SEPTEMBER 6, 2001
1. CALL TO ORDER AND ROLL CALL: Council President Moore called the Council meeting to order at 7:00 p.m. Council President Moore and Councilors Woodruff, Peterson and Welch answered the roll.
2. CITIZEN COMMENTS AND CONCERNS: None.
3. COUNCIL COMMENTS AND CONCERNS: Council President Moore noted a memo from Mayor Lehmann regarding a concern with the upcoming hiring process for City Administrator. Councilor Peterson spoke to the issue, and moved to include the League of Oregon Cities in the hiring process. The motion failed for lack of a second. Councilor Woodruff noted that there were a couple of young boys who had managed to climb to the tops of the poles at the viewing platform. She asked if the Public Works Director would carry the concern to the Parks Committee, possibly asking for some caps on the poles to prevent problems.
4. MINUTES: The Council considered the minutes from the August 2, 2001 special Council meeting and August 2, 2001 regular Council meeting. Councilor Welch moved to approve the minutes as presented. Councilor Woodruff seconded, and the motion carried unanimously on a voice vote.
5. STAFF REPORTS:
A. Sheriff Report: Lt. Stallard was present to review the July Sheriff's report. Councilor Welch mentioned that speed had been an off and on concern, particularly on Highway 101. He noted only two VBR citations in the last report, and asked that Lt. Stallard carry the concern back to the Sheriff. Out of 13 citations written by Deputies Endicott and Manning, only 4 were for speeding. Lt. Stallard responded that one of the problems in trying to catch speeding violators had to do with the volume of traffic coming off the bridge, making it difficult to apprehend the offenders. In addition, radars don't work well when there is such a volume, although speed-measuring laser does work. Lt. Stallard indicated that they would keep working that area and enforcing speed violations. Councilor Peterson noted that another problem was where Willow Street was one-way coming out of Clark's Market, but numerous people were using it as a shortcut back out onto Hwy. 101. He also commented that when the officers were present, the traffic appeared to be obeying the law.
B. City Administrator: Mr. Dowsett mentioned that his project status report was getting shorter by the day. He reviewed the progress to-date on the three remaining issues. In other matters, Mr. Dowsett stated that he had gotten some preliminary information that there may be funding for the long-term solution for South Waldport Sewer Project, although the mixture of grant/loan was still unclear. Mr. Dowsett stated that the first step in forming the LID for the project would be to authorize the City Engineer to do LID report. This report would set out general details of the project and who would be assessed. Part of the project might be the return of treated water to the golf course, in which case there would be a bifurcated LID with those costs being assessed only to the golf course. Mr. Dowsett referred to his letter in the packet regarding Dahl Disposals' agreement to pick up trash in the park and noted that Russ and Gene Dahl would be invited to the next Infrastructure meeting to discuss the possibility of putting in a street from Highway 101 to the Industrial Park area on Crestline Drive. Mr. Dowsett indicated that a letter from Mike Cerbone regarding applying to ODOT for use permit to obtain property on east side of bridge for additional parking for downtown area had been distributed at the meeting. Councilor President Moore wondered how much thought had been given to traffic flow and costs to make it a usable lot. Mr. Dowsett noted that the new billing program was up and running, and people would notice a different format and printout. At present, the consumption was listed in cubic feet rather than units, but the bills were calculated correctly. The auditors had made a suggestion during their recent visit in regard to the handling of "pass-through" funds, but seemed pleased with the overall financial condition of the City. Mr. Dowsett reported that one candidate, Curt Abbott, had submitted his name for the vacant Council position on the November ballot. He was also present in the audience. Councilor Welch moved to direct staff to apply for the appropriate ODOT permit relating to the use of the property east of the bridge. Councilor Peterson seconded. Councilor Woodruff wondered if it might be prudent to wait until the traffic study was completed, and noted that there was no great emergency. The motion failed, with Councilors Welch and Peterson voting "Aye", Council President Moore and Councilor Woodruff voting "Nay".
