MINUTES OF THE REEDSPORT CITY COUNCIL REGULAR SESSION SEPTEMBER 12, 2005, 7:30 P.M. CITY HALL COUNCIL CHAMBERS.

PRESENT: Mayor Jim Hanson

Councilors Ruth Hash, Mike Macho, Bill Otis, and Stan Washington

City Manager Pro Tem, Jay Cable

City Attorney, Steve Miller

ABSENT: Councilor Garth Pollard and Bill Walker

OTHERS PRESENT: Diane Novak, Vera Koch, Janelle Evans, Portia Harris, Floyd Dollar, John Smart, Dave Harris, Roy & Marlene Swift, Tom Allumbaugh, Ed Allumbaugh, Tom Anderson, Tom Tymchuk, Keith & Jennifer Tymchuk, Debbie McKinney, John Smart, Bill Moldt, Leah Hopkins, Terry Green, Shawn Stevenson, Sabrina – KCBY, Mark & Karen Bedard, Judy Bedard, Geoff Hartley, Sid & Ruth Boddy, Bethany Elliott, Diane Essig, Jacque Lauderbaugh, Mary Lindeman, John Lechuga, Linda Pioresan.

MEETING CALLED TO ORDER:

PLEDGE OF ALLEGIANCE:

COURT BAILIFF SWORN-IN: William Moldt

PROCLAMATION: SMART (Start Making A Reader Today) Month

CITIZEN COMMENTS:

This time is reserved for citizens to comment on items that are not on the Agenda. Maximum of five minutes per item, please.

Mr. Mark Bedard, 2150 Fir Ave., expressed concerns for the safety of his employees at “Bedrock’s Chowder House & Grill” when they go to and from the business through the alley door. Vehicles travel too fast through the alley and he would like to install speed bumps and also restrict the traffic to ‘one way’.

Council directed staff to present an ordinance at the next council meeting to designate the alley as ‘one way’ and to advise the specifications for speed bumps.

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 Special Session of July 26, 2005.

2. Approve minutes of the Work Session of August 1, 2005.

3. Approve minutes of the Regular Council meeting of August 1, 2005.

4. Approve minutes of Special Session of August 11, 2005.

5. Motion to approve the Consent Calendar.

Councilor Ruth Hash moved that the City Council approve the consent calendar as presented.

Councilor Bill Otis seconded the motion.

MOTION:

that the City Council approve the consent calendar as presented.

VOTE:

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

AYES 5 NAYES 0

(Mayor Hanson, Councilors Hash, Macho, Otis, and Washington voted in favor of the motion.)

The motion passed unanimously.

BUSINESS AGENDA:

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

1. Motion to approve the Business Agenda.

Councilor Mike Macho moved that the City Council approve the business agenda as presented.

Councilor Ruth Hash seconded the motion.

MOTION:

that the City Council approve the business agenda as presented.

VOTE:

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

AYES 5 NAYES 0

(Mayor Hanson, Councilors Hash, Macho, Otis, and Washington voted in favor of the motion.)

The motion passed unanimously.

Regular Business:

1. Receive Chamber of Commerce report of motel tax distribution. (Council Letter 005-067)

The City of Reedsport has entered into an agreement with the Reedsport / Winchester Bay Chamber of Commerce which provides for the expenditure of transient room tax funds for promotion of the area. The agreement, last amended in April 1999, provides that the Chamber will make an annual report to the City Council that outlines the expenditure of the funds as well as future budgeting plans for the promotion program. The report presents an accounting of receipts and expenditures involving the Chamber's obligations under the agreement with the City, and a program report for future budget purposes detailing performance accomplishments, suggestions and any problems occurring under the agreement to this point in time.

Mr. Mark Bedard, President Chamber of Commerce, presented the annual report from the Reedsport/Winchester Bay Chamber of Commerce on expenditures of the transient room tax funds.

Mr. Geoff Hartley asked if the transient room tax funds are audited?

Finance Director Vera Koch advised that an audit was completed two years ago, this is done at the City’s request.

