MINUTES OF THE CITY OF HEPPNER CITY COUNCIL MEETING
HEPPNER CITY HALL, 111 N. MAIN STREET, HEPPNER, OREGON
7:00 PM, August 13, 2007
NOTE: Where stated “Motion Carried” is considered unanimous, unless otherwise stated.
ATTENDEES:
Mayor, Les Paustian
City Manager, Dave DeMayo
Judy Buschke
George Koffler
Jo Ann Burleson
Kay Robinson
Cindi Doherty
Brian Harmon, Public Works Director
Anne Spicer, City Attorney
Rusty Estes, Heppner Fire Department
Absent: Morrow County Sheriff’s Department Representative
MEMBERS OF THE PUBLIC IN ATTENDANCE:
Steve Bogart, Interim City Manager Candidate
Tammy Malgesini, East Oregonian
David Sykes, Heppner Gazette
Jodi Waite
David Green
Candy Green
Kristen Harrison
Jerry Healy
Judy Eckman
1. GENERAL BUSINESS
A. Call to Order: The August 13, 2007 meeting of the City of Heppner City Council was called to order at 7:00 PM by Mayor, Les Paustian.
B. Pledge of Allegiance: Mayor Paustian led the Council and attendees in the Pledge of Allegiance.
C. Announcements – None.
D. Correspondence – None.
2. COMMUNICATIONS FROM THE PUBLIC.
A. Animal Permit Request – Zach and Micha Hintz, 327 E. Linden Way, Heppner, OR, 3-4 pigs for 4-H projects. Correspondence, Troy and Leah Hyatt and Mike and La Ray Kindle, protesting the location of the animals.
Action: Motion by Mr. Koffler to deny the request and give notice to the property owners where the pigs are located that the pigs have to be removed within one week due to the County fair. Seconded by Mr. Baker. Motion Carried.
Mr. Koffler commented that the neighboring property owners should be advised that the Council has acted on their request.
B. Request from the Heppner Masonic Lodge, #69, to use the Heppner City Park on August 18, 2007, from 5:30 AM until 10:00 AM. The purpose of the request is to serve their annual community breakfast.
Action: Motion by Mrs. Buschke to approve the request from the Heppner Masonic Lodge, #69 for use of the Heppner City Park on August 18, 2007, for their annual community breakfast. Seconded by Mrs. Burleson. Motion Carried.
3. CONSENT AGENDA
A. Minutes of the City Council Meeting, July 9, 2007; Special Meeting, August 6, 2007.
B. Resolution No. 680-07, A Resolution Approving Accounts payable for Payment.
C. Monthly Financial Statement.
Discussion: Mr. De Mayo pointed out that the large payment from the General Fund was due to the contract payment to the Morrow County Sheriff’s Department and the annual property and liability insurance payment to CCIS. These were not listed on the bills since they were paid in July.
4. COUNCIL ACTION.
Action: Motion by Mr. Koffler to approve the Consent Agenda, to include Minutes of July 9, 2007 City Council Meeting and August 6, 2007, Special Meeting; Resolution No. 680-07, A Resolution Approving Accounts Payable for Payment, and Monthly Financial Statement. Seconded by Mrs. Doherty. Motion Carried.
5. REPORT FROM THE FIRE CHIEF.
Fire Chief Estes reported the following:
For the month of July, they had a very busy month. There is a state-wide burn ban on at this time—agricultural burning only.
They responded to the following:
3 Motor Vehicle Accidents
1 Power line arced into a tree, the fire was extinguished, and Columbia Basin repaired the line
3 Requests to Secure the Landing Zone
1 Wild Land Fire
1 Structure Fire
1 False Alarm
Assisted other agencies on 12 calls
Assisted Ione 2 times, Lexington 2 times, Arlington Once
The rural board has purchased another wild land vehicle which also will double as a structure rig; it has the capability to hook to a hydrant. FEMA and CSEPP have informed him that they are upgrading the Command Vehicle for the Fire Chief; this will also serve as a monitoring vehicle. Mr. Estes’ current vehicle will be turned into another “Type 6” fire truck. This truck is a 1999 vehicle and has approximately 70,000 miles on the odometer.
