THE CITY OF HEPPNER CITY COUNCIL MEETING

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

7:00 PM, August 14, 2006

 

ATTENDEES:

 

Mayor Tim Van Cleave

City Manager, Dave DeMayo

Judy Buschke

George Koffler

Tom Wolff

Kay Robinson

Cindi Doherty

 

Bruce Nelson, Public Works Director  

Ann Spicer, City Attorney

Dave Sykes, Heppner Gazette

Sgt Phil Morris, MCSD

Absent:

Glenn Baker

Rusty Estes, HFD

Sgt Randy Rayburn, MCSD

 

Members of the Public:

 

Jeff Bailey

Nancy Snider

Tina Palmer

Spencer Palmer

Seth Palmer

Joe Miller

 

 

I.  Call to Order/Agenda Additions or Deletions

 

The July 10, 2006 Meeting of the Heppner City Council was called to order at 7:00 PM by Mayor Tim Van Cleave.

 

    A.  Mayor Van Cleave led attendees in the Pledge of Allegiance to the Flag.

 

    B.  Additions to, or deletions from the agenda.  City Manager noted that Heppner Day Care is deleted from the agenda (Item III, C).

 

II.  Consent Agenda.  

 

 

    B.  Accounts Payable (the bills):  Resolution No.645-06.  (Monthly Financial Statement is for information only.)

 

Motion by Mr. Wolff to approve the July 10, 2006 minutes as presented, along with the rest of the consent agenda.  Seconded by Mrs. Robinson.   Motion Carried.

 

Mrs. Robinson and Mrs. Doherty abstained on approval of the minutes since they were not in attendance at the July 10, 2006 meeting.

 

III.  Public Comment and Presentations

 

 

    B.  Nancy Snider – Wheatland Insurance:  CCIS Claim(s).  Mayor Van Cleave announced that Ms. Snider, Wheatland Insurance, is attending the meeting to update the Council on the claims that occurred at the Senior Center last April.  Ms. Snider explained that the City’s insurance is through the City County Insurance Services (CCIS) pool.  The pool is composed of members, for the members.  The governing board is composed of all public entity people.

 

Ms. Snider explained the deductible and how it is applied.  The deductible is per occurrence and any time there is an occurrence, a deductible applies.  This means that the deductible applies each time there is a loss.  There were four losses reported at the Senior Center.  Ms. Snider has been working with the insurance, the pool people, underwriter, and the claims people since the inception of this.  She has been concerned about a lot of things that happened in terms of what the problem was and how to get it fixed.  Her main concern was to determine what caused the problem and how to get it fixed so that tenants could move back into their apartment.  

 

In the beginning, there were questions on what caused the problem with the flooding in Apartment 129.  Work was done to correct the original problem.  By the time the second loss occurred, it became apparent that the first loss was not diagnosed properly.  Finally after the review of the claim, the claims adjuster and manager reviewed the information and agreed that the City will only be charged two deductibles instead of four.  The City will be reimbursed from the initial charge by $3,021.  The problem has been fixed.  

 

The insurance does not pay for the fixing of the problem, only the resulting damage.  Theoretically, the City should have paid $2,000.00 for deductible.  The damage on the third floor was from prior damage.  The final figures are not in yet.

 

Mrs. Snider explained what the City has been paid to date.  This included rent for Mr. Mc Robert’s motel stay; meals were not covered.  

 

Mr. Koffler asked for clarification on what was covered by the insurance.  According to Ms. Snider, the drain repair was not covered.  The insurance would cover restoring the building back to where it was.  This was a unique situation.  

 

The loss ratio has not been calculated yet, and Ms. Snider cannot guarantee that the premium rates will not increase at this time.  Mr. Wolff asked about the carpeting and Ms. Snider stated that the carpet has been replaced in Unit 129.

 

IV.  Public Hearings and Council Action.  

 

Public Hearings opened at 8:15 PM.

 

    A.  Request for Special Exemption – Public Contracting.

 

Discussion:  City Manager De Mayo explained the details of this item.  He stated that he has complied with the regulatory requirements, i.e., Public Notice of the hearing in the Heppner Gazette.  He explained that in the City’s Code, Public Contracting ordinance, 550-05, there is a section on Public Contracts which states that the City of Heppner City Council on its own initiative or upon request of the purchasing manager may create special selection evaluation and award procedures for or may exempt for competition the award of a specific contract or class of contract.  The basis for approval is as follows:

 

    The nature of the contract.

