MINUTES OF THE CITY OF HEPPNER CITY COUNCIL MEETING
HEPPNER CITY HALL, 111 N. MAIN STREET, HEPPNER, OREGON
7:00 PM, October 9, 2006
 
NOTE:  Where stated “Motion Carried” is considered unanimous, unless otherwise stated.
 
ATTENDEES:
 
City Manager, Dave DeMayo
Judy Buschke
Glenn Baker
George Koffler
Tom Wolff
Kay Robinson
Cindi Doherty
 
Brian Harmon, Public Works  
Ann Spicer, City Attorney
Rusty Estes, Heppner Fire Dept.
Sgt Randy Rayburn, MCSD
 
Members of the Public:
 
Les Paustian
 
ABSENT:  Mayor Tim Van Cleave.
 
1.  GENERAL BUSINESS
 
    A)  Call to Order.  The October 9, 2006 meeting of the Heppner City Council was called to order by Council Chairman Cindi Doherty at 7:00 PM.
 
    B)  Pledge of Allegiance.  Chairman Doherty led the attendees in the Pledge of Allegiance to the Flag.
 
    C.  Announcements – Agenda Additions/Deletions.  Chairman Doherty announced that Mayor Van Cleave is absent and Chairman Doherty will chair the meeting in his absence.  
 
2.  COMMUNICATIONS FROM THE PUBLIC.
 
    A)  Animal Permit Request Letters (Day/Arbogast).  
 
    Discussion:  This is a joint permit request by both the Days and the Arbogasts.  A portion of the Day’s property is shared with the Arbogasts and together the properties comprise approximately 4 acres of hillside for grazing.  The property is located in the vicinity of 360 Skyline Drive/Cowins Street.  Mr. Baker stated that the request did not specify the number of animals that would be located on the property.  Mr. Wolff recommended issuing the permit for up to 5 livestock; 2 large animals and 3 smaller animals total.  Mr. Baker agrees with this recommendation.  He also would have liked to ensure that the neighboring property owners were agreeable to this.  However, permits are always issued subject to no complaints from neighbors.  Mr. Baker also questioned whether there was adequate fencing and Mr. De Mayo questioned if the land could support the number of animals recommended.
 
Motion by Mr. Koffler to approve the joint request and allow up to 5 livestock, i.e., 2 large animals, and 3 smaller ones on the combined 4 acre parcel.  Seconded by Mr. Wolff.  Motion Carried.
 
    B)  Letter from Floyd White concerning the island of land at Gale and May Streets.  Although Mr. White’s letter states that the property is located at the intersection of Chase and May Streets, the actual location is Gale and May Streets.  This letter is furnished for Council’s information only, and expresses Mr. White’s concerns that there are ongoing disputes between the neighboring property owners.
 
3.  CONSENT AGENDA.
 
    A)  Minutes of City Council Meeting, September 11, 2006.
 
    B)  Resolution Approving Accounts Payable for Payment.
 
    C)  Monthly Financial Statement.
 
Discussion:  Mr. Koffler inquired about the bill from Ferguson Surveying.  According to Mr. De Mayo, this is for the Morgan Street project.  Mr. Wolff asked about the bill to Oxarc, Inc.  Mr. De Mayo stated that this is for chlorine and sulpher dioxide.  The bill to the Humane Society was for transporting an abandoned mother dog and her 10 pups.  
 
ACTION:  Motion by Mr. Wolff to approve the Consent Agenda, to include the September 11, 2006 minutes and Resolution No. 648-06, (a Resolution Approving Accounts Payable for Payment).  Seconded by Mr. Baker.  Motion Carried.
 
4.  REPORT FROM THE FIRE CHIEF.
 
Fire Chief Estes reported that they had a very busy fire season in September.  On September 4, a large lightning storm resulted in 28 fires.  He reported two motor vehicle accidents, one house full of smoke, mutual aid to Oregon Department of Forestry in Condon, two uncontrolled burn barrel fires, 2 false alarms, and securing the helipad twice.  They have also done burning for several people around town.  Mr. Baker commented that he has observed that when volunteer firemen have responded to alarms, he has noticed that they are traveling in their personal vehicles at high rates of speed which is very dangerous, and he asked Mr. Estes to counsel the firemen about this.  According to Chief Estes, there have been two firemen relieved from duty for this during the time he has been fire chief.  Firemen are counseled annually on this by the State Police.
 
