.

MINUTES OF THE

DUNES CITY ROAD COMMISSION

August 17, 2009, 6:30 PM

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A.               Call to Order  

The meeting was called to order at 6:30 p.m. by Robert Quandt. 

B.   Pledge of Allegiance  

Chairman Quandt led the Pledge of Allegiance.          

C.      Roll Call  

Maria McConnell called the roll call.  

Present:  Road Chairman, Robert Quandt, Commissioners Jerry Curran, Jo Owen, David Persons and   Troy Sathe.  Commissioner Michael Smith was absent and excused.  

Bill Sathe, Lee Reichel and David Bellemore were present in the audience.  

D.   Approval of Minutes – Road Commission – July 20, 2009  

Action         

Commissioner Owen commented on page 8 that the striping of the speed bumps on Huckleberry had not been included in the minutes in comments made by Chairman Quandt.  Chairman Quandt stated that during discussion of the 2009 Road Maintenance project, the only striping scheduled was for the City Hall parking lot and the speed bumps on Huckleberry.  He did not feel that these comments needed to be included in the Minutes and asked that they be deleted.    Commissioner Curran stated that his name was misspelled on page 10.  

Commissioner Curran made a motion to approve the July 20, 2009 Dunes City Road Minutes with the two corrections as noted, Commissioner Persons seconded the motion.  The motion was carried by 5  ayes, 0 nays and the Minutes were unanimously approved.

 

 

 

 

E.  Citizen Input  

     None  

F. Unfinished/Old Business  

Chairman Quandt updated the Road Commissioners on the status of the 2009 Road Maintenance Projects with Dyer Partnership.  He stated that the bids were opened and an award was made to the lowest bidder on August 12, 2009 .  There is a 7 day protest period.  The next step is for the Mayor to review and sign contracts.  After the final step is taken, work will begin and a work schedule will be available.

(1)  Road project's communication campaign.  Next step in process.

 

Chairman Quandt advised the Commissioners that a press release was put out to advise the citizens of the slurry seal application.  He stated that the residents were told they could attend a meeting that would explain the slurry seal process.  He stated there has not been much of a response, however, the few people that have responded will be contacted.  

Chairman Quandt stated that the next step will be the narrowing down of the actual dates of construction.  He acknowledged and complimented the work and contacts Commissioner Sathe has made to get the information out to the public by enlisting volunteers to pass out brochures in the neighborhoods effected.  He stated we are waiting for information from the contractor of the actual dates before we distribute the flyers.  

Commissioner Owen asked how much notice time will the residents receive.  

Chairman Quandt stated they will notify them as soon as possible but at least within a week of the construction.  

(2)    Update on contracts/road maintenance schedule.  

Chairman Quandt stated that the #2 item on the agenda is the same as the information already covered and moved on to the next agenda item.   

 

G. New Business

 

(1)  Discussion and assign task group to review and revise the Dunes City Master       Roads Plan.  

Chairman Quandt stated the updating of the Master Road Plan will be a long term project and he wants to assign a task group and that Commissioner Smith has agreed to lead the group.  He stated that Commissioner Sathe and himself would not be involved initially as they will be focusing on the 2009 Road Maintenance Project but they will be available to organize meetings and review the information obtained from the task group.   

Chairman Quandt stated that the Master Road Plan may not have been reviewed by the Department of Land Conservation and Development for the State of Oregon (DLCD) and an update or rewrite of the MRP may need to be approved by them.  Staff is looking into any review documents that may have transpired in 2004 with the DLCD.  In addition the MRP should have more components.  He acknowledged the amount of work that went into the original document and felt the current members of the Road Commission could improve on the document where others left off.  He stated that the MRP is lacking a list of standards and that the Dyer Partnership could assist in adding this information to the MRP.   

Chairman Quandt asked Lee Reichel, seated in the audience, if he recalls the process that was in place in 2004 to approve the MRP.   

Mr. Reichel stated that the MRP is mentioned in the 2004 City Council Minutes when it was approved by the City Council.  He did not recall any correspondence with the DLCD at the time and recommended that any amendments to the MRP be reviewed by them if necessary.  He stated that in 2004 there was a lot of turmoil in the office staffing and it may not have been submitted to the DLCD and he also was not sure if the DLCD is required to review it.  

Commissioner Owen stated that it is her understanding that no other city has a MRP.   

Commissioner Persons stated he was on the Road Commission when the MRP was developed and that a lot of the information contained in it was derived from other cities, such as Bandon, Waldport and Veneta then applied to Dunes City . He commented that a lot of work and time went into the creation of the MRP.  

