Depoe Bay City Hall

The Depoe Bay City Council was told Tuesday night that at least five years of planning to accommodate offshore wave energy generators is coming to a head later this month before the state Land Conservation and Development Commission (LCDC). Recommendations as to where the devices should be placed within the state’s 3 mile territorial limit are all over the map depending on whose recommended sites are approved by LCDC. One group, the Ocean Policy Advisory Council that has been characterized as working most closely with the public and the fishing community, has recommended sites off Camp Rilea in Clatsop County, off Reedsport and also Lakeside. OPAC also recommended that sites off Pacific City in Tillamook County be dropped.

Another group, the Territorial Sea Planning Advisory Committee, with heavy membership from the wave energy industry, recommends a larger number of sites but in no particular order. And then there’s the LCDC staff itself, which has been reported to be recommending that the Pacific City site in Tillamook County be added back into the mix.

Decision day is said to be coming up January 24th at LCDC in Salem. OPAC and TSPAC member David Allen told the council that two days before that meeting an LCDC hearings officer will accept public testimony on the plan at the Newport Public Library January 22nd, 4 – 7pm. Any and all public opinion and comments can be given at that time. Questions on the plan are also welcome.

As stated in earlier stories, although the Territorial Sea Plan (for wave energy) will likely be adopted on January 24th, it doesn’t mean that wave energy devices are going to start showing up along the Oregon Coast anytime soon. Many who have followed the process for a number of years contend that all wave energy devices will have to meet strict criteria to ensure that Oregon’s commercial and recreational fishing industries are not unreasonably impacted, that scenic values are preserved and that the energy devices must be financially feasible to operate. Current devices produce only very expensive power which, according to many experts, will require heavy taxpayer subsidies which may not be as readily forthcoming as they have been with wind energy generators. Reports from the East Coast indicate that federal subsidies for some wind turbine operations are now just year-to-year which doesn’t make venture capitalists and other investment groups comfortable about the long term future of wind energy as a viable and affordable source of renewable power.

The city council turned down a request from a home building contractor that he be allowed to place a security guard trailer and building materials storage facility on a street in front of a home he is building at the end of Elsie Street. The contractor complained that he has lost tools and building materials to burglars and vandals who go through the construction site after dark. He said if he could place a small trailer in front of the home on the street he could stop his losses.

However, Councilor Barbara Leff told the contractor that by allowing him to use a public street for a private purpose it would set a precedent for future contractors who may want to use a city street for similar purposes. Other councilors suggested he place his trailer on the property itself, or on adjacent property that the homeowner also owns, but the contractor claimed that neither option would work due to steep grades and the high cost of contouring the land for such a short term use. The council voted the request down.

Public Works Director Terry Owings told the council that things are progressing well on the installation of the town’s five new tsunami warning sirens. The sirens, on sites running from near WorldMark south to Little Whale Cove, will be installed this week and that they will be vigorously tested sometime next month. It was mentioned that the testing signal should not be a blaring siren but rather something more pleasant, like songs made by passing whales. That got a unanimous thumbs-up from the council. It was also mentioned that since the tsunami sirens were heavily lobbied for by Spouting Horn Restaurant owner Betty Taunton, Betty should be the guest of honor at a ceremony when the sirens are officially put into service. Again, siren testing occurs sometime next month.

It’s been nearly two years since the March 2011 Japanese Earthquake sent a tsunami east toward the U.S. and obliterated Dock 1 inside Depoe Bay Harbor. But the dock is finally being rebuilt.

The tsunami arrived on the morning of March 11th, 2011 at Depoe Bay, and at other harbors up and down the Oregon and California coasts. In Depoe Bay, fast inrushing waters hammered Dock 1 and smashed it to pieces. Although city staff knew the town could qualify for a federal emergency repair grant from FEMA, they didn’t think they could get the dock re-designed, all the permits lined up from various agencies and the money in hand to do it in time to begin construction the following fall.

And they were right. From March through the end of the year, city staff set about trying to meet all the requirements and win the grant. But they missed the “in water” work window that runs from late November to the middle of February (so they don’t disturb migrating fish) and so they were forced to look ahead to the winter of 2012-13 to get the work done.

And that’s what they did. They’ve been working on it since last November and figure they’ll get all the “in water” work done on time and then continue to work on the dock “above water” through early May. Not only will Depoe Bay Harbor have a new Dock 1, it’ll sport new finger piers, according to Owings.

City Clerk Recorder Pury Murray informed the council that the Oregon Department of Geology and Mineral Industries will soon be issuing the latest update on a tsunami inundation zone map for Depoe Bay. Murray says it will show a slight increase in the amount of land that can be expected to be covered by the rising waters of a tsunami, either from the Cascadia Subduction Zone just off the Oregon Coast or from distant earthquakes generated in Alaska, the Far East or South America. Murray updated the council on what are preferred gathering areas for those who flee to higher ground. They are the Little Whale Cove Recreation Center, the parking lot at Neighbors For Kids, the east end of Collins Street, uphill on Lane Street and uphill on Lillian Lane. Murray told the council that it was recommended that a previously listed gathering area be dropped – up School House to Indian Trail to Douglas. By a unanimous vote the council dropped it and formally approved the others.

