Dunes
City Council
M
I N U T E S
Regular Meeting
September 13, 2007 - 7:00 P.M.
Printable
file
City
Hall -
82877 Spruce St.
Westlake
,
OR
97439
COUNCILORS PRESENT:
Mayor Sheldon Meyer, David Bellemore, Peter Howison, Richard
Koehler, Susie Navetta, Bob Petersdorf, John Scott
COUNCILORS ABSENT:
None.
OTHERS PRESENT:
Joanne Hickey, Gary Darnielle, Teri Tinker (staff); George Burke
(Planning Commission Chair), and approximately 20 citizens.
1. CALL
TO ORDER
Mayor Sheldon Meyer called the meeting of the Dunes City City
Council to order at 7:00 p.m.
City Recorder Joanne Hickey called the roll and stated that a
quorum was present.
Councilors joined in the Pledge of Allegiance.
2.
CONSENT AGENDA
Mayor Meyer noted that the Consent Agenda included acceptance of
the minutes of the August 9, 2007, Council meeting and approval of the
Bills of the Session proposed for payment dated August 10 through
September 13, 2007.
Councilor Bob Petersdorf requested that acceptance of minutes be
removed from the Consent Agenda. Mayor
Meyer determined that the minutes would be considered immediately
following action on the Consent Agenda.
Mayor Meyer noted that the Bills of the Session totaled $9,338 .87.
He reviewed five which totaled $1,000 or more.
Councilor Petersdorf moved, seconded by Councilor David
Bellemore, to approve the Consent Agenda, containing Bills of the Session
dated August 10 through September 13.
The motion was adopted unanimously, 6:0.
Councilor Petersdorf requested that his absence noted in the
minutes of the August 9 meeting be changed to record the absence as
excused.
Councilor Susie Navetta stated that the names of several
unidentified citizens included in the minutes were misspelled or in error
and asked that they be corrected.
Mayor Meyer requested that Sentence 1 of Paragraph 8 on Page 3 of
the minutes be changed to make his comments more clearly understood.
The following is suggested:
In response to Ms. Helmuth, Mayor Meyer stated
that unless a person who had already signed up to speak during
the period set aside for citizen comment on unscheduled items was
willing to complete the reading of her statement, it would
not allow be allowed.
Mayor Meyer determined that there were no objections to the
requests and the minutes were amended.
Councilor Peter Howison moved, seconded by Councilor Navetta,
to accept the minutes of the August 9, 2007, Council meeting, as amended.
The motion was adopted unanimously, 6:0.
3. RECEIPTS
OF THE SESSION
Mayor Meyer reviewed a revised list the Receipts of the Session
dated August 10 through September 13, 2007, totaling $26,623.08.
He highlighted seven that totaled over $1,000.
4.
ANNOUNCEMENTS
Mayor
Meyer noted that volunteers were needed to serve on the Site Review
Committee, as volunteer fire fighters, and to take Community Emergency
Response Team training.
Mayor Meyer announced that water color art of Warren Davidson on
display at City Hall would continue into the month of October.
5.
GUEST SPEAKER
George Westphal stated that he was a fish biologist with the Oregon
Department of Fish and Wildlife and had been responsible for overseeing
conditions in Siltcoos, Woahink and other lakes for over twenty-years.
He explained that many research resources were available.
Councilor Bellemore requested that Mr. Westphal address the
Council, rather than the citizens present.
Councilor Howison requested that Mr. Westphal address the topic of
algae bloom in area lakes.
Planning Commission Chair George Burke said Mr. Westphal had been
invited to make a presentation because of concerns about conditions in
Siltcoos and Woahink Lakes, including algae, fish, and other matters.
City Recorder Joanne Hickey stated that the presentation had been
placed on the Agenda of the August Council meeting with the approval of
the Mayor and two councilors, not at the direction of the Planning
Commission. She explained that
it had been reassigned to the September meeting Agenda because it had not
been considered at the previously scheduled time.
Mr. Westphal reported that he had been informed that citizens had
testified at previous meetings that factual information about the
condition of area lakes should be studied before decisions were made about
proposed legislation related to them.
He recommended consideration of the Atlas of Oregon Lakes
and a publication entitled Lake Watcher.
He said they contained extensive information about studies made
about water quality and fish populations.
Mr. Westphal stated that lake water quality was affected by
stormwater run-off, sewer system pollution, water withdrawals, and outflow
requirements.
Mr. Westphal explained the average of five to eight feet of rain
that annually fell on Siltcoos Lake helped its dam maintain a consistent
depth of 12 feet. He said
natural flushing, high aquifer levels, good wind aeration, and some
sunlight helped keep the water quality good.
He also said trees and vegetation falling into the lake, a high
level of wind-blown sand particle and pollen deposits combined with warm
weather promoted the growth of algae.
He added that petroleum and other chemical pollution also
contributed.
Mr. Westphal stated that, from a biological point of view, not the
color but the oxygen level of lake water was the most important measure of
water quality. He said Woahink
Lake had consistently high oxygen levels which inhibited algae growth.
Mr. Westphal reviewed results of a recently completed two-year
study of Siltcoos Lake which showed oxygen levels varied, but were at less
than half the desirable level in areas shaded by water plant growth.
He also reviewed fish studies which showed trends toward larger
populations of young perch and the disappearance of older fish.
He said the change led to the depletion of zooplankton, which
tended to control the growth of algae.
Mr. Westphal discussed his presentation and answered questions
about fish populations, lake levels, and the influence of Siltcoos dam.
6. CITIZEN
INPUT ON UNSCHEDULED ITEMS
Mark Chandler, 4934 Lakeshore Drive, stated that he was
convinced that the natural springtime introduction of pollen into Siltcoos
Lake did not account for its recent unprecedented algae growth.
He said he had never before realized the contribution of the
changing fish population in the lake, but that he did not believe it would
be possible effectively to control its impact.
He suggested that development and adoption of ordinances intended
to control the introduction of unnatural substances that promote algae
growth should be continued. He
offered to provide a letter containing information regarding such matters
prepared by Mark Cherniak to the Council.
Mayor Meyer accepted the offer.
Tom Curtis, 83148 South Pioneer Road, said he objected to
comments published on the Dunes City Web Site that he considered to be
adolescently insensitive to persons who had suffered in a Minneapolis,
Minnesota, tragedy and described legitimate political efforts of Dunes
City residents as embarrass activities.
He requested that the remarks be removed and apologies given.
