When Commissioner Stufflebean convinced fellow commissioners, Nikki Whitty and John Griffith, to agree to terminate 60% of the road department New Year’s Eve public outcry and concerns for public safety were widespread and loudly voiced. Again and again people asked the Board to reconsider but the public were ignored and labeled a vocal minority by Nikki Whitty. Recent editorials have criticized a recall effort headed by former roadmaster Larry Van Elsberg to which he answers here addressed to recall opponent, Jim Bice.
March 21, 2009
Dear Mr. Bice,
Twice in the last month you have criticized the Stufflebean Recall. Your March 20th article also criticizes my performance as County Roadmaster before I retired in 2007. I am disappointed, but not surprised that you never talked to me to get my side of the story.
As Roadmaster I served at the pleasure of the County Commissioners. I always kept the Commissioners, County Counsel and Human Resources informed about everything my department did. If they weren’t happy with my performance the Commissioners could have fired me at any time.
Your article quotes Joe Stralh’s Public Works Management report and by the way it is not PXX, it is PWM. I worked with Joe during the County’s natural gas pipeline project that turned into a legal quagmire. I recommended Joe’s company to the County Commissioners when Kevin’s reorganization of the Road Department was made public. Unfortunately Kevin had already implemented this plan long before Joe was hired.
This is a quote from Joe Stralh in a report submitted on September 15, 2004. “County Road Crews should be very proud of the work they are doing on the Wagon Road.†“It would have been very difficult and expensive to describe the job the County crew is doing in a set of contract documents. Having the County perform this work, instead of bidding it out, appears to have been the best strategy for road restoration that could have been selected. The engineering cost was almost totally eliminated and the quality of the work being done is very high.â€
As Roadmaster I had to balance having sufficient personnel and equipment to maintain county roads. In 2003 budget problems forced me to issue layoff notices to some employees. The layoffs were stopped when the County Budget Committee and Commissioners provided more funds.
Your March 20th article states I mistakenly chose personnel over equipment and material. This is false. We updated equipment as needed, but I wasn’t going to gut personnel and endanger the public. The recent drowning near Arago might have been prevented if the Road Department still had enough employees to barricade roads during high water. We were always able to do this when I was Roadmaster.
The Recall committee has repeatedly said Commissioner Stufflebean’s Road Department cuts endanger the public. Sadly I believe time is proving us right.
Larry R. Van Elsberg
Chief Petitioner – Recall Stufflebean
Will Bice send his condolences to the Caudle family I wonder?
Photos courtesy of Mary Schamehorn, Myrtle Point Herald
This was send in last week, Ltr to Ed, and not published, good, I find tuned it, . This is the 2nd letter on this subject as I move through the events of the appeal of ORC permit approval, and appeal denial thus resulting in paragraph 13, proportionally, reorganization of the road department, Road Master being given the “blank Check” for mining haul routes maintenance and the role of counsel and commissioners in the decision process. Next letter is planned to include, (it I can get there from here?) why $450.000 where did it come from, why now.
Worksession Owens Building – Question re: Exploration Agreement & Lease with ORC, February 24, Nikki Whitty does not want to entertain questions about paragraph 13, because that was a Land Use issue, and a done deal. Kevin, spoke in turn, to give a review about paragraph 13, that ORC and Coos County were within the “Clarity of one sentence†for the target amount of funds for the first payment when the “Haul Permit†is issued. (review last letter on Proportionally)
There is an apple and oranges game which goes on here that can be very confusing. The Commissioner will not/cannot talk about any “Land Use†issue because any issue may have to come before the Board in a discussion/decision process. Most times on an appeal from a Planning Commission decision.
The real issues are the agreements that the commissioners can make with ORC or anyone, to do something on county land. The commissioners can agree to let them explore for minerals, they can lease lands for them to mine, All of this process is not a public process, it is secret. You can not see, know, or be a part of, unless asked, and then cannot disclose any of the negotiation terms in progress.
The “proportionally†for the West Beaver Hill road was a done deal at this February 24 worksession, It became a done deal in a land use appeal on October 4, 2007, long before this meeting. But, the total amount of funds, and when paid, and even the actual overall time period was hanging because the road master needed some clarity of a sentence from counsel,
concerning the agreement between County and ORC.
That denial of appeal in October 4, 07, working under stress of time constraints, and with no public comments to keep from opening the record with new input of information has taken a funny twist. The appeal purpose included many areas covered in the permit approval for ORC that were not addressed properly. Road maintenance was one of those areas.
So, under this cloak of already included in the permit, road maintenance was not a new issue, thus to open the record with “new†information. Counsel suggested, along with planning staff to submit back to the commissioners two proposals, which the commissioners combine into the wording of paragraph. 13. The brilliance of the idea from counsel was to leave all procedures and formulation and supervision under the control of the County Roadmaster, and not have any of that revisited by the Commissioners. Was this new information?
