.

Dunes City Planning Commission

M I N U T E S REGULAR SESSION – October 22, 2009 at 6:00 pm

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 City Hall - 82877 Spruce St. , Westlake , OR 97439

 

1.     Call to Order by Planning Chairman David Bellemore  

The Planning Commission meeting was called to order by Planning Chairman, David Bellemore at 6:07 p.m.  

2.     Roll call  

Roll Call was taken by Planning Secretary, Lisa Ekelund .  

Present:    Planning Chairman David Bellemore , Vice-Chairman Ken Platt , Commissioner Marilyn Miller , Commissioner Ken Henderson , and Commissioner Ron Shearer .  

Absent:     Commissioner Dennis Smith (excused).  

Citizens present:  3 citizens were present.  

3.     Pledge of Allegiance  

The Planning Chairman, Commissioners, Staff, and Citizens stood for the Pledge of Allegiance.  

4.     Approval of the minutes  

  • Planning Commission Minutes of 09/24/09

Lisa Ekelund stated that through an email, Commissioner Shearer requested his unexcused absence from the meeting minutes be changed to excused because he was out of the Country.  

After discussion on the matter, the Planning Commission agreed that Commissioner Shearer should be excused.  

Commissioner Henderson said he would like to add to page 3 in the last sentence after Dunes City , "and thusly will abide by the results; this is not a punitive matter."  

Commissioner Miller said on page 4, in the 3rd paragraph, the date should be changed from October 23rd to October 22nd.  

Commissioner Henderson made the motion to approve the minutes of 09/24/09 as amended and Commissioner Miller seconded the motion.  The motion passed by unanimous vote.  

5.     Public hearing  

  • Amendment to Chapter 157 within Dunes City Code of Ordinances entitled "Septic System Maintenance".

Chairman Bellemore opened the public hearing at 6:14 p.m.  

Chairman Bellemore said in the first segment of the public hearing they listened to public testimony.  Chairman Bellemore said in the first segment of the meeting, they had 2 rough drafts, comments from the Planning Consultant, and comments from the Administrative Assistant.  Chairman Bellemore said they directed the City's Planning Official, Lisa Ekelund to merge all of the input and draft documents into one.  Chairman Bellemore said Lisa appointed himself and the Administrative Assistant to assist in combining the documents.   

Commissioner Platt said the Planning Official, the Administrative Assistant, and Chairman Bellemore did a good job on combining the documents.  

Chairman Bellemore asked if any of the Commissioners had any conflict of interest with this matter.   

Commissioner Henderson said he sat in on the Water Quality Committee and he assisted with one of the drafts.  

Chairman Bellemore said the fact that Commissioner Henderson worked on one of the drafts is a bias issue and bias does not matter because this is a legislative matter.  

Commissioner Henderson said Dunes City staff should not have to be a technical player in this.  Commissioner Henderson said they need templates that qualified licensed inspectors can use to let the City know that they have done the work.   

Commissioner Platt said he called three septic inspectors and they all said he would need to be pumped.  

Commissioner Bellemore said they were informed by the inspectors that they don't always have to have it pumped and Commissioner Bellemore continued to explain the technical reasons why pumping may not be necessary.  

Commissioner Platt explained the differences in septic systems that have 1, 2, or 6 people using it and questioned why they are all subject to the same rules.  

Chairman Bellemore said the reason for the ordinance is to locate defective systems.  Chairman Bellemore said when he spoke with the septic inspectors, the inspectors said they test the solids depth by sticking a pole down in the tank and this lets them know if they need to pump the tank.   

Commissioner Platt said he is all for a septic ordinance because he wants the drinking water to be safe.  

Chairman Bellemore explained that the State standards were twice as loose as one of the drafts.  Chairman Bellemore said if the stricter standards were set in the ordinance, it would cause more pumping.  Chairman Bellemore said "too loose" works against the lake and "too tight" works against the people.  

Commissioner Henderson said he spoke to Norm Wells and some of the things they see around town are systems that are designed for only 2 people.  Commissioner Henderson said if more people move in and use a 2 person systems it can be detrimental.  

Chairman Bellemore said the record is still open if any citizens would like to give input.  

Debbie Pasternak and Eric Hauptman 5188 Hilltop Dr.  

Ms. Pasternak questioned if there will be a Dunes City approved inspectors list as mentioned under section 157.040...   

