Dunes City Council

M I N U T E S

Regular Meeting

October 11, 2007 - 7:00 P.M.

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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 25 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 noted that a quorum was present.

            Councilors joined in the Pledge of Allegiance.

  

   2.      CONSENT AGENDA

            Mayor Meyer stated that the Consent Agenda included acceptance of the Minutes of the September 13, 2007 , Council meeting and approval of the Bills of the Session proposed for payment dated September 14 through October 11, 2007 .

            Mayor Meyer noted that the Bills of the Session totaled $24,891.01.  He reviewed 10 which totaled $1,000 or more.

            Councilor Susie Navetta requested that the Bills of the Session be removed from the Consent Agenda.  Mayor Meyer determined that the Bills of the Session would be considered immediately following action on the Consent Agenda.

            Councilor Bob Petersdorf moved, seconded by Councilor Navetta, that the minutes of the September 13, 2007 , meeting be accepted as submitted.

            Councilor Peter Howison suggested that Sentence 1 of Paragraph 1 on Page 2 the minutes be changed to identify that it was Councilor David Bellemore, not Councilor Richard Koehler who had asked the guest speaker to address the Council, rather than the citizens present.

            Councilor Koehler stated that he had made the request.

            The motion to accept the minutes was adopted unanimously, 6:0.

 

            Councilor Navetta explained that she had asked that approval of the Bills of the Session be removed from the Consent Agenda because she was concerned that the work on the boardwalk on the river for which a bill from Tinker’s General Contracting had been submitted had not been awarded on the basis of a competitive bidding process.

            Councilor Howison asked if the work was not authorized through a competitive bidding process because the funds for its payment were from revenue other than the General Operating Fund.

            City Recorder Joanne Hickey reported that the funds to pay for the work would be from a designated Rural Tourism and Marketing grant.  She said the boardwalk project had been under consideration by the Parks and Recreation Committee for some time, that she had seen the building permit when it had been approved, that she was not aware of the process used to make the award, but that she had assumed proper procedures had been followed when the bill was submitted for payment.

            Councilor Bellemore asked if the fact that the revenue used for the work was a grant put it outside the purview of the Council.

            Councilor John Scott stated that a member of the Parks and Recreation Committee had assumed responsibility for securing bids for the work, but that he was unaware of how many had been secured.  He explained that the contractor was to do framing of the boardwalk and that installing decking was to be done by volunteers.  He said work of the contractor was completed, the material for the decking was on hand, but that the volunteers had not yet completed their work on the project.

            Councilor Petersdorf reported that, in the past, Rural Tourism Marketing Program funded projects were proposed and approved by Lane County .  He said he did not believe bids were required because the estimated cost of the project had been pre-approved and was also included in the annual budget.

            Councilor Howison asked if it was true that Dunes City contracting regulations required a bidding process for projects over $2,000.

            Ms. Hickey said assuming that bids had not been secured for the boardwalk project was a presupposition.

            Councilor Howison moved to postpone payment of the bill for $4,800 submitted by Tinker’s General Contracting until the November City Council meeting when assurance could be provided that proper bidding processes for the work had been followed.

            Councilor Scott said he believed it would be unfair to the contractor submitting the bill to delay its payment for a month.  He suggested that payment be authorized when assurance that a proper bidding process had been followed.

            The motion to withhold payment was not considered because there was no second.

            Planning Secretary Teri Tinker stated that the contractor work on the boardwalk project had been completed by the company owned by her husband.  She explained that a member of the Parks and Recreation Committee had reported that the bid her husband had submitted for the work had been approved.

            Councilor Koehler asked if there was additional contractor work to be done on the project.  Ms. Hickey replied that it was her understanding that the contractor had completed all of the work on the project that had been assigned.  She added that although the lumber for the decking on the boardwalk had been delivered, additional supplies were needed before volunteers could begin their work.  She also added that the funds budgeted for the project was approximately $16,000.

            Councilor Howison moved, seconded by Councilor Petersdorf, to approve the Bills of the Session dated September 14 through October 11, 2007.  The motion was adopted, 5:1, with Councilor Navetta voting no.

 

   3.      RECEIPTS OF THE SESSION

            Mayor Meyer reported that the Receipts of the Session dated September 14 through October 12, 2007 , totaled $24,687.74.  He highlighted five that totaled more than $1,000.

 

   4.      SPECIAL ORDER – Resignation of Mayor

            Mayor Meyer read a prepared statement.  He expressed kudos to citizens for their assistance of neighbors affected by the unavailability of potable water.  He hoped that a better, more responsive plan to deal with such a crisis could be developed in case another algae bloom occurred.  He said the City was not yet through the crisis, but that he had faith that the challenge would be met.

            Mayor Meyer stated that he currently felt helpless and ineffective and that there was no reason for him to continue as Mayor.  He said he believed it was important to know what he did not want to do, as well as to know what he wanted to do.  He said, at that time, he did not want to be Mayor.

            Mayor Meyer said that he did not believe the City was moving totally in the wrong direction, but that he no longer felt he had any chance to provide input or guidance on its future.

            Mayor Meyer stated that the results of the recent election resulted in four councilors not being recalled.  It showed, he said, that they were, once again, the choice of Dunes City voters to provide leadership.

            Mayor Meyer said the Agenda of the current meeting had been dictated by the four councilors not recalled, which made it fitting that he relinquish the office of Mayor and allow them to conduct their collective business.  He explained that the councilors wanted to change the way Council meetings were conducted, identified in the New Business section of the Agenda as “Changes to ensure orderly, efficient, and civil meetings.”  He said he interpreted the implication as his “exit line.”

            Mayor Meyer said he was not a “quitter,” but that he was also not a fool.  He said that if he thought he could make a positive contribution to Dunes City , he would finish his term as Mayor, but that he did not.  He said he had given his best effort, but that it did not appear to have been enough.

            Mayor Meyer expressed appreciation for the chance he had had to serve and wished the Council well.  He gathered his possessions and left the meeting.

            Councilor Howison stated that, as Council President, he would assume the role of meeting chairperson.  He said he had not been told of the intention of Mayor Meyer to resign and had been shocked.

            President Howison said Sheldon Meyer had agreed to serve as Mayor during a difficult time and that he knew it would be hard to provide leadership.  He said he had allowed all who wished to participate, respected everyone, and opened the community to dialogue.

            President Howison said the City had come to a cross roads, moved through difficult times and had become stronger, but was still a divided community.  He said he did not appreciate having to act as chairperson and that it would take discipline for him to be a good presiding officer.  He said he would do his best. 

 

   5.      ANNOUNCEMENTS AND INFORMATIONAL ITEMS

            President Howison read unofficial results of the Recall Election:

                        Total Dunes City Registered Voters:   989

                        Total Ballots Cast:   746 (75.43%)

                        Results:                                                 Yes       No

                              Councilor David Bellemore             359      383

                              Councilor Peter Howison                361      384

                              Councilor Richard Koehler             369      374

                              Councilor Susie Navetta               ``358      384

            President Howison noted that volunteers were needed to serve on the Site Review Committee, as volunteer fire fighters, and to take Community Emergency Response Team training.

 

   6.      PUBLIC COMMENT

            Boudinot Kilgore, 4810 Dier Way, stated that she was a two-year resident of Dunes City  and that her concern was problem solving.  She explained that her years of experience resolving thorny problems as chief negotiator for a school district led her to recommend that members of the City Council receive training in problem solving techniques.  She said training based on Getting to Yes developed by the Harvard Negotiating Project was available locally.  She described the technique as an opportunity to identify shared interests and involve all stakeholders in decision making without animosity.  She said it attacked issues, not individuals.