Was this Kevin’s “blank check†so to speak, to figure out the proportional ratios, dollar amounts time schedules and procedures, and within his own spear of operation and influence as County Roadmaster to resolve the source of the County’s proportional share, and how to obtain it, with out that plan to be revisited, by the Commissioners? How could such a bombastic error, for the decision of such a large mining operation including multiple millions of dollars of road maintenance, with future expansion of additional roads included in the hauling plan, be left to one County Commissioner. And, not to be revisited, to the other commissioners. There lies the bones of a Road Department, and the available $450,000.00 for road upgrades and maintenance.
The “Public†will never be privy to the agreements, leases, royalties, arrangements, and proportions, until after they are complete.
Nikki Whitty clearly stated an answer to the question, “are there going to be a future meeting, where we can ask the questions we want� Because at this meeting you could not ask a land use question, and get an answer. Yes she indicated, if we are able to finalize a lease and exploration agreement, after getting some outside counsel and help, those documents have to come up on our agenda, (Board of Commissioner, BOC) for consideration. At that time we can take final comments.
Now as yee all know, on the date those finalized lease and exploration agreements which are on the agenda for a Wednesday Board of Commissioners, BOC meeting, the trumpets will sound, the announcements will be made for “all yee fair lads and ladies†to come to the court for your review of these documents, and be quick now, before one of the Commissioners makes yee motion of approval, and two for one does agree, and it is done.
Cynical I am now. Ever look at an agenda. “Approval of lease and exploration agreement with ORCâ€. Its your job to pay attention, because it was announced. Will you get to look at the document, not before it is approve, you can bet your sweet back side on that. So, on with the show. Transparency in government. Thus, begin the worksession of questions and answers from the public, ORC, and the County Commissioners, in the remodeled Owens building, Coquille Oregon, February 24, 2009.
Give him enough rope & he will hang himself!
Ref:
http://www.koosnews.com/kncurrent/kncurrentwk/page1.pdf
I would like to get a copy, to review this hearing where citizens testified. It could have been filmed by Channel 14, or just record. If I can find out when that was I can get a copy.
In the Koos News this 4/3/08
Kevin said this:
“Larry VanElsberg, as Chief Petitioner for the recall. He resigned as Roadmaster in April 2007, shortly after a hearing where many citizens testified that the road department was not doing their job and was being mismanaged.â€
I would say that the most important public safety area of all was just plain, missed. Someone was asleep on their watch.
http://mgx.com/blogs/2009/03/21/larry-van-elsberg-responds-to-editorials-critical-of-stufflebean-recall/
Kevin said this:
“we have seen over $5 million dollars in road improvements in the last year and
a half alone by making public safety and road improvements a priority.â€
If it were possible to do more that state the date and the three meeting where he says he talked about reorganization and layoffs. On the recording either DVD by channel 14, or county Recording just pick the time he said it, then it can be checked. Thus far by reviewing, not one has found this statement spoken at those public meeting. It has been contemplated from the meeting on Dec. 16, Budget Issues, BOC court room, that after that meeting there was an executive session, there it is believed the subject of reorganization and layoffs was the topic. A private meeting, under the public meeting laws.
Kevin said this:
I solicited a review by the Board of Commissioners. The Board reviewed data and budget projections at three different public meetings before making a decision. There was no violation of any open public meeting laws; in fact we went out of our way to
ensure the discussion took place in the public.â€
I was just wondering who the “We†are. A mouse in the pocket? It is looking as if he, alone, or maybe it is this “Weâ€, has brought to government what none others have been able to do.
Kevin said this:
“We have just begun the work of accountability and integrity in County governmentâ€
Is there possible more going on in our County than anyone of use knows about. Are be going National. Is a direct conduit to the golden source of funding being developed. Are these County goals or Kevin’s goals.
Then Kevin side this:
“We have too much riding on our future to be derailed at this point. We have to
be accountable at the local level in order to have the credibility at the state and national level to secure critical additional funding to accomplish these goals.â€
Now Kevin is controlling the County general fund, yes which is doing so well it has extra money for new computer contractor services, remodel the Owens building. And give out money hand over fist at the BOC meeting to everyone who ask. In fact the road Department, who do not get their funding from the General Fund, also is doing well after the layoffs and has extra funds for the Beaver Hill Road mining project.
Kevin said this:
Because some very tough decisions have been made, Coos County is in a better position than other counties, and it’s my goal to continue to guide the county through this economic storm.â€
It is my understanding, and for the Record, there were about 4700 and some, persons, currently got the ball rolling to push the County back on course.
Kevin said this:
“I pledge to continue to look out for all Coos County residents, unlike these few disgruntled people who are trying to push the county off course with their false
allegations.â€
den
We simply cannot afford NOT to remove this incompetent Commissioner.
