MINUTES OF THE CITY OF HEPPNER CITY COUNCIL MEETING

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

7:00 PM, September 10, 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

Glenn Baker

Joann Burleson (arrived at 8:10 PM)

 

Brian Harmon, Public Works Director

Anne Spicer, City Attorney

Rusty Estes, Heppner Fire Department (arrived at 7:15 PM)

 

Absent:  Morrow County Sheriff’s Department Representative

 

MEMBERS OF THE PUBLIC IN ATTENDANCE:

 

Tammy Malgesini, East Oregonian

David Sykes, Heppner Gazette

Ryan Miller

Cliff Green

Judy Eckman

Tom Wolff

Ken Bailey

 

1.  GENERAL BUSINESS

 

 

    B.  Pledge of Allegiance:  Mayor Paustian led the Pledge of Allegiance for those in attendance.

 

    C.  Announcements – Agenda Additions.

 

    Mr. De Mayo identified two additions to the agenda:

 

        1)  The street sweeper resolution is withdrawn since the payment will be made directly from the budget line item.

 

        2)  The resolution for the payment of the fire department vehicle is a housekeeping resolution, as is the transfer resolution is a housekeeping item.

 

    D.  Correspondence:

 

        1)  Thank you letter from Randy Lott for awarding them Yard of the Month.

 

2.  COMMUNICATIONS FROM THE PUBLIC.

 

 

3.  CONSENT AGENDA.

 

 

Council members reviewed the minutes, with one minor change identified by Mr. Baker.

 

    B.  Resolution Approving Accounts Payable for Payment.

 

    C.  Monthly Financial Statement.  

 

Discussion:  Mrs. Robinson commented that the sign at the elementary school crossing looked very good.

 

4.  COUNCIL ACTION.

 

Motion by Mrs. Doherty to approve the Consent Agenda, to include Minutes of August 13, 2007 City Council Meeting, September 4, 2007 Special Meeting, and Resolution 686-07, A Resolution Approving Accounts Payable for Payment, and Monthly Financial Statement.  Seconded by Mrs. Robinson.  Motion Carried.

 

5.  REPORT FROM THE FIRE CHIEF.  

 

 

    3 Wildland Fires

    2 Structures with smoke

    16 Fires in two days due to multiple lightning strikes

    1 Assist in Boardman with wildland fire

    2 Assists to Ione

 

    The new vehicle is being set up tonight; and the Burn Ban is lifted.

 

6.  REPORT FROM COUNTY SHERIFF’S REPRESENTATIVE.

 

 

    B.  Additional Discussion.  

 

        1)  Abandoned Vehicles.  Mr. Paustian stated that he has contacted a person to remove the vehicles.  According to Mr. De Mayo this individual has agreed to remove the vehicles on Hill Street and Mr. De Mayo has a letter of consent from the owner.  The vehicles will be removed at no cost to the City.

 

 

8.  REPORT FROM HEPPNER HOUSING AUTHORITY.

 

Mrs. Buschke reported that all of the apartments, except the one that is not rentable, are occupied.  With regard to the status of the refinance/loan, Mr. Koffler stated that he had talked to Bruce Buchanan, Housing/Community Development person for this area.  Mr. Buchanan stated that October 19-20 is the date when a decision will be made.  There were 19 applications and only about half of them will be funded.  There are four applications from Eastern Oregon.

 

Mrs. Buschke stated that apartment reviews and a fire drill are scheduled for this month.  A referral list of potential tenants is maintained.

 

 

 

11.  REPORT FROM THE PUBLIC WORKS DEPARTMENT.

 

 

Mr. Koffler asked about the assistance provided to Ione for a water leak; one of the leaks occurred on a weekend.  He voiced concerns about Public Works helping Ione with water line replacement.  Ione has hired a new worker who may need some initial assistance.  Heppner, Lexington, and Ione cooperate on assistance if necessary, in case of emergency.

 

12.  REPORT FROM CITY MANAGER.

 

 

        1)  Abandoned Vehicles:  According to Mr. De Mayo, a committee consisting of the City Manager, City Attorney, and Mr. Cowett is investigating the abandoned vehicle ordinance, since the current ordinance requires the City to pay for removal of the vehicles.  Mrs. Spicer stated that the ordinance can be re-looked.  Mr. De Mayo stated that the Sheriff’s Department representative has provided him with information on ordinances from other cities.        

 

        2)  Peddler’s License.  Mr. De Mayo reported that the peddler’s are “slick.”  He stated that there have been several incidents of peddlers recently.  Mr. De Mayo’s personal feeling is that peddlers should not be allowed in Heppner unless they are local organizations and non-profit.

