City Council

1 CITY OF PORT ORFORD REGULAR SESSION OF THE COMMON COUNCIL Thursday, November 21st, 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/743467461 You can also dial in using your phone. United States (Toll Free): 1 (877) 309-2073 United States: 1 (646) 749-3129 Access Code: 743-467-461 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. And ORS 192.660 (2)(i): To review and evaluate the employment-related performance of the chief executive officer of any public body, a public officer, employee or staff member who does not request an open hearing. 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 a. FY 23 Audit Presentation b. Sierra Izumida – Living Willow Fence 7. Consent Calendar (pg. 2-24) a. Minutes September 12th, 2024 b. Minutes October 17th, 2024 c. Application for Appointment: Cory Aschauer – Planning Commission 8. Citizen’s Concerns (On agenda items only – 3 minute time limit) 1 The City of Port Orford is an Equal Opportunity Employer 2 9. Public Hearing: None 10. Departmental Reports (pg. 15-21) a. Administration b. Finance c. Public Works d. Police e. Planning f. Mayor’s Report g. Liaison (pg. 19-21) 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 (pg. 22-25) a. Port Orford Waste Water Recycling i. Civil West Scope of Work ii. Elk River Property Development (ERPD) MOU 12. New Business (pg. 26-31) a. RES. 24-13: Oregon Watershed Enhancement Board (OWEB) b. RES. 24-14: PICM for FEMA c. Schedule December 4th Work Session with Anne Heath: Financial Check-up d. Discussion Regular December Meeting date 13. Continuing Action Items (pg. 32-34) a. RES. 24-12: Water Leak Policy (pg. ) 14. Considerations a. Citizens b. Councilors 15. Next Meeting: Schedule/Confirm 16. Adjourn 2 The City of Port Orford is an Equal Opportunity Employer 3 6(a) & 6(b) Presentations to Council 6(a) – Benjamin Cohn & Aria Bettinger presenting the KDP findings from the Port Orford FY 23 Audit. 6(b) – Seirra Izumida on behalf of the Parks Commission: Requesting approval to install a Living Willow Fence in Buffington Park 3 The City of Port Orford is an Equal Opportunity Employer 4 7(a) Consent Calendar September 12th, 2024 Minutes City of Port Orford Regular City Council Meeting In the Gable Chambers / Virtual participants Thursday, September 18th, 2024 at 5:00 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 Perri Rask, Councilor (PR) Late Ann Vileisis, Councilor (AV) X Greg Tidey, Councilor (GT) Vitrual 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=pV8qixF0DgA 1. (0:00-0:01) Call to Order/Roll Call a. Mayor Pat Cox calls this regular session of the Port Orford City Council to Order @ 4:41 pm and leads the chamber in the pledge of allegiance. 2. Executive Session: a. Councilor BW moves to enter executive session under ORS 192.660 (2)(d): To conduct deliberations with persons designated by the governing body to carry on labor negotiations. b. Councilor GB seconds the motion c. Vote: motion carries 5-0-1 @ 4:41 d. Councilor Rask arrives during the executive session at 4:53 3. By consensus, the Council agrees to come out of executive session at 5:28 4. (0:01-0:13) By consensus the Council agrees to resume the public meeting @ 5:28 and take a brief recess so that the public can enter. Recess ends @ 5:42 This is followed by a statement 4 The City of Port Orford is an Equal Opportunity Employer 5 from Diana Moffat on labor relations; the Council requested that CA Radcliffe and Diana Moffat get more information to the Council on this topic as they are not ready to sign the agreement. 5. (013:-0:15) Action out of executive session a. Dianna Moffat proposes that the Council determines whether to ratify the Teamsters Local 206 bargaining agreement as proposed by teamsters. b. Vote: 0-6 unanimously not ratified @ 5:45 6. (0:16-0:17) Additions to the Agenda: a. Oath of Office & Emergency Port letter added by the Mayor under the consent calendar. 7. (0:17) Presentations to the Council/Citizens: None 8. (0:17-0:21) Consent Calendar a. Councilor GB moves to accept the consent calendar with additions. b. Councilor TP seconds the motion. c. Discussion: minute correction; add “Water Recycling” to “Project Proposal”. Remove and replace “Her” in the same section. Start using full names in parentheses when using acronyms the first time. d. Vote: with no further discussion the motion carries 6-0 @ 5:53. Councilor Burns Yes Councilor Pogwizd Yes Councilor Rask Yes Councilor Tidey Yes Councilor Vileisis Yes Councilor Webb Yes 9. (0:21) Citizens’ Concerns: a. None 10. (0:22-1:37) Departmental Reports a. (0:22-0:29) Administration: Oath of office. Mayor PC leads CA Radcliffe & Joseph Harrison in their oath of office. CA Radcliffe has already submitted her report and there were no questions on the written report. Contractor water rates are the same as the City rates. The Council is asking why they are allowed to use the City water, CA can't refuse them, only the Council has the power to do it. Mayor Cox steps aside (6:09) and returns (6:11). By consensus the council directs staff to establish a new contractor bulk water rate. b. (0:30-1:10) Public Works: A written report was provided in the packet and SI Isadore gives a verbal update. With recent improvements to the water infrastructure, the City can store about 1/3 more potable water. The increase is not enough to keep out of curtailment until we stop our leakage issues and finish dredging the reservoir. This, in theory, will also reduce overtime. Councilors give thanks to John for the concise written report. 