MINUTES OF THE CITY COUNCIL MEETING, JULY 9, 2001

PRESENT: Mayor Bob Jepsen; Council Members Kay Robinson; Kari Keown; Tom Wolff; Rita Hedman, Skip Matthews; Tim Van Cleave; City Manager Jerry Breazeale; Interim Police Chief Merle Cowett, Officer Mike Sweek, City Attorney Bill Kuhn

VISITORS: Verlin Denton, Morrow County Sheriff; Randy Rayburn, Kevin Chick, Verda Hager

1. GENERAL BUSINESS

A) Call to Order. Mayor Jepsen called the meeting to order at 7:02PM

B) Pledge of Allegiance. Mayor Jepsen led the Pledge of Allegiance to the Flag.

C) Announcements:

City Manager Breazeale announced additions to the agenda: add 2 items to "1-F, Correspondence,"i.e., OLCC letter detailing new liquor license renewal policy and letter from the Heppner Chamber of Commerce re: Rodeo Parade; add item to "2-D, Memo from Sheriff Denton regarding law enforcement contract; distributing minutes of Police Commission (3-B); add two items to "4-Communications from the Public Works Director," i.e., "D" letter of resignation and "E" Letter from Taurus Power and Controls; add two items to "6-Communications from the City Manager," i.e., Notice of Proposed Sale of State Property" and information about "Celebrate Heppner."

D) Approval of Minutes of June 11, 2001, Council Meeting.

Mayor Jepsen asked if there were any corrections or additions to the minutes. Two corrections were noted: under section 5-B- the Police Commission meeting was rescheduled to June 21 because of the planned absence of member Rita Hedman; in section 8-F the word "septic" is corrected to "septage."

It was moved by Tom Wolff and seconded by Kay Robinson to approve the minutes as corrected.

MOTION CARRIED.

E) Report from the Planning Commission: There was no report from the Planning Commission

F) Correspondence:

A request from the Nazarene Church to use the City Park on Saturday, July 14, and on Tuesday, August 14, for a barbeque for Junior High students. In response to a question from Tom Wolff, Manager Breazeale clarified that the City Council has never required insurance be provided by groups making similar requests. Motion to approve by Rita Hedman, second by Tim Van Cleave. MOTION CARRIED.

Caleb O'Neal-Maben expressed his concern over lack of recreational facilities for young people, specifically suggesting a skate park.. The Council request that Manager Breazeale invite Mr. O'Neal-Maben to attend the next meeting of the Parks and Lands Commission.

City of Ione has issued a challenge proclamation declaring that the week of July 9-14 will be a "tobacco free week." The City of Heppner answered the challenge by mayoral decree that the week of July 9-14 shall be a tobacco free week in the City of Heppner.

Confirmation of Manager Breazeale's appointment to the Baker-Morrow Partnership board was received.

A "Thank you" from the Umatilla Morrow ESD for participation in the school program which gave students an opportunity to experience employment was received.

A letter was received from the City of Salem requesting the City's support for their efforts to outlaw the use of cell phones while driving. After a brief discussion, it was decided that no action would be taken at this time.

Census 2000 advised the City of its ability to question the census count. Manager Breazeale stated that he felt the numbers for the City of Heppner, though disappointing, were correct.

League of Oregon Cities provided information on forming a "YAC," which provides for youth involvement in City activities.

The Oregon Liquor Control Commission has changed their policy for liquor license renewals and is soliciting input from the City regarding those businesses who are up for approval. Two of those listed, Court Street Market and Kate's Pizza, are no longer in business. Upon assurances from Interim Police Chief Cowett that there have been no problems with any of the businesses, Tom Wolff moved to recommend approval of renewal of liquor licenses, Kari Keown seconded. MOTION CARRIED.

The Chamber of Commerce requested that the Council approve the use of Main Street for the Morrow County Rodeo Parade on August 18, with consequent street closures , traffic control, etc.

Moved to approve by Kari Keown, second by Skip Matthews. MOTION CARRIED.

Janet Greenup of Morrow County Soil and Water Conservation District wrote regarding a meeting on July 10 regarding a proposal to install an aerator in the lake to improve water quality. Tom Wolff will attend the meeting.

2. COMMUNICATIONS FROM THE PUBLIC

A) Oral communications from the public not on the agenda. (This item returned to after items B, C & D)

Kevin Chick spoke regarding his concern about violent activity and alcohol related activities in the City right of way property which abuts his property near the grade school. The area of concern is centered around the footbridge which connects Main Street and the City Park with the school property. He has witnessed and videotaped activities which he feels are inappropriate and dangerous and sought the City Council's blessing to form a citizens' group and/or activities to clean up the brush on the city right of way exposing those areas which seem to encourage the illicit activity and provide escape routes when the police arrive to deal with the problem. Skip Matthews moved that a member of the Parks and Lands Commission and a member of the Police Commission meet with Mr. Chick and Janet Greenup, SWCD, and propose a plan of action to the City, second by Kay Robinson. During discussion, Kevin Chick stated that he would be willing to head up a Neighborhood Watch organization. Mayor Jepsen suggested that Mr. Chick contact Ray French who was the chairman of a previous Neighborhood Watch program. Question was called and MOTION CARRIED

B) Request for animal permit from Ashley and Kelsey Wolff, 180 Rock Street, renewal for 3 rabbits.

