Auditor’s report on LID complaints
It looks like more than 20 people called the State Auditor’s “Citizen Hotline” to complain of Ocean Shores’ handling of the Street LID. Today, the auditor released the results, finding no wrong-doing on the part of the City:
Attached is the official report on Citizen Hotline case numbers H-10-443, H-10-444, H-10-445, H-10-447, H-10-448, H-10-449, H-10-452, H-10-453, H-
$treet LID payments
At least two property owners tried to make Street LID payments after the Nov. 29 “early payment/discount” period ended. They were told they would have to wait until November 2011, meaning they would have to pay interest for a full year. One exasperated man stood in the lobby of City Hall, saying: “You mean you won’t take my money?!”
“I have no idea”
Received a voicemail from a reader this morning, complaining that Ocean Shores does not accept credit card payments for Street LID assessments, that if she did a credit card payment through another agency she would get charged a convenience fee, and that she got bounced around when trying to complain about this. I called City Hall, and got the City Clerk. She said, “We’re not set up to take credit card payments.” Nope, not for your monthly utility bills, not even for the $40 million of Street LID payments. She did confirm that an outside agency will handle credit card payments, but that a “convenience fee” would be charged. How much is the convenience fee?
“I have no idea,” she answered. “You can call them yourself and find out.”
LID Ordinance
Street LID payment schedule
The LID is closing
According to City Attorney Art Blauvelt, “the ordinance for the final assessment roll was passed” today by Ocean Shores City Council. (This was done in an opening meeting this afternoon, the continuation of this morning’s appeals session; I was not able to attend the afternoon meeting.) This means that the 30-day period for lump sum payments, at a 10 percent discount, could start some time next week, depending on the timing of the following key parts of the LID ordinance council passed today:
Street LID appeals decisions
After seven of the eight provided oral presentations, City Attorney Art Blauvelt said “The city would ask city council affirm the decision of the hearing examiner” on five appeals.
On the Huber, Green and Community Club appeals, Blauvelt said: “The city has no argument and agrees” with the appeals.
City Council considered each case individually, and followed Blauvelt’s recommendations, voting on the eight appeals before lunch. Denied: Glenn and Julie Pope, Richard and Patricia Schnell, Allen and Carmen Lizakowski, Ansara and Tracy Patterson (not present) and Don Williams. Council representatives Bob Crumpacker and Jackie Farra echoed Blauvelt’s ealier comment that appellants failed to provide expert witnesses to refute the Macaulay report. (Note: Local Improvements District Manual, Sixth Edition, p. 26: “It is presumed that a local improvement benefits property unless the challenging party produces competent evidence to the contrary”; more below)
Accepted: Richard and Jacqueline Huber (who said his one-third lot was assessed at $5,300, and received a $1,000 reduction); Lisa Pate/Stuart Green (a double-lot that was changed from a $9,000 Macaulay assessment to $5,500); and the Ocean Shores Community Club (attorney Mike Valdez said two club properties were improperly zoned by Macaulay, and council agreed).
More from the LID manual:
The Street LID appeals hearing
The hearing began today promptly at 9 a.m. (note: the time on this posting is an hour behind, based on where this site’s server is located), with Council members (Peggy Berry, absent; others present) being asked by City Attorney Art Blauvelt if they were biased, or had received communications from appellants. The eight apellants: Glenn and Julie Pope; Richard and Patricia Schnell; Richard and Jacqueline Huber; Stuart Green (Lisa E. Pate Trust); Allen and Carmen Lizakowski; Ocean Shores Community Club (represented by attorney Mike Valdez); Ansara and Tracy Patterson; Donald Williams. About 20 others in attendance. North Beach Community TV is taping; will air Monday, Oct. 25, 7 p.m.
Blauvelt is now going over what will be presented into evidence, including the Hearing Examiner’s report, and all the written appeals.
Street LID final hearing
More on the LID chronology
A stickler for details and general thoroughness, “The Don of the LID” submits another of his Street LID chronology installments. This one picks up where last week’s picks up, with the latter stages of the LID . . . and some interesting “author’s notes.”
By Don Williams
In Part IV that appeared in the North Coast News on October 6, I covered the third and final construction phase starting in the spring of 2009, Mayor Bunkers announcement that the City needed up to $8 Million of additional funding to complete the LID project, and through the Nov. 23, 2009 City Council meeting where the Council OKed a contract with Macaulay & Associates for the Final Special Benefit/Proportionate Assessment Study. This installment takes us through the Sept. 20, 2010 Protest Hearing and receipt by the City Clerk on Oct. 5 of the hearing examiner’s report of findings and recommendations.
Dec. 1, 2009. Following approval at the Nov. 23 City Council meeting, Mayor Bunkers signed a contract with Macaulay & Associates to complete no later than April 30, 2010 the Final Special Benefit/Proportionate Assessment Study. This second contract with Macaulay & Associates added $329,230 to the cost of the LID project and it designated Public Works Director Ken Lanfear as the primary point of contact with the City.
Author’s Note: The City did not reveal the results of the Macaulay & Associates special benefit study until it made the Final Report available to the public on August 12, 2010 – three and one-half months after the Macaulay & Associates contract was completed. This author submitted public records requests to the City for earlier versions of Macaulay’s special benefit spreadsheets in order to make comparisons to the Final Report but the City has claimed that Macaulay never produced or provided to the City a special benefits listing between the end of its contract with the City on April 30, 2010 until the Final Report was released on August 12, 2010.
