PRESENT: Mayor Sheldon Meyer, Councilors Johan Hogervorst, John Scott, Peter Howison, Judy Martin, Della Robinson and Bob Petersdorf; City Attorney, Gary Darnielle; Recording Secretary, Christy Lewis; Siuslaw News, Denise Ruttan; and approximately 60 audience members.

1. Public Hearing

Gary Darnielle explained that the meeting was called to gather water quality evidence to support the proposed moratorium and that any testimony that had any bearing on water quality in Siltcoos and Woahink Lake would be relevant. Darnielle answered a couple of questions from the audience concerning the 45-day DLCD notification.

Meyer began the meeting with Pledge of Allegiance.

John Stead, 83505 South Cove Way, Florence, OR 97439.

Stead read a letter into the record. See below:

Kevin Carroll, 07299 Maple Creek Rd, Westlake OR 97493.

Carroll introduced himself as the Director of the Soil and Water Conservation District. Carroll referenced exhibits as KC1 and KC2, e-mail from Pam Blake (E1 – E4), and Funding Sources from DEQ. Carroll explained how the Soil and Water Conservation District could offer the City assistance for the Woahink Creek Watershed: technical assistance for water quality issues, site visits, site evaluations, site conditions, and development of conservation plans and best management practices. The District could also develop and manage projects, write or assist in the applications of grants, and help solve environmental conflicts. See provided exhibits below:

Mark Chandler asked the Mayor if he could call forward any audience member who had testimony about the algae blooms. Mayor Meyer did so.

Ralph Farnsworth, 83837 Hwy 101, PO Box 2647, Florence OR 97439.

Farnsworth said he could not use his boat.

 

Greg Barnes, 05425 Canary Road, Florence OR 97439

Barnes said he was subjected to two blooms, the first being the worse of the two. At that time, Barnes said he had guests from out of town that chose to find a room in Florence rather than shower in his "stinky" shower caused by the water from the bloom. Barnes did not have specific dates.

 

Jerry Ferree, 83511 S. Cove Way, Florence OR 97439.

Ferree read a statement into the record concerning the algae bloom. On May 28, 2005, there was odor (fishy) in the tap water. Ferree checked out his filter and sterilizer, but it was okay. A neighbor who had a chlorinator did not have the odor problem. A few days passed, the fishy odor became worse…a filter pitcher helped with the odor. Ferree suspected that the chlorinating systems dealt with the odor because of a charcoal filter that is used in the final stage of the system; whereas, the UV systems did not deal with the odor. The odor got better, and then worsened. The odor tapered off the first part of July. On July 9^th or 10^th, the odor disappeared all together. The second bloom occurred on August 8^th, which was not as bad as the first bloom and only lasted a few days.

Debbie Sherman, 83655 Highway 101, Florence OR 97439.

During the algae bloom, Sherman dealt with the odor (which lasted a couple of weeks) by drinking bottled water.

Susie Navetta, 5372 Leavitt Loop, Florence OR 97439.

Navetta read into the record a letter from herself regarding the algae bloom. Navetta read a letter from a Mrs. Honda. Councilor Dr. Howison said the water consumed from the lake was from a failed treatment system. Scott said that potentially Honda was drinking un-treated water from Woahink Lake. Navetta agreed although Honda did not specifically say that in her letter. See below:

Arlan Smith, 5455 Little Woahink Drive, Florence OR 97439.

Smith read three letters into the record regarding erosion from the new road being constructed at Little Woahink Drive.

Letters read by Smith included Carol Retzer, Del Riesenhuber (with photos), Arlan Smith (with photos), and Del Riesenhuber (with photos), and one more statement from Riesenhuber. See below:

Cynthia Chandler, 4934 Lakeshore Drive, Florence OR 97439.

Chandler introduced herself saying that she was a retired nurse, had lived at the above address for 14 years and her husband had been raised at the location from 1953 through 1961. Chandler read the motion concerning the moratorium at the December 8, 2005 City Council Meeting.

Chandler identified a petition that is being circulated around the community. Chandler requested that a copy of the petition be made available at City Hall, since five pages of the petition were stolen from a posted location. The consensus of the Council was to allow the petition at City Hall. Petersdorf suggested also providing the petitions at the Westlake Post Office and Darlings Resort.

Holly Martin, 39100 SE Lusted Road, Boring OR.

