Author: Richard

MINUTES
DUNES CITY COUNCIL MEETING
February 12, 2009 - 7:00 PM
City Hall – 82877 Spruce Street 97493

1.	Call to Order and Roll Call

Mayor Eric Hauptman called the Meeting of the Dunes City Council to order at 7:00 p.m.  Amy Graham, Dunes City Recorder, took roll call.
 
Present:	Mayor Eric Hauptman, Councilor Susie Navetta, Councilor Robert Quandt, Councilor Richard Koehler, Councilor Peter Howison, Councilor Rebecca Ruede, and Councilor Jamie Mills.  

Others Present:  City Recorder Amy Graham, Planning Secretary Lisa Ekelund, and 15 members of the community.  City Attorney David Allen of Macpherson, Gintner & Diaz attended the executive session via telephone.

2.	Pledge of Allegiance

The Mayor, city council, office staff, and citizens present, joined in the Pledge of Allegiance.

3.	Consent Agenda

	City Council meeting minutes from 01/08/09 & 01/15/09

Councilor Mills moved that the action items be in bold and in italics.  

The Council discussed possible options on formatting and content of the minutes.

Councilor Quandt seconded the motion to have action items in bold and in italics.

Councilor Koehler requested to amend the motion to not include italics and councilor Navetta seconded.

Councilor Mills concurred with the amendment.

After unanimous vote of 6 ayes and 0 nays, the motion carried.

Councilor Koehler moved that we accept or put in the minutes all reports that are given to the recorder in text form or those reports in synopsis that are told in council.  Councilor Ruede seconded and after unanimous vote of 6 ayes and 0 nays, the motion carried.
Councilor Navetta stated the action items were meant to be on the agenda and not in the minutes.

	Bills of the session through 02/10/09
	Receipts of the session through 02/10/09
	Revenue expense report

Councilor Koehler made the motion to accept everything on the consent agenda and Councilor Howison seconded.

Councilor Navetta asked to pull out the bills and receipts of the session.

Councilor Koehler withdrew his motion.

Councilor Howison moved to approve the consent agenda after pulling out the bills and receipts of the session.  Councilor Quandt seconded the motion.

Councilor Howison amended his motion to take out the minutes of 1/15/09 and Councilor Quandt seconded.  After unanimous vote of 6 ayes and 0 nays, the motion carried.

Councilor Mills stated on page 9 of 12 in the minutes she believed she had requested a roll call vote and it was not listed.  

Mayor Hauptman directed staff to review the tape to verify if a roll call vote should be added.

Councilor Howison moved to approve the 1/15/09 minutes with the potential change of a roll call vote and Councilor Koehler seconded.  After unanimous vote the motion carried.

Councilor Navetta said in the bills of the session she would like to know what the Oregon Travel Information Council is.  

City Recorder, Amy Graham said the Oregon Travel Information Council is a yearly fee the city is charged for the Kiosk Program.

Councilor Navetta said she is satisfied with the City Recorders answer.

Councilor Koehler questioned who The Dyer Partnership and who Mr. Larry Lewis were.

Mayor Hauptman clarified who The Dyer Partnership and Mr. Larry Lewis were.

Councilor Mills asked if all items listed are in budgeted amounts and if the city has the money to pay them.
Mayor Hauptman said everything looked normal.

Councilor Mills questioned if money needed to be moved and Mayor Hauptman said no.

Councilor Howison moved to approve to pay the bills of the session and Councilor Navetta seconded after vote 5:1 the motion carried.

Councilor Navetta said she has a question about the receipts of the session.  Councilor Navetta questioned if only 2 septic payments had been made in the month. 

City Recorder, Amy Graham said yes that Councilor Navetta is correct.  Amy Graham said city received approximately 5 payments yesterday.  Amy Graham also said letters have been sent out to those properties who have not complied.

4.	Announcements / Correspondence

	The Mayor announced the artist this month is Betty Romero.  Mayor Hauptman also announced the office will be closed to the public and council on 02/24/09 because the staff will be working on information management.

5.	Guest Speakers

	Bret Feingold 5232 Berry Lane Florence OR. 

Mr. Feingold spoke of the Dunes City addendum to the Florence Disaster Plan.  Mr. Feingold explained the necessity of having hazard mitigation planning. 

Councilor Mills moved to adopt Resolution 2-12-09 (A) adopting Dunes City Representation in the City of Florence Multi-Jurisdictional Natural Hazards Mitigation Plan and Councilor Navetta seconded stating her second was for the sake of discussion.  