            Darlene Beckman, 82150 Booth Island , asked that her letter dated October 11, 2007 , be included in the written record of the meeting.  The letter stated that Siltcoos Lake was unjustly labeled toxic and that signs warning of its dangers needed to be corrected.  The letter is attached to these minutes as Appendix A.

 

   7.      REPORTS

            A.  City Attorney

                  City Attorney Gary Darnielle reported that he was waiting for feedback from the Road Commission regarding a letter prepared in response to inquires about proposed street improvement on Fish Mill Drive from the Office of U.S. Representative Peter DeFazio, Lane County Fire Marshall, Oregon Department of Environmental Quality, and Siuslaw Valley Fire and Rescue.  He said it had been delayed by the need to collect a large number of documents.  He agreed that he would share copies of the letters with members of the Council via e-mail.

                  Mr. Darnielle stated that President Howison rightly assumed the role of presiding officer when Mayor Meyer had left the meeting. 

                  President Howison stated that he would continue to preside and assume the roll of Acting Mayor until a process was completed that would select a new Mayor.  He said he would not seek the office of Mayor.  He recommended that applications from persons interested in serving as Mayor be received during the next two weeks, that the Council interview applicants as soon as possible thereafter, and that a new Mayor be selected at the November 8 meeting of the Council

                  President Howison moved, seconded by Councilor Bellemore, that his recommendation for a process to choose the new Mayor be followed.

                  Councilors discussed the motion.  There appeared to be agreement that the process should allow applications to be received for three weeks, instead of two, and that a Special Council meeting should be scheduled for November 1 to interview applicants and possibly make a recommendation for appointment of a person to be sworn in at the November 8 meeting.

                  The motion was adopted unanimously, 6:0

 

            B.  Planning Commission

                  Ms. Tinker referred to Agenda support material entitled “Planning Secretary Workload” and “Permits Report.”  She reviewed highlights of information they contained.

                  Planning Commission President George Burke reported that his work on the transfer of Weir water rights to the City had hit an impasse created by conflicting opinions of the State Water Master and Oregon Fish and Game officials.  He said the authorities would have to resolve their differences before any further action could take place.

                  Mr. Burke reported that Lane County had set September 15 through October 15 as the time when work would take place on a slump on Canary Road .

                  Mr. Burke estimated that less than 1,000 gallons of water had been used of that which had been donated for use by citizens during the algae bloom crisis.  He suggested that the City determine how long the water would remain potable and safe for use.

                  Councilor Scott suggested that the City end its water distribution program.  He said he believed it would be more efficient and cost effective to provide water purchase credits to those who needed assistance.

                  President Howison accepted the suggestion of Councilor Scott as a motion.  Councilor Bellemore said he seconded the motion.  President Howison called for a vote and determined that it was decided unanimously to end the water program at the end of the first month of its operation.

                  President Howison elicited a suggestion that appeared to be accepted that water remaining after the water program ended should be drained into Siltcoos Lake .

                  Mr. Burke stated that since all member positions on the Planning Commission were filled and its staff was in place, he would resign from it and all other committees on which he served in Dunes City .  He said he had unsuccessfully tried to influence actions of the City Council and its treatment of staff for over a year.  He said he could no longer support the actions of the City Council.

                  President Howison said he would not permit personal attacks in a public meeting.

                  Mr. Burke replied that he would no longer allow himself to be humiliated by members of the City Council for his good faith efforts to support Dunes City .

                  President Howison thanked Mr. Burke for his service.

 

            C.  Special Order – Hiring of City Office Assistant

                  President Howison asked if it was true that the Council over-burdened the City Staff.  He also asked if any progress was being made in hiring a new office assistant.  Ms. Hickey replied that she was so overwhelmed at the present time with the Recall Election, water crisis, and with extra work required by the Land Use Board of Appeal action and Writ of Mandamus filed against the City that she was more than two months behind in her regular duties.  She said several applications to fill the vacant Office Assistant position had been received, but that there had been no time to evaluate them or provide training and oversight if such a person was hired.

                  Councilor Bellemore said he believed getting City office staff functional should be a high priority of the City Council.

                  President Howison moved, seconded by Councilor Navetta, to create a Hiring Committee composed of Councilors Koehler and Navetta to review current job applicants, find, interview, and recommend a person to fill the vacant Office Assistant position.

                  Councilor Scott said he had a problem with the motion because he believed Councilors Koehler and Navetta were a source of problems faced by City staff.

                  President Howison stated that Councilor Scott was out of order presenting a personal attack.

                  Councilor Scott suggested that the City staff be asked to evaluate his comment.

                  President Howison stated again that Councilor Scott was out of order.

                  Councilor Petersdorf said he believed the Road Commission should be involved in the hiring of staff since the position would involve working on its issues.

                  President Howison said consideration was not being given to the hiring of a Road Commission Secretary.

                  Councilor Petersdorf said he was interrupted while making his comment.  He said he and Ms. Hickey had previously agreed that the work of the Road Commission would be an element of the responsibilities of the Office Assistant.

                  Ms. Hickey stated that it was her opinion that the Office Assistant position would be most helpful with 60 percent its time assigned to office reception and clerical duties and 40 percent to Road Commission responsibilities.

                  In response to a question from Councilor Bellemore, Ms. Hickey explained that three applications for the City Office Assistant position had been received in the two months that its availability had been advertised.

                  President Howison stated that if the Council wanted the responsibilities of the Office Assistant position to include work for the Road Commission, a representative from the Commission should participate in the hiring process.  He said the Council needed to act rapidly to hire for the position.

                  Councilor Bellemore said it was his understanding that the Mayor (or Acting Mayor) was responsible for City staff and City Office and therefore was ultimately responsible for hiring staff.

                  Councilor Scott said he believed the Council had agreed to give the responsibility for hiring staff to the City Recorder.

                  President Howison said it was clear to him that the City Recorder was over worked.  He stated that the City Council was going to take charge and do something about the issue of City staff proactively.  He stated that the Council was going to help staff get through its difficult time and that therefore there would be a committee to do the hiring.  He said that if such an arrangement was not approved, he would assume the responsibility and do it himself, or assign someone to do it for him.

                  Councilor Petersdorf said it was his understanding that the City Rules of Procedure provided that the Mayor appointed a committee to recommend persons to be hired, but that the Council had to approve final choices.

                  President Howison said he was “sticking with his motion.”

                  Councilor Scott suggested that if the current staff was not involved in the hiring process, it was likely that the City would have no staff.  President Howison said the point was “well taken.”

                  Councilor Petersdorf moved to amend the motion to require that the Road Commission be involved in recommending staff to be hired, if the position was to have Road Commission responsibilities.

                  President Howison said he agreed with the proposal of Councilor Petersdorf and that it would be part of his motion.

                  The motion to form a Hiring Committee proposed by President Howison and amended by Councilor Petersdorf was adopted, 5:1, with Councilor Scott voting no.

                   

            C.  Road Commission

                  Councilor Petersdorf reported that the Road Commission had held its monthly meeting that had been rescheduled to September 3.  He said the change had been given proper public notice.  He said most of the discussion at the meeting had been generated by Councilor Navetta who had been asked to present her point of view about a recent e-mail message in which she raised concerns regarding the honesty of the City Roads Inspector.  He referred to the minutes of the meeting which had been distributed as Council meeting Agenda support material.

