MINUTES OF THE CITY OF HEPPNER CITY COUNCIL MEETING

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

7:00 PM, January 14, 2008

 

NOTE:  Where stated “Motion Carried” is considered unanimous, unless otherwise stated.

 

ATTENDEES:

 

Mayor, Les Paustian

Jo Ann Burleson

Kay Robinson

Cindi Doherty

George Koffler

Interim City Manager, Steve Bogart

 

Chad Doherty, Public Works

Ann Spicer, City Attorney

Sgt Randy Rayburn, Morrow County Sheriff’s Department

 

ABSENT:  Judy Buschke, Keith Lewis, Brian Harmon, Rusty Estes

 

MEMBERS OF THE PUBLIC IN ATTENDANCE:

David Sykes, Heppner Gazette

Judy Eckman, City Treasurer

Tim Dickenson

Beth Dickenson

 

1.  GENERAL BUSINESS

 

 

 

 

Action:  Motion by Mrs. Burleson to appoint Mrs. Doherty as Council Chairman for 2008.  Seconded by Mrs. Robinsn.  Motion Carried.

 

    D.  Announcements/Agenda additions and deletions.  Mr. Bogart announced that on Wednesday, January 23 at 1:00 PM the Housing Authority members, City Council members will meet with Darlee Rex, Rex Development, and Bruce Buchanan, Oregon Housing and Community Services, who will provide an update on the Senior Center rehabilitation program.  They will discuss the process of the program and the status of the project.  According to Mr. Bogart, “There is more that we don’t know than we do know.”

 

 

 

3.  CONSENT AGENDA

 

 

    B.  Minutes of Special Council Meeting, January 3, 2008.

 

    C.  Resolution No. 696-08, A Resolution Approving Accounts Payable for Payment.

 

    D.  Monthly Financial Statement.

 

4.  COUNCIL ACTION.

 

 

Discussion:  None.

 

Action:  Motion by Mr. Koffler to approve the Consent Agenda.  Seconded by Mrs. Doherty.  Motion Carried.

 

 

6.  REPORT FROM COUNTY SHERIFF’S REPRESENTATIVE.

 

 

    B.  Additional Discussion.

 

        1)  Mr. Paustian inquired as to whether there have been any additional problems at the Senior Center.  Sgt. Rayburn reported that a deputy has been patrolling the center and no incidents have been reported.

 

        2)  Mrs. Doherty reported that she has noticed panhandlers in Heppner at various times.  Sgt. Rayburn stated that he has not received any complaints regarding this.  He will advise the deputies to monitor the situation.  

 

 

8.  REPORT FROM HEPPNER HOUSING AUTHORITY.

 

Discussion.  Mayor Paustian reported that five individuals attended a meeting in Salem on January 8.  The meeting was very informative.  There are quite a few requirements and Darlee Rex and Bruce Buchanan will be instrumental in assisting with the process.  Mr. Bogart reported that funds have been reserved for the project, but additional paperwork needs to be completed.  Mr. Paustian would like the Housing Authority and Council representatives to meet on Wednesday, January 23, 2008, at 1:00 PM at City Hall to discuss this further with Darlee Rex and Bruce Buchanan.  They will also discuss timelines for the project.  Mr. Bogart reported that the architect has been in communication with him and Ms. Rex to put together a Request for Qualifications.  Funds for the project have been reserved, but until all the paperwork is completed, they will not be awarded.  

 

9.  PUBLIC HEARINGS.  

 

Public Hearings Opened at 7:10 PM.

 

 

Discussion.  Mr. Bogart explained that this is the supplemental budget that was scheduled to be approved last month.  However, errors were discovered and it was re-advertised and published and to comply with the requirements of the local budget laws a public hearing needs to be held.  There are three budget funds that will be amended:  

 

    1)  Sewer Fund – this recognizes the refinancing from the Bank of Eastern Oregon that will allow for the improvements at the Wastewater Treatment Facility.  It recognizes the $260,000 loan and identifies $128,539 for equipment and increases the debt service by $118,861 to satisfy outstanding loans to Oregon Economic Development Department, the bills for the payoff are included in the expense which totals $119,000 +.  The year was begun with a carry-over, so funds are available to pay this off.  If the budget is approved, the checks will be disbursed on January 15, 2008.  The City has made the December payment in order to buy the balance down.  

