2012-02-01 / Opinions & Letters

Commissioners are up against a wall…

Carroll County Commissioners have probably backed themselves into the corner with the proposed zoning ordinance. They did not get a legal notice published in the Comet at least 10 days before the Monday (Feb. 6) public hearing, where the document could conceivably have been adopted, rejected or amended.

They must take action Monday and it seems that legally they may not be able to. Failure to take action at the meeting will result in the proposed ordinance becoming law without changes. Commissioners had 90 days to act and their 90 days will expire Monday. Oops!

We suggest commissioners look closely at the manner in which the document was certified to them by the Area Plan Commission. Was there publication in the Comet at least 10 days prior to the public hearing held April 26? Did the president of the commission state that the hearing had begun? Did he state that the hearing had closed at the end?

According to approved minutes from that meeting, the commission voted in April to send the document back to the zoning steering committee for further review. That sounds like changes were expected to be made. A formal presentation of Draft #2 was given to the Area Plan Commission at the Sept. 27 meeting (again, according to the approved minutes on file in the zoning administrator’s office). Changes had been made to the first draft, i.e., it was not the same document. APC members conducted a “continued discussion” of the document Oct. 25 at the public meeting. In no place in the minutes is there a reference to opening or closing a public hearing. The words “public hearing” do not appear in the official record of the meeting. However, there was a unanimous vote to certify Draft #2 to the county commissioners at the meeting.

Commissioners, who we are sure want to do the right thing, are urged to closely examine the process from which they were presented this document by the Carroll County Area Plan Commission. There could be a remedy contained in the facts of the events leading to their current situation.

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