Author: Richard

City Council Meeting Minutes ~ Approved
September 9, 2010 at 7:00 pm
City Hall - 82877 Spruce St., Westlake, OR 97439

1.	Call to order 

Mayor Eric Hauptman called the meeting of the Dunes City Council to order at 7:02 pm.

2.	Roll call

Roll Call was taken by Fred Hilden, City Recorder.

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

Absent:  	None

Also Present:   	Fred Hilden, City Recorder, Lisa Ekelund, City Planner, and 8 individuals.

3.	Pledge of Allegiance

All who were present stood for the Pledge of Allegiance.

4.	Approval of the agenda

Councilor Howison said he would like to add the issue of re-vegetation on Ocean Blvd. in the public right-of-way to the Agenda. 

Mayor Hauptman placed the topic concerning Ocean Blvd. under Unscheduled Items.  

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

5.	Consent agenda

·	City Council meeting minutes from 8/12/2010
·	Bills of the session through 9/3/2010
·	Receipts of the session through 9/3/2010

Councilor Navetta asked to have the bills of the session removed from the Consent Agenda.

Councilor Mills made the motion to approve the Consent Agenda except for the Bills of the Session.  Councilor Howison seconded the motion.  The motion passed by        unanimous vote.

Mayor Hauptman asked Councilor Navetta to explain her concern with the Bills of the     Session.

Councilor Navetta said she is concerned with the payroll expenses.  

Mayor Hauptman asked if Councilor Navetta was speaking of the net payroll expenses.

Councilor Navetta said yes, she noticed that in the correspondence section on the last pages of their packet that Cardinal Services is mentioned six times.  Councilor Navetta said she wanted to know what that means.

Mayor Hauptman said he would allow Fred to explain this.

Fred Hilden said there should be five bills in a normal month's cycle.  Fred said the Interim Building Inspector is included at the top of the Bills of the Session titled Building Inspector Interim for August.  Fred said the Building Inspector, Wes Bird, is paid weekly so four of the bills from Cardinal Services are weekly bills regarding Wes.  Fred said the City only pays Cardinal Services once a month after the Bills of the Session are approved by Council.  Fred said Selena Carter is also being paid through Cardinal Services.  Fred said the City receives one invoice per month for Selena and it is also paid after the Bills of the Session are approved by Council.  Fred said it is the timing of how invoices were received that Cardinal Services had six bills in this months Bills of the Session. 

Councilor Navetta asked if Selena is a permanent employee.

Fred Hilden said Selena is a regular full time employee but the payroll is handled through Cardinal Services.

Councilor Navetta asked why Selena is paid through Cardinal Services.

Fred Hilden said paying Selena through Cardinal Services saves Selena and the City a      substantial amount of money that would be going towards PERS (Public Employees Retirement System).  Fred said the City pays 14% towards a person once they start on PERS and that money is never recovered if the person does not become fully vested over a five-year  period.  Fred said the individual also has to make a 6% contribution to PERS however, the individual does receive that money if they quit before they are fully vested in five years but again, this is a substantial investment on a relatively new employee that may or may not want to have PERS withheld from their paycheck.  

Councilor Navetta asked how much does the City pay Cardinal for this service.

Fred Hilden said the City pays Cardinal Services 28% on Selena.  Fred said with PERS, the normal City overhead expense is 35% so it is a 7% savings to the City on Selena's payroll.

Councilor Koehler asked how long does this continue.
 
Fred Hilden said it would continue as long as the City wants it to continue.  

Councilor Koehler asked if the contract is not set.

Fred Hilden said Cardinal has a minimum agreement period of 520 hours but there is no set maximum.  Fred said Selena is very happy with this arrangement because after six months of her employment, she does not have 6% of her wages withheld for PERS.  Fred said this is a mutually beneficial arrangement for both Selena and the City.

Councilor Navetta said four of these items are for the Building Inspector.

Fred said Councilor Navetta is correct.  

Councilor Navetta asked if the Building Inspector is paid the same way and if the City hired the Building Inspector through Cardinal Services.

Fred Hilden said there is no contract with Wes Bird but rather they have a verbal agreement that Wes will be paid at an hourly rate of "X" amount per hour.  Fred said Cardinal does add overhead associated with that.  Fred said the interim expenses have been reduced from about $3,000 a month when they were using Building Codes Consultancy to an average of approximately $1,500 a month while using Wes Bird.  Fred said this is only an interim situation.  Fred said the City does need to acquire a full time dedicated Building Official and Building Inspector.  Fred said Lisa Ekelund has prepared and sent out that RFP (Request for Proposal).  Fred said the City has received responses, Lisa is evaluating those responses and they will be presented to Council next month.

Councilor Koehler said in that same line, it's a net payroll and he remembers a couple of years ago just tracing the differences in balances over a period of a year and what we don't get when we look at this figure is the total cost to the City and it can be deceiving somehow to see this and then down the road do the add ups of all the Bills of the Session and then find out we're $45,000 shy or over.  Councilor Koehler asked if it is beneficial to actually or if more complicated that he's (Councilor Koehler's) just thinking maybe they should have a gross here rather than a net.

Fred Hilden said he (Fred) is concerned about the same thing and has been considering changing this.  Fred said the document does not disclose the total payroll cost to the City and he (Fred) thinks it should.  Fred said if the City Council made a motion to have the Bills of the Session include gross payroll expense that would include all benefits and PERS, he (Fred) would be in favor of reporting that every month.

Councilor Navetta said she would like to make that motion.  
Mayor Hauptman requested that Lisa restate the motion.

Councilor Navetta said yes, and invited Lisa to go ahead and restate the motion.

Lisa Ekelund read the motion.

Councilor Navetta made the motion that the Bills of the Session include gross payroll expense, which includes all benefits and PERS.  Councilor Ruede seconded the motion.  The motion passed by unanimous vote.

Fred Hilden pointed out that the Cardinal Services invoices for Wes Bird are going into the top item under Building Inspector Interim and Selena's payroll is included in the net payroll      expense on the bottom.  Fred said these are being split and he (Fred) thought that it was only appropriate to put Selena's expenses in the payroll expenses because she is considered an employee.

Councilor Koehler made the motion to approve the Bills of the Session on the Consent Agenda.  Councilor Navetta seconded the motion.  The motion passed by unanimous vote.

6.	Announcements / Correspondence

Mayor Hauptman announced that the September and October Artist of the Month is Lin-Su Whitfill and Stella Ault.  

The Mayor announced that volunteers are still needed for one position on the Conservation Committee and two positions of the Revenue Committee.

The Mayor announced that the Dunes City Staff received a Certificate of Appreciation from the US Census Bureau.  The Mayor included that Councilor Mills deserves recognition as well.

Councilor Mills said the members of the Revenue Committee should be recognized.

Mayor Hauptman said he would like to recognize the Revenue Committee for their help with the Census Bureau. 

Mayor Hauptman announced that there would be Siuslaw River Bridge work on US Hwy101 from 9/12/10 through 9/16/10. The Mayor said the work would be a 24-hour process with     one-lane closures.

Mayor Hauptman announced that September is National Alcohol and Drug Addiction Recovery Month and that April Dumas would like to speak on this.

April Dumas ~ 83586 Cold Springs Lane ~ Dunes City

April Dumas submitted a written statement and announced that September is National Alcohol and Drug Recovery Month in the United States.  Mrs. Dumas said this is sponsored by the Federal Agency on Substance Abuse and Mental Health Services Administration (SAMHSA) and the theme this year is "Now More than Ever." Mrs. Dumas said there would be an event on December 18th from 11:00 am to 3:00 pm.

Mayor Hauptman read the National Alcohol and Drug Addiction Recovery Month          Proclamation.

7.	Mayor's report

Mayor Hauptman reported that he spoke to Don Hayes about disaster preparedness.  The Mayor said Dunes City has fallen through the cracks and even though the City has had      representation, the City is not getting everything they should.  The Mayor said the elderly would need extra help.  The Mayor said on 10/06/10 at 6:00 pm, there would be an "Are You Ready" meeting at Dunes City Hall.  The Mayor said a geologist would also be speaking at this meeting.  The Mayor said Don Hayes is working on getting three emergency sirens      installed in Dunes City.  The Mayor said the sirens are free but the installation costs              approximately $1,000 each.  