Bob Chuzas, 83451 Parkway Drive, stated that he objected to what he said
was the continued refusal of Councilors Richard Koehler and Peter Howison
to publish a letter on the City Website from the Siltcoos Lake Homeowners
Association regarding water rights owned by International Paper.
He said Mayor Meyer had previously authorized the group to
distribute the letter with the Dunes City Newsletter, but that it
had been prevented from doing so. He
said objections raised that it promoted a non-City interest and had not
been approved by the editorial committee did not appear to be equitably
applied because of the inclusion of other unaffiliated groups and
businesses.
Councilors discussed the presentations and the interaction of
Councilors with presenters.
Dick Anderson, 83435 Highway 101, said it was well
established that the growth of algae was encouraged by sunlight and high
temperatures. He said
consideration of water quality in Siltcoos Lake should factor in the above
normal experience of both in recent years.
Mr. Anderson said he had been disappointed that the Council, at its
August meeting, had not received a report from the Site Review Committee
regarding a complaint filed on July 18 about abandoned vehicles,
appliances, and trash that continue to be uncared for at the site of a
home destroyed by fire on North Pioneer Road.
He said he had ensured that the Committee Chair had received the
complaint and looked forward to a report about it later in the meeting.
Jerry Wasserburg, 84606 East Lake Drive, circulated his curriculum
vitae that he said showed his qualifications as a professional
scientist. He referred to
large volumes which he said were standard works on lake water pollution
and distributed copies of articles published by the U.S. government
regarding the effects of phosphorus on lakes.
He expressed appreciation for the Council having enacted a
phosphate control ordinance and said it would be a significant tool to use
in the control of algae growth in Siltcoos Lake.
Margaret Hammer 52153 Boy Scout Road said she was tired of
hearing how she should vote in the October 9 election to recall members of
the City Council. She said the
most objectionable publicity was promulgated by persons she said had the
most to lose financially by continuing in office Councilors who were
elected on a platform of sustainable development.
Ms. Hammett said she had been defeated in an attempt to be
re-elected to public office. She
said she had not tried to void the election of the candidate who had
unseated her, but had respected the decision of the voters.
She said she believed the current City Council had accomplished a
great deal for the quality of life in Dunes City, in spite of the
distractions of the recall election. She
suggested that promoters of the election be required to pay the expense
incurred by the City in holding it.
6. REPORTS
A. City Attorney
City Attorney Gary Darnielle reported that the owners of the Sassi-Sinclair/Shubert
property were near to completing arrangements for its sale.
He said he had been told the prospective buyers were aware of the
lien of the City on the property. He
said he would contact the buyers to offer assistance and confirm the
agreement made by the Council regarding the lien at its June meeting.
Mr. Darnielle reported that a notice of intent to appeal the
adoption of Ordinance No. 193 that
added a chapter on Erosion Control to the Dunes City Code had been filed
with the Oregon Land Use Board of Appeals (LUBA) by Norman Martin.
He said he was preparing a record of its adoption with the
cooperation of the petitioner. He
said members of the subcommittee that drafted the Ordinance would likely
be asked to contribute copies of documents used.
He said an outline of the time frame of the process had been
prepared by Planning Secretary Terry Tinker, but that an extension would
likely be requested because of the complicated and lengthy nature of the
record that was being prepared. He
said it would possibly be placed before LUBA in November or December.
Mr. Darnielle reported that he had prepared a document for
consideration by the Road Commission regarding improvements to Fish
Mill Drive. He said it had
been reviewed by the City Engineer and that he was asking for input about
it from the City Council before it was considered by the Commission.
Mr. Darnielle said he had received a letter from the office of U.S.
Congressman Peter DeFazio about complaints received from the owners of
Fish Mill Lodge regarding construction of a retaining wall and street
improvements. He said other
letters of inquiry about issues raised by the owners had also been
received from the Lane County Fire Marshall, Oregon Department of
Environmental Quality, and Siuslaw Valley Fire and Rescue.
He said he would work with the Road Commission Chair and Mayor to
prepare a comprehensive response for them all to show the position of the
City regarding the concerns.
B. Planning Commission
Ms. Tinker referred to her September 7 memorandum containing a
six-year comparison of Planning applications and to her Workload Report
dated September 17.
C. Mayor
Mayor Meyer reported that he had no new news to share from
International Paper regarding its divestment of Siltcoos Lake water
rights. He said he planned to
seek telephone contact with company officials to encourage a response to
his written communications.
Councilor Koehler said he believed it would be helpful to discuss
the concerns of the City regarding the water rights with the other
jurisdictions which also bordered the lake – Lane County and Douglas
County.
Mayor Meyer replied that the Siltcoos Lake Homeowners Association
was serving as an umbrella organization for the effort since its members
resided in all of the jurisdictions.
Councilor Koehler said he believed it would be appropriate to
invite a representative of the association to attend a meeting of the City
Council to “make public” documents related to its efforts regarding
water rights.
Councilor Bellemore said he wished to correct a mistaken opinion
published in a recent letter to the editor of the Siuslaw News
implying that he was uninterested in matters related to Siltcoos Lake
water rights. He said he
believed the City should stand ready to assist the home owner association
or any organization seeking to gain local control of the water rights and
preserve the dam creating the lake. He
said he had expressed an opinion that the City should not take the lead in
the effort, but that he supported it in every way.
Councilor Koehler said that only when information about the efforts
of the Siltcoos Lake Homeowners Association became part of the public
record, would it be appropriate to place it on the website of the City.
In addition, he said, allowing outside groups to establish links to
the website created additional work for its volunteer managers.
Mayor Meyer said he or a representative of the Siltcoos Lake
Homeowners Association would present a report on its efforts at the next
regular meeting of the Council.
D. City Recorder
Ms. Hickey
reported that the West Lane Emergency Operations Group would hold a study
meeting on September 17 that would include discussion of emergency
preparedness for areas south of the Highway 101 Siuslaw River Bridge.
She added that there would be a meeting of the Lane Preparedness
Commission on October 10 regarding planning for pandemic illness.
Mayor Meyer requested that he be able to add to his report by
expressing concern that there had been evidence of vandalism to
advertising signs related to the October 9 recall election.
He asked for public support in stopping such misguided acts.
Councilor John Scott asked for guidance about when he could
initiate further discussion of the problem.
Mayor Meyer suggested that it would likely be most appropriate
during New Business on the Agenda.
E. Road Commission
Councilor Petersdorf reported that the Road Commission had met on
August 20 and September 3 and that he was late in submitting his written
summary for inclusion in the Council meeting Agenda packets.