C. City Attorney: Mr. Hammersley noted that Handy Haven foreclosure sale had been rescheduled to September 25 at 10:00. Although the City has a judgment for close to $10,000, Mr. Hammersley indicated that it may also be foreclosed unless the property sold prior. He stated that he had two items for discussion in executive session. Councilor Welch noted an update on Measure 7 and asked the City Attorney for his opinion on the pending adoption of the Development Code. Mr. Hammersley felt the Council should proceed with the adoption given the requirements for Periodic Review and the fact that Measure 7 was not currently in effect. He stated that there was nothing specific to preclude adoption of the Development Code.
D. Public Works Director: Mr. McClintock noted that at the previous meeting, they had asked him to review the Engineer's bills, and he had done so. The Southeast basin sewer job was now complete, although there was a little work on the laterals which would be completed in a couple of weeks. He praised the efforts of the OYCC crew and noted his letter included in the packet materials truly expressed his opinion of the program. Council President Moore also praised their efforts, noting their assistance on various projects throughout the City. Mr. McClintock reported that two thirds of the 48" culvert was in the ground for the Red Ditch project, and the ditch work, fill work and gravel should be done by the end of next week. The water was currently flowing in the correct direction, which was a good sign. Norwood Street was ready to go, and he was anticipating paving in next week or two. Also in regard to paving, Mr. McClintock noted that the City had planned on contracting with Lincoln County for chip sealing for Peterson Park and a couple of streets up on Crestline. However, there was no county budget for chip sealing this year, so the work would have to be postponed until next year. In regard to the third tsunami siren, the negotiations with Wood Oil did not succeed, but the property owners to the east were willing to grant the City an easement for nothing. Mr. McClintock was expediting the necessary paperwork. Noting that the City had originally planned a 5-year program for replacing its meters, Mr. McClintock announced that he had already spent his budgeted $12,000 and wondered if the Council would consider doubling the budget by taking the money out of Water Fund Contingency. Council President Moore moved to take $12,000 out of Water Fund Contingency for the purpose of replacing meters. Councilor Peterson seconded. The motion carried unanimously on a voice vote. Councilor Welch noted that the City was also applying for funds to culvert East Red Ditch.
D. City Engineer Report: Council President Moore asked if the Finance and Administration Committee would look at the necessity for a monthly report, noting that it costs the City about $120 a report. Following a brief discussion, Councilor Welch moved to have a City Engineer Report only if it were specifically requested, and to take the report off the agenda unless one were included. Councilor Peterson seconded, and the motion carried unanimously on a voice vote. Staff would advise the City Engineer of the action.
Noting that the public hearing had been scheduled for 7:30 p.m. on the agenda, but that the previous meeting minutes announced that it would be at 8:00 p.m., Council President Moore deferred the public hearing to 8:00 p.m.
7. COMMITTEE REPORTS:
A. Finance and Administration: Councilor Peterson noted that Councilor Church had made a presentation regarding a network printer for the office, and the recommendation from the Committee was favorable. He then moved to recommend purchase of the printer for approximately $1300, with the funds to come from Public Works Contingency. Councilor Woodruff seconded and the motion carried unanimously on a voice vote. Councilor Peterson noted that a Council representative should be present on the Senior Center Board and moved to appoint Councilor Woodruff to that position. Councilor Welch seconded, and the motion carried unanimously on a voice vote.
B. Infrastructure Planning: Council President Moore noted that their previous meeting had included a lengthy discussion regarding the sewer rate methodology. Their preliminary recommendation was to stay with the current methodology but to pick up additional multi-residential customers in the base rate. A rough calculation had show a possible decrease in the base rate if the "new" customers were added. Pending further discussion, the Infrastructure Committee suggested sending the recommendation for Bartlett to review. Mr. Dowsett noted that this applied only to the base rate, and that the unit rate may still experience an increase. Mr. McClintock indicated that even though the chip sealing would not be done this year, Public Works was still planning on doing the drain cleanout in Peterson Park.