8.	Committee / Commission reports

·	Councilor Navetta presented a written report for the Community Center.
·	Councilor Navetta stated that there was no police report again this month as the City     remains calm.
·	Councilor Navetta presented a written report of the Communication and Education       Committee.

Councilor Ruede made the motion to have the "Are You Ready" meeting recorded and then posted on the website.  

Mayor Hauptman asked Councilor Koehler if he could post the meeting on the City's       website.

Councilor Koehler said it goes through "OregonCities.TV."  

Councilor Navetta said she has sign up sheets.

Fred Hilden asked if there was a second to the motion.

Councilor Mills seconded the motion.

Councilor Howison said the Council has a point of order.  Councilor Howison said the      motion needs to be amended to have Campbell Productions record the meeting and place it on Channel 10.
Councilor Ruede modified her motion to be that the City have Allen Campbell Productions record the "Are You Ready" meeting and post it on the Oregon Cities website.  Councilor Koehler seconded the motion.  The motion passed by unanimous vote.

Councilor Ruede asked Mayor Hauptman where the budget for this would come from.

Councilor Navetta said the budget would come from her Committee.
 
·	Councilor Howison gave a verbal report of the Conservation Committee.
·	Councilor Howison gave a verbal report of the Ordinance Review Committee.
·	Councilor Ruede gave a verbal report of the Parks and Recreation Commission.

Councilor Koehler said the Parks and Recreation Committee, all members have expired their term and he was wondering how they could be best efficient by keeping those terms updated before they expire.  Councilor Koehler said he usually sees this on the web and the Recorder is actually first in line for delivering this information.

Mayor Hauptman asked if it is a mid-term expiration. 

Councilor Koehler said yes.

Councilor Navetta said 6/30.

Councilor Ruede said she believes that Miss Tizzard was re-appointed.  Councilor Ruede said she has two new members this year, Dr. Richard Anderson and Mr. Gary Lapping.

Mayor Hauptman said both of those people were appointed this year and Councilor Ruede agreed.  The Mayor asked if they need to be re-appointed.

Councilor Koehler said they all expire except for Gary Lapping on 6/30/2010 and perhaps maybe they could do that next month to get the re-appointments so that Councilor Ruede can hold a legitimate meeting.

Councilor Navetta said Becky is on the list and her term has expired.  

Councilor Howison said this is not possible.

Councilor Navetta said it is possible.

Councilor Ruede said she was appointed as a Council member.

Councilor Navetta said if you read the rules of that Committee, you will find that Becky's   appointment has expired.  Councilor Navetta said it is a two-year appointment and it has come to an end.

Councilor Howison said the Council appointed Councilor Ruede in January of 2009.  Councilor Howison asked why it would last two years.

Councilor Navetta said she did not know.

Councilor Koehler said it is not a full year, the expirations for that particular Committee end July 1^st.

Councilor Howison said he believes Councilor Koehler is right but questioned if it includes the Chair.

Councilor Ruede said she would clarify it with the City Recorder at a later time.  

Fred Hilden said he is familiar enough with Parks and Recreation to know that it is a      Commission and not a Committee.  Fred said he wants to make that correction clear because it is a substantial difference.  Fred said he believes that Councilor Koehler and Councilor Navetta are correct but he was not aware that the Chairman also expired on June 30th. Fred said because there is a meeting scheduled next week, he would assume all of the members would re-apply and perhaps the Council could re-appoint the members tonight.

Councilor Navetta said no, they have to make an application.

Mayor Hauptman made the recommendation to appoint Councilor Ruede as Chair of the Parks and Recreation Commission.  

Councilor Howison made the motion to appoint Councilor Ruede as Chair of the Parks and Recreation Commission.  Councilor Sathe seconded the motion.  The motion passed by vote of 5 ayes and 1 abstention (Councilor Ruede).

Councilor Navetta said they are going to have a similar problem on the Budget Committee.  Councilor Navetta said they have three people who have come to the end of their time        because they also expired on 6/30 and she (Councilor Navetta) thinks they need to seek those people out.

Mayor Hauptman said they need to submit new applications.

Fred Hilden said he would post a press release to The Siuslaw News and KCST to advertise for three Budget Committee members.

Councilor Ruede said she would speak with Fred Hilden at a later date regarding the          appointments for the Park and Recreation Commission.  

Councilor Koehler asked what he should do on the web.  Councilor Koehler said he would wait for Fred's response on this.

Councilor Howison said they have plenty of time for the issue of the Budget Committee, as they usually do not meet until the spring.  Councilor Howison said it has happened every year when they do not think about the appointments until January.  Councilor Howison said it is not a pertinent issue.

Mayor Hauptman said it is not a pertinent issue but he (the Mayor) thinks the advertisement should be out there.  The Mayor said the City has had problems in the past couple of years when people have indicated they want to be on the Committee and then not show up to any Budget Committee meetings.  The Mayor said they want people who will do the work.

·	Councilor Sathe presented a written report of the Road Commission.
·	Selena Carter provided the draft minutes of the 8/16/10 Road Commission meeting.
·	Councilor Mills presented a written report of the Site Review Committee.

Councilor Koehler spoke in regards to the scotch broom mailer that Councilor Mills spoke of in her report.  Councilor Koehler said he just was wondering, this is always a question he has about jumping fences, when you are sending something out, you are going into another Committee's purview.  Councilor Koehler said what they're doing, what their Communications and Education does, is that it codifies all the information from the City that's important to the willful timeframe and then they either do a newsletter or do like what they're doing in the late part of September, a post card as a reminder to Citizen's about the October 6th    meeting.  Councilor Koehler said he was just wondering about this crossover above one Committee doing another Committee's work.

Councilor Mills said she appreciates and understands what Councilor Koehler has said.  Councilor Mills said she (Councilor Mills) was not saying that the Committee was going to mail it out but rather, she (Councilor Mills) was trying to do the footwork to put it all          together, to try to get some funding, and then she (Councilor Mills) was going to contact the Communications and Education Committee.

Councilor Koehler said this is perfect and thanked Councilor Mills.

Mayor Hauptman said he would like to make it clear to all Committee's that anything that is going to be sent out needs to go through the staff and at least an email to the Councilors if they can't have a meeting so they can see what's going out.  The Mayor said he does not want anything going out that the Council or that the Staff has not seen.  The Mayor said with the post card, email it to Staff and Council so everyone can see it, everyone is allowed to put in their comments if necessary, the input is received and then it can be sent out.  

Councilor Sathe asked the Mayor if he (Councilor Sathe) should give Councilor Koehler everything on the slurry seals and let Councilor Koehler pass it out.

Mayor Hauptman said he thinks this is a good idea.  The Mayor asked Councilor Koehler if this is agreeable.

Councilor Koehler said in the last year when Councilor Sathe did the first part of the slurry seal there was a delivery for front page website presence for some of that information, whether or not Councilor Sathe wants to target certain areas for post card or delivery is      another question and he (Councilor Koehler) doesn't know if we're set up for sectionalizing the town.

Councilor Sathe said the Road Commission hand delivers the notification.

Mayor Hauptman and Councilor Sathe asked if Councilor Koehler would like to do the hand delivery.

Councilor Koehler said what they do is the layout for production and then the website so if you're (Councilor Sathe) in the area for doing the roads and you are used to doing the door-to-door.

Mayor Hauptman replied stating that in other words, Councilor Sathe needs to deliver the door-to-door communications.

·	Councilor Mills presented a written report of the Revenue Committee.
·	Councilor Koehler presented a written report of the Water Quality Committee.

Councilor Mills questioned Councilor Koehler how the meetings got started with the Department of Environmental Quality (DEQ) and the Department of Health Services (DHS).

