MINUTES OF THE CITY OF HEPPNER CITY COUNCIL MEETING

HEPPNER CITY HALL, 111 N. MAIN STREET, HEPPNER, OREGON

7:00 PM, January 8, 2007

NOTE: Where stated “Motion Carried” is considered unanimous, unless otherwise stated.

ATTENDEES:

Mayor, Les Paustian

City Manager, Dave DeMayo

Judy Buschke

Glenn Baker

Jo Anne Burleson

Cindi Doherty

Kay Robinson

Bill Kuhn, City Attorney

Brian Harmon, Public Works Director

David Sykes, Heppner Gazette

Sgt Randy Rayburn, MCSD

Rusty Estes, HFD

MEMBERS OF THE PUBLIC:

Lorrie Fox

Bob Jepsen

Betty Carlson

Louis Carlson

Tammy Malgesini, East Oregonian

Luvilla Sonstegard

Gene Sonstegard

1. GENERAL BUSINESS

A) Call to Order: The January 8, 2007 meeting of the City of Heppner City Council was called to order at 7:03 PM by Council President, Cindi Doherty.

B) Pledge of Allegiance: Council President Doherty led the Council members and attendees in the Pledge of Allegiance.

C) Installation of the new Mayor (Swearing-in)

City Attorney Kuhn administered the Oath of Office to Mayor Elect Leslie Paustian.

D) Installation of the new City Councilors and Seating of the new City Council.

City Attorney Kuhn administered the Oath of Office to the following Council members:

Judy Buschke

Jo Anne Burleson

George Koffler

E) Election of President of the Council.

Mrs. Buschke nominated Mrs. Doherty to serve as President of the Council for the coming year. Seconded by Mrs. Robinson. Motion Carried.

F. Announcements – Agenda additions and deletions. None.

G. Correspondence. None.

2. COMMUNICATIONS FROM THE PUBLIC.

A) Lorrie Fox announced that she is in attendance to discuss a garbage problem in her neighborhood. The property is located at 375 Aiken Street The property is owned by Sam Martin of Lexington, and is rented to Mr. and Mrs. Denarski. Mrs. Fox stated that she lives at 355 Aiken Street. She stated that there is a large accumulation of garbage on the property at 375 Aiken Street, as well as animal neglect. There is also a broken-down pickup on the property that is loaded with garbage. The garbage is causing a problem in the neighborhood since the wind has blown it all over the neighborhood and animals have been digging in the garbage. She has reported this to the Sheriff’s Department. The tenants have moved the garbage into the upstairs of the house, along with the dog. Additionally, the tenants are absent from the property during the week. The City water has also been turned off. Mrs. Doherty reported that she has seen the property and it is in very bad condition.

Sgt Rayburn distributed photos of the property or the Council to view. He reported that the Denarskis had been evicted from another property in Heppner, and have moved the garbage from that property to the Aiken Street location. Mrs. Fox stated that she is concerned about retaliation. Mr. Koffler asked if the pickup is licensed and according to Sgt Rayburn the pickup is licensed but does not run. The neighbors have been feeding the dogs periodically. Sgt Rayburn has discussed the condition of the property with the owners. There is also an open case on animal abuse against the tenants from their previous residence.

City Attorney Kuhn discussed the requirements of the present ordinance. Mr. Kuhn stated that the owners could be cited immediately without going through the code enforcement process as outlined in the current ordinance. However, after the meeting, Mr. Kuhn researched the ordinance further and the current process will have to be followed until the ordinance is revised.

Action: Motion by Mr. Koffler that the Council begin immediate action on this property to get it cleaned up. Seconded by Mrs. Robinson.

Discussion. Mr. Kuhn stated that he is currently working on a revision of the ordinance which will simplify the process. Currently this is a Class B infraction which is $99.00. Mr. Baker would like to see the fines increased in the revised ordinance. In the past, there have been several instances where the City has collected on liens on properties such as this, but in most cases, the fines are never paid. In most cases, the properties are mortgaged and the City liens take last place. Mr. Baker feels the Council should do the most they can and as quickly as possible. Mr. Kuhn will have the revised ordinance ready at the next Council meeting.

Mr. Koffler recommends working with the property owner. Mr. Paustian commented that this could be a health issue as well as an animal abuse issue.

Question: Motion Carried.

3. CONSENT AGENDA

A. Minutes of City Council Meeting, December 11, 2006.

B. Resolution No. 655-07, A Resolution Approving Accounts Payable for Payment

Action: Motion by Mr. Koffler to approve the Consent Agenda. Seconded by Mrs. Doherty. Motion Carried.

