Possible Open Meeting Act violation.- Belinda Conaway – an open letter

Dear Open Meetings Compliance Board,

I am writing to insure compliance with:
10-501. Public policy. 
It is essential to the
maintenance of a democratic society that, … public business be performed in an open and public manner; and … the deliberations and decisions that the making of public policy involves. …
 
This is NOT about a bike lane but whether a public official can perform public business about a public road in essentially a closed meeting (not the proper venue for such a decision) and purposefully not allowing (a potentially) opposing side to be heard or allow that (possibly) opposing side to hear the rational for the change they enacted. I quote Belinda Conaway (from the Baltimore Brew)

“The city was asked the purpose of the meeting and responded by saying to discuss the lane on Monroe Street. I responded by saying the Monroe Street lane was not for discussion. My community already voiced their concerns and DOT already agreed to remove the lane.”

A responsible government would gladly hear both sides and that is my main concern that this did not happen and will not be allowed to happen unless someone intervenes. 


As a member of the media the following is also of a concern (continuing 10-501)

The ability of the public, its representatives, and the media to attend, report on, and broadcast meetings of public bodies and to witness the phases of the deliberation, policy formation, and decision making of public bodies ensures the accountability of government to the citizens of the State.  

All I know is “My community already voiced their concerns” and that really does not seem to satisfy the statute I just quoted.
Thank you for your consideration and any correction of this oversight. 

Belinda Conaway responds

[B’ Spokes: I have to really question the "I am willing to meet with the bicyclist and the community about this issue." when that meeting was canceled but here is her response.]
*********************************************************************************************************************
From: Conaway, Belinda <Belinda.Conaway@baltimorecity.gov>

Good morning Mr. ******

I do not have an e-mail from you. If there was an error, I apologize. For the past month, someone from the Mayor’s Office has promoted a lie throughout the bicycle community to deliberately mislead you. The bicycle lane on Monroe Street was placed with no input from the community. The community requested that it be removed. The president of the Greater Mondawmin Coordinating Council has asked to be included in meetings to identify appropriate places in the community for a bicycle lane. I am cc’ing him on this e-mail.

In all honesty, we need to look at the people who are perpetuating this lie. No one in the community is opposing a bicycle lane. It seems that the community is being disrespected, the bicyclists are being lied to, and I am being targeted. As the elected official for this community, I supported their request to remove the bicycle lane. I am willing to meet with the bicyclist and the community about this issue. However, someone needs to get the truth out to the bicycle community. It does not help when the bicyclist attack the community. The community is willing to work with the bicyclists. Let’s not make a less than 1 mile bicycle lane a point of contention. Let’s work together to find an appropriate location. Again, if I missed your e-mail I apologize.

Belinda

Councilwoman
Belinda K. Conaway
Continue reading “Belinda Conaway responds”

Maryland Open Meetings Act Violations are Running Rampant in Baltimore City

Intro:
I got an email from one of our readers (love you guys) that added Open Meeting Act Violations to our alert (https://www.baltimorespokes.org/article.php?story=20111023225019955 i.e. Can public transportation decisions be made in a "closed meeting"? ) and there was the unpublicized meeting regarding charging fee’s for Loch Raven reservoir use (https://www.baltimorespokes.org/article.php?story=20111026142929854 ) also in violation of the Open Meetings Act. So it might do us good to review that law and link a resource for complaints as well as more information:
***********************************************************************
10-501. Public policy.

(a) It is essential to the maintenance of a democratic society that, except in special and appropriate circumstances:
. (1) public business be performed in an open and public manner; and
. (2) citizens be allowed to observe:
. (i) the performance of public officials; and
. (ii) the deliberations and decisions that the making of public policy involves.

(b) (1) The ability of the public, its representatives, and the media to attend, report on, and broadcast meetings of public bodies and to witness the phases of the deliberation, policy formation, and decision making of public bodies ensures the accountability of government to the citizens of the State.
. (2) The conduct of public business in open meetings increases the faith of the public in government and enhances the effectiveness of the public in fulfilling its role in a democratic society.

