MINUTES OF THE CITY OF HEPPNER CITY COUNCIL MEETING

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

7:00 PM, March 12, 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

George Koffler

 

Brian Harmon, Public Works Director (Left meeting at 7:48 PM)

Tom Creasing , City Attorney

David Sykes, Heppner Gazette

Sgt Randy Rayburn, MCSD

 

MEMBERS OF THE PUBLIC IN ATTENDANCE:

 

Tammy Malgesini, East Oregonian

Jerry Healy

 

1.  GENERAL BUSINESS

 

 

    B.  Pledge of Allegiance:  Mayor Paustian led the Council members and attendees in the Pledge of Allegiance to the Flag.

 

    C.  Announcements:  

 

        Mr. De Mayo announced one addition to the agenda.  An additional Resolution Approving the Transfer of Appropriations within the 2006-2007 Budget.

 

    D)  Correspondence.  None.

 

2.  COMMUNICATIONS FROM THE PUBLIC.  None.

 

3.  CONSENT AGENDA.

 

 

    B.  Resolution No. 667-07, A Resolution Approving Accounts Payable for Payment.

 

Discussion:  

 

February 12, 2007 Minutes.  Mrs. Doherty identified one minor change to the minutes on page 2.  The statement that refers to the Wenberg’s vehicles should be changed to reflect that the material on the property is not vehicles, but trash and debris.  Mr. Paustian inquired about the vehicles behind the Wenberg’s property on Main Street.  He noted that the vehicles are licensed, but wondered whether the ordinance allowed the vehicles to be towed if than haven’t been moved for a period of time and whether they would be considered abandoned.  According to Sgt. Rayburn, these vehicles would not be considered abandoned since they belong to the Wenbergs and are on their property.  Mr. Creasing will research the ordinance further on this issue.

 

Accounts Payable:  Mr. Koffler inquired about the bill from Andrews Architect, and whether this is the only bill the City would receive from the firm.  According to Mr. De Mayo, at this point in time, it is.  If the contract is awarded, this could change.

 

Action:  Motion by Mr. Koffler to approve the consent agenda, to include the February 12, 2007 minutes as corrected and Resolution 667-07, A Resolution Approving Accounts Payable for Payment (February 2007).  Seconded by Mrs. Robinson.  Motion Carried.

 

 

5.  REPORT FROM COUNTY SHERIFF’S REPRESENTATIVE.

 

 

Mr. Paustian asked if the Sheriff’s Department has arranged coverage for St. Patrick’s weekend.  Sgt. Rayburn reported that this is under control.  An escort for the Cruz In vehicles will be provided.

 

Mr. Creasing discussed the abandoned vehicle ordinance.  Any vehicle that is abandoned or discarded can be moved or towed after posting 24 hour notice.  According to Sgt Rayburn, the owner (Wenberg) has informed him that they are drivable.  They are also licensed.  Since they are located on private property, Mr. Creasing will investigate the ordinance further.

 

Sgt. Rayburn reported that the property on Aiken Street has been cleaned up and is being advertised for rent.

 

 

7.  REPORT FROM HEPPNER HOUSING AUTHORITY.

 

Mrs. Buschke reported that the February 2007 meeting of the Housing Authority was the shortest one in history.  She also reported that she has reviewed most of the large grant request package.  There are currently two vacancies in the center.  Mrs. Stone’s unit may be vacant in the near future.  Mr. De Mayo reported that he is going to secure this unit and keep the key under City control.  There are family issues involved in this particular case.  Two more individuals have expressed interest in occupying the apartments.  

 

Mr. Koffler commented on the grant application.  He had talked to Bruce Buchanan, and Mr. Buchanan stated that Heppner’s application had more community support than any other application that has been submitted.  The letters of support were very good.  

 

Della Burch has been appointed to replace Dorris Graves on the Board.