 

    2)  New Fund 106 – Senior Center Rehabilitation Fund.  The budget that was originally published contained some errors, and the OHCS loan was for $290,000, not $250,000.  The HOME funds, which is a grant, was for $761,509 as opposed to $791,509.  There is a net gain in appropriations of $40,000 with the adjustments.  This will give authority to spend the funds, although it is very unlikely that much of it will be spent this fiscal year.  

 

    3)  The final fund is the Debt Service fund which increases the transfer in order to pay off the loan.

 

Public Hearing Closed at 7:12 PM.  

 

10.  COUNCIL ACTION.

 

    Motion by Mrs. Doherty to approve Resolution No. 697-08, A Resolution of the City Council of the City of Heppner, Oregon, Authorizing and Amending the FY 2007-2008 Budget and Making Appropriations (Supplemental Budget No. 2).  Seconded by Mrs. Burleson.  Motion Carried.

 

 

12.  REPORT FROM THE PUBLIC WORKS DEPARTMENT.

 

Mr. Doherty reported that Mr. Harmon is ill and Mr. Doherty is representing the Public Works Department.  According to Mr. Doherty, the renovation of the sewer plant is going according to schedule.  Permits are required for the generator installation which is electrical work.  The work is done, and they are ready for inspection.  

 

 

    A.  Mr. Bogart reported the following.  

 

        1)  Roofing Project:  Mr. Bogart will be asking the Council to approve an increase in the award for the fire hall roof.  More work was done than the $7,560.  The contractor did $9,060 worth of work.  The tippage fee award from Morrow County was $9,000, so the work was covered by the award.  Mr. Bogart wanted to make it clear that more work was done than the Council originally awarded.  He is asking that the additional expenditure be approved.  Mr. Bogart is asking that the additional $1,500 be approved.  Action will be taken under New Business.

 

        2)  Utility Commission.  Mr. Bogart explained that the Utilities Commission met to discuss recommendations for the bidding process in the future.  They also discussed pursuing the funding for a Wastewater Treatment Plant update.  This was discussed during a previous presentation by Brett Moore, Anderson & Perry.  This involves grant funding.  The commission recommended pursuing this.

 

        3)  Moore Excavation Inc., has agreed to settle the litigation for the water project for $95,000.  This will be submitted for approval by the Council.  

 

 

 

Action:  Motion by Mr. Koffler to approve additional funds to cover the tippage fee increase for roof repairs.  Seconded by Mrs. Robinson.  Motion Carried.

 

        2)  Lease for “Old Dental Office” – Tim Dickinson.  Mr. Bogart stated that the Council had authorized the previous City Manager to pursue renting the space in the rear of City Hall located on May Street in the space previously occupied by Hayden Dentist.  

 

Mr. Tim Dickenson has recently obtained his chiropractic license and is interested in renting the space.  He has accepted a lease for the property which was developed by the City Attorney.  The monthly rental amount of $450.00 is a fair market rate for the property and includes utilities.  A cleaning deposit is required.  Public Works has removed the items that were stored in the space.  The property consists of approximately 900 square feet which equates to $.50 per square foot.  

 

Mr. Dickenson thanked the City for their cooperation.  He stated that he has received his license and is excited to be opening a new business in the community.  He is pleased with the negotiations and is awaiting completion of his licensing documentation and funding.  Mr. Paustian stated that there are economic development funds that may be available for opening a new business.  He hopes to be open by the end of the month.

 

Action:  Motion by Mrs. Doherty to approve Mr. Dickenson’s lease application.  Seconded by Mrs. Robinson.  Motion Carried.

 

           3)  Approval of Moore Excavation, Inc. Settlement Agreement.  

 

Discussion:  Mr. Koffler inquired about where the fund difference between the balance of the retainage ($58,000) and the settlement amount would come from.  According to Mr. Bogart, there are funds in the water reserve fund.  Mr. Koffler asked if there are enough funds to make the payment on the water project loan.  Mr. Bogart is researching the details of this.  Depending on the date of project completion, the first payment may have to be delayed.  Mr. Koffler asked about Moore’s final responsibilities.  According to Mrs. Spicer, Moore is to provide the O&M manual for the project.  This is the only remaining item, and Mr. Bogart stated that he has received some of the documents.

 

Action:  Motion by Mr. Koffler to pay Moore Excavation, Inc., on January 31, 2008, to finalize the settlement.  Seconded by Mrs. Burleson.  Motion Carried.

 

 

 

Discussion:  Mr. Paustian stated that there is a pending vacancy that will be filled in as soon as it is verified.  He suggested advertising for people to apply for membership on the Committees.