Councilor Koehler replied to Councilor Mills' question stating that the meetings get started by concerned groups primarily, those people that are involved with water quality throughout the State and also because there was a higher incident of blue green algae, especially in the hot corridor of I-5.  Councilor Koehler said they don't get a typical problem with that here until the temperatures and the wind velocity go down or when the wind velocity goes down and the temperatures go up but because of the EPA restrictions and the study that has to be done on Siltcoos, we are keeping an even more vigilant eye on that.  

Mayor Hauptman asked Councilor Koehler who has to do those studies.  The Mayor asked if the State are the ones who actually have to do this.

Councilor Koehler said yes, the study is actually just to keep a reprisal on things for Siltcoos so that we are in the know, forewarned is forearmed so to speak but those meetings in      Portland are a group of stakeholders along with the DEQ and the DHS that are working for solutions.  Councilor Koehler said that they put in the report in June that indicated the      problems that we have been dealing with over the last ten years that could be helpful to other jurisdictions, especially having the State get involved and this is the key, the State has to be a partner economically with the communities.

Councilor Mills asked Councilor Kohler if these meetings are posted on the website so that others are aware when they occur because this is news to her.  

Councilor Koehler said this is the reason why we gave that report to Council back in May.

Councilor Mills said she knew they were having a meeting.

Councilor Koehler said we don't have the meetings, we advise and we send in our recommendations.  Councilor Koehler said Mark (Mark Chandler) had stood in and reported to Council that he had stood in on the phone which is pretty confusing in those teleconference deals but still he (Mark Chandler) drew witness to what they were doing.  Councilor Koehler said it was fairly confusing in the first meeting but the second meeting on the 29th of September in Portland will be a little bit more refined having got all the information from everybody throughout the State.  

Mayor Hauptman said people could also request an email from the Oregon Department of Health.

Councilor Mills said she would look into that.

Mayor Hauptman said he discovered there were outbreaks of blue green algae in the Month of May in other parts of the State.  The Mayor said this is not unique to Dunes City and it is not unique in the fall season.  The Mayor said it was interesting to see how many algae outbreaks were popping up all over the State and the State is finally taking this seriously.

Councilor Navetta asked Councilor Koehler if he received correspondence from Senator Dingfelder or did the City receive it.

Councilor Koehler said he receives it on a group mailing from one person that is an advocate for getting things done in the State clean water wise and she funnels it to everybody else.

Mayor Hauptman asked if the City receives this information.

Fred Hilden said he is on the same distribution list.  Fred said one of his dilemmas is not knowing for sure how much of the Council is copied on this kind of thing already.  Fred said he does not want to be a nuisance by forwarding emails but perhaps this would be a good email to forward to all Council members.

Mayor Hauptman instructed Fred Hilden that when in doubt he (Fred) should forward the emails.

Councilor Koehler said this is one of the things that has been reported on through the Water Quality Committee so that everybody was apprised during the time prior to the meetings of Portland, the one meeting in May and now this one, but in this Water Quality Committee meeting we'll suggest other things that we could send along and of course it is front page on the website to look at those reports.

Mayor Hauptman said regarding the water quality reports that are on the website, he personally cannot decipher some of them.  The Mayor said he is not sure what months are represented where they list phosphates and chlorophyll with all of the little blue diamonds.  The Mayor said he is not sure what he is reading and he assumes that if he cannot figure it out, other people cannot figure it out as well.  

Councilor Koehler said this is the suggestion he made in the Committee was to change that so that is in the works and it goes fairly smoothly but one of the problems with science is that it gets pretty complicated and to pull yourself back and just give the simple logarithmic look of a chart is his (Councilor Koehler) idea so that it can be simply understood by the public but we'll (the Water Quality Committee) work on that this meeting.

Mayor Hauptman said he had another question for Councilor Koehler.  The Mayor said he noticed in the Bills of the Session that the City pays the bills for water testing to the University of Washington.  The Mayor questioned how quickly the results are posted on the website.

Councilor Koehler said the QAPP, the way they are supposed to report is all documented by the water testers so what they have is the fundamental information that's collected and maintained so to give the information prematurely or have it all automatically updated all of the time is not currently part of the plan.  Councilor Koehler said if we're lucky, we would get it done every six months but right now and this is a big change from four years ago when it was delivered maybe every four years.

Mayor Hauptman asked why the City could not get this information more quickly.  The Mayor said that once you have the software that plots the chart, isn't it a matter of just entering the data.

Councilor Koehler said it's good and sometimes doing that could lead to other conclusions that shouldn't be made public so these are good suggestions and what he (Councilor Koehler) wouldn’t mind doing is bringing that up with the Water Quality Committee.

Mayor Hauptman said the City is paying for this and he would like to see the data.  The Mayor said he is sure there are other people who are interested in seeing the data as well but as it is presented on the web, he (The Mayor) cannot figure it out.  The Mayor said it would be nice to make it more user friendly and placed on the web more quickly.

Councilor Koehler said it also depends on as we see on some of the Committees and the     attendance to be able to do something.

Mayor Hauptman questioned Councilor Koehler if this is because of the volunteers.

Councilor Koehler said not only that but sometimes there's days off and people aren't around, and in so, that's another latitude we have to have in order to accommodate for volunteers as well but the suggestion he (Councilor Koehler) wouldn't mind doing that but the weak link in the whole thing is sometimes we can't be as efficient as that.

Councilor Navetta said sometimes it takes a while to get back results too.  Councilor Navetta said it takes a while to send it and it takes a while for results.

Mayor Hauptman said he understands but they just paid the University of Washington for test results.  The Mayor said he wonders what month those test results were for.

Fred Hilden said he believes the results went from November until May.

Mayor Hauptman asked for clarification of whether or not it is sent in monthly.

Councilor Koehler said he will provide the report next month.

Councilor Navetta said the postage is horrific.

Mayor Hauptman asked Councilor Navetta if the horrific postage she spoke of was for water samples.

Councilor Navetta said yes, it costs us as much for one as it does for six.

Mayor Hauptman asked if they are mailed through the US Postal Service or is it FedEx.

Fred Hilden said the samples are shipped through Florence Shipping Solutions overnight by FedEx and then the containers and shipping containers are returned via US Postal Service Parcel Post.

Mayor Hauptman asked how much it costs to ship.

Fred Hilden said he believes on the Bills of the Session it runs about $40-$50 a month.

Mayor Hauptman concluded that the City must have been shipping them every month as opposed to every six months.

Fred Hilden said he sees a bill pretty much every month from Florence Shipping Solutions.  Fred apologized if he was not clear earlier.  Fred said it is the invoice for testing that they receive that covers a fairly substantial period of time.

George Burke spoke from the audience.  George said the samples that are taken during the day are immediately frozen.  George said they are shipped in a one-day shipment "freeze pack" to the University of Washington.  George said the University sometimes has a six-month delay on samples.

Mayor Hauptman questioned why the City does not use the testing lab located in Eugene.

George Burke said it is his understanding that the University of Washington are the only ones who do this type of work.

Mayor Hauptman said he knows the lab in Eugene tests for nitrates and phosphates etc.  The Mayor said he has a well and that is where he sends his well water to be tested.

George Burke said he does not know why the City uses the University of Washington. George said he believes it is part of State protocol. George said at the time this began, the University of Washington was the place to send water samples.

·	Lisa Ekelund presented a written report of the Planning Department. 
·	Lisa Ekelund provided the draft minutes of the 8/26/2010 Planning Commission       meeting.
·	Don Hayes did not present an Emergency Services report this month.

Councilor Navetta questioned why the City's Emergency Service man doesn't show up or give a report.

Mayor Hauptman said he spoke with Don Hayes tonight about this.

Councilor Navetta said he is very hard to get a hold of.

Mayor Hauptman said he has not had that problem when trying to reach Don at home.  The Mayor asked if Councilor Navetta has Don's home and cell phone number.

Councilor Navetta said she had both numbers.

Mayor Hauptman said Don would be at the October 6th "Are You Ready" class.  

Mayor Hauptman said he has not been able to locate an inundation map.  The Mayor said there was a map in the office but someone took it down.  The Mayor said he wonders why the City cannot get another map.

Councilor Navetta said DOGAMI hasn't made one.  

Mayor Hauptman said he saw one.

