City Council

1 CITY OF PORT ORFORD REGULAR SESSION OF THE COMMON COUNCIL Thursday, July 18th, 2024, at 5:00 P.M. If you cannot join in person, please feel free to join this meeting from your computer, tablet or smartphone. https://meet.goto.com/633049021 You can also dial in using your phone. United States (Toll Free): 1 (877) 309-2073 United States: 1 (646) 749-3129 Access Code: 633-049-021 AGENDA 1. Call to Order/Roll Call/ Pledge of Allegiance 2. Executive Session Under ORS 192.660 (2)(d): To conduct deliberations with persons designated by the governing body to carry on labor negotiations. 3. Possible Action out of Executive Session 4. Reconvene Public Meeting: The earliest general Council business will start is the normal 5:30 start time. 5. Additions to the Agenda 6. Presentations to the Council - None 7. Consent Calendar (pg. 3-16) a. Minutes June 20th, 2024 (pg. 3-8) b. Minutes: May 16th Revisions (pg. 9-15) c. Application for Appointment: Planning Commission Jerry Boydson (pg. 16) 8. Citizen’s Concerns (On agenda items only – 3 minute time limit) 9. Public Hearing: a. Appeal of CUP 16-02 & 16-03 extension. (pg. 17-18 & Attachments) 10. Departmental Reports (pg. 19-22) a. Administration (pg. 19) b. Finance (Unavailable) c. Public Works d. Police e. Planning (pg. 20) f. Mayor’s Report 1 2 g. Liaison (pg. 21-22) i. Port – Webb ii. School – Rask iii. Fire District - Tidey iv. Watershed – Vileisis v. Parks - Tidey vi. TLT - Pogwizd vii. Mainstreet – Burns viii. Emergency Prep. – Burns 11. Old Business 12. New Business (pg. 23-29) a. Right of Way Permits (pg. 23 & Attachment) b. Res. 2024-09: Port Orford Limited English Proficiency Plan (pg. 24-25 & Attachment) c. Res. 2024-10: Watershed Planning Load Authorization (pg. 26-28) d. Discussion CCD Grant Writing (pg. 29) 13. Continuing Action Items (pg. 30-32) a. Irrigation Meter Policy 14. Considerations a. Citizens b. Councilors 15. Adjourn 2 3 Consent Calendar (a): Minutes 6/20/2024 City of Port Orford Regular City Council Meeting In the Gable Chambers / Virtual participants Thursday, June 20th, 2024 at 5:30 P.M. Mayor and Council Present City Staff Present Pat Cox, Mayor (PC) X City Administrator (CA) Melissa X Radcliffe Brett Webb, Councilor (BW) X Joseph Harrison, City Recorder X Gary Burns, Councilor (GB) X John Isadore, Head of Public Works Virtual Perri Rask, Councilor (PR) Excused Hank Hobart, Chief of Police X Ann Vileisis, Councilor (AV) X Greg Tidey, Councilor (GT) X Tim Pogwizd, Councilor (TP) X The minutes were prepared to the best of our ability using the recording available at: https://www.youtube.com/watch?v=DKnbTzd-dJ4 1. (0:00-0:01) Call to Order/Roll Call/ Pledge of Allegiance a. Mayor PC leads the room in the pledge of allegiance and opens the meeting @ 5:30. All councilors are present except; Councilor PR. 2. (0:01-0:03) Additions to the Agenda a. Resolution 2024-08: Declaring Utilities Fee Increase is added as item 8(e). 3. (0:03-0:38) Presentations to the Council/Citizens a. Speeding In Port Orford: Traffic Logix i. (0:03-0:23) Mark Coupland & Glenn Theriault on behalf of Traffic Logix: Give an overview of how automated speed enforcement devices work and walks the Council through a PowerPoint that details what products/services their company offers. This PowerPoint will be on the website along with these minutes. 3 4 ii. (0:23-0:38) Council Discussion: 1 The cost for a camera is about $25,000, but Traffic Logix has a pricing package that adds $10-13 on each ticket until the camera is paid off. 2 The software updates regularly, the updates are managed by Traffic Logix and there is no cost for updating. There is also no cost for tech. support. 3 Have communities in Oregon been able to have reliable service from solar-powered equipment? Traffic Logix has had working models in Newfoundland which gets less sun on average than Oregon. The only concern when you get further North is snow and ice. 4 Some citizens have concerns about cameras interfering with privacy. The data recorder that’s used in the pilot program is not a camera, it’s only monitoring speed. 5 Councilor AV motions to authorize staff to move forward on the complimentary pilot program to assess our speed problem. 6 Councilor GB seconds the motion. 7 Vote: motion carries unanimously among present councilors 5-0-1 @ 6:07 p.m. Mayor Pat Cox requests Jenn Head continue to take point as a citizen volunteer. Councilor Burns Yes Councilor Pogwizd Yes Councilor Rask Absent Councilor Tidey Yes Councilor Vileisis Yes Councilor Webb Yes 4. (0:38-0:44) Consent Calendar a. Councilor TP moves to approve the Consent calendar as presented with Councilor Comments noted. b. Councilor AV seconds the motion c. Discussion: Appointing spouses to commissions loses diversity of perspectives on commissions. Corrections on the minutes are as follows; Bone should be BOEM, the first line of the watershed liaison report should be removed and replaced with “See written report”, “Brent Brencha” should be “Brent Bishoff”. d. Vote: unanimous yes by present members 5-0-1 @ 5:14 Councilor Burns Yes Councilor Pogwizd Yes Councilor Rask Absent Councilor Tidey Yes Councilor Vileisis Yes Councilor Webb Yes 5. (0:44-0:50) Citizen’s Concerns (On agenda items only) a. Kitty Million: Has been working on getting vehicle and trail counters for Battle Rock Park. There is a grant that Mainstreet is applying for that would cover the cost of the counters. The City just needs to give permission to install them in the park. The Council agrees via consensus to allow the counters to be installed. 