MINUTES OF THE CITY OF HEPPNER CITY COUNCIL MEETING

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

7:00 PM, February 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

Ann Spicer, City Attorney

David Sykes, Heppner Gazette

Sgt Randy Rayburn, MCSD

ABSENT: Rusty Estes, Heppner Fire Department

Brian Harmon, Public Works Director

MEMBERS OF THE PUBLIC IN ATTENDANCE:

Tammy Malgesini, East Oregonian

Tim Van Cleave

Tom Wolff

1. GENERAL BUSINESS

A) Call to Order: The February 12, 2007 meeting of the City of Heppner City Council was called to order at 7:00 PM by Mayor Leslie Paustian.

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

C) Announcements:

Mayor Paustian presented plaques to Mr. Van Cleave and Mr. Wolff for their past service to the City.

D) Correspondence: None.

2. COMMUNICATIONS FROM THE PUBLIC.

None.

3. CONSENT AGENDA.

A. Approval of the minutes of the January 8, and January 22, 2007 City Council Meetings

B. Resolution No. 559-07, A Resolution Approving Accounts Payable for Payment.

ACTION: Motion by Mrs. Burleson to approve the January 8, and January 22, 2007 minutes and Consent Agenda, to include Resolution 559-07, A Resolution Approving Accounts Payable for Payment. Seconded by Mrs. Doherty (Minutes) and Mr. Baker (Resolution). Motion Carried.

4. REPORT FROM THE FIRE CHIEF.

In the absence of Fire Chief Estes, City Manager De Mayo reported the following actions for January 2007.

8 Page-outs

3 Motor Vehicle Accidents

1 Suspected propane leak

1 House full of smoke

1 Structure Fire

1 Ambulance Assist

1 Mutual Aide to Ione – house fire

The Fire Advisory Committee also met with the Rural Fire Board on February 7, 2007. The following actions were reported:

The RFD/HFD contract was renewed for an additional year.

A grant for a fire engine, pagers, and equipment was approved; the Rural Board will provide the 50% match.

5. REPORT FROM COUNTY SHERIFF’S REPRESENTATIVE.

A. Activity Report. Sgt Rayburn reported that he was gone last month and the report for the contract hours was not included. Mr. Koffler asked about the “Controlled Burns.” According to Sgt Rayburn these are controlled burns conducted within the City. Mr. Koffler also asked about “Public Works” calls and “Records Checks.” Sgt Rayburn stated that these are calls made to the Sheriff’s Department for Public Works assistance after hours and calls made by various government agencies for records checks on individuals. Sgt Rayburn reported that this report includes every call received in the Heppner City Limits. Civil Service calls are for services in the City.

C. Additional Discussion. Mrs. Doherty asked whether anything has been done about the Wenberg’s vehicles behind the Forest Service building. According to Sgt Rayburn, nothing has been done to date.

6. REPORT FROM THE PLANNING COMMISSION. No report since there was no meeting in January.

7. REPORT FROM THE HEPPNER HOUSING AUTHORITY.

Mrs. Buschke was not in attendance at the January meeting. Mr. De Mayo reported that actions taken in January are included in the Housing Authority minutes. Mr. Koffler reported that he has visited the Senior Center. He met with resident manager, Ms. Turner, and also viewed the vacant unit. This unit needs some refurbishing and cleaning. Mr. Paustian stated that if the loan is approved, this unit will probably be rebuilt for handicapped access.

Mrs. Buschke reported that she had received a call from Mrs. Rex. Mrs. Rex was unaware that the Housing Authority owned the Senior Center and that some of the paperwork for the refinancing will need to be redone to reflect this. According to Mr. De Mayo, City Attorney Kuhn had informed him that the property was turned over to the Housing Authority for tax purposes. Mr. Baker asked if this would be a problem with the pending grant/refinance. According to Mr. De Mayo it will not be a problem.

8. PUBLIC HEARINGS.

Public Hearings opened at 7:20 PM.

A. Nuisance Hearing – 375 Aiken Street. Mr. De Mayo reported that the tenants have been evicted from the property. The owner (Mr. Martin) will handle the cleanup process. Sgt Rayburn has been working with Mr. Martin.

