about the effectiveness of which site

1471
01:10:17,880 --> 01:10:19,159
plans can go

1472
01:10:19,159 --> 01:10:22,239
forward and that's legislative in

1473
01:10:22,239 --> 01:10:24,960
nature rod Applications had been

1474
01:10:24,960 --> 01:10:26,480
submitted prior to the proposed

1475
01:10:26,480 --> 01:10:29,000
moratorium but they were suspended While

1476
01:10:29,000 --> 01:10:31,719
others who had also previously filed

1477
01:10:31,719 --> 01:10:33,360
were not to be impacted by the effect of

1478
01:10:33,360 --> 01:10:35,510
the

1479
01:10:35,520 --> 01:10:38,960
moratorium so two with the respect to

1480
01:10:38,960 --> 01:10:40,560
the distinction between the treatment of

1481
01:10:40,560 --> 01:10:43,000
category one and category site category

1482
01:10:43,000 --> 01:10:45,320
two site plans that's making a legal

1483
01:10:45,320 --> 01:10:47,120
distinction that's now at variance with

1484
01:10:47,120 --> 01:10:49,199
the current zoning ordinance by

1485
01:10:49,199 --> 01:10:50,960
passing a

1486
01:10:50,960 --> 01:10:53,640
resolution to make that distinction in a

1487
01:10:53,640 --> 01:10:55,600
moratorium is to make that policy

1488
01:10:55,600 --> 01:11:01,830
decision and therefore it's

1489
01:11:01,840 --> 01:11:03,840
legislative in my letter to the mayor

1490
01:11:03,840 --> 01:11:05,239
and Town Council warning them of the

1491
01:11:05,239 --> 01:11:07,440
impropriety of using a resolution um

1492
01:11:07,440 --> 01:11:09,960
instead of an ordinance I cited a case

1493
01:11:09,960 --> 01:11:12,800
that had just been published um by the

1494
01:11:12,800 --> 01:11:15,760
Maryland Supreme Court at that time I

1495
01:11:15,760 --> 01:11:17,679
believe it was still called the Maryland

1496
01:11:17,679 --> 01:11:18,600
court of

1497
01:11:18,600 --> 01:11:22,080
appeals and that's the kobari and homes

1498
01:11:22,080 --> 01:11:23,800
of Maryland versus mayor and City

1499
01:11:23,800 --> 01:11:26,679
Council of H Grace which is also in your

1500
01:11:26,679 --> 01:11:28,880
package there the Maryland Supreme Court

1501
01:11:28,880 --> 01:11:30,719
found that an agreement with a developer

1502
01:11:30,719 --> 01:11:33,600
that suspended a recruitment fee must be

1503
01:11:33,600 --> 01:11:36,000
passed by an ordinance and not a mere

1504
01:11:36,000 --> 01:11:38,600
resolution because like the zoning power

1505
01:11:38,600 --> 01:11:40,840
in this case the right of municipalities

1506
01:11:40,840 --> 01:11:44,960
to impose fees in Maryland is also an

1507
01:11:44,960 --> 01:11:46,679
Express power not an

1508
01:11:46,679 --> 01:11:49,960
implied so under the inlet case you have

1509
01:11:49,960 --> 01:11:53,560
to pass those use those Express power

1510
01:11:53,560 --> 01:11:54,719
hours through the passage of an

1511
01:11:54,719 --> 01:11:57,430
ordinance not a

1512
01:11:57,440 --> 01:11:59,840
resolution you may know that the fees

1513
01:11:59,840 --> 01:12:03,480
associated with cases like this um

1514
01:12:03,480 --> 01:12:05,520
appeal are set by the mayor and Town

1515
01:12:05,520 --> 01:12:07,639
Council and accomplished by passing an

1516
01:12:07,639 --> 01:12:10,719
ordinance not a resolution those all

1517
01:12:10,719 --> 01:12:13,320
those fees that however however much we

1518
01:12:13,320 --> 01:12:15,320
had to pay to have this hearing that's

1519
01:12:15,320 --> 01:12:22,470
set by

1520
01:12:22,480 --> 01:12:33,669
ordinance

1521
01:12:33,679 --> 01:12:36,800
so in the havarian

1522
01:12:36,800 --> 01:12:39,120
case I was going to read a long quote

1523
01:12:39,120 --> 01:12:41,360
for it but I think it's overdoing that

1524
01:12:41,360 --> 01:12:45,679
it it's just reinforcing the same

1525
01:12:45,679 --> 01:12:47,840
ideas they're making the point that the

1526
01:12:47,840 --> 01:12:49,639
zoning power being an Express power is

1527
01:12:49,639 --> 01:12:51,120
subject to the requirement for

1528
01:12:51,120 --> 01:12:55,159
ordinances then on page 1187

1529
01:12:55,159 --> 01:12:57,960
they say in addition to the legislative

1530
01:12:57,960 --> 01:13:00,719
Grant of General ordinance making Powers

1531
01:13:00,719 --> 01:13:03,000
the general assembly has granted Express

1532
01:13:03,000 --> 01:13:04,719
ordinance making authority to Municipal

1533
01:13:04,719 --> 01:13:07,679
leg legislative bodies for specific

1534
01:13:07,679 --> 01:13:09,719
types of legislative enactments outlined

1535
01:13:09,719 --> 01:13:12,199
in Title Five subtitle two of the local

1536
01:13:12,199 --> 01:13:17,679
government article and they cite section 5203 which

1537
01:13:17,679 --> 01:13:19,120
we

1538
01:13:19,120 --> 01:13:21,360
reviewed in addition to but not in

1539
01:13:21,360 --> 01:13:23,159
substitution of the powers that have

1540
01:13:23,159 --> 01:13:25,600
been or may be granted to it the

1541
01:13:25,600 --> 01:13:28,920
legislative body of municipality May

1542
01:13:28,920 --> 01:13:31,159
exercise the Express Powers provided in

1543
01:13:31,159 --> 01:13:33,920
the subtitle by adopting ordinances and

1544
01:13:33,920 --> 01:13:37,540
that's their

1545
01:13:37,550 --> 01:13:49,149
[Music]