                  Councilor Koehler requested that an electronic version of the minutes of the Road Commission meeting be sent to him to post on the City website.  Councilor Petersdorf stated that he would investigate to see if it would be possible.

 

            D.  Conservation Committee

                  Councilor Bellemore stated that the Conservation Committee had no report as he had not been available for most of the month because he had been out of the area on family business and had been ill.

                  Councilor Bellemore reported that an application for a vegetation removal permit had been received, but that investigation had revealed that the intended actions were permitted without a permit.

 

            E.   Site Review Committee

                  Councilor Navetta referred to the September Report of the Site Review Committee distributed as Agenda support material.  She reviewed information it contained about five complaints currently under investigation.

 

            F.   Parks and Recreation Committee

                  Councilor Scott reported that the Parks and Recreation Committee had not met in September.  He said the main project of the Committee was currently the creek overlook adjacent to the City Hall parking lot.  He estimated that work remaining to be done by volunteers would be completed within two weeks.

 

            G.  Community Center Committee

                  President Howison stated that the Community Center Committee had no report.

 

            H.  Water Quality Committee and Communication and Education Committee

                  Councilor Koehler reported that the Water Quality Committee had held meetings in September and October.  He reviewed details of the minutes of the September 6 meeting distributed as Agenda support material and identified topics considered during a subsequent meeting held with representatives of the Oregon Department of Transportation (ODOT).

                  Councilor Koehler stated that a member of the Water Quality Committee had been absent from more meetings than was permitted by its standards.  He asked that the Council replace the member.

                  Councilor Koehler reported that the Communication and Education Committee was working on planning for the Festival of Lights and evaluating the Festival of the Lakes. 

                  Councilor Koehler asked that the Council direct City staff to provide him with electronic versions of documents related to City business as soon as they were available, to enable his posting them on the City website.

                  Councilor Koehler recommended that the City Council receive reports of actions of home owner associations in the area.

                  Councilor Koehler reported that he had learned during a meeting with Lane County Commissioner Bill Fleenor that there were a number of governmental agency stakeholders with established interests in Siltcoos and Woahink lakes.

                  Councilor Koehler moved that the City Council establish a program of inspections of current construction sites, checking for erosion and sedimentation coming from all sources.

                  Councilor Koehler said he hoped that the Road Commission and Planning Commission would assist in the inspections to provide erosion control.

                  President Howison stated that Checking Current Construction Sites for Erosion Control was on the Agenda as Old Business and that he would take up the motion of Councilor Koehler at that time.

                  Councilor Scott asked what had happened to an agreement reached with ODOT the previous year regarding construction of an erosion control barrier along an exposed area adjacent to Highway 101 in the Dunes City area.

                  Councilor Koehler replied that ODOT had been unable to carry out the plan because affected property owners could not agree on the aesthetics of the barrier.  He said the Water Quality Committee was seeking their concurrence in the construction of a “low rise” erosion barrier.

                  Councilor Scott observed that the Siltcoos Lake Association was a private organization and could not be obligated to report on its activities to the City Council as recommended by Councilor Koehler.

                  President Howison said it was his understanding that before the City Web Master could post information from the Siltcoos Lake Association, he needed to know something about the organization.

                  Councilor Koehler said that, as the Web Master, he had an obligation to ensure that reports published by the City were from legitimate sources.

                  An unidentified male member of the audience suggested that discussion of the request of Councilor Koehler regarding the Siltcoos Lake Association would more productive if it was carried out on a personal level between Councilor Koehler and representatives of the organization, rather than as a public confrontation.

                  President Howison said he did not believe it would be inappropriate to provide a link on the City Website to the Siltcoos Lake Association, as it did to other independent organizations.  He suggested that Councilor Koehler was simply asking for information to provide that link.

                  Councilor Koehler said there was a difference between providing a link and posting information.  He said before he could post information he needed to have full background regarding it.

                  In an interaction with Rick Cox, a member of the audience who appeared to have been the member of the Water Quality Committee that Councilor Koehler had requested be replaced, President Howison determined that he had not been informed of meetings, that he had attempted to communicate with Councilor Koehler, and that he wanted to remain as a member. 

                  President Howison stated that the Council would not remove anyone as a member of a committee who wanted to serve, “unless they really are a troublemaker.”

 

                  Councilor Navetta asked why no minutes had been received from recent meetings of the Planning Commission.  Ms. Tinker replied that she had been unable to complete the minutes because of her other responsibilities.  Mr. Darnielle added that the burdens placed on the Planning Secretary as a result of pending litigation had been immense.

 

8.      OLD BUSINES

            A.  Siltcoos Lake Update

                  President Howison requested that Mark Chandler provide an update on water conditions in Siltcoos Lake .  He asked him specifically to address the concern raised by Darlene Beckman in her Public Comment that the water in the lake continued to be identified as “toxic” when a test had shown there were no toxins in the water.

                  Mark Chandler, 4934 Lakeshore Drive, said it was important to take into account that although test results had shown there were no toxins in the sample provided, the variety of algae bloom currently being experienced in Siltcoos Lake had been known to produce toxins under certain environmental conditions.  He said the $700 expense to the City for the test had to be considered when the Council decided whether a second test should be done.

                  President Howison stated that the State could lift the health hazard warning, but that it had chosen not to do so.

                  Councilor Bellemore asked why if the State controlled use of the water in Siltcoos Lake , it did not conduct tests to show if it contained toxins.

                  Mr. Chandler stated that even though the test had shown that there were no toxins resent in the bacteria in the water, his own visual assessment of the lake showed that the algae bloom continued to be significant.

                  Councilor Scott asked if the water sampling location site had recently been changed to one where the algae bloom was most concentrated.

                  President Howison said he believed it was best always to do “worst case sampling.”  He suggested that the water used in the first test might have given a false reading.

                  President Howison said he believed there was a need to form a committee to assess if the testing of lake water was being done appropriately and to establish protocols for dealing with any future algae blooms.  He suggested that the committee should develop processes for making recommendations to citizens in the face of State “cautionary” warnings.

                  Councilor Bellemore said he did not believe the City should have to pay for tests of lake water for which the State had responsibility.  He added that it was his understanding that, with the designation of its water as “impaired,” Siltcoos Lake was under the auspices of the U.S. Environmental Protection Agency which had authority to establish standards for the entire water shed.

                  Councilor Navetta said she believed the City should work in concert with Lane County , Douglas County , the Forest Service, and other government agencies bordering Siltcoos Lake .

                  Ms. Hickey reported that she had had conversations with authorities who suggested that it would be important to have additional tests made of Siltcoos Lake water.

                  Ms. Hickey said her primary concern was the “message” she was able to give to concerned citizens who regularly called the City Hall for information.  She said many were expressing opinions that the City was “dragging its feet” and that they were distressed about not being able to use their home water systems.  She said some were becoming angry.  She requested that the Council authorize preparation of an updated statement of the status of the water hazard problem to be released to the media and placed on the City Website and telephone message phone.

                  President Howison said he “felt the pain” of citizens.  He requested that Mr. Chandler join him in preparing an update of the message disseminated to the public.  He said the State could lift its ban on use of Siltcoos Lake water in as little as one week after it was established as being safe.  He also said the City was not required to say anything about the situation since the ban was established by the State and that it could only be lifted by the State.

