MINUTES OF THE CITY OF HEPPNER CITY COUNCIL MEETING
HEPPNER CITY HALL, 111 N. MAIN STREET, HEPPNER, OREGON
7:00 PM, April 9, 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
 
Brian Harmon, Public Works Director
Anne Spicer, City Attorney
David Sykes, Heppner Gazette
Sgt Randy Rayburn, MCSD
Rusty Estes, Heppner Fire Department
 
Absent:  George Koffler
 
MEMBERS OF THE PUBLIC IN ATTENDANCE:
 
Jerry Healy
Burke O’Brien, MC Public Works
Jack Thompson, MCSD
Todd Lindsay
 
Ken Turner
Bob Nairns
Ken Grieb
Sandra Putnam, MC Public Works
 
1.  GENERAL BUSINESS
 
    A.  Call to Order:  The April 9, 2007 meeting of the Heppner City Council was called to order at 7:00 PM by Mayor Les Paustian.
 
    B.  Pledge of Allegiance.  Mayor Paustian led Council members and attendees in the Pledge of Allegiance to the Flag.
 
    C.  Announcements – Agenda Additions.
 
        1)  Mayor Paustian presented Public Works Director, Brian Harmon, with an award from the Pacific Northwest Section of the American Water Works Association for Operator of the Year.  
 
        2)  Mayor Paustian announced that the Junior and Senior High School will be closed on May 4, 2007, in order to hold a Town Cleanup Day.  The main concentration will be on civic projects.  Supervision will be provided by the teachers.  However, additional volunteer supervisors are needed.  Mr. Paustian stated that the City has several projects to be worked on.  Mr. Paustian also would like names of elderly people who are unable to do their own yard work.  Wilbur Jackson was mentioned as a candidate for this since he has done quite a bit of volunteer work for people in the past and is now unable to do work on his own property.
 
        3)  Mr. De Mayo announced that an additional issue will be discussed during Executive Session, Personnel Issue, ORS 192.660 C, the consideration of general employment policies.
 
2.  COMMUNICATIONS FROM THE PUBLIC.
 
    A.  Mr. Burke O’Brien – Proposed County Road Levy.
 
        Mayor Paustian announced that Mr. O’Brien from Morrow County Public Works is in attendance to discuss the proposed road levy.  
 
Discussion:
 
Mr. O’Brien stated that the road levy will appear on the May 2007 Ballot.  One of the key issues is the fact that a 50% voter turnout is required at a 50% majority.  It is extremely important that there is as much voter participation as possible.  The levy will be for four specific projects which will address roads that are priority, but have been hard to find outside funding for.  With the recent loss of timber revenues, it is more difficult to complete the projects.  If the proposed levy is passed, each of the projects can be completed by the end of 2012.  Additionally, the rest of the road system can be maintained without sacrificing maintenance that is desperately needed.  These projects will greatly improve safety on the roads for emergency response equipment as well as school bus traffic.
 
All the projects will be done by Morrow County personnel, contract work or materials needed for the project will be purchased and contracted locally whenever possible in order to keep the tax dollars at home.  The funds for the projects will be kept separately in an account set aside for this purpose only.  The projects will operate out of a separate budget entirely as costs are tracked.  A very close budget for each project has been established.  The primary goal is to stay on budget and on schedule.  Over the past 10 years nearly two five-year road plans have been completed.  However, they are close to a 10 year rotation cycle on these roads which requires chip-sealing and other maintenance.  They would like to have a complete road system that crews can maintain and preserve for the future.
 
During this process, the Cities will also receive funds from the levy each year to address some of their road needs.  Heppner will receive $36,383.91 per year for a five year total of $181,953.20.  Mr. O’Brien also outlined the funds to be received by Ione, Lexington, Irrigon, and Boardman.
 
Mr. O’Brien explained that the tax levy is for $10 million, or $2 million per year.  The tax rate is $2.60 per $1,000.  An existing school bond was paid this year, and this will offset part of the $2.60.  The additional amount to be included will be $.92 which is included in the $2.60..  
 
Mr. O’Brien explained that Sandhollow Road is scheduled for the Heppner area.  The other projects are primarily in the Boardman/Irrigon areas.  Mr. O’Brien distributed information on projects completed in previous years.  In the past five years, project costs have increased dramatically.  The first year project will be Sandhollow Road.  Paving will be done the second year.  According to Mr. O’Brien, right of way issues are not a major problem in the South end of the County.  Information on the complete project is available on the Morrow County Web site at http://morrowcountyoregon.com.  
 