Councilor Petersdorf reported that a site review and findings had
been established regarding the applications for a Conditional Use Permit
and Variance to be considered later in the meeting.
He also reported that Councilor Navetta had attended the September
3 meeting and apologized for misinformation she had received and passed on
to the Council regarding Roads Inspector Keith Herring.
He said the status of road repair projects authorized by the City
Council had also been reviewed.
F. Conservation Committee
Councilor Bellemore reported that the Conservation Committee had
visited a location at which a tree was obviously in danger of falling onto
the chimney of the property owner’s residence and had given permission
for it to be cut. He also
reported that he had personally inspected a second location at which there
was a tree seriously in danger of falling on a lake access dock because of
bank erosion. He said he had
taken pictures, shared them with other members of the Committee, and it
had been agreed that permission would be given to remove the tree.
He said he had also provided information to the property owner
about State resources that could be helpful in mitigating further erosion
of the lake shore bank.
G.
Site Review Committee/Grants/Police
Councilor Navetta reported that her long-term to correct
issues related to a trailer had not been successful.
She said she had informed the property owner the previous week via
e-mail that abatement proceedings would begin if corrective measures were
not begun. She said there was
no evidence of any effort being made and recommended that the City
initiate the legal process for enforcing abatement.
Mayor Meyer affirmed that it seemed appropriate.
Councilor Navetta reported that efforts begun in February to
correct an attempt to install a septic tank without a permit had finally
been successful. She said the
system had been properly put in place and the open hole dug for it
covered.
Councilor Navetta reported that she had been informed of a
new complaint about a property that she would investigate soon.
Councilor Navetta stated that she had not been informed of
the problem related to abandoned vehicles and other trash on a property
destroyed by fire raised by Dick Anderson during the Citizen Comment
period of the meeting. She
said she would gladly investigate and take corrective action when she was
informed of the situation.
Mr. Anderson stated that he had been informed that Councilor
Navetta had been informed of the situation on July 18, acknowledged
receipt of the message by stating she had not received an attachment
related to the message, and had never picked up the record she had
requested. He said he hoped
she would follow through on the situation because it was a dangerous
attractive nuisance in the community.
Councilor Navetta said she would “try again” on the
problem raised by Mr. Anderson. She
reported that there had been no recent requests to deal with barking dogs
and that “everything else was good.”
H. Parks and Recreation/Franchises
Councilor Scott reported that there had been no meeting of the
Parks and Recreation Committee since the August.
Councilor Scott reported that he had attended a public meeting held
in Dunes City with West Lane Board of County Commissioner Bill Fleenor,
Florence Police Chief Maurie Saunders, and a representative of the Lane
County Sheriff’s Office regarding police services in Dunes City.
He said he had learned that recent County Budget cuts had led to
elimination of a large number Sheriff Deputy positions, further reducing
the ability of the Department to provide emergency response services.
He said two to three hour response time delays to Dunes City 9-1-1
calls would be likely.
Councilor Scott said discussion at the meeting had included the
suggestion that Dunes City might contract with the City of Florence for
police services, at least for emergency response services.
He said doing so would require establishment of an
Intergovernmental Agreement between the two cities.
He recommended that the Council authorize entering into official
discussions to determine what the possibilities were.
Mr. Burke said he had also attended the meeting and that he was
aware that several small cities in Lane County were contracting with the
Sheriff’s Office for full time deputy services.
He said County representatives at the meeting had urged the
formation of a Neighborhood Watch program in Dunes City, but that he did
not believe doing so would address the need for emergency response
services. He suggested that
contact with the Sheriff’s Office be pursued, if discussions with
Florence were not productive.
Councilor Scott said he did not believe Dunes City needed a 24-hour
police patrol, but that “first responder” protection was important.
Councilor Navetta said she was not aware of serious crime in Dunes
City that would require police services.
Councilor Petersdorf said police were most needed in
life-threatening situations.
Councilor Howison said he believed it would be important to
determine the cost of contracted police services before any decisions were
made.
Councilor Bellemore moved to invite a representative of the
Florence Police Department to a meeting of the Dunes City Council to
discuss options available for contracting for police emergency services.
There was no second of the motion and it was not considered.
Councilor Koehler said he believed it would be important to listen
to all points of view regarding police protection.
He said it was a new idea that he did not believe had ever before
been discussed at a Council meeting. He
said he was concerned that “going down the road” on police protection
would require “onerous” taxes on people who did not need the service.
Councilor Koehler said it was his understanding that some Dunes
City residents had called for police services for less than life
threatening situations and that a Sehiff’s Deputy had responded.
He suggested that the proposal could “open the flood gates of
possible taxation” that could “lead down the road to ruin.”
Councilor Petersdorf said Dunce City had once contracted for police
services with the Lane County Sheriff.
He described the service as minimal and expensive and said the City
had been charged for activities of the assigned deputy such as court
appearances and fire arm qualification.
Councilor Bellemore suggested that consideration be given to
establishing emergency response services for Dunes City paid for by
citizens requesting the service.
Councilor Navetta reported that approximately 12 citizens were at
the meeting about police services and that she believed if others were
interested, they should have attended.
Ms. Hickey reported that she frequently heard concerns expressed by
citizens at City Hall about the lack of police services in Dunes City.
Councilor Howison said he agreed that there was concern about the
issue. He said he believed
there was a need to determine if a significant threat to citizens existed.
Councilor Koehler suggested that a survey about citizen concern
about police services be conducted in the semi-annual Dunes City
Newsletter and that further investigation be undertaken if there was
interest.
Mayor Meyer said he favored beginning conversations with the
Florence Police to determine what opportunities were available.
Councilor Petersdorf recommended that if a dialogue took place at a
Council meeting, ample time should be scheduled for full consideration of
the topic.
Councilor Scott said he was troubled by a recent rash of vandalism
and theft of political signs in Dunes City.
He said he believed such activities were a criminal felony and an
infringement of the right of free speech.
He suggested that the City post a reward for the “identification
and apprehension” of person or persons involved.
He said it gave a “black eye” to Dunes City.
Councilor Scott moved, seconded by Councilor Petersdorf, that
Dunes City offer a $500 reward for information leading to the apprehension
and conviction of anyone destroying, defacing, or removing a political
sign legally displayed in connection with campaigns related to the October
9 election to determine if City Councilors should be recalled.
