MINUTES
OF THE
January
10, 2005
ATTENDEES:
Mayor
City Manager, Jerry Breazeale
Council Members:
Merle Cowett
Judy Buschke
Kay Robinson
Cindy Doherty
Tom Wolff
Glenn Baker, Councilman Elect
Thomas Creasing, City Attorney
Representative
Bruce Nelson, Public Works Director
Brian Harman, Public Works Department
Morrow County Sheriff’s Department,
Deputy Justin Slinger
Heppner Fire Department,
Heppner Gazette Times, David Sykes
Members of the Public:
George Koffler
Judy Baker
Pam Wunderlich
Mark Wunderlich
Jerry Healy
Van Cleave Family
1. GENERAL BUSINESS
A) Call to Order. The
B) Pledge of Allegiance: Mayor Jepsen led Council members and other attendees in the Pledge of Allegiance to the flag.
C) Announcements.
1) Mayor Jepsen announced that Ms. Spicer was unable to attend the meeting and Tom Creasing, is attending as City Attorney’s representative.
2) Mayor Jepsen announced that this is his last meeting as Mayor.
3) City Manager Breazeale announced two additions to the Agenda.
a) Supplement from AARP magazine which mentions the
b) Item 8I, reference to Bank of Eastern Oregon account which establishes a new checking account.
4) Mayor Jepsen announced that the new Mayor is not required to furnish sodas for the meetings. This was a courtesy by Mayor Jepsen.
5) Mayor Jepsen thanked everyone present for the farewell dinner held on January 8.
6) Mayor Jepsen announced that during the time he was Mayor, he had a special concern for families with children who were unable to pay their water bills. He had asked Ms. Devin to inform him in these cases so that some arrangements could be made. He intends to continue this service after he is no longer Mayor. Mr. Jepsen also mentioned that there is an anonymous donor in Heppner who has helped families with utility bills, and other financial hardships.
D) Oaths of Office: City Manager Breazeale
administered the Oath of Office to the new Mayor,
E) Mayoral Appointments: Mayor Van Cleave appointed members to the Commissions as follows:
1) Planning Commission Term: 4 years (
Position 5: Jerry Gentry
Position 6: Suzanne Jepsen
Position 7: Rod
2) Budget Committee: Term: 3 years (
Position 1: John Gochnauer
Position 2: Gail Gutierrez
Position 3: Steve Rhea
3) Housing Authority Board: Term: 5 years
(01/01.2005 to
Position 5: Andrea Denton
Position 6: Karen Dubuque
4) Beautification Committee: Term: 1 year (
Position 1:
Position 2: Kay Proctor
Position 3: George Koffler
Position 4: Chuck Bailey
Position 5: Nancy Gochnauer
5) Fire Department Advisory Committee: Term: 4
years (
Position 1: Mike Jones
Position 2: Dean Robinson
6) Saint Patrick’s Celebration Chairperson: Term:
1 year (
Claudia Hughes and Cara Osmin
7) Christmas Parade of Lights Chairperson: Term:
1 year (0101/2005 to
Cliff Green
8) Council Commission Appointments: Term: 2
years (
Police Commissioner: Glenn Baker
Fire Department Commissioner: Kay Robinson
Parks and Land Commissioner: Judy Buschke
Utility Commissioner:
Personnel Committee (3 members)
Position 1:
Position 2:
Position 3: Kay Robinson
Motion by Mr. Wolff to approve Resolution No. 588-05 A Resolution Ratifying Appointments to City Committees, Boards, Commissions, and Positions. Seconded by Ms. Doherty. Motion carried.
G) Election of Chairman of the Council. Mayor Van Cleave opened the nominations for position of Chairman of the Council. Motion by Mr. Wolff to nominate Ms. Doherty. Seconded by Mrs. Robinson. Motion carried.
H) Appointment to City Council Position No. 4. Mayor Van Cleave announced that there are two candidates for this position which is the position vacated by Mayor Van Cleave: Keith Lewis and George Koffler. Mr. Lewis is not in attendance due to a family emergency. Mayor Van Cleave discussed the qualifications of the two candidates and recommended that the Council appoint George Koffler to the position.
Discussion: Motion by Mr. Wolff to nominate both candidates and vote by secret ballot. According to the City Attorney’s representative, in answer to a question by Mr. Sykes concerning whether a secret ballot could be conducted, Mr. Creasing stated that he would need to consult the City by-laws for a ruling. According to Mr. Creasing, both candidates need to be nominated. Mr. Wolff retracted his motion and moved to appoint George Koffler under the Mayor’s recommendation. Seconded by Ms. Doherty. Motion carried.
The Oath of Office was administered to Mr. Koffler by City Manager Breazeale.
J) Approval of the
1) Page 6, Para E, 1: 4th paragraph, line 5: Sentence should read: “It also states that in the event. . . . . . “
2) Page 7, 3rd paragraph: Mr. Wolff would like this statement clarified that the Council can discuss anything they wish to discuss in open council even if it is against the advice of the City Attorney and that Ms. Spicer acquiesced to this.
