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HomeMy Public PortalAbout2021.01.14 Regular Meeting Minutes MINUTES McCall City Council Regular Meeting McCall City Hall-- Legion Hall January 14, 2021 Call to Order and Roll Call Pledge of Allegiance Approve the Agenda Consent Agenda Chamber Department Reports Public Comment Public Hearing Business Agenda Adjournment CALL TO ORDER AND ROLL CALL Mayor Giles called the regular meeting of the McCall City Council to order at 5:00 p.m. Mayor Giles, Council Member Callan, Council Member Holmes, Council Member Maciaszek, and Council Member Nielsen all answered roll call. City staff members present were Anette Spickard, City Manager; Bill Nichols, City Attorney; BessieJo Wagner, City Clerk; Linda Stokes, City Treasurer; Michelle Groenevelt, Community Development Director; Morgan Bessaw, City Planner; Kurt Wolf, Parks and Recreation Director; Eric McCormick, Golf Course Superintendent; Meg Lojek, Library Director; Chris Curtin, Information Systems Manager; Justin Williams, Police Chief; Nathan Stewart, Public Works Director; Vlatko Jovanov,Network Administrator Also, in attendance was Diane Kushlan, Kushlan Associates Mayor Giles led the audience in the Pledge of Allegiance. APPROVE THE AGENDA Council Member Holmes moved to approve the agenda as submitted. Council Member Callan seconded the motion. In a voice vote all members voted aye, and the motion carried. CONSENT AGENDA Staff recommended approval of the following ACTION ITEMS. All matters which are listed within the consent section of the agenda have been distributed to each member of the McCall City MCCALL CITY COUNCIL Page 1 of 9 January 14, 2021 Regular Meeting Council for reading and study. Items listed are considered routine by the Council and were enacted with one motion. 1. City Council Regular Minutes—October 22, 2020 2. City Council Special Minutes—November 10, 2020 3. City Council Regular Minutes—November 19, 2020 4. City Council Special Minutes—December 11, 2020 5. City Council Special Minutes—December 18, 2020 6. Payroll Report for period ending December 25, 2020 7. Warrant Register—GL 8. Warrant Register—Vendor 9. Accept the Minutes of the following Committees: a. Airport Advisory Committee—October 1, 2020 b. Airport Advisory Committee—November 5, 2020 c. Golf Advisory Committee—October 14, 2020 d. Historic Preservation Commission—November 9, 2020 e. Library Board of Trustees—October 15, 2020 f. Library Board of Trustees Special—October 30, 2020 g. Library Expansion Committee—June 16, 2020 h. Planning&Zoning Commission—November 3, 2020 i. Planning&Zoning Commission—November 9, 2020 j. Tree Advisory Committee—October 14, 2020 10. AB 21-008 City Licenses Report to Council Per McCall City Code: Per McCall City Code Title 4 Chapter 9, the City Council has determined the City Clerk shall be delegated the authority to process and grant or deny all alcoholic beverage license applications, other than certain circumstances involving catering permits, which the city clerk shall review the application for catering permit for completeness and forward said application to the Police Chief. The Police Chief upon receipt of the application shall make a recommendation to the City Clerk to approve or deny the application. Whenever the City Clerk shall determine that an application for alcoholic beverage license transfer or renewal is complete, the City Clerk shall approve or deny such application. All decisions of the City Clerk shall be reported to the City Council at the next regularly scheduled City Council meeting after such decision. The City Clerk is also responsible for all processing of business, taxi, snow removal, pawnbroker, child daycare licenses, vendor permits, and public event applications. Activity reflects closed businesses received during the renewal period.Action: Council review the License report. 11. AB 21-009 Approval and Signature of Financial Reports for Airport Improvement Program (AIP) Proiect 27 (Taxiway Relocation): On May 21, 2000 - Council approved accepting funding for the Taxiway Relocation Project (AIP 27). Construction was completed in October 2020.As part of receiving AIP funding,year-end reports are required by the Federal Aviation Administration(FAA).Two of these documents are SF271 Outlay Report and request for Reimbursement for Construction Projects and SF425 Federal Financial Report. The FAA has requested these documents be signed by the Mayor. Action: Approve Financial Reports SF271 and SF425 for Airport Improvement Program Project 27 and authorize the Mayor to sign all necessary documents. 