And finally the city council managed to fill some vacancies on important city advisory committees. Tuesday night they appointed Jerome Grant to the Depoe Bay Harbor Commission, Position 5. Loren Goddard was also appointed to the Harbor Commission, Position 6.

For Depoe Bay Planning Commission, they appointed Bob Blessinger to Position 2.

For city Parks Commission Position 3, the council appointed Debby Meatz, Verla “Maggie” Thomas Position 4, Claydyn Bond Position 6, and Robert Hickerson Position 7.

Pogo Robison was appointed to Position 2 on the Salmon Enhancement Committee and Ron Gilliam and Dennius Bachman were both appointed to the Traffic Safety Committee, Positions 1 and 5, respectively.

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Adam Wechter photos

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Depoe Bay City Council (top)
Outgoing Mayor Carol Conners (below)

See story correction on AJ Mattila issue on his rented slip in the harbor. The earlier version contained inaccurate information. Our apologies to Mr. Mattila.

New Anti-Noise Ordinance

The Depoe Bay City Council, responding to a growing number of complaints about loud music around town after hours, has adopted a new noise ordinance that should help quiet things down for those trying to get to sleep or stay asleep. Portable music devices from boom boxes to musical instruments are not supposed to be heard more than 100 feet away from its location in commercial, industrial or public spaces. As for music coming from loudspeakers, amplifiers, public address systems and the like, they cannot pose a nuisance between the hours of 11pm and 9am weekdays and from 11pm and 10am on weekends and holidays in residential or “noise-sensitive” areas, or within public spaces if the sound is plainly audible across property lines of public spaces when unreasonably loud and raucous.

When it comes to commercial establishments like restaurants and bars, unreasonably loud and raucous noise emanating from inside, or from any outdoor area which is part of or under the control of the establishment, is prohibited between the hours of 11pm and 9am. If the the noise is plainly audible within any nearby residential dwelling on residential property,it will be deemed too loud, and those making the noise will have to turn it down.

Any loud partying at the Depoe Bay Community Hall may not continue past 10pm.

Violations can carry a $500 ticket.

Keeping the streets clear

A couple wanting to live in a fifth-wheel on a public right of way on Elsie Street while they build their home, has been told no, you can’t do that. They were told that public rights of way are for the public and not for private use. Neighbors had also complained that their privacy would have been violated by the applicants parking their fifth-wheel right outside their homes with no screening to block views. So the applicants now have the option of placing their fifth wheel on a parcel adjacent to their home construction site instead. They contend it wasn’t practical from a construction staging area perspective.

Who are the ‘real’ local news media?

City Councilors Tuesday night grappled with the question of “who are the real local news media?” They raised the issue because under state law only members of bona fide news media are allowed to sit in and listen to, but not report on, council deliberations over lawsuits against the city, the city buying property, some personnel issues, and some labor related discussions. Also, nothing said during Executive Sessions can be repeated PERIOD outside the Executive Session meetings. The council sought advice from the Oregon League of Cities and received a “template” from them that outlines an approach to the issue.

What the council adopted was an approach that acknowledges, without hesitation, that the Newport News-Times is an accepted news outlet, along with the Lincoln City News-Guard as well as the NewsLincolnCounty.com website. The template suggests that other news outlets may apply to be recognized and attend Depoe Bay Executive Sessions if they begin to frequently cover Depoe Bay City Council meetings, have multiple personnel with addresses and contact numbers, and have the ability to correct errors in stories, and especially correct any violations of the Executive Session statutes. Repeated violations would get them barred from attending any more sessions.

Newport News-Times reporter Rick Beasley implored the council to not adopt the template but rather follow the lead of the Newport City Council that evaluates each applicant to sit in on Executive Sessions on a case by case basis. Beasley claimed that a one-size- fits-all template is not the way to go and that no formal policy should be adopted until the city council conducts a thorough workshop on the issue. Beasley has, in the past, published the Depoe Bay Beacon tabloid newspaper. It’s name was not added to the above list of acknowledged local news media. The council adopted the League of Cities news media template.

Beasley currently covers Newport City Hall for the News-Times and News-Times reporter Larry Coonrod covers Depoe Bay.

City Councilors got off to a bumpy start with Mayor-elect A.J. Mattila who takes office next month. Councilors voted 7-1 to enforce city ordinances on Mattila’s harbor slip. Councilors said they understood that Mattilla has not been able to complete repairs on the large boat he’s working on but that it has been far too long that he’s had an undersized boat in his slip as a placekeeper. They said the slip requires a bigger boat by city ordinance and they voted to enforce the size standard.