4 5 6. (0:50-1:42) Departmental Reports a. (0:50-0:59) Administration: City Hall is no longer accepting payments over the phone. St. Peters Episcopal Church gave a thank you supper for City employees and donated funds for Sweatshirts with “Port Orford Employee” on them. Two new Public Works employees have been hired, Brad Quinn & Ryan Sibley. Crystal Roy is retiring. One bid from our Architect RFQ has been received from Joe Slack and will be presented to the Council at the June 28th, 2024, meeting. b. (0:59-1:10) Finance: Full Report in packet. Fees to the County Road Department are mechanic services for a police cruiser. Police are getting a new car ahead of schedule because the insurance company from a crash this year is covering half the cost. There will be a Supplemental Budget meeting on June 28 th, 2024. c. (1:10-1:25) Public Works: Report given to the councilors. Council inquires if the Beacon boring contractor is being charged for damage done to our infrastructure; Not yet, as nothing has been blatantly wrong. It’s not Beacon, it's two subcontractors. There are a couple of areas that they are not going to be allowed to bore in. Superintendent of Public Works Isadore explains the Leak Forgiveness policy to the Council. 55,000 gallons of leaks in the City seems low; John explains that was just the Arizona leak. The cost to repair the Arizona lift station has increased by $30,000 to bring it up to code. If the pump gets repaired, the water plant should be able to produce enough water in eight hours of operation instead of 12 to 14 hours. d. (1:25) Police: The report was sent to councilors. e. (1:26) Planning: The report is in the packet. f. Mayor’s Report: None g. (1:26-1:42) Liaison i. Port: None ii. School: Excused iii. Fire District: None iv. Watershed: See packet for full report. The dredging permit has been approved. v. Parks: 4th of July Clean Up happening on June 29 th at 9 am; trying to get the parade route and Buffington Park cleaned up. vi. TLT: The committee should meet again in December to review if the projects are done and report to the City Admin. vii. Main Street: See packet for full report. viii. Emergency Prep.: See packet for full report. The person appointed tonight brings the EPC to full commission seating. The EPC is requesting two additional seats on the EPC, which would bring it up to nine seats. This 5 6 would require five to form a quorum. Several Councilors advise that if there is too much work to get done with seven commissioners, members can form subcommittees with citizen volunteers. 7. (1:42-2:13) Old Business a. (1:42-2:11) Ordinance 2024-02: Irrigation meter policy i. Councilor TP moves to approve Ordinance 2024-02 Irrigation meter policy. ii. Councilor AV seconds the motion. iii. Discussion: The check valves are to prevent contamination from irrigation systems; councilors discuss if this is necessary on all irrigation meters. Councilors would like to know if the resources that go into regulating the irrigation meters are worth the credits that are given; they request to see the number of meters, the number that regularly file for credit, and the average amount of credit given. Councilors discuss if it is a sewer credit or a water credit. iv. Councilor TP rescinds his motion & Councilor AV rescinds her second. v. Councilor TP recommends we table this to a workshop. vi. By Consensus the Council agrees to continue this item to the next meeting. b. (2:11-2:13) Meeting Extension i. Councilor AV motions to extend the meeting. ii. Councilor GB seconds the motion. iii. Vote: motion carries 4-1-1 @ 7:43 Councilor Burns Yes Councilor Pogwizd Yes Councilor Rask Absent Councilor Tidey No Councilor Vileisis Yes Councilor Webb Yes 8. (2:13-3:30) New Business a. (2:13-2:21) Resolution 2024-05: Adopt a Budget i. Councilor TP motions to adopt Resolution 2024-05: Adopt a Budget for FY 25 ii. Councilor GB seconds the motion. iii. Discussion: no changes have been made since the last budget committee meeting. Previously the tax and the budget were approved as different resolutions, but it's being done as a singular resolution this year. iv. Vote: motion carries 3-2-1 @ 7:51 p.m. Councilor Burns Yes Councilor Pogwizd Yes Councilor Rask Absent Councilor Tidey No Councilor Vileisis Yes Councilor Webb No 6 7 b. (2:21-2:39) Resolution 2024-06: Adopt Wages i. Counselor BW motions to adopt Resolution 2024-06: Adopt Wages with the revision of Joseph's title from “Assist. to Admin/ Planning” to “Assist. to Admin/ Planning Assist. /Recorder”. ii. No one seconds the motion. iii. Councilor AV motions to adopt Resolution 2024-06: Adopt Wages with the revision of Joseph's title from “Assist. to Admin/ Planning” to “Assist. to Admin/ Planning Assist. /Recorder” with direction to staff to find the best way to resolve this issue. iv. Councilor TP seconds the motion. v. Discussion: Council expresses concern on labeling of position; Joseph is not listed as the recorder and there is a question if he should be a confidential employee or not. vi. Vote: unanimous yes among present councilors @ 8:09 Councilor Burns Yes Councilor Pogwizd Yes Councilor Rask Abesnt Councilor Tidey Yes Councilor Vileisis Yes Councilor Webb Yes c. (2:39-2:46) Jubilee Sign Application i. Councilor GB motions to approve the sign application. ii. Councilor GT seconds the motion. iii. Discussion: This is a permanent sign, identical in dimension to the sign in front of “Happy Tails Pet Supply” but on a different lot. It conforms to the sign code. It came to the Council because of the recent ODOT actions on signs along Highway 101. iv. Vote: unanimous yes among present councilors 5-0-1 @ 8:16 Councilor Burns Yes Councilor Pogwizd Yes Councilor Rask Absent Councilor Tidey Yes Councilor Vileisis Yes Councilor Webb Yes d. (2:50-3:28) Sick Leave Policy i. Councilor GB motions to approve the proposed sick leave policy. ii. Councilor GT seconds the motion. iii. Discussion: It should be Vacation & Comp to Sick leave, but not Sick leave to Sick leave. This is a policy; the Council needs to set a policy that fits the City. The proposed policy restricts donations to an amount that can be reasonably used in the following pay period. The council would like to see the instances of previous donations so that they have firm figures instead of hearsay. The proposed policy is a boilerplate policy from CIS. 7 8 e. (3:28-3:30) Resolution 2024-08: Declaring Utilities Fee Increase i. Councilor GT motions to approve Resolution 2024-08 ii. Councilor GB seconds the motion iii. Discussion: This rate increase balances the budget. iv. Vote: