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. MINUTES
OF THE DUNES
REGULAR
MEETING A.
Call
to Order and Roll Call The
meeting was called to order at Present:
Bob Petersdorf, David Persons, Linda Lauck, George McKenzie, Jo
Owens, Keith Herring, Bill Connell, Lee Riechel and Maria McConnell were
present.
B.
Approval
of Minutes – Action
George McKenzie made a motion to approve the March 17,
Linda Lauck asked that a comment on page 2, paragraph 4, be noted,
wherein guest speaker Leo Stapleton stated that "road funds are only
to be used for road improvements and the State Attorney enforces the
appropriate use of these funds." C.
Citizen
Input Bob
Petersdorf acknowledged the presence of Glen Carrari and Pam Allister who
are present to address an issue on the agenda under Section D.
There
were no other members of the public present.
D.
Unfinished/Old
Business Item
#1 - Review of road conditions by Commissioners Bob
Petersdorf reviewed a list of
roads that the Road Commission has recommended
to be scheduled for chip seal in 2008.
The list is attached and will be included in the records of this
meeting. He pointed out that Keith
Herring asked if Linda
Lauck asked what the time frame is to go out to bids. Bob Petersdorf
stated that the Road Commission will decide which roads will go out to bid
and they will be presented to the City Council, however, bids will not be
processed until the budget is approved.
Keith Herring asked if striping will be included in the bids.
Bob Petersdorf replied that striping is under a new contract. Agenda
out of sequence: Bob
Petersdorf mistakenly jumped to Section E - New Business.
Minutes to reflect the meeting as it took place. E.
New Business Bob
Petersdorf reviewed the permits submitted to the Roads Department for the
month of March and April. (a)
William and Claudia Cummings applied for an Access and Driveway
Permit after being notified via Certified Mail of a violation taking place
on their property located at Lot #1300 Summerbell Drive. During
an inspection made by Bob Petersdorf, it was discovered that Mr. &
Mrs. Cummings had bought 2 properties on Summerbell; one to put their
house on and the other one for a playground for their children.
The residents stated they were advised by their Real Estate agent
that they could build the structures.
They were advised that before any structures were placed on a
property they would need an access and driveway permit. (b)
Bob Petersdorf reviewed the Vegetation and Tree Removal and
Driveway Permit applied for by Chris John and Linda Wernet of Lee
Riechel stated that the Planning Commission has a problem with this
building site and stated that the 50 ft. setback line was under the
proposed deck. He stated the
residents changed the size of the deck and then put up a retaining wall on
the 50 ft. setback line. He
stated that Susie Navetta brought this to the attention of the Planning
Commission. Linda
Lauck stated that the septic tank will be within a few feet of that
retaining wall and there is still some ongoing work and she observed that
the area was staked with red flags. Lee
Riechel stated that they were told to stake the 50 ft. setback line and
Dave Gates is looking at this and he will advise us. Action: George
McKenzie made the motion to grant permission to Chris John and Linda
Wernet to remove the 4 trees as indicated, Bill Connell seconded the
motion and the motion was carried by 5 ayes, 0 nays and unanimously
approved. Bob
Petersdorf stated that Maria McConnell will write a letter to the
residents that their request has been approved and that Keith Herring will
be present to observe the removal of the trees. (c)
Bob Petersdorf reviewed the Right-of-Way Permit (Utilities and
Landscaping/Vegetation) applied
for by Robin & Jamie Mills, 83349 Parkway Estates.
He stated that the mills drilled for a well on their property and
got salt water out of it. He
stated they are now working with the South Cove Water District to remedy
the problem. They were given
permission to go under the roadway to drill for water. Bob Petersdorf
stated they have not yet applied for a driveway permit and they will be
advised to. Agenda
out of sequence: Bob
Petersdorf apologized for skipping to Section E of the Agenda and returned
to Section D. D.
Unfinished/Old Business Item
#2 - Appeal of Fine and Review of Permit #R0802/Glen Carrari and Pam
Allister Bob
Petersdorf introduced Mr. Glen Carrari and Ms. Pamela Allister to the Road
Commission and stated they were present to present their recollection of
the events leading up to the complaints being made against them regarding
damage to the tree located in the city right-of-way adjacent to their
property located at 4978 Lake Drive. They
were also fined by the City Council for this violation and they are
currently appealing the fine. Mr.
Glen Carrari and Ms. Pamela Allister were recognized by the Road
Commission and stated their mailing address is Mr.
Carrari stated they are in the process of building a home at Ms.
