Dunes City Council     M I N U T E S     Regular Meeting – October 11, 2007 - 7:00 P.M.   RTF file

COUNCILORS PRESENT:    Mayor Sheldon Meyer, David Bellemore, Peter Howison, Richard Koehler, Susie Navetta, Bob Petersdorf, John Scott

COUNCILORS ABSENT:   None.

OTHERS PRESENT:      Joanne Hickey, Gary Darnielle, Teri Tinker (staff); George Burke (Planning Commission Chair), and approximately 25 citizens.  

   1.      CALL TO ORDER

            Mayor Sheldon Meyer called the meeting of the Dunes City City Council to order at 7:00 p.m.

            City Recorder Joanne Hickey called the roll and noted that a quorum was present.

            Councilors joined in the Pledge of Allegiance.

   2.      CONSENT AGENDA

            Mayor Meyer stated that the Consent Agenda included acceptance of the Minutes of the September 13, 2007 , Council meeting and approval of the Bills of the Session proposed for payment dated September 14 through October 11, 2007 .

            Mayor Meyer noted that the Bills of the Session totaled $24,891.01.  He reviewed 10 which totaled $1,000 or more.

            Councilor Susie Navetta requested that the Bills of the Session be removed from the Consent Agenda.  Mayor Meyer determined that the Bills of the Session would be considered immediately following action on the Consent Agenda.

            Councilor Bob Petersdorf moved, seconded by Councilor Navetta, that the minutes of the September 13, 2007 , meeting be accepted as submitted.

            Councilor Peter Howison suggested that Sentence 1 of Paragraph 1 on Page 2 the minutes be changed to identify that it was Councilor David Bellemore, not Councilor Richard Koehler who had asked the guest speaker to address the Council, rather than the citizens present.

            Councilor Koehler stated that he had made the request.

            The motion to accept the minutes was adopted unanimously, 6:0.

            Councilor Navetta explained that she had asked that approval of the Bills of the Session be removed from the Consent Agenda because she was concerned that the work on the boardwalk on the river for which a bill from Tinker’s General Contracting had been submitted had not been awarded on the basis of a competitive bidding process.

            Councilor Howison asked if the work was not authorized through a competitive bidding process because the funds for its payment were from revenue other than the General Operating Fund.

            City Recorder Joanne Hickey reported that the funds to pay for the work would be from a designated Rural Tourism and Marketing grant.  She said the boardwalk project had been under consideration by the Parks and Recreation Committee for some time, that she had seen the building permit when it had been approved, that she was not aware of the process used to make the award, but that she had assumed proper procedures had been followed when the bill was submitted for payment.

            Councilor Bellemore asked if the fact that the revenue used for the work was a grant put it outside the purview of the Council.

            Councilor John Scott stated that a member of the Parks and Recreation Committee had assumed responsibility for securing bids for the work, but that he was unaware of how many had been secured.  He explained that the contractor was to do framing of the boardwalk and that installing decking was to be done by volunteers.  He said work of the contractor was completed, the material for the decking was on hand, but that the volunteers had not yet completed their work on the project.

            Councilor Petersdorf reported that, in the past, Rural Tourism Marketing Program funded projects were proposed and approved by Lane County .  He said he did not believe bids were required because the estimated cost of the project had been pre-approved and was also included in the annual budget.

            Councilor Howison asked if it was true that Dunes City contracting regulations required a bidding process for projects over $2,000.

            Ms. Hickey said assuming that bids had not been secured for the boardwalk project was a presupposition.

            Councilor Howison moved to postpone payment of the bill for $4,800 submitted by Tinker’s General Contracting until the November City Council meeting when assurance could be provided that proper bidding processes for the work had been followed.

            Councilor Scott said he believed it would be unfair to the contractor submitting the bill to delay its payment for a month.  He suggested that payment be authorized when assurance that a proper bidding process had been followed.

            The motion to withhold payment was not considered because there was no second.

            Planning Secretary Teri Tinker stated that the contractor work on the boardwalk project had been completed by the company owned by her husband.  She explained that a member of the Parks and Recreation Committee had reported that the bid her husband had submitted for the work had been approved.