motion carries 3-2-1 @ 9:00 p.m. Councilor Burns Yes Councilor Pogwizd Yes Councilor Rask Absent Councilor Tidey No Councilor Vileisis Yes Councilor Webb No 9. (3:30-3:37) Continuing Action Items a. Resolution 2024-07 STR Ordinance Revisions i. Councilor GB motions to approve Resolution 2024-07 STR Ordinance Revisions ii. Councilor GT seconds the motion iii. Discussion: Instances of “Shall” are changed to “May”. Councilors reiterate that there is a significant reason to verify the number of rooms. iv. Vote: motion carries unanimously among present councilors 5-0-1 @ 9:07 p.m. Councilor Burns Yes Councilor Pogwizd Yes Councilor Rask Absent Councilor Tidey Yes Councilor Vileisis Yes Councilor Webb Yes 10. (3:37) Considerations a. Citizens -none b. Councilors - none 11. (3:38) Future Meetings – Regular Meeting July 18th @ 5:30 pm 12. (3:38) Adjourn a. Seeing no further business, Mayor PC adjourns the meeting @ 9:08 p.m. Attest: _____________________________ _______________________________ Mayor, Pat Cox Date _____________________________ _______________________________ City Recorder, Joseph Harrison Date 8 9 Consent Calendar (b): Minutes 5/16/2024 Revisions City of Port Orford Regular City Council Meeting In the Gable Chambers / Virtual participants Thursday, May 16th, 2024 at 5:30 P.M. Mayor and Council Present City Staff Present Pat Cox, Mayor (PC) X City Administrator (CA) Melissa X Radcliffe Brett Webb, Councilor (BW) X Joseph Harrison, City Recorder X Gary Burns, Councilor (GB) X Police Chief Hank Hobart X Perri Rask, Councilor (PR) X John Isadore, Head of Public Works X Ann Vileisis, Councilor (AV) X Greg Tidey, Councilor (GT) Late Tim Pogwizd, Councilor (TP) X The minutes were prepared to the best of our ability using the recording available at: https://www.youtube.com/watch?v=r9wEA_x236I 1. (0:00-0:01) Call to order/roll call/ pledge of allegiance a. Mayor PC leads the room in the pledge of allegiance and opens the meeting @ 5:32. All councilors are present other than Greg Tidey who is running late and we are joined by city employees Chief Hank Hobart, John Isadore, CA Radcliffe and Joseph. 2. (0:01-0:03) Additions to the Agenda a. Items 3(b) and 3(a) are being reversed. b. There will be an executive session during the meeting. c. Add N2N meeting and discussion on reasonable time place and manner to the ordinance enforcement discussion. d. BOEM conversation under liaison report. 9 10 3. (0:03-0:16) Presentations to the Council/Citizens a. ODOT: Construction Update i. Chris Huner and Don oh behalf of ODOT: work going on right now: Started paving on 5/9/2024 and have made it to Madronna. It will probably be another couple weeks of paving work. A lot of complaints about dust, so ODOT had a truck to reduce the dust amount – which was effective. After paving, ODOT will do painting Should be another month before its done, estimated completion date should be by June 30 th. b. Speeding In Port Orford: Traffic Logix i. Jenn Head: Traffic Logix couldn’t get here. Officer Brennan may have a contact for a data collection device, he’s currently doing follow up work. If that doesn’t happen, Jenn would like to buy a device to increase our chance of getting a grant. 4. (0:16-0:23) Consent Calendar a. Councilor TP moves to approve the Consent calendar as presented b. Councilor AV seconds the motion c. Discussion: BW was gone and his votes after page 7 should reflect that. d. Councilor TP rescinds his motion e. Councilor TP moves to approve the consent calendar with the amendment of Brett Webb votes reflecting when he left. f. Councilor AV seconds the motion. g. Discussion: Question on OLCC license cost. h. Vote: unanimous yes by present members 5-1 @ 5:56 Councilor Burns Yes Councilor Pogwizd Yes Councilor Rask Yes Councilor Tidey Absent Councilor Vileisis Yes Councilor Webb Yes 5. (0:23) Citizen’s Concerns (On agenda items only – 3 minute time limit) - None Counselor GT arrived @ 5:56 6. (0:24-1:12) Departmental Reports a. N2N: Jenn Head: no longer N2N – didn’t meet over winter due to reduced issues. The Exclusionary Ordinance wouldn’t be viable due to size and zoning concerns. A potential place for the camp would be the Northern End of Port Orford Loop. One central location, this is the best fitting property; however the only viable place on that property is where the Vac-Con gets dumped. It would add complications to Public Works. We have reports that the Homeless 10 11 population don’t want to all be in one place, it creates more problems for them. The committee is waiting for the outcome of Johnson VS. Grants Pass at the Supreme Court which should be determined by June 30 th. There is a proposal for Rolling Parcels; changing the site for the camp every day to force people to pack up. Councilors discuss if Churches are helping, the possibility of buying bus tickets, and the difficulties of Adapt staying open. Councilors reiterate that under current state law we cant tell them to move on if we don’t have a spot for them to move onto. The current camp needs a toilet and dumpster. Chief gives an update on enforcement. b. Administration: Thank you to Rogue Gardeners the Rhododendron in front of City Hall is beautiful. The First Budget Meeting is 5/17/2024 at 4:30 we need 4 more people for every position to be filled. The Finance Committee has met several times and trying to get the budget approvable. The City is getting back to the ABC’s and getting things squared up. Key priorities are; functioning organization, communication, staff meetings and weekly reports, project management, and getting things done. The City has several job openings. City Hall hours are now 7:30-5:30 Monday-Thursday. c. Finance: The dates of the Budget meetings have been decided. Has to be done by end of June. Revenue Shortfall from county tax since the amount of unpaid tax has increased from about 10% to about 30%. d. Public Works: 41% loss for last month. Inspecting current Water contact tanks before the new ones coming in. John went over the numbers for the tracer study. The park host is the first user of the line. e. Police: report sent to councilors f. Planning: Joseph reads the report in the packet. g. Mayor’s Report: Done during admin. h. Liaison i. Port – Webb: Sea water system. Request for the Seafood Hub building. Grant writers. ii. School – Rask iii. Fire District - Tidey iv. Watershed: See Submitted report. The dredging permit was held up at the county for a few months due to staffing issues but it should be moving forward shortly. v. Parks: Only a few benches left. vi. TLT – Pogwizd: Will be addressed later ix. Main Street: Included in the report. Blinds were covered by Main Street so it wont cost the City anything. 