Regulation activist threatens CJ Council with legal action
From our weekly issue dated July 30, 2008
Holger Sommer will be watching closely (Photo by stock.xchng.hu)
A municipal watchdog put the Cave Junction City Council on notice with what he termed “a civil threat” that the “slightest impropriety” would result in legal action.
Holger T. Sommer, a Merlin resident who maintains oversight on various public bodies, made the statement Monday night, July 28 in Cave Junction City Hall. He addressed the council at the conclusion of its one-hour meeting during the Comments from the Public time.
“I’m not here to give you a hard time,” said Sommer. “I’m here to help you avoid mistakes, and you’ve made many. I’m not going away. I’m threatening you, but it is a civil threat.
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“I’ll be watching you very closely. I have the resources to sue you, and the slightest impropriety will result” (he stated) in legal action. The council made no response.
At the start of the meeting, Sommer disputed the accuracy of the minutes from the July 14 meeting. Mayor Tony Paulson told him to come in Tuesday and point out what he sees in error.
Earlier this month, Sommer had to pay the city $7,936 for legal fees incurred by the city due to an annexation appeal he made to the state Land Use Board of Appeals (LUBA). The agency rejected his claims, and ordered him to pay the city for fees charged by City Attorney Patrick Kelly.
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During the July 14 meeting, when Sommer rendered his check, the council also voted to seek reimbursement for another appeal to LUBA made by Sommer. Monday night, the activist demanded, under a public records request, all billings and payments made to Kelly since Jan. 1, 2007. He included the billing for his working on the Sommer’s second appeal.
The Merlin resident said he feels that the $7,600 now pending for Kelly for the second appeal “is outrageous for a small motion.”
Sommer and rural Cave Junction resident “Sally” Palmer wanted to address a Redwood Hwy. Local Improvement District (LID). Paulson denied them, although they kibitzed from the audience, stating that the matter of dealing with an engineer’s report was not a public hearing.
The council voted 5-0 in favor of accepting the engineering report. It involves modifications exempting some property owners from assessed for LID work.
Sommer observed from the audience that he feels the city does not have authority, under Oregon Revised Statutes, to implement an LID on a state highway. After the meeting, he spoke with Councilman Don Moore about the matter and gave Illinois Valley News a copy of his statement. He did not make it public because, he said, he was denied permission to speak to it during the meeting.
Cemetery Water Bill Negotiation Pending
In another matter the council voted 4-1 to charge Laurel Cemetery Association $4,503.58 for 1.3 million gallons of water. Further, an association aide will meet with City Recorder Jim Polk to devise a payment plan.
Councilor Trisha Arias voted “No.” She explained after the meeting that her view is that the bill “should just go away.” She characterized the situation as an “oops” by the city.
The original billing early in June was for nearly $51,000. But that was corrected after John Plute, of Kerby Water District, pointed out a discrepancy in the billing due to a computer glitch.
The $4,503 represents the actual cost for the water and its processing that went through the cemetery meter due to a broken pipe. The council also:
*Awarded a low bid of $42,208 to Copeland Sand & Gravel to complete the S. Caves Avenue overlay project. The city has $25,000 from a state grant, and the balance of $17,208 will come from the city street improvement fund.