5 The City of Port Orford is an Equal Opportunity Employer 6 c. Finance: Report in packet and online. Audit ongoing. Councilors request descriptions of what the checks are going forward. d. Police: Submitted to council prior to the meeting. Chief Hobart answers the Councils questions about dispatch & mutual aid with other agencies. e. Planning: Gives thanks to Jenn Head for her diligent work on the planning commission. f. (1:10-1:11) Mayor: Thanks to everyone who worked on the Fort Point Trail step project. g. (1:11-1:37) Liaison: i. Port: BW gives a verbal report of the major projects that the port is working on. ii. School: Nothing to report iii. Fire district: Nothing to report iv. Watershed: Report passed out and it will be online. Gives consensus to continue working with Margo Truni on data collection. Council discusses city owned wells. v. Parks: The Community-Building event went well. There are more fundraising events upcoming. vi. TLT: Nothing vii. Main: The report is in the packet. viii. EPC: The report is in the packet. The Council gives thanks to the EPC for community outreach at the recent Heroes Run event. The EPC is looking into a Starlink phone for City Hall; the Councilors discuss the idea. 11. Old Business: None 12. (1:37-) New Business: a. Right of Way Permits: i. Bassett: ii. Councilor AV moves to approve the Basset ROW permit with staff conditions as written iii. Councilor PR seconds the motion iv. Discussion: The Council reiterates that everything on city property needs to be ADA-compliant and tested v. Vote: 6-0 @ 7:21 Councilor Burns Yes Councilor Pogwizd Yes Councilor Rask Yes Councilor Tidey Yes Councilor Vileisis Yes Councilor Webb Yes 6 The City of Port Orford is an Equal Opportunity Employer 7 vi. Armi: vii. Councilor AV moves to approve the Armi Row contingent on approval from all departments viii. Councilor BW seconds the motion ix. Vote: 6-0 @ 7:30 Councilor Burns Yes Councilor Pogwizd Yes Councilor Rask Yes Councilor Tidey Yes Councilor Vileisis Yes Councilor Webb Yes b. (2:00-2:14) Water Leak Discussion i. Councilor AV motions to direct staff to evaluate new rates and to treat usage under the base rate as 2000 gallons usage. ii. Councilor TP seconds the motion iii. Discussion: Joseph goes through some math and explains the issues with the existing ordinance. iv. Vote: 6-0 @ Councilor Burns Yes Councilor Pogwizd Yes Councilor Rask Yes Councilor Tidey Yes Councilor Vileisis Yes Councilor Webb Yes c. (2:15-2:23) Civil West Scope of Work: Culvert Removal i. Councilor TP moves to approve the scope of work as presented ii. Councilor PR seconds the motion. iii. Vote: 6-0 @ 7:55 Councilor Burns Yes Councilor Pogwizd Yes Councilor Rask Yes Councilor Tidey Yes Councilor Vileisis Yes Councilor Webb Yes d. (2:23-2:30) MOU with Community Complex Friends service (CCF) i. Councilor GB motions to approve the agreement with (CCFR as presented ii. Councilor BW seconds the motion iii. Discussion: CA Radcliffe explains the proposal for the Council. iv. VOTE: 6-0 @ 8:01 Councilor Burns Yes Councilor Pogwizd Yes Councilor Rask Yes Councilor Tidey Yes Councilor Vileisis Yes Councilor Webb Yes e. (2:30-2:31) Assigning Authority to Carry Out Tasks Relating to Community Building to City Administrator Radcliffe i. Councilor BW motions to give signing authority to CA Radclife ii. Councilor GB seconds the motion iii. Vote: 6-0 @ 8:02 Councilor Burns Yes Councilor Pogwizd Yes Councilor Rask Yes 7 The City of Port Orford is an Equal Opportunity Employer 8 Councilor Tidey Yes Councilor Vileisis Yes Councilor Webb Yes 13. (2:31-) Continuing Action Items a. (2:31-2:41) ORD 2024-02: Irrigation Meter Policy- Second Reading i. Councilor GB motions to approve ORD 2024-02 as read ii. Councilor AV seconds the motion iii. Discussion: Councilors have some minor revisions: “Use” to “Purchase” in 1 & “To qualify for reimbursement” at the start. iv. Vote: 6-0 @ 8:13 Councilor Burns Yes Councilor Pogwizd Yes Councilor Rask Yes Councilor Tidey Yes Councilor Vileisis Yes Councilor Webb Yes b. Extend meeting i. Councilor GB motions to extend the meeting ii. Councilor PR seconds the motion iii. Discussion: only two items are left, it should be quick. iv. Vote: 5-1, @ 8:15 Councilor Burns Yes Councilor Pogwizd Yes Councilor Rask Yes Councilor Tidey Yes Councilor Vileisis Yes Councilor Webb No c. (2:43-2:59) ERPD CUP Extension Findings: i. Councilor TP moves to approve the findings on the ERPD CUP extension as presented ii. Councilor GB seconds the motion iii. Discussion: Councilors discuss finding number five: No limitation on the number of extensions that may be granted any number of times. There is a typo on a date June 16th should be changed from 2024 to 2025. iv. TP & GB rescind motion & second v. TP moves to approve with the amended date vi. PR seconds the motion vii. Vote: 6-0 @ 8:29 Councilor Burns Yes Councilor Pogwizd Yes Councilor Rask Yes Councilor Tidey Yes Councilor Vileisis Yes Councilor Webb Yes 14. Considerations a. Citizens: i. None b. Council: 8 The City of Port Orford is an Equal Opportunity Employer 9 i. PR: Citizens are working on a petition to bring before the City to enforce Ordinance violations. 15. Adjourn @ 8:30 16. Future Meetings – Regular Meeting October 17th, 2024 @ 5:30 pm 17. (3:00) Adjourn a. Seeing no further business, Mayor PC ends the meeting @ 8:28 pm Attest: _____________________________ _______________________________ Mayor, Pat Cox Date _____________________________ _______________________________ City Recorder, Joseph Harrison Date 9 The City of Port Orford is an Equal Opportunity Employer 10 7(b) Consent Calendar October 17th, 2024 Minutes City of Port Orford Regular City Council Meeting In the Gable Chambers / Virtual participants Thursday, October 17th, 2024 at 5:00 P.M. Mayor and Council Present City Staff Present Pat Cox, Mayor (PC) X City Administrator (CA) Melissa Virtual Radcliffe Brett Webb, Councilor (BW) Virtual Joseph Harrison, City Recorder X Gary Burns, Councilor (GB) X Perri Rask, Councilor (PR) Excused Ann Vileisis, Councilor (AV) X Greg Tidey, Councilor (GT) Excused 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=4Y-EJMX3U7I 1. (0:00-0:02) Call to Order/Roll Call a. Mayor Pat Cox calls this regular session of the Port Orford City Council to Order @ 5:04 pm and leads the chamber in the Pledge of Allegiance. 