5.  REPORT FROM COUNTY SHERIFF’S REPRESENTATIVE.
 
    A)  Hours and the Activity Report are included in the Council packet.  The increase in hours over the contract is due to callouts and extra patrols.
 
    B)  Code Enforcements.  Sgt Rayburn reported that he would like to keep the following actions open for an additional thirty days:
 
    515 Cowins
    440 Water Street
    535 S. Court
    595 S. Court
 
Mrs. Doherty reported that she has been contacted by the owner of the property at 515 Cowins Street (Carl Bauman).  Mr. Koffler voiced concerns about the old vehicles located on the property.  Some of them have been moved to the Old Pool Site.  Sgt Rayburn was not aware of this and will investigate the contract for towing vehicles and whether the property owner is responsible for the cost of towing.  He stated that in the past, the towing charges were assessed to the registered owner of the vehicle.  Mr. Koffler stated that he does not see that the condition of this particular property has improved.  
 
Mrs. Doherty mentioned that the property next to the Forest Service building is quite unsightly.
 
With regard to the property at 440 Water Street, Sgt Rayburn reported that work is being done.
 
6.  REPORT FROM THE PLANNING COMMISSION.  No report – no meeting held in September.
 
7.  REPORT FROM HEPPNER HOUSING AUTHORITY.
 
Mrs. Buschke reported that the Housing Authority members had met with Bruce Buchanan, Oregon Community Housing.  Mr. Buchanan has provided several different scenarios on funding.  Mr. Buchanan inspected the facility.  Mrs. Buschke had the impression that if the City applied for a grant, all residents would have to eligible for low income housing.  With a loan, Mr. Buchanan felt that with a loan it would take out the existing loan and add for capital improvements.  
 
Mr. De Mayo stated that Mr. Buchanan recommended using a consultant and she will be at the next Housing Authority meeting.  Mr. De Mayo stated that the main objective to obtaining a loan would be to build a reserve.  There are three choices to consider:  1)  Oregon Community Housing program; 2)  Have the City sign the property over to CAPECO; or 3)  Increase the rent.  The Housing Authority met last month and approved a rent increase, but this has not been published to the tenants.
 
Mr. Koffler asked why would the City “stir the pot” again prior to finding out what can be done with financing.  He asked if it wouldn’t be better to do this first rather than start on the path of increased rents, or is a future increase necessary regardless.  According to Mr. De Mayo, a rent increase could be postponed for 6 months.  Right now, Mr. Buchanan informed him that the next submission process for the grant/loan program would be in February 2007.  The consultant would have to develop the package for submission in February.  Then there would be a lag time for decision.  This would delay a rent increase by 6 months.
 
According to Mrs. Buschke, the first thing that will be asked is “How come now?” instead of doing the increases all along.  When the last increase was implemented, several tenants vacated their apartments which caused a loss of revenue.  Mrs. Buschke is in favor of letting the tenants know what their rent includes in the way of utilities, i.e., water electricity, sewer, and garbage.  Mr. Baker suggested a CPI increase in the rent to coincide with Social Security payment increases, etc.  Mr. Koffler asked if the rental amount is based on fair rental value; Mrs. Buschke was not sure.  Mr. Koffler also inquired as to what turning the building over to CAPECO would involve.  Mrs. Buschke was not sure other than the fact that CAPECO would handle the operation of the building.  
 
Mr. Koffler’s opinion is that the City needs to let the process work and see if the debt can be amortized without increasing the rent.  He feels that there could be some good information coming from Mr. Buchanan.  According to Mrs. Buschke, none of the Board members wanted to raise the rent, but it needs to be done.  Mr. Koffler also has concerns that this could turn into a low-moderate income facility which may disqualify some of the current residents.  
 
Mr. De Mayo has prepared a letter to the tenants on rent increases for Council approval.  He is concerned that the reserve fund is very low and if any major repairs are needed, funds are not available to cover them.  Mr. Wolff feels the structure should be refinanced to lower the debt payments so those dollars could be used to build up the reserve fund.  According to Mr. De Mayo, a grant package might go towards the mortgage.
 