12. AB 21-010 Approval and Signature of Financial Reports for Airport Improvement Program (AIP) Proiect 29 (CARES Act): In the spring of 2020 — Congress approved, and the Federal Aviation Administration (FAA) offered, $30,000 in CARES Act relief funding MCCALL CITY COUNCIL Page 2 of 9 January 14, 2021 Regular Meeting through the AIP program. Council approved accepting this funding offer. Currently,the funds have not been expended,as Staff is conserving the funds during the ongoing COVID epidemic. As part of receiving AIP funding, year-end reports are required by the FAA. Two of these documents are SF271 Outlay Report and request for Reimbursement for Construction Projects and SF425 Federal Financial Report. The FAA has requested these documents be signed by the Mayor. Action: Approve Financial Reports SF271 and SF425 for Airport Improvement Program Project 029 and authorize the Mayor to sign all necessary documents. Council Member Nielsen moved to approve the Consent Agenda as submitted. Council Member Maciaszek seconded the motion.In a roll call vote Council Member Nielsen,Council Member Maciaszek,Mayor Giles,Council Member Callan,and Council Member Holmes all voted aye, and the motion carried. DEPARTMENT REPORTS Chamber of Commerce Written Report only—no representative was able to attend. The Council did not have any questions for the City Manager or the Department Heads regarding their monthly reports. PUBLIC COMMENT Mayor Giles called for public comment at 5:36 p.m. David Simmonds,Big Payette Lake Water Quality Council,Inc.,PO Box 3108,McCall ID, 83638 wrote: Regarding AB 21-012, Request for Decision on Whether to Reopen the Public Hearing for VAR-20-01. The Big Payette Lake Water Quality Council requests that the City Council re-open the public hearing, and direct staff to draft Findings of Facts and Conclusions of Law documents in this matter. Thank you. Hearing no further comments, Mayor Giles closed the comment period at 5:37 p.m. PUBLIC HEARING AB 21-011 Request to Approve CA-20-03 Zoning Code Amendments to Title 3 and Title 9 related to General Development Standards Mayor Giles continued the public hearing at 5:37p.m. Community & Economic Development Director Michelle Groenevelt presented the CA-20-03 Zoning Code Amendments to Title 3 and Title 9 related to General Development Standards. During their regularly schedule November 3,2020 meeting,the McCall Area Planning and Zoning Commission held a properly noticed public hearing and unanimously recommended these amendments to the McCall City Council for approval. On December 17, 2020, the McCall City MCCALL CITY COUNCIL Page 3 of 9 January 14, 2021 Regular Meeting Council held a properly noticed public hearing on the application as well. After discussion regarding the prohibition of service stations along designated scenic routes, the Council approved a motion to reopen the public hearing and to continue the meeting and hearing until the January 14, 2021 meeting to allow all Council members to participate in the discussion. Two new maps have been provided showing where service stations are currently located and showing where the amendment would prohibit them. Staff recommended removing the language regarding prohibition of service stations and remanding that portion of the proposed amendments back to the Planning and Zoning Commission for review. The Ordinance in the packet has had the section regarding prohibition of gas stations in scenic routes removed. Council Member Maciaszek felt the issues have been well vetted by staff and is ready to move forward with the recommended action.No other comments were given by Council. Mayor Giles called for public comments at 5.42 p.m. City Planner Morgan Bessaw read a written comment she received from: - Bob Youde wrote: Just a personal comment on your initiatives and support for intelligent growth planning for McCall — you are right on the 10,000-sf house ban. You are right on stopping stupid developer-driven irresponsible proposals to get commercial/industrial zoning and use exceptions in the impact area despite the comprehensive plan very clear policies on maintaining residential zoning and uses, and protecting the basic tenets of scenic corridors approaches to the city. You are right on worker housing needs and programs. You are right on being open to banning gas stations and truck stops in town and in the impact area. You are right on the swap of 3rd Street for the bypass. You are right on arts acquisitions/installations/improvements in the city and infrastructure planning. You are right on creating expanded/more urban development planning districts along 3rd street. Great work. Hang in there. - Live comment received by David Simmonds who summarized his written comment (see Attachment 1) and felt the preservation of the lakeshore is important. He believes these code amendments are a step in the right direction. No more public comments were received, and the Council gave no further comments. Mayor Giles closed the public hearing at 5:54 p.m. Council Member Nielsen moved to remand back to Planning and Zoning Commission for review of the language regarding the prohibition of service stations in the scenic routes. Council Member Callan seconded the motion. In a roll call vote Council Member Nielsen, Council Member Callan, Mayor Giles, Council Member Holmes, and Council Member Maciaszek all