 

 

 

 

11.  REPORT FROM THE PUBLIC WORKS DEPARTMENT.

 

 

Mr. Harmon reported that the digester is back up and running and the sludge pump is running at 100%.  Mr. Koffler asked how all the sewer expenses were being paid.  According to Mr. De Mayo, the sewer reserve fund was emptied and funds are being transferred from the Sewer Fund Contingency line.  Total funds expended for this amounted to $46,000.  According to Mr. Harmon, the digester was over half full of solid material.

 

Mr. Koffler stated that he, Mr. De Mayo, and Tom Wolff toured the sewer plant on February 19.  He learned a lot of valuable information on the operation of the plant.  

 

Mr. Harmon reported that two park benches were installed on Riverside by the agricultural museum.  

 

Mr. Paustian reported that cleanup is needed by the creek behind the museum/library.

 

Mr. Harmon reported that Public Works is shorthanded at this time since Mr. Sample will be off for medical reasons.  

 

The shamrock is being painted on March 13 in preparation for St. Patrick’s.  

 

Mr. Harmon noted that the hours spent at the sewer plant were for the month of February.  They hauled $3,500 worth of debris to Finley Butte.  Mr. Harmon is assembling a packet outlining all the repairs.  

 

Street Sweeper.  Mr. Harmon discussed a street sweeper with Burke O’Brien.  The County may be able to assist in getting the sweeper back in operation.  The company that owns the sweeper that is being used in Heppner this week will be auctioning their sweeper in the future and it may be available for purchase by the City.

 

Mr. Baker questioned the $11,000 chlorine for the sewer plant and why so much solution is being used.  According to Mr. Harmon, this was from usage during the summer months.  Cleaning should help cut usage this summer.  Mr. Baker expressed concerns about the large amount of chlorine.  According to Mr. Harmon, once the irrigation starts, sulpher dioxide will not be used.  They are monitoring this to see what takes place during the summer.  Mr. De Mayo stated that they are investigating the cause of the excess chlorine use, possibly something new being put into the system from an unknown source.  Mr. Harmon suspects that there is some type of growth in the tank.  Next Monday, they will be draining the tank at the golf course and cleaning it.  Mr. Paustian asked if there is any way that the cause can be identified.  According to Mr. Harmon, the lab in Pendleton is trying to identify the cause of the problem.  Mr. Baker recommended monitoring this very closely.

 

12.  REPORT FROM THE CITY MANAGER.

 

Mr. De Mayo commended Mr. Harmon on his diligence on working on the sewer plant problem.  Mr. Paustian echoed these comments.  Mr. Harmon added that everyone on his crew has been working very hard on this.

 

    A.  Mr. De Mayo reported the following:

 

1.  Transfer resolutions.  These are self-explanatory, with the exception of the bill from Andrews Architect.  Because of the quick response required, there was not time to go through the normal procedures of submitting bids, etc. since there was a short suspense date.  The $6,200 charge was not unusual.

 

2.  User Agreement with Bi County Communications Board.  According to Mr. De Mayo, the attorney raised the issue that the possibility exists that when the CSEPP money goes away, a users fee may be levied if the Council approves the City signing onto this.  However, the agreement states that the users have a vote on this.  There are advantages to the system, i.e., an FCC license is not required, they maintain the radios as a help to users.  Mr. Baker asked if the other towns in the county subscribe to this?  Mr. De Mayo is not sure, but the fire department and sheriff’s department are.  An advantage to being on the CSEPP network is that if there is a CSEPP emergency, the City is automatically part of the system.  Mr. Paustian commented that Mr. De Mayo has been chosen to take an advanced emergency management course.  Mr. De Mayo stated that this is a Public Information Officer course.  

 

3.  City Council Goals.  Will be discussed under Old Business.

 

4.  Auditor’s Engagement Letter and Contract.  Mr. De Mayo explained that the auditor’s fee has increased.  According to Mr. Koffler, this is not unreasonable.  It will be discussed further under New Business.

