.

MINUTES OF THE

DUNES CITY ROAD COMMISSION

REGULAR MEETING

APRIL 20, 2009 , 6:30 PM

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A.               Call to Order and Roll Call  

The meeting was called to order at 6:36 p.m. by Robert Quandt.  Maria McConnell called the roll call.  

Present:       Road Chairman, Robert Quandt, Commissioners:  Jerry Curran, Troy Sathe, Michael Smith.  Road Secretary Maria McConnell and Keith Herring were present.  David Bellemore, Chairman of the Planning Commission arrived at 7:05 PM .  

Jo Owen is absent and excused.  

Others Present: Road Secretary Maria McConnell, guest speaker Gary Baker of  Vali Cooper & Associates, former Road Commissioner Fred Hilden  and one member of the Community, Bill Sathe, were in attendance.  

        B.  Pledge of Allegiance  

The Road Chairman, Road Commission, Staff and citizens present joined in the Pledge of Allegiance.                  

C.  Approval of Minutes – Road Commission – March 16, 2009 and Special Meeting of the Road Commission Minutes of March 25,  2009 .  

Action         

          Michael Smith made a motion to approve the March 16, 2009  Dunes City Road Minutes as presented.  Troy Sathe seconded the motion.  The motion was carried by 4 ayes, 0 nays and the Minutes were unanimously approved.  Motion carries  

Approval of Special Meeting Minutes March 25, 2009  

 Action         

          Michael Smith made a motion to approve the March 25, 2009  Dunes City Road   Commission Special Meeting Minutes as presented.  Troy Sathe seconded the motion.  The motion was carried by 4 ayes, 0 nays and the Minutes were unanimously approved.  Motion carried.  

D.  Citizen Input  -  No citizen input.  

E.   Guest Speaker – Gary Baker – Vali Cooper & Associates, Inc.  

Rob Quandt, Road Chairman introduced Gary Baker who prepared the "Development of a Pavement Management System For Dunes City,  Oregon."  

Gary Baker was recognized and reviewed his computerized pavement management system.  Mr. Baker reviewed his years of experience and his use of sound engineering experience.  He discussed with the Road Commission how the Development of a Pavement Management System could be used as a planning tool and qualify the city for eligibility for funding procedures, such as grants.  

Mr. Baker explained how he and Rob Quandt became acquainted and together reviewed the roads and streets in Dunes City by driving through the area.  He states the city roads equate to approximately 10.38 miles and represent a 5 million dollar street investment to Dunes City .  He explained how the information they accumulated is presented in a variety of different ways and is geared to the specifics of Dunes City .  Each street section was assigned a Pavement Condition Index (PCI) reflecting its current condition.  The PCI ranges from "0" failed to "100" (excellent.)  The examples are as follows:  PCI 0-29 needs a major rehabilitation; PCI 30-49 - needs repair; PCI 50-65 is an overlay candidate or needs slurry seal, PCI 66 -100 is in good condition.   

He stated that asphalt pavements last about 20 years.  He stated that Dunes City roads are not heavily traveled and discussed typical pavement life cycle as well as the use of  chip seal vs. slurry seal.  He recommended the use of slurry seal and explained why and what it is made of and stated 95% of the Dunes City streets could be covered with slurry seal at a cost of $250,000.  He cited Fishmill Street as the most problematic.  

He referenced Page 12 regarding "Next Steps" and "Plan the Work and Work the Plan".  He stated this information can be updated at any time and adjustments can be made and recommended that the streets be reviewed on a regular basis.  Securing new funding is critical and stated this report can be a useful tool in applying for various funds, including Community Block Grants for example.  He also recommended Dunes City establish utility cut fees by creating a Street Cut Utility Fee Ordinance.  He also advised that the city needs to enforce the compaction test requirements.  

Commissioner Sathe asked what the average fee would be.  

Mr. Baker stated the fees vary from city to city.  He stated he was instrumental in creating one of the first Ordinances put in place in Sacramento , CA .  

Rob Quandt and Gary Baker discussed how contractor's are moving away from using chip seal and preferring to use slurry seal.  Chip seal has become more expensive and is not always available.  

Keith Herring asked how long it takes slurry seal to cure.  

Mr. Baker stated it is tender for up to 2 days, and people sometimes get on it too early, it can be torn up and they are temperature sensitive.  He stated the public must be educated before the slurry seal is applied so they are aware of the hazards of driving on it too soon.  It can usually be driven on by the end of the day if it is applied in the early morning.  

Commissioner Curran asked what slurry seal is made of.  

Mr. Baker stated it consists of emulsified asphalt mixed with sand and there are grades type 1 and 2.

 Fred Hilden asked if  slurry seal will correct rough surfaces.

 Mr. Baker stated it was recommended for this application.

 Commissioner Smith asked if slurry seal will give the roads a 100 rating and is it a better weather proofing material then chip seal.