3) Page 8,
4) Page 8, Para C: Mr. Wolff asked to clarify this paragraph that it refers to the Rural Fire Protection District invoice instead of the Fire Department.
Motion by Mrs.
Buschke to approve the minutes of the
K) Report from Planning Commission. No report since there was no meeting in January 2005.
L) Correspondence:
1) Mr. Breazeale discussed the item that was published in the January 2005 AARP Bulleting, wherein Heppner was listed as the number 1 city in the nation for people over 50 years of age living in manufactured homes. The source of the information is unknown. Mr. Breazeale stated that he had also received an e-mail inquiring about mobile home parks in Heppner, which are non-existent. The Chamber of Commerce has also been contacted regarding this article.
2. COMMUNICATIONS
FROM THE PUBLIC None.
3. PUBLIC
HEARINGS
A) Resolution No. ______, A Resolution Declaring Certain
Property a Nuisance and Ordering Cleanup of Property. Property
address is
PUBLIC HEARINGS
CLOSED
4. COUNCIL
ACTION
A) Resolution No. ______, A Resolution Declaring
Certain Property a Nuisance and Ordering Cleanup of Property.
Property address is
5. COMMUNICATIONS
FROM THE COUNTY SHERIFF REPRESENTATIVE
A) Activity Report. Deputy Rayburn reported that there is no log this month since the Sheriff’s Department has a new system and there should be a report next month.
B) Police Commission. Deputy Rayburn reported that the Paul Breeding property was discussed at the last Police Commission meeting. The issue of the commercial zoning on the property was discussed and whether code enforcement action could be instituted since the owners are apparently operating a vehicle sales dealership on the property. Mr. Wolff recommended referring this to the Police Commission. Deputy Rayburn stated that he would have Deputy Bredfield take pictures of the property in preparation for opening a Code Enforcement Action on the property.
Motion by Mrs. Robinson to begin the code enforcement process. Seconded by Ms. Doherty. Motion carried.
C) Additional Discussion. Deputy Rayburn introduced
the new Under-Sheriff, Steve Myren. Under-Sheriff Myren
announced that he will attend future Council meetings and also
the Police Commission meetings. Mayor Van Cleave stated
that he would like the Sheriff to attend one of these meetings in
the future. Mr. Koffler asked Under-Sheriff Myren whether
the Sheriff’s Department foresees any changes in future
business processes with the
6. COMMUNICATIONS
FROM THE PUBLIC WORKS DEPARTMENT
A) Activity Report. Public Works Director Nelson
reported that his crews are continuing on work in the City.
All parks are metered, the pile at the gravel yard has been
burned with the help of the fire department, they have replaced
six new meters that needed changed. They have started
construction on the chlorine building at Reservoir 1 which was
required by the health department. They cleaned 10 blocks
of sewer line and TV’d six, and repaired the sewer lateral
on
F) Additional Discussion: Mayor Van Cleave stated
that he wanted to discuss the possibility of having the grader
being used on
According to Mr. Breazeale, formal council action will be required. However, the alley has never been accepted by the city as a public street for maintenance or expenditures. In order to take the next step, Council action would be required on the amount that could be expended on this road. He feels the Utilities Commission should discuss this further. Mr. Van Cleave asked if this should be referred to the Utilities Commission for a long term policy. Mr. Breazeale agreed, although they could approve a short term decision to gravel the road at this time. According to Mr. Nelson, it will probably take 4.5-5 loads of gravel. Roger Britt charges $150.00 per load. Mrs. Buschke asked if this would be setting a precedent. In answer to Mr. Wolff’s question, Mr. Nelson explained that the City does not have gravel available for this. Mr. Wolff stated that he is not comfortable with taking any formal action and Council agreed to refer this to the Utilities Commission. Mr. Wolff also stated that the City does not own a grader.
C) Parks and Lands Commision meeting: Mr. Wolff asked about the lead samples at the City yard. According to Mr. Nelson, this is still being tested and the material needs to be taken to Finley Butte. Mr. Nelson outlined the actions being taken. If the tests come back positive, the City would have to sign up for a hazardous waste program and they will send a representative to outline what needs to be done. .
D) Water System Status Report. Regarding the water report, reservoir one had a problem with overflow. This appears to have been corrected. The hospital and sewer plant are still not metered; this will be done in conjunction with the water project. Mr. Wolff asked if the bid packages are out and Mr. Breazeale stated that they are and there will be a pre-bid conference at City Hall on January 12. The engineer will be present to answer any questions and make any necessary changes. Bids are scheduled to be opened on February 1.
NOTE: Agenda items for Public Works are listed in the minutes in the order they were discussed during the meeting.
