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Council delays changes to Board of Appeals quorum rule until long-running case concludes
Summary
Councilmembers discussed an ordinance to change Board of Appeals language that would alter quorum and participation rules but agreed to wait until a long-running case concludes before making the change.
The Town Council of Chesapeake Beach discussed proposed edits to Board of Appeals language that would change participation and quorum rules but agreed to delay any ordinance change until a long-running case concludes.
Councilmember Kathleen (last name not specified) led the review of a draft ordinance revising Board of Appeals language. Councilmember John explained the council’s concern stemmed from a discovery in the municipal code that certain existing language could disqualify board members who had missed meetings from voting on ongoing cases, an issue flagged by the board’s attorney, Fred Sussman.
Nut graf: Councilmembers said the provision needs revision but agreed it would be disruptive to alter the rule while a case that has been under consideration for more than a year is still open. The council therefore directed staff to bring a revised ordinance after the case is concluded.
John described the town’s discussions with the Board of Appeals chair, identified in the meeting as Jody Hoone Star, who told council staff that when three members were not available the board had opted to postpone meetings rather than proceed with an incomplete panel. John said he and the chair agreed that postponement was a reasonable stopgap while the council prepares a formal code change.
Councilmember Laurie and others raised concerns that the ordinance’s current language — which municipal counsel discovered during a code review — created an unreasonable expectation that board members must attend every hearing or be excluded from votes on long-running matters. Laurie noted the case under discussion has lasted more than a year and that two members who missed hearings did so for work or medical reasons.
The council agreed not to take emergency action that would change rules “midstream.” Instead, councilmembers instructed staff to prepare draft revisions after the ongoing case ends and to restore the item to the agenda for a deliberated ordinance in a future meeting. No vote was taken at the work session.
Ending: Staff will return a revised ordinance drafting schedule after the Board of Appeals case is concluded.
