On Wednesday, April Fools Day, Commissioner Kevin Stufflebean must either resign his position or file a letter of justification with Coos County Clerk Terri Turi triggering a special election to be held May 5. Stufflebean has publicly stated he will not resign and The Sentinel has requested an official statement.
According to the recall committee Citizens for Fair and Open Government, headed by former Roadmaster Larry Van Elsberg, a recall had been under consideration for some time but it was the 11th hour layoff of 22 road workers from the County Road Department on New Year’s Eve that pushed the committee to action. Earlier, after an executive session, then Commissioner John Griffith along with Nikki Whitty and Stufflebean voted to ‘reorganize’ the department despite adequate funding through the current budget year and with no warning to the employees or the Teamsters Union.
For weeks, citizens stood before the Board during regular commission meetings and citing public safety concerns pleaded with the Board to reconsider. So many people came each week that Whitty was prompted to use a timer, limiting public participation to three minutes further infuriating the public. Newly elected Commissioner Bob Main twice made a motion to reinstate the road crew through June when their contracts were up to allow for public input and both times Whitty and Stufflebean let the motion die.
The two incumbent commissioners claim there was ample time for public input and cited December 3, 16 and 31 as dates the matter was discussed. Citizens present during these meetings remember nothing to indicate 60% of the road department was about to be laid off and the Board was accused of speaking in code to deliberately obscure their actions from the public. This perceived opacity on the part of the Board is the main premise of the recall effort.
An unexpected consequence of the layoff and the manner in which the Board handled it prompted Teamsters Union 223 representing the road crew to file an Unfair Labor Practices Complaint with the Oregon Employment Relations Board. That complaint has been accepted by the Administrative Law Judge and will be heard at the end of June. Should the ULP prevail it could cost the County in excess of $650,000 in back wages and benefits with no services rendered. The County has paid over $15,000 in legal fees to outside labor attorneys.
Amidst public outcry questioning whether 14 people can handle 600 miles of county roads Stufflebean, who acted as interim roadmaster after Van Elsberg resigned April of 2007, claimed an analysis had been done and the new department would be more efficient and would easily handle critical road safety functions. After repeated attempts by The Sentinel to obtain copies of the analysis it was acknowledged that no written analysis existed adding fuel to committee assertions the road department reorganization was ill conceived and put the public at risk.
The recent drowning death of 88 year-old Dean Caudle after trying to drive through 4’ of water on Arago Fishtrap Road had new Roadmaster John Rowe scrambling to explain why barriers closing off the road were not put up until after Caudle drowned. Former road worker Dennis Backman said this was, “…the type of thing we were afraid would happen.â€
The Blonde Bombshell strikes again?
Thank you again den for your research. Owing to time I have only read Nollan and not yet delved into Dolan but in the former it feels as if a precedent is being applied rather broadly as it pertains to upgrading W Beaver Hill Road to industrial grade for a single user.
Both cases are available on this blog just do a search and you will find the links to them.
A little update, with more to follow in the future, on the “Phony Baloney†of “Proportionallyâ€. Jaye Bell, this morning during the public comment session of the Board of Commissioners, BOC, meeting, stated that in reading Dolon, and Nollon, she found that Nollon is spelled with two “L,sâ€. She further stated that no where could she determine that any proportionally applied in these cases, transferred any proportionally to the road maintenance for Beaver Hill Road.
She made these statements by addressing the Commissioners. Both Kevin and Nikki relied on Counsel for comment. Bob is still weighing in on this because he was not commissioner when this decision was made by Nikki, John, and Kevin, at the recommendation of County Counsel.
At this time I do not have the copy of the DVD, and channel 14 will not have this on tv until Friday 4/3/09. County Counsel stepped in to explain, among other comments the main and most important one was, “The other Counties are doing itâ€. Counsel’s words. The it, using proportionally so “projects that are agreed with business that use county infrastructure would only have to pay a proportional cost for the use and maintenanceâ€, My words.
On March 11, I submitted a public document/information request to Counsel for the exact cases Dolan and Nollan that were used by the County to determine proportionally and specify where cited or referenced the proportionally as applied to paragraph 13.
Today I receive back my response. I received Dolan and Nollan by e-mail on 3/11/09, and today a letter “These are the cases (Dolan and Nollan) that deal with rough proportionality of conditions in land use casesâ€.