Councilor Navetta said the map that the Mayor saw was contrived and it wasn't official.  Councilor Navetta said DOGAMI has gone as far as Florence, deemed Dunes City unimportant, and went on down to Reedsport.  Councilor Navetta said because the population was so low in this area, DOGAMI thought it was better to continue on down the Coast.

Mayor Hauptman said there has to be a couple of thousand people located between the bridges.

Councilor Navetta said a couple thousand unimportant people.

Mayor Hauptman said this is a concern.

Councilor Navetta said when you get reports from Florence about this can flood or that can flood, they don't know.

Mayor Hauptman said originally they were talking about Our Lady of the Dunes being the go to place in case of a tsunami and then he (Mayor Hauptman) heard that Our Lady of the Dunes would be inundated.  The Mayor said he then heard they were thinking of using the Fire Station, which is one of the higher points in Dunes City.  The Mayor questioned where Dunes City comes in on this and how they should push.

Councilor Mills said there was a report that was written on the various findings.  Councilor Mills said she understands that this report is still a continuing work in progress even though at the time, the report was considered final.  Councilor Mills said the West Lane Emergency Group had Our Lady of the Dunes but then they realized it would be in the inundation zone so they then looked to the two Fire Stations, the one in Dunes City and the one in Ada.  Councilor Mills said both of those stations were built at the same time and they are cinderblock meaning they will not withstand earthquake activity.  Councilor Mills said because of the location of the station in Ada, it covers a greater population than the one on Clear Lake so it has been chosen to be the go to sight.  Councilor Mills said the plan is to make the station in Ada, earthquake ready.  Councilor Mills said the Group is looking into finding grant money to accomplish this.  Councilor Mills said for Dunes City's purposes, there should be a work session with the residents to discuss the fire station on Clear Lake Road.  Councilor Mills said this is another reason to attend the meeting on October 6th.

Mayor Hauptman asked Councilor Mills if the people in the West Lane Emergency Group are people from Florence.

Councilor Mills said they are people from Florence.

Councilor Koehler said they are trained by FEMA (Federal Emergency Management Agency).

Councilor Sathe asked if anyone was told that the Ada Fire Station is almost at the lake level and there is no way anyone will be able to get to it if there is a tsunami.

Councilor Mills said she was just saying what the report said.

Councilor Koehler said he was supposed to be at a meeting with the geologist for West Lane Emergency but he couldn't get there.  Councilor Koehler said he had sent them a topo map of the area in order for them to familiarize themselves with the topography in the area.  Councilor Koehler said they are also going to be presenting some of those findings on October 6th.  Councilor Koehler said they had a tour of Dunes City to find out where the high and low points are and where the best place to locate but in response to the Ada, it's way out of the City's jurisdictions and then very difficult for anybody.  Councilor Koehler said one of the nice things, if he (Councilor Koehler) could interject about this "Are You Ready" is that it doesn't necessarily mean that you have to go a far distance away from yourself to feel safe and the fundamentals of dealing with safety within your own self and body are outlined quite effectively in this whole thing that could be valuable for anything that you encounter in life so take it as a blueprint for feeling safe and also being safe.

Councilor Mills said they do have another training session at the Florence Fire Station on September 11th at 9:30 am.  Councilor Mills said the seismologist and geologist will make a presentation but she assumes it will be more geared towards the Florence area.  Councilor Mills said there would be other speakers and educators speaking of issues that people do not normally think of in the case of an emergency.  Councilor Mills spoke of the instance during Hurricane Katrina where people did not readily have their identification or documentation together.  Councilor Mills said during Hurricane Katrina, many documents were destroyed and it made it a nightmare for getting services, assistance, and reimbursement for health care. 

·	Fred Hilden presented a written City Recorder's report.

Councilor Koehler said he was wondering on the septic maintenance, we have probably an average of four per month that are recorded by the income of the receipts and so that's a quarter of what we should have done for seven months.  Councilor Koehler said in order to keep, we have a deadline so to speak for filling up that whole thing by a certain time by ordinance and he (Councilor Koehler) was wondering because of the lack of filling up that three quarters per month over time, are we in the ball park for actually getting that done. 

Fred Hilden said we are on track for getting all of the notices out to the properties by March of 2012.  Fred said part of the lull in the receipts right now is the timing.  Fred said during the months of April, May, and June, no packets were sent out because the position of the Administrative Assistant was open.  Fred said he was working as the City Recorder and there was not adequate time to get that job done.  Fred said the payments the City is seeing now are the ones trickling in from those that were sent out during February, March, and April.  Fred said there is also a timing delay.  Fred said once the packet goes out, the person has the work done and typically, the City does not get the payment for the inspection until after the company that did the work has been paid.  

Councilor Howison asked if the City is getting the payment from these companies.  Councilor Howison said when he had his septic inspected the Company who inspected never paid the City the required fee.  Councilor Howison asked if the City is on top of this now.

Fred Hilden said the staff is following up on this.

Councilor Koehler said we are supposed to be getting a minimum if you are sending out 17 a month at least $850 and we haven't even gotten close to that.  Councilor Koehler said he would look forward to getting that up to par or at least Selena so she feels comfortable with that as well as what happens those follow ups, there's certain levels of interaction you have to deal with.  Councilor Koehler said he wonders if that's all crystal clear with the process.

Fred Hilden said the follow up for people in violation is a City Recorder responsibility and it was not done in the past.  Fred said this is a procedure that he (Fred) is working on getting in place.  
Mayor Hauptman said something the Council needs to understand is the Council writes ordinances but the Council does not follow up with the procedures for executing those ordinances.  The Mayor said staff is trying to get some traction with this and when Fred was the Administrative Assistant, the City was sending packets out for a 3-4 month period regularly.

Fred Hilden said from June 2009 until March 2010, 20-22 packets went out every month.  Fred said his objective for the three months where they did not send out packets this year is to send out 30 packets per month to make up that deficit.   Fred said the timing in terms of seeing that income from the inspection reports is going to be staggered from when the increased packets were initiated.

Mayor Hauptman asked if there is a written procedure for this.

Fred Hilden said there is a procedure but it needs to be updated.

Mayor Hauptman asked Fred to provide the procedure at the next meeting.

Councilor Howison said in the past 3-4 years, 10-15% of the people have not responded.  Councilor Howison asked if there has been follow up. 

Fred Hilden said he believes the number is closer to 30%.  Fred said now having identified all of the lake properties last year associated with the Conservation Committee's post card mailing, staff now has the database identified as people with lake front property and that became the priority over the last year.  Fred said by the time he left the administrative assistant position in March, we were bumping up against houses that were built in the early to mid 1990's.  Fred said he anticipates some sensitivity there.  Fred said he may need to speak to Councilor Koehler who had a lot to do with how the whole thing was structured in the beginning and see if they want to start looking at some of the older residences that are considered category 1, which is one-step back from the lakefront.

Councilor Koehler said originally the whole thing was gauged on three factors, one was the year built and the time before 1983 the DEQ doesn't have any record so that's one criteria, the older buildings, the more vulnerable, you link that in with the closer proximity to the lake and that's the other qualifier so those are the two main ones for the start and once that's cleared then we go away from the central point called the lakeshore.  Councilor Koehler said he looks forward to speaking with Fred Hilden.  

Mayor Hauptman called for a ten-minute recess at 8:30 pm.  

Mayor Hauptman reconvened the meeting at 8:48 pm.

9.	 Unfinished / Old Business

·	Atkeson Property:  Status of Bridge Permits and Extension Request.

Mayor Hauptman said the bridge permit application on the Atkeson property was denied and all of the Council has received the report from the engineer.

Councilor Howison recused himself and took a seat in the audience.

Councilor Sathe said there is no way that the Atkeson's can do this by 9/11/10 but he does not want to give a 90-day extension because this is when the salmon will be running through.  Councilor Sathe said instead of disturbing the piers that are there, he would like the piers cut off with a chainsaw so they do not disturb the soil. 

Mayor Hauptman said Councilor Sathe had a good point. 

Councilor Mills said State law would not allow them to work in the creek between October 1st and February 15th.  