2. Executive Session: a. By consensus, the Council agrees to enter Executive Session Under ORS 192.660 (2)(d): To conduct deliberations with persons designated by the governing body to carry on labor negotiations @ 5:11. b. By consensus, the Council agrees to come out of executive session at 5:48 3. (0:02-0:03) By consensus the Council agrees to resume the public meeting @ 5:48. Legal counsel Moffat recommends that the Council take a vote on the Tentative Agreement with the Port Orford Police Union. 4. (0:03-0:06) Action out of executive session a. Councilor GB moves to ratify the Tentative Agreement with the Port Orford Police Union. 10 The City of Port Orford is an Equal Opportunity Employer 11 b. Councilor AV seconds the motion. c. Vote: 5-0-1 unanimously passed by present councilors @ 5:50 pm. Councilor Burns Yes Councilor Pogwizd Yes Councilor Rask Excused Councilor Tidey Yes Councilor Vileisis Yes Councilor Webb Yes 5. (0:06-0:08) Additions to the Agenda: a. The Planning Report is moved to item 6(a) b. Historic Preservation Commission is added under item 6(a): Presentations to Council. 6. (0:09-0:43) Presentations to the Council/Citizens: a. (0:10-0:21) Greg Thelen – Planning Report: Chair Thelen gives a brief update on the Department of Land Conservation and Development (DLCD) code grant. b. (0:21-0:43) Rick Cook – Historic Preservation Commission (HPC): the HPC would like to apply for a grant to perform a survey on Hamlet to assess the potential of historical significance. By consensus, the Council agrees to allow the HPC to look into the grant and directs staff to evaluate their capacity to manage another grant. 7. (0:43) Consent Calendar - None 8. (0:43) Citizen’s Concerns: a. None 9. (0:44-1:13) Departmental Reports a. (0:44-0:47) Administration: CA Radcliffe has already submitted her report and gives a quick explanation of it. b. (0:47-0:49) Public Works: CA Radcliffe gives an update of ongoing and upcoming Public Works projects. c. Finance: None d. Police: The Council thanks the Police Department for the follow-through on the community-led speeding study. e. Planning: There is still a vacancy on the Planning Commission. f. Mayor: None g. Liaison: 11 The City of Port Orford is an Equal Opportunity Employer 12 i. Port: So much is going on that Councilor BW recommends citizens go to the Port of Port Orford website for full updates. Council Webb is excused @ 6:45 ii. School: Nothing to report iii. Fire district: Nothing to report iv. Watershed: An application for a Grant for dredging has been submitted. v. Parks: A plan for a fence at the park will be at the next meeting. vi. TLT: Nothing vii. Main: The report is in the packet. viii. EPC: The report is in the packet. The Council takes a brief recess 10. Old Business: a. (1:14-1:37) Res 24-12 Leak Adjustment Policy Revision i. Joseph gives a quick rundown of the revision made to the Ordinance. The current formula for calculating the adjsutment is about 8-10 steps, the proposed formula brings it down to a 3-4 step calculation. ii. By consensus the Council directs staff to revise Res 24-12 to change “Full-time resident” to “during a period of extended absence” and reduce the time limit on applying for an adjustment down to two months. 11. (1:37-1:41) New Business: a. Right of Way Permits (ROW): i. Community Building 1. Councilor GB motions to approve the ROW for the Community Building 2. Councilor 3. Vote: 5-0-1 Councilor Burns Yes Councilor Pogwizd Yes Councilor Rask Excused Councilor Tidey Yes Councilor Vileisis Yes Councilor Webb Yes b. Historic Preservation Commission – already taken care of. c. Corrective Action Plan for FY 23 Audit i. Councilor TP moves to approve the Corrective Action Plan ii. Councilor GB seconds the motion iii. Discussion: iv. Vote: 5-0-1 @ 7:55 Councilor Burns Yes Councilor Pogwizd Yes Councilor Rask Excused Councilor Tidey Yes Councilor Vileisis Yes Councilor Webb Yes 12 The City of Port Orford is an Equal Opportunity Employer 13 12. Continuing Action Items - None 13. (1:41-1:45) Considerations a. Citizens: i. None b. Council: i. AV: Have an employee appreciation meal/event for the staff. 14. Adjourn @ 7:40 Attest: _____________________________ _______________________________ Mayor, Pat Cox Date _____________________________ _______________________________ City Recorder, Joseph Harrison Date 13 The City of Port Orford is an Equal Opportunity Employer 14 7(c) Application for Appointment: Cory Aschauer 14 The City of Port Orford is an Equal Opportunity Employer 15 Department Reports: Administration (10)(a) Utility Update The EPA’s Lead Service Line Survey was recently due. Unfortunately, we still have 368 households’ lines/pipes that are “unknown” (we don’t know if the private, internal pipes are lead, PVC, galvanized, etc…) We sent letters to the homes with “unknown” pipes last week. We are asking for homeowners’ help to identify the pipe materials in their homes. Photos, plumbing receipts, or other data are welcome. Any homes built in 1986 or are newer are automatically “non-lead” certified. If you receive a letter, all information pertaining to your pipes can be emailed to John Isadore at jisadore@portorford.org Grants Update The Friends of the Community Building Complex has secured multiple grants from philanthropic foundations this month. The goal is to raise at least $400,000 to complete the American Legion Hall renovation. The Community Building renovation is a separate grant process through a Federal Community Development Block Grant (CDBG). The Architecture firm of HGE shared initial plans at the Parks Commission Meeting and there is a community gathering planned for Saturday, Nov. 23rd at the Community Building. Also, we are getting our grant disbursements in alignment with CCD Business Development. They are the group that helps us manage some of our grants. These include the Community Building, the Raw Water Tank, and the Sediment Reduction/Culvert Removal in Hubbard Creek grants. Now that the bills are coming in, Deana is working with them to make sure the money is allocated properly and that we are reimbursed in a timely fashion. League of Oregon Cities’ Conference I was able to attend the LOC Fall Conference last month. I heard about their legislative priorities, some ideas for new water meters, and connected names from emails to actual faces. Many small cities are facing the same infrastructure and community issues as Port Orford. I was glad to hear about the Legislative Priorities of Infrastructure funding, Recreational Immunity, Behavioral Health Enhancements, Lodging Tax Flexibility, Energy/Utility Cost Affordability, and Operator- In-Training Apprenticeships. 