[MDP Annual Report]
[Reasonable Accommodation Draft Regulations]
[BZA Update]
[Cannabis Regulations]
[Department Update]
[Planning Commissioners Open Discussion]
[15:37:06]
[15:37:24]
SO, IT'S RECORDING.[15:37:28]
OKAY. GOOD EVENING, EVERYONE.[15:37:30]
WELCOME TO THE JUNE 12, 2024, CAROLINE COUNTY PLANNING COMMISSION MEETING.[15:37:36]
BOTH MR.[15:37:37]
JACKSON, OUR CHAIRMAN, AND MISS CAWLEY, OUR VICE CHAIRMAN, ARE UNAVAILABLE THIS EVENING, SO I WILL BE CHAIRING THE MEETING.[15:37:49]
OUR FIRST AGENDA ITEM IS A PLANNING COMMISSION REVIEW AND COMMENT.[15:37:54]
SO. AND THAT STARTS OFF WITH A MDP ANNUAL REPORT.[15:38:01]
SO, THIS IS THE MARYLAND DEPARTMENT OF PLANNING REQUIRES ALL JURISDICTIONS TO SUBMIT A REPORT ANNUALLY THAT TRACKS KIND OF[15:38:10]
GENERAL STATISTICS ABOUT GROWTH AND DEVELOPMENT IN THE COUNTY.[15:38:15]
MUNICIPALITIES ALSO REPORT THIS INFORMATION.[15:38:18]
SO, THIS REPORT IS FOR THE UNINCORPORATED AREA OF THE COUNTY.[15:38:21]
IT DOES NOT INCLUDE MUNICIPAL DEVELOPMENT STATISTICS.[15:38:26]
I'LL GIVE YOU THE HIGHLIGHTS OF THE YEAR THAT WE'RE REPORTING ON.[15:38:31]
AND THEN THIS YEAR WE ARE ALSO DUE FOR A FIVE-YEAR MID CYCLE REPORT, WHICH TALKS MORE GENERALLY ABOUT TRENDS OVER THE LAST 4 TO 5[15:38:41]
YEARS. SO, WE'LL DO THAT ONE NEXT.[15:38:44]
THE REPORT IS IT'S THE 2024 REPORT, BUT IT IS REPORTING ON 2023 STATISTICS.[15:38:51]
SO, BEAR THAT IN MIND.[15:38:54]
I'LL GO THROUGH KIND OF THE HIGHLIGHTS OF THIS.[15:38:56]
AND THEN IF YOU ALL HAVE ANY QUESTIONS YOU CAN LET ME KNOW.[15:38:58]
SO, ALL THESE STATS ARE UP UNTIL JANUARY 1ST OF THIS YEAR.[15:39:02]
CORRECT CALENDAR YEAR 2023.[15:39:06]
SO, IT'S SORT OF LOOKING BACK THE TOTAL NUMBER OF RESIDENTIAL PERMITS THAT WERE ISSUED IN THE COUNTY, AND THIS IS FOR NEW[15:39:15]
RESIDENTIAL CONSTRUCTION.[15:39:17]
SO, AND THAT INCLUDES STICK BUILT MODULAR AND MOBILE HOMES AND DOES NOT INCLUDE REPLACEMENT DWELLINGS.[15:39:28]
OKAY. WE HAD A TOTAL OF 33 NEW PERMITS DEPARTMENT OF PLANNING TRACKS, WHETHER THEY WERE INSIDE OR OUTSIDE OF PRIORITY FUNDING[15:39:37]
AREAS. AND AS IN YEARS PAST, THE OVERWHELMING MAJORITY IS OUT IN THE UNINCORPORATED AREA, GENERALLY SMALL, NO[15:39:47]
MAJOR SUBDIVISION OR MINOR SUBDIVISION DEVELOPMENT.[15:39:51]
THEY'RE ALSO TRACKING LAND PRESERVED ACREAGE PRESERVED.[15:39:55]
THIS DOES NOT INCLUDE, AND IT SPECIFICALLY IS TO EXCLUDE THE MOUTH EASEMENT PROGRAM.[15:40:01]
SO, IN 2023 THE ONLY AGRICULTURAL EASEMENT THAT WAS PURCHASED WAS THROUGH THE RURAL LEGACY PROGRAM.[15:40:11]
AND THAT'S HANDLED BY EASTERN SHORE LAND CONSERVANCY.[15:40:15]
IT WAS 103 ACRES, ABOUT $420,000 PURCHASE.[15:40:24]
IN 2023 WE DIDN'T HAVE ANYTHING SIGNIFICANT IN THE WAY OF ZONING OR LAND USE PATTERN CHANGES.[15:40:30]
WE'RE NOT DUE FOR THE DEVELOPMENT CAPACITY ANALYSIS UNTIL THE NEXT COMPREHENSIVE REZONING, WHICH WILL FOLLOW THE COMPREHENSIVE PLAN UPDATE.[15:40:38]
SO 2 TO 3 YEARS AND THEN WE'LL DO A COMPLETE DEVELOPMENT CAPACITY ANALYSIS.[15:40:45]
ASSUMING THAT WE MAKE SOME CHANGES TO ZONING AND DEVELOPMENT REGS, WHAT'S ALLOWED WHERE AND DENSITY ESSENTIALLY.[15:40:53]
SO, THEY ALSO ASKED US TO SUMMARIZE ANY POTENTIAL FUTURE LAND USE CHALLENGES AND ISSUES BOTH IN THIS ANNUAL REPORT AND AGAIN IN THE FIVE-YEAR[15:41:03]
TREND REPORT.[15:41:05]
AND ANY INPUT YOU GUYS HAVE TO ADD TO THIS, I'M HAPPY TO HEAR.[15:41:11]
I FELT THAT OUR TWO BIGGEST ONES WERE GOING TO BE THE IMPACTS TO OUR RURAL AND AG LAND POLICIES TO ACCOMMODATE RENEWABLE ENERGY REQUIREMENTS THAT[15:41:21]
THE STATE IS ISSUING AND HOUSING, YOU KNOW, THE PUSH TO OPEN UP MORE DEVELOPMENT POTENTIAL FOR HOUSING, PARTICULARLY[15:41:31]
AFFORDABLE HOUSING.[15:41:32]
AND THEN WHATEVER BITE SOLAR DEVELOPMENT COULD BE TAKING OUT OF OUR AG PRESERVATION EFFORTS, I THINK ARE TWO BIG GENERAL[15:41:41]
CHALLENGES. UP AHEAD IN THE NEXT FEW YEARS.[15:41:48]
AND THOSE ARE THE HIGHLIGHTS.[15:41:50]
THIS IS FOR THE ONE-YEAR REPORT.[15:41:53]
FOR THIS REPORT, IT'S REQUIRED THAT YOU ALL REVIEW IT.[15:41:57]
AND IF YOU HAVE ANY CHANGES OR WANT TO MAKE ANY ADDITIONS, YOU LET ME KNOW AND I'LL MAKE THOSE.[15:42:01]
AND THEN WE SUBMIT IT TO MARYLAND DEPARTMENT OF PLANNING.[15:42:04]
AND THEN AT THE END OF THE YEAR, THEY ASSEMBLE A STATEWIDE REPORT BASED ON THE JURISDICTIONS REPORTING IN THAT KIND OF LOOKS AT THESE ARE THE TRENDS RURAL AND URBAN[15:42:13]
COUNTIES. WHY DO THEY DIFFERENTIATE BETWEEN THE MOUTH EASEMENTS AND THE EASTERN SHORE LAND CONSERVANCY EASEMENTS?[15:42:22]
DO YOU HAVE ANY IDEA?[15:42:24]
I THINK BECAUSE MARYLAND DEPARTMENT OF PLANNING KNOWS ABOUT THE MOUTH EASEMENTS, BECAUSE THEY'RE STATE FUNDED.[15:42:30]
SO, THEY'RE TRYING TO CAPTURE SMALLER CONSERVATION PROGRAMS AND LOCAL LAND TRUSTS.[15:42:36]
IN OUR CASE, IT'S REALLY RURAL LEGACY THROUGH EASTERN SHORE LAND CONSERVANCY.[15:42:40]
BUT A LOT OF COUNTIES HAVE THEIR OWN SMALL LIKE I THINK CHARLES COUNTY HAS ONE.[15:42:44]
AND I THINK WICOMICO HAS ONE THAT THE COUNTY ACTUALLY FUNDS AND DOES ENTIRELY IN-HOUSE.[15:42:49]
SO, THEY'RE TRYING TO CAPTURE ALL THOSE EFFORTS ALSO.[15:42:55]
THE FIVE-YEAR REPORT LOOKS AT TRENDS OVER BOTH THIS PAST YEAR, 2023, AND THEN[15:43:05]
THE FOUR PRECEDING YEARS.[15:43:09]
AND CRYSTAL MAY BE ABLE TO.[15:43:10]
IF YOU HAVE ANY QUESTIONS ABOUT DEVELOPMENT TRENDS YOU CAN SEE STARTING IN 2019.[15:43:16]
WE'VE HAD A GRADUAL DOWN SLIDE.[15:43:21]
I'M SURE.[15:43:24]
COVID SUPPLY CHAIN ISSUES PROBABLY KICKED IN AT SOME POINT, AND I THINK WE MAY BE BEGINNING TO SEE, PARTICULARLY IN 2022 AND 2023,[15:43:34]
WHERE INFLATION IMPACTS ARE PROBABLY IMPACTING CONSTRUCTION NUMBERS.[15:43:43]
AND I KNOW WE DID AFTER COVID, YOU KNOW, CONTINUE TO HEAR CONTRACTORS STATE YOU KNOW ONE POINT.[15:43:53]
COULDN'T GET TOILETS.[15:43:54]
ANOTHER TIME YOU COULDN'T GET GARAGE DOORS.[15:43:56]
AND IT WAS ALL, YOU KNOW DUE TO MANUFACTURING.[15:43:59]
AND I THINK THAT HAD SOME IMPACT ON HOME CONSTRUCTION.[15:44:09]
IN TERMS OF THE COMPREHENSIVE PLAN IMPLEMENTATION GOALS.[15:44:13]
THE BIGGEST THING THAT THAT OCCURRED FOLLOWING THE COMP PLAN UPDATE IN 2010 WAS THE COMPREHENSIVE REZONING WHERE WE CREATED THE[15:44:23]
RURAL VILLAGE ZONE TO SPUR SOME DEVELOPMENT, BOTH RESIDENTIAL AND COMMERCIAL.[15:44:29]
AND THEN ALSO THE CHANGES WE MADE TO THE UNDEVELOPED LAND IN THE R1 DISTRICTS WHERE WE ZONED IT BACK TO OUR RESIDENTIAL.[15:44:37]
SO THOSE WERE PRETTY IMPACTFUL IN TERMS OF DEVELOPMENT.[15:44:40]
IN THE PAST, WE HAVEN'T HAD ANYTHING THAT DRAMATIC SINCE THAT TIME.[15:44:49]
THE ONLY CHANGES THAT WE SEE COMING POTENTIALLY TO OUR UPCOMING COMP PLAN UPDATE IS GOING TO BE AS A RESULT OF HB 90, WHICH IS THE FAIR HOUSING AND AFFORDABLE[15:44:59]
HOUSING LEGISLATION THAT WAS PASSED WHERE WE ADDRESSED THAT SPECIFICALLY IN THE HOUSING ELEMENT OF THE COMP PLAN.[15:45:04]
AND AGAIN, THAT WILL BE WHERE WE LOOK AT THE POTENTIAL TO DIRECT HOUSING TO SOME OF OUR RURAL VILLAGES AND[15:45:14]
PRIORITY FUNDING AREAS WHERE WE CAN SEE AN OPPORTUNITY TO INCREASE HOUSING POTENTIAL IN THOSE AREAS.[15:45:21]
SO THAT'S WHAT WE SEE COMING UP IN THE NEXT COUPLE OF YEARS AS POTENTIAL LAND USE CHANGES IN SUPPORT OF HOUSING GOALS.[15:45:29]
AND AGAIN, I JUST REITERATED THAT STATE INITIATIVES CAN IMPACT OUR LOCAL PLANNING EFFORTS IN TERMS OF PRESERVATION AND WHERE WE WANT[15:45:38]
DEVELOPMENT TO HAPPEN, WHETHER IT'S RESIDENTIAL DEVELOPMENT OR SIMPLY DEVELOPMENT OF RURAL LAND, LIKE WITH SOLAR DEVELOPMENT.[15:45:46]
WE SEE THAT AS BEING SOMETHING THAT IS GOING TO BE TRICKY TO, TO ADJUST TO AND, AND, AND MAKE WORK IN OUR[15:45:56]
WORLD. CAN YOU TOUCH ON WHAT THE PRIORITY FUNDING AREAS ARE, PRIORITY FUNDING AREAS ARE.[15:46:02]
THEY WERE ESTABLISHED ORIGINALLY, I BELIEVE, IN THE 70S AND 80S.[15:46:08]
THEY WENT TO EACH COUNTY AND SAID, ASIDE FROM WHERE YOUR TOWNS ARE, WHERE DO YOU FORESEE POTENTIAL TOWN DEVELOPMENT BASED ON YOUR OWN GROWTH[15:46:18]
PATTERNS AND WHERE?[15:46:19]
AND ESSENTIALLY EVERYBODY LOOKED AT THEIR RURAL CROSSROADS, WHERE THERE WAS SORT OF THE BEGINNING OF WHAT COULD HAVE EVENTUALLY EVOLVED INTO A TOWN, BUT IT HADN'T QUITE GOTTEN[15:46:27]
THERE YET MOSTLY BASED ON TRADE, TRANSPORTATION ROUTES, INDUSTRIES IN THE AREA, AND DIRECTED THEM TO DECLARE THOSE AREAS WHERE[15:46:37]
THEY WANTED A PRIORITY PLACED ON DEVELOPMENT OF WATER, SEWER, ANY KIND OF INFRASTRUCTURE.[15:46:43]
AND THOSE AREAS WERE DETERMINED TO BE PRIORITY FOR THAT KIND OF FUNDING.[15:46:48]
IF YOU DECLARE THAT TO BE AN AREA WHERE YOU THOUGHT THIS, IT WILL FIT, THEY WILL PRIORITIZE FUNDING TO THOSE AREAS AS OPPOSED TO OUT IN THE COUNTY.[15:46:56]
IT WAS SORT OF A IT WAS A SMART GROWTH TOOL.[15:46:59]
BUT THERE WAS ALSO A VERY GOOD EXERCISE FOR LOOKING DOWN THE ROAD.[15:47:05]
CAROLINE COUNTY OPTED NOT TO DO THAT, SO THE STATE DID IT FOR US.[15:47:10]
I DON'T KNOW WHAT THE REASONING WAS.[15:47:12]
THIS WAS A MILLION YEARS AGO.[15:47:14]
AND THE STATE LOOKED AT OUR RURAL VILLAGES ESSENTIALLY AND SAID, WELL, THAT MAKES SENSE.[15:47:18]
AND THAT MAKES SENSE. SO, THE STATE ACTUALLY DELINEATED WHERE OUR PRIORITY FUNDING AREAS ARE.[15:47:27]
THE OTHER PLACE YOU SEE THEM LOCATED IS GENERALLY COMING AND GOING FROM TOWNS.[15:47:33]
WE HAVE A LOT OF LINEAR PRIORITY FUNDING AREAS DOWN MAJOR HIGHWAYS LIKE 313.[15:47:37]
YES. THEY LOOKED AT WHERE INDUSTRY WAS DEVELOPING, AND YOU NATURALLY WANT INFRASTRUCTURE TO SUPPORT INDUSTRY.[15:47:42]
AND MOST TOWNS WERE PUTTING THOSE KINDS OF INDUSTRIAL PARKS AT THEIR PERIMETER, GENERALLY ON STATE ROADS.[15:47:47]
SO, AND NEAR RAILROADS.[15:47:49]
SO, OUR PRIORITY FUNDING AREAS FOLLOW OUR RURAL VILLAGE OUTLINES.[15:47:53]
AND GENERALLY, THOSE TRANSPORTATION ROUTES OUT OF TOWN WHERE INDUSTRIAL DEVELOPMENT, FOR THE MOST PART WAS HAPPENING.[15:48:00]
AND IN SOME COMMERCIAL DEVELOPMENT WE HAVE THE ABILITY TO, TO DELINEATE NEW PFAS.[15:48:08]
AND I THINK ALTHOUGH I'VE HEARD IT'S ALMOST IMPOSSIBLE, YOU CAN UNDO PFA DESIGNATION, BUT THAT'S A, THAT'S A SLIPPERY SLOPE BECAUSE[15:48:18]
ONCE YOU TAKE IT AWAY, I DON'T THINK THEY'LL GIVE IT BACK.[15:48:20]
RIGHT. SO, IT'S GOOD TO HOLD ON TO WHAT YOU HAVE.[15:48:23]
AND IT'S GOOD TO EVERY SO OFTEN LOOK AND SEE.[15:48:26]
ARE WE MISSING AN AREA OF OPPORTUNITY WHERE WE THINK DOWN THE ROAD?[15:48:30]
AND I THINK OF, YOU KNOW, SMALL PARCELS IN OUR RURAL VILLAGES THAT ARE GOING TO BE HURTING BECAUSE OF SEPTIC OR WATER NEEDS.[15:48:40]
WE'RE LUCKY TO HAVE THAT PFA DESIGNATION BECAUSE THAT ENABLES YOU TO FREELY APPLY FOR FUNDING FOR WATER AND SEWER.[15:48:47]
SO, IT'S IMPORTANT.[15:48:48]
WE SHOULD PROBABLY AT SOME POINT REVIEW THAT IS THAT IN THE COMP PLAN.[15:48:52]
IS THAT A STEP IN THE THAT'S A SECTION OF THE COMP PLAN.[15:48:55]
AND WE LOOK AT AND WE WILL BE IN THIS ITERATION FOR THE HOUSING POTENTIAL.[15:49:01]
AND THEN THE DISCUSSION OF WHAT KIND OF INFRASTRUCTURE NEEDS WOULD WE HAVE IF WE WERE TO INCREASE DEVELOPMENT POTENTIAL WITHIN THOSE RURAL VILLAGES.[15:49:08]
AND, AND ARE THERE OTHER AREAS THAT ARE, YOU KNOW, IN RECENT TREND BECOMING AREAS WHERE PEOPLE TEND ARE[15:49:18]
GRAVITATING, CONGREGATING?[15:49:20]
RIGHT. BECAUSE GENERALLY WHERE YOU HAVE A NEIGHBORHOOD FORM, EVENTUALLY SOMEBODY WANTS.[15:49:25]
A COFFEE SHOP, AND THEN THERE'S A PARK, AND THEN THERE'S A BUSINESS, AND THEN THERE'S A GARAGE, AND THEN YOU HAVE A LITTLE COMMUNITY.[15:49:33]
YEAH. SO, YOU COULD ALMOST CALL THEM.[15:49:36]
PRELIMINARY TOWNS.[15:49:38]
THAT DOESN'T GUARANTEE THAT THEY'LL BECOME AN INCORPORATED MUNICIPALITY, BUT THEY KIND OF FUNCTION AS SMALL LITTLE TOWNS.[15:49:46]
OKAY. SO, EITHER ONE OF YOU GENTLEMEN HAVE ANYTHING?[15:49:53]
QUESTIONS? SO, IF YOU ALL COULD[15:50:04]
IF YOU'RE SATISFIED WITH THIS, THEN WHAT I NEED IS YOUR APPROVAL TO FORWARD THIS TO THE MARYLAND DEPARTMENT OF PLANNING.[15:50:15]
OKAY. THINK OF POTENTIAL MOTION IS ON THE BOTTOM OF PAGE TWO.[15:50:28]
ACTION REQUESTED.[15:50:37]
THING AT THE BOTTOM OF THAT ONE, KEITH.[15:51:01]
YEAH, I'M JUST SAYING MOTION TO SEND THE ANNUAL REPORT.[15:51:05]
APPROVE AND FORWARD.[15:51:07]
OKAY. I'LL MAKE A MOTION THAT WE APPROVE AND FORWARD THE ANNUAL REPORT FOR.[15:51:15]
OKAY. CAROLYN PARKER PLANNING.[15:51:18]
SECOND MOTION AND SECOND.[15:51:20]
ALL IN FAVOR, SAY AYE.[15:51:22]
AYE. ALL OPPOSED.[15:51:24]
AYES HAVE IT. THANK YOU.[15:51:26]
YEP. OUR NEXT AGENDA ITEM IS A REASONABLE ACCOMMODATION DRAFT REGULATIONS.[15:51:34]
OKAY, SO IN YOUR PACKAGES.[15:51:37]
STUART WAS GRACIOUS ENOUGH WITH HIS KNOWLEDGE AND BACKGROUND WITH FAIR HOUSING.[15:51:44]
