The INDEPENDENT, November 18, 2004
Page 13
Council hears citizen concerns about one business, one property
Banks City Council had a
standing-room-only crowd for
their November 7 meeting.
During the public comment
portion, Fred and Bobbi Bene-
fiel made a presentation about
problems which, they say, resi
dents experience with Banks
Lumber Company (BLC). Ac
cording to the Benefiels, they
have been trying to resolve the
problems and were told at the
county level that they first
needed to appear before the
city council. Problems cited by
the Benefiels include violation
of city ordinances regarding
noise, parking, loading on Sun
set Drive and failure to control
dust. They said they have
called the mill several times
and that mill personnel have
been verbally abusive and
have threatened to accuse
them of harassment. Benefiel
also told council that they will
be making a formal complaint
to the Department of Environ
mental Quality concerning par
ticulate matter air pollution and
the maintenance of log decks.
Council accepted printed
material and photographs that
Benefiel distributed. Mayor Bob
Orlowski said that there are at
least two issues which could be
addressed by having an officer
cite the company for violations,
however, the city does not have
any officers. Adding an interest
ing footnote, Orlowski said that
his introduction to city politics
was working with DEQ con
cerning water pollution in
Banks Creek by BLC.
Council, and the audience in
general, related experiences
with blocked traffic, noise, etc.
There will be further discussion
at the next council meeting.
Later in the meeting, Coun
cilor Kirk Andrews said that re
curring problems with Banks
Lumber Company won’t go
away until there is another ac
cess road, and that discussion
should begin about how and
where to locate or develop a
secondary access road. Or
lowski said the county will not
allow access on Banks Road
and that there are weight re
strictions on Commerce. At An
drews’ insistence, council
agreed to begin discussion in
January.
Street. The property owner was
not present. Teresa Stone, a
neighbor, told council that ac
cumulating garbage was a re
curring problem. She told coun
cil that a three-year-old resi
dent of the property plays near
the garbage, which is full of rats
and other vermin, and that the
pile smells terrible. Orlowski
noted that this was at least the
third time council had held a
nuisance determination hearing
regarding this property.
Council was unanimous in
declaring that a nuisance exist
ed and allowing ten days be
fore the city cleaned up at the
owners expense.
City attorney Jim Lucas said
that the law has an exception
“to summarily abate the nui
sance which unmistakably ex
ists and which eminently en
dangers human life or proper
ty”. After discussion, Council
decided to wait the ten days to
ensure that actions taken by
the city were not challengeable.
When asked if the city could im
pose a fine, Orlowski said that
a fine of $500 could be im
posed if there was an officer to
issue the citation.
Kirk Andrews asked that the
property be discussed at next
month’s meeting because of
the recurring nature of the
problem. Lucas will send a let
ter to the owner relating the
council decision and citing tes
timony given at the hearing.
Council unanimously ap
proved city planner K.J. Won’s
request that ECONorthwest be
hired to complete a survey of
economic opportunities as part
of the periodic review long-term
planning process. In his letter
to council, Won said that the
study would “have a very signif
icant effect in supporting the
city’s ability to achieve a jobs-
housing balance, maintain a
self-sufficient small town identi
ty, and manage long term
growth.” The study will analyze
economic opportunities, update
economic development strate
gies and make recommenda
tion for needed commercial and
industrial lands. The project will
be funded by a grant from the
state Department of Land Con
servation and Development.
Nuisance Hearing
Brian Biehl, chairman of the
Banks Planning Commission,
wrote to council in October say
ing that several new business
signs, including the one at City
Public comment was accept
ed during a hearing to deter
mine whether a nuisance exist
ed at 263 and 265 Wilkes
Sign Ordinance
Hall, had been remodeled with
out a permit and approval by
the planning commission, as
required. The controversy sur
rounds the definition of the
word “remodeled” in the sign
ordinance. According to Biehl’s
letter, planning commission
guidelines for interpreting “re
modeled” include changing the
size, logo, lighting, color, mate
rial, lettering or name.
Orlowski said that revision of
the ordinance could not be ac
complished in a single meeting
and that the city should enforce
the existing ordinance. Council
requested the planning com
mission to begin reviewing the
ordinance and, at Won’s sug
gestion, information about the
sign ordinance will be distrib
uted with business licenses.
Scout Cabin
As requested at the last
meeting, Candy Deeth and
Kathy Jackson brought a pro
posal for display cabinets at the
Scout Cabin. According to the
proposal, the Banks Historical
Society would purchase the
cabinets to become city proper
ty which would be covered by
city liability insurance.
The contents of the cabinets
would be managed by the his
torical society and the city
would be released from liability
for the contents of the cases by
a signed agreement with the
owner of materials displayed.
Deeth said that other informa
tion might also be displayed,
such as plans for development
of the Banks-Vernonia Linear
Park terminus. After council ex
pressed concern about giving
control of city property to a pri
vate organization, Lucas said
that an agreement for perpetu
al use could be drafted.
Noting that the cabin is a “fo
cal point of Banks", Deeth said
it should be used more than it
currently is, particularly in light
of the money spent to restore
the cabin. She told council that
the historical society would not
object to any kind of arrange
ment with the city. Orlowski
mentioned the Scout Cabin in
Vernonia as a facility with a
workable municipal/civic group
agreement. Deeth said she will
return with more information
about a lease arrangement.
Hiring Updates
The failure of the parks and
police levies earlier this month
has potential impact on hiring
either a city manager or a po
lice chief. The budget commit
tee will be reconvened to deter
mine if funds can be reallocat
ed and enable the city to fill
these positions. Councilor Katie
Murdock reported that inter
views were completed October
16, as scheduled. After tallying
the results, two candidates
emerged as finalists. The com
mittee has a follow-up interview
and a meeting with the mayor
before presenting the results to
council.
Councilor Ryan Birr said he
had received a list of candi
dates willing to accept a posi
tion as interim city manager.
Birr said he would draft a cover
letter and short questionnaire
for review by council members
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Public Works
Public works supervisor Tim
Grossnickle reported that the
design for a bioswale, sewer
tap and lateral, for drainage
from the library and public
works building parking lots, has
been approved by the county
and Clean Water Services. A
bioswale, he explained, is de
signed to accept run-off and
begin filtration and purification
with specific plantings before
water enters the storm drain
system.
Grossnickle told The Indepen
dent that the county indicated
that it would be several week
before they can review the
building plans, which means
construction is not likely to be
gin until next spring.
Resident Dorothy Johnson
asked why she must have a
backflow test even though she
does not have an irrigation sys
tem, particularly when older
homes are not required to have
backflow regulators. Grossnick
le explained that, because all
homes pose a risk of backflow
into the city water system, an
ordinance requires backflow
testing by a certified tester at
least once every two years.
Grossnickle said he is begin
ning to enforce the ordinance
and is also beginning to inspect
older structures to see if back-
flow devices are needed. They
are required on all new con
struction and on older struc
tures that are remodeled.
See page 14
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