Allister stated that she has been meeting with Maria McConnell Road
Secretary and obtaining copies of correspondence regarding this incident.
She stated that in reviewing the correspondence regarding the fine,
that they were left out of the loop and after reviewing the Minutes of
December 17, 2007 wherein it is stated in Paragraph #5 last sentence
"Linda Lauck recommended that the residents involved, Glen
Carrari, Wally Schultz and Jason Sharpe be sent a letter that the City
will not be liable if they choose not to remove the tree."
Ms. Allister stated
they never received this letter and there was another incident where a
letter was not received by them. Ms.
Allister asked the members of the Roads Commission to just focus on that
particular tree at this time and not some of the other issues that have
been stirred up. She shared
photos of the tree and adjacent area with members of the Commission for
their review. Mr.
Carrari asked if the Road Commission members had a copy of his appeal
letter and stated he didn’t have too much to add to what he has stated
in that letter. He stated that
the power company suggested a place for the power line and referenced the
Temporary Right-of-Way Use Permit issued by Robin Reed on Ms.
Allister referred to one of the photos that showed where the stump was. Mr.
Carrari stated that is pretty much the whole story and when they went to
the City Council meeting, they were fined $1,500.00.
He stated that the logger told him that once a tree is declared
dangerous, it must be removed. He
stated they were supposed to receive a letter that Keith Herring was to be
there while the tree was being removed and that we were required to get a
permit to remove the tree. He
stated that the logger who was removing the tree, was hesitant to continue
with the removal when he heard they didn't have the permit. Ms.
Allister asked the Road Commission if they had a copy of the letter sent
by Robert Petersdorf dated Mr.
Carrari stated after the receipt of that letter he then phoned Keith
Herring to come and watch the tree being removed which he did.
Ms.
Allister stated that the deceased tree, as well as the cedar tree, both lean
to the south and that is because of the way the lot slopes.
She stated that before she bought the lot, some one had already
trimmed off all the undergrowth and the branches on one side of the tree.
She stated that she felt it was a combination of an act of God and
an act of man that the tree got damaged. David
Persons stated that Mr. Carrari had indicated in the past that this tree
was a hazard and he wanted to remove it. Mr.
Carrari agreed that prior to the electrical line being placed he had asked
to take the tree down because he thought it was dangerous and he was told
that it was going to be taken down by
Bob Petersdorf and David Persons. Bob
Petersdorf stated the Road Commission has never told anyone that they
couldn't cut down trees but just to go through the correct procedures.
He stated that Mr. Carrari always wanted those trees down including
the cedar tree because that is where he wanted his driveway to be.
He stated he instructed Mr. Carrari to adhere to the city's
established procedures to remove a tree and that he never told Mr. Carrari
it was okay to remove the tree without applying for a permit and without
the prior review and approval
of the Road Commission. George
McKenzie asked the residents if they have changed the location of their
driveway. Ms.
Allister stated that when she bought the lot she inquired if it was legal
to bring a driveway down the property line and was told it was legal.
She stated it was part of her due diligence when she bought the lot
and explained where the septic system and leach field is. Road
Commissioners Dave Persons and George McKenzie recited their recollection
of the removal of the tree and the timing of actual heavy equipment being
brought on to the property and the tree being determined to be a
"leaner" and the limbs being trimmed off, etc. and stated that
it was over six months ago. David
Persons stated the electrical line wasn't brought in until December, 2007. Mr.
Carrari reviewed the time line of the work on his property and stated that
on July 30, 2007 he made the request to PUD, they started to work on the
property in August and on October 7, 2007 C-T Boring did their work and on
October 14th the electrical power line was brought in.
Mr. Carrari stated that the PUD removed the tree stump on October 7th
or 8th. David
Persons stated that the property owners posted signs to keep everyone away
from the area and the neighbors respected their request.
However, after the heavy wind storms in December, the Road
Commission, while reviewing storm damage, discovered the excavation of the
tree's roots in the city's right-of-way.
Pictures were taken and the Road Commission notified the neighbors
that in the Commission's opinion, it looked like this tree is dangerous
and is leaning. The Road
Commission in their December meeting commented on the tree’s damage and
determined that it should be evaluated by an arborist or removed.
Troy Sathe, a former member of the Road Commission, also brought it
to our attention that this tree had its roots cut off and posed a danger
to neighboring properties. He stated that from the time the work started
in October, there was no inspection done of the site until December. Ms.
Allister read from the Road Commission Minutes of Bob
Petersdorf stated that he had stressed to Mr. Carrari strongly as well as
to the PUD that the Road Commission didn’t want that root system on that
tree touched and they all agreed that they wouldn’t damage the tree.