1546
01:13:49,159 --> 01:13:52,520
emphasis so remember that the resolution

1547
01:13:52,520 --> 01:13:54,320
goes into effec in immediately an

1548
01:13:54,320 --> 01:13:56,400
ordinance takes time and in the case of

1549
01:13:56,400 --> 01:13:58,719
ches beach unless passed as an emergency

1550
01:13:58,719 --> 01:14:00,760
ordinance which would then identify a

1551
01:14:00,760 --> 01:14:02,600
shorter period the time is 20 days after

1552
01:14:02,600 --> 01:14:04,920
the signature of the mayor or passage

1553
01:14:04,920 --> 01:14:08,400
over the mayor's veto or the 7-Day rule

1554
01:14:08,400 --> 01:14:10,280
after the last required publication

1555
01:14:10,280 --> 01:14:12,639
whichever is later so it's a time period

1556
01:14:12,639 --> 01:14:16,159
of later in this case the resolution

1557
01:14:16,159 --> 01:14:18,040
establishing the moratorium by its terms

1558
01:14:18,040 --> 01:14:20,480
wining to affect immediately but that's

1559
01:14:20,480 --> 01:14:22,920
at odds with the 10day requirement after

1560
01:14:22,920 --> 01:14:25,560
hearing that is found in Maryland

1561
01:14:25,560 --> 01:14:28,600
law I'm going to refer you to section

1562
01:14:28,600 --> 01:14:31,800
4-23 of the land use

1563
01:14:31,800 --> 01:14:34,320
article this section of Maryland law

1564
01:14:34,320 --> 01:14:35,960
directs the procedure for passing a

1565
01:14:35,960 --> 01:14:37,719
zoning regulation or a boundary change

1566
01:14:37,719 --> 01:14:39,880
it requires a hearing and allow public

1567
01:14:39,880 --> 01:14:44,440
comment requires publication um so when

1568
01:14:44,440 --> 01:14:45,960
the Town Council attempted to pass a

1569
01:14:45,960 --> 01:14:47,480
moratorium which changed the legal

1570
01:14:47,480 --> 01:14:50,520
effect of section 29023 of the zoning

1571
01:14:50,520 --> 01:14:52,800
ordinance the council did the first two

1572
01:14:52,800 --> 01:14:54,800
requirements of subsection B that you

1573
01:14:54,800 --> 01:15:01,390
can read there

1574
01:15:01,400 --> 01:15:03,880
um though perhaps without a special

1575
01:15:03,880 --> 01:15:06,320
public hearing they might have not

1576
01:15:06,320 --> 01:15:08,679
completely complied but I want to focus

1577
01:15:08,679 --> 01:15:12,709
your attention on subsection

1578
01:15:12,719 --> 01:15:15,320
B3 that's the 10day requirement that I'm

1579
01:15:15,320 --> 01:15:16,480
referring

1580
01:15:16,480 --> 01:15:19,800
to so this section requires after that

1581
01:15:19,800 --> 01:15:21,239
hearing that the zoning regulations may

1582
01:15:21,239 --> 01:15:22,920
not become effective until 10 days after

1583
01:15:22,920 --> 01:15:24,320
the hearing in or

1584
01:15:24,320 --> 01:15:26,880
hearings that this town's council's

1585
01:15:26,880 --> 01:15:28,679
resolution does not do because it went

1586
01:15:28,679 --> 01:15:29,719
into effect

1587
01:15:29,719 --> 01:15:32,480
immediately when passing an ordinance in

1588
01:15:32,480 --> 01:15:34,600
the normal course that wouldn't really

1589
01:15:34,600 --> 01:15:36,880
matter because ordinance is going to

1590
01:15:36,880 --> 01:15:39,760
effect way after the 10day rule so it'd

1591
01:15:39,760 --> 01:15:42,440
be 20 days well after so it just it

1592
01:15:42,440 --> 01:15:43,840
really doesn't come up that often when

1593
01:15:43,840 --> 01:15:45,520
you're passing an ordinance but it does

1594
01:15:45,520 --> 01:15:48,080
come up and VI get violated when you

1595
01:15:48,080 --> 01:15:52,189
pass it by a

1596
01:15:52,199 --> 01:15:57,149
resolution

1597
01:15:57,159 --> 01:16:01,239
so I I'll just finish this topic by

1598
01:16:01,239 --> 01:16:04,880
quoting from my March 16 2021 letter to

1599
01:16:04,880 --> 01:16:07,840
the Town Council that made it clear that

1600
01:16:07,840 --> 01:16:09,840
the May to the mayor and Town Council

1601
01:16:09,840 --> 01:16:11,600
that the that they were notified of the

1602
01:16:11,600 --> 01:16:14,639
procedural infirmity and I said quote

1603
01:16:14,639 --> 01:16:17,000
the proposed moratorium is not merely a

1604
01:16:17,000 --> 01:16:18,880
sucession of discretionary

1605
01:16:18,880 --> 01:16:21,360
administrative proceedings but a

1606
01:16:21,360 --> 01:16:23,400
limitation on legal rights and property

1607
01:16:23,400 --> 01:16:25,080
owners in cheser Beach found within

1608
01:16:25,080 --> 01:16:27,440
Maryland law and the chese beach zoning

1609
01:16:27,440 --> 01:16:30,000
code Al although one of the purported

1610
01:16:30,000 --> 01:16:31,480
justifications for the proposed

1611
01:16:31,480 --> 01:16:33,560
moratorium is to facilitate Planning and

1612
01:16:33,560 --> 01:16:35,280
Zoning commission's attempt to propose

1613
01:16:35,280 --> 01:16:37,239
planning changes via the comprehensive

1614
01:16:37,239 --> 01:16:40,080
plan process that does not save the

1615
01:16:40,080 --> 01:16:41,840
moratorium from the requirement that it

1616
01:16:41,840 --> 01:16:44,120
be enacted through an ordinance because

1617
01:16:44,120 --> 01:16:46,199
the planning power is also an Express

1618
01:16:46,199 --> 01:16:48,760
power of municipalities in Maryland

1619
01:16:48,760 --> 01:16:51,080
again so that's making the distinction

1620
01:16:51,080 --> 01:16:52,920
between the implementing ordinance and

1621
01:16:52,920 --> 01:16:55,120
the a comprehensive plan also an Express

1622
01:16:55,120 --> 01:16:56,800
power

1623
01:16:56,800 --> 01:17:00,440
also and so this was affecting the site

1624
01:17:00,440 --> 01:17:02,560
plan review for something that also has

1625
01:17:02,560 --> 01:17:04,120
to be passed by an

1626
01:17:04,120 --> 01:17:06,280
ordinance so that's why the the

1627
01:17:06,280 --> 01:17:09,120
moratorium was void and without effect

1628
01:17:09,120 --> 01:17:11,920
and therefore an erroneous justification

1629
01:17:11,920 --> 01:17:14,480
for the planning administrator and the

1630
01:17:14,480 --> 01:17:16,120
zoning administrator I'm sorry and

1631
01:17:16,120 --> 01:17:17,480
planning and zoning commission from

1632
01:17:17,480 --> 01:17:20,239
undertaking the administrative Act of

1633
01:17:20,239 --> 01:17:22,000
site plan

1634
01:17:22,000 --> 01:17:26,030
review

1635
01:17:26,040 --> 01:17:29,270
so this is the

1636
01:17:29,280 --> 01:17:31,320
resolution and I want to turn to our

1637
01:17:31,320 --> 01:17:32,719
second count in the Roden reel

1638
01:17:32,719 --> 01:17:34,960
application for

1639
01:17:34,960 --> 01:17:37,920
appeal which alleges that the board that

1640
01:17:37,920 --> 01:17:39,840
if the board were to disagree with our

1641
01:17:39,840 --> 01:17:42,199
contention that the moratorium was void

1642
01:17:42,199 --> 01:17:44,920
from the outset due to this procedural

1643
01:17:44,920 --> 01:17:46,840
infirmity of passing it through a

1644
01:17:46,840 --> 01:17:49,990
resolution and not an

1645
01:17:50,000 --> 01:17:52,360
ordinance that even after the moratorium

1646
01:17:52,360 --> 01:17:55,320
had expired ired by its own terms the

1647
01:17:55,320 --> 01:17:57,040
Roden reel renewed its demand that site

1648
01:17:57,040 --> 01:18:00,800
plan reviews be reviewed and the zoning

1649
01:18:00,800 --> 01:18:02,000
administrative Planning and Zoning

1650
01:18:02,000 --> 01:18:04,920
commission continued to ref refuse to

1651
01:18:04,920 --> 01:18:06,600
review site plans as required by the

1652
01:18:06,600 --> 01:18:08,199
zoning

1653
01:18:08,199 --> 01:18:10,199
ordinance so you've heard me describe

1654
01:18:10,199 --> 01:18:11,760
lots of evidence which reflected that

1655
01:18:11,760 --> 01:18:13,560
the proposed moratorium was to end by

1656
01:18:13,560 --> 01:18:16,440
its terms at earlier of 12 months or the

1657
01:18:16,440 --> 01:18:17,679
completion of both the comprehensive

1658
01:18:17,679 --> 01:18:19,840
plan and the implementing

1659
01:18:19,840 --> 01:18:21,520
ordinances there are all those

1660
01:18:21,520 --> 01:18:23,000
references to the moratorium being

1661
01:18:23,000 --> 01:18:24,760
temporary in the commission's resolution

1662
01:18:24,760 --> 01:18:26,639
it's hearing the attempt to amend the

1663
01:18:26,639 --> 01:18:29,280
commission's resolution down uh uh the

1664
01:18:29,280 --> 01:18:31,960
moratorium down to 9 months which failed

1665
01:18:31,960 --> 01:18:33,719
the press release the reports the

1666
01:18:33,719 --> 01:18:35,360
agendas and the minutes they all make

1667
01:18:35,360 --> 01:18:39,320
reference to this limitation of

1668
01:18:39,320 --> 01:18:42,120
period going to submit exhibit

1669
01:18:42,120 --> 01:18:44,760
22 which is the minutes of the Town

1670
01:18:44,760 --> 01:18:51,910
council meeting of March 18th

1671
01:18:51,920 --> 01:19:03,270
2021

1672
01:19:03,280 --> 01:19:10,270
right objection

1673
01:19:10,280 --> 01:19:12,400
overall so this is where the Town

1674
01:19:12,400 --> 01:19:14,000
Council is commiss considering the

1675
01:19:14,000 --> 01:19:16,790
commission's

1676
01:19:16,800 --> 01:19:18,679
recommendation as part of the minutes

1677
01:19:18,679 --> 01:19:20,080
package delivered to the Town Council

1678
01:19:20,080 --> 01:19:22,440
chairman Brown of the um Planning

1679
01:19:22,440 --> 01:19:24,120
Commission made a report to the Town

1680
01:19:24,120 --> 01:19:27,400
Council dated March 10th and that's

1681
01:19:27,400 --> 01:19:29,440
going to be exhibit

1682
01:19:29,440 --> 01:19:33,520
23 which is dated March 10th 2021 from

1683
01:19:33,520 --> 01:19:41,950
chairman

1684
01:19:41,960 --> 01:19:51,830
Brown that's exhibit 23

1685
01:19:51,840 --> 01:19:55,470
yes

1686
01:19:55,480 --> 01:19:59,199
so this is CH uh the important the

1687
01:19:59,199 --> 01:20:02,120
section of um chairman Brown's report

1688
01:20:02,120 --> 01:20:03,800
that I want to

1689
01:20:03,800 --> 01:20:06,719
emphasize and I'll quote the pertinent

1690
01:20:06,719 --> 01:20:08,800
portion of the

1691
01:20:08,800 --> 01:20:11,320
paragraph in that report which reads in

1692
01:20:11,320 --> 01:20:13,880
the second paragraph on page

1693
01:20:13,880 --> 01:20:16,159
one at this February hearing the

1694
01:20:16,159 --> 01:20:17,880
commission heard from 15 members of the

1695
01:20:17,880 --> 01:20:19,320
public on a motion recommending a

1696
01:20:19,320 --> 01:20:21,040
temporary moratorium be placed on the

1697
01:20:21,040 --> 01:20:22,760
commission's acceptance and cons

1698
01:20:22,760 --> 01:20:25,159
consideration of new applications of new

1699
01:20:25,159 --> 01:20:27,040
applications for development projects

1700
01:20:27,040 --> 01:20:29,520
until the comprehensive Plan update at

1701
01:20:29,520 --> 01:20:32,040
all is completed or 12 months whichever

1702
01:20:32,040 --> 01:20:34,760
occurs first the motion for a temporary

1703
01:20:34,760 --> 01:20:36,360
moratorium passed and was forwarded to

1704
01:20:36,360 --> 01:20:38,800
the Town Council for consideration so

1705
01:20:38,800 --> 01:20:41,920
returning to exhibit

1706
01:20:41,920 --> 01:20:44,880
22 uh the Town Council

1707
01:20:44,880 --> 01:20:47,199
minutes when the resolution was

1708
01:20:47,199 --> 01:20:50,239
introduced it was introduced with that

1709
01:20:50,239 --> 01:20:52,920
outer limit at 12 months but there was a

1710
01:20:52,920 --> 01:20:59,669
debate about that during the Town

1711
01:20:59,679 --> 01:21:02,760
Council and this is the section of those

1712
01:21:02,760 --> 01:21:06,000
minutes on page

1713
01:21:06,000 --> 01:21:08,480
three where there was an amendment that

1714
01:21:08,480 --> 01:21:10,600
was proposed by councilman

1715
01:21:10,600 --> 01:21:13,480
thinkink that quote to amend the

1716
01:21:13,480 --> 01:21:16,520
moratorium period to six months and that

1717
01:21:16,520 --> 01:21:20,480
was seconded by councilman fav um the

1718
01:21:20,480 --> 01:21:22,760
vote to amend the moratorium period to

1719
01:21:22,760 --> 01:21:25,120
months was tied with three votes in

1720
01:21:25,120 --> 01:21:26,800
favor and three against and the mayor

1721
01:21:26,800 --> 01:21:29,760
bro then broke the tie by vote voting in

1722
01:21:29,760 --> 01:21:32,719
opposition so therefore that motion

1723
01:21:32,719 --> 01:21:35,400
failed next the minutes reflect that the

1724
01:21:35,400 --> 01:21:38,280
motion of councilman Morris moved to say

1725
01:21:38,280 --> 01:21:40,280
uh well quote amend the 12-month

1726
01:21:40,280 --> 01:21:43,159
moratorium period to nine months that