Councilor Bellemore said he believed the vandalism was a measure of
the “out of control passions” that had developed around the election.
The motion was adopted, 5:1, with Councilor Koehler voting
no.
I. Community Center/Committee for Citizen Involvement
John Stead, 83505 South Cove Way, stated that he was
Chairperson of the Committee for Citizen Involvement (CCI) subcommittee
that had developed the Stormwater Ordinance.
He said the group had completed its work on August 15 and that the
proposal was currently awaiting action by the Planning Commission before
it would be presented to the City Council.
J. Water Quality/Communications and Education
Councilor Koehler reported that the Communications
and Education Committee would evaluate the 2007 Festival of the Lakes
at its next meeting. He
expressed appreciation to citizens involved in planning and managing the
August event.
Councilor Koehler stated that the Committee would continue its
two-year effort to develop goals.
Councilor Koehler reported that the Water
Quality Committee would soon begin work on preparing and posting signs
regarding the newly adopted phosphorus ordinance.
Councilor Koehler moved, seconded by Councilor Navetta, that
the Road Commission and
Planning Commission be asked to make site reviews and requirements on all
projects currently underway for the purposes of limiting sedimentation
running into the water supply during the coming rainy season, safeguarding
the City through precaution that all erosion and sedimentation controls
are placed and in effect.
Councilor Koehler explained that the Water Quality Committee would
be monitoring water near identified sites and he would report to the City
Council in February on “all of the good work contractors are doing to
cooperate with the City’s water quality effort.”
Councilor Petersdorf raised a point of order and read from Dunes
City Rules of Procedure, as follows:
(The) Agenda shall provide City Council members a time when the
Mayor or any City Council member may bring before the Council any business
that he/she feels shall be deliberated before the Council.
These matters may not be specifically listed on the Agenda.
These matters shall not be acted upon until (they had been
presented) at the previous meeting, unless there is a compelling reason
decided upon by a unanimous vote . . .
Councilor Petersdorf said it was appropriate for Councilors to
introduce topics for consideration such as the motion, but that they could
not be voted on until the next Council meeting.
Councilor Bellemore stated that making a motion was the standard
means for raising a topic for consideration according the Roberts Rules
of Order. He said he
believed the topic of a motion could be discussed, but no action could be
taken on it.
Councilor Petersdorf said he believed it was inappropriate for one
committee to require another committee to do something.
Councilor Koehler said the Water Quality Committee had initiated
the concern expressed in the motion and was presenting it to the Council
for approval. He said he
believed it was appropriate for any committee to initiate a preventative
measure.
Councilors Koehler and Petersdorf made additional comments about
the motion and appropriate Council procedure.
Mayor Meyer noted that the time scheduled to hold a Public Hearing
had passed.
Councilor Bellemore moved, seconded by Councilor Howison,
that further discuss and the vote on the motion be tabled until the next
meeting of the Council. The
motion was adopted, 5:1, with Councilor Koehler voting no.
On the request of Councilor Navetta, Mayor Meyer declared the
meeting to be in recess for five minutes
7. PUBLIC
HEARINGS
A. Conditional Use Permit
Mayor Meyer
announced that the Council would hold a Public Hearing on an application
for a Conditional Use Permit (CUP 03-07) and Variance (VAR 01-07)
submitted by Thomas and Rosemarie Nicholson to construct a garage with
upstairs guest quarters at 5420 Leavitt Loop.
He read a script which described the procedures to be followed and
the rights and responsibilities of the applicant.
Mayor Meyer invited Councilors to declare any ex parte
contacts and conflict of interest regarding the application.
Councilor Petersdorf reported that he had participated in a site
visit of the property by the Road Commission and had discussed the
proposed plan with the applicant. He
said conditions of approval developed by the Road Commission had been
evaluated by the Planning Commission and were included in the staff report
regarding the application. He
said he had no conflict of interest regarding the applications.
Councilor Navetta reported that she had visited the property and
met with the applicants. She
said their discussion had focused on survey lines and that she had no
conflict of interest regarding the applications.
Councilor Koehler reported that he had visited the property, but
had not received new information that would bias his ability to make a
decision.
Councilor Scott reported that he had driven by the property to
verify information presented in the staff report.
Mayor Meyer determined that no one present wished to challenge the
impartiality of any Councilor regarding the applications and opened the
Public Hearing at 9:15 p.m.
Ms. Tinker referred to the Staff Report regarding the applications
and reviewed detail of the request and background it contained.
She noted that it recommended that the Council approve the
applications.
Ms. Tinker referred to the proposed Final Order regarding the
applications and read responses to criteria required by Sections
155.2.1.110, 155.2.1.220, and 155.1.1.111 of the Dunes City Code.
She noted conditions for approval it included, as follows:
1.
There will be no kitchen facilities.
2. Approval
will be received from the Lane County Sanitarian.
3. Finished
driveway grade drawing will be supplied with the building permit.
If any portion of the driveway grade exceeds ten percent,
engineering will be required.
4. A
retaining wall will be required adjacent to Leavitt Loop vegetation.
5. Applicant
is responsible for providing pole marking property line corners parallel
to Leavitt Loop.
6. If a
large tree currently on Leavitt Loop becomes a problem or “danger
tree,” it is the responsibility of the property owners to obtain a
permit and remove the tree at their own expense.
7. A culvert
under the driveway apron will be installed prior to beginning of work.
8. Construction
equipment will not destroy vegetation in the road right-or-way.
9. Vegetation
in the road right-of-way will be preserved.
The applicant will enter into a “no brush” contract with the
City and will install posts and annual permit stickers.
Mr. Darnielle stated that he did not believe that if the City
approved the Conditional Use Permit and Variance applications, the use of
the property continued to be “non-conforming” as stated in the Staff
Report. He said making the
change would not affect the Staff recommendation for approval.
Mr. Burke noted that the minimum height of the regaining wall
required in the conditions for approval should be described as four feet
in height, not three.
Councilor Petersdorf questioned whether the Staff Report analysis
that “financial loss” would incur if the applications were denied was
accurate. He said no loss
could occur until after the facility was constructed.
Thomas Nicholson, 5420 Leavitt Loop, stated that he and his
wife were the applicants for the Conditional Use Permit and Variance.
He said they appreciated the Staff Report and proposed Final Order.
He requested that the correction identified by Mr. Darnielle be
incorporated into the Staff Report. He
said they would accept all of the conditions of approval proposed.
Mr. Nicholson said the variance process was made available to deal
with unusual property configuration issues such as those that existed.