4. REPORT FROM THE FIRE CHIEF

Chief Estes reported the following actions for 2006:

74 Emergency Page-outs

12 Car Wrecks

18 Wild land fires outside the City limits

7 Structure fires outside the City limits

5 Times secured the helipad

3 False Alarms

5 Structure fires inside the City limits

3 Wild land fires inside the City limits

2 Search and Rescues

2 Water rescues at the reservoir

3 Elevator rescues

1 Ambulance assist

1 Car fire

Received mutual aid from Lexington, Hermiston, Boardman, and Ione – 3 times

Gave mutual aid: 1 time to Condon, 1 time to Lexington, 3 times to Arlington, 3 times to Oregon Department of Forestry, 5 times to Ione

Chief Estes went on 423 calls for the year

Mayor Paustian complemented the fire department on the job that they do and their benefit to the City of Heppner. Council members agreed.

Mr. Koffler asked Chief Estes about his plans for expansion of the fire department. According to Chief Estes, this is a work in progress. They have not located a grant that would meet their requirements..

5. REPORT FROM COUNTY SHERIFF’S DEPARTMENT

A. Activity Report. This is included in the packet. The department had 380.25 hours, 60.25 hours over the contract. There was no Police Commission meeting in December.

C. Additional Discussion.

Mrs. Buschke commented that she has been asked by citizens about the lack of visibility of the Deputies in the City during working hours. Mr. Baker agreed with this. Sgt Rayburn reported that there is only one deputy on duty in Heppner. According to Mrs. Burleson, she has observed the deputy making two trips daily in the Hager Park area. Mr. Paustian asked about a schedule for the deputies. According to Sgt Rayburn, there is a schedule and other deputies are available if needed. Sgt Rayburn will discuss this issue with the deputies. Mr. Baker stated that he would like to see two deputies on duty if funds were available.

7. REPORT FROM HEPPNER HOUSING AUTHORITY.

Mrs. Buschke reported the following:

The elevator is now operational, but was not working for two weekends and one week and one day. According to Mr. De Mayo, this was due to electrical problems.

Mrs. Buschke reported that there is one vacancy in the center. There have been a few water problems such as blocked toilets. The one vacant unit needs major repairs, but could be rented in its present condition, if necessary.

The Senior Center has received an anonymous donation in the amount of $2,000.

Mr. De Mayo reported that Mr. Bridges from Alliance visited the Center today. He inspected the pantry and Bill French’s unit which has some water damage. This may be due to a leak in the roof that will be repaired.

8. PUBLIC HEARINGS. None.

9. COUNCIL ACTION. None.

10. MINUTES OF COMMISSION MEETINGS. (Furnished for information only.)

11. REPORT FROM THE PUBLIC WORKS DEPARTMENT

A. Activity Report.

Mr. Harmon reported the following:

His crew was very busy last month, in addition one crew member was ill and Mr. Harmon was on leave. His crew is still working on the punch list for Ace Consultants.

A new chlorination system has been added at Reservoir 1 and is operational.

They are still working on the digester at the sewer plant. The City of Pendleton has sent over magnesium carbonate which should help.

Frank Jones repaired the sidewalk at the elementary school.

Mr. Harmon met with the FFA advisor at the school to discuss landscaping at the sewer plant. This is dependent on time and funds.

The Public Works crew spent a lot of time at the Senior Center. Mr. Koffler asked if this was typical? According to Mr. Harmon, his crew has done some extra work, to include cleaning all the heaters. He and Mr. Ehrmantraut replaced three bathroom sinks. Eventually all of these sinks will need to be replaced. Toilets and kitchen cabinets will also need replaced in the future. Mr. Koffler inquired whether some of these items will be included in the remodel budget in the refinance package. According to Mr. De Mayo, these items will be included. Mr. Harmon commented that Manager, Kathy Turner, has been very diligent about keeping lists of repairs that are needed.

Mrs. Buschke commented on the kitchen area. The stove vent is very dirty. The Senior Board is in charge of the kitchen. Mr. Harmon volunteered to go to the center on a “good faith mission” and check some of these things.

Public Works usually spends a few hours a week at the center. Something needs to be done in the “trash room” since the system is not user-friendly and is not sanitary. An alternative needs to be worked out.

The water problem that resulted in a water shutoff in the Hager Street area is still being investigated. There is a problem with valves in the Hill Street and Matlock Street area which resulted in the water shutoff on Hager Street.. They have pinpointed the problem which is a result of the water project. Mr. Paustian asked if there is a schematic of the valves. According to Mr. Harmon, there is one for the new installs, but the older ones are not all annotated on the old maps which were done in the 1980’s. They still have not located the leak on Fairview Way. Mr. Paustian complemented Mr. Harmon on his positive attitude towards the City.