(c) Except in special and appropriate circumstances when meetings of public bodies may be closed under this subtitle, it is the public policy of the State that the public be provided with adequate notice of the time and location of meetings of public bodies, which shall be held in places reasonably accessible to individuals who would like to attend these meetings.

(b) (1) Subject to paragraphs (2) and (3) of this subsection, as soon as practicable after a public body meets, it shall have written minutes of its session prepared.

(c) (1) The minutes shall reflect:
. (i) each item that the public body considered;
. (ii) the action that the public body took on each item; and
. (iii) each vote that was recorded.

Full text here: https://www.oag.state.md.us/Opengov/Openmeetings/AppA.pdf
Continue reading “Maryland Open Meetings Act Violations are Running Rampant in Baltimore City”

Baltimore City is trying to disfranchise cyclists (part two)

Via Loch Raven Trail Users

So…there was an unpublicized Baltimore City Council hearing this morning (10/26) regarding charging fee’s for Loch Raven reservoir use. Council President Jack Young stated the following:
"Jack Young: "Fence the whole reservoir in – no public access". And then went on to state "I guess the mtn bikers don’t care if they’re not here"…would have been nice to have been notified of the hearing, Jack.
Who actually votes for these ignorant people?
No vote was taken due to lack of council members in attendance.
Continue reading “Baltimore City is trying to disfranchise cyclists (part two)”

Screening of Draft MD Police Bike Safety Training Video

From MoBike:
Folks,
Here is the substance of the meeting announcement, which is hard to find in all the nested forwards (and not everyone can read the docx attachment).
Noteworthy statement in the announcement:
"Please note that at this point only minor changes…can be made at this time".
That means we will have to shout very loudly to change a video that I fear will propagate misunderstandings held by many police officers (for example, https://tinyurl.com/ya8rdfw ). And you wonder why they won’t post it on the internet.
Announcement follows.
– Jack
————————————————————
Maryland Department of Transportation Announcement:
Screening of Draft Maryland Law Enforcement Bicycle Traffic Safety Training Video
Date/Location:
Tuesday, November 1, 2011
4:30 to 6:30 PM
Maryland Department of Transportation
Harry Hughes Suite 1-Ground Floor
7201 Corporate Center Drive
Hanover, MD 21076
The Maryland State Police and the Maryland Department of Transportation have developed a draft training video intended for Maryland law enforcement personnel so they can provide improved traffic enforcement and crash investigation services affecting bicyclists. The training video has been funded through a grant from the Maryland Highway Safety Office.
The draft training video is approximately 30 minutes in length. The purpose of this screening is to provide an opportunity for members of the public, under the auspices of the Commuting and Transportation Subcommittee of the Maryland Bicycle and Pedestrian Advisory Committee, to view and comment on the quality of the draft video.
Please note that at this point only minor changes ensuring the accuracy of the information being portrayed can be made at this time given our remaining budget balance for this training video.
Please RSVP if planning to attend at mjackson3@mdot.state.md.us or 410-865-1237.

Bicycle Friendly State Application Issues

Intro
To be clear on the intent of this article, it’s all about transparency and to get those higher up’s thinking in different ways as we will now be watching this issue more closely. Any good advocacy tools will highlight things that are done well along with things that can improve. And in my opinion the State ranking tool is failing to make good points on both good and bad sides and Maryland’s ranking of 11 last year has me concerned that we may not be getting the most from this tool as we should.

And please don’t get me wrong LAB should be thanked for starting this effort and MDOT should be thanked for not only its willingness to participate but those within MDOT that fought to participate in this ranking. But as in all new things there is bound to be a bug or two to work out.

“Bike indifferent,” I like that. “Bike-friendly” would certainly be nice, but I’d be happy enough with just “Don’t kill me, or make me feel like you’re about to kill me.” – MM

The goal should not be to cook the books to make it seem like we are better then what we are, as MM stated bike indifferent is not a bad place to be, and trimming off some of the worst of the bad would be nice.