He is neither bright enough, nor educated enough, nor open enough to represent himself, let alone Coos County. We cannot as a county, continue disregarding the economic condition of this country, down to our small towns in Coos.
WE have to watch out for one another to get through this, I think we aren’t even close to the bottom.
I’ve never been as concerned for my country and my children as I am today.
I don’t think any of the bastards are telling us the truth.
About anything.
Have a M A WWWWWW VELOUS WEEK END.
Have you guys seen this yet?
Press Release
March 27, 2009
From: Coos County Clerk, Terri Turi
The signature verification process for the Petition for Recall against Commissioner Kevin Stufflebean is now complete and has been certified by the Coos County Election Office.
3,773 valid signatures of active, registered voters in Coos County were required for an election of recall to be held. 5,290 signatures were processed; 4,747 signatures were accepted; 543 signatures were rejected for a variety of reasons, i.e., not registered (including cancelled), not an active registration (inactive), out of county, etc…
Commissioner Stufflebean will have 5 days to issue a Statement of Justification or submit a letter of resignation. Should a Statement of Justification be filed within the 5 days (April 1, 2009), an election will be held on May 5, 2009. Should a resignation of office be filed, it would take effect immediately.
Wow Den. It’s great that you have done your homework. Looks like you have some pretty good facts. Keep up the good work. Jim Biased has commented he has never read, heard, Visualized any factual Information where the County Highway Department has been Involved with any sort of safety to the public. Of course he is one sided. He will probably ignore these facts. And there are many times we have assisted Emts,Sheriffs Dept. in traffic control alone, not to mention using County Equipment to Aid when needed with Experienced people. Magix did a great article,and I sent this to Jim Biased. Of course he won’t respond, but I felt compelled to send him this link. It is about safety for the Citizens of Coos County. We now have a fatality that could have been avoided.
http://www.oregonbeacon.com/CoquilleSentinel/articles/597/1/County-crews-cooperate-in-rescue/Page1.html
Thank you Den, I for one, am impressed with your pieces.
Let’s all not forget the Commissioners’ legal council SAT on the state board, I’m sorry can’t remember the name, the mining board.
I think this woman ‘has some splainin to do’.
She would know exactly what cover Kevin could use and how. I think, instead of poor Wittless, our attention should turn on her!!
SHE is the one giving the legal advice, right? SHE is the one who told em go ahead.
Have any of them commented about Mr. Caudle’s death?
I ageee M, I hold them personally responsible, in ALL their smugness.
No wonder she calls the cops on citizens, perhaps the rude woman was asking the questions she doesn’t want answered.
Too close for comfort. Only people with secrets need to operate behind locked doors.
Goes all the way through the Coquille County Courthouse.
Hey G Man !!!!!
There is a situation. County Counsel has suggested, through interpretation, a possible future County policy. Commissioners have not questioned the reasoning in this interpretation, nor have they discussed the impact involved in future actions in County business, which, now, could require every action to squeeze through the filter of “Proportionallyâ€. This could be bad news for tax payers.
This is a story of “old newsâ€. The story is old, the memory is weak, and why would anyone care. Read on, you may care.
Searching for the “Proportionateâ€, I know it is just around the next corner, no, the next corner, it will be found, we are putting all our resources on it. It is an adjective, corresponding in size or degree or extent. It should be easy to find. I first heard this word, in a Coos County Commissioners meeting. Kevin Stufflebean and Nikky Whitty used the word, It has been thrown around so much it may now be the standard.
As the word proportionate, was used, what followed was, Nollan and Dollan, which has also been said in conjunction with the word “proportionateâ€. The mystery expands.
What is Nollan and Dollan? Thought you would never ask.
Nollan, Supreme Court Of The United States No. 86-133 NOLLAN ET UX v. CALIFORNIA COASTAL COMMISSION. June 26, 1987.
Dolan, United States Supreme Court Case No. 93-518, DOLAN v. CITY OF TIGARD. June 24, 1994.
The word, “Proportionate†appears in paragraph 13 Coos County, County Planning Commission Document, “IN THE MATTER OF THE APPEAL OF OREGON RESOURCES CONDITIONAL USE’, FINAL DECISION AND ORDER 07-10-278PL. This appeal came before the County Commissioners on October 2, 2007, “appeal regarding a conditional use application submitted by Oregon Resources Corporation (HBCU-07-06).
Part of paragraph 13, “The Applicant shall be responsible for the proportionate cost of maintenance, repair, and upgrades of County roads on the designated transport route {specifically, West Beaver Hill Road†……}
ORC was required to provide a Traffic impact analysis {TIA}
ORC commissioned URS Corp. (Job 325696360) for a Pavement Analysis Report on West Beaver Hill Road, completed June 3, 2008. and accepted by the County.
