MINUTES OF THE CITY OF HEPPNER CITY COUNCIL MEETING

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

7:00 PM, August 11, 2008

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

ATTENDEES:

Mayor, Les Paustian

Cindi Doherty

Kay Robinson

Judy Buschke

John Bowles

JoAnn Burleson

Keith Lewis

Steve Bogart, City Manager

Rusty Estes, Heppner Fire Department

Ann Spicer, City Attorney

David Sykes, Heppner Gazette

Judy Eckman, City Treasurer

ABSENT

Randy Rayburn, Morrow County Sheriff’s Department

MEMBERS OF THE PUBLIC IN ATTENDANCE:

Rod Estes, Lifeways/Eastern Oregon Community Services Consortium (EOCSC)

Roberta Lutcher

Kimberly Lindsay

Kevin Campbell

Sheryll Bates

Leann Rea

George Koffler

Jan Denlinger

Paul Denlinger

Jerry Hollomon

Larry Barstaad

George Nairns

Karen Smith-Griffith

Karen Dubuque

Jeff Bailey

Jan Blaser

Matt Bergstrom

Marlene Peterson

Myrtle McMillan

Sharon Morris

Shirley Mc Carl

Denise Goebel

Beverly Sherman

Calvin Sherman

Tim Dickenson

Wanda Jones

Gary Gump

Ann Gump

Evelyn Sweek

Ivan Lorenz

Warren Plocharsky

Mike Sweek

Mike Bergstrom

Kirk Robinson

Becky Cherry

Shelli Britt

Dean Gilman

Mary Eleanor Gilman

Joe Miller

Samara Van Doorn

Kim Cutsforth

Sharon Miller

Ryan Miller

Kyle Robinson

Ann Murray

John Murray

Larry Mills

Matt Combe

1. GENERAL BUSINESS

A. Call to Order. The August 11, 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 the Council and attendees in the Pledge of Allegiance to the Flag.

C. Announcements – Agenda additions and deletions.

Mr. Bogart announced that there are two additions to the agenda:

1) The Personnel Committee met this morning and reviewed several issues which will be discussed under New Business.

2) Request from Willow Creek Baptist Church to use the City Park on September 18, 2008.

D. Public Comment.

1) Wanda Jones. Lives on Hager Street where it intersects with Court Street. Mrs. Jones stated that there is a visibility problem on the corner due to the overgrowth of trees/shrubs. Mr. Bogart state that he will investigate this and if the trees are on private property he will contact the property owners.

2) Secure Residential Treatment Facility Comments.

Mr. Paustian asked that people wishing to comment use the microphone and keep their comments brief. Following are remarks from members of the public:

1) Denise Goebel. Mrs. Goebel stated that her family has moved to Heppner last year and recently purchased a residence in Heppner. Mrs. Goebel stated that if the facility had been in Heppner, they would not have purchased property. Mrs. Goebel is a retired nurse and has worked with the type of patients being considered for the facility. She does not want these people in Heppner and does not feel that there are facilities in Heppner to care for them. She feels that these people are hardened criminals. She also asked why there is not going to be female patients. She stated that “chemical restraints” are illegal. She also wonders about the taxes. Her opinion is to keep the patients in Salem or Portland.

2) Becky Cherry. Mrs. Cherry is the assistant administrator at Columbia River Ranch in Boardman. She stated that she is in favor of the facility and believes it will bring good things to Heppner. There is a stringent process for selecting patients for the facility and there will be no sex offenders. Patients will be medicated and monitored.

3) Mike Sweek. Asked where the facility would be built and who will pay for the infrastructure. He also asked about contracts for food and medications in Heppner. He questioned police coverage. He also stated that the patients are insane people and are in a facility because they have committed a crime. He is not in favor of the facility.

4) Kevin Campbell. Mr. Campbell, Eastern Oregon Human Services Consortium (EOHSC) and Greater Oregon Behavioral Health (GOBH). The facility will be constructed by EOSHC. This consortium is made up of mental health departments of thirteen Eastern Oregon counties. The facility will be locally operated and will not be a state-operated facility. Their intent is to shop locally. They intend to pay an amount in lieu of taxes. Their role would be to construct the property and turn it over to the local mental health program. Taxes will be kept locally. Their goal is to give all the counties in Eastern Oregon a chance for the facility. A site has not been selected at this time. The facility being discussed for Heppner will be an eight bed unit. The facility in Umatilla has been toured by Heppner representatives.