Mr. De Mayo stated that Mr. Buchanan felt the facility was in good shape.  There are some repairs needed to the mortar on the building, cabinets are low quality, and some of the apartments need substantial work.
 
ACTION:  Motion by Mr. Koffler that the rents be increased by $20.00 per month effective January 1, 2007.  Seconded by Mr. Baker.
 
Discussion:  Mr. Koffler stated that the tenants should be told that the rent is being raised by $20.00 because operating expenses are increasing and that the City is making efforts to create a larger reserve and lower the debt so that additional increases, other than cost of living, in the future will not be necessary.
 
QUESTION:  Motion Carried.
 
8.  REPORT FROM THE PERSONNEL COMMITTEE.
 
Mr. Wolff reported that the Personnel Committee met on September 15, 2006.  Mrs. Robinson, Mayor Van Cleave, Mr. De Mayo and Mr. Wolff met to discuss the vacancy of Public Works Director, Mr. Nelson.  The minutes explained the actions of the committee.  The committee recommended the appointment of Brian Harmon as Public Works Director.  In the position, Mr. Harmon will be on a probationary appointment for one year and upon successful completion of the probationary period, he will be assigned to the position permanently.  The committee also approved a pay increase for Chad Doherty to bring his salary in line with the current Public Works wages and include an incentive to him to further his professional development.  Proposed pay scales are included in the packet.  
 
Mr. De Mayo stated that there is one error in the pay scale.  The base salary for the Public Works Director is $3171 per month which equates to $18.29 per hour.
 
ACTION:  Motion by Mr. Wolff that the Council accept the recommendation of the Personnel Committee on the appointment of Mr. Harmon and pay scales outlined, with correction.  Seconded by Mrs. Buschke.
 
QUESTION:  Motion Carried.  
 
9.  PUBLIC HEARINGS.  None.
 
10.  COUNCIL ACTION.
 
    A)  Animal Permit Approval/Disapproval.  See Item 2.A.
 
    B)  The following Property Cleanup Actions are extended for one month:
 
        440 Water Street
        515 Cowins
        535 S. Court
        595 S. Court
 
11.  MINUTES OF COMMISSION MEETINGS.  (Provided for Council Review).  No Comments.
 
12.  REPORT FROM THE PUBLIC WORKS DEPARTMENT.
 
    A.  Activity Report.  Mr. Harmon reported that he had been on vacation for part of the month.  He reported that Cycle Oregon went very well and was a learning experience.  The Site 5 biosolids expansion is very important because it will allow them to use the field for several years.  The additional property is located on the Jones property off of Highway 207 near Ruggs.  The biosolids are not applied next to the highway.  This benefits the ground as well as the City, and is a liquid material from the sewer plant which is used as fertilizer.  There is no charge to either party.  Mr. Koffler commented that the Council tour of the water system was very informative.  Mr. De Mayo, Mr. Harmon, and Mr. Ehrmantraut are working on putting a GPS schematic of the system on the computer for use by interested parties.  The Wicklund water problem has been taken care of.  Mr. Harmon explained that during the water project on Union Street last summer, part of the system was not installed properly on one of the residences and the owner was not being charged for some of his water usage.  Mr. Harmon expects that there will be more of this type of problem that will eventually be detected in the City.  
 
    B.  Additional Discussion.
 
  1. Mrs. Buschke asked about the water running on Fairview Way in front of the Gilman residence.  According to Mr. Harmon this is from a possible leak, but it has not been located yet.  Public Works is going to work on this tomorrow.
 
  1. Mr. Harmon stated that Public Works has a lot of project planned.
 
  1. As-Built Drawings from Moore Excavation.  Mrs. Spicer reported that the City Attorney is working on obtaining this, but she is not sure of the status at this time.
 
13.  REPORT FROM THE CITY MANAGER.
 
City Manager De Mayo reported on the following items included in his report.
 
2.  Maintenance Agreement for maintaining the Heppner High School loop.  Mr. De Mayo stated that the agreement is with the County for street maintenance on Spruce Lane and Morgan Street.  Council authorization is required in order for Mr. De Mayo to sign the agreement.  The City will do the road maintenance in the afternoon and the County in the mornings.  Mrs. Spicer identified two minor corrections (typograhical errors).
 