B. Ordinance Revising Nuisance Ordinance Abatement Enforcement Procedures and Declaring an Emergency.

Discussion. Mrs. Spicer reported that the ordinance has been revised to simplify the process and will not require actions to come before the City Council first. The occupants can be cited directly and given a time frame to clean up. If the property is not cleaned up with the time frame, charges can be filed without being brought to the Council. If the occupants are unhappy with the notice for some reason, they have the right to appeal it to the City Council. This should simplify and speed up the process. Penalties are not set forth in the ordinance. According to Mrs. Spicer, the City Code is referenced and a Class B infraction may be assessed.

Public Hearings closed at 7:25 PM.

9. COUNCIL ACTION.

A. Resolution No. 560-07, A Resolution Declaring Certain Property a Nuisance and Ordering Cleanup of Property, 375 Aiken Street, Map No. 2S 26 26CC, Tax Lot #500, County of Morrow, City of Heppner.

Action: Motion by Mr. Koffler to adopt Resolution No. 560-07, A Resolution Declaring Certain Property a Nuisance and Ordering Cleanup of Property, 375 Aiken Street, Map No. 2S 26 26CC, Tax Lot #500, County of Morrow, City of Heppner. Seconded by Mrs. Robinson. Motion Carried. (Note: This Resolution is adopted under the previous ordinance).

B. Ordinance No. 560-07. An Ordinance Revising Nuisance Ordinance Abatement Enforcement Procedures and Declaring an Emergency.

Action: Motion by Mr. Baker to pass Ordinance No. 560-07 as presented. Seconded by Mrs. Buschke. Motion Carried.

10. MINUTES OF COMMISSION MEETINGS.

The minutes were reviewed by Council Members. Mr. Koffler noted that he is new to the Utility Commission. Mrs. Buschke stated that Dorris Graves has resigned from the Housing Authority.

11. REPORT FROM THE PUBLIC WORKS DEPARTMENT.

A. In the absence of Mr. Harmon, Mr. De Mayo reported that the digester at the sewer plant has been drained and there is about 8 ft. of sludge remaining on the bottom. A crew from Portland has been hired and will be in Heppner tomorrow to clean this. It has never been cleaned. This has cut the efficiency of the plant. Mr. De Mayo gave a detailed explanation of the digester. When the plant was previously rebuilt, a mixer was not installed in the digester. Mr. Paustian stated that the consistency of the mixture remaining is similar to wet bricks and the material is 8 ft. thick. According to Mr. Paustian, the cleanup is going to be rather expensive. He feels that the public should be invited to physically view the plant. Mrs. Burleson suggested that the public needs to be informed of the problems that will occur in the future. Mayor Paustian recommended that an article be published in the newspaper.

Mr. De Mayo stated that a communiter that was installed several years ago does not operate properly and Ken Bailey has been asked to do some work to make the communiter operational. According to Mr. Paustian, the whole working mechanism has been neglected.

12. CITY MANAGERS REPORT.

1. CSEP Radio Network. Radios have not been purchased for the fire department and public works.

2. Strategic Plan/Leadership Training. This will be discussed in the future.

3. Excess Property. Mr. De Mayo reported that during the cleanup of the Public Works shop this property was identified as excess. Lexington and Ione have expressed an interest in the property which consists of parts that are no longer needed by Public Works. Mr. De Mayo suggested giving this property to them for no charge. Mr. Baker asked if the property could be sold. Mr. Koffler asked about a dollar amount for the property, and Mr. De Mayo estimates the value is about $1500. Most of this property is obsolete repair parts for the water and sewer system. Mr. Baker asked about the possibility of selling the property for $500. He then stated that the property could be given to Lexington and Ione free gratis.

Action: Motion by Mr. Koffler to donate this property to the two communities in the Willow Creek Valley at no charge other than removing the property. Seconded by Mr. Baker. Motion Carried.

4. 375 Aiken Street. Discussed earlier.