The URS report, was used to applied “proportionally†cost to the County and to ORC through a process call, “in my opinionâ€. This judgment was left to the County Roadmaster, Commissioner Stufflebean. We have these cost, they have those cost. The county then set out to obtain, out of the current road department Budget, their consider “proportionate†cost by creating available funds, and to request or require, through contract/agreement, with ORC to get from them their “proportionate†funds.
There was no second opinion.
Returning to the appeal hearing by the Commissioners. The appeal hearing was completed under time restraints, after one extension, and was under the requirement to be completed in 16 days. The time restraint necessitated no public comment, and no new information which might open the record, which was closed at this time. Thus the time urgency has carried through to a point that action appear to be related to job lay off.’s, and acquiring the available money from the Road Department Budget, hot money to use as soon as possible to be put into West Beaver Hill Road.
This accomplished, the county could immediately prepare the West Beaver Hill Road for ORC to haul mined ore from the current leased and permitted Weyerhaeuser properties.
When Commissioners Whitty, Griffith and Stufflebean considered the appeal, as much as 60 to 75 percent of the time was spend in discussion of the impact to the roads. In that discussion Counsel stated,. “What the board needs to be careful of , under case law, is that, what ever you decide to do, tied to the impact on the road, is proportional†“It would not be fair under the Nollan/Dolan decision to impute everything to ORC when it (road) is being used by something elseâ€.
Thus, on that day there, was reborn, proportionally in Coos County. To be fair, to those doing business with the government.
The concept, proportionally, born originally in Nollan/Dolan as suggested by County counsel, received no comment, no Challenge, no question how that idea in those cases would apply here. Just total acceptance by the commissioners, from there we shall proceed.
No second opinion, just acceptance without question.
After continue discussion, centered around identifying, maintaining the roads at there current level before the project begins, counsel used the word again, when suggesting there was a “fine line†when addressing wear and tear on the road when considering the proportional impact.
In conclusion, paragraph 13, wording was the combining of two proposals prepared by the planning department staff, and/or counsel, as presented at the continued appeal hearing, October, 4, 2007, meeting where the Commissioners combined the wording, for approval. Please note, there were other issues discussed in the appeal, this article has only focused upon proportional and paragraph 13 of the above appeal.
den
Unfortunately people like him fill a niche but cater to fairly small group of people. I do know that many people at the road department feel awful about Mr Caudle. So far I have seen no public statement from the Commissioners regarding his death, certainly nothing from Kevin beyond assuring everyone the reorganization had nothing to do with the department failure.
Personally, I regard the commissioners, Nikki and Kevin, as criminally negligent in this matter.
Mary. It was nice talking to you in the Veggie, bread aisle at Wally World. LOL. It makes me wonder how someone like Jim Bice can even have a talk show that won’t involve input from callers. It’s like he picks and chooses people that will only support his theory, or what the Puppet Master tells him to say. Like you said, Stufflebean must be feeling somewhat desperate to have to turn to Bias. The death of Mr. Caudle is very unfortunate.My prayers go out to his family and loved ones. Public safety should be a number one priority to the Highway Dept. The crew that is left supports that same thought, but the people that support the Reorganization of the Highway crew have a much different look on things. As it is now, the Highway Crew have their hands tied and can’t respond to Emergencies like they used to due to under staffing.
Good call, gmick, the biased show. Personally, I almost wonder if there is a value to responding to him at all as it only gives him credence he does not deserve. Those that listen to him already have a bias and are not likely to care about facts in any event and so will not be swayed by reason.
On the other hand, Stufflebean must be feeling somewhat desperate to have to turn to Bias in the first place for media support. How will he spin the death of Dean Caudle? Hard to say but it will be a testament to his true character to see him try.
Very good and right to the point Larry. During the Jim Bice program both times on the air, he would not take callers to your defense. Instead he took calls that were County Highway bashers. I think his program should be called,THE JIM BIASED Show.
Biased
How can Jim Bice file multiple ‘news’ articles and never even attempt to interview the subject of his articles? He is reporting ‘news’ from only one side of a very serious issue.
Gee, he’s as Fair and Balanced as Fux Noise. Probly cut his teeth there, or lost em.
Thank you Larry for giving the accurate account of the situation. The truth will always come out sooner or later.
I only hope Stufflebutt is losing some sleep, from his previous behavior, I doubt it. He shows so little regard for other humans doesn’t he?
Well I hope this one lands right on his shoulders. And, like the little boy who cried wolf, NO ONE WILL TAKE HIM SERIOUSLY AGAIN.
We cannot afford him any longer.
And let’s git rid of his sidekick Wittless, she is, in my opinion, as guilty as he is, maybe more so because SHE could have stopped this.
And I will let no one, in my presence, say this was just an ‘accident’.
BS, we told them this was going to happen, not if but when. They will try to defer blame, but we have to keep it where it belongs.