City Manager's Newsletter - September 5, 2008

City of Bandon

CITY MANAGER'S NEWSLETTER

September 5, 2008

This newsletter is an informal report by City Manager Matt Winkel on the news, issues, and other items of interest from the City of Bandon. It will normally be posted once each month (on the Friday following the City Council meeting) on the City's WEB Page at www.ci.bandon.or.us, and will be e-mailed directly to all subscribers. Subscribers will also receive copies of City Council, Planning Commission, Parks & Recreation Commission, Architectural Review Board, and Water Resource Committee agendas via e-mail in advance of each meeting.

To subscribe or un-subscribe, or if you have any questions, comments, or suggestions, please e-mail to citymanager@ci.bandon.or.us. Your e-mail addresses will be kept confidential and not distributed or used for any purposes other than e-mail communications with the City of Bandon.

FEATURED IN THIS ISSUE

• Committee And Commission Appointments
• Position Open On The Water Resource Committee
• Indian Point RV Park Remand
• City Council Approves State Revenue Sharing Allocation For The New BRAVO Reading Program
• Port of Bandon Requests Support For The Four Ports Group To Review Marine Reserve Nominations
• Sewer Connection Requirements To Be Amended
• Water Storage Feasibility Grant Proves Unfeasible
• Several Sections Of The Zoning Regulations Being Reviewed By The Planning Commission
• Utility "Bad Debt" Quarterly Report
• Donation Received From The Oregon Bicycle Ride
• Linda's Church Joke

COMMITTEE AND COMMISSION APPOINTMENTS

The City Council awarded a Certificate of Appreciation to Jim Shivley for 8 years of service on the Water Resource Committee, from July 2000 through June 2008. The City Council also approved the appointment of Brian Vick to the Water Resource Committee for a 4-year term (with Councilors Briscoe, Powell, Procetto, and Tiffany voting in favor, and Councilors Claassen and Drew voting in opposition), and unanimously extended Patricia Soltys' term until a replacement can be found. The Bandon Municipal Code limits the terms of standing committee members to two consecutive full terms, plus a portion of a term if initially appointed in mid-term. A person can be again appointed to the same committee, once they have been out of office for at least one full term. A sincere thanks to Jim for all of his hard work and service to the community, and congratulations to Brian on his appointment!

POSITION OPEN ON THE WATER RESOURCE COMMITTEE

There is currently an opening on the Water Resource Committee, and applications will be accepted until the position is filled. The Water Resource Committee is composed of nine members, representing City residents as well as watershed land owners and users, with a maximum of four members from outside the City. Since the outside-City positions are currently filled, the vacant position is for a resident within the City. The primary responsibility of Committee is to investigate and develop recommendations regarding water supply, resources, and watershed protection. Regular meetings are held once every two months, with special meetings when necessary. If you would like to serve on the Water Resource Committee, please contact City Recorder Jo Anne Lepley at (541) 347-2437, ext. 227, or e-mail recorder@ci.bandon.or.us.

INDIAN POINT RV PARK REMAND

On August 29^th, the County Board of Commissioners held a hearing on the remand by the Land Use Board of Appeals (LUBA) of the Indian Point RV Park proposal, which is proposed to be located on the old Rogge Mill site, on the east side of Highway 101, immediately south of the Coquille River bridge. When the application was initially heard by the Coos County Planning Commission in March, 2007, the Bandon Planning Commission raised a total of five points of concern, including Police Protection, Water & Wastewater, Urban Nature of the Development, Traffic, and Impact on Tourism. Of those, LUBA included two (Wastewater Treatment and Urban Nature of the Development) as valid points in its remand back to the County.

After hearing testimony, and based on a determination by the County Attorney that the applicant had submitted "new evidence" in their response to the remand, the Commissioners decided to schedule another hearing, and allow testimony from all parties who had previously testified. Although the City of Bandon was not a party to the LUBA appeal, the City does have standing since it testified at the initial County Planning Commission hearing. The new hearing will be held on Tuesday, October 21, 2008, at 1:00 PM, in the Coos County Commission meeting room, Coos County Courthouse, Coquille.