    The cost.

    Findings to support cost savings or quality of performance or other public benefit.

    Findings to support the reason that it would be unlikely to encourage favoritism or diminish competition, or would otherwise promote the public interest in a manner that would not practically be realized.

    Description of the proposed alternative contract method and estimated date by which it would be necessary to let the contract.

 

A hearing is required to approve this and Public Notice has been published as required.

 

Mr. De Mayo outlined his reasons for the Council.

 

    1.  The contracts involved would be within the $5,000 amount which can be approved by the purchasing manager.

    2.  The number of firms in the Heppner City Limits or nearby (within 50 miles) that could competitively bid for the type of work are non-existent.  The only firm in town that could do the work is Bailey Heavy Equipment and Repair, Inc.  

    3.  This firm has previous performance with the City and has demonstrated quality workmanship.

    4.  This firm is assumed to do a good job because it has a reputation in the community to uphold.

    5.  The efficiency and speed of coordination would be enhanced.

 

The work would involve three projects:

 

    1.  Storm Drain on Baltimore Street.

    2.  Drainage problem at the Public Works Building.

    3.  Hill Street alleyway slope failure which is adjacent to a City street.

 

Mr. Van Cleave stated that the bottom line is that this is being done so it doesn’t have to go out for bid.  According to Mr. De Mayo there is no other firm in the community that can do the work.  

 

Mr. Koffler asked if this procedure allowed Mr. De Mayo to use whoever he wants as long they are in the City or does it require him to use the one contractor.  Mr. De Mayo stated that action is restricted to the three jobs stated.  

 

Ms. Spicer stated that to protect the City, Mr. De Mayo should call each business and have them give estimates.  However, Mr. Miller, owner of Miller & Sons Excavating stated that at this time, Miller and Sons would not be able to respond in a timely manner.  He would like to be called for any future work, and that he has all the equipment necessary to do this type of work.  

 

    B.  Vacation of Race Track Street.  

 

Discussion:  According to Ms. Spicer this action is a formality and needs to be done and cleared up.  An ordinance is required and has been published.  Ms. Spicer read the proposed ordinance.  This was published previously, but action was delayed due to the lack of a legal description.

 

    C.  David Sykes – Heppner Gazette Times.  

 

Discussion:  Mayor Van Cleave stated that Mr. Sykes is in attendance to discuss damage to his property from water run-off.  Mr. De Mayo stated that the Utility Commission approved the repairs requested by Mr. Sykes and Council approval is necessary.  Mr. De Mayo stated that the Gazette Times’ building has sustained damage from water because the surfaces between the Public Works shop and the Gazette building are impermeable and water cannot be absorbed and as a result, the water runs into the Gazette building.  The method discussed between Mr. De Mayo and Ken Bailey, Bailey Heavy Equipment, was to catch the water in the gutters off the buildings and run it out to the curb.  The proposed solution is broken down into two parts; one for the Gazette and one for the City.  Mr. Sykes petitioned the Utilities Commission to have his portion paid for by the City since he purchased the property not knowing that the building was frequently flooded.  The Utilities Commission recommended the repair contingent upon Council approval.

 

Mr. Sykes explained that he does not feel that he has the responsibility to take care of the storm water from the City.  There is a two-part solution that Ken Bailey proposed, but it was never stated that part of it was the Gazette’s responsibility.  He was under the assumption that the Utility Commission voted to do both parts which was to take care of the drain behind the Gazette and route the water to the storm sewer which is mis-designed.  He has been flooded many times and has documentation to prove this.  He feels this is a City problem because it is the City storm water.  Mr. Van Cleave stated that the City has responsibility to take care of their water.  He stated that the water in question is a result of unusual downpours and the water in question is the water in the alley.  Mr. Wolff stated that it was his recollection that the City was going to take care of this problem.  Mr. Wolff added that when Mr. Sykes was negotiating the purchase of the building he had questioned the water situation.  According to Mr. Sykes, he was told by the previous City Manager that there was a minor drain problem at times.  He had talked to Mr. Bailey and these two items were the way to solve the problem.  Both bids were under the $5,000 total.  Mr. Van Cleave asked about the proposal for solving the drain problem.  According to Mr. Sykes, Ken Bailey had submitted a proposal for solving the problem.  