2. Shall the City Council authorize the Mayor to sign the cooperative agreement with Menasha Corporation? (Council Letter 005-068)

In 1996, the City of Reedsport was granted a filtration exemption from the Drinking Water Program. As part of the approval requirement, the City was to complete a comprehensive management program and written agreements with land owners within the water shed. At the time a plan was developed but it did not include the required agreements with property owners. The state discovered this error late in 2003 and requested that the City complete the agreements by May of 2004.

In May of 2004 City staff and representatives of the Menasha Corporation completed a draft agreement. However, both the City Attorney and Menasha’s attorney felt additional legal language needed to be added. Based on the need for additional legal review the City was granted an extension of time.

City Attorney Steve Miller said that the City and Menasha are working toward completing the agreement and it will be available at a future council meeting.

Councilor Stan Washington moved that the City Council table this issue and direct staff to further clarify and complete discussions with Menasha.

Councilor Mike Macho seconded the motion.

MOTION:

that the City Council table this issue and direct staff to further clarify and complete discussions with Menasha.

VOTE:

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

AYES 5 NAYES 0

(Mayor Hanson, Councilors Hash, Macho, Otis, and Washington voted in favor of the motion.)

The motion passed unanimously.

3. Shall the City Council adopt the Drinking Water Protection Plan for Clear Lake? (Council Letter 005-069)

A Source Water Protection Plan (SWPP) is a low cost proactive approach to preventing contamination through communication, education and awareness. Through this plan the responsible management authorities (property owners) take responsibility concerning the Drinking Water Protection Area and practices within.

The plan identifies the property owners within the watershed and potential contamination based on their uses. The potential contamination is ranked as either a high, medium or low risk and best management practices have been developed to reduce the contamination possibilities.

Creation of the SWPP and its adoption is not mandated but it is highly recommended especially when you are a non filtered system. Shawn Stevenson, a Source Water Specialist from Oregon Association of Water Utilities, wrote the plan free of charge, and briefly provided an overview.

It is staff’s recommendation that you adopt the Drinking Water Protection Plan for Clear Lake. Adoption of the plan will help insure a safer drinking water supply for future generations.

Councilor Ruth Hash moved that the City Council adopt the Drinking Water Protection Plan as presented.

Councilor Mike Macho seconded the motion.

MOTION:

that the City Council adopt the Drinking Water Protection Plan as presented.

VOTE:

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

AYES 4 NAYES 0 ABSTAIN 1

(Mayor Hanson, Councilors Hash, Macho, and Otis voted in favor of the motion.)

(Councilor Washington abstained, as he had not read the plan)

The motion passed.

4. Shall the City Council initiate an amendment to Reedsport Municipal Code Chapter 3.28 storm Water System? (Council Letter 005-070)

As of December 1, 2002 any excavation, clearing, grading or construction that disturbs more than one acre of land requires a National Pollutant Discharge Elimination System (NPDES) permit. These permits are reviewed and approved through the Department of Environmental Quality (DEQ). The purpose of the permits is to protect the surface waters from storm water run off which often contains pollutants that could adversely affect the water quality.

One of the permit regulations is that if the storm water discharges directly into a wetland a filter system is required. These filters will require maintenance and replacement yearly. The filters cost approximately $75.00 each. This new regulation has created a dilemma for both developers and the City since neither wants to incur the yearly costs.

A possible solution to this problem would be for the City to assume the responsibility for the maintenance and yearly replacement of the filters and increase the storm water fee within the subdivision to account for the additional expense. However, in order to provide this option to developers the Reedsport Municipal Code would need to be amended.

Councilor Mike Macho moved that the City Council direct staff to amend the Reedsport Municipal Code to allow the City to assume the responsibility for the maintenance and replacement of the filters and charge an additional storm water fee to the property owners within the subdivision to cover the annual replacement costs for the filters.

Councilor Bill Otis seconded the motion.

MOTION:

that the City Council direct staff to amend the Reedsport Municipal Code to allow the City to assume the responsibility for the maintenance and replacement of the filters and charge an additional storm water fee to the property owners within the subdivision to cover the annual replacement costs for the filters.

VOTE:

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

AYES 5 NAYES 0

(Mayor Hanson, Councilors Hash, Macho, Otis, and Washington voted in favor of the motion.)

The motion passed unanimously.

