Dunes
City Council
M
I N U T E S
Regular
Meeting
November 8, 2007
-
7:00 p.m.
Printable
file
City
Hall -
82877 Spruce
Street
Westlake
,
Oregon
97439
Councilors Present:
Mayor (acting) Peter Howison, Richard Koehler, John Scott,
Susie Navetta, and David Bellemore
Councilor Absent: David
Bellemore, excused
Others Present: Mayor
Elect Eric Hauptman, Gary Darnielle City Attorney, several members of the
community.
1.
Mayor (Acting) Peter Howison called the regular session of the City
Council to order at
7:00 p.m.
Councilors joined in the pledge of allegiance.
2. Consent
Agenda
A. The minutes from
October 11, 2007
, were not available.
B.
The bills of the Session totaled $34,381.52.
Councilor John Scott made a motion that the bills of the
session be approved. Councilor
Bob Petersdorf seconded the motion. Motion
carried.
3.
Receipts of the Session
- not listed.
4.
Announcements and
Informational Items
A.
Art Exhibition - Currently, Mickey Hines is displaying art work
for the months of November and December.
B.
Appointed Mayor - Eric Hauptman will be sworn in at the special
City Council Meeting scheduled for
November 15, 2007
.
C.
Volunteer Fire Fighters and CERT trainees needed for Dunes City.
D.
Vacancies on the Site Review Committee
E.
There will be a special City Council Meeting on
November 15, 2007
, to fill councilor vacancy. Applications
are due
November 12, 2007
.
5.
Office Staff Applicant Interview - Lisa O'Callaghan.
Applicant
Lisa O'Callaghan was interviewed for the Administrative Assistant
position. Following the
Executive Session, Councilor Bob Petersdorf made a motion to employ
Lisa O'Callaghan to the position of Administrative Assistant.
Councilor Susie Navetta seconded the motion.
Motion carried.
6.
Guest Speaker -
Jay Charland, DLCD was not present.
7.
Citizen Input on Unscheduled
Items
Tom
Curtis, 83148 S. Pioneer Road, Dunes City – Mr. Curtis read a statement
regarding the question of how someone could serve on the planning
commission and not support the commission or stormwater planning.
8.
Old Business
A.
Planning Commission Appointment – Eggert
Madsen. Mr. Madsen
explained that he is a resident of
Booth
Island
. He has been living on his
boat anchored at
Booth
Island
as he has been trying for months to receive his Occupancy Permit from
Lane
County
. He went on to describe the
difficulty involved in obtaining his permit as well as the obstacles
involved. Councilor Bob
Petersdorf will clarify an issue that is involved in a right-of-way to
assist Mr. Madsen in obtaining his permit.
Mr. Madsen described his qualifications to fill the vacant position
on the Planning Commission. Councilor
Richard Koehler made a motion to appoint Eggert Madsen to the Planning
Commission. Councilor Bob
Petersdorf seconded the motion. Motion
Carried.
B. Legal
Services Report – Ralph Farnsworth, 83837 Hwy. 101,
Dunes
City
, and Eric Hauptman,
5188 Hilltop Drive
,
Dunes
City
Ralph Farnsworth and Eric Hauptman advised they interviewed several
legal firms to replace the current city attorney who is retiring at the
end of the year. They informed
that they were impressed with Speer Hoyt in
Eugene
as well as a coastal law firm from
Newport
, Macpherson, Gintner, and Diaz. City
Attorney Gary Darnielle mentioned that if the annual cost exceeds $5,000,
then the position requires a draft of a job description and advertising
and explained the process. Mr.
Darnielle advised he would take care of this.
Councilor
John Scott made a motion that the city authorizes Gary Darnielle to
develop an RFD to advertise for City Attorney.
Councilor Susie Navetta seconded the motion.
Motion carried.
C. City
Water Rights / Woahink Outlet Structure – John Stead,
83505 South Cove Way
,
Dunes
City
. John Stead gave an
enlightening dissertation regarding the points of division and the water
permits. There is one permit
used now with 217 points of diversion representing 217 properties who have
signed up for this. There is a
permit from 1968 that is currently not being used.
A 1978 municipal water right permit, is in place for future
residents. Currently, Mr.
Stead is working on the extension of this permit, which is required to be
submitted by the end of this month (November).
He explained that the city is requesting a 50-year permit
extension. Additionally, there
is a 2004 storage permit. Mr.
Stead went on to explain the components of this permit.
There was discussion of who should be the authorized person and who
should be the permittee on the 50-year extension process.
D.
Siltcoos
Lake
: Blue Green Algae bloom assessment
– Mayor (Acting) Peter Howison informed that Mr. Kaufmann from the
Department of Human Services issued an advisory on
November 9, 2007
, to lift the public health advisory of harmful algae bloom.
There has been approximately $5,800 expended in water testing.
Mayor (acting)
Peter Howison advised that hopefully there would be grant monies to cover
this expenditure if needed in the coming year.
9.
NEW BUSINESS
A.
Christmas Party at
Dunes
City Hall
December 15, 2007
.
Councilor Susie Navetta advised that the committee does not
need $250. She mentioned that
she thought there was left over funds and she felt she could get sponsors
to cover whatever might be needed.
B.
Building Department – notification of erosion control
violations. Councilor
Richard Koehler spoke with the building inspector, Mr. Gates regarding the
inspection of erosion issues. Mr.
Gates offered that he would do inspections.
The question was then brought up as to who would pay for the
inspections. Councilor Susie
Navetta mentioned that perhaps fines could cover this cost.
City Attorney, Gary Darnielle described that the City of
Eugene
has instituted a surcharge on lots based on surface.