Mayor Hauptman said they could at least get the methodology of the removal within a specific period of time.

Councilor Sathe said it would not take much time to remove these structures.  Councilor Sathe said he does not want to see this lasting until middle of next summer.

Mayor Hauptman said Councilor Mills said they could not do anything between October 1st and February 15th.

Councilor Sathe suggested the Council give a 2-week extension.  Councilor Sathe said they should ask staff if that would be enough time to have this processed.
 
Fred Hilden said they need a demolition permit and a plan.  Fred said there are issues such as the concrete abutments on the vehicle bridge.  Fred said it needs to be determined if those abutments are best taken out or left in place.  Fred said Councilor Sathe's idea of cutting off the piers is a good idea.  Fred asked Lisa Ekelund for her opinion on the two-week timeframe. 

Lisa Ekelund said the application could be received, reviewed, and issued maybe within 30-days.  

Mayor Hauptman said within 30 days they would bump into what Councilor Mills is saying in that the State will not allow them to work on it.

Lisa Ekelund said she spoke with the State today because she (Lisa) wanted to know if the State needed to give approval for this work.  Lisa said the State has no jurisdiction over this project because it is not located within the ordinary high water line.

Mayor Hauptman said he understood that these are located on the edge of the creek.

Lisa Ekelund said the bridges are located on the edge of the creek and not in the creek bed, which is the State's jurisdiction.  Lisa said if the bridges were removed in the manner that Councilor Sathe described, the soil of the creek bed would not be disturbed and this would mean that the October 1st through February 15th restriction would not be a factor.

Councilor Koehler said Mr. Turner had said that this is located on private property but it transits over State property, meaning the water and the land underneath the water in the creek.  Councilor Koehler said he was, wonders, perhaps there's an extension or an exception that could be granted from the State Department of Fish and Wildlife for working in the Salmon Bearing Class A stream to get around that October 1st to whenever.

Mayor Hauptman asked whom Lisa Ekelund was dealing with.

Lisa Ekelund said she spoke to the Department of State Lands but she did not speak with the Department of Fish and Wildlife.

Mayor Hauptman said this is a different ballgame because of the salmon.

Councilor Mills said Lisa Ekelund answered a question for her (Councilor Mills) because for a person to do any kind of work that disturbs the bottom, that person has to get a permit through the State and if someone is planning on working in salmonid streams they also have to get a review from the Army Corp of Engineers and Fish and Wildlife Service.  Councilor Mills said she thought there were posts all the way across because the span is so far.

Lisa Ekelund said there is nothing in the water.

Councilor Navetta said this is one of the problems.

Councilor Mills said if the work can be done without disturbing or entering into the water then the October 1 through February 15 does not come to play.

Councilor Sathe made the motion that as of today (9/9/2010), the Council allow the property owner 30 days from today to get all demolition permits for the removal of the two bridges approved and all the plans to the City Inspector and to have the two bridges removed, they are welcome to leave the piers up so they don't cause any disturbance to the soil or creek bed and allow the concrete abutments on the driving bridge to stay.  Councilor Navetta seconded the motion.  Councilor Sathe amended his motion to include the requirement that the removal of the bridges shall not disturb the streambed because this is the State jurisdiction.  Councilor Navetta seconded the amendment to the motion.  The motion passed by unanimous vote.

·	Reimbursement for nuisance abatement costs.

Councilor Sathe made the motion that the Council rescind the motion for reimbursement for the nuisance abatement costs.  Councilor Ruede seconded the motion.

Councilor Navetta said did it not cost nothing to do this work in this office.  Councilor Navetta said it looks to her that it cost $3,000 and she can't imagine that it was that little in the first place.

Mayor Hauptman said unfortunately Mr. Turner and the City Attorney both feel that the City cannot levy those fines regardless of the work that was put into it.

Councilor Navetta said it's the cost of development.

Mayor Hauptman asked Councilor Navetta if she read Mr. Turner's letter and Councilor Navetta said she did.  The Mayor asked Councilor Navetta if she read the City Attorney's letter and Councilor Navetta said yes.  The Mayor said the City could not impose these fines.

Councilor Navetta said she will say no more.

Mayor Hauptman said he thinks this is ridiculous that we cannot recoup this but it goes back to the fact that the City needs to tighten up its ordinances.

Councilor Sathe said he would like to state that he does not like this either but it is the advice of the City's legal counsel.

Councilor Navetta said get new counsel.

Mayor Hauptman said that is certainly an option.

Councilor Koehler said he just wondered was it a faux pas of ours just to miss out on a little technicality or is this a general pattern of behavior that we can expect in the future.

Mayor Hauptman asked Councilor Koehler to whom he was addressing his comment.

Councilor Koehler said he was thinking that perhaps the recorder would know having looked at some of these things.  Councilor Koehler said he did not want to corner the Recorder but he (Councilor Koehler) is cornering him (Fred Hilden).

Fred Hilden said his job is to do what the Council directs him to do and in his (Fred's) opinion after reviewing Chapter 91, it is flawed in the fact that it does not allow the City to collect costs associating with processing a nuisance unless the person who is supposed to have abated the nuisance did not meet the time commitments and time constraints that the City placed upon them.  Fred said when you look at the history of the Atkeson property and what has happened with it, the complaint was filed, there were issues raised, the Council began by taking action and then backed off.  Fred said the Council then took action and time was allowed to complete things.  Fred said November is when the Council decided to allow them until March to process the bridge applications and so on.  Fred said based on those actions, the way Chapter 91 is written, unless the property owner does not meet those deadlines, the City has no recourse to collect processing costs.  

Mayor Hauptman said there is a reality to deal with as well.  The Mayor said the reality is that Mr. Turner is an in-house corporate attorney for Mr. Atkeson.  The Mayor said he has no doubt that if the Council levied these fines, Mr. Atkeson will take the City to Circuit Court and the City would have to defend that action which would far exceed what we would have received in the fine.  

Councilor Koehler said if he might suggest in the work session, which is sorely lacking to have accomplished sometime this year, to add that part, something that we can work on in order to get around some of these loopholes or obstacles that doesn't seem to create our effectiveness as well.

Mayor Hauptman said they have had workshops and the Council does not seem to get very far with them.  The Mayor said the City has applied for a grant to help fund the codification.  The Mayor said he would like to see what it would cost to bring in people who really know how to write ordinances and to review what the City has.  The Mayor said we are all amateurs and when we have a work session, we never get anywhere.  

The motion made by Councilor Sathe that the Council rescind the motion for reimbursement for the nuisance abatement costs, which was seconded by Councilor Ruede   passed by vote of 4 ayes and 1 abstention (Councilor Navetta).

Mayor Hauptman asked Lisa Ekelund for an update on the Laurie property complaint.  The Mayor said he read in the Planning Commission draft minutes that it was discussed.

Lisa Ekelund said when a City receives a complaint regarding vegetation removal, the Planning Commission does not hear it but rather, it goes directly to the City Council.  Lisa said the complaint did go to the City Council and during the last Planning Commission meeting, Commissioner Riechel explained the events but the Planning Commission did not take any action on it.  Lisa said the Planning Commission accepted the Council's decision.

Mayor Hauptman asked what has been done regarding this.

Fred Hilden said the Notice of Council Decision was prepared by Lisa Ekelund and sent out to Mr. Laurie by Certified Mail.  

10.	 New Business

·	Discussion on Charter Review

Mayor Hauptman said he has been asking the staff to identify what Charter the City is operating under.  The Mayor said he sent the prior City Recorder over to Lane County to find the election record of the amended 2000.  The Mayor said the County allegedly told the prior City Recorder that Lane County had no records.  The Mayor said Fred has more information on this matter.

Fred Hilden said he first became aware of this when he looked at the Charter that the City had on file in the office and compared it to the Charter that the webmaster had on the website.  Fred said he noticed that the two Charters were similar but Chapter 35 and Chapter 38 are different.  Fred said there was an amendment in the year 2000 that appeared to have been done and an amendment in the year 2007 that dealt with the moratorium.  Fred said he located the data and then requested research assistance from Lisa Ekelund.  Fred said if you go to Lane County's website at "www.lanecounty.org/elections," there are several places where you can find good election history.  Fred said they found a spreadsheet on that site today that has every single election result that has been handled in Lane County clear back to approximately 1970.  Fred said all of the data that Lisa gathered was pulled from this website.  Fred asked Lisa to present her timeline.

