MINUTES
OF THE
NOTE: Where stated “Motion Carried” is considered unanimous, unless otherwise stated.
ATTENDEES:
Mayor,
City Manager, Dave
DeMayo
Tom Wolff
Cindy Doherty
Anne Spicer, City
Attorney
Les Paustian, Mayor
Elect
ABSENT:
Kay Robinson
Sgt
Brian Harmon, Public
Works Director
MEMBERS OF THE
PUBLIC:
Dave Allstott
Craig Gutierrez
Jay Gibbs
1. CALL TO ORDER/AGENDA ADDITIONS OR DELETIONS
The
A. Pledge of Allegiance. Mayor Van Cleave led the Council members and other attendees in the Pledge of Allegiance.
B. Additions to, or deletions from, the agenda.
City Manager Mr. De Mayo identified the following additions to the agenda:
1.
A resolution Canvassing the Results of the
2. The Public Hearing on
2. CONSENT AGENDA.
A.
B. Accounts Payable (the “bills”): Resolution No. 653-06.
Motion by Mr. Wolff to approve the Consent Agenda pending questions. Seconded by Mrs. Doherty.
Mr. Wolff identified several
corrections to the
Question: Motion Carried.
3. PUBLIC COMMENTS AND COUNCIL
ACTION.
A. Proposed Concession Stand at Little League
Field (Allstott, Guiterrez, Gibbs)
Discussion: Mr. Guiterrez stated that he, Mr. Allstott,
and Mr. Gibbs are in attendance to discuss questions on the flood elevation
study and how it affects the proposed construction of a concession stand at the
Little League Field. They would like to
construct the concession stand at ground level; however, according to the
requirements of the floodway, the structure is supposed to be built one foot
above the base flood elevation. They
contacted Ferguson Engineering from
Mr. Allstott stated that he has discussed this with Mr. Guiterrez and then contacted the Boardman City Building Inspector to get his opinion on what options they could use. One of the options is to flood proof the building. The building is a block building and the inspector’s suggestion was to flood proof the building by sealing the door. Mr. Allstott explained that the buildings are not used full time and he wonders if the 1 foot option would apply. Mr. De Mayo stated that he would have to research the FEMA requirements. Mr. Allstott feels that this could be a matter of how they are looking at the building. According to Mr. Guiterrez the building inspector stated that the displacement was immeasurable.
Mr. Wolff asked if the engineer was aware of the big berm at the end of the softball field which would deflect the water. Mr. Allstott stated that inspector felt that flood proofing the building would meet the requirements. Mr. De Mayo stated that this is a technical issue and should be referred to the City Planning Commission. Mr. Van Cleave is in favor of the Planning Commission researching this.
Mr. Gibbs is in favor of the Planning Commission researching the issue. The building is located on property owned by Morrow County Grain Growers. They have provided a letter giving permission to use the property for a concession stand.
The season starts at the end of February, so there are time constraints to get the project completed. Mr. Guiterrez would like to make the building a low maintenance structure. The building will be block construction. Mr. Van Cleave asked for the Council’s feelings on this. According to Mrs. Spicer, the legal flood requirements need to be met. According to Mr. Allstott, there are a couple of alternatives: possibly looking at the building as storage so that they can get the project done. Mr. Wolff asked if the Planning Commission has the authority to override FEMA. According to Mrs. Spicer, FEMA cannot be over-ruled. The inspector looked at the FEMA handbook and according to him, weather proofing can be done. Mr. Gibbs is looking for direction from the Council to move ahead on the project. Council members are in agreement with having the City Manager proceed with researching the project and obtaining the necessary permits.
4. PUBLIC HEARINGS AND COUNCIL
ACTION.
A.
Mr. Baker stated that at the last Police Commission meeting, simplifying the procedure for property cleanups was discussed. This will be discussed later in the meeting.
5. REPORTS.
A. Chief, HFD. Chief Estes was unable to attend the meeting and provided Mr. De Mayo with the following actions for November:
1 Alarm at St. Patrick’s
1 MVA – non-injury
1 Structure Fire – oven
29 Chief Calls
B. MCSD. Sgt Rayburn reported via E-mail on a subject attempting to purchase a firearm in the state.
Mr. De Mayo stated that during the last Police Commission meeting, changing the ordinance on property cleanups was discussed. Mrs. Spicer stated that this can probably be done by having the officers issue citations. The ordinance will have to be amended. Mr. De Mayo could sign complaints as a citizen. Mrs. Spicer stated that the process could be simplified so the property owner is notified that there is a problem and it could be corrected before coming before the Council. Mrs. Doherty commented that several times she has mentioned a property that needed work, but nothing was done. Mr. Baker stated that the “good citizens” would clean up their properties, but there are other violators who do nothing. Mr. Van Cleave recommended that Mr. De Mayo check with MCSD and get the process working quickly. Mrs. Spicer will work on a modified ordinance in compliance with State laws and have it ready for the next Council meeting.
