MINUTES OF THE CITY OF HEPPNER CITY COUNCIL MEETING

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

7:00 PM, May 12, 2008

 

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

 

ATTENDEES:

 

Mayor, Les Paustian

Cindi Doherty

Kay Robinson

Keith Lewis

Judy Buschke

John Bowles

JoAnn Burleson

Steve Bogart, City Manager

Randy Rayburn, Morrow County Sheriff’s Department

Brian Harmon, Public Works Director

Rusty Estes, Heppner Fire Department

 

Ann Spicer, City Attorney

David Sykes, Heppner Gazette

Judy Eckman, City Treasurer

 

ABSENT

 

MEMBERS OF THE PUBLIC IN ATTENDANCE:

 

Samarra Van Doorn

Becky Harmon

Leann Rea

Ken Stookey

Lorene Stookey

 

 

1.  GENERAL BUSINESS.

 

            A.  Call to Order.  The May 12, 2008 meeting of the City of Heppner City Council was called to order at 7:00 PM by Mayor Paustian.

 

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

 

            C.  Announcements – Agenda additions and deletions.  Mr. Bogart announced that there are several additions to the agenda that will be covered in the City Manager’s Report.

 

            D.  Correspondence.  Mr. Bogart announced that he has received a letter from the Governor’s office indicating that there will be a Public Hearing in Salem on the Government Ethics Law on May 20, 2008.

 

            E.  Public Comment.  Mr. Paustian announced that Leann Rea is attending as a candidate for County Commissioner.

 

2.  COMMUNICATIONS FROM THE PUBLIC.

 

            A.  Request for Animal Permit, Budd Richards, 365 SE Gilmore, 5 bantam chickens. 

 

Discussion:  Mrs. Burleson commented that she doesn’t think this should be allowed since it would set a precedent since the chickens would not be in an enclosure.  Mrs. Buschke stated that this has been a problem in her neighborhood in the past.  According to Mrs. Spicer, if the chickens are not contained in the City, there could also be dog problems.

 

Action:  Motion by Mrs. Burleson to deny Mr. Richards’ request for five bantam chickens on his property at 365 SE Gilmore.  Seconded by Mrs. Buschke.

 

In favor of denying the request:  Buschke, Lewis, Paustian, Burleson, Doherty, Bowles

Opposed:  Robinson

 

Motion Carried.

 

            B.  Request for Animal Permit, Judy Peck, 585 E. Hager Street, 2 4-H sheep.

 

Discussion:  Mrs. Buschke commented that if the request is approved that the owners not be allowed to walk them on Main Street as they have in the past. 

 

Action:  Motion by Mrs. Doherty to approve Ms. Peck’s request subject to no complaints.  Seconded by Mr. Bowles.  Motion Carried.

 

Additional discussion:  Mr. Bogart stated that animal droppings downtown could be a reason to revoke the permit.  Mr. Paustian stated that he has had a lot of comments on horses downtown.  This issue may be discussed in the future.

 

3.  CONSENT AGENDA. 

 

            A.  Minutes of City Council Meeting, April 14, 2008.

            B.  Resolution No. 706-08, A Resolution Approving Accounts Payable for Payment.

            C.  Monthly Financial Statement.

 

            Action:  Motion by Mrs. Burleson to accept the Consent Agenda.  Seconded by Mr. Lewis.  Motion Carried.

 

4.  REPORTS. 

 

            A.  Fire Chief. 

 

Mr. Estes reported the following actions for April:

 

            1 Wildland fire

            1 Secure Landing Zone.

            2 Mutual Aid calls—Ione, Boardman

            22 Chief Calls.

 

            B.  Sheriff’s Department:

 

Sgt Rayburn stated that 356 hours were reported.  The deputy activity reports were reviewed.  Mrs. Buschke stated that in her opinion, the reports were a waste of time.  Mr. Paustian asked Mr. Lewis for his opinion on the new format.  Sgt. Rayburn stated that the previous format showed all the calls that came in and not the actual time spent on calls.  Mr. Lewis stated that he would like to research the formats further and will report on his opinion at a later meeting.