He responded to objections to the proposed variance raised by
Darlene Beckman, a member of the Planning Commission.
He said that granting a variance did not set a precedent; was
intended to accommodate topographic conditions, not extreme situations;
would affect no nearby neighbors; and that allowing location of the
proposed building two feet from the property line was mitigated by the
fact that the line was 25 feet from the street.
Mayor Meyer invited public testimony regarding the applications.
Marvin Beckman, 82159 Booth Island, read a September 9
letter of opposition to the application for the Variance from Darlene
Beckman. It contained six
reasons for her opposition and contained a request for the letter to be
included in the written record of the Hearing.
It is attached to these minutes as Appendix A.
Mayor Meyer determined there were no other requests to provide
testimony.
Mayor Meyer invited Mr. Nicholson to rebut the testimony in
opposition to the application for a Variance.
Mr. Nicholson said he believed that he had already spoken to the
issues raised by the letter of Ms. Beckman and had nothing further to add.
Mayor Meyer closed the Public Hearing at 9:45 p.m. and invited the
Council to deliberate on the applications.
Councilor Koehler asked if consideration had been given to
relocating the proposed building to farther than two feet from the
property line.
Ms. Tinker noted that any relocation of the building would make it
impinge on the location of the septic drain field of the property.
Councilor Koehler suggested that consideration be given to making
the building smaller to avoid the “massive effect” it would have on
neighboring properties.
Councilor Scott observed that the reason no opposition to the
project had come from neighbors of the property was that there were no
close-by neighbors. He said
the low elevation of the property location and the presence of ten feet
high brush between it and the road would also lessen any impact of the
proposed new construction.
Councilor Howison asked if it was likely that the existing road
would be widened at some time in the future.
Councilor Petersdorf replied that if it were made wider, the new
width would be added to the side of the road opposite the proposed
construction because of the configuration of existing vegetation and other
factors.
Councilor Howison said he objected to the map of the road that had
been submitted because it did not appear to be correct.
Mr. Nicholson said it was unlikely that the road would be widened
because most of the properties in the area were already developed and an
increase in traffic volume was unlikely.
He said its designation for one-way traffic also limited its
likelihood of being widened.
Councilor Navetta said she was concerned that the power line
providing electricity to the property would go directly over the location
of the proposed new building. She
said she was also concerned about the breakdown of natural vegetation in a
number of different places on the property due to the parking of vehicles.
Councilor Bellemore noted that the location of the existing house
on the property would not have been permitted under current code
restrictions. He sad he did
not believe extreme hardship should be considered in deciding whether to
approve the applications. He
said he believed that granting the applications would weaken the
enforceability of current code limitations on locating new buildings.
He said he agreed with Councilor Navetta and would like to add a
condition for approval that required maintenance of natural vegetation on
the property.
Councilor Howison suggested that adding residential space to enable
caring for aging relatives could be accommodated by creating an addition
to the existing house which would eliminate the need for a second story on
the proposed garage. He said
the need for a garage could be eliminated by using covers for recreation
vehicles.
Mr. Burke explained that Ms. Beckman had written her letter of
objection in accordance with standard procedures of the Planning
Commission. He said
Commissioners were encouraged to write such letters if they did not
support a recommendation made to the Council by a majority of members.
Councilor Bellemore said he was concerned that the new building and
driveway construction would create a significant amount of new impervious
surfaces on the property. He
suggested that an additional condition for approval be created requiring
that stormwater runoff be contained from flowing directly into the lake.
Councilor Koehler said he agreed and suggested that consideration
also be given to requiring that driveway surfaces be constructed from
pervious materials.
Councilor Navetta said she was concerned that the configuration of
the property required that entrance onto the driveway be made by turning
180o and exit was made by driving in reverse onto the street.
She said she was also concerned that the proposed retaining wall
would be required to be unexpectedly high.
Councilor Scott moved, seconded by Councilor Petersdorf, that
the Staff Report for applications for a Conditional Use Permit (File No.
CUP 03-07) and Variance (File No. VAR 01-07) be accepted, with the
addition of a condition of approval that would require that the stormwater
runoff created by the construction project be prevented from entering the
lake. The motion was adopted
unanimously, 6:0.
Councilor Scott moved, seconded by Councilor Petersdorf, to approve
the request from Thomas and Rosemarie Nicholson for a Conditional Use
Permit and Variance for a garage with guest quarters within the 25-foot
front setback for Tax Map 19-12-14-40, Tax Lot 501.
The Council has considered the evidence presented by those for the
proposal, as well as against the proposal, and it has found by the weight
of the evidence that the proposal should be approved with the ten
conditions of the City Council
This approval is based upon the draft findings of fact and
conditions of approval, as modified, for File Numbers CUP 03-07 and VAR
01-07 dated Sept ember 13,
2007, that are adopted by reference in support of this decision.
The motion was adopted unanimously, 6:0.
8.
OLD BUSINESS
A. Ordinance 195
Mayor Meyer stated that the Council would consider the Second
Reading and adoption of proposed Ordinance No. 195, AN ORDINANCE AMENDING
CHAPTER 32 OF THE DUNES CITY CODE AND REPLACING RESOLUTION NO.06-10-99.
Councilor Petersdorf noted that Section 32.82 of the proposed
Ordinance had been changed from the time it was considered at its First
Reading to establish the Site Review Committee with three members, instead
of the previously required two. He
suggested that the membership requirement be increased to five members to
allow greater citizen participation in the affairs of the City.
Councilor Navetta said it was already difficult to recruit persons
to serve on the Site Review Committee because its responsibilities
included investigating complaints about nuisances and trash.
She said she would welcome recommendations of names of persons to
recruit as new members.
Councilor Petersdorf suggested that providing for additional
members would increase the number of potential participants.
Councilor Koehler said that the City had never before had the
number of volunteers it currently had and it was still difficult to
recruit three persons as active committee members.
He suggested that it would become worse if the upcoming recall
election was successful and current Councilors would no longer be active.
Councilor Howison suggested that if the proposed three positions on
the Site Review Committee were filled, consideration could be given to
adding to its membership. He
said he believed it was unrealistic to expect that five members could be
recruited.
Councilor Petersdorf suggested that increasing the number of Site
Review Committee members to five would make all of the Committees operate
on a level playing field.
Councilor Bellemore suggested that if the City continued to grow,
it would be less difficult to recruit new volunteer committee members.