Chairman Bellemore said yes.  

Commissioner Shearer said the list would not be in the ordinance because it might change over time.  

Mr. Hauptman said the ordinance specifically requires a Dunes City list.  Mr. Hauptman said he thinks the intent there was in case the City finds that an inspector is not doing what they want them to do then the City can take them off the list.   

Commissioner Henderson said they would not exclude anybody if they were qualified.   

Mr. Hauptman asked if the City had approved forms.  

Chairman Bellemore said they do have an approved form but it needs a few words changed on it.  

Ms. Pasternak said in 157.095(A), 157.095 (A) (3), and 157.095 (E) "lien against property", the verbiage sounds "off" to her.  

Mr. Hauptman said it should say "owner and/or owners' representative if known by the City" instead of "person in charge of the property".   

Mr. Hauptman asked Commissioner Platt about his 3 phone calls on inspections.  

Commissioner Platt said he called 3 places for inspections and all 3 inspectors said they needed to pump.  Commissioner Platt said the inspectors told him this because they were under the impression that it was in the current septic ordinance.  

Commissioner Henderson said anyone who is up to be an approved inspector should get educated on the ordinance and possibly have them sign something saying they've been trained.  

Mr. Hauptman explained his experience in the past when having his system inspected and pumped. 

The Commissioners and Mr. Hauptman continued discussion on the various scenarios of inspectors, business licenses, training, and the possibility of bribery or fraud.  

The Planning Secretary and Chairman Bellemore stated that perhaps a postcard follow-up from the citizens would help to give the City feedback on inspectors.  

Chairman Bellemore said if the inspectors know that the City is doing a follow up, it would help to keep the inspectors in check.  

Ms. Pasternak asked regarding "frequency of inspections" number 3, could the commissioners define "other time intervals specified by the city."   

Commissioner Bellemore said there is a lot of variation in commercial usage and it gives the City an option on deciding if intervals need to be changed.  

Mr. Hauptman and Ms. Pasternak took a seat in the audience.  

Commissioner Shearer questioned the $250 fine and what if someone could not get their system fixed within the time limits.  

Chairman Bellemore said the City Recorder would have the power to grant extensions based on individual circumstances.  

Commissioner Henderson said regarding 157.090, instead of "shall," it could say, "may".  

Chairman Bellemore said, "may," means the amount could change and "shall" makes it $250 per day.  

Chairman Bellemore closed the public hearing at 7:10 p.m. and the Commissioners went into deliberation.  

Commissioner Shearer suggested extensions be allowable under system failure by direction of the City Recorder.  

At 7:15 p.m. , the public hearing was reopened by Chairman Bellemore to make sure John Stead 's email was put into the record.  Chairman Bellemore read Mr. Stead 's email.   

Chairman Bellemore closed the public hearing at 7:17 p.m.  

The following are suggested changes by the Planning Commission:  

  1. Add a request for extension in 157.070.
  1. Under 157.095 (A), (A) (3), and (E) it should be changed from "owner and the person in charge" to "owner and/or owners representative if known by the City".
  1. Adopt in John Stead 's suggestion of rewording the title.
  1. In 157.095 (B) take out "at least 14 calendar days after the date of the notice" previously stated as "at least 10 days after the date of the notice".

Commissioner Shearer made the motion to accept the amendment to Chapter 157 within Dunes City Code of Ordinances entitled "Septic System Maintenance" as written with the addition of the 4 amendments proposed tonight.  Commissioner Platt seconded.  The motion passed by unanimous vote.  

6.     Adjournment  

There being no further business to come before the Planning Commission,  

Commissioner Henderson made the motion to adjourn the meeting.  Commissioner Miller seconded the motion.  The motion passed by unanimous vote.  

The meeting of the Dunes City Planning Commission adjourned at 7:42 p.m.  

The proceedings of the Dunes City Planning Commission meeting were recorded on tape and are filed in the City Recorder's office. The complete minutes of this meeting is filed in the City Recorder's office.  Upon approval by the Planning Commission, these minutes will be available online at www.dunescity.com  

 

Respectfully prepared by,  

Signed copy available at City Hall

Lisa Ekelund

Planning Secretary  

 

Approved by the Planning Commission on the 25th day of February 2010.  

 

Signed copy available at City Hall

David Bellemore

      Planning Commission Chairman