PRIOR TO COMING TO THE COUNTY HAS DRAFTED THESE REGULATIONS.[15:51:49]
AND IT CAME ABOUT BECAUSE WE HAD A SITUATION WHERE OUR CURRENT ZONING REGULATIONS RESTRICT[15:51:59]
SINGLE FAMILY RESIDENTIAL DWELLINGS TO EITHER EVERYONE RESIDING THERE IS ALL RELATED OR FOUR UNRELATED PERSONS, AND IN THIS CASE,[15:52:09]
THEY WERE SEEKING TO HAVE SIX UNRELATED PERSONS LIVING IN THIS HOUSE WITH SIX.[15:52:15]
IT WAS AN APARTMENT SITUATION WITH SIX BEDROOMS BUT WOULD NOT MEET OUR DEFINITION OF CODE FOR SINGLE FAMILY RESIDENTIAL.[15:52:22]
AND YOU KNOW, WE'RE CLAIMING THAT THERE WAS A DISABILITY AND BECAUSE OF THE ZONING BARRIER POTENTIALLY A BUILDING[15:52:31]
CODE OR SPRINKLER REQUIREMENT BARRIER OR SOMETHING OF THAT NATURE THAT WOULD PREVENT THEM OR CREATE A BARRIER FOR THEM TO, YOU KNOW, ACCOMMODATE THAT HOUSE.[15:52:41]
SO, THIS WOULD BE A PROCESS THAT WE WOULD ESTABLISH FOR SOMEONE TO REQUEST A REASONABLE ACCOMMODATION.[15:52:49]
THEY WOULD BE ASKING FOR FLEXIBILITY OR MAYBE A WAIVER OF A CERTAIN ZONING REQUIREMENT DUE TO A DISABILITY THAT WOULD ALLOW THEM[15:52:59]
TO PROCEED WITH THE, WITH THE HOUSING.[15:53:03]
THE DIFFERENCE IN THIS VERSUS A VARIANCE THAT THE BOARD OF ZONING APPEALS WOULD GRANT FOR A FOR A VARIANCE IN THE IN THE ZONING CHAPTER, IS THAT[15:53:12]
A VARIANCE GOES WITH THE LAND WHEREAS THIS WOULD BE WITH THE PERSON.[15:53:17]
SO ONCE THAT PERSON WOULD NO LONGER NEED THAT WAIVER EXCEPTION, THEN IT WOULD HAVE TO REVERT BACK TO THE[15:53:26]
REQUIREMENT. ANOTHER EXAMPLE I COULD GIVE YOU IS LET'S SAY IT'S A CRITICAL AREA.[15:53:32]
YOU HAD A WATERFRONT PROPERTY.[15:53:34]
YOU CAN'T CONSTRUCT ANYTHING IN THAT 100-FOOT BUFFER.[15:53:37]
SO CRITICAL AREA LAW WOULDN'T ALLOW YOU TO PUT A WALKWAY THAT YOU WOULDN'T NECESSARILY NEED.[15:53:42]
I MEAN, OUTSIDE OF A STEEP SLOPE WHERE YOU WOULD NEED STEPS TO ACCESS SOMETHING THAT WE COULD GRANT A VARIANCE TO.[15:53:48]
BUT JUST SIMPLY, YOU WANT A CONCRETE WALKWAY OR A PAVED WALKWAY TO ACCESS YOUR WATERFRONT, BUT YET YOU HAD A DISABILITY.[15:53:55]
MAYBE YOU WERE IN A WHEELCHAIR.[15:53:56]
SO YOU NEED TO BE ABLE TO TRAVERSE TO AND ACCESS YOUR WATERFRONT PROPERTY, AND YOU CAN'T WITHOUT THAT STABLE SURFACE.[15:54:01]
SO THIS WOULD BE A REASON THAT SOMEONE COULD REQUEST THAT ACCOMMODATION TO PUT IN THAT WALKWAY.[15:54:07]
BUT AGAIN, AT THE TIME, THEY WOULD NO LONGER NEED THAT OR THAT DISABILITY GOES AWAY.[15:54:12]
THAT WOULD HAVE TO BE REMOVED.[15:54:15]
SO, IT WOULDN'T, YOU KNOW, CONTINUE WITH THE LAND.[15:54:17]
SO, THIS WOULD BE THE PROCESS THAT WE WOULD ESTABLISH THAT WOULD GIVE SOMEONE THE OPPORTUNITY TO MAKE THE APPLICATION ALL OF THE REQUIREMENTS AND SUPPORTING DOCUMENTS THAT[15:54:27]
THEY WOULD HAVE TO PROVIDE TO US.[15:54:29]
AND THAT IS SOMETHING THAT WOULD COME TO THE PLANNING COMMISSION FOR REVIEW AND APPROVAL.[15:54:36]
OKAY. AND THERE ARE CERTAIN FINDINGS THAT THE PLANNING COMMISSION WOULD HAVE TO MAKE ON EITHER DENYING OR GRANTING THAT[15:54:46]
REASONABLE ACCOMMODATION REQUEST.[15:54:49]
SO, WHAT IF YOU WERE UP AGAINST YOUR IMPERVIOUS SURFACE CAP AND YOU NEEDED A HANDICAP RAMP OR SOMETHING LIKE THAT BECAUSE YOU WERE[15:54:58]
BECAME DISABLED?[15:55:00]
THIS WOULD BE A WAY TO GET AROUND THAT AS WELL.[15:55:03]
YES, IT WOULD.[15:55:04]
CORRECT ME IF I'M WRONG STUART, BUT THEY WOULD STILL HAVE TO COMPLY WITH CRITICAL AREA REQUIREMENTS.[15:55:09]
BUT YES, THEY ALSO HAVE TO ADHERE TO A REASONABLE ACCOMMODATION JUST LIKE THE COUNTY WOULD.[15:55:18]
CORRECT? RIGHT.[15:55:24]
BUT IF YOU WERE IF IT'S A CRITICAL AREA REQUIREMENT, RIGHT, YOU CAN'T GO OVER A CERTAIN PERCENTAGE FOR LOT COVERAGE SO THAT THEY THEN HAVE TO REMOVE[15:55:34]
SOME IMPERVIOUS SURFACE TO ACCOMMODATE.[15:55:38]
OR IF THIS RAMP WOULD PUT THEM OVER THEIR LOT COVERAGE, THEN THEY COULD SEEK THE REASONABLE ACCOMMODATION REQUEST.[15:55:45]
OKAY. AND CIRCUMVENT OR APPLY.[15:55:49]
THE OTHER OPTION IN THIS CASE WOULD BE APPLY FOR A VARIANCE FOR LOT COVERAGE, YOU KNOW, THROUGH THE BOARD OF ZONING APPEALS.[15:55:56]
BUT A SITUATION WHERE YOU WANTED A SINGLE-FAMILY DWELLING TO ACCOMMODATE MORE THAN FOUR UNRELATED PERSONS.[15:56:04]
AND THAT'S NOT SOMETHING THE BOARD OF ZONING APPEALS HAS THE ABILITY TO GRANT A VARIANCE TO.[15:56:08]
SO, THIS WOULD BE THOSE SORTS OF THINGS.[15:56:10]
WELL, THAT AND THAT TO ME IS EASIER BECAUSE THERE'S NO COST RAMIFICATION FOR IT GOING AWAY.[15:56:17]
SHOULD THE PROPERTY TRANSFER TO A DIFFERENT USE BACK TO A SINGLE-FAMILY USE.[15:56:21]
CORRECT. LIKE MY MY CONCERN IS IF YOU GIVE SOMEONE A REASONABLE ACCOMMODATION TO BECAUSE THEY'RE DISABLED TO BUILD A HANDICAP RAMP[15:56:31]
OR SOMETHING IN THE CRITICAL AREA, WHO'S GOING TO PAY TO HAVE IT REMOVED WHEN THAT DISABILITY IS NO LONGER THERE?[15:56:41]
THE INHERITING OR THE PURCHASING PROPERTY OWNER OR YOU KNOW WHAT IF WHAT IF THAT PERSON YOU KNOW DIED[15:56:51]
AND THE HUSBAND'S LEFT THERE AND NOW THE DISABILITY IS GONE.[15:56:55]
HE'S PERFECTLY, YOU KNOW, OR VICE VERSA.[15:56:59]
WHAT HAPPENS THEN? HE'S GOT TO REMOVE IT.[15:57:02]
THAT WOULD BE THE.[15:57:04]
IN PRINCIPLE, YES.[15:57:11]
THAT WOULD BE PART OF THE TERMS OF THE REASONABLE ACCOMMODATION IS AS SOON AS THE ACCOMMODATION IS NO LONGER NECESSARY.[15:57:20]
THE STRUCTURE THAT WAS CONSTRUCTED AS PART OF THE REGIONAL ACCOMMODATION HAS TO BE REMOVED.[15:57:26]
IT DOESN'T JUST CONTINUE ON.[15:57:28]
AGAIN. ENFORCEMENT OFFICERS.[15:57:32]
GOING OUT THERE TO POLICE THESE THINGS, RIGHT?[15:57:34]
YOU CAN CHECK OBITUARY PAGES TO SEE THAT SOMEBODY DIED.[15:57:37]
OH, THAT'S RIGHT. A REASONABLE ACCOMMODATION, RIGHT?[15:57:40]
RIGHT, SAID STACY.[15:57:43]
RIGHT. AND I BELIEVE, STUART, WE DO HAVE A PROVISION IN HERE THAT THEY HAVE TO RECERTIFY EVERY YEAR, EVERY TWO[15:57:53]
YEARS, EVERY TWO YEARS, EVERY YEAR.[15:57:56]
RIGHT? SURE.[15:57:57]
YEAH. BUT EVERY TWO YEARS, THEY'RE AT LEAST HAVING TO, YOU KNOW, LET US KNOW THAT.[15:58:02]
YES, WE'RE STILL NEEDING THIS REASONABLE ACCOMMODATION BECAUSE AT THAT TIME IS WHEN WE WOULD IDENTIFY THAT THEY NO LONGER NEEDED IT POTENTIALLY.[15:58:09]
RIGHT. THAT WOULD COME UP.[15:58:11]
YOU CAN PUT.[15:58:14]
POPE MIGHT ALMOST BE OVERKILL, BUT YOU COULD SAY THAT AS PART OF THE REASONABLE ACCOMMODATION.[15:58:20]
YOU HAVE TO SIGN A DOCUMENT WHICH GETS RECORDED IN THE LAND RECORDS, WHICH IS ONE OF THOSE THINGS.[15:58:26]
STRUCTURES ON THERE.[15:58:28]
IT'S GOING TO BE. THE ACCOMMODATION BECOMES SOMETHING THAT CAN'T BE REALLY IGNORED DOWN THE ROAD[15:58:38]
BY A LENDER OR BY A BUYER THAT WOULD COME UP IN A TITLE SEARCH LIKE A COVENANT THAT RUNS WITH THE LAND.[15:58:45]
THE QUESTION IS, DO YOU REALLY WANT IT?[15:58:46]
CAN YOU? THAT'S A POLICY THING.[15:58:49]
YOU WANT TO GO TO THAT EXTENT, WE WOULD HAVE.[15:58:52]
TO DRAW ONE UP EVERY TIME.[15:58:54]
IT WOULDN'T BE THAT HARD TO DO TO DRAW UP SOMETHING THAT THEY HAVE TO SIGN.[15:59:00]
WELL, I DON'T KNOW THAT THAT'S NECESSARY, BUT.[15:59:02]
YEAH. NOW, WHAT ABOUT A SITUATION?[15:59:07]
I HAD ONE A FEW YEARS BACK FOR AN AUNT WHERE AN ORGANIZATION, HABITAT FOR HUMANITY, CAME THROUGH.[15:59:14]
AND HAD TO INSTALL A WHEELCHAIR RAMP, BUT IT WAS THE TEMPORARY ONE, THE METAL ONES AND OF COURSE,[15:59:26]
WHEN SHE EXPIRED IN THE AGREEMENT WITH THEM, I HAD TO, YOU KNOW, CALL THEM BACK.[15:59:36]
OF COURSE, THE HABITAT.[15:59:37]
THE ONLY THING ABOUT IT IS THOSE UNITS CAN BE REUSED.[15:59:41]
THEY WERE TEMPORARY. YEAH, THEY WERE TEMPORARY.[15:59:43]
SO, THEY COULD BE REUSED.[15:59:44]
SO, WHEN I CALLED THEM AND TOLD THEM THAT THEY COULD COME BACK, AND I DIDN'T HAVE TO PAY FOR THAT, I MEAN, BECAUSE IT WAS AN ORGANIZATION THAT DID IT.[15:59:53]
SO, WOULD THEY BE REQUIRED TO HAVE TO GO THROUGH, OR ARE THEY?[15:59:57]
BECAUSE WHEN I WENT TO THEM, THERE WAS NO PROBLEM.[15:59:59]
I STILL HAD TO FILL OUT A FORM AND THEY HAD TO APPROVE IT AND EVERYTHING.[16:00:03]
AND THEN AND THEN ONCE IT WAS APPROVED, IT WAS INSTALLED.[16:00:08]
AND ROGER WHO HAD TO APPROVE IT.[16:00:11]
OH, WELL, I'M NOT SURE WHO THEY WENT TO BECAUSE, YOU SEE, THEY'RE A PRIVATE ORGANIZATION I DIDN'T KNOW ARE THEY DO THEY[16:00:20]
REQUIRE TO COME TO THE PLANNING?[16:00:22]
I MEAN, THEY MIGHT ALREADY HAVE AN APPROVAL ALREADY IN PLACE.[16:00:26]
I'M NOT SURE HOW THEY OPERATE YOU IN THE CRITICAL AREA.[16:00:31]
NOT NECESSARILY.[16:00:33]
NO, BECAUSE THAT WOULD HAVE BEEN THE ONLY THAT WOULD HAVE.[16:00:36]
THAT WOULD MAKE IT BE THE ONLY THING THAT WOULD IF YOU WERE OVER YOUR IMPERVIOUS SURFACE LIMIT.[16:00:40]
AND THAT RAMP TOOK, TOOK YOU OVER THAT LIMIT, THEN THEN THAT WOULD HAVE TRIGGERED SOMEBODY CHECKING.[16:00:47]
BUT JUST TO ANY HOMEOWNER PUTTING THAT ON, IT WON'T BE ENOUGH.[16:00:50]
YEAH, IT WOULDN'T APPLY. SHOULDN'T UNLESS THERE'S SOME OTHER.[16:00:53]
RIGHT. OR A BUILDING SETBACK OR SOMETHING OF THAT NATURE.[16:00:56]
BUT THE PERSON WOULD ALSO HAVE THAT OPTION OF GOING TO THE BOARD OF ZONING APPEALS AND REQUESTING A VARIANCE FOR THAT PARTICULAR RAMP.[16:01:03]
AND IF THEY DO, THEN THAT RUNS WITH THE LAND.[16:01:05]
IT'S THERE AND IT'S THERE TO STAY.[16:01:06]
BUT IF THEY WOULD RATHER, YOU KNOW, ONLY DO IT ON A TEMPORARY BASIS BECAUSE IT'S GOING TO BE TEMPORARY AT SOME POINT, THE DISABILITY'S NOT GOING TO BE THERE ANYMORE.[16:01:16]
I MEAN, TO ME, THAT'S WHAT I WOULD RECOMMEND TO ANYBODY.[16:01:20]
I MEAN, IF YOU GOT SOMEBODY WHO'S JUST, YOU KNOW, THAT THAT, YOU KNOW, SOMEWHERE DOWN THE LINE THAT BUT THERE ARE ONLY CERTAIN THINGS THAT THE BOARD OF ZONING APPEALS CAN GRANT[16:01:29]
VARIANCES TO.[16:01:30]
NOT EVERY SITUATION THAT SOMEONE WOULD NEED ACCOMMODATION TO THE ZONING REGULATIONS FOR.[16:01:35]
SO, WHAT'S DRIVING THIS.[16:01:37]
YEAH, THAT'S A QUESTION FOR STUART.[16:01:40]
YEAH. YES. WHAT.[16:01:42]
WELL LUCKILY, THE IMMEDIATE APPLICANT HAS GONE AWAY BECAUSE HE RAN INTO.[16:01:52]
HEALTH DEPARTMENT ISSUES.[16:01:54]
APPARENTLY, HE JUST COULDN'T HANDLE SIX.[16:01:59]
RIGHT, PEOPLE. A SENSE OF PROPERTY.[16:02:01]
OKAY, HE DID NOT.[16:02:03]
AS MY UNDERSTANDING WAS, CRYSTAL DIDN'T COME IN AND GET THE PROPERTY VETTED THROUGH PLANNING AND CODES.[16:02:09]
HE JUST EITHER WENT AHEAD AND OCCUPIED THE STRUCTURE AS HE WANTED TO, IT AS A GROUP HOME FOR RECOVERING.[16:02:18]
PEOPLE WITH ADDICTIONS AND THEN AFTER THE FACT WENT THROUGH THE STEPS OF TRYING TO GET EVERYTHING APPROVED AND DID IT IN REVERSE ORDER,[16:02:27]
AND HE PAID FOR IT BECAUSE HE HAD NOT CHECKED OUT THE PROPERTY TO BE SURE THAT IT WAS SUITABLE IN ALL THE WAYS THAT IT NEEDED TO BE SUITABLE, THAT THEY ACTUALLY DID[16:02:37]
IMPROVEMENTS. CHANGE THE NUMBER OF ROOMS ON THE SECOND FLOOR WITHOUT A PERMIT.[16:02:43]
STARTED THE OPERATION WITHOUT PERMIT.[16:02:47]
SOMEBODY CALLED THE FIRE MARSHAL FOR.[16:02:49]
INSPECTION OF THE FIRST FLOOR.[16:02:52]
HE ENDED UP DOING THE SECOND FLOOR.[16:02:53]
HAD ALL THESE OCCUPANTS UP THERE WHO SUDDENLY FLED, AND HE WROTE A REPORT SAYING THAT IT DOESN'T MEET THE FIRE CODE.[16:03:00]
FIRE TRAP BASICALLY. BUT THAT WASN'T THE MAJOR PROBLEM.[16:03:04]
IT WAS THE HEALTH DEPARTMENT WITH THE SEPTIC.[16:03:07]
YEAH. THERE WERE THERE WAS A MULTI-USE STRUCTURE WHERE THEY WERE SEEKING A A BUSINESS ON THE FIRST FLOOR WITH THE RESIDENTIAL OCCUPANCY.[16:03:15]
AND THE SEPTIC WAS NEVER DESIGNED.[16:03:17]
IT WAS ONLY DESIGNED FOR LIKE 2 OR 3 BEDROOMS AND THE BUSINESS DOWNSTAIRS.[16:03:23]
BUT WITH THE NEW OCCUPANCY FOR THE BUSINESS AND THE EXTRA BEDROOMS SEPTIC COULDN'T ACCOMMODATE IT.[16:03:28]
IT WAS. YOU GET EITHER OR YOU CAN'T HAVE BOTH USES.[16:03:30]
AND THEN THAT WAS EITHER GOING TO RESULT IN A CONNECTION TO THE TOWN.[16:03:33]
IF THEY COULD GET IT, OR THEY WERE GOING TO HAVE, THEY DID OWN A ADJACENT PARCEL THAT THEY COULD EXPAND, BUT THEY WERE GOING TO HAVE TO GO THROUGH A PERC TEST AND ALL OF THAT.[16:03:42]
AND AT THAT POINT, I GUESS THEY DECIDED THEY WEREN'T GOING TO SPEND THE MONEY.[16:03:46]
AND WELL, IS THIS THE PROPERTY IN GREENSBORO THAT.[16:03:49]
YEAH, I WAS KIND OF IN THE MIDDLE OF THAT SITUATION A LITTLE BIT BECAUSE IT IS IT FALLS UNDER.[16:03:56]
I KNOW EXACTLY WHAT THAT ISSUE WAS ABOUT.[16:04:00]
SO WOULD THIS.[16:04:05]
OF ALLOWED THAT PERSON TO COME IN AND APPLY.[16:04:08]
THEY COULD HAVE COME IN AND ASKED FOR A REASONABLE ACCOMMODATION TO EXPAND ON THE SINGLE-FAMILY DWELLING.[16:04:15]
IT STILL WOULD NOT HAVE GIVEN THEM THE HEALTH DEPARTMENT APPROVAL.[16:04:20]
THEY WOULD HAVE STILL HAD THAT HURDLE, THAT THEY WOULD HAVE STILL HAD TO COMPLY WITH, BUT THEY WOULD HAVE AT LEAST HAD AN OPPORTUNITY TO GET A WAIVER TO THE[16:04:30]
