JANUARY, 2002 COUNCIL MINUTES

1.    ROLL CALL: Acting Mayor Moore called the meeting to order at 7:00 p.m. Acting Mayor Moore and Councilors Peterson, Abbott, Woodruff, Welch and Church answered the roll. A quorum was present.
2.    CITIZEN COMMENTS AND CONCERNS: None.
3.    COUNCIL COMMENTS AND CONCERNS: Councilor Welch announced that the Oregon Transportation Commission met in Salem the previous day, and approved the Highway 34 paving and Red Ditch improvement project in the amount of $936,000. The Highway 101 and Range Drive left turn lane project continues in the timeline and is scheduled for next summer.
4.    MINUTES: The Council considered the minutes from the December 6, December 11 and December 31, 2001 meetings. Councilor Woodruff moved to approve the minutes as presented. Councilor Welch seconded, and the motion carried unanimously on a voice vote.
5.    STAFF REPORTS:
    A.    Sheriff: Acting Mayor Moore noted the Sheriff's letter accompanying the written report, which stated that there would not be a representative at the meeting as they had all been putting in many hours of overtime on the Longo case.
    B.    City Administrator: City Administrator Leonard indicated that she had not prepared a written staff report for this meeting, as she had only gotten back that day. She reported that the Public Works Department had been working on a major leak, which had caused many of the City's water customers to experience a water outage, and generated innumerable phone calls throughout the day. Staff would look at the phone system to see if a message could be added to the front of the regular message to tell of daily things and occurrences such as this.
    C.    City Attorney: City Attorney Hammersley reported that the opposition in the Sagaitis case had asked for another extension, and that the League of Oregon Cities and the City of Gresham would be joining the City as friends of the court. He noted that there are state laws which exempt both real estate and insurance companies from business license requirements. Savings and loans may also be exempt, but there is currently a combined effort to appeal that ruling. Mr. Hammersley asked for permission from the Council to join in that appeal, at a minimal expense to the City. Councilor Woodruff moved to authorize him to participate, Councilor Abbott seconded, and the motion carried unanimously on a voice vote. Mr. Hammersley noted that the Yachats Fire department has signed the annexation consent, and the City will need to get all the others. The Isaak Walton League agreement has been signed by all parties. The tsunami easements have been signed and returned to the City to be recorded. Mr. Hammersley reported that Whispering Woods' attorney has filed an objection to the requirements for the time extension, and he has responded with a memo and will attend the next Planning Commission meeting, with the Council's approval. In response to a question, Mr. Hammersley assured Councilor Church that he could attend the meeting and still be able to render a decision as a councilor if a decision was appealed. The Keady Wayside deed was finally being recorded, the acceptance had been signed that evening and the document would be forwarded to the County for recording. Councilor Welch noted that Ms. Leonard had given a brief review of the Supreme Court decision regarding urban renewal. Mr. Hammersley indicated that his initial reaction was that the City would not need to return any money to the taxpayers, although the tax court will still have to rule. There may be some financial impact but it should be very minimal on this agency/district. He consented to writing a memo when he has more understanding of the issue. Consensus of the council was to allow Rich to attend the Planning Commission meeting.
    D.    Public Works Director: Mr. McClintock confirmed that there was a major waterline break, in one of the worst locations possible. This was in the main 10" transmission line from Peterson Park to Crestline. It was repaired around 3:00 p.m. and the crew had just finished cleaning and flushing the lines. Mr. McClintock indicated that he had been approached by United Pipe & Supply regarding a new program, wherein if the City buys a certain number of meters, they will provide new hardware and software with purchase. He noted that they were willing to carry us at 0% interest for one payment this year, one payment next year. Mr. McClintock will get further information and distribute to Council. He noted that in a recent rain event, the City had gotten over 5" in a 24-hour period. There was a small incident at the Wastewater Plant, which was reported to DEQ. DEQ stated that many coastal communities had similar problems. Mr. McClintock indicated that part of the problem was a design fault at the Treatment Plant, where the sludge lagoon fills up with rainwater which is then transported to the plant for treatment. At some point, he will come to the Council with some options for fixing that problem. Councilor Welch confirmed that the lagoon work was slated for the upcoming construction season. Mr. McClintock stated that $4,000 - $5,000 would cover emergency power for City Hall from the generator at the Grade School Pump Station. He indicated that he was planning on cross-training the water and sewer plant operators for both Waldport and Yachats. The gate will be installed on the Isaak Walton League property in about a week. In regards to the Range Drive/Crestline Drive stop signs, Mr. McClintock indicated that he had not heard back from the County, although they had installed traffic counters at the location recently. Pioneer Plumbing had been awarded the bid for the Library restrooms, and the work will be starting next week. Staff distributed a resolution authorizing the City to apply for an OYCC Grant. Following a brief discussion, Councilor Woodruff moved to approve Resolution 995. Councilor Welch seconded, and the motion carried unanimously.
