Dunes City Council

M I N U T E S

January  14, 2010 - 7:00 pm

Printable file

 City Hall - 82877 Spruce St. , Westlake , OR 97439

1.     Call to order and roll call.  

Mayor Eric Hauptman called the meeting of the Dunes City Council to order at 7:01 p.m.  

2.     Roll call.  

Roll Call was taken by Dunes City Recorder, Amy Graham.  

Present:    Mayor Eric Hauptman, Council President Peter Howison , Councilor Richard Koehler, Councilor Jamie Mills, Councilor Susie Navetta, Councilor Robert Quandt, Councilor Rebecca Ruede.  

Absent:     None.  

Also Present:        Dunes City Recorder Amy Graham , Planning Secretary Lisa Ekelund, Planning Chairman David Bellemore, and 10 individuals.  

3.     Pledge of Allegiance.  

All who were present stood for the Pledge of Allegiance.  

4.     Approval of the consent agenda  

  1. Motion to approve the agenda.

  2. City Council meeting minutes from 12/10/09 .

  3. Bills of the session through 01/07/10 .

  4. Receipts of the session through 01/07/10 .

Councilor Mills moved to amend the agenda by adding a discussion of the office staff hours under item number 8 under the unscheduled items.  

Councilor Koehler moved they include discussion during that period regarding a work session.  

Mayor Hauptman said that would be a separate thing they could put on the agenda, which would be fine.      

Councilor Quandt called point of order in that they need a second on Councilor Mills motion.  

Councilor Koehler seconded Councilor Mills motion.  

Councilor Quandt asked for discussion.  Councilor Quandt said he does not mind the discussion on the office hours but he is reluctant to begin micro-manage the staff and he would rather not have this on the agenda.  Councilor Quandt said he would like to make this opinion clear to the other Councilors because of the fact that he thinks it is more important not to micro-manage the staff.  

Councilor Mills said the reason she put this topic on the agenda is just so they could discuss if they need to hold an open forum, if they need to have further discussion to talk about it.  Councilor Mills said this seems to be a recurring problem that seems to rear its head.  Councilor Mills said she is not saying right, wrong, or indifferent, who did what, when, where and how, she is just thinking that they need to get some input from the citizens, how they feel because that's who they are obligated to.  Councilor Mills said they are required to ask ourselves what is best for the citizens.  Councilor Mills said she just wanted to talk about it and see if they could put it off in the future of another meeting.  

Councilor Koehler suggested this is included in a work session where the public is welcome to attend.  

Councilor Mills said she does like this idea.  Councilor Mills questioned if she needs to withdraw her motion.  

Mayor Hauptman said Councilor Mills could withdraw her motion and at that point amend it to be included in the work session discussion.   

Councilor Howison said the work session is not on the agenda yet but he would agree with Councilor Quandt.  Councilor Howison said he thinks micromanaging the staff issue is going a little bit too far but he is in favor of putting that in a workshop.  

Councilor Navetta requested calling the motion to question.  

Councilor Mills amended her motion to move to hold a work session and a public work session to discuss the management of the office and issues related thereto.  Councilor Quandt seconded the motion.  The motion passed by unanimous vote.  

Councilor Mills made the motion to withdraw the minutes of 12/10/09 from the consent agenda, I (Councilor Mills) have concerns with the discussion regarding the May property, Recorder Amy Graham and I (Councilor Mills) have discussed it, to ask her (Amy Graham) to go back and listen to the tape and make some amendments and then she (Amy Graham) could bring it to us (the City Council) at the Special Session next week, the changes.  

Mayor Hauptman clarified that Councilor Mills was asking to remove the City Council meeting minutes of 12/10/09 and Councilor Mills said this was correct.  

Mayor Hauptman clarified that Councilor Mills wants to make a motion to move the approval of the minutes.  

Councilor Mills explained she wanted to remove the minutes from the consent agenda.  

Mayor Hauptman said normally that would go to the bottom of today's agenda.  

Councilor Mills said she thought this was part of the agenda.   

Mayor Hauptman explained approving, discussing and removing items on the consent agenda.  

Councilor Mills said she understands.  

Councilor Mills moved to approve the agenda as amended.  