11 12 x. Emergency Prep.: Included in the written report. Council would be alright with starting to put radios in trucks if we find money. Can put a radio in City Hall as well. 7. (1:12-1:27) Old Business a. Final reading of Ord. 2024-01: Beacon Broadband Franchise Agreement i. Councilor TP moves to approve the FA for 10 years ii. Councilor AV seconds the motion iii. Discussion: councilors review discussion, 5% is the highest we can charge and councilors discuss a 5 or 10 year agreement. They settle on a 10 year agreement because we’re getting 5% and a 5 years renewal period is too short. The blanket Right of Way permit has been removed from the agreement. CEO Brent Bischoff offers to make himself available to deal with citizen complaints. iv. Vote: motion carries unanimously 6-0 Councilor Burns Yes Councilor Pogwizd Yes Councilor Rask Yes Councilor Tidey Yes Councilor Vileisis Yes Councilor Webb Yes b. Janitorial Contract i. Councilor GB moves to approve the contract as proposed ii. Councilor TP seconds iii. Discussion: any facilities dropped? Buffington bathrooms are on the park host. Served as a savings, dropped about $200 a month instead of increasing by $1000. Ms. McLain does a lot, insured and bonded. iv. Vote: Unanimous yes 6-0 Councilor Burns Yes Councilor Pogwizd Yes Councilor Rask Yes Councilor Tidey Yes Councilor Vileisis Yes Councilor Webb Yes c. A-Frame Contract i. Councilor GB moves to approve as written ii. Councilor TP seconds the motion iii. Discussion: Amendments; $120 currently amends to $140. iv. Councilor GB rescinds his motion to add the amendment of increasing price to $140 v. Council TP seconded the motion as amended vi. Vote: Unanimous yes 6-0 @ 7:00 Councilor Burns Yes Councilor Pogwizd Yes Councilor Rask Yes Councilor Tidey Yes Councilor Vileisis Yes Councilor Webb Yes 12 13 8. (1:27-1:45) New Business a. Resolution 2024-04: ADOPT A PORT ORFORD SECTION 3 PLAN i. Councilor TP motions to approve ii. Councilor GT seconds the motion iii. Discussion: boilerplate language for grants iv. Vote: unanimously yes 6-0 Councilor Burns Yes Councilor Pogwizd Yes Councilor Rask Yes Councilor Tidey Yes Councilor Vileisis Yes Councilor Webb Yes b. Recognizing National Public Works Employee Week i. Councilor TP motions to recognize National Public Works Week. ii. Counselor GT seconds the motion. iii. Discussion: none iv. Vote: unanimous yes 6-0 @ 7:03 Councilor Burns Yes Councilor Pogwizd Yes Councilor Rask Yes Councilor Tidey Yes Councilor Vileisis Yes Councilor Webb Yes c. TLT Grant Recommendations i. Councilor AV motions to approve the TLT recommendation ii. Councilor BW seconds the motion iii. Discussion: The reason why some weren’t awarded full or any amount of grant was the line items weren’t for beautification or tourism. Had $11,000 and spent $5,600$5,627.14. Connection newspaper not Corrections newspaper. TLT continues to meet to go over the final reports. Leftover funds will be for the budget committee to decide. The following amounts for each project are recommended: 1. Bulletin Board at Rays: $627.14 2. Port Orford Town Guide + Map: $1,000, taken from advertising fund 3. Connection Newspaper: $1,000 4. Port Orford Second Saturday: $1,000 5. Curry County Aquatic Safety Program: $0 6. Sea Wolf Books Native Plant Garden: $1,000 7. Mr. Ed’s Landscaping & Fence: $2,000 8. Total awarded from general TLT fund: $5,627.14 iv. Vote: unanimous yes 6-0 @ 7:14 Councilor Burns Yes Councilor Pogwizd Yes Councilor Rask Yes Councilor Tidey Yes Councilor Vileisis Yes Councilor Webb Yes 13 14 d. Discussion Irrigation Meters i. By consensus Council wants staff to draft a proposed policy on Irrigation meters. 9. (1:45) Continuing Action Items - due to budget, not going to get looked at until July a. Discussion on Possible Ordinance Enforcement Workshop – July b. Discussion STR Ordinance Implementation - July 10. (1:45-1:59) Considerations a. Citizens -none b. Councilors i. GB: The bulletin board at Ray’s should be up next week ii. AV: Write a thank you note for the Bandon Dunes Charitable Foundation. By consensus, the Council allows Councilor AV to draft the letter. Appreciate CA Radcliffe's leadership. BOEM Task Force – The city needs to appoint someone to it. 11. Future Meetings – Regular Meeting June 20th @ 5:30 pm a. Special Meetings in July 12. (1:59) Executive Session under ORS 192.660 (2)(a): To consider the employment of a public officer, employee, staff member, or individual agent. a. Goes into executive session @ 7:33 13. (2:00-2:01) Possible action out of Executive session a. Councilor BW moves to go back into regular session b. Councilor GB seconds c. Vote: 6-0 Councilor Burns Yes Councilor Pogwizd Yes Councilor Rask Yes Councilor Tidey Yes Councilor Vileisis Yes Councilor Webb Yes d. Councilor BW moves to approve the contract pending the review by CA e. Councilor GT seconds the motion f. Vote: 6-0 Councilor Burns Yes Councilor Pogwizd Yes Councilor Rask Yes Councilor Tidey Yes Councilor Vileisis Yes Councilor Webb Yes 14 15 14. Adjourn a. Seeing no further business, Mayor PC adjourns the meeting @ 7:56 _____________________________ _______________________________ Mayor, Pat Cox Date Attest: _____________________________ _______________________________ City Recorder, Joseph Harrison Date 15 16 Consent Calendar (c): Application for Appointment: Planning Commission Jerry Boydson 16 17 Public Hearing: Appeal of CUP 16-02 & 16- 03 Extension Documentation