Councilor Navetta said she happened upon this addendum over the internet and that it speaks of committees she's never heard of.  Councilor Navetta said she didn't know why they were here.  

Councilor Koehler suggested the council look the resolution over closely to see how it helps Dunes City as there are things involved in the area that could be problematic such as the bridge that would isolate the citizens from Florence.

Councilor Howison said the city appointed Mr. Feingold to these committees.  

Councilor Mills said Mr. Feingold has made several presentations to the City.

Councilor Navetta said she attended one meeting and there was no further input from Dunes City.  

Councilor Howison said Mr. Feingold came in several months ago but the agenda item was pushed back.

Councilor Quandt said on page 118 there is an action item he questioned.  

Mr. Feingold said the resolution allows the city to go out and get grant funding.  Mr. Feingold said he provided the entire plan on disc to the City Recorder.  Mr. Feingold reiterated this resolution will allow the city to receive grant money.  Mr. Feingold said Western Lane Emergency Operations System has a meeting every month. 

Councilor Howison asked if there is anything controversial on how the resolution is written and Mr. Feingold said no and if the City changed it, it wouldn't make a difference.  Mr. Feingold said there is the possibility that the City would need to start the process over and the City may miss out on the funding.  Mr. Feingold said this was a 2 year process by people from the University of Oregon and from FEMA.

Councilor Navetta said the city only has a tiny part of this and how could they approve it.

Councilor Quandt said the items that do not relate to Dunes City do not matter and the City does not need to use funds for those items.  Councilor Quandt said the addendum addresses the bridge and he has no problem with it.

Councilor Koehler commented on all cities involved.

Mr. Feingold said this encompasses the Siuslaw Rural Fire District and Dunes City is included.

Councilor Ruede said she would like to know when the next meeting will be and she would be happy to attend. Mr. Feingold said he would email her.

Mayor Hauptman called the original motion to question and after vote of 4 ayes, 1 nay, and 1 abstain, the motion carried.

	Mark Chandler regarding water monitoring

With graphic assistance from Mr. Ralph Farnsworth, Mr. Chandler quoted from the Dunes City Comprehensive Plan stating how the water quality committee began.  Mr. Chandler then gave history of the water monitoring activities and results since the year 2000.

	Margaret Hammer 5215 Boy Scout Rd. 

Ms. Hammer said she was in support of the resolution Mr. Rand Dawson
is presenting regarding comprehensive healthcare reform.

	Rand Dawson 82820 Siltcoos Station Rd.

Mr. Dawson stated he is part of a community group task force that has been active for 2 years in regards to comprehensive healthcare reform and read statistics in regards to healthcare.

With graphic assistance from Mr. Mark Chandler, Mr. Dawson gave a slide show on insurance statistics.

Mr. Dawson explained the bargaining ability with pharmaceutical companies.

Mr. Dawson said problems with heath care are expanding, the solution is simple, and reform is necessary and offered to answer any questions.

Councilor Koehler asked what Mr. Dawson thinks the issue is with people not wanting to go into debate in regards to this.

Mr. Dawson said there is a lot of ideological baggage. 

Councilor Howison moved to accept resolution 2-12-09 (B) a resolution urging enactment of comprehensive national health care reform and insuring honest, fair health care reform debate. Councilor Koehler seconded the motion.

Councilor Howison said it is surprising for him and what he sees people going through with the current system.

Councilor Mills said a fair and equitable debate is warranted.

Councilor Ruede thanked Mr. Dawson for his presentation.

Mayor Hauptman called the motion to question and after unanimous vote the motion carried.

The Mayor called for a recess at 8:33 p.m. for the Council to go into Executive Session

6.	Executive Session

	The Council held an Executive Session meeting in conformance with Oregon Revised Statutes 192.660 (2) (h), to consult with legal counsel regarding litigation.  

The Council came to a general consensus.

Mayor Hauptman closed the Executive Session at 9:30 p.m. and called for a 10 minute recess.

Mayor Eric Hauptman reconvened the meeting of the Dunes City Council to order at 9:40 p.m.

7.	Reports

	Mayors Report

Mayor Hauptman spoke of needed funding and announced Mr. Ralph Farnsworth and Mr. John Stead have applied for the Revenue Committee.  Mayor Hauptman invited Mr. Norman Martin to apply and Mr. Martin said he would look into it.  Mayor Hauptman said he would like to see the first meeting no later than March and thanked Mr. Farnsworth and Mr. Stead for their volunteerism.

