Agenda - Planning Commission - 04/07/2016

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Zoning Bulletin March 10, 2016 I Volume 10 I Issue 5 the legal rights and duties" of the Board and the Selectmen. (1 M.R.S. § 405(6)(E).) The court further found that the evidence showed that the executive session was held for —and limited to the authorized purpose of consulting with counsel to draft a legally sound ordinance amendment for proposal at a later public meeting. (1 M.R.A. §§ 405(4), (5), (6)(E).) The Town did not "finally approve[ 1" any ordinance or rule in executive session, found the court. Rather, it was not until the majority vote of the residents at the town meeting that the ordinance and moratorium was actually adopted. The court also rejected Hughes' argument that the FOAA did not al- low for a joint executive session of two municipal boards. The court found no such prohibition under FOAA, and instead concluded that: "the bare fact that boards share in the advice of counsel during a combined executive session does not offend the FOAA and demon- strates prudent fiscal management." Zoning News from Around the Nation IDAHO The Idaho House of Representatives recently passed a bill to require community college trustees to live in designated geographic zones. Supporters of the bill "say it would guarantee representation to rural voters who might have different educational and vocational training interests." The bill now goes to the state Senate for consideration. Source: Twin Falls Times -News; http:/hnagicvalley.com MARYLAND Montgomery County Council is considering legislation that would "legalize the use of Airbnb in Montgomery County, but prevent home- owners from converting their properties into full-time rentable spaces." Currently, the county's zoning code, which prohibits any tenancy of less than a month in all residential zones, effectively makes it illegal to use Airbnb to offer parts of houses or entire homes for rent. The proposed zoning text amendment would reportedly "revise the county's standards for a bed and breakfast by eliminating minimum lot -size requirements, limiting the number of people allowed to five unrelated people or one family of any size and requiring the property be the pri- mary residence of the Airbnb user." A proposed companion bill would also set up the licensing process for bed and breakfast establishments, assigning responsibilities for Airbnb licensing to the county's Health and Human Services department. Source: Bethesda Magazine; www.bethesdamagazine.com ©2016 Thomson Reuters 11