 

Action:  Motion by Mr. Koffler to approve Resolution 698-08, with the understanding that Planning Commission Position No. 3 be advertised and filled.  Seconded by Mrs. Burleson.  Motion Carried.

 

Mr. Paustian announced that Mr. Koffler is moving out of the City Limits.  He recommended waiting until his position on the Council is filled to appoint a representative to the Utilities Commission.  This position will be filled by a Council member.  

 

    2)  Recommendations from Utilities Commission.

 

        a.  Protocol for Bidding Process – Opening/Award.

 

Discussion: Mr. Bogart stated that there have been some differences of opinion on bidding processes in the past since opening them at the Council meetings does not give time for review.  Mr. Bogart has discussed this with the Utilities Commission and their proposal is to open the bids at a Commission meeting in order to allow an initial review prior to making a recommendation to the Council.  This process would also apply to the other Commissions as applicable.  The Utilities Commission would be the default authority.

 

Mr. Koffler asked about bids for surplus equipment.  According to Mr. Bogart, these can be done at the Council meetings.  

 

Action:  Mr. Paustian questioned the legalities of the fact that the bids needed to be opened at a Public Meeting.  Mrs. Spicer will research this as regard notices, public meetings, etc.  Mr. Bogart is asking for a general agreement by the Council.  Members agreed.  All Commission meetings are open to the public.

 

        b.  Pursue Wastewater Facilities Plan – Identify Funding.

 

Discussion:  Mr. Bogart informed the Council that Brett Moore, Anderson & Perry, had briefed the Council on this at a previous meeting.  Mr. Bogart stated that the plan is a good idea since an updated plan would qualify the City to apply for future grants, and to identify operating and maintenance improvements.  Mr. Bogart will research this with various agencies.  If he locates funding he will present a recommendation to the Council.

 

        c.  Discussion of Possible Action on Tippage Fee Resolution.  

 

Discussion:  Mr. Paustian stated that Mr. Bogart has compiled guidelines on this from discussions at a previous meeting.  Mr. Bogart’s options included concerns voiced by Mrs. Buschke.  She was concerned about ongoing operations such as the Neighborhood Center and  Day Care Center which are South Morrow County operations.  

 

Mr. Koffler stated that he is opposed to the City providing funding for ongoing operations unless there is an agreement with the other communities that use these same services.  The Extension Service is another ongoing expense.  Mr. Paustian stated that some of these are county-wide.  These items will need to be worked out.  Mr. Bogart stated that there may be an approach to fund ongoing operations if the these entities contribute.  

 

Action:  Motion by Mr. Koffler to pass Resolution No. 699-08, A Resolution Establishing the Policies and Procedures for the Distribution of Tippage Fees Within the City of Heppner Area, with Alternative “A” with the addition of the wording “fund awards may be spent for ongoing operational expenses as part of an intergovernmental agreement with other governmental entities within Morrow County.”  The last sentence should read “It is the expectation that these fund will be spent for the creation, development, expansion, enhancement of facilities, programs, and services within the Heppner voting districts in the Heppner area.  Seconded by Mrs. Doherty.

Motion Carried.

 

14.  REPORT FROM THE CITY ATTORNEY.  

 

Discussion:  Mrs. Spicer stated that she has some concerns on the garbage franchise.  She feels this needs to be discussed at another meeting, i.e., trash cans blowing around town and a limit on the time they can be left at the curb.  Currently the franchise does not specify that the cans should be placed at the curb.  She needs the Council’s direction on this.  Mr. Koffler feels that this needs to be done with more thought on the Council’s part so that the citizens can be accommodated.  Mrs. Spicer feels this needs to be investigated further.  She suggests this should be discussed when a fee change is announced by the new franchisee.  Mr. Bogart will provide more information to the Council after discussing it with Mr. Miller.  Mrs. Spicer recommends providing the draft ordinance to Council members for review prior to the next meeting.  The size of the containers is also a consideration.  Mr. Koffler would encourage a minimal increase in fees.  He feels this service is necessary in Heppner.  Mr. Paustian feels an open discussion with Mr. Miller is necessary.  Mr. Bogart stated that the ordinance may need to be revised as well as the franchise.  

 

15.  REPORT FROM MAYOR/CITY COUNCILORS.

 

 

    B.  Mr. Paustian announced that Mr. Koffler is resigning his Council position on January 15, 2008, since he is moving out of the City limits. He encouraged Council members to ask citizens to apply for the position.  Deputy John Bowles has expressed an interest in service on the Council.  Mr. Koffler suggested advertising the vacancy.