He suggested that if a committee was unable to have a quorum
present at the time it made site visits, provision should be made to
require the presence of witnesses to validate the efforts of one or two
members.
Councilor Koehler said that requiring that a committee have five
members was unheard of in the history of Dunes City.
He also said that if the recall election was successful, it could
lead to a situation where persons would have to be paid to do the work of
volunteers, creating a burden on the entire community.
Councilor Petersdorf suggested that giving committees official
standing in the City Code could increase their standing in the community
and that they would be better able to recruit volunteers.
Councilor Scott suggested that if the recall election were
successful, there would be an exodus of City Councilors, but it might
create an inflow of citizen volunteers.
He asked what the incentive to make the proposal for three
committees to have Standing Committee status was.
Councilor Navetta said the proposals had been developed on the
recommendation of the City Attorney who felt it would give the committees
equal standing with the Planning Commission and Road Commission.
Councilor Koehler said he feared that if the City were unable to
continue to attract its current inspired volunteers, it would lead to the
need to find support by raising “what we don’t like here . . . and
want to avoid (taxes).”
Councilor Petersdorf said it was his experience with Dunes City
civic affairs since 1963 that there have consistently been many
volunteers, including in the early days of when each of the 72 roads in
the City had two representatives attending meetings of the Road
Commission.
Councilor Bellemore moved, seconded by Councilor Howison, to
conduct the Second Reading of proposed Ordinance No. 195 by title only.
The motion was adopted, 4:2, with Councilors Petersdorf and Scott
voting no.
Mayor Meyer explained that the Council was required to hold two
official “readings” of a proposed ordinance before it could be
adopted. He said Ordinance No.
195 had been given its First Reading on August 9, 2007.
Mayor Meyer read Ordinance No. 195 by title – AN ORDINANCE
AMENDING CHAPTER 32 OF THE DUNES CITY CODE AND REPLACING RESOLUTION NO.
06-01-99. He noted that the proposal had been changed from its First
Reading by adding the investigation of citizen complaints about nuisance
ordinance infractions to the purpose of the Site Review Committee, and
changing the required number of members from two to three.
Mayor Meyer opened a Public Hearing on Ordinance No. 195 at 10:25
p.m.
John Stead, 83505 South Cove Way, asked if the activities of
the Site Review Committee would involve provisions for land use decision
site reviews.
Mr. Burk replied that the Planning Commission would continue to be
responsible for issuing Site Review permits as provided in the City Code.
He explained that the Planning Commission, Road Commission, and
City Council occasionally engaged in “site view” excursions, which
also had nothing to do with the proposed responsibilities of the Site
Review Committee.
Mayor Meyer determined that there were no other persons wishing to
testify and closed the Public Hearing at 10:30 p.m.
Councilors discussed the purpose of the proposed Ordinance.
Councilor Petersdorf moved, seconded by Councilor Bellemore,
to adopt Ordinance No. 195, AN ORDINANCE AMENDING CHAPTER 32 OF THE DUNES
CITY CODE AND REPLACING RESOLUTION NO. 06-10-99. The motion was approved
unanimously, by roll call vote.
Councilor Navetta moved, seconded by Councilor Howison, to
postpone consideration of the Second Reading and adoption of Ordinances
No. 196 and 197 until the October regular meeting of the City Council.
B.
Final Plat
Mayor Meyer stated that the Council was asked to accept a
recommendation of the Planning Commission to give final approval to an
application to create two parcels of Tax Lot 3500 of Assessor’s Map
19-12-23-33 (MP 05-05) conditionally approved on August 10, 2006.
Ms. Tinker explained that Siuslaw Valley Fire and Rescue had
notified the City of its approval of a proposed access road to the home
site and its consideration of the turnaround at the Bang residence as its
principal fire apparatus turnaround and the access road to the proposed
site on May 22, 2007. She
noted that a roadway and underground utility easement had also been
recorded for the properties.
Councilor Scott moved, seconded by Councilor
Petersdorf, to approve the findings of the Planning Commission and
application for Final Plat for a Minor Partition (MP 05-05) submitted by
Charles H. Bang. The motion
was adopted unanimously, 6:0.
9. NEW
BUSINESS
A. Setting an Enforcement Hearing Date Involving ANB
Construction Company
Councilors discussed issues related to work of ANB Construction
Company on a project in Dunes City. Possible
violations included violation of Dunes City Code regulations regarding
shoreland setback and completion time limit violations.
Mayor Meyer determined there was consensus to hold an
Evidentiary Hearing for ANB Construction Company, Mike Cochran proprietor,
at City Hall at 6:00 p.m. on September 27, 2007.
B. Penalty Assessment for Fern Acres Water System
Ms. Tinker referred to City correspondence dated September 28,
2006, through August 30, 2007, with Terry Austin, administrator of the
Fern Acres Water Users, Inc., an association sharing the Dunes City
domestic water right. She
reviewed the failure of Mr. Austin or members of the association to report
water usage, as required by the Dune City Code.
She explained that requests for payment of a bill for having the
meter read by Oregon Water Services, as authorized by Ordinance 192, had
also been ignored.
Ms. Tinker reported that Mr. Austin had paid the bill on September
11 and was current in reporting obligations.
She asked the Council if it wished to authorize imposing of a fine
for prior non-reporting of meter readings.
Councilors discussed the issues involved, including the intent and
enforceability of relevant Ordinances.
Councilor Bellmore moved, seconded by Councilor Petersdorf,
to impose a fine of $150 for non-reporting of Fern Acres Water Users,
Inc., water meter readings, and to inform the association that similar
fines will be imposed for each future incident of failure to report meter
readings, as required by Dunes City Ordinances.
The motion was adopted unanimously, 6:0.
Councilor Navetta moved, seconded by Councilor Koehler, to
extend the ending time of the meeting for as long as is required to
consider the remaining items of business on the Agenda.
The motion was adopted, 5:1, with Councilor Scott voting no.
C. Writ of Mandamus
John Stead, 83505 South Cove Way, and Ralph Farnsworth,
8337 Highway 101, stated that they had researched the Writ of Mandamus
filed against the City by MJK, LLC, and Darren Kronberger on August 9 and
prepared an extensive analysis with detailed end notes for the Council
about it on the request of the City Attorney with the extensive assistance
of the City Recorder. They
distributed copies of the analysis.
Mayor Meyer determined there was consensus to accept the
analysis, to commit to the study of it, and to invite Mr. Stead and Mr.
Farnsworth to discuss the matter at a forthcoming open or closed executive
meeting of the Council.