1727
01:21:43,159 --> 01:21:45,560
was seconded by councilman Fab and this

1728
01:21:45,560 --> 01:21:48,040
time the vote was forward to2 in favor

1729
01:21:48,040 --> 01:21:50,360
uh so the moratoriums maximum duration

1730
01:21:50,360 --> 01:21:55,430
was reduced to nine months

1731
01:21:55,440 --> 01:21:57,080
so what's clear from these minutes is

1732
01:21:57,080 --> 01:21:59,040
that Town Council passed the resolution

1733
01:21:59,040 --> 01:22:00,800
not an ordinance at the S meeting at

1734
01:22:00,800 --> 01:22:03,120
which it was introduced that there was a

1735
01:22:03,120 --> 01:22:05,440
debate about the maximum duration of the

1736
01:22:05,440 --> 01:22:08,719
moratorium which was settled to be nine

1737
01:22:08,719 --> 01:22:11,000
months these minutes were approved by

1738
01:22:11,000 --> 01:22:12,159
the town council meeting at their

1739
01:22:12,159 --> 01:22:14,159
subsequent meeting on April 15th with no

1740
01:22:14,159 --> 01:22:15,719
questions about the characterization of

1741
01:22:15,719 --> 01:22:17,920
the moratorium

1742
01:22:17,920 --> 01:22:21,760
vote and I'll submit the public hearing

1743
01:22:21,760 --> 01:22:24,719
minutes as well as Public Town Council

1744
01:22:24,719 --> 01:22:27,360
minutes as exhibit

1745
01:22:27,360 --> 01:22:30,719
24 so that's the Town Council hearing

1746
01:22:30,719 --> 01:22:33,679
minutes and town council meeting minutes

1747
01:22:33,679 --> 01:22:37,590
of April 15

1748
01:22:37,600 --> 01:22:51,550
2021 April

1749
01:22:51,560 --> 01:23:03,149
15

1750
01:23:03,159 --> 01:23:06,520
so now I'd like to call uh Mr Donovan to

1751
01:23:06,520 --> 01:23:07,600
provide some

1752
01:23:07,600 --> 01:23:09,320
testimony I believe he's already been

1753
01:23:09,320 --> 01:23:10,639
sworn but I don't know whether you want

1754
01:23:10,639 --> 01:23:14,750
to rewear him or what you like to

1755
01:23:14,760 --> 01:23:17,480
swear Mr Donovan were you present when

1756
01:23:17,480 --> 01:23:19,920
the oath was administered last time yes

1757
01:23:19,920 --> 01:23:24,550
sir your right hand yes sir

1758
01:23:24,560 --> 01:23:26,080
you please identify yourself for the

1759
01:23:26,080 --> 01:23:28,000
record and where you live uh Wesley

1760
01:23:28,000 --> 01:23:31,719
Donovan 2335 Golf Club Drive and what's

1761
01:23:31,719 --> 01:23:34,679
your role with the Roden reel uh

1762
01:23:34,679 --> 01:23:37,560
president um and are you familiar with

1763
01:23:37,560 --> 01:23:39,600
the fact that F site plan applications

1764
01:23:39,600 --> 01:23:41,320
were filed on behalf of the Roden reel

1765
01:23:41,320 --> 01:23:44,920
in January 29th of 2021 yes you know who

1766
01:23:44,920 --> 01:23:46,440
the zoning administrator for ches be

1767
01:23:46,440 --> 01:23:50,480
Beach was in January of 2021 uh Mr Chris

1768
01:23:50,480 --> 01:23:54,239
tubc and did you know that at that time

1769
01:23:54,239 --> 01:23:56,840
yes and were you shown a copy or given a

1770
01:23:56,840 --> 01:23:59,159
copy of the email from of February 5th

1771
01:23:59,159 --> 01:24:01,239
2021 from the zoning administrator

1772
01:24:01,239 --> 01:24:03,679
that's exhibit seven if you need to see

1773
01:24:03,679 --> 01:24:09,239
it no no I I did okay so you were so

1774
01:24:09,239 --> 01:24:11,120
other than the February 5th letter after

1775
01:24:11,120 --> 01:24:14,000
January 29th 2021 when you file the

1776
01:24:14,000 --> 01:24:16,199
applications um were you ever contacted

1777
01:24:16,199 --> 01:24:17,800
by the zoning administrator with respect

1778
01:24:17,800 --> 01:24:19,239
to the site plans or scheduling a

1779
01:24:19,239 --> 01:24:23,480
hearing for site plan review no

1780
01:24:23,480 --> 01:24:25,199
was the Roden reel ever given notice of

1781
01:24:25,199 --> 01:24:26,800
any scheduled hearing or hearings of the

1782
01:24:26,800 --> 01:24:28,000
Planning and Zoning commission to

1783
01:24:28,000 --> 01:24:30,400
conduct site plan review on the five

1784
01:24:30,400 --> 01:24:33,910
applications

1785
01:24:33,920 --> 01:24:37,280
no so other than the February 5th 2021

1786
01:24:37,280 --> 01:24:39,400
email from the zoning administrator Mr

1787
01:24:39,400 --> 01:24:42,440
jabak were you contacted anyone by

1788
01:24:42,440 --> 01:24:45,199
anyone from the town about the site plan

1789
01:24:45,199 --> 01:24:48,350
applications

1790
01:24:48,360 --> 01:24:50,360
no show

1791
01:24:50,360 --> 01:24:56,229
you April 13th letter to refresh your

1792
01:24:56,239 --> 01:24:58,840
recollection well yeah I did get this

1793
01:24:58,840 --> 01:25:01,480
but not to review the site

1794
01:25:01,480 --> 01:25:04,000
plans well it's about the site review of

1795
01:25:04,000 --> 01:25:06,719
the site plans isn't

1796
01:25:06,719 --> 01:25:09,480
it well I would say this is about the

1797
01:25:09,480 --> 01:25:12,639
moratorium but okay yeah okay you were

1798
01:25:12,639 --> 01:25:15,080
you you received this letter of April 13

1799
01:25:15,080 --> 01:25:21,280
2021 correct yes okay I did so let's admit that as exhibit

1800
01:25:21,280 --> 01:25:28,430
25

1801
01:25:28,440 --> 01:25:37,390
what what is

1802
01:25:37,400 --> 01:25:45,550
[Music]

1803
01:25:45,560 --> 01:25:49,360
that board can see in that

1804
01:25:49,360 --> 01:25:51,760
exhibit the town count uh the Town

1805
01:25:51,760 --> 01:25:53,920
Administrator is returning the fees for

1806
01:25:53,920 --> 01:25:56,639
the site plan reviews and citing the

1807
01:25:56,639 --> 01:26:03,350
reason as the

1808
01:26:03,360 --> 01:26:05,840
moratorium that's a copy of

1809
01:26:05,840 --> 01:26:09,239
it due to the category one site plan

1810
01:26:09,239 --> 01:26:11,199
moratorium that was passed by Town

1811
01:26:11,199 --> 01:26:13,600
Council on March 18 2021 the town will

1812
01:26:13,600 --> 01:26:16,440
not be reviewing these projects at this

1813
01:26:16,440 --> 01:26:17,639
time and are therefore returning the

1814
01:26:17,639 --> 01:26:21,199
checks provided with the associated

1815
01:26:21,199 --> 01:26:24,990
projects

1816
01:26:25,000 --> 01:26:26,600
so as you may have noticed in my letter

1817
01:26:26,600 --> 01:26:28,360
of the Planning and Zoning Commission of

1818
01:26:28,360 --> 01:26:30,560
the February 23rd

1819
01:26:30,560 --> 01:26:34,040
2021 that'se been previously

1820
01:26:34,040 --> 01:26:35,880
submitted

1821
01:26:35,880 --> 01:26:39,080
um I noted that it was very unlikely

1822
01:26:39,080 --> 01:26:40,560
that the commission would meet its

1823
01:26:40,560 --> 01:26:43,199
deadline under the moratorium to finish

1824
01:26:43,199 --> 01:26:45,000
both the comprehensive plan and the

1825
01:26:45,000 --> 01:26:46,840
zoning implementing zoning ordinances

1826
01:26:46,840 --> 01:26:49,400
before the year-long moratorium that was

1827
01:26:49,400 --> 01:26:51,199
being

1828
01:26:51,199 --> 01:26:55,480
proposed so after this passage oh did

1829
01:26:55,480 --> 01:26:58,320
you availability AC cross I didn't uh

1830
01:26:58,320 --> 01:27:00,239
yes Mr pounds you're welcome to cross if

1831
01:27:00,239 --> 01:27:01,800
the witness has done his testim I'm done

1832
01:27:01,800 --> 01:27:03,520
having testified so if you wanted to

1833
01:27:03,520 --> 01:27:04,960
cross on what we just talked about

1834
01:27:04,960 --> 01:27:06,600
please limit it to the testimony that's

1835
01:27:06,600 --> 01:27:10,159
been given well I mean uh so is it just

1836
01:27:10,159 --> 01:27:11,880
going to be about the testimony he just

1837
01:27:11,880 --> 01:27:14,600
gave I mean okay uh so I'm going to be

1838
01:27:14,600 --> 01:27:17,040
calling Mr Donovan again based upon

1839
01:27:17,040 --> 01:27:19,600
substantial other evidence with regard

1840
01:27:19,600 --> 01:27:22,159
to what was not discussed in this case

1841
01:27:22,159 --> 01:27:23,760
if it's not been discussed by him just

1842
01:27:23,760 --> 01:27:25,800
now you cannot talk about it you're

1843
01:27:25,800 --> 01:27:27,199
welcome to cross-examine him on the

1844
01:27:27,199 --> 01:27:28,639
content that he has

1845
01:27:28,639 --> 01:27:31,199
provided okay uh if he should testify

1846
01:27:31,199 --> 01:27:33,600
further we can do this all

1847
01:27:33,600 --> 01:27:36,560
again yes I Absolut absolutely will be

1848
01:27:36,560 --> 01:27:40,000
doing that uh so Mr Donovan uh you were

1849
01:27:40,000 --> 01:27:45,270
informed uh of the

1850
01:27:45,280 --> 01:27:49,280
moratorium was I informed yes well I

1851
01:27:49,280 --> 01:27:52,119
received this letter saying that uh the

1852
01:27:52,119 --> 01:27:53,360
moratorium

1853
01:27:53,360 --> 01:27:57,080
passed on March 18th and the town would

1854
01:27:57,080 --> 01:27:59,800
not would not be reviewing the site

1855
01:27:59,800 --> 01:28:04,880
plans and uh and that's the the town

1856
01:28:04,880 --> 01:28:09,679
right is that your understanding the

1857
01:28:09,679 --> 01:28:13,040
town corre that's your understanding sir

1858
01:28:13,040 --> 01:28:15,280
uh yeah okay and the town your

1859
01:28:15,280 --> 01:28:17,679
understanding is the Town Council right

1860
01:28:17,679 --> 01:28:19,320
I receiv received this letter from Holly

1861
01:28:19,320 --> 01:28:21,040
wall Town

1862
01:28:21,040 --> 01:28:24,239
Administrator okay is it you know asking

1863
01:28:24,239 --> 01:28:26,040
what your is it your understanding that

1864
01:28:26,040 --> 01:28:27,639
Miss wall is the one who makes decisions

1865
01:28:27,639 --> 01:28:34,229
with regard to the

1866
01:28:34,239 --> 01:28:36,679
town I don't know what you're what

1867
01:28:36,679 --> 01:28:39,320
you're getting at but the Town Council

1868
01:28:39,320 --> 01:28:41,920
passes ordinances and the mayor has the

1869
01:28:41,920 --> 01:28:46,840
right to veto or sign them into law okay

1870
01:28:46,840 --> 01:28:48,159
so it's your understanding that indeed

1871
01:28:48,159 --> 01:28:50,239
the Town Council is the one who makes

1872
01:28:50,239 --> 01:28:51,600
decisions with regard to the town is

1873
01:28:51,600 --> 01:28:52,880
that correct

1874
01:28:52,880 --> 01:28:55,600
yes sir okay and that's your

1875
01:28:55,600 --> 01:28:58,159
understanding yes and in an Essence Miss

1876
01:28:58,159 --> 01:29:01,000
Wall's the one who implements those laws

1877
01:29:01,000 --> 01:29:03,159
that uh is passed by the Town Council

1878
01:29:03,159 --> 01:29:05,480
isn't that your understanding as the

1879
01:29:05,480 --> 01:29:08,719
Town Administrator I that's my

1880
01:29:08,719 --> 01:29:10,880
understanding that she that is part of

1881
01:29:10,880 --> 01:29:13,400
her position yes okay and so I just want

1882
01:29:13,400 --> 01:29:15,440
make sure you understand the town I make

1883
01:29:15,440 --> 01:29:17,360
sure I'm very clear on this and I make

1884
01:29:17,360 --> 01:29:19,440
sure the record is very clear the Town

1885
01:29:19,440 --> 01:29:21,520
Council makes decisions on behalf of the

1886
01:29:21,520 --> 01:29:25,030
town isn't that your

1887
01:29:25,040 --> 01:29:27,520
understanding my understanding yes sir

1888
01:29:27,520 --> 01:29:29,280
let's make sure we understand it's not

1889
01:29:29,280 --> 01:29:31,080
you Mr Don been that makes the decisions

1890
01:29:31,080 --> 01:29:32,320
is that is that

1891
01:29:32,320 --> 01:29:35,199
correct do what it's not you that makes

1892
01:29:35,199 --> 01:29:36,600
the decisions on behalf of the town is

1893
01:29:36,600 --> 01:29:39,239
that correct no definitely do not Mr

1894
01:29:39,239 --> 01:29:41,119
Blitz can State his opinions but it's

1895
01:29:41,119 --> 01:29:42,719
not Mr Blitz that makes those decisions

1896
01:29:42,719 --> 01:29:45,679
is that correct objection to scope

1897
01:29:45,679 --> 01:29:49,199
cross please move on okay that that's

1898
01:29:49,199 --> 01:29:51,600
your understanding in essence so when

1899
01:29:51,600 --> 01:29:54,440
the Town Council makes decisions they

1900
01:29:54,440 --> 01:29:56,360
make decisions on behalf of the

1901
01:29:56,360 --> 01:30:00,119
Town correct and uh and so uh with

1902
01:30:00,119 --> 01:30:04,040
regard to the uh uh decisions with

1903
01:30:04,040 --> 01:30:06,000
regard to the moratorium that that is

1904
01:30:06,000 --> 01:30:09,470
made by the Town

1905
01:30:09,480 --> 01:30:12,560
Council it was correct and and also the

1906
01:30:12,560 --> 01:30:17,719
Planning Commission uh is the one who uh in essence implements and makes

