Maryland Community Newspapers Online
Poolesville's Board of Zoning Appeals violated the Maryland Open Meetings Act by not approving the minutes from a meeting last year in a timely manner, according to a recent ruling by the state Open Meetings Compliance Board.
The two-member board did not approve the minutes of its June 12, 2008, meeting until Oct. 10, a nearly four-month lag, according to an opinion by the compliance board issued Jan. 30. The Board of Zoning Appeals approved minutes from three meetings earlier that year within, at most, 21 days of the meetings, according to the documents.
The open meetings act requires public bodies to produce meeting minutes as soon as practicable, according to the documents, and the compliance board has previously ruled that delays of several months are unreasonable.
In Poolesville's response to the compliance board, Town Attorney Alan Wright acknowledged it took longer than usual for the body to produce the minutes and wrote that the volunteer board members only meet when there is an issue that needs to be addressed by the board. Wright told the Board of Zoning Appeals to approve minutes by mail and discuss any discrepancies over the telephone if no upcoming meetings are scheduled, according to the documents.
The open meetings complaint was filed by Don and Linda Barnes of Poolesville, who filed an administrative appeal against the Board of the Zoning Appeals in Montgomery County Circuit Court in November. The board approved a special exception for the Barnes' next-door neighbors to operate an optometry business out of their home at a March 2008 meeting and again at the June 12 meeting. The Barnes opposed the special exception.
The compliance board also found that Poolesville's Planning Commission provided adequate public notification for a Feb. 13, 2008, meeting where the members made a recommendation in favor of the special exception. A notice of the meeting was posted on a bulletin board at a local grocery store on Feb. 8, according to the documents, and it was also announced on the town's Web site.