Chairman Quandt stated the MRP references other ordinances such as Chapters 90, 154 and 155 of the Dunes City Codes.  He stated it was unclear as to why the MRP includes language that procedures listed in the MRP supersede other city ordinances and would like to resolve this issue.  

Discussion ensued between Commissioners Sathe, Curran, and  Planning Chair, David Bellemore regarding pre-existing roads. 

Commissioner Sathe stated if the original surface of a roadway is removed, it is no longer pre-existing.   

Commissioner Curran stated that removing a road surface, did not remove the road.  

David Bellemore advised that if you take out the surface of a road and then abandon the road, after one year it would be considered a reconstruction.  

Chairman Quandt stated these discussions will be made during the task group review.  He stated he would also like to update the job descriptions, funding resources, etc. that are included in the MRP.  

Lee Reichel advised that he recalls the Road Secretary at the time, Christie Lewis, had a red copy of the MRP that included a book of amendments and notes on items that needed to be changed.  He felt the location of that book would provide a good resource of information for the update.  

Maria McConnell, Road Secretary said she would try to locate it.  

Commissioner Sathe recommended former Road Commission member, Linda Lauck, as a good source for information on the MRP and stated she might be interested in contributing her time to the update.

 

(2) Foothill Road issue and city owned property.

 

Chairman Quandt updated the Road Commission on the situation on Foothill Road .  He stated the City received a complaint that heavy equipment and a crane were entering the property at the end of Foothill Road and potentially damaging the roadway.  After further investigation by the city, it was discovered that the property owner of land located in Lane County , Tom Skeele, was allowing an adjacent  property owner in Dunes City to use his land in order to gain access to the septic field in their backyard.  It has been noted that there is some minor damage to the roadway  

Chairman Quandt stated there are other issues remaining, however, with this site.  He stated that a fence has been illegally located on the property line and a locked gate installed, denying access to the publicly owned road and the city property.  Information contained in the RLID tax files and in information on file with the city, indicates the city owns a .72 acre parcel located in the gated off area.   

Chairman Quandt explained that the City is in the  documentation phase and we are trying to find the original documents that explain the chain of custody of this property from the original grantors.  He stated that Gary Darnelle, former City Attorney had worked on this issue and concluded that additional documentation was needed to prove ownership of the property.  In 2004, the City wrote a letter to the Skeeles asking them to remove the fence and they never complied.   

Commissioner Curran asked if there is any development in the area owned by the Skeeles.  

Chairman Quandt stated that the area is zoned RR10 which requires a ten acre minimum per residential unit and there has not been any development.  However, Foothill Drive was dedicated to Dunes City and to the public, according to County records.  

Chairman Quandt stated it is his understanding that it is a public road and 2nd and 3rd Street are only on paper but that they are legally binding.  He stated that the .72 acre lot was donated to the city and was designated to be a park/play lot for the residents of Dunes City and now is landlocked because access to the property has a locked gate on it.  

David Bellemore stated that this is a similar situation to the one on Greengate Road where there was a prescription easement.   

Chairman Quandt stated that Greengate Road was determined by a judgment recorded in 1949 that designated it as a public road.  

Chairman Quandt stated that the city has been in contact with Bill Fleenor, County Commissioner to help resolve this problem.  He stated he has been invited to make a one-page presentation to the Lane County Commissioners to discuss this topic as well as others effecting Dunes City and he is in the process of putting together his 15 minute presentation.  In a discussion with Diane Burch, Bill Fleenor’s Assistant, she has advised him of the procedure to make his presentation.  He will also discuss the withdrawal of the city/county road funds from the timber payments.  

Commissioner Owen asked regarding the time line in receiving and reviewing grants.  She stated that in the past, the Road Commission was not aware of grants that were available until they were almost to their due dates or beyond.  

Chairman Quandt stated that some of the grants have come through without time limits and we will be keeping better track of them and when we get a Director of the Roads Department who will be working on grants.  

David Bellemore asked if the City is successful in getting the timber money back, can a portion of it be used for law enforcement.   

Chairman Quandt stated he will be asking for the $65,000 a year the City received in the past for the Road's Department but he would also address any other issues the members of the Road Commission, other Commissions and the City Council would like him to address during his presentation.  He stated he was also contacting other cities that have also lost their timber payments to discuss how it has effected them.  

H.  Unscheduled Items Not Listed on Agenda  

No items  

I .  Communications  

1.  Review of correspondence regarding equipment inventory.  

Chairman Quandt reviewed a letter that was sent to Robert Petersdorf regarding his assistance in locating several items that were listed in the Fixed Asset Inventory and have not been located, namely a brush cutter and a hedge trimmer purchased in 2005.  