1907
01:30:17,719 --> 01:30:19,480
recommendations with regard to this

1908
01:30:19,480 --> 01:30:20,800
comprehensive plan that was your

1909
01:30:20,800 --> 01:30:24,629
understanding also

1910
01:30:24,639 --> 01:30:26,920
yes okay and you have five plans did you

1911
01:30:26,920 --> 01:30:28,520
submit those plans to the Planning

1912
01:30:28,520 --> 01:30:31,320
Commission to review during their

1913
01:30:31,320 --> 01:30:35,310
application

1914
01:30:35,320 --> 01:30:37,719
process when during the application

1915
01:30:37,719 --> 01:30:39,840
process I I don't you mean the

1916
01:30:39,840 --> 01:30:41,480
comprehensive plan process the

1917
01:30:41,480 --> 01:30:43,280
comprehensive plan process yes objection

1918
01:30:43,280 --> 01:30:45,239
to the scope of the Cross is succeeding

1919
01:30:45,239 --> 01:30:49,440
the scope of the direct and I'm not

1920
01:30:49,440 --> 01:30:51,520
sure he's the one that discussed the

1921
01:30:51,520 --> 01:30:54,119
more the moratorium goes directly to

1922
01:30:54,119 --> 01:30:55,719
exactly what the planning commissions

1923
01:30:55,719 --> 01:30:57,960
decision making goes directly to what

1924
01:30:57,960 --> 01:30:59,520
his testimony

1925
01:30:59,520 --> 01:31:02,159
was he read directly from the letter of

1926
01:31:02,159 --> 01:31:03,400
Holly

1927
01:31:03,400 --> 01:31:06,320
wall I don't know what you're getting at

1928
01:31:06,320 --> 01:31:08,840
with respect to asking him about his

1929
01:31:08,840 --> 01:31:11,280
understanding of zoning process or the

1930
01:31:11,280 --> 01:31:13,040
ordinance process he he didn't testify

1931
01:31:13,040 --> 01:31:16,159
about that well very simple five

1932
01:31:16,159 --> 01:31:17,679
applications which are the subject to

1933
01:31:17,679 --> 01:31:19,719
these hearing this hearing did you

1934
01:31:19,719 --> 01:31:22,000
submit those to the Planning Commission

1935
01:31:22,000 --> 01:31:24,950
for their

1936
01:31:24,960 --> 01:31:28,280
review you want me to answer that I ask

1937
01:31:28,280 --> 01:31:34,950
a question oh one

1938
01:31:34,960 --> 01:31:37,440
moment allow the question please answer

1939
01:31:37,440 --> 01:31:39,520
you can repeat it if you would yeah the

1940
01:31:39,520 --> 01:31:41,159
five applications which are the subject

1941
01:31:41,159 --> 01:31:43,840
this uh hearing did you submit those

1942
01:31:43,840 --> 01:31:45,239
five applications to the Planning

1943
01:31:45,239 --> 01:31:48,480
Commission for their

1944
01:31:48,480 --> 01:31:53,400
review it gets submitted to the

1945
01:31:53,400 --> 01:31:57,159
uh they got submitted to Chris

1946
01:31:57,159 --> 01:32:00,520
chubak as the the town zoning

1947
01:32:00,520 --> 01:32:02,639
administrator so you did not submit

1948
01:32:02,639 --> 01:32:06,470
those to the plan

1949
01:32:06,480 --> 01:32:08,960
commission I think what happens and I

1950
01:32:08,960 --> 01:32:15,960
could be incorrect but you submit the plans to the zoning