 

Mr. De Mayo has worked with Bailey’s to come up with a solution.  Mr. Van Cleave stated that the problem was worse this year due to the unusually heavy rains.  Mr. Koffler asked if there were sump pumps in the building and Mr. Sykes stated that he had installed pumps.  After discussing the problem further, Mr. Koffler stated that he feels this is a City problem.  Mr. Van Cleave stated that it would be a good gesture from the City to reimburse Mr. Sykes for some of his loss.  Mr. De Mayo had felt that Mr. Sykes should pay for part of the problem.

 

Public Hearings Closed at 8:50 PM.

 

COUNCIL ACTION.  

 

     A.  Request for Special Exemption – Public Contracting.  

 

Motion by Mr. Koffler to approve the special exemption for public contracting for the three jobs mentioned with the understanding that in the future any other contractor situated in the Heppner area be given an opportunity to bid.  Seconded by Mrs. Buschke.  Motion Carried.

 

    B.  Vacation of Race Track Street.  Motion by Mrs. Doherty to approve an Ordinance Vacating Racetrack Street Between Hager Street and Matlock Street and Vacating a Portion of Matlock Street in the City of Heppner, Morrow County Oregon, Ordinance No. 551-06.  Seconded by Mrs. Robinson.  Motion Carried.

 

    C.  David Sykes – Heppner Gazette Times.  Motion by Mr. Wolff that the Council approve retaining Bailey Heavy Equipment to perform the two bids submitted to the City to correct the issues behind the City shop and the Gazette Times Building.  Seconded by Mrs. Buschke.  Motion Carried.

 

V.  Reports.  

 

 

    B.  MCSD.  Sgt Morris stated that he is attending the meeting for Sgt Rayburn.  He reported the following:

 

        1.  Complaints from citizens on speeding by MCSD personnel when leaving town.  Sgt Morris stated he is addressing this next month at their training.  He asked if anyone has any further problems on this issue to call the Sheriff’s department.  Mrs. Doherty mentioned that the fire vehicles have been speeding when they go out of town.  Sgt Morris will bring this up to Chief Estes, with approval by the Council.  

 

        2.  Code Enforcements.  Sgt Morris reported that there are two cases being worked by Deputy Bowles.  One is on Cowins Street and one at 440 Water Street.  Deputy Bowles is working with the property owners.

 

        3.  OLCC Permits.  MCSD Approved the liquor license renewals with no complaints.

 

        4.  Sgt Rayburn has things lined out for the rodeo parade and there will be MCSD coverage for the rodeo.

 

        5.  Mr. Van Cleave stated that John Gochnauer had informed him that he was pleased with the Sheriff’s department response to a robbery he experienced recently.  

 

    C.  Public Works.  Mr. Nelson asked for questions on the Public Works report.  Mr. Koffler asked about the paint on some spots in town near Matlock Street.  According to Mr. Nelson, this was for replacing patches on Matlock due to a sink hole that broke through.  Mr. Koffler wondered if the patches are going to be done this summer.  According to Mr. Nelson, he hopes they will be done, contingent upon Blue Mountain Asphalt’s schedule for Heppner.  

 

Mr. Van Cleave asked about the telemetry system.  According to Mr. Nelson, parts were ordered and the repair completed.  They are working with a specialist on solving the problem.

 

    D.  Planning Commission.  No report.

 

    E.  Housing Authority.  Mrs. Buschke reported that repairs and a rent increase were discussed at the last meeting.  This was put off until Mr. Koffler reported on finance details.  Mr. Koffler asked about vacancies.  Mr. De Mayo reported that one renter is coming in and this will leave two vacancies.  