Mr. Koffler asked about the bill from Wheeler’s Communications. According to Mr. Estes this was for pagers for the Heppner Fire Department. We have received three radios from the Sheriff’s department that will match the 450’s that the fire department uses.
5. REPORT FROM COUNTY SHERIFF’S REPRESENTATIVE.
No representative was present. Mr. Koffler commented that the Chairman of the Police Commission should convey the Council’s dismay that representation from the Sheriff’s Department was not present and that a member of the Sheriff’s department is expected to be present at Council meetings.
7. REPORT FROM THE PLANNING COMMISSION.
Mayor Paustian stated that the Planning Commission did not accomplish their objective since the material was not completely prepared. The Cemetery Board has applied for a partition to subdivide in order to expand the cemetery. More surveying and paperwork is needed before coming before the Planning Commission. Further information is required for approval of the request.
8. REPORT FROM HEPPNER HOUSING AUTHORITY.
Mrs. Buschke reported that the major issue at the Senior Center is the elevator malfunction. Currently it is operating, but according to Mrs. Buschke, the Housing Authority of Umatilla County inspection of the center failed due to the elevator problems, with a 30 day suspense to accomplish the elevator repair, and another 15 days if the repairs are in process. Due to the failure of the inspection, there is a danger of Section 8 funding being cancelled.. The Housing Authority is awaiting approval of the grant. There is one vacant unit and the prospective tenant has applied for Section 8 housing.
The apartments passed the exception with the exception of the elevator. Alice Wagner’s unit on the ground floor did not pass due to the fact that the laundry is located on the second floor. Mrs. Buschke has informed the elevator repairman of the fact that the elevator breakdown caused the Section 8 inspection to fail. Mayor Paustian stated that he had informed the head office of Schindler Elevator of the urgency of the problem.
9. PUBLIC HEARINGS.
A. Heppner Garbage Disposal. Mr. David Green, owner, is present to discuss recent service problems. Mr. Paustian outlined the problems with the service in Heppner since Mr. Green’s vehicles were inoperable. Mr. De Mayo has talked to Mr. Green about some of the problems. According to Mr. Green, he has some equipment breakdowns and has been working on the equipment which should be in operation on Tuesday. Mr. Green stated that he has been using his personal vehicle to pick up residential garbage.
Mr. De Mayo stated that he had discussed Mr. Green’s requirement under the contract. Mr. Green had notified the public via Heppner TV, but does not have a back-up plan when service is disrupted. Mr. De Mayo also informed the Council that the County and City have an issue with timely payment of Franchise Fees.
Due to the lack of garbage service in Heppner, Hermiston Sanitation was contacted to come to Heppner and remove the critical garbage from downtown businesses and restaurants. Mr. Green has not made his quarterly franchise payment for April, May and June.
Mr. Paustian stated that there is also a problem with garbage pickup and vehicles being parked to impede the pickup. Mr. Green stated that he has more pickups during the summer and at times has not able to meet his schedule. He feels people should not park around their receptacles.
Mrs. Jodie Waite spoke on behalf of Mr. Green. She stated that she has never had a problem with Mr. Green’s service during the past nine years she has lived in Heppner.
Mr. Paustian advised Mr. Green that he needs to have a backup vehicle in case of breakdowns.
Ms. Spicer advised Mr. Green that his franchise agreement requires that Mr. Green keep his pickup delay to less than 24 hours if it is due to unforeseen circumstances. This was not done.
Mr. Paustian stated that the biggest problem was the dumpsters on Main Street, and the number of complaints from citizens to City Hall personnel. However Mr. Green had not notified City Hall of the problems he was having. Mr. Koffler suggested that Mr. Green might want to investigate a cooperative agreement with another sanitation service if this happens in the future.