                  Councilor Scott said he had learned that toxin-bearing bacteria grew mostly in the upper strata of bodies of water.  He suggested that since most users of Siltcoos Lake water drew their supplies from depths of approximately eight feet, there might be value in testing water samples from that depth.

                  President Howison said the State warning was about contact with water, but local residents were most concerned about the consumption of water from lower strata than was infested with Blue-Green Algae, and that the issues were two different questions.  He added that there were no protocols for depth testing as suggested by Councilor Scott.  He suggested that the City might soon have to “bite the bullet” and say that use of Siltcoos Lake water was O.K. when the State lifted its ban.

                  Councilor Scott reported that long-time residents in the area were familiar with algae blooms and considered them a cyclical and regular event.  He said identifying the issue as a special concern would ensure that it remained an on-going problem.

                  President Howison described medical issues that could be caused by chronic exposure to water toxins.

                  President Howison suggested that a committee be formed to study Blue-Green Algae blooms, make recommendations on how the City could improve its response to the issues it raised, and recommend protocols to guide the way the City dealt with the problem.

                  Councilor Scott asked if there was merit in contracting with professional services regarding algae blooms.  He said he believed doing so would relieve individual citizens and the City from potential liabilities.  He suggested that the subject was beyond the capabilities of citizens, staff, and Council.

                  President Howison said the effects of algae blooms were well known and the City had already expended a great deal for educating and analyzing the problem.  He said the services of an expert in the field from Ashland was available at the cost of $2,500 for a consultation.

                  President Howison said the City needed to be careful and smart in dealing with the problem of algae in water used by citizens.  He noted that most residents affected by the problem lived outside of Dunes City .  He suggested it could be important for the City to delegate its responsibilities to others.

                  Councilor Koehler said he was concerned that the Council was not giving the State “enough of a call” for the expenses incurred by the City in dealing with the algae bloom problem in Siltcoos Lake .  He suggested that reversing that tendency should be a priority of the committee recommended by President Howison.

                  President Howison asked for an explanation of a grant application that was about to be submitted.  Mr. Chandler replied that it was similar to the Oregon Department of Environmental Quality (DEQ) grant had been applied for the previous year.  He said that application had not been approved because too much had been requested.

 

                  Councilor Bellemore raised a point of order.  He said a motion had been made by President Howison and should be voted upon before another topic was considered.  President Howison said his motion had not been seconded and did not need to be discussed.

                  Councilor Bellemore said he was willing to second the motion.

                  On the request of Councilor Navetta, President Howison read his motion, as follows:

                  . . . to create a committee to study how we responded during the toxic Blue-Green Algae bloom in Siltcoos Lake, how we can improve our response efforts, and what guidelines or protocol can be developed for the future.

                  President Howison said he believed Brett Feingold, Mark Chandler, Steve Hager, and Susie Navetta would be interested in serving on the committee.

                  Councilor Bellemore said he supported the formation of such a committee, if staff support could be provided.

                  Mr. Darnielle explained that the Dunes City Charter stipulated that the Mayor appointed members of committees.

                  President Howison said he appointed the members he had named.  He added that Councilor Scott would also be appointed when he determined that he was also interested in serving.

                  The motion of President Howison, seconded by Councilor Bellemore, to form a committee to study City responses to algae bloom in Siltcoos Lake was adopted unanimously, 6:0.

                 

                  Mr. Chandler continued his report on the application for a DEQ grant.  He described the work the grant would support.  He explained that the application was being reviewed before being submitted.  He said 60 percent of the grant was to be provided by the State and 40 percent was matching money provided by the City.

                  President Howison requested that the budget impacts of the application needed to be studied to determined and what resources the City was able to commit to the project decided before it was submitted.  He said the application would be considered at the November Council meeting, allowing time for it to be submitted by its deadline.

 

                  President Howison asked if the questions raised by Ms. Beckman in the Public Comment Period had been answered.  He also asked if the Council felt comfortable removing the signs posted at Siltcoos Lake stating that its water was toxic because the water test had shown that there were no toxic substances in the water, even though Blue Green Algae was known to produce toxins.

                  Councilor Bellemore said he believed the decision to remove the signs should be made by the State.

                  President Howison replied that the signs warning of water toxicity had been prepared and posted by the City.

                  President Howison asked if the Council was more worried about people being scared away from Siltcoos Lake because of signs, or more afraid that someone could be harmed by having contact with the water.

                  President Howison said a decision about whether to remove the signs was a difficult one, but that it was one the Council needed to make.  He addressed a member of the audience and said more testimony about the issue was not needed because the Council was well aware of the argument supporting their removal.

                  Councilor Koehler said he believed it was important that the Council err with as much caution as it could.  He stated that the toxic warning signs had been approved by the Mayor after an emergency meeting he had held with him and that he had assumed responsibility for their posting.  He said it was his intention to work with the State because some people did not like them and had removed them.

                  President Howison said he agreed with Councilor Koehler that it would be important to wait for authorization from the State to remove the signs.

                   Councilor Scott suggested that the message on the signs be changed to read, “There is a Blue-Green Algae alert in effect.  Avoid drinking and contact with the water.”

                  A voice from the audience suggests that the current signs were “false advertising.”

                  President Howison expressed appreciation for the comment and ruled it out of order.

                  Councilor Bellemore said he believed it was important to consider the weight of the evidence in the matter of the signs.  He said only one test had shown there were no toxins in the water, but the State was saying that there was Blue-Green Algae in Siltcoos Lake and that it was known to be toxic.

                  Councilor Navetta suggested that the Council could vote “to please all these people” and say “the water is good, go ahead and drink it,” but that that was not the reality of the situation.

                  President Howison said he believed it was misleading to cross out the word “toxic” on the signs.  He said he would prefer to take the signs down than cross out a word.

                  Councilor Scott said there was no documentation about human health hazards from Blue-Green Algae, just a potential.

                  President Howison replied that there were unknown long-term risks.

                  Councilor Scott said there was no evidence of such risks.

                  President Howison said that 63 people had died in Chile , but that they were all undergoing kidney dialysis treatment.  He asked if there were any elderly persons in Dunes City who faced such medical treatment.

                  President ruled the conversation out of order.  He said speakers needed to be recognized by the chair.  He said he expected the City Council to ask to be recognized, not just “talk back and forth.”

                  Councilor Navetta said she was not willing to take the signs down or change them in any way.

                  Councilor Scott said he believed the signs should be removed.

                  President Howison began to make a comment, but ruled himself out of order for speaking out of turn.

                  Councilor Bellemore said he did not believe the State was concerned about Dunes City drinking water, only contact with the water in the lake.  He said the City could be concerned about drinking water, but not order its citizens not to drink it.  He said the signs might overstate the problem, but that he was more willing to overstate than to understate a problem.

                  Councilor Navetta said that she believed the “first rule” for city government was safety.  She said that if a city could not protect the public, it was not doing a good job.

                  Councilor Scott said that to say that the water was toxic was a lie.

                  President Howison said the water was made toxic by the Blue-Green Algae.

                  Councilor Scott said Blue-Green Algae was always present in the lake.

                  President Howison said that it could be toxic.

                  President Howison asked if there was motion to be made about the issue.  He said it did not have to be resolved.

                  Councilor Scott moved, seconded by Councilor Petersdorf, to remove the signs placed by the City warning that the water of Siltcoos Lake was toxic. 

                  Councilor Bellemore asked if further discussion of the motion would be permitted.