on this topic will be available online at: https://portorford.org/public-notices/ Background: Elk River Property Development LLC originally filed applications for Conditional Use Permits 16-02 & 16-03 in 2016, which were approved in April of 2017. They are allowed to apply for an extension if substantial construction has not be achieved within the one-year permitted window, which they have done each year since the original approval. Extension requests go before the Planning Commission and on June 10 th, 2024, the Planning Commission voted to not permit the extension. Their reasoning is explained in a report from Senior Planner Crystal Shoji which has been included with the packet and is available online. Elk River Property Development LLC has submitted an appeal to the City Council via Bill Kloos on June 24th, 2024. The City Council now must decide if they wish to affirm or overturn the decision made by the Planning Commission. Documents given to the Council to help in their determination are (in order of presentation): - 2024 Request for extension - Minutes from June 10th, 2024 Planning Commission Meeting including written Testimony from extension hearing - Final Order from Crystal Shoji (included in packet) - Appeal Request Letter - Staff findings from Ms. Lori Cooper Esq. Potential Motions are included with the Staff Findings from Ms. Lori Cooper Esq. which will be available at the meeting. 17  18 TO: Applicant Troy Russell FROM: Crystal Shoji, AICP Port Orford City Planner DATE: June 18, 2024 SUBJECT: Planning Commission Decision Request for Extension of Conditional Use Permits - CUP(s) 16-02 and 16-03 approved April 2017 The City of Port Orford has received a request for a one-year extension for land use approvals CUP #’s 16-02 and 16-03 approved in April of 2017 to be continued. One-year extensions have been granted by the City of Port Orford in the past. The Planning Commission considered the matter at their regular meeting held on June 10, 2024. Port Orford Municipal Code, Chapter 17.32, Conditional Uses, Section 17.32.060 Time On a Permit for Conditional Use states the following: Authorization of a conditional use shall be void after one year or year {sic} or such lesser time as the authorization may specify unless substantial construction has taken place. However, the planning commission may extend the authorization for an additional period not to exceed one year, upon written application to the planning commission. A motion to extend the Conditional Use Permits 16-02 and 16-03 for one year was made. No Planning Commission members voted to approve the motion. The Planning Commission thus determined unanimously that no extension should be granted. Planning Commission members expressed concern about the lack of substantive documentation that would show progress on completing the conditions necessary for the application to reach substantial construction. Port Orford Municipal Code, Chapter 17.04 provides the following language: Section 17.04.200 Right of Review. (A) A decision regarding a Planning Commission action may be appealed to the City Council by an appellant with standing to appeal by filing a notice of appeal with the City Council within 15 days of the date the notice was mailed. (B) The Council may review a Planning Commission decision on its own motion in accordance with all of the procedural provisions for appeals in this article. Appeal requirements are included in Chapter 17.04, Sections 17.04.210 – 17.04.260. P.O Box 462, Coos Bay, OR, 97420 Phone: (541) 267-2491 Email: crystal@shojiplanning.com 18 19 Department Reports: Administration Elections The City of Port Orford is announcing that one Mayor position and three City Council positions will become vacant on December 31st, 2024. All City Councilor positions are for a four-year term. These positions will go to the voters for election on the November 5 th, 2024 ballot. Persons interested in filing for any of these positions may pick up information at Port Orford City Hall. The earliest date to file and start collecting signatures, according to the City Charter, is Tuesday, July 30th, 2024. Candidates will need 25 signatures per the City Charter. This was verified through the Curry County Clerk. The deadline for filing is Tuesday, August 27 th, 2024, 3:30 p.m. at 555 W. 20th Street, Port Orford, OR. To qualify for the City Council position, the applicant must be a qualified elector within the meaning of the state Constitution and must have been a resident of the City of Port Orford during the six months immediately preceding the election. Future Plans/ Continuing Business Personnel Anne Heath- We met with her about overseeing our Finances. She retired as the Finance Director, as well as the City Administrator, for the City of Coburg. We are contracting with her through LCOG for our first few meetings, but she feels she can manage the end-of-month reconciliation, council reports, and auditing duties for us moving forward. She explained that Dean Lang is performing the duties of an Accountant and should be recognized as such. I would like to rectify this situation and be allowed to negotiate a solution with Ms. Heath and/or LCOG to perform the above duties (approximately 40 hours per month.) These requests fit within our budget and will meet the goal of having more oversight and transparency regarding our financials. I spoke with Joe Slack of HGE Architects, Inc. This firm is in Coos Bay and will work on the Community Center Complex for the Community Development Block Grant. They did the first phase drawings and will continue with the rest of the project. He is preparing his standard contract and we will run it by our Attorney. He will be paid with funding secured through Federal CDBG grants and work with CCD. Emails Multiple City email addresses are non-functional at this time. This situation must be changed. Janet with Comp-U-Talk is going to move us to Microsoft 365. She assured me our old emails will transfer and we will keep Host Papa active for a few months. I am also starting the .gov transition. Our new domain name will likely be @portorfordor.gov, but I will confirm this when the transition is official. 