Mr. Paustian commended Mr. Green on his service in the past; getting a dependable assistant is not easily done, according to Mr. Green.
Mr. Harmon asked Mr. Green if people could be instructed to bring their garbage receptacles to the curb which might save time for Mr. Green. Mr. Green has gone the extra mile for some of the senior citizens who are unable to do this. This extra service is time consuming for Mr. Green. Mr. Baker feels this is a requirement that should be enforced. Mr. Baker also stated that the City needs specific performance on the contract. Mr. Baker feels that scheduling and equipment maintenance are very important.
Mr. Green stated that having the trash containers on the curb would make his job easier and save time. Mrs. Doherty stated that Mr. Green should not be responsible for picking up garbage that is not on the curb or where vehicles are parked in front of the receptacles.
Mrs. Doherty recommended that Mr. Green advise City Hall when he is not able to perform his duties in a timely manner. Mrs. Burleson suggested that Mr. Green publish a pickup schedule beginning in September. Mr. Healy suggested that Mr. Green adjust his fee schedule for those people who cannot put their trash on the curb. Ms. Spicer advised Mr. Green that it is very important that he call City Hall right away when these incidents happen.
Mr. Healy asked who pays Hermiston Sanitation. According to Mr. De Mayo, the City is paying them and he will ask Mr. Green to reimburse the City.
Mr. Green informed the Council that his shop has been cleaned to his satisfaction after the recent sewer problem. He is working on the insurance claim.
11. REPORT FROM THE PUBLIC WORKS DEPARTMENT.
A. Activity Report. Mr. Harmon reported a recent incident on the corner of Water and Gale Streets. There are some juniper shrubs that have been planted on the Southwest corner of the intersection which had become very overgrown and were blocking the sidewalk and causing a safety issue because of visibility at the corner. The shrubs were also causing a problem by blocking the storm drain. This particular shrubbery is located in a utility easement. Mr. Harmon’s Public Works crew was trimming the shrubs when a private citizen stopped and inquired why the City crew was trimming the shrubs on private property. Mr. Harmon stated that this was a maintenance and safety issue and Mr. Harmon will continue to have his crew trim shrubs. Mr. Harmon stated that he will continue to do this unless the Council directs him to cease doing this type of work. According to Mr. Harmon, vegetation that is growing on a property and blocking traffic visibility and drainage is a safety issue. Mr. Baker stated that if a nuisance is created on his property and the City removes it, should he be billed for this. According to Ms. Spicer, he should be. Mr. Baker feels that the property owners should be charged for the work. Mr. Paustian stated that he had noticed that the Public Works crew has also had to trim around water meters.
With regard to chlorinating the water, Mr. Harmon stated that the City would save approximately $13,500 per year by not adding chlorine to the water. In the past the chlorination was required due to a bad sample at Well One. Mr. Harmon has discussed this with DHS and if there are bad samples in the future, chlorination will again be required.
Sewer department. According to Mr. Harmon, the savings on rental fees for a pumper truck is $2500 per year. This is due to the fact that Public Works is able to do the work themselves.
Street department. There is a savings of $5.00-$10.00 per sleeve for signs. The sleeves support the sign and are installed in the ground. When a sign needs to be repaired or replaced they can be removed from the sleeve and a new one installed. The savings on each post is actually $11.63. Mr. Baker noted that he has recently seen vandalism to Stop signs.
Hager Park. The seeding project did not go well. More work is needed. Mrs. Doherty commented that the flowers on Main Street look very good this year. However, some citizens have complained about water running out of the baskets. This will be addressed next year.
Mr. Paustian mentioned the recent sewer line problem on lower Main Street. This was handled very well by the Public Works crew. There were no repercussions from DEQ, and the problems were corrected.