                  President Howison said the Council has already discussed the motion and said he “called the question,” assuming that it forced a vote on the motion.

                  The motion was defeated, 2:3:1, with Councilors Scott and Petersdorf voting yes, and President Howison abstaining from voting.

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B. Circumstances of Claimed Violation Resulting in a Writ of Mandamus

                  Ralph Farnsworth, 8337 Highway 101, and John Stead, 83505 South Cove Way, stated that a report of an analysis they had prepared of the Writ of Mandamus filed against the City by MJK, LLC, and Darren Kronberger and given to the Council at its September meeting had contained minor errors.  They distributed copies of a document they said was an erratum with corrections.

                  Mr. Farnsworth read an excerpt from the report.  He said he assumed the entire report would become part of the public record of the meeting.  He explained that their investigation had concentrated on the process followed by the City regarding the submission of the Little Woahink Planned Unit Development application by the plaintiffs.

                  Mr. Stead described the application process and explained that when it was “deemed complete” by the City, timing of the 120-day deadline for the City to approve or deny it began.  He said some confusion existed because of differences between relevant ordinances in effect when the process was started and changes that were made before the Writ of Mandamus was filed.

                  Mr. Stead said the investigation and report had been guided by the City Attorney, review of the files of the current Planning Secretary and previous planners provided through contract with the Lane Council of Governments, and the records and minutes of Council and Planning Commission meetings.

                  Mr. Stead said the pertinent facts regarding the 120-day limit made up the bulk of their report.  He said they had found it unclear as to “who should have done what when.”

                  Mr. Darnielle explained that the settlement of the Writ in Circuit Court had been to enforce the approval of the application previously given of the Planned Unit Development by the Council.

                  Mr. Darnielle explained that the suggestion in the report that the corporation filing the Writ did not exist raised questions.  He said the legal permission to use the corporate name had lapsed, but that it had not been judged to be a procedural error by the court because it was not a part of the substance of the application.

                  Mr. Stead reviewed recommendations of their report.  He emphasized the importance of having every City action taken in regard to land use applications being documented in writing – requirements of applicants, statements of what was missing from applications, whether it was deemed incomplete, if the file remained open, etc.  He explained that once a file was considered closed, it was not re-opened for the convenience of the applicant.  He said the City had been “too nice” in its handling of the application.

                  Mr. Farnsworth said the report also suggested that the City had been taken advantage of in the application process. 

                  Mr. Darnielle explained that there was a difference between having an application complete and having the record closed on an application.  He said completeness was determined when an applicant had submitted the minimum amount of information required to “get its foot in the door.”

                  Mr. Stead said the report held that when an application was deemed complete by the City, the 120-day deadline for City action began.  He said it was assumed that when an applicant wished to add more information to an application, the “clock stopped” and did not restart until the City again closed the record.

                  President Howison asked if the 120-day deadline applied to the subdivision application or to an application for a Planned Unit Development also submitted.

                  Mr. Darnielle explained that the applications were combined because one was required for the other to be valid.  He added that the only time progress toward a 120-day deadline was halted was if the applicant asked for additional time.  He said it did not stop if the applicant was required to respond to requirements of the City Council.

                  Mr. Stead said City use of terms related to deeming the application complete had been confusing.  He said the report suggested that a procedure should be developed for the Planning Commission officially to designate an application complete on the recommendation of staff, because not providing the “double check” placed undue responsibility on the Planning Secretary.

                  President Howison asked if the Council could establish such a procedure through a policy decision, or if it required having it incorporated into the City Code.

                  Mr. Darnielle replied that the Council had authority to enact such a procedure as a policy, but that it would be wise to incorporate it into the Code at a later time, if it proved to be a helpful tool.  Mr. Farnsworth added that the report referred to models existing in the codes of other cities.

                  Mr. Stead said the basic recommendation of the report was for process and procedural integrity.  He suggested that a well thought out procedure for approving land use applications could avoid a repeat of the Writ of Mandamus action and streamline the process for everyone involved.

                  President Howison suggested that the Council discuss the recommendations of the report and determine if it was ready to accept them as the basis for guidelines for  processing land use applications.

                  Councilor Bellemore asked if any of the recommendations would be questioned by the State of Oregon .  Mr. Darnielle said he did not believe they conflicted with any established rules or ordinances.  He said that, except for timeframes, local jurisdictions had control over the procedures it used in land use matters.  He added that the recommendations were mostly to establish internal checks for Dunes City ,

                  Mr. Stead distributed copies of a document entitled “An Introductory Guide to Land Use Planning for Small Cities and Counties in Oregon” produced by the Oregon Department of Land Conservation and Development.  He suggested that Councilors study information it contained before they took any action on recommendations of the report.

                  President Howison said that the topic would be placed on the agenda of the November Council meeting.

                  Councilor Koehler asked if the distributed document was “worthy” of having it accessible to the community on the City website.  Mr. Stead replied that the document was on the Oregon website and that Councilor Koehler could decide if it should be posted locally.

 

            C.  Final Plat – Clearwater Cover Subdivision

                  Ms. Tinker stated that the Planning Commission had determined that the application for the Clearwater Cover preliminary subdivision plan (SUB-02-06) met requirements of the Dunes City Development Code for approval with 17 identified conditions.  She referred to a packet of material entitled “ Clearwater Cover Way – Final Conditions for Approval” and noted that the applicant was present and available to answer questions raised by the Council.

                  Councilors raised questions about completion of conditions regarding erosion control seeding, water lines, and prohibition of future lot subdivision.  The applicants responded to the satisfaction of Councilors.  Councilors Scott and Bellemore expressed appreciation for the success of the developers in meeting the conditions set.

                  Councilor Scott moved, seconded by Councilor Petersdorf, to approve the final plan of the Clearwater Cover Subdivision on Tax Lot 19-12-10-806.  The motion was adopted unanimously, 6:0.

 

                  President Howison declared that the meeting would be in recess for five minutes.

 

            D.  Checking Current Construction Sites for Erosion Control

                  President Howison reconvened the meeting and stated that there had been a request to adjust the Agenda to consider the item Checking Current Construction Sites for Erosion Control before taking action on Ordinances 196 and 197.

                  Councilor Koehler he had been thwarted in an attempt to make a motion at the September meeting of the Council by Councilor Petersdorf and that he could do so under the current Agenda item.

                  Councilor Koehler moved, seconded by Councilor Navetta, that the Planning Commission, Road Commission and any volunteers in the City look into the erosion and sediment problems potential on property currently being developed and ask those people responsible to take steps to halt as much phosphorus by way of sediments due to our (undecipherable). (sic)

                  Councilor Petersdorf stated that the Road Commission had been conducting inspections of potential erosion and sediment problems related to driveways and roads for many years.

                  Councilor Scott stated that erosion control planning and inspection was also part of the work of the City Building Inspector.

                  Councilor Bellemore asked if the motion was intended to encourage citizens to go on construction sites to redo inspections than were already taking place.

                  Councilor Koehler said it was his intention to encourage such action, if it were permitted.  He said he might not be “into the total legality” of it, but that he considered that the coming rains would create sedimentation problems like in 2006 when road construction caused a major “dump” of phosphorus into area lakes and created a potential problem.

                  Councilor Scott asked where the sedimentation referred to by Councilor Koehler had occurred.

                  President Howison said that Councilor Scott was out of order.

                  Councilor Koehler said he was simply trying to create a possible intervention to prevent problems from occurring.