5) Joe Miller. Mr. Miller stated that he is in favor of the operation. This will bring decent wage jobs to the City. He is sorry for the negative comments.

6) Jerry Hollomon. Stated that he has a sex offender living next door to him at this time. He asked why people are afraid of eight people that would be secure. He is in favor of the facility.

7) George Koffler. Mr. Koffler stated that he is representing the Willow Creek Valley Economic Development (WCVED) Group. This is a group of individuals from Heppner, Lexington, and Ione dedicated to job creation in the Willow Creek Valley. A letter of support from WCVED is included in the Council Packets. Mr. Koffler stated that WCVED is in favor of the facility. The proposal is not without risk, but they feel they are manageable risks. Mr. Koffler encourages the Council to move forward on the facility.

8) Cal Sherman. Mr. Sherman stated that this isn’t a guaranteed thing – it could be made larger or smaller. He wonders if we are willing to give up that one risk. There are other things coming into the area, i.e., wind farms. He does not want to take the risk.

9) Kim Cutsforth. Ms. Cutsforth is a local realtor. She is not in favor of the facility. She does not see a lot of empty spaces in Heppner. Heppner has been a stable community population-wise for over 100 years. People do not travel through Heppner, they come here because they need to. She is one of the first contacts for people coming to the community. She hopes that before a decision is made, to ensure that people are in favor of the facility. She wants to be sure that people who are in favor or against have a chance to express their opinion.

10) Warren Plocharsky. Mr. Plocharsky sees problems such as lack of law enforcement. He wonders what would happen if the facility run into financial difficulties. He encourages people to express their opinion before a decision is made.

11) Jeff Bailey. Mr. Bailey is president of the Heppner Chamber of Commerce. The Chamber has provided a letter of support. He is in favor of the facility. Heppner needs the jobs. The patients are not right out of court and are on medications. They are also not at the release level. Mr. Bailey urges the council to act favorably on this request.

12) Kevin Campbell. The community mental health organization under the County Court would operate this facility. With regard to budget cuts by the state, the last piece of the budget they cut is something that would leverage Medicaid costs. Kimberly Lindsay is designated to operate the facility. This facility will never grow bigger than 16 patients. Mr. Campbell hopes that rural Oregon will be a place where people can recover. He believes that small towns offer better options for recovery.

13) Cindi Doherty. Mrs. Doherty asked Mrs. Lindsay, Community Counseling Solutions, if they will be leaving because they are not employed by the County. According to Mrs. Lindsay, they are a private not-for-profit organization and can provide service at the local level. Most of their business is currently in the North end of the County. Community Counseling Solutions is located in Heppner. They have considered whether the administrative offices will continue to be in South Morrow County.

14) Larry Mills. Mr. Mills represents the Morrow County Health District. This facility is important to the medical community. They are in support of the facility. The additional revenue would be a great benefit to the Health District. The school population has been decreasing. This would bring families to the community and possibly increase the school population. The demographics of the community have changed with a larger portion of the citizens are retirement age. He feels the facility would enhance the community and bring families into the City. Mr. Mills is in favor of moving forward.

15) Matt Bergstrom. Mr. Bergstrom is the administrator of Columbia River Ranch in Boardman. He stated that people do well in smaller communities. He feels this would be a great opportunity for Heppner. He reviews all applications for his facility to determine which patients would do well in small communities. He feels this would be a great opportunity for Heppner.

16) Gary Gump. Asked about the ratio of full-time jobs with benefits versus part-time employees. He feels full-time jobs would be economically viable.

17) Kim Lindsay. There would be 15 full-time jobs and one contractor position which is a psychiatrist. All 15 jobs would have full benefits, i.e., medical, dental, and vision. This would be 15 more jobs.

18) Shelli Britt. Has lived in Heppner for 25 years. She wonders if this will be a benefit if this will be a benefit if people decide to leave the community because of the facility.

19) Kevin Campbell. Lives in The Dalles. One of these facilities is ½ mile from his home. There are also facilities in Joseph, Enterprise, and Hines, along with the one in Boardman. These provide home-like settings for people coming out of the State Hospital to recover from their mental illness. With regard to discrimination, the State has determined that the population could not be restricted by gender or legal status.