12. REPORT FROM THE CITY MANAGER.
A. City Manager’s Report.
1. In addition to the items included in the Council packets, Mr. De Mayo stated that he has prepared a 2007 Needs and Issues Inventory Local Priority List for the Council’s review. Mr. De Mayo stated that this will be submitted to the County Tippage Fee Board at the end of August. Following are the items ranked by Mr. De Mayo in priority order:
1) Heppner RFD Roof. Mr. De Mayo had Mr. Broderick inspect the roof and give a price for the repair. The total cost quoted is $10,000 which is for all the repairs.
2) City Hall Roof. Mr. Broderick quoted a price of $20,000 for cleaning and applying an epoxy seal.
3) The Information Kiosk is the same as last year’s submission of $8,000.
4) Hager Park Restroom/Picnic Shelter. The submission last year was for a prefab structure. Mrs. Burleson has located an estimate for the picnic shelter and restroom for $21,000.
5) Portable generators – Mr. De Mayo requested 5 generators; however they can get by with less. However, once the power goes down, the only water available is what is in the reservoir. With generators, the pumps will still run and water service will continue. Price for 5 generators is $50,000.
6) Well security enclosures. The cost for this is $16,000. These need to be installed on all the pumps and pump stations for security.
7) Curb and Sidewalk. The $65,000 cost is for curb and sidewalk from the City pool to the Agricultural museum.
8) Dog Kennel upgrade. $6,000.
Mr. De Mayo stated that infrastructure projects are not included because they are expensive and the State has decided to reinstitute a Needs and Issues process. Funding appropriations are unknown. The new process will be called “Issues.”
Discussion:
Mr. Koffler asked if the Council members agreed with Mr. De Mayo’s prioritization of the projects. He asked how serious is the condition the City Hall Roof. According to Mr. De Mayo, the City Hall roof has several major leaks. Mr. Koffler feels this should be a number one priority.
Fire Department Roof. According to Mr. Estes, the roof leaks into the panel box; temporary improvisations have been made to correct this. Additionally, the roof has been rotting away for so long that it now leaks over a truck. If this continues, equipment will be damaged. According to Mr. Paustian, the longer the problem continues, the worse it will be. According to Mr. Estes, the Rural Fire Department has a tax base. The Fire Hall belongs to the City; however, Rural Fire Department equipment is stored in the building.
Mr. Baker asked Mr. Healy if Heppner had a lot of power outages. According to Mr. Healy, outages have decreased in the past few years. Mr. Koffler asked how many days of water is available when the reservoirs are at normal capacity. Mr. Harmon stated that if a backup generator was available, water service could continue in the event of a power outage. If no backup power was available, his crew would need to go door-to-door advising people to curtail their water usage; otherwise, Reservoir 3 would be emptied overnight. This would be a major problem in case of fire. According to Mr. Paustian, there have been several drastic fires in Heppner in the past.
Mr. Baker asked if five generators were needed. According to Mr. De Mayo, fewer generators could be requested. Mr. Paustian stated that in the past there has not been any City representation on the County Needs and Issues panel.
Mr. Harmon stated that well security enclosures are mandatory as far as national security.
With regard to the fire department roof, Mr. Koffler asked what type of items the fire department auxiliary funded and whether this could be a funding source. According to Mr. Estes, the auxiliary does fund some items, but large amounts are not available.
Mr. Baker feels that the lower dollar items that have a legitimate high priority are going to tend to fair better in the competition. More expensive items will most likely not be considered. Mr. Baker also asked about the information kiosk—is it a TV type item with touch pad, and is it vandal proof. According to Mr. De Mayo the item is very damage-proof.
Mr. Koffler stated that the committee looks at the more you have to put into the item and the less they have to fund, they want to put out the lowest amount to get a project done. Mr. Paustian stated that the items need to be prioritized.
Mrs. Doherty, Mrs. Robinson, and Mr. Baker agreed that well security and the Heppner Fire Department roof are the top priority. Mrs. Burleson feels the generators, well security, and fire hall roof are the top priorities. Mr. Paustian stated that the City Hall roof should also be considered.
