The Chestertown Waterfront Task Force has disbanded. All seven volunteers resigned unanimously on Jan. 16 as a result of a Public Information Act request filed by the Kent County News.
In a letter to Mayor Chris Cerino announcing the resignations, Task Force Chair John Moag said he was never made aware that the “Task Force” designation established by the Chestertown Town Council created a “governing body” subject to Public Information Act Requests and Maryland’s Open Meetings Act.
“This fact was not communicated to us,” Moag wrote. “Had we known we were required to have preannounced open meetings, with public attendance, and published meeting minutes, we would in all likelihood have dissolved our effort, due to the impossibility of having candid dialogue and confidential discussions with those who had some knowledge of economic development.”
A recent ordinance that classified the rules of Commissions, Committees, Task Forces and Study Groups passed on May 20 (Resolution 02-2013), four months after the Task Force was formed — and two months after the Task Force held their first meeting. The Task Force received no communication of the new rules, Moag said.
“The guidelines for our public service were spelled out in a letter from former Mayor Margo Bailey and Washington College President Mitchell Reiss,” Moag wrote in his letter to Cerino on Friday.
Moag agreed with the right of the press to file Public Information Act requests to a “governing body” but said complying with KCN’s request will end up costing the town additional expenses in legal fees and also harm the ability of the town to enlist future volunteers for important projects.
“…This kind of public acrimony will have a very chilling impact on the willingness of volunteers to lend their time and experience for the betterment of the Town,” Moag wrote.
Moag said that Town Manager Bill Ingersoll and Town Attorney Stewart Barroll have recommended the Task Force seek its own legal counsel to deal with the request.
The Task Force was comprised of four appointees from the town and four from Washington College to plan a vision of a public-private partnership on the Chester River waterfront, where WC and the town are the two largest property owners.
The Chestertown Council approved the Task Force on Jan. 22, 2013 after heated debate over whether the meetings should be open to the public — and whether the $200,000 gift the college paid the town for the Sgt. John H. Newnam Armory would be under the control of the Task Force, as requested by Washington College President Mitchell Reiss.
The Task Force was approved with the stipulation that council members could observe the meetings.
The council voted more than once during the year to quarantine the $200,000 gift solely for the town’s Rails-Trails project, which drove a bitter wedge between then Mayor Margo Bailey and a majority of the council. The bitterness was so thick that Bailey, Town Manager Bill Ingersoll, and some town employees boycotted Councilman Jim Gatto’s annual Christmas party in protest of a vote at the Dec. 16 meeting that further protected the gift for any uses other than Rail-Trails.
A source close to the Task Force said the gift “became a distraction” and should have never been injected into conversation when the Task Force was created.
The Task Force drew growing public skepticism during the latter half of 2013 when a report due to the council was postponed on four separate occasions. The last postponement came in a letter to the council dated Dec. 2 when Moag said the Task Force needed additional time to meet with Gov. Martin O’Malley’s Subcabinet on Sustainability — in an attempt to find sources of funding for the project.
Moag told the Spy in a profile piece that ran on Jan. 14 that the Task Force “knew this was not going to be done in a couple months.”
He said the Task Force had interviewed roughly 150 people, “who spoke openly because it was private. We learned so much [and] we touched every element of the community.”
Speculation about the work of the Task Force hit an all time high in the week of Dec. 16 when one of the Task Force members, Rebecca Flora, made public statements before Town Council without the approval of the rest of the members. The members had agreed at their first meeting in March not to make public statements until the final report was presented to the council.
Flora’s comments came just two weeks after the town council had voted to fund $8,000 for the Task Force to purchase concept drawings and other visual aids to make their final presentation to the council. The Baltimore architect firm of Ayers Saint Gross had been designated to create the visual concepts.
“Because you did vote to invest in some design work we have moved from being a citizens advisory committee…to a committee that needs to have accountability to the public,” Flora said at the Dec. 16 meeting.
Flora resigned from the Task Force the day after her comments to the council.
Moag said the he and another Task Force member will end up personally paying for the work Ayers Saint Gross has performed to date.
Included in Maog’s letter to Cerino is the near-finished report of the Task Force.
In a brief phone call on Saturday, Cerino said the Task Force was a good idea to bring the town and the college together for the future of the town “but the execution was flawed.” He said future discussions about the waterfront would occur in a “more public” process.
Below is Moag’s letter to Cerino.