            Councilor Koehler asked if there was additional contractor work to be done on the project.  Ms. Hickey replied that it was her understanding that the contractor had completed all of the work on the project that had been assigned.  She added that although the lumber for the decking on the boardwalk had been delivered, additional supplies were needed before volunteers could begin their work.  She also added that the funds budgeted for the project was approximately $16,000.

            Councilor Howison moved, seconded by Councilor Petersdorf, to approve the Bills of the Session dated September 14 through October 11, 2007.  The motion was adopted, 5:1, with Councilor Navetta voting no.

   3.      RECEIPTS OF THE SESSION

            Mayor Meyer reported that the Receipts of the Session dated September 14 through October 12, 2007 , totaled $24,687.74.  He highlighted five that totaled more than $1,000.

   4.      SPECIAL ORDER – Resignation of Mayor

            Mayor Meyer read a prepared statement.  He expressed kudos to citizens for their assistance of neighbors affected by the unavailability of potable water.  He hoped that a better, more responsive plan to deal with such a crisis could be developed in case another algae bloom occurred.  He said the City was not yet through the crisis, but that he had faith that the challenge would be met.

            Mayor Meyer stated that he currently felt helpless and ineffective and that there was no reason for him to continue as Mayor.  He said he believed it was important to know what he did not want to do, as well as to know what he wanted to do.  He said, at that time, he did not want to be Mayor.

            Mayor Meyer said that he did not believe the City was moving totally in the wrong direction, but that he no longer felt he had any chance to provide input or guidance on its future.

            Mayor Meyer stated that the results of the recent election resulted in four councilors not being recalled.  It showed, he said, that they were, once again, the choice of Dunes City voters to provide leadership.

            Mayor Meyer said the Agenda of the current meeting had been dictated by the four councilors not recalled, which made it fitting that he relinquish the office of Mayor and allow them to conduct their collective business.  He explained that the councilors wanted to change the way Council meetings were conducted, identified in the New Business section of the Agenda as “Changes to ensure orderly, efficient, and civil meetings.”  He said he interpreted the implication as his “exit line.”

            Mayor Meyer said he was not a “quitter,” but that he was also not a fool.  He said that if he thought he could make a positive contribution to Dunes City , he would finish his term as Mayor, but that he did not.  He said he had given his best effort, but that it did not appear to have been enough.

            Mayor Meyer expressed appreciation for the chance he had had to serve and wished the Council well.  He gathered his possessions and left the meeting.

            Councilor Howison stated that, as Council President, he would assume the role of meeting chairperson.  He said he had not been told of the intention of Mayor Meyer to resign and had been shocked.

            President Howison said Sheldon Meyer had agreed to serve as Mayor during a difficult time and that he knew it would be hard to provide leadership.  He said he had allowed all who wished to participate, respected everyone, and opened the community to dialogue.

            President Howison said the City had come to a cross roads, moved through difficult times and had become stronger, but was still a divided community.  He said he did not appreciate having to act as chairperson and that it would take discipline for him to be a good presiding officer.  He said he would do his best. 

   5.      ANNOUNCEMENTS AND INFORMATIONAL ITEMS

            President Howison read unofficial results of the Recall Election:

                        Total Dunes City Registered Voters:   989

                        Total Ballots Cast:   746 (75.43%)

                        Results:                                                 Yes       No

                              Councilor David Bellemore             359      383

                              Councilor Peter Howison                361      384

                              Councilor Richard Koehler             369      374

                              Councilor Susie Navetta               ``358      384

            President Howison noted that volunteers were needed to serve on the Site Review Committee, as volunteer fire fighters, and to take Community Emergency Response Team training.

   6.      PUBLIC COMMENT

            Boudinot Kilgore, 4810 Dier Way, stated that she was a two-year resident of Dunes City  and that her concern was problem solving.  She explained that her years of experience resolving thorny problems as chief negotiator for a school district led her to recommend that members of the City Council receive training in problem solving techniques.  She said training based on Getting to Yes developed by the Harvard Negotiating Project was available locally.  She described the technique as an opportunity to identify shared interests and involve all stakeholders in decision making without animosity.  She said it attacked issues, not individuals.

