REGULAR MEETING
A.
Call to Order
The meeting was called to order at
6:30 p.m.
by Vice-Chair Curran
B. Pledge of Allegiance
Vice-Chair Curran led the Pledge of Allegiance.
C. Roll Call
Maria McConnell, Road Secretary called the roll call. Vice-Chair Jerry Curran, Commissioners
Michael Smith, Troy Sathe and Jo Owen were present. Maria McConnell, Road Secretary, Gary Baker
Director of Roads were present.
Mayor Eric Hauptman, Amy Graham, City Recorder and David Bellemore, Planning Chairman were present.
Present in the audience were citizens Robert Quandt, Tracy Quandt, Bill Sathe, Hank Leach and George Burke.
D. Approval of Minutes –
Road Commission –
January 18, 2010
The Minutes of the January 18, 2010 meeting were approved with the following corrections, page 7, 7th paragraph removal of
repeat "that"; page 7, 4th paragraph spelling correction to word "placing."
Action
Commissioner Smith made the motion to approve the Minutes with the changes as noted, motion seconded by Commissioner Owen and approved by
3 (ayes) and 0 (nays).
E.
Citizen Input
Vice-Chair Curran advised the Commission that Ken Gregor,
83520 Woodland Lane
, applied for a permit to install an underground service to a building on his property. The permit has expired and
he needs to obtain a new permit, however, there are several issues that need to be resolved and Vice-Chair Curran and Commissioner Sathe, after
meeting with Mr. Gregor at his residence, asked him to attend tonight's meeting.
Vice-Chair Curran requested that Mr. Gregor's permit issue be discussed as soon as he arrives.
Commissioner Sathe added that it is important for Commissioners Smith and Owen be involved in this subject as there
are 8 water lines and a high voltage cable also located on this site.
Mayor Hauptman advised the Commissioners that this has been an ongoing situation for several years. Mr. Gregor's property was a vacant lot and the off lake neighbors thought they could run their water lines across it. In addition there is an easement
that runs next to this lot and some of the neighbors moved their water lines off of his lot and some didn't so unfortunately, this issue has never been resolved and needs to be addressed.
Vice-Chair Curran stated he had Maria McConnell do some research on this and there was an easement granted on
Francis Bay Lane
that is indicated on a surveying map from 1948. There has been some confusion as to who owns this easement, if it
is City owned or owned by several of the property owners.
Commissioner Sathe stated he looked up Road Commission Minutes and according to the records he reviewed Francis Bay
Lane is a city road. He also recommended that the Road Commission go out to review the site.
Mayor Hauptman also recommended that Nolan, the City Building Inspector, go out and review the site.
F. Communications
(1) Letter of Resignation from Chairman
Robert Quandt.
Vice-Chair Curran thanked Robert Quandt for the time he served the City as a Road Commissioner and Chairman as well as a City Council
member. He stated that he was sorry to see him resign.
Robert Quandt addressed the Road Commission and announced he was now Robert Quandt, a citizen of
Dunes
City
.
Mr. Gregor arrived at
7 PM
to discuss
83520 Woodland Lane
.
Vice-Chair Curran recognized the arrival of Mr. Ken Gregor and allowed him to speak regarding his
permit.
Mr. Gregor stated all he wants to do is install a cable approximately 10 feet into the City's right-of-way to hook into a power box. He stated there are two large tree stumps in the way and he is going to have to trench down deeper than normal to get around them.
Vice-Chair Curran advised him to have an electrician and plumber on the site in case anything goes wrong.
Amy Graham, City Recorder, advised the Road Commission they would have to decide whether to approve the permit before any work could be
done.
Mr. Gregor stated he has pulled an electrical permit and all he needs is permission to go across the roadway from the Road
Commission.
Commissioner Sathe recommended the Road Commissioners review the site and bring it back to the
March 22, 2010
meeting.
Commissioner Smith agreed that the Road Commission should meet again on
March 22, 2010
and give Mr. Gregor a decision then.
Vice-Chair Curran and the Road Commissioners agreed to meet on Saturday afternoon,
March 20, 2010
to look at the
Woodland Lane
site.
Vice-Chair Curran returned to the agenda item "Communications"
(2)
Letter of Resignation from Commissioner David Persons and attached copy of the Brown Act regarding quorum communications between Commissioners.