voted aye, and the motion carried. MCCALL CITY COUNCIL Page 4 of 9 January 14, 2021 Regular Meeting Council Member Callan moved to suspend the rules and read by title only, one-time only Ordinance 998. Council Member Maciaszek seconded the motion. In a roll call vote Council Member Callan, Council Member Maciaszek, Mayor Giles, Council Member Holmes, and Council Member Nielsen all voted aye, and the motion carried. City Clerk BessieJo Wagner read Ordinance 998: An Ordinance of the City of McCall, Valley County, Idaho, amending Title 3 Chapter 2 Definitions, to provide definitions for amended and new terms; amending Title 3 Chapter 3 Residential Zones and Standards, clarifying general development standards, providing for residential zone design review standards; amending Title 3 Chapter 4 Commercial Zones and Standards, setting purpose, applicability for commercial zone design review standards; amending Title 3 Chapter 7 Special Districts,providing provisions for design review to include assessments, clarifying setbacks, simplifying and updating scenic route zone provisions; amending Title 3 Chapter 16 Design Review, simplifying language for purpose and applicability, clarifying procedures, requirements and design approval, setting regulations for visual and water quality to enhance scenic quality; amending Title 3 Chapter 8 General Development Standards, clarifying purposes from the comprehensive plan, revising tree removal to maintain and preserve McCall's urban forest, providing purpose for fire hazard mitigation standards, clarifying the applicability, establishing considerations for fire hazard assessments and requirements within areas of fire hazard,providing purpose and standards to parking and internal circulation development,revising landscaping and screening provisions, adding new parking access and driveway surface standards and purpose, providing clarity and purpose for loading areas and fencing and walls, providing standards for fencing and walls, adding new landscape standards including standards for water efficiency practices and limitations, requirements to snow storage locations, establishing purpose and standards to site design to minimize modification of natural drainage systems and land, providing standards to ridgetop development to protect skylines and views, establishing undergrounding utilities, establishing purpose and standards for design location and screening of service areas including fencing, landscaping, enclosures, snow accumulation and providing standards for noise mitigation; amending Title 3 Chapter 5 to remove surfacing in regard to industrial development standards; amending Title 3 Chapter 15 Procedures, Appeals and Action to clarify appeal requirements; amending Title 9 Chapter 6 Subdivision and Development Improvement Requirements, providing exceptions to driveway designs, to provide safety and traffic provisions; directing the City Clerk, and providing an effective date. Council Member Maciaszek moved to adopt Ordinance 998, Updating McCall City Code Titles 3 and 9 codifying the McCall Design Guidelines, approve the publication of the summary,and authorize the Mayor to sign all necessary documents.Council Member Callan seconded the motion.In a roll call vote Council Member Maciaszek,Council Member Callan, Mayor Giles, Council Member Holmes, and Council Member Nielsen all voted aye, and the motion carried. MCCALL CITY COUNCIL Page S of 9 January 14, 2021 Regular Meeting BUSINESS AGENDA AB 21-012 Request for Decision on Whether to Reopen the Public Hearing for VAR-20-01, Variance Application for 221 Morgan Drive and/or Direct Staff to Draft Findings of Facts and Conclusions of Law Documents City Attorney Bill Nichols presented the request to reopen the Public Hearing for VAR-20-01, Variance Application for 221 Morgan Drive. During their December 3, 2020 meeting,the McCall City Council held a properly noticed public hearing on VAR-20-01. The hearing was closed, and the application was continued to the January 14th meeting to allow more time for Council deliberations. Following the meeting, the applicant's representative asked that the Council consider reopening the public hearing to address select new information that was introduced after the hearing was closed. If the Council decides to reopen the hearing, the public hearing will be re- noticed, and the application would be heard during one of their February meetings. During their regularly scheduled November 3, 2020 meeting, the McCall Area Planning and Zoning Commission voted 5—2,to approve the findings recommending City Council approve the variance application. The full application is for a Record of Survey application to remove the 20-foot setback from the 100 year floodplain on the subject parcel, within the River's Crossing plat, as well as a Variance and Shoreline Review application to waive the 50 foot setback requirement from the ordinary high- water mark and special flood hazard area of the North Fork of the Payette