[RP TownTalk] Repeal of Jey's Auto Eminent Domain

Tue May 31 16:28:28 UTC 2016

Mayor Archer

I noticed on the Worksession agenda you are contemplating rescinding the prior direction Council gave you in regards to filing for Eminent Domain for the long-vacant and derelict property known as Jey's Auto just north of the EYA development on Route 1.  I have a couple of questions for you on this.

For some background:

1)      September 6, 2011 Resolution 2011-R-24 was signed into law requiring you to enter into negotiations to purchase the property:  http://riverdaleparkmd.info/2011-R-24.pdf

2)      November 7, 2011 Resolution 2011-R-27 was signed into law requiring you to continue to negotiate or seek other remedies to ameliorate conditions of the property: http://riverdaleparkmd.info/Resolution%202011-R-27.pdf

3)      October 1, 2012 Resolution 2012- R-17 was signed into law requiring you to negotiate, acquire, and pay for the property: http://riverdaleparkmd.info/2012-R-17.pdf

4)      April 21, 2013 Ordinance 2013-OR-03 was signed into law requiring the town to acquire the property by eminent domain: http://riverdaleparkmd.info/Ordinance%202013-OR-03.pdf

Section 404(a) Powers and Duties of our town's Charter requires that the Mayor "shall have all the powers necessary to see that the ordinances of the town are faithfully executed."

The following events were documented by a prior post here: http://riverdale-park.org/pipermail/towntalk/2016-March/019360.html

On February 24, 2016 I emailed you asking for a status update on where the eminent domain process was since it has been almost 3 years since you were given direction by the Council on what to do and you had not reported back that you had faithfully executed those instructions or provided rationale or reasoning for delays in any kind of reasonable timeframe.

On February 27, 2016 you responded with an apology for the late response and indicated it was because Jey's Auto was not on your "immediate list" and that the owner could always present a zoning-compliant development submission and if not the town could always pursue eminent domain.

On February 27, 2016 I responded to your email and reminded you that you had Charter obligations under the law and it was not your prerogative to wait on filing eminent domain legislation and to add this item to your Mayor's Report since it was one of the top 3 issues my constituents would ask about .

On February 29,, 2016 under 'new business' and without formal Council action, as required by Maryland law, you sent out a letter informing me that I was in jeopardy of having my seat declared vacant by retroactively determining absences despite not having an official policy regarding this nor an impartial enforcement of this provisions for the identical situations for other Wards over the last 5 years.

Please answer the following questions given the history of this issue:

1)      Was there any quid pro quo regarding the timing of your letter attempting to remove me from office for the second time in 9 months and Jey's Auto or was it just a coincidence that the issue was brought up 2 days after I reminded you of your legal obligations as Mayor?

2)      Do you consider that Ordinance 2013-OR-03 was faithfully executed?

3)      Are there additional costs involved and/or were there contemplated increased expenses by waiting to act vs. acting when the Ordinance was passed?

4)      Do you consider three years a reasonable timeline to contemplate filing eminent domain legislation given that the law only allows for a maximum of four years before the Ordinance times out and cannot be filed per Md. REAL PROPERTY Code Ann. § 12-101.

5)      Was there confusion in regards to the will of the Council and the direction you were supposed to take in regards to this property with the 4 unanimous council votes over 2 years?

6)      Is it your opinion that you as Mayor and Chief Executive can pick and choose what Resolutions and Ordinances to enforce and faithfully execute or do you agree that your oath of office requires you to enact legislation even if you do not personally agree with it?

7)      Did you deprioritize the Jey's Audot economic development activity in favor of the Town Hall rebuild and 58% build-up of the administrative cost of government?

8)      Did you issue an Executive Order under false premises and pretenses so as to interject executive oversight on town spending and allowing you to re-prioritize spending without holding a public hearing to disclose financial matters of the town and pass a required Budget Amendment as required under the law and adhering to best practices for open and transparent government administration?

9)      Do you agree that your oath of office requires you to adhere to legal due process requirements and to execute your duties without partiality or prejudice?

I look forward to reading your responses!
JWE
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