Comments from Council:
 
Mrs. Burleson.  Stated that she has noted that a great deal of the money spent in Morrow County goes to the North end.  She feels that the South end of the County should have more attention.  
 
Mr. Paustian.  Asked whether this would be more expensive with the increased cost of oil and why the roads have not been put back to gravel.  According to Mr. O’Brien, some of the roads have been converted back to gravel.  There are some roads that still need to go back to gravel.  
 
Mrs. Burleson.  Asked how the decisions were made.  According to Mr. O’Brien, traffic and truck traffic were considered.
 
Mr. Turner.  Mr. Turner stated that some of the roads have not been worked on since 1985.  Sandhollow road needs to be repaired.  He would like to see a positive vote on this issue.  
 
Mr. Paustian.  There are a lot of roads in the area that need repaired.
 
Mrs. Burleson.  Has concerns on where the major money is being spent in the County.
 
Mr. Baker.  Feels that the project was presented very well to get the information to the voters.  
 
Action.  No Council action was taken and the issue was tabled for the time being.
 
    B.  Mr. Jack Thompson, Principal, HES.
 
Discussion:  Mr. Thompson stated that he was disheartened by the action taken by the Council last month.  He would like the Council to entertain closing Stansbury Street and extending Elder Street during the highway renovation.  He would like to cooperate with ODOT on this to see if something can be worked out wherein Heppner could contribute in-kind expenses and thus lower costs for ODOT.  
 
According to Mr. Thompson, the posts at the entry to the new gym are 1.5 – 2 feet wide which would conceal a child hiding behind them.  This is a safety issue.  He has observed students crossing Stansbury Street without looking, and thinks the relocation issue should be considered further.  He would like the Council to allow the City Manager to research the project further and work with ODOT to entertain the concept of extending Elder Street to the highway and closing Stansbury Street.
 
Mrs. Burleson asked if closing Stansbury Street during school hours would be helpful?  According to Mr. Thompson, this would help, but is not a solution.  Mrs. Burleson asked about posting signs stating that the street was closed during certain hours and whether this would help.  She would like to see if this would help and also cut costs.  Mrs. Burleson is concerned about funding.  Mr. Thompson would like to investigate a “give and take” on the relocation project to keep costs low.  
  
Mrs. Spicer stated that this is the third time in the last 10 years that this issue has come up.  Mr.  De Mayo stated that he feels that rubber safety cones with ropes could be installed to close the street, but allow emergency vehicles to go through the area.  Mr. Estes stated that in 1994 this issue was brought up.  At that time, the State would not allow Stansbury closed at any time since two areas for ingress and egress were required.  Mr. Estes agreed to investigate this further.  
 
Mr. Paustian asked about the previous installation of stop signs and could they be installed permanently until a satisfactory resolution is reached.  Mrs. Doherty stated that she doesn’t have a problem if this doesn’t cost the City any money.  
 
According to Mr. Paustian, he doesn’t want to see the City Manager get so involved with this problem that his other duties are not being done.  Mr. Thompson stated that ODOT is still interested in working on this.  Mr. Baker feels that safety is a major concern, but that the City should approach this with the fact that the City does not have funds for this.  He also wondered if ODOT had stated that they have no project money for this type of thing.  According to Mr. Thompson, they have not, but asked what the school district and City could provide as far as in-kind contributions.  Mr. Paustian stated that there are a lot of questions that need to be answered, but that the City does not want to get Mr. De Mayo “tied up” in this.  Mr. Paustian stated that the City does not have funds available.  
 
Action:  Motion by Mrs. Doherty that Mr. De Mayo be allowed to pursue this for a limited time as long as it doesn’t cost the City any money.
 
Discussion:  Mrs. Burleson asked for the exact location of the proposed road.  According to Mr. Thompson, it would go up Elder Street across the parking lot next to the tennis court and meet up with the highway.  
 
Seconded by Mrs. Robinson.
 
Question:  In Favor – Doherty, Robinson, Baker, Paustian.
              Opposed – Buschke, Burleson
Motion Carried.
3.  CONSENT AGENDA.
 
    A.  Minutes of City Council Meeting, March 12, 2007.
    B.  Resolution No. 667-07, A Resolution Approving Accounts Payable for Payment –April 2007.
    C.  Monthly Financial Statement.
 
Action:  Motion by Mrs. Robinson to approve the Consent Agenda as presented.  Seconded by Mr. Baker.  Motion Carried.
 
Comment:  Mr. De Mayo stated that a bill for the sound system is included in the accounts payable; additional equipment is on order.  Adaptations to allow the Council tables to be angled have been ordered from Bob Hager.
 
