Minutes of the Reedsport City Council Regular Session January December 16, 2002, 7:00 P s3

MINUTES OF THE REEDSPORT CITY COUNCIL REGULAR SESSION FEBRUARY 9, 2004, 7:00 P.M. CITY HALL COUNCIL CHAMBERS.

PRESENT: Mayor Keith Tymchuk

Councilors Russ Ekstrom, Ruth Hash, Richard Oba, Garth Pollard, Stan Washington and Debbie Williams

Student Councilor Kelly Merschel

Pro-Tem City Manager, John Cable

City Attorney, Steve Miller

OTHERS PRESENT: Roy Ayres, Velma Ayres, Sid Boddy, Floyd Dollar, Janelle Evans, Dave Harris, Portia Harris, Delaine Humphreys, Dorothy Johnson, Vera Koch, Dan Kristoffersen, Jay MacCaulley, Bob Miller, Diane Novak, Roy Swift, Norm Tindall, Heather Vail, Ron Vierra, Dan Welch, Shirley Welch, Howard Yune, Rep. KCBY

MEETING CALLED TO ORDER:

PLEDGE OF ALLEGIANCE:

PRESENTATIONS:

Mr. Jay MacCaulley, lobbyist, reported on potential issues regarding the Division of State Lands. The State plans to place liens on waterfront properties in order to preserve public access. There are 1,700 property owners in the State that could be affected, with Rainbow Plaza, Rainbow Slough, and Umpqua River Navigation among those in Reedsport.

Mayor Keith Tymchuk advised that a representative from the Division of State Lands will give a presentation at a future council meeting.

Annual STEP (Salmon/Trout Enhancement Program) report presented by Ms. Laura Jackson, ODFW Fisheries Biologist. She said that the program, which includes many volunteers, has resulted in many Chinook salmon returning. Anglers are coming from all over, with bank anglers fishing from August thru October.

GOOD FRIENDS AND NEIGHBORS AWARD: Ms. Colleen Reilley – In recognition of her dedication to the Tree of giving project.

CITIZEN COMMENTS:

Ms. Dorothy Johnson, 1010 Hawthorne, said that the City should be responsible for sewer laterals on City property (street/sidewalk). She requested that the City consider reimbursing her for expenses that she accrued to repair her sewer lateral, if the City’s policy changes in the near future.

Public Utilities Superintendent Floyd Dollar advised that the Wastewater Facility Plan does include that laterals should be paid by the City.

The Council will wait for the Wastewater Facilities Plan before making any changes to the sewer lateral policy.

Ms. Susan Massey, Republican candidate for the House of Representatives from District 9, introduced herself to the Council.

City Council Minutes of February 9, 2004

of 7 CONSENT CALENDAR:

Routine items of business that require a vote but are not expected to require discussion by the Council are placed on the Consent Calendar and voted upon as one item. In the event that a Councilor or citizen requests that an item be discussed, it will be removed from the Consent Calendar and placed on the Business Agenda.

1. Approve minutes of the work session meeting of January 26, 2004.

2. Approve minutes of the Regular Council meeting of January 26, 2004.

3. Motion to approve the Consent Calendar.

Councilor Ekstrom requested that Item #1 be removed from the Consent Calendar for further discussion on the Business Agenda.

Councilor Hash moved that the City Council approve the Consent Calendar as amended.

Councilor Oba seconded the motion.

MOTION:

that the City Council approve the Consent Calendar as amended.

A vote was taken on the motion with the following results:

AYES 7 NAYES 0 (Mayor Tymchuk, Councilors Ekstrom, Hash, Oba, Pollard, Washington and Williams voted in favor of the motion.)

The motion passed unanimously.

Student Councilor Merschel cast an advisory vote in favor of the motion

BUSINESS AGENDA:

Rules for receiving public input on Business Agenda items are available at the meeting.

1. Motion to approve the Business Agenda.

Mayor Tymchuk advised that Item #1 (January 26, 2004 Work Session Minutes) from the Consent Calendar was moved to Item #5 on the Business Agenda.

Councilor Williams requested that Item #1 (Council Letter 004-007) be moved to after Executive Session.

Councilor Williams moved that the City Council approve the Business Agenda as amended.

Councilor Washington seconded the motion.

MOTION: that the City Council approve the Business Agenda as amended.

VOTE: A vote was taken on the motion with the following results:

AYES 7 NAYES 0 (Mayor Tymchuk, Councilors Ekstrom, Hash, Oba, Pollard, Washington and Williams voted in favor of the motion.) City Council Minutes of February 9, 2004

of 7 The motion passed unanimously.