Councilor Navetta made the motion to appoint Mr. Ralph Farnsworth and Mr. John Stead to the Revenue Committee.  Councilor Koehler seconded the motion.

Councilor Mills stated she didn't believe there was a Revenue Committee.

Councilor Howison said there was a technical glitch in December but it was verified by the City Attorney that the Revenue Committee was enacted.

Councilor Quandt made the motion to appoint Councilor Mills to chair the revenue committee.  Councilor Howison seconded and after unanimous vote the motion passed.
 
Councilor Howison made the motion to appoint Mr. Ralph Farnsworth and Mr. John Stead to the Revenue Committee and was seconded by Councilor Quant.  After unanimous vote the motion carried.

	A report was given by Councilor Navetta on behalf of the Community Center and Police (see exhibit A)
	A report was given by Councilor Howison on behalf of the Conservation Commission (see exhibit B)
	A report was given by Councilor Ruede on behalf of the Parks and Recreation Committee (see exhibit C)
	A report was given by Councilor Quandt on behalf of the Road Commission (see exhibit D)
	A report was given by Councilor Mills on behalf of the Site Review Committee (see exhibit E)
	A report was given by Councilor Koehler on behalf of the Water Quality/Communication/Education Committee (see exhibit F)

Councilor Koehler made the motion to remove or vacate the seat of Mr. Rick Cox and was seconded by Councilor Navetta after vote 5:1 the motion carried.

Councilor Koehler made the motion to search out a new member that has the commitment for the water quality commission as soon as possible. 

Mayor Hauptman stated that there is a vacant seat and a motion is not required.

	A report was given by Lisa Ekelund on behalf of the Planning Commission (see exhibit G)

Lisa Ekelund thanked Mrs. Judy Johnson for her volunteerism in the office and expressed great appreciation for her help.  City Recorder, Amy Graham agreed and stated her appreciation as well.

8.	New Business

	Ordinance Review Committee

Councilor Howison explained the need for an Ordinance Review Committee.  Councilor Howison stated there is some fine tuning needed with the septic ordinance to make it more user friendly for the citizens without changing the overall purpose of it.  Councilor Howison stated a committee to address such issues is needed.

Councilor Koehler said the water quality committee has brought up the septic maintenance ordinance topics and stated the suggestions from water quality is important.

Mayor Hauptman said perhaps a person from the water quality committee should be appointed to the ordinance review committee.

Councilor Howison said it would be most proper to advertise the creation of the new committee.

Councilor Koehler said he thinks this committee is going to be a very large committee and there is problem in the codes going back as far as 1972 that need some serious work in looking over the amendments of all of the ordinances.  Councilor Koehler applauds Councilor Howison's effort but this is not just going to amend two ordinances, but rather all ordinances.

Councilor Howison said there are relatively simple fixes for the two ordinances and they need to start the process of amending some of the ordinances.  Councilor Howison said maybe two committees were created as in one for septic and one for erosion control.  Councilor Howison said he would like these committees appointed next month.

Mayor Hauptman directed the City Recorder to put an ad in the newspaper for an ordinance review committee.

Councilor Koehler stated he thinks the opportunity to correct these two ordinances is just the beginning.

9.	Unfinished / Old Business

	Atkeson Property Map / Tax Lot 19-12-27-40-02200 Council Discussion

Councilor Howison said this issue was brought before the attorney and he suggested the city go though the nuisance procedure.  Councilor Howison said he believes it is a good idea they proceed with the nuisance procedure.  Councilor Howison stated going through the nuisance procedure allows staff to account their time.  Councilor Howison spoke of the nuisance procedure and that the site review committee determines if it is a nuisance and recommends to the council.  Councilor said if they follow the ordinance it would make it easier to protect the water quality.  

Councilor Mills asked Councilor Howison to clarify the provision in the ordinance in which he spoke of.

Councilor Howison said read DCC 91.10 (b).

Mayor Hauptman said it was difficult to get anyone on the property in the first place and questioned if the site review committee could just approve previous reports.

City Recorder, Amy Graham said she spoke with the City Attorney.  Amy Graham said the City Attorney recommends the Site Review Committee review previous reports because of the difficulty in receiving permission from adjacent property owners to allow travel through their property to access the property in question.

Councilor Koehler said he was wondering if Councilor Howison could make a motion.