Mattila says he has been paying the bigger boat rate all this time but feels that if he is given more time he will get his bigger boat ship-shape and back in the slip. The council decided that there had already been sufficient extensions and that the slip requires the legally prescribed sized boat.

Mayor Carol Conners passes the Mayor’s gavel

Mayor Carol Conners bid her city lcouncil a warm thank you and good bye Tuesday night. She lost her first bid for re-election to Jim Mattila, a local fisherman by a 90 vote spread. Conners said she enjoyed being mayor and appreciated the hard work and support of city staff, her fellow councilors and the people of Depoe Bay. She said she was most proud of settling a long running lawsuit against the city (the water tank issue) in a manner the town could live with. She said she was glad to have a hand in establishing new tsunami warning sirens, progress in parks and trails around town, revamping harbor ordinances, repairing the tsunami damaged docks, progress on urban renewal, and making sure Oregon’s pending Territorial Sea Plan properly considers Depoe Bay’s requests for not removing additional fishing areas off the town’s part of the Central Coast.

Conners said she loves Depoe Bay too much to simply fade away. She said she will remain quite visible around town working on projects to improve Depoe Bay’s economic vitality and quality of life.

Come January A.J Mittila will be mayor, with newcomers Robert Gambino, who was the only candidate for Position One, Zeke Olsen, the only candidate for Position 2, Brent Berry who defeated Ted Lewis for Position 6, and incumbent Skip Hoitink who hung on to be re-elected for Position 3. Councilors Pete Cameron, Position 2 and Booner Zimmerman, Position 1, decided not to run again. Councilors Dorina Goddard and Barbara Leff were not up for re-election. Their current terms on the council don’t end until the end of 2014.

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Depoe Bay City Council, Tuesday

Keeping the noise down at evening events at the Depoe Bay Community Center, at local watering holes and generally around town was front and center before the city council Tuesday evening.

But rather than write a new city ordinance that goes into great detail about what loudness level constitutes “noise,” the council decided to use a model noise ordinance offered by the Oregon League of Cities as a starting point. The council told staff to include specific provisions of the League of Cities ordinance that they believe most closely meets the needs of Depoe Bay. Once staff develops the draft ordinance they’ll bring it back to the city council for review. Once the ordinance is tentatively approved by the council, then city staff will send it to the city attorney for the final touches. After that the council will re-review it and likely formally approve it, making it part of city law. The whole process will likely take around six weeks to complete according to City Clerk Recorder Pury Murray.

The council also clarified what is allowed, restricted and banned in Depoe Bay Harbor. Everything from moorages, fuel availability and pumping, to how fishers dispose of what’s left over after fish are filleted. Since a significant portion of harbor improvements came from the Oregon State Marine Board, the sticky issue of how to properly dispose of fish carcasses came up. Not long ago, an unnamed charter boat captain took a big load of fish carcasses and dumped them in a harbor dumpster where they proceeded to sit and stink up the place. The marine board specifies that only recreational fishers are allowed to dispose of carcasses in those dumpsters – not charter boat captains or commercial fishers. However, it was pointed out that it would be a good idea to confirm those assumptions with the state marine board. And so they postponed further action until they found out what’s what with the regulations. The council also pondered whether to acquire a large fish carcass grinder to reduce the volume of fish waste. However, they were told that such machines are quite pricey.

The city council also decided to challenge ODOT’s decision to leave the speed limit through the downtown at 30 mph. The council wants it lowered to 25 due to summer congestion and many pedestrian “near misses” from speeding traffic. The council’s appeal will be taken to the ODOT appeals board in Salem sometime in October. The city has already convinced ODOT to consider narrowing the highway through the downtown to 3 lanes instead of the current four; one lane north, one lane south, and a center turn lane, all with an eye to slowing down traffic.

City Hall without flag

And Mayor Carol Connors expressed her frustration that Depoe Bay City Hall cannot join other communities around Oregon when Governor Kitzhaber orders government flags to be lowered to half-staff. It’s because Depoe Bay City Hall doesn’t have a flag pole. It was removed just before the recent repaving around city hall. Mayor Connors said “I don’t care if you have to take the flag from inside the council chambers and stick it temporarily outside. It really bothers me that we don’t have a flag.” City Clerk Recorder Pury Murray said that public works staff has been very busy with other projects and just hasn’t had the time. Murray said staff will, however, move the flag pole project higher up the priority list.

And city staff announced to the council that work is now beginning on the installation of five tsunami warning sirens, running from one end of Depoe Bay to the other. The installation is expected to be completed by mid-November, with their first test set for sometime in December. The sirens can also be used as a city-wide public address system during a tsunami event as well as for other emergencies.

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