                  Councilor Bellemore suggested that inspections such as suggested by the motion could be carried out by observations of water turbidity by citizens in boats.  He said if the observations were documented, they could be valuable.

                  President Howison said he believed Councilor Kohler was attempting to create a proactive way to avoid erosion.

                  Mr. Darnielle said he believed the recently enacted Ordinance #193 regarding erosion control included provisions for such inspections.

                  Councilor Scott said he was concerned that the motion could encourage citizens to trespass on private property.  He also said that road erosion identified by Councilor Koehler had never been verified in several inspections that he and Councilor Petersdorf had conducted at the time.

                  President Howison said he believed it was important to focus attention on the future, not what had or had not happened in the past.

                  Ms. Tinker explained that the Building Inspector reviewed erosion control plans and their implementation as part of his regular duties.  She said he also investigated problems that were discovered at random or were reported by citizens.

 

                  Councilor Bellemore raised a point of order, saying that a citizen was holding a discussion with the City Attorney.

                  President Howison requested that the citizen refrain from talking to the City Attorney.  He said the Attorney was present to advise the Council.

                  The citizen made an undecipherable comment.

                  President Howison said the comment was out of order.

                  The citizen made another comment.

                  President Howison stated that any more outbursts would make that the citizen not be welcomed at the meeting.

 

                  Councilor Navetta asked if the motion made by Councilor Koehler was referring only to new construction, or also to old construction.

                  Councilor Koehler said there were two major issues he wanted to address in the motion:  the possibility of a clear cut timber harvest which would guarantee “siltation,” and erosion caused during road construction.  He said there were many locations where “pounds of phosphorus” would end up in nearby lakes.  He said he was trying to say, “Isn’t it possible that we could go about this in a proactive manner, rather than saying ‘Look at all of this muddy water.  Ho. Ho.’”

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President Howison suggested that a resolution encouraging, or reminding the City Building Inspector that it would be a good time to check on potential erosion issues would accomplish the intent of the motion.

                  Ms. Tinker explained that the City Building Inspector regularly evaluated erosion on all construction projects.  She said the City would never know if a clear cut timber harvest was taking place unless a permit was secured for work within the City limits.  She said the City was aware of all open ground created by building and road projects, unless work was done without a permit.  She added that the Building Inspector was one of few who had legal authority to go on private property to conduct inspections.

                  President Howison suggested that it might be most effective to ask the Building Inspector how it was going, to give him a call and say that the Council was concerned about erosion.

                  Ms. Tinker said the Building Inspector was in Dunes City two days a week.  She described her interactions with him regarding inspections to be conducted and plans being developed for new projects.  She said he regularly followed up on concerns that she reported to him.

                  Councilor Bellemore said he “called the question.”

                  President Howison said that such a statement did not mean that the Council had to vote immediately on the issue before it.  He said in proper parliamentary procedure if a member wished to vote on an issue, whether to vote was put to a vote, ensuring that a majority agreed with the request to vote without further discussion.

                  Councilor Bellemore said he favored an immediate vote on the issue, unless further consideration of it was postponed until the next meeting.

                  President Howison determined through a straw vote that a majority of members appeared to wished to vote on the motion.  He said he preferred to continue with his effort to achieve a compromise amendment of the motion in which the Planning Secretary was asked to relay a concern of the Council regarding erosion control to the City Building Inspector.

                  Councilor Scott suggested that a simple instruction to Ms. Tinker would be as effective as adopting a motion directing her to do so.

                  Councilor Koehler said he withdrew his motion directing designated commissions and citizens to conduct inspections of sites of potential erosion.  Councilor Navetta said she also withdrew her second of the motion.

                  President Howison said he encouraged Councilor Koehler to personally discuss his concerns about erosion and sedimentation with the City Building Inspector.

                  Ms. Tinker explained that the City would be required to pay for any inspection of potential erosion, if no building permits were issued in connection with the site.  She said that it was normal for the Inspector to be involved with all aspects of construction, including grading and septic systems.

 

   9.      PUBLIC HEARING

            President Howison announced that the time set for the Council to conduct a Public Hearing had arrived.  He said consideration would be given to an application for a Building Code variance submitted by Rodney May for construction on Tax Lot 19-12-14-10-4501, 5568 Woahink Drive (VAR 03-07). 

            President Howison reviewed the rights of the applicant in the hearing contained in Oregon statutes and regulations.  He reviewed the hearing procedures.  He determined that no Councilor felt they had a conflict of interest or had engaged in inappropriate ex parte discussion with parties involved and that no member of the audience challenged their stated impartiality.   He opened the Public Hearing.

            Ms. Tinker referred to the Staff Report regarding the application.  She reviewed its statement of the request.  She noted that no agency comments had been received about the application and read statements submitted by neighbors of the property.  She said Staff recommended that the Council deny the application.

            Ms. Tinker referred to the proposed Final Order regarding the variance application.  She read the criteria for granting variances that elicited responses.  She reviewed its conclusion that the application did not meet the requirements of the Development Code.

            President Howison invited the applicant to present testimony.

            Dale Burdett, 5568 Woahink Drive , stated that she was the authorized representative of the property owner, Rodney May.  She said she was also the occupant of the property and sole worker on the project in question.  She explained that she would prefer to make her statement following presentations of the public.

            President Howison determined that there was no one present wishing to testify in support of or in opposition to the application.

            Ms. Burdett said she was confused about what was appropriate to present in support of the variance application, because she had not been successful in her presentation before the Planning Commission, because it had recommended that the application be denied.  She read a statement in which she contradicted the finding of the proposed Final Order that alternative design and construction of the project would not create undue hardship.

            Ms. Burdett presented an extensive review of her work on the project, explaining that faulty construction by the previous owner of the home had created the need for the repair work.  She said she had decided to extend the project to include installing permanent walls to improve its utility and value based on advice that no building permit was needed.  She described details of the work, disagreements with a neighbor, and the experiences of applying for permits.

            Ms. Burdett displayed pictures of many elements of the project, including construction details, property line location, property survey results, and engineering issues.  She stated that relocation of the deck would create a hardship and eliminate its intended benefit.  She contended that an objecting neighbor had been mistaken about work continuing on the project and noted that only one of all of the neighbors objected to the project.  She said she had shown that the privacy of the home of the complaining neighbor would not be invaded and that the home of that neighbor was, in fact located within its setback requirement.

            President Howison thanked Ms. Burdett for her presentation, closed the Public Hearing, and invited Councilors to deliberate.

            Councilor Petersdorf stated that he believed the only question the Council needed to consider was whether the deck being enclosed was legal.  He said that without building permits, all the other testimony present was irrelevant.  He said he concluded that the deck needed to either be torn out and relocated or, in some other way, rebuilt to meet setback requirements.  He said infringements of setback requirements or other illegal construction by neighbors had no bearing on the application.  He said the City had to enforce its criteria and that he did not believe his conclusion would create a hardship for the applicant.

            Councilor Scott said he agreed that the project was illegal and that he believed the Council should follow the recommendation of the Planning Commission and deny the application.

            Councilor Navetta said she also agreed.

            Councilor Bellemore said he had sympathy for Ms. Burdette, but that he believed that if the Council did not enforce City rules, there should be no rules.

            President Howison asked if granting a variance was not a decision to “forgive the rules.”

            Councilor Petersdorf said that granting a variance was “bending the rules” because certain criteria were met.