Martin provided a declaration of her experience. Martin said she personally contracted Cryptosporidium after visiting and drinking water sourced from Woahink Lake at family and client’s homes. Martin said that at her home in Boring, her drinking water source is Bull Run Watershed, City of Portland. Councilor Scott clarified from H. Martin that the problem is occurring from current development, and not from future development. H. Martin responded that there would be an increased risk from new development. Howison gave some medical background on the treatment of Cryptosporidium. See below for items provided by H. Martin:

Alice Helmuth, 83570 Woodland Lane, Florence OR 97439.

Helmuth read a statement into the record (not provided). In the statement, Helmuth said her family bought their home in the fall of 1965. At that time, her family drank raw water directly from Woahink Lake and nobody got sick. Her subdivision now supports 35 – 40 septic systems draining into the cove where she accesses the lake for her drinking water system. Helmuth is concerned about Sunset Cove being allowed, adding more systems into that same drainage of a currently overdeveloped area. Helmuth’s daughter contracted Cryptosporidium despite her drinking water from a treated system. Helmuth researched Cryptosporidium finding out that it can be deadly to infants and the elderly. A chlorinated system (such as hers, which was replaced in 2000), Ozone systems and UV systems will not kill Cryptosporidium. Helmuth suggested that the City publish in their newsletter the type of water treatment system that would assure healthy drinking water.

Mark Chandler, 4934 Lakeshore Drive, Florence OR 97439.

Chandler entered 15 documents into the record. Chandler read his letter into the record. See below:

Ralph Farnsworth, 83837 Hwy 101, PO Box 2647, Florence OR 97439.

Farnsworth explained his background to the audience. Farnsworth read his letter into the record supporting a tax base. See below:

Jerry Wasserburg, 84606 Eastlake Drive, Florence OR 97439.

Wasserburg provided numerous Exhibits. Wasserburg read a statement into the record. See statement and exhibits below:

 

 

John Maciocek, 84444 Clear Lake Road, Florence OR 97439.

Maciocek read a letter into the record. See below:

William Gates, 06565 Canary Road, Westlake OR 97493.

Gates, who works for the Soil and Water Conservation District, read a letter into the record concerning methods and strategies to protect the lakes and provided numerous exhibits as follows:

Darlene Beckman, 82150 Booth Island, Dunes City, OR 97493

Beckman read an outline into the record. See below:

Gunter Bahr, 83552 Clear Lake Road, Florence OR 97439.

Bahr read a letter into the record. See below:

Norman Martin, 83750 Rio Road, Florence OR 97439.

N. Martin said the City Council received a letter from Jim Grant in which Grant pointed out a discrepancy between a City Council motion as to what a temporary moratorium would cover in the 45-day notice to DLCD and what was actually given to the DLCD (building moratorium vs. land development moratorium). N. Martin said he did not see how that 45-day period could be valid and that the City Council and the City Attorney needs to check that validity. Gary Darnielle was asked his opinion, which he said it was for DLCD to decide if it were adequate notice. Darnielle said that as soon as the City has the first reading of the Ordinance, a copy of that Ordinance and findings of fact supporting the moratorium will be sent onto DLCD.

N. Martin said that the public meetings law might have been breached by four councilors who signed a letter when meeting via e-mail. N. Martin said that those councilors may have to recuse themselves from further decisions involving the moratorium. Councilor Robinson said there was never a meeting; there were never more than two Councilors together at any time. Darnielle said that if there was communication of a single subject amongst Councilors by e-mail or telephone (you don’t have to be together at one time), that would constitute a quorum. Howison said that one person prepared the letter and each Councilor was approached to sign, and four chose to sign the letter. Petersdorf said he was approached by Howison who asked if he would reaffirm his motion from the December City Council Meeting concerning the temporary moratorium and have staff look into getting grant money. Petersdorf said he had no knowledge that there was going to be other people signing the letter. Petersdorf informed Howison at the time that he was signing the letter under protest and would bring the subject up at the next Council meeting. Howison said it was true that he did not tell Petersdorf that other people were going to sign the letter and Howison apologized, since he should have known it would be important information for Petersdorf. Robinson asked Howison to read the letter, which Howison did.

Darnielle said that if the issue had been brought up at a City Council Meeting, it would have been appropriate. However, since it was not, the signers have entered into a gray area of the public meetings law. Norman Martin read the confidentiality clause at the bottom of the e-mail. Howison said the clause is on every single e-mail that he sends out from work, due to the medical confidentiality that may occur in an e-mail generated at the clinic

.