            Darlene Beckman, 82150 Booth Island , asked that her letter dated October 11, 2007 , be included in the written record of the meeting.  The letter stated that Siltcoos Lake was unjustly labeled toxic and that signs warning of its dangers needed to be corrected.  The letter is attached to these minutes as Appendix A.

   7.      REPORTS

            A.  City Attorney

                  City Attorney Gary Darnielle reported that he was waiting for feedback from the Road Commission regarding a letter prepared in response to inquires about proposed street improvement on Fish Mill Drive from the Office of U.S. Representative Peter DeFazio, Lane County Fire Marshall, Oregon Department of Environmental Quality, and Siuslaw Valley Fire and Rescue.  He said it had been delayed by the need to collect a large number of documents.  He agreed that he would share copies of the letters with members of the Council via e-mail.

                  Mr. Darnielle stated that President Howison rightly assumed the role of presiding officer when Mayor Meyer had left the meeting. 

                  President Howison stated that he would continue to preside and assume the roll of Acting Mayor until a process was completed that would select a new Mayor.  He said he would not seek the office of Mayor.  He recommended that applications from persons interested in serving as Mayor be received during the next two weeks, that the Council interview applicants as soon as possible thereafter, and that a new Mayor be selected at the November 8 meeting of the Council

                  President Howison moved, seconded by Councilor Bellemore, that his recommendation for a process to choose the new Mayor be followed.

                  Councilors discussed the motion.  There appeared to be agreement that the process should allow applications to be received for three weeks, instead of two, and that a Special Council meeting should be scheduled for November 1 to interview applicants and possibly make a recommendation for appointment of a person to be sworn in at the November 8 meeting.

                  The motion was adopted unanimously, 6:0

            B.  Planning Commission

                  Ms. Tinker referred to Agenda support material entitled “Planning Secretary Workload” and “Permits Report.”  She reviewed highlights of information they contained.

                  Planning Commission President George Burke reported that his work on the transfer of Weir water rights to the City had hit an impasse created by conflicting opinions of the State Water Master and Oregon Fish and Game officials.  He said the authorities would have to resolve their differences before any further action could take place.

                  Mr. Burke reported that Lane County had set September 15 through October 15 as the time when work would take place on a slump on Canary Road .

                  Mr. Burke estimated that less than 1,000 gallons of water had been used of that which had been donated for use by citizens during the algae bloom crisis.  He suggested that the City determine how long the water would remain potable and safe for use.

                  Councilor Scott suggested that the City end its water distribution program.  He said he believed it would be more efficient and cost effective to provide water purchase credits to those who needed assistance.

                  President Howison accepted the suggestion of Councilor Scott as a motion.  Councilor Bellemore said he seconded the motion.  President Howison called for a vote and determined that it was decided unanimously to end the water program at the end of the first month of its operation.

                  President Howison elicited a suggestion that appeared to be accepted that water remaining after the water program ended should be drained into Siltcoos Lake .

                  Mr. Burke stated that since all member positions on the Planning Commission were filled and its staff was in place, he would resign from it and all other committees on which he served in Dunes City .  He said he had unsuccessfully tried to influence actions of the City Council and its treatment of staff for over a year.  He said he could no longer support the actions of the City Council.

                  President Howison said he would not permit personal attacks in a public meeting.

                  Mr. Burke replied that he would no longer allow himself to be humiliated by members of the City Council for his good faith efforts to support Dunes City .

                  President Howison thanked Mr. Burke for his service.

            C.  Special Order – Hiring of City Office Assistant

                  President Howison asked if it was true that the Council over-burdened the City Staff.  He also asked if any progress was being made in hiring a new office assistant.  Ms. Hickey replied that she was so overwhelmed at the present time with the Recall Election, water crisis, and with extra work required by the Land Use Board of Appeal action and Writ of Mandamus filed against the City that she was more than two months behind in her regular duties.  She said several applications to fill the vacant Office Assistant position had been received, but that there had been no time to evaluate them or provide training and oversight if such a person was hired.

                  Councilor Bellemore said he believed getting City office staff functional should be a high priority of the City Council.