 

        3)  Waste, Fraud, and Abuse.  A letter addressed to the Mayor is included in the packet, requesting the Council’s opinion on waste, fraud, and abuse.  This is a new requirement under the law.  At some point, the Council needs to discuss whether there is any place where this can occur, and report to the auditors.  The auditors also look at this during their process.  Mr. Baker pointed out that Mr. De Mayo has been very diligent about monitoring this.  Mr. Baker also asked if monies are verified by two individuals.  According to Mr. De Mayo, there is not a large enough staff to do this.  Mr. Koffler stated that he feels that the City’s internal control process is adequate.  Mr. Baker does not see any reason to suspect fraud.  Mr. Paustian will send a letter to the auditors.

 

        4)  Census Process.  Mr. De Mayo reported that preparations are already underway.  He has attended, and will attend, several training sessions.

 

        5)  The Planning Commission will have a full agenda in October.  Several issues will come before the commission.

 

Mr. Paustian commented that he felt that Stop signs should be installed at the elementary school.  According to Mr. Harmon, permanent Stop signs will be installed.

 

 

 

Discussion:  Mr. Paustian stated that there are several issues that need to be discussed with regard to Mr. Green’s franchise agreement.  Copies of letters that have been sent to Mr. Green are included in the packet, although Mr. Green has not responded to the last letter, either in writing or in person.  Mr. Baker stated that he thinks Mr. Green has had trouble with payment of his fees to Finley Buttes.  According to Mr. Paustian, the City does not have anything to do with Finley Buttes.

 

Mr. Koffler asked Mr. De Mayo for the status of Mr. Green’s franchise payments.  According to Mr. De Mayo, Mr. Green is approximately 60 days past due on his payments.  Mr. De Mayo stated that he had discussed the citation he had issued to Mr. Green with Judge Gray and she has not taken any serious action at this point.  Mr. Green has not reimbursed the City for the recent services provided by Hermiston.  

 

Mrs. Spicer stated that in her opinion, the only thing the City can do at this point under the ordinance is to terminate Mr. Green’s franchise.  Mr. Koffler stated that he has also talked to Mr. Green twice to encourage him to provide information to the Council.  Mr. Green has not responded.  According to Mr. Paustian, this needs to be discussed in executive session.  Mrs. Spicer stated that this cannot be discussed in executive session unless it has been advertised.  Mr. Paustian stated that Mr. Green needs to perform on his agreement.  Per Mrs. Spicer, the agreement requires 20 days notice to terminate.  Mr. Green can comply or request a public hearing.

 

Action:  Motion by Mr. Baker to send Mr. Green a letter stating that the City intends to terminate his franchise agreement within 20 days if he has not fully complied with every provision of the agreement with the City.

 

Discussion:  Mrs. Buschke stated that she wished Mr. Green would communicate with the City because he does go “over and above” his duties.

 

Motion seconded by Mrs. Buschke.  Motion Carried.

 

 

 

        2.  Resolution No. 687-07, A Resolution Approving the Transfer of Appropriations Within the 2007-2008 Budget.  This resolution is to transfer funds from the General Fund Contingency to the Property Clean-up Expense line item.  This is to cover the cleanup necessitated by the additional expense to pick up garbage during the time Mr. Green’s equipment was disabled.  Section 2 of the Resolution is to transfer appropriations from the General Fund Contingency to the Fire Protection-Insurance Expense line item.  Motion by Mr. Koffler to approve Resolution No. 687-07.  Seconded by Mrs. Doherty.  Motion Carried.  

 

Mr. Wolff commented that he thinks it is great that Mr. Estes was able to purchase the vehicle.  The rural fire department has also purchased two new vehicles.

 

        3.  Resolution No. 688-07, A Resolution Approving the Transfer of Appropriations Within the 2007-2008 Budget.  This resolution is a “housekeeping” resolution.  According to Mr. Paustian, this is to transfer funds to the property line item as a loan to pay for a vehicle.  Motion by Mr. Koffler to approve Resolution No. 688-07.  Seconded by Mrs. Doherty.  Motion Carried.

 

Additional Discussion:

 

Mr. Sykes asked for clarification of several issues on the Heppner Garbage franchise.  He wondered about the procedure in case of termination.  Mr. Paustian stated that garbage pickup is vital to the City, and is as important as sewer.  Mr. Baker stated that on the same day as the letter is sent to Mr. Green, some type of procedure needs to be initiated to continue the service.  Mr. De Mayo stated that a Special Council Meeting should be scheduled close enough to when the 20 days expire to make a decision.  Mr. Koffler asked if the franchise is assignable.  According to Mrs. Spicer, it is not, and is a personal contract with Mr. Green.  According to Mr. Bailey, his understanding is that if Mr. Green wanted to sell his franchise, it would have to come before the City for permission.  Mrs. Spicer stated that the current franchise was extended in 2006 to expire in 20ll.

 

Meeting adjourned to Executive Session at 8:00 PM.

 

Executive Session Concluded at 8:10 PM.

 

Comments from Mayor Paustian.  Mr. Paustian stated that Mr. De Mayo’s pending deployment to Iraq has been put on hold until December.  

 

Mr. De Mayo stated that with reference to the abandoned vehicles, there are several on Cowins Street.  According to Mr. Paustian, this is being worked on.