After discussion, Council Members agreed to the following rank of projects:
1. Heppner RFD Roof
2. Well Security Enclosures 50/50 in-kind)
3. City Hall Roof
4. Hager Park Restrooms
5. Portable Generators (2)
6. Curb & Sidewalk
7. Dog Kennel Upgrade
B. Old Business. None Identified.
C. New Business.
1) Resolution No. __681-07, A Resolution Authorizing the City of Heppner to Borrow $300,000 from the Bank of Eastern Oregon to Pay Off Current Debt and to Effect Needed Maintenance and Repairs at the Sewer Plant.
Discussion:
A. Mr. Healy: Mr. Healy questioned the portion of the refinanced debt as follows:
Borrowed: $150,000, unpaid balance $86,224.93, Borrowed $70,000; unpaid balance $93,861.07. He does not understand the reverse amortization. Mr. De Mayo explained the fact that the $150,000 loan was refinanced at some point. Mr. Healy stated that he would prefer to see the City pay the outstanding debt, using the $8.90 monthly fee until the debt is retired and then remove the $8.90 from the bill. He would recommend borrowing the amount needed to repair the sewer plant and assess an additional charge to the bill, depending on the years and interest rate, from $2.46 to $4.25 per month, and remove this charge from the monthly bill when that debt is retired. He does not agree with refinancing a portion of the total amount. According to Mr. De Mayo, the refinanced portion is to be paid off in approximately 2 years. Mr. Healy stated that effectively the $180,000 could be down to $120,000. However if the $180,000 is refinanced, the $60,000 that is already collected could end up someplace else. He feels this should be put into the infrastructure at the sewer plant. He feels that the City is never going to get out of debt if they continue to refinance.
Mr. Healy would recommend that the City borrow just the amount to get the sewer plant redone and add an additional charge to the monthly bills to pay this amount off. This amount would be $135,000.
Mr. Koffler stated that the Utility Commission had considered several options that would be viable in order not to add additional charges to the citizen’s monthly bills. Mr. Koffler stated that the commission looked at a period of time that was relatively short—7 years, no raise in rates, and the money that is currently available for debt service be used for the project.
Mr. Paustian stated that he feels the citizens would object to additional charges.
Mr. Harmon stated that the sewer rates have not been raised for two years.
Mr. Healy and Mr. Koffler discussed the payments on the water project. Mr. Healy is concerned about when the payments on the water project will begin. According to Mr. De Mayo these payments will begin this year. Mr. Healy doesn’t want to see the City owing more money than they can pay.
Mr. Paustian stated that Heppner’s population consists of a lot of fixed income people and that raising the rates by any amount would affect them. Mr. Harmon stated that Mr. Healy’s proposal of keeping the $8.90 fee to pay off the present loans, and adding an additional fee to pay off a new loan. Mr. Paustian pointed out that there were several expensive repairs last spring and the reserve account was depleted. Mr. Paustian suggested prioritizing the list of jobs and only borrowing the top priorities, i.e., grinder, trickling filter bearings and seals, and generators, and pay for them and then doing the additional repairs when funds are available. Mr. Paustian and Mr. Harmon agreed that the sewer system is vital to the City.
According to Mr. Baker if the City refinances, we maintain the $8.90 surcharge and call it something else. People will be paying the same amount for a longer period of time. Mr. Baker feels that the public will not accept an additional rate. He feels the public needs to be informed of the details of the transaction. Mrs. Robinson feels people will react better to this than to adding an additional charge.
Mr. Paustian commented that Mr. De Mayo has researched loans very thoroughly and the loan that is proposed has a lower interest rate than any others. Mr. Baker would recommend redoing the list to see if the loan amount could be reduced. Mr. Harmon stated that a functioning sewer system is a priority to keeping the City operating.
Mrs. Robinson feels that the City should borrow enough to get the sewer system operating properly and avoid breakdowns. According to Mr. Koffler, the Utilities Commission has discussed this issue over a period of five months, and this is the program that fits the City’s needs the best.