    E.    City Planner: There was no report in the packet. The Council requested that Ms. Leonard find out the date for the Urban Growth Boundary hearing at the County and provide the information to them.
6.    COMMITTEE REPORTS:
    A.    Finance and Administration: Next meeting will be Tuesday, January 22 at 10:00 a.m.
    B.    Infrastructure Planning: Next meeting will be Wednesday, January 23 at 10:00 p.m.
    C.    Parks and Recreation: Next meeting will be Tuesday, January 22 at 6:00 p.m.
    D.    Traffic Safety: Councilor Welch reported that the Oregon State Police have suspended their surplus police car program and will be selling their vehicles instead.
7.    CONSENT CALENDAR: The Council considered the following items: City Engineer bill and City Attorney bill. Councilor Woodruff moved to approve the Consent Calendar. Councilor Welch seconded, and the motion carried unanimously on a voice vote.
8.    CORRESPONDENCE: The Council acknowledged the following items of correspondence: a letter and poem from Eileen M. Taylor about the Longo children; a letter from Fred Harrison regarding the Library, and a letter and report from DLCD regarding the City's Floodplain management. No action was required.
9.    INFORMATIONAL ITEMS: The Council considered the following items: letter from City Attorney re EPA compliance; Senior Center Board minutes from November & December, 2001; and a financial memo. No action was required. Councilor Woodruff noted that the Senior Center was very complimentary in regards to the response received from Public Works for fixing various problems at the Center. Acting Mayor Moore urged any interested persons to volunteer for the vacancies on the Senior Board.
10.    PUBLIC HEARING: None.
11.    NEW BUSINESS:
    A.    Letter of Interest re Parks Committee Vacancy: Joanne Cvar was available for questions. Acting Mayor Moore moved to appoint her to the Parks Committee, Councilor Peterson seconded, and the motion carried unanimously on a voice vote.
    B.    Approval of Signing Audit Contract - Koontz & Perdue: It was noted that this was a five-year contract. Councilor Peterson moved to approve signing the contract, Councilor Welch seconded. The motion carried unanimously on a voice vote.
    C.    Consideration of Memorandum of Understanding - Road District #3 and City of Waldport: Councilor Welch moved to approve signing the Memorandum of Understanding for Fiscal Year 2002-2003. Councilor Peterson seconded, and the motion carried unanimously on a voice vote.
    D.    Budget Committee Vacancies: Acting Mayor Moore noted that there were still three vacancies on the Budget Committee. He urged any interested person to volunteer.
    E.    Resolution 994, Authorizing City to Apply for Recreation Trails Program Grant for Lint Slough Trail: Mr. McClintock noted that there is a plan for the trail, but one of the issues to be resolved was whether Oregon Department of Fish and Wildlife would allow it to be built. Councilor Abbott moved to approve Resolution 994. Councilor Welch seconded, and the motion carried unanimously on a voice vote.
    Staff noted an additional resolution which had been distributed at the meeting, in regards to authorizing signatories on the City's checking account at Umpqua Bank. Councilor Welch moved to approve Resolution 996, Councilor Peterson seconded, and the motion carried unanimously on a voice vote.
12.    OLD BUSINESS: None.
13.    EXECUTIVE SESSION: Not needed.
14.    ACTIONS, IF ANY, FROM EXECUTIVE SESSION: None.
15.    ADJOURNMENT: At 8:50 p.m., there being no further business to come before the Council, Councilor Peterson moved to adjourn. Councilor Welch seconded, and the motion carried unanimously on a voice vote.

Respectfully submitted,
Reda A. Quinlan
City Clerk

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1.    ROLL CALL: Acting Mayor Moore called the meeting to order at 10:01 p.m. Acting Mayor Moore and Councilors Peterson, Abbott, Woodruff, Welch and Church answered the roll. A quorum was present.