He stated that the backhoe driver, in order to cause that much
damage to the roots of the tree must have backed up several times into
that tree's root system, making it a danger tree.
After Bob
Petersdorf further explained that after the property owners responded to
our letter of Linda
Lauck asked regarding the two letters Ms. Allister stated they did not
receive and asked if those letters pertained to them obtaining a permit to
cut the tree down. Ms.
Allister stated that David Persons was under the impression that they had
been instructed regarding the procedure to remove the tree and this
information was included with the letter they received regarding the fine.
She stated the information regarding the removal of the tree was
not included in the letter from Greg Perkins, therefore, they weren't
aware they had to go through these steps.
Ms. Allister stated she has been working with Maria in an attempt
to find the documents regarding the approval of their lot and the map that
was attached to it. Bob
Petersdorf stated that the map has nothing to do with this situation and
stated the Road Commission's concern was that when they dug that ditch,
they didn't touch the root of that tree but then they went in there and
chopped it to pieces and had no respect for that tree.
The hole for the water or utility line didn’t need to be that big
and didn't need to damage the tree trunk to accomplish the work that
needed to be done. We
communicated this to Mr. Carrari and he understood what the city's
position was on this. Linda
Lauck asked if it was the PUD that did the actual damage. Bob
Petersdorf stated that it is the property owner’s responsibility to
observe any work being done on their property and that the person sitting
on the back hoe is doing his job correctly. Mr.
Carrari stated that C-T Boring did the work and they took out the stump
and he was never told to damage the roots of that tree. George
McKenzie asked for clarification on what stump they are talking about?
Ms. Allister referred to the photos. Bob
Petersdorf stated the stump was from a tree cut down a long time ago.
Bill Connell stated the Road Commission is only concerned with
discussing the tree with its root cut off. Ms.
Allister stated that there was no other way to have the work done that
needed to be done and she was required to have underground electricity and
they had to put it where they did. George
McKenzie disagreed with Ms. Allister and stated they could have dug that
hole without damaging the tree and asked if they ever received a letter
regarding the removal of the tree from earlier discussions. Bob
Petersdorf stated he met with Mr. Carrari many times about the routing of
his power lines and told him that under no circumstances was that tree to
be damaged. Mr.
Carrari stated there was no such letter.
He stated when he attended the Dunes City Council meeting, Ms.
Allister requested a delay in their appeal hearing in order to appear
before the Road Commission as recommended by Bob Petersdorf. Bob
Petersdorf stated the Road Commission did not involve them in the whole
process before the Road Commission to defend themselves against
the $1500 fine, but we are doing that at tonight's meeting and giving them
the floor to convince us that the fine is justified or not. David
Persons stated all he is hearing is a lot of hearsay, and a lot of nice
comments and letters that weren't received, etc. but one thing that is not
being discussed is that the neighbor's home was put in danger because of
that tree’s roots being cut off. He
stated speaking, as one of the neighbors, we respected your rights that
you didn't want to be disturbed while you were working on your property.
But it is evident that they knew for some time that the tree was in
danger of falling and as a responsible property owner, this should have
been taken care of immediately. The
neighbors felt a crime had been permitted, because this tree was a hazard
and could fall at any time endangering their home and autos.
Mr. Persons stated that Ms. Allister and Mr. Carrari instead of
doing the right thing, chose to cover up the roots and put gravel over
them as if nothing had been done. He
stated that the deception behind the whole situation is what disturbs him
and its not like this incident was just an innocent act.
Mr. Persons stated that Mr. Wally Shoults, told him that "God
was on their side that the tree didn’t fall" and feels that
negligence took place and to further quote his neighbor he felt that there
was “criminal intent” by the actions of Mr. Carrari and Ms. Allister.
David Persons stated he will abstain from the Road Commission's
vote on this item, because he also feels he was a potential victim of this
careless act. Mr.
Carrari stated that as soon as C-T Boring did their work and we realized
that the tree was damaged, he told Ms. Allister that he felt the tree was
dangerous and she called Bob Petersdorf at Bob
Petersdorf stated the message was on his answering machine as he was out
of town during that time and he didn't actually talk to Ms. Allister about
this situation for over a month as she was either out of town or he was
during the holiday month. Bob
Petersdorf asked the Road Commission if they had any further comments or
questions. With no further
questions being asked, Bob Petersdorf thanked Mr. Carrari and Ms. Allister
for their comments and closed the public discussion. Bob
Petersdorf asked that the record show that David Persons will exclude
himself from any further discussion during the Road Commission's review of
this item. He advised the Road
Commission that it is up to them to either change the fine amount, keep it
as is, or come up with something different and asked them what their
decision was. Maria
McConnell explained to the Road Commission regarding the two letters that
Ms. Allister stated they didn't receive.