Councilor Howison made the motion to go ahead and proceed to use the nuisance ordinance 176 with regards to the Atkeson property as well as other shoreland protection complaints.  Councilor Navetta seconded the motion.  After unanimous vote the motion carried.

Mayor Hauptman asked if we are going to wait for the site review committee to come up with a resolution. He said that we can not abate something that is already done. Now we must deal with the issue of unpermitted structures.

Councilor Howison said that there has been a recommendation from the conservation committee.

Councilor Ruede said she would like to go see the property.

Mayor Hauptman said that it would be okay for Councilor Ruede to go see the property if the owners cooperate and she is allowed on it.

Councilor Mills said that on behalf of the site review committee they were willing to take it on and come back with a recommendation that might work for everybody.

Mayor Hauptman agreed and suggested that the conservation committee get contact numbers through the office.  After the committee looks at the property they will bring back a recommendation.  

Councilor Howison said that before a decision is made that it would be nice for the city to get reimbursed for its cost.  He stated that there are several ways of dealing with this issue.

Mayor Hauptman said that perhaps we need to obtain an engineer to advise us as to what needs to be done to bring the property into compliance. 

Councilor Howison stated that the reason we need the site review committee is so we can follow the rules of our nuisance profile.  He said the City Council needs to study the information provided in order to come to a decision, unless there is a negotiated settlement.  They now have a lawyer and it is possible that something reasonable will be negotiated that protects the lake and remediates the problem.

Councilor Koehler said he would like to recommend that the planning department look into similar instances with Lane County Land Management to help avoid any misunderstanding and interference where inter-governmental agreement and cooperation between Lane County and Dunes City is concerned.  He requested copies of the plans in order to understand better what is going on at the property.  
    10.  Unscheduled Items

Councilor Mills asked that the appointment to the chairmanship for the revenue committee and appointment to the committee of the members be placed on the next calendar agenda for consideration at that time.

Councilor Mills asked that everyone save box tops/labels for education and place them in the box located at Dunes City Hall office.

11. Adjournment

Councilor Howison made the motion to adjourn and Councilor Ruede seconded.  After unanimous vote, the meeting adjourned at 10:52 p.m.

=============  [reports]  =============

Dunes City Conservation Committee Site Review

January 28, 2009
83501 Jensen Lane	Complaint of vegetation removal in Shoreland .Area.
Present: David Bellemare, Fred Hilden, David Dumas, Cynthia Chandler, Lisa Ekeland, Planning Secretary Dunes City.
Observations of Shoreland Area:
•	15 stumps in front of house area and all other trees were limbed upwards to 20'.
•	Virtually no plant growth within the shoreland area in front of the house. Evidence of vegetation being cut to the ground level.
•		Debris piles of huckleberry, rhododendron, salal and ivy on the hillside.
•		Approximate 15' high, 75 degree cut in bank below the existing deck toward the lake, with definite potential erosion problems evident, which could impact the safety of the deck stability.
•		Two open burn areas within 10' of the lake, below high water mark 
•		One fire pit within 15' of lake.
•		Flotsum line - seems to identify high water mark approximately 15' from Siltcoos Lake edge.
•		Large limb in lake water next to dock.
•  		Obvious mowing of grass within the shoreland and high water area.
•		Vegetation debris piles in the high water and shoreland areas and treated wood noted lying in high water area.
Concerns:
•		Question as to where shoreland 50' setback is located, perhaps includes the cutback up to the deck.
•		Permits for vegetation removal were not evident, thus no site map.
•	 	Clearly more than 25% of trees and native vegetation removed in Shoreland area. 
•		Research on the Lane County maps site, shows that the whole area that has been cleared and probably up to the deck of the house, is in the overlay flood zone.
Recommendations:
•	Educate resident as to optimal care of our shoreland, flood zone and high water areas.
•		Education on vegetation removal, tree limbing and replanting suggestions. Design a re-vegetation plan i.e. plant 6-10 trees and allow a11 vegetation to re-grow up to 3 ft: high. Perhaps supplement with ferns, salal, etc. (There is a free native plant give away in February.)
•		Education on no mowing, no burn piles and no fire pits m the shoreland areas and designate a limited path; for access to the lake.
•		An application & permit should be obtained for the vegetation removal, to include site mapping, and any other permits or variances deemed necessary by Dunes City planning.
•		Per old or new survey, the Shoreland 50' setback, flood zone overlay and high water line should be identified.
•		Potential need for silt fence or engineered retaining wall to protect shoreland setback from erosion and protect the house from flood and erosion impacts.
Respectfully, Cynthia Chandler for Peter Howison Conservation Committee