4.  REPORT FROM THE FIRE CHIEF.
 
Fire Chief Estes reported that March was a very light month.  The following was reported:
 
    2 Structure Fires
    2 Secure heliport
    1 MVA
    21 Calls from MCSD
 
He also reported that this year they had the biggest crowd that they have ever had for the St. Patrick’s breakfast.  They served 509 people vs. 317 in past years.
 
5.  REPORT FROM COUNTY SHERIFF’S REPRESENTATIVE
 
    A.  Activity Report.  Sgt Rayburn reported that they had 405.5 hours this month.  Mrs. Burleson asked what Code Enforcement meant.  According to Mr. De Mayo, these are violations of the City ordinances.  Mrs. Doherty asked about the contract—does the Police Commission take care of this and make a recommendation to the Council?  According to Mr. Baker, this was discussed in the Police Commission meeting.  The main difference in the new contract was the COL index and vehicles.  This will come before the Council for discussion.  Mrs. Doherty stated that she has some concerns.  According to Mr. De Mayo, this could be done at the next Council meeting.  Mr. Paustian stated that he feels it would be a good idea to have the Sheriff attend the Council meeting to discuss any concerns.  Sgt.  Rayburn stated that he would like to have plenty of time or a separate meeting for this.  Mr. De Mayo agreed to provide a read-ahead copy of the contract to Council members.  Mrs. Doherty has a concern that people are not stopping at crosswalks and there is also a problem with J-turns on Main Street.
 
Mrs. Burleson complimented Sgt Rayburn on the patrols on Hager Street.  The drug drop-offs in that area had slowed down.  Mr. Baker stated that he had noticed that youth are out on the streets after curfew.  According to Sgt Rayburn, curfew violations have been issued.
 
6.  REPORT FROM THE PLANNING COMMISSION.  None.
 
7.  REPORT FROM HEPPNER HOUSING AUTHORITY.
 
Mr. Paustian reported that the last meeting was shorter than the previous meeting.  Work on the grants is moving forward.  Plans are to have some of the workers from the high school do some work at the Senior Center.  There are 3 apartment vacancies.
 
10.  MINUTES OF COMMISSION MEETINGS.  Provided for information.
 
11.  REPORT FROM THE PUBLIC WORKS DEPARTMENT
 
    A.  Activity Report.  Mr. Harmon reported that the water loss report is included in his report.  Mr. Baker asked about the sewer plant and what BOD means?  According to Mr. De Mayo, this is the biological oxygen demand which refers to how the organisms are working in the trickling filter.  According to Mr. Harmon, the higher BOD was a simple error.
 
    B.  Additional Discussion.
 
Mr. Paustian stated that he noted that the potholes are being repaired.
 
Mr. Thompson asked about enforcement of sidewalk replacements in Heppner.  According to Mr. Harmon, property owners are responsible for replacing sidewalks by their residences.  Public Works inspects any new sidewalks going in.  Mr. Paustian asked about safety issues on sidewalks since some of the sidewalks in town are a safety concern.
 
Mrs. Burleson commented that Public Works is doing a great job.
 
12.  REPORT FROM THE CITY MANAGER.
 
    A.  Mr. De Mayo stated that most of the items in his report are self-explanatory.  
 
    B.  Old Business.
 
  1. Kirk Street Bridge.  Mr. De Mayo reported that when the Corps of Engineers re-did Shobe Creek, the old bridge across Cannon to Kirk Streets was torn down.  In 1971, the City had a temporary bridge installed over Willow Creek.  This was done by the County at the City’s request.  Later on a bond was floated to pay for three bridges in the City.  The permanent Kirk Street bridge was never built.  In 1989, the Kirk Street bridge was discussed by the Council, along with vacating Kirk Street.  At that time, the City Attorney was supposed to investigate this.  Since Kirk Street was never vacated, Mr. De Mayo does not see how the City can not have the responsibility for the bridge.  The bridge is used by Mr. Laughlin for access to his property and this is the only way to cross the creek.  The issue is possibly resurfacing the bridge.  Bailey’s has looked at this and it can be done for $5,000.  Mr. De Mayo would like to know what the City’s position is on this.  In order to vacate Kirk Street, a hearing and permission from the neighboring property owners would be required.  Mr. Baker feels that this should be put on a priority list since there are other bridges that also need work.  Sperry and Elder Street bridges need work.  Mr. De Mayo stated that he has a tentative plan to save the funds and do the work when the work is being done on Highway 74.  He has learned that there are some bridge parts from Burns that could be “roaded” to Heppner for use, but this is very expensive.  Mr. Paustian asked Council members to examine the bridge before the next Council meeting.  Mr. De Mayo’s major concern is the side curbs on the bridge which would not prevent a vehicle from falling into the creek.  This issue will be discussed under old business at the next Council meeting.
 