1951
01:32:15,960 --> 01:32:18,800
administrator the zoning administrator

1952
01:32:18,800 --> 01:32:23,760
then reviews those with planning and

1953
01:32:23,760 --> 01:32:28,310
Zoning so your testimony is you don't

1954
01:32:28,320 --> 01:32:31,159
know no his testimony was just what he

1955
01:32:31,159 --> 01:32:35,960
said okay so me so you you think that

1956
01:32:35,960 --> 01:32:38,520
you submitted to Mr Zubia and those

1957
01:32:38,520 --> 01:32:39,880
plans should have gone to the Planning

1958
01:32:39,880 --> 01:32:42,840
Commission is that your understanding I

1959
01:32:42,840 --> 01:32:43,920
believe

1960
01:32:43,920 --> 01:32:45,880
we we

1961
01:32:45,880 --> 01:32:49,960
submitted um believe the applications

1962
01:32:49,960 --> 01:32:54,430
are part of the exhibit

1963
01:32:54,440 --> 01:32:57,719
um you give me a second I might be able

1964
01:32:57,719 --> 01:33:02,480
to find them but we submit site plans to

1965
01:33:02,480 --> 01:33:06,270
the

1966
01:33:06,280 --> 01:33:09,360
town those that exhibit goes to Mr Zu

1967
01:33:09,360 --> 01:33:10,920
zubak

1968
01:33:10,920 --> 01:33:14,440
right cubc

1969
01:33:14,440 --> 01:33:17,639
yes I'd have to look at who exactly they

1970
01:33:17,639 --> 01:33:20,119
were addressed to but I'm pretty sure

1971
01:33:20,119 --> 01:33:22,520
that they go to Chris cu accus the town

1972
01:33:22,520 --> 01:33:24,920
zoning administrator or he was at the

1973
01:33:24,920 --> 01:33:26,760
time

1974
01:33:26,760 --> 01:33:32,510
rather me you're

1975
01:33:32,520 --> 01:33:37,639
not am I 100% sure now okay Mr Mr this

1976
01:33:37,639 --> 01:33:40,600
is your applications

1977
01:33:40,600 --> 01:33:43,840
right section I mean the rod and reel's

1978
01:33:43,840 --> 01:33:46,840
applications yeah okay well rodel's and

1979
01:33:46,840 --> 01:33:50,520
who's the president of the rod reel I am

1980
01:33:50,520 --> 01:33:53,199
okay so obviously you're the one who's

1981
01:33:53,199 --> 01:33:54,840
ultimately in charge with things that

1982
01:33:54,840 --> 01:33:58,030
happen with regard to the rod and

1983
01:33:58,040 --> 01:34:01,239
reel sure okay so so

1984
01:34:01,239 --> 01:34:03,560
basically so your testimony is you can't

1985
01:34:03,560 --> 01:34:05,080
testify whether those applications were

1986
01:34:05,080 --> 01:34:07,600
submitted to the Planning Commission

1987
01:34:07,600 --> 01:34:12,430
pursu to the comprehensive plan

1988
01:34:12,440 --> 01:34:14,840
process can you repeat that yes you

1989
01:34:14,840 --> 01:34:17,080
cannot testify that indeed those five

1990
01:34:17,080 --> 01:34:18,960
applications were submitted to the

1991
01:34:18,960 --> 01:34:20,639
Planning Commission pursuing to the

1992
01:34:20,639 --> 01:34:22,199
comprehensive plan process objection to

1993
01:34:22,199 --> 01:34:24,320
the argumentative phrasing of the

1994
01:34:24,320 --> 01:34:25,880
question no it isn't a question you're

1995
01:34:25,880 --> 01:34:28,040
asking him a negative of whether he

1996
01:34:28,040 --> 01:34:29,560
can't say

1997
01:34:29,560 --> 01:34:43,030
something being argumentative to point

1998
01:34:43,040 --> 01:34:45,800
please objection sustained um let's

1999
01:34:45,800 --> 01:34:47,480
bring this back to the testimony that

2000
01:34:47,480 --> 01:34:50,520
was given okay now you testimony that

2001
01:34:50,520 --> 01:34:52,920
indeed testimony earlier that these

2002
01:34:52,920 --> 01:34:55,440
applications Were Somehow approved back

2003
01:34:55,440 --> 01:34:56,960
in

2004
01:34:56,960 --> 01:34:59,360
2016 objection that was not part of this

2005
01:34:59,360 --> 01:35:03,910
direct examination I

2006
01:35:03,920 --> 01:35:06,639
sustain I will be calling Mr donov in

2007
01:35:06,639 --> 01:35:16,870
our case okay please continue Mr

2008
01:35:16,880 --> 01:35:19,600
blz just like to make the point that's

2009
01:35:19,600 --> 01:35:21,960
in your zoning ordinance

2010
01:35:21,960 --> 01:35:24,040
that applications for site plans are

2011
01:35:24,040 --> 01:35:25,480
filed with the Planning and Zoning

2012
01:35:25,480 --> 01:35:28,760
administrator for the benefit and of the

2013
01:35:28,760 --> 01:35:30,000
Planning and Zoning commission which

2014
01:35:30,000 --> 01:35:31,880
then takes those up according to a

2015
01:35:31,880 --> 01:35:34,199
process that's all set forth in your

2016
01:35:34,199 --> 01:35:37,159
ordinance that we reviewed in the first

2017
01:35:37,159 --> 01:35:39,920
hearing you don't necessarily file it

2018
01:35:39,920 --> 01:35:42,000
directly with you file it with the town

2019
01:35:42,000 --> 01:35:43,920
at this to the Planning and Zoning

2020
01:35:43,920 --> 01:35:46,040
commission the zoning administrator

2021
01:35:46,040 --> 01:35:48,400
first crack at it is because he's his

2022
01:35:48,400 --> 01:35:50,480
job is to review the site plan and give

2023
01:35:50,480 --> 01:35:51,760
comment to the planning and Zoning

2024
01:35:51,760 --> 01:35:54,040
commission it was filed with the site

2025
01:35:54,040 --> 01:35:55,840
the Planning and Zoning commission the

2026
01:35:55,840 --> 01:35:57,800
form that you file goes to the Planning

2027
01:35:57,800 --> 01:35:59,040
and Zoning

2028
01:35:59,040 --> 01:36:01,639
commission

2029
01:36:01,639 --> 01:36:08,189
so

2030
01:36:08,199 --> 01:36:10,560
um I'm just looking back at where we

2031
01:36:10,560 --> 01:36:20,310
dropped

2032
01:36:20,320 --> 01:36:29,070
off

2033
01:36:29,080 --> 01:36:32,600
so I I think I I had ended with I was

2034
01:36:32,600 --> 01:36:34,520
making the point that in my letter of

2035
01:36:34,520 --> 01:36:36,440
February 23rd

2036
01:36:36,440 --> 01:36:38,480
2021 to the Planning and Zoning

2037
01:36:38,480 --> 01:36:40,360
commission and that was copied to the

2038
01:36:40,360 --> 01:36:41,480
Town

2039
01:36:41,480 --> 01:36:45,360
Council I made the I rendered an opinion

2040
01:36:45,360 --> 01:36:47,000
that there was almost no chance that

2041
01:36:47,000 --> 01:36:48,520
they were going to be able to convince

2042
01:36:48,520 --> 01:36:50,440
to complete the comprehensive plan and

2043
01:36:50,440 --> 01:36:53,119
the implementing Zone ordinances before

2044
01:36:53,119 --> 01:36:56,199
a year-long moratorium as you'll recall

2045
01:36:56,199 --> 01:37:00,870
they shortened it to 9

2046
01:37:00,880 --> 01:37:03,320
months so after the passage of the

2047
01:37:03,320 --> 01:37:05,239
moratorium resolution the Planning and

2048
01:37:05,239 --> 01:37:07,159
Zoning commission continued its work on

2049
01:37:07,159 --> 01:37:08,520
the comprehensive

2050
01:37:08,520 --> 01:37:11,159
plan and by September it was clear that

2051
01:37:11,159 --> 01:37:12,280
they weren't going to finish the

2052
01:37:12,280 --> 01:37:14,719
comprehensive plan within the nine-month

2053
01:37:14,719 --> 01:37:16,880
P town period uh 9month period that the

2054
01:37:16,880 --> 01:37:18,560
Town Council had attempted to establish

2055
01:37:18,560 --> 01:37:19,840
in the first

2056
01:37:19,840 --> 01:37:23,639
resolution just Lish that I'm going to

2057
01:37:23,639 --> 01:37:26,320
submit the minutes of the Town Council

2058
01:37:26,320 --> 01:37:29,239
informational work session of September

2059
01:37:29,239 --> 01:37:49,910
8th 2021 as exhibits

2060
01:37:49,920 --> 01:37:52,760
26 as you you can see from

2061
01:37:52,760 --> 01:37:56,080
that um Mr jabak reported to the Town

2062
01:37:56,080 --> 01:37:57,560
Council his

2063
01:37:57,560 --> 01:38:00,760
view that the town's has a nine-month

2064
01:38:00,760 --> 01:38:02,639
temporary moratorium in

2065
01:38:02,639 --> 01:38:07,239
place which will expire on December 18th

2066
01:38:07,239 --> 01:38:09,719
2021 he reported to the commission that

2067
01:38:09,719 --> 01:38:11,440
had complete that the commission had

2068
01:38:11,440 --> 01:38:13,360
completed a draft of the comprehensive

2069
01:38:13,360 --> 01:38:15,400
plan and was set for a public hearing on

2070
01:38:15,400 --> 01:38:17,000
November 9th

2071
01:38:17,000 --> 01:38:19,800
2021 but after that hearing the

2072
01:38:19,800 --> 01:38:21,320
commission would still need a couple

2073
01:38:21,320 --> 01:38:23,040
months before giving final

2074
01:38:23,040 --> 01:38:25,920
approval he gave some options but was

2075
01:38:25,920 --> 01:38:28,040
recommending extending the moratorium

2076
01:38:28,040 --> 01:38:30,520
for an additional three

2077
01:38:30,520 --> 01:38:33,040
months now for the extension

2078
01:38:33,040 --> 01:38:35,119
request Planning and Zoning commission

2079
01:38:35,119 --> 01:38:38,280
held no public hearing to make this

2080
01:38:38,280 --> 01:38:41,040
request they did not debate it at all as

2081
01:38:41,040 --> 01:38:42,679
can be discerned from any public

2082
01:38:42,679 --> 01:38:45,280
comments public minutes and did not vote

2083
01:38:45,280 --> 01:38:47,440
on a resolution to recommend that to the

2084
01:38:47,440 --> 01:38:48,880
Town

2085
01:38:48,880 --> 01:38:51,119
Council so while the Town Council

2086
01:38:51,119 --> 01:38:52,719
followed the practice of having the

2087
01:38:52,719 --> 01:38:55,560
Planning and Zoning commission make a

2088
01:38:55,560 --> 01:38:58,080
its recommendation for the

2089
01:38:58,080 --> 01:39:01,199
original moratorium resolution it did

2090
01:39:01,199 --> 01:39:05,560
not do so for its the request apparently

2091
01:39:05,560 --> 01:39:07,320
made by the zoning administrator to

2092
01:39:07,320 --> 01:39:11,070
extend the

2093
01:39:11,080 --> 01:39:13,119
moratorium at the Town council meeting

2094
01:39:13,119 --> 01:39:15,960
held on September 16th 2021 the second

2095
01:39:15,960 --> 01:39:18,159
resolution was considered and that's

2096
01:39:18,159 --> 01:39:24,830
resolution r21 d8

2097
01:39:24,840 --> 01:39:26,960
that was also voted and

2098
01:39:26,960 --> 01:39:29,400
res introduced and voted upon at the

2099
01:39:29,400 --> 01:39:30,159
same

2100
01:39:30,159 --> 01:39:32,800
meeting and which purports to extend the

2101
01:39:32,800 --> 01:39:35,760
moratorium for three months and that is

2102
01:39:35,760 --> 01:39:50,030
exhibit

2103
01:39:50,040 --> 01:40:04,589
27

2104
01:40:04,599 --> 01:40:06,800
I apologize that I did have a slide for

2105
01:40:06,800 --> 01:40:09,520
Mr for the minutes that showed Mr jacub

2106
01:40:09,520 --> 01:40:12,239
ex's recommendation that they extend it

2107
01:40:12,239 --> 01:40:19,950
for an additional three

2108
01:40:19,960 --> 01:40:22,520
months so this is the temporary

2109
01:40:22,520 --> 01:40:27,400
resolution we just admitted as exhibit

2110
01:40:27,400 --> 01:40:29,159
207 I

2111
01:40:29,159 --> 01:40:31,599
believe so while this second resolution

2112
01:40:31,599 --> 01:40:33,679
was also not an ordinance and therefore

2113
01:40:33,679 --> 01:40:36,159
just as invalid as the first

2114
01:40:36,159 --> 01:40:38,560
resolution when attempting to alter the

2115
01:40:38,560 --> 01:40:40,920
effect and applicability of a specific

2116
01:40:40,920 --> 01:40:43,480
zoning ordinance mandating site plan

2117
01:40:43,480 --> 01:40:45,760
reviews what this resolution makes

2118
01:40:45,760 --> 01:40:47,719
absolutely clear as if it wasn't already

2119
01:40:47,719 --> 01:40:49,719
clear with all the public previous

2120
01:40:49,719 --> 01:40:50,920
statements that you've seen in EV

2121
01:40:50,920 --> 01:40:52,880
evidence is that the moratorium was to

2122
01:40:52,880 --> 01:40:55,719
be temporary not indefinite that it had

2123
01:40:55,719 --> 01:40:56,920
a set

2124
01:40:56,920 --> 01:40:59,760
duration if it didn't they would be no

2125
01:40:59,760 --> 01:41:02,560
reason to extend its passage by this

2126
01:41:02,560 --> 01:41:07,109
resolution

2127
01:41:07,119 --> 01:41:09,800
r218 in the first paragraph the council

2128
01:41:09,800 --> 01:41:12,440
recites that the moratorium passed by

2129
01:41:12,440 --> 01:41:13,599
resolution

2130
01:41:13,599 --> 01:41:16,199
r213 was temporary and in the second

2131
01:41:16,199 --> 01:41:18,599
paragraph it reads whereas the Town

2132
01:41:18,599 --> 01:41:20,400
Council has determined there is a need

2133
01:41:20,400 --> 01:41:22,080
to extend the moratorium for the

2134
01:41:22,080 --> 01:41:24,199
continuing reason as stated in the

2135
01:41:24,199 --> 01:41:26,000
previous resolution for an additional

2136
01:41:26,000 --> 01:41:26,880
three

2137
01:41:26,880 --> 01:41:29,440
months then in the actual resolve Clause

2138
01:41:29,440 --> 01:41:32,280
it reads the Town Council has adop has

2139
01:41:32,280 --> 01:41:34,760
determined an additional three months is

2140
01:41:34,760 --> 01:41:36,880
needed for the moratorium and hereby

2141
01:41:36,880 --> 01:41:38,840
extends the moratorium for an additional

2142
01:41:38,840 --> 01:41:40,760
three months after the time period as

2143
01:41:40,760 --> 01:41:46,030
referred in the resolution

2144
01:41:46,040 --> 01:41:48,119
r213 therefore it's clear that the

2145
01:41:48,119 --> 01:41:51,480
additional three months was quote needed

2146
01:41:51,480 --> 01:41:54,040
um and that the council was intending to

2147
01:41:54,040 --> 01:41:55,760
extend the time period from a total of

2148
01:41:55,760 --> 01:41:57,000
nine

2149
01:41:57,000 --> 01:42:00,080
months even more instructive is the

2150
01:42:00,080 --> 01:42:03,040
debate on this at the Town Council and

2151
01:42:03,040 --> 01:42:06,760
now I'd like to play a video of that

2152
01:42:06,760 --> 01:42:09,119
debate from the town

2153
01:42:09,119 --> 01:42:12,320
council's presentation that starts at

2154
01:42:12,320 --> 01:42:15,880
the 50 minute 12 Mark and ends at the

2155
01:42:15,880 --> 01:42:18,880
5829 and I believe Mr CH I mean

2156
01:42:18,880 --> 01:42:20,400
obviously you know you can conduct the

2157
01:42:20,400 --> 01:42:22,480
hearing want to but you know first of

2158
01:42:22,480 --> 01:42:25,440
all you know all of the minutes uh are

2159
01:42:25,440 --> 01:42:26,880
completely irrelevant in this case

2160
01:42:26,880 --> 01:42:29,000
because minutes are nothing more than a

2161
01:42:29,000 --> 01:42:31,320
documentary of to what happened minutes

2162
01:42:31,320 --> 01:42:33,320
are just a documentation as to what

2163
01:42:33,320 --> 01:42:34,719
happened the only thing that really

2164
01:42:34,719 --> 01:42:36,920
matters with with regard to a hearing is

2165
01:42:36,920 --> 01:42:38,920
what the decision was okay and it's

2166
01:42:38,920 --> 01:42:40,679
great to have minutes it's great to have

2167
01:42:40,679 --> 01:42:42,840
a history as to what happened and you

2168
01:42:42,840 --> 01:42:44,560
know and and you know you lit in all the

2169
01:42:44,560 --> 01:42:46,280
other minutes which are nothing more

2170
01:42:46,280 --> 01:42:48,599
than again a documentation documentary

2171
01:42:48,599 --> 01:42:51,040
representation but they don't apply to

2172
01:42:51,040 --> 01:42:52,760
decisions and that's the only thing that

2173
01:42:52,760 --> 01:42:55,760
matters now now he wants to have a video

2174
01:42:55,760 --> 01:42:58,040
as to what happened during I mean the

2175
01:42:58,040 --> 01:43:00,000
minutes are bad enough but if you want

2176
01:43:00,000 --> 01:43:05,440
to have the video you know that just just okay having a b debate great I

2177
01:43:05,440 --> 01:43:07,080
mean Council has a debate Council has a

2178
01:43:07,080 --> 01:43:10,719
debate you know once twice a month uh

2179
01:43:10,719 --> 01:43:12,119
you know and there's a differences of

2180
01:43:12,119 --> 01:43:14,080
opinions but all that matters ultimately

2181
01:43:14,080 --> 01:43:17,159
is what did they decide and so that we

2182
01:43:17,159 --> 01:43:19,320
understand uh we will still allow the

2183
01:43:19,320 --> 01:43:21,280
video and the

2184
01:43:21,280 --> 01:43:23,880
next documentation

2185
01:43:23,880 --> 01:43:33,310
in thank

2186
01:43:33,320 --> 01:43:35,719
you and obviously

2187
01:43:35,719 --> 01:43:37,440
objection

2188
01:43:37,440 --> 01:43:44,350
[Music]

2189
01:43:44,360 --> 01:43:49,669
over oh he's

2190
01:43:49,679 --> 01:44:11,550
doing

2191
01:44:11,560 --> 01:44:19,589
let's

2192
01:44:19,599 --> 01:44:49,550
go

2193
01:44:49,560 --> 01:44:53,750
minutes

2194
01:44:53,760 --> 01:44:55,880
just in little Chesapeake Beach some

2195
01:44:55,880 --> 01:44:58,760
days we do three and four a

2196
01:44:58,760 --> 01:45:04,000
day those who which we did is that

2197
01:45:04,000 --> 01:45:05,880
zero

2198
01:45:05,880 --> 01:45:09,709
5829 it was

2199
01:45:09,719 --> 01:45:13,239
512 do we have to remove the PowerPoint

2200
01:45:13,239 --> 01:45:19,470
so that they can see it

2201
01:45:19,480 --> 01:45:22,280
first

2202
01:45:22,280 --> 01:45:24,560
Mr Bliss how long does that

2203
01:45:24,560 --> 01:45:43,030
served eight

2204
01:45:43,040 --> 01:45:49,470
minutes

2205
01:45:49,480 --> 01:45:52,360
okay

2206
01:45:52,360 --> 01:45:57,880
said 52 yes you know just a basic one

2207
01:45:57,880 --> 01:46:05,199
page history we'll see okay all right thank Larry thank you Crystal