ZONING REQUIREMENT FOR THE FOUR-PERSON CAPACITY.[16:04:35]
WHAT HAPPENS IS, IF WITHOUT THIS ORDINANCE, CRYSTAL WAS CONFRONTED WITH AN APPLICANT[16:04:44]
WHO. HAS ADVICE FROM A LAWYER IN BERKELEY, CALIFORNIA, WHO WAS OFFERING TO[16:04:54]
REWRITE OUR ORDINANCES FOR US.[16:04:58]
YEAH. I NEVER RESPONDED TO HER, BUT SHE WAS GIVING ADVICE.[16:05:02]
I GUESS THAT ALLOWS PEOPLE WHO SET UP THESE RECOVERY HOMES MAKING MONEY, BY THE WAY.[16:05:09]
OF COURSE, TO COME IN AND DEMAND.[16:05:13]
AND CRYSTAL WAS BEING, I WON'T SAY, VERBALLY ASSAULTED, I WON'T SAY THAT.[16:05:19]
BUT IT WAS LIKE WHAT WE WENT THROUGH WITH THE SAME CHARACTER IN CHESTERTOWN YEARS AGO.[16:05:24]
BULL IN A CHINA CLOSET.[16:05:26]
GIVE ME WHAT I WANT.[16:05:27]
IF YOU DON'T, YOU'RE GOING TO GET SUED IN FEDERAL COURT FOR A VIOLATION OF THE AMERICANS WITH DISABILITIES ACT AND THE FAIR HOUSING ACT, WHICH KIND OF IS IN[16:05:37]
TANDEM ABOUT YOU CAN'T DISCRIMINATE AGAINST PEOPLE WITH DISABILITIES.[16:05:41]
AND THEY DID THAT TO CHESTERTOWN FILED.[16:05:44]
THEY HAD THE LANDLORD AND THE OPERATOR TO NOT SUE.[16:05:48]
THEY FILED COMPLAINTS WITH EEOC AGAINST US, WHICH WE ENDED UP WINNING BECAUSE WE WEREN'T DISCRIMINATING, BUT WE DIDN'T HAVE THIS REASONABLE ACCOMMODATION PROCEDURE SET UP[16:05:57]
EITHER. AND SO THAT'S WHY KRYSTAL AND I GOT TOGETHER AND SAID, WE REALLY DO WANT TO HAVE SOMETHING LIKE THIS, WHICH IS ENFORCEABLE, BY THE WAY, THE COURTS[16:06:07]
ACKNOWLEDGE THAT YOU CAN SET UP A PROCEDURE THAT ALLOWS SOMEONE TO COME IN.[16:06:12]
THEY DON'T JUST CALL YOU ON THE PHONE AND SAY, YOU HAVE TO LET ME DO THIS, OR ELSE YOU'RE DISCRIMINATING AND YOUR BUTT'S GOING TO BE IN FEDERAL COURT.[16:06:20]
YOU CAN ACTUALLY HAVE A PROCEDURE WHERE THEY HAVE TO FILL OUT AN APPLICATION, EXPLAIN WHAT THE SITUATION IS, ETC.[16:06:26]
THIS, BY THE WAY, IS DESIGNED TO BE BASICALLY ACROSS THE BOARD FROM AN INDIVIDUAL.[16:06:35]
MIGHT BE A MEMBER OF YOUR FAMILY THAT NEEDS SOME HELP ON SOMETHING, OR YOUR NEXT-DOOR NEIGHBOR WHO'S NOT ABLE TO COME IN AND DO IT HERSELF.[16:06:43]
YOU DO IT FOR HER OR A GROUP HOME.[16:06:46]
I MEAN, THIS IS THIS IS GOING TO COVER ANY KIND OF APPLICANT WHO COMES IN AND SAYS THAT I'M HERE REPRESENTING, OR I AM A DISABLED PERSON AND[16:06:56]
STRICT APPLICATION OF YOUR CURRENT ORDINANCES.[16:06:59]
LAND USE ESPECIALLY WOULD PROHIBIT ME FROM LIVING IN THIS HOME THAT I WANT TO RENT, OR I OR I ALREADY OWN, BUT I CAN'T STAY THERE UNLESS YOU LET ME[16:07:09]
DO THIS. AND THIS JUST ORGANIZES.[16:07:12]
IT MAKES IT MORE REASONABLE.[16:07:14]
THE ONLY THING I WOULD POSSIBLY ADD TO THIS, AND IT'S RELATIVELY MINOR, BUT IF THE APPLICANT IS A GROUP HOME.[16:07:26]
THERE IS AUTHORITY FOR REQUIRING.[16:07:34]
AND THIS IS BASED UPON A NATIONAL ORGANIZATION OF BEST PRACTICES CALLED THE NATIONAL ALLIANCE FOR RECOVERY RESIDENCES.[16:07:41]
NA TO REQUIRE THAT APPLICANTS WHO ARE OPERATING RECOVERY RESIDENCES MUST[16:07:51]
SUBMIT A POLICY AND PROCEDURES MANUAL CONTAINING A BUNCH OF BEST PRACTICES, SUCH AS JOB DESCRIPTIONS FOR ALL STAFF POSITIONS, DRUG[16:08:01]
TESTING PROCEDURES AND REQUIREMENTS, PROHIBITION AGAINST ALCOHOL, ILLEGAL DRUGS, USE OF PRESCRIBED MEDICATIONS BY AN INDIVIDUAL OTHER[16:08:10]
THAN. AS PRESCRIBED BY THE DOCTOR.[16:08:18]
POLICIES TO SUPPORT A RESIDENT'S RECOVERY EFFORTS.[16:08:21]
A GOOD NEIGHBOR POLICY TO ADDRESS NEIGHBORHOOD COMPLAINTS AND CONCERNS.[16:08:26]
RULES FOR RESIDENTS' COPIES OF ALL FORMS PROVIDED TO RESIDENTS.[16:08:30]
INTAKE PROCEDURES.[16:08:32]
SEXUAL, PREDATOR AND SEXUAL OFFENDER REGISTRY.[16:08:35]
COMPLIANCE POLICY.[16:08:37]
RELAPSE POLICY.[16:08:40]
FEE SCHEDULE.[16:08:41]
REFUND POLICY.[16:08:43]
EVICTION PROCEDURES AND POLICY.[16:08:44]
CODE OF ETHICS.[16:08:46]
PROOF OF INSURANCE.[16:08:48]
PROOF OF BACKGROUND SCREENING.[16:08:51]
PROOF OF SATISFACTORY FIRE SAFETY AND HEALTH INSPECTIONS.[16:08:54]
SO THOSE THAT WOULD BE THE ONLY ADDITION TO WHAT YOU HAVE IN FRONT OF YOU, THAT I WOULD SUGGEST WE ADD A LITTLE PROVISION IN THERE, WHICH I'LL DO, ASSUMING IT'S AGREEABLE TO YOU[16:09:04]
ALL THAT THAT WOULD BE A REQUIREMENT IF A GROUP HOME IS COMING IN APPLYING TO CRYSTAL'S OFFICE FOR REASONABLE ACCOMMODATION, THAT THEY WOULD HAVE TO[16:09:13]
INCLUDE THAT POLICY AND PROCEDURES MANUAL AND ALL THESE POLICIES.[16:09:18]
AND THIS IS OKAY.[16:09:20]
WELL, WE'RE HAVING THE REASON WHY I'M SAYING THINGS BECAUSE THIS KIND OF FALLS RIGHT INTO WHAT I DO.[16:09:30]
A LOT OF WHAT THEY [INAUDIBLE] TODAY NOW, ESPECIALLY WITH THE PEOPLE WHO ARE CONSIDERED DISABLED WITH MENTAL AND THEY'RE, YOU KNOW, DEALING WITH[16:09:39]
ADDICTIONS, MOST OF THESE RECOVERY HOUSES BASICALLY MOST A LOT OF THEM ARE THERE ONLY ON A TEMPORARY BASIS ANYWAY.[16:09:46]
SO, THEY'RE NOT REALLY, REALLY PERMANENT.[16:09:49]
MOST OF THEM ARE GOING NO MORE THAN 90 DAYS FOR SOMEONE IN THAT CAPACITY.[16:09:54]
AND THEN THEY CAN ASK FOR WAIVERS AND STUFF LIKE THAT.[16:09:57]
THAT GIVES THEM A LITTLE MORE PERMANENT, ESPECIALLY IF THEY AND THEIR REQUIREMENT OF THAT A LOT OF TIMES IS THE FACT THAT THEY, THEY'VE FOUND EMPLOYMENT AND THEN THEN THEY'RE[16:10:05]
BECAUSE A LOT OF THEM ARE GRANT FUNDED.[16:10:07]
MOST OF THOSE, THESE NEWER PLACES, WE GOT A LOT OF PEOPLE THAT ARE INTERESTED IN PUTTING RECOVERY HOUSES IN CAROLINE COUNTY.[16:10:14]
I HAD COME TO YOU GUYS YET, BUT WE'RE FINDING OUT.[16:10:18]
AND OF COURSE, THE MONEY IS THERE, YOU KNOW, FOR PEOPLE TO MAKE MONEY.[16:10:22]
SO, YOU KNOW, PEOPLE ARE LOOKING AT CONVERTING FARMHOUSES AND DIFFERENT THINGS NOW TO WANT TO ACCOMMODATE THOSE TYPE OF THINGS BECAUSE I THINK THEY'RE, YOU KNOW,[16:10:32]
THEY'RE SOME ARE NEEDED, SOME I THINK ARE NOT RUNNING THE WELLS.[16:10:37]
I PERSONALLY FEEL I HAVE PERSONAL OPINIONS ABOUT SOME OF THESE RECOVERY HOUSES.[16:10:42]
AND I DID A LITTLE RESEARCH BACK WHEN WE WERE TALKING ABOUT THIS WITH THE DIFFERENCE BETWEEN A RECOVERY HOUSE AND A GROUP HOME, AND I UNDERSTAND SOMETIMES THEY DON'T[16:10:52]
WANT TO BE CLASSIFIED FOR STATE REGULATION PURPOSES AS A GROUP HOME.[16:10:57]
THEY WANT TO RETAIN THAT RECOVERY RESIDENCE, AND THERE'S NO REQUIRED LICENSE OR CERTIFICATION TO DO IT.[16:11:07]
BUT THERE IS A VOLUNTARY CERTIFICATION THEY CAN APPLY FOR.[16:11:10]
AND I DO KNOW THAT THERE IS SOME SORT OF POLICY MANUAL THAT THEY WOULD HAVE TO SUPPLY TO GET THIS VOLUNTARY CERTIFICATION AND CERTAIN THINGS THEY HAVE TO PROVIDE TO[16:11:20]
GET THAT CERTIFICATION. BUT THERE IS NO ACTUAL STATE LICENSE OR CERTIFICATION THAT'S MANDATORY FOR A RECOVERY HOUSE.[16:11:29]
NOW GROUP HOME, THERE'S IF THEY'RE CLASSIFIED AS THAT, THEN THEY DO HAVE TO FOLLOW DIFFERENT PROCESS WITH THE STATE.[16:11:36]
AND, YOU KNOW, WHEN YOU START TALKING ABOUT URINALYSIS PROGRAMS AND STUFF, A LOT OF THEM, SOME OF THEM ARE DOING NOW SOME OF THE THINGS LIKE OUR[16:11:45]
DRUG COURT USES ACTUALLY WHERE.[16:11:50]
URGENT CARE HAS GOT THE CONTRACT FOR A LOT OF THOSE INDIVIDUALS TO DO THAT.[16:11:56]
SO, IF THEY HAVE THINGS IN PLACE INSTEAD OF HAVING NECESSARILY DOING THEM IN-HOUSE, THEY DON'T LIKE TO DO THEM IN-HOUSE.[16:12:03]
I DON'T I DON'T LIKE PEOPLE TO TELL ME THEY'VE DONE IT BECAUSE IT'S NOT BECAUSE WE HAVE A SYSTEM WITHIN THE HEALTH DEPARTMENT THAT IS HAS BEEN VETTED AND, AND WE[16:12:13]
USE THE SAME SYSTEM STATE, STATE OF MARYLAND USES.[16:12:16]
SO, A LOT OF THOSE I PEOPLE TRY TO PLAY AROUND WITH THOSE DIFFERENT THINGS, AND THEY GOT DOCTORS THAT ARE SIGNED ON[16:12:26]
AND EVERYTHING ELSE, AND SOME OF THEM HAVE SOME OF THEM ALSO ARE USING ASPECTS OF TELEMEDICINE.[16:12:31]
SO, WE HAVE TO MAKE SURE WE STAY ON TOP OF THAT.[16:12:35]
BECAUSE WHEN YOU'RE TALKING ABOUT RECOVERY AND WELL, WE HAVE TELEMEDICINE SIGNED UP FOR IT.[16:12:41]
AND THAT'S KIND OF LIKE COVERED ALL THE BASES AND, AND IN SOME PLACES ARE NOT APPROVING TELEMEDICINE IN ALL ASPECTS.[16:12:49]
SO, YOU SEE SOME THAT ARE DOING A PRETTY GOOD JOB.[16:12:52]
YEAH. SOME YOU SEE SOME THAT ARE JUST THERE FOR THE MONEY.[16:12:56]
YEAH. THERE WAS ONE INDIVIDUAL WHO IS NO LONGER WITH US HERE.[16:13:00]
I KNEW HIM PERSONALLY, AND I KNOW THAT THAT WAS THAT THAT WAS HIS MAIN OBJECTIVE.[16:13:08]
WELL, HE COULD DO IT.[16:13:09]
HE ATTACKED ME PERSONALLY.[16:13:10]
OF COURSE I DIDN'T.[16:13:12]
I WAS THERE, AND I WAS THERE.[16:13:15]
YOU HANDLED IT VERY WELL.[16:13:16]
I LIKE IT, BUT I, YOU KNOW, AND HIS WHOLE NAME, NUMBER ONE THING WAS TO GET AROUND EVERYTHING THAT WAS[16:13:25]
THERE. AND, AND TRAVIS GOT THERE AND KIND OF STRAIGHTEN HIM OUT.[16:13:30]
GOOD ON A LOT OF THINGS.[16:13:31]
AND THOSE ARE THE I THINK I'LL THINK A LOT OF THINGS THAT YOU JUST SAID SHOULD BE IN PLACE.[16:13:37]
YEAH. I AGREE WITH YOU 100% ON THAT.[16:13:40]
BEFORE WE APPROVE ANY OF THOSE THINGS, WE GOT TO HAVE IT GOT TO HAVE IT NAILED DOWN TO THAT.[16:13:44]
YEAH. AND THERE'S THE DIFFERENCE WITH THE GROUP HOME AND THE RECOVERY HOUSES IS A GROUP.[16:13:48]
HOMES HAVE A LOT MORE REQUIREMENTS.[16:13:50]
THEY ARE LICENSED BY THE STATE.[16:13:51]
YES. AND THEY HAVE SOMEONE ON SITE THAT'S A CAREGIVER WHERE THE RECOVERY RESIDENCES OR PEER RUN PEER RUN, THEIR PEER RUN.[16:14:01]
RIGHT. AND SOMETIMES THEY'VE HAD THE PEER BE THE DRUG DEALER.[16:14:05]
SEEN IT ALL SO, SO, YOU KNOW, AND THEY'RE NOT BEING POLICED VERY WELL.[16:14:14]
AND WHEN WE GO IN THERE, A LOT OF TIMES THEY TRY TO, YOU KNOW, EVADE ME, YOU KNOW SO IT WE, WE PLAY GAMES.[16:14:24]
THEY HAVE TO PLAY. THEY PLAY WANT TO PLAY GAMES.[16:14:26]
BUT THOSE PROVISIONS WOULD CLOSE THOSE LOOPHOLES.[16:14:29]
OH YES, OH YES, YES, YES, YES.[16:14:32]
AND WOULD THOSE PROVISIONS ALSO APPLY TO A.[16:14:37]
WELL, I THINK THE, AND I DON'T KNOW STUART, BUT GROUP HOME WOULD BE A LITTLE BIT DIFFERENT.[16:14:43]
BY DEFINITION A LOT OF TIMES A GROUP HOME VERSUS A RECOVERY HOME.[16:14:47]
WELL, A GROUP HOME WOULD EASILY BE ABLE TO PROVIDE THOSE THINGS.[16:14:52]
THEY MOSTLY EMPLOYED PEOPLE.[16:14:54]
THE PEOPLE EMPLOYED LIKE BENEDICTINE WOULDN'T NEED ALL THOSE THINGS.[16:14:58]
WELL, HOW ABOUT THIS ONE OUT HERE, DUBLIN HILL?[16:15:01]
THAT'S AN ELDERLY GROUP HOME, IS IT?[16:15:04]
RIGHT? NURSING HOME.[16:15:06]
YOU KNOW WHICH ONE HE'S TALKING ABOUT?[16:15:07]
LIKE. YEAH. ASSISTED LIVING.[16:15:09]
IT'S ASSISTED LIVING. YES.[16:15:10]
YEAH. AND BENEDICTINE HAS SOME PRIVATE HOMES TOO.[16:15:13]
YES. AND THEY'RE NOT CLASSIFIED AS GROUP HOMES BECAUSE THEY KEEP THEIR OCCUPANCY AT FOUR AND UNDER SO THAT THEY FALL UNDER THE SINGLE-FAMILY[16:15:23]
DWELLING DEFINITION AND NOT A GROUP HOME.[16:15:27]
THEY ALWAYS BUILD THEIRS IN THAT FASHION BECAUSE AND THAT'S STATE REGULATION.[16:15:32]
SO, WE MIRROR THAT WITH THE FOUR UNRELATED PEOPLE, BECAUSE THEN YOU'VE GOT BUILDING CODE THAT ONCE YOU GET BEYOND THE FOUR THAT USE CLASSIFICATION COMES[16:15:42]
IN AND THEY HAVE TO DO ADDITIONAL THINGS, SO IT'S EASIER FOR THEM TO KEEP THE OCCUPANCY AT FOUR AND UNDER TO TREAT IT AS A SINGLE FAMILY WITHOUT HAVING TO GO THROUGH[16:15:51]
EXTRA REGULATIONS.[16:15:53]
AND JUST SO YOU ALSO KNOW, WE WERE KIND OF LED TO BELIEVE THAT THE FIRE MARSHAL.[16:16:00]
HAD BEEN DIRECTED NOT TO GET INVOLVED WITH RECOVERY RESIDENCES, TO TURN A BLIND EYE TO IT.[16:16:07]
DO WE HAVE A WHAT'S OUR DESCRIPTION OF A GROUP HOME?[16:16:11]
WE DO HAVE THAT DEFINED.[16:16:14]
IS THAT THE ONE THAT HE JUMPED ME OVER OR.[16:16:16]
NO, NO, NO, NO, NO, NO.[16:16:18]
SOMETHING ELSE IN OUR CODE.[16:16:21]
DON'T READ IT. I THINK IT WAS HIS LAWYER.[16:16:24]
YEAH. FRIEND THAT THAT POINTED THOSE.[16:16:27]
YEAH. WE, WE INITIALLY WERE GOING TO CLASSIFY THAT AS A GROUP HOME BECAUSE OF THE NUMBER OF OCCUPANTS.[16:16:32]
AND THERE WAS JUST NOT A LOT OF UPFRONT INFORMATION ABOUT WHAT THEY WERE DOING.[16:16:36]
AND IT WAS NO, NO, NO, I'M NOT A GROUP HOME.[16:16:38]
YOUR DEFINITION OF GROUP HOME SAYS I HAVE TO HAVE A CAREGIVER AND ALL THESE THINGS, AND I'M LICENSED BY THE STATE.[16:16:44]
I'M NOT LICENSED BY THE STATE.[16:16:45]
I DON'T HAVE A CAREGIVER WHERE PEER RUN.[16:16:48]
THERE WAS, YOU KNOW, ALL THESE REASONS WHY I'M NOT A GROUP HOME, BECAUSE THERE ARE REGULATIONS IN PLACE FOR THOSE WHERE THE RECOVERIES JUST KIND OF HANGING OUT THERE[16:16:58]
BECAUSE OF THE FEDERAL STATUTES, THE ADA AND THE FAIR HOUSING ACT, WHICH SAY THAT, FOR EXAMPLE, YOUR DEFINITION OF FAMILY[16:17:08]
FOR, YOU KNOW, VERSUS FOR UNRELATED ADULTS LIVING UNDER THE SAME ROOF.[16:17:15]