River, to permit the construction of a new 4,080 sq. ft. residence with an additional 3,631 sq. ft. of patios and a 2,941 sq. ft. detached shop with a 747 sq. ft. attached accessory dwelling unit with 564 sq. ft. of patios, for a total building and patio footprint on the site of 11,494 sq. ft. The development is located primarily within the special flood hazard area and of the Payette River and located entirely within the Shoreline and River Environs Zone. City Attorney Nichols shared that the three items to be addressed by the applicant's representative, Steve Millemann, if the Council were to reopen public hearing, would be limited buildable area, granting a variance would set precedence, and denial is necessary to protect the river. He recommended the public hearing be reopened and re-noticed only for those three items. The Council has two options available: reopen the public hearing as recommended or direct staff to draft findings of facts and conclusions of law documents either approving or denying the variance for review and approval at the next meeting. All Council members were all in favor of the recommendation to reopen the public hearing. Council Member Nielsen moved to reopen the public hearing for VAR-20-01, Variance Application for 221 Morgan Drive on February 11, 2021 at 5:30 p.m. or as soon thereafter as could be heard, and limited to the three items described by the City Attorney: limited buildable area, granting a variance would set precedence, and denial is necessary to protect the river. Council Member Holmes seconded the motion. In a roll can vote Council Member Nielsen, Council Member Holmes, Mayor Giles, Council Member Callan, and Council Member Maciaszek all voted aye, and the motion carried. MCCALL CITY COUNCIL Page 6 of 9 January 14, 2021 Regular Meeting AB 21-013 Request for Approval of a Remote Access Policy Agreement between City of McCall Police Department and Valley County for remote access Information Systems Manager Chris Curtin presented the Remote Access Policy Agreement between City of McCall Police Department and Valley County. The Valley County provides dispatch and reporting services via contract to the McCall Police Department.This service requires officers to access resources located within the Valley County network remotely via Remote Desktop Connections(RDC).Valley County requires this agreement for access. These terms have been reviewed by the City Attorney. Council Member Holmes moved to approve the Remote Access Policy Agreement between The City of McCall and Valley County for remote access and authorize the Mayor to sign all documents.Council Member Callan seconded the motion.In a roll call vote Council Member Holmes, Council Member Callan, Mayor Giles, Council Member Maciaszek, and Council Member Nielsen all voted aye, and the motion carried. AB 21-014 COVID-19 Relief for Utility Customers—Discussion and Direction to Staff City Treasurer Linda Stokes presented the COVID-19 Relief for Utility Customers discussion. On October 8, 2020 the Council extended COVID-19 relief for utility customers for an additional 90- day period which expires January 9, 2021. • Suspend billing and/or waive late penalty and delinquent account service charges • Suspend shutting off delinquent accounts for non-payment • Encourage Utility rate payers to pay what they can — will help keep accrued balance manageable • Enter into payment arrangements to customers that request and/or need assistance Staff is contacting several customers on the shut-off list to make possible arrangements. The following table demonstrates the impact to the Water Fund of COVID-19 relief as of December 31, 2020: Late Penalty Shutoff Payment Month Service Charges Charges Lists Arrangement Accounts Amount Accounts Amount Accounts Amount Apr—Jun 154 $ 117.35 404 $1,932.41 135 0 Jul—Sep 206 $ 156.73 413 $2,052.43 201 0 FY20 Total $ 274.08 $3,985.14 0 Oct 46 $ 43.48 133 $ 900.14 41 0 Nov 50 $ 39.15 141 $ 930.10 52 0 Dec 68 $ 65.92 173 $ 690.47 62 0 FY21 YTD Total $ 148.55 $2,936.86 City Treasurer Stokes is seeking direction of whether to extend the COVID-19 Relief for Utility Customers. Council Member Nielsen would like to extend the relief but has concerns of those not MCCALL CITY COUNCIL Page 7 of 9 January 14, 2021 Regular Meeting entering into payment agreements. He would like to see some action on the delinquent accounts. Council Member Maciaszek agrees. Council Member Callan would like to extend to only those that are willing to make payment agreements. Council Member Holmes agrees with Council Member Callan to an extent. She feels there first needs to be clear communication to delinquent customers that some form of an arrangement must be made. Council Member Nielsen asked if staff could identify what resources are available for assistance and include in the message when reaching out to those delinquent accounts. Council Member Callan suggested a 30-day extension with the disclaimer a payment plan must be entered