                  President Howison moved, seconded by Councilor Navetta, to create a Hiring Committee composed of Councilors Koehler and Navetta to review current job applicants, find, interview, and recommend a person to fill the vacant Office Assistant position.

                  Councilor Scott said he had a problem with the motion because he believed Councilors Koehler and Navetta were a source of problems faced by City staff.

                  President Howison stated that Councilor Scott was out of order presenting a personal attack.

                  Councilor Scott suggested that the City staff be asked to evaluate his comment.

                  President Howison stated again that Councilor Scott was out of order.

                  Councilor Petersdorf said he believed the Road Commission should be involved in the hiring of staff since the position would involve working on its issues.

                  President Howison said consideration was not being given to the hiring of a Road Commission Secretary.

                  Councilor Petersdorf said he was interrupted while making his comment.  He said he and Ms. Hickey had previously agreed that the work of the Road Commission would be an element of the responsibilities of the Office Assistant.

                  Ms. Hickey stated that it was her opinion that the Office Assistant position would be most helpful with 60 percent its time assigned to office reception and clerical duties and 40 percent to Road Commission responsibilities.

                  In response to a question from Councilor Bellemore, Ms. Hickey explained that three applications for the City Office Assistant position had been received in the two months that its availability had been advertised.

                  President Howison stated that if the Council wanted the responsibilities of the Office Assistant position to include work for the Road Commission, a representative from the Commission should participate in the hiring process.  He said the Council needed to act rapidly to hire for the position.

                  Councilor Bellemore said it was his understanding that the Mayor (or Acting Mayor) was responsible for City staff and City Office and therefore was ultimately responsible for hiring staff.

                  Councilor Scott said he believed the Council had agreed to give the responsibility for hiring staff to the City Recorder.

                  President Howison said it was clear to him that the City Recorder was over worked.  He stated that the City Council was going to take charge and do something about the issue of City staff proactively.  He stated that the Council was going to help staff get through its difficult time and that therefore there would be a committee to do the hiring.  He said that if such an arrangement was not approved, he would assume the responsibility and do it himself, or assign someone to do it for him.

                  Councilor Petersdorf said it was his understanding that the City Rules of Procedure provided that the Mayor appointed a committee to recommend persons to be hired, but that the Council had to approve final choices.

                  President Howison said he was “sticking with his motion.”

                  Councilor Scott suggested that if the current staff was not involved in the hiring process, it was likely that the City would have no staff.  President Howison said the point was “well taken.”

                  Councilor Petersdorf moved to amend the motion to require that the Road Commission be involved in recommending staff to be hired, if the position was to have Road Commission responsibilities.

                  President Howison said he agreed with the proposal of Councilor Petersdorf and that it would be part of his motion.

                  The motion to form a Hiring Committee proposed by President Howison and amended by Councilor Petersdorf was adopted, 5:1, with Councilor Scott voting no.

            C.  Road Commission

                  Councilor Petersdorf reported that the Road Commission had held its monthly meeting that had been rescheduled to September 3.  He said the change had been given proper public notice.  He said most of the discussion at the meeting had been generated by Councilor Navetta who had been asked to present her point of view about a recent e-mail message in which she raised concerns regarding the honesty of the City Roads Inspector.  He referred to the minutes of the meeting which had been distributed as Council meeting Agenda support material.

                  Councilor Koehler requested that an electronic version of the minutes of the Road Commission meeting be sent to him to post on the City website.  Councilor Petersdorf stated that he would investigate to see if it would be possible.

            D.  Conservation Committee

                  Councilor Bellemore stated that the Conservation Committee had no report as he had not been available for most of the month because he had been out of the area on family business and had been ill.

                  Councilor Bellemore reported that an application for a vegetation removal permit had been received, but that investigation had revealed that the intended actions were permitted without a permit.

            E.   Site Review Committee

                  Councilor Navetta referred to the September Report of the Site Review Committee distributed as Agenda support material.  She reviewed information it contained about five complaints currently under investigation.