The first letter referenced by Ms. Allister is the letter sent to
the three neighbors who were concerned about the tree and whose property
was threatened if the tree was to fall.
The letter dated Linda
Lauck stated that a lot of decisions are made in conversation only and
felt we needed a paper trail and to put everything in writing regarding
site reviews in the future. She
stated she found it hard to fine someone where they only got part of the
instructions and she did have a problem with the $1500.00 fine being
excessive. Maria
McConnell stated that an interoffice memo was sent to Mayor Eric Hauptman
and City Council members on February 6, 2008 which included a
"sample" letter to be sent out under the Mayor's signature which
outlined the fine as well as the correct procedure to remove the tree
(memo and sample letter included in packet).
The letter sent out on February 12, 2008, signed by Greg Perkins,
City Recorder, did not include the conditions required to remove the tree
and only addressed the fine. The
second letter Ms. Allister is referring to that they did not receive is
the "sample" letter that the City Recorder chose not to include
in his communication. Bob
Petersdorf stated that he and other Road Commission members had discussed
the permits required with Mr. Carrari on many occasions.
He chose to ignore our requests and was allegedly cutting the trees
down in the neighbor's yard and putting duct tape around them.
He stated he has had to go out there many times to respond to
complaints about Mr. Carrari's actions. Jo
Owens asked if he has any more trees that Mr. Carrari is going to deal
with. Bob
Petersdorf stated that the cedar tree is the only one left. Bob
Petersdorf asked the Road Commission to make a decision and stated he
didn't feel sorry for Mr. Carrari and Ms. Allister because they knew what
they were doing. He stated the
comments they made regarding the incompetence of staff, that they didn't
get letters they should have, etc. are incorrect.
He stated we don't send letters out to residents telling them not
to cut a tree down; we catch them after the fact when it is discovered
during a road inspection or a neighbor reports them. Discussion
ensued among the Commissioners if the PUD was to blame and the
responsibility of the property owners to observe work being done on their
property. Bob
Petersdorf asked the Road Commission to vote on this item. Action: Bill
Connell made a motion to support the $1,500.00 fine, motion seconded by
Linda Lauck. The motion was
carried by 4 ayes, 0 nays, 1 abstain and was unanimously approved. David
Persons abstained from voting. Item
#3 - Illegally placed
electrical line on Bob
Petersdorf reviewed history of
the Bill
Connell asked why the lines couldn't be left there being they have been
there for so long. Bob
Petersdorf stated that the PUD and the Building Department of the County
is going to take over the enforcement of this.
The pipes are not up to code and are in some places only 4 inches
under the ground as well as being in need of replacement just from age
alone. He stated he didn't
understand why this was ever made a Road Department problem when it does
not come under our jurisdiction. He
stated he has advised all of the neighbors concerned that the city will
remain neutral on this problem and that it is basically a private property
owner problem that needs to be resolved amongst the residents themselves. Bill
Connell and George McKenzie agreed that the Road Commission should not
have any participation in this situation. Action: George
McKenzie made the motion that the Road Commission will not be involved in
this dispute and remain neutral, motion seconded by David Persons.
The motion was carried by 5 ayes, 0 nays and was unanimously
approved. E.
New Business Resume
agenda format - Item 2 - City Council Resolutions Bob
Petersdorf reviewed Resolution Nos. Michael
Cocciolo says he has been waiting to resolve this issue for a long time
and will sue the city if it is not resolved.
Bob Petersdorf reviewed the history of this request and commended
Maria's work on preparing the Resolutions. Item
#3 - Bretthauer Road Oil Bob
Petersdorf referenced letter received from Bretthauer Road Oil who also do
chip seal. He stated he has
made several attempts to contact them to see if they would be interested
in doing work in Item
#4 - State of Bob
Petersdorf reviewed a letter received from the State of Bob
Petersdorf stated he had been contacted by Leaning Tree Removal and would
be checking on their license status, etc. before we contract with them for
any tree removal. 5.
Interoffice Correspondence: Bob
Petersdorf reviewed a memo from Maria McConnell citing computer problems
and the need to purchase a new computer for the Road Secretary and a memo
to Keith Herring regarding several problems for his review. 6.