SO, IF YOU WOULD LET A FAMILY GET AWAY WITHOUT A FIRE INSPECTION, A FAMILY GET AWAY WITHOUT.[16:17:22]
FILL IN THE BLANKS. SIX PEOPLE IN A FAMILY, RIGHT?[16:17:24]
RIGHT. THEN YOU HAVE TO LET US.[16:17:26]
THERE'S LIKE NO LIMIT.[16:17:28]
RIGHT. AND THIS WAS A SITUATION WHERE IT WASN'T JUST A STANDALONE RESIDENCE.[16:17:33]
IT WAS A MULTI-USE STRUCTURE, AN OLDER STRUCTURE THAT WAS BEING REHABBED, THAT YOU NEEDED THAT FIRE SEPARATION AND PROTECTION FOR THE BUSINESS DOWNSTAIRS VERSUS THE[16:17:42]
RESIDENTIAL USE UPSTAIRS.[16:17:44]
BUT I CAN SEE WHERE, YOU KNOW, A REQUEST COULD COME IN TO SAY, WE JUST WANT SIX AND YOU COULD LOOK AT THAT AND SAY, WELL, IN THIS[16:17:54]
COMMUNITY WITH THE REST OF THESE HOUSES, IT'S REALLY NO DIFFERENT THAN THESE 2 OR 3 PEOPLE THAT MIGHT HAVE 6 OR 7 OCCUPANTS THAT ARE RELATED.[16:18:01]
THIS IS NO DIFFERENT. BUT IF THEY CAME IN AND THEIR REQUEST WAS FOR 12 OR 15, I MEAN, THAT MIGHT BE A STRETCH FOR AN APPROVAL, YOU KNOW, IN[16:18:11]
A SINGLE-FAMILY NEIGHBORHOOD.[16:18:14]
BUT NOW YOU WANT A 15 BEDROOM.[16:18:16]
SO, STUART, IF WE DENIED.[16:18:20]
A IF IT CAME BEFORE US AND WE DENIED A REASONABLE ACCOMMODATION TO GO ABOVE THE FOUR, WE'RE STILL OPEN, JUST AS[16:18:29]
SUSCEPTIBLE TO LITIGATION TO A SUIT AND POTENTIAL LOSS FOR DISCRIMINATION.[16:18:35]
OR DOES THIS PROCESS GIVE US SOME COVER?[16:18:38]
IT DOES GIVE YOU SOME COVER, BECAUSE THEORETICALLY, YOU WOULD HAVE GONE THROUGH THE ANALYSIS THAT A COURT WOULD GO THROUGH IN DETERMINING WHETHER OR NOT THERE WAS[16:18:45]
DISCRIMINATION AGAINST SOMEBODY WITH A DISABILITY.[16:18:48]
AND OBVIOUSLY THIS THIS COMMISSION, WITH COUNCIL AND WITH STAFF WHO ARE VERY SENSITIVE TO THIS WOULD HELP YOU.[16:18:59]
I THINK, MAKE IT HIGHLY UNLIKELY THAT YOU WOULD COMMIT AN ACT OF DISCRIMINATION THAT WOULD GET YOU SUED.[16:19:06]
IT DOESN'T MEAN YOU'RE GOING TO APPROVE EVERY SINGLE ACCOMMODATION.[16:19:08]
AND DON'T FORGET, SOMETIMES YOU'RE TWEAKING WHAT THEY'RE ASKING FOR.[16:19:11]
YOU'RE FINDING SOMETHING THAT'S LESS INTRUSIVE BUT STILL ACCOMPLISHES THE MISSION.[16:19:16]
SO, YOU KNOW, IT'S NOT LIKE THEY WALK IN AND DEMAND X AND YOU COME BACK AND SAY, MAYBE AFTER A COMPLETE ANALYSIS AND REVIEW OF THE EVIDENCE AND, AND THE[16:19:26]
LAW, YOU COME BACK AND SAY, WELL, WE CAN'T GIVE YOU TO THE LETTER WHAT YOU JUST ASKED FOR, BUT WE CAN GIVE YOU 4/5 OF IT.[16:19:35]
AND WITH THIS, YOU KNOW YOU CAN PUT SOME EXTRA CONDITIONS ON.[16:19:39]
RIGHT. SO INSTEAD OF IF THEY IF THEY'RE NOT SATISFIED WITH THAT AND THEY WANT TO FIGHT IT, SO BE IT.[16:19:45]
BUT IF THEY CAME IN AND ASKED FOR 12 AND YOU SAID, WELL, 12 IS JUST NOT GOING TO WORK, YOU'RE GOING TO HAVE TO DO SIX, BUT YOU'RE GOING TO LOOK AT IN YOUR FINDINGS WHEN YOU'RE[16:19:54]
REVIEWING THIS. ONE OF THE FINDINGS WAS, IS THIS GOING TO REQUIRE A FUNDAMENTAL ALTERATION IN THE NATURE OF THE COUNTY PROGRAM OR LAW, LIKE WHAT IS THE POTENTIAL IMPACT[16:20:02]
ON THE SURROUNDING USES?[16:20:03]
WELL, NOW YOU'VE GOT A SINGLE-FAMILY RESIDENTIAL COMMUNITY THAT PREDOMINANTLY IS, YOU KNOW, 3 TO 4 BEDROOM IN NATURE.[16:20:13]
PARKING IS DESIGNED IN THERE TO ACCOMMODATE THAT.[16:20:15]
NOW ALL OF A SUDDEN, YOU WANT A 15 BEDROOM HOUSE THAT'S GOING TO CREATE MORE TRAFFIC, MORE VEHICLES, YOU KNOW, ALL OF THOSE THINGS.[16:20:22]
THEN THAT COULD BE A REASON TO SAY WE CAN'T GO 15 BUT, YOU KNOW, BASED ON THE SURROUNDING NEIGHBORHOOD, THERE'S NOT GOING TO BE IMPACT IF WE DO.[16:20:32]
SIX WOULD WE BE ABLE TO SAY ONE OCCUPANT PER BEDROOM?[16:20:38]
BECAUSE I HAVE NO PEOPLE WHO ARE TRYING TO UNDERSTAND WHAT.[16:20:41]
YEAH, I KNOW WHERE YOU'RE GOING.[16:20:43]
YOU KNOW. THREE.[16:20:44]
YEAH. THAT THAT'S WHERE YOU START GETTING THAT.[16:20:47]
OH, I'M GONNA GET AROUND THAT. I'LL PUT BUNK BEDS IN THERE.[16:20:49]
RIGHT. IT'S NOT JUST BEDROOMS, IT'S OCCUPANCY.[16:20:52]
ITS OCCUPANT. SO, I THINK IT SHOULD BE KIND OF DEFINED IN THAT CAPACITY.WELL, AND IN EACH OF THESE FINDINGS THAT I LISTED IN HERE HAS BEEN INTERPRETED BY FEDERAL COURT DECISIONS. SO.
AND I WON'T BORE YOU WITH ALL THAT, BUT SO EACH OF YOUR DECISIONS ON THESE FACTORS IS GOING TO BE GUIDED BY COUNSEL AND STAFF, HELPING YOU UNDERSTAND WHAT THE FEDERAL COURTS HAVE ALREADY SAID ABOUT THAT PARTICULAR FINDING.
WHAT CONSTITUTES THAT? THAT SOUNDS LIKE REALLY INTERESTING LANGUAGE, BUT WHAT'S IT REALLY MEAN? WELL, THE COURTS HAVE ACTUALLY BEATEN THIS OUT A LOT IN ADVANCE.
AND SO THAT'S WHAT THIS IS ABOUT.
YOU'RE GOING THROUGH THE SAME ANALYSIS THAT A FEDERAL COURT WOULD.
DECIDING WHETHER OR NOT YOU DISCRIMINATED.
RIGHT NOW, IN CAROLINE COUNTY, WE HAVE ONE PROBLEM WITH RECOVERY HOUSES.
WE DON'T HAVE A WOMAN'S RECOVERY HOUSE.
THE RESTRICTIONS. YEAH, THEY'LL IT'S OKAY.
IT'S EASIER TO GET A MALE RECOVERY HOUSE AND THEN AND SO ARE WE DOING ANY KIND OF DISCRIMINATION NOW WITH NOT HAVING A WOMAN'S.
NO. SO, IF SOMEBODY CAME AND WANTED TO.
WELL, THAT'S IT. THEY HAVE TO COME AND THAT'S WHAT APPLY AND ALL OF THAT.
I MEAN THEY WOULD GO THROUGH THIS PROCEDURE.
OKAY. AND ONE OF THE THINGS THAT THIS HAS CRYSTAL THAT I THINK REALLY HELPS THE PUBLIC IMAGE OF YOUR SHOP, IS IT REQUIREMENT OF NOTICE TO ADJOINING LANDOWNERS SO THAT THEY'RE AWARE THAT SOMEBODY IS ATTEMPTING TO PUT SOMETHING IN RIGHT THERE, BUT THEY CAN'T REALLY DO ANYTHING ABOUT IT.
THEY CAN CALL ME, AND THEY CAN SHOW UP AT THE PLANNING COMMISSION.
RIGHT. THE PLANNING COMMISSION IS DISCUSSING IT.
YOU COULD HAVE A ROOM FULL OF PEOPLE HERE, RIGHT, WHO AT LEAST GIVE THEIR POINT.
AND THEY MIGHT HAVE IDEAS ON CURTAILING, YOU KNOW, THIS MASSIVE THING THAT'S BEING REQUESTED.
THEY MIGHT SAY, WELL, LOOK, WE COULD LIVE WITH SOMETHING LIKE THIS, AND THIS WOULD ACCOMPLISH THE MISSION, BUT IT'S NOT AS GRANDIOSE AS THEY'RE ORIGINALLY REQUESTING, SO AT LEAST ALLOWS SOME PUBLIC INPUT OF NEIGHBORS.
IF IF YOU FELT THAT YOU KNOW WAS AN IMPACT TO THAT.
AND AM I WRONG IN THAT THIS IS ONLY A RELAXATION IN OUR REGULATIONS, THIS WOULDN'T BE THAT THEY COULD COME TO THE PLANNING COMMISSION AND SAY, WELL, MY SEPTIC CAPACITY ONLY GIVES ME THIS.
THIS WOULD BE FOR OUR ZONING REGULATIONS OR THE FIRE MARSHAL.
FIRE MARSHALS IN A COUPLE OF CITIES HAVE BEEN SUED AND RECOVERED AGAINST FOR TREATING A, QUOTE, RECOVERY RESIDENCE OR GROUP HOME FOR RECOVERING ADDICTS, WHATEVER YOU WANT TO LABEL IT AND SAYING, WELL, YOU'VE GOT TO HAVE SPRINKLERS.
YOU'VE GOT TO HAVE THE FIRE ESCAPE ON THE SECOND FLOOR.
YOU'VE GOT TO HAVE ALL THIS STUFF WHICH THEY WOULD NOT HAVE REQUIRED OF A SINGLE-FAMILY RESIDENCE.
OKAY. SO THAT'S THE COMPARISON THEN.
THAT'S WHY THE FIRE MARSHALS ARE.
YOU KNOW, THEY STUMBLE UPON THESE THINGS THAT HAPPENED IN CHESTERTOWN.
IT HAPPENED DOWN HERE. THEY STUMBLE IN.
[16:25:02]
THEY DON'T INTEND TO GO LOOKING FOR TROUBLE.FOR EXAMPLE, ON THE SECOND FLOOR.
BUT THEY GET INVITED UP SOMEHOW TO LOOK.
AND THEY FIND IT. THEY CAN'T IGNORE IT.
THEY WRITE IT UP THAT THESE ARE.
AND THEY SENT AND WE END UP WITH IT.
THAT WAS GOING TO BE ONE OF THE PROBLEMS WE HAD WAS HOW DO YOU UNWRING THAT BELL? AND THE DIFFICULTY WITH THIS PARTICULAR CASE WAS IT WAS MIXED USE.
IT WAS IT HAD IT BEEN SOLELY RESIDENTIAL? THEY WOULD HAVE. AND YOU SEE HOW NUANCED THE FACTS ARE SOMETIMES.
AND YOU'RE SAYING, WELL, HERE'S HOW I THINK THE LAW WOULD APPLY TO THOSE MIXED-UP FACTS.
AND A JUDGE OR THE EEOC DECIDES DIFFERENTLY.
WHY WOULDN'T THIS BE CONSIDERED RENTAL HOUSING SINCE THEY'RE TRANSIENT OR SHORT TERM? WE DON'T HAVE ANY POLICIES ON RENTAL HOUSING THAT WE WOULD BE LOOKING FOR A WAIVER FOR.
NO, I MEAN, THE REQUIREMENTS FOR SPRINKLERS OR FIRE PROTECTION, WHERE, YOU KNOW, IF YOU'RE RENTING YOUR SINGLE-FAMILY HOUSE, IF YOU'RE IF YOU IF YOU'RE OF A RENTAL PROPERTY, AREN'T THOSE REQUIREMENTS IN PLACE? SO. RIGHT. WOULDN'T THIS BE CONSIDERED THAT YOU WOULD ONLY BE REQUIRED THE SPRINKLER FOR ANY NEW HOME CONSTRUCTION? SO, IF SOMEONE WANTED TO BUILD A NEW RESIDENTIAL DWELLING, STUART.
SO, SOMEONE WAS PROPOSING TO BUILD A DWELLING AND THEY'RE SAYING THE SPRINKLER IS A BARRIER.
COULD THEY COME TO SEEK A REASONABLE ACCOMMODATION OF THAT? I DON'T KNOW WHAT IS. I DON'T WANT ONE, A REASONABLE REQUEST.
I MEAN, JUST A FINANCIAL BURDEN, A FINANCIAL BARRIER.
I MEAN, I GUESS THAT THEY'D HAVE TO PROVE THAT.
A LOT OF PEOPLE COULD PROVE THAT IT'S A FINANCIAL BARRIER TO ANYONE BUILDING A HOUSE.
WELL, AGAIN, THE FOCUS ON THIS IS PEOPLE SEEKING A REASONABLE ACCOMMODATION FOR A DISABILITY.
SUPPOSEDLY FINANCIAL AND BASICALLY.
RIGHT, RIGHT. I MEAN, HOW WOULD HOW ELSE WOULD YOU SAY THAT THAT'S A BURDEN TO YOUR DISABILITY BY INSTALLING THE SPRINKLER SYSTEM FOR YOUR NEW HOME CONSTRUCTION? I CAN SEE HAVING TO ALTER A RESIDENCE AND MEET REQUIREMENTS.
I WANT TO USE IT, AND I DON'T WANT TO BE PUT THROUGH ANY HOOPS THAT NORMAL.
AND THIS IS THE TEST THAT A NORMAL FAMILY, SINGLE FAMILY RESIDENCE WOULDN'T BE PUT THROUGH.
THAT'S. THAT'S WHAT IT BOILS DOWN TO.
THIS IS THE RECENT CASE INVOLVING THE WEST HAVEN FIRE DEPARTMENT.
SO THAT'S WHY THE FIRE COMPANIES, FIRE MARSHALS ALL OVER ACROSS THE COUNTRY HAVE GOTTEN THE WORD OF, YOU'RE GOING TO GET YOUR BUTT SUED IF YOU DO YOUR JOB TO TRY TO PROTECT THESE PEOPLE, BUT YOU'LL LOVE THE REASONING FROM THE COURTS IF I CAN FIND IT FOR YOU.
IT'S. AND THESE ARE ALL TRIED FEDERALLY BECAUSE IT'S FEDERAL LAW.
IN THIS CASE, THE COURT HELD THAT THE RESIDENTS OF AN OXFORD HOME WERE ENTITLED TO A REASONABLE ACCOMMODATION FROM THE FIRE SAFETY FEATURES THAT THE STATE FIRE MARSHAL WAS DEMANDING IN ORDER TO AFFORD THE RESIDENTS OF THE HOME AND, QUOTE, EQUAL OPPORTUNITY, END QUOTE, TO QUOTE, USE AND ENJOY THEIR HOME. FURTHER, THE COURT STATED THAT QUOTE, WITHOUT THE REQUESTED ACCOMMODATION, THE OXFORD HOUSE, WEST HALE RESIDENCE, RECOVERY FROM ALCOHOLISM AND DRUG ADDICTION, AND PERHAPS EVEN THEIR LIVES WOULD BE IN DANGER.
THE REQUESTED ACCOMMODATION THAT THE FIRE MARSHAL INTERPRETS THE TERM FAMILY IN A MANNER THAT WOULD CAPTURE THE TYPE OF RELATIONSHIP SHARED AMONG THE RESIDENTS OF OXFORD HOUSE, WEST HALE.
[16:30:03]
HOWEVER, WOULD NOT INCREASE THE POTENTIAL DANGER TO THE RESIDENTS THAT IS PRESENTED BY THE RISK OF FIRES, AND THEREFORE THE PLAINTIFFS ARE ENTITLED TO THE REQUESTED ACCOMMODATION. SO THAT IS GIVES YOU AN ATMOSPHERE OF WHAT IT'S LIKE IN THE FEDERAL COURTS AGAINST THE GOVERNMENT, EVEN FIRE MARSHALS, WHO YOU WOULD THINK ARE BEYOND CRITICISM FOR ATTEMPTING TO PROTECT PEOPLE FROM FIRE TRAPS.THERE WAS ONE WHEN WE WERE DEALING WITH THE CHESTERTOWN MESS FIVE YEARS AGO.
WE FOUND OUT ABOUT ONE OF THESE THAT HAPPENED ON THE WESTERN SHORE.
I KNOW I'VE TOLD YOU THIS PROBABLY THAT THERE WAS A FIRE.
THE FIRE MARSHAL HAD HANDS OFF.
I DON'T KNOW IF THEY HAD 8 OR 10 PEOPLE IN THIS HOUSE THAT SHOULD NEVER HAVE BEEN OCCUPIED.
AND THEY HAD A FIRE AND KILLED A COUPLE OF THE RESIDENTS.
THE SECOND FLOOR COULDN'T GET OUT OF THE FIRE TRAP.
AND OF COURSE, THE QUESTION WAS DID THE TOWN APPROVE IT AND ALLOW THAT TO GO FORWARD, OR DID THE TOWN EVEN KNOW ABOUT IT? I DON'T REMEMBER THE DETAILS, BUT I READ THE NEWSPAPER ARTICLE AT THE TIME YEARS AGO, AND I JUST REMEMBER GOING THERE.
BUT FOR THE GRACE OF GOD GO I WITH THE TOWN BECAUSE WE AND YOU KNOW, WE ALL WORRY ABOUT THIS.
I MEAN, IF WE APPROVE ONE OF THESE THINGS AND WE KNOW THE FIRE MARSHAL IS GOING I'M NOT GOING TO LOOK AT THAT, AND WE GO AHEAD AND GIVE THEM A REASONABLE ACCOMMODATION AND THEY START, AND SOMETHING HAPPENS OUT THERE.
WE'RE HANDCUFFED BY FEDERAL LAW.
WE CAN'T YOU CAN'T CRYSTAL SAY, WELL, I DEMAND AN INSPECTION BY THE FIRE MARSHAL BEFORE I WOULD GRANT THIS REASONABLE ACCOMMODATION, EVEN THOUGH COMMON SENSE, AT LEAST TO ME, WOULD BE THAT YOU WOULD ASK FOR THAT.
BUT IF YOU DO, SO DID THE ISSUE IN CHESTERTOWN, DID IT GO TO COURT OR.
DOCKETED TWO COMPLAINTS, ONE FROM THE LANDLORD REALTOR WHO BOUGHT IT AS AN INVESTMENT PROPERTY, AND OUR FRIEND WHO TRIED TO TAKE A RUN AT US IN GREENSBORO FILED TWO COMPLAINTS, AND THEY ASSIGNED AN INSPECTOR AND AN INVESTIGATOR WHO CAME OUT.
THEY WANTED ALL OF OUR FILES, TALKED TO ALL STAFF AND INCLUDING ME, AND IN THE END ISSUED A REPORT, A LENGTHY REPORT FINDING THAT THE TOWN OF CHESTERTOWN HAD NOT ENGAGED IN ANY DISCRIMINATION WHATSOEVER, AND DISMISSED THE COMPLAINT AND GAVE HIM A RIGHT TO SUE, OR THEY GAVE THEM RIGHTS TO SUE US, WHICH NOBODY DID.
CHESTERTOWN HAD NOT DISCRIMINATED AGAINST THEM.
DO OTHER MUNICIPALITIES AND DO WE DO WE KNOW OF ANY THAT HAVE THESE? TALBOT COUNTY HAS REASONABLE ACCOMMODATION PROCESS.
I KNOW SOME WESTERN SHORE JURISDICTIONS, BALTIMORE CITY, BALTIMORE COUNTY HAVE A PROCESS.