into to continue receiving relief. Mayor Giles likes the personal touch and felt maybe 60 days is more reasonable. Mayor Giles asked if the Council preferred 30-, 60-, or 90-days. The majority response was 90- days. Council Member Maciaszek moved to extend the COVID-19 relief for utility rate payors for an additional 90-day period with staff contacting the delinquent accounts for written payment arrangements. Council Member Nielsen seconded the motion. In a roll call vote Council Member Maciaszek, Council Member Nielsen,Mayor Giles, Council Member Callan, and Council Member Holmes all voted aye, and the motion carried. AB 21-015 City of McCall Procurement Policy Update—Discussion and Direction City Treasurer Linda Stokes presented the City of McCall Procurement Policy Update discussion. The current purchasing policy for the City of McCall was last adopted by the Council in April of 1995. The purpose of a procurement policy is to lay out the legal requirements and city process for departments to obtain goods and services at the lowest price,to provide control over expenditures, to have control over the quality of the products purchased, to assist in budgetary control and cash management. Since 1995, state and federal procurement laws have changed and become more complex.The City is managing a larger volume of projects and purchases with higher dollar values than the 1995 policy addresses. Many projects are financed with state and federal grant funds that require documented compliance with current laws. Staff do follow these laws and our external audits have shown no discrepancies, however it is strongly recommended by the Association of Idaho Cities and our external auditor EideBailley that the City update and adopt a comprehensive Procurement Policy to make clear the relevant laws, approval procedures and signature authorities that apply to our purchasing decisions. Tonight's first look at the proposed Procurement Policy is intended to overview the recommendations and hear any questions from Council. The proposed policy is based upon a similar comprehensive policy used by the City of Lewiston, also a Council-Manager form of government. The Association of Idaho Cities and the City Attorney have reviewed the proposed policy. The Association of Idaho Cities and ICRMP recommend cities consider delegating signature authority to the City Manager/City Administrator for certain purchases and contracts to ensure timely management of day to day operations and efficient use of the City Council's time. The proposed policy includes a recommended hierarchy of signature authority amounts for Council's consideration. The Council felt the document was well done and did not have any questions at this time. Mayor Giles directed staff to move forward in preparing a resolution for adoption of the City of McCall MCCALL CITY COUNCIL Page 8 of 9 January 14, 2021 Regular Meeting Procurement Policy at a future meeting including delegation of signature authority for certain purchases and contracts to the City Manager. City Treasurer Stokes explained some last-minute edits and City Manager Anette Spickard gave a brief explanation of the delegation of signature authority process. COVID-19 Update Police Chief Justin Williams gave the COVID-19 update. He shared that the number of cases is up in Valley County and the City of Council is having a big upsurge in cases. He explained which groups of people would be considered an essential service slated for the vaccine.McCall is moving rapidly through the process due to the lower population which is a positive thing. Some communities are not through the first group of people. City Manager Anette Spickard shared that between March and November had tallied up over 200 cases but by the end of December the number of cases jumped to over 500. She reiterated how important it is to practice the safety measures: Valley County has begun breaking out the number of cases by city. The last time she checked,McCall residents account for about 350 of the 500 cases. Central District Health advisory will stay in place until a 2-week decline in cases and 2-week case rate of 30 per 100,000 measurement. Valley County is currently at 60 per 100,000. She encouraged everyone to be diligent to protect themselves and others to reduce spread. Upcoming Meetings Schedule Discussion Council discussed upcoming meetings. Council Member Nielsen stated he would still like to have a discussion to look at the Public Works and Parks & Recreation moving to River Front Park as he believes it would be a missed opportunity. Mayor Giles stated his understanding is that the majority of the Council has shared at previous meetings they are not interested in discussing that topic any further. ADJOURNMENT Without further business, Mayor Giles adjourned the meeting at 6:58 p.m. ``���aglnN�yi 00 ���� //77 ATTEST: = �� Robert S. Giles, Mayor t-A 13essieJo Wa er, d ity Cl k Urifoo MCCALL CITY COUNCIL Page 9 of 9 January 14, 2021 Regular