Mayor Hauptman clarified Councilor Mills said "the agenda as amended".  

Councilor Howison seconded the motion, and also stated, "Which is the amended with the work session we (the Council) discussed."  

The City Recorder stated that Councilor Koehler had made a motion earlier.  

Councilor Howison said it fails for lack of a second.  

Councilor Koehler withdrew his previous motion.  

Mayor Hauptman asked if the Council, regarding the minutes, if they were clear that it was removed from the consent agenda and there was no response.  

Councilor Quandt made the motion to approve the consent agenda as amended.  Councilor Howison seconded the motion.  The motion passed by unanimous vote.  

Amy Graham said Councilor Mills had originally made the motion to accept the consent agenda as amended and then Councilor Quandt made the motion and a second so the Council has actually had this done three times.  

Mayor Hauptman asked where the Council was at.  

Lisa Ekelund said the original motion was made by Councilor Mills who made the motion to approve the consent agenda as amended and Councilor Howison seconded the motion.  Lisa Ekelund said Councilor Quandt then made the motion but she did not catch who seconded this motion.   

Councilor Howison said he seconded Councilor Quandt's motion.  

Lisa Ekelund asked if she should put down that Councilor Quandt and Councilor Mills made the motion.  

Councilor Quandt said this is not important and Councilor Quandt withdrew his motion.  

Mayor Hauptman thanked Amy Graham for keeping the Council on the straight and narrow as much as possible.  

The motion passed by unanimous vote.  

5.     Announcements / Correspondence  

Mayor Hauptman announced the City is displaying artwork received from Mr. Bob Fowner.   

Mayor Hauptman announced the City would be holding a Special Session to have an Executive Session on Tuesday 01/19/10 at 12:00 p.m. per ORS 192.660 (2) (h), to consult with legal counsel regarding litigation.  

6.     Mayor's report  

Mayor Hauptman began his report by announcing that he has been Mayor for a little over two years and then gave the following statement:  "When I was appointed Mayor in November of 2007 the staff had walked out the month before, then Mayor Sheldon Meyer quit, half of the office keys were lost, files were stacked to the ceiling on top of the file cabinets, financial books were a mess, the City was sharply divided politically and it appeared that either side was more than prepared to throw the City under the bus to satisfy whatever agenda they espoused.  Many, not all past Mayors and Council Persons appeared to be interested in promoting their own personal interests.  In short, Dunes City was clearly dysfunctional.  I had my work cut out for me.  My first year was spent trying to figure out exactly what problems to tackle first.  I decided that staffing the City was priority number one.  Secondly, was to deal with the lawsuits that were slowly draining the City coffers.  Thirdly, was to take a hard look at the consultants, contractors, and vendors that were overcharging the City and literally providing no value in return.  Additionally, Dunes City had really no viable set of policies or procedures to operate under and finally he felt that for Dunes City to survive, we had to bring two very polarized sides together, rowing the DC boat in the same direction.  I believe we have made good progress, we have a great staff, we have four very hard working and dedicated people taking on some very difficult tasks.  Dunes City needs to be built from the ground up.  Dunes City codes need to be reviewed thoroughly.  The codebook that the staff and the Council have to work with has not been updated in over twelve years.  Many of the ordinances currently on the books are confusing, contradictory or just plain bland.  The staff is currently undertaking to develop working policies and procedures, and job descriptions.  A City that is 47 years old and has been essentially dysfunctional for its entire existence presents a daunting task.  We have rid the city of the old pork barrel consultants, contractors, and vendors and have saved the City thousands of dollars.  The City has essentially prevailed in frivolous lawsuits that were endemic when I was first appointed, but at a cost.  Our legal fees almost equal our staffing costs.  Hopefully this is coming to an end.  Dunes City is at a crossroads.  This year financially, the City will come in under budget.  Unfortunately, the rest of the Country is in sad shape.  However, the Citizens of the City need to make some decisions.  What do you want?  People don't want to pay a real estate tax.  I don't blame them.  I don't want to pay a real estate tax either.  The alternative is to give your time.  Either we pay for people to take care of this wonderful community or we do it ourselves.  Right now, our staff is at the minimum level to function as a City.  The choice is, do we vote a tax and hire more staff to really run the City properly or do we get volunteers to run it, to get involved, and people without an agenda and without doing it to line their own pockets.  It's decision time.  The alternative is to let Dunes City disappear.  Let it just dwindle to the point that the State will take it over.  I really don't think anybody wants that.  When States and Counties take over defunct Cities, taxes skyrocket and you won't have a vote in it.  You'll just see it on your tax bill.  To look to the State or the County to solve the problems that the City now handles is an illusion.  Believe me, the State and the County does not give a damn about Dunes City or its Citizens and after being involved for over two years trying to work with the State and the County to get anything done it is a daunting task at best.  The decision is yours.  Volunteer and get involved or pay taxes and have City employees handle the business as a City.  Its either/or and it is your choice as citizens.  We have openings on several committees and I'm very happy to see that we've got a lot of new people that are volunteering for these positions and that's what this City needs.  We've pretty well burned out a lot of people that have volunteered for years.  It's time for new people to step up and take responsibility.  What people don't seem to understand so much of this City, the day to day operations is run by the staff as it should be, the forward progress of the City is really run by the Council people through their committees and in most cases the Councilors that take this on work very, very hard to see that things get done.  They need help, we need help, and we need people to volunteer desperately because that's going to be the choice, either we come out as citizens, either you pay up or you put up.  It's one or the other, their ain't no choice and trust me, some people, and I've heard "oh hell let the City go, awe let it go" you don't want that.  I've had some experience with that and believe me you don't want it.  You could probably tack at least another grand to each and every one of your tax bills within one year after that happens.  That's number one.  And number two is having a totally unresponsive body to deal with."  