 Mr. Baker stated you have to consider road deterioration and stated chip seal is better for high rain areas.  He stated the slurry seal would give the roads a 100 rating average.  He did advise that the City needs to assign someone to be very active  in observing the city's public works infrastructure and have a  dedicated resource to that effort.  He stated that any future development that takes place, stringent street design and construction standards in the truest sense must be applied.   

Mr. Baker referenced the alphabetical data included in his presentation that listed all sections within the Pavement Network.  He stated the information provided includes physical parameters, current PCI, the next scheduled activity, the year it is scheduled for activity and the associated cost.  

Chairman Rob Quant thanked Gary Baker for his excellent work and for giving us a foundation to build on that has put the Road Commission ahead of the curve.  He stated this is a revolving system and the Road Commission will  need to resolve some of the issues contained in the report and he looks forward to hearing from Mr. Baker in the future.  

Fred Hinden stated there is lots of moss and debris on the streets and asked  what is a good cleaning process?  

Mr. Baker recommended that the city set up a program that periodically cleans the streets quarterly.  He stated that pavement edge cracking is caused by ponding along the roadways.  He stated that regular maintenance of the road is your best bet as patch and repair is the most expensive thing the city will do.  

Commissioner Troy Sathe thanked Gary Baker for his report and gave him his email address as he would like to continue discussing road issues with him.  

F.  Unscheduled Agenda Item  

Chairman Rob Quandt informed the Road Commission that Road Commissioner Fred Hinden has taken a position with city staff and will no longer be able to serve on the Road Commission.  

Fred Hilden stated it was a tough decision but the opportunity for him to work for the city was a good opportunity for him at this time.  He stated he has incredible office skills feels he can contribute more to the city as a member of the office staff.  He stated he will also be resigning from the Conservation and Budget Committees.  He thanked the Road Commisison for having his as a member and stated he has enjoyed working with all of them.  

 F.    Unfinished/Old Business  

(1)  Vote and approval of 2009 – 2010 Road's Commission Budget  

Chairman Rob Quandt reviewed the line items on the budget and noted some changes.  He recommended that on page (8) nos. 20 and 27 be increased to $750.00.  He stated that the increase will be to the city's benefit.  

Keith Herring stated that he felt that left a lot of cushion.  

Chairman Quandt stated that it doesn't have to be spent.  

Action  

Motion to approve made by Commissioner Michael Smith, motion seconded by Jerry Curran to  approve 2009 – 2010 Road Commission Budget with the inclusion of the change on item 20-28 be increased from $150 to $750, motion seconded by Commissioner Jerry Curran.  Approved by 4 ayes 0 nays.  Motion carried.  

(2)  Review and Recommendation on the Draft Stormwater Ordinance  

Chairman Rob Quandt asked the Commissioners if they would like to hold a special meeting on the Draft Stormwater Ordinance.  

Commissioner Troy Sathe stated he had only one item to discuss.  

Chairman Quandt stated the Road Commission would continue the review.  

Commissioner Troy Sathe questioned Chapter 99.25 – financial liability wherein it is required that a surety bond be required for all projects.  He stated that the homeowners usually have their own bond covering construction.  He stated that the cost of a surety bond for a $20,000 contract would cost a contractor $700.00 which he feels is an excessive cost.

 Planning Commissioner Bellemore stated a surety bond ensures the city that the contractor will perform his contractual obligations as specified under the bond.  It is done as a guarantee that the work will be done correctly.

 Commissioner Michael Smith stated there is a lack of definition of development as questioned if it applies to construction liability or homeowner liability.   

Commissioner Troy Sathe stated that in his discussion with Ray Wells and Gary Rose of Leisure Excavating they have never had to obtain a surety bond to work in Dunes City in the past.  

Maria McConnell advised the Road Commissioner that surety bonds are already required in the Dunes City Codes (§151.047 and §155.2.4.300) as well as being listed in Dunes City 's Bidding process as a requirement.  In reviewing various other city's codes, surety bonds are commonly required.  

She stated that the Stormwater Ordinance is to present the rules and regulations that the city requires to be adhered to and the Stormwater Manual lays out the technicals and mechanicals of how to best apply the standards set forth in the Ordinance. 

Mr. Bill Sathe, a member of the audience, stated that the general contractor's bond that he carries will cover anything that he fouls up in construction.   

Commissioner David Bellemore stated that a licensed contractor's is always bonded.

Commissioner Michael Smith asked if the Contractor's Board already requires a contractor to carry a bond, then what is the benefit of a surety bond?  

Commissioner David Bellemore stated the General Bond he carries is in case of the contractor being sued for the overall job.  The surety bond is specific to this particular stormwater project and ensures that he builds things specifically to the specifications as required by the city.  It is to protect the city.  

Discussion ensued regarding surety bonds.  Commissioner Troy Sathe asked that a Special Meeting of the Road Commission be set to further discuss this topic.  