Lisa Ekelund said she started her research at the beginning.  Lisa said on June 11, 1963 the City made a proclamation to incorporate into The City of Dunes.  Lisa said six months later in December, the City created Ordinance No. 1 which was an Ordinance titled An Ordinance To Create the Powers of the City as Defined Herewith.  Lisa said this basically looked like a Charter.  Lisa said it was not called a Charter but it had all of the makings of a Charter.  Lisa added that she did not find anything indicating that this was created from the result of an election.  Lisa said a month later in January of 1964, the City adopted Ordinance No. 2, which was titled An Ordinance Creating the Government of Dunes City as Defined Herewith.  Lisa said this Ordinance created the Government of the City.  Lisa said these two Ordinances were then repealed by Ordinance No. 92 in 1985.  Lisa said Ordinance No. 92 basically only said that Ordinance No. 1 and 2 were repealed with no explanation.  Lisa said the first mention of an actual Charter was in 1972.  Lisa said there was a Charter in the file dated 1972 but it was not signed and there is no record of a citywide vote.  Lisa said it looks like the City prepared for this but it did not happen until 1974.  Lisa said in 1974 there was Measure No. 51 titled Charter for a Mayor/Council Government which passed by vote of 208 yes and 166 no.  Lisa said in 1980 there was another Measure numbered 51 again titled A Measure to Amend the City Charter and this passed by a vote of 405 yes to 103 no.  Lisa said this is when "The City of Dunes" officially turned into "Dunes City."  Lisa said she does not know if this name change was intentional or a typo.  Lisa said in 1986 the City Council approved Ordinance No. 103 titled An Ordinance Prescribing an Initiative and Referendum Procedures providing a penalty and repealing Ordinance No. 36.  Lisa said Ordinance No. 36 was titled Providing for the Manner of Exercising the Initiative and Referendum Powers Reserved to the Legal Voters of Dunes City, Lane County, Oregon, By Sections 1 and 1a of Article IV of the Constitution of Oregon; To Provide the Manner Whereby Said Legal Voters May Enact and Amend Their Municipal Charter Under the Powers Reserved to Them By Section 2 of Article XI of the Constitution of Oregon, and Declaring an Emergency.  Lisa said at this time the City was working under the 1974 Charter with the 1980 amendment.  

Councilor Koehler said he was just wondering, to make this simple, Charter amendments are only done by the vote of the people, is that correct, has that always been Oregon Law?

Lisa said yes this is her understanding.  Lisa said she did not have enough time on this day to research Oregon Law and find out whether or not this has always been the case.

Mayor Hauptman said they were told this by the City Attorney, David Allen.

Councilor Koehler said so in order to look at this, you only have to look at the voted on measures by the populous.

Lisa Ekelund said yes.  Lisa explained that she began with Ordinance No. 1 and 2, because they appear to be the first attempts at a Charter.  

Councilor Koehler said this was good.

Lisa Ekelund said in May of 2000, there was Measure 20-24 titled Require the Electors Vote on Decisions Regarding Participation and Taxing Districts.  Lisa said the title of this measure did not mention anything about the Charter but she did review the actual election packet and on the election form, it did say they were amending the Charter.  Lisa said this passed by a vote of 392 yes to a 93 no.  Lisa the 2007 election was a difficult one to research.  Lisa said Measure 20-128 titled Voter Approval for City Moratorium on Construction of Land Development.  Lisa said just that alone, it is unclear if they were changing the Land Use Ordinances or if they were changing the Charter.  Lisa said she dug around the office and the best information she could find was a newspaper article that was published saying that the City will have an election and it is to change the Charter for this reason.  Lisa said she could not find the actual election packet in the office but she is sure it is probably at the Lane County Elections Office.  Lisa said she is assuming that the newspaper article is accurate.  Lisa said there was a vote and is passed by 350 yes to 258 no.

Mayor Hauptman said in effect, the Charter that the City is operating under is the one that was last amended in 2007. 

Lisa said the City has the Charter of 1974 and it was amended three times, in 1980, in 2000, and in 2007.  Lisa said the Charter the City is working under is the Charter of 1974 as amended.

Councilor Koehler said he just wanted to affirm that if we're working from the 1974 Charter and there's votes in 1980, 2000, and 2007 those are the only amendments to the Charter that have to be confirmed and he says confirmed because we don't actually know aside from newspaper articles that there's record in the County that this was a Charter change, 2007 was a Charter change.

Lisa said she found the results on the Lane County website and these measures that passed by the vote of the people were measures that amended the Charter.  Lisa said the only measure she is not 100% certain of is the one in 2007 because the only information she could find that indicated a Charter change was the newspaper article.  Lisa said she could not locate the     actual election packet.

Fred Hilden said the information from 2007 has to be researched by the County Staff.  Fred said there was no record here at City Hall.  Fred said the Charter that was included in the Council's packet tonight is a little confusing because in the first paragraph it says it's the Charter of 1974 and then in the last paragraph of the Charter is says this is considered the Charter of 1980 and then in the body of the Charter you find the two amendments made in 2000 and in 2007.  Fred said it would appear that the Charter in the Councilors' packets tonight is the most current edition.

Lisa Ekelund said she also found the cover letters that were sent to Lane County for the 1980 and 2000 amendments.  Lisa said prior to the election, the City requested that Lane County review the changes.  Lisa said the letters indicated that the Charter was attached however, a copy of the Charter that was sent was not attached in the City's records. 

Mayor Hauptman asked if Lane County would have a copy.

Lisa Ekelund said it would make sense that they would.

Councilor Koehler said he thinks the Secretary of State is where you go for that.  Councilor Koehler said there is one thing that he has to deal with here because he's biased for the website and accuracy is that these things have to be given to him right from the Recorders computer and it's really important because it follows through with the things that would have been said despairingly regarding Dunes City, we've made amazing progress in the last five years to get things up to date and he (Councilor Koehler) worked in the beginning day and night trying to get it that way just so that the public has transparency view of what we do here and currently we're getting backlogged in some of the minutes and other things and he sure wouldn't mind getting this information right after you deliver it to Council so he could put it on the web to say that this is considered accurate.

Mayor Hauptman said this is why they are researching the Charter, to find out exactly which version of the Charter the City is operating under.  The Mayor said this is part of the problem, should staff send you (Councilor Koehler) bad information or information that we are not sure of, or do we spend the time to research it, which is what Fred started and Lisa finished up with it.  They Mayor said he understands that there are still questions.

Lisa Ekelund said there are still some questions that need to be answered.

The Mayor said it all starts with the Charter.  The Mayor said the City is incorporated, it is chartered, and then the City begins to write its ordinances.  The Mayor said the Council needs to understand and make sure that it is operating under the correct Charter and then the Council can go from there to begin dealing with other Ordinances that may need amendments or adjustments.  The Mayor said he and Fred are going to pursue the League of Oregon Cities about some of the ordinances they have questions on.  The Mayor said these findings will be brought to the Council's attention and then the Council can work on those ordinances during a special session.

Councilor Howison said his understanding of this is that there is the Charter of 1974 and it continues to be the one in effect with three additional amendments despite confusion over 2007.  Councilor Howison said most of the people present should remember this and they should remember what the intent was.  Councilor Howison said he knows when it passed it meant that the City had to have a vote of the people before it could have a moratorium.  Councilor Howison said it seems to him that there is only one Charter that the City has and it has also been amended a few times.  Councilor Howison said this does not seem too complicated.

Mayor Hauptman said we have three amendments that we know of that are in the Charter but we still have a question on the last amendment.  The Mayor said they could still move forward because he does not see the likelihood of calling a moratorium but at least they now know what Charter the City is operating under, it can be emailed the Councilor Koehler with the provision that measure no. 20-128 in 2007 is being confirmed.