20) Mr. Paustian asked if there would be sex offenders in the facility. According to Mr. Campbell, there will not be any in Heppner. Hospitalization is the highest level of care. The secure facility is the second step in treatment before people are moved to a non-secure facility. The Dalles is a non-secure facility. Sex offender treatment is not included.

21) Matt Bergstrom. Has had one referral for a sex offender. This person was not accepted.

22) Kim Lindsay. All admission packets are thoroughly reviewed. If people misbehave, they go back to the State Hospital.

23) Rod Estes. The City would not be providing infrastructure. He started the facility in The Dalles. It has been there for four years. The State packets are very intensive and contain detailed information. This is an opportunity for people to recover. There are risks, but this is an opportunity for people to improve their lives.

24) Leeann Rea. Mrs. Rea is a County Commissioner-Elect. The only negative thing would be the risk of someone escaping which is minute. She has toured the facility in Umatilla. The advantages outweigh the risks. Mrs. Rea thinks this community needs to investigate new sources of income. She is in favor of the facility.

25) Mr. Paustian stated that the City Council needs to make the decision for Heppner. All Council members are volunteers. Mr. Paustian added that he has had many positive comments on the possibility of the facility.

Mr. Bogart stated that letters of endorsement have been received from the following:

John and Nancy Gochnauer

Willow Creek Valley Economic Development Group

Morrow County Grain Growers

Morrow County Health District

Heppner Chamber of Commerce

Jan Blaser submitted a letter of opposition after the Council consideration.

Mr. Paustian asked for a “show of hands” of individuals in favor of or opposed to the facility.

Opposed: 12

In Favor: 31

The City Council will discuss this issue further under Old Business.

3. CONSENT AGENDA.

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

B. Resolution No. 721-08, A Resolution Approving Accounts Payable for Payment.

C. Monthly Financial Statement.

Action: Motion by Mrs. Burleson to accept the July 14, 2008 minutes and approve Resolution No. 721-08, A Resolution Approving Accounts Payable for Payment. Seconded by Mrs. Doherty. Motion Carried.

Financial Statement.

Discussion: Mr. Bogart pointed out that Well 1 will cost approximately $18,000 to repair. There have been problems with the fire truck which is being repaired. The cost is split with the rural fire board. The bill from the Gazette Times is higher due to publishing requirements for the hotel rehabilitation project. The United Pipe bill is for the water project.

4. REPORTS

A. Fire Chief. Chief Estes reported the following:

2 mutual aid to Ione and Boardman

Mutual aid was provided to Pendleton, Pilot Rock, and Arlington

1 Large Wildland Fire, aid provided by Boardman, Lexington, and Ione

2 Secure Landing Zone

1 Power pole fire (CBEC and Heppner TV)

1 Motorcycle crash

1 False Alarm

B. Morrow County Sheriff’s Department

Mrs. Buschke stated that the report format is getting worse instead of better. Mrs. Buschke and Mr. Lewis do not like the report. This will be discussed by the Police Commission. Mr. Bogart stated that the deputies have been working on getting properties cleaned up and abandoned vehicles removed. Mr. Bowles reported that the vehicles on Cowins Streeet have been removed, along with scrap metal.

C. Heppner Housing Authority.

Mrs. Buschke reported that bids will be opened on August 21, 2008, at 2:00 PM. One contractor and two sub-contractors have inspected the facility. The architect will be in Heppner for the bid opening.

D. Public Works Report.

Mr. Bogart reported that the report is complete. All of the wells are working and repairs are nearly done. The Morgan Street project may be put off until next spring, depending on the engineer.

E. City Manager’s Report.

Mr. Bogart reported the following:

Auditors. The Auditor will schedule a field visit shortly.

Elections. Packets for potential candidates are available in City Hall. There are five positions that are open this year (4 Council, Mayor). The packets need to be turned in to City Hall by August 26, 2008. Names will be submitted to be on the ballot in November.

Public Works. The Public Works Department is working very hard this summer. Preparations are underway for the Fair and Rodeo.

Absence October 16-21. Mr. Bogart will be on vacation during this period.

Tree Trimming. Pruning of the trees in City Park along with removal of several spruce trees will take place next week.