            Councilor Koehler suggested that, in light of new information presented about the location of the property line and the possibility of “shaving off” less than a foot from the construction project, additional consideration could be given to approving the application.

            President Howison commented that the Council had recently approved a variance for a half of a home being located in the riparian zone.

            Councilor Navetta said she needed to learn what the foundation of the structure was.  She said that if it was not made of cement, the deck could not be enclosed.

            Ms. Burdett explained that the engineering report she had submitted said that only slight modifications to lateral supports of the deck were required to make it legally enclosed.

            Councilor Navetta said she believed variances should be given out very infrequently.

            Councilor Bellemore moved, seconded by Councilor Navetta, to deny the application for VAR 03-07 on Property Tax Lot 19-12-14-10-4501, 5568 Woahink Drive, the Council having considered the evidence presented for the proposal as well as against the proposal, and finding that the weight of the evidence supported denial of the application, based on the draft Findings of Fact and Conditions of Approval adopted by reference in this decision.  The motion was adopted unanimously, 6:0.

 

10.      NEW BUSINESS

            A.  City Legal Services Options

                  President Howison stated that the City’s need for legal services was moving beyond the limits imposed by its contract with Lane Council of Governments.  He suggested that the Council consider other options.  He proposed that a committee be formed to study options available.  He reported that he had learned that Ralph Farnsworth and Eric Hauptman were interested in serving on such a committee.  He said he would also welcome any City Councilors on the committee.

                  Councilors Petersdorf and Scott volunteered to serve on such a committee.  President Howison said that he also would serve.

                  President Howison moved, seconded by Councilor Scott to create a Search Committee for the City’s Legal Services, which would conduct interviews, make recommendations to the City Council, and include Ralph Farnsworth, Eric Hauptman, Peter Howison, Bob Petersdorf, and John Scott as members.  The motion was adopted unanimously, 6:0.

                  Councilor Petersdorf stated that he had been an observer of legal services provided to the City for forty years and that he believed Mr. Darnielle had saved the City thousands of dollars.  He said he did not believe there was another attorney in the market place that would do as capable a job.  He said it was his experience in interviewing candidates in the past that there was little interest in the job.

                  President Howison said he agreed, but pointed out that no decisions were being made because the purpose of the Committee was to see what options were available, including those dictated by financial and budgetary considerations.  He said he believed the Council needed to be thinking about the issue.

                  Mr. Darnielle recommended that the Committee forecast the legal needs of the City, such as experience in employment law, land use law, and other relevant disciplines.  He said it would be important to investigate law firms with different individuals that specialized in needed services.

 

            B.  Changes to Ensure Orderly, Efficient and Civil Meetings

                  President Howison said he wanted to impress on the City Council that it was important to follow parliamentary procedure in conducting its meetings.  He read a section of Roberts Rules of Order related to closing of debate.  He explained that a motion calling for a vote the pending question was not automatic because a two-thirds majority vote to approve the motion was required.  He read that the appropriate wording for the motion was “I move the previous question” and that it took precedence over other actions.  He said cutting off debate prematurely was an infringement on the right of a member to speak.

                  Mr. Darnielle recommended that staff be directed to look for an easily understood version of Roberts Rules of Order.  He said if it was the intent to conduct meetings in the orderly way it described; each member should have a copy.

                  President Howison said for order to be maintained in council meetings, it was important that members ask to be recognized before they speak.  He stated that he was not going to allow personal attacks when he presided because it was important that members respect one another.

                  Councilor Navetta said she would like to have the “three minute rule” enforced at meetings.  She said that meant that when persons who speak hear the timing bell, they should have the courtesy to leave without being “thrown out of the chair.”

                  President Howison made the following motion:  Understanding how important it is to improve the work and efficiency of the City Council, I move that all public testimony be restrained to no more than three minutes, effective immediately and at all subsequent meetings, unless the limit is specifically extended by the Council.

                  Councilor Petersdorf suggested that another way that the length of Council meetings could be shortened was to limit the contributions of the Mayor.  He said the major purpose of the Mayor was to direct Council meeting and to keep them going, not “putting his view point out there for a half an hour.”

                  President Howison said such a restraint would not apply to him because, as President of the Council, he was allowed to make and second motions and involve himself in debate.

                  President Howison asked if there was a Councilor who would second his motion.

                  Councilor Scott said the “three-minute rule” already existed.

                  President Howison said such comments were already violating the spirit of the Agenda item under consideration.  He said it should be taken seriously and that he did not consider “making fun of someone” part of having a civil organization.

                  Councilor Petersdorf said he would like to respond.

                  President Howison said that Councilor Petersdorf needed to ask to be recognized and commented that Dunes City had become a “laughing stock.”

                  Councilor Petersdorf said he believed that if citizens were expected to limit presentations to three minutes, Councilors should also limit their comments to three minutes.  He suggested that it was as inappropriate for Councilors to take over meetings by talking endlessly, as it was for citizens to do so.

                  President Howison said it would be important to “educate” the new Mayor on such practices.

                  Councilor Scott said the “three minute rule” included on pubic testimony sign-up sheets and on the meeting Agenda and should be enforced.  He also said he agreed with Councilor Petersdorf and believed that Councilors should also limit their contributions except in unusual circumstances.  He suggested that there was very little that needed to be said that should take more than three minutes.

                  Mr. Darnielle said the “three minute rule” was officially established only for quasi-judicial hearings.

                  President Howison said he believed the point had been made that it was in the best interest of the Council to keep public contributions to the agreed upon time limit.  He said that if the Council wanted to keep listening to someone, the presenter had to stop at the end of the agreed upon time and be given permission to continue.

                  Councilor Bellemore said that he agreed with the positions of Councilors Petersdorf and Scott that Council meetings needed to be more efficient and shorter.  He suggested that a way to accomplish that goal was for Councilors not to ramble on about unnecessary things.  He said that he objected to limiting contributions of Councilors to three minutes because the purpose of having Council meetings was to conduct the business of the City in front of the public and that in order to do so, Councilors needed to be able to state their positions.

                  Councilor Koehler said he agreed with the points being made.

                  President Howison stated that Councilor Koehler was out of order because he had not been recognized to speak.

                  Councilor Koehler said he agreed that enforcing the three-minute rule would speed up Council meetings and that presenters could ensure that they would stay within the limit by reading through of their testimony in advance.  He also said that some people were not “overly active on the verbs,” but that they need more information to be available.  He said he did not think he could be limited to three minutes on some subjects, especially his report, which included one major committee.

                  Ms. Hickey said public testimony sign-up sheets stated that unfinished discussion of topics presented could be re-scheduled under the new business Agenda section of a subsequent Council meeting, but that the practice had never been followed in her five years of working as City Recorder.  She said she believed it would be a good practice to begin.

                  President Howison said that the Council also had the authority to extend the time allowed for consideration of any item it wished.

                  Ms. Tinker suggested that another effective way to shorting meeting times would be to have presenters give copies of their intended testimony to be made available to Councilors in advance of meetings.

                  President Howison said the Council had to do a better job of having civil, efficient, orderly meetings and that it needed to have the help of citizens to bring that about.

                  Councilor Petersdorf said another good suggestion was for Councilors to study Agenda support material when it was received and to ask staff to clarify matters that were not completely understood in advance, rather than waiting to ask questions at meetings.

                  President Howison said he believed the Council had come to an understanding of how to improve its meetings without holding a vote on his motion.

