Image provided by: University of Oregon Libraries; Eugene, OR
About The Siuslaw news. (Florence, Lane County, Or.) 1960-current | View Entire Issue (Nov. 1, 2017)
SIUSLAW NEWS ❚ WEDNESDAY, NOVEMBER 1, 2017 Dunes City from 1A The commission decided to look into multiple ways to pre- vent the grows, including amending city code to prevent large agricultural grows, regardless of the crop, and cre- ating a moratorium on grow sites pending further research and consideration. Mills was tasked with look- ing into these issues, which she frequently did with the com- mission throughout the follow- ing months. On April 27, Mills explained to the planning commission that Dunes City cannot prohibit grow sites, but it could adopt “reasonable” regulations and/or require Conditional Use Permits. Allen suggested that the commission could address pos- sible code changes. On June 22, the commission notes read, “Staff went on to report that research is ongoing into language regulating mari- juana grow sites and suggested that research continue and dis- cussion follow at a later date (sic).” But actual changes to the code were never approved or discussed by Dunes City Council until the complete ban on future grows. The LUCS were also never discussed, except by marijuana grower Valerie Cain-Mathis in April, when she outlined her opera- tion’s compliance with city laws. The council did not vote on the actual LUCS; however, Mills did approve it. Citizens have stated Mills circumvented the council and planning com- mission by doing this, but city regulations give her full author- ity to do so. Oregon State Law 475B.063 states that when a LUCS is sub- mitted to a city for approval, the city has 21 days to approve the LUCS. Cain-Mathis’ was approved on Feb. 2, long before the city council and planning commission’s joint meeting on what city laws actually mean regarding grows. Mills was forced by state law to make a decision within a 21- day time frame, which would- n’t allow for a year’s long dis- cussion on city codes. “Since each of the three LUCS applications submitted to Dunes City are for indoor grow operations, and after con- sulting with the city’s attorney and another at Lane Council of Governments (who stated the grows must be approved), I felt I had no choice but to approve the LUCS,” Mills said. Regarding the fact that Mills submitted the LUCS without Dunes City Council approval, she referred to her contract, which states she is to “work under the direction of the mayor performing other such duties as may arise.” “Since the city administrator is the only official employee of Dunes City (other staff in the office are part time Cardinal employees who do not have sole decision-making authority of the city), I am tasked with duties of the planning secre- tary,” Mills stated. “The plan- ning secretary is tasked with making the final decision on LUCS.” It was neither the city coun- cil’s nor the planning commis- sion’s job to approve the LUCS. It was Mills’. It’s these kinds of communi- cation issues that the city is having problems with, coun- cilors contend. Mills is the only employee allowed to make decisions, and there are no other full-time staff members to look into complex issues. This also inhibits Dunes City Council’s ability to function. Councilor Duke Wells has frequently blamed himself and the past city councilors for not fully understanding the com- plexities of marijuana law. In 2016, the council was focused on possible tax issues regarding marijuana. It never occurred to them that they had to think about grow facilities. “I was on the city council when this issue came up and we missed it,” Wells said. “Somehow it got put aside. I honest to God don’t remember this ever coming up. ‘Do we want commercial grows in Dune City?’ I don’t remember that question being asked in a meeting. But, at the same time, obviously it was there to be found. We didn’t ask the right questions of staff. I think that’s how we got here.” The city’s limited staff could not fully address the council on these issues, and a council con- fused on the full ramifications of marijuana legalization didn’t know what to ask city employ- ees. In short, all parties are overwhelmed. Recently, Dunes City Council has asked for the pub- lic to become more involved to help the city. Wells talked about how he often speaks to citizens on his own about issues, then brings those concerns to council meet- ings, but finds empty seats in the audience. “Most of the time there’s nobody sitting out there,” Wells said. “When it is big issues like the septic system or pot, we fill it up. Which is fine. Like our mayor said, I wish those folks would come here every meet- ing.” At one time, the city did have more opportunities for public input through multiple commit- tees and commissions, but in April many of these programs were abolished due to lack of public involvement. In one case, the Dunes City Road Commission had not had a quo- rum present for months. “We’d have a lot smoother operation if we had that input all of the time,” Wells said. An attorney for the grow site stated that there is nothing in state law that allows the city to rescind or revoke a LUCS. Any attempt by the city to do so would be unlawful. The lawyer also made the case that his clients had a vest- ed right to continue their grow operations, as the city had approved the LUCS months ago, the growers have invested large amounts of capital into the project and the city made a contract. If the city reneged, the lawyer said, the growers would have every right to ask for that money back from the city. “The city council has a duty to protect the interests of all the citizens of Dunes City, not just those that yell the loudest,” the law firm said. “Exposing the city to substantial liability is hardly looking out for the well- being of the entirety of Dunes City. … It is time for the mayor and the city council to stop pan- dering to a vocal minority bent on bullying my clients out of Dunes City. It is time for every- one involved to grow up and move on.” Dunes City Mayor Bob Forsythe said he was sympa- thetic with the lawyer’s view. KRAB KETTLE 280 Hwy. 101 M 541-997-8996 Mon.