Currently there are two documented phrases to justify the requirement to assign proportionally to the cost of road maintenance where the county plays some, and the heavy user pays some. And they are:
“The other Counties are doing itâ€.
“Cases that deal with rough proportionalityâ€.
So, there you have it. Clearly, specific justified, documentation of how proportionality was determined to be applied in this case through paragraph 13 to the county to have a share, and the user to have a share in cost to maintain our road.
Nite Nite Blog Mites.
SCDC berry berry interesting!
CEDCO ding ding ding goes the creative little accountant worried about pushing up his EDITDA to please the San Andreas department at his local lender.
Shhh Shhh Shhh says the Norway Rat while gnawing at the tightly wired web!
The tangled web we weave while tip toeing through the budding springtime Azalia gardens.
All the kings pit bosses & all the kings dealers, liked em big, liked em chunkey, liked em round, liked em plumpy…Plumpy Plumpy…Debt Service, Defaulty… Ratios…
Do you know what I knowooooo…
He He………
I really enjoy the sniping.
Coming AND going !
I do agree M, that durn Editorial staff at the World is useless. We have to be able to do the job the press no longer does.
Sad isn’t it?
Thank you den, and Cajun for the research you do and sharing experiences that allow us to look at other possibilities, i.e. Weyerhauser or ‘flipping’ the chromite mine.
Blogs are a phenomenal resource when people really get engaged and start looking for answers and seeking solutions rather than just sniping at perceived bad decisions. Together, citizens can be efficient and knowledgeable watch dogs and hold our elected officials accountable.
Researchers like den are invaluable and we need more of them.
Thanks for everyones support, you to “Toothless Cajun” I’ll bring the flashlights.
Well, I was beginning to feel like no one loved me. But I am feeling better now. I know how it is to be the new kid on the block without credentials.
I can tell you one think for sure, you are getting the news here first, just after my prof reader corrects what my spell checker can’t figure out. And this is even before these letters break the press.
I certainly have appreciated Magix letting me post and participate in her blog.
This is also a good time to appreciate the Sentinel for publishing my Ltr to Ed. And, with some difficulty they do so with integrity of the content. I know other persons write letters to the Editors and often mind are too long, so I wait my turn if I am to have one.
The Sentinel is a real value to the community and keep very current with current events.
Den,
I was feeling a bit cantankerous, none of your doing. I was only yanking your chain to see where it lead. You have been a good sport. No hard feelings I hope. I do appreciate your contributions. It is always easy to sit back & be a critic. You hit the nail on the head with time & motivation. Trust me, if I find a way in you can follow right beside me. Accountability is a Biotch.
Good job. Thanks for bringing things to light.
Let me “butt” in, sorry Cajun, couldn’t resist it. Anyway Den, I for one, am very grateful for your research, truly .
It takes me several readings, as there is so much new information, and I have to “digest” it as well.
Thank you again Den.
Always fun to hear how were perceive by others. Guess. I am OK with that. I like to do research. I like to write about it. Basically I am writing about what I am learning. None of this stuff I write about buys my lunch, so I have to watch my time and motivation. What do I care what the Commissioners do or how the County spends their/my money. I pay a lot of property tax each year, so I check in to see how much value I am getting for my money. How am I doing?
Den,
Forgive me, for I am slow & methodical when it comes to digesting the wealth of information you provided. I thought you would kindly cut to the chase & spell out the moral to the story. Where does your issue with the information provided lie? I could guess by reading into your commentary or I could not risk getting the wrong impression & just ask.
Toothless, I am speechless, can you believe. I will have to think? About, motive of my post? And, what is my point? When you find a way into Weyerhauser’s business, I will follow you in. OOps, I spoke.
Toothless, you are right: “Next you would have to assume the road master was intelligent enough to conjure up such a plan. ”
If only.
I think Kevin was smart enough to cut deals, but not smart enough toknow how tocut a good one.
I have a brother like that, we fondly call him The Village Idiot.
It’s good to be back.
Am reading this fantastic book right now “Lords of Finance: The Bankers Who Broke the World”. What is so fascinating about it is how obscure,non descript, ill-equipped individuals found themselves in positions of power and brought about the economic collapse of 1929. I have not been able to put it down.