7. COMMUNICATIONS
FROM THE
Chief Estes reported that the month of December was quiet. They had four page-outs, Chief Estes responded to five calls. The Fire Department burned a single-wide trailer home at Miller’s which burned in 13 minutes. Mr. Wolff mentioned that the Rural Fire Protection District received the invoice for the current year; a meeting is scheduled. Don Bennett has requested the calculations and Mr. Estes stated that he has them done and will furnish them to Mr. Wolff.
8. COMMUNICATIONS
FROM THE
A) Flood Study – Status Report. Mr. Breazeale reported that the flood study is ongoing. The City has not been successful in having the review of the hydrology finalized. The consultant performing the review stated that it would be done last Friday, but has not been received by the City. The numbers are down from the previous study, and they are expecting an even lower number for the industrial park and Ione. The preliminary maps have been released, but have not been furnished to the City. Mr. Breazeale will monitor actions and advise.
B) Land Use Committee – UGB adjustment project status report. Mr. Breazeale reported no new actions since the last golf course meeting. The membership is scheduled to meet this month to make a decision on whether they want to be included in the UGB. If they do decide to be included, this will change the UGB boundaries. There has been interest from every property owner on the northeast side of the highway, and they do want to be included.
C) Water Use Committee – Status report. Mr.
Breazeale reported that he had attended a meeting in
D) 2005
Motion by Mr. Baker to accept Special City Allotment Agreement #22,185 as presented. Seconded by Mr. Wolff. Motion carried.
E) Engineering Agreement,
Motion by Mr. Wolff that Council approve the engineering agreement with Ferguson Engineering for the Riverside Avenue Project. Seconded by Ms. Doherty. Motion carried.
Mr. Wolff asked
about the locate notice on
Mr. Van Cleave inquired if the soft spots are being dug out and replaced and Mr. Nelson stated that they are.
F) Resolution No. 589-05, A Resolution Approving Accounts Payable for Payment. Mr. Koffler inquired if the accounts payable is included in the packet for review, and Mr. Van Cleave stated that it is included as a hand-out. Members reviewed the Accounts Payable itemization.
Motion by Mr. Wolff that the Council approve Resolution No. 589-05, a Resolution Approving Accounts Payable for Payment. Seconded by Mrs. Robinson.
Discussion: Mr. Wolff questioned the bill from Ace Consultants Inc. for $207,000. He assumes that we have already paid $100,000, so this would amount to $300,000 which is about 10% of the total project. Mr. Breazeale replied that they are more than that and the total is around $500,000 for the engineering. Mr. Wolff replied that they still have some money “on the hook” to follow through on the project. Mr. Breazeale affirmed this statement. Mr. Wolff inquired about the bill from Cliff’s Septic Tank Service and what it was for. According to Mr. Nelson, this was for TV’ing some lines. Mr. Wolff questioned the bill from ODOT for permit application in the amount of $1,000. Mr. Breazeale stated that this was for the water project for the bridge.
Question called for by Mr. Van Cleave. Motion carried.
G) Resolution No. 590-05, A Resolution Approving the Transfer of Appropriations Within the 2004-2005 Budget. Mr. Breazeale stated that this is to increase the line item for materials and supplies under the water fund for the chlorine that has been purchased to comply with a state order. To date from July 1 – December 31, approximately $3,077.18 on chlorine. This over-expends the line item. The City is requesting to increase that appropriation by transferring the contingency into the water fund. According to Mr. Breazeale, $5,000 should cover this through the rest of the year.
Motion by Mr. Wolff to approve Resolution No. 590-05, A Resolution Approving the Transfer of Appropriations Within the 2004-2005 Budget. Seconded by Mr. Koffler. Motion carried.
H) December Financial Statement. No discussion.
I) Authorization to Open New Checking Account within the
Bank of
Motion by Ms. Doherty to approve switching to the Bank of Eastern Oregon premium account. Seconded by Mrs. Robinson. Motion carried (Mr. Koffler abstained).
9. COMMUNICATIONS
FROM
A) Windwave Franchise Agreement. According to Mr.
Breazeale, all of the terms have been agreed to. Mr.
Creasing verified this and finalization is now up to the
attorneys in
B) Port of
C) Measure 37 Developments. Mr. Creasing stated that although he has attended meetings on this, there is nothing settled. The language needs to be finalized and the Governor’s attorney does not feel that waivers will become permanent. It will affect future development, though. It doesn’t look like there will be too much retroactivity. According to Mr. Breazeale, neither the City nor County has had any claims, although claims have been filed in other areas of the state.
10. COMMUNICATIONS
FROM THE MAYOR/
A) Beautification Commission. Next meeting to be held
B) Heppner Housing Authority. Mr. Jepsen reported
that there are three vacancies in the
C) Mayor/Councilor Comments.
1) Mr. Wolff requested a Personnel Committee meeting in the next few weeks.
2) Mr. Breazeale discussed setting the Goal Setting Session
for
Meeting adjourned at