19 20 Department Reports: Finance Report not available this month; end-of-year reconciliations are still in process. Department Reports: Public Works Will be given verbally or handed out at the meeting. Department Reports: Planning The DLCD grant for housing code revisions and updates is still in progress. There will need to be a joint workshop between the City Council and the Planning Commission before the end of the year. The Date/Time of the Planning Commission meeting was changed to the second Tuesday of each month @ 5:30 pm; the time was moved to increase public participation. The Planning Commission is currently reviewing the CUP extension limit and procedure to make it more consistent with other municipalities and the County. Pamala Berndt's term as a Planning Commissioner has ended; due to residence location restrictions on membership, she is no longer able to serve as a commissioner. The Planning Commission gives thanks to Pamala Berndt for her dedication and knowledgeable input. There is currently one vacancy on the Commission; it was previously reported as two, but that was incorrect. If Mr. Jerry Boydson is appointed, the Planning Commission will be full. 20 21 Liaison Reports Port: None Submitted School: Nothing to Report Fire District: None Submitted Watershed: July 2024, Watershed Liaison Report Submitted by Councilor Ann Vileisis We continue to await the final loan agreement for our State Revolving Fund 100% forgivable planning loan for up to $100,000 to complete planning to remove the failing culvert complex upstream of our drinking water reservoir. On this agenda, you’ll see a resolution giving Administrator Radcliffe authority to move forward with the agreement when it comes through, likely in 2 weeks. Our project partner Curry Soil and Water Conservation District —will work in collaboration with Civil West to do the planning for this culvert removal. After planning is complete, we’ll be in good shape to apply for implementation funding. On the dredging front, I’ve been trying to locate possible funding sources to plan and move forward with the dredging —working with Administrator Radcliffe and partners at Civil West, Biz OR, and CCD. On the water infrastructure front, we received positive news that we received a $465,292 CDBG grant to conduct planning for a new raw water storage tank that will provide a back-up water supply for us. After the engineering is done, we’ll be qualified to apply for funding to implement construction. This is great news! We also learned that our city’s BRIC (Building Resilient Infrastructure and Communities) grant was picked for further consideration in FEMA’s competitive national process. Of 1,200 applications, 600 made the cut —with only three from Oregon. To remind you, this $6.6 million grant will enable the city to replace our water meters and our most break- prone water distribution lines with the aim of reducing our high rates of water loss. Now we’ll need to be ready to provide additional information and then wait —we’ll not find out for at least another year if we actually get the funding. The application was prepared by Civil West, and Oregon’s Department of Emergency Management has been tremendously helpful in providing us technical assistance. They will continue to help us moving forward! 21 22 Parks: None Submitted TLT: None Submitted Main Street: Main Street has finished the bike racks throughout town. They have been staffing the Visitor Center. 20 to 50 folks stop by for information about our Community and the area every day. EPC: The EPC did not meet last month due to everyone being busy. We'll be discussing our Community Preparedness Campaign. It has begun on Facebook with a post about Wildfires and how isolated our Community is. Our Community is on its own for many of the possible emergencies we could face. We're encouraging as many residents as possible to get themselves prepared to last on their own in their homes for at least 2 weeks. And we will be working on promoting putting "Go Bags" together and the items to consider. 22 23 9(a) Right-of-Way Permits Background: The City Council has requested that right-of-way permits come to them for final approval. Mayor Pat Cox has performed a cursory review of the applications The City has received since the previous City Council Meeting. At this July 18 th, 2024 meeting of the City Council, there is only to be reviewed. Due to timing with vacations, Public Works has not had the opportunity to review the application. Recommended Motions: - I, [Councilor name], motion to approve the right of way permit for [applicant name, project, and location] with conditions set by Public Works, Police, and Administration pending their review. - I, [Councilor name], motion to approve the right of way permit for [applicant name, project, and location] with the following conditions [conditions] as well as conditions set by Public Works, Police, and Administration pending their review. - I, [Councilor name], motion to not approve the right of way permit for [applicant name, project, and location] at this time. 23 24 9(b) Resolution 2024-09: Port Orford Limited English Proficiency Plan Memo Background: The City has recently received two Community Development Block Grants. As a condition of receiving these federal funds, the city must show compliance with a number of federal policies before funds can be accessed. Over the past several months, the Council has reviewed and adopted a number of policies related to this compliance. • Fair Housing Policy • Excessive Force Policy • Non-discrimination on the basis of Handicapped Status Policy • Grievance Procedure for complaints based on disability Policy • Section 3 Plan This Limited English Proficiency Plan to ensure non-discrimination to citizens who have limited English proficiency is the last resolution of this sort that we need to adopt. The plan itself is included as a separate document. Recommended Motion: - I, [Councilor name], motion