ACTION:  Motion by Mr. Wolff to ratify the agreement as corrected.  Seconded by Mr. Baker.  Motion Carried.
 
3.  Meeting with Greg Smith.  Mr. De Mayo reported that there will be a follow-up meeting on November 14, 2006, which will include representatives from ODOT, OECD, etc., to explore funding for the Spruce Lane and Morgan project.  Mr. Smith feels that he will be able to raise the funds for this which will include drainage work on Morgan, possibly repaving Morgan, and drainage on Spruce Lane.  The cost will be approximately $130,000.  The guard rails will be put in the first week of November.  Some of the signs are up and the City is awaiting arrival of the remainder.
 
4.  Personnel Committee.  A follow-up meeting was scheduled for October 25 at 8:15 AM at City Hall.
 
5.  ODEQ request to change NPDES permit for sewer plant.  This permit is quite significant and is in the process of being worked.
 
6.  Baltimore Street between Willow Creek and the Elementary School.  Mr. De Mayo reported that the sidewalk from Main Street to the school is deteriorating.  This property still belongs to the City according to Mr. De Mayo.  Mr. Wolff stated it was his recollection that this property had been vacated by the City some time ago..  He will research this before any further action is taken.
 
7.  Excess property.  The excess property is obsolete computer equipment that is stored in the Public Works building and does not have much value.  
 
8.  Jered Wicklund – bottles.  Mr. De Mayo reported that the museum has balked at the total number of bottles.  Mr. De Mayo will have to inventory the bottles and ship them to the State.  The museum is not interested in the bottles since there are about 750 of them being stored on Mr. Wicklund’s property.  
 
9.  Hill Street Project.  This is on hold indefinitely.  Mr. De Mayo stated that the only solution to the problem will be to install rock gabions.
 
10.  Wilkinson Well Site.  Mr. De Mayo, Mark Wunderlich, and Roger Ehrmantraut plan to visit the site and check the potability of the water before taking any further action.  
 
11.  School Crossing on Hinton Street/Linden Way.  This should be completed shortly.
 
12.  Letter from the Auditor.  This letter needs to be signed by the City Manager, Treasurer, and one member of the Council.  The letter is written by the auditor stating that the City has complied with all the requirements of the audit.  Mrs. Robinson agreed to sign for the Council.
 
13.  Needs and Issues.  Mr. De Mayo stated that on the Needs and Issues, the requests were cut off at $132,000.  The only item for the City that was approved was the radios for the Public Works department.  However, other Heppner projects, including the Heppner Little League and the Day Care requests were approved, as well as a request from the assisted living.
 
14.  Finance Summary.  Mr. De Mayo submitted a spread sheet to the Council for review.  Council members will review the document and provide a response.
 
    C.  New Business.  
 
  1. Declaration of Property as Excess/Surplus.
 
ACTION:  Motion by Mrs. Buschke to declare the property (obsolete computers & related equipment) excess.  Seconded by Mrs. Robinson.  Motion Carried.
 
14.  REPORT FROM THE CITY ATTORNEY.
 
With reference to the Moore Excavation/Ace Consultants, the as-built document have not been provided to the City as required by the contract.  Mrs. Spicer will research the issue further since City Attorney Kuhn has been working on this.  Mr. Koffler stated that he would like an opinion on how the City will be able to obtain the drawings.
 
15.  REPORT FROM MAYOR/CITY COUNCILORS.
 
  1. Goal Setting.  Mr. Koffler inquired about Goal Setting by the Council and the time frame and process that Mr. De Mayo recommended for this.  Last year the goals were prepared for the calendar year, priorities set, and incorporated into the new fiscal year budget.
 
  1. UGB.  Mr. Wolff asked for the status of the UGB issue.  According to Mr. De Mayo, Carla Mc Clane, Morrow County Planning, has received the material that was submitted to David Allen.  In answer to Mr. Wolff’s question about the payment by the City to David Allen for completing the project; payment has not been made since the study was not completed by Mr. Allen.  Mr. Wolff asked Mr. De Mayo if the project could be completed in the next month, and according to Mr. De Mayo, it cannot.  Mr. Koffler asked if a land use attorney could be hired to complete the action.  Mrs. Spicer will discuss this with attorney David Hadley.
 
Meeting adjourned at 8:30 PM.