I’ve been looking and commenting on this report for a few years now and well it’s getting rather exasperating making the same comments/corrections year after year. The basic idea behind Bicycle Friendly States is a good one and we need to start somewhere but at the basic issue, do we round up or do we round down? And are we really happy with Maryland ranking so high compared to other states and does that ranking serve us well?

Certainly if I was MDOT I would want to round up but at the same time if the State is trying to make a case that it understands our issues and to be truly bike friendly by making improvements in problem areas, it has failed. If you are like me, you start out seeing both sides but the time you are done you feel that the State is attempting something dishonest. Not that I think that was the intent to be dishonest, there is simply a lack of agreement on how to call this stuff. Hence me brining it out in the open. A simple yes or no does not (always) answer the question so let’s look into some of the issues.

(Read more)
Continue reading “Bicycle Friendly State Application Issues”

Alert: City cancels meeting with cycling advocates over Monroe Street bike lane

Transportation officials cede to demands of Belinda Conaway and community group, still plan to remove the bike lane.


[B’ Spokes: So begins the piece in the Baltimore Brew by Fern Shen. We have a problem here folks! Why? Because what is being changed is not just one bike lane but procedures for accommodating cyclists so we will NO longer be treated as other modes of transportation.

For some background consider what if all highway projects only the immediate adjacent property owners could comment on the project. Well we would not get many freeways built, that’s for sure, So a responsible government solicits not only those who might be harmed by a project but also those who will benefit from a project and hopefully will arrive at a solution for the greater good. This is paramount for a responsible government.

On the other extreme if the city installs a sidewalk the adjacent property owner is now responsible for shoveling snow and financially responsible for repairs and maintenance, so it makes sense that adjacent property owners should be given preferential say when installing sidewalks.

Or does it? We can picture a quiet residential neighborhood where it might not make a difference if there are sidewalks or not but then on a major road can we really tolerate no sidewalks with fences or landscaping that force pedestrians into the street? Even when we can make the best case for ONLY adjacent property owners it still comes down to who will benefit and who will be harmed need to be heard for a responsible government.

I feel complied to point out that that those who do not bicycle do not understand what can be done by bicycle. Ignoring the fit bike club members (as if that is a life style to scorn :/ ) that do 20-60 miles on a bike, we will focus on “Joe Average” that can do 5-10 miles by bike. If 5 mile Joe Average was centrally located and if we provided comfortable bike routes, a 5 mile Joe Average could bike anywhere in the city, a 10 mile Joe average could live anywhere in the city and bike anywhere in the city, that is if we provided comfortable bicycling routes. A 2003 U.S. Department of Transportation survey of more than 9,600 adults, 73% of respondents would welcome new and/or improved bicycle facilities such as bike lanes and bike paths.

So I seriously have to ask how can anyone who understands bicycling make a case that bicycling accommodations should only be local (district) and not city wide? Sure we should work with the local community but “My community already voiced their concerns” should not be the rule.

The irony of “a community was not allowed to voice their concerns so that community will not allow other communities that would benefit to voice their concerns” is not lost on this author.

Safety concerns??? More irony after this article I posted a few days ago that shows how a similar treatment improved safety.

Legal concerns: The Cyclists’ Bill of Rights where Conaway was one of the City Council members that introduced the bill (even more irony), is she not familiar with the text?


8. Cyclists have the right to be actively engaged as a constituent group in the planning
and implementation of roadway and transit projects.

And that is just the most poignant point, I could pull in a lot more of the text. And there is Maryland law about § 2-602. Public policy that states in part:


The General Assembly finds that it is in the public interest for the State to include enhanced transportation facilities for pedestrians and bicycle riders as an essential component of the State’s transportation system.

So it comes down to this ask:
Write Office of the State’s Attorney for Baltimore City <mail@stattorney.org>

Subj: Possible actus reus by Baltimore City Government

Copy and past this article or use your own words why you feel the City is not following it’s own laws (be sure to mention The Cyclists’ Bill of Rights )
[Don’t forget to sign your name, address and optional telephone number.]