 

5.  CPI/Inflation Increase.  Mr. De Mayo stated that historically the annual CPI increase has been based on the Social Security cost of living adjustment.  He would like to propose consideration of using the Portland CPI-U which is used by the sheriff’s department.  For example, last year in 2006, the Portland CPI-U would equate a 2.6% increase vs. the current 3.3% which is nation-wide.  The Social Security cost of living increase is based on a nation-wide figure.  He feels the Portland figure would be more reasonable since it is for a local area.  Mr. De Mayo distributed the latest LGPI information to the Council.  Mr. Baker recommended further information on this before making a decision.  Mr. Koffler recommended controls on the amount that the council would approve, based on the ability to pay.  The new wage levels begin in July.  Mr. De Mayo asked if the Council would approve using the 2006 average CPI for Portland as a starting point.  Mr. Paustian noted that the Portland figures appear to be higher than the US average.    

 

Action:  Motion by Mr. Koffler that the City use the Portland CPI-U previous years annual average which means that the 2006 figures will be used for the 2007/2008 budget with the understanding that in March of each year, Council can give final approval to the increase for the next fiscal year.  Seconded by Mr. Baker.  Motion Carried.

 

6.  Martin property on Aiken Street.  This issue is closed; property has been cleaned up.

 

7.  HUD property on Linden Way.  Mr. De Mayo stated that the property has been listed with Kim Cutsforth, Heritage Realty for $40,000 which is negotiable.  The property is currently on the market.  Habitat for Humanity has also expressed an interest in the property.

 

8.  Bonding amounts for the City Treasurer and Manager.  This item is self-explanatory.

 

9.  Elder Street Extension.  Mr. De Mayo stated that a grant from the “Safe Routes to Schools” program will not work at this point.  If the school wants this funded, another source of funding will need to be located.  Mr. Koffler stated that he was under the impression that the Council had never stated that they were in favor this.  He wonders if the Council should discuss this since it is a City street.  According to Mr. Paustian, this has been an ongoing discussion, but currently this is not under consideration.  This issue was being pushed by the schools; the City was an observer.  Mr. De Mayo stated that Jack Thompson, Elementary School Principal had contacted Rep. Greg Smith’s office and held a meeting that included OECDD, ODOT, NEACT, the City, and the School Superintendent to address the issue.  Mr. Paustian stated that his understanding was that this was basically a safety issue during school hours.  Discussions were whether to re-route the street or close the street (Stansbury Street) during school hours.  Nothing has been scheduled.  Mr. Baker asked how the school could apply for a grant for property owned by another entity, i.e., the City.  Mr. De Mayo stated there is no way this could be done funding-wise.  There are no funds available from the City or School district.  Mr. Koffler feels that the Council needs to make a decision on whether they want the City Manager to put any time and effort into doing anything to even help the process.  Mrs. Buschke asked exactly what the school wanted to do.  According to Mr. Paustian they wanted to run Elder Street by the Chick’s residence on Elder Street making the curve around the tennis court and approach the highway, and close Stansbury Street.  Council members expressed the opinion that the present street crossing between the schools has been there for 50+ years and nothing has ever happened.

 

Several Council members expressed the opinion that the street could be closed during school hours to avoid accidents.

 

Mr. Koffler stated that the City needs to take a firm position as soon as complete information is available.  According to Mr. De Mayo, the school has some land that they feel could be traded to ODOT for work.  However, this is a City street and any action should be decided by the Council.

 

Mr. Healy added that when the new gym was built the City was not in favor of closing Stansbury Street or temporary daytime closures, and at that time the City Council was not in favor of either action.  Mr. Koffler stated that he would like the Council to give Mr. De Mayo clear instructions on what they would like him to do.  Sgt Rayburn stated he is in favor of closing the street during school hours.

 

Action:  Motion by Mrs. Buschke that the City Council does not support any action on this at this time.  Seconded by Mrs. Robinson.  Motion Carried.  

 

    B.  Old Business.

 

Discussion of City Council Goals for FY 2007/2008.  Mr. De Mayo stated that he needs guidance from the Council on how to prioritize the goals.  Mr. Paustian would like the sewer given high priority.  Mrs. Doherty asked about the Morgan Street project.  This is repairing a dip in the street.  Mr. Koffler recommended a Council work session to discuss the goals further.  Council members agreed to hold a work session on Monday, March 26, 2007, at 12:00 PM at City Hall.  Members approved scheduling this meeting.