            F.   Parks and Recreation Committee

                  Councilor Scott reported that the Parks and Recreation Committee had not met in September.  He said the main project of the Committee was currently the creek overlook adjacent to the City Hall parking lot.  He estimated that work remaining to be done by volunteers would be completed within two weeks.

            G.  Community Center Committee

                  President Howison stated that the Community Center Committee had no report.

            H.  Water Quality Committee and Communication and Education Committee

                  Councilor Koehler reported that the Water Quality Committee had held meetings in September and October.  He reviewed details of the minutes of the September 6 meeting distributed as Agenda support material and identified topics considered during a subsequent meeting held with representatives of the Oregon Department of Transportation (ODOT).

                  Councilor Koehler stated that a member of the Water Quality Committee had been absent from more meetings than was permitted by its standards.  He asked that the Council replace the member.

                  Councilor Koehler reported that the Communication and Education Committee was working on planning for the Festival of Lights and evaluating the Festival of the Lakes. 

                  Councilor Koehler asked that the Council direct City staff to provide him with electronic versions of documents related to City business as soon as they were available, to enable his posting them on the City website.

                  Councilor Koehler recommended that the City Council receive reports of actions of home owner associations in the area.

                  Councilor Koehler reported that he had learned during a meeting with Lane County Commissioner Bill Fleenor that there were a number of governmental agency stakeholders with established interests in Siltcoos and Woahink lakes.

                  Councilor Koehler moved that the City Council establish a program of inspections of current construction sites, checking for erosion and sedimentation coming from all sources.

                  Councilor Koehler said he hoped that the Road Commission and Planning Commission would assist in the inspections to provide erosion control.

                  President Howison stated that Checking Current Construction Sites for Erosion Control was on the Agenda as Old Business and that he would take up the motion of Councilor Koehler at that time.

                  Councilor Scott asked what had happened to an agreement reached with ODOT the previous year regarding construction of an erosion control barrier along an exposed area adjacent to Highway 101 in the Dunes City area.

                  Councilor Koehler replied that ODOT had been unable to carry out the plan because affected property owners could not agree on the aesthetics of the barrier.  He said the Water Quality Committee was seeking their concurrence in the construction of a “low rise” erosion barrier.

                  Councilor Scott observed that the Siltcoos Lake Association was a private organization and could not be obligated to report on its activities to the City Council as recommended by Councilor Koehler.

                  President Howison said it was his understanding that before the City Web Master could post information from the Siltcoos Lake Association, he needed to know something about the organization.

                  Councilor Koehler said that, as the Web Master, he had an obligation to ensure that reports published by the City were from legitimate sources.

                  An unidentified male member of the audience suggested that discussion of the request of Councilor Koehler regarding the Siltcoos Lake Association would more productive if it was carried out on a personal level between Councilor Koehler and representatives of the organization, rather than as a public confrontation.

                  President Howison said he did not believe it would be inappropriate to provide a link on the City Website to the Siltcoos Lake Association, as it did to other independent organizations.  He suggested that Councilor Koehler was simply asking for information to provide that link.

                  Councilor Koehler said there was a difference between providing a link and posting information.  He said before he could post information he needed to have full background regarding it.

                  In an interaction with Rick Cox, a member of the audience who appeared to have been the member of the Water Quality Committee that Councilor Koehler had requested be replaced, President Howison determined that he had not been informed of meetings, that he had attempted to communicate with Councilor Koehler, and that he wanted to remain as a member. 

                  President Howison stated that the Council would not remove anyone as a member of a committee who wanted to serve, “unless they really are a troublemaker.”

                  Councilor Navetta asked why no minutes had been received from recent meetings of the Planning Commission.  Ms. Tinker replied that she had been unable to complete the minutes because of her other responsibilities.  Mr. Darnielle added that the burdens placed on the Planning Secretary as a result of pending litigation had been immense.

8.      OLD BUSINES

            A.  Siltcoos Lake Update

                  President Howison requested that Mark Chandler provide an update on water conditions in Siltcoos Lake .  He asked him specifically to address the concern raised by Darlene Beckman in her Public Comment that the water in the lake continued to be identified as “toxic” when a test had shown there were no toxins in the water.