DUNES CITY COUNCIL PLANNING DEPARTMENT STAFF REPORT February 2009

The last planning commission meeting was held on January 22, 2009 where Marilyn Miller and Dennis Smith (the most recently elected commissioners) were sworn in. Commissioner David Bellemore was elected as Chairman and Commissioner Ken Platt was elected as Vice-Chairman.
The topics covered were the approval of the December minutes which were unanimously accepted as submitted.
The commission discussed the vegetation inventory violation on the Friend property. The City Recorder stated the office received a telephone call from Mrs. Friend who stated she will be putting the inventory in the mail that day. Incidentally, the planning secretary received a message from Mrs. Friend on 01/27/09 regarding a letter she will be sending. The planning secretary returned her call and is waiting for a response.
The commission discussed the placement of a dock that is not in compliance with Dunes City Codes. The commission voted to notify the owner of the dock of their requirements to either apply for a conditional use permit or have the dock removed within 90 days.
The commission discussed the Atkeson property violations where they unanimously voted to accept the planning secretary's staff report as written.
In the month of January as of 01/27/09, Dunes City issued 2 electrical permits, and 1 building permit for the installation of a pellet stove.

Police Report January 2009
1/21/09 - Dog Complaint by Sabry Mason, 5196 Russell Drive (997-6872), against the Mr. and Mrs. Sherman, 5236 Russell Drive (997-8130). In a letter Dr. Mason states the dog came on his property and viscously attacked him. He used a broom stick to defend himself, when it broke he used pepper spray and then retreated into his home. I called Mrs. Sherman and she assured me that her dog has not been off of the property. She said her dog is licensed and fenced. Her dog is also on a collar and is wand controlled. She reminded me there was a similar complaint last February and that she had been careful not to let the dog from her sight. I called Dr. Mason, he said he had not seen the dog since he sent the letter and he thought my call to Mrs. Sherman would do take care of the matter.

Parks and Recreation Commission
Report for February 12, 2009
Rebecca Ruede, Chairperson

The minutes of the previous meeting dated January 13, 2009 were approved and filed with the city recorder.

We have $4,000.00 left in this fiscal year’s RURAL TOURISM MARKETING PROGRAM (RTMP).  These funds are funneled from Lane County to promote tourism in rural areas.

We plan to participate with the April 4^th clean up scheduled for City Hall.

We looked at photos of our existing parks, BYRD PARK, PETERSDORF PARK AND THE OVERLOOK PARK and discussed needed repairs.  

We discussed the need for a central gathering area for community.  Targeted areas discussed were
1.	City hall
2.	The overlook
3.	Lane County’s dock area

Discussion included looking at how much area could be reclaimed by brush removal in the City’s parking lot and approaching adjacent land owners regarding their interest in giving input to the City’s long range planning.

The Commission will hold 4 regular meetings per year and call work parties as needed.  The next regular meeting of the commission is scheduled for April 16^th 2009

Dunes City Roads Department Report to the City Council February 12, 2009

The Dunes City Roads Department has an energized Commission and an ambitious set of goals that are intended to create a more organized system for its Citizens and future department stewards. Some of the topics discussed at the January Roads Commission meeting were:
1) Creation of institutional memory
2) Creation of procedures and protocol
3) Creation and implementation of a document control system
4) Creation and implementation of a Pavement Management System
We need to leverage better organization and efficiencies to continue improving our road system with significantly less funding.
With the county's decision to stop distributing timber revenues to cities for funding city roads programs, it's become very important to spend our money wisely with a strategy that goes beyond a single year plan and includes the maintenance requirements of all of Dunes City's road inventory. We also need to know what maintenance is required over the next 5 years to allow us to plan ahead and have time to prepare grant applications for the coming year. With the loss of revenues, pursuing grants will become a priority. We need to know what type of maintenance is required where and when, in advance. How do we do this? We get organized like other cities and use a computerized Pavement Management System to help us make decisions on maintenance and where we can get the best bang for the buck. Cities use these systems as decision tools. The formulas behind the Pavement Management System are based on known pavement degradation curves. These curves are used in formulas to forecast maintenance needs of the City's road system allowing administrators to make more informed decisions on how and when to spend their shrinking budgets. Funding requests based on systems like this have more legitimacy in the eyes of funders. The ability to quickly accurately and professionally submit grant requests will expand our funding opportunities.
We are lucky enough to have a Pavement Management System expert who has volunteered to put together a program for Dunes City. His name is Gary Baker he has created these programs for other cities and has heroically volunteered to put one together for us, for free. I've been working with him for a couple of weeks now in the initial street inventory assessment and he has completed the base system today. Gary's hard work on the Dunes City Pavement Management System will be presented at the February 23^rd Roads Commission Meeting. In addition, Gary has generously offered to demonstrate this Pavement Management System at a future Council Meeting if desired.
These Roads Commission goals are to create an accurate and efficient structure that can be passed from administration to administration while giving us the tools we need for effective road maintenance and improvement today.
Update on Stimulus fun
As of today cities under 5000 population will not be considered unless they contain major collectors. Dunes cities Major collectors are under the jurisdiction of the county. I have been in continuous contact with ODOT and I will keep lobbying for my submissions for our road system system to be considered.