Action: Motion by Mr. Baker that the City approve the $300,000 loan as presented with the provision that full disclosure is given to the public, either through the City newsletter or publication in the newspaper that the City weighed the need to keep debt service to a minimum against the need to keep rates constant for the sake of people on fixed incomes. This is the solution agreed upon and will result in maintenance of the existing $8.90 surcharge for a longer period of time. Resolution No. 681-07, A Resolution Authorizing the City of Heppner to Borrow $300,000 from the Bank of Eastern Oregon to Pay Off Current Debt and to Effect Needed Maintenance and Repairs at the Sewer Plant. Seconded by Mrs. Doherty.
Question:
Koffler – abstained
Doherty – in favor
Robinson – in favor
Burleson – in favor
Baker – in favor
Buschke – in favor
Motion Carried.
Note: At this point in the meeting, Mr. De Mayo requested that action on Item 3 be taken prior to discussion on Item 2.
3) Declaration of 1999 Ford Crown Victoria, 4D, Model CVP, VIN 2FAFP71W4XX 141852, Plate No. E210164, as excess property to be sold.
Discussion: Mr. Paustian stated that the public needs to be aware that the City has not purchased another vehicle. The vehicle was returned to the City by the Sheriff’s department for City use. This is a stipulation of the contract that when a patrol vehicle is purchased for use in Heppner, the old vehicle is turned over to the City.
Action: Motion by Mrs. Doherty that the 1999 Ford Crown Victoria, VIN 2FAFP71W4XX, be declared as excess property and sold. Seconded by Mr. Baker. Motion Carried.
2) Discussion and possible action to hire an Interim City Manager during Mr. Mayo’s recall to Active Duty. During the discussion, Mr. De Mayo will be absent from the meeting. Mrs. Spicer recommended that a special session not be held at this time.
Discussion:
Mr. Steve Bogart, candidate for possible appointment as Acting City Manager. Mr. Bogart informed the City that he does not expect the City to rush into a decision on whether to appoint him as Acting City Manager.
Mr. Paustian stated that Council members could discuss their concerns at this time.
Mr. Koffler suggested that it would be more appropriate to have the Personnel Committee meet with Mr. Bogart and discuss issues that Mr. Bogart can agree with and present the details to the City Council. The Council could be polled for a decision without holding a special session. Mr. Bogart suggested meeting with the personnel committee after this Council session is adjourned. Mrs. Spicer advised the Council that no official action could be taken by the Personnel Committee.
4) Needs and Issues Discussion. This item was discussed in detail previously. A proposed ordinance requiring distribution of sanitary landfill franchise license fees to Morrow County, the City of Boardman, the City of Irrigon, the City of Ione, the City of Heppner, and the Town of Lexington, and establishing the method of determining the amount to be allocated to each entity. With regard to this, Mr. Koffler stated that he was upset that the City Managers and Mayors met without any input from the Heppner City Council. According to Mr. Paustian, this issue needs to be discussed further. It will not be on the fall ballot. All City Councils should be in agreement on this topic. According to Mr. De Mayo, all mayors of the various cities have agreed to the proposal. Mr. Paustian stated that this is a public document and the public can research it if they desire. Mr. Baker asked if this could be discussed in a future Council meeting. Mr. Paustian feels that actual facts are needed. Mr. Baker feels the topic is worth pursuing, and is only a proposal and was furnished for Council discussion.
13. REPORT FROM CITY ATTORNEY.
Mrs. Spicer reported that she has nothing new to report on the litigation. The City attorney has not heard further from the attorneys on the water issue.
14. REPORT FROM THE MAYOR/CITY COUNCILORS.
A. Mr. Koffler stated that he feels the Council should move forward on the abandoned vehicle problem and that a small committee be formed to meet with the City Attorney to draft an ordinance that would be enforceable within the City. There is currently an ordinance referring to this problem, but is difficult to enforce. Mr. Paustian reported that there is a Mr. Peck who is willing to remove the vehicles at no charge so that he can use them for salvage.
15. ADJOURNED: Meeting adjourned at 9:20 PM.