to approve Resolution 24-09: to adopt the Limited English Proficiency Plan as written and direct staff to implement it. - I, [Councilor name], motion to approve Resolution 24-09: to adopt the Limited English Proficiency Plan with the following amendments/revisions……. and direct staff to implement it. - I, [Councilor name], motion to not approve Resolution 24-09: to adopt the Limited English Proficiency Plan. 24 25 9(b) Resolution 2024-09: Port Orford Limited English Proficiency Plan A Resolution Adopting a Port Orford Limited English Proficiency Plan Whereas the City of Port Orford has received federal funding through the Department of Housing and Urban Development (HUD) Community Block Development Program which requires compliance with relevant federal laws, Whereas Title VI of the Civil Rights Act of 1964 protects individuals from discrimination on the basis of race, color, or national origin in programs that receive federal financial assistance, and in certain situations, failure to ensure that persons who are Limited English Proficient (LEP) can effectively benefit from federally assisted program’s may violate Title VI’s prohibition against national origin discrimination, Whereas Executive Order 13166 directs all federal agencies, including HUD, to ensure that programs receiving federal financial assistance provide meaningful access to LEP persons, Whereas the City of Port Orford seeks to communicate and provide service in a courteous and effective manner to all our citizens, without discrimination on the basis of race, color, religion, age, sex, national origin, disability status, familial status, or any other characteristic protected by federal, state or local laws, Whereas the Limited English Proficiency Plan provides a manner to ensure compliance with relevant federal laws and to provide service to LEP persons without discrimination, Therefore, be it resolved that the City Council of Port Orford adopts the Limited English Proficiency Plan and directs staff to ensure compliance with the plan and with related federal laws. Adopted on this day ______________, of ______________, 2024 Signed _____________________________ _______________________________ Mayor, Pat Cox Date Attest: ___________________________ _______________________________ City Recorder, Joseph Harrison Date 25 26 9(c) Resolution 2024-10: Watershed Planning Loan Authorization Memo A RESOLUTION OF THE CITY OF PORT ORFORD AUTHORIZING A LOAN FROM THE CLEAN WATER STATE REVOLVING LOAN FUND BY ENTERING INTO A FINANCING CONTRACT WITH THE STATE OF OREGON DEPARTMENT OF ENVIRONMENTAL QUALITY Background: To move forward with our $100,000, DEQ forgivable loan for “Sediment Risk Reduction Planning,” which includes planning to remove the failing culvert complex upstream of our drinking water reservoir and also inventorying other potentially damaging sediment sources, we need to pass a resolution giving our administrator authority to follow through on actions needed to finalize the loan agreement in a timely manner. This is a required “exhibit” that we need to provide to be eligible for funding. Once we get the loan agreement (expected in about 2 weeks), we will need to have our attorney review it and provide a letter similar to what was provided when we purchased the Wilson property with a DEQ half-forgivable loan. That will be the final exhibit required so we can be eligible for funding. Timeliness is important. The final amount of principal forgiveness is not determined until the time of loan signing. At this point, we are expected to receive full, 100% principal forgiveness because there is sufficient funding, but if many other projects get in ahead of us, funds could become diminished. We have already provided all but two required exhibits so we will be at the very head of the line. There is language in this resolution contingent on the city obtaining 100% principal forgiveness. If we end up getting some lesser amount (80-90%), it will still be a very good deal, but the issue would come back to Council. The Curry Soil and Water Conservation District (CSWCD) will coordinate this project, collaborating with Civil West for technical and engineering elements. Recommended motion: - I, [Councilor name], motion to approve Resolution 24-10: authorizing City Administrator Melissa Radcliffe to follow through on actions to secure our state clean water revolving loan. - I, [Councilor name], motion to approve Resolution 24-10: authorizing City Administrator Melissa Radcliffe to follow through on actions to secure our state clean water revolving loan with the following restrictions……. - I, [Councilor name], motion to not approve Resolution 24-10: authorizing City Administrator Melissa Radcliffe to follow through on actions to secure our state clean water revolving loan. 26 27 9(c) Resolution 2024-10: Watershed Planning Loan Authorization Memo A RESOLUTION OF THE CITY OF PORT ORFORD AUTHORIZING A LOAN FROM THE CLEAN WATER STATE REVOLVING LOAN FUND BY ENTERING INTO A FINANCING CONTRACT WITH THE STATE OF OREGON DEPARTMENT OF ENVIRONMENTAL QUALITY WHEREAS, the Mayor and City Council (the "Governing Body") of the City of Port Orford, Oregon (the "Recipient") finds: A. The Recipient is a public agency as defined by as defined in Oregon Administrative Rule 468.423(2). B. The Recipient has filed an application with the ODEQ obtain financial assistance to conduct planning for “Sediment Risk Reduction" within the City’s drinking water source area, and the ODEQ has approved the Recipient's application for financial assistance for this project No. 74100-24 in its current Intended Use Plan. C. The Recipient will be required, as a prerequisite to the receipt of financial assistance from the ODEQ, to enter into a Financing Contract with the ODEQ. NOW THEREFORE, BE IT RESOLVED by the Governing Body of the Recipient as follows: 1. Financing Loan Authorized. The Governing Body authorizes the City Administrator/Recorder to execute the Financing Contract and such other documents as may be required to obtain financial assistance including a loan from the ODEQ on the condition that the principal amount of the loan from the ODEQ to the Recipient is not more than $100,000, with $100,000 eligible for principal forgiveness and the interest rate not to exceed 0.89 percent if contract conditions are met. The proceeds of the loan from the ODEQ must be applied solely to the "Costs of the Project" as such term is defined in the Financing Contract. 