2.    CITIZEN'S COMMENTS AND CONCERNS: None.
3.    COUNCIL COMMENTS AND CONCERNS: None.
4.    DISCUSSION ITEM: Acting Mayor Moore noted that this was a special meeting of the Council, for the purpose of discussing the Sheriff's contract. The opinion of the City Attorney was considered in regard to removal of Section 8 of the contract, as it pertained to rehire of the officers if the contract were not renewed. Mr. Hammersley felt that this could be removed from the new contract. Consensus of the Council was to therefore remove it. Discussion regarding the remaining portions of the contract ensued. Councilor Welch suggested that it may be time to reiterate priorities, as it appeared the Sheriff's office was giving out more tickets for child safety restraints than for speeding. Councilor Woodruff stated that they were selling the City a "package service", and felt that the City should be able to tailor that service to fit the needs of the community. It was expressed that the reports need to be more detailed. Acting Mayor Moore noted that followup information should be provided as well, as to the outcome of the investigations. Councilor Peterson noted that, historically, the things that the City asked for and expected have not been complied with. His recommendation was to terminate the contract. He indicated that he does not have a problem with any of the deputies, but with the direction that they appear to have been provided with. Councilor Church noted that, under the contract, the Sheriff is appointed as its code enforcement officer. He wondered why the City was therefore looking at hiring a code enforcement officer. Another issue was the fact that the City was providing an office which was being used as the south county substation. He felt that the City should be compensated in some manner for that. The contract specifies that the City get 80 hours per week; the Sheriff's response is that the City gets more than that because they use the substation for all south county work. Acting Mayor Moore noted that Yachats's mayor has asked the City to send a formal letter regarding cost-sharing. Discussion ensued. Consensus of the Council was to have Ms. Leonard draft a letter to the Yachats Council. Councilor Welch noted that if the contract was not renewed, the probability was that the Sheriff's department would have to let two officers go. He felt that the City needed to renegotiate the contract and the Sheriff should have a better understanding of the priorities, but does not want to get rid of the program. Discussion ensued. Councilor Woodruff stated that it may be good for the City to do the followup on an ongoing basis rather than only making demands at negotiation time. Councilor Church agreed, and suggested putting the review requirements into the contract. Discussion then ensued regarding the composition of a negotiation team. Councilor Welch, Councilor Church and Acting Mayor Moore volunteered. Councilor Woodruff moved to make them the negotiating team, with the addition of Ms. Leonard. Councilor Welch seconded. Acting Mayor Moore noted that one person should be appointed as the head of the negotiation team. Councilor Welch amended the motion to make Ms. Leonard the head of the committee. Councilor Abbott seconded. Discussion ensued regarding the actions of the negotiating committee and the role the members should play. The amended motion then carried on a roll call vote, with Acting Mayor Moore and Councilors Abbott, Woodruff, Welch and Church voting "Aye", Councilor Peterson voting "Nay". The main motion, as amended, then carried on a roll call vote, with Acting Mayor Moore and Councilors Abbott, Woodruff, Welch and Church voting "Aye", Councilor Peterson voting "Nay". Councilor Peterson then withdrew his consent to the earlier action regarding having the City Administrator write a letter to the City of Yachats. Councilor Welch moved to direct the City Administrator to write a letter to the Yachats City Council, requesting that they participate in the Sheriff's law enforcement contract for the coming year. Councilor Woodruff seconded. The motion carried, with Acting Mayor Moore and Councilors Abbott, Woodruff, Welch and Church voting "Aye", Councilor Peterson voting "Nay".
    Councilor Peterson left at 11:02 a.m. A brief discussion ensued regarding negotiation. Ms. Leonard noted that the City needed to respond by May 1st to let the County know. The letter to Yachats would be sent out as soon as possible, and the City anticipated an estimate from Sheriff O'Brien by March 15th for the upcoming Fiscal Year. Acting Mayor Moore suggested going to the public and asking the voters prior to any action in regards to doing away with the contract.
    Acting Mayor Moore noted that the City received some disappointing news the previous day in regards to the South Sewer project. According to the state, the City does not appear to be eligible for the previously hoped-for $800,000 grant, due to the fact that the sewer rates are not high enough. Using similar communities, with similar demographics, the average sewer rate should be around $42, and currently the City was only charging about $35. Ms. Leonard noted that staff will review the calculations. Acting Mayor Moore pointed out that the City still has the problem with the Ocean Hills Pump Station and would also still like to pursue the gravity sewer line from Crestline Drive. Ms. Leonard noted that the DEQ compliance issue might serve to lower the interest rate on the loan, and also noted that the City might be able to pursue the "one-stop" option where the City can request a review by several agencies to look at the problem. She and Mr. McClintock are considering putting together a proposal for that. Acting Mayor Moore noted that there would be an Infrastructure Planning Committee meeting on Tuesday, February 5, 2002 at 10:00 a.m. to discuss that, as well as any other issues.
5.    ADJOURNMENT: At 11:18 p.m., there being no further business to come before the Council, Councilor Woodruff moved to adjourn. Councilor Abbott seconded, and the motion carried unanimously on a voice vote.

Respectfully submitted,
Reda A. Quinlan
City Clerk