C. Traffic Safety - Councilor Welch reviewed the meeting of August 28, noting that the Committee had discussed three issues, including recommending approval of the Waldport Emergency Operation Plan as revised. The other issues were the potential reconfiguration of Highway 101 from four lanes to one lane each north and south and a turn lane, and a concern regarding parking which had been brought to their attention by business owner Susan Swander. She was asking if the City would consider limiting parking in front of businesses to one hour. Councilor Woodruff noted that this concern may also be taken care of in the traffic management study, along with the potential reconfiguration of Highway 101. This study would commence in the next 30 days, and the grant for the study had already been received. Consensus of the Council was to refer the issue to the traffic management study and defer action until the study was completed.
8. CONSENT CALENDAR: The Council considered the following items: Proclamation and related material for "Cruzin' for Crab Festival & Chowder Cook-Off", and City Engineer bill. Councilor Welch moved to approve the Consent Calendar, Councilor Woodruff seconded. The motion carried unanimously on a voice vote.
9. CORRESPONDENCE: The Council considered the following items: Letter from Greg Danelz re Vacancy on Library Board; Letter of Withdrawal from Jack Howell; Letter from City of Yachats re Resource Sharing; Letter from Sheriff O'Brien re Revenue Refund; and Invitation from Vietnam Veterans of Florence to Visit "The Moving Wall". In regard to the letter of interest from Mr. Danelz, Council President Moore noted that Mr. Danelz was present in the audience and had attended the last Library Board meeting. Additionally, Mr. Howell had submitted a letter of withdrawal in favor of Mr. Danelz. Council President Moore then moved to appoint Mr. Danelz to the vacancy, Councilor Welch seconded, and the motion carried unanimously on a voice vote. No further action was needed on the remaining correspondence.
10. INFORMATIONAL ITEMS: The Council considered the following items: Letter from DEQ re Inflow/Infiltration Work; Letter to OYCC re Summer Crew; Letter to Russ Dahl; Library Board Meeting Minutes; Correspondence to Friends of Library Board; Oregon Mayor's Conference Notes from Session and Related Handouts. No action was needed.
11. PUBLIC HEARING(S): At 8:00 p.m., Council President Moore opened the continuation of the Public Hearing regarding the proposed sewer rate increase. No members of the public wished to enter comments into the record. Council President Moore then closed the Public Hearing and opened the Council meeting to deliberations. Consensus of the Council was to continue the deliberations to the next Council meeting.
12. NEW BUSINESS:
A. Request for Amendment of Oregon Savings Growth Plan Service Agreement: Mr. Dowsett explained that a change in the Plan necessitated the amendment, and recommended authorization to sign on behalf of the City. Councilor Welch moved to authorize Mr. Dowsett to sign on behalf of the City, Councilor Peterson seconded. The motion carried unanimously on a voice vote.
B. Request from LOC for Financial Assistance to Fund Litigation (QWEST): Mr. Dowsett noted that QWEST was not in the City's service area. However, if the lawsuit proved successful, it may cut off all franchise fees. Discussion ensued, no further action was taken.
C. Email Suggestion from Chamber President Regarding Continuation of RARE Program: Council President Moore noted that he saw no problem if a grant could be obtained to cover the cost. He suggested that the issue be deferred to the Finance and Administration Committee for comment. Councilor Woodruff suggested deferring the issue to the Urban Renewal Agency, Council President Moore responded that this was not part of the Urban Renewal Plan. Councilor Welch asked if City staff could inquire into applying for a grant. Mr. Dowsett indicated that September 15 was the deadline to apply for this quarter. Councilor Welch moved that City staff be instructed to take necessary steps to apply for a grant for next year. Councilor Woodruff asked about what would happen if the grant did not cover the full cost, and Councilor Welch responded that it would be hard to tell, but he wouldn't like the City to lose an opportunity for lack of effort. Councilor Woodruff seconded the motion, which then carried unanimously on a voice vote.