Commissioner Sathe stated he met with Robert Petersdorf and he informed him the brush cutter and hedge trimmer had been loaned to the Parks Commission.  Commissioner Sathe located the missing items and they were returned to the Roads Department.  

Chairman Quandt stated that this issue has been resolved.  Members of the Road Commission expressed their desire to speak on additional topics not listed on the agenda.  Chairman Quandt continued the meeting to cover those issues.  

    2.  Road Commission Discussion  

Commissioner Persons discussed his alarm at the tone of the verbal message left on Chairman Quandt’s cell phone by Tom Skeele regarding the Foothill Blvd. situation.  

Chairman Quandt stated he called the Skeele's to discuss the trucks entering the property and the locked gate and received a barrage of verbal abuse.  He stated they hung up on him during his initial call, then called back and he hung up on them as they continued the verbal abuse then there was an additional message left on his cell phone when I decided not to answer it.  The City Recorder asked me to document the conversation I had with Tom and Skippy Skeele as well as the recording from my cell phone, which I did and distributed it to all concerned with this situation.  

Commissioner Sathe stated clarification of ownership of the property is necessary and if it is a designated playground.  He stated it is his recollection that Wilbur Ternyk was the Mayor of Florence when the property was donated to Dunes City .  

Chairman Quandt stated that the lot is a Dunes City property located in Lane County .   

Commissioner Sathe stated that at the time of the dedication of the property, in 1955, Dunes City was not a City, so the property fell under the jurisdiction of Florence . The City of Florence donated it to Dunes City in 1975 when Wilbur Ternyk was the Mayor of Florence.  

Chairman Quandt stated he wants to validate a chain of custody of this property and review the topics raised by Gary Darnelle, former City Attorney.  

Commissioner Sathe thanked Road Secretary, Maria McConnell for keeping them all informed regarding issues that effect the Roads Department.  The other members of the Commission joined Commissioner Sathe in expressing their appreciation.  

Maria McConnell thanked them for their acknowledgement.  

Commissioner Persons asked for an update on the Road Director job offering.  

Chairman Quandt advised that the City Council approved the Resolution regarding the job description.  As the Road Commission requested, the City Attorney will be drawing up the employee contract and he is currently waiting for that to be completed.  He stated that the City Council will then review the contract and if approved, a classified ad will be placed in the Suislaw News.  The Road Commission will be kept up to date on the process and he hopes to begin interviews in early September.  

Lee Reichel commented regarding the 2009 Street Maintenance Project and advised that the task group be a semi-formal group and that any meetings they conduct are announced and posted and that it be transparent.  

Chairman Quandt stated that he would like to dodge any problems that might arise by keeping the public well informed of the process every step of the way.  

Commissioner Sathe recommended that Lee Reichel be in the group.  

Chairman Quandt stated that Lee Reichel and David Bellemore are both reworking the stormwater ordinance.   

Lee Reichel thanked Troy for his invitation but stated the Stormwater Ordinance is a priority at this time.  

Commissioner Sathe reviewed the request by Roberta Dalbeck that the overhang of trees on Huckleberry be trimmed high enough for RVs and motorhomes to clear them.   He stated that many residents on Huckleberry have paid for “No Brushing Permits” and recommended the Road Commission review any brush cutting with the residents before any trimming is begun.  

Chairman Quandt stated there are some minimum requirements that need to be met and the Road Commission will have to make an on-site inspection before any trimming proceeds.  

Chairman Quandt advised the Road Commission that he needed to organize a site review on Booth Island for a Facilities Permit on Eggert Madsen’s property and asked that three members volunteer to go on the site inspection.  

Commissioners Curran, Persons and Owen stated they would participate in a site review and to let them know when it is scheduled for.  

Chairman Quandt stated there is quite a bit of brushing and limbing to do and that Maria McConnell is trying to work out an arrangement with County Recycling to get us a more economical rate to dispose of debris then we have been paying at the County facility.  

Chairman Quandt listed Salal Street , Fish Mill Way and Hemlock as their first priorities and there are several stop signs to replace.  He referenced the task list that he emailed out to the members and asked them to fill out their lists and submit them to Maria where the list of tasks will be added to a master list on a clipboard in the Road’s Department office.  

Discussion ensued among the Commissioners regarding the best dates to complete the projects.   Commissioner Curran stated weekdays are better for him.  

J.  Adjournment  

Action  

Commissioner Persons made the motion to adjourn the Road Commission meeting at 7:45 PM , motion seconded by Commissioner Sathe and unanimously approved by 5 ayes and 0 nays.   Meeting adjourned at 7:45 PM 

___________________________    ______________________________

ROBERT QUANDT                                                    MARIA MCCONNELL

CHAIR                                                                       ROAD SECRETARY