C.
Communication and Education Committee
Councilor Koehler requested permission to raise issues about
which he was concerned about as the “webmaster” of the Dunes City
Website.
Councilor Koehler reported that he had been asked about
changes made to the public service hours at City Hall and that he was
concerned that he had never been informed of a decision about such a
change. He said he was aware
that the topic had been addressed in a February memorandum from the City
Attorney.
Councilor Howison said the City Council had set the time that
the office would be open at one time, but that they had since reverted to
fewer hours previously observed. He
said he was unaware of how the change had been authorized.
Ms. Hickey explained that City Hall public hours had been
reduced during the time of employee shortages created by the resignation
of staff. She said she had
informed councilors of the change in a memorandum presented at a regular
meeting.
Councilor Koehler said he considered memoranda to be a
“suggestion list, not something set in stone.”
Councilor Koehler said he was also concerned about the change
made in the September meeting date of the Road Commission.
He said he had not been officially informed of it, but had learned
about it from Councilor Petersdorf.
Councilor Petersdorf said the change was a regular one made
each September by the Commission and that public notice of it had been
published in the Siuslaw News.
Councilor Koehler said he was also concerned that an e-mail
from a City Councilor to the Mayor had been made available to the public
in an unethical act intended to have political effect.
He suggested that those involved in the situation should be
provided with a review of ethical standards presented at a workshop for
local government officials held earlier in the year.
Ms. Hickey stated that copies of the e-mail in question had
been distributed to all members of the Council, but not by a City
employee.
Councilor Howison stated that his research had shown that
Councilor Navetta had sent the e-mail in question to Mayor Meyer only.
Ms. Hickey reported that she had assumed that she received a
copy of the e-mail as part of a group mailing to the members of the
Council as the way of informing her of the need to give public notice of
the planned meeting it had engendered.
Ms. Hickey said she objected to what appeared to be
allegations by Councilor Koehler that she or a member of the City staff
had distributed copies of the e-mail to the members of the Council.
Councilor Koehler stated that he was not implying such a
possibility, but that his concern had been heightened by members of the
Road Commission going “hog wild” when “one of their own” was “in
jeopardy.” He said they
“went into warfare” against one person for “not having given
information correctly.” He
said his personal style was to go into a “lock down” mode in such a
situation and only consider personal matters in executive sessions.
He said discussion of such matters in a public session by a citizen
was “an affront.”
Councilor Petersdorf said all e-mail communication should be
assumed to be in the public realm and that anyone not wanting information
they contained discussed in public should use other means of conveying
opinions. He said the Road
Commission had became concerned about the matter because there appeared to
be a suggestion that it was not properly doing its job of overseeing the
work of the Road Inspector.
Councilor Howison said he believed e-mail communications
between individuals were private matters.
Mr. Darnielle explained that any e-mail regarding City
business was subject to disclosure under provisions of the Oregon Public
Records Law. He said an
appropriate question about the e-mail being discussed was whether its
subject was related to the discipline of a public employee.
If it was, it would have been appropriate to address it in an
executive session.
Mr. Darnielle advised Councilors to not use e-mail if they
did not wish to have what was written about become public.
Mr. Darnielle suggested that the Agenda of all future
meetings of the Council contain a notice that it would include an
Executive Session. He said it
would allow discussions such as the one that was being held to take place
in non-public sessions.
Ms. Hickey asked if comments of Councilor Koehler implying
that she or a member of the City Staff had made the e-mail in question
public indicated that he believed she should attend a class in ethics in
government.
Councilor Koehler denied such intent and said that he had
meant that Councilors who had already attended such a class should know
better.
Councilor Howison said that his evaluation of the situation
was that Ms. Hickey had had nothing to do with the situation, but that
Councilor Navetta had sent her e-mail to the Mayor and that an answer to
it had inadvertently been sent to the entire Council.
Mayor Meyer said he did not believe he had done such a thing,
but had only replied to Councilor Navetta that a meeting like she had
suggested was required to be given proper public notice.
He said he challenged any questions raised about his ethical
standards.
Councilor Bellemore said there were “lessons to be
learned” from the episode just discussed:
(1) Any e-mail should be assumed to be “broadcast to the entire
world.” (2) Councilor
Navetta should not over-state assumptions.
(3) No matter how the e-mail discussed was intended, it should have
been assumed that it was available to the public.
He said Councilor Navetta had apologized for her misinformed
comments about the Road Inspector and the matter should be dropped.
Mayor Meyer said he apologized for any errors he had
committed.
The meeting adjourned at approximately 11:15 p.m.
(Recorded by Dan Lindstrom)
A P P E N D I X
A
9-7-07
Variance #0107 • 5420 Leavitt Loop - Thomas 8 Rosemarie Nicholson
To Dunes City Council,
I am requesting that this opposition to variance #0107 be included into
the written record. I also request that this letter be read into the
record at the upcoming City Council meeting where this variance request is
being heard.
In summary the above mentioned variance application shows a very large two
story structure located up to within 2 feet of the front property line!
I oppose the request for a variance at the above referenced location for
the following reasons: • A variance is supposed to be for extreme
situations --- the owner purchased the lot knowing that it was very
slopped -- and that the topography could restrict the normal building
possibilities
• The mandatory setback requirements have been in affect for years and
are being enforced on residents of Dunes City -- it is not appropriate to
allow an individual to encroach on these setbacks for the simple reason
that they now want a large 1200+ square foot garage and a second story
quest house for the use of full time guests (family members)
• The variance asks for allowing the very large two story garage/guest
house to within 2 feet of the front property line - so much for the rural
character of Dunes City.
• As a note the current allowable front fence height is only 3 or 3 1/2
feet for a low visual impact. Just imagine a two story structure that is
over 40 feet long that is as close as 2 feet to the front property line.
• Most importantly -- the approval of this variance would allow a
disastrous precedent to be set in Dunes City.
• There are many alternatives that could be considered.
• Much larger set back from the front property line
• One story structure with a much lower profile
• A combination of the two alternatives mentioned above
• Or possibly no variance at all - they could park there vehicles
outside (in the same location as proposed for the garage), just like many
other residents in Dunes City already do.
Respectfully,
Darlene Beckman, Dunes City Planning Commission
A P P E N D I X
B
Dear Friends in Dunes City,
I noticed on tonight's agenda that Dr. George Westfall of the
Oregon Department of Fish and Wildlife will address the topic of the
"Potential causes of algae bloom in Woahink Lake."