D. Consideration of Ordinance Amending the Waldport Municipal Code, Title 16: Mr. Dowsett reminded the Council that they had made a motion to prepare the ordinance with the suggested amendments at last meeting. It had been reviewed by the City Attorney, who had made notations which were not particularly substantive except for the Public Notice provisions where he added statutory language to bring it up to date. Mr. Hammersley recommended that the Council proceed to vote on the ordinance. Mr. Dowsett noted that the document, with the proposed changes, had been on record in the City Hall office for seven days. This was part of the Periodic Review process, which had already been delayed a year because of potential Measure 7 impacts. The revisions included the "Riparian Ordinance", and Mr. Dowsett clarified that the City would be using the Safe Harbor setback of 50' except for areas where the actual setback was less than 50'. Councilor Welch expressed a concern that there were only four members of the Council were present, and Councilor Woodruff indicated that the Mayor had been hoping adoption could be delayed to include changes as a result of the Economic Development work. Mr. Dowsett responded that there was a quorum of the Council present, and that any further changes would have to go through the entire process of review by the Planning Commission and public hearings before they could be implemented. Councilor Peterson moved to read Ordinance 676 by title only for the first and second readings. Councilor Welch seconded. Council President Moore read Ordinance 676 by title only for the first and second times. Councilor Peterson moved to adopt Ordinance No. 676, Councilor Welch seconded, and the motion carried unanimously on a roll call vote.
13. OLD BUSINESS:
A. Waldport Emergency Operations Plan: Councilor Welch noted that it was important that the Council take the amended plan seriously. He had met with the Traffic Safety Committee three times regarding this issue, and had included input from the Fire Chief and the Sheriff's Department which had also reviewed the plan. Councilor Welch then moved to approve the plan as presented. Councilor Peterson seconded, and the motion carried unanimously on a voice vote.
B. Toledo Water Group: Councilor Welch reported on the last meeting of the group, which had taken place the previous week in Yachats. The RFP had been sent out, and although Seal Rock had not yet signed the Intergovernmental Agreement, they were planning to do so. One request was that each of the entities select two permanent members to represent them. Councilor Welch indicated that he would like to continue on in that respect, and noted that Councilor Woodruff had also expressed interest. Councilor Welch then moved to appoint himself and Councilor Woodruff, Councilor Peterson seconded, and the motion carried unanimously on a voice vote.
Council President Moore noted that the job description for City Administrator included a requirement that the applicant live within the City limits. Councilor Peterson moved to change the language to indicate that the Council preferred that the Administrator become a City resident, but that within six months they must become a resident of Lincoln County. Councilor Welch seconded. The motion carried unanimously on a voice vote. Mr. Dowsett asked if there were additional changes to the draft job description. Council President Moore moved to accept the job description with Mr. Dowsett's proposed changes. Councilor Peterson seconded. The motion failed, with Council President Moore and Councilor Peterson voting "Aye", Councilors Welch and Woodruff voting "Nay". They explained that they would like to have more time to discuss the proposed changes. Councilor Woodruff asked that the item be placed on the next Council agenda for discussion, consensus of the Council was favorable.
14. EXECUTIVE SESSION(S): At 8:30 p.m., there being no further business to come before the Council, and noting no necessity for returning to open session, the Council adjourned to executive session, pursuant to ORS 192.660(1)(h): To consult with counsel regarding current litigation or litigation likely to be filed.
15. ACTIONS, IF ANY, FROM EXECUTIVE SESSIONS: None.
16. ADJOURNMENT: At 9:00 p.m., there being no further business to come before the Council, the motion to adjourn was made, seconded and carried unanimously on a voice vote.
Reda A. Quinlan, City Clerk
APPROVED by the Waldport City Council this 4th day of October, 2001.
SIGNED by the Mayor this 5th day of October, 2001.
Kim D. Lehmann, Mayor
SEPTEMBER 20, 2001
1. Call to order was made by Mayor Lehmann at 6:00 p.m. Roll call reflected as present; Mayor Lehmann, Council President Moore, and Councilors Woodruff, Peterson, Church, and Welch. A quorum was present.
