Document text
http://www.omniture.com --> Sections Home Page Local News AP News Archives Business Classifieds Event Calendar Forums Life Opinion Obituaries Photo Gallery Readers Photo Gallery Sports Tempo Weather Special Coverage 2006 Britt Festivals --> Shop Our Valley AutoFinder HomeFinder JobFinder Search Our Valley Special Sections Distinctly Northwest Readers' Choice Homelife Magazine Joy Magazine Holiday Guide Oregon Golf Info Oregon Wine Info Other Publications Local Links Ashland News eSouthernOregon Newspapers In Education Personals Moving Here Movie Listings TV Listings Volunteer Customer Service Advertise With Us Media Kit Place Classified Ad Contact Us FAQ's Home Delivery Site Map --> Email Story to a Friend January 14, 2007 Phoenix's former mayor faces backlash over ethics Former Planning Director says Bear 'found a loophole' with land application By Buffy Pollock for the Mail Tribune PHOENIX — Former Mayor Vicki Bear's last-minute circumventing of her denied application to subdivide her property may have been legal, but it was unethical, say residents and a former planner. Bear applied for permission to divide her 1/3-acre property on Hilsinger Road in July, one week before a scheduled code change deeming the property too small to split. The minor land partition was denied months later in a planning commission tie vote. One commission member was absent and did not vote. A day after the hearing, Bear and current Planning Director Jeannell Wyntergreen approached then Planning Director Dennis Murray about processing a rarely used Expedited Land Use process, not requiring a public hearing or review by planning commissioners. Murray, who has since retired, responded with a letter to City Attorney Kurt Knudsen, stating he felt Bear's application should be deemed a new application and subject to the new code, essentially preventing the subdivision. Advertisement A week later, Knudsen, to whom Bear has been romantically linked in the past year, issued a letter to planner Jeannell Wyntergreen stating that the original application could be submitted under the alternate process despite the planning commission's denial. In September, Bear got tentative approval in an unsigned planning department letter, requesting additional information within 180 days for completion of the expedited process. Further public hearing on the matter was postponed and the issue went unresolved. Murray retired Jan. 1, 2006, after which Bear provided final requested documents and garnered approval, via Wyntergreen, in March. In recent months, planning commission members inquired about rumors that Bear had received approval for her project despite the planning commission's rejection. Wyntergreen told the commission that Murray had come into the office after retirement to process the paperwork. But Murray fired back with a letter on Dec. 18, denying any involvement. "When this whole thing came up, I told Jeannell Wyntergreen and the Mayor, 'If you want to process this thing, that's fine, but I want to do it openly. I knew what would happen, that once word got out and people found out, they'd be upset," Murray said. "Basically she found a loophole she wouldn't have uncovered if she weren't mayor as a public official you have to be so careful and make sure that no one has even the perception you're receiving special treatment, but that didn't matter to her." Bear says the rush to subdivide her property was, in fact, due to the pending code change, but contends she took advantage of a "perfectly legal, though little-known process." Outside Murray's letter, Bear declined comment because the issue was discussed by the City Council, on which Bear holds a seat, during a recent executive session. She said the matter would be "ironed out" when newly hired City Manager Dale Shaddox starts work Monday. She said her use of a little-known process for her own project would merely "shed some light" on an alternative for other residents to benefit from as well. Murray conceded the expedited process was legal but felt Bear acted unethically and "used her position as mayor to get her way." Business owner Caroline Bartell agreed and voiced concerns over "lack of ethics within the council." "A 3-3 tie is a 'no.' The project was denied and she would have had to reapply. By the city attorney stating it wasn't a new application, because the code wouldn't have given her what she wanted, she was able to get away with something no one else could have," Bartell said. Planning Commissioner Sandy Christiansen said commission members were surprised to learn the subdivision ultimately had been approved. However, "What she did was legal, we'd just never heard of it, or been made aware she'd taken that route, so we needed some explanation as to what the process was all about." Contacted by cell phone last week, Wyntergreen declined to comment on the issue due to a reduction in work hours. Long-time resident Don Mitchell said it was unfair that Bear received "special treatment" while other residents did not. Mitchell said a family member had requested a similar partition, been denied and sold their property, only for city planners to allow someone else to divide the parcel. "It was pretty obvious to me the attorney knew who it was that he was giving advice to. It may not have been legally wrong, but to find a way to get around the vote of the planning commission, that's pretty spooky," Mitchell said. "At least in my sphere of influences that wouldn't be tolerated, but some people have different standards." Murray took issue with the lack of accountability. "In my opinion, and I certainly can't prove this, they waited until I was gone and pushed it through," Murray said. "The reason for my letter was that I wanted the planning commission to know that I had nothing to do with it. If I was truly in that situation, my conscience would have gotten to me." Buffy Pollock is a freelance writer living in Medford. E-mail her at [email protected]. Would you like to respond to this story? If so Click Here to visit our forums. Advertisement Copyright © 1997-2007 Mail Tribune, Inc. All rights reserved. Privacy Policy | Terms & Conditions | Website Feedback online casinos news Home Security Systems Online Casino Reviews Men's Clothing Fundraisers UK Homeowner Loans Discount Hotel Reservations Send Flowers Casinos Canada Texas Electric Choice Compare Electric rates in Texas Windermere Van Vleet Trunks, Footlocker Online poker at AbsolutePoker.com