Mr. Harmon commented that the problem at the Brosnan residence on Barratt Street was a result of the maps not being updated. Detailed maps of the new water system are in place.

Mr. Harmon reported that interviews for a new Public Works employee will be conducted on January 9, 2007.

According to Mr. Harmon, it may be some time before the water project is closed. He met with a Moore Excavation representative last week and there are problems that need to be corrected. Mr Harmon did not discuss the cutting of the sewer lines at that time. Mr. Kuhn stated that on November 17, he and Mr. De Mayo met with Wen Jou, Ace Consultants, and Ken Condit, Project Engineer for Ace Consultants. Regarding the sewer cuts, the engineer stated that they were the contractor’s problems and the funds need to be paid to the City. The easiest way is to deduct this from the retainage. Moore Excavation is supposed to have a warranty bond which was supposed to be for one year. Mr. Kuhn would like to recommend that the warranty bond be continued for an additional year after the punch list has been done. Mr. Kuhn is drafting a letter to be sent to Wen Jou. He will have this information ready for the next Council meeting. Mr. Kuhn is still nervous about letting the retainage go until it is determined that there are no more problems. A warranty bond needs to be filed. This has not been done. Mr. Kuhn is going to recommend that the warranty bond go for an additional year. According to Mr. Harmon, there are also problems with the trenches which will need to be redone.

Mr. Kuhn recommends that Ace Consultants come to the City to document the problems and then contact Moore Excavation. The engineer is aware of everything that they looked at. Mr. Kuhn recommends that this information is included in a letter from the engineer (Ace) to the contractor (Moore).

Mr. Harmon stated that his biggest worry is damage to the roads from the trench lines. The letter from the engineer to the contractor needs to specify that this is the contractor’s fault. According to Mr. Harmon, he feels that the contractor is willing to work with the City to get the problems solved.

12. REPORT FROM THE CITY MANAGER.

A/B. Heppner Garbage. Mr. De Mayo reported that Mr. Green is current on his payments to Finley Butte and the City. Mr. Baker feels that Mr. Green should be made aware that there are three other individuals who are interested in contracting with the City for garbage service. Mr. De Mayo agreed to make Mr. Green aware of this.

C. Mr. De Mayo reported that they have been working on the grinder. Funds for a new grinder will not be available for another year. Mr. Koffler stated that if the grinder is critical to the sewer plant operation, the City should not wait for another year to replace it. According to Mr. De Mayo, the City can survive another year without a new grinder. Mr. Paustian would like to see a list of the time spent on various problems and the time spent on maintenance which could be alleviated by replacement if the funds are available. The labor could then be put to better use someplace else. He will meet with Mr. Harmon and Mr. De Mayo to discuss this further. Mr. Harmon stated that he would like to see the grinder replaced since it is not very efficient. Mr. Paustian stated that Mr. De Mayo’s recent letter in the Gazette Times pretty well spells out the problems with the sewer plant operation.

D. Street Sweeper. Mr. De Mayo stated that an estimator will be here this week to check the sweeper and make a recommendation on what can be done to get the sweeper operational.

E. Propane Generator at the Sewer Plant. There is no surplus replacement available at this time.

2. EPA Regulatory Changes. According to Mr. De Mayo, tougher standards are required by the Clean Air Act. There is a real push to be proactive on this and testing could be very expensive.

4. Reminders:

A. City Manager Evaluation. An Executive Session to discuss the annual evaluation for the City Manager will be held on January 16, 2007, at 11:45 AM at City Hall. Mr. De Mayo will meet with the former mayor to get information for the evaluation sheets. Mr. De Mayo will furnish a copy of his last evaluation to the Councilors. Mr. Kuhn stated that the League of Oregon Cities is a good source for information on evaluations.

Additional: Mr. De Mayo reported that Bob Hager is working on the pieces to go between the tables and Dale Bates is working on a sound system for the Council.

B. Old Business:

· Approval of Contract with Rex Consulting for OCHS Grant/Loan Pkg.