15 The City of Port Orford is an Equal Opportunity Employer 16 Department Reports: Finance(10)(b) Anne Heath will have materials to present at an upcoming work session – to be scheduled at tonight's meeting. Department Reports: Public Works (10)(c) Water numbers (Gallon) sold for October 2024 Treated water produced 4,765,000 Water sold 2,223,980- Back-washes 385,000K+40,000 for leaks WATER LOSS EST. @ 49 .0 % Water Treatment plant, 1. Service line inventory submitted, approved and certified. Notices to be sent to addresses that have unknown service line material. 2. Water Survey, completed all deficiencies identified by OHA 3. Hubbard’s roof replacement completed with new gutters. 4. Hubbard’s Road graded and spread 3 loads of gravel 5. Coast Guard hill pump station, In progress meet with a second fender for quotes, email to another vender for quote. 6. Vista Pump station, current pump no-longer supported, working on replacement Water distribution leaks repair: 1. Leak on Glenwood St service to meter 2. Leak on Paradise PT RD service to meter Waste Water plant: Op’s: 1. Effluent pumps short cycling Tag on site made a work around until controls program can be troubleshot. 2. Arizona Lift station replacement, is in manufacturing @ Smith & loveless 90-120 days out. RFP for install in the works. 3. Lift station Pm’s City shop yard 1. 300 tons of scrap metal hauled off 2. Northside cleaned and berm placed, more ditching to go 3. 4-5 truckloads of debris hauled to landfill 4. Lean-to on south side shop, is temporary braced until new supporting timbers and can be installed. Work will continue until its completely cleaned up and organized. 16 The City of Port Orford is an Equal Opportunity Employer 17 Parks Battle Rock swale cleaned-out on 11-8. PW Works Equipment PM’s Small equipment PM’s. Vehicles Pm’ Department Reports: Planning (10)(e) Brief review of Nov. 12 Planning Commission meeting for City Council DLCD grant recap: As reported last month, changes to definitions to conform with new state laws, and • Elimination of minimum size of manufactured homes. • Certain Childcare facilities and residential care facilities are required to be allowed in all zones where people live by state law. • Accessory dwelling unit code added (ADUs). • RV Park section added using State laws and other municipal codes. • Manufactured Dwelling parks are updated with new Oregon rules. • Planned unit development (PUD) procedures streamlined; PUD no longer required to be minimum of 3 acres; property size in residential zones remains at 5000 square feet per home. • More complete rules for home occupation and procedures for staff review of them. DLCD grant discussion and new recommendations 11/12/24: • PC previously recommended changing a number of uses in zones from outright to conditional use. City Planner and PC now recommend that instead of moving all to conditional use, that new structures in commercial zones other than single unit or duplex residential would be subject to a site plan review, and that structures with a footprint of over 2000 square feet be subject to site plan review by the planning commission. • Some design elements added to planned unit developments in keeping with current practices in the 10-MU mixed use zone. Planning Commission also recommended making the requirements for water and sewer service the same in all zones, using the current language as written in the zoning code for 10-MU, which was updated a few years ago. See full text of existing ordinance on reverse side of this page. Zoning amendments Timeline: NOV--Review amendments for laws and PC recommendations. Prepare for public notice mailing. DEC-- PC final workshop. JAN—PC Public Hearing. 17 The City of Port Orford is an Equal Opportunity Employer 18 FEB or MAR—City Council Public Hearing, finalize documents. APR—Council adoption. Council members and the public are welcome to attend and participate in the December 10th Planning Commission workshop and meeting. City Council members are welcome at all PC meetings that do not include quasi-judicial land use hearings. Submitted by PC chair Thelen \Current language in Port Orford Zoning Ordinance with regard to sewer and water submitted for discussion to 11/11/24 Planning Commission meeting Language in 10-MU Mixed Use zone: Sewer and Water Line Hookups. 1. Provision of Sewer and Water. Sewer and water shall be provided by the City of Port Orford, and distribution systems shall be built to City and State specifications. 2. Sewer Line Hookups. Sewer lines shall be installed to City standards to connect sites for new development to existing mains. In areas where a sewer main is not adjacent to a proposed lot or an existing lot proposed for development, the developer will pay the cost of extending the main line and any lift necessary to provide adequate sewage disposal to the parameter of the lot. At the request of the developer, the City shall consider sharing in the cost of the main line extension or lift station, but the City is under no obligation to participate. 3. Water Line Hookups. Adequate water lines shall be installed to City standards to connect sites for new development to existing mains. In areas where a water main is not adjacent to the individual lot that is proposed to be developed, the developer will pay the cost of extending the main to the parameter of the lot. At the request of the developer, the City shall consider sharing in the cost of the main line extension, but the City is under no obligation to participate. Language in 1-R Residential, 2-R Residential, 4-C Commercial and 5-I Industrial zones: Provision of Sewer and Water. 