Hogervorst said that he was instructed by the City Attorney to review the audio tapes and DVD of the Sunset Cove public hearing, allowing him to participate at future meetings, but no one had said he could not participate in the moratorium issue. Darnielle confirmed what Hogervorst said, which would allow a new councilor to participate in a quasi-judicial decision; however, the moratorium is a legislative decision, which means there are fewer restrictions. Howison asked Darnielle to research the public meetings law for an answer. Darnielle said there is no answer, unless someone takes the issue to the Ethics Commission. Meyer said he was in Atlanta at the time and took the e-mail as a way to get things moving forward.

N. Martin said he is giving rebuttal to the 13 CCI suggestions that were given to the Planning Commission. N. Martin said there are another 13 suggestions, but asked how can he rebut them? Mayor Meyer said he could present his rebuttal at the next meeting. N. Martin’s response was that the CCI has to do with water quality. Howison said not all of the CCI comments were about water quality issues, and he would not object to N. Martin commenting on those water quality issues. N. Martin said he didn’t think that was right, because Howison did not object to the discussion of the moratorium when water quality was the issue of the meeting. Cynthia Chandler said that the public notice of the meeting did not address this meeting as being about the moratorium, but water quality, and there may have been some confusion on the public’s part.

N. Martin referenced page 2 of 13 of the CCI recommendations on Design and Development Standard. N. Martin read: "The City may require appropriate higher standards than the minimum required by the City…" Martin said the statement is ambiguous, opened to being applied in a bias manner, subjective and not objective, and hence, open to mischief by members of a body that makes decisions on an application. Please see N. Martin’s submission for the record below:

David Davis, 82000 Jensen Lane, Florence OR 97439.

Davis, who began by speaking to the Council, directly addressed the audience in which heckling was occurring. Davis said that he is a developer who is concerned about water quality. Davis said that he and his associates are taking a 22-acre piece of land and developing 18 lots over a five year period…of those 18 lots, 16 lots will have deed restrictions preventing future land division. Davis said they could have divided the area into 43 lots, but they were for responsible development. Davis said their development could be a poster-child for future development; the first driveway was hydro seeded with added hay bales for erosion control. Davis said that if a moratorium is needed, he would advocate getting a new grandfather clause and level the playing field for all current development with future development, having the same requirements for everyone. Davis saw no reason to possibly delay his responsible development for 26 months.

Clay Baumeister, 83939 View Terrace, Florence OR 97439.

Baumeister said the odor and taste of the "algae bloom" reminded him of an incident that occurred in the 1930’s when he was working for the US Engineering Department doing pile driving in the Los Angeles River. Baumeister suggested that the odor, blamed on an algae bloom, had a different cause. Baumeister said that during the "bloom," the bridge on Clear Lake Road going over Gibbs Creek was being replaced. Baumeister, a long time resident, said that the major source of water to Woahink Lake is spring fed and that where the bridge was built is an inlet into Woahink Lake. Baumeister suggested that the odor was caused when disturbance of the springs were caused when the supports of the bridge were placed, causing the odor and taste in the lake. Baumeister said the odor and taste here and now was identical to the odor and taste he experienced as a young man driving piles into the Los Angeles River. Baumeister said that Woahink Lake is lucky, because it is spring fed; nothing sits in the lake that long before it is flushed out. Baumeister also commented on the Septic Maintenance Ordinance by saying that pumping every five years is too often and that every 10 years would be a better idea. Baumeister cautioned the City Council to use common sense.

Greg Hicks, Canary Road, Florence OR 97439.

Hicks, who is one of the applicants for Woahink Ridge, said that as developers, they are cleaning up a property that is an eyesore and has run-off and erosion problems. Hicks said that the former owner clear-cut the parcel, and anything that they do on the property is an improvement. Hicks said that it is not building that is the problem, but that clear-cutting causes much more of a problem. Hicks said there will be economic damages that are realized from a moratorium that is not reasonable if it precludes development. Hicks said that pollution is regulated by the DEQ and there would be legal issues if development is prevented on a piece of land that the development of that land can show environmental improvement.

 

Councilor Martin provided some information for the fact finding.

Mayor Meyer adjourned the meeting at 9:19 p.m.

 

 

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Sheldon Meyer, Mayor Christina Lewis, Recording Secretary

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Council Position Vacant Judy Martin, Councilor

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Robert Petersdorf, Councilor John Scott, Councilor

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Peter Howison, Councilor Della Robinson, Councilor