SO, THERE ARE SOME IN MARYLAND.
AND BUT I DO KNOW TALBOT COUNTY HAS A PROCESS IN THEIR REGULATIONS.
THEY HAVE A FEW RECOVERING MORE THAN WHAT WE HAVE.
IT'S JUST KIND OF WHAT'S MADE US LOOK AT THIS WAS THAT WAS THE REASON.
BUT THERE COULD BE OTHERS, RIGHT? AND THE ALTERNATIVE TO HAVING THIS PROCESS IS THE I GUESS THE STATUS QUO IS WHERE SOMEBODY JUST BEATS ON CRYSTAL AS THE HEAD ZONING OFFICIAL AND SAYS, YOU HAVE TO LET ME DO THIS, RIGHT.
CRYSTAL, YOU'RE NOT GOING TO STOP ME, ARE YOU? BECAUSE YOU DON'T. BECAUSE I'LL SUE YOU PERSONALLY FOR DISCRIMINATION.
THIS PROTECTS STAFF, BY THE WAY.
YOU GOT ANYTHING ELSE? SO, DO YOU NEED A MOTION FOR THIS? YES. A MOTION TO SEND IT ON TO THE COMMISSIONERS FOR APPROVAL.
WITH A POSITIVE RECOMMENDATION.
AND WITH THE POSSIBLE AMENDMENT OF THE POLICY AND PROCEDURES MANUAL BEING REQUIRED.
THE BEST PRACTICES LIST OF THE APPLICATION.
TO GO ALONG WITH YOU ALL IF YOU DECIDED TO RECOMMEND IT TO THE COUNTY COMMISSIONERS.
SO, I'LL MAKE A MOTION THAT WE MOVE FORWARD WITH THE PROPOSED DRAFT WITH ADDING THE AMENDMENT.
[16:35:10]
YEAH, I AGREE. THE AMENDMENT BEFORE THAT.ON TO THE COMMISSIONERS FOR APPROVAL.
I SECOND THAT MOTION AND SECOND.
ALL OPPOSED? OKAY. THE AYES HAVE IT.
THANK YOU FOR YOUR WORK ON THIS, STEWART.
HAD TO BE HAD TO BE A LOT OF RESEARCH AND TIME PUT INTO DRAFTING THIS.
THANK YOU. YOU'RE VERY WELCOME.
MY PLEASURE. IT'LL SAVE WORK IN THE FUTURE, I HOPE.
YEAH. WELL, TO ME I THINK IT WAS VERY GOOD, ESPECIALLY FOR THE ONES, YOU KNOW, WHEN I GET TO FEEL OUT HERE IN WHAT SOME OF THE, SOME OF THESE PEOPLE WANT TO DO, SMALL ORGANIZATIONS AND PEOPLE SAY, OH, I WANT TO OPEN UP A RECOVERY HOUSE AND I WANT TO DO THIS.
THAT'S RUN SHOULD BE RUNNING WITH GUIDELINES THAT THAT WE CAN WE HAVE IN FRONT OF US THAT WE CAN GO IN AND CHECK AND MAKE SURE THESE THINGS ARE BEING DONE AND THEY HAVE TO COMPLY, AND THEY SIGN ON FOR WHAT? YEAH. AND THEY AGREE.
RIGHT. THAT'S RIGHT. BECAUSE THEY'RE GOING TO HAVE TO RECERTIFY EVERY TWO YEARS.
RIGHT. YOU MAY NOT I'M GLAD IT WAS, TOO.
NOW ON TO OUR INFORMATION AND DISCUSSION ITEMS, A ZI-A UPDATE, WHICH IS EASY.
THEY DIDN'T MEET. THERE WAS NOTHING.
OKAY, SO EARLY ON, WE HAD PUT TOGETHER SOME DRAFT ZONING TEXT AMENDMENTS TO PROVIDE FOR REGULATIONS FOR CANNABIS FACILITIES.
HOWEVER, WE DID NOT DO THAT BECAUSE AT THE SAME TIME, THERE WAS PROPOSED STATE LEGISLATION OUT THERE LOOKING TO SEEK RESTRICTIONS ON ZONING.
SO WE FELT IT BEST TO WAIT TO SEE WHAT HAPPENED, TRIED TO GET SOME CHANGES.
WHAT YOU HAVE IN YOUR PACKAGE IS WHAT WE ORIGINALLY WERE GOING TO DO.
AND THEN YOU ALSO HAVE A COPY OF HOUSE BILL 805, WHICH WAS THE BILL THAT WAS PASSED.
AND WHAT IS SIGNIFICANT IN HERE THAT IMPACTS WHAT WE WERE LOOKING TO DO IS FOR DISPENSARIES, THEY SAY THAT YOU SHALL TREAT THEM THE SAME AS A RETAIL DEALER, RETAIL DEALER, MEANING A LIQUOR STORE.
SO, OUR CURRENT ZONING REGULATIONS ALLOW FOR LIQUOR STORES TO BE IN THE COMMERCIAL ZONING DISTRICTS ONLY. WE DON'T HAVE ANY ADDITIONAL SUPPLEMENTARY REGS FOR THOSE TYPES OF STORES.
THEY HAVE SOME ADDITIONAL SUPPLEMENTARY REGS.
WE DO NOT. WE JUST STRICTLY SAY YOU CAN HAVE THAT STORE.
SO NOW THAT WOULD MEAN OUR ORIGINAL PROPOSAL, WHICH WAS TO PLACE ALL CANNABIS FACILITIES, GROWERS, PROCESSORS AND DISPENSARIES IN THE I-2 DISTRICT WITH SETBACKS.
SO NOW WE HAVE TO PULL OUT THE CANNABIS FACILITIES AND IDENTIFY THEM SEPARATELY.
NOW WE'RE GOING TO HAVE TO SAY GROWERS, PROCESSORS AND DISPENSARIES.
DISPENSARIES WOULD BE ALLOWED IN THOSE SAME COMMERCIAL DISTRICTS THAT THE LIQUOR STORES ARE.
AND THEY ALSO NOW THAT WE CAN CHANGE THOUGH, BUT WE HAVE TO CHANGE IT FOR EVERYTHING.
IT'S NOT SET IN STONE LIKE THE HEMP.
DID THEY PUT A RETROACTIVE DATE ON THAT? NO. SO, FOR THE DISPENSARIES WE'RE THEY'RE GOING TO HAVE TO BE ALLOWED IN THE C1C2.
AND THEY'RE GOING TO HAVE SET SETBACKS WITHIN THIS HOUSE BILL THAT STATES THAT THEY CAN'T LOCATE WITHIN 500FT OF SCHOOLS, CHILDCARE FACILITIES, PREEXISTING PLAYGROUNDS, REC CENTERS, LIBRARIES, PARKS AND PLACES OF WORSHIP, OR WITHIN 1000FT OF ANOTHER DISPENSARY. SO, WE'LL HAVE THAT IN OUR REGULATIONS.
THEN IT CAN BE TO ANOTHER DISPENSARY.
WE CAN INCREASE THE DISTANCE LIMITATION FOR DISPENSARIES TO NO MORE THAN ONE HALF MILE.
[16:40:02]
SO, I READ THAT TO MEAN THAT THEY SAY 500FT FOR THOSE AND 1000FT FROM ANOTHER DISPENSARY, BUT WE COULD INCREASE IT TO A HALF A MILE.THAT WOULD BE THE MAX GRACIOUS OF THEM TO GIVE US THAT ABILITY.
PROCESSORS. NOTHING IN HERE FOR PROCESSORS, THAT IS.
MANUFACTURING. WE DID SAY WE WANTED TO SEE THAT IN THE EYE, TOO, SO WE COULD STILL DO THAT.
THE GROWER AND PROCESSING ARE NOT THE SAME.
I THINK THEY ARE IN MANY CASES.
I MEAN, WHAT WE'RE USED TO SEEING, LIKE OVER IN CENTERVILLE OR IN CAMBRIDGE, I THINK THEY'RE GROWERS AND PROCESSORS, RIGHT? NO, THEY'RE NOT THE SAME.
BUT THEY'RE IN THE SAME FACILITY IN BOTH.
I THINK THE ONE IN CAMBRIDGE IS THE PROCESS OR THE GROWER.
THE ONE THAT'S IN TOWN IS IN A PROCESSOR.
IS HE? WELL, IT WOULDN'T BE PUT OFF THAT SMELL.
AS FAR AS I KNOW, THEY'RE ONLY GROWING.
RIGHT. BUT IT SMELLS WHEN IT GROWS.
SO, IN ADDITION, IT ALSO SAYS THAT WE CANNOT ESTABLISH ZONING OR OTHER REQUIREMENTS THAT UNDULY BURDEN THE CANNABIS LICENSEE. SO, WE CAN STILL PROPOSE OUR PROCESSORS IN THE I-2 DISTRICT WITH THE SAME SETBACKS THAT WE ORIGINALLY INTENDED, WHICH WERE.
WE HAD THEM SPELLED OUT TO SAY, 1200FT FROM.
SCHOOLS, CHURCHES, PARKS, DAYCARES.
WE COULD STILL KEEP THOSE SETBACKS AND RESTRICT IT TO I-2 FOR THE PROCESSOR.
SO, WHAT IS CLASSIFIED AS A PROCESSOR THERE, BRINGING IT IN AND TURNING IT INTO.
RIGHT. SO, THEY'RE TAKING THE GROWN PRODUCT AND THEN TURNING IT INTO GUMMIES.
I DON'T KNOW. YEAH. SO, THEY'RE TAKING THE PRODUCT AND PROCESSING IT TO FOR RESALE.
FOR RESALE. THEN THE THIRD PART IS THE GROWERS.
OH, WE GOTTA BE CAREFUL WITH THESE GUYS.
I TELL YOU; THIS IS WHAT I WANT THEM TO LOOK AT.
YOU CAN'T JUST. YOU DON'T GO IN THERE UNLESS YOU'RE GOING TO APPLY SOMETHING.
YOU LITERALLY CAN'T SAY LIKE I DID.
I JUST WANT TO SEE WHAT'S GOING ON.
RIGHT. CAN YOU JUST TELL ME WHAT? HOW DO YOU DO THIS? GET OUT.
SO, YOU KNOW, I'M, I'M DEALING WITH SCHOOLS NOW, SO.
YEAH, WELL, IT'S RAMPANT IN THE SCHOOLS NOW WITH VAPE PENS BECAUSE IT'S READILY ACCESSIBLE.
I MEAN, THEY'RE, I, THEY'RE ALL OVER THE SCHOOL.
YOU OUGHT TO HEAR WHAT YOU KNOW.
WELL, I UNDERSTAND FROM MY MOM IS LETTING ME DO IT.
YEAH. YOU KNOW, IT'S, YOU SEE WHAT I'M SAYING? THEY SAID MY MOTHER GOT.
AND IF YOU TAKE ONE AWAY FROM THE MOTHER COMES IN THERE AND STARTS SCREAMING ABOUT, I PAID.
YOU KNOW HOW MUCH I PAID FOR THAT? YEAH. FOR THE 14-YEAR-OLD WHO'S SITTING AROUND, THEY'RE ALL VAPING NOW.
I DID MEAN TO DO THAT, RIGHT? I MEAN, YOU KNOW, THIS IS WHAT.
THIS IS WHAT WE'RE UP AGAINST.
YEAH, I CAN'T IMAGINE, I CANNOT IMAGINE.
WELL, AND I GOTTA. I'M TRYING TO PROPOSE SOMETHING NOW.
I GOT TO GO INTO THE MIDDLE SCHOOLS.
YEAH, I GOT TO GET HIM. YOU KNOW, WE TRIED TO.
I EVEN HAVE AS MUCH AS I'VE HAD 11-YEAR-OLD.
I DON'T DOUBT IT. YEAH, I DON'T DOUBT IT.
[16:45:06]
FOR A LICENSED GROWER CULTIVATING CANNABIS EXCLUSIVELY OUTDOORS IN AN AREA ZONED ONLY FOR AGRICULTURAL USE, THAT IS ANY MORE RESTRICTIVE THAN ANY ZONING REQUIREMENTS WE WOULD HAVE HAD IN PLACE PRIOR TO 2023 THAT GOVERNED A HEMP FARM.SO, PRIOR TO 2023, HEMP WOULD HAVE BEEN TREATED AS AN AGRICULTURAL CROP.
SO, WHAT THIS IS SAYING, WE CAN'T BE ANY MORE RESTRICTIVE THAN THAT.
BUT MY QUESTION TO STUART IS THE WORDING, BECAUSE IT SAYS EXCLUSIVELY OUTDOORS IN AN AREA ZONED ONLY FOR AGRICULTURAL USE.
AND TO ME THAT ONLY IS AN IMPORTANT KEY WORD BECAUSE CAROLINE COUNTY DOES NOT HAVE AN AGRICULTURAL ZONING DISTRICT WHERE IT'S ONLY RESTRICTED FOR AGRICULTURAL USE, THERE ARE JURISDICTIONS THAT HAVE AGRICULTURAL ZONING DISTRICTS.
SO, TO ME, OUR RURAL DISTRICT IS NOT RESTRICTED TO ONLY AGRICULTURAL USE.
YOU CAN DO MANY OTHER THINGS IN THAT DISTRICT.
SO, DOES THIS EXEMPT US? THAT'S WHERE I'M GOING WITH THIS.
SO, I NEED STUART'S LEGAL HAT ON THAT ONE.
I MEAN, THAT'S BECAUSE THEY WORDED IT THE WAY THEY WORDED IT.
I MEAN, THERE'S EMPHASIS PLACED ON THAT FOR A REASON.
AND, I MEAN, THE WAY I VIEW IT IS WE DON'T HAVE A ZONING DISTRICT THAT'S EXCLUSIVE TO AGRICULTURAL.
SO, DOES THAT MEAN THAT YOU CAN MAKE IT STRICTER THAN HEMP IN AREAS THAT ARE NOT ZONED EXCLUSIVELY FOR AGRICULTURAL USE? IT IS THE CONVERSE, CORRECT.
RIGHT. SO YES. SO THAT'S HOW WE READ IT.
YEAH. SO, THE QUESTION IS ARE THE COMMISSIONERS, DO THEY HAVE AN APPETITE FOR POTENTIAL DECLARATORY JUDGMENT ACTION AGAINST AN ORDINANCE THAT WE ARE GOING TO PASS. AND I WOULD SAY IT'S ENTIRELY UP TO THEM.
I WOULD BE HAPPY TO DEFEND IT IN CIRCUIT COURT.
SO, IF I HAVE A PIECE OF PROPERTY THAT'S IN AG PRESERVATION.
THAT LIMITS ME TO ONLY AGRICULTURE.
BUT IT SAYS ZONED FOR AGRICULTURE AND AGRICULTURAL.
YOU'RE CONTRACTUALLY BOUND, AS OPPOSED TO ZONED BY AN EASEMENT VERSUS BEING ZONED ONLY TO DO THAT.
OKAY. THIS IS PERTAINING TO ZONING DISTRICT REQUESTS.
AND WE GOT TO KEEP IN MIND, RUN THROUGH ROUGHLY WHAT A GROWER HAS TO DO.
SO YES, UNDER THE STATE REQUIREMENTS THERE IS A CAP ON THE SIZE IT CAN BE.
AND I THINK WE EQUATED THAT TO BE AROUND SEVEN ACRES.
SEVEN ACRES IS THE IS THE MAX FOR THE GROWER.
YOU HAVE TO HAVE THE FENCING, THE LIGHTING, THE SURVEILLANCE, ALL OF THAT AND THE REASONING WHY WE WERE SAYING NOT IN THE RURAL DISTRICT AND IN THE I-2 IS BECAUSE OF THE STATE REQUIREMENTS.
SO, IF THAT'S THE WAY WE FEEL WE WANT TO GO.
THE ONLY CHANGE WE WOULD NEED TO MAKE TO OUR ORIGINAL PROPOSAL WOULD BE TO PULL OUT THE DISPENSARIES FROM THE I-2, FROM THE I-2, TO SAY THEY MATCH WHERE OUR LIQUOR STORES GO IN THE COMMERCIAL DISTRICTS AND ADHERE TO THOSE SETBACKS.
THAT THE STATE HAS IMPOSED, AND WE COULD POTENTIALLY ADJUST OUR LIQUOR STORE REGULATIONS.
IT'S JUST IT HAS TO BE TIED TO OUR.
DO WE HAVE? WE DON'T HAVE MANY IN THE COUNTY.
MOST OF OUR STORES ARE IN TOWN.
MOST OF OUR LIQUOR STORES THAT WERE OUTSIDE OF TOWN HAVE BEEN, YOU KNOW, SMALL MOM AND POP STORES THAT HAVE WENT AWAY, LIKE OUT AT SMITHVILLE LAKE, DOWN AT CHOPTANK, YOU KNOW, LIKE THERE'S A FEW JUST LITTLE RURAL VILLAGE STORES THAT KIND OF WENT AWAY THAT HAD MARY DALE IS UNINCORPORATED, SO THE ONE UP THERE IS IN THE COUNTY.
WALKER WALKER'S IS IN THE COUNTY? IT IS. THAT'S THE ONLY ONE.
IT HAS COMMERCIAL ZONING ANYWAY.
YEAH, THAT'S THE ONLY ONE I CAN THINK OF.
[16:50:01]
YEAH. THERE'S NOT MANY LEFT OUT.YOU SHOULD BE OUT OF STATE LINES, RIGHT? YEAH. COME OVER ON SUNDAY AND GET BEER.
FROM DELAWARE. RIGHT? YEAH. THAT'S HOW WALKER MADE ALL THAT MONEY.
STATE LINE. STATE LINES IN TOWN IN MARYDELL.
OKAY. YEAH. SO, I DIDN'T KNOW WE COULD CONSIDER.
BUT MY QUESTION IS THEN WE COULD CONSIDER CHANGING OUR LIQUOR STORE REGULATIONS.
I THOUGHT THEY HAD A CATCH FOR THAT.
I REMEMBER THINKING, MAN, THEY THOUGHT OF THAT TOO.
BUT I THINK I REMEMBER SEEING THAT.
YOU KNOW, THE ONLY PLACE YOU CAN PUT A LIQUOR STORE IS AT I DO, OR I WRITE.
REMEMBER WE TALKED ABOUT THAT BECAUSE WE CAUGHT IT THAT UP THERE, THEY GOT US THERE.
IT'S NOT IN THE SAME SENTENCE WITH THE THAT THE HEMP.
I DON'T SEE IT EITHER, BUT I CAN'T BELIEVE WE ALL DREAM THE SAME THING.
WE'D REALLY BE POKING THE BEAR THERE, WOULDN'T WE? YEAH. SO, WE ARE TIED TO THE 500-FOOT DISTANCE FOR SCHOOLS AND DAYCARES THAT'S SET IN STATE PLAYGROUNDS, REC CENTERS, LIBRARIES, PUBLIC PARKS OR PLACES OF WORSHIP.
THE ONLY THING WE'RE NOT, THEY STATE 1000-FOOT SEPARATION BETWEEN DISPENSARIES, BUT THEY DO GIVE US THE ABILITY TO INCREASE THAT DISTANCE, SEPARATION DISTANCE FOR THE DISPENSARIES TO ONE HALF MILE.
NOW, IS THAT INSIDE OF A ZONE ZONING DISTRICT OR THAT THEY'RE SAYING WE HAVE TO ALLOW IT IN ALL ZONING DISTRICTS? NO. SO THAT WOULD JUST BE IF YOU HAVE TWO DISPENSARIES IN A COMMERCIAL DISTRICT, THEY HAVE TO BE 1000FT FROM EACH OTHER, UNLESS YOU WANT TO INCREASE THAT DISTANCE TO A ONE-HALF MILE.
DOES THE LAW SPECIFICALLY SAY YOU HAVE TO ALLOW THEM IN A COMMERCIAL ANY COMMERCIAL ZONING DISTRICT? IT SAYS YOU HAVE TO ALLOW THEM ANYWHERE YOU ALLOW A LIQUOR STORE.
WHICH IS COMMERCIAL RIGHT NOW, BUT WHAT I'M SAYING IS WE COULD CHANGE IT.
STUART. I WANT TO MAKE SURE THAT THERE ISN'T SOMETHING IN THERE THAT I KNOW.
HEADS US OFF. I CAN'T FIND IT, BUT.
SO. I MEAN, AND THAT IS THE ONE THAT I PRESUME IS ABOUT LIQUOR LICENSES.
BUT I KNOW, I SWEAR WE READ THAT.
WELL, WE WEREN'T GOING TO APPROVE THIS TO SEND IT ON TO THE COMMISSIONERS.