7.     Committee / Commission reports  

·        A verbal report of the Community Center Chairperson was given by the Community Center Chairperson.  

Councilor Navetta made a recommendation that the City place an ad in the newspaper to give away the piano.  Councilor Navetta asked that the City return the money that Mr. Gary Kelly donated for the repairs of the piano along with a letter of appreciation.  

·        A verbal report of the Communication and Education Committee was given by the Communication and Education Committee Chairperson.

·        A written Conservation Committee report of was received from the Conservation Committee Chairperson and placed on file.  

·        A written Parks and Recreation Commission report was received from the Parks and Recreation Commission Chairperson and placed on file.

·        The minutes of the Parks and Recreation Commission was received from the Parks and Recreation Commission Chairperson and placed on file.

·        The draft minutes of the Road Commission was received from the Road Secretary and placed on file.

·        A verbal report of the Water Quality Committee was given by the Water Quality Committee Chairperson.

·        A written report of the Planning Department was received from the Planning Secretary and placed on file.  

Councilor Quant read the following statement into the record:  "Recently we dealt with a complaint filed by Councilor Howison exposing permitting violations on a lakeside property in Dunes City . Since he filed the complaint, he recused himself from the deliberations. There is no city rule that demanded him to do that. It was just the right thing to do. Public perception is fragile. The Council should be and be seen as objective decision makers. I would like to thank Councilor Howison for demonstrating his integrity for the benefit of the Council’s integrity."  

Councilor Mills asked if there is an urgency to replace Mr. Feingold's position as the representative of emergency and disaster preparedness.  

Councilor Ruede said she would look further into the continuing need of a representative of emergency and disaster preparedness.  

The Council had discussion on the emergency and disaster preparedness program.  

8.     Unfinished / Old business  

·        Rodney May property located at 5372 Leavitt Loop (map/tax-lot 19-12-14-10-04501).  

Mayor Hauptman said they have visited this issue a couple of times.  Mayor Hauptman said the Planning Secretary did some research and found facts that she felt the Council should consider.  

The Planning secretary explained her findings.  

Councilor Mills said in light of the new information she (Councilor Mills) would move that we (the Council) find no nuisance to exist with regard to the tool shed on the May property.  Councilor Ruede seconded the motion.  

The Council had discussion.  

Councilor Quandt re-read his written statement thanking Councilor Howison.  

Councilor Koehler asked Councilor Quandt what does that have to do with this.  

Councilor Navetta responded to Councilor Quandt by stating if Councilor Quandt is suggesting that she step down, she has served on the City Council for a number of years, the Planning Commission, almost every Committee and Commission in this City for 13-14 years and if she were to step down because of some action from that, it would be incorrect.  