C) Request for animal permit from Keith Kennedy, 990 Fairview Way, for 49 hens and one rooster. Manager Breazeale that this permitee had been cited for failure to get a permit, but there have been no further complaints about the chickens.

Motion to approve both requests by Kay Robinson, second by Skip Matthews. MOTION CARRIED.

D) Morrow County Sheriff Verlin Denton appeared to provide information and answer questions from the Council regarding the potential agreement between the City of Heppner and the Morrow County Sheriff's Department to provide policing for the City.

Sheriff Denton, at the request of City Manager Breazeale and Mayor Jepsen, provided a memo detailing some approximate costs of providing police coverage to the City. Responding to a question from Tim Van Cleave, Sheriff Denton explained that the $41,000 in savings for the City mentioned in the memo arises because the plan would utilize resources which the Sheriff's Department already has in place, such as supervisory personnel, record keeping, etc. In return for this service, the Sheriff's Department would ask that the deputies in town would take care of the dam, as far north as the mill site, the south end of town and the fairgrounds. Sheriff Denton mentioned that Oregon Statutes require that if the County assumes this role, that Heppner City officers would become employees of the Sheriff's Department. Tom Wolff noted that it would be best to not consider the funds "saved" if this plan was implemented, but rather to establish a fund to be used in the event that the City decided to reactivate a City police department in the future. Interim Police Chief Merle Cowett stated that this is a "win-win" situation for him - both options provide for his position. Regarding coverage of the community, Chief Cowett feels that greater coverage would be provided under the proposed County Sheriff's Department plan. Kevin Chick spoke in support of utilizing the infrastructure and resources of a larger organization (in this case, the Morrow County Sheriff's Department) when it can deliver improved service and coverage to the community. Verda Hager informed the Council that she has had frequent and ongoing contact with the County officers because she has had many instances where it was necessary that she report activities she witnessed. Her concern with the City department is that they cannot offer 24 hour coverage and the coverage issue would be improved with the Sheriff Department plan. Mayor Jepsen noted that the City Attorney would be reviewing the contract and that there would be further discussion in the near future. No further action was required of the City Council at this time.

3. COMMUNICATIONS FROM THE CHIEF OF POLICE

A) Activity report: no discussion

B) Police Commission meeting is July 26th.

C) Code Enforcement: Video of three properties (i.e., those properties owned by La Doux, Kight and Looney) previously dealt with in the initial stages of the Public Nuisance Abatement process was provided by Interim Chief Cowett and reviewed by the Council. Motion by Tom Wolff to proceed to the next step in the enforcement process on all three properties, second by Kay Robinson. MOTION CARRIED.

Interim Chief Cowett reported that the property adjoining the Looney property is presenting afire hazard due to tall grass and detritus. Motion by Tom Wolff to begin the cleanup procedures on this property by sending the initial letter, seconded by Skip Matthews. MOTION CARRIED.

Interim Chief Cowett reported that he will be getting a window in the patrol car repaired. Tom Wolff suggested he check with Mr. Milligan.

4. COMMUNICATIONS FROM THE PUBLIC WORKS DIRECTOR

A) Activity Report: Tom Wolff questioned item #15; Manager Breazeale clarified that the site of the sewer repair and replacement was on upper Chase Street near Glen Ward's house..

B) Utilities Commission Meeting will meet July 23, 8AM (changed from originally scheduled July 19, due to Manager Breazeale's absence on that date.).

C) Parks and Lands Commission Meeting will be held July 25.

D) Public Works Director Dave Winters resigned July 9, 2001, effective July 9, 2001. Personnel matters will be discussed in Executive Session at an advertised future time. Manager Breazeale suggested that advertisement of the position begin immediately since Director Winters was the City's only certified waste water treatment plant operator and state law requires that a certified operator be available ( though not necessarily on staff). Manager Breazeale said that he can renew his certification, if necessary, and can talk to the Cities of Boardman, Hermiston, etc., and ask that one of their certified operators be available if needed. He further said that existing employees will need to begin intensive familiarization with the plant operations. Motion by Tom Wolff to authorize Manager Breazeale to proceed with advertising the position of City of Heppner Public Works Director, second by Kay Robinson. MOTION CARRIED.