1. Sewer service shall be provided by the City of Port Orford, with hookups installed to City standards. 18 The City of Port Orford is an Equal Opportunity Employer 19 2. Sewer lines for new development shall connect to existing mains. In areas where a sewer main is not adjacent to a proposed lot or an existing lot proposed for development, the developer shall pay the cost of extending the main line and any lift necessary to provide adequate sewage disposal to the parameter of the lot. At the request of the developer, the City may consider sharing in the cost of the main line extension or lift station, but the City is under no obligation to participate. 3. Water lines to connect sites for new development to existing mains shall be installed to City standards. In areas where a water main is not adjacent to the lot proposed for development, the applicant will pay the cost of extending the main to the parameter of the lot. At the request of the developer, the City may consider sharing in the cost of the main line extension but the City is under no obligation to participate. Liaison Reports 10(g) Port: None Submitted School: Nothing to Report Fire District: None Submitted Watershed: Together with members of the PO Watershed Council, I attended DEQ’s fall workshop, held in the Port Orford Library. We brought our watershed/ watersystem poster, and it was a good time to network with other cities and water operators and people who offer grants for the watershed part of water systems. I had several meetings related to applying for an OWEB Source Water Protection grant that could reimburse the outstanding costs we have from that half forgivable loan that took out to buy the piece of land in our drinking water source area. The deadline is Dec. 12 —and so I will be working on the application with help from partners at DEQ. On tonight’s agenda we have a resolution that we’ll have to pass to be eligible for this grant 19 The City of Port Orford is an Equal Opportunity Employer 20 to pay back roughly $409k. So far I have secured letters of support from Port Orford Mainstreet and the PO Watershed Council for this grant. I’ve also been working with Tina from Civil West and Lehi from CCD to complete the first Request for Information (RFI) related to our BRIC grant application. There will be two more RFIs we have been told. I was in touch with Erin at the Curry Soil and Water Conservation District. She has conducted some gorse removal projects up on the Wilson parcel and recently did some monitoring to see what’s happened up where that fire burned a couple of years ago. She says that gorse is coming into that area and she thinks that watershed council volunteers could probably get out there and hand pull much of it. I was in touch with the PO Watershed council. They have reached out to PW and are interested to help clear out the grates “upstream” of the bioswale. The watershed council has decided to meeting on a quarterly basis, or as need be, on the first Wednesday of those months from 4-5pm Parks: None Submitted TLT: None Submitted Main Street: Numbers are down at the Visitor Center but they’re keeping it open with two, 3 hour shifts per day. Planning for the Hughes House Teas during the Holidays. They’re thinking of different possibilities of events that could be organized during the shoulder seasons to promote business in the off seasons. EPC: Carol Cartier attended our last EPC meeting and continues to gather and organize our information. The Survey is about ready for us to approach all of our organizations and businesses to inventory everyone’s ability to assist in the event of an emergency event. We’ll report on our progress. Curry County Emergency Coordinator, Jeff Hughes reported on his progress on the County Emergency Program. 20 The City of Port Orford is an Equal Opportunity Employer 21 Commissioner Miller and Burns attended the Curry County Evacuation Plan Steering Committee meeting. The County got a grant to develop this plan. A group has been hired to put together significant information and develop different evacuation routes that would be used in the different Emergency Event possibilities. The EPC is getting close on installing a base radio in meeting room in the City Hall office area. Hoping to have it done in January. There will be a few things the EPC will want to discuss with the City Council pertaining to who would declare a State of Emergency and how we would deal with our Incident Command. Would we expect to train an individual to be the IC? Would it be a group of people? Would they need to be employees or possibly volunteers? How would we lead our Community if we had an extended power grid failure? 21 The City of Port Orford is an Equal Opportunity Employer 22 Old Business 11(a): Port Orford Waste Water Recycling 11(a)(1): Civil West Scope of Work Background: In the August City Council meeting, The City Council approved a proposed project plan explaining how the City could use the $750,000 legislatively allocated funds from the State of Oregon. The bill is specifically for Wastewater Recycling in Port Orford. To prepare for this future outcome, the Wastewater Treatment Plant (WWTP) will need major upgrades. Civil West was tasked with providing a Scope of Work for this upgrade project. The City received a Scope of Work from Civil West, which breaks down each project in the plan and explains how they will be completed. The Scope of Work is available online and is linked below. http://portorford.org/wp-content/uploads/2024/11/Draft-Water-Recycling-Scope-of-Service.pdf Recommended Motion: - I, Councilor [name], move that the Council approve Civil West's scope of work as presented and direct City Staff to carry out tasks as needed for this project. - I, Councilor [name], move that the Council approve Civil West's scope of work as amended and direct City Staff to carry out tasks as needed for this project. - I, Councilor [name], move that the Council not approve Civil West's scope of work. 22 The City of Port Orford is