Mayor Hauptman said it would not be that Councilor Navetta would step down but rather, it would be that she recused herself.  The Mayor said this is totally Councilor Navetta's choice.  

Councilor Quandt said he thinks Councilors should be objective and remain neutral.  Councilor Quandt said if a Councilor is the one that is actually filing the complaint, then in his mind, it removes their right to be involved in the deliberations.  

Councilor Koehler said one of the things we get into in the City of volunteers and a Committee run town is who is going to take the responsibility for watching out for other people.  Councilor Koehler said we could get a whole series of people that we could pay and this would be a lot of expense that nobody wants to pay for on the upside for taxes.  Councilor Koehler said he is not into taxes and he is not into having no authority in this town.  Councilor Koehler said the idea that we in essence go out when some people talk to us and we inspect certain things seems to be the only connection between the law and what we bring up in some of the Council meetings and our Committees.  Councilor Koehler said he's a bit reticent to just give up on the fact that we don't have the authority but something has to be done regarding what we can do so that we can actually do something right for the town.  Councilor Koehler said he agrees with Councilor Navetta.  Councilor Koehler said Councilor Navetta ended up doing a lot of work on this just because of this.  Councilor Koehler questioned how long this has been going on.  

Councilor Navetta said about four years.  

Councilor Koehler said he's been sitting here for quite awhile thinking that there are a lot of issues that keep rolling on, they never get done, and he has brought up three issues himself and he's waiting for resolve on those.  Councilor Koehler said the question is does he say he's going to make a complaint now because nothing is getting done.  Councilor Koehler said we can stay stuck on this idea of doing nothing until somebody else speaks but he thinks as the quasi-authority in town, we have to have some sort of rule existing so that we can actually take the initiative to make a complaint and not have it held against us.  

Councilor Howison said they are off of the issue somewhat and that the issue is whether the facts show that Mr. May is not in violation and unless someone has information to the contrary it appears that he is not in violation and he would be in favor of the motion.  

Councilor Ruede called the motion to question.  

Lisa Ekelund re-read the motion to the Council.  

The motion to remove the nuisance order on the May property passed by a vote of 4 ayes and 2 nays.  

Councilor Koehler requested a roll call vote, which is as follows:  

Councilor Navetta -         Nay

Councilor Quandt -           Aye

Councilor Koehler -         Nay

Councilor Howison -         Aye

Councilor Ruede -            Aye

Councilor Mills -              Aye  

·        Second reading of Ordinance Number 204 (amending Ordinance Number 182/Chapter 155, §155.2.3.400 Section (B) (2) (e) of the Dunes City Code of Ordinances).  

      Councilor Quandt made the motion to have the second reading of ordinance 204 by title only.  Councilor Ruede seconded the motion.  The motion passed by vote of 5 ayes and 1 nay.  

      Mayor Hauptman read Ordinance Number 204 by title only.  

Councilor Quandt moved to approve the adoption of Ordinance Number 204.  Councilor Ruede seconded the motion.  The roll call vote was as follows:  

      Councilor Navetta -         Nay

      Councilor Quandt -           Aye

Councilor Koehler -         Nay

      Councilor Howison -         Nay

      Councilor Ruede -            Aye

      Councilor Mills - Aye  

      Mayor Hauptman broke the tie of the roll call vote by voting Aye and the motion to adopt Ordinance Number 204 passed.  

·        Second reading of Ordinance Number 203 (amending Ordinance Number 173).  

Councilor Quandt made the motion to have the second reading of Ordinance Number 203 by title only.  Councilor Koehler seconded the motion.  The motion passed by unanimous vote.  

Mayor Hauptman read Ordinance Number 203 by title only.  

      Councilor Mills made the motion to approve Ordinance Number 203.  Councilor Quandt seconded the motion.  The motion passed unanimously with a roll call vote, which was as follows:

 

      Councilor Navetta -         Aye

      Councilor Koehler -         Aye

      Councilor Quandt -           Aye

      Councilor Howison -         Aye

      Councilor Ruede -            Aye

      Councilor Mills -                Aye  

9.     New business  

·        Committee and Commission appointments (Conservation Committee (1), Revenue Committee (2), Site Review Committee (1), Water Quality Committee (1), Planning Commission (2), Road Commission (1), Parks and Recreation Commission (1).  