2. There were no Citizen Comments or Concerns expressed.
With the unanimous consent of the Waldport City Council members, it was agreed to waive review and discussion of agenda items 3 through 11 and to proceed directly to agenda item 12 for New Business. Four members of the Yachats City Council, led by Mayor Lee Corbin Were present as invited guests for the purpose of a joint City Council discussion on the potential of a Shared Service Intergovernmental Agreement relating to Public Works.
12. NEW BUSINESS:
Mayor Lehmann led off the discussion by thanking the Yachats City Council Members for attending, and for being willing to work in such a constructive way with the City of Waldport regarding the potential of a Public Works Director Shared Services Agreement between Waldport and Yachats. Mayor Lehmann then suggested that we proceed with a joint council discussion and review of the key points relating to an Intergovernmental Agreement for a shared Public Works Director for Waldport and Yachats as set forth in the letter of August 30, 2001 by Yachats City Attorney Mike Dowsett. Mayor Lee Corbin led off by indicating that he was in general agreement with the points stated in the letter of August 30, 2001 by Attorney Dowsett, and that their City Council was comfortable with the Public Works Director remaining an employee of Waldport, and that any contract for services would involve Yachats and Waldport, and not the Public Works Director as an individual. The Yachats Council is also in agreement on the time split of 40% for Yachats, and 60% for Waldport. Mayor Corbin emphasized, however, that significant flexibility would be needed in the initial phase as John McClintock would need to acquaint himself with the Yachats program and public works team.
Gene Moore, Waldport Council President commented that Yachats would need at least 40% of the Public Works Director time at the beginning of any shared services program, and that Waldport would recognize this as part of the start up program.
Mayor Lehmann of Waldport also indicated general agreement with the terms as presented in the letter of August 30, 2001 from Attorney Dowsett, and suggested that there be a three month review process following the start of any Shared Services Contract with Yachats in order to evaluate the progress and resolve any potential issues relating to the time split. This suggestion found general agreement among both the Yachats and Waldport City Council members.
Councilor Susan Woodruff of Waldport suggested that at the beginning of the Shared Services Contract that it might be more appropriate to bill for the Public Works Director services on the basis of actual time utilized in the service for Yachats. Councilor Peterson indicated that he felt that this would unduly complicate the process, and that we should stay with the straight 60%-40% agreement that both cities could budget for on a consistent basis. Discussion among other members ensued, and the general belief expressed was that staying with the 60%-40% split on the Shared Services was the best approach.
Councilor Herman Welch of Waldport suggested that instead of trying to fit the time split into monthly segments, that we consider a 3-month quarterly review to allow maximum flexibility for the Share Services program to work and provide the highest level of flexibility for the Public Works Director in how he allocated his time.
Mayor Lee Corbin of Yachats indicated that if we could agree on the terms of an Intergovernmental Contract for Shared Services of the Public Works Director, that he would like to have the orientation process begin in mid November 2001 prior to the December retirement of the present Yachats Public Works Director. John McClintock indicated that this would not present a problem, and there were no objections raised by members of the Waldport City Council members.
Councilor Herman Welch of Waldport asked for clarification of the billing process on any Shared Services Contract for the Public Works Director, and Mayor Lee Corbin of Yachats indicated that they expected to be billed and to pay on a Monthly basis for Shared Services over the term of any contract.
The Joint Council Members discussed the issue of transportation for the Shared Public Works Director in general, and no clear consensus was reflected. Councilor Woodruff of Waldport suggested that perhaps that both Waldport and Yachats could participate in some type of vehicle lease agreement that would provide flexibility without undue record keeping. It was finally agreed by the Joint Council Group that this would be considered as a separate issue at a later date, and that John McClintock would charge mileage on his personal vehicle until the issue could be resolved.
Councilor Herman Welch of Waldport reviewed the importance that any Shared Services Contract with Yachats include Waldport as an Additional Insured under the liability and workers compensation policies of the City of Yachats, in order to prevent any problems relating to the enforcement of the indemnification agreement in the event of injury or property damage arising out of the Shared Services of the Public Works Director.