Mr. Baker discussed the fines and increasing them. Currently, the fine is relatively small since this is a Class B infraction. Mrs. Spicer will research this further. Mr. Paustian suggested a warning, and then progressively higher fines.
C. PW Director
The PW Director’s report is included in the packet.
1. Mr. De Mayo stated that the digester at the sewer plant has been temporarily repaired, but it may still have problems in the future. Repairing the digester is very expensive. Eventually, the issue will have to be dealt with. There have also been problems with the generator governor.
D. Planning Commission. Nothing to report. No meeting held in December.
E. Housing Authority.
Discussion: According to Mr. Van Cleave, the project was discussed at the last meeting and going ahead with the consultant. Mrs. Buschke stated that the tenants have been concerned about the possibility of the Center closing. A new tenant, Daisy Collins, will be moving into the center in January. According to Mr. Van Cleave, the article in the Heppner paper gave the tenants the impression that the center might close which was not the intent. Mr. Van Cleave and Mr. Paustian did some painting in the unit that Mrs. Collins will be occupying.
Kathy Turner, Mrs. Buschke, and several other individuals have started a fund for the residents to help them with expenses. There have been quite a few donations and there have been other items donated that will be auctioned off at the next Chamber meeting. There will be two vacancies in the center after Mrs. Collins takes occupancy.
. Unit 209 needs to be remodeled (new carpet installed, etc.).
Mrs. Buschke reported that the Christmas decorations at the center are very pretty this year. There will also be a holiday dinner at the center on Christmas Eve, which is donated by the Cox family.
F. City Manager.
Mr. De Mayo reported the following:
· The fence at the old pool site is almost complete. The site looks very nice.
· Heppner Garbage Franchise. Mr. De Mayo reported that Heppner Garbage is having a lot of problems. Payments to Waste Connections (Finley Butte) are in arrears and they have put Heppner Garbage on a cash only basis. Mr. Green made a payment in June, and the check was returned from the bank. Mr. Green is also in arrears in his franchise fees to the City. The current payment is two months past due. Mr. Green does not respond to phone calls. Mr. De Mayo stated that the only way to get any action out of Mr. Green is to hunt him down and talk to him personally.
Mr. Green has also paid one of his recent utility bills with a check that “bounced.” Mr. De Mayo has talked to Mr. Green’s father about this. Mr. De Mayo’s suggestion is that Mr. Green needs to be confronted with his performance. Mr. Baker wondered if there is any alternative for this service. According to Ms. Spicer, there are other services in Hermiston. Mr. Wolff stated that local people have shown an interest in the service in the past, but some of Heppner’s citizens did not want the business removed from Mr. Green. Mr. Wolff does not want to see Hermiston Sanitary in Heppner. He would like to keep the payroll in Heppner.
Mr. De Mayo stated that Mr. Green has never provided a schedule to the City.
According to Mrs. Spicer, the ordinance provides for a procedure to give notice to Mr.
Green to comply. Twenty days notice is required. The last franchise agreement with
Mr. Green was issued for four years. Mrs. Spicer needs to research the agreement.
Mr. Baker feels that Mr. Green’s performance should be documented and Mr. Green
should be notified that this is in effect. He also recommended going out for an
RFP for a new service if Mr. Green does not comply with the ordinance. Mrs. Spicer
also asked if Mr. Green has a Performance bond is in effect as required by the
ordinance. She also asked about his liability insurance since the City is supposed to be
named as insured.
Action: Motion by Mr. Baker to send Mr. Green a letter along with a copy of the ordinance
as soon as possible notifying Mr. Green of the City’s planned action. Seconded by Mrs. Doherty.
Motion Carried.
· Annual Evaluation for Mr. De Mayo.
Mr. De Mayo stated that his annual evaluation is due. This will need to be done in executive session. Previous discussions were held on revamping the evaluation form, but
so far this has not been accomplished. This will be worked on by the new Personnel
Committee. Incoming Mayor Paustian will appoint a new member. Mr. Van Cleave
suggested that Mr. De Mayo coordinate a date for the session. A lunch meeting on
with no City employees present.
A goal setting session for the next fiscal year was also suggested, although a date was
not set. The possibility of a March meeting as discussed.
·
Ownership of the bridge is in question. According to Mr.Wolff, the bridge is used by
several property owners. It is unknown whether the access is public or private. Mr.
DeMayo stated that the City has paid to repair the bridge in the past. Mr. Wolff asked if the street physically exists and suggested having the property surveyed. Council members viewed a map of the property. The property was discussed in detail.
The main reason that this has been brought up is because the bridge needs maintenance
and who is responsible for this is in question.