Eliott. Fuhrman says
Editor,
Wow, now have to get approval from the local one day a week newspaper. No wonder no normal person wants to get involved with town projects.As a broker have bat that says Chestertown on it if I think about doing something in town some one hits me over head till idea goes away.The marina was nothing more then a bail out for PNC Bank and developer. No one pays 90% of loan for foreclosed property.
No community issues bonds to buy a property that does not include restoration. The college should just do it’s parcel and let townies pay for theirs.
Nancy McGuire says
Editor,
I speak as a resident of Chestertown and NOT as the President of the Downtown Chestertown Association.
I am heartsick how this initiative has been driven to such a negative, non-productive state. We are so very privileged to have such experienced, knowledgeable and talented people living here in Chestertown.
Talent that is both passionate and willing to volunteer hours and hours and hours to a STUDY to say nothing of the time voluntarily donated by those 150 people who tried to help with their viewpoints and suggestions. Simply a study. No decisions were to be made by the Task Force to implement this Study.
Ultimately those decisions are up to the Town Council. It is as though the assumption has been made these people are underhanded and without integrity. What is even more amazing is that there is all this negative publicity about a study that has not had the chance to be seen, reviewed and/or discussed. If the Study had been reviewed and showed questionable content, one could understand frowns and questions. What a terrible situation has been created by the lack of process and communications. How disrespectful.
Most of what this town accomplishes is through the many generous volunteer hours, brain power and diligence. What are we doing to ourselves? What a mess to be handed to our new Mayor. Shame on us!
Nancy McGuire says
Editor,
“Shame on us.” – just more diplomatic than shaking fingers at each other. The who, what, and how will be obvious at some point. It seems more important now to read the report with the goal of creating a good solid plan for our future. We are fortunate to have property owners place their plans on hold long enough to ask, “What might help our Town as a whole.” Fee simple ownership gives one certain rights. Those rights do not include asking what is in the best interest of our neighbors. This is the conversation that has been opened. It is up to “US” to enter the conversation with a spirit of cooperation unencumbered by the blame game. The report is now public. The next step would be to read it. I would suggest we move forward to the positive and the potential.
But then some seem to enjoy the “your were wrong and I was right” stage. The most vocal are the ones who know the least of the facts. They are never quiet long enough to hear. Shame on them. This does not require a reply.
Kevin Shertz says
Editor,
So we should simply ignore the rule of well-established State law regarding the Open Meetings Act when we feel it’s simply in our way of the outcome we desire? (remember, that’s the issue here, not Fee Simple Ownership, Freedom, or “America!”)
Don’t like the laws? Change them.
charlotte hawes says
Editor,
This is the saddest story I have read in a long time. When I walk past all the empty stores in Chestertown I can’t help but wonder if the acrimony described in this article doesn’t effect our ability to be business-healthy again.
Ron Jordan says
Editor,
All the commenters so far, have shaken their heads in shame at the way the “task force” was treated by the KCN. Common sense dictates that if a public body is entrusted with a agenda for the citizens of Chestertown and a private body in this case Washington College gather together for a study on a commercial project, it is obvious that this task force from the start has to be open to the public, therefore transparency is mandatory.
If citizens wanted to get together with other citizens of the county and alumni or employees of the College wanted to meet at J.R.’s that is their right and the public is not privy to their meetings or get togethers. This body was formed as the behest of the then Mayor Bailey, a duly elected official, and Michael Reiss, the President of Washington College.
I can’t see why and how Mr. Moag, as Chairman couldn’t construe this to be a public body. The lack of transparency and task force being upset with the lack of communication lies in their corner as well, when someone is not sure, especially educated and learned citizenry one asks for clarification, not to throw up their hands in disgust because they didn’t know, were not aware, it leaves those that care about Chestertown with the feeling of being duped at a minimum and lied to at it’s worst.
Kevin Shertz says
Editor,
Not to be the turd in the proverbial punchbowl, but how can anyone with any knowledge of what the Open Meetings Act in the State of MD actually says be surprised by the outcome…
1. A group is formed, partially by the local government on behalf of the local citizenry, with the task of delivering a report by mid-June 2013.
2. No report is delivered in the timeline originally proposed.
3. The group meets with a sub-set of community stakeholders regarding the issue at hand (FULL DISCLOSURE: even though I am a Registered Architect in MD, local business owner, and resident of the town for 8+ years, I was not contacted once about the project… not that I’m complaining — AT ALL — given the lack of transparency.)