      Mayor Hauptman announced that there were no applications received for the vacant position on the Conservation Committee.  

      Mayor Hauptman made the recommendation to appoint April Dumas to the Revenue Committee.  

      Councilor Koehler made the motion to appoint April Dumas to the Revenue Committee.  Councilor Navetta seconded the motion.  The motion passed by unanimous vote.  

      Mayor Hauptman made the recommendation to appoint David Dumas for the vacated term and Duke Wells for the new term of the Site Review Committee.  

      Councilor Howison made the motion to appoint David Dumas to the vacated term and Duke Wells to the new term to the Site Review Committee.  Councilor Ruede seconded the motion.  The motion passed by unanimous vote.  

      Mayor Hauptman made the recommendation to appoint John Stead to the Water Quality Committee.  

      Councilor Navetta made the motion to appoint John Stead to the Water Quality Committee.  Councilor Mills seconded the motion.  The motion passed by unanimous vote.  

      Mayor Hauptman made the recommendation to appoint Kenneth Henderson and Tom Bassett to the Planning Commission.  

      Councilor Koehler made the motion to appoint Kenneth Henderson and Tom Bassett to the Planning Commission.  Councilor Howison seconded the motion.  The motion passed by vote of 5 Ayes and 1 Nay.  

      Mayor Hauptman made the recommendation to appoint Troy Sathe to the Road Commission and thanked Mr. Sathe for his hard work.  

      Councilor Mills made the motion to appoint Troy Sathe to the Road Commission.  Councilor Quandt seconded the motion.  The motion passed by unanimous vote.  

      Mayor Hauptman made the recommendation to appoint Richard (Dick) Anderson to the Parks and Recreation Commission.  

      Councilor Ruede made the motion to appoint Richard Anderson to the Parks and Recreation Commission.  Councilor Mills seconded the motion.   

The Council had discussion.  

The motion to appoint Richard Anderson to the Parks and Recreation Commission passed by a vote of 4 ayes and 2 nays.  

      Mayor Hauptman stated he would hope Mr. Riechel and Mr. Leach would consider becoming part of either the Conservation Committee or the Revenue Committee.  

      Mr. Lee Riechel spoke from the audience stating he would like to be on the Conservation Committee.  

      Mayor Hauptman made the recommendation to appoint Lee Riechel to the Conservation Committee.  

      Councilor Ruede made the motion to appoint Lee Riechel to the Conservation Committee.  Councilor Mills seconded the motion.  The motion passed by unanimous vote.  

      Mayor Hauptman reminded everyone of the need for a quorum when Committee and Commission's make decisions.  

Mayor Hauptman said he would like to see the Water Quality Committee evolve into the Water Resources Department and explained the reasons why he would like to see this change.  

Councilor Koehler said at the next Water Quality Committee meeting, they would discuss this change and report their discussion to the Council.  

10.             Unscheduled itmes not listed on the agenda  

Mayor Hauptman began discussion on the proposed work session.  

Councilor Koehler said his primary interest is an open forum with the Council and perhaps the staff just so that they can get feedback on issues that they know are needing attention and so perhaps scheduling sometime next week would help them out.  

Mayor Hauptman said they are having an Executive Session on Tuesday at noon .  

Councilor Howison asked what the issues are that they need to discuss.  

Councilor Koehler said what happens is when they get into a structured discussion or at least an agendized work session, things that come up by what's brought up are not able to be discussed so the open forum idea is to enable people who's creativity goes beyond the structured concept to be able to offer suggestions and input so that problems that could be coming up, don't come up so it's a matter of having no structure..  

The City Recorder requested the Mayor define what the staff issue is.  

Mayor Hauptman said the staff discussed going to four ten-hour days because the office is already closed on Friday.  Mayor Hauptman said he agreed to try this but there are some Councilors who feel this is a major deal.  Mayor Hauptman referred to Councilor Quandt's earlier comment on micro managing.   