General Correspondence: Bob
Petersdorf reviewed general correspondence regarding scheduled repair of
potholes on Eastlake Road brought to the city's attention by Naomi
Wasserburg and reviewed several letters expressing appreciation for work
done by residents, Adrian Vanderhade and Joe Lane as well as a letter to
Leisure Excavating for the services of their employee, Shawn Baker. F.
Unscheduled Items Not Listed on Agenda Bob
Petersdorf distributed a packet of information to the Road Commission
members regarding work party rules and regulations.
He advised that these are being implemented in order to protect the
members from any work related injuries and to be covered by workmen's
compensation insurance. He
reviewed the equipment check- out requirements with the members of the
Road Commission. Bob
Petersdorf reviewed the Dunes City Road Fund Custom Summary Report
2008/2009 with the Road Commission and noted the last paragraph wherein it
is stated that "additional money for front office staff should be
obtained elsewhere." Bob
Petersdorf reviewed the Special Fund/Resources & Requirements
State/Street Fund Budget; Detailed Expenditures; Resources; and the
Requirements Summary by fund, organizational unit or program. Bob
Petersdorf stated he felt that the city was at a threshold at this time
and after the big building spurt, things have quieted down and Lee
Riechel stated that this year they have had 8 building starts already
compared with 12 for the entire year of 2007 and stated that many lots
have been sold and people are still making plans to build on them. Bob
Petersdorf reviewed a letter received from the State of Oregon Department
of Transportation regarding Pedestrian and Bicycle Grants.
Bob Petersdorf stated that in the Parks and Recreation Ordinance it
says that committee is responsible for bikeways and pedestrian paths and
they have approached the Road Commission to ask for the money for this
line item. He advised them that we will review it and there is $4,000 in
that fund. He advised the
members to recommend any areas they would like to include and stated there
is a match requirement with them and we will get extra points. Linda
Lauck noted there is a timeline for all applications to be postmarked by
G.
Reports
1.
Keith Herring, Road Inspector Keith
Herring reviewed his roads log sheet dated from Keith
Herring asked regarding property on Summerbell that need aprons installed
on their driveways. He stated
that the center stripe needs to be done this summer on Summerbell.
In August, the same needs to be done on Cloud Nine and Action: Bill
Connell made the motion to approve the Inspector of Roads Log Sheet
submitted by Keith Herring, motion seconded by George McKenzie and was
unanimously approved by 4 ayes, 0 nays.
Linda Lauck was absent when the vote was taken. 2.
Maria McConnell, Road Secretary – nothing to report at this time.
3.
Bill Connell, Road Commissioner, nothing to report except he
won’t be here next month. Bob
Petersdorf acknowledged that he would be absent
and excused. 4.
Linda Lauck, Road Commissioner – Nothing
to report. 5.
David Persons – Nothing to report but he had a question and
wanted to know if there is a time limit on driveway permits. Bob
Petersdorf stated there is a time limit and he will have Keith Herring
look into those that haven't been completed. 6.
Lee Reichel, Road
Commissioner, asked if there is a way to walk from the boat launch up to
city owned roads. He stated he
has looked the area up on RLID and couldn't make a determination. Bob
Petersdorf asked for a copy of the map and stated he knows some of those
roads are located in the city. Lee
Riechel also reported that the Planning Department is trying to get the
Montgomery Subdivision out of ALCOT. He
asked that the Road Commission distribute and review the information on
this. Bob
Petersdorf stated the Road Commission has already made their
recommendations and have walked the site.
He stated that Mike McAllister Engineering has to review and
approve it first. Linda
Lauck stated that Marilyn Miller is very concerned about the drainage and
wants to be kept informed on the progress. 7. George McKenzie, Road Commissioner - nothing to
report and stated he also would not be present at next month's meeting.
Bob Petersdorf acknowledged that he would be absent and excused. 8.
Jo Owens, Road Commissioner, nothing to report 9. Bob Petersdorf, Road Chairperson - - Stated he
wanted to thank all the members who came out and worked on Shady Lane and
they will be reimbursed for
the work and it was all done by volunteers.
He stated they also completed work on Dunes Terrace, took a couple
of trees down on Cloud Nine that were in the city right-of-way.
He also asked Keith Herring to look into who authorized the PUD to
cut some trees down and for him to look into a septic tank on H.
Adjournment Action George
Mackenzie made the motion to adjourn the meeting at The
next regularly scheduled Road Commission meeting will begin at _______________________ ______________________________ ROBERT
PETERSDORF
MARIA MCCONNELL CHAIR
ROAD SECRETARY |