Language approved in recall petition for New Buffalo Mayor John Humphrey, councilmember Brian Flanagan

BY STAN MADDUX

An effort to remove two members of the New Buffalo City Council before their terms expire has crossed the first hurdle.

The language in petitions to recall John Humphrey and Brian Flanagan was unanimously approved Tuesday, May 3, by the Berrien County Election Commission during a clarity hearing at the Berrien County Administrative Building in St. Joseph.

Reasons cited in the petitions for recalling Humphrey and Flanagan are their Nov. 23 votes to adopt an ordinance that prohibits new short-term rentals in R1, R2 and R3 zoning districts in the city.

The unanimous decision by the city council in favor of the ordinance went against the recommendation of the New Buffalo Planning Commission, which felt more information was needed before deciding whether to impose the cap.

Berrien County Chief Deputy Clerk Sheila Reitz said the recall petitions will require 219 valid signatures for a recall election to be held in November.

If enough signatures are obtained, she said Humphrey and Flanagan will face opposition on the ballot.

The recall petition was filed by Michael J. Davis on behalf of The Committee to Protect Individual Property Rights based in New Buffalo.

Davis, a full-time New Buffalo resident and short-term rental owner, said the make-up of the committee is primarily short-term rental owners, short-term rental companies and realtors. He said two candidates have already committed to run against Humphrey and Flanagan. Davis decided not to release the names of the candidates, preferring to let them announce their campaigns when ready. Reasons cited by Humphrey for the cap include STRs after rising in number significantly in recent years are too great in density and contribute to population and school enrollment declines.

Humphrey also said STRs from their income making ability carry higher value, which has driven up the cost in the local housing market beyond the reach of young families wanting to move here.

However, Davis said Humphrey has not provided the results of any study to prove those claims and apparently doesn’t take into account the effects of the housing market booming nationwide on local single family dwelling prices.

“He denies the facts and refuses to give them,” he said.

Davis also alleged the city never gave notice about its intentions to impose a 17-month moratorium on STRs and later impose a cap. In previous years, no permit was needed to operate a short-term rental but was made a requirement during the moratorium. Davis said it seems like only local

The language in residents with STRs knew in advance petitions to recall through word of mouth to get a permit John Humphrey and before the cap was adopted.Brian Flanagan was unanimously approved Tuesday, May 3, by the Berrien County Late in finding out STR owners were placed on a waiting list for a permit and, right now, can no longer welcome guests, he said. Election Commission Permits will be issued only when during a clarity current permits are not renewed, hearing at the officials said.

Berrien County Davis said he was able to obtain

Administrative a permit to continue operating his

Building in St. second home as a short-term rental Joseph. like he’s done for several years.

However, Davis said he was denied a permit to rent his primary residence.

He wanted to make his permanent home available to guests while traveling to help offset the cost of property taxes and other expenses. “This is after five years of operating without a permit. Now, we can’t get one,” he said. Another reason cited in the petition to recall Humphrey is he instructed a police officer during a public meeting on March 21 of last year to remove an individual while she was speaking during her allotted time reserved for public comment.

Humphrey and Flanagan along with Roger Lijewski were elected to their first terms in November 2020.

Their campaigns were built on curtailing the growth of short-term rentals.

No recall petitions were filed against Lijewski, though, who was the top vote getter.

Humphrey said he likes their chances of surviving a recall election because he and Flanagan defeated their opponents by about a two to one margin.

He also said most of the people, except for Davis and a few others behind the recall, do not live in New Buffalo and only residents are eligible to vote.

“Everything I’m doing, in my opinion. Is in the best interests of the people who live here. It is what it is,” he said.

Humphrey said more families able to live in New Buffalo can help move the city toward a year round economy.

Davis said support for Humphrey and Flanagan has cooled from local residents because of what they feel was an unreasonable approach toward addressing STRs.

As a result, Davis said opportunity has narrowed for full-time residents wanting to make extra money from renting their homes and residents making a good living in house cleaning and maintenance at STRs in a local economy built on summer tourism.

“It’s a very different scene now than it was in the original election,” he said.

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