NO, I DIDN'T WANT TO. I DIDN'T WANT TO MODIFY THE REGS TILL WE HAD A DISCUSSION.
UNTIL YOU HAD A DISCUSSION TO SEE.
FIRST OFF, I WANTED TO HEAR STUART'S ADVICE ON THE ON THE GROWING PART OF IT TO SEE.
DO WE PROCEED WITH THAT OR DO WE, I THINK, DO WE NOT? I MEAN, I LIKE IT, BUT IT'S A.
EVERYBODY LIKES TO GUESS AT THE INTENT OF THE LEGISLATURE TO WRITE, WELL, WHAT THE COURTS START WITH IS THE LANGUAGE OF THE STATUTE. AND IF THE LANGUAGE IS UNAMBIGUOUS, THAT'S THE END OF THE ANALYSIS.
THEY DON'T GET ANY FURTHER THAN THAT.
PLAIN LANGUAGE OF THE STATUTE, JUST LIKE A DEED OR A WILL.
COULD HAVE BEEN IN, LIKE, THE FIRST. I THINK I SENT YOU A TEXT ABOUT THAT.
THEY MAY HAVE DROPPED THAT. I MEAN, THERE WAS AMENDMENTS MADE THROUGH THAT.
SO, I'M NOT SEEING IT IN HERE.
I DON'T SEE IT, BUT IT DOES SAY IN AN AREA ZONED ONLY.
YEAH. I MEAN WHAT'S YOUR OPINION ON IT.
SHOULD, SHOULD IT BE MR. BILBREW. AND GIVEN THE FACT IN MARYLAND THERE ARE JURISDICTIONS THAT HAVE AGRICULTURAL ONLY ZONING, RIGHT?
[16:55:04]
NO. MAY NOT.I DON'T CARE IF THERE'S NONE OF THEM.
DEFINITELY. MR. MCKNIGHT, WITH YOUR. DISTANCE WISE.
I'M NOT I DON'T I THAT'S I MEAN IF WE GET IF I MEAN TO GIVE TO GIVE CRYSTAL AND STAFF SOME DIRECTION ON WHAT OUR SENTIMENTS ARE, IS IT TRY TO STICK TO WHAT WE ORIGINALLY DRAFTED IF WE CAN FIND WAYS TO DO IT.
RIGHT. I AGREE EXCEPT FOR THE RETAIL ONE.
JUST THE GROWERS AND THE. AND THE PROCESSORS.
KEEP WHAT WE ALREADY HAD FOR THOSE TWO.
WE PROBABLY DON'T HAVE A COMMERCIAL ZONE DISTRICT THAT BIG.
YES. YOU WOULD BE LIMITED TO ONE RIGHT.
SO WE DON'T DO WE HAVE A COMMERCIAL ZONING DISTRICT THAT'S A MILE BY A MILE? WE DON'T HAVE ONE THAT BIG IN THE CAMP.
ONE HALF MILE. YEAH, BUT IT WOULD HAVE TO BE A HALF.
YEAH. I THINK IF YOU IF YOU WENT OUT ON 404.
SO THERE IS SOME STRIPS OF C2 ZONING THAT FRONTS THAT MIGHT BE IN THAT ONE HALF MILE OF C2 ON 404, POSSIBLY A LOT OF OTHER COMMERCIAL ZONING DISTRICTS.
ONE ONE THERE ALREADY WOULD BE A HALF A MILE IN EITHER DIRECTION THAT THEY WOULD HAVE TO GO IN C2, AND YOU COULDN'T PUT ANOTHER DISPENSARY WITHIN, RIGHT? IF WE WE SAY WE'RE WE'RE NOT GOING TO GO WITH 1000 FOOT.
TWO. OTHER OUR OTHER C2 ZONINGS ARE A LOT OF TIMES IN VILLAGE CROSSROADS.
YEAH. I'M JUST OH GRANDFATHERED STORES RIGHT THERE IN THOSE LIKE VILLAGE CROSSROADS.
IT'S LIKE A SQUARE RIGHT AT THAT INTERSECTION.
YOU'RE ONLY GOING TO GET ONE THERE.
BUT THOSE WERE IF YOU WERE IN A RURAL VILLAGE, THOSE BECAME VILLAGE.
I THINK WE STILL HAVE SOME OUT THERE, LIKE BALTIMORE CORNER EDGES OF STUFF, LITERALLY ALL RURAL.
AND C2 IS RIGHT THERE WHERE THE STORE RIGHT THERE.
THAT'S GOING TO HAVE A DISPENSARY.
YEAH. YOU COULD HAVE ONE IN BALTIMORE CORNER I MEAN THAT THOSE ARE THEY'RE GOING TO.
YEAH. YOU HAVE TO BE LICENSED RIGHT.
YEP. IS THAT A LICENSE BY THE STATE.
YES. AND THEY ONLY GRANT SO MANY PER.
THERE'S ONLY ONE DISPENSARY AM I.
RIGHT. RIGHT NOW WE'VE BEEN GRANTED ONE DISPENSARY AND ONE PROCESSOR THAT WE'RE AWARE OF.
IT'S ONLY ONE LICENSE INSIDE THE ENTIRE COUNTY, SO IT MAY FALL UNDER THE TOWN TO FIGURE IT OUT ANYWAY, BUT DOESN'T MEAN NEXT YEAR THAT THE NEXT CYCLE DOESN'T OPEN UP AND THEY GRANT TWO MORE OR ONE MORE, RIGHT? THIS IS GOING TO TAKE SOME THOUGHT, BUT I THINK WHAT OUR CONSENSUS IS, IS STICK WITH WHAT WE GOT IF WE CAN MAKE IT AS.
CONCISE OF AN AREA AS WE CAN MAKE IT.
SO WOULD YOU LIKE ME TO BRING YOU BACK DRAFT REGULATIONS NEXT MONTH OR DO YOU WANT.
DEPENDS ON HOW BUSY WE'RE NEXT MONTH.
BUT YEAH. WITH A RECOMMENDATION OR HOW BUSY YOU ARE BETWEEN NOW AND NEXT MEETING THAT NEVER STOPS.
ARE WE GOING TO SAY YOU'VE GOT A LOT GOING ON RIGHT NOW? SO IF YOU I MEAN, IF YOU CAN DO SOMETHING THEN SURE.
YEAH. SO YOU KNOW, WE CAN EITHER I CAN BRING THIS BACK IN A DRAFT FORMAT LIKE WE HAD BEFORE.
WE'LL BREAK IT OUT FROM JUST CANNABIS FACILITIES TO GROWERS, PROCESSORS AND DISPENSARIES AND PUT OUR SPECIFIC REGULATIONS FOR GROWERS AND PROCESSORS WILL BE THE SAME, AND THEN DISPENSARIES WILL BE OVER HERE WITH THE NEW SETBACKS AND ZONING DISTRICTS.
THAT WAY YOU CAN ACTUALLY SEE TO HAVE IT IN PLACE.
WE SHOULD TECHNICALLY HAVE IT IN PLACE NOW, RIGHT? I GUESS. RIGHT, BECAUSE WE'VE GOT I MEAN, THE BOTH THE PERSON WHO WAS GRANTED THE DISPENSARY AND THE PERSON WHO'S GRANTED THE PROCESSOR IS OUT ACTIVELY SEEKING PROPERTIES. BECAUSE THEY HAVE A TIMELINE THEY HAVE TO MEET THAT THEY HAVE TO BE UP AND OPERATIONAL BECAUSE.
SO THEY GO THROUGH THE INITIAL PRE APPROVAL.
ARE YOU IN TOUCH WITH THAT PERSON.
THE ONE I KNOW. I KNOW THE DISPENSARY ONE MOST LIKELY.
THAT'S PROBABLY GOING TO END UP IN THE MUNICIPAL LIMITS.
[17:00:09]
MANUFACTURING. AND THEY WERE LIKE, OKAY, KEEP THAT IN MIND WHILE I'M LOOKING FOR PROPERTIES.ONE OF THE THINGS I'VE NOTICED.
THEY YOU KNOW, IT'S LIKE A DRY.
IT'S ALMOST LIKE A CHICK FIL A.
I MEAN, I MEAN, I MEAN, IT'S GOT AN IPAD OUT THERE.
WELL, THAT'S WHERE YOU HAVE TO HAVE.
YOU WOULD NOT BE ABLE WORSE THAN A CHICK-FIL-A, RIGHT.
I MEAN I MEAN THE ONE IN CAMBRIDGE HAS A PARKING.
AND WHEN THEY'RE FULL, THEY TELL PEOPLE, YOU CAN'T YOU CAN'T COME IN, COME BACK IN AN HOUR.
THAT IS A THAT'S A VERY VALID CONCERN.
YOU KNOW, WE'RE TALKING ABOUT THESE SUPPLEMENTARY REGS.
BUT TO GO HAND IN HAND WITH THAT THAT RETAIL LIQUOR STORE IS REQUIRED TO AND IS SUBJECT TO A SITE PLAN APPROVAL WHICH HAS TO COMPLY WITH PARKING REGULATIONS.
AND IF WE KNOW THIS TYPE OF BUSINESS IS NOT GOING TO GENERATE THE SAME TRAFFIC.
BUT CAN WE DO THAT? CAN WE HAVE PARKING RESTRICTED PARKING REGULATIONS THAT WOULD BE MORE RESTRICTIVE THAN WHAT WE WOULD DO FOR A LIQUOR STORE? OR ARE WE STUCK WITH WHAT WE HAVE.
PROBABLY STUCK WITH WHAT YOU HAVE.
THEY DON'T HAVE ENOUGH PARKING.
THEY GOT THREE CARS. THEY'LL BE LINED UP DOWN THE ROAD LIKE A RIGHT.
THREE PARKING SPOTS WILL BE LINED UP DOWN THE ROAD LIKE A WONDER.
YEAH, AND THAT'S THE PROBLEM WITH COMPARING IT TO A LIQUOR STORE.
YEAH, YEAH. BECAUSE IT'S NOT COMPARABLE WHEN YOU LOOK AT THINGS LIKE THE TRAFFIC GENERATED FROM IT.
BECAUSE PEOPLE PEOPLE ARE GOING PEOPLE ARE GOING TO DRIVE PEOPLE.
YEAH. PEOPLE ARE GOING TO DRIVE A DISTANCE.
I MEAN, YOU KNOW, TO COME TO THIS ONE, I MEAN, IF YOU'RE ONLY GOING TO GIVE ONE TO CAROLINE COUNTY, RIGHT? I MEAN, WE HAVE MULTIPLE LIQUOR STORES.
YOU GOT OPTIONS, YOU GOT OPTIONS.
I'M SORRY TO USE THAT. THAT'S A GOOD.
BUT I MEAN, THAT'S A GOOD POINT.
YOU'RE BREAKING UP OF THE VOLUME BECAUSE IT'S A MONOPOLY ESSENTIALLY.
ONE DISPENSARY WHEN YOU LOVE TO HAVE ONE ELECTRICIAN IN THE COUNTY.
SO THE QUESTIONS I HAVE FOR STUART.
HE'S GRANTED A LICENSE RIGHT NOW, MAKES A PURCHASE OF A PIECE OF PROPERTY THAT IS NOT I TO.
DO THEY BECOME? GRANDFATHER BECAUSE WE HAVE NOT ESTABLISHED REGULATIONS.
THAT IS WHY I ASKED YOU WHETHER YOU'RE IN TOUCH WITH THEM.
AND YOU SAID YOU HAVE WARNED THEM THAT THE COUNTY IS IN CONDITIONING I TO.
YES. HAVE YOU CREATED AN EMAIL THREAD? NO, BECAUSE IT WAS A PHONE CALL AND ANOTHER STAFF MEMBER TOOK IT AND BASICALLY TOLD THEM, NO, THE COUNTY HAS NOT ADOPTED REGULATIONS.
ARGUMENT ABOUT IT WAS LIKE, OKAY, WE'RE, YOU KNOW, WE'RE WE'RE LOOKING FOR PROPERTIES.
WE JUST WANTED TO KNOW WHERE WE COULD LOCATE.
WELL, AND IT MAY WELL BE THAT THAT WILL BE FINE, RIGHT? BUT IT MAY NOT BE, BUT IT MAY NOT BE.
AND THEN THEY TURN ON YOU AND SAY THAT WE'RE VESTED OR WE HAVE DETRIMENTALLY RELIED.
THESE REGULATIONS, WHICH NOW INVALIDATE MY RIGHT NOW THEY HAVE VESTED RIGHTS.
WELL, WHEN DID WHEN DOES THE LAW GO INTO EFFECT? IT'S ALREADY IN EFFECT.
[17:05:02]
I DIDN'T KNOW ANY.I HAD NO IDEA THE COUNTY WAS GOING TO AMBUSH ME LIKE THAT.
AND I RELIED ON IT, YOU KNOW? AND SO THAT'S WHY IT IS NICE THAT YOU HAVE SOMEBODY'S TESTIMONY THAT THAT CONVERSATION TOOK PLACE.
BUT. DON'T KNOW WHO IT IS AND IF IT WAS VERBAL.
SO WE DON'T KNOW THE PERSON'S IDENTITY? NO. ISN'T THERE A STATE RECORD OF THEM HAVING GOTTEN A LICENSE? OH, WELL, THAT'S TRUE BECAUSE THERE'S THERE'S ONLY ONE THAT WAS GRANTED.
IF THEY GAVE A CELL PHONE AND NAIL THAT PART SHUT, THAT THEY CLAIM THAT THEY WERE TOTALLY IGNORANT WHEN THEY ENTERED INTO THIS CONTRACT OR BOUGHT THIS PROPERTY.
AND INVITE THEM TO CONTACT THE OFFICE FOR FURTHER INFORMATION AND THAT KIND OF STUFF.
OKAY, BUT THAT WOULD BE THE SENSE OF NOT WAITING.
YEAH, AND I'M NOT SURE HOW MUCH INFORMATION IS AVAILABLE TO THE STATE I'VE SEEN.
LICENSES THAT ONLY INCLUDED THE CORPORATION NAME.
WELL, REALLY, REALLY, THE ONLY CHANGE TO THE DRAFT THAT YOU'VE ALREADY PUT FORWARD IS WE'D HAVE TO CHANGE LIQUOR STORES TO ONLY BE ABLE TO GO IN I TO CORRECT, I MEAN, AND THAT'S DRIVEN BY STATE LAW TOGETHER.
RIGHT. SO THE ONLY THING I WOULD NEED IS DO YOU WANT TO GO WITH THE ONE HALF MILE OR THE 1000FT FOR DISPENSARY SEPARATION? OR DO YOU CARE? IF IT'S AN ODD TWO, I DON'T REALLY CARE.
I MEAN, GO HALF MILE IF THAT'S WHAT THEY GIVE US.
YEAH, WE HAVE THE ABILITY TO GO BEYOND THE THOUSAND FEET TO ONE HALF MILE.
NOW WE'RE NOT TALKING. ARE WE TALKING ABOUT DISPENSARY? DISPENSARY ONLY WOULD BE.
ANY LIQUOR STORES MOVING FORWARD TO I-2 DISTRICT.
SO THAT MEANS DISPENSARIES WOULD BE IN IT.
BUT CAN WE CHECK THAT THAT ISN'T SOMETHING THAT THEY'VE ALREADY.
WORK AROUND HEADED US OFF AT THE PASS ON.
YEAH, ABSOLUTELY. I MEAN IF, IF, IF IT'S ALREADY WORKED AROUND.
YEAH. I MEAN, WHEN'S THE LAST WHEN'S THE LAST LIQUOR STORE APPLICATION YOU'VE HAD? NONSENSE. THE LAST ONE THAT WOULD HAVE HAD A LIQUOR LICENSE.
THAT'S IN TOWN? YEAH, THAT'S IN TOWN.
I'M TRYING TO THINK IN THE COUNTY.
HAVE WE HAD A COMMERCIAL? GOOSE CREEK'S BEEN THERE SINCE? NO. OUT OF OUR LICENSE HOLDERS THAT HAS BEEN BUILT, A NEW CONSTRUCTION OR CONVERSION OF ANYTHING.
I DON'T THINK THERE'S BEEN ONE IN DECADES.
BECAUSE ROYAL FARMS IS A NEW COMMERCIAL STORE, BUT THEY DON'T HAVE A LICENSE, RIGHT? BUT IT WOULDN'T AFFECT IT WOULDN'T AFFECT, LIKE, THESE EVENT VENUES.
THAT'S NOT. YEAH, NOT A LIQUOR STORE.
YEAH. I MEAN, A BAR IS NOT CONSIDERED A LIQUOR STORE, RIGHT.
SO WHEN THE FACT SOMEBODY WHO WANTED TO OPEN A BAR RESTAURANT.
NO, JUST A RETAIL STORE, RETAIL, A RETAIL SALE OF ALCOHOL, I CAN'T THINK OF ANY NEW ONES.
I CAN'T THINK OF ANY NEW ONES.
NO, NOT IN DECADES THAT HAVE BEEN BUILT OUTSIDE OF A MUNICIPALITY.
I DON'T ANY NEW RETAIL STORES THAT HAVE BEEN BUILT IN THE COUNTY.
I MEAN YOU GOT ROFO OUT AT HARMONY.
THAT'S WHAT MY TAKE IS, IS DO THAT, DO THE ONE HALF MILE.
SO THE ONLY CHANGE FROM YOUR ORIGINAL PROPOSAL WAS BASICALLY PULLING THE DISPENSARIES OUT AND FOLLOWING EXACTLY WHAT THE STATE SAYS, WITH THE EXCEPTION OF GOING FROM THE 1000FT TO THE ONE HALF MILE SEPARATION.
YEAH. BUT THEN YOU'RE ALSO GOING TO.
BUT IF YOU DO THAT GUIDELINE RIGHT NOW THEN THAT'S GOING TO PUT DISPENSARIES ANYWHERE.
RIGHT. AND WE HAVE TO BECAUSE THAT'S OUR SO SO HOW DO WE CHANGE THE REGULATIONS FOR LIQUOR STORES.
DOES THAT HAVE TO BE DONE PRIOR TO THIS SIMULTANEOUSLY? I MEAN LIKE RIGHT NOW. YEAH.
SO IN OTHER WORDS, IF SOMEBODY WAS TO READ THE REGULATIONS AND IT SAID WE'D BE IN VIOLATION, RIGHT? YEAH. FOR A SHORT PERIOD OF TIME.
UNTIL WE GOT THE LIQUOR STORE.
THE CODE CHANGED. SO IF A DISPENSARY.
WELL, THAT WOULD BE DEATH CAME IN.
YEAH. WE'VE CHANGED OUR REGULATIONS.
BUT I JUST FEEL LIKE THERE'S SOMETHING IN THERE THAT SAYS, WE CAN'T DO THAT.
WELL, THERE'S THIS ARTICLE ONE, LINE 32, IN THIS SECTION ON UNDULY BURDEN.
[17:10:08]
YES. IMPOSING A ZONING REQUIREMENT OR RESTRICTION.ON THE USE OF THE PROPERTY AS A CAN OF.
SEEING OR RESTRICTIVE THAN THE REQUIREMENTS ESTABLISHED UNDER THE ALCOHOL AND THE.
BUT IF YOU'RE PUTTING THAT LIMITATION ON ALCOHOL AS WELL.
BUT IF YOU'RE DOING IT NOW I THINK THAT IS A RED FLAG.
THAT'S WHERE I THINK THEY CAUGHT IT.
NO PRIOR TO X X 2024 TO CATCH THAT.
SO THIS APPLIES TO EVERYTHING THAT YOU LICENSED BEFORE THAT.
I THINK THAT WAS WHAT WE PICKED, WHAT WE CAUGHT LIKE OH AT ONE POINT.
BUT NOW I'M LOOKING AND I DON'T SEE WELL IT'S GOING TO TAKE A LITTLE RESEARCH.
YEAH. WE GOT WE GOT TO CHECK FOR THAT BECAUSE I KNOW IF WE CAN IF WE CAN.
THE OTHER THING I WANT TO WARN YOU ABOUT IS IF WE START PUSHING OUR RETAIL STORES INTO OUR I TO, IS THAT REALLY GOING AGAINST OUR ZONING? LIKE WE NEED THAT I TO WRITE.
I MEAN THE I TO IS ESTABLISHED FOR WAREHOUSING TRUCKING TERMINALS AND THINGS OF THAT FASHION.
AND WHAT YOU DON'T WANT TO DO IS START MIXING.
EXACTLY. I THINK YOU CAN STRETCH IT OUT TO A HALF A MILE BETWEEN DISPENSARIES.
THAT'S THAT'S PRETTY MUCH LIMITING ONE, RIGHT? BASED ON WHERE OUR C-2 ZONING IS.