Site Review Committee Report  January 2009

Woahink Drive (May) property: 4n January 19, 2009, Jamie Mills, Susie Navetta, Amy Graham and Lisa Ekelund did an on-site visit of the Rodney May property. A full report, exclusive of pictures, is attached hereto.
Buckskin Bob (Peterson) property: On January 19, 2009, Jamie Mills drove by the Peterson property on Buckskin Bob Road. An individual in the yard, who claimed he was not Mr. Peterson, indicated that they had "gotten rid" of 4 or 5 vehicles. Jamie Mills, via email, asked other committee members who were familiar with the property to go on a site visit/drive by in the future. The plan is to re-visit the property during February after giving Mr. Peterson notice of the intention to do a status check follow-up visit.
N. Pioneer Road (Watts) Property: On January 22, 2009, Jamie Mills spoke with Marc H. Kardell, Assistant County Council who is handling the Watts property (North Pioneer Road) nuisance abatement. A full report of the discussion and review of the Watts property situation, exclusive of pictures; is attached hereto.
January 23, 2009, Jamie Mills and Becky Ruede met with Commissioner Bill Fleenor. Jamie brought up the Watts property nuisance abatement issue and Commissioner Fleenor committed his assistance to prompt resolution of the issue.
On January 26, 2009, Marc H. Kardell contacted Jamie Mills to discuss settlement of the Watts property issue. A clean up crew is scheduled to work on the property some time this week (Jan. 26 through 30, 2009), however, an offer to purchase the property had been received that would entail the new property owner doing the clean up. Mr. Kardell wanted to know if Dunes City, which would still have its fining capabilities, would be interested in accepting a posting of a bond (he suggested $5,000) for the new property owner to do the cleanup within a timely manner. Jamie Mills contacted Mayor Hauptman to discuss the matter. Mayor Hauptman indicated he would contact Mr. Kardell directly, but that his inclination was to require a performance bond in the amount of $25,000.
On January 28, 2009, Jamie met with Mayor Hauptman, who indicated he had had a telephone conversation with Mr. Kardell. On January 29, 2009, Jamie spoke with Mr. Kardell who indicated that negotiations were still continuing with regard to the change of ownership and under what conditions, but he was hopeful the matter would be resolved in the next week or two.