 

Mr. Koffler reported that after the last Council meeting he contacted Darlee Rex who has done work for Pilot Rock and Athena.  She has worked with the State and in cooperation with the Dept. of Housing (Bruce Buchanan).  Ms. Rex has found out that any of the available monies are predicated on having income banding for low and moderate income people living in the center.  In order to get any of these funds, the Housing Authority would have to make some modifications to their rules on residency.  Mr. De Mayo will meet with Mr. Buchanan on August 22 to inspect the apartments.  One of the things he wants to look at are capital improvements to included in part of the refinancing package.  Mr. Koffler asked if Mr. Buchanan had talked to Mr. De Mayo about changing the rules for occupancy as far as income limits.  Mr. Koffler stated that there might be some specifications on income rules.  He suggested that the Council wait until after Mr. De Mayo’s meeting with Mr. Buchanan before submitting a proposal.  Mrs. Buschke stated that she doesn’t think this would displace many of the residents.  According to Mr. Koffler, Ms. Rex has talked to the Ford Foundation and Meyer Memorial and both of them stopped her when the units were not low to moderate income.  He would recommend we wait until Mr. Buchanan has talked to Mr. De Mayo and then go back to Ms. Rex to see if there are funds available.  Mrs. Buschke reported that the residents are also working to raise money and that there had been an anonymous donation to the center.

 

According to Mr. Wolff, the goal is not to get more money to do more with, it is to replace existing debt.  Mr. De Mayo stated that part of this is to build up the reserve.  Mr. Wolff stated he has concerns on the fact that if we can’t afford the payment now, how can we afford additional debt?  

 

Mr. De Mayo discussed the janitorial issue.  Nolan Janitorial’s contract has not been renewed.  Kathy Turner had stated that she would do the janitorial work for $15.00/hour.  This would amount to $4400.00 per year.  The budget for this year for this service was $5200.00 per year.  Nolans has been paid $435.00 for July which leaves $4765 for the remainder of the year, excluding carpet cleaning, windows, and waxing and buffing.  Mrs. Buschke stated that she would like to see Ms. Turner do the work and try it for six months since she has been doing a lot of the cleaning already on her own initiative.  According to Mr. De Mayo, the $4765 is not enough to cover the cleaning for the year since it does not include cleaning supplies and the other necessary work such as the windows, carpet cleaning, etc.  The only way that Ms. Turner could do the work is to be a City employee.  No other alternatives have been discussed.

 

The issue of enforcing the City personnel policy was discussed and Mrs. Buschke volunteered to discuss this with Ms. Turner.  Mrs. Buschke also recommends approval of Ms. Turner for the position.  

 

Motion by Mr. Wolff to go forward with the proposal for a six month trial period.  Seconded by Mrs. Buschke.  Motion Carried.

 

    F.  City Manager.  

 

        1.  Elections.  Mr. De Mayo discussed the duties of the Mayor.  Possible candidates for Mayor were discussed.  Mr. Koffler stated that a person with experience is needed to serve as Mayor.

 

        2.  RDI.  This issue does not apply and was not discussed.

 

        3.  Reservoir behind the hospital.  Mr. De Mayo has discussed this with Judge Tallman, Greg Sweek, and Karen Wolff.  The feeling of the County Assessor and Judge Tallman is that the contract is ambiguous and they recommended putting the reservoir back on our insurance policy so that someone will have liability during the interim.  They will task the District Attorney to resolve the issue on how to handle this with the court.  

 

        4.  Council tour of City facilities.  Council will set a date for this year’s tour (under Old Business).

 

        5.  Linden Way Sidewalk Project.  Mr. De Mayo will meet with the ODOT engineer and Mr. Jones to discuss the inspection standard and the issue with gravel.  The price of the gravel went up during the contract period.  Mr. Koffler asked about this since that the contract was bid for a specific amount and that this is not the City’s problem.  Mr. Wolff stated that he had walked the sidewalk and is pleased with it.  Mr. Koffler had an issue with the one fire hydrant in the middle of the sidewalk.  According to Mr. Nelson the hydrant was installed during the water project.  Mr. De Mayo will discuss the gravel issue with the engineer.

 

        6.  Flash Flood Exercise.  Self-explanatory.  

 

        7.  Cougar Mountain Software.  Mr. Koffler asked if the software is capable of giving a month to date and a year to date variance report against the budget.  According to Mr. De Mayo there are three items that are of concern and he has discussed this with Ms. Devin, City Treasurer.  Mr. De Mayo stated that he uses two reports for monitoring the budget.  In answer to Mr. Wolff’s question as to whether the City is in line with the budget.  Mr. De Mayo stated that so far things are under control.