Chairman Rob Quandt advised the Commission that there will be a Planning Commission Public Hearing meeting on April 30, 2009 regarding the Ordinance.  He recommended that the Road Commission make a motion to approve/amend/disapprove the Draft Stormwater Ordinance before that date.

Fred Hilden questioned Chapter 99-30 - Exemptions and the 500 sf requirement.  He also asked who the Health and Safety Inspector would be and how would the city finance the position.

David Bellemore stated that this position could be filled by a part time civil engineer and recommended a resident, Dennis Smith, who would be available on a "as needed" basis if necessary as a contract employee.

Commissioner Michael Smith stated that he agreed with the points made by Fred Hilden.  He stated his question also regarded the 500 sf exception.

Maria McConnell stated that the 500 sf minimum was a part of the original Stormwater Ordinance that was reviewed on 7/2/07 and was presented by LUBA and was included in the current Stormwater Ordinance as requested by staff. 

Chairman Rob Quandt reiterated that the Stormwater Manual contains the technicals and specifications and in order to define what those are, you need to be an engineer in order to make the appropriate calculations.  The Health and Safety Inspector would have to fill that role.  He recommended that further discussion of the Draft Stormwater Ordinance be deferred to a special meeting in order to discuss it in more detail.

Commissioner Jerry Curran stated that he felt the Commissioners were mostly in agreement with the exception of Chapter 99.25.  He recommended the Road Commission meet again on April 27, 2009 for a Special Meeting.

The Road Commission, by consensus, agreed to hold a Special Meeting  on April 27, 2009 to further discuss Chapters 99.25 and 99.30.

3.  Discussion and Review of revised Driveway and Access Permits.

Chairman Rob Quandt presented examples of new Driveway and Access Permits for the Road Commission review.

David Bellemore advised that the approval of a permit needs a system where one person approves the permit.

Chairman Rob Quandt stated that the driveway location must be approved by the Road Commission. 

David Bellemore stated it must be approved by consensus and to have 3 approval signatures on the permit, you might want to ask our legal staff.

He recommended that perhaps the Road Secretary would approve the permit after she has received input from the Road Commission.  He stated that having 3 members of the Road Commission discussing the one permit is in violation of public meeting laws.

Commissioner Michael Smith suggested that in the best interest of the city, maybe developers will just have to wait until all the reviews are completed by the Road Commission and staff.

Chairman Rob Quandt stated he would like to remove this item from the agenda until he has additional time to review and it will be presented at another meeting.  He stated he will reword the permit and change the 3 signature lines.

4.  Temporary Right-0f-Way Permit - Approval of Cloud Nine Road Permit for PUD.

Chairman Rob Quandt recommended that the Temporary Right-of- way Permit that is used by the Public utilities for vegetation removal and trenching be re-worded to include language that will protect our streets.  He cited a recent incident on Erhart Road where the roadway was damaged by the PUD and after speaking to Robin Reed at the PUD, she stated it was the homeowners or the city's responsibility to repair the street.

Commisison Troy Sathe referenced the street utility permit mentioned by Gary Baker and felt the city should adopt it.

Chairman Rob Quandt discussed the Cloud Nine Road PUD request that is currently under review and asked if that permit should be delayed until after the April 27, 2009 meeting.  He stated that additional language needs to be incorporated to protect the street. 

Action

Commissioner Michael Smith made the motion to table this permit until the April 27, 2009 Special Road Commission meeting, motion seconded by Commissioner Troy Sathe and approved by a 4 ayes and 0 nays.  Motion passed.

Commissioner Troy Sathe, made the motion that the Road Commission create a new utility access permit to be presented at the April 27, 2009 meeting to be utilized for all future utility installations, motion seconded by Commissioner Curran.  Motion approved by 4 ayes, 0 nays.  Motion carried.

G.  New Business

       No new business.

 

H.  Unscheduled Items Not Listed on Agenda

                This item was moved to Item (F) on the agenda.

 

I.    Reports

 

Keith Herring turned in his Inspector of Roads Log Sheet dated from 3/2/09 through 3/31/09 .  His log reflected 6 days during that time that he ran roads in Dunes City .  He reported that he cut some limbs on Erhart Road .

 

Commissioner Troy Sathe asked Keith Herring if he seen anything worth mentioning.

 

Keith stated there were no problems and that he gave Rob Quandt a list of roads that need sweeping which adds to the maintenance problem of moss and leaves decaying on the roads. 

 

J.  Adjournment

 

     Action

 

       Commissioner Curran made the motion to adjourn the Road Commission meeting at 9:20 pm , motion seconded by Commissioner Michael Smith and motion passed by 4 ayes and 0 nays.  Motion approved.

 

The next regularly scheduled Road Commission meeting will begin at 6:30 p.m. on May  18, 2009 .

 

___________________________    ______________________________

ROBERT QUANDT                                     MARIA MCCONNELL

CHAIR                                                           ROAD SECRETARY