Anyway, we keep looking for some rational or logical reason for the actions taken by the Board and, in particular Kevin, and it may just be that there really and truly is none.
It has been suggested that the layoffs were done in spite because an employee previously fired had to be rehired after the union stepped in. That the budget was just a smoke screen. There is nothing I have seen to either affirm or refute this but after reading this book I can see where egos can destroy whole nations so why not a county?
It does not add up. What is the motive? To start, a budget shortfall did not exist. The numbers for a years worth of road crew benefits & salary do not match the number proposed for road upgrades & maintenance. Nor are they even close. 1.2 million verses 450K. Next you would have to assume the road master was intelligent enough to conjure up such a plan. I strenuously dispute this to be the scenario. This leads me to believe the ignorance of the road master was being exploited by others. Weyerhaeuser being the main benefactor. I suspect, the road master being in over his head, provided the opportunity for Weyerhaeuser to shirk off their expense upon the county, thus avoiding fulfilling proportionality. ORC nosing around for county permits may only be the conduit to have taxpayers pay for expenses associated with the mining operations Weyerhaeser is engaged in. If this is the case, it certainly negates the impact of taxes being paid by Weyerhaeser. Is this actually one of many one hand washes the other deals exposed due to the bad timing of layoffs? It certainly does not lead to a motive, justifying the involuntary exodus of county employees. Nor does this shed light on the motive of your post. How many acres does Weyerhauser intend to mine? To me the real story lies within Weyerhauser. What is your point? Clarify this if you will.
The “proportionally†payments for the West Beaver Hill road was a done concept at the February 24, 2009 meeting, “Worksession- Question re: Exploration Agreement & Lease with ORC. It became a completed concept 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 in the current agreement, from counsel, to proceed. Dan Smith form ORC, actually ask the first official question that morning wondering if they, ORC had met the requirements of paragraph 13. Nikki directed him to speak to counsel after the meeting. He did not know that was not public information.
The October 4, 2007, appeal, was denied, at the completion of a two day hearing session before the Commissioners, who, were working under stress of time constraints, and with no public comments, to keep from opening the record with new input of information, has now taken a funny twist. The appeals purpose, included many areas covered in the permit approval from the Planning Commission for ORC identified as conditions, however, some areas of concern were not addressed properly. Road maintenance was one of those areas.
So, under this cloak of already included in the permit, just not addressed fully, road maintenance was not a new issue, thus not required 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. Completed at the second and final meeting on October 4.
I contend two new issues qualified as “new inputâ€, which should have opened the record, and required public comment. First the concept of ‘proportionally†and second, the brilliance of the idea from counsel to leave all procedures and formulation and supervision of conditions of paragraph 13, under the control of the County Roadmaster, and not have any of that revisited by the Commissioners.
If for some reason these two procedural concepts could not be tied to the appeal process, they certainly were tied to County Policy and future organizational structure of the County Road Department, and were left to float, in a vacuum.
This was the Road Masters’, Kevin’s Stufflebean, County Commissioner,“blank check†so to speak, to interpret paragraph 13, to figure out the proportional ratios, dollar amounts, time schedules and procedures, and within his own spear of operation and influence as County Roadmaster and Commissioner, to resolve the source of the County’s proportional share, and how to obtain it, without the plan to be revisited, by the Commissioners. He acted on his own?
How could such a bombastic error, for the decision of such a large mining operation including multiple, millions of dollars of road maintenance and upgrades, with future possible expansion of additional roads required for ORC’s 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 beginnings of the available $450,000.00 for road upgrades and maintenance.
I am posting this as a background for information for the next post.
There is a situation. County Council 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 Council 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 council, 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, council 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 council, 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.
Ref: Audio CD, of Appeal hearing, Nollan and Dolan cases, Commissioners Wednesday meeting.
Hey Cajun, how you been? There must be something prophetic about April Fools Day and the election being held on Cinco De Mayo… If I was one of those numbers people we could probably predict the outcome.
Love the photo by the way
April Fools Day, reaffirms the fact things happen for reasons & not just by coincidence.
Shame on you once, shame on me twice, three times a fool.
Fools names are just like their faces, they always appear in public places.
Time to give Kevin another turn of the handle…
http://www.flickr.com/photos/dustypixel/2720797818/