Vice-Chair Curran expressed his regret for the resignation of David Persons and felt he was an asset to the Commission and thanked him for
his many years of service to the City. He also advised that a copy of the Brown Act was attached to Mr. Persons' resignation and he felt it was a
good guide for the Commission.
Commissioner Smith agreed that the suggestion regarding quorum communication from Mr. Persons was a good recommendation and he wished to
apologize for any miscommunication that may have occurred regarding the updating of the Master Road Plan. He stated
Oregon
does have a public meeting law, however, the Brown Act does not apply in
Oregon
. He stated he was trying to collate data he received from the Commissioners to be presented at the meetings for
discussion and there was never any behind the scene meetings of the Commissioners.
Discussion ensued among the Commissioners regarding the updating of the Master Road Plan.
Vice-Chair Curran stated he would like to postpone the update of the MRP to a later date when the Road Commission is better prepared and
have Ordinances in place that have legal standing.
Commissioner Sathe agreed that the update of the MRP should be postponed and the Road Commission should make a motion.
Vice-Chair Curran stated that the update was a directive, therefore, didn't need a motion, so as a directive he agreed the MRP should be
postponed and that they would also welcome input from Gary Baker in the updating of the MRP.
Mayor Hauptman advised the Road Commission that they needed to recognize Gary Baker, Director of
Roads who wanted to make a statement.
Vice-Chair Curran recognized Gary Baker.
Gary Baker, Director of Roads, stated that he would not be able to continue in his role as Director of Roads. He stated his current employer in CA had experienced a change in staffing and work load and he would have to dedicate more time to that position. He stated, however, he may be available on an "as needed" arrangement. He thanked the Road
Commission for their support.
Vice-Chair Curran thanked Gary for his hard work and the creation of the Pavement Management System and told him he would be a tough act
to follow and Dunes City, thanks to Gary's hard work, has a plan in place that is going to work for many years to come and he was proud to be a part of it.
He stated that Gary Baker and Robert Quandt worked very hard on the Pavement Management System and hopes the system will continue to be applied in the coming years.
Mayor Hauptman stated he and Gary discussed the possibility of him working on a consultant basis and perhaps he can help with the update
of the MRP. He is hopeful that they will be able to work more with Gary Baker on grants and other road issue items.
Commissioner Owen asked if we will be hiring a new Director of Roads.
Amy Graham stated the City will be looking to replace him and we will also be looking at ORD #32 that
specifies that the Director of Roads replaces the Road Commission Chairman.
Robert Quandt stated there are a lot of options for the Director of Roads position and there
is nothing that precludes the Road Commission from filling this position with a volunteer. The job description is flexible and the Commission can
pick and choose as they see fit, they can get rid of the whole job title or take some of the pieces of the job and only pay fees for those and it might be a good idea to change the smaller
things such as the DOR chairing the commission.
Commissioner Smith stated there is nothing in the ordinance that says the Road Commission can't meet without the DOR.
Vice-Chair Curran stated he is not an employee of the city and he took the role of running the meeting tonight as the Commission decided
that was the best solution at this time.
Commissioner Sathe recommended that Commissioner Smith revise that role and present an outline to be taken to the City Council to change
it.
Commissioner Smith stated he would work on an outline to make that change.
G.
New Business
(1) Review of 2010/2011 Budget for the
Dunes City Road
Commission.
Amy Graham, City Recorder, made a presentation regarding the 2010/2011 budget.
She stated that in last year's budget, the
County Road
fund was left open in case the City were to receive the timber funds. She referred to page 5 of the budget and
stated that just because those funds are in that column it doesn't mean they have to remain there. All the figures approved by the Road Commission
will go to the City Council and they have the option to change them. She stated the budget will be posted on line and final approval will be in
June.
Vice-Chair Curran stated that Bill Fleenor,
County
Commissioner
, is appealing to
Washington
DC
to continue the timber funding money to
Lane
County
, however, it doesn't mean that
Dunes
City
will get any of those funds.
ACTION
Commissioner Sathe made a motion to close the County/City Partnership Fund and put all the remaining balances
in the State/Street fund ($66,232) and if
Dunes
City
were to get the timber money we could then open up another fund.