5. PUBLIC HEARINGS. None.

6. COUNCIL ACTION.

A. OLD BUSINESS.

1. ATV Ordinance Repeal. According to Mr. Paustian, this has been discussed in the past. Mr. Bogart stated that the City Attorney has drafted a new ordinance for review after notices have been published.

2. Secure Residential Treatment Facility.

Next Step. Mr. Paustian explained that the Council represents the citizens of Heppner—not the outlying areas.

Mr. Lewis feels that there should be a way to get the information to the public. Mr. Healy, CBEC has volunteered to do a mailing of a survey to be included in their bills next month. Mr. Dickenson asked if the survey would only go to Heppner residents who receive service bills. Mr. Lewis suggested including the survey in the people in the Heppner According to Mrs. Doherty, the Council only represents the individuals living in the City.

Mr. Paustian polled the Council for their opinions and input received from citizens.

Mrs. Buschke. She is personally in favor of the facility, although she has received comments in favor and against it.

Mr. Lewis. Mr. Lewis feels that the public should be informed and involved. According to Mr. Campbell, they are looking to build within the City limits, or UGB.

Mrs. Burleson. Mrs. Burleson is in favor of the facility. She has talked to quite a few people and most of them are in favor, although she has received some negative comments. She feels that the Council should move ahead.

Mrs. Robinson. Mrs. Robinson is in favor of the facility. She has received more favorable than negative comments.

Mrs. Doherty. Mrs. Doherty is in favor of the facility and feels that the Council should move ahead. No negative comments received.

Mr. Bowles. Mr. Bowles is in favor of moving ahead on the facility.

Mr. Paustian. Mr. Paustian has had no negative comments. He is in favor of the project and feels this should be settled quickly.

Mrs. Doherty. Toured the facility and talked to people who live there. The facility is a great facility.

According to Mr. Paustian, the goal is to inform people in order to make a decision. Mike Bergstrom asked about the time frame. According to Kevin Campbell, the state operates on a biennial budget and they can only commit funds for the current biennium and a decision has to be made in FY 2009. The facility would have to be ready for occupancy by June 30, 2009. According to Mr. Bogart, the facility can be located anywhere, but they would like community acceptance. The project would have to be underway as soon as possible.

ACTION:

Motion by Mrs. Burleson to proceed with the treatment facility in the City of Heppner and proceed as soon as possible. Seconded by Mrs. Doherty.

In Favor: Buschke, Burleson, Paustian, Robinson, Doherty, Bowles

Opposed: Lewis

Motion Carried.

Mr. Estes commended the City of Heppner Community and thanked them for their process. Mr. Mills also thanked the Council and the Mayor for their decision to move forward.

Meeting Recessed at 8:26 PM. Reconvened at 8:30 PM.

3. Golf Course Report.

Mr. Bogart reported that he and the Public Works Director recently met with the Golf Course Board and are moving forward, although there are still some issues that need to be resolved. They have enough water. There is a fine from DEQ; the amount is unknown.

4. Delinquent Account Collections – Landlord Responsibilities. Mr. Bogart reported that according to Mrs. Eckman, they are making progress. Notices have been mailed to customers and there are 8 or 9 payment agreements that have been activated. All of those who have entered into agreements have met their payments. The balance is down to $16,500 from $22,000. Most non-responsive delinquents are 90 days overdue, and are renters who have left the area, although there are several property owners who have had their service shut off and haven’t paid the bill. Most of the landlords have their tenants put the service in their name. According to Mrs. Spicer, a new ordinance will have to be created if the landlord is going to held liable for the bills. This is for sewer and water charges. Accounts have not been turned over for collection yet. This will be discussed with the Utility Commission. Notices have worked well with the active accounts. Council recommended that notices on past due accounts be sent out after 30 days.

B. NEW BUSINESS.

1. Sublease – Dickinson Chiropractic Space.

Discussion: Mr. Dickinson stated that he has been approached by a licensed massage therapist regarding leasing a room in his office to perform massages. Per his lease agreement, he is required to have Council approval to sublease space. He has not entered into an agreement, but would like the option to do this. He would split the rent amount with the City. Mr. Bogart stated that the Council could approve a sublease for a term. Mr. Dickinson would like to append this to his lease. Mrs. Spicer recommends preparing the contract through the City.