2208
01:46:05,199 --> 01:46:07,800
CLA um I have no more questions and

2209
01:46:07,800 --> 01:46:11,679
thank you Mr Mayor one follow-up comment

2210
01:46:11,679 --> 01:46:14,520
yes sir thank you uh to follow on with

2211
01:46:14,520 --> 01:46:16,840
councilwoman Vine's comment there um

2212
01:46:16,840 --> 01:46:19,199
this is right moratorium for an

2213
01:46:19,199 --> 01:46:22,159
additional mon just as a quick sumary

2214
01:46:22,159 --> 01:46:25,080
before I get to the council the Planning

2215
01:46:25,080 --> 01:46:27,119
Commission has submitted a request to

2216
01:46:27,119 --> 01:46:29,800
the Town Council for more time to devote

2217
01:46:29,800 --> 01:46:31,360
to the completion of the comprehensive

2218
01:46:31,360 --> 01:46:33,159
plan our planning is zoning

2219
01:46:33,159 --> 01:46:35,520
administrator brief the Town Council

2220
01:46:35,520 --> 01:46:38,480
during the uh recent work session as a

2221
01:46:38,480 --> 01:46:41,920
result of that we have before us a

2222
01:46:41,920 --> 01:46:44,040
before the council a resolution

2223
01:46:44,040 --> 01:46:45,400
extending the moratorium which is

2224
01:46:45,400 --> 01:46:48,080
currently set to expire in December of

2225
01:46:48,080 --> 01:46:51,320
21 for an additional three three months

2226
01:46:51,320 --> 01:46:53,960
uh is there a motion to approve move to

2227
01:46:53,960 --> 01:46:58,360
approve is there a second second okay uh

2228
01:46:58,360 --> 01:47:01,400
I'll begin discussion with Dr

2229
01:47:01,400 --> 01:47:04,440
Bodine oh yeah um if you actually look

2230
01:47:04,440 --> 01:47:06,639
at the word I just have have two

2231
01:47:06,639 --> 01:47:09,480
questions I think um I'm fully supported

2232
01:47:09,480 --> 01:47:11,440
this because it was voted upon

2233
01:47:11,440 --> 01:47:13,159
unanimously by the funding and Zoning

2234
01:47:13,159 --> 01:47:14,960
commission so this is what they want and

2235
01:47:14,960 --> 01:47:16,639
support above their

2236
01:47:16,639 --> 01:47:18,840
activities if you look at under the

2237
01:47:18,840 --> 01:47:21,400
therefore be it resolved that

2238
01:47:21,400 --> 01:47:24,599
and you look at the second

2239
01:47:24,599 --> 01:47:28,320
sentence um it says time period as

2240
01:47:28,320 --> 01:47:31,760
reformed in the resolution

2241
01:47:31,760 --> 01:47:35,360
r213 is that like a legal thing as

2242
01:47:35,360 --> 01:47:42,000
reformed that's a typo sorry um uh and I can tell you I did make the change

2243
01:47:42,000 --> 01:47:43,800
and for some reason before it got sent

2244
01:47:43,800 --> 01:47:47,199
to Holly the change was not made what's

2245
01:47:47,199 --> 01:47:49,280
the reasoning it's well we are now

2246
01:47:49,280 --> 01:47:51,400
getting into the issue of whether I'm

2247
01:47:51,400 --> 01:47:54,239
giving legal opinions okay or opinions

2248
01:47:54,239 --> 01:47:56,679
with regard to the resolution uh which I

2249
01:47:56,679 --> 01:47:58,840
know it's still on the video but legal

2250
01:47:58,840 --> 01:48:00,800
opinions still would not be part of any

2251
01:48:00,800 --> 01:48:02,920
evidence here and this video is now part

2252
01:48:02,920 --> 01:48:06,270
of the evidence here

2253
01:48:06,280 --> 01:48:08,599
so if I could be heard on the objection

2254
01:48:08,599 --> 01:48:12,000
when he's finished okay so in essence

2255
01:48:12,000 --> 01:48:14,159
you know uh it was just you know a type

2256
01:48:14,159 --> 01:48:16,440
of that's being corrected that's fine

2257
01:48:16,440 --> 01:48:18,560
but uh you know any other legal opinions

2258
01:48:18,560 --> 01:48:21,520
which just may be coming to obviously

2259
01:48:21,520 --> 01:48:23,599
creates an issue which probably should

2260
01:48:23,599 --> 01:48:27,360
be redacted from the video so first this

2261
01:48:27,360 --> 01:48:30,719
is a public meeting of the Town Council

2262
01:48:30,719 --> 01:48:33,440
any it's already public it's part of the

2263
01:48:33,440 --> 01:48:37,000
record it's literally a public document

2264
01:48:37,000 --> 01:48:39,360
so if you give legal advice during to

2265
01:48:39,360 --> 01:48:42,280
the Town Council during an open session

2266
01:48:42,280 --> 01:48:44,000
of the Town Council it's part of the

2267
01:48:44,000 --> 01:48:45,679
record and is part of the evidence that

2268
01:48:45,679 --> 01:48:49,000
we can present with respect to the key

2269
01:48:49,000 --> 01:48:50,800
issues which I'm going to get to promise

2270
01:48:50,800 --> 01:48:52,080
you this isn't just given to you

2271
01:48:52,080 --> 01:48:54,040
gratuitously there's some key issues

2272
01:48:54,040 --> 01:48:57,119
being raised in this debate in this

2273
01:48:57,119 --> 01:48:59,840
video so that's that's why I believe it

2274
01:48:59,840 --> 01:49:01,480
should be admitted well objection

2275
01:49:01,480 --> 01:49:03,480
because it goes back to this is a debate

2276
01:49:03,480 --> 01:49:05,080
this isn't evidence this isn't a

2277
01:49:05,080 --> 01:49:07,400
decision by the council this is just a

2278
01:49:07,400 --> 01:49:09,159
discussion between the council that's

2279
01:49:09,159 --> 01:49:11,800
all it is okay so in essence if it's

2280
01:49:11,800 --> 01:49:13,599
going to be admitted you know there's a

2281
01:49:13,599 --> 01:49:15,599
p you know there's a you know area of

2282
01:49:15,599 --> 01:49:17,719
law called giving it appropriate weight

2283
01:49:17,719 --> 01:49:20,400
which means discussions that mayor may

2284
01:49:20,400 --> 01:49:23,440
not be you know going on between Council

2285
01:49:23,440 --> 01:49:25,080
would have no weight because it doesn't

2286
01:49:25,080 --> 01:49:26,719
necessarily mean how they would vote

2287
01:49:26,719 --> 01:49:29,080
they're just talking okay so in essence

2288
01:49:29,080 --> 01:49:31,000
having some type of discussion creates

2289
01:49:31,000 --> 01:49:32,800
some type of evidentiary hearing or

2290
01:49:32,800 --> 01:49:35,000
evidentiary matter for something in the

2291
01:49:35,000 --> 01:49:38,520
future really is is is some something

2292
01:49:38,520 --> 01:49:40,639
that goes way way way out of bounds as

2293
01:49:40,639 --> 01:49:42,719
far as what anybody could do okay

2294
01:49:42,719 --> 01:49:44,560
because this isn't a decision this is

2295
01:49:44,560 --> 01:49:46,679
nothing more than what they may talking

2296
01:49:46,679 --> 01:49:49,239
or what may have they were thinking at

2297
01:49:49,239 --> 01:50:01,470
the time so one moment

2298
01:50:01,480 --> 01:50:03,960
please the objection is overruled but

2299
01:50:03,960 --> 01:50:06,520
the board hears the argument about the

2300
01:50:06,520 --> 01:50:08,440
weight of what we are seeing here thank

2301
01:50:08,440 --> 01:50:11,310
you Mr CH please

2302
01:50:11,320 --> 01:50:14,719
proceed be it should be referred rather

2303
01:50:14,719 --> 01:50:15,840
than reformed it should have been

2304
01:50:15,840 --> 01:50:18,159
referred so I apologize and I'll make

2305
01:50:18,159 --> 01:50:20,719
that change but yeah that's my my

2306
01:50:20,719 --> 01:50:23,360
mistake and I I caught it but it was

2307
01:50:23,360 --> 01:50:25,800
made but it did not seem to get the

2308
01:50:25,800 --> 01:50:27,960
Holly so sorry about that no no problem

2309
01:50:27,960 --> 01:50:29,639
I just wasn't honestly I wasn't sure if

2310
01:50:29,639 --> 01:50:32,119
it was like something I just you know

2311
01:50:32,119 --> 01:50:36,159
like a legal thing um P do we need to do

2312
01:50:36,159 --> 01:50:38,960
an amendment to change this to referred

2313
01:50:38,960 --> 01:50:42,880
if so I would like to introduce that

2314
01:50:42,880 --> 01:50:45,360
Amendment you know I don't see any

2315
01:50:45,360 --> 01:50:48,119
reason if you wanted to to cross it out

2316
01:50:48,119 --> 01:50:49,679
and then put a tick mark there and just

2317
01:50:49,679 --> 01:50:55,119
put the correct word um because what matters is the

2318
01:50:55,119 --> 01:50:58,360
signatures um question how much um

2319
01:50:58,360 --> 01:51:00,560
testimony are we expecting here from

2320
01:51:00,560 --> 01:51:03,679
Council minutes is it all from um Mr

2321
01:51:03,679 --> 01:51:05,480
pounds when is that gonna wrap up

2322
01:51:05,480 --> 01:51:10,069
shortly yes well it goes

2323
01:51:10,079 --> 01:51:14,599
another four minutes so most most of

2324
01:51:14,599 --> 01:51:16,040
what I care about is actually the parts

2325
01:51:16,040 --> 01:51:17,480
that's coming up all this is just kind

2326
01:51:17,480 --> 01:51:20,360
of part of the debate what this is is

2327
01:51:20,360 --> 01:51:22,760
all of the public debate of the Town

2328
01:51:22,760 --> 01:51:26,800
Council on this resolution that is the

2329
01:51:26,800 --> 01:51:28,800
resolution is introduced and the Town

2330
01:51:28,800 --> 01:51:30,079
Council gets to

2331
01:51:30,079 --> 01:51:33,079
debate the mayor turned to Dr Bodin

2332
01:51:33,079 --> 01:51:35,800
first she provided her comments then we

2333
01:51:35,800 --> 01:51:37,560
had some questions to the council but

2334
01:51:37,560 --> 01:51:39,520
that's all part of the debate on this

2335
01:51:39,520 --> 01:51:41,119
legislative

2336
01:51:41,119 --> 01:51:45,079
act or attempted a legislative

2337
01:51:45,079 --> 01:51:50,840
act so if it's not not done um um

2338
01:51:50,840 --> 01:51:52,599
just just handwriting it and there's

2339
01:51:52,599 --> 01:51:53,760
absolutely nothing wrong with doing that

2340
01:51:53,760 --> 01:51:55,719
if you'd like to do

2341
01:51:55,719 --> 01:51:58,079
that I don't think

2342
01:51:58,079 --> 01:52:00,239
we

2343
01:52:00,239 --> 01:52:03,079
um any additional comments rry yeah yeah

2344
01:52:03,079 --> 01:52:04,560
I just I thought you were gonna talk P

2345
01:52:04,560 --> 01:52:06,280
I'm sorry I just wanted to if you wanted

2346
01:52:06,280 --> 01:52:08,520
to change it um yeah my other comment

2347
01:52:08,520 --> 01:52:11,480
was one thing that came up at the work

2348
01:52:11,480 --> 01:52:13,199
session and just want to make sure I

2349
01:52:13,199 --> 01:52:15,560
understand the way it's written is that

2350
01:52:15,560 --> 01:52:18,239
our current moror that we currently have

2351
01:52:18,239 --> 01:52:20,800
expires on December 18th

2352
01:52:20,800 --> 01:52:23,599
this moratorium uh takes effect December

2353
01:52:23,599 --> 01:52:24,960
19th at

2354
01:52:24,960 --> 01:52:28,320
1201 and this moratorium would expire on

2355
01:52:28,320 --> 01:52:34,189
March 19th is anything I said

2356
01:52:34,199 --> 01:52:37,880
incorrect well I think it's clear

2357
01:52:37,880 --> 01:52:42,599
no Tod Todd do I got it oh yeah no this starts right away there's no doubt