It was the consensus of the City Council to place the Indian Point RV Park remand hearing on the October 14^th Bandon City Council agenda for further discussion. The Planning Commission could also place this item on their meeting agenda for September 25^th or October 9^th, if they wish to consider making a recommendation to the City Council.

CITY COUNCIL APPROVES STATE REVENUE SHARING ALLOCATION FOR THE NEW "BRAVO" READING PROGRAM

When the fiscal year (FY) 2008-2009 City budget was being prepared, the SMART (Start Making A Reader Today) volunteer reading assistance program at Ocean Crest Elementary School submitted a request for $3,420 from the State Revenue Sharing Fund. Subsequent to that request, the SMART program announced that they would be eliminating their paid coordinator positions, and moving to an all-volunteer program. When the budget was adopted, since it was unclear what the requested funds would be used for, it was decided that the requested amount would be added to the "contingencies" line item, where they would be held until the situation with SMART was clarified. In addition, since the SMART program year had ended, since SMART had not requested the prior year's allocation of $3,500, and since it was clear that any payments would not go directly to the Bandon SMART program, that additional $3,500 was carried forward, and also placed in "contingencies."

A group of concerned parents, who are convinced that SMART's proposed volunteer coordinator approach will not provide a program which is in the best interest of Bandon students, got together to develop a strategy for moving forward. They decided to form an private non-profit 501.C.3 corporation, and are in the process of preparing and submitting the required incorporation documents. The organization will be called BRAVO (Bandon Readers And Volunteers Organization). At their August 11, 2008 meeting, the School District Board agreed to recognize BRAVO as a support organization.

BRAVO intends to re-hire the former SMART coordinator, and has adopted an annual budget of $17,080. The primary source of annual funding will be donations and proceeds of fund raising events. They are requesting that the City allocate to the BRAVO program the $3,420 State Revenue Sharing Funds originally requested by SMART for FY 2008-2009, and as a source of start-up money for the first year, also allocate the $3,500 formerly budgeted for SMART in FY 2007-2008, which was carried forward to this fiscal year. The BRAVO Board has been advised that there are no guarantees regarding any future funding, and that the normal annual maximum available to any one organization is $3,500.

After discussing the request, the City Council approved the allocation of $6,920 in State Revenue Sharing funds to the BRAVO program, including last year's $3,500 plus this year's $3,420. Councilors Briscoe, Drew, Procetto, and Tiffany voted in favor of the motion, with Councilors Claassen and Powell voting in opposition. Both Councilors voting against the motion indicated that they supported the reading program, but were opposed to allocating more than $3,500 in any one year.

PORT OF BANDON REQUESTS SUPPORT FOR THE FOUR PORTS GROUP TO REVIEW MARINE RESERVE NOMINATIONS

At the September 2^nd City Council meeting, Port of Bandon Commissioner Reg Pullen presented information on a proposed Four Ports Group, which includes the Ports of Bandon, Port Orford, Gold Beach, and Brookings Harbor. The Port Commission requested City Council support for this organization, which will be commenting on proposed marine reserve nominations.

Some concern was expressed by the City Council that a formal resolution supporting the proposal may be interpreted as pre-authorization for the Four Ports Group to review, analyze, and comment on behalf of the City of Bandon regarding marine reserves and wave energy park site nominations. It was felt that it would be more appropriate for the City to retain its own authority to review and decide whether to comment at the time a nomination is submitted.

The City Council directed staff to prepare a letter supporting the Port of Bandon's participation in the Four Ports Group, while still retaining authority for the City of Bandon to comment on any marine reserve nominations. That letter reads, "This is to express the City Council's support for the Port of Bandon's participation with the Ports of Port Orford, Gold Beach, and Brookings Harbor, as a member of the Four Ports Group, for the purpose of reviewing marine reserve nominations off the southern Oregon coast. The City of Bandon is aware of the role marine reserves can serve in protecting our ocean resources, and also recognizes that their siting can have negative impacts on local economies. The City looks forward to receiving the results of your review and analysis, which will provide additional information to assist us in formulating any comments we may wish to make on those proposals."