 

        8.  Ford Family Leadership Program.  Mr. De Mayo has discussed this with RDI on this.  RDI is the organization that Ford Family Foundation uses to execute the program.  His understanding is that this is a five-year commitment, but needs to obtain more information.  Mr. Koffler stated that he had attended several meetings on this and it was very useful.  Mr. De Mayo stated that there were attendance problems for Morrow County in the past.  Mr. Koffler feels that this should be looked into further.  

 

        9.  Morrow County Mayors will meet on August 17, at 6:30 PM in Ione.

 

    G.  City Attorney.

 

Ms. Spicer reported that they have not received a response to the letter they sent to the attorney for Moore Excavation.  Mr. Koffler stated that he thought the City Attorney’s letter was very well written and that there were some dates that were not in keeping with the terms of the contract.

 

    H.  Council Issues.  None.

 

V1.  Old Business.

 

 

Motion by Ms. Robinson to renew the liquor licenses as requested.  Seconded by Ms. Doherty.  Motion Carried.

 

    B.  September date for City Council walk-through of facilities.  

 

Discussion:  Mr. De Mayo had recommended touring the water systems and Public Works shop.  Mr. Nelson suggested touring the reservoirs and the shop.  This would take approximately 1.5 hours.  Council members agreed to have the tour on September 12, 2006, from 11:30 AM to1:00 PM with lunches provided.  

 

VII.  New Business.

 

    A.  Resolution No. ______, Apartment Manager Assumption of Janitorial duties at Senior Center.  This item was handled under the City Manager’s Report.  No resolution was required.

 

    B.  Opening and Awarding of Bids:  Surplus Property, Sewer Plant Doors.

 

Discussion:  The sewer plant doors are for the back side of the sewer plant.  These rusted out and need replaced.  They will be metal doors.  Bids are as follows:

 

    A.  Surplus Property:  

 

    Miller 406 400 amp Welder:

 

    Miller & Sons Welding, Inc.        Bid Amount:  $327.00

    Jim Roy                    Bid Amount:  $550.00

 

Action:  Motion by Mr. Koffler to accept the Bid from Jim Roy in the amount of $550.00 for the Miller 406 400 amp Welder.  Seconded by Mrs. Robinson.  Motion Carried.

 

    B.  Sewer plant doors:

 

    Jay Keithley                Bid Amount:  $1142.50

    Dave Piper                Bid Amount:  $2525.00

 

Action:  Motion by Ms. Doherty to accept the low bid from Jay Keithley in the amount of $1142.50 for replacing the doors at the sewer plant.  Seconded by Mr. Koffler.  Motion Carried.  

 

Note:  No bids were received for the old police car nor the welder in the shop.  According to Mr. Wolff, the Council can direct the City Manager to dispose of the items in the best manner possible.  Mr. Nelson stated that Randy Sample might be interested in purchasing the vehicle.

 

VIII.  Minutes of Commission Meetings.  

 

Discussion:  

 

Mr. Koffler commented that the City crew has made very good progress on Hager Park and the Old Pool Site.

 

Mrs. Robinson asked about vines and weeds growing out over the sidewalks throughout town.  Mr. De Mayo asked for the addresses and will contact the property owners.

 

Mr. Wolff commented on trees that restrict views on Barratt Blvd.  There are also shrubs and trees on Willow Street between Court and Gilmore Streets that restrict views for traffic.

 

Mr. Koffler commented that there was a home on Court Street that needs attention (Waite property).

 

Mr. Van Cleave stated that Councilor Baker had asked him to bring up the fact that Heppner Garbage Service’s pickup and the fact that there were not notices posted on Channel 3 when scheduled pickup dates are changed.

 

Mrs. Buschke thanked the City for having the park in such good condition for the 1956 Class Reunion.

 

Mrs. Robinson stated that the water from the sprinkler system on the City Park was going out into the street.  Mr. Nelson agreed to have this adjusted.

 

Meeting adjourned at 9:10 PM.