There was brief discussion regarding "within 100 miles of the track of a storm" on the
Restriction 1 slide, and what that actually means. Commissioner Constantine shared his
concerns regarding land use and land development regulations in SB 180. Discussion
ensued on whether or not the Commissioners would be interested in joining a class action
lawsuit regarding SB 180.
Motion by Commissioner Constantine, seconded by Commissioner Lockhart, to ask the
County Manager, in working with the County Attorney's Office, to come up with a letter of
serious concern and request for rescinding of the bill.
Under discussion, Commissioner Lockhart advised she seconded the motion for discussion.
She agrees that communicating concerns is very important and that they have an obligation to
point out the unintended consequences of bills that impact the citizens. She doesn't know
that calling for the entire rescission of a bill is a step she is willing to go to at this point
because she doesn't fully understand the entire bill and everything that's in it. She's on-board
with communicating and putting something in writing that expresses the Board's concern; but
she doesn't know that she wants to "burn the barn down." Chairman Zembower replied he
doesn't disagree. He thinks the letter should be written as pointed towards home rule and
local jurisdiction having the powers that they typically have to do what's best by their own
citizens. He doesn't think it does any good to point out anything in the bill because, quite
frankly, none of it has been interpreted. It's all been put out there, a judge hasn't interpreted
any of it yet, and it's not been challenged that he's aware of. He thinks just expressing their
concerns regarding home rule sends a message. Commissioner Constantine stated he
would accept a friendly amendment to that effect.
Vice Chairman Herr stated she doesn't want to grandstand; she wants to work with their
legislators to modify to get to the intent of the bill, which some Commissioners feel was
ill-intended. She reminded that it hasn't really gone through the process of codification yet,
and they're already up in arms about it; which based on the interpretations of it is very fair.
But they don't have a full understanding of it. The time frame is exceptionally concerning to
her. She believes they need to work in collaboration with their own and other legislators to
move the needle on this in a positive direction so it addresses the good intent that was there.
The Vice Chairman added that she doesn't love the notion that they say it is or isn't a
developer-friendly bill. Property rights matter, and developers don't get to develop if a
property owner isn't willing to sell; and the property owner has some rights that go along with
owning property in this county. They can't move away from that either. Commissioner Dallari
stated they should take the high road, but they want the Cities to work with the County; and
they can get a lot more done by doing it that way than just joining individuals that are saying to
throw the whole thing out. They need to figure out what those definitions mean. Their
attorneys still have questions, so they need to get the answers.
Commissioner Lockhart advised she thinks it's possible to send a letter that is collaborative
and still expresses the Board's concerns. She pointed out that Commissioner Constantine
has the benefit of having been in the Legislature and experienced what it's like to be on the
receiving end of some of these very pointed letters and issues. Vice Chairman Herr stated
the notion of a letter just stating what the problems are without a solution is not what she
thinks they're asking for. The letter has to have meaningful feedback that isn't just that they
don't like it and it's an assault.
Districts 1, 2, 3, 4, and 5 voted AYE.