    C.  New Business.
 
  1. Resolution No. 668-07, A Resolution Establishing Pay Ranges and Policy for Employee Compensation for Fiscal Year 2007-2008.
 
Discussion.  
 
Mr. De Mayo explained the background of this issue.  When Gary Marks was City Manager, the City Council asked him to go to LGPI and obtain pay ranges on different positions.  Over the years, the original upper and lower limits that were obtained from LGPI have been multiplied by the cost of living that the Council has approved.  For instance, if you were to take last year’s figure and multiply it times 1.0275 because there is a 2.75 percent increase which would give the new figure.  This is the customary way of figuring the increase.  The base salary is based on a monthly basis.  Merit pay ranges from 2-4%.  
 
Mr. Baker questioned the figure used for CPI.  This was approved at the last Council meeting.  Mr. Baker also questioned the Merit Pay awards and wondered why it included both a merit raise as well as vacation days.  Mrs. Burleson also questioned this.  According to Mr. De Mayo, this has been in place since Gary Marks implemented it.  Mr. De Mayo stated that if it is to be changed, the personnel manual would have to be revised.  Additionally, Mr. Wolff, who is a member of the personnel committee, should be consulted for historical data.  Mrs. Burleson feels that the City cannot afford giving a merit pay increase and vacation pay both.  According to Mr. Paustian, this was discussed previously and the discussion led to the simple fact that unless the pay rate is maintained comparable to surrounding areas, employees will seek other employment.  Mrs. Doherty stated that pay for City of Heppner employees is lower than other local wages.  
 
According to Mr. De Mayo, the resolution could be adopted and then go back to the personnel committee to redo the policy for another year.  Mrs. Burleson’s opinion is that the policy should be for a merit increase or extra vacation days, but not both.  
 
Action:  Motion by Mrs. Buschke to adopt Resolution No. 668-07, A Resolution Establishing Pay Ranges and Policy for Employee Compensation for Fiscal Year 2007-2008.  Seconded by Mrs. Robinson.  
 
In favor:  Buschke, Burleson, Paustian, Doherty, Robinson
Against:  Baker
Motion Carried.
 
Additional Discussion:  Mr. Paustian stated that his opinion is that the policy should be re-looked by the Personnel Committee and Council for the next year.
 
  1. Resolution No. 669-07, A Resolution Adopting the City Council Goals for FY 07/08.
 
Discussion:  The City Goals for FY 2007/2008 were present to the Council for consideration.  Mrs. Burleson noted that Gonty Island landscaping should be given a higher priority.  According to Mr. Paustian, this should be taken care of during the high school cleanup project in May.  Funds are a consideration for some of the projects.
 
Action:  Motion by Mrs. Burleson to approve Resolution No. 669-07, a Resolution Adopting the City Council Goals for FY 07/08.  Seconded by Mrs. Doherty.  Motion Carried.
 
  1. Council Discussion—Proposed Cat Ordinance.
 
Discussion:  According to Mr. Baker, this was brought to his attention by a concerned citizen.  He would like the Council to review the draft ordinance that is included in the packet.  Mr. Paustian added that this was discussed at the last Police Commission meeting.  Council agreed to table further discussion until the next Council meeting.  Mrs. Spicer agreed to research cat ordinances for other communities.  Mr. Baker feels this is a real problem in Heppner.  
 
Mrs. Burleson commented that some of the dog waste bag stations need replacement bags.
 
  1. Excess Property in Public Works.  According to Mr. De Mayo, Mr. Harmon would like the items declared excess and sold.
 
        71 Metal Shelves:  Each 3 ft. x 2 ft.
        39 Uprights(metal) Each 75 inches high
        39 Uprights(metal) Each 36 inches high
        assorted cross braces.  
 
Action:  Motion by Mrs. Burleson to declare the property excess and open for bids.  Seconded by Mrs. Robinson.  Motion Carried.
 
13.  REPORT FROM THE CITY ATTORNEY.  Will be discussed during executive session.
 
14.  REPORT FROM MAYOR/CITY COUNCILORS.
 
15.  EXECUTIVE SESSION – Litigation, per ORS 192.660(1)(H), and Personnel Issue ORS 192.660(1)(C).
 
Executive Session convened at 9:10 PM.
 
Executive Session adjourned at 9:35 PM.
 
16.  Adjournment.  Council Meeting adjourned at 9:36 PM.