Action: Motion by Mrs. Buschke allow Mr. Dickinson to sublease the space and pay the City 50% of the rent. Seconded by Mrs. Burleson. Motion carried.

Elections. Mr. Paustian stated that packets have been prepared and they can be picked up in City Hall. The packets are due on August 26, 2008; there are five positions vacant, including the mayor. Mr. Paustian stated that experience is important.

3. Property Acquisition. Greater Eastern Oregon Development Committee.

Discussion. Mr. Bogart explained that during an application review there was a piece of property that had a HUD loan against it and was in tax foreclosure. The question arose whether the City would be interested in acquiring the property to preserve the HUD interest which is approximately $21,000. There is about $5,000 in back taxes and another lien against the property from Senior and Disabled Services. When the County takes title to the property, all these liens will go away. This will occur approximately 1 year from this date. Mr. Bowles asked whether the City would want to acquire the property to make a profit. According to Mrs. Buschke, the property needs a lot of work. According to Mr. Sykes, lots in the City sell from $10-15,000. The City would have to negotiate with the County and Senior and Disabled Services. The cost to acquire the property would be $4-7,000. Mr. Bogart stated that a decision would have to be made within 1 year. Mrs. Doherty stated that she is aware of an individual who might be interested in purchasing the property since it is adjacent to their property. Mr. Paustian recommended studying this further before making a decision.

4. Notice from Oregon Department of Transportation, July 14, 2008, Re: Federal Local Bridge Project Selection Results, Sperry Street Bridge (Willow Creek EB) Bridge No. 49B11.

Discussion.

Mr. Bogart reported that this is an $807,000 project. The City’s match would be $82,000. If Council approval is obtained, the project will be scheduled for 2012. The $82,000 would have to be raised by 2012. According to Mr. Bowles, the bridge needs to be repaired and is unsafe. Mr. Paustian recommended taking advantage of this. ODOT needs to be notified of acceptance in the near future.

Action. Motion by Mrs. Doherty to proceed with acceptance of the project. Seconded by Mr. Bowles. Motion Carried.

5. Request from Connie Holmquist to use the City Park on August 12, 2008, 6:30 PM for a birthday party.

Action: Motion by Mr. Lewis to approve the request. Seconded by Mr. Bowles. Motion Carried.

Discussion: Mr. Bogart suggested including these requests in the consent agenda.

6. Request from Pendleton Round-Up Association to have a picnic in the City Park on Saturday, August 16, 2008 after the parade.

Action: Motion by Mrs. Buschke to approve the request. Seconded by Mrs. Doherty. Motion Carried.

7. Request from the Willow Creek Baptist Church to use the Heppner City Park on September 18 from 6:00-8:30 PM.

Action: Motion by Mrs. Doherty to approve the request. Seconded by Mrs. Robinson. Motion Carried.

7. MINUTES OF COMMISSION MEETINGS. Furnished for information)

8. REPORT FROM THE CITY ATTORNEY. None.

9. REPORT FROM MAYOR/CITY COUNCILORS.

A. Mayor Paustian stated that he was pleased with the secure facility decision.

B. Mr. Bowles inquired about the Sheriff’s Department report. This will be discussed in detail at the next Police Commission meeting.

C. Mr. Bogart stated that the Personnel Committee had discussed compensation for on-call duty. They are working on this for the next Council meeting. The Public Works Director would receive an additional $25.00 per month as part of his pay.

D. City Manager. Mr. Paustian stated that according to Mr. De Mayo’s spouse, he has denied an extension of his duty in Iraq. His return date is in December. Mr. Bogart’s contract ends in August. According to Mr. Paustian, a revised contract for Mr. Bogart will be presented at the next Council meeting.

Action: Motion by Mrs. Burleson to authorize a $25.00 per month salary increase for the Public Works Director. Seconded by Mrs. Doherty. Motion Carried.

E. SRTF. Mrs. Burleson asked about the next step in the process for locating the facility in Heppner. Mr. Bogart stated that he will draft a letter advising the proponents of the Council’s decision.

F. SRTF. Mrs. Spicer will research land use regulations and Planning Commission decisions. Currently there is only one member remaining on the Commission. The remaining member is Mr. Jeff Bailey, Chairman.

10. ADJOURNMENT. Meeting adjourned at 9:10 PM.