After a complete and thorough discussion of the issues relating to an Intergovernmental Shared Services Contract for Public Works Director between Waldport and Yachats, Councilor Herman Welch of Waldport made the following motion:"I Move that the City of Waldport proceed with consideration of an Intergovernmental Agreement with the City of Yachats for Public Works Director Services, and that a draft of the proposed Intergovernmental Agreement be drawn by the City Attorney of Yachts for review and comment by the City of Waldport."There was a second by Council President Gene Moore of Waldport, and the vote was 6 to 0 in favor of passage of the motion by the Waldport City Council.
Councilor Herman Welch of Waldport made a motion that Mayor Kim Lehmann be designated as the contract person between the City of Waldport and the City of Yachats in regard to any issues relating to the Intergovernmental Agreement for Shared Services of the Public Works Director. The motion was seconded by Councilor Ed Peterson, and passed on a 6 to 0 vote in favor of passage.
OTHER SHARED SERVICES: Mayor Lee Corbin of Yachats advised the joint Council Group that when a final agreement was reached on the Shared Services of the Public Works Director, that it would be to the mutual advantage of both Yachats and Waldport to consider other types of shared services that could involve City Code enforcement with a joint employee to enforce City Ordinances in both Waldport and Yachats. In addition there could be the joint use of specialized equipment in order to benefit both communities at a lower cost. After a general discussion by the Joint Council Group it was the consensus that the issue of other shared services should be taken up at a later date when the Intergovernmental agreement on the Public Works Director is completed.
WATER EMERGENCY MUTUAL AID AGREEMENT: The Waldport City Council members reviewed the Water Emergency Mutual Aid Agreement contained in the Council packet. Council President Gene Moore advised that this agreement to provide mutual water aid in time of emergency was clearly in the best interests of the City of Waldport, and would foster a more cooperative relationship with Yachats and SW Lincoln Water District. Council President Gene Moore then offered the motion to approve the Water Emergency Mutual Aid Agreement. Councilor Ed Peterson seconded the motion. The council vote was 6 to 0 for approval.
SOUTH COUNTY WATER GROUP REPORT: Council President Gene Moore advised the Joint Council Meeting that the South County Water Group consisting of Waldport, SW Lincoln Water District, and Yachats had held two prior meetings and has another scheduled for October 17, 2001. The objectives of this group are focused on eventual consolidation of the three water entities in South Lincoln County to bring about greater operational efficiencies, and to take advantage of various economies of scale in the use of personnel and the pooling of resources.
Councilor Welch of Waldport advised that the Engineering Study that will be undertaken by the Toledo Water Group would also serve to provide the technical background basis to begin the process of working toward the consolidation of the water entities in South Lincoln County.
Council President Gene Moore emphasized that equal representation of the three water entities was of prime importance in any consideration of future consolidation. Mayor Lehmann also emphasized that the issue of water rights among the three entities was a critical factor, and that this issue must be carefully considered in light of future population increases in the Waldport area.
MUTUAL PROMOTION OF EVENTS: Mayor Lee Corbin of Yachats advised the Joint Council Group that it would be to the mutual advantage of both Yachats and Waldport to have MUTUAL CITY PROMOTION OF EVENTS that are held by both cities. This would be a service to both communities and would tend to increase attendance and participation. Councilor Ed Peterson suggested that Waldport and Yachats consider a larger joint fire works display for the Fourth of July celebration.
Councilor Herman Welch of Waldport requested information from Mayor Lee Corbin of Yachats regarding the use of surplus Oregon State Police Cars for traffic safety purposes. Mayor Corbin advised that the program in South Lincoln County was headed by Ray Sinclair, and that he would provide us with additional information regarding the program for consideration by the Waldport City Council.
Council President Gene Moore made the motion for adjournment at 7:25 p.m. It was seconded by Councilor Ed Peterson, and passed on a 6 to 0 vote.
Herman Welch, City Councilor
City of Waldport
APPROVED by the City Council this 4th day of October, 2001.
SIGNED by the Mayor this 5th day of October, 2001.
Kim D. Lehmann, Mayor