I MEAN, WE CAN ALWAYS, YOU KNOW, CHECK NEXT MONTH, ZONING.
TAKE A LOOK AT THE MAP, TAKE A LOOK AT WHERE C-2 ZONING IS.
WE CAN DO THAT. THEY WOULD BE LESS OF A LIGHTNING ROD.
YEAH, BECAUSE I ALMOST WONDER HOW MUCH OF THIS WAS TARGETED BECAUSE OF THE DRAFT WE PUT OUT.
I WONDER IF THAT'S CIRCULATED IN THE LEGISLATURE.
I DON'T KNOW THAT ANYBODY CARES IN THE LEGISLATURE ABOUT CAROLINE COUNTY.
MAY THAT ONE HALF MILE, TWO PEOPLE HAVE TO.
YEAH. IT'S GOING TO LIMIT ANY CONGREGATION OF THEM ANYWHERE.
AND, YOU KNOW, ALL THOSE OTHER THINGS THAT GO HAND IN HAND WITH GETTING A PERMIT FOR THE BUILDING.
THAT'S FINE. PUSH IT TO A HALF A MILE OKAY.
AND THEN THEN WE DON'T HAVE TO WORRY ABOUT CHANGING LIQUOR.
SO REALLY WE'RE ONLY MAKING ONE MINOR ADJUSTMENT TO THE DRAFT.
RIGHT. WE'RE JUST INCLUDING THE STATE REQUIREMENTS FOR THE DISPENSARIES.
AND WE'RE GOING TO GO WITH THE ONE HALF MILE INSTEAD OF THE 1000 FOOT.
AND THEN GROWERS AND PROCESSORS WE'RE JUST STILL GOING TO SO SO SO IF YOU'RE GOOD WITH THAT THEN WE COULD GO I GO AHEAD AND DRAFT THAT AND THEN WE CAN MOVE THAT FORWARD AS A RECOMMENDATION TO THE COMMISSIONERS.
YES. UNLESS YOU WANT IT BACK NEXT MONTH.
BUT I SAY WE GET IT DONE BECAUSE.
YEAH. THEN YOU GUYS YEAH, WE HAVE OUR REGS IN PLACE FOR WHEN SOMEBODY COMES IN FOR THAT PERMIT.
THAT WOULD IMPEDE THE TRAFFIC PROBLEM.
WOULD THAT BE ANYTHING? IF IT'S ON A STATE HIGHWAY, THEY'D HAVE TO GET A STATE HIGHWAY ENTRANCE PERMIT.
I'M JUST SAYING THAT THOSE THINGS COULD BE SOMETHING THAT WE.
UNDERSTAND WHAT I'M SAYING? THAT IF THEY CHOOSE THIS PROPERTY AND AND SIX MONTHS DOWN THE ROAD, THEY FIND, WE FIND OUT THAT THEIR THAT THE TRAFFIC IS, IS THEY'RE GOING WELL I DON'T KNOW I BELIEVE I'M THROWING STUFF OUT HERE BECAUSE I, I'M GONNA TELL YOU, I DON'T CARE WHERE THEY PUT IT AT.
I'M, WE'RE GOING TO HAVE A TRAFFIC PROBLEM.
YEAH. ANY, ANY RETAIL STORE IS GOING TO ANY RETAIL STORE REQUIRES SITE PLAN APPROVAL.
NO. WHETHER IT'S MINOR OR MAJOR.
SO THAT CAN BE PART OF YOUR DISCUSSION IN THAT SITE PLAN APPROVAL.
BECAUSE IT'S GOING TO BE BASED ON ON RESEARCH THAT WE'VE DONE, WHICH PERSONALLY I'VE DONE.
WELL THE THE LOCATION DOWN THERE, ONE OF THE GOOD THINGS IS IT WAS A NEW BUILDING.
SO IT ALREADY HAD MAYBE 50 SPACES ALREADY ALLOTTED, BECAUSE THAT'S THE PROPERTY THEY CHOSE.
AND IT WAS IT WORKS OUT OKAY THAT BUT THE PEOPLE ARE OFF THE HIGHWAY.
[17:15:05]
BUT THE FIRST DAY THEY OPENED, IT WASN'T THEY WERE ON ROUTE 50.AND THE POLICE, THEY HAD TO EVEN HAVE THE POLICE OUT THERE DIRECTING TRAFFIC.
SO THAT'S JUST A. WELL, AFTER AFTER THE, AFTER THE NEWNESS WORE OFF.
BUT THIS AIN'T GOING TO HAPPEN THAT WAY I GUARANTEE YOU THAT ADDED GUARANTEE BECAUSE THEY'RE LINE THEY'RE LINED UP DOWN THERE AT 1214 CARS BEFORE IT EVEN OPENS UP.
YOU KNOW WHAT I MEAN? BUT I WILL TAKE GETTING IN LINE BEFORE THAT'S THE THING.
THEY'LL GET IN LINE PRIOR TO IT EVEN OPENING UP.
SO THAT'S WHAT YOU'RE GOING TO.
I'LL GET MEGAN, OUR GIS COORDINATOR, TO JUST TAKE A LOOK AT THE MAPPING AND SAY, DO WE HAVE ANY SEGMENTS OF C2 OR C1 THAT IS LONGER THAN A, YOU KNOW, ONE HALF MILE JUST TO SEE IF THERE'S ANY AREAS THAT YOU COULD POSSIBLY GET TO IN? AND I THINK THE ONLY AREA WOULD BE 404.
WE DO HAVE A STRIP OUT THERE BY CLAYTON FARMS ALONG THERE THAT.
WE'LL PUT IT IN YOUR NAME. SO WHO HAS TO BE BEFORE JUNE OF 2023.
SO WE'RE GOING TO PUT A BALL FIELD ON IT.
BUT THE BLADES D'ARCY DAYCARE RECREATION.
DO YOU WANT TO MAKE A MOTION? WHO WANTS TO MAKE THE MOTION? OKAY, I'LL MAKE A MOTION THAT WE GO WITH THE THE EXTENDED DISTANCE ONE HALF MILE FOR THE DISPENSARIES.
AND WE PUT THE STATE REGULATIONS FOR DISPENSARIES IN OUR, YOU KNOW, IN OUR REGULATIONS AND THE GROWERS AND THE PROCESSORS GOING ON TO IT.
RIGHT? OKAY. AS WHAT WAS ALREADY ORIGINALLY PROPOSED.
OKAY. MOTION AND SECOND AND FORWARD THAT.
ON TO THE COMMISSIONERS FOR WITH OUR APPROVAL.
NEXT. THOUGHT THIS WAS GOING TO BE A SHORT MEETING.
DEPARTMENT UPDATE, SINCE WE'RE TALKING REGULATIONS.
WE WILL ALSO BE LOOKING AT SOME PROPERTY MAINTENANCE TEXT AMENDMENTS.
I DON'T KNOW IF IS ZONING TEXT AMENDMENTS.
THE ONLY THING THAT GOES TO PLANNING COMMISSION IS LAND USE.
SO LIKE UNSAFE STRUCTURES CODE OR UNSAFE STRUCTURES CHAPTER OF OUR COUNTY CODE.
IS THAT SOMETHING THAT GOES TO THE PLANNING COMMISSION? I THINK SO OKAY.
SO IF THAT'S THE CASE, THE TWO AND SPEAKING WITH THE COUNTY COMMISSIONERS YESTERDAY, WE'RE LOOKING AT ADOPTING REGULATIONS FOR RECREATIONAL VEHICLES FOR TEMPORARY OCCUPANCY.
HOWEVER, THERE WILL BE PROVISIONS THAT WOULD ALLOW TEMPORARY OCCUPANCY WITH A PERMIT, A LIMITED TIME THAT YOU CAN DO IT, AND THAT COULD BE HUNTING, THAT COULD BE, YOU KNOW, VISITORS FROM OUT OF TOWN THAT ARE COMING AND STAYING, BRINGING THEIR CAMPER AND STAYING THERE FOR A COUPLE OF WEEKS.
WHAT ELSE? MAYBE YOU'RE BUILDING A HOUSE AND YOU SOLD YOUR HOUSE EARLY, AND YOU KNOW YOU'RE GOING TO TAKE A CAMPER AND STAY THERE FOR THE FINAL TWO MONTHS WHILE YOU'RE CONSTRUCTING. BUT THERE WILL BE A TIMELINE, A PERMIT PROCESS.
SO I'LL BE BRINGING YOU DRAFT REGULATIONS FOR THAT.
THAT WILL BE A ZONING TEXT AMENDMENT.
AND THEN THE OTHER ONE IS ABANDONED STRUCTURES AND CREATING REGULATIONS FOR DEMOLITION BOARDING UP.
RIGHT NOW WE HAVE UNSAFE STRUCTURE REGULATIONS THAT STATE THAT.
IF IT'S UNFIT FOR HUMAN OCCUPANCY, IT'S NOT IN DANGER OF FALLING DOWN OR COLLAPSING.
YOU SIMPLY JUST HAVE TO BOARD IT UP SO NO ONE CAN ENTER IT.
[17:20:04]
OF TEARING IT DOWN.BUT SOMEONE COULD OWN THAT PROPERTY FOR THE NEXT TEN YEARS, AND WE'RE OUT.
YOU KNOW, THAT PROPERTY AND THE ADJACENT PROPERTY OWNERS HAVING THE IMPACT FROM THAT, THAT ABANDONED STRUCTURE RIGHT NEXT DOOR TO THEM AND WITH THE STRUCTURES, WE'RE NOT THINKING ABOUT THE ABANDONED FARMHOUSE OUT IN THE MIDDLE OF A33 HUNDRED ACRE FIELD.
WHAT WE'RE TALKING ABOUT IS IN THE VILLAGES, RIGHT? WE'RE LOOKING AT SAYING WITHIN A CERTAIN DISTANCE OF A NEIGHBORING PROPERTY.
SO 50FT, IF IT'S ABANDONED, RUNDOWN HOUSE WITHIN 50FT OF A RIGHT OF WAY OR A PROPERTY POVERTY LINE, YOU'RE GOING TO HAVE TO TAKE IT DOWN, YOU KNOW, BECAUSE IT'S A HAZARD.
SOME OF THESE RURAL VILLAGES, WE HAVE SOME OLD, ABANDONED HOUSES OUTSKIRTS ORIGINALLY THERE'S ONE.
IS IT STILL THERE? THE ONE IN HOBBS MIGHT BE.
YEAH, YEAH. I MEAN, THOSE HOUSES ARE CLOSE TOGETHER THERE.
YEAH. NOW, WHEN YOU WERE SAYING RVS.
I KNOW IT'S OUT OF OUR JURISDICTION, BUT IT'S IN A PLACE CALLED OUTSIDE OF INGLESIDE.
WE HAVE A FARM OUT THERE WHERE IT SEEMS TO GO.
RECOVERING ADDICTS WHO ARE LIVING OUT THERE AND THE MAN ACTUALLY HAS BOUGHT, HAS STARTED MOVING OLD RVS UP THERE, AND HE'S RENTING THEM OUT TO THE PEOPLE UNDER, YOU KNOW, UNDER THE TABLE.
NO FACILITIES ARE HOOKED UP IN THERE.
BUT. AND THAT'S WHAT INITIATED THIS.
YEAH, THAT THAT IS, IT'S I DON'T KNOW IF THERE'S ANY IN CAROLINE COUNTY.
THEY'RE EVERYWHERE. THEY'RE EVERYWHERE.
I MEAN I'VE SEEN THEM AND I KIND OF LOOK AT IT A LITTLE.
I DID MY EYE A LITTLE BIT WHEN I SEE IT, BUT.
AND, AND ALL THE LITTLE CAMPS THEY'VE STARTED THERE.
YEAH. YEAH. I MEAN IT'S BEEN DONE LIKE THAT.
AND THE PROBLEM IS, IS THEY'RE POTENTIALLY THEY CAN THEY, THEY COULD BE HAZARDOUS.
WE DON'T KNOW IF THEY'RE PROPERLY DISPOSING OF THEIR SEWAGE.
SO THERE'S A LOT OF REASONS WHY, YOU KNOW, WE WANT TO ESTABLISH THE REGULATIONS TO SAY THAT, YOU KNOW, I'M ASKING I'LL BE HONEST WITH YOU BECAUSE I'M, I ASK THOSE QUESTIONS TO THE A LOT OF THEM COVERING THE ADDICTS OUT THERE.
AND I SAID, WELL, WHAT ARE YOU DOING WHEN YOU NEED THE SNOW ON THE GROUND? AND I WE HAVE PURCHASED AND WE HAVE PURCHASED PORTABLE SHOWERS THAT CAN BE HOOKED TO A GARDEN HOSE.
BUT YOU CAN PROBABLY SEE HIM WHEN YOU DO CAMPING AND STUFF LIKE THAT.
WELL, THEY'RE, THEY'RE GOING BACK TO 19, 20 AND BUCKETS AND EVERYTHING ELSE.
SO THEY'RE USING PAINT CANS AND THAT'S THE TOILETS.
AND OF COURSE, THEY'RE JUST DUMPING THEM OUT IN THE FIELD.
SO WHAT WE'RE THINKING IS YOU COME IN, YOU PAY TEN BUCKS OR 20 BUCKS, GET A PERMIT AND YOU CAN HAVE A CAMPER, YOU KNOW, LET'S SAY. ONE, 1 OR 2 MONTHS OUT OF THE OUT OF A 12 MONTH PERIOD OR A 24 MONTH PERIOD.
A LIMIT OF ONE ONE PER PARCEL.
ABSOLUTELY RIGHT. THAT'S THE KEY RIGHT THERE IS HAVING THAT ONE.
SOME HUNTING. I DON'T KNOW THAT WE GOT A HUNTING CAMPS AROUND THAT THIS WOULD AFFECT.
THERE'S SOME PEOPLE THAT ARE 1 OR 2 AND, YOU KNOW, SOMETIMES THEY TEND TO THEY TEND TO STAY THERE AND THEY BECOME IN SUCH A STATE OF DISREPAIR THAT THEY END UP JUST ABANDONING THEM AND THEN GOING AND GETTING ANOTHER ONE AND BRINGING IT OUT THERE AND LEAVING THAT ONE THERE.
SO IT'S UNFORTUNATE THAT WE'VE GOT TO DO IT, BUT WE'VE GOT TO DO IT, AND WE'VE GOT TO TRY TO DO IT IN A WAY THAT WE CAN ACCOMMODATE THE PEOPLE WHO AREN'T ABUSING IT, YOU KNOW? RIGHT. SO BUT RIGHT NOW WE HAVE WE HAVE NOTHING.
YOU'VE BEEN DOWN TO ADAMS LANDING ROAD RECENTLY, AND SEEING.
I'M THINKING ABOUT TRYING TO FIGURE OUT HOW TO BUY THAT.
YEAH, I HOPE YOU DO, BECAUSE THAT'S A HECK OF A LOOKING MESS.
AND THEY'RE SAYING, WELL, THERE'S TWO OF THEM THERE.
THERE'S THE HOUSE ON THE RIGHT.
YEAH. SO I MEAN, THAT'S THE NEXT THING.
[17:25:05]
COMMISSIONERS. THERE'S A THOUSAND PEOPLE IN AN UPROAR, AND THEY GET SCARED AND THEY WALK AWAY AND THEY DON'T PASS ANYTHING.THAT'S WHY WE HAVE BASICALLY NOTHING AS FAR AS PROPERTY MAINTENANCE CODE.
I MEAN, AS I'VE TOLD CRYSTAL, IT'S GOING TO BE EXTREMELY DIFFICULT FOR US TO COME UP WITH THESE REGULATIONS AND IT'S GOING TO TAKE SOME TIME BECAUSE WE HAVE ANYWHERE FROM A HALF ACRE PARCEL IN THE RURAL VILLAGES TO A 600 ACRE FARM.
AND THE SAME RESTRICTIONS SHOULDN'T APPLY TO BOTH.
SO WE'VE GOT TO HAVE BREAKPOINTS WHERE DIFFERENT THINGS KICK IN.
YEAH. I MEAN, FOR INSTANCE, AND I THINK I DON'T KNOW THAT IT'S GOT THAT DETAILED IN THE PAST.
SO IT'S IT'S GOING TO TAKE SOME TIME, BUT WE'RE GOING TO TRY TO DO IT IN LITTLE BITES.
RIGHT. IT'S IT'S ALWAYS, YOU KNOW, LIKE THE NO BRAINER STUFF.
THE, THE BIGGEST ISSUE IS LIKE UNREGISTERED VEHICLES.
AND IT WAS WHEN YOU'RE TRYING TO FIGURE OUT NUMBERS AND HOW TO REGULATE THIS AND YOU SAY, OKAY, WELL, YOU CAN'T HAVE MORE THAN, YOU KNOW, THREE UNREGISTERED VEHICLES ON YOUR PROPERTY. WELL, IT MIGHT BE OKAY FOR THE PROPERTY THAT SITS 2000FT OFF THE ROAD.
AND THEY'VE JUST GOT THREE FARMERS, GOT THREE OLD FARM TRUCKS.
THEY'RE, YOU KNOW, YOUR HOBBY CARS, WHATEVER.
BUT THEN YOU ALSO HAVE THE ONES THAT JUST HAVE THEM SITTING THERE, NO WHEELS ON THEM.
AND THEY'RE JUST GROWING UP, YOU KNOW, GRASS GROWING AROUND IT, THE TREE BRANCH AND THE TRUCK.
AND IT'S SITTING RIGHT ON THE ROAD OR RIGHT NEXT TO THE PROPERTY NEXT TO THEM.
SO IT'S LIKE, WELL, HOW DO YOU HOW DO YOU COME UP WITH THE NUMBER? WHICH MAKES SENSE HERE BUT DOESN'T MAKE SENSE HERE.
SO DOWN THE ROAD, WE'LL BE DOING SOME OTHER PROPERTY MAINTENANCE TYPE TEXT AMENDMENTS.
SO WE'RE THINKING ABOUT IN YOUR FREE TIME, RIGHT.
WE STILL HAVE TO WORK ON THE BUILDING CODE, HVAC LICENSING STUFF.
I STILL GOT TO GET THAT GOING FOR BRING IT UP AT DINNER FOR THE TRADES BOARD, I DON'T KNOW.
SO YEAH, WE STILL HAVE TO DO ALL OF THAT CODE CHANGE.
AND THEN WE'VE GOT FOREST CONSERVATION TWO WITH THE STATE LEGISLATION.
WE'VE GOT TO DO SOME REVAMPING THERE.
WITH, WITH THE FOREST CONSERVATION.
WE GOT A LITTLE TIME FOR THAT, BUT THAT'S, THAT'S GOT TO BE DONE TOO.
YES. THAT REALLY NEEDS TO BE ADDRESSED.
AND THEN AND I'D LIKE TO I'D LIKE TO DROP THE SPRINKLER CODE OUT COMPLETELY.
AND WE'VE HAD OUR SOFTWARE COMPANY ON SITE TODAY AND TOMORROW.
STATE DOESN'T ENFORCE IT, SO I DON'T KNOW.
CRYSTAL. CRYSTAL, GET HER HAIR ON FIRE IF I PUSH THAT ONE TO US1.
I'VE BEEN WAITING FOR A LONG TO BRING THAT UP AND I DON'T KNOW IF IT'S EVER GOING TO HAPPEN.
I DIDN'T HEAR YOU, I DIDN'T LISTEN.
SO YES, THE ONLY OTHER UPDATES I HAVE IS WE'VE HAD OUR SOFTWARE COMPANY.
SO WE'VE HAD THEM ON SITE ALL DAY TODAY AND TOMORROW AND THAT'S BEEN REALLY GOOD.
THE STAFF WAS VERY APPRECIATIVE AND AND LEARNED SOME NEW THINGS.
WE'RE ABLE TO GET SOME THINGS FIXED.
AND THE COMMISSIONERS DID AMEND THE FEE SCHEDULE TO ADDRESS PLATS AND SITE PLANS FOR RE SUBMITTALS, SO THAT WE NOW HAVE A RESUBMITTAL FEE.
THEY'RE ALL ADOPTED AS PART OF THE BUDGET AND BECOME EFFECTIVE JULY 1ST.
RIGHT NOW WE'RE WE'RE STILL PLAYING CATCH UP WITH PROJECTS FOR SITE PLANS AND PLATS.
I MEAN, AND THE FEW RANDOMS WE'VE GOT AND JUST NOT QUALIFIED.
YEAH, THEY'RE JUST NOT QUALIFIED.
IS THERE ANY WAY TO HIRE SOMEONE AND TRAIN, LIKE, WORK THEM UP THROUGH.
I MEAN, WE'VE THOUGHT ABOUT THAT.
IT DOESN'T HELP US IN THE MOMENT.