Meeting ATTACHMENT 1 Public Comments regarding public hearing on CA-20-03 Zoning Code Amendments to Title 3 and Title 9 related to General Development Standards- January 14, 2021 Council Meeting Big Payette Lake Water Quality Council, Inc. P.O. Box 31OS McCall, ID 83638 January 14, 2021 City of McCall City Council Members, P&Z Members and City Planning Staff 216E Park St McCall, ID 83638 Public Hearing Testimony,AB 21-011, CA-20-03 Zoning Code Amendments Council Members and Staff, The Big Payette Water Quality Council is pleased to support the proposed amendments to Title 3 with regard to shoreline environs,vegetation and stormwater.The creation of the Shoreline and River Environs Zone is understood to have originated from the City's participation in the first Water Quality Council's lake management planning process (as created by IC 39-66) during the 1990's. As a participant along with City staff in that process, I witnessed that the City was-understandably - eager to take an active role in protecting the lake. The 1997 Big Payette Lake Management Plan and Implementation Program relies upon local and State regulation and best management practices to manage and limit the eutrophication potential(degradation)of Payette Lake.Therefore, a strong City zoning code continues to be key to a strong plan. The proposed amendments are generally a good move in that direction. The sustainability of Payette Lake should be an easy goal for all of us to rally around. Increasing pressures of development and growth, and our growing knowledge of what works to protect water quality, are proper drivers of adaptation and improvement of local regulations such as these. Specific Comments 1. Proposed changes to section 3.7.02.(C)3c provide for a more meaningful and effective implementation of a 50 foot setback to protect water quality and the integrity of natural shorelines, which have the inherent resilience that thousands of years of climate and geologic adaptation have conferred. Hardscaping, including patios and walls, within 50 feet of the lake present a risk to proximate shorelines from accelerated runoff, and involves removal of existing vegetation, so such prohibition seems warranted. Property rights do have limits when impacts may extend beyond private property, particularly where an overarching public good is at stake. This is a reasonable change,but we request that the City and County continue to evaluate whether an even larger setback, as is the case with other Idaho lakes such as Priest Lake, may be warranted in future planning reviews. 2.The addition of provisions in 3.8.03.(A)2, (B) and(D)with regard to retention of tree cover is a positive change with regard to mitigating thermal pollution of runoff into the lake, thus helping to maintain a healthy cold water biota, one of the specific beneficial uses of the waters of Payette Lake. Tree canopies can also lessen surface erosion from precipitation, and diversify snow melt patterns, both of benefit to decreasing the generation of upland pollutants. State and federal BMPs for forest practices have long recognized the importance of shading in stream buffer zones for similar reasons, and Payette Lake is showing some stress that may be related to increased temperatures over a longer period of the year. 3.The provisions of 3.8.13.(C) for preservation and use of natural vegetation and native species would appear to benefit water quality generally, and particularly in lakeshore and near-lakeshore development, where stormwater impacts may have the greatest effect on the public good. General Comments While adoption of improved code is necessary to protect water quality, it must be coupled with stringent implementation and enforcement throughout the planning, permitting, and building processes. We ask that the City be firm in resisting variances, and enforcing the code. This is a good opportunity to note that agencies, residents and other observers have, in the last several years,been seeing disturbing and as-yet unexplained new signs of impacts to the lake, including novel and unpleasant algae blooms along with surprising evidence of cyanobacteria in remote imaging data. Protection of the watershed, and in particular the nearshore zone lands, may need to gain a new urgency through State, regional and local study and planning efforts. The City's timing is good. The overarching spectre of massive changes and potential development of State endowment lands puts extra emphasis on having appropriately strong development standards in our watershed. We hope to be a constructive partner with the City in assuring a sustainable Payette Lake. Thank you for your consideration. Sincerely, Board of Directors: David Simmonds, President Tom Tidwell,Vice President Laura Shealy,Treasurer Deb Fereday, Secretary David Simmon resident Rich Holm, Government Liaison Big Payette Water Quality Council Paul Street Web: www.bigpayettelake.org Gary Lyons Email: info_bigpavettelake.org Susan Bechdel Scott Harris