Additionally email the Mayor <mayor@baltimorecity.gov> and if you live in the city email your City Council person https://cityservices.baltimorecity.gov/citycouncil/
Copy and past this article or use your own words why you feel the city’s actions are not right. (No discussions, no compromise offered.)

[Don’t forget to sign your name, address and optional telephone number.]


More highlights from the Baltimore Brew

Troutner said she thought there might be some compromise on the matter once she and other members of the Baltimore cycling community sat down with city officials and with the people who had complained about the lane – Franklin Lance, president of the Greater Mondawmin Coordinating Council (GMCC), and City Councilwoman Belinda Conaway (7th), who was intervening at Lance’s request.

B’ Spokes: We need someone to intervene on our behalf.

“The city was asked the purpose of the meeting and responded by saying to discuss the lane on Monroe Street. I responded by saying the Monroe Street lane was not for discussion. My community already voiced their concerns and DOT already agreed to remove the lane. I then said if the purpose would be to discuss other places in Greater Mondawmin for a bike lane I would attend.”

Troutner said the city’s decision to cancel the meeting was “really unfortunate” and a blow to city cyclists.

“We need to exchange our different points of view, Dr. Lance and I and the cyclists and the community,” she said. “The city really fell down on the job by not making that conversation happen today.


Additional reading: Can Baltimore become a truly bike-friendly city? Can it afford not to?

§ 2-602. Public policy

[B’ Spokes: This is Maryland law which I reference from time to time so I thought I should just make a post about it ]

. The General Assembly finds that it is in the public interest for the State to include enhanced transportation facilities for pedestrians and bicycle riders as an essential component of the State’s transportation system, and declares that it is the policy of the State that:

. (1) Access to and use of transportation facilities by pedestrians and bicycle riders shall be considered and best engineering practices regarding the needs of bicycle riders and pedestrians shall be employed in all phases of transportation planning, including highway design, construction, reconstruction, and repair as well as expansion and improvement of other transportation facilities;

. (2) The modal administrations in the Department shall ensure that the State maintains an integrated transportation system by working cooperatively to remove barriers, including restrictions on bicycle access to mass transit, that impede the free movement of individuals from one mode of transportation to another;

. (3) As to any new transportation project or improvement to an existing transportation facility, the Department shall work to ensure that transportation options for pedestrians and bicycle riders will be enhanced and that pedestrian and bicycle access to transportation facilities will not be negatively impacted by the project or improvement; and

. (4) In developing the annual Consolidated Transportation Program, the Department shall:

. (i) Ensure that there is an appropriate balance between funding for:

. 1. Projects that retrofit existing transportation projects with facilities for pedestrians and bicycle riders; and

. 2. New highway construction projects; and

. (ii) In transit-oriented areas within priority funding areas, as defined in § 5-7B-02 of the State Finance and Procurement Article, place increased emphasis on projects that retrofit existing transportation projects with facilities for pedestrians and bicycle riders and increase accessibility for the greatest number of pedestrians and bicycle riders.

B’more GREEN ride: downtown to Patapsco trails.. 50/50 road/MTB!

Wednesday, October 26, 2011, 8:45 AM

Panera Bread
600 E Pratt St, Baltimore, MD

This is a casual & fun (and zero emissions) ride from downtown Baltimore to Patapsco trails.

Roadies: You’re welcome to show up on skinny tires and head out west with us on the Gwynn Falls paved "trail" before we peel off. If it’s wet, we’ll all stay on the roads for duration of ride

MTBers: If you’re interested in dirt only and you want to save your knobbies, feel free to just meet us at the Park N Ride on rte 166, near UMBC, between 7:45-8am

Then we’ll hit the trails for an hour or so loop and head back, all (mostly) downhill back downtown… Woo hoo!

https://www.meetup.com/Biking-in-Bmore/events/38585892/?a=ea1.2_lnm&rv=ea1.2