Hi Mary,

Here is the email traffic I have between 4:30-5:30. I see three ways of reading it:

1. Henry read your 4:58 email as a "no vote" because you said you preferred the first version over the version I proposed. So motion failed on a 2-2 vote, as Henry only considered input he got before 5PM.

2. There were two yes votes, one no, and one abstention--and votes by the officers must be unanimous. Henry declared that the motion failed because it was not unanimous.

3. You abstained. Henry thought you voted no, so he thought the motion failed 2-2. You thought that the motion failed because it was not unanimous.

If you have other ideas as to why the motion failed with 2 votes in favor, let me know!

Thanks

Jim

 

-----Original Message-----

From: Jim Titus [mailto:jtitus@erols.com]

Sent: Friday, March 24, 2006 4:49 PM

To: Wixon, Henry; R. John Shields; Mary Vondrak

Subject: RE: Glenn Dale Sector Plan

My comment is to change:

6) At the time of subdivision plan and plat approvals,

protective covenants or no less binding conservation

easements shall be recorded on the golf course portion of the

development project to retain the open space character of the

property in perpetuity (and in any event, for no less than thirty

years from the date of recordation), while allowing the golf

course owner/operator to improve and/or expand the golf

course and banquet facilities on the property.

to

6) At the time of subdivision plan and plat approvals,

protective covenants and/or no less binding conservation

easements shall be recorded on the golf course portion of the

development project to retain the open space character of the

property in perpetuity. The owners shall discuss with the

Association whether covenants, easements, or both, would

make it most likely that the intent to protect the land in

perpetuity will be achieved. In any event, these easements

and/or covenants will allow the golf course owner/operator to

improve and/or expand the golf course and banquet facilities

on the property. The protective restrictions may also include a

provision to ensure that the protection lasts (a) for no less

than thirty years from the date of recordation or (b) until 21

years after the death of all children in Glenn Dale, or a similar

backup provision

 

But feel free to clarify who the parties are if I don't have that correct.

Jim

 

 

 

 

From: "Wixon, Henry" <Henry.Wixon@wilmerhale.com>

To: <jtitus@erols.com>, "R. John Shields" <abvpar@yahoo.com>,

"Mary Vondrak" <mfvondrak@yahoo.com>

I concur and vote in favor of this change.

Date: Fri, 24 Mar 2006 13:59:54 -0800 (PST)

From: Mary Vondrak <mfvondrak@yahoo.com>

Subject: RE: Glenn Dale Sector Plan

To: jtitus@erols.com, Henry.Wixon@wilmerhale.com

Henry,

I prefer the original you had but I'm not a lawyer

and I' m not sure in two minutes if I can consider all

the ramifications.

Mary

 

 

Subject: Submission for the Record in CR-12-2006

Date: Fri, 24 Mar 2006 17:04:45 -0500

X-MS-Has-Attach: yes

From: "Wixon, Henry" <Henry.Wixon@wilmerhale.com>

To: "SHDean@co.pg.md.us" <'SHDean@co.pg.md.us'>

Cc: "R. John Shields" <abvpar@yahoo.com>, "Jim Titus" <jtitus@erols.com>,

"Mary Vondrak" <mfvondrak@yahoo.com>

Dear Chairman Dernoga:

Attached for the record in CR-12-2006 is a submission from the Glenn Dale Citizens' Association, Inc.

The Association thanks you again for allowing the record to remain open so that the Association can comment on this issue of great importance to the Glenn Dale community.

With best regards.

Henry

President

Glenn Dale Citizens' Association, Inc.

 

 

-----Original Message-----

From: Jim Titus [mailto:jtitus@erols.com]

Sent: Friday, March 24, 2006 5:08 PM

To: Mary Vondrak; Wixon, Henry

Subject: RE: Glenn Dale Sector Plan--explanation of my edits

 

The main difference is that in the revised version:

a. the backup provision is >100 years instead of 30 years

(life plus 21 is the classic formulation)

b. the revised version means we can do easement and

covenant, instead of just one--meaning more protection

c. revised version expresses intent to choose between

easement and coventant or both, based on what gets the most

protection.

Jim

 

 

 

Date: Fri, 24 Mar 2006 17:38:03 -0500

From: "Wixon, Henry" <Henry.Wixon@wilmerhale.com>

To: <jtitus@erols.com>, "Mary Vondrak" <mfvondrak@yahoo.com>

Jim and Mary:

I ran out of time and since there was not consensus on Jim's revisions to 6, I left 6 as it was in my earlier draft.

John voted against the changes, primarily because his DSL lines went down and he couldn't read it.

Thanks.

Henry