Victoria Rossander

Thank you to all for helping me understand the complexities of this problem.

The Board of Supervisors - which is the next higher body - did not know that there was not a quorum present at the Planning and Zoning Commission meeting so they believed and acted as if the ordinance had been sent onto them in good standing. That ordinance has now been enacted into law. You state that since there was never a quorum present to start with, no business should have been conducted at that meeting. That makes sense to me. But I don't see how us voting on the ordinance now can undo the harm that has been created by a vote that should never have happened in the first place. What if the vote to "reaffirm" fails .....how does that effect the fact that the ordinance has already gone to the Board of Supervisors and been passed into law? It seems to me that the best thing to do is ask that the item be removed from the agenda as it is out of order? Or should I wait for it to come up under Old Business and then make of point of order that a RONR does not recognize a reaffirming vote? Later in the agenda - an item is listed to amend this particular ordinance and fix some errors that are contained in it. Won't we fix the "lack of quorum" vote in the first round by voting to approve the amended ordinance now? Again --- thank you for your help. If this is all too complicated --- I understand.

I was recently appointed to our county's Planning and Zoning Commission. At my very first meeting they voted to send a proposed ordinance onto the Board of Supervisors. I asked at that meeting if we had a quorum present as I was not sure how many people were actually on the Commission. There were 3 members present and they assured me that we had a quorum as there were 5 members on the Commission. The proposed ordinance went to the Board of Supervisors where they held 3 public hearings as required and the ordinance was passed. After this happened found out that in fact there are 6 people on the Commission and we needed 4 members for a quorum. I went to the County Attorney to get his opinion on the process and lack of quorum. The Planning and Zoning Commission is now going to have another meeting. Under Old Business they have the following item "Reaffirm vote approving Solar Ordinance as approved by the Planning and Zoning Commission on 10-13-21 and approved by the Montgomery County Board of Supervisors on 2-22-22." I called the Planning and Zoning Chair and asked what this item was about. He told me that we are now going to "go back and make the vote "legal" by having a quorum present at this meeting". I told him that I did not believe that could happen and would call for a point of order and say the item is out of order. I do not believe we can go back and "correct" a vote, especially one that has already been acted upon by another body. If the County Attorney believes the ordinance was passed illegally because of the Planning and Zoning lack of quorum, I believe the Board of Supervisors would have to rescind their vote on the Solar Ordinance and we would have to start over. Am I correct? Thank you for your help.