2358
01:52:42,599 --> 01:52:44,760
about it but doesn't it starts on

2359
01:52:44,760 --> 01:52:48,360
December 19th right it's an extension

2360
01:52:48,360 --> 01:52:53,840
that that's right there's no there with this we have drafted with you know

2361
01:52:53,840 --> 01:52:57,079
excluding the typo there is no Gap there

2362
01:52:57,079 --> 01:52:59,880
is no Gap in the expires on March 19th

2363
01:52:59,880 --> 01:53:01,960
correct got it thank you very much for

2364
01:53:01,960 --> 01:53:04,840
your help thank you

2365
01:53:04,840 --> 01:53:07,320
Charlie I don't have any questions um

2366
01:53:07,320 --> 01:53:09,199
just from a substantive standpoint you

2367
01:53:09,199 --> 01:53:11,599
know when this came before the council

2368
01:53:11,599 --> 01:53:13,520
initially

2369
01:53:13,520 --> 01:53:16,719
um we had a a good debate about the

2370
01:53:16,719 --> 01:53:19,119
timing of the moratorium I was opposed

2371
01:53:19,119 --> 01:53:20,960
to a morat

2372
01:53:20,960 --> 01:53:23,639
um that extended indefinitely Or

2373
01:53:23,639 --> 01:53:25,199
extended for a long period of time not

2374
01:53:25,199 --> 01:53:27,040
because I didn't want Planning and

2375
01:53:27,040 --> 01:53:28,520
Zoning to do their work but because I

2376
01:53:28,520 --> 01:53:32,320
wanted to keep the comprehensive plan on

2377
01:53:32,320 --> 01:53:34,360
the front burner and if the moratorium

2378
01:53:34,360 --> 01:53:37,440
had needed to be extended it it would um

2379
01:53:37,440 --> 01:53:42,360
now we we sit here today with a uh very

2380
01:53:42,360 --> 01:53:44,560
uh completed draft of the comprehensive

2381
01:53:44,560 --> 01:53:48,400
plan uh it would be pointless now not to

2382
01:53:48,400 --> 01:53:52,550
extend this for another three months

2383
01:53:52,560 --> 01:53:55,280
uh I I just don't see I I just can't

2384
01:53:55,280 --> 01:53:57,280
imagine anyone actually making

2385
01:53:57,280 --> 01:54:00,320
applications now knowing what uh is in

2386
01:54:00,320 --> 01:54:01,880
the comprehensive plan under the old

2387
01:54:01,880 --> 01:54:05,119
rules let alone becoming substantially

2388
01:54:05,119 --> 01:54:08,159
vested in their project um but but it

2389
01:54:08,159 --> 01:54:11,119
would be pointless to not accept uh

2390
01:54:11,119 --> 01:54:12,920
three more months as requested by the

2391
01:54:12,920 --> 01:54:14,920
planning and zoning committee in my

2392
01:54:14,920 --> 01:54:18,679
opinion that's all thank you Charlie and

2393
01:54:18,679 --> 01:54:21,480
Larry I'll disagree with my colleague Mr

2394
01:54:21,480 --> 01:54:25,360
thinkink about being pointless um I did

2395
01:54:25,360 --> 01:54:27,520
not support the moratorium when we voted

2396
01:54:27,520 --> 01:54:30,040
on it in March uh given recent

2397
01:54:30,040 --> 01:54:32,079
discussions and reports and as just was

2398
01:54:32,079 --> 01:54:36,079
acknowledged a moment ago uh we will not

2399
01:54:36,079 --> 01:54:37,880
have an approved comprehensive plan in

2400
01:54:37,880 --> 01:54:40,440
three months along with the required

2401
01:54:40,440 --> 01:54:43,880
changes in the uh code to support the

2402
01:54:43,880 --> 01:54:46,440
new moratorium or to support the new

2403
01:54:46,440 --> 01:54:49,520
comprehensive plan so I'm not quite sure

2404
01:54:49,520 --> 01:54:51,679
what what we're doing here um I think

2405
01:54:51,679 --> 01:54:53,800
we're going to be if this passes we're

2406
01:54:53,800 --> 01:54:55,920
going to be back at this again in March

2407
01:54:55,920 --> 01:54:58,199
because we won't have a new

2408
01:54:58,199 --> 01:55:01,040
comprehensive plan and the required

2409
01:55:01,040 --> 01:55:06,520
changes in code to support it and I just

2410
01:55:06,520 --> 01:55:11,440
am concerned that this just drags on and on so thank you thanks for your

2411
01:55:11,440 --> 01:55:15,109
comment uh Mr

2412
01:55:15,119 --> 01:55:18,599
Mars uh yes

2413
01:55:18,599 --> 01:55:20,480
um

2414
01:55:20,480 --> 01:55:22,840
I would certainly we certainly did uh

2415
01:55:22,840 --> 01:55:25,320
have debate and pretty good discussion

2416
01:55:25,320 --> 01:55:27,079
about this at the last work session so

2417
01:55:27,079 --> 01:55:29,320
anybody that's in the audience tonight

2418
01:55:29,320 --> 01:55:30,840
that needs a little more background

2419
01:55:30,840 --> 01:55:32,639
about the decisions tonight um I would

2420
01:55:32,639 --> 01:55:36,159
certainly refer you to that work session

2421
01:55:36,159 --> 01:55:40,239
um we've got a public uh we've got a

2422
01:55:40,239 --> 01:55:44,719
um a public meeting scheduled in

2423
01:55:44,719 --> 01:55:46,480
November for this I know we're taking

2424
01:55:46,480 --> 01:55:49,639
public comment now I don't under

2425
01:55:49,639 --> 01:55:52,320
estimate public comment on this either I

2426
01:55:52,320 --> 01:55:53,599
think that

2427
01:55:53,599 --> 01:55:57,360
U there's going to be some um forces

2428
01:55:57,360 --> 01:55:59,639
against some of the things that um

2429
01:55:59,639 --> 01:56:02,629
they're

2430
01:56:02,639 --> 01:56:05,560
proposing um in my mind extending the

2431
01:56:05,560 --> 01:56:07,960
moratorium for three months does make

2432
01:56:07,960 --> 01:56:11,760
sense um and it does give Council in my

2433
01:56:11,760 --> 01:56:13,360
mind it gives it's going to give Council

2434
01:56:13,360 --> 01:56:15,280
the time it needs to do what it to do

2435
01:56:15,280 --> 01:56:16,840
its part at the end of this I'm

2436
01:56:16,840 --> 01:56:19,159
confident that uh we're going to get

2437
01:56:19,159 --> 01:56:20,320
this done

2438
01:56:20,320 --> 01:56:23,840
um first part of next year I do not see

2439
01:56:23,840 --> 01:56:26,560
how I could support any additional

2440
01:56:26,560 --> 01:56:29,320
extensions of the moratorium uh but I in

2441
01:56:29,320 --> 01:56:34,199
my opinion All Things Considered today I think we've got this in hand they've

2442
01:56:34,199 --> 01:56:35,800
been working very hard there's a draft

2443
01:56:35,800 --> 01:56:37,159
plan that's in front of everybody and

2444
01:56:37,159 --> 01:56:41,079
the Public's reviewing it now um there

2445
01:56:41,079 --> 01:56:42,719
could be some changes on the council

2446
01:56:42,719 --> 01:56:45,840
level uh once it gets there um but I

2447
01:56:45,840 --> 01:56:48,000
don't see that dragging on at all I

2448
01:56:48,000 --> 01:56:50,400
think uh we're going to vote some of

2449
01:56:50,400 --> 01:56:54,560
that up and down and um I think we uh I

2450
01:56:54,560 --> 01:56:56,079
can see the Finish Line on this so I'm

2451
01:56:56,079 --> 01:57:01,840
in support of three months um thank you Greg and lastly Keith yeah