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C. Budget Reporting Methods

                  President Howison said Budget Reporting Methods were under consideration because of a concern that Councilors did not have as good an understanding of the City Budget as they should.  He said he believed expenses related to the recent Blue-Green Algae bloom and unanticipated legal expenses were the biggest fiscal challenges the City had faced in many years.  He said more information was needed for the Council to fulfill its responsibilities.

                  Councilor Koehler moved, seconded by Councilor Navetta, that in order to fully understand the City’s Budget and plans for additional staff, the City Recorder is instructed to provide the following one week prior to the next meetings of the City Council:  (1) a monthly receipt and disbursement schedule by line item; (2) a monthly printout of the City check register for each fund; (3) a report of legal expenses for the year to date; and (4) a report of staff expenses broken down by position, including, but not limited to, salary, payments to Social Security, disability insurance, employee benefits, and other staff expenses.

                  President Howison said he did not believe the request was as onerous as it might appear.

                  Councilor Scott suggested if the instruction were to be successful, report formats should be set up professionally by a Certified Public Accountant or someone knowledgeable about municipal financing.  He said the reports should be integrated with the requirements of the annual audit.

                  President Howison said he believed the request for a monthly financial report was fairly simple and would not require professional assistance to create.

                  Ms. Hickey stated that a financial report was prepared each month.  She said the statement was nearly identical to that used in the City of Florence , without its report of the percentage of the budget expended to date.  She said preparing the report asked for in the motion would require time that was not available because of the burdens of other ongoing work. 

                  Ms. Hickey said the information requested about the City check book record was a duplicate of what would be in a monthly financial statement.  She said the register was available to all with a right to see it, including members of the City Council.  She said copying the detailed reports would be time consuming and would increase the size of the already-too-large packets of meeting information prepared for Councilors.

                  President Howison asked if the City financial records were recently audited.

                  Ms. Hickey replied that they were audited at the end of each fiscal year.  She explained that the most recent audit process had begun in September.

                  President Howison asked for a description of how the auditing process worked.

                  Ms. Hickey explained that the auditor reviewed the checkbook register, bank statements, approximately 60-70 checks chosen at random, receipts for expenses, and minutes of meetings that recorded financial actions taken.  She said they checked to ensure that every resolution had been carried out and that every transfer between funds was approved by the City Council.  She said the process normally took from three to four months and that audits for the last 20 years were available.

                  President Howison asked if the Council received a report of the audit.  Ms. Hickey replied that councilors received and approved the audit every year.

                  President Howison suggested that the reports requested in the motion be provided for at least one month, to give the Council a sense of what monthly expenses were.  He said he did not believe Councilors fully understood the process.

                  Councilor Koehler asked if the Council request made in June to receive a receipts and disbursements report had been fulfilled. 

                  Ms. Hickey said asked if Councilor Koehler was referring to the annual audit report.

                  Councilor Koehler said that he recalled the Budget Committee had suggested that such a report would be a good idea.  He asked if a receipts and disbursements report was included in the annual audit.

                  Ms. Hickey said she was confused by what was being requested.

                  Councilor Koehler said he would “stand on” the requests of the motion.

                  Councilor Scott said the annual audit had nothing to do with month-to-month financial statements.  He pointed out that the audit was an annual report and was required by law.

                  Councilor Koehler suggested that the audit report could include a receipts and disbursements section.

                  Ms. Hickey stated that receipts and disbursements were one element of the audit.  She said the report of the auditor regularly was a 75 page document that was available for all to study.

                  Councilor Koehler said he believed it was important for he whole Council to be apprised of the financial condition of the City.  He said the best way for the Council to become informed about it was to have check registers available because they recorded receipts and expenditures.  He said the “meaning behind his motion” was to allow the Council to be “well apprised” of where money was going and from where it is coming.

                  Ms. Hickey said the financial statement she prepared monthly was ten pages long.  She explained that it showed every deposit, everything that comes in and everything that goes out broken down by budget category.  She said that the checkbook register did not provide that type of information.

                  President Howison said that the Council would need a month or two of the requested reports to be able to understand City finances.

                  Councilor Bellemore said that it appeared to him that three of the four reports requested in the motion were already done and that it would not create an undue burden to have copies of them made for Councilors.

                  President Howison said that a decision would need to be made about whether cumulative elements of the reports requested would be based on the calendar or fiscal year.

                  Mr. Darnielle explained that he made a monthly submission of the breakdown of his legal expenses, but that there were numerous other legal expenses incurred by the City.

                  President Howison said he believed the expense report of Mr. Darnielle should be included with the reports requested.

                  Ms. Hickey explained that a difficulty in creating a financial report by funds was that the City only used one checkbook that did not differentiate between funds.  She said the information was available elsewhere.

                  Ms. Hickey explained that receipts and disbursements were already provided in the monthly “Bills of the Session” and “Receipts of the Session.”  She said the reports did not include matters related to staff salaries, benefits and withholding.  She said there was nothing secret about the records, just that those matters were complicated by legal requirements and other factors.  She suggested that the reports in the motion could significantly increase the expense of reproducing material for Council meetings.  secret about the records,  She suggested.

                  Councilor Bellemore said that he believed if Ms. Hickey was willing to educate the Council about City financial matters, the requirement of the motion to begin additional financial reports in November should be postponed until after the position of Office Assistant was filled.

                  Councilor Scott said he believed that, in the short run, the suggestion of Ms. Hickey to have detailed reports available for review at City Hall should be followed. 

                  President Howison said he believed budget comparison information would be needed to inform the hiring of a new Office Assistant and in determining alternative legal council.

                  Ms. Hickey said she would be able to fulfill the request.

                  Councilor Koehler said he believed the suggestion of Councilor Bellemore to change his motion was out of order because he would not accept it.  He said he was willing to eliminate the request for a monthly printout of the City check register for each fund from the motion as infeasible.

                  President Howison appeared to gain agreement that the change was acceptable and the motion was amended.

                  The motion of Councilor Koehler giving instructions to the City Recorder was adopted, 4:2, with Councilors Petersdorf and Scott voting no.

                  In response a question from Ms. Hickey, President Howison stated that the requested report of legal expenses was for an entire year, not just the current month.

                  Ms. Hickey explained that legal expenses would include Lane Council of Governments billings for City Attorney and planning services, what was spent on the building moratorium and recall elections, and preparing and developing ordinance revisions.  She said other expenses might also be identified.

                  President Howison said he was willing to allow the City Recorder latitude in fulfilling requests that were overburdening.  He invited Ms. Hickey to contact him with any problems she encountered.

 

 

                  Councilor Bellemore moved, seconded by Councilor Navetta, to extend the meeting beyond 11:00 p.m.   The motion failed, 3:3, with Councilors Navetta, Petersdorf, and Scott voting no.

 

                  Councilor Bellemore requested that the Second Readings of proposed Ordinances No. 196 and No. 197 be conducted before the meeting was adjourned, thereby eliminating the need for the special advertising of their consideration at the next Council meeting.

                  President Howison read Ordinance No. 196 by title, AN ORDINANCE AMENDING CHAPTER 32 OF THE DUNES CITY CODE AND REPLACING RESOLUTION 02-08-07 .

                  President Howison read Ordinance No. 197 by title, AN ORDINANCE AMENDING CHAPTER 32 OF THE CITY CODE AND REPLACING RESOLUTION 05-12-06 .

           

            The meeting adjourned at 11:00 p.m.                                        

(Recorded by Dan Lindstrom)

 

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