Discussion: Mr. De Mayo stated that a copy of the agreement with Rex Consulting had been furnished to Council members on December 13, 2006. Mr. De Mayo had received favorable responses from Councilors Robinson, Wolff, Doherty, and Buschke. This constituted a majority of the Council. A motion is required to ratify the acceptance of the agreement. Mr. Koffler asked about payment; he was of the understanding that payment was limited to the first $10,000 and the contract states $30,000. Mr. Paustian thought the payment was separated out within two years. According to Mr. De Mayo, the way the contracting ordinance reads is that you would have to break the payments down in to $20 and $10 thousand dollars. You would have to pay $20,000 one year and $10,000 one year, but not all of the amount in one year. Mr. Koffler stated that the way the agreement reads the City would have to pay Ms. Rex $1500 per month for every month until or unless a grant is obtained. Mr. Koffler thought that there was a grant cycle coming up this spring and we were going to limit the amount of exposure the City had to the contract by saying they would pay up to a total of $10,000 to Ms. Rex and after the first round and then would be re-looked if a grant was not obtained.

Action: Motion by Mrs. Buschke that the Council accept the agreement with Rex Development, Inc. and proceed with the Consultant Agreement. Seconded by Mrs. Doherty.

In Favor: Councilors Buschke, Burleson, Doherty, Robinson, Koffler

Opposed: Councilor Baker

Motion Carried.

· Setting of Council Goal Setting Session for FY2007-2008 (July 1, 2007, through June 30, 2008). Mr. De Mayo stated that if the goal setting is held during the next month, then this can be considered in the budget process. Mr. Paustian asked how close the budget can be figured as far as the dollars coming in. Mr. De Mayo stated that he is ultra-conservative, so the figures will not deviate much from the figures for this fiscal year. Mr. De Mayo suggested February 6, 2007, for the Goal Setting Session. Council agreed to hold the Goal Setting Session be held on February 6, 2007, 12:00 – 2:00 PM in Mr. De Mayo’s office.

Mr. Koffler commented that he would like to be relieved of duties on the Beautification/Parks and Lands Commission. Mrs. Burleson will serve as the Council member on this commission. This will serve as Mr. Koffler’s official resignation from the Beautification/Parks and Lands Commission.

Mr. Wolff will continue to serve on the Personnel Committee even though he is no longer a member of the Council.

C. New Business.

· Resolution of Committee Members by Mayoral Appointment.

Discussion: Mayor Paustian announced that Bob Jepsen has resigned from the Housing Authority and Peggy Fishburn has been appointed to fill this position.

Action by Mr. Koffler to approve Resolution No. 656-07, A Resolution Ratifying Appointments to City Committees, Boards, Commissions, and Positions, subject to the deletion of Mr. Jepsen from the Housing Authority and Appointment of Mrs. Fishburn to this position,, and the resignation of Mr. Koffler from the Beautification/Parks and Lands Commission. Seconded by Mrs. Doherty. Motion Carried.

· Resolution No. 657-07, A Resolution Approving the Transfer of Appropriations within the 2006-2007 Budget.

Discussion: According to Mr. De Mayo, this moves funds ($6,000) from the General Fund Contingency line item to the Miscellaneous Expense line item within the Administrative Division of the General Fund to pay Rex Development, Inc. This will simplify bookkeeping procedures.

Action: Motion by Mrs. Doherty to approve Resolution No. 657-07, A Resolution Approving the Transfer of Appropriations within the 2006-2007 Budget. Seconded by Mr. Koffler.

In Favor: Councilors Buschke, Burleson, Doherty, Robinson, and Koffler

Opposed: Councilor Baker

Motion Carried.

13. REPORT FROM THE CITY ATTORNEY.

· City Nuisance Ordinance. The ordinance which will be modeled after the City of Hermiston’s ordinance will make the following basic change. The City Manager, based on an investigation by the City which will probably be done by the Morrow County Sheriff’s Department, will determine if a nuisance exists. He will send a letter to the landowner or occupant, or both, stating that there is a nuisance and 15 days to take care of it. If they object to the determination, they can ask for a Council hearing. If a hearing is not requested, one will not be held. With reference to the amount of the citation, the question is what the amount of the citation should be. Mr. Kuhn asked Council if the fine should be $100.00 or some other fine. Mr. Paustian would like a progressive fine. Mr. Koffler asked what a progressive fine should be. Sgt Rayburn recommended a Class A violation which is $429.00. Mr. Baker recommended $300.00. Sgt. Rayburn stated that a Class B violation is $244.00. Council members agreed with this. According to Sgt Rayburn, most people are agreeable to cleaning up their property and no fine is imposed. Mr. Kuhn will have the ordinance ready for the next Council meeting.

14. REPORT FROM MAYOR/CITY COUNCILORS.

Mr. Koffler inquired about the vehicles behind Dr. Wenberg’s property on Main Street. Sgt Rayburn reported that the vehicles are licensed. Two of the Wenberg vehicles have been towed from Water Street.

Meeting Adjourned at 8:45 PM.