11.	 Unscheduled Items Not Listed on the Agenda

·	Re-vegetation of Ocean Blvd.  

Councilor Howison said there is a question if some of the vegetation had been removed on Ocean Blvd. and he was asked to bring this topic up tonight.  

Fred Hilden stated that he has had several email correspondences with Dale Middlestadt.  Fred gave a brief history of the resolution that was passed on 11/13/08 by City Council that allowed parallel parking for more than the normal two-hour period of time along Ocean Blvd.  Fred said David Bellemore who was on the Conservation Committee at the time took the lead and replanted vegetation along with the assistance from some volunteers.  Fred said David babied it through the tender months to make sure that it grew and much to his (Fred's) surprise, the vegetation began to disappear.  Fred said he's had conversations with Dale Middlestadt and what he (Fred) has been trying to do, short of having David Bellemore filing a complaint, is to have a sit-down with Dale Middlestadt, the Mayor, and David Bellemore but unfortunately in the last 6 weeks, Dale has only been in town once.  Fred said Dale is coming to town next week he (Fred) is hoping to put something together on the weekend.

Mayor Hauptman said there has not been an official complaint filed.  The Mayor said they are trying to use a gentle method on this but if Mr. Middlestadt does not get it together very soon, he (The Mayor) thinks a complaint needs to be filed so the Council can move forward. 

Councilor Sathe said he believes that if Mr. Middlestadt comes to town, he will take care of the final issues because Mr. Middlestadt was quick to remove the wood after the Road Commission gave the recommendation.  Councilor Sathe said he thinks Mr. Middlestadt wants to work with the City.

Mayor Hauptman said the removal of the vegetation was an intentional act.

Councilor Navetta said as she remembers it, three people with really bad backs and a small child planted that area.

Mayor Hauptman said this is correct and actually, the small child was Councilor Navetta's grandchild.  

Councilor Howison said some kind of re-vegetation plan is necessary. Councilor Howison said they should go ahead and require a re-vegetation plan and if he does not comply, it could be considered a nuisance.  Councilor Howison said David Bellemore was ready to file a formal complaint but it was requested that he hold off.  Councilor Howison said he thinks this item should be place on next month's Agenda.

Gerald J. Wasserburg ~ 84606 East Lake Dr. ~ Dunes City

Mr. Wasserburg thanked the Council and the Mayor for allowing him to speak.  Mr. Wasserburg thanked the staff for a job well done.  

Mr. Wasserburg said he was asked to Chair the CCI Sub-Committee on Stormwater Management and attempt to draft a code. Mr. Wasserburg said the Committee has not received any input from the City.  Mr. Wasserburg said the principle matter is the concern with the codes and the LUBA appeals and it is the responsibility of the people who charge the Sub-Committee in acknowledging the receipts of the reports they submit and advise of further progress.  Mr. Wasserburg said this is a good business like way of doing things.  Mr. Wasserburg said he also believes that a request was made for a general CCI meeting to review the progress but this has not happened.  Mr. Wasserburg said he would like to suggest if it should be deferred, he would be glad to have it deferred.  Mr. Wasserburg said the Sub-Committee would appreciate they get back to a more businesslike way of doing business.  Mr. Wasserburg said about the webmaster, we have had enormous difficulties in getting any of our materials put on the web and he most seriously objects.  Mr. Wasserburg said we do not even get a response from the webmaster when we have asked for one when we have requested something to be placed on the web.  Mr. Wasserburg thanked the Council again for allowing him to speak.

Councilor Koehler said he would like to respond and Mr. Wasserburg said no.  Councilor Koehler said he would respond to the question without Mr. Wasserburg's presence.  Councilor Koehler said the web had been posting the reports, you have your own page called the stormwater page, he (Councilor Koehler) does not deal directly with Committee members he deals through his Recorder for all information.

Mr. Wasserburg said the Recorder transmitted these things to you (Councilor Koehler) and this is not the way that I (Mr. Wasserburg) am used to doing business.

Councilor Koehler said but if you look at the stormwater page you'll find that information on two installments that were given by the Stormwater Committee if there's a better way of doing something Mr. Recorder tell me (Councilor Koehler) something.
 
Mr. Wasserburg said at first when a request goes in it should be acknowledged and if there is a reason for a delay, the person submitting the request should be informed of the delay.  

Councilor Koehler told Mr. Wasserburg he should ask the Recorder.

Mr. Wasserburg said the Recorder has relayed the information to him and it was very difficult to get the response from the webmaster.

Councilor Koehler began to respond and the Mayor said this topic is finished.

12.	 Adjournment

Councilor Ruede made the motion to adjourn the meeting and Councilor Sathe seconded the motion.  

Councilor Navetta said several months ago, the Council was promised that the Mayor would run the gamut down the row and ask if anyone had anything to say and we haven't done that for several months and she thinks it was a good practice.

Councilor Howison said they still have to vote on the adjournment.  Councilor Howison said it is part of the discussion on whether or not they want to adjourn.  

Mayor Hauptman invited Councilor Navetta to have discussion.

Councilor Navetta said she was having a discussion as to whether we were going to vote on that and in what manner, whether to adjourn.  Councilor Navetta said she asked for the one thing that we had come up with at a work session several months ago where every Councilor would be allowed to say anything he wanted at the end of the meeting and that is why she didn't want to adjourn.

Councilor Howison suggested they begin the vote starting with Councilor Mills.

Councilor Mills said she thinks the point Councilor Navetta was trying to make is that we should vote against adjournment, go do this discussion and then consider a new motion for adjournment.

The vote made by Councilor Ruede and seconded by Councilor Sathe to adjourn the meeting failed by a vote of 2 ayes and 4 nays (Councilor Koehler, Councilor Mills, Councilor Navetta, and Councilor Sathe).

Mayor Hauptman asked what the Council would like to do.

Councilor Navetta said she would just like to talk with one sentence about the "Are Your Ready" program and encourage your friends your neighbors to sign up for it.  Councilor Navetta said it's on October 6th at 6 pm sharp and it will be a wonderful program and help everyone in the community.

Councilor Sathe said he has nothing further.

Councilor Koehler said in light of all of the discussion about the web he would like, not allow any slippage back into the past where we didn't have information present, maybe, and Fred and he are going to be talking about filing systems and how best to keep track of things so that we're not looking all over Hell's kitchen for various files, that will be coming up later on but the issue is to make all of the documents that we, or most of them that we get in our packets available on the web and so he (Councilor Koehler) looks forward to doing  and getting that updated at least 'til November and then we'll work from there.

Mayor Hauptman said he really does not have anything other than the fact that he would like to go home.

Councilor Howison said he would like to commend his two Conservation Committee members, Lee Riechel and Judy Johnson who did a lot of work helping out with our last site review report.  Councilor Howison said there is a vacant position on the Conservation Committee and he would like to encourage people to apply.

Councilor Ruede said she has nothing further.

Councilor Mills said she had nothing further.

There being no further business to come before the Council, Councilor Howison made the motion to adjourn.  Councilor Navetta seconded the motion.  The motion passed by unanimous vote.

The meeting of the Dunes City Council adjourned at 9:50 pm.

The proceedings of the Dunes City Council meeting were recorded on tape, and are on file at Dunes City Hall.  Upon approval by the City Council, these minutes will be available at Dunes City Hall and online at www.dunescity.com

APPROVED BY THE DUNES CITY COUNCIL ON THE 14^th DAY OF OCTOBER, 2010.