I apologize that I am unable to attend tonight's meeting and listen
to Dr. Westfall's presentation. Please
allow me to offer the following as a concerned citizen, not as a
consultant for anyone.
As a scientist, I am reminded how often one's favorite
hypotheses are upended by new ideas and new information.
On the other hand, sound hypotheses emerge even stronger when
subject to open challenge. Please
accord Dr. Westfall a warm reception.
As you know, it is my opinion that human use and alternation
of land in the watershed of Lake Woahink, (specifically use of phosphate
fertilizers, soil erosion from land clearing and development, and
disrepair of septic systems) is the primary cause of algae blooms in
Woahink Lake. I understand
that Dr. Westfall might offer a different opinion.
While everyone is entitled to their own opinion, no one is
entitled to their own set of facts. So,
whoever offers an opinion about the causes of algae bloom in Woahink Lake
must square the opinion with the following facts:
1. Gradual but accelerating adverse changes in the trophic
state of Lake Woahink has accompanied increased development
According to a study published by researchers from Portland
State University, the trophic state of Lake Woahink declined from the
late-1960's to the early-1990's:
"This paper discusses evidence suggesting that the study
lakes have become more biologically productive (eutropic), apparently as a
result of human activities, and provides additional limnological
information about each lake. . Increases in the rate of phytoplankton
primary productivity, densities of selected zooplankton species,
sedimentation rate, sedimentary vanadium, and numbers of Cyclotella
stelligera frustules all indicate that Lake Woahink has undergone
significant change relative to its presettlement condition.
The primary productivity measurements made in 1992 average 1.5
times larger than the maximum rates measured during 1970-1972 (Table 2).
A comparison of data from 1991 and Malick (1970) for the total
density of four zooplankton species . showed that the lowest 1991 density
(15,300 m3) was almost twice as large as the highest 1968-1969 density
(8,200 m3)."
Dagget et al. (1996) "Eutrophication of Mercer,
Munsel,
and Woahink Lakes, Oregon," Northwest Science, 70(special issue
2):28-38
However, this same 1996 study failed to detect changes in
Lake Woahink beyond perturbations in the relative composition, not total
abundance, of lake microbes:
"The presence of Cyclotella stelligera in Woahink was
cited by Johnson et al. (1985) as partial justification for assigning the
lake to oligotrophy, yet the relative numbers of frustules from this
species, already the most abundant taxon in Woahink sediments, increased
by over a third between the lower strata and the 2 cm depth ., the same
period of time that the lake has been apparently undergoing cultural
eutrophication. The increase
in the relative abundance of C. stelligera as this lake underwent
enrichment may be an early indicator of eutrophication. .. Data for
chlorophyll a and dissolved oxygen show no apparent change over time (Daggett
1994) suggesting that there was a greater shift in species composition
than in total primary productivity."
A more recent study published in 2001 by researchers with the
Center for Lakes and Reservoirs, Portland State University, noted
additional and more serious symptoms of over eutrophication in Lake
Woahink evident by 2000 that were not evident in 1994:
"Dissolved oxygen concentrations in the hypolimnion of
Woahink Lake were generally lower than in previous years (Figure 16). The
lowest concentration measured just prior to turnover was 4 mg/L. Lower
concentrations were measured in the hypolimnion when turnover occurred
later."
2. Phosphorus is the key nutrient that causes lake over
eutrophication. Beginning in
1968, the Experimental Lakes Area Research Unit (ELA) of the University of
Manitoba has conducted extensive studies on the role of nutrients as the
cause of lake over eutrophication. These
studies have dramatically confirmed that phosphorus is the key nutrient
that causes lake over eutrophication. According to the ELA:
"ELA Lake 226 was the site of a visually spectacular
experiment. The lake was divided into two approximately equal portions
using a plastic divider curtain. Carbon and nitrogen were added to one
half of the lake, while carbon, nitrogen and phosphorus were added to the
other half. For eight consecutive years, the side receiving phosphorus
developed eutrophic algal blooms, while the side receiving only carbon and
nitrogen did not. However, after only two years, this experiment convinced
even the skeptics that phosphorus is the key nutrient. A multi-billion
dollar phosphate control program was soon instituted within the St.
Lawrence Great Lakes Basin. Legislation to control phosphates in sewage,
and to remove phosphates from laundry detergents, was part of this
program."
Experimental Lakes Area Research Unit of the University of
Manitoba, Eutrophication (Nutrient Pollution). http://www.umanitoba.ca/institutes/fisheries/eutro.html
Anyone offering an opinion that something other than excess
phosphorous is the primary cause of algae blooms in Woahink Lake would
need to square this opinion with the overwhelming experimental evidence on
the role of phosphorous in lake water quality.
3. Adverse changes to the trophic state of other lakes in the
Northwest are associated with the level of development in a lake's
watershed.
A study completed in 1998 by researchers with the University
of Washington found:
"Nutrient pollution and associated eutrophication of
freshwaters threaten the ecological integrity and the services provided to
humans by lakes. We examined how human residential development influenced
the level of lake eutrophication in the Seattle, WA, USA, region. We
surveyed 30 lakes and measured 3 indicators of eutrophication:
concentrations of chlorophyll-a and phosphorus, and the proportion of
algae that are inedible to zooplankton. We classified lakes based on the
waste-treatment method for shoreline homes: septic, sewer, and undeveloped
lakes. Septic lakes occurred along the urban-rural fringe while sewer
lakes occurred near urban centers. Septic lakes were more eutrophic than
sewer lakes and undeveloped lakes, as indicated by higher levels of
phosphorus and chlorophyll-a. These results suggest that septic systems
contribute to the high levels of eutrophication in lakes at the urbanrural
fringe.
Lakes at the urban-rural fringe represent an opportunity for
proactive management of urban expansion to minimize lake eutrophication."
Moore,
J.W., et al. (February 2003) "Lake eutrophication
at the urban fringe, Seattle region, USA." Ambio, 32(1):13-8.
Anyone offering an opinion that something other than the
nature and level of development in the Woahink Lake watershed is a
principle cause of algae blooms in Woahink lake would need to square this
opinion with evidence from similar lakes in the Northwest (that is,
explain why Woahink Lake is different).
My family and I had a wonderful visit to Dunes City the last
week of August and we look forward to many more visits in the years ahead.
Warm regards,
Mark
Chernaik, Ph.D., J.D.
Eugene, Oregon
Tel: (541) 513-1335
E-mail:
mark@scienceforlawyers.com