06/26/2007: "Stormwater Hearing Rescheduled -No One Is Happy"

A public hearing on an appeal of a stormwater fee was scheduled to take place at 2:30 today (Tuesday, June 26), but has been canceled; however, the topic of, when and why, a new date will be set for the hearing, is scheduled to take place at 10 a.m. today - if all of the parties show up for the discussion.

The appeal of a stormwater fee was canceled last Friday by Council Chair Bob Myhr, after Myhr received an email from Deputy Prosecutor Karen Vedder, who stated that “Public Works is requesting a continuance of the storm water appeal brought by Gordon and Lori Petersen”.

The email explains that because Vedder had received a copy of the Petersen’s brief (arguments) on Thursday of last week, Vedder -who will represent Public Works at the hearing in front of the Council- did not have the same amount of time to respond to the Petersen brief as the Petersen’s had to respond to her brief. The Petersens’ don’t see it quite the same way.

In her email, Vedder states that “An earlier recommendation to extend the deadline for both parties by the Council's attorney was denied by the Council's clerk”, and so the Vedder brief had been submitted in accord with the original deadline; but Vedder claims that after she submitted her brief, the Council granted an extension request by the Petersens’, and this gave them six more days to research and respond to the Vedder brief.

The Petersens’ responded with their own email to the Council, stating the Vedder is incorrect, and that they have a letter “confirming a verbal conversation from your office that all parties were notified of the extended deadline as of June 12. We therefore were not granted “six extra days” as this email suggests”.

But beyond that, the Petersens’ are unhappy with how things unfolded for them at the beginning of the process. They said they had attended a Council meeting on another matter, and were surprised when the Council was briefed on their upcoming hearing, and learned the date for it had already been set: “This date was news to us. We were not notified in writing until the following Friday June 8th. Obviously the parties involved at the County who stand against us knew of the June 26th date well in advance in order to put this briefing on your (the Council) agenda. It is those parties that have had the extra time to prepare their arguments, not us”.

Mr. Petersen informed the Council that he was also none too happy that the Prosecutors office used Sheriff Deputies to send papers to him, and did so by going to his commercial tenants and asking where he was; which resulted in his tenants expressing concerns that “the Sheriff is looking for you!”

The issues, and the Petersens’, both showed up at the Monday morning County Council staff meeting. Councilman Rich Petersen asked why the agenda showed the hearing had been cancelled, and when did that happen, and who made the decision?

Councilman Kevin Ranker responded first by stating the Council Chair sets the agenda, and can add or remove items at will. Chair Bob Myhr explained that when he became aware of Vedder’s concerns on Friday, he canceled the hearing, and instructed staff to re-schedule it to July 17th.

Ranker asked if the Petersens’ were “okay with the new date”, and Myhr turned to the Petersens’ and asked if the date would work for them. They said they had cleared their schedule for the hearing, and asked that it be held as originally scheduled.

Councilman Gene Knapp said that a request for any extension should involve all parties, and the Council should hear the reasons stated for and against granting an extension. He suggested that the Council ask the Prosecutor’s office to become involved in the discussion along with the Petersons’.

The Council agreed, and if someone from the Prosecutor’s office, and the Peterson’s, are in attendance, the Council will take up the matter at the regular Council meeting on Tuesday (June 26). Because the Petersens’ had left the meeting, and no one could be located from the Prosecutor’s office, it was not clear if the matter would even come up for discussion on Tuesday, let alone be resolved.