We might ask less of our County Council
Our Talbot County Council’s recommendations have included mini wastewater plants, denser development in villages with limited access, and legislation that would have allowed zoning regulations to be waived countywide. With little opportunity to speak, we have been writing to our Council and attending their meetings.
For some of us, that means a 40-minute drive up the Bay Hundred peninsula, but we’ll likely keep coming, especially if we live in the western villages, after hearing the Staff comment, “We must not allow traffic studies to curtail development. We might instead reduce the number of cars by modifying the behaviors and schedules of motorists.”
Our County Council generally has the last word. Not only do they make our laws, they appoint our County Attorney, our Manager, and members of our county boards and commissions. They also make recommendations related to our Comprehensive Plan for future development.
We’ve been advised that these recommendations are justified because only elected officials can make our laws. That opinion was hardly reassuring, though, considering how things have been going and that our Comprehensive Plan is not a law.
The Land Use Article of the Annotated Code of Maryland defines a comprehensive plan as “policies, statements, goals, and interrelated plans for private and public land uses, transportation, and community facilities documented in texts and maps that constitute a guide for future development.”
Who revises and amends comprehensive plans is stated clearly in Section 1-416: ”Each planning commission shall review the comprehensive plan, and, if necessary, revise or amend the comprehensive plan.”
Planning commissions are also charged with engaging the public in their process in order to develop policies that reflect our values and promote our quality of life and sustainability. Talbot County’s Planning Commission has devoted hundreds of hours to this community effort.
Section 1-417 directs our county lawmakers to ”ensure the implementation…through the adoption of applicable zoning laws and local laws… consistent with the comprehensive plan.”
County councils also approve comprehensive plans.
At this point it may be helpful to recall a ruling of our state’s highest court, the Maryland Court of Appeals: “If a provision of a county charter, including a charter amendment, conflicts with any general public law, the charter provision may not be given effect.” Our Charter may or may not be in conflict, but this kind of guidance is always worth keeping in mind.
In his recent Talbot Spy interview, Council President Corey Pack made a point of identifying our Planning Commission as an “advisory body.” Our Talbot County Charter confirms that description, but fails to suggest that the responsibility of revising and amending our Comprehensive Plan no longer rests with our Planning Commission.
Mr. Pack also noted, “The Council could have been a bit better at explaining the process.” That’s it! Mr. Pack may be onto something.
Carol Voyles
Talbot County
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Willard Tod Engelskirchen says
The Talbot County Council seems to think that it does not want to listen to the Planning Commission or the citizens of Talbot County.
Many of us have lived here for a long time. We moved here 17 years ago and consider ourselves newcomers. For those of us who made the choice of moving here please consider this: If I had wanted to live in Glen Burnie I would have moved to Glen Burnie. We moved from the Chicago Area. We selected this area for a reason. It was not so that we would experience the levels of congestion and density we had in Chicago. Already approved development will make the intersection of Rt. 33 and the Bypass untenable very soon. Just who in the county is going to tell me and my neighbors that we need to change our driving habits to allow development. Fire that guy.
Our only hope is to know who the hell we are voting for when the next election comes around. We need people who are for smart slow growth and not going to sell us out after getting into office. We need to make sure positions are clear and vote for people who support what most of us want supported. I am sorry I voted for some of the County Council. I will not make that mistake again.
tod engelskirchen