-Sun., 10-6 Fresh CRAB “Even if there was an error in the process, but both sides were acting in good faith, it’s not going to matter,” he said. “It’s just like any other contract. Just because one little thing in the contract wasn’t right, it doesn’t mean the whole thing was thrown out. So, if you’re wait- ing on line seven, unless it’s egregious, there’s nothing to do about it.” Councilor Sheldon Meyer asked, “If we go broke, and if we’re spending all of our money on legal fees, then what do we do? We don’t have money, we don’t have taxes.” How the city is funded is a major factor that Forsythe brought up. Dunes City has limited income sources. It receives money from Oregon Department of Transportation, which is restricted for the roads; a hotel tax, which is reg- ulated to marketing and tourism; a tobacco tax; and fees from building permits. One of the city’s biggest income streams is franchise and busi- ness license fees. But the city does not tax its residents. “We’re talking about servic- es that we don’t have and don’t provide,” Councilor Robert Orr said. “I’m not saying that I would want to tax anyone, but how do you provide services without having revenue from a tax in the community? I know where we get some of our 7 A funds, but we don’t have a budget.” A major lawsuit could push the city into bankruptcy. Enforcing codes without an infrastructure can cripple jus- tice. The city cannot afford a more robust, full time staff that would help alleviate many of the compliance and communi- cation issues the marijuana sit- uation brought to light. “The city wants rules and they want regulations and they want us to do these things but we have no teeth,” Councilor Tom Mallen said. “Really, the marijuana issue will continue. If we have some rules that we can enforce, maybe it could be helped. It’s a delicate balance right now. Here we are, trying to deal with things in making decisions. I kind of wonder what type of teeth we do have.” If these basic functions of a city cannot be met, the council wondered, should Dunes City still be an actual city? When asked if some of the city’s problems led to the con- troversy of marijuana grow sites, and if these issues could lead to an answer about the city’s future, Mallen said, “I think it plays into it quite heav- ily because Dunes City is obvi- ously expressing an opinion that they don’t want marijuana here. So, it would seem, just from all this hullabaloo that we’ve been through, that Dunes See DUNES CITY 8A Stocks. Bonds. CDs. IRAs. Mutual funds. Andy Baber, AAMS® Financial Advisor . 1010 Highway 101 Florence, OR 97439 541-997-8755 www.edwardjones.com Member SIPC The Top Choice in Florence Real Estate. What’s happening where you live? Watch our new online 60-second videos produced from the latest MLS data. Get a quick snapshot of real estate activity and price trends in the Florence area. • Automatically updated NEW LISTING Panoramic views of Florence & the Siuslaw Bridge, distant Ocean views & amazing sunsets. Elevator to make this home accessible on every level 3 Bdrm, 3 full, 3 partial Ba 4041 sq ft $439,900 BH7592 ML#17343764 NEW LISTING Florentine Estates Goldenwest with private backyard. Vaulted open living area with built-in bookshelves & custom draperies 2 Bdrm + den, 2 Ba 1512 sq ft $214,900 BH7593 ML#17192860 BACK ON THE MARKET & WON’T LAST LONG! Must see this 1809 sq ft, completely high end remodeled (2016) beauty on corner lot. Double garage plus carport. 2 Bdrm + Solarium & offi ce, 2 Ba $229,900 BH7546 ML#17493827 NEW LISTING Move-in condition. Investor ready with all appliances including stackable washer & dryer 2 Bdrm, 1 ½ Ba 1004 sq ft $135,000 BH7599 ML#17632890 NEW LISTING Just listed .4 acre lot Sutton Lake area, build or put a manufactured. $75,000 BH7594 ML#17689716 FEATURED LISTING Two tax lots, one price! Home in fenced yard. 4 garages, beautiful in town lot, all fl at & useable . Offi ce or studio 3 Bdrm, 1 Ba $249,000 BH7521 ML#17418714 PRICE REDUCTION Septic installed, great setting…. whether you build or choose that perfect manufactured home, you can enjoy the views, fi sh & garden? 1.14 acre $172,800 BH7485 ML#17060619 FEATURED LISTING 50’ RV barn with full hookups, 2 car garage, surround system, Tandem Stone fi replace, marble & granite, hardwood fl oors, cedar closet. Covered patio 3 Bdrm, 2 Ba 1686 sq ft $390,000 BH7563 ML#17320452 NEW LISTING Super Good Cents home in Summerset Estates. Open kitchen/familyroom area slider out to private backyard 3 Bdrm, 3 Ba 1444 sq ft $275,500 BH7581 ML#17384212 • Clear & accurate information • Localized market areas • Information you want to know Visit our website at RealEstateFlorence.com Real and click the 60-second Market Update Video! Mark Florence Branch | 1875 Hwy 101 | Florence, OR | (541) 997-6000 | www.RealEstateFlorence.com © 2016 BHH Affi liates, LLC. An independently operated subsidiary of HomeServices of America, Inc., a Berkshire Hathaway affi liate, and a franchisee of BHH Affi liates, LLC. Berkshire Hathaway HomeServices and the Berkshire Hathaway HomeServices symbol are registered service marks of HomeServices of America, Inc.®