an Equal Opportunity Employer 23 11(a)(2): Elk River Property Development (ERPD) Memorandum of Understanding MEMORANDUM OF UNDERSTANDING FOR SEWER TREATMENT FACILITY WATER USE I. RECITALS WHEREAS, the City of Port Orford, hereinafter referred to as “City,” owns and operates a municipal sewer treatment facility on the real property described in Exhibit A attached hereto and by express reference made a part hereof; WHEREAS, Elk River Property Development LLC, an Oregon Limited Liability Company, hereinafter referred to as “ERPD,” are the owners of the real property described in Exhibit A attached hereto and by express refence made a part hereof, the same being more commonly referred to as the TBD Golf Course and related facilities; WHEREAS, the City pursuant to governmental regulations, is permitted to discharge recycled wastewater reuse from said sewer treatment facility to Outfall 002 as outlined in the City’s NPDES Permit; and WHEREAS, ERPD is desirous of taking of said sewer effluent, recycled wastewater, or discharge water from said sewage treatment facility meeting Class C Effluent Requirements, not heretofore committed by the City, for the purpose of using said sewer effluent, recycled wastewater, or discharge water for a secondary outfall for the City in connection with the operation and maintenance of the TBD Golf Course and related facilities located on the real property referred to as Exhibit A; WHEREAS, ERPD is included in the City’s Wastewater Treatment Plan and NPDES for a Secondary Outfall 002; NOW, THEREFORE, THIS MEMORANDUM OF UNDERSTANDING between the City and ERPD, is as follows: II. MOU: 1. The recitals above are expressly made a part of this MOU. 2. The City shall make available to ERPD, and ERPD will take and receive from the City, the sewer effluent, recycled wastewater, or discharge water that meets Class C effluent standards from the municipal sewage treatment facility, when ERPD is able to accept sewer effluent, recycled wastewater, or discharge water. ERPD shall use the reclaimed water received from the City for the secondary outfall 002 to be 23 The City of Port Orford is an Equal Opportunity Employer 24 applied consistent with all applicable federal, state, and local environmental laws and regulations and the City’s NPDES Permit. 3. The City shall supply Class C effluent to the extent possible, at a rate determined by the City’s engineers and under Section 4, at no cost to ERPD for accepting the Class C effluent as Outfall 002, but at times due to maintenance or other activities, ERPD may not be able to accept the finished sewer effluent, and at that time, upon notice to the City, the City shall discharge the sewer effluent or discharge to their other permitted discharge location or locations. 4. It is understood that the City, determined by the City’s engineers, may use finished effluent to flush their existing discharge line to the Pacific Ocean, identified as Outfall 001 in their NPDES permit. During these flushing periods, finished effluent may not be sent to ERPD. 5. The entire consideration for the sewer effluent or discharge water delivered by the City to ERPD is as follows: 5.1 First, ERPD is required to pay and accept all liability for the construction, maintenance and operation of the effluent piping and infrastructure from the City’s Class C wastewater discharge point at the City’s wastewater treatment plant to its property; and 5.2 Second, EPRD will grant an access and maintenance gravity sewer easement to the City through Tax Lot 1011 to route a gravity sewer line which may eliminate the City’s need for the Wyoming Wastewater Pump Station. A copy of the easement is described in Exhibit B. 6. The approximate quantity of reclaimed water that will be released to ERPD will be determined by the City’s engineers. 7. ENTIRE MEMORANDUM OF UNDERSTANDING. This MOU represents the City’s Amended Wastewater Treatment Plan, NPDES, City Resolution 2016-06, City Ordinance 2016-03, City Council approval on 3/15/2018 and City Conditional Use Permits 1602 and 1603, to partner with ERPD by making available the City’s Class C Effluent for the purposes of ERPD providing a Secondary Outfall 002 to the City. [Signature Pages to Follow] 24 The City of Port Orford is an Equal Opportunity Employer 25 IN WITNESS WHEREOF, the parties have hereunto set their hands and seals this _____ day of ________ _____, 2024. CITY OF PORT ORFORD ELK RIVER PROPOERY DEVELOPMENT, LLC INSERT TITLES, ADDRESS ETC….. STATE OF OREGON ) County of CURRY ) ss. , 2024. Personally appeared the above named NAME, Mayor of the City of Port Orford, who has acknowledged the foregoing instrument to be his voluntary act and deed, and that he has executed the same pursuant to Resolution of the City of Port Orford. Notary Public for My Commission Expires: STATE OF OREGON ) County of Curry ) ss. , 2024. Personally appeared who, being duly sworn, did say that he is the President of ERPD., an Oregon Corporation, dba XXXX, and that the seal affixed to the foregoing instrument is the corporate seal of said corporation and that said instrument was signed and sealed in behalf of said corporation by authority of its board of directors; and acknowledges said instrument to be its voluntary act and deed. Notary Public for My Commission Expires: 25 The City of Port Orford is an Equal Opportunity Employer 26 New Business 12(a): RES 24-13: FEMA PICM A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PORT ORFORD ADOPTING A FEMA PERMIT-BY-PERMIT PREIMPLIMENTAION COMPLIANCE MEASURE THE CITY OF PORT ORFORD RESOLVES AS FOLLOWS: Whereas, on July 15, 2024, FEMA issued the Pre-Implementation Compliance Measures (PICM) for the National Flood Insurance Program (NFIP) participating communities in Oregon to ensure the continued existence of threatened or endangered species in Compliance with the Endangered Species Act (ESA); and Whereas, the changes are intended to protect endangered and threatened species and habitat by requiring "no net loss" of habitat functions. Those functions are:  Flood