3. The chair of the group requests that public funds be used to reimburse activities undertaken by the Task Force.
4. The State finds a violation of the Open Meetings Act for the group’s activities.
5. The Town Manager and Attorney advise the group, “You’re on your own. Get a lawyer.”
6. The members of the group resign to disband the group.
How can anyone be surprised by this outcome, given this set of circumstances… Mayor Cerino has been handed a mess to have to deal with that is of no fault of his own. Nancy McGuire’s “shame on us” mantra is 100% incorrect… if any misunderstanding occurred, it should be laid at the feet of the Town and the former Mayor who appointed these people and should have informed them of their legal rights and responsibilities.
Stephan Sonn says
Mr Editor.
It should not have come to this. A spoiler is at work.
Kevin Shertz says
Editor,
Hanlon’s razor: Never attribute to malice that which is adequately explained by stupidity.
https://en.wikipedia.org/wiki/Hanlon's_razor
Gibson Anthony says
Editor,
Here’s the alternate recent history I wish had played out and that I’m still hopeful for:
2012 – The Town would have followed through with the Port Commission. The Port Commission, headed by Tobriner and Cantor, would have, as documented in their report, begun development of State level relationships for marina redevelopment and examine waterfront connectivity to other land, this was their mission.
2012 – The Town would have followed through, and initial work would have begun with Ayers St. Gross to complete the southeast sub-area plan of the town’s Comprehensive Plan. The money ($25,000) had been budgeted and Ayers St. Gross had been hired. They were picked mostly because of their strong background with the college’s planning, and the Town was interested in good synthesis of the two parties. Yes, Ayers St. Gross is the same group Mr. Moag hired.
The mission for hiring a planner in 2012 was to add detailed planning to the Comprehensive Plan which protected sightlines (or possibly made new ones) to the river, and to provide a known playing field for developers, reducing risk and attracting investment.
The planning could have included language such as “public/private investment” in targeted areas, setting the stage for the Town to appoint if necessary an agent to explore negotiations with interested parties. The planning, of course, would have been required to be within the broader goals of the Comp Plan, that was the mission.
2013 – Based on work by the Port Commission, and information from the South-East Area Plan, and after consulting their lawyer, the Town could possibly have appointed an emissary (not a public body) to “explore” potential relationships that fit the planning being done. Mr. Moag would have been the perfect choice. If necessary, confidential real estate updates from Mr. Moag could have been handled under executive session.
The Kent News would not have issued a FOIA request, because there would have been no basis for it, and Mr. Moag’s incredible value to the Town could have been realized.
It’s not too late to move forward, lets turn this issue into a speed bump and make a legacy for all those who have worked hard with their hearts in the right place. It’s A Wonderful Life.
Barbara Snyder says
Editor,
Why didn’t the KCN say something when the Task Force was organized? Why wait until one week before the ideas were made public? Is there a rotten apple somewhere?
Kevin Shertz says
Editor,
It’s appalling how many people want to blame the Kent County News for stating the obvious… time and time again, KCN has identified in our local government instances where they have not held true to the legally-mandated threshold of transparency.
And people wonder why there’s such a jaded view by the general public about government?
Quit shooting the messenger, people, for having the audacity to remind everyone what the “rules” are.
gerry maynes says
Editor,
Why a blue ribbon group who acts in secret behind closed doors. Gee, why would that get any one upset? Then the panel up and quit. What were they hiding? Plans to build a Wal-mart, built like a Submarine to submerge in the river when not in use.
The one thing it does prove is if the town wants to set up a group to bring in new retail to town, do it openly. Place business people on the panel. Baloney like this will only hurt the town.
Chuck Reeser says
Editor,
Its a real shame that its come to this. I’ve lived and worked here for 21 years, and in all that time this is the closest relationship I’ve witnessed between the town and the college. I’ve been to other college towns and its always been weird to me the relationship between this town and the College being respectful at best.
Apparently the open meeting law was broken. Why can’t everyone just take a step back and not make this into a peeing contest. From what I’ve gathered the Waterfront Task Force was brought about to make an outline of ideas to utilize the Waterfront, and then present those ideas to the public for scrutiny or approval. I think its a fantastic idea just like rails to trails it gives locals, tourists, and potential residents reasons to come here and also makes me proud of the town more so than I already am. W
hy get lawyers involved, no ones been hurt here, and the ideas thus far seemed to me like some pretty good intelligent fun ideas. Not everyone is retired in Chestertown, there’s a whole segment of people who rely on a paycheck me included, and I think this Idea would be a great boost to the economy.Please don’t let this turn into the situation like Rock Hall.