I guess the final part of the hearing didn’t occur yesterday. The assistant city attorney, Tornow, called the courthouse in the morning and said he was ‘sick’.
Uh Huh.
I have a feeling the city is trying to scrape together a last minute defense and having trouble finding it.
Thank Gawd I wasn’t drinking anything when I heard a gentleman say that at the planning commission meeting. I would have shot it through my nose. I’m also surprised he wasn’t gaveled after the comment.
I have been listening to the Planning Commission meetings lately, they are usually long and boring. But the public testimonies are usually pretty heated. People in Sioux Falls are pretty passionate about their property and property rights.
In last night’s meeting the commission was debating whether or not to recommend approval to the council of a 180 day stay ordinance involving campgrounds. No matter where you stand on the issue (not sure what side I would take) it is obvious from public testimony the way the ordinance is written it is extremely flawed on many fronts and one commission member even suggested that a task force looks at it before approval. The Commission approved it anyway (tie vote, chair broke tie) to move onto the council (which will have to debate it also and I think it takes a 2/3rds vote to pass).
What made this public testimony even better was when local businessman Duane Spader who owns a campground showed up to chew ass. He basically said (besides the city acting like the Gestapo and dictators) that the way the city’s ‘one-liner’ ordinances are written it gives them wiggle room to do whatever they want to, to a suspected code violator.
It was beautiful, he handed the city their bullcrap city ordinance mess to them on a platter and basically said the system is broken and needs to be fixed. For Christ’s sakes alive, how many lawsuits and business and property owners have to tell the city that Home Rule and the city ordinance charter is broken before they fix it?
The theatrics were pretty funny. Mr. Spader didn’t hold back, at one point even accusing the commission members of not understanding the repercussions of their decisions (sounds more like the City Council and Mayor to me). They tried to pull the 5 minute rule on him (like Northside Davey did with me) but Mr. Spader was having no part of it and said when he’s done, he’s done. They gave him a time extention.
If you have the free time, it is worth at least listening too. I can’t wait to see his performance before the council. He has already stated that Staggers is the only councilor that stands with him.
Click on the planning commission meeting dated 5/06/09 and Fast Forward to about 1:16 hour (That’s when Spader rocks out). You might want to start at about 1:00 to see the full testimony about the ordinance change .
Hey, Vernon, rotary phones went out in the 80’s.
The city wants to make it easier to turn in your neighbors. Are we changing the city’s motto to, “The city of neighborly hate”? or “If you have a neighbor, he’s probably a criminal”
Sioux Falls officials, reacting to City Council criticisms, say they are making it easier for residents to file code enforcement complaints against other residents or businesses.
Because before code enforcement started 6 years ago, our city was in shambles! Shambles I say! Shambles!
In response, the city is marketing its general information phone number – 367-8000 – as the number to address code violations. The city has contracted with the HelpLine Center to answer those calls, and operators there will be trained to get complaints to the appropriate departments for investigation.
Because no one that works for the city is qualified to answer a phone and talk to citizens? And we wonder why we may be spending $34 million next year for “Professional Services”.
At some point, the system might even be set up to handle calls 24 hours a day, seven day a week. Officials hope to have a new Web site up in May, which will provide examples of violations of city code and access to file an electronic complaint.
Because we won’t be happy until we turn our city into a police state! This is a crock of shit. Now we are training residents on code enforcement? This is getting out of control. Who the F’ck is on a power trip here? This crap has got to end.
Councilor Vernon Brown, a longtime critic of the city’s handling of code enforcement complaints, told Director of Health Judy Buseman that private companies would go out of business if they treated people as the city does.
Can we fire all of you? Point me in the right direction. Let’s get this party started!
Rather than use a seven-digit phone number for complaints, Brown said he thinks the city should use a 311 phone number. It would be easier for people to remember, but cost $250,000.
Vernon thinks spending $8,000 to experiment with snowgates is a “Waste of Money” because “They don’t work.” But spending a cool 1/4 million on a phone number is well worth it. Go figure. Isn’t it ironic that a guy who works for a telecommunications company wants to spend that much money on a specialized number? Gee, I wonder what company in Sioux Falls is qualifed to handle that kind of contract? (Cough, Cough, SDN communications, Cough, Cough, Time Killers, Cough). I guess it’s time to pay back your Telecommunications PAC money you received during your last campaign, huh Vernon? Talk about conflict of interest!
“There are numerous citizen reports of unconstitutional city administrative hearings. Once a declaratory judgement is imposed, there will be a class action relative to cases post January 2008 when city codes were changed denying appeals and due process. It would ask for fine refunds and stop action for all cases (not just code citations).”
Dan Daily
The hearing that city attorney Shawn Tornow has been obstructing for years finally started yesterday;
Sioux Falls resident Dan Daily brought the case. He argues the city’s administrative hearings violate basic due process rights of residents and businesspeople who appeal citations or disputes with the city. Daily has been battling the city over a $200 driveway extension since 2006.
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The city hires private lawyers to hear appeals and render decisions when a resident disputes a citation. But Daily argues those lawyers are not sufficiently independent from the city, and residents aren’t afforded basic rights that are the foundation of the state’s judicial system.
If the city is paying them – how is that independent?
The process doesn’t guarantee residents the ability to subpoena witnesses, request depositions or force the city to produce documents. But former City Attorney Gary Colwill testified that the city’s intent was to create a “citizen-friendly process.”
You are kidding, right? When you say ‘citizen-friendly’ are you talking about project TRIM’s vague blanket code enforement? Or are you talking about how you can destroy someone’s credit rating through small claims court? Or are you referring to the flow-chart that looks more like a ‘Where’s Waldo’ poster then an official process? Just what part are you referring to Gary? Either you were flat out f’ing lying on the stand or you are completely delusional.
Maybe Plaintiff will give us an update in the comments section . . . .
l3wis