[ Signed copy available at City Hall ]
Eric Hauptman, Mayor

ATTEST:

[ Signed copy available at City Hall ]
Fred Hilden, City Recorder

=======================  Committee Reports  =======================

Communications & Education Committee 101014 Report
The Communication & Education Committee met on September 22, 3010 with only two members present sent. Chairman Susie Navetta and Michael Herbert discussed the up coming "Are You Ready" program on October 6th	This program from the Siuslaw Rural Fire Department should be a big success. Ralph Farnsworth donated the card stock and Councilor Richard Koehler donated his time in printing and mailing the information to all of the residents of Dunes City. Koehler also put the information on the city website for better exposure. The Dunes City meeting room has a capacity of 96 persons and we are hoping to fill all of the chairs for this informative meeting If some of the residents missed the meeting they can contact Fred Hilden the Recording Secretary to borrow a DVD of the "Are You Ready" program.
Newsletter - It was agreed that the Council and Staff be asked to send in articles for the newsletter Navetta will notify any interested parties. Navetta will solicit ads to defray the cost of the mailing for the fall issue of the Dunes City newsletter. Councilor Koehler will do the formatting and editing as usual.
Mike Herbert volunteered to write a paper on the SB 360 Forestry.  This bill will help folks protect their property against wildfire Navetta will give a report on the "Are You Ready" program.  Other members of the C & E Committee, April Dumas and Mary Jo Leach will be asked to write articles also.
Susie Navetta, Chair for the Communication & Education Committee

September 21, 2010 Minutes of the Ordinance Review Committee
The Ordinance Review Committee was opened by Chairman Howison shortly after 6 PM with fellow member George Burke in attendance.   Marvin and Darlene Beckman and Counselor Sathe arrived shortly thereafter.  The recently passed Dunes City business license was the sole topic of discussion.  This review was requested by the City Council after passage of the bill and it’s going into effect to determine if changes might be advisable in order to make the bill more workable.  Two topics discussed involved whether subcontractors could be covered by the general contractor in order to avoid the expense and inconvenience of completing a project and whether to require landscaping and tree removal businesses licensing only if their activity occurs in the shoreland or riparian protection zones.  
The consensus was against both changes.  Few general contractors would want the liability of covering a subcontractor’s license.  Also, since projects are planned in advance the subcontractor should always be able to get a license for a particular job since they will likely know in advance.  It was felt there would rarely be a situation where someone would have to be brought in on an emergent basis.
As far as limiting licensing to landscaping and tree removal only in the shoreland and riparian areas it was felt it would be confusing and lend itself to inadvertent violations if such businesses were not licensed.   During the licensing process education concerning this protected zone should go to all that might be asked by citizens do such work in Dunes City.
Since no major problems had surfaced in the over two months since enactment of the ordinance, it was felt that if necessary a reevaluation in approximately 6 months should be considered by this committee.  
There being nothing else on the agenda, the meeting was adjourned shortly before 7:30 PM.
Respectfully submitted, Peter Howison

Parks & Recreation Commission
Report to Council October 14, 2010
Councilor Ruede
The Parks and Recreation Commission met on September 15^th at 3pm.  The agenda centered around work on the signs project. There was nothing new to report on the Playground Park (Lot 700) and we do not expect to hear about the grant application in conjunction with the Road Commission until November. 
There was no new business brought up for discussion.
The next meeting  of the PRC is October 13 @ 3pm at City Hall.

Road Chairman's Report to City Council
October 21, 2010 ~ Prepared by Troy Sathe, Road Chairman

The Road Commission met at 6:30 pm on September 20, 2010 at Dunes City Hall.

The slurry seal project has been completed, as well as the overlay on Hemlock and Alder Street.

Commissioner Smith is still looking for a trailer. Commissioner Curran and resident Ron Tucker are still working on the street inventory files.

We also inspected Ocean Blvd and found we needed to replace 3 signs. The signs are on order right now. The Road Commission also inspected dead trees on Buckskin Bob and I will have a report next month for that. Two (2) deer signs were placed on Clear Lake Road (1 at Huckleberry Lane and 1 at Shady Lane) by Lane County at our request.

The next Road Commission meeting will be at 6:30 pm October 18 at Dunes City Hall.

	Thank you,   	Troy Sathe, Road Commission Chair

SITE REVIEW COMMITTEE REPORT
October, 2010

The Site Review Committee met on September 8, 2010.   I was instructed to prepare a draft letter to the property owner on Buckskin Bob Road and submit it for review before asking the City Recorder to prepare and mail a final version.  The draft letter was submitted to the City Recorder via email on September 16, 2010.

The draft letter to the owner of the property on Parkway Drive was approved by the Committee and I was instructed to submit it to the Council for review prior to it being formalized and mailed over the signature of the City Recorder.  The draft letter was submitted to the City Recorder via email on September 16, 2010.

A sample of the Scotch Broom mailer was discussed.  That sample is attached for review.

The issue regarding the tethered dog has been resolved to the satisfaction of the complaintant. 

Respectfully submitted this 6^th day of October, 2010.

					Jamie Mills, Chairman

Water Quality Committee
Report to Council  10-14-10

During the last month our Water Quality Committee discussed continuing goals some of which were...
	The County’s follow up on correcting the Canary Road slump.  
	The committee gave input to the state’s second hazardous algae meeting.  Information was sent regarding total maximum loads of coastal lakes especially that which was addressed a few years ago to Clear Lake.  State agencies provided similar information.
	Boat washing was reviewed to prevent invasive weeds.  Invasive muscles from boats and enforcement was discussed and requires further investigation.   Boat washing stations are a greater need in order to prevent the degradation of lake water as seen in many other states.  We will contact the Marine Board to see what they can propose.   ODOT will be contacted regarding road run off as well.  Water testers will collect it’s once a year samples on Maple Creek to identify possible sources of pollution.  I asked that the water tester’s graphs in the most recent report be made more understandable.  
	Cooperation from the County is still necessary in order to help Dunes City’s concerns.  Previously we had asked the County for help on a state related issue. We asked them for an inter-governmental agreement for water quality.  We came to realize that quality first starts with proper planning.  With an agreement between the County and Dunes City will be made aware of permits or violations that affect us.  The City would be part of a process concerning issues where we can be of help to the County and the County can be of help to Dunes City.  It is with that goal that furthers our own city goals as outlined in the Comprehensive plan that I move that the City pursue an intergovernmental agreement with Lane County for planning purposes.  

City Recorder Report to City Council
October 14, 2010 ~ Prepared by Fred Hilden

Beginning on September 7^th, Sally Jaeggli of Hough, MacAdam and Wartnik, LLC spent four days at City Hall as part of our 2009-2010 audit. A substantial amount of time was spent organizing files and preparing information for her review. For the most part, the audit is progressing very smoothly with only a few remaining items to be resolved as of month-end.
The demolition permit for the bridges on Mr. Greg Atkeson’s property was received, processed, approved, paid for and the work was completed on September 30, 2010, eight days before the deadline. Update: On Wednesday, October 6^th Mayor Hauptman and I inspected and photographed the site where removal of both bridges had taken place. All work was completed as planned and the Woahink Creek streambed and banks were not disturbed.
During September I completed research on public meetings law, quorums and voting and submitted a report to the Road Commission regarding Ordinance 149 that created the Road Commission. This ordinance and Chapter 32.40 (Road Commission) need to be updated. The Road Commission plans to review the report again at their October meeting as two Commissioners were absent (excused) from the September meeting. 
On September 13^th the certified mail notice for the Notice of Decision to Mr. Dennis Laurie was returned to City Hall “unclaimed.” On September 13^th I sent copies of the Notice of Decision and all additional materials to Mr. Laurie by email. I need to review our procedure for turning accounts over to collections and follow-up on this matter.
I met with Councilor Koehler regarding web site updates and document naming standards on September 16^th and the meeting was very productive. City Council, Planning Commission, Road Commission meeting minutes and the 2010-2011 Budget have all been brought up to date on the web site. The only item remaining is the City Charter and it should be completed before the middle of October.
The on-going search for electricians to perform the electrical upgrades for City Hall continued in September with two additional contacts made. Only one of these contacts is submitting a bid for the work to install lights and projection wiring in the Council Chambers and three outside lights, one for the sign outside the dais, one on the flag and one in the kiosk.
Selena Carter processed all water meeting readings, eight business license applications and sent out thirty septic packets. A new monthly Septic Activity Report is being prepared and will be distributed to the Council by email on Tuesday, October 12, 2010.
Staff attended scheduled City Council, Planning Commission and Road Commission meetings and prepared agendas, meeting packets and minutes, all on schedule.
Respectfully submitted,

Fred Hilden    City Recorder