NO, BECAUSE WE GOT TO FIND TIME TO TRAIN THEM IN THE MOMENT.
SO. AND THESE AREN'T ENTRY LEVEL POSITIONS.
RIGHT. SO, YOU KNOW, MATT AND I HAVE BEEN TALKING I'VE BEEN HAVING SOME CONVERSATIONS WITH KATHLEEN TO FIGURE OUT, LIKE WHAT? LET'S CIRCLE BACK.
LET'S TRY TO SEE WHAT WE CAN DO ON THE DEVELOPMENT REVIEW COORDINATOR COORDINATOR SIDE.
SO SO WE'RE OKAY WITH THAT? THAT'S NOT GOING TO BE I DON'T THINK THAT'S GOING TO BE PROBLEMATIC IN IT'S GOING TO BE TOUGH.
[17:30:01]
BUT WE CAN DO IT. YEAH I THINK THAT'LL BE EASIER THAN THAT.BUT WE'VE GOT TO FIGURE OUT SOMETHING BECAUSE RIGHT NOW MATT'S GOT 15 PROJECTS.
WE'RE WE'RE STILL WORKING THROUGH APRIL SUBMITTALS WITH RE SUBMITTALS COMING IN.
AND NOW JUNE HAS BEEN SUBMITTED.
FOR THE THEY'RE AN ENGINEERING FIRM THAT COULD DO THAT.
THAT COULD BE. IS THERE AN ENGINEERING FIRM THAT COULD BE OUTSOURCED? THAT'S WHAT WE'RE TALKING ABOUT.
WE THOUGHT ABOUT RIGHT NOW MATT'S DOING STORM WATER FOREST CONSERVATION AND THE SITE PLAN REVIEW.
WE COULD EASILY OUTSOURCE STORM WATER AND FOREST.
SOME OF THE PROJECTS WE HAVE DOESN'T REALLY HAVE ANY SIGNIFICANT LEVEL OF STORM WATER EXCEPT SOLAR.
WE DO HAVE THE ABILITY WITH THE LANDSCAPE ARCHITECT THAT'S BEEN CHANGED SO THAT WE CAN DO THAT FOR THE LANDSCAPING, BUT WITH THE CURRENT CHERRYWOOD PROJECT, YOU KNOW, WE COULD OUTSOURCE THE STORMWATER AND THE FOREST ON THAT ONE.
AND THEN MATT'S ONLY DOING THE SITE PLAN.
THE SITE PLAN REVIEWS A LITTLE HARDER TO OUTSOURCE BECAUSE YOU'RE LOOKING AT COUNTY REGULATIONS.
SO IT'S NOT REALLY A PRIVATE SECTOR ENTITY, RIGHT.
THAT CAN REALLY JUMP IN AND DO THAT WHERE STORM WATER FOREST IS.
THEY ARE READY OR PREPARING THOSE PLANS TO MEET THOSE REQUIREMENTS.
SO THAT WOULD BE A LITTLE EASIER.
FIND ME A PERSON. NOT MUCH, THANK YOU.
CRYSTAL'S BEEN EXTREMELY BUSY.
EVERYONE. SO IT'S WE'VE HAD WE'VE HAD A LOT COME UP, AND YOU KNOW, I THINK.
I THINK IT'S BEEN HANDLED WELL.
I'M NOT. WE'RE TRYING I'M NOT HEARING A LOT OF COMPLAINTS ABOUT STUFF BEING DRAWN OUT OR, YOU KNOW, SO I THINK I THINK STAFF AND THE DEPARTMENT'S WORKING HARD AND KEEPING THINGS MOVING AS BEST THEY CAN.
MR. MCNUTT, DO YOU HAVE ANYTHING? NO. I JUST HAD ONE QUESTION FOR THE PANEL THAT CAME IN THE LAST MEETING.
WERE THEY ABLE TO ACCOMMODATE MATT WITH A LOT OF I'M JUST I JUST ASKED BECAUSE IT SEEMED LIKE THAT WAS A THEY WERE THEY WERE THEY HAD COMMENTS ABOUT THAT NIGHT. OH, SO CHERRYWOOD HAS RESUBMITTED.
BUT HAS THAT SITE TOTALLY CHANGED? LIKE STARTING ALL OVER? WELL, THE PROBLEM WE'VE HAD WITH THAT ONE WHERE THERE'S BEEN THIS LOW SINCE THEY FIRST STARTED THIS IN 2018, WE HAD A LULL PERIOD WHERE THEY WERE NOT DOING ANYTHING WITH US OR SUBMITTING. WE WEREN'T HEARING ANYTHING.
AND, YOU KNOW, WE'VE BEEN THROUGH A COUPLE OF REVIEWS WITH THEM AND.
THEY'VE JUST RESUBMITTED THEM AND THEY'RE EXPECTING TO BE ON PLANNING COMMISSION FOR JULY.
AND MATT HAS SAID, CRYSTAL, THERE'S ABSOLUTELY NO WAY, UNLESS I TAKE ALL THESE PEOPLE THAT I'VE, YOU KNOW, GOT AHEAD OF THEM AND PUSHED THEM ASIDE TO LOOK AT THIS ONE, BECAUSE AGAIN, IT'S THERE'S THERE'S PROBABLY 20 OR 30 SOME COMMENTS THAT STILL HAD TO BE ADDRESSED.
AND PART OF IT WAS THEY HADN'T FINALIZED THE LOCATION OF THE SUBSTATION BECAUSE THEY WERE STILL IN NEGOTIATIONS AND STUFF WITH DELMARVA POWER, AND WE'D ALREADY REVIEWED IT BASED ON THE LOCATION THEY WERE GOING TO DO.
BUT NOW IT'S, YOU KNOW, GOING TO CHANGE.
SO NOW IT HAS TO BE LOOKED AT FOR FOR THE CHANGE.
SO THEY HAVE FINALLY FINALIZED THAT ON THIS LATEST SITE PLAN.
BUT THERE'S STILL A LOT OF STUFF TO DO.
AND THEY'RE TRYING TO DRIVE THE BUS TO FORCE IT TO BE ON THE PLANNING COMMISSION FOR JULY, BECAUSE THEY'RE CLAIMING THERE'S DEADLINE DATES AND STUFF THAT THEY'RE OBLIGATED THROUGH WITH THE CPCN ON TAKING THE POWER GRID DOWN DURING A CERTAIN TIME, AND THAT ALL HAS TO BE PRE-APPROVED AND PLANNED OUT AHEAD, AND THAT THEY HAVE BECAUSE THEY GOT THEIR EXTENSION.
THEY WANT IT EXPEDITED PAY FOR THE ENGINEER.
I'M GOING TO WHEN THAT COMES, I'M GOING TO RECUSE MYSELF BECAUSE I'M WORKING ON PRICING ON THAT.
SO I'M GOING TO TRY TO GET COMMISSIONER BARTZ TO SIT IN FOR ME IN FULL DISCLOSURE.
SO SO THEY'RE THEY'RE REALLY WANTING TO BREAK GROUND IN JULY, AUGUST.
AND WE STILL HAVEN'T GOT THROUGH SITE PLAN.
AND THEY DID GET THEIR EXTENSION FOR THE CPCN.
AND PART OF THAT WAS THEIR OWN DOING.
AND PART OF IT WAS THIS DELMARVA POWER ISSUE WITH THE SUBSTATION THAT THEY WERE TRYING TO WORK OUT.
[17:35:08]
AND THEY'RE SAYING IN ORDER TO MEET THOSE DEADLINES WITH CPCN, WE HAVE TO BREAK GROUND COME JULY OR AUGUST, AND WE ALREADY HAVE OUR DATES AND STUFF LINED UP FOR THE POWER GRID.AND WHEN THEY'RE GOING TO DO ALL OF THAT, AND I'M JUST NOT SURE.
SO WHERE TO GO WITH THAT? I MET WITH THEM YESTERDAY AND I DID GIVE THEM SOME AVENUES, LIKE LET'S START CONVERSATIONS ABOUT THE PERMITTING PROCESS AND CONSTRUCTION PLAN, AND LET'S MEET WITH THE INSPECTION AGENCY, BECAUSE WE'VE NEVER DID A PROJECT THIS LARGE.
BUT MATT'S LIKE, THERE'S NO WAY I'M GOING TO GET EYES ON THAT TILL MID TO END JULY.
SO SO I KNOW THAT THEY'VE REACHED OUT TO KATHLEEN AND STUART TO ASK ABOUT THIRD PARTY REVIEW.
WE'RE WILLING TO WE'RE WILLING TO PAY IT TO, TO GET IT THROUGH.
SO THERE WAS ALSO YES, THERE IS ALSO A WHAT THE HECK WAS IT CALLED? THE. PILOT.
SO THE QUESTION IS, HOW DO WE GET THIS THROUGH AS QUICKLY AS POSSIBLE? BUT WE'RE NOT TELLING EVERYBODY ELSE.
YEAH. YOU CAN'T MAKE ANYBODY ELSE RIGHT.
YEAH, YEAH. I MEAN, WE WOULD PROBABLY NEED TO BE.
READY FOR SOMEONE ELSE TO DO THE SAME.
SO IF THEY DO THIS, OUTSOURCE THE STORM WATER AND ALL OF THAT, AND HE'S LEFT WITH SITE PLAN, CAN HE EVEN DO THAT? FOR JUNE? I DON'T THINK SO.
WHAT CAN THAT DO? SO THIS MAY ALL BE AN ACADEMIC DISCUSSION.
YEAH, I WAS SOURCE FOR THIS PARTICULAR PROJECT JUST FOR THE PROJECT.
YEAH. I MEAN, I HAVE TO SIT DOWN AND TAKE A LOOK AT WHAT.
I MEAN, I ASKED MATT, I SAID ON THE STORM WATER SIDE, WHAT DID YOU GET IN ON THE RESUBMITTAL? HE'S LIKE THE STORM WATER REPORTS, 195 PAGES.
YEAH. I MEAN, THE PLAN SET IS THIS THICK, YOU KNOW, I MEAN, WITH THE PROJECT SPREAD OUT THE WAY THAT IT IS, I MEAN, IT'S IT'S NOT NECESSARILY.
YEAH. I GUESS I'M GOING TO ASK THIS QUESTION.
IS IT NECESSARILY UNREASONABLE? FOR THEM TO BE ABLE TO START THE PROJECT IN A SPECIFIC AREA.
I MEAN, WE WOULD HAVE TO MAKE SOME EXEMPTIONS TO OUR SITE PLAN APPROVAL PROCESS BECAUSE IT'S COMING IN AS ONE, YOU KNOW, AND I DON'T KNOW, THAT IS THE FIRST PART OF THE PROJECT.
YOU MIGHT ALSO BE HUNG UP ON SIX DIFFERENT PARCELS.
YEAH. IT IS IT'S LIKE TEN IS MORE LIKE 20.
YEAH. IT'S IT'S IT'S THE PROJECT THAT NEEDS A DIFFERENT ROAD ENTRY.
IT'LL HAVE MULTIPLE BECAUSE IT'S MULTIPLE PARCELS.
YEAH. THE ONE WHERE THEY CAN'T GET THE EQUIPMENT IN NOW IT'S A DIFFERENT ONE.
NO, NO, THAT'S A DIFFERENT ONE.
DIFFERENT. THAT'S A DIFFERENT ONE.
I MET WITH THEM YESTERDAY AND WE STARTED TALKING ABOUT OTHER THINGS WE CAN START WORKING ON THAT STILL HAVE TO HAPPEN OUTSIDE OF SITE PLAN LIKE BUILDING PERMIT AND WORKING ON THAT. AND THEY MET WITH PUBLIC WORKS TODAY ABOUT THE UNDERGROUND UTILITY CROSSINGS THAT HAVE TO HAPPEN, THE ENTRANCES THAT NEED TO BE PUT IN SO THAT THEY CAN LEAST START WORKING ON THOSE, THOSE THINGS WHILE WE'RE GETTING THROUGH THIS PROCESS.
THAT'S THE EMAIL YOU GOT FROM FROM RYAN ABOUT THIRD PARTY.
CAN WE PAY? HOW DO WE GET THIS THROUGH? THERE'S A COUPLE OF THINGS THAT BOTHER ME ABOUT THAT.
NUMBER ONE IS SOMEONE THAT'S IN THE PRIVATE INDUSTRY PAID FOR BY THE APPLICANT, CORRECT? COUNTY. CORRECT.
THE GREEN LIGHT, ALTHOUGH THERE'S PRECEDENT FOR THAT IN SOLAR BECAUSE OF THE THIRD PARTY HIRED BY THE APPLICANT TO DETERMINE WHAT THE DECOMMISSIONING COST IS GOING TO BE AND THEN WHAT THE SALVAGE VALUE IS GOING TO BE, AND THAT GETS SPOON FED TO THE GOVERNMENT TO SAY, OKAY, YOU HAVE NO CHOICE BUT TO ACCEPT THESE NUMBERS THAT WERE BOUGHT AND PAID FOR BY THE APPLICANT.
THE QUESTION IS, IS THAT SOMETHING YOU REALLY WANT TO TO, TO DO? AND ARE YOU SETTING A PRECEDENT WHERE EVERYONE TO GET THEIR PROPERTY OR TO GET THEIR PROJECT STREAMLINED AND PUT AHEAD OF THE
[17:40:04]
OTHERS COMES IN AND SAYS, I'LL PAY FOR THE CONSULTANT.COUNTY AND I DON'T KNOW WHERE IT IS ONCE YOU OPEN THAT DOOR.
WELL, IT'D HAVE TO BE A CONSULTANT OF OUR CHOOSING.
IT COULDN'T BE SOMEBODY THEY WANTED, YOU KNOW.
PAY IT RIGHT, OR PAY IT INTO ESCROW.
STEWART, YOU MISSED THE FIRST PART OF IT BECAUSE THE THE WHAT THEY'RE, THEY'RE STATING IS THAT, YOU KNOW, WITH THEIR CPCN, THEY'VE BEEN GRANTED THEIR EXTENSION AND THAT EXTENSION, THIS IS IT.
YOU GET THIS EXTENSION AND YOU HAVE TO START CONSTRUCTION BY THIS DATE.
YOU HAVE TO BE UP AND OPERATIONAL BY THIS DATE.
AND THEY'RE SAYING IN ORDER FOR THAT TO HAPPEN, WE HAVE TO BREAK GROUND JULY, AUGUST, WHICH MEANS WE NEED SITE PLAN APPROVAL, WE NEED BUILDING PERMIT AND DON'T GET IT DONE BY THEN.
AND THERE'S NO WAY THAT THE SAME WAY EVERY ONE OF THEM ARE EXACTLY THE SAME.
I DON'T KNOW, IT REMINDS ME OF THE.
SALMON FARM, THAT ONE WHERE THEY NEEDED EVERYTHING IMMEDIATELY.
BIG ONE BACK HERE OR THEY WERE GOING TO LOSE EVERYTHING.
SO WE DID EVERYTHING IMMEDIATELY, AND IT TURNED OUT THEY DIDN'T.
RIGHT. AND OF COURSE WANTED ANYTHING.
RIGHT? NO, NO. SO AS IT REALLY IS A HAIR REALLY ON FIRE, HAVE WE VERIFIED THEY'RE GOING TO BLOW UP IF I CAN DO IT BY A CERTAIN DATE, CAN WE? MY ONLY EXPERIENCE WITH ONE IS THE RIDGEFIELD DOWN IN HURLOCK.
AND THEY WERE LITERALLY CHANGING THE DRAWINGS AS WE WERE BUILDING THEM.
I WAS LIKE, I DON'T HAVE ENOUGH INFORMATION HERE.
YOU DON'T HAVE I DON'T HAVE ENOUGH.
SO WE HAVEN'T EVEN GOT TO THAT PART OF IT HAPPENING YET.
BUT RIGHT AT THIS POINT, THERE'S NO WAY.
MATT, MATT TOLD ME, HE SAID, IF YOU WANT TO TURN MY PHONE OFF, TURN MY EMAIL OFF.
BUT I STILL CAN'T GUARANTEE THERE STILL WON'T BE COMMENTS OUT OF THIS LATEST REVIEW.
BUT I MEAN, THIS DELAY FROM 2018 TILL NOW OF WHY THIS IS NOT DONE IS PARTIALLY THEIR DOING, AND PARTIALLY THEY WERE HUNG UP WITH DELMARVA POWER ON TRYING TO WORK OUT THIS SUBSTATION BECAUSE, YOU KNOW, THEY HADN'T FINALIZED THE EXACT LOCATION.
I'VE COMMENTED TWO LETTERS SINCE 2022.
TWO REVIEWS HAVE COME IN, AND YET I STILL DON'T HAVE THE PLAN TO GET IT.
YOU'RE NOT. I MEAN, WHERE ARE YOU EVEN GOING TO FIND AN ENGINEER TO DO THE REVIEW? RIGHT NOW THEY'RE ALL BUSY.
OH, YEAH. I MEAN, WE JUST HAD A SURVEYOR CLOSE UP SHOP, SO NOW HE'S.
HIS WORK'S BEEN HIS OPEN WORK HAS BEEN GOING TO ANOTHER SURVEYOR.
RIGHT. STORM WATER IS 195 PAGES.
AGAIN, THERE'S NO FOREST CONSERVATION.
RIGHT. THAT'S THAT'S SO TAKE A FIRM LINE.
I JUST HOPE THAT THEY'RE NOT TRYING TO DO THAT TO STEWART WAS TRYING TO SAY STACK, STACK THE DECK AND TO A POINT WHERE THEY'RE TRYING TO GET US TO FORCE FORCE US TO.
LET'S START HAVING THOSE CONVERSATIONS, WORKING OUT THOSE DETAILS.
THEY MET WITH PUBLIC WORKS TODAY ABOUT THE ENTRANCE PERMIT.
BECAUSE THOSE ARE REGULATIONS THAT ARE STATE.
IT'S NOT OUR OUR REGULATIONS FOR SITE PLAN REVIEW THAT THAT WOULDN'T BE PROBLEMATIC.
THEY ARE AWARE THAT WE HAVE FOR STORM WATER THAT MATT'S NOT QUALIFIED TO REVIEW, YOU KNOW, STRUCTURAL STORM WATER YOU KNOW, WE DO THAT THAT GOES OUT BECAUSE MATT CAN'T DO THAT. I MEAN, MATT IS QUALIFIED TO DO FOREST, BUT WE'VE IN THE PAST HAD A CONSULTANT BECAUSE OF TIME CONSTRAINTS THAT WE WOULD USE TO DO THOSE TYPES OF REVIEWS.
SO THOSE ARE EASY. BUT AT THIS POINT, THAT'S ALL I GOT TO OFFER.
THERE'S NO WAY MATT WILL HAVE THIS REVIEWED READY FOR A JULY PLANNING COMMISSION MEETING.
I MEAN, THEY JUST SUBMITTED A WEEK AGO AND NOBODY ELSE IS GOING TO HAVE IT READY EITHER.
I MEAN, IF EVEN IF YOU HIRE SOMEBODY.
NO, NO, BUT THEY WANT TO WANT TO PROCEED AND GET THEIR SCHEDULE UP ENOUGH TO START LOOKING AT IT.
[17:45:02]
I MEAN, THEY PRETTY MUCH WANT TO GO AND GET A CONDITIONAL APPROVAL.ABOUT THE OTHER ONE. IT'S STILL NOT.
THEY STILL HAVEN'T RESPONDED TO.
WE WERE STILL HAVING HEARTBURN OVER THE LANDSCAPE AGREEMENT.
AND I FINALLY SAID, YOU KNOW, THIS IS OUR THIS IS OUR YOU DON'T GET TO CHANGE IT.
THIS IS OUR OUR TEMPLATE FOR OUR LANDSCAPING AGREEMENT.
I SAID, I'M OKAY WITH THAT. WE CAN ADD THAT LANGUAGE, BUT NOTHING ELSE GETS CHANGED BECAUSE THERE WAS NOTHING IN THERE ABOUT THE TIME PERIOD THAT OKAY, AFTER TWO GROWING SEASONS, WHEN DO YOU RELEASE OUR SURETY AND WHAT IS THE PERCENTAGE? SO I WAS LIKE, I'M FINE WITH THAT.
WE CAN PUT THAT IN THE AGREEMENT.
SO BUT WE'LL PROVIDE THE LANGUAGE.
ALL RIGHT. MR. BILL BROWN. ALL RIGHT.
I DON'T SEE ANY PUBLIC HERE, SO I DON'T THINK WE'RE GOING TO HAVE ANY PUBLIC COMMENT.
SO WE'LL ENTERTAIN A MOTION TO ADJOURN.
THE AYES HAVE IT.
* This transcript was compiled from uncorrected Closed Captioning.