Mayor Hauptman said in the work session, he would like to see discussion of Dunes City Code codification and Charter amendments along with the staff decisions and anything else that might come up.  

The Council scheduled the work session to be held on Tuesday 01/19/10 at 6:00 p.m.  

Councilor Quandt made the motion to create a City Council work session at 6:00 p.m. on the 19th of January with the agenda being codification of the ordinances, charter amendments and staff decisions and anything else that might come up.  Councilor Navetta seconded the motion.  The motion passed by unanimous vote.  

11.              Citizen input on unscheduled items  

Troy Sathe 83330 Clear Lake Rd.  

Mr. Sathe said one of the most important things the City can do is to create a business license.  Mr. Sathe said the license would increase the ability of code enforcement.  Mr. Sathe commended the Staff for their work.  

The Council had discussion regarding business licensing.  

Lee Riechel 83541 Jensen Lane  

Mr. Riechel said this last Fall, they completed probably the most comprehensive road project this City's every done.  Mr. Riechel said it went well and also there were some problems.  Mr. Riechel commended the Road Commission; particularly Road Chairman Quandt regarding communications to the citizens regarding what is going on.  Mr. Riechel thanked the Road Commission for a job well done.  

Councilor Mills thanked the City Recorder for providing the Council with the budget vs. actual comparison.  

Mayor Hauptman said they really did not resolve the minute issue.  Mayor Hauptman said they could do this at the beginning of the Special Session or during the Work Session.  

Councilor Mills said she would like to table discussion of the minutes to the Special Session.  

12.              Adjournment  

There being no further business to come before the City Council,  

Councilor Mills made the motion to adjourn the meeting and Councilor Quandt seconded.  The motion passed by unanimous vote.  

The Mayor adjourned the meeting of the Dunes City Council at 9:04 p.m.  

The next regularly scheduled meeting of the Dunes City Council is to be held on February 11, 2009 at 7:00 p.m.  

The proceedings of the Dunes City Council meeting were recorded, and are filed in the City Recorder's office. The complete minutes of this meeting is filed in the City Recorder's office.  Upon approval by the City Council, these minutes will be available online at http://dunescity.com/minutes.htm  

Approved by the Dunes City Council on the 11th day of February 2010.  

Signed copy available at City Hall

Eric Hauptman, Mayor  

ATTEST:  

Signed copy available at City Hall

Amy Graham , City Recorder

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====================== committee reports ======================

 

Parks & Recreation Commission

Report January 14, 2010

Rebecca Ruede Chairperson

The Parks & Rec. Commission held their last meeting on December 9th 2009. At that time the bid for the signs project was awarded to Bill Robert Signs and subsequently approved by the council at the December 10th meeting. The project is proceeding as planned.

The Commission is short one member and we look forward to the appointment of a commissioner tonight.

The next meeting of the Commission is scheduled for Wednesday Jan. 20, 2010 at 7pm.

minutes Parks December 9, 2009

Parks and recreation committee Meeting started 2:45

Meeting called to order by Rebecca, to read the bids on the sign's.

County Signs:

Reflective venal sighs.

Getting signs approved as they go along.

New everything and colors. Reflective colors on the signs.

Sign lighting. Solar?

Call State to see about a sign for no parking on the sides of the road.

Also pressure wash and repaint sign posts.

The bid was presented by Bill Roberts, painting & Signs. The bid will be as he quoted.

$5,4585.00

Roberta Dalbeck. Florence

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January 2010 Conservation Committee Report

The Conservation Committee did not meet in December but is planning on sending out the educational mailing to shoreland properties before the council meeting and has a site review scheduled for January 13 or 14th.

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planning department report

Report Date: January 2010

Staff: Lisa Ekelund, Planning Secretary

______________________________________________________________________________

 

In the Month of December, the Planning Department issued 6 permits and scheduled 20 inspections.

Staff continues to do the daily tasks concerning permitting applications, information requests, customer service, and support to staff as needed. A detailed bi-monthly planning staff report is available in the City Recorders office.

The last Planning Commission meeting was held on October 22, 2009. Both the November and the December Planning Commission meetings were cancelled.

The next scheduled Planning Commission meeting will be held on January 28, 2010 at 6:00 p.m.

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