Reminder of one last chance

UPDATED AND BUMPED TO THE TOP

On May 19, 2009 @ 6:00 p.m., we have one last opportunity to persuade the commissioners to make the right decision on the Chaney rezoning request in Hughesville. 

I'm working on my "speech".  I'm posting it here in the hopes that others who read it can use it as a catalyst for their own prepared statements to be presented that night.

We all have rules to live and conduct business by.  There are only two reasons to grant any rezoning request.  One, is to prove a change in the character of the neighborhood has occurred.  The other is to prove a mistake in the original zoning.  As of the date of the last comprehensive plan update, the bypass was planned for, everyone was aware of the tobacco buyout, and the Harley Davidson dealership already existed.  These were all quoted as reasons by Chaney Enterprises as a change in the character of the neighborhood.  The bypass has not changed the character of Hughesville, but, served to enhance its rural character by relieving the traffic congestion that had existed for 30 years.  The Jenkins property was farmland in a residential area.  Chaney's amended rezoning request also states that Rt. 231 is a major road.  It is not.  Rt. 231 is considered a secondary road.  Even Rt. 301 and Rt. 5 are not major roads, but, primary roads.  If approved, this rezoning will cause equal to or greater than, pre-bypass traffic backups.  Add to that, the planned light at the intersection of Rt. 231 and Rt. 381.    There was no mistake in the zoning.  The two rules for changing the zoning of this property have not been met.  Also, a majority have opposed any rezoning.

Rules.  When Donna Cave inquired what the timeframe was to appeal a rezoning decision, the county attorney, following the rules, informed her that he could not provide that information.  He stated he could only advise the county commissioners and staff on any given subject.  However, Mr. Fink broke the rules by conducting private negotiations with Chaney's attorney on this rezoning request.  Since when is it the county government's responsibility to be a land broker and ensure a business can make a maximum profit selling their land by allowing them to rezone it?

Rules.  The rules are that no new information can be accepted after the close of the public record.  Chaney's attorney submitted a proffer after the close of the public record, so, the commissioners reopened the public record to accept it.

Rules.  If an applicant no longer seeks a particular rezoning request, he/she must withdraw the request.  Any change in the request requires the applicant to start the process all over again.  Chaney Enterprises, was allowed to amend its request.

Rules.  It seems we all have to follow them, except for Chaney Enterprises.

During this entire process, the rules have been bent or broken for Chaney Enterprises.  If the commissioners approve this rezoning request, they will not be confirming a change in the character of the neighborhood in Hughesville, but, a change in the character of democracy in Charles County. where rules are supposed to govern us and where the majority is supposed to rule not Chaney Enterprises.  If this request is approved, it sends a message that rules no longer govern us.  If this request is approved, it says the majority no longer rules in Charles County.  Do not allow Chaney Enterprises to continue to be the exception to the rules in Charles County.  Deny any rezoning requests on this property.

 
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Comments

  • 5/7/2009 10:59 AM Ken Robinson wrote:
    Very well thought out and written.
    Reply to this
  • 5/8/2009 7:33 AM Cheryl Thomas wrote:
    This is excellent!!

    What I'd like to know is: since when is it "legal" for the Çounty Åttorney to hold "negotiations" with a private citizen regarding that particular citizen's rezoning request and NOT with the opposing party?

    As I've mentioned before, I was told by Levy several years ago that the County Attorney is there to represent County government and NOT private citizens!!

    Not only is Chaney a "private citizen" but he, personally, isn't even a county resident!

    To ignore the basic premise of COUNTY Attorney, to represent the county and NOT a particular private citizen, sure doesn't give me confidence in how business is conducted in the county.

    I can only wonder what other "deals" have been "negotiated" on other issues and with whom?

    Actions such as this render the public hearing process a complete and total JOKE!!
    Reply to this
  • 5/19/2009 1:59 PM Douglas Wilcox wrote:
    Taken from your "speech".:
    During this entire process, the rules have been bent or broken for Chaney Enterprises. If the commissioners approve this rezoning request, they will not be confirming a change in the character of the neighborhood in Hughesville, but, a change in the character of democracy in Charles County.

    You are right on, in everything you said Pauleen.

    I believe the Commissioners and Attorney Fink need to be educated in their responsibilities and limitations. Their performance is graded FAILURE, "F".

    Abuse of proper protocol and lack of ethics is obvious.
    Reply to this
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