5. Litigation with Moore Construction. Will be discussed in Executive Session.

6. Ratification of Housing Authority’s choice of architect using the Request for Qualification (RFQ) process. Mr. De Mayo explained that the RFQ process is different than a Request for Proposal (RFP).

7. National Day of Prayer. Mr. De Mayo stated that he has been approached about using the City Hall for this. Mr. De Mayo recommended using the Senior Center for this. Mr. Baker feels that using the Senior Center would avoid a debate. Mr. Van Cleave stated that this is a national function declared by the Federal Government. Mr. Koffler stated that he feels the Senior Center location is a good compromise.

8. Current bond for City Manager and City Treasurer. Mr. De Mayo stated that the current bond is $5,000 each, and that the Council may want to consider raising this. Mr. De Mayo will check with Nancy Snider as to the cost for higher coverage. Mayor Paustian discussed D and O insurance for Council Members. This covers Council members for liability for any decisions they might make. All Council members are covered.

9. Resolutions. Two resolutions are included under New Business. One resolution is regarding hiring a professional management company for the Senior Center and the other pertains to the approval for the grant/loan package with Oregon Housing and Community Service. A third resolution establishes rotation among realtors as a fair way of handling any real estate transactions for the City.

10. Replacement for City Treasurer. Mr. De Mayo reported that there were ten applicants for the position; five were selected for interviews. A decision should be made this week.

B. Old Business. None.

C. New Business.

· Resolution No. 561-07, A Resolution Approving the Application to Oregon Housing and Community Services for Financial Assistance and Authorizing the City Manager to Sign the Same.

Discussion: Mr. De Mayo stated that he will redo this resolution to reflect the Housing Authority as an additional signer on the document. Mrs. Spicer stated that this is allowed.

Action: Motion by Mr. Koffler to approve a resolution approving the application to Oregon Housing and Community Services for Financial Assistance and Authorizing the City of Heppner and Heppner Housing Authority to sign the same. Seconded by Mr. Baker. Motion Carried.

· Resolution No. 562-07, A Resolution Acknowledging the Requirement of Managing the Heppner St. Patrick’s Senior Center through a Professional Management Organization.

Discussion: According to Mr. Paustian, this is a requirement for the financing for the Senior Center. Mr. Baker asked what this would entail. According to Mr. Paustian, this would entail setting the rent rates, screening applicants for residence, and collecting rents and paying bills which the City currently does now. According to Mrs. Spicer the cost of this would be tied in with the grant.

Action: Motion by Mrs. Burleson to accept Resolution No. 562-07, A Resolution Acknowledging the Requirement of Managing the Heppner St. Patrick’s Senior Center through a Professional Management Organization. Seconded by Mrs. Doherty. (Note: Housing Authority will be included as a signer on the Resolution). Motion Carried.

· Resolution No. 563, A Resolution Establishing a Policy of Rotation among Licensed Realtors in Heppner, Oregon.

Action: Motion by Mr. Baker to accept Resolution 563. Seconded by Mrs. Robinson. Motion Carried.

· A Motion to Accept the RFQ Results of the Housing Authority Board.

Action: Motion by Mr. Koffler to accept the RFQ Results of the Housing Authority Board. Seconded by Mrs. Robinson. Motion Carried.

· Motion to Declare Certain Property as Excess.

Action: Motion by Mrs. Doherty to declare the property as excess. Seconded by Mrs. Robinson. Motion Carried.

· A Motion to Pay the Cascade Management Invoice.

Discussion: Mr. De Mayo recommended postponing any action on this until next meeting. This is a state requirement as part of the application process for grants for the Senior Center. Residents are aware of this. Mr. De Mayo is collecting the completed paperwork from residents. Mr. Sykes asked if this is a new policy. According to Mr. De Mayo, it is. Under the OH&CS program, the facility would become a “low income” facility.

Action: Postponed until a future date.

13. REPORT FROM THE CITY ATTORNEY. No report.

14. REPORT FROM MAYOR/CITY COUNCILORS. Nothing to report.

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 8:10 PM.

Executive Session adjourned at 8:43 PM.

Council Meeting adjourned at 8:45 PM.