5.  Shall the City Council authorize the capital equipment purchase of a used fire truck? (Council Letter 005-071)

Up until about 1990, the Reedsport Volunteer Fire Department had replaced one of its fire trucks with a new one every ten years. Considering the dramatic increases in fire apparatus costs the purchase of new equipment may not be a viable option. New vehicle prices for the type of Fire Pumper needed by the Reedsport Volunteer Fire Department start at $350,000 and go up from that point. With the use of the internet and the availability of good used apparatus, it seems fiscally wise to buy pre-owned. This is a practice that the Police Department has used successfully for several years.

Fire Chief Tom Anderson is networking across the nation for a low mileage pre-owned vehicle in excellent condition. When dealing with these one of a kind used vehicles, the key is to act quickly as others are looking at them as well. If approved, a purchase would be made only with the approval of the Fire Department and the City Manager.

It is recommended that the Council approve this purchase in accordance with Reedsport Municipal Code §§ 2.16.070 (1). This allows for the purchase from a public or Federal agency without requiring competitive bids. It is further recommended that Council approve this purchase at this time as the window of opportunity to make such a purchase will close and it is not known what vehicles will be available at a later date or the condition of such vehicles.

City Manager Pro Tem Jay Cable advised that the Fire Department has identified a pumper from a used apparatus dealership in Alabama. Two members of the Fire Department will travel to the dealership to check over the apparatus.

Councilor Mike Macho moved that the City Council authorize the capital equipment purchase of a used Fire Pumper.

Councilor Stan Washington seconded the motion.

MOTION:

that the City Council authorize the capital equipment purchase of a used Fire Pumper.

VOTE:

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

AYES 5 NAYES 0

(Mayor Hanson, Councilors Hash, Macho, Otis, and Washington voted in favor of the motion.)

The motion passed unanimously.

Future Business:

1. (none)

Miscellaneous Items:

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

City Manager Pro Tem Jay Cable reported on the following:

The City has received notice of award from OECDD for the wastewater improvement project. The award is for $3,000,000 of which $2,250,000 is a Wastewater Financing loan and $750,000 is a Wastewater Financing grant.

On September 8, 2005 a call came into the Police Department that a gentleman was apparently having a heart attack at the Coho Marina. Officer Jeremie LeDoux responded and arrived on scene prior to the arrival of EMTs. Officer LeDoux recognized the need to use the AED (automatic external defibrillator) and through his training and the use of this high tech equipment, brought the man back to and saved his life. Excellent work Officer LeDoux! A formal letter of commendation will be presented at a later Council meeting.

The Umpqua Discovery Treasure Chest has received word of a grant award for $150,000 from the Ford Family Foundation to construct the subterranean education room and $35,000 a year for two years to develop educational programs. This not only puts the new project very close to completion but allows money for program development in the future. Good work Portia and the staff and Volunteers at the Discovery Center.

Tsalila Festival is just around the corner. Make your plans now to attend and bring friends and family to this meaningful and educational event. Tsalila Education Days are September 21-23. 2,160 second through fifth graders are scheduled to participate.

Mayor Jim Hanson offered the City Council’s sympathy to the people on the Gulf Coast that were affected by Hurricane Katrina.

Councilor Macho advised that the Police Department sent boxes to Madison County Police Department that lost everything during the hurricane.

Executive Session:

EXECUTIVE SESSION OF THE REEDSPORT CITY COUNCIL SEPTEMBER 12, 2005, CITY HALL COUNCIL CHAMBERS.

PRESENT: Mayor Jim Hanson

Councilors Ruth Hash, Mike Macho, Bill Otis, and Stan Washington.

John D. Cable, City Manager Pro Tem

City Attorney, Steve Miller

ABSENT: Councilors Garth Pollard and Bill Walker

OTHERS PRESENT: Diane Novak and Leah Hopkins

Pursuant to ORS 192.660(2)(f) - Exempt Public Records.

Pursuant to ORS 192.660 (2)(h) - Consultation with Legal Counsel regarding pending or potential litigation

Pursuant to ORS 192.660 (2)(a) - Employment of Public Officers, Employees and Agents

ADJOURN.

______

Mayor Jim Hanson

ATTEST:

Diane L. Novak, City Recorder

City Council Minutes of September 12, 2005

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