Sunday, October 11, 2015

October 6 Town Board Meeting

Last Tuesday evening, October 6, the Oriental Town Board held its regular monthly meeting. Attendance was better than normal, because of the controversy over Yoga classes in Town Hall and controversy over the offer to the Town of a five acre parcel adjacent to Camp Creek. Town Dock covered the meeting here.

I would only add to Town Dock's account that at one point in the proceedings, Town Manager Diane Miller reported the advice received by phone from the Town Attorney, Scott Davis. Davis advised as follows:

1.  The Town government should not accept the parcel as part of the subdivision,but rather require the developers to resubmit the plat to sever the five acres from the rest of the subdivision and to remove the parcel (described as a park/arboretum) from the wording of the development's restrictive covenants. Otherwise the Town could become involved in legal controversies between lot purchasers and the current owner/developer. This seems like prudent legal advice;

2.  If the Town accepts the parcel, it should do so as a separate parcel with no restrictions on it.

If recommendation (2) means what it seems to, it may go beyond legal advice and get into policy advice. It sounds a lot like "don't tie your hands."

I urge the Town, if it accepts the offer of the five acres to be used as a park and/or arboretum, to request the owners to make an offer of dedication to the public for that purpose, to be held in trust by the Town.


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