SITE REVIEW COMMITTEE WATTS PROPERTY UPDATE  January 22, 2009
Map and Tax Lot#: 19-12-27-13-00100 Address: 83343 North Pioneer Road
Site Review Committee chairman Jamie Mills spoke with Assistant County Attorney Marc H. Kardell regarding the status of the Watts property on North Pioneer Road. Mr. Kardell indicated that a stipulated Court Order was entered today (Jan. 22, 2009) dismissing the claim of Laurie Watts that she, as wife of former property owner Michael Watts, was entitled to the entirety of the property interest, but that the County was responsible for the fire and the clean up: As Mr. Kardell explained, the stipulated agreement was that the property would be sold and the proceeds evenly divided between Mrs. Watts and the County Sheriff, after payment of all costs associated with cleaning up the property, said costs not to exceed $7,000.
Mr. Kardell further explained that there are two parties interested in purchasing the Watts property, both of them neighboring property owners. One is the Williams and the other is a doctor (Dick Anderson?). Mr. Williams had offered to purchase the property for $40,000, and agreed to do the cleanup. The doctor had offered $50,000 to purchase the property, provided the county did the clean up and the property was surveyed. The decision is left up to Mrs. Watts and her legal counsel. At this time, Mr. Kardell said Mrs. Watts is leaning toward accepting the doctor's offer, since the result would be greater proceeds, even after deducting $7,000 for clean up and a couple thousand for surveying.
Mr. Kardell indicated that if the doctor's offer were to be accepted and the county would do the cleanup, the work would be done by inmates. He indicated that efforts were being made to identify exactly what would have to be cleaned up: He 'said there were vehicles that appeared to be on the property, but no one is sure where the property lines actually are. If the vehicles (a jeep, a dump truck, and a camper, as well as a boat), are on the property and need to be removed, the county would have to go through its process to get title into their name: Mr. Kardell indicated that process would take "a little while." He further indicated that concerns were raised regarding asbestos, but said that since the county's only commitment was to clean up outside of the buildings and not touch anything inside, he did not feel asbestos removal was going to be a problem. Asbestos testing results had all come back negative. If, however, during the course of cleanup it becomes a problem, the county will deal with it at that time. Councilor Mills asked if there were any illegal drug related cleanup issues. Mr. Kardell indicated that to his knowledge, there was no reason to believe the property was being used to manufacture illegal substances. He further indicated the well was tested and the results came back good, other than perhaps a little high in iron.
Mr. Kardell assured Councilor Mills that if Mr. Williams were to purchase the property, there would be some sort of specific time limit within which Mr. Williams would have to complete the clean up. He also assured Councilor Mills that she would be "kept in the loop" as things progressed.
Following the conversation, Mr. Kardell emailed a copy of an ernail from the organization that is responsible for submitting an estimate for the cost of the cleanup, as well as additional photos of the Watts property to Councilor Mills. Copies of those emails are attached.
Respectfully submitted this	22nd day of January, 2009.           Jamie Mills, Chairman

