Zoning Board Meeting - June 10, 2026: Continuance Granted for Long Reach Village Center Case Amid Ethics Complaint and Election Tensions

This meeting of the Howard County Zoning Board was convened to review the Hearing Examiner's report on ZB 1132M – Columbia Concepts LLC's Amended Preliminary Development Plan for Long Reach Village Center. The board also considered a motion for substitution of counsel, a request to continue (postpone) the case, and a disqualification request tied to an ethics complaint. After discussion, the board voted unanimously to continue the case to a date to be determined by the next zoning board, with a final decision deadline of June 30, 2027.

Consent Calendar

• Meeting Minutes Approval (June 3, 2026): The board voted unanimously to approve the minutes from the June 3, 2026 Zoning Board work session covering ZB 1130M and ZB 1134M/ZB 1134 PDP. Chair Yungmann moved, seconded, and all members voted yes.

Discussion Items

• Motion for Substitution of Counsel and Continuance: Chris DeCarlo, newly retained counsel for petitioner Columbia Concepts LLC, presented a motion requesting substitution of counsel, a continuance of the June 10, 2026 deliberation, and disqualification of Zoning Board member Deb Jung (or alternatively a continuance until resolution of a related ethics complaint). The motion cited the late retention of counsel (hired the day before the meeting), the client being out of the country, and the need to avoid the appearance of impropriety during a heated primary election period.
• Ethics Complaint Confidentiality Issue: The Office of Law (Mr. Moore) advised that referencing the ethics complaint in the zoning board proceeding was improper because Howard County Code Section 2-2-203(n) keeps all actions regarding a complaint confidential until a final finding. Mr. Moore recommended the board not discuss the complaint. Mr. DeCarlo argued that the complainant has a free speech right to disclose the complaint, especially against a public official, and that the code does not prohibit the complainant from discussing it. The board ruled to not discuss the specifics of the complaint but allowed the motion to proceed on other grounds.
• Arguments for Continuance: Mr. DeCarlo emphasized that the election context—two zoning board members are candidates in the upcoming primary—creates a politically charged environment that undermines the impartiality of quasi-judicial proceedings. He noted that the existing moratorium on such cases (effective June 23) does not fully address the primary election. He also requested that the 150-day deadline for a decision on the Hearing Examiner's report (issued April 8, 2026) be tolled during the continuance.
• Objection from Board Member Deb Jung: Ms. Jung stated she believed the ethics complaint was a "weaponization" of the ethics system against her as a candidate for county executive, and she called for future rule changes to automatically dismiss publicly leaked complaints.
• Discussion on Timeline: Members discussed the number of days already elapsed (63 days since the Hearing Examiner's report, 76 days by June 23). Ms. Rigby expressed concern about the next board having enough time to schedule and decide the case. The board agreed to set a final decision deadline of June 30, 2027, effectively tolling the 150-day rule for this case.

Key Outcomes

• Continuance Granted: The board voted unanimously (5-0) to continue ZB 1132M to a date to be determined by the next sitting Zoning Board, with a final decision (Decision and Order) to be issued by June 30, 2027. The continuance includes substitution of counsel (Chris DeCarlo replacing prior counsel).
• Tolling of 150-Day Deadline: The board interpreted Zoning Board Rule 2405 F1A to allow tolling of the 150-day period from June 23, 2026, until the new board is seated, with the new deadline of June 30, 2027 substituting for the original deadline.
• Request for Updated Disclosures: The board noted that applicants (as defined by Maryland public ethics law) must provide updated disclosures before the next hearing, given the delay.
• Office of Law Guidance: The board requested that the Office of Law issue written rules regarding board members' discussion of pending matters during the continuance period.
• Future Rule Changes: The board acknowledged the need to clarify the 150-day rule in future zoning board rules to account for continuances and election moratoria.