Regular Business:

2. Shall the City Council adopt a meeting schedule for the year 2004? (Council Letter 004-008)

The City Council has, in recent years, elected to set regular Council meeting dates that comply with the Reedsport City Charter.

The attached proposed meeting schedule is presented for Council review and action as desired.

It is recommended that the Council adopt a regular meeting schedule for the year 2004.

Council consensus was to hold regular Council meetings the first Monday of each month at 7:00pm, with a 6:00pm Work Session prior to the regular session. Additional Work Sessions will be scheduled, as needed, the third Monday of each month.

Councilor Pollard moved that the City Council adopt a meeting schedule for the year 2004.

Councilor Ekstrom seconded the motion.

MOTION:

that the City Council adopt a meeting schedule for the year 2004.

3. Shall the City Council appoint members to the City's boards and committees? (Council Letter 004-009)

Senior Citizen Center Advisory Board (1 vacancy)

The Senior Citizen Center Advisory Board was established by Resolution 87-06. The primary function of the Board is to advise the City Council and staff on issues concerning the administration and maintenance of the Lower Umpqua Senior Citizens Center. There are nine members on the board. Three terms expire each year. The Resolution provides that seven of the nine members of the Board be residents of the City of Reedsport (at least one per precinct), with the other two members being residents of the Reedsport School District #105. All Board members must be over 55 years of age.

There is one vacant position on the Board that will expire on December 31, 2006. An application has been received from Mr. Joseph Gray desiring to be appointed to the Senior Citizen Center Advisory Board.

of 7 Councilor Ekstrom moved that the City Council appoint Mr. Joseph Gray to the Senior Citizen Center Advisory Board to fill the vacant position expiring December 12-31-06.

Councilor Pollard seconded the motion.

MOTION:

that the City Council appoint Mr. Joseph Gray to the Senior Citizen Center Advisory Board to fill the vacant position expiring December 12-31-06.

4. Shall the City Council approve a draft agreement between Gardiner Sanitary District and the City of Reedsport requiring Gardiner Sanitary District to abide by the terms of Reedsport’s Mutual Order of Agreement with DEQ? (Council Letter 004-010)

The City of Reedsport received a notice of permit violations from the Department of Environmental Quality (DEQ) for the Wastewater treatment plant. In order to settle these violations and avoid future fines, the City is preparing to enter into a Mutual Order of Agreement (MAO) with DEQ. The MAO will modify permit requirements, establish penalties and impose some restrictions such as limiting the number of new sewer connections.

Since the City provides treatment of the wastewater for Gardiner Sanitary District, these restrictions will also apply to their system. The current contract with Gardiner Sanitary District to treat the wastewater does not address these issues. Therefore, it is necessary to enter into another agreement specifically designed to address these issues. Without this agreement the City of Reedsport would be responsible for any permit violations that occur in Gardiner such as unlawful sewer connections. The MAO establishes a $10,000.00 fine for each unauthorized sewer connection.

A draft agreement was attached for consideration.

Councilor Washington expressed concerns about signing an agreement that was not complete. Community Services Director Janelle Evans said that the Council will be approving the completed agreement after discussing at the February 23rd Work Session. At this time, the request is only for Council approval of the concept of the draft agreement, that Gardiner will not be a party named in the MAO, but will be regulated by it.

Councilor Williams moved that the City Council approve the concept of the draft agreement between Gardiner Sanitary District and the City of Reedsport that requires Gardiner Sanitary District to comply with the terms of Reedsport’s MAO.

Councilor Washington seconded the motion.

MOTION:

that the City Council approve the concept of the draft agreement between Gardiner Sanitary District and the City of Reedsport that requires Gardiner Sanitary District to comply with the terms of Reedsport’s MAO.

of 7 VOTE:

AYES 5 NAYES 2 (Mayor Tymchuk, Councilors Ekstrom, Pollard, Washington and Williams voted in favor of the motion.) (Councilor Hash and Oba voted against the motion.)

The motion passed.

5. Approve minutes of the Work Session meeting of January 26, 2004.

Councilor Ekstrom requested an amendment to the Work Session minutes of January 26, 2004. Page 1, Section 1, third paragraph to state, ‘ That the flag be flown at half-staff when a military personnel from our area was killed in action and other cities and towns would fly the flag at half-staff when they lost personnel from their area’.

City Manager Pro-Tem Jay Cable advised that Reedsport cannot regulate what other cities do.

Council consensus was to add to the third paragraph on page 1, section 1, after ‘directed by the Governor’ ‘or when military personnel from the Lower Umpqua Area were killed in action.’

