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17 <br />October 12, 2009 Regulaz Meeting <br />Approved: November 9, 2009 <br />Page 13 of 39 <br />and the County was ceding its zoning authority of the blue areas to the Town, instead of <br />expanding its ETJ. <br />Commissioner Gering said there was no gain for the Town because the County was taking it <br />away from other areas. Ms. Hauth said the blue areas were in addition to the ETJ exchange, so <br />the Town was coming out ahead in that regard. <br />Mayor Stevens said a question would be what they wanted from a developer point of view, <br />noting they did not want to create a process that would be confusing as to what the Town wanted <br />to encourage or not encourage. Mr. Benedict said he hoped the standards would be similar on <br />either side, noting the standards may be the same. He said the standards for the orange area may <br />be the same as the blue area. Mr. Benedict said tonight the Board had appointed a representative <br />to an ETJ seat on the Planning Board, recognizing that that perspective, which was a County <br />resident, was important because they were in the path of going from County lands to potentially <br />Hillsborough lands. So, he said, the Board had acknowledged tonight that ETJ lands were <br />important, and the County had added a provision in the agreement that those urbanizing area <br />representations were important. Mr. Benedict said the agreement was still to be voted on by the <br />County and the Town, as well as what the specific language would be on how that representation <br />occurred. He said perhaps a seat on the Planning Board could be recognized as coming from the <br />Urbanizing Area. <br />3:1.0:21 PM Commissioner Hallman said the Planning Board had three ETJ representatives <br />and he was in favor of that, but that was already at 30% of their Planning Board. He said he <br />would not want to add a fourth, but would not be opposed to allowing a representative from that <br />area to sit at the table and participate. <br />Commissioner Gering said on the one hand Mr. Benedict was saying the Town's Planning Board <br />needed more representation by people who were in the path, but on the other hand they were not <br />subject to the Town's rules in the orange area. He said the Planning Board had been very open <br />to members of the community as had the Town Board in considering all their opinions without <br />the privilege of voting, and believed it was worth keeping the voting members to the Town limits <br />or to the ETJ. Commissioner Gering said that non-voting status was no different than simply <br />showing up to a meeting. <br />8:12:46 PIL-i Commissioner Hallman said he was talking about having observation rights and <br />sitting at the table to participate in the discussion, but he was willing to concede that <br />Commissioner Gering was correct. <br />Mr. Hornik said as Commissioner Gering had said there was a difference between an ETJ <br />member on the Planning Board or Board of Adjustment and someone who might live in the <br />orange urbanizing area in that the ETJ resident was subject to the Town's regulations whereas <br />someone in the orange urbanizing area was not. He said that caused him concern because the <br />Board of Adjustment in particular needed to have members voting on quasi judicial decisions <br />that were subject to the same rules, and the same was true of the Planning Board. Mr. Hornik <br />said he was not sure there was anything about that in the State statutes and he had not looked at <br />the case law, but the wisdom or propriety of having someone who was not subject to the very <br />13 <br />