SEWER CONNECTION REQUIREMENTS TO BE AMENDED

The Bandon Municipal Code has a basic requirement that all homes, businesses, etc., connect to the public sewer system, if the sewer is within 300 feet. This ensures that all new construction and development connects to, and extends when necessary, the public sewer system, as opposed to installing septic systems, when the sewer is within a reasonable distance. In the case of existing development, however, some inconsistencies have been created between the basic sewer connection regulations, the local improvement district regulations, and the City's annexation policies. The inconsistencies are illustrated in the following three scenarios:

1. If sewer brought within 300 feet of an existing septic system through any means other than a local improvement district, the septic system has to be discontinued, and a connection made to the public sewer system within 60 days of being notified by the City to do so.
2. If sewer brought within 300 feet of an existing septic system through formation of a local improvement district, a properly functioning septic system can continue to be used for a period of up to 7 years or upon sale of the property, whichever is sooner, and then a connection to the public sewer system must be made.
3. If a property outside the City is served by a septic system, and is subsequently annexed into the City, the Annexation Policies waive the sewer connection requirements, regardless of distance to the sewer system, as long as the septic system continues to function properly, and as long as the property owner annually provides proof to the City that the system is functioning properly.

After discussing the matter at their September 2^nd meeting, the City Council directed staff to prepare and bring back for consideration at the October 14^th meeting an ordinance which would provide consistent treatment when sewer is brought within 300 feet of a property with a properly functioning septic system. Regardless of whether it is an existing area or a newly annexed area, and regardless of the means by which public sewer is installed, the proposed regulations would allow the continued use of a septic system for a period of up to 7 years or upon sale of the property, whichever is sooner, as long as the septic system continues to function properly, and as long as the property owner annually provides proof to the City that the system is functioning properly. The proposed regulations would not impact septic systems located further than 300 feet from the public sewer, and would still require all existing vacant lots and new subdivisions within 300 feet of the public sewer to extend and connect to the public sewer system.

WATER STORAGE FEASIBILITY GRANT PROVES UNFEASIBLE

Anticipating that funds would be available from a new Oregon Water Resources Department (WRD) grant program, the fiscal year 2008-2009 City budget included the receipt and expenditure of $100,000 from that program for undertaking a study to determine the feasibility and costs of constructing one or more of five potential reservoirs, including expansion of the Ferry Creek Reservoir, expansion of the Geiger Creek Reservoir, re-activation of the Simpson Creek Reservoir, construction of a new reservoir on Geiger Creek, and construction of a new reservoir on the City's watershed property.

When the grant rules came out in July, however, enough restrictions had been added to the program to preclude the City from submitting an application. First, the program became a 50/50 match. Second, and more critical, was the fact that extensive environmental analysis requirements had been added. Although, under current environmental regulations, a certain amount of environmental review would be anticipated once an alternative was selected and was being implemented, adding such an extensive analysis to the preliminary study of each alternative is, in City staff's opinion, completely unnecessary, and increases the project cost to the point that it is no longer realistic. The original cost estimate for the project was $100,000. According to the City Engineer, adding these new requirements would increase the project cost by at least $500,000. So, paying 100% of its own $100,000 project would be significantly less expensive than paying 50% of a $600,000 project, not to mention the added administrative and reporting requirements, as well as oversight by the State of Oregon.

Staff discussed this situation with representatives from the League of Oregon Cities (LOC) and the WRD. Although sympathetic to the City's concerns, the WRD confirmed that there would be no exceptions to these requirements. Staff will attempt to include the necessary funds in the next fiscal year 2009-2010 budget, or perhaps some changes will be made to the WRD grant program so that such an extensive environmental review analysis is not required for preliminary feasibility studies such as the one proposed by the City.