2452
01:57:01,840 --> 01:57:03,679
thank you mayor so yeah I definitely

2453
01:57:03,679 --> 01:57:06,000
support this I was in favor of a 12mon

2454
01:57:06,000 --> 01:57:08,760
moratorium to start with and that was

2455
01:57:08,760 --> 01:57:11,280
what was requested to do the job and

2456
01:57:11,280 --> 01:57:13,679
we're getting very close and hopefully

2457
01:57:13,679 --> 01:57:16,880
we will cross that Finish Line soon

2458
01:57:16,880 --> 01:57:19,159
thank you okay thank you okay we have a

2459
01:57:19,159 --> 01:57:21,040
motion we have a second now is time to

2460
01:57:21,040 --> 01:57:25,400
vote all all those in favor say I I I

2461
01:57:25,400 --> 01:57:28,800
post no and the motion passes four to

2462
01:57:28,800 --> 01:57:29,960
one thank you

2463
01:57:29,960 --> 01:57:33,440
everybody uh next U that's the end

2464
01:57:33,440 --> 01:57:35,719
correct yes it is um at this point we

2465
01:57:35,719 --> 01:57:37,400
have five minutes left you're welcome to

2466
01:57:37,400 --> 01:57:40,400
that time but be aware yes I think I can

2467
01:57:40,400 --> 01:57:44,239
kind of close out this thing so

2468
01:57:44,239 --> 01:57:47,639
um so what it's clear from the debate

2469
01:57:47,639 --> 01:57:50,639
the minutes and what you've just watched

2470
01:57:50,639 --> 01:57:51,960
is that the council believed the

2471
01:57:51,960 --> 01:57:55,159
moratorium would expire on December 19th

2472
01:57:55,159 --> 01:57:57,360
2021 that they wanted to extend the

2473
01:57:57,360 --> 01:58:00,079
moratorium for three additional months

2474
01:58:00,079 --> 01:58:01,320
and if they passed this second

2475
01:58:01,320 --> 01:58:06,149
resolution it would expire on March 19th

2476
01:58:06,159 --> 01:58:09,079
2022 it's also nice to see that Council

2477
01:58:09,079 --> 01:58:11,760
councilman jorski made the point seemed

2478
01:58:11,760 --> 01:58:13,560
to be ignored by everybody else on the

2479
01:58:13,560 --> 01:58:16,000
council that even with this three- Monon

2480
01:58:16,000 --> 01:58:17,840
extension the moratorium would expire

2481
01:58:17,840 --> 01:58:20,040
before the comprehensive plan and the

2482
01:58:20,040 --> 01:58:23,440
implementing ordinances would be

2483
01:58:23,440 --> 01:58:27,119
passed I prepared a transcript of this I

2484
01:58:27,119 --> 01:58:29,199
don't know whether you want it for

2485
01:58:29,199 --> 01:58:31,159
guidance it's just a literally the

2486
01:58:31,159 --> 01:58:34,280
transcript of what you read I it's in

2487
01:58:34,280 --> 01:58:35,960
your book and if you want me to offer it

2488
01:58:35,960 --> 01:58:37,440
as an exhibit so that you have it in the

2489
01:58:37,440 --> 01:58:39,520
record yes put it in exhibit okay so

2490
01:58:39,520 --> 01:58:42,199
that would be exhibit

2491
01:58:42,199 --> 01:58:48,310
29

2492
01:58:48,320 --> 01:58:57,270
288

2493
01:58:57,280 --> 01:58:59,440
and I I'll submit the minutes of the

2494
01:58:59,440 --> 01:59:01,719
Town council meeting of September 16th

2495
01:59:01,719 --> 01:59:07,750
2021 as exhibit

2496
01:59:07,760 --> 01:59:10,079
29 just for the record I'm be objecting

2497
01:59:10,079 --> 01:59:13,079
to both of those all

2498
01:59:13,079 --> 01:59:18,229
over

2499
01:59:18,239 --> 01:59:24,310
almost

2500
01:59:24,320 --> 01:59:27,599
okay so that is a pretty good stopping

2501
01:59:27,599 --> 01:59:30,599
point for the next segment that will

2502
01:59:30,599 --> 01:59:32,560
kind of wrap up why a lot of that was

2503
01:59:32,560 --> 01:59:33,880
relevant

2504
01:59:33,880 --> 01:59:36,239
and we'll see you at the next hearing I

2505
01:59:36,239 --> 01:59:38,079
believe thank you um at this point in

2506
01:59:38,079 --> 01:59:41,760
time EXC yes um I know one of the things

2507
01:59:41,760 --> 01:59:43,599
that we were told is that you have

2508
01:59:43,599 --> 01:59:45,440
public comment this evening yes there

2509
01:59:45,440 --> 01:59:47,239
will not be public comment this evening

2510
01:59:47,239 --> 01:59:49,800
uh public comment will happen that's not

2511
01:59:49,800 --> 01:59:52,040
the way it goes I'm sorry but that's the

2512
01:59:52,040 --> 01:59:53,960
way the rules are written for this type

2513
01:59:53,960 --> 01:59:56,000
of procedure I'd love to tell you and

2514
01:59:56,000 --> 01:59:56,960
maybe I should have told you at the

2515
01:59:56,960 --> 01:59:59,000
beginning that public comment you are

2516
01:59:59,000 --> 02:00:00,560
going to have all the time you want to

2517
02:00:00,560 --> 02:00:02,239
give public comment but the order of

2518
02:00:02,239 --> 02:00:04,119
operations here is that the case is

2519
02:00:04,119 --> 02:00:06,360
presented Town staff responds then

2520
02:00:06,360 --> 02:00:09,360
public is allowed to um to address it

2521
02:00:09,360 --> 02:00:10,560
will not be tonight it will not be

2522
02:00:10,560 --> 02:00:12,159
tonight it will probably not be next

2523
02:00:12,159 --> 02:00:13,920
time as well the last estimate we had

2524
02:00:13,920 --> 02:00:15,079
was that this would be approximately

2525
02:00:15,079 --> 02:00:17,320
eight hours your public comment has a

2526
02:00:17,320 --> 02:00:20,400
real basic effect on what's going on

2527
02:00:20,400 --> 02:00:23,040
here I think a lot of time is being

2528
02:00:23,040 --> 02:00:25,440
wasted I don't know why this isn't being

2529
02:00:25,440 --> 02:00:27,639
presented in front of a judge okay

2530
02:00:27,639 --> 02:00:28,920
because that's all we're hearing back

2531
02:00:28,920 --> 02:00:31,079
here at least that's all I'm hearing

2532
02:00:31,079 --> 02:00:33,000
decisions that you guys can make in

2533
02:00:33,000 --> 02:00:34,920
regards to what he's bringing up this

2534
02:00:34,920 --> 02:00:36,639
was presentant a judge has passed this

2535
02:00:36,639 --> 02:00:39,159
back down to us for some judgment that

2536
02:00:39,159 --> 02:00:41,119
they can then consider if it should move

2537
02:00:41,119 --> 02:00:42,960
to that case but the order of operations

2538
02:00:42,960 --> 02:00:46,000
from the circuit court is that the um we

2539
02:00:46,000 --> 02:00:48,079
need to come to a ruling here on this

2540
02:00:48,079 --> 02:00:51,440
board for to continue on its legal path

2541
02:00:51,440 --> 02:00:54,639
and the um this board this is the first

2542
02:00:54,639 --> 02:00:56,440
time we've heard anything like this and

2543
02:00:56,440 --> 02:00:58,040
so we're learning along with you but we

2544
02:00:58,040 --> 02:00:59,880
are going to follow the rules that are

2545
02:00:59,880 --> 02:01:02,119
set up same stuff that came up in 19 I'm

2546
02:01:02,119 --> 02:01:06,119
hearing the same thing um the

2547
02:01:06,119 --> 02:01:09,520
19th I think Public public comment is

2548
02:01:09,520 --> 02:01:12,679
very important in this case I mean I

2549
02:01:12,679 --> 02:01:14,920
just I I don't even know why it's going

2550
02:01:14,920 --> 02:01:20,119
to go any further if public comment was

2551
02:01:20,119 --> 02:01:22,920
you able to present it public comment is

2552
02:01:22,920 --> 02:01:25,320
entirely welcome and I'm sorry that you

2553
02:01:25,320 --> 02:01:27,760
can't comment during this meeting and

2554
02:01:27,760 --> 02:01:29,480
possibly the next one and maybe the one

2555
02:01:29,480 --> 02:01:31,760
after that the the plan of here is going

2556
02:01:31,760 --> 02:01:34,560
to testify for eight hours right is that

2557
02:01:34,560 --> 02:01:35,760
the

2558
02:01:35,760 --> 02:01:38,760
ballpark six and six and a half hours at

2559
02:01:38,760 --> 02:01:41,040
the end of that come for six ands yes

2560
02:01:41,040 --> 02:01:43,679
that is his presentation his right based

2561
02:01:43,679 --> 02:01:48,030
on what he is asking of this board here

2562
02:01:48,040 --> 02:01:49,639
today

2563
02:01:49,639 --> 02:01:52,239
what are our rights uh your rights are

2564
02:01:52,239 --> 02:01:54,239
to testify when it and as the public

2565
02:01:54,239 --> 02:01:57,159
when it is time to receive your comments

2566
02:01:57,159 --> 02:01:58,400
you're welcome to give them at the

2567
02:01:58,400 --> 02:02:00,079
stadium and you're welcome to write to

2568
02:02:00,079 --> 02:02:01,639
them to write to us if you'd like to

2569
02:02:01,639 --> 02:02:03,079
deliver in letters we will read it out

2570
02:02:03,079 --> 02:02:05,440
for this board at the appropriate time

2571
02:02:05,440 --> 02:02:08,199
we would love to have public comment but

2572
02:02:08,199 --> 02:02:09,880
unfortunately there's a lot going on

2573
02:02:09,880 --> 02:02:11,880
here and we have to public comments are

2574
02:02:11,880 --> 02:02:14,679
directed to you how it is really to the

2575
02:02:14,679 --> 02:02:17,480
Donovan family unfortunately I don't

2576
02:02:17,480 --> 02:02:19,639
know if that's you're

2577
02:02:19,639 --> 02:02:22,320
I think it should I think they should

2578
02:02:22,320 --> 02:02:23,440
drop the

2579
02:02:23,440 --> 02:02:26,280
appeal we will receive your public

2580
02:02:26,280 --> 02:02:28,520
comments with regards to this case and

2581
02:02:28,520 --> 02:02:32,079
with regards to the five site plans and

2582
02:02:32,079 --> 02:02:34,760
how the process went for that um this is

2583
02:02:34,760 --> 02:02:37,159
not a referendum on the donovans or

2584
02:02:37,159 --> 02:02:40,280
other business within the town uh our

2585
02:02:40,280 --> 02:02:43,000
scope is narrow here which is why we're

2586
02:02:43,000 --> 02:02:45,599
trying to understand The Narrative of

2587
02:02:45,599 --> 02:02:47,719
what happened for these past three or

2588
02:02:47,719 --> 02:02:50,320
four years and allow the story to be

2589
02:02:50,320 --> 02:02:52,119
presented so that then we can understand

2590
02:02:52,119 --> 02:02:54,480
and come to a judgment which can then go

2591
02:02:54,480 --> 02:02:57,679
farther in the legal realm if that is

2592
02:02:57,679 --> 02:02:59,679
what's to happen we will certainly take

2593
02:02:59,679 --> 02:03:01,960
public comment we don't mean to keep you

2594
02:03:01,960 --> 02:03:03,760
from giving public comment and we

2595
02:03:03,760 --> 02:03:05,440
certainly don't want you to sit here if

2596
02:03:05,440 --> 02:03:06,840
you feel like you're just waiting to

2597
02:03:06,840 --> 02:03:08,840
give it you are welcome to write it and

2598
02:03:08,840 --> 02:03:11,719
we will read it back uh when it is time

2599
02:03:11,719 --> 02:03:13,920
for public comments if you feel like

2600
02:03:13,920 --> 02:03:15,639
this is too much of your own time spent

2601
02:03:15,639 --> 02:03:18,440
here tonight so I I apologize if I was

2602
02:03:18,440 --> 02:03:19,840
learning something new and I'm not

2603
02:03:19,840 --> 02:03:22,800
hearing anything new

2604
02:03:22,800 --> 02:03:26,840
um I've read the minutes I've watched

2605
02:03:26,840 --> 02:03:29,880
the eight minute videos and stuff it

2606
02:03:29,880 --> 02:03:32,360
just seems like a real waste of time to

2607
02:03:32,360 --> 02:03:35,079
me a lot of the information for me but

2608
02:03:35,079 --> 02:03:36,840
anybody else that has their opinion that

2609
02:03:36,840 --> 02:03:39,800
they want to give on this entire Fiasco

2610
02:03:39,800 --> 02:03:42,440
unfortunately that's the prerogative of

2611
02:03:42,440 --> 02:03:45,239
the presentation the the presentation

2612
02:03:45,239 --> 02:03:47,480
we're receiving tonight is we want them

2613
02:03:47,480 --> 02:03:49,239
and they're given the chance to present

2614
02:03:49,239 --> 02:03:51,280
first and up until it's conclusion

2615
02:03:51,280 --> 02:03:53,440
people that they in the right in less

2616
02:03:53,440 --> 02:03:55,320
than six and a half hours then you need

2617
02:03:55,320 --> 02:03:59,119
to re recheck what um thank you for your

2618
02:03:59,119 --> 02:04:01,079
comment um you are welcome to give it in

2619
02:04:01,079 --> 02:04:03,679
writing or when we open up public

2620
02:04:03,679 --> 02:04:06,320
comments it

2621
02:04:06,320 --> 02:04:10,000
is um so uh at this time I'll entertain

2622
02:04:10,000 --> 02:04:11,599
a motion to adjourn the meeting until

2623
02:04:11,599 --> 02:04:15,760
November 8th at 7M here in town hall

2624
02:04:15,760 --> 02:04:18,079
thank you do I have a second I will make

2625
02:04:18,079 --> 02:04:19,800
that motion

2626
02:04:19,800 --> 02:04:22,520
oh sorry motion second all in

2627
02:04:22,520 --> 02:04:26,040
favor thank you we are adjourned until

2628
02:04:26,040 --> 02:04:38,549
November 8th at 7

2629
02:04:38,559 --> 02:04:41,559
P.M