 

ATV Ordinance.  Mr. Stookey stated that he had received a citation from the Oregon State Patrol (OSP) recently for using his ATV for errands in town.  He was under the impression that the City ordinance allowed the use of ATVs within the City limits and across State highways with the exception of being operated on State highways.  Sgt Rayburn stated that the City Ordinance requires that signs be posted where use of the vehicles is allowed.  Mr. Stookey stated that he would like clarification since the Sheriff’s department has not issued a citation.  Mr. Bowles stated that OSP was not aware of the local ordinance when the citation was issued.  Sgt Rayburn stated that most of the ATV traffic in Heppner has been for community service.  Sgt Rayburn stated that signs need to be posted for the ordinance to be valid.  Mr. Paustian stated that this should be researched since it has come up before.  According to Mr. Bogart, the signs would be the City’s responsibility.  Mrs. Spicer has not had a chance to review the ordinance, but at the time the ordinance was drafted, ATVs were allowed on City streets but not on the highway.  There are also insurance restrictions.  According to Sgt Rayburn, licenses are only good in ATV parks.  According to Sgt Rayburn, OSP can issue citations under state law.  He does not advise getting rid of the ordinance, but suggested checking with other areas to see what their requirements are.  This issue is tabled until next month. 

 

Mr. Stookey was advised not to ride his ATV in the City at the present time.  Mr. Stookey suggested putting a notice on Channel 3 stating that ATV riding in town is not allowed at this time.  Mr. Sykes was also asked to include something in the newspaper stating that the ordinance is incomplete at this time and that if people ride their ATVs in town it is at their own risk.  Mrs. Spicer agreed to research the history of the ordinance and report at the next Council meeting.

 

            C.  Planning Commission.  Mr. Bogart stated that there is no report at this time since all of the Planning Commission members except one have resigned as a result of the State Ethics Law requirement.

 

            D.  Heppner Housing Authority.

 

Mrs. Buschke reported that things are moving along on the renovation project.  Some funds have been made available.  According to Mr. Bogart, there are some conditions that still need to be made before all of the funds are disbursed.  The Housing Authority is paying its bills.  The URA and BOLI requirements will be discussed within the next two weeks.  It is expected that by the end of the month all filings will be done.  The State gave permission for Darlee Rex and Martha Andrews to do the justification on why a rebuild project is being done in a flood zone.  Mr. Bogart has been working with Ms. Dicksa, the State representative in charge of the project.  According to Mr. Paustian, the City is about to be relieved of the responsibility for the project which will be handled by the Housing Authority as a separate entity.  Mr. Bogart reported that the Housing Authority is considering changes to the by-laws, in particular term appointments for members.  The City Manager will continue as a liaison with the Housing Authority.

 

            E.  Public Works.

 

Mr. Harmon reported that he has finished the emergency response plan and vulnerability assessment for the water system.  The City saved about $2500 by having Mr. Harmon do the work himself.  A similar report is also required on the sewer system.

 

Mr. Harmon plans to meet with the engineer on Morgan Street this week. 

 

Streets.  Mr. Harmon plans to re commend that the closing of Willow Street which is in the ODOT project be discussed in the near future.  Personnel will be invited to give their opinions.  There is the possibility of closing Willow Street permanently and forming a cull de sac.  Mr. Estes stated that he is totally against this since it affects emergency vehicles and is the main route for ambulance runs.  Mr. Harmon feels that closing Willow Street is a good idea.  Fire Chief Estes stated that he was not notified about the previous ODOT meeting.  This issue will be discussed in depth by the Utilities Commission.  Mr. Harmon also feels that the Council should discuss the issue.  According to Mr. Bogart, ODOT is planning another public meeting. 

 

Mr. Harmon stated that the big hole behind the Post Office is part of the process to relocate water lines to the mini-park. 

 

            F.  City Manager’s Report.

 

City Manager Bogart Reported the following:

 

            A.  Budget Meeting.  The second meeting of the budget committee to finalize the FY 2008-2009 Budget will be held on Tuesday, 13 May 2008, at 6:30 PM.

 

            B.  Personnel Committee recommendation.  A resolution approving the Personnel Committee’s recommendation for Cost of Living salary adjustments is being submitted for Council approval later in the meeting. 