Commissioner Smith questioned if we needed a motion and stated that the Road Commission can just make a
decision and the City Council could override it. He stated he also recalled that money was to be placed in an emergency fund or contingency fund.
Vice-Chair Curran agreed with Commissioner Sathe to make a motion and seconded the motion to close the account
and transfer the funds to the State/Street Fund (last line on page 6).
Discussion ensued regarding the amount of the funds and the balances. Amy
Graham stated she would have to check those figures and get back to the Road Commission.
Vice-Chair Curran called a vote for the motion and the second (3) Ayes and (1) Nay. Motion passed.
Rob Quandt advised that when the Road Commission increased the scale last year, a new valuation needed to be
done so there could be a method built into that logic tree. He stated that Commissioner Smith has that information and he would be willing to work
with the Road Commission on it.
Commissioner Smith stated that the Road Commission needs to review what the priorities are for this year.
Commissioner Sathe stated that the drainage projects should be done instead of the slurrys.
Robert Quandt stated that in 2009 the Road Commission repaired the roads with a PCI ratings up to 72 and every
year the rate falls on the degradation and he recommended that this year the reconstructions, drainage and preventative maintenance should be taken care of.
Discussion ensued regarding
Jensen Lane
,
Fish Mill/Lake Blvd.
and Hemlock.
George Burke stated that 85% of the repair is on
Lake Blvd
and about 15% is Fish Mill and this should be a top priority for the Road Commission in 2010. He stated he is
asking the City Council to approve the easement that he is giving to the city and asked for a recommendation from the Road Commission to approve it so that we can get this going as it has
been going on for eight years.
ACTION
Commissioner Smith made the motion that the Road Commission recommend to the City Council that they accept
George Burke's easement in order for the Road Commission to move forward on the road repairs, motion seconded by Vice-Chair Curran and unanimously
approved (4) ayes and (0) nays.
Amy Graham asked the Road Commission to get back to the budget as it is already
8 PM
.
Discussion ensued regarding the possibility of receiving grant money, budget amendments, and a supplemental
budget.
Vice-Chair Curran recommended that the Road Commission have a meeting on
March 22, 2010
in order to have more time to look over the budget and make their recommendations.
Amy Graham stated the first budget meeting is April 27th and she will need to have the Road
Commission's figures before that time. She recommended Vice-Chair Curran have two members of the Road Commission meet with her before the March
22, 2010 meeting to discuss the budget items.
Vice-Chair Curran stated he and Commissioner Owen would meet with Amy before the
March 22, 2010
Road Commission meeting.
ACTION
Commissioner Sathe made the motion to postpone the 2010/2011 Budget review until the March 22, 2010 meeting,
motion seconded by Commissioner Owen and unanimously approved by 4 (ayes) and 0 (nays)
H. Unfinished/Old Business
(1) Review of procedures necessary in order to create a Road Commission Auxiliary composed of citizen volunteers.
Vice-Chair Curran recommended the word "auxiliary" be removed from the description and instead use
"volunteers". He stated they would have no voting power, they can come to meetings and get a copy of the agenda.
Amy Graham explained that an Auxiliary or sub-Committee group or anything of that nature would have to be
approved by the City Council and the City would have to post the formation of this group in the newspaper and they would have to be covered by the city's Workmen's Comp.
Commissioner Sathe stated it is not necessary to follow this process and these individuals are volunteers who
would come and sign in as they have in the past when we have had work parties. They are not a
committee and that wasn't his original intent.
Amy Graham, stated she would have to check out the procedures and
get back to the Road Commission.
Commissioner Smith stated that David Bellemore and Bill Sathe have served as volunteers for the Road Commission
in the past and all that was needed was for them to sign in on the sign-in sheet.
Amy Graham stated that David Allen, the City Attorney objected to the formation of an Auxiliary Road Commission
and she will discuss this issue with him and have an answer for the next meeting.
Commissioner Smith asked if the Road Commission needed to repeal an action made at the last meeting.
Rob Quandt stated that the Road Commission Auxiliary was never intended to be a Committee with any powers and
it has been misrepresented. He stated it is in the record what the original intent of the group was.