E) Taurus Controls has proposed replacing a failed device in the telemetry system which monitors the level in the reservoir near the high school which has not been operational for several months. It was disabled by a lightening storm. Taurus has said they can install a controller which will protect it from electrical spikes caused by lightening. Total cost will be $5,200 plus expenses. Motion to authorize expenditure by Rita Hedman, second by Kay Robinson. MOTION CARRIED.

7. COMMUNICATIONS FROM THE FIRE CHIEF: Chief Estes was not present. Tom Wolff reported that Air Life has concerns about access to the helicopter pad due to development in the area. There was discussion about other possible options for landing, i.e., the football field, the High School parking lot, private properties near the hospital.

8. COMMUNICATIONS FROM THE CITY MANAGER

A) Resolution # 465-01, A Resolution Approving Accounts Payable for Payment; Motion by Skip Matthews, seconded by Tom Wolff. Kay Robinson's question regarding the payment to A Sharp Painter was explained as being for painting of an apartment in the Senior Center. MOTION CARRIED.

B) Landscape architect Tricia Martin received community input on the development of the Unocal property and will be returning for additional meetings on July 14. Tom Wolff reported that he had been informed that the property is infested with puncture vine. Manager Breazeale replied that Dobyns had been contracted with to spray immediately.

C) Regarding the dog control program, Manager Breazeale reported that the kennel construction is complete and the first staff training has taken place. The Public Works Department will pick up strays incidentally to their regular work.

D) The completed Water System Master Plan will be distributed to the Utilities Commission at their next meeting and will be available to the Council. Manager Breazeale noted that the finance plan is not yet complete.

E) City Manager Breazeale advised that there are a couple of options regarding the future of the Police Department: develop and complete an agreement with the County to provide policing; appoint an interim chief (Merle Cowett is presently filling this position); or proceed in another direction. Manager Breazeale requested direction from the Council. Tom Wolff asked Interim Chief Cowett if he had any further comments about the proposed agreement with the County. Merle reported that the Sheriff is aware that if the City contracts with the County that he (Cowett) will probably retire at the end of one year as he had planned. He has told Manager Breazeale that if the City continues to maintain it's own police department and promote him to Chief, he will work three years before retiring. Tom Wolff reported that he had spoken to Officer Mike Sweek who had indicated that he felt that there would be more opportunities for good pay and advancement if the City pursued the contract with the County. City Attorney Bill Kuhn commented that the contract looked like it would work , at least as long as Sheriff Denton is in office, and that it would be advisable to add an addendum detailing the City's expectations and to key the escape clauses to the fiscal calendar. Manager Breazeale noted that he and members of the police department and Police Commission will discuss the agreement and present recommendations to the Council.

Manager Breazeale asked that the Council consider additional compensation for Interim Chief Cowett in recognition of his additional responsibilities. Manager Breazeale suggested an additional $100 per month. After discussion about whether this was adequate, there was a Motion by Tom Wolff that Manager Breazeale meet with Interim Chief Cowett and present a suggested new wage to the Council for consideration, second by Kari Keown. MOTION CARRIED.

F) City Manager Breazeale reported that this year's "Celebrate Heppner" on July 22 will be greatly expanded and will feature a "Farmers' Market." The Chamber of Commerce is requesting the City Council's sanction of the event and to authorize a street closure. Motion by Rita Hedman to authorize the street closure, second by Kari Keown. MOTION CARRIED.

G) Notice was received from the State of Oregon of the pending sale of 93,000 acres of state land

to R.D. Offett. The notice is provided to allow an expression of interest in acquiring the property. Tom Wolff noted that he is personally "extremely disappointed in our Governor and in his office for the backhand they gave South Morrow County and the Willow Creek Valley in dealing with this issue. The idea of a road, to spend our money, our tax money, that won't do anybody any good, is squandering of public resources." No action was taken.

9. COMMUNICATIONS FROM THE CITY ATTORNEY: Bill Kuhn reported that there are no problems. He noted that the State Legislature has adjourned and that he is reviewing the impact on the City of various activities of the legislature.

10. COMMUNICATIONS FROM THE MAYOR/CITY COUNCILORS

A) The Beautification Commission met May 10. Next meeting will be July 12.

B) Heppner Housing Authority: Bob Jepsen reported that the new flooring material was chosen.

C) The Willow Creek Valley Economic Development Group: Tom Wolff reported that they are meeting on July 18 and preparing to send out a follow-up mailing of about 8000 flyers. Volunteers are invited to join them for a "stuffing party" on July 30 and 31.

D) Kari Keown noted that she was very impressed with the "editorials" from the 5th graders which were published in the paper and offered to be a "go-between" with the school children to encourage their positive interest in City and Willow Creek Valley matters. The Council and Manager Breazeale encouraged her to proceed.

Meeting adjourned at 9:50 PM