 

            C.  Water Project Update.  A water right for Well No. 5 has been obtained and recorded.  Last Friday, $79,000 +/- was received to pay Ace Consultants and reimburse the City for the retainage paid to Moore Construction.  There is $40,000 remaining and the project could be over on 1 July.  The project is almost closed and should be final within the next six weeks. 

 

            D.  St. Patrick’s Apartments.  This was discussed previously in the Housing Authority report.

 

            E.  Tippage Fee Grant Program.  The County Budget Committee has increased the amount of the tippage fee award.  The County is looking for a recommendation for individuals to serve on a committee to review the parameters for the program. 

 

            F.  Audit.  The auditors have sent a letter of engagement for the following year for signature.  Terms and amount are the same as last year’s. 

 

            G.  Sheriff’s Department.  Mr. Bogart reported that the deputies have been checking in daily and this is working out very well.  Any problems that come up are being handled satisfactorily.

 

            H.  Mr. Bogart will be reviewing insurance issues tomorrow.  Changes will be made as required.

 

            I.  Trees at the Museum.  The Beautification Commission is discussing removal of some of the spruce trees due to hazards to the sidewalk and damage to the grass.  According to Mrs. Burleson, something needs to be done.  Pruning the deciduous trees is also being considered along with removal of two or three of the spruce trees.  Details of this effort will be coordinated.  Mr. Harmon stated that during Mustang Mop Up, the 18 trees recommended in the Supplemental Environmental Plan were planted; 12 at the golf course, 4 at Hager Park, and 1 at Heritage Plaza. 

 

            J.  City Manager’s Schedule.  Mr. Bogart will be out of town on 15 and 16 May.  The Utilities Commission will meet on 22 May.

 

            K.  Hydro-generation Project. Mr. Harmon explained the project which is a proposal to use the water coming down the creek to generate additional electricity.  This has also been discussed by CBEC.  This project could reduce some of the power costs.  Grant possibilities for this are being explored. 

 

5.  PUBLIC HEARINGS.  None. 

 

6.  COUNCIL ACTION.

 

            A.  OLD BUSINESS.

 

            1.  Contract Renewal – Morrow County Sheriff’s Department.

 

Mrs. Spicer reported that minor recommended corrections have been made. 

 

Action:  Motion by Mrs. Doherty to approve renewal of the contract.  Seconded by Mrs. Robinson.  Motion Carried.  (Abstained:  Councilor Bowles).

 

            2.  Garbage Rate Resolution.

 

This resolution increases the collection rates as requested by Miller & Sons.  Mr. Bogart stated that the rates cannot go into effect until Council Approval is granted.  Mr.  Miller will mail out changes effective June 1.

 

Action:  Motion by Mrs. Burleson to approve Resolution 707-08, A Resolution Establishing the Solid Waste Collection Rate Schedule in accordance with Title 4 Chapter 1 Section 5 of the Heppner City Code, as of June 1, 2008.  Seconded by Mr. Lewis.  Motion Carried.

 

Comment:  Mr. Paustian stated that the rates should be published to show the old and new rates.

 

            B.  NEW BUSINESS.

 

            1.  Personnel Committee Recommendation – Resolution No. 708-08.

 

Discussion:  Mr. Bogart stated that the City’s compensation structure allows a 3% Cost of Living on the base salary based on the average CPI.  Certifications will be increased to $50.00 per certification for water and wastewater.  Public Works employees are working on getting their certifications.  Mr. Bogart outlined the changes for each group of employees.  Merit pay is increased each year depending on evaluations.  This is valid for one year. 

 

Action:  Motion by Mrs. Buschke to approve Resolution No. 708-08, A Resolution Establishing Pay ranges and Policy for Employee Compensation for Fiscal Year 2008-2009.  Seconded by Mr. Bowles.  Motion Carried.  (Abstained:  Councilor Doherty).

 

8.  REPORT FROM THE CITY ATTORNEY.  None.

 

9.  REPORT FROM MAYOR/CITY COUNCILORS.

 

Mr. Paustian stated that responsible people are needed for the GEODC Committee.  Mrs. Buschke suggested that Council members submit names to Mr. Bogart who will then poll the Council members since the deadline is before the next Council meeting.  Suspense date for submission of names is May 21, 2008. 

 

10.  ADJOURNMENT.  Meeting adjourned at 8:20 PM.