Moratorium Support Committee Meeting

6.7.06

 

Attendees: Darlene Beckman, Marv Beckman, Ralph Farnsworth, Susie Navetta, Audrey Farnsworth, Rick Cox, Dave Davis, John Stead, Gerry Wasserburg, Eric Hauptman, Richard Koehler, Johan Hogervorst, Dan Scarrberry, Karen Peck

Guests: Gary Darnielle, Denise Walters, Mark Cherniak

Began meeting at 7:05pm

Johan asked for additions or corrections to the minutes that he sent out from last week’s meeting.  It appears that all problems with mailing list are fixed and everyone received the minutes and agenda.

Began meeting with introductions of committee members, audience members and guests.  Johan asked if any attendees had any questions concerning the qualifications of the LCOG employees or Mark Cherniak.  Denise was asked if she had any experience with lake associated cities and her answer was no, but she could study up on other city ordinances that apply.  Mark mentioned that Cape Code has several lakes and he could do some research on what they are doing.  At one point, Gerry asked Mark if he could do any work on the fertilizer ordinance that we would like to draft and he said yes.  At one point, Gerry clarified that Mark would be contracting with Dunes City for the agreed upon work, not a small group of private citizens as he did for the moratorium findings of fact. 

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NOTE:  In a later conversation with Mark by e-mail, Chair Hogervorst discussed Mark’s rate with him and asked if working for the city at $40/hour was appropriate, seeing as this was a special rate for non-profit groups.  Mark said that he was not originally aware that he would be working for the city and would ordinarily charge $50/hour.  Mark did not push this at all, but Johan stated that the city should pay him what he would ordinarily charge and would specify such in the official letter he would be sending Mark, after committee approval.

We then began working through a list of topics Johan had prepared with the goal of defining roles of the contracted professionals and the scope of work that was required to begin ordinance revision.  The first list was the existing documents that would need to be used during the revision:

It was pointed out by Gerry that the Council needs to approve what are the official documents so as to avoid confusion before we even start revising anything.  Without this, there will be mass confusion.  The list we have to date includes:

1.     Dunes City Comprehensive Plan (Sept 1997)

2.     Existing Chapters 155 and 156 as updated by Gary/Joanne

-         Gary discussed that the official set of ordinances was still being identified by city staff and would take some time to get in order.  Action:  Johan agreed to check with Joanne on this process

3.     Master Road Plan – needs to be reconciled with city codes

4.     CCI Concerns from last ordinance revision – by using the existing ordinances, about half these concerns will be resolved.

5.     Compiled BMP info from Troutdale, Tahoe and Curry County

6.     TGM Model Development Code, 2nd edition

We discussed the 6 priorities with the professionals:

Priority #1 – BMPs for erosion control, surface water runoff and vegetative stabilization.  Additionally, fertilizer ordinance, mitigation bonding for development and impervious surfaces.  Gary advised the committee to look at Curry County ’s ordinances for recent low impact development ordinances that may help with these BMPs.

With regard to ordinance revision, the group discussed the best way to interface with Denise Walters and to make this revision a public process.  We decided to make a list of the ordinances that need work by June 21st and provide it to Denise.  Johan will be the liaison to Denise and the committee will work in subcommittees that report to Johan.  Denise will work on drafts of the ordinances and will feed back to the MSC.  Once a final draft is decided upon, two weeks notice will be given for a public hearing and the draft will be made available to the public.  After review, the draft will go through the Planning Commission and then to the Council for approval.  The MSC will be designated a CCI Committee to make the process fit with public meetings law.  Action:  Johan, outline process to Council and get approval for a CCI

Priority #2Implementation of Ord. 173 Gary discussed the database needs of the city and heard from Will at LCOG that the full job would cost $10,000.  Action: Johan inform the City Council of the cost and see if the Council wants to amend the budget for 2006/07.

Priority #3 – Higher Septic Standards – Mark Chernaik will be contracted to do this priority.  Mark shared in detail what he would be doing and how he would do it.  He discussed that if you add a filter to a standard system approved by DEQ, it does not require a separate approval by DEQ.  His objective is to come up with standards that 1) are consistent with the law, 2) are not cost prohibitive, and 3) have no unintended negative consequences.  Mark asked for information in three areas: New home prices, names of septic installers and the number of households with dishwashers.  Mark explained the effect of dishwashers on phosphorus levels into a septic tank.  Eight grams are delivered each time a dishwasher is run with standard dish washing detergent.  Action: Johan will send Mark an official letter, agreeing to the estimate for hours and cost as discussed.

Priority #4 – Educational Outreach – Efforts are on-going.  Susie handed Johan a copy of the latest sub-committee meeting minutes.  They are still planning for the August 19th Water Quality Fair.  This subcommittee is still researching the cost of sending out LCOG’s spiral bound septic publication and Gary told us that we should be able to get as many from LCOG as we need.

Priority #5 – Lake shore survey – Will occur in July.  A similar road survey is very needed, but this will likely need to be tabled until after the moratorium.  LCOG has a road layer that can help with this effort.

Priority #6 – Documentation – minutes and ongoing reports.  Action: Johan will present a summary report at the next City Council meeting.

The group then went through several questions to be answered as part of setting up the program of work for the professionals.  Some highlights are as follows:

3. What are the roles of the volunteers working on the MSC?  Volunteers will work in subcommittees to assemble various aspects of the ordinances for Denise to work on.  Action: John Stead will assemble existing information for the list of items to eventually be submitted to Denise Walters by the 21st of June.

4. How do we want the document to look?  We will use the existing ordinance structure but will likely have a separate chapter for water quality.  We will use a legislative change format that shows the old and new code side by side so that anyone can see what has changed.

7. Define the inter-governmental agreement…?  Once we have a list of duties assembled, a scope of work will be developed from this list.  LCOG will then be able to tell us what can be accomplished with the funds available.  We will then sign an inter-governmental agreement that will put LCOG under contract with Dunes City.

8. What are the most expensive aspects of the LCOG work?   Travel to meetings.  Gary will do some of the legal work up front under his regular time for the city and will do work at the back end of the work under grant dollars.

 9. We had a discussion about BMPs that might be available from Denise Kalakay or Pamela Wright (DEQ).  Action: Johan will call Pam Wright at DEQ to ask about what she may have for example BMPs.

 10. How do we approach the procedural aspects in our codes…?  Gary mentioned using the Model Development Code.  Action:  Denise will lay out some options to consider for procedural aspects of the code.

 15. What are we doing with PUDs?  Minor partitions?  PUD section needs to be rewritten.  It can’t be eliminated given that it is in our Comp Plan.  According to state law, there’s no difference between a major and minor partition.  According to Gary , this section of our code needs a wholesale change.  Gary will work on this.

 Meeting Adjourned 10:07 pm

 

11 active members X 3 hours = 33 hours x $18/hrs = $594

 

Notes assembled by Johan Hogervorst, June 12, 2006