·
Court Street Project. Mr. De Mayo stated that he has a diagram of
the project. The elementary school
principal is not in favor of closing
· Mr. De Mayo reported that several citizens have complained about the condition of the City Streets. Currently, the shortage of employees in the Public Works department and the heavy work load puts a time constraint on getting all the maintenance done.
·
G. City Attorney. Mrs. Spicer had nothing to report.
6. OLD BUSINESS.
A. Consultant Agreement – Rex Development, Inc.
Discussion: Mrs. Spicer reported that Mr. Kuhn has questions on the agreement submitted by Rex Development. At this point, the contract provides that Ms. Rex will be paid $6,000 regardless of what happens. Mr. Kuhn also has other questions. Both Mrs. Spicer and Mr. Kuhn have questions on the comments on due diligence. Mr. De Mayo has discussed this with Ms. Rex. Due diligence refers to certain stipulations by the state that have to be met when the grant is given by the state. These would be requirements of a grant. Mrs. Spicer would like to know what these requirements would be and if they would cost additional monies apart from the consultant fees, or would they all be taken care of by the consultant fees.
The addendum answers some of the questions. Mrs. Spicer also has questions on the four percent, i.e., four percent of what? According to Mr. Wolff, Ms. Rex stated at the last Council meeting that the interest rate on the debt would be reduced by four percent. This paragraph is incomplete.
Mr. Baker stated that the agreement needs cleaned up. Many of the statements do not make sense. He feels competitive bidding should be exercised. He feels that he would like an informal solicitation or an RFP to see if there could be another consultant who would be available, since the $32,500 is a large amount of funds. He feels the February due date for the grant is an emergency and that a better-defined consultant agreement should be done.
Mr. Wolff stated that he was impressed with Ms. Rex’ presentation at the last Council meeting. He thought that the City was entering an agreement where the $6,000 +/- would be paid and that the $30,000 would be paid when she was successful in obtaining a grant. He would like to see the agreement document re-done. He does not care for clause #8 which deals with attorney’s fees. He feels each party should pay their own attorney’s fees.
Mr. Baker feels that even though Mr. De Mayo has the authority to execute the agreement, he would recommend against this. Mr. Wolff would like to be able to move forward, but the agreement needs to be redone. According to Mrs. Spicer, the agreement is not well written.
Mr. Van Cleave would like to proceed on the first grant application with Ms. Rex and if she is not successful, then make a decision on further action. Mrs. Spicer will draft a new agreement that meets the Council’s guidelines. Council agreed to give Mr. De Mayo the authority to go forward after the agreement is worked out by Mrs. Spicer. Mr. Baker stated that he is against this.
ACTION: Motion by Mr. Wolff to proceed with the
motion made by Mr. Koffler at the
QUESTION:
In Favor: Buschke, Wolff, Doherty
Opposed: Baker
Motion Carried.
Discussion: Mr. De Mayo will provide a draft of the new agreement to Council members for approval, and will obtain comments via phone.
Mr. De Mayo stated that the
City, by using a direct hire rather than a competitive process method, has
restricted payments in each fiscal year. Ms. Rex was recommended by Bruce Buchanan,
Oregon Housing and Community Services.
Mrs. Spicer commented that Ms. Rex has done a lot of successful work in
7. NEW BUSINESS.
A. Public Works Hiring.
B. Replacement for Ms. Devin (City Treasurer).
Discussion: Mr. De Mayo stated that the Personnel
Committee met on
A second motion was made by
Councilor Wolff, seconded by Councilor Robinson, and unanimously approved to
recommend to the
Mr. Wolff stated that Public Works Director Harmon needs another employee right away due to the schedules of the current employees. The Committee would like someone on board by February 1.
City Treasurer: Ms. Devin will be retiring on
In the past, the Personnel Committee has interviewed people. Mr. De Mayo would like the Council and Personnel Committee to interview the candidates and have them tested.
ACTION: Motion by Mr. Wolff that Council ratify the recommendations of the Personnel Committee. Seconded by Mrs. Buschke. Motion Carried.
C. Ratification of the Election Results.
ACTION: Motion by Mr. Van Cleave to approve
Resolution No. 654-06, A Resolution Canvassing the Results of the November 7,
2006 General Election for the Mayor and
8. MINUTES OF COMMISSION
MEETINGS.
No comments from Council.
Mayor Van Cleave thanked Councilor Wolff for serving on the Council for two and one-half terms.
The Council thanked Mr. Van Cleave for all his work during his tenure as Mayor.
Mr. De Mayo stated that if everything falls in place with Ms. Rex, he would like to prepare an RFP for an architect to inspect the Senior Center building. Mr. De Mayo will work with the City Attorney on the RFP.
Meeting adjourned at