2. Sources of Repayment. Amounts payable by the Recipient will derive from Net Operating Revenues. 3. Additional Documents. The City Administrator/Recorder is hereby authorized to enter into any agreements and to execute any documents or certificates which may be required to obtain financial assistance from the ODEQ for the Project pursuant to the Financing Documents. 4. Tax-Exempt Status. The Recipient covenants not to take any action or omit to take any action if the taking or omission would cause interest paid by the Recipient pursuant to the Financing Documents not to qualify for the exclusion from gross income provided by Section 103(a) of the Internal Revenue Code of 1986, as amended. The City Administrator/Recorder of the Recipient may enter into covenants on behalf of the Recipient to protect the tax-exempt status of the interest paid by the Recipient pursuant to the Financing Documents and may execute any Tax 27 28 Certificate, Internal Revenue Service forms or other documents as may be required by the ODEQ or their bond counsel to protect the tax-exempt status of such interest. Adopted on this day ______________, of ______________, 2024 Signed _____________________________ _______________________________ Mayor, Pat Cox Date Attest: _____________________________ _______________________________ City Recorder, Joseph Harrison Date 28 29 9(d) Discussion on CCD Grant Writing Background: During the FY 24, approx. $40,000 was budgeted for Grant Writing Services but never utilized, and the Council has expressed a desire to retain Grant Writing Services to find and apply for grants that could facilitate improvements to the City Infrastructure. Oregon Commerce and Compliance Division (CCD) offers such a service and grant management services to smaller municipalities such as Port Orford. This was previously brought to the Council in July of 2022 but never followed up on. The information from that time has been included as supplemental material. Recommended Motions (can be done via consensus): - I, [Councilor name], motion to direct staff to look more into Grant Writing Opportunities. - I, [Councilor name], motion to direct staff to not look more into Grant Writing Opportunities. 29 30 10(a) Ordinance 2024-02: Garden Meter Policy MEMO Background: The City has been offering Irrigation Meters without having a policy backed by the Municipal Code. This has caused confusion among staff and citizens stemming from a lack of clarity on the process and requirements to receive credit. The City Council Previously directed staff to draft a policy to be adopted. At the June 20th, 2024 City Council meeting; the City Council requested the total number of meters, the number that regularly report, and the average credit amount. This information has now being provided below. Total number of meters: 204 Number that regularly report: 43 Average credit given (for 23-24): $51.82 Multi-year Credit average (sample size six): $228.40 Overall average: $76.46 Currently credited as sewer credits. Rationale: This has been a popular program but has never been properly defined in Port Orford City Policy. The metering of water for garden use is intended to accurately reflect the amount of water entering the sewer system. The parameters are set to allow citizens to water their gardens without being charged for sewer use on that water. The difference between the standard water meter and the garden meter will be credited to the customer’s sewer bill. Recommended Motions: - I, Councilor [name], motion to approve Ordinance 2024-01 as written. - I, Councilor [name], motion to approve Ordinance 2024-01 with the following amendments…. - I, Councilor [name], motion to deny Ordinance 2024-01 30 31 10(a) Ordinance 2024-02: Garden Meter Policy AN ORDINANCE TO AMEND CHAPTER 13 OF THE PORT ORFORD MUNICIPAL CODE TO INCLUDE: USE OF GARDEN METERS WITHIN THE CITY OF PORT ORFORD WHEREAS, The City of Port Orford has been offering Garden Meter credits without policy based on the Municipal Code, and WHEREAS, There has been confusion about the process and responsibilities of receiving credit; and WHEREAS, It has been determined that a policy based on the Municipal code would resolve the issue. NOW, THEREFORE, BE IT RESOLVED THAT the City Council authorizes the City of Port Orford to adopt the following as Chapter 13.16.120 Use of Garden Water Meters Within the City of Port Orford. 13.16.120 Use of irrigation water meters within the City of Port Orford A. Residential water users may use a city-provided meter to track water used for garden irrigation during the period from May to October B. Users must turn in their self-reported meter reading by November 30th of the current year to request credit for unused sewer service. Reimbursement from previous calendar years will not be eligible to receive credit. C. Users must make their meter available for city inspection. D. § 13.16.040 Backflow prevention assembly requirements. A. Any mobile unit or apparatus which uses City of Port Orford water or water from any premises within the district's system shall first notify the City of Port Orford Common Council and comply with all cross connection control policies. (Ord. 97-11 § 1.04, 1997) 31 32 Attest – first reading: _____________________________ _______________________________ Mayor, Pat Cox Date _____________________________ _______________________________ City Recorder Pro Tem, Joseph Harrison Date Attest – second reading: APPROVED AND ADOPTED this day of _________. _____________________________ _______________________________ Mayor, Pat Cox Date _____________________________ _______________________________ City Recorder Pro Tem, Joseph Harrison Date 32