Councilor Richard Koehler inquired about a performance and surety
bond that would assure the process is followed.
City Attorney Gary Darnielle informed that this bond would ensure
the money was in place to cover any fines.
He also mentioned that perhaps it would be a good idea to do a fact
finding and ask contractors. Councilor
John Scott advised that the city could also issue a stop work order.
C.
Auditors – Request for Proposals – Mayor
(Acting) Peter Howison reported that the annual audit typically begins
July 1st of each year. The
current auditing firm made the decision to not complete the audit they
began this year (2007) on
October 26, 2007
. Currently, they are in
breach of contract. Councilor Bob Petersdorf made a
motion that the city go out for a Request for Proposal from new auditors.
Councilor Richard Koehler seconded the motion.
Motion carried.
10. REPORTS
A.
Report by City Attorney.
Auditor breech of contract, Gary Darnielle, City Attorney
Councilor
Bob Petersdorf exclaimed that the auditing company resigned under the
wrong conditions and felt they should be reported to the State Board.
Mayor (Acting) Peter Howison offered that a letter has been
submitted to the State requesting an extension on the audit deadline.
City
Attorney Gary Darnielle explained that he sent a letter to the auditing
firm chastising them for withdrawing from the audit.
City Attorney
Gary Darnielle stipulated in the letter to the audit firm they return all
materials that were forwarded to them for the audit; requested that the
audit firm write a letter to the Secretary of State requesting an
extension of the audit deadline; be more specific about the reasons for
withdrawing from the audit; and he was informed by Christa of the audit
firm that all materials would
be returned today. City
Attorney Gary Darnielle also agrees with Councilor Bob Petersdorf that the
firm needs to be reported to the Secretary of State.
Further,
City Attorney Gary Darnielle mentioned that the City may want to consider
action against this firm as new auditors will be an additional cost to the
city. He advised that the city
will have a couple of years to file this law suit.
Regarding
the LUBA appeal, City Attorney Gary Darnielle stated that the last
document has been received. He
went on to say that this will make Norman Martin happy.
City
Attorney Gary Darnielle advised that he has been contacted by CIS
investigator Gail Fischer. She
will be defending the city regarding the resignation of the City Recorder.
Gail Fischer advised the city to not speak in public about this
employee.
B.
Road Commission - Road Report, Councilor Bob Petersdorf
Councilor
Bob Petersdorf highlighted the road commission report advising that
vegetation will be planted on
Canary Road
and the
Green Gate Road
issues are being addressed.
C.
Conservation Committee - Sunset Cove - no report, Councilor
Bellemore is not present.
D.
Site Review Committee- Susie Navetta.
A report was given by Councilor Susie Navetta.
The trailer belonging to the Beer's is still across the street from
city hall. They have been
promising to remove the trailer for an extended period of time.
Councilor Navetta felt that it was time to begin an abatement
situation. David Dumas
reported that he removed the door on an abandoned refrigerator on a vacant
lot.
E.
Police Commissioner/Fire Department - Susie Navetta - same
report as above.
F.
Community Center - Richard Koehler
Councilor Richard Koehler announced that the Annual Christmas Party
will be held on
December 15, 2007
. The council is also seeking
ideas for the Festival of the Lakes.
G.
Grants/Franchises/License - John Scott.
Councilor John Scott received a letter from Cal Lewis.
The Viewing Outlook is nearly complete.
Parks and Recreation committee is applying through
Lane
County
for a grant for the kayak ramp.
H.
Communications/Water Quality Committee - Richard Koehler -
Councilor Richard Koehler advised that
Siltcoos
Lake
is under the Clean Water Act. They
hope for education for the residents and also mentioned water testing.
On
October 24, 2007
, the committee attended a water forum at
Honeyman
State Park
. One of the topics is erosion
control.
I.
Acting Mayor's Report - Peter Howison -
Mayor (Acting) Peter Howison gave a report on the vacant positions
in the Dunes City Office. Several
candidates have been interviewed. There
are eight applications for the various vacant positions.
J.
Planning Chairperson - Lee Reichel - Lee Reichel, Planning
Commission Chairperson reported that the commission has attended a
workshop on Stormwater. The FM
radio station, transmitter, towers, and station, that was earlier reported
to be coming to Dunes City, is in fact being located completely out of the
city. It was reported to be
Dunes
City
as this is the closest community in proximity of the equipment.
The
situation of a five-member commission formed the way the commission used
to be set up was mentioned. Currently,
the chairman is a non-voting member. Lee
Reichel felt this may preclude members of the commission from wanting to
fill the chairperson position. Mayor
(Acting) Peter Howison offered that the chairperson actually does vote
when there is a tie. A tie
vote is a failure to motion.
The
Montgomery
property is still in the works. They
have instructed to add more materials.
11.
Unscheduled Items Not Listed on Agenda - There is a complaint
letter regarding ANB Construction that will be put on the December agenda.
Councilor
Bob Petersdorf expressed concern about
new city
attorney incurring costs to the city regarding issues still pending.
Councilor
Susie Navetta advised that a group from the city attended the South Coast
Rural forum in
Coos
Bay
.
At this time
the council adjourned to Executive Session.
Upon return from Executive Session, Councilor Bob Petersdorf
made the motion to employ Lisa O'Callaghan to the position of
Administrative Assistant. Councilor
Susie Navetta seconded the motion. Motion
carried. Hiring date
will be
November 15, 2007
.
Councilor
Bob Petersdorf made a motion to adjourn at
9:30 p.m.
Respectfully
submitted, Lisa O'Callaghan, Administrative Assistant