 

    C.  New Business.

 

 

Mr. Paustian:  Included in the packet is a memorandum and detailed information from Morrow County Public Works (Burke O’Brien) regarding a Proposed Road Levy.  Briefly, this information requests City Council support on a proposed tax levy upon a vote of the citizens.  All five cities in the County would have to support this in order to make the project viable.  According to an article in the East Oregonian, Irrigon is not in favor of supporting this proposal.   This levy proposal is a five year $10 million with a portion distributed to each city on a yearly basis.  After a $2 million school bond will be paid off, the levy to citizens would be an additional $.60 per thousand over what is currently being paid.  

 

Mr. Koffler asked if historically, the City Council has taken a position on levy requests.  This is unknown.  Mr. Sykes asked if more taxes could be assessed since Heppner is capped on their taxes.  Currently, Heppner is in compression.

 

Mrs. Doherty feels that these questions need to be answered before a decision is made.  Mr. Baker is not in favor of this.  Mr. Koffler would like Mr. O’Brien to answer questions.  Mrs. Robinson is not in favor of supporting this.  Mr. Paustian suggested tabling this issue until the next Council meeting and requested that Mr. De Mayo invite Mr. O’Brien to attend the meeting and answer questions in order to allow Council to make an informed decision.

 

Mrs. Burleson stated that she would like further explanation of this proposal.

 

 

Discussion:  This issue was discussed previously during the City Manager’s Report.  Mr. Koffler asked how long the price was effective since the agreement is for three years.  According to Mr. De Mayo, the price is effective for one year, with CPI adjustments in succeeding years.

 

Action:  Motion by Mr. Koffler to approve the contract for audit services with Barnett and Moro.  Seconded by Mr. Baker.  Motion Carried.

 

 

Action:  Motion by Mr. Baker to approve Resolution No. 668-08, A Resolution Approving the Transfer of Appropriations within the 2006-2007 Budget.  ($16,100) and Resolution No. 669-07, A Resolution Approving the Transfer of Appropriations within the 2006-2007 Budget.  ($12,200).  Seconded by Mrs.Buschke.  Motion Carried.

 

 

Discussion:  Mr. De Mayo outlined that this agreement has Homeland Security implications.  Mr. Paustian asked if other than Police and Fire Departments, does the City have other radio needs.  According to Mr. De Mayo, the City has no Public Works radios which are being purchased with the $8,000 tippage fees awarded by the County.  This agreement will cover future fees when the CSEPP funds are no longer available.  This agreement is for the use of a particular frequency which is a necessity for emergency management.  Mr. Paustian stated that Morrow County is heavily involved in emergency management.

 

Action:  Motion by Mr. Baker to accept the User Agreement.  Seconded by Mrs. Burleson.  Motion Carried.

 

 

13.  REPORT FROM THE CITY ATTORNEY.  

 

Mr. Creasing reported on the definition of abandoned vehicles as cited in the City Ordinance.  An abandoned vehicle includes wrecked, dismantled, partially dismantled, inoperative, or junked vehicles.  He has not seen the vehicles concerned, but he feels that the vehicles should be inspected and a decision made as to whether the subject vehicles meet this criteria.  If the vehicles are working vehicles, they are not necessarily meeting the “abandoned” criteria as described, and should be properly stored in order to prevent becoming an eyesore.  Mr. Koffler feels that Sgt Rayburn should be directed to visit the owner and ensure that they are operable.  

 

 

15.  EXECUTIVE SESSION, ORS 192.660(D)(h) to consult with counsel concerning the legal rights and duties of a public body with regard to current litigation or litigation likely to be filed.

 

Executive Session convened at 8:50 PM.

 

Executive Session adjourned at 9:00 PM.

 

Council Meeting adjourned at 9:03 PM.