                  Mark Chandler, 4934 Lakeshore Drive, said it was important to take into account that although test results had shown there were no toxins in the sample provided, the variety of algae bloom currently being experienced in Siltcoos Lake had been known to produce toxins under certain environmental conditions.  He said the $700 expense to the City for the test had to be considered when the Council decided whether a second test should be done.

                  President Howison stated that the State could lift the health hazard warning, but that it had chosen not to do so.

                  Councilor Bellemore asked why if the State controlled use of the water in Siltcoos Lake , it did not conduct tests to show if it contained toxins.

                  Mr. Chandler stated that even though the test had shown that there were no toxins resent in the bacteria in the water, his own visual assessment of the lake showed that the algae bloom continued to be significant.

                  Councilor Scott asked if the water sampling location site had recently been changed to one where the algae bloom was most concentrated.

                  President Howison said he believed it was best always to do “worst case sampling.”  He suggested that the water used in the first test might have given a false reading.

                  President Howison said he believed there was a need to form a committee to assess if the testing of lake water was being done appropriately and to establish protocols for dealing with any future algae blooms.  He suggested that the committee should develop processes for making recommendations to citizens in the face of State “cautionary” warnings.

                  Councilor Bellemore said he did not believe the City should have to pay for tests of lake water for which the State had responsibility.  He added that it was his understanding that, with the designation of its water as “impaired,” Siltcoos Lake was under the auspices of the U.S. Environmental Protection Agency which had authority to establish standards for the entire water shed.

                  Councilor Navetta said she believed the City should work in concert with Lane County , Douglas County , the Forest Service, and other government agencies bordering Siltcoos Lake .

                  Ms. Hickey reported that she had had conversations with authorities who suggested that it would be important to have additional tests made of Siltcoos Lake water.

                  Ms. Hickey said her primary concern was the “message” she was able to give to concerned citizens who regularly called the City Hall for information.  She said many were expressing opinions that the City was “dragging its feet” and that they were distressed about not being able to use their home water systems.  She said some were becoming angry.  She requested that the Council authorize preparation of an updated statement of the status of the water hazard problem to be released to the media and placed on the City Website and telephone message phone.

                  President Howison said he “felt the pain” of citizens.  He requested that Mr. Chandler join him in preparing an update of the message disseminated to the public.  He said the State could lift its ban on use of Siltcoos Lake water in as little as one week after it was established as being safe.  He also said the City was not required to say anything about the situation since the ban was established by the State and that it could only be lifted by the State.

                  Councilor Scott said he had learned that toxin-bearing bacteria grew mostly in the upper strata of bodies of water.  He suggested that since most users of Siltcoos Lake water drew their supplies from depths of approximately eight feet, there might be value in testing water samples from that depth.

                  President Howison said the State warning was about contact with water, but local residents were most concerned about the consumption of water from lower strata than was infested with Blue-Green Algae, and that the issues were two different questions.  He added that there were no protocols for depth testing as suggested by Councilor Scott.  He suggested that the City might soon have to “bite the bullet” and say that use of Siltcoos Lake water was O.K. when the State lifted its ban.

                  Councilor Scott reported that long-time residents in the area were familiar with algae blooms and considered them a cyclical and regular event.  He said identifying the issue as a special concern would ensure that it remained an on-going problem.

                  President Howison described medical issues that could be caused by chronic exposure to water toxins.

                  President Howison suggested that a committee be formed to study Blue-Green Algae blooms, make recommendations on how the City could improve its response to the issues it raised, and recommend protocols to guide the way the City dealt with the problem.

                  Councilor Scott asked if there was merit in contracting with professional services regarding algae blooms.  He said he believed doing so would relieve individual citizens and the City from potential liabilities.  He suggested that the subject was beyond the capabilities of citizens, staff, and Council.

                  President Howison said the effects of algae blooms were well known and the City had already expended a great deal for educating and analyzing the problem.  He said the services of an expert in the field from Ashland was available at the cost of $2,500 for a consultation.

                  President Howison said the City needed to be careful and smart in dealing with the problem of algae in water used by citizens.  He noted that most residents affected by the problem lived outside of Dunes City .  He suggested it could be important for the City to delegate its responsibilities to others.