SITE REVIEW COMMITTEE RODNEY MAY PROPERTY UPDATE January 19. 2009

Map and Tax Lot#: 19-12-14-10-04501 Address: 5568 Woahink Drive
A Site Review Committee meeting was scheduled for 2:15 pm on Monday, January 19, 2009, at the Dunes City Administration Office. Dunes City Councilor Jamie Mills was the only committee member present. It was reported that members Deborah Pasternak and Linda Ash had indicated they were unavailable for the meeting as Ms. Pasternak had a work conflict and Linda Ash was in Las Vegas. Member David Dumas was not present.
The purpose of the meeting was to meet with Bud Carlow, father of property owner Rodney May, at the May property on Woahink Drive to determine status. Mr. May was unavailable for the meeting. Councilor Navetta happened to be at City Hall at the time and indicated her willingness to join Councilor Mills, City Recorder Amy Graham, and Planning Secretary/Director Lisa Ekelund for the site visit.
Areas of concern:
Posts located in the right-of-way. Many of the posts that were previously in the rightof-way have been removed and a trench where they once were -remains. The posts have been stacked by the fence, but remain in the right-of-way. Photographs previously provided by Mary Jo Leach evidence the job in progress. Mr. Carlow indicated that the neighbor across the street had offered to bring in equipment to fill in the trench, but he did not know when that was going to take place. Mr. Carlow inquired as to whether the remaining posts should also be removed (these posts being at the corners of the property) and asked ^-where the right-of-way boundary was. Councilor Mills and Mr. Carlow measured from a surveyor's stake located across the street and determined that the 50 foot right-of-way ended at about the fence line on the May property. The posts appear to be treated wood and are, in fact, the remains of electrical telephone poles (as Mr. May works for the electric company). Mr. Carlow indicated the posts would be hauled away. After discussion between Councilors Navetta and Mills, it was determined that removal of the remaining posts would like cause more harm than good, as they are holding back soil that would then erode off and run down the street, into drainage, and likely, ultimately, into Woahink Lake. Neighboring parcels also encroach into the right-of-way with stumps, land masses and plant materials. The remaining posts do not appear to restrict entry into the property across the street, which was the basis of the original complaint.
Illegal structure addition that also encroaches on the 10 foot setback of property to the West. At the time of the site visit, a carpenter was on hand removing that portion of the illegal structure addition (the deck/porch and overhang) located in the rear of the property that also encroaches on the 10 foot setback from the property line to the West. The permit for the work was clearly posted. Planning Secretary/Director Lisa Ekelund and City recorder Amy Graham confirmed that the permit was properly issued. Work appeared to be progressing. (See attached photograph 'A'.)
Tool shed encroaching on the 25 foot setback at the front of the property: City Recorder Amy Graham and Planning Secretary/Director Lisa Ekelund measured the distance from the 50 foot right-of-way boundary to the corner of the tool shed and determined the shed to be set back approximately 12 feet from the right-of-way. The shed itself, measured by Councilor Mills and Planning Secretary/Director Lisa Ekelund, was 12'4" by 10'6". The front corner of the existing garage (to which the shed is attached) appears to be set back exactly 25 feet from the right-of-way boundary. (See attached photograph 'B'.) Discussion was had with Mr. Carlow regarding the options available to Mr. May for removal of the shed. He was advised that a permit would be required if the shed were to be destroyed. Mr. Carlow inquired as to moving the shed to another location on the property. He was advised that if it were to be attached to the other side of the garage, then he would need a permit. If it were to be freestanding, a permit would not be required. Councilor Navetta pointed out that it could not be placed on the septic drainfield.
Removal of the Trailer. Mr. Carlow indicated he had contacted numerous mobile home/trailer parks and asked if anyone knew of this particular model contained asbestos. He said he was told this particular trailer does not contain asbestos. City Recorder Amy Graham suggested that Mr. Carlow contact a local asbestos removal contractor and have them come out and check. Ms. Graham offered to provide Mr. Carlow with the telephone number. Mr. Carlow was reminded that the permit for the removal of the trailer was a Lane County issue and not a Dunes City issue. A photograph of the trailer is attached & marked 'C'.
At the request of Councilor Navetta, Councilor Mills inquired as to the location of the septic and drainfield. Mr. Carlow showed Councilor Mills and Planning Secretary/Director Lisa Ekelund the location of the septic tank. Councilor Mills inquired as to the last time the septic was pumped. She was told after Mr. May purchased the property in 2003 or 2004.
Site Review Committee Rodney May Property January 19, 2009
Mr. Carlow asked if the structure currently abutting the trailer was okay, since it would still remain after the trailer was removed. He explained that it was a carport at one time, but that walls had been installed to make it into a protected storage area. Mr. Carlow was asked if Mr. May had obtained a permit to install the walls, to which Mr. Carlow replied he did not know. Mr. Carlow was told that if there was no permit for the installation of the walls, then Mr. May had two options: 1.) to remove the walls, return the structure to a carport, and apply for a permit to convert the carport to a storage area; or 2.) apply for a permit now, indicating that the work had already been completed, and to attempt to get approval after the fact. Mr. Carlow indicated he would speak with Mr. May.
Mr. Carlow asked about a time frame within which all the work had to be done. City Recorder Amy Graham indicated that the Site Review Committee would submit a report on its findings today, which would then be submitted to the Planning Commission. The Planning Commission would then consider the report and possible action at their next meeting in February. At that time a letter would likely be sent containing dates and deadlines for actions to be completed.
Respectfully submitted this 19^th day of January, 2009.   Jamie Mills, Councilor  Site  Review Committee Chair

Water Quality Committee
Richard Koehler Chair

The Water Quality Committee met on Monday the 5th of January – our regular meeting time is the first Thursday of the month.

The state's first septic maintenance program in Dunes City was discussed.  A complete list and its breakdown were given to staff in order to complete past and future ordinance compliance.  In order to best inform the public a list of qualified NAWT inspectors is being compiled so that staff may include it in the mailed monthly packet.

Information regarding the state's Siltcoos Lake blue green algae condition.   A clearing up of public confusion is a goal of the committee on two fronts;
•	Refining the protocol for water quality information given to the public from the committee via staff, council and mayor.
•	Enabling more cooperation from the county and state for water testing regarding health concerns under its control.

The committee's volunteers tested Siltcoos waters five times in January.   A DEQ representative visited and tested at the end of January.   Results of those tests are forthcoming and will be posted.

Committee members are communicating with government and civic groups in order find the best ways to relay information to the public.

dunescity.com has updated information regarding the latest blue green condition as well as steps you can take to ensure a healthy watershed.

A septage field and DEQ approved distribution was observed and reported by David Dumas.  More mapping work for the public to reference will be forthcoming.

My thanks to last month's volunteers;
John Stead		David Dumas	Mark Chandler	Ralph Farnsworth	
Robert Mohler	Wes Wilcox		Steve Hagar	
for their working for the betterment of the lakes and our value.

I welcome new member Ken Henderson	Thanks too to Ms Navetta for taking minutes and her valuable input.

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