SEVERAL SECTIONS OF THE ZONING REGULATIONS BEING REVIEWED BY THE PLANNING COMMISSION

The Planning Commission has initiated action on several items which the City Council had indicated were important issues for them to address. At their August 28, 2008 meeting, the Planning Commission reviewed and discussed proposed riparian corridor protection regulations and new sign regulations. At their upcoming September 25^th meeting, the Commission will continue these discussions, and also review vacation rental dwelling requirements and lot coverage & density allowances. Recommendations on these matters will be forwarded to the City Council after they have been formulated and the required public hearings have been held.

UTILITY "BAD DEBT" QUARTERLY REPORT

During the quarter from April 1, 2008 thru June 30, 2008, the City had a total of $11,831.31 in utility bills which customers failed to pay. This represents customers who either left their residence or business without paying their final bill, or had their service disconnected for failing to pay. Periodically, in order to apply any utility deposits which the City is holding, these unpaid amounts are written off as "bad debts." Then, those debts are turned over to the City's collection agency. The agency tries to determine a customer's new address or workplace in order to collect, pursues the bad debt through Small Claims Court to obtain a wage garnishment order, and reports the names of all customers with bad debts to all of the major credit reporting agencies. Several years ago, the City would pursue the bad debts ourselves prior to turning them over to the collection agency, since the collection agency used to take 30%-40% of the collections as their fee, and then turn over the remaining 60%-70% to the City. Recent rule changes, however, allow collection agencies to add their fee (50% of the bad debt) on top of the utility bill, so the City receives 100% of the amount owed, plus interest. When customers apply for utility service, part of that application acknowledges that if they fail to pay their bills in full, they will be charged a collection fee, in addition to the amount owed to the City. So, if the City cannot readily find the customer and secure payment, or make payment arrangements, the bad debts are now turned over to the collection agency early in the process.

For this last quarter, a total of $4,255.16 in deposits (with interest) were applied against the unpaid bills, and $2,364.29 in previously written off bad debts was collected, for a net loss of $5,211.86. Any customer who has an unpaid bad debt, and wishes to re-establish utility service, must first pay all of that unpaid amount, in addition to a new utility deposit. The City pursues bad debts as vigorously as possible, since it is the good utility customers who are ultimately paying for those who do not pay their bills.

DONATION RECEIVED FROM THE OREGON BICYCLE RIDE

The City received a donation of $1,200 from the Oregon Bicycle Ride for allowing them to use and camp in City Park on August 11-13. The money will be deposited into the Parks & Recreation Development Fund. Several hundred bicycle riders spent two nights camping at City Park and touring the community. The participants left everything at the Park in such excellent shape that it was impossible to tell anyone had even been there. The City looks forward to future visits by the Oregon Bicycle Ride, and will notify the community and our merchants once their next trip has been scheduled.

LINDA'S CHURCH JOKE

Linda says her church "ain't no redneck church," but she certainly knows how to recognize one:

1. The finance committee refuses to provide funds for the purchase of a new chandelier because none of the members know how to play one.
2. When the Pastor says, "I'd like to ask Bubba to help take up the offering," and five guys and two women stand up.
3. Opening day of deer season is recognized as an official church holiday.
4. People think "rapture" is what you get when you lift something too heavy.
5. In a congregation of 500 members, there are only seven last names in the church directory.

HA! HA! Ha! HO! Ho! HA! Ha! ha! ha! ha!

ANYTHING ELSE?

Do you have any questions, input, or suggestions? Are there any topics you want addressed or covered in the Newsletter? If so, please let me know at citymanager@ci.bandon.or.us. For more complex questions or issues that may take significant discussion, please feel free to contact me by telephone at (541) 347-2437, voice mail ext. 229, so we can schedule an appointment.

Also, remember to visit the City of Bandon WEB page at www.ci.bandon.or.us, where you can get more information on this wonderful place in which we live.

That's it for now. Have a great Cranberry Festival weekend (September 12-14)!

Matt Winkel

City Manager