storage (impacts from placing fill in the Special Flood Hazard Area (SFHA));  Water quality (impacts from adding new impervious surface in the SFHA that creates pollutant runoff);  Riparian habitat (impacts from removing vegetation near rivers and streams); and Whereas, Port Orford was notified by FEMA that it must choose and implement one of three Pre-Implementation Compliance Measures (PICM) options are: 1. Prohibit all new development within the SFHA; 2. Adopt a model ordinance that incorporates the requirements of the Endangered Species Act (ESA) into the County's floodplain code; 3. Require applicants on a permit-by-permit basis to prepare a Habitat Assessment to verify that no net loss of floodplain functions will occur as part of their proposed development; and Whereas, on August 14, 2024, the guide for creating habitat assessments and the model ordinance were released by FEMA; and Whereas, by December 1, 2024, jurisdictions must choose and implement a Pre-Compliance Implementation Measure (PICM); and Whereas, if a community does not choose and implement a PICM by December 1, 2024, it will be required to default to PICM #3 - permit-by-permit habitat assessment; and Whereas, presentations on these options were given to City Council on October 29, 2024 at a Special Session in an effort to inform the community and solicit public feedback; and 26 The City of Port Orford is an Equal Opportunity Employer 27 Whereas, at the October 29, 2024 Special Session of the City Council, the City Council instructed staff to prepare documentation to begin the process of implementing the ordinance language; and Whereas, it is necessary to implement a PICM by December 1, 2024 until the model ordinance adoption has been completed; and Whereas, Port Orford has determined that the challenges that would be caused by failure to comply with the FEMA process outweighs the overall impact of the Permit-by-permit process; and Whereas, Port Orford has determined that sufficient resources are available and a sufficient time period is available to complete the implementation of the model codes, regulations or procedures within the period of effectiveness of the moratorium. Now, therefore, the Permit-by-permit PICM shall be enacted for development in the Special Flood Hazard Area (SFHA) on December 1, 2024, until the completion of the ordinance language: ADOPTED by the City Council of the City of Port Orford and APPROVED by the Mayor of Port Orford this 21st day of November 2024. City staff is instructed and authorized by the City Council of the City of Port Orford to inform FEMA of these actions. _____________________________ _______________________________ Mayor, Pat Cox Date Attest: _____________________________ _______________________________ City Recorder, Joseph Harrison Date 27 The City of Port Orford is an Equal Opportunity Employer 28 New Business 12(b): RES 24-14: Managing Port Orford Watershed MEMO BACKGROUND Last year, the Oregon Legislature provided funding to the Oregon Watershed Enhancement Board (OWEB) for a brand new grant program to help public water systems to purchase land to protect their drinking water source areas. The grant program includes the opportunity for cities to request funds to pay back loans they have already taken out to purchase land for source water protection, which perfectly fits Port Orford’s recent purchase of the Wilson parcel. We are currently working on an application to apply for this grant, due on Dec. 12. In order to be eligible, the governing body must pass a resolution pledging to manage the land for drinking water into perpetuity and to include that requirement on the land deed. Recommended motion I move to adopt Resolution 24-14 pledging to manage the Wilson parcel in Port Orford’s Drinking Water Source area for drinking water protection. 28 The City of Port Orford is an Equal Opportunity Employer 29 New Business 12(b): RES 24-14: Managing Port Orford Watershed RESOLUTION 2024-14 Pledge to Manage Wilson parcel in Port Orford’s Drinking Water Source Area for drinking water protection Whereas the City of Port Orford (the City) has recognized the fundamental importance of conserving and managing forested lands its Drinking Water Source Area to reliably provide high-quality drinking water for the citizens of Port Orford, now and into the future. Whereas the City recently purchased the 160-acre Wilson parcel within its Drinking Water Source Area with a Department of Environmental Quality (DEQ) Clean Water State Revolving Fund (CWSRF) half-forgivable loan. Whereas the City has adopted a DEQ-approved Forest Stewardship Plan for lands in its Drinking Water Source Area, pursuant to the CWSRF loan used to purchase the land. Whereas the City now seeks to apply for an Oregon Watershed Enhancement Board (OWEB) Drinking Water Source Protection grant (Grant) to repay the non-forgivable portion of the City's DEQ CWSRF loan. Whereas OWEB requires that as a condition of the Grant, the City provide a resolution of pledge and promise to conserve and manage the forested land of the Wilson parcel for protection and provision of high-quality drinking water into perpetuity. Whereas OWEB requires that, if the City receives the Grant, the City shall attach a Notice of Grant Requirements in the form provided by OWEB to the deed of the land. Therefore, if the City receives the Grant, the City pledges and promises to conserve and manage the Wilson parcel to protect its drinking water source, Hubbard Creek, to provide high- quality drinking water into perpetuity and to attach a Notice of Grant Requirements to the deed of the land. 29 The City of Port Orford is an Equal Opportunity Employer 30 New Business 12(c): Schedule Financial Check-Up Work session with Anne Heath Newly hired Financial Consultant Anne Heath would like to schedule a Work Session with the Council to give them a mid-year update on the budget. The tentative date & time for this work session is December 4th @ 5:30. This can be scheduled via consensus or formal motion once the Council has agreed on a date and time. New Business 12(d): Discuss December Meeting Date The normal meeting date for the December meeting would fall on December 21 st, 2024. Due to holiday scheduling, this has previously been skipped due to not having a quorum. If the Council is going to have difficulties scheduling this meeting date, it might be beneficial to either reschedule or cancel the meeting. This can be done via consensus or formal motion. Recommended Motion: - I, Councilor [name], move that the Council keep the December 21 st date for the meeting. - I, Councilor [name], move that the Council change the date/time of the meeting to [date & time]. - I, Councilor [name], move that the Council cancel the regularly scheduled City Council meeting. 30 The City of Port Orford is an Equal Opportunity Employer 31 Continuing Action Items 13(a): Resolution 2024-12: Updating 13.04.080 & Collection Procedures MEMO Second Reading Background: The City of Port Orford has a policy to adjust water and sewer bills when a catastrophic leak has happened so citizens can get some forgiveness on a leak if they fixed it. Additionally, the City of Port Orford is currently in a period of water curtailment and the Common Council is trying to find ways to incentivize citizens to use less water. Issue: As rates have increased, the formula for calculating the adjustment hasn’t been updated and now it gives the highest adjustment for normal usage over 10,00 gallons. However, since the City is trying to prioritize decreasing citizen water use, the water leak policy should reflect that and give larger adjustments to citizens who use less water on average. Recommended Motion: - I, Councilor [Name], move to approve Resolution 2024-11: Updating 13.04.080 Collection Procedures as written with the following percentage adjustments….. - I, Councilor [Name], move to approve Resolution 2024-11: Updating 13.04.080 Collection Procedures as amended with the following percentage adjustments….. - I, Councilor [Name], move to direct staff to create an alternative 31 The City of Port Orford is an Equal Opportunity Employer 32 Continuing Action Items 13(a): Resolution 2024-12: Updating 13.04.080 Collection Procedures Second Reading AN ORDINANCE TO AMEND CHAPTER 13 OF THE PORT ORFORD MUNICIPAL CODE TO UPDATE THE ADJUSTMENT POLICY ON CATASTROPHIC WATER LEAKS WHEREAS, The City of Port Orford has been offering adjustments on water bills to citizens when they have a catastrophic water leak, and WHEREAS, The current adjustment formula has not been updated while the rates have been being increased; and WHEREAS, The City of Port Orford is under a policy of water curtailment, and WHEREAS, The current adjustment formula doesn’t incentivize less usage, NOW, THEREFORE, BE IT RESOLVED THAT the City Council authorizes the City of Port Orford to adopt the following revision to Chapter 13.04.080 Collection Procedures. 32 The City of Port Orford is an Equal Opportunity Employer 33 13.04.080 Collection Procedures C. Adjustments to User's Fee. 1. If a waterline serving the user's premises is broken, resulting in a water consumption use fee which is materially greater than the user's average monthly water consumption use fee, recalculated at the existing consumption use fee rates, the user may apply to the City Administrator for an adjustment. In order for an adjustment to be made, application for an adjustment must be made within three two months of the billing in question, or within three months of the effective date of this section, whichever is later. If the leak happened while the applicant was gone for a period longer than 30 days without shutting off their water, they are ineligible for a refund. 2. The user shall present evidence to the City Administrator of the break, and the user's average monthly water consumption use fee. Upon satisfaction that the break has occurred, been repaired, and that the water fee was materially greater than the user's average monthly water consumption use fee, the City Administrator shall credit an amount, calculated in subsection (C)(3) to the user, through a credit to a future month's billing. As used in this subsection, a water consumption use fee is "materially greater" if the water consumption use fee is at least 200% of the water consumption use fee at the same time the previous year. For the purposes of this section, all water consumption use fees will be recalculated at the consumption use rate in effect at the time of the leak. 3. If the water consumption fee charged meets the test in subsection (C)(2), the credit due the customer will be calculated as follows. The water consumption for the same billing period the previous year will be considered to be the actual use of the customer. Usage under the base rate will be treated as the full amount of the base rate, and no relief will be granted on that portion. All usage over that amount will be charged according to the following formula: - If the usage last year was under the base usage, charge 25% of the overage. - If the usage last year was between the base usage and 5,000 gallons, charge 50% of the overage. - If the usage last year was between 5,000 gallons and 10,000 gallons, charge 65% of the overage. - If the usage last year was between 10,000 gallons and 20,000 gallons, charge 80% of the overage. - If the usage last year was over 20,000 gallons, charge 90% of the overage. 33 The City of Port Orford is an Equal Opportunity Employer 34 cost for 5,000 gallons of water, divided by five. The average consumption is 5,000 gallons. Further, there shall be a cap on the amount that may be charged to the customer equal to the amount of the total of the customer's previous 12 months' water bills, including the base rate, recalculated to current rates in effect at the time of the leak. Attest: _____________________________ _______________________________ Mayor, Pat Cox Date _____________________________ _______________________________ City Recorder, Joseph Harrison Date 34 The City of Port Orford is an Equal Opportunity Employer