Commissioner Smith stated that he appreciated and understood the concept of the group, however, he did not
agree with the method in which it was being done. He stated that the Road Commission is an advisory group and operates within certain parameters
and he didn't believe the Road Commission was creating a new committee.
Amy Graham asked why staff was being requested to put extra packets together.
Commissioner Sathe stated that the volunteers only would be able to get a packet to see if there was a reason
for them to attend the meetings.
Vice-Chair Curran recommended that they be sent or emailed an agenda.
Commissioner Sathe stated he was sorry this had turned into such an issue and that he has discussed this with
members of the City Council and the majority supported it.
Vice-Chair Curran stated the Road Commission needs to retract the word "Auxiliary" from the last
meeting.
Commissioner Smith recommended that the Road Commission repeal and remove what was voted on and re-word it.
Commissioner Sathe asked that the item be postponed until the
March 22, 2010
meeting to let Amy Graham gather the information necessary to form this group.
Vice-Chair Curran recommended that the Road Commission strike the request for "Auxiliary Commission".
ACTION
Commissioner Sathe made the motion to strike the word "Auxiliary" from the Road Commission wording
and postpone further discussion on this issue until March 22, 2010 Road Commission meeting, motion seconded by Vice-Chair Curran. The motion passed with 3 (ayes) 0 (nays) and 1 (abstaining). Commissioner Smith abstained.
Amy Graham advised the Road Commissioners that she will give them the wording to make the action legal and at
that time they can make a retraction of the motion to approve a Road Commission Auxiliary.
(2) Road
Commissioners input as requested from
January 18, 2010
meeting to be included in the Wintertime Drainage Survey for 2010.
Commissioner Sathe stated that several meetings ago the Road Commissioners were instructed to create a report
on streets they wanted to include in the Wintertime Drainage Survey for 2010. He stated that he has reported the two streets he was concerned
with.
Vice-Chair Curran asked the Road Commission members to bring back a report at the
March 22, 2010
meeting of any streets they wish to include in this report.
(3)
Review of draft Resolution authorizing the immediate removal of illegally parked vehicles obstructing the safe flow of traffic in the Dunes City
Road Right-of-Way.
Commissioner Smith explained that the Draft Resolution created by Rob Quandt was to be brought before the City
Council for approval in order to incorporate the towing ordinance into the Courtesy Notice.
Discussion ensued regarding the courtesy notice being based on the MRP and the need for a towing ordinance.
ACTION
Vice-Chair Curran recommended that the Resolution be passed on to the City Council.
Commissioner Smith made the motion to forward the Draft Resolution authorizing the immediate removal of
illegally parked vehicles, obstructing the safe flow of traffic in the Dunes City Road Right-of-Way, on to the City Council for approval, motion seconded by Commissioner Sathe and
unanimously approved by 4 (ayes) and 0 (nays).
(4) Review of laws pertaining to a similar resolution from City of
Florence
,
City of Banks
,
Oregon
as well as a copy of Dunes City Ordinance No. 176 concerning nuisances.
(5) Review of Chapter 90 Right-of-Way provisions for the Master Road Plan.
Vice-Chair Curran advised these two items will be postponed as they concern the MRP and the Road Commission is
going to gather more information for this project.
Discussion ensued regarding the two hour parking limit being too restrictive, parking on
Lake Blvd.
, lack of parking lanes in
Dunes
City
, bicycle paths and enforcement issues.
Vice-Chair Curran stated the Resolution and Courtesy Notice would be addressed at a future meeting after the
City Council reviews it.
I. Unscheduled Items Not Listed on Agenda
Commissioner Sathe asked for a brushing date to be set and stated he has received a request from Linda Lauck to
look at Kiechle Arm and that on Hemlock there is a street sign that is covered by brush. He also advised of work to be done on
Woodland Lane
and several small jobs.
Vice-Chair Curran and the Road Commissioners agreed to meet on
Saturday, March 20, 2010 for a work party.
George Burke suggested that the City contract the brushing work out to
Lane
County
as he felt it was a lot of work for volunteers.
J. Adjournment
Commissioner Smith made the motion to adjourn, motion seconded by Commissioner Owen and unanimously approved by
4 (ayes) and 0 (nays). Meeting adjourned at 8:49 PM
____________________________
JERRY CURRAN VICE -
CHAIR