Miscellaneous Items:

(Mayor, Councilors, Student Councilors, City Manager, City Attorney)

Mayor Tymchuk said that the Council and public should not be alarmed regarding the comments made by Mr. Jay MacCaulley. The Division of State Lands has assured the City that DSL has no intention to try and claim those lands.

Councilor Pollard asked about possible litigation if someone fell trying to step over the water to get to the mailboxes at Holly Knolls (8th Street).

City Attorney Steve Miller advised that the City has the possibility of being exposed to liability for various reasons. It is the Council’s job to decide where to best utilize the resources of the City.

Mayor Tymchuk said that the Council should trust Public Work’s Director Dan Welch’s judgment, that issues are prioritized and addressed as they come up.

Public Work’s Director Welch said that there is a larger puddle of water in front of City Hall, and this is used more frequently.

Councilor Hash would like to discuss the issue of the Barrone Park agreement with the School District on a future agenda.

City Manager Pro Tem Jay Cable reported on the following:

 The City staff, in conjunction with CIS Healthy Benefits, has applied for and received a Worksite Wellness Grant Award in the amount of $500. Our goal is to divide the City staff onto two teams and “Walk the Lewis and Clark Trail” by the end of the year. The

of 7 real goal is to improve the health of our employees in order to lower insurance costs and employee sick days. Council members will be encouraged/drafted to participate.

 On February 5th, Dan Welch and I met with members of RAP to discuss the park. The topics of discussion were: safety, litter, vandalism, restrooms, and skate park rules which included a safety and maintenance checklist and a sample resolution. The meeting was very productive and other meetings were scheduled for May 27th and early October.

 Accounts Payable/Accounts Receivable Clerk Lynn Dugan has tenured her resignation effective Friday, February 13th therefore we are in the process of seeking applications to fill her position. Lynn was a very good employee and she will be missed.

 Cable has spoken with Thomas Thorburn, Senior Program Officer, Rural Community Enhancement with the Ford Family Foundation regarding a Library. He sounded interested in a remodel/renovation project and seemed happy to meet with the Friends of the Library in the next few weeks to review their pre application.

 Water began flowing through the new pipe to Gardiner today.

Executive Session:

EXECUTIVE SESSION OF THE REEDSPORT CITY COUNCIL FEBRUARY 9, 2004, CITY HALL COUNCIL CHAMBERS.

PRESENT: Mayor Keith Tymchuk

Councilors Russ Ekstrom, Ruth Hash, Richard Oba, Garth Pollard, Stan Washington and Debbie Williams

Pro-Tem City Manager, John Cable

City Attorney, Steve Miller

OTHERS PRESENT: Diane Novak, Heather Vail, Howard Yune

Pursuant to ORS 192.660 (1)(a) - Employment of Public Officers, Employees and Agents Pursuant to ORS 192.660(1)(f) - Exempt Public Records. Pursuant to ORS 192.660 (1)(h) - Consultation with Legal Counsel regarding pending or potential litigation

OPEN SESSION:

1. Shall the City Council appoint a City Manager Pro-Tem for a period not to exceed six months? (Council Letter 004-007)

The City Council appointed Jay Cable as the City Manager Pro-Tem at the August 4, 2003 Council meeting. The City Charter provides for the appointment of a City Manager Pro-Tem in Chapter 5, Section 21 (e), so long as the City Manager Pro-Tem does not serve continuously for more than six (6) months.

The six-month period of appointment for City Manager Pro-Tem Jay Cable expired on February 4, 2004. Prior to the expiration date, City Manager Pro-Tem Cable appointed City employee Bob Gross as City Manager Pro-Tem until such time that City Council convenes and appoints a City Manager Pro-Tem for a period of time not to exceed six months.

It is recommended that City Council appoint a City Manager Pro-Tem for a period not to exceed six months.

of 7 Councilor Hash moved that the City Council appoint John D. Cable as City Manager Pro Tem for a period of time not to exceed six months beginning on February 9, 2004.

Councilor Pollard seconded the motion.

MOTION:

that the City Council appoint John D. Cable as City Manager Pro Tem for a period of time not to exceed six months beginning on February 9, 2004.

AYES 6 NAYES 1 (Mayor Tymchuk, Councilors Ekstrom, Hash, Oba, Pollard, and Washington voted in favor of the motion.) (Councilor Williams voted against the motion)

The motion passed.

Councilor Hash moved that the City Council direct City Attorney Steve Miller to proceed with collections for payments owed by Kuehn Landing LLC.

Councilor Ekstrom seconded the motion.

MOTION:

that the City Council direct City Attorney Steve Miller to proceed with collections for payments